Page images
PDF
EPUB

to receive; and also to write the number of children in words, in the proper column in the following form; and when there are no children, to strike out that part of the form. In case of any mistake, the magistrate should make the necessary alteration with a pen, and write his name opposite thereto.

The overseer of the poor will insert in the column marked C. the distance of the place to which he advances the allowance; in that marked D., the sum he gives the discharged prisoner; and in that marked E., will sign his own name, specifying the parish for which he acts. He is also to take before a magistrate any person that presents a pass in which there are alterations other than with the pen, as above directed.

Description of the discharged Prisoner.

FORMS.

Schedule (B) referred to by stat.

5 Geo. 4. c. 85, (continued).

[blocks in formation]

Memorandum for the guidance of the Overseers of the Poor, Treasurers of Counties, Memorandum for

and Keepers of Prisons.

Each overseer is to take a receipt from the discharged prisoner, signed with his (or her) name or mark, and he is to be reimbursed the money paid by the treasurer of the county in which he serves the office of overseer, on giving him a receipt for the same, together with the discharged prisoner's receipt. The overseer who makes the last advance to carry the discharged prisoner to his place of residence, is to send the certificate, route, and pass to the keeper of the prison from which the prisoner was discharged; and the said keeper shall make and sign a declaration in the form herein next after annexed; which said declaration shall be attested by one visiting justice of the said prison.

1,

at

[ocr errors]

(No. 8).

,keeper of the county gaol, [or, keeper of the house of correction or prison], in the county of do declare, that this pass hath come to me without cover, [or, in a cover open at the sides], and without any paper or thing inclosed therein, and without any writing other than the matter of such pass, and than the superscription upon the same, or upon the cover thereof.

[blocks in formation]

1, , one of the visiting justices of the said prison, do attest, that, after due examination, I do believe the aforesaid declaration to be true.

Dated this

day of

C. D.

the guidance of the overseers of

the poor, treasurers of counties, and keepers of prisons.

[blocks in formation]

(No. 9).

Commence the conviction as in the form prescribed by the act, ante, p. 1047. State the offence thus:]-for that the said A. B., on &c., at &c., in contravention of the existing rules, did carry and bring, [or, "attempt and endeavour to carry and bring"], into a certain prison, to which the act of Parliament made and passed in the fourth year of the reign of his late Majesty, and intituled “ An Act for consolidating &c., [set out the title of the act, as ante, p. 993], to wit, the gaol at

[ocr errors]

in

(a) The 70th section of the act pr.scribes the formal part of the conviction. See the 40th section, ante, 1047.

[blocks in formation]

FORMS.

Forms referred to.

[ocr errors]

and for the county of certain spirituous and fermented liquor, to wit, ten quarts of gin; contrary to the form of the statute in such case made and provided. And the said A. B. is, for his said offence, adjudged by me, the said justice, to forfeit and pay immediately, the sum of ten pounds, [not exceeding twenty pounds, and not less than ten pounds], or else to be imprisoned in , for the space of [not exceeding three Given under my hand and seal the day and year first above mentioned.

months.

See a form of indictment against parties for not repairing gaols. 3 Chit. Crim. Law. 668, 669; also of indictment for destroying a gaol. Id. 207.

See forms for prison breaking, post, Prison Breaking; also ante, Escape.

Gardens, Larceny from, see Larceny, Vol. III. p. 565 566;—
Malicious Injuries to, see Malicious Enjuries to Property,
Vol. III. p. 734 to 739.

Garments, Assaults to Spoil, &c., see Assault, Vol. I. p. 286.

Gas. See Lighting and Paving of Parishes, Vol. III-
Nuisances from, see Nuisance, Vol. III.

Gates, Stealing, &c., of, see Larceny, Vol. III. p. 566;-
Injuries, &c. to, see Malicious Enjuries to Property, Vol.
III. p. 733, 741.

Gazette, Proof by, see Evidence, ante, p. 37.

General Issue. See Plea, Vol. V.

Gin. See ante, Excise, p. 579 to 637;-Alehouse, Vol. I.

Glass, Stealing of, see Larceny, Vol. III. p. 567;-Duties, &c., on, see ante, Excise, p. 394 to 449.

As to stealing and injuring the works and glass, &c. of the British Plate Glass Company, see the 13 Geo. III., title Malicious Enjuries to Property, Vol. III. p. 743.

[ocr errors]

Gleaning.

IT
is a vulgar error to suppose that there is in general a right of gleaning
over another's lands. And trespass lies against any person who gleans
without the owner's consent, and without any particular custom, since no
such right exists at common law. Steel v. Houghton, 1 H. Bla. 51; Wor-
ledge v. Manning, Id. 53; Gould, J., diss. Parishioners or other inhabi-
tants of a particular parish or district may, in some places, have a right by
particular custom to glean on lands within that parish or district at proper
times, and under proper restrictions; but that custom, like all others against
common law right, must be clear and undisputed. Such a custom could
not extend to non-parishioners or inhabitants of the parish or district.

R. v. Price, 4 Burr. 1925, on a motion for an information against a justice of the peace for a misdemeanor in oppressively committing some poor inhabitants of the parish of C. for felony in gleaning in a field belonging to a farmer of that place, (which they insisted they had a right to do by law, and by the usage and custom of that parish); oath was made by the farmer before the justice, that these people had stolen his barley in the straw, and he now swore that he had forbidden them, and yet they took it by handfulls, and that he had suffered the loss of about twenty bushels of barley by their carrying it off two days together. Per curiam—“We are of opinion, that the justice, in this case, so far from acting with any design of oppression or malice, or any bad intention, has behaved with lenity, and it would be very wrong to punish a justice by the extraordinary method of an information, when he has acted fairly and impartially; therefore, we discharge the rule with costs, as stealing under the colour of leasing or gleaning is not to be justified—there was no contest between the farmer and the poor about leasing; his only objection and his forbidding is confined to the stealing of it. As to the right of gleaning, it will be time enough to determine that point when it comes directly in question; but here the farmer had not abandoned his corn, and he has sworn that they stole it."

Globes.

[34 Geo. III. c. 10; 25 Geo. III. c. 55; 36 Geo. III. c. 80; 6 Geo. IV. c. 105.]

By stat. 34 Geo. III. c. 10, s. 1, the duty on gloves and mittens imposed Duty on gloves,

by stat. 25 Geo. III. c. 55, is repealed, except the duty on licences; and, &c., repealed. by stat. 36 Geo. III. c. 80, s. 1, the said duty on licences is also repealed.

By 6 Geo. IV. c. 105, the 6 Geo. III. c. 19, prohibiting the importation 6 Geo. 4, c. 105

of gloves, &c., is repealed.

As to silk gloves, see Zilk, Vol. V.

Good Behaviour. See Surety, Vol. V.

Goods, how Described in Indictment, see Indictment, Vol. III. p. 348; how described in a Conviction, see Conviction, Vol. I. p. 825.

VOL. II.

Ꮓ Ꮓ Ꮓ

Gorze, Setting Fire to, see Burning, Vol. I.

p.

541.

Grain. See Corn, Vol. I.;-As to Assaults to obstruct Selling of, see Assault, Vol. I. p. 282.

Grand Jurors. See Jurors, Vol. III. p. 403.

Grand Larceny. See Larceny, Vol. III. 513.

p.

Greenwich Pensioners, Personating, &c., of, see Military Law,
Vol. III. p. 790.

Grouse. See ante, p. 940, 942.

Guns, as to the Right to Keep or Use, see ante, p. 898, 899;
-as to Setting Spring Guns, see ante, p. 951, and title
Spring Guns, Vol. V.;-as to the Manufacture of, see
Fire Arms, ante;-as to the Importation, &c. of, into
Ireland, see Gunpowder, infra.

Erecting powder mills near a town, a nuisance.

16 Car. 1, c. 21. Who may make gunpowder.

Gunpowder (a).

[16 Car. II. c. 21; 1 Jac. II. c. 8; 12 Geo. III. c. 61; 46 Geo. III. c. 121; 54 Ges
III. c. 152, c. 159; 1 Wm. IV. c. 44.]

IT
seemeth, that erecting powder mills, or keeping powder magazines
near a town is a nuisance by the common law; for which an indictment or
information will lie. In R. v. Williams, Easter, 12 Wm., there was an in-
dictment against Roger Williams, for keeping four hundred barrels of pow-
der near the town of Bradford, and he was convicted accordingly. And
in R. v. Taylor, Trinity, 15 Geo. II., 2 Str. 1167, the Court granted an in-
formation against the defendant as for a nuisance, on affidavits of his keep-
ing great quantities of gunpowder near Maldon in Surry, to the endanger-
ing of the church and houses where he lived. (Or rather it should have
been expressed to the endangering of the lives of his Majesty's subjects).
See tit. Nuisance, Vol. III. p. 911, 912.

By stat. 16 Car. I. c. 21, (passed in 1640, being the last statute of force in that King's reign), all subjects may take and sell gunpowder, and bring into the kingdom saltpetre, brimstone, or any other material for the making of it.

(a) See 2 Chit. Commercial Law, 337. As to Fireworks, see tit. Fireworks,

ante.

GUNPOWDER.

And, by a statute made in the first year of the reign of King James the Second (which is also somewhat remarkable), it is enacted-"That if any 1 Jac. 2, c.8. person shall obtain a grant for the sole making or importing of gunpowder, he shall incur a præmunire."

By stat. 12 Geo. III. c. 61, s. 1, (which reduces into one and repeals all former acts relating to the making, keeping, and carrying of gunpowder), no person shall use, or cause to be used, any mill or other engine for making gunpowder in any place, except in mills and other places where the manufacture of gunpowder shall be actually carrying on at the time of the commencement of this act, or where it shall afterwards become lawful to carry on such manufacture by licence for that purpose as hereinafter directed; on pain of forfeiting all gunpowder manufactured otherwise, and 2s. for each pound thereof.

Sect. 2. No person shall, for the making of gunpowder, use any mill or engine worked with a pestle, commonly called a pestle mill; on pain of forfeiting all gunpowder manufactured therein, and 2s. for each pound. Sect. 3. No person shall, in any mill or engine, make, at any one time, under any single pair of millstones, any quantity of gunpowder, or materi. als to be made into gunpowder, exceeding forty pounds; on pain of forfeiting all above forty pounds, and also 2s. for each pound.

12 Geo. 3, c. 61.
In what places
gunpowder may be
made.

No pestle mill

shall be used in

making.

What quantity shall be made at

one time.

Exception of Bat

Sect. 5. Provided, that nothing in this act shall extend to the powder mills now erected in the parishes of Battle, Crowhurst, Saddlecomb, and the powder. Brede, in the county of Sussex, so far as relates to the making of such fine fowling gunpowder only, as is known by the name of Battle powder. Sect. 6. No person shall dry, or cause, &c., at any one time in any one stove or place, used for the drying of gunpowder, any quantity exceeding forty hundred weight; on pain of forfeiting all above that weight, and 2s. for each pound.

Sect. 7. No person shall keep in any corning-house, drying-house, dusting-house, or other place used in making gunpowder, or in any building adjoining or belonging thereto, (except magazines or storehouses constructed with stone or brick, and situate fifty yards at least from the gunpowder mill), any greater quantity of gunpowder than shall be necessary for the immediate work then carrying on in such house or other place; on pain of forfeiting all the gunpowder above such necessary quantity, and 2s. for each pound.

Sect. 8. Every person and persons keeping or using any mill or other engine for making gunpowder, shall, besides the magazines or storehouses near their mills, have a good and sufficient magazine remote from their respective mills, for the purpose of receiving and safe keeping all the gunpowder made at such mills, as soon as the same can from time to time be conveniently removed thereto, (which last-mentioned magazine shall be built with brick or stone near the river Thames, and below Blackwall, or in some other convenient place to be licensed by the justices as hereinafter mentioned), on pain of forfeiting 251. for every month during which he shall make gunpowder without having such magazine, and 5. for every day during which he (not being hindered by stress of weather, or other just impediment), shall wilfully neglect or delay removing, with due diligence, the gunpowder made at such mill from thence, or from the magazine or storehouse adjoining thereto, to the magazine so to be situate remote from the mill.

Séct. 10. Every such maker who shall keep, or permit to be kept, any charcoal within twenty yards of any mill or other engine for making gunpowder, or of any drying, corning, or dusting-house, or magazine, or storehouse thereto belonging, shall forfeit 5l. for every week during which it shall be so kept.

Sect. 11. No person, being a dealer in gunpowder, shall keep at any one time more than two hundred pounds of gunpowder, and not being such, more than fifty pounds, in any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other building or place occupied by him,

What quantity shall be dried at

one time.

What quantity

shall be kept in or near the place of

making.

Magazines to be kept remote from

the mill.

Charcoal not to be

kept near the mill.

With permits gunpowder may be kept.

What quantities

may be kept.

« EelmineJätka »