9 & 10 Will. 3, c. 7, s. 2. Id. Id. s. 3. FIREWORKS. 1. Making or Selling] – did unlawfully make [or cause to be made, or give, sell, or offer to sale] unto one E. F. certain fireworks, to wit, ten squibs, [or certain cases, to wit, two cases [or moulds] for making serpents], contrary, &c. 2. Permitting Fireworks to be thrown from a House into the Street, &c.]-did unlawfully permit certain fireworks, to wit, ten squibs, to be cast, thrown and fired out of and from the dwelling-house of him the said A. B. there situate, into a certain public street [or highway, road, or passage] there, called -, contrary, &c. 3. General Forms to be used in enforcing the Conviction, No. 39, ante, p. 39, for the above Offences.]-Distress Warrant, &c., Nos. 53 -58, ante, p. 48-51. 4. Casting Fireworks into Street, &c.]-did throw, cast and fire certain fireworks, to wit, twenty rockets, into a certain public street [or house, shop, river, highway, road, or passage] there situate, called -, contrary, &c. 5. General Form for enforcing the Conviction for this Offence, No. 40, ante, p. 39.]-Commitment, No. 52, ante, p. 48. 58 Geo. 3, c. 43, 8. 3. 28 Geo. 3, c. 55, s. 1. FISHERIES. 1. Destroying Salmon, &c., with Lime, &c.]-did unlawfully pursue [or take, kill, or destroy] certain salmon [or salmon trout (11 & 12 Vict. c. 52, s. 2)], to wit, three salmon, then and there being in a certain river there situate [or there running between [or forming] the boundary of the said [county] of C. and the adjoining [county] of S.], contrary, &c. [or did unlawfully seek and endeavour to take [or kill or destroy, pursue, hurt, or injure certain salmon, &c.], to wit, three salmon, then and there being in [-], by then and there laying and using certain hot lime in the said river [or state the means as the case may be], contrary, &c. 2. General Forms to be used in enforcing the Conviction, No. 39, ante, p. 39.]-Distress Warrant, &c., No. 53-58, ante, p. 48-51. The variation in either of the forms, when a second conviction, will be as directed in the General Form, No. 43d, ante, p. 42. FRAMES. Not returning Frame after Notice] - then being a frame-work knitter, renting and taking to hire a stocking frame of [the said] C. D., [and if the fact, with a certain machine to be employed therewith, called-1 did then and there unlawfully refuse to yield up and re-deliver the said stocking-frame [with the said machine therewith let] to the said C. D., after fourteen days' previous notice for such purpose before then duly given, according to the statute in that behalf, although the said A. B. was then and there requested so to do by the said C. D., but hath therein made default, contrary, &c. The general forms to be used in enforcing the conviction, No. 40, ante, p. 39, will be Commitment, No. 52, ante, p. 48. GAME. I. Trespass in Search of Game. V. Selling without Certificate. VII. Offences by Licensed Dealers, &c. GENERAL OBSERVATIONS.-The Information for all of the offences (excepting offences Nos. 19, 20, Oke's "Synopsis," 4th ed. p. 188, forms Nos. 15 and 16, post) in the first eight divisions of this title may be drawn in the general form No. 3, ante, p. 25 (h), adding at the foot or indorsing on the back the Deposition of the witness to the offence, who is not now (since 14 & 15 Vict. c. 99) required to be, as formerly, by 6 & 7 Will. 4, c. 65, s. 9, another person than the informer, as follows: "And the said informant [or E. F. of &c.] being a credible witness in this behalf, does now here upon his oath duly depose and swear that the charge contained in the above information and now read to him is true and correct." The Summons would be in the general form No. 8, ante, p. 26, the only variation being to add after the usual recital of the information: "And whereas after the exhibiting of the said information, but before any proceeding had or taken thereupon, the matter and charge contained in the said information was duly deposed to before me, the said justice, upon the oath of the said informant [or E. F. of &c.], being a credible witness in that behalf." The warrant, where the summons is disobeyed, and also the warrant in the first instance (i), will also be the same as the general forms Nos. 10 and 11, ante, pp. 26, 27, placing the variation as directed for the (h) The published forms drawn by Mr. Greaves may still safely be used, although since Jervis's Act (11 & 12 Vict. c. 43) they are unnecessarily long, especially the Information; the statements, or mode of describing the offences, have in this collection, however, been taken generally from those forms, as they do not admit of abridgement. (i) Before the passing of Jervis's Act it was necessary, in order to authorize the issue of this warrant, for the witness to depose "that the party was likely to abscond" (1 & 2 Will. 4, c. 32, s. 41); but now only an oath, "substantiating the matter of such information," is necessary (see 11 & 12 Vict. c. 43, s. 2; Oke's "Synopsis," 4th ed. p. 64). 1 & 2 Will. 4, c. 32, s. 30. Id. Id. s. 31. Id. Id. summons, supra. The conviction, as well as the necessary forms to be used in enforcing them, are the same without exception as in the general forms in Jervis's Act, the description of the offence, as here shown, being all that is wanting, with names, dates and sums, to perfect them. The information for the offences under the ninth division (“Night Poaching") of this title, as well as for those described in forms Nos. 15 and 16, post, may be drawn in the general form No. 1, ante, p. 23, on oath, without any deposition, the statute 6 & 7 Will. 4, c. 65, s. 9, applying only to offences prosecuted under the 1 & 2 Will. 4, c. 32. The other forms will be the same as the general forms in Jervis's Act, with the exception of the special variations hereafter shown in particular cases. I. TRESPASS IN SEARCH OF GAME. 1. In Search or Pursuit alone]-did unlawfully commit a certain trespass by entering [or being] in the day time of the same day upon a certain piece of land in the possession and occupation of F. G. there, in search [or pursuit] of game [if known, say, to wit, a partridge, or woodcocks, snipes, quails, landrails and conies], there, without the licence or consent of the owner of the land so trespassed upon, or of any person having the right of killing the game upon such land, or of any other person having any right to authorize the said A. B. to enter or be upon the said land for the purpose aforesaid, contrary, &c. 2. The like, to the Number of Five or more]-did, together with other persons as yet unknown [or together with E. F., F. G., and other persons as yet unknown], to the number of five and more, unlawfully commit, &c. [follow as in form No. 1, supra, to the end]. 3. Trespasser refusing to tell his Name, &c.]—was found on a certain piece of land in the possession and occupation of F. G. there [or upon a certain forest [park, &c.,] belonging to her Majesty, called -] in the day-time of the same day, there in search [or pursuit] of game [or woodcocks, &c.] there, without due licence and authority for that purpose, and that the said A. B. was then and there required by the said F. G., then being the occupier of the said land, [or by G. H., being then the servant [or game-keeper] of the said F. G., then being the occupier of the said land], forthwith to quit the said land whereon he was so found, and also to tell his Christian name, surname and place of abode; and that the said A. B. did then and there, after being so required as aforesaid,* offend, by then and there refusing to tell his real name [or place of abode], contrary, &c. 4. Giving an illusory Description.]-Proceed to the asterisk* in form No. 3 above, then: offend, by then and there giving such a general description of his place of abode as was illusory for the purpose of discovery, to wit, that it was in London [or as the case may be], contrary, &c. 5. Continuing or returning upon the Land.]-Proceed to the asterisk in form No. 3, supra, then: offend, by then and there wilfully continuing for returning] upon the said land for a long space of time, to wit [half an hour], contrary, &c. 6. Trespassers found armed and using Violence]-together with 1 & 2 Will. 4, other persons as yet unknown [or together with E. F., F. G., and c. 32, s. 32. other persons as yet unknown], to the number of five and more, were found on a certain piece of land in the possession and occupation of F. G. there [or upon a certain forest [or park, &c.,] belonging to her Majesty, called -], in the day-time of the same day, there in search [or pursuit] of game [or woodcocks, &c.] there, without due licence and authority for that purpose, the said A. B. [or one of the said persons, to wit, E. F.] being then and there armed with a gun, and that the said A. B. [or one of the said several persons, to wit, E. F.] then and there, by violence [or intimidation or menace], to wit [describe the violence, &c.], did then and there prevent [or endeavour to prevent] the said C. D. [or one G. H., being then the servant of the said I. K.], the occupier of the said land [or as the case may be], from approaching the said A. B., and the said other persons, so then and there found as aforesaid, for the purpose of then and there requiring them to quit the said land whereon they were so found [or requiring them to tell their Christian names, surnames and places of abode respectively], contrary, &c. 7. Aiding or abetting in last described Offence.]-Proceed with Id. offence against the principal or principals as above, then describe the aiding as in the general form of information, No. 6, ante, p. 26. 8. In Search, or Pursuit, in her Majesty's Forests, &c.]-Pro- Id. s. 33. ceed to the asterisk* in the form No. 1, ante, p. 116, and then thus: forest [or park, chase or warren], there called in search [or pursuit of game there, without being duly authorized so to do, contrary, &c. [Vide No. 33, p. 122.] II. KILLING WITHOUT CERTIFICATE. 9. Killing or taking Game without Certificate]-did unlawfully Id. s. 23. kill [i. e. in the case of a hare, not being allowed to do so as occupier, &c. under the Killing Hares Act, 11 & 12 Vict. c. 29, s. 4] [or take] certain game, to wit, one partridge, he, the said A. B., not being then and there authorized so to do for want of a game certificate, contrary, &c. 10. Using a Dog, Snare, &c. to take Game]-did unlawfully use a Id. certain dog, to wit, a lurcher [not being a greyhound (see 11 & 12 Vict. c. 29, s. 4)], for the purpose of then and there searching for [or taking or killing] Lor a certain gun, for the purpose of then and there killing] or a certain engine or instrument, to wit, a snare, for the pur pose of then and there taking] game [if known, say, to wit, one hare], on certain land in the occupation of one E. F., there situate, he, the said A. B., not being then and there authorized so to do for want of a game certificate, contrary, &c. 11. Officers in the Army taking, &c. Game]-being then and there Annual Army an officer in her Majesty's army, did then and there unlawfully take Mutiny Act. [or kill, or destroy], certain game, to wit, one hare, without any leave in writing for so doing had or obtained from the person entitled to grant such leave, contrary, &c. 1 & 2 Will. 4, c. 32, s. 3. Id. s. 24. Id. 7 & 8 Geo. 4, c. 29, s. 30. Id. in 12. Laying Poison to kill Game]-did unlawfully put [or cause to be put] certain poison [or poisonous ingredients], to wit, certain open [or inclosed] ground there called where game then usually resorted, [or in a certain highway there called -], with intent thereby then and there to destroy [or injure] the said game, contrary, &c. 13. Taking Eggs, or destroying them in the Nest]-did unlawfully and wilfully take out of a certain nest, [or destroy in a certain nest], then being found upon certain land there called [or in the occupation of one E. F.] seven eggs of a certain bird of game, to wit, a partridge [&c. or eggs of a swan, wild duck, teal or widgeon], he, the said A. B., not having then and there the right to kill game upon the said land, and not having then and there permission so to do from any person having such right, contrary, &c. 14. Having Eggs in Possession]-did unlawfully and knowingly have in his house there situate [or shop, possession or control] seven eggs of a certain bird of game, to wit, a partridge, &c. [or eggs of a swan, wild duck, teal or widgeon], which had been theretofore wilfully taken out of a certain nest upon certain land there, called [or in the occupation of one E. F.], he, the said A. B., then and there well knowing the said eggs to have been so taken as aforesaid, and not having then and there permission so to do from any person having such right, contrary, &c. 14a. Directions for Convictions (No. 40, ante, p. 39) for Offences described in forms Nos. 13 and 14, supra.] – Add after the amount adjudged for the whole of the eggs: being after the rate of [five shillings] for every egg so taken [or destroyed, or had] by the said A. B. as aforesaid, to be paid, &c. 15. Killing or taking Hares or Conies in Warrens in the Day-time] - did unlawfully and wilfully in the day-time of the same day, to wit, about the hour of o'clock in the noon, take [or kill] certain hares [or conies], to wit, three hares [or conies], then and there found in a certain warren [or ground] of one E. F. there situate (not being any sea-bank or river-bank, in the county of Lincoln, so far as the sea extended, or within one furlong of such bank), and then lawfully used for the breeding [or keeping] of hares [or conies], contrary, &c. 16. Setting Snares for taking Hares, &c. in Warrens]-did unlawfully and wilfully set [or use] a certain snare [or engine], to wit, for the purpose of then and there taking hares [or conies] in a certain warren [or ground] of one E. F. there situate [&c. follow to the end of form No. 15, supra.] [Vide No. 33, p. 122.] 1 & 2 Will. 4, c. 32, s. 3. III. KILLING ON SUNDAY, &c. 17. Killing or taking Game on Sunday or Christmas Day]-being Sunday [or Christmas Day], did unlawfully kill [or take] certain game, to wit, one hare (not by coursing with a greyhound,11 & 12 Vict. c. 29, s. 4), contrary, &c. |