3 & 4 Will. 4, c. 90, s. 55. Id. s. 56. Id. Id. s. 40. 14 & 15 Vict. c. 28, s. 14. 2. Extinguishing Light of Lamp]-did wilfully extinguish the light of a certain lamp then and there being and then put up and fixed by, &c. [conclude as form No. 1.] 3. General Forms to be used in enforcing the Convictions, No. 39, ante, p. 39, or No. 40, ante, p. 39, for the above described offences, as the case may be]; Commitment No. 52, ante, p. 48, where penalty not recovered by distress, and where so recovered by the Distress Warrant, &c. No. 53-58, ante, p. 48-51. 4. Complaint of Clerk of Inspectors for Recovery of Damages from Person carelessly breaking Lamps, &c.]— Proceed in the General Form of Information No. 1, ante, p. 23, and then that on the day of 5. Summons thereon. - This will be in the General Form No. 8, ante, p. 26, reciting the complaint No. 4, supra. 6. Award or Order for Payment of Amount of Damage.]-This will be in the General Form No. 44, ante, p. 42, enforced by the Distress Warrant, &c. No. 66-71, ante, p. 56-58. 7. Watchmen, &c. refusing to deliver up Clothing on Resignation or Removal]-theretofore being a watchman [or as the case may be] for the said parish of -, and duly appointed under the act of the third and fourth years of his late Majesty King William the Fourth, chapter ninety, did resign [or was then and there removed from] his said office of watchman [or as the case may be], and did neglect [or refuse], and doth still neglect [or refuse] to return to the said inspectors certain clothing [or arms, ammunition, or weapons], provided for his use as such watchman, the property of the said inspectors, to wit - [here describe the articles], contrary to the form of the same statute. 8. General Forms to be used in enforcing the Conviction, No. 39, ante, p. 39, for the last described Offence]; Distress Warrant, &c., No. 53--58, ante, p. 48-51. Vide further tit. "Constables," ante, p. 102, and in Part III. tit. "Constables (under Lighting and Watching Act)," post. LODGING HOUSES (COMMON). 1. Keeper Offending against Provisions of Act (s. 14)]-being then the keeper of a common lodging house [or having, or acting in the care and management of a common lodging house] there situate,* did unlawfully receive in his said house certain lodgers, to wit, five persons [named], the said house not having been inspected and approved for that purpose, and not having been registered as provided by the statute in that behalf, although due notice to the said A. B. had been given for one calendar month previous thereto to register his said 14 & 15 Vict. house, as by the said statute provided (s. 8), [or to the asterisk* (s. 11), and then having one E. F. in his said house ill of fever [or of a certain infectious, or contagious, disease, to wit, -] did not give immediate notice thereof to the inspector of common lodging houses [or as the case may be], and also to the poor law medical officer and the poor relieving officer of the N. Union, within which the said house stands], [or to the asterisk* (s. 12), did not when then and there required by one E. F., the inspector of common lodging houses [or as the case may be], give him free access to his said house [or part, to wit, of his said house], [or to the asterisk* (s. 13), did not well and sufficiently, and to the satisfaction of the inspector of common lodging houses [or as the case may be], limewash the walls and ceilings thereof in the first week of the said month of April [October] now [instant]], [and in such offence for the space of, to wit, contrary, &c. days, did continue], c. 28. 2. Keeper not giving Notice of Person confined to Bed by Fever, Id. s. 14. &c. for Forty-eight Hours.]-Proceed to the asterisk in form No. 1, and then: and then having one E. F. in his said house, and who had then been confined to his bed for [more than] forty-eight hours by fever [or by a certain infectious, or contagious, disease, called -] without the said A. B. having given notice thereof, as required by the statute in that behalf, to the inspector of common lodging houses [or as the case may be], and to the poor law medical officer and the poor law relieving officer of the N. Union, within which the said house stands [and in such offence for the space of, to wit, days, did continue], contrary, &c. 3. Offending against Regulations]-did unlawfully [here state the Id. act done or omitted to be done], contrary to the regulation No. - in that behalf duly made by [her Majesty's justices of the peace for the county of, acting in petty sessions for the division of in the same county, or the commissioners of police of the metropolis, or the local board of health for the district of or by the council of the said borough, or by the commissioners for executing an act &c., as the case may be, in pursuance of "The Common Lodging Houses Act, 1851," and which said regulation was duly confirmed by one of her Majesty's principal secretaries of state, and at the time of the commission of the said offence was and still is in force, [and in such offence for the space of, to wit, days, did continue], contrary, &c. 4. The Conviction for the above described offences will be in the Id. General Form No. 39, ante, p. 39, with this variation, for offences continuing over one day, in the adjudication, viz., "to forfeit and pay the sum of for every day the said offence continued as aforesaid, making in the whole for the said days the sum of paid and applied, &c." The conviction will be enforced by the General Forms of Distress Warrant, &c. No. 53-58, ante, p. 48-51. to be 5. Conviction for Third Offence against Act.]- This will be in the 16 & 17 Vict. General Form No. 39, ante, p. 39, with the averments of the two pre- c. 41, s. 12. vious convictions, as in the form No. 43d, ante, p. 42, adding the dis qualification of the offender, as follows: "And we do further adjudge, that the said A. B. shall not at any time, within [five years] after the date hereof, keep or have or act in the care or management of a common lodging house without the previous licence in writing of the local authority in that behalf." 42 Geo. 3, c. 119, s. 2. LOTTERIES. 1. Keeping open a Place for a Lottery]-did unlawfully and publicly [or privately], at [or at number, in street], in the said parish of —, keep open, show and expose to be played and drawn [or thrown], at and in a certain place there called the, by dice [or lots, cards, balls, numbers, or tigures, or a certain contrivance, or device, to wit, -1, a certain illegal game and lottery called a littlego [or called -], being a lottery not authorized by parliament, to wit, a lottery of and for an estate called the Hallow Field Terrace Estate [or as the case may be], contrary, &c. 2. The Conviction for the Offence will be in the General Form No. 41, ante, p. 39, describing the defendant as being convicted before the justice "of being a rogue and vagabond within the intent and meaning of the statute in that case made and provided, for that, &c." The Commitment will be No. 48, ante, p. 44; and for the Costs, Distress Warrant, &c., No. 49-51, ante, pp. 45, 46. 7 & 8 Geo. 4, c. 30, s. 20. Id. s. 21. I. TO TREES, PLANTS, FENCES, &c. 1. Damaging Trees, Shrubs, &c., to amount of 1s.]—did unlawfully and maliciously cut [or break, bark or root up,] [or destroy, or damage] certain trees] or part of a certain ash tree, or sapling, shrub or underwood], to wit, three ash trees, the property of one [or the said] C. D., the complainant, then growing on certain land there situate [in the occupation] of the said C. D., and thereby then doing injury to the said C. D. to the amount of one shilling at the least, to wit, two shillings, contrary, &c. 2. Damaging Plants, Fruits, &c., in Gardens, &c.]-did unlawfully and maliciously destroy [or damage with intent then to destroy the same] certain plants [or roots, fruit, or vegetable production], to wit, ten 3. Damaging Roots, Plants, &c. growing elsewhere]-did unlaw- 7 & 8 Geo. 4, fully and maliciously destroy [or damage with intent then to destroy the same] certain cultivated roots [or plants] used for the food of man [or beast, or for medicine, or for distilling, or dyeing, or for or in the course of a certain manufacture, to wit], to wit, ten —, the property of one [or the said] C. D., then growing in certain open [or inclosed] land [in the occupation] of the said C. D. there situate, not being a garden, orchard or nursery-ground, and thereby then doing injury to the said C. D. to the amount of -, contrary, &c. c. 30, s. 22. 4. Damaging Fences, Stiles, Gates, &c.]-did unlawfully and ma- Id. s. 23. liciously cut [or break, or throw down] [or destroy] [a certain part of] a certain fence [or wall, stile, or gate] there, to wit, 5. PRACTICAL OBSERVATIONS. - The Convictions for the above described offences will be in the General Forms, No. 41, ante, p. 39, where imprisonment with or without whipping adjudged, and No. 40, ante, p. 39, where a penalty and sum for damage imposed. The necessary variations in conviction No. 41 will be as under tit. " Larceny," ante, p. 153. The necessary variations in Conviction No. 40 will be: Where for a second offence.]—Insert the averment of the previous conviction as shown in the General Form No. 43d, ante, p. 42. Where sum adjudged for damage in addition to penalty.]— Insert in the adjudication "to forfeit and pay the sum of over and above the amount of the injury so done to the said 6. The General Forms for enforcing the Convictions will be as stated under tit. "Larceny," ante, p. 153, No. 29. II. TO ANY OTHER PROPERTY. 7. Damaging any other Real or Personal Property]-did unlaw- Id. s. 24. fully and wilfully [or maliciously] commit damage, injury and spoil to and upon the glass of a certain window, the property of one (or the said] C. D., the complainant, there, [or upon certain personal [or real] property there, of a private [or upon certain grass and herbage laid for mowing, then and [or upon a certain fence or ditch, duly made and done for the under the 7 & 8 Geo. 4, c. 30. Id. s. 31. Id. s. 34. provisions of the statute in that case made and provided, by [or upon a certain allotment, set out by the valuer duly appointed thereby then and there doing injury to the said property to the amount the sum of 8. The Conviction for either of the offences described in the form No. 5, supra, will be in the General Form, No. 40, ante, p. 39, the only variation being to insert in the adjudication, "to forfeit and pay such sum appearing to me to be a reasonable compensation for the said damage, injury and spoil so committed as aforesaid, to be paid, &c." The form to be used in enforcing such conviction will be the Commitment No. 52, ante, p. 48. III. ACCESSORIES. 9. Aiding, Abetting, &c. Offenders.]-These offences may be described as in the General Forms No. 6 or 7, ante, p. 26. 10. Discharge of Offender from a first Conviction, and from Custody.]-These forms, where necessary, will be nearly the same as forms Nos. 26 and 27, tit. "Larceny," ante, p. 152. MANUFACTURES, &c. I. As to Artificers, Manufacturers, Miners, &c. II. As to Workmen in the Cotton, Fustian, Hat, Linen, Woollen, III. As to Workmen in the Cotton, Flax, Linen, Mohair, Silk or IV. Regulations as to Mines. I. AS TO ARTIFICERS, MANUFACTURERS, MINERS, &c. 1. Making illegal Contract under Truck Act]-then being the employer of one [or the said] C. D. [the complainant], an artificer employed in the manufacture [or trade, or occupation] of [as the case may be], did then and there [if by an agent, say, by the agency of one E. F., his servant or foreman]* enter into a certain illegal contract with the said C. D., to wit, that the wages [or part, to wit, two shillings a week of the wages, or as the case may be], to become payable in respect of such employment, from the said A. B. to (a) Some legal gentlemen, in preparing the form of statement of this offence, add here the following negative of the proviso to the section: ("the said damage neither having been done under a fair and reasonable supposition that the said A. B. had a right to do the same, nor having been a trespass (not being wilful and malicious) committed in hunting, fishing, or in pursuit of game.") |