5 G. 4. c. 18. without a previous warrant of distress, the justice may commit offender Justices empowered to commit to prison without issuing warrant of distress in certain cases. Consent of party. By appeal. By habeas corpus. By certiorari. jurisdiction of such justice or justices, magistrate or magistrates, sufficient whereon to levy all such penalties and forfeitures, costs and charges, such justice or justices, magistrate or magistrates, may, at his or their discretion, without issuing any warrant of distress, commit the offender or offenders for such period of time, and in such and like manner, as if a warrant of distress had been issued, and a nulla bona returned thereon." By § 4., after reciting "Whereas cases may occur where the recovery of such penalty or forfeiture by distress and sale of the goods and chattels of the offender or offenders may appear to the justice or justices of the peace, or magistrate or magistrates for any county, riding, soke, city, division, or place, to be attended with consequences ruinous, or in an especial manner injurious to the offender or offenders and their family or families:" it is enacted, "that the justice or justices, and magistrate or magistrates aforesaid, shall be empowered, and they are hereby authorized, in all cases and upon all such occasions as to them shall seem fit, and where such consequences are likely to arise, to cause to be withheld the issue of any warrant or warrants of distress, and to commit the offender or offenders aforesaid immediately after conviction, and in default of payment of the penalty or forfeiture, with costs and charges, to the common gaol or house of correction, for such time and in such manner as are in such acts respectively mentioned and directed: Provided always, that it be by the desire or with the consent in writing of the party or parties upon whose property the penalty or forfeiture is to be levied." [As to the form of the commitment and other matters connected with this subject, see tit. Commitment.] II. (3.) Df resisting Convictions, Those statutes which give a power of appeal to the party convicted, frequently also provide, that, upon the appeal, and security given for prosecuting it, the distress shall be stayed till the determination of the appeal. In such cases, after the appeal is decided, if the time limited for making the distress be expired, the magistrate may, it seems, issue his warrant immediately, without any fresh demand; for the time runs from the order. But if the warrant has been issued before, and suspended by the appeal, it is better, after the decision of the appeal, to apply to the magistrate, and lay the facts before him, before proceeding to the execution of the warrant. Paley, Conv. 176. [For the general law relating to this subject, see tit. Appeal.] If there be any fault or illegality in the commitment alone, the defendant may obtain his discharge by suing out a writ of habeas corpus, which may be granted by any of the superior courts of Westminster in term time, or by a judge of any of those courts in vacation, directed to the gaoler, &c. in whose custody the defendant is detained. (See further on this subject, tit. Habeas Corpus.) But if the defect be not on the face of the commitment, but in the conviction, the defendant, besides a writ of habeas corpus to bring up the warrant, must likewise sue out a certiorari directed to the convicting magistrate, or to the sessions, if the conviction has been filed there, to return the conviction to the court above. Paley, Conv. 211. No writ of error lies on summary convictions, and therefore the writ of certiorari is the only mode by which a revision of these proceedings by the superior courts can be obtained, and is consequently the only mode to be adopted where the defendant is not in custody, but wishes to obtain an examination of the conviction by the superior court. Paley, Conv. 212. [For the general law on this subject, see tit. Certiorari.] By the common law, the regularity of the proceedings under a summary jurisdiction may be questioned in a collateral action. Paley, Conv. 239. [The qualifications of this rule, and the extent to which a subsisting conviction protects the magistrate, will be considered under tit. Justice.] By action against convicting magistrate. Cordage for Shipping; and Stores of War. I. Cordage for Shipping. [25 G. 3. c. 56.] II. Stores of War. I. Cordage for Shipping. BY stat. 25 G. 3. c. 56. § 2., no person, after 25th July 1785, shall use, in the making of cables, hawsers, or other ropes for the use of shipping, or knowingly sell the same, in the manufacturing whereof there shall be used any hemp, usually known by the names of short chucking, half clean, whale line, or other toppings, cordilla, damaged hemp bought at a public or other sales, or any hemp from which the staple part thereof shall have been taken away by the manufacturer; on pain of forfeiting (if he be the manufacturer thereof) such cable, hawser, or other rope, and treble the value thereof; and the vendor thereof, knowingly (and not being the manufacturer), shall forfeit treble the value thereof. 25 G. 3. c. 56. Short chucking, &c. not to be used in making cordage for shipping. §3, 4. For better distinguishing the quality of such cables, &c. Cordage to be whenever the same shall be manufactured in whole or in part of distinguished as any hemp, the use whereof is not prohibited by this act, and the staple and inquality whereof shall be inferior to clean Petersburgh hemp, the ferior. same shall be deemed inferior cordage, and the maker shall distinguish the same by running from end to end of each cable three tarred mark yarns, spun with turn contrary to that of rope yarn, and also one like-tarred yarn in every other rope for the use of shipping; and shall mark or write on a tally to be affixed thereon the word staple or inferior (as the case shall be), and also his name affixed. And maker's name to be 25 G. 3. c. 56. Penalty on putting a false name on cordage. Penalty on making cables of old stuff. Penalties how to be recovered and applied. Appeal. Proceedings not to be quashed, nor distress deemed unlawful, for want of form. signed by himself or his attorney, together with the name of the place where manufactured; and in default thereof every such manufacturer shall for every offence forfeit 10s. for every hundredweight. $5. And if any rope-maker shall wilfully or knowingly permit or suffer his name to be put as aforesaid on the tally of any cable, &c. not being of his own proper manufacturing; or if the vender or proprietor of any such cable, &c. or any other person whomsoever, wilfully and knowingly mark upon the tally affixed thereon the name of any person, not being the manufacturer thereof, he shall forfeit 201. § 6. And if any person shall make any cables of any old or worn stuff, which shall contain above seven inches in compass, he shall forfeit four times the value thereof. [§ 8., respecting the importation of cordage, was repealed by stat. 6 G. 4. c. 105.] §7. All pecuniary penalties or forfeitures by this act imposed exceeding 51. are to be recovered in the courts of Westminster; if not exceeding 51. the same may be levied by distress, by one justice, on the oaths of two witnesses; and if sufficient distress cannot be found, such justice shall commit the offender to the common gaol or house of correction for any time not exceeding_three_calendar months, nor less than seven days, or until such penalty and all costs and charges attending the same shall be paid. And all such penalties and forfeitures, and also all cordage which shall be forfeited, shall be paid and delivered to the person who shall sue, who may sell or otherwise dispose of such cordage (after being cut into lengths not exceeding twelve feet) to his own use. $11. If any person shall think himself aggrieved by any thing done in pursuance of this act, and for which no particular method of relief is appointed, he may, within four months after such matter done, appeal to the sessions, giving fourteen days' notice, in writing, of his intention to appeal, and the matter thereof, to the person appealed against, and within four days after giving such notice entering into recognizance before some justice for the county, city, or place, with two sureties, to try such appeal, and abide the order, and pay such costs as shall be awarded at such sessions; and on due proof of such notice, the justices at such sessions shall hear and finally determine such appeal, and award such costs as they shall think proper. § 12. And no order, verdict, judgment or other proceeding shall be quashed for want of form only, or be removed by certiorari, &c. &c. II. Stores of War. [See tit. Stores, Vol. V.] II. Cutting Corn growing, or burning Stacks of Corn. [9 G. 4. c. 60.] IV. Obstructing the free Passage of Corn. [9 G. 4. c. 31.] I. The Measure of Corn.— Corn Rents. TO buy or sell corn in the sheaf, before it is threshed and measured, is against the common law of England; because by such sale the market is in effect forestalled. Hadham's case, 3 Inst. 197. [For the remainder of this subject, see tit. Weights and Measures, Vol. V.] II. Cutting Corn growing, or burning Stacks of [See Vol. III. (Criminal Law), p. 110.112. 552.] III. Ascertaining the Price of Grain, for regulating the Importation and Exportation. [The stat. 1 & 2 G. 4. c. 87. was repealed by stat. 7 & 8 G. 4. c. 58., which latter statute was itself repealed by the act now in force, 9 G. 4. c. 60.] Buying corn in the sheaf without measuring. Stat. 9 G. 4. c. 60., intituled An act to amend the laws relating to the importation of corn. § 1. " Reciting an act passed in the fifty-fifth year of the reign of his late majesty king George the third, intituled An act to amend the laws now in force for regulating 55 G. 3. c. 26. the importation of corn: And reciting an act passed in the third year of the reign of his present majesty, intituled An act to 3 G. 4. c. 60. amend the laws relating to the importation of corn: And reciting a certain act passed in the seventh and eighth years of his ma jesty's reign, intituled An act to make provision for ascertaining from 7 & 8 G.4. c.58. time to time the average prices of British corn: And reciting that it is expedient that the said acts should be repealed, and that new provisions should be made in lieu thereof; enacts that the said acts shall be and the same are hereby repealed: Provided Recited acts nevertheless, that all acts or parts of acts, which by virtue of the repealed. above recited acts, or either of them, were repealed, shall still be deemed and taken to be and remain repealed: Provided also, that all actions, suits, and prosecutions, now depending or hereafter to be brought for or by reason of any breach or non-performance of 9 G. 4. c. 60. So much of 6 G. 4. c. 111. as imposes duties on buck wheat and In dian corn, repealed. Foreign corn may be im. ported on payment of the in the table to this act. Regulations to be observed upon shipping corn from any British possession out of Europe. any of the provisions of the said acts, or for the recovery of any duties or sums of money payable under and by virtue of the same, shall and may be proceeded with, as fully and effectually, to all intents and purposes, as if this present act had not been made." § 2. "And reciting an act passed in the sixth year of his majesty's reign, intituled An act for granting duties of customs, whereby certain duties were imposed on the importation of buck wheat and Indian corn; and it is expedient that the said duties should be repealed; enacts that so much of the said act passed in the sixth year of his majesty's reign, as imposes duties on the importation of buck wheat and Indian corn, shall be and the same is hereby repealed." §3. And reciting that it is expedient that corn, grain, meal, and flour, the growth, produce, and manufacture of any foreign country, or of any British possession out of Europe, should be allowed to be imported into the U. K. for consumption, upon the payment of duduties specified ties to be regulated from time to time according to the average price of British corn made up and published in manner hereinafter required; enacts, that there shall be levied and paid to H. M., upon all corn, grain, meal, or flour entered for home consumption in the U. K. from parts beyond the seas, the several duties specified and set forth in the table annexed to this act; and that the said duties shall be raised, levied, collected, and paid in such and the same manner in all respects as the several duties of customs mentioned and enumerated in the table of duties of customs inwards annexed to the said act passed in the sixth year of the reign of H. M., and by virtue and in pursuance of the several powers and provisions in that act contained, and not otherwise." § 4. "Provided always, that no corn, grain, meal, or flour shall be shipped from any port in any British possession out of Europe, as being the produce of any such possession, until the owner or proprietor or shipper thereof shall have made and subscribed, before the collector or other chief officer of customs at the port of shipment, a declaration in writing, specifying the quantity of each sort of such corn, grain, meal, or flour, and that the same was the produce of some British possession out of Europe to be named in such declaration, nor until such owner or proprietor or shipper shall have obtained from the collector or other chief officer of the customs at the said port a certificate, under his signature, of the quantity of corn, grain, meal, or flour so declared to be shipped; and before any corn, grain, meal, or flour shall be entered at any port or place in the U. K., as being the produce of any British possession out of Europe, the master of the ship importing the same shall produce and deliver to the collector or other chief officer of customs of the port or place of importation a copy of such declaration, certified to be a true and accurate copy thereof, under the hand of the collector and other chief officer of customs at the port of shipment before whom the same was made, together with the certificate, signed by the said collector or other chief officer of customs, of the quantity of corn so declared to be shipped; and such master shall also make and subscribe, before the collector or other chief officer of customs at the port or place of importation, a declaration in writing, that the several quantities of corn, grain, meal, or flour on board such ship, and proposed to be entered under the authority of such declaration, are the same that were mentioned Regulations as to corn entered for importation. |