said summons, contrary to an act of parliament passed in the fiftieth year of the reign of his late majesty king George the third, intituled "An Act for placing the duties of hawkers and pedlars under the management of the commissioners of hackney coaches," whereby and by force of the said statute, the said W. T., for his said neglect and refusal to appear and give such testimony, [or as the fact is,] has forfeited the sum of ten pounds, to be distributed as the law directs. And whereas the said W. T. having had notice of the said conviction, has refused and neglected to pay, and has not paid the said sum pursuant to the said conviction: These are therefore, in his majesty's name to will and require you to levy the said sum of ten pounds by distress and sale of the goods and chattels of him the said W. T., and if within the space of four days next after such distress by you taken, the said sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained; and out of the money arising by such sale that you do pay one moiety thereof to E. F. of T., my clerk, * for the use of our sovereign lord the king, and the other moiety thereof to the said A. B., who informed me of the said offencet, according to the directions of the statute in that case made and provided, returning to him the said W. T. the overplus (if any) on demand, the the reasonable charges of taking, keeping, and selling the said distress being first deducted. Given under my hand and seal the day of in the year of our Lord one thousand eight hundred and No. 27. General Form of Conviction prescribed by the stat. 29 Geo. 3. c. 26. s. 11. and 50 Geo. 3. c. 41. s. 28. County of of at Be it remembered, that on the day in the year of our Lord in the county of A. B. to wit. came before me W. R., one of his majesty's justices of the * The magistrate is to receive half the penalty for the king. 50 Geo. 3. c. 41. s. 30. See note p. 9, ante. + If the witness" appearing" refuses to be examined on oath, and give evidence before the justice or justices of the peace before whom the prosecution shall be pending, and the conviction takes place in consequence, the whole forfeiture then must be paid to the king, since there is no such informer as is entitled to a portion. peace for the said county, residing near the place where the offence hereinafter mentioned was committed, and informed me that E. F., of in the said county of [set forth the fact for which the information is laid,] whereupon the said E. F. being duly summoned to answer the said charge, appeared before me, and having heard the charge contained in the said information, acknowledged and voluntarily confessed the facts therein stated to be true, but in his defence alleged [setting forth the substance of the defence,] [or voluntarily confessed the said charge to be true, or did not make any defence against the said charge,] whereupon the same was fully proved on the oath of G. H. a credible witness, [or, said that he was not guilty of the said offence, whereupon the same was fully proved on the oath of G. H. a credible witness, or as it may be,] [or did not appear before me pursuant to the said summons, but the said charge was fully proved on the oath of G. H. a credible witness, or as the case shall be,] and therefore it manifestly appearing to me, that the said E. F. is guilty of the offence charged in the said information, I do hereby convict him of the said offence, and do adjudge that he hath forfeited the sum of [or, his licence and the sum of ] of lawful money of Great Britain, to be distributed as the law directs, according to the form of the statute in such case made and provided. Given under my hand and seal the No. 28. Conviction of a hawker having a licence, but without having his name marked on his pack. Middlesex to wit. } of Be it remembered, that on the day in the year of our Lord one thousand eight hundred and two, at in the county of A. B. came before me W. R. esquire, one of his majesty's justices of the peace for the said county, residing near the place where the offence hereinafter was committed, and in formed me that C. D. of aforesaid, in the said county of yeoman, on the said day of in the year aforesaid, at aforesaid, in the county aforesaid, being a person to whom a licence had been granted to exercise the trade of a hawker, pedlar, and petty chapman, under and by virtue of the statute in that case made and provided, and there and then trading with and under colour of such licence, did not cause to be written, painted, or printed, in large, legible Roman capitals, upon the most conspicuous part of a certain pack, in which he the said C. D. did then and there carry certain goods, wares, and merchandizes, that is to say, divers articles of artificial jewellery, the words Licensed Hawker,' together with the number, name, or other mark of distinction, written or painted upon his dicence, and did make default therein, contrary to the statute: whereupon the said C. D. being duly summoned to answer the said charge, appeared before me, and having heard the said charge contained in the said information, in his defence alleged that he was ignorant of the provisions of the said statute, and said that he was not guilty of the said offence, whereupon the same was fully proved on the oath of W. T., a credible witness, and therefore it manifestly appears to me, that the said C. D. is guilty of the offence charged in the said information, I do hereby convict him of the said offence, and do adjudge that he hath forfeited the sum of ten pounds of lawful money of Great Britain, to be distributed as the law directs, according to the form of the statute in such case made and provided. Given under my hand and seal, on the day and year first above written. No. 29. Conviction* for hawking without a licence. (Commence and conclude as in the foregoing conviction.) day of in Being a hawker, pedlar, and petty chapman, going from town to town, and to other men's houses, travelling on foot in England, carrying to sell, and exposing to sale, divers goods, wares, and merchandizes, did then and there, to wit, on the said in the year aforesaid, at the county aforesaid, trade as aforesaid, by carrying to sell and exposing to sale divers articles of artificial jewellery, without such licence as is required by the statute in that case made and provided, to exercise the trade of a hawker, pedlar, and petty chapman, contrary to the statute, &c. year of the reign in the said of our sovereign lord George the fourth, &c. at county of one A. B. cometh in his own proper person before me W. R. esquire, one of the justices of our said lord the king, assigned &c. in and for the said county of and giveth me the said justice to understand and be informed, that one C. D. after the twenty-fourth day of June, in the year of * See Rex v. Aiken, 3 Burr. 1785. aforesaid, at our Lord one thousand six hundred and ninety-eight, [that is to say] on the day of in the fifth year aforesaid, [the day of laying the information] was a hawker and pedlar, and did go and travel from town to town with horses, and to other men's houses, within the kingdom of England, carrying to sell and exposing to sale goods, wares, and merchandizes, to wit, linen handkerchiefs and other linens, of which the said C. D. was not the real worker and maker, nor the child, apprentice, agent, or servant, of the real worker or maker thereof; and that the said C. D. being a hawker and pedlar, and travelling from town to town, and to other men's houses as aforesaid, and carrying to sell and exposing to sale such goods, wares, and merchandizes as aforesaid, on the day of in the aforesaid, in the county aforesaid; did carry to the parish of to sell, and expose the same at aforesaid, several goods, wares, and merchandizes, that is to say, linen handkerchiefs and other linens, and was there and then found so trading as aforesaid, without any licence so to do, contrary to the form of the statute, &c. he the said C. D. not being then in any public mart, market, or fair, nor being the real worker or maker of the said goods, wares, and merchandizes, or of any part thereof, nor the child, apprentice, agent, or servant of the real worker or maker thereof; and the said A. B. prays that the said C. D. may be convicted of the offence aforesaid, according to the form of the statute in such case made and provided. Whereupon afterwards on the day of in the fifth year aforesaid, [the day the defendant appears] the said C. D. comes before me the said justice at aforesaid, in the county aforesaid, in order to answer the said charge contained in the said information, and having heard the same, he the said C. D. is asked by me the said justice if he can say any thing why he should not be convicted of the premises above charged upon him in form aforesaid; and therefore the said C. D. saith he is not guilty of the said offence, but doth not shew me any sufficient cause why he should not be convicted of the offence aforesaid. And afterwards, to wit, on the said day of in the fifth year aforesaid, G. W. a credible witness in his behalf cometh before me the said justice at aforesaid, in the county aforesaid, and on his corporal oath upon the holy evangelists of God now administered by me the said justice, I the said justice having competent authority to administer the said oath to the said G. W. in that behalf, he the said G. W. deposeth and saith, that the said C. D. after the twenty-fourth day of June, in the year of our Lord one thousand six hundred and ninety-eight, [follow the information exactly, negativing all the exemptions as is there done.] Whereupon all and singular the premises being seen and fully understood by me the said justice, and mature deliberation being thereupon had, it manifestly appears to me the said justice, that the said C. D. is guilty of the premises above charged upon him in the said informations. It is therefore adjudged by me the said justice, that the said C. D. be convicted, and he is hereby convicted by me the said justice, of the premises aforesaid, and I do award and adjudge, that the said C. D. hath for his said offence forfeited the sum of 121. of lawful, &c.; one moiety thereof to the said A. B. the informer aforesaid, and the other moiety to the poor of the parish of aforesaid, wherein the said C. D. was found trading in manner aforesaid, according to the form of the statute in such case made and provided. In witness whereof I the said W. R. the justice aforesaid, to this record of conviction have set my hand and seal, the said one thousand eight hundred and day of No. 31. Conviction of a Pedlar for selling Goods without a Licence, contrary to the 8 & 9 W. 3. c. 27. s. 3; and 29 Geo. 3.* c. 26. s. 11. (see 50 Geo. 3. c. 41.) After the words "and informed me (in the statutable Form, No. 27. p. 29. ante) that E. F. of in the said county of (then go on thus)· on the day of E. F. was a hawker, pedlar, and petty chapman and a trading person, going and travelling from town to town, and to other men's houses, within that part of the united kingdom called England, carrying to sell, without any licence so to do, divers goods, wares, and merchandizes, that is to say, certain woollen cloths, of which the said E. F. was not the real worker or maker, or the child, apprentice, agent, or servant to the real worker or maker thereof; and the said E. F. being a hawker, *This act (sec. 26.) gives a general form of conviction, but a blank is left for the description of the offence laid in the Information, which therefore must include every material averment; the form (No. 31.) of stating the offence, taken from a conviction on the statute 8 & 9 W. 3. s. 3. the provisions of which are revived by the 29 Geo. 3. c. 26. s. 2. will still be of use in cases where the facts correspond, in supplying what is left to be filled up by the statutable form. |