페이지 이미지
PDF
ePub

county, to find sufficient sureties; that is to say, two sureties in £20. each, for his personal appearance at the next sessions of the peace to be holden for the said county, to answer as aforesaid, and to be further dealt with according to law. Dated in open sessions at aforesaid, this day of 1817.

BIGAMY

Is the marrying of two or more wives, and should be more properly called polygamy.-By stat. Jac. I. c. 11, any person marrying, (the former husband or wife being living,) is guilty of felony within clergy; but by 35 Geo. III. c. 67, offenders are subject to the penalties of grand or petit larceny, (i.e, Transportation, &c.)

The statute Jac. I. excepts five cases, 3 Inst.89.— 1st. Where the party has been constantly abroad for seven years and no notice of his being alive.-2nd. In this kingdom, and being the same time absent, the party having no knowledge of the other being alive. 3rd. A divorce à mensa et thoro.-4th. Where the first marriage is legally declared void; and 5th. Where either of the parties were under any legal disability to contract matrimony. 1 Haw, P. C. 174.

The parties may be proceeded against in the county where they shall be taken, as if the offence had been committed there; the caption of the party is therefore added to the following warrant of commitment, in order to give jurisdiction to the justice

of the peace for the county, where the offender was apprehended. That part to be left out if the party is taken where the crime was committed.

Warrant of Commitment for Bigamy.

To the Gaoler or Keeper of

to wit. Receive into your custody in the said gaol, and there safely keep until he shall be discharged by due course of law, the body of A. B. herewith sent you, and charged before me W. S. Esq. one of His Majesty's justices of the peace in and for the said county, on the oaths of C. D. E. F. and others, for that he the said A. B. on the

day of in the year of our Lord 1817, at the parish of in the county of, did marry one G. H. spinster, and her the said G. H. then and there had for his wife; and that the said A. B. afterwards, to wit, on the

day of

in the year aforesaid, in the parish aforesaid, feloniously did marry and take to wife one L. S. spinster, the said G. H. his former wife being then living, against the form of the statute in that case made and provided; the said C. D. having also made oath before me the said justice, that the said A. B. was apprehended and taken for the said felony in the parish of in the said county of under my hand and seal this

day of

1817.

Given

BREAD.

The acts regulating the due making of bread, &c. are distinguished by general and local acts, the latter only having reference to the City of London and liberties thereof, and within the weekly bills of mortality, and ten miles of the Royal Exchange; the former have a general operation, and it becomes necessary to abstract the clauses of the fol

lowing acts distinctly, particularly as in Burn's Justice, the acts regulating the baking of bread in London and its liberties are wholly omitted, on the extraordinary principle that these acts are local and not within the design of his work; but the great extent of London and its liberties, including the bills of mortality, is surely a sufficient reason for noticing them, when it is considered that more convictions take place within the operation of these acts than in all the rest of the kingdom.

Of the general act first-by 50 Geo. III. c. 73, if any person residing beyond London, or beyond ten miles of the Royal Exchange, shall sell bread deficient in weight according to the assize, one justice, before whom any information shall be given, on the oath of one witness, may grant a warrant to enter the house, shop, stall, bakehouse, &c. in the day time, and try and weigh all the bread baked within 24 hours next preceding the time of its being weighed ; and if any deficiency appear on the average weight of the whole of such bread, and proof thereof on oath, the party shall be convicted in the penalty of not exceeding 5s. per oz. for every ounce deficient; and by the same act such bread to be forfeited and disposed of as the magistrate shall think fit, except it shall be proved on oath of one or more respectable housekeeper that such deficiency arose from unavoidable accident. s. 1.

Bakers to have weights and scales in their shops, and any person purchasing bread may require the

same to be weighed in their presence, and if any loaf is deficient in weight, the purchaser shall have the deficiency made up with other bread, or another loaf given in lieu; and baker offending, on conviction, shall forfeit not exceeding 10s, either on the oath of one or more witnesses, or by confession, s. 2.

No bread, rolls, or cakes to be baked on Sunday between the hours of ten in the forenoon and half past one in the afternoon; and no baker shall sell or expose to sale any bread, rolls, or cakes, &c. or bake or deliver any meat, puddings, &c. at any time after half past one o'clock in the afternoon, or in any other way carry on the trade of a baker, except as far as it may be necessary in setting, &c. the dough for the following day's baking; and no meat, &c. to be brought to or taken from any bakehouse during divine service, nor within a quarter of an hour after the commencement thereof. Every person offending, shall forfeit for the first offence 5s. for the second 10s. and for the third and every subsequent offence 15s. The conviction to be within two days from the commission of the crime, on view of a justice, confession, or proof by one or more witnesses, and the offender to pay the costs of the conviction, to be ascertained by the justice convicting; the amount thereof, not exceeding 3s. per day, to be paid to the prosecutor, and the residue to the poor of the parish where offence committed; and if penalty and costs not paid within three days after

conviction, the same may be levied by distress and sale, and in default the offender to be committed to the house of correction, for the first offence not exceeding seven days, second offence fourteen days, and for third and every subsequent offence not exceeding twenty-one days, unless penalty and costs sooner paid. s. 3.

By 31 Geo. II. c. 29, s. 24. all former acts relating to the assize of bread are repealed, and it is by this act enacted, that it shall be lawful for the persons therein authorized, to set the assize and weight of bread, and the price to be paid for the same, s. 2. which shall be made with reference to the price of grain, meal, or flour in the markets near which such assize is set; and where an assize is set, no person shall sell or expose to sale any sort of bread, except wheaten and household, and such other sorts of bread as shall be allowed in the assize; and if any person offend and be convicted, by confession or oath of one witness, before any magistrate, within his jurisdiction, he shall forfeit not more than 40s. nor less than 20s.

By 53 Geo. III. c. 116, it is enacted that as often as the court of mayor and aldermen in any city where such court is; and if no such court, or being such when the same does not sit, the mayor, bailiff, or other chief magistrate of such city; and in towns' corporate or boroughs, the mayor, &c. or two or more justices, if no mayor, &c. shall deem it expedient to fix the assize of bread, they

H

« 이전계속 »