tioned. These are therefore, in His Majesty's name, to command you to levy the said sum by distress of the goods of him the said C. D. and if within the space of six days next after such distress by you taken the said sum shall not be paid, that then you do sell the said goods so by you distrained, and out of the money arising by such sale you do pay the sum of £2. 10s. to A. B. of- in the said county, who informed me of the said offence, and the sum of £2. 10s. to the overseers of the poor of the parish of where the said offence was cominitted, returning the overplus (if any) on demand to him the said C. D. and if sufficient distress cannot be found of the goods of the said C. D. whereupon to levy the said sum of £5. that then you certify the same to me, together with the return of this precept. Given under my hand and seal this the year of our Lord 1817. day of S. P. Commitment for want of Distress. in To the Constable of in the county of and to the in the county Keeper of the House of Correction at day of in the said county, to wit. Whereas C. D. of [labourer,] was on the day of in the year of our Lord 1817, convicted before me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, upon the oath of S. M. a credible witness, for that he the said C. D. not being a person qualified by the laws of this realm so to do, on the at- in the said county, did use a certain dog called a greyhound to kill and destroy the game, whereby he the said C. D. hath forfeited the sum of £5. And whereas on the said day of in the year aforesaid, I did issue my warrant to the constable of — to levy the sum of £5. by distress and sale of the goods of him the said C. D. and to apply the same according to law. And whereas it duly appears to me as well on the oath of the said constable as otherwise, that he the said constable hath used his best endeavours to levy the said sum on the goods of him the said C. D. as aforesaid, but that no sufficient distress can be had whereon to levy the same; These are, therefore, to command you the said constable of aforesaid to appre→ hend the body of the said C. D. and him safely to convey to the house of correction at in the said county, and there deliver him to the said keeper thereof, together with this precept. And I do hereby command you the said keeper of the said house of correction to receive into your custody in the said house of correction the said C. D. and him there safely keep for the space of three calendar months; and for so doing this shall be your sufficient warrant. Given under my hand and seal this the year of our Lord 1817. day of S. P. Warrant to apprehend a Higgler. to wit. oath before me that on the victualler, at To the Constable of Whereas A. B. of in hath this day made S. P. Esq. one of His Majesty's justices &c. in the county aforesaid, in the house of him the said C. D. there situated, then and there had in his possession one hare [or did offer to sell one hare, as the fact is], he the said C. D. being no ways qualified by the laws of this realm to have the said hare in his custody or possession, contrary to the form of the statute in that case made and provided. These are therefore to command you to bring the said C. D. before me or some other of His Majesty's justices of the peace for the said county, to answer the premises, and to be further dealt with according to law. Given under my hand and seal &c. S. P. The conviction, warrant of distress, and commitment for want of distress, may be in the same form as those against unqualified persons keeping greyhounds, &c. varying the description of the offence. Warrant to levy the Penalty for keeping Snares to destroy To the Constable of 'Game. in the county of to wit. Whereas A. B. hath this day been duly convicted before me S. P. Esq. one of His Majesty's justices of the peace in and for the county of , by the oath of C. D. that he hath within - days last past kept and used snares for killing and destroying the game, and that he is not qualified by law to keep or use a snare or any other engine for destroying the game. These are, therefore, to require and authorize you forthwith to levy the sum of by distress and sale of the goods and chattels of the said A. B. which said sum is by me adjudged to be the penalty for his said offence, and that you pay one moiety thereof to the churchwardens and overseers of the poor of the parish of wherein the said offence was committed, for the use of their poor, and the other moiety to C. D. who informed against the said A. B. according to the statute in that case made and provided; and in default of distress you are hereby required to certify to 'me thereof, that such further order may be taken therein as the law directs. Given under my hand and seal this year of our Lord 1817. day of in the S. P. General Form of negativing the necessary Qualifications in Convictions on the Game Laws. That A. B. being a person not then having lands and tenements or any other estate of inheritance in his own right or his wife's right of the clear yearly value of £100. or for term of life; nor having lease or leases of ninetynine years or for any longer term of the clear yearly value of £150. nor then being son or heir apparent of an Esquire or other person of higher degree; nor then being owner or keeper of any forest, park, chase, or warren being stocked with deer or conies for his necessary use in respect of such forest, park, chase, or warren; nor then being lord of any manor, lordship, or royalty; nor then being gamekeeper of any lord or lady of any lordship, manor, or royalty, duly made, constituted and appointed by writing under his or her hand and seal, to take, kill, or destroy game, or any sort of game whatsoever, in or upon any lordship, manor, or royalty; nor then being truly or properly a servant of or to any lord or lady of any lordship, manor, or royalty; nor then being immediately employed or appointed to take, kill, or destroy game or any kind of game whatsoever for the sole use or immediate benefit of any lord or lady of any lordship, manor, or royalty; nor then being a person in any manner whatsoever qualified or authorized by the laws of this realm to kill game, did &c. Conviction of an Innkeeper for having Partridges in his possession and selling the same as an Innkeeper, 5 Ann, c. 14, s. 2. 28 Geo. II. c. 12. 2 Geo. III. c. 19. to wit. Be it remembered, That on the day of in the 57th year of the reign of our Sovereign Lord George the Third, by the Grace of God &c. at in the county of —, A. B. of in the county of, cometh in his proper person before me S. P. Esq. one of the justices of our said Lord the King in and for the said county of and also to hear and determine divers felonies, trespasses and other misdemeanors committed within the said county, and then and there giveth me the said justice to understand and be informed, that within three months now last past, that is to say, on the day of ―, in the 57th year of the reign of our said Lord the present King, at the parish of ——, C. D. of aforesaid, innkeeper, being a person not then &c. [see the general form, negativing the necessary qualifications], and being then and there an innkeeper, unlawfully had in his custody two partridges, and did then and there sell [or offer to sell, as the case may be], the same partridges, contrary to the form of the statute in such case made and provided; and the said A. B. the said informant, prayeth that the said C. D. be convicted of the said offence above laid to his charge. Whereupon the said C. D. after having been duly summoned in this behalf to answer and make his defence to the said information and offence therein charged upon him, before me the said justice; afterwards, that is to say, on the day of in the year aforesaid at aforesaid in the county of appeareth and is at present before me the said justice, in order to answer and make good his defence to the said information and offence therein charged on him as aforesaid, and he the said C. D. having heard the same, is asked by me the said justice if he can say any thing for himself why he the said C. D. should not be convicted of the premises above charged on him in form aforesaid, who pleadeth that he is not guilty of the said offence. Nevertheless, on the said day of the year aforesaid, at in the said county of —, E. F. one credible witness, to wit E. F. of in the said county of —, cometh before me the said justice in his own proper person, and before me the said justice, the said E. F. being then and there, to wit on the day and year last aforesaid at -, in aforesaid, duly sworn, touching the premises, upon the holy Gospel of God, upon his corporal oath to him then and there administered by me the said justice, I the said justice then and there having full power and authority to administer the said oath to the said E. F. deposeth and sweareth and upon his oath aforesaid affirmeth, in the presence of the said C. D. that within three months next before the said information was made before me by the said informant as aforesaid, to wit on the said -day of in the 57th year aforesaid, at the parish of aforesaid, he the said C. D. being a person not then having lands [pursue the words of the information exactly to the words "in such case made and provided "].Whereupon all and singular the matters and things in the said information and evidence contained, being by the said C. D. heard and fully understood, and he the said C. D. being by me the said justice asked what he hath to say or offer in his defence against the said information and offence and in answer to the evidence given as above-mentioned, and what he has to say why he should not be convicted of the premises so charged upon him; and forasmuch as upon hearing and fully understanding all and every the matters and things by the said C. D. alledged and proved in his defence, touching the premises in the said information specified, 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 information; it is therefore adjudged by me the said justice, upon the testimony of the said E. F. a credible witness upon his oath before me |
