cut up the same, there shall be published, one week at least before, an advertisement in some public newspaper printed nearest to the storehouse, &c. notifying that such party had obtained such permit for cutting up such cable of such kind and quality, and specifying where the articles are deposited; whereupon all persons who may have just cause to suspect that such articles are the property of such person, and shall have verified such suspicion on oath before some justice near the said storehouse, may by warrant thereupon granted, require of such dealer the production and examination of such book of entries, and inspection of the cables described in the permit; and in case such dealer should neglect or refuse to produce to such person such book, or to keep such book, or to permit such inspection or examination, or neglect so to publish one such advertisement as aforesaid, he shall on conviction before any justice or magistrate residing near as aforesaid, forfeit for the first offence not more than £20. nor less than £10. and for every further offence not exceeding £50. nor less than £20. one half to go to the informer and half to the poor where the offence shall be committed; and if the said penalties with the charges of conviction be not immediately paid, they may be levied by warrant of distress and sale, and if there be no sufficient distress found, the offender may be committed by such justice to gaol, for the first offence for six calendar months, and for the second or further offence for twelve calendar months, unless the penalty and charges shall be sooner paid. s. 18. Any person convicted by any justice or justices of any offence or offences against this act may within three calendar months next after such conviction appeal to the sessions holden for the county, city or place where the matter of appeal shall arise, giving ten days notice of such appeal to the person appealed against and of the matter thereof, and entering into recognizance before some justice, with two sufficient sureties to try such appeal and abide the determination of the court therein; and such justices at the sessions shall upon due proof of such notice given and recognizance entered into hear and determine the appeal, and either confirm or quash and annul the said conviction, and award such costs to either party as to them shall seem just and reasonable, and such judgment shall be final and conclusive: no proceeding shall be quashed for want of form, and no certiorari shall be granted. s. 21. Inhabitants of the parish may be witnesses to prove the offence committed, though the penalty incurred be applicable to the poor of the parish. s. 22. By 55 Geo. III. c. 127, it is enacted that from the passing of this act, the acts of 9 and 10 W. c. 41. -9 Geo. I. c. 8.-17 Geo. II.-40 Geo. III. and all the penalties, forfeitures, clauses and provisions, matters and things therein contained as far as relates to naval, ordnance and victualling stores, shall extend to all public stores whatsoever, having thereon or therein the marks usually employed to denote the public stores, under the care, superintendance or control of any officer or person in His Majesty's service, or employed in any public department or office; and to all persons not authorized by the proper officer using any such marks in the said acts specified; and to all persons in whose custody, possession or keeping any such goods or stores so marked shall be found, and to all persons who shall deface or obliterate any of the said marks. s. 2. SUMMONS. A summons is the usual process issued by justices to procure the attendance of a person accused, where the offence is between party and party, and not of an aggravated nature; but where the offence is of a higher nature, as felony, breach of the peace, &c. and in cases where the King is a party, it is proper to issue a warrant in the first instance. In petty assaults, though justices are authorized to issue a warrant on complaint, on oath of the party, yet a summons is more adviseable, as in many cases it is found that there is little or no pretence for the accusation. A summons may either be directed to the party, or to a constable, requiring him to summon or give notice to the party; but it is better in either case that a copy of the summons should be served upon or left at the place of residence of the accused; it is not only convenient, but seems expedient that the justice should fix the time of the day when the party should attend; for though the accused is bound (if the summons is to attend a petty sessions,) to wait until the magistrates can attend to the complaint, yet it is reasonable to appoint a time when the complaint can probably be heard. In general a summons may be granted without the oath of the complaining party, but in some cases the oath is indispensible, as in complaints between masters and servants, &c. and in all cases where so directed by statute, and if the complaint is on oath, it should be so stated in the summons. Summons directed to the Constable, with his Return. To the Constable of the parish of in the county of the to wit. You are hereby required, on sight hereof, to summon and warn A. B. of your said parish, personally to be and appear before me S. P. Esq. or such other of His Majesty's justices of the peace for the said county of ——, as shall be present at in the said county, on — day of o'clock in the -noon, then and there to answer to the complaint and information of C. D. [state the complaint.] And you the said constable are then and there to appear and make your return of your due execution hereof. Herein fail not at your peril. at Given under my hand and seal, this year of our Lord 1817. day of in the S. P. Constable's Return. The within named A. B. was duly summoned to appear and answer as he is within required, on day of by me, the E. F. Constable. Summons when Complaint is on Oath. To the Constable of the parish of in the county of to wit. Whereas complaint and information have been made upon oath before me S. P. Esq. one of His Majesty's justices of the peace for the said county, by C. D. of — that A. B. [state the complaint]. These are therefore to command you forthwith to summon the said A. B. to appear before me or such other of His Majesty's justices of the peace for the said county, as shall be present at in the said county, on -the -- o'clock in the noon, then and there to answer to the said complaint and information, made by the said C. D. who is likewise directed to be present to make good the same. Herein fail not. Given under my haud and seal, this day of year of our Lord 1817. --, at day of —, in the S. P. Summons for a Witness to be examined. To the Constable of to wit. Wherças information hath been made before. me S. P. Esq. one of His Majesty's justices of the peace in and for the said county, that [state the complaint,] and that A. B. of &c. is a material witness to be examined concerning the same. These are therefore to require you to summon the said A. B. to appear before me, at in the said county, on the day of, at the hour of in the noon of the same day, to testify the truth according to the best of his knowledge concerning the premises. Given under my hand and seal, this day of, 1817. S. P. |
