sum of ten pounds; and whereupon it was then and there adjudged by me the said justice, that the said C. D. had forfeited for his said offence the sum of ten pounds of lawful money of Great Britain, to be distributed according as the law directs : And whereas the said C. D. having had notice of the said conviction, hath refused or neglected to pay, and hath not paid the said sum pursuant to the said conviction, and the same hath been fully proved before me: These are therefore, in his majesty's name, to require and authorise you to levy the said sum of ten pounds by distress and sale of the goods and chattels of him the said C. D.; 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 our sovereign lord the king, and the other moiety thereof to the said A. B. the informer of the said offence, according to the direction of the statute in that case made and provided, returning the overplus (if any) to him the said C. D. on demand, the reasonable charges of taking, keeping, and selling the said distress being first deducted. Given under my hand and seal this day of in the year of our Lord one thousand eight hundred and . No. 11. Commitment thereon for Non-payment. County of to wit. To the constable of the parish of in the said county, and to the keeper of the house of correction at of county. Whereas C. D. of at in the said was, on the day in the year of our Lord one thousand eight hundred and in the said county, legally convicted before me W. R. esquire, one of his majesty's justices of the peace in and for the said county, upon the oath of W.T. a credible witness, of selling several goods in the parish of and of being a trading hawker or pedlar without licence, or being otherwise legally qualified to do the same [or as it may be,] contrary to the statute in that case made, whereby the said C. D. has forfeited the sum of ten pounds: And whereas on the said day of in the year aforesaid, and county aforesaid, I did issue my to levy the said sum of as warrant to the constable of ten pounds, by distress and sale of the goods and chattels of him the said C. D. and to distribute the same according as is directed by the said statute: And whereas it duly appears to me, as well on the oath of the said constable of otherwise, that he the said constable has used his best endeavours to levy the said sum on the goods and chattels of the said C. D. as aforesaid, and of the goods and chattels with which the said C. D. was or might be found trading*, but that no sufficient distress can be found whereon to levy the same: These are therefore to require you the constable of aforesaid to take and convey the said C. D. to the said house of correction in the county aforesaid, and deliver him to the said keeper thereof, together with this precept. And you the said keeper are hereby commanded to receive into your custody in the said house of correction him the said C. D., and for non-payment of the said sum there to suffer as a common vagrant, as directed by the statute. And for your so doing this shall be your sufficient warrant. Given under my hand and seal at in the said county, the day of in the year of our Lord one thousand eight hundred and No. 12. Information against a Pedlar, and Trading Person, going from town to town, and exposing goods to sale without a licence. 50 Geo. 3. c. 41. s. 20. County of to wit. of Be it remembered, that on this day of in the year of our Lord one thousand eight hundred and A. B. in the said county who sues as well for our sovereign lord the king as for himself, in this behalf, comes before me W. R. esquire, one of his majesty's justices of the peace in and for the county of and on his oath says, [or gives me the said justice to un derstand and be informed,] that one C. D. late of day of is a pedlar and trading person, going from town to town, travelling with horses, and exposing goods to sale; and that he the said C. D. did, on the instant, at the parish of in the said county, then and there, as such pedlar and trading person, going from town to town, and travelling with horses, expose to sale goods, to wit china, [or as it * See the 50 Geo. 3. c. 41. s. 25. + The words in Italics are literally those of the 50 Geo. 3. c. 41. s. 17. It is always safest to use them in commitments, verbatim. may be,] the said C. D. not being the real worker or maker, nor the child, apprentice, agent, nor servant of the real worker or maker thereof, by way of hawking, (as a hawker, pedlar, or petty chapman going from town to town or to other men's houses,) and did then and there sell and expose to sale the said goods to divers persons, on the day and at the parish and place aforesaid, without having first obtained a licence from the commissioners or their deputies for the time being, authorized and appointed to grant licences to hawkers, pedlars, and petty chapmen to travel and trade as aforesaid, and not having such licence ready to produce on demand to the said A. B. 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 C.D. has forfeited the sum of forty pounds for his said offence, to be distributed as the law directs, according to the form of the statute in such case made and provided; whereupon the said A. B. prays the judgment of me the said justice in the premises, and that the said C.D. may be summoned to appear before me the said justice to answer unto the said complaint, and make defence thereto. Exhibited and taken the day and year first above written, be fore me, No. 13. Summons thereon. To C.D. of County of in the county of in the Whereas information and complaint upon oath have this day been made before me W. R. to wit. esquire, one of his majesty's justices of the peace in and for the said county, by A. B. of said county who sues as well for our sovereign lord the king as for himself in this behalf, that you C. D. are a pedlar and trading person, going from town to town, travelling with horses, and exposing goods to sale; and that you the said C. D. did, on the at the parish of in the said county, then and there, as such pedlar and trading person, going from town to town and travelling with horses, expose to sale goods, to wit, china, [or as it may be,] you the said C. D. not being the day of instant, real worker or maker, nor the child, apprentice, agent, nor servant of the real worker or maker thereof, by way of hawking, (as a hawker, pedlar, or petty chapman going from town to town or to other men's houses,) and did then and there sell and expose to sale the said goods to divers persons, on the day and at the parish and place aforesaid, without having first obtained a licence from the commissioners or their deputies for the time being, authorized and appointed to grant licences to hawkers, pedlars, and petty chapmen to travel and trade as aforesaid, and not having such licence ready to produce on demand to the said A. B. 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 you the said C.D. have forfeited the sum of forty pounds for your said offence, to be distributed as the law directs, according to the form of the statute in such case made and provided: These are therefore, in his majesty's name, to will and require you personally to be and appear before me, at the in the parish of in the said county, on the day of instant, at the hour of in the forenoon, than and there to answer unto the said information and complaint, end to be further dealt with according to law. Given under my hand and seal, the in the year of our Lord one thousand day of eight hundred and For the CONVICTION, see the Form No. 30, p. 31, post. County of to wit. No. 14. Warrant of distress thereon, } To the constable of the parish of Whereas C.D. late of pedlar, is this day duly convicted before me, one of his majesty's justices of the peace in and for the said county, upon the oath of W. T. a credible witness, for that he the said C. D. being a pedlar and trading person, going from town to town, travelling with horses, and exposing goods to sale, did, on the instant, at the parish of in the said county, then and there, as such pedlar and trading person, going from town to town, and travelling with horses, expose to sale goods, to wit, day of china, [or as it may be,] he the said C. D. not being the real worker or maker, nor the child, apprentice, agent, nor servant of the real worker or maker thereof, by way of hawking, (as a hawker, pedlar, or petty chapman going from town to town or to other men's houses,) and did then and there sell and expose to sale the said goods to divers persons on the day and at the parish and place aforesaid, without having first obtained a licence from the commissioners or their deputies for the time being authorized and appointed to grant licences to hawkers, pedlars, and petty chapmen to travel and trade as aforesaid, and not having such licence ready to produce on demand to the said A. B. 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 C. D. has forfeited the sum of forty pounds for his said offence, to be distributed as the law directs: These are therefore, in his majesty's name, to will and require you to levy the said sum of forty pounds by distress and sale of the goods and chattels of him the said C. D., 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 Ě. F. of my clerk, for the use of our soveregn lord the king, and the other moiety thereof to A. B. of who informed me of the said offence, according to the directions of the statute in that case made and provided, returning to him the said C. D. the overplus (if any be) on demand, the reasonable charges of taking, keeping, and selling the said distress being first deducted. Given under my hand and seal the and day of in the year of our Lord one thousand eight hundred The magistrate is to receive the moiety of the penalty for the king. See note, p.9. ante. |