hound, to kill and destroy the game; and whereas the said A. O. hath since his said conviction sued out his majesty's writ of certiorari to remove the same and the proceedings thereupon before the king himself wherever he shall be in England on [the day of the return of the certiorari] The condition of the above obligation is such, that if the above-bound A. O. do and shall (according to the true intent and meaning of the statute in that case made) well and truly pay to the said A. I. within 14 days after the said conviction shall be confirmed, or a procedendo granted thereupon, his full costs and charges which he shall sustain touching or concerning the said conviction and removal thereof by the said writ of certiorari; then the above-written obligation shall be void, otherwise of force. P. Warrant against an innkeeper for having game in his possession; on stat. 5 Ann. c. 14. § 2. Westmorland. To the constable of WHEREAS A. I. of hath this day made information and complaint upon oath before me J. P. esquire, one of his majesty's justices of the peace in and for the said county, that on the now last past, A. O. of. · day of ∙ in the parish ofin the county aforesaid, innkeeper at aforesaid, in the parish and county aforesaid, in the house of him the said A. O. then and there had in his possession two partridges [or, did offer to sell two partridges, or as the case shall be,] he the said A. O. being a person not then having lands or tenements or any other estate of inheritance in his own right or in his wife's right of the clear yearly value of 1001. per annum, or for term of life, nor then having lease or leases of 99 years, or for any longer term, of the clear yearly value of 150l., nor then being the son and heir apparent of an esquire, or other person of higher degree, nor then being the 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, or appointed by writing under his or her hand and seal to take, kill, or destroy the game or any sort of game whatsoever in or upon any lordship, manor or royalty, nor then being a person duly appointed and deputed by any lord or lady of any manor to be a gamekeeper to any manor, with authority as gamekeeper to kill game within any manor for the use of such lord or lady, or for his own use, or for the use of any other person or persons whatsoever, nor then being a person in any manner whatsoever qualified or authorized to kill game, or to have the said two partridges in his custody or possession, against the form of the statute in that case made and provided; These are therefore to command you, to bring the said A. O. 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 aecording to law. Given under my hand and seal, the of in the year, &c. -day Conviction of an innkeeper, for having two partridges in his custody and selling the same; on stats. 5 Ann. c. 14. and 28 G. 2. c. 12. Westmorland. BE it remembered, that on the 30th day of Octo ber in the 43d year of the reign of our sovereign lord George the third, by the grace of God of the united kingdom of Great Britain, &c. at W. in the county of Westmorland, A. I. of L. in the county of Chester, esquire, in his proper person cometh before me J. P. clerk, one of the justices of our said lord the king, assigned to keep the peace of our said lord the king in and for the said county of W. and also to hear and determine divers felonies, trespasses, and other misdemeanors committed within the same 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 2d day of October, in the 22d year of the reign of our said lord the present king, at the parish of M. in the said county of W., A. O. of the parish of M. aforesaid, innkeeper, being a person not then having lands or tenements or any other estate of inheritance in his own right or in his wife's right of the clear yearly value of 1001. per annum, or for term of life, nor then having lease or leases of 99 years, or for any longer term, of the clear yearly value of 1501. nor then being the son or heir apparent of an esquire or other person of higher degree, nor then being the 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 to any lord or lady of any lordship, manor, or royalty duly made, constituted, or appointed by writing under his or their hand and seal to take, kill, or destroy the game or any sort of game whatsoever in or upon any lordship, manor, or royalty, nor then being a person duly appointed and deputed by any lord or lady of any manor to be a gamekeeper to any manor, with authority as gamekeeper to kill game within any manor for the use of such lord or lady, or for his own use, or for the use of any other person or persons whatsoever, nor then being a person in any manner whatsoever qualified or authorized to kill game, and being then and there an innkeeper, unlawfully had in his custody (a) This should two partridges, and did then and there sell (or offer to sell), (a) the be stated accordsame partridges, contrary to the form of the statute in that case made ing to the eviand provided; and the said A. I. the said informer prayeth that the dence. If the said A. O. may be convicted of the said offence above laid to his charge. offender only had the birds in his Whereupon the said A. O. having been duly summoned in this behalf custody, the into answer and make his defence to the said information, and the offence formation should therein charged upon him before me the said justice, afterwards, that be confined to is to say, on the 13th of November in the 23d year aforesaid, at W. that part; if he aforesaid, in the said county of W., appeareth and is present before sold, omit the me the said justice, in order to answer and make good his defence to he offered to sell, the said information and offence charged on him as aforesaid; and he omit the allegathe said A. O. having heard the same, is asked by me the said justice tion that he if he can say any thing for himself, why he the said A. O. should not actually sold. 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 13th day of November in the 23d year aforesaid, at W. aforesaid, in the said county of W. one credible witness, to wit, J. W. of H. in offer to sell; if his own proper person, and before me the said justice, the said J. W. being then and there, to wit, on the day and year last aforesaid at W. 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 having then and there full power and authority to administer the said oath to the said J. W.) deposeth, sweareth, and upon his oath aforesaid affirmeth and saith, in the presence and hearing of the said A. O., that within three months next before the said information was made before me the said justice by the said A. I. as aforesaid, to wit, on the said 2d day of October in the 22d year aforesaid, at the parish of M. aforesaid, he the said A. O. being a person not then having lands, tenements, or any other estate of inheritance in his own right or in his wife's right of the clear yearly value of 100l. per annum, or for term of life, nor then having lease or leases of 99 years, or for any longer term, of the clear yearly` value of 1501. nor then being the son and heir apparent of an esquire or other person of higher degree, nor then being the 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, or appointed by writing under his or her hand and seal to take, kill, or destroy the game or any sort of game whatsoever in or upon any lordship, manor, or royalty, nor then being a person duly appointed and deputed by any lord or lady of any manor to be a gamekeeper to any manor, with authority as gamekeeper to kill game within any manor for the use of such lord or lady, or for his own use, or for the use of any other person or persons whatsoever, nor then being a person in any manner whatsoever qualified or authorized to kill game, and then and there being an innkeeper, unlawfully had in his custody two partridges, and did then and there sell (or offer to sell) the same contrary to the form of the statute in that case made and provided; whereupon all and singular the matters and things in the said information and evidence contained being by the said A. O. then heard and fully understood, the said A. O. is 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 hath 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 A. O. alleged and proved in his defence touching the premises in the said information specified, it manifestly appears to me the said justice that the said A. O. 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 J. W. a credible witness, upon his oath before me the said justice so taken as aforesaid, that the said A. O. on the said 2d day of October in the 22d year aforesaid, at the parish of M. aforesaid, within three months next before the said information was made before me the said justice by the said A. I. as aforesaid, unlawfully had in his custody two partridges, and did then and there sell (or offer to sell) the same contrary to the form of the statute in that case made and provided; and that the said A. O. had not then any lands or tenements or any other estate of inheritance in his own right or in his wife's right of the clear yearly value of 100l. per annum, or for term of life, nor then had lease or leases for 99 years, or for any longer term, of the clear yearly value of 1501. nor then was the son and heir apparent of an esquire or other person of higher degree, nor then was the 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 was lord of any manor, lordship, or royalty, nor then was gamekeeper of any lord or lady of any lordship, manor, or royalty, duly made, constituted or appointed by writing under his or her hand and seal to take, kill, or destroy the game or any sort of game whatsoever in or upon any lordship, manor, or royalty, nor then was a person duly appointed and deputed by any lord or lady of any manor to be a gamekeeper to any manor with au thority as gamekeeper to kill game within any manor for the use of such lord or lady, or for his own use, or for the use of any other person or persons whatsoever, nor then was a person in any manner whatsoever qualified or authorized to kill game, and was then and there an innkeeper: And thereupon I the said justice, on the said 13th day of November in the 23d year aforesaid, at W. aforesaid, in the said county of W., do convict the said A. O. of the offence aforesaid in and by the said information charged against him, and he the said A. O. is hereby convicted thereof by me the said justice, upon the oath of one credible witness, according to the form of the statute in that case made and provided and I the said justice do adjudge that the said A. O. for his offence aforesaid hath forfeited the sum of 101. of lawful money of Great Britain, that is to say, the sum of 51. for each of the said partridges: And I do adjudge that one half of the said sum of 101. be paid to the said informer A. I. and the other half of the said sum of 101. be paid to the poor of the parish of M. aforesaid, where the said offence was committed; according to the form of the statute in that case made and provided. In witness whereof I the said J. P., the justice aforesaid, have to this present record of conviction set my hand and seal, at W. aforesaid, in the said county of W., the said 13th day of November in the 23d year aforesaid, and in the year of our Lord 1782. Though the statute 5 An. c. 14. makes no distinction between those innkeepers who are qualified by estate and those who are not, it is more safe to allege want of qualification, unless the defendant actually sold the birds, or offered them to sale; in which case, as the statute 28 Geo. 2. c. 12. inflicts the penalty, whether the person be qualified or not, it may be proper to omit the whole of what is stated in the conviction respecting qualifications. Q. Warrant to levy 107. on the goods of an innkeeper convicted of having game in his custody; on stat. 5 Ann. c. 14. § 2. Westmorland. To the constable of WHEREAS A. O. of· in the parish of in the day of year of the reign of- county aforesaid, innkeeper, is on this present in the duly con victed before me J. P. esquire, one of his majesty's justices of the peace in and for the said county, upon the oath of A. W. a credible witness, for that he said A. O. on the day of at the parish of· in the year of aforesaid, in the county aforesaid, had in his custody and possession two partridges, he the said A. O. being no way qualified by the laws of this realm to have the said two partridges in his custody or possession, against the form of the statute in that case made, by reason whereof he the said A. O. hath forfeited the sum of 101. These are therefore to require you to levy the said sum of 101. by distress of the goods of him the said A. O, and if within the space of - (a) days next after such distress by you taken, the said sum of 10l. together with reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods so by you distrained as aforesaid, and out of the money arising by such sale that you do pay one half of the said sum of 101. to A. I. of yeoman, who informed me of the said offence, and the other half to the poor of the parish of aforesaid, within which parish the said offence was committed; returning to him the said A. O. the overplus on demand; the reasonable charges of taking, keeping, and selling the said distress being first deducted; and if sufficient distress cannot be had of the goods of the said A. O. that you certify the same to me together with the return of this precept. Given under my hand and seal the day of in the ·year of - R. Commitment on the same for want of distress; on stat. 5 Ann. c. 14. § 2. me J. P. esquire one of his majesty's justices of the peace in and for the said county upon the oath of A. W. of that he the said A. O. on the a credible witness, for day of in the aforesaid, in the year of- at the parish of county aforesaid, had in his custody and possession two partridges; he the said A. O. being no way qualified by the laws of this realm to have the said two partridges in his custody or possession, against the form of the statute in that case made, by reason whereof he the said A. O. hath forfeited the sum of 101. And whereas on the said day of in the year aforesaid I did issue my warrant to the constable of to levy the said sum of 101. by distress and sale of the goods of him the said A. O. 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 · as otherwise, that he the said constable of hath used his best endeavours to lery the said sum on the goods of the said A. O. as aforesaid, but that no sufficient distress can be found whereon to levy the same; These are therefore to require you the constable of - aforesaid to carry the said A. O. to the said house of correction of 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 A. O. and him there safely to keep for the space of three months, without bail or mainprize; and for your so doing this shall be your sufficient warrant. Given under my hand and seal the day of (a) Not less than four, nor more than eight days. 27 G. 2. c. 10. § 1. |