0.

are therefore in his said majesty's name to command you to levy the
said sum 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, 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, and out of the money arising by such
sale that you do pay one half of the said sum of 5l. to A. I. of
in the said county, yeoman, who informed me of the said
offence, and the other half of the said sum of 5l. to the overseers of
the poor of the parish of
aforesaid, where the said offence
was committed, for the use of the poor of the said parish; returning
the overplus on demand unto him the said A. Ó., the reasonable
charges of taking, keeping, and selling the said distress being first
deducted. And if sufficient distress cannot be found of the goods of
the said A. O. whereon to levy the said sum of 5l., that then you cer-
tify the same to me, together with the return of this precept. Given
under my hand and seal, the

year of

day of

in the

Constable's Return that no sufficient Distress can be obtained, endorsed on the Warrant.

L. M. constable of
day of

within mentioned, maketh oath this in the year within mentioned, that he hath made diligent search for, but doth not know of, nor can find sufficient goods and chattels of A. O. within mentioned, whereon to levy the within-mentioned sum of 51.

Sworn before me the justice within mentioned.

R. B.

L. M.

(O.) Commitment for want of Distress, for keeping Dogs or
Engines; on Stat. 5 Ann. c. 14. § 4. ante, p. 543.
in the said county, and
to the keeper of the house of correction at
in the said county.

County of To the constable of

WHEREAS A. O. of in the said county, labourer, [&c.]

a

was on the

day of

in the

day of

year of duly convicted 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. credible witness, for that he the said A. O., not being a person by the laws of this realm qualified so to do, on the in the year aforesaid, did keep and use, [or "keep" or "use," in the parish of aforesaid, in the county aforesaid, a certain dog called a greyhound, to kill and destroy the game, by virtue whereof he the said A. O. hath forfeited the sum of 5l.; and whereas on the said in the year aforesaid, I did issue my warrant to the constable of to levy the said sum of 51. by distress and sale of the goods of him the said A. O., and to distribute the same according as is directed by the statute in that behalf made; 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 the said A. O. as

day of

(a) Not less than four, nor more than eight days. Stat. 27 G.2. c. 20. § 1.

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 apprehend the body of the said A. O. and him safely to
in the said county, and
convey to the house of correction at
there deliver him to the said keeper thereof, together with this pre-
cept. 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 A. O., and him there safely to keep for the space of
three months; and for so doing this shall be your sufficient warrant.
in the
Given under my hand and seal the

year, &c.

day of

(P.) Certiorari Bond, on a Conviction for keeping Dogs or
Engines; on Stat. 5 Ann. c. 14. § 2. ante, p. 566.
KNOW all men by these presents, &c. Whereas the above-bound
A. O. was lately convicted before J. P. esquire, one of his
majesty's justices of the peace in and for the county of afore-
said, of keeping and using at
aforesaid, in the said county,
a greyhound, 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
the king himself wherever he shall be in England on
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 there-
upon, 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, other-
wise of force.

(Q.) Warrant against an Innkeeper for having Game in his
Possession; on Stat. 5 Ann. c. 14. § 2. ante, p. 567.

County of WHEREAS A. I. of

To the constable of

in the

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 day of now last past, A. O. of parish of in 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 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 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

P.

Q

R.

of any lordship, manor, or royalty, duly made, constituted, or ap-
pointed 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 per-
son in any manner whatsoever qualified or authorised 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 according to law.
Given under my hand and seal, the

year, &c.

day of

in the

R. 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. ante, p. 567.

County of BE it remembered, that on the

of}

county of

in the

year of our Lord A. I. of L. in the county of

day of

at W. in the

esquire,

personally came before me J. P. clerk, one of his majesty's justices of
the peace for the said county of
A. O. of-
in the county of

day of

at

and informed me that

innkeeper, on the in the said county of

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 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 150l., nor then being the son or heir ap parent 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 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, not then being a person in any manner whatsoever qualified or authorised to kill game, and being then and there an innkeeper, unlawfully had in his custody two partridges, and did then and there sell (or offer to sell) (a) the same partridges, contrary to the form of the statute in such case made and provided. Whereupon the said A. O. after being duly summoned to answer the said charge, appeared before me, on the of in the year of our Lord aforesaid, at W. in the said county of and having heard the custody, the in- charge contained in the said information, declared he was not guilty

(a) This should

be stated according to the evidence. If the offender only had the birds in his

of the said offence. Whereupon I the said justice did proceed to examine into the truth of the charge contained in the said inform ation, and on the

day of

the allegation that he actually

sold.

formation should be conaforesaid, at the parish fined to that of aforesaid, in the said county of, one credible part; if he sold, omit the offer to witness, to wit, J. W. of H. in the said county of yeoman, sale; if he offerupon his oath deposeth and saith, in the presence of the said O. A., ed to sell, omit that within three months next before the said information was made before me the said justice by the said A. I., to wit, on the day of in the year -, 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 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 authorised 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. [State the evidence as nearly as possible in the words used by the witness, and if more than one witness be examined, state the evidence given by each.] Therefore it manifestly appearing to me that he the said A. O. is guilty of the offence charged upon him in the said information, I do hereby convict him of the offence aforesaid, and do declare and adjudge that he the said A. O. hath forfeited the sum of ten pounds of lawful money of Great Britain (that is to say, the sum of five pounds for each of the said partridges,) for the offence aforesaid, to be distributed according to the form of the statute in that case made and provided.

hand and seal this

Given under my day of year of our Lord one thousand eight hundred and

in the

J. P. (L. S.)

Though stat. 5 Ann. 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 stat. 28 G. 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.

S.

T.

(S) Warrant to levy 10. on the Goods of an Innkeeper convicted of having Game in his Custody; on Stat. 5 Ann. c. 14. § 2. ante, p. 567.

WHEREAS A. O. of.

in the parish of·

in the

year of the reign of

county aforesaid, innkeeper, is on this present

victed before me J. P. esquire, one of his majesty's justices
in and for the said county, upon the oath of A. W. a
ness, for that he the said A. O. on the
day of

you

at the parish of

in the day of duly conof the peace credible wit

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 10l. These are therefore to require 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 10l. 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

(T) Commitment on the same for want of Distress; on Stat. 5 Ann. c. 14. § 2. ante, p. 567.

day of

in the said county, innkeeper,

at the parish of

duly convicted 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. of -
for that he the said A. O. on the
, 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) Not less than four, nor more than eight days, 27 G. 2. c.10. § 1.