Power of ad restricted. session within a certain number of months after the cause But though the power of adjournment be inherent in journment, how the sessions to the purposes of justice, and their own convenience, that power can only be exercised on appeals lawfully and regularly before them, by all the previous conditions (whatever they may be) having been complied with. Thus, if for want of any notice, or other preliminary step, made a condition by the statute, the appeal could not be entered, the Court cannot acquire a jurisdiction to try it at a future time by adjourning; but the right of appeal is gone for ever. (w) Conviction for a § 5. PRECEDENTS OF CONVICTIONS IN PARTICULAR common assault, to wit. { CASES. ASSAULTS. Be it remembered, that on &c. at &c. A. B. of &c. labourer, is convicted before us C. D. and E. F. two of his Majesty's justices of the peace for the said county, for that he the said A. B. did on &c. at &c. with force and arms, unlawfully assault, beat, and ill-treat one G. H. against the form of the statute in such case made and provided; and we, the said justices, adjudge the said A. B. for his said offence to forfeit and pay the sum of pounds, and also to pay the sum of pounds for costs; and we order that the said sums shall be paid on or before the day of pounds next ensuing, and we direct that the said sum of (the fine) shall be paid to J. K. overseer of the said parish of in which the said offence was committed, to be by him applied according to the provision of the statutes in that case made and provided; and we order that the said sum of paid to the said G. H. Given, &c. for costs shall be ALEHOUSES under 9 Geo. 4. c. 61. (y) (v) 2 Stra. 832, 863. day of A. B. of the parish of (w) The King v. the Justices of Oxfordshire, 1 M. and S. 448. (x) See the provisions of this act, ante, chapter 6. s. 2. in (y) See ante, c. 1. s. 3. where the general provisions of this act, as in the county of was duly convicted before C. D. and E. F. an exciseable liquor, not being a licensed, under two of his Majesty's justices of the peace for the said county of for that he the said A. B. on &c. at &c. did sell to one G. H. certain exciseable liquor called ale by retail; that is to say, one 9 Geo. 4. c. 61. s. 18. (2) to granting, transferring, and taking away licences, and the new appeal to the sessions against the judgment of the justices refusing a license, are recited. In all cases of offence under this act, whatever may be the amount of the penalty, an appeal is, by s. 27. given to the sessions; to the next General or Quarter Sessions, if holden within twelve days after the decision of the justice; otherwise to the following session; on giving to the justice notice in writing of the intention to appeal, and the grounds of appeal, within five days after the decision, and at least seven days before the sessions, and entering into a recognizance with two sureties before a justice, conditioned to prosecute the appeal, to abide the judgment of the Court, and to pay costs if awarded. If the cause of complaint arises in a limited jurisdiction, the appellant has the option of appealing to the local justices, or to the county sessions. sessions have the power to award costs to either party, or to refuse them altogether, in their discretion, and also power to carry into effect any order or judgment which they may affirm; s. 27. When notice of appeal has been given, the justice who takes the recognizance may summon and bind over any person to give evidence on the hearing, and may commit on his refusal; s. 28. No conviction under this act can be granted for want of form, or removed by certiorari; and no warrant, stating that the party has been convicted, can be bad, if there be a good conviction to support it; s. 34. The (z) This section enacts, "That every person who shall sell, barter, exchange, or for valuable consideration otherwise dispose of any exciseable liquor by retail, to be drunk or consumed in his house or premises, or shall permit or suffer any exciseable liquor to be sold, bartered, exchanged, or otherwise disposed of, for valuable consideration, by retail to be drunk or consumed in his house or premises, without being duly licensed so to do; and that every person being duly licensed, who shall sell, barter, exchange, or for valuable consideration otherwise dispose of, or shall permit or suffer to be sold, bartered, exchanged, or otherwise disposed of, for valuable consideration, any exciseable liquor by retail to be drunk or consumed in his house or premises not being the house or premises specified in such license, shall, respectively for every such offence, on conviction before one justice, forfeit and pay any sum not exceeding twenty pounds, nor less than five pounds, together with the costs of the conviction: provided always, that no penalty for such sale, barter, exchange, or other disposal of any such liquor by retail without license, shall be incurred by the heirs, executors, administrators, or assigns of any person licensed under this act, who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors before the expiration of his license, so as such barter, sale, exchange, or other disposal of such liquor be made in the house or premises specified in such license, and take place prior to the special session then next ensuing, unless such special session shall be holden within fourteen days next after the death, bankruptcy, or insolvency, of the said person, and in any such case to the special session which shall be holden next after such special session aforesaid." Conviction of a Conviction of a licensed pub. lican for a first or second offence, against the tenor of his quart of ale at and for the price of sixpence, to be drunk and consumed in his house, situate in the parish aforesaid, in the county aforesaid, contrary to the form of the statute in such case made and provided, whereby the said A. B. has forfeited the sum of pounds, this being adjudged to be the first offence of the said A. B. against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses, and victualling-houses in England, besides the costs of this conviction, which we C. D. and E. F. the justices aforesaid, do hereby assess at the sum of fifteen shillings, pursuant to the statute in such case made and provided. Given under our hands and seals, the day and year first above written. to wit. { Be it remembered, that on this —— day of —— in the year of our Lord A. B. was duly convicted before us, C. D. and E. F. two of his Majesty's justices of the peace for the county of for that he the said A. B. being duly licensed by a certain license to sell exciseable liquors in a certain victualling house, at the sign of the in the parish of in the county of specified in the said license, did on &c. at &c. sell to one G. H. a certain exciseable liquor called ale, by retail, that is to say, one quart of ale, at and for the price of sixpence, to be drunk and consumed in his house, situate in the parish aforesaid, not being the house or premises specified in such his license, nor any part or portion thereof, contrary to the form of the statute in such case made and provided, whereby the said A. B. has forfeited the sum of 1. this being adjudged to be the first offence against the provisions of an act to regulate the granting of licences to keepers of inns, alehouses, and victualling houses in England, besides the costs of this conviction, which we the said C. D. and E. F. the said justices, do hereby assess at the sum of twenty shillings, pursuant to the statute in such case made and provided. Given, &c. to wit. { Be it remembered, that on this day of in the victualler, was duly convicted before C. D. and E. F. two of his Majesty's justices of the peace for the county of acting for the division of for that he the said A. B. being licensed under the act made and passed in the ninth year of the reign of our Lord the now King, to regulate the granting of licenses to keepers of inns, alehouses, and victualling houses in England, to keep an inn, alehouse, or victualling-house, at the sign of the in the parish of in the division aforesaid of the county aforesaid, did, on &c. knowingly suffer certain unlawful games, that is to say, a certain unlawful game called Rouge et Noir, and a certain unlawful game called Hazard, to be played in the house so licensed as aforesaid, against the tenor of the license so to him granted as aforesaid, and against the provisions of the said act relative to the maintenance of good order and rule, whereby the said A. B. has forfeited the sum of -. this being adjudged (a) See the section at length, ante, p. 603. n. (z); and the form of license, ante, c. 1. s. 3. All convictions are to be returned to the sessions delivered to the clerk of the peace, and filed of record; and the certificate of the clerk of the peace of such conviction, which he is required to grant on demand upon payment of one shilling, is legal evidence of every such conviction; s. 23. to be the first (or second, as the case may be) (b) offence of the said A. B. against the said provisions of the said act to regulate the granting of licenses to keepers of inns, alehouses, and victuallinghouses in England, besides the costs of this conviction, which we C. D. and E. F. the said justices, do hereby assess at the sum of twenty shillings, pursuant to the statute in such case made and provided. Given, &c. (c) { AUCTIONS. Information before two justices, setting forth that Conviction of to wit. M. V. on &c. at &c. did, in the capacity of an auc- an auctioneer tioneer, put up to public sale by way of auction, and did then for putting up and there vend and sell, by public sale by way of auction, divers goods to sale by goods and effects of the said M. V. without first taking out a auction, without license in the manner prescribed by the statute in that case made having previand provided; whereby, and by force of the said statute, the said ously taken out M. V. hath for his said offence forfeited the sum of 50l. one moiety, a license. &c. &c. (Summons, appearance, and plea of not guilty by the defendant.) (d) And thereupon, on the same day and year last aforesaid, at R. aforesaid, G. F. a credible witness, being sworn, &c. in the presence of the said M. V. does, upon his said oath, depose that, on the day of in the year he saw the said M. V. in the Evidence. market-place in time of market, in the borough of R. in the county of Berks, mounted in a cart or rostrum, putting up goods to sale by way of auction; (e) and the said M. V. did then and there sell publicly several goods by way of public auction and outcry, to the persons then and there assembled, he the said M. V. acting therein as an auctioneer; and that the said G. F. then and there bought of the said M. V. by way of auction at the sale, one lot of goods or (b) The peculiar language of this act, and the form given, clearly render it unnecessary to set forth the former conviction in a conviction for a second offence, which is generally necessary, the adjudication being in this respect sufficient. (c) As to the proceedings in case of a third offence, see ante, p. 19. (d) See ante, general form of conviction, s. 4. (e) Of this conviction, it is observed by Mr. Paley (p.94, 5), that the words of the act, 17 Geo. 3. c. 50, (which describes the offence, and which description has been adopted by the subsequent statutes on the same subject; the latter not altering the nature of the the offence, but only enacting additional regulations, and increasing the amount of the duties), on which this is framed, make the offence to consist in "exercising the trade or occupation of an auctioneer, at any sale by outcry, or any other mode of sale by auction, or acting in such capacity, without having first taken out a license; and, therefore, that a single act of so selling is sufficient " to bring a person within the act.' دو Which said license, within the bills of mortality, shall be granted by the commissioners of excise, or such person as they shall appoint; and elsewhere, by the collectors and supervisors, within their several collections and districts, under their hands and seals, upon payment of the said duties; 19 Geo. 3. c. 56. s. 3. And every person who shall take out such license, is to take out a fresh license ten days before the expiration of twelve calendar months after taking out the first, before he do presume to sell by auction, and in the same manner renew every such license from year to year; s. 4. Conviction for bunting or snaring, &c. deer in the un enclosed part of a forest, chase, or purlieu, under 7 and 8 Geo. 4. c 29. s. 26. (f) Conviction on 7 and 8 Geo. 4. c. 29. s. 27. (h) for baving venison in pos session without satisfactorily accounting for it. wares of the said M. V. containing several articles, that is to say, &c. for which the said G. F. being best or highest bidder, paid to the said M. V. one shilling and one penny. And the said M. V. does not produce any evidence to contradict the proof aforesaid. Wherefore it manifestly appears, &c. (Conviction and forfeiture of 501. mitigated to 5l. to be distributed as the law directs.) to wit. { DEER. Be it remembered, that, on &c. at &c. A. B. late of &c. labourer, is convicted before me, J. K. one of his Majesty's justices of the peace for the said county, for that he the said A. B. on &c. at &c. in a certain uninclosed part of a certain forest called there situate, one fallow deer of the price of five pounds, then and there being, then and there in the said uninclosed part of the said forest, unlawfully and wilfully did course, kill, and carry away, against the form of the statute in that case made and provided: I the said J. K. do therefore adjudge the said A. B. for his said offence to forfeit and pay the sum of --7. and also to pay the sum of shillings for costs, and in default of immediate payment to be imprisoned in the house of correction for the said county, and there kept to hard labour for the space of calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of ——l. (the fine) shall be paid to L. M. one of the overseers of the poor of the said parish of in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided, (g) and I order that the sum of shillings for costs shall be paid to (the informer). Given, &c. to wit. { Be it remembered, that on &c. at &c. A. B. is convicted before me C. D. one of his Majesty's justices of the peace for the said county, for that he the said C. D. on &c. at &c. had in his possession, and on his premises there situate, the hind quarter of a deer, and that upon the said hind quarter being (f) The 26th section of 7 and 8 Geo. 4. c. 29. having, in its first clause, made the coursing or killing deer in the inclosed part of any forest, chase, or purlieu, felony (see ante, p. 48), proceeds, " And if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill, or wound, or attempt to kill or wound, any deer kept or being in the uninclosed part of any forest, chase, or purlieu, he shall, for every such offence, on conviction before a justice of the peace, forfeit and pay such sum not exceeding 50l. as to the said justice shall seem meet; and then it makes an offence of this kind, after a conviction of any offence relating to the deer, whether of the same kind or not, punishable in the same manner as larceny. (g) See s. 66. (h) The 27th section of 7 and 8 Geo. 4. c. 29. enacts, "That if any deer, or the head, skin, or other part thereof, or any snare or engine for the taking of deer, shall by virtue of a search warrant, to be granted as hereinafter mentioned, be found in the possession of any person, or on the premises of any person, with his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by such deer, or the head, skin, or other part thereof, or had a lawful occasion for such snare or engine, and did not keep the same for any unlawful purpose, he |