direct that the said sum of· (i. e. the penalty) shall be paid to 1 & 2 W. 4. being one of the overseers of the poor of, &c. to be by him c. 32. applied according to the directions of the statute in such case made and provided; and I [or, we] order that the said sum of for costs shall be paid to Given under hand [or, our hands] the day and year first above mentioned. my (the complainant.) J. P. obedience of summons, &c. § 40. "It shall be lawful for any justice of the peace to issue Power to sumhis summons requiring any person to appear before himself, or any mon witnesses. one or two justices of the peace, as the case may require, for the purpose of giving evidence touching any offence against this act; and if any person so summoned shall neglect or refuse to appear Penalty for disat the time and place appointed by such summons, and no reasonable excuse for his absence shall be proved before the justice or justices then and there present, or if any person appearing in cbedience to such summons shall refuse to be examined on oath touching any such offence by the justice or justices then and there present, every person so offending shall, on conviction thereof before the said justice or justices, or any other justice or justices of the peace, forfeit and pay such sum of money, not exceeding five pounds, as to the convicting justice or justices shall seem meet." 66 forcing the appearance of ( fenders. 41. The prosecution for every offence punishable upon Time for prosummary conviction by virtue of this act shall be commenced ceedings, and within three calendar months after the commission of the offence; mode of enand where any person shall be charged on the oath of a credible witness with any such offence before a justice of the peace, the justice may summon the party charged to appear before himself, or any one or two justices of the peace, as the case may require, at a time and place to be named in such summons; and if such party shall not appear accordingly, then (upon proof of the due service of the summons, by delivering a copy thereof to the party, or by delivering such copy at the party's usual place of abode to some inmate thereat, and explaining the purport thereof to such inmate), the justice or justices may either proceed to hear and determine the case in the absence of the party, or may issue his or their warrant for apprehending and bringing such party before him or them, as the case may be; or the justice before whom the charge shall be made may, if he shall have reason to suspect from information upon oath that the party is likely to abscond, issue such warrant in the first instance, without any previous summons." tive. $42. declares and enacts" that it shall not be necessary, in Prosecutor not any proceeding against any person under this act, to negative by required to evidence any certificate, licence, consent, authority, or other prove a negamatter of exception or defence; but that the party seeking to avail himself of any such certificate, licence, consent, authority, or other matter of exception or defence, shall be bound to prove the same." § 43. "The justice or justices of the peace before whom any person shall be convicted of any offence punishable upon summary conviction under this act shall transmit every such conviction to the next court of general or quarter sessions of the peace for the county, riding, division, liberty, franchise, city, or town wherein Convictions to be returned to sessions. 1 & 2 W. 4. c. 32. Appeal. No certiorari, &c. This act not to preclude actions for trespass, but no double pro ceedings for the same trespass, Venue, &c. in proceedings against persons acting under this act. the offence shall have been committed, there to be kept by the proper officer among the records of the court." $44. "Any person who shall think himself aggrieved by any summary conviction in pursuance of this act may appeal to the justices at the next general or quarter sessions of the peace, to be holden, not less than twelve days after such conviction, for the county, riding, division, liberty, franchise, city, or town wherein the cause of complaint shall have arisen, provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or within such three days enter into a recognizance, with a sufficient surety, before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be dealt with and punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment." § 45. "No summary conviction in pursuance of this act, or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of his majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a good and valid conviction to sustain the same." §46. Provided, that nothing in this act contained shall prevent any person from proceeding by way of civil action to recover damages in respect of any trespass upon his land, whether committed in pursuit of game or otherwise, save and except that where any proceedings shall have been instituted under the provisions of this act against any person for or in respect of any trespass, no action at law shall be maintainable for the same trespass by any person at whose instance or with whose concurrence or assent such proceedings shall have been instituted; but such proceedings shall in such case be a bar to any such action, and may be given in evidence under the general issue." $47. For the protection of persons acting in the execution of this act, all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and givethis act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant." Tender of amends. § 48. "Nothing in this act contained shall extend to Scotland Act not to exor Ireland.” For Form of Conviction by two justices under 9 G. 4. c. 69. § 1., see § 5. ante, p. 294. Indictment for a Misdemeanor under 9 G. 4. c. 69. § I. for a third Offence after two prior Convictions. THE jurors for our lord the king upon their oath present, that C.D., late of, &c. on, &c. at, &c. was duly convicted before L.M. and J. N., esquires, two of his majesty's justices of the peace for the county of- -, for that he the said C. D., on, &c. [here set out the first conviction at length in the past tense.] And the jurors aforesaid, on their oath aforesaid, do further present that the said C. D., being so convicted as aforesaid, afterwards, on, &c. at, &c. was again duly convicted before J. P. and R. S., esquires, two of his majesty's justices of the peace for the county of, for that he the said C. D., on, &c. [here set out the second conviction in like manner]. And the jurors aforesaid, on their oath aforesaid, do further present, that the said C. D., late of, &c. having been so twice convicted as aforesaid, and the said convictions being and remaining in full force, after the said convictions, and within twelve calendar months now last past, to wit, on, &c. at and about the hour of in the night of the same day, at, &c. aforesaid, did by night, as last aforesaid, unlawfully take and destroy certain game, to wit, [two pheasants,] [or, certain rabbits, to wit, six rabbits,] in certain inclosed [or, open] land, there situate, the property of one A. B. [describe the offence according to the fact, if it be the entering only the land to destroy game,] against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity. Indictment for a Misdemeanor on 9 G. 4. c. 69. § 2. against an Offender under § 1. for assaulting a Gamekeeper, &c. THE jurors for our lord the king upon their oath present, that C. D., late of, &c. before the commission of the offence hereinafter mentioned, on, &c. at and about the hour of in the night of the same day, at the parish aforesaid, in the county aforesaid, did by night as aforesaid unlawfully enter certain land of one A. B., [owner or occupier, &c.] there situate, and was then and there during the said night unlawfully in the said land, with a certain gun, [net, engine, or instrument, to wit, an instrument called a -] for the purpose then and there of taking and destroying game, contrary to the form of the statute in such case made and provided; and he the said C. D. then and there upon the said land, in the night-time as aforesaid, with the gun, [net, engine, or instrument,] aforesaid, for the purpose aforesaid, was found by one E. F., [or by one G.H. who was then and there assisting one E. F.,] which said E. F. was then and there the gamekeeper [or, servant] of tend to Scotland or Ireland. the said A. B., and had then and there lawful authority to seize and apprehend the said C. D., and was about to do so, and (a) that the said E. F., being then and there about to seize and apprehend the said C. D. for the said offence, he the said C. D., with a gun, [cross-bow, fire-arms, bludgeon, stick, club, or offensive weapon, to wit, an offensive weapon called a — -] which the said C. D. in both his hands then and there had and held, did then and there unlawfully assault and offer violence towards the said E. F., he the said E. F. then and there being lawfully authorised to seize and apprehend the said C. D. as aforesaid, against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity. If the assault were committed off the land, in case of pursuit, proceed to (a) in the above, and then add-" the said C. D. from the said land escaped into a certain close there situate, and the said E. F. then and there pursued the said C. D. into the said close, for the purpose of so seizing and apprehending him the said C.D. as aforesaid, he the said E.F., as such gamekeeper as aforesaid, having then and there lawful right so to do as aforesaid, and, &c.”—concluding as in the above form after (a). Indictment for a Misdemeanor on 9 G. 4. c. 69. § 9. against three or more for entering Land by Night, armed, for the purpose of taking or destroying Game, &c. THE jurors for our lord the king upon their oath present, that in the A. O., late of, &c. [labourer], C.D., late of the same place [labourer], and E. F., late of the same place [labourer], (together with divers other evil-disposed persons, to the number of three and more, to the jurors aforesaid unknown,) [if they be all known omit the latter words,] on, &c. at and about the hour of night of the same day, with force and arms, at the parish aforesaid, in the county aforesaid, being then and there respectively armed with guns, [cross-bows, fire-arms, bludgeons, or certain offensive weapons, to wit, [three] offensive weapons, respectively called. -] then and there together, by night as aforesaid, and armed as aforesaid, did unlawfully enter certain inclosed [or, open] land of one A. B., there situate, and were then and there together so armed unlawfully in the said land, for the purpose then and there of taking and destroying game, against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity. For the Form of Conviction by a justice under 7 & 8 G. 4. c. 29. see 71. of the said stat. see tit. Larceny. Indictment for Felony under 7 & 8 G. 4. c. 29. § 29. against Person entering Forest, &c. with intent to hunt, &c. Deer, and beating or wounding a Keeper, &c. THE jurors for our lord the king upon their oath present, that C. D., late of, &c. on, &c. at, &c. with force and arms, into certain inclosed land then belonging to E. F., where deer had been and then were usually kept [or, into a certain forest, chase, or purlieu called- -], there situate, did unlawfully enter, with intent then and there unlawfully and feloniously to hunt, kill, snare, and carry away deer, and that one A. B., then and there being a person intrusted with the care of the deer in the said inclosed land [or, forest, &c.], then and there being, then and there [or, then and there being an assistant of E. F., then and there being a person intrusted, &c.], after the said C. D. had so entered into the said inclosed land as aforesaid [forest, &c.], and whilst the said C. D. there remained, did demand of the said C. D. an engine, to wit, [a gun,] then and there in the possession of the said C. D., and that upon the said C. D. then and there failing to deliver up the said engine, and altogether refusing to do so, he the said A. B. did then and there attempt to seize and take the same from the said C. D., for the use of the owner of the said deer, as was the duty of the said A. B. so to do, and as he lawfully might for the cause aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said C. D. then and there, with force and arms, in and upon the said A. B., the said A. B. then being a person having been intrusted. with the care of the deer within the said inclosed land as aforesaid [or, then and there being such assistant as aforesaid], and then and there being in the due execution of his said duty as aforesaid, and of the powers given to him in that behalf by the statute in that case made and provided, unlawfully and feloniously did make an assault, and him the said A. B., so being in the execution of the said duty and of the powers aforesaid, then and there unlawfully and feloniously did beat and wound; against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity. Indictment for Misdemeanor under 7 & 8 G. 4. c. 29. §30. for taking or killing, by Night, Hares or Rabbits in a Breeding Ground. THE jurors for our lord the king upon their oath present, that C. D. late of, &c. on, &c. in the night-time, that is to say, about the hour of [eleven] o'clock in the night of the same day, at, &c. in a certain warren and ground of A. B. there situate, then lawfully used for the breeding and keeping of conies [or, hares], two conies [or, hares] then and there being found then and there in the said warren and ground, unlawfully and wilfully did take and kill; against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. Gaming. 1. Of Gaming in general, and the statutable Provisions respecting it. [33 H. 8. c. 9.-31 El. c. 5.-9 Ann. c. 14.-2 G. 2. c. 28.-18 G. 2. c. 34.-25 G. 2. c. 36.-58 G. 3. c. 70.-3 G. 4. c. 114.] II. Of Wagers and Losses at Play. [16 C. 2. c. 7.-9 Ann. c. 14.-18 G. 2. c. 34.] |