Information for Selling by Weights &c. contrary to the Standard.

to wit. The information and complaint of A. B. of the parish of in the county of, being a person duly appointed and sworn to examine the weights and balances within the division of in the said county, preferred at a petty sessions held for the said division at - in the said county, before us, justices of the peace for the said county, acting for the said division, whose names are hereunder written, this

day

ofin the year of our Lord 1817, who on his oath saith, That in pursuance of the directions given him by the justices of the said division, he on the day of -- did enter into the shop [mill, out-house &c. as the case is] of and belonging to C.D. of, being a person who sells, by retail and weight, goods, wares and merchandizes, to search for, view and examine his weights and balances there, and the said C. D. then had in his possession, in the said shop [mill &c.] viz. [describe the weights or balances defective,] contrary to the statute in that case made and provided, whereby he hath incurred the forfeiture imposed by the said act of parliament for the said ,offence.

Exhibited before us, the day of, 1817.

A. B.

J. C.
S. P.

[The information, &c. for having false and deficient measures may be in the same form, mutatis mutandis, as the foregoing; the form of conviction is given by the act.]

Summons thereon.

To Mr. C. D. of the parish of —

in the county of — to wit. Whereas A. B. of in the said county, a person duly appointed to examine the weights and balances within the division of - in the county of, hath this day preferred an information against you, for having on the

day of defective weights and a false balance, the same not being according to the standard in the Exchequer, found in your shop, house or other premises, upon search by him made, viz. [describe the defective weights &c. as in the information,] contrary to the form of the statute in that case made and provided; whereby you have incurred the forfeitures mentioned in the said statute. These are therefore to require you personally to appear before us or such other of His Majesty's justices of the peace for the said county as shall be present at the petty sessions to be holden at

county, on

the- day of —, at

forenoon, then and there to answer the premises.

not.

Given under our hands and seals, this the year of our Lord 1817.

in the said o'clock in the

Herein fail

day of, in

J. C.

S. P.

Conviction, on 37 Geo. III. c. 143.

to wit. Be it remembered that on the

day of

day of

in the year of our Lord 1817, at a petty sessions holden for the hundred [or, division] of in the said county, before J. C. and S. P. Esquires, justices of the peace acting in and for the said hundred [or, division], C. D. of in the said county was duly convicted before us the said justices, for that he the said C. D. on the now last past, at in the said county, contrary to the form of the statute in that case made and provided [state the offence], and we the said justices do declare and adjudge that the said C. D. hath forfeited the sum of £ of lawful money of Great-Britain, for the offence aforesaid, to be applied as the law directs; and also the further sum of of like lawful money, for the reasonable costs and charges attending this conviction,

Given under our hands and seals on the day and in the year first mentioned.

J. C.

S. P.

Order for the Payment of the Penalty.

To Mr. C. D. of the parish of in the county of

day of

to wit. Whereas you are this day duly convicted before us, two of His Majesty's justices of the peace in and for the said county, for that you, being a person who sell, by retail and weight, provisions, goods, wares and merchandizes, on the 1817, at in the said county, contrary to the form of the statutes in that case made and provided, had in your house shop, &c.) defective weights and a false balance, viz. [as in the conviction], whereby you have forfeited the sum of for the said offence, and also the further sum of for the reasonable costs and charges attending the said conviction. We do therefore hereby order you the said C. D. to pay to A. B. of, being a person duly appointed to examine weights and balances within this division, the said several sums of and, to be by him paid and applied as the law directs.

Given under our hands and seals, this in the year of our Lord 1817.

day of

J. C.

S. P.

Conviction, under 55 Geo. III. c. 43.

to wit. Be it remembered that on the

in the

the said

year

day of

of our Lord 1817, at a petty session holden at

in the said

A. B. of — in the said justices now last

day of

in the county of, before us J. C. and S. P. Esquires, justices of the peace acting in and for the said — was duly convicted before us for that he the said A. B. on the past, at -, contrary to the form of the statute in that case made and provided [state the offence], and we the said justices do declare and adjudge that the said A. B. hath for such offence forfeited the sum of of lawful money of Great-Britain, to be applied as the law directs, and the further sum of - of like lawful money, for the reasonable costs and charges attending this conviction.

Given under our hands and seals on the day and year first above mentioned.

J. C.

S. P.

WOOD.

By 43 Eliz. c. 7, s. 1, persons robbing orchards or gardens, or cutting any hedge, pales, rails or fences, or digging or pulling up or taking any fruit tree or trees in any orchard, garden or elsewhere, with intent to take and carry away the same; or who shall cut or spoil any woods or underwoods, poles or trees standing (the same not being a felonious taking) on conviction by confession, or oath of one witness, before one justice, shall give to the injured party such recompense as a justice shall appoint; and if not able to make, or such recompense is not made, the offender to be whipped.

The distinction referred to by this statute between a trespass and a felony is, that to take trees growing, or fruit upon trees, is only a trespass, but if severed from the freehold, as gathered fruit, or wood cut down, it is felony. 5 Burn, 646.

By 15 C. II. c. 2, every constable or other person, being an inhabitant, may apprehend a person suspected of carrying or having any burden of wood, underwood, poles or young trees, or bark, or gates, stiles, posts, pales, rails or hedge-wood, broom or furze, and by warrant of one justice may enter and search any suspected place, and if he shall find any wood, &c. to apprehend as well those carrying or taking away the same, as those in whose houses, &c. the same shall be found, and