Page images
PDF
EPUB

GAOLS AND HOUSES OF CORRECTION.

Oke's Syn. 2nd

ed. p. 128.

1. Carrying Liquors into Prison (4 Geo. 4, c. 64, s. 40.)]—did, in Offences 1,2. contravention of the existing rules, carry [or bring]

[or attempt or endeavour to carry or bring]

into a certain prison there situate, to which the act of parliament made
and passed in the fourth year of the reign of his late Majesty King George
the Fourth, intituled, "An Act for consolidating and amending the Laws
relating to the Building, Repairing, and Regulating of certain Guols and
Houses of Correction in England and Wales," to wit, the gaol at
and for the said [county] of certain spirituous and fermented liquor,
to wit, one quart of gin, contrary, &c.

in

2. General Form to be used in enforcing the Conviction, (No. 40 (I. 2), ante, p. 39]; Commitment, No. 52, (O. 1), ante, p. 49.

3. Keeper of Prison permitting Liquors to be sold or brought into. (Id.)] Id. Offences -then being the keeper of a certain prison there situate, to wit, the gaol 3-5. at in and for the said [county] of· did sell [or use, lend, or give away,]

[or knowingly permit, or suffer to be sold, or used, lent, or given
away,]

in such prison to one E. F.

[or to be brought into such prison,]

certain spirituous and fermented liquor, to wit, one quart of gin, contrary, &c.

4. General Forms to be used in enforcing the Conviction, (No. 39 (I. 1), ante, p. 38]; Distress Warrant, No. 53, (N. 1)—58, ante, pp. 50

-52.

5. Conveying Articles into Prison against Rules. (2 & 3 Vict. c. 56, s. 22.)]-did convey,

[or attempt, by then and there throwing over the wall [or as the case
may be], to introduce

[ocr errors]

in and for the

into a certain prison there situate, to wit, the gaol at
said [county] of a certain letter [or as the case may be,] to one E. F.,
a prisoner therein confined, the same not being allowed by the rules to be
observed in the said prison, contrary, &c.

6. The Form to be used in enforcing the conviction will be the same as

No. 2, supra.

Id. p. 130.
Offences 6,7.

7. Assaulting Officer of Prison in Execution of Duty. (5 & 6 Vict. Id. Offences c. 98, s. 25.)]-then being a prisoner confined in a certain prison there 8-10. situate, to wit, the gaol of and for the said [county] of sentence of imprisonment [if so], did then and there assault

aud under

[or violently resist, or aid, or incite one E. F. to assault or resist] [the said] C. D., then and there being an officer, to wit, - of the said prison [or of a certain prison there situate, to wit, the gaol of and for the said [county] of] and in the due execution of his duty as such officer, contrary, &c.

8. The Form of Conviction for the last described offence will be either No. 39 (I. 1), ante, p. 38, where a penalty, &c. to be levied by distress, if offender not under sentence; or No. 41 (I. 3), ante, p. 39, where imprisonment only adjudged and offender under sentence, the variation in which

Oke's Synop. 2nd ed. p. 130.

would be, after the term of imprisonment, say, in addition to the term of remaining unexpired of the original sentence of the said A. B. The Commitment under the conviction No. 41 will be No. 48 (P. 1), ante, p. 46; and for No. 39, Distress Warrant, &c. No. 53 (N. 1) −58, ante, pp. 50-52.

GUNPOWDER.

1. Carrying more than 25lbs. by Land. (12 Geo. 3, c. 61, s. 18.)]— convey in a certain carriage at the same time by land, to wit, in a van called the "Daily Van," at the said parish of a certain quantity of gunpowder, to wit, two half barrels, containing together and in the whole 100lbs. weight of gunpowder or thereabouts, all the said gunpowder not being then and there entirely closed in a leather bag, commonly called a saltpetre bag, and the said carriage in which the aforesaid gunpowder was so conveyed by land not then and there having a complete covering of wood, painted cloth, tarpaulin or wadmill tilts over all the gunpowder therein contained, which said gunpowder and the barrels containing the same were then and there seized and detained by one I. F., one of the constables of the said parish of -, contrary, &c.

2. The Conviction would be in the Form No. 41 (I. 3), ante, p. 39, the adjudication being to forfeit all the said gunpowder so conveyed and detained as aforesaid, and the barrels, to wit, two half barrels, in which the same was contained, to be disposed of according to the form of the statute in such case made and provided, that is to say, to the use of the aforesaid I. F., the person who seized and detained the same; then follow the adjudication of costs, which would be recovered by the General Forms No. 49 (P. 3)—51, ante, pp. 46-48.

3. Using Mill for making Gunpowder contrary to Act. (Id. s. 1.)]— did use a certain mill there situate for the making of gunpowder, the said mill not being a mill or place wherein the manufacture of gunpowder was actually carried on at the time of the commencement of a certain act passed in the twelfth year of the reign of his late Majesty King George the Third, intituled " An Act to regulate the Making, Keeping and Carriage of Gunpowder within Great Britain, and to repeal the Laws heretofore made for any of those Purposes," nor wherein it hath since become lawful to carry on such manufacture by licence for that purpose obtained, contrary, &c.

4. The Conviction would be in the General Form No. 39 (I. 1), ante, p. 38, stating the adjudication to be: to forfeit pounds weight of gunpowder in the said mill by him manufactured, and also the sum of shillings for every pound weight of the said pounds weight of gunpowder, to be disposed of and distributed according to law.

5. Making Gunpowder with a Pestle Mill. (Id. s. 2.)]—did, for the making of gunpowder there, use a certain mill then and there worked with a pestle, and commonly called a pestle mill, contrary, &c.

6. General Forms to be used in enforcing the convictions (No. 39 (I. 1), ante, p. 38,) for offences described in Nos. 3 and 5.]—Distress warrant, &c. No. 53 (N. 1)-58, pp. 50-52.

HEALTH (PUBLIC) ACT, 1848.

1. Form of Conviction given in the Schedule (E). (11 & 12 Vict.

County of

c. 63, s. 130.)

[blocks in formation]

[or Borough, &c.] in the year of our Lord -, A. B. is convicted be-
to wit. fore me [or us] "" one [or two] of her Majesty's
justices of the peace in and for the county [or borough, &c.] of
[here describe the offence generally, and the time and place when and where
committed, in the words of this act, or as near thereunto as may be], con-
trary to the Public Health Act, 1848; And I [or we] do adjudge that
the said A. B. hath forfeited for his said offence the sum of [amount of
penalty adjudged], and that he do pay to C. D. the further sum of
as for his costs in this behalf.

Given under my hand and seal [or our hands and seals] the day and year first above written.

(Signed)

(L.S.)
(L.S.)

2. The Forms to be used in enforcing such Conviction would be the General Forms in Jervis's Act, 11 & 12 Vict. c. 43, in Chap. I. of this Collection.

Oke's Synop.

2nd ed.

pp. 130-135.

[blocks in formation]

1. Neglecting Duty. (5 & 6 Will. 4, c. 50, ss. 8, 20.)]-then being Id. p. 136. the surveyor [or district surveyor, or assistant surveyor] of the highways Offences 1, 2. for the said parish of -, did then and there neglect his duty as such surveyor, by then and there [here describe the neglect complained of], as required to do by an act passed in a session of parliament held in the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England," contrary, &c. [or contrary to the statute made in the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England."]

2. Surveyor not accounting. (Id. s. 42.)]—That A. B. of, &c. was at Id. Offences 6 a meeting of the inhabitants of the parish of in the said [county], and 7.

duly held on the

day of, duly appointed and elected to serve

the office of surveyor of the highways for the said parish for the year then

(a) Many of the Forms under this title have been taken and adapted from "Stone's Hand Book of Informations," 2nd ed.

Oke's Synop. 2nd ed. p. 136.

Id. Offence 17.

next ensuing, according to the statute in that behalf. That C. D., of,
&c., was duly appointed and served the office of surveyor of highways for
the said parish for the year preceding, and that the said C. D. did leave
and cease to hold the said office on the appointment of the said A. B. in
manner aforesaid. That notice of such election of the said A. B. was
given to the said A. B. and C. D., according to the directions of the
statute in that behalf, on the
day of —, and that the said C. D.
did not within fourteen days after leaving his said office, and hath not
at any time since, delivered to the said A. B. certain money [or as the case
may be], to wit, then and still due from him to the said A. B., as
such surveyor, but, on the contrary, hath neglected so to do, contrary, &c.

[ocr errors]
[ocr errors]

3. Leaving Heaps of Stone, &c. (Id. s. 56.)]-then being the surveyor of the highways for the said parish of did cause to be laid a heap of stone [or straw, or as the case may be] upon a certain highway there situate, called and did then and there allow the same to remain there at night, to wit, at o'clock of the night of the said day, to the danger [or personal damage] of persons passing thereon, all due and reasonable precautions not having been then and there taken by the said A. B. to guard against such danger, contrary, &c.

4. General Forms to be used in enforcing the Conviction, (No. 39, (I. 1), ante, p. 38, for the above described offences]; Distress Warrant, &c. No. 53 (N. 1)-58, ante, pp. 50-52.

Id. p. 138. Offences 20 23.

II. OFFENCES BY COLLECTOR.

5. Not rendering Account. (Id. s. 38.)]—then being collector of the rates made for the maintenance of the highways of the said parish, and duly appointed by and under the statute in that behalf, did then and there refuse [or wilfully neglect] to render and give to C. D., the surveyor of the said parish a true and perfect account in writing, as required by the statute in that behalf so to be rendered and given, of all monies received by the said A. B. as such collector, by virtue of the said act [or as the case may be], the said A. B. having been theretofore thereunto duly required by the said C. D., the said surveyor, contrary, &c.

the

6. The Conviction will be in the Form No. 40 (I. 2), ante, p. 39, stating the imprisonment in default of the payment to be " imprisoned in at in the said [county], and there to be kept to hard labour for the period of or until he shall have given a true and perfect account as aforesaid [or delivered such list as aforesaid; or delivered up such books, papers and writings], or given satisfaction in respect thereof to the said C. D., the said surveyor."

[ocr errors]

7. Commitment.]-This will be the General Form No. 52 (O. 1), ante, p. 49, reciting the conviction and adjudication as in Form 6.

Il. p. 138.
Offences 24, 25,

26.

III. OFFENCES BY OWNERS AND DRIVERS OF CARTS, &C.

8. Owner using Waggon without Name. (Id. s. 76.)]—then being the owner of a certain waggon [or cart, or carriage], did use the same [or allow the same to be used] on a certain highway there situate, called

[ocr errors]

the said waggon [or as the case may be] not having then and there his name painted thereon, as required by the statute in that behalf, [or did suffer his name and description, theretofore painted thereon as required by the statute in that behalf, to become illegible], [or did paint [or caused to be painted] on the said waggon, or as the case may be, a certain false and fictitious name [or place of abode, or trade], to wit, the name of J. M., of

contrary, &c.

-],

Oke's Synop.

2nd ed. p. 138.

9. Driver acting for Two Carts. (Id. s. 77.)]—did unlawfully act as Id. Offence 27. the sole driver of two carts [or waggons], drawn by one horse each, on a certain highway there situate, called

the horse of the hinder cart

not being then and there attached by a rein not exceeding four feet in length to the back of the cart which was then and there the foremost, contrary, &c.

10. General Forms to be used in enforcing the Conviction for the offences described in Forms No. 8 and 9, No. 39 (I. 1), ante, p. 38]; Distress Warrant, &c., No. 53 (N. 1)-58, ante, pp. 50-52.

11. Driver or Owner riding without Guide. (Id. s. 78.)]-then Id. Offence 28. being the driver [and owner, if so] of a certain waggon [or cart, or carriage] on a certain highway there situate, called

did then and

there ride upon the said waggon [or as the case may be] on the said highway, not having then and there any other person on foot or on horseback to guide the same, the said waggon not being such a carriage as is driven with reins, and is then conducted by some person holding the reins of all the horses drawing the same, contrary, &c.

12. Negligently causing Damage. (Id.)]-Proceed to the asterisk* Id. Offence 29. in Form No. 11, supra, then :-did then and there by negligence [or wilful misbehaviour], to wit, [here describe the particular negligence], cause certain hurt and damage to one [or the said] C. D., then being [or passing] upon such highway,

[or to certain goods, to wit,

then conveyed in a certain cart

there passing [or being] on such highway],

by then and there [here describe the hurt or damage], contrary, &c.

13. Quitting the Road. (Id.)]-Proceed to the asterisk* in Form Id. Offence 30. No. 11, supra, and then :-did then and there unlawfully quit the said highway and go on the other side of the hedge [or fence] inclosing the same whilst the said waggon was then and there passing upon such highway, so that he the said A. B. could not have and had not then and there the direction and government of the horses [or cattle] then and there drawing the same, contrary, &c.

14. Being at improper Distance. (Id.)]-Proceed to the asterisk* in Id. Offences 31, No. 11-was then and there negligently [or wilfully] at such a distance, 32. to wit, fifty yards from such waggon [or in such a situation] whilst the same was then passing upon the said highway, that he the said A. B. could not have and had not then and there the direction and government of the horses [or cattle] then and there drawing the same, contrary, &c.

15. Leaving Cart on Road. (Id.)]-Proceed to the asterisk* in Form Id. Offence 33. No. 11, then did then and there leave the said cart thereon for a long

[ocr errors]

and unreasonable space of time, to wit, one hour, so as then and there to obstruct the passage of the said highway, contrary, &c.

« PreviousContinue »