II. OFFENCES BY DEALERS AND OTHERS.

6. Sale by illegal Measure. (5 & 6 Will. 4, c. 63, s. 6.)]—did sell to one [or the said] C. D. certain goods, to wit,

by a denomination of measure other than one of the imperial measures, or any multiple or aliquot part thereof, to wit, [describe the denomination of measure], contrary, &c.

Oke's Synop. 2nd edit. p. 250. Offence 5.

7. Sale by heaped Measure. (Id. s. 7.)]—did sell to one [or the said] Id. Offence 6. C. D. certain articles, to wit, one peck of turnips [or as the case may be]

by the heaped measure, contrary, &c.

8. Selling Coals by Measure. (Id. s. 9.)]-This Form will be found Id. Offeenc 7. at p. 92, tit. "Coals.'

9. Using unauthorized Weights, &c. (Id. s. 21.)]-did use a certain Id. Offence 8. weight [or measure] intended to represent a four-pound weight [or a gallon measure], which upon examination then and there duly had by J. J., the inspector of weights and measures for the said [county] ofwas then and there found to be and was then and there light [or unjust], to wit, one ounce light [or as the case may be], contrary, &c.

10. [or did use a certain weight under the weight of fifty-six pounds,
to wit, a seven-pound weight, the said weight at the time of the
said A. B. so using the same not having been stamped accord-
ing to the statute in that behalf, contrary, &c.]

11. Refusing to compare Drinking Cup, &c. (Id. s. 21.)]-that on the Id. Offence 9. day of at the parish of in the said [county] of

one [or the said] C. D. did buy of A. B. of, &c. a certain quantity of ale,
to wit, one quart of ale by a certain vessel, to wit, a jug [or glass, drink-
ing cup, wooden or wicker measure], then and there used by the said A. B.
and represented by him as containing the quantity of a quart of imperial
measure,"
, and that the said A. B. did then and there refuse to ascertain
and did not then and there ascertain the contents of the said vessel by
comparing the same with a stamped measure by law required to be pro-
vided by the said A. B., although the said A. B. was then and there re-
quired so to do by the said C. D., contrary, &c.

12. Drinking Cup found deficient. (Id. s. 21.)]-that on the day Id. Offence 10. of, at the parish of in the said [county] of · -, one [or the said] C. D. did purchase of A. B. of, &c. [proceed to the asterisk* in last Form, then and that the said C. D. did then and there require the contents of the said vessel to be ascertained by a comparison with a stamped measure by law required to be provided by the said A. B., and that on such comparison being then and there made, the said vessel was then and there found to be and was then and there deficient in quantity, contrary, &c.

13. Having Possession of unjust Weights, Steelyards, &c. that on the instant, at the parish of

day of

(Id. s. 28.)] Id. Offence 11. in the said

[county] of a certain weight [or measure], to wit, a weight [or measure] intended to represent a seven-pound weight [or quart measure], and which said weight [or measure] was then and there light, [or unjust, stating in what respect], to wit, once ounce, was found by [the said] C. D.*, being then and there an inspector of weights and measures for the said

Oke's Synop. 2nd ed. p. 250.

Id. p. 252.
Offence 12.

Id. Offence 13.

Id. Offences 14, 15, 16.

Id. Offence 17.

[county] in a certain shop [or warehouse, stall, yard or place] of A. B., grocer, there situate, wherein goods were then and there kept and exposed for sale [or weighed for conveyance or carriage], he the said C. D. being then and there duly authorized in writing under the hand of J. L., Esquire, one of her Majesty's justices of the peace acting in and for the said [county] of to enter the said shop, and examine, compare, and try the weights there found, contrary, &c.

14. [or that on &c., at &c., a certain steelyard [or weighing machine, called a -], and which said steelyard [or weighing machine] was then and there incorrect and unjust, to wit, [state in what respect], was found by [the said] C. D. [conclude from the first asterisk in the last form].

15. Neglecting, &c. to produce Weights, &c. (Id. s. 28.)]-at his shop [or store, warehouse, stall, yard, or place] there situate, wherein goods were then and there kept and exposed for sale [or weighed for conveyance or carriage], did, on being then and there requested so to do by [the said] C. D., then being an inspector of weights and measures for the said [county] of, neglect [or refuse] to produce for examination by the said C. D., according to the statute in that behalf, the weights [or measures, steelyards or weighing machines] of him the said A. B., then in his possession, he the said C. D. being then and there duly authorized, &c. [conclude from the second asterisk* in Form No. 13, supra.]

16. Obstructing Examination. (Id. s. 28.)]—did obstruct [or hinder] one [or the said] C. D., being then and there an inspector of weights and measures for the said [county] of · in examining the weights [or measures, steelyards, or weighing machines] of him the said A. B. or of one E. F.] at a shop [or as the case may be] of him the said A. B. [or E. F.], where goods were then and there kept and exposed for sale, he the said C. D. being then and there duly authorized, &c. [conclude from the second asterisk* in Form No. 13, supra.]

17. Counterfeiting Stamps, &c. (Id. s. 30.)]-did make [or forge, or counterfeit],

[or cause or procure to be made, or forged, or counterfeited],

Lor knowingly act or assist in the making or forging, or counterfeiting]

a certain stamp [or mark] on a certain weight [or measure], to wit, a fivepound weight [or quart measure], then and there purporting to be the stamp [or mark then used for the stamping [or marking] of weights [or measures] under the statute in such case made and provided, contrary, &c.

18. Selling Weights, &c. with Counterfeit Marks. (Id. s. 30.)]—did knowingly sell a certain weight [or measure], to wit, a five-pound weight [or quart measure], the said weight [or measure] having then and there a certain forged and counterfeit stamp [or mark] thereon, purporting to be the stamp [or mark] then used for the stamping [or marking] of weights [or measures] under the statute in such case made and provided, the said A. B. then and there well knowing the said stamp [or mark] to be then and there forged and counterfeit, contrary, &c.

19. General Forms to be used in enforcing the Conviction (No. 39 (I. 1), ante, p. 38), for the Offences described in Forms No. 6-18, supra]; Distress Warrant, &c. No. 53 (N. 1)-58, ante, pp. 50-52.

20. A return of forfeitures, levied by the justices of the peace in the county of —, acting within the division of in the said county, in pursuance of the several acts of parliament made for the more effectual prevention of the use of defective weights and false and unequal balances, between the -, 18—, and the

viz.:

day of

day of

following;

day of

last

have since that time been by

1. Information for Search Warrant for plundered Goods. (7 & 8 Geo. 4, c. 29, s. 19.)]-that a certain ship was on the stranded and cast on shore [or in distress, wrecked, or cast on shore] on the sea coast in the said county of ; and that the following goods belonging to the said ship, to wit, some person or persons unknown feloniously plundered, stolen, taken and carried away in the county aforesaid; and that the said C. D. hath reasonable cause to suspect and doth suspect and believe that A. B. of &c. hath in his possession or on his premises, and with his knowledge, the said goods or part thereof.

2. Search Warrant thereon.]—Proceed as directed in Form No. 3, tit. "Larceny," ante, p. 140.

From 2 Arch.

J. P. 4th ed.

3. Order that the Goods found be delivered up. (Id. s. 19.) To the constable of the parish of in the said county of Whereas by virtue of a search warrant under the hand and P. 100. to wit. seal of [me] J. S., Esquire, one of her Majesty's justices of the peace in and for the said county of, authorizing and requiring you to enter into the dwelling-house and premises of A. B. in the said county, and there diligently to search for certain goods belonging to a certain ship before then stranded [or as in the information and warrant] on the sea coast in the said county of and which had been feloniously plundered, stolen, taken and carried away; and whereas certain of the said goods being found by you in the said dwelling-house and premises of the said A. B., to wit, [here enumerate the articles found], the same, together with the said A. B., were thereupon then and there brought before me the said J. S. as such justice as aforesaid; and it then appearing upon evidence before me that the said goods were so in that dwelling

From 2 Arch.

J. P. 4th ed.
P. 100.

Id. p. 101.

house and premises of the said A. B. with the knowledge of the said A. B., the said A. B. was thereupon then and there required by me as such justice as aforesaid, to account for his possession of the said goods, but he hath not satisfied me that he came lawfully by the same: I do therefore order and direct you the said constable forthwith to deliver the said goods so found as aforesaid unto [E. F., for the use and benefit of] G. H., the rightful owner thereof.

Given under my hand and seal, this our Lord

at in the county aforesaid.

day of

in the year of J.S. (L. s.)

4. Statement of the Offence of having such Goods, for the Conviction. (Id. s. 19.)]—had in his possession,

[or on his premises, situate at

ledge]

aforesaid, and with his know

twenty pounds weight of indigo, of the value of fifty shillings, of the goods and merchandize belonging to a certain ship then lately before stranded and cast on shore on the sea coast in the county of aforesaid, the property of some person or persons unknown, and which said goods had been by some person or persons unknown feloniously plundered, stolen, taken and carried away whilst the said ship was so stranded and cast ashore as aforesaid; and that upon the said goods and merchandize being found in the possession and upon the premises of the said A. B. as aforesaid, by virtue of a certain search warrant, and the said A. B. being carried before me the said J. S. now here as such justice as aforesaid, he the said A. B. doth not show unto or satisfy me the said justice that he came lawfully by the said goods and merchandize, but altogether faileth in so doing, contrary, &c.

5. Offering shipwrecked Goods for Sale. (Id. s. 20.)]-did offer [or expose] for sale twenty pounds weight of indigo, of the value of fifty shillings, which are reasonably suspected to have been lately before then unlawfully taken from a certain ship, the property of a person or persons unknown, whilst the said ship was stranded and cast on shore on the sea coast in the county of aforesaid; and that the said A. B., although duly summoned by me as such justice as aforesaid, hath not appeared before me or satisfied me that he came lawfully by the said indigo,

[or that the said A. B. now appeareth before me, having been duly summoned for that purpose, but doth not show or satisfy me the said justice that he came lawfully by the said indigo],

and altogether fails in so doing, contrary, &c.

6. The variation in the General Form of Conviction (No. 40 (I. 2), ante, p. 39), for the offences described in Forms Nos. 4 and 5, supra, will be in the adjudication, " to forfeit and pay the sum of over and above the

value of the said goods so found as aforesaid, and for the said goods so found, the further sum of - to be respectively paid, &c.-Enforced by the General Form of Commitment, No. 52 (0.1), ante, p. 49.

CHAPTER III.

FORMS APPLICABLE TO THE OFFENCES, &c. TO WHICH
THE 11 & 12 VICT. C. 43 (JERVIS'S ACT), DOES
NOT EXTEND.

OBSERVATIONS.-The Forms in this Chapter relative to Summary Convictions are (with the exception of the few statements describing the Offences which it has been deemed necessary to give) taken from the Statutes giving cognizance of the particular Offences and matters, those Offences, &c., being exempted from the operation of the 11 & 12 Vict. c. 43, by sect. 35 of that Statute: but where the particular Act of Parliament does not give the required Forms (and where so given has been stated), the General Outlines in Chap. 1, ante, 23—65, may be safely used.

APPRENTICES.

The Forms under this title of the "Synopsis" will be found in Chap. II., ante, pp. 72 to 77.

BEERHOUSES.

The general and other Forms under the title "Ercise," post, p. 218, &c. will apply to the few offences under this title and chapter of the "Synopsis," p. 258.

CUSTOMS.

FORMS IN THE Schedule to 8 & 9 VICT. c. 87.

1. Information before Justices of the Peace where a pecuniary Penalty is Oke's Synop.

County of

inflicted.

day of

2nd ed., tit. in the "Smuggling,"

p. 276 to 289.

Be it remembered, that on the year of our Lord at A. B., an officer of customs, to wit. who is directed by the commissioners of her Majesty's customs to prefer this information, gives us —, two of her Majesty's justices of the peace in and for the to understand and be informed that C. D., within six months now last past, that is to say, on the

day of

-, in the year of our Lord [here state the offence], contrary to the form of the statute in that case made and provided, whereby the said C. D. hath forfeited for his said offence the sum of pounds.

at

County of

2. Warrant of Commitment to Gaol for a pecuniary Penalty. To. A. B., officer of customs, and to the gaoler or keeper of the in the . Whereas C. D. has this day been duly convicted before us, two of her Majesty's justices of the peace in and for to wit. upon the information of A. B., an officer of customs, who was directed by the commissioners of her Majesty's customs to prefer the same, for that, within six months now last past, to wit, on the day of in the year of our Lord [here state the offence as in the information]: and whereas we the said justices did adjudge that the said C. D. had forfeited for his said offence the sum of pounds, which said sum of pounds has not been paid: These are therefore to require