Page images
PDF
EPUB

was liable had been charged and paid, or secured to be paid, or such spirits had been lawfully condemned as forfeited; the said packages, for that the same then and there contained the said spirits so forfeited as aforesaid; and the said carriage and cattle, for that the same were then and there used in the removal thereof, contrary to the form of the statutes in that case made and provided, whereby and by force of the statutes in that case made and provided, the said spirits then and there became forfeited, together with the said packages containing the same, and the said carriage and cattle then and there used in the removal thereof, and the said C. D., being the person so offending, hath forfeited and lost the sum of £100, the said A. B., who sues as aforesaid, having elected and hereby electing the said penalty of £100 in lieu and instead of treble the value of such spirits, whereupon the said A. B. prayeth judgment in the premises, and that the said C. D. may be summoned to answer the said premises, and to make defence thereto.

Exhibited to and before me

the day and year first
above mentioned, E. F.

A. B.

6. Before one Justice for the Condemnation of a Seizure not claimed. County of Be it remembered, that on this [first] day of [January], in [Essex] the year of our Lord [1830], at [Chelmsford], in the county to wit. of [Essex], A. B., being one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty as for himself, exhibiteth to and before me E. F., Esquire, one of his Majesty's justices of the peace for the said county of [Essex], where the goods, commodities and chattels hereinafter mentioned were seized, an information (which same information is commenced and prosecuted by order of the commissioners of excise), and thereby informeth me, the said justice, that within four calendar months last past, to wit, on the [tenth] day of [September], in the year of our Lord [1829], at [Witham], in the said county of [Essex], one G. H., being then and there an officer of excise, did seize and arrest as forfeited, from a certain person unknown, as well to the said A. B. as to him the said G. H., a certain large quantity, to wit, [twenty] gallons of [British] spirits, contained in divers packages, to wit, [five bottles], and a certain carriage, to wit, a [cart], and certain cattle, to wit, one [mule], then and there used in the removal of the said spirits; for that the said person so unknown as aforesaid then and there knowingly had in his custody and possession the said spirits, after the same had been removed from the place where the same ought to have been charged with the duty payable in respect thereof, before either the duty to which the same was liable had been charged and paid, or secured to be paid, or such spirits had been lawfully condemned as forfeited; and for that the said packages then and there contained the said spirits so forfeited as aforesaid, and for that the said carriage and cattle were then and there used in the removal thereof, contrary to the form of the statutes in that case made and provided, whereby and by force of the statutes in that case made and provided the said spirits then and there became forfeited, together with the said packages containing the same, and the said carriage and cattle then and there used in the removal thereof, whereupon the said A. B. (no one appearing to claim the said goods, commodities and chattels so seized as aforesaid), prayeth judgment in the premises.

Exhibited to and before me,

the day and year first
above written,
E. F. S

A. B.

Exhibited be-
fore me this
[first] day of
January,
1830.]

7. Before one Justice for Recovery of Double the Value of Duties neglected to be paid.

County of Be it remembered, that on this [first] day of [January], in [Essex] the year of our Lord [1830], at [Chelmsford], in the county to wit. of [Essex], A. B., being one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty as for himself, exhibited to and before me C. D., one of his Majesty's justices of the peace for the said county of [Essex], where the offence hereinafter mentioned was committed, an information (which same information is commenced and prosecuted by order of the commissioners of excise,) and thereby informeth me the said justice, that one E. F., being before and at and after the several times, and at the place in that behalf hereinafter mentioned, a maltster and maker of malt, did within four calendar months last past, that is to say, between the [first] day of [September] now last past, and the [twentieth] day of [October] then next following, to wit, at [Chelmsford], in the said county of [Essex], make divers, that is to say, [ten thousand] bushels of malt, chargeable with certain duties of excise, payable to his Majesty, by the statutes [if duly sought to be recovered is imposed by one statute, cancel the s] in that case made and provided; and the same having been charged upon and incurred by the said E. F., he thereby became indebted to his said Majesty in the sum of [£120:10:6], which [if the payment is accelerated by a demand, insert the words "having been demanded," but if not, and the duties are payable, dash up this blank,] having been demanded according to the directions of the statute in that case made and provided, he ought, before the day of exhibiting this information, to have paid and cleared off, but hath omitted and neglected so to do, contrary to the form of the statute in such case made and provided, whereby and by force of the statute in that case made and provided, he hath forfeited double the value of the said duties, that is to say, the sum of [£120:10:6], whereupon the said A. B. prayeth judgment in the premises, and that the said C. D. may be summoned to answer the said premises, and to make defence thereto.

Exhibited to and before me,

the day and year first
above written, E. F.

A. B.

Of late a printed form of information, or rather informations, against several offenders, for several distinct offences, committed at different times, has been issued, with a form, printed on the back of one conviction against several offenders for several distinct offences. These forms may be used as minutes, and the formal convictions may afterwards be drawn up fully. But it may be safer to adopt at once separate informations and convictions, when time will allow.

See the Form of such information, infra, No. 8, and the Form of such conviction, post, No. 19.

8. Against several Persons for several distinct Offences.

County of Be it remembered, that on this [first] day of [January],
[Essex] in the year of our Lord [1830], at [Chelmsford], in the
to wit.
county of [Essex], A. B., one of his Majesty's officers of
excise, as well for his said Majesty as for himself, exhibiteth to and before
me, E. F., one of his Majesty's justices of the peace for the said county of
[Essex], wherein the several offences in the fourth column of the here-
under scheme or schedule were respectively committed, and the goods and
chattels mentioned in the fifth column of the said scheme or schedule were

seized, informations, (which same informations are commenced and prosecuted by order of the commissioners of excise,) and thereby informeth
me that within four calendar months now last past, the several and respective persons named in the first column of the said scheme or schedule,
(and who are respectively of the trade and business under and subject to the laws of excise, mentioned in the said first column, and carrying
on such trade and business respectively at the respective times and places mentioned in the second and third columns of the said scheme or
schedule,) at the several places respectively mentioned in the said second column of the said scheme or schedule, at the several times respectively
mentioned in the said third column of the said scheme or schedule, have severally and respectively been guilty of the offences in that behalf
respectively mentioned in the said fourth column, against the laws and statutes of excise; which several offences, with the several forfeitures
of goods and chattels thereby incurred, are set forth opposite to or against the names of the said several persons who have committed the said
several offences respectively mentioned in the said fourth column; and the penalties incurred by the said offences respectively are set forth in the
sixth column of the said scheme or schedule opposite to the respective offences. And thereupon the said informant, as well for his said Majesty
as for himself, prays the consideration of the premises, and that the said several and respective persons may be convicted of their said several
offences, and may be adjudged to have forfeited and to pay the said several penalties in that behalf mentioned in the said sixth column, and that
d in the said
the goods and chattels respectively mentioned in the said fifth column may, for the reasons in that behalf in the said fourth column mentioned,
remain forfeited.

[graphic]
[blocks in formation]

Gallons of.

Pounds Weight of.

Penalties in-
curred.

Day of the Month
Name of each Defen- Place where County in
dant, and his or her each Offence which each on which, and Year
in which each Of Nature of each
Trade and Business
was commit- Offence was
under and subject to
ted.
committed.
the Laws of Excise.

fence was commit-
ted.

Offence

£ S. d.

[graphic]

9. Under Beer Act, 4 & 5 Will. 4, c. 85, s. 17, for selling Beer, not having an Ercise Licence.

To C. D.

County of You are hereby to take notice that A. B., officer of excise, [Essex] having on the day of the date of this summons exhibited to to wit. and before me, E. F. Esq., one of his Majesty's justices of the peace for the said county of [Essex], at [Chelmsford], in the said county, an information by order of the commissioners of excise against you, for the forfeiture of £20 of lawful money of Great Britain, for that within four calendar months (a) now last past, to wit, on the [thirtieth] day of [October], in the year of our Lord [1835], at [North Waltham], in the said county of [Essex], you, the said [Sarah Barrett], then and there being a person not duly licensed to sell beer, cyder and perry, as the keeper of a common inn, alehouse, or victualling house, did sell a certain quantity, to wit, [one quart] of beer by retail, to be drunk and consumed in and upon your house and premises where sold, without an excise licence in force, authorizing you, the said [Sarah Barrett] so to do, contrary to the form of the statute in such case made and provided, whereby, and by force of the statute in that case made and provided, you, the said [Sarah Barrett], being the person so offending as aforesaid, hath for the said offence forfeited the sum of [£20]. And you will further take notice, that I have appointed that all parties shall be heard of and concerning the matter and matters of fact in the said information mentioned and alleged, on the [tenth] day of [January] now instant, at [eleven] of the clock in the [forenoon] of the said day, at the house of W. R., being an inn and public-house known by the sign of the [Bell], at [Chelmsford], in the said county of [Essex]; at which time and place you are hereby required to be and appear before such of his Majesty's justices of the peace for the said county as shall be then and there present and have jurisdiction to hear and determine the same, then and there to make your defence in and to the matters contained in the said information; but, though you fail therein, the said last-mentioned justices (at the time and place in that behalf before mentioned) will proceed to the examination of the matter and matters of fact in the said information mentioned and alleged, and thereupon then and there give judgment and sentence as in and by the statute in that case made and provided is directed. And I do hereby authorize and require any officer of excise to serve this summons (b), and to attend at the time and place in that behalf before mentioned, then and there to make a return of the execution hereof. Given under my hand at [Chelmsford], in the said county of [Essex], this [first] day of [January], in the year of our Lord [1830].

II. SUMMONSES, NOTICES AND SUBPOENA.

10. Formal Parts of Summons for the Recovery of a Penalty or Penalties, and the Condemnation of a Seizure, when Information exhi bited before one Justice of the Peace for the County, &c. where Offence or Offences committed (c).

To C. D. County of You are hereby to take notice, that A. B., officer of excise, [Essex] having on the day of the date of this summons exhibited to to wit. and before me, É. F., Esquire, one of his Majesty's justices

(a) This is requisite by 4 & 5 Will. 4, c. 51, s. 19.

(b) The 4 & 5 Will. 4, c. 85, s. 22, prohibits any one but a constable from serving a summons.

(c) This is required by the 7 & 8 Geo. 4, c. 53, s. 66.

of the peace for the said county of [Essex], at [Chelmsford], in the said county, an information by order of the commissioners of excise against you, for the forfeiture of the sum of [£100], and also for the forfeiture of certain goods and chattels, to wit, [fifty gallons of British spirits], for that [state the legal ground of forfeiture], and also for the forfeiture of the further sum of [£100], and also for the forfeiture of certain other goods and chattels, to wit, &c. [name them], for that [state the legal ground of forfeiture]: I have appointed that all parties shall be heard of and concerning the matter and matters of fact in the said information mentioned and alleged, on the [tenth] day of [January] now instant, at [eleven] o'clock in the [forenoon] of the said day, at the house of W. R., being an inn and public-house known by the sign of the [Bell], at [Chelmsford], in the said county of [Essex]; at which time and place you are hereby required to be and appear before such of his Majesty's justices of the peace for the said county as shall be then and there present, and have jurisdiction to hear and determine the same, then and there to make your defence in and to the matters contained in the said information; but though you fail therein, the said last-mentioned justices (at the time and place in that behalf before mentioned) will proceed to the examination of the matter and matters of fact in the said information mentioned and alleged, and thereupon then and there give judgment and sentence as in and by the statute in that case made and provided is directed: And I do hereby authorize and require any officer of excise to serve this summons, and to attend at the time and place in that behalf before mentioned, then and there to make a return of the execution hereof. Given under my hand at [Chelmsford], in the said county of [Essex], this [first] day of [January], in the year of our Lord [1830].

11. Formal Parts of Summons for the Recovery of a Penalty or Penalties, and the Condemnation of a Seizure, when before two Justices for the County, &c. where Offence or Offences committed.

To C. D.

County of You are hereby to take notice, that A. B., officer of excise, [Essex] having on the day of the date of this summons, exhibited to to wit. and before us, E. F. and G. H., Esquires, two of his Majesty's justices of the peace for the said county of [Essex], at [Chelmsford], in the said county, an information, by order of the commissioners of excise, against you, for the forfeiture of the sum of [100], and also for the forfeiture of certain goods and chattels, to wit, [fifty gallons of British spirits] for that [state the legal ground of forfeiture], and also for the forfeiture of the further sum of [£100], and also for the forfeiture of certain other goods and chattels, to wit, &c. [name them] for that [state the legal ground of forfeiture], We have appointed that all parties shall be heard of and concerning the matter and matters of fact in the said information mentioned and alleged, on the [tenth] day of [January] now instant, at [eleven] of the clock in the [forenoon] of the same day, at the house of W. R., being an inn and public-house known by the name of the [Bell], at [Chelmsford], in the said county of [Essex], at which time and place you are hereby required to be and appear before such of his Majesty's justices of the peace for the said county as shall be then and there present and have jurisdiction to hear and determine the same, then and there to make your defence in and to the matters contained in the said information; but though you fail therein, the said last-mentioned justices (at the time and place in that behalf before mentioned) Q

« PreviousContinue »