cellar of the said house: And this deponent lastly says, that he believes the said information is true. Sworn at Maidstone, the [fifth] day of [April, 1828], before me 37. Search Warrant. County of Whereas W. L., officer of excise, hath this day made oath [Kent] before me, one of his Majesty's justices of the peace in and to wit for the county of [Kent], that he hath cause to suspect, and that he doth suspect, that (a) a large quantity of British spirits, the same being goods and commodities forfeited under and by virtue of a certain act of parliament relating to the revenue of excise, are deposited and concealed in and about the house of W. M., and the yards, gardens, buildings and outhouses thereunto belonging, situate at [Wrotham] in the said county of [Kent], yeoman, setting forth in and by his said oath the ground of his suspicion, and the same appearing to me to be reasonable ground of suspicion, I, therefore, by virtue of the power and authority to me given, do judge it reasonable, and do by this present warrant under my hand, authorize and empower the said W. L., by day or by night (but if between the hours of eleven of the clock at night and five in the morning, then in the presence of a constable or other lawful officer of the peace), to enter into every place in and about the said house, yards, gardens, buildings and outhouses thereunto belonging, and to seize and carry away all such (a) large quantity of British spirits, and all other goods and commodities so forfeited as aforesaid that he shall there find deposited and concealed, and all constables, and other his Majesty's officers, are hereby authorized and required to be aiding and assisting to him in the execution hereof, and for so doing this shall be to him and every of them a sufficient Given, &c. warrant. FACTORIES. I. Forms in the Schedule to 3 & 4 Will. 4, c. 103. I. FORMS IN THE SCHEDULE TO 3 & 4 WILL. 4, c. 103. [town 1. Conviction. day of County of Be it remembered, that on the (a) Insert the articles suspected to be deposited. (b) By sect. 45 of 7 Vict. c. 15, the conviction must be before two or more justices; but the warrant of distress may be issued by one, as well as the com mitment in default, 2. Warrant to distrain for Forfeiture. To the constable, &c. County of } Whereas A. B., of in the said county, is this day convicted before me, C. D., one of her Majesty's inspectors to wit. of factories [or justices of the peace (a) in and for the said county], upon the oath of a credible witness [or upon my own view, as the case may be], for that he the said A. B. hath [here set forth the offence, describing it particularly in the words of the statute or rule, as near as can be], contrary to the statute [or rule, if the offence is against some rule or regulation, or order of an inspector], in that case made and provided, by reason whereof the said A. B. is adjudged to have forfeited the sum of £, to be distributed as hereinafter mentioned: These are therefore, in her Majesty's name, to command you to levy the said sum of £- by distress of the goods and chattels of him the said A. B.; and if within the space of four days next after such distress by you taken, the said sum of £, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels by you so distrained, and out of the money arising by such sale that you do pay [according to the award of the justice], returning the overplus, on demand, to him the said A. B., the reasonable charges of taking, keeping, and selling the said distress being first deducted; and if sufficient distress cannot be found of the goods and chattels of the said A. B. whereon to levy the said sum of £, that then you certify the same to me, together with this my warrant. Given under my hand and seal, the day of C. D. 3. Return of Constable upon Warrant of Distress where no Effects. I, A. B., constable of in the county of, do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within named -9 and that I can find no sufficient goods whereon to levy the same. As witness my hand, the day To the constable of, in the county of, and to the keeper of the common gaol [or house of correction] at county. County of Whereas A. B., in the said of -, in the said county, was, on the convicted before me, C. D., Esquire, to wit. one (a) of her Majesty's justices of the peace in and for the said county [or inspector of factories, as the case may be], upon the oath of a credible witness [or upon my own view, as the case may be], for that he [here set forth the offence], contrary to the statute made in the year of the reign of his Majesty King William the Fourth, for [according to the title of the act, or contrary to a certain rule or order or regulation of her Majesty's inspectors of factories]; and the said A. B., by reason thereof, hath been adjudged to forfeit and pay the sum of -: And whereas on the day of in the year aforesaid, I did issue my warrant to the to levy the said sum of by distress and sale of the goods and chattels of him the said A. B., and to distribute the same as in my said warrant was mentioned: And whereas it duly appears to me, upon the oath of the said constable, that he hath used his best endeavours to levy the said sum on the goods and chattels of the said A. B., but that constable of (a) See note (b), ante, p. 246. no sufficient distress can be had whereon to levy the same: These are therefore to command you, the said constable of aforesaid, to apprehend A. B., and him safely to convey to the common gaol [or house of correction] at -, in the said county, and there deliver him to the keeper thereof, together with this precept; and I do also command you, the said keeper, to receive and keep in your custody the said A. B. for the space of unless the said sum shall be sooner paid, pursuant to the said conviction and warrant; and for so doing this shall be your sufficient Given under my hand and seal, the warrant. day of C. D. II. FORMS IN THE SCHEDULE TO 7 VICT. c. 15. 5. Summons to be issued by an Inspector or Sub-Inspector against a Person who has committed an Offence, (s. 50, and see s. 46 as to Justice's Summonses.) To the constable of County of at Whereas it appeareth to me, I. F., one of her [or borough Majesty's inspectors [or sub-inspector] of factories, that of —.] A. D., of -, in the county [or borough, &c.] of hath offended against the act made in the year of her Majesty's reign, intituled [here set forth the title of this act (a)], forasmuch as he the said A. D, on the day of in the year of our Lord, in the county [or borough, &c.] of, did [here set forth the substance of the charge]: These, therefore, are to require you forthwith to summon the said A. D. to appear before such two or more of her Majesty's justices of the peace acting in and for the county [or borough, &c.] of who shall be present at in the county [or borough, &c.] of on the at the hour of in the noon of the same day, to answer to the said charge, and to be further dealt with according to law. And be you then there to certify what you have done in the premises. Herein fail not. Given under my hand, this day of in the year of our Lord, (Signed) day of I. F., Inspector [or Sub-Inspector.] 6. Summons of a Witness to be issued by an Inspector, or Sub-Inspector. To the constable of. County of of as the said A. D., on the at (Id.) day of Whereas it appeareth to me, I. F., one of her boroug Majesty's inspectors [or sub-inspector] of factories, that A. D., of -, in the county [or borough, &c.] of hath offended against the act made in the year of her Majesty's reign, intituled [here set forth the title of this act (a)], forasmuch in the year of our Lord, in the county [or borough, &c.] of did [here set forth the substance of the charge], and that B. P., of in the county [or borough, &c.] of - is a material witness to be examined concerning the said charge: These, therefore, are to require you forthwith to summon the said B. P. to appear before such two or more of her Majesty's justices of the peace acting in and for the county [or borough, &c.] of as shall be present at in the county [or borough, at the hour of &c.] of -, on the day of in the -noon of the same day, to testify his knowledge concerning the premises. And be you then there to certify what you have done in the (a) "An Act to amend the Laws relating to Labour in Factories." Be it remembered, that on the County of [liberty or borough day of in the year one thousand eight hundred as the case may be.] and A. B. [describe the offender] is convicted before us, I. P. and K. Q., two of her Majesty's justices of the peace for the county [liberty or borough, as the case may be] of pursuance of an act passed in the year of the reign of Queen Victoria, intituled [here insert the title of this act (a)], for that he [describe the offence.] Given under our hands and seals, the day and year above writtten. —, in day of 1. Conviction given in s. 28 of 50 Geo. 3, c. 41.]-Be it remembered, that on the in the year of our Lord, at ———, in the county of A. B. came before me, C. D., one of her Majesty's justices of the peace for the said county, residing near the place where the offence hereinafter mentioned was committed, and informed me that E. F., of in the said county of [here set forth the fact for which the information is laid], whereupon the said E. F., being duly summoned to answer the said charge, appeared before me (and, having heard the charge contained in the said information, acknowledged and voluntarily confessed the facts therein stated to be true), but in his [or her] defence alleged [here setting forth the substance of the defence], or voluntarily confessed the said charge to be true, or did not make any defence against the said charge, whereupon the same was fully proved on the oath of G. H., a credible witness, or said that he [or she] was not guilty of the said offence, whereupon the same was fully proved, on the oath of G. H., a credible witness [or as the case may be, or did not appear before me pursuant to the said summons, but the said charge was fully proved, on the oath of G. H., a credible witness [or as the case may be], and therefore it manifestly appearing to me that the said E. F. is guilty of the offence charged in the said information, I do hereby convict him [or her] of the said offence, and do adjudge that he [or she] hath forfeited the sum of or his [or her] licence, and the sum of of lawful money of Great Britain, to be distributed as the law directs, according to the form of the statute in such case made and provided. Given under my hand and seal, the 2. Licensed Person not having Name on Packages, &c. (50 Geo. 3, c. 41, s. 14.)]-being then and there a person to whom was granted a (a) See note (a), ante, p. 248. Oke's Synop. 2nd ed. p. 262. Offence 1. Oke's Synop. licence to travel and trade as a hawker, pedlar and petty chapman, under 2nd ed. p. 262. and by virtue of the statute in such case made and provided, and who then and there did so trade with and under colour of such licence,* did not cause to be written, painted or printed upon a certain pack [or box, bag, truck, case, cart, waggon, vehicle or conveyance], in which he then and there carried his goods, wares and merchandize, the words "Licensed Hawker," together with the number, name or other mark or marks of distinction written or printed upon his said licence as aforesaid, but therein then and there, and whilst he was so licensed as aforesaid, made default, contrary, &c. Id. Offences 2, 3. Id. Offence 4. Id. Offence 5. Id. Offence 6. Id. Offence 7. upon 3. Persons not licensed having words " Licensed Hawker" Puck. (Id. s. 15.)]—not being then and there a person to whom was granted a licence to travel and trade as a hawker, pedlar, or petty chapman, under or by virtue of the statute in such case made and provided*, did unlawfully write [or paint, or print] [or did unlawfully cause to be written [or painted, or printed]], on a certain pack [or bag, box, truck, case, cart, waggon, vehicle, or conveyance], in which he then and there carried his goods, wares and merchandize, the words "Licensed Hawker," contrary, &c. 4. The like, containing same words on Pack, &c. (Id. s. 15.)]—Proceed to the asterisk* in last form, then :-did unlawfully keep and continue written [painted or printed] on a certain pack, &c. [conclude as in last form]. 5. Trading without Licence. (Id. s. 17.)]-being then and there a hawker, pedlar and petty chapman, and then and there travelling on foot [or with a horse], and going from town to town [or to other men's houses], did then and there trade as such hawker, pedlar or petty chapman, and did then and there carry to sell, and expose to sale [or did then and there sell to one E. F. for the sum of -] certain goods, wares and merchandize, to wit, divers watches [or as the case may be], without any licence to him before then granted in that behalf, contrary, &c. 6. Trading contrary to Licence. (Id. s. 17.)]-Proceed to the asterisk * in Form No. 2, supra, then :—did then and there trade contrary to the terms of the said licence in this, to wit, by then and there [here state the act done], contrary, &c. 7. Refusing to produce Licence. (Id. s. 17.)]-Proceed to the asterisk in Form No. 2, supra, then :-did not then and there produce and show his said licence to one [or the said] C. D., upon demand being then and there made for that purpose, by the said C. D. to the said A. B., he the said C. D. being then and there a person duly authorized and appointed to demand such licence by two of the commissioners for licensing hawkers, pedlars and petty chapman, for the time being, under their hands and seals, and produced to the said A. B. [or he the said A. B., being then and there a constable and peace officer for the said [county] of -] [or he the said C. D., being then and there a person to whom the said A. B. did then and there offer goods to sale, to wit, a gold ear-ring] but the said A. B. then and there unlawfully refused to produce or show the same licence to him the said C. D., contrary, &c. |