Conviction. at day BERKSHIRE, to wit: Be it remembered, that on the of —, in the year of our Lord in the said county of Berks, A. B. came before me, J. P., one of his 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 C. D., of — in the said county of Berks," [&c. as in the information, to the words] "contrary to the form of the statute in such case made and provided. Whereupon the said C. D., 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 defence alleged, that" &c. 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 E. F., a credible witness;" Or, "said that he was not guilty of the said offence, whereupon the same was fully proved on the oath of E. F., a credible witness:" Or, after the words, "being duly summond to answer the said charge," add, "did not appear before me pursuant to the said summons; but the said charge was fully proved on the oath of E. F., a credible witness]: And, therefore, it manifestly appearing to me that the said C, D. is guilty of the offence charged in the said information, I do hereby convict him of the said offence, and do adjudge that he hath forfeited the sum of ten pounds 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 day of ―, in the year of our Lord J. P. This form is given by stat. 50 Geo. 3, c. 41, s. 28. Appeal. Id. s. 27. No certiorari. Id. s. 29. Warrant of Distress, &c. Same as the forms, post, Ch. 5. Imprisonment for a time not exceeding three months, unless the penalty be sooner levied by distress, or paid. 50 Geo. 3, c. 41, s. 25, 26. 2. Hawkers trading contrary to their License. Information, Conviction, &c. Same as the forms in the last case, except as to the description of the offence, which may be thus:] "That C. D., late of the parish of in the county aforesaid, labourer, on the day of —, in the year aforesaid, being then a hawker [“ hawker, pedlar, petty chapman, or other trading person"], going from town to town," [or, "to other men's houses], and travelling on foot ["either on foot, or with horse, horses, or otherwise,"] in England, carrying to sale, and exposing to sale, divers goods, wares, and merchandizes, and a license so to do being duly granted to him, did, at in the county aforesaid," [here state the act of trading done]; " contrary to the license so granted to him as aforesaid, and otherwise than was allowed by the same; and contrary to the form of the statute in such case made and provided. Penalty, £10; 50 Geo. 3, c. 41, s. 17; half to the King, and half to the informer. Id. s. 25. 3. Not producing the License, when demanded. Information, Conviction, &c. Same as the forms in the last case but one, except as to the description of the offence, which may be thus:] "That C. D., late of the parish of, in the county aforesaid, labourer, on the day ofin the year aforesaid, at the parish aforesaid, in the county aforesaid, being then and there a hawker, and duly licensed as such, and then and there trading under and by virtue of the license in that behalf granted to him, did then and there refuse to produce and shew his said license for so trading as aforesaid unto one A. B., [constable of the parish aforesaid], although the same was then and there demanded by the said A. B., as such [constable] as aforesaid; contrary to the form of the statute in such case made and provided. Penalty, £10; 50 Geo. 3, c. 41, s. 17; half to the King, and half to the informer. Id. s. 25. 4. Packages of Hawkers not being marked. Information, Conviction, &c. Same as the forms in the last case but two, except as to the description of the offence, which may be thus:] "That C. D., late of the parish of in the county aforesaid, labourer, being a hawker and person to whom a license as a hawker, pedlar, and petty chapman was granted, under and by virtue of the statute in that behalf made and provided, and trading with and under colour of such license, did not, whilst he was so licensed and trading as aforesaid, cause to be written, painted, or printed upon a certain pack, ["pack, box, bag, trunk, case, cart," &c., see the statute,] in which he carried certain of his goods, wares, and merchandize, the words 'Licensed Hawker,' together with the number, name, or other mark, or marks of distinction written ["written or printed"] upon his said license, in manner and form as is directed by the statute in that behalf; contrary to the form of the statute in such case made and provided. Penalty, £10; 50 Geo. 3, c. 41, s. 14; half to the King, and half to the informer. Id. s. 25. 5. Persons not licensed, marking their Packages as licensed Hawkers. Information, Conviction, &c. day of Same as the forms in the first case, ante, p. 202, 203, except as to the description of the offence, which may be thus:] "That C. D., late of the parish of in the county aforesaid, labourer, on the in the year aforesaid, at the parish aforesaid, in the county aforesaid, (not being then and there a person to whom was granted any license, as a hawker, pedlar, or petty chapman, or other trading person going from town to town, or to other men's houses, and travelling either on foot, or with horse, horses, or otherwise, in England or Wales, or the town of Berwick-upon-Tweed, carrying to sale, or exposing to sale any goods, wares, or merchandize), did cause to be written ["written, painted, or printed,"] and kept and continued written upon a certain pack ["pack, bag, box, trunk, case, cart," &c., see the statute] for goods, wares, and merchandize, of him the said C. D., the words 'Licensed Hawker,' [or,' Licensed Pedlar']; contrary to the form of the statute in such case made and provided. Penalty, £10; 50 Geo. 3, c. 41, s. 15; half to the King, and half to the informer. Id. s. 25. HIGHWAYS. 1. Not performing Statute Duty. Information. MIDDLESEX, to wit: Be it remembered, that on the day of, in the year of our Lord , A. B. of in the said county, informeth and maketh oath before me, J. P., one of his Majesty's justices of the peace for the said county, that C. D. of in the said county, on the day of in the in the year aforesaid, at the parish of said county, being then and there a person liable to perform duty on the highways within the said parish, and being then and there required, by due notice and summons to him given by the surveyor of the said highways in that behalf, to [send a team, with two able men, to, within the said parish, on, to perform such duty upon the said highways, as should be required by the said surveyor], did not send the said team and men to the place and at the time appointed and directed by the said notice, but altogether neglected and made default in sending the same; contrary to the form of the statute in that case made and provided, which hath imposed a forfeiture of for the said offence. A. B. Taken and sworn, the day of in the year afore said, before me, J. P. This form is given by stat. 13 Geo. 3, c. 78, sch. No. 34. Penalty, double the amount of the composition for such statule duty as is neglected. 54 Geo. 3, c. 109, s. 7. Recovery and application of penalties. 13 Geo. 3, c. 78, s. 72. Conviction. MIDDLESEX: Be it remembered, that on the in the year of our Lord at day of. in the county aforesaid, A. B. came before me, J. P., esquire, one of his Majesty's justices of the peace for the said county, and informed me that C. D. of. in the said county, on " [&c. as in the information, `to the words] "contrary to the form of the statute in that case made and provided. Whereupon the said C. D., after being duly summoned to answer the said charge, appeared before me, J. P., on the day of aforesaid, at in the said county, and having heard the charge contained in the said information, declared that he was not guilty of the said offence; but the same being fully proved upon the oath of E. F., a credible witness, it manifestly appears to me, the said justice, that he the said C. D. is guilty of the offence charged upon him in the said information: It is therefore considered and adjudged by me, the said justice, that the said C. D. be convicted, and I do hereby convict him of the offence aforesaid; and I do hereby declare and adjudge that he the said C. D. hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, [being twice the amount of the composition for such statute duty so neglected as aforesaid], to be distributed as the law directs, according to the form of the statute in that case made and provided. Given under my hand and seal, the day of in the year of our Lord Or if the party refuse to appear upon summons, or to make defence, then, after the words, "being duly summoned to answer to the said charge," insert, "did neglect to appear before me, pursuant to the said summons; [or, "did neglect and refuse to make any defence against the said charge]; but the same being fully proved" &c. ut supra. 66 Or if the party confess the charge, then, after the words, "contained in the said information," insert, acknowledged and voluntarily confessed the same to be true; and it manifestly appears to me the said justice" &c. ut supra. This form is given by stat. 13 Geo. 3, c. 78, sch. No. 35. Recovery and application of penalties. 13 Geo. 3, c. 78, s. 72. Appeal. Id. s. 80. No certiorari. Id. Inhabitants of the parish, competent witnesses. 1d. s. 76. Order for Payment of the Penalty. in the county of Middlesex, To C. D. of the parish of farmer. MIDDLESEX: Whereas you the said C. D. were this day duly convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that you, the said C. D., on " [&c. as in the conviction, to the words] "contrary to the form of the statute in that case made and provided; and I did thereupon declare and adjudge that you, the said C. D., had forfeited the sum of for the offence aforesaid. I do therefore hereby order you, the said C. D., within six days from the date hereof, to pay unto J. S., the surveyor of the said highways, the said sum of to be by him disposed of as the law directs, otherwise a warrant of distress shall issue for the levying of the same. Given under my hand, the year of our Lord day of in the J. P. To be served upon the defendant six days at least before any warrant of distress shall issue. 13 Geo. 3, c. 78, s. 73. |