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PERKINS  LIBRARY 

Uuke   University 


Kare  Dooks 


rl 


c^./^^ 


^eobantii  273 

2.  This,  altho' it  be  not  properly  homicide,  norpunifliable  as  4  ^ 
crime,  yet  is  taken  notice  of  by  the  law,  as  hr  as  the  nature  of  the  ^^ 
thing  will  bear,  in  order  to  raife  the  greater  abhorrence  of  mur-              ^SR>. 
der:  And  the  unhappy  inftrument  or  occafion  of  fuch  death,  is              iVt^ 
called  a  decdand  (dco  dundum),  and  forfeited  to  the  king,   \o  be  dif-      r\  ^^  /  "Z  'i 
pofed  of  to  pious  ufes  by  the  king's  almoner  ;  as  alfo  are  all  fuch      W  Y   \S  -^  ^ 
weapons  whereby  one  man  kills  anorhcr.   3  Injh  57.    i  Bu^v.  66.      ^ 

3.  it  feems  clearly  fettled,  contrary  to  the  former  opinions,  that  .    "1 
a  horfe,  or  the  like,  killing  an  infaiii  within  the  age  of  difcretion,         ^"  — '— 
is  as  much  forfeited  as  if  he  were  of  age.      i  Hanu.  66.                            r^  l^ 

4.  Alfo,  it  was  anciently  holden,  x\\z\.\.\i\v\^%  fixed  to  a  freehold^  • 
as  the  wheel  of  a  mill,  or  a  bell  hanging  in  the  ileeple,  may  be 
deodands ;    but  by  the  latter  refolutions  they  cannot,  unlefs  they 
were  fevered  before  the  accident  happened       i  //..iv.  Gd. 

5.  It  is  agreed  by  all,  that  ^  Jhip  in  fait  water,  from  whch  a 
man  falls  and  is  d' owned,  is  not  forftited,  becaufe  perrous  at  fea 
are  continually  expoled  to  io  many  perils,  that  the  law  imputes 
not  fuch  misfortunes  to  the  fhip.  Alio  it  feems  clear,  that  when 
a  man  riding  on  a  horfe  over  a  river,  is  drowned  thro'  the  vicknce 
of  the  dream,  the  horfe  is  not  forfeited,  becaufe  not  that,  but  the 
Water  caufcd  his  death.  But  it  is  faid,  that  a  fh  p,  by  a  fall  from 
which  a  man  is  drowned,  in  the  frefh  water,  Iha'l  be  forfeited, 
but  not  the  merchandize  therein ;  becaufe  they  no  way  contribute 
to  h'~  death.  And  by  the  fame  reafon  it  feems,  that  if  a  man 
riding  on  the  /hafcs  of  a  waggon,  fall  to  the  ground  and  break  his 
tieck,  the  horfes  and  waggon  only  are  forfeited,  and  not  the  load- 
ing, becaufe  it  no  way  contributed  to  his  death  ;  lor  which  caufe, 
where  a  thing  not  in  motion  caufes  a  man's  death,  that  part  there- 
of only,  which  is  the  immediate  caufe,  is  forfeited.  As  where 
one  climbing  upon  the  wheel  of  a  cart,  wh'le  it  flands  ftill,  falls 
from  it,  and  dies  of  the  fall,  the  Wheel  only  is  rorteited  :  But  if 
he  had  been  killed  by  a  bruife  from  one  of  the  wheels  being  in 
motion,  the  loading  alfo  woula  have  been  forfeited,  becaufe  the 
weight  thereof  maae  the  hurt  the  greater ;  and  it  is  a  general  rule, 
that  wherever  the  thing  which  is  the  occafion  of  a  man's  death  is 
in  motion  at  the  time,  not  otily  that  part  thereof  which  imme- 
diately wounds  him,  but  all  things  which  move  together  with  it, 
and  help  to  ma.ke  the  wound  more  dangerous,  are  forfeited  alfd. 
I  Haix:.  66. 

6.  Thus  a  cart  met  a  waggon  loaded  upon  the  road,  and  the  cart 
endeavouring  to  pafs  by  the  waggon,  was  driven  upon  ah  high 
bank  and  overturned,  and  threw  a  perfon  that  was  in  the  cart,  jull 
before  the  wheels  of  the  waggon,  and  the  waggon  ran  over  him 
and  killed  him ;  it  was  refolv^  in  this  cafe,  that  the  cart,  wag- 
gon, loading,  and  all  the  horfes  were  deodands>  becaufe  they  all 
moved  to  the  death,      i  Salk.  220. 

7.  If  a  weight  of  earth  fall  upon  a  worker  in  a  mine,  arid  kill 
him ;    the  weight  of  earth  is  forfeit,  and  not  the  whole  mine. 

t  H.  H.  4?,o. 

8.  In  all  thefecafesi  if  the  party  wounded  die  not  of  his  wound. 
Within  a  year  and  a  day  after  he  received  it,  there  fhall  be  notning 
iorfbited  ;  for  the  law  doth  not  look  on  fuch  a  wouod  as  the  caufe 

vo..  I.  T   104840  " 


2  74  SDiffetitctS. 


of  a  man's  death,  after  which  he  lives  fo  long:  But  if  the  party 
die  within  that  time,  the  forfeiture  Ihall  have  relation  to  the  wound 
given,  and  cannot  be  faved  by  any  alienation  or  other  aft  whatfo- 
ever  in  the  mean  time,      i  Haiv.  67. 

9.  However  nothing  can  be  forfeited  as  a  deodand,  nor  feized 
as  fucli,  till  it  be  found  by  the  coroner's  inqueft  to  have  caufed  a 
man's  death  ;  but  after  fuch  inquifition,  the  fheriiF  is  anfwerable 
for  the  value  of  it,  and  may  lev}'  the  fame  on  the  town  where  it 
fell,  and  therefore  the  inqueft  ought  to  find  the  value  of  it. 
X  Haiv.  67. 

10.  And  if  the  coroner  omits  his  duty  in  this  cafe,  the  inquifi- 
tion may  be  made  by  the  commifiioners  of  gaol  delivery,  oyer, 
and  terminer,  or  of  the  peace,     i  H.  i/.  419. 

Dke.    See  ^tamp<?* 


/.  Protejiant  dijfenters  exempted  from  certain  penal- 
ties by  the  a^  of  toleration. 

II.  Protejiant  dijfenters  intitled  to  certain  privileges 

by  the  aSl  of  toleration. 

III.  Laws  againjl  diffenters  not  altered  by  the  a5l 
of  toleration. 

IV.  La'-jos  relating  to  protejiant  dijfenters  madefince^ 
the  a£f  of  toleration. 

Protefiant  dijfenters  exempted  from  certain  penalties 
by  the  aEl  of  toleration. 


7 


1 .  \S  toall  protejiant  dijfenters  in  general.  Againft  whom  the 
_/~\  feven  following  ftatutes  have  been  enafted  : 
(i)  ^y  the  I  El.  c.  2.  f.  14..  Every  perfon  not  having  reafon- 
able  exciife,  (hall  refort  to  their  parifn  church  or  chapel,  or  upon 
reafonable  let  thereof,  to  forae  ufual  place  where  common  prayer 
iTiall  be  ufed,  on  .every  Sunday  and  holiday  ;  on  pain  of  punifli- 
ment  by  the  ce/ifures  of  the  church,  or  of  forfeiting  for  every 
offence  1  2  rl. 

(2)  By  the  23  El.  c.  i.  Every  perfon  above  the  rge  of  16, 
uho  (hall  not  repair  to  forae  church,  or  chapel,  or  ufuJ  p'ace  of 
common  prayer,  fhall  forfeit  for  every  month  zcL  And  if  he 
Ihall  forbear  for  1 2  months  he  fliall  be  bound  to  the  good  beha- 
viour till  he  conform. 

And 


104840 


^iKtnttts.  275 


And  if  any  perfon  fhall  keep  a  fchoolmafter,  who  fhall  not  re- 
pair to  church,  or  be  allowed  by  the  bifhop,  he  Ihali  forfeit  10/. 
a  month,  and  the  fchoolmafter  fhall  be  imprifoned  for  a  year. 

(3)  By  the  29  E/.  c.  6.  Every  offender  in  not  repairing  to 
church,  having  been  once  convided,  fhall  without  any  other  in- 

»  didlment  or  conviflion,  pay  half  yearly  into  the  exchequer  20/. 
for  every  month  afterwards,  until  he  conform ;  which  if  he  Ihall 
omit  to  do,  the  king  may  feize  all  his  goods,  and  two  parts  of 
Jiis  lands. 

(4)  And  by  i  J.  c.  4.  The  king  may  refufe  the  20  /.  a  month, 
and  take  two  parts  of  the  land,  at  his  option. 

And  any  perfon  retaining  or  keeping  in  his'houfe  any  fervant. 
Or  other,  who  Ihall  not  repair  to  church,  fhall  forfeit  10/.  a 
jnonth. 

(5)  And  by  the  i  J.  c.  5.  No  recufant  in  not  repairing  to 
church,  being  convided  thereof,  fhall  enjoy  any  publick  office, 
or  fhall  pradtife  law  or  phyfick,  or  be  executor,  adminiflrator,  or 
guardian. 

And  if  any  psrfons  fhall  fend  their  children  over  feas  for  educa- 
tion, they  fhall  forfeit  ico/.  and  fuch  child  be  difabled  to  inherit, 
or  take  any  benefit  by  gift,  conveyance^  or  devife. 

(6)  And  by  the  35  £/.  c.  \.  If  any  perfon  refufing  to  repair  to 
church,  fhall  be  prefent  at  any  afTembly,  meeting,  or  conventicle, 
under  pretence  of  any  exercife  of  religion,  he  fhall  be  imprifoned 
till  he  conform  ;  and  if  he  fhall  not  conform  in  three  months,  he 
(hall  abjure  the  realm  ;  which  if  he  fhall  refufe  to  do,  or  after  ab- 
juration fhall  not  go,  or  fhall  return  without  licence,  he  fhall  be 
guilty  of  felony  without  benefit  of  clergy.  And  whether  he  fhall 
abjure  or  not,  he  fhall  forfeit  his  goods,  and  fhall  forfeit  his  lands 
during  life. 

(7)  And  by  the  22  C  2.  c.\.  If  any  perfon,  being  fixteen 
years  of  age,  fhall  be  prefent  at  any  conventicle  or  meeting,  un- 
der pretence  of  any  exercife  of  religion,  in  other  manner  than 
according  to  the  liturgy  and  praftice  of  the  church  of  England^ 
at  which  there  fnall  be  five  perfons  or  more  afTembled,  befides 
thofe  of  the  houfhold,  if  it  be  in  an'  houfe  where  there  is  a  fa- 
mily ;  or  if  it  be  in  a  houfe,  field,  or  place,  where  there  is  no 

family,  then  where  any  five  perfons  or  more  are  fo  alTerflbled, • 

every  julbce  of  the  peace  before  whom  iaformation  fhall  be 
made,  fhall  (on  pain  of  ico/.  half  to  the  informer)  on  proof 
by  confefCon,  or  oath  of  tv/o  witnefTes,  or  the  notorious  evidence 
of  the  fadl,  make  a  record  thereof  (which  fhall  be  afterwards 
certified  to  the  fcfEons),  which  record  fhall  be  a  full  conviction  : 
Whereupon  he  fhail  impofe  upon  every  offender  a  i:ne  of  5  s.  for 
the  firft  offence,  and  for  every  other  offence  loj.  to  be  levied  by 
diftrefs  ard  fale  of  the  goods  of  the  offender,  or  in  cafe  of  the 
poverty  of  fuch  offender,  upon  the  goods  of  any  other  perfon 
then  convicted  of  the  hke  offence,  fo  as  the  fura  to  be  levied 
on  any  one  perfon  in  cafe  of  the  poverty  of  other  offenders 
amount  not  in  the  vjiole  to  above  10 1,  on  occafion  of  any  one 
meeting  ;  one  third  to  the  king,  one  third  to  the  poor,  and  one 
third  to  the  informer  and  to  fuch  perfons  as  the  jjftice  fhall  ap- 

T  i  point. 


276  SDilTentetS. 


f  oint,  having  regard  to  their  diligence  in  difcovering,  dlfperfing, 
and  punifliing  of  the  faid  conventicles. 

And  every  perfon  who  fhall  fuffer  any  fuch  meeting  in  his  houfe, 
outhoufe,  barn,  or  backfide,  (hall  forfeit  20  /.  in  like  manner ; 
and  in  cafe  of  his  inability,  it  fhall  be  levied  on  the  goods  of  fuch 
perfons  who  fliall  be  convi(5led  of  being  prefent. 

If  the  penalty  exceeds  10/.  an  appeal  lies  to  the  feffiotis.  And 
if  the  party  is  there  found  guilty  by  a  jury,  he  (hall  pay  treble 
cofts.  And  no  other  court  whatfoever  (hall  intermeddle,  but  the 
quarter  fefHons  only. 

And  juftices  and  conftables  may  vvith  what  force  they  think 
fit,  upon  refufal  to  open,  break  open  doors  where  they  (hall  be 
informed  fuch  conventicle  is,  ard  take  the  o(Fendets  into  cuftody. 
And  on  certificate  from  any  juflicc  of  the  peace  of  his  particular 
information  or  knowledge  of  fuch  unlawful  meeting,  and  that  he 
is  not  able,  with  fuch  afTiftance  as  he  can  get,  to  fupprefs  the 
fame ;  any  commi(rioned  officer  of  the  militia,  or  other  his  ma- 
jefty's  forces,  with  fuch  troops  or  companies  of  horfe  and  foot, 
and  alfo  the  (herifF,  and  other  minillers  of  j  jflice,  with  fuch  other 
a(riftance,  as  they  fhall  think  meet,  or  can  get  in  readinefs  with 
the  fooneft,  (hall  repair  to  the  place,  and  by  the  beft  means  they 
tan,  (hall  dilTolve,  dilTipate,  and  prevent  fuch  meeting,  and  take 
the  offenders  into  cuftody. 

Thus  flood  the  laws  at  the  revolution. 

Now  by  the  aforefaid  ad  of  toleration,  m.ade  in  the  firft  year 
of  William  and  Mary,  it  is  enafled,  that  neither  the  ftatutes  afore- 
faid, ror  any  other  made  againft  papifts  and  popifli  recufants  (ex- 
cept the  ftatutes  of  the  25  C.  2.  c.  2.  and  the  30  C  2.  Jl.  2.  c.  i. 
hereafter  mentioned)  fnall  extend  to  any  perfon  difTenting  from  the 
church  of  England,  who  fliall  be  qualified  in  the  manner  fol- 
lowing ; 

( 1 )  They  fhall  at  the  general  feflions  of  the  peace,  take  the 
oaths  of  allegiance,  fupremacy,  and  abjuration  (i  G.  c.  13). 

(2)  They  fhall  alfo  there  make  and  fubfcribe  the  declaration  of 
the  30  C  2.  ft.  2.  f.  I.  againft  popery. 

(3)  The  place  of  meet}\;ig  (hall  be  certified  to  the  bifhop  of 
the  diocefe,  or  to  the  archdeacon  of  the  archdeaconry,  or  to 
the  juftices  of  the  peace  at  the  general  or  quarter  feffions,  and 
regiftred  in  tlie  faid  bifhop's  or  archdeacon's  court,  or  recorded 
at  fuch  fefTions.  And  the  regifter,  or  clerk  of  the  peace,  fhall 
regifter  or  record  the  fame,  and  give  certificate  thereof  to  any 
xvho  (hall  demand  it,  for  which  no  more  fhall  be  taken  than 
fixpence. 

(4.)  The  doors  of  the  place  where  they  meet  fhall  not,  during 
fuch  time  of  their  meeting,  be  locked,  barred,  or  bolted. 

(5)  They  fhall  not  in  writing  deny  the  doflnne  of  tlie  blefTed 
trinity. 

2.  What  hath  hitherto  been  obferved,  tegardeth  all  proteftant 
diiiiT.ierc  in  general.    1'here  are  bclidcs  certain  oclier  laws,  which 

concern 


SXftmtns,  277 


concern  their  tealhers  and  preachers  only.     Which  are  thefe  three 
that  follow  ; 

(i)  By  the  17  C.  2.  c.  2.  No  perfon,  who  fliall  take  upon  him 
to  teach  or  preach  in  any  meeting  or  conventicle,  under  pretence 
of  any  exercife  of  religion,  (hall,  unlefs  only  in  paffing  upon  the 
road,  or  unlefs  required  by  legal  procefs,  come  within  five  miles 
of  a  city,  town  corporate,  or  borough  ;  nor  fhall  be  fchoolmafter, 
or  take  any  boarders  or  tablers  to  be  inftrudled  by  himfelf  or  any 
other,  without  taking  an  oath  of  allegiance  therein  mentioned,  on 
pain  of  40  /.  one  third  to  the  king,  one  third  to  the  poor,  and 
one  third  to  him  who  fliall  fue  in  the  courts  at  Vl'ejlminfier,  affizes, 
or  feflions.  And  two  jufiices,  on  oath  of  the  offence,  may  com- 
mit them  for  fix  months. 

(2)  And  by  the  22  C  2.  c  1.  If  any  perfon  Ihall  take  upon 
him  to  preach  or  teach  in  any  meeting  or  conventicle,  in  other 
manner  than  according  to  the  pradice  of  the  church  of  England, 
he  fhall  forfeit  for  the  firft  offence  20  /.  and  for  every  other  offence 
40/.  And  if  he  be  a  ftranger,  or  in  the  judgment  of  the  juftice 
of  the  peace  before  whom  he  is  convifted,  unable  to  pay,  it  may 
be  levied  on  the  goods  of  any  perfon  prelent. 

(3)  And  by  the  13  fif  14C.  2.  c.  4.  /.  14.  No  perfon  fhall 
prefume  to  confecrate  and  adminifter  the  facrament  before  he  be 
ordained  priell,  according  to  the  form  and  manner  of  the  church 
of  Englajid. 

Now  by  the  aforefaid  z^  of  toleration,  it  is  provided,  that  no 
perfon  diffenting  from  the  church  of  England,  in  holy  orders,  or 
pretended  holy  orders,  or  pretending  to  holy  orders,  nor  any 
preacher  or  teacher  of  any  congregation  of  diffenting  proteftants, 
fhall  be  liable  to  any  of  the  aforefaid  penalties,  who  fhall  be  qua- 
lified as  follows  : 

( 1 )  He  fhall  at  the  feffions  take  the  oaths  aforefaid. 

(2)  He  fhall  there  make  and  fubfcribe  the  declaration  of  the 
30  C  2.  fi.  2.  r.  I. 

(3)  He  fhall  there  alfo  declare  his  approbation  of,  and  fubfcribe 
the  39  articles,  except  the  34th,  35th  and  36th  (concerning  the 
quality,  examination,  and  fubfcription  of  fuch  as  are  to  be  made 
miniflers),  and  except  thefe  words  of  the  20th  article,  iv's;  {the 
church  hath  pciuer  to  decree  rites  or  ceremonies,  and  aut  rarity  in 
controwrjies  of  faith,  and  yet']-.  AH  which  fhall  be  entred  of  re- 
cord in  court ;  for  which  the  clerk  of  the  peace  fhall  have  6  d, 
and  no  more. 

(4)  The  place  for  worfhip  fhall  be  certified  as  before. 

(5)  The  doors  of  the  place,  where  he  fhall  preach  or  teach, 
fhall  not  be  locked,  barred,  or  bolted. 

(6)  He  fhall  not  deny,  in  his  preaching  or  teaching,  the  doc- 
trine of  the  bleffed  trinity. 

3.  Furthermore,  there  are  bcfides  the  aforefaid  general  Iaws» 
certain  other  penjil  laws,  affedting  the  quakers  in  particular :  name- 
ly, thefe  twoi 

T  5  (I)  By 


27  s  SDiffenterg. 


(t)  I3y  the  5  El.  e.  \.  If  any  perfon  fhall  refufe  to  take  tht 
oaths  of  allegiance  and  fupremacy,  duly  tendred,  he  (hall  incur  a 
■pramunire. 

(2)  And  by  the  1  3  {ff  14  C.  2.  <".  I.  If  any  perfon,  who  (hall 
maintain  that  the  taking  of  an  oath  is  unlawful,  fhall  refufe  an 
oath  duly  tendred,  he  fhall  forfeit  a  fum  not  exceeding  5  A  for  the 
firft  offence,  i  o  /.  for  the  fecond,  and  for  the  third  fhall  abjure  the 
realm  or  be  tranfported. 

But  now  by  the  adl  of  toleration,  quakers  fhall  be  difcharged 
of  the  penalties  of  thefe  laws,  and  of  all  others  made  againfl  po- 
pifli  recufants,  or  proteftant  non-conformifts,  and  fliall  enjoy  all 
other  benefits,  under  the  like  limitations,  which  any  other  diffen- 
ters  enjoy,  on  their  qualifying  themfelves  in  the  fame  manner  as 
other  diitenters ;  except  that  inftead  of  the  oaths  at  feffions,  they 
ihall  be  allowed  to  make  and  fubfcribe  a  declaration  of  fidelity, 
and  take  the  efFe6l  of  the  abjuration  oath,  and  to  fubfcribe  a  pro- 
feffion  of  their  chrillian  belief  (all  of  which  are  inferted  linder  title 
•iPatbc.} 

4.  And  as  to  avahaptijls  in  particular,  it  is  enabled  by  the  faid 
aft  of  toleration,  that  whereas  fome  diffenting  proteftants  fcruple 

the  baptizing  of  infants, Every  perfon  in  pretended  holy  orders, 

or  pretending  to  holy  orders,  or  preacher,  or  teacher,  that  fhall 
take  the  oaths,  and  make  and  fublcribe  the  declaration,  and  fub- 
fcribe the  39  articles,  except  as  in  the  cafe  of  other  diffenting 
teachers  as  before,  and  except  alfo  part  of  the  27th  article  touch- 
ing infant  baptifm,  fhall  enjoy  the  fame  privileges  as  other  diffen- 
ting teachers. 

-//.  Proteftant  dijfenters  intitkd  to  certain  privileges  hy 
the  a^  of  toleration, 

Befides  the  exemption  from  penalties,  his  majefty's  proteftant 
fabjeQs  are  by  the  ad  of  toleration  intitled  to  certain  privileges; 
■which  are  of  two  kinds  j  i.  Such  as  concern  all  proteftant  diffen- 
ters  in  general.     2.  Such  as  concern  their  teachers  in  particular. 

I.   As   to  all  protejlant  d'rjpnteys  in  general. They  fhall 

not    be   proficuted  iu  any  ecclcjiajlical  court,   for  or  hy  rtafon  of 

jheir   not   conforming  to  the  church  of  England. ■  But  this 

fhall  not  exempt  them  from  paying  of  tithes,  or  other  parochial 
duties,  or  any  other  duties  10  the  church  or  minifter,  nor  from 
any  profecution  in  any  ecclcfiaftical  court,  or  elfewhere,  for  the 
fame. 

Since  this  aft,  Mr.  Hciivhins  obferves  from  3  Lev.  376.  a  pro- 
hibition will  lie  to  the  fpiritual  court  proceeding  againft  perfons 
for  incontinency,  who  have  been  married  in  a  licenfed  conventicle. 
The  cafe  was  this ;  Two  perfons,  who  were  publifhed  and  mar- 
ried in  a  conventicle,  were  afterwards  libelled  againft  in  the  fpiri- 
tual court,  for  incontinence  and  fornication;  and  upon  moving 
for  a  prohibition,  time  was  afligned  to  fliew  caufe  why  it  fhould 
rot  go,  and  the  proceedings  in  the  ecclefhillical  court  were  flayed 
in  the  mean  time.     Afiervvaxds,  it  was  agreed  that  a  prohibition 

■  ft-.ould 


Diffetitets.  279 


fkould  be  granted,  and  that  the  plaintifF  fliould  declare ;  that  fo, 
upon  demurrer,  the  point  might  be  tried.  But  what  the  judg- 
ment was,  or  whether  the  caufe  proceeded  to  trial,  doth  not  ap- 
pear by  the  report.     Co^.  617, 

Mr.  Hawkins  likewife  obferves(i  Ha-xv.  12.)  thet  it  having 
baen  deubted  whether  diffenting  fchoolmaflers,  as  fuch,  were  ex- 
empted by  the  toleration  a£l  from  the  penalties  inflided  upon  them 
in  the  feveral  afts  againfl  diflenters,  it  was  farther  enadted  by  the 

12  yfn.  c.  7.  that  whoever  fliall  keep  any  fchool  or  feminary,  or 
teach  any  youth  as  tutor  or  fchoolmafter  (unlefs  he  inftriidl  them 
only  in  reading,  writing,  arithmetick,  or  fuch  mathematical  learn- 
ing as  relates  to  navigation,  or  fome  mechanical  art,  and  that  in 
the  Engiijh  tongue)  without  having  firft  fubfcribed  the  declaration 
of  the  13  iff  14  C.  2.  relating  to  conformity  with  the  church  of 
England^  and  without  a  licence  from  the  bifliop,  he  fliall  be  ini- 
prifoned  for  three  months.  But  this  was  repealed  by  the  5  G. 
c.  4.     So  that  the  doubt  is  left  where  it  was, 

Mr.  Shaxij  in  his  paridi  law,  f.  68.  fays,  it  is  held  (but  doth 
not  fay  by  whom)  that  diflenters  by  the  aiJl  of  toleration  are  not 
exempted,  either  from  the  penalties  of  the  i  J.  c.  4.  or  of  the 

13  £3°  14  C.  2.  c.  4.  ogainft  teaching  a  fchool  without  licence  from 
the  bifhop. 

In  the  cafe  of  K.  and  Da'vifon,  T.  1 2  W.  as  reported  both 
by  Salkeld  and  I,.  'Raymond,  Dan.'ifov,  a  quaker,  on  an  habeas 
c$rpus  upon  a  writ  of  exconnnunicato  capimdo,  for  teaching  fchool 
without  licence,  was  admitted  to  bail,  till  it  ftiould  be  determined 
whether  thi*  was  an  offence.  But  it  it  doth  not  appear  from 
either  of  thofe  reports,  what  was  the  determination.  1  Salk.  105. 
L.  Raym.  603. 

Upon  the  whole,  it  feemcth  fomewhat  ftrange,  that  in  a  cafe 
of  fo  much  importance  as  is  the  education  of  children,  this  mat- 
ter during  the  fpace  of  fo  many  years  hath  not  yet  been  fettled  be- 
yond all  doubt. 

Moreover  ;  If  any  perfon  diflenting  from  the  church  of  Ej^g- 
landy  fliall  be  appointed  to  the  office  of  high  conftable,  petit  con- 
flabJe,  churchwarden,  overfeer  of  the  poor,  or  any  other  parochial 
or  ward  office,  and  fuch  perfon  fliall  Icruple  to  take  upon  him  any 
of  the  faid  offices  in  regard  of  the  oaths,  or  any  other  matter  or 
thing,  required  by  the  law  to  be  taken  or  done,  in  refped  of  fuch 
office,  every  fuch  perfon  Ihall  and  may  execute  fuch  office  by  a 
fufficient  deputy  by  him  to  be  provided,  that  fhall  comply  with  the 
laws  on  this  behalf.  Provided,  that  the  deputy  be  allowed  and 
approved  by  fuch  perfons,  and  in  fuch  manner,  as  fuch  officers 
lliould  by  law  have  been  allowed  and  approved. 

2.   As  to  ihcir  teachers  or  preachers. Every   teacher  or 

preacher,  in  holy  orders,  or  pretended  holy  orders,  that  is  a  mi- 
niiler,  preacher,  or  teacher  of  a  congregation,  that  fliall  take  the 
oaths,  and  fubfcribe  the  declaration  and  articles  as  aforefaid,  fhall 
be  thenceforth  exempted  from  ferving  upon  any  jury,  or  from 
being  chofen  or  appointed  to  bear  the  office  of  churchwarden, 
ovcrieer  of  the  poor,    or  any  other   paiochial  or  ward  office^ 

T  4  Cf 


2§o  WiKtnttts. 

or  other  office  in  any  hundred,   city,  town,   parifli,  divHion,  or 

>vapentake. 

But  this  feems  clearly  not  to  extend  to  quaker  teachers  or 
preachers;  for  they  are  neither  in  holy  orden,  nor  prt  tended  holy 
ord'i-s  It  is  true,  by  a  jubieqaent  ftatute  of  the  7  f5'  8  W. 
qudkers  are  exemp  td  from  ferving  on  juries ;  but  neither  by  that, 
nof  any  other  aft,  are  any  quakerj  exempted  from  ferving  the 
office  of  churchwarden,  overfeer  of  the  prjor,  or  other  parochial 
or  ward  office,  by  chemfelves,  or  a  fufficient  deputy  to  be  by  them 
provided. 

Jll.  Laws  againft  dijfenters  not  altered  hy  the  a£l  of 
toleration. 

1.  No  claufe  in  the  toleration  aft  (hall  give  any  eafe  or  benefit, 
to  any  popiih  recufant ;  or  to  any  that  Hiall  deny  in  preaching  or 
writing  the  doft  ine  of  the  trinity,      i  iV.  c.  18.  /  17. 

And  every  juftice  of  the  peace  may  at  any  time  require  any 
pcrfon  that  goes  to  any  meeting  for  the  exercife  of  religion,  to 
make  and  fubkribe  the  faid  declaration,  and  to  take  the  faid  oaths 
(or  it  quakers,  the  declaration  of  fidelity) ;  and  upon  refufal 
thereof,  <uch  juftice  fhall  commit  fuch  perfon  to  prifon ;  and  fhall 
certify  his  name  to  the  next  feffions ;  and  if  he  (hall  refufe  again 
(0  make  and  fubfcribe  thp  declaration  there,  he  (hall  be  taken  for 
a  popiih  recufant  convift,  and  fufFer  accordingly,     id.  f.  12. 

2.  The  toleration  aft  (halj  not  extend  to  the  (lacute  of  the 
^5  C.  2.  c.  I.  which  requires,  that  all  perfons  in  office  (hall  re- 
ceive the  facrament,    according  to  the  ufage  of  the  church  of 

^nglavd. 

3.  The  toleration  aft  (hall  not  extend  to  the  (latute  of  30  C  2. 
y?.  2.  c.  I.  which  difables  perfpns  from  fitting  in  either  houfe  of 
parliament,  or  coming  to  court,  who  (hall  not  fubfcribe  the  decla' 
ration  therein  mentioned,  againft  popery. 

W,  J^aws  relating  to  protejiant  dijfenters^  made  Jince 
the  ail  of  toleration. 

I .  If  any  perfon,  difTenting  from  the  church  of  England  (no( 
in  holy  order?,  or  pretended  holy  orders,  or  pretending  to  holy 
orders,  nor  any  preacher  or  teacher  of  any  congregation)  who 
fhould  have  been  inticled  to  the  benefit  of  the  toleration  aft,  if  he 
had  duly  takep,  pade,  and  fubfcnbed  the  oaths  and  declaration, 
or  otherwife  qualified  himfelf  as  required  by  the  aft,  (hall  be  pro- 
fecuted  on  any  of  the  penal  flatute.',  from  which  proteftant  diflen- 
ter'^  are  exempted  by  the  faid  aft, — fliall  at  any  time  during  fuch 
profecijaon,  take,  ni^ke,  and  fubfcribe,  the  laid  oatl^s  and  deda-r 
ration,  or  being  a  quaker  (liall  qualify  according  to  that  aft, 
ether  m  the  manner  prefcrib':d  by  that  aft,  or  before  two  juftice? 
vvho  (lull  take  and  returr.  the  fame  to  the  next  feflions  to  be  there 
recojdtu;  fucii  perfon  (hall  be  intitled  to  the  benefit  of  the  aft, 
^s  fully  as  }f  r.e  had  qualified  himfelf  in  the  time  prefcnbed  by 
the  adt,  and  (hall  from  thenceforth  ^e  difcharged  from  all  the  pe- 

naltio 


^iKtntttS.  281 

rallies  and  forfeitures  incurred  by  force  gf  any  of  the  aforefaid 
penal  ftatutes.      10  Jn.  c.  2,  /.  8. 

2.  And  any  preacher  or  teacher,  duly  qualified,  fliall  be  al- 
lowed to  officiate  in  any  congregation,  altho'  the  fame  be  not  in 
the  county  where  he  was  fo  qualified  ;  provided  that  the  place  of 
meeting  hath  been  duly  certified,  and  regiftrcd,  or  recorded;  and 
fuch  teacher  or  preacher  fliall,  if  required,  produce  a  certificate  of 
his  having  fo  qualified  himfelf,  under  the  hand  of  the  clerk  of 
the  peace  where  he  was  qualified  ;  and  fhall  alfo  before  any  juftice 
of  fuch  county  where  he  Ihall  fo  officiate,  make  and  fubfcribe  fuch 
declaration,  and  take  fuch  oaths  as  «re  mentioned  in  the  adl  of  to- 
leration, if  thereunto  required.     \o  An.  c  2.  /  9. 

3  If  any  mayor,  bailiff,  or  other  magiftrate,  fhall  wilfully  re- 
fort  to,  or  be  prefent  at  any  publick  meeting  for  religious  worfhip, 
other  than  of  the  church  of  Etigland,  in  the  gown  or  other  pecu- 
liar habit,  or  attended  with  the  enfigns  belonging  to  his  office, 
he  (hall  be  difabled  to  hold  the  fame,  or  any  other  publick 
office.     5  G,  c.  4.  /.  2. 


rfareftfi 


§2 


Rent  in  arrear. 


Tender  of  pay- 
meat. 


/.  For  what  causes  a  dijirefs  Jhall  be. 
If.  What  goods  may  be  difirainedy  and  what  not. 
III.  At  what  limejhe  diftrefsjlmll  be  taken. 
JV.  Where  the  difirefs  jhall  be  made. 
'  V.  That  reafonahle  dijlrefs  Jhall  be  taken. 
VL  Manner  of  making  dijlrefs. 
VTI.  Diftrefs  how  to  be  demeaned. 

VIII.  Of  refcous  and  'pound  breach. 

IX.  Repk"jying  the  dijlrefs. 

X.  Sale  of  the  dijlrefs. 

XI  Irregularity  in  the  proceedings. 

XII  Landlord  re-entring  on  non-payment. 

XIII.  Cafe  of  tenant  holding  over. 

XIV.  Tenant  deferting  the  premijfes. 

XV.  Rent  in  cafe  of  an  execution. 

XVI.  Rent  on  the  death  of  tenant  for  life. 

XVII.  Of  diftrefs  by  warrant  of  jujliccs  of  tht 

peace. 

I.  For  what  caufes  a  dijlrejs  fiall  be. 

I.  X^  I  ST  RE  S  S  for  rent  muft  be,  for  rent  in  arrear ;  therc- 
J_^   fore  it  may  not  be  made  on  the  fame  day  on  which  the- 
rent  becomes  due;  for  if  the  rent  is  paid  in  any  part  of  that  day, 
wJailfl  a  man  can  fee  to  count  money,  the  payaicnc  is  good. 

2.  It  mull  not  be  after  tender  of  payment :  for  if  the  landlord 
come  to  diftrain  the  goods  of  his  tenant  for  rent  behind ;  before 
the  diftrefs,  the  tenant  may  upon  the  land  tender  the  arrearages, 
and  if  after  that  a  diftrefs  be  taken,  it  is  wrongful  :  And  if  the 
landlord  have  diftrained ;  if  the  tenant,  before  the  impounding 
thereof,  tender  the  arrearages,  the  landloid  ought  to  deliver  the 
diftrefs,  and  if  he  doth  not,  the  detainer  is  unlawful.  Even  fo  it 
is,  in  cafe  of  a  diftrefs  for  damage  feafant  (or  damage  done  by 
cattle  trefpaffing),  the  tender  of  amends  before  the  diftrei's,  maketh 
the  diftrefs  unlawful;  and  after  the  diftrefs,  and  before  the  im- 
pounding, the  detainer  unlawful.     2  hji.  107. 

But  in  this  cafe,  altho'  the  owner,  tender  fufficient  amends,  yet 
he  cannot  take  his  beafts  out  of  the  pound,  if  the  amends  be  re- 
fufed ;  but  he  muft  replevy :  and  if  it  be  found  at  the  trial  that 
tlxeameuua  was  not  fafiicient,  the  perfon  on  whom  they  tid'palled 

ihall 


2)!ftrcf5.  283 

(hall  have  damages ;  if  the  amends  tendred  were  fufficient,  then 
the  owner  of  the  beafts  fhall  have  damages.     Dr.  &  Sf.  1 12. 

3.  The  like  remedy  may  be  had  by  diftrefs,  impounding  and  Seek  rents  aad 
fale,  in  cafes  of  rents,  feck  rents  of  afli/.e,  and  chief  rents,  as  in  '^^"^'^  '^'^"^** 
cafe  of  rents  refervcd  upon  leafe.     4G.  2.  c.  28.  /  5. 

4.  Where  the  agreement  is  not  by  deed,    the  landlord  may  Agreement  not 
recover  a  reafonable  fatisfadtion,  in  an  aclion  on  the  cafe.  1 1  G.  2.  b><lecd. 

f.  19. /14. 

5.  Perfons  having  rent  in  arrear,  upon  any  leafe  determined,  Leafe  detct- 
may  diftrain  for  fuch  arrears  after  the  determination  of  the  leafe,  '"'"^'^» 

in  the  fame  manner  as  if  it  had  not  been  determined ;  provided 
■that  fuch  diftrefs  be  made  in  fix  months  after  the  determination  of 
fuch  leafe,  and  during  the  continuance  of  fuch  landlord's  title  or 
intereft,  and  during  the  pofiefiion  of  the  tenant  from  whom  fuch 
arrear  became  due.      8  J/:,  c.  14.  /.  6,  7. 

6.  It  was  adjudged,  tliat  one  cannot  avow  for  two  diftrelTes  for  Tw©  diftreffej 
one  and  the  fame  rent;  but  if  the  defendant  had  pleaded,  that  at       ""^  ^'^'^^' 
the  time  of  taking  the  firil  dillrefs,  there  was  not  fufficient  to  be 

taken  for  the  whole  rent,  upon  the  land,  and  that  the  firll  diftrefs 
was  but  of  fuch  a  value,  it  had  been  good.     3  SnIL  i  37. 

7.  If  any  diftrefs  and  fale  fhall  be  made,  for  rent  in  arrear  and  Dft'am'ng 
due,  when  none  is  in  truth  due,  the  owner  fiiall  recover  double  ^  crcnoren 
value  with  full  cofts.      2  /F.  S>J'.  1.  r.  5.  /  5. 

And  if  the  diftrefs  be  taken  of  goods  without  caufe,  the  owner 
may  make  rcfcous;  but  if  they  be  diftrained  without  caufe,  and 
impounded,  the  owner  cannot  break  the  pound  and  take  them  out, 
becaule  they  are  in  the  cuftody  of  the  law.      i  Infi.  47. 

II.  What  goods  may  he  diftrained^  and  what  'net. 

1.  Diftrefs  for  rent  muft  be  of  a  thing,  whereof  a  valuable '^''a''jat'le  pro- 
property  is  in  fomebody  ;  and  therefore,  dogs,  bucks,  does,  conies,  P"fy- 

and  the  like,  that  are/Ir^  natur/t,  cannot  be  diftrained.      1  JuJ}. 

47- 

2.  Altho'  it  be  of  valuable  property,  as  a  horfe;  yet  when  a  Separate  froci 
man  or  woman  is  riding  on  him,  or  an  ax  in  a  man's  hand  cutting  ^'^'  ^""^  ^^' 
of  wood,    and  the  like,  they  are  for  that  time  pri\'ileged,    and 

cannot  be  diftrained.      i  hij}.  47. 

But  it  is  faid,  that  if  one  be  riding  upon  an  horfe  damage  fea- 
fant,  the  horfe  may  be  led  10  the  pound  with  the  rider  upon  him. 
1  Sid.  422,  440. 

And  it  hath  been  held,  that  horfes  joined  to  a  cart,  with  a  man 
upon  it,  cannot  be  diftrained  for  rent  (altho'  they  may  for  damage 
feafant)  ;  but  both  cart  and  horfes  may,  if  the  man  be  not  upon 
the  cart,      i  Ftfitr.  36. 

3.  Valuable  things  fhall  not  be  diftrained  for  rent,  for  benefit  ^o"  maintenance 
and  maintenance  of  trades,  which  by  confequent  are  for  the  com-  ^^  "ailes. 
mon  wealth,  and  are  there  by  authority  of  law  ;  as  a  horfe  in  a 

fmith's  Ihop  {hall  not  be  diftrained  for  the  rent  iifuing  out  of  the 
Ihop,  nor  a  horfe  in  an  hoftry,  nor  the  materials  in  a  weaver's 
ftiop  for  making  of  cloth,  nor  cloth  or  garments  in  a  taylor's  fhop, 
nor  facks  of  corn  or  mciil  in  a  mill,  nor  an^  tiling  diftrained  for 

damage 


284  DffttCfS. 

damage  feafant,  for  it  is  in  cuftody  of  the  law ;  md  the  like, 

I  hjL  47. 
Tools  of  a  man's      4.  Beafts  belonging  to  the  plough  fhall  not  be  diftrained  (which 
F""^°'**  is  the  ancient  common  law  of  England,  for  no  man  rtiall  be  di- 

ftrained  by  the  utenfils  o.-  inftruments  of  his  trade  or  profelTion, 
as  the  ax  of  the  carpenter,  or  the  books  of  a  fcholar)  while  goods 
or  other  beafts  may  be  diftrained.     i  hji.  47. 

But  this  rule  holds  only  in  diftreiTes  for  rent  arrear,  amercia- 
ments, and  the  like ;  but  doth  not  extend  to  cafes,  where  a  di- 
ftrefs  is  given,  in  the  nature  of  an  execution,  by  any  particular 
ftatute,  as  for  poor  rates,  and  the  like.     3  Salk.  136. 
Tilings  fixed  to        5.  Furnaces,  cauldrons,  or  other  things  fixed  to  the  freehold, 
the  freehold.       qj,  ^jjg  doors  or  windows  of  a  houfe,  or  the  like,  cannot  be  di- 

flrained.      i  InjL  47. 
Honey.  5.  Money  in  a  bag  fealed  may  be  diftrained,  but  not  out  of  a 

bag.     Read.  Dijir. 
Ccm  eat.  7.  By  the  2  U^.  SeJJ.  i.  r.  5,  Perfons  having  rent  arrear  on  any 

demife,  leafe,  or  contract,  may  feize  and  fecure  any  fheaves  or 
cocks  of  corn,  or  corn  loofe  or  in  the  ftraw,  or  hay  being  in  any 
barn  or  granary,  or  upon  any  hovel,  Hack,  or  rick,  or  otherwife 
upon  any  part  of  the  land  charged  with  the  rent,  and  may  lock 
up  or  detain  the  fame  in  the  place  where  found,  in  the  nature  of  a 
diftrefs ;  fo  as  the  fame  be  not  removed  to  the  damage  of  the 
owner,  out  of  the  place  where  found  and  feized,  but  be  kept 
there  (as  impounded)  till  replevied  or  fold,  f,  3. 
Com  growing.  8.  Alfo  by  the  1 1  G.  2.  c.  19.  The  landlord  may  take  and 

feize  corn,  grafs,  hops,  roots,  fruits,  pulfe,  or  other  produft 
growing,  as  a  diilrefs;  and  the  fame  may  cut,  gather,  make, 
cure,  carry  and  lay  up,  when  ripe,  in  the  barns  or  other  proper 
place  on  the  premilTes ;  and  if  there  fhall  be  no  barn  or  proper 
place  on  the  premiHes,  then  in  any  other  barn  or  proper  place 
which  he  fhall  procure,  fo  near  as  may  be  to  the  premifTes  :  the 
appraifement  whereof  fhall  be  taken  when  cut,  gathered,  cured, 
and  made,  and  not  before.    /  8. 

And  notice  of  the  place  where  the  goods  fo  diftrained  fhall  be 
lodged,  fhall  in  one  week  after  the  lodging  thereof  be  given  to 
the  tenant,  or  left  at  the  laft  place  of  his  abode.  /  9. 
Cattle efcaped  on  9.  Where  a  flranger's  beafts  efcape  into  the  land,  they  may  be 
tte  premiiies.  diftrained  for  rent,  tho'  they  have  not  been  levant  and  couchant 
(that  is,  tho'  they  have  not  been  in  the  ground  for  a  good  fpace 
of  time,  or  fo  long  as  to  have  Iain  down  and  rofe  up  again  to 
feed)  provided  they  are  trefpaffers :  But  if  the  tenant  ot  the  land 
is  in  default,  in  not  repairmg  his  fences,  whereby  the  beafts  came 
into  the  land,  the  lefior  cannot  diftrain  fuch  bcalb,  tho'  they  have 
been  levant  and  couchant,  unlefs  he  have  given  notice  to  the 
owner,  and  he  fufter  them  to  remain  there  afterwards.     Lutiv. 

For  if  the  lefTor  had  the  lands  in  his  own  hands,  he  muft  repair 
the  fences,  and  confe(j!iently  he  muft  fee  th^t  his  lefiee  doth  it, 
for  he  is  not  to  take  advantage  of  his  own  default.  3  Saik. 
lib. 

10.  In 


SDt'ftate.  285 


10.  In  the  cafe  of  F«xt'/f«  and  Joyce^  T.  1  ^T.  It  was  held  by  Cattle  dcp»- 
the  court,  that  if  a  driver  of  cattle  put  them  out  to  pafture,  by  ft«fed, 
way  of  agiftment,  tho'  but  for  a  night,  and  by  leave  both  of  the 
leffor  and  lefTee,  yet  they  may  be  diftrained  for  rent,  tho'  they  be 
upon  the  road  to  market.     2  Ventr.  50. 

Bat  it  is  faid,  that  this  {hall  only  be,  for  fo  much  of  the  rent, 
as  the  pafturage  of  thofe  cattle  for  that  time  Ihall  amount  unto. 

///.  At  what  time  the  diftrefsjhall  he  taken. 

For  a  rent  or  fervice  the  lord  cannot  diftriin  in  the  night,  but  in  the  nigfct, 
in  the  day  time ;  and  fo  it  is  of  a  rent  charge,  but   for  damage 
feafant,  one  may  dillrain  in   the  night,  otherwife  it  may  be  the 
beads  will  be  gone  before  he  can  take  them,      i  Inji.  142. 

For  before  fun  rifmg,  or  after  fun  fet,  no  man  may  diftrain  but 
for  damage  feafant.     Mirrour  c  z.  f.  z6. 

And  as  to  damage  feafant,  if  a  man  come  to  diftrain,  and  fee  Damage  feafaaJj 
the  beafts  in  his  foil,  and  the  owner  chafe  them  out  of  purpofe 
before  the  diftrefs  taken ;  yet  the  owner  of  the  foil  cannot  diftrain 
them,  and  if  he  doth,  the  owner  of  the  cattle  may  refcue  them, 
for  the  beafts  muft  be  damage  feafant  at  the  time  of  the  diftrefs. 
1  hji.  161. 

IV.  Where  the  diftrefsjhall  he  made.  where? 

1 .  The  king's  officers,  as  fherifFs  and  other,  (hall  not  take  di-  church  lands. 
ftrefles  in  the  fees  wherewith  churches  in  times  paft  have  been  en- 
dowed ;  but  diftrefles  may  be  taken  in  poiieffions  of  the  church 

newly  purchafed.     9  Ed.  2.  r.  9. 

2.  A  man  may  diftrain  in  places  or  lands  within  the  fee,  liable  On  thepremilTefc. 
to  diftrefs,    and  not  elfewhere.      52  H.  3.  f.  15.       2  /«/?.  131. 

Mir.  Ch.  2.  /.  26. 

3.  And  by  the  11  G.  2.  c.  19.  The  landlord  may  diftrain  any  Onthecommoiu 
cattle  or  ftock  of  the  tenant,  depafturing  on  any  common  appen- 
dant or  appurtenant,  or  any  ways  belonging  to  the  premiffes  de- 

mifed.    /  8. 

4.  No  perfon  (except  the  king's  officers)  fhall  take  diftreffes  in  ^n  the  highway, 
the  king's  highway.     52  H.  3.  r.  15. 

And  the  reaion  is,  becaufe  the  king's  fubjeds  ought  to  have 
free  paflage,  as  well  to  fairs  and  markets,  as  about  their  other 
affairs.  But  yet  this  (hall  not  be  taken,  to  make  the  diftrefs  ut- 
terly unlawful,  fo  as  to  take  advantage  thereof  in  bar  to  an 
avowry,  but  to  tiiis  purpofe,  that  if  the  lord  diftrain  in  the  high- 
way, the  tenant  may  have  an  aftion  againft  him  upon  this  ftatute. 
zinji.  131,132. 

5.  But  by  the  1 1  G.  2.  c.  ig.    If  any  tenant  for  life,  years,  at  Carried  off  the 
will,  fufFerance,   or  otherwife,  fhall  fraudulently  or  clandeftinely  premiffes. 
convey  off  the  premiffes  his  goods  or  chattels,    to  prevent  the 

landlord  from  diftraining  ;  fuch  landlord,  or  any  perfon  by  him 
lawfully  impowered,  may  in  30  days  next  after  fuch  conveying 
away,  feizc  the  fame  wherever  they  ftiall  be  found,  and  difpole 

of 


286  2)iftrcfs. 

of  thera  in  fuch  manner,  as  if  they  bad  been  diftrained  on  the 
premifTes.    /.  i. 

But  no  landlord  fhall  diftrain  any  goods  fold  bonafide^  and  for 
a  valuable  cor.fideratioD,  before  fuch  leizure  made,  to  any  perfon 
not  privy  to  fuch  fraud.    /.  2. 

And  if  any  tenant  fliall  fo  fraudulently  convey  his  goods,  or  if 
any  perfon  fhall  wilfully  aid  him  therein,  or  in  concealing  the 
fame  ;  every  perfon  fo  oifending  fliall  forfeit  to  the  landlord  dou- 
ble the  value  of  fuch  goods,  to  be  recovered  in  any  court  of  rc- 
tord  at  Wejlminjler.    J.  3. 

But  if  the  goods  conveyed  or  concealed  fhall  not  exceed  the 
value  of  50/.  the  landlord  or  his  agent  may  exhibit  a  complaint 
in  writing,  before  two  jufliccs  reflding  near,  who  may  fummon 
the  parties,  and  determine  the  offence  in  a  fummary  way  ;  and 
on  full  proof  of  the  offence,  they  fhall  by  order  under  their  hands 
and  feals  adjudge  the  offender  to  pay  double  the  value  of  fuch 
goods  to  the  landlord  or  his  agent,  at  fuch  time  as  they  fhall  ap- 
*■  point :    and   if,  having  notice  of  fuch  order,    he  fhall  refufe  or 

neglefl  fo  to  do,  they  fhall  by  warrant  levy  the  fame  by  diflrefs 
and  fale;  and  for  want  of  fuch  diftrefs,  may  commit  the  offender 
to  the  hoafe  of  corredlion  for  fix  months,  unlefs  the  money  be 
fooner  paid.    /  4. 

Perfons  aggrieved  by  order  of  fuch  juftices,  may  appeal  to  the 
next  general  or  quarter  fefSons;  who  may  give  colts  to  either 
party.    /  5. 

And  where  the  pirty  appealing  fhall  enter  into  recognizmce, 
with  one  or  two  fareties,  in  double  the  fum  fo  ordered  to  be 
paid,  with  condition  to  appear  at  fuch  feffions  j  the  order  of  the 
juftices  fhill  not  be  executed  againft  him  in  the  mean  time.    f.  6i 

V.  That  reajcnahle  dijirefsjhall  he  taken. 

Diftrefs  to  be  DiHrefTes  fhall  be  reafonable,  and  not  too  great ;  and  he  that 

reafoflablc.         taketh    great    and    unreafonable    diftrefles,    fhall    be    grievoufly 
amerced.     52  H.  3.  c.  4. 

For  example,  if  the  lord  difh-ain  two  or  three  oxen  for  1 2  ef. 
or  the  like  fmall  fum,  and  the  owner  bring  a  replevy  of  the  oxen, 
and  the  lord  avow  the  taking  of  them  for  the  \zd;  of  his  own 
fhewing,  he  fhall  make  fine  :  or  the  party  may  have  his  action 
upon  this  ftatute.      2  hft.  xcj. 

If  the  lord  diflrain  an  ox,  or  horfe,  for  a  penny  ;  if  there 
were  no  other  diilrels  upon  the  land  holden,  the  difVrefs  is  not 
excelfive :  but  if  there  were  a  calf,  or  a  fvvine,  or  the  like,  then 
the  taking  of  the  ox  or  horfe  is  exceflive,  becaufe  he  might  have 
taken  a  beafl  of  lefs  value.     2  h:Jl.  107. 

VI.  Manner  of  making  dijlrefi. 

Ereakirg  gatei.        \.  Gates  or  .  iclofures  may  not  be  broken  open,  nor  thrown 

down,  to  make  ■  diftrefs.      i  hip.  j6i. 
Opening  vicors.         o.  Nor  ma"  the  lefTor  enter  into  the  tenant's  houfe,  unlefs  the 

•jioors  are  open      Read.  Dijir. 

3.  Where 


SDiftcefs;*  287 

3.  Where  any  goods  fraadulently  or  clandeftinely  conveyed,  Ajd  of  the  cwv^ 
fhall  be  kept   in  any  houfe,  barn,  ftable,  outhoufe,  yard,  clofe,  Jj^^  ^^  :*" , 
or  place  locked  up,  faftened,  or  otherwife  fecured,  (o  as  to  pre- 
vent fuch  goods  from  being  feized  as  a  diftrefs ;  it  fhall  be  lawful 

for  the  landlord,  or  his  agent,  to  feize  the  fame  (firft  calling  t« 
his  afliftance  the  conftable  or  other  peace  ofiicer ;  and  in  cafe  of  a 
dwelling  houfe,  oath  being  alfo  firft  made  before  a  jultice  of  the 
peace,  of  a  reafonable  ground  to  fufpefl  that  fuch  goods  are 
therein)  in  the  day  time,  to  break  open  and  enter  fudi  houfe  or 
place,  and  to  take  and  feize  the  fame,  as  he  might  have  done  if 
they  had  been  in  any  open  place.    1 1  G.  2.  c.  19.  /  7. 

But  except  it  be  in  this  cafe  where  the  goods  are  clandeftinely 
conv«yed,  it  may  feem  from  what  hath  been  faid,  that  the  land- 
lord hath  no  mean  to  come  at  the  goods  in  order  to  make  diftrefs, 
if  the  tenant  fhall  think  fit  to  lock  up  his  gates,  and  fhut  the 
doors :  And  the  like  may  be  obferved  in  cafes  of  diftrefs  for  the 
levying  a  penalty,  by  warrant  of  juftices  of  the  peace.  Which 
matter  may  feem  to  require  fome  confideration. 

4.  If  a  landlord  comes  into  a  houfe,  and  feizes  upon  fome  Part  in  tf.e  mnw 
goods  as  a  diftrefs,  in  the  name  of  all  the  goods  of  the  houfe  j  °^  ^^^  wltok, 
that  will  be  a  good  feizure  of  all.     6  Mod.  215. 

FIT.  Dijlrefs  ho'Ui  to  he  demeaned. 

1.  He  that  diilrains  any  thing  that  hath  life,  muft  impound  it  ^"■Po^"^'''j;  ^'^ 
in  a  lawful  pound,  within  three  miles  in  the  fame  county.     1  ^"  ^  ^  preauu^. 
2  P.^  W.  f.  12.     I  /«/?.  47. 

T.  21  G.  2.  Qimhart  and  PeUh.  The  defendant  juftif.ed  im- 
pounding cattle  damage  feafant.  And  on  evidence  it  appeared, 
he  put  them  into  the  next  pound,  though  it  happened  to  be  in 
another  county.  And  Lu  Ch.  J.  held,  it  did  not  make  him  a 
trefpaffer,  though  it  fubjeded  him  to  the  penalty  of  the  ilatute  of 
the  I  dff  2  P.  U  M.  Sir.  1272. 

Note,  a  pound  is  either  (yuert  or  open,  as  in  a  pinfold  made  for 
fuch  purpofes,  or  in  his  own  clofe,  or  in  the  clofe  of  another  by 
his  confent  ;  and  it  is  therefore  called  open,  becaufe  the  owner 
may  give  his  cattle  meat  and  drink,  without  trefpafs  to  any  other, 
and  then  the  cattle  muft  be  fuftained  at  the  peril  of  the  owner  : 
Or  it  is  a  pound  convert  or  clofe,  as  to  impound  the  cattle  in  fome 
part  of  his  houfe ;  ar^  then  the  cattle  mull  be  fuilaioed  with 
meat  and  drink  at  the^eril  of  hirn  that  diilraineth,  and  he  fnall 
not  have  any  fatisfaaion  therefore,      i  Inji.  47. 

But  if  the  diliref:  be  of  utenfils  of  houQioM,  or  fuch  like  dead 
goods,  which  may  take  harm  by  wet  or  weather,  or  be  flolen 
away;  there  he  mad  impound  them  in  a  houfe,  or  other  pound 
co'vert,  within  three  miles  in  the  fame  county;  for  if  he  impound 
them  in  a  pound  cz'crt^  he  muft  anfwer  for  them,      i  Injl.  47. 

2.  And   by   11  G.  2.  c.  19.  any  perfon  diiiraining,  may   im-  Impounding 01 
pound  or  otherwife  feciire  the  diftrefs,  of  what  kind  foever  it  be,  ^^^  Premnies. 
in  fuch  place,  or  on  fuch  part  of  the  premuie:,,  as  fhall  be  moil 
convenient  ;  and"  may'appraife,  and"  fell  the  fame,  as  ■any  perian 

before  might  have  done  oft  the  premifi'es.    f.  10. 

1  V  Cattle 


288 

Ufing  the  goods 
diibrained. 

Diftrefs  dying. 
Dying  by  dureis. 


DlUtCfe. 


Refcous  and 

pound-breach> 


Replevy, 


3.  Cattle  diflrained  may  not  be  worked  or  ufed,  unlcfs  for  the 
owner's  benefit,  as  a  cow  milked  j  much  lefs  may  they  be  abufed 
or  hurt.     Cro.  Ja.  148. 

4.  If  a  dillrefs  dies  in  the  pound,  the  diftrainer  may  diftrain 
again.      1  Zalk.  248, 

5.  It  is  the  diiirainer's  own  fault,  if  he  puts  the  diftrefs  in  a 
pound  which  will  not  hold  it ;  but  he  cannot  juftify  the  tying  of 
cattle  in  the  pound  j  and  if  he  ties  a  beaft,  and  it  is  flrangled,  he 
mull  pay  damages,     i  Salk.  Zif'i. 

VIII.  Of  refcous  and  pimd-hreach. 

1.  By  the  common  law,  if  a  man  break  the  pound,  or  the  lock 
of  it,  or  part  of  it,  he  greatly  ofFendeth  againft  the  peace,  and 
doth  trefpafs  to  the  king,  and  to  the  lord  of  the  fee,  and  to  the 
flierifFs,  and  hundredors,  in  breach  of  the  peace,  and  to  the 
party,  and  to  the  delaying  of  juftice;  and  therefore  hue  and  cry 
is  to  be  levied  againft  him,  as  againft  thofe  who  break  the  peace. 
Mir.  c.  2.  /.  26. 

2.  And  by  ftatute,  on  any  pound  breach  or  refcous,  of  goodj 
diftrained  for  rent,  the  perfon  grieved  thereby,  (hall  in  a  fpecial 
aftion  upon  the  cafe,  recover  treble  damages  and  cofts  againft 
the  offender,  or  againft  the  owner  of  the  goods,  if  they  be  after- 
wards found  to  have  come  to  his  ufe.     2  //'.  Sijl  1.  f.  5.  /  4. 

^Treble  damages  and  cojis']  In  the  cafe  of  Sir  IVilfred  Laivfon  v. 
Sforey,  M.  6  J^.  It  was  adjudged,  that  the  cofts  Ihall  be  trebled 
as  well  as  damages.     L.  Raym.  zo. 

3.  When  a  man  hath  taken  diftrefs,  and  the  cattle  diftrained, 
as  he  is  driving  them  to  the  pound,  go  into  the  houfe  of  the 
owner ;  if  he  that  took  the  diftrefs  demand  them  of  the  owner, 
and  he  deliver  them  not,  this  is  a  refcous  in  law.     i  Inji.  161. 

IX.  Replevying  the  diftrefs. 

I.  The  fherifFof  every  county  fhall,  at  his  firft  county  day,  or 
in  two  months  after  he  hath  received  his  patent  of  office,  appoint 
four  deputies  at  the  leaft,  dwelling  not  above  1  2  miles  one  diftant 
from  another,  to  make  replevies ;  on  pain  of  5  /.  a  month,  half 
to  the  king,  and  half  to  him  that  fhall  fue  in  any  court  of  record. 
I  (^  zP.^  M.  c.  12.  /.  3. 

-z.  And  the  fheriff,  or  other  officer  having  authority  to  grant 
replevins,  fhall  in  every  replevin  of  a  diftrefs  for  rent,  take  in  his 
own  name,  from  the  plaintiff  and  two  fureties,  a  bond  in  double 
the  value  of  the  goods  dillrained,  to  be  alcertained  on  the  oath 
of  one  witnefs,  and  conditioned  for  profecuting  the  fuit  with  ef- 
feft,  and  without  delay,  and  for  duly  returning  the  goods  di- 
ftrained, in  cafe  a  return  fnall  be  awarded  ,•  before  any  delive- 
rance be  made  of  the  diftrefs ;  and  the  (heriff  fhall  affign  fuch 
bond  to  the  at'orAJunr,   or  perfon  making  ccnf/'ance.     11  G.  2i 

€.   19/2?. 


Note, 


Di'ftrtfst.  2S9 


Note,  /iffnvry  Is,  where  one  takes  a  didrefs,  and  rhe  perfon 
diftrained  fues  a  replevin  ;  then  he  that  took  the  diftrets  muft 
ai'OT.0  and  juftify  in  his  plea,  for  what  caufe  he  took  it,  if  he  took 
it  in  his  own  rights  and  this  is  called  an  a'vo'wry :  Jf  he  took  it 
in  the  right  of  another,  then,  when  he  hath  fhewed  the  caufe» 
he  mud  make  ccuufance  of  the  taking,  as  bailiff  or  fervant  to  him, 
in  whofe  right  he  took  it.     Terms  of  the  L, 

X.  Sale  of  the  dijlrefs. 

Where  any  goods  fhall  be  didrained  for  rent  referred  and  due  Sale, 
upon  any  demile,  leafe,  or  contradt,  and  the  tenant,  or  owner  of 
the  goods  diilrained,  fhall  not  within  five  d?ys  next  after  fuch  di- 
iliefs  taken,  and  notice  thereof  (with  the  caufe  of  fuch  taking) 
left  at  the  chief  roanfion  houfe,  or  other  mod  notorious  place  on 
the  premifTes,  replevy  the  fame  ;  in  fuch  cafe  the  perfon  diftrain- 
ing  (half,  with  the  fheriff  or  ur.der  (heriff  of  the  county,  or  with 
the  conftable  of  the  hundred,  parifh,  or  place,  where  fuch  di- 
ftrefs  (hall  be  taken,  caufe  the  goods  and  chattels  fo  deftrained  tb 
be  appraifed  by  two  iworn  appraifers  (whom  fuch  (herifi,  under- 
fheriff,  or  conllable  (hall  fwear)  to  appraife  the  fame  truly,  ac- 
cording to  the  bed  of  their  underdancings ;  and  after  fjch  ap- 
praifemcnt,  (hall  fell  the  fame  for  the  bed  price  can  be  gotten 
for  them,  for  fatisfaflion  of  the  rent,  and  charges  of  the  O'drefs, 
appraifement,  and  fale  j  leaving  the  overplus  (if  any)  with  the 
fherifF,  under  (heriff,  or  conftable,  for  the  owner's  ufe.  2  IV. 
SeJJ.  I.   c.^./.z. 

M.  1 3  G,  Griffin  and  Scott.  Trefpafs  for  entring  his  houfe, 
and  keeping  poflelTion  of  his  goods  eight  days.  The  defendant 
juftifies  under  a  didrefs  for  Rent.  But  by  the  court;  The  defen- 
dant ought  to  have  removed  the  goods  at  the  five  days  end ;  and 
for  the  other  three  he  is  a  trefpafler,  and  -there  is  no  judification. 
Str.  717. 

By  the  t  ^  2  P.  ^"  M.  c.  iz.  no  perfon  (hall  take  for  keeping  in 
pound,  or  impounding  any  didrefs,  above  4^/.  for  any  one  whole 
didrefs ;  and  where  lefs  hath  been  ufed,  there  to  take  lefs ;  on 
pain  of  5  /.  to  the  party  grieved,  befides  what  he  fhall  take  above 

XL  Irregularity  in  the  proceedings* 

Where  any  didrefs  (hall  be  made,  for  any  kind  of  rent  jadly  Irregularity. 
due,  and  atiy  irregularity  (hall  be  afterwards  done  by  the  party 
didraining,  or  his  agent ;  the  didrefs  fliall  not  be  deetned  unlaw- 
ful, nor  the  diftrainer  a  trefpaiTer  ab  ini/ic,  but  the  party  ag- 
grieved may  recover  fatisfadion  for  the  fpecial  damage,  in  an 
aftion  of  trefpafs  or  on  the  cafe  ;  and  if  he  recover,  he  (hall 
have  full  cods.      1 1  G.  2.  c.  19.  /  19^ 

But  no  tenant  (hall  recover  on  fuch  aftion,  if  tender  of  amend* 
hath  been  made  before  the  afUon  brought.    /  20. 

Vol.  U  ^  ^U.  LauiUrd 


ago 


3>ifttefs. 


XII.  Landlord  re-entring  on  ndn-faymenL 

Rt-eatring.  Where  half  a  year's  rent  (hall  be  In  arrear,  and  the  landlord 

hath  right  by  law  to  re  enter  for  non  payment;  he  may,  without 
any  formal  demand  of  re  entry,  ferve  a  declaration  in  ejednient, 
and  on  recovering  judgment  and  execution,  (hall  hold  the  prc- 
mifles  difcharged  from  the  leafe.     4  G.  2.  c.  2%.  f.z. 

XIII.  Cafe  of  tenant  holding  over. 


Holding  over  af- 
ter th«  term  ex- 
pired. 


I .  If  any  tenant  for  life  or  years,  or  other  perfon  who  (hall 
come  into  poflefTion  by,  from,  or  under  him,  fhall  wilfully  hold 
over  any  lands,  after  the  determination  of  fuch  term,  and  after 
demand  made,  and  notice  in  writing  given  for  delivering  the  pof- 
fe(r!On  thereof;  he  fliall,  from  the  time  that  he  (hall  fo  hold  over, 
pay  double  the  yearly  value  thereof,  to  be  recovered  by  adtion  of 
debt,  in  any  court  of  record.     4  G.  2.  c.z%.  f.  i . 

But  this  remedy  feemeth  not  altogether  adequate  to  the  evil  j 

for  three  reafons.      i .  Becaufe  fuch  adtion  is  certainly  tedious  and 

cxpenfivc.     2.  It  is  uncertain,  when  the  aftion  is  over,  whether 

the  tenant  will  be  able  to   pay.     3.  What  is  chiefly  wanted, 

namely,  putting  the  landlord  into  pofi^elTion,  is  not  obtained  by 

fuch  adion,  but  for  that  he  (hall  be  fWl  to  feek.     A  more  (hort 

and  eafy  method  of  oufting  the  tenant  of  his  po(re(rion,  feemeth 

more  eligible  in  the  like  cafes. 

Holding  over  af-       2.  If  any  tenant  (hall  give  notice  of  his  intention  to  quit  the 

ter  having  given   premi(res,  at  a  time  mentioned  in   fuch  notice,  and  fhall  not  ac- 

notjce  to  quit,     cordingly  deliver  up  the  po(rc(rion  thereof  at  the  time  ;  he  (hall 

from  thenceforth  pay  double  rent,  to  be  recovered  in  like  manner 

as  the  fingle  rent.     1 1  G,  2.  r.  19.  /  18. 

This  claufe  alfo  proceedeth  upon  a  Suppofitlon,  which  perhaps 
may  not  be  true,  namely,  that  the  tenant  is  a  man  of  fubflance. 
It  is  more  likely,  that  if  he  were  able  to  live  elfewherc,  he  would 
not  chufe  to  hold  over  under  fuch  circumllances,  nor  perhaps 
would  the  landlord  want  to  be  rid  of  him.  The  putting  him  out 
of  podefTion,  by  fome  expeditious  and  eafy  method,  feemeth  the 
more  adequate  remedy  in  this  cafe  alio,  in  like  manner  as  is  pro- 
vided in  the  cafe  where  the  tenant  deferteth  the  premiiTes,  as 
here  followeth. 

XW.  Tenant  deferting  ihefremijfes, 

if  any  tenant  at  rack  rent,  or  where  the  rent  referved  (hall  be 
full  three  fourths  of  the  yearly  value  of  the  demifed  premifTes, 
who  (hall  be  in  arrear  for  one  year's  rent,  (hall  defert  the  pre- 
niilfes,  and  leave  the  fame  uncultivated  or  unoccupied,  fo  as  no 
fufUcicnt  dii^refi  cim  be  liad ;  two  juflices  at  the  requed  of  the 
landlord  may  go  an4  view  the  fame,  and  affix  on  the  mod  noto- 
rious part  of  the  premidcs,  notice  (A)  in  writing,  what  day  (at 
the  dillance  of  14  days  at  the  lead)  they  will  return  to  take  a  fe- 
,cond  view ;  and  if  ou  I'uch  fccond  view,  the  tenant  (hall  not  ap- 
pear 


''enant  defert- 


SDfftrefs*  291 


pear  and  J)ay  the  rent,  or  there  (hall  not  be  fuEcient  diftrefs  on 
the  premifl'es,  then  the  juftices  roay  put  the  kndlord  into  poflef- 
fion,  and  the  leafe  as  to  fuch  demife  fhall  from  thence  be  void. 
II  G.  2.  c.  19/  16. 

But  the  tenant  may  appeal  to  the  next  jufUce  or  juftices  of  af- 
fize  ;  who  may  award  coifs  to  either  party.    /.  \j. 

And  the  juftices  in  this,  and  all  other  the  like  cafes,  ought  to 
make  a  record  (B)  of  the  whole  procted  ngs,  to  be  produced  after- 
wards in  cafe  of  an  action  brought  againft  the  landlord  by  fuCh 
tenant.  For  the  juftices  are  rot  to  cany  witneffes  with  them  about 
the  country,  to  teftify  what  they  (hall  a<^  as  judges  of  record;  hor 
doth  it  feein  requifite,  that  they  (hould  go  and  teftify  in  a  court  upon 
their  oaths,  what  they  (hall  have  aflcd  in  fuch  cafes ;  but  to  make 
a  record  in  writing  under  their  hands  and  feals,  of  all  that  hath 
been  done  :  which  record  being  produced  in  court,  feemeth  to  be 
the  proper  evidence  in  all  fuch  cafes>  for  that  the  law  repofeth  an 
intire  confidence  therein,  and  it  fhall  not  be  gainfaid;  otherwifc 
there  would  be  no  end  of  things. 

Xl^.  Rent  in  cafe  of  an  execution. 

No  goods  being  on  any  mefiliage,  lands,  or  tenements,  leafed  Execution, 
for  life,  term  of  years,  at  will,  or  otherwife,  ftiall  be  liable  to  be 
taken  by  execution,  unlefs  the  party,  at  whofe  fuit  the  execution 
is  fued  out,  ftiall  before  the  removal  of  fuch  goods  from  off  the 
premiffes,  pay  to  the  landlord  or  his  bailiff  all  fuch  rent  as  ftiall  be 
then  due  for  the  premiffes,  provided  that  it  amount  not  to  more 
than  one  year's  rent ;  and  if  the  faid  arrears  fhall  exceed  one  year's 
re-^t,  then  the  party  paying  fuch  landlord  one  year's  rent,  may 
proceed  to  execute  his  judgment.     8  An.  c.  14'.  /.  i. 

XFI.  Rent  on  the  death  of  tenant  for  life. 

Where  any  tenant  for  life  (hall  die,  before  or  on  the  day  on  Tenant  for  lift 
which  the  rent  was  made  payable,  on  any  demife  or  leafe  which  dying, 
determined  on  the  death  of  fuch  tenant  for  life;  the  executors  or 
adminiftrators  of  fuch  tenant  for  life,  may  in  an  a6lion  on  the  cafe 
recover,  if  fuch  tenant  for  life  die  on  the  day  on  which  the  fame 
was  made  payable,  the  whole,  or  if  before  iuch  day,  then  a  pro- 
portion of  fuch  rent,  according  to  the  time  fuch  tenant  for  life 
lived.     11  G.  2.  c.  19.  /  15. 

Xl^II.  Of  dijlrefs  by  warrant  of  juftices  of  the  peace. 

By  the  27  G.  2.  c.  20.  It  is  enafted  as  follows:  In  all  cafes 
Inhere  any  jujlice  of  the  peace  is  or  fhall  be  required  or  impcujered 
by  any  o3  of  parliament  ^  to  ifue  a  luarrant  of  difrefsy  for  the 
leiiying  of  any  penalty  inf.iiicdy  or  any  fum  of  mon.y  diriBcd  to  hi 
paid  by  fuch  a^  \  it  Jhall  be  lanuful  for  the  jujlice  granting  fucb 
nvarrant,  therein  to  order  and  direS  the  goods  and  chattels  fo  to  bt 
difiraincd  te  he  fold  and  difpofd  of  ixjithin  a  certain  time  to  be  It- 
mi  ted  in  fuch  'iv  arrant,  fo  asjuch  time  be  nof  lefs  thanftur  daysy  nor 

U  Z  mere 


292  SDi'ftrefe. 


msrt  than  eight  do^s,  unhfs  the  penalty  cr  fum  of  money  for  'vjhieh 
Jucb  dijii  tfs  Jhnlt  be  mnJe,  together  nuith  the  rccijonable  charges  of 
taking  and  keeping  fuch  dijirrfs,  he  Jooner  paid, 

And  the  c^cer  making  fuch  dilirtfs,  Jhall  and  may  dcduSi  the  rea' 
finable  chargls  of  taking,  keefing,  and  filing  fuch  difrefi,  out  cf 
the  mcn.y  orifing  ky  fuch  fule  ;  and  the  overplus  (if  any)  after  fuck 
charges,  and  olfo  the  faid  penalty  or  Cum  of  money,  Jhall  he  fatisfcd 
and  paid,  fiiall  be  returned  on  demand,  to  the  ciuner  of  tht  goods  fo 
difrained:  and  the  cf.ccr  executing  fuch  luarrant,  if  required,  Jhall 
Jheiv  the  fame  to  the  per  fan  ivbofe  goods  are  dijlraintd,  and  Jhall  juffer 
a  copy  thereof  to  be  taken. 

But  this  Jhall  net  extend,  to  alter  any  pronjrfons  relating  to  di- 
fireffes  to  he  made  far  the  payment  cf  tithes  and  church  rates  by  tht 
people  called  quakers,  contained  in  the  ads  of  the  y  Sc  Z  W^ .  c.  34. 
and  the  \  G,  ft.  2.  c.  6, 

Officer  may  deduSi  the  renfonahle  charges']  But  here  is  no  power 
given  to  the  jaftices,  to  afcertain  fuch  charges ;  therefore  it  feemetb, 
that  the  officer  executing  the  warrant  (hall  be  the  fole  judge  thereof 
in  the  firft  inftance,  and  afterwards,  if  the  owner  of  the  goods 
diftrained  fhall  be  diflatisfied,  the  reafonablenefs  thereof  fhall  be 
determined  by  a  judge  and  jury  upon  an  aftion  brought. 

But  by  fpecial  rtatute%  this  power  of  aicertaining  the  charges  of 
diftrefs  and  fale,  is  fometimes  given  to  the  julticcs,  as  is  fet  forth 
in  this  book  under  the  refpeclive  titles. 

tithes  and  church  rates  by  the  people  called  quakers]  The  above- 
faid  ftatutes  of  the  7  {5'  8  W.  c.  34.  and  i  G.  ft.  2.  c.  6.  relate 
not  only  to  tithes  and  church  rates  [hy  which  laft  feemeth  only  to 
be  underfiood  the  churchwardens  rate  for  the  repair  and  other  u{es 
of  the  church),  but  alfo  to  any  cuftomary  or  other  rates,  dues,  or 
payments,  belonging  to  any  church  or  chapel,  which  of  right  by 
law  and  cuftom  ought  to  be  paid  for  the  ftipend  or  maintenance  of 
any  miniller  or  curate  officiating  in  any  church  or  chapel.  There- 
fore for  any  thing  that  appears  from  the  words  of  this  ftatute,  un- 
lefs  it  be  in  the  cafe  oi  tithes  or  church  rates,  the  juftices  may  order 
the  diltrefs  for  thofe  other  dues  and  payments  to  be  detained  for  a 
certain  time,  and  the  officer  may  dedud  the  charges  not  only  of 
diftraining,  but  alio  oi  keeping  ?LX\d  felling  the  diflref? ;  whereas  by 
thofe  former  afls  abovementioned,  the  officer  was  only  allowed  to 
dedudt  the  neceffary  charges  of  diftraining. 

A.     Notice  to  be   affixed  on  the  premises  being 
-  dderted. 
Abraham  Sutcliffe, 

TAKE  notice,  that  upon  the  complaint  of  Eleanor  AHiton  of 
Underley  in  the  county  of  Weflmorland,  iiidziv,  made  unto 
us  John  Moore,  efquire,  atid  Richard  Burn,  cLrk,  tnx-o  of  his  ma- 
j>Jiysjiftirfs  of  the  peace  for  the  faid  count),  that  you  the  f aid  Abra- 
iiam  Sutclifie  hai;e  defer  ted  the  rnejfuage  and  tenement  callt  d  •  ■ 

coufijiing  of ftuate^  ty'gi  and  being  at  Underley  afcrefuid, 

in  the  county  aforefaid^  unto ^ou  demij'ed  at  rack  rent  by  her  the  faid 

Eleanor 


2r>iftrcte*  293 


Eleanor  Afhton,  and  that  there  is  in  arrcar  and  due  from ycu  the 
/aid  A.  S.  unto  her  the  faid  E.  A.  one  iK'hole  year''s  rent  for  the  /kid 
dcmi/ed  fremi/Jci,  and  that  you  hai-e  Ir/t  the /aid  premi/J'es  unculti- 
njated  end  unoccupied,  /o  that  no  Ju/'.cie/it  d/Jir/s  can  be  had,  to  coun- 
ter-jail the  faid  arrears  0/  rent ;  nue  the  /aid ju/iices  (hai'tng  no  in» 
tcre/i,  nor  either  0/  us  halting  any  interej}^  in  the  /aid  demi/ed  prf 
tnijj'es)  on  the  /ai^  complaint  as  a/jrejaid,  and  at  the  riqucji  c/ her 
the  faid  E.  A.  ha've  this  day  come  upon  ard  vic'wed  the  /aid  dtmi/ed 
■prcmij/eSy  and  do  find  the  /aid  complaint  to  he  true;  and  on  the  zSth 
day  0/  this  pre/nt  month  0/  February  i<:e  i^Hl  return  to  take  a /econd 
lieiv  thereo/,  and  i/  upon  /uch  /econd  litiu,  you,  or  /me per/n  en 
your  bihal/,  J/jull  not  appear  and  fay  the  /aid  rent  in  arrear,  or  there 
/ball  not  be /njicient  dijiri/t  on  the  /aid  premi/es,  then  ive  the  /aid 
jujiices  ^vilt  put  her  the /aid  ^.  A.  into  the  poJJe/Jion  0/  the  /aid  di- 
fni/ed  premi/fes,  according  to  the  /orm  of  the  patute  in  /uch  cafe  made 
and  proi;idtd.  In  nvitnefs  ixhereo/  ^we  hwve  hereunto  /ct  our  bands 
and/eals,  and  have  caufcd  this  notice  to  be  affixed  on  the  out  door  c/ 
the  manjion  hou/e,  the  fame  being  the  mo/  notorious  part  0/  the  /aid 
premi/J'es,  this  fourth  day  of  February  in  the  2'jth  year  0/  the  reign 
of  our  fovcreign  /or^  George  the /econd  0/' Great  Britain,  France, 
and  Ireland,  king, 

B.     Record  of  putting  the  la-ndlord  into  poffefTion. 

Weftmorland.  1^  E  it  r(m:mhrcd,  that  on  the  /our-th  day  cf 
Jf^  February  in  the  zjth  year  cf  the  reign  0/ 
our  fovcreign  lord  George  the  /cond  0/  Great  Britain,  France, 
<j;7fl' Ireland,  king,  d/mdir  0/  the  /ait h,  ar.d /o  forth^  at  Under- 
ley  in  the  /aid  couMy,  Eleanor  Afhton  o/' Underley  a/ore/aid,  in 
the  county  a/ore/'td,  luidoiv,  complained  unto  us  John  Moore, 
e/quire,  and  Richard  Burn,  clo-k,  tivo  0/  the  jufiices  0/  our  /aid 
lord  the  kingj  a/fgncd  to  keep  the  peace  ivithin  the  /aid  county,  and 
al/o  to  hear  and  dttermine  dii'ers  felonies,  tre/pc/fes,  and  other  m/- 
demeanors  in  the  /aid  county  committed,  That  Jhe  the  /aid  Eleanof 
Afliton  did  demife  at  rack  rent  unto  Abraham  Sutcliffe  a/-  ■  « 
yoman,  the  me/fuage  and  tenement  cell,  d  ccn/i/wg  0/  • 

/ituate,  lying,  and  being  at  Underley  afore/aid,  in  the  county  c/ore- 
/aid ;  and  that  on  the  /aid flurih  day  0/  February  in  the  year 
a/ure/iid,  thtre  nuas  in  arrtar  and  due  unto  htr  the  /aid  E.  A, 
/rom  him  the  faid  A.  S.  tenant  i/  the  /aid  dtmi/d  premijjls,  one 
nxj hole  year  s  rent  thereo/;  and  that  he  the  /lid  A.  S.  had de/erted 
the  /aid  d^mi/d  premi/jts,  and  b/t  the  /aine  uncultivated  and  unoc- 
cupi  d,  Jo  as  no  /ujficient  d/rejs  could  he  had  to  counttr'vail  the 
/aid  arrears  c/  rent  :  lAjhereupon  the  faid  "E..  A.  thin  and  there,  to 
i>~it,  on  the  juid /curth  day  0/' February  z'r  the  year  a/ore/aid,  at 
Underlay  ajor/ai.l,  in  the  county  a/on/aid,  rcque/ed  0/  us  Jo  as 
ajo'tjala  being  jp/ices,  to  her  in  this  bchal/  that  a  due  remtdy 
Jhould  he  prcvidcd,  according  to  the  /orm  (/  the  Jiatute  in  that  co/e 
made.  Which  complaint  and  requefi  by  us  the  i/orcfi-id  jujiices  be- 
ing heard,  nve  the  /aid  John  Moore,  efquire,  and  Richard  hum, 
clerk,  jt/ticcs  a/ore/aid  fha-vin^  no  interej},  nor  cither  0/  us  bai-ing 
^ny  tnf^fuji^  in  the  /aid  dcm/ed  frcmijjesj  on  tkt  ^uid  fourth  d.-y 

U  3  '  "  ^ 


294  ^ittttiS. 


cf  February  in  the  year  aforefaid,  at  Underley  afortfaid,  in  tls 
county  aforefaid,  did  per/onally  go  upon  and  'vietv  the  fid  dcmifd 
fremiffes^  and  then  and  there  upon  our  otvn  proper  'vitiv  did  find  the 
/aid  complaint  to  be  true,  and  did  then  and  there  afiix  on  the  moji 
notorious  part  of  the  faid  dtmifed  pretniffesy  to  nvit,  upon  the  out 
door  of  the  manfion  houfe  aforefaid,  a  notice  in  ivriting  under  our 
bands  and  feats,  that  lue  the  faid  jujiices,  on  the  z  Sth  day  of  the 
fame  month  of  February  in  the  year  aforefaid,  nuould  return  to 
take  a  fecond  mieiu  thereof  Upon  ixhicb  fiid  z^th  day  of  Febru- 
ary in  the  2'jth  year  aforefaid  of  cur  faid  fovt  reign  lord,  ive  the 
faid  jujiices  do  nonu  return,  come  upon,  and  take  a  fecond  njie^uc  of 
the  premiffes  aforefaid,  and  there  upon  our  oixn  proper  njienx  do  find, 
that  he  the  faid  Ahrnham  SutcIifFe  doth  not  appear,  nor  any  ferfon 
on  his  behalf  doth  appear,  and  pay  the  fad  riut  in  arrear,  and  that 
there  is  no  fufiicient  difirefs  upon  the  pnmijfes  afbref, id,  nor  upon  any 
■part  thererf  to  counter<vail  the  faid  arrears  oj  rent.  Therefore  wje 
the  faid  jujiices,  at  Underlay  iforefaid,  in  the  county  aforefaid,  on 
the  2%th  day  of  February  aforefaid  in  the  year  aforefaid,  do  put 
the  faid  Eleanor  Afhton  into  the  pofftfjion  of  the  /aid  demifed  pre- 
■miffes,  according  to  the  form  of  the  fiatute  aforefaid.  In  luitneft 
nuhtret^f  ai'e  the  faid  jujVices,  unto  this  record  do  fet  our  feats,  at 
Underley  aforefaid,  in  the  county  aforefaid,  on  ttie  faid  z%th  day 
of  February  in  the  zjth  year  aforefaid  of  the  reign  of  our  J  aid 
fo'vereign  lord  George  the  fecond  of  Great  Britain^  France,  at:d. 
Ireland,  king. 

Diftriniyajo*    See  ^^oci?fe. 

DiUine  SerUice/  See  J^ubiicfe  C^lo^fljip* 

Dcio:^>    See  <^ame» 

£)oo^  b^ealunn;  open*    See  ^ccelf* 

I)mzi.    See  iFo^feitute* 

D^ol3cr*    See  Cattle. 

£)nniHeniiefe*    See  aicljotife^* 

iDuellinn;*    See  cpomiciDc* 

S)pet:j5»    See  oHocUcii  ©anufaffuce. 


Cm^* 


295 


C5gs.    See  (Pame. 

€0pptiatt0.    See  JUagrantjgr 

€m\)tautv-   See  flpattitmance. 

cfcape. 

THIS  is  to  be  underflood  of  efcapes  In  criminal  cafes ;  aod 
not  in  f/17/  cafes,  as  for  debt,  or  the  like. 

An  efcape  is,  where  one  that  is  arrefted  gaineth  his  liberty,  be-  Efcape,  what, 
fore  he  is  delivered  by  courfe  of  law.     Terms  de  la  ley. 

Efcapes  are  of  three  kinds,  i .  By  a  perfon  who  hath  the  of-  Several  kli& 
fender  in  his  cuflody;  this  is  properly  called  an  efcape.  2.  Caufed  t'^*^*''' 
by  a  ftranger;  this  is  commonly  called  a  refcue.  3.  By  the  party 
himfelf;  cither  without  force,  which  is  fimply  an  efcape,  or  with 
force,  which  is  p-ifon  breaking.  Refcout  and  pifon  breaking  are 
treated  of  under  their  refpedtive  titles ;  and  this  title  treats  only 
of  efcapes  properly  fo  called.  Concerning  which  we  will  treat  in 
the  following  order : 

/.  Of  efcape  by  the  party  hlmfeif. 

II.  Efcape  fuffered  by  a  private  perfon^ 

III.  Efcape  fuffered  by  an  officer. 

IV.  What  is  a  voluntary^   and  what  a  neglige7is 

efcape. 
F.  Concernhig  the  retaking  of  a  perfon  efcaped* 

VI.  Indictment  for  an  efcape. 

VII.  'Trial  and  conviBion  for  an  efcape, 
VIII  Punifjment  of  an  efcape. 

IX.  Aiding  in  attemptijig  to  efcape, 

L  Of  efcape  by  the  party  himfelf. 

As  all  perfons  are  bound  to  fubmit  themfelves  to  the  judgment  pf^apg  by  th<i 
of  the  law,  snd  to  be  ready  to  be  juflified  by  it ;  whoever  in  any  party  bimielf. 
cafe  refufes  to  undergo  that  imprifonnient  which  the  law  thinks  fit 
to  put  upon  him,  and  frees  himfelf  from  it  by  any  artifice,  before 
fuch  time  as  he  is  delivered  by  due  courfe  of  law,  is  guilty  of  a 
high  contempt,  punifhable  with  fine  and  imprifonment.  2  Haiv, 
122. 

But  efcape  committed  by  the  party  himfelf,  belongs  more  pro- 
perly to  the  title  Pri/on  breaking. 

V  4.  //.  Ffcape 


296  cfcape. 

//.  Efcape'fuffered  by  a  private  per  [on. 

Efcape  by  a  pri-  It  feems  to  be  a  good  general  rule,  that  wherever  any  perfbn 
Tateperfon.  hatli  another  lawfully  in  his  cullndy,  whether  upon  an  arreft  made 
by  hirofelf  or  another,  he  is  guilty  of  an  efcape,  if  he  fufFer  hJra 
to  go  at  large,  before  he  hath  difcharged  hitnfelf  of  him,  by  de- 
livering him  over  to  fome  other  who  by  law  ought  to  have  the 
cuftody  of  him.      2  Haiv.  138. 

And  the  law  is  generally  the  fame,  in  relation  to  efcapes  fufFered 
by  private  perfons,  as  by  officers.     2  Hun.'^.  138. 

///.  Efcape  fiiffered  by  an  officer. 

Xfcapebyan  I-  Tn  order  to  make  it  an  efcape,  there  muft  be  an  aftual  V- 

o^cer.  reft  ;  and  therefore,  if  an  oiTicer  having  a  warrant  to  arreft  a  man, 

There  mufl:  be  a  fgg  ^jm  (jj^^  ^p  \^  g  houfe,  and  challenge  him  as  his  prifoner,  but 
previous  arreft.     pgygp  adually  have  him  in  his  cuftody,  and  the  party  get  free,  the 

pfficer  cannot  be  charged  with  an  efcape.     2  Ha'z^:.  1  29. 
And  juftifiable,         2.  And  as  there  muft  be  an  adtual  arreft,  fuch  arreft  muft  be  ajfo 
juftifiable  ;  for  if  it  be  either  for  a  fuppofed  crime,  where  no  fuch 
cri-me  was  committed,  and  the  party  neither  indi<5led  nor  appealed, 
or  for  fuch  a  flight  fufpicion  of  an  aflual  crime,  and  by  fuch  ^n 
irregular  mittimus  as  will  neither  juftify  the  arreft  nor  imprifon- 
ment,  the  officer  is  not  guilty  of  an  efcape,  by  fuffering  the  pri- 
foner to  go  at  large.     2  Haiu.  129. 
And  for  a  crimi-      3.  And  as  the  imprifonment  muft  be  juftifiable,  fo  it  muft  be 
»al  offence.         alfo  for  a  criminal  offence.     2  Ha%v.  1 29. 

And  not  detained  4-  Alfo  if  a  prifoner  be  acquitted,  and  detained  only  for  his 
•nlyfor  fees.  fees,  it  will  not  be  criminal  to  fuffer  him  to  efcape,  tho'  the  judg- 
ment were,  that  he  be  difcharged  paying  his  fees,  fo  that  till  they 
be  paid,  the  firft  imprifonment  continued  lawful  as  before  ;  for  in- 
afmuch  as  he  is  detained,  not  as  a  criminal,  but  only  as  a  debtor, 
his  efcape  cannot  be  more  criminal  than  that  of  any  other  debtor  : 
Yet  if  a  perfon  ccnvidled  of  a  crime,  be  condemned  to  imprifon- 
ment for  a  certain  time,  and  alfq  till  he  pay  his  fees,  and  he  efcape 
after  fuch  time  is  elapfed,  without  paying  them,  perhaps  fuch 
efcape  may  be  criminal,  for  that  it  was  part  of  the  puniftjment 
that  the  imprifonment  be  continued  till  the  fees  fhould  be  paid  ; 
but  it  feems,  that  this  is  to  be  intended  where  the  fees  are  due  to 
others  as  well  as  to  the  gaoler,  for  otherwife  the  gaoler  will  be  the 
only  fijffsrer  by  the  efcape,  and  it  will  be  hard  to  punifh  him  for 
fuffering  an  injury  to  himfelf  only,  in  the  nonpayment  of  a  dtbt 
in  his  power  to  releafe.  2  Hanv.  i  29,  130. 
Tco  much  liber-  5.  Alfo,  it  is  an  efcape  in  fome  cafes,  to  fuffer  a  prifoner  to 
t^,  an  efcape.  have  greater  liberty,  than  by  the  law  he  ought  to  have  ;  as  to  ad- 
mit a  perfon  tq  bail,  who  by  I2.W  ought  not  to  he  bailed,  but  to  be 
kept  in  clofe  cuftody.      2  Haiv.  i  30. 

So  if  a  gaoler,  or  other  off.cer,  fliall  licenfe  his  prifoner  to  go 
abroad  for  a  time,  and  to  come  again;  this  is  an  efcape,  becaufe  tha 
prifoner  is  found  out  of  the  bounds  of  his  prifon,  tho'  the  p.-ifoner 
fewri^isgain,  accordijig  as  he  ^W  be  |)refcj:ibed.     DuU,  c.  159. 

6.  li 


cfcapt*  297 

6.  If  the  gaoler  fo  clofely  purfae  the  prifoner  who  flies  from  LoHng  fight,  ui 
Mm,  that  he  retakes  him,  without  lofing  fight  of  him,  the  law  ^^"P^* 
looks  on  the  prifoner  fo  far  in  his  power  all  the  time,  as  not  to 
adjudge  fuch  a  flight  to  amount  at  all  to  an  efcape  ;  but  if  the 
gaoler  once  lofe  fight  of  the  prifoner,  and  afterwards  retake  hini, 
he  fcems  in  ftrittnefs  to  be  gnilfy  of  an  efcape.  And  if  he  kill 
him  in  the  purfuit,  he  is  in  like  manner  guilty  of  an  efcape,  tho' 
he  never  loft  fight  of  him,  and  could  not  otherwife  take  him,  not 
oply  becaufe  the  king  lofes  the  benefit  he  might  have  had  by  the 
forfeiture  on  his  attainder,  but  alfo  becaufe  the  publick  juftice  is 
not  fo  well  fatisfied  by  the  killing  him  in  fuch  an  extrajudicial 
manner.     2  Hai<j.  i  30. 

IV.  What  is  a  voluntary^  and  what  a  negligent  efcape. 

1 .  Wherever  an  officer,  who  hath  the  cuftody  of  a  prifoner,  VoJuntary 
charged  with  and  guilty  of  a  capital  offence,  doth  knowingly  give  ^  """P^'  ^  *** 
him  his  liberty,  with  an  intent  to  fave  him  from  his  trial  or  exe- 
cution, this  is  a  voluntary  efcape.      2  Hatv.  130. 

2.  A  negligent  efcape  is,  when  the  party  arrefted  or  imprifoned  Negligent  efcape, 
doth  efcape  againft  the  will  of  him  that  arrelled  or  imprifoned  ^^*^' 

him,  and  is  not  frefhly  purfued  and  taken  again,  before  he  hath 
bit  the  fight  of  him.     Dtnt.  f   1  59. 

3.  If  the  conftable  or  other  officer,    fhall  voluntarily  fuffier  a  Suffering  a  pri- 
thief,  being  in  his  cullody  to  go  into  the  water  to  drown  himfelf,  '""'='■  ^o  ^^^ 
this  efcape  is  felony  in  the  ccnftable,  and  the  drowning  is  felony    "" 

in  the  thief:  Otherwife  if  the  thief  Ihali  fuddenly  without  the  af- 
fent  of  the  conftable,  kill,  hang,  or  drown  himfelf,  this  is  but  a 
negligent  efcape  in  the  conftable.     Dali.  c.  159. 

V.  Concerning  the  retaking  of  a  perfon  efcaped. 

X.  If  an  officer  hath  arrefted  a  man  by  virtue  of  a  warrant,  Let  go  volunri- 
and  then  taketh  his  promife  that  he  will  come  again,  and  fo  letteth  ^^^^'  '^*''"°'  ^ 
liim  go  ;  the  officer  cannot  after  arreft  or  take  him  again  by  force 
of  his  former  warrant,  for  that  this  was  by  the  confent  of  the  of- 
ficer :  But  if  he  return,  and  put  himfelf  again  under  the  cuftody 
of  the  officer,  it  feems  that  it  may  be  probably  argued,  that  the 
officer  may  lawfully  detain  him,  and  bring  him  before  the  juftice 
in  purfuance  of  the  warrant.     Dalt.  c.  i6g.      i  Ha<iv.  81. 

2.  But  if  the  party  arrefted  had  efcaped  of  his  own  wrong,  Frefii  fuit. 
without  the  confent  of  the  officer,  now  upon  frefh  fuit,  the  officer 
may  take  him  again  and  again,  fo  often  as  he  efcapeth,  altho'  he 
were  out  of  view,  or  that  he  fhall  fly  into  another  town  or  county, 
and  bring  him  before  the  juftice  upon  whofe  warrant  he  was  firll 
arrefted.     Dalt.  c.  i6q. 

And  it  is  faid  generally  in  fome  books,  that  an  officer  who  hath 
negliii,ently  fuffered  a  prifoner  to  efcape,  may  retake  him  wherever 
he  f.iids  him,  without  mentioning  any  frefti  purfuit;  and  indeed 
fince  the  liberty  gained  by  the  prifoner  is  wholly  owing  to  his  own 
wrong,  there  feems  to  be  no  reafon  he  (hould  take  any  manner  of 
gdyanra?e  fiorn  it.     2  liav:^  131,  133, 

3.  An4 


.298 

Breaking  open 
4oors  tu  reiake 


Retaking  excu- 
£eth  not  the 

cicape. 


Cfcape. 


Isdictmcct* 


Caoler  not  pro- 
ducing him,  a 
conviflion. 


Felony  to  be 
tried  before  the 


Puni/hincnt  of 
efcipe  befoie 

arreft. 

Of  efcape  by  a 
private  peribn. 


5.  And  wherever  a  perfon  is  lawfully  arrefted  for  an^  caufe, 
and  afterwards  efcapes,  and  fhelters  him  in  an  houfe,  the  doors 
may  be  broke  open  to  take  him,  on  refufal  of  admittance. 
2  Ha^u.  87. 

4.  It  is  perhaps  the  better  opinion,  that  wherever  a  prifoner, 
by  the  negligence  of  his  keeper,  gets  fo  far  out  of  his  power, 
that  the  keeper  lofes  fight  of  him,  the  keeper  is  punifhable  for  the 
efcape,  nocwithitanding  he  retook  him  immediately  after  :  And  it 
is  clear,  that  he  cannot  excufe  himfelf  from  an  efcape,  bj'  killing 
a  prifoner  in  the  purfuit,  tho'  he  could  not  poffibly  retake  him  ; 
but  mull  in  fuch  cafe  be  content  to  fubmit  to  fuch  puniihment,  as 
his  negligence  fhall  appear  to  deftrve.     2  Haiv.  132. 

VL  Indi^ment  for  an  efcape. 

It  feems  clear,  that  every  indidment  (  A  )  for  an  efcape,  whe- 
ther negligent  or  voluntary,  muft  exprefly  ftiew,  that  the  pri- 
foner was  adtually  in  the  defendant's  cuftody  for  fuch  a  crime  ; 
and  that  he  went  at  large ;  And  if  for  a  voluntary  efcape,  that 
the  defendant  felonioufly  and  voluntarily  fuiFered  him  to  go  at 
large  ;  and  muft  let  forth,  not  the  felony  in  general,  but  the  par- 
ticular kind  of  felony  :  But  it  feems  queftionable,  whether  fuck 
certainty,  as  to  the  nature  of  the  crime,  be  necefTary  ia  an  indiifl- 
ment  for  a  negligent  efcape ;  for  that  it  is  not  material  in  this  cafe, 
whether  the  perfon  who  efcaped  were  guilty  or  not.  z  Ha'w, 
I33>  229. 

VIL  Trial  and  convl5lion  for  an  efcape. 

\ .  If  the  prifoner  be  of  record  in  a  court,  and  the  gaoler  being 
called,  cannot  give  an  account  where  he  is,  this  is  a  conviftion  of 
an  efcape ;  but  feems  not  a  convidion  of  a  voluntary  efcape,  un- 
lefs  the  gaoler  confeiTeth  ic :  And  the  gaoler  may  be  lined  in  fuch 
a  cafe ;  but  not  convi£led  of  felony,  without  indictment  or  pre- 
fentme:*t.      i//. /f.  599,  603. 

2.  And  it  feems  to  be  clear,  that  a  keeper  who  voluntarily  fuf- 
fers  another  to  efcape,  who  was  in  his  cullody  for  felony,  cannot 
be  arraigned  for  fuch  efcape  as  for  felony,  until  the  principal  be 
attainted,  for  that  the  felony  of  the  prifoner  (hall  not  be  tried  be- 
tween the  king  and  the  keeper,  becaufe  the  prifoner  is  a  llranger 
thereunto;  yet  he  may  be  indicted  and  tried  for  it  as  a  mifprifion, 
before  the  attainder  of  the  principal  otfeuder,  2  Eu<vj.  135. 
zL!j}.-^C)i,  592. 

VIIL  Ptinifhment  of  an  efcape. 

1.  If  a  felon  efcapes  before  arrell:,  it  is  not  puniiTiable  in  him 
as  felony  ;  but  for  the  flight  he  forfeits  his  goods  when  prefentcd. 
Haus  PL  III. 

2.  If  a  private  perfon  arreft  a  felon,  and  he  efcape  by  force 
from  him,  the  townfhip  fliall  be  amerced,  but  it  feerns  it  excufeth 
the  party,  becaufe  he  cannot  railc  power  to  auill  him  :  but  if  a 

conitable. 


cfcapt.  299 


fondable,  or  otlier  ofiker,  hath  the  cuftody  of  a  prifoner,  bring- 
ing him  to  the  gaol,  it  feems  that  a  fimple  efcape  by  the  refcue  of 
the  prifoner  himfelf,  doth  not  wholly  excufe  him,  becaufe  he  may 
take  Sufficient  llrength  to  his  afiiftance.      i  H.  11.  601. 

3.  Wherever  a  perfon  is  found  guilty  upon  an  indiftment  or  pre-  Of  a  negligent 
fentment  of  a  negligent  efcape  of  a  criminal  aftually  in  his  cuftody,  ef"pe. 

he  is  puniihable  by  fine  and  imprifonment,  according  to  the  qua- 
lity of  the  offence.     2  IIwm.  i  36,  139.     1  H.  H.  600,  604. 

And  it  feems  to  be  ths  better  opinion,  that  a  fherifF  is  as  much 
liable  to  anfwer  for  a  negligent  efcape  fufFered  by  his  bailiff,  as  if 
he  had  adually  fufFered  it  himfelf,  and  that  the  court  may  charge 
cither  the  fheriff  or  bailiff  for  fuch  an  efcape ;  and  if  a  deputy 
gaoler  be  not  fufficient  to  anfwer  a  negligent  efcape,  his  principal 
inuft  anfwer  for  him.      2  lian.v.  135. 

Note ;  Mr.  Haivkins,  altho'  he  is  one  of  the  moft  accurate 
of  all  writers,  yet  hath  inferted  in  this  place  certain  penalties 
for  efcapes,    which   were    expired   above    200   years    before. 

Z  Haiu.   I  ^jj. 

If  a  prifoner  for  felony  break  the  gaol,  this  feems  to  be  a 
neglgent  efcape  in  the  gaoler,  becaufe  there  wanted  either  that 
due  llrength  in  the  gaol,  that  fhonld  have  fecured  him,  or  that 
due  vigilance  in  the  gaoler  or  his  officers  to  have  prevented 
it ;  and  therefore  it  is  lawful  for  the  gaoler  to  hamper  them 
with  irons  to  prevent  their  efcape;  for  if  gaolers  might  not  be 
punilhed  for  this  as  a  negligent  efcape,  they  would  be  carelefs 
cither  to  fecure  their  prifoners,  or  to  retake  them  that  efcape. 
iH.H.  601. 

4.  It  feems  to  be  generally  agreed,  that  a  voluntary  efcape  fuf-  of  a  voluntary 
fered  by  an  officer,  amounts  to  the  fame  kind  of  crime,  and  is  efcape. 
puniihable  in  the  fame  degree,  as  the  offence  of  which  the  party 

■Was  guilty,  and  for  whicn  he  was  in  cullody,  whether  it  be  trea- 
fon,  felony,  or  trefpafs.     2  Htizv.  134. 

But  yet  a  voluntary  efcape  is  no  felony,  if  the  afl  done  were 
pot  felony  at  the  time  of  the  efcape  made,  as  in  cafe  of  a  mor- 
tal wound  given,  and  the  party  not  dying  till  after  the  efcape; 
but  the  officer  may  be  fined  to  the  value  of  his  goods.  Da/t. 
c.  159. 

Alio,  a  voluntary  efcape  fufFered  by  one  who  wrongfully  takes 
upon  him  the  keeping  of  a  gaol,  feems  to  be  punifhdble  in  the 
fame  manner,  as  if  he  was  never  fb  righcfully  intitled  to  fuch 
cuftody ;  for  that  the  crime  is  in  both  cifes  of  the  fame  ill  con- 
fequence  to  the  publick  :  and  there  feems  to  be  no  reafon  that 
a  wrongful  officer  fhould  have  greater  favour  than  a  rightful, 
and  that  for  no  other  reafon  but  becaufe  he  is  a  wrongful  one. 
2  Hanv.  I  34. 

But  it  feemeth  to  be  clear,  that  no  one  is  puniihable  as  for  fe- 
lony, for  the  voluntary  eicape  of  a  felon,  biu  the  perfon  only 
who  is  adf  ually  guilty  of  it ;  and  therefore  that  the  principal 
gaoler  is  only  fineable  for  a  voluntary  eicape  fufFered  by  his  de- 
puty ;  for  that  no  one  flull  fufier  capitally  for  the  crime  of  an- 
other.    2  Haiij.  iTj^. 

3  And 


300  cfcape. 


And  therefore,  altho'  in  all  civil  caufes,  the  fiicrifF  is  to  bs 
refponfible,  or  the  gaoler,  at  eledtion,  yet  if  the  gaoler  do 
voluntarily  fuffer  a  felon  in  his  cuilody  to  efcape;  this,  inaf- 
much  as  it  reacheth  to  life,  is  felony  only  in  the  gaoler,  that 
was  immediately  trufted  with  the  cuftody,  ar.d  not  in  the  fherifF. 
I  H.  H.  597. 

For  the  efcape  mufi;  be  voluntarily  permitted  in  him  that  per- 
mitted it,  whicii  could  not  be  in  the  high  fheriff,  tho'  it  were 
fuch  in  the  gaoler,  for  he  was  not  privy  to  it,  and  therefore  could 
not  do  it  felonicufly ;  but  it  was  a  negligent  efcape  in  him,  in 
trufting  fuch  a  perfon  with  the  cuftody  of  his  prifoners,  that 
would  be  falfe  to  his  truft,  and  therefore  the  fherifF  fhail  pay,  bat 
not  corporally  fufFer  for  the  mifcarriage  of  his  gaoler,     i  H.  i/. 

597.  598- 

But  altho'  the  felony  for  which  a  man  is  committed,  be  not 
within  clergy ;  yet  the  perfon  who  voluntarily  fuffers  him  to 
efcape,  fhall  have  the  benefit  of  clergy,      i  H.  H.  599. 

JX.  Aiding  in  attempitig  to  efcape. 

Aiding  in  at-  ^X  the  16  (?.  2.  c.  31.  If  any  perfon  fliall  iSA  any  prifoner 

tempting  to         to  attempt   his  efcape  from  any  gaol,  tho'  no  efcape  be  aftually 
efcape,  made,  if  fuch  prifoner  was  then  attainted  or  convicted  of  treafon 

or  felony  (except  petty  larceny;,  or  lawfully  committed  to,  or 
detained  in  any  gaol,  for  treafon  or  felony  (except  petty  larceny) 
exprelfed  in  the  warrant  of  commitment ;  he  fhall  be  guilty  of 
felony,  and  be  tranfported  for  feven  years :  And  if  fuch  prifoner 
was  then  convicted  of,  or  detained  in  gaol  for  petty  larceny, 
or  any  other  crime  not  being  treafon  or  felony,  exprefled  in 
the  warrant  of  commitment,  or  wis  then  in  gaol  for  debt  amount- 
ing to  100/.  he  fhall  be  guilty  of  a  mifdemeanor,  and  be  liable  to 
line  and  imprifonment. 

And  if  any  perfon  fhall  convey,  or  caufe  to  be  conveyed,  any 
d'fgui/e,  i-njirufrunt,  or  ar?>is,  to  any  prifoner  in  gaol,  or  to  any 
other  perfon  there  for  his  ufe,  without  confent  of  the  keeper  ; 
fuch  perfon,  altho'  no  ffcape  or  attempt  be  actually  made,  flialt  be 
deemed  to  have  delivered  fuch  difguife,  inftrument,  or  arms, 
with  an  intent  to  aflifl  fuch  prifoner  to  efcape  or  attempt  to  efcape ; 
and  if  fuch  prifoner  then  was  attainted  or  convidted  of  treafon 
or  fdony  (except  petty  larceny),  or  lawfully  detained  in  gaol,  for 
treafon  or  felony  (except  petty  larceny)  exprefled  in  the  warrant 
of  commitment;  —  he  ihall  be  guilty  of  felony,  and  be  tranf- 
ported for  feven  years:  But  if  the  prifoner  was  then  convided 
or  detained  for  petty  larceny,  or  any  other  crime  not  being  trea- 
fon or  felony,  expreUed  in  the  warrant  of  commitment,  or  for 
debt  amounting  to  100/.  he  fhail  be  guilty  of  a  mifderaeanor, 
and  liable  to  fine  and  imprifcnment. 

And  if  any  perfon  fhall  alTilt  any  prifoner  to  attempt  to  efcape 
/roK  ans  conjiabl; ,  or  other  perfon,  who  fliall  have  the  lawful 
charge  of  him,  in  order  to  carry  him  to  gaol,  by  virtue  of  a 
warrant  of  commitment  for  treafon  or  fclpny  (except  petty  lar- 
ceny; ;  or  if  any  perfon  fhall  allilt  any  feloa  10  att^-Jiipc  his  elcap^ 

troft* 


cfcape*  301 

from  on  board  any  hoat  or  fejjel  carrying  felons  for  tranf^orta* 
tion,  or  from  the  contractor  for  the  tranfportation  of  fuch  felons, 
or  his  agents,  he  fhall  be  guilty  of  felony,  and  be  tranfportcd  for 
feven  years. 

All  profecuticns  on  this  a£l  to  be  commenced  within  a  yeat 
after  the  oifence  committed. 

A.     Indl(5tment  againft  a  conftable  for  an  efcape. 

Weftmorland.  '"l"^  H  E  jurors  for  our  lord  the  king  upon  their 

J^      oath  pefenty  That  on  the  — — ■ day  of 

■  ■    in  the  — ' year   of   the    reign   of       ■  at 

— - — — —  in  the  county  aforefaid,   one  A.  I.  of  •  came 

before  J.  P.  efquire^  then  and  yet  07ie  of  the  jufiices  of  our  faid 
lord  the  king,  affigned  to  keep  the  peace  in  the  faid  county,  and  alfo 
to  hear  and  ditirmijie  divers  felonies,  trefpaffes,  and  other  mifde- 
meoflors  in  the  faid  county  committed;  and  the  faid  A.  I.  did,  then 
and  there,  on  his  oath,   bfore  the  fame  jujiice^  charge,   accife,   and 

give  information  againfi  one  A.  O.   of aforefaid  in  the 

county  oforefaid,  yeoman,  for  a  certain  rnifJefneanor,    in  taking  fifh 

out  of  the  pond  of at in   the  faid  county  [or, 

as  the   offence   fhall   be:]   Whereupon  he  the  faid  J.  P.  the  jufiice 

afore fiid,  did  then  and  there,  to  ^wit,  at aforefaid,   in 

the  county  aforefaid,  make  a  certain  ^warrant,  uncter  his  hand  and 
fal,   in  due  form  of  laix;,  direilcd  to  the   cojifable  of  - 

aforefaid,  in  the  county  aforefaid,  thereby  requiring  him  the  faid 
confab le  to  take  the  body  of  the  faid  A.  O.  and  bring  him  before 
the  faid  J .  P.  the  jnfice  aforefaid,  to  anf^wer  to  fuch  matters  and 
things  as  fhould  he  allcdged  againfi  him,  touching  the  faid  mif~ 
demeanor'.  Which  faid  "warrant,  afternxiards,  to  ixit,  on  the  fame 
day  and  year  abo'vemcntioned,  at  — — ^—  aforefaid,  in  the  county 

aforefaid,  ivas  deli'vered  to  one  A.  C.  then  being conf  able  of ^ 

aforefaid,  in  due  form  of  laiv,  to  be  executed ;  by  'virtue  of  'Vjhich 
faid  nuarrant  the  faid  A.  C,  afterivardj,  to  ivit,  on  the  faid 
— — —  day  of  "  in  the  year  aforefaid,  at  -■■  afore- 

faid, in  the  faid  county,  did  take  and  arreft  the  body  of  the  faid 
A.  O.  and  him  the  faid  A.  O.  in  his  cufody  for  the  caufe  aforefaid^ 

had:    Ncverthelcfs,    the  faid  A.  Q.   of aforefaid,    in  the 

tounty  aforefaid,  yeoman,  aftervjard,   to  ivit,   on  the  faid  ^ 

day  of in  the  year  aforefaid,  the  duty  of  his  ofice  in  that 

fart  not  regarding,  at  ■  aforefaid,   in  the  county  aforefaid, 

unlanxifully  and  negligently  did  permit  the  jaid  A.  O.  to  efcape,  and 
go  at  large,  out  of  the  cufiody  of  him  the  faid  A.  C.  to  the  great 
hindrance  of  jufiice,  in  contempt  of  our  faid  lord  the  king,  and  bis 
lanus,  and  againfi  the  picace  of  our  faid  lord  the  king,  his  crcw/f 
and  dignity, 

Cfcljcnt*    See  fo^mtmz. 


€n\:ttiU 


302 


Sftreat,  what. 


Making  out  the 
cftreats. 


Bclivtring  th« 
lame  to  the 
ftieriff. 


And  into  the 
court  of  exche- 
quer. 


Pmalty  of  ma- 
lung  default.. 


Proccfs  for  le- 
vying. 


Sherinr' 
Itvying. 


dutv  in 


cftreat 

I.  T7»STREAT  (Extrr.auin)  is  ufcd  for  the  triic  copy  or 
Xjy   note  of  fome  original  writing  or  record,  and  efpecially  of 
fines  and  amerciaments,  impofed  in  the  rolls  of  a  court,  to  be 
levied  by  the  bailiff  or  other  officer. 

2.  Thejuflices  and  judges  before  whom  fines  or  amerciaments 
ftiall  be,  (hall  charge  the  clerks  of  the  eftreats,  by  their  oath  to 
be  made,  that  they  make  the  rolls  of  fuch  eftreats  dilHndly  by 
exprefs  words,  of  the  caufe  of  the  lofs,  of  the  term  of  the  year, 
and  the  nature  of  the  writ,  and  betwixt  what  parties  fuch  iffues  or 
amerciaments  Ihall  be  loft,  as  well  in  the  king's  fuit,  as  in  the  fuit 
of  the  party.     ']  H  \,  r.  3. 

3.  All  clerks  of  the  peace,  and  town  clerks,  fhall  deliver  to 
the  fheriff  within  20  days  after  Sep.  zg.  yearly,  a  perfeft  cftreat 
or  fchedule  of  all  tines,  ifiues,  amerciaments,  and  other  forfei- 
tures whatfoever,  forfeited  in  any  feffions  before  'Michaelmas ;  on 
pain  of  50/.  half  to  the  king,  and  half  to  him  that  (hall  fue. 
22  is'  23  C.  2.  c.  22.  /  7,  8. 

4.  And  fhall  alfo  yearly,  on  or  before  the  fecond  McrJay  after 
the  morrow  o^  All  Souls,  deliver  into  the  court  of  exchequer,  a 
duplicate,  certificate,  and  eftreat  of  fuch  eftreats  and  fchedules,  fo 
delivered  to  the  iheriffj  on  the  like  pain  of  50/.  id.  /.  8.  And 
lilcewife  they  may  be  further  amerced  by  the  barons  of  the  ex- 
chequer.    3  G.  c.  15.  /.  12. 

And  upon  delivery  thereof,  they  fhall  take  the  following  oath, 
to  be  adminifircd  by  one  of  the  barons  : 

**  You  fhall  fwear,  that  thefe  eftreats  now  by  you  delivered, 
*'  are  truly  and  carefully  made  up  and  examined,  and  that  all 
"  fines,  ifTues,  amerciaments,  recognizances,  and  forfeitures  which 
**  were  fet,  loft,  impofed,  or  foifeited,  and  in  right  and  due 
**  courfe  of  law  ought  to  be  eftreated  in  the  court  of  exchequer, 
**  are,  to  the  beft  of  your  knowledge  and  underftanding,  therein 
•'  contained ;  and  that  in  the  fame  eftreats  are  alfo  contained  and 
••  expreffed  all  fuch  fines  as  have  been  paid  into  the  court,  from 
*•  which  the  faid  eftreats  are  made,  without  any  wilful  or  fraudu- 
**  lent  difcharge,  omilTion,  mifnomtr,  or  defeiit  whatfoever :  So 
"  help  you  god."     4^5  ^^'.  c.  24.  /  5. 

5.  And  if  he  fnall  withhold,  or  mifcertify  the  fame,  he  (hall 
forfeit  treble  ;  half  to  the  king,  and  half  to  him  that  (hall  fue  j 
and  fhall  alfo  lofe  his  office,  and  be  incapable  to  hold  any  ofBce  in 
the  revenue.     22  ^  23  C.  2.  r.  22.  /  9. 

•  6.  Where  any  fine  or  forfeiture  (hall  be  paid  to  the  (herifF) 
clerk  of  the  peace  or  other  officer,  and  fo  certified  into  the  exche- 
quer ;  procels  (hall  be  awarded  to  the  ftieriff  againft  fuch  perfon 
for  levying  the  fame.     22  tf  23  C.  2.  c.  22.  f.  10. 

7.  And  in  levying,  the  ftieriff  fhall  ftiew  the  eftreats  under  the 
feal  of  the  exchequer,  to  the  party  indebted;  on  pain  of  treble 
damages  to  the  party,  and  fine  to  the  king,  on  convi61ion  before 
ihejuftice-  of  the  peace,  or  other  jullices.     42  Ed.  3,  c.  9. 

8.  And 


cftteat  303 


S.  And  the  (lierifF  (hall  make  no  eftreats  to  levy  his  own  amer-  Fftreats  in  the 
ciaments  (that  is  to  fay,  in  the  torn),  till  two  juftices  (i  ^)  to  ^'''■"« 
be  named  at  Michaelmas  feffions  by  the  cujios  rotulorum,  or  in  his 
abfence  by  the  eldeft  in  the  commiflion,  have  infpe(Sed  his  books ; 
and  the  faid  eftreats  fhall  be  indented  betwixt  the  faid  juftices  and 
fherifF,  and  fealed  with  their  fcals,  the  ore  part  to  remain  with 
the  juftices,  and  the  other  with  the  (heriff :  And  the  perfons  who 
fhall  gather  the  faid  amerciaments,  fhall  be  fworn  by  the  faid  ju- 
ftices, that  they  fhall  take  no  more  than  is  forfeited,  and  contained 
in  the  faid  eftreats.     11  H.  y.  c.  15. 

Form  of  the  eftreat. 

Weflmorland.    \    N  cxtraSi  of  all  the  ijfues,  fines,  amerciaments^ 

_/~\_   and  recognizances,  fit,  lojl,  impofcd,   and  foV' 

felted  to  cur  fnjereign  lord  the  king,  at  the  general  quarter  fcjjtons 

of  the  peace  of  our  faid  lord  the  king,  holden  at        •     •-  in  and  for 

the  faid  county  of  •  on the  •  day  of  ■ 

in  the -year  cf  the  reign  of before  •  efquires^ 

juftices  of  our  Jaid  lord  the  king,  ajfigJied  to  keep  the  peace  in  the 
/aid  county,  and  alfo  to  hear  and  determine  divers  felonies,  trefpajjesp 
and  other  mifdemeanors  in  the  faid  county  committed,  John  Robin- 
fon,  gentleman,  clerk  of  the  peace  for  the  county  aforefaid,  then  and 
there  atte?iding  : 

Of  A.  O.  late  of in  the  faid  county,  labourer, 

for  a  trefpofs  and  afj'ault  at afore/aid  in  the  faid 

county,  ^.'hereof  he  is  indicled  and  conmiSied;  and  his  fine 

fit  at  fi've  fiillings,    ivbich  he  paid  to   the  fi^eriff  in      I.  S.  d„ 

court      050 

Of  A.  O.  of  in  the  /aid  county,  yeoman,  he- 

caufe  he  came  not  noixi  here  to  anfioser  to  fuch  things  as 
again/i  him,  on  the  part  of  our  faid  lord  the  king,  /hould 
be  ohjeilcd,  as  by  a  certain  recognizatice  taken  be/ora  J.  P. 
e/quire,  one  of  the  juftices  of  our  faid  lord  the  king,  af- 
figned  to  keep  the  peace  in  the /aid  county,  he  undertook  lo  0  • 

Of  A.  S,  of —  in  the  faid  county,  yeoman,  one  of 

the  pledges  0/  the  faid  A.  O.  hecau/e  he  had  him  not  to 

an/iver  as  above        ■  —     ■■  COO 

Of  B.  S.  of in  the  faid  county,  yeoman,    the 

tther  of  the  pledges  of  the  faid  A.  O.  for  the  like     — -       500 


CijitJencr* 


304 

I.  Of  evidence  in  general. 

II.  Of  zvritten  evidence. 

III.  Of  the  evidence  of  witnejfes. 

IV.  Of  procefs  to  caufe  witnejfes  to  appear. 

V.  Of  the  manner  of  giving  evidence* 

I.  Of  evidence  in  general. 

Evidence,  what.  t.  T~^^I^ENCE  In  legal  iinderftanding,  doth  rot  br.ly  cofl- 
X_/  tain  matters  of  record,  as  letters  patents,  fines,  recove- 
ries, inrollments,  and  the  like,  and  writings  under  feal.  as  char- 
ters and  deeds,  and  other  writings  without  feal,  as  court  rolls,  ac- 
counts, and  the  like;  but  in  a  larger  fenfe  it  containeth  alfo  the 
tertimotiy  of  witneffes,  and  other  proofs  to  be  produced  and  given, 
for  the  finding  of  any  ifTue  joined  between  the  parties.     And  it  is- 
called  e'videme,  becaufe  thereby  the  point  in  iffue  is  to  be  made 
evident  to  the  jary.      i  IrJ}.  283. 
Thetseftevidence      2.  It  is  a  general  rule  in  all  cafes,  civil  and  criminal,  that  the 
is  rt^uiied.         bed  evidence  that  may  be  had,  or  that  the  nature  of  the  thing  will 
bear,  is  to  be  given  :   and  it  is  upon  this  reafon,  that  a  copy  of  a 
record  is  admitted,  becaufe  one  cannot  have  the  record  it  felf;  but 
a  copy  of  a  copy  will  not  do.     Lanv  of  E^vid.  286. 
Prefumptlve  5*  Many  times  juries,  together  with  other  matter,  are  much 

tvidence.  induced  by  prefumptions;  whereof  there  are  three  forts,  violent, 

probable,  and  light  or  temerary.  Violent  prefumption  many 
times  amounts  to  full  proof;  as  if  one  be  run  thro'  the  body  with 
a  fvvord  in  a  houfe,  whereof  he  inftantly  dieth,  and  a  man  is  feen 
to  come  out  of  that  houfe,  with  a  bloody  fword,  and  no  other 
man  was  at  that  time  in  the  houfe.  Probable  prefumption  moveth 
little.  But  light,  or  temerary  prefumption  moveth  not  at  all. 
1  hjl.  6. 

Jf  all  the  witnefles  to  a  deed  be  dead  (as  no  man  can  keep  his 
witneffes  alive,  and  time  weareth  out  all  men)  then  violent  pre- 
fumption, which  (lands  for  a  proof,  is  continual  and  quiet  poffef- 
fion  ;  altho'  the  deed  may  receive  credit  from  a  comparing  of  feals, 
writing,  and  the  like,      i  /«_/.'.  6. 
Whr.t  nuTTiber         4.  The  common  law  did  not  require  any  certain  number  of  wit- 
ot  wirneffcs  are  nefies,  for  the  trial  of  any  crime  whatfoever.     2  lia'vj.  428. 
2equ.:cd.  p^^^  before  a  juftice  of  the  peace  in  divers  cafes,  one  witnefs  Is 

fufficient  to  convidl  an  offender ;  the  fame  being  direded  by  fpecial 
ftatutes. 

But  in  cafe  of  high  treafon,  whereby  corruption  of  blood  (hall 
be  made,  no  perfon  (hall  be  attainted,  but  upon  the  oaths  of  two 
witnelTes,  either  both  to  the  (ame  overt  a6t,  or  one  of  them  to 
one,  and  the  other  of  them  to  another  overt  ait  of  the  fame  trea- 
fon.    7  U\  c.  \.  f.  2^ 

And 


I 


€i)i'aettce*  305 


And  by  29  C.  2.  f.  3.  /  5.  Devifes  of  lands  fhall  be  attened 
by  three  witneffes  at  the  leaft. 

//.  Of  written  evidence. 

1 .  A  pri'vnte  aft  of  parliament,  that  concerned  Rochejlcr  bridge,  A(n:  of  parUa- 
the'  printed  by  Rr.flal,  was  not  allowed  in   f'vidence,  not  being  "^^nt. 
examined  by  the  record.     Otherwife  of  general  rtatutes;  there  the 

printed  book  is  good  evidence.     Tr.  per  pah  348. 

And  there  are  very  many  of  the  old  llatutes,  which  are  admit- 
ted and  obtain  as  fuch,  tho'  there  be  no  record  at  this  day  extant 
thereof,  nor  yet  any  other  written  evidence  of  the  fame,  but 
what  IS  in  a  manner  only  traditional,  as  namely,  ancient  copies^ 
tranfcripts,  books,  pleadings,  and  the  common  received  opinion 
and  reputation,  and  the  approbation  of  the  judges  learned  in  the 
laws.  For  the  judges  and  courts  of  juftice  are  ix  opcio  bound  to 
take  notice  of  publick  afts  of  parliament,  and  whether  they  are 
truly  pleaded  or  nor,  and  therefore  they  arc  the  tners  of  them. 
But  it  is  otherv.'ife  of  private  ads  of  parliament,  for  they  may  be 
put  in  iflue,  and  tried  by  the  record  upon  nul  ticl  record  pleaded. 
Hales  Hi]}.  Com.  L.  15,  16. 

2.  Records  prove  themfclves,  and  cannot  be  proved  by  wit-  Recordi 
nefles.     But  copies  of  them  muft   be  proved  by  witnefies,  and 

then  they  are  good  evidence.  No  razure  or  interlining  fhall 
be  intended  in  them.  But  the  fureft  way  is,  to  exemplify  a  re- 
cord under  the  great  feal,  or  at  leaft  under  the  feal  of  the  court. 
10  Co   92. 

And  nothing  fhall  be  admitted  as  evidence  of  what  was  done 
at  another  trial,  till  the  record  of  ttiat  trial  be  produced.  Read. 
Ezid. 

3.  A  record  of  the  feffions  was  allowed  in  evidence,  to  prove  Record  of  '"'" 
that  a  perfon  had  not  taken  the  oaths       i  '  alk.  284..  f^  : 

4.  But  a  private  book  of  entries  fhall  not  be  allowed  for  that  Private  book  ct 
p-^rpofe:    Thus  in  the  cafe  of  ^hc  ^.eemnA  Mead,  the  defen-  entries. 
dant,  and  eight  others    were  incorporated    under  an  a6l   made 

39  El.  by  the  name  of  the  furveyors  of  the  highways  at  Aiiejbury 
in  the  county  of  Bucks,  and  were  trultees  of  a  charity  called  Bed- 
ford''%  gift.  An  information  was  preferred  againft  the  defendant, 
for  executing  this  office,  being  an  office  of  a.;il,  without-  having 
taken  the  oaths,  contrary  to  the  25  C  2.  c.  z.  To  which  he 
pleaded  not  guilty.  And  now  it  was  moved  for  a  rule,  that  the 
profecutor  might  have  two  books  produced,  whicii  thefe  furveyors 
kept,  in  which  they  entred  their  elections,  and  alio  their  receipts 
and  difburfements ;  and  that  he  might  take  copies  of  what  he 
thought  neceflary,  and  that  the  bool-.s  might  be  produced  at  the 
next  afli'/,es  at  the  trial.  But  it  was  denied  by  the  court ;  becaufc 
they  are  perfci'ily  of  a  private  nature,  and  it  would  be  to  make  a 
man  produce  evidence  againft  himfelf  in  a  criminal  profecution. 

L.  Raym.  927. 

5.  %y  the  ']J.  c.  12.  No  tradefman  or  handicraftfman  fhall  5^„p  ;,(,q}., 
be  allowed  to  give  his  fhop  book  in  evidence,  on  an  ailion  for 

money  due  for  wares  delivered,    or  for  v/ork  done,  above  one 
V  0 !..   I.  X  veai 


3o6  €\)ihtntt. 

year  before  the  ailion  brought.  But  this  not  to  extend  to  any 
trading  between  merchant  and  merchant,  merchant  and  tradef- 
man,  or  between  tradefman  and  tradefinan,  for  any  thing  di- 
redly  falling  within  the  compafs  of  their  miuaal  trades  and  mer- 
chandize. 

In  the  cafe  of  Pitman  and  MaJJox,  1 1  //'.  A  (hop  book  was 
allowed  for  evidence,  i:  being  proved  that  the  fervant  that  wric 
the  book  was  dead,  and  this  was  his  hand,  and  he  accuflomed  to 
make  the  entries,  and  no  proof  was  required  of  the  delivery  of 
the  goods;  and  Holt  C.J.  laid,  it  was  as  good  evidence  as  the 
proof  of  a  witnefs's  hand  to  an  obligation:  and  he  held,  that 
tho'  the  flatute  of  the  7  J.  fays,  a  fhop  book  fhall  not  be  evi- 
dence after  the  year,  yet  it  is  not  of  it  felf  evidence  within  the 
year.  2  Salk.  690. 
Book  of  ac-  6.  A  man's  book  of  accounts  is  no  evidence  for  the  owner  of 

counts.  the  book,  bu'  for  the  adverfe  party ;  for  his  book  cannot  be  of 

better  credit  than  liis  oath,  which  would  not  ferve  in  his  own  cafe. 
Tr.  per  pais  348. 
Deed.  7-   Every  ancient  deed  proves  it  fclf,  where  pofleflion  has  gone 

accordingly.  But  later  deeds  mult  be  proved  by  witnefTes.  li  the 
witneffcs  are  dead,  their  handwriting  niuft  be  proved.  A  deed 
cannot  be  proved  by  a  copy  j  yet  in  cafes  of  extremity,  as  where 
the  deed  was  burnt,  or  lolt  by  fomc  fuch  accident,  the  judges 
may  at  their  difcretion  allow  it  to  be  proved  by  witnefTes.  //  ood 
1025. 

And  it  was  holden  for  law»  by  Version  judge  of  aflize,.  tlut 
\vhere  the  defendant  himfelf  hath  the  deed  which  concerns  the 
^  land  in  queftion,  and  will  not  produce  it ;  in  fuch  a  cafe,  the  copy 

thereof  will  be  permitted  to  be  given  in  evidence ;  a^d  fo-  it  was, 
and  the  witnefs  fwore  it  once  in  his  hand,  and  that  the  copy  pro- 
duced was  a  true  copy  of  the  deed,  and  himfeif  did  examine  it. 
Qayt.  1 5 . 

And  the  counterpart  of  an  ancient  deed  which  is  loft,  may  be 
good  evidence  with  other  circumftances :  but  not  of  it  felf,  with- 
out other  circumftances.     6  Mod.  225. 
InJcnture  with         8    An  indenture  to  guide  the  ufes  of  a  common  recovery,  was 
the  feals  torn  off.  offered  in  evidence,  but  the  feals  were  torn  off;   yet  it  being  proved 
to  have  been  done  by  a  little  boy,  it  was  allowed  to  be  read. 
Palm.  402. 
•^Ijj^  9.  The  probate  of  a  will,  under  which  a  title  to  land  is  made, 

is  not  evidence ;  but  the  will  it  felf  mull  be  produced,     i  Keh. 

Letters  patents.        'o.   ff  upon  collateral  iflfue  it  is  to  be  proved,  that  fuch  a  one 
was  juftice  of  the  peace,  baronet,  or  the  like;  common  reputation 
is  fufficient  proof,  without  fhewin-g  the  commilhon,  or  letters  pa- 
tent of  the  creation.     Tr.  per  pais  347. 
Indorfement  of         w.  M.     II  G.    Serle  and  Lord  Barrington.    The  indorfement 
inteieft  on  a        on  a  bond  by  the  obligee,  of  payment  of  intereft,  was  allowed  to 
^°"'^"  be  given  in  evidence  by  his  adminiftrator,  to  take  off  the  pre- 

fumption  from  the  length  of  time.     L.  Ro.ytn.  1371. 
Information  be-        1 2.  It  fecms    fettled,    that    the    examination  of   an  informer 
lore  a  juftite  of  taken  upon  oath,  and  fubfcribcd  by  him,  either  before  a  coroner 
peace.  uyon 


€\)ihtntt*  2^7 

upon  an  inquHltion  of  death,  or  before  juftices  of  the  peace.  In 
parfuance  of  the  Itatiites  of  Ph.  &  M.  upon  a  bailment  or  com- 
mitment for  any  felony,  may  be  given  in  evidence  at  the  trial,  if 
it  be  made  out  by  oath  to  the  fatiifadion  of  the  court,  that  fuch 
informer  is  dead,  or  unable  to  travel,  or  kept  away  by  the  means 
or  procurement  of  the  prifoner,  and  that  the  examination  offered 
in  evidence  is  the  very  fame  that  was  fworn  before  the  coroner  or 
juftice,  without  any  alteration  whatfoever.     2  Hazu.  429. 

But  it  hath  been  adjudged,  that  it  is  not  fufficient  to  authorizo 
the  reading  of  fuch  examination,  to  make  oath  that  the  profecutors 
have  ufed  all  their  endeavours  to  find  the  witnefs,  but  cannot  find 
him.     2  Haiv.  430. 

But  it  is  faid  to  have  been  adjudged,  by  the  court  of  king's 
bench,  in  the  j  W.  {\  Salk.  28  r.)  upon  advice  with  the  juftices 
of  the  common  pleas,  on  an  indiftment  for  a  libel,  that  dcpo- 
fitions  taken  before  a  juftice  of  the  peace,  relating  to  the  faft, 
could  not  be  given  in  evidence,  tho'  the  deponent  were  dead  ;  and 
that  the  reafon  why  fuch  depofitions  may  be  given  in  evidence  in 
felony,  depends  upon  the  ftatutes  of  P.  iff  M.  and  that  this  cannot 
be  extended  farther  than  the  particular  cafe  of  felony.  But  in  the 
report  of  this  cafe,  5  Mod.  165.  it  is  faid,  that  the  reafon  why 
fuch  depofitions  could  not  be  read,  was  becaufe  the  defendant  was 
not  prefent  when  they  were  taken,  and  therefore  had  not  the  be- 
nefit of  a  crofs  examination.     2  Ha^w.  430. 

13.  Depofitions  in  perpetuam  rei  tnctnoriam,  are  not  evidence,  ^^^pof'^'ons  ii 
fo  long  as  the  witnefTes  live.       I  Salk.  286.  perpetual  rei 

14.  A  copy  of  an  mfcnption  on  a  g;ave  ftone,  has  been  al-  infcriptionona 
lowed  to  be  given  in  evidence.     2  RoWs  Abr.  686,  7.  grave  ftone. 

15.  The  examination  of  an  almanack,  that  fuch  a  day  of  the  Almanack, 
month  was  Sunday,  was  ruled  to  be  fufficient ;  and  that  a  trial  of 

this  by  a  jury  is  not  neceffary,  altho'  it  is  a  matter  of  fadt.     Cro. 
£/.  227. 

16.  And  an  almanack  wherein  the  father  had  writ  the  day  of  Father's  entry  of 
the  nativity  of  his  fon,  was  allowed  as  evidence  to  prove  the  non-  ^^  child's  birth, 
age  of  the  fon.     Raym.  84. 

17.  The  nomenclator  o^  Wejlminjlcr  fchool  was  produced  to  ^^o^ienclator  of 
prove,  that  the  Latin  word  capital  (ufed  to  fignify  a  coif)  is  a  noun^^^^™"^^' 
fubftantive;    and  the  court  allowed  that  authority  before  Rider\ 
didionary.     E.   16  C.  2.     Tr.  per  pais  2^. 

18.  Camden's  Britannia  was  offered  in  evidence,  to  prove  a. Camden's 
particular  cuftom,  but  refufed ;  for  the  court  held,  that  a  general  Britannia, 
hiflory  might  be  given  in  evidence  to  prove  a  matter  relating  to 

the  kingdom  in  general,  becaufe  the  nature  of  the  thing  requires 
it ;  but  not  to  prove  a  particular  right  or  cullom :  So  in  the  cafe 
of  St.  Katharine''s  hofpital,  Hale  Ch.  J.  allowed  a  chronicle  to  be 
evidence  of  a  particular  point  of  hiflory  in  Edivard  the  third*s 
time:  So  a  year  book  may  be  evidence,  to  prove  the  courfe  of' 
the  court.  And  in  this  cafe  it  was  admitted,  that  heralds  books 
are  good  evidence  as  to  pedigrees,  and  parifh  regilters  as  to 
births  and  marriages,  upon  the  nature  of  the  thing.  But  in  tho 
exchequer,  the  quefllon  being  whether  the  ylbbiy  dt  Sentibus  was 
an  inferior  abbey  or  not,  Dugdalis  Monafiicon  was  refufed  fof 

X  2  evidence* 


;o8 


€\>iuntt* 


Similitude  of 
hands. 


Letter, 


Conf.'flion. 


Witnefs  of  kin 
'.o  the  party. 


Witnefs  in- 
famous. 


evidence,  becaufe  the  original  records  might  be  had  in  the  aug- 
mentation office.  1  Sa/i.  281.  7  //'.  Stainer  and  The  burgejfes  of 
Droitnioich. 

19  It  feems  to  have  been  generally  holden,  fmce  the  reverfal 
of  the  attainder  of  /Ilgernot:  Sidney,  that  fimilitude  of  hands  is  not 
evidence  in  any  criminal  cafe,  whether  capital  or  not  capital. 
2  Haiv.  43  I .      I..  Raym.  39. 

20.  Tho'  one  confent  to  have  a  letter  read,  yet  the  jury,  on 
pain  of  attaint,  are  not  bound  to  find  it.     i  Kth.  249. 

///.  Of  the  evidence  of  witnejfes. 

1 .  It  fecms  that  the  confeffion  of  the  defendant,  whether  taken 
on  an  examination  before  juftices  of  the  peace,  in  purfuance  of 
the  I  &  2  P.&'  M.  f.  13.  or  2  ts'  ^  P.  &  M.  c.  10.  upon  a 
bailment  or  commitment  for  felony,  or  taken  by  the  common  law 
upon  an  examination  for  other  crimes  not  within  thofe  ftatutes,  or 
in  difcourfe  with  private  perfons,  hath  always  been  allowed  to  be 
given  in  evidence,  againft  the  party  confeffing,  but  not  againfl 
others.     2  Haiv.  429. 

But  wherever  a  man's  confeflion  is  made  ufe  of  againft  him,  it 
muft  be  all  taken  together,  and  not  by  parcels.      2  //otu.  429. 

2.  It  is  to  be  obferved,  that  there  be  many  circumftances  that 
difable  a  juror,  that  are  not  fufRcient  exceptions  againll  a  witnefs: 
Thus  the  exception  of  kindred,  is  a  good  caufe  of  challenge 
againfl  a  JLiror,  but  not  againfl  a  witnefs ;  therefore  the  father  may 
be  a  competent  witnefs  for  or  againfl  his  fon,  or  the  fon  for  or 
againft  his  father.  Thefe  and  the  like  exceptions  ma)  be  to  the 
credit  or  credibility  of  the  witnefs,  but  are  not  exceptions  againfl 
his  competency.     2  H.  H.  276. 

For,  that  I  may  obferve  it  once  for  all,  the  exceptions  to  a  wit- 
nefs are  of  two  kinds,  i .  Exceptions  to  the  credit  of  the  witnefs, 
which  do  not  at  all  difable  him  from  being  fworn,  but  yet  may 
blemiih  the  credibility  of  his  teflimony ;  and  in  fuch  cafe  the  wit- 
nefs is  to  be  allowed,  but  the  credit  of  his  teflimony  is  left  to  the 
jury.  2.  Exceptions  to  competency  of  the  witnefs,  which  do  ex- 
clude him  from  giving  his  teflimony,  and  of  thefe  exceptions  the 
court  is  the  judge.     2  H.  H.  276,  277. 

3.  It  feems  agreed,  that  an  attainder,  judgment,  or  convidlion 
of  treafon,  felony,  piracy,  praemunire,  perjury,  or  forgery  on 
5  El.  and  alfo  a  judgment  in  attaint  for  giving  a  falfe  verdidl,  or 
in  confpiracy  at  the  fuit  of  the  king;  and  alfo  judgment  for  any 
crime  whatfoever  to  fland  in  the  pillory,  or  to  be  whipped  or 
branded,  are  good  caufes  of  exception  againfl  a  witnefs,  while 
they  continue  in  force.     2  Ha^v.  432. 

But  it  is  agreed,  that  no  fuch  conviflion  or  judgment  can  be 
made  ufe  of  to  this  purpofe,  unlefs  the  record  be  aflually  pro- 
duced in  court.     2  Hait:.  433. 

.Alfo,  it  is  a  general  rule,  that  a  v/itnefs  fhall  not  be  afked  any 
queilion,  the  anfwering  to  which  might  oblige  him  to  accufe  him- 
felf  of  a  crime ;  and  that  his  credit  '\s  to  be  impeached  only  by 
general  accounts  of  his  .chara<^ier  and  reputation,  and  not  by  proofs 
.  of 


CWDtnce.  309 

bT  particular  crimes,  whereof  he  never  was  convicled.     2  Haw, 

433- 

And  a  man  fiall  not  be  permitted  to  fwear,  that  he  was  fub- 
orned  and  perjured.     St.  Tr.  V.  3.  427. 

And  Lord  Coke  fays,  a  witnefs  alledging  his  own  infamy  or  tur- 
pitude, is  not  to  be  heard.     4  InJ}.  279. 

It  feems  clear  at  this  day,  that  outlawry  in  a  perfonal  action  is 
not  a  good  exception  againft  a  witnefs,  as  it  is  againft  a  juror. 
z  Haiu.  433. 

A  perfon  convided  of  felony,  who  is  admitted  to  his  clergy, 
and  burnt  in  the  hand,  is  thereby  re- enabled  to  be  a  witnefs. 
2  Hcnu.  433. 

And  it  feems  agreed,  that  the  king's  pardon  of  treafon  or  fe- 
lony, after  a  conviftion  or  attainder  reftores  the  party  to  his  credit. 
Z  Hanxj.  433. 

4.  It  feems  agreed  to  be  a  good  exception,  that  a  witnefs  is  an  Witnefs  an 
infidel;  that  is,  as  it  feemeth,  that  he  believe-,  neither  the  old  norin^<^^^' 
new  teftament  to  be  the  word  of  god,  on  one  of  which  our  laws 
require  the  oath  fliould  be  admir.illred.     2  H^iiv.  434. 

5.  Want  of  difcretion  is  a  good  excepcion  againlt  a  witnefs;  on  Witnefs  wanting 
which  account  alone  it  feems,  that  an  infant  may  be  excepted  difcretion. 
againft.      2  Hanx'.  434. 

But  if  an  infant  be  of  the  age  of  1 4  }'ears,  he  is  as  to  this  pur- 
pofe  of  the  age  of  difcretion,  to  be  fvvorn  as  a  witnefs ;  but  if 
under  that  age,  yet  if  it  appear,  that  he  hath  a  competent  difcre- 
tion, he  may  be  fworn.      2  H.  H.  278. 

And  in  many  cafes  an  infant  of  tender  years  may  be  examined 
without  oath,  where  the  exigence  of  the  cafe  requires  it ;  which 
poflibly,  being  fortified  with  concurrent  evidences,  may  be  of  fome 
weigh: ;  efpecially  in  cafes  of  rape,  buggery,  and  fuch  crimes  as 
are  pratlifed  upon  children.     2  H.  H.  279,  284.     Str.  700. 

6.  It  feems  an  uncontefted  rule  in  all  cafes,  that  it  is  a  good  Witnefs  inw- 
exception  againft  a  witnefs,  that  he  is  either  to  be  a  gainer  or  loferrcled. 

by  tne  event  of  the  caufe,  whether  fuch  advantage  be  direft  and 
immediate,  or  confequential  only.     2 //^it;.  433. 

Thus  in  an  information  upon  the  itatute  of  ufury,  the  party  to 
the  ufurious  contradl  fhall  not  be  admitted  to  be  a  witnefs  againft 
the  ufurer,  for  in  efFeft  he  fliould  be  witnefs  in  his  own  caufe,  and 
fiiould  avoid  his  own  bonds  and  afturances,  and  difcharge  himfelf 
of  the  money  borrowed,      i  /;//?.  6. 

Thus  alfo  an  attorney  ought  not  to  be  examined  againft  his 
client,  becaufe  he  is  obliged  to  keep  his  fecrets :  but  of  his  own 
knowledge  before  retainer,  l^e  may  be  examined  as  a  witnefs,  if 
ferved  with  a  fubpcena.      IFotjiI  1028. 

But  upon  an  indiclment  for  battery,  or  the  like,  the  party 
grieved  may  be  a  witnefs  againft  the  defendant,  becaufe  the  profe- 
cution  is  at  the  fuit  of  the  king.     Wood  1096. 

Alfo  it  feems  agreed,  that  it  is  no  good  exception  againft  a  wit- 
ness, that  he  has  a  maintenance  from  the  king ;  for  every  one  may 
maintain  his  own  witneflies.     2  Haiv.  434. 

Thus  alfo,  one  commoner  may  be  a  witnefs  for  another  claim- 
ing common,  becaufe  in  effei^  it  charges  himfslf ;  that  is  to  fay, 

X  J  he 


310  CtlOtttCt 

he  admits  another  to  have  common  with  himfelf.  But  if  the  pre* 
I'cription  be,  that  all  the  inhabitants  of  fuch  a  place  ought  to  have 
common  there,  one  of  the  inhabitants  cannot  be  a  v,itnefs,  to 
prove  that  another  of  the  faid  inhabitants  ought  to  have  common 
there,  becaufe  in  effeft  he  would  fwear  to  give  himfelf  right  of 
common  tncre.      L.  R/>ym.  731. 

In  evidence  to  a  jury  at  bar,  a  fpecial  iffue  bv  rule  of  court 
was  direfted  to  try  the  cuftom  of  lady  Percie's  manor  of  We/l- 
luocd in  Cumberlandy  whether  fines  on  the  tenants  on  their  lord's 
death,  be  due  to  the  heirs  or  fuccefibrs  of  the  lord,  during  his 
minority;  the  defendant  excepted  to  the  fteward,  becaufe  he  had 
a  fee  on  admilhon,  but  it  was  not  allowed,  and  he  was  fworn. 
3  Keb.  90. 

A  witnefs's  laying  a  wager  in  the  caufe,  is  no  hindrance  to  his 
being  a  witnefs ;  for  the  other  has  an  intereft  m  his  evidence, 
which  he  cannot  deprive  him  cf.     Farrjl.  31.     Str.  65 z. 

If  a  perfon  apprehirJs  himfelf  to  be  interefted,  though  in 
ftri£lncfs  of  law  he  is  not,  yet  he  ought  not  to  be  fworn  :  as 
where  the  witnefs  for  the  plaintiff  apprehended  that  if  the  plain- 
tiff fhould  recover,  he  would  remit  a  claim  of  fome  money  which 
he  (the  plaintiff)  had  upon  this  witnefs;  but  if  he  fhould  not 
recover,  he  would  not  remit  it;  although  in  flriftnefs  of  law,  his 
recovering  or  not  recovering  in  that  cafe  would  not  alter  the 
claim :  or  as  in  cafe  where  the  witnefs  owned  himfelf  to  be  under 
an  honorary,  though  not  under  a  binding  engagement,  to  pay  the 
cofls.  Str.  \zcf. 
HuAand  and  7-   ^^  feems  agreed,  that  the  hufhand  and  wife  being  as  one 

;vife.  and  the  fame  perfon  in  aifedlion  and  interefl,  can  no  more  give 

evidence  for  one  another,  in  any  cafe  whatfoever,  than  for  them- 
felvcs ;  and  that  regularly  the  one  fhall  not  be  admitted  to  give 
evidence  againjl  the  other,  nor  the  examination  of  the  one  be 
made  ufe  of  againil  the  other,  by  reafon  of  the  implacable  dif- 
fenfion  which  might  be  caufed  by  it,  and  the  great  danger  of  per- 
jury from  taking  the  oaths  of  perfons  ur.der  fo  great  a  biafs,  and 
the. extreme  hardfhip  of  the  cafe.  Yet  fome  exceptions  have  been 
allowed  in  cafes  of  evident  neceffity  ;  as  in  the  lord  Audlcfs  cafe, 
who  held  his  wife,  while  his  fervant  by  his  command  ravifhed 
her ;  or  where  a  man  is  indided  for  a  forcible  marriage  on  the 
ftatute  of  the  3  H.  7,  or  where  either  a  hufband  or  wife  have 
caufe  to  demand  fureties  of  the  peace  againil  the  other.      2  Ha'w. 

Tuclge  or  'uror  ^-   ^^  feems  agreed,  that  it  is  no  exception  againfl  a  perfon's 

being  a  witjiei's.    giving  evidence  either  for  or  againfV  a  prifoner,  that  he  is  one  of 

the  judges  or  jurors  who  are  to  try  him.     2  Hait:.  432. 
Witnefs  being  an       9.    It  has  been  long  fettled,  that  it  is  ro  exception  againft  3 
jifcpniplice.  witnefs,  that  he  hath  confeiTed  himfelf  guilty  of  the  fame  crime, 

if  he  hath  not  been  indifted  for  it;  for  if  no  accomplices  were  to 
be  admitted  as  witnefle?,  it  would  be  generally  impolfible  to  fi^d 
evidence  to  convid  the  greateft  offenders.      2  Haiv.  432. 

Alfo  it  hath  been  often  ruled,  that  accomplices  who  are  in- 
dited, are  good  witneffes  for  the  king,  until  thc^-  be  convifted. 
8  //«w.  432, 

AlfQ 


Alfo  it  hath  been  often  adjudged,  that  fuch  of  the  defendants 
in  an  information,  againll  wliom  no  evidence  is  given,  may  be 
witnelTes  for  the  others.     2  Ha-iv.  432. 

It  hath  been  aho  r,>ljudged,  that  where  three  perfons  are  fued  in 
three  feveral  actions  on  the  ftatute  for  a  fuppoled  perjury  in  their 
evidence  concerning  the  fame  thing,  they  may  be  good  witnefTes 
in  fuch  aftions  for  one  another.     2  Haiv.  432. 

10.  It  ieems  agreed,    that  it  is  no  good  exception  againft  a  Witnefs  an  alien 
witnefs,    that  he  is  an  alien,  or  villein,  or  bondman.     2  Huiv.  °^  ^ondiran. 

434- 

11.  If  a  man  be  over  fea,  or  dead,  the  party  ihall  be  admitted ^JnelV  overfca, 
to  prove  his  hand  by  witnelfes,  or  comparing  it  with  other  wri- "      '^' 

ting.     Tr.  per  p.  301. 

The  fayings  of  a  dead  man  are  not  to  be  given  in  evidence  to 
prove  a  particular  fai^ ;  they  are  only  to  be  admitted  in  proof  of 
genera!  ulages  and  cuftotus ;  but  as  for  a  particular  fa«fk,  lying  in 
the  knowledge  of  a  particular  perfon,  by  his  death  the  evidence 
is  loll.     St.  Tr.   V.  5.  456. 

And  it  hath  been  agreed,  that  the  evidence  given  by  a  witnefs 
at  one  trial,  cannot  in  the  ordinary  courfe  of  jiiftice  be  made  nfe 
of  againli  a  defendant,  on  the  death  of  fueh  witnefs  at  another 
trial.      2  Hoik-.  430. 

12.  It  feems  agreed,  that  what  a  y?/-<3fffrr  has  been  heard  to  Hearfay. 
fay,  is  in  llriclnels  no  manner  of  evidence,  either  for  or  againft 

a  prifoner,  not  only  becaufe  it  is  not  upon  oath,  but  alio  becaufe 
the  other  fide  hath  no  opportunity  of  a  crofs  examination;  and 
therefore  it  feems  a  fettled  rule,  that  it  fhall  never  be  made  ufe  of, 
but  only  by  way  of  inducement  or  illuftration  of  what  is  pro- 
perly evidence:  yet  it  feems,  that  what  the  prifoner  has  been 
heard  to  fay  at  another  time,  may  be  given  in  evidence,  either 
to  invalidate  or  confirm  the  teltimony  which  he  gives  in  court, 
2  Haiv.  43  I . 

IV.  Of  procefs  to  catife  witnejfes  to  appear. 

T.  The  cotnpulfory  means  to  bring  in  witnefles,  are  of  two  Two  ways  of 
kinds.      I.  By  procefs  o'l  fubpcsna  (  A  )  iffued  in  the  king's  name,  caufing  witnefle* 
by  the  juftices,  or  others,  where  the  trial  is  to  be.     2.  Which  is  '°  »PP"^' 
the  more  ordinary  and  more  efFedual  means  (in  criminal  cafes), 
the  juftices  that  take  the  examination  of  the  perfon  accufed,  and 
the   information  of  the  witnelfes,    may   at   that  time,  or  at  any 
time  after,  and  before  the  trial,  bind  over  (  B )  the  witnefTes  to 
appear  at  the  feffions,  anJ  in  cafe  of  their  refufal  either  to  come, 
or  to  be  bound  over,  may  commit  them  for  their  contempt  in  fuch 
refufal.     2  H.  H.  282. 

2.  But  that  which  is  a  great  defeft  in  this  part  of  judicial  ad-  cfiarges  of  wlt- 
rciniftration,  is,  that  there  is  no  power   to  allow  witnefTes  their  neii'es. 
charges  in  criminal  cafes  j  whereby  many  times  poor  perfons  grow 
weary  of  attendance,  or  bear  their  own  charges  therein,  to  their 
great  hindrance  and  lofs,,     2  H.  H.  282. 

That  is  to  fay,  unlefs  it  be  in  the  cafe  of  grand  or  petit  lar- 
££r.^-,  or  other  felony  i  for  in  fuch  cafes,  by  the  ftatute  of  the 


312  cwaence* 


25  G.  2.  c.  36.  reafonable  charges  fhall  be  allowed  by  the  court 
to  the  profecutor  upon  convidion,  to  be  paid  by  the  treafurer  out 

of  the  county  rates. 

And  by  the  llatute  of  the  27  G.  2.  c.  3.  When  any  poor  perfon 
fliall  appear  on  recognizance  in  any  court  to  give  evidence  againft 
am  ther  accufed  of  grand  or  petit  larcrny  or  other  felony,   the 
court  ir::iy,  at  the  prayer,  r.r  a   on  the  oath  of  fuch  perfon,  and 
on  coiiiideration  of  his  circumltances,  order  the  treafurer  to  ray 
him  fuch  fum  as  they  fhall  think  reafonable  for  his  time,  trouble, 
and  expence ;  which  oidcr  the  r  oper  officer  fhall  make  out  for 
the  fee  of  6  d.  except  in  Middleje.v,  where  the  iame  fhall  be  paid 
by  the  overfeers  of  the  poor  where  the  perfon  was  apprehended. 
Where  a  witnefs       j.  Where  a  witntfs  is  h  pr'foner  in  frxecution  io}  debt,  he  mull 
execu^ion"^"^ '"      be  brought  up  by  habtas  lorpus  ad  tepijicarJum,  to  gue  his  evi- 
dence.    St.  '!r.  v.  2.  580.  V.  4.  37. 
Witnefs  how  far       4    One  was  f.bpoenaed  ad  teftijicondum,  and  prayed  a  privilege 
privileged  againft  from  being  arreiled,  which  was  granted  ;  and  by  the  court,  it  will 
*"  ^^    '  fuperfede  an  arrelt  upon  mean  prccefs,  but  no'  upon  an  execution ; 

ye:  the  (heriif  in  that  cafe  may  be  committed  for  his  contempt. 
Nt-vi/'s  cafe,    1 5  C.  2.   Tr.  per  p.  310. 
Penalty  of  a  5-  By  the  5  El.  c.  9.  /.  12.     If  any  perfon,  upon  whom  any 

witnefs  not  ap-    procefs  out  of  any  of  the  courts  of  record  within  this  realm  fhall 
peariEg.  j^g  ferved,  to  teftify  or  depofe  concerning  any  matter  depending' 

therein,  and  having  tendred  unto  him,  according  to  his  counte- 
nance or  calling,  fuch  reafotiable'  fum  for  his  coils  and  charges, 
as  (having  regard  to  the  dillance  of  the  places)  is  necefiary  to  be 
allowed  in  that  behalf,  do  not  appear  according  to  the  tenor  of 
the  procefs,  having  not  a  lawful  and  reafonable  impediment ;  he 
fhall  forfeit  10/.  and  fliall  yield  fuch  further  recompence  to  the 
party  grieved,  as  to  the  judge  of  the  court,  out  of  which  the 
procefs  was  awarded,  fhall  feem  meet,  according  to  the  lofs  that 
the  party  which  procured  the  proccG  fliall  fuilain  ;  to  be  reco- 
vered by  the  party  grieved,  in  any  court  of  record. 

Tn  the  cafe  of  ffyat  and  PVink/ord,  2  G.  2.  A  motion  was 
made  for  an  attachment  againft  a  perfon,  for  not  attending  at 
the  affizes  to  give  his  evidence,  being  fubpoenaed,  and  having  re- 
ceived one  guinea  for  his  charges,  and  being  promiied  to  have 
one  guinea  a  day  while  there,  and  his  charges  paid.  And  a  rule 
was  made  to  fliew  caufe.  And  afterwards  caufe  was  flicwed,  that 
an  attachment  ought  not  to  go,  but  the  party  injured  had  his 
aclion  upon  the  ftatute  of  Eliz..  but  the  court  thought,  that  it 
was  a  good  foundation  for  an  attachment,  the  difobedicnce  to  the 
fubpcena  being  a  contempt  to  the  court ;  and  tho'  an  adlion  might 
be  brought  on  the  llatute,  yet  that  was  a  more  dilatory  method, 
and  more  difiicult  to  proceed  in,  which  encouraged  witnclles  not 
attending  frequently  upon  trials,  at  which  they  were  fubpcenacd 
to  appear  and  give  evidence.  And  therefore  the  rule  was  made 
abfolute.     h.Raym.x^z^). 

E.  14  G.  2.  Chapman  and  Pointon.  A  witnefs  was  ferved  witii 
a  fubpcena  at  Chfjhr,  to  attend  the  fittings  at  Guildhall,  and  two 
guineas  were  tendred  by  the  perfon  who  ferved  it,  and  being 
t'bjedcd  to  as  too  little,  he  declared  he  would  give  no  more.    The 

witneCi 


€loihtntt.  313 


witnefs  not  coming  up,  an  attachment  was  moved  for ;  but  on 
fhewing  caufe  was  difcharged  :  the  court  faying  it  was  too  little, 
and  that  the  witnefs  it  not  obliged  to  truft  to  the  court's  allowing 
him  more  when  he  comes  to  the  book ;  for  perhaps  the  party  may 
not  call  him,  and  then  it  may  be  difficult  for  him  to  get  home 
again :  that  this  way  of  punilhing  as  for  a  contempt  was  new, 
and  praclifed  only  in  this  court ;  the  common  pleas  not  doing  it 
to  this  day,  but  leaving  the  party  to  his  remedy  on  the  5  E/.  c.  9. 
and  therefore  they  would  not  enter  into  any  nice  calculations  of 
the  expence,  but  confined  their  inquiry  to  the  quellion,  whether 
the  non  attendance  was  through  obftinacy  or  not.     Str.  1 150. 

And,  by  the  court,  in  the  cafe  of  Hammond  and  Ste-cisart,  H. 
8  G.  the  witnefles  ought  to  have  a  reafonable  time,  to  put  their 
affairs  in  order,  that  their  attendance  upon  the  court  may  be  as  lit- 
tle prejudice  to  therafelves  as  poffible.     Sir.  510. 

In  criminal  cafes,  if  a  witnefs  hath  been  bound  over,  and  do 
not  appear ;  he  fhall  forfeit  his  recognizance. 

V.  Of  the  matmer  of  giving  evidence. 

1 .  He   who   affirms    the    matter  in    iiTue,    whether  plaintiff  Which  party 
or  defendant,    oujrht  to    begin    to   give    evidence.      Liu.   2G.  ^^''  '^^S'l  ihe 

r-   ;jr  ^  &  iJ  0       evidence. 

Lioldj.  23. 

2.  The  evidence  both  for  and  againlt  a  prifoner,  ought  to  be  Evidence  to  be 
upon  oath .  "po"  o^th. 

And  if  a  peer  is  produced  as  a  witnefs,  he  ought  to  be  fworn. 
3  Keb.  6 1 . 

Lord  Prcjhn  was  committed  by  the  court  of  quarter  feffions, 
for  refufing  to  be  fuorn  to  give  evidence  to  the  grand  jury,  on 
an  indictment  of  high  treafon;  and  on  his  being  brought  by  ha- 
beas corpus  into  the  king's  bench,  Holt  Ch.  J.  faid,  it  uas  a  great 
contempt,  and  that  had  he  been  there,  he  would  have  nned  him, 
and  committed  him  till  he  paid  the  fine;  but  being  ocherwife,  he 
was  bailed,      i  Snlk.  278. 

But  a  quaker's  affirmation  in  all  cafes  not  being  criminal,  fhall 
be  allowed  as  evidence,  without  an  oath ;  but  in  criminal  cal'es, 
his  affirmation  fhall  not  be  allowed.     7  ^"  8  W.  c  34. 

3.  The  court  may  indulge  a  prifoner  in  examining  the  witnefTes  WitnefTes  may  be 
apart,  but  he  cannot  demand  it  of  right.     St.  'Tr.  V.  4,  9.  txjmined  apart. 

4.  In  cafes  of  life,  no  evidence  is  to  be  given  againft  a  prifo   Evidence  to  be 
ner,  but  in  his  prefence.     2  i/aiv.  428.  given  in  the  pri- 

5.  WitnefTes  cannot  teftify  a  negative,  but  only  an  affirmative.  1^^;"„''J'^^  ^"'■'^' 

^,-'  J  ^  /  £)  »  J  Witncfies  cannot 

n  ood  1020.  teftify  a  negative. 

6.  A  prifoner  may  not  call  witnefles  to  difprove  what  his  own  A  man  fhall  not 
witneffes  iiave  fworn.     St.  Tr.  V.  2.  764,  792.  difprove  Ins  owr. 

7.  A  witnefs  fhall  not  be  permitted  to  read  his  evidence,  but  wwu*"'* 

,',,  r  r    n    \-  Whether  a  v.'it- 

he  may  look  upon  his  notes  to  refreln  his  memory.     St.  Tr.  V.  nci":  may  read  h;t 

4i  45'  evidence. 

8.  A  witnefs  (hall  not  be  crofs  examined,  till  he  has  gone  thro'  Wlim  lie  may  be 
the  evidence  for  the  party  on  whofe  fide  he  was  produced.     St.  'rofs  exan-iincd. 
Tr.  V.  2.  792. 

1  9-  J' 


n 


14  €\>iuntt. 


Variance.  g.  It  hath  been  admitted,  that  in  order  to  fhew  a  \'sriance  in 

the  evidence,  a  depofition  taken  by  a  witnefs  before  a  juftice  of 
the  peace,  may  at  the  prifoner's  defire  be  read  at  the  trial,  in  or- 
der to  take  off  the  credit  of  the  witnefs,  by  (hewing  a  variance 
between  fuch  depofitions,  and  the  evidence  given  in  court.  And 
for  the  fame  reafon  it  feems  agreed,  that  where  a  witnefs  at  one 
trial  varies  from  his  own  evidence  at  another,  in  relation  to  the 
fame  matter,  fuch  variance  may  alfo  be  given  in  evidence  to  inva- 
lidate his  teftimony  at  the  fecond  trial.  2  Ha'-cu.  430. 
Which  party  lo.  The  counfel  of  that  party  which  doth  begin  to  maintairj 

fliall  conclude,     (he  iffue,  ought  to  conclude.     7n.  p.  pais  220. 

A.     Subpoena  to  give  evidence. 

GEORGE  the  fecond,  by  the  grace  of  god,  of  Great  Britain, 
France  and  Ireland,  kin^,  dtfender  of  the  faith,  and  fo 
forth.  To  A.  B.  CD.  and  E.  F.  greeting:  We  command  you, 
and  every  of  you,  that  all  bufinefs  being  laid  af.dc^  and  all  excufes 
njchatfocver  ceajing,  yo  do  in  your  proper  perfons  appear  brfore  our 
jujlices  ajfigned  to  keep  the  peace  in  our  county  of  •  and  alfo  to 

bear  and  determine  divers  felonies,  trrfpaffcs,  and  other  mifd.mea- 
nors  in  the  faid  county  committed,  at  the  general  quarter  ffjions  of 

the  peace,  to  be  holden  at  ■ in  and  for  the  faid  county,  en 

■  the  ■  •       day  of        ■    .      .  at  the  hour  of  ten  in  the 

forenoon  of  the  fame  day,   to  tfflify  the  truth,  and  gi-je  evidence  on 

behalf  of  the  inhabitants  of  the  parifi>  of 1 in  the  faid  countx, 

againfi  A.  O.  in  a  cafe  of  baflardy.  And  this  you  are  in  no  'wife 
to  omit,  nor  any  of  you  to  omit,  on  pain  of  one  hundred  pottnds,  Wit- 
nefs Sir  James  Lowther,  baronet,  the  ■■  day  of /« 

the  year  rf  our  reign.  C. 

Note ;  There  may  be  four  witnefTes  put  in  one  fuhpana. 

A  fubpcena  ticket, 
To  Mr.  A.  W. 

BY  'virtue  of  his  majejly's  ivrit  of  fubpcena  to  you  dirccii'd,   and 
herewith  Jheivn  to  you,  you  are  perfonally  to  he  before  his  via- 

jejlfs  jujiices  of  the  peace  for  the  county  cf at  the  general 

quarter  feffions  of  the  peace  to  be  holden  for  the  faid  county,  at  — — — 

in  the  faid  aunty,  on —  the day  of next,  to 

tefiify  the  truth,    and gi'je  evidence  on  behalf  of  the  inhabitants  of 

the  parijh  of in  the  faid  county,   againfi  A.  O.  in  a  cafe  rf 

hafiardy.      And  this  you  are  not  to  emit,   upon  pain  of  one  hundred 

pounds.     Dated  this  —. — -—  day  of 1753- 

By  the  court. 

C. 


B.    Condition 


€]cam!'nati'on.^  315 


B.     Condition  of  a  recognizance  to  appear  and  give 
evidence. 

TH  E  condition  of  this  recognizance  is  fuch^  that  if  the  ahonje- 
bound  A.  ^ .  Jhall  perfonally  appear  at  the  next  general  quar- 
ter fjji:ns  of  th^  peace  to  be  holdin  at  ■  in  and  for  the  faid 
county,   and  then  and  there  gi've  fuch  e^jidcnce  as  he  knciveth,  upon  a 

bill  of  indictment  to  he  exhibited  by  A.\.  of '-yeoman,   to  the 

grand  jury,  again fi  A.  O.  late  of in  the  J  aid  county,  yeo- 
man, for  the  felonioufty  taking  and  carrying  aivcy — .  the  pro- 
perty rf ■  and  in  cafe  the  laid  bill  be  found  a  true  bill,  then  if 

the  fdii  A.  W.  jhall  then  and  there  gi've  e'vidence  to  the  jurors  that 
(hah  pafs  Gtt  the  trial  of  the  faid  A.  O.  upon  the  faid  bill  of  ijt' 
didment,  and  not  depart  thence  njuithout  leosoe  of  the  courts  then  this 
riccgnizance  to  be  nioid^  otberivife  of  force. 


cjcaminatt'on* 

IF  a  felony  is  committed,  and  one  is  brought  before  a  jufticC 
upon  fufpicion  thereof,  and  the  juftice  finds  upon  examination 
that  the  prifoner  is  not  guilty;  yet  the  jullice  fliall  not  difcharge 
him,  but  he  muft  either  be  bailed  or  committed  :  for  it  is  not  fit 
that  a  man  once  arrefted  and  charged  with  felony,  or  fufpicion 
thereof,  fhould  be  delivered  upon  any  man's  difcretion,  without 
farther  trial.     Dait.  c.  164. 

In  order  to  which  bail  or  commitment,  the  examination  and 
information  of  the  parties  mull  firft  be  taken,  according  to  the  fol- 
lowing llatutes: 

'Tn.iso  or  more  juflices  ( l  Q; }  or  one  of  the  faid  juflices,  hrfort 
they  bail  a  perfon  apprehended  for  felony  (if  the  offence  is  bailable) 
fall  take  his  examination  (  A  )  and  the  information  ( B )  c/'  them 
that  bring  him,  of  the  fail  and  circumfances  thereof,  and  the  fame ^ 
or  as  much  thereof  as  Jhall  be  material  to  prove  the  felony,  fhall  put 
in  'writing  ;  nx^hich  examination  they  Jhall  certify  (together  ^vith  the 
bailment  J  at  the  next  general  gaol  di  livery,  to  be  holden  imthin  tht 
limits  cf  their  commijjlon.      1&2P.&M.  c.  13.  f.  4. 

And  thiy  fhall  have  povuer  to  bind  by  recognizance  ( C  )  all  fuch  at 
do  declare  any  thing  material  to  prove  the  offence,  to  appear  at  the 
next  general  gaol  delivery,  to  be  holden  ivithin  the  county  vohere  the 
trial  Jhall  be,  then  and  there  to  give  evidence  agairf  the  party;  anet 
jhall  certify  fuch  recognizance  in  like  manner.     {.  5. 

And  if  they  offend  in  atiy  thing  herein,  they  fnall  he  fined  by  thi 
juflices  of  gaol  delivery,      id. 

In  like  manner,  vjhere  the  perfon  is  not  bailed,  but  covtmitfed  to 

ivard,  thejufiice  or  jvfices  iK:ho  commit  him,  Jhall  bifore  fuch  com- 

piitmmt,  take  the  like  cxaminaticji  and  irformation,  and  fjall  put  ihf 

fajne  in  v^-riting  vithin  tivo  days  after  the  f. id  exatnlnation,  and 

3  jkall 


31^  ejcamtnan'om 


Jl:rJl  in  like  manner  hmd  o'vcr  the  tuitnejfes ;   and  certify  the  luhole  as 
abc^.-e,     a  &  3  P.  &  M.  c.  lo. 

Shall  take  his  examination^  And  in  order  thereunto,  if  by  fome 
reafonable  occafion,  the  juftice  cannot  at  the  return  of  the  warrant 
take  the  examination,  he  may  by  word  of  mouth  command  the 
conltable  or  any  other  perfon,  to  detain  in  cuftody  the  prifoner  till 
the  next  day,  and  then  to  bring  him  before  the  jailice,  for  farther 
examination.  And  this  detainer  is  jullifiable  by  the  conflable  or 
any  other  perfon,  without  fhewing  the  particular  caufe  for  which 
he  was  to  be  examined,  or  any  warrant  in  writing,   i  H.  H.  585. 

But  the  time  of  the  detainer  mull  be  no  longer  than  is  neceffary 
for  fuch  purpofe ;  for  which  it  is  faid,  that  the  fpace  of  three 
days  is  a  reafonable  time.      2  Haiv.  1 1(). 

But  the  examination  of  the  perfon  accufed,  ought  not  to  be 
upon  oath,      i  H.  H.  ^8^. 

But  if  upon  his  examination  he  (hall  confefs  the  matter,  it  fhall 
not  be  amifs  that  he  fubfcribe  his  name,  or  mark  to  it.  Dalt. 
c.  164. 

Which  examination  Feing  voluntary,  and  fworn  by  the  jaftice 
or  his  clerk  to  be  truly  taken,  may  be  given  in  evidence  againft 
the  party  confefTing,  but  not  againll  others,  i  H.  H.  585. 
2  Haiv,  429. 

hformation  of  them  that  hri>:g  hini]  Or  of  Other  witnefTes  ; 
whom  the  juftice  may  bring  before  him  by  his  warrant  (  D  )  for 
that  purpofe.      I  H.  H.  586.     Dalt.  c.  164. 

And  this  information  mult  be  upon  oath,  Dalt.  c.  i6x.  i  H. 
H.  ^86. 

And  therefore  if  a  quaker  is  a  witnefs,  his  afRrmation  muft  not 
be  taken  in  this  cafe;  for  by  the  7  £5"  8  W.  c.  34  /  36.  it  is  pro- 
vided, that  no  quaker  fhall  be  examined  for  or  againil  any  perfon 
in  any  criminal  caufe,  unlefs  it  be  upon  oath. 

And  the  faid  information  being  upon  the  trial  fworn  to  be  truly 
taken,  by  the  juitice  or  his  clerk,  may  be  given  in  evidence  againlt 
the  prifoner,  if  the  witneHes  be  dead  and  not  able  to  travel,  i  //. 
H.  586. 

Or  OS  much  thereof  as  Jhall  he  material  to  proie  the  flonf^  Yet 
it  feemeth  alfo  juft  and  right,  that  the  juibces  who  take  informa- 
tion againft  a  felon,  or  perfon  fufpected  of  felony,  fliould  take 
;"tnd  certify  as  well  fuch  information,  proof,  and  evidence,  as  goeth 
to  the  acquittal  or  clearing  of  the  prifoner,  as  fuch  as  maketh 
agiinfl  the  prifoner  :  for  fuch  information,  evidence,  or  proof  fo 
taken,  is  only  to  inform  the  king  and  his  juiliccs  of  the  truth  of 
the  matter.     Dalt.  c.  165. 

Shall  certify  at  the  next  gaol  delivery']  And  yet  for  petty  lar- 
cenies, and  fmall  felonies,  the  offenders  may  be  tried  at  the  qi:ar- 
ter  feliions,  and  the  examinations  and  informations  may  be  cerci- 
iied  thither.     Dalt.  c.  1 64. 

To  he  holden  nviihln  the  Units  of  their  commijjict:]  And  yet  ex- 
amination: taken  by  juftices  of  the  peace  in  one  county,  may  be 

by 


Ocaminati'om  zij 


by  thjjm  certified  in  another  county,  and  there  read,  and  given  in 
evidence  againft  the  prifoner.     Dalt    f.  164. 

To  bind  by  recogukcance\  And  upon  refufal,  may  commit  the 
perfon  refufing.     i  H.  H.  586. 

And  the  parties  grieved  ought  to  be  boand,  not  only  to  give 
evidence,  but  alfo  to  prefer  a  bill  of  indidment  againit  the  pri- 
foner.    Dalt.  c.  164. 

A.     Examination  of  a  felon. 

Weftmorland.  '  ■  ''  H  E  examination  of  A.  O.   of ■  yeoman f 

j|_       taken  bcfcre  me  Lancelot  Pattenfon,  cUrk,  one 
of  his  majejifs  jujiices  of  the  peace  for  the  faid  cottnty  [or,   in  the 

cafe  of  bail, — taken  before  us tivo  of  his  mcj:fy''s  juftices 

of  the  peace  for  the  fad  county  ^  and  one  of  us  of  the  Quorum]  the 
■  day  of  in  the  '     year  of  the  reign  of  '    • 

The  faid  A.  O.  being  charged  before  me  [or,  us'\by  k.\.  cf > 

yeoman  J  ivith  the  felonious  fealing  out  of  the  houfe  of  the  faid  A  I. 
at                ■   on  the  — —  day  of-  the  folloiving  goods,   to 

'wit,  ■  to  the  ijalue  of he  the  fad  A.  O.  upon  his  ex- 
amination no-TV  taken  before  ?ne  [or  a/]  conjeffeth  that  — — —  [or, 
dcnieth  that  — : ]  i^c. 

B.     Information  of  a  witnefs. 

Weftmorland. '  "li  "'HE  infortnation  of  A.I.  cf yeoman , 

.1       taken  upon  oath  before  me  [as  before] 

C.     Recognizance  to  give  evidence. 

Wcftmorland.  T^  E   it   rcmembred,    that  on  the  •  day  rf 

Jj   in  the year  of  the  rcigji  of 

A.   I.    of in  the  fuid  county,  yeoman,    did  ccme  before   me 

Lancelot  Pattenfon,  clerk,  one  of  the  jujiices  of  our  faid  lord  the 
king,  pjjigned  to  keep  the  peace  in  the  faid  county,  and  did  acknoii'- 
ledge  himflf  to  oive  to  our  faid  lord  the  king  ten  pounds  of  latvful  ir.o- 
ney  of  Great  Britain,  under  condition,  that  if  he  fyall  fcrfonaliy  ap  ■ 
pear  before  the  juf  ices  cf  cur  faid  lord  the  king,  at  the  next  gcnarl 
quarter  fjjians  of  the  peace  [or,  gaol  deli-uery']  to  be  holden  in  and 
for  the  fad  county  y  then  and  there  to  give  evidence  in  behalf  of  cur 
faid  lord-the  king,  agait:Jl  A.  O.  late  of njuho  being  attach- 
ed, and  fufpeBcd  cf  felony,  is  ff(57v  co/nmitted  to  the  gaol  of  cur  faid 
lord  the  king  in  the  faid  county,  that  then  this  recognisance  to  be  'void, 
otherix'ife  of  force. 

Or  thus,    to  prefer  a  bill  of  indiflment,    and  give 
evidence. 

Wellmorland.T3    ^   it    remcmbred,    that  on    the  •     ^    ■    .  day   nf 

J_)    ■  in  the  —————year  of  the  reign  of 

"  A.  L  rf  in  the  faid  county,  ycoma?;,  pcrfonnlty 

carr.s 


3i8  C]caminat!ort* 


tame  before  me  Lancelot  Pattenfon,  clerk,  one  of  the  jif  ices  of  our 
faid  lord  the  king,  ajjigntd  to  keep  the  peact  in  the  fnid  county,  and 
ackno-tvltdged  himftlf  to  o^jue  to  our  f aid  lord  the  king  the  Jum  oj — — * 
of  good  and  lanvful  money  of  GresLt  Britain,  to  he  tnodc  and  levied 
of  his  goods  and  chattels,  lands,  and  tenement:,  to  the  uf  of  ourfiid 
lord  the  king,  his  heir  i^  and fucceffon ,  if  ke  the  faid  A.  \.  Jhallfail 
in  the  condition  indofd. 

J.   P. 

7he  condition  of  the  ixithin  I'jritten  recognizance  is  fuch,    that 

*whereas  one  A.  O.  late  of- ^jjas  this  jrcf  rt   day  brought 

bejore  the  jujlice  ivithin  mentioned  by  the  ivithin  bmndcn  h.  I.  ard 
^vjas  by  him  charged  nuith  the  felonious  taking  and  c.irrying  aivay 
■  ■  '  ■  of  the  goods  of  him  the  faid  A.  I.  avd  thereupon  ivas 
committed  by  the  faid  jifice  to  the  common  gao!  in  end  far  the 
faid  county  :  If  therefore  he  the  fid  A.  I.  Jhall  and  do  at  the 
rext  general  quirtcr  fjjtons  of  the  peace  [or,  gaol  delivery']  to  be 
holdcn  in  and  for  the  faid  county,  prefer,  or  caufe  to  be  preferred,  one 
bill  of  indiSiment  of  the  faid  felony  againfi  the  faid  A.  O.  and 
fhall  then  alfo  giue  cvidtnce  there  concerning  the  fame,  as  ivelt 
to  the  jurors  that  fhall  then  inquire  of  the  faid  f  levy,  as  alfo  to 
them  that  f kail  pafs  upon  the  trial  of  the  faid  A.  O.  that  then 
the  faid  recognizance  to  be  void,  or  elfe  to  fiand  in  full  force  for 
the  king. 

D.     Warrant  for  a  witnefs. 

Weflmorland  \  To  the  conftable  of 

WHEREAS  oath  hath  been  made  before  me one  of 
his  majefy's  juffices  of  the  peace  in  and  for  the  fad  county  ^ 
by  A.  I.  of  •  yeoman,  that  he  the  faid  A.I.  'was  lately  robbed 
at  •  ■■  and  that  he  hath  good  caufe  to  helic-je  that  A.  W.  of 
•  "  is  a  material  ivitnefs  to  proiie  by  ijuhom  the  faid  robbery 
*was  committed:  Thefe  are  therefore  to  require  you  to  caufe  the 
faid  A.  I.  forth-J^ith  to  come  before  me,  to  give  fuch  information 
and  evidence  as  he  knovjeth  concerning  the  faid  offence,  that  fuch 
further  proceeding  may  be  had  therein,  as  to  the  laiv  doth  ap- 
pertain. Given  under  my  band  and  fal  at  ■  in  the  faid 
lounty,  the  '  '             day  cf 


Crdfc 


3^9 


e%titc  atvD  Cttftoms, 

AS  the  cufioms  and  excife,  fo  far  as  juftices  of  the  peace, 
condables  and  other  peace  officers,  are  concerned  therein, 
are  in  fome  meafure  connected  and  interwoven  with  each  other; 
it  is  thought  proper  here  to  reprefent  them  together,  that  the 
reader  may  at  once  have  a  full  and  diftind  comprehenfion  of  the 
whole. 

I.  Of  the  cuftoms  in  general. 

II.  Of  the  excife  in  general. 

III.  Of  the  feveral  goods  in  particular,  under 
the  management  of  the  commiflioners 
of  the  cuftoms  and  excife, 

I.  Of  the  cufloms  in  general. 

Note ;  There  are  two  books  of  rates  for  afcertaining  the  values 
of  goods  on  innportation,  according  to  which  the  cuftoms  (hall  be 
paid  ;  the  one,  Jigned  by  Sir  Harbotile  Grimfton,  baronet,  fpeaker 
of  the  houfe  of  commons,  referred  to,  eftabliflied,  and  confirmed, 
by  the  aft  of  tonnage  and  poundage  12  C.  2.  c.  4.  The  other, 
(jgned  by  Spencer  Ccrnpton,  efquire,  Tpeaker  of  the  houfe  of  com- 
mons, being  an  additional  book  of  rates  of  goods  imported,  not 
particularly  fpecified  in  the  former  book  of  rates :  The  latter  of 
which,  as  being  part  of  the  aft  it  felf,  is  inferted  in  the  flatutes  at 
large,  1 1  G.  r.  7.  but  the  former,  altho'  it  is  as  neceffary  to  be 
known,  yet  being  no  part  of  the  aft,  is  not  inferted  therein  ;  but 
may  be  found  in  Cay\  abridgment. 

I.  When  any  commifTion  fhall  be  ifTued  for  conftituting  com-  Appointing;  and 
miilioners  of  the  cuftoms,  two  of  them  firft  named  in  the  com-  Swearing  com- 
miffion  fhall  be  fworn  before  the  chancellor,  or  chief  baron  of  the  '"'^»<'"ers, 
exchequer,  or  mafter  of  the  rolls,  for  the  true  and  faithful  ex- 
ecutio72,  to  the  hejl  of  their  knonjcledge  and poivcr,  of  the  trujl  com- 
mitted to  their  charge  and  infpeBion,  and  that  they  ivill  not  take  or 
recci've  any  renjjard  or  gratuity,  direilly  or  indinilly,  other  than  their 
falariesy  and  -ivhai  Jball  he  alloived  them  from  the  cro^wn,  or  the  re- 
gular Jees  ejiahlij}}cd  hy  laiv,  for  any  frnjice  to  be  done,  in  the  execu- 
tion cf  their  cmhloynient  in  the  cuftoms,  on  any  account  luhatfoe'ver, 

ew.c.i.i.s. 

And  every  other  of  the  commiffioners  and  patent  officers,  and 
tvety  of  their  deputies,  clerks,  or  fervants,  and  all  other  officers 
who  fhall  have  any  employment  in  or  about  the  cuftoms,  fliall  at 
their  admiffion,  if  it  is  within  the  ports  of  London,  take  the  faid 
oath  before  two  commifTioners ;  and  elfewhere,  before  two  juftices 
of  the  peace  in  the  county,  town,  or  place,  where  his  employ- 
ment 


320 


In  what  cafes 
they  only  can 
make  Teizures. 


Ifle  of  imn,  as 
to  cuftoms. 


Shipping  or  lanu- 
ing  goods  with- 
out warrant. 


Power  of  jiifliccs 
in  cafe  of  fhips, 
cattle,  and  car- 
riages forfeited. 


€]ctitt  anti  Cuftottis. 

ment  fliall  be :   And  every  perfon  not  taking  fuch  oath,  /hall  for- 
feit his  office.     :d. 

And  the  perfons  hereby  refpeftively  authorized  to  adminifter  the 
oath,  (hall  certify  the  taking  thereof,  to  the  next  leflions  to  be  held 
for  the  coimty  or  place  where  the  oath  was  adminiltred,  to  be  kept 
amongft  the  records.     :'d.  f.  6. 

2.  ?>y  the  1 3  ^  14  C.  2.  c.  \\.  No  (hip  or  goods  (hall  be  fei- 
zed  as  forfeited  for  unlawful  importation  or  exportation,  or  non- 
payment of  cuftoms,  but  by  officers  of  the  cuftoms.    /  15. 

Eut  by  the  8  G.  c.  18.  Spirituous  liquors,  Britijh  or  foreign, 
and  all  foreign  excifable  liquors  forfeited,  together  with  the  calks 
or  other  p:ickage,  may  be  feized  by  any  officer  of  the  culloms  or 
cxcife,  or  by  fuch  perlbns  as  (hall  be  deputed  by  warrant  from  the 
lord  treaCurer,  or  under  treafurer,  or  by  fpecial  commi/Tion  under 
the  great  or  privy  feal ;  but  by  no  other  perfon.    /  24. 

And  therefore  no  others  have  power,  unlefs  where  it  is  fpecially 
given,  as  it  is  in  feme  cafes  hereafter  following,  by  ftatute. 

3.  No  drawback  (hall  be  allowed  for  goods  exported  to  the 
TJIc  cf  Man ;  and  none  (hall  be  imported  from  thence,  but  of  the 
produce  thereof,      i  2  G.   f.  28.  yT  2  i,  22,  23. 

4.  Jf  any  goods  (hail  be  laden  or  taken  in  from  the  (hoar,  into 
any  barge,  hoy,  wherry,  or  boat,  to  be  carried  aboard  any  (hip 
outward  bound;  or  laden  or  taken  in  out  of  any  (hip  coming  in 
from  foreign  parts,  without  a  warrant  and  prefence  of  an  officer 
of  the  cultoms ;  fuch  barge,  hoy,  wherry,  or  boat  (hall  be  for- 
feited ;  and  the  whariinger  o(fending  (hall  forfeit  100/.  and  the 
mader,  purfer,  boatfwain,  or  other  mariner  of  any  (hip  inward 
bound,  confenting  thereunto,  fhall  forfeit  the  value  of  the  goods 
fo  unihipped ;  half  to  the  king,  a*id  half  to  him  that  (hall  fue. 
15  £ff  14  C.  2.  f.  1 1.  /  7. 

And  if  any  carman,  porter,  waterman,  or  other  perfon,  fhall 
affifi  in  the  taking  up,  landing,  (hipping  off,  or  carrying  away, 
any  fuch  goods ;  fuch  perfon,  being  apprehended  by  the  warrant 
of  any  jiiftice  of  the  peace,  and  the  fame  being  proved  by  the 
oath  of  two  witnefTes,  the  faid  offender  for  the  (irll  offence  (hall 
by  the  jultice  be  committed  to  the  next  gaol,  there  to  remain  till 
he  find  furety  of  the  good  behaviour  for  fo  long  time  until  he  be 
difcharged  by  the  lord  treafurer,  chancellor,  under  treafurer,  or 
barons  of  the  exchequer;  and  for  a  fecond  offence,  he  may  by 
anyjullicc  of  the  peace  as  aforefaid,  be  committed  to  the  next 
gaol,  there  to  remain  for  two  months  without  bail,  or  until  he 
(hall  pay  to  the  (herifF  5  /.  for  the  king's  ufe,  or  until  he  (hall  be 
difcharged  by  the  court  of  exchequer  as  aforel'aid.     /V/. 

5.  And  here,  on  cccafion  of  the  foifeiture  of  the  boat  or  vef- 
fel,  mentioned  in  the  preceding  feiStion,  it  is  proper  to  take  no- 
tice of  a  general  claufe  in  the  ftatute  of  8  G.  c.  18.  which  brings 
the  cognizance  not  only  of  the  faid  forfeiture,  but  alio  of  feveral 
others  hereafter  following,  under  the  jurifdiftion  of  thejuilicesof 
the  peace,  and  confequenily  enlarges  conficJerably  this  title  relating 
to  the  culloms;  to  wit,  In  regard  that  the  keeping  and  maintain- 
ing the  hcrfes  feized,  from  the  time  of  feizure,  to  the  time  ot  con- 
demnation in  the  court  of  exchequer,  is  very  chargeable,  and  the 

charge 


CjcciXe  ana  CuftomS;  321 

charge  of  condemning  fuch  veflels,  boats,  and  horfes,  1*9  very 
great;  therefore  it  is  enafted,  that  all  feizures  of  veflels  or  boats 
of  1 5  tons  or  under,  by  virtue  of  any  adl  relating  to  the  cuftoms, 
for  carrying  uncuftoraed  or  prohibited  goods,  or  for  relanding  de- 
benture goods  ;  and  all  feizures  of  horfes,  or  other  cattle,  or  car- 
riages for  carrying  fuch  goods,  may  be  heard  and  determined  in 
fuch  manner  as  is  appointed  by  the  aft  of  6  G.  c.  21 .  except  as 
therein  excepted  ;  that  is  to  fay,  All  fuch  feizures  may  in  a  fum- 
mary  way  be  determined  by  two  jullices  of  the  peace  refiding  near 
the  place  where  the  feizure  is  made ;  who  fhall  fummon  the  party 
accufed,  and  on  appearance  or  default  proceed  to  hear  and  give 
judgment,  and  iffue  warrants  for  falc  of  fuch  as  Ihall  be  by  them 
condemned  :  whofe  judgment  fiiall  not  be  liable  to  any  appeal  or 
certiorari.      8G.   c.  18.  /.  16. 

6.  And  by  the  9G.  2.  c.  35.  In  trials  of  feizures,  the  juftices  Jurtlces  on  trial 
fhall  proceed  to  the  merits  of  the  caufe,  without  inquiring  into  the  ^°  pfo«ed  on 
form  or  manner  of  feizure.    /  34.  '^'  '""'"• 

7.  And  if  any  quellion  Ihall  arife,  whether  any  perfon  be  an  Officer  on  trial 
officer  of  the  cufloms,  proof  ihall  be  admitted,  that  fuch  perfon  ^^^^  "°'^  prfiv* 
was  reputed  to  be,  and  had  afted  in  fuch  office,  and  at  the  time    '^  commiihon. 
when  the  matter  in  controverfy  was  done,  without  proving  or  pro- 
ducing the  commiffion.      n  G.  c.  30.  /"  32. 

8.  And  if  any  difpute  Ihall  arife,   whether  the  cuftoms  have  Proof  to  lie  on 
been  paid  ;  the  proof  Ihall  lie  on  the  owner,  and  not  on  the  ofti-  t^he  owner. 
cer.     12  G.  c.  28.  /  8. 

9.  If  any  foreign  goods  fpecified  in  any  certif.cate,  whereupon  Goods  relanded 
any  drawback  is  to  be  made,  or  debenture  to  be  made  forth  for  after  drawback, 
any  fuch  drawback,  Ihall  not  be  really  and  hcna  fide  {hipped  and 

exported  (danger  of  the  feas  and  enemies  excepted),  or  fhall  be 
landed  again,  unlefs  in  cai'e  of  diftrefs  to  fave  the  goods  from  pe- 
riihing,  which  fhall  prefently  be  made  known  to  the  principal  of- 
ficers of  the  port ;  then  not  only  all  fuch  certificate  goods  fhall  be 
forfeited,  but  alfo  the  perfon  relanding  the  fame,  or  concerned 
therein,  or  to  whofe  hands  they  fliall  knowingly  come,  or  by 
whofe  privity  they  are  relanded,  fhall  forfeit  double  value  of  the 
drawback,  together  with  the  vefTels,  boats,  horfes,  cattle,  and 
■  carriages,  made  ufe  of  in  landing  or  carrying  the  fame;  half  to 
the  king,  and  half  to  him  that  fhall  inform,  feize,  or  fue  in  the 
t.o\xxx.%-3x]ViJimi,!jlcr.  %  An.  c.  13./16.  But  by  the  claufe  above- 
mentioned,  the  boat?,  caltle,  and  carriages,  may  be  recovered  be- 
fore the  juftices  of  the  peace. 

10.  By  the  8  ^».  cj.   If  any  goods   fhall  be  unfhipped,   wijh  UnOJrpV.f  with 
intention  to  be  landed,  without  paying  cuftcms,  or  if  any  prohi- ^''""^  "  ^'*"'^' 
biced  goods  fliall  be  imported  ;  then  not  orily  the  faid  goods  fhall 

be  forfeited,  but  alfo  the  perlons  afTitling  or  concerned  therein,  cr 
to  whofe  hands  they  fhall  come,  fhall  forfeit  treble  value,  toge- 
ther wiih  the  veiTcl.s,  boats,  horfes,  and  other  cattle,  and  car- 
riages ;  half  to  the  );ing,  and  half  to  him  that  fhall  feize  or  fue. 
717. 

11.  Any  perfon  authorized  by  writ  of  afEf^ants  out  of  the  ex- Power  to  feaxch," 
chequer,  may  take  a  conflable  or  other  publick  officer  near,  and 

in  the  day  time  enter  any  hcull:  cr  ulace,  and  in  cafe  of  refJlance 
;      Vol,!.  y  bjcik 


3  2  2  Cjtctfe  atiD  CuHoms. 

break  open  doors,  cherts,  and  other  package,  there  to  feize,  and 
from  thence  to  bring  goods  prohibited  and  uncufiomed,  and  fecure 
them  in  the  king's  warehoufe.      i  3  ^'  1 4  C.  2.  c.  1 1 .  y!  5. 
Goods  pafling  12.   If  prohibited  or  cuftomable  goods  fhall  be  found  by  any 

may  be  flopped    officer  of  the  cuftoms,  in  a  bark,  hoy,  lighter,  barge,  boat,    or 
•nd  kized.  vvherry  on  the  water;    or  coming  diredlly  from  the  water  .fide, 

without  the  prefence  of  an  officer;  or  if  fuch  goods  fhall,  on  in- 
formation of  a  credible  perfon,  be  found  in  any  houfe  or  place, 
on  fearch  made  as  by  the  faid  ftatute  of  i  3  iff  14  C  2.  c  11.  fuch 
officer  may  flop  and  put  the  faid  goods  in  the  king's  warehoufe, 
until  the  claimer  fhall  make  proof  before  the  commiffioners,  if  it 
be  in  the  port  of  London,  that  the  duties  ha"\  e  been  paid  or  fecured, 
or  that  the  fame  had  been  bought  in  a  lawful  way  of  trade,  and 
that  fuch  perfon  verily  believes  the  duties  to  have  been  paid,  or 
that  the  faid  goods  had  been  compounded  for,  or  condemned  in 
the  exchequer,  or  been  otherwife  delivered  by  writ  of  that  court, 
and  that  the  prohibited  goods  had  been  compounded  for,  or  con- 
demned, or  otherwife  delivered,  as  aforefaid  ;  in  which  cafe,  the 
goods  fhall  be  delivered  without  delay  or  charge.  And  if  the  goods 
be  flopped  in  any  other  port,  th*e  claimer  fliall  make  the  like  proof 
and  deliver  the  fame  to  the  collector,  or  in  his  abfcnce  to  one  of 
the  other  principal  officers  of  the  port,  which  proof  fliall  forth- 
with be  tranfmitted  to  the  commiffioners  for  their  directions  touch- 
ing the  delivery  of  the  goods,  or  for  feizing  the  fame  and  profe- 
cution.     6  G.   f.  21.  /.  39. 

Provided  fuch  proof  be  made  within  ten  days;  in  failure  where- 
of the  goods  may  be  feized  and  profccuted  as  by  the  lav/s  againfl 
the  importation  of  prohibited  or  uncuftomcd  goods.    /.  40. 

If  on  fuch  profecution,  where  no  application  hath  been  mada 
to  the  commiffioners  or  officers  aforefaid,  and  not  otherwife,  the 
property  of  the  goods  fhall  be  claimed,  and  the  queftion  fhall  arife 
whether,  the  duties  were  paid,  or  the  goods  had  been  compounded 
for,  or  condemned,  or  otherwife  delivered  by  writ  out  of  the  ex- 
chequer, or  bought  in  a  lawful  way  of  trade,  the  proof  fhall  lie 
on  the  claimer;  and  if  the  claimer  recovers  his  goods,  he  fhall 
have  cofls  likewife,  which  fliall  be  reckoned  as  a  full  fatisfadioa 
for  damages.    /41. 

Where  the  claimer  fliall  make  proof,  either  by  oath  before  a 
jaftice  of  the  peace,  or  otherwife,  to  the  fatisfaftion  of  the  com.r 
miffioners  or  officers  of  the  cuflcm?,  fo  as  to  induce  them  to  order 
a  delivery  of  the  goods,  and  if  the  owner  fhall  receive  any  da- 
mage by  fuch  flop ;  he  may  bring  his  adlion  for  his  reafonable  da-  \ 
mages.    /42. 

But  the  officer,  if  he  pleafes,  may  profecute,  notwithfbnding 
the  direflions  of  the  commiffioners;  in  which  cafe  he  fhall  be  li- 
able to  be  fued  by  the  owner  for  recovery  of  his  goods  with  full 
cofts :  or  if  the  commilTiorters  fhall  give  no  diredtions  for  delivery 
of  the  goods,  the  owner  neverthelefs  may  fue  for  them  with  cofts 
and  damages.  /.  43. 
CooJi  taken  in  13.  If  any  foreign  goods  flialF  be  taken  in  at  fea,  or  put  out  of 
*'  '*•*•  any  fhip,  within  four  leagues  from  the  coaft,  without  payment  of 

the.cuitoms  and  other  duties  ;unlefs  incaie  of  neceffity,  or  for  a 
■X  "  lawful 


lawful  reafon,  of  which  the  mafter  lliall  give  immediate  notice 
and  make  proof,  before  the  chief  ofncer  of  the  cufloms  of  the 
firft  port  where  he  fhall  arrive)  ;  the  fame  (hall  be  forfeited,  and 
every  perfon  aiding  or  concerned  therein  fhall  forfeit  treble  value; 
and  the  veffel  into  which  the  fame  fhall  be  taken,  (hall  be  forfeit- 
ed, not  exceeding  ico  tuns;  and  the  mafter  of  the  vefiel  out  of 
which  they  ase  taken,  fhall  alfo  forfeit  treble  value ;  half  to  the 
king,  and  half  to  him  that  lliall  feixe  or  fue.  9  G    2.  f.  35.  /  23. 

14.  Any  officer  of  the  culloms  or  excife  (producing  his  warrant  Officers  may 
or  deputation,  if  required)  may  go  on  board  any  coafting  vefiel,  f^rcji  coaftinj 
and  fearch  for  prohibited  and  unculromed  goods,  and  continue  on    "  ^  ^' 
board  during  the  veffel's  flay  within  the  limits  of  the  port ;  and  if 

any  perfon  fhall  obfljudl  him,  he  fhall  forfeit  100/.  9  G.  2.  c.  35. 

/  29 

15.  On  oath  made  before  a  juflice  of  the  peace,  that  any  per-  Perfons  lurklag 

fon  is  lurking  within  five  miles  of  the  fea  coaft  or  any  navigable  ^^'^^"*r  ? 
river,  and  there  is  reafon  to  fufpeft  that  he  waits  with  intent  to  ^^^^^ 
be  aiding  in  running  of  goods,  thejuftice  may  grant  his  warrant 
to  bring  him  before  him ;  and  if  he  lliall  not  give  a  fatisfadory 
account  of  himfelf  and  his  employment,  or  otherwife  make  it  ap- 
pear that  he  is  not  concerned  in  any  clandelfine  or  unlawful  bufi- 
nef?,  he  fiiall  be  committed  to  the  hoafe  of  corredion,  to  be  whipt 
and  kept  to  hard  labour  not  exceeding  one  month  :  And  the  comi- 
miffioners  of  the  cufloms  or  excife  fhall  caufe  to  be  paid  to  the  in- 
former a  reward  of  20s.  for  each  offender.   9  G.  z.  c.  315.  /!  18. 

But  if  fuch  perfon  (hall  defire  time  for  clearing  himfelf,  he  fhall 
not  be  punilhed  by  whipping  or  other  corredion,  but  committed 
to  the  common  gaol  till  he  (hall  fo  do,  or  till  he  find  fecurity  not 
to  be  guilty  of  any  the  faid  offences.    /.  19. 

16.  If  any  perfon  fhall  knowingly  receive  or  buy  any  run    ."^'"2  or  fecel. 
goods;  he  fhall  on  convidion  (after  fummons)  by  confefTion  q^ '*'"'S  "n  goo  s, 
oath  of  one  witnefs,  before  one  juftice  where  the  offence  fhall  be 
committed  or  the  offender  fhall  be  found,  forfeit  zo /.  half  to  the 

informer,  and  half  to  the  poor,  by  diilrefs  ;  for  want  of  diftrefs, 
to  be  committed  to  prifon  for  three  months.     S  G.  c.  18.  /.  10. 

17.  And  by  the  1 1  G.  c.  30.  If  any  perfon  fhall  harbon.'-,  keep,  Concealijig  nja 
or  conceal,  or  fuffer  to  be  harboured,    kept,    or  concealed,    any  goods, 
prohibited  or  run  goods  liable  to  pay  cuftoms ;  he  fhall  (whether 

he  claim  any  property  in  them  or  not)  forfeit  the  fame,  and  treble 
value,  to  be  recovered  and  mitigated  as  by  the  laws  of  excife,  or 
in  the  courts  at  Wcjlmin fiery  half  to  the  king,  and  half  to  him 
that  fnall  fue.    /  16. 

18.  And  if  any  perfon  fhall  offer  to  fale  any  prohibited  goods.  Offering  to  fal« 
or  which  have  been,  or  are  by  him  pretended  to  have  been  run  ;  ^"°  goods, 
the  fame,  together  with  the  package  fhall  be  forfeited,  and  be 

feized  by  the  party  to  whom  they  are  offered  to  fale,  or  by  any 
officer  of  the  cufloms  or  excife  :  Provided  that  if  the  feizure  is 
'  within  the  bills  of  mortality,  then  within  24  hours,  if  elfewhere, 
within  48  hours,  they  be  put  into  the  king's  warehoufe  near  the 
place  of  feizure,  and  if  it  be  f^r  from  any  fuch  warehoufe,  thea 
in  fome  excife  ofiice.aear.     \\G.  c.  30.  /.  18. 

Y  2  And 


324  emit  am  Cuiiomg* 

And  the  perfon  offering  them  to  fale,  fluU  alfo  forfeit  treble 
value.    /  19. 

And  the  faid  good?,  if  fold,  may  be  feized  (with  the  package) 
from  the  buyer,  either  by  the  feller  or  any  fuch  officer.     /.  20. 

And  the  buyer  (hall  alfo  forfeit  treble  value.  But  both  buyer 
and  feller  (hall  not  be  profecuted  for  the  fame  goods,  but  whether 
of  them  (hall  firft  profecute  the  other  (hall  be  difcharged  ;  but  if 
profecution  (lull  not  be  commenced  in  a  month,  the  warehoufe 
keeper  may  profecute.    /.  2 1 . 

Which   faid  forfeitures  (hall  be  recovered  and  mitigated  as  by 
the  laws  of  excife,  or  in  the  courts  at  Hejimhijier  j  half  to  the 
king,  and  half  to  him  that  (hall  fue.    /  39. 
Porter  carrying        19.  All  porters,  and  others,  knowingly  carrying  run  or  probi- 
juri  goods.  bited  goods,  and  who  (hall  be  convicted  thereof  (on  appearance 

or  default)  on  the  oath  of  one  witnefs,  or  confcdion,  before  one 
.  juftice  where   the   offence    (liall   be  committed,    or  the  offender 

found,  (hall  forfeit  treble  value,  half  to  the  informer,  and  half  to 
the  poor,  to  be  levied  by  dillrefs  by  warrant  of  fuch  juftice,  and 
for  want  of  diflrefs  to  be  committed  to  the  houfe  of  correction, 
to  be  vvhipt  and  kept  to  hard  labour  not  exceeding  three  months. 
9  G.  2.  c.  35.  /  21. 
Perfons  armed  or  20.  Perfons  paffuig  with  foreign  goods  landed  without  entry, 
ir^"une"ds^'  w^^^'"  ^o  miles  of  the  coaft,  if  they  be  more  than  five  in  number, 
or  armed,  or  difguiied,  or  who  (hall  forcibly  refift  the  officers  of 
the  cuftoms  or  excife  in  feizing  run  goods,  (liall  be  guilty  of  fe- 
lony, and  tranfported  for  feven  years.     8  G\  c.  18.  /.  6. 

But  if  any  offender  fhall  in  two  months  after  his  offence,  and 
before  convidion,  difcover  his  accomplices,  I'o  as  two  or  more  be 
conviiSled  ;  he  fhall  have  a  reward  of  40  /.  if  the  value  of  the  run 
goods  exceed  50/.  and  fhall  be  acquitted.    /.  7. 

And  any  other  perfon  difcovering  any  one  offender,  in  three 
months,  fo  as  he  be  convicled,  fhall  have  in  like  manner  40  /. 
over  and  above  what  he  may  be  intitled  to  on  account  of  the  faid 
run  goods.    /.  8. 

And  by  the  9  G.  2.  f.  35.  Perfons  being  two  or  more  in  com- 
pany, who  fhall  be  found  paffing  within  five  miles  from  the  coafl, 
or  from  any  navigable  river,  with  one  or  more  horfes,  or  with 
any  cart  or  carriage,  whereon  there  fhall  be  laden  more  than  fix 
pounds  of  tea,  or  fpirituous  liquors  exceeding  five  gallons,  not 
having  paid  the  dutie?,  and  not  having  a  permit,  or  any  other 
foreign  goods  of  above  30  /.  value,  landed  without  entry  and 
payment  of  duties,  and  fhall  carry  any  offenfive  arms,  or  wear 
any  difguife,  or  fliall  forcibly  obllrufl,  or  refill:  any  officer  of  the 
cuiloms  or  excife  in  feizing  or  fecuring  any  prohibited,  uncu- 
ftomed,  or  run  goods,  or  other  execution  of  their  office,  fhall  be 
deemed  runners  of  foreign  goods,  within  the  meaning  of  the  faid 
adl  of  8  G.  c.  18.  altho'  no  proof  fhall  be  made  that  fuch  goods 
were  run,  or  had  not  been  entred  and  paid  duty  ;  but  the  proof 
of  fuch  entry  and  payment,  and  how  they  came  by  the  goods, 
Jhall  lie  on  fuch  perfons :  and  every  perfon  convicled  of  any  fuch 
offence,  fhall  be  guilty  of  felony,  and  tranfported  for  feven  years. 

-  And 


Cjccife  ant)  Cuftoms*  3  2  5 

And  all  the  goods  fo  found,  weapons,  horfes,  cattle,  carriages, 
and  their  furniture,  chcfts,  bags,  cades,  and  other  package,  (hall 
be  forfeited,    f.  \\. 

And  if  any  officer  or  other  perfon  fliall  Icfe  any  limb,  or  be 
otherwife  maimed  or  dangerouliy  wounded  by  any  offender  laft 
mentioned,  or  in  endeavouring  to  apprehend  him,  he  fhall  on 
the  convidlion  of  fuch  offender  have  a  reward  of  50/.  over  and 
above   any  other   reward   he   may  be    intided   to   by  this  aft. 

/IS- 

And  if  any  perfon  be  killed  in  endeavouring  to  apprehend  fuch 

offender,  his  executors  or  adminiftrators  (on  certificate  under  hand 
and  feal  of  the  judge  of  affize  for  the  county  where  the  fadt  was 
done,  or  of  the  two  next  juftices  of  the  peace,  of  fuch  perfon 
being  fo  killed)  fhall  have  50  /.  over  and  above  any  other  reward 
they  may  be  intitlcd  to  by  this  aft.    /  15. 

And  if  any  perfon  Ihall,  in  three  months  after  fi'ch  lafl;  mentioned 
offence  committed,  difcover  to  the  commiifiODers  of  the  cufloms 
or  excife,  any  offender  fo  as  he  be  convifted  ;  he  fhall  have  50  /. 
over  and  above  any  other  reward  he  may  be  intitled  to  by  any 
law.    /  16. 

And  the  commiflioners  of  the  cuO.oms  or  excife  fliall  caufe  the 
rewards  to  be  paid  out  of  the  faid  revenues,  on  producing  a  certifi- 
cate under  the  hand  of  the  judge  certifying  the  conviction,  or  on 
producing  fuch  certificate  of  the  perfon  being  killed  :  and  if  any 
difpute  fhall  arife  between  the  perfons  intitled  to  the  reward,  the 
fame  Ihall  be  adjufled  by  the  commiifioners.    /  17. 

21.  And  upon  information  on  oath  before  a  juflice  of  the  Apprehending 
peace,  that  any  perfons,  to  the  number  of  three  or  more,  are  or  riotous  imug- 
have  been  affembled,  to  be  aiding  in  the  clandefline  running, 
landing,  or  carrying  away  prohibited  and  uncuflomed  goods,  or  to 
refcue  them  after  feizure,  and  armed  with  fire  arms  or  other  of- 
fenfive  weapons ;  he  fhall  grant  his  warrant  to  the  conffables  and 
other  peace  officers,  requiring  them  to  take  to  their  affiftauce  as 
many  as  may  be  thought  neceifary  for  apprehending  fuch  perfons : 
and  he  may,  if  on  examination  he  find  caufe,  commit  them  to  the 
next  county  gaol,  there  to  remain  without  bail  or  mainprize,  until 
they  be  difcharged  by  due  courfe  of  law  :  and  fuch  perfons,  on 
conviftion  of  their  being  affembled  and  armed  as  aforefaid,  fhall 
be  adjudged  guilty  of  felony,  and  iranfported  for  feven  years. 
9G.  2.  c.  Y^.  f.  10. 

And  the  apprehender  for  every  perfcn  convifled  fhall  have  a 
reward  of  5c/.  immediately  after  conviftion  and  demand  made, 
tendring  a  certif.cate  under  the  hand  of  the  judge,  certifying  the 
conviftion,  and  that  he  was  taken  by  the  perfon  claiming  the  re* 
ward.    /  1 1. 

And  if  any  perfon  fhall  lofe  a  limb,  be  maimed,  or  dangeroufly 
wounded,  in  apprehending  or  endeavouring  to  apprehend,  or  pur- 
fuing  fuch  offender  ;  he  fhall  on  fuch  conviftion  have  a  reward  of 
50  /.  over  and  above  any  other  reward  that  he  fhall  be  intitled  to 
by  this  aft.    /  11. 

And  if  any  perfon  fhall  be  killed  in  taking,  or  endeavouring  xo 

lake  fuch  offender ;  his  executors  or  admiruilratois  \^'^  certificate 

y  3  under 


326  Cjccife  am  Cuftoms* 

under  the  hand  and  feal  of  the  judge  of  afnze  of  the  county  where 
the  faft  was  done,  or  of  the  two  next  juftices  of  the  peace,  of 
fuch  perfon  being  fo  killed)  fliall  have  a  reward  of  50/.  over  and 
above  any  other  reward  they  may  be  intitlcd  to  by  this  ad. 
/.  II. 

And  if  any  offender  fliall  in  three  months  after  his  offence,  and 
before  his  conviction,  difcover  two  or  more  accomplices,  to  the 
commiffioners  of  the  cuftoms  or  excife,  fo  as  two  be  convidted  j 
he  fh-iU  have  50/.  for  every  perfon  fo  convidted,  and  be  dis- 
charged of  his  offence.    /  i  2. 

The  faid  rewards  to  be  paid  as  in  the  lafi-  feflion. 
Smugglers  in-  22.  By  the  18  G.  2.  c.  28.     All  perfons,  who  before  Mny  i. 

demnified  for       174^.  have  incurred  any  penalty  for  running  of  goods  are  in- 
cffences  before    demnified.     But  if  any  perfon  having  been  guilty  ot  any  fuch  of- 
y   ■    ^^^'      fence,  for  which  he  is  liable  to  be  tranfported,  fhall  take  the  be- 
nefit of  this  aft,  and  afterwards  commit  any  the  like  offence  ;  he 
ihall  be  guilty  of  felony  without  benefit  of  clergy. 
Outlawed  fmug-       23    And  by  the  19  G.  2.  c.  34.   If  any  perfons,  to  the  num- 
glers.  ber  of  three  or  more,  armed  with  fire  arms  or  other  offenfive  wea- 

pons, Ihall  be  allembled  in  order  to  alfift  in  the  exportation  of 
goods  prohibited  to  be  exported,  or  in  running  any  prohibited  or 
uncuftomed  goods,  or  goods  liable  to  pay  duties  which  have  not 
been  paid,  or  in  relanding  goods  after  drawback,  or  in  refcuing 
the  fame  after  feizure,  or  in  refcuing  any  perfon  apprehended  for 
any  offence  made  felony  by  any  aft  relating  to  the  culloms  or  ex- 
cile,  or  in  preventing  his  being  apprehended  ;  or  if  any  perlon 
fhall  have  his  face  blacked,  or  wear  any  difguife,  when  paffing 
with  fuch  goods ;  or  fhall  forcibly  hinder  or  affault  any  ofBcer  in 
the  feizing  fuch  goods,  or  dangeroufly  wound  any  officer  attempt- 
ing to  go  on  board  any  veffel,  or  Ihoot  at  or  wound  him  when 
on  board  ;  he  ihall  be  guilty  of  felony  without  benefit  of  clergy. 

And  perfons  charged  with  any  the  faid  offences,  before  a  juftice 
pf  the  peace,  by  informaiicn  on  oath  of  one  or  more  credible 
perfons  to  be  fubfcribed  by  him  or  them,  the  juftice  fhall  forth- 
with certify  the  fame  under  his  hand  and  feal,  and  return  the  in- 
formation to  one  of  the  fecretaries  of  ffate,  who  fliall  lay  the  fame 
before  the  king  in  council;  who  may  thereon  make  his  order, 
commanding  the  offender  to  Surrender  in  40  days  after  the  firft 
publication  thereof  in  the  gazecte,  to  the  lord  chief  juftice,  or 
any  other  of  the  juftices  of  the  king's  bench,  or  to  fome  jnftice  of 
'  the  peace  who  thereon  fhall  commit  him  to  gaol,  to  anfwer  the 

charge  againft  him  according  to  due  courfe  of  law  :  Vv  hich  order 
the  clerks  of  the  privy  council  fliall  caufe  to  be  forthwith  pub- 
liQied  in  the  two  fucceffive  gazettes,  and  to  be  tranfniitted  to-  the 
fheriff  where  the  ofTence  was  committed;  who  fhall  in  14  days 
caufe  the  fame  to  be  proclaimed  between  ten  in  the  morning  and 
two  in  the  afternoon,  in  the  market  places,  on  the  market  days, 
of  two  market  towns  in  the  fame  county,  near  the  place  where 
the  offence  was  committed ;  and  a  copy  of  the  order  fn.U  be 
affixed  on  fome  publick  place  in  the  faid  towns:  And  it  <iich 
offender  fhall  not  Surrender  purfuant  to  fuch  orderj  or  effape  after 

funender^ 


eniit  atiD  Cusoms.  327 

fiirrender,    he    £hall  be  attainted  of  felony  without    benefit   of 
cjergy.    /.  z. 

And  if  any  perfon  after  the  time  appointed  for  furrender,  fhall 
knowingly  harbour  fuch  offender ;  he  fhall,  on  conviflion  within 
one  year,  be  guilty  of  felony,  and  tranfported  for  feven  years. 

/•  3- 

And  every  perfon  who  (hall  take,  or  difcover  fo  that  he  may  be 
taken,  any  perfon  fo  adveriifed  and  not  furrendring,  and  caufe 
him  to  be  brought  before  a  judge  of  the  king's  bench,  orjuflice 
of  the  peace  for  London  or  MlddLpx  (who  fhall  commit  him  to 
Nc'i'-gatc],  fhall  receive  50c/.  in  one  month  after  execution 
awarded,  from  the  commiffioners  of  the  cultoms  or  excife  refpec- 
tively  :  And  if  an  offender,  againft  whom  no  fuch  order  in  coun- 
cil (liall  have  been  made,  fhall  himfelf  fo  difcover  or  apprehend 
any  other  againft  whom  an  order  hath  been  made;  he  {hall  be 
acquitted  of  all  his  own  offences  for  which  no  profecution  is  then 
commenced,  and  fhall  alfo  have  his  fhare  of  the /ir^w/a;?/ ;  And 
if  any  perfon  fhall  be  maimed  or  grievoufly  wounded  in  appre- 
hending fuch  offender  ;  he  fhall  receive  50/.  over  and  above  fuch 
other  reward  as  he  may  have  as  apprehender  :  And  if  any  perfon 
{liall  be  killed  in  apprehending,  bis  executors  or  adminiftrators 
ihall  receive   100/.    /.  10. 

But  nothing  herein  (hall  prevent  minifters  of  juftice  from  taking 
fuch  offender  by  the  ordinary  courfe  of  law  ;  but  if  he  fhall  be 
taken  before  the  expiration  of  the  time  limited  for  his  lurrender, 
no  furdier  proceedings  fhall  be  had  upon  the  order  made  in  coun- 
cil, bat  the  offender  (hall  be  brought  to  trial  by  due  courfe  of  law. 

/4-        . 

And  if  any  offender,  before  order  for  his  furrender,  fhall  dif- 
cover two  or  more  accompl  ces,  ib  as  they  be  convicted  ;  he  fhall 
receive  50/.  for  each,  and  be  difcharged  of  all  offences  for  which 
no  profecution  fhail  be  then  coi^imenced.     f.  w. 

24.   If  any  perfons  paffmg  in  a  pubiick  and  avowed  manner.  Officers  may  op* 
with  prohibued  or  uncuflomed  goods,    and   armed  with    pillols,  pofe  force  with 
gun?,  cutlaffes,  or  other  offenfive  weapons,  fhall  moleft  or  refift^*^"^* 
tiie  officers  of  the  culloms  or  excife,   endeavouring  to  feize  the 
fame,  by  beating,  maiming,  or  wounding  them,    or  any  perfon 
affuting  them  ;    tney  may  oppofe  force  with  force  :    and  if  any 
ptrfon  fo  refilling  the  officers  be  wounded,  maimed,  or  killed  ; 
fuch  ofHcers,  or  perfons  affifting  them  in  their  defence,  may  plead 
the  general  iliue,  and  give  this  adl  and  the  fpecial  matter  in  evi- 
jdence;  and  ail  juftices  of  the  peace,    and  others,    before  whom 
they  (lull  be  brought,  (hall  admit  them  to  bail.     9  G.  2.  c.  35, 

/  35- 

2,.  By  the   13  ^  14  C.  2.  c.  II.    Where  any  officer  of  the  Dangeroufly 
.cuftoms  ihall  be  by  any  perfon  armed  with  club  or  any  manner ''""^"g  ?"  °^* 
jof    weapon,    forcibly  hindred,     affronted,     abufed,    beaten,    or  *^°'''  ^'"^''^^*     ■ 
^wounded,  to  the  hazard  of  their  lives,  cither  on  board  any  fliip, 
or  on  the  land  or  water  in  execution  of  their  ofiice  ;  every  per- 
fon fo  abufing  any  fuch  officer  or  his  deputy,  or  fuch  as  (hall  adl 
-  in  his  aid  or  alfillance,  fliail  by  the  next  jultice  or  other  magiArate 
fee  committed  to  prifon  to  the  next  quarcer  fefiioas ;  and  the  faid 
vr    *:  y  4  feiljQns 


328  €)cciTe  anu  Cttftoms* 

feflions  (hall  punifh  him  by  fine,  not  exceeding  loo  /.  and  the  of- 
fender to  remain  in  prifon,  till  he  be  difcbarged  by  order  of  the 
exchequer  both  of  the  fine  and  of  the  imprifonment,  or  discover 
the  perfon  that  fet  him  on  work,  f.  6. 
By  eight  ormorc,  26.  And  by  the  6G.  c.  z\.  If  any  officer  of  the  cuftoms  be 
tran  portation.  forcibly  hindred,  wounded,  or  beaten,  in  the  due  execution  of 
his  office,  by  any  perfons  armed  with  any  manner  of  weapon, 
lumultuoufly  aiTembled  by  day  or  night,  to  the  number  of  eight  or 
more ;  the  offenders  Ihall  be  tranfported  for  any  term  not  exceed- 
ing feven  years.    /  34,  35. 

And  if  any  offender  fhall  in  two  months  after  his  offence,  and 
before  convidlion,  difcover  his  accomplices  fo  as  two  be  con- 
victed, he  fhall  have  40  /.  reward  for  each,  and  be  acquitted. 
/.  36. 

And  if  any  other  perfon  fhall  in  three  months  difcover  any  offen- 
der fo  as  he  be  convided,  he  fhall  have  40/.  over  and  above  any 
other  reward  on  account  of  the  run  goods.    /■  Z7' 

The  fame  to  be  paid  by  the  receiver  general,  or  cafhier  of  the 
cufloms,  on  producing  the  judge's  certificate.    /  38. 
Oppofed on  ftiip-       27.  And   by  the  9  G.  2.   f.  35.  more  generally  it  is  enaflcd, 
board,  tranipoi-  ^\^2Lt  if  any  ofiicer  of  the  cufloms  or  excife,  being  on  board  any 
ta  ion.  j^^jp^  j^g  forcibly   hindred,  wounded,  or  beaten,  in  execution  of 

his  oflice,  either  by  day  or  night  j  the  offender  fhall  be  tranfported 
for  feven  years.    /  28. 
Hundred  fliall  28.  And  by  the  19  G.  2.  c.  34.  /  6.  If  any  officer  or  other 

anjwei  damages,  perfon  employed  in  feizing  any  goods  forfeited  for  being  prohi- 
bited or  uncullomed,  or  for  not  having  paid  duty,  or  by  virtue  of 
any  law  to  prevent  the  exportation  of  goods,  or  in  endeavouring 
to  apprehend  offenders  againfl  this  aiTt,  fhall  be  beaten  or  killed,  or 
the  goods  feized  be  refcued  ;  the  hundred  fhall  anfwer  damages, 
and  alfo  pay  100/.  to  the  executors  or  adminiftrators  of  fuch  per- 
fon killed,  fo  as  the  fum  for  beating  exceed  not  40  /.  nor  for  the 
lofs  of  goods  200/.  to  be  recovered  and  levied  as  in  cafes  of  rob- 
bery by  the  8  G.  2. 

But  no  perfon  fhall  recover  damages  for  fuch  beating  or  lofs  of 
goods,  unlcfs  he  give  notice  in  four  days  to  two  inhabitants  near, 
and  in  eight  days  make  oath  before  a  juflice,  whether  he  knew  any 
of  the  perfons  concerned,  and  if  he  did,  he  fhall  be  bound  over 
to  profecute  ;  and  unlefs,  bcfides  the  faid  notice  and  recognizance, 
he  give  fuch  alfo  as  perfons  robbed  by  the  8  G.  2.  are  directed  to 
give.     id.  f.y. 

And  where  the  offender  fhall  be  convicted  in  fix  months,  the 
har-dred  fhall  not  be  liable.    /  S. 

Alfo  the  a6lion  againfl  the  hundred  mufl  be  commenced  within 

a  year.    /  9. 

Felonies  m  re!a-       29.  Offences  relating  to  the  cuftoms  or  excife,  made  felony  by 

tion  to  the  cu-    any  a£l,  may  be  tried  in  any  county  ;  but  the  attainder  ihall  work, 

fr'LTinL'"'      no  corruption  of  blood,  lofs  of  dower,    or  forfeiture  of   lands. 

19  G.  2.  c.  34  /  5, 


tried  in  any 
<:ounty. 


n.  Of 


C]CCl[ft  in  general.  329 

II.  Of  the  exclfe  in  general. 

1.  One  principal  head  office  of  excife  fliall  be  kept  in  Lnndon,  Wcad  office,  a;iij 
or  within  ten  miles  thereof,  to  which  all  other  offices  in  the  king-  commuTicncrs. 
dom  fhall  be  fubordinate  and  accountable ;  which  faid  offi.ce  fnall 

be  managed  by  fuch  commiffioners  as  the  king  fliall  appoint. 
12  C.  2.  c.  24.  /  46.      5  W.  c.  20.  /.  16. 

2.  And  all  places  within  the  bills  of  mortality  fhall  be  under  the  Subcommil^ 
immediate  care  and  management  of  the  faid  head  office;  and  fuch,  doners, 
and  id  many  fubordinate  commiffioners,  and  iubcommiffioners,  and 

other  officers  fhall  be  appointed  by  the  king  in  other  places, 
as  he  fhall  think  fit.      12  C.  2.  c.  24.  /.  48. 

3.  And  the  excife  office  in  all  places  where  it  fhall  be  appointed,  Office  when  to 
(hall  be  kept  open  from  eight  in  the  morning,  till  two  in  tlie  af-         ?^  ^P^""" 
ternoon.     23  G.  2.  c.  26.  f.  12. 

4.  And  the  commiffioners  or  fubcommiilioners  fhall  appoint  un-  Office  in  market 
der  their  hands  and  feals,  fuch  perfons  as  they  fhall  think  needful  ^o^ns. 

in  each  market  town,  to  be  there  upon  every  market  day,  in  fome 
known  and  publick  place,  for  receiving  entries  and  duties,  and 
performing  all  other  things  touching  the  revenue  of  excife:  And 
if  fuch  office  fhall  not  be  (o  kept  in  each  market  town,  the  com- 
miffioners or  others  neglefting  or  refufing,  fliall  for  tMtry  market 
day  forfeit  10  A  And  fuch  perfon  as  fliall  come  to  fuch  market 
town  to  make  his  entry  or  payment,  and  tender  the  fame  accord- 
ingly, and  be  able  to  prove  fuch  tender  by  oath  of  one  witnefs, 
Ihall  not  be  liable  to  any  penalty  for  fuch  weekly  or  monthly  en- 
tries or  payments,  as  fhould  have  been  made  or  paid  on  fjch  mar- 
ket day.      15  C.  2.  c.  \\.  f.  10. 

5.  The  commiffioners  or  fubcommiffioners  in  their  refpeftive  Qg-gfj^ 
circuits  and  divifions,  fhall  conflitute  under  their  hands  and  feals, 

fuch  and  fo  many  gagers  as  they  fhall  find  needful.  izC.  2. 
c.  24./  33. 

6.  No  perfon  fhall  be  capable  of  intermeddling  with  any  office  OfHcer's oath, 
relating  to  the  excife,  until  he  fhall  before  two  juilices  in  the 

county  where  his  employment  fliall  be,  or  before  a  barcn  of  the 
exchequer,  take  the  oaths  of  allegiance,  fupremacy  (and  abjara- 
jion),  together  with  this  oath  following ; 

You  Jhall  fn.\jear  to  execute  the  office  of————  truly  and  faith' 
fully,  ^without  favour  or  cffcciion,  and  Jhall  frotn  time  to  time  true 
account  make  and  deti-ver  to  fuch  pofojj  and  perfons  as  his  majfy 
Jhall  appoint  to  receive  the  fame,  and  fliall  take  no  fee  or  reixiard  fr 
the  execution  of  the  faid  ofice,  from  any  other  perfon  than  from  his 
Tnajefty,  or  thofe  i.\:hom  his  majify  Jhall  appoint  in  that  hchaf. 
12  C.   2.    C.   24.    f.  47. 

And  the  jaftices  fliall  certify  the  taking  of  fuch  oath,  to  the 
next  quarter  feffions,  there  to  be  recorded.    /  48. 

And  the  officer  fhall  alfo  enter  a  certificate  thereof  with  the 
auditor  of  the  excife:  And  if  any  fuch  perfon  fliall  ad  before 
Jie  hath  taken  the  faid  oaths,  and  entred  his  ceriiiicate  with  tbe 

auditor 


330  CjCClft  in  general. 

auditor  aforefaid,  he  fliall  forfeit  50/.  a  month.  15  C  2.  e.  tx. 
f.  27. 
Penalties  by  the  7-  I"  the  ad  of  the  24  G.  2.  f.  40.  There  is  a  general  claufe, 
excife  laws.  which  has  a  controlling  influence  on  all  that  hereafter  follows  in 
this  large, title;  which  is  this:  All  fines,  penalties,  and  forfeitunSf 
impofid  by  this  or  any  other  acl  relating  to  the  duties  of  excife,  or 
other  duties  under  the  manage imnt  of  the  cotKviifJioners  of  excife,  f jail 
he  fued  for,  h'vied,  reccvend,  or  mitigated  by  fuch  ofays  and  means  as 
any  fine,  penalty,  or  forfeiture  is  or  may  he  reco<vered  or  mitigated  hy 
any  laiv  or  laivs  of  excife,  or  in  the  courts  at  Weftminfter,  and 
fhall  he  haf  to  the  king,  and  half  to  him  that  frail  inform  or  fue. 

f-  33- 

By  two  iuftices.  2.  That  is  to  fay,  Jf  it  is  ixithin  the  limits  of  the  chirf  ofiice  in 
London,  thty  fi:all  be  determined  by  the  commifiioners  (or  any  three 
of  thctn,  2  G.  2.  ft.  2.  c.  16.  f.  4,  5.)  or,  in  cafe  of  appeals,  by 
the  commiffioncrs  of  appeals :  in  all  other  places,  thty  jhali  be  heard 
and  determined  by  any  t'wo  or  more  juftices  of  the  peace,  rcfiding  near 
to  the  place  'where  fuch  forfeitures  fhall  be  made,  or  offence  comniit- 
ted :  And  in  cafe  cf  neghci  or  refufal  of  fuch  juflices  by  the  f pace  of 
Ij^.  d  ys  next  after  complaint  made,  and  notice  thereof  given  to  the 
offendir',  then  the  fubccmmifiioners  may  hear  atid  determine  the  fame  ; 
ji'nd  if  the  party  find  himflf  aggrieved  by  the  judgment  gi-vcn  by 
the  faid  fuhcommifiiamrs,  he  may  appeal  to  the  next  quarter  fcffons, 
Hjohofe  judg nnnt  therein  fhall  be  final.  Which  jaid  comniiffiomrs  for 
appeals,  and  chief  commifponers  for  excife,  and  ell  jujl ices  of  the 
feace,  and  fubcoMmiJfi^ners  aforefid,  are  required  upon  aiy  complaijtt 
tr  information  exhibited  and  brought,  of  any  fuck  forfeiture  made  or 
offence  committed,  to  fufnmon  the  party  accujed,  and  upon  his  appear- 
ance or  contempt  to  proceed  to  the  examination  of  the  fa£i,  and  on  due 
proof  madi  thereof,  either  by  the  'voluntary  conftffion  cf  the  pariy^ 
tr  by  the  oath  cf  one  credible  'vcitnefs,  to  give  judgment  or  fentencc, 
and  to  iffue  njoarjants  under  their  hands,  for  levying  the  fame  on  the 
goods  and  chattels  of  the  offender,  and  to  cauj'c  fale  to  be  made  there' 
of,  if  not  redeemed  in  1 4  dei-:;. ;  and  fir  vjant  of  fiffcient  diftrtfs^ 
to  imprifon  the  party  offending  till  fat  is  fusion  be  made,  I  2  C.  2, 
C.  24.   f.  45. 

Refiding  near"]  Mr.  Sha=w,  who  feems  to  have  taken  fome  pains 
on  this  article  (and  after  whom  Mr.  Barlonv  hath  copied  without 
owning  it)  faith  hereupon,  that  where  the  next  juftices  are  im- 
powered  to  proceed  in  any  matter,  they  and  no  other  ought  in 
fuch  cafe  toad;  but  where  it  is  only  direded,  Uiat  the  jurtices 
refiding  near  fliall  do  fuch  a  thing,  thofe  wordi  are  not  reftrid^ive, 
but  only  directory,  and  any  juftices,  altho'  not  the  next  juftices, 
may  proceed  therein.      Shanv  Exc. 

But  where  the  ai5t  fays,  that  awv  tivo  jufices  refiding  near  to  the 
place  where  the  forfeiture  fliall  be  made,  or  the  OiTence  commit- 
ted, fliall  hear  and  determine  the  matter,  it  doth  not  intend  that 
the  j  iftices  of  a  county  at  large,  dwelling  near  to  a  town  corpo- 
rate, which  hath  juftices  of  its  own,  and  an  exclufive  charter,  fhall 
have  power  to  intermeddle  with  regard  to  offences  committed 
within  fuch  town  corporate ;    but  only  to  veil  the  jurifdidion  in 

jailicea 


€%Ciit  in  general.  531 

juftices  of  counties,  cities,  and  places,  with  refpefl  to  their  local 
jurifdidions  within  fuch  places.  T.  14(7'.  2.  1  albot  i:^d  Hubble. 
Sir.  1154. 

Upot  anv  complaint  or  infjrmation  exhibited'^  By  thefe  words  it  ts 
not  neceflary  that  the  information  be  exhibited  r"«  writing;  but  if 
it  is  a  verbal  information,  the  j-jftxes  ought  to  make  a  record  there- 
of, and  of  the  time  and  place,  when  and  where  exhibited,  which 
mull  be  expi  eiTed  in  the  prefent,  and  not  in  the  time  paft :  But  to 
fave  the  jultices  that  trouble,  it  is  ufual  for  the  informer  to  prepare 
his  information  in  writing ;  and  by  way  of  preface  thereto,  to 
make  a  memorandum  of  the  time  and  place  of  the  laying  fuch  in- 
formation, leaving  therein  blanks  for  the  names  of  the  jultices,  and 
the  day  and  month  and  year  and  place  when  and  where  laid;  and 
when  thofe  bknks  are  filled  up  by  direction  or  confent  of  the  ju- 
flices,  then  it  becomes  a  record  made  by  them.  The  mentioning 
the  place  where  the  information  is  laid,  is,  tliat  it  may  appear  that 
the  profecution  was  in  the  proper  county;  and  therefore  tho'  it  may 
happen,  that  for  laying  ihe  information,  the  profecutor  may  be 
obliged  to  attend  one  juftice  in  one  town,  and  another  juftice  in 
another  town,  it  muft  not  be  mentioned,  that  the  information  was 
laid  at  both  towns,  for  that  would  be  abfurd  ;  but  in  fuch  cafes  it 
is  ufual  to  exprefs  that  the  information  is  laid  at  the  town  where 
the  hearing  is  intended  to  be.     Shai.v  Exc. 

Proceed  to  the  examiftathn  cf  the  faB'\  And  by  the  9  G.  2. 
c.  35.  it  is  enacted,  that  in  trials  of  feizures,  the  juftices  (hall  pro- 
ceed to  the  merits  of  the  caufe,  without  inquiring  into  the  form  or 
manner  of  feizure.    /  34. 

Cfve  judgmei^i^  Altho'  it  hath  been  faid,  that  whatever  is  re» 
corded  by  the  juftices  or  their  order,  ought  to  be  exprefled  in 
words  of  the  prefent  time  and  tenfe;  yet  that  doth  not  make  it 
neceflary,  nor  is  it  indeed  practicable,  that  all  that  is  to  be  fo  en- 
tred  fhojld  adually  be  er.tred  at  the  inftant  of  time  when  fuch  judg- 
ment is  given  ;  for  fuch  entring  the  whole  at  that  time  would  hin- 
der the  aifpatch  of  bufinefs,  and  delay  the  hearing  of  caufes,  and 
therefore  may  be  done  at  any  convenient  time  after ;  which  if  it 
be  agreeable  with,  and  according  to  ft-'ch  (hort  minutes  or  notes 
as  are  then  taken  by  fuch  juftices,  it  will  be  as  authentick  as  if  it 
had  been  entred  at  the  inftant  of  time  in  which  fuch  order  was 
made,  or  judgment  was  given.     Sha^joExc. 

And  to  ijff'ue  nvarrants  under  their  hands^  Although  it  is  here 
only  direfted,  that  the  warrant  fliall  be  under  the  hands  of  the  ju- 
flices;  yet  fmce  it  is  general'y  implied  in  all  warrants,  that  they 
-  be  both  under  hand  and  ftal,  it  is  (afe  at  lead:,  if  not  necef- 
fary  that  this  warrant  aifo  amongft  the  reft,  be  both  f^gned  and 
fealed. 

And  to  cavfe  fale  to  be  made  thereof  if  not  redeemed  in  14  da^s'X 
But  by  the  27  G.  2.  c.  20.   the  juftices  may  not  order  the  diftrefs  . 

to  be  detained  more  than  c'ght  days,  ncr  lels  than  four. 

Tor 


332  €Xtitt  in  general 

For  nvant  cf  fufkient  dijlrefs]  Mr.  Shaixj  and  Mr.  Barlon.v  are 
of  opinian,  that  where  there  are  fome  goods,  but  not  fufiicient 
for  latisfying  the  judgment,  yet  thofe  goods  may  be  applied  for 
that  purpofe  fo  far  as  they  {hall  extend,  and  the  defendant  fhali  be 
impnfoned  for  the  refidue  ;  which  rcay  feem  hard  fometimes, 
when  the  defendant  fliall  perhaps  fatiffy  nearly  the  whole  fum, 
and  moreover  be  imprifoned  as  much  as  if  he  had  paid  nothing  ; 
and  it  hath  been  adjudged  in  other  cafes,  that  a  man  (hall  not  firft 
pay  part,  and  then  be  imprifoned  for  the  refidue,  but  fhall  either 
pay  the  whole,  or  be  imprifoned  for  the  whole :  but  perhaps  the 
tliftindtion  may  be  this ;  where  there  is  a  limited  time  of  impri- 
fonment,  as  for  inftance  three  months,  there  the  defendant  fhall 
not  pay  part,  and  then  be  imprifoned  the  whole  three  months, 
which  would  be  to  puiii;h  him  both  ways;  but  where  the  impri- 
fonment  is  till  the  penalty  fhall  be  paid,  there  the  payment  of  the 
penalty  is  the  thing  chit  fly  regarded,  and  the  imprifonment  is  not 
intended  as  a  punifhnienr,  but  as  a  mean  to  compel  the  payment  of 
the  penalty,  and  if  part  of  it  is  paid  already,  the  inlargement  may 
come  the  fooner,  by  payment  of  the  refidte. 

hnprifon  the  party  till  fatjsfc8ion  he  made]  But  before  any 
warrant  can  be  made  to  arreft  and  imprifon  the  perfon  of  the 
defendant,  there  m'.Ul  be  firil  a  warrant  to  feize  the  utenfils  in 
cuftody  of  fuch  oflender,  and  the  offender's  goods ;  and  that  war- 
rant murt  be  returned  :  all  which  niuft  be  done,  before  any  war- 
rant can  be  regularly  made,  to  arrefl  and  imprifon  the  defendant's 
perfon.  Which  method  ought  to  be  obferved,  tho'  perhaps  it 
may  be  well  known  by,  or  fufnciently  proved  before  the  juflices, 
that  all  the  utenfils  and  all  the  defendant's  goods  are  carried  off; 
for  the  law  being  in  all  cafes  very  tender  of  depriving  men  of 
their  liberty,  it  is  necelTary  that  all  pollible  means  fhould  be  ufed 
to  levy  the  money  on  fuch  goods,  before  the  perfon  of  the  defen- 
dant be  imprifoned.  But  if  a  vvarrant  to  feize  the  utenfils  and 
the  good?,  be  made  and  delivered  to  an  ofHcer  to  be  executed ; 
and  if  fuch  ofRcer,  having  made  diligent  fearch,  cannot  find  any 
fuch,  then  a  warrant  may  be  made  to  arretl  and  imprifon  the  per- 
fon of  the  defendant.  But  then  there  ought  to  be  a  duplicate 
made  of  fuch  warrant ;  becaufe  the  keeper  of  the  prifon  cannot 
regularly  receive  the  orfeiider  without  a  warrant  ,  and  the  officer 
ought  alfo  to  have  and  keep  a  warrant  for  his  own  jultification. 
Shaiv  Exr. 
t  •  „  „-t        9-  By  the  7  iff  2  IV.  c.  io.     The  commiflioners  and  juftices 

neflcs.  ^^Y  fiimiTion  vvitnelie%  to  appear  before  them  at  a  certain  day, 

time,  and  place,  to  be  iiierted  in  fuch  fummons,  anJ  to  give 
evidence;  and  in  cafe  of  iiegleft  or  refufal  to  appear,  or  if  upon 
appearance  any  fliall  refufe  to  give  evidence,  he  lliall  forfeit  lo/. 
/  24. 

^rn  .  ■  ,         10.   If  upon    trial,    any  queftion   fhall  arife,    concerning  the 

Officer  on  trial  .  .'_'.'    .A  .         '  ^        °    . 

nc  d  not  produce  keeping  ot  any  office  ot  excile,  or  concerning  any  perions  being 

his  conunuTio;i.    an  oHicer ;  proof  fliall  be  admitted  of  the  adlual  keeping  of  fuch 

office,  ui  of  i'ach  pcrfon'i  actual!/  exercifiig  fuch  ofiice,  without 

proving 


I 


I 


I 

I 


€]CC(Ce  in  general.  333 

proving  or  producing  the  commifTion.  6  G.  f.  21.  y?  24.  1  i,G. 
c.  30.  /.  32. 

11.  If  on  trial  any  difpute  fhall  anfe,  whether  the  excife  or  Picof  to  lie  on 
other  inland  duties  have  been  paid  for  any  foreign  goods  feized;  the  owner.. 
the  proof  fhall  lie  on  the  owner,  and  not  on  the  officer.      1 2  G. 

c.  28./  8. 

1 2.  One  or  more  juftices  ftiall  have  power  to  adtninifter  an  oath  Sworn  valuers, 
to  any  perfon  fkilled  in  the  value  of  goods,  velTels,  or  carriages, 
mentioned  to  have  been  feized  in  any  information  exhibited  be- 
fore the  juftices,  to  view  the  fame,  and  make  return  of  the  fpecies, 

quantity,  and  value;  and  after  condeinnation,  the  faid  goods 
ihail  be  fold  where  the  commillioners  fhall  think  proper.  12  G. 
f.  28.  /  16. 

13.  The  jujiices,    ccmm'JJtoners,    or  fuhcommiffiorurs   r£/^'£V??/-xr/)',  Mitigation, 
nuhere   thty  Jhall  fee  caufe,  f.nay  mitigate,  compound,  or   Icjfin  the 

forfeiture,  penalty,  or  fine ;  Jo  as  the  fume  he  not  made  lefs  than 
double  the  'value  of  the  duty  of  excif.  •vjkkk  aught  to  hwve  keen  paid, 
h,fid:s  the  reafonahle  cojh  at^d  charges  of  fuch  cj^cers,  or  others,  as 
'Were  employed  therein,  to  be  to  thtm  alk'UJtd  by  the  faid  jufiices, 
12  C.   2.    C.  24.    f.  46. 

Llitigste]  But  it  is  not  neceffiry  in  the  mitigation,  to  mention 
or  diltinguifn  fo  much  for  the  offence,  and  (o  much  for  tlie 
charges;  but  after  the  jultices  have  agreed  what  fnms  to  allow  for 
the  charges,  the  beft  way  will  be  to  add  thofe  two  fums  together, 
and  make  their  mitigation  to  fuch  fum,  as  both  when  added  to- 
gether do  amount  unto  :  as  fuppofe  the  juftices  do  intend,  that  the 
defendant  fhall  pay  10  /.  for  the  offence,  and  40  i.  for  the  charges, 
the  bell  way  will  be  to  make  their  mitigation  to  12/.  without  par- 
ticularly mentioning  that  10/.  thereof  is  for  the  offence,  and  that 
the  40  s.  is  for  the  charges ;  for  in  all  cafes  it  is  wrong  to  infert 
in  judgments  more  words  or  particulars  than  are  neceffary  ;  and  it 
is  more  particularly  wrong  in  thefe  cafes,  becaufe  the  mentioning 
fuch  unneceffary  particulais  may  give  a  handle  for  cavils  and  dil- 
putes.     Shaiu  Exc. 

Cofis  and  charges']  Generally,  the  law  doth  not  allow  any  cofls 
or  charges  to  be  recovered  on  any  penal  law  ;  and  therefore  to  in- 
title  the  profecutor  to  cofts,  over  and  above  the  penalty,  exprefs 
words  for  that  purpofe  are  neceflary  in  an  act  of  pa:l;ament. 
Sha-Tv  Exc.  But  by  the  27  G.  2.  c.  20.  the  conflable  out  of  the 
money  arifing  from  the  fale  of  the  diitrefs,  may  detain  his  reafon- 
able  charges  of  taking,  keeping,  and  felling  the  fame. 

14.  I'here  is  no  appeal  direfted  in  the  faid  ftatute  of  i  2  C.  2.  a„,„] 
from  judgments  given  by  the  juftices  of  the  peace;  for  whereus^  it 
is  enacted,  in  the  faid  flatate,  that  if  the  party  find  himflf  ag- 
grictjed  by  the  judgment  gi'ven  Ly  the  fubcommifjiontrs,  he  m:y  ap- 
peal to  the  7uxt  quarter  Jeffiuns,  thefe  words,  not  being  general, 
or  fuch  as  may  be  applied  equally,  as  well  to  the  judgments  given 
by  the  jultices,  as  to  judgments  given  by  fubcomniifHoners,  they 
muft  be  underftood  as  limitted  and  rellrained  to  fuch  judgments  1 

only  as  are  given  by  fubcommiilioners,  in  whom  the  parliament  (it 
fcernsl  did  not  fo  intirely  confide  as  in  the  j  luces,  but  have  made 


33^ 


€XCitt  in  i^eneral. 


the  sforementioned  diftinftion  between  the  judgmert  of  the  one 
and  of  the  other;  which  muft  be  obfirrved  and  purfued :  And 
therefore,  generally,  there  lies  no  appeal  to  the  quarter  feflions 
from  the  judgment  given  by  the  jurtices,  in  matters  relating  to  the 
excife.      ^hawu  Exc. 

Neverthelefb,  in  fome  particular  inftances,  fuch  power  is  given 
by  fablequent  flatutes ;  which  will  be  mentioned  under  the  fpecial 
heads  in  this  tirle  hereafrer  following. 

By  the  15  C.  2.  c  i\.  No  appeal  in  any  caufe  of  excife  (hall 
be  admitted,  till  the  appellant  hath  depofited  the  fingle  duty  with 
the  commiihoners  or  fubcommifiioners,  and  given  fecuriiy  to  the 
commiiFioners  of  appeal,  or  juftices  of  the  peace,  where  the  caufe 
is  to  be  finally  adjudged,  for  fuch  forfeiture  as  was  adjudged  againft 
him  ;  and  if  upon  appeal  the  judgment  be  reverfed,  they  fliall  re- 
flore  the  duty  fo  depofited,  or  fo  much  thereof  as  (hall  be  adjudged 
on  the  appeal  j  and  the  party  originally  profecuting  fhall  pjy  dou- 
ble cofts ,  but  if  the  judgment  be  affirmed,  the  party  appealing 
fliall  pay  the  like  colb  to  the  commiffioners.     /  19. 

And  by  the  fame  ftatute,  all  differences  and  appeals  about  the 
excife,  fhall  be  heard  in  the  proper  county,  and  not  elfev.here. 
f.  22. 

And  by  the  fame  flatute,  appeals  within  Lomlon,  and  the  limits 
thereof,  fhall  be  witnin  two  months  after  judgment,  and  notice 
given  or  left  at  the  dwelling  houfe  of  the  party ;  in  all  other 
places,  in  four  months,  and  not  ctherwife. 

11^.  It  is  generaHy  provided  by  divers  flatutes,  that  no  certiorari 
ihall  be  allowed  to  fupsrfede  the  juflices  proceedings,  i  2  C.  2. 
c.  24.  /  50.     22  iff  23  C.  2.  c.  5.  y?  14.     6  G.  c.  21.  /  22. 

16.  Perfons  fued  for  any  thing  done  on  any  aft  relating  to  the 

excife,  or  other  duties  under  the  management  of  the  commiflioners 

of  excife,  may  plead  the  general  iilue ;   and   have   treble  colls. 

18  G.  2.  c.  26.  /.  I  5. 

Felcnies  relating       '•l-  OfFenccs  relating  to  the  excife  made  felony  by  any  aft,  may 

to  the  excife,       be  tried  in  any  county  ;  but  the  attainder  fhall  work  no  corruption 

vhcre  to  be         of  blood.  Or  forfeiture  of  lands,      19  G.  2.  c.  34.  /  5. 

*'^'*'  *  18.  Any  alehoufekeeper  harbouring  an  abfconded  perfon,  sgainft 

ha'rtru"rin*^of-"  ^^^"^  ^  procefs  of  arreft  hath  ifTued,  for  any  offence  againll  the 

lenders.  l&ws  of  excife  or  of  the  cultoms,  after  fix  days  notice  of  fuch  ab- 

fconding  in  two  fucceffive  gazettes,  and  writing  fixed  on  the  door 

of  the  parifh  church  where  he  lall:  dwelt,  fhall  forfeit  100/.  and 

have  no  licence  for  the  future.     9  G.  2.   <:.  35.  /  30,  31. 

Landing  foreign        1 9.   No  foreign  liquors,    for  which  excife  ought  to  be  paid, 

erciial>!e  liquors   fhall  be  landed,  before  entry  made  with  the  offxer  or  colleftor  of 

bctoreduty  paid,  g^cife,  or  before  the  excife  Ihal!  be  paid  :  and  every  v.arrant  from 

any  officer  of  the  cuiloms,  for  landing  fuch  foreign  liquors,  fhall 

be  figned  by  the  officer  or  colleftor  of  excife  in  the  port;    on 

pain  that  the  liquors  landed  otherwife,  or  the  value  thereof,  fhall 

be  forfeited,  to  be  recovered  of  the  importer  or  proprietor.  22  ^ 

23  C  2.  c.  5.  /.  9.   ' 

Excifable  liquors       20.  No  perlon  bringing  any  excifable  liquor?  (except  beer,  ale, 

earned  wall  wife,  cyder,  perry,    and   metheglin)   into   any  place  by  coall  cocquet, 

uanfire,  or  certificate,  nOr  any  perfon  to  whom  the  fame  fhall 

be 


Certiorari. 


Treble  cofts. 


CjCClte  in  general.  335 

be  configned,  fhall  land  the  fame,  without  being  entred  with  the 
officer  of  excife  where  landed  ;  on  pain  of  double  value,  15  C.  2. 
c.  II.  f.  18. 

21.  If  any  perfon  fliall  conceal,  or  fuffer  to  be  concealed,  any  Concealing  ex- 
goods  liable  to  the  duties  of  excife  and  inland  duties;  he  (hall  ciiable  goods, 
(whether  he  claims  any  intereft  in  them  or  not)  forfeit  the  fame, 

and  treble  value.      \i  G.  c.  30.  /.  16. 

22.  If  on  lequeft  made  by  any  officer  of  excife,  to  a  conftable  Conftable  to  be 
to  go  along  with  him,  and  to  be  prefent  at  the  doing  of  any  thing,  aiTifting. 

at  tne  doing  whereof  his  prefence  (hall  be  neceflary  by  any  fta- 
tute,  he  (hall  negledl  or  refufe  or  (hail  not  go  along  with  him,  and 
be  preferit  at  the  doing  thereof;  he  ihall  forfeit  20/,  11  G.  c.  30. 
/.  31. 

23.  If  any  perfon  (liall  oppofe,  moleft,  hinder,  or  obflrucl  any  Obftniftlng 
officer  of  excife,  in  the  due  execution  of  the  powers  given  him  officer, 

by  any  aft  relating  to  the  duties  of  excife;  he  Ihall  forfeit  10/. 
6G.  <r.  21.  /.  7. 

And  aftions  of  afTault  upon  any  officer  of  excife,  may  be  tried 
in  any  county.     9  G.  2.  c.  "i,^.  f  26. 

Further  penalties  for  obftrudling,  wounding,  or  killing  officers, 
in  the  cafe  of  run  goods,  have  been  inferted  before,  in  treating  of 
the  culloms. 

24.  If  any  officer  of  the  excife  or  cuftoms  (hall  deal  in  coffee,  officer  not  to  be 
tea,  brandy,  or  other  excifable  liquors ;  he  fhall  be  incapable  to  a  dealer. 

hold  any  office  in  the  revenue,  and  forfeit  50A    12  G.  c.  z%.  f.  7. 

25.  No  fvvorn  gager,  or  other  officer,  fhall  take  any  bribe,  for  officer  takir.g  a 
any  matter  relating  to  the  excife;  on  pain  of  10/.      15  C.  2.  bribe. 

c.  II.  /  16. 

And  a  further  penalty  upon  fuch  officer  is  inflisfled,  in  divers  in- 
ftances  hereafter  mentioned. 

And  by  the  1 1  G,  c.  30.  If  any  perfon  liable  to  the  duties 
of  excife,  or  any  other  duties  under  the  management  of  the  com- 
miffioners  of  excife,  fhall  give  or  oiler  to  any  officer  of  the  faid 
duties  any  bribe,  gratuity,  or  reward,  in  order  to  induce  him  to 
omit  his  duty,  or  to  do  contrary  to  it;   he  fhall  forfeit  500/. 

/•  40- 

26.  No  colledor,  fupervifor,  gager,  or  other  perfon  concerned  Officer  medc^Iiaj 
in  charging,  coliefting,  levying,  or  managing   the  duties  of  ex-  ineleftions, 
cife,  or  any  part  thereof,  fhall  by  w&*-d,  meffage,  or  writing,  or 

in  any  other  manner,  endeavour  to  perfuade  any  eleftor  to  give, 
or  difTuade  any  eleftor  from  giving,  his  vote  for  the  choice  of  a 
member  of  parliament  ;  on  pain  of  100  A  half  to  the  poor,  and 
half  to  him  who  fhall  fue  in  the  courts  at  W,ftminficr ;  and  more- 
over he  fhall  be  incapable  to  hold  any  office  of  truft  under  the 
king.     5  IV,  c.  20.  /.  48. 


III.  Of 


336  e%tik.     (Jle,   &c.) 

III.  Of  the  fcveral  goods  in  particular,  undef 
the  management  of"  the  commiffioners 
of  the  cuiloms  and  excife:  viz. 

^le,  her,' cyder,  perry,  mum,  methegltn,  mead,  fweets, 
verjuice,  aiid  vinegar;  candles;  coaches-,  coffee,  tea, 
and  chocolate  -,  glafs ;  heps ;  leather ;  linen  cloth  and 
filks ;  malt ;  paper ;  plate ;  [alt ;  [oap  ;  fpirituous 
liquors  ;  Jlarch  and  hair  powder ;  wire. 

I.  Ale,   leer,    cyder,  perry,    mum,   metheglin,   meady 

fweets,  verjuice,  vinegar. 

Duty  on  ale  and  I.  By  the  fever al  afls  relating  to  that  purpofe,  there  fliall  be 
beer  imported,     paid  by  the  importer  before  landing,  for  every  barrel  of  beer  or 

ale  imported,  in  the  whole  the  fum  of  1 8  j. 
On  home  ale  and      2 .  By  the  feveral  a£ls  there  (hail  be  paid  In  the  whole,  for  every 
^^«  barrel  of  beer  or  ale  above  6  s.  z  barrel,  brewed  by  the  common 

brewer,  or  any  other  perfon  who  fhall  fell  or  tap  out  beer  or  ale, 
the  fum  of  5  s.  and  for  Cv'ery  bairel  of  6  j.  a  barrel  or  under,  the 
fum  of  I  s.  t\.d. 
Duty  on  cyder  3.  For  every  tun  of  cyder  or  perry  imported  fhall  be   paid 

and  perry  im-  j  y /_  i^^^  ^^j  if  they  are  imported  by  foreigners,  they  Ihall 
^'^^  ^  '  pay  30  J.  more. 

Duty  on  cvt'er  4"  -And  by  fix  feveral  a£ts,  for  every  hogfhead  of  cyder  and 
and  perry  I'old  by  perry  fold  by  retail,  there  (hall  be  paid  by  the  retailer,  the  fum  of 
retail.  5^,  {^^_     ^nd  by  the  \zAn.Jl.  I.  c.  4.  4 J.  more,  to  be  paid  by 

the  firft  buyer  or  retailer,    f.  i. 

But  a  perfon  buying  for  his  own  private  ufe,  and  not  being  a 
dealer,  fhall  not  be  charged.     28  G.  2.  c.  z.  f.  19. 

And  if  they  be  ufed  for  dillilling  only,  they  fhall  not  be  charged 
with  the  faid  \5.     7,  G.  z.  c.  n.  f.  11. 

Note  J  Every  perfon  who  fliali  buy  any  cyder  or  perry,  or  any 
fruit  to  make  into  cyder  or  perry,  and  iliall  fell  any  of  the  cyder 
or  perry,  fhall  be  deemed  a  retailer,     id.  f.  2. 
Duty  on  mum.         5.  For  every  barrel  of  mum  imported  ihall  be  paid  the  fum  of 
25  J.     And  moreover  by  the  12  An.  ft.  i.  c.  2.  and  13  G.  c.  7. 
for  every  barrel  of  mum  made  or  imported,  over  and  above  all 
other  duties,  fhall  be  paid  by  the  maker  or  importer,   ioj. 
Dutyonmethc-       6.  For  eveiy  gallon  of  metheglin  or  mead,  fold  by  retail  or 
gl:n  and  mead,     otherwife,  fhall  be  paid  by  the  maker  li^d. 
Duty  on  fweets.        7-  for  every  barrel  of  liquor  made  for  fale,  by  ir.fuficn,  fer- 
mentation, or  otherwiic,  from  fruit  or  fugar,  mixed  or  unmixed 
with  other  ingredients,  commonly  called  fweets  or  made  wines, 
fhall  be  paid  12/.     10  G.  2.  c.  1  7.  /  z.     But  this  fhall  not  extend 
to  wines  made  of  Britijh  grapes,     f.  7. 
Dutyon verjuice.      ^-  ^'ej'Jice  m.ade  for  faie,  iTiali  pay  as  cyder  and  perry.     7  £s* 
8  //'.  c.  30.  /.  28. 

Q.  For 


I 


tmtt.    (Jle,  Sec)  33:7 

9.  For  every  tun  of  vinegar  imported  (hall  be  paid  1 3  /.  and  if  Duty  on  vinegar 
imported  by  ftrangers  30  j.  more.     And  by   the   18G.  2.  c.  g.  imported. 

8/.  more  for  French  vinegar,  and  other  vinegar  4/. 

10.  For  every  barrel  (at  34  gallons  to  the  barrel)  of  vinegar,  Duty  on  home 
vinegar  beer,  or  liquors  preparing  for  vinegar,  made  for  fale,  fhall  vinegar. 

be  paid  its.  \  d. 

Note;  This  (hall  extend  to  vinegar  made  for  pickles,  but  not 
to  vinegar  for  making  white  lead.      8  Jn.  r,  7.  /  4,  5. 

And  all  dale  beer,  returns  of  beer  or  ale,  cyder,  verjuice,  or 
any  other  liquors  proper  to  be  made  into  vinegar,  which  (hall  be 
found  in  the  pofl'effion  of  any  common  vinegar  maker,  (except  fuch 
as  are  to  be  drank  in  his  family,  and  which  (hall  be  kept  feparate 
for  that  purpofe)  ihall  be  deemed  vinegar,  or  liquors  preparing  for 
vinegar,      i  o  &"  1 1  W.  c.  z\.  f.  \\. 

1 1.  By  the  15  C.  2.  f.  1 1.    No  common  brewer,  innkeeper,  Notice  and  entry 
viftualler,  or  other  retailer  of  beer  or  ale,  (hall  without  firft  giving  of  veflels  and 
notice  at  the  next  office  of  excife,  or  to  the  commifTioners,  or  fub-  ?  ^"l.  ""^r"!!" 
commidioners,  or  one  or  them,  erect,  alter,  or  inlarge,  any  tun, 

fat,  back,  cooler,  or  copper,  and  make  ufe  thereof  for  brewing 
0r  making  any  beer,  ale,  or  worts;  on  pain  of  50/.  And  every 
other  perfon,  in  whofe  occupation  any  houfe,  outhoufe,  or  other 
place  (hall  be,  where  any  fuch  private  tun,  fat,  back,  cooler,  or 
copper  (hall  be  found,  (hall  alfo  forfeit  50/.  And  the  fame,  to- 
gether with  all  beer,  ale,  or  worts  therein,  (hall  be  taken  up, 
feized,  and  forfeited.    /.  i. 

And  by  the  8  Cs*  9  W.  c.  19.  If  any  common  brewer  (hall, 
without  notice  given  at  the  next  office  of  excife,  fet  up  any  tun, 
batch,  float,  cooler,  or  copper,  or  alter  and  enlarge  the  fame,  or^ 
Rave  any  of  them  private  or  concealed;  he  (hall  forfeit  200/. 
/  8. 

And  the  officer  of  excife,  in  the  day  time,  and  in  the  prefencef 
of  a  conftable,  where  he  (hall  have  juft  fufpicion,  that  any  private 
back,  tun,  or  other  concealed  ve(rel  or  receptacle  are  ufed  by  any 
brewer,  maker,  or  retailer  of  excifable  liquors,  on  requeft  firft 
made,  and  caufe  declared,  may  break  open  the  door,  or  any  part 
of  his  brewhoufe,  warehoufe,  or  other  room  in  his  po(reinon,  and 
enter,  and  break  up  the;  ground  in  fuch  houfe  Or  room,  or  ground 
near  adjoining  in  his  poffeffion,  to  fearch  for  fuch  back,  tun,  or 
other  vefTel,  or  any  pipe  or  conveyance  leading  thereto ;  and  if  ■  - 
he  finds  any  private  pipe  or  other  conveyance,  he  may  fearch  and 
follow  the  fame,  and  if  it  (hall  lead  into  any  ground,  houfe,  of 
I^ace  in  the  po(re(fion  of  any  other  perfon,  on  like  requefl:,  and 
with  a  conftable,  he  may  enter  the  fame,  and  break  open  the 
ground,  or  any  part  of  the  houfe  if  occafion  (hall  be,  to  folJo^i^^- 
fuch  private  pipe,  in  order  to  find  out  fuch  concealed  back,  tun,  '^'t:  • 
or  veflTel,  making  good  the  ground  or  houfe  fo  broken  op,  or  gi-  ' 
ving  reafonable  (atisfaAion  to  the  owner:  And  if  any  perl(Dn  (hall 
oppofe  fuch  officer,  he  (hall  forfeit  20/.  7^8  W.  c.  30.  /  27. 

And  if  any  'vinegar  maker  (hall  without  giving  fuch  notice,  uft 
any  ftorehoufe,  warehoufe,  cellar,  or  other  place  for  nJaking  ot 
keepmg  any  vinegar,  vinegar  beer,  or  liquors  preparing  for  vine- 
gar;  he  (hall  forfeit  50/,     lo  ^  1 1  ^^.  c  zi,  /.  14. 

•     Vox.    r.  Z  J;i 


338 


cjcctte.    (Jle,  &c.) 


rrnoilno  vii. 


Frivate  pipci. 


In  like  manner  the  maker  of  fivects  for  fale  (hall  firft  give 
fuch  notice,  of  his  name  and  place  of  abode,  and  of  the  rooms 
and  places  he  intends  to  ufe  for  making  or  keeping  of  fweets  or, 
-made  wines;  on  pain  of  20/.  10  G.  2.  c.  17.  /  4.  And  any 
pcrfon  who  fhall  fell  or  ufe  any  the  materials  abovementioned,  in 
making  of  wines,  and  in  whofe  cuftody  above  two  gallons  (hall  be. 
found,  (hall  be  deemed  a  maker  of  fweets  for  fale.  10^  11  W. 
c.zx.f.^. 

In  like  manner,  perfons  buying  fruit  to  make  into  cyder  or  perry 
for  fale,  (hall  make  entry  of  their   (lorehoufes,  cellars,  and  other 
places,  at  the   excife  office  within  the  di(trift ;  on  pain  of  50/.- 
28  G.  3.  c.  z.  f.  20. 

1 2.  No  common  brewer  fhall  keep  any  pipe  or  ftop  cock  under 
ground,  or  any  other  private  conveyance,  by  which  any  beer,, 
ale,_or  ^yorts  may  be  conveyed  from  one  tun  or  brewing  vefTel  to 
another,  or  into  any  other  place,  nor  (hall  have  any  hole  in  any- 
tun,  batch,  or  float,  by  which  any  beer,  ale,  or  worts  may  be 
conveyed  into  or  out  of  the  fame;  on  pain  of  100/.  805*9  ^^'^ 
c.  19.  /  4. 

And  the  excife  ofticer  in  the  day  time,  and  in  prefence  of  a 
conilable,  on  requeft  made,  and  caufe  declared,  may  break  up  the- 
ground  in  any  common  brewhoufe,  or  the  ground  near  adjoining,- 
or  any  wall,  partition,  or  other  place,  to  fearch  for  any  fuch  pri- 
vate pipe  or  other  conveyance,  and  on  finding  may  follow  the 
fame,  and  break  up  the  ground,  houfe,  wall,  partition,  or  other; 
place,  thro'  or  into  which  the  fame  fhall  lead,  and  break  up  or  cut 
fuch  pipe  or  other  conveyance,  and  may  turn  any  cock  to  try  whe- 
ther it  can  convey  as  aforefaid.    f.  5. 

And  if  on  fearch  no  fuch  pipe  or  other  private  conveyance 
fliall  be  found,  the  officer  (hall  make  good  the  ground,  wall, 
or  other  place  fo  broken  up,  or  make  fatisfa£lion  to  the  owner  : 
And  if  any  perfon  (hall  oppofe  fuch  officer,  he  (hall  forfeit  50/. 
/  6. 

But  any  common  brewer  may  ufe  any  pipes,  ftop  cocks,  or 
other  conveyances  above  ground,  which  are  publick  and  in  open 
view,  for  letting  his  worts  out  of  his  copper  into  his  publick  backs 
or  coolers;  and  out  of  the  fame  into  his  tuns,  batches,  or  floats  i 
or  out  of  the  tun  into  his  cafks.    /  7. 

13.  No  common  brewer,  innkeeper,  viflualler,  or  other  re- 
tailer of  beer  or  ale,  fliall  ufe  or  keep  any  private  ftorehoufe,  cel- 
lar, or  other  place  for  laying  of  any  beer  or  ale,  or  worts,  in 
ca(k;  on  pain  of  50/.  and  every  other  perfon  in  whofe  occupa- 
tion any  (I'.ch  place  fliall  be,  fhall  alfo  forfeit  50  /.   15  C  2.  c.  1 1. 
/  I.     I  /r.y?.  i.'f.  24. /.  M. 
Privatf  perfon       -  14'  ^^  ^"X  perfon  inhabiting  in  a  market  town,  city,  or  town 
fiuTering  liquors  corporate,  or  parts  adjoining  to  a  city  or  town  corporate,  where 
to  be  brewed  in    there  is  a  common  brewhoufe,  having  and  lawfully  ufing  any  pri- 
vate brewing  veiiels  for  making  beer  and  ale  to  be  confumed  in 
)iis  own  private  family,  fhall  permit  any  beer,  ale,  or  worts  to  be 
brewed  in  his  houfe,  or  other  place  thereunto  adjoining,   other 
than  for  his  own  family,  fervanti,  labourers,  or  to  others  by  way 
of  charity,  hofpitality,  or  free  gift;  or  fliall  lend  out  any  of  his 
2 ' "  brewing 


Private  Cellar. 


his  houle. 


I 


€Ui(t.     (Jte,  &c)  339 

brewingn^Teffels,  other  than  which  are  moveable  and  unfixt,  he 
ihall  forfeit  50/.     22  &  23  C.  2.  c.  5.  /  10. 

•    15.  The  gager  (hall  at  all  times,  as  well  by  night  as  by  day  Gager  to  enter 
(-and  if  by  night,  then  in  prefence  of  a  conftaWe)   be  permitted  and  caite  ac- 
npon  his  requeft  to  enter  the  brevvhoufe,  and  all  other  houfes  and  *=°'^"'' 
places  belonging  to  or  ufed  by  any  perfon  brewing  of  beer,  or  by 
any  retailer  of  beer,  ale,  worts,  perry,  cyder,  or  metheglin ;   and 
to  gage  all  coppers,  fats,  and  veffels  in  the  fame  ;  and  to  take  an 
account  of  all  fuch  liquors  brewed  or  made  therein  ;  and  thereof 
fhall  make  return  in  writing  to  the  commiflioncrs  or  fubcommif- 
fioners ;  which  return  fhall  be  a  charge  upon  fuch  brewers,  ma- 
kers, or  retailers.      12  C.  2.  c.  24.  /.  33. 

And  if  any  brewer  Ihall  bribe  the  gagcr  to  make  a  falfe  return, 
he  thall  forfeit  10/.  and  the  officer  taking  the  bribe  (hall  alfo  for- 
feit 10/.      1 5  C.  2.  f .  1 1 .  /  1 6, 

And  if  any  fuch  common  brewer  or  retailer  (hall  refufe  to  per- 
mit fuch  gager  to  enter  his  brewhoufe  or  other  place  aforefaid,  or 
to  gage  or  take  account  of  his  veiTels  or  liquor  aforefaid,  he  (hall 
be  forthwith  forbidden  by  the  gager  to  fell,  carry  out,  or  deliver 
to  any  of  his  cuflomers,  any  beer,  ale,  or  other  the  liquors  afore- 
faid; and  if  he  (hall  after  fuch  warning  given,  fell,  carry,  or  de-i 
liver  out  the  fame,  or  any  part  thereof,  not  having  paid  the  duty 
of  excife,  he  (hall,  befides  the  forfeiture  of  double  value,  forfeit 
alfo  the  fum  of  10/.      12  C.  2.  c.  24.  /  33.         •  '-•    ,.:iii.j . 

And  by  the  7  fs'  8  W.  c.  30.  If  any  common ,  brewer,  inn- 
keeper, or  viflualler,  (hall  on  requeft  or  demand  made  by  the 
gager  in  the  day  time,  or  in  the  night  in  prefence  of  a  conftable, 
refufe  to  permit  him  to  come  into  his  houfe,  brewhoufe,  or  other 
place  ufed  by  him ;  or  being  entred,  fhall  refufe  him  to  flay  in  the 
brevvhoufe,  whilft  his  guile  is  brewing,  and  quietly  gage  and  take 
an  account  of  the  feveral  worts  as  they  are  brewed  ofT,  and  let 
into  his  backs  and  tuns,  and  to  fee  their  ftrong  and  fmall  drink 
cleanfed  and  carried  out  without  mixture,  and  to  take  an  account 
of  the  goods  in  the  melh  tun,  or  the  quantity  of  malt  from  which 
fuch  worts  are  made;  he  fhall  forfeit  20  /.  and  tiie  profecutor  (hall 
not  be  obliged  to  prove  that  the  party  carried  out  any  part  of  fuch.. 
guile  before  he  paid  the  duties,    f.  zz. 

And  by  the  ("aid  aft,  if  any  maker  of  innegar,  cyder,  methe- 
glin, mead,  or  fixeets  for  fale,  fhall  conceal  any  vinegar,  or  liquor 
prepared  for  vinegar,  or  any  cyder,  metheglin,  mead,  or  fweets 
from  view  of  the  gager ;  he  fhall  for  every  barrel  of  vinegar  or 
hquor  prepared  for  vinegar,  or  fweets,  forfeit  40  j.  for  every 
hogdiead  of  cyder  40  i.  and  for  every  gallon  of  metheglin  or 
mead  5^.    /  16. 

And  if  any  maker  or  retailer  of  vinegar,  or  other  the  liquors 
laft  mentioned,  (hall  on  requelt  or  demand  made  by  the  gager  in 
the  day  time,  or  if  by  night  in  the  prefence  of  a  conftable,  refufe 
to  permit  him  to  enter  his  houfe,  florehoufe,  or  other  place  ufed 
by  him,  and  to  take  account  of  the  faid  liquors ;  he  ^lall  fo'rfeit 
15/.    /.  17.  .'     .^ 

And  by  the  4  G.  c.  3.  Ever)-  dealer  in  cyder  or  />/rry,  *aiid  per- 
fon receiving  it  into  his  cuilody,  (hall  be  chargeable  wid^  the  du- 

Z  2  ,  ties. 


340  €%Ci(C.     {Ak,  Sec.) 

tics,  unlefs  they  fliall  make  it  appear,  cither  that  it  waa^ade  c4 
fruit  of  their  own  growth,  and  not  of  bought  fruit,  or  that  the 
duty  is  paid  ;  and  if  fuch  perfon  on  requeft  made  by  ary  officer 
•  of  excife  in  the  day  time,  fhall  not  pefmit  him  to  enter  his  cellars, 

ftorehoufes,  or  other  places,  and  by  gaging  or  otherwife  to  take 
account  of  all  cyder  and  perry  there  found,  he  fhall  forfeit  20  /. 

j:  II. 

Indifferent  ga-  1 6.  As  often  as  there  fhall  be  occafion,  two  able  artifts  fhall  be 

gers  may  be        appointed,  one  of  them  by  the  commifTioners  or  fubcommiffioners, 
^  *^"*  and  the  other  iy  the  brewers  of  any  city  or  place ;  who  fhall  be 

fvvorn  before  a  juilice,  to  take  and  compute  the  juft  contents  and 
gage  of  all  coppers,  fats,  tuns,  backs,  and  coolers,  and  all  other 
brewing  vefTels  of  that  nature,  and  to  deliver  under  their  hands 
one  copy  of  the  contents  to  the  commiffioners  and  fubcommif- 
fioners,  and  another  to  each  refpcdive  brewer.     15  C  2.  c  11. 

Brewer  to  de-  1 7.  Every  common  brewer  who  fhall  make  any  guile  of  beer 

Clare  how  much  or  ale,  fhall  declare  to  the  gager,  how  much  ftrong  beer  or  ale  he 

laak**^"  ^  "      intends  to  make  of  fuch  guile,  and  how  much  fmall,  before  any 

part  of  the  guile  is  cleanfcd  or  removed  out  of  his  tuns ;  and  if 

fuch  brewer  or  his  fervants  fhall  refufe  to  make  fuch  declaration, 

the  gager  fhall  return  the  whole  as  flrong,  and  the  brewer  fhall  alfo 

forfeit  for  every  barrel  in  fuch  guile  20  s.     And  if  fuch  brewer  or 

his  fervants,  after  fuch  declaration  fhall  make  any  increafe  of  the 

firong  bear  or  ale,  or  if  the  gager  fhall  find  any  beer,  ale,  or  worts 

of  the  fame  guile  laid  off,  over  and  above  the  quantity  fo  declared  ; 

he  fl^.all  forfeit  for  every  barrel  fo  increafed,  laid  ofF,  or  found  over 

and  above  fuch  quantity  5/.  and  the  fervant  afliibing  therein  20 A 

and  in  default  of  payment  be  imprifoned  three  months:  And  if  on 

av;  information  agairift  the  brewer  for  the  faid  penalties,  it  appear 

l>y  ;,is  evidence,  that  the  flrong  beer  or  ale  fo  declared,  was  in- 

creafeu  oy  adding  to  or  mixing  with  it  any  beer  or  ale  that  was  left 

in  the  brewhoufe  of  a  former  guile,  he  fhall  neverthelefs  incur  the 

penalties,  except  it  be  alfo  proved  upon  oath  that  the  ftrong  beer 

or  ale  fo  added  to  fuch  guile,  was  added  in  the  fight  and  view  of 

the  gager.     8  b'  9  PF.  c.  19.  /  2. 

ic  of        i^-   And  whereas  many  brewers,  having  fbong  beer  or  ale  re- 

cw-   maining  in  the  brewhoufe  from  the  time  it  was  brewed,  until  the 

next  guile  or  brewing,  the  quality  of  which  they  frequently  alter 

by  mixing  with  the  fame  new  fmall  beer,  or  old  returned  drink, 

and  then  add  tlic  beer  and  ale  fo  altered  to  the  next  guile ;  if  it 

fh.ill  appear  to  the  gager  that  the  quality  of  fuch  ftrong  beer  or  ale 

fo  remaining  in  the  brewhoufe  of  a  former  guile,  and  added  to  a 

guile  of  new  drink,  hath  been  ib  altered  fmce  it  was  brewed,  he 

flfall  return  all  fuch  beer  and  ale  fo  altered  and  added  to  a  guile  of 

new  drink,  as  if  the  fame  were  then  originally  brewed,  and  had 

ncv^r  been  charged  before.     8^9^^.  c.  19.  /".  3. 

ngdrirk     "^  ^9-  If  any  common  brewer,    innkeeper,    or  vidualler,    fhall 

the  whole  cleanfe,  or  remove  out  of  his  brewhoufe,  any  part  of  his  guile  or 

wed  off.      brewing  of  beer,  ale,  or  worts,  before  the  whole  of  fuch  guile  n 

brewed  off,  and  be  in  his  tuns,  backs,  or  coolers,  and  until  the 

gager  fhall  or  might  have  taken  an  account  of  the  fame,  without 

.  I  firlt 


excite*     {Jle,  &cO  34? 

firft  giving  notice  to  the  {upervifor  or  gager,  at  what  time,  and 
how  much  of  fuch  guile  or  brewing  he  intends  to  cleanfe  or  re- 
move, and  where  he  intends  to  difpofe  of  the  fame ;  he  fhall  for 
every  barrel  forfeit  40  j.     y  &  8  JV.   f.  30.  /  2  i . 

20.  Where  it  lliall  appear  to  the  gager,  that  any  worts  are  mif  Gager  may 
fjng,  or  not  fairly  let  down  into  the  tun,  and  the  gager  cannot  find.'^^"';!i^^^'"^^^°'^^ 
the  fame,  he  may  charge  for  fo  much  beer  or  ale,  as  fuch  worts  fo        ' ''' 
miffing  would  reafonably  make,      i  W.  fi.  i.  f.  24.  /  6.  j 

21.  Gagers  may  take  their  gages,  and  make  their  returns  and  Gage  may  be  . 
charges,  upon  warm  worts  in  the  back;,  coolers,  or  other  veffeis ;  ' '■'^f' in  warini 
and  in  fuch  cafe  make  allowance  of  one  tenth  part  thereof  for  '^''"• 

wafh  and  wafte;  which  worts  (hall  not  be  afterwards  charged, 
when  made  into  beer  or  ale.      i  i'f.  Ji.  i.  c.  24.  /  7. 

22.  If  any  common  brewer,    innkeeper,    vidualler,  or  other  Mixing  fmall 
retailer  of  beer  or  ale,  (hall  after  an  account  hath  been  taken  by  beer  with  ftrong. 
the  gager,  convert  any  fmall  beer  or  fmall  worts  into  ftrong  beer 

or  ale,  by  mingling  the  fame,  and  fhall  fell,  deliver  out,  or  retail 
the  fame,  without  giving  notice  to  the  fame  gager,  of  the  quan- 
tity fo  mingled  and  converted  j  or  if  any  fuch  brewer  or  retailer 
fhall  conceal  or  convey  any  beer,  ale,  or  worts  not  gaged,  fi-om 
the  fight  of  the  gager,  whereby  the  king  may  be  defrauded  of 
the  duty  j    he  fhall  forfeit  zos.  a  barrel.     15  C.  2.  c.  11./.  X2. 

1   fV.  fcff,   I.    C.  24.  /.    M. 

23.  No  common  brewer  fhall  fell,  deliver,  or  carry  out  any  fj^e  ^f  ^gU^^. 
beer  or  ale  to  any  of  his  cullomer;,  either  in  whole  cafk  or  by  the  ing  out. 
gallon,  in  any  city  or  market  town,  before  notice  given  to  an  of- 
ficer of  excile,  but  between  three  in  the  morning  and  nine  in  the 

evening  from  Mar.  25.  to  Stp.  29.  and  between  five  in  the  morn- 
ing and  feven  in  the  evening  between  Sep.  29.  and  Mar.  25.  on 
pain  of  20/.  a  barrel.      15  C.  2.   c.  11.  /.  il. 

And  by  the  10  y  1 1  ?/^.  r,  2  I .  No  'vinegar  maker  fhall  receive 
into  his  cuftody  any  liquors  for  making  of  vinegar,  nor  deliver  out 
any  vinegar  in  cafks  or  by  the  gallon,  without  notice  firft  giv^n  to 
the  officer,  unlefs  from  5V/).  29.  to  Mar.  35.  yearly,  between  fe- 
ven in  the  morning  and  five  in  the  evening;  and  from  Mar.  25.  to 
Sep.  29.  between  five  in  the  morning  and  feven  in  the  e\'ening;  on 
pain  of  50/.    f.  \2. 

And  on  receiving  fuch  liquors  into  his  cuftody,  he  fhall  fhew 
the  fame  to  the  gager  before  he  mix  them  with  any  other  liquorii, 
rape,  or  other  materials ;  on  pain  of  20/.     id.  f.  i^. 

24.  If  any  common  brewer,  or  innkeeper,  fhall  on  carrying  out  MLxins  af^er  de- 
his  drink,  or  after  it  is  carried  out,  mix  any  fmall  beer  or  fmall  livercd  o'.:c,_ 
worts,  with  any  ftrong  beer  or  ale  on  his  dray,  or  in  any  victual- 
ler's cellar,  or  other  phce ;  he  fhall  forfeit  5  /.  and  the  gager  may 

tafte  the  drink  upon  the  dray,  and  alfo  on  requeft  may  enter  the 
cellar  or  other  room  in  the  pofTefTion  of  any  innkeeper  or  vidual- 
ler  that  fhall  receive  any  drink  from  a  common  brewer,  and  talle 
the  drink  in  the  fame;  and  if  the  innkeeper  or  vidualler  fhall  re- 
fufe  him  to  enter  into  his  cellar  or  other  rooms,  or  to  tafte  the 
drink  in  the  fame,  he  ftiall  forfeit  5/.     -j  id  %  V/.  c.  30.  /  23. 

2  J.  No  retailer  of  beer  or  ale,  fhall  after  the  receipt  thereof  Mixing  by  thf 
frqai  the  common  brewer,  mix  any  beer,  ale,  or  worts,  of  extra-  retdiisr, 

Z  3  ordinary 


42  CjCClfe*     {Jle,  Sec.) 


ordinary  ftrenth,  with  any  fmall  beer,  ale,  or  worts,  in  any  vefTel 
containing  three  gallons  or  more;  on  pain  to  forfeit  for  every 
barrel  fo  mixt,  double  the  duty  of  excife  for  ftrong  beer  or  ale, 
and  fo  proportionably  for  any  greater  quantity.     22  ^  23  C  2. 

f-  5-/  ii- 
Meafure  and  al-       26.  And  for  avoiding  incertainties  in  the  returns  0/  the  gagers, 
lowance  for         the  t>arrel  of  beer  (within  the  bilL  of  mortality)  fhall  be  36  gallons 
the  bflu  ^■'    .'"    of  four  quarts  to  the  gallon,  according  to  the  ftandard  in  the  ex- 
tajjty.  chequer;  and    the  barrel  of  ale   32  gallons:  And  all  other  the 

liquors  aforefaid,  (hall  be  reckoned  according  to  the  wine  gallon. 

12C  2.  f.  24.  /  34.    I  ;r.  /  I.  f.  24.  /  5. 

And  the  common  brewer,  not  felling  the  fame  by  retail,  for 
wafte  by  fillings  and  leakage,  flial)  be  allowed  on  every  23  barrels 
of  beer,  whether  ftrong  or  fmall,  three  barrels  ;  and  upon  every 
22  barrels  of  ale,  two  barrels,      i  2  C  2.  c.  24.  /  36. 

But  if  any  common  brewer  fhall  make  a  falfe  entry,  and  be 
convicted  thereof;  he  fhall,  over  and  above  other  penalties,  for- 
feit the  faid  allowance  for  fix  months  then  next  enfuing.  12  C.  2. 
C.24../.37. 
In  other  places,  i  27.  In  all  other  places,  34  gallons  fhall  be  reckoned  for  a  bar- 
rel of  beer  or  ale  ;  and  the  allowance  for  wafte  fhall  be  two  I  on 
every  27  barrels,  i  W.  ft,  \.  c.  24.  /  5. 
Kotes  of  the  28.  Notes  of  e\ try  gage,  figned  by  the  gagers,  containing  the 

*^^h  If  *^"^''S^  inches  and  tenths  of  the  backs,  and  wants  of  the  tuns,  and  qua- 
lity of  the  liquors,  fhall  be  left  by  them  with  the  common  brewers 
of  ale  or  beer,  or  feme  fervant  (if  demanded)  at  the  time  of 
taking  the  gages ;  on  pain  of  40  s.     7  ^"  8  JV.  <.  30.  /  46. 

And  by  the  fame  aft,  the  gager  fhall,  within  three  days  after 
the  end  of  every  week,  deliver  to  or  leave  with  the  brewer  or 
retailer,  or  their  fervants,  a   true  copy  under  his  hand,  of  each 
refpeftive  charge  by  him  made,  containing  the  quantity  and  qua- 
lity of  the  liquors  by  him  charged  in  fuch  week  ;  and  if  he  fhall 
neglei5l  or  refufe  (after  demand  in  writing,   12  G.  c.  28.  /  30.)  to 
leave  fuch  copy,  or  fhall  charge  fuch  perfon  more  than  fuch  copy 
contains,  he  fhall  forfeit  10  /.    /  25. 
Relief  \n  cafe  of       29.   The  commiflioners  of  excife  or  appeals,  or  juftices  of  the 
over  charge.         peace,  on  complaint  of  any  over  charge  returned  upon  them  by 
the  gager,  fhall  hear  and  determine  the  complaint,  and  examine 
witnefTes  on  oath,  and   thereupon,  or  by  other  due  proof,  may 
discharge  fuch  complainant  of  fo  much  of  his  charge  as  fhall  be 
made  out  before  rhem.      i  IV.  feff.  1.  c.  24.  /.  13. 
Itrtry  and  pay-        30.  All  common  brewers  of  beer  and  ale,  Ihall  once  in  every 
aaent  of  duties,    week ;  and  all  inkeepers,  alehoufekeepers,  viftuallers  and  other 
retailers  of  beer,  ale,  cyder,  perry,  or  metheglin,  brewing,  ma- 
king, or  retailing  the  fame,  fhall  once  in  every  month,  make  en- 
tries at  the  excife  office,  of  all  fuch  liquors  brewed,  made,  or  re- 
tailed  in   that    week   and    month   refped'tively.      12C'.  2.  r.  24. 

/.  29- 

And  all  fuch  common  brewers  who  do  not  once  a  week  make 

due  entries,  fhall  forfeit   10/.     And  every  fuch   innkeeper  who 
•  doth  not  Biake  true  entries  once  a  n.onth,  fhall  forfeit  5  /.     And 

every 


\ 


I 


ivtry  alelioufekecper,  viiflualler,  or  other  retailer,  who  doth  not 
once  a  month  make  due  entries,  fliall  forfeit  ?.o  s.     id.  f.  30. 

And  every  common  brewer  who  fhall  not  pay  within  a  Week 
after  he  made  his  entry,  or  ought  to  have  made  his  entry,  (hall 
pay  doable  value  of  the  duty  ;  and  every  innkeeper,  alehoufe- 
keeper,  vidualler,  or  other  retailer  who  {hall  not  pay  within  a 
month  after  he  made  his  entry,  or  ought  to  have  made  his  entry, 
fhall  pay  double  value  of  the  duty.     id.  /  3  i  • 

Provided  that  no  fuch  perfon  fliall  be  compelled  to  travel  for 
making  the  faid  entries  or  payment  of  the  faid  duties,  or  other 
caufe  whatfoever  touching  the  lame,  if  he  live  in  a  market  town, 
out  of  the  faid  town ;  if  he  live  out  of  a  market  town,  then  to 
no  other  place  than  to  the  next  market  town  to  his  habitation  in 
the  fame  county,  on  the  market  day.     id.  f.  T)Z 

But  no  common  brewer  fliall  be  profecuted  for  any  forfeiture  for 
any  milentry  or  fliort  entry,  if  he  fliall  in  one  week  after  the  de- 
livery of  the  copy  of  the  return  made  by  the  gager,  reclify  his 
entry  according  to  the  faid  return,  or  otherwife  dilcharge  himfelf, 

15  c.  2.  f.  1 1,  yi  6. 

But  no  brewer  fliall  have  any  benefit  of  this  provifo,  on  any  in- 
formation to  be  brought  agriinll  him  for  non-entry,  falfe  entry,  or 
non  payment;  if  it  fl"iall  appear  by  the  evidence,  that  he  did  not 
bona  fide  fliew  to  the  gager  all  the  beer,  ale,  and  worts  of  each 
refpedive  guile,  for  fuch  time  for  which  fuch  copy  of  the  return 
was  made;  or  if  any  apparent  fraud  was  acted,  to  defraud  the 
king  of  his  duty,  for  any  part  of  the  drink  brewed  in  the  time 
for  which  fuch  copy  of  the  return  is  made  or  given  by  the  gager. 
I  W,  fcff,  1.  c.  24.  /  10. 

31.  But  if  any  perfon  fliall  brew,  and  fell  by  retail,  any  fmall  Exception  of  fel- 
quantities  of  beer  or  ale  in  any  fair,  who  is  not  otherwife  a  com-  I'ns  in  fairs. 
mon  brewer  or  retailer  thereof,  and  fliall  before  fuch  felling  and 

retailing,  pay  the  excife  for  the  fame;  he  fliall  be  freed  from  all 
penalties  relating  to  fuch  entries,  and  the  like.      12  C  2.  c.  24. 

/  39- 

32.  If  any /xtvr/j-,  having  paid,  the  duty,  fliall  be  intended  to  Permit  for  re- 
be  removed,  the  excife  officer  fliall  on  requeft  give  a  certificate  moval  after  duty 
under  his  hand,    exprefiing  the  quantity  and  quality,  and   from  ?*'"^' 

whom  and  to  whom  they  are  to  be  fent;  and  if  any  maker  fliall 
otherwife  remove  them,  or  vintner  receive  them,  he  fliall  for- 
feit \os.  a  gallon,  and  alfo  the  liquor  and  calks.  6  G.  c.  21. 
/  22. 

33.  The  commifTioners  and  fubcommiflioners  may  compound  Compounding, 
with    innkeepers  and   others  for    the  duties.       12  C  2.    c.  24. 

/  40- 

But  no  perfon  who  hath  compounded  (hall,  during  the  term  of 
fuch  compofition,  fuffer  any  beer  or  ale  to  be  brewed  within  his 
brewhoui'e,  for  any  other  common  brewer,  without  firft  giving 
notice  to  the  commiiTioners  or  fubcommiflioners,  and  forthwith 
paying  down  the  excife  thereof;  upon  pain  that  as  well  the  brewer 
who  fhall  brew  the  fame,  as  the  brewer  for  whom  it  fliall  be 
brewed,  ftiall  forfeit  5  /.  for  every  barrel.  1 5  C.  2.  c.  \\. 
/.  H' 

Z  4  34.  All 


344-  €]CClft.     {Candles,) 

Utcnfiis  liable  to  34.  All  the  brewing  vefTels  and  utenfils  for  brewing,  into 
the  penalties  and  vvhofe  hands  foever  they  fliall  come,  and  by  what  conveyance  or 
'^""""  title  foever  they  be  claimed,  Ihall  be  fubjeft  to  all  the  debts  and 

duties  of  excife  in  arrcar  for  any  beer  or  ale  made  in  the  faid 
brewhoufe ;  and  fhal!  alfo  be  fabject  to  all  penalties  and  forfeitures 
againft  the  laws  of  excife  ;  and  it  Ihall  be  lawful  to  levy  debts  and 
penalties,  and  ufe  fuch  proceedings  againft  the  utenfils  therein  con- 
tained, as  it  may  be  lawful  to  do,  in  cafe  the  debtor  or  offender 
ufing  the  faid  utenfils  had  been  the  real  owner  thereof  15  C.  2. 
c.  II.  /is-. 
Limitation  of  35-  -^^    information   fhall   be  brought  againft  any  common 

aftions.  brewer,  or  alehoufekeeper,  vinegar  maker,  or  cyder  maker,  for 

any  mifentry  or  oftence,  but  within  three  months  after  the  ofience 
committed;  and  notice  thereof  fhall  be  given  to  him  in  writing, 
or  left  at  his  dwelling  houfe,  within  a  week  afcer  laying  and  en- 
tring  the  information,      i  W.  fe[f.  i.  c.  24.  f.  \6.      12  {iT  13  If. 
c.  II.  /.  17. 
Delivering  mate-      3^-  ^^  ^'^7  common  brewer,  or  maker  of  cyder,  making  beer, 
rials  to  diftillers.  ale,  or  Cyder  for  fale,  fhall  deliver  to  any  dirtiller  or  vinegar  ma- 
ker, any  wafh,  tilts,  ale  beer,  vinegar  beer,  or  cyder,  without  firli 
giving  notice  to  the  gager,  what  quantity  he  intends  to  deliver, 
and  when,  and  to  whom;  he  fhall  forfeit  for  every  barrel  20s. 
8  b' 9^.  e.  19.  /.  9. 
Exportation.  37-  -^le,  beer,  cyder,  or  mum,  may  be  exported;  paying  cu- 

ftom  I  s.  a  ton.     \  fV.   ft.  \.  c.  22. 

And  on  exportation  thereof  the  excife  fhall  be  repaid.     22  ^ 
23  C.  2.  c.  5.  /.  15.     7  G.  /.  I.  c.  20.  /.  31. 

II.  Candles. 

Duty  on  candles  I .  For  every  pound  of  tallow  candles  imported,  fhall  be  paicj 
imported.  in  the  whole,  by   the  feveral  a£ls,  2  </.  ^ .      z  VV.  ffjf.  z.  f .  4. 

/  37.     8  Jin.  c.  9.  /  1 .     9  An.  c.  6.  /.  II. 

For  every  pound  of  wax  candles  imported,  8  </.     8  An.  c.  9. 
/.  \.     g  An.   c.  6.  /.  \i. 
Duty  on  candles       2.  For  all  candles  made  of  wax,  or  ufually  called  or  fold  for 
made  in  Great     ^gx  candles  (notwithftanding  the  mixture  of  any  other  ingredients) 
Britain.  ^^^^  ^^  q^^^^  Britain,  ftiall  be  paid  8  i.  a  pound  : 

All  other  candles  i  d.  a  pound.     8  An.  c.  <).  f.  i.     9  An.  c.  6. 

/.  II. 

RufTi  lights  ex-        3.  But  the  faid  duties  fhall  not  be  charged  on  fuch  fmall  rufh 

cepted.  lights,  as  fhall  be  made  by  any  perfons  to  be   ufed  in  their  own 

houfes  only,  fo  as  none  of  them  be  fold  or  delivered  out  or  made 

for  fale,  and  fo  as  they  be  once  only  dipped  in.   or  once  drawn 

thro'  greafe  or  kitchen  ftaft,  and  not  thro'  any  tallow  mektd  or 

refined.     8  An.  r.  9.  /  31. 

Oil  not  to  be  4-  During  the  continuance  of  the  duties  upon  candles,  no  per- 

ufed  inftead  of     fon  fhall  ufe  in  the  infide  of  his  houfe,  any  lamp,   wherein  any 

candles.  oil  or  fat  (other  than  oil  made  of  fifh  within  Great  Britain)  fhall 

be  burned  for  giving   light;    on  pam  of  40;-      ^  An.    c.  9. 

/  18. 

c.  No 


extitt*     (Candles.)  345 

^.  No  maker  of  candles  fliall  ered^,  fet  up,  alter,  or  afe  any  Places  of  makiag 
melting  houfe,  workhoufe,  warehoufe,  ftorehoufe,  ftiop,  room,  ""^g"  '^ 
or  other  place  for  the  making  or  keeping  of  candles,  or  for  the 
melting  or  keeping  any  wax,  tallow,  or  other  materials  proper 
to  be  made  into  candles ;  or  ufe  any  copper,  furnace,  moulds,  or 
other  veffel  for  melting  of  wax,  tallow,  or  other  materials  to  be 
made  into  candles;  without  notice  thereof  being  firft  given  in 
writing  at  the  next  office  of  cxcife:  on  pain  of  50/.  8  Jn.  c.  9. 
/6. 

And  all  candles,  wax,  tallow,  and  other  materials  for  making 
candles,  which  fhall  be  found  in  any  private  melting  houfe,  work- 
houfe, or  other  place,  and  all  private  coppers,  furnaces,  and  other 
vefTels,  for  which  no  entry  Ihall  be  made,  or  notice  given,  fhall 
be  forfeited,  or  the  value  thereof.     8  Jn.  c.  9.  /  17. 

And  by  the  1 1  G.  c.  30.  If  any  maker  of  candles  (except 
compounders)  fhall  ufe  any  melting  houfe,  fhop,  or  other  place, 
for  making  or  keeping  of  candles,  or  for  melting  or  keeping  of 
wax,  tallow,  or  other  materials,  or  uie  any  copper  or  other  veilel 
for  melting  the  fame,  or  any  moulds  or  other  utenill  ^nt  making  of 
candles,  without  having  made  entry  thereof  in  writing  at  the  next 
excife  office ;  he  fliall  forfeit  100/.    /  2  3 . 

And  the  officer,  between  five  in  the  morning  and  eleven  in  the 
evening,  with  or  without  a  conftable,  and  between  eleven  in  the 
evening  and  five  in  the  rooming,  with  a  conftable,  fliall  be  per- 
mitted on  requell  to  enter  and  feaich  ;  and  all  chefts  and  other  like 
things  locked  up,  fliall  on  his  requeft  be  opened  ;  on  pain  that 
twexy  perfon  obflruding  or  moleiting  him,  fliall  forfeit  100/. 
II  G.  c.  30.  /  24. 

A.nd  if  the  officer  on  his  fearching  any  unentred  houfe  or  place, 
fliall  find  candles  either  made  or  making,  or  tallow  or  other  ma- 
terials melting  or  melted,  or  cottons  or  rufties  fpread,  or  any  cop- 
per, mould,  or  other  utenfil  warm  with  tallow  or  other  materials  ; 
this  fliall  be  fufficicnt  evidence  to  convift  the  offender  in  the  pe- 
nalty of  ICO  /.  for  having  ufed  the  fame  not  being  entred.  1 1  G, 
f.  30.  /  25. 

And  leaving  a  fummons  at  the  place  where  the  difcovery  was 
made,  direfted  to  the  perfon  profecuted  by  his  right  or  aflTumed 
name,  fliall  be  deemed  as  effectual  as  if  perfonally  delivered  to 
him,  and  by  his  proper  name.     id.  /  26.  * 

6.  The  officer  fliall  at  all  times,  by  day  or  by  night,  and  if  in  Officer  to  enter 
the  night,  then  in  prefence  of  a  conflable,  be  permitted  on  his  and  take  ac- 
requeft,  to  enter  the  houfe,  melting  houfe,  warehoufe,  or  other  ^°^^'^' 
place,  belonging  to,  or  ufed  by  any  pf  rfon  who  fliall  be  a  maker 
of  candles ;  and  by  weighing  or  tale  of  the  candles,  or  otherwife, 
to  take  an  account  of  the  quantity ;  and  fliall  thereof  make  a  re- 
turn in  writing  to  the  commiflioners,  or  to  whom  they  fliall  ap- 
point ;  leaving  a  true  copy  of  fuch  report,  under  his  hand,  with 
or  for  the  maker :  and  if  he  fliall  refufe  or  negledl  to  leave  fuch 
copy  (on  demand  thereof  made  in  writing,   12  G.  c,  28.  f.  30.) 
he  Ihall  forfeit  4.0  j.     8  Jn,  (.  9.  /  10. 

7.  And 


34^  €XtiUi     {Candles) 

The  maker  to  7.  And  the  maker  (hall  keep  juft  fcales  and  weights,  where  he 

keep  fcules  and    ^akes  his  candles ;  and  fiiall  permit  and  affift  the  officer  to  make' 
^*"^'^    ^*  ufe  thereof,  on  pain  of  10/.     8  y^«.  c.g.f.w. 

Notice  and  time       8,  No  maker  of  candles  for  fale,    fhall  begin  to   make  any 
of  making.         courfe  or  making  of  candles,  without  notice  thereof  firfl  given   to 
the  officer,  unlefs  from  S£().  29   to  Mr.r.  25.  yearly,  between  feven 
in  the  morning  and  five  in  the  evening;  and  from  il/^r.  25.  to 
Stp.  29.   between  five  in  the  morning  and  feven  in  the  evening ; 
on  pain  of  10  /.     10  A7t.  c.  26.  /  107. 
Maker  to  declare      9.  Every  maker  of  candles  for  fale,  fhall  before  he  begins  to 
the  number  and   make  Of  dip  any  making  or  courfe  of  candles,  declare  to  the  of- 
*•  ficer  the  number  of  flicks  he  defigns  to  make,  and  the  fizes  of  the 

candles  whereof  each  Ititk  is  to  confill  ;  and  if  fuch  making  or 
courfe  is  intended  to  be  of  moulded  candles  then  he  fhall  declare 
to  the  officer,  before  he  begins  to  fill  the  moulds,  how  many 
moulds  he  intends  to  fill  at  fuch  making,  and  how  often  he  intends 
at  fuch  making  to  draw  the  moulds :  and  if  he  fhall  negleft  or  re- 
fufe  to  make  fuch  declaration,  or  fhall  after  fuch  declaration  make 
any  increafe  of  his  number  of  fticks,  or  of  the  fizes  of  his  can- 
dles in  fuch  making  or  courfe  ;  or,  in  the  cafe  of  making  mould 
candles,  fhall  fill  a  greater  number  of  moulds,  or  draw  fuch 
moulds  oftner  than  lliall  be  declared ;  or  if  he  fhall,  after  the 
weighing  of  any  making  of  candles  by  the  officer,  increafe  the 
weight  of  fuch  candles,  by  redipping,  or  otherwife;  he  fhall  for- 
feit 10/.      10  Jn.  c.  26.  /.  106. 

And  by  the  i  t  G.  <r.  30.  If  any  maker  of  candles  for  fale, 
ihall  begin  to  make  any  courfe  of  candles,  not  being  mould  can- 
dles, or  make  preparation  for  the  fam.e,  without  notice  in  writing 
to  the  officer  of  fuch  his  intention,  and  of  the  time  of  the  day  or 
night  when  he  intends  to  begin,  and  of  the  number  of  fticks  of 
which  fuch  making  is  intended  to  confif!:,  and  of  the  fizes  and 
number  on  each  flick  ;  he  fliall  in  default  hereof,  or  if  he  have 
at  fuch  making  more  fticks,  or  more  candles,  or  larger  than  men- 
tioned in  the  notice,  forfeit  50  /.  and  if  after  fuch  notice,  he  fhall 
not  begin  at  the  time,  or  within  three  hours  of  it,  fuch  notice  fhall 
be  void.     /  27. 

And  lighting  a  fire  under  a  vefTel  for  melting  the  materials,  or 
finding  in  fuch  vefiel,  or  in  any  mould,  the  materials  melted  or 
melting,  or  cottons  or  rufhes  fpread  or  fpreading,  fhall  be  deemed 
to  be  fuch  a  beginning  to  ivori,  as  fhall  make  him  liable  to  the  faid 
forfeiture.    /.  28. 
The  officer  (hall       lo.  The  officer  fhall  be  permitted  to  take  an  account  of  the 
charge  fcr  mate- quantities  of  wax,  tallow,  and  other  materials;   and  if  he  fhall 
rials  mifling.       j^jfg  ^ny  that  he  had  taken  account  of  at  the  lafl  time  he  was  at 
the  maker's,  and  fhall  not  on  demand  receive  fatisfailion  what  is 
become  thereof,  the  officer  may  charge  fuch  quantity  of  candles, 
as  the  materials  fo  miffing  in  his  judgment  would  have  made,  not 
exceeding   io2  li.  of  candles  for  every  ixzlb.  of  materials  mif- 
fing, and  fo  proportionably.     8  Jn.  c.  9.  /.  iz. 

And  if  any  fuch  maker  fliall  obftruft  the  officer,  he  fhall  forfeit 
20  /.    f.  1 3. 

1 1 .  Candles 


I 


€%tiit.     {Candles)  347 

IT.  Candles  cracked  or  fpoiled  in  making,  may  be  defaced  by  Candles fpoUcd 
the  officer,  who  (hall  make  allowance  for  ihe  duty.     8  A?i.  c.  9.  '"  "^a^'ng* 
/29. 

12.  No  maker  of  candles  fhall  (on  pain  of  zo/.)  remove  any  Removing  can- 
candles,  before  the  officer  hath  taken  account  of  the  fame,  with-  <iles  before furr 
out  giving  to  the  officer,  within  the  bills,  24  hours  notice  ;  and  ^  ^    ' 
elfewhere,  two  days  notice,  of  his  intention  to  remove  the  fame. 
8  An.  c.  9.  /  14. 

I  3.  The  maker  (hall  keep  his  candles  which  have  not  been  far   Candles  unfar- 
veyed,  feparate  from  ail  other  candles  which  have  been  furveyed,  v*^)**^  ^o  be  kept 
for  24  hours  after  making,  within  the  bills,  and  for  two  days  elfe-   ^P^"^^' 
where ;  unlefs  they  (hall  have  been  fooner  furveyed  by  the  officer : 
on  pain  of  5  /.     8  Aji.  c.  c).  /.  i  5. 

14.  If  any  officer  of  the  excife  fliall  have  caufe  to  fafpcifl:,  that  Search  for  can- 
any  candles  fire  fraudnlenily  concealed,  if  it  is  within  the  bills, 'ii"  <^onceaJed. 
thc;i  on  oath  made  by  fuch  officer  before  two  commiffioners,  or  if 

it  be  elfwhere,  then  upon  oath  before  anyjulHce  of  the  peace, 
fctting  forth  the  ground  of  his  fufpicion,  they  or  he  may  impovver 
fuch  officer  by  day  or  night  by  fpecial  warrant  (but  if  in  the  night, 
in  prefence  of  a  conftable)  to  enter  into  the  places  fufpeded,  and 
feize  and  carry  away  as  forfeited  all  fuch  candles,  together  with  the 
package  ;  and  if  any  perfon  (hall  obftruft  fuch  officer,  he  (hall 
forfeit  100/.      23  G.  2.   c.  21.  /  34. 

15.  If  any  maker  of  candles  for  fale,    (liall  mingle  candles  Further  penalty 
which  have  not  been  weighed  by  the  officer,  with  thofe  which  °'^. '■*f"°*'"S. 
have;  or  (hall  fraudulently  remove  any  before  weighing  ;  or  con-  concealinK." 
ceal  any  candles  or  materials:  he  (hall  forfeit  100/.     1 1  G.  c.  3a. 

f.  30. 

16.  Every  perfon  who  fhall  make  any  candles  within  the  bills  Entry  of  candk* 
of  mortality  (hall  monthly,  and  elfewhere  once  in  every  fix  weeks, 

make  a  true  entry  in  writing,  at  the  next  excife  office,  of  all  can- 
dles by  him  made  within  fuch  time  ;  which  entry  (hall  contain  the 
weight,  number,  and  fize  of  the  candles,  and  what  quantity 
thereof  was  made  at  each  courfe  in  the  feveral  weeks  ;  on  pain 

•  for  every  neglefl  of  entry  to  forfeit  20  /.     Which  entry  (hall  be 
■    upon  the  oath  of  the  maker  or  his  chief  workman,  according  to 

the  befl  of  their  knowledge  and  belief;  the  faid  entries  and  oaths, 
within  the  bills,  to  be  made  with  and  adminiftred  by  fuch  officer 
as  the  commiffioners  fnall  appoint  at  the  general  excife  office,  and 
elfwhere  by  the  colleftors  or  fupervifors.      8  A».  c.  g.  /.  7. 

But  he  fiiall  not  be  obliged  to  go  further  than  the  next  market 
town,  for  making  fuch  entry.    /.  8. 

17.  And  the  maker  fhall  in  four  weeks  within  the  bills,  and  Duty  to  be 
elfewhere  in  fix  weeks,  after  fuch  entry,  pay  and  clear  off  the  du-  ^^'^afed  off. 
tics ;  on  pain  of  double  duty  ;  and  no  maker  after  default  in  pay- 
ment (hall  fell,  deliver,  or  carry  out  any  candles,  till  he  hath  paid 

off  the  duty,  on  pain  of  double  value.     8  Jn.  c.  g.  /  g. 

18.  And   if  there  fhall  be  found  in  the  polTeffion  of  any  maker  Candles  not  en- 
of  candles  for  fale,  any  candles  not  mentioned  in  the  entry  made  ""^'^j  "or  duty 

■  by  him,  and  of  which  the  officer  hath  not  had  an  account,  and  P'*'*^' 

■  the  duties  have  not  been  paid;  he  (hall  be  chargeable  with  the 

•  -  duties,  and  if  he  do  not  pay  the  fame,  he  (hall  be  liable  to  double 

duty. 


348 


Candles  where 
to  be  fold. 


Ccmpounding. 


Can  lies  carried 
eoailwife. 


Exportation  and 
iaaportation. 


CjtCrXe.     {Candles) 

duty,  unlefs  he  fliall  prove  that  the  duty  hath  been  paid,  or  that 
he  bought  the  fame  of  fome  other  chandler  who  had  paid  th« 
duty,  and  that  he  gave  fix  hours  notice  in  writing  to  the  officer,  or 
at  the  next  excife  office,  of  his  intention  to  buy  the  fame,  and  of 
whom.     II  G.  c.  30.  /  29. 

19.  No  perfon  fhall  expofc  to  fale  any  candles,  unlefs  in  bis 
publick  fhop  or  warehoufe,  publick  fair  or  market  -,  on  pain  of  5  /. 
8  An.  c.  9.  /  18. 

20.  The  commiffioners  or  fuch  perfon  as  they  fhall  appoint, 
and  in  default  thereof  the  colledtor  or  fupervifor,  may  compound 
with  perfons  that  make  candles  for  their  own  private  houfes,  for 
the  duties,  at  i  s.  by  the  year  for  every  head  in  the  family,  to  be 
paid  quarterly ;  and  fuch  perfon  ftiall  not  be  liable  to  the  duties. 
8  An.  c.  9.  /  20. 

But  if  any  perfon  after  compofition  ftiall  fell  or  deliver  out  any 
candles,  or  fhall  permit  any  other  perfon  to  make  candles  in  his 
houfe  or  outhoufe;  or  fhall  have  more  perfons  of  iiis  family  than 
he  fhall  compound  for,  without  giving  notice  of  them  in  writing 
at  the  next  excife  ofHce,  at  or  before  the  next  quarter  day,  and 
paying  the  like  compofition  for  them,  he  fhall  forfeit  5  /.  and  lofe 
the  benefit  of  his  compofition,  and  be  liable  to  the  duties  and  fur- 
vey  of  the  ofHcers;  and  for  every  pound  of  candles  fo  privately 
fold  or  delivered  out  or  made,  fhall  forfeit  5  /.    /  2 1 . 

And  every  fuch  compounder,  who  fhall  make  default  in  conti- 
noing  the  fame,  fhall  in  ten  days  make  entry  upon  oath  of  all 
fuch  candles  as  he  fhall  be  poflfefTed  of,  at  the  excife  office,  on 
pain  of  forfeidng  20  /.  and  the  candles  of  which  no  fuch  entry 
fhall  be  made ;  and  in  fix  days  after  fuch  entry,  fhall  pay  the  du- 
ties, on  pain  of  double  value  of  the  candles,  and  his  houfes  and 
other  places  fhall  be  liable  to  the  fearch  of  the  officers.  9  An. 
c.  6.  /.  14. 

2 1 .  Cocquets  granted  for  fhipping  candles,  to  be  landed  in  any 
other  part  of  the  kingdom,  fhall  exprefs  the  quality,  quantity, 
and  weight,  the  mark  of  the  package,  and  by  whom  made  and 
fold,  and  where  configned  ;  and  if  ihey  fhall  be  fiiipped  without 
fuch  cocquet,  they  fhall  be  forfeited,  and  feized,  together  with 
the  package.     23  G.  2.  c.  zi.  /.  29. 

22.  No  candles  fhall  be  imported,  otherwife  than  in  fome 
package,  containing  at  leafl  zz^lb.  of  neat  candles,  and  flowed 
openly  in  the  hold ;  on  pain  of  being  feized  and  forfeited,  toge- 
ther with  the  package ;  and  the  raafter  of  the  veflel  fhall  forfeit 
50/.     23  G.  2.  c.  z\.  f.  27. 

But  on  information  brought  againfl  fuch  mafter,  he  may  detain 
the  wages  of  the  mariners,  till  it  be  determined  ;  and  if  it  fhall 
appear,  that  the  candles  were  put  on  board  by  any  mariner  with- 
out the  mailer's  knowledge,  the  mailer  may  apply  luch  mariner's 
wages,  in  payment  of  the  forfeiture.     26  G.  2.  r.  32.  /  8. 

And  the  officers  of  excife  (in  like  manner  as  the  officers  of  the 
CuRoms;  may  go  on  board  any  vefTel,  and  fearch  for  and  feize  all 
candles  forfeited,  together  with  the  package  ;  and  they  may  like- 
wife  feize  fuch  as  before  entry  and  payment  of  duties,  fhall  be 
found  unihipping  or  unfnipped,     23  G.  2.  c,  21.  /  28. 

Candles 


i 


t 


i 


€Xti(t*     (Candles,)  349 

Candles  for  which  the  duty  hath  been  paid  may  be  exported, 
and  the  duty  drawn  back.     8  J».  c.  9.  /  24,  29,  26. 

But  no  drawback  fhall  be  allowed,  on  the  exportation  of  any 
foreign  candles  imported.     23  G.  2.  c.  21.  f.  36. 

And  the  officers  of  excife  or  cuftoms  may  feize  any  candles, 
with  the  package,  that  fhall  be  found  in  any  veffel,  cart,  or  other 
carriage,  where  they  fhall  hrve  good  reafon  to  believe,  that  the 
fame  were  made  in  fome  private  workhoufe,  or  dandeftinely  im- 
ported without  payment  of  duty  ;  or  that  the  fame  have  been  ex- 
ported and  relanded  after  repayment  of  the  duty:  and  if  the  party 
in  whofe  pofTefTion  the  fame  fhall  be  found,  fhall  not  at  the  hearing 
of  the  information,  make  it  appear  that  the  duty  hath  been  paid 
or  fecured,  he  fhall  forfeit  5  /.  for  every  i  co  lb.  weight,  and  alfo 
the  candles  and  package  fhall  be  forfeited.    /,  30. 

And  if  any  foreign  candles  fhali  be  unfhipped,  with  intention 
to  be  laid  on  land,  before  entry  and  payment  of  the  duties,  or 
fhall  be  landed  again  after  fhipping  for  exportation  upon  deben- 
ture ;  the  fame,  together  with  the  package,  vefTels,  boats,  horfes, 
and  other  carriages,  ufed  in  landing  or  conveying  the  fame,  fhall 
be  forfeited,  and  may  be  feized  by  any  officers  of  the  cufloms  or 
excife  ;  and  the  perfons  from  whom  the  fame  fhall  be  feized  fhall 
forfeit  5  /.  for  every  hundred  weight.    /  3 1 . 

And  if  any  perfon  fhall  knowingly  harbour  or  conceal  any  can- 
dles unlawfully  imported,  or  relanded  after  fhipping  for  exporta- 
tion upon  debenture;  he  fhall,  whether  he  claims  any  jwoperty 
therein  or  not,  forfeit  50/.  for  every  hundred  weight,  together 
with  the  candles  and  package.    /.  ^2. 

And  where  any  fuch  candles  fhall  be  feized  as  forfeited,  and  no 
perfon  fhall  claim  the  fame  in  20  days,  if  it  is  within  the  limits 
of  the  chief  office  of  excife  in  London,  the  officer  who  made  the 
feizure  may  caufe  notice  figned  by  the  folicitor  of  excife,  to  be 
affixed  at  the  Royal  Exchange,  of  the  time  of  proceeding  to  trial 
and  condemnation  of  the  fame  by  the  commiffioners  of  excife ; 
and  if  it  is  out  of  the  faid  limits,  then  publick  notice  fhall  be 
given  by  proclamation  at  the  next  market  town  on  the  market 
day  next  after  the  faid  20  days,  of  the  day  and  place  where  the 
jaltices  will  proceed  to  trial  and  condemnation  thereof.  And  the 
judgment  thereon,  fhall  not  be  liable  to  any  appeal,  or  to  be  re- 
moved by  certiorari,    y^  3  3 . 

23.  All  the  faid  fines,  forfeittires,  and  penalties,  may  be  re- Power  of  the 
covered  and  mitigated  as  by  the  laws  of  excife,  or  in  the  courts  at  jufti«s. 
Wejlmirjler ;  and  diflributed  half  to  the  king,   and  half  to  him 

that  fhall  inform  or  fue.     8  An.  c.  9.  /.  28.     ii  G.  c.  30.  /  39. 
24  G.  2.  f.  40.  /  33. 

24.  And  if  the  party  is  not  fatisiied  with  any  judgment  of  the  Appeal* 
juftices  on  the  aft  of  23  G.  2.  c.  21.  before  mentioned,  he  may 
appeal  to  the  next  quarter  feffions,  except  in  the  cafe  before  men- 
tioned where  no  perfon  fhall  claim  the  goods  feized.    /  37. 

25.  And  on  informations  on  the  faid  aft  of  23  G.  2.  the  mi-  Mltrgatlen. 
ligation  fliall  not  reduce  the  penalty  to  lefs  than  a  fourth  part,  over 

above  the  «ofts  and  charges  to  be  allowed,    /  3H. 

z6-  And 


350  i^XtitC*     (Coaches.) 

Proof  to  lie  on        26.  And  where  candles  fliall  be  feized  for  nonpayment  of  du- 
theowner.  ^i^^^  or  noneiitiy,   and  it  fliall  be  difputcd  whether   fuch   payment 

or  entry  was  made  or  not,  the  proof  Hiall  lie  on  the  daimer,  and 
not  on  the  oflicer.      23  G.  2.  c.  21.  /  3:5. 
Utenfils  liable  to      27.   All  Candles,  materials,  and  utenfils  for  making  of  candles, 
tWuues  and     j^^  cuftody  of  any  maker  of  candles,  or  perfon  in  truft  for  him, 
'^     '  flial!  be  chargeable  with  all  duties  in  arrcar,  and  fubjeft  to  all  pe- 

nalties and  forfeitures,  in  the  fame  manner  as  if  the  debtor  or  of- 
fender were  the  lawful  owner.     8  J/:,  c.  9.  /.  19. 

///.  Coaches. 

Duty  on  coaches.  I.  For  every  coach,  berlin,  landau,  chariot,  calafh,  with  four 
wheels,  chaife  marine,  chaife  with  four  wheels,  and  caravan, 
kept  by  any  perfon  for  his  own  ufe,  or  to  be  let  out  to  hire ;  (hall 
be  paid  4/.  yearly  :  and  for  every  calafh,  chaife,  and  chair  with' 
two  wheels,  kept  by  any  perfon  for  his  own  ufe,  or  to  be  let  out 
to  hire;  ftall  be  paid  4.0  j.  yearly.      20  G.  2.  c.  10.  /.  I. 

But  this  (hall  not  extend  to  liccn//:^  hackney  coaches,  within  Lon- 
don and  Wijhninjler  and  the  fuburbs  thereof,  not  employed  in  car- 
rying perlons  more  than  ten  miles  from  the  faid  cities,     f.  \\. 

Nor  to  coaches  kept  for  f.de :  But  no  fuch  carriage  fhall,  whilft' 
in  pofleffion  of  the  coachmaker  or  other  perfon,  be  employed  for 
his  own  ufe,  or  for  the  ufe  of  any  other  perfon  (other  than  fuch 
whofe  carriage  ikall  be  then  and  there  mending),  or  be  let  out  to 
hire;  on  pain  of  20/.     /.  12. 

Nor  to  any  publkk  Jiage  coach,  which  is  conftantly  employed  in 
carrying  paflcngers  for  hire,  on  certain  fixed  days  in  every  week, 
and  not  let  to  hire  by  way  of  by  jobb,  for  a  day,  or  any  longer 
time.     /  7. 

Nor  to  any  poli  chaife  kept  for  hire  by  the  poftmafter  general, 
or  any  deputy  pollmalter  :  But  fuch  poll  chaifes  ihali  in  30  days 
after  letting  out  the  fame,  be  entred  by  the  owners  at  the  next 
office  of  excife  ;  and  fliall  (befides  the  king's  arms)  have  fuch  mark 
of  diilinftion  fixed  thereon,  as  fhall  be  appointed  by  the  commif- 
fioners ;  on  pain  of  20  /.     f.  8,  9. 

And  the  commifiioners  fnall  caufe  a  mark  of  diftinflion  to  be 
fixed  on  every  fuch  carriage,  that  Ikall  be  let  out  to  hire  ;  and  if 
any  perfon  lliall  let  out  to  hire  any  fuch  carriage  without  fuch 
figure  fixed  thereon,  or  fhall  take  off  the  fame  when  fixed ;  he 
fhall  forfeit  20/.    /  10. 

Moreover,  no   perfon  fhall  be  obliged  to  pay.  the  faid  yearly 

fum  of  4/.   for  more  than  five  fuch  carriages  kept  for  his  own  ufe 

only;  but  if  he  keep  the  lame  for  fupplying  any  v/aking jobb,  by 

the  day,  week,  month,  quarter,  or  any  other  time,  or  to  be  let 

out  to  hire,  he  fhall  pay  4/.  for  each,  tho'  exceeding  the  number 

of  five  ;  and  every  perfon  who  (hall  keep  fuch  carriage  with  two 

wheels,  to  be  let  out  for  hire,  fhall  pay  \0i.  yearly  for  each,  tho' 

exceeding  the  number  of  five.    /  2. 

Entry  anJ  pay-         2.  Every  perfon  who  fliall  keep  fuch  coach  or  other  carriage, 

menc  01  ihu-  du-  f}iall  in  20  days  after  he  fhall  begin  to  keep  the  fame,  and  within 

*'"■  todays  yearly  after  the  expiration  of  12  kalendar  months  after 


€]CClXe*     (Coaches.)  351 

the  time  of  giving  fucii  firll  notice, — give  notice  in  writing,  at 
the  chief  office  of  excife  in  London  (if  within  the  bills)  ;  and  elfe- 
where,  fliall  give  notice  at  the  next  office  of  excife, — -cf  his  keep- 
ing the  fame,  and  the  number,  and  whether  v/ith  four  or  two 
wheels,  and  where  he  refides ;  and  at  the  fame  time  pay  down  the 
duties:  on  pain  of  20/.    yi  4,  5. 

But  if  the  duties  are  paid,  and  entry  made,  before  information 
brought,  the  party  fhall  not  be  profecuted,  tho'  it  be  not  ftridly 
withm  the  time  limited.    /  15. 

And  the  faid  entry  and  payment  {hall  be  regiflred  by  the  proper 
officer,  and  a  receipt  given  for  the  duty,  of  which  receipt  the  of- 
ficer fhall  keep  an  indented  duplicate.    /.  6. 

3.  Where  a  perfon  fhall  die  before  the  end  of  the  year,  the  Pcn'on  dying  bs- 

perfon  claiming  title  to  the  coach,  may  ufe  it,  as  the  deceafed  ^°^^  ^^°  «"'!  «* 

•uk         A  ^  ,(.  ti»e  year, 

might  have  done.    /.  16.  ' 

4.  All  the  faid  rates  and  duties,  and  all  forfeitures  and  offences,  Power  of  the 
fhall  be  determined  by  the  commiffioners  of  excife  (or  of  appeal?,  jufticss. 

in  cafe  of  appeal),  within  the  limits  of  the  chief  ofiice  in  London  ; 
and  elfewhere,  by  two  juftices  near  ;  who  Ihall,  on  complaint  upon 
oath,  fummon  the  party,  and  on  his  appearance  or  contempt,  may 
examine  the  fa6l,  and  on  proof  thereof  either  by  confeffion,  or 
oath  of  one  vvitnefs,  give  judgment,  and  illue  warrants  for  levy- 
itig  penalties  by  dillrefs  and  fale  (if  not  redeemed  in  14  days)  ; 
which  fhall  be  employed  (all  neceiTary  charges  firft  dedutTted)  half 
to  the  ufe  of  the  king,  and  half  to  the  informer  ;  and  for  want  of 
fufficieut  diflrefs,  they  may  imprifon  the  party  till  fatisfaftion  is 
made.    /  13,  14. 

[But  as  thefe  duties  chiefly  afFe£t  the  nobility  and  perfons  of 
dirtinftion,  it  had  been  better  if  the  ad  had  been  more  explicit 
with  refped  to  the  punifhment ;  otherwife  it  may  not  be  fo  fafa 
for  juftices  of  the  peace,  upon  fuch  vague  and  general  words,  to 
iirprifon  a  peer  of  the  realm,  or  diflrain  the  goods  of  a  member 
of  parliament  during  their  feffion.  But  if  the  juflices  will  pro- 
ceed, or  fhall  be  compelled  by  mnrdatnus,  or  otherwife,  fo  to  do ; 
they  mull  remember  withal,  that  by  the  27  G.  2.  c.  20.  they 
may  not  order  the  diflrefs  to  be  detained  more  than  eight  days,  nor 
lefs  than  four.] 

5.  Perfons  aggrieved  by  the  determination  of  the  juftices,  may  Appeal, 
appeal  to  the  next  quarter  feffions.    /.  1 3. 

//^.  Coffee,  tea,  and  chocolate. 

I .  For  all  coffee  imported,  fhall  be  paid  at  the  cuftom  houfe,  Duty  on  cofFce. 
in  the  whole,  the  fum  of  3  ^.  a  pound.      10  G.  c.  10.  f.  48,  49. 

And  an  inland  duty,  to  be  paid  by  the  maker  or  feller,  of  2  x. 
a  pound,     id.  f.  4,  6. 

^   Except  coffee  of  the  growth  of  the  Britijh  plantations  in  Ame^ 
rica ;  which  fhall  pay  only    u.   6d.  a  pound.     5  G.  2.  c.  24. 

.    z.  No  tea  fhall  be  imported,  but  from  the  place  of  it;  growth  ;  Duty  on  tta. 
•n  pain  of  forfeiture.     11  G,  c.  30.  /  8. 

And 


352  €%tiU*     (Coffee,  &c.) 

And  by  the  i8G.  2.  c.  26.  Over  and  above  the  cunonii  on 
importation,  there  fhall  be  paid  on  all  tea,  an  inland  duty  of  i  s. 
a  pound,  and  z^  I.  for  exery  100/.  of  the  grofs  price  at  which  it 
ihall  be  fold  at  the  EaJ}  India  company's  fales ;  which  (hall  be  paid 
in  ready  money  by  the  proprietor  to  the  colledor,  before  it  be 
taken  oat  of  the  warehoufe.    /.  2. 

In  order  to  which,  the  commifliooers  may  appoint  officers  to 
attend  at  the  Eafi  India  company's  Tales,  and  take  an  account  of 
the  names  of  the  buyers  and  prices,  and  make  report  thereof  to 
the  commiiTioners  ;  from  whence  the  25  /.  per  cent,  (hall  be  afcer- 
tsined  ;  and  to  prevent  millakes,  the  faid  officers  may  inrpe"^  the 
company's  books,      i  S  G.  2.  c.  26.  /  6. 

And  every  perfon  declared  the  belt  bidder  at  fuch  fale,  {hall 

within  three  days  after,  depofit  with  the  company  or  their  clerk 

40  s.  for  every  tub  and  chelt  of  tea,  on  pain  of  fix  times  the  value, 

and  fuch  fale  fhall  be  void,  and  the  fame  fhall  in  14  days  after  be 

put  up  again,     f.  7. 

Duty  on  cocoa         4-   No  chocolate  ready  made,  or  cocoa  pafte,  (hall  be  imported. 

Huts  and  choco-  on  pain  of  forfeiting  the  fame,  and  double  value ;  and  alfo  the 

"^**  bags,  ca(ks,  and  other  package.      \oG.  c.  10.  f.  2. 

For  cocoa  nuts  imported,  (hall  be  paid  at  the  cuftom  houfe  in 
the  whole,    ioj.  a  hundred  weight.      10  C  c.  10.  f.  47,  49. 

And  if  any  perfon  (hall  import  any  cocoa  nut  (hells  or  hu(ks, 
without  the  nuts,  the  officers  of  the  cuftoms,  excife,  or  inland 
duties,  may  feize  them,  with  the  bags,  boxes,  and  package;  and 
after  condemation  they  fliall  be  deftroyed  or  otherwife  difpofed  of, 
as  the  refpedlive  commi(rioners,  or  three  of  them  (hall  appoint ; 
and  they  may  reward  fuch  officer  in  any  fum  not  exceeding  zos. 
a  hundred  weight.     4G.  2.  r.  14.  /  12. 

For  all  chocolate  made  or  fold  in  Great  Britain,  (hall  be  paid 
by  the  maker  or  feller,   \  s.  6  d.  ?l  pound.     loG.  c.  10.  /.  6. 
Officers  of  excife      ^_  -pjjg  excife  officers  may  go  on  board  any  (hips,  and  fearch 
Md'jearch    "^'^   ^^  ^^^  officers  of  the  cuftoms  may  do,  for  co(Fee,  tea,  cocoa  nuts, 
chocolate,  and  cocoa  pafte,  and  feize  all  fuch  as  (hall  be  forfeited, 
or  (hall  be  unfliipt  without  entry  and  payment  of  duties,  with  the 
.       boxes,  bags,  and  other  package.      1 1  G.  r.  30.  /  i. 
aea^^th  °^^^Jft^         5"  '^"'^  where  any  veil'el  coming  from  foreign  parts,  and  having' 
fix  pounds  or  more  of  tea  on  board,  fhall  be  found  at  anchor,  or 
hovering  within  two  leagues  of  the  (hore,  or  be  within  the  limits 
of  any  port,  and  not  proceeding  on  her  voyage,  wind  and  wea- 
ther permitting  ;  all  fuch  tea,  with   the  chefts  and  other  package, 
or  the  value  thereof,  (hall  be  forfeited  (whether  bulk  (hall  have 
been  broken  or  not),  and  the  fame  may  be  fei^ed  and  profecuted, 
or  the  i-alue  thereof  fued  for  by  the  officers.     9G.  2.  r.  35.  /  22. 
The  faia  goods         6.  Coffee,  tea,  and  cocoa  nuts  imported,  on  entry  at  the  cu- 
£0  be  ware-        ^^^  houfe,  and  paying  or  fecuring  the  duties,  fhall  be  pat  into 
warehoufe,  to  be  provided  at  the  charge  of  the  importer,  and  to 
be  approved  of  by  the  commi(fioners  of  ihe  cuftoms.    to  G.  c.  10. 
/.  26. 
Penalty  of  not         7.  And  if  any  perfon  (hall  iftiport  any  co(Fee,  tea,  or  cocoa 
entring  and         ^^^^^  without  entry,  and  bringing  the  fame  into  the  warehoufe, 
wareuou  ,.g.       ^^^^  j.^^^  ^^^  ^^  deemed  clandeftir>ely  run,  and  may  be  feized  by 

any 


I 


i 


€nitt.     (Co fee,  Sec.)  353 

»ny  officer  of  the  cuftcms  or  inland  duties  ;  and  the  offender  fliall 
forfeit  the  fame  with  the  package,  and  the  horfes,  carts,  and  car- 
riages.     10  G.  c.  10.  /  27. 

8.  And  the  owner  of  the  faid  goods,  and  the  officer  for  the  in-  Owner  and  offi- 
land  duties  (who  fhall  be  appointed  by  the  commiffioners  of  the  "j"  ^o  have  each 
faid  duties)   fhall  have  each  a  lock  and  key  ;  and  the  owner  may  ^  °^  ^^' 
in  prefence  of  the  faid  officer,  and  of  the  warehoufe  keeper  (to  be 

appointed  by  the  commiffioners  of  the  cuHoms)  view,  garble,  and 
fort  the  faid  goods,  to  make  them  merchantable,  and  receive  them 
out  in  the  manner  hereafter  mentioned.  10  G.  c.  10.  /  26, 
29,  30. 

9.  That  is  to  fay.  As  to  coffee  and  tea  in  the  fird  place ; — If  Taking  out  of 
they  are  intended  to  be  taken  out  for  home  confumption,  the  pro-  the  warehoufe 
prietor,  within  the  bills,  Ihall  make  entry  with  the  receiver  or  f^^  home  con- 
colletftor  in  Lom'on,  of  fo  much  as  he  intends  to  take  out  of  the  fumption, 
warehoufe,  and   pay  down  the  duty ;  and  elfewhere  (hall  make 

entry  at  the  next  office,  and  pay  the  duties  to  the  colledor ;  and 
on  producing  a  certificate  figned  by  fuch  colleftor  or  receiver 
(certifying  that  he  has  received  the  duty)  to  the  warehoufe  keeper, 
he  fhall  deliver  out  fo  much  as  is  mentioned  in  the  certificate  ;  and 
(hall  deliver  a  permit  to  accompany  fuch  coffee  or  tea  fo  delivered 
out,  which  fhall  alfo  be  figned  by  an  officer  attending  the  ware- 
houfe, to  prevent  the  feizing  thereof.      10  G.  c.  10.  /".  26. 

10.  And  as  to  cocoa  nuts,  intended  to  be  taken  out  of  the  Taking  out  of 
warehoufe,  to  be  made  into  chocolate ; — an  entry  thereof  (hall  be  *^^  warehojfe 
made  by  the  proprietor  with  the  receiver  or  colledor,  as  a  charge  ^,3^,  ^^J  ^^_ 
on  hini  and  alfo  on  the  buyer ;  who  fhall  certify  fuch  entry  to  the  colate. 
warehoufe  keeper  ;  and  on  fuch  certificate,  the  quantity  of  cocoa 

nuts  mentioned  therein  fhall  be  delivered  out  with  a  permit  figned 
by  the  officer  at  fuch  warehoufe,  to  be  delivered  to  the  officer 
where  they  are  intended  to  be  carried,  that  the  fame  officer  may 
take  the  fame  into  flock.      10  G.  c.  10.  /  26, 

11.  And  as  to  coffee,  tea,  and  chocolate  intended  for  exporta-  Taking  out  of 
tlon ; — it  ffiall  be  delivered   out  of  the  warehoufe,    on  fecurity  the  warehoufe 
given  that  it  fhall  be  exported,  and  not  relanded  ;  wiiich  fecurity  chocolate   for 
(hall  be  difcharged,  on  a  certificate  under  the  common  feal  of  the  exportation, 
chief  magiftrate  in  any  place  beyond  cue  feas,  or  under  the  hands 

and  feals  of  two  known  Britijh  merchants  there,  that  the  fame  were 
there  landed,  or  on  proof  by  credible  perfons  that  it  was  taken  by 
enemies,  or  perifhed  in  the  feas.     10  G.  c.  10.  /.  26. 

But  by  the  18  G.  2.  c.  26.  No  Drawback  fhall  be  allowed  on 
tea  exported,  f.  5.  Saving  that  it  may  be  exported  to  Ireland,  or 
the  Britijh  plantations  in  /America,  without  paying  the  inland  du- 
ties before  mentioned.     21  G.  2.  r.  14. 

1 2 .  And  no  feller  or  dealer  fhall  receive  out  of  the  warehoufe,  What  quantitf 
lefs  than  one  hundred  weight  of  each  fort  at  one  time ;  except  "'*''  ^  "kea 
where  the  importation  and  delivering  in  fhall  be  in  lefs  quantities,  ****'  *'  *  ^""'' 
or  where  the  fame  fhall  be  fold  in  lots  or  parcels  lefs  than  a  hun- 
dred weight.      10  G.  c.  10.  /  34, 

13.  And  the  warehoufe  keeper  and  officer  appointed  by  the  Warehoufe 
commiffioners  of  the  inland  duties  fhall  each  of  them  keep  a  book,  keeper  and  offi- 
wherein  they  (hall  enter  an  account  of  aJl  coffee,  lea,  ftnd  cocoa  *!!i^t    ^  *" 

Vol,  I.  A*  Aato 


354 


Who  fiiall  be 
deemed 'a  dealer 
in  ccfFee,  tea, 
and  chocolate. 


Licence  for  re- 
tailing. 


H<  ufe?  of  ma- 
rufafluring  and 
iAt  to  be  eiitred 


Nfete  of  biipg. 


€%Ciit^    (Co fee,  &c.) 

nuts  brought  iiuo  and  carried  out  of  the  warehoufe,  and  the  dajr 
and  time  when,  and  how  much  was  delivered  for  home  confump^ 
tion,  and  how  much  for  exportation,  ard  the  names  of  thofe  foi 
whom  it  was  delivered  out  ;  and  fhall  every  fix  weeks,  or  oftner 
if  required,  tranfmit  an  account  thereof  in  wriiing  and  on  oath 
to  the  refpedive  coramiflioners,  with  an  account  how  much  is  re- 
maining in  the  warehoufe  :  Which  faid  commiffioners  fhall  in  one 
month  appoint  a  perfon  to  infpeft  the  books  and  warehoiifes,  and 
examine  the  accounts  ;  and  if  it  fhall  appear  thai  any  was  other-* 
wife  delivered  out,  or  before  payment  of  the  duties  en  fuch  coffee 
and  tea  as  were  fold  for  home  confumption,  or  giving  fecurity  for 
what  was  delivered  for  exportation,  the  warehoufe  keeper  and  of- 
ficer refpecl^ively  offending  fhall  forfeit  loo/.  and  be  di fabled  to 
hold  any  publick  ofRce.      loG.  c.  \o.  f.  29. 

I  \.  Every  perfon  who  fhall  keep  a  publick  houfe,  fhop,  cellar, 
or  other  warehoufe,  for  felling  of  brandy  or  other  fpirituous  li- 
quors, and  fhall  have  in  his  cullody  any  coffee,  tea,  chocolate,  or 
cocoa  nuts  above  fix  pounds  weight,  fhall  be  deemed  a  dealer  in 
the  faid  commodities.     1 1  G.  c.  30.  f.i^. 

15.  No  perfon  fhall  be  permitted  to  fell  or  retail  any  coffee, 
chocolate,  fherbet,  or  tea,  without  licence  firfl  had  by  order  of 
the  general  feffions  of  the  peace  in  the  refpective  counties  (certifi- 
cate being  Erft  llicwed,  that  he  hath  given  good  fecurity  for  pay- 
ment of  the  duties  to  the  king)  ;  or  from  the  chief  magiflrate  of 
the  place  in  whofe  jurifdidlon  he  fliall  inhabit.  And  no  licence 
fliall  be  granted  to  any  retailer,  till  fuch  fecurity  fhall  be  given  by 
recognizance  or  otherwife  :  For  which  licence,  recognizance,  and 
fecurity,  i  2  a.  ihall  be  given,  and  no  more,  for  the  payment  of 
the  excife.  And  perfons  felling  without  fuch  licence  and  fecurity, 
Ihall  forfeit  5  /.  a  month.      1  5  C.  2.  r.  1 1.  /  1  v 

16.  Every  druggift,  grocer,  chandler,  coffee  houfe  keeper, 
chocolate  houfe  keeper,  and   other  perfon  felling  or  dealing  in 

'  coffee,  tea,  and  cocoa  nuts,  or  making  or  felling  chocolate,  either 
by  wholefale  or  retail,  fliall  before  he  take  any  the  faid  goods  into 
his  poflefTion  make  entry  in  writing  of  all  florehoufes,  fhops, 
rooms,  and  other  places  intended  to  be  ufed  by  him,  at  the  of- 
fice for  the  divifion  ;  on  pain  of  forfeiting  200/.  and  the  faid 
goods  found  therein,  with  the  caniflers,  bags,  vefTeis,  and  other 
package.     10  G.  r.  10.  /.  10, 

And  no  entry  of  any  fhop,  warehoufe,  room,  or  utenfil  for 
carrying  on  any  trades  aforefaid,  fliall  be  deemed  a  legal  entry, 
unlefs  made  in  the  name  of  the  real  owner  of,  and  trader  in  fuch 
fhop  ;  and  the  perfon  who  acls  as  vifible  owner  of  fuch  place,  or 
prii;cipal  manager  in  fuch  trade,  fliall  be  deemed  the  real  owner 
and  trader,  and  confequently  liable  for  any  Hock  found  there,  or 
for  not  making  entries,  or  othe-  offences.      18  G.  2.  c.  z6.  /  8. 

And  none  of  the  faid  goods  fliall  be  offered  to  fale  but  in  places 
cp.tred,  or  in  a  warehoufe  to  be  approved  of  by  the  commifnoners ; 
on  pain  of  forfeiting  the  fame  and  treble  value,  together  with  the 
canillerf,  bags,  and  other  package.      10  G.  c.  \o.f.\A.. 

17.  No  coitee,  tea,  cocoa  nuts,  or  chocolate  fhall  be  brought 
inio.anjf  f«ch.Jhc>p.oi,0£]3uer  place,  without  firfl  giving  notice  there- 
.:    •_  *   .•-  .      -       ■  cf 


excik.     (Co fee,  &c.)  355 

of  to  the  oiricer  of  the  divifion,  and  leaving  with  him  a  certificate 
figned  by  the  officer  of  the  divifion  from  whence  they  were  brought, 
that  the  duties  on  fuch  cofFee,  tea,  and  chocolate  have  been  paid, 
or  that  they  have  been  conaemned  as  forfeited  ;  and  in  cafe  of 
bringing  in  of  cocoa  nuts,  that  they  have  been  entred  with  the 
officers  of  the  cuftoms,  or  were  condemned  as  forfeited ;  and  ex- 
preiTing  the  quantity  and  quality,  and  where  the  duties  were  paid, 
or  at  what  port  the  cuftoms  and  duties  were  paid  for  the  cocoa 
nuts,  or  were  condemned^  on  pain  of  forfeiting  the  fame  and 
treble  value,  with  the  canillers,  bags,  and  other  package.  loG. 
c.  lo.  /  II. 

1 8.  And  where  any  of  them  fhall   be  fold  in  the  faid   entred  Permit  wh?n 
islaces,  above  the  weight  of  G/h.  the  officer  fhall,  on  requeft  of  ^''^J*  ^°  ^^^  ^^' 
the  feller,  give  to  the  buyer  a  certificate  figned  by  him,  exprefling 

the  quantity,  and  the  names  of  the  buyer  and  feller,  and  that  the 
duties  have  been  paid,  or  that  the  cocoa  nuts  have  been  entred 
with  the  officers  of  the  cufloms,  or  that  they  have  been  condem- 
ned as  forfeited ;  which  certificate  fhall  be  left  with  the  oiHcer  of 
the  divifion  to  which  the  fame  is  intended  to  be  carried,  to  prevent 
the  feizing  thereof.      lo  G.  c.  lo.  /  I5. 

19.  The  ofncers  fhall   be  permitted   at  all  times  by  day,  to  Officers  to  fntef 
enter  all  wnrehoufes,  fhops,   2nd  otl^e;   places,  and  by  v.'eighing,  ^"'^  'urvey. 
gaging,  or  otherwife,  to  tai:e  an  account  of  the  quantity  and  forts ; 

in  the  weighing  whereof  the  owner  fhall  be  afTifting,  and  keep 
juft  weights  and  fcales ;  on  pain  of  100/.      10  G.  c.  10.   f.  iz. 

20.  And  if  any  oflicer  llxall  have  caufe  to  fufpeft,  that  any  the  Ecirclv  for  goods 
faid  goods  fhall  be  cor.cealed,  if  it  is  within  the  bills,  then  on  oath  c^cealed, 
made  before  two  commiffioners,  or  elfewhere,  before  one  or  more 

jultices,  fetting  forth  the  ground  of  his  fufpicion,  they  may  by 
warrant  authorize  fuch  officer  by  day  or  night,  but  if  in  the  night 
then  in  prefence  of  a  conflable,  to  enter  the  place  fuipefted,  and 
feize  and  carry  away  the  fame  (if  found)  as  forfeited,  together 
with  the  bags,  canifters,  and  otncr  package;  and  if  any  perfon 
Ihali  obftruct  fuch  ofScer,  he  fhall  forfeit  ico/.  loG.  r.  10.  /]  i  3. 
And  if  any  feller  or  dealer  fliall  conceal  any  the  faid  goods,  he 
fhall  forfeit  the  fame  and  treble  value,  wirh  the  caniiter?,  bags, 

-and  other  package ;  and  if  any  perfon  fhall  obflruft  the  ofncer  in 
feizing  any  the  laid  goods  by  virtue  of  this  or  any  future  act,  or 
after  ieizure  fhall  endeavour  to  refcue  the  fame,  or  break  or  da- 
mage the  vefTels  or  pack?ge  ;   he  fhall  forfeit  50/.     /.  39,  40. 

And  by  the  1 1  G.  c.  30.   Two  coromillioners  of  any  jultice  cf 
peace,  on  co^)p]ain^  by  an  officer  on  oath,  that  he  fufpedts  any 

•dealer  not  to  have  made  true  entriesj  fetting  forth  in  fach  oaUi 
the  caufes  of  his  fufpicion,  may  fummcn  fuch  fufpected  perfon  to 
appear  with  hi?  bool:s.  and  examine  him  on  oath  touching  the 

-truth  of  his  entry  ;  and  if  he  ihall  refufe  or  negkd  to  appear,  or 

'  t©  make  fuch  oa'h.  he  fh^il  forfeit  20/     /  12. 

21.  No  perfon  (hall  mix  With  coffee,  to  increafe  the  weight,  True  rranuG':- 
any  butrer,  gie.ife,  wattr,  or  other  m.atwials  ;  on  pain  of  100/.  '^'-"''"S  «*  coff-t,  ' 
and  if  any  dealer  (hall  knowinj^ly  buy  or  ieil  any  fo  mixed,  he 

ft>all  futieii    loc/.      1 1  G.  e.  3,0/9. 

A  -:i   2  '  And 


56 


True  manufac* 
turu^g  of  tea. 


True  manufac- 
turing and 
ftamping  of  cho- 
colate. 


eXCift.     (Coffee,  &c.) 

And  the  commiflloners  may  appoint  houfes  and  proper  materials 
for  roalHng  of  coffee  berries,  and  officers  to  attend  them,  and  one 
perfon  at  each  houfe  well  fkiiled  in  roafting  of  coffee  ;  to  which 
all  perfons  may  refort  to  have  their  coffee  berries  roafted,  bringing 
2  certificate  from  an  officer  that  the  duties  havfe  been  paid,  or  that 
it  hath  been  condemned  as  forfeited ;  for  the  roalHng  of  which 
coffee  fhall  be  paid  8j.  a  hundred  weight.      lo  G.  r.  lo.  /  31. 

But  the  fellers  and  dealers  may  if  they  think  proper,  fend  their 
own  roaflers ;  who  fhall  be  permitted  to  roall  the  fame,  paying  3  /. 
a  hundredweight.      10  G.  c  10.  /.  32. 

And  during  the  continuance  of  fuch  roafting  houfes,  no  coffee 
berries  fhall  be  roafted,  burned,  or  dried,  but  in  one  fuch  houfe  ; 
on  pain  of  forfeiting  the  fame,  and  5  j.  a  pound.   loG.  c.  \o.  /.  33. 

And  if  any  officer  or  roafter  fhall  neglcd  or  refufe  to  attend 
fuch  houfe,  he  fhall  forfeit  10  /.  for  the  firlf  offence,  and  20/.  for 
the  fecond,  and  be  incapable  to  hold  any  office  in  the  revenue. 
loG.  f.  JO.  /.  34. 

22.  No  dealer  in  tea,  or  manufadurer,  or  dyer  thereof,  fhall 
adulterate  it,  or  alter,  or  manufadure  it  with  any  drug,  or  mix  it 
with  any  leaf  or  other  ingredient ;  on  pain  of  forfeiting  the  fame, 
and  100  /.     1 1  G.  c.  30.  /  5. 

And  by  the  4  G.  2.  c  14.  If  any  dealer  in  tea  fliall  dye,  or 
manufadlure,  any  floe  leaves,  liquorice  leaves,  or  the  leaves  of  tea 
that  have  been  ufed,  or  any  other  leaves  in  imitation  of  tea,  or 
fhall  mix  or  colour  fuch  leaves  of  tea,  with  terra  japonic^,  fugar, 
moloffes,  clay,  logwood,  or  any  other  ingredients ;  or  fhall  offer 
to  fale,  or  have  in  his  cuflody  any  fuch  leaves  in  imitation  of  tea, 
or  any  fuch  flained  leaves  of  tea  mixed  with  any  ingredients ;  he 
ihall  forfeit  for  every  pound  weight  thereof  10/.     /.  1 1 . 

23.  The  maker  of  chocolate,  if  within  the  bills,  fhall  weekly, 
and  elfewhere  every  fix  Weeks,  make  entry  in  writing  at  the  next 
office,  of  all  chocolate  made  by  him  within  that  time,  fetting  forth 
the  weight  thereof,  on  pain  of  50/.  Which  entry  fhall  be  upon 
oath  of  the  maker  or  his  chief  workman,  according  to  the  bell  of 
his  knowledge  and  belief,  to  be  adminiftred  within  the  bills  by 
fuch  officers  as  the  commiffioners  fhall  appoint,  and  elfewhere  by 
the  colledlors  and  fuperrifors.  But  no  perfon  fhall  be  obliged  to 
go  further  to  make  entry,  than  the  next  market  town,  i  o  G. 
c.  10.  /.  17. 

And  he  fhall  in  one  week  within  the  bills,  and  elfewhere  in  fix 
weeks  after  entry,  clear  off  the  duties,  on  pain  of  50/.  befides 
the  duty  ;  and  he  fhall  after  default  in  payment,  fell  or  deliver 
none  out  till  the  duty  is  paid,  on  pain  of  treble  value.  10  G. 
c.  10./.  18. 

And  he  fhall  at  the  time  of  entry  produce  the  fame  fo  made, 
tied  with  thread  in  papers  of  one  pound  each  ;  which  Ihall  be 
marked  or  flamped  by  the  officers.      10  G.  r.  10.  /  19. 

And  if  any  perfon  fhall  counterfeit  the  faid  llamp,  or  fhall 
knowingly  fell  any  chocolate  with  a  counterfeit  llamp  ;  or  fliall, 
on  chocolate,  for  which  no  entry  hath  been  made,  nor  the  duties 
paid,  fix  any  paper  with  the  liamp  on  ;  he  fhali  forfeit  500  /,  and 


excite.     {Coffee,  Src.)  357 

be  commiited  to  the  pext  county  gaol  for  twelve  months.  lo  G. 
(.  10.  /  22.     II  G.  c.  30.  /  13. 

And  if  any  ftamped  chocolate  (hall  be  damaged,  the  owner 
may  in  prefence  of  an  officer  open  it,  and  deliver  the  Itamps  to 
the  officer,  and  work  it  over  again  with  frefh  cocoa  nuts,  and  have 
it  rellamped,  paying  duty  for  what  is  added.      1 1  G.  c.  30.  /,  14. 

But  on  reworking  chocolate,  proof  Ihall  be  made  (before  the 
commillioners  within  the  bills,  and  before  two  juftices  elfewhere) 
that  the  duties  for  tbe  cocoa  nuts  whereof  it  was  made,  and  for 
thofc  alfo  which  are  add/:d,  have  been  paid,  and  the  chocolate 
entrcd.      1 1  G".  c.  30.  /  1  5. 

24.  If  any  perfon  (hall  be  minded  to  make  chocolate  for  his  chocc^Ate  made 
own  family,  and  not  for  fale,  and  (hall  give  notice  thereof  under  for  private  fa- 
his  hand  to  the  officer  of  the  divifion,  three  days  before  he  begin  ™liM« 

to  make,  in  which  notice  (hall  be  fpecified  the  quantity  of  cocoa 
nuts  defigned  to  be  made  into  chocolate,  the  name  of  the  perfon 
to  be  employed  in  the  making,  and  the  place  where  ;  in  fuch  cafe 
the  officer  (hall  give  a  permiffion  under  his  hand  for  making  the 
fdme,  and  tiie  place  (hall  not  be  liable  in  reiped  thereof  to  be  fur* 
veyed.      loG.  r.  10.  /  23. 

And  the  perfon  for  whom  it  is  made,  (hall  in  three  days  after 
finilhing,  make  entry  on  oath  with  the  officer,  of  the  whole  quan- 
tity then  made  by  virtue  of  f'^ch  permit,  and  biing  the  fame  wrapt 
up  as  before,  to  have  it  (lamped,  and  (hall  pay  the  duty;  and  in 
default  thereof,  (hall  forfeit  the  fame,  and  treble  value.    /  24. 

And  no  perfon  (hall  be  permitted  to  make  into  chocolate  for  his 
own  private  ufe,  lefs  than  half  a  hundred  weight  of  cocoa  nuts  at 
a  time.    /  25. 

25.  And  if  any  perfon  fhall  offer  any  tea  to  fale,  not  having  a  p^n^jty  ^f  rt- 
permit ;  or  if  any  pedlar  or  other  trading  perfon,  going  from  tailing  the  fame 
town  to  town,  or  other  mens  houfes,  and  trading  either  on  foot,  without  a  per- 
or  with  any  horfe  or  other  cattle,  or  otherwife,  (hall  offer  any  fuch  '".'^  ""^  pedlart 
tea  to  fale,  altho'  he  have  a  permit;  the  perfon  to  whom  it  is  of-  *'  °'^^' 
fered  to  fale,  may  feize  and  detain  the  fame,  and  carry  it  to  the 

next  warehoufe  belonging  to  the  cuftoms  or  excife,  and  biing  the 
perfon  before  a  juftice  of  the  peace  to  be  by  him  committed  to 
prifon,  and  profecuted  for  the  penalties  incurred  for  fuch  offence ; 
and  fuch  tea  may  be  profecuted  in  the  name  of  the  perfon  who 
(lopped  or  feized  the  fame,  in  like  maimer  as  if  it  bad  been  feized 
by  an  officer.     9  G.  2.  c.y^.  f.  20. 

.  And  none  of  the  faid  goods  above  fix  pounds  weight,  (hall  be 
removed  or  carried  from  one  part  of  the  kingdom  to  another, 
without  a  permit  (Jgned  by  an  officer,  fignifying  the  names  and 
places  of  abode  of  the  buyer  and  feller,  and  the  quantity  and  fpe- 
cies  of  the  goods,  and  that  the  duty  hath  been  paid,  or  the  cocoa 
nuts  entred  as  aforefaid,  or  that  they  have  been  condemned  as  for- 
feited ;  on  pain  of  forfeiting  the  fame,  together  with  the  canifters, 
bags,  or  other  package:  Which  permit  (liall  be  left  with  the  of- 
ficer of  the  divifion  to  which  the  (iame  (hall  be  carried,  to  prevent 
the  feizure  thereof;  in  which  permit  (hall  be  exprefled  the  time 
for  which  it  (hall  conunue  in  force.     10  G.  f.  to.  /  16. 

A  a  3  And 


358 


Account  to  be 
kept  of  fmall 
quantities  con- 
fumed. 


Power  of  the 
)ufticej. 


Proof  to  lie  on 
the  chimer. 


Condemnation 
and  fale. 


it%tik.     {Coffee, '  Sec.) 

And  if  any  j^rfon  fliall  take  out  a  permit  for  removing  coffee, 
tea,  or  cocoa  nuts,  and  fhall  not  fend  away  the  goods  within  the 
time  limited,  nor  return  the  permit,  he  {IiaII  forfeit  treble  value  ; 
and  if  there  fhall  not  appear  a  fufficient  decreafe  made  in  the  (lock 
to  anfwcr  the  quantity  in  the  permit,  the  ofTicer  may  feize  fo  much 
of  the  faid  Itock  as  forfeited,  as  will  anfwer  the  (aid  quantity  in 
the  permit :  But  no  perfon  fhall  receive  a  permit,  without  the  di- 
reftion  in  writing  of  the  perfon  (or  his  fervant)  from  whofe  ftock 
the  goods  are  to  be  removed ;  on  pain  of  50/.  and  in  default  of 
payment,  he  fhall  be  imprifoned  three  months.    11  G.  e.  30./  1 1. 

26.  All  fellers  and  dealers  in  any  the  laid  goods,  and  all  makers 
of  chocolate,  and  coffee  or  chocolate  houfe  keepers,  v;ho  fhall 
fonfume  the  fame  in  fmall  quantities  under  fix  pounds,  fhall  keep 
an  account  of  all  coffee,  tea,  chocolate,  and  cocoa  nuts  which 
they  fhall  confume  in  each  day  ;  and  every  night  enter  in  a  book 
an  account  of  the  grofs  quantities  retailed  by  them  under  fix 
pounds ;  and  fhall  keep  another  book,  wherein  they  fhall  enter 
each  parcel  above  fix  pounds,  which  they  fhill  fell  in  each  day, 
which  fhall  not  be  removed  without  a  permit  from  the  officer,  e'x- 
prelling  the  quantity  and  quality,  and  the  name  of  the  feller  and 
buyer,  and  where  it  is  to  be  carried,  and  that  the  duties  were 
paid,  or  the  cocoa  nuts  entred,  or  that  they  were  condemned  as 
forfeited  ;  which  books  fhall  be  prepared  by  the  commifTioners, 
and  by  them  dehvered  on  demand  to  fuch  fellers  and  dealers  :  and 
when  the  books  fhall  be  filled  up,  they  fhall  be  returned  to  the  of- 
ficer upon  oath  of  the  truth  of  the  entries  ;  and  the  faid  books  fhall 
from  time  to  time  lie  open,  and  be  peruled  by  the  officer :  And  if 
fuch  feller  or  dealer  fhall  omit  his  duty  in  regard  to  the  faid  books, 
he  fhall  forfeit  100/.      10  G.  f.  10.  y"  3 -. 

But  by  the  12  G.  c  28.  No  dealer  in  cocoa  nats  fhall  difpofe  of 
lefs  than  28  pounds  at  a  time,  and  then  fliall  enter  in  writing  the 
name  and  place  of  abode  of  the  perfon  to  whom  fold,  and  on  de- 
mand fhall  produce  fuch  account  to  the  officer ;  on  pain  of  20/. 
for  each  pound  of  cocoa  nuts  otherwife  difpofed  of,  and  of  20/. 
for  default  about  the  entry.    /  29. 

27.  All  the  faid  penalties  and  forfeitures  fhal!  be  recover-cd  and 
mitigated  as  by  the  laws  of  exrife  or  in  the  courts  at  JVeJ}mi»Jier ; 
and  be  employed  half  to  the  ufe  of  the  king,  and  half  to  the  in- 
former. 10  G.  c.  10.  /!  41.  II  G.  c.  30.  /  39.  4  G.  2.  c.  14. 
f.  10.      18  G.  2.  c.  26.  /  14.      24G.  2.   c.  40    /.  3^. 

And  by  the  12  G.  c.  28.  the  penalties  on  the  (aid  afl  fhall  be 
recovered  as  by  the  laws  of  the  culloms  or  excife  refpeftively. 

/  33- 

28.  And  on  difputes  whether  the  dut'es  have  been  paid,  the 
proof  fhall  lie  on  the  claimer,  and  not  on  'che  officer.    10  G.  c.  10. 

29.  The  cpmmiinoners  fhall  caufe  all  tea  and  coffee  feized  in 
Lotidon,  and  condemned,  to  be  fold  there;  and  if  feized  elle- 
vvhere,  they  fhall  caufe  it  after  condemnation  to  be  brought  and 
fold  in  London.  12  G.  c'.  zS.  f  I.  Or,  after  having  been  firft  va- 
lued by  fworn  valt>er?,  they  may  be  fold  where  the  commiffioncrs 
^all  think  proper.    J.  1 6, 


CjCClTe.     (Glafs.)  359  ' 

Rut  if  they  think  fit,  they  may  caufe  fuch  tea  as  cannot  be  fold 
for  i;  .<.  a  pound,  to  be  burnt  or  othcrwife  deftroyed  ;  and  the  per- 
fon  making  feizure,  to  be  rewarded  as  they  ftiall  think  proper,  not 
exceeding  is.  6^.  for  each  pound  of  fuch  tea.     /.  3. 

30.  But  no  officer  of  the  cuftoms,  or  other  perlon,  ftiall  be  in-  Reward, 
titled  to  any  reward   for  any  feizure  of  the  faid  goods,  unlefs  he 

give  noiice  of  the  feizure  to  the  next  officer  of  exciie,  or  fuper- 
vifor,  in  48  hours;  who  fhall,  on  fuch  notice,  take  an  account  of 
the  fpecies  and  quantity  ;  nor  llisll  fuch  goods  be  removed  without 
a  permit  from  fuch  officer  of  excife,  on  pain  of  refeizure.  12  G. 
c.  28.  /.  6. 

31.  All  (lock  and  utenfils  found   in  the  (hops  or  other  places  Utennis  liable. 
aforefaid,  (hall  be  liable  to  the  duties  and  forfeitures.     18  G.  2. 

c.  26.  /  8. 

F.  Glafs. 

1.  By  the  19  G.  2.  c.  tz.    Certain  additional  duties  are  laid  up  Durv  on  ifnpor- 
cn  glafs  imported,  over  and  above  what  it  fnall  pay  by  the  2  /•f'.  tatit>a. 

SeJ/.  2.  c.  4.  and  by  the  book  of  rates  of  the  12  C.  2.  which  lliail 
be  under  the  nianagenient  of  the  commiffioners  of  the  cuftoms. 
/  2,  8. 

2.  Moreover,  there  (hail  be  paid  a  duty  of  g  j.   4(7'.   a  hundred  Inland  duty, 
weight,  upon  all  materials,  metal,  or  other  preparation  for  ma- 
king of  crown,  plate,  and  flint  glafs,  and  all  white  glafs;  and  of 

2  J.  4  rf'.  a  hundred  weight,  upon  ail  materials  for  making  common 
bottles,  and  all  other  green  glafs :  To  be  paid  by  the  maker ;  and 
to   be  under  the  management  of   the  commilTioners   of    excife. 

y  4.  5'  6,  9- 

3    In  order  whereunto,  every  mak^r  of  glafs  (hall  firft  make  Place  of  making 
entry  in  writing  at  the  next  excife  office,  of  his  name,  and  of  all  ^^  ^'^  entred. 
his  furnaces,  pots,  pot  chambers,  warehoufes,  rooms,  and  other 
places  for  making  or  keeping  of  glafs,  or  of  materials  for  ma- 
king it ;  and  if  he  (hall  ufe  the  fame,  without  firft  giving  notice 
to  the  proper  officer,  he  (hall  forfeit  50  /.    /  10. 

4.  And  he  (hail,  before  he  begin  to  (ill  any  pot,  give  12  hours  Notice  of  b?gin- 
notice  in  writing  to  the  officer,  of  the  time  and  hour  when  he  "'"S  ^°  work, 
intends  to  begin,  with  an  account  of  the  weight  of  the  materials, 

and  the  fpecies  of  glafs  to  be  made ;  on  pain  of  50  /.    /.  11. 

And  it  the  filling  be  not  begun  purfuant  to  fuch  notice,  the  faid 
notice  (h^ll  be  void.     /"  12. 

5.  The  officers  (liall  be  permitted  at  all  times,  by  day  or  night,  officer  to  enter 
to  enter  into   the  workhoufe,  warehoufe,  or  other  place  for  ma- ■"''•■  Purvey, 
king  of  glafs ;  and  to  weigh  and  take  account  of  the  quantity  of 
materials;  and   (hall  make  report  thereof  to  the  commiffioners  or 

whom  they  fnall  appoint,  leaving  a  copy  (if  demanded)  under  his 
hand,  for  the  glafs  maker;  and  if  he  Ihall  not  leave  fuch  copy  on 
demand,  he  fliall  forfeit  40  j.    /.  13. 

And  if  any  perlon  (liall  obftruft  any  officer  in  the  execution  of 
his  duty  on  this  aft,  he  ihall  forfeit  50  /.    /"  16. 

6.  And   the  maker  fliall  keep  fcjles  and  wei'^hts  at  the  place  Maker  to  kt 
■where  the  giafs  is  made,  and  alTft  the  ofllcer  in  weighing;  on ''^''^■■' '^"'^ 
ipainof5oy,    /  14.  '.vt;^h'.?. 

»   A  a  4  ,  7.  Every 


36q 

Entry  of  gUf» 


extitt.    (Hops.) 


Payment  of  the 
duty. 


Allowance  for 
glafs  fpoiled  in 
snaking. 


fxportation. 


7.  Every  maker  within  the  bills  fhall  monthly,  and  clfewhere 
once  in  fix  weeks,  make  entry  in  writing  at  the  next  excife  office, 
of  the  quantities  of  the  materials  ufed  in  each  making,  on  pain 
of  20  /.  which  entries  fhall  be  made  on  oath  before  the  commif- 
fioners  within  the  bills,  and  elfewhere  before  the  colledor  or  fu- 
pervifor.    /  17. 

But  no  maker  (hall  be  obliged  to  go  further  than  the  market 
town  where  it  is  made,  or  the  next  market  town,  for  the  making 
fuch  entries.    /  1 8. 

8.  The  maker,  within  the  bills,  (hall  in  four  weeks,  and  elfe- 
where in  fix  weeks  after  entry,  pay  off  the  duties ;  on  pain  of  doa- 
ble duty.    /.  19. 

9.  If  any  pot  filled  with  materials  (ball  crack  or  break,  where- 
by any  part  thereof  (liall  become  unfit  for  fervice,  on  proof  there- 
of to  the  commifTioners  where  fuch  glafs  houfe  (hall  be  fituated, 
they  (hall  make  an  allowance  for  the  fame.    /.  15. 

10.  Any  perfon  who  hath  paid  the  duty,  may  export  the  glafs ; 
and  have  the  duty  drawn  back  ;  and  if  it  (hall  be  relanded,  it  fhall 
be  forfeited,  or  the  value  thereof,  over  and  above  the  penalty  of 
the  bond  given  on  exportation.    /.  20,  21,  22. 

And  no  glafs  (hall  be  imported  into  Irdand,  other  than  the  ma- 
nufadure  of  Great  Britain ;  on  pain  of  forfeiting  the  fame,  and 
the  (hip,  and  10  .f.  a  pound.    /  23. 

The  like  penalty  for  exporting  glafs  out  of  Ireland,  f.  24. 

11.  The  penalties  to  be  recovered  or  mitigated  as  by  the  laws 
of  excife,  or  in  the  courts  at  Wfjimvjiir ;  and  to  be  employed, 
half  to  the  ufe  of  th^  king,  and  half  to  him  that  (hall  fue.  /  39. 

VI.  Hop. 

Putyonhops  I.  By  the  9  An,  t.  12.  an  additional  duty  of  3  /  a  pound  is 

imported.  laid  on  hops  imported,  over  and  above  all  other  duties ;  which 

(hall  be  under  the  management  of  the  officers  of  the  cuiloms. 

/«,  2,  3.  4- 

And  if  any  foreign  hops  fhall  be  landed  before  entry  and  duty 
paid,  or  without  warrant  for  landing ;  the  fame  fhall  be  forfeited, 
and  burnt  in  ten  days  after  condemnation,  and  the  fhip  alfo  (hall 
be  forfeited,  and  the  perfon  concerned  in  importing,  or  aiding  ia 
putting  them  on  fhore,  fhall  forfeit  5  /.  a  hundred  weight.  7  G.  2. 
f.  19. /i. 
puty  on  heps  2.  And  by  the  faid  aft  of  the  9  An.  c.  12.  there  (hall  be  paid 

grown  in  Great  a  duty  of  I  d.  for  every  pound  of  hops  grown  in  Great  Britain^ 
cured  and  made  fit  for  ufe ;  the  fame  to  be  paid  by  the  owner, 
within  fix  months  after  they  (hall  be  cured  and  put  into  bags ; 
which  duty  fhall  be  under  the  management  of  the  commiflioners 
and  ofiipe.'-s  of  excife.    /  i,  5. 

3.  In  order  whereunto,  every  perfon  who  (lull  plant  or  have 
growing  any  hops,  for  fale  or  not  for  fale,  fhall  yearly  on  or  be- 
tore  Aug.  1.  give  or  fend  notice  in  writing  under  his  hand,  at  the 
ne.u  office  of  excife,  or  to  the  officer  of  the  diltridt,  of  all  the 
l^op  grounds  in  his  poiTeflion,   gn4  of  liie  iiair.e  of  the  panfii, 

townfhip, 


1 


Power  of  the 
juftices. 


]0ricam. 


Hop  grounds  to 
\t  entied. 


emk.  (Hops.)  361 

townihip,  or  place,  and  the  name  of  the  owner  or  occupier ;  oa 
pain  of  40  s.  an  acre.     9  Jn.  c.  \2.  J.  6. 

But  fuch  perfon  (hall  not  be  obliged,  for  giving  notice,  to  go 
further  than  the  next  market  town.    /  7. 

And  the  officer  who  Ihall  receive  the  notice,  (hall  in  five  days 
enter  the  fame  in  a  book  to  be  kept  at  the  office  for  that  purpofe  ; 
on  pain  of  \o  s.     f.  7. 

4.  Alfo  no  perfon  (hall  ufe  any  ouft,  ftorehoufe,  or  other  place,  P'a«s  of  curing 
or  any  kiln  for  curing  or  keeping  of  hops,  unlefs  notice  thereof  tp'^g^"^"'*  ** 
fhall  have  been  given,  on  pain  of  50  /.     9  An.  c.\z.  f.Z. 

And  all  hops  ihall  in  fix  weeks  after  gathering,  be  brought  to  be 
cured  and  bagged  at  fuch  oufts  or  places  notified,  and  no  other ; 
on  pain  of  5  j.  a  pound.    /  9. 

5.  The  ofiicer  (hall  at  all  times,  by  day  or  night,  and  if  in  ofScer  to  enter 
the  night  in  the  prefence  of  a  conltable,  be  permitted  on  his  re-  and  furrcy. 
queft  to  enter  into  the  ouft,  ftorehoufe,  or  other  place,  ufed  by 

any  perfon  for  growing,  curing,  or  keeping  of  hops;  and  if  the 
planter  or  owner  fhall  obftrudt  him,  he  fhall  forfeit  20  L  9  An,^ 
c.  12.  f.  15. 

6.  The  owners  of  hops,  before  they  refpeftively  begin  to  bag  Notice  of  btf- 
or  weigh  their  hops,  (hall  fend  notices  in  \witing  under  their  hands  ?'"8  *n<i  weigh- 
to  the  next  cxcile  office  or  officer,  of  the  day  and  hour  when  they    *' 

intend  to  begin  either  to  bag  or  to  weigh  ;  which  notice,  as  to 
fuch  as  (hall  be  bagged  or  weighed  the  firft  week,  ihall  be  given 
in  24  hours  before  ;  and  as  to  every  other  bagging  or  weighing, 
48  hours ;  on  pain  of  50/.     6  G.  c.  21.  /.  z^. 

7.  And  the  excife  officer  (hall  attend  at  the  bagging  of  every  Officer  to  attenS 
parcel  of  hops,  and  at  the  weighing  thereof,  and  (hall  caufe  the  a'  ^^^  l>agg'n« 
weight  (the  tare  of  the  bag  being  abated)  to  be  marked  on  every  ^'^^  weighing, 
bag;  and  (hall  caufe  an  entry  of  the  faid  weight  tQ  be  made  in  his 

book ;  and  (hall  make  return  thereof  in  writing  to  the  commif- 
fioners  or  whom  they  (hall  appoint,  leaving  a  true  copy  (if  de- 
manded) of  fuch  return  under  his  hand  with  the  planter  or  owner ; 
and  if  he  (hall  neglcft  or  refufe  to  leave  fuch  copy  (after  demand 
in  writing,  12  G.  c.  28.  /.  30.)  he  fhall  forfeit  5  /.  9  An.  c.  \2. 
/ii. 

And  the  allowance  (hall  be  made  after  the  rate  of  ten  pounds 
fcr  untumy  upon  the  weight  of  every  bag,  for  the  tare  thereof. 
/.13. 

8.  The  owners  (hall  keep  at  their  oufts,  ftorehoufes,  and  places  Owner  to  keep 
of  keeping  their  hops,  weights  and  fcales ;  and  permit  the  officer  f"lps  and 

to  ufe  them  ;  and  fhall  not  fuffer  any  falfe  weights  to  be  ufed;  on  ^^'S^^"* 
pain  of  20/.     6G.  f.  21./26. 

9.  The  owners  may,  if  they  think  (:t,  put  the  hops  into  caflcs  Hops  may  be  put 
inftead  of  bags ;  giving  the  like  notice,  and  being  fubjed  to  the  '".t°  '^*^'^«  uifteaA 
fame   regulations,   for    eaflcing   as   for   bagging.     6  G.    c.  21."^ ''*»'• 

/.  27,  28. 

And  the  officer  (hall  caufe  the  ca(k  to  be  weighed,  and  the 
weight  to  be  marked  on  the  cafk,  and  alfo  the  weight  of  the  hops 
(herein     /  28. 

10.  No  perfon  fliall  take  any  hops  of  foreign  growth  out  of  Dec-it  in  bag- 
Ihe  bags  in  which  they  arp  imported,  and  rebjg  the  fame  in  Bri-  S'"S' 

tijh 


362 


excite.    (Hops.) 


Removal  before 


Concealing. 


Payment  of  tho 
dujy^s. 

Adulterating 
heps. 

ITfing  other 
things  inltead  of 
hops. 


Exportation. 


Penalties  how- 
to  be  recovered. 

Hops  liable  to 
diftrefs  for  the 
duties  and  pe- 
nalties. 

Cuttmg  hop 

iinds. 


tij^  bagging,  in  order  to  fell  or  export  them  as  Brih/h  hepf ;  on 
pain  of  10/.  a  hundred  weight:  Aud  if  any  perfon  fhall  endea- 
(Vour  to  defraud  the  king  of  the  duty,  by  ufing  twice  or  oftner  the 
fame  bag,  with  the  officer's  mark  thereupon  ;  he  fhall  forfeit  40  /. 
<^An.  c.  i£.  /  2  3. 

1 1.  No  planter  or  owner  lliall  (on  pain  of  50/.)  remove  from 
his  cult,  florehoiife,  or  other  place,  any  hops,  until  they  have 
been  cured,  bagged,  and  weighed,  and  the  duties  afcertained  ;  un- 
leis  where  the  officer,  after  rotice,  fhall  not  attend  the  bagging 
and  weighing.      9  Jn.  c.  iz.  /,  16. 

12.  If  any  planter  or  owner  ihail  conceal  any  hops,  to  avoid 
the  duties;  he  ihall  forfeit  20/.  and  the  hops  concealed,  g  An. 
c.iz./.iy. 

13.  And  if  any  gathrrer  of  hops,  or  other  perfon,  fhall  pri- 
vately convey  any  hops  from  the  place  of  growing,  or  where  they 
fhall  be  put  in  order  to  be  cured,  bagged,  and  weighed,  with  in- 
tent to  defraud  the  king  and  the  owner ;  he  fhall  forfeit  5  j.  a 
pound,      g  Ak.  c.  \z.  f.  18. 

14.  The  planter  or  owner  (hall  in  fix  months  after  the  hops 
fnall  be  cured,  bagged,  or  weighed,  payoff  the  duties;  on  pain 
of  double  duty,     g  ^;'w.  c.  12.  /".  14. 

15.  If  any  perfon  fnall  mix  with  hops  any  drug  or  ingredient 
to  alter  the  colour  or  fcent ;  he  fhall  forfeit  5  /.  a  hundred  weight. 
7  G.  2.  c.  ig   /  2. 

1 6.  No  common  brewer,  innkeeper,  or  viiElualler  fnall  ufe  anjr 
broom,  wormwood,  or  any  other  bitter  ingredient,  to  ferve  in- 
flead  of  hops ;  on  pain  of  20  /.  (Except  the  infufmg  of  broom 
or  wormwood  into  beer  or  ale  by  the  retailer,  after  it  is  brewed 
and  tunned,  to  make  it  broom  or  wormwood  ale  or  beer.)  9  Jn. 
c.  12.  f.  24. 

17.  Hops  which  have  paid  the  duty,  may  be  exported  to  Ire- 
land.    9  An.  c.  1 2.  y!  2  I . 

But  there  fhall  be  no  drawback  of  the  duties.  6G.  c.  11. 
/40. 

And  no  foreign  hops,  other  than  of  Britijh  growth,  fhall  be 
landed  in  Ireland.      'jG.z.  c.igf.  z. 

18.  The  penalties  aforefaid  fhall  be  recovered  and  mitigated  as 
by  the  laws  of  excife,  and  diftributed  half  to  the  king,  and  half 
to  him  that  fliall  fue.      g  An.  c.xz.f.z'o.      24G.  2.  <r.40.y.  33. 

19.  And  all  hops  in  the  cuflody  of  any  planter  or  owner,  or 
perfon  in  truft  for  him,  fhall  be  liable  to  the  duties  in  arrear,  and 
to  the  penalties ;  in  the  fame  manner  as  if  the  debtor  or  oftender 
were  the  lawful  owner.     9  An.  c.  12.  f.  19. 

20.  If  any  .perfon  fhall  unlawfully  and  malicionfly  cut  any  hop 
binds  growing  on  poles,  in  anv  plantation  of  hops  :  he  ihall  be 
guilty    of   felony    without    benctit    of   clergy.     6  G.  2.    c.  37. 

/•'  5»  '^• 

Which  offence  is  treated  of  more  at  large  in  the  title  ^DlacH 

aft. 


VM.  Ltui'hff, 


CjCCife.     {Leather.)  ^,6^ 

VII.  Leather. 

1.  By   the   4  W.   c.  5.     and   9  An.   c.  11.    and    10  Jn.   c.  26.  Duty  on  leather 
certain  additional  duties  are  laid  on  all  hides,  Ikins,  vellam,  and  imported, 
parchment  itnpoi  ted,  over  and  above  what  they  are  charged  in 

the  book  of  rates  .  which  fhall  be  under  the  management  of  the 
commiflloners  of  the  cuftoms. 

And  after  the  duty  fhall  be  paid  on  importation,  the  officers  of 
the  cuftoms  (hall  caufe  every  hide  or  fkin  to  be  marked,  to  denote 
the  payment  of  the  duty.     9  /!n.  c.  \i.  f.  b. 

2.  And   by   the  laid  afts   of  9  An.   c.  w.  and  10  Jn.  c  zb.  Duty  on  leather 
certain  duties  are  impofed  on  hides  and  ikins,  tanned,  tawed,  of  diefTed  in  Great 
drcfled  in  Grent  Britaifi ;  and  on  vellum  and  parchment  niade  in  ^"t**"' 
Great  Briuiin  ;  as  follows  : 

On  all  tanned  hides  i  a'.  \  z  pound. 

Calf,  kips,  hogs,  and  dog  (kins  tanned  \  ti.  Itl  poimd. 

Goat  fkins  tanned  wiih  fliomack,  or  otherwife,  to  refcmble  ^pa- 
tiijh  leather,  A.d.  a  potind. 

Sheep  feins  tanned  for  roans  after  the  nature  of  Spanijh  leathef, 
zd.  a  pound. 

Sheep  fkins  and  Iamb  flcins  tanned  for  glovers  and  bazils  \  d.   I         ' '    ' 
a  pound.' 

Tanned  Hcins  not  before  charged  30/.  in  the  hundred,  accord- 
ing to  the  real  value. 

All  the  above  to  be  paid  by  the  tanner. 

Horfe  hides  drefTed  in  allom  and  fait  or  meal,  or  otherwife 
tawed,   1  s.  6d.  a.  hide. 

Hides  of  fleers,  cows,  and  all  other  (except  horfe  hides  (dref- 
fed  in  allom  and  fait,  or  meal,  or  otherwife  tawed,   3  j.  a  hide.  .     . 

Calves  fkins  and  kips  dreficd  in  allom  and  fait  or  meal,  or  other- 
wife  tawed,   I  d.  I  a  pound. 

Slinks  fo  drefTed  or  trtvvcd,  with  the  hair  on,   3J.  a  dozen. 

Slinks  fo  drefTed  or  tawed,  without  hnir,    i  /,  a  dozen. 

Dog  fkins  fo  drefled  or  tawed,    i  s.  a  dozen. 

Buck  and  doe  fkins  (except  what  paid  the  duty  on  importation) 
drefled  in  allom  and  fait  or  meal,  or  otherwife  tawed,  bd.  a 
pound. 

Kid  fkins  fo  drefTed  or  tawed  (except  what  paid  the  duty  on  im- 
portation) I  J.  a  dozen. 

Goat  fliins  fo  drelled  or  tawed,   2  s.  sl  dozen. 

Beaver  fkius  fo  lawed,   2  s.  a  do?,en. 

Sheep  fkins  and  lamb  fkins  fo  dreffed  or  tawed,  i  ./.  ^-  a  pound, 
and  00  more,  altlio  they  may  have  been  dipped  or  fteeped  in  the 
tanner's  wooze  made  of  bark  or  ihoinack  before  fuch  drelTing 
iiG.  ..4./  13.) 

All  other  tawed  fkins  not  before  charged,  30/.  for  every  loo  /'. 
value. 

To  be  paid  by  the  tawers  or  makers. 

For  hides  and  flcins  drefTed  in  oil,  6d  a  pnnnd. 

peer,  goat,  and  beavers  fkins,  drelTed  in  oil^  6  a.  a  pound. 

Calves 


364  CXCitt.     (Leather.) 

Calves  fkins  drefTed  in  oil,  8^.  a  pound. 
Sheep  and  lamb  fkiiib  dieiled  in  oil,   ^J.  a  pound. 
All  fkins  drefled  in  oil,  not  btfore  charged,   1 5  /'.  in  the  hun- 
dred, according  to  the  real  value. 

To  be  paid  by  the  oil  leather  drefl'crs. 

For  all  vellum  made  in  Grmt  B>:tai>i,  3  j.  a  dozen. 
Parchment  made  in  G>eat  Bntaiu,   \  s.  bd.  z  dozen. 

But  fuch  fmall  pieces  as  have  been  commonly  called  pates  and 
tails,  and  are  tanned  alter  they  arc  cut  off  from  the  hides,  ihall 
not  be  charged  with  the  duty  by  weigh:,  but  with  the  duty  ad. 
'valorem;  and  the  lame  need  not  to  be  marked  as  is  hereafter  di- 
reded.  9  An.  c.  \\.  f.  46. 
What  it  meant  3.  By /^nW  hides  Or  Ikins,  or  pieces  thereof,  are  meant  only 

by  hides  tanned,  fuch  as  are  tanned  in  wooze  made  oJ  the  bai i:  of  trees  or  (ho- 
^'^r^  '""'''  mack;  and  by  hides  and  ^\x\%  diejfcd  in  ctl,  are  meant  fuch  as  are 
"    *      '  made  into  leather  in  oil,  or  with  any  m.iterials  whereof  the  chiefeft 

ingredient  Ihall  be  oil;   and  by  tcivtd  hides  or  flcins,  are  meant 
fuch  as  are  drefi'ed  or  made  into  leather  in  allom  and  fait,  or  meal, 
or  other  ingredients  properly  ufed  by  the  tawers  of  white  leather. 
9  Jn.  c.  II.  /'  3. 
"Wh  fliall  be  4"  Collar  makers,  glovers,  bridle  cutters,  and  others  who  drefi 

ieenieJ  tawevscr  fkins  or  hides,  or  pitces  thereof,  in  oil,  allom  and  fait,  or  meal, 
^reffcrs.  or  Other  ingredients,  and  who  cut  and  make  the  fame  into  wares, 

ihall  be  accounted  tawers  or  dreflers.     9  An,  c.  ii.  f.  26. 
Duty  ad  valorem       5'  The  value  of  the  faid  hides  and  ikins  which  are  to  pay  ad 
how  to  be  afcer-  'valorejji,  fhall  be  as  they  are  worth  to  be  fold  at  the  next  market, 
taincd.  without  refpeft  to  the  duty  ;  and  the  colledior  fhall  receive  the  du- 

ties, on  the  oath  of  fuch  tanner,  tiiwer,  or  dreffer.     9  An.  c.  \i, 

Ko  leather  to  le       6.  Any  hide  or  fkin  which  hath  once  paid  the  duty,  fhall  not  be 
twice  charged,     charged  under  any  Other  denomination.     ()  An.  c.  11.  /  3. 
Officers  for  thefe      7-  The  commifTioners  of  the  treafury  Ihall  appoint  commifTioners 
duties.  of  thefe  duties ;  who  fhall  have  the  fame  power  as  the  commif- 

fioners  of  the  excife.  9  An.  c.  11.  /  13,  3 S. 
Places  of  work-  8.  Tanners,  tawers,  curriers,  or  dreffers  of  hides  or  fkins,  and 
jug  to  be  entred.  makers  of  vellum  or  parchment,  fhall  give  notice  in  writing  to 
the  officer,  of  their  names  and  places  of  abode,  and  of  their  tan- 
houfes,  yards,  workhoufes,  mills,  or  other  places,  where  they 
intend  to  tan,  taw,  or  drefs  hides  or  fkins,  or  make  vellum  or 
parchment,  before  they  ufe  the  fame;  on  pain  of  50/.  c)Jn. 
c.  II.  /  15. 

And  if  any  perfon  fliall  not  make  fuch  entry,  or  fhall  ufe  any- 
private  tan  yard,  workhoufe,  pit,  fat,  mill,  or  place,  he  fliall 
forfeit  20/.  and  the  goods  found  in  fuch  private  tan  yard  or  place 
not  Oitred,  or  the  value  thereof,  fhall  alfo  be  forfeited.  9  An. 
c.  II.  /  17. 
Officers  to  enter  9.  The  officers  at  all  feafonable  times,  in  the  day  time,  may 
and  furvey.  enter  into  any  tan  yard,  workhoufe,  warehoufe,  mill,  or  other 
place ;  and  if  the  owner  or  occupier  (hall  refufe  him  enyance,  he 
Ihall  forfeit  10/.     ()  An.  c.  11./.  17. 

10.  Th« 


€XtiiC*     (Leather.)  365 

to.  The  faid  tanners  and  others  fhall  give  notice  to  the  officer,  Notice  of  remo- 
of  their  places  for  drying  and  keeping  of  hides  or  fkins,  vellum  ^',"6  to  the  place 
or  parchment ;  and  they  Ihall  give  two  days  notice  in  writing  to°     'i"^i' 
the  officer,    before  they  take   the  faid  goods  out   of   the  mill, 
wooze,  liquor,  oil,  or  other  materials,  in  order  to  be  dried;  and 
they  {hall  permit  the  officers  to  take  an  account  ;  and  fhall  in  two 
days  after  the  taking  out   of  the  wooze,  mill,  liquor,  or  other 
materials,  and  before  the  carrying  away  of  the  faid  goods  from 
the  place  of  drying,  make  entry  with  the  officer  of  the  number 
and  quality,  and  verify  the  fame  on  oath,  to  be  adminiflred  by 
any  juftice  of  the  peace,  or  colle»liOr  or  fupervifor;   and  they 
Ihall  not  remove  any  of  the  faid  goods,  from  the  place  of  drying, 
until  the  duty  be  firft  charged,  entred,  and  marked.     <)Jn.  c.ii. 
/.  .6. 

And  if  any  perfon  fhall  not  lend  fuch  notice  of  taking  the  goods 
out  of  the  wooze  or  other  materials,  or  not  make  due  entries,  or 
remove  any  the  faid  goods  contrary  to  this  aft ;  he  fhall  forfeit 
20  /.  and  alfo  fuch  goods  unlawfully  removed,  or  the  value  there- 
of fhall  be  forfeited.     /  17. 

11.  And  if  any  tanner  or  other  fuch  perfon  fhall  conceal  any  Conccalinj  t» 
hide  or  fkin,  vellum  or  parchment,  or  any  part  thereof;  he  Ihall  avoid  the  duty, 
forfeit  2c/.  and  alfo  the  goods  concealed,  or  the  value  thereof. 

9  Jn.  f.  1 1.  /  17. 

12.  Tanners,  and  other  the  faid  perfons,  fhall  keep  fcales  and  Tanners  to  keep 
weights ;  and  fwoi  n  officers  fhall  be  appointed,  for  the  weighing  Scales  and 

and  other  matters  to  be  performed  at  every  fuch  yard  or  drefTing  ^^'Sh's. 
place,     g  /in.  r.  1 1 .  /  1 8. 

And  if  he  fhall  not  keep  juft  fcales  and  weights,  or  fhall  not 
permit  his  hides  or  fkins  to  be  weighed,  or  negleft  or  refufe  to 
bring  the  fcales,  or  to  afTift  at  the  weighing ;  he  fhall  forfeit  50  /. 
/.  26. 

13.  Tanners,  and  other  the  faid  perfons,  fhall  before  any  the  Duty  to  be afcw- 
faid  goods  be  removed  fron>  the  place  of  drefling,  drying,  or  tained  before  rc- 
keeping,  give  two  days  notice  in  writing  to  the  officer  (for  giving  ^°^^' 

of  which  notice  he  fhall  not  be  obliged  to  go  further  than  the  next 
market  town)  ;  and  fhall  permit  the  officer  to  weigh  the  goods 
chargeable  by  weight,  and  bring  the  fcales,  and  affift  in  weighing ; 
and  fhall  permit  the  officer  to  take  an  account  of  the  number  and 
quality  of  the  goods  to  be  charged  by  tale ;  and  fljall  afcertain 
the  value  of  fuch  goods  as  are  to  be  charged  ad  "jalortm,  by  his 
oath  to  be  taken  before  the  faid  officer,  or  a  juflice  of  the  peace. 
()An.  f.  1 1.  /  19. 

14.  And  after  the  duties  are  afcertaincd  by  weight,  tale,  or  charge  by  tiie 
value  refpeftively,  the  officer  fhall  enter  the  fame  in  a  book,  and  officer, 
make  return  thereof  to  the  commiffioners  or  whom  they  fhall  ap- 
point, leaving  a  true  copy  thereof  under  his  hand,  with  fuch  tan- 
ner or  other  perfon.     9  An.  c.  \\.  f.  10. 

15.  Immediately  after  the  duty  fhall  be  afcertained,  and  entry  Leather  to  lie 
thereof  made,  the  officer  fhall  caufe  every  hide  or  fkin,  and  every  marked, 
piece  of  a  hide  or  fkin,   and  all  vellum  and  parchment,  to  be 

marked.     ()  An.  c.  \\,  f.  z\. 

16.  And 


3^6  €Xti(t.     (Leather,) 

In  what  part  to        i6.  And  if  fuch  tanner  or  other  perfon  fliall  defire  the  ftiark  {a 
t>€  marked.         ^,g  made,  on  any  particular  part  of  the  hide  or  fkinj  the  officer 

fhail  mark  it  accordingly.     9  Jn.   c.  ix .   f.  22. 
Removing  before       17,  And   if  any  tmner,  or  other   fuch   perfon,  fliall  remove 
marked.  from  his  yard  or  drying  pl^ce  any  the  faid  goods,  before  the  duties 

fliall   be  charged,  and  before  they  be  marked ;  or   if  any  buyer 

fhall  carry  away  the  fame  before  they  be  marked  ;  he  fhail  forfeit 

50  /.  and  the  faid  goods,  fo  unlawfully  fold  or  removed,  fhall  alfo 

be  forfeited.     9  An.  c.w.  f.  z6. 
Counterfeiting  1 8.  i^nd  if  any  perfon  fhall  counterf  it   the  flamp,  or  know- 

the  ftamp.  j^gly  fell  any  the  faid  e,ood'%  with  a  counterfeit  flamp  ;    he  fliall 

be  guilty   of  felony   v.jthout  btneJit   of    clergy.      9  ^«.   c.w 

f.  4+. 
Leather  ftamped        19-  And  to  proven:  frauds  between  the  officers  and  tradefmen, 
to  be  kept  fe-      all   tamers,    tawerf,    and  dreifers   of  hides,    Ikins,    vellom,    and 
parate.  parchment,  fhall  keep  thofrf  which  have  not  been  ftamped,  from 

thofe  which   have,  and  aUo  thofe  which  have  been  laft  ftamped, 

from  thofe  which  have  been  flamped  before,  for  24  hours  within 

the  bills,  and   for  two  da\  s   ellewhere  ;    uniefs  they   fhall  have 

fooner  been  weighed  and  taken  account  of  by  the  furveyor  or  fu- 

pervifor  :  on  pam  of  10/.      5  G.  c.z    f.  10. 
Payn.entof  the        20.  Perfons  within  ti:e  bill'  of  mortality  fhall  pay  OfF  the  du- 
^uties.  ties  in  14  days  to  the  coinmiflioners,  and  elfewhere  in  fix  weeks 

to  the  collectors,  after  tiie  faid  goods  fliall  be  marked.     9  An. 

c.  II.  /  23. 

But  no  perfon  fhall  be  obliged,  for  payment  of  the  duties,  to 

go  farther  than  the  next  market  town.    /  24. 

And  perfons  not  paying  as  aforefaid  fliall  forfeit  double  duty  j 

and  fhall  not  deliver  out  any  the  faid  goods  until  the  duty  be  paid^ 

on  pain  of  double  value.    /.  25. 
Tanners  to  ha-         2  I.  Every  tanner,  anri  other  fuch  perfon,  fliall  once  in  three' 

ianre  accoiints     months  (if  demanded)  make  an  acconnt  with  the  officer,  of  the' 
Willi  the  oUicers.  ,       ,  -    ,  ,       .  , .  j     r  u  • 

goods  taken  out  of  the  wooze  or  other  ingredients,  and  or  nis  en- 
tries thereof,  and  balance  the  faid  account  by  the  goods  which  have" 
been  charged,  and  thofe  which  are  in  his  poffeffion  unmarked  and 
^  uncharged  ;  on  pain  of  50/.      9  An.   c.  \\.  f.  27. 

Exportation.  2  2.  On  exportation  of  hides  or  fkins,  tanned,  tawed,  ordrefTed,- 

and  marked,  and  of  boots  fhoes,  gloves,  or  other  manufadures 
made  of  leather,  charg-^able  for  the  duty  by  weight;  a  drawback 
fhall  be  allowed  of  two  thirds  of  the  duty,  c)  An.  c  11.  /.  39-. 
12   4n.  Ji.  2.   c  9.  /  61;;. 

Except  that  for  tanned  leather  manufactured  into  boots,  fhoes,- 
gloves,  and  other  wares ;  a  drawback  of  i  d.  I  for  a  pound  weighty 
ihall  be  allowed  in  lieu  of  the  faid  two  thirds  of  the  duty.      1 2  An. 
ft.  2.    c.  9.  /  64. 
Penalties  how  ^3.  Any  two  juftices  refiding  near,  may  hear  and  determine 

recoverable.  ofiences;  who  fliall  on  information  or  complaint  in  three  months" 
after  feizure  made,  or  offence  committed,  fummon  the  party  .ic- 
cufed,  and  the  witneffes,  arid  on  appearnnce  or  contempt  of  the" 
party  (on  proof  of  nonce  given)  fi.tH  .^xaniine  witneiiV'-  on  oath, 
and  give  judg;nent,  aad  iflue  warra'rs  lor  kvying  the  pecuniary" 

pc:u;  tiiiS- 


CjCClTc*     {Limn,  dec.)  367 

penalties  by  diftrefs  and  fale  (if  not  redeemed  in  fix  days),  g  An. 
c.  II.  f.  36. 

24.  And  they  may  mitigate  the  penalties,  the  ch;.rges  of  the  Midgatlon. 
officers  being  always  allowed  over  and  above  the  niitigation;  and 

fo  as  the  mitigation  do  not  reduce  the  penalties  to  le(s  than  one 
fourth  part,  over  and  above  the  cliarges.     9  ^n.   c.  11.  _A  37. 

25.  Ferfons  aggrieved  may  appeal  to  the  next  fefiions,  who  may  Appeal. 
determine  the  fame,  and  ilfue  warrants  for  levying  the  penalties. 

9  An.  c.  \\.  f.  ■^6. 

26.  And  no  £fr/wrflr;  fhall  be  allowed,      g  Jr..    C.  11.  /.  /^J.        Certiorari. 

Fill.  Linen  doth.,  and  filks. 

1.  By  the  ^oAn.  c.  19.  and  the  i  2  An.  p.\.  c.  9.  There  (ball  Duu  on  in»- 
be  paid  for  all  chequered  and  llriped  linens,  and  upon  all  linens  po""^'""- 
printed,  painted,  ftained,  or  dyed,  after  the  manufacture,    or  in 

the  thread  or  yarn,  in  any  foreign  parts,  which  fliall  be  imported, 
and  may  lawfully  be  worn,  over  and  above  other  duties,  30/.  for 
every  100/.  value;  which  fhall  be  under  the  management  of  the 
commiffioners  of  the  cuftoms. 

Except  lawn?,  ftriped  or  chequered  linens,  being  all  white,  and 
neckcloths  ftriped  at  the  end  only,  and  alfo  barras,  or  packing 
canvas,  and  buckrams.  12  An.  Ji.  2.  c.  9.  /.  5.  12  An.  J}.  2, 
c.  19. 

And  after  the  duty  is  pnid,  the  faid  printed  linens  imported  fliall 
be  flamped  by  the  oifjcers  of  the  cuftoms.      10  An.  c.  19.  f.  68. 

2.  By  the  10  An.  c.  19.  and  the  12  An.  Ji.  2.  c.  9.  Over  and  Homedi^ies. 
above  the  duties  payable  on  importation  of  any  of  them,  there 

(hall  be  paid,-  for  all  ftlks  printed,  Itained,  or  painted  in  Great  Bri- 
tain (filk  handkerchiefs  excepted)  12^.  a  yard  in  length,  reckon- 
ing half  a  yard  for  the  breaoth. 

And  for  all  Jiik  hnnikerchi fs  fo  printed,  ftained,  or  painted  in 
Qreat  Britain,  \d.  z  yard  fquare. 

And  for  all  caUicors  printed,  ftained,  painted,  or  dyed  in  Great 
Britain,  6d.  for  every  yard  in  length,  reckoning  one  yard  wide, 
or  within  one  eighth  thereof. 

And  for  all  linen  ftuiFs  printed,  fiair.ed,  painted,  or  dyed  in 
Great  Britoin,   g  ^.  a  yard  in  length,  reckor.ing  yard  vvide. 

Except  iuch  eallicoes,  linens,  and  fulrians  as  JLall  be  dyed 
throughout  of  one  colour  only,  and  ilufi's  made  of  woollen,  or 
whereof  the  greateft  parr  in  value  fhall  be  woollen. 

3.  But  it  is  ro  be  ojferved,  that  fuch  painted  or  ftained  cnllicoes  Ob'^erv-ition  a 
cannot  be  of  ufe  for  wearing  apparel,  and  therefore  the  printing  t»  caliicces. 
or  ftaining  of  them  muft  be  chiefly  ii;  order  for  exportation ;  for 

by  the  7  G.  fi.x.  c.  7.  it  is  enafted.  that  no  perfon  (hail  L-fe  or 
wear  in  any  apparel,,  any  printed,  painted,  ftained,  or  dyed  cal- 
lice  ;  on  pain  of  5 /.  to  the  informer,  on  conviction  on  the  oath 
of  one  witnefs  before  one  juftice;  who  fhall,  on  information  on 
oath  in  fix  days  after  the  offence,  funimon  the  party,  and  upon  his 
appearance  or  contempt  examine  the  matter,  and  on  proof  by  con- 
feffion  or  oarh  of  one  witnef  determine  the  fame,  and  en  convic- 
tion caufe  the  .penalty  to  be  levied  by  djftrefs  and  fale>  rendring 

1  ^  the 


368  €Xtitt.     {Liner?,  Sec) 

the  overplus  (charges  of  diflrefs  and  fale  being  firft  dedufied) : 
Provided  that  perfons  aggrieved  may  appeal  to  the  next  quarter 
fefiions,  giving  fix  days  notice.    /  i. 

And  if  any  perfon  Ihall  offer  the  fame  to  fale,  or  any  houfhold 
furniture  made  up  of,  or  mixed  therewith,  unleCs  for  exporta- 
tion; he  Ihall  forfeit  20/.  half  to  the  informer,  and  half  to  the 
poor  of  the  parifli  or  place  where  the  offence  fhall  be  committed^ 
to  be  recovered  in  the  courts  at  H'ejlmirjitr,  with  full  cofts,  on 
profecution  in  fix  months ;  and  if  he  is  a  ftewaid  or  other  officer 
of  a  corporation,  he  fiiall  alfo  forfeit  his  office.    /  2,  4. 

And  no  perfon  fhall  ufe  the  fame  in  any  houfhold  furniture,  on 
like  pain  of  20/.    /  3. 

But  this  fhall  not  extend  to  callicoes  made  up  in  houfhold  farnio 
turc  before  Dec.  25.  1722.    /.  6. 

Nor  to  callicoes  dyed  all  blue.    /  1 1 . 

Nor  to  prohibit  wearing,  or  ufing  in  houfhold  furniture,  any 
fluff  made  of  cotton,  or  mixed  therewith,  printed  or  painted  ;  or 
any  callico  chequered  or  ftriped ;  or  any  callico  ftitched  or  flower- 
ed in  foreign  parts  with  any  colour  (muflins,  neckcloths,  and  fullians 
excepted).  /.  10. 
Houfesto  been-  4.  Every  fuch  printer,  painter,  flainer,  or  dyer,  fhall  give  no- 
*»«^»  tice  in  writing  at  the  next  office,  of  his  name  and  place  of  abode, 

and  where  he  intends  to  work;  on  pain  of  30/.  \o  An.  c.  19. 
/71. 

And  by  the  \G.  Ji.z.  r.  36.  Where  any  perfon  fhall  take  upon 
him,  to  print,  paint,  flain,  or  dye  any  fi!ks,  linens,  or  fluffs  at 
any  other  place  than  the  place  of  his  ufual  refidence  or  exercife  of 
his  trade ;  he  fhall  firft  make  entry  with  the  officer  of  the  divifion, 
where  he  intends  to  do  the  fame,  and  pay  down  the  duties,  on 
pain  of  50/.  and  alfo  the  faid  goods  fhall  be  feizcd  and  forfeited. 
/21. 
Officer  to  enter       5-  The  officers  fhall  at  all  times  by  day  or  night,  and  if  by 
and  take  ac-       right  in  prefence  of  a  conftable,  be  permitted  on  requeft  to  enter 
cvuot.  ^m-jj  pgrfon's  houfe,  workhoufe,  drying  place,  warehoufe,  field,  or 

other  place  ufed  by  him,  and  take  an  account,  and  fhall  make 
thereof  a  report  in  writing  to  the  commiffioners  or  to  whom  they 
fhall  appoint,  leaving  a  copy  if  demanded,  under  his  hand  ;  and  if  j 
he  fhall  make  default  in  leaving  fuch  copy  (after  demand  in  wri- 
ting,  12  G.  c.  28./  30.),  he  fhall  forfeit  40/.      10  An.  c.  19. 

OKftrnaing  the        6.  And  none  of  the  faid  perfons  fhall  obflruft  the  officer  in  exe- 

officcr.  cution  of  his  duty  ;  on  pain  of  zo/.     \o  An.  c  T9.  /i  78. 

Entty  of  goods         J.  Every  fuch  printer,  and  other  perfon,  fhall  once  in  fix  weeks 

f^i^-  make  entry  in  writing  at  the  next  office,  on  oath  before  the  col- 

ledor  or  fupervifor,  of  all  fuch  goods  by  them  made,  containing 

the  kinds  and  quantity,  and  the  names  and  places  of  abode  of  the 

owners  (if  they  are  not  iheir  own);  on  pa;n  of  50/.     10  An. 

c.   19. /72. 

But  no  perfon  fhall  be  obliged  to  go  to  make  entry,  further  tbaa 

the  next  market  town.      10  An.  <".  19-  /  75- 

OiTiceriray  8.  If  the  officer  fhall  mifs  any  quantity  of  the  faid  goods, 

tLirge  for  goods  ^yhereof  he  had  taken  an  account  at  his  i»li  furvcy,  and  fhsll  not 

'3  oa 


€^t!te     {Linen,  &cc)  369 

on  reafonable  demand  receive  fatisfadion  what  is  become  of  the 
fame;  the  ofiicer  may  charge  fuch  perfon  with  the  d'.if.ies  of  the 
goods  (o  mUfing,  as  if  they  were  printed,  painted,  flained,  or 
dyed,     ib  Jn.  c.  19.  /  77. 

9.  And  if  they  fhall  conceal  any  the  faid  goods,  to  avoid  the  Goods  concealed, 
duty;  they  ilnll  forfeit  20/.     And  all  the  filks,  callicoes,  linens, 

and  ftufFs  found  in  any  private  workhoafe,  or  other  place  whereof 
no  notice  hath  been  given,  or  the  value  thereof,  flull  be  foifcited. 
10  Jn.  c.  19.  /  82. 

10.  They  fhall,  within  fix  weeks  after  entry,  clear  off  the  du-  payment  of  th« 
ties;  on  pain  of  forfeiting  double:  and  if  ihey  fhall  deliver  out  duties. 

any  fuch  goods,  after  default  in  payment  of  the  duties,  before  the 
fame  f^iall  be  cleared  off,  they  fliall  forfeit  double  vaJue  of  the 
goods.      lo.^w.  c.  19-  /  74. 

1 1.  And  they  fhall  not  remove  any  the  faid  goods,  till  the  of-  Removing  before 
ficerhath  taken  account  thereof,  and  until  each  piece  be  flamped  ftamped. 

or  marked  ;  on  pain  of  20  /.  And  the  fame  fo  carried  away 
without  being  marked,  snd  found  in  the  pofiefTion  of  any  draper 
or  other  perfon  for  his  ufe,  for  fale,  may  be  feized,  or  the  value 
thereof  recovered.      10  ^'».  c.  19.  /.  79. 

12.  And  they  fliall  keep  the  goods  which  have  not  been  fur-  Goods  furveyed 
veyed,  feparate  from  the  goods  which  have  been  furveyed;  on  to  be  kepc  fcpa- 
pain  of  q /.      10  An.   f.  19.  y^8i.  rate. 

13.  And  on  oath  by  any  credible  perfon,  that  he  hath  reafon  Search  for  gooda 
to  fufpeft,  that  any  the  faid  goods  are  in  the  pofTeffion  of  any  unftamped. 
draper  or  other  perlon  dealing  therein,  or  of  any  other  to  his  ufe^ 

for  fale,  unflamped ;  the  commifiioners  within  the  bills,  or  any 
two  jufcices  elfewhere,  may  iffue  their  warrants,  requiring  forrie 
ofhcer  of  the  faid  duties  (with  a  conftable)  in  the  day  time  to  fearch 
for  the  fame,  and  to  open  doors,  chefts,  trunks,  and  package, 
and  to  feize  fuch  goods,  and  bring  them  to  the  next  office.  10  An. 
c.ig./.gS. 

14.  And  if  any  the  faid  goods  fhall  be  found  in  any  place,  on  Goods  found  un- 
land  or  water  (except  on  fliipboard  for  exportation)  without  being  (lamped  may  be 
marked  with  a  flamp  or  feal,  denoting  that  the  duties  have  been  fe.zed. 

paid  or  charged;  the  fame  fhall  be  forfeited,  and  may  be  feized 
by  any  officer  of  the  cudoms  or  excife,  and  the  perfon  in  whofe 
cuftody  they  are  found  fliall  forfeit  50/.      ^  G.  c.  11.  /.  i^. 

15.  And  if  any  perfon  fliall  counterfeit  the  ftamp,  he  fhall  be  Counterfeiting 
guilty  of  felony  without  benefit  of  clergy.      loAn.  c.  19.  /  97.    theftamps. 

And  if  any  perfon  fhall  knowingly  fell  any  the  faid  goods  with 
a  counterfeit  flamp,  he  fhall  forfeit  i  30  /.  and  be  fet  in  the  pillory 
in  fome  publick  place  two  hours,     id. 

16.  The  faid  goods  having  paid  the  duty,  may  be  exported  ;  Exportation, 
and  there  fhall  be  a  drawback  of  the  duties.      10  An.  c.  19.  /  94, 

95,96.      12  An.  J}.  2.  e.g.  f.  I  ^. 

17.  The  penalties  (except  as  is  abovementioned  in  relation  to  power  of  th* 
callicoes)  may  be  fued  for,  levied,  and  mitigated  as  by  the  laws  of  juftices, 
excife,  or  in  the  courts  at  Wcjlminfter  ;  and  fhall  be  employed  half 

to  the  ufe  of  the  king,  and  half  to  hi.ii  that  fliall  difcover,  inform, 
or  fue,     ID  An.  c.  in.  /  92.     24  G.  2.  c  40,  /  33. 

Vol.  I,  Bb  iS.  And 


370  CjcnXe.    (Malt.) 

Utcnfils  liable.  ig.  And  all  the  utenfils  and  inllruments  for  printing,  painting, 
Gaining,  or  dying  fuch  goods,  in  cuftody  of  any  the  faid  perfons, 
or  any  other  to  his  ufe,  fl-iall  be  liable  to  all  arrears  of  the  duty, 
and  to  all  penalties  concerning  the  fame,  in  like  manner  as  if  fuch 
perfon  were  the  lawful  owner.     lo  -<^«.  c.  19.  /  83. 

^ 

IX.  Malt. 

-.    ^  .      ,  1.  Br  the  12  ./;:.  y?.  I.  c.  2.  No  malt  (hall  be  imported,  on 

imported.  P^'"  °^  forfeiting  the  fame,  and  the  value  thereof.    /  26. 

And  by  the  yearly  ads,  if  it  is  brought  in  from  Scotland  by  fea, 
it  fhall  be  entred  at  the  port  of  landing,  and  pay  the  like  duty  as 
Englijh  malt,  unlefs  a  certificate  is  produced  that  it  hath  paid  the 
duty  of  3  i/.  a  bufliel  in  Scotland,  and  then  it  (hall  only  pay  3  d. 
more,  to  make  it  equal  with  the  Englijh ;  and  if  it  is  brought  by 
land,  it  Ihall  be  carried  thro'  Bemvick  or  Carlijle,  and  there  pay  in 
like  manner  ;  on  pain  of  forfeiting  the  fame  or  the  value  thereof; 
and  if  it  is  carried  beyond  Berivick  or  CarUJle,  without  entry  or 
payment,  the  officers  of  excife  may  feize  the  fame.  zS  G\  i , 
c.  2./ 7. 
Duty  on  malt.  ^-  ^^  '^^  \^  An.  Jl.  \.  c.  2.  (which  is  continued  yearly)  there 
fhall  be  paid  by  the  maker  for  all  malt  made  in  Englatid  (except  it 
be  made  for  exportation  only,  i  2  G.  c.  4.  /.  48.)  a  duty  of  6  rf'.  a 
bufhel.  /  1. 
ivhatftallbe  3.  And  every  round  buihel  with  a  plain  bottom,   18-^  inches 

deemed  a  buflie!.  wide  throughout,  and  eight  inches  deep,  fhail  be  deemed  a  legal 

IVinchcjlir  bufhel.      I  2  An.  Jl.l.   c.  z.  f.  J. 
Officers  for  thefe      4.  The  faid  duty  fhall  be  under  the  management  of  the  com- 
duties.  millioners  and  officers  of  excife      12  An.  y?.  i.  r.  2.  /  3. 

Places  of  making  5.  No  perfon  making  malt  (other  than  compounder*)  fhall  fet 
to  be  entred.  up,  alter,  or  ufe  any  ciftern,  uting  fat,  utenfil,  or  other  veflel, 
for  the  wetting  or  fteeping  barley  or  other  corn,  or  any  kiln,  floor, 
room,  or  other  place  for  making  or  keeping  of  malt,  without 
firft  giving  notice  in  writing  at  the  next  ofiice  of  excife ;  or  fhall 
keep  or  ufe  any  private  cillern  or  other  veflel  for  the  wetting  his 
barley  or  com,  other  than  fuch  as  are  known  and  made  ufe  of  in 
his  common  malting  houfe,  on  pain  of  50/.  12  An.  Ji.  i.  c.  2. 
/.  36. 

-^_      ^      ,  6.  The  officer  fhall  in  the  day  time  be  permitted,  on  requeft, 

Offifcr  to  enter  1     ,       r  ,     ,       r  1    1.       1  1  11        • 

and  lurvey.  ^°  ^"^^^  ^"^  houfe,  malt  houfe,  and  all  other  places  belongmg  to 
or  ufcd  by  any  maker  of  malt  (either  for  fah  or  not  for  fah)  i 
and  to  gage  all  cifterns,  uting  fats,  and  other  vefiels  ufed  for  wet- 
ting or  Iteeping  corn,  and  take  account  of  the  quantity ;  and  Ihall 
thereof  make  return  to  the  commiilioners,  or  whom  they  fhall 
appoint,  leaving  a  copy  with  fuch  maltfter ;  and  if  any  fuch  malt- 
Iter  fhall  refufe  to  permit  fuch  officer,  he  fliall  forfeit  20/.  12  An. 
Jl.i.c.  2.  7.4. 

Or  if  he  fhall  refufe  or  neglei5>  (after  demand  in  writing,  i  2  G. 
f.  28.  f.  30  )  to  leave  a  copy  of  the  gage  for  the  maker,  at  the 
lime  of  taking  the  gage  ;  he  fhall  forfeit  40/.    /  31- 

And  by  another  claufe  in  the  faid  act,  the  off.cer  fhail  on  requefl 

be  permitted,  by  night  or  by  day,  but  if  in  the  night  then  in  pre- 

I       '  fencv 


i 


€%titt.    (Mdt)  371 

fence  of  a  eonftable,  to  enter  the  houfe,  malt  houfe,  and  othf^ 
J5lace  belonging  to  or  made  ufe  of  by  any  maker  of  malt  for  fuh^ 
common  brewer,  innkeeper,  victualler,  dilliller,  or  vinegar  ma- 
ker making  malt,  to  gage  and  take  an  account  of  the  corn  wet- 
ting or  wetted ;  and  if  fuch  maker  fhall  refufe  to  permit  him,  he 
Ihall  forfeit  20  /.    /.  34, 

7.  And  by  a  general  claufe  in  the  i  G.  ft.  z.  c.  2.  If  any  ma  Obftruftingths 
Vtx  'of  malt  for  fale,  fliall  obllruft  any  officer  of  excife,  in  the  ex-  officer, 
ecutidn  of  any  of  the  powers  given  him  for  fecuring  the  faid  da- 
ties,  he  (hall  forfeit  \ot.    /  4. 

8.  The  officers  fhall  meafure  corn  making  into  maltj  by  the  Manner  of 
gage  only,  and  not  by  the  bufhel.      izJn.  ft.  i.  r.  2.  /  17.  gagmg. 

9.  No  perfon  fhall  make  any  barley  malt  (except  in  Jure,  July^  Time  for  ma- 
and  Augui})  but  that  the  fame  fhall  have  in  making  thereof,  that  '""S' 

is,  in  the  fat,  floor,  fleeping,  and  drying  three  weeks  at  leaft  ; 
nor  in  June,  July,  and  Auguft,  but  that  it  (hall  have  i  7  days  at 
the  lead  (unlefs  it  be  for  his  own  houfe) :  on  pain  of  forfeiting  for 
every  quarter  is.  half  to  the  king,  and  half  to  him  that  (hall  fue: 
And  the  juftices  in  feffionsj  and  the  fteward  in  the  leet,  may  hear 
and  determine  the  lame,  as  well  by  prefentment  of  1 2  men,  as  by 
accufation  or  information  of  two  honefl  witnefTes.  2  (5*  3  Ed.  6. 
^.  10.  /  2,  3,4,  5. 

10.  If  any  perfon  (hall  put  to  {ale  any  malt  not  well  trodden,  Drefiing  of  malt* 
rubbed,  and  fanned^  whereby  there  may  be  conveniently  fanned 

out  of  one  quarter  half  a  peck  of  dull  or  more ;  he  fhall  forfeit 
for  e\ety  quarter  zod.  half  to  the  king,  and  half  to  him  that 
fliall  fue  in  like  manner  in  the  felTjons  or  leet.  2  dff  3  Ed.  6* 
f.  10./.  3,4. 

1 1.  No  perfon  (except  it  be  for  his  own  houfe)  fhall  mingle  any  Mixing  bad  malt 
malt,  not  well  made,  or  made  of  ir.ov/- burnt,  or  ipired  barley,  with  good, 
with  other  good  malt,  and  after  put  the  fame  to  fale;  on  pain  to 

ibrfeit  for  every  quarter  2  s.  half  to  the  king,  and  half  to  him  that 
ihall  fue  in  like  manner  in  the .  feffions  or  leet.  2  <5  3  Ed.  6. 
f.  10./  3,4,  5._ 

And  the  bailifts  and  conflables  of  the  tov/n  where  malt  fhall  be 
made,  or  put  to  fale,  may  fearch  the  fame :  and  if  they  (hall  find 
it  to  be  evil  made,  or  mingled  with  evil  malt,  they  fhall  with  the 
advice  of  one  juftice  caufe  it  to  be  fold  to  fuch  perfons,  and  at 
fuch  reafonable  prices,  and  under  the  common  price  of  the  mar- 
ket, as  to  him  fhall  feem  necelTary  and  e;<pedient.    f.  4. 

12.  If  any  Vnaltlier   (other  than  compounders)  (hall  force  to-  Preflifigmaltin 
gether  in  the  ciltern,    uting  fat,  or  couch,  any  corn  fteeped,  in  the  ciftern, 
■to^der  to  the  making  into  malt ;  he  fhall  forfeit  2  f .  a  bufliel. 

,12^». /.  I.   f.  2.  /.  18.     6G.  f.  2t./8. 

13.  No  maker  of  malt  (other  than  compounders)  fhall  rtiix  corft  Mixing  with 
fef  one  wetting  with  corn  of  a  former  wetting ;  or  mix  any  of  his  c*^'"  o*  *  ^^^' 
couches  or  floors,  with  corn  of  a  former  wetting,  before  the  fame  "''^  ^"tiflg. 
is  put  on  the  kiln  for  drying:  on  pain  of  5  j.  a  bufhel.     2  G.  2. 

c.  I .  /  I  !  , 

14.  If  any  dealer  in  malt  fhall,  with  malt,  fraudulently  mix  Wiring  malt 
toy  ttomaUed  corn,  or  {ell  or  expofc  to  fa!s  any  foch  mixtwe,  or  ^"^  ^^nawilt^i 

,B  b  a      '  CiaU """'' 


372  €lCtiit.     {Malt:} 

ftiall  attempt  to  (hip  ofi'  any  fuch  mixture  in  order  to  export  the 
fame;  he  (hall  forfeit  5  i.  a  bulhel.   i  G.  jl.  2.   c  2.  /.  13. 
eoncealing  malt       15.  If  any  maker  of  malt  (hall  fraudulently  conceal  any  malt 
to  avoid  the        f^Qj^   jjjg  ^,jg^  ^f  ^^  eager;    he  (liall  forfeit   \Oi.   a  bufhel. 
duty.  An  r 

12  An.  ft.  I,  <-.  2.  /.  35. 

Allowance  for  16.  Out  of  every  20  bufhels  charged  by  the  gager,  there  (hall 

«alt  fwelling.     be  an  allowance  made  of  malt  charged  in  the  uting  fat,  cirtern,  or 

other  vedcl,  wherein  the  fame  fnall  be  found  wetting  or  fteeping, 

or  on  the  floor  within  30  hours  after  the  fame  (hall  be  thrown  out 

of  fuch  vefiel, of  four  buHiels,  for  the  difference  between  the 

quantity  when  it  is  wet  and  fwoln,  and  when  it  is  converted  into 
dry  malt.      12  Ju.  fi.  ^.  c.  2.  f.  20. 

And  if  any  corn  that  hath  been  deeped  be  fdund  working  or 
growing  upon  the  floor  before  it  is  put  upon  the  kiln,  which  when 
dried  will  not  anfwer  fo  great  a  quantity  from  the  floor  as  from  the 
ciftern ;  out  of  every  20  bufhels  fo  charged  upon  the  floor,  there 
fliall  be  allowed  to  the  maker  of  the  malt  which  (hall  be  gaged 
upon  the  floor,  after  it  hath  been  thrown  out  of  the  ciftern  30 
hours  or  more,  and  before  it  (hall  be  dryed,  ten  bufhels,  for  the 
difference  between  the  quantity  when  it  is  making  upon  the  floor, 
and  when  it  is  dried.  12  An.  Ji.  i.  f.  2.  /  28. 
Intryof  malt  1 7.  The  maltfter  fliall  monthly  make  entry  at  the  office  of  ex- 

*^^^'  cife,  of  all  the  malt  made  {either  for  fale  or  not  for  fale)  in  fuch 

month;  on  pain  of  10/.      12  Ati.  Ji.  \.  c.  2.  f.  4. 
Taymentof  the        18.   And  he  fliall,  within  four  months  after  entry,  pay  off  th« 
^"*^y*  duties,  on  pain  of  forfeiting  double ;   and  after  fuch  default,  he 

fliall  not  fell  or  carry  out  any  malt  until  the  duty  is  paid,  on  pain  of 
double  value.     12  Ju.  fi.  \.  c.z.  f.b.     i  G.  ft.  2.   c.  2.  /.  8. 
Drawback  of  the      1 9.  After  the  duty  is  paid,  if  any  quantity  (hall  be  damaged 
du'y  for  malt      by  the  finking  of  the  vefl'el  in  which  the  malt  fliall  be  tranfported 
damaged.  iroxii  one  part  of  the  kingdom  to  another;  the  juftices  fliall  at  the 

next  feflions,  on  proof  of  fuch  damage  and  of  the  payment  of  the 
duty,  fettle  the  quantity  of  the  damage,  and  the  allowance  to  be 
made  in  refpect  thereof,  and  give  a  certificate  of  the  fum  allowed, 
which  (hall  bear  the  fame  proportion  to  the  whole  duty,  as  the  da- 
mage (hall  bear  to  the  value  of  the  malt :  on  producing  of  which 
certificate,  the  officer  (hall  repay  or  allow  to  the  proprietor  the  fura 
certified,     iz  Ati.  fi.  \.   c.  z.  f.  \\. 

But  where  fuch  lofs  (hall  happen,  the  perfon  who  fliall  fuflain  the 
fame,  fhall  three  days  before  the  next  feflions,  leave  notice  thereof 
in  writing  with  the  colledor  of  the  diftrift  where  the  lofs  fhall  hap- 
pen, and  of  his  intention  of  applying  to  the  faid  fslfions.    /  15. 
drawback  foi  20.  After  the  duty  is  paid,  if  any  malt  (hall  be  deftroyed  by 

Bi-!t  penlheJ.  fire,  by  burning  of  the  place  where  it  is  kept ;  or  peri(h  by  water, 
by  cafting  away  of  the  vefliel  in  which  it  is  tranfported  :  the  owner 
may  make  proof  thereof  by  two  witnefles  on  oath,  and  of  his 
having  paid  the  duty,  at  the  next  quarter  I'effions  where  fuch  ac- 
cident fhall  happen ;  who  fhall  grant  a  certificate  of  fuch  lofs,  oa 
producing  cf  which,  the  duty  (hall  be  repaid.     12  A7i.  Ji.\.  c.  z. 

Ccmponnding.  zi.  'i  he  commijTioners,  Of  fiich  perfons  as  they  fhall  appoint, 

and  in  default  of  I'uclv  apptiiitmcn:  the  colledor  and  fupervifor 

for 


emu.     (Malt.)  373 

fi»r  the  divifion,  may  compound  for  the  duties  of  malt  made  to  be 
confumcd  in  private  families,  at  5  j.  a  head  by  the  year ;  and  the 
houfes  of  fuch  perfons  compounding  fliall  not  be  liable  to  the  duty, 
or  to  the  furvey  of  the  officers.     1 2  Jn.  Ji.  i-  c.  z.  f.  11. 

But  if  any  fuch  perfon  (hall  fell  or  deliver  out  any  malt,  or 
fhall  permit  any  other  perfon  to  make  malt  in  his  houfe,  or  (hall 
fell  any  malt  liquor,  or  fhall  have  more  perfons  in  his  family  than 
he  compounds  for,  without  giving  notice  of  them  to  the  officer  of 
excife  at  the  next  quarter  day  ;  he  fhall  forfeit  5  I.  and  lofe  the  be- 
nefit of  his  compofition,  and  for  every  bulhcl  of  malt  fo  fraudu- 
lently fold  or  made,  he  fhall  forfeit  20  /.    /  1  2. 

22.  No  malt  entred  and  made  for  exportation  only,  fliall  be 'ExportatioH* 
liable  to  the  duties ;   and  no  drawback  fhall  be  allowed  for  any 
malt  exported.     12  G.  c.  4.  /.  48. 

But  xhc  maker  fhall  be  allowed,  in  confideration  of  his  extra- 
ordinary charge  and  trouble,  3  d.  for  every  quarter  made  for  ex- 
portation.   /  59. 

And  by  the  28  G.  2.  c.  2.  There  fhall  be  allowed  for  every  20 
quarters  of  grain  made  into  malt  for  exportation,  thirty  quarters 
of  malt,  and  no  more,  on  exportation,  tho'  by  fleeping  it  fhall 
run  OBt  into  any  greater  quantity.    /  10. 

And  the  maker,  before  he  Ihall  begin  to  wet  or  fleep  any  fleep- 
ing of  corn  to  be  made  into  malt  for  exportation,  fliall  leave  no- 
tice in  writing  with  the  ofScer,  of  the  quantity  of  corn  intended 
tp  be  contained  in  each  fteeping,  on  pain  of  50/.  and  the  fame 
Ihall  be  kept  feparate  from  all  other  corn  to  be  made  into  malt  for 
home    confumption,    on   pain   of  5.'.  a  bufliel.       12  G.    r.  4. 

f.  49.  58- 

And  no  maker  of  malt  fhall  begin  to  wet  corn  to  make  into  malt 
for  exportation,  above  fix  days  before  all  the  corn  he  may  have 
working  on  his  floors  for  home  confumption  fhall  be  dried  off;  nor 
fhall  he  begin  to  wet  corn  for  home  confumption,  above  fix  days 
before  all  the  corn  on  his  floors  for  exportation  be  dried  and  lock- 
ed up,  on  pain  of  q/.  a  bufhel.     /  50. 

And  the  maker  fhall  keep  the  whole  quantity  of  his  corn  ma- 
king into  malt  for  exportation,  of  one  fleeping  or  wetting,  when 
the  fame  fhall  be  on  the  kiln,  or  after  it  fhall  be  taken  off  the 
kiln,  feparate  from  an}-  former  fleeping  or  wetting,  until  it  hath 
been  meafured  in  prefence  of  the  officer  j  on  pain  of  50/.  3  G.  2. 
c.  7.  /.  16. 

And  the  officers,  during  the  fleeping  of  the  corn  fo  intended  for 
exportation,  and  till  it  be  dried  and  locked  up,  may  gage  and  take 
an  account  thereof,  in  all  its  operations,  as  in  cafe  the  duties  were 
to  be  charged  thereon.     1  2  G.  c.  4.  /  52. 

And  perfons  oppofing  the  officers  in  the  execution  of  this  adl, 
fliall  forfeit  50  A     \z  G.  c.  4.  /  58. 

And  the  faid  maker  fhall  give  notice  in  writing  to  the  officer,  or 
leave  notice  at  the  next  excife  office,  of  the  hour  when  he  in- 
tends to  take  any  malt  oft"  the  kiln,  that  he  may  attend  the  mea- 
furing;  and  after  it  has  been  meafured,  it  fhall  (on  pain  of  50/.) 
be  immediately  carried  on  fhipboard,  or  elfe  into  ftorehoufes,  to- 
be  provided  by  fuch  maktr,  to  be  there  kept  apart  from  all  other 

B  b  3  male. 


374  Cjeci'fe.     (Malt,) 


malt,  under  two  locks,  one  to  be  provided  by  the  proprietor,  and 
the  other  by  the  officer  at  the  expence  of  the  proprietor,  whereof 
one  key  to  be  kept  by  the  proprietor,  and  tlie  other  by  the  officer, 
till  the  fame  be  delivered  out  for  exportation.  12  G.  c.  4.  /  51, 
58.     3  (?.  2.  c.  7./  17. 

And  if  he,  or  any  perfon  with  his  privity,  fhall  open  fuch  lock, 
or  make  other  entrance  into  the  place,  or  carry  any  of  it  away, 
without  coni'ent  of  the  officer,  or  notice  given  to  him  j  he  Ihall 
forfeit  ico/.     3  G.  2.  c.  7.  y^  18. 

And  when  any  maker  or  proprietor  fhall  be  defirous  to  take 
away  any  of  the  malt  for  exportation,  and  fhall  thereof  give  no» 
tice  in  writing  to  the  officer  40  hours  before  the  time  he  fhall  dc- 
fire  to  take  out  the  fame,  expreffing  in  fuch  notice  the  quantity  of 
the  malt,  and  the  port  to  which  it  is  to  be  removed ;  the  officer 
fhall  attend  at  the  place  where  the  malt  is  locked  up,  and  fee  it 
meafured  and  delivered  out.      12  G.  ^ .  4.  /  53. 

And  the  ofiicer  fhall  keep  an  account  of  the  malt  fo  delivered 
out,  and  of  the  perfon  to  whom  it  belongs,  and  fhall  give  fuch 
perfon  a  certificate  to  the  officer  of  the  divifion  to  which  it  is  in- 
tended to  be  removed,  who  fhall  file  the  fame,  and  make  an  entry 
thereof;  and  if  the  proprietor  fhall  negleft  to  deliver  fuch  certifi- 
cate, he  fhall  forfeit  50/.      12  G.  c.  4.  /  54. 

And  perfons  intending  to  fhip  malt  for  exportation,  fhall  give 
at  leall  48  hours  notice  before  they  begin  to  put  it  on  board,  to 
the  officer  of  the  port  in  writing,  of  the  hour  when  fuch  fhipping 
is  intended  to  be  begun,  and  the  name  of  the  fhip;  on  pain  of  5^. 
9,  bufhei.      I  2  G.  ■:.  4/57. 

And  during  the  fhipping,  at  all  fuch  times  as  the  proprietor 
fhall  not  be  advially  irjpping  merchandizes,  the  hatches  of  the 
fhips  fliall  be  kept  locked  w)th  two  locks  at  each  hatch,  one  to 
be  provided  and  the  key  kept  by  the  proprietor,  and  the  other  by 
the  officer;  and  the  hatches  fhall  be  fo  kept  locked,  from  the  time 
the  fhips  fhall  be  loaded  till  they  be  ready  to  fail.  12  G.  c.  4. 
/56. 

And  perfons  breaking  open  the  hatches  of  any  fhip  fo  locked 
up,  fliall  forfeit  50/.      12  G.  c.  4.  /  58. 

And  the  officers  may  not  only  attend  the  meafurlng  of  fuch 
malt,  but  coniinae  on  board  the  fhips  till  they  be  cleared  of  their 
ports.      12  C-.   c.  \.  J.  55. 

And  if  it  thall  be  relanded  after  fhipping  for  exportation,  befides 
the  penalty  of  the  bond  which  fhall  be  given  for  its  exportation, 
the  iahie  (hall  be  forfeited,  and  treble  the  value.  28  G.  2.  c.z. 
f.  12. 

And  the  maker  who  fhall  ufe  any  fuch  florehoufe  for  keeping  of 
malt  tor  exportation,  fliall  every  nine  months  after  the  lait  clearing, 
clear  out  the  fame,  on  pain  of  50/.  3  G.  2.  c.  7.  /  20.  Or  5  s. 
a  buihei:  12  G.  c.  4.  /  57.  And  by  the  28  G.  2.  c.  2.  he  fhall 
clear  out  in  15  months,  on  pain  of  50/.    f.  16,  27. 

And  if  any  unnialted  oats  or  barley  be  found  mixed  among 
malt  finpped  for  exportation,  the  perfon  fhipping  the  fame  lliall 
forfeit  5  J.  a  bufhei.     bG,  c.  zi.  /.  4. 

Mi 


I 

I 


CjCClfe.     (Paper,)  37  s 

And  if  ground  malt  /hall  be  exported,  it  fliall  be  computed  at 
fo  many  bulhels  as  it  contained  before  it  was  ground,  i  z  Jn. 
Ji.  \.  e.  z.  f.  30. 

23.  The  penalties  relating  to  this  article  (except  where  it  is  Power  of  the 
otherwife  above  direfted)  fhall  be  fued  for,  levied,  and  mitigated  j^ft'<^". 

as  by  the  laws  of  excife,  or  in  the  courts  at  Weflminfier  ;  and  be 
employed  half  to  the  ufe  of  the  king,  and  half  to  him  that  fhall 
fuc.      \zAn.Jl.\.   c.  2.   /!  9.      24  G.  2.    r.  40.  /.  33. 

24.  Perfons  aggrieved  by  any  judgment  of  the  juftices,  may  Appeal, 
appeal  to  the  next  quarter  feflions,  giving  fix  days  notice  in  wri- 
ting ;  but  if  there  be  not  fix  days  between  the  order  of  the  jullices 

and  the  feffions,  the  appeal  may  be  at  the  feoond  feflions.  12  An. 
Ji.  I,   c.  2.  /  37,  38.     I  G.  2.  Jl.  2.   c.  16.  /  3. 

And  the  feflions  may  award  cofts  to  either  party,  to  be  levied 
by  warrant  of  the  juihces  or  two  of  them,  00  the  goods  of  the 
party.     12  An.  fi.  \.  c.  z.  f.  38. 

25.  And  no  certiorari  Ihall  be  allowed,  to  fet  afide  any  order  Certiorari, 
of  the  juftices.     \zAn.  f>.  1.   c.  z.  f.  37. 

26.  And  all  malt  in  cuftody  of  the  maker,  Ihall  be  liable  to  Malt  liable  to 
the  duties  and  penalties,  in  the  fame  manner  as  if  he  were  the  the  anties  and 
lawful  owner.      \z  An.  Ji.  i .  c.  z.  f.  10.  penalues. 

Note;  The  Statute  of  the  \z  An.  Ji.  \.  c.  z.  which  is  the 
foundation  of  all  the  annual  a£ls  relating  to  the  duties  on  malt,  is 
omitted  in  its  proper  place  in  Mr.  Hanvkins's  edition  of  the  fta- 
tutes ;  as  are  alfo  divers  other  daufes,  which  are  here  inferted  out 
of  fcveral  of  the  other  yearly  malt  ads :  which  feemeth  to  indi- 
cate that  the  learned  editors  had  not  thoroughly  confidered  this  ar- 
ticle ;  fuppoflng  perhaps,  that  as  the  duties  do  expire  annually,  fo 
every  claufe  in  the  faid  adls  relating  thereunto  did  expire  likewife  : 
But  they  have  reftified  this  omiflion  in  part,  by  infer  ting  the  faid 
act  of  the  12  Ann.  in  the  appendix,  Vol.  0. 

X.  Paper. 

1.  By  the  lo  An.  c.  19.  and  izAn.Ji.  2,  e.g.  (which  afe  Duty  on  paper 
in  part  altered  and  explained   by  the  \z  An.  c.  19.  and  11  G.  imported. 

c.  7.]  certain  duties  are  impofed  on  paper  imported ;  which  (hall 
be  under  the  management  of  the  commiflioners  of  the  cuftoms. 

But  old  rags,  old  ropes,  or  junks,  or  old  filhing  nets  may  be 
imported  duty  free.      1 1  G.  c.  7.  /.  10. 

2.  And  by  the  faid  a£ls  of  10  An.  c.  19.  and  12  An.  Ji.  2.  Duty  on  paper 
e.g.  certain  duties  are  laid  on  all  paper  made,  and  alfo  on  all  ^*'^^. '"  ^'"' 
paper  painted  in  Great  Britain,  as  follosveth : 

s.     d. 
For  every  ream  (at  20  quires  of  24  fheets  each  to  the  7    ^ 

ream)  of  demy  fine  ■ — •      i    " 

Demy  fecond  • 

Crown  line         • ■  ■     '■       ■  -  . 

Crown  fecond  __— — ,  . 

Fool's  cap  fine         .  .  .  -  - 

.  fool's  cap  fecond  — - — —         — 

B  b  ^  Fiiic 


3.7^  €%tiU.    (Fiiper.) 

i.  J. 

fine  pots  1     6 

Second  pots  ■  o     Q 

Brown  large  cap         o     9 

Small  ordinary  brown         — : —        — o     6 

Vv'hittd  brown  9^.  a  bundle,  each  bundle  containing  40  quires. 
Fafteboards,  mildboards,  and  fcaleboards,  3  i.  a  hundred  weight. 
Ail  other  paper  not  particularly  charged,  after  the  rate  of  18/. 
for  every  100/.  value. 

Painted  paper  (befide  the  duty  paid  for  the  paper  before  paint- 
ing) 1  >;  <;/.  a  yard  fquare. 

But  paileboard  made  of  paper  that  hath  paid  the  duty,  fnall  not 
be  charged  with  further  duty. 

And  books  printed  at  Oxford  or  Camhrldge,  in  lyitht,  Gretl, 
Oriental,  or  northern  languages,  flisU  have  a  drawback  of  the 
duty  on  paper. 

The  fiid  paper  paying  ad 'valcrem  flial}  be  computed  as  it  fhall 
be  worth  to  be  (old  at  the  next  market  town,  by  the  oath  of  tbe 
maker  or  his  chief  workman,  accoiuing  co  his  knowledge  and  be- 
lief, to  be  taken  before  the  collector  or  fupervifor. 
Officers  of  the         3.   The  tommiiTioners  of   the  treafury   fliall  appoint  commif- 
outies  on  pifsr.   fioncrs  of  thefe  duties;  and  they  fliall  fubRitute  inferior  ofiicers. 

ID  An.   f.  19.  /  41. 
Phces  of  making      4.  The  maker  or  painter  fliall  give  notice  in  writing  at  the  ne.xt 
to  be  entred.       office,  of  his  Iname  and  place  of  abode,  and  where  he  intends  to 
make  the  lame  ;  on  pain  that  if  he  makes  any  before  fuch  notice, 
he  fhail  forfeit. 30/.      \o  An.  r.  19.  /  43. 

And  no  perfon  fliall  ufe  any  place  for  drying  the  fame,  or  ma- 
king it  fit  for  uie,  other  than  fu<?h  common  place  whereof  he  hath 
given  notice;  on  pain  of  zol.    /■  44. 

And  all  paper,    materials,   and  utenfils  found  in   any  private 

workhoufe  or  other  place,  for  which  no  entry  hath  been  made  or 

notice  given,  fhali  be  forfeited,    f.  54. 

Officer  to  enter        5-  The  ofiicer  ihall  by  day  or  night,  and  if  in  the  night  in  pre- 

and  take  account,  fence  of  a  confcable,  be  permitted  on  rcqueft  to  enter  into  the 

•houfe,  mill,  yard,  drying  houfe,  warehoufe,  or  other  place,  and 

take  an  account,  and  make  report  thereof  to  the  commifTioners  or 

.  whom  they  fhall  appoint,  and  leave  a  copy  fif  demanded)  of  fuch 

report  under  his  hand  with  the  maker  ;  and  if  he  fhall  not  leave 

fuch  copy  (after  demand  in  writing,    12  G.  c.  28.  /  30.)  he  fhall 

forfeit  40 J.      \o  An.  c.  \().  /■  48. 

And  he  fhall  be  permitted  to  take  an  account  of  the  quantity  of 
rag?,  cordage,  and  other  materials,  and  of  all  paper  in  the  pof- 
feffion  of  a!!y  painter  or  fiainer,  and  of  their  proceedings  in  ma- 
Jcing,  or  in  painting  or  flaining  it.  10  An.  c.  19.  /  50. 
Mark  on  paper  6.  And  before  any  paper  fhall  be  printed,  painted,  or  flained, 
before  painting,  ^j^g  ofHcer  fhail  bc  permitted  to  take  accourit  of  the  diraenfions, 
and  fn^Ii  {lamp  or  feal  every  fheet  and  piece,  to  denote  that  fuch 
account  hath  been  taken;  and  if  the  oiiicer  fhall  mifs  any  quantity 
whereof  he  had  fo  taken  an  account,  and  fliall  not  on  reafonable 
demand  receive  fatisfadion  what  is  become  of  it,  he  may  charge 
the  duties  for  it.     1  G\  /.  2.  c,  36.  /.  17. 

7.  Ad4 


I 


CjCClfC.     (Plate.)  377- 

7.  And  If  any  perfon  ih^W  obftruftany  officer,  in  the  execution  Obftruaingi^ 
oi  his  duty,  he  fliall  forfeit  20  /.      io  Jn.  c.  19.  /.  50.  °^^"- 

8.  No  maker  fhall  remove  any  paper  of  which  no  account  hath  Removing  before 
been  taken,  without  giving  two  days  notice  to  the  officer ;  on  pain  account  taken, 
of  20/.      10  An.  c.  19.7.  51. 

And  no  perfon  Ihall  remove  any  foch  painted  paper,  until  the 
officer  hath  taken  an  account  of  the  quantity  thereof,  and  until 
every  piece  or  parcel  fhall  be  marked  or  flamped  ;  on  pain  of  20  /. 
I  G.  Jr.  2.   f.  36.  /  18. 

9.  And  the  maker  or  ftainer  concealing  any  paper  or  materiak,  Concealing  from 
fhall  forfeit  20/.      10  Jn.  r.  19.  /  53.  ^^^  °^'"' 

I  o.  And  the  maker  and  ftainer  fliall  keep  feparate  the  paper  Paper  unfunreyed 
which  is  unfurveyed,  for  48  hours  after  making  or  ftaining,  unlefs  '°  bekeptfepa- 
it  fiiaJl  befooner  furveyed  by  the  olncer  J  on  pain  of  50/.    10  Jn,       '  ,* 

t.  19./  52. 

1 1.  The  maker  or  painter  (hall  once  in  fix  weeks  make  entry  Entry  of  paper 
on  oath  at  the  next  office,  of  all  paper  made  by  him  fit  for  ufe,  with  rna^e- 

the  kinds  and  quantities ;  on  p:.in  of  50/.      10  J>i.  c.  19.  /  45. 

But  no  perfjn  fnall  be  obliged  to  go  to  make  entry,  farther  than 
the  next  market  town.     /.  46. 

12.  And  the  duty  (hall  be  cleared  off  in  fix  weeks  after  entry.  Payment  of  the 
on  pain  of  double  duty  ;  and  after  default  in  payment,  no  perfon    ^^^' 

fhaJl  fell  or  deliver  any  out,  till  the  duty  is  cleared  off,  on  pain  of 
double  value  of  fuch  paper  fold  or  delivered  out.   10  Jn.  c.  ig.f.  ^y, 

13.  Paper  that  hath  paid  the  duty  may  be  exported,  and  the  Exportatjoa, 
duties  fhall  be  drawn  back.      10  An.   c.  19.  /  57,  58,  59. 

But  there  fhall  be  ro  drawback  allowed  on  foreign  paper  ex- 
ported.    10  (7.  2.  c.  27. 

14.  All  the  excife  laws  fhall  be  in  force  for  managing  thefe  du-  Power  of  the 
ties ;  and  the  penalties  fhall  be  fued  for,  levied,  mitigated,  and  j^f^ices, 
difpofed  of,  as  by  the  laws  of  excife.     10  An.  c.  ig.  /.  60,  61. 

24  G.  2.   c.  40.  /  33. 

15.  And  all  paper,  materials,  and  utenfils,  in  cuflody  of  the  Pap««"  and\iteii- 
maker  or  flainer,  or  of  any  to  his  ufe,  or  in  trufl  for  him,  fhall  ^'.'^  ^^f'^^  ^® 

be  liable  to  all  duties  in  arrear,  and  to  all  forfeitures  relating  to  '  '^^^' 
the  faid  duties,  in  the  fame  manner  as  if  the  offender  or  debtor 
were  the  lawful  owner.     10  An.  c.  19.  /  55. 

For  the  flarop  duties  on  paper,  fee  title  S^tautpSi* 

XL  Plate. 

1.  By  the  ^^W.  <:.  5.  and  6  G.  c.ii.  Additional  duties  are  Duty  on  pkte 
laid  on  plate  imported,  over  and  above  what  it  is  charged  in  the  "iiported. 
book  of  rates:  which  fhall  be  under  the  management  of  the  com- 
milTioners  of  the  cuftoms. 

2.  By  the  6  G,  f .  1 1 .  For  all  filver  plate  made  in  Great  Britain,  Duty  on  plate 
a  duty  of  6  a.  an  ounce  fhall  be  paid  by  the  maker.    /.  4.  made  m  Great 

But  manufadures  of  filver,  under  three  penny  weights  (except    '^'■^'°* 
handles,  hafts,  fpoons,  thimbles,  buckles,  clafps,  or  buttons)  fhall 
pot  be  chargeable  with  the  duty.     7  G.  /.  i.  c.  20.  /.  34. 

3,  And 


378 


€%titC.     (Plate.) 


duties 


Aflayert. 


M»ker  to  be  en^ 
tred  with  the 
watden»  of  the 
tc-ftipany. 


cers  for  Uiefe  3.  And  the  commiffioners  of  the  treafury  fhall  appoint  coramif- 
fioners  for  the  management  of  thefe  duties ;  who  (hall  fubftitute 
inferior  officers.     6  G.  c  \i.  /.6. 

4.  Moreover,  to  prevent  frauds  in  the  true  making  of  plate,  it 
is  enadled  by  the  12  ^  13  fV.  c.  4.  and  i  Jn.  Ji.  \.  c.  9,  that 
(bcfides  the  city  of  London)  York,  Exeter,  BriJIol,  Chefter,  Nor- 
'ivich,  and  Nenn-cajile  upon  Tyne  (hall  be  appointed  for  the  aflaying 
and  marking  of  plate. 

And  the  goldfmiih5,  filverfmiths,  and  plateworkers  in  the  faid 
places,  fliall  be  incorporated  into  a  company,  and  chufe  wardens 
yearly.     12^13  IV.  c.  4.  /  2. 

And  an  alTayer  {hall  be  defied  by  the  company  in  each  of  the 
faid  places,  who  (hall  be  fworn  by  the  mayor.    /  4,  5. 

4.  And  every  goldfmith,  filverfmith,  and  pjateworker,  within 
the  faid  places,  and  elfewhere,  fhall  before  he  takes  upon  him  to 
exercife  the  faid  trade,  enter  his  name,  and  mark,  and  place  of 
abode,  with  the  wardens  of  the  company  where  an  affayer  is ; 
and  if  he  fhall  not  make  fuch  entry,  or  fhall  flrike  any  other  mark 
but  what  is  fo  entred,  he  fhall  forfeit  double  value,  half  to  the 
king,  and  half  to  him  that  fhall  fue  in  any  court  of  record  in  the 
county  or  place  where  the  olFence  fhall  be  committed.   12^  x^W. 

<-  4-  /  7. 

6.  Alfo  they  fhall  give  notice  in  writing  at  the  next  office  for 
ijjg  to  be  entred.  the  duties  abovementioned,  of  their  names  and  places  of  abode, 
and  where  they  intend  to  work ;  on  pain  of  20  /.     6  G.  r .  1 1 . 

/■!■ 

And  all  plate,  and  other  manufactures  of  filver,  which  fhall  be 
found  in  any  private  workhoufe.  and  all  private  utenfils  for  making 
the  fame,  of  which  no  notice  hath  been  given,  fhall  be  forfeited^ 
or  the  value  thereof  6  G.  c.  11./  16. 
Officers  to  enter  7,  The  ofKcers  for  the  faid  duties  fhall,  in  the  day  time,  be 
permitted  on  reqaeft,  to  enter  the  workhoufe,  and  take  an  ac- 
count of  the  weight,  and  fhall  thereof  make  return  in  writing  to 
the  commifTioners  or  whom  they  fhall  appoint,  leaving  a  copy 
thereof  (if  demanded)  with  the  maker ;  and  if  any  officer  fhall 
refufe  (after  demand  in  writing,  12  G.  c.  28.  /  30.)  to  leave  fuch 
copy,  he  fhall  forfeit  40 j.     6  G.   r.  i  i.  /  10. 

8.  And  if  any  maker  or  worker  fhall  obftruft  any  fuch  officer, 
in  the  execution  of  his  duty ;  he  fhall  forfeit  20  /.  6  G.  r .  1 1 . 
/  12. 

g.  And  the  maker  fhall  keep  fcales  and  weights  at  the  place  of 
working,  and  permit  and  affift  the  officer  to  make  ufe  thereof;  on 
pam  of  I  o  /.     6  G.  f .  1 1 .  /.  1 1 . 

10.  And  no  maker  (on  pain  of  40/.)  fhall  remove  any  fuch 


t 


Places  of  work- 


and  take  ac- 
count. 


Obftrufting  the 
pfficer. 


Maker  to  keep 
fciiles  and 
weights. 


Removiiig  before 
furveyed. 


Concealing. 

Plate  not  furvey- 
ed  to  be  kept 
(eparate. 


plate  by  him  made,  of  which   no  account  fhall  have  been  taken 
by  the  officer,  without  giving  him  24  hours  notice.     6  G.  c.  11. 

1 1.  And  if  the  maker  fhall  conceal  any  plate,  to  avoid  the  du- 
ties ;  he  fliall  forfeit  20  /.     6  G.  c.  1 1 .  /.  i  c. 

1  2.  And  the  plate  not  furveyed  fliall  be  kept  feparate  from  that 
which  fhall  have  been  furveyed,  for  24  hours  after  making  ;  un- 

lefs' 


CjCClte.     (Plate.y  379 

lefs  it  Ihall  have  been  fooner  furveyed  by  the  officer  ;  on  pain  of 
10 /.     6G.  c.  i\.  f.  14. 

13.  And  the  makers  fliall  once  a  month  make  entry  in  writing  Entry  of  plate 
upon  oath,  at  the  next  office  for  the  faid  duties,  of  all  the  filver  made. 

plate  by  them  wrought  within  fuch  month,  containing  the  weight 
and  kinds,  and  how  much  was  made  in  each  week ;  on  pain  of 
100/.     6G.  r.  11./  8. 

14.  And  they  Ihall  clear  off  the  duty  in  fix  weeks  after  fuch  Payment  of  the 
entry  ;  on  pain  of  double  duty.     6  G.  c.  1 1.  /  9.  <^"ty' 

15.  And  every  goldfmith,  filverfmith,  and  plateworker,  inha- Allaying^ 
biting  where  there  is  not  an  affayer,  fhall  firfl  fix  his  mark,  and 

then  fend  it  to  an  afTayer ;  and  if  it  be  found  by  the  affayer  to  be 
of  the  finenefs  of  the  Ibndard,  then  he  fhall  mark  it,  and  have 
6d.  a  pound  for  his  trouble :  And  if  any  fuch  perfon  fhall  make 
any  plate  (lefs  in  finenefs  than  the  llandard,  or  put  any  to  fale  (ex- 
cept what  by  reafon  of  its  fmallnefs  is  not  capable  of  the  touch) 
before  it  fhall  be  affayed  and  marked  ;  he  fhall  forfeit  the  fame, 
half  to  the  king,  and  half  to  him  that  fhall  fue  in  any  court  of 
record  in  the  county  or  place  where  the  offence  fhall  be  committed. 
12&  \-^W.  f.  4.  /  9. 

16.  And  as  to  the  finenefs  thereof  by  the  flandard,  it  is  enabled  Finenefs  hy  the 
by  the  6  G.  r.  ii.  that  plate  may  be  made,  either  according  to  ^''"''*'^*^' 

the  old  ftandard  (of  1 1  ounces  and  2  pennyweights  fine  filver  in 
every  pound  troy) ;  or  according  to  the  new  ftandard  (of  1 1 
ounces  and  10  pennyweights) :  buc  differently  marked.    /41. 

17.  That  is  to  fay,  plate  of  ii  ounces  and  2  pennyweights,  Mark, 
fliall  be  marked  with  the  maker's  mark,  wz.  the  'lirft  letters  of 

his  chrilHan  and  furname  ;  the  mark  of  the  goldfmith 's  company 
in  London,  I'iz..  the  leopard''s  head,  lion  pafl'ant,  and  a  dillin(i\ 
variable  mark  to  denote  the  year ;  (or,  with  the  mark  of  the 
worker  or  maker,  and  with  the  mark  appointed  to  be  ufed  by 
the  affayers  at  Toyk,  Brijiol,  Chtjler,  Noriukh,  or  Nemocnjile  upon 
Tyne :) 

And  plate  of  1 1  ounces  and  10  pennyweights  fhall  be  marked 
with  the  maker's  mark,  I'i^.  the  firll  letters  of  his  chrillian  and 
furname ;  and  the  mark  of  the  faid  company,  o^vx.  a  lion's  head 
erafed,  the  figure  of  a  woman  called  Britannia,  and  the  faid 
mark  or  letter  to  denote  the  year  ;  (or,  with  the  mark  of  the 
worker  or  maker,  and  the  mark  of  one  of  the  faid  cities  or  towns). 
li  G.  2.  c.  26.  /  5. 

18.  And  to  prevent  frauds  in  the  duties  abovementioned,  the  Account  be- 
maker  fhall  fend  with  every  parcel  to  the  affay  office,  a  note  in  tween  the  aflay 
writing,  containing  the  day  and  year,  his  chriftian  and  furname,  ^"'^^''"^^'^*"*' 
and  place  of  his  abode,  the  feveral   kinds  of  fuch  plate,  and  the 

number  of  each  kind,  and  the  weight ;  which  fliall  be  entred  in  a 
book  by  the  officer  of  the  company,  and  aftersvards  filed ;  and 
the  fame,  or  copies  thereof,  fhall  be  delivered  by  the  officer  upon 
oath  monthly  into  the  excife  office ;  and  the  commiffioners  Ihall 
monthly,  or  oftncr  if  they  think  fit,  appoint  infpedors  to  examine 
fte  books.     12  G.  i,  {.  26.  /  9, 

19.  So 


38o 

Exportation. 


CjCClte.     (Salt.) 


19.  So  much  wrought  plate  fl)all  be  exported  yeacly  ias  (hall  beJ 
allowed  by  the  commiffioners  of  the  cufloms,  or  three  of  them. 
9^3'  loir.  c.  28./  I. 

And  the  duties  fhall  be  drawn  back.     6  G.  r.  1 1.  /  18. 
But  nQ  drawback  fhall  be  allowed  for  plate  above  feven  years 
old.     12G.  2.  C.26./.  10. 
Power  of  the  20.  All  the  powers  of  the  excife  laws  (hall  be  in  force  for  ma- 

juiUces.  naging  thele  duties ;  and  the  forfeitures  (not  otJierwife  herein  di- 

rected) fhall  be  fued  for,  levied,  or  niitij;ated  as  by  any  law  of 
excife,  or  in  the  courts  at  lV(jhnin(fe>\  and  be  di1;)ofed  half  to  the 
ufe  of  the  lung,  and  half  to  him  who  thall  lue.  6  G.  c  11. 
f.  19,  20.  24G.  z.  f.  40.  /  33. 
Utenfils  liable.  2 1 .  And  all  the  plate,  materials,  and  utenfih  in  the  cuflody  of 
the  maker,  or  of  any  perl'on  ro  his  ufe,  Ihail  be  liable  to  the  du- 
ties in  arrear,  and  to  the  peuakies  ;  ard  iuch  proceedings  may  be 
had  thereupon,  as  if  fuch  maker  were  the  lawful  owner.  6  G. 
CM.  f.  17. 

For  other  regulations  concernin?!;  plate,  not  relating  to  thefe 
duties,  the  reader  may  coniult  the  ftatutes  at  large  mentioned 
under  this  head;  and  efpecially  the  12  G.  2.  c.  26. 


Officers  for 
fait  duties. 


:!ie 


BritiiTi  fait  im- 

fOItC-.l. 


XIl  Sah. 

1.  The  duties  upon  fait  fnall  be  under  ;he  management  of  the 
commiflioners  of  excife.     S  ^'i-  ^-  7-  /•  ^■ 

Or  particular  commiffioners  may  be  appointed  ;  in  which  cafe 
they  (hall  have  the  fame  powers  as  commiffioners  of  the  excife. 
\  A'l.  fi.\.  c.z\.  f.  z6. 

And  all  colleftors  and  other  officers  for  afcertaining,  collefling, 
or  receiving  the  duty,  fhall  be  appointed  under  ths  hands  and  feals 
of.  the  faid  commiffioners.      5  //I  r.  7.  /  5. 

And  no  perfon  fhall  ail  as  chief  comniiffionpr  until  he  fhall  be- 
fore a  baron  of  the  exchequer  take  the  oaths  of  a'legiance,  fupre- 
macy,  and  abjuration  ;  and  the  oath  following  : 

Toujhall f-Mecr  to  execute yo-ur  cjp.ce,  tnt'.y  and  fu'uhfuUy  iiitb- 
DUt  favour  or  affcSIioK,  and  jhali  from  time  to  time  account  make 
mtd  deliver  to  fuch  perfon  and fafons  ai  his  majifiy  fiall  appoint  to 
receive  the  fame  ;  and  Jha.ll  tnke  no  fee  or  reiuard  for  the  execution 
of  the  faid  o£ice,  from  an^  other  perfon  than  from  his  mafjly,  or 
thofe  nvhom  his  majefy  fall  appoint  on  that  beljalf :  So  heJf>  you  god. 
5  \V.   c.  7.  f.  14. 

And  no  perfon  (hall  be  capable  of  any  office  relating  to  the  faid 
duties  (other  than  that  of  chief  commiffioner),  until  he  fliall  be- 
fore two  commiffioners,  or  two  juftices  of  the  peace  where  he  fhall 
be  appointed  officer,  take  the  faid  oaths  of  allegiance,  fupremacy, 
and  abjuration,  and  the  faid  laft  mentioned  oath  mutatis  mutandis, 
5  fr.  c.  7.  /.  I  5. 

2.  By  the  2^3  An.  c.  14.  No  fait  of  the  produce  of  Great 
Britain,  or  the  Ijle  of  Man,  fhall  be  imported  or  landed  in  E^g- 

l-mdi 


I 


enitt.    (Salt.)  381 

I  ■  h-f;  <>rr  pain  that  the  fame  fh'll  'be  forfeited,  anB  alfo  the  (hip 
iJj  tarkTi- ;  and  every  perfon  afiiliing  therein  fliall  forfeit  20/.  or 
be  iniPrifohied  (ix  motths.  f.  i.  [And  by  the  5  G.  c.  }S.  /.  23. 
this  ib  cxfended  fo  fait  fhipped  for  exportation,  and  put  on  Ihore 
again,  or  taker:  out  of  the  vefTel.)      '    < 

And  the  fak  omcers  may  at  snytthie  within  two  months,  feize 
the  fait,  fhip,  and  tackle;  and  if  the  ouTiCr  fhall  not  in  20  days 
claim  the  faifie,  and  give  lecurity  to  anfwer  the  value,  they  fhall 
be  fold.    /.  2. 

But  this  fhall  not  extend  to  fait  ihipped  to  be  carried  coaftwifc 
by  cer::ficate.  .  /  3. 

Alfo,  where  fait  entred  for  exportation,  (hall  be  forced  into 
any  port  by  weather,  enemier,  or  other  neceflity,  the  owner  or 
mafter  may  within  20  days  reland  the  fait,  fo  as  entry  be  made, 
and  the  dra'vback  repaid.    /■  4- 

Alio,  where  a  fhip  ihill  come  in  from  Ireland,  or  any  other  fo- 
reign part,  havifig  any  fait  on  board,  which  was  taken  in  only  for 
provifion  of  the  ftiip  ;  the  mailer  may  land  the  fame,  fo  as  entry  i"^  .ao.rf->- 
be  made  in  ten  days,  and  the  duty  paid  or  fecured  as  for  foreign 
fait  imported,  id.  /.  6.  But  if  he  fhall  not  enter  and  pay,  or 
fecure  the  duty  in  ten  d?ys,  and  before  it  be  landed,  the  fame  fhall 
be  forfeited,*  and  the  mafter,  owner,  or  importer,  (hall  forfeit 
Jouble  value.     5  G.  c.  18.  yi  18. 

3.  By  the  5  ?/'.  c.  7.     There  fhall  be  paid  for  every  gallon  of  Foreign  fait  im» 
foreign  fait  imported,   3  //.  over  and  above  other  duties.    _/!  3.         ported. 

And  by  the  9  ^'"  10  W.  f.  44.  an  additional  duty  is  laid,  of 
J  d.  z  gallon.  /.  3.  The  fame  amounting  in  the  whole  to 
6s.  Sd.a  bufhel.     8  G.  r .  4. 

The  gallon  to  be  rated  after  8  gallons  to  the  bufhel  Winchfjier 
meafurc.     5  IV.  c.  7.  /  18. 

And  84/^.  weight  of  foreign  fait  fhall  be  deemed  a  bulhcL 
I  J^n.  Jl.  I.  c.  21.  /.  6 

Which  faid  duties  (hall  be  paid  by  the  importer,  on  entry, 
and  before  landing ;  yet,  on  giving  fecurity  to  the  colledlor,  he 
(hall  have  fix  months  time  for  payment :  But  if  he  pay  ready 
money,  he  (hall  have  after  the  rate  of  10/.  per  centwn  per  annum 
abated.     9  ^  10  W.  c.  js^\.  f.  6. 

And  by  the  5  Jn.  c.  29.  If  the  fait  imported  amounts  in  the 
whole  to  more  than  40  bufhels,  a  further  time  is  allowed  for  pay-  '' 

nient  of  the  diuies :  In  order  to  which,  the  fait  fhall  on  landing 
be  weighed,  cellared,  and  locked  up  in  the  prefence  of  a  fait  o(H- 
cer,  under  the  cuftcdy  of  the  merchant  or  importer  (who  is  to  be 
at  the  charge  of  the  cellarage  or  ftorehoufe) ;  and  the  merchant 
or  importer  may  in  prefence  of  a  fait  officer,  and  by  warrant  or 
permit  ur.der  i.is  hand  and  feal,  have  what  quantity  thereof  his 
occa(ions  may  require,  not  under  40  bufhels  at  a  time  ;  giving 
fecurity  for  the  duty  of  what  quantity  he  receives,  payable  in  fix 
months :  and  if  he  lliali  pay  ready  money,  he  (hall  have  after  the 
rate  of   lo/.  fer  re?!t.  p  r  atinum  sh?ittA.     _/!  I,  3. 

But  .if  fuch  foreign  fait  imported,  fnali  not  on  landing  be  fe- 
cured as  aforefaid,  it  (hall  be  liable  to  payment  of  duties  and  to 
fuch  penalties  for  not  paying  or  fecuring  the  fame^  as  if  ihis  aft 
3  had 


382 


€Xtitz,     (Salt.) 


Joie  payment  of 
the  dut;. 


Search  on  fliip- 


had  not  been  made ;  and  no  fait  fo  cellared  and  locked  up  ihall  hi 
removed  without  notice  finl  given  to  the  officer,  and  without  a 
warrant  or  permit  for  conveying  it  j  on  pain  of  forfeiting  fuch 
fait,  and  loj.  a.  buihej,  and  alfo  20/.  to  be  recovered  of  the  im- 
porter ;  and  the  carrier  or  perfon  removing  it,  fliall  be  alfo  liable 
to  the  penalty  of  lo  j.  a  bulhel,  and  20/.  foi*  every  offence.  /  2i 
And  no  foreign  fait  fhall  be  imported  in  any  fhip  or  vefTel  of  lefs 
burden  than  40  tuns,  and  in  bulk  only  (except  for  the  neceilary 
provifions  of  the  fliips) ;  on  pain  of  forfeiting  the  fait  and  double 
value  thereof,  to  be  recovered  of  the  importer.  3  G.  2.  c.  20. 
/.  18. 
landing  fait  be-  4.  And  if  finy  fait  be  landed  before  entry  made  with  the  fait 
'  officer,  or  before  the  duty  paid,  or  without  a  warsant  for  landing 
the  fame  figned  by  the  fait  ofHcer ;  it  {hall  be  forfeited^  or  the 
value,  and  alfo  \os.  a  bufhel.  9  fo'  10^'.  c.  44.  /  6.  And 
moreover,  every  perfon  alfifting  therein,  Ihall  forfeit  loo/.  5  C 
f.  18. /.  24. 

5.  And  any  ofiicer  of  the  fait  duties,  or  cuftoms,  may  go  on 
board  any  vefld,  to  fearch  if  there  be  any  fait  on  board,  and  may 
feize  the  fame  if  it  be  found  in  any  other  veffel  than  that  wherein 
it  was  brought  into  port,  unlefs  it  had  been  entred,  or  the  duty 
paid ;  and  all  fuch  fait  fhall  be  forfeited,  or  the  value  thereof,  to 
be  recovered  of  the  mafter  or  owner  of  the  veffel,  who  fhall  alfo 
be  liable  to  all  other  penalties  as  if  the  fame  had  been  landed 
without  entry  or  payment  of  duties :  and  every  perfon  obflrudling 
fuch  ofhcer,  fhall  forfeit  40/.      5  G.  r.  i8.  /  22. 

6.  And  where  any  veffel,  laden  with  fait,  fhall  be  found  hover- 
ing on  the  coaib,  the  officers  of  the  cuftoms  or  fait  duties  may  go* 
on  board  and  compel  them  to  come  into  port,  and  may  continue 
on  board,  till  the  fait  ihall  be  unladen,  or  the  fhip  depart  on  hef 
voyage:  And  if  the  perfons  on  board  fuch  fhip,  or  any  other 
veffel  importing  fait,  fhall  ncgleft  or  refufe  to  enter,  or  to  unlade 
fuch  fait,  for  20  days  after  it  is  come  into  port,  or  within  that  time 
to  depart  on  their  voyage,  unlefs  permitted  by  the  chief  officer  of 
the  cuftoms  to  flay  longer  ;  in  fuch  cafe  all  the  fait  on  board  fhall 
be  forfeited,  and  double  value  thereof,  to  be  recovered  of  the 
mailer  or  commander  of  the  veffel.      i  An.  Ji.  i.  c.  z\.  /.  j. 

7.  By  the  5  If.  c.  7,  a  duty  is  laid  on  home  fait  of  1  !</.  a 
gallon.    /3. 

Which  by  the  7  Cff  8  W.  f.  31.  is  explained  to  extend  to  all 
fait  made   ](rom  rock  fait,   fait  refined,   or  fait  made  from  falt^ 

And  by  the  9  ^  10  W.  c.  44.  a  further  duty  is  impofed  on  alt 
fuch  fait,  of  3  i  a',  a  gallon.  /  5.  The  fame  amounting  in  the 
whole  to  3  X.  4  d'.  a  bufhel. 

Note;  By  the  3  G.  2.  c.  20.  Thefe  duties  were  repealed,  but 
were  revived  by  the  5  G.  2.  c.  6.  for  three  years,  and  fo  front 
time  to  time  continued,  and  at  laft  by  the  26  G.  2.  c.  3.  mad* 
perpetual. 

And  by  the  9  An.  r.  23.  A  further  duty  of  9;.  a  ton,  is  laid 
OB  all  rock  fait  exported  to  Ireland,    f.  44. 


Ships  hovering 
near  the  coaft. 


DiUy  on  home 
fak. 


hiA 


I 


emtt.  (Salt.)  383 

And  rock  fait  (hall  be  afcertaincd  as  to  payment  of  the  duties, 
at  6q  pounds  weight  to  the  bufhel.      i  ^«.  Jf.  i.  c.  zi.  /.  g. 
All  other  fait  at  56  pounds  to  the  bulhel.     9^10^'.    c.  44.: 

8.  Where  any  rock  fait  for  which  the  duties  fhall  have  been  °'4  jj^^^g^^^ 
paid  or  fecured,    fhall  be  melted  and  refined  ;  the  perfon  who  fhall 

refine  it  inco  white  fait,  Ihall  have  an  abatement  out  of  the  duty 
of  the  faid  white  fait,  of  fo  much  as  was  charged  on  the  faid  rock 
fo  melted  and  refined  ;  fo  as  the  rock  fo  refined  were  before  the 
melting  thereof  weighed  in  prefence  of  the  officer  ;  and  fo  as  oath 
be  firfl  made  before  a  juflice  near  adjoining,  of  the  particular 
quantity  of  rock  fait  by  fuch  refiner  employed  in  making  the  faid 
white  fait,  and  that  he  or  any  other  perfon  by  his  privity  did  not 
increafe  the  faid  rock  fait  by  mixing  or  other  undue  pradice.  and 
that  no  former  allowance  for  the  faid  rock  fait  had  been  made  to 
his  ufe  i  and  Co  as  due  proof  be  made  upon  oath  or  otherwife, 
that  the  duties  for  the  faid  rock  fait  fo  refined  were  paid  or 
fecured.      10  ^  1 1  ^/',   c.  zz.  /.  6. 

And  no  rock  fait  ihall  be  refined  or  made  into  white  fait  in  any 
place  except  within  ten  miles  of  the  pit,  or  at  fuch  places  as  were 
ufed  for  refining  rock  fait  before  May  10,  1702.  on  pain  of  40/. 
a  bufhel.     i  Jn.  j}.  \.  c.zi.  f.  10. 

9.  Every  maker  of  fait,  refiner  of  rock  fait,  and  proprietor  of  ^"^^y  °f  ^*'* 
any  fait  works  or  pits,  who  fhall  fet  up  or  ufe  any  fait  work,  fait  ''*''"  ^""^  f'^*' 
pit,  fait  pan,  ftorehoufe,  warehoufe,  or  other  place,  for  the  ma- 
king, laying,  refining,    or  keeping  of  fait  or  rock  fait,    without 

giving  notice  thereof  at  the  next  fait  office ;  ihall  forfeit  40  /. 
I  An.  Jl.  I.  c.  21.  /.  \. 

10.  And  if  any  fait  maker,  importer  of  fait,  or  refiner  or  pro-  Officer  to  enter 
prietor  of  rock  fait,  fhall  on  requelt  or  demand  made,  in  the  day  ^^^  Purvey, 
time,  or  in   the  night  in  prefence  of  a  conflable,  refufe  to  permit 

the  officer  to  enter  and  come  into  his  works,  warehoufe,  ftore- 
houfe,  or  other  place  for  making,  laying,  refining,  or  keeping  of 
fak;  he  fhall  forfeit  40/.      i  Jn.  ft.  i.  c.  zi.  f.  z. 

11.  And,  generally,  if  any  perfon  fhall  obftrudl  any  officer  in  Ofeflrufting  tbr 
the  execution  of  his  office,  or  of  the  powers  given  him  by  any  o^'^cr. 

law  relating  to  the  fait  duties ;  he  fiiall  forfeit  20/.  and  for  non- 
payment, and  in  default  of  diftref?,  he  may  be  committed  to  the 
houfe  of  correction,  to  be  whipt  and  kept  to  hard  labour  for  any 
time  not  exceeding  one  month,      i  Jn.  Jt.  i.  r.  21.  /.  4. 

12.  No  fait  fhall  be  delivered  from  any  fait  works  or  pit?,  with  Removing  Talr 
out  notice  firft  given  to  the  officer  ;  on  pain  of  forfeiture  of  the  ^"^«"«  "*"'«' 
fait  fo  delivered,  and  of  zol.  by  the  owner  of  the  works  or  pits. 

SJV.  c.-j.f.  19. 

And  by  the  9  {ff  I  o  W.  c.  44.  No  fait  fhall  be  delivered  from 
any  fait  works  or  pits,  without  notice  given  to  the  officer ;  on 
pain  of  the  owner  forfeiting  the  fame,  and  lor.  a  bulhel.  /  26. 

1 3.  The  colleftor  (hall  provide  at  every  fait  work  or  pit,  a  fuf-  Scales  and 
ficient  beam,  fcales,  and  weights,  or  ftilyard,  and  fhall  have  liberty  *'«8^^"- 
to  fix  the  fame,  for  weighing  the  fait  that  fhall  be  delivered  frca 

thence  ;  and  one  or  more  perfons  living  near,  fhall  be  admitted 
and  fvvorn  to  the  true  weighing  of  fuch  fait,  bcfare  on«  juibce 

near 


38+  €]CClte.     (Salt.) 

near  adjoining,  without  fee ;  and  he  fhall  be  paid  by  the  collefloi' 
or  officer  for  the  duties,     y  &  8  W.  f.  31.  /.  46. 
Weighing.  14.  Every  owner  of  any  rock  pit,  who  fhall  take  any  rock  fait 

out  of  fuch  pit,  fluill  before  the  removal  thereof,  caufe  the  fame 
to  be  weighed  in  the  prcfence  of  the  fah  officer,  who  fliall  attend 
at  all  realonable  honrs  in  the  day  time  to  fee  it  weighed,  and  take 
an  account  and  make  return  thereof  in  writing  under  his  hand 
to  the  commiffioners  of  excife,  or  whom  they  fhall  appoint,  leav- 
ing a  true  copy  under  his  hand  with  the  proprietor :  and  if  the 
proprietor  refufe  to  weigh  it  in  prefence  of  the  officer  when  taken 
out  of  the  pit,  or  fuffer  any  rock  fait  to  be  removed  from  the  pit 
before  it  hath  been  weighed  ;  he  fliall  forfeit  20/.  and  double  va- 
lue. 10^11?/^.  f.  22.  /  3. 
Entry  of  fait  15.  All  makers  and  proprietors  of  fait  fliall  make  entries  with 

*^'^*'  the  fait  officers  of  the  quantity  by  them  made  and  delivered,  or 

imported ;  and  fliall  have  a  warrant  under  the  hand  and  feal  of  an 
officer,  inipowering  them  to  carry  away  the  fame,  before  it  fliall 
be  removed,  which  warrant  the  officer  fliall  give  on  paying  or 
fecuring  the  duties  (in  nine  months,    5  J/t.    c.  29.  /  5.)  :    But 
if  any  perfon  at  the  time  of  entry  fliall  pay  ready  money,   he 
.   fliall  have  after  the  rate  of   ten  per  centum  per  ar.r.ujn  allowed. 
5  VV.  c.  7.  /  6. 
Paj-roent  of  the      1 6.  And  the  proprietor  of  rock  pits  fliall  clear  off  the  duties  of 
duties.  all  rock  fait,  in  two  days  after  the  charge  made  by  the  officer,  or 

within  the  faid  two  days  give  fecurity  to  pay  the  fame  (in  twelve 
months,  5  Jn.  c.  29.  /  5.)  ;  on  pain  of  double  value  of  the  du- 
ties :  But  if  he  fliall  pay  within  the  two  days,  he  fliall  be  allowed 
after  the  rate  of  10/.  per  centum  per  annum,  for  the  faid  twelve 
months.  10  b'  1 1  JV.  c.  22.  /  4,  5. 
IRfcount  on  pay-  I/-  And  perfons  giving  fecurity  for  payment  of  the  duties, 
raent.  may  at  any  time  within  28  days  after  giving  the  fame,  pay  the 

duty,  and  fliall  have  a  difcount  after  10  /.  per  centum  t,cr  annu7n  for 
the  remainder  of  the  time,      i  An.  ft.  i.  c.  21.  /  29. 
How  far  rock  1 8.   But  the  owners  of  rock  fait,    may  remove  it  out  of  the 

fjt  may  be  re-  pits,  or  warehoufes  adjoining  or  belonging  to  fuch  pits,  into  their 
r.-.Qved,  with  the  other  warehoufes  or  places  for  ftoring  thereof,  for  convenience  of 
tttty  unpai  .  felling  Or  fliipping,  after  entry  made,  and  a  warrant  taken  for  the 
fame  from  the  next  officer  ;  and  fliall  not  be  obliged  to  pay  or  fe- 
cure  the  duty  on  fuch  removal,  t^W.  c.j./.zz. 
Salt  carried  19-  The  officers  may  feize  all  fait  carried  before  entry,  with- 

ivithout  a  per-     out  a  permit,  and  the  fame  fliall  be  brought  to  the  next  office  ; 
™>^'  and  if  it  fliall  not  be  claimed  by  the  owner  or  one  deputed  under 

his  hand,  in  ten  days,  it  fliall  be  forfeited  and  fold  the  next  gene- 
ral day  of  fale  :  And  if  it  be  claimed  in  ten  days,  ar.d  the  claimer 
doth  not  make  it  appear  by  the  oath  of  one  witnefs  that  it  had  been 
duly  entred,  and  a  warrant  obtained  for  removing  it,  it  fliall 
likewife  be  forfeited  :  And  every  perfon  who  fliall  carry  or  caufe 
it  to  be  carried  before  fuch  entry  and  warrant,  fhall  forfeit  double 
the  value.  ^IV.  c.  -j.  f.  j.  And  alfo  10  j.  a  bufhel.  c^^ioPF.' 
<:.44. /12. 

And  by  the  \  An.  ft.  \.  c  i\.  \i  any  fait  earner,  or  other  per- 
fon, fliall  remove' any  fait  from  any  faU  works,  or  place  thereunto 

belonging. 


'€%Citt.     {Salt.)  3S5 

belonging,  without  entry  and  payment  of  the  duties  or  fecurlng 
the  lame,  or  without  a  permit ;  the  officers  may  not  only  feize  the 
lair,  but  alfo  apprehend  the  offender,  and  if  he  fliall  not  on  con- 
vidion  pay  the  penalties,  and  no  fufficient  diftrcfs  can  be  found,  he 
may  be  committed  to  the  houfe  of  corredion  to  be  whipt  and  kept 
to  hard  labour  for  any  time  not  exceeding  one  month.    /  4. 

And  by  tlie  2^3  An.  c.  \:^.  The  carrier,  whp  fhall  carry  any 
fait  without  a  permit,  fhall  forfeit  2c  /.    /  8. 

20.  And  every  perfon    in  whofe  poffeflion  any  fait  fhall  be  Salt  found  un- 
found,  near  the  fait  works  or  fea  coafts,  which  hath  not  been  en-  ^""^^'^* 

tred,  and  the  duty  paid  or  fccured ;  fliall  if  it  be  foreign  fait,  be 
liable  to  fuch  penalties  as  if  he  had  landed  the  fame  without  entry 
or  payment  of  duties ;  and  if  it  be  Englijh  fait,  he  fhall  be  liable 
to  fuch  penalties,  as  if  he  had  removed  it  from  the  fait  works 
without  entry  or  payment  of  duties,  and  without  a  permit;  unleis 
he  fhall  make  it  appear,  that  he  bought  it  of  a  maker,  retailer, 
or  importer  of  fait,  and  of  whom,      i  An.  fi.  i,  c.  z\.  f  3. 

21.  The  fait  officer  fhall  deliver  ^r^//j  and  without  delay,  fo  Several  permits 
many  fe\'eral  permits  to  each  carrier  of  fait,  as  he  fhall  demand  for  ^^^^  jjelivered 
fuch  feveral  horie  loads  of  fait  as  he  fhall  load  at  one  time,  and  at  parcels  ^"^ 
one  lalt  work       7  tsf  8  ^r.  <:.  31.  /  47. 

22.  The  lord  mayor  and  aldermen  in  London,  and  the  juflices  of  Prices  of  Lit* 
the  peace  in  the  country  at  their  general  fefhons,  may  fet  and  pub- 

'  lifli  in  writing  the  prices  of  fait,  and  alter  the  fame  as  there  fnall 
be  occafion :  and  perfons  refufing  to  fell  at  fuch  price,  or  felling  at 
a  higher  price,  fhall  forfeit  5  /.  half  to  the  king,  and  half  to  the 
informer,  by  dilkefs,  by  warrant  of  the  lord  mayor  or  any  fuch 
juflice;  and  in  default  of  fufhcient  diltrefs,  to  be  imprifoned  till 
paid.     J  i^  ^W.  <r.  31.  /  92. 

23.  By  the  9  &f  10  TV.  c.  6.   No  perfon  dealing  in  faltj  fhkll  Salt  to  be  .'bid 
■  fell  it  otherwife  than  by  weight,  after  the  rate  of  i;6  pounds  to  the  ^)'  ^^'^'S'^t' 

•  bufhel ;  on  pain  of  ^  /.  to  the  informer;  tO  be  determined  by  two 
juflices  refiding  near:  And  the  party  grieved  may  appeal  to  the 
next  fefhons.  And  the  faid  juilices  lliall  on  co.m plaint  fummon  the 
party  accufed,  and  on  appearance  or  contempt  examine  the  mat- 
ter, and  on  proof  by  the  oath  of  two  witnefTes,  or  confeiTron, 
give  judgment,  and  fhall  iffiie  their  warrar,!:  to  levy  the  fame  bv 
diflreis,  and  caule  fale  thereof  to  be  made,  if  net  redeemed  in  fix 
days,   rendring  the  overplus,  and  for  want  of  fuiflcient  diflrels, 

•Ihall  imprifon  the  offender  rill  fatisfadion  is  made. 

And  no  perfon  fhall  hr/y  fah  otherwife  than  by  weight,  a«d  not 
by  meafure ;  on  pain  of  loj.  a  bufhtl,  and  fo  proportionably. 
\  An.  fi.i.  c.  z\.  f.  z'i. 

24.  No  retailer  or  Ihopkoeper  fhall  fliip  sny  fait  to  be  fent  to  Carrying  coafl- 
any  port  within  the  kingdom,  before  he  hath  made  it  appear  by  ^^'''^* 

oath  or  otheruife,  before  the  commilTioners  or  a  fait  ofhcer,  'that 
the  duty  is  paid  or  lecured,  or  that  it  was  bought  of  fome  other 
retailer  or  fViOpkecper  that  hath  paid  the  duty.  .    5  W.  c.  7.  /!  H. 

And  all  fait  to  be  put  on  ffjipboard,  fhall  be  uei^^hed  at  the  place 
where  taken  on  board  ;  and  none  lliall  be  canied  on  board  before 
It  is  weighed,  and  a  permit  containing  the  quar.tity  i'>  obtained  ; 
on  pain .  of  forfeiture,  and  \0i.  a  bnfliel-?  But  if  tlic  f;fHccr  fhall 
'    Vol   J.  C  c  not 


386  CjCCifC.     (Sdt.) 


DOl  attend  to  weigh  it,  or  refufe  to  give  a  permit,  it  may  be  car- 
ried on  board  without  incurring  any  penalty.  lo  ^  1 1  /i^'.  c.  22. 
/  10,  11. 

And  where  any  fait  fhall  be  laid  on  fhipboard,  the  officer  of  the 
cuftoms  where  it  iliall  be  laden,  (hall  in  the  cocquec  (which  cocquet 
fhall  be  alfo  figned  by  the  fait  officer)  exprefs  the  quantity  :  And  if 
fuch  (hip  fhall  come  into  any  port,  the  officers  of  the  cufloms  or 
of  the  lalt  duties,  may  go  on  board  and  demand  a  fight  of  the 
cocquet,  and  if  any  fuch  officer  fhall  have  juft  canfe  to  fufpeft, 
that  there  is  not  fo  much  fait  on  board  as  the  quantity  expreffed  in 
the  cocquet,  and  fhall  make  affidavit  thereof,  before  the  colleftor 
or  cuftomer  of  the  port,  or  perfon  executing  either  of  their  offi- 
ces; he  may  weigh  all  the  fait  on  board  ;  and  if  there  fhall  not 
be  fo  much  as  the  cocquet  exprefTeih  (making  allowance  for  wafte) 
the  fait  remaining  fhall  be  forfeited,      i  ^«.  JL  i.  c.  21.  /.  j ^. 

And  perfons  fhipping  fait  to  be  carried  coaffwile,  the  duties  for 
which  have  been  paid  or  fecured,  fhall  have  an  allowance  for 
wafle  after  the  rate  of  three  bufhels  for  every  40  bulhels  of  white 
fait,  and  after  the  rate  of  a  bufhel  and  an  half  for  every  40  bufhcb 
of  rock  fait ;  which  allowance  fhall  be  made  but  once  for  the 
fame  fait,  altho'  it  be  carried  from  feveral  ports  coaftwife.     5  j^n. 

C.  29.  /.  4.      6  .i'n.    c.  12.  J.  I. 

And  every  commander  of  any  vefTcl  that  fhall  carry  fait  from 
one  port  to  another  within  the  kingdom,  fhall  (before  he  hath  a 
warrant  for  landing  it)  deliver  to  the  fait  officers  in  the  port  of 
landing,  a  true  particular  of  the  quantity,  figned  by  the  fait  and 
cuftomhoufe  officers  of  the  port  from  whence  he  came ;  and  then 
the  m.after,  mate,  or  boatfvvain,  fhall  make  oath  before  fome  of 
the  commiffioners  or  their  officers,  that  to  his  knowledge  there 
hath  not  been  laid  on  board  any  fait  fmce  he  came  from  fuch  port. 
And  if  the  vefTel  be  to  deliver  one  part  of  the  fait  at  one  port, 
and  another  part  at  another  port,  then  the  officers  for  the  fait  and 
cuftoms,  where  part  of  the  fait  fhall  be  delivered,  fhall  certify  on 
the  back  of  the  warrant,  or  by  certificate  alone,  under  their  hands 
and  feals,  how  much  of  the  fait  hath  been  there  landed  ;  on  pain 
of  forfeiting  double  the  value  of  the  fait  that  fhall  be  otherwife 
delivered.  5  If.  c.  7.  /  9.     And  likewife  io.f.  a  bufhel.   9^10 

H^.  c.  44.  y;  1 2 . 

And  the  officer  at  the  unlading  port  may  go  on  board  the  fliip, 
and  demand  a  fight  of  the  permit,  and  weigh  the  fait  upon  unla- 
ding ;  and  if  it  be  more  in  weight  than  is  contained  in  the  permit, 
the  furplufage  fhall  be  forfeited.  And  if  the  mafler  of  the  fliip 
fhall  refufe  to  fhew  the  permit,  the  officer  may  feize  and  detain 
the  fait  till  it  be  produced.  And  if  he  do  not  produce  it  in  four 
days  after  feizure,  the  fait  fhall  be  forfeited.     10^  11  Pf^.  c.  zz. 

f.  12,  13- 

On  refhipping  any  fait  from  any  boat,  barge,  or  other  vefTel, 
and  before  any  difpatches  be  granted  for  the  fait  io  refhipped,  the 
mafter,  mate,  or  chief  boatman,  fhall  make  oath  before  the  fait 
officer,  that  all  the  faU  taken  in  at  the  place  of  lading  is  refhipped 
on  board  fuch  vefTel,  and  that  no  lalt  hath  been  added  to  it  or 
taken  from  it,  to  the  befl  of  his  knowledge  and  belief;  on  pain 

cf 


4 


€XCitt.     (Salt.)  387 


of  forfeiting  double  the  value  of  the  fait  that  fliall  be  otherwife 
refhipped,  and  likewife  los.  a  bufhel.     5  G.  f.  18.  /.  25. 

And  where  any  fubjeifl  hath  (hipped  fait  that  hath  paid  duty,  in 
order  to  be  conveyed  to  lome  part  of  England,  and  any  of  it  is 
loft  at  fea  (or  in  any  port,  harbour,  or  river,  8  C  c.  \.  f.  11.) 
by  ilorm,  or  being  thrown  overboard  for  preferving  mens  lives  or 
the  ve)lel  (or  by  finking  of  the  Ihip,  or  be  taken  by  enemies, 
9  f  :o  JV.  --  44.  2  (y*  3  An.  c.  14)  ;  in  fuch  cafe,  the  mer- 
chanc  or  owner  of  the  fait  fliall,  on  proof  made  by  the  oaths  of 
two  witnelTes.  whereof  the  rnafter  or  mate  (hall  be  one,  at  the 
quarter  fellioi.s  where  he  ftiall  inhabit,  of  the  lofs  of  fuch  fait,  and 
thac  the  fame  was  not  occaf"oned  by  any  leakage  of  the  (hip,  or 
any  negligence  or  default  of  the  maiter  or  mariners,  receive  from 
the  faid  H  (lions  a  certificate  that  fuch  proof  was  made  before  them  ; 
and  on  producing  the  certificate  to  the  fait  ofHcer  he  (hall  let  him 
buy  the  like  quantity  duty  free.  2^3  An.  c  14.  /;  18.  Which 
certificate  fliall  alfo  vacate  the  fecurity  given  for  payment  of  the 
duties.     26  G.  2.  r.  32.  f.  6. 

2:j.  When  any  fait  fliall  be  entred  to  be  put  on  board,  and  the  Exportatloa* 
duty  paid  or  fecured ;  the  officer  (hall,  on  due  notice,  by  himfelf, 
or  deputy,  between  fun  rifing  and  fetting,  attend  the  weighing  it 
out,  without  lofs  of  time ;  on  pain  of  40/.  t^^  \oW.  c  6.  /  3. 

And  the  fait  officers  may  go  aboard  all  fhips  exporting  fait,  and 
continue,  and  take  an  account  thereof;  and  if  any  perion  (hall 
obftrudt  any  fuch  officer,  he  fliall  forfeit  20/.  i  An,  Ji.  i.  c.  21. 
/ij. 

And  there  ftiall  be  a  drawback  of  the  duties  on  fait  exported. 
$W.  c.j.  /.  \i.      10  fcC  1 1  W.  c.  22.  f.  7.      5  An.  c.  29.  /  16. 

Moreover  there  (hall  be  an  allowance  of  4  bufhcls  for  every  40 
bttfliels  of  white  fait,  and  of  two  for  every  40  bi-.flieis  of  rock 
fait,  exported  to  Ireland;  for  the  walle  in  carriage.  5  A71.  e.  29. 
/.  14. 

And  if  any  falf,  for  which  the  duty  hath  been  repaid  on  expor- 
tation, (hall  be  landed  again  before  the  duty  be  again  paid,  and 
entry  made,  and  other  things  performed,  as  m  cafe  of  foreign  fait 
imported;  the  offender  fhall  forfeit  double  value,  and  loj.  a 
buftiel,  and  the  other  penalties  for  foreign  fait  landed  unentred. 

9^10  iv.  c.  44.  /  27.    5  w.  c.  7.  /;  20. 

And  if  any  (hip  laden  with  fait  exported,  fliall  by  ftrefs  of  wea- 
ther or  otherwife  be  drove  into  any  port,  the  fait  officer  may  come 
on  board,  and  continue  till  the  (hip  (hall  unlade  her  cargo,  or  re- 
turn to  fea;  on  pain  of  20/.  to  be  recovered  of  the  maimer  who 
(hall  refufe  the  ofHcer  to  come  or  continue  on  board.  And  if  any 
pare  of  the  fait  fliall  be  put  on  (hore,  without  entry  or  repayment 
of  the  duty  ;  the  faid  fait,  and  alfo  the  whole  cargo  of  fait  in  the 
ftiip,  fliall  be  forfeited,      i  An.  Ji.  i.  c.  21.  J.  1  z. 

And  where  any  fait,  for  which  the  duties  (hail  have  been  paid  or 
fecured,  (hall  be  (hipped  in  order  to  be  exported,  and  the  fame 
(hall  perifh  by  finking  of  the  fiiip  in  the  port,  before  the  exporter 
ihall  be  intitled  to  a  drawback  j  the  exporter  or  proprietor  ihall 
on  proof  made  at  the  next  feflions,  to  be  held  next  to  the  place 
whsic  it  fliali  fo  perifli,  of  the  lols  of  fuch  fait,  receive  from  the 

C  c  2  laid 


,> 


88  emit,    (Salt.) 


faid  fefiions  a  certificate,  that  fuch  proof  was  made  before  them } 
and  on  producing  the  certificate  to  the  colled^or  of  the  fait  duties, 
he  fhall  let  fuch  perfon  buy  the  like  quantity  duty  free.  2  &  ^  Jn. 
c.  14.  /.  10. 

And  where  any  fait  (hall  be  fliipped  in  order  for  exportation  to 
Ireland,  and  it  fhall  perilh  by  finking  of  tlie  lliip,  or  be  taken  by 
enemies ;  the  exporter  or  proprietor  fliall  on  proof  made  at  the 
quarter  feflions  for  the  place  from  whence  it  was  exported,  of  the 
iofs  of  fuch  fait,  receive  from  the  faid  feflions  a  certificate,  that 
fuch  proof  was  made  before  them  ;  and  on  producing  the  certifi- 
cate to  the  officer  of  the  place  where  the  duty  hath  been  paid  or 
fecured,  the  fecurity  fhall  be  difcharged,  and  the  money  repaid. 
4  Jn.  c.  12.  /.  II.  9  ^;/.  c.  23.  /.  46.  Proof  to  be  made  in 
two  years.  26  G,  2.  r.  32.  /  7. 
Salt  fore  uring  26.  The  curers  of  fifh  for  exportation  may  import  foreign  fa't, 
of    fl>«  or  take  from  the  pit  or  work  Britijk  fait  (or  rock  fait  refined, 

8  G.  c.  16.  f.  6.)  for  curing  fifh  for  exportation,  without  duty^ 
except  the  cufloms  on  importation;  fuch  foreign  fait  being  landed, 
and  fuch  Britijh  fait  being  taken  from  the  pits  or  works,  and 
weighed,  in  the  prefence  of  an  officer,  and  being  lodged  in  a 
warehoufe,  under  a  lock  both  of  the  ofHcer  and  proprietor ;  which 
Ihall  remain  there  during  the  feveral  intervals  of  the  fifhing  feafon. 
5G.    c.  18.  /  I. 

And  any  perfon  who  fhall  imbezil  any  foreign  fait  after  impor- 
tation, and  before  cellaring,  fhall  forfeit  20  s.  a  buQiel ;  and  any 
perfon  who  fhall  imbezil  any  BrltiJh  fair,  after  weighing  at  the 
pits  or  works,  and  before  cellaring,  fhall  forfeit  loj.  a  bufhel. 
5G.  c.  18./ 4. 

The  proprietor  fliall  enter  at  the  next  office  the  quantity  fo 
by  him  lodged  ;  and  the  ofncer  fhall  keep  an  account  of  the  quan- 
tity in  his  tuftody.     5  G.  c.  18.  /  1. 

And  at  the  beginning  of  the  fifliing  feafon,  the  proprietor  or 
his  agent  fhall  make  oath  in  writing  before  an  officer  at  the  next 
office,  declaring  the  quantity  fo  lodged,  and  that  it  is  all  intend- 
ed for  curing  of  fifh  for  exportation  only,  and  fhall  not  by  his 
confen:  be  delivered  but  for  che  faid  purpofe :  after  which  oath 
fo  made  and  filed,  the  officer  in  whofe  cuftody  the  fait  hath 
continued  during  the  interval  of  the  fifhing  feafon,  fhall  deliver 
all  the  faid  fait  into  the  fole  cuftody  of  the  proprietor.  5  G. 
f.  18./.  I. 

And  in  the  cafe  of  herrings  to  be  cured  for  exportation,  it  is 
enadted  by  the  8  G.  c.  4.  and  8  G,  c.  16.  that  the  proprietor  of 
fuch  fait  delivered  duty  free,  or  his  agent,  fhall  initead  of  the  faid 
oath,  make  oath  in  writing  at  the  next  faii:  office,  declaring  the 
quantity  of  the  foreign  or  BrltiJh  fait  refpeciively  lodged  for  cu- 
ring of  fifh,  and  that  it  is  intended  for  the  curing  of  riffi  for  ex- 
portation only,  and  fhall  not  by  his  confent  be  delivered  but  for 
that  purpofe,  except  fo  much  thereof  as  fhall  be  ufed  for  curing 
fuch  red  or  white  herrings  as  fhall  be  entered  for  home  confump- 
tion,  and  charged  with  the  duties  by  the  faid  ads  refpedively 
chargeable  thereupon. 

And 


CjCCifc;    (Salt.)  389 


And  no  foreign  fait  fhall  be  delivered  over  from  the  joint 
cuftody  of  the  officer  and  proprietor,  into  the  fole  cuftody  of  the 
proprietor  or  his  agent,  for  curing  fifh  for  exportation  ;  except  he 
give  fecurity  to  the  fatisfaclion  of  the  chief  officer  of  the  fait  duty 
in  the  port,  that  he  will  account  for  the  foreign  fait  fo  by  him  re- 
ceived, or  anfwer  the  penalties.      8  G.  2.  c.  12,  /  3. 

And  for  every  bufhel  of  fait  fo  lodged,  which  fhall  be  either  car- 
ried away,  or  found  wanting  at  the  redelivering  thereof  into  the  fole 
cuftody  of  the  proprietor,  reafonable  allowance  for  wafte  being  firft 
made;  the  proprietor  (hall  forfeit  20 j.      5  G.  c  18.  /  -:, 

And  at  the  end  of  every  fifliing  feafon,  the  ofHcei  ihall  take 
an  account  of  the  quantity  remaining  in  hand  which  Ihall  be 
locked  up  as  aforefaid  :  and  the  proprietor  fhall  (within  three 
months  after  the  expiration  of  each  year,  8  G.  c.  4.  /.  10.)  deliver 
an  account  in  writing  into  the  ofHce,  containing  the  quantity  of 
fi(h  exported  or  entered  for  exportation,  on  which  the  fait  hath 
been  ufed  ;  together  with  a  certificate  from  the  ofiicer  where  it  is 
fhipped  for  exportation,  verifying  the  account;  which  account 
ihall  be  alfo  affirmed  by  the  oati>  of  the  proprietor  or  his  agent, 
and  remain  in  the  office  ;  and  if  any  of  the  fait  fliall  be  delivered 
over  to  any  other  peribn,  and  ufed  by  him  in  curing  of  fifh,  that 
alfo  fhall  be  exprelled  in  the  account,  and  fuch  perfon  fhall  in  like 
manner  make  another  account  of  all  the  fait  ufed  by  him  :  And 
if  any  fuch  perfon  fliall  negled  or  refufe  to  deliver  fuch  account 
within  the  faid  time  ;  he  fhall  forfeit  40/.     5  G.  c.  18.  /.  i. 

And  if  the  proprietor  of  fuch  fait  fo  delivered  over,  fhall  not 
make  it  appear  by  oath  or  othervvife  to  the  proper  officer,  that 
fuch  fait  lb  delivered  over  was  ufed  for  curing  of  fifh ;  he  fhaH 
be  deemed  guilty  of  imbezilling  it,  and  forfeit  50/.  11  G.  c  30. 
/.41. 

Alfo  the  faid  account  fhall  exprefs  the  quantity  of  red  or  white 
herrings  entred  for  home  confumption,  on  which  fuch  fait  hath 
been  ufed.     8  G.  c.  4-/3.     8  G.  c.  16.  /.  3. 

And  for  every  bufhel  of  fait,  fo  taken  out  of  the  cellar  or  fait 
works,  which  ftiall  not  be  fo  accounted  for  by  fuch  oath  and  cer- 
tificate; or  by  certificate  from  the  quarter  feffions,  that  proof  was 
there  made,  that  fuch  fait  was  put  on  board  for  curing  fifh  at  fea, 
and  was  there  taken  by  enemies,  or  otherwife  loft  at  lea  ;  or  fhall' 
not  be  returned  into,  or  found  remaining  in  the  cellar  or  ware- 
houfe :  the  owner  or  other  perfon  ftanding  accountable  for  the 
fame,  fhall  forfeit  20/.  And  the  proprietor  or  his  agent  felling, 
giving  away,  uling,  or  delivering  any  fuch  fait  otherwife  than  for 
the  purpofes  aforefaid  ;  luall  forfeit  20  j.  a  bufhel :  And  every  per- 
fon buying  or  receiving  the  fame,  fhall  forfeit  alfo  20  j.  a  bailiel  : 
And  in  default  of  payment  in  14  days  after  con vifl ion,  and  where 
po  fufficient  efl^eds  can  be  found  to  anfwer  the  fame,  he  fhall  be 
fent  to  the  houfe  of  corredlion,  to  be  whipped  and  kept  to  hard 
labour,  not  exceeding  three  months.     5  G.  c.  i8.  /.  z. 

For  every  caflc  of  pilchards  or  fcads  exported,  containing  50 
gallons,  fhall  be  paid  by  the  fait  officer  an  allowance  of  ■]  s.  for 
every  hundred  of  codfiih,  ling,  or  hake  (except  dried  ones  called 
gaberdines)  of  14  inches  long,  from  the  bone  in  the  fin  to  the 

C  c  5  thiid 


390  €]CClfe.      (Salt.) 


third  joint  in  the  tail,  5  s.  for  every  barrel  of  wet  codfifh,  ltng» 
or  hake,  of  3  z  gallons,  2  s.  for  ever)'  hundred  weight  of  haber- 
dines  3  j.  for  every  barrel  of  falmon  of  42  gallons,  4/.  6  (i.  for 
every  barrel  of  wliite  herrings  2  5.  S  d.  for  every  barrel  of  full 
red  herrings  i  s.  ^  d.  fgr  every  barrel  of  clean  fhotten  red  herrings 
1  s.  for  every  laft  of  dried  red  fprats  i  s.  And  the  officers  fhall 
cut  off  part  of  the  tail  of  the  codfifh,  ling,  and  hake ;  and 
mark  the  cafks  of  the  other  fifh  ;  that  it  may  be  known  that  they 
have  once  had  the  allowance.     5  G.  <•.  18.  /  6. 

And  the  maker  or  curer  of  red  herrings,  before  he  remove 
them  (except  for  exportation)  from  the  place  of  curing,  (hall 
make  entry  thereof  at  the  next  fait  office,  and  pay  \  s.  %  d.  a 
thoufand.  And  if  they  be  packed  up  in  caflcs,  the  number  fhall 
be  marked  on  the  head  ;  and  a  permit  (hall  be  given  by  the  fait 
officer,  expreffing  the  number,  and  the  mark  and  number  of  the 
caflcs,  and  for  what  place  they  are  intended,  and  whether  to  be 
fent  by  land  or  water ;  on  pain  of  forfeiting  all  the  red  nt  rrings 
removed  otherwife,  and  alfo  40  j.  a  thoufand.  8  C-  c.  4  /.  2, 
And  as  the  duties  on  fait  (hall  rife  or  fall,  the  i  s.  ^d.  a  thoufand 
Ihall  rife  and  tall  proportionably.    f.  5, 

And  the  maker  or  curer  of  white  herrings,  before  he  remove 
them  (except  for  exportation)  from  the  place  of  curing,  fhall 
make  entry  thereof  at  the  next  fait  office,  and  pay  3  s  .1  d.  a 
barrel ;  and  the  cafk  (hall  be  marked  cr.  the  head,  (hewing  the 
contents  :  then  a  permit  (hall  be  given  by  the  fak  cfHcer,  expref- 
fing the  quantity,  and  mark  and  number  of  the  ca&r,  and  for 
what  place  they  are  intended,  and  whether  to  be  lent  by  l.-^nd  or 
water  J  on  pain  of  forfeiting  all  the  white  herrings  removed  ofncr- 
wife,  with  the  calks,  and  alio  40/.  a  calk.     8  G.  c.  16.  /.  2. 

And  the  officers  at  all  times  in  the  day,  or  in  the  night  in  pre- 
fence  of  a  conitable,  may  enter  into  the  cellars  and  warehoufes, 
and  infpefl  the  curing  of  the  fifh,  and  gage  the  fait,  and  mark  the 
cafks,  and  fee  them  ex'ported;  and  if  any  perfon  fhall  obllruft 
them,  he  (hall  forfeit  20/.      5  G.  c.  iS.  /.  7. 

No  herrings,  pilchards,  fcads,  cod(ifh,  ling,  hake,  falmon,  or 
dried  red  fprats,  (liall  after  they  be  put  on  board  any  boat  or  vefTel, 
in  order  to  be  exported,  be  taken  out  thereof,  otherwife  than  to 
put  the  i\(h  into  the  (hips  in  which  they  are  to  be  exported,  nor 
put  on  (hore  but  in  prefence  of  a  fait  officer;  on  pain  that  the 
fame  (hall  be  forfeited,  and  alfo  the  (hip  and  tackle ;  and  every 
perfoa  alhlbng  therein,  (hall  forfeit  20  /.  or  be  imprifoned  fix 
months.      5  G.  r.  i  8.  /  23.      203  Jn.  c.  14.  y"  13. 

If  the  faid  fiffi  fhall  not  be  exported,  for  want  of  an  opportu- 
nity, while  they  are  good  and  merchantable  ;  the  owner  may 
caule  them  to  be  deftroyed  in  the  prefence  of  an  oliicer :  and  the 
officer's  certificate  that  they  were  deftroyed,  (hall  be  admitted  to 
verify  the  account.     8  G.  c.  4.  /.  4. 

No  perfon  fhall  cure  or  pack  pilchards  for  fale,  unlefs  he  be 
owner  or  part  owner  of  a  feyn  or  drift  net,  or  have  the  confent 
of  fuch  owner  in  writing,  and  that  on  each  call:  or  hogfhead  the 
\vordyJ_^'«  or  Jn/t  (hall  be  burnt  with  an  iron,  together  with  the 

name 


€%Citt,     (Sdt.)  391 

ifttne  and  furname  of  the  owner,  and  the  number  of  pilchards ; 
on  pain  of  double  value,     i  Jn.  fi.x.  c.  2 1 .  /  3 1 . 

27.  For  every  barrel  of  falted  beef  or  pork  exported  for  fale,  Salt  for  curing 
there  fhall  be  allowed  5  j.  a  barrel ;  to  be  paid  by  the  fait  officer  of  ^^^^  ^nd 

in  30  days  after  demand,  on  a  debenture  to  be  prepared  by  the  P° 
colledtor  of  the  cuftoms,  and  verified  by  the  fearcher  as  to  the 
quantity,  and  that  it  is  good  and  merchantable :  and  the  oath  of 
the  exporter  or  agent  fhall  be  firft  taken  before  the  principal  of- 
ficers of  the  port,  that  it  was  falted  with  fait  for  which  the  duties 
have  been  paid  and  not  drawn  back,  and  that  it  is  really  exported 
for  fale,  and  that  no  part  thereof  was  fpent  nor  intended  to  be 
fpent  for  the  fhlp's  ufe,  and  not  intended  to  be  relanded  ;  and  the 
fait  officers,  on  exportation  of  beef  or  pork,  may  mark  the  barrel 
or  veflel,  that  it  mav  be  known  to  have  been  exported.  5  An. 
c.  29.  /  8.  ' 

And  if  any  fuch  beef  or  pork  (hall  be  relanded,  it  fliall  be  for- 
feited, and  alfo  40/.  a  barrel;  to  be  recovered  of  the  importer  or 
proprietor.    /  9. 

28.  No  perfon  fliall  ufe  any  brine  before  it  is  boiled  into  fait,  ^^'"'"e^'*'"^  "^ 
or  any  rock  fait  before  it  is  refined  into  white  fait,  for  pickling  or  ''^{^^^  uiftcW 
curing  of  flelh  or  filh,  or  preferving  any  provifions ;  on  pain  of 

40  /.  for  every  gallon  of  brine,  or  pound  of  rock  fait,  i  An. 
ft.  I.  f.  21./5. 

And  every  perfon  who  fliall  carry  any  brine  from  the  fait  pits 
(other  than  the  known  proprietors  of  pans  for  boiling  it  into  white 
fait)  fliall  likewife  forfeit  40  j.  a  gallon.     5  G.  c.  18.  /  17. 

29.  All  penalties  and  forfeitures  given  by  any  aft  relating  to  Power  of  the 
the  duties  upon  fait  (except  where  it  is  herein  otherwife  direfted)  jufticw* 
fliall   be  employed  half  to  the  ufe  of  the  king,  and  half  to  him 

who  fliall  feize  or  inform  ;  to  be  recovered  in  fuch  manner,  and 
with  fuch  power  of  mitigation,  as  any  forfeiture  may  be  by  any 
law  of  excife ;  or  in  the  courts  at  Weftniinjier.  And  every  fuch 
officer  may  feize  all  fait  and  other  things,  which  by  any  law  re- 
lating to  the  duties  on  fait  are  declared  to  be  forfeited.  5  G.  c.  18. 
/26.     24  G.  2.  f.40.  /  33. 

30.  And  if  any  perfon  is  aggrieved  by  any  order  of  two  ju-  Appeal, 
ftices  relating  to  the  duties  upon  fait,  or  to  any  forfeiture  or  of- 
fence concerning  the  fame ;  he  may  appeal  to  the  next  quarter  fcf- 
fions.     lo  fe'  1 1  //'.  c.  22.  /.  9. 

31.  But  no  dealer  in  fait  fhall  aft  asajufticeof  the  peace  in  ^"^" »"  *alt  not 
any  matter  relating  to  the  duties  upon  fait ;  and  if  there  fliall  not  -"^J** 

be  a  fufficient  number  of  juflices  in  any  corporation,  not  dealers  in 
fait,  the  juftices  of  the  county  fliall  have  power  to  aft  therein. 
\  An.  ft.  I.  c.zx.  f.  1 8. 

Xin.  Soap, 

1.  By  the  to  /Jn.  c.  19.  and  \z  An.  ft.  2.  c.  9..   There  fliall  be '^"'^ "" ^"P 
paid  for  all  foap  imported  (over  and  above  former  duties]   3  i/.  a  ""P""""**' 
pound  ;  which  fhall  be  under  the  management  of  the  commif- 
iioners  of  the  cuftoms. 

C  c  4.  z.  And 


S92  Cjccrfe*    (Soap:) 

Duty  on  loap  2.  And  by  the  faid  adls,  there  iliall  be  paid  for  all  foap  raad» 

made  in  the       .within  the  kingdom,    id.  -^  a  pound. 

'"^  °'"'  3 .  And  the  commiiiioners  of  the  treafury  fliall  appoint  commif- 

Oflicers  for  the  fioners  for  the  duty  on  foap  made  in  the  kingdom  j  who  fhall  fub- 

oap.  (^jtute  infgj-JQf  officers.  \o  Jn.  c,  ig.  /  5. 
Place  of  making  4.  And  no  maker  of  foap  fhall  fet  up,  alter,  or  ufe  any  boil- 
to  be  entred.  ]„„  houfe,  workhoufe,  warehoufe,  Horehoufe,  fliop,  room,  or 
other  place  for  the  making  or  keeping  of  foap,  or  for  the  boiling 
or  keeping  any  oil,  tallow,  pot  afii,  lime,  or  other  materials  pro- 
per to  be  made  into  foap ;  or  ufe  any  copper,  kettle,  furnace,  fat, 
ciflern,  trough,  or  other  vefTel  for  the  boiling  or  making  of  foap, 
without  firfl  giving  notice  thereof  in  \vriting,  at  the  ne;^t  office  for 
the  faid  duties ;  on  pain  of  50  /.      10  An.  c.  19.  /.  6. 

And  all  foap,   oil,  tallow,  and  other  materials,  which  iliall  be 

found  in  any  private  boiling  houfe,  vvorkhoute,  warehoufe,  c^ 

other  place,  and  all  private  coppers,  kettle?,  furnaces,  troughs,  and 

other  veflels,  for  which  no  entry  fhall  be  made,  or  notice  given, 

fhall  be  forfeited,  or  the  value  thereof.      10  /hi.  c.  19.  /!  ig. 

OfEcer  to  enter        5-    •'"he  ofHcer  fhall  at  all  times  by  day  or  night,  and  if  in  the 

and  fuivey.         night  then  in  piefence  of  a  conilable,  be  permitted  on  requeft  to 

enter  the  houfe,  boiling  houfe,  warehoufe,  or  other  place,  ufed 

by  any  maker  of  foap  ;  and  by  gaging,  weighing,  or  otherwife, 

take  an  account  of  the  quantity,    and   thereof  make  return  in 

writing  to  the  commiffioners  or  whom  they  lltall  appoint,  leaving 

a  true  copy,  if  demanded,  under  his  hand  with  the  maker;  and 

■1  if  he  fhall  refufe  or  negle£l  to  leave  iuch  copy  (after  demand  ia 

B  writing,   12  G.  f.  2S.  /  30.)  he  fliall  foi feit  40 i.      10  An.  c.  ig. 

^  fiz. 

And  if  any  maker  fhall  obllruft  the  officer,  he  fhall  forfeit  20/. 

Notice  of  the  6.  Every  maker  of  foap,    before  he  begiVi  any  making,    if 

tune  ot  working,  within  the  bills  of  mortality,  fhoU  give  i  2  hours,  if  elfewhere,  24 
hours  notice  in  writing  to  the  officer,  of  the  time  and  hour  when 
he  intends  to  begin  ;  on  pain  ot   50/.      11  G.  c  30.  /  33. 

And  putting  lees  or  lye  into  the  copper  or  other  utenfil,  fhall  be 
deemed  a  beginning  fuch  making,  fo  as  to  fubjed  bim  to  the  for- 
feiture.   /  34. 

And  if   the  making  fhall  not  begin  in  fix  hours  after  the  time 
mentioned  in  the  notice  vvithin  the  bills,  and  in  i  2  hours  cliewherci 
the  notice  fhall  be  void.    /  35. 
Reworking  ftale      7.  If  any  fiaLs  or  rotten  foap,  or  cuttings  be  put  into  the  cop- 
"^P"  per  or   pan,  in  prefence   of  an    oftic^r,  to  be  rtfreflu\i   or   new 

made;  the  officer  ihrJl  make  allowance  of  the  Uury,  and  certify 
the  fame  upon  his  report.      10  Ami.  c.  19.  /  28. 

But  if  it  fhall  be  put  into  any  niakirg  of  foap,  without  giving 

'   to  the  officer   12  hours  notice  in  writing  within  the  bills,  and  24 

hours  elfewhere  j  there  ihall  be  no  allowance  made  for  it.      1 1  G. 

c.  30.  /:  37. 

And  if  any  officer  fliall  falily  pretend  that  he  had  fuch  notice 
when  he  had  not,  and  make  and  certify  fuch  allowance  ;  he,  and 
alfo  the  maker,  fliall  forfeit  10;.  lor  every  pound  fo  certified. 

/  38- 

8.  And 


e%Cilt.     (Soap.)  39;j 

8.  And  the  maker  fhall  keep  fcales  and  weights  whfre  he  makes  Scales  and 
Jiis  foap,  and  permit  and  affift  the  officer  to  ufe  them ;  on  pain  of  weights. 
loi.      10  An.   c.  19.  /.  13. 

9.  And  the  officer  fhall  be  permitted  to  take  an  account  of  the  Officer  to  ehargt 
quantities  of  oil,    tallow,    pot-afhes,  lime,    and   other   materials  'or/p^efiah 
proper  to  be  made  into  foap,  that  fhall  be  in  the  maker's  pofTef-  '""  ■"^' 

fion  ;  Axia  if  the  officer  fhalJ  mifs  any  quantity  of  them,  which  he 
had  ukcn  account  of  the  lall;  time  he  was  there,  and  fhall  not  on 
reafonable  demand  receive  fatiifadion  what  is  becorre  of  them,  ^ 

the  officer  may  ch?.rge  him  with  fuch  quantity  of  foap,  as  (ych 
materials  in  his  judgment  wculd  have  made,  not  exceeding  14 
gallons  of  fuch  ingredients  (befides  the  lees)  for  every  barrel. 
10  .///.  c.  19.  yi  14. 

10.  And  no  maker  fhall  (on  pain  of  20/.)  remove  any  foap,  of  Removing  foap 
which  no  account  hath  been  taken  by  the  officer,  from  where  it  w£s  unfurveyed. 
made,  without  giving  the  offic-  r  within  the  bills  24  hours  notice, 

and  in  other  parts  two  days  notice,  of  Ws  intention  to  remove  the 
fame.     10  An.  c.  ig.  f.  16. 

1 1 .  And  the  makers  fhall  keep  all  the  foap  by  them  made,  and  Unfurveyed  to  be 
not  furveyed,  feparate  from  that  v/hich  hath  been  furveyed,  for  24  kept  leparate. 
hours  after  making,  within  the  bills,  or  two  days  in  any  other  place  ; 

unlefs  it  fhall  have  been  fooner  furveyed ;  on  pain  of  5  /.  10  An. 
c.  19.  /  17. 

12.  And  if  any  maker  fhall  conceal  any  foap  or  materials;  he  Concealing, 
fhall  forfeit  the  fame,  and  alfo  500/.   i  G.  ft.  2.  c  36.  /  14,  i  5. 

And  by  the  23  G\  2.  c.  zi.  If  any  officer  of  the  excife  fhall 
have  caufe  to  fufpefi^,  that  any  foap  is  fraudulently  concealed,  if 
it  is  within  the  bills,  then  on  oath  made  by  fuch  officer  before  two 
commiffioners,  or  if  it  is  elfewhere,  then  upon  oath  before  any 
juftice  of  the  peace,  fetting  forth  the  ground  of  his  fufpicion,  they 
or  he  m.ay  impower  fuch  officer  by  day  or  night  by  fpecial  war- 
rant (but  if  in  the  night,  then  in  prefence  of  a  conflable)  to  enter 
into  the  r.^ces  fufpefted,  ar,d  feize  and  carry  away  the  fame,  as 
forfeiteJ,  together  with  the  package  ;  and  if  any  perfon  fhall  ob- 
ilrudl  fdch  officer,  he  fhall  forfeit  100/.    /  34. 

13.  The  maker  within  the  bills  fhall  monthly,  and  elfewhere  Entry  of  fojp 
every  fix  weeks,  make  entry  in  writing  at  the  next  office,  of  all  made. 

the  foap  by  him  made  within  the  faid  month  or  fix  weeks,  fetting 
forth  the  weight,  and  what  quantity  was  made  at  each  boiling  in 
the  feveral  weeks;  on  pain  of  50/.  Which  entries  fhall  be  oa 
the  03th  of  the  maker,  or  chief  workman,  according  to  the  beft 
of  his  knowledge  and  belief.  The  faid  entry  and  oath  within  the 
bills,  to  be  at  the  general  office,  and  elfewhere  with  the  colleftor 
and  fiipervifor.      10  An.  c.  ig.  /.  9. 

But  no  maker  fliall  be  obliged  to  fend  further  to  make  entry, 
than  to  the  next  market  town.     /.  10. 

14.  And  the  meafure  of  foap  fhall  be  this;  Every  barrel  fliall  Mesfure  of  foap. 
contain  256/^.  wverdupois ;  half  barrel  128;  firkin  64 ;  half  fir- 
kin 32  ;  befides  the  weight  or  tare  of  the  cafic.     And  all  foap  (ex- 
cept hard  cake  foap,  and  ball  foap,   \oAn.  c.  26.  /.  in.)  fhall 

upon  making  thereof  be  put  by  the  mak^r  into  fuch  caik,  and  none- 
9.iJier.     \Q  An.  c.  19.  /  8, 

And 


394 


CjCClfe.     (Soap.) 


Payment  of  the 


Drawback  for 


AntI  all  foft  foap  that  (hall  be  filled  in  any  other  caflc  lefs  than 
barrels,  half  barrels,  firkins,  and  half  firkins,  (hall  be  forfeited, 
and  alfo  5  /.      12  Jn.  J?.  2.  c.  9.  /.  ig. 

15.  The  maker  within  the  bills,  Ihall  within  four  weeks,  and 
elfewhere  within  fix  weeks  after  entry,  clear  off  the  duties ;  on 
pain  of  double  duty  :  And  no  maker,  after  fuch  default  in  pay- 
ment, ihall  fell  or  deliver  out  any  foap,  till  he  hath  paid  ofF  his 
duty;  on  pain  of  double  value.      10  An.  c.  ig.  f.  11. 

16.  Any  perfon  who  fiiall  ufe  foap  in  making  of  cloths,    or 
foap  uftd  in  the    Other  manufadures  of  fheeps  or  lambs  wool  only,  or  manufac- 
wocUen  minu-    turcs,    whcreof  the  greateft  part  of  the  value  of  the  materials 
*^  ^^^'              fliall  be  wool ;  or  in  finifhing  the  faid  manufaftures ;  or  prepa- 
ring the  wool  for  the  fame  ;  or  in  whitening  of  new  linen  in  the 

piece,    (or  his  chief  workman) may  make  proof  in  writing 

by  affidavit,  before  the  coUeflor  or  fupervifor,  fpecifying  the  kinds 
and  quantity  of  the  maniifaftures,  and  the  days  between  which, 
and  the  places  where  the  fame  were  made,  prepared,  or  whitened, 
and  the  quantity  and  kind  of  foap  confumed  therein,  and  that  no 
allowance  for  the  duty  on  fuch  foap  hath  been  made  :  whereupon 
the  colledtor  (hall  repay  the  duty  on  fuch  foap.  iz^/V.  y?.  2. 
c.  9.  /  16. 

And  the  faid  affidavit  need  not  be  ftamped;  and  no  fee  fliall  be 
taken,  except  4^.  for  writing  the  affidavit,  on  pain  of  treble  da- 
mages to  the  party  grieved,  with  full  colls ;  to  be  recovered  as  the 
other  penalties.    /  1 7. 

And  any  perfon  making  falfe  affidavit,  fhiall  forfeit  treble  value 
of  the  allowance ;  and  (or  the  fecond  oftence  (on  conviftion  in  the 
courts  at  Wrjiminjler)  (hall  fufFer  as  for  v/ilful  perjury.  /.  18. 
Soap  carried  I?-  Cocquets  granted  for  fliipping  foap,  to  be  landed  in  any 

coaftwjfe.  other  part  of  the  kingdom,  (hall  exprefs  the  quality,  quantity, 

and  vt'eight,  the  mark  of  the  package,  ard  by  whom  made  and 
fold,  and  where  configned ;  and  if  (hipped  without  fuch  cocquet, 
tlie  fame  (hall  be  forfeited,  and  feized,  together  with  the  package. 
23  G.  2.  c.  2  1.  /  29. 
Importation  and  1 8.  No  foap  (hall  be  imported,  ctherwife  than  in  fome  package, 
exporution.  containing  at  leaft  224  pounds  of  neat  foap,  and  ftowed  openly  in 
the  hold;  on  pam  of  being  feized  and  forfeited,  together  with  the 
package,  and  the  mafter  of  the  ve(rel  to  forfeit  50/.  23  G.  2. 
f.  21./.  27. 

But  on  information  brought  againft  any  fuch  mafter,  he  may  de- 
tain the  wagts  pt  the  mariners,  till  it  be  determined ;  and  if  it  fliall 
appear,  that  ihe  foap  was  put  on  board  by  any  mariner  without  the 
mafter's  knowledge,  the  mafter  may  apply  the  wages  of  fuch  mari- 
ner, in  payment  of  the  forfeiture.      26  G    2.  r.  32.  /  8. 

And  the  officers  of  excife  (in  like  manner  as  the  officers  of  the 
cuftor:-  )  rnay  go  on  board  any  veflel,  and  fearch  for  and  feize  all 
foap  forfeiced,  cogetncr  with  the  package;  and  they  may  likewile 
fei^c  (i.cii  at  before  enay  and  payment  of  duties,  flnali  be  found 
uniliipping  or  u.i(hipped.     23  G.  2.  r.  21.  /.  28. 

Soap  that  hath  paid  the  duty  may  be  exported;  and  the  duties 
&ali  be  drawn  back.   10  Jn.  c.  19.  /.  22,  23,  24,     But  no  draw- 
back 


€%tiit.     (Soap,)  395 

back  fliall  be  allowed  on  the  exportation  of  any  foreign  foap  Im- 
ported.     23  G.  2.   C.2l./.$6. 

The  officers  of  excife  or  cuftoms  may  feize  any  foap  with  the 
package,  that  (hall  be  found  in  any  veffel,  cart,  or  other  carriage ; 
where  they  ihall  have  good  reafon  to  believe  that  the  fame  was 
made  in  fome  private  workhoufe,  or  clandeftinely  imported  with- 
out payment  of  duty,  or  that  the  fame  has  been  exported  and  re- 
Ja:  ^  :;d  after  repayment  of  the  duty;  and  if  the  party  in  whofe 
polieffion  the  fame  ihall  be  found,  (hall  not  at  the  hearing  of  the 
information,  make  it  appear  that  the  duty  hath  been  paid  or  fecured, 
he  fhall  forfeit  5.'.  for  every  100  pounds  weight;  and  alfo  the 
goods  and  package  fhall  be  fork'red.     23G.  2.  <-.  21./31. 

And  if  any  perfon  fhall  knowingly  harbour  or  conceal  any  foap 
unlawfully  imported,  or  relanded  after  (hipping  for  exportation 
upon  debenture ;  he  (hall,  whether  he  claims  any  property  therein 
or  not,  forfeit  50/.  for  every  hundred  weight,  together  with  the 
goods  and  package.     23  G.  2.  c.  z\.  f  32. 

And  where  any  fuch  foap  (hall  be  feized  as  forfeited,  and  no 
perfon  fliall  claim  the  fame  in  20  days,  if  it  is  within  the  limits  of 
the  chief  ofHce  of  excife  in  Londm,  the  officer  who  made  the  fei- 
zure  may  caufe  notice  figned  by  the  folicitor  of  excife,  to  be  af- 
fixed at  the  Royal  Exchange,  of  the  time  of  proceeding  to  trial  and 
condemnation  of  the  fame  by  the  commifiloners  of  excife ;  and  if 
it  is  out  of  the  faid  limits,  then  publick  notice  fhall  be  given  by 
proclamation  at  the  next  market  town,  on  the  market  day  next  af- 
ter the  faid  20  days,  of  the  day  and  place  where  the  juflices  wiH 
proceed  to  trial  and  condemnation  thereof.  And  the  judgment 
thereon  fhall  not  be  liable  to  any  appeal,  or  be  removed  by  cer- 
tiorari.    23G.  2.  f.  21./33. 

19.  The  excife  laws  fhall  be  in  force  for  managing  thefe  duties  ;  Power  of  the 
and  the  penalties  (except  where  it  i«  herein  otherwife  direifted)  fliall  juftices. 

be  recovered  and  mitigated  as  by  the  laws  of  excife,  or  in  the  courts 
at  Weftminjier ;  and  diftributed  half  to  the  king,  and  half  to  him 
that  (hall  fue.  \o  An.  c.iq.f.z6.  liG.  f.  30.  /  39.  24  G.  2. 
f.  40./.  33. 

20.  And  where  any  foap  fliall  be  feized  for  non  payment  of  du-  Proof  to  lie  on 
ties,  or  non  entry,  and  it  fhall  be  difputed  whether  fuch  payment  the  claimer. 
or  entry  were  made  or  not,  the  proof  fhall  lie  on  the  claimer,  and 

not  on  the  officer.     23  G.  2,  c.  z\.  f.  35. 

21.  And  if  the  party  is  not  fatisfied  with  any  judgment  of  the  Appeal, 
juftices  on  the  aft  ef  23  G.  2.  <r.  21.  abovementioned,  he  may 
appeal  to  the  next  quarter  fe(rions  (except  in  the  cafe  before  men- 
tioned, where  no  perfon  (hall  claim  the  goods  feized).    /.  37. 

22.  And  on  information  on  the  faid  aft  of  the  23  G.  z.  the  mi-  Mitigation, 
ligation  (hall  not  reduce  the  penalty  to  lefs  than  a  fourth  part,  over 

and  above  the  cofts  to  be  allowed,    f.  38. 

23.  And  all  foap,  materials,  and  utenfils  in  the  cuftody  of  the  utenfils  liable, 
maker,  or  of  any  in  truft  for  him,  (hall  be  liable  to  the  duties  and 
penalties,   as  if  the  debtor  or  offender  were  the  lawful  owner. 

10  An,  c.  19.  y^  20. 


XIV.  Spirituous 


396  ^JCtitC^*     (SpiritHOHS  liquors.) 

XTF.  Spirituous  liquors. 

So  far  as  running  of  brandy  and  other  fpirituous  liquors  falleth 
in  with  the  running  of  other  uncuftomed  goods :  fee  the  firft  part 
of  this  title,  concerning  the  Cu(lcm0  ill  jjcncral. 

D'.ity  on  im-  1  •  By  the  feveral  afts  an  excife  is  laid  on  every  gallon  of  fpiri- 

yoitation,  tuous  liquors  imported  (over  and  above  the  cuftomb)  as  follows ; 

vix. 

Single  brandy,  fpirits,  or  aquavits,  4.;.  8i.     Double  brandy, 
fpirits,  or  a^ua  n,<it^,   8  /.  ^d. 
'  Which  fhall  be  raifed  as  the  duties  on  other  excifable  liquors. 

iz  C.  2.  c.  23.     12  C.  2.  c.  24.     4  i?  5;  •'^'.  c   3.     6-  iV.  c.  20. 
4  Jn.  c.  6.     6  G.  2.   c.  I  J. 
Kum,  in  the  whole,  4^.  iJ. 

Arrack  from  the  Eritip  colonies  in  the  Eaji  Indic:^  the  fame  as 
for  brandy  and  foreign  fpirits  imported. 
LanJing" without       2.  And  if  any  perfon  fhall  land  any  ?niKh  brandy  before  the 
duty  paid.  ^j^fy  be  paid  or  fecured,  or  withour.  licence  from  the  proper  ouicer 

fo  to  do  ;  he,  and  every  perfon  aidii  g  therein,  or  concealing  the 
fame  when  landed,  ftiall  not  only  forfeit  the  fame,  but  alfo  double 
value.      !  An.    /?.  2.    r.  14. 

And  if  any  officer  of  the  cufloms  or  excife  fhall  connive  thereat ; 
he  fnall  be  incapable  to  hold  any  ofhce  in  the  revenue,  and  forfeit 
500/.    /  2. 
Excife  officers  3  •  And  the  officers  of  excife  may  go  on  board  any  fhip  or  vef- 

rw)  goon  board,  fd,  and  fearch  in  like  manner  as  the  officers  of  the  cuftoms  may 
do,  for  nny  excifable  liquors,  and  feize  all  fuch  as  fhall  be  forfeit- 
ed, and  fuch  as  ihali  be  unlhipped  before  entry  and  payment  of 
the  duties,  together  with  the  cafks  and  other  package.     1 1  G. 

c.  30.  y:  I . 

Warrant  to  4-  ^'^^  '^  3ny  officer  of  the  exxife  have  caufe  to  fufped,  that 

fcarch.  any  foreign  fpirits  fhall  be  fraudulently  concealed  in  any  place, 

entred  or  not  entred,  if  it  is  within  the  bills  of  mortality,  then  on 
oath  made  before  two  commiffioners,  if  elfewhere,  before  one 
juftice,  where  he  fufpedts  them  to  be  concealed,  fetting  forth  the 
ground  of  his  fufpicion  ;  he  or  they  may  by  fpecial  warrant  au- 
thorize fuch  officer  by  day  or  night,  but  if  in  the  night  in  pre- 
fence  of  a  conftable,  to  enter,  feize,  and  carry  away  the  fame  as 
forfeited,  together  with  the  cafks  or  vefTels :  and  if  any  perfoa 
fhall  obitrudt  fuch  officer,    he  fhall  forfeit  too/.      1 1  G.  c.  30. 

/2. 

\Vlio  only  may         5.  And  by  a  general  claufe  in  the  8  G.  c.  18.  All  brandy,  ar- 
'^'^<='  rack,  rum,  fpirits,  a;)d  llrong  waters,   Britifi  or  foreign,  and  all 

foreign  excifable  liqu^jr*  forfeited,  together  with  the  caiks  or  other 
package,  may  be  feized  by  any  officer  of  the  cuftoms  or  exciie,  or 
perfons  deputed  by  warrant  from  the  lord  treafurer,  or  under  trea- 
surer, or  by  Ipecial  commiffion  under  the  great  or  privy  leal,  and 
no  other  ptrfon.  f.  24. 
Obftruaing  the  6.  And  if  any  perfon  (hall  obftruft  any  officer  of  the  cuEoms 
eSicer.  or  excife,  in  feizing  or  fccuring  any  of  the  faid  liquors,  or  endea- 

YOUC 


CjCClTc*     (Spirituous  liquors.)  397 

vour  to  refcue  them  after  feizure,  or  fhall  after  feizure  ftave,  or 
otherwife  damage  any  cat,  or  veffel;  he  ftiall  forfeit  40/.  8  G. 
r.  18./25. 

7.  But  no  perfon  fliall  be  intitled  to  any  reward  giveii  on  fuch  N^otice  to  be 
feizure,  unlefs  he  give  notice  to  the  next  officer  of  excife,  or  to  ^""-'^  °'  "^'^^i^C' 
the  fupervifor,  in  48  hours  ;  who  (hall,  on  fuch  notice,  take  an 

account  of  the  fptcies  and  quantity  ;  nor  fhall  fuch  goods  be  after- 
wards removed  without  a  permit  from  fuch  officer  of  excife,  on 
pain  of  being  refeized.      iz  G.  c.  28.  /,  6. 

8.  If  any  brandy  or  fpirits  be  imported  in  any  vefTel  of  the  In  v.-h:.t  /hips 
burden  of  40  tons  or  under  (except  for  the  ufe  of  the  feamen  on  ^°  ^^  imported, 
board,  not  exceeding  one  gallon  for  each)  ;  fuch  veflel  with  her 

tackle,  and  alfo  the  fpirits,  or  the  value  thereof,  fhall  be  forfeited, 
and  may  be  feized  by  any  officer  of  the  culloms,  and  profecuted 
in  the  courts  at  ir>j'iminjier.  6  G.  c.  zi.  /.  29.  8  G.  c.  18. 
/.  1,  2. 

9.  And  where  any  vefTel  of  50  tons  or  under,  being  in  part  or  Ships  holering 
fully  laden  with  brandy,  fhall  be  at  anchor,  or  within  two  leagues  near  the  coaft. 
from  the  flioar,  and  not  proceeding  on  her  voyage,  wind  and  wea- 
ther permitting ;  the  commander  of  any  man  of  war  or  armed  floop 
appointed  for  the  guard  of  the  coafts,  or  the  commander  of  any 

floop  or  veflel  in  the  fervice  of  the  cuftoms,  may  compel  the  ma- 
fler  to  come  into  port ;  and  the  fame  fhall  be  liable  in  all  cafes  as 
(hips  hovering  within  the  limits  of  any  port.     6  G.  f.  21.  /  3  i. 

And  if  the  mailer,  purfer,  or  other  perfon  having  charge  of 
the  vefTel,  fhall  fufFer  any  brandy  (or  other  uncuftoraed  goods)  to 
be  put  out  of  the  fhip,  into  any  hoy,  lighter,  boat,  or  bottom, 
to  be  laid  on  land ;  he  ihall,  befides  the  other  penalties,  fufFer  fix 
months  imprifonment.     6  G.  f.  21,  /  32. 

And  by  the  9  G.  2.  c.  35.  Where  ^wy  vefTe!  coming  from  fo- 
reign parts,  and  having  on  board  any  foreign  brandy  or  fpirits,  in 
caiks  under  fix  gallons  ^except  only  for  the  ufe  of  the  feamen,  not 
exceeding  two  gallons  each)  fhall  be  found  at  anchor,  or  hovering 
within  two  leagues  of  the  fhore,  or  be  within  the  limits  of  any 
port,  and  not  proceeding  on  her  voyage,  wind  and  weather  per- 
mitting ;  all  fuch  fpirits,  with  the  cafks  and  other  package,  or  the 
value  thereof,  fhall  be  forfeited  (whether  bulk  fhall  have  been 
broken  or  not) ;  and  the  fame  may  be  feized,  or  the  value  thereof 
fued  for  by  the  cfhcers.     f.  22. 

10.  No  brandy  fhall  be  imported  in  any  vefTel  not  containing  60  i„  ^^hat  cafks  to 
gallons  at  the  leafl ;  on  pain  of  forfeiting  the  fame,  or  the  value,  be  imponed. 
47r.  ..  5./.8. 

11.  All  rum  or  fpirits  of  the  growth  or  manufa£fHre  of  the  Rum  to  be  ware- 
Britijh  fugar  colonies  (impurted  diredly  from  thence)  on   entry  houfed  on  im- 
made,  and  before  payment  of  the  duty,  may  be  landed  and  put  P*^'"^'*^"- 

into  warehoufes,  provided  at  the  charge  of  the  proprietor  or  im- 
porter, and  approved  of  by  the  commifTioners ;  the  proprietor  or 
importer  firft  giving  bond  for  payment  of  the  duty,  if  it  be  fold 
within  Ijx  months;  and  if  it  be  not  fold  in  that  time,  then  to  pay 
the  duty  at  the  end  of  fix  month's,  according  to  the  gage  taken  at 
the  time  of  landing  and  lodging  in  the  warehoufe.     15  G.  2. 

•     -■•  I  And 


398  CjCCtXt.     (Spirituous  liquors.) 

And  if  any  rum  or  fpirits  be  landed,  before  entry  at  the  cuftom 
houfe  and  with  the  colleflor  of  excife,  and  the  duties  fecured,  or 
without  warrant  for  landing,  or  without  the  prefence  of  an  excife 
officer;  the  fame  Ihall  be  forfeited,  or  the  value  thereof.    /  3. 

And  before  it  be  landed  and  lodged  in  the  warehoufe,  a  mark 
fhall  be  fet  upon  every  caflc,  mentioning  the  quantity,  and  the 
proprietor  or  importer;  and  the  warehoufe  keeper  and  excife  of- 
ficer fhall  each  keep  a  book,  and  enter  the  particulars  carried  in  or 
out,  and  when,  and  for  whofe  ufe  delivered ;  and  every  fix 
months,  or  oftner  if  required,  trani'mit  an  account  thereof  in  wri- 
ting, and  on  oath,  to  the  commiffioners  of  excife,  who  fhall  in 
one  month  examine  the  fame;  and  if  any  rum  or  fpirits  fliall  be 
delivered  contrary  to  this  act,  the  wurehoufe  ketver  or  ofncer  of- 
fending (hall  be  difabled  from  holding  any  pubiick  employment* 
and  forfeit  I  co  /.    /"  4., 

And  the  rum  or  fpirits  may  be  delivered  out  of  the  warehoufe, 
on  payment  of  the  excife,  and  on  producing  to  the  warehoufe 
keeper,  and  the  excife  officer  attending  the  warehoufe,  a  certifi- 
cate of  fuch  payment ;  and  the  warehoufe  keeper  (hall  give  a  per- 
mit therewith,  ligned  by  the  excife  officer,  to  prevent  the  feizing 
thereof.    /  5. 

But  no  proprietor,  importer,  or  buyer,  (hall  receive  out  of  the 
warehoufe  lefs  than  one  vefiel  of  20  gallons,  unlefs  for  the  ufe  of 
feamen  in  a  voyage.    /.  6. 

And  the  proprietor  or  importer  may  fix  a  lock  on  the  warehoufe 
and  keep  the  key  ;  and  the  excife  officer  may  put  on  another,  and 
keep  the  key;  and  the  proprietor  or  importer  may  in  prefence  of 
the  warehoufe  keeper,  or  excife  officer,  at  all  reafonable  times, 
view,  and  take  out  as  aforefaid.    /  7. 

And  if  any  rum  or  fpirits  remain  in  the  warehoufe  above  fix 

months,  without  paying  the  duty,  the  commiffioners  of  excife  may 

fell  them  by  auflion,  and  pay  themfelves  the  duty  and  charge?, 

rendring  the  overplus  to  the  proprietor  or  importer.    /.  9. 

Duty  on  home         12.  For  every  gallon  of  fpirits  made  of  imported  wme  or  cy- 

fpints.  Jer,  fhall  be  paid  in  the  whole  the  fum  of  i  j.  3  ^. 

For  every  gallon  of  flrong  waters  or  a^ua  I'ita;  made  of  any 
other  materials,  J  d.  \. 

If  from  foreign  or  from  home  materials  mixed  with  foreign  ; 
then  a  further  duty  of  6  d. 

Jf  from  brewers  wafh  or  tilts,  5  ^.  4  • 

If  from  drink  brewed  of  malted  corn,  ^d.  {  . 

If  from  other  Britijh  materials,  or  any  mixture  therewith  5  d. 

For  every  gallon  of  low  wines  or  fpirits  of  the  hnl  extraction, 
made  from  foreign  materials,   \  s.  yd. 

From  brewers  walh  or  tiltf,   1 1.  ^d. 

From  drink  of  malt,   5  d. 

From  any  other  Euglijh  materials,  7/ 

But  low  wines  or  fpirits  of  the  hrft  extra£\ion  drawn  from  me- 
tafles  only,  fhall  be-liable  only  to  w.  a  gallon  ;  and  all  fpirits  from 
low  wine-,  or  fp:rif-.  of  thehili  extrai^tion,  drawn  from  rriebfles 
only,    fti.iH  be  churge.Tble  \--i:h  6  J.  a  gallon.     15  C  2.   c.  12. 

Nora; 


I 


C]CC(ift*     (Spirituous  liquors,)  399 

Note  ;  All  fpirits  drawn  by  any  diftiller  from  any  mixture  of 
fpirits  with  any  kind  of  walh  or  other  liquor  (except  common 
water)  fhall  be  deemed  low  wmes,  and  chargeable  with  the  duties 
impofed  on  low  wines  drawn  from  foreign  materials,  lo  lii^  1 1  ^f. 
c.  4-/9.  It 

13.  Any  pcrfon  who  fliall  fet  up  any  work  or  office  for  that  Concerning  l-  ■' 
purpofe,  and  thereof  fhall  give  notice  to  the  commiiTioners  of  ex-  ftilki$. 
cife  in  ten  days,  may  diftill  for  fale,  or  to  be  retailed,  any  low  . 
wines  or  fpirits  from  drink  brewed  from  malted  corn  or  cyder,  and  | 
reftify  and  refine  any  fuch  fpirits  of  their  own  making  only,  pay- 
ing duties  and  fubjedl  to  the  fame  regulations  as  other  dillillers. 
8  fif  9/r.  c.  19.  /  13. 

And  by  the  12  Jn.  JL  2.  c.  3.  Any  perfon  may  diflill  brandy 
or  fpirits  made  from  Britijh  malt  or  cyder,  altho'  he  hath  not 
ferved  itvexi  years  apprenticefhip.    /.  9. 

And  by  the  g  G.  2.  c.  23.  Any  perfon  who  hath  cxercifed  the 
bufmefs  of  diftillation  for  feven  years,  or  hath  ferved,  or  on  Mar. 
25.  1736.  was  ferving  an  apprenticefhip  in  the  fame,  may  follow 
any  other  trade  or  bufinefs  in  any  city,  town,  or  place,    f.  21. 

14.  No  common  difliller  or  maker  of  low  wines,  fpirits,  or  Notice  of  houl'cs 
ftrong  waters,  for  fale  or  exportation,  fhall  fet  up  any  tun,  cafk,  and  vdlds. 

t  wafhbatch,  copper,  flill,  or  other  veflel,  for  making  or  keeping 

any  worts,  wafh,  low  wines,  fpirits,   or  flrong  waters,  nor  alter 

lor  enlarge  the  fame,  nor  have  any  of  them  private  or  concealed, 

lor  any  private  warehoufe,  florehoufe,  cellar,  or  other  place  for 

imaking  or  keeping  any  the  faid  liquors,  without  firil  giving  notice 

It  the  next  ofhce  of  excife  ;  on  pain  of  20  /.  and  he  in  whofe  oc- 

:upation  any  of  the  fame  fhall  be,  fhall  forfeit  50  /.     8  ^  9  /F. 

19./.  10. 

And  every  perfon  making  or  keeping  any  wafh,  cyder  oj;  other 
^materials  fit  for  diftillation,  and  having  in  his  pofTeffion  any  flill  or 
iftills  containing  20  gallons  or  upwards ;  fhall  be  deemed  a  com- 
lon  diftiller  for  fale.    /  1 1 . 
And  if  any  officer  of  excife  fhall  have  caufe  to  fufpe<ft  any  fuch 
[private  flill,  back,  or  other  vefTel,  fpirits,   low   wines,  wafh  orv 
lother  materials  prepared  for  dillillation,  to  be  fet  up  or  kept  in 
tany  place,  and  fhall  make  affidavit  before  a  juftice  of  the  peace, 
Land  therein  declare  the  grounds  of  his  fufpicion  ;  he  may,  in  the 
[day  time,  and  in  prefence  of  a  conftable,  by  warrant  from  fuch 
-juftice  to  be  directed  to  fuch  officer,  break  open  the  door  or  any 
part  of  fuch  fufpeded   houfe  or  place,  and  enter,  and  feize  the 
fame,  and  detain  them  there ;  and  if  they  fhall  not  in  20  days  be 
claimed  by  the  owner»  they  fhall  be  forfeited,  and  fold  at  the  next 
general  day  of  fale;  and  if  they  be  claimed  in  20  days,  the  per- 
fon claiming  fhall  forfeit  for  every  warehoufe  or  other  plate,  in 
which  any  fuch  flill,  back,  or  other  vefTe!  fhall  be  found,  and  alfo 
for  every  fuch  Hill,  back,  and  other  vefiel  found  therein,  200/. 
10  b"  1 1  W.  c.  4.  /.  7.      And  by  the  10  b"  1 1  W'.   c.  21.   hr 
fhall  incur  this  forfeiture,  whether  he  fhall  make  any  fuch  claim  or 
iiOt.    f.  23. 

But  if  on  breaking  open  any  fuch  door  or  hpufe,  no  fuch  pri- 
vate back,  fill!,  or  oiher  veflel,  fpirits,  low  wines,  wafh,  or  othcf 

materials 


400  ^pcitt*     (Spirituous  liquors.) 

mateiials  for  diftiUation,  Ihall  be  found,  the  ofHcer  fhall  malctf 
good  the  houfe  or  place  fo  broken  up,  or  make  fatisfadlion  to  the 
owner  to  be  adjudged  by  the  two  next  juftices  (i  J^.)  ;  or  the 
party  injured  may  bring  his  adion  for  the  damages;  and  the  fame 
fhall  be  paid  by  the  commiflloners  out  of  the  revenue  of  excife  ; 
and  if  any  perfon  fhall  obflruft  fuch  ofHcer,  he  fhall  forfeit  200/. 
10  iff  II  Pf^.  f.  4.  /  8. 
VcfTels  to  be  15.  Every  difiiller  fhall  ten  days  before  he  diftills  or  makes  any 

marked.  fpirituous  liquors,  make  entry  at  the  next  office  of  excife,  of  every 

f>ill  and  other  veffel  which  he  fhall  m  ke  ufe  of  for  brewing,  di- 
Ihlling,  working,  making,  laying,  or  keeping  any  worts,  wafhjj 
low  wines,  fpirits,  or  flrong  waters ;  and  alfo  of  the  veffels  ufed 
for  brewing  or  keeping  of  the  after  runnings  or  feints  from  the 
fecond  extraftion  (which  laft  mentioned  ve<u=ls  fhall  not  at  any  one 
time  exceed  two  in  number),  and  alfo  of  all  fuch  nev/  uteniils  as 
they  fliall  make  ufe  for  the  purpofes  aforefaid,  on  pain  of  ijo  /. 
for  every  fuch  ffill  or  other  velfel,  ufed  and  not  entred  :  And  the 
diftiller  fhall  flievv  to  the  officer  every  flill  or  other  veffel  entred, 
and  the  officer  fhall  mark  the  fame  with  a  particular  and  durable 
mark  ;  and  every  veffel  ufed  by  fuch  dillilier  without  being  fo 
fhewn  or  marked,  fhall  be  deemed  a  vefiel  or  utenfi!  of  which  no 
entry  has  been  made  ;  and  if  any  perfon  /hall  rub  out  or  deface 
fuch  mark,  he  fhall  forfeit  20/.  24  G.  2.  r':40.  /  22. 
t>riTate  cocks  16.  No  difiiller  fhall  have  any  private  pipe  or  (lop  cock,  or 

and  p.pes.  other  conveyance,  by   which  any  wafh  or  other  liquors  fi:  for 

diftiUation  may  be  conveyed  from  one  back  or  veffel  to  another, 
or  from  any  fuch  back  or  veffel  to  his  ftill,  or  into  any  other  place, 
nor  fhall  have  any  hole  in  any  back  or  wafhbatch,  by  which  any 
walh.  or  other  liquor  fit  for  diltillation  may  be  conveyed  into  or 
out  of  the  fame  ;  on  pain  of  100  /.     \o  iff  11  P^.  f.  4.  /  3. 

And  the  excife  officer  in  the  day  time,  and  in  prefence  of  a 
conftable,  on  requeit  made  and  caufe  declared,  may  break  up  the 
ground  in  any  diftilling  houfe,  or  the  ground  near  adjoining,  or 
any  wall,  partition,  or  other  place,  to  fearch  ;  and  on  finding  fuch 
pipe  or  other  conveyance,  may  break  up  the  ground,  houle,  wall,' 
partition,  or  other  place,  thro'  or  into  which  any  fuch  pipe  or 
other  conveyance  fhall  lead,  and  may  break  up  or  cut  any  fuch 
pipe  or  other  conveyance,  and  may  turn  any  cock  to  try  whether 
fuch  pipe  may  convey  any  wafh  or  other  liquor.    /  4. 

And  if  no  fuch  pipe  or  private  conveyance  be  found,  the  officer 
fhall  make  good  the  ground,  wall,  houfe,  or  other  place,  or  make 
reafonable  fatisfaftion  to  the  owner,  to  be  adjudged  by  the  two 
next  jultices  (i  ^.)  ;  or  the  party  injured  may  bring  his  affion 
for  damages ;  the  fame  to  be  paid  by  the  commiffioners  out  of  the' 
revenue  of  excife.  And  if  any  perfon  obftruft  fuch  officer,  he 
fhall  forfeit  100  /.    /.  5. 

But  any  difiiller  may  ufe  any  pipe,  flop  cock,  or  other  convey- 
ance above  ground,  in  open  view,  from  one  end  to  the  other,  for 
letting  his  wafh  out  of  tiie  coolers  into  his  backs  or  wafhbatches, 
and  for  conveying  the  w;ifh  or  v*orts_.  out  of  ihe  back  or  waLhbatch 
into  the  ftill.    /  6. 

17.  The 


i 


OCClXC*     (Spirituous  liquors.)  401 

17.  The  diftiller,  within  the  bills,  (hall  24  hours  at  leaft,  and  Notice  of  takffig 
elfewhere  48  hours,  bet'ore  he  receive  any  quantity  of  wine,  cyder,  '"  materials,  ^ 
fugar,  water,  or  any  kind   of  fermented  \v<-.(h,  into  his  cuftody, 

give  notice  to  the  officer  of  excife,  of  the  quantify  and  fpecies, 
and  when  he  intends  to  receive  the  fame  ;  on  pain  of  50/.  24G.  2. 
c,  40.  /  24. 

And  by  the  yearly  malt  afts^  every  didiller  who  Ihall  rpceive 
any  quantity  of  cyder  or  perry  into  his  curtoiy,  fhall  give  notice 
in  writing  :o  the  officer  under  whofe  furvey  he  ihall  refide,  48  hours 
before  he  ffiall  begin  to  put  any  of  the  fame  into  the  ftil',  to  be 
drawn  into  low  wines  or  ipii  its ;  and  if  he  fhall  not  give  fach  no- 
tice, or  fhall  difpofe  of  any  quantity  thereof  otherv/ife  than  by 
diftillation,  he  Ihall  forfeit  5/.      28  G.  2.  c.  2.  /  9. 

18.  The  excife  officers  by  day  or  by  night  (but  if  hi  the  n'jht.  Officer  to  enter 
in  prefence  of  a  conftable)   may  enter  into  all  houfes  and  p'nces  ^^^  furvey* 
made  ofe  of  by  diftillers  or  de^Jers  in  the  faid  liquors,  and  by  taft- 

ing,  gaging,  or  othervvife,  may  take  an  account  of  the  quantity 
and  quality  j  and  if  fuch  perfon  fliall  obftrudl  the  officer,  he  (hall 
forfeit  50/.     6  G.  c.  z\.  f.  14. 

19.  And  the  officer  may  take  a  fample  of  the  low  wines  or  fpi-  Offiter  may  tafeft 
rits,  and  of  the  feints  and  fpent  wafli,  paying  for  fjch  fpirits  or  low  ^  Sample, 
wines  after  the  rate  of  10/.  a  gallon,  and  for  the  feints  and  Ipenfi 

wafh  I  s.  a  gallon  j  and  if  any  diftiller,  his  workman  or  fervant, 
fhall  refufe  to  permit  hira  to  take  fuch  famples,  or  fhall  obftruifl 
him  in   taking  thereof,    he  fhall  forfeit  50  /.     24  G.  2.   c.  40. 

/  23- 

20.  If  the  diftiller  or  maker  fhall  conceal  any  ^e  faid  liquors  Concealing  from 
from  fight  of  the  gager,  he  fliall  forfeit  5  j.  a  gallon.    ^W.  c.i  5.  *^°  S^ger. 

2 1 .  The  officer  may  keep  art  account  of  the  feveral  forts  of  wafh  Officer  to  charg? 
which  fhall  be  found  by  him  in  the  hands  of  a  diftiller,  and  upon  for  materials 
any  decreafe  of  fuch  wafh  brewed  or  made  from  malted  corn  or  "*'^r'"§« 

corn  unmalted,  may  charge  fuch  diftiller  with  fo  much  low  wines 
or  fpirits  of  the  tirft  extraction  as  one  fourth  part  of  the  fame  wafh 
fo  decreafed  fhall  amount  unto ;  and  alfo  v/ith  fo  much  proof  fpirits 
or  fpirits  of  the  fecond  extradlion,  as  three  fifth  parts  of  the  faid 
low  wines  fo  charged  fhall  amount  unto:  and  alfo  upon  any  de- 
creafe of  wafh  made  from  cyder  or  perry,  may  charge  luch  di- 
ftiller upon  whom  fuch  decreafe  fliall  be  found,  with  fo  much  low 
wines  or  fpirits  of  the  firft  extradion,  as  one  fifth  part  of  the  fame 
wafh  fo  decreafed  fhall  amount  unto ;  and  likewife  with  fo  much 
proof  fpirits,  or  fpirits  of  the  fecond  extradion,  as  one  half  part 
of  the  fame  low  wines  or  fpirits  of  the  fecond  extraftion  fhall 
amount  unto.     4  An.  r.  1 2.  /  4. 

22.  No  diftiller  fhall  deliver  or  carry  out  any  low  vvine%  fpi-  Carry 'ng  out  at 
rits,  or  aqua  wtcs,  to  any  of  their  cullomfers,  in  caflc,  or  by  the  the  ftUl  houfc, 
gallon,  without  notice  thereof  firft  given  to  the  officer  of  excife, 

unlefs  from  Sep.  29  to  Mar.  25  yearly,  between  five  in  the  morn- 
ing and  eight  in  the  evening,  and  from  Mar.  25  to  Sep.  29  yearly^ 
between  three  in  the  morning  and  nine  in  the  evening;  on  pain  of 
10/.     ■^^  SfF.  c.  30./.  15. 

Vol.  I.  D  d  23.  Every 


402  CjCCift,     (Spirituous  liquors,) 

Reuik.s  houfes       23.  Every  perfon  who  fliall  retail  lefs  than  two  gallons,  ftialT 
to  be  cijtxed.       ^^^  ^y^  before  make  entry  in  writing  of  all  warehoufes,  (hops, 
cellars,  or  other  places  by  him  intended  to  be  ufed,  at  the  next 
excife  office  ;  and  of  all  fpirituous  liquors  therein  ;  on  pain  of  20  /. 
for  every  place,  and  40  s.  for  every  gallon  not  entred,  and  alfo 
the  liquors  and  caflcs.     gG.  2.  c.  23.  y"  7. 
Retailer  to  give       24.  And  no  fpirituous  liquors  fhall  be  brought  into  any  fuch 
notice  of  bring-  warehoufe  or  other  place,  without  firfl:  giving  notice  to  the  officer 
"*S  "»•  of  excife;  and  leaving  with  him  an  authentic  certificate,  that  all 

the  duties  are  paid,  or  that  they  have  been  condemned  as  forfeited, 
and  expreffing  the  quantity  and  quality,  the  name  of  the  feller, 
and  where  the  duties  were  paid,  or  the  liquors  condemned  ;  on 
pain  of  20/.  and  the  liquors  and  caflcs.  g  G.  2.  f.  23.  /".  7. 
Permit  on  bring-  25.  No /erf /§^«  brandy  or  fpirits,  altho' under  one  gallon,  fliall 
»"8  in*  be  received  into  the  cuftody  of  any  retailer,  without  a  permit 

fignifying  that  the  duties  were  paid,  or  that  it  had  been  con- 
demned ;  on  pain  of  forfeiting  the  lame,  and  the  veiTel.     8  G. 
r.  i8./i3. 
Britlflitobe  26.  All  dealers  in  foreign  brandy  or  fpiritj,  who  fhall  receive 

kept  feparate      jnto  their  cullody  BriiiJJ}  fpirits,  fhall  keep  the  fame  in  feparate 
fpirits  °'^'^°       cellars  or  other  places,  from  their  foreign  brandy  or  fpirits ;  oa 
pain  of  10  X.  for  ever>'  gallon  of  Britijh  fpirits  found  in  the  fame 
place  with  the  foreign  fpirits,  together  with  the  cafks  in  which  the 
(aid  Britifh  fpirits  fhall  be  found.     8  G.  r.  1 8.  /  n . 
Retailer  increa-       27.  No  retailer  fhall  make  any  increafe  of  the  liquors,  after 
fing  ths  liquori.  j^jgy  ij^yg  been  taken  account  of  by  the  officer,  by  any  private 
addition  thereto  of  water  or  other  liquor  ;  on  pain  of  40  s,  a  gal- 
Ion,  and  the  liquors  fo  mixed  fhall  be  feized  and  forfeited.  gG.z^ 
r.23. /8. 

And  if  the  officer  of  excife  fhall  find  any  increafe  of  _/3>-a>«  fpi- 
rits, over  and  above  the  quantity  which  he  found  at  any  dealers 
on  the  laft  furvey,  fuch  increafe  fhall  be  deemed  to  be  made  by 
foreign  fpirits  for  which  no  duty  was  paid  ;  and  fo  much  as  fhalJ 
be  found  increafed,  fhall  together  with  the  cafk  be  forfeited,  unlefs 
the  owner  make  it  appear,  chat  the  increafe  was  made  by  mixing 
therewith  in  the  prefence  of  the  officer  of  the  divifion,  fome  of 
his  flock  of  Brittjh  fpirits  whereof  the  officer  had  taken  an  ac- 
count, or  by  foreign  fpirits  brought  with  a  permit,  or  that  it  had 
been  condemned  and  brought  in  on  due  notice  given  to  the  officer. 
8G.  c.  18./.  12. 
Retailer  conceal-  28.  The  officers  at  all  times  by  day  and  night  (but  if  in  the 
«ng»  n'ght,  in  prefence  of  a  conftable,  oath  being  firll  made  before  2 

ji^ice  dwelling  near  of  a  probable  caufe  of  fufpefting  a  conceal- 
ment) may  enter  into  all  fuch  warehoufes,  fiiops,  or  other  places, 
and  by   tailing,  gaging,  or  otherwife,   take  an  account  of  the 
quantity  and  quality  ;  ^nd  if  any  fuch  retailer  fhall  hinder  the 
officer,  he  fliall  forfeit  50  /.     9  G.  2.  r.  23.  /  9. 
Noni  to  be  fold       29.  And  no  fuch  liquors  fhall  be  fold,  but  in  fuch  warehoufe, 
but  in  entred      fhop,  cellar,  or  othcT  place,  fo  entred ;  on  pain  of  40  j.  a  gallon. 
P'^«''  6G.  f.  21./  15. 

And  by  the  11  G.  r.  30.  No  arrack,  whether  Briti/b  or  foreign, 
fliall  be  ofTered  to  fale,  either  by  wholefale  or  retail,  but  in  an 

en;red 


€j^ti[t*     (Spirituous  liquors.)  ^ 

entred  place ;  on  pain  of  forfeiting  the  fame,  with  the  cafks  or 
other  veffels,  befides  the  faid  penalty  of  40  s.  a  gallon.    /.  3. 

30.  Every  perfon  who  (hall  have  in  his  cuilody  above  63  gal-  Who  /In)!  be 
Ions,  (hnll  be  deemed  a  feller  and  dealer  in  fuch  liquors.     6  G.  deemec  a  felic 
C.21./.18.  andacicr. 

3 1 .  No  perfon  fliall  retail  any  diftilled  fpirituous  liquors  or  ftroi;g  Licence  t.r 
water?,  mixed  or  unmixed,  without  a  lit -nee  tasen  out  ten  days  ■^'^'•"W* 
before,  for  which  he  fhall  pay  40  s.  yearly  ;  if  within  tr,.-  bills, 

from  two  commiflioners  of  excife  j  elfewhere,  from  the  co!;ec.ors 
and  fupervifors  within  their  refpedive  diftrifts.  16  G.  2.  c  8. 
/.  8.      24  G.  z.  c.  40.  /  9. 

And  every  perfon  who  fhall  retail  fpirituous  liquors  mixed  or 
unmixed,  to  be  drank  in  any  quantity  whatfoever,  in  any  place  to 
}iim  belonging ;  or  Ihall  retail  or  fend  the  fame  abroad  in  lefs 
quantity  than  two  gallons,  fhall  be  deemed  a  retailer.  17  G.  2. 
c.  ly.  /.  20. 

32.  And  no  fuch  licence  fhall  be  granted,  except   o  fuch  per-  Who  only  /hall 
fons  only  who  keep  taverns,  viifcualling  houfes,  inns,  coffc:  houfes,  ^^^*^  licences. 
or  alehoufes ;  and  all  other  licences  ihaJl  be  void :  and  i;  any  li- 

cenfed  perfon  fhall  exercife  the  trade  of  a  diltiiier,  grocer,  or 
chandler,  or  keep  a  brandy  (hop  for  fale  of  fpirituous  liquors,  the 
licence  (hall  be  void.      17  G.  2.   c  17.  /  19. 

And  no  licence  fhall  be  granted  within  the  limits  of  the  head  of- 
fice of  excife  in  London,  but  to  fuch  as  occupy  tenements  of  10/. 
a  year,  and  pay  parifh  rates  for  the  fame  ;  or  in  places  where  ti^e 
occupiers  of  houfes  are  not  rated  to  the  church  and  poor,  ^hen 
to  fuch  perfons  as  pay  rent  of  12/.  a  year,  and  not  otherwile  ; 
nor  to  perfons  in  any  other  part  of  the  kingdom,  but  (uch  as  pay 
to  the  church  and  poor  :  /ind  no  licence  fhall  be  of  any  2 vail 
longer  than  he  (hall  be  fo  qualified.  24  G.  2.  c.  40.  j.  \z. 
26  G.  2.  c,  13.  f.  9. 

33.  And  fuch  perfons  alfo  (hall  firft  be  licenfed  co  fell  ale  orTobefuiT  'i- 
fpirituous  liquors,  by  two  or  more  juftices  of  the  peace,     it  G.  2.  *^^"^'^"  '-  •-"  ""-' 
f.  8.  /  II. 

And  thejoftices  of  the  peace,  and  other  officers,  (hall  have  the 
tame  jurifdiiiion  over  fuch  retailers  of  (pirir  ous  liquors,  as  they 
have  over  alehoufekeepers.  12  IS  13  ^^.  <:.  11  yi  18.  2  G.  2. 
(.  28./  10. 

34.  And  no  licence  (hall  impower  any  perfon  to  fell  fpiririrous  To '-c  licenfed 
liquors  in  any  place,  except  in  the  houfe  or  places  thereto  belong-  ^'"iy  where  they 
ing,  wnerein  they  ihall  inhabit  at  the  time  of  granting  the  licence.  ^'''•'^"' 

17  G.  2.  c.  ij.  f.  22. 

35.  Perfons  retailing  without  licence  flia!I  forfeit  10  /.   and  on  F<-n.Ly  of  fel-. 
nonpayment  when  demanded,  one  juftice  on  oath  of  fuch  negleft  ''"-  without  U- 
ihall  commit  the  offender  to  the  houfe  of  corredion,  to  be  kept 
to  hard  labour   for   two  months,    or  till  paid.     16  G.  2.   c.  8. 

/•9- 

And  the  faid  penalty  fhall  in  no  cafe  be  mitigated  below  the 
fum  of  5 /,     24G.  2,  f.  40.  /  1 1.     26  G.  2.  r.  13.  /  8. 

And  the  juftices  may,  if  they  think  proper,  inftead  of  levying 
fhe  penalty,  commit  the  offender  to  the  houfe  of  correflion,  to  be 
kepi  ^ci  hard  labour  for  two  months ;  and  the  perlcn  fo  committed 

Dd  a  Ihall 


cence. 


404  4^%tiit*     (Spirituous  liquors.) 

fhall  before  his  difcharge,  be  flript  naked  from  the  middle  up- 
wards, and  whipc  until  his  body  be  bloody.      17G.  2.   r.  17. 

And  alfo  all  the  diftilled  fpirituous  liquors  that  {hall  be  then,  or 
at  any  time  \vithin  fix  months  after  conviftion,  found  in  his  cu- 
flody,  hoiife,  or  other  place  occupied  therewith,  whether  it  be  in 
his  own  occupation  or  not,  fhall  by  warrant  of  the  faid  commif- 
lioners,  or  of  one  juftice,  be  feized,  and  ftaved,  or  otherwife  de- 
ftroyed  :  And  any  peace  or  parifli  officer,  authorized  by  fuch  war- 
rant, may  at  any  time  in  fix  months  after  conviftjon  enter  fuch 
places,  and  break  open  doors,  if  not  opened  on  demand.  And 
if  any  perfon  (hall  offend  again  in  like  manner,  the  commiflioners 
or  juftices  before  whom  he  (hall  be  convi6\ed  of  fuch  fubfequent 
offence,  may  inflift  the  penalties  by  any  former  law  to  be  inflifted 
for  fuch  offence,  and  alfo  commit  the  offender  to  the  houfe  of 
correftion,  to  be  kept  to  hard  labour  not  exceeding  three  months, 
and  alfo  (if  they  (hall  think  fit)  order  him  to  be  whipt.  And 
being  convifted  of  a  third  offence,  it  fhall  be  deemed  felony,  and 
the  feffions  may  tranfport  him  for  any  time  not  exceeding  feven 
years.     24  G.  2.  c  40.  f.  13. 

And  the  convidion  (hall  be  in  this  form,  or  to  the  like  ef- 
feft,  'VIZ. 

Middlefex.  A.  B.  is  con-viSied  on  his  ovjn  eonfejjion  (or  on  the 
oath  of  A.   W.)    of  hai'ing  fold  Jircng  ivaters   in    the  patijh   of 

— — — —  in  this  county,  on  the day  cf  ivithcut  being 

duly  licenfed  thereto  :  This  is  the  firfi,  fecondy   or  third  con<vi^ion. 
Given  under  my  hand  and  feal  &c. 

And  the  commiffioners,  or  one  jafllce,  on  oath  of  any  offence 
againft  this  aft,  or  any  other  aft  for  regulating  the  retailing  of  fpi- 
rituous liquors,  may  grant  a  warrant  to  any  of  the  peace  officers, 
or  other  parifh  officers,  to  enter  and  fearch  the  houfes  and  other 
places,  where  the  offence  fhall  be  fvvorn  to  have  been  committed, 
or  in  the  occupation  of  the  peifons  fwom  to  be  guilty  thereof, 
and  they  may  break  open  the  doors  if  not  opened  on  demand, 
and  feize  all  fuch  diflilled  fpirituous  liquors  as  they  fhall  there  find, 
and  detain  the  fame,  till  the  offence  (hall  be  beard  and  determined; 
and  if  the  offender  be  convifted,  the  liquors  fhall  be  forthwith 
ftaved  ;  and  if  he  be  not  convifted,  the  fame  (hall  be  reftored. 
24  G.  2.  c.  40.  /  14. 
Hawking  In  the  36.  No  perfon  (hall  hawk,  fell,  or  expofe  to  fale  any  fpiri- 
ftreets,  tuous  liquors  about  the  Ibeets,  highways,  or  fields,  in  any  wheel- 

barrow or  bafket,  or  on  the  water  in  any  boat,  or  in  any  other 
manner ;  or  fhall  fell  or  expofe  the  fame  to  fale,  on  any  bulk, 
ftall,  or  filed,  or  any  other  place  other  than  as  above  is  allowed ; 
on  pain  of  10  /.  And  one  juftice,  on  his  own  view,  or  confeffion, 
or  proof  of  one  witnefs,  may  convift  him ;  whereupon  he  (hall 
immediately  pay  the  10/.  to  the  churchwardens  and  overfeers : 
and  on  refufal  or  negleft,  the  juftice  fhall  commit  him  to  the 
houfe  of  correftion  to  be  kept  to  hard  labour  for  two  months 
to  be  reckoned  from  the  day  of  commitment ;  and  he  (hall  not  be 
difcharged  till  he  p.iy  the  fum,  or  till  the  two  months  be  expired. 
If  there  is  no  informer,  it  fhall  be  wholly  to-  the  ufe  of  the 
-  -    ■  -  poor} 


I 


I 


CjCCiXt*     (Spirituous  liquors.)  405 

poor ;    otherwife,  half  to  the  informer,   and  half  to  the  poor. 
c,G.  2.  c.  23./  13. 

And  moreover,  he  (hall  before  his  difcharge  from  the  houfe  of 
correftion,  be  dripped  naked  from  the  middle  upwards,  and  whipt 
until  his  body  be  bloody.     lo  G.  2.  c,  ij.  /.  9. 

And  any  one  juilice,  on  information  on  oath  againft  fuch  per- 
fon,  may  (without  any  previous  fummons)  tffue  his  warrant  for  ap- 
prehending and  bringing  him  before  fome  julHce  where  the  offence 
was  committed.      11  G.  2.  c.  26.  /.  4. 

And  any  perfon  may  fetze  and  detain  him,  until  he  may  give 
notice  to  the  conftable,  churchwarden,  overfeer,  or  other  peace  or 
parifh  officer ;  who  Ihall  carry  the  perfon  fo  feized  and  detained, 
before  a  juftice  of  the  peace,  who  (hall  proceed  thereon  as  in  cafe 
where  lie  is  brought  by  the  conftable.     11  G.  2.   c.  26.  /  5. 

M.  1 5  G.  2.  K.  and  Crofts.  A  woman  was  convided  for  fel- 
ling gin,  and  it  appearing  that  fhe  was  a  feme  covert,  it  was  ob- 
jected that  (he  could  not  be  convifted,  for  as  fhe  could  make  no 
contraft,  ii.  mad  be  taken  to  be  her  hufband's  fale  ;  or  if  Ihe  could 
be  conviiled,  the  hulhand  ought  to  have  been  joined  for  confor- 
mity. It  was  anfwercd,  that  where  the  crime  is  of  fuch  a  nature, 
as  can  be  committed  by  her  alone,  fhe  may  be  profecuted  without 
her  h^jfband  ;  which  being  a  proceeding  grounded  merely  on  the 
breach  of  the  law,  he  fliall  not  be  included  unlefs  privy  :  In  this 
cafe  there  may  be  imprifonment  and  whipping.  And  by  the  court. 
We  think  the  convidtion  is  right  j  for  this  is  not  like  the  cafes  that 
found  only  in  damages.  The  wife  may  be  convidkd  for  recu- 
fancy.  And  though  (he  cannot  have  the  benefit  of  the  contradl, 
yet  fhe  as  well  as  a  fervant  may  do  the  aft  of  vending.  Befides, 
there  would  be  a  plain  way  to  evade  the  aft,  if  femes  covert  could 
not  be  ronvifted.     Str.x\2\. 

37.  If  any  lefs  qaantity  than  two  gallons  (hall  be  fold  or  deli-  Occupier  of  the 
vered  in  any  clandeftine  manner,  to  any  perfon,  in  any  houfe,  houfe  ftall  be 
outhoufe,  ftable,  barn,  (bed,  or  other  place,  part  of  or  belonging         * 
to  any  houfe  or  farm  ;  in  fuch  cafe,  the  occupier,  or  occupiers  (if 
more  than  one)  cocfenting  thereto,  (hall  be  deemed  retailers,  and 
forfeit  as  felling  without  licence.      1 1  G-  2.   c.  26.  f.  i. 

58.  Perfons  giving  away  fpirituous  liquors,  to  fervants  or  ap- Perfons  giving 
prentices  fetching  goods  from  their  ihops,  (hall  be  deemed  retailers,  f^^y  fpintuous 
9  G.  2.  c.  23.  J.   lb.  ^ 

39.  If  any  mafter  or  other  perfon  (hall  agree  to  pay  any  work-  Paying  wages  ia 
man,  fervant,  or  labourer,  or  other  perfon  employed  by  him  or  <p'nt"0"s 
for  him,  io  much  money  for  wages,  and  fo  much  fpirituouf  liquors,  "1"°"' 
as  together  with  the  money  (hall  amount  to   the  value  of  the 
wages  ufually  paid  in  like  cafes ;  or  (hall  fet  off  or  deduft  any 
part  of  the  wages,  for  any  fpirituous  liquors ;  he  (hall  be  deemed 
a  retailer,  and  forfeit  20 1,  over  and  above  the  other  penaltieSj 
and  fuch  Servant  (hall  be  intitled  to  his  whole  wages.     9  G.  2. 

€.    23.    /    II. 

_  40.  But  nothing  herein  ihall  extend  to  phyficians  or  apotlieca-  Apothecaries  fel- 
ries  felling  the  lame  as  medicines.    9  G.  2.  c.  z^.  /.  iz.    16  G.  2. 1'ng  Tpintuous 

f.  B.  /.   12.  liquors, 

D  d  3  4i.  No 


•6  CjCt^Tc^     (Spirituous  liquors.) 


Se.l.ii:   >n  gaols 
Or  woi  •<  aoufts. 


Recovpnng  debt 
fcT  fpintuous 
liouors. 


41.  No  iicence  (hall  be  granted  for  retailing  of  any  fpirituoas 
liquoi's,  V.  ithin  any  j^aol,  prifon,  houfe  of  correction,  workhoufe, 
or  iio^fr'  of  entertainment  for  parifti  poor;  and  if  any  keeper  of 
fuch  p.  iUni  or  houfe  fhall  fell,  ive,  lend,  or  give  away,  or  know- 
irgly  fufter  any  fpirituou;  liquors  or  itrong  waters  to  be  fold,  ufed, 
lent,  or  given  away  in  any  fucri  gaols  or  houfes,  or  brought  into 
the  fame,  except  fuch  n.s  Ihall  be  prefcribed  by  the  direction  of  a 
regular  phyficiao,  furgeon,  or  apothecary,  from  the  fhop  of  fome 

regular  apothecary, he  Ihall  forfeit  100/.  half  to  the  king, 

and  half  (with  luU  cofts)  to  him  who  iTiall  .fue  in  the  courts  at 
Wejimin/iei .  And  if  any  fuch  perfon  (hall  oftcnd  again  in  like 
manner,  and  be  a  iecond  time  convifled  ;  he  fliall  forfeit  his  of< 
fice.     24  G.  2.  c.  40.  /  17. 

And  anyjuflice,  on  information  on  oath  that  fpiri:uous  liquors 
or  ftrong  waters  are  kept  aiJ  difpofed  of  in  any  fuch  prifon  or 
other,  place,  may  enter  and  fearch,  or  impov.er  by  warrant  any 
conftable  to  fearch  for  and  feize  all  fuch  liquors  as  (hall  be  found 
(except  fuch  as  are  direifted  to  be  ufed  medicinally)  and  *o  ftave  and 
deilroy  the  fame.    /  i  S. 

And  if  any  perlbn  fha!I  bring,  or  endeavour  to  bring  any  fuch 
liquors  (except  in  the  way  of  medicine  as  before  mentioned)  into 
any  fuch  gaol  or  other  place,  the  gaoler  or  his  fervants  may  ap- 
prehend and  carry  fuch  offender  before  any  juftice  of  the  peace, 
who  lliall  hear  and  determine  fuch  ofience  in  a  fummary  way  ;  and 
if  by  the  oath  of  one  witnefs,  or  otherwife,  fuch  perfon  ihall  be 
conv'ifted,  he  (hall  be  committed  to  prifon  or  to  the  houfe  of  cor- 
redion,  not  exceeding  three  months,  unlefs  he  (liall  immediately 
pay  down  fuch  (ine  not  exceeding  20/.  and  not  lef»  than  10/.  as 
the  jaftice  (hall  impofe,  to  be  paid  half  to  the  informer,  and  half 
to  the  poor  of  fuch  prifon  or  workhoufe.    /  19. 

And  the  gaoler,  keeper,  mailer,  or  other  officer,  (hall  procure 
a  copy  of  the  three  preceding  claufes,  to  be  printed  or  fairly  writ- 
ten, and  hung  up  in  one  of  the  moil;  publick  places  of  his  gaol, 
ho'jfe  of  correflion,  or  workhoufe  afcrelaid,  and  renew  the  fame 
fron  tim.e  to  time,  fo  that  it  be  always  kept  fair  and  legible  ;  on 
pain  of  40  s.  by  warrant  of  one  juftice,  on  oath  of  one  witnefs. 
And  any  j'jflice  may  enter  and  demand  a  fight  of  it,  and  if  it  fhali 
not  be  ihewn  to  hjm  hong  up  in  fome  publick  place  fair  and  legi- 
ble ;  he  (hall  immediately  coiividi  fuch  perfon,  and  fo  from  time  to 
time  as  often  as  he  (hall  think  fit :  half  to  be  to  the  informer,  and 
half  (or  the  whole  if  there  be  no  informer)  to  the  poor  of  fuch 
gaol  or  other  place.    /.  20. 

4  2.  No  perfon  fliall  recover  any  dfbt  on  account  of  fpiritu- 
oas liquors,  unlefs  it  fnall  bonu  f.de  have  been  contrafted  at  one 
time  to  tiie  amount  of  20/.  or  upwards;  nor  fliall  any  particu- 
lar article  in  any  account  be  allowed,  where  the  liquors  deliver- 
ed at  one  time,  fliall  not  amount  to  the  full  valoc  of  20  j.  and 
where  no  part  of  the  liquors  fo  fold  fhall  be  agrtcu  to  be  return- 
ed ;  and  if  k'.ny  retailer,  with  or  without  a  licer.ce,  fhiall  take 
any  pawn  by  wiy  of  (ccurity  for  payment  of  any  money  for  iuch 
liquor?,  he  fliiil  forfeit  40/.  by  warrant  cf  one  julucc,  half  to 
the  poor,  and  half  to  the  iuiCimer;    and  the  owner  fliall  have 

luch 


€XtiU.     {Spirituous  liquors)  407 

fcch  remedy  for  recovering  fach  pawn,  as  if  it  had  never  been 
pledged.     24  G'.  2,  c.  40./  16. 

43.  If  ?ny  dilliller  or  other  perfon  Jhall  knowingly  fell  or  deli-  DiftlHer  t^cllwr- 
verany  diftilled  fpirituous  liquors,  that  the  fame  may  be  unlawfully  J"e  5°  ""'J'^^n^'* 
retailed,  or  to  any  unlicenfed  retailer;  he  ftiall  forfeit  10/.  and"" 

treble  value  of  the  liquors,  half  to  the  king,  and  half  to  him  that 
ihall  fue  in  the  courts  at  If'efiminflcr.  And  if  any  perfon  guilty  of 
retailing  fuch  liquors,  (hall  difcover  the  diftiller  or  perfon  who 
knowingly  fupplied  him  therewith,  and  profecute  him  to  convic- 
tion, he  (hall  be  intitled  to  his  Ihare  of  the  penalty,  and  indemni- 
fied againft  all  penalties  incurred  by  him  before  that  time,  for  fel- 
ling fpirituous  hquors  without  licence.     24  G.  2.  c.  40.  f.  1 5. 

44.  If  any  perfons  to  the  number  of  five  or  more,  fhall  in  a  Riotoufly  refcu- 
tomultuous  and  riotous  manner  afl'emble  to  refcue  any  offenders in^  offenders,  or 
againfk  any  aft  relating  to  fpirituous  liquors,  or  for  licenfing  the  re- *'^^"'*'"5  »o- 
tailers  thereof,  or  to  affauk  any  perfon  who  fliall  have  given  or  is  °"™"* 
about  to  give  any  information  againft,  or  fhall  have  difcovcred  or 

given  evidence  againft,  or  fnall  ieize  or  brin^f  to  juftice  any  offen- 
der ;  he,  his  aidurs  and  abettors,  fhall  be  guiky  of  felony,  and 
tranfported  for  feveh  years.     24  G.  2.  c  40.  /  32. 

45.  Where  any  fuch  liquors  fliall  be  foH  in  any  fuch  entred  Permit  for  renjo- 
place,  the  officer  fhall  on  reqnell  of  the  itA\&r  (without  fee)  give  val  after  lale, 
the  buyer  a  certificate  figned  by  him,  exprefhng  the  quantity,  the 

name  of  the  buyer  and  feller,  and  that  tiie  duty  hath  been  paid, 
or  that  it  hath  been  condemned  as  forfeited.     6  G.  r.  21.  /.  16. 

And  no  fuch  liquor,  exceeding  one  gallon,  fhall  be  carried 
withour  fuch  certificate  or  permit ;  on  pain  of  forfeiting  the  fame 
with  the  cafks  and  veffels.    /.  17. 

And  if  any  perfon  fhall  take  out  a  permit,  and  not  remove  the 
liquors  accordingly,  nor  return  the  permit;  he  fliall  forfeit  treble 
value  :  And  if  there  appears  not  a  fufTicient  decreafe  in  the  ftock, 
to  anfvver  the  quantity  in  the  permit,  the  ofhcer  may  feize  fo 
much  as  will  anfwer  the  quantity.  But  no  perfon  fhall  receive  a 
permit,  without  diredion  in  writing  of  the  perfon  (or  his  fervant) 
from  whofe  ftock  the  goods  are  to  be  removed;  on  pain  of  50/. 
and  in  default  of  payment,  three  months  imprifonment.  1 1  G. 
c.  30.  /.  lO. 

46.  If  any  perfon  fhall  offer  any  fpirituous  liquors  to  fale,  notseiUngwithDat 
having  a  permit;    or  if  any  pedlar,    or  other   trading  peifon,  a  permit,  orped- 
going  from  town  to  town,  or  other  mens   houfes,    and   trading lars  with  one. 
either  on   foot,  or  with  any   horfe  or  other  cattle,  or  otherwife, 

fhall  offer  any  fuch  liquors  to  iale,  altho'  he  have  a  permit :  the 
perfon  to  whom  they  are  oftered  to  fale,  may  feize  and  detain 
fuch  liquor-s  and  carry  them  to  the  next  warehoufe  belonging  to 
the  cufto.-ns  or  exciTe,  and  bring  the  peifon  before  a  juftice,  to  be 
by  him  committed  to  prifon,  and  profecuted  for  the  penalties  in- 
curred for  fuch  offence  ;  and  fuch  liquors  may  be  profecuted  in  the 
name  of  the  perfon  who  ftopped  or  ieized  the  fame,  in  like  man- 
ner as  if  tliey  had  been  Icized  by  an  officer.  9  G.  2.  c.  35. 
/•  20. 

47.  When  any  officer  of  the  cuiloms  fhall  neglefl  to  feize  and  OiBctr  ne>gj*!l« 
profecute  any  vefl'el,  boat,  horfes,  or  other  cattle  or  carriage,  for-  '"8  « *«'«• 

Dd  4  ^e«ed 


Conftable  neg- 
lecting bis  du  y. 


Carrying  coaft- 
wife. 


Exportation. 


408  C]CClXc»     (Spirituous  liquors.) 

felted  for  running  of  brandy,  and  Ihall  be  convifted  thereof  on 
his  appearance  or  default,  by  oath  of  one  witnefs  or  confeflion  ; 
hs  Ihall  forfeit  50/.     6  G.  2.  c.  ly.  /.  10. 

4S.  If  any  conftable  or  other  peace  officer,  (hall  refufe  or  neg- 
left  on  notice,  or  his  own  view,  to  be  aiding  in  the  execution  oi 
this,  or  of  the  ads  of  9  G.  2.  or  10  G.  2.  herein  mentioned; 
he  fhail,  on  convidion  by  the  oath  of  one  witnels,  forfeit  20  /. 
II  G.  2.   c.  26.  /  7. 

49.  AD  low  wines  or  fpirits  carried  coaftwife,  without  a  certifi- 
cate from  tne officer  of  excife  where  they  were  mace,  that  die  oury 
hath  been  paid,  fhall  be  forfeited,  and  feized  by  the  officers  where 
they  (hall  be  brought  in.     3  G.  c.  4.  /  17. 

50.  It  is  generally  provided  by  the  feveral  flatutes,  that  home 
fpirits  may  be  exported,  and  a  drawback  of  the  duties  allowed 
thereuy/on. 

But  by  the  6  G.  2.  c.  17.  for  fpirits  drawn  from  Britijh  corn, 
there  (hall  be  allowed  a  drawback  by  the  excife  officers  at  the  port 
of  (hipping,  of  4/.  18  J.  a  ton,  in  full  of  all  drawbacks:  Except 
that  for  every  ton  of  fpirits  drawn  from  barley  malt,  or  other 
corn,  there  fliall  be  paid  by  the  officers  of  the  culloni«,  when  bar- 
ley is  24  J.  a  quarter,  or  under,  i  /.  ioj.  in  like  mauner  as  for 
corn  exported,    f.  7,  8. 

51.  All  the  penalties,  not  herein  otherwife  direfted,  (hall  be 
fued  for  and  mitigated  as  by  the  laws  of  excife,  or  in  the  courts  at 
Wcftminfter ;  and  be  half  to  the  king,  and  half  to  the  informer  or 
profecutor.     24  G.  2.  c.  40./  33. 

52.  And  where  the  retailer  is  fent  to  the  houfe  of  corredion, 
the  commiffioners  fhall  caufe  rewards,  not  exceeding  5  /.  to  be  paid 
to  the  informers.      17  G.  2.  c.  \-j.  f.z\. 

53.  No  information  (hall  be  brought  againft  a  diftiller,  for  any 
falfe  or  mifentry,  or  offence,  but  within  three  months  after  the  of- 
fence committed;  and  notice  thereof  fhall  be  given  to  the  party  in 
writing,  or  left  at  his  dwelling  houfe,  within  a  week  after  laying 
the  information.      12^  13  W.  c.  11./  17. 

54.  And  the  commiffioners  fhall  caufe  all  foreign  excifable 
liquors,  feized  for  non- payment  of  duty,  or  for  being  prohibited 
to  be  imported,  to  be  publickly  fold,  after  condemnation,  to  the 
belt  bidder,  at  fuch  places  as  they  fhall  think  proper.  12  G. 
c.  28,  /  1. 

55.  And  all  ilills,  worm?,  and  ftill  heads,  and  other  vefTels  and 
utenfils  for  diftilling,  by  whomfoever  they  fhall  be  claimed,  fhall 
be  liable  to  arrears,     y  iff  JV.  r.  30.  /  1 3. 

36.  The  jufiices  within  the  hmits  of  the  head  office  of  excife 
in  London,  fhr.ll  once  in  every  month  tranfmit  to  the  clerk  of  the 
peace,  a  certificate  of  all  perfons  convided  before  them  for  any 
offences  againft  this  or  any  former  ad  relating  to  fpirituous  liquor?, 
or  for  licenfing  the  retailers  thereof;  who  fhall  keep  and  enter  the 
lame  among  the  records  of  the  court :  which  certificate  fhall  be 
evidence  upon  any  information  relating  to  Ipirituo.as  liquors. 
2A  G\  2.  f.  40.  /  2i. 


Power  of  the 
juAices, 


Reward  where 
no  penalty  is 
levied. 

Limitation  of 
a£Uon$. 


Sale  after  con- 
demnation. 


Vtenfils  liable. 


Conviftion  to  be 
kept  amongft  the 
records  0/  the 
fefficfis. 


Xr.  SM:ck 


I 


C]CClft*     (Stiirch^  &c.)  409 

XF.  Starch  ar.d  hair  "powder. 

I.  By  the  10  An.  c,  26.  and  12   In.  ft.  2.  c.  9.  For  all  ftarch  Duty  on  ftarch 
imported  ihall  be  paid  \d.  a  pound,    over  and  above  all  other  imported, 
duties. 

And  all  hair  powder  made  of  ftarch,  or  o'hcr  powder  that  will 
ferve  for  the  fame  ufcs  as  ibrch,  lijall  on  importauoj;  pay  the  fame 
duties,  as  foreign  ttarch  imported.      3  G    c.  4..  j.   i^. 

z.   And  by  the  faid  nas,  for  all  llarch  made  in  the  kingdom,  a  Duty  on  home 
duty  fhall  be  paid  of  3  </.  a  pjur.d.  ftarch. 

3.  For  the  managemert  of  which  duties  on  home  flarch,  the  officers  for  thefe 
CommifTicncrs  of  the  treafury    fhall  appoint  coinmifiioners,  who  duties, 
fhall  fubltitute  inferior  officers.      10  An.  c.  26.  /  9. 

3.  And  no  maker  of  llarch  (hall  fet  up  or  :ife  any  workhoufe,  Places  of  making 
florehoufe,  room,  or  other  pi -ce,  for  mailing,  drying,  or  keeping  ^° ''^  ^°"^'^' 
of  ilarch,  or  for  the  converting  or  keeping  any  flour,  meal,  or 
other  rnattrials  proper  to  be  made  into  fiarch,  or  ufe  any  fat, 
trough,  bov,  ftove,  utenfil  or  other  vefTel  for  making  of  ftarch  j 
without  notice  thereof  being  firft  f;iven  in  writing  at  the  next  of- 
fice for  the  faid  duties;  on  pain  of  50/.      10  a«.   c.  26.  J.  lo. 

And  all  flour,  meal,  and  0  her  marrrials,  found  in  any  private 
workhoufe,  or  other  place,  and  all  private  uteniils  and  vefTels  for 
making  or  keeping  Ibrch,  for  which  no  eniry  fhall  be  made,  or 
notice  given,  Ihail  be  forfeited,  or  the  value  thereof.  \o  An. 
c.  26.  f.  22. 

5.  And  the  officers  fhall  at  all  times  by  day  or  night,  and  if  in  Officers  to  enter 
the  night  in  prefence  of  a  confiable,  be  permitted  on  requeft  to  ^"'^  Purvey, 
enter  the  houf'e,  workhoufe,  warehoufe,  or  other  place  ufed  by 

any  maker  of  ftarch  ;  and  by  gaging  or  weighing  the  ftarch,  and 
gaging  the  boxes  and  other  utenfils,  or  othervvife,  to  take  an  ac- 
count of  the  quantity  ;  and  thereof  fhall  make  return  in  writing 
to  the  commiflioners,  leaving  a  true  copy,  if  demanded,  under 
his  hand,  with  the  maker;  and  if  he  fliall  not  leave  fuch  copy 
(after  demand  in  writing,  12  G.  c.  28.  /.  30.)  he  fhall  forfeit 
40J.     \o  An.  c.  26.  /.  14. 

6.  And  if  the  maker  fhall  obftr u<5l  fuch  officer  in  the  execution  Obftruiljng  the 
of  his  duty,  he  fhall  forfeit  20/.      \o  An.  c.  26.  /  18.  o'lhztu 

7.  The  maker  fhail  ufe  regular,  fquare,  or  oblong  boxes  only.  How  to  be  boxed 
for  baxing  and  draining  his  green  ftarch,  before  it  is  dried  in  the  in  making. 
ftove  ;  on  pain  of  10/.     4  G\  2.  r.  14.  /  i. 

8.  And  lie  fhall,  if  within  the  bills,  give  12  hours,  elfewhere  Notice  of  boxing, 
24  hours  notice  m  writing  to  the  officer,  of  his  intention  to  put 

any  green  ftarch  into  fuch  boxes ;  on  pain  of  20  /.  And  he  fhall, 
within  two  hours  after  fuch  notice  fhall  have  been  given,  begin  to 
.  box  it,  and  fo  continue,  that  the  officer  may  have  a  gage  of  the 
Vvhole;   on  pain  of  20/.     4  G\  2.  c.  14.  /  i. 

9.  And  if  the  charge  be  made  by  gaging  it  before  it  be  dried  Gaging  in  the 
in  the  ftove ;  then  every  box  of  green  fiarch,   or  ftarch  before  it  boxes. 

be  dried,  containing  57  inches  in  length,  and  10  inches  in  breadth, 
|nd  eig^ht  inches  i;i  depth,  qr  m  the  whole  4560  folid  inches,  fhall 

be 


41  o  €Xtiit.     (St. ink  &cc) 

he  efteemed  1 3 1  pounds  at-crJupoiiy  of  Harch  dried  and  perfct^I/ 
made,      i  G.  ji.  i.  c.z.  f  6. 
Scaltsand  10.  And  the  maker  ftiall  keep  fcales  and  weights  at  the  place 

xvcightj.  where  he  makes  his  ftarch,  and  permit  and  affilT:  the  officer  to 

make  ufe  thereof;  on  pain  of  10/.     \o  Jr..  c.  26.  /  i6. 
Removing  before       ii.  No  maker  of  flarch  fhall  (on  pain  of  20/.)  remove  any 
fcrvejed.  flarch,  of  which  no  account  hath  been  taken  by  the  officer,  from 

the  place  wliere  it  was  made ;  wi'nout  giving  to  the  officer  wichin 
the  bills  24  hours  notite,  and  elfcwhere  two  days  notice.  10  An. 
r.  26.  /  19. 

And  by  4  G.  2.  c.  14.   If  he  fhall  remove  any  ftarch  after  it  is 
dried,  out  of  the  ftove  or  drying  place,  before  it  has  been  weighed 
and  taken  account  of  by  the  officer;  he  fiall  forfeit  50  /.  /  2. 
Coacesling.  j^    jf  ^^y  officer  of  the  duties  upon  ibrch  or  of  the  cuftoms, 

fiisll  have  any  caufc*  to  fufpedl  that  ftarch  is  privately  making  in  any 
place,  or  concealed  ;  then  upon  oath  m:;de  before  any  commif- 
fioner  or  juftice  refiding  near,  fetting  forth  the  ground  of  his  fuf- 
picion,  fuch  commiffioner  or  juftice  may  iffue  his  warrant,  to  au- 
thorize fuch  officer  by  clay  or  night  (bat  if  in  the  night,  in  pre- 
fence  of  a  conitable)  to  enter  fuch  fuipeded  place,  and  feize  and 
carry  away  the  fame,  with   the  materials,  as  forfeited,  together 
\^ith  the  boxes  and  other  thing:  containing  it :  and  unlefs  the  party 
make  it  appear  that  the  duty  has  been  paid,  he  (hall  forfeit   50/. 
and  if  any  perfon   obftru(^t  the  onicer,    he  fhall  forfeit   100/. 
4  G.  2.  f.  14. /4.     23  G.  2.  c.z\.  f.  '}y\. 
Officer  to  charge      13.  The  officer  fhall  be  permitted  to  take  ar.  account  of  the 
for  materials      quantities  of  flour,  meal,  and  other  material^  uropcr  to  be  made 
*''*'^^8*  into  flarch,  that  fhall  be  in  the  pofTeffion  of  :/.e  maker;  and  if  he 

fhall  mifs  any  fuch  materials,  which  he  I.?d  taken  an  account  of 
the  laft  time  he  was  there,  and  fhall  not  on  reafonabie  demand, 
receive  fatisfadlion  what  is  become  thereof,  he  may  charge  the 
maker  with  fuch  quantity  of  llarch,  as  fuch  materials  fo  nuffiiig  in 
his  judgment  would  leafonably  have  made,  not  exceeoing  25 
pounds  weight  of  itaich,  for  every  buftiel  of  fuch  ingredients 
mixed  or  unmixed.  10  An.  c.  26.  /  17. 
Stare^i  unfur-  1 4.  The  maker  fhall  keep  all  ftarch  hy  him  m^ide  and  not  fu.'- 

veyed  to  be  kept  veycd,  feparate  from  other  ftarch  wh^ch  hath  been  furveyed,  for 
fejiaraie.  ^^  hours  after  making  within  the  bil's,  asid  for  two  days  elfe- 

where,  unlefs  it  fhall  be  fooner  furveyed ;  on  pain  of  5  /.     10  /.n. 
c.  26.  /.  20. 
Entry  of  flarch       ^5-  The  maker  within  the  bills  fhall  monthly,  and  elfewhere 
BJade.  every  fix  weeks,  make  entry  in  writing  at  the  next  office,  of  all 

the  ftarch  by  him  made,  fetting  forth  the  weight,  and  how  much 
was  made  at  each  time  ;  on  pain  of  qo  /.  Which  entry  fliall  be 
en  oath  of  the  maker  or  his  chief  workman,  according  to  the  heft 
of  his  knowledge  and  belief,  before  fuch  officer  as  Ihall  be  ap- 
pointed by  the  commiffioners  within  the  bills,  and  tUcwhtre  be- 
fore the  coHeflor  and  fupervifor.     10  An.  c.  26.  f.  \\. 

But  he  ftiali  not  be  obliged  to  go  further  to  make  entry,  than  to 

the  next  market  town.     /"  12. 

Payment  of  the       ,5    'fhe  maker  within  the  bills  ftiall  within  four  weeks,  and 

duties.  felfewhere  within  fuc  weeks  after  entry,  clear  oiF  the  duties;  on 

1  pdia 


extift*     (Starch,  &c.)  411 

pain  of  double  duty :  And  no  maker,  after  default  in  payment, 
ihall  fell  or  deliver  out  any  ftarch  until  he  hath  cleared  off  the  du- 
ty;  on  pain  of  double  value,     lo  Jn.  c.  26.  /.  13. 

17.  Cocquets  granted  for  fhipping  ftarch,  to  be  landed  in  any  Carrying  it  coaft- 
other  part  of  the  kingdom,  fhall  exprefs  the  quality,  quantify,  and  ^''^' 
weight,  the  mark  of  the  package,  and  by  whom  made  and  fold, 

and  where  configned  ;  and  if  (hipped  without  fuch  cocquet,  it  fhall 
be  forfeited  and  feized,  together  with  the  package.  23  G.  2. 
c.zi.  /.  zg. 

18.  No  ftarch  ftiall  be  imparted  otherwife  than  in  fome  package  Importation  and 
containing  at  leaft  224  pounds  of  neat  ftarch,  and  ftowed  openly  exportation. 

in  the  hold;  on  pain  of  being  feized  and  forfeited,  together  with 
the  package,  and  the  matter  of  the  veilel  to  forfeit  50/.  23  G.  2. 
<•.  21.  /  27. 

But  on  information  brought  againft  fuch  mafter,  he  may  detain 
the  wages  of  the  mariners,  till  it  be  determined  ;  and  if  it  ftiall 
appear,  that  the  ftarch  was  put  on  board  by  any  mariner  without 
the  mafter's  knowledge,  the  mafter  may  apply  the  wages  of  fuch 
mariner  in  payment  of  the  forfeiture.     26  G.  2.   r.  32.  /.  8. 

And  the  officers  of  excife  (in  like  manner  as  the  officers  of  the 
cuftoms)  may  go  on  board  any  veflTel,  and  fearch  for  and  feize  all 
ftarch  forfeited,  together  with  the  package  j  and  they  may  like- 
wife  feize  fuch  as  before  entry  and  payment  of  duties,  iball  be 
found  unshipping  or  unftiipped.     23  G.  2.  c.  z\.  f.  28. 

Starch  that  hath  paid  the  duties  may  be  exported;  and  the  duties 
fhall  be  drawn  back.     10  Jn.  c.  26.  /  25,  26,  27. 

But  no  drawback  (hall  be  allowed  on  the  exportation  of  any  fo- 
reign ftarch  imported.     23  G.  2.  c.  21.  /  36. 

And  the  officers  of  excife  or  cuftoms  may  feize  any  ftarch  or 
hair  powder,  with  the  horfes  and  package,  where  they  have  g^od 
reafon  to  fufpeft  that  it  hath  beei  privately  maoe,  or  imported 
without  payment  of  duty,  or  relanded  after  drawback;  :nd  fliall 
in  ten  days  exhibit  an  information  before  three  comnuiiioner  of 
excife,  or  two  juftices  near  where  the  feizure  is  made;  and  if  the 
party  doth  not  ma'o  it  appear  that  the  duty  hath  been  paia  it  fhall 
be  forfeited  together  with  the  horfes  and  package,  an  i  the  offen- 
der fhall  likewife  forfeit  5  /.  for  every  hundred  weight.  4  G.  2. 
c.  14.  /.  3. 

And  by  the  23  G.  2.  c.  zi.  it  is  enafVed,  that  the  faid  ofHcers 
may  feize  any  ftarch,  with  the  package,  that  .liall  be  found  ir.  any 
veflTel,  cart,  or  other  carriage,  where  they  ftiall  have  good  reafon 
to  believe  that  the  fame  was  made  in  fome  pri .ate  workhoufe,  or 
dandeftinely  imported,  or  relanded  after  drawback :  and  if  the 
party,  at  the  hearing  of  the  ii.formauon,  fhall  not  make  it  appear 
that  the  duty  hath  been  paid  or  fecured,  he  fhall  forfeit  q/.  for 
every  100  pounds  weight,  and  alio  the  goods  and  package  fhall  be 
forfeited.    /.  30. 

And  if  any  foreign  ftarch  fliall  be  unftiipped,  with  intention  to 
be  laid  on  land  before  entry  and  payment  of  the  duties,  or  fhall 
be  landed  again  after  (hipping  for  expo  tation  on  debenture  ;  the 
fame,  together  with  the  package,  vefTeJs,  boats,  iiorfes,  and  other 
carriages,  ufed  in  Und^ng  or  conveying  the  fame,  ftiall  be  forfeit- 
ed. 


412  €Xtitt     {Starch,   &c) 

e<1,  and  may  be  feized  by  aay  officers  of  the  ciifloms  or  exclfe ;  i 
and  the  pcrl'ons  from  whom  the  fane  ihall  be  ftizcd,  (hall  ioifeit 
5  /.  for  every  hundred  weight.      23  CP.  z.  f.  21.  /  31. 

And  if  any  penon  Ihall  knowingly  harbour  or  conceal  any 
ftarch  unlawfully  imported,  or  relanced  after  ihipping  for  expor- 
tation upon  debenture ;  he  ihall,  whether  he  claitiis  any  propeny 
therein  or  not,  forfeit  50/.  for  every  hundred  weight,  together 
with  the  goods  and  package.     23  G.  2.  r.  21.  /  32. 

And  where  any  fuch  Itarch  Ihall  be  feized  as  forfeited,  and  no 
perfon  fhall  claim  the  fame  in  20  days,  if  it  is  within  the  lim'ts  of 
the  chief  office  of  excife  in  L:?nk>t,  the  officer  who  mide  the  fci- 
zure  may  caufe  notice  figned  by  the  folicitor  of  excife,  to  be  af- 
fixed at  the  Roynl  Exchange,  of  the  time  of  proceeding  to  trial 
and  condemnation  of  the  fame  by  the  commifnoners  of  excife  ; 
and  if  it  is  out  of  the  faid  limits,  then  publick  notice  fliajl  be 
given  by  proclamation,  at  the  next  market  town,  on  the  market 
day,  next  after  the  faid  20  days,  of  the  day  and  place  where  the 
juftices  will  proceed  to  trial  and  ccndemnation  tiiereof:  And  the 
judgment  thereon  Ihall  not  be  liable  to  appeal,  nor  be  removed  by 
certiorari.  z^G.  z.  c.  21.  /.  ■7,^. 
Making  of  hair  ig.  No  perfumer,  peruke  maker,  barber,  or  dealer  in  hair 
powder.  powder,  fhall  make,  ufe,  or  offer  to  fale,  any  powder  made  of  or 

mixed  with  alabafter,  talke,  plaifter  of  Paris,  whiting,  lime,  or 
other  thing  of  the  like  nature  (fweet  fcents  only  excepted) ;  on 
pain  of  forfeiting  the  fame,  and  50  /.      12  A'n.  Ji.  2.  c.  9.  /  zo. 

And   by  tke  4  G.  2.  c.  14.   If  any  maker  of  hair  powder,  or 
other  fuch  perfon,  fhall  mix  any  powder  of  alabafter,  plaifter  of 
Paris,  talke,  chalk,  whiting,    lime,  or  any  other  n»aterial   (rice 
firft  made  into  ftarch,  and  fweet  fcents  only  excepted)  with  any 
ftarch  or  powder  of  ftarch  to  be  made  ufe  of  for  making  of  hair 
powder,  and  (hall  make  any  hair  powder  with  any  the  faid  ma- 
terials, or  any  other  material  except  ftarch  or  powder  of  ftarch, 
or  of  rice  (irft  made  into  ftarch,  and  fhall  ufe,  fell,  or  offer  to  fell 
any  hair  powder  fo  mixed  or  made  ;  he  (hall  forfeit  the  fame,  and 
20  /.    /  5. 
Place?  of  making      20.  Every  maker  of  hair  powder  fliall  make  entry  in  writing 
hair  powder  to     ^j.  ^j^g  ^^^^  excife  office,  of  his  place  of  abode,  and  of  his  work- 
houfe  or  other  place  made  ufe  of  for  making  hair  powder ;  on 
pain  of  20  /.     4  G.  2.  c  14.  /  6. 
Officer  to  enter        21.  And  the  officer,  in  the  day  time,  on  bis  requeft,  may  enter 
the  fan.e  and      places  ufed  for  making  hair  powder,  and  the  (hops  of  perfumers, 
lurvey.  peruke  makers,  barbers,  and  other  fellers  or  dealers  in  hair  pow- 

der, and  examine  the  fame,  and  carry  away  famples,  paying  a 
reafonable  price  for  the  fame.     4  G.  2.  f.  14.  /  7. 

And  if  f.ch  ftarch  maker  or  dealer  (hall  not  on  requeft  fufFer 
him  to  enter,  and  examine,  and  take  famples  (on  offering  to  pay 
the  common  price)  ;  he  fhall  forfeit  20/.  id.  f.  9. 
Perfon  having  in  22.  And  if  any  ftarch  maker,  or  dealer  in  hair  powder,  fhall  have 
his  portenicn  Jn  his  pofTefTion,  for  making,  mixing,  or  counterfeiting  hair  powder, 
materials  for  any  alabafter,  plaifter  of  pari?,  talk^  chalk,  whiting,  lime,  or  other 
adulterating  liair       -^      .  ,   ,     r  j      ,->       1  ,        / -i       J  r   ■       ^  ,1        j     ■   .„ 

rowder.  material,  befides  ftarch,  or  powder  of  ftarch,  or  of  rice  hrlt  made  into 

ftarch  i  he  fhall  forfeit  the  fame,  and  10/.     4  G.  2.  r.  14.  /.  8. 

z\.  AU 


\ 


I 


€%tiU.    (Wire.)  413 

23.  All  the  fatd  forfeitures  fhall  be  fued  for,  levied  and  mitiga-  Power  of  the 
tev^,  as  by  the  laws  of  excife,  or  in   the  courts  at  Wtjiminjhr  ;  pft'ccs* 
and  be  diftributed  half  to  the  king,  and  half  (and  on  the  lo  An. 

c.  26.  half  with  full  cofts)  to  the  profecutor.  lo  An.  c.  26.  /  29. 
24  G.  2.  f.  40.  /  33. 

24.  And  where  any  ftarch  ftiall  be  feized  for  non-payment  of  Proof  to  lie  on 
duties,  or  non-entry,  and  it  fhall  be  difputed  whether  fuch  pay-  theclaimer. 
ment  or  entry  were  made  or  not ;  the  proof  Ihall  lie  on  the  claimer, 

and  not  on  the  officer.     23  G.  2.  c.  2\.  f.  34. 

25.  And  if  the  party  is  not  fatisfied  with  any  judgment  of  the  Appeal, 
juftices,  on  the  aft  of  23  G.  2.  r.  21.  abovementioned,  he  may 
appeal  to  the  next  quarter  feffions  (except  in  the  cafe  beforemen- 
tioned,  where  no  perfon  fhall  claim  the  goods  feized.)  /.  36. 

26.  And  the  mitigation  on  the  faid  aft  of  23  G.  2.  fhall  not  Mitigation, 
reduce  the  penalty  to  lefs  than  a  fourth  part,  over  and  above  the 
charges.    /  37. 

27.  And  all  ftarch,  materials,  and  utenfils,  in  cuftody  of  the  Utenfils  liable, 
maker,  or  of  any  perfon  to  his  ufe,  fhall  be  liable  to  all  arrears  of 

the  duty,  and  penalties;  and  fuch  proceedings  may  be  had  there- 
upon, as  if  the  debtor  or  offender  were  the  lawful  owner.  lo^An. 
c.zb./.z^. 

WI.  Wire. 

1.  No  foreign  embroic^ery,  or  gold  or  filver  brocade,  thread,  Importing  of 
lace,  fringe,  or  work  made  thereof,  or  of  copper,  brafs,  or  other  ^"^'* 
inferior  metal,  or  gold  or  filver  wire  or  plate  fhall  be  imporred. 

«5  G.  2.  c.  20.  /  7.     22  G.  2.  c.  36.  /  I. 

2.  For  all  gih  wire  made  in  Great  Britain  fhall  be  paid  a  duty  Duty  on  home 
of  %d.  an  ounce;    for  filver  wire  6//.  an  ounce,    troy  weight,  wire. 

10  A71.  c.  26.  /  46. 

3.  And  the  commifTioners  of  the  treafury  fhall  appoint  commif-  Officers  forthefc 
fioners  for  thefe  duties,  who  Ihall  fubftitute  inferior  officers.   10  An.  duties. 

c.  26.  /  48. 

4.  And  every  perfon  who  fhall  draw  any  gold  or  filver  wire  Places  of  making 
into  fuch  wire  as  is  commonly  called  big  wire,  fhall  firfl  give  no-  ^o  ^^  entred. 
tice  in  writing  at  the  next  office  for  the  faid  duties,  of  his  name 

and  place  of  abode,  and  where  he  intends  to  work ;  on  pain  of 
20  /.  And  no  refiner,  wiredrawer,  or  other  perfon,  fhall  draw 
any  gold  or  filver  into  fuch  big  wire,  at  any  place  other  than  fome 
common  bar  houfe  to  be  approved  of  by  the  commiffioners ;  on 
pain  of  20/.     10  Ati.  c.  26.  /  49. 

And  all  gilt  and  filver  wire,  and  bars  for  making  it,  which  fhall 
be  found  in  any  private  workhoufe,  and  all  private  utenfils  for 
barring  or  drawing  it,  of  which  notice  hath  not  been  given,  fhall 
be  forfeited  and  feized,  or  the  value  thereof  recovered.  10  An. 
c.  26.  /  59. 

<;.  And  the  officer  fhall  at  all  times,  by  day  or  night,  and  if  in  Officer  to  enter 
the  night  in  prefence  of  a  cor.flable,  be  perm.itted  on  his  requefl  ^"'^  '"rvey. 
to  enter  the  bar  houie,  workhoufe,  or  other  place  ufed  for  making 
of  fuch  wire,  and  take  an  account  of  the  weight,    and  thereof 
inike  return  in  writing  to  the  commiffioners,  or  to  whom  they 

ihall 


414 


excite.     {Wire) 


Obftsuaing  the 
otficer. 

Scales  and 
wdghts. 

Ingots  to  be 
weighed. 


Allowance  for 
wafte. 


Removing  before 
fuiveyed. 


Wire  unfurveyed 
to  be  kept  fcpa- 
zate. 

Concealing. 


Entry  of  wire 
made. 


Payment  of  the 
duty. 

Exportation. 


Power  of  the 
jufticts. 


Utenfils  liable. 


fliall  appoint,  leaving  a  copy  thereof,  if  demanded,  with  the  ma- 
ker ;  and  if  he  fhall  refufe  to  leave  fuch  copy  (after  demand  ia 
writing,   12  G.  c.  28.  /.  30.)  he  Ihall  forfeit  40/.     10  An.  c.  z6, 

/52. 

6.  And  if  any  foch  maker  ihall  obftruft  the  officer,  in  the  ex- 
ecution of  his  office,  *he  (hall  forfeit  20/.      lo  An.  r.  26.  /  55. 

7.  And  the  maker  fhall  keep  weights  and  fcales  at  the  place  of 
making  the  wire,  and  permit  and  affift  the  officer  to  weigh ;  on 
pain  of  10/.      10  An.   c.  26.  /  54. 

8.  Every  ingot  or  bar  of  filver,  defigned  for  gilt  wire,  ftiall  be 
weighed  in  the  prefcnce  of  the  excife  officer,  who  attends  the 
forge  where  they  are  made,  before  they  be  covered  with  gold ; 
and  ihall  be  weighed  in  prefence  of,  and  marked  by  the  faid  offi- 
cer, after  the  gold  is  laid  on  :  and  on  refufal  to  admit  the  officer, 
the  refiner  or  maker  ihall  forfeit  20  /.  half  to  the  king,  and  half 
to  him  that  fhall  fue,      15  G.  2.  c.  20.  f.  8,  9. 

9.  If  the  officer's  charge  be  made,  by  taking  the  weight  of  the 
gold  and  filver  in  big  wire  at  the  bar  houfe,  an  allowance  of  one 
fifth  part  fhall  be  made,  in  confideration  of  the  wafte,  in  reducing 
the  fame  to  fmall  wire.     10  An.  c.  26.  /  53. 

10.  No  wire  drawer  ihall  (on  pain  of  40/.)  remove  any  gilt  op 
filver  wire,  of  which  no  account  hath  been  taken,  from  the  bar 
houfe  or  place  of  making,  without  giving  to  the  officer  24  hours 
notice.     10  An.  c.  26.  /  56. 

1 1 .  Wire  not  furveyed  ihall  be  kept  feparate  from  that  which 
hath  been  furveyed,  for  24  hours  after  making,  unlefs  it  fhall  be 
fooner  furveyed  ;  on  pain  of  10  A     10  An.  c.  26.  /.  57. 

1 2.  If  the  maker,  or  he  for  whom  it  is  made,  fhall  conceal 
any  wire,  or  bars  of  filver  prepared  for  making  it ;  he  fhall  forfeit 
20/.     10  An.  c.  26.  /  §8. 

I  3.  The  maker  fhall  once  in  every  month  make  entry  in  wri- 
ting at  the  next  office,  of  all  the  wire  by  him  made,  fetting  forth 
the  weight,  and  kinds,  and  how  much  was  made  in  each  week ; 
on  pain  of  1 00  /.  Which  entry  fhall  be  made  on  the  oath  of  the 
maker,  or  his  chief  workman,  to  the  beft  of  his  knowledge  and 
belief,  to  be  adminiftred  by  the  officer.     10  An.  c.  26.  /  50. 

14.  And  the  duty  fhall  be  cleared  off  in  fix  weeks  after  entry, 
on  pain  of  double  duty.     10  An.  c.  26.  /  $  i. 

15.  If  any  perfon  fhall  export  any  gold  or  filver  thread,  or 
laoe,  or  fringe  made  of  plate  wire  fpun  upon  filk,  he  fliall  have  a 
drawback  after  the  rate  of  5  x.  a  pound  avcrdupoi.,  of  fuch  filver 
thread,  lace,  or  fringe,  and  of  6  j.  8  </.  a  pound  of  fuch  gold 
thread,  lace,  or  fringe.      10  An.  c.  26.  /  62. 

1 6.  All  the  powers  of  the  excife  laws  fhall  be  in  force  for  ma- 
naging thefe  duties :  and  the  penalties  and  forfeitures  (not  herein 
othervvife  direfted)  fhall  be  fued  for,  levied,  and  mitigated,  as  by 
the  laws  of  excife,  or  in  the  courts  at  iVcfimhiJltr ;  and  be  em- 
ployed, half  to  the  ufe  of  the  king,  and  half  to  him  that  Ihall 
inform  or  fue.      10  An.  c.  26.  f.  64.     24  G.  2.  c.  40.  /  33. 

17.  And  all  fuch  wire,  materials,  and  utenfils,  in  cultody  of 
any  maker,  or  other  to  his  ufe,  fliall  be  liable  to  the  duties 
and  peualticij  and  fuch  procc.'Jings  may  be  had  ths.'-eupon,  as 

if 


i 


i| 


r"  Aich  debtor  or  offender  were  the  lawful  owner.     10  An.  e.  26. 

'  J.  ■  , 

For  regulations  concerning  the  true  making  of  gilt  and  filver 
wire  (which  do  not  belong  to  this  place)  fee  the  act  of  t  5  G.  2. 
c.  20. 

And  for  prohibiting  the  felling  or  working  up  of  foreign  gold 
or  filver  lace  or  thread,  fee  the  22  G.  2.  c.  36. 

Information  againft  an  aiehoufekeeper  for  arrears. 

Weftmorland.  "f^  E  it  rcmemhred,  that  th'.s  •  day  of        ■     « 
JO    in  tkc  "             year  of  the  rctgn  of  his  ma- 
yfly king  George  the  fccond  that  noiv  is,  at in  the  f aid  county ^ 

A.  I.  gentleman^  in  his  proper  perfofi^  as  ijcdl  for  his  faid  majcjl%\ 
as  for  himftlf  exhibiteth  to  us  A.  P,  and].  P.  efquires,  tiuo  of  his 
/aid  majejiys  juflices  of  the  peace  for  the  faid  county,  refding  near  to 
the  place  ijuhere  the  forfeiturs  herein  after  mentioned  ivas  made,  a 
tomplaint  and  informaticn,  cr.d  thereby  i^fcrmeth  its,  that  at  feiierat 
times  hetiveen  the  •<  day  of  "  and  the    •  day  of 

•     •  both  tioiu  lafi  pajl,  at aforefaid  in  the  faid  county, 

one  A.  O.  at  a  common  alchouje  then  and  there  bt longing  to  and  ufed 
by  him,  did  bre-iv  the  federal  and  rcfpeSli've  quantities  of  beer  and  ale 
herein  aftermentiojied ;  that  is  to  fay,  30  barrels  of  frovg  beer  and 
of  ft  rang  ale,  each  above  6  s.  the  barrel;  and  60  barrels  of  fmall 
beer,  not  exceeding  6  s.  the  barrel',  and  that  the  faid  A.  O.  at  and 
during  the  rcfittii<ue  time  and  times  of  brewing  the  faid  beer  and  ale , 
and  of  enjcry  part  thereof,  tvas  and  yet  is  a  common  aiehoufekeeper  ; 
and  that  there  did  thereby  accrue  and  become  due  to  his  faid  majejiy 
from  the  faid  A.  O.  for  the  faid  bter  and  ale  fo  by  him  b reived  as 
aforefaid,  certain  rates,  duties,  and  fums  of  money,  amounting  in  the 

nvhole  to  the  fum  if of  luniful  money  of  Great  Britain ; 

ivhich  faid  rates,  duties,  and  fums  of  money  fo  accrued,  cr  any  part 
thereof,  the  faid  A.  O.  hath  not  paid  or  cleared  off,  to  or  for  tht 
life  of  his  faid  tnajefly,  nvithin  a  ?nonth  next  after  he,  according  to 
the  ftatute  in  that  behalf  made,  did  make,  or  ought  to  hanje  made 
his  entry  or  entries  of  the  faid  beer  and  ale  fo  by  him  there  breived  as 
afgrefiid,  or  of  any  part  thereof,  or  at  any  time  f  rice  ;  but  the  fame 
yet  remain  nvholly  due  and  unpaid,  contrary  to  the  form  of  the  Jiatute 
in  fuch  cafe  made  and  provided;  ^whereby  the  faid  A.  O.  hathfor- 
f tiled  double  the  'value  of  the  faid  rates,  duties,  and  fums  of  money 
remaini>:g  ujipaid,  as  aforefaid;  that  is  to  fay, of  like  mo- 
ney; and  thereupon  the  faid  A.  I.  ^':ho  as  nvell  for  his  faid  tnajefly, 
as  for  himfelf,  exhibiteth  this  information,  prays  the  judgment  of  us 
the  faid  juflices  in  the  premijfes,  and  that  he  haiie  one  moiety  of  the 
faid  forfeiture,  accordir.g  to  the  form  of  the  flatute  in  fuch  caff 
made ;  and  that  the  faid  A.  O.  may  be  fummoned  to  anflnjuer  the  pre- 
mlffes  before  us  the  faid  juflices. 


Summons 


41 6  emit. 


Summons  on  the  foregoing  Information. 

To  Mr.  A.  O.  alehoufekeeper. 

Wcllmorlar.d.  IT/E  J.  P.  ^»</  K.  P.  efquires^  tvjo  of  his  ma- 
VV    j'/^f'j"/'^"^  of  the  peace  for  the  fit  d  county  cf 
>         •    '  do  hereby-  give  yon  notice,  that  A.  1.  gei!fle?nan,  hath  ex- 
hibited before  t.s  an  information  againjl  you  for  thefum  of- 


being  double  the  'value  of  certain  duties  of  excije  of  beer  and  ale  Ly 
you  breived,  the  Jingle  duties  luhereof  (as  he  alledgeth)  you  oug  ht 
long  fnce  to  hanjc  paid,  but  hanje  negh£lid  fo  to  do  :  Yen  are  there- 
fore hereby  required  to  appear  before  us  at  the  hcife  of'  •••  ■  at  the 
ftgn  of  the  •     •  in         ■    '    in  the  /aid  county,  on  the  >  day 

of————  noiv  next  enfuing,  at  '    •'  of  the  clock  of  the  forenoon 

of  the  fard  dny,  then  and  there  to  anfiver  to  the  fatd  informaticn. 
And  if  you  f>all  negleSl  fo  to  do,  ive  Jhall  proceed  as  if  you  ivere 
perfcnally  prfent.  Andijve  do  further  authorize  arid  require  Mr.  A.  E. 
officer  of  excife,  or  any  other  officer  cf  excife,  to  ferfe  this  our  fum- 
tnons,  and  to  attend  us  at  the  time  and  place  lajl  mentioned,  then  and 
there  to  make  a  return  thereof  to  us  the  faid  juftices.     Cinjen  under 

our  hands  cndfals  at  ■■    in  the  faid  county,  the day  of 

■  in  the  year  of  the  reign  of  his  faid  jnajejiy  king 

George  the  fecond. 

Note ;  The  officer  who  fliall  ferve  the  fummons,  ought  not  to" 
be  the  informer  or  profecutor,  for  this  obvious  reafon,  becaufe 
that  he,  being  intitled  to  a  fhare  of  the  forfeiture,  is  not  a  proper 
witnefs  to  proi'c  fuch  fervice  ;  for  that  would  be  admitting  him  to 
fwear  for  himfelf  in  his  own  caiife,  which  is  abhorrent  from  the 
nature  of  our  laws. 

Informa':Ion  agalnft  a  maltfter  for  concealing  a  quan- 
tity of  malt. 

Weftmorland.  T)  E  it  remcmbred,  that  this         •  •    day  of  ■     ■  •• 
JLj   in  the  •  year  of  the   reign   of  his  ma- 

jejly  king  George  the  fecond,  at ■  in  the  faid  county,  A.  I. 

gentleman,  in  his  proper  perfon,  as  njoell  for  his  faid  majefly  as  for 
himfelf,  exhibiteth  to  us].  P.  andJL.  P.  efquires^  iivo  of  his  faid 
majefy  s  juflices  of  the  peace  for  the  faid  county,  rejiding  near  to  tht 
place  'where  the  offence  herein  after  mentioned  luas  conimittedf  as  is 
alledged,  a  complaint  or  information,  and  thereby  informeth  us,  that 

A.  O.  of /«  the  faid  county,  during  three  rnonths  nonu  laji  pajl 

and  longer,  having  been  and  continued  to  be,  and  yet  being  a  maltjier 
and  7naker  of  malt,  and  not  having  compounded  for  the  duties  of  the 
malt  herein  aftermentioned,  he  the  faid  A.  O.  luithin  three  months 

tiovj  laf  paj},  at in  the  faid  county,  did  fraudulently  hide,  con' 

ceal,  and  convey  aivay  malt  bv  him  made,  that  is  to  fay,  I  2  bujheh 
of  malt  fo  by  him  made  as  afrfaid,  from  the  fight  and  vievj  of  one 
A.  E.  being  at  the  fetid  time  of  the  Jaid  hiding  and  concealing  there- 
of ^  and  long  before ^  and  ever  fince^  the  gager  appointed  to  take  an 

acannt 


€%citt.  417 


recount  of  the  fame,  and  then  and  there  endeavouring  to  take  fuch 
iucount ;  ixhich  hiding,  concealh'g,  and  conveying  aivay  as  afore faid, 
iire  contrary  to  the  form  of  the  ft.  tute  in  fuch  cajc  made  and  provided: 
Whereby  he  the  faid  A.  O.  fr  every  bujhel  of  the  faid  malt  fo  hid 
end  concealed,  hath  for  fit  cd  10  s.  cf  laii.  Jul  money  ij/  Great  Britain, 
amounting  in  the  nahole  to  6  1.  of  tike  rr.cne^f.  And  tho  tupon  tht  fxid 
A.  I.  vjho  as  iv  ell  for  his  /aid  mcj.fty  as  for  himfelf  exhibiteth  this 
information,  prays  the  judgment  of  us  tht  faid  juftices  in  the  p^f- 
tniffes,  and  that  he  may  hc.ve  one  moiety  of  thi  fid  forfeiture,  ac- 
cording to  the  form  of  the  Jlatut,  if  juch  cafe  made ;  and  thpt  the 
Jaid  A.  O.  may  he  fummoned  to  anfvjer  the  faid prcmiffcSy  before  us 
the  faid  jujiices. 

Summons  on  the  foregoing  information. 

Weftmorland.  j  To  Mr.  A.  O.  maltfter. 

WE  J.  P.  and  K.  P.  ef quires,  t^'b  of  his  majcffs  juficet  of 
the  peace,  for  the  county  aforefa'd,  do  hereby  giiie  you  notice^ 
that  A.  I.  genthman,  hath  exhibited  before  us  an  information  againjl 
you  for  the  penalty  rf  6\.  b^  ycu  forfeited,  for  hiding,  concealing, 
and  conveying  aicay  i  2  bujhels  of  malt ,  from  the  fight  and  vie^v  of 
the  gager  appointed  to  take  an  account  of  the  fume,  agcAvf  the  form 
of  the  fiatute  in  fuch  cafe  made  :  Tou  are  therefore  hereby  required 
to  appear  before  us,   at  the  houfe  of  at  the  fign  of 

in in  the  faid  county,  on  the ■  day  of  — — ■  novi 

next  evfuing,  at  the  hour  of /;/  the  forenoon  of  the  fame  day, 

then  and  there  to  anf-wer  to  the  faid  it  formation.  And  if  you  negle£i 
fo  to  do,  iK-e  fhall  proceed  as  if  you  vcere  perfonally  prefent.  And  vje 
do  further  authorize  and  require  Mr.  A. ^  oficer  of  excifc,  or  any 
other  officer  of  excife,  to  ferve  this  our  fu/i.mcns,  and  to  attend  us  at 
the  time  and  place  lafi  mentioned,  then  and  there  to  make  a  return 
thereof  to  us  the  faid  juftices.      Given  under  our  hands  and  Jeals  at 

"      — —  in  the  [aid  county,  this dty  of  in  tht     • 

year  of  the  reign  rf  his  faid  m^yefy  king  George  the  fecond. 

Summons  to  give  evidence. 

Weftmorland,  \  To  A.  W.  of — i— .yeoman. 

WHEREAS  ive  ivhofe  hands  and  feats  are  hereunto  fet,  he- 
ing  tvjo  of  his  mrjefifs  jujHcts  cf  the  peace  in  and  for  the 
faid  county,  have  received  itif or m.ation,  thai  A.  O.  cf        — -^in  the 

faid  county,   alehoufekeepcr,   did  on  the  •     djy  of nonv 

lajl  pajl,  brevj  and  fell  ale  and  beer^  and  hath  not  made  entry 
thereof  according  to  the  fiatute  in  that  h-.half  made  ;  and  that 
you  the  faid  A .  W.  are  a  material  voitncfs  to  be  examined  concerning 
the  fame :    Thefc   are  therefore  to  require  you  to  appear  before  us  at 

the  houfe  cf i— i  at  the  fign  of  the ^  in  the  faid  county,  oit 

the :;.  i/ay  of  ■■  novi  next  enfuing,  at  tht  hour  of  ■     • 

in  the  frenoon  of  the  fame  day,  to  tefify  your  knovjUdge  concerning 
V  0  L.   r.  £  e  the 


41 8  €%titt. 


the  premijfes.     Herein  fuil you  not.     Gi'ven  under  our  hands  andfealt 

at •  in  the  faid  county ^  the day  of in  the  ■ 

year  of  the  reign  of  his  Jaid  majefy  king  George  the  fecond. 


A 


Judgment  againft  the  defendant. 

T  the  time  and  place  appointed  by  our  Jummons  on  the  informa- 
tion nuithin  v.ritten  ;  that  is  to  fay,   this  — — — —  day  of 
n  the       ■  -  ■  'year  of  the  reign  of  our  Jovereign  lord  king 


George  the  fecond,  at in  the  county  of  •  ivithin  men- 
tioned;  the  ivithin  named  defendant  A.  O,  appear eth,  and  pleadeth 
that  he  is  not  guilty  of  the  cjfcnce  n.vithin  mentioned;  but  upon  a  due 
and  full  hearing  of  the  proofs  made  in  and  concerning  the  prcmij/es, 
lue  do  conn)i£l  him  thereof :  [Or, — fujjicient  proof  being  made  before 
us,  that  the  ix-ithin  named  defendant  A.  O.  hath  had  due  notice  of 
the  ivithin  ivritten  information,  and  that  he  ivas  duly  fummoned  to 
appear  before  us  here  this  day ;  and  he,  in  contempt  of  the  faid  fnm- 
tnons,  negle£lir,g  nm»  to  appear,  and  making  default  therein  ;  and 
the  fall  and  offence  in  the  nxithin  v.rittcn  information  being  noi.v 
fully  proved  before  us,  nve  do  convi^  him  thereof  :'j  It  is  therefore 
no^M  here  confidered  and  ae^udged  by  us  the  faid  juftices,  that  the  faid 
defendant  hath  forfttted the  ivithin  mentioned  fum  of  z^o\.  (<vchich 
ive  mitigate  and  leffen  to  the  fum  o/"  7  1.)  to  be  dijlributed  as  the  la'W 
direds.     Gii'en  under  our  hands  and  feals,  at  •  afore  faid,  this 

■  day  of  •  in  the year  of  the  reign  of  our  faid 

fwereign  lord  king  George  the  fecond. 

Warrant  of  diftrefs. 

f  To  A.  E.  and  B.  E.  officers  of  excife,  and  to 
•^  n       \    A    J      either  of  them,   and  to  fuch  other  perfon  and 
'    J      perfons  as  they  or  either  of  them  Ihall  take 
I.     to  his  or  their  aluilance. 

WE  nuhafe  hands  and  feals  are  hrrcunto  fet,  tivo  of  his  majejlys 
juftices  of  the  peace  for  the  faid  county  of do  in  his 

faid  mojcftys  name,  authorize  and  command  you  and  every  of  you, 
that  upon  the  breivivg  'veflls  and  utenjils  for  bren.ving  ufed  by  A.  O. 

cf ■ — in  the  fiid  county,  innhcpir,  in  the  brcwhoufe  and  place 

nuhere  he  ufually  brenvs^  at  ■■  cf ore/aid,  and  upon  the  goods  and 

■chattels  of  the  faid  A.  O.  you  or  any  rf  you  do  hnjy  the  fum  of  20  1. 
of  la^vful  ?noncy  of  Great  Britain,  by  us  mitigated  and  leffencd  from 
the  fum  of  50!.  of  like  money  recovered  againft  him  by  A.  I.  gentle- 
man, ivho  profecuted  as  vjell  for  cur  fo-Tfereign  lord  the  king,  as  for 
himfilf  for  a  certain  offence  committed  by  the  faid  A.  O.  againft  the 
latvs  andftatutes  of  excif,  ni: hereof  he  the  faid  A.  O.  is  connjiHed 
before  us ;  And  for  the  Ic-vying  thereof  you  are  to  feize,  take,  and 
carry  aivay  the  faid  brei:'ing  veffels  and  utenfils  for  bre^iving,  and 
alfo  the  goads  and  chattels  aforefaid ;  and  if  in  {cight^  days  next 
after  fuch  feizure,  the  faid  fum  of  20 1,  together  vjith  the  rea- 
fonahle  charges  of  taking  and  keeping  the  faid  vrffels  and  utenftls, 
goods  and  chattels,  Jhall  not  be  paid,  then,  and  in  fuch  cafe  (after 

the  expiration  of  the  faid    »  days  J  you  are  to  make  JaU  thereof, 

or 


t 


€xtitt*  4^9 


or  of  fa  much  thereof  as  fhall  be  fuficient  for  the  purpofes  herein  fpe- 
(ife'i;  nuhich  faid fum  of  20  1.  ivhen  fo  le'uied  as  aforefid,  you  are 
fortlyivith  to  pay   to  the  coll t dor  of  excife  for  the  collegian  called 

colleSion,  for  the  thne  being  ;  to  be  by  him  dijlrihuted  and 

anfvoeredf  according  to  the  Jlatute  in  fuch  cafe  made  ajtd prcvided : 
and  after  levying  thefccf  the  overplus  'which  fhall  remain  of  the 
faid  breivitig  viffels  and  utenfils  for  bretL-ing,  and  of  the  faid  goodi 
and  ch/ittels,  and  of  the  money  arijing  by  fuch  fale^  you  are  to  return 
unto  the  faid  A.  O.  upon  demand,  the  recfnuble  charges  of  takings 
keeping,  and  felling  the  faid  vefjels  and  utenfils,  goods  and  chat telt^ 
being  out  of  the  f aid  overplus  money  firfi  dcduded. 

And  all  cofijiables  and  other  peace  oncers  of  the  faid  county  are 
hereby  required  to  be  aiding  and  afffting  to  you  in  the  due  ejCi  cut  ion 
hereof.  But  in  cafe  there  cannot  be  found  fu^.cient  to  raife  the  fum 
lafl  mentioned,  then  and  in  fuch  ccfe  you  an,  by  a  return  to  this 
our  ^warrant,  forthvoith  to  certify  the  fame  to  us  thf  faid  jufuccs. 
Given  under  our  hands  andfeals  at      •   ••       in  the  fe id  county,   .his 

■  ■■  day  of         '—'  in  the —  year  of  his  faid  majcffi 

reign f  and  in  the  year  of  our  lord  1 754. 

Return  of  the  want  of  diftrefs* 

Weflmorland.  T   A.  ^.  one  of  the  officers  of  his   majefy''s  dutiet 
J[    of  excife,    do  hereby   certify  to  J.  P.   and    K,  P. 

tfquires,  tivo  of  his  faid  tnajejlysjuficis  of  the  peace  for  '.he  faid 
county,  that  by  virtue  cf  a  ivarrant  from  the  faid jiJiices  to  leij  the 
the  fum  of  2o\.  upon  the  brevuing  veftls  and  uu,fls  for  brciv:!jg 
vfdby  A.  O.  in  his  ufual  flace  of  br,v:ing,  and  upon  his  goods  ::nti 
chattels,  I  have  made  diligent  fearch  for  fuch  vef els,  utcnf.s,  gcsds, 
and  chattels  ;  and  that  J  can  find  none  fuch ;  and  that  I  do  vot  knovj^ 
nor  can  find,  that  the  faid  A.  O.  hath  any  goods  or  chat t  Is  n.'chat- 
foevcr.  fVitnffs  my  h<<nd  hertunto  fet,  at  -  •  •  in  the  faid  county  ^ 
this  — — —  day  of-  in  the  year  cf  our  lord  1754. 

Warrant  of  commitment. 

rTo  A.  E.  and  B.  E.  officers  of  dxcife,  and  » 
\  either  of  them,  and  to  fuch  perfon  or  perfons 
Weflmorland.  -^  as  they  or  either  of  them  (Kail  take  to  their 
j  afliftance :  And  to  the  gaoler  or  keeper  of  fuch 
L     prifon  to  whom  thefe  prefents  fhall  come. 

H  E  R  E  A  S  ive  vohofe  hands  andfeals  are  hereutito  fet,  tvoo 
of  his  majrj}y''s  jujiices  of  the  peace  for  the  faid  county  of 
by  cur  voarrant  U7idtr  our  hands  and  feals,  bearing  date 


the  ' .  day  of ■ noiv  infant,  did  require  and  command 

you  the  faid  h.  E.  and  B.  E.   or  either  of  you,  to  levy  the  fum  of 
ZO  1.  therein  mentioned  on  the  breiving  vefels  and  utenfils  for  brevj- 

**!'>  ufed  by  A.  O.  of in  the  faid  county,  innkeeper,   and  upon 

the  goods  and  chattels  of  the  faid  A.  O.      And  vjhereas  you  the  fid 
A.  E,  andB.  E.  by  a  return  and  certificate  under  your  binds,  bearing 

date  the day  of novo  infant,  have  ctrtified  to  us,  that 

having  made  diligent  f  arch  for  fuch  brevuing  veffelt  and  utmfiL  for 
E  e  3  hrtwing 


420  €xtiit. 


bre^iving,  and  for  fuch  goods  and  chattels,  you  cannot  find  any  ivhsreoft 
to  levy  the  faid  zo\.  or  any  part  thereof,  and  that  no  fuch  'veffels, 
utenjili,  goods,  or  chattels  can  be  found :  If  e  therefore  the  faidjufiices 
do  in  his  majejiys  name  hereby  authorize,  require,  and  command  you, 
e'very,  or  any  cf  you,  to  take  and  arrefl  the  body  of  him  the  f aid 
A.  O.  and  forthixith  to  carry  him  to  the  gaol  or  frfon  of  and  for 
the  county  cr  place  txhere ycu  Jkall  fo  take  and  arreji  hnn  ;  and  him, 
together  nxith  a  duplicate  of  this  our  nuartant,  there  to  dtliiier  into 
the  cujlody  cf  the  gaoler  or  keeper  of  the  faid  gaol  or  prifon  of  and  J  or 
the  f aid  county  or  place,  there  to  remain  in  fafe  cujlody  until  he  Jhall 
fatisfy  and  pay  the  faid  fum  cf  2C  1.  of  la'ujfuUy  money  of  Great  Bri- 
tain, by  us  mitigated  and  lijpned  from  the  fum  of  50 1.  of  like  money, 
hy  us  the  faid  jujiices  adjudged  againjl  him,  upon  an  information 
exhibited  againjl  him  before  us  by  P^.\.  gentleman,  as 'vccll  on  the 
hihilfofhisfaidmajejiy,  as  of  himfelf,  for  a  certain  offence  commit- 
ted by  the  faid  A.  O.  againjl  the  Iwixs  and  jiatutes  of  excije,  ivhere- 
of  he  Jlands  con'viSled  before  us  the  jaid jujiices.  And  all  conjlables, 
and  other  his  majejly^s  ojficers,  are  henby  authorized  and  required, 
to  be  aidinfi  and  ajfijiing  to  you  in  the  due  execution  htreof  And  the 
gaoler  and  gaolers,  keeper  and  keepers  of  fuch  prifon  or  gaol  to  ivhich 
youjJjalljo  carry  the  body  of  the  faid  A.  O.  is  and  are  hereby  autho- 
rized and  required,  to  recei've  into  his  or  their  cujlody  the  body  qf 
the  faid  A.  O.  and  the  fame  to  keep  in  fafe  cujhdy  until  be  jhall 
fatisfy  and  pay  the  faid  fum  of  zol.  before  mentioned.  And  for 
your,  any,  or  either  of  your  doing  as  is  before  refpeiiively  direQedy 
this  fpall  be  to  you,  any,  or  either  cf  you  refpedit'ely,  a  fuficient 
inarrant    and   authority.      Given   under    our   hands    and  feals  at 

•  in  the  faid  county,  this  '———  day  of in  the 

year  of  the  riign  of  his  faid  7najejly,  and  in  the  year  of  our 
lord  1754. 

More  precedents  it  is  not  neccffary  to  add,  fmce  the  officers  of 
excife  are  generally  well  furnifhed  with  printed  forms  drawn  by 
good  advice. 

Note ;  Thefe  ftatutes  abovementioned,  relating  to  this  title,  are 
but  temporary,  and  have  their  continuance  as  follows , 

8  G.  c.  18.  Spirituous  liquors.  By  the  8  G,  2.  c.  33.  to  June  \. 
1754,  and  from  thence  to  the  end  of  the  then  next  ieffion  of  par- 
liament. 

5  G.  2.  c.  24.  Coffee.  By  the  25  G.  2.  c.  35.  to  March  2,. 
1758,  and  from  thence  to  the  end  of  the  then  next  feffion  of 
parliament. 

6  G.  2.  c.  37.  Hop-binds.     By  the  24  G.  2.  ■-.  57.  to  Sep.  i. 

15  G.  2.  c.  Zy  Rum.  By  the  23  G.  2.  c.  26.  to  S}p.  29.  1757, 
&c. 

.    tg  G.  2.  <-.  34.  Outlawed  fmngglers.    By  the  26  G.  2.  c.  32. 
tajunez^.   1758,  ice. 


Cjcccutictt. 


I 


421 


€]lXCUtl'Oll* 


I.  TT7HERE  a  perfon  attainted  hath  been  at  large  after  his 
W  attainder,  and  afterwards  is  brought  into  court  and  de- 
manded why  execution  fhould  not  be  awarded  againft  him  ;  if  he 
deny  that  he  is  the  fame  perfon,  it  (hall  be  immediately  tried  by 
a  jury  returned  for  that  purpofe.      2  Haiv.  463. 

2.  The  court  may  command  execution  to  be  done,  without  any 
writ.     2  Hcii'j.  463. 

3.  In  fixed  and  iiatedjjdgments,  the  law  makes  no  diftinftion 
between  a  peer  and  a  conmioner,  or  between  a  common  and  or- 
dinary cafe,  and  one  attended  with  extraordinary  circumftances  j 
for  which  reafon  it  was  adjudged  in  Ft /fan  s  cafe,  who  murdered 
the  duke  of  Buckingham,  that  the  court  could  not  order  his  hand 
to  be  cut  off,  nor  make  it  part  of  the  fentence  that  his  body 
fhould  be  hanged  in  chains,  but  that  the  body  after  execution 
being  at  the  king's  difpofal,  might  be  hanged  in  chains,  or  other- 
wife  ordered  as  the  king  fhould  think  fit.     2  Haix:.  4.43. 

4.  But  the  king  may  pardon  part  of  the  judgment;  as  where 
the  judgment  is  hanging,  beheading,  imbowelling,  and  the  like, 
the  king  may  pardon  all  but  the  beheading;  whereby  the  judg- 
ment is  not  altered,  but  part  of  it  remitted.     2  H.  H.  412. 

5.  It  is  clear,  that  if  a  man  condemned  to  be  hanged,  come 
to  life  after  he  be  hanged,  he  ought  to  be  hanged  again  ;  for  the 
judgment  was  not  executed  till  he  was  dead.     2  Haiu.  463. 

C.tiijcnt    See  p^occfe. 


IT  is  faid,  that  extortion,  in  a  large  fenfe,  fignifies  any  op- 
preffion  under  colour  of  right ;  but  that,  in  a  ftridl  fenfe,  it 
fignifies  the  taking  of  money  by  any  officer,  by  colour  of  his 
office,  either  where  none  at  all  is  due,  or  not  fo  much  is  due, 
or  where  it  is  not  yet  due.      i  Hanv.  170. 

And  by  the  ftatute  of  the  3  EJ.  i.  c.  26.  (which  is  only  i» 
affirmance  of  the  common  law)  No  Jhcriff,  nor  other  the  king's 
ojicer,  Jhall  take  any  rcivard  to  do  bis  office ,  hut  /hall  be  paid  of 
that  n.vhich  they  take  of  the  king  ;  and  he  that  fo  doth,  Jhall  yield 
t'v.-ice  as  much^  and  Jhall  be  punijhed  at  the  king's  pleafure. 

No  JhertJ'  nor  other  the  kin£s  oficer'\  Under  thefe  wqrds,  the 
law  beginning  with  the  Jheriffs,  are  underftood  efcheators,  coro- 
ners, bailifl"^,  gaoler?,  and  other  inferior  officers  of  the  king, 
whofe  offices  were  inftituted  before  the  making  of  this  act,  which 
do  any  way  concern  the  adminiflration  or  execution  of  julHce, 
or  the  common  good  of  the  fubjed,  or  for  the  king's  fervice. 
Z  InJi,  209. 

E  e  3  -Alio 


42  3  €]CtOJtt'Olt. 


Alfo  the  juftices  of  the  pccc,  whofe  office  was  inftituted  after 
this  adi,  are  bo-nd  by  iieir  oath  of  office,  to  take  nothing  for 
their  office  of  j  iltice  of  che  peace  to  ie  done,  but  of  the  king, 
and  fees  accuitomed,  and  cofts  hmited  by  ftatute. 

And  generally,  no  pubhck  officer  (hall  take  any  other  fees  or 
rewards,  for  doing  any  thing   relat  ng   to  his  office,  than  feme 
ftaute  in  force  gives  him,  or  tlfe  as  ha^h  been  antiently  and  ac-    a 
cuftoniably  taken  :  and  if  he  do  otherwile,  he  is  guilty  of  extor-  fl 
tion.     D-lt.  f.  41. 

Shall  take  any  renvard^  Therefore  by  this  ftatute,  they  can  _ 
at  this  day  take  no  more  for  dci  g  their  office,  than  hath  been  jfl 
iince  allowed  co  them  by  authority  of  parliament       2  InJ}.  210.        " 

And  all  prefcriptions  which  have  been  contrary  to  this  ftatute, 
$nd  to  the  common  law  in  affirmance  of  which  it  is  made,  have 
been  always  holden  to  be  void,      i  /iV.ic.  170. 

And  it  hath  been  refolved,  that  a  promife  to  pay  them  money  Jl 
for  the  doing  of  a  thing,  which  the  law  will  not  fuffer  them  to  9 
^ake  any  thing  for,  is  merely  void,      i  Haiu.  171.  ■ 

7o  do  his  cjf.ce]  It  is  not  faid,  that  he  ftiall  take  no  reward  ge-      •! 
rerally,  but  no  reward  to  do  his  office :  Thus  the  fee  of  20  d. 
called  bar  fee,  time  out  of  mind  taken  by  the  ftierifF  of  every 
prifoner  that  is  acquitted,  is  not  againft  this  ftatute  j  for  it  is  not 
laken  for  doing  his  office      2  Inji.  2  lo- 

But  there  feems  to  be  no  neceffity  for  this  diftin£lion,  for  it  can- 
not be  intended  to  be  the  meaning  of  the  ftatute  to  reftrain  the 
courts  of  jaftice,  in  whofe  integrity  the  law  always  repofes  the 
higheft  confidence,  ficm  allowing  reafonable  fees  for  the  labour  j 
and  attendance  of  their  officers :  for  the  chief  danger  of  oppreffion  i 
is  from  officers  being  u^ft  at  their  liberty  to  fee  their  own  rates  on 
their  labour,  and  mjke  their  own  demands ;  but  there  cannot  be 
fo  much  fear  of  thefe  abufep,  while  they  are  reftrained  to  known 
and  fta.ed  fees,  fettled  by  the  difcretion  of  the  courts,  which  will 
not  fuifer  theqi  to  be  exceeded,  without  a  proper  refentment. 
1  Haiji:.  171. 

Eut  in  the  ecclefiaftical  court,  a  perfon  was  libelled  againft  for 
fees,  and  upon  motion  a  proh'hition  was  granted,  for  that  it  was 
holden  that  no  court  hath  a  power  to  eflahliffi  fees :  the  judge  of  a 
court  may  think  them  reafonable,  but  that  is  not  binding  ;  but  if 
on  a  quantum  vuruit  a  jury  think  them  reafonable,  then  they  be- 
come eilabliflied  fees,      i  ^alk.  333. 

The  fees  in  feffions,  for  traverfing,  trying,  or  difcharging  in- 
didments,  difchargmg  recognizances,  and  the  like,  do  vary  accord- 
ing to  different  cultoms  in  different  places.     Dult.  f.  41.  ^jj 

Shall  yield  tixiice  as  much'\  At  the  common  law  this  offence  is 
feverely  puniftiable  at  the  king's  fuit,  by  fine  and  imprifonment, 
and  alfo  by  a  removal  from  the  office  in  the  execution  whereof  it 
was  committed.  And  this  ftatute  doth  add  a  greater  penalty  than 
the  common  law  did  give ;  for  hereby  the  plaintiff  fliall  recover 
his  double  damages.     2  hiji,  210.      i  H-ww.  171. 

And  by  the  3;  £/.  f.  5.  Aftions  for  extortion  may  be  laid  in 
any  county. 

At 


I 


4 


4 


€xto;tion.  423 


'jff  the  kifig":  pleafure]  That  is,  by  the  king's  jufticcs,  before 
whom  the  caufe  depends.     2  hjl.  210. 

Indidment  for  extortion  in  a  gaoler. 

TH  E  jurors  for  our  lord  the  kiiig,  upon  their  oath  prefent, 
that  A.  O.   late  of in  the  f aid  county y  yeoman,  on 

the  ■  day  of  — ^— .  in  the year  of   the  reign  of 

■  ivas  taken  upon  fufpicion  of  hai'ing  committed  a  certain  fe- 
lony,   by confable  cf———~  in  the  faid  county,    by  I'irtue 

of  a  nvarrant  direflrd  to  the  faid  —————  under  the  hand  atidfeal 
of  Robert  Bolton,  doSlor  of  laix-s,  then  and  yet  one  cf  thejujiices 
of  our  fo^jereign  lord  the  king,  afjigned  to  keep  the  peace  in  the  fa'ii 
county,  and  rc'.vj  on  the  fame  day  and  year  committed  by  him  the  J  aid 
Robert  Bolton,  to  A.  G.  keeper  of  the  gaol  cf  our  jaid  fo'vereign 
lord  the  king  at  >   in  the  faid  county,   under  the  cufody  of  him 

the  faid  h.  G.  to  be  fafcly  kept,  upon  fufpicion  of  the  fhny  ofore- 
faid,  avd  the  faid  K.  O.  ixjas  detained  in  that  prifon  under  the  cu- 
fody of  the  fid  A.  G.  from  the  time  that  he  njsas  committed  to  the 
faid pr if  n  for  one  m^, nth  from  thence  next  enfuing,  upon  fufpicion  of 
the  jaid  felony,  ne'V^rthelfs  the  faid  A.  G.  in  no  luife  regarding  the 
jiatute  in  that  cafe  made,   and  the  penalty  therein  contained,  did  on 

the day  of at afore  faid,  in  the  fad  aunty  ^ 

demand  end  recei-ve- pounds  of  lanxful  money  of  Great  Britain 

of  and  fom  the  Jaid  A.  O.  for  eafe  and  favour  in  the  faid  gaol  for 
the  faid  time,  in  contempt  of  our  faid  fo'vereign  lord  the  king,  and 
againjl  the  form  of  tho  jiatute  aforefuid,  and  agaiysji  the  peace  of 
cur  jaid fonjereign  lard  the  king,  his  croiun  and  dignity. 

Indidment  for  extortion  of  a  bailiff. 

TH  E  jurors  for  our  lord  the  king  upon  their  oath  prefent,  that 
A.    B.  late  of  ■  in  the  faid  county,  yeoman,    being 

bailiff  of  the  hundred  of——  in  the  faid  county,  on  the  • 

day   of     '  in  the  •  year  of  the  reign  of  ■  at 

'  in  the  faid  county,  by  pretext  and  colour  of  his  faid  office^ 
did  unjufly  and  by  extortion  take  and  extort  5  s.  of  one  A.  1.  of 
•  in  the  faid  county,  yeoman,  one  oj  the  freeholders  qualifed 

toferve  upon  juries  in  the  faid  county,  to  excufe  the  faid  A.  I.  from 
attending  or  appearing  at  the  afjzis  that  ivere  then  next  to  be  holden 
in  and  for  the  faid  county,  vjhen  in  faSi  the  faid  A.  I.  tvas  not  re- 
turned by  the  Jheriff  of  the  jaid  county  in  any  panel  cf  jurors,  end 
alfo  luhen  indeed  no  fuch  fum  of  money  luas  due  to  the  faid  A,  B. 
for  his  fee  for  excufing  the  attendance  or  appearance  of  the  faid 
A.  I.  at  the  ajjjzes  aforefaid,  to  the  e<vil  example  of  other  offenders, 
to  the  great  damage  of  him  the  faid  A.  I.  and  againjl  the  peace  of 
our  faid fyvereign  lord  the  king^  bis  croivn  and  dignity. 


E  c  4  ;^alfe 


4H 


fnitt  fofeens.   See  Cljeat 
jTaft  tia^s. 

BY  the  2^3  £^.  6.    f.  19.   for  the  encouragement  of  the 
fifheries,  and  the  increafe  of  cattle  ;    and  the  5  E/.  c  5.  in 
titled,  an  aft  touching  political  conftitutions  for  the  maintenance  of 
the  navy  ;  and  by  the  35  £/.  c.  7.  it  is  enadlcd  as  follows: 

No  perto.  fliall  cat  any  manner  of  flefh  on  any  Friday  or  Sa- 
turifay,  or  the  embr'ng  days,  or  in  Lcnt^  nor  on  any  other  day 
commonly  reputed  a  filh  day  ;  on  pain  of  forfeiting  20  s.  or  beir.g 
jmprifoned  one  month. 

And  every  perfon  in  whofe  houfe  any  flefli  fhall  be  eaten  on  fifh 
days,  and  not  difclofmg  the  lame  to  a  publick  officer  having  au- 
thority to  punifh  the  fame  ;  fhall  forfeit  1  3  j.  4  ^. 

Which  faid  ferfeicures  fhall  be,  one  third  to  the  king,  one  third 
to  the  informer,  and  one  third  to  the  common  uic  of  the  parilh 
where  the  offence  fhall  be  committed  ;  to  be  levied  by  the  cnurch- 
wardens  after  conviclion. 

Profecution  to  be  at  the  afllzes  or  feffions,  in  three  months 
after  the  offence  committed. 

But  nothing  herein  fhall  extend  to  any  perfon  having  the  king's 
licence ;  or  being  in  great  age,  and  weaknefs  thereby ;  or  fic(c, 
or  notably  hurt;  or  woman  with  child,  or  lying  in  child  bed,  for 
eating  of  fqch  one  kind  of  f^efh  as  fhe  fhall  have  great  lufl  unto  ; 
or  in  prifon ;  nor  to  the  king's  lieutenant,  deputy,  or  captain  in 
his  armies,  but  the  fame  may  eat,  or  licenfe  their  foldiers  to  eat 
flefh  for  lack  of  other  vidlual;  nor  to  perfons  licenfed  by  the  arch- 
bifhop  of  Canterbury. 

And  fuch  licences  fhall  be  on  condition,  that  the  perfon  licenfed 
fhall  within  fix  days  after  Ccmdlemafs,  pay  to  the  poor  box  where 
he  dwells,  if  he  be  a  lord  26  j.  8  </.  a  knight  13.;.  ^d.  and  all 
others  6  s.  SJ. 

But  fick  perfons  may  be  licenfed  by  the  bifhop  of  the  diocefe, 
or  by  the  parfpn,  vicar,  or  curate  of  the  parifh,  or  (if  there  be 
none,  or  he  be  wilful)  of  the  next  parilh;  and  if  the  ficknefs  con- 
tinues above  eight  days,  the  licence  fhall  be  regirtred  in  the  church 
book,  with  the  knowledge  of  a  cburchwarden  ;  and  the  curate 
fhall  have  4  cf.  for  entry  ;  aiid  the  iame  to  endure  no  longer  ihun 
fuch  ficknefs. 

And  no  licence  fhall  extend  to  the  eating  any  beef  at  any  time 
9f  the  year,  nor  veal  from  Sep.  29.  to  M^ty  1.  in  any  year. 

And  perfons  licenfed  (except  for  ficknefs)  fhall  for  every  difh  of 
|ie(h  at  their  table,  have  one  difh  of  fea  fifh. 

•feed.    See  e.rto^tiou* 
iFelo  tJC  fe*    See  jpomicitJC. 


4 


425 


jTelonv,  S0ttp;tifiou  of  felonp, 

I.  Felony. 

FE  LO  NT  is  generally  fuppofed  to  come  from  the  Saxon 
fell^  which  fignifieth  fierce,  or  cruel ;  of  which  the  verb 
fell  fignifieth  to  throw  down  or  demolifli;  and  the  fubftantive  of 
that  name  is  ul'ed  to  fignify  a  mountain  rough  and  uncultivated. 
But  the  fame  word,  with  a  little  variation,  runneth  through  moft 
of  the  Euroi^ean  languages,  and  fignifieth  more  generally  an  offence 
at  large;  and  the  Saxon  word  Julian  fignifieth  to  offend,  and 
f.vlniJJ'e  zxi  oflence  ox  failure:  and  although /i/c;?)',  as  it  is  now 
become  a  technical  term,  fignifieth  in  a  more  reitrained  fenfe  an 
ofl^ience  of  an  high  niaturc,  yet  it  is  not  limited  to  capital  oiFences 
only,  but  ftill  retajneth  lomewhat  of  this  larger  acceptation ;  for 
petit  larceny  is  ftlony,  altho'  it  is  not  capital. 

It  would  fvvell  this  title  near  to  the  bignefs  of  half  the  book,  to 
fet  down  every  tiling  which  may  be  comprehended  under  this  word 
felony :  therefore  it  is  necefiary  to  refer  the  confideration  of  the 
feveral  particular  kinds  of  felonies  to  their  refpeftive  titles ;  as  for 
jnilance.  Homicide,  Robberf,  Burglary,  Rap;',  Coin,  Forgery,  and 
many  others  ;  and  efpecially  the  law  relating  to  ftolen  goods  of  all 
kinds  belongeth  to  title  Larceny. 

The  metliod  of  bringing  a  felon  to  juftice  from  the  firft  com- 
ijiilfion  of  the  fplony,  to  his  condemnation  and  execution,  is  treat- 
ed of  under  the  feveral  titles  of  Hue  m:d  cry.  Am  ft.  Examination, 
Bail,  Commitment,  Gaol,  Arraignment,  Appeal,  Indiclment,  Mute, 
Confejjion,  furors,  E^jidcnce,  Clcro-^,  fudgmcnt.  Attainder,  forfei- 
ture, 'Tranfportation,  Execution,  And  the  courfe  snd  whole  proce- 
dure of  trying  an  offender,  is  treated  of  under  title  Sejjlons. 

So  that  there  is  nothing  left  for  this  place,  but  to  take  notice  of 
pne  circunaHance  which  is  common  to  all  felonies  in  general,  and 
that  is,  concerning  the  charges  of  profecution  : 

By  the  3  f.  c.  10.  The  felon  (hall  pay  the  charges  of  his  car- 
rying to  gaol,  if  able ;  to  be  levied  b)  diftrefs  by  warrant  of  one 
juftice. 

And  by  the  ftatute  of  the  27  G.  2.  e.  3.  if  he  is  not  able,  the 
iame  fhall  be  paid,  by  order  of  fach  jallice,  by  the  treafurer  out 
of  the  county  rates;  and  in  MidLjlx  by  tlie  overleers  of  the  poor 
where  the  party  was  apprehended. 

And  by  the  25  G.  z.  c.  36.  the  court,  before  whom  any  per- 
fon  hath  been  tried  and  convi>fted  of  any  grand  or  petit  krceny, 
or  other  felony,  may  at  the  prayer  of  the  profecutor,  and  on 
confideration  of  his  circumllances,  order  the  treafurer  of  the 
county  in  which  the  offence  fhall  have  been  committed,  to  pay 
him  iuth  fum  4s  they  Ihall  judge  reafonable,  net  exceeding  the 
expences  he  was  put  to  in  carrying  on  the  profecution,  with  a  rea- 
fpr,^b!e  allo'.vance  for  his  li^e  fnd  trouble;  and  the  clerk  of  af- 
5  <ize 


426  iTelonp,  &c. 


fize  or  of  the  peace,  fliall  forthwith  make  out  fuch  order,  and  deli- 
ver the  fame  to  the  profecutor,  on  paying  i  s.  and  the  treafurer 
fhall  pay  the  far^e  on  fight,  and  be  allowed  the  fame  in  his  accounts. 
And  by  the  aforefaid  adl  of  the  27  G'.  2.  c.  3.  When  any  poor 
perfon  fiiall  appear  on  recognizance  to  give  evidence,  the  court  may 
order  the  treafurer  to  pay  him  fuch  fum  as  they  (hall  think  reafon- 
able,  for  his  time,  trouble,  and  expences;  which  order  the  proper 
officer  fhall  make  out  for  the  fee  of  6  (/.  Except  in  Middlifex, 
where  the  fame  fhall  be  paid  by  the  overfeers  of  the  poor  where 
the  perfon  was  apprehended. 

11.  Mifprijion  of  felony. 

Mifprifiorj  of  felony  (from  the  French  word  me/pris,  a  negleft 
©r  contempt,  3  Injl.  36.)  is  the  concealing  of  a  felony  which  a 
man  knows,  but  never  confentcd  to :  for  if  he  confentcd,  he  is 
either  principal  or  acceffary  in  the  felony,  and  confequently  guilty 
of  miiprifion  of  felony  and  more,      i  H.  H.  374. 

For  it  is  faid,  that  every  felony  includes  miiprifion  of  felony, 
and  may  be  proceeded  againft  as  a  mifprifion  only,  if  the  king 
pleafcs.     I  Hniu.  125. 

The  punifhment  of  mifprifion  of  felony  in  a  common  perfon, 
is  fine  and  imprifonment;  in  an  officer,  as  fher iff  or  bailiff  of  li- 
berties, imprifonraent  for  a  year,  and  ranfom  at  the  king's  plea- 
fure,  by  the  ftatute  of  3  Ed.  i .  c  g. 

If  any  pevfon  will  fave  himfelf  from  the  crime  of  mifprifion, 
he  mull  difcover  the  offence  to  a  magiftrate  with  all  fpeed  that  he 
can.      3  hji.  140. 

Mifprifion,  in  n  larger  fenfe,  is  ufed  to  fignify  every  confiderable 
mifdcmeanor,  which  hath  not  a  certain  name  given  to  it  in  the  law. 

///.  Thefthote. 

Theftbote  (from  the  5axon  words  theft,  and  hote,  boot  or 
amends)  is,  where  one  not  only  knows  of  a  felony,  but  takes  his 
goods  again,  or  other  amends,  not  to  profecute,     i  Haiu.  125. 

But  the  bare  taking  of  one's  own  goods  again,  which  have  been 
ftolen,  is  no  offence,  unlefs  fome  favour  be  fhewn  to  the  thief. 
I  Hanu.  125. 

This  offence  is  very  nearly  allied  to  felony,  ?nd  is  faid  to  have 
been  anciently  punifhed  as  fuch ;  but  at  this  day  Jc  is  punifhable 
only  with  ranfom  and  impnfonment,  unlefs  it  were  accompanied 
wuh  ionx'i  degree  of  maintenance  given  to  the  felon,  wich  makes 
the  party  an  acceffary  after  the  fadl,     i  Havj.  1 25.. 

■feme  co'occt.    See  m\lz^ 
jfcncess*    See  ^looti* 

Jfecn*    Burning  of  it  in  forefts.    See  OoUCUinff* 

jfire*    See  'Buniino:- 

flee 
9 


427 


fin  in  HouBou* 


T 


H  E  afls  relating  thereto  are, 

6  Jf!.  f.  31. 

7  J».  c.  17. 
II  G.  c.  23. 


ifirelUo?Iis» 


I .  T  T  fhall  not  be  lawful  for  any  per fon  to  make  or  caufe  to  be  fireworks  a 

\  made,  or  to  fell  or  expofe  to  fale,  any  fquibs,  rockets,  fer-  nufancc. 
pents,  or  other  fireworks,  or  any  cafes,  moulds,  or  other  imple- 
ments for  making  the  fame  ;  or  to  permit  the  fame  to  be  calt  or 
fired  from  his  houfe  or  other  place  thereto  belonging,  into  any 
publick  ftreec  or  road;  or  to  throw  or  fire,  or  be  aiding  in  throw- 
ing or  firing  the  fame,  in  any  publick  ftreet,  houfe,  fliop,  river,  or 
highway  ;  and  every  fuch  offence  Ihall  be  adjudged  a  common  nu- 
fance.      g  &"  10  PF.  c.  y.  /.  i. 

2.  And  if  any  perfon  fhall  make  or  caufe  to  be  made,  or  give.  Making  or  fel- 
fell,  or  offer  to  fale,  any  fquib?,  rockets,  ferpents,  or  other  fire- I'^S  rockets, 
works,  or  any  cafes,  moulds,  or  other  implements  for  making  the 

fame;  he  fhall  on  conviflion  before  one  jaflice,  or  chief  magi- 
ftrate,  by  confelfior,  or  oath  of  two  witnelfes,  forfeit  5  /.  half  to 
the  poor,  and  half  to  the  profecutor;  to  be  levied  by  dilirefs,  by 
warrant  of  fuch  juftice  or  chief  msgiHrate.  qisf  \oW.  c.  -j.  f.  2. 

3.  And  if  any  perfon  fhall  permit  any  the  fame  to  be  caft  or  SufFerin»  rockets 
fired,  from  his  houfe  or  other  place  thereto  belonging,  into  any  to  be  fired, 
publick  ilreet  or  road,  or  any  other  houfe  or  place;  he  fhall  for- 
feit 20  J.  in  hke  manner,     g  Cff  10  //'.  c.  7.  /  2. 

4.  And  if  any  peribn  fhall  caft  or  fire,  or  be  aiding  in  cafting  Firing  rocket*, 
or  firing  any  the  fame,  into  any  publick  Ilreet, , houfe,  Ihop,  river 

or  highway  ;  he  fhall  forfeit  zos.  in  like  manner:  and  if  he  fhall 
rot  immediately  on  convidlion  pay  to  the  juftice  the  faid  forfei- 
ture for  the  ufes  aforefaid,  he  fnall  commit  him  to  the  houfe  of 
correftion  to  be  kept  to  hard  labour  for  any  time  not  exxeeding 
one  month,  unlefs  he  fhall  fooner  pay  the  forfeiture,  g  (J  10  IV. 
c.  7.  /  3. 

5.  Burt  nothing  herein  (hall  extend  to  the  officers  of  the  ord-  Exception. 
nance,  or  artillery  company.     g&  10  tF.  c.  j.  /.  4,  5. 

Jfifl)  nnti  fifljiiig:.    See  (0amr. 
f  ifl3  faltetJ.    See  extik. 
fligfjtt    See  ifo^ieituie* 


428 


ifo?cible  tnttv  atiD  htwntt. 

FORCE,  in  the  common  law,  is  moft  commonly  taken  in  ill 
part,  for  unlawful  violence,      i  Ifiji.  i6i. 

It  feems  that  at  the  common  law,  a  man  difleifed  of  any  lands 
or  tenements,  if  he  could  not  prevail  by  fair  means,  might  law- 
fully regain  the  poffeflion  thereof  by  force,  unlefs  he  were  put  to 
a  hecelTity  of  bringing  his  adtion,  by  having  neglected  to  re  enter 
in  due  time:  And  it  feems  certain,  that  even  at  this  day,  he  who 
is  wrongfully  difpofi'tfTed  of  his  ^W/,  may  jullify  the  retaking  of 
them  by  force  from  the  wrong  doer,  if  he  refufe  to  re  deliver 
them ;  for  the  violence  which  happens  thro'  the  refirtance  of  the 
wrongful  poffeflbr,  being  originally  owing  to  his  own  fault,  gives 
him  nojuft  caufe  of  complair.t,  inafmuch  as  he  might  have  pre- 
vented it  by  doing  as  he  ought,      i  H^iv.  140, 

But  this  indulgence  of  the  common  law,  in  fufferlng  per- 
fons  to  regain  the  lands  they  were  unlawfully  deprived  of,  having 
been  found  by  experience  to  be  very  prejudicial  to  the  publick 
peace,  by  giving  an  opportunity  to  powerful  men  under  the 
pretence  of  feigned  titles,  forcibly  to  ejeft  their  weaker  neigh- 
bours, and  alfo  by  force  to  retain  their  wrongful  pofieflion;,  it 
was  thought  necelTary  by  many  fevere  laws  to  reftrain  all  perfons 
from  the  ufe  of  fuch  violent  methods  of  doing  themi'elves  jaflice. 
I  Hazv.  141. 

However  even  at  this  day,  in  an  aiffion  of  forcible  entry 
grounded  on  thofe  laws,  if  the  defendant  make  himfelf  a  titfce 
which  is  found  for  him,  he  Ihall  be  difmifled  without  any  in- 
quiry concerning  the  force;  for  howfoever  he  may  be  puniiliable 
at  the  ii//g's  fuit,  for  domg  what  is  prohibited  by  ftatute,  as  a 
contemner  of  the  laws,  and  difturber  of  the  peace,  yet  he  (hall 
not  be  liable  to  pay  any  damages  for  it  to  the  plaintiff,  whofe  in- 
jullice  gave  him  the  provocation  in  that  manner  to  right  himfelf. 

I  Harjj.  141. 

Since  therefore  offences  of  this  nature  are  made  fuch,  not 
by  the  common  law,  but  by  flatute  (after  having  premifed, 
that  they  luho  keep  pojpjjton  ix'itb  force ^  in  lands  and  ttnements, 
twhereof  they  or  their  ancejiors,  or  they  n-uhofe  ejiate  they  hanje  in 
the  famey  have  continued  their  ■poffrjjlon  in  the  fame,  by  three  ijchole 
years  next  before  nxithout  interruption,  Jhall  not  be  indamaged  hy 
force  of  any  of  the  ftatutes  concerning  forcible  entry,  8  H.  6.  C  9. 
f.  7.  I  Haw.  152.)  I  iliall  confider  thofe  feveral  Itatutes,  with 
the  interpretation  that  hath  beep  put  upon  them,  under  the  fal- 
lovi'iag  heads : 


/.  What 


jfo^cibie  ctttcp  auD  aetatner.      429 

7.  What  is  a  forcible  entry. 

II.  What  is  a  fcrcibk  detainer. 

III.  How  the  fame  are  puniflmhle  by  a^ion  at  law. 

IV.  How  punifldable  at  the  general  feffions. 

V.  How  punifhable  by  one  juftice. 

VI.  How  punifhable  on  a  certiorari. 

VII.  How  ptmifhable  as  a  riot. 

I.  What  is  a  forcible  entry. 

By  the  5  R.  2.  c.  8.  None  Jhall  make  any  enty  into  any  lands  or 
tenements  (or  benefices  of  holy  church,  15  R.  2.  C.  2.  or  other  pof- 
fejfionsj  8  H.  6.  c.  9.  f.  2.)  hut  ivhere  entry  is  ginjcn  by  the  laiv  i 
and  in  fuch  cafe  not  tvith  firong  hand,  nor  ^ivith  multitude  of  people ^ 
hut  only  in  peaceable  and  eafy  manner ;  on  pain  of  imprifonmcnt  and 
ranfj/n  at  the  kings  ivill. 

Or  other  poffeffions']  It  feems  dear,  that  no  one  can  come  with- 
in the  danger  of  thcfe  ftatutes,  by  a  violence  offered  to  another  in 
refped  of  a  ivay,  or  fuch  like  eafement,  which  is  no  poffeffion. 
And  there  feems  to  be  no  good  authority,  that  an  indidment  will 
lie  in  this  cafe  for  a  common,  or  efice.      1  Ha^jo.  146. 

Not  ivith  flrong  hand,  nor  'with  multitude  of  people-]  It  feems 
certain,  that  if  one  who  pretends  a  title  to  lands,  barely  go  over 
them,  either  with  or  without  a  great  number  of  attendanis,  armed 
or  unarmed,  in  his  way  to  the  church  or  market,  or  for  fuch  like 
purpofe,  without  doing  any  ad,  which  either  exprefsly  or  im- 
pliedly amounts  to  a  claim  of  fuch  lands,  he  cannot  be  faid  to 
make  an  entry  thereinto,      i  Hanu.  144.. 

But  it  feemeth,  that  if  a  perfon  enter  into  another  man's  houfe, 
or  ground,  either  with  apparent  violence  offered  to  the  perfon  of 
any  other,  or  furnilhed  with  weapons,  or  company,  which  may 
offer  fear,  tho'  it  be  but  to  cut,  or  take  away  another  man's  corn, 
grafs,  or  other  goods,  or  to  fell  or  crop  wood,  or  do  any  other 
like  trefpafs,  and  tho'  he  do  not  put  the  party  out  of  his  poffef- 
fion, yet  it  feemeth  to  be  a  forcible  entry.     Dalt.  c  126. 

But  if  the  entry  were  peaceable,  and  after  fuch  entry  made, 
they  cut  or  take  away  any  other  man's  corn,  grafs,  wood,  or 
other  goods,  without  apparent  violence  or  force;  tho'  fuch  ads 
aie  counted  a  diffeifin  with  force,  yet  they  are  not  punifhable  as 
forcible  entries.     Dalt.  c.  1 26. 

But  if  he  enter  peaceably,  and  there  fhall  by  force  or  violence 
cut  or  take  away  any  corn,  grafs,  or  wood,  or  fliall  forcibly  or 
wrongfully  carry  away  any  other  goods  there  being;  this  feemeth 
to  be  a  forcible  entry  punifliable  by  thefe  ftatutes.     Dalt.  c.  i  26. 

So  alfo  fhall  thofe  be  guilty  of  a  forcible  entry,  who  having  an 
eRate  in  land,  by  a  defeafible  title,  continue  with  force  in  the  pof- 

feflion 


43°      ifomble  enttp  arm  Detainer. 

feffion  thereof,  after  a  claim  made  by  one  who  had  a  right  of  en- 
try thereto,      i  Haiv.  145. 

But  he  who  barely  agrees  to  a  forcible  entry  made  to  his  ufc, 
without  his  knowledge  or  privity,  {hali  not  be  acjadged  to  make 
an  entry  within  thefe  llatutes,  becaufe  he  no  way  concurred  in, 
or  promoted  the  force,     i  Haw.  745. 

And,  in  general,  it  feemeth  clear,  that  to  denominate  the  entry 
forcible,  it  ought  to  be  accompanied  with  fome  circumftances  of 
adlual  ■violence,  or  terror ;  and  therefore  that  an  entry  which  hath 
no  other  force  than  fuch  as  is  implied  by  the  law,  in  every  trefpafs 
whatfoever,  is  not  within  thefe  ftatutes.      i  Haw.  145. 

As  to  the  matter  of  'viole?ice',  it  feems  to  be  agreed,  that  an 
entry  may  be  forcible,  not  only  in  re^eft  of  a  violence  aftually 
done  to  the  perfon  of  a  man,  as  by  beating  him  if  he  refufe  to 
^  relinquish  his  pofrefiion,  but  alfo  in  refpeft  of  any  other  kind  of 
violence  in  the  manner  of  the  entry,  as  by  breaking  open  the 
doors  of  a  houfe,  whether  any  perfon  be  in  it  or  not,  efpecially 
if  it  be  a  dwelling  houfe,  and  perhaps  alfo  by  any  aft  of  outrage 
after  the  entry,  as  by  carrying  away  the  party's  goods ;  but  it 
feems  that  an  entry  is  not  forcible,  by  the  bare  drawing  up  a 
latch,  or  pulling  back  the  bolt  of  a  door,  there  being  no  ap- 
pearance therein  of  being  done  by  firong  hand,  or  multitude  of 
■people;  and  it  hath  been  holden,  that  an  entry  into  a  houfe  thro* 
a  window,  or  by  opening  a  door  with  a  key,  is  not  forcible. 

I  Haiv.  145. 

In  refpeft  of  the  circumftances  of  terror ;  it  is  to  be  obferved, 
that  wherever  a  man,  either  by  his  behaviour  or  fpeech,  at  the 
time  of  his  entry,  gives  thofe  who  are  in  pofieflion  juft  caufe  to 
fear,  that  he  will  do  them  fome  bodily  hurt,  if  they  will  not  give 
way  to  him,  his  entry  is  efteemed  forcible,  whether  he  caufe  fuch 
a  terror,  by  carrying  with  him  fuch  an  unufual  number  of  atten- 
dants, or  by  arming  himfelf  in  fuch  a  manner,  as  plainly  inti- 
mates a  defign,  or  by  aftually  threatning  to  kill,  maim,  or  beat 
thofe  who  Thall  continue  in  pofTefTion,  or  by  giving  out  fuch 
fpeeches,  as  plainly  imply  a  purpofe  of  ufing  force,  as  if  one  fay 
,  that  he  will  keep  his  pofieflion  in  fpice  of  all  men,  or  the  like. 
I  Havj.  145. 

But  it  feems  that  no  entry  fhal!  be  judged  forcible,  from  any 
threatning  to  fpoil  another's  gaods,  or  to  deftroy  his  catde,  or  to 
do  him  any  other  fuch  like  damage,  which  is  not  perfonal. 
I  Haiv.  146. 

However  it  is  clear,  that  it  may  be  committed  by  a  fingle  per- 
fon, as  well  as  by  twenty,      i  Haw.  146. 

But  neverthelefs  all  thofe  who  accompany  a  man,  when  he 
makes  a  forcible  entry,  fhall  be  adjudged  to  enter  with  him,  whe- 
ther they  aftually  come  upon  the  lands  or  not.     i  Hanu.  144. 

//.  What  is  a  forcible  detainer. 

It  feemeth  certain,  that  the  fame  circumftances  of  violence  or 
terror  which  v  ill  make  an  entry  forcible,  will  make  a  detainer 

forcible 


foiiMt  mttv  atiD  Bttamer^      431 

forcible  alfo.     And  a  detainer  may  be  forcible,  whether  the  entry 
were  forcible  or  not.     t  Haiv.  146. 

III.  How  they  are  pumjfjahle  by  aBion  dt  law. 

Jf  any  per/on  be  put  out  or  dljftifed  of  any  lands  or  tenements  in 
forcible  7nanner,  or  put  out  peaceably,  and  after  holden  out  ivitl^ 
Jlronghand;  the  party  grienjed  Jhall  have  ^J/ize  of  .novel  diffcijiv^ 
or  a  nvrit  of  trefpafs  againf  the  difeifor  j  a7id  if  he  recovers,  he 
Jhall  hai'e  treble  damages,  and  the  defendant  7norec'ver  Jhall  make 
fine  and  ranfom  to  the  king.     8  H.  6.  c.  9.  f.  6. 

ne  party  grieved  fhall  have  a(fize  Sec  ]  But  this  aiEllon,  being 
at  the  fuit  of  the  party,  and  only  for  the  r'ght,  is  only  where  the 
entry  of  the  defendant  was  not  lawful ;  for  if  a  man  entreth  with 
force,  where  his  entry  is  lawful,  he  (hall  not  be  punifhed  by  way 
of  aftion;  but  yet  he  may  be  indi^led  upon  the  ftatute,  for  rhe 
indifiraent  is  for  the  force,  and  for  the  king,  and  he  (hall  make 
fine  to  the  king,  alcho'  his  right  be  never  fo  good.  Dalt, 
c.  129. 

'  Treble  damages']  And  this  he  fhall  recover,,  as  well  for  the  meaa 
occupation,  as  for  the  firft  entry  :  And  albeit  he  fhall  recover 
treble  damages,  yet  he  fliall  rcoover  cofli,  which  Ihall  be 
trebled  alicj  tor  the  word  damages  includeth  cofts  of  fuit. 
I  Inf.  Z^'J. 

IK  How  punijhable  at  the  general  fejfwns. 

The  party  grieved,  if  he  will  lofe  the  benefit  of  his  treble  ca- 
rnages and  cofts,  may  be  aided  and  have  the  afSflance  of  the  ju- 
ftices  at  the  general  felTions,  by  way  of  indidment  (  A  )  on  the 
ftatute  of  8  H.  6,  Which  being  found  there,  he  fliall  be  reftortd 
to  his  pofTeflion,  by  a  writ  of  reftitution  granted  out  of  the  fame 
court  to  the  fherifF.     Dalt.  c.  129. 

In  the  caption  of  which  indi(ftment,  it  will  be  fufHcient  to  fay, 
jufiices  afjigned  to  keep  the  peace  of  our  lord  the  king,  without  fnew- 
ing  that  they  have  authority  to  hear  and  determine  felonies  and 
trefpaflcs;  for  the  ftatute  enables  all  juftices  of  the  peace,  as  fuch, 
to  take  fuch  indiftments.      i  Ha^\  147. 

And  the  tenement  in  which  the  force  was  made,  muft  be  de- 
fcribed  with  convenient  certainty;  and  muft  fet  forth  that  the  de- 
fendant actually  entred;  and  oufted  the  party  grieved;  and  con- 
tinueth  his  pofTefTion  at  the  time  of  finding  the  iudiftment ;  other- 
wife  he  cannot  have  reftitution,  becaufe  it  doth  not  appear  that  he 
needeth  it.     i  Havj.  147,  149,  150, 

But  if  a  man's  wife,  children,  or  fervants  do  continue  in  the 
houfe  or  upon  the  land,  he  is  not  oufted  of  his  pofleflion  ;  but  his 
cattle  being  upon  the  ground,  do  not  preferve  his  poffeffion..  Dalt. 
c.  132. 

An  indiftment  for  forcible  entry  was  quafhed,  for  not  fetting 
forth,  that  the  party  was  feifed  or  difl'eifed,  or  what  eftate  he  had. 
ta  the  tenement;   for  if  he  bad  only  a  term  for  years,  then  the 

en'.ry 


432      StoicibU  tnttv  ana  Detainer* 

entry  mufl:  be  laid,  into  the  freehold  of  J.  in  the  poflefllon  of  S. 
F.  How  punijhable  by  one  jujiice, 

1.  For  a  more  fpeedy  remedy,  the  party  grieved  may  complain 
to  any  one  juftice  ;  or  to  a  mayor,  flierifF,  or  bailiiF,  within  their 
liberties.     8  H.  6.  c.  9. 

2.  But  altho'  one  jullice  alone  may  proceed  in  fuch  cafes,  yet  it 
may  be  advifable  for  him,  if  the  time  for  viewing  the  force  will 
fufFer  it,  to  take  to  his  ailiftance  one  or  two  more  jufticcs. 

3  Concerning  which  power  of  one  jullice,  it  is  enadled  as  fol- 
lows : 

yffter  complaint  made  to  fuch  jujlice,  hy  the  party  grie<ved,  of 
a  forcible  evtry  jnads  into  lands,  tenements,  or  other  pojftjjions,  or 
forcible  holding  thereof,  he  frail  nvithin  a  convenient  time,  at  the 
cofis  of  the  party  grifved  (without  any  examining  or  ftanding  upon 
the  right  or  title  of  either  party)  take  fuficient  poiver  of  the  county, 
and  go  to  the  place  nvhere  fuch  force  is  made.  15  R.  2.  C.  2, 
8  H.  6.  c.  9    f,  2.     Dalt,  c.  44. 

Complaint hy  the  party  grie'^)cd~\   Yet  thefe  words  do  not 

inforce  any  neceffity  of  fuch  a  complaint;  for  it  is  holden,  that 
the  juftice  may  and  ought  to  proceed,  upon  any  information  or 
knowledge  thereof  whatfoever,  tho'  no  complaint  at  all  be  brought 
unto  him,  by  any  party  grieved  thereby.     Lamb.  147. 

Ponjcer  of  the  county]  All  people  of  the  county,  as  well  the 
flieriifs  as  other,  flisll  be  attendant  on  the  juflices,  to  arreft  the  of- 
fenders; on  pain  of  imprifonment  and  fine  to  the  king,  i^  .^.  2. 
c.  2. 

4.  And  if  the  doors  be  fhut,  and  they  within  the  houfe  Ihall 
deny  the  juftice  to  enter,  it  feems  he  may  break  open  the  houfe, 
to  remove  the  force.     Dalt.  c.  44. 

5.  And  if  after  fuch  entry  made,  t\^e]\i^ice  fhall  fnd fuch  force', 
he  pall  caufc  the  offenders  to  be  arnjied.  I  5  R.  2.  C.  2.  8  H.  6. 
C.  9.    f.  2. 

6.  He  Ihall  alfo  take  aivay  their  iveapons  and  armour,  and  cauft 
thrm  to  be  appraifed,  and  after  to  be  anpivered  to  the  king  as  for- 
feited, or  the  <value  thereof       2  Ed.  3     c.  3. 

7.  Alfo  fuch  jullice  ought  to  make  a  record  (  B  )  of  fuch  force  by 
him'viiived;  which  record  (hall  be  a  fufficient  conviftion  of  the 
offenders,  and  the  parties  fiiall  not  be  allowed  to  traverfe  it  :  And 
this  record,  being  made  out  of  the  fefTions,  by  a  particular  jufiice, 
may  be  kept  by  him  ;  or  he  may  make  it  indented,  and  certify 
the  one  part  into  the  king's  bench,  or  leave  it  with  the  clerk  of  the 
peace ;  and  the  other  part  he  may  keep  himfelf  For  this  view 
of  the  force  by  the  jullice,  being  a  judge  of  record,  maketh  his 
record  thereof,  in  the  judgment  of  the  law,  as  ftrong  and  effedlual, 
as  if  the  offenders  had  confefl'ed  the  force  before  him ;  and  touch' 
ing  the  reftraining  of  traverie,  more  efi'edtual,  than  if  the  force  had 
been  found  by  a  jury,  upon  the  evidence  of  others.     (That  \i, 

as 


I 


S^otcMt  tnttv  an&  utaintt.      433 

as  to  the  fine  and  imprlfonment,  but  not  as  to  reftitution.)   15  i?.  2. 
c.  2.     Dalt.  c,  44. 

8.  And  the  offenders,  being  arrefted  (as  before  is  faid),  Jhall 
he  put  in  the  next  gaol  (  C  )  there  to  abide  con-viQ  by  the  record  of 
the  fame  jujlice,  until  they  bwve  made  fine  and  ranfom  to  the  king. 
15  R.  2.  c.  2. 

Shall  be  put  in  the  next  gaol'\  It  is  faid,  that  the  juftlce  hath  no 
power  to  commit  the  offender  to  gaol,  unlefs  he  do  it  upon  his 
own  view  of  the  fail,  and  not  upon  the  jury  finding  the  fame 
afterwards.     Dalt.  c.  44.     i  //«au.  142. 

And  if  fuch  offenders,  being  in  the  houfe  at  the  coming  of  the 
juftice,  fhall  make  no  refiflance,  nor  make  fhew  of  any  force, 
then  the  juftice  cannot  arreft  or  remove  them  at  all  upon  fuch  view.' 
Dalt.  c.  44, 

But  howfoever,  if  the  force  be  found  afterwards,  by  the  in« 
quiry  of  the  jury,  the  juftice  may  bind  the  offenders  to  the  peace; 
and  if  they  be  gone,  he  may  make  his  warrant  to  take  them,  and 
may  after  fend  them  to  the  gaol,  until  they  have  found  fureties 
for  the  peace.     Dalt.  c.  44. 

Note;  iVIr.  Dalton  in  this  place  fays  good  hJiU'viour^  which  I 
have  prefumed  to  alter  to  the  peace,  as  deeming  it  much  the  fafer; 
and  not  being  fufficiently  fatisfied  concerning  the  power  of  a  ju- 
ftice of  the  peace  to  bind  to  the  good  behaviour  in  the  like  cafes, 
which  power  Mr.  Dalton  hath  enlarged  more  than  all  other 
authors,  without  any  afTiflance  from  the  commiffion  of  the  peace, 
or  any  aft  of  parliament,  other  than  had  been  for  above  200  years 
before. 

Until  they  have  made  fine"]  H.  i  G.  2.  K.  and  Sir  Edmi 
Ellcwel.  He  was  brought  up  upon  a  habeas  coi-pus,  with  a  re- 
turn of  the  caufe  of  his  commitment,  which  was  upon  a  convic- 
tion of  forcible  entry  and  detainer.  And  it  being  moved  to  dif- 
charge  him  upon  exceptions  to  the  commitment,  the  court  refufed 
to  enter  into  the  confideration  of  them,  till  the  conviftion  was 
likewife  regularly  removed  before  them.  But  by  confent  he  was 
bailed  in  the  mean  time.  And  this  term  the  conviction  being  be- 
fore the  court,  it  appeared  that  there  was  no  fine  fet  by  the  ju- 
ftices,  and  it  was  therefore  moved  to  be  quafhed.  It  was  agreed 
on  both  fides,  that  there  fhould  be  a  fine  ;  but  it  was  infirted,  that 
it  being  now  before  the  king's  bench  by  a  certiorari,  they  might 
fet  the  fine.  But  by  the  court.  We  are  not  to  execute  the  judg- 
ment of  an  inferior  court.  The  conviftion  is  to  be  upon  view, 
and  they  who  view  the  nature  of  the  force  are  the  propereft  judges 
what  fine  to  fet ;  and  though  a  certiorari  fhould  come  before  the 
fine  is  fet,  ye:  it  would  be  no  contempt  in  the  juftices  to  compleat 
their  judgment  by  fetting  one.  Lambard  indeed  was  of  opinion, 
that  the  juftices  could  not  fet  the  fine  at  all ;  but  upon  what  foun- 
dation we  can  never  imagine.  The  juftices  are  not  bound  to  do 
it  upon  the  fpot,  but  may  take  a  reafonable  time  to  confider  of 
the  fine  ;  becaufe  by  the  words  of  the  aft,  the  commitment  is  to 
be,  till  he  has  paid  the  fine.     The  conviftion  muft  be  quafhed, 

V  o  u  I,  f  f  and 


434      foitMt  tntxv  aim  uctat'net^ 

and  the  defendant  difcharged.  Sir.  794..  L.  Raym.  1515. 
Scj:  C.>.  1.   289. 

And  the  fame  was  likewifefolemnly  rcfolved  in  Ltighton\  cafe; 
and  that  the  jullice  may  aiiefb  the  lame,  either  before  the  convic- 
tion or  alter.      I  Hiiot'.  142. 

And  the  fine  miill  be  aficffed  upon  every  offender  feverally,  and 
not  upon  them  jointly;  and  the  jullice  oughc  to  eftreat  the  fine, 
and  to  fend  the  ertreat  into  the  exchequer,  that  from  thence  the 
fheriff  may  be  commanded  to  levy  it  for  his  majefty's  ufe.  Dalt. 
c.  44. 

But  upon  payment  of  the  fine  to  the  (herifF,  or  upon  fureties 
found  (by  recognizance)  for  the  payment  thereof,  it  feemeth  that 
the  jullice  may  deliver  the  offenders  out  of  prifon  again  at  his 
pleafure.     Dalt.  c.  44. 

9  And  fo  much  concerning  removing  the  force:  But  the  party 
oufted  cannot  be  reffored  to  his  poffefTion  by  the  juftice's  view  of 
the  force ;  nor  unlefs  the  fame  force  be  found  by  the  inquiry  of  a 
jury. 

Concerning  which  it  is  ena6led  as  follows :  At.-d  tho'  that  the 
ferfons  making  Juch  entry  be  prefent,  or  elfc  departed  before  the  coming 
of  the  jufice;  he  niny  not^aiithfanding  in  fame  good  toifjn  next  to  the 
tenements  fo  entred,  or  in  fame  other  convenient  place  by  his  difretton 
(and  that,  tho'  he  go  not  to  fee  the  place  where  the  force  is ; 
Dalt.  c.  44.)  ha^'e  poivcr  to  inquire  by  the  people  of  the  county,  as 
nvell  of  them  that  make  fiich  forcible  entry,  as  of  them  'which  hold 
the  fame  <v:ith  force.      8  H.  6.   C  9.   f.  3. 

10.  In  order  to  which,  the  jujiice  Jhall  make  his  precept  [Ti]  to 
the  fjeriff,  commanding  him  in  the  king''s  behalf,  to  caufe  to  come' 
before  him,  fuficient  and  indifferent  perfons,  diuelling  next  about  the 
lands  fo  entred,  to  inquire  of  juch  entries  ;  nx; hereof  e'very  man  Jhall 
ha've  lands  or  tenements  of  \o%.  a  year,  abo've  reprizes.  And  the 
fheriff  Jhall  return  iffues  on  every  of  them,  at  the  day  of  the  firji 
precept  returnable  20  s.  and  at  the  fecand  day  40  s.  and  at  the  third 
day  ICO  s.  and  at  every  day  after  double.  And  the  Jheriff  making 
dejault,  Jhall  on  conviction  brjore  the  fame  jujiice,  or  bejorc  the  judge 
of  ajjize,  forfeit  20  1.  half  to  the  king,  and  half  to  hirn  v.  ho  Jhall 
J'ue,  ivith  cofs  ;  and  moreover  Jhall  make  fine  and  ranfom  to  the  king, 

8  H.  6.  c.  9.  f.  4,  5. 

Before  the  fame  jufice]  And  the  juftice  may  proceed  againft  the 
fheriff  for  this  default,  either  by  bill  at  the  luic  of  the  party,  or 
by  indidment  at  the  fuit  of  the  king.     Dalt.  c.  44. 

1 1 .  And  the  defendant  alfo,  if  he  is  not  prefent,  ought  to  be 
called  to  anfwer  for  himfclf;  for  it  is  implied  by  natural  juftice, 
in  the  conftrudion  of  all  laws,  that  no  one  ought  to  fufFer  any 
prejudice  thereby,  without  having  firft  an  opportunity  of  defend- 
ing himfelf.     1  Ha-jv.  154. 

I  2.  And  it  feems  to  be  fettled  at  this  day,  that  if  the  defendant 
tender  a  traverfe  of  the  force,  the  jullice  ought  not  to  make  any 
reftitution,  till  the  traverfe  be  tried,      i  Han^u.  154. 

13.  The  defendant  may  alfo  by  the  31  f/.  r.  11.  plead  three 

years  poffejfion  j  whereby  it  is  enaded,  that  no  refit ution  upon  an 

■■    "  2  indiSment 


\ 


fojtiblt  tnttv  ano  detainer/      435 

ittdiSfntitt  of  forcible  entry,  or  hoiding  n<:ith  force,  fkall  he  made,  if 
the  prrfon  indiftid  ha've  had  the  occupation,  or  been  in  qititt  poffrffion- 
for  three  years  together  next  bfore  the  in  diciment  found,  and  bis  ejiate 
therein  not  determined',  and  rejiitution  jhall  ftoy  till  that  he  tried: 
and  if  it  is  found  againjl  the  farty  indited,  he  Jhail  pay  fuch  cojis 
and  damages  as  the  judg.s  or  jufiices  Jhall  af)fs  ;  to  be  recovered  as 
cofs  and  damages  in  judgments  on  other  aBiovs. 

And  it  hath  been  holden,  that  the  plea  of  fuch  pofieflion  is  good, 
without  fhewing  under  what  title,  or  of  vvhat  eftate  fu'ch  poilefilon 
was ;  becaufe  it  is  not  the  title,  but  the  poiTeir; on  only,  which  is 
material  in  this  cafe,      i  Hanx.  152. 

14.  And  it  was  holden  by  the  court  in  Zf/^^/^w's  cafe,  that  if 
the  defendant  fhaJl  either  traverfe  the  entry  or  the  force,  or  plead 
that  he  has  been  three  years  in  jxtfieffion,  the  jaitice  may  fummon 
a  jury  for  the  trial  of  fuch  traverfe,  for  it  is  iirpolfible  to  deter- 
mine it  upon  view;  and  if  the  juitice  have  no  power  to  try  it,  it 
would  be  eafy  for  any  one  to  elude  the  fiatute  by  the  tender  of 
fuch  a  traverfe,  and  therefore  by  a  neceiTary.conftvuftion  the  ju-  : 
ftice  mull  needs  have  this  power  as  incidental  to  what  is  exprcfly 
given  him.      i  Hanx).  142. 

1 5.  And  this  traverfe  muft  be  tendred  in  writing,  and  not  by  a 
bare  denial  of  the  fad  in  words ;  for  thereupon  a  'venire  facias  • 
muft  be  awarded,  a  jury  returned,  tne  iffue  tried,  a  verdid  found, 
and  judgment  given,  and  cofts  and  damages  awarded;  and  there 
muft  be  a  record,  which  muft  be  in  writing,  to  do  all  this,  and 
not  a  verbal  plea.     Dalt.  c.  133.      \  Haiu.  154. 

16.  Upon  which  traverfe  tendred,  the  juftice  ihall  caufe  a  new 
jury  to  be  returned  by  the  llierifF,  to  try  the  traverfe;  which  may 
be  done  the  next  day,  but  not  the  fame  day,     Dalt.  c.  133. 

17.  And  it  feemeth,  that  he  who  tendreth  the  traverfe,  fhall 
bear  all  the  charges  of  the  trial ;  and  not  the  king,  or  the  party 
profecuting.     Dalt.  c.  133. 

18.  And  if  fuch  forcible  entry  or  detainer  be  found  (E)  before 
fuch  jufice,  then  the  f aid  juftice  fhall  <aufe  to  refeif  (  F  )  the  lands  • 
and  ttnentents  fo  cntred  or  holden,  and  /hall  rtfiore  the  party  put  out, . 
to  the  full  poffefjion  of  the  fame.      8  H.  6.    C.  9.   f  3. 

The  fdid  jujiicel  It  feems  to  be  agreed,  that  no  other  jaftices  of 
the  peace,  except  thofe  before  whom  the  indiftment  Ihall  De  found, 
ftiail  have  any  power  cither  at  the  feffions  or  out  of  it,  to  make 
any  award  of  reftitution.      i  Haiv.  152. 

Shall  cavfe  to  refei/e']  And  the  juftice  may  break  open  the  houfe 
by  force,  to  refeife  the  fame ;  and  fo  may  the  Iheriff  do,  having  - 
the  juftice's  warrant.     Dalt.  f.  44. 

Refeife]  That  is,  Ihall  remove  the  force,  by  putting  out  all  fuch 
offenders  as  fhall  be  found  in  the  houfe,  or  upon  the  lands,  that 
entred  or  held  with  force.     Dalt.  c.  130. 

And  Jhall  rejiore  the  party  put  out]  And  this  he  may  do  in  his 
own  proper  perfon  ;  or  he  may  make  his  warrant  to  the  fherift'  to 
doit.     Dalt,  f .  44.      1  Haiv.  151,  2. 

F  (  2  ig.  And 


43^      iFojciible  tnttv  atiD  uetainet. 

19.  And  by  21  y.  f.  15.  it  is  enafted,  that  fucbjuJges,  jujliceu 
or  jujiice  of  the  feace^  as  may  give  reJUtution  ur.to  tenants  of  any 
efate  of  freehold,  may  giije  the  like  unto  tenants  for  term  of  years  ^ 
tenants  by  copy  cf  court  roll,  guardians  by  kmghi^s  fr'victy  tenants 
by-elegit,  fatute  merchant  and  Jiaple,  cf  lands  or  tenements  by  them 
f)  bolden,  ijohich  fball  be  entrtd  upon  by  force^  or  holden  from  them 
by  force. 

VI.   How  punijhahk  on  a  certiorari. 

Although  regularly  the  juftices  only  who  were  prefent  at  the 
inquir}',  and  when  the  indidtment  was  found,  ought  to  award  re- 
ftitution ;  yet  if  the  record  of  the  prefentment  or  indidlment  (hall 
be  certified  by  the  juftice  or  juftices  into  the  king's  bench,  or  the 
fame  prefentment  or  indidment  be  removed  and  certiEed  thither 
by  eertiorari,  the  juftices  of  that  court  may  award  a  writ  of  re- 
ftitution  to  the  fherifF,  to  reftore  pofl'effion  to  the  parry  expelled  : 
for  the  juftices  of  the  king's  bench  have  a  fupreme  authority  in  all 
cafes  of  the  crown.     Dalt.  t.  44. 

Alfo  where  upon  a  removal  of  the  proceedings  into  the  king's 
bench  the  conviftion  (hall  be  quafhed,  the  court  will  order  refti- 
tution  to  the  party  injured.  As  in  the  cafe  of  K.  and  Jones,  M. 
8  G.  A  convidion  of  forcible  entry  was  quafhed  for  the  old  ex- 
ception of  m:ffutige  or  tenement,  by  reafon  of  the  uncertainty; 
but  the  reftitution  was  oppofed,  on  an  affidavit  that  the  party's 
title  (which  was  by  leafe)  was  expired  fince  the  convidion.  Bui 
the  court  faid,  they  had  no  difcretionary  power  in  this  cafe,  but 
were  bound  to  award  reftitution  on  quafhing  the  convidion. 
5/r.  474. 

VII.   How  pimjhahle  as  a  riot. 

li  a  forcible  entry  or  detainer  (hall  be  made  by  three  perfons 
or  more,  it  is  alfo  a  riot,  and  may  be  proceeded  againft  as  fuch, 
if  no  inquiry  hath  before  been  made  of  the  force.     Dalt.  c.  44. 

A.     Indictment  for  a  forcible  entry  and  detainer  at 
common  law, 

Weftmorland.  -^  ■  "•  H  E  jurors  for  our  lord  the  h'ng  upon  their  oath 

X      prefent,  that  A.  O.   late  if in  the 

county  aforefaid,  gentleman^  and  B.  O.  late  of  the  fame,  yesman, 
together  nvith  di-vtrs  other  fnalefadiors  and  difurbers  of  the  peace  of 
our  faid  lord  the  king  (lohofe  names  to  the  jurors  aforefaid  are  ytt 

unknowun)  on  the  • day  cf in  the year  cf  the 

reign  of 'ivith  force  and  arms,  at afor,faid,  in  the 

county  aforefaid,  unlaivfully  and  injuriorfy  did  enter  into  a  certain 
barn  and  a  certain  orchard,  then  and  there  bang  in  the  poffeffon  of 
one  A.  I.  and  that  the  faid  A.  O.  and  B.  O.  together  'with  the  faid 
other  malefaBors,  then  and  there,  ivith  force  and  arms,  unlan.'. fully 
and  injurioujlj  did  expel,  amove,  and  put  out  the  faid  A,  I.  from 

the 


foicMt  tnttv  anu  Dctai'nen      437 

/Le  pojftjjion  r^f  the  /aid  barn  and  orchard,  and  the /aid  A.  \.  fo  as 
afortfuid  exptllt'd,  amoijed,  and  put  out  from  the  pojftjjlon  of  the  faid 
ham  ana  orchard,  thtn  and  there,  iKiith  Jorce  and  arms,  unla'ufuily 
and  injurioujiy  did  keep  out,  and  fill  do  keep  out,  to  the  great  da- 
mage of  him  the  fid  A.I.  and  againf  the  peace  of  our  faid  lord  the 
king,  his  croiAjh  and  dignity. 

Indiflment  on  the  ilatute. 

Weftmorland.  '    ■  "•  Yi"^  jurors  for  our  lord  the  king  upon  their  oath 


prifent,    that    A.    1.    latt    of  the   parijh    of 
in  the  county  ofrcfaid,  gentleman,  on  the  '   •  day  of 

the year  of  the  reign  of  ivas  poffeffed 


ef  a  certain  meffur,ge,  nuith  the  appurtenances,  ftuate,  lying,  and 
being  in  ■  in  the  parifly  afortfaid,  in  the  county  aforefaid,  for 

a  certain  term  of  ycc.rs,   then  and  jiill  to  come,  and  unexpirid,  and 

being  fo  poffef'ed  t  her  erf  one  A.  O.   late  of in  the  faid 

county,  yeoman,  ( ft f  rewards,  to  <wit,  the  faid  day  nf——— 

in  the  year  aforif.iid,  into  the  faid  nuffuage,  luith  the  appurtenances 
aforefuid,  in  ■  aforefaid,  in  the  purijh  and  county  aforefaid^ 

ixith  force  and  arms,  and  iJuiih  frong  hand,  unlanjjfully  did  enter ^ 
and  the  fuid  A.I.  from  the  peaceable  poffejffion  of  the  faid  tnefiiage, 
nuith  the  appurtenances  aforefaid,  then  and  there  luith  force  and 
arms,  and  luith  frong  hand,  unla'ufuily  did  expel  and  put  out,  and 
the  faid  A.I.  from  the  po(f(ffion  thereof,  fo  as  aforefaid,  nuith  force 
and  arms,  and  iicith  frong  hand,  being  unlanxfufy  expelled  and  put 
out,  the  faid  A.  O.  him  the  faid  A.I.  from  the  aforefaid  ■  ■■■  — 
day  of  "  in  the  year  aforefuid,  until  the  day  of  the  taking 

this  inquiftion,  from  the  poffejfon  of  the  faid  meffuagc,  ivith  tht 
appurtenances  aforefaid,  ivith  force  and  arms,  andvjith  Jlronghandf 
unla'vjfully  and  injurioufy  then  and  there  did  keep  out,  and  fill  doth 
keep  out,  to  the  great  damage  of  the  faid  A.  I.  againfl  the  peace  of 
our  faid  lord  the  king,  and  againf  the  form  of  the  Jiatutes  in  that 
cafe  made  and  provided. 

Note;  If  it  is  a  freehold,  then  the  party  muft  be  faid  to 
ht  feifd  thereof  in  his  demefne  as  of  fee;  and  confequently  he 
muft  be  thereof  diffcifed:  otherwife  if  it  is  of  a  lefler  eftate,  of 
which  he  is  not  properly  faid  to  be  feifd,  but  poffelTed  thereof, 
at  the  will  of  the  lord,  according  to  the  cuftom  of  the  manor, 
or  the  like,  and  then  he  rouft  be  expelled,  ejeSed,  amoved,  or 
the  like. 

B.     Record  of  a  forcible  detainer  upon  view. 

Note,  That  the  books  upon  the  oiHce  of  a  juflice  of  the  peace 
do  generally  fet  forth,  that  the  record  ought  to  be  in  the  prefent 
tenle,  and  not  in  the  time  paft  (and  herewith  do  accord  the  ad- 
judged cafes  in  the  court  of  king's  bench,  Str.  44.3  ) ;  yet  never- 
thelefs  they  do  all  exhibit  the  form  of  a  record  in  the  time  paft, 
and  rot  in  the  prefent  :  Therefore  I  have  taken  the  liberty  to  alter 
the  fame,  from  the  record  in  L.  Ray?mnd  of  the  convi(flion  of 

F  f  3  Sii 


430       ifojcfalc  tnttv  anD  netatner* 

Sir  Edm.  El'-ivei/  aforc{aid,  and  others ;  adding  the  fine  thereunto, 
for  the  wane  of  wfucti  that  convidion  was  qualhcd.  And  I  have 
given  the  [orrij  of  a  record  of  a  forcible  r/, /fl/'?/^r,  rather  than  of  a 
-Forcible  tntiy,  bccauie  the  jartice  for  the  moll  part  cannot  be  fup- 
••  pofed  to  be  preicnt  at  the  entry,  as  not  having  knowledge  thereof 
until  afccr  cne  entry  is  made. 

Kent,   TQ  ^  ^  rcmemhred,  that   on  the  l^th  day  ^^  Sep    in  the 
to  wit.  X)  fi>'J^ year  of  the  reign  nf  our  foxenign  lord  George  the 
'fecohd  cf  Vjie.it  '^ntiiwx,  France,  <777<^  Ireland,  kin^,  dftudir  of  the 
faith,  and  fo  fort  hy  at  Beckingham  in  the  county  of  Kent  afre^ 
Jaid,  Eliz.  Elwell   conijaintd  to   us   E.  B.    P.  B.  and  W.  P.   three 
of  the  jujiices  of  our  faid  lord  the  king  ajfgned  to  keep  the  peace  in 
the  faid  county,   and  atfo  to  bear  and  dt  t ermine  di'vcrs  flonieSy  tref- 
pajjes,  and  other  nifdtmcanors  in  the  faid  county  committed,  that  Sir 
£dm.  Elwell,  late  of  London,  baronet,   I.  B.  and  D.  M.   into  the 
mrjjitnge  of  her  the  fuid  E.  E.   being  iht  manfion  h'juf   cf  her  the 
'Jutd   E.    £.    ccdiid  Langley    houfe,   fituate   ivitbin   the  parifrt  cf 
Beckingham  afr.fiid,    did  enter,  and  her  the  faid  E.  E.    rf  the 
.  mtf'uage  afore  jaid,  KKhcrcof  the  fame  E.  E.  at  the  time  of  the  entry 
aforcfaid  nvas  f-ifed  as  of  the  freehold  of  her   the  fid   E.  E.  for 
the  term  of  her  life,   unlaiv fully  cjeffed,   expelled,  and  amo'vcd,  and 
the  fuid  7neffuage  from  her  the  faid  El.  E.  unlaiifully^  n.'jith  frong 
hand  ana  armed  poixer,  do  yet   hold  and  from  her  detain,  againji 
.the  forvi  cf  the  jintute  in  fuch  cafe  made  and  pro-vidid;    •nxkere- 
upon  the  fame  El.  E.  then,  to  icit,  on  the  fuid  l  ^th  day  of  Sep. 
^at  the  parijh   (^  B    aforefaid,  prayeth  of  us,  fo  as  aforefaid  being 
jufiices,   to  her  in  this  behalf  that  a  due  remedy  he  pronjided,  accord- 
ing to  the  form  of  the  fatute  aforefaid :   Which  comilaint  and  j-rayer 
by  us  the  aforefaid  jujiices  b/irg  heard,  ive  the  cforifdd  E.  B    ba- 
ronet,  P.  B.   and  VV.  P.   efquirts,  jtftices  aforefaid,   to  the  KiJ/'uage 
afortfaid  perfona'ly  ha^ve  come,  and  do  then  and  there  find  and  ]•  e  the 
-aforefaid  Edm.  E.    I.- B.   and  D.  M.   the  afonf.id meffuage,  n^jith 
force   and  arms,    unlanvfully,  nx:ith  fi'ong  hand  and  armed  pcivery 
detaining,    againji  the  form   of  the  fiatute  in  fuch  cafe   made  and 
pro'vided,  according  as  Jhe  the  fame  El.  E.  yJ  as  is  aforej'aid  hath 
unto  us  complained :    Therefore  it  is   eonfidered  by   us   the  afcrifaid 
jufiices,    that  the  aforefaid  Edmund  Elwell,   Jofeph    Billers,    and 
.  Daniel  Monty,  of  the  detaining  aforefaid  ivith  firong  hand,   by  our 
OTun  proper  'vieiv  then  and  there  as  is  aforefaid  had,  are  coni:iSedy 
and  e'uery  of  th.m  iscon-viSed,  according  to  the  form  of  the  fiatute 
af or  faid;   li' hereupon  nve   the  jufiices  aforefaid,  upon  et'ery  cf  the 
aforefaid  Ed.  E.    J.  B.  and  D.  M.   do  ft  and  impofe  fcuerally  a 
fne.Bf  lol.  of  good  and  laivful  money  of  Great  Britain,  to  be  paid 
by  them  and  e^very  of  them  Jenierally  to  our  faid  fo-vereign  lord  the 
'king,  Jor  the  faid  offences;  and  do  caufe  them,  and  e<very  of  themy 
then  and  there  to  be  arrefied;  and  the  farne  Ed.  E.   J.  B.   and  D.  M. 
being  connjiSled,  and  every  of  them  being  con'viSed  upon  our  civn  pro- 
per 'vieiv,  cf  the  detaining  aforefaid,  nvith  firong  hand  as  is  afore- 
faid, by  us  the  aforefaid  jufiices  are  committed,  and  en)ery  of  them  is 
committed,  to  the  gaol  of  our  faid  lord  the  king,  at  Maidftone  in  the 
tounty  of  Kent  aforefaid,  being  the  next  gaol- to  the  meffuage  afore- 
faid. 


I 


I 


foicMt  mttv  ant)  Betatntt.      439 

fai^,  there   to   abide  rrfpeSii-vely,  until  they  Jhall  have  paid  their 
find  ffuerctl  fines  iffpeSii'dy,  to  our  /aid  lord  the  king,  for  their 

refpeiiive  offences  afoi  efaid.      Concerning  H.vhich  the  prtmiffes  afqre- 
•(iiid,  nve  do   make   this  our   record.      In  nji-itnefs  nju hereof  nve  the 

tifoi  efaid  ¥j.  ^.baronet,   P.  B.  and^.  P.  tfquireSy  the  juflices  afore- 

faid,   to  this  record  our  hands  and  fci-ls  do  Jet,  at  the  par-ijh  of  B. 

of')r,jaid,  in  the  county<  rf  Kent  tforifaid,   on  the  i  :^th  day  of  Sep. 

in  the  frji  year  cfortjaid  of  the  riign  of  our  fid  fo'vercign  lord  the 

^unu  king, 

E.  Bettenfon, 
P.  Barrel. 
W.  PalTenger. 

C.     Mittimus  for  forcible  detainer. 

Weftmorland.  1"^  DWARD  HafTel,  efquire,  one  of  thrjufkes  of 
1    y   cur  fo'vereign  lord  the  king's  m^jcfy,  aff.gned  to 
keep  the  feace  li^ithin  the  faid  county  of  W.   and  aljo  to  hear  and  de- 
termine di'vers  felonies,  tref^inffes,  and  other  mi fdtmeaTwrs  in  the  faid 

■  county  commit t cd  ;    To  the  keeper  of  his  majefys  gaol  at in 

the  faid  county,  and  to  his  deputy  and  deputies  there,  and  to  e^uery  of 
them,  greeting.  Whereas  upon  complaint  made  unto  me  this  prefent 
day,  by  A.  I.  of in  the  faid  county,  yeoman,  I ivent  imme- 
diately to  the  divelliiig  houfe  of  the  fetid  A.  I.  at afjr efaid 

in  the  faid  county,  and  there  found  A.  O.  late  oj labourer^ 

B.  O.  late  of  the  fame,  ivca-ver,   and  C.  O.  late  of butcher^ 

forcibly,  nvith  frong  hand  and  armed  poiver,  holding  the  fnid  bovfe, 
againji  the  peace  of  our  faid  lord  the  kitig,  emd  againf  the  form  of 
the  fiatute  in  fuch  cafe  made  and  pronjid.d :  7 here/ore  1  fend  \cu,  by 
the  bringers  hereof  the  bodies  of  the  faid  A.  O.  B.  O.  and  C  O. 
con'uidtd  of  the  Jaid  forcible  holding,  by  mine  o^vn  <vie'vu,  tefiimotiy, 
and  record ;  commanding  you  in  his  faid  majefys  name,  to  recei-je  them 
into  your  faid  gaol,  and  there  f'afely  to  ki,p  them,  and  e'vcry  of  the-m 
refpeSiively,  until  they  Jhall  ha^ve  nfprcli'vrly  paid  the  f ever al  fufn 
of  \o\.  of  good  and  lanvful  money  oJ  Great  Britain,  to  our  faid  fo' 
fvereign  lord  the  king,  ivhich  I  ha'ue  ft  and  imp/fed  upox  e'vcry  if 
them  fparately,  fjr  a  fine  and  rnrj'omfor  their  fnid  trcfpaffes  rtfpec- 
timely.  Herein  fail  you  not,  at  the  peril  that  mny  Jollo~'j  thereof, 
Ginjen  at  -  afoi-efuid,   in  the  county  aforefaii,  under  my  feal^ 

the da'^  cf in  the year  of  the  reign  oJ"  our 

faid  fovereign  lord  king  George  the  fcond. 

Note  ;  By  the  forms  in  all  the  books,  all  the  ofTenders  ftand 
committed  until  all  have  paid,  fo  as  that  the  firil  fhall  not  be  dif- 
charged  on  payment  of  his  own  fine,  but  contiiiue  until  all  the 
rert  have  paid  likewifc ;  which  feems  imreafonable,  and  is  not 
warranted  by  the  llatute. 


Ff4  D,     Precept 


440      5ro?c<Die  tnitv  anu  Detainer* 

D.     Precept  to  the  fheriflf  to  return  a  jury. 

Weftmorland.  T  T  E  N  R  Y  Aglionby,  efquire,  one  of  thejufiias 
X  \  of  our  lord  the  king,  c'ffigned  to  keep  the  peace 
\n  the  faid  county,  and  alfo  to  hear  and  determine  di'vers  flonies, 
trcfpaffcSy  and  other  mifdemeanors  in  the  faid  county  committed;  To 
the  Jttriff  of  the  faid  county,  greeting :  On  behalf  of  our  faid  lord 
the  king,  1  ccmmand you,  that  you  caufe  to  come  before  me  at  ^— — — 

in  the  county  aforefaid,  on  the day  of  next  enfuing, 

tiuenty-fcur  fuf.citnt  and  indifferent  men,  of  the  neighbourhood  of 
—  •  aforrfaid,  in  the  county  aforefaid,  every  of  ixhom  Jhall  hone 
lands  or  tenements  rf  j^os.  yearly  at  the  ler.ji,  abate  reprizes,  to  in- 
quire  upon  their  oaths  for  our  faid  lord  the  king,  of  a  certain  entry 
made  nuitb  frong  hc.nd  (as  it  is  faid ^  into  the  meffuage  of  one  A.  I. 
at  •  aforefaid,  in  the  county  aforefaid,  againft  the  form  of  the 
flatute  in  fuch  cafe  made  ar.d  prcvidtd.  Jnd  you  are  to  return  upon 
£'very  of  the  jurors  by  you  in  this  behalf  to  be  impanelled,  20  s.  of 
ijfues  at  the  aforefaid  day.  And  ha've  you  then  there  this  precept. 
And  this  you  fkall  in  no  njoife  omit,  upon  the  peril  that  Jhall  thereof 
,    erfue.      Wiinefs  the  faid  J.  Y.  at  •  in  the  county  aforefaid, 

^he —  day  of in  the    -  ■         »   year  of  the  reign 


?/"■ 


The  jurors  oath. 


Y 


O  U  foall  true  inquiry  and  prefentment  make  of  all  fuch 

things   as  fJ^all  come  before  you,  concerning  a  forcible  entry 

[or,  detainer']^  f  id  to  ha've  been  lately  committed  in  the  chiselling 

houje  of yeoman,  at in  this  county;  you  Jhall 

fpare  no  one  for  fa^vour  or  affetlion,  nor  grieve  any  one  for  hatred 
or  ill-ixill,  hut  proceed  herein  according  to  the  beji  of  your  knonu- 
ledge,  and  according  to  the  evidence  that  Jhall  be  given  to  you :  So 
help  you  god. 

The  oath  that  A .  F.  your  foreman  hath  taken  on  his  part,  you 
und  every  of  you  Jhall  truly  objerve  and  keep  on  your  parts  :  So  help 
ycu  god. 

E.     The  inquifition,  Indicflment,  or  finding  of  the 

Weflmorland.    A    N  iKquiftion  for  cur  fvereign  lord  toe  king,  in^ 


A 


fhe  — —  day  rf /«  the  ■  year  of  the  reign  cf  •    ■■■    ■■ 

l^y  the  oaths  'f gocd  and  lavuful  men  of  the  fuid  county, 

before  J.  P  efquire,  one  cf  the  jufices  of  cur  faid  lord  the  kir^g, 
ejjigned  to  keep  the  peace  in  the  faid  county,  and  alfo  to  bear  end 
determine  divers  felonies,  trtfpaffes,  and  ether  mifdemeanors  in  the 
jame  county  committtd,  v.'ho  Jay  upon  their  oaths  rforefiiJ,  that 
A.  I.  cf  ————  aforefaid,  yeoman,  long  ftnce  lanxfully  and  peace- 
ably tuas  Jcifed  in  bis  dtmtjne  ^s  cf  fee  [if  ic  is  not  fieehold,  then 


ifo^cfble  tnttv  ana  utt&intu      441 

fay,  pojfej/ed']  of  and  in  one  mcjfuage,  ivith  the  apfurtenances,  in 
■  aforcfaidy    in  the  county   oforefaid,    and  his  /aid  pojfej/isn 

\and feijtn]  fo  continued  until  A.  O.   late  of -yeoman,   B.  O. 

fate  of  the  fame^  yeoman,    and  C.  O.  late  of  the  fame,   yeoman^ 

and  other  malefaQon  utikno'ivn,  the  — — —  day  of noiu  lap 

faji,  njjith  ftrong  hand  and  armed  poiuer,  into  the  mejfuage  afore- 
faid,  'with  the  appurtenances  aforefaid,  did  enter,  and  him  the  faid 
A.  I.  thereof  diffeifed,  and  'Uiitb  Jirorg  hand  expelUd;  and  him 
the  faid  K.  I.  fo  dijftiffd  and  expelled  from  the  faid  mejjuage  nvitb 

the  appurtenances  aforefaid,  from  the  Jaid-. — day  of 

until  the  day  of  the  taking  of  this  inquifetion^  luith  like  Jirong  hand 
and  armed  ponver  did  keep  out,  and  do  yet  keep  out,  to  the  great  diftur- 
bance  of  the  peace  of  our  faid  lord  the  king,  and  againji  theforpi 
cf  the  Jlatute  infuch  cafe  made  and prcvided. 

We  nxihofe  names  are  hereunto  ft,  being  the  jurors  ahcvefaid^ 
do  upon  the  e'vidences  noiu  produced  before  us,  find  the  int^ui- 
fition  aforefaid  true. 

A.  B. 

C.  D.  l£c. 

F.     Warrant  to  the  IherifF  for  reftitution. 

Weftmorland.  X  T  E  N  R  Y  Fletcher,  efquire,  one  of  the  jujiicet 

XT.  of  our  fo'verdgn  lord  the  king,  affigned  to  keep 
the  peace  in  the  faid  county,  and  alfo  to  hear  and  dcta-mine  di'vers 
felonies,  trcfpaffcs,  and  other  mifdemeanors  in  the  faid  county  com- 
mitted;  To  the  jheriff  of  the  faid  county,  greeting:  Whereas  by  an 
inquifition  taken  before  me  the  jujlice  aforefaid,  at  •  in  the 

(ounty  aforefaid,  on  this  prefent day  of  in  the 

year  of  the  reign  of upon  the  oaths  of 

and  by 'virtue  of  the  ftatutes  made  and  provided  in  cajes  of  forcible 

entry  and  detainer,   it  is  found,  that  A.  O.   late  of yeoman, 

and  B.  O.  late  of  ■yeoman,  en  the  '  day  of 

noiu  lafl  paf,  into  a  certain  nuffuage,  luith  the  appurtenances,  of 
A.  I.  of  aforejaid,  in  the  county  aforefaid,  gentleman, 
fituate,  lying,  and  being  at  •  aforefaid,  in  the  county  afore- 
faid, ivith  Jorce  and  arms  did  enter,  and  him  the  faid  A .  I.  thereof 
then  ivith  Jirong  hand  did  diffcife  and  driue  out,  and  him  the  faid 
A.  I.  thus  dri'ven  out  from  the  aforefaid  mcfuage  ivith  the  appur- 
tenances, from  the day  of aforefaid,   to  this  prefnt 

day  of  the  taking  of  the  faid  inquifition,  ixith  firong  hand  and  armed 
force  did  keep  out,  and  do  yet  keep  out,  as  by  the  inquifition  aforefaid 
more  fully  appearetb  of  record :  Therefore  on  the  behalf  of  our  faid 
fo'vereign  lord  the  king,  I  charge  and  command  you,  that  taking  ivith 
you  the  poiver  of  the  county  (if  it  be  needful  J  you  go  to  the  faid 
meffuage  and  other  the  premiffes,  and  the  fame  ivith  the  appurtenances 
you  caufe  to  be  refeifed,  and  that  you  cavfe  the  faid  A.  1-  to  be  refioreJ 
and  put  into  his  full  paffefiion  there  f,  according  as  he,  before  the 
entry  aforefaid  ivas  feifed,  according  to  the  form  of  the  ftid  fia- 
tuies.  And  this  you  fhall  in  no  ivife  omit,  on  the  penalty  thereon 
incumbent.     Ci'ven  under  my  hand  and  feal  at  •  .    •  in  the 

fM 


442  fmisn  ttxWt. 

/aid  county,    the day  of in  the ——  year  ef  the 

■reign  of  . 


irojcigti  feriice. 

Artificers.  1.  T^  ^  ^^  >  ^-  <"•  27.   if  any  perfon  fhall  contrafl  with,  enticf. 

_f3  or  endeavour  to  perfuade  any  manufacturer  or  anificer  in 
wool,  iron,  fteel,  brafs,  or  any  other  metal,  clocktnaker,  watch- 
maker, or  any  other  artificer  or  nianufafturer,  to  go  out  of  this 
kingdom,  into  any  foreign  country  out  of  his  majefty's  dooiinions, 
and  fhali  (on  profecution  in  i  2  months)  be  convided  thereof  on 
indictment  or  information,  in  the  courts  at  /v  ■  (Imivjitr,  affixes,  or 
feflions  of  the  county  where  the  offence  fhall  be  committed  ;  he 
ihall  for  the  f.ifl:  offence  be  fined  not  exceeding  ico/.  and  be  im- 
prifoned  for  three  months,  and  until  the  fine  be  paid  ;  for  the 
fecond  oiTence,  fiiall  be  lined  at  the  dilcretioa  of  the  court,  and  be 
imprifortfd  12  months,  and  till  the  fine  is  paid.     /  1,  2. 

And  if  any  fubject,  being  fuch  artificer  or  manufacturer,  fhall 
go  into  any  country  out  of  his  majelty's  dominion?,  to  exercife  or 
teach  any  the  faid  manufactories  to  foreigners,  or  if  any  fitb}edl 
who  fhall  be  in  any  fuch  foreign  country,  and  there  exercifing  any 
the  faid  manufadories,  fhall  not  return  in  fix  months  next  after 
warning  be  given  him,  by  the  ambaifador,  minifter,  or  conful, 
or  perfon  authorized  by  him,  or  by  a  fecretary  of  Itate,  and 
from  thenceforth  continually  inhabit  within  this  realm  ;  he  fh^U 
be  incapable  of  any  legacy,  or  of  being  executor,  or  adminiftra- 
tor,  and  of  taking  any  lands,  by  defcent,  devife,  or  purchale, 
and  forfeit  his  lands  and  goods,  and  be  deemed  an  alien,  and  out 
of  the  king's  protedion.    f  3. 

And  on  complaint  on  oath  before  ajuilice,  that  any  perfon  is 
endeavouring  to  feduce  or  draw  away  any  fuch  manuifadurer  or 
artificer,  or  that  be  hath  contraded  or  is  preparing  to  go  out  of 
the  kingdom ;  he  may  ilTue  his  warrant  to  bring  luch  perfon  be- 
fore him  or  fome  other  juftice;  and  if  it  fhall  appear  to  fuch 
juftice,  by  confefTion,  or  the  oath  of  one  witnefs,  tliat  fuch  perfon 
was  guilty  of  any  the  faid  offences,  he  may  bind  him  over  to  the 
next  affizes  or  feffions,  to  anfwer  the  premiffes ;  and  if  he  fhall 
upon  indidment  be  there  convided  of  any  fuch  promife  or  con- 
trad,  or  preparation  to  go  abroad  beyond  the  feas,  he  fhall  give 
fuch  fecurity  not  to  depart  out  of  the  realm,  as  fuch  court  fhall 
think  reafonable,  and  be  imprifoned  until  fuch  fecurity  be  given. 

And  by  the  23  G.  2.  c.  13,  If  any  perfon  fhall  contrad  with, 
or  endeavour  to  perfuade  or  feduce  any  artificer  in  the  manufac- 
tures of  Great  Britain,  to  go  into  any  foreign  country,  not 
belonging  to  the  crown  of  Great  Britain ;  and  fhall  be  thereof 
convided,  in  twelve  months,  in  the  king's  bench,  or  at  the 
affixes;  he  fhall  for  ^st.ty  fuch  perfon  forfeit  500/.  and  be  im- 
.     .  '  prifoned 


Jrozei'stt  fert)ice*  443 

prifoned  in  the  common  gaol  for  twelve  months,  and  till  payment 
of  the  forfeiture ;  and  for  a  fecond  or  other  fubfequenc  offence, 
fhall  forfeit  looo/.  and  be  imprifoned  two  years,  and  till  pay- 
ment.   /  I,  2. 

And  if  any  perfon  (hall  put  on  board  any  vefl'el  not  bound  di-' 
redlly  to  fonie  of  the  Britijh  dominions,  any  tools  or  utenfils,  or 
part  thereof,  proper  for  either  the  woollen  or  filk  manufadures  ; 
he  Ihall  forfeit  the  fame,  and  200/.     id.  f.  -i,. 

And  any  officer  of  the  cuftoms  may  feize,  and  fecure  in  fome 
of  the  king's  warehoufes,  all  fuch  tools  and  utenfils  as  (hall  be 
found  on  board  any  fuch  veflel";  anU  the  fame,  after  condemna- 
tion, fhall  be  publickly  iold.     id.  f.  4. 

And  if  the  mailer  or  captain  (hall  knowingly  permit  any  the 
faid  tools  or  utenfils  to  be  put  on  board  his  fliip;  he  ihall  forfeit 
ico/.  and  if  it  is  a  king's  Ihip,  he  ihall  alfo  forfeit  his  office, 
and  be  incapable  of  any  office  under  the  crown,     id.  f.  ^. 

And  if  any  ofhcer  of  the  cuiloms  fhall  take  any  entr}'  outward, 
or  fign  any  fufferance  for  Ihipping  or  exporting  any  the  faid  tools, 
or  knowingly  permit  the  fame  to  be  done;  he  fhall  forfert  100/. 
and  his  office,  and  be  incapable  of  any  office  under  the  crown. 

AH  which  faid  penalties,  on  this  aft,  fhall  be  half  to  the  king, 
and  half  to  him  that  fhall  profecute.     id   f.  j. 

2.   By  the  9  G.  2.  c.  30.      If  any  fubjeft  fhall  inlift,  or  enter  Soldien, 
himielf ;  or  if  any  perfon  fhall  procure  any  fubjed  to  inlift  or 
enter  himfelf,  or  hire  or  retain  any  fubjed,  with  intent  to  caufe 
him    to  inlill    pr  enter   himfJslf;    or  procure  any  fubjeft  to  go  , 

beyond  the  feas  or  imbark  with  intent  and  in  order  co  be  inlilted 
to  ferve  any  foreign  prince,  Itate,  or  potentate,  as  a  foldier, 
without  the  king's  leave  under  his  fign  manual  ;  he  fhall  be 
guilry  of  felony  without  benefit  of  clergy,    f.  i . 

And  offences  committed  out  of  the  realm  may  be  tried  in  any 
county  in  England,     f.  2. 

But  if  any  perfon  fo  inlifted,  or  inticed  to  go  beyond  the  feas 
in  order  to  be  inlilled,  as  a  non  commiffion  officer  or  private  fol- 
dier, in  any  forcgn  fervice,  fhall  in  fourteen  days  voluntarily  dif- 
cover  upon  oath,  before  anyjuftice  or  other  civil  magillrate,  the 
perfon  by  whom  he  was  inlilled  or  inticed,  fo  as  he  be  convifted  ; 
•  he  ihall  be  indemnified.    /  3. 


5ro;teftaUins,  insroflTtng,  atiD 
regratmg* 

FOreJiaUing  (forejl^llan,   OV  forejiallati )  m  the  Englifh  Saxon  Derivation, 
fignifieth  properly  to  market  before  the  publick,  or  to  prevent 
the  publick  market ;  and  metaphorically,  to  intercept  in  general : 
and  feemeth  derived  from  fore,  which  is  the  fame  as  before,  and 
JialU  a  ftanding  place  or  department ;  from  whence  fprang  the  an- 
cient 


444-      5ro?eftaUitt3,  fttfltoCCing,  &c. 

cient  word  Jia/Zage,  which  fignifieth  money  paid  for  erefling  a  ftaS 

or  ftand,  for  the  felling  of  goods  in  a  fair  or  market  : 
hgrofflng  is  from  in,  and  grofs,  great  or  whole  : 
hxid  regrathig,  from  ;y,  again,  and  the  French  ;^rfi/<'r,  Xo  gratt 

or  fcrape  ;  and  fignifieth  the  fcraping  or  dreffing  of  cloth  or  other 

goods,  in  order  for  felling  the  fame  again. 

1  fhall  treat,  firft,  concerning  thefe  offences  at  the  common 

law;  and,  fecondly,  concerning  the  fame  by  ftatute. 

I.  Concerning  thefe  offences  at  common  law. 


Thefc  ofiences  «t 
G^Dunoa  law. 


By  ft*tute : 

Foreft  ailing, 
what. 


1.  At  the  common  law,  all  endeavours  whatfoevcr  to  enhance 
the  common  price  of  any  merchandize,  and  all  kinds  of  pradices 
which  have  an  apparent  tendency  thereto,  whether  by  fpreading 
falfe  rumours,  or  by  buying  things  in  a  market  before  the  ac- 
cuftomed  hour,  or  by  buying  and  felling  again  the  fame  thing  in 
the  fame  market,  or  by  any  other  fuch  like  devices,  are  highly 
criminal,   and   punifhable   by  fine   and  imprifonment.     i  HaiM* 

2.  By  the  common  law,  a  merchant  bringing  viftuah  into  the 
realm,  may  fell  the  fame  in  grofs ;  but  no  perfon  can  lawfully  buy 
within  the  realm  any  merchandize  in  grofs,  and  fell  the  fame  in 
grofs  again,  without  being  liable  to  be  indided  for  the  fame. 
3  Inj}.  1 96, 

3.  And  the  bare  ingroflingof  a  whole  commodity,  with  an  in- 
tent to  fell  it  at  an  unreafonable  price,  is  an  ofFence  indictable  at 
common  law,  whether  any  part  thereof  be  fold  by  the  ingrolTer  or 
not,     I  HaiAj.  23;. 

4.  And  fo  jealous  is  the  common  law  of  all  pradices  of  this 
kind,  that  it  will  not  fuiFer  corn  to  be  fold  in  the  fheaf ;  perhaps 
for  this  reafon,  becaufe  by  fuch  means  the  market  is  in  efied  fore- 
ftalled.     I  Ha'vj.  235. 

5.  Anciently  the  ingrolTer  and  regrater  were  comprehended 
under  the  word  foreilaller;  but  now  they  are  diftinguifhed  by 
the  following  flatute. 

//.  Concerning  thefe  offences  by  fiatute. 

T .  Whofoever  Jhall  buy,  or  eaufe  to  be  bought,  any  merchanJizr, 
fjiilual,  or  any  other  thing  fwhatfoinjer,  coming  by  land  or  by  ivatcr 
toivard  any  market  or  fair,  to  be  fold  in  the  fame,  or  coming  tonuard 
a)2y  city,  port,  hwjen,  creek,  or  road,  from  any  parts  beyond  the  fa 
to  be  Jcld ;  or  make  any  bargain,  contraQ  or  yromip,  fur  the  halving 
or  buying  the  fame,  or  any  pari  thereof,  fo  C07ning  as  is  ofrcfaiJ, 
before  the  fjid  merchandize,  'uiSuals,  or  other  things  Jhall  be  in  tee 
market,  fair,  city,  port,  haven,  creek,  or  road,  ready  to  be  fold ; 
or  pall  mxike  any  motion  by  nvord,  letter,  meffage,  or  cth.rzvfe,  ta 
a7iy  perfon  for  the  inhancing  of  the  price,  or  dearer  fdhng  of  any 
thing  abo'vcmentioncd ;  or  elfe  diffuade,  move,  or  fir  any  perJcM 
coming  to  the  market  or  fair,  to  abfain  or  forbear  to  bring  or  con  • 
*vey  any  of  the  things  above  rckcarfd,  ta  any  market^  f^ir,  city, 

port. 


i 

i 
I 

( 


5fo?cO:aiWtis,  ingtoffitts,  &c.      445 

f-trt,  haven,  creek,  or  road  to  be  fold,  as  cforefaid, JJ:all  be 

deemed  a  forfjlaller.      (A)    5  &  6  Ed.  6.  C  14.  f.  I. 

2.  Whofoe'ver  Jhall  ingro/s,  or  get  into  his  hands  by  buying,  con-  TngrofTing,  what. 
trailing,  or  promife- taking,  other  than  by  demlfe  or  grant,  or  kafe 
cf  land  or  tythe,  any  corn  groiving  in  the  fields,  or  any  other  corn  or 
grain^  butter,  cheefe^  ffh,  or  other  dead  'viSluals  nvhatfue'ver,  to  the 
intent  to  fdl  the  fame  again,  Jhall  be  deemed  an  unlatvful  i?!groJJer. 
(B)  5  &  6  Ed.  6.  c,  14.  f.  3. 

And  it  is  Taid  not  to  be  fufHcient  in  an  indi<Elinent  or  inibrma- 
tion,  to  fay  that  the  defendant  bought  fo  much  goods,  but  the 

words  of  the  flatute  are  to  be  purfued,  which  are Jhall  ingrofs 

or  get  into  his  hands  by  buying.  But  it  is  not  neceffary  to  fet  forth, 
that  the  defendant  did  not  come  by  it,  by  a  demiie  of  land,  or 
the  like ;  but  the  defendant,  if  he  have  any  fuch  matter  to  al- 
ledge,  muft  give  it  in  evidence.     1  Haiv.  237,  238. 

3.  U'^hofoe'ver  Jhall  by  any  means  regrate,  obtain,  or  get  into  his  ^egT»iitt%,yfh:).t>, 
hands  or  foffeJJion,  in  a  fair  or  market ^  any  corn,  'wine,  ffh,  but- 
ter, cheefe,  candles,  talloiv,  fheep,  lambs,  eal'ves,  fwine,  pigs, 
geefe,  capons,  hensy  chickens,  pigeons,  conies,  or  other  dead  fidual 
ivhatfocver,  that  Jhall  be  brought  to  any  fair  or  market  to  be  fold, 
and  do  Jell  the  fame  again  in  any  fair  or  market  holden  or  kept 
in  the  fame  place,  or  in  a>!y  other  fair  or  market  i>jithin  four 
miles  thereof,  Jhall  he  deemed  a  regrater.  (C)  5  &  6  Ed.  6. 
c.  14.  f.  2. 

4.  And  if  any  (hall  be  guilty  of  any  the  faid  offences,  he  ihail  Penalty, 
for  the  firft  offence  be  impriloned  two  months,  and  forfeit  the  value 
of  the  goods ;  for  the  fecond  offence,  be  imprifoned  half  a  year, 
and  forfeit  double  value ;  and  for  the  third  offence,  lliall  be  fet  on 
the  pillory,  forfeit  all  his  goods,  and  be  imprifoned  during  the 
king's  pieafure.      5  b"'  6  Ed.  6.  c.  14.  /  4,  5,  6. 

Half  the  faid  forfeitures  to  go  to  the  king,  and  half  to  him  that 
will  fue,  in  two  years  after  the  offence,     id.  /  9,  14. 

And  the  feffions  may  hear  and  determine  the  fame,  by  iiiqui- 
fition,  prei'entment,  bill,  or  information,  and  by  examination  of 
two  winieffes,    and    may  make   procefs  thereupon,    as  tho'  they 

were  indifted  ;  and  elfreat  the  king's  moiety,  and  award  execution  ] 

of  the  other  moiety  for  the  party,  by  feri  facias,  or  capias,  as 
the  courts  at  Wiflminjier  may  do.     id.  f  10. 

5.  From   hence  it  feems  clearly  to  follow,  as  well  as  from  the  Form  of  the  in- 
geneial  rules  of  law,  that  no  information  for  any  of  the  faid  of-  dustmen:  orin- 
feaces  againft  the  faid  flatute  can  be  good,  without  fhewing  in  ®'™^^'°"' 
certain  tne  quantity    of  the  thing  for  which  the  penalty  is  fup- 

pofed  to  be  incurred,  not  only  becaufe  otherwife  the  j  idgment  to 
be  given  on  fuch  an  information  can  never  be  pleaded  m  bar  of 
any  other,  becaufe  it  cannot  appear  that  both  of  them  were 
brought  for  the  fame  thing ;  but  alfo,  becaufe  it  cannot  appear 
to  the  court  what  forfeiture  the  defendant  ought  to  incur,  unlefs 
the  extent  of  the  offence  be  fpecially  fet  forth,      i  Haiv.  238. 

6.  But  nothing  in  tha  ai!l  abovementioned  (hall  extend  to  the  Exceptions  zt.i- 
buying  of  any  fuch  thing  (otherwife  than  by  foreftalling)  by  any  limit^tjons. 
tfhmonger,  butcher,  or  poulterer,  as  concerns  their  trade,   who 

fhaU 


446      iTozeftaUinff,  tusroffing,  &c. 

fhall  fell  the  fame  again  upon  reafonanable  prices  by  retail ;  nor  to 
the  buying  of  wine,  or  other  dead  viiitual,  by  any  innholder  or 
viftualler,  to  retail  the  fame  in  his  houfe  ;  nor  to  the  buying  of 
any  dried  or  falted  Jifh  (not  forellalled),  and  fold  for  reafonable 
prices ;  nor  to  the  buying  of  any  corn,  fifli,  butter,  or  cheeie,  by 
perfons  duly  licenfed,  and  not  foreltalling.     ^i3  6  Ed.  b.  c.  14. 

Neither  ftiall  it  extend  to  wines,  oils,  fugars,  fpices,  currans^ 
nor  other  foreign  viduals;  fifh  and  fait  only  excepted.     13  E/. 

f.  25.  /  21. 

And  by  the  15  C.  2.  c.  j.  When  the  quarter  of  wheat  (W'in- 
chejier  meafore)  doth  not  exceed  48  j.  rye  32^.  barley  or  malt 
28/.  buck  wheaf  28/.  oats  13  i.  411'.  peafe  or  beans  32/.  any 
perfon  (not  foreltalling,  nor  felling  the  fame  again  in  the  fame 
market  in  three  months)  may  buy  fuch  corn,  at  or  under  fuch 
price,  and  lay  it  up,  and  fell  the  fame  again,  without  incurring 
any  penalty,     f.  4. 

Alfo,  it  hath  been  refolved,  that  fuch  tnliual  only,  as  is  necef- 
fary  for  the  food  of  man,  is  within  the  aforeiiaid  ftatute  of  5  {5*  6 
Ed.  6.  and  therefore  that  apples  and  cherries,  and  fuch  like  fruit 
are  not :  but  that  fait  is  a  vidual  within  the  meaning  of  it.   i  Ha^w. 

^37- 
Information  may      7.  By  3 1  £■/.  f.  5.  which  ordains  that  informations  for  offences 
be  laid  in  any      againft  penal  flatutes,    muit  be  laid  in  the  proper  county,    it  is 
county.  provided,  that  neverthelefs  an  information  on  the  faid  ftatute  of 

Ed.  6.  againft  foreilalling,  ingrofling,  or  rcgrating,  where  the 
penalty  Ihall  appear  to  be  20/.  or  above,  may  be  laid  out  of  the 
proper  county,  and  in  arty  other  county  at  the  pleafure  of  the  in- 
former. 

A.     Indi6lment  for  foreftalling. 

Weltmorland . ''  ■  "^  H  E  jurors  for  our  lord  the  king  upon  their 

JL       oath  prefhit,  that  A.  O.  late  of  the  par  if j  of 

■  in   the  county  ifortfaid,    yeoman,    on  the  ■  day  of 

'  in  the year  of  the  reign  of at  the  parijh 

aforefaidy  in  the  county  ajorcfaid,  did  buy  and  caufe  to  be  bought  of 
and  from  one  A.  S.  t^venty  oxen,  for  the  fum  of  200  1.  of  lai'.ful 
money  of  Great  Britain,  ai  he  the  faid  A.  S.  then  and  there  ivas 
driving  the  faid  tnxienty  oxen  tonxards  the  market  o/~  M.  to  fell  the 
faid  tHJuenty  oxen  in  the  faid  market,  and  before  the  faid  tivcnty  oxen 
ixere  brought  into  the  faid  market,  'where  the  fame  Jhould  be  fold ;  />/ 
contempt  of  our  faid  lord  the  king  and  his  laivs  ;  to  the  ea>il  example 
of  all  others  in  the  like  cafe  offending,  againf  the  peace  of  our  faid 
lord  the  king,  his  croivn  and  dignity,  and  againf.  the  form  cf  the  fa- 
tute  in  that  cafe  made  and  prc-vided. 


B.     Indi(Stment 


I 


i 


ifo^eftalU'tts,  tngtoffing,  &c      44.7 

B.  Indi(5i:ment  for  ingrofTing. 

Weftmorland.  "T^  H  E  jurors  for  our  lord  the  king  ttpon  their 

j[       oath  prcfttit,  that  A.  O.   late  of in 

the  county  aforefald,  yec7nan,  on  the day  of'  in  the 

. yenr  of  the  reign  of  at  ■  of  or  ef aid,    in  the 

county  aforffaid,  did  ingrofs  and  get  into  his  hands,  by  buying  cf  arid 
from  one  A.  S.  50  quarters  of  n.vheat,  to  the  intent  to  fell  the  fame 
again ;  to  the  ei'il  example  of  all  others  in  the  like  cafe  offindingy 
again/}  the  peace  of  our  faid  lord  the  King,  his  croivn  and  dig- 
nity, and  againjl  the  form  of  the  flatute  in  that  cafe  madi  atid 
pronjided. 

C.  Indidlment  for  regrating. 

Weflmorland.  '  M*^  H  E  jurors  for  our  lord  the  king  upon  their 
X_      oath  prefent,  that   A.   O.   late  of  the  parijh 

of in  the  county  aforrfaid,  yeoman^   on  the  — — —  day  of 

in  the year  of  the  reign  of at  the  parijh 

oforefaid^  in  the  county  aforeja'id^  to  nvit,  in  a  certain  market  then 
and  there  holden,  did  buy,  obtain,  and  get  into  his  hands  and  pof- 
fejjion  ten  geefe  and  t'u-enty  chickens,  of  and  from  one  A.  S.  for  the 
Jum  of  30  s.  of  lan.i:Jul  money  of  Great  Britain  (the  faid  geefe  atid 
chickens  then  being  brought  to  the  faid  market  by  the  faid  A.  S.  to 

be  fold)  ;  atid  that  after^wards,  to  ivit,  on  the  fame day  of 

-  in    the  year  aforefaid,    he  the  faid  A.   O.   at  the  parijh 

ajorefaid,  in  the  county  aforefaid,  in  the  faid  market  there,  unlaiv- 
fully  did  regrate  the  faid  geefe  and  chickens,  and  fell  the  fame  again 
to  one  A.  B.  for  the  fum  of  \o%.  of  like  lanvful  money  of  Great 
Britain,  in  contempt  of  our  faid  lord  the  king  and  his  la^ws,  to  the 
cuil  example  of  all  others  in  the  like  cafe  offending,  againji  the  peace 
ef  our  faid  lord  the  king,  and  againji  the  form  of  the  fatute  in  that 
cafe  made  and  provided. 

jroica0»    See  ^nme* 


IFo^feiturc, 


4+8 


So;ftitnvt, 

The  forfeitures  for  particular  offences  may  be 
found  under  their  refpedlive  titles ;  here  it  is 
treated  of  forfeitures  in  general. 

,/.  Of  forfeiture  of  lands  and  gccds^ 

JI.  Of  lofs  of  dower. 

III.  Of  corriipion  of  blood. 

I.  Of  forfeiture  of  lafids  and  goods. 

r«rfeiture  Af       t.  T  T  feems  agreed,  that  by  the  common  law,  all  lands  of  in- 
^*"«'»'  X   heritance,  whereof  the  oftender  was  feifed  in  his  own  right, 

and  alfo  all  rights  of  entry  to  lands  in  the  hands  of  a  wrong  doer, 
are  forfeited  to  the  king,  by  an  attainder  of  high  trcafon,  and  to 
the  lord  of  whom  they  are  immediately  holden,  by  an  attainder 
of  petit  treafon  or  felony.      2  Haiv.  448. 

But  it  feems  clear,  that  the  lord  cannot  enter  into  the  lands  hol- 
den of  him,  upon  an  efcheat  for  petit  treafon  or  felony,  without 
a  fpecial  grant,  till  it  appear  by  due  procefs,  that  the  king  hath 
had  his  prerogative  of  the  year,  day,  and  wafte.      2  Hatxi.  448. 

Concerning  which  year,  day,  and  wafte,  it  is  enafted  by  the 
17  Ed.  2.  c.  16.  that  the  king  fhall  have  the  goods  of  all  felons 
attainted,  and  fugitives,  wherefoever  they  be  found.  And  if  thejr 
have  freehold,  it  fhall  be  forthwith  taken  into  the  king's  hands, 
and  the  king  (hall  have  all  profits  of  the  fame  by  one  year  and  one 
day ;  and  the  land  fhall  be  wafted  and  deftroyed  in  the  houfes, 
woods,  and  gardens,  and  in  all  manner  of  things,  belonging  to 
the  fame  land.  And  after  the  king  hath  had  the  year,  day,  and 
wafk,  the  land  fhall  be  reftored  to  the  chief  lord  of  the  fee,  un- 
lefs  that  be  fine  before  with  the  king,  for  the  year,  day,  and 
wafte. 
Forfeiture  of  2.  As  to  forfeiture  of  goods,  it  feems  agreed,  that  all  things 

xooos.  whatfoever,  which  are  comprehended  under  the  notion  of  a  per- 

fonal  eftate,  whether  they  be  in  adlion  or  pofTefTion,  which  the 
party  hath,  or  is  intitled  to,  in  his  own  right,  and  not  as  executor 
or  adminiftrator  to  another,  are  liable  to  fuch  forfeiture,  in  the 
/ollowing  cafes : 

(i)  Upon  a  conviflion  of  treafon  or  felony.     2 /^aiy.  450. 

(2)  Upon  a  flight  found  before  the  coroner,  upon  view  of  a" 
dead  body,     id. 

(3)  Upon  an  acquittal  of  a  capital  felony,  if  the  party  is  found 
to  have  fled.     id. 

(4)  Alfo  a  perfon  indicted  of  petit  larceny,  and  acquitted,  yet 
if  it  be  found  he  fled  for  it,  forfeits  his  goods,  as  in  caie  of  grand 
larceny.     1  H.  H.  530.     2  Ha'vj.  45 1 . 

I  Bat  I 


foikitnu,  44-9 


But  it  is  certain  that  the  party  may  in  all  cafes,  except  that  of 
t|he  coroner's  inqiieft,  traverfe  the  finding  of  the  flight.  Alio  ic 
feems  agreed,  that  the  particulars  of  the  goods  found  to  be  for- 
feited may  be  alfo  traverfed.      2  h'aiv.  451. 

(5)  Upon  a  prefentment  by  the  oaths  of  12  men,  that  a  per- 
fon  arrcfted  for  treafon  or  felony,  fled  from,  or  refiikd  thofe  who 
had  him  in  cuftody,  and  was  killed  by  them  in  the  purfuit  or 
fcuffle.      2  Haiu.  451. 

(6)  By  being  waived  or  left  by  a  felon  in  his  flight,  whereby 
he  forfeits  the  goods  fo  waived,  whether  they  be  his  own,  or  the 
goods  of  others  ftolen  by  him,  which  fhall  not  be  reftored  to   the 

right  owners  bat  upon  a  proper  prolecution.      2  Ijuiu.  4;;  i.  ^ 

"(7)  Alfo,  a  convidl  withm  clergy,  forfeits  all  his  goods,  the* 
he  be  burnt  in  the  hand ;  yet  thereby  he  becomes  Capable  of  pur- 
chafing  other  goods.      2  H.  //.  388,  389. 

But  on  burning  in  the  hand,  he  ought  to  be  immediately  re- 
ftored  to  pofieffion  of  his  lands.     2  f/.  /i.  389 

3.  Upon  outlawry  in  treafon  or  felony,  the  offender  (hall  lofe  Forfeiture  upoo 
and  forfeit  as  much  as  if  he  had  appeared,  and  j  idgment  had  been  outlawry. 
giv^en  againft  him,  as  long  as  the  outiawiy  is  in  force.     Wood 

1 1 12. 

And  thofe  that  tarry  till  the  exigent,  in  treafon,  felony,  or 
petit  larceny,  forfeit  their  goods,  tho"  they  render  themielves  to 
juftice,  and  are  acquitted  j  for  it  was  a  flight  in  law.  t'/  cod 
1 1 12. 

4.  But  where  the  killing  a  man  in  his  own  defence  is  in  the  Forfeiture  in  le 
law  no  felony,  there   is  no   forfeiture,  unlefs  he  fled  ;  for  that  is  defendsndo. 

a  diftinfl  forfeiture,  altho'  the  party  be  not  guilty  of  the  fa£t. 
iH. //.  493. 

5.  It  feems  agreed,  that  the  forfeiture,  upon  an  attainder  either  To  what  time 
of  treafon  or  felony,  fliall  have  relation   to  the  time  of  the  of  ^^-^  lorfeiture 
fence,  for  the  avoiding  of  all  fubfequent  alienations  of  the  /a>:^  j  "^"'^  relate, 
but  to  the  time  of  the  convidion  or  flight  found  only,  as  to  chat- 
tels ;  unlefs  the  party  were  killed  in  flying  or  reflft  ng,  in  which 

cafe  it  is  faid,  that  the  forfeiture  of  the  chattels  fhall  relate  to  the 
time  of  the  offence.      2  t't^iju.  4^4. 

6.  But  tho'  the  goods  of  an  offender  be  not  forfeited,  till  the  What  is  to  be 
conviction,  or  flight  found  by  inquell,  yet  whether  they  may  be  done  with  the 
feized  upon  the  offence  committed,  hath  been  controverted  :  con-  /  °\^  ?°°"'' 

L-Lijrir-.i  fore  foriejture.- 

cerning  which  Lord  Hn/e  faith  thus : 

It  feemeth  clear,  that  at  the  common  law,  if  a  mar  had  com- 
mitted felony  or  treafon,  or  tho'  poffib'y  he  had  committed  none, 
yet  if  he  had  been  indifted,  the  fheriff,  coroner,  or  other  officer, 
could  not  feize  and  carry  away  the  goods  of  the  offender  or  party  ' 
accufed : 

Again,  he  could  not  in  that  cafe  have  removed  the  goods  out 
of  the  cuftody  of  the  offender  or  party  accuied,  and  deliver  thena 
over  to  the  conftables  or  to  the  %ill,',ta,  to  anfwer  for  them  : 
^  But  if  the  party  were  indidled,  the  Iheriff  or  other  officer  might 
make  a  fimple  feizure  of  them  only  to  inventory  and  appraife 
them,  and  leave  them  to  the  cuftody  of  the  fervants  or  bailiff  of 
the  party  indided,  in  cafe  he  would  give  fecurity  againft  their 

V  0  L.   I.  G  g  being 


450  foiftitnu. 


being  imbeziled,  or  in  default  thereof  he  might  deliver  them  to 
the  conftable  or  vill  to  be  a  ifwerablt  for  them,  but  yet  fo  that  the 
party  accufcd  and  his  family  have  fufficient  out  of  them  for  their 
livelihood  and  maintenance : 

And  poflibly  the  fame  law  was,  tho'  he  were  not  indiflod,  but 
</<?  /lido  had  committed  a  felony,  but  with  this  difference,  if  he 
had  been  indicted,  ihis  kind  of  feizure  might  have  been  made, 
whether  he  committed  the  felony  or  not : 

But  in  cafe  there  were  no  indidlmcnt,  then  it  is  at  the  peril  of 
hin  that  feizech,  if  he  commtted  not  the  felony  : 

And  then  as  to  the  ftatute  of  i  R.  3.  c.  3.  it  is  as  follows; 
2^0  Jheriff  or  other  perjon  Jhall  take  or/eize  the  goods  of  any  perfon 
arreted  or  imprifoned  for  fufpicion  of  felony,  before  he  he  con'vicied  or 
attainted,  or  before  the  goods  he  othertuife  forfeited -y  on  pain  of  dou- 
ble value  to  the  party  griei<ed : 

Mr.  Stamford  thinks  this  is  but  in  afErmance  of  the  common 
law,  only  that  it  gives  a  penalty  ;  but  it  feems  to  be  fomewhat 
more  than  (o,  for  this  prohibits  the  feizure  of  the  goods  of  a  party 
imprifoned,  tho'  he  were  alfo  indifted,  but  not  yet  convidted, 
where  unqueftionably  the  common  law  allowed  fuch  a  feizure,  if 
the  party  or  his  friends  did  not  fecurc  the  forthcoming  of  the 
goods,  where  the  party  was  indidlcd  : 

But  upon  this  ftatute  thefe  things  are  confiderable ;  i .  As  to 
perfons  at  large,  it  feems  to  me  (fays  he)  that  if  they  flie  not, 
there  can  no  feizure  at  all  made,  whether  they  are  indidled  or 
not ;  for  the  ftatute  did  not  intend  a  greater  privilege  to  a  party 
imprifoned,  than  to  him  that  is  at  large.  2.  That  if  he  be  at 
large,  and  fy  for  it,  yet  his  goods  cannot  be  feized  and  removed, 
whether  he  be  indifted  or  not  indifled.  3.  That  if  he  be  indidl- 
cd,  and  at  large,  yet  the  goods  cannot  be  removed,  but  only 
viewed,  appraifed,  and  inventoried,  in  the  houfe  or  place  where 
they  lie  : 

And  yet  I  know  not  how  it  comes  to  pafs,  fays  he,  the  ufe  of 
feizing  the  goods  of  perfons  accufed  of  felony,  tho'  imprifoned  or 
not  imprifoned,  hath  fo  far  obtained  rotwithdanding  this  ftatute, 
that  it  pafleth  for  law  and  common  praflice,  as  well  by  conftables, 
fherift's,  and  other  the  king's  officers,  as  by  lords  of  franchifes, 
that  there  is  nothing  more  ufual  : 

Upon  the  whole,  he  fays,  that  the  opinion  of  my  Lord  Coke, 
In  his  3  /;//?.  228.  hath  truly  ftated  the  law,  at  leaft  as  it  ftands 
rpon  the  ftatute  of  i  -R.  3.  I'i^.  1.  That  before  the  indidm'ent, 
the  goods  of  any  perfon  cannot  be  fearched,  inventoried,  or  in 
any  fort  feized.  2.  That  after  the  indii'^ment,  they  cannot  be 
feized  and  removed,  or  taken  away,  before  convidion  or  attain- 
der: 

But  then  it  may  be  faid,  to  what  purpofe  may  they  be  fearched 
and  inventoried  after  indi(riment,  if  they  may  not  be  removed, 
but  are  equally  liable  to  imbcziling  as  before  : 

I  think  (he  fays)  he  is  not  bound  to  find  fiireties,  neither  hath 
the  officer  at  this  day  any  power  to  remove  them  in  default  of 
fureties,  and  commit  them  to  the  vill,  but  only  to  inventory  them» 
and  leave  them  where  he  found  them  (unlefs  in  cafe  of  a  fecor.d 


I 


i 


fOlftitttXt.  451 

capias  onlhe  25  E<i.  3.  c.  14.)  for  the  prifoner  or  party  indicted 
may  fell  them  kma  fide ;  and  if  he  may  do  fo,  the  vendee  may 
lake  them,  and  the  •villata  cannot  refufe  the  delivering  of  them  to 
the  vendee,  the'  the  goods  had  been  delivered  to  them  : 

But  there  is  this  advantage  by  the  viewing  and  appraifing,  that 
thereby  the  king  is  afcertained  what  the  goods  are,  and  may  pur- 
fue  them  that  take  or  imbezil  them,  by  information  (if  the  party 
happen  to  be  conviil)  and  try  the  property  with  them,  whether 
they  are  really  fold,  or  fold  only  fraudulently  without  val'iable 
confideration  to  prevent  the  forfeiture,      i  H.  H.  363,  4,  5,  6,  7. 

//.  Of  lofs  of  dozvsr. 

\.  Albeit  a  perfon  fhall  be  attainted  of  felony,    yer  his  wife  f<'f^'=  i^' re  of 
(hall  rot  forfeit  her  dower,      i  Ed.  b.  c.  iz. /.  i^  *^°*"  '"  ';='°"y' 

2.  Rit  on  his  attamder  of  any  treafon,    fhe  Oiall  forfeit  her  In  treafon. 
•dower.    5  fe*  t>  £"</.  6.  r   1 1.  /!  i  3       But  in  fome  kinds  of  tieafon 
(particularly  with  r^gaid  to  the  coin)  there  is  a  fpeciai  !avix^g  of 
the  wife's  dower  hy  Itatute. 

///.  Of  corruption  of  blood, 

1.  It  is  agreed,  that  by  an  attainder  of  treafon  or  felony,  tlie  Corruption  of 
blood  is  fo  far  ftained  or  corrupted,  th^t  tne  part"  'oles  all  the  no    blood. 
bility  or  gentility  he  might  have  had  before,  and  become^  ij,  1  ;LIe. 

2  Harvj.  456. 

2.  Alfo,  that  he  can  neither  inherit  as  heir  to  an  anceftor,  nor 
have  an  heir,     z  Haiu.  456, 

3.  But  the  king's  pardon,  tho'  it  doth  not  reftore  the  blood, 
yet  as  to  iiTues  born  after,  hath  the  efFedl  of  a  reftitution.  i  H. 
//.358. 

4.  But  reftitution  of  blood  in  its  true  nature  and  extent,  can 
only  be  by  ad  of  parliament,     i  H.H.  i^Z.     2  Ea<tx>.  458. 


i.TT^  ORGERY  is  an  ofFence  at  common  law,  and  an  offence 

j[2     alio  by  ftatute. 

2.  Forgery  at  the  common  law,  is  an  ofFence  in  falfly  and  frau- 
dulently making  or  altering  any  matter  of  record,  or  any  other 
authentick  matter  of  a  publick  nature  ;  as  a  parifh  reglfler,  or  any 
deed,  will,  privy  feal,  certificate  of  holy  orders,  prottclion  of  a 
parliament  man,  and  the  like,     i  Hanu.  182,  184. 

As  for  writir.gs  of  an  inferior  nature,  a-^  p-ivate  letters  and 
fuch  like,  the  counterfeiting  of  them  is  noi  p-operly  fo  jery  ; 
therefore  in  fome  cafes  it  may  be  more  fafc  .u  prosecute  iuch  of- 
fenders for  a  mifdemeanor,  as  cheats.  For  by  rcalon  of  the  un- 
certainty of  opinions,  concerning  proper  forgeries  at  common  iaw, 
indi£in2cnts  are  generally  brought  upon  fome  of  the  following  i^a- 

G  g  2  t.tesj, 


452  •        fOimV' 


tutes,  and  very  few  at  common  law.  But  if  the  indiftment  is  at 
common  law,  and  the  offender  is  convided,  he  m&y  be  pilloried, 
fined,  and  imprifoned.     M'oodjio.      i  Haiv.  184. 

But  as  to  the  power  of  juflices  of  the  peace  in  this  matter, 
Mr.  yia^vkins  fays,  it  hath  been  fettled  of  late,  that  they  have  no 
jurifdiflion  over  forgery  at  the  common  law  ;  the  principal  reafon 
of  which  refolution  (he  fays)  as  he  apprehended,  was,  that  inaf- 
much  as  the  chief  end  of  the  inftitution  of  the  office  of  thefe  ju- 
flices  was  for  the  preferA'ation  of  the  peace  againfl  perfonal  wrongs 
and  open  violence,  and  the  word  tnfpafs  in  its  moff  proper  and 
natural  fenfe,  is  taken  for  fucli  kind  of  injuries,  it  fliall  be  under- 
ftood  in  that  fenfe  only  in  the  commiflion,  or  at  the  moft  to  extend 
to  fuch  other  ofrences  only  as  have  a  direft  and  immediate  ten- 
dency to  caufe  fuch  breaches  of  the  peace,  as  libels,  and  fuch  like, 
which  on  this  account  have  been  adjudged  indidable  before  juftices 
of  the  peace.      2  H~nx,  40.      i  Saik.  406. 

But  Mr.  Porlo-iv  fays  neverthelefs,  that  it  feemeth  clear,  that  a 
juftice  of  the  peace  may  take  an  information  thereof,  bind  over 
the  informers,  examine  the  offender,  certify  his  examination  to 
the  proper  judges,  and  commit  him  to  prifon  in  order  to  abide  his 
trial.      Earl.  244. 

3  The  flatates  that  make  forgery  an  offence  are  thefe  that 
follow : 

The  firft  \>  that  famous  ftatute  of  the  5  El.  c.  14.  which  by  an 
cxamp'e  worthy  to  be  imitated,  doth  (in  order  to  prevent  confufion) 
repeal  all  former  flatutes  againft  forgery.  By  this  it  is  enabled, 
that  if  any  pcrfon  upon  his  onvn  heed  and  imagination,  or  hy  Jalfe 
confiracy  una  fraud  ^vith  others,  Jhall  ivittingh;,  fuhtilly,  andfalfy 
Jorge  or  make,  or  fuhtilly  caufe,  or  n-villingly  L-ffait  to  he  forged  or 
tnade,  any  f  f  deed,  charter,  or  nvriti-fig  fenlcd,  court  roll,  or  the 
nvil!  of  any  ptrjon  in  'writing,  to  the  intent  that  the  fate  of  freehold 
or  inheritance  cf  any  perfon,  of  any  lands,  tenetnetit.s,  cr  hereditU' 
tn'nts,  freihoid  or  copyhold,  or  the  right,  title,  or  interef  of  any  per' 
fon  in  the  feme  may  he  molefed,  troubled,  defeated,  reco-vered,  or 
chrrgcd ',  cr  fall  pronounce,  puhlifh,  or  Jhenv  forth  in  e-vidence  the 
f  me  as  true,  knciving  the  fame  to  he  falfe  cr  forged,  to  the  intent 
us  cho've  (except  laixye^s  or  attornies  for  their  clients,  not  being  privy 
to  the  forgery)  ;  and  fall  be  thereof  ccnviSied,  either  upon  aSlion  at 
the  jutt  cf  the  party,  cr  othemx'ife  according  to  the  order  and  due 
ccur/e  of  the  Iwvjs  cf  this  realm, — —he  fhall pny  to  the  party  double 
ccfts  /nd  damages,  and  he  fet  in  the  pillory,  and  ha've  both  his  eart 
cut  off,  and  his  nofrils  fit  and  feared  ^.>:ith  a  hot  iron,  arJfhall for- 
feit the  profits  cf  his  la-nds  during  life,  and  be  imprifoned  alfo  during 
life,     f.  2. 

j^nd  all jif  ices  cf  oyer  and  terminer,  and  jt f  ices  cf  afjtze,  fall 
have  poi'.'er  to  inquire  rf  hear,  and  determine  all  offences  in  this  a£l. 
{.    10. 

upon  his  cvjn  head'}  When  the  proceedings  were  in  latin,  fuper 
froprium  fuum  caput  was  allowed  to  be  good  upon  an  indiclment 
on  this  ftatute;  the  law  having  more  regard  that  the  ftatute  be 
ftrictly  purfued,  Uiaa  rendred  into  proper  latin,     i  /i«w,  187. 

Torgt  • 


I 


I 


fCimV'  453 


Forge  or  make]  Making  a  feconj  deed,  and  antedating  It,  with 
intent  to  make  it  tal-e  place  of  a  foimer  deed,  is  forgery  within 
this  ftatute.     3 /»/?.  167. 

Or  Jultilly  caufi:,  orivillinglyoffiiif]  To  caufe,  is  to  piocure  or 
coiinfel  one  to  forge;  to  ajjir.t,  is  to  give  his  aflent  or  agreement 
afterward?,  to  the  procurement  or  counfel  of  another ;  to  covfmt^ 
is  to  agree  at  the  time  of  the  procurement  or  counfel,  and  fuch  is 
in  law  a  procurer.      3  Injl.  169. 

But  Lord  Hale  fays,  that  an  aff~nt  after  the  fa£t  committed, 
makes  not  the  party  aifenting  guilty  or  principal  in  the  forging  ; 
but  it  mull  be  a  precedent,  or  concomitant  aflent.     i  H.  H.  684. 

Fiil/e  deed,  charter,  or  nvriti)ig']  It  feems  to  be  no  way  material, 
whether  a  forged  inltrument  be  made  in  iuch  a  manner,  that  if  it 
were  in  truth  fuch  as  it  is  counterfeited  for,  it  would  be  of  vali- 
dity or  not ;  and  upon  this  ground  it  hath  been  ac  judged,  that  the 
forgery  of  a  protection  in  the  name  of  a  member  of  parliament, 
who  in  truth  at  the  time  was  not  a  member,  is  as  much  a  crime  as 
if  he  were,      i  Haiv.  184, 

Writing  fealed'\  Thefe  are  large,  words;  and  the  making  of  a 
falfe  cuflomary  of  a  manor  in  writing  tinder  leal,  containing  divers 
falfe  culloms,  to  the  dilherifon  of  the  lord  of  the  manor,  and  that 
the  fame  had  been  allowed  and.  permitted  by  the  lord  of  the  manor, 
which  was  alfo  falfe,  was  refolved  to  be  within  thefe  words  ajulfc 
nvriting  fealed.      3  luji.  171. 

Sea/ed]  It  is  required  that  the  deed,  charter,  or  writing  mull 
be  fealed,  that  is,  have  fome  impreflion  upon  the  wax;  for  wax, 
without  an  impreflion  is  not  a  feal.     3  /»y?.  i6g. 

Court  roll,  or  ".vill'\  Here  are  two  writings  which  need  not  be 
fealed,  becaufe  rhey  may  take  efFefl  without  any  feal,  for  that 
they  be  no  deeds ;  and  no  writing  can  have  the  force  of  a  deed, 
without  a  feal.      3  'nji.  170. 

Will'\  If  any  perfon  which  writeth  the  will  of  a  fick  man,  in- 
ferteth  a  claufe  therem  concerning  the  devife  of  lands,  without  any 
direftion  o  the  devifor,  this  is  forgery,  altho'  he  did  not  forge 
the  whole  will.     3  Inji.  170. 

To  the  intent  that  the  Jlate  cf  freehold  or  inheritance  of  any  perfon^ 
ef  any  lands,  tenements,  or  hereditaments,  freehold  or  copyhold,  or 
the  right,  title,  or  intercjl  of  any  perfon  in  thcfme  7nay  be  moLjled^ 
troubled,  defat.d,  recc--jered,  or  chargtd]  E.  4  G,  2.  K.  and  Ja- 
phet  Crcoke.  The  defendant  was  convifled  on  this  ftatute  for 
forging  a  leafe  and  releafe.  And  the  indidment  fets  forth,  that 
Garbut  and  his  wife  were  feifed  in  fee  of  certain  mefluages,  lands, 
and  tenements  called  Janxjick  in  the  parifti  of  Clackton  in  Effex^ 
and  that  the  defendant  intending  to  moleft  them  and  their  intereft 
in  the  premiifes,  forged  a  leafe  and  releafe  as  from  Garbut  and  his 
wife,  whereby  they  are  fuppofed  for  a  valuable  confideration  to 
convey  to  him  "  all  that  park  called  Ja^^vick  park  in  the  parifh  of 
"  Clackton  in  Ejjex,  containing  eight  miles  in  circumference,  wiih 
I'  all  the  deer,  woods,  ^c,  thereto  belonging."  It  was  moved 
in  arreft  of  jadigment,  that  the  premifl'es  fuppofed  to  be  conveyed, 

G  g  3  were 


454-  fOlSttf. 


were  fo  materially  difFerent  from  thofe  which  were  really  the  eftate 
of  '.larhut  and  hi"-  wife,  which  was  houfes,  lands,  and  tenements; 
that  It  wai  •mpoffible  cliis  conveyance  ever  could  molell  or  difturb 
them  :  if  it  wa=  a  trie  deed,  it  could  not  pafs  their  lands  at  law, 
for  vvasit  ii  a  proper  deicription;  and  though  where  lands  are  im- 
properly defcrib'*d,  a  court  of  equity  will  oblige  the  vendor  to 
convey  them  by  proper  words,  yet  that  is  only  where  there  is  a 
previous  contract  for  a  fale,  and  tney  do  it  as  carrying  that  con- 
tract into  execution.  The  court  for  feveral  terms  inclined  flrongty 
with  the  ohjecuon;  but  tliis  term  Raymond  Q\\.  ].  declared  that 
they  v.ere  ail  of  opin;Oa  to  over  r  .U-  it :  for  by  the  words  of  the 
adt,  it  is  not  necef&ry  that  there  Ihojid  be  a  charge  or  a  poiTibility 
of  a  charge ;  it  is  fufuciuU  that  it  be  done  with  that  intent,  and 
the  jury  ijave  found  that  it  was  done  wuh  intent  to  molelt  Garbut 
and  his  .vifi  in  the  polTelfion  of  their  lands.  Accordingly  judg- 
ment was  given  for  the  king,  and  the  defendant  haa  fentence  to 
undergo  the  punifhment  appointed  by  the  adl  for  forging  a  deed, 
and  the  fame  was  executed  upon  him  at  Charing- cro/s.    Sir.  901. 

Pronounce  or  publijh']  That  is,  when  one  by  words  or  writing 
pronounceth  or  publilheth  the  deed  to  any  other  as  true.     3  Inji. 

Kno-tving  the  fame  to  he  forged'\  This  knowledge  may  come  by 
two  means ;  either  of  his  own  knowledge,  or  of  the  relation  of 
another  ;  for  if  another  tell  him  it  is  forged,  and  he  publifh  it  af- 
terwards as  true,  and  it  prove  to  be  forged  indeed,  he  is  in  danger 
of  this  flatute.     3  InJi.  171.     i  Ha^v.  187. 

But  Lord  Hale  fays,  that  tho'  fuch  a  relation  may  be  an  evi- 
dence of  faifl  to  prove  his  knowledge,  yet  it  is  not  conclufive ; 
for  perchance  there  might  be  circumftances  of  fad,  that  might 
jnake  the  perfon  relating  it,  or  his  relation,  not  credible  :  So  that 
the  k?:ozmng  muft  be  upon  the  whole  matter  left  to  the  jury,  upon 
the  circumftances  of  the  cafe,     i  //.  H.  68  j. 

Jufrkes  of  oyer  and  termi7ier']  Albeit  juftices  of  the  peace,  by 
their  commiflion,  have  power  to  hear  and  determine  felonies  and 
trefpalTes,  yet  they  are  not  included  under  the  name  of  juftices  of 
oyer  and  terminer ;  for  juftices  of  oyer  and  terminer  are  known 
by  one  diftinft  name,  and  juftices  of  the  peace  by  another.  3  hji. 
J03. 

And  by  the  fame  ftatute  it  is  further  cnafted,  that  if  any  perfon^ 
upon  his  oixin  head  or  imagination,  or  hy  falfs  confpiration  or  fraud 
'with  any  other,  /hall  ^wittingly,  fubtilly,  and folfly  forge  or  77iake^ 
or  caufe  or  afjent  to  be  made  and  forged  any  faije  charter,  deed,  or 
nuriting,  to  the  intent  that  any  perfon  may  ha'ue  or  claim  any  eflate 
or  inter efl  for  tenn  of  years  in  any  manors,  lands,  tenements,  or 
hereditaments,  not  being  copyhold,  or  any  annuity  in  fee  fimplc^ 
fee-tail,  or  fir  term  of  life,  lives,  or  years  ;  or  any  obligation, 
or  bill  obligatory,  or  any  acquittance,  releafe,  or  other  difharge 
cf  any  debt,  account,  action,  fuit,  demand,  or  other  thivg  perfonal  i. 
or  fhall  pronounce,  publifh,  or  give  the  fame  in  evidence  as  true, 
knoiving  the  fame  to  he  falfe  and  forged,  he  fhally  on  onviclion 
ill  like  Tnanuer,  pay  to  thi  party  double  cojh  and  damag-s^  and  he  Jt.t 

6>i 


iTojfferp:  455 


tn  the  pillory,  and  have  one  of  his  ears  cut  off"^  and  he  imfrijoned 
for  a  year.     f.  3. 

Obligation  or  hill  ohligatory']  The  forgery  of  a  deed  of  gift  of 
mere  perfonal  chattels,  is  not  within  this  ftatute.     1  Hatu.  1 86. 

And  if  after  verJiSf,  the  plaintiff"  Jhu II  rcleafs  the  judgment  or 
execution,  or  fuffer  a  dijcontinuance,  it  Jhall  only  difcharge  his  oivn 
cojls  and  damages,  and  not  the  other  punijhrnents.     i.  6. 

And  by  the  fame  ftatute  it  is  further  enafted,  that  if  any  psrfon 
fjall  after  con<vi^icn  off'end  again  in  any  of  the  tvays  above- 
mentioned,  he  /hall  be  guilty  of  felony  ivithout  bene  ft  of  ckr^\ 
f.  7,  8. 

4.  Thus  ftood  the  matter  tipon  the  ftatute  of  5  El.  Afterwards 
by  many  fuLiequent  ftatutes  (feveral  of  which  were  occifional 
only,  and  adapted  to  the  particular  junfture  and  circumfl'.nces  of 
the  time  in  which  they  were  made,  but  wkich  are  refer;  ed  to  and 
enforced  by  the  fubfequent  ftatutes  on  the  fame  fubject)  divers 
other  forgeries  were  made  felony  without  benefit  of  .lergy  for  the 
firft  offence ;  and  others  had  other  puniftiments  affigned  them  : 
Which  are  as  follows  : 

It  ihall  be  felony  without  benefit  of  clergy,  to  forge  or  coun- 
terfeit 

(i)  Any  bank  bills,  or  notes,  or  the  feal  of  the  governor  and 
company  of  the  bank  of  England.  1  l^  %]V.  r.  31.  /."  36.- 
8  tf  9  ^r.  f.  20. /.  36.     iiG.  f.  9./6.     12  G.  f.  32./9. 

And  in  general,  any  bank  note,  bill  of  exchange,  dividend 
warrant,  or  any  bond  or  obligation  under  the  feal  of  the  bank,  or 
indorfement  thereon ;  or  knowingly  offering  to  difpofe  thereof. 
15  G.  2.  c.  13./  12. 

(2)  India  bonds.      12  G.  c.  32.  /  9. 

(3)  Bonds,  receipts,  warrants,  or  feal  of  the  fouth-fea  com- 
pany. 9  y^«.  f.  21. /.  57.  6G.  f.  4. /56.  6  G.  f.  1 1. /.  50. 
12  G.  c.  32.  /9. 

(4)  Exchequer  bills :  by  the  feveral  a£ls  which  dircft  the  iifuing 
the  fame. 

(5)  Any  power  to  transfer  ftocks.  8  G.  c.  22.  f.\.  9  G, 
f.  12.  /4. 

(6)  Lottery  tickets  and  orders  :  by  the  feveral  lottery  a£ls. 

(7)  Policy  of  affurance.      6  G.  c.  18.  /.  13. 

(8)  Mediterranean  paffes.     4G.  2.  r.  18. 

(g)  Army  debentures.      5  G.  c.  14.  f.  10.     9  G.  c.  5.  /  19. 

(10)  Marriage  licence  or  regiftry  of   a  marriage.     26  G.  2. 

(11)  Stamps  on  vellum,  parchment,  and  paper,  by  the  feveral 
ftamp  a£ls. 

(12)  Stamps  on  linen  imported.  \o  An.  c.  \g.f.c)j.  An4 
felling  it  knowingly  with  a  counterfeit  ftamp  ;  10c  I.  and  the  pil- 
lory,    i,^. 

And  by  the  9  Js*  10  IF.  r.  41.  Forgers  of  feaniens  wills,  or 
letters  of  attorney,  Ihall  over  and  above  the  penalties  by  former 
laws,  forfeit  200/.  with  cofts;  half  to  the  king,  and  half  to  him 
that  will  fue.    /.  3. 

G  g  4  5.  And 


456  fotmv* 


5.  And  bef.des  thefe  -particalat  laws,  in  the  2  G.  2.  a  general 
law  was  made  (for  five  yearns  and  was  afterwards  revived  and  made 
perpetual),  by  which  u  is  enadted,  that  rf  any  ferf  n  jbaU  J.ilfiy 
make,  forge,  or  count  erf  tit,  or  c  uje  or  procure  tkc  f<mt  to  be  done^ 
or  ic'iUingly  aid  or  .;J/j^:  in  the  f  IJt  making,  forging,  or  counter- 
feiting c?:y  deed,  11  i'.',  hond,  tvriting  obligatory,  bill  of  exchungt, 
promijfory  note,  indorfemet.t  or  afSgnment  (J  any  bill  of  exchi\ngf  or 
■promi/lory  note,  ^quittance  or  receipt  for  nion  f  or  goods,  i/jith  intent 
to  defraud  any  per  fan ;  or  f.mll  utter  or  publijh  the  f:me  as  true, 
knonxi'g  the  fame  to  be  fug:d;—'he  Jholl  be  guilty  cf  Jeiony  ixilhout 
beaeft  rf  clergy  ;  but  not  to  ivcrk  corruption  of  bloody  or  dipoijon  of 
heirs.      2  G.  2.  c.  25     f.  I,  5. 

6.  And  by  the  7  G.  2.  c.  22.  it  is  further  enafted,  by  way  of 
addition  to  the  foregoing,  that  if  any  perfn  fkall  fu  fy  make,  alter  ^ 
forge,  or  counterfeit,  or  nxilli>'gly  act  or  ajjift  in  th  falfe  jnaking, 
altering,  forging,  or  counterfeiting  aAy  'rreptance  of  t,nj  bill  cf  ex- 
change, or  the  number  or  principal fum  of  a^y  acccuntablc  riC: ipt  for 
any  note,  hill,  or  other  fecurity  f:r  payment  cf  money,  or  any  'war- 
rant or  order  fr  payment  of  mon  y,  or  d  I  u.ry  of  goods,  nvith  intent 
to  defraud  avy  perfon  ;  or  Jcall  utter  or  puhlfh  the  fame  as  true,  'with 
intent  to  defraud  any  p^'rfcn,  knojving  the  fame  t:  be  falfe  ; — hefhall 
he  guilty  rf  feloiy 'Without  benefit  of  clergy:  and  this,  without  any 
faving  of  the  corruption  of  blood,  or  difherifon  of  heirs. 

7.  Forgery  is  excepted  out  of   the  acl;  of  general   pardon, 
feo  G.  2. 

iFojnicaticiu    See  LctBtinerjci* 

f  ratii!*    See  €&ent 

fruit  ann  JTriift  iuz^.    See  GLIcon. 


BY  the  43  El.  e.  14-  All  faggots  to  be  fold  fliall  contain  in 
compafs,  befides  the  knot  of  the  bond,  24  mches  of  aiTize ; 
and  every  faggot  ftick  within  the  bond,  fhall  contain  full  three 
foot  of  afTize,  except  only  one  ftick  to  be  one  foot  long,  to  Itop 
or  harden  the  binding. 

By  the  9  .-//?.  c.  1 5.  All  billets  (except  thofe  made  of  beech, 
10  Jn.  c.6.)  that  lie  expofed  in  publick  places  where  they  are 
ufually  bought  or  fold,  fhill  be  aflized,  and  cut  or  marked  in 
Hianner  following  ;  That  is  to  fay, 

All  billets  of  what  fcantling  or  denomination  foever,  Ihall  con- 
tain in  length  three  foot  and  four  inches,  and  be  of  the  following 
diraenfions ;  'viz. 


Names 


) 


ifuel. 


457 


Names  of  the 
billets. 

Round 

Halt 
round 

in.  qr. 

0     c 

12     I 

15     0 

Q_uarter 
cleft 

in.  qr. 

0     0 
12     0 

H     3 

No  notch. 

One  notch. 

Three  in  the  middle. 

A  fingle 

A  taa 
A  trois 

in.  qr. 

7     2 
10     2 
13     0 

2  caii 

15     0 

17      I 

17     0 

Two  no'.ches. 

f  One  ar  each  enH, 

3  caft 

18      I 

21      1 

21       0 

<    and  one  in  the 
(_    middle. 

4ca(^ 

5  caft  ■ 

6  ca!. 

21      I 

23     3 
^6     0 

24     2 
27     2 
30     c 

24      0 
27       0 
29        2 

4  notches. 

5  notches. 

6  notches. 

7calt 

gcaft 

9  call 

loraO 

1 1  caft 

1 2  ca'i 

28     0 

••,0     0 

31     3 

33     2 

j6     3 
?8     I 

39     3 

41  0 

42  2 

43  3 

45  0 

46  I 

47  2 

32       2 

3^1     3 
36     3 

3«     3 

32       0 

34     0 
36     , 
38     0 

7  notcnes. 

8  notches. 

9  Torches. 

10  notches. 

1 1  notches. 
I  2  notches. 

1 3  call 

14  call 

1 5  caR 
l6carr 
I7Cafl 
iScaft 
igcaft 
20  fa'' 

I  3  notches. 

1 4  nocches. 

15  notches. 

16  notches. 
I  7  notches. 
I  S  noccnes. 

19  notches. 

20  noi-chp^ 





And  if  they  fhall  not  be  thus  aflized  and  marked,  then  on  in- 
formation to  a  jaltice  of  the  peace,  mayor,  or  other  head  officer, 
he  fhall  call  before  him  fix  good  and  lawful  men  of  the  town,  and 
Ihall  fwear  them  truly  to  inquire  and  preienr,  whether  the  fame  be 
of  good  and  fufficient  affize;  and  if  they  fhall  p.-eit^nt  that  any  of 
them  is  not  fufficient,  the  fame  fo  being  deficient  Ihal'  be  forfeited, 
and  be  delivered  to  the  overfeers,  to  be  by  them  diiliibuted  to  the 
poor.     rV,  f.  2. 

And  by  the  43  EI.  c.  14.  The  billets  (hall  be  meafured  within 
fix  inches  of  the  rnidft;  and  the  furplufage  which  fhall  happen  be- 
tween any  two  next  meafures,  being  above  the  one,  and  under  the 
Other,  Ihall  be  taken  for  the  benefit  of  the  buyer. 

Ijrullcc'0  eattlj*    See  mooWtn  utanufnffurc* 

Jf  UC^Ct  Burning  it  in  forcfts.    See  'BlirnfUfi:* 


(lD>amr; 


45  S 

<5ame. 

TH  E  flatutes  relating  to  this  title  are  very  numerous,  and 
the  fenfe  fometimes  a  little  perplexed,  (o  that  perhaps 
upon  a  view  of  the  whole,  it  may  feem.  that  about  four  or  five 
ne*v  acts,  comprehending  the  feveral  heads  here  under  mentioned, 
and  repealing  all  th«  preceding  c-.trj,  would  conduce  to  lender  this 
branch  of  our  laws  more  intelligible  and  ufeful. 

After  having  firft  premif^d  (in  order  to  avoid  frequent  repeti- 
tions throughout  this  whole  tide)  that  it.  is  enadted  by  the  Itatute 
of  the  8  G.  c.  ig.  tiiat  where  any  perfon  for  any  offence  againft 
any  law  in  being  at  the  making  of  the  faid  aft,  for  the  better 
prefervation  of  the  game,  fhall  be  liable  to  pay  any  pecuniary 
penalty  or  fum  of  monej',  on  conviftion  before  a  juftice  of  the 
peace,  the  profecutor  may  either  proceed  to  recover  the  fame  in 
iuch  manner,  or  he  may  fue  for  the  fame  (before  the  end  of  the 
iecond  term  after  the  offence  committed,  26  G.  2.  c.  2.)  by  aflion 
of  debt,  or  on  the  cafe,  bill,  plaint,  or  information,  in  any  court 
of  record  at  Weflm.njler,  wherein  if  he  recovers  he  fhall  have 
double  colb  ;  (Th.s  being  premifed)  I  will  treat  of  this  fubjedl 
under  the  following  heads ;  containing, 

I.  Certain  preliminary  obfervations. 

II.  The  laws  concerning  gamekeepers. 

III.  The  qualification  by  eflate  or  degree  to 

kill    game ;    with  the  puniihment   of 
perfons  unqualified. 

IV.  Laws  for  preferving  the  four  footed  game 

in  particular. 

V.  Laws  for  preferving  the  winged  game  in 

particular. 

VI.  Laws  for  preferving  the  game  of  fidi  in 

particular. 

Under  which  three  laft  heads  are  comprehended  thofe  reftric- 
tions  which  feem  to  concern  all  perfons  whatfoever,  whether  qua- 
lified or  not :  for  altho'  a  man  be  qualified  to  kill  game,  yet  he 
muft  kill  it  in  a  lawful  manner,  and  not  in  fuch  ways  as  tend 
utterly  to  deitroy  it. 

I.  Preliminary  obfervations. 

Foreft,  whit.  i.  A  fcrefi  is  a  certain  territory  of  woody  grounds,  and  fruitfal 

pailures,  privileged  for  wild  beafts  and  fowls  of  foreft,  chale,  and 
warren,  to  reft  and  abide  there  in  the  fafe  protection  of  the  king, 
fox  his  delight  and  pleafure ;  which  territory  of  ground  ^0  pri- 
vileged^ 


I 


4 


CJttlUC*  459 


vileged,  is  meered  and  bounded  with  unremoveaWe  mark^,  meets, 
and  boundaries,  either  known  by  matter  of  record,  or  by  prefcrip- 
tion;  and  ulfo  leplenifhed  with  wild  beafts  of  venary  or  chafe,  and 
with  great  coverts  of  vert  for  the  fuccour  of  the  faid  hearts  there 
to  abide :  tor  the  prefer vation  and  continuance  of  which,  there 
are  particular  oiBcers,  laws,  and  privileges  belonging  to  the  fame, 
requifite  for  that  puipofe,  and  proper  only  to  a  foreil-,  and  to  no 
other  place.      Manxv.  143. 

Note;  That  n/ert  comprehends  every  thing  which  bears  green 
leaves  in  the  foreft.     Mani-j.  146. 

2.  Beads  of  foreft  are  properly  hart,  hind,  buck,  hare,  boar  Beafts  of  foreft. 
and  wolf;  but  legally,  all  wild  bcafts  of  venary.      i  Injl.  233. 

3.  Purlieu  cooics  from  the  French,  -pur,  clear,  entire,  and  ex-  Purlieu,  what, 
empt ;  and  lieu,  a  place  ;  that  is,  a  place  entire,  cl''ar,  or  exempt 

from  the  forell :  and  (ignifies  thofe  grounds  which  Henry  the  fe- 
cond,  Ricbrtrd  the  firit,  or  king  John  added  to  their  ancient  fo- 
refts,  over  other  mens  grounds;  and  were  difafForefted  by  the  fta- 
i^litoi  charta  Je  fore fta.      4 /.vy?.  303.      Mamv.  zj^z. 

But  neverthelefs  the  fur  lieu  as  to  fome  purpofes  is  foreft  ftill, 
and  is  only  difafForelled  as  to  the  particular  owners  of  the  land 
and  for  their  benefit,  and  not  generally  to  give  liberty  to  any 
man  to  hunt  the  wild  besfts,  and  fpoil  the  vert.  And  if  thofe 
beafts  do  efcape  out  of  the  foreft  into  thepurliiu,  the  king  hath 
a  property  in  them  ftill  againft  any  man,  but  againft  the  owners 
of  the  woods  and  lands  in  which  they  are  ;  and  luch  owners  have 
a  fpecial  property  in  them  ratione  loci,  but  yet  fo  that  they  hunt 
them  fairly,  and  not  foreftall  them  in  their  return  towards  the  fo- 
reft.      'Mann.ij.  292. 

But  a  purlieu  man  may  not  hunt  In  every  man's  lands  within  the 
purlieu,  but  in  his  own  lands  only  ;  and  therefore  if  he  iind  the 
beafts  of  the  foreft  in  his  woods  or  lands  in  the  purlieu,  in  fuch 
cafe  he  hath  a  property  in  them  againft  any  other  man  ratione 
foil  (the  king  only  excepted.)  And  if  he  begins  the  hunting  in 
his  own  lands,  then  by  reafon  of  that  property  he  may  purfiie  his 
hunting  thro'  any  man's  woods  or  lands,  fo  as  he  doth  not  enter 
into  any  foreft,  chafe,  park,  or  warren.  And  if  he  k.U  the  beaft 
in  another  man's  land,  and  out  of  luch  privileged  place,  he  may- 
take  and  carry  away  the  fame  by  reafon  of  the  lirft  property. 
But  if  the  beafts  recover  the  foreft.  he  muft  call  back  his  dogs, 
for  they  are  then  the  king's  wild  beafts  again.  And  if  he  do 
not  call  back  aiul  rebj'r;e  his  dogs,  and  they  kill  the  beaft  in  the 
foreft,  he  is  a  trefpaft'er,  tho'  himfeif  never  came  within  the 
bounds  thereof.  But  if  in  hunting  towards  the  foreft,  the  dog^ 
faften  on  it  before  it  is  within  the  bounds  thereof,  and  the  dogs 
llill  hanging  on  are  drawn  by  the  deer  into  the  foreft,  and  it 
is  killed  there,  then  by  reafon  of  the  firft  property  which  he 
had  ratione  foli,  and  alfo  by  the  purfuit  and  polftflion  thereof 
before  it  entred  the  foreft,  he  may  lawfully  enter  and  take  it. 
Maniju.  194, 7, 

4.  A  chafe  {from  chafTer,  to  chafe)  is  a  privileged  place  fo'  re-  Chafe,  what, 
ceipt  of  deer  and  beafts  of  the  foreft,  and  is  of  a  middle  nature 

betwixt  a  foreft  and  a  park.   It  is  commonly  lefs  than  a  foreft,  and 

net 


460  (Burnt, 


cot  endowed  with  Co  many  liberties,  as  officers,  laws,  courfs;  and 
yet  is  of  a  larger  compafs  than  a  park,  having  more  ofiicers  and 
game  than  a  park.  Every  forelt  is  a  chafe,  but  every  chafe  is  not 
a  forelt,  h  difFereth  from  a  park  in  that  it  is  not  inclofrd;  for  if 
it  is  inclofed,  it  is  a  good  caufe  of  forfeiture ;  tho'  it  muft  have 
certain  metes  and  bounds,  but  it  may  be  in  other  mens  grounds  as 
well  as  in  one's  own.     Rert^.  Game.     Marnv.  49. 

Beafts  of  cha'c.  5-  Bealls  of  chafe  arc  the  buck,  doe,  fox,  martern,  and  roe  ; 
the  two  laft  of  which  are  not  row  in  England.     Manw.  50. 

Puk,  what.  6.   A  park  (from  the  French,  parqiur,  to  inclofe)  is  a  large  parcel 

of  ground  privileged  for  wild  bealts  of  chafe  by  the  king's  grant, 
or  by  prefcription.     Read.  Game. 

Eeaits  of  faik.  7.  The  hearts  of  park  properly  extend  to  the  buck,  doe,  fox; 
but  in  a  common  and  legal  fenfe  to  all  the  bealts  of  the  foreft. 
Read.  Gatiie. 

Park  to  be  in-         8.  A  park  muft  be  inclofed;  for  if  it  lies  open,  it  is  a  good 

clofed.  caufe  of  feizure  into  the  king's  hands,  as  a  thing  forfeited .    and 

the  owner  cajinot  have  an  aftion  againfl  thofe  that  hunt  in  his  paik, 
if  it  lies  open.      Read.  Gatne. 

Peer  fiia'.l  go  to       g.  Deer  in  a  park  Ihall  go  to  the  heir,  and  not  to  the  wecutor. 

the  heir.  ,  J^j}^  g_ 

Warren,  what.         '0.  A  luarren  is  a  place  privileged  by  prefcription  or  grant 

of  the  king,  for  the  prefervation  of  the  beafts  and   fowl  of  the 

warren;   <viz.    hares,   conies,   partridges,  and  pheafants.      Read. 

Game. 

Need  not  to  be         1 1 .  A  free  warren  may  lie  open,  there  being  no  neceflity  of 

inclofed.  indofing  it.      Read.  Game. 

Comes  (hall  go         \z.  Conies  in  a  warren  (as  hath  been  faid  before  of  deer  in  the 
eo  the  heir.         park)  {hall  go  to  the  heir,  and  not  to  the  executor,     i  Inj}.  8. 
Lieence  to  ereft.       13.  it  is  not  lawful  for  any  man  to  ereft  a  park,  chafe,  or  war- 
ren, without  a  licence  under  the  great  feal  of  the  king ;  becaufe 
the  common  law  gives  no  way  to  matters  of  pleafure,  for  that  they 
bring  no  profit  to  the  commonwealth.      2  Injl.  i  gg. 

But  in  the  cafe  of  K.  and  :  ;r  IV.  Lonvther,    M.    1 2  G.    There 
was  a  motion  for  leave  to  file  an  information  in  nature  of  a  quo 
•warranto,  agamlt  Sir  H  illiom  Loivther,  to  fhew  by  what  autho- 
rity he  iiad  made  and  fet  up  a  warren.     But  it  was  denied  by  the 
court ;  becaufe  ic  was  of  a  private  nature,  and  therefore  proper  to 
be  profecuted  only  in  the  name  of  the  attorney  general  by  mfor- 
roation,  if  his  mLJeiiy  thought  fit.     And  the  like  moiior  had  been 
denied  before  in  the  cafe  of  the  lord  Lijhurn.     L.  Roym.  1409. 
Str.  637. 
Which  of  thefc        1 4.  A  forelt  is  the  higheft  franchife  of  princely  pleafure;  the 
js  the  higheft       jj^xt  to  that  is  a  free  chafe ;  a  chafe  in  one  degrte  is  the  fame  as  a 
park,  only  a  park  is  inclofed,  and  a  chafe  is  alvvays  open;  the  next 
in  degree  to  a  free  cnafe,  is  a  park  ;  and  next  unto  a  park,  is  the 
franchife  of  a  free  warren.     Manuj.  148. 
Common  ia  a  '5-  A  perfon  may  have  common  in  a  chafe,  as  well  as  in  a 

chafe.  foreit;   but  a  forelr  is  governed  by  the  foreft  law,  and  a  chafe  and 

park  by  the  common  law.     4  Inji,  314.     Man-iv.  49. 
Trcfpafs,  ia  16.  If  I  find  a  pheafant  in  my  lands,  and  I  let  my  hawk  fly, 

what  cafe.  j  j^ay  follow  the  flight  ituo  another  man's  land,  by  reafon  of  the 

a  firfl 


I 


\ 


(I5ame*  461 

firft  property  which  I  had  in  the  pheafant  ratlone  felt ;  and  if  my 
hawk  kill  the  pheafant  in  another  man's  land,  1  may  enter  and 
take  it,  by  reafon  of  that  property  and  purfuit ;  and  in  that  cafe, 
I  (hall  not  be  punirtied  as  a  trefpader  for  taking  and  carrying  away 
the  pheafant,  but  only  for  entring  the  ground.  But  if  the  phea- 
fant fly  into  a  warren  (which  is  a  privileged  place  for  birds  of 
warren)  and  the  hawk  kill  it  there,  the  fakoner  ihall  not  have  the 
pheafant,  but  the  owner  of  the  warren  And  the  law  is  the  iame, 
in  the  cales  of  all  wild  bealls  of  the  foiefl:  and  cnaie,  Matinv. 
193,  196. 

17.  Notwithftanding  the  common  law  allows  of  the  hunting  of  No  trertafs  in 
foxes  and  badgers,  being  hearts  of  prey,  in  anotner  man's  ground,  ♦o'lowmg  beaA* 
becaufe  the  deltroying  of  them  is  looked  upon  as  a  publick  bene-  °    ^'^^' 
fit ;  yet  the  digging  and  breaking  the  ground  to  unearth  them  is 
held  to  be  unlawful,  and  the  owner  of  the  ground  may  maintain 
an  adion  of  trefpafs  in  that  cafe.     Cro.  Ja.  321. 

II.  Concerning  gamekeepers. 

1.  All  lords  of  manors,  or  other  royalties,  not  under  the  de- Vv'ho  may  ap- 
gree  of  an  efquire,  may  by  writing  under  their  hands  and  feals  point  a  game- 
(  A  )  authorize  one  or  more  gamekeeper  or  gamekeepers  within  keeper, 
their  refpedive  manors  or  royalties.     22  i^  23  C.  2.  c.  25.  /  2. 

2.  And  may  impower  him  thereby,  upon  their  own  manors,  to  With  power  to 
kill  hare,  pheafant,  partridge,  or  any  other  game  :  ^'^^  S^me. 

But  if  the  gamekeeper  fhall,  under  colour  thereof,  kill  or  take 
the  fame  for  the  ufe  of  the  lord,  and  afterwards  fell  and  difpofe 
thereof  without  the  lord's  confent ;  and  be  convidted,  on  com- 
plaint of  fuch  lord,  and  on  oath  of  one  witnefs,  before  one  ja- 
ftice ;  he  fhall  be  committed  to  the  houfe  of  correftion  for  three 
months,  to  be  kept  to  hard  labour.     5  J7t.  c.  14.  /  4. 

3.  But  no  lord  of  a  manor  fhall  make  above  one  perfon  to  be  a  One  gamekeeper 
gamekeeper  within  any  one  manor,  with  povver   to  kill  game. '"  °"^  "^*"°'' > 
And  the  name  of  fuch  perfon  fliall  be  encred  with  the  clerk  of  the  ^y"t}i°he^  clerk 
peace  where  the  manor  lies ;    the  entry  to  be  made  and  viewed  of  j^p  peace, 
without  fee;  and  a  certificate  thereof  fhall  be  granted  by  the  clerk 
of  the  peace,  on  payment  of  one  fhilling  : 

And  if  any  o.her  gamekeeper,  whole  name  is  not  fo  entred, 
nvho  Jhall  7iot  be  other-xicife  qualifiid  by  the  laws  of  this  kingdom 
to  kill  game,  fhall  kill,  fell,  or  expoie  to  fale  any  hare,  pheafant, 
partridge,  moor,  heath  game,  or  groufe ;  he  fhall  on  conviclioa 
before  one  juftice,  on  oath  of  one  witnefs,  forfeit  for  every  of- 
fence 5  /.  half  to  the  informer,  and  half  to  the  poor,  by  dillrefs ; 
for  want  of  diftrefs,  to  be  fent  to  the  houfe  of  corredion  for  three 
months  for  the  firft  offence,  and  for  every  other  offence  four 
months.     9^«.  f.  25.  /.  I. 

Who  Jf: all  not  he  otheriulfe  qualijied'\  From  thefe  words  it  feemeth 
dear,  that  a  gamekeeper  who  is  qualified  in  his  own  right  to  kill 
game,  need  cot  to  be  entred  with  the  clerk  of  the  peace. 

4..  And 


462  Gaiiit* 

To  be  alfo  a  mc-  4.  And  moreover,  by  the  3  G.  f.  11.  it  is  further  enafted, 
nial  fervant.  that  no  lord  of  a  manor  (liall  make  any  perfon  to  be  a  gamekeeper 
with  power  to  kill  game,  unlefs  fuch  perfon  be  qualified  by  the 
laws  of  this  realm  fo  to  do;  or  unlefs  fuch  perfon  be  truly  and 
properly  a  fervant  to  the  faid  lord ;  or  be  immediately  employed 
and  appointed  to  take  and  kill  the  game  for  the  fole  ufe  of  the  faid 
lord,  and  not  otherwife  : 

And  if  any  perfon,  not  being  qualified  by  thdaws  fo  to  do,  or 
not  being  truly  and  properly  a  lervant  ot  any  lord  of  a  manor,  or 
not  immediately  employed  and  appointed  to  take  and  kill  the  game 
for  the  fole  ufe  or  immediate  benefit  of  the  faid  lord,  fhall  under 
colour  or  pretence  of  any  power  or  authority,  deputation,  or  qua- 
lification to  him  granted  by  any  lord  of  a  manor,  take  or  kill  any 
hare,  pheafant,  partridge,  or  other  game  whatfoever  ;  or  fhall 
keep  or  ufe  any  greyhounds,  fetting  dogs,  hays,  lurchers,  guns, 
tunnels,  or  any  otner  engine,  to  kill  and  deftroy  the  game;  he 
fhall  forfeit  5  /.  in  like  manner.  /  1 . 
Gamekeeper's  5-  The  gamekeeper  (fo  authorized)  may  fearch  for  dogs  and 

power  to  fearch.  engines,  and  feize  the  fame  for  the   ufe   of  the  lord,  or  deftroy 
them.     22  (ff  23  C.  2.  f.  25.  /  2. 

But  it  hath  been  adjudged,  that  an  authority  from  the  lord  of 
the  manor  is  not  of  it  ielf  fufficient  for  this  purpofe,  but  that  he 
ought  to  have  a  warrant  from  a  juftice  of  the  peace.  Comb.  183. 
Carpenter  and  Jdams.  At  leaft  it  may  be  fafe  to  have  fuch  war- 
rant, efpecially  if  any  houfes  are  to  be  entred  and  fearched. 

For  it  would  give  too  great  a  power  to  the  gamekeepers,  to 
leave  it  in  their  difcretion  to  fearch  what  places  they  fhall  think 
proper,  as  alfo  to  conftitute  them  the  judges  whether  fuch  or  fuch 
a  perfon  is  or  is  not  qualified  to  kill  game.  Therefore  it  is  bed  to 
have  a  warrant  from  a  juftice  of  the  peace,  after  information  and 
oath  of  the  offence  firft  made. 

III.  Qualification  by  eflate  cr  degree  to  kill 
game ;  with  the  punifliment  of  perfons  un- 
qualified. 

The  qualification  by  eflate  for  killing  game,  in  the  reign  of 
K.  Richard  the  fecond,  was  40  j.  a  year ;  in  the  reign  of  K.  James 
the  firfl  it  was  advanced  to  10/.  a  year,  and  after  that  in  fome  in- 
ftances  to  40/.  a  year;  and  at  laii:  in  the  reign  of  K.  Charles  the 
fecond  it  was  raifed  to  100/.  a  year.  Not  that  the  laws  have  be- 
come gradually  more  feverc  ;  but  as  the  value  of  money  decreafed, 
the  qualification  was  raifed  in  proportion,  the  eftate  continuing 
nearly  the  fame;  for  an  eftate  of  40J.  a  year  in  the  reign  of  K. 
Richard  i\\Q  fecond  was  not  much  inferior  to  an  eflate  of  100/.  a 
year  in  the  reign  of  K.  CharUs  the  fecond.  And  the  penalty  for 
dedroying  the  game  was  even  more  fevere  then  than  it  is  now ;  as 
I  fhall  fhevv.  For  as  thofe  ancient  laws  relating  to  the  game  are 
flill  in  force,  and  are  generally  enaded  fo  to  be  by  the  fubfequent 
fiatutes,  it  will  be  necefTary  in  order  to  have  a  thorough  knosv- 
iedge  of  thi»  matter  to  infcrt  them  in  their  order ;  bccauie  the  pe- 
nalties 


1 


I 


(Same*  4^3 


nalties  on  each  being  different,  the  profecutor  or  jaftlces  may  chufe 
which  of  them  they  will  convift  an  offender  upon.  Thus  by  the 
ftatute  of  the  5  /I.  hereafter  following,  if  a  peiibn  not  having 
loo/.  a  year  fliall  keep  cogs  or  engines  to  deilroy  the  game,  he 
Ihall  forfeit  5  /.  but  if  fuch  perfon  have  not  40  s.  a  year,  he  may 
upon  the  flatute  of  i2.  2.  be  punifhed  by  a  year's  imprifonment ; 
and  fo  of  the  refl :  provided  that  no  perlon  be  profecutt-d  upon 
more  than  one  aft  for  one  offence. 

1.  The  firft  qualification  relating  to  the  game,  was  in  the  i  3th  4*^^- 
year  of  the  reign  of  R.  2.  by  which  it  is  enafted,  that  no  lay- 
man which  hath  not  lands  or  tenements  of  40/.  a  year,  nor  cler- 
gyman if  he  be  not  advanced  to  10/.  a  year,  (hall  have  or  keep 
any  greyhound,  hound,  nor  other  dog  to  hunt;  nor  fli^lI  ufe 
fyrets,  heys,  nets,  harepipes,  nor  cords,  nor  other  engines  for  to 
take  or  deftroy  de^r,  hares,  nor  conies,  nor  other  gtntlemens 
game:    on  pain  of  a  year's  imprifonment.     And   the  juilices  of 

the  peace  (that  is,  in  their  feffions)  fhall  enquire  of  the  offenders 
in  this  behalf,  and  punifh  them  by  the  pain  aforefaid.  13  ^.  2. 
ft.l.  c.  13.  ^ 

2.  The  next  qualification  by  eflate  or  degree  to  kill  game,  was  ^°''* 
by  a  ftatute  in  the  i  J.  whereby  it  is  enaded,  that  every  perfon 
who  fhall  keep  any  greyhound  for  courfing  of  deer  or  hare,  or 
fctting  dog  or  net  to  take  pheafants  or  partridges  (except  he  be 
feifed,  in  his  own  right  or  the  right  of  his  wife,  of  10/.  a  year 
eftate  of  inheritance,  or  30/.  a  year  of  a  lives  eftate,  or  goods  to 
the  value  of  200/.  or  be  the  fon  of  a  knight  or  lord,  or  the  fon 
and  heir  apparent  of  an  efquire)  and  be  thereof  convicted,  by  con- 
feflion,  or  oath  of  two  witnelTes,  before  two  juftices.  he  fliall  be 
committed  to  gaol  three  months,  unlefs  upon  conviction  he  pay 

20  s,  to  the  churchwardens  for  the  ufe  of  the  poor,  or  after  one 
month  after  his  commitment  he  become  bound  by  recognizance 
with  two  fureties  before  two  jultices,  in  20/.  a  piece,  not  to  of- 
fend again  in  like  manner,      i  J.  c.  27.  f.  3. 

3.  The  next  qualification  relates  to  deer  and  conies  only,  in  the  40 1. 
3  y.  c.  13.  by  which  it  is  enadted,  that  if  any  perfon  not  having 
hereditaments  of  40 /.   a  year,  or  not  worth  in  goods  2co/.  fhall 

ufe  any  gun  or  bow  to  kill  any  deer  or  conies;  or  fnall  keep  any 
buckftall,  nets,  or  coney  dogs  (except  he  have  grounds  inclofed, 
and  ufed  for  the  keeping  of  deer  or  conie?,  the  increafing  of  which 
faid  conies  fhall  amount  to  the  value  of  40 j.  a  year;  or  keepers 
or  warreners  in  their  parks,  warrens,  or  grounds);  in  Aich  cafe, 
any  perfon  having  lands  or  hereditaments  of  100/.  a  year  in  fee, 
or  for  life,  in  his  own  right  or  the  right  of  his  wife,  may  take 
from  fuch  perfon  to  his  own  ufe  for  ever  fiich  guns,  bows,  buck- 
flails,  nets,  and  coney  dogs.      3  '7-  <:■  I3«  J-  >• 

4.  The  next  qualification  relates  to  pheafants  and  partridges  4°^- 
only,  and  is  as  follows :  Every  free  warrener,  lord  of  a  manor, 

or  freeholder  feifed  in  his  own  or  his  wife's  right,  of  40/.  a  year 
of  inheritance,  or  lives  eftate  of  80/.  or  worth  in  goods  400/. 
may  take  pheafants  and  partridges  (in  the  day  time  only)  in  his 

1  free  warren,  manor,  or  freehold,    betwixt  Mkhaclmas  ar.d 

■Jlmai  yearly.     7  /.  c,  1 1.  /  7. 

5.  The 


464  (5a  me. 


looL  ajear.  5;.  The  laft  general  qualification  by   eftate  or  degree  to  kill 

game,  and  which  is  now  moft  to  be  regarded,  is  in  the  zz  ilf 
23  C.  2.  c.  25.  by  which  it  is  enacted,  that  ftrry  ft^fov,  net 
ha-vt>ig  lands  and ttnemcnti,  or  fame  other  eftate  of  inhtritnnee,  in 
his  o-u>r.  or  his  ivife's  right,  of  the  clear  yearly  'value  cf  lool.  per 
annum,  or  for  term  cf  life^  or  ha'uing  leofe  or  leafis  of  99  years, 
or  for  any  longer  term,  of  the  clear  yearly  rvalue  of  i  50I.  (other 
than  the  fan  and  heir  apparent  of  an  efquire,  or  other  perfon  of  higher 
degree,  and  the  anxinen  and  keepers  of  fore fs,  parks,  chafes,  or  ivar- 
rens,  being  Jiock^d iiilh  deer  or  conies  for  their  nereffary  ufe,  in  re- 
ffeSi  of  the  /aid  fore/is,  parks,  chafts,  or  ivarrens)  is  hereby  de- 
clared to  be  a  perfon  by  the  la^ws  cf  this  realm,  not  allonvcd  to  have 
er  keep  for  hinflf  or  any  other  perfon,  any  guns,  bo-ivs,  greyhounds, 
fitting  dogs,  ferrets,  coney  dogs,  lurchers,  hays,  nets,  lo^i'-'bels,  hare- 
pipes,  gins,  fnares,  or  other  engines  for  the  taking  and  killing  cf 
game.  f.  3. 
Searching  for  ^-  -^"^  ^^°  g^-f^ekcrper,  or  any  other  petfon  (authorized  ^^' ivisr- 

iogsaBderg'mes.  rant  (  B)  o/~  a  jufiice  cf  the  peace)  may  in  the  day  time  fearch  the 
boufcs,  outkoufs,  or  other  places  of  any  fuch  perfon  prohibit  id  by  this 
a6l  to  keep  or  ufe  the  fame,  as  upon  good  ground  fhall  be  fufpe&ed  to 
have  or  keep  in  his  cufiody  any  guns,  bo-ws,  greyhounds,  f  tting  dcgs, 
ferrets,  coney  dogs,  or  other  dogs  to  defircy  hares  or  conies,  hays, 
tramels,  or  other  nets,  lonvbeh,  harepipes,  fnares,  or  other  engines 
cforefaid,  and  the  fame  to  fize,  and  keep,  for  the  ufe  of  the  lord 
of  the  manor,  or  othcr<u:if  to  cut  in  pieces  or  deflroy.  22  &  23  C.  2. 
C.   25.    f.  2. 

»o$.  penalty  f.r  7-  -^"^  ^^  ^"X  unqualified  perfon  fhall  have,  keep,  or  ufe  any 
lieep-ng  dogs  and  bows,  greyhounds,  fetting  dogs,  ferrets,  coney  dogs,  hays,  lur- 
cflgioes.  chers,  nets,  tunnels,  lowbels,  harepipes,  fnares,  or  any  other  in- 

ftruments  for  deflruflion  of  fi(h,  fov/1,  or  other  game  ;  and  fliall 
not  give  a  good  account  before  a  juftice,  to  the  fatisfaftion  of  fuch 
juftice  how  he  came  by  the  fame,  or  elfe  fhall  not  in  forae  conve- 
nient time  (to  be  fet  by  fuch  juftice)  produce  the  party  of  whom 
he  bought  the  fame,  or  fome  other  credible  perfon  to  depofe  upon 
oath  fuch  fale  thereof;  he  (hall  forfeit  for  every  offence  not  under 
5  J.  nor  above  20  i.  half  to  the  informer,  and  half  to  the  poor, 
by  diftrefsj  for  want  of  diftrefs,  to  be  committed  to  the  houfe  of 
correction,  not  more  than  one  month,  nor  lefs  than  ten  days,  there 
to  be  whipt  and  kept  to  hard  labour.  And  if  any  perfon  fo  pro- 
duced or  charged  with  the  faid  ot^ence,  fhall  not  before  the  jaitice 
give  fuch  evidence  of  his  innocence  as  aforefaid,  he  fhall  be  con- 
victed thereof  in  the  fame  manner  as  the  peifon  frft  charged 
thetewich,  and  fo  from  perfon  to  perfon  till  the  firfl  offender  be 
difcovered      4^5  ^^'    c.  23.  /!  3. 

And  all  lords  of  manors  and  their  gamekeepers  may  within 
their  manors  oppofe  and  refill  fuch  offender,  in  the  night  time,  in 
the  fame  manner  as  if  the  faft  had  been  committed  in  any  ancient 
chafe,  park,  or  warren  inclofed.    f  4. 

And  no  certiorari  fhall  be  allowed  to  remove  any  conviftion, 
unlefs  the  party  firft  become  bound  to  the  profecutor  in  50/.  with 
fuch  fufHcient  fureties  as  the  juftice  (hall  think  fit,  to  pay  \»ithin  a 
riioiith  after  the  ccnviflion  confirmed,  or  procedendo  granted,  full 

colV, 


I 


1 


I 


■^ 


asmxt  465 


co'li  and  charges;  and  in  default  thereof,  the  jallice  ihall  proceed 
to  the  execution  of  the  conviftion.    f.  7. 

8.   But  by  a  ftibfequent   ftatute  ^  Jn.   r.  14.   !/  any  per/on,  not  5I.  penalty  for 
cualified  by  the  la^us  of  this  realm  Co  to  do,  JJ^aU  keep  or  '  ufe  ay.y  keeping  dcgs  and 
/        Jr..-       J         L  J      L  .         1  .L  .  -^  engines ;  and  the 

grfyh(,unas,  fctttng  dogs,  hays,  lurchers,  tunnels,  or  any  other  engines  ^  °^  »    . 

to  all  and  dijlroy  the  game,  and  Jl^all  be  thereof  conmSled  (CD)  feizedt 
on  the  oath  of  one  credible  ivitnefs,  before  one  jujiice,  he  fall  forfeit 
5  1.  half  to  the  informer,  and  half  to  the  poor,  by  dijirejs  (  E  ) ; 
for  <ivaHt  of  diflrefs,  to  be  fent  to  the  hoife  of  correSiion  (  F  )  for 
three  months  fr  the  firjl  cjence,  arid  for  enjery  other  offence  Jour 
months : 

And  any  jufire,  and  lord  nvithifi  his  tnanor,  7nry  take  a-tvay  fuch 
dogs,  nets,  or  other  engines,  nxihich  Jhall  be  in  the  poiver  or  aijlody  of 
any  perfon  not  qualified,      f .  4. 

"Not  qualified  hy  the  laws  of  this  realm"]  On  a  convidion  on  this 
ftatute,  exception  was  taken,  that  the  defendant  not  being  a  per- 
fon io  and  fo  qualified,  and  enumerating  diftinftly  the  feveral  qua- 
lifications in  22  {ff  23  C.  2.  omitted  a  new  qualification  allowed  by 
this  ad,  namely,  that  he  was  not  a  perfon  authorized  by  a  lord  (or 
lady)  of  a  manor  to  kill  game  for  his  ufe.  And  by  the  court;  Had 
it  been  generally  laid  thus,  that  he  not  being  a  perfon  qualified  ac- 
cording to  law,  and  fo  on,  it  had  been  enough ;  but  the  qualifica- 
tions being  diltindly  and  feverally  mentioned,  the  omifiion  of  one 
is  fatal.      10  Mod.  26.     T.   10  Jn.  ^a.T\d  Matthe'vjs. 

But  in  the  cafe  of  K.  and  Marriott,  M.  4  G.  There  was  a 
convidion  for  keeping  a  greyhound  ;  rec'ting  that  one  IViUinfn 
Toune  came  and  informed,  that  the  defendant  bein^  a  perfon  not 
qualified  to  keep  a  greyhound,  did  neverl  leleis  keep  one  at  fuch 
a  place,  and  therewith  killed  feveral  bares;  and  that  he  being 
fummoncd  did  iippear,  and  being  afked  what  he  had  to  fay,  of- 
fered nothing  ia  excufe,  and  thereloie  the  juftice  convicled  him. 
It  was  objeded,  that  the  jultice  fhould  fet  our,  why  the  defen- 
dant is  not  a  qualified  perfon,  as  that  he  is  not  the  fon  of  an 
efquire,  nor  has  100/.  a  year  in  his  own  cr  h;  wife's  right: 
For  he  ought  not  to  make  himfelf  the  fole  j  ;dge,  but  give  the 
reafons  at  large.  P  :  k. ,-  Ch.  ].  feemed  to  think  the  convidion 
would  be  good,  having  followed  the  words  of  the  llatute,  and 
that  if  the  defendant  was  qualified,  he  ought  to  have  fhewn  it  be- 
fore the  juftice,  being  fumrr.oned  for  that  purpole.  Eyre  J.  ftarted 
an  objection,  that  it  was  not  the  juflice  that  had  taken  upon  him 
to  fay  the  defendant  was  not  qualified  ;  but  only  the  witnefs ;  for 
the  convitflion  runs,  that  the  witnefs  being  fworn  faith,  that  the 
defendant  being  a  perfon  no  nuay  qualified  did  fuch  a  day  keep  a 
greyhound ;  fo  that  it  appears,  the  witnefs  has  given  the  law  to 
the  jiiftice,  and  takes  upon  himfelf  to  j  jdge  of  the  defendant's 
qualifications,  and  the  juftice  h  only  made  ufe  of  as  an  inltrument, 
to  reduce  the  opinion  of  the  witnefs  into  a  conviction.  By  Parker 
Ch.  J.  the  ^f;;7^  not  qualified  (hould  be  the  conclufion  of  the  ja- 
ftice,  and  not  the  words  of  the  witnefs ;  for  he  ought  not  to  fv/car 
generally  a  man  is  not  qualified,  and  fuch  a  general  proof  will  not 
be  good :    This  is  ©nly  an  invention,  to  fupport  a  convidion  in 

V  fc>  L.    L  H  h  general 


4^6  (Same* 


general  terms,  which  would  be  bad  if  the  particular  fafls  were 
alledged.  Pmtt  ].  Where  the  juftices  have  a  fummary  jurildic- 
tion,  and  no  appeal  lies  (as  in  this  cafe),  we  muft  keep  them  up 
ftri(flly  to  the  law;  and  I  fhotild  be  glad  if  we  could  make  them 
fet  out  the  whole  particularly.  7"he  cafe  was  adjourned.  And 
afterwards  Pctfgelly  ferj'-ant  mentioned  two  cafes,  J^.  ar.d  Hay- 
*wurd^  E.  1 2  An.  There  it  was,  not  being  qualiJieJ,  liccr.f.J,  or 
authorized  to  keep  an\  engirt  ;  and  it  was  quarticd  The  other 
was  the  fame  term,  and  quafhcd,  becaufe  no  qualifications  were 
mtnfioned  And  towards  the  end  of  the  term  this  conviftion  was 
quafhed  ;  and  the  principal  reafon  declared  ro  be,  becaufe  the  wit- 
neflcs  had  taken  upon  themfelveSj  to  judge  of  the  qualifications. 
Sir.  66. 

And  in  the  cafe  of  K.  and  Bnan,  M.  \z  G.  2.  which  was  a 
convidlio.n  on  the  gin  ad,  exception  was  taken,  that  there  was  no 
averment,  that  it  was  not  iold  to  be  ufed  in  medicine  :  and  the 
cafes  on  the  game  aft  were  mentioned,  where  in  convidlions  it  is 
necefTary  to  exclude  all  the  qualiiications  for  kilhng  game.  On 
the  other  hand,  it  was  infi'fted,  that  the  reafon  of  that  was,  be- 
caufe thofe  were  in  the  enading  claufe,  w  hereas  this  about  me- 
dicine comes  in  by  way  of  provifo,  and  is  by  way  of  defence  to 
be  fhewn  on  the  defendant's  part.  And  for  that  purpofe  was 
cited  K.  and  Ihctd,  M.  1 1  G.  where  in  a  conviction  for  obftruft- 
ing  an  excife  ofHcer  on  the  8  Jn.  c.  9.  it  was  objected,  that  it 
not  being  averred  to  be  in  the  day,  it  ihould  have  been  Ihewn  that 
there  was  a  conllable  prefent,  which  is  made  necefTary  in  the 
night;  but  it  was  held  to  be  well,  and  that  its  being  in  the  night 
Ihould  have  been  fhewn  on  the  defendant's  part.  And  by  the 
court,  This  is  brought  within  the  general  enabling  claufe  :  and 
the  true  diftindion  is,  where  the  extenuation  comes  in  by  way  of 
provifo,  or  exception.  And  the  convidion  was  confirmed. 
Str.  1 1  o  I , 

Neverthelefs,  after  all,  perhaps  it  may  require  feme  confidera- 
tion,  v/hether  it  may  not  be  motl  fitting,  that  the  quahfication,  if 
tlaere  is  any,  fhould  come  from  the  defendant  hinifelf,  when  he 
is  afked  what  he  hath  to  fay,  why  he  fhould  not  be  convided. 
For  it  feemeth  ordinarily  impoflible  for  a  witnefs  to  fwear  to  fo 
many  negatives  as  are  implied  in  the  want  of  a  qualification ;  as 
that  the  perfon  had  not  then  1 00  /.  a  year  of  freehold,  nor  150/.  a 
year  held  by  leafe  for  99  years  or  upwards ;  that  he  was  not,  at 
the  time  of  the  offence  committed,  fon  and  heir  apparent  of  an 
efquire  or  perfon  of  higher  degree ;  nor  the  keeper  of  any  forell, 
park,  chafe,  or  warren ;  nor  gamekeeper  to  a  lord  or  lady  of  a 
manor.  Which  particulars  may  caufe  it  to  be  necefTary,  for  the 
witnefs  to  have  feen  the  rent  roll  of  fuch  perfon's  ellate,  and  his 
title  deeds,  and  to  underfland  the  nature  and  law  of  tenures,  and 
what  annuities,  rent  charges,  or  oiher  incumbrances  do  aiFed  fuch 
ellate ;  alfo  it  may  require  fome  knowledge  of  heraldry  and  pe- 
digrees, fo  far  forth  as  to  know,  who  fhall  or  Hull  not  be  deemed 
an  (Jquire  (which  perhaps  may  puzzle  a  wifer  man  than  a  com- 
mon informer),  or  perfon  of  higher  degree,  and  whether  or  no 
the  defendant  is  fon  and  heir  apparent  to  any  fuch  perfon  j  alfo 
3  « 


©ame.  467 


k  may  be  requifite  for  the  witnefs  to  know,  what  by  any  ordinary 
means  he  cannot  come  to  the  knowledge  of,  namely,  that  the 
defendant  is  not  keeper  of  the  foreft,  park,  chafe,  or  warren 
within  which  the  game  might  be  killed,  and  what  are  the  boun- 
daries of  fuch  foreft,  chafe,  or  warren;  and  he  muft  have  at- 
tended the  keeper  of  the  rolls  of  the  quarter  feflions,  to  know 
whether  the  defendant  is  not  inroUed  gamekeeper  of  the  manor 
within  which  fuch  game  might  be  killed,  and  whether  there  is  any 
other  inrolled  before  him  for  killing  game  within  the  fame  manor, 
and  muft  know  alfo  what  are  the  boundaries  of  fuch  manor. 
Thefe  and  many  other  fuch  like  particulars  may  happen  to  be  in- 
cluded, in  that  general  fwearing  that  a  peifon  is  not  qualified  to 
kill  game.  Therefore  ic  Ihould  feem  to  be  fufficienr,  that  the 
witnefs  fwear  to  the  fad  only  of  killing  game,  or  ke<^ping  inftra- 
ments  fo  to  do,  and  confequently  to  fet  forth  that  and  no  more  ia 
the  convidlion,  but  that  further  the  defendant  did  alledge  nothing 
in  his  defence,  why  he  (hould  not  be  convifted  ;  or  if  he  pleaded 
any  thing  of  qualification,  then  to  fet  forth  that  alfo  fpecially,  that 
the  court  may  judge  thereupon,  whether  or  no  he  was  qualified  by 
the  laws  of  this  realm. 

Sha//  keep  or  ufe]  H.  8  G.  K.  and  Filer.  Conviftion  for  leep- 
iijg  a  lurcher  to  deftroy  game,  not  being  qualified.  Exception 
was  taicen,  that  it  was  not  Ihewn  he  ufed  the  dog  to  deftroy  game; 
and  it  may  be  he  only  kept  it  for  a  gentleman  who  was  qualified, 
k  being  common  to  put  out  dogs  in  that  manner.  But  by  the 
court.  The  ftatute  is  in  the  difjundive,  keep  or  ufe;  fo  that  the 
bare  kfiping  a  lurcher  is  an  ofFence;  and  fo  it  was  determined  in 
■the  caie  of  K.  and  King,  E.  3  G.  which  was  a  conviction  for 
keeping  a  gun  ;  and  it  was  not  doubted  by  the  court,  whether  the 
ieepiTtg  was  not  enough  to  be  fliewn,  but  the  only  queftion  they 
made  was,  whether  a  gun  vva".  fuch  an  engine  as  is  within  that 
flatute :  and  in  that  cafe  a  diflerence  was  taken,  as  to  the  keeping 
a  dog,  which  could  only  be  to  deftroy  the  game;  and  the  keeping 
Vl  gun,  which  a  man  might  do  for  the  defence  of , his  houfe.  And 
dae  convidlion  was  confirmed,     Str.  496. 

Ufe']  In  the  cafe  of  K.  and  King  aforefaid,  Parhr  Ch.  J.  faid, 
that  walking  about  with  intent  to  kill  game,  is  evidence  of  ujing 
the  inftrument  for  that  purpofe.     Sejjf.  C.  V.  i.  .88. 

Any  greyhounds,  felting  dogs,  hays,  lurchers,  hmnels^  or  airj  other 
^vpnes'\  H.  136.  2.  Hooker  and  Wilks.  An  aftion  of  debt  was 
brought  on  the  8  G.  c.  19.  for  the  penalty  of  30  /.  by  ufing  a 
hound  to  deftroy  game.  And  after  a  verdid  for  the  plaintiff,  the 
Judgment  was  arrefted  ;  for  the  ftatute  of  the  5  Jn.  c.  1 4.  has 
not  the  word  hound,  and  the  words  other  engines  come  after  nets, 
and  are  applicable  only  to  inanimate  things.  And  this  being  s 
penal  law,  cannot  be  extended.  The  ftatute  of  the  22  ^  23  C  z. 
t.  25.  has  indeed  general  words,  or  any  other  dogs  to  defray  gamei 
fctit  this  is  TKit  a  convi(2io«  on  that  ftatute.     Ztr.  1 1 26. 

Nor  indeed  could  it  have  been  a  corwiccion  on  that  ftatute,  for 
anj  pecalty  ia  ceitaia  i&t  killing  snd  deliroyine;  the  game  i  for 

Hh  3  i»v« 


468  0mit. 


the  ftatute  of  the  22  Sif  23  C.  2.  doth  not  infliA  a  general  pe 
nalty,  upon  perfons  unqualified  who  ftiall  kill  and  deftroy  the 
game;  but  only  declares,  who  (hall  or  fhall  not  be  deemed  un- 
qualified ;  and  gives  power  to  lords  of  manors  and  their  game- 
keepers to  feize  the  dogs,  nets,  and  other  engines  of  fuch  unqua- 
hf.ed  perfons.  But  if  the  defendant  did  kill  the  game,  and  had 
the  fame  in  his  cuftody ;  he  might  have  been  profecuted  for  the 
penalty  of  20  s.  for  fuch  offence,  by  the  ftatute  of  the  4  ^  5  W. 
hereafter  following. — But  then  the  confequence  of  all  this  will  be, 
that  it  is  not  penal  barely  to  ieep  a  &ou>!//  on  this  ftatute  of  the 
5  Jti.  but  if  any  unqualified  perfon  fhall  do  fo,  the  gamekeepers 
or  others,  authorized  by  a  juftice's  warrant,  may  feize  and  keep 
or  dellroy  the  fame,  by  the  aforefaid  ftatute  of  the  22  ^ 
23  C.  2. 

^ny  othtr  £ngtnes\  T.  \\  G.  2.  K.  and  Gardiner.  It  was  moved 
to  qua(h  a  convidion,  for  unlawfully  having  and  keeping  a  gutry 
being  an  engine  or  inftrument  for  dellroying  the  game.  And  it 
was  urged,  that  this  is  no  fufficient  charge  within  this  aft,  or  any 
other  of  the  laws  relating  to  the  game :  For  it  is  not  faid,  that 
the  defendant  ujed  the  gun  for  the  deftruftion  of  game  j  and  a 
gun  is  not  an  inftrument  fo  far  appropriated  to  killing  game,  as 
that  it  is  criminal  for  a  perfon  to  have  one  in  his  cuftody  only : 
And  it  vi'ould  have  been  altogether  as  well,  if  it  had  been  faid, 
that  the  defendant  had  in  his  cuftody  a  cam  for  the  deftrudlion  of 
the  game,  which  may  poffibly  be  ufed  for  that  purpofe.  The 
only  offences  intended  to  be  prevented  by  the  aft  are,  the  keep- 
ing of  engines  appropriated  to,  and  which  can  only  be  ufed  in, 
the  deftroying  of  game,  A  gun  is  an  engine,  not  for  killing  the 
game,  but  for  the  defence  of  a  man's  houfe.  And  the  whole 
court  were  clearly  of  opinion,  that  this  conviftion  is  not  good. 
For  (as  they  argued)  if  the  ftatute  is  to  be  conftrued  fo  largely, 
as  to  extend  to  the  bare  having  of  any  inftrument,  that  may  poffi- 
bly be  ufed  in  deftroying  game,  it  will  be  attended  with  very 
great  inconvenience  ;  there  being  fcarce  any,  though  ever  fo  ufe- 
ful,  but  what  may  be  applied  to  that  curpofe.  And  though  a 
gun  may  be  ufed  in  deftroying  game,  and  when  it  is  {o^  doth  then 
fall  within  the  words  of  the  aft;  yet  as  it  is  an  inftrument  pro- 
per, and  frequently  neceflary  to  be  kept  and  ufed  for  other  pur- 
pofes,  as  the  killing  of  noxious  vermin,  and  the  like,  it  is  not  the 
having  a  gun,  without  applying  it  in  the  deftruftion  of  game, 
that  is  prohibited  by  the  aft :  but  o'herwife  it  is  of  lurchers, 
harepipes,  and  fuch  like,  which  are  peculiarly  fitted  or  difpofed 
for  killing  game.  The  bare  keeping  of  thefe  for  the  purpofe  of 
killing  game,  is  fufficient  to  convict  an  offender,  and  it  will  be 
incumbent  upon  the  defendant  himfelf  to  prove,  that  he  kept  them 
for  other  purpofes.  And  the  conviftion  therefore  was  quaftied. 
After  which.  Strange  folicitor  general  faid,  that  in  the  cafe  of  A', 
and  King,  E.  3  G.  Lord  Macdafidd  faid,  that  lie  was  in  the 
houfe  of  commons  when  this  aft  was  made,  and  he  himfelf  ob- 
jcfted  to  the  inferting  of  the  word  gun  therein,  becaufe  it  might 
2  be 


be  attended  with  great  inconvenience.     AnJr.  255.     SeJ^.  C. 
V.  2,    204.      Ztr.  1098. 

And  indeed  it  was  not  at  all  neceffary  to  infert  a  gun  in  this 
aft  J  fince  the  carrying  of  a  gun  is  piohibited  under  double  the 
penalty,  by  the  flatute  of  //.  8.  hereafter  following. 

And  Jhall  be  thereof  con-viiieJ']  H.  6  G.  K.  and  John/on.  Con- 
viftion  for  keeping  a  gun,  not  being  qualified.  Exception  was 
taken,  that  here  was  not  a  reafonable  fummons ;  for  it  was  made 
on  the  fifth  of  Oaober,  to  appear  the  fame  day,  which  might  be 
impoilible  upon  account  of  diftance,  or  the  fummons  being  ferved 
late,  and  his  witnefles  might  not  be  got  together  on  fo  fhort  a 
warning :  then  it  is  to  appear  at  the  paj-ijh  afore/aid,  whereas 
there  are  two  parifhes  mentioned  before ;  fo  the  man  may  have 
gone  to  one,  whilfl  they  were  convicting  him  at  the  other.  It 
was  anfwered,  that  the  defendant  appeared  at  the  time  and  made 
defence,  fo  that  cures  all  defefls  in  the  fummons.  And  by  the 
court.  The  anfwer  is  right.     Str.  261. 

On  the  oath  of  one  credible  iioitne/i]  H.  g  G.  K.  and  Gage. 
The  defendant  was  convifted  for  uiirg  a  greyhound  in  killing 
hares.  Exception  was  taken  to  the  convidion,  that  the  ftatme 
hath  only  given  the  juftices  jurifditSion  to  convid  upon  the  oath 
of  one  or  more  credible  witneffes,  whereas  this  was  upon  his  own 
confefllon,  which  it  was  infifted  the  juftices  had  no  power  to  take. 
But  by  the  court.  The  conviftion  mull  be  confirmed.  The  in- 
tent of  mentioning  the  oath  of  one  witnefs,  was  only  to  direft 
the  juftices,  that  they  (hould  not  convift  on  lefs  evidence :  fuppofe 
the  confeffion  had  not  been  before  the  juftices,  but  before  two 
witnefles  who  had  fworn  it ;  that  would  be  convidling  him  on  the 
oaths  of  witneflTes,  and  yet  the  evidence  would  not  be  fo  ftrong  as 
this.  Here  the  juftices  had  a  better  evidence,  than  the  oath  of 
any  fingle  witnefs  j  and  it  is  a  monftrous  thing  to  fay,  that  a  bet- 
ter fort  of  evidence  fhall  not  do.     Str.  546. 

Credible  nxitnefs]  M.  2  G.  2.  K  and  Stone.  A  conviftion  was 
quafhed,  becaufe  the  informer  was  the  witnefs ;  divers  convidions 
having  been  quaftied  for  the  fame  reafon  before.  L.  Rnym.  1545. 
The  fame  adjudged  in  the  cafe  of  K.  and  Blaney,  7".  il  G.  2. 
Andr  240. 

Before  one  jupcc\  H  1 2  G.  K.  and  Buck.  It  was  moved,  to 
quafti  an  indictment  for  killing  a  hare,  this  not  being  a  matter  in- 
diftable,  the  Itatute  appointing  a  fummary  proceeding  before  ju- 
ftices of  the  peace  ;  and  a  cafe  was  cited  K.  and  James,  T.  i  G. 
where  an  indiiitment  for  keeping  an  alehoufe  was  quafhed,  becaufe 
the  ftatute  of  the  3  C.  c.  3.  had  direfted  a  particular  remedy. 
And  by  the  court.  The  indiflment  rauft  be  quaftied.     Sir.  679, 

Shall  forfeit  ^X."]  7".  \o  An.  ^  zni.  Matthe^vs.  On  a  con- 
viclion,  exception  was  taken,  that  the  perfon  was  charged  with 
fo  many  5  /.  as  he  had  killed  hares  in  the  fame  day.  And  the 
court  was  of  opinion,  that  the  offence  for  which  the  ftatute  gave 
the  forfeiture,  was  the  keeping  dogs  and  engines,  and  not  killing 

H  h  3  the 


470  (5mit4 


the  hares.  If  a  man  not  qualified  goes  a  hunting,  and  kills  never 
fo  many  hares  on  the  fame  day,  he  would  forfeit  but  one  5  /.  for 
it  is  bit  one  offence ;  but  if  a  man  keeps  dogs,  and  goes  a  hunt- 
ing feveral  days,  and  kills  hares,  if  it  was  thus  laid,  that  he  fuch 
a  day  kept  dogs  and  killed,  and  then  again  fuch  a  day,  by  laying 
thus  feverally,  the  offence  is  fevered,  and  be  Ihall  forfeit  5  /.  for 
each  offence.      10  Mod.  26. 

By  dijlr^/s']  T.  9  G.  K.  and  Burehett.  The  court  ordered  an 
attachment  (unlefs  caufe  Ihewn)  agaii  II  the  town  clerk  of  Guild- 
Jold,  and  a  defendant  convif^ed  on  the  game  act,  for  granting  and 
fuing  out  a  replevin  of  goods  diftramed  for  the  penakv.  But  on 
(hewing  caufe  the  next  i<:-rm,  when  Eyre  ].  only  was  prefent,  he 
difcharged  the  rule,  becauft:  it  was  only  a  contempt  to  the  infe- 
rior jurifdift  ion  of  thejulliccs,  and  in  that  cafe  the  king's  bench 
never  interpofes.     Sir.  567. 

For  ivniit  of  dijirefs,  to  be  fent  to  the  houfe  of  correRkti^  T, 
12  G.  HiJI  and  Batenuin.  Before  Raymond  Ch.  ]  at  l'FiJh}ii?iJ}cr. 
The  defendant  Batemati,  being  a  juftice  of  the  peace,  had  con- 
vitled  the  plaintiff"  for  dellroying  game,  and  thouph  (as  it  was 
proved)  the  plaintiff  had  effedls  of  his  own,  which  might  have 
been  diilrained,  which  were  lufficicnt  to  anfwer  the  penalty  he 
had  incurred,  yet  the  defendant  fent  him  immediately  to  Bridr- 
fiiell,  without  endeavouring  to  levy  the  penalty  upon  his  goods:  and 
an  adion  of  trefpafs  and  falfe  imprifonmert  being  brought  againll 
BaUsman  for  this  commitment,  the  chief  jurtice  was  of  opinion, 
that  the  aftion  well  lay.  And  it  was  agreed,  that  where  adlions 
of  this  kind  are  brought  againft  juftices  of  the  peace,  they  are 
obliged  to  (hew  the  regularity  of  their  conviftions;  and  the  in- 
formations, Uc.  laid  before  them,  upon  which  their  conviftions 
are  grounded,  muft  be  produced  and  proved  in  court.     Str.  710. 

Jl>id  [«a]  certiorari //6/v//  he  allo^^ed  to  remo'ue  the  cowjiSlion  or 
other  proceedings  on  this  a£l,  unlefs  the  patty  con'viBed  Jl^all  before 
the  allo'wance  thereof  become  bound  [G]  to  the  profccutor  in  50 1. 
*with  fuch  fureties  as  the  jujiice  Jhall  think  ft,  to  pay  full  cofrs  and 
charges  in  1 4  days  after  the  con'viBion  [confr7ned'\,  or  procedendo 
granted.  And  in  default  thereof,  the  jufice  fall  proceed  in  execu- 
tion of  the  con^oiSiion  in  fuch  mariner  as  if  no  certiorari  had  been 
n'Tvarded.      5  An.   C.  14.  f.  2. 

Note;  The  word  [;w]  is  inferted  inftead  of  the  words  \jf  any\ 
which  are  in  the  a£l,  fmce  that  word  feemeth  neceffary  to  make 
up  the  fenfe  ;  and  the  word  [ccnfrmed']^  is  added  for  the  like  rea- 
fon.     And  indeed  there  have  been  too  many  inadvertencies  in  the 
drawing  up  of  tl)is  aft ;  for  there  is  falfe  grammar  in  no  fewer 
than  fix  places,  befidcs  other  miftakes. 
Search  for  game  j       9"   -^"^  '^^  confable^  authorized  by  a  jufice^s  ^varrant,  pall 
viithzos.  penal-  enter  into  and f  arch  (in  fuch  tnanner  and  I'jith  fuch  poiver  as  in  cafe 
ty  tor  baviDg  it.   ruuhere  goods  are  folen,  or  ffpe£led  tohe  Jiolev)  the  koufes,  outhoufeSy 
or  other  places  belonging  to  fuch  houfs  of  fufpcSicd  perfons  not  quali- 
fied:   And  if  any  hare,  partridge,  pheafant,  pigeon,  fjh,  foix'f,  or 
other  game,  Jhall  (upon  fuch  farch,  or  othernvif)  be  found,  the 
cffender  full  be  carried  before  a  jufice  i   arid  if  fuch  perfn  do  not 

giiJi 


<5mXt.  47^ 


p've  a  good  account  hoiv  he  came  hy  the  fame,  fuch  as  Jhall  fat'ufy 
the  faid  jufiice,  or  elfe  Jhall  not  in  fame  con-veTiient  time,  to  be  Jet  by  - 
the  jujiice,  produce  the  party  of  ivhom  he  bought  the  fume,  or  fome 
other  credible  perfon  to  drpcfc  upon  oath  fuch  fale  thereof  he  fhall  bt 
can-viSied  hy  the  fiid  jujiice  of  fuch  offence,  and  upon  fuch  con'viclion 
fhall  forfeit  for  every  hare,  partridge,  phenfunt,  ffh,  foivl,  or 
other  game,  any  fum  not  under  5  s.  and  not  exceeding  20  s.  half  to 
the  informer,  and  half  to  the  poor,  by  difirefs  j  for  ivant  of  dijircfs, 
to  be  committed  to  the  houfe  oj  correBion  not  more  than  one  month, 
nor  lefs  than  ten  days,  there  to  be  ivhipt  and  kept  to  hard  labour, 
4  &  5  W.  c.  23.  f.  3. 

Or  other  gamrl  Rabbets  killed  io  a  private  warren,  are  not  game 
within  this  adt.     L.  Raym.  151. 

For  every  hare,  ffh,  foivl^  or  other  game']  Thefc  words  are  very 
penal. 

j4nJ  if  any  perfon  fo  produced,  or  charged  ivith  the  faid  offence, 
Jhall  not  before  the  jujiice  give  fuch  evidence  of  his  innocence  as  afore- 
faid,  he  Jhall  he  convi^ed  thereof  in  the  fame  manner  as  the  perfon 
frjl  charged  there~vith,  and  fo  from  perfon  to  perfon  till  the  frji 
off'cnder  be  dif cove  red.     id.  f.  3. 

Jnd  no  certiorari  fyall  be  allovued  to  remove  any  connjiSion,  aa- 
lefs  the  party  firji  become  bound  to  the  profecutor  in  50 1.  ivith  fuch 
fufficient  f unties  as  the  jujiice  Jhall  think  fit,  to  pay  voithin  a  month 
aj'ter  the  convi£lion  confirmed  or  procedendo  granted,  full  cojis  and 
charges ;  and  in  default  thereof,  the  jufiice  to  proceed  to  the  execution 
of  the  convidion.     id.   f.  7, 

10.  If  any  higler,  chapman,  carrier,  innheeper,  viSlualler,  or  ^^f ^jg^j  j^jying 
alchouftkeeper,  fhall  have  in  his  cujlody  or  poffijjion,  or  Jhall  buy,  game, 
fell,  or  offer  to  fll  any  hare,  ^heafant,  partridge,  moor,  heath- 
game,  or  groufe,  unlefs  fuch  game  in  the  hands  of  fuch  carrier  he 
fent  up  by  feme  perfon  qualified ;  ^or,  if  any  perfon  vjhatfoever, 
nvhethcr  qualified  or  not,  Jhall  fell,  expofe,  or  offer  to  fale  any  hare, 
pheafant,  partridge,  moor,  heath-game,  or  groufe,  28  G.  2.  C-  12.) 
be  Jhall  be  carried  before  a  jujiice  nvhere  the  offence  is  commit tect 
(  H);  and  being  conviSled  thereof  (in  three  months  after  the  of- 
fence) on  vievj,  or  oath  of  one  vjitmfs,  he  fhall  forfeit  for  every 
hare,  phcafant,  partridge,  moor,  heath- game,  or  groufe,  the  fur* 
of  ^\.  half  to  the  informer,  and  half  to  the  poor,  by  difirefs  (  I ) ; 
for  vjant  of  difirefs,  to  be  committed  (  K  )  ?o  the  houfe  of  corre^ion 
for  the  firfi  offence  three  months,  and  for  every  other  offence  four 
months.     5  An.  q.  14.  f.  2. 

ConviBed — on  view,  or  oath  of  one  vjitnefs]  Confefjion,  tho* 
not  mentioned  in  the  ftatute,  being  Itronger  evidence  than  the  oath 
of  one  witnefs,  was  adjudged  to  be  good.  H.  9  G.  K,  and  Gage, 
Dalt.  109,  162. 

And  no  certiorari  Jhall  be  allovued  to  remove  the  conviSlion  or 
9ther  proceedings,  unlefs  the  party  conviBed  Jhall  before  the  allovo* 
ance  thereof,  become  bound  to  the  profecutor  in  50 1.  voith  fuch 
fureties  as  the  jufiice  Jhall  think  fit,  to  pay  full  cofts  in  1 4  days 
fftsr  the  conviBion  confirmed,  or  procedendo  granted.     And  in  de- 

H  h  4  fault 


A/12  (Same* 


fault  therfof,  the  jufiice  Jhall  proceed  in  execution  of  the  c'mviilii7if 
in  fucb  manner  as  if  no  certiorari  had  been  aiuarded.  5  An. 
C.  14.    f    2. 

Jnd  if  any  hare^  pheafant,  partridge,  moor,  heath-game,  or 
grcufe,  Jhall  be  found  in  the  pop,  houf,  or  pojfejjlon  of  any  poul- 
terer, faufman,  fijhmonger,  cook,  or  pcjlry  cook,  or  of  any  perfon 
not  q^ualified  in  his  oijun  right  to  kill  game,  or  intitlcd  thereto  under 
fome  ptrfon  fo  qualifcd,  it  Jhall  be  deemed  an  expojing  thereof  to  f ale. 
9  An.  c.  25.  f.  2.     28  G.  2.  c.  12. 

Found  in  the  fkop'\  This  mufl;  be  underftood  of  proof  that  it  was 
found.     ^  and  George,  6  Mod.  57. 

And  any  jujiice  of  the  peace,  and  lord  luithin  his  manor,  may  take 
aiKiay  any  fuch  hare,  pheafant,  partridge,  moor,  heath-gaTne,  or 
groufe,  or  any  other  game,  from  any  fuch  higler,  chapman,  inn- 
keeper, i-iSiualler,  or  carrier,  or  any  other  perjon  not  qualifed,  ivhich 
Jhall  be  found  in  his  cujlody  or  pojfe£ton.      5  An.  c.  14.   f.  4. 

And  any  perfon  that  Jhall  defray,  fell,  or  buy  any  hare,  pheafant, 
moor,  heuth  game,  or  groufe,  and  Jhall  in  thiee  months  make  difco- 
•very  cf  any  higler,  chapman,  carrier,  innkeeper,  alchoifekeeper,  or 
'viSIualler,  that  hath  bought  or  J'old,  or  offered  to  buy  or  fll,  or  had 
in  their  pojfcjfon  any  hare,  pheafant,  partridge,  moor,  heath-game,^ 
or  grotfc,  Jo  as  any  one  fall  be  convi^ed;  fuch  difo^'erer  Jhall  be 
difcharged  cf  the  p.^ins  and  penalties  hcrchy  enabled  for  killing  or  Jel- 
ling fuch  game,  and  J}: all  recei-ve  the  fame  henrft  as  any  other  in- 
former.     5  An.  c.  14.  f  3. 
Inferior  tradef-        1 1  •  And  whereas  great  mifchiefs  do  enfue  by  iaferior  tradefmen* 
rnen  killing         apprentices  and  other  difTolute  perfon?,  neglecting  their  trades  and 
8<*nif«  employments,   who  follow  hunting,  fifhing,  and  other  game,  to 

the  ruin  of  themfelves,  and  damage  of  their  neighbours,  therefore 
if  any  fuch  perfon  (hall  prefume  to  hunt,  hawk,  fifh,  or  fowl 
(unlefs  in  company  with  the  roafter  of  fuch  apprentice  duly  quali- 
fied) ;  he  fiiall  not  only  be  fubjed  to  the  other  penalties,  but  if  he 
be  profecuted  for  trefpafs,  in  coming  on  any  perfon's  land,  and  be 
found  guilty,  the  plaintiff  fhall  not  only  recover  damages  againft 
him,  bui  full  coits.  4^5  if',  c.  23.  f.  10. 
Soldiers.  ^  2-  ^7  '^^  yearly  mutiny  a£ls,  if  any  officer  or  foldier  fhall» 

without  leave  of  the  lord  of  the  manor  under  his  hand  and  feal» 
deftroy  any  hare,  coney,  pheafant,  partridge,  pigeon,  or  other 
fowl,  poultry,  or  filh,  or  his  majelh''s  game,  and  be  coiividled 
thereof,  on  oath  of  o:ie  witnefs,  before  one  juUice ;  every  officer 
h  offending  fhall  forfeit  5  /.  to  the  poor,  and  the  commanding  of- 
ficer upon  the  place,  for  every  oflence  committed  by  any  foldier 
under  his  ccmniand,  fliall  forfeit  10 s.  in  like  manner.  And  if, 
upon  convi£lion  by  the  juftices,  and  demand  thereof  made  by  the 
conllable  or  overfeers  of  the  poor,  he  fhall  not  in  two  days  pay  the 
{aid  pen.ilties,  he  {hall  forfeit  his  commifTion. 
Thsftatuteof  13-   Here  next  followeth  the  rtatute  of  the  33 //.  8.  c.  6.  con- 

33  H.  8.  con-     cerning  guns :  by  which  it  is  eiiadted  as  follows; 
cerni.ng guns.  ^jj  No  perfon,  except  he  in  his  own  right,  or  in  the  right  of 

his  wife,  or  fome  other   to  his  ufe.  have  lands,  tenements,  fees^ 
»<[muities,  or  ofhcci,  co  the  yearly  value  of  100/.  fhall  fhoot  in 
^     ,  ..     .  ,  '  any 


dSame*  47s 


any  crofs  bow,  hand  gun,  hagbut,  or  demihake,  otherwife  than 
as  hereafter  is  exprefied;  on  pain  of  lo/.  to  be  levied  and  dif- 
pofed  of  in  any  of  the  three  ways  hereafter  mentioned. 

(2)  And  no  perfon,  of  what  eftate  or  degree  foever,  (hall  fhoot 
in,  carry,  keep,  ufe,  or  have  in  his  houfe  or  elfewhere,  any 
hand-gun,  not  being  in  the  flock  and  gun  of  the  length  of  one 
yard  ;  or  any  hagbut  or  demihake,  not  being  in  the  ftock  and 
gun  of  the  lengtii  of  three  quarters  of  a  yardj  on  the  like  pain 
of  10/. 

And  every  perfon  having  looJ.  a  year  as  above,  may  feize 
everyHuch  ciofs  boA';  and  every  fuch  hand  gun,  hagbut,  and  de- 
mihake being  fo  deficient  in  length;  and  he  may  keep  the  crofs 
bow  to  his  own  ufe ;  but  he  {hall  in  20  days  after  feizure  break 
and  deftroy  the  hand-guns,  hagbuts,  and  demihakes,  on  pain  of 
40  i.  in  like  manner,  for  every  gun  fo  feized,  and  not  broken  and 
dertroyed ;  and  the  fame  fo  broken  and  deftroyed  he  may  keep  to 
his  own  ufe. 

(4)  And  no  perfon,  not  being  qualified  as  above,  fliall  carry  or 
have  in  his  journey,  going  or  riding  in  the  king's  highways  or 
elfewhere,  any  ciols  bow  bent,  or  gun  charged  or  furniflied  with 
powder,  fire,  01  :oucn  for  the  lame,  except  in  time  and  fcrvice  of 
war;  on  pain  of  10/.  in  like  manner. 

(5)  And  no  perfon  (hall  (hoot  with  any  hand-gun,  demihake, 
or  hagbur,  at  any  thing  at  large,  within  any  city,  borough,  or 
market  town,  nor  within  a  quarter  of  a  mile  of  the  fame,  except 
it  be  at  a  butt  or  bank  of  earth  in  place  convenient,  or  for  de- 
fence of  his  perfon  or  houfe ;  on  pain  of  10/.  in  like  manner. 

(6)  And  no  perfon  fhall  command  his  fervant  to  fhoot  in  any 
crofs  bow,  hand- gun,  hagbut,  or  demihake,  at  any  deer,  fowl, 
or  other  thing,  except  only  at  a  butt  or  bank  of  earth,  or  in  time 
of  war;  on  pain  of  ic/.  in  like  manner. 

(7)  But  all  gentlemen,  yeomen,  and  fervingmen  of  lords, 
knights,  efquires,  and  gentlemen;  and  all  inhabitants  of  cities, 
boroughs,  and  market  towns,  may  fhoot  with  any  hand  gun,  de- 
mihake, or  hagbnt,  of  the  length  as  above,  but  not  under,  at  ar,y 
butt  or  bank  of  earth,  in  place  convenient. 

And  every  fuch  lord,  knight,  efquire,  gentleman,  and  inhabi- 
tant of  cities,  boroughs,  and  market  towns,  may  have  and  keep 
in  their  houfes  any  fuch  hand-gun,  hagbut,  or  demihake,  of  the 
length  aforeiaid,  to  the  intent  only  to  ufe  or  fhoot  in  the  fame  at 
a  butt  or  bank  of  earth. 

And  eveiy  perfon  inhabiting  in  a  houfe  two  furlongs  from  any 
city,  borougii,  or  town,  may  keep  and  have  in  his  houfe,  for  the 
only  defence  of  the  fame,  hand-guns,  hagbuts,  and  demihakes, 
of  the  length  aboveraeniioned ;  and  to  ufe  and  exercife  to  fhoot 
in  the  fame  at  any  butt  or  bank  of  earth  near  to  his  houfe,  and 
not  otherwife. 

And  except  makers  and  fellers  of  the  fame,  having  them  for  that 
purpofe  o.nly,  and  being  of  the  length  above. 

Alfo  this  ad  ihal!  not  extend  to  perfons  inhabiting  within  five 
miles  of  the  fea ;  fo  that  they  fhoot  not  at  any  deer,  heron,  fliove- 
krd,  phcafant,  partridge,  wild  fwine,  or  wild  elk. 

Alfo 


474  (Same* 

Alfo  this  a£l  fliall  not  extend  to  fervants  carrying  the  fame  by 
their  mafttrs  command,  (o  that  they  flioot  not  at  any  game. 

Nor  to  any  owner  of  a  fhip  for  having  or  keeping  them,  of 
what  length  foever,  to  be  ufed  in  the  fhip  only, 

(Nor  to  perfons  licenfed  by  the  fcflions  to  Hioot  hawks  meat,  fo 
as  they  fhoot  no  game,  and  fo  that  they  (hoot  not  within  6oc  paces 
of  a  hernery,  nor  withi;i  i  oo  paces  of  a  pigeon  houfe,  nor  in  an2 
other  man's  park,  foreft,  or  chafe,      i  '/.  c.zy./.j. 

Aud  except  the  flieriff,  who  may  carry  a  gun  in  the  execution  of 
his  office.     5  Co,  72.) 

(8)  And  if  any  perfon  fee  or  find  any  one  offending  or  doing 
contrary  to  this  adl,  he  may  arreft,  ana  bring  or  convey  him  to 
the  next  juftice  of  the  county  where  he  is  found  offerding  ;  who 
fhail  upon  (/ue  examination  and  proof  thereof  made  before  him,  by 
his  difcretion  have  full  power  to  commit  (  L  )  the  offender  to  the 
next  gaol,  there  to  remain  till  fuch  time  as  the  faid  penalty  or  for- 
feiture (hall  be  truly  contented  and  paid  by  the  faid  offender ;  half 
to  the  king,  and  half  to  the  firff  bringer  or  conveyer  of  the  faid 
offender  to  the  juftice. 

Which  ifue  exatnination  ami  proof  aforefaid,  is  intended  not  to  be 
by  a  jury,  but  by  witneffes.      i  Ventr.  33. 

Mr.  Dalton  fays,  forafmuch  as  in  this  cafe  the  jultice  hath  the 
whole  matter  committed  to  himfelf,  and  the  offenders  remain  con- 
vict upon  his  examination  and  pioof  of  witnefs  made  before  him ; 
therefore  he  ought  to  be  circumfpeft  in  his  examination,  as  alfo  in 
his  mittimus  ;  and  farther  to  make  a  record  (  M  )  of  tiie  matter, 
in  writing  under  his  hand,  and  alfo  to  fend  the  eftreat  of  it  into 
the  exchequer,  whereby  the  king's  duty  may  be  levied.  Dalt. 
c.  47. 

In  the  convlflion,  it  is  not  fufHcIent  to  fay  generally  that  he  had 
not  1 00  A  a  year,  but  the  time  mult  be  certainly  alledged,  namely, 
that  the  defendant  on  the  day  and  year  aforefaid  (when  the  offence 
was  committed)  had  not  100/.  a  year.     3  Mod.  280. 

And  upon  fuch  conviftion,  it  hath  been  adjudged,  that  a  writ 
of  error  doth  not  lie.      i  Ven.  33. 

(9)  Alfo  the  juffices  in  feffions  may  inquire  of,  hear  and  deter- 
mine the  faid  offences,  fo  that  no  lefs  fine  than  10/.  be  aflefled 
upon  prcfenttnent  and  convifljon,  to  be  levied  in  fuch  cafe  to  the 
king's  ufe  only. 

And  this  may  alfo  be  upon  indiciment.     Dalt.  c.  47. 

And  if  the  jury  (hall  wilfully  conceal  any  the  faid  offences,  the 
court  may  charge  another  jury  to  enquire  of  fuch  concealment; 
and  if  it  be  fo  found,  the  firil  jury  fhall  forfeit  to  the  king  every 
one  20  s. 

(10)  Alfo  the  leet  may  inquire  of,  hear  and  determine  the 
fame;  in  which  cafe,  half  the  forfeiture  (hall  upon  prefentment 
and  convidlion  be  levied  to  the  king's  ufe  ;  and  one  moiety  of  the 
other  half  to  the  owner  of  the  leer,  by  diflrefs  or  aftion  of  debt ; 
and  the  other  moiety  to  him  that  will  fue  in  any  of  the  king's 
courts. 

And  if  the  jury  fhall  wilfully  conceal  an  offence,  the  fteward 
may  charge  another  jury  to  enquire  of  the  concealment;  and  if  it 

be 


dSame.  475 


be  found,  the  firft  jury  fhall  forfeit  20  s.  each  ;  half  to  the  owner 
of  the  leet,  by  diilrefs  or  action  of  debt ;  and  half  to  him  that 
Ihall  fue  in  any  of  the  king's  courts. 

(11)  But  no  perfon  (hall  be  profecuted  but  within  a  year,  if  it 
is  by  the  king ;  and  within  half  a  year,  if  by  any  other  perfon. 

IV.  Laws  for  preferving  the  four  footed  game 
in  particular. 

Which  faid  laws,  as  hath  been  faid,  do  feem  to  concern  all  per- 
fons  whatfoever,  whether  qualified  or  not. 

Now  the  four  footed  game,  or  the  ^ame  of  beafts,  are  of  three 
kinds,  ruiz. 

I  Deer. 

II.  Hares. 

III.  Conies. 

I  Of  deer. 

There  have  been  many  laws  from  time  to  time  enabled  againft 
deer  ftealers ;  which  being  not  fo  much  altered,  as  inforced  by  the 
fubfequent  liatates,  except  onlv  in  increafing  the  penalties,  it  may 
be  proper  to  infert  tiiem  all  in  their  order ;  and  the  rather,  becaufe 
an  ofFender,  as  it  feemeth,  may  Hill  be  convitled  upon  any  one  of 
them  J  and  it  is  generally  provided,  that  fuch  conviction  upon  one 
ftatute,  fhall  be  as  a  bar  to  all  the  reft. 

I.   The  tirft  ftatute  is  in  the  :^  Ed.  \.   c.  20.  which  enads,  that  Three  .years  im- 
if  trefpnjj'rs  ifi  farks  be  thereof  attainted  at  the  fuit  of  the  party,  pn^onment  aai 
great  and  large  amends  fhall  be  awarded  according  to  the  trefpafs,  °"S» 
and  they  flidU  have  three  years  impriionment,  and  after  fliall  make 
fine  at  the  king's  plcaftire  (if  they  have  whereof,)  and  then  fhall 
find  good  f'urety  that  after  they  fliall  not  commit  the  like  trefpafs: 
and  if  they  have  not  whereof  to  make  fine,  after  three  years  im- 
prifonment,  they  fhall  find  like  furety  ;    and  if  they  cannot  find 
like  furety,  they  fhall  abjure  the  realm.     And  if  none  fue  within 
the  year  and  day,  the  king  fhall  have  the  fuit. 

Trifpn[':n'\  This  is,  when  a  man  either  chafeth  in  a  park,  or 
endeavours  to  kill  fome  of  the  game  thereof.     2  Inji.  199. 

In  parks]  This  aft,  becaufe  it  is  very  penal,  is  to  be  underftood, 
not  of  a  nominal  park  eredled  without  warrant,  but  of  a  lawful 
park  only,  whereunto  three  things  are  required,  i.  A  liberty, 
either  by  grant  or  prefcription.  2.  Inclofure,  by  pale,  wall  or 
hedge.      And  3.   Beafts  favages  of  the  park.      2  Infi.  199. 

2  The  next  ftatute  is  that  intitled  Dc  malefaBoribus  in  pnrcis,  'r^ey  may  he 
21  Ed.  I.  ft.  2.  which  enacts,  that  if  any  forefter,  or  parker,  lawtulJy  lefulsd, 
fhall  find  any  trefpafTers  wandring  within  his  liberty,  intending  to 
do  damage  therein,  and  that  will  not  yield  themfelves  after  hue 
and  cry  made  to  ftand  unto  the  peace,  but  do  continue  their  ma- 
lice, and  diiobeying  the  king's  peace  do  flee,  or  defend  themfelves 
with  force  and  arms ;   altho'  Inch  forefter,  paiker,  or  their  af- 

fiftants. 


47^  (Eiame. 


fiflants,  do  kill  fuch  offenders,  they  Ihall  not  be  troubled  upon  the 
fame. 
Sv  night,  or  dif-      3 .  The  next  flatute  raakes  hunting  by  night,  or  in  difguife, 
gmfed,  and  coii^  2j,d  concealing  the  fame,  felony  ;  but  within  the  benefit  of  clergy; 
2;!;':'^'''"''' as  Mows; 

When  information  ihall  be  made,  of  any  unlawful  hunting,  in 
zny  for ejl  or  parky  by  night,  or  with  painted  faces,  to  any  of  the 
king's  counfel,  or  to  a  jiiaicc  of  the  peace,  of  any  perfon  to  be 
fufpefted  thereof,  he  may  make  a  warrant  to  take  and  arreft  the 
perfon,  and  to  have  him  before  the  maker  of  the  warrant,  or  any 
other  of  the  faid  counfel,  or  juftices  of  the  peace  :  who  may  by 
their  difcretion  examine  hivn  of  the  faid  hunting,  and  of  the  faid 
doers  in  that  behalf :  And  if  the  fame  perfon  luilfuUy  conceal  the 
faid  huntings,  or  any  perfon  with  him  defective  therein,  that  then 
the  fame  concealment  be,  againd  tvtry  fuch  perfon  fo  concealing, 
felony.  But  if  he  then  confefs  the  truth,  and  all  that  he  fhall  be 
examined  of,  and  knoweth  in  that  behalf,  then  the  faid  offences 
of  hunting  by  him  done,  fhall  be  but  trefpafs  finable  at  the  next 
general  ieffions.  And  if  any  refcous  or  difobeyfance  be  made  to 
any  perfon  having  authority  to  execute  the  warrant,  by  any  perfon 
the  which  fo  fhould  be  arrefted,  fo  that  the  execution  of  the  war- 
rant thereby  be  not  had,  then  the  faid  refcous  and  difobeyfance 
fhall  be  felony.  And  if  any  perfon  fhall  be  convift  of  any  fuch 
huntings,  with  painted  faces,  vizors,  or  otherwife  difguifed,  to 
the  intent  they  fhould  not  be  known,  or  of  unlawful  hunting  in 
time  of  night,  then  the  fame  perfon  fo  convift,  to  have  like  pu- 
iiition  as  he  fhould  have  if  he  were  convidt  of  felony.  1  H.  7, 
C.7. 

When  information  Jhall  be  madc\  This  information  muft  Ihew  at 
lead  juft  caufe  of  fufpicion ;  and  it  muft  be  taken  in  writing,  be- 
caufe  It  is  the  ground  of  the  warrant.     3  hft.  c.  21. 

In  any  forejl  or  fark]  This  doth  not  extend  to  a  chafe,  nor 
to  any  foreft  or  park  in  ufe  or  reputation,  which  are  not  fo  in  law. 
3  Inf.   f.  21. 

Wilfully  conceal]  Lord  Coke,  who  is  a  lover  of  the  common  la\v, 
and  is  jealous  of  every  violation  of  it,  fcemeth  to  be  out  of  hu- 
mour with  this  aft,  and  calls  ic  an  ill  penned  law.  He  obferves 
it  is  the  firll  that  was  made  for  the  making  of  any  hunting  felony, 
againll  that  excellent  and  equal  branch  of  charta  de  fonfa,  nullus 
de  ccetero  i)itam  'vel  memhru  amittat  pro  'venaiione  nofra  ;  and  that 
this,  and  other  old  ftatutes  concerning  the  foreft,  are  called  the 
good  old  laws  and  cuftoms,  and  commanded  to  be  obferved  ;  and 
therefore  this  new  aft  is  too  fevere  for  wild  beafts,  whereof  there 
can  be  no  felony  at  the  common  law.  And  therefore  the  judges 
(he  fays)  have  made  a  favourable  conftruftion  of  it,  as  is  fet  forth 
in  the  following  notable  report : 

'/.  19  tif  20  El.  In  the  king's  bench,  Gerrard the  queens  at- 
torney general  (who  was  a  grave  and  reverend  man)  faid  cpen]y„ 
that  it  had  been  refolved  by  the  judges  upon  this  ftatute,  that  if  a 
nun  in  the  nirht,  or  by  day  with  painted  face,  do  hunt  as  above, 
and  being  examined  according  to  the  aft  dock  conceal  it,  yet  this  is 

upoa 


(Same.  477 


upon  the  conftrnftion  of  the  whole  aft  no  felony.  For  the  firft 
claufe  concerning  the  concealment,  and  the  laft  claufe  concerning 
the  faft  it  felf,  muft  be  coupled  or  joined  by  conftrudion  together; 
that  is  to  fay,  If  any  perfon  be  convift  of  fuch  hunting  with 
painted  face,  or  of  unlawful  hunting  in  the  night,  this  convidion 
muft  be  upon  not  guilty  pleaded ;  which  the  judges  expounded  to 
be  the  concealment  intended  in  the  firlt  branch ;  for  they  held 
that  it  ought  to  be  a  judicial  concealment,  and  not  an  extrajadicial 
concealment  before  one  of  the  counfel  or  a  juftice  of  the  peace, 
which  may  lie  in  averment,  fo  as  before  it  be  felony  he  muft  be 
convifted  of  fuch  hunting  upon  not  gniky  pleaded  firft,  and  after 
fuch  convidion,  then  he  muft  be  indicled  again  upon  the  whole 
matter,  that  he  felonioufly  did  conceal  it,  againft  the  form  of  the 
ftatute :  And  if  the  offender  upon  the  firft  indictment  confefleth 
the  indictment,  then  it  is  fuch  a  judicial  confeffion  as  this  a6l  in- 
tendeth,  and  no  felony  within  this  ftatute. 

This  he  fiys,  he  heard  the  attorney  report,  and  did  then  ob- 
ferve  it;  which  concurring  with  his  own  opinion,  he  thought  good 
to  publifh,  and  the  rather  becaufe  in  Lambard's  juftice,  amongft 
his  precedents  of  indictments,  there  is  an  erroneous  precedent  (he 
fays)  of  an  indidment  of  felony  for  the  concealment  upon  the  ex- 
amination before  a  juftice  of  the  peace.  And  upon  the  whole  he 
thinks  it  the  cleareft  way  to  make  it  trefpafs,  and  not  felony  ; 
which  the  party  may  do  at  his  pleafure.     3  hjl.  c.  21. 

But  Lord  Ha/e  fays,  that  this  ieems  a  difficult  expofition ;  for 
upon  his  arraignment  for  the  hunting,  he  only  anfwers  to  that 
indictment,  and  is  not  examined  touching  others ;  and  befides,  if 
he  be  indided  for  the  hunting,  if  there  be  evidence  to  convifl 
him  of  the  fuel,  he  is  convict  of  felony  before  the  indidment  for 
concealment  come ;  and  if  there  be  not  evidence  to  convid  him 
of  the  principal,  how  fhall  there  be  evidence  to  convid  him  of 
the  concealment  ?      i  H.  H.  6^9. 

But  the  ftatute  of  9  G.  c.  22.  hereafter  following,  commonly 
called   the  Black  ad,  puts   this  matter  out  of  queftion,  whilft  it  * 

continues  in  force,  and  .  enders  this  flatute  of  little  ufe  :  but  never- 
thelefs  it  was  proper  to  infert  it  here,  becaufe  if  that  ftatute  fhall 
be  fufFered  to  expire,  the  offence  will  fall  back  again  upon  this 
ftatute. 

4.  The  next  ftstute  is  in  the  rqthyearof  the  fame  king,  by  Penalty  of  k«"»- 
which  it  is  enadcd,  Thst  no  perfon,  not  having  any  park,  chafe  ""'Sriets  far  ass:. 
or  foreft  of  his  ov.n,    fFiall  keep  or  caufe  to  be  kept  any  net, 

called  deer-hays  or  buck  ftalls,  on  pain  of  10/.  a  month  ;  to  him 
who  fhall  fue  by  adion  of  debt :  Or,  the  juftices  in  felTions  may 
call  before  them  any  perfons  fufpeded,  and  examine  them  ;  and 
if  they  be  found  in  default,  may  commit  them  till  they  have 
found  furety  for  payment  of  the  forfeiture  to  the  king  ;  and  the 
juftices  fhall  have  tne  tenth  part  of  fuch  forfeiture  for  their  labour. 
19  ii.  7.   r.  I  I. 

5.  And  by  the  fame  ftatute,  no  perfon  fhall  ftalk,  nor  caufe  Penalty  of  rtaik- 
any  other  to   ftaik,  with  any  bfh,  or  bealb,  to  any  deer,  except  ing  to  <icer. 

in  his  own  ground,  chafe,  foreft,  or  park,  without  licence  of  the 
owner,  aiafter,  or  keeper;  on  pam  of  10/.  in  like  manner. 

6.  The 


47S  (Same* 


jol.  or  treble         6.  The  next  aft  is  in  ^  EL  e.zi.  which  is  rc-enafled  with 
damages.  ^^^^  additions  by  the  3  7.  c.  13.  which  is  altered  and  explained 

by  the  7  J.  c.  13.  the  I'ubftance  of  all  which  put  together  is  as 
follows : 

If  any  perfon  (hall  by  night  or  by  day,  wrongfully  or  unlaw- 
fully  break  or  enter  into  any  park  impaled,  or  any  other  feveral 
grounds  indofed  with  wall,  pale,  or  hedge,  and  ufed  and  kept  for 
the  keeping,  breeding,  and  cherifhing  of  deer,  and  wrongfully  or 
unlawfully  flull  hunt,  drive,  or  chafe  out,  or  take,  kill,  or  fiay 
any  deer  therein ;  and  be  thereof  convicted  at  the  aflizes  or  fef- 
fions,  upon  indidment,  bill  of  complaint,  information,  or  other- 
wife,  at  the  fuit  of  the  king  or  of  the  party,  he  (hall  for  every 
offence  pay  10/.  to  the  party  grieved,  or  treble  damages  and  cofts 
at  the  eledion  of  the  party,  to  be  affeffed  by  the  court ;  and  fhall 
find  fufficient  fureties  for  his  good  abearing  for  feven  years,  or  con- 
tinue in  prifon  till  he  finds  fuch  fureties. 

Bat  on  fatisfadion  of  treble  damages,  the  party  may  releafe  the 
fureties  within  the  feven  years.  Or  if  the  perfon  Ihall  acknowledge 
his  offence  in  open  feffions,  and  that  he  is  forry  therefore,  and 
iatisfy  the  party  grieved,  the  court  may  difcharge  the  recog- 
nizance. 

But  this  {hall  not  extend  to  any  park  or  inclofed  ground,  here- 
af:er  to  be  made  and  ufed  for  deer,  without  the  king's  licence. 
Cans, bows,  and      7.   And  by  the  faid  ftatute  of  the  3  J.  c.  13.  it  is  alfo  enabled. 
Bets  to  kill  deer,  jjjat  if  any  perfon  not  having  lands  or  hereditaments  of  40  /.  a 
ma;  be  lazed,     y^^j^  or  not  worth  in  goods  200  /.  fhall  ufe  any  gun  or  bow  to 
kill  deer ;  or  ftiall  keep  any  buckftall  or  engine,  unlefs  he  have 
grounds  indofed  for  keeping  of  deer;  any  perfon  having  100/. 
a  year  may  feize  the  fame  to  his  own  ufe. 
Sellingdeer.  8.  Another  ftatute  is  i  J.  c.  27.  which  ena£ls,  that  every  per- 

fon who  fhall  fell,  or  buy  to  fell  again,  any  deer,  fhall,  on  convic- 
tion at  the  affixes,  or  feilions,  or  before  two  juftices  out  of  feffion?, 
forfeit  for  every  deer  40  j.  half  to  him  that  will  fue,  and  half  to 
the  poor. 
*•!.  g.  The  next  aft  is  in  13  C.  2.  r.  10.  -by  which  it  is  enafted, 

that  if  any  perfon  fliall  unlawfully  courfe,  kill,  hurt,  or  take 
away  any  red  or  fallow  deer,  in  any  foreft,  chafe,  purlieu,  pad- 
dock, wood,  park,  or  other  ground  where  deer  are  or  have  bceQ 
ufually  kept,  without  confent  of  the  owner,  or  perfon  chiefly  in- 
trafted  with  the  cuftody  thereof;  or  Ihall  be  aiding  or  affifting 
therein ;  and  fhall  be  convicted  thereof  by  confeffion,  or  oath  of 
one  witnefs,  before  one  juftice,  in  fix  months  after  the  offence  com- 
mitted; he  fhall  forfeit  for  every  offence  20/.  half  to  the  in- 
former, and  half  to  the  owner  of  the  deer,  by  diftrels;  for  want 
of  fuSident  diflrefs,  to  be  committed  to  the  houfe  of  correftioa 
for  fix  months  to  hsrd  labour,  or  to  the  common  gaol  for  one 
year ;  and  net  to  be  difcharged  thence,  till  he  hath  given  fureties 
for  his  good  behaviour  for  a  year  next  after  his  enlargement. 

Note  J  This  aft  doth  rict  appear  co  be  limited  to  grounds  in- 
dofed only;  allho'  the  flatute  of  the  10  G.  2.  <-.  32.  hereafter 
faSiow'iog  {essas  to  fuppofs  it  Co. 

10.  The 


I 


(B&nit.  479 

TO.  The  next  zQ.  is  the  3  l'\  c.  10.   on  which  moft  of  the  S^l* 
conviilions  have  been  fince  that  time;  which  (together  with  the 
alterations  and  additions  made  in  and  to  the  fame  by  the  5  G.  c.  15. 
qG.  c.  2Z.  and  10  G.  2.  c.  32.)  is.as  followeth  : 

If  any  per/on  pall  unlaixfully  coitrfc,  hunt,  take  in  toyh,  kill, 
nvound,  or  take  aixioy,  any  red  orfaihiv  deer,  in  any  forefi,  chafe, 
purlieu,  paddock,  ivood,  park,  or  other  ground  inclofcd,  avhere  deer 
are,  ha-uc,  or  Jhall  be  ufually  kept,  n.vithcut  the  cotfent  of  the  onx:ntr 
or  perfon  chiefly  intrufled  ivith  the  cuflody  thereof;  or  fhall  be  aidiiig 
or  off  fling  therein;  and  pall  be  conzricfed  [N)  thereof,  in  12  months 
after  the  offence,  by  confffon,  or  onih  of  one  ivitnefs,  before  one  ju- 
ftice  'u.'here  the  offence  Jtall  be  cotnmitted,  or  the  party  apprehended : 
e^i;er\'  fuch  perfon  fo  offending  by  uilanuftl  courfing  or  hunting  only, 
nx^hen  no  deer  is  taken,  nvoundsd,  or  killed,  pall  forfeit  for  e'very 
fuch  offence  20  1.  and  in  cafe  any  deer  fjall  by  fuch  perfon  be 
nuoHttded,  taken  in  toyh,  or  killed,  he  pall  forfeit  for  eiery  fuch 
deer  30 1.  to  be  levied  by  diftrefs.  (O)  upon  the  goods  and  chattels 
of  the  offender  by  v^nrrant  of  fuch  jufice  ;  one  third  to  the  in- 
former,  one  third  to  the  poor,  and  one  third  to  the  oivner  of  the 
deer:  for  ivant  of  fuffcient  diflrefs,  fuch  perfon  pall  be  imprifoned 
(  P  )  for  a  year,  and  fet  in  the  pillory  an  hour  on  foine  market 
day  in  the  next-  adjoining  toivn  to  the  place  nvhere  the  offence 
nvas  committed,  by  the  chief  offctr  of  fuch  market  tonun,  or  his 
under  officer,     f.  2. 

Utilaivfuliy']  Where  a  man  kills  deer  in  purfuance  of  a  fuppofed 
right  which  he  has,  he  is  not  within  the  intent  of  this,  nor  of  the 
other  ads  againll  deer  iteahng.     L.  Raym.  584. 

In  any  forcf,  chafe,  purlieu,  paddock,  nvood,  park  or  other  ground 
inclofed,  ivhire  deer  are,  ha--ve,  or  pall  be  ufually  kept"]  M.  1  3  G.  2. 
K.  againft  Calcutt  and  Monk.  There  was  a  convidion  for  deer 
ftealing  in  a  purlieu  of  the  foreft.  Whereunto  exception  was  taken, 
that  it  was  not  averred,  that  deer  avere  ufunlly  kept  in  the  purlieu, 
whereas  by  the  ftatute  that  feems  to  be  required.  To  this  it  was 
anl'wered.  That  fuch  averment  could  not  extend  to  a  purlieu,  for 
a  purlieu  is  a  place  where  by  law  deer  cannot  be  kept,  it  being 
difafforeftcd  as  well  with  regard  to  all  others  as  the  owner  ;  and  the 
oath  of  the  ranger  is,  to  drive  deer  out  of  the  purlieu  into  the 
foreft :  Secondly,  that  the  averment  as  to  forefts,  chafes,  and  pur- 
lieus, is  not  made  neceffary  by  the  aft,  for  the  words  ivhere  deer 
are  ufually  kept  extend  only  to  ground  inclofed  j  elfe  the  words 
cth-r  ground  will  make  it  neceffary  to  aver,  that  the  fored  was  in- 
clofed, which  is  not  the  cafe  in  any  part  of  England.  And  by  the 
court.  The  anfwer  is  right  in  both  refpefts.  Another  objedion 
was,  that  it  did  not  appear,  but  that  the  defendant  was  owner  of 
the  purlieu  ;  in  which  cafe  he  had  a  right  to  chafe  the  deer  oft  his 
ground.  But  by  the  court,  That  would  be  matter  of  defence, 
and  (hould  be  Ihewn  on  his  part,  according  to  the  refolution  (before- 
mentioned)  in  the  cafe  of  K.  and  Bryan.  So  the  convitlions  were 
confirmed,     5/r.  1119. 

Or  other  ground  inclofed,  inhere  deer  are,  hanje,  or  fiall  be  ufually 
iept]  T.   I  An.  ^  and  Moors,     A  conviiition  for  killing  deer  was 

Qualhed, 


48o  (5mu. 


qualTied,  becaiife  it  fald  only  that  he  killed  deer  in  a  c(rtain  place 
rwhere  deer  had  been  ufually  keft^  and  did  not  fay  itulofed.  L.  Ruym, 
791. 

Aiding  or  ajjijiing  thereiti]  On  a  convidion,  the  queflion  was, 
whether  he  who  lent  dogs  to  another  to  hunt,  was  aiding  and  af- 
fiftmg  therein,  to  wit,  in  the  hunting :  And  by  the  opinion  of 
three  judges  he  was ;  but  Holt  Ch.  J.  was  of  a  contrary  opinion, 
for  this  being  a  penal  law,  fhall  be  conftrued  ftriftly ;  and  if  fo, 
then  he  who  lent  the  dogs  could  not  be  aflifting  in  the  aft  of 
hunting,  and  fo  not  within  the  words  of  the  ftatute,  aiding  and 
ejftfiing  therein,  tho'  he  might  be  ailUb'ng  thereunto,  z  Salk, 
542,  543- 

Andjhallhe  consisted  thereof]  There  onght  to  be  a  fummons  in 
this,  and  in  all  other  like  cafes,  to  warrant  a  conviftion  ;  and 
that  ought  to  give  a  reafonable  time  to  appear  in  :  but  if  the  de- 
fendant hath  aopeared,  it  cures  the  want  of  a  fummons.  i  Salk. 
181,383. 

H.  3  G.  K.  and  Simp/on.  The  defendant  was  convifted  for 
deer  ftealing ;  and  the  conviction  fet  forth,  that  he  had  been  fum- 
moned  to  appear  before  the  jaftices;  but  it  did  not  appear  he  ever 
was  before  them.  Exception  was  taken  to  this,  that  as  no  appeal 
lies  in  this  cafe,  the  juftices  Ihould  not  have  proceeded  in  the  ab- 
fence  of  the  party,  efpecially  where  it  may  end  in  a  corporal  pu- 
nilhment,  as  it  may  do  here,  for  want  of  a  diftrefs.  And  at  an- 
other  day,  on  confideration,  Parker  Ch.  J.  delivered  the  refolution 
of  the  court :  We  are  all  of  opinion,  the  offender  may  be  con- 
vidled,  without  appearing.  The  ftatute  is  filent  as  to  the  method 
of  proceeding,  and  the  law  of  England,  it  is  true,  in  point  of  na- 
tural juftice,  always  requires  the  party  charged  with  any  offence 
to  be  heard  before  he  be  condemned  in  judgment;  but  that  rule 
muft  have  this  exception,  unlefs  it  is  through  his  own  default : 
were  it  otherwife,  every  criminal  might  avoid  conviftion.  The 
law  being  fo,  the  magiftrate  is  bound  to  give  fome  opportunity  to 
the  party  to  appear;  and  if  upon  fuch  notice,  he  neither  conies, 
nor  lends  a  fufficient  excufe,  the  magiftrate  may  proceed  to  judg- 
ment. If  this  was  not  to  be  allowed,  the  confequence  would  be, 
that  the  offender  would  efcape  unpunifhed,  becaufe  he  would  never 
appear  purpofely  to  be  convicted  ;  and  that  would  be  to  make  the 
execution  of  the  law  depend  on  the  will  of  the  offender. 

There  was  another  order  of  conviction,  whereby  it  appeared, 
that  the  defendant  made  an  attorney  to  defend  for  him  :  And  by 
the  court ;  We  think  that  is  certainly  good  ;  for  the  offender  may 
intrufl:  his  defence  with  another,  and  the  juftices  cannot  enforce 
him  to  appear  in  perfon.  And  the  orders  were  confirmed. 
Str.  44. 

In  1 2  months  after  the  ojfincf]  A  conviftion  being  returned  on  a 
certiorari,  the  objedlion  wa?,  that  the  convidlion  appeared  to  be 
a  year  after  the  day  of  the  information ;  but  it  was  held  lufticient 
that  the  information  be  profecuted  within  a  year  afctr  the  fatft ; 
for  that  is  a  good  commepcenienc  of  the  fuit,  and  it  is  from  that 
the  computation  is  made  in  all  fuch  cafes,     i  Saii    :  2^3. 

Ea: 


But  by  the  black  aft  hereafter  mentioned,  and  during  the  con- 
tinuance thereof,  this  profecution  may  be  commenced  at  any  time 
within  three  years  after  the  offence.     9  G.  c.  22.  /.  13. 

Oati  of  one  ivitncfs']  This  muft  not  be  upon  the  fingle  oath  of 
the  informer  ;  and  a  conviftion  was  quafhed  for  that  reafon ;  di- 
vers convidions,  as  it  is  faid,  having  been  qualhed  for  the  fame 
reafon  before.     L. /?«>7«.  1545.     i/r.  316. 

E'vcry  fuch  perfon  fo  offerJiiig]  Where  feveral  perfons  are  con- 
vifled,  they  fhall  forfeit  each  30  /.  and  not  one  fum  of  30  /.  for 
all.     I  Saik.  182. 

To  be  k'vied  by  aijirefs]  Sale  of  the  goods  is  not  mentioned  here 
in  the  ftatute  ;  yec  neverthelefs  where  che  law  gives  a  diftrefs  for  a 
publick  benefit,  the  officer  may  fell,      i  Salk.  379. 

By  ivarrant  of  fuch  juflicc\  Altho*  the  conflable  is  not  appointed 
to  execute  this  warrant,  nor  is  fo  much  as  named  in  the  claufe  j 
yet  he  is  bound  to  obey  the  warrant,  and  is  indidable  if  he  does 
not :  Cut  he  need  not  return  the  warrant  it  felf,  for  that  is  not 
required,  and  it  may  be  neceflary  to  keep  it  for  his  own  juftifica- 
tion  J  but  he  muft  either  return  that,  or  certify  what  he  has  done 
upon  it.      I  Salk.  381. 

One  third  to  the  informer,  &c.]  The  penalty  need  not  be  diftti- 
buted  by  the  conviction  ;  a-va:.  10/.  to  the  informer,  10/.  to  the 
poor,  and  10/.  to  the  party  grieved  ;  for  the  judgment  in  fuch 
cafes  feldom  mentions  a  diltribution  :  it  is  enough  to  fay,  that  he 
is  convided,  and  hath  forfeited  30/.  according  to  the  ftatute. 
I  Salk.  383. 

For  ivant  of  fuffxient  dijlrefs]  If  the  juftice  finds  there  is  nothing 
to  diflrain,  then  he  muft  make  a  record  thereof,  and  make  an  ad- 
judication for  corporal  punifhment;  but  the  offender  is  not  to  pay 
part,  and  fuffer  corporally  for  the  refidue.  L.  Raym.  546, 
1195,6. 

H.  6G.  K.  and  Whithch.  The  defendant  was  committed  for 
want  of  diftrefs  ;  and  the  warrant  fet  forth,  that  it  had  been  cer- 
tified to  the  juftice  by  the  conftable,  that  there  was  not  fufficient 
diftrefs.  It  was  objefled,  that  there  ought  to  have  been  a  warrant 
to  levy,  and  a  return  to  that,  that  there  was  no  diftrefs ;  it  may 
be,  the  conftable  only  told  him  fo.  But  by  the  court.  The  war- 
rant is  well  enough ;  for  the  word  certified  imports  it  to  be  in  a 
legal  manner.     Str.  263. 

And  then  the  aft  goes  on  thus : 

Any  owner  of  deer  in  any  inclofed  ground,  or  any  perfon  aft- 
ing  under  him,  may  refift  fuch  offenders  in  the  fama  manner  as  if 
the  faft  had  been  committed  in  an  ancient  chafe  or  park.  3  //'. 
f.  10./5. 

And  as  to  the  cafe  of  venifon  being  found  in  a  man's  pofTefTion, 
it  is  further  enafted,  that  the  conftable,  by  a  juftice's  warrant, 
fhall  enter  into  and  fearch  ( Q^)  in  fuch  manner  and  with  fuch 
power  as  in  cafe  where  goods  are  ftolen  or  fui'pefted  to  be  ftolen, 
the  houfc?,  oathoufes,  or  other  places  belonging  to  fuch  houfes  of 
fafpefted  perfon? ;  and  if  any  venifon  or  ikin  of  any  deer,  or 
V'CL.  I.  'l  i  '-^--x:  ■  IVjl^t 


4^2  <I5ame* 

toyls,  fhall  there  be  found,  he  fhall  apprehend  the  offender,  and 
carry  him  before  a  juftice  ;  and  if  fuch  perfon  do  not  give  a  good* 
account  how  he  came  by  the  fame,  fuch  as  Ihall  fatisfy  the  faid 
juftice,  or  elfe  fhall  not  in  feme  convenient  time  to  be  fet  by  the 
faid  juftice,  produce  the  party  of  whom  he  bought  the  fame,  or 
feme  other  credible  witnefs  to  depofe  upon  oath  fuch  fale  thereof, 
he  (hall  be  convifted  by  the  faid  juftice  of  fuch  offence,  and  there- 
upon ftiall  be  fubjeft  to  the  forfeitures  and  penalties  hereby  inflifted 
for  the  killing  of  one  deer.     t^W.  f.  lo.  /  3. 

And  by  the  9  G.  c.  22.  commonly  called  the  Black  aft,  any 
juftice  may  iffue  his  warrant  for  this  purpofe;  and  if  any  venifon 
or  fkin  of  any  deer,  (hall  be  found  in  the  cuftody  of  any  perfon, 
and  it  fhall  appear  that  fuch  perfon  bought  fuch  venifon  or  fkin  of 
any  one  who  might  be  juftly  fufpefted  to  have  unlawfully  come 
by  the  fame,  and  doth  not  produce  the  party  of  whom  he  bought 
it,  or  prove  upon  oath  the  name  and  place  of  abode  of  fuch 
party,  then  the  perfon  who  bought  the  fame  fhall  be  convifted 
of  fuch  offence  by  any  juftice  of  the  peace,  and  fhall  be  fubjeft 
to  the  penalty  above  iniiidled  for  killing  one  deer.     9  G.  c.  zz. 

f-  ii»  '7-       .    . 

After  conviftion,  the  conftable  or  profecutor  may  detain  in  cu- 
ftody the  offender,  if  he  fhall  not  prefently  pay  the  money  due  on 
conviftion,  during  fuch  reafonable  time  as  a  return  may  be  con- 
veniently made  to  the  warrant  of  diftrefs,  fo  as  fuch  detainer  ex- 
ceed not  two  days.     3  IV.  c.  10.  /.  4. 

And  moreover,  the  perfon  convided,  before  he  fhall  be  dlf- 
cliarged  out  of  cuftody,  fliall  become  bound  to  the  perfon  againfl 
whom  the  offence  fhall  be  committed,  in  50  /.  for  his  future  good 
behaviour,  and  that  he  fhall  not  offend  in  like  manner  ;  and  upon 
refufal  fball  be  committed  to  gaol  until  the  bond  be  given  :  And 
if  he  fhall  be  afterwards  convirted  of  any  offence  in  the  faid  fla- 
tute  of  3  I'F.  c.  10.  the  bond  fhall  be  forfeited,  and  the  penalty 
be  recovered  with  cofts  in  any  court  at  Wcjlminjier,  over  and 
above  the  forfeitures,  and  to  be  diftributed  as  the  forfeitures. 
5  G.  c.  15./ 4. 

All  this  being  done,  the  juftice  fhall  certify  a  true  copy  of  the 
conviftion  under  his  hand  and  feal,  to  the  next  quarter  feffions, 
there  to  be  kept  amongft  the  records.      10  G.  2.  f.  32.  /IS. 

And  no  certiorari  fhall  be  allowed  to  remove  any  conviftion, 
or  other  proceeding  thereupon,  unlefs  the  party,  before  the  allow- 
ance thereof,  be  bound  to  the  profecutor  in  50/.  with  fuch  fure- 
ties  as  the  juftice  fhall  think  fit,  to  pay  in  a  month  after  the  con- 
viftion confirmed,  or  a  procedendo  granted,  full  cofts  and  damages ; 
and  at  the  fame  time  become  alfo  bound  to  the  juftice  with  fuf- 
ficient  fureties,  in  the  penalty  of  60  /.  with  condition  to  profecutc 
the  certiorari  with  effeft,  and  to  pay  to  the  juftice  the  forfeitures 
,^  due  by  the  conviftion,  or  to  render  to  the  juftice  the  perfon  con- 
vifted  within  a  month  after  the  conviftion  fhall  be  confirmed  or 
z.  procedendo  ^ra.nic6. :  and  in  default  thereof,  the  juftice  may  pro- 
ceed to  the  execution,  of  the  conviftion.  3  W.  c.  10.  /  6.  5  G. 
c.  15./  I. 

Or. 


(Same*  483 

Or,  after  delivering  to  the  juftice  the  rule  by  which  the  convic- 
tion ftiall  be  confirmed,  he  may  proceed,  as  if  a  procedendo  had 
been  granted.     5  G.  c.  15.  /  ^. 

H.  6  G.  K.  and  Whitlock.  The  defendant  being  brought  up 
from  Neiugate  by  habeas  corpus,  it  appeared  upon  the  return,  that 
he  was  committed  for  deer  Healing,  as  the  llatiue  of  the  3  W. 
c.  10.  diredleth,  not  having  fufficient  diftrefs;  and  that  thi$  was 
done  by  one  juftice  under  the  flatute  of  the  5  G.  And  exception 
was  taken  to  the  warrant,  that  it  doth  not  appear,  the  coiividlion 
was  ever  confirmed  in  this  court,  or  that  the  rule  for  confirmation 
was  delivered  to  the  juftice,  and  therefore  the  juiHce  could  not 
proceed  to  execution  :  for  the  ftatute  gives  to  the  juftice  a  jurifdic- 
tion  after  confirmation,  which  he  had  not  before ;  and  therefore 
he  ought  to  fhew  every  thing  requifite  to  found  his  jurifdiflion 
upon.  But  by  the  court,  We  take  notice  of  our  ovvn  recordr,  and 
by  them  it  appears  that  the  conviftion  is  confirmed :  and  the  ftatute 
doth  not  give  the  juftice  a  new  jurifdidion,  but  only  revives  his 
old  one,  v/hich  was  fufpended  by  the  certiorari.  And  the  defen- 
dant was  remanded.     Str.  263. 

Moreover,  by  the  faid  aft  of  5  G.  c.  15.  it  is  enafted,  that  if 
any  keeper  or  other  officer  of  any  park,  or  place  where  deer  are 
ufually  kept,  fhall  be  convidled  on  the  faid  ftatute  of  the  3  IV^ 
for  killing  or  taking  away  any  red  or  fallow  deer,  or  being  aiding 
therein,  without  confent  of  the  owner,  or  perfon  chiefly  intrufted 
with  the  cuftody  thereof ;  he  fhall  forfeit  50/.  for  each  deer,  to 
be  diftributed  as  the  other  forfeitures ;  to  be  levied  by  diftrefs:  for 
want  of  diftrefs,  to  be  imptifoned  for  three  years,  and  be  fet  in  the 
pillory  two  hours  on  fome  market  day  in  the  next  town  to  the 
place  where  the  off'ence  was  committed,  by  the  chief  officer  of 
fuch  market  town,  or  his  under  officer,    f.  5. 

And  it  is  further  enaded,  that  if  any  perfon  (hall  at  any  time 
pull  down  or  deftroy,  or  caufe  to  be  pulled  down  or  deftroyed, 
the  pale  or  walls  of  any  park,  foreft,  chafe,  purlieu,  paddock, 
wood,  or  other  ground  inclofed,  where  any  red  or  fallow  deer 
Ihall  be  then  kept,  without  the  confent  of  the  owner,  or  perfon 
chiefly  intrufted  with  the  cuftody  thereof;  and  Ihall  be  convidled 
thereof  before  one  juftice,  by  confeffion,  or  oath  of  one  witnefs, 
he  fliall  fuffer  the  faid  forfeitures  of  the  3  IV.  for  killing  one  deer. 
$G.  c.  15./  6. 

And  any  perfon  fued  for  any  thing  done  either  on  the  3  VF. 
c.  10.  or  on  this  aft,  may  plead  the  general  iflTue  ;  and  if  he  re- 
covers, (hall  have  treble  cofts.     5  G.  r.  i  5.  /  3. 

1 1.  Next  follows  the  ftatute  of  the  ;  G.  c.  28.  by  which  it  is  Tran^poTtatioft 
cnafted,  that  if  any  perfon  ftiall  enter  into  any  park,  paddock,  f""  offences  in 
or  other  inclofed  ground  where  deer  are  ufually  kept,  and  wilfully  P'^"'"  muoJei. 
wound  or  kill  any  red  or  fallow  deer  there,  withodt  confent  of 
the  owner  of  the  ground,  or  of  the  perfon  intrufted  with  the  cu- 
ftody thereof,  or  Ihall  be  aiding  or  affifting  therein ;  and  fhall  be 
convifted  thereof  before  the  judge  of   aflize,    upon  indiftment, 
by  verdift  or  confeffion, — he  ftiall  be  tranfported  for  feven  years : 

But  not  to  be  profecuted  likewife  on  any  of  the  former  ads,  all 
which  nevertlxelcfs  ftiall  be  of  force. 

I  i  2  .12.  Thus 


484 


(i5ame. 


Felony  wfthoirt  12.  Thus  ftood  the  law?,  till  the  great  infolciicie?  of  the 
benefit  of  clergy.  j,fr^ifl-,^„j  Blacks  made  a  further  provifion  neceflary,  by  that  famous 
aft  of  the  9  G.  c.  22.  from  them  ufually  called  the  Elack  aSly 
which  hath  created  more  new  felonies  than  any  other  ftatute  what- 
foever  :  which  faid  aft  being  temporary  only,  hath  been  continued 
from  time  to  time,  and  by  the  laR  continuance  24  G.  2.  c.  57.  is 
to  be  in  force  to  S,p.  1.  17,7,  ijc  which,  with  regard  to  the 
fubjeft  before  us,  doth  enaft  as  follows : 

If  any  perfon  or  perfons,  being  armed  with  fwordf,  f  re  arms, 
or  other  offenfive  weapons,  and  having  his  or  their  faces  blacked, 
or  being  otherwife  difguifcd,  fliall  appear  in  any  foreft,  chafe, 
park,  paddock,  or  grounds  inclofed  with  any  wall,  pale,  or  other 
fence,  wherein  any  deer  have  been  or  fhall  be  ufually  kept,  or 
fhall  unlawfully  and  wilfully  hunt,  wound,  kill,  delboy,  or  Ileal 
any  red  or  fallow  deer;  or  if  any  perfon  or  perfons  (whether 
armed  and  difguifed  or  not)  fliall  unlawfully  and  wilfully  hunt, 
wound,  kill,  deftroy,  or  Ileal  auy  red  or  fallow  deer,  fed  or  kept 
in  any  places  in  any  of  the  king's  forefls  or  chafes,  which  are  or 
fhall  be  inclofed  with  pales,  rails,  or  other  fences ;  or  in  any  park, 
paddock,  or  grounds  inclofed,  where  deer  have  been  or  fliall  be 
ufually  kept;  or  fhall  forcibly  refcue  any  perfon  being  lawfully  in 
cuftody  of  any  officer  or  other  perfon,  for  any  the  faid  offences ; 
or  fhall  by  gift  or  promife  of  money,  or  other  reward,  procure 
any  to  join  him  or  them  in  any  fuch  unlawful  aft  :  every  perfon  fo 
offending,  being  thereof  lawfully  convifted  (in  any  county  in  Eng- 
land) fhall  be  guilty  of  felony  without  benefit  of  clergy  ;  but 
not  to  work  corruption  of  blood,  nor  forfeiture  of  lands  or 
goods. 

Concerning  the  manner  of  bringing  the  offender  to  jufllce,  and 
other  particulars  relating  thereunto,    it   is   proper    to  refer  from 
hence  to  the  title  Black  act ;  where  thefe  offences,  together  with 
the  other  offences  in  the  faid  aft,  are  treated  of  more  at  large. 
Tranfportation           13.    It  is  to  be  obferved,  that  this  aft  of  the  9  G.   c.  22.  ex- 
for  a  fecond  of-  tends  Only  to  killing  and  wounding  deer  in  places  inclofed  (except 
^^"'^^l"f  d^"^     the  offender  be  withal  armed  and  difguifed)  ;  and  therefore  the 
faid  offence  in  places  unlncloftd  remains  as  it  was  before  the  making 
the  faid  aft:  But  by  the  flatute  of  10  G.  2.  f.  32.  a  fecond  of- 
fence againfl  the  former  afts  is  made  tranfportaiion  :  Which,  after 
having  recited,  that  whereas  the  abovefaid  aft  of  the  9  G.  r.  22. 
extends  not  to  hunting  or  taking  deer  in  open  forefts  or  chafes, 
but  only  in  fuch  as  are  inclofed,  and  offences  in  uninclofed  places 
are  only  punifhable  by  the  3  IV.  c.  10.  which  inflifts  only  a  pe- 
cuniary punifhment,  which  is  not  fufficient  to  deter  offenders, ■ 

doth  therefore  enaft,  That  if  any  perfon  who  fhall  be  convifted 
of  unlawfully  courfing,  hunting,  taking  in  toils,  killing,  wound- 
ing, or  taking  any  red  or  fallow  deer,  in  any  open  or  uninclofod 
forert  or  chafe,  where  deer  are  ufually  kept,  fliall  (during  the  con- 
tinuance of  the  faid  aft  of  9  G.)  be  guilty  oi  a  fecond  offence  of 
the  like  nature,  and  fhall  be  thereof  lawfully  convifted  on  indift- 
ment  or  information  ;  he  fhall  be  tranfported  for  fevcn  years ;  and 
if  he  returns  within  the  time,  he  fhall  be  guilty  of  felony  without 
benefit  of  clergy.     And  the  ckrk  of  the  peace  fhall  at  :he  requel> 

of 


4 


(Same*  4^5 

of  the  profecutor,  or  of  any  perfon  on  his  majefty's  behalf,  cer- 
tify to  the  allizes  a  tranfcript  under  his  hand  and  feal,  briefly  and 
in  few  words  containing  the  effeft  and  tenor  of  the  firfl:  convidlion 
(kept  amongd  the  records) ;  which  certificate  fhall  be  fufficient 
proof  of  the  firft  conviftion.      lo  G.  2.  <-.  32,  /  7,  8. 

14.  Moreover,  by  the  faid  a<fl  of  the  10  G.  2.  c.  32.  If  any  Beating  the 
perfon  armed  {hall  (during  the  continuance  of  the  faid  ad  of  9G.)  keeper,  tranfpoi- 
come  into  any  foreil,  chafe,  or  park,  wherein  deer  are  ufually 
kept  (whether  inclofed  or  not)  with  an  intent  to  courfe,  hunt,  take 
in  toyls,  kill,  wound,  or  tade  away  any  red  or  fallow  deer,  and 
fliall  there  unlawfully  beat  or  wound  any  keeper  or  page  of  any 
fuch  foreR,  chafe  or  park,  their  fervants  or  aflift.mts  in  the  execu- 
tion of  their  office,  and  be  thereof  lawfully  convifled ;  he  Ihall 
be  tranfported  for  feven  years.      10  G.  2.  c.  32.  /  g. 

i^.  Wherea?  the  burning  and  deftroying  of  gofs,  furze,  and  Deftroying covert 
fern  in  forefts  and  chafes,  doth  dellroy  the  cover  neceffary  for  the  for  deer, 
prefervation  of  the  deer  and  game  there  ;  therefore  if  any  perfon 
not  having  a  right  or  legal  licence  to  do  the  fame,  fhall  fet  fire  to, 
burn,  or  deftroy  (or  be  aiding  therein)  any  gofs,  furze,  or  fern 
in  any  foreft  or  chafe,  without  confent  of  the  owner  or  perfon 
chiefly  intruiled  with  the  cuftody  of  fuch  forefl  or  chafe,  or  of 
fome  part  thereof,  and  being  brought  before  a  juftice  Oiall  be 
thereof  conviifled  by  confeffion,  or  oath  of  one  witnefs,  or  on 
view  of  the  juftice,  he  fliall  forfeit  not  exceeding  5  /.  nor  lefs 
than  40 J.  half  to  the  informer,  and  half  to  the  poor;  if  not 
forthwith  paid,  to  be  levied  by  diftreis ;  and  if  no  fufHcient  di- 
flrefs  can  be  found,  the  juftice  fliall  commit  him  to  the  common 
gaol,  for  any  time  not  exceeding  three  months,  nor  lefs  than  one 
month.     28  G.  2.  c.  19.  /  3, 

//.  Of  hares. 

It  IS  to  be  remembred,  that  I'have  already,  under  the  third 
part  of  this  title,  treated  of  thofe  particulars,  which  are  common 
to  this  with  other  fpecies  of  the  game,  as  to  deftroying  the  fame 
by  unqualified  perfons ;  I  here  take  notice  of  fuch  things  as  be- 
long to  hares  only,  and  which  for  the  moft  part  feem  generally  to 
concern  all  perfons,  whether  qualified  or  not. 

I.  No  perfon  of  what  eftate,  degree,  or  condition  he  be,  fhali  Tracing  in  the 
trace,  deftroy,  and  kill  any  hare  in  the  fnow,  with  any  dog,  bitch,  fnow. 
bow,  nor  otherwife.  And  the  fefiions  or  leet  may  enquire  hereof; 
and  after  inquifition  found,  they  fhall  for  every  hare  fo  killed,  cefs 
upon  every  offender  bs.  S  d.  to  be  forfeited  to  the  king,  if  in  the 
fefiions ;  and  to  the  lord  of  the  leet,  if  in  the  leet.  14^15//.  8. 
c.  10. 

And  by  the  i  y.  c.  27.  Every  perfon  who  fliall  trace  or  courfe 
any  hares  in  the  fnow;  fliall,  on  conviflion  before  two  juftices, 
by  confefllon,  or  oath  of  two  witnefl"es,  be  committed  to  gaol  for 
three  months,  unlefs  he  pay  to  the  churchwardens  for  the  ufe 
of  the  poor,  20 i.  for  every  hare;  or  after  one  month  after  his 
cemmitment  become  bound  by  recognizance  with  two  furetics  in 

'     I  i  3  2-0/, 


486  (Same. 

20/.  a  piece,  before  two  juflices,  not  to  ofFend  again  in  like  man» 
ner.    /  2. 
Snares  and  2.  And  by  the  faid  lall  mentioned  aft,  every  perfon  who  fhall 

barejipes.  ^j  ^py  ^[g^^  ^^\^^  Qr  dellroy  any  hares,   with  harepipes,  cords,  or 

any  fuch  inllruments  or  o.her  engines ;  fhall  forfeit  for  every  hare 
20/.  in  lii^e  manner       i  J.  c.  27.  /.  2. 

And  by  the  22  isf  23  C.  2.  c.  25.  /  6.  If  any  perfon  fhall  be 
found  or  apprehended  ferting  or  ufmg  any  fnares,  harepipes,  or 
other  like  engines,  and  ihali  be  thereof  conviaed,  by  confcflion, 
or  oath  of  one  witnefs,  before  one  juilice,  in  one  month  after  the 
offence  ;  he  {hall  give  to  the  party  ir.jjrtd  fuch  damages,  and  in 
fuch  ti.iie,  as  the  jul^icc  (hell  appoi  it,  and  fnall  pav  doAn  pre- 
fently  to  the  overfeers  for  the  uTe  of  the  poor,  fucu  fum  not  ex- 
ceeding 10/.  as  the  jvluce  fhall  appoint;  which  if  he  fhall  not 
do,  the  juflice  fhall  coniinit  him  to  the  houl'e  of  corredion  not  ex- 
ceeding one  month. 
K-illing  hares  in  3.  If  any  perfon  whatfoever  fhall  tnke  or  kill  any  h  =  re  in  the 
thenignt.  nighttime;  he  fhall  on  convidion  before  one  jufUce,  on  oath  of 

one  wicnefs,  forfeit  5/.  half  to  the  informer,  and  half  to  the 
poor,  by  diftrefs ;  for  want  of  didrefs,  to  be  fent  to  the  houfe  of 
correction  for  three  months  for  the  firil:  offence,  and  for  every  other 
offence  four  months.  9  An.  c.  25.  /.  3. 
Shooting  hares,  4.  Every  perfon  who  fhall  fhoot  at,  kill,  or  deflroy  any  hare, 
with  any  gun  or  bow,  fhall,  on  convifiion  before  two  juflices,  by 
confeffion,  cr  oath  of  two  witnefl'es,  be  committed  to  gaol  three 
months,  unlefs  he  pay  to  the  churchwardens  for  the  ufe  of  the 
poor  20J.  for  every  hare;  or  after  one  month  after  his  commit- 
ment become  bound  by  recognizance  vvith  two  f^  re  ties  before  two 
juftices,  in  20/.  a  piece,  not  to  oifend  again  in  like  manner. 
The  recognizance  to  be  returned  to  the  next  feffions.      i  jf.  c.  27. 

/2. 

B'jving  and  fel-        5.  Every  perfon,  who  fliall  fell,  or  buy  to  fell  again,  any  hare, 
img  hares.  fhall,  on  convidlion  at  the  afhzes  or  felTions,  or  before  two  juflices 

out  of  feffions,  forfeit  for  every  hare  \os.  half  to  the  poor,  and 
half  to  him  that  will  fue.      i  J.  c  27.  /  4. 
Hunting  in  corn.       6.   If  any  manner  of  perfon  fhall  hunt   with  fpaniels  in  any 
ground  where  corn  or  other  grain  fhall  then  grow  (except  in   his 
own  ground),  at  fuch  time  as  any  eared  corn  or  grain  fhall  be 
growing  thereon,  and  before  it  be  fhocked  or  cocked,  and  be 
thereof  convided  at  the  affizes,  fcflions,  or  leet ;    he  fhall  forfeit 
40  J.  to  the  owner  of  the  corn  ;  and  if  not  paid  in  ten  days,  he 
fliall  be  imprifoned  for  one  month.     And  any  juflice  may  examine 
the  OiFender,  and  bind  him  over  to  appear  at  the  next  feflions,  to 
anfwer  the  offence,  and  to  pay  the  penalty,  or  receive  the  puniih- 
ment.     23  £/.  c.  10.  /  5. 
Tafeing  hares  in       7.  By  the  Black  aft  before  mentioned,  L^  any  perfon,  armed 
v.4rf«Ds,  and  difguifed,  fhall  appear  in  any  warren  or  place  where  hares  are 

uJ'ually  kept ;  or  if  any  perfon  (whether  armed  and  difguifed  or 
not)  fhall  rob  any  fuch  warren,  or  refcue  any  perfon  in  cuftody 
for  either  of  the  faid  offences,  or  procure  any  to  join  with  him  in 
any  fuch  unlawful  aft  \  he  ihaU  be  guilty  of  felony  without  be- 
nefit of  clergy. 

ill  Of 


(Same.  487 

///.  Of  conies. 

1.  If  any  warrener  fhall  find  any  trefpaflers  wandring  within  TrefpafiTers  in 
his  liberty,   intending  to  do  damage  therein,  and  that  will   not  """"'frT  *"*^  *"* 
yield  themfelves  after  hue  and  cry  made  to  Hand  unto  the  peace, 

but  do  flee,  or  defend  themfelves ;  altho'  the  warrener,  or  his  af- 
fiftant,  do  kill-  fuch  offenders,  they  Ihall  not  be  troubled  upon  the 
lame.     21  Ed.  \.  Ji.  2. 

2.  When  information  (hall  be  made  of  unlawful  hunting  in  a^^'^""S'n3. 

1  •    ,  •  1  •        J    r  r      L       I  •       1    warren   by  nicnt 

warren  by  night,  or  with  painted  faces,  to  any  ot  the  king  s  ^^  dijVuiftU. 
counfel,  or  to  a  jurtice  of  the  peace,  of  any  perfon  fufpefted,  he 
may  make  a  warrant  to  bring  fuch  perfon  before  himielf  or  any 
other  of  ine  faid  counfel  or  juftices  j  and  if  fuch  peribn  lliall  con- 
ceal the  faid  hunting,  or  any  of  his  accomplices,  it  ihall  be  fe- 
lony ;  but  if  he  confeffeth,  it  (hall  be  but  trefpafs  finable  at  the 
fdiions       I  H.  7.  c.  7. 

3.  \i  any  peifon  fliall  in  the  night  time  enter  into  any  grounds  Hun'ing  in  a 
inclofed,    and  ufed  for  keeping  of  conies,  and  hunt,  drive  out,  ^v»"«"  ^y  "'^  ^ 
take,  or  kill  any  conies;  he  Ihall,  on  coavidion  at   the  fuit  of 

king  or  of  the  party,  at  the  affizes  or  feffions,  on  indictment,  bill, 
information,  or  otherwife,  forfeit  10/.  to  the  party  grieved,  or 
treble  damages  and  coils  at  the  eleclion  of  the  party  ;  and  find 
fureties  for  his  good  abeanng  for  feven  years,  or  continue  in  pri- 
fon  till  he  does.     3  J.  c.  13.  /"  2. 

But  this  /hall  not  extend  to  any  grounds  to  be  inclofed  and  ufed 
for  conies  after  the  making  of  this  ad,  without  the  king's  li- 
cence,   f.  7. 

4.  No  perfon  (hall  kill  or  take  in  the  night  any  conies  upon  the  Killing  in  the 

borders  of  warrens,  or  other  grounds  lawfullv  ufed  for  the  breed-  "'6^^'  °",  ^^* 

,.  ^'.,°  ,  '  rr/vr-L      boideis  Ot  war- 

ing or  keeping  of  conies  (exxepc   the  owner  or  polieilor  or  the  ^^^^^ 

ground,  or  perfons  employed  by  them);  on  pain  that  the  offender, 
on  convidlion  in  one  month  after  the  offence,  before  one  j  jllice, 
by  conlelTion,  or  oath  of  one  witnefs,  ihall  give  to  th:;  party  in- 
jured fuch  damages  and  in  f  ich  time  as  fhall  be  appointed  by  the 
juflice,  and  over  and  above  pay  down  prefently  to  the  overfecrs 
for  the  ufe  of  the  poor  fuch  fum  not  exceeding  \o  s.  as  the  juflice 
ihall  appoint;  which  if  he  fhall  not  do,  the  juftice  Ihall  commic 
him  to  the  houfe  of  correftion  for  fuch  time  as  he  fhall  think  fit, 
not  exceeding  one  month,      zz^  z^  C  z.  c.  z^.  f  ^. 

The  ftatute  faith,  upoii  the  borders  of  •warren: ;  but  if  they  are 
out  of  the  warren,  no  perfon  hath  any  property  in  them,  and  a 
man  may  juflify  killing  them  if  they  eat  up  his  corn  ;  but  no 
aflion  lies  againft  the  owner  of  the  warren.  5  G.  104.  Read. 
Came. 

So  a  perfon  that  hath  right  of  common  may  kill  them,  when 
they  are  out  of  the  warren  and  deflroy  the  common ;  but  he  can- 
not have  an  aftion  on  the  cafe  againft  the  lord,  for  that  would  be 
to  create  a  multiplicity  of  adions.  Cro.  El.  548.  Cro.  J  a.  195, 
CVo,  Car.  388. 

5.  If  any  perfon  fhall  at  any  time,  enter  wrongfully  into  any  Killing  in  places 
warren  or  ground  laAvfully  ufed  or  kept  for  the  breeding  or  keep-i  inclofed  or  unin- 

I  i  4  ing  '^"^f^  ''y  "'S^f 

•  '  "or  day. 


488  dSame. 

ing  of  conies,  whether  it  be  incloftd  or  not ;  and  there  /hall 
chafe,  take,  or  kill  any  conies;  and  fhali  be  thereof  convicted 
in  one  month  after  the  offence,  before  one  juflice,  by  confefllon, 
or  oath  of  one  witnefs ;  he  (hall  yield  to  the  party  grieved  tre- 
ble damages  and  coils,  and  be  imprifoned  three  months,  and 
after  till  he  find  fureties  for  his  good  abearing.  22  isf  23  C.  2. 
c.  25.  /  4. 

Setting  fnares.  ^-  ^^  ^"7  perfon  fhall  be  found  or  apprehended  fetting  or  ufing 
any  fnares  or  other  like  engines,  and  fliall  be  thereof  in  like  man- 
ner convidted,  he  fliall  give  to  the  party  grieved  fuch  damages, 
and  in  fuch  time  as  the  jnftice  fhall  appoint,  and  pay  down  pre- 
fently  to  the  overfeer  for  the  ufe  of  the  poor  fuch  fum  not  exceed- 
ing 10 s.  as  the  juftice  fhall  appoint ;  which  if  he  fhall  not  do, 
the  jnftice  fhall  commit  him  to  the  houfe  of  correflion  not  exceed- 
ing one  month.     22  iff  23  C.  2.  c.  25.  f.  6. 

Keeping  engines.  7.  If  any  perfon  not  having  lands  or  hereditaments  of  40/.  a 
year,  or  not  worth  in  goods  200/.  fliall  ufe  any  gun  or  bow  to 
kill  conies,  or  fhall  keep  any  ferrets  or  coney  dogs  (except  he  have 
grounds  inclofed  for  keeping  ot  conies,  the  increafing  of  which 
fliall  amount  to  40  /.  a  year  to  be  let,  and  except  warreners  in 
their  warrens) ;  in  fuch  cafe,  any  perfon  having  100/.  a  year  may 
feize  the  fame  to  his  own  ufe.      3  7.  r.  13.  /  5. 

Felony,  g.  By   the  Black  aft  before  mentioned,    if  any  perfon,  being 

armed  and  difguifed,  fhall  appear  in  any  warren  or  place  where 
conies  are  ufually  kept;  or  (whether  armed  and  difguiled  or  not) 
fhall  rob  any  fuch  warren,  or  refcue  any  perfon  in  cuftody  lor 
fuch  offence,  or  procure  any  perfon  to  join  him  therein;  he  fhall 
be  guilty  of  felony  without  benefit  of  clergy. 

V.   Laws    concerning   the  winged  game  in 
particular. 

/.  Of  hawks  and  hawking. 

II.  Of  fwans. 

III.  Of  partridges  and  pheaf ants. 

IV.  Of  pigeons. 

V.  Of  wild  ducks.,  wild  geefe.,  and  other  water  fowL 

VI.  Of  groiife  or  moor  game. 

VII.  Of  herons. 

VIII.  Of  other  fowl 

I.  Of  hawks  and  hawking. 

What  hawks  a         ^  •  No  man  fhall  bear  any  hawk  of  the  breed  of  England^ 

Kan  fhall  bear,    called  a  nyefl!e,  gofhawk,  tafiel,  laner,  laneret,  or  faulcon  ;    on 

pain  of  forfeiting  his  hawk  to  the  king.     And  if  he  bring  any  of 

them  over  fea,  or  out  of  Scotland,  he  fliall  bring  a   certificate 

thereof  from  the  officer  of  the  port,  or  warden  of  the  march  ; 

3  oq 


©ante*  4S9 


on  the  like  pain  of  forfeiting  the  fame  to  the  king.  And  the 
pcrfon  that  bringeth  any  fuch  hawk  to  the  king,  fliall  have  a 
reafonable  reward  of  the  king,  or  elfe  the  hawk  for  his  labour. 
1 1  //.  7.  c.  17. 

2.  Every  pcrfon  who  findeth  a  faulcon,  terceirt,  laner,  or  la-  P«rfon  finding  a 
neret,  or  other  hawk  that  is  lolt,  fhall  prefcntly  bring  the  fame  to  li^wk. 

the  (lieriff ;  and  the  fheriff  (hall  make  proclamation  in  all  the 
good  towns  in  the  county,  that  he  hath  fuch  an  hawk  in  his  cu- 
ftody  ;  and  if  he  is  challenged  in  four  months,  the  owner  (hall 
have  him  again,  paying  the  colts:  if  he  is  not  challenged  in  four 
months,  the  (heriff  (hall  have  him,  making  gree  to  him  that  took 
him,  if  he  be  a  fimple  man ;  but  if  he  be  a  gentleman,  and  of 
eftate  to  have  the  hawk,  then  the  (heriff  (hall  redeliver  to  him  the 
hawk,  taking  of  him  reafonable  coils  for  the  time  that  he  had  him 
in  his  cuftody.      34  ^^y.  3.  c.  zz. 

3.  And  if  any  man  (lea!  any  hawk,  and  the  fame  carry  away,  Stealing  a  hawk, 
not  doing  the  ordinance  aforefaid ;  it  fhall  be  done  of  him  as  of 

a  thief,  that  ftealeth  a  horfe  or  other  thing.  37  Ed.  3.  c.  19. 
That  is,  he  (hall  be  guiky  of  felony,  but  (Viall  have  his  clergy. 
3  hft.  98. 

4.  If  any  perfon  fhall  take  away  any  hawks  or  other  eggs,  by  Taking  bawks 
any  means  unlawfully,  out  of  the  woods  or  grour.d  of  any  per-  ^^  ^^^s  out  ot 
fon  ;  and  bs  thereof  convidled  at  the  r.ifizes  or  ftflions,  on  indift- 

ment,  bill,  or  information,  at  the  fuit  of  the  king  or  of  the  party ; 
he  (hall  be  imprifoned  three  m.onth?,  and  (hall  pay  treble  da- 
mages; and  after  the  three  months  expired,  (hall  find  fureties  for 
his  good  abearing  for  feven  years,  or  remain  in  prifon  till  he  doth. 
I  El.  c.  2\.  j:  3. 

5.  Rut  by  a  more  ancient  ftatute,  no  man  fhall  take  any  ayre.  The  fame, 
faulcon,  gofnavvk,  tafTel,  lar.er,  or  laneret,  in  their  warren,  wood, 

or  other  place  ;  nor  purpoiely  drive  them  out  of  their  coverts  ac- 
cuftomed  to  breed  in,  to  caufc  them  to  go  to  other  coverts  to 
breed;  nor  flay  them  for  any  hurt  done  by  them  :  on  pain  of  10/. 
half  to  him  that  will  fue  before  the  juftices  of  the  peace,  and  half 
to  the  king.      11  //.  7.  c.  17. 

And  no  manner  of  perfon,  of  what  condition  or  degree  he  be, 
fhall  take  or  caufe  to  be  taken,  on  his  own  ground  or  any  other 
man's,  the  eggs  of  any  faulcon,  gofhawk,  or  laner,  out  of  the 
neft;  on  pain  (being  convidled  thereof  before  the  juftices  of  the 
peace)  of  imprifonment  for  a  yesr  and  a  day,  and  fine  at  the 
king's  will ;  half  to  the  king,  and  half  to  the  owner  of  the  ground 
where  the  eggs  were  taken,     id. 

6.  If  any  manner  of  perfon  (hall  hawk  in  another  man's  corn  Hawking  in 
after  it  is  eared,  and  before  it  is  fhocked ;  and  be  convidled  at  the  corn, 
affize?,  feffions,  or  leet ;  he  (hall  forfeit  40  j.  to  the  owner:  And 

if  not  paid  in  ten  days,  he  fhall  be  imprifoned  for  a  month. 
?3  El.  c.  10. 


//.  0/ 


490 


(5m\t. 


Qualification  to 
ktep  fwans. 


Stealing  fwars 
marked. 

Swans  unmark- 
ed. 


Svias  eggs. 


//.  0/  fwans. 

1.  No  perfon  (other  than  the  king's  fon)  unlefs  he  have  lands 
of  freehold  to  the  value  of  five  marks  a  year,  fhall  have  any  mark 
or  game  of  fwans ;  on  pain  of  forfeiting  the  fwans,  half  to  the 
king,  and  half  to  any  perfon  (fo  qualified)  who  fhall  feize  the 
fame.     22  EJ.  4.  c.  6. 

2.  It  is  felony  to  take  any  fwans  that  be  lawfully  marked,  tho* 
they  be  at  large.     Duh.  c.  i  j6. 

3.  And  as  to  fwans  unmarked  ;  if  they  be  domeilical  or  tame, 
that  is,  kept  in  a  moat,  or  in  a  pond  near  to  a  dwelling  houfe,  to 
fteal  fuch  is  alfo  felony.      Dalt.  c.  156. 

So  it  feemeth  of  fwans  unmarked,  fo  long  as  they  keep  within 
a  man's  manor,  or  within  his  private  rivers ,  or  if  they  happen  to 
efcape  from  thance,  and  be  purfaed  and  taken,  and  brought  in 
again.     U. 

But  if  fwans  that  are  Hnmarked  fliall  be  abroad,  and  fhall  attain 
to  their  natural  liberty,  then  the  property  of  them  is  loft;  and  fo 
long,  felony  cannot  be  committed  by  taking  them.     id. 

And  yet  futfl)  unmarked  and  wild  fwans  the  king's  officers  may 
feize  (being  abroad)  for  the  king's  ufe,  by  his  prerogative.  Alfo, 
the  king  may  grant  them,  and  by  confequence  another  may  pre- 
fcribe  to  have  them,  within  a  certain  precinft  or  place,     id, 

4.  Every  perfon  who  fhall  take  the  eggs  of  any  fwans  out  of 
the  neft,  or  wilfully  fpoil  them  in  the  nelT;  and  (hall  be  convi^ed 
thereof  before  two  juftices,  by  confefhon,  or  oath  of  two  witnefles; 
fliall  be  committed  to  gaol  three  months,  unlefs  he  pay  to  the 
churchwardens  for  the  ufe  of  the  poor,  zos.  for  every  egg;  or 
after  one  month  of  his  comnn.ment,  become  bound  by  recogti- 
zance  with  two  fureties  in  20/.  a-piece,  before  two  jul^ices,  never 
to  offend  again  in  like  manner :  which  recognizance  fliall  be  re- 
turned to  the  next  fefhons.      \J.  c.  zy.  /.  2. 

But  by  a  more  antient  flatute,  no  perfon  fhall  ta!:e  or  caufe  to 
be  taken,  on  his  own  ground  or  any  o:her  man's,  the  eggs  of 
any  f\^  an  ;  on  pain  (on  conviftion  before  the  juftices  of  the  peace) 
of  impr  Jonment  for  a  year  and  a  day,    and  fine  at  the  king's 


will,   half  to  the 
11  H.  y.  c.  17. 


Taking  them  in 
jae-ther  man's 


king,    and  half  to  the  owner  of  the  fwans. 


III.  Of  partridges  and  pheafants. 

Partridges  and  pheafants  are  birds  of  warren,  and  the  law  feems 
peculiarly  to  proteft  them  ;  as  appears  by  what  follows : 

I.  By  the  11  //.  7.  c.  17.  it  is  enaded,  that  no  perfon,  of 
what  condition  he  be,  fhall  take  or  caufe  to  be  taken,  any  phea- 
fants or  partridges  by  nets,  fnares,  or  other  engines,  out  of  his 
own  warren,  upon  the  freehold  of  any  other  perfon,  without  the 
fpecial  licence  of  the  owner  or  poffeflioner  of  the  fame ;  on  pain 
of  10  /.  half  to  him  that  fhall  fue,  and  half  to  the  owner  or  pof- 
fefiioner  of  the  ground  where  they  (hall  be  taken. 


z.  Every 


(!5ame.  491 


2.  Every  perfon  who  (hall  ihoot  at,  kill,  or  deftroy,  any  phea-  Tnking  them 
fant  or  partndge,  with  any  gui.  or  bow  ;  or  Ihall  take,  kill,  or  with  dogs,  new, 
deilro)  ciiem  with  ietting  cogb  and  nets,  or  with  any  manner  of  ^ -""g'nes ;  or 
rets,  fnares,  engines,    or  inltruiricnts  whatfocver;    or  ihall  take 

their  eggs  out  of  the  neft,  or  fpoil  them  in  the  nefl: ;  fhall,  on 
convit^iioPi  befoie  two  juftices,  by  confefiion,  or  oath  of  two  wit- 
reffes,  be  committed  to  gaol  three  months,  unlefs  he  pay  upon 
convitftion  to  the  churchwardens  for  the  ufe  of  the  poor,  20. <.  for 
every  pheafant,  partridge,  or  egg;  or  af  er  one  month  after  his 
commitment,  become  bound  by  recognizance  with  two  fureties, 
before  two  juflices,  in  20/.  each,  not  to  offend  agam  in  like  man- 
ner. 7  he  recognizance  to  be  returned  to  the  next  fefliona. 
I  7.  c.  27.  /  2. 

And  by  the  y  y.  c.  11.  Every  perfon,  who  (hall  take,  kill,  or 
deftroy,  any  pheafant  or  partridge,  with  fetting  dogs  and  nets,  or 
otherwife  with  any  manner  of  nets,  fnares,  or  engines ;  fhall,  on 
conviftion  before  two  juftices,  by  confeflion  or  oath  of  one  wit- 
nefs,  be  committed  to  gaol  for  three  months,  unlefs  he  forthwith 
pay  to  the  churchwardens  or  overfeers  20  s.  for  every  pheafant  or 
partridge;  and  further  to  become  bound  by  recognizance  of  20/. 
before  one  juftice,  that  he  (hall  not  thereafter  kiJl  or  deftroy  any 
pheafant  or  partridge.  The  recognizance  to  be  filed  at  the  next 
feflions. 

3.  Every  perfon  who  (hall  fell,  or  buy   to  fell  again,  any  par    Selling  orl»«y- 
tridge  or  pheafant  (except  they  be  reared  and  brought  up  in  houles,  ing. 

or  brought  from  beyond  fea) ;  fhall,  on  conviction  at  the  affizes  or 
feilions,  or  before  two  juftices  out  of  feiiions,  forfeit  for  every 
partridge  los.  and  for  every  pheafant  20  s.  half  to  him  that  will 
fue,  and  half  to  the  poor,      i  J.  c.  27.  /  4. 

4.  If  any  perfon,  of  what  eftate,  degree,  or  condition  foever,  Taking  in  the 
fhall  take,  kill,  or  deftroy  any  pheafants  or  partridges  in  the  night  night. 

lime ;  and  be  thereof  convided  at  the  aiTizes,  feihons,  or  leet ;  he 
ftiall  forfeit  foi  every  pheafant  20  s.  and  for  every  partridge  10  j. 
half  to  him  that  (hall  fue,  and  half  to  the  lord  of  the  manor,  un- 
lefs fuch  lord  (hall  licence  or  procure  the  faid  taking  or  killing, 
in  which  cafe  the  faid  half  fhall  go  to  the  poor,  to  be  recovered 
by  any  one  of  the  churchwardens;  and  if  not  paid  in  10  days 
after  convidlion,  he  fhall  be  imprifoned  for  one  month :  And 
moreover,  befides  fuch  forfeiture  and  imprilbnment,  he  fhall  give 
bond  to  fome  juftice  of  the  peace,  with  good  fureties,  not  to  of- 
fend again  in  like  manner  lor  the  fpace  of  two  years.  23  £/. 
c.  10. 

And  by  the  9  Jn.  r.  25.  If  any  perfon  whatfoever  fhall  take 
or  kill  any  pheafant  or  partridge  in  the  night  time  j  he  fhall,  on 
conviftion  before  one  juftice,  on  oath  of  one  witnefs,  forfeit  5  /. 
half  to  the  informer,  and  half  to  the  poor,  by  diftrefs ;  for  want 
of  diftrefs,  to  be  fent  to  the  houfc  of  correftion  for  three  months 
for  the  firft  offence,  and  for  every  other  offence  four  months. 

5.  Every  free  warrener,  lord  of  a  manor,  or  freeholder  feifed  •who  may  take 
in  his  own,  or  his  wife's  right,  of  40/.  a  year  eftate  of  inheri-  in  the  day  tine, 
tance,  or  lives  eftate  of  80  A  or  worth  in  goods  400  /.  may  take 

pheafants  and  partridges  (in  the  day  time  only)  in  his  own  free 

warren. 


492  <5mit. 


warren,  manor,  or  freehold,  betwixt  Wchaelmas  and  CLnjlmm 
yearly.     ■;  J.  c.  ii.  f.  j. 
At  what  time  6.  Every  perfon  whatfoevcr,  who  /hall  hawk  at,  dellroy,  or 

*^s^^'^"iM  ^''^'  ^"y  pheafant  or  partridge,  with  any  kind  of  hawk,  or  dog, 
prohibited.  ^  ^y  ^<^^0"f  o^  hawking,  between  the  firft  of  July,  and  the  laft  of 
Augufi ;  fhall,  on  convidion  before  two  jaftices,  by  confefiion,  or 
oath  of  two  witnefies,  in  fix  months  after  the  ofTence,  be  commit- 
ted to  gaol  for  one  month,  unlefs  he  pay  upon  conviciion  to  the 
churchwardens  or  overfeers  for  the  ufe  of  the  poor,  40  s.  for 
every  fuch  hawking  at  any  pheafant  or  partridge,  and  20  s.  for 
every  fuch  pheafant  or  partridge  whicii  he,  hb  bawk,  or  dog, 
fliall  take  or  kill.     •]  J.  c.  i\.  f.  z. 

It  is  here  obfervable  upon  the  w'hole,  that  the  killing  of  par- 
tridges and  pheafants  is  prohibited  in  almoll  all  n;anner  of  ways, 
except  hawking  only ;  and  that  hawking  at  them  is  only  prohi- 
bited in  two  fummer  months,  when  the  corn  is  growing,  aid  the 
brood  is  very  young:  from  wiience  it  maybe  cor.jectured,  that 
the  extraordinary  reftridions  under  this  fcclion  have  be:;n  intended 
in  favour  of  the  diverfjon  of  havvking,  and  to  preferve  thefe  two 
fpecies  of  game  for  that  purpofe.  Which  obfervation  (if  jurt) 
will  help  to  explain  fome  other  reftricllve  clauies,  in  this  part  of 
the  title,  concerning  the  ^v!/>g,J  game. 

IV.  Of  p'-geons. 

Who  may  ere€t        i.  A  lord  of  a  manor  may  build  a  dove-coat  upon  his  own 

a  dove  coat.  land,  parcel  of  the  manor  ;  but  a  tenant  of  a  manor  cannot  do  ic 
without  the  lord's  licence.  3  Salk.  24S.  But  any  freeholder  may 
build  a  dove-coat  on  his  own  ground.  Go.  El.  548.  do.  Ja, 
382. 

Devecoatnota         2.  And  it  hath  been  adjudged,  that  ere£ling  of  a  dove  houfe  is 

Bufknce.  not  a  common  nufance,   nor  prefentable  in  the  leet.     Cro.  Ja. 

490,   I. 

Killing  with  5.  Every  perfon  who  (hall  fhoot  at,  kill,  or  deflroy  any  houfe- 

ogs,  nets,  or  ^j^..^  ^j.  pjggon  with  any  gun  or  bow  ;  or  (hall  take,  kill,  or  de- 
flroy the  fime  with  fetting  dogs  and  nets,  or  with  any  manner  of 
nets,  fnares,  engines,  or  inftruments  whatfoever;  fhall,  on  con- 
vidlion  before  twojuflices,  by  confeffion,  -or  oath  of  two  witnefTes, 
be  committed  to  gaol  three  months,  unlefs  he  pay  to  the  church- 
wardens for  the  ufe  of  the  poor,  20  s.  or  after  one  month  after 
his  commitment,  become  bound  by  recognizance  w  th  two  fure- 
tie<;,  before  two  j.iftices,  in  20  /.  apiece,  not  to  offend  again  in 
like  manner.  The  recognizance  to  be  returned  to  the  next  ftl- 
fions.      I  y.  c.z- .  f.  z. 

Ptg:eons  tref-  ^    g^t  if  t]ie  pigeons  come  upon  my  land,  and  I  kill  them  ; 

^^' '■'*■  the  owner  hath  "no  remedy  againlt  me;  the'  I  may  be  liable  ta 

the  ftatutes  which  make  it  penal  to  deitroy  them.    Oo.  Ja.  492. 

^^TT'^ '"  ^'^  '^°  5-  Do^'t^s  in  a  dove-houfc,  young  and  old,  Ihall  go  to  the  heir, 
and  not  to  the  executor,     i  lufi.  8. 


V.  0' 


tbe  bcti. 


i5&t\lt.  493 

V.  Of  ivild  ducks,  wild  gee fe,  and  other  water  fowh 

1 .  Every  perfon  who  ftiall  fhoot  at,  kill,  or  dellroy  with  any  gun  Shotting  watM 
or  bow,  any  mallard,  duck,  teal,  or  widgeon ;  and  the  fame  be  '°*'* 
proved  by  confeflion  or  oath  of  two  witnefTes,  before  two  juftices ; 

— fhall  be  committed  to  gaol  for  three  months,  unlefs  he  pay  to 
the  churchwardens  for  the  ufe  of  the  poor,  20  s.  or  after  one 
month  after  commitment  become  bound  by  recognizance  with  two 
furetics,  before  two  juftices,  in  20 /.  each,  not  to  offend  again  in 
like  manner  :  Which  recognizance  fhall  be  returned  to  the  next 
feiTions.     I  y.  c,  27.  /.  2. 

2.  No  perfon,  between  the  laft  day  of  Mry,  and  the  I  aft  day  Not  to  be  taken 
of  Jugu^  yearly,  Ihall  take,  or  caufe  to  be  taken,  any  wild  ducks,  '"  ^^  moulting 
mallards,  widgeons,  teals,  or  wild  geefe,  with  nets  or  other  en- 
gines ;  on  pain  of  a  year's  imprifonment,  and  to  forfeit  for  every 

fowl  fo  taken  ±i/.  half  to  the  king,  and  half  to  him  that  will  fue 
by  adion  of  debt :  Alfo  the  juftices  of  the  peace  may  inquire  of, 
hear  and  determine  the  fame,  as  in  cafes  of  trefpafs.  25  H,  8. 
.-.  II. 

Neverthelefs,  any  gentleman,  or  any  other  that  may  difpend 
40  J.  a  year  of  freehold,  may  hunt  and  take  fuch  wild  fowl  with 
their  fpaniels  only,  without  ufing  a  net  or  other  engine  except  the 
long  bow.     iJ. 

3.  But  by  a  fubfequent  ftatute,  if  any  perfon  whatfoever  (be-  Thefaraci 
tween  Jupie  i.  and  O^.  i.  yearly,   loG.  2.  c.  32.)  fhall  by  hayes, 
tunnels,  or  other  nets,  drive  and  take  any  wild  duck,  teal,  wid- 
geon, or  any  other  water  fowl,  in  any  place  of  refort  for  wild 

fowl  in  the  moulting  feafon ;  and  fhall  be  convicled  thereof  be- 
fore one  juftice  by  the  oath  of  one  witnefs  ;  he  fhall  for  every 
fuch  fowl  forfeit  5  s.  half  to  the  informer,  and  half  to  the  poor, 
by  diftrefs ;  rendring  the  overplus  above  the  penalty  and  charges 
of  diftrefs ;  for  want  of  diftrefs,  to  be  committed  to  the  houfe  of 
correction,  not  exceeding  one  month,  nor  lefs  than  14  days,  to  be 
v.'hipt  and  kept  to  hard  labour.  And  the  nets  to  be  feized  and 
deftroyed  in  the  prefencc  of  the  juftice.     9  Jn.  c.  2y  /.  4. 

4.  No  perfon  from  March  31.  to  June  30.  yearly,  fhall  take  or  Defrroyha  th-ir 
deftroy  the  eggs  of  any  mallard,  teal,  or  other  water  fowl ;  on  eggs. 

pain  of  a  year's  imprifonment,  and  of  forfeiting  for  every  egg 
one  peny,  half  to  the  king,  and  half  to  him  that  will  fue  by  ac- 
tion of  debt ;  or,  the  juftices  of  the  peace  may  determiae  the 
fame  as  in  cafes  of  trefpafs.     25  H.  8.  f.  1 1. 

VL  Of  grciife  cr  moor  game. 

I .  If  any  perfon  whatfoever  fhall  take  or  kill  any  moor,  heath-  Kiliin"  groufe 
gime,  or  groofe,  in  the  night  time ;  he  fliall,  on  convidlion  be-  i'l  the^n'sb:. 
ii:ixe.  one  juftice,  on  oath  of  one  witnefs,  forfeit  5/.  half  to  the  in- 
former, and  half  to  the  poor,  by  diftrefs ;  for  want  of  diftrei',  ro 
be  fent  to  the  honfe  of  correclion  three  months  for  the  firft  offence, 
and  for  every  other  offence  four  months,     9  Ai,  c.  25.  /  3. 

2.  Every 


404  (Bmxt. 


Shooting  groufe.  2.  Every  perfon  who  fhall  llioot  at,  kill,  or  deftroy,  with  any 
gun  or  bow,  any  groufe,  heath  cock,  or  moor  game;  (hall,  on 
con\  iTiion  before  I'vo  jullices,  by  confeffion,  or  oath  of  two  wit- 
nefle;,  be  committed  to  gaol  for  three  months,  unlefs  upon  con- 
vidtion  he  pay  to  the  churchv.  ardens  for  the  Ufe  of  the  poor,  20/. 
or,  after  one  month  after  his  commitment,  become  bound  by  re- 
cognizance wi.h  two  fureties  in  20  /.  each,  before  two  juftices, 
rot  to  offend  again  in  like  manner :  the  recognizance  to  be  re- 
turned to  the  next  feffions.  i  y.  c.  zj.  /.  z. 
Burning  ling.  3.  For  the  better  preferving  the  red  and  black  game  of  groufe 

ccmmonly  called  heath-cocks,  or  heath- polts,  no  perfon  whatfo- 
ever  on  any  mountains,  hills,  heaths,  moors,  forelb,  chafes,  or 
other  waftes,  (hall  prefume  to  burn  between  Fei.  z.  and  yune  24.. 
any  grig,  ling,  heath,  furz,  gofi,  or  fern  ;  on  pain  of  being  com- 
mitted to  the  houfe  of  correclion,  for  any  time  not  exceeding  one 
month,  nor  lefs  than  ten  days,  there  to  be  whipt  and  kept  to  hard 
labour.     4^5?/^.  f.  23.  /  II. 

As  here  is  no  method  of  conviflion  direfled  for  this  offence, 
the  juftices  of  the  peace  feem  to  have  no  cognizance  thereof;  but 
the  trial  and  convidion  mull;  be  at  the  affizes,  or  in  the  courts  at 
Wejlminjler . 

In  the  5  An.  c.  14.  there  are  particular  diredlions  concerning 
the  burning  of  ling,  heath,  or  brakes  in  Shenxood  foreft,  and 
other  places  in  Notthighamjhire,  which  not  being  of  general  cou» 
cern  ate  here  omitted. 

VII.  Of  herons. 

Shooting  herons.  i.  Every  perfon  who  (hall  (lioot  at,  kill,  or  deftroy,  any  hearn, 
with  gun  or  bow,  (hall,  on  convidion  before  two  juftices,  by 
confeffion,  or  oath  of  two  witneffes,  be  committed  to  gaol  for 
three  months,  unlefs  on  convidion  he  pay  to  the  churchwardens 
for  the  ufe  of  the  poor,  20  s.  or,  after  one  month  from  his  com- 
mitment, become  bound  by  recognizance  with  two  fureties  in  20  /. 
each,  before  two  juftices,  not  to  offend  again  in  like  manner:  The 
recognizance  to  be  returned  to  the  next  feifions.     1  y.  c.  zj.  f.  z. 

None  fliall  take        2.  No  perfon,  without  his  own  ground,  ftiall  flea,  take,  or 

but  by  hawking,  caufe  to  be  taken,  by  mean  of  craft  or  engine,  any  herons, 
unlefs  it  be  with  hawking;  on  pain  of  6s.  %d.  10  him  who  Ihall 
fue  by  adion  of  debt ;  or  the  i'elTions  may  call  before  them  per- 
fons  fuipeded,  and  examine  them  ;  and  if  found  in  default,  may 
commit  them  till  they  have  found  furety  for  payment  of  the  for- 
feiture to  the  king ;  and  the  juftices  fhall  have  the  tenth  part  of 
the  forfeiture  for  their  labour,      ig  H.  7.  c.  11. 

Young  herons,  3.  And  no  perfon,  without  his  own  ground,  fhall  take  any 
young  herons  out  of  the  neft  ;  on  pain  of  loj.  in  like  manner  for 
every  young  heron.      19  W.  7,  c.  11. 

Igg*.  4.   And  if  any  perfon  from  March  31  to  yune  30  fhall  take 

or  deftroy  the  eggs  of  any  heron ;  he  fhall  be  imprifoned  for  a 
year,  and  forfeit  for  every  egg,  8  d.  half  to  the  king,  and  half 
to  him  that  will  fue  by  adion  of  debt,  or  before  the  juftices  of 
the  peace,     zc  H.  i.  c.  11. 

2  ^//' .  0/ 


(5mit.  495 

Fill.  Of  other  fowl. 

In  general ;  No  manner  of  perfon,  from  the  lad  day  of  March 
to  the  laft  day  of  June  yearly,  fhall  by  day  or  nighr,  take,  or  de- 
ftroy  any  eggs  of  any  kind  of  wild  fowl,  from  or  in  any  nell  or 
place,  where  they  fhall  chance  to  be  laid  by  any  kind  of  the  fame 
wild  fowl ;  on  pain  of  imprifonment  for  a  year,  afid  to  forfeit 
for  every  egg  of  a  buftard  20/  of  a  bittour  or  fhovelard  2d.  and 
of  other  wild  fowl  (except  crows,  ravens,  bofcards,  and  other 
fowl  not  ufed  to  be  eaten)  i  ^.  half  to  the  king,  and  half  to  him 
that  will  fue  by  aftion  of  debt :  Alfo  the  juflices  of  the  peace  may 
determine  the  fame,  as  in  cafes  of  trefpafs.     25  H,S.  c.  11. 

VI.  Laws  for  preferving  the  game  of  iilli  in 

particular. 

There  are  fome  a<5ls  relating  to  this  fuljeit,  of  which,  being 
of  lefs  general  concern,  it  is  thought  fufEcient  to  infert  only  the 
titles;  -viz. 

( 1 )  An  aft  for  the  prefervation  of  fifhing  in  the  river  of  Se'vem. 
30  C  2.  c.  9, 

(2)  An  aft  for  the  increafe  and  better  prefervation  of  falmon 
and  other  fifh,  in  the  rivers  within  the  counties  of  Southampton 
and  Wilts.  4  An.  c.  21.  In  which  fome  alterations  are  made  by 
the  I  G.  fi.  2.  c.  18. 

(3)  An  aft  for  the  better  prefervation  and  improvement  of  the 
fifhery  within  the  river  of  ThameSy  and  for  regulating  and  govera- 
iiig  the  company  of  fifhermen  of  the  faid  river.    9  An.  c.  26. 

What  follows,  feems  bed  reducible  under  thefe  heads : 

/.  The  penalty  of  fifhing  in  -ponds  and  other  private 
fifheries. 

II.  Rules  about  thejize^  and  preferving  the  breed  of 
fiffj. 

III.  Rules  concei'ning  fifhing  in  or  near  the  fea. 

IV.  Importing  fifh. 

I.  The  penalty  of  fifhing  in  ponds  and  other  private 
fifljeries. 

1.  Any  man  may  ereft  a  fi(h  pond  without  licence  ;  becaufe  it  ^j,,,  ^,3^  ^ttit 
is  a  matter  of  profit,  and  for  the  increafe  of  viftuals.     2  Inji.  a  fifli  pond, 

199. 

2.  If  any  trefpaffers  in  ponds  be  thereof  attainted  at  the  fuit  of  r^j^^^g  ^^^  -^. 
the  party,  great  and  large  amends  fhall  be  awarded  according  to  rrifonment  aai 
the  trefpafs ;  and  they  fhall  have  three  years  imprifonment,  and  fine. 

after  fhall  make  fine  at  the  king's  pleafure  (if  they  have  whereof) 
and  then  fhall  find  good  furety,  that  after  they  fhi.ll  not  commit 
the  like  trefpafs :  And  if  they  have  no:  whereof  to  make  fine, 

after 


496 


(!5ame. 


after  three  years  Imprifonment,  they  Ihall  find  like  furety  ;  and  if 
they  cannot  find  like  furety,  they  (hall  abjure  the  realm.  And  if 
none  fue  within  the  year  and  day,  the  king  fhall  have  the  fuit. 
3  Ed.  I.  c.  20. 

Note  ;  Thofe  are  trefpalTers  in  ponds,  who  endeavour  to  take 
fifti  therein.  2  Injl.  200. 
Three  months  3-  If  any  perfon  fhall  unlawfully  break,  cut,  or  deftroy  any  head 
imprifonment  or  dam  of  a  fifh  pond,  or  fliall  wrongfully  fifh  therein,  with  in- 
and  treble  da-  tent  to  take  Or  kill  fifh  ;  he  fliall  on  conviaion  at  the  fuit  of  the 
mages,  king,  or  of  the  party,  at  the  afhzes  or  feffions,  be  imprifoned  three 

months,  and  pay  treble  damages ;  and  after  the  three  months  ex- 
pired Ihall  find  furcties  for  his  good  abearing  for  feven  years,  or 
remain  in  prifon  till  he  doth.     ^El.  c.  z\.  J.  2,  6. 
Treble  damages        4-  ^^  ^"7  P^rfon  fhall  ufe  any  net,  angle,  hair,  noofe,  troll, 
and  10  s.  to  the  Or  fpear ;  or  fhall  lay  any  wears,  pots,  fifh  hooks,  or  other  en- 
poor*  gines ;  or  fliall  take  any  fifh  by  any  means  or  device  whatfoever, 

or  be  aiding  thereunto,  in  an  river,  (lew,  pond,  mote,  or  other 
water,  without  the  confent  of  the  lord  or  owner  of  the  water ; 
and  be  thereof  convifted  by  confefTion,  or  oath  of  one  witnefs, 
before  one  jullice,  in  one  month  after  the  offence  ;  every  fuch  of- 
fender in  taking  or  killing  fifii,  fhall  pay  any  fum  not  exceeding 
treble  damages,  and  \os.  to  the  overfeers  for  the  ufe  of  the  poor, 
by  dirtrefs ;  for  want  of  dif^refs,  to  be  committed  to  the  houfe  of 
correftion  not  exceedihg  one  month,  unlefs  he  enter  into  bond 
with  one  furety  to  the  parry  irjured,  not  exceeding  10/.  never  to 
offend  in  like  manner.     22  tfT  23  C.  2.  c.  2^.  /.  y. 

And  the  jufcice  may  take,  cut,  and  delboy  all  fuch  angles, 
{pears,  hairs,  noofes,  trolls,  wears,  pot?,  fifh  hooks,  nets  or  other 
engines,  wherewith  fuch  offender  fliall  be  apprehended.    /  8. 

Perfons  aggrieved  may  appeal  to  the  next  feffions,  whofe  deter- 
mination fhall  be  final,  if  no  title  to  any  land,  royalty,  or  fifhery 
be  therein  concerned.    /  g. 
SeiiiBg  of  en-  5.  Whereas   divers  idle,  diforderly,  and   mean  perfons,  have 

5"iss«  and  keep  nets,  angles,  leaps,  piches  and   other  engines  for  the 

taking  and  killing  of  fifh  out  of  the  ponds,  waters,  rivers,  and 
other  fifheries,  to  the  damage  of  the  owners  thereof,  therefore  no 
perfon  hereafter  iTiall  have  or  keep  any  net,  angle,  leap,  piche, 
or  other  engine  for  the  taking  of  fifli ;  other  than  the  makers  and 
fellers  thereof,  :ind  other  than  the  owner  and  occupier  of  a  river 
or  fifhery  ;  and  except  filhermen  and  their  apprentices  lawfully 
authorized  in  navigable  rivers.  And  the  owner  or  occupier  of 
the  river  or  fifhery,  and  every  other  perfon  by  him  appointed, 
may  feize,  detain,  and  keep  to  his  own  ufe,  every  net,  angle, 
leap,  piche,  and  other  engine,  which  he  fliall  find  ufed  or  laid, 
or  in  the  poffefTion  of  any  perfon  fifliing  in  any  river  or  filhery, 
without  the  confent  of  the  owner  or  occupier  thereof.  And  alfo 
any  perfon,  authorized  by  a  juilice's  warrant,  may  in  the  daytime 
fearch  the  honfes,  outhoufes,  and  other  places  of  any  perfon  hereby 
prohibited  to  have  or  keep  tne  fame;  who  fhall  be  fufpeflcd  to 
have  or  keep  in  his  cuilody  or  poflVflion  any  net,  angle,  leap, 
piche,  or  other  engine  aforcfaid,  and  feize  and  keep  the  fame  to 
his  own  ufe,  or  cut  or  dettroy  the  fame,  as  things  by  this  ai^  prot 

hibited 


<5mit  497 

lilbhed  to  be  kept  by  perfons  of  theit  degree.     4^5^.  f.  23. 

6.  By  the" Black  aft  before  mentioned,  if  any  perfon  (during  Felony, 
the  continuance  of  the  faid  aft)  being  armed  and  difguifed,  fhall 
Unlawfully  fteal  or  take  away  any  hfh  out  of  any  river  or  pond ; 
Or  (whether  armed  and  difguifed  or  not)  fhall  unlawfully  and  ma- 
licioufly  break  down  the  head  or  mound  of  any  fifh  pond,  whereby 
•the  fifh  Ihall  be  loft  or  deftroyed,  or  (hall  refcae  any  perfon  in 
cuftody  for  fuch  offence,  or  procure  any  other  to  join  with  him 
therein ;  he  fhall  be  guilty  of  felony  without  benefit  of  clergy. 

//.  Rules  concerning  i be  Jize,  dnd  preferving  the  breed 
of  fifh. 

I.  If  any  perfon  fhall  lay  or  draw  any  net,  engine,  or  other  Salmon, 
device,  or  caufe  any  thing  to  be  done  in  the  Sei-erfi,  Dee,  Wye, 
leame.  Were,  Tees,  Rihblr,  Mtrfe^,  Dun,  Air,  Ouz.e,  STJuaile, 
Calder,  Jf'harf,  Eure,  Darivenf,  or  Trent,  whereby  the  fpawn 
or  fry  of  falmon,  or  any  kepper  or  fhedder  falmon,  or  ?ny  fal- 
mon  not  I  S  inches  from  the  eye  to  the  extent  of  the  middle  of 
the  tail,  fhall  be  taken  and  killed ;  or  fhail  fet  any  bank,  dam, 
hedge,  flank,  or  net  crofs  the  lame,  whereby  the  falmon  may  be 
taken,  or  hindred  from  paffing  up  to  fpawn  ;  or  f^iall  between 
July  31.  and  Nov.  12.  (except  in  the  Ribble,  where  they  may  be 
taken  between  Jan.  i.  and  Se^t.  i  5)  take  any  falmon  of  any  kind 
in  any  of  the  faid  rivers;  or  fhall,  after  No'v.  12.  yearly,  fifh 
there  for  falmon  with  any  net  lefs  than  2  4  inches  in  the  mefh  ;  he 
Ihall,  on  conviftion,  in  one  month,  before  one  j'.'flxe,  on  view, 
confeflion,  or  oath  of  one  witnefs,  forfeit  5/  and  t  :-  rifh,  nets, 
and  engines ;  half  the  faid  fum  to  the  informer,  ana  naif  to  the 
poor,  by  diftrefs ;  for  want  of  dillrefs,  to  be  committed  to  the 
houfe  of  correftion  or  gaol,  not  more  than  three  monih?,  ;ior  lefs 
than  one,  to  be  kept  to  hard  labour,  and  fufFcr  fuch  other  corpo- 
ral punifhment  ss  the  juftice  can  think  tit:  The  nets  and  engines 
to  be  cut  or  deftroyed,  in  prefence  of  the  juftice :  The  banks, 
dams,  hedges,  and  flanks,  to  be  demolifhed  at  the  charge  of  the 
offender,  to  be  levied  in  like  manner,      i  G.  ft.  2.   r.  18.  /  14. 

Note  ;  It  is  not  faid,  who  fhall  have  the  ffh ;  (0  that  it  feemeth 
that  they  are  forfeited  to  the  king. 

And  no  falmon  out  of  the  faid  rivers  fhall  be  fent  to  Lofidon, 
under  fix  poands  weight ;  on  pain  that  the  fender,  buyer,  or  feller, 
on  the  like  conviflion,  fhall  forfeit  5  /.  and  the  fifh,  half  to  the 
informer,  and  half  to  the  poor,  by  diflrefs  ;  for  want  of  fufhcient 
diflreis,  to  be  committed  to  the  houfe  of  correftion  or  gaol,  to  be 
kipt  to  -hard  labour  for  three  months,  if  not  paid  in  the  mean 
time.     id.  /  15. 

And  perfons'  aggrieved  may  appeal  to  the  next  feffions.  id. 
/  17. 

2.   No  falnion  fhall  be  taken  in  the  Humhcr,  Ouze,  Trenf,  Done,  Salmon  fpawn, 
Arre,  Derxvrnf,    Wherfc,  Ntd,   Tore,   Snvale,  Tefs,  Tine,   Eden,    or  and  Imdcs. 
lany  other  water  wherein  falmon  a^-e  taken,  between  Sep.  8.  and 
f^'"^'-  1 1.   Nor  fhall  any  young  falmon  be  taken  at  M^hools  (nor  in 
*"• -Vol,.  I,  E.  k  '  other 


49  8  i5mnt. 


other  places,  13  i?.  2.  y?.  i.  c  ig.)  from  Mid/ipril {o  Mid/umtneri 
on  pain  of  having  the  nets  and  engines  burnt  for  the  firft  offence  ; 
for  the  fecond,  imprifonment  for  a  quarter  of  a  year  ;  for  the 
third,  a  whole  year ;  and  as  the  trefpafs  increafech,  fo  fhall  the 
puniftiment.  And  overfeers  fhall  be  affigned  to  inquire  hereof. 
13  Ed.  \.  Jl.  z.  c.  47.  That  is,  under  the  great  feal,  and  by  au- 
thority of  parliament.     2  Irjl.  477. 

And  no  perfon  fhall  put  in  the  waters  of  Thamife^  Humher^ 
Ouze,  Trent,  nor  any  other  waters,  in  any  time  of  the  year,  any 
nets  called  ftalkers,  nor  other  nets  or  engines  whatfoever,  by 
which  the  fry  or  breed  of  falmons,  lampreys,  or  any  other  fifh 
may  in  any  wife  be  taken  or  deftroyed  j  on  the  like  pain.   1 3  /{.  z« 

y/.  I.  f.  19. 

And  the  waters  of  Lon,  XVyre,  Merfee,  P.yhhyl,  and  all  other 
waters  in  hancajhlre,  ftall  be  put  in  defence  as  to  taking  of  fal- 
mons, from  Michaelmafs  to  Candlc7nafs,  and  in  no  other  time  of 
the  year.  And  confervators  fliall  be  appointed  in  like  manner. 
13  iZ.  2.  ft.  I.  c.  19. 

And  the  jullices  of  the  peace  (and  the  mayor  of  London  on  the 
Thames  and  Mednxiay)  Ihall  farvey  the  offences  in  both  the  adls 
abovementioned ;  and  fhall  furvey  and  fearch  all  the  wears  in  fuch 
rivers,  that  they  fhall  not  be  very  flrait  for  the  deftrudion  of  fuch 
fry  and  brood,  but  of  reafonable  widenefs  after  the  old  affize  ufed 
er  accuftomed ;  and  they  fhall  appoint  under  confervators,  who 
fhall  be  fworn  to  make  like  furvey,  fearch  and  punifhment.  And 
they  fhall  inquire  in  feffions,  as  well  by  their  office,  as  at  the  in- 
formation of  the  under-confervators,  of  all  defaults  aforefaid,  and 
fhall  caufe  them  which  fhall  be  thereof  ind  idled,  to  come  before 
them ;  and  if  they  be  thereof  convidt,  they  fhall  have  imprifon- 
ment, and  make  fine  at  the  difcretion  of  the  juflices :  and  if  the 
fame  be  at  the  information  of  an  under-confervator,  he  fhall  have 
half  the  fine.  17  K.  2.  c.  9. 
Spawn  and  fifli  3.  No  perfon,  of  what  eftate,  degree,  and  condition  foever  he 
under  fize.  be,  fhall  take  and  kill  any  young  brood,  fpawn,  or  fry  of  fifh; 

nor  fhall  take  and  kill  any  falmon  or  trouts,  not  being  in  feafon, 
being  kepper  or  fhedder  ;  nor  any  pike  or  pikerel  not  being  in 
lengtli  10  inches  fifh  or  more  ;  nor  any  falmon  not  being  in  length 
16  inches  fifh;  nor  any  trout  not  being  in  length  eight  inches 
fifh ;  nor  any  barbel  not  being  in  length  1 2  inches :  and  no  perfon 
fhall  fifh  or  take  fifh  by  any  device,  but  only  with  net  or  tramel, 
whereof  the  meih  fhall  be  two  inches  and  an  half  broad  (angling 
excepted,  and  except  fmelts,  loches,  minnies,  bulheads,  gudgions, 
and  eels) :  on  pain  of  forfeiting  20  /.  for  every  offence,  and  alfo 
the  fifh,  nets,  and  engines,      i  El.  c  17. 

And  the  confervators  of  rivers  may  inquire  hereof  by  a  jury  ; 
and  in  fuch  cafe  they  fhall  have  the  fines,     id. 

The  leet  alfo  may  inquire  hereof;  and  then  the  forfeiture  fhall 
go  to  the  lord  of  the  leet.  And  if  the  fleward  do  not  charge  the 
jury  therewith,  he  fhall  forfeit  40/.  half  to  the  king,  and  half 
to  him  that  fhall  fue.  And  if  the  jury  conceal  the  offence,  he 
may  impanel  another  jury  to  inquire  of  fuch  concealment ;  and  if 
it  is  found,  the  former  jury  fhall  forfeit  every  one  20  j.  to  the  lord 
of  the  leet    id.  And 


(I5ame.  499 

And  if  the  offence  is  not  prefented  in  the  leet,  within  a  year, 
then  it  may  be  heard  and  determined  at  the  felTions  or  affizes. 
(Saving  the  right  of  the  confervators.)     id. 

4.  No  perfon  fhall  fatten  any  nets  over  rivers,  to  ftand  conti-  Nets  ftanding 
nually  day  and  night;  on  pain  of  an  hundred  (hillings  to  the  king,  day  and  night. 
iH.  6.  f.  15. 

///.  Rules  concerning  fijhtng  In  or  near  the  [ea. 

1 .  No  perfon  fhall  take,  kill,  or  deflroy  any  lobfters  on  the  Loi,ftg„ 
coaft  of  Scotland,  from  June  I .  to  Sept.  i .  on  pain  of  5  /.  to  be 
recovered  by  any  perfon  who  fhall  inform  and  fue  for  the  fame, 

on  a  fummary  complaint  before  two  juftices  of  the  Ihire  on  the 
coaft  where  the  offence  fliall  be  committed.     9  G.  2.  f.  33.  /  4. 

2.  Every  perfon  who  fhall  fet  up  any  new  wear  along  the  fea  EreftiBg  a  new. 
fhore,  or  in  any  haven,  harbour,  or  creek,  or  within  five  miles  of  wear. 

the  mouth  of  any  haven  or  creek,  fhall,  on  convidion  before  one 
juftice,  or  mayor,  forfeit  for  every  offence  10/.  half  to  the  king, 
and  half  to  him  that  fhall  fue  ;  to  be  levied  by  the  conftables  or 
churchwardens,  by  diilrefs.     3  y.  c.  iz.  f.  2. 

3.  Every  perfon  who  fhall  willingly  take,  deflroy,  or  fpoll  any  spawn  of  faa 
fpawn,  fry,  or  brood  of  any  fea  fifli,  in  any  wear  or  other  engine  fifh. 

or  device  whatfoever ;  fhall  forfeit  for  every  offence  10/.  in  like 
manner.     3  y .  c.  \z.  f.  2. 

4.  And  every  perfon  who  fhall  fifh  in  any  haven,  harbour,  or  Size  of  nets  at 
creek,  or  within  five  miles  of  the  mouth  of  any  haven,  harbour,  ^'^*' 

or  creek  of  the  fea,  with  any  draw-net,  or  dragnet  under  three 
inches  mefh,  iiiz.  i  |  inch  from  knot  to  knot  (except  for  the  taking 
of  fmoulds  in  Norfolk  only),  or  with  any  net  with  canvas,  or  other 
engine  or  device,  whereby  the  fpawn,  fry,  or  brood  of  lea  fifh 
may  be  deftroyed ;  fliall  in  like  manner  forfeit  fuch  net,  and  alfo 
10  s.  for  every  offence,  half  to  the  poor,  and  half  to  him. that 
fhall  fue.     3  7.  f.  12.  /  2. 

But  this  aft  fhall  not  extend  to  any  net  of  lefTer  meafh,  only 
for  taking  of  herrings,  pilchards,  fprats,  or  lavidnian     id.  f.7^. 

And  by  a  fubfequent  ftatute,  if  any  perfon  fhall  ufe  at  fea,  on 
the  i'w^///^  coaft,  any  traul-net,  drag-net,  or  fet  net,  for  catching 
of  any  fifh  (except  herrings,  pilchards,  fprats  or  lavidnian)  which 
hath  the  mefh  lefs  than  3  ^  inches  from  knot  to  knot;  or  vvhi;h 
hath  a  falfe  or  double  bottom ;  or  fhall  put  one  net  behind  an- 
other; he  fliall,  on  conviftion  (after  fummons)  before  one  jaftice 
where  the  offender  refides  or  fhall  be  found,  on  oath  of  two  wit- 
neffes,  in  one  month  after  the  offence,  forfeit  the  fame,  and  alfo 
20/.  half  to  the  informer,  and  half  to  the  poor,  by  diftrefs  ;  for 
want  of  fufhcient  diftrefs,  to  be  committed  to  gaol  for  1 2  months ; 
and  the  nets  to  be  burnt,  i  G.  Jf.  2.  c.  1 8.  Perfons  aggrieved 
may  appeal  to  the  next  feffions.     id, 

5.  By  the  fame  aft  of  i  G.  /.  2.  if  any  perfon  fliall  bring  t8  sht  of  Tea  fi/h, 
fliore,  or  expofe  to  fale  any  fifli  lefs  than  the  following  fizes  from 

the  eyes  to  the  extent  of  the  tail,  njiz.  bret  or  turbet  16  inches, 
bril  or  pearl  14,  codlin  12,  whiting  6,  bafs  and  mullet  12,  foie  8, 
place  or  dab  8,  flounder  7  (except  only  fuch  as  fliall  be  taken  with 

Kk  2  a 


500  ©ante* 


a  hook,  22  G.  2.  t.  49.  /  22.)  j  he  fhall  forfeit  the  fi(h  to  tlic 
poor  ;  and  alfo  20  j.  half  to  the  informer,  and  half  to  the  poor } 
to  be  levied  in  like  manner :  for  default  of  payment,  or  of  fufh- 
dent  diftrefs,  to  be  fent  to  the  next  houfe  of  correftion,  or  other 
common  gaol  of  the  county,  to  be  fcvcrely  whipt,  and  kept  te 
hard  labour  fix  days,  and  not  longer  than  1 4.  Perfons  aggrieved 
may  appeal  to  the  next  fcffions. 

IV.  Importing  fjh. 

May  U  fcizcd.  *•  If  any  ling,  herring,  cod,  or  pilchard,  falmon,  eels,  or  con- 
gers, taken  by  foreigners,  (hall  be  imported  or  expofed  to  falc  ^ 
any  perfon  may  leizc  the  fame,  half  for  himfelf,  and  half  for  th« 
poor.     18  C  2.  c.  z. 

Penalty,  icol.  2'  ^^^  ^y  *^^  ^  ^'  fi-  ^-  ''•  *^'  ^"*^  9  ^'  ^-  '•  33-  "°  ^^ 
taken  by,  or  received  of  any  foreigner,  except  proteftants  inha- 
biting in  England,  fhall  be  imported  (except  eels,  llock  fi{h,  an- 
chovies, fturgeon,  botarge,  or  cavcar,  lobller,  and  turbets) ;  on' 
pain  of  100  /.  and  the  mafter  of  the  vefTcl  50  /.  half  to  the  poor, 
and  half  to  the  informer  who  (hall  fue  in  1 2  months  in  any  of  the 
courts  at  Wcjiminjler. 

For  filhing,  fo  far  as  the  fait  duties  are  concerned  therein,  may' 
be  conmltcd  that  part  of  the  title  CjCCt'fc^  which  treateth  of  the 
duties  upon  fait. 

A.  Appointment  of  a  gamekeeper  -,  on  the  22  C^ 
23  C.  2.  c.  25.  /  2.  5  An.  c.  14.  /4.  and 
3G.  C.  II.  /.  I. 


I 


A.  L.  efquire,  lord  of  the  manor  of  •«  ••  do  hereby  nomi- 

nate,   authorize,    and  appoint    A.  G.   of   P.  in  the  county  of 
•  yeoman,  to  be  my  gamekeeper  of  and  ivithin  myfaid  manor 


of  — — —  in  the  county  afore faid,  luith  full  potver,  licence,  and 
authority  to  kill  any  bare,  pheafant,  partridge,  or  any  other  game 
nuhatfot'ver,  in  and  upon  my  faid  manor  of  •  for  my  fole  ufe, 

and  immediate  hem  ft ;  and  alfo  to  take  andjdze  all  fuch  guns,  honxis^ 
greyhounds,  fitting  dogs,  lurchers,  or  other  dogs  to  kill  hares  or  co- 
nies, ftrrets ,  trataels,  lonxihclls,  hays  or  other  nets,  harepipes,  fnares 
or  other  engines  for  the  ti-kijig  and  killing  of  conies,  bares,  phea- 
fant s,  partridges,  or  other  game,  as  nuithin  the  preciniis  of  myfaid 
Tnanor  of  fhall  he  vftd  by  any  perfon  or  perfons  nvho  by  lam 
are  prohibited  to  keep  or  ufe  the  fame.  Givtn  urder  my  hand  a.. 
feal,  this  •  day  of  in  the Jf'?^}  ^^' 


B.    Warraii, 


B.    Warrant  to  fearch  for  dogs  and  engines ;  on  the 
22  ^  23  C.  2.  c.  25.  /  2. 


Weftmorland.  ^  To- 


WHEREAS  complaint  hath  been  made  unto  me  ].V.  e/quiftf 
one  of  his  majejlys  jtijiices  of  the  peace  in  and  for  the  f aid 
county y  upon  the  oath  of  A.  I.  of  in  the  f aid  county^  yeo- 

man, that  he  the  faid  h.  I.  hath  good  ground  to  fufpeil  and  doth 
fufpcSi  that  A.  O.   of  aforcfaid,     in  the  county  aforefaid, 

y£oman,  being  a  perfon  in  no  refpeil  qualified  by  the  la^ws  of  this 
realm  fo  to  do,  hath  and  keepeth  in  his  cujiody  a  greyhound  [gun, 
net.  Sec  ]  to  kill  and  dejlroy  the  game :  "Thefe  are  therefore  to  com- 
mand you  in  his  majejlfs  name  to  enter  into,  and  fearch  in  the  day 
time,  the  houfes,  outhoujes,  and  other  places  of  him  the  fid  A.  O. 
at  ■      ■  aforefaid,    and  if  you  there  find  a7iy  greyhound,  &c.  that 

youfeize  and  hep  the  fame  for  the  uf  of  A.  L.  tfquire,  lord  of  the 

manor   of in  <ivhich  manor  the  [aid  houfes,    out  houfes,  and 

other  places,  are  fituate  and  do  lie,  or  othernjjift  that  you  cut  in  pieces 

or  dcfiroy  the  fame       Gi-ven  under  my  hand  and  feal  th( day 

of '  in  the year,   &c. 

C.     Warrant  againft:  a  perfon  for  keeping  dogs  and 
engines  j  on  the  5  An.  c.  14.  /  4. 


Weftmorland.  <  To- 


WHEREAS   complaint  hath  this  day  been  mad^  before  me 
J.  P.    efqidre,   one   of  his  majefiys  jufiices   of  the  peace   in 

and  for  the  county  of aforefaid,  upon  the  oath  of  A.  1.   of 

'  in  the  faid  county,  yeoman,  that   A.   O.   of  the  parijh  of 

•  in  the  faid  county,  fi}otmaker,  doth  keep  [or  ?//!!]   a   grey- 

hound, Szz.  to  kill  and  defiroy  the  game,  he  the  faid  A.  O,  not  biing 
qualified  by  the  lanvs  of  this  realm  fo  to  do,  contrary  to  the  fiatutes 
in  fuch  cafe  made  and  provided :  Thefe  are  therefore  in  his  majcfifs 
name  to  command  you,  that  you  do  forth^vcith  upon  fight  hereof  ap- 
prehend the  faid  A.  O.  and  bring  him  bfore  me  to  anfwer  the  pre- 
mijfes,  and  to  be  further  dealt  ijjith  according  to  laiv.      Given  under 

my  hand  and  fval  the day  of———  in  the       -  ■  ■  ■   year  of 

the  reign  of . 

D.     Conviftion  of  keeping  dogs  and  engines  j  on 
the  5  An,  c.  14.  /  4. 

"Weftmorland.  "JQ  E  it  remembred,    that  on  the  day   of 

X3     ^  l^   the       year  of  the   reign  of 

— ■  of  Great  Britain,  France,  and  Ireland,  king,  defender  of 

the  faith,    and  fo  forth,   at —  in  the  county  aforefaid,   A.  I. 

'f- Cometh  before  me  J.  P.  efquire,  one  of  the  jufiices  of  out 

faid  lord  the  king,  afjigncd  to  keep  the  peace  of  our  faid  lord  the 
K  k   3  king 


502  <5mit. 


king  in  the  /aid  county,  and  alfo  to  hear  and  determine  difvers  felo.- 
niis,  trefpaJfeSf  and  other  mifiemeanors  in  the  f aid  county  committed^ 
and  givetb  ne  the  faid  jujtice  to  under ftand  and  be  informed,  that 
one  A.  O.    of  the  parijh   of  in   the   county  ajorefaid,  f?oe- 

maker f    en  the dpy  of  in  the year  cfore- 

faidy  at  the  parijh  aforefuidy  in  the  county  aforefiid,  did  keep  and 
life  a  certain  dog,  called  a  greyhound,  to  kill  and  defray  the  gcmtCy 
be  the  faid  A .  O.  not  being  qualified  by  the  laics  rf  this  realm  fo 
to  do,  ag^inf  the  form  of  the  fatute  in  that  cafe  made  and  pron.ided : 
And  afterivards  upon  the  ajorefaid  day,  and  in  the  year  frjl  abo've- 
mentianed,  he  the  laid  A.  O.  being  brought  befure  me  by  my 'war- 
rant for  that  purpofe,  is  ajked  by  me  thefuidjujlice,  ij  he  can  fay 
any  thing  for  himfelf,  iichy  he  the  faid  A.  O.  Jhould  not  he  ccrmjiSled 
cf  the  premifes  abo've  charged  upon  him  in  form  afrcfaid;  njcho 
pleadeth  that  he  is  not  guilty  cf  the  faid  offence  :    ncvcrththfs  on  the 

day  aforefaid,  in  the  year   aforefaid,  at  aforcfaid^  in  the 

county  aforefaid,  one  credible  ivttncfs,    to  tiit,    A.   W.    of  •     • 

yeoman,  cometh  btfore  me  the  afurefaidjufice^  and  before  me  the  fume 
juflice  upon  his  oath  on  the  holy  gofpel  to  him  then  and  there  by  me  the 
aforefaid  juf  ice  adminifred,  depofeth,  fiveareth,  and  upon  his  oath 

aforefaid  afjirmeth,  and  faith,  that  the  rforefaid  A.  O.  on  the 

day  of aforefaid,  in  the  year  aforefaid,   at  the  parijh  of———— 

aforefaid,  in  the  county  aforefaid,  did  keep  and  ufc  a  certain  dog  called 
a  greyhound,  to  kill  and  defroy  the  game ;  j^nd  thereupon  the  afore- 
faid A.  O.  the  day  and  year  aforefaid,  at  ^——  aforefaid,  in  the 
county  aforefaid,  before  mt  the  fu7ne  jvftice,  by  the  oath  of  one  credible 
ftfjitnefs  I fcrefaid,  according  to  the  form  of  the  fatute  aforefaid,  is 
connjicled :  And  for  his  offence  aforefaid  hath  forfeited  thefum  of  5  1. 
of  laijcful  money  cf  Great  Britain,  to  be  difributed  as  the  fatute 
aforefaid  doth  direti.  In  nuitnefs  <vchereof,  I  the  faid  juf  ice  to  this 
prefent  record  cf  the  coni'iilion  ajorefaid,  hwve  fet  my  hand  and  feal 

at aforefaidf  in  the  county  aforefaid,  the  day  and  year  firji 

abo'ueiLritten. 

If  it  fhall  be  thought  neceflary  to  fet  forth  fpecially,  that  the 
defendant  had  not  fuch  and  fuch  qualifications,  then  in  reciting  the 

teftimony  of  the  vvitnefs,  the  conviction  fhould  proceed  thus: 

did  keep  and  ufe  a  certain  dog  called  a  greyhound,  to  kill  and  deflrcy 
the  gujne  ;  And  that  he  the  faid  A.  O.  then  hadjiot,  nor  yet  hath, 
lands  and  tenements,  nor  any  other  eftate  cf  inheritance,  in  his  onvn 
or  his  nuife's  right,  of  the  clear  yearly  "value  cf  lool.  per  annum, 
nor  for  term  of  life',  nor  any  leaf  nor  leafes  of  gg  years,  nor  for  any 
longer  term,  of  the  clear  yearly  value  of  150I.  and  that  he  the  faid 
A.  O.  then  luas  not,  nor  yet  is,  the  fon  and  heir  apparent  oj  an 
ffquire,  nor  of  any  other  per  fon  of  higher  degree  ;  nor  the  o^wner  Ttor 
keeper  of  any  foref,  park,  chafe,  or  muarren  ;  nor  gamekeeper  to  any 
lord  or  lady  of  a  manor ;  And  thereupon  • 


E.    Warrant 


E.     Warrant  to  diftrain  5/.  for  keeping  dogs  or  en- 
gines;   on  the  5  Jn.  c.  14.  /  4. 


Weftmorland,  <  To- 


W  HE  RE  AS  A.  O.  0/ in  the  fuid  county,  Jkot- 
maker,  is  this  day  con-uicicJ  before  me  J.  P.  ejquire,  one 
of  his  majcfys  jufices  of  the  peace  in  anJ  for  the  fuid  county,  upon 
the  oath  of  A.  1.  a  credible  nuitnefs,  for  that  he  the  faid  A.  O.  ^^- 
ing  a  f  erf  on  vot  qualified  by  the  laivs  of  this  realm  fo  to  do,  en  the 

•  day  of in  the —year  of  the  reign  of  ■  • 

did  keep  and  ufe  in  the  parijh  of  aforcfi;id,    in  the  county 

aforefaid,  a  certain  dog  calUd  a  greyhound,  to  kill  and  defray  the 
gctT/ic,  by  lirtue  nxhcriof  he  the  faid  A.  O-  hath  forfeited  the  fvm  of 
5  1.  to  he  dijiributcd  as  herein  after  is  mentioned :  ^Jhefe  are  therefore 
in  his  faid  r^mjefy's  name,  to  command  you  to  hi>y  the  Jaid  fum  by 
difrefs  of  the  goods  of  him  the  fuid  A.  O.  and  if  'v.ithin  the  face 
of  \_  four']  days  next  ojter  fuch  d'rfrefs  ly  you.  taken,  the  faid  fum, 
together  luith  rcpfonahlc  charges  oj  taking  and  kctping  the  faid  di' 
firefs,  Jhall  7ict  he  paid,  that  thin  you  do  fell  the  faid  goods  fo  by  you 
drf  rained,   and  cut  of  the  mcney  arifng  by  fuch  f ale,  that  you  do  pay 

one  half  of  the  faid  fum  of  ^\.   to  A.   I.   of in  the  faid 

county,  yeoman,  ^>.uho  informed  vie  of  the  faid  ojfence,  and  the  ether 
half  of  the  faid  fum  of  ^  ].   to  the  onjerfecrs  of  the  poor  of  the  fd- 

rif?  of pforefaid,  nvhere  the  faid  offence  ivas  committed,  for 

the  ufe  of  the  poor  cf  the  faid  parijh  ;  returning  the  overplus  on  de- 
mand unto  him  the  faid  A.  O.  the  reaf enable  charges  cf  taking, 
keeping,  and  felling  the  faid  difrefs,  being  frf  deduced.  And  if 
fuficicnt  difrefs  caniiot  he  found  of  the  goods  of  the  fiid  A.  O. 
ivhereon  to  le<vf  the  faid  fum  of  ^\.  that  then  you  certify  the  fame 
to  me,  together  'Txiith  the  retian  of  this  precept.  Gimen  under  rny 
hand  and  feal  the  •     '     ■  ■   ■  day  of————  in  the  year 

cf . 

F.     Commitment  for  want  of  diftrefs,  for  keeping 
dogs  and  engines;  on  the  5  An.  c.  1^.  f.  4. 


,j 


To  the  conftable  of in  the  faid  county, 

Weftmoilar.d.  -^    and  to  the  keeper  of  the  houfe  of  correction  at 
in  the  faid  county. 

HERE  AS  A.  O.   of in  the  faid  county,  fhoe- 

maker,  ixjas   on  the  ■  day  of in  the 


year  of—, cowuiiied  before  me  J.  P.  efquire,  one  of  his  majefyi 

jufices  of  the  peace  in  and  for  the  faid  county,  upon   the  oath  of 
A.  W.  a  credible  luitnefs,  for  that  he  faid  A.  O.  not  being  a  perfon 

hy  the  laius  of  this  realm  qualified  fo  to  do,  on  the  ■ day  of 

• in  the  year  a  for  ef aid,  did  keep  and  ufe  in  the  parijh  of' 

aforefaid,  in  the  county  aforefaid,  a  certain  dog  called  a  greyhound, 
to  kill  and  defray  the  game,  by  I'irtue  'whertof  he  the  faid  A.  O. 

K  k  4  huth 


504  <5mit. 


hath  forfeited  the  fum  of  ^\.  of  laivful  money  of  Great  Britain  ] 
j^nd  iijhereas  on  the  fuid  ■  ■  day  of--     ■         in  the  ye  r  afore- 

faidf   I  did  ijfue  my  ivarrant  to  the  confahle  of to  Iciy  the 

faid  fum  c/'  5  1.  by  difrefs  and  f ale  of  the  goods  of  him  the  f aid 
A.  O.  and  to  diftribute  the  fame  according  as  is  direSied  by  the  fia- 
tute  in  that  behalf  made  j  and  ivhereas  it  duly  appt  ars  to  me,  as 
nvell  on  the  oath  of  the  faid  confahh,  as  othfwjife,  that  he  the 
faid  conjiable  hath  ufd  his  brf  endeavours  to  leiy  the  /aid  fum 
en  the  goods  cf  the  /aid  A.  O.  as  afore/aid,  but  that  no  /ufjicient 
difre/s  can  he  had  txhtrton  to  levy  the  /ame :  7hefe  arc  there- 
fore to  command  you  the  faid  con/iable  of————  aforefaid,  to  appre- 
hend the  body  cf  the  faid  A.  O.  and  him  fafely  to  convey  to  the 
houfe  of  correSion  at  >  •  •  in  the  faid  county,    and  there  de- 

liver him  to  the  faid  keeper  thereo/,  together  iviih  this  precept. 
j4nd  I  do  alfo  hereby  command  you,  the  faid  keeper  cf  the  faid  houfe 
of  correSiion,  to  receive  into  your  cu/iody  in  the  /aid  hsu/e  of  cor- 
rcSlion  the  faid  A.  O.  and  him  there  fafely  to  keep  for  the  /pace 
ef  three  months  :  and  for  fo  doing  this  /hall  be  your  fuf.cient  ivar- 
rant. Given  under  my  hand  and f cat  the  '  •  d/^y  of'  in 
the  '-———year,  &C. 

G.     Certiorari  bond,  on  a  convi(5bion  for  keeping 
dogs  or  engines  \  on  the  5  An.  c.  14.  /  2. 

KNOW  all  men  by  thefe  prcfents,  &c.     Whereas  the  above- 
bound  h.  O.  IV as  lately  conviBcd  before  J.  P.  efquire,  one  of 
his   majffy's  jufices  of  the  peace  in  and  for   the   county  of  ^ 

afar  ef  aid,  of  keeping  and  ufing  at  ■•  aforefaid  in  the  faid  county  ^ 

a  griyhound  to  kill  and  dc/iroy  the  game'.  And  ivhereas  the  /aid  A.  O. 
hath  f  nee  his  /aid  conviilion  /ued  out  his  ma]cfys  writ  of  certiorari 
to  remove  the  fame,  and  the  proceedings  thereupon,  before  the  king 

himfelf  wherever  he  fall  be  in  England  on : \jhe  day  of  the 

return  of  the  certiorari]  :  The  condition  cf  the  above  obligation  is  fuch, 
that  if  the  abovehcuvd  A.  O.  do  and /hall  (according  to  the  true  in- 
tent and  meaning  of  the  fiatute  in  fuch  cafe  made)  well  and  truly  pay 
to  the  /aid  A.  I.  within  \\  days  a/ter  the  /ame  conviSIion  /hall  be 
confirmed,  or  a  procedendo  granted  thereupon,  his  full  cofis  and 
charges  ivhich  he  /hall /ufain  touching  cr  concerning  the  /aid  convic- 
tion and  removal  thereof  by  the  faid  writ  of  cer  tiorari ;  then  the 
abovcvjittcn  obligation  Jhall  he  void,  other  wife  of  force. 

li.     Warrant  againft  a  higler  having  game  in  his 
poffeflion  ;  on  the  5  An.  c.  \\.  f.  2. 


Weftmorland  <  To  the  conftable  of 


WHEREAS  A.    I.    of hath   this  day  made  oath 
bfore  me  J.  P.  efquire,  one  of  his  mr.je/ys  jufVues  of  the 

peace  in  and  for  the  faid  county,   that  on  the day  0/ — ' 

novo  la/l  pa/i,  he  the  /aid  A.  I.  did  /ee  in  the  pofc/fion  0/  A.  O,, 
of •'  in  the  pari/h  of  ^  in  the  county  aforefaid,    inn- 

keeper ^ 


V 


keeper,  at  ■  •  aforefaiJ,  in  the  parrjh  and  county  afore/at  J,  in 

the  houfe  of  him  the  f aid  A.  O.  thtn  and  there  one  hare  [or,  did 
fee  him  offer  to  fell  one  hare.  Or  as  the  cafe  fhail  be]  he  the  faid 
A .  O.  being  no  ivay  qualified  hy  the  lanvs  of  this  realm,  to  hwue  the 
faid  hare  in  his  cujlody  or  pojfejfioni  againjl  the  form  of  the  fiat  ute 
in  that  cafe  made  and  pron/ided:  Jhefe  are  therefore  to  command 
ycu,  to  bring  the  faid  A.  O.  before  me  or  fame  other  of  his  majeftys 
jujlices  of  the  peace  for  the  faid  county,  to  anfi.ver  the  premiffes^ 
and  to  be  further  dealt  tKithal  according   to  lanv.      Given  under  my 

hand  and  fealy    the  •    ■  day  of in  the . 

year  See. 

I.  Warrant  to  levy  5/.  on  the  goods  of  a  higler 
convidied  of  having  game  in  his  cuftody; 
on  the  5  Jn.  c.  14..  f.  2, 

Weftmorland.  •)  To  the  conflable  of , 


■1 


WHEREAS  A,  O.  of .  in  the  parifii  of 
in  the  county  aforefaid,  higler,  is  on  this  j,refent  •                day 

tf  ———  in  the  year  of  the  reign  of ■. —  duly   con- 

tviSled  before  me  J .  P.  efquire,  one  of  his  mojefiys  jufiices  cf  the 
peace  in  and  for  the  faid  county,  upon  the  oath  of  A.  W.  a  credible 
nx/itnefs,  for  that  he  the  faid  A.  O,  on  the  ■  day  of' 

in  the  year  of »  at  the  parif?  of aforefaid^ 

in  the  county  aforefaid,  had  in  his  cvfiody  and  pofjcffon  one  hare,  he 
the  faid  A.  O.  being  no  nuay  qualified  by  the  laixs  of  this  realm  ta 
have  the  faid  hare  in  his  cufiody  or  poffeffion,  againfi  the  form  cf 
the  fiat  ute  in  that  cafe  made,  by  reafon  ^v  hereof,  he  the  fid  A.  O. 
hath  forfeited  the  fum  of  !^\.  Thefe  are  therefore  to  require  you  ts 
le'vy  the  faid  fum  of  ^\  by  difircfs  of  the  goods  of  him  the  fid 
A.  O.  and  if  'ixithin  the  fpace  cf  [fi've'\  days  next  after  fuch  di- 
firefs  by  you  taken,  the  faid  fum  of  5  1.  together  nvith  reafonable 
charges  of  taking  and  keeping  the  find  difirefs,  fhall  not  be  paid^ 
that  then  you  do  fell  the  j aid  goods  fo  by  you  d/Jt rained  as  aforefaid, 
and  out  of  the  money  arifing  by  fuch  f ale,  that  you  do  pay  one  hctlf 

of  the  faid  fum  of  5  1.  to  A.  I.   of ■ -yeoman,  ^who  "informed 

me  of  the  find  offince,  and  the  other  half  to  the  poor  of  the  parifh 
of  — — — ^—  aforefaid,  ivithin  nvhich  parijh  the  foid  offence  ii-^s 
committed;  returning  to  him  the  fid  A.  O.  the  O'vcrplus  on  dtmand, 
the  reafonable  charges  of  taking,  keeping,  and fidlir.g  the  find  difirefs^ 
being  fir  ft  deducted.  And  if  fufii' ient  diftrefs  cannot  be  had  of  the 
goods  of  the  faid  A.  O.   that  you  artify  the  fume  to  me  together  'voith 

the  return  of  this  precept.      Gi-vtn  under  my  hand  andfial  the « 

day  of in  the         ■    year  of  v 


K.     Commitment 


5c6  (Same* 

K.     Commirment  on  the  fame  for  want  of  diflrefs ; 
on  the  5  An.  c.  14.-  /■  2. 


To  the  conftable  of in  the  faid  county, 

Weflmorland.  -^    and  to  the  keeper  of  the  houl'e  of  corredion  at 
in  the  faid  county, 

WPIEREAS  A.  O.  rf in  the  faid  county,  higlcr^ 
luas  on  the doy  of       •  .    .  duly  connjieled  before  me 

J.  P.  f quire,  one  of  his  mojefiss  jujiices  of  the  peace  in  and  for  t-he 

faid  countx,  upon  the  onth  of  A.  W.  of a  credible  ixjitnefs^ 

for  that  he  the  fuid  A.  O.    on  the day  of  in  the 

-    ■ '    ■  ■  year  of  -  at  the  parifh  cf afurefaid,    in  the 

county  iforefuid,  h.d  in  his  cuflody  and  pojj',jjion  one  hare,  he  the  faid 
A.  O.  being  no  'way  qualified  by  the  la^ws  of  this  realm  to  ha'ue  the 
faid  hare  in  his  cuftody  or  pcfftffton,  againfl  the  for7n  cf  the  fiatute  in 
that  cafe  made^  by  recfn  ^vhereof  he  the  faid  A.  O.  hath  forfeited 
the  fum  of  ^].  jhid  ivhereas  on  the  faid  ■  day  of  ■  —  iti  tl^ 
year  afore  faid,  I  did  ifjue  my  ivarrant  to  the  confiable  of  to 
leiy  the  faid  fun:  rf  ^  \.  by  dijirf  and  f ale  cf  the  goods  rf  him  the 
faid  A.  O.  and  to  dijinbutt  the  Jrmc  according  as  is  dir tiled  by  the 
faid  fiatute  ;  And  ivhereas  it  duly  appears  to  me,  as  <well  on  the  oath 
cf  the  faid  corfablf  of  ••  •  •  as  othfr<wif',  that  he  the  faid 
corf  able  of"  •  hath  ufcd  his  bejl  endca<vours  to  levy  the  fad 
fum  on  the  goods  cf  the  faid  A.  O.  as  aforcf-.id,  hut  that  no  f'j^cient 
difircjs  C{in  be  found  'vjhcreon  to  le'vy  the  fume  ;  ^hcfe  are  there- 
fore to  require  you   the  confiable  cf -  ■•  afrejaid,    to   carry 

the  faid  A.    O.   to  the  faid  hsvfe  of  correfiion  at  ••      •  cfore- 

faid,  and  delii'er  him  to  the  faid  keeper  thericf,  together  ivith 
this  precept.  And  yon  the  fad  kerper  are  hey-.-y  commanded  to  re- 
eii've  into  your  rujlody  in  the  j:iid  hovfe  of  com  Bi  on  him  the  faid 
A.  O.  and  him  there  fafely  to  keep  fw  fhe  fpace  cf  three  months ^ 
luithout  bail  or  mainprrfe ',  and  for  your  fo  doing  this  Jhull  be  \our 
fufficient  nuarrnnt.      Given  u/'d^r  my  hand  and  feal  the  \ 

day  of . 

L.     Mittimus  for  carry iijg  a  gun ;  on  the  33  H.  S. 
€.  6.  from  I^/lr.  Dalton. 

f  To  the  keeper  of  his  majefly's  gaol  at in 

Wertmorland.-<    the  county  of aforefaid,  and  to  his  deputy 

{^    or  deputies  there,  and  to  every  of  them. 

FORASMUCH   as   this  prefent  day,    A.   I.    of yeo- 
man, and  B.  I.   of yeoman,  did  arrefi  and  bring  be- 
fore me  at in  the  faid  county,  one  A.  O.  late  of  in 

the  faid  county,,  t  ay  lor,  wfhom  they  had  feen  and  found  the  fame 
day  (as  they  fa:d)  Jhooting  in  a  hand  gun,  charged  ivith  poivder 

and  hail  Jhot,  at  a  coney,  in  a  certain  place  in luitbm  the 

faid  county,  called contrary  to  the  lanxj  of  the  realm,    and 

thereupon  prayed  that  j'fice  might  be  done  in  that  hihalf :  /John 

Moore, 


(Same*  507 


Moore,  efqitlre,  hdng  the  next  jujlice  of  the  peace  in  the  fatd  county 

to   the  pluce  aforejaid,  did  then  at (tforefaid^   upon  the /aid 

requejl,  take  the  examination  of  the  faid  A.  O.  and  did  afo  then 
and  there  hiar  the  proofs  of  th^m  the  faid  A.  I.  and  B.  I.  touching 
.the  faid  offence  ;  And  for  that  it  did  thtn  man'fcfily  appear  unto 
mtf  as  11- ell  by  the  ti.'Jii>nonict  of  them  the  fid  A..  I.  and  Q.  I.  as 
alfo  by  the  plain  conffjion  cf  him  the  faid  A.  O.  that  he  the  faid 
A.  O.  had  not  then  lands,  tenements,  fees,  annuities  or  offices,  to 
the  yearly  'value  cf  an  hundred  pounds,  and  that  he  had  /hot  in  the 
faid  hand  gun  in  manner  and  form  as  is  aforefaid:  I  do  fetid  you 
her eivi thai  the  bodf  of  him  the  faid  A.  O.  as  latvfully  conviiled 
of  the  faid  offence  before  tne^  requiring  you  in  his  majcftys  name^ 
to  receive  him  into  your  faid  gaol,  and  him  there  fafely  to  keep, 
until  he  fhall  ha^ve  truly  paid  the  pain  and  forfeiture  of  lol.  of 
latvful  money  of  Great  Britain,  laid  upcn  him  for  hii  [aid  offence 
by  the  fiatute  made  in  the  three  and  thirtieth  year  of  the  reign 
of  King  Henry  the  eighth  ;  that  is  to  fay,  the  one  moiity  thereof  to 
our  fo'vereign  lard  the  kirg,  and  the  other  moiety  to  them  the  faid 
A.I.  and  B.  I.  the  fir f,  b  ringers  of  him  before  me.  And  this  fhall 
be  your  fuffxicnt  ^warrant  in  this  behalf  Hereof  fail  you  not, 
as  you  'will  an  fiver  fr  your  contempt  at  your  peril.  Given  under 
my  band  and  feal  at  '■■  aforefaid,  in  the  county  rforefaid, 
the  '  day  of in  the year  cf  the  reign  of , 

M.     Record  of  the  convidlion  for  carrying  a  gun ; 
on  the  33  H.  8.  c.  6.  from  Mr.  Dalian. 

Weftmorland.  T^  E  //  remembred,  that  on  the dy  of 

_(3    "^  fbe year  of  the  reign  of A.I. 

of-    •  •  •      yeoman,    and  B.  I.   cf yeoman,    one  A.   O.  late 

of in  the  county  aforefaid,  taylor,  found  andfiiv,   at  • 

in  the  county  aforefaid,  the  day  and  year  aforefaid,  tvith  a  hand 
gun  charged  ijuith  gunpoiuder  and  leaden  hail  Jkot,  jhooling  and 
difcharging  the  faid  gun,  at  a  certain  coney  then  being  in  a  cer- 
tain place  there,  called againfl  the  form  cf  the  fatute  in 

that  cafe  made  and   prcvided ;    and   therefore,    the    day  and  year 

aforefaid,  him  the  faid  A.  O.  at aforefaid,  they  did  arrefi, 

and  at  — — —  aforefaid  before  me ef quire,  one  (and  next 

unto  the  faid  place  called  • )  of  the  jujiices  of  our  faid 

lord  the  king,  affgned  to  keep  the  peace  in  the  Jaid  county,  and  alfo 
to  hear  and  determine  divers  trefpaffes  and  other  mifdemeanors  in 
the  fame  county  committed,  then  iiuith  them  did  bring,  requefiing 
thereupon  juf  ice  to  be  done;  ivhich  requefi  being  heard,  I  the  faid 
J.  P.  at aforefaid,  the  day  and  year  aforefaid,  duly  there- 
upon ha've  examined  the  aforefaid  A.  O.  at  •  aforefaid,  and 
the  proofs  of  the  aforefaid  A.  I  and  B.  I.  in  this  behalf  ha've 
taken :   And  becaufe  that  as  ivell  'by  the  proofs  aforefaid,  as  by  the 

confeffion  of  him  the  faid  A.   O.   at  aforefaid,    then  and 

there  it  hath  appeared  to  me  maniffly,  that  the  afore /aid  A.  O. 

ot aforefaid,    'vchen  he  had  not  in  his  cvjn  right,    nor  in 

the  right  of  his  'wife,  to  his  o=wn  ufe,  nor  any  other  to  the  ufe  cf 
the  faid  A.  O,  had  latids,  tenements,  fees,  annuities  or  off  as   i» 

the 

\ 


o8  (5(imt 

the  fearly  value  of  one  hundred  pounds,  in  the  hand  gun  aforefaid ^ 
in  manner  and  form  afortfaid,  did  Jhoot,  againji  the  form  of  the 
jiatute  afore/aid;  I  the  /aid  ].  P.  the  aforenamed  A.  O.  at  — — . 
aforefaid,  the  day  and  year  aforcfaid,  to  the  next  gaol  of  our  faid 
lord  the  king,  at  — — — —  in  the  county  afore/nid  (of  the  trejpafs 
aforefaid  before  me  con'vi^lcd)  ha've  commit  ted,  there  to  remain  until 
the  -penalty  and  forfeiture  of  lol.  of  laivful  money  of  Great  Bri- 
tain, he  Jhall  truly  pay  or  caufe  to  be  paid,  to  ivit,  one  moiety  there- 
of  to  our  faid  lord  the  king,  a?.'d  the  other  moiety  thereof  to  the  faid 
A.  I.  and  B.  I.  the  firfl  bringen  of  the  faid  A.  O.  before  me  as  is 
aforefaid.      In  'witnrfs   of  all  niihich,  I  the  aforefaid  J.  P.  /o  theft 

prefents  hanje  put  my  feal.     Gi'ven  at       aforefaid^  the  day 

and  year  firfl  above  'written. 

N.  Convidlion  for  killing  deer,  from  'Tremaine's 
entries^  328,  329.  which  convidion  was  on 
the  13  C.  2.  c.  10.  but  is  here  altered  to 
grounds  inclofed,  to  bring  the  offence  within 
the  3  J'F.  c.  10.  which  is  done  by  the  addi- 
tion only  of  that  fingle  word  [inclofed^  with 
the  alteration  of  the  penalty. 

Cumberland.  "13  ^  '^  remcmhrcd,  that  on  the  third  day  of  Sep 


BE  it  remcmhrcd,   that  on  the  third  day  of  Sep- '   'fl 
tember  in   the  year   of  the   reign    of   our  lord     'S 
cond  new  king  of  Sec.  the  thirty  fecond,  one  Benjamin      ^ 


Charles  the  fecond  no'w  king  of  See.  the  thirty  fecond,  one  Benjamin 
Granger  of  •  gentleman,  com  ih   before  mc  John  Agliouby, 

cfquire,  one  of  the  juflices  of  our  faid  lord  the  ki>rg,  afjigncd  to  ktcp 
the  peace  of  our  faid  lord  the  king  in  the  faid  county  of  C.  at  G.  in 
the  fame  county,  and  gi'veth  me  to  underftand  and  he  informed,   that 

one  James  Dobfon,  late  of J.  B.  late  of and  L.  M. 

late  of on  the  z^th  day  of  Auguft  in  the  year  of  the  reign 

cf  our  faid  lord  the  nonu  king,  the  32d  afrcfnd,  in  a'  certain  park 
then  of  the  mojl  noble  Henry  duke  of  Norfolk,  called  Grayftock  ^ 
park,  in  the  parifi  of  Gxzy'ko'fg.,  in  the  faid  county,  then  and  long 
bfore  ami  yet  being  ground  inclf  d,  ivherein  deer  then  'were  and 
long  before  had  been  ufually  kept,  unlaivfully  hunted,  and  a  certain 
fallonju  deer  of  the  faid  duke  then  in  the  fame  park  killed,  took,  and 
carried  a'way,  ivithojtt  the  confrnt  of  the  faid  duke  then  o~Mncr  cf 
the  faid  park,  or  of  Andrew  Huddlefton,  efquire,  then  being  chiefy 
iniri/fied  ivitb  the  cuflody  of  the  fame  park,  againft  the  form  of  the 
flatiite  in  fuch  cafe  made  and  provided:  And  aftcrik^ards,  to  ivit,  on 
the  aforefaid  third  day  of  September  in  the  ;^2d  year  rfcrefaict,  fwo 
credible  ivitneffes,  that  is  to  fay,  J.  H.  of————  end  T.  B.  of 
-  come  before  me  the  faid  jujiice  affigned  Sec.   at  G-  aforefaid^ 

xtnd  before  me  the  faid  juf  ice  affigned  &c.  upon  their  oath  on  the 
hcly  gofpel  of  god  to  them  then  and  there  by  me  the  aforefiid  jufice 
affigned  Sec.  by  the  authority  of  the  Jlntnte  aforefaid  adminiftrcd  and 
gi'ven,  do  drpofe,  f-juear,  and  fay,  and  each  of  them  doth  depofcy 
fivear,  and  fay,  upon  their  oath  aforefaid,  that  the  aforefaid  J.  D. 
j.  B.  und  L.  M.  on  the  aforefaid  25tb  fdy  of  Auguft  in  tlj>e  32d 

year 


J 


<Bamt]  509 


jear  aforefaid,  in  the  afore/aid  park  and  ground  inclofei^  of  the 
afortfaid  duke  of  Norfolk,  in  the  parijh  cj  Giayftock  oforefaid^ 
ttnla^ifully  hunted,  and  the  cforefaid  falknv  deer  of  him  the  /aid 
duke,  then  in  the  faid  park  and  ground  incloftd,  took,  killed,  and 
carried  aivay,  'withcttt  the  conftnt  of  the  fame  duke  then  oivner  of 
the  Jaid  park  and  ground  inclofed,  or  of  the  aforefaid  A.  H.  efquire^ 
then  ivith  the  cujlody  of  the  fame  park  and  ground  inclofd  as  is  afore- 
faid  chilly  intrufted.  /^nd  thereupon  they  the  aforefaid  ^.  D.  J.  B. 
and  L.  M.  on  the  faid  3d  d^y  of  September  in  the  3 2d  year  afore- 
faid, htfore  me  the  faid  juji ice  afjigned  Scc.  by  the  oath  of  tujo  cre- 
dible ixitnrjfes  aforefaid,  according  to  the  form  of  the  Jiatute  afore- 
faid, are,  attd  e-very  of  them  is,  con'viSied.  And  for  the  off t nee 
aforefid,  e'very  of  them  the  aforefaid  J.  D.  J.  B.  a7td  L.  M.  ac- 
cording to  the  form  cf  the  fiatute  aforefaid,  h.th  federally  forfeited 
the  fum  of  30 1.  one  third  part  thereof  to  the  aforefaid  R.  G.  the 
informer  in  this  behalf  as  is  aforefaid,  another  third  part  thereof 
to  the  ufe  of  the  poor  of  the  faid  parijh  of  G.  ivithin  n.vhich  parifh 
the  offince  cforefaid iv as  committed,  and  the  other  third  part  there- 
of to  the  duke  aforefaid,  onvner  of  the  deer  aforefaid.  In  ivitnefs 
muhcreof  1  the  aforefaid  juf  ice  to  this  prrfnt  record  of  the  connnFtion. 
as  aforefaid,  hwve  ft  my  hand  and  feal,  at  G.  aforefaid,  on  the  day 
and  year  frfl  abovementianed. 

John  Aglionby. 

O.     Warrant  of  diftrefs   for   hunting  and   killing 
deer;   on  the  3  W.  c.  10.  /.  2. 


Weftmorland.  <  To 


WHEREAS  A.  O.  ./ > yeoman,  is  this  dy  duly 
con'vi Bed  before  ?n  J.  P.  efquire,  one  of  his  majefy  s  juftices 
cffigned  to  the  keep  the  peace  in  the  faid  county,  and  alfo  to  hear  and 
determine  di-vers  trefpcff.s  and  other  mifdtmtaMors  in  the  fid  county 
committed,  by   the   oath  cf  h.   W.   of  ■  yeoman,  a   credible 

Kvitnfs,  for  that  he  the  faid  A.  O.  on  the '—  d.y  of i 

in  the year  cf in  a  certain  park,  then  of  Sir  P.  M. 

baronet,   in  the  parijh  of in  the  fnd  county,  then  and  long 

before  and  yet  bting  ground  in-  If  d,  'vuherdn  dter  then  <uicre  and  long 
bifore  had  betn  ulually  kept,  unlaivfuHy  did  huvt,  and  a  certain  fal- 
lo'UJ  deer  cf  the  faid  Sir  P.  M.  baronet,  then  in  the  fame  park 
did  kill,  take,  and  carry  a^way,  njcithout  the  confent  of  the  faid  Sir 
P.  M.  baronet,  then  oivncr  of  the  faid  park,  or  of  any  other  per- 
fcn  then  chief y  intrufted  luith  the  cufiody  of  the  fame  park,  againfi 
the  form  of  the  fiatute  in  fuch  cafe  made  and  provided',  by  reafon 
ivhereof  he  the  fsdd  A.  O.  hath  f:: filed  th,  fum  cf  30  1.  of 
lanvful  money  of  Great  Britain,  to  be  difrihutcd  as  herein  cfter  is 
mentioned : 

Thcfe  are  therefore  in  his  faid  majef\  "s  name  to  command  ycu  to 

hvy  the  faid  fum  by  difirefs  of  the  goods  and  chattels  rf  him  the  faid 

A.  O.      Jnd  if  ivithin  the  f pace  of  {_fx'\  days  iiext  after  fuch  di- 

I  frefs 


5IO  dEfame. 


jirefs  by  you  taken,  the  faid  fum  of  ■^ol.  together  tcifh  reofmahh 
charges  of  taking  ar.d  keeping  the  [aid  dijlrefs,  Jhall  not  be  faid^ 
that  then  you  do  fell  the  fnid  goods  and  chattels  fo  by  you  dijirained  at 
aforefaid ;  and  out  of  the  money  arijlng  hyfuch  fulc,  that  you  do  paf 
one  third  part  of  the  faid  fum  of  -i^oX.  to  h.\.  of' in  the 

faid  county,  yeoman,  nvho  informed  me  cf  the  faid  offence  ;  and  ont 
third  part  unto  the  church-wardens  or  O'verfeers  of  the  poor  of  tht 

faid  par  i/h  of- for  the  ufe  of  the  poor  of  the  fxid  parijh,  and 

the  other  third  part  to  the  faid  ————-  cwner  of  the  faid  deer ; 
returning  to  him  the  fid  A.  O.  the  overt  lus  upon  demand,  the  rea- 

fonahle  charges  of  taking,  keeping,  and  felling  the  faid  dijirefs  being 

frji  deducted.  And  if  fuficicnt  dijirefs  cannot  be  had  or  found,  bj 
and  on  ivhich  the  faid  fum  c/"  30I.  may  be  leiiied,  you  are  hereby 
required  to  certify  the  fame  to  me,  ii'ithin  t^jco  days  after  the  date  of 
this  prefent  tvarrant.      Gi'vcn  under  my  hand  and  fen  I,   at  ■ 

in  the  county  aforefaid,  the •  ■—    day  of in  the  • 

jear  of  the  reign  of         •    -  . 

P.     Commitment  for  want  of  diftrefs,  for  hunting 
and  killing  deer^  on  the  3  ^.  c.  10.  /  2. 


I 

I 


f  To  the  confiable  of in  the  faid  county, 

and   to  the  keeper  of  the  common  gaol   at 
Weftmorland.  -^      •'     •         in  the  faid  county,  and  to  the  chief 
officer  of  the  market  town  of———  in  the 
lid  county,  and  to  every  of  them. 


C  Lott 
\      anc 

/      offi 
i_     faic 


w 


HEREAS    A.  O.    of- labourer,    nvas   en   the 

■  ■  day  of  •      duly  coni-iFicd  before  me  J.  P. 

efquire,  one  cf  his  niajtfiys  jufices  ajfjned  to  keep  the  peace  in  the 
faid  county,  and  alfo  to  hear  and  determine  di'vers  felonies,  trefpaffes^ 
and  other  mifdcmeanors  in  the  faid  county  committed,  by  the  oath  of 

A.  W,  of -^yeoman,  a  credible  ivitnefs,  for  that  he  the  faid 

A.  O.  on  the day  of in  the -year  ■■ 

in  a  certain  park  thin  cj efquire,   in  the  parijh  of 

in  the  fiid  county,  then  and  long  before  a^id  yet  being  ground  inclofed 
'zvherein  d>er  then  ^Mcre  atid  long  before  had  been  nfually  kept,  un- 
laiifully  did  hunt,  and  a  certain  fallonv  deer  cf  the  faid 
efquire,   then  in  the  fame  park  did  kill,   take  and  carry  aivay,  ivith- 

eut  the  confint  cf  the  faid then  oivner  rf  the  faid  park,  or 

of  any  other  perfon  then  chiefiy  intnijled  ixsith  the  cujiody  of  the  fame 
park,  againji  the  form  of  the  ftatute  in  Juch  cafe  made  and  pro- 
*vidcd;  by  reafon  ivhereof  he  the  faid  A .  O,  hath  forfeited  the  fum 
0/"  50I.   of  good  and  laivful  money  of  Great  Britain  j  And  ivhereas 

on  the  faid day  of in  the  year  cf  ore  faid,   1  did  iffue 

my  ivarrant  to  the  conjlablc  of to  levy  the  faid  fum  of  ^o\. 

By  dijirefs  of  the  goods  and  chattels  of  him  the  J  aid  A.  O,  and  to 
pay  over  the  faid  fum  <?/"  30 1,  according  as  is  dircSfed  by  the  ftatute 
aforefaid;   And  ivhereas  it  duly  appears  to  7ne,   as  ivcll  on  the  oath 

of  the  faid  conftable  of as  otherniife,  that  he  the  faid  con' 

fable  of hath  ufed  his  beft  endeavours  to  Iciy  the  faiJ  fum 

2  "f 


I 


«jr  30I.  OK  the  gmds  and  chattels  ef  the  faid  A.  O.  as  aforefald, 
iut  that  no  fuffcient  diflrifs  can  be  Jound  ivhereon  to  leniy  the  fame  : 
therefore  in  purfuance  of  the  fatute  aforefaid,  I  do  hereby  ccmmand 

you  the  fad  confiahle  of him  the  faid  A.  O.   to  apprehend 

and  fafely  to  convey  to  the  faid  common  gaol  at afonfiid  in 

the  county  aforifaid,  and  him  to  deli^ver  to  the  keeper  thereof  afort' 
faid,  together  luith  this  precept ;  And  I  do  hereby  command  you  the 
faid  keeper  of  the  gaol  aforefaid,  to  receinje  into  your  cuflody  in  the 
faid  gaol  him  the  faid  h.  O.  and  him  there  ffely  to  keep  for  the  fpace 
of  one  nvhole  year  noiu  next  enfuing ;  faming  that  ^within  the  faid 
year  you  deliver  him  the  faid  A.  O.  to  the  chief  officer  of  •  ■ 
being  the  next  market  toivn  next  adjoining  to  the  place  nuhere  the 
faid  offence  'was  cofnmitttd,  or  to  his  under  officer  cr  offcers,  together 
icith  this  pr-eceptf  nuho  are  hereby  refpeiilfely  required  to  fet  the  faid 
A.  O.  in  the  pillory  in  the  faid  market  touon  by  the  fpace  of  one 
hour  on  fme  market  day.  And  hereof  fail  not,  as  you  ivill  refpec- 
tively  anf^wer  the  fame  at  your  perils.  Gi'ven  wider  my  hand  and 
feal,  at  ■  in  the  faid  county,  the  •    —  -■  day  of  •  tJt 

ihe  year  •   »  . 

Q^    Warrant  to  fearch  for  venlfon  or  Ikins;  on  the 
3  fF,  c.  10.  /  3. 


Weftmorland.  \  To  the  conftable  of  ■ 


WHEREAS  A.  I.   of  in  the  faid  county,  yeoman, 

hath  this  day  made  oath  before  me  J.  P.  ef^uire,  one  of  his 
majef}y''s  juflices  of  the  peace  in  and  for  the  fad  county,  that  di'vers 
fallo-TAJ  deer  ha've  of  late  been  unlati fully  killed  in,  and  taken  and 

carried  anuay  from  the  park  and  ground  incloftd  of <  at        ■    ■ 

in  the  faid  county,  and  that  he  the  faid  A.  I.  hath  juji  caufe  ta 
fufped,  and  doth  fufpeSl,  that  venifon  or  the  fkins  of  d:er,  or  toyls 
nvhereby  to  take  and  kill  deer,  are  concealed  in  the  houfes,  outhoufes, 
or  other  places  belonging  to  the  faid  houfes  of  A.O.  of yeo- 
man, and  B.  O.   of'             'yeoman,  at aforefaid  in  the 

county  aforefaid :  Thefe  are  therefore  in  his  faid  majefiys  name,  and 
by  'virtue  of  the  fatute  in  that  cafe  made  and  pro-vidtd,  to  require 
you  that  you  do  forthvjith  upon  fight  hereof,  enter  into  and  fearch  the 
faid  houfes,  outhoufes,  and  other  places  belonging  to  the  faid  houfes, 

of  them  the  faid  A.  O,   and  B.  O,   at aforefaid;    and  if 

on  fuch  fearch  you  fhall  there  find  any  'vcnifon,  or  fkin  of  any  deer^ 
or  toyls  aforefaid,  that  you  do  apprehend  the  perfon  or  perfons,  in 
luhofe  houfes,  outhoufes,  or  other  places  aforefaid,  fuch  'vcnifon,  fkitty 
cr  toyls  fhall  be  found,  and  hitn  or  them  fo  apprehended  do  carry  before 
fome  of  his  faid  majefiy''s  jufiices  of  the  peace  in  and  for  the  find  county^ 
to  be  examined  concerning  the  pre7nijjts,  and  further  dealt  nvithal 

according  to  lanv.     Given  under  my  hand  and  feal,  the  ■ day 

^f  • ^  tK  the  jjear  •  . 


^aim'iij. 


^ 

s 
N 


0aiU!rt5. 


earning,,  tan  ^"  "\yf"  ^-  ^^^^"^  %s,  that  playing  at  carJs  and  dice,  and  the 
offence  at  com-  jLVI.  J'kc,  are  not  prohibited  by  the  common  law ;  neithef 
xnon  law.  are  they  malum  in  /?,  of  their  own  natures,  but  only  piohibited  by 

ftatute.     Dalt.  c.  46. 
Gaming  houfe  a       2.   But  it  hath  been  faid,  that  all  common  gaming  houfes  arc 
nuiance.  nufances  in  the  eye  of  the  law,  as  being  great  temptations  to  idle- 

nefs,   and  apt  to  draw   together  numbers  of  diforderly  perfons. 
I  Ha'vs.  198. 
Oaming  houfes         3-  By  the  ftatute  of  the  33  H.  8.  c.  9.  No  perfon  fhall  for  his 
prohibited  by  the  gain,  lucre,  or  living,  keep  any  common  houfe,  alley,  or  place 
33  ^'  2.  of  bowling,  coyting,  cloyfh  cayls,  half  bowl,  tennis,  dicing   ta- 

ble, or  carding,  or  any  unlawful  game;  on  pain  of  40 j.  a  day, 
/.  II. 

But  it  was  refolved  upon  this  daufe,  in  the  third  year  of  y.  i . 
that  if  the  guefts  in  an  inn  or  tavern,  call  for  a  pair  of  dice  or  ta- 
bles, and  for  their  recreation  play  with  them,  or  if  any  neighbours 
play  at  bowls  for  their  recreation,  or  the  like,  thefe  are  not  within 
this  ftatute  ;  for  altho'  the  games  be  ufed  in  any  inn,  tavern,  or 
other  houfe,  yet  if  the  houfe  be  not  kept  for  gaiming,  lucre,  or 
gain,  but  they  play  only  for  recreation,  and  for  no  gain  to  the 
owner  of  the  houfe,  this  is  not  within  the  ftatute,  nor  is  fuch  per- 
fon that  plays  in  fuch  houfe  that  is  not  kept  for  lucre  or  gain,  with- 
in  the  penalty  of  that  law.     Dalt.  c.  46. 

And  moreover,  by  the  fame  ftatute  it  is  further  enabled,  fhat 
every  perfon  ufing  and  haunting  any  the  faid  houfes  and  plays,  and 
there  playing,  ftiall  forfeit  6/.  8^.      33  H.  8.  c.  9.  /  12. 

And  all  and  every  juftices  of  the  peace,  mayors,  IherifFs,  and 
other  head  officers,  may  enter  all  fuch  houfes  and  places,  where 
fuch  games  fhall  be  fufpefted  to  be  holden  ;  and  as  well  the  keepers 
of  the  fame,  as  alio  the  perfons  there  reforting  and  playing,  may 
take,  arreft,  and  imprifon,  and  keep  in  prifon,  until  the  faid 
keepers  have  found  f*reties  to  the  knig's  ufe,  to  be  bound  by  re- 
cognizance or  otherwife,  no  longer  to  ufe,  keep,  or  occupy  any 
fuch  houfe,  play,  game,  alley,  or  place  ;  and  alfo  that  the  per- 
fons there  fo  found,  be  in  like  cafe  bound  by  themfelves,  or  with 
fureties,  no  more  to  play,  haunt,  or  exercHe  from  thenceforth, 
in,  at,  or  to  any  of  the  faid  places,  or  at  any  of  the  faid  games. 
id.  /.  14. 

And  the  mayors,  {herifFs,  bailiiTs,  ccnftables,  and  other  head 
officers  within  every  city,  borough,  or  town,  fhall  make  due 
fearch  weekly,  or  a:  the  fai  theft  once  a  month,  in  all  places  where 
any  fuch  houfes  or  places  fhall  be  fufpe(i:led  to  be  kept;  and  if 
they  fhall  rot  make  fuch  fearch  at  the  furtheft  once  a  nnonth,  if 
the  cafe  fo  require,  every  fuch  perfon  offending  fhall  forfeit  4c  1. 
for  each  month,     id./.  15. 

And  by  the  fame  3*51,  no  manner  of  artificer,  har.dicrafirman, 
h'jfhoi.dman,  apprentice,  kboarfr,  fervan:  at  hufk;r.d;>,  journey- 
fir:  ^n. 


1 


(BaminSi  51  z 


man,  or  fervant  of  artificer,  mariners,  filhermen,  watermen,  or  any 
ferving  man,  fliall  play  at  the  rabies,  tennis,  dice,  cards,  bowls, 
clafh  coyting,  legating,  or  any  otht-r  unlawful  game,  out  of 
Chrifimas,  on  pain  of  20  j.  and  in  Cbrijlmas  to  play  at  the  faid 
games  only  in  tlicir  mafters  houfes,  or  in  their  mailers  prefencej 
rnd  alfo  no  pcrfon  fliall  at  any  time  play  at  bowh  in  open  places 
oiit  of  his  garden  or  orchard,  on  pain  of  bs.  %d.     id.  f.  16. 

fJut  any  mailer  may  licenie  his  fcrvant  to  play  at  cards,  dice,  or 
tables  with  himfelf,  or  with  any  other  gentleman  openly  m  his 
hcufe,  or  in  hio  prefence.     id.  f.  zz. 

And  any  nobleman,  or  other  pcrfon  having  100/.  a  year,  may 
command  or  licenie  his  fervants,  or  family  of  his  houfe,  to  play 
within  the  precinft  of  his  houfe,  garden,  or  orchard,  at  cardsj 
dice,  tables,  bowls,  or  tennis,  as  well  amongft  themfelves,  as 
others  repairing  to  the  fame  houfe.     id.  f.  z^. 

And  all  jullices  of  the  peace,  mayors,  baililFs,  ftierifFs,  and 
other  head  ofHcers,  and  every  of  them,  finding  or  kno'-Lving  any 
perfon  ufing  unlawful  games,  contrary  to  this  aft,  may  commie 
every  fuch  ofiender  to  ward,  there  to  remain  without  bail  or  main- 
j  rile,  till  he  be  bound  by  obligation  to  the  king's  ufe,  in  fuch  fum 
a";  by  the  difcretion  of  the  faid  juftices  or  other  fuch  officers  lliall 
be  thought  reafonable,  that  they  Ihall  not  from  thenceforth  ufe 
facli  unlawful  games,     id.  f.  16. 

And  by  the  2  G.  2.  c.  z8.  Where  it  fliall  he  prcved  o?i  the  oath 
of-  t-xvo  ".viinr.JJcs  before  any  juflice  of  the  peace,  as  well  as  where 
he  fhall  find  upon  his  own  view,  that  any  perfon  hath  ufed  any 
unlawful  game  contrary  to  the  faid  Itatute,  the  faid  jaftice  fhall 
have  power  to  commit  him  to  prifon  wiihoat  bail,  unlefs  and  un- 
til he  fliall  enter  into  recognizance,  with  fureties  or  without  at  the 
difcretion  of  the  juftice,  that  he  (hall  not  from  thenceforth  play  at 
or  ufe  fuch  unlawful  game.    /  9. 

And  where  any  the  forfeitures  abovementioned  (hall  be  found 
within  the  precincts  of  any  leet,  the  lord  fnall  have  one  half,  and 
the  other  half  fhall  be  to  him  that  fnall  fue  in  any  of  the  king's 
courts :  and  elfevvhere,  they  fhall  be  half  to  the  king,  and  half  to 
him  that  fhall  fue  in  like  manner.      33  //.  8.  c.  9.  /  18. 

But  by  the  31  El.  c.  5.  All  fuits  to  be  parfued  upon  any  flatute 
(that  is,  any  ftatute  then  in  force)  for  ufmg  any  unlawful  game^ 
fhall  be  fued  and  profecuted,  or  otherwife  heard  and  determined, 
in  the  general  quarter  felfions  or  alTizes  of  the  county  where  the  of- 
fence fhali  be  committed,  or  in  the  leet  within  which  it  fhall  hap- 
pen, and  not  in  any  wife  out  of  the  county,    f.  7. 

And  no  privilege  of  parliament  (hall  be  allowed  to  any  perfon^ 
againfl:  whom  a  profecution  (hall  be  commenced,  for  keeping  any 
common  gaming  houfe,  or  place  for  playing  at  any  prohibited 
game.     18  G.  2.  c.  34.  /  7, 

4.  By  the  25  G.  2.   c  36.  any  houfe,  room,  garden,  or  other  Gaming  howfi 
place,  kept  for  publick  dancing,  mufick,  or  other  entertainment  ^^'^''j" '''°"^'"^i 
of  the  l:ke  kind,  in  LoKd:ii,  or  within  20  miles  thereof,  without  ^J'.  "'^ 
licence  as  hereafter  following  (except  the  theatres  of  Drwy-Lane, 
Co-jcnt  Garde?:,  the  Hay-Market,  and  other  entertainments  exer- 
cifed  hy  lettcs  patejits  or  licence  of  the  crown,  or  of  the  lord 

V  o  L.  h  LI  chamberlain) 


514  ©amt'ns. 


cliamberlain}  fhall  be  deemed  a  diforderly  houfe  or  place,  and  the 
keeper  thereof  fhall  forfeit  loo/.  with  full  cofts  to  him  who 
fhall  fue  (in  fix  months)  in  any  of  the  courts  at  Wejiminjler  And 
the  perfon  who  (hall  appear  to  ad  as  mafter,  or  as  having  the  ma- 
nagement of  fuch  diforderly  houfe,  (hall  be  deemed  the  keeper 
thereof 

Which  faid  licence  fhall  be  granted  at  the  laft  preceding  Mi- 
chaelmas fejTions,  and  fiiall  be  figned  and  fealed  by  four  juftices 
in  open  court,  and  afterwards  be  publickly  read  by  the  clerk  of 
the  peace,  with  the  names  of  the  juftices  fubfcribing  the  fame ; 
and  no  licence  fhall  be  granted  at  any  adjourned  fefTions ;  nor  fhall 
any  fee  be  taken  for  the  fame.  And  there  fhall  be  inferted  in 
fuch  licence,  and  made  conditions  thereof,  that  the  words  follow- 
ing fliall  be  affixed  in  large  capital  letters  over  the  door  or  en- 
trance of  every  fuch  licenfed  houfe  or  place,  miz.  Lirenfed  pur- 
Juant  to  aSi  of  parliament  of  the  fwcjity  fifth  cf  kir.g  George  the 
fecond \  zvidi  that  it  fhall  not  be  opened  before  five  in  the  afternoon. 
And  in  cafe  of  a  breach  of  either  of  the  faid  conditions,  the  li- 
cence fhall  be  forfeited,  and  revoked  by  the  juftices  at  the  next  fef- 
iions,  and  fhall  not  be  renevv'ed. 

And  to  encourage  profecutions  againfl  perfons  keeping  bawdy 
houfes,  gaming  houfes,  or  other  diforderly  houfes,  the  confl;able, 
'  on  notice  given  him  in  writing  by  any  two  inhabitants  of  the  pa- 
rifh,  paying  fcot  and  lot,  of  any  perfon  keeping  fuch  houfe,  fhall 
forthwith  go  with  them  to  a  juftice  of  the  peace ;  and  fhall  (on 
their  making  oath  that  they  believe  the  contents  of  fuch  notice  to 
be  true,  and  entring  into  a  recognizance  of  20  /.  each  to  produce 
evidence  of  the  offence, )  enter  into  a  recognizance  of  30/.  to 
profecute  with  efreft  fuch  perfon  at  the  next  fefTions  or  afTizes,  as 
to  the  juflice  fliall  feem  meet:  and  on  the  conftable  entring  into 
fuch  recognizance,  the  juflice  fhall  ifTue  his  warrant  for  bring'ing 
the  accufed  perfons  before  him,  and  fliall  bind  them  over  to  appear 
at  the  faid  fefTions  or  afTizes,  and  fhall  alfo,  if  he  thinks  fit,  demand 
and  take  furety  for  their  good  behaviour  in  the  mean  time. 

And  if  the  conftable  fhall  neg'.eft  or  refufe,  upon  fuch  notice, 
to  go  before  a  juftice,  or  to  enter  into  recognizance,  or  fhall  be 
wilfully  negligent  in  carrying  on  the  profecution,  he  fhall  forfeit 
20/.  to  e:ich  of  the  faid  inhabitants. 

And  on  trial,  any  perfon  may  give  evidence  againft  the  defen- 
,  dant,  norvvithftanding  his  being  aparifhioner,  or  having  entred  into 
fuch  recognizance. 

And  tne  conrtable  fhall  be  allowed  all  the  reafonable  expences 
of  the  profecution,  to  be  afcertained  by  two  juftices ;  and  fliall  be 
paid  the  fame  by  the  overfeers  of  the  poor:  and  if  fuch  perfon 
beconvifted,  the  overfeers  fliall  alfo  forthwith  pay  10/.  to  each 
of  fuch  inhabitants,  on  pain  of  forfeiting  double  to  the  faid 
perfons. 

And  no  indiflment  of  fuch  offence  fhall  be  removed  by  cer- 

tiorati. 

Lofing  lol.  at         5.  By  the  g  An.  c.  14.  Any  perfon  who  fhall  at  any  time  or 

""*  '■"■'«•  fitting,  by  playing  at   cards,  dice,  tables,  or  other  game  what- 

foever,  or  by  betting  on  the  fides  of  fuch  as  do  pUy,  lofe  to  any 

J  one 


^ne  or  more  perfons  {o  playing  or  betcing,  in  the  whole  the  fum 
or  value  of  lo/.  and  fhall  pay  or  deliver  the  fame,  or  any  part 
thereof;  the  perfon  fo  lofing  and  paying  or  delivering  the  fame,  fliall 
be  ac  liberty  in  three  months  to  fue  for  a»d  recover  the  fame  with 
cofts,  in  any  court  of  record:  and  if  he  fhall  not  fue  in  three 
months,  it  fhall  be  lawful  for  any  perfon  to  fue  for  and  recover 
the  fame  and  treble  value,  with  cofts  ;  half  to  fuch  perfon  who 
fhall  fue,  and  half  to  the  poor.    /.  2. 

And  every  perfon  who  ftiall  fo  be  liable  to  be  fued  for  the  fame, 
Ihall  be  obliged  and  compellable  to  anfwer  on  oath  fuch  bill  as  fhall 
be  preferred  againft  him,  for  difcovering  the  fum  of  money  or  other 
thing  fo  won.     9  J».  c.  14.  /.  3.      18  G.  2.  c.  34.  /  3. 

Or  other  game  ivhatfoe'ver'^  M.  1^  G.  z.  Goodburn  and  Mar- 
ley.  It  was  determined,  that  horfe  races  are  within  thefe  general 
words.     Sfr.  i  159. 

6.  And  by  the  18  G.  2.  c.  34.   ff  any  perfon  flisll  win  or  lofe  Lofing  lol.  at  a 
at  play,  or  by  betting,  at  one  time,  the  value  of  10/.  or  within  '^'""^'  ""^  ^ol-  "* 
the  fpace  of  24  hours  the  value  of  20  /.  he  fliall  be  liable  to  be  ^'^    °""* 
indidted  for  fuch  offence,  in  fix  months,  either  in  the  king's  bench 

or  at  the  affixes ;  and  being  convifted,  fhall  be  fined  five  times  the 
value  of  the  fum  wen  or  loft,  which  (after  fuch  charges  as  the 
court  fhall  judge  reafonable,  allowed  thereout  to  the  profecutor 
and  evidence)  fhall  go  to  tlie  poor.    /  8. 

And  if  any  offender  fhall  difcover  another  ofFender,  fo  that  he 
be  convidled,  the  difcoverer  fhall  be  difcharged  from  all  penalties 
by  reafon  of  fuch  offence,  if  not  befoie  convifted  thereof,  and 
fhall  be  admitted  as  an  evidence  to  prove  the  fame.    /.  9. 

But  nothing  in  this  a6l  fhall  repeal  the  aforefaid  adt  of  9  ^)i. 
id.  /.  1  o. 

7.  If  any  perfon  fhall  play  at  cards,  dice,  tables,  tennis,  bowls,  Lofing  above 
kittles,  fhovelboard,  or  any   other  paftime  or  game  whatfoever  100 1.  ac  a  ume. 
(other  than  for  ready  money)  or  bet  on  the  fides  of  fuch  as  iliall 

play,  and  fhall  lofe  any  fum  or  other  thing,  exceeding  100/.  at 
any  one  time  or  meeting,  upon  ticket,  or  credit,  or  otherwife, 
and  fhall  not  pay  down  the  fame  at  the  time  when  he  fliall  lofe 
the  fame;  in  fuch  cafe  he  fhall  not  be  bound  to  make  it  good, 
but  the  contract  for  the  fame,  and  for  every  part  thereof,  and  all 
affurances  and  fecurities  for  the  fame  fhall  be  void ;  and  che  win- 
ner ftiall  forfeit  treble  value  of  all  fuch  fums  as  he  fhall  fo  win 
above  100/.  half  to  the  king,  and  half  to  him  that  fhall  fue  jn 
one  year  in  the  courts  at  IVffiminJler,  with  treble  cofts.  16  C.  2. 
r.  7./3. 

8.  And  2I!  notes,  bills,  bonds,  judgments,  mortgages,  or  other  Securities  to  be 
fecurities,  where  the  whole  or  any  part  of  the  confideration  fhall  void. 

be  for  money  or  any  other  valuable  thing,  won  by  playing  at 
cards,  dice,  tables,  tennis,  bowls,  or  other  game  whatfoever ;  or 
by  betting  on  the  fides  of  fuch  as  do  game ;  or  for  the  reimburfing 
or  repaying  any  money  knowir.gly  lent  or  advanced,  at  the  time 
and  place  of  fuch  play,  to  any  perfon  fo  gaming  or  betting,  or 
that  fliail  (during  fuch  play)  fo  p'ay  or  bett, — fhall  be  void  :  And 
where  fuch  fecurities  ft^l  be  of  lands,  or  fuch  as  incumber  or  af- 

Ll  2  feit 


Si6 


>    dSaniing* 


Perfons  fufpefled 
ot  fupporting 
themfelves  by 
gaming. 


Chtating. 


fe£l  the  fame ;  they  (hall  enure  and  be  to  the  fo'e  ufe  and  benefit 
of,  and  devolve  upon  fach  pf rfon  as  might  have  fiich  lands,  in  cafe 
the  faid  grantor,  or  petfon  i'o  incumbting  the  fame,  had  been  dead: 
And  all  conveyances  to  hinder  them  from  devolving  on  fuch  pcr- 
fon,  fhall  be  void.     (^  J?i.  c.  14.  /  i. 

Sccuiilies]  11.  19  G.  2.  Borjeau  zxiAU'ainJIiy.  The  plaintiff 
and  defendant  gamed  together,  at  tofiing  up  for  five  gviineas  at  % 
time.  And  the  plaintiff  having  won  all  the  dclL^ndai'^L's  ready  mo- 
ney, lent  him  ten  guineas  at  a  time,  and  won  it,  till  the  defen- 
dant had  borrov/ed  i  20  guineas.  In  an  aftion  for  money  lent,  it 
was  infilled  for  the  defendant,  that  by  the  9  An.  c.  14.  the  plain- 
tiff could  maintain  no  adion ;  for  by  that  aft,  all  fecurities  for 
money  lent  to  game  with  fli-iU  be  void;  ard  the  borrowing  on  an 
agreement  to  pay,  is  a  Cuiirlty.  Bat  Lee  Ch.  J.  held,  that  this 
was  not  a  cafe  within  the  aft,  for  there  is  not  the  word  contraft^ 
as  in  the  ftatute  of  ufury ;  and  the  word  fccurities,  as  it  ftands  in 
this  aft,  muft  mean  lading  liens  upon  the  edate.  .The  parliament 
might  think  there  would  be  no  great  harm  in  a  parol  contraft, 
where  the  credit  was  not  like  to  run  very  high ;  and  therefore 
confined  the  aft  to  written  fecuriiies.  Wherefore  the  plaintiff  ob- 
tained a  verdift  for  i  26  /.     5/r.  1249. 

9.  And  any  two  juftices  may  caufe  to  come,  or  to  be  brought 
before  them,  every  perfon  whom  they  (hall  have  juft  caufe  to  fuf- 
peft  to  have  no  vifible  eilate,  profeffion,  or  calling,  to  maintain 
themfelves  by,  but  do  for  the  mofl  part  fupport  themfelves  by 
gaming ;  and  if  fach  perfon  Ihall  not  make  it  appear  to  the  faid 
juftices,  that  the  principal  part  of  his  expences  is  not  maintained 
by  gaming,  they  fliall  require  of  him  fufiicicnt  fecurities  for  his 
good  behaviour  for  i  2  months,  and  in  default  of  his  finding  fuch 
fecurities,  fliall  commit  him  to  the  common  gaol,  until  he  fliall 
find  fuch  fecurities  as  aforefaid.     9  An.  c.  \\.  f,  6. 

And  if  he  fliall,  during  the  time  for  which  he  flial!  be  bound,  at 
any  one  time  or  fitting,  play  or  bet  for  any  fums  or  other  thing  ex- 
ceeding in  the  whole  the  value  of  20  s,  fuch  playing  fliall  be  deem- 
ed a  forfeiture  of  the  rccogniz?nce.    /  7. 

10.  If  any  perfon  fliall  by  any  fraud,  unlawful  device,  or  other 
ill  praclice  in  paying  at  cards,  dice,  tables,  tennis,  bowls,  kittles, 
iliovelboard  ;  or  by  cockfightings,  horfc  races,  dog  matches,  foot 
races,  or  other  pallimes  or  games  j  or  by  bearing  a  fliare  in  the 
ilakes ;  or  by  betting  on  the  fides  of  fuch  as  lliall  play,  aft,  ride, 

orTun  as  aforefaid, ^win  any  fum  or  other  valuable  thing;  he 

fliall  forfeit  treble  the  value,  half  to  the  king,  and  half  to  the 
party  grieved  (if  he  fliall  fue  in  fix  months),  othervvife  to  any 
perfon  who  fliall  fue  in  one  year  next  after  the  faid  fix  months, 
in  any  of  "the  courts  at  Urjlmhjlcr,  with  treble  colls.  16  C,  2. 
c.  7./  2. 

And  by  the  9  An.  c.  14.  If  any  perfon  niall  by  any  fraud  or 
fhift,  coufcnage,  circumvention,  deceit,  or  unlawful  device,  or 
ill  pniftice  whatfoever,  in.  plr.ying  at  cards,  dice,  tables,  tennis, 
bowls,  or  any  the  games  aforefaid,  or  bear'ng  a  fliare  in  the  flakes, 
or  bct'.ing  on  the  fides  of  fuch  as  do  play,  win  any  fum  of  money 

or 


©aming*  s^7 


cr  other  valuable  thing,  and  fhall  be  conviL^cd  thereof  upon  in- 
diiRment  or  information ;  he  fliall  forfeit  five  times  the  value  of 
fuch  money  or  other  thing  fo  won,  and  fhall  be  deemed  infamous 
and  fufFer  fuch  corporal  piinifhment  as  in  cafes  of  wilful  perjury; 
and  fuch  penalty  to  be  recovered  by  fuch  perfon  as  Ihall  fue  for 
the  fame,  by  fuch  adlion  as  aforefiid.    f.  5. 

T.  9  G.  2.  K.  and  l.uchup.  The  defendant  was  conviifled  on 
an  information  upon  this  aft,  which  fays,  that  he  fliall  forfeit  five 
times  the  value,  to  be  recovered  by  a  common  informer,  upon 
conviftion.  And  it  was  moved,  that  a  fine  Ihould  be  fet  upon 
the  defendant,  if  he  refufed  to  fpeak  with  the  profecutor.  But 
by  the  court.  Ail  the  judgment  we  can  give  is,  that  h;  is  con- 
fvicled;  and  a  new  adlion  -muft  be  brought  upon  that  judgment  for 
the  forfeiture,  which  was  thought  fui^icient  to  deter  the  offenders. 
In  the  cal'e  of  recufancy,  there  is  no  other  judgment.  And  the 
defendant  was  difcharged,  without  any  fine  or  coils.     Str.  1048. 

1 1 .  And  for  the  preventing  fuch  quarrels  as  may  happen  on  Quarrelllnj. 
the  account  of  gaming  ;  if  any  perfon  fhall  aflault  and  beat,  or 
challenge  to  fighr,  any  other  perfon  whatfoever,  on  account  of 

any  money  won  by  gaming,  playing,  or  betting,  at  any  the  games 
aforefaid,  he  Ihall,  on  conviilion  thereof  by  indiftment  or  in- 
formation, forfeit  to  the  king  nil  his  goods  and  chattels  and  per-  . 
fonal  eftate  whatfoever,  and  (hall  alfo  fuffer  imprifonment  without 
bail  or  mainprife,  in  the  common  gaol  of  the  county  where  the 
convidion  (hall  be  had,  during  the  term  of  two  years.  9  An. 
f.  H./8. 

1 2.  It  is  generally  provided  by  the  feveral  ilatutes,  that  nothing  Royal  palaces 
therein  fhall  hinder  any  perfon  from  playing  at  any  the  games  e«sp'^^<^« 
aforefaid,  within  any  of  the  king's  royal  palaces,  where  he  fhall 

then  refide. 

I  3.  By  the  10  ^  11  IV.  c.  17.  All  lotteries  are  declared  to  be  Lott:ery,  a  nu- 
publick  nufances ;  and  all  grants,  patents,  and  licences  for  fuch  ^^""• 
lotteries,  to  be  againft  law,    f.  \. 

14,  No  perfon  fhall  expofe  to  be  played,  drawn,  or  thrown  at,  Keeping  orplsy- 
or  fliall  play,  draw,  or  throw  at  any  lottery,  either  by  dice,  lots,  '"^  at  a  lotaiy. 
cards,  balls,  or  any  other  numbers  or  figures,  or  any  other  way 
whatfoever:  and  every  perfon  who  fhall  expofe  to  be  played, 
drawn,  or  thrown  at,  any  fuch  lottery,  play,  or  device,  fhall  for- 
feit 5C0/.  one  third  to  tlie  king,  one  third  to  the  poor,  and  one 
third  with  double  pofts  to  him  that  fhall  fue  in  the  courts  at  IVeJl- 
mhjler\  and  the  offenders  fhall  likewife  be  profecutcd  as  common 
rogues,  according  to  the  flatutes  in  that  cafe  made  and  provided, 
lo^  1 1  W.  c.  17.  /  2. 

And  every  perfon  who  fhall  play,  throw,  or  draw  at  any  fuch 
lottery,  play,  or  device,  fhall  forfeit  20 /.  in  like  manner.    /.  3. 

And  all  juftices  of  the  peace,  mayors,  conftables,  and  other 
civil  officers  fhall  ufe  their  utmoll  endeavours  to  prevent  the  draw- 
ing of  any  fuch  unlawful  lottery,  by  all  lawful  ways  and  means ; 
and  e\'ery  perfon  who  fliall  fet  up,  or  by  writing  or  printing  pub- 
lifh  the  letting  up  any  fuch  unlawful  lottery,  with  intent  to  have 
(Uch  lottery  drawn,  fliall  forfeit  100/.  one  third  to  the  king,  one 

1-  1   3  third 


51 8  <5amins. 


third  to  the  poor,  and  one  third  with  full  cofts  to  him  who  /halt 
fup  in  the  courts  at  Weflminjier.  9  An,  c.  6.  f.  56. 
Infurances,  15.  Every  perfon  who  fhall  keep  any  office  Or  pUce,  for  making 
infurances  on  marriages,  births,  chriftnings,  or  fervice,  or  any 
other  office  or  place,  under  the  denominations  of  fales  of  gloves, 
fans,  cards,  numbers,  or  the  queen's  pidlure,  for  the  improve- 
ment of  fmall  fums  of  money,  fhall  forfeit  500/.  one  third  to  the 
king,  one  third  to  the  poor,  and  one  third  with  full  coils  to  him 
who  fhall  fue.  And  every  printer,  or  other  perfon,  who  ftiall  by 
writing  or  printing  publifti  the  fetting  up  or  keeping  any  fuch  of- 
fice or  place,  fliall  forfeit  100/.  in  like  manner.  xoAn.  c.  26. 
/  109. 
Sales  of  lands  or  1 6.  Every  perfon  who  (hall  keep  any  office  or  place,  under  the 
goods;  and  denomination  of  fales  of  houfes,  lands,  advowfons,  prefentations 
chaEces  in  pub-  jg  livings,  plate,  jewels,  fliips,  goods,  or  other  things,  for  the 
improvement  of  fmall  fums  of  money ;  or  fliall  fell  or  expofe  to 
fale  the  fame  or  any  of  them,  by  way  of  Ipttcry,  or  by  lots, 
tickets,  numbers,  or  figures ;  or  fliall  make,  print,  advertife,  or 
publifli  propofals  or  fchemes  for  advancing  fmall  fums  of  money 
by  feveral  perfon?,  amounting  in  the  whole  to  large  fums,  to  be 
divided  amorig  them  by  the  chances  of  the  prizes  in  fome  publick 
lottery  ;  or  fliall  deliver  out  tickets,  to  the  perfons  advancing  fuch 
fums,  to  intitle  them  to  a  fliare  of  the  money  fo  advanced,  ac- 
cording to  fuch  propofals  or  fchemes ;  or  fliall  make,  print,  or 
publifli,  any  propofal  or  icheme  of  the  like  nature,  under  any  de- 
nomination whatfoever,  ■ and  fliall  be  thereof  convided,  on 

oath  of  one  witnefs,  by  two  juftices  where  the  offence  fliall  be 
committed,  or  the  offender  fliall  be  found,  he  fliall,  over  and 
above  any  penalties  by  any  former  ad  made  againll  private  lotte- 
ries, forfeit  500/.  one  third  to  the  king,  one  third  to  the  in- 
former, and  one  third  to  the  poor,  to  be  levied  by  diftrefs  and 
fale  by  warrant  of  fuch  jufl;ices,  and  fliall  alfo  by  fuch  jullices  be 
committed  to  the  county  gaol  without  b^il  for  one  whole  year, 
and  from  thence  till  the  faid  fum  of  5C0/.  fliall  be  paid  :  Pro- 
vided that  perfons  aggrieved  may  appeal  to  the  next  quarter  {t(- 
fions.  And  every  perlon  who  fliall  be  adventurer  in,  or  any  way 
contribute  on  the  account  of  any  fuch  fales,  lotteries,  propofals, 
or  fchemes,  fnall  forfeit  double  the  fum  contributed,  with  cofls, 
half  to  the  king,  and  h;.lf  to  him  that  fliali  fue  in  the  courts  at 
Wejimmpr.      8  G.  c.  2.  /  36,  37. 

And  by  the  12  G.  2.  c.  28.  If  any  perfon  fhall  ered,  fet  up, 
continue,  or  keep,  any  office  or  place,  under  the  denomination  of 
a  fale  of  houfes,  lands,  advowfons,  prefentations  to  living.';,  plate, 
jewels,  fliips,  goods,  or  other  things,  by  way  of  lottery,  or  by 
lots,  tickets,  nun:ibers  or  figures,  cards  or  dice;  or  fliall  make, 
print,  advertife,  or  publifh  propofals  or  fchemes  for  advancing 
fmall  fums  by  feveral  perfons,  amounting  in  the  whole  to  large 
fums,  to  be  divided  omong  them  by  chances  of  the  prizes  in  fome 
publick  lottery  eftabliO-icd  by  ad  of  parliament,  or  fliall  deliver 
out  tickets  to  the  perfons  advancing  fuch  fums,  to  intide  them  to 
a  fliare  of  the  money  {o  advanced,  according  to  fuch  propofils  or 
fchemes ;  or  Ihall  expofe  to  fale  any  houfes,  lands,  advowfons, 

prefentatioiiSL 


« 


d^amt'ttg*  519 


prefentations  to  livings,  plate,  jewels,  fhips,  or  other  goods,  by 
any  game,  method,  or  device  whatfoever,  depending  upon,  or  to 
be  determined  by  any  lot  or  drawing,  whether  it  be  out  of  a  box 
or  wheel,  or  by  cards  or  dice,  or  by  any   machine,  engine,  or 

device  of  chance  of  any  kind  whatfoever; he  fhall,  on  con- 

vidtion  before  any  jurtice  of  the  peace  (or  mayor)  on  the  oath  of 
one  witnefs,  or  view  of  fuch  juftice,  or  confeflion,  forfeit  200/. 
by  diltrefs  and  fale,  by  warrant  of  one  juftice  of  the  county  or 
town  where  the  offence  fhall  be  committed  ;  which  faid  forfeiture 
(after  dedufting  reaibnable  charges  of  the  profecution)  fhall  go 
one  third  to  the  informer,  and  two  thirds  to  the  poor  of  the  parilh 
(except  in  Bath,  where  the  faid  two  thirds  Ihall  go  to  the  poor  of 
the  hofpital  there.)    /  i. 

And  if  the  offender  fhall  not  have  fufScient  goods,  whereon  to 
levy  the  penalties,  or  fhall  not  immediately  pay  or  give  fecurity 
for  the  fame;  the  juftice,  before  whom  he  fliall  be  convifted, 
may  commit  him  to  the  common  gaol,  not  exceeding  fix  months. 
/8. 

And  if  any  witnefs  fhall  neglect  or  refufe  to  appear,  upon  fum- 
mons,  or  fhall  refufe  to  give  evidence,  or  give  falfe  evidence ;  he 
fhall  forfeit  50/.  by  diftrefs,  by  warrant  of  theperfon  iffuing  fuch 
fummons ;  and  if  he  have  not  fufHcient  goods  whereon  to  levy  the 
50/.  he  fhall  be  committed  to  the  common  'gaol  for  fix  months. 
18  G.  2.  c.  34.  f  4. 

But  if  any  perfon  think  himfelf  aggrieved  by  the  judgment  of 
any  juftice  or  mayor,  he  may  appeal  to  the  next  feffions,  giving 
reafonable  notice  to  the  profecutor,  and  entring  into  a  recogni- 
zance before  fome  juftices  of  the  peace  where  the  conviflion  was 
made,  with  two  fureties,  on  condition  to  try  fuch  appeal  at  fuch 
next  fcflions.  And  if  the  conviction  fnall  be  affirmed,  the  party 
appealing  fhall  pay  to  the  profecutor  treble  cofts.     12  G.  2.  c.  28. 

/5- 

And  no  conviftion  fhall  be  quafhed  by  the  feffions  for  want  of 
form ;  nor  fhall  be  removed  by  certiorari,  till  after  determination 
in  the  feffions.     id.  f.  6. 

And  if  any  juftice,  or  mayor,  fhall  negleft  his  duty  herein  ; 
he  fliall  forfeit  10/.  with  full  cofts,  half  to  him  that  fhall  fue  in 
any  court  of  record  or  at  the  alFizes,  and  half  to  the  poor,     id, 

/9- 

Moreover,  every  fijch  fale  of  houfes,  lands,  advowfons,  pre- 
fentations, plate,  jewels,  fhips,  goods,  or  other  things,  by  any 
game,  lottery,  machine,  engine,  or  other  device,  depending  upon 
any  chance  or  lot,  Ihall  be  void  ;  and  the  fame  being  expoied  to 
fale  in  manner  aforef'aid,  fliall  be  forfeited  to  fuch  perfon  as  fhall 
fue  for  the  fame  in  any  court  of  record,  or  at  the  afTizcs.     id. 

And,  finally,  every  perfon  who  fliall  be  an  adventurer  in  any 
of  the  faid  games,  lotteries,  or  fales,  fhall  forfeit  50/.  in  like 
manner,     id.  f.  3. 

1 7.  The  games  of  ace  of  hearts,    faro,    baftet,    and   hazard,  Ace  of  hearts 
ihall  be  deemed  games  or  lotteries  by  cards  or  dice ;  and  every  J^'"'"'  ^'^''^t,  and 
perfon  who  fhall  let  up,  or  keep  thefe  games,  fhall  be  liable  to  all   ^^^  ' 

L  1  4.  the 


520  (5A\ninQ. 


the  abovementioned  penalties,  for  fetting  up  or  keeping  any  th« 
games  or  loueries  in  this  aft  mentioned.      12  G.  2.  c.  28.  /".  2. 

And  every  perfon  who  fhall  play,  fet  at,  flake,  or  punt  at  any 
of  the  faid  games,  fhall  forfeit  50/.  in  like  manner.    /.  3. 

faffrgc.  18.  Alio  the  game  of  paflage,  and  every  other  game  with  one 

or  more  die  or  dice,  or  with  any  other  inltrument,  engine,  or  de- 
vice in  the  nature  of  dice,  having  one  or  more  figures  or  numbers 
thereon  (back  gammon,  and  the  other  games  played  with  the 
back  gammon  tables,  only  excepted)  fhall  be  deemed  games  or 
lotteries  by  dice,  within  the  faid  aft  of  12  G.  2.  c.  28. —  i  3  G.  2. 
c.  19.  /  9. 

Rolypoly.  ig.  AJfo  by  the   18  G.  2.  c.  34.    No  perfon  fhall  keep  any 

ho'  fe,  room,  or  place  for  relaying,  or  fufFer  any  perfon  within 
filch  place,  to  piay  at  roly  'I'oly,  or  any  other  game  with  cards  or 
dice  already  prohibited  by  the  laws  of  this  realm  ;  and  if  any 
perfon  ihall  keep  fuch  houfe,  or  fufFer  any  perfon  to  play  at  roly 
poly,  or  other  game  with  c.rds  or  dice  prohibited  by  law,  he  (hall 
be  liable  to  the  ptrnaldes  and  profecution,  as  by  the  faid  aft  of  the 
13  G.  z-  <••  28  — 18  G-  2.  c,  34-  /  I- 

And  if  any  perfon  fhall  play  at  roly  poly,  or  any  game  with 
cards  or  dice  prohibited  by  law  ;  he  fhall  be  liable  to  the  penalties 
and  profecution,  as  by  the  faid  aft  of  the  12  G.  2. —  18G.  2. 

f-34/2- 
Foreign  lotteries.  20.  If  any  perfon  fhall,  by  colour  of  any  grant  from  any  fo- 
reign prince  or  iiate,  fet  up  any  lottery,  or  undertaking  in  the  na- 
ture of  a  lottery,  under  any  denomination  whatioever ;  or  fhall 
make,  piint,  or  publifli  any  propofal  for  any  fuch  lottery  or  un- 
dertaking; or  fhall  fell  or  d:fpofe  of  any  ticket  in  any  foreign  lot- 
tery; and  fhall  be  convided  thereof,  on  oath  of  one  witnefs,  be- 
fore two  jullices  where  the  oftence  fhall  be  committed,  or  the  of- 
fender fhall  be  found,  he  fhall,  over  and  above  any  penalties  by 
former  afts  againil  unlawful  lotteries,  forfeit  200/.  one  third  to 
the  king,  one  third  to  the  informer,  and  one  third  to  the  poor,  to 
be  levied  by  diftrefs  by  warrant  of  fuch  jullices ;  and  fhall  alio  by 
them  be  committed  to  the  common  gaol  for  one  year,  and  from 
thence  till  the  faid  fum  of  200/.  be  paid:  provided,  that  per- 
fons  aggrieved  may  appeal  to  the  next  quarter  fefhons.     9  G. 

f-i9/4.  5- 

And  by  the  6G.  2.  <-.  35.  If  any  perfon  fliall  fell,  procure,  ox 

deliver  any  ticket,  receipt,  chance,  or  number  in  any  foreign  or 
pretended  foreign  lottery,  or  in  any  clafs,  part,  or  divifion  there- 
of, or  in  any  undertaking  in  the  nature  of  a  lottery ;  or  fhall  fell, 
procure,  or  deliver  any  ticket,  receipt,  chance,  or  number  in  any 
duplicate  or  p-etended  duplicate  of  any  foreign  or  pretended  fo- 
reign lottery  ;  or  fhall  receive  any  money  for  any  fuch  ticket,  re- 
ceipt, chance,  or  number,  or  in  confideration  of  any  money  to  be 
repaid  in  cafe  any  ticket  or  number  in  any  foreign  or  prete;ided  fo>- 
Teign  lottery,  or  any  cbf?,  part,  or  divifion  thereof,  fhall  prove 
fortunate;  and  fhall  be  convifted  thereof  in  the  courts  at  JVcJimin-: 
fitr,  or  on  the  oath  of  one  witnefs  before  two  juftices  where  the  of- 
fence fhall  be  committed,  or  the  offender  fhall  be  found  ;  he  fnall 
fqrfipit  200  /.  one  third  to  the  king,  pne  third  to  the  ipformer, 
3  ■          ■    ■  j^jj| 


I 


(15a oi  atiD  Si'^olet*  521 

and  one  third  to  the  poor ;  The  fame  (in  cafe  of  convidion  before 
the  jufi'ce.')  to  be  levied  by  dillrefs  by  warrant  of  fuch  juftices; 
and  ihall  alfo  be  con:mitted  to  the  common  gaol  for  a  year,  and 
from  thence  till  the  200/.  be  paid:  provided,  that  perfons  ag- 
grieved may  appeal  to  the  ne.vt  quarter  feffions.    f.  29,  30. 

21.  No  perfon,  other  than  the  plaintiff  and  defendant,  fliall  be  How  far  an  of- 
incapacitat'ed  from  being  a  wirneis,  touching  any  offence  againft  fender  may  be  « 
the  laws  for  preventing  exceffive  and  deceitful  gaming,  by  reafon  '*^'^"^* 
of  having  played,    betted,    or  ftaked  at  any  prohibited  game. 
18  G.  2.  c.  34./  5. 


For  breaking  of  gaol,  fee  PhTOII  !}^Ca!iin|y» 

/.  Building  and  repairing  of  gaols. 

II.  Who  {hall  have  the  keeping  of  gaols. 

III.  Gaoler  Jhallreceive  criminals. 

IV.  How  they  fhall  he  maintained. 

V.  Spirituous  liquors  not  to  be  fold  in  gaols. 

VI.  H01D  prifoners  may  be  fet  on  work. 

VII.  How  they  foall  he  refrained  and  kept. 
VIII  Hozu  they  /jail  be  delivered. 

IX.  Of  gaolers  permitting  efcapes. 

X.  Concerning  debtors. 

XI.  Concerning  the  prifons  of  the  King's  bench  ajid 

Marfhalfeg, 

/.  Building  and  repairing  of  gaols. 

THE  juftices,  or  the  greater  number  of  them,  within  the 
limits  of  their  commilhon,  upon  prefentment  of  the  grand 
jury  at  the  affizes  (or  feffions,  12  G.  2.  c  29.  /  i  3.)  of  the  in- 
fufficiency  or  inconveniency  of  the  county  gaol,  may  contraft 
with  any  perfon  for  the  building,  iinifhing,  or  repairing  the  fame, 
\\  ij  \z  iV.  c.  19.  /  I,  2.  The  expence  thereof  to  be  paid 
by  the  treafurer,  out  qf  the  general  county  rate.  12  G.  2. 
(.  29. 

But  this  fhall  not  extend  to  gaols  held  by  inheritance ;  nor  to 
charge  any  perfpns  in  any  town  or  liberty  which  have  common 
gaols  for  felons,  and  commiffioncrs  of  affize  or  gaol  delivery,  for 
any  afTefTment  to  the  making  the  coniflpon  gaol  for  the  fhire. 
Ji  i^  12  ^''.  f.  19/  5. 

//.  Who 


5  22  (i5aol  atio  gaoler* 

//,  IVho  Jljall  have  the  keeping  of  gaols. 

The  gaol  it  felf  is  the  king's,  but  the  keeping  thereof  is  in- 
cident to  the  office  of  the  fherifF,  and  infeparable  from  it ;  ex- 
cept fuch  gaols  whereof  any  perfons  have  the  keeping  by  inhe- 
j'lunce  or  fucceflion.  14  £./.  3.  Jl.  i.  c.  10.  19  H.  7.  c.  10. 
2  InJ}.  589. 

And  therefore  the  fherifFs  Ihall  put  in  fuch  keepers  for  whom 
they  will  anfwer.      x^Ed.  3.  Jl.  i.  c.  10. 

But  by  the  3  (7.  c.  15./  10.  None  fhall  buy  the  office  of 
gaoler,  on  pain  of  500/.  half  to  the  king,  and  half  to  him  that 
ihall  fue. 

And  a  gaoler  in  fafl,  is  as  much  punifhable  for  a  mifdemeanor 
in  his  office,  as  if  he  were  a  rightful  gaoler.     2  Ha'w.  134,. 

///.  Gaoler  Jhall  receive  criminals. 

All  felons  fhall  be  imprifoned  in  the  common  gaol,  and  not 
elfewhere.     5  H.  4.   c.  10. 

And  if  the  gaoler  refufes  to  receive  a  felon,  or  take  any  thing 
for  receiving  him,  he  Ihall  be  punifhed  for  the  fame  by  the  juftices 
of  gaol  delivery.     4  £//.  3.  c.  10.     Dalt.  c.  170. 

But  vagrants  and  other  criminals,  offenders,  and  perfons 
charged  with  fmall  offences,  may  for  fuch  offences,  or  for  want 
of  fureties,  be  committed  either  to  the  common  gaol,  or  houfe 
of  correfticn,  as  the  jultices  in  their  judgment  fhall  think  proper, 
6  G.  c.  ig. 

IV.  How  they  Jhall  he  maintained. 

The  gaoler  cannot  refufe  the  prifoner  vidtuals,  for  he  ought  not 
to  fufrer  him  to  die  for  want  of  fuilenance.      1  Injl.  295. 

Which  fliall  be  provided  for,  by  a  fum  to  be  paid  out  of  the 
general  county  rate,  by  the  high  conftables,  to  fuch  fufficient  per- 
fons dwelling  nigh  the  gaols,  as  (hall  be  appointed  by  the  jultices 
in  open  feflions,  who  ihall  be  there  ready  to  receive  it.  1 4  El. 
«r.  5.      12  G.  2.  c.  29. 

V.  Spirit  nous  liquors  not  to  be  fold  in  gaols. 

By  the  24  G.  2.  c.  40.  No  licence  fhiall  be  granted  for  retailing 
fpiricuous  liquors  within  any  gaol  or  prifon  ;  and  if  the  gaoler  fhall 
fell,  lend,  ufe,  or  give  away,  or  fuffer  the  fame  (except  by  way 
of  medicine)  he  Jhall  forfeit  100/.  half  to  the  king,  and  half 
with  full  coPts  to  him  who  (hall  fue.    /  17. 

And  any  jaflice,  on  information  on  oath,  that  fpirituous  liquors 
are  kept  or  difpofed  of  in  fuch  gaol,  may  enter  and  fearch,  or 
iffue  his  warrant  to  fearch  for,  and  feize,  and  llave,  and  deilroy 
the  fame.    f.  18. 

And  if  any  perfon  (hall  endeavour  to  bring  any  fpirituous  li- 
quors into  fuch  gaol,  the  gaoler  or  his  fervams  may  apprehend. 

and 


(i5aDi  auD  gaoler.  523 

and  carry  him  before  a  jallice;  and  if  by  the  oath  of  one  witnefs 
or  otherwife  fuch  perfon  fhall  be  convicted,  he  fhall  be  committed 
to  prifon  or  to  the  houfe  of  correction,  not  exceeding  three 
months,  unlefs  he  fhall  immediately  pay  down  fuch  fine,  not  ex- 
ceeding 20/.  and  not  lefs  than  loA  as  the  juftice  fhall  impofe, 
to  be  paid  half  to  the  informer,  and  half  to  the  poor  of  fuch  gaol. 

And  a  copy  of  the  three  claufes  above,  fhall  be  hung  up  in 
each  gaol,  on  pain  of  the  gaoler  forfeiting  40  s.  to  be  levied  by 
warrant  of  one  jullice,  on  conviction  on  the  oath  of  one  witnefs  : 
and  any  juftice  may  enter  and  demand  a  fight  of  fuch  copy,  and 
if  not  (hewn  to  him,  he  fhall  immediately  convict  fuch  gaoler  ; 
one  half  of  the  faid  penalty  to  be  to  the  informer,  and  the  other 
(or  the  whole  if  there  be  no  inibrmer)  to  the  poor  of  fuch  gaol. 
J.  20. 

VI.  How  fri [oners  may  he  fet  on  work. 

The  jiiftices  in  their  general  fefHons,  if  they  find  it  needful,  may 
provide  a  flock  of  inch  materials  as  they  find  convenient,  for  the 
letting  poor  prifoners  on  work,  to  be  paid  for  by  the  treafurer  out 
of  the  general  county  rate ;  and  may  pay  and  provide  fit  perfons 
to  overfee  and  fet  fuch  prifoners  on  work;  and  make  fuch  orders 
for  accounts  concerning  the  premifTes.  as  fliall  be  thought  needful, 
and  for  punilhment  of  negleds  and  other  abufes,  and  for  beftow- 
ing  the  prof.ts  anfing  by  the  Lbour  of  the  prifoners  for  their  relief. 
Provided  that  the  lum  to  be  fo  paid  do  not  exceed  the  rate  of  6  d. 
a  week  for  any  one  parilh.      19  C.  2.  c.  4.  /  i.      i  2  G,  2.  c.  29. 

VII.  How  they  Jhall  he  rejlrained  and  kept. 

If  any  perfon  fhall  be  committed  to  any  prifon,  for  any  crimi- 
nal or  fappofed  criminal  offence,  he  fhall  not  be  removed  from 
thence,  unlefs  it  be  by  habeas  corpus  or  fome  other  legal  writ ;  or 
where  he  is  removed  from  one  prifon  or  place  to  another,  within 
the  fame  county,  in  order  to  his  trial  or  dilcharge  j  or  in  cafe  of 
fudden  fire  or  infection,  or  other  necefTity  :  on  pain  that  the  per- 
fon figning  any  warrant  for  fuch  removal,  and  the  perfon  execu- 
ting the  fame,  fhall  forfeit  for  the  firfl  ofience  100/.  and  for  the 
fecond  200  /.  to  the  party  grieved.      31  C.  z.  c.  2.  f.  9. 

Bur  on  emergent  occafions,  as  in  cafe  of  infedtious  diieafes,  the 
fnerifF  or  gaoler,  with  the  advice  and  confent  of  three  or  more  • 

juflices  ( t  iA)  may,  if  they  fhall  find  it  needful,  provide  other 
fafe  places  (with  the  owners  confent)  for  the  removal  of  fick  or 
other  perfons  out  of  the  ufual  gaols.      19  C.  2.  c.  4.  /  2. 

It  feemeth  generally  in  all  cafes  where  a  man  is  committed  to 
prifon,  efpecially  if  it  be  for  felony,  or  upon  an  execution,  or 
but  for  a  tiefpafs  or  other  ofTence,  every  gaoler  ought  to  keep  fuch 
prifoner  in  fafe  and  clofe  cuftody ;  fafe,  that  he  cannot  efcape : 
and  clofe,  without  conference  with  others  or  intelligence  of  things 
abioad.     Dalt.  c.  170. 

And 


524  <Baoi  atm  gaoler. 

And  therefore  if  the  gaoler  fliall  licence  his  prifoner  to  go  abroad 
for  a  time,  and  then  to  come  again,  or  to  go  abroad  with  a  keeper, 
tho'  he  come  again,  yet  thefe  are  efcapes.     Da/f.  c.  170. 

And  hereupon  it  is  lawful  for  the  gaoler  to  hamper  a  felon  with 
irons  to  prevent  his  efcape.      i  H.  H.  6c  i.     Dalt.  c.  170. 

But  the  learned  editor  of  HaU^s  Hijlory  obferves,  that  this  Hb«r- 
ty  can  only  be  intended,  where  the  officer  has  jjil  reafon  to  fear 
an  efcape;  as  where  the  prifoner  is  unruly,  or  makes  any  attempt 
to  that  purpofe ;  but  otherwifc,  notwithftanding  the  common 
praftice  of  gaolers,  it  feems  altogether  unwarrantable,  and  con- 
trary to  the  mildnefs  and  humanity  of  the  laws  0?  England,  by 
which  gaolers  are  forbidden  to  put  their  prifoners  to  any  pain  or 
torment.  And  Lord  Coke,  2  Inji.  381.  is  exprefs,  that  by  the 
common  law  it  might  not  be  done.      1  H.  H.  601. 

And  if  the  gaoler  keep  the  prifoner  more  ftraitly  than  he  ought 
of  right,  whereof  the  prifoner  dieth,  this  is  felony  in  the  gaoler 
by  the  common  law  :  and  this  is  the  caufe,  that  if  a  prifoner  die 
in  gaol,  the  coroner  ought  to  fit  upon  him.     3  hj}.  91. 

But  if  a  criminal,  endeavouring  to  break  the  gaol,  afTault  his 
gaoler,  he  may  be  lawfully  killed  by  him  in  the  affray,  i  Haio, 
71,     I  H.  H.  496. 

VIIL  How  they  JJoall  be  delivered. 

By  the  3  H.  7.  <•.  3.  Thofe  that  have  the  cuftodu  of  gaols,  maft 
certify  the  names  of  all  prifoners,  to  the  juftices  of  gaol  delivery, 
in  order  to  their  trial  or  difcharge  ;  on  pain  of  5  /. 

And  if  a  gaoler  detains  a  prifoner  in  gaol  after  his  acquittal, 
unlefs  it  be  for  his  fees  (not  for  meat,  drink,  or  lodging)  this  is  an, 
unlawful  imprifonment.     2  hji.  53. 

And  the  gaoler  muft  not  difobey  a  writ  of  hal-ens  corpus,  fo 
want  of  his  fees ;  but  the  court  will  not  turn  the  prifoner  over,  til 
the  gaoler  be  paid  all  his  fees.     2  Haiv.  151. 

IX.  Of  gaolers  permitting  efcapes. 

If  the  gaoler  voluntarily  fuffer  a  prifoner  to  efcape,  he  fhall  h% 
punithed  in  the  fame  manner  as  the  prifoner  ought  to  have  been 
who  efcaped  :  and  if  he  negligently  permit  him  to  efcape,  he  (haj 
be  puniflied  by  fine  and  imprilonment.  And  the  flieriff  fhall  anJ 
fwer  for  him.      2  Hanv.  134,  5,  6. 

But  the  principal  gaoler  is  only  finable  for  the  voluntary  efcaj 
ef  a  felon  fuffered  by  his  deputy  ;  for  no  one  fhall  fuft'er  capitallj 
for  any  crime,  but  he  who  is  aftually  guilty  of  it.     2  Ha-iv.  135; 

But  for  a  negligent  efcape  fuffered  by  his  bailiff,  the  fheriff  is  ai 
much  liable  to  anfwer,  as  if  he  had  aftually  fuffered  it  himfelf  i 
and  the  court  may  charge  either  the  fherifi  or  bailiff  for  it : 
if  a  deputy  gaoler  be  not  fufHcient  to  anfwer  a  negligent  efcap« 
his  principal  muil  anfwer  for  him,     2  Ua-iu,  135. 


iC.  Conccrr.ini 


<i5aoi  ann  gaolett  525 

X.    Concerning  debtors. 

By  an  aft  in  the  22  6f  23C.  2.  c  20.  certain  regulations  are 
made,  in  relation  to  poor  prifoners  for  debt,  which  arc  inforced 
and  inlarged,  and  (in  efFed)  fuperfeded,  by  the  2  G.  2.  c.  22. 
and  therefore  the  aft  of  the  22  ^  23  C.  2.  is  only  mentioned 
here,  becaufe  if  this  latter  aft,  which  is  but  temporary,  fhall  be 
permitted  to  expire,  the  faid  regulations  will  fall  back  upon  the 
aforefaid  Ilatute  of  C.  2. 

Which  faid  aft  of  the  2  G.  2.  (which  by  the  21  G.  2.  c,  33. 
is  continued  to  June  i .  1 754,  ijc.)  enafteth  as  follows : 

lAo  fheriff,  baiiifF,  or  other  officer,  fhall  carry  any  perfon  being 
in  his  cuftody  by  any  writ,  procefs,  or  warrant,  to  any  tavern, 
alehoufe,  victiiailing  houfe,  or  to  the  private  houfe  of  fuch  of- 
ficer, or  of  any  of  his  relations  or  tenants,  without  his  confent ; 
nor  charge  him  for  any  wine,  beer,  ale,  viftual,  tobacco,  or  any 
thing  clfe,  but  what  he  fliall  freely  call  for ;  nor  Ihall  demand 
more  than  by  law  is  allowed  for  fuch  arreil,  or  waiting  till  th« 
prifoner  have  given  appearance  or  bail,  or  agreed  with  the  party, 
or  be  fent  to  gaol ;  nor  take  any  thing  for  keeping  him  out  of 
gaol ;  nor  fhall  carry  him  to  gaol  within  24  hours  after  the  arreft  ; 
nor  fhall  take  more  for  a  day's  diet,  or  night's  lodging,  or  other 
cxpencep,  than  what  fhall  be  allowed  by  order  of  feffions,  who  are 
to  make  Handing  rules  or  orders  for  afcertaining  fuch  expences. 
/  I. 

(But  by  the  3  G.  2.  c.  zj.  f.6.  which  aft  hath  the  fame  conti- 
nuance ;  If  any  perfon  arreded  fhall  refufe  to  be  carried  to  fome 
fafe  and  convenient  dwelling  houfe  of  his  own  naming,  fo  as  it  be 
in  a  market  town  (if  he  is  there  arrefled),  or  within  three  miles  of 
the  place  of  arreil,  not  being  his  own  houfe,  nor  out  of  the  li- 
berty, he  may  be  carried  to  gaol  within  the  24  hours.) 

And  the  fherifF  fhall  deliver  a  printed  copy  of  the  above  claufe 
to  every  bailiff;  and  when  the  bailifif  fhall  give  fecurity  upon  his 
entring  into  his  ofnce ;  fhall  make  it  part  of  the  condition  of  fuch 
fecurity,  that  he  will  Ihew  and  deliver  a  copy  of  the  faid  claufa 
to  every  perfon  whom  he  fhall  arrefl  and  carry  to  any  fuch  houfe, 
and  permit  him  to  read  the  fame  before  any  liquor  or  meat  fhall 
be  called  for ;  on  pain  of  being  punifhed  as  for  a  mifdemeanor. 
/.  2. 

And  the  gaoler  fhall  fuiFer  any  prifoner  to  fend  for  any  vlftuals 
or  other  neceffaries,  snd  to  have  fuch  bedding,  linen,  or  other 
things,  as  be  fliall  think  fit.    /  3. 

And  the  gaoler  fhall  take  no  fees  for  commitment,  chamber 
rent,  or  difcharge,  but  what  are  row  allowed  by  law,  until  fach 
fees  fhal!  be  fettled  by  the  jaflices  in  fefTions.  And  tables  fhall  be 
made  of  the  fees  when  fo  fettled,  and  ikall  be  f:gned  by  three  or 
more  juflices  attending  the  fettling,  and  fhall  be  reviewed  and  con- 
firmed or  moderated,  and  then  figned  by  the  judges  of  affize,  or 
one  of  them,  together  with  three  or  more  juftices  of  the  county. 
And  alfo  rules  and  orders  for  the  better  government  of  prifbns, 
ihall  be  made,    and  from  time  to  time  enlarged,    inforced,    or 

altered 


5^6  <5aDl  anft  saout. 

altered  as  occafion  fnall  require,  by  the  judges  of  aflize  or  one  of 
them,  and  three  or  more  juftices  under  their  hands.  And  dupli- 
cates of  fuch  tables  of  fees  and  rules,  fhall  be  inrolled  by  the  cleric 
of  the  peace  without  fee,  and  fhall  be  hung  up  and  remain  in 
dvery  gaol. 

And  after  fuch  table  of  fees  fettled  and  confirmed,  no  gaoler 
fhall  demand  of  any  prifoner  for  debt,  any  greater  fee  than  is 
therein  allowed.  (Regulations  in  Loidon,  Middlefex,  and  Surrey^ 
to  be  made  by  the  two  chief  juftices,  and  chief  baron,  and  the 
jurtices  of  the  peace.)     /.  4. 

And  on  the  petition  of  any  prifoner  complaining  of  any  exadlion 
or  extortion,  or  other  abtife,  by  any  gaoler  or  bailiff,  to  any  of 
the  judge?  or  juftices  of  afiize,  they  may  determine  the  fame  in  a 
fuminary  way,  with  full  cods.     f.  q. 

And  the  juftices  of  the  peace  fhall  do  their  beft  endeavours,  to 
difcover  charities  given  for  the  ufe  of  prifoners,  and  may  fend 
for  writings,  and  examine  perfons  on  oath,  and  order  tne  fame 
according  to  the  intent  of  the  donors :  And  lifts  of  fuch  charities 
fhall  be  hung  up  in  the  gaol,  and  be  regiftred  by  the  clerk  of  the 
peace.    /  6. 

And  if  any  fheriff,  bailiff",  gaoler,  or  other  officer,  fhall  of- 
•  fend  againft  this  a<fl:,  he  fliall  (over  and  above  the  penalties  by 

former  laws)  forfeit  to  the  party  grieved  50/.  with  treble  cofts. 
/14. 

The  county  gaol  Js  the  prifon  for  malefaflors ;  but  prifoners  for 
debt,  where  elcape  lies  againft  the  fheriff  for  their  efcaping,  may 
be  kept  in  what  place  the  fheriff  pleafes.     L.  Raym.  i  36. 

But  he  fhall  not  put,  keep,  or  lodge  prifoners  for  debt  and 
felons  together  in  one  room  or  chamber ;  but  they  fliall  be  put, 
kept,  and  lodged  feparate  and  apart  from  one  another  in  diftindl 
rooms ;  on  pain  of  forfeiting  his  office,  and  treble  damages  to 
the  party  grieved.      22  ^  23  C.  2.   c.  20.  f.  13. 

But  it  is  faid,  that  a  gaoler  is  no  way  punifliable  for  keeping  a 
debtor  in  irons.  2  Hanjj.  152.  But  it  feemeth  that  this  mult  at 
leaft  be  underftood  with  the  qaalificacion  abovementioned. 

XL  Concerning  the  prifons  of  the  king's  bench  and 
marfhalfea. 

The  juftices  in  Eajia-  feffions  fhall  f'et  down  what  fums  fhall  be 
fent  out  of  every  county  or  place  coroorate,  for  the  reHef  of  the 
poor  prifoners  of  the  king's  bench  and  viarpalfcay  fo  as  there  be 
fent  out  of  every  county  yearly  20.r.  at  the  leaft  to  each  of  the 
faid  prifons ;  to  be  paid  by  the  high  conftables  out  of  the  gene- 
ral county  rate,  to  two  fuch  treafurersi  or  one  of  them,  as  by 
the  more  part  of  the  juftices  of  the  county  fhall  be  elefted  to 
be  treafurers:  which  treafurers,  on  the  firft  day  of  Trinity  term 
yearly,  fhall  pay  over  the  fame  to  the  lord  chief  juftice  of  Eng- 
lorJ,  and  knight  marflial,  or  to  whom  they  ftiall  appoint,  taking 
their  acquittance  for  the  fame,  or  in  default  of  the  chief  juHice, 
to  the  next  moil  antient  j  illice  of  the  kings  bench,  equally  to  be 

divided 


(Sunpolbuer*  527 


divided  between  the  prifoners  of  the  king's  lench  and  marP^aJfea 
prifons.  43  EL  c.  2.  /  12,  13,  14.  11  G,  2,  r.  20.  /  i. 
12  G.  2.  c.  29. 

And  if  the  treafurer  fhall  negleft  or  refufe,  the  king's  bench 
may  make  a  rule  on  him,  requiring  him  to  pay  the  fame ;  and 
obedience  to  fuch  rule  may  be  inforced  as  other  rules  of  the  faid 
court,  at  the  coft  and  charges  of  the  treafurer.      1 1  G,  2.  c.  20. 

/2,  4. 

And  that  the  treafurer  may  be  the  better  amenable  to  the  faid 
court,  he  fhall  within  30  days  after  his  election  or  appointment, 
under  the  like  penalty,  tranfmit  his  name  and  place  of  abode  to 
the  clerk  of  the  crown  in  the  king's  bench,  to  be  entred  by  him  ; 
for  which  entry  no  fee  fhall  be  paid.    /.  3. 

(15attn:er.    See  erciTc* 

(Din*    See  ejcciTi% 

mtii^.     See  CjCCifC* 

(15ooti  be!jal3ioiir*    See  %x\tztv.^ 

^0r«5.    Burning  of  it  in  forefts.    See  UurniniJt 

(0^1^tI  Uizzwv.    See  Larcciip* 
i^^epljounti*    See  dpamc. 


0unpolbDer* 

i.T^Y  an  aft  made  in  the  16  C.  i.  r.  21.  {to  wit,  in  1 640,  Who  may  make 

X3   being  the  laft  ftatute  of  force  in  that  king's  reign)  All  gunpowder, 
fubjefts  may  make  and  fell  gunpowder,  and  bring  into  the  king- 
dom fait  petre,  brimftone,  or  any  other  materials  for  the  making 
of  it. 

And  by  a  ftatute  made  in  the  jirft  year  of  the  reign  of  king 
7<2»/('j  the  2d,  (which  is  a!fo  fomcwhat  ren^arkable).it  is  enafted, 
that  if  any  perfon  fhall  obtain  a  grant  for  the  fo!e  making  or  im- 
porting of  gunpowder,  he  fhall  incur  a  p-amunire.  i  J.  2.  c.  8. 
f.  3. 

2.  By  the  5  G.  2.  c.  20.    No  matter  of  any  vefTel    ouf.vard  Shipping cr  lard- 
bound,  fhall  receive  on  board  any  gunpowder,    either  as  m,er- '"=  °*' 8""?°^-, 
chandize  or  itore  for  the  voyage  (except  for  his  msjeliy's  fervice)'^^'^^"^^^  |j^^^  °' 
on  the  Thames  above  Black%vall ;  on  pain  of  5  /.   for  every  50/^.  Thnmes  ab-ve 
Weight,  and  fo  in  proportion.    /.  2.  Blaikwali. 

And  the  matter  of  every  vcfTel  coming  into  the  Thames,  fliall 
land  all  the  powder  on  board,  either  before  arrival  at  Blackijjalf, 
or  within  24  hours  (if  the  weather  will  permit)  after  he  ccmes 
to  anchor  there,  or  at  the  place  of  unloading  ;  on  pain  of  5  /.  for 
every  100 //-.  weight.    /  3. 

And 


528 


(5ttnpDib!5er» 


Keeping  gun- 
powder m  Lon- 
dx>tu 


"h. 


Perforre  pprmit- 
ting  others  to 
keep  it. 

Carrying  gun- 
powder in  the 
ltree;s  of  Lon- 
don. 


And  if  any  officer  of  any  fhip  (except  the  king's)  (hall,  be- 
tween Lotaion  bridge  and  Blackvuall,  keep  any  gun  loaded  with 
ball,  or  fire  any  gun  on  board  above  Blacknvall,  before  funrifmg 
or  after  funfetting ;  he  fhall  forfeit  for  fuch  gun  loaded  5  s.  and 
for  fuch  gun  fired  10  s.    /  4. 

And  the  corporation  of  Trinity  houfe  at  Debtford  Jirond,  may 
appoint  a  perfon  to  infped  vefl'els ;  and  if  any  fuch  officer  ob- 
itru(5l  him,  he  {hall  forfeit  5/.     /.  5. 

And  the  faid  penalties  Ihall  go  to  the  poor  of  the  corporation. 

f.e. 

And  two  juflices  of  Lojidop.,  or  the  refpeftive  counties  where 
the  offence  fhall  be  committed,  fhall  on  complaint  in  ten  days 
fummon  the  offender,  or  after  oath  made  of  the  ofience  may  iffue 
their  warrant  for  apprehending  him,  and  on  appearance  or  contempt 
may  convift  him  either  by  oath  of  witneffes,  or  confefFion,  or  his 
own  view,  and  levy  the  pennlty  by  diibefs,  and  if  not  redeemed  in 
five  days,  by  fale ;  for  wan:  of  diltrefs,  he  fhall  be  imprifoned 
for  three  months,  or  till  paid  :  and  perfons  aggrieved  may  appeal 
to  the  next  fefiions.    f.  7. 

3.  No  perfon,  not  being  a  dealer  in  gunpowder,  ihall  keep 
more  than  50  lb.  or  being  a  dealer,  not  more  than  zoo  lb.  longer 
than  24  hours,  at  any  time  in  any  houfe  or  place,  or  in  any 
houfes  or  other  places,  either  under  the  fame  roof,  or  by  dividing 
the  fame,  and  difpofing  thereof  under  d:frerent  roofs,  or  in  any 
yard  or  yards,  within  Ladon  and.  M'ijlminjier,  or  tlie  fuburbs 
thereof,  or  within  three  miles  of  the  towtr,  or  of  St.  yc!mcs''i,  ;  or 
vithin  two  miles  of  any  mr.gaxinc  now  ereded  (that  is,  in  the 
year  1718,)  for  keeping  gunpowder,  belonging  to  the  king  for 
the  ufe  of  the  publick  ;  or  on  the  'Themes,  except  in  veflels  pafling 
or  detained  by  tides  or  bad  weather  (except  carts  and  other  car- 
riages loading  or  unloading,  or  pafTing  on  the  highway  :)  on 
pain  of  forfeiting  the  fame,  and  the  value  thereof,  with  full  cofls, 
to  him  who  fhall  fue  in  any  court  of  record  at  Wtjiminjler  in  30 
days.     5  G.    r.  26.  /   I.      1 1  G.  c.  23.  /   i.      15  I5'  16  G.  2. 

And  any  juftice  of  the  peace  within  the  faid  limits,  on  demand 
by  any  inhabitants  fhewing  a  reafonable  caufe,  may  iffue  his  war- 
rant to  fearch  in  the  day  time,  for  dangerous  quantities  of  gun- 
powder, and  break  open  any  places  if  there  be  occafion,  and  the 
fearchers  may  feize,  and  may  remove  the  fame  in  i  2  hours  out 
of  the  faid  limits,  and  detain  the  fame  till  it  be  determined  in  the 
courts  whether  it  be  forfeited  or  not.      1  q  ^  16  G.  2.  r.  32.  /.  2. 

4.  And  perfons  permitting  others  to  keep  gunpowder,  in  any 
places  not  belonging  to  the  owners  of  fuch  gunpowder,  fhall  for- 
feit I  s.  a  pound       i  5  ^5"  16  G.  2.  c.  ^z.  f.  3. 

5.  No  perfon  fliali  carry  in  the  flrcets  of  LoTtdon  or  Wijlminfierf 
or  the  fuburbs  thereof,  more  than  20  hundred  weight  of  gunpow- 
der at  one  time  ;  and  all  gunpowder  carried  in  the  faid  Ifreets  in 
any  carts  or  can  iage-,  fhall  be  carried  in  covered  carts  or  carriage*, 
and  the  barrels  clofe  jointed  and  hooped,  and  put  into  cafes  of  lea- 
ther or  canvafs;  and  gunpowder  carried  by  man  or  horfe,  fhall  be 
put  into  cafub  of  leather  or  canvafs,  and  entirely  covered  there- 
with : 


(EfunpotbDer.  529 


Vvitfc  :  and  if  any  fhall  be  carried  otherwife,  it  iftiall  be  forfeited, 
and  may  be  feized  by  any  perfon  to  his  own  ufe,  the  offender  being 
thereof  convicted  before  two  juftices.      5  G.  c.  26.  /  4. 

6.  By  the  22  G.  2.  c.  38.  No  perfon  lliall  keep  gunpowder  Keeping  gun- 
for  more  than  24  hours  at  any  one  time,  in  greater  quantity  than  P°^°"  ^^"=" 
400/^.  weight,  in  any  houfe  or  other  place,  in  any  city  or  the 

Suburbs  thereof,  or  in  any  market  town,  or  within  100  yards 
thereof,  or  within  two  miles  of  any  of  the  king's  palaces,  or  one 
mile  of  any  the  king's  magazines ;  nor  fhall  keep  for  more  tlian  24 
hours  at  any  time,  a  greater  quantity  than  3000  Ih.  weight  in  any 
houfe  or  other  place.     22  G.  2.   c.  38.  /  i. 

And  any  two  juftices,  on  demand  made,  and  a  reafonable  caufe 
affigned,  hy  any  parifli  officer  or  two  houfeholders  inhabiting 
where  it  is  kept,  fhall  iiTue  their  warrant  for  fearching  in  the  day 
time  any  houfe,  (hop,  or  other  place,  and  breaking  open  the  doors 
thereof,  if  there  be  occafioa  j  and  if  upon  fuch  fearch,  more  than 
400/^.  weight,  or  3000  lb.  weight  refpedlively  as  above  flial]  be 
found,  all  exceeding  the  faid  quantities  fhall  be  feized,  and  detain* 
ed,  and  forfeited  to  any  perfon  who  fhall  fue  in  three  months  in 
any  court  at  Wcpninjicr ;  which  court  fhall  give  judgment  for  re- 
covery of  the  fame  or  the  value  thereof  with  full  colls,    f.  2. 

But  no  penalty  fhall  be  incurred  on  account  of  a  greater  quan- 
tity than  30  hundred  weight  kept  within  any  warehoufe  or  maga- 
zine already  built  for  that  purpofe  (that  is,  in  1749,)  unlefs  the 
jufiices  at  their  quarter  feffions  fhall  on  complaint  by  two  inhabi- 
tants near,  adjudge  the  fame  to  be  dangerous,  and  until  fix  months 
after  fuch  adjudication ;  and  provided  the  fame  be  not  fituate  in 
any  city  or  the  fuburbs  thereof,  or  in  any  market  town,  or  vvithin 
100  yards  thereof,  or  within  two  miles  of  any  of  the  king's  pa- 
laces, or  one  mile  of  any  of  the  king's  magazines,    /  7. 

7.  And  it  feems  that  erefting  powder  mills,  or  keeping  powder  Erefllng  powr'cf 
magazines  near  a  town,  is  a  nufance,  for  which  an  indidment  or  ™'^'^' * '^"'^"'** 
information  will  lie.     For  in  the  cafe  of  K.  and  Williams,  E.  1 2  PP^. 

there  was  an  indidlmenc  againft  P.ogcr  Williams,  for  keeping  400 
barrels  of  powder  near  the  town  of  Bradford,  and  he  was  convift- 
ed  accordingly.  And  in  K.  and  Taylor,  T.  i  5  G,  2,  The  court 
granted  an  information  againft  the  defendant  as  for  a  nufance,  on 
afHdavits  of  his  keeping  great  quantities  of  gunpowder  near  Maldtn 
in  Surrey,  to  the  endangering  the  church  and  houfes  where  he 
lived.  Str.  1167.  It  might  as  well  have  been  faid,  to  the  endan- 
gering the  lives  o.f  his  mnj'jfty's  fubjefls. 

8.  No  perfon  fliall  convey  at  any  one  time,  in  any  waggon  or  Carrying  guft* 
Other  carriage,  a  greater  quantity  than  2500  pounds  weight ;  or  P°^^'^'^'' "^''^". 
more  than  5000  pounds  weight  in  any  open  vefTel  on  any  river,  l^'^j'^  ^  ^"  * 
within  one  mile  of  any  city  or  market  town:   And  all  fuch  gun- 
powder fliall  be  carried  in  covered  carts  and  carri2ges ;  and  the 

barrels  (hall  be  clofs  joined  and  hooped,  and  fccnred  that  no  part 
thereof  be  fcattered  in  the  pafTa^e;  on  pain  of  being  feir.ed  and 
forfeited  to  the  informer,  on  proof  of  the  offence  before  two 
juftices.      22  G.  2.  c.  38.  /.  3, 

9.  But  none  of  the  flxld  z&s  fhall  extend  to  any  magazine  be-  Exception* 
longing  to  the  crown  j  or  to  hinder  the  trying  of  guripowder  by 

Vol.   L  Mm'  his  ■ 


530 


(I5itttpotblitt* 


Seflions  to  ap- 
point places  for 
warehoufes. 


his  majefty's  officers;  or  to  the  carrying  of  gunpowder  to  and 
from  the  king's  magazines ;  or  with  forces  in  their  march. 
5  G.  c.  26.  /  5.  \\  G.  c.  23.  /.  4.  15  tif  16  G.  2.  c.  32.  /  6. 
22  G.  2.  c.  38.  /  5. 

10,  The  juftices  in  feflions  (hall,  on  application  to  them  made, 
appoint  convenient  plots  of  ground,  two  miles  diftant  from  any- 
city  or  market  town,  not  exceeding  two  acres,  with  the  ufe  of 
convenient  roads  leading  thereto,  for  erecting  warehoufes  for 
keeping  gunpowder  in  any  quantity,  firft  agreeing  with  the  pro- 
prietor ;  and  if  they  cannot  agree,  the  faid  juftices  (hall  ifTue  their 
warrant  to  the  (heriff  to  impanel  and  return  a  jury,  who  fliall  on 
oa:h  (to  be  adminillred  by  the  faid  juftices)  inquire  into  the  value 
of  the  ground,  with  the  ufe  of  convenient  roads  leading  thereto  : 
And  all  fuch  verdifts  and  inquifttions  (hall  be  kept  with  the  records 
of  the  feflions,  and  be  conclufive  to  all  parties:  And  the  faid  jufti- 
ces may  fend  for  perfons  interefted,  and  examine  the  parties  and 
witneflTes  on  oath  :  And  the  fum  to  be  a(re(rcd  as  aforefaid,  not 
exceeding  30  years  purchafe,  (hall  be  paid  to  the  proprietor  ;  and 
on  fuch  payment,  or  in  cafe  of  refulal  to  accept  it,  on  leaving  it 
with  the  faid  juftices  for  the  proprietor,  the  inheritance  of  the 
grounds,  and  ufe  of  the  roads  leading  thereto,  (hall  be  vefted  in 
the  purchafers  and  their  a(rigns,  for  the  purpofes  aforefaid,  and 
not  otherwife ;  And  the  warehoufes  to  be  built  thereon,  (hall  be 
built  in  fuch  manner,  as  will  moll  effeftualiy  render  them  fafe  and 
fecure.     22  G.  2.  c.  38.  f.  6. 

1 1 .  If  any  perfon  (hall  work  with  any  iron  hammer,  or  ham- 
mer plated  with  iron  or  fteel,  in  any  warehoufe  or  place  while  any 
gunpowder  is  there ;  he  (hall  on  conviftion  within  one  month,  by 
the  oath  of  one  witnefs,  before  one  juftice,  forfeit  20  j.  to  the  in- 
former ;  to  be  levied  by  diftrefs  by  warrant  of  fuch  juftice  ;  for 
want  of  fuiricient  diftrefs,  to  be  committed  to  the  houfe  of  cor- 
reflion,  to  be  kept  to  hard  labour  not  exceeding  one  month,  nor 
lefs  than  14  days.      1 1  G.  c.  23.  /  3. 

Doing  any  thing  12.  Every  perfon  employed  in  any  ftorehoufe  where  gunpowder 
to  indanger  the  jj  J^ept,  or  in  carr)'ing  gunpowder  from  one  place  to  another,  bc- 
oruigit.  jj^g  convided  before  one  juftice,  of  wilfully  committing  any  aft, 

whereby  fuch  gunpowder  may  be  in  danger  of  taking  fire,  (hall 
forfeit  5/.  to  the  informer,  for  every  100  pounds  weight  of  gun- 
powder contained  in  fuch  ftorehoufe,  or  which  he  (hall  be  em- 
ployed in  conveying  ;  and  on  non- payment  thereof,  (hall  be  com- 
mitted to  the  publick  gaol,  without  bail,  not  exceeding  fix  months. 
2Z  G.  2,  f.  38.  /  4. 

<^m\0.     See  (5mK. 


"Working  with 
hammers  in 
vaiehoufest 


rpubcit^. 


I 


53^ 

^l^abtas  corpus.    See  jBaih 
H^acfenep  cDacI)cs  ant)  cljai'rs* 

For  the  duty  on  coaches,  fee  title  CtClfC* 

i .  *"■  "*  H  E  king  may  appoint  perfons  not  exceeding  five,  to  be  Commlinonertu 

Jl      commiflioners  for  regulating  hackney  coaches  within  the 
bills  of  mortality.     9  yi».  r.  23.  yl  i. 

2.  Which  commillioners  fhall  under  hand  and  feal  licenfe  hack-  Licenfing. 
ney  coaches  within  the  bills,  not  exceeding  800 ;    and  on  every 
licence  fhall  be  referved  5  /.  a  week,  to  be  paid  monthly.     9  Jn. 

c.  23.  /.  2. 

And  they  Ihall  alfo  licenfe  hackney  chairs  within  the  bills  afore» 
faid,  not  exceeding  400 ;  referving  a  rent  of  10  s.  a  year,  to  be 
paid  quarterly,  g  Jn.  c.  2^. /.  ^.  10  An.  f.  19.  /  158.  12  G. 
c.  \z.  f.  15. 

3.  Every  coach  and  chair  (hall  have  a  diftinft  mark  on  each  Mark. 
fide;  and  if  any  (hall  alter  fuch  mark,  he  Ihall  forfeit  5  /.  half  to 

the  informer,  and  half  to  the  king.     9  An.   c.  23.  yi  4. 

4.  No  horfe  to  be  ufed  with  any  hackney  coach,  ftiall  be  under  Size  of  the 
14  hands  high,     g  An.  c.  z^.  f.  ^. 

5.  No  perfon  fnall  drive  or  let  to  hire  any  hackney  coach  with-  Penalty  of  dri- 
Out  licence ;  on  pain  of  5  /.  nor  Ihall  carry  any  perfon  for  hire  in  '^['"S  without 

a  hackney  chair,  without  licence ;  on  pain  of  40  s.  in  like  man-  "•^"^^' 
ner.     9  An,   c.  23.  /  4. 

And  by  the  i  G.Ji.  2.  c.  57.  No  unlicenfed  perfon  fliall  ply  with 
any  coach  or  hearfe,  or  Ihall  let  to  hire  any  mourning  coach,  with- 
in the  bills  aforefaid,  on  pain  of  5  /.  as  for  driving  unlicenfed.  /.  3. 

And  if  any  perfon  fhall  drive  a  moarning  coach  to  a  funeral, 
not  having  a  number  on  it,  or  except  it  be  a  coach  attending  the 
maftcr  or  fome  of  his  family  ;  on  information  given  to  the  com- 
miirioners,  they  may  fumraon  the  driver,  and  unlefs  he  prove  an 
order  from  the  mailer  to  attend  at  the  funeral,  the  driver  or  the 
undertaker  fhall  forfeit  5  /.     /.  4. 

6.  And  the  coachman  fhall  not  take  above  the  rate  of  10  s.  a  Rates, 
day,  reckoning  1 2  hours  to  the  day  ;  and  by  the  hour,  not  above 
i8d'.  for  the  firll:  hour,  and  izd.  for  every  hour  after:  And  no 
perfon  fhall  pay  from  any  of  the  inns  of  court  or  thereabouts  to 

any  part  of  St.  'James's  or  the  city  of  Wejimivfier  (except  beyond 
Tuttle-Jlrect)  above  1 2  d.  and  the  fame  prices  from  the  fame  places 
to  the  inns  of  court  or  thereabouts  ;  and  from  the  inns  of  court  or 
thereabouts,  to  the  Royal  Exchange  \zd.  and  if  to  the  To^'er,  or 
Bijhupgate-Jireet,  or  Aldgate,  or  thereabouts  1 8  d.  and  fo  from  the 
iaid  places  to  the  faid  inns  of  court  as  aforefaid  :  and  the  like  rates 
from  and  to  any  place,  at  the  like  diftancc,  within  the  places  be- 
.  forementioned.     9  An.  c.  23.  /".  6. 

And  no  perfon  fhall  be  obliged  to  pay  abov"^  \z  d.  for  a  coach 

for  any  diiUr.ce  (not  above  ipecificd)  not  €,\cceding  one  mile  and 

M  m  2  four 


By-!am. 


Miibehaving. 


532      i^acifenev  coacI)e£i  auD  ctjaitg* 

four  furlongs;  nor  above  is.  6  d.  for  any  diftance  above  a  mile 
and  four  furlongs,  and  not  exceeding  two  miles  :  And  no  chair- 
man {hall  take  more  than  the  rate  for  any  hackney  coach  driven 
two  thirds  of  the  fame  dillance;  on  pain  of  40 j.    /  7,  8. 

7.  And  the  commif|ioners  may  make  by-laws,  to  bind  all  per- 
fons  licenfed,  and  the  renters  of  fuch  licences,  and  the  drivers.  • 
9  An.  c.  23.  /  16.      I  G.  jl.  2.  c.  57.  /  I. 

The  fame  to  be  approved  by  the  lord  chancellor,  commiflioners 
of  the  great  leal,  two  chief  jaftices,  and  chief  baron,  or  three  of 
them.  9  An.  c.  20,.  f.  ij. 
Driver  exaaing.  8.  And  if  any  hackney  coachman  (hall  refufe  to  go  at,  or  exaft 
more  for  his  hire,  than  according  to  the  above  adl,  or  by-laws ; 
he  fhall  forfeit  a  fum  not  exceeding  3/.  nor  under  10  j.  i  G. 
ft.  2.  c.  57.  /  2. 

9.  And  if  any  perfon  who  fhall  drive  a  coach,  or  carry  a  chair 
for  hire,  ading  under  a  perfon  licenfed,  fhall  be  guilty  of  mifbe- 
haviour,  by  demanding  more  than  his  fare,  or  giving  abufive  lan- 
guage, or  other  rude  behaviour ;  he  fhall,  on  conviction  on  oath, 
forfeit  not  exceeding  20  s.  to  the  poor;  and  if  he  fhall  not  be  abl^ 
or  refufe  to  pay,  he  fhall  be  committed  to  Brideiuell  or  fome  other 
houfe  of  correction,  to  be  kept  to  hard  labour  feven  days,  and  re- 
ceive the  publick  correftion  of  the  houfe  before  he  be  difcharged. 
^Jn.  c.  23.  /49.   _ 

And  on  mifbehaviour  of  a  coachman  by  abufive  language,  or 
ctherwife,  the  commifPioners  may  revoke  his  licence,     f.  19. 

10.  And  if  any  perfon  fhall  refufe  to  pay,  or  fhall  deface  any 
coach  or  chair,  any  juftice  may  grant  his  warrant  to  bring  him  be- 
fore him;  and  on  proof  upon  oath  may  award  fatisfadlion  to  the 
party,  and  on  refufal  to  pay,  may  bind  him  over  to  the  next  fef- 
fions,  who  may  determine  the  fame,     g  An.  c.  23.  /.  22. 

1 1 .  The  rents  and  penalties  to  be  levied  by  diftrefs,  by  warrant 
of  three  commifTioners ;  which  diftrefs  fhall  be  fold  in  ten  days, 
returning  the  overplus,  charges  of  the  diflrefs  and  of  the  warrant 
being  firfl  deducted  (if  on  feven  days  notice  they  pay  not  the  fine 
without  fuch  warrant)  ;  and  in  default  of  diftrefs,  to  be  imprifon- 
cd  till  paid:  and  if  any  rent  fhall  be  unpaid  for  14  days,  the 
commifTioners  may  withdraw  the  licence.     9  A».  c.  23.  /.  12. 

And  moreover,  the  breach  of  the  by- laws,  and  of  thefe  rules 
and  orders,  may  be  punidied  by  any  juflice  of  the  peace,  mayor,  or 
bailiff,  where  the  offence  fhall  be  committed,  in  like  manner  as  by 
the  commiffioners.     9  Jn.  c.  23.  /  17.     \  G.  Ji.  2.  c.  57.  /  7. 


Perron  refufing 
to  pay. 


Power  of  the 
jufticcs. 


Note;  The  claufe  in  the  aft  of  the  1 2  G.  c.  \z.  abovemen- 
tioned,  was  only  to  continue  for  18  years;  but  by  the  16  G.  2. 
c.  26.  it  is  continued  lo'Jiaie  24,    1760,  ^c. 

In  which  faid  aft  of  the  16  G.  2.  there  feems  to  te  a  miftake, 
which  hath  unfettled  all  the  other  afts  abovementioned.  For 
whereas  the  9  Jn.  f.  23.  fo  far  as  it  relates  to  this  fubjeft,  was  to 
continue  for  32  years,  and  afterwards  by  the  3  G.  c.j.f.i.  was 
made  perpetual  ;  and  the  faid  aft  of  the  10  Jn.  c.  19.  fo  far  as  it 
relates  to  this  fubjeft,  was  to  continue  for  3 1  years,  and  afterwards 
by  the  faid  aft  of  the  3  G.  <-.  7.  /  i.  was  alfo  made  perpetual ; 
I  and 


and  the  faid  a6l  of  the  i  G.  Jl.  2.  c  57.  which  explains  and  amends 
the  9  An.  c.  23.  doth  confequently  attend  the  fate  of  the  fame  aft 
of  the  9  An.  Now  this  a£t  of  the  16  G.  2.  recites  them  all  three 
as  temporary  only,  and  continues  them  along  with  the  fa:d  ad  of 
the  12G.  to  June  2\.  1760,  ^c.  By  which  it  may  feem,  that 
they  will  expire  at  that  time,  if  they  fhall  not  be  farther  conunued  ; 
or  if  that  miilake  (hall  not  in  the  mean  time  be  redlifled. 

H^ai'Cd*    See  (!5amc* 

5)arcpipcd»    See  <^m\t, 

JDatUeft.    See  <^ame* 


I . ''  I  *>  HERE  fhall  be  paid  by  every  hawker,  pedlar,  petty  Licence  duty. 

_|_  chapman,  or  any  other  trading  perfon  going  from  town 
to  town,  or  to  other  mens  houfes,  and  travelling  either  on  foot, 
or  with  horfe,  horfe,%  or  otherwife  (except  as  herein  after  except- 
ed), carrying  to  fell,  or  expofing  to  fale  any  goods,  wares,  or 
merchandizes,  a  duty  of  4  /.  a  year.  And  every  perfon  fo  tra- 
velling with  a  horfe,  afs,  mule,  or  other  beaft  bearing  or  drawing 
burden,  fhall  pay  4/.  a  year  for  each  horfe  or  bsaft,  over  and 
above  the  other  4/.     qi^  lolV.  c.  zj.  f.  i . 

2.  And  every  fuch  perfon,  on  receiving  his  licence,  fhall  pay  J^y"^"^  "^^ '"' 
to  whom  the  commiffioners  of  the  treafury,  or  three  of  them,   "  ^* 

fhall  appoint  for  licenfers,  or  their  deputy,  half  the  duty,  and 
give  fecurity  by  bond,  with  one  or  more  fureties,  to  the  king, 
for  payment  of  the  other  half  at  the  end  of  fix  kalendar  months, 
unlefs  he  fhall  chufe  to  pay  down  the  other  half,  in  which  cafe  he 
fhall  be  allowed  after  2  s.  in  the  pound  for  prompt  payment. 
^  ^  10  Pf.  c.  ly.  /.  2. 

3.  And  the  commiffioners  for  thefe  duties,  or  two  of  them,  Granting  the 
fhall  (on  the  receipt  and  fecurity  given  as  aforefaid)  grant  licences  ''<=^'"^^* 

to  be  by  them  fubfcribed  ;  for  which  fhall  be  taken  only  i  /.  un- 
lefs fuch  perfon  travel  with  a  horfe  or  beaft,  and  in  that  cafe  fhall 
be  paid  only  2  s.  above  the  duties.      9^10^^.  c.  27.  /  4. 

4.  And  if  any  fuch  perfon  be  found  trading  as  aforefaid,  with-  Trading  without 
out,  or  contrary  to  fuch  licences  or  if  on  demand  made  by  any  furlnTtg'iheVitl 
juftice  of  the  peace,  mayor,  conftable,  or  other  peace  officer  of 

any  town  corporate  or  borough,  where  he  fhall  (o  trade,  fhall  not 
have  his  licence  ready  to  be  produced  ;  h>^  Jk  all  forfeit  \zl.  half 
to  the  informer,  and  half  to  the  poor  of  the  parifh  wherein  the 
offender  fhall  be  difcovered ;  and  for  nonpayment  thereof,  fliall 
fuffer  as  a  common  vagrant,  and  be  committed  to  the  houfe  of 
corredion.     9  dff  10  W.  c.  27.  /.  3,      3^4  An.  c.  4.  f.  4. 

He f?allforf at  I zl.]  M.  5  G.  K.  &r>d  Bed.  Akhough  the  fla- 
tute  here  mentions  nothing  of  coii'viciion,  yet  neverihelefs  there 
ought  to  be  a  formal  conviction  ;  and  a  certiorari  will  lie  for  the 
removal  of  i:.     ^tr.  \z-j. 

M  ra  3  '    And 


53+         3|a«jiters  anti  pewats. 

And  if  any  conftable  or  other  officer  aforefaid,  Ihall  refufe  or 
negleft,  upon  due  notice,  or  his  ovvn  view,  to  be  aiding  in  the 
execution  hereof,  being  thereunto  required,  and  be  thereof  con- 
vifled  on  oath  of  one  witnefs  before  one  juftice  where  the  offence 
ihall  be  committed;  he  (hall  forfeit  40  j.  by  diftrefs  and  fale  by 
warrant  of  fuch  juftice,  half  to  the  poor,  and  half  to  the  profe- 
CHtor.     9  {5°  10  A,r.  c.  27.  f.  7. 

And  any  perfon  may  feize  and  detnio  any  fuch  hawker,  pedlar, 
petty  chapman,  or  other  trading  perfon,  till  he  produce  his  li- 
cence if  he  have  any,  or  if  he  be  found  trading  without  a  licence, 
for  fuch  reafonable  time  as  he  may  give  notice  to  the  conftable, 
churchwarden,  overfeer,  or  fome  other  parifh  oflicer,  who  fhall 
carry  fuch  perfon  fo  feized  before  a  juftice ;  who  Ihall,  either  on 
confeflion,  on  proof  by  witnefs  upon  oath,  convift  the  offender, 
and  by  his  warrant  caufe  the  fum  of  12/.  to  be  forthwith  levied 
by  diftrefs  and  fale  of  the  offender's  goods,  wares,  or  merchan  - 
dizes.     9^10  //'.  f.  27.  yl  8. 

5.  If  any  perfon  (hall  lend  or  let  out  to  hire  his  licence,  he  and 
a'fo  the  perfon  trafiing  under  colour  thereof,  (hall  forfeit  each  40  /. 
half  to  the  king,  and  half  to  him  that  fhall  fue  in  any  court  of 
record.      3^4  ^/«.  c.  4.  /  4. 

6.  If  any  perfon  fhall  forge  or  counterfeit,  or  travel  with  a 
forged  or  counterfeited  licence;  he  fhall  forfeit  50/.  half  to  the 
king,  and  half  to  him  that  fhall  fue  in  the  courts  at  Wejimirfier, 
and  fhall  alfo  be  liable  to  be  punifhed  for  forgery.     9  ds'  \oW. 

C.27.  r.s-     _         _ 

7.  But  nothing  herein  fhall  prohibit  any  perfon  from  felling 
^£^s  of  parliament,  forms  of  prayer,  proclamations,  gazettes,  li- 
cenfed  almanacks,  or  oiher  printed  papers  licenfed  by  authority  ; 
or  any  fifh,  fruits,  or  vifluals ;  nor  to  hinder  any.  perfon  who  is 
the  real  worker  or  maker  of  any  goods  or  wares,  or  his  children, 
apprentices,  fervants,  or  agents,  from  carrying  abroad,  expofmg 
to  fale,  or  felling  any  of  the  faid  goods  and  wares  of  his  own  ma- 
king, in  any  publick  fair,  market,  or  elfewhere  ;  nor  any  tinker, 
cooper,  glazier,  plummer,  harnefs  mender,  or  other  perfon  ufually 
trading  in  mending  kettles,  tubs,  houfhold  goods,  or  harnefs,  from 
going  about  and  carrying  with  him  proper  materials  for  mending 
the  fame,     g  ^  10  A/^.  c.  27.  f.  9. 

Alfo  perfons  trading  in  the  woollen  and  linen  manufaftures,  and 
felling  the  fame  by  wholefale,  fhall  not  be  deemed  hawkers,  ped- 
lars, or  petty  chapmen.     3^4  -^n-  c-  4-  /•  14- 

Alfo  no  iraker  or  wholefale  trader  in  Englljh  bone  lace,  fhall 
be  deemed  a  hawker,  pedlar,  or  petty  chapman.     4  G.  c  6. 

Alfo  nothing  herein  fhall  extend  to  hinder  any  perfon  from 
felling  any  goods  in  any  publick  fair  or  market.  9  ^"  i  o  W. 
c.  27.  f.  I  2. 

And  nothing  herein  (hall  give  any  power  for  the  licenfing  of 
fuch  perfons  to  fell  any  goods  in  cities,  boroughs,  towns  corporate, 
or  market  towns,  otherwife  than  they  might  have  done  before. 
gisf  10  fF.  f.  27.  /  15. 
Treble  cofls,  ^"  ^^'"'ons  fued  for  any  thing  done  herein,  may  plead  the  ge- 

neral ifl'ue,  and  have  treble  colls.     (^iS  loVy.  c,  27.  /  6. 


Lending  licence! 


Counterfeiting 
licences. 


Exceptions. 


» 


535 


^atufeS  ano  SatDfeins:.   See  dEJamc, 


THE  zW.  Sef.  2.  C.8.  and  8  tf  9  Tf^.  c  17.  do  contain 
regulations  concerning  the  felling  of  hay  within  the  bills 
of  mortality,  which  are  not  general  enough  to  be  here  inferied  at 
large. 

^np0*    See  (!5ame*  . 
5?entlj»    See  csfame* 
S)etiffe  tJ^ealiinr):*    See  22Iaoti* 


IT  fliall  not  be  lawful  to  any  perfon  to  water  any  hemp  or  flax, 
in  any  river,  running  water,  ftream,  brook,  or  other  common 
pond,  where  beads  ufed  to  be  watered  ;  on  pain  that  every  perfon 
offending  (hall  forfeit  20  s.  half  to  the  king,  and  half  to  the  party 
grieved,  or  any  other  who  Ihall  fue  in  any  court  of  record,  leet, 
or  law  day.     33  H.  8.  c.  17, 


IF  any  perfon  fliall  damnify  or  deftroy,  without  con(ent  of  the 
fociety,  any  of  the  nets,  fails,  cordage,  ftores,  or  other  ma- 
terials, belonging  to  the  faid  fociety ;  he  Ihall,  on  convidlion  on 
the  oath  of  one  witnefs  before  one  juftice,  forfeit  to  the  fociety 
treble  value,  by  diltrefs ;  and  for  want  of  fufficient  diftrefs,  to  be 
committed  to  the  houfe  of  correftion  to  hard  labour  for  any 
time  not  exceeding  three  months,  or  till  fatisfaftion  be  made. 
Profecution  to  be  in  fix  kalendar  months.     28  G.  2.  c.  1^.  /.  9. 

j|)itje!Si  aiiD  %Mm.    See  Icatfjer* 

5)iff!)  conffable*    See  ConSable. 

^i0!j  tteafoit*    See  Cceafoiu 

Mm  4  f£>i(s\0m. 


536 


i^tcfDtbafS. 


NO  T  E  J  Bridges  repaired  by  the  pariit  or  townftiip,  and 
which  confequently  come  under  the  cognizance  of  the 
furveyor  of  the  highways,  are  compreliended  under  this  title: 
County  bridges  are  treated  of  under  title  ■315jil)gC0. 

For  the  ordering  of  ftreets  in  cities  and  market  towns,  fee  title 

Mofl:  of  the  books  are  remarkably  confufed  under  this  title ; 
occafioned  by  a  multiplicity  of  ftatutes,  (landing  unrepealed,  and 
yet  altered  perhaps  five  or  fix  times,  or  ofcner,  by  fucceeding  fta- 
tutes. In  order  to  extricate  the  fubjefl  out  of  which  perplexity, 
I  have  endeavoured  to  make  the  heads  of  this  title  lefs  general, 
felefting  the  law  relating  to  each  diftinut  article  by  it  felf. 

But  before  I  defcend  to  particulars,  it  is  proper  to  premife  a 
claufe  in  the  ftatute  of  the  24  G.  2.  c.  43.  which  makes  a  great 
alteration  in  the  whole  law  relating  to  this  title  ;  and  is  as  foU 
lows : 

Whereas  feveral  a£ts  have  been  made,  as  well  for  repairing  and 
amending  divers  publick  roads,  as  for  punifhing  offences  done  or 
committed  upon  or  to  the  highways,  the  good  intentions  whereof 
have  not  been  anfwered,  for  want  of  due  execution  of  the  faid 
laws ;  for  remedy,  and  as  a  further  encouragement  to  informers. 
All  penalties  and  forfeitures  impofed  by  this  or  any  former  aft, 
fhall  be  wholly  given  to,  and  veiled  in  the  informer  or  perfon  who 
fhall  fue  for  the  fame,  who  may  fue  for  and  recover  the  fame  in 
the  fame  manner  as  they  are  directed  to  be  fued  for  and  recovered 
by  the  faid  ftatutes  refpedively  ;  or  otherwife  by  aftion  at  law, 
in  any  of  the  courts  of  record  at  Wejiminfiery  in  manner  follow- 
ing, wiz.  Where  an)'  perfon  fhall  be  liable  to  a  pecuniary  penalty, 
the  fame  may  be  fued  for  hy  aifiion  of  debt,  in  which  it  fhall  be 
fufficient  to  declare,  that  the  defendant  is  indebted  to  the  plaintiff 

in  the  fum  of' being  forfeited  by  an  a£l  intided  — — — 

And  where  the  forfeiture  is  of  any  horfe,  or  other  goods,  by  an 
aftion  of  trover,  in  which  the  value  of  fuch  horfe  or  other  goods 
liable  to  the  forfeiture  fhall  be  given  in  damages,  without  any 
feizure  or  demand  thereof:  And  the  plaintiff,  if  he  recovers, 
fhall  have  double  cofts.  Provided,  there  fhall  not  be  more  than 
one  recovery  for  the  fame  offence ;  and  that  no  a£lion  be  brought 
by  virtue  of  this  adl,  in  any  of  the  faid  courts,  unlefs  it  be  brought 
before  the  end  of  fix  calendar  months  after  the  offence  committed. 
/ii. 

This  being  premifed,  T  fhall  reduce  the  other  laws  concerning 
highways,  under  the  following  heads  ; 

/  What  is  a  highway. 

II.  Concerning  the  fpedal  fejficns  for  the  highways. 

III.  A^pmntment  oj  the  furveyor. 

IV.  Surveyor's, 


^rfiDtbaps*  537 

IV.  Surveyor's  general  duty  on  acceptance  of  his  office* 

V.  Who  Jhall  repair. 

VI.  The  proportion  of  labourers  and  carriages. 

VII.  Providing  materials. 

VIII.  Concerning  the  fix  days  work. 

IX.  Of  annoyances  in  general. 

X.  Ditches  adjoining  to  the  highway, 
XL  Water  in  the  highway. 

XII.  Hedges  adjoining  to  the  highway. 

XIII.  Wood  growing  in  the  highway. 

XIV.  Straw,  dungy  Jiones,  timber^  laid  in  the  high- 

way. 

XV.  Gate  erected  acrofs  the  highway. 

XVI.  Nufance  by  an  unlawful  number  of  horfes  or 

beafts  in  carriages. 
XVII  Nufance  by  unlawful  breadth  and  tire  of  wheels^ 

XVIII.  Nufance  of  riding  upon  carriages^   or  the 
drivers  otherwife  misbehaving. 

XIX.  Pulling  up  blocks  in  the  highway, 

XX.  Concerning  guide  pofls. 

XXI.  Breadth  and  widening  of  highways. 

XXII.  hands  given  to  repairing  highways. 

XXIII.  JJfeJfment  for  the  repair  of  highzuays. 

XXIV.  In  what  cafe  the  whole  parifh  floall  be  con- 
tributary. 

XXV.  Further  provifion  for  the  fame  by  the  common 

law. 

XXVI.  Prefentment  or  indiSfment  of  the  highways, 
in  general. 

XXVII.  Prefentment  by  ajuftice  on  his  own  view. 

XXVIII.  Power  of  the  leet  to  punip  offences. 

XXIX.  Fines  and  the  difpofal  thereof, 

XXX.  Surveyor's  account, 
XXXL  Appeal 
JXXIL  Certiorari. 
MXIIL  Turnpikes, 

I  What 


538  i^tgljttavs. 


/.  What  is  a  highway. 

Three  kinds  of  I-  Therc  are  three  kinds  of  ways ;  i.  A  foot  way,  2,  A  foet 
highways.  and  horfe  way,  which  is  alfo  a  pack  or  drift  way.     3.  A  foot, 

ho:fe,  and  cart  way.      i  hj}.  56. 
Difference  be-  2.    It  fecmeth  that  any  one  of  the  faid  ways,  which  is  common 

tween  a  highway  to  all  the  king's  people,  whether  it  leads  di redly  to  a  market 
»nd  a  pmate  towp,  or  only  from  town  to  town,  and  does  not  terminate  there, 
^'^^'  but  is  alfo  a  thoroughfare  to  other  towns,  may  properly  be  called 

a  highway.  And  therefore  the  diftindlion  which  is  taken  in  fome 
books,  concerning  this  matter,  feems  to  be  very  reafonable ;  that 
every  way  from  town  to  town  may  be  tailed  a  highway,  becaufe 
it  is  common  to  all  the  king's  fubjefts  ;  and  confequently  that  a 
nufance  therein  is  a  common  nufance,  and  punifhable  by  indift- 
ment :  but  that  a  way  to  a  parifli  church,  or  to  the  common  fields 
ef  a  town,  or  to  a  private  houfe,  or  perhaps  to  a  village  which 
terminates  there,  and  is  for  the  benefit  of  the  particular  inhabi- 
tants of  fuch  parifh,  houfe,  or  village  only,  may  be  called  a  pri- 
vate way,. but  not  a  highway,  becaufe  it  belongeth  not  to  all  the 
king's  fubjeds,  but  only  to  fome  particular  perfons,  each  of  which, 
as  it  feems,  may  have  an  aflion  on  the  cafe  for  a  nufance  therein. 
I  Ha^M.  201. 
Hew  far  outlets  3.  It  hath  been  holden,  that  if  there  be  an  highway  in  an  open 
are  part  of  ihe  field,  and  the  people  have  ufed  time  out  of  mind,  when  the  ways 
highway.  ^^.^  j^^j^  ^^  ^^  l^^  Outlets  on  the  land  adjoining,  fuch  outlets  are 

parcel  of  the  way ;  for  the  king's  fubjeds  ought  to  have  a  good 
paffage,  and  the  good  paffage  is  the  way,  and  not  only  the  beatea 
track  ;  from  whence  it  follows,  that  if  fuch  outlets  be  fown  with 
corn,  and  the  beaten  track  be  foundrous,  the  king's  fubjeds  may 
jaftify  going  upon  the  corn,  i  Hanv.  201. 
How  far  a  river  4.  Jn  books  of  the  beft  authority,  a  river  common  to  all  men 
may  be  an  high-  is  called  an  highway,      i  Haiv.  201. 

'^^y-  5.   It  feemeth  to  be  agreed,  that  an  ancient  highway  cannot  be 

Highway  changed,  without  the  king's  licence  firfl:  obtained  upon  a  writ  of 

*"^    '  ad  quod  davmum,    and  an  inquifition  thereon  found,    that  fuch  a 

change  will  not  be  prejudicial  to  the  publick  ;  and  it  is  faid,  that 
if  one  change  a  highway  without  fuch  authority,  he  may  Hop  fhe 
new  way  whenever  he  pleafes ;  and  it  feemeth,  that  the  king's 
fubjeds  have  not  fuch  an  intereft  in  fuch  new  way,  as  will  make 
good  a  general  juftification  of  their  going  in  it  as  a  common 
highway,  but  that  in  an  adion  of  trefpafs  brought  by  the 
owner  of  the  land,  againft  thofe  who  fhall  go  over  it,  they 
ought  to  fhew  fpecially,  by  way  of  excufe,  \\o\v  the  old  way 
was  obltruded,  and  the  new  one  fet  out ;  alfo  it  is  faid,  that  the 
inhabitants  are  not  bound  to  keep  watch  in  fuch  a  new  way,  or  to 
make  amends  for  a  robbery  therein  committed,  or  to  repair  it. 
I  Han-v.  201. 

But  by  the  8  y  9  W.  c.  16.  Where  any  highway  fhall  be  in- 
clofed,  afcer  a  wri:  of  ad  quod  damnum  iffued,  and  inquifition 
thereupon  taken,  any  perfon  aggrieved  by  fuch  inclofure  may 
complain  thereof  by  appeal  to  the  next  quaiter  feffions,  whofe  dc- 

terminatloa 


i^i'sUtbars.  539 

termination  {hall  be  final ;  and  if  no  appeal  be  made,  the  Inquifi- 
tion  and  return,  entred  and  recorded  by  the  clerk  of  the  peace  at 
the  quarter  feflions,  fhall  be  binding  to  all  perfons.    f.  6. 

However  ic  is  certain,  that  a  highway  may  be  changed  by  ths 
aft  of  god  ;  and  therefore  it  hath  been  holdcn,  that  if  a  water 
which  has  been  an  ancient  highway,  by  degrees  changes  its  courfe, 
and  goes  over  different  ground  from  that  whereon  it  ufed  to  run, 
yet  the  highway  continues  in  the  new  channel,  in  the  fame  man- 
ner as  in  the  old.      i  Haiv.  202. 

6.  The  freehold  of  the  highways  is  in  him  that  hath  the  free-  "^^  vvhom  the 
hold  of  the  foil ;  but  the  free  paflage  is  for  aU  the  king's  liege  f'''t^°''*  f  « 

.  r   a  r         O  t>  6      highvvay  be- 

people.      2  hji.  705.  _  Icnscth. 

H.  8  G.  2.  Sir  John  Lade  againft  Shepherd.  Upon  trial  of  ari 
aftion  of  trefpafs,  a  cafe  was  made ;  that  the  place  where  the  fup- 
pofed  trefpais  was  committed,  was  formerly  the  property  of  the 
plaintiff,  who  fome  years  f nee  built  a  llreet  upon  it,  which  has 
ever  fmce  been  ufed  as  a  highway  ;  that  the  defendant  had  lands 
contiguous,  parted  only  by  a  ditch,  and  that  he  laid  a  bridge  over 
the  ditch,  the  end  whereof  retted  on  the  highway.  And  it  was 
infilled  for  the  defendant,  that  by  plaintiff's  making  it  a  ftreet,  it 
was  a  dedication  of  it  to  the  publick  ;  and  therefore  however  he 
might  be  liable  to  an  indidment  for  a  nufance,  yet  the  plaintiff 
could  not  fue  him  as  for  a  trefpafs  on  his  private  property.  But 
by  the  court ;  It  is  certainly  a  dedication  to  the  publick,  fo  far  as 
the  publick  has  occafion  for  it,  which  is  only  for  a  right  of  paf- 
fage  :  but  it  never  was  underftood  ro  be  a  transfer  of  the  abfolutc 
property  in  the  foil.     So  the  plaintiff  had  judgment.     Str.  1004. 

II.  Concerning  the  fpecial  fejfwns  for  the  highzvays.     Special  fcffions. 

T.  Thejuftices,  in  their  refpeftive  divifjons,  fhall  once  in  four 
months  (on  pain  of  5/.)  hold  a  fpecial  felHons  for  the  highways, 
and  fhall  thereunto  fummon  all  the  furveyors,  and  give  them  a 
charge,  and  declare  unto  them  their  duty.     3  ?f' .  c.  \z.  f.  (),  11. 

2.  And  one  of  the  faid  fefhons  fhall  be  holden  on  Jan.  3. 
yearly,  or  within  15  days  after.     3  W.  c.  12.  /.  3. 

III.  Appcintment  of  the  furveyors.  Surveyors  ap- 

'  pointed. 

1.  On  Dec.  26.  yearly,  unlefs  it  be  Sunday,  and  then  on  the 
zjth,  the  conftable,  chu'ch wardens,  furveyors  of  the  highways, 
and  inhabitants  in  every  parifh,  fhall  affemble,  and  the  major 
part  of  them  fhall  make  a  lift  of  the  names  of  a  competent  num- 
ber of  the  inhabitants  in  their  parifh,  who  have  an  eftate  in  lands, 
tenements,  or  hereditaments  in  their  own  or  their  wives  right,  of 
10/.  a  year,  or  a  perfonal  eftate  of  the  value  of  100/.  or  are 
occupiers  or  tenants  of  houfes,  lands,  tenements,  or  heredita- 
ment?, of  30/.  a  year,  if  any  fuch  there  be,  or  if  there  be  no 
fuch  perfons  in  the  parifh,  then  the  faid  lift  to  be  of  the  moft  fuf- 
iicient  inhabitants.     3  /^.f^.  c.  12.  /  3. 

2.  And  fhall  return  fuch  lift  to  the  fpecial  fefHons  to  be  held 
for  that  purpofe  within  the  divifton,  on  Jan.  3.  or  within  15  days 

after  i 


S40  ^ig,\)Vo^vs> 


after ;  of  the  time  and  place  of  which  fefllons  fo  to  be  holden, 
the  faid  juftices  fhall  give  notice  {  A  )  to  the  conftables,  church- 
wardens, and  furvcyors,  at  leafl  ten  days  before.     3  W^  c.  12. 

3.  And  if  the  conftables,  churchwardens,  and  furveyors  fliall 
not  return  fuch  lift,  every  of  them  making  default  fliall  forfeit  20/. 
by  diftrefs,  by  warrant  of  two  of  the  faid  juftices,  or  in  default 
thereof,  of  any  neighbouring  juftices.     ^  W.  r.  12. /.  4. 

4.  And  the  faid  juftices  (hall  then  and  there,  out  of  the  faid 
lifts,  according  to  their  difcretion,  and  the  largenefs  of  the  parifti, 
by  warrant  under  their  hands  and  feals  (B),  nominate  and  appoint 
one,  two  or  more,  as  they  ftiall  think  fit  and  approve  of,  to  be  (ur- 
veyor  or  furveyors  of  Xhe  highways  of  every  parifti  or  town  within 
the  divifion  for  the  year  enfumg.     3  H^.  c  12.  /  3. 

5.  Which  nomination  and  appointment  fhall  by  the  conftables 
or  furveyors  be  notified  to  the  perfon  fo  nominated,  within  fix 
days  after  fuch  nomination,  by  ferving  him  with  the  faid  warrant, 
or  by  leaving  the  fame,  or  a  true  copy  thereof,  at  his  houfe  or 
ufual  place  of  abode ;  and  from  thenceforth  he  ftiall  be  furveyor. 

3;r.  ..  12./3. 

6.  If  he  ftiall  not  take  upon  him,  and  execute  the  oftice,  he 
(hall  forfeit  5  /.  in  like  manner.      3  W.  c.  \z,  f.  3. 

7.  And  in  cafe  of  fuch  negledt  or  refufal,  the  faid  juftices  ftiall 
appoint  others  in  like  manner,  who  ftiall  execute  the  ofiiccj  on  the 
like  penalty.      3  W.  c.  12.  J.  3. 

IV,  Surz^eyor^s  general  duty  on  acceptance  of  his  ofice. 
iVeceivmg  the  j .  He  ftiall  rcceivc  what  money  remained  in  his  predeceflTor's 

former furveyor's  j^^^jj        ^j^.    ^.  I  2.  /  9. 

^,  ,      '  I.  He  ftiall  within  14  days  after  acceptance  of  his  oftice,  and 

Miking  a  furvey  f     r  ■  ■  r  1  r  -r-j 

of  theioids.        '°  'rem  time  to  time  every  four  months,  or  ortner,  it  required 

thereunto  by  warrant  of  two  juftices,  view  all  the  r6ads,  common 
highways,  bridges,  caufeways,  pavements,  hedges,  ditches,  and 
watercourfes  appertaining  to  fuch  highways,  together  with  all 
nufances,  or  incroachnients  thereupon,  and  give  a  particular  and 
true  account  in  writing  upon  oath,  of  the  ftate  and  condition  of 
all  fuch  highways,  and  more  efpecially  of  fuch  faults  and  defeats 
as  want  to  be  repaired,  and  of  the  neglefts  of  labourers,  to  the 
ne.xt  fpecial  feftions,  to  the  end  that  the  faid  accounts  may  be 
carefully  preferved,  and  that  at  all  future  feflions  the  juftices  of 
the  divifion  may  have  full  ir,formation  of,  and  may  be  able  to  exa- 
mine into  the  particular  ftate  and  condition  thereof:  And  if  he 
ftiall  negleft  to  give  fuch  account,  he  ftiall  forfeit  5  /.  by  diftrefs, 
by  warrant  of  two  juftices  of  the  divifion,  or  in  default  thereof, 
of  any  neighbouring  juftices.  i  G.  Jl.  z.  c.  52.  /.  2. 
For  which  oath  no  (ee  ftiall  be  taken.  /  1 1, 
Penalty  for  ncg-  3-  And  there  is  a  general  penalty  of  40  s.  laid  on  him  by  the 
kdoi  duty.  afts  of  3  W.  c.  12.  and  i  G.  7?.  2.  <-.  52.  for  any  neglect  of 
his  duty,  on  either  of  the  faid  adts,  to  be  levied  in  like  manner. 


V.  Wh 


V.  IVho  Jhall  repair. 

It  leems  to  be  agreed,  that  of  common  right  (that  is,  by  the  Parifh  in  general 
common  law)  the  general  charge  of  repairing  all  highways  lies  on  ^^  rcpaJr. 
the  occupiers  of  the  lands  in  the  parilh  wherein  they  are  :    But 
there  is  no  doubt,  but  particular  perfons  may  be  biirdened  with 
the  general  charge  of  repairing  a  highway,  in  two  cales : 

1 .  In  refpeft  of  an  inclofure  of  the  land  wherein   it  lies ;  as  Repairing  in  re- 
where  the  owner  of  lands  not  inclofed,  next  adjoining  to  the  high-  'P^'^  ^^  *"  "** 
way,  inclofeth  his  lands  on  both  fides  thereof;  in  vvhich  cafe,  he 

is  bound  to  make  a  perfcdl  good  way,  and  fhall  not  be  excufed  for 
making  it  as  good  as  it  was  at  the  time  of  the  inclofure,  if  it 
were  then  any  way  defeflive;  becaufe,  before  the  inclofure,  the 
people  ufed,  when  the  way  was  bad,  to  go  for  their  better  pafTage, 
over  the  fields  adjoining,  out  of  the  common  trad,  which  liberty 
is  taken  away  by  the  inclofure.      i  Haiu.  202. 

And  if  the  way  is  not  fufficient,  any  paflenger  may  break  down 
the  inclofure,  and  go  over  the  land,  and  juftif^  it,  till  a  fufficient 
way  is  made.      3  Salk.  182. 

Alfo  it  hath  been  holden,  if  one  inclofe  land  on  one  fide,  which 
hath  been  anciently  inclofed  of  the  other  fide,  he  ought  to  repair 
all  the  way  ;  but-4f  there  be  not  fuch  an  ancient  inclofure  of  the 
other  fide,  he  ought  to  impair  but  half  that  way ;  and  it  is  faid, 
that  wherever  one  is  bound  to  repair  a  highway,  in  refpedl  of  an 
inclofure,  and  lays  it  open  again  as  it  was  before,  he  fhall  be  freed 
from  the  charge  of  repairing  it.      i  Hatv.  202. 

2.  A  particular  perfon  may  be  bound  to  repair  a  highway,  in  Repairing  ty 
refpedl  of  a  prefcription  ;  and  it  is  faid,  that  a  corporation  aggre-  prefcription. 
gate  may  be  compelled  to  do  it,  by  force  of  a  general  prefcrip- 
tion, that  it  ought  and  hath  ufed  to  do  it,  without  fhewing  that  it 

ufed  to  do  fo  in  refpeft  of  the  tenure  of  certain  lands,  or  for  any 
other  confideration ;  becaufe  fuch  a  corporation  in  judgment  of 
law  never  dies,  and  therefore  if  it  were  ever  bound  to  fuch  a 
duty,  it  muft  needs  continue  to  be  always  fo ;  neither  is  it  any 
plea,  that  fuch  corporation  hath  always  done  it  out  of  charity,  for 
what  it  hath  always  done,  it  fiiall  be  prefumed  to  have  been  al- 
ways bound  to  do :  but  it  is  faid,  that  a  perfon  cannot  be  charged 
with  fuch  a  duty,  by  a  general  prefcription  from  what  his  anceftors 
have  done,  unlefs  it  be  for  fome  fpecial  reafon,  as  the  having  land 
defcendcd  from  fuch  anceltors,  which  are  holden  by  fach  like  fer- 
vice.      1  Hanv.  202. 

Yet  it  feems,  that  an  indidlment  charging  a  tenant  in  fee  fimple, 
with  having  ufed  of  right  to  repair  fuch  a  way  by  reafon  of  the 
tenure  of  his  land,  is  certain  enough,  without  adding,  that  his 
anceftors  or  thofe  whofe  eftate  he  hath,  have  always  fo  done ;  for 
that  is  implied,      i  Ha'vj.  203. 

But  the  indictment  muft  fet  forth,  where  thofe  lands  lie. 
2H.  H.  181. 


ri  The 


542  ^iiiViV0iXv3, 

VI.  The  proportion  of  labourers  and  carriages: 

Proportion  of  i .   Every  perfon,  for  every  plooghland  in  tillage  or  pafture  that 

Jabeuf.  j,g  Qjjjjl  occupy  in  the  parifli,  fhall  find  and  fend  at  every  day  and 

place  appointed,  one  wain  or  cart,  furniflied  after  the  cuitonti  of 
the  country  with  oxen,  horfes,  or  other  cattle,  and  all  other  nc- 
celTaries  meet  to  carry  things  convenient  for  that  purpofe,  and 
alfo  two  able  men  with  the  fame.     2  (if  3  ?.  iff  ilf.  r.  8.  /.  2. 

Every  peyfiti]  It  hath  been  holden,  that  perfons  in  holy  orders 
are  within  the  purview  of  thefe  ftatutes,  in  refpedt  of  their  fpiri- 
tual  pofleffions,  as  much  as  any  oiher  perfons  whatfoever  in  refpeft 
of  any  other  pofTefTions ;  for  the  words  are  general,  and  there  is 
•\  no  kind  of  intimation  that  any  particular  perfons  fhall  be  exempted 
inore  than  others,      i  Haiv.  204. 

For  every  plQughlavd'\  Therefore  if  he  occupies  and  keeps  in 
his  poffeflion  feveral  ploughlands  in  feveral  towns,  he  (hall  be 
charged  to  find  in  each  town  or  pariila  where  fuch  ploughlands  do 
lie,  one  cart  or  carriage,  in  like  manner  as  if  he  were  ^  parifhioner 
in  the  feveral  pariflies.      18  EL  c.  10.  f.  4. 

Ploughland'\  By  the  y  ^  S  W.  c.  29.  A  ploughland,  as  to  re- 
pairing highways,  is  limited  to  50/.  a  year. 

T/jai  he  Jhall  occupy]  It  hath  been  holden,  that  notwithftanding 
the  words  of  the  llatute  extend  only  to  the  occupiers  of  land,  yet 
if  the  owner  neither  occupy  them,  not  let  them,  but  fufFer  them 
to  lie  frefh,  he  fliall  be  charged  as  much  as  if  he  had  occupied 
them  ;  for  there  is  no  reafon  that  the  publick  Ihould  fufFer  for  his 
negligence.     I  Haiv.  204. 

In  the  parip]  And  if  he  (hall  occupy  a  ploughland  lying  in  fe- 
veral parifhes,  he  Ihall  be  chargeable  within  the  parifh  where  he 
dwelleth,  in  like  manner  as  a  perfon  having  a  ploughland  in  any 
one  parifh.      18  El.  c.  10.  /  3. 

2.  Alfo  every  perfon  keeping  a  draught  or  plough  in  the  parifh, 
/hall  find  and  fend  one  wain  or  cart  in  like  manner,  with  two  able 
men.     zijf  o,  P.  i^  ?4.  c.  8.  /.  2. 

And  it  hath  been  holden,  that  he  who  keeps  feveral  draughts  in 
a  parifh,  is  bound  to  fend  a  team  for  each  draught,  whether  he 
occupy  any  land  in  the  parifh  or  not.      i  Havu.  204. 

3.  And  where  there  is  no  ufe  of  carts  and  teams  for  amending 
of  highways,  but  the  ufage  is  to  carry  materials  on  horfes  backs  or 
any  other  kind  of  carriage ;  the  inhabitants  fliall  fend  fuch  horfes 
or  carriages,  with  able  perfons  to  work  with  the  fame,  under  the 
like  penalty  as  for  carts  and  teams.      22  C.  2.  c.  \z.  f.  8. 

4.  And  if  the  faid  carriages  fhall  not  be  thought  needful  by  the 
furveyor,  then  the  perfon  that  fhould  have  fent  fuch  carriage,  fhall 
for  every  carriage  fo  fpared,  fend  two  able  men.  2  ^  3  P.  dsf  Af. 
C.8. /2. 

5.  Moreover,  befides  thofe  perfons  who  are  obliged  to  fend  car- 
iiage,«,  every  other  perfon  {except  in  London)  that  fhall  be  afi'efled 

to 


1 


]^t'Sl)ttJapS.  543 

to  the  payment  of  any  fubfidy,  to  5  /.  in  goods,  or  4.0  s.  in  lands, 
fhall  End  two  able  men.      18  E/.  c.  10.  f.  2. 

6.  And  ':\z:y  other  houfholder,  cottager,  and  Isbourer,  able 
to  labour,  a>.d  being  no  hired  fervant  by  the  year,  fhall  by  him- 
felf  or  one  i.:inc:ent  labourer,  work  on  the  faid  days.  2  ^  3  P. 
tf  M.  c.  8./.  2. 

VIL    'Providing  materials. 

1.  The  furveyor  may  take  and  carry  away  of  the  rubbifh  or  ^"''^^''"' ""f 
fmallert  broken  i::nes  of  any  quarry  within  the  p7iri(h,  without  li-  "^^j^.^'^tu-n^'^. 
cence,  controulment,  or  impeachrrienc  of  the  owner,  lo  much  as  he 

fhall  j'ldge  neccflary  for  repairing  the  ways.      5  El.  c.  x^.  f.  3. 

But  he  may  not  caufe  any  ruhbiili  tc  be  digged  out  of  a  quarry, 
but  only  fhall  have  fuch  as  fhall  be  found  there  ready  digged  by 
the  owner  or  his  order,    f.  4. 

2.  And  for  default  of  any  quarry,  not  being  within  his  limits,  ^^^v  gather 
or  in  default  of  rubbifh   not  to  be  found  there,  he  may  gather  "•'^""* 
ftones  lying  upon  any  grounds  within  the  parifli,  and  meet  to  be 

ul'ed  for  fuch  purpofe  ;  and  thereof  take  and  carry  away  fo  much 
as  by  his  difcretion  fhall  be  thought  neceffary  to  be  employed  in 
the  amendment  of  the  highways.      5  El.  <:.  13.  /  3. 

3.  Likewife  in  default  of  fuch  quarry,  or  in  defaalt  of  fuch  May  <3ig  fw 
rubbifh  in  any  fuch  quarry,  he  may  in  the  feveral  grou;id  of  any  S"^*^"* 
perfon  within  his  limits,  and  nigh  adjoining  to  the  highway,  and 
wherein  gravel,  fand,  or  cinders  are  likely  to  be  found,  dig  or 

caufe  to  be  digged  for  them,      r:,  El.  c.  i  3.  /  3. 

But  he  may  not  dig  for  the  fjme,  in  any  man's  houfc,  garden, 
orchard,  or  meadow,     id.  f.  4. 

Nor  fhall  he  caufe  any  more  pits  to  be  digged  for  gravel,  in 
any  feveral  and  inclofed  ground  than  one  only,  nor  fhiill  the  pit 
be  in  length  or  breadth  above  ten  yards  over  ;  and  he  fhall  within 
a  month  caufe  the  pit  to  be  filled  with  earth  at  the  cofts  of  the  pa 
rifhioners ;  on  pain  of  forfeiting  to  the  owner  of  the  foil,  five 
marks,  to  be  recovered  by  aftion  of  debt.     id.  f.  4. 

And  by  the  26  G.  2.  c.  28  If  any  perfon  fhall  by  reafon  of 
getting  any  gravel,  fand,  flones,  chalk,  or  other  materials,  for 
repairing  any  highway,  or  for  any  other  purpofe  whatfoever, 
make  or  caufe  to  be  made  any  pit  or  hole  in  any  common,  hearh, 
or  wafte  ground,  he  fhall  forthwith  caufe  the  fame  to  be  fufii- 
ciently  fenced  off  during  fuch  time  as  it  fhall  be  continued  open, 
and  fhall  wiihin  14  days  after  digging  for  fuch  materials  in  fuch 
pit  or  hole,  caufe  the  fame  to  be  filled  up,  floped  down  or  fenced 
oft,  and  fo  continued ;  and  if  he  fhall  not  fill  up,  flope  down  or 
fence  off  the  fame,  and  keep  the  faiJ  fence  fiom  time  to  time  in 
good  repair,  one  juflice  on  view,  or  oath  of  one  witnefs,  may  or- 
der him  to  fill  up,  properly  flcpe  down,  or  fence  off  the  fame, 
and  where  any  fence  fhall  be  fet  up  may  order  the  fame  to  be  re- 
paired ;  and  if  he  fhall  not  comply  with  fuch  order  in  ten  days 
after  his  receipt  thereof,  or  the  fame  being  left  at  his  ufual  phce 
of  abode,  and  due  proof  being  made  upon  oath  before  any  one 
juftice,  oi  the  offence  committed,  of  the  fervice  of  foch  order, 

and 


5+4  J^fflljtbapjsf. 


and  of  th»  rcfufal  or  neglcdl  to  comply  therewith,  fuch  perfoM 
fhall  forPHt  not  exceeding  lo/.  nor  lefs  than  40  j.  to  be  laid  out 
in  filling  up,  Hoping  down,  or  fencing  off  the  fame,  and  towards 
the  repair  of  the  roads  in  the  parifli  or  place  where  the  offence 
fhall  be  committed,  and  in  fuch  manner  as  the  juftice  fhall  direft  j 
which,  if  not  forthwith  paid,  ihall  be  levied  by  diftrcfs,  by  war- 
rant of  fuch  julHce. 
May  purchafe  4.  And  whereas  divers  parilhes  and   townfhips  have  not  any 

niatenali.  gravel.  Hones,  quarries,  nor  other  materials,  fit  for  repairing  high- 

ways, and  the  furveyor  is  forced  to  lay  out  his  own  money  for 
buying  the  fame,  it  is  enaded,  that  upon  notice  given  by  the  fur- 
veyor to  the  fpecial  feifions,  and  oath  made  of  what  fum  he  hath 
laid  out,  the  juftices  there,  or  two  of  them,  fhall  by  warrant  un- 
der their  hands  and  feals  caufe  an  equal  rate  to  be  made  for  re- 
imburfmg  the  furveyor,  according  to  the  method  of  the  poor  rate 
prefcribed  by  the  43  El.  c.  2.  which  rate  being  confirmed  and  al- 
lowed by  the  faid  juftices  in  their  fpecial  feifions,  fhall  be  collefted 
by  the  furveyor ;  and  if  any  perfon  refufc  to  pay,  it  fhall  be  le- 
vied by  the  furveyor  by  diftrefs.     3  i^.  c.  \z.  f.  13. 

And  if  the  jurtices  refule  to  make  a  rate,  they  are  compellable 

by  mandamus  from  the  king's  bench,  on  affidavit  of  the  money 

,  having  been  laid  out ;  and  the  mandamus  fhall  be  directed  to  the 

juftices  of  the  county,  and  ferved  on  thofe  of  the  private  fe^ions. 

I  Haiu.  206. 

Six  days  labour.  VIIl.  Coftcemifig  the  fix  days  work. 

1.  The  furveyor  fhall  appoint  fix  days,  for  the  providing  flones, 
gravel,  and  other  materials  as  aforefaid,  and  for  working  in  the 
highways,  having  refpeft  to  the  feafon  of  the  year,  and  the  wea- 
ther, and  giving  notice  publickly  fome  convenient  time  before  the 
feveral  days.      22  C  2.  c.  12.  /  12. 

2.  And  the  jallices  at  the  fpecial  feffions,  by  writing  under 
their  hands  and  feals  may  order  the  reparation  of  thofe  great  roads 
which  do  moll  want  repair,  to  be  firlt  amended,  and  at  what 
time,  or  in  what  manner,  the  fame  fhall  be  performed ;  accord- 
ing to  which  order  the  furveyor  fhall  proceed ;  and  if  they  make 
no  fuch  order,  then  according  as  to  the  furveyor  fhall  fecm  moft 
needful:  And  he  fliall  take  care,  as  far  as  pofTible,  that  the  work 
be  perfeded  before   the  time  of  harvefl.       i  G.  Jl.  2.    c.  52. 

/•  3.  4- 

3.  At  the  faid  feveral  days  fo  appointed,  all  perfons  liable  fhall 

attend  and  work.     22  C.  2.  c.  i?,.  /  12. 

4.  And  every  perfon  and  carriage  fhall  have  with  them  fuch 
fhovels,  fpades,  picks,  mattocks,  and  other  tools  and  inftruments, 
as  they  make  their  own  ditches  and  fences  with,  and  fuch  as  are 
neceffary  for  the  v\ork.      2  {if  3  F.  dff  AI.  c.  8.  /.  2. 

5.  And  they  fhall  work  eight  hours  each  d;!y,  unlefs  they  be 
Otherwife  licenfed  by  the  furveyor.      zilf  1  P.  U  M.  c.  8.  /.  2. 

6.  And  if  any  perfon  fhall  fail  to  make  his  refpeflive  days  la- 
bour, or  neglecl  to  fend  his  hcrfcs  and  carriages,  the  furveyor  fhall 
give  an  acc«unt  thereof  in  writing  on  oath  to  the  fpecial  kd.ons, 

ar.d 


1 


I 


545 

and  two  jaftices  there  may  levy  by  diftrefs  and  fale  of  the  goods  of 
iuch  defaulter  (not  having  a  reafonable  excufe  to  be  allowed  by  the 
laid  juHices)  for  every  day  labourer  \  s.  bd.  for  a  man  and  horfe 
3  J.  for  a  cart  with  two  men  los.  each  day.  22  C.  2.  c  i  2.  y7  9. 
1  G.  fl.  2.  c.  52.  /  2.  Or  the  leet  may  inquire  thereof,  by  hne 
and  eflreat.     2&  0,  P.^  M.  r.  8.  /.  2. 

IX.    Of  annoyances  in  general.  Annoyances  ani 

removal  thereof. 

1.  There  is  no  doubt,  but  that  all  ir.juries  whatfoever  to  any 
highway,  as  by  digging  a  ditch,  or  making  a  hedge  overthwart  it, 
or  laying  logs  of  timber  in  it,  or  by  doing  any  other  afl,  which 
will  render  it  lefs  commodious  to  the  king's  people,  are  publick 
nufances  at  common  law.      i  Haiv.  212. 

2.  And  by  the  common  law  any  one  may  abate  a  nufance  to  a 
highway,  and  remove  the  materials,  but  not  convert  them  to  his 
own  ufe.     I  Haix:.  214. 

3.  Alfo  it  feemeth,  that  an  heir  may  be  indided  for  dontlnuing 
an  incroachment,  or  other  nufance  to  a  highway,  beg-un  by  his 
anceftor  ;  becaufe  fuch  a  continuance  thereof  amounts  in  the  judg- 
ment of  law  to  a  new  nufance.      1  Ha'w.  214. 

4.  And  by  the  ftatute  of  the  3  PF.  c.  12.  /  8.  If  fuch  annoy- 
ances fhall  not  be  removed  and  amended  within  30  days  after  no- 
tice given  in  the  church  immediately  after  fermon,  by  the  furveyor, 
he  fhall  within  30  days  remove  and  amend  the  fame,  and  difpofe 
thereof  for  the  repair  of  the  highways.  And  he  fhall  be  reim- 
burfed  what  charges  he  fliall  be  at  in  fo  doing,  by  the  parties  who 
fhould  have  done  the  fame  ;  and  if  they  Ihall  upon  demand  refufe 
or  negled  to  pay  the  fame,  the  furveyor  fhall  apply  to  a  juftice  of 
the  divifion,  and  in  default  thereof  to  a  neighbouring  jullice  of 
the  county,  and  upon  his  making  oath  before  fuch  julHce  of  the 
notice  to  the  defaulter  in  manner  aforefaid,  he  fhall  be  repaid  all 
fuch  his  charges  as  fhall  be  allowed  to  be  reafonable  by  the  faid 
jullice,  to  be  levied  by  diilrefs. 

5.  And  by  the  i  G".  y?.  2.  c  52.  If  they  fhall  not  be  removed 
in  30  days,  after  due  notice  thereof  given  by  the  furveyor;  the 
offender  fhall  forfeit  any  fum  not  exceeding  5  /,  nor  under  20  j.  to 
be  levied  by  warrant  of  the  juflices  at  the  fpecial  feffions,  by  di- 
llrefs.    /  8. 

X.  Ditches  adjoining  to  the  highway.  cjtches, 

1.  To  fufFer  the  ditches  adjoining  to  a  highway  to  be  foul,  by 
reafon  whereof  it  is  impaired,  is  a  nufance  at  common  law. 
I  Hanx}.  212. 

^  2.  And  it  is  faid,  that  he  who  hath  lands  next  adjoining  to  a 
highway,  is  bound  of  common  right  to  fcour  his  ditches :  But  it 
is  faid,  that  he  who  hath  lands  next  adjoining  to  fuch  lands,  is  not 
bound  by  the  common  law  fo  to  do,  without  fome  fpecial  pre- 
fcription  for  that  purpofe.     i  Havj.  21 1.  ? 


Vol.  I.  Na  3.  Ar.a 


546  i|i'gl)tbai>5. 


3.  And  by  the  ftatute  of  the  5  El.  c  13.  /  7.  The  ditches 
next  adjoining  to  the  highway  fhall  be  fcoured  by  the  owner  of  the 
foil  which  (hall  be  inclofed  with  the  fame. 

4.  And  by  the  i  G.  fi.  2.  c.  52.  If  any  perfon  who  ought  to 
fcour  and  keep  open  ditches,  adjoining  to  the  highways,  (hall  cot 
amend  the  fame  in  30  days  after  due  notice  from  the  furveyor,  or 

>-  fhall  leave  the.  earth  of  ditches  fcoured  in  the  highways  for  the 

fpace  of  eight  days,  he  fhall  (on  oath  being  made  thereof  at  the 
fpecial  fefhons  by  the  furveyor)  forfeit  for  every  eight  yards  of 
ditching  not  fcoured  and  kept  open  2  j.  6  /  by  warrant  of  the 
juftices  at  the  faid  fpecial  fefTions,  by  diftrefs.  And  the  furveyor 
ihall  fcour  and  open  the  faid  ditches.    /.  8. 

Water.  XL  Water  in  the  highway, 

1 .  The  furveyor  may  turn  any  watercoufe  or  fpring  of  watcf, 
being  in  the  highway,  into  any  ditch  of  the  feveral  ground  of  any 
perfon  next  adjoining  to  the  highway,  as  by  his  difcretion  fhall  be 
thought  meeteft  and  mod  convenient.     5  El.  c.  >  3.  /  6. 

2.  And  every  perfon  that  fhall  occupy  any  lands  adjoining  to 
the  faid  ground  fo  adjoining  to  any  highway,  where  any  ditching 
or  fcouring  ought  to  be,  fhall,  as  need  fhall  require,  ditch  and 
fcour  in  his  ground  fo  adjoining,  whereby  the  water  conveyed  from 
the  highway  over  the  ground  next  adjoining,  .may  have  paflage 
over  the  faid  ground  fo  next  adjoining.      18  El.  c.  \o.  /.  6. 

3.  And  if  any  perfon  who  ought  to  fcour  and  keep  open  ufual 
watercourfes,  adjoining  or  near  to  the  highways,  and  effedually 
to  amend  them,  fhall  by  the  fpace  of  thirty  days  after  due  no- 
tice thereof  given  by  the  furveyor,  negleft  or  delay  to  do  the 
fame,  he  (hall  (on  oath  thereof  being  made  by  the  furveyor,  be- 
fore the  juflices  at  the  fpecial  feffions)  forfeit  for  every  eight  yards 
fo  not  fcoured  and  kept  open,  zs.  6d.  to  be  levied  by  warrant 
of  the  faid  juflices,  by  diftrefs.  And  the  furveyor  fhall  fcour 
and  keep  open  fuch  ditches  and  watercourfes ;  and  where  the 
ditches  and  drains  already  made  are  not  fufficient  to  carry  off  the 
water,  the  furveyor  may  make  new  ones  in  and  through  the 
lands  next  adjoining  or  near  to  the  highways,  and  keep  them 
fcoured,  cleanfed,  and  open,  and  may  come  upon  the  lands  with 
their  workmen  for  that  purpofe.     1  G.  Jl.  z.  c.  52.  /.  8.     3  W. 

C.    \2.  f.    12. 

Hdges.  XII.  Hedges  adjoining  to  the  highway. 

1 .  It  feemeth  clear,  that  it  is  a  nufance  at  common  law,  to 
fufFer  the  boughs  of  trees  growing  rear  the  highway,  to  hang 
over  the  road  in  fuch  a  manner,  as  thereby  to  incommode  the 
pafTage.      i  Haiv.  ziz, 

2.  And  perhaps  it  is  the  better  opinion,  that  he  who  hath  trees 
next  adjoining  to  the  highway,  and  hanging  over  it  to  the  annoy- 
ance of  the  people,  is  bound  by  the  common  law  to  lop  the  fame; 
and  it  feems  clear,  that  any  perfon  may  juflify  the  lopping  fuch 
trees,  fo  far  as  to  avoid  the  AUlkt^e.     1  Ha^.  21 3. 

3  3.  And 


I 


1 


^iSDVDtlVS,  547 

5.  And  by  the  ftatute  of  the  7  G.  2.  c.  g.  it  is  provided,  that 
if  the  furveyor  on  his  view  fliali  find  any  highway  deep  and 
foundrous,  and  the  hedge  adjoining  to  be  fo  high  as  to  prevent 
the  benefit  of  the  fun  and  wind,  he  (hall  make  a  prefentment 
thereof  to  the  jullices  at  their  fpecial  feffions;  which  juftices,  or 
two  of  them,  may  by  warrant  iummon  the  occupier  of  the  Jands 
adjoining  to  the  highway,  to  appear  at  the  next  monthly  or  other 
publick  meeting  of  the  juftices,  in  or  near  the  divifion,  to  (hew 
caufe  why  fuch  hedge  (hould  not  be  new  made,  or  cut  low ;  and 
if  fuch  perfon  appear  not,  nor  fend  fome  perfon  to  appear,  or 
if  it  (hall  appear  upon  proof  on  oath  tliat  luch  way  is  deep  and 
foundrous,  and  damaged  by  the  height  of  fuch  hedge,  the  faid 
juftices,  or  two  of  them,  Ihall  iffue  a  precept  under  hand  and  feal 
to  the  furveyor,  to  gi^e  or  leave  notice  in  writing  at  the  ufual 
place  of  abode  of  fuch  perfon  whofe  hedge  was  prefented,  that 
he  is  thereby  required  to  new  make  or  cut  low  the  faid  hedge, 
within  30  days  after  fuch  notice  (provided  that  fuch  noiice  be 
given  between  September  30.  and  February  i.)  and  in  cafe  of  his 
refufal  or  negleft  to  do  the  fame  within  the  faid  30  days,  the  fur- 
veyor fhall  caufe  the  hedge  to  be  new  made  or  cut  low,  as  he  fliall 
think  moft  reafonable,  Co  as  fuch  hedge  be  left  at  leaft  three  foot 
high  above  the  bank.    /  i. 

And  fuch  perfon  fhall  repay  to  the  furveyor  fuch  reafonable  ex- 
pences  as  he  fhall  have  been  put  to  on  that  occafion ;  and  if  he 
fhall  refufe  or  negleft  to  repay  the  fame,  within  1 4  days  after  de- 
mand, the  juftices  upon  complaint  thereof  at  their  monthly  or  other 
publick  meeting,  in  or  near  the  divifion,  and  due  proof  upon  oath 
of  fuch  expences  of  the  furveyor,  fhall  ifTue  a  precept  under  the 
hands  and  feals  of  them,  or  two  of  them,  to  the  conflable  or 
other  proper  officer  of  the  hundred,  parifh,  or  place,  requiring 
him  to  levy  the  faid  fum  by  diftrefs.     i^.  f.  2. 

But  nothing  herein  fhall  alter  the  laws  in  relation  to  timber  trees, 
which  grow  in  hedges  adjoining  to  the  highways,     id.  /.  3. 

XIII.  Wood  growing  in  the  highway.  ^°°^* 

No  tree,  bufh,  or  fhrub,  (hall  be  permitted  to  grow  in  any 
highway  not  full  20  foot  broad,  but  fhall  be  cut  down,  grubbed 
up,  and  carried  away  by  the  owner  of  the  land  or  foil,  in  ten  days 
after  notice  given  to  liim  by  the  furveyor ;  on  pain  of  5  /.  by 
diflrefs,  by  warrant  of  two  juffices  of  the  divifion,  or  in  default 
thereof,  of  any  neighbouring  jullices  of  the  county.  3  W.  c.  12. 
/.6. 

XIV.  Straw,  dung,  Jiones,  timber,  laid  in  the  high-  straw,  dung, 
way.  "°""'  ^''"' 

t .  There  is  no  doubt,  but  that  all  obllroftions  by  laying  flrav/, 
dung,  ftones,  logs  of  timber,  and  the  like,  in  the  highway,  are 
nufances  at  common  law,     i  Haiv.  2 1 2. 

N  n  2  2.  And 


548 


2.  And  it  feenieth  to  be  dear,  that  it  is  no  excufe  for  one  v.'h6 
layeth  fuch  logs  in  the  highway,  that  he  laid  them  only  here  and 
there,  fo  that  the  people  might  have  a  pafl'aLC  by  windings  and 
turnings  thro'  the  logs :  yet  it  is  laid  to  be  no  nufance  for  the  in- 
habitants of  a  town  to  unlade  billets,  and  the  like,  in  the  ilreet  be- 
fore their  houfes,  by  reafon  of  the  necellity  of  the  cafe,  unlefs 
they  fufFer  them  to  continue  there  an  unrcufonable  time  after  they 
are  unloaded,     i  Haiv.  212. 

3.  And  by  the  ftatute  of  3  If.  c.  12.  No  perfon  fliall  lay  in 
any  highway  not  being  20  foot  broad,  any  ftone,  timber,  ftraw, 
dung,  or  other  matter,  whereby  the  fame  (hall  be  any  ways  ob- 
ftruded  or  annoyed;  on  pain  of  5/.  by  diflrefs,  by  warrant  of 
two  juftices  of  the  divifion,  or  in  default  thereof,  of  any  neigh- 
bouring jaftices  of  the  county.    J.  4. 

And  if  any  timber,  llonc,  hay,  ftraw,  ftubble,  or  other  matter 
for  the  making  of  dung,  or  on  any  other  pretence,  fhall  be  laid  in 
any  fuch  highway,  whereby  the  fame  fliall  be  any  ways  obftruded 
or  annoyed ;  the  owner  or  pofTeflbr  of  the  lands  next  adjoining, 
Jhall  clear  the  way  by  removing  the  fame,  and  fhall  take  the  fame 
to  his  own  ufe :  and  if  he  Ihall  negle(5l  io  to  do,  for  ten  days  after 
notice  given  to  him  by  the  furveyor,  he  fhall  forfeit  5  s.  in  like 
manner.    /  5. 

4.  And  by  the  i  G.  _y?.  2.  f.  52.  If  any  perfon  who  ought  to 
remove  fuch  annoyances,  fhall  for  30  days  after  due  notice  thereof 
given  by  the  furveyor,  negled  or  delay  to  do  the  fame ;  he  fhall 
forfeit  not  exceeding  5  /.  nor  under  zos.  by  warrant  of  the  jaftices 
at  the  fpecial  feffions,  by  diftrefs :  and  the  furveyor  fhall  remove 
the  fame.    /.  8. 

Gate.  XV.  Gate  ere5fed  acrofs  the  highway, 

A  Gate  ereded  in  a  highway,  is  a  common  nufance,  becaufe 
it  interrupts  the  people  in  that  free  and  open  pafTage  which  they 
before  enjoyed,  and  were  lawfully  intitled  to ;  but  where  fuch  a 
gate  has  continued  time  out  of  mind,  it  fhall  be  intended  that  it 
was  fet  up  at  firft  by  confent,  on  a  compofition  with  the  owner 
of  the  land  on  the  laying  out  the  road,  in  which  cafe  the  people 
had  never  any  right  to  a  freer  palTage  than  what  they  flill  enjoy. 
1  Ha'w.  \g(). 

XVI.  Nufance  by  an  unlawful  number  of  horfes  cr 
beafts  in  carriages. 

This   is  to   be  underftood  with   refpeft  to   highways  in   ge- 
neral;    what  concerneth  the  number  of  horfes  or  beafts  in  car- 
riages upon  turnpike  roads  in  particular,  is  treated  of  hereafter  in 
its  place. 
Penalty  of  ha-         « •   No  travelling  waggon,   wain,    cart,    or  carriage,   wherein 
ving  above  five     any  goods  fhall  be  carried  (other  than  fuch  as  are  employed  in 
horfes  in  length,  q^  about  hufbandry  and  manuring  of  lands,  and  in  the  carrying  of 

hay. 


I 


I 


i!?fgl)tUap5.  549 


hay,  draw,  corn  unthrafhed,  coal,  chalk,  timber  for  Ihipplng, 
materials  for  building,  ftones  of  all  forts,  ammunition  or  artillery 
for  his  majelly's  fervice)  fhall  travel  in  any  highway,  with  above 
five  horfes  at  length  ;  on  pain  of  40  s.  on  conviftion  before  one 
juftice,  on  his  view,  or  oath  of  one  witnefs,  by  diftrefs.  22  C.  2, 
c.xz.f.-j. 

And  every  conflable,  or  furveyor,  wilfully  fuffering  any  wag- 
gons or  carts  to  pafs  thro'  his  limits,  in  other  manner  than  by  this 
adt  is  allowed,  Ihall  forfeit  in  like  manner  40  /.     id.  f.  i . 

2.  No  travelling  waggon,    wain,  cart,   or  carriage,    wherein  Penalty  of  ha- 
any  goods  (hall  be  carried  ;other  than  fuch  as  are  employed  about  ving  above  five 
hulbandry  and   manuring  of  lands,  and  in  the  carrying  rf  hay,  ^°'''^*  "'^ '"*'* 
ttraw,  corn  unthrafhed,  chalk,  timber  for  fhipping,  materials  for'"  ^"^    ' 
building,  Hones  of  all  forts,  ammunition  or  artillery  for  his  ma- 

jefty's  fervice)  fliall  go  with  above  five  horfes,  oxen,  or  beafts  in 
length ;  on  the  like  pains,  and  fubjeft  to  the  like  provifoes,  as 
by  the  6  An,  c.  29.  and  9  An.  c.  18.  hereafter  following.  1  G. 
<.  II. 

3.  No  waggon  (whether  travelling  for  hire  or  not,   14  G.  2.  Penalty  of  ha- 
e.  42.  /  6.)  Ihal!  go  or  be  drawn  with  more  than  fix  horfes,  either  ving  above  fix 
in  length,  or  in  pairs,  or  fideways ;  on  pain  that  the  owner  or  horfes  in  If^B^"* 
driver  fliall  forfeit  all  his  horfes  above  fix,  with  all  geers,  bridles,  ^^     '^ 
halters,  and  accoutrements,  to  him  who  fliall  feize  or  diftrain  the 

fame.  And  the  perfon  who  fliall  make  fuch  feizure  or  diftrefs, 
fhall  deliver  the  fame  to  the  conft..ble,  or  fome  parifli  officer,  of 
the  fame  or  next  adjacent  parifh  where  the  feizure  is  made,  till 
the  perfon  feizing  ihall  make  proof  upon  oath  before  fome  juftice, 
of  the  offence  committed ;  and  the  faid  juftice  fhall  iflTue  his  pre- 
cept to  fuch  officer,  immediately  to  deliver  the  fame  for  the  fole 
ufe  of  the  perfon  feizing,  paying  fuch  reafonable  charge  for  keep- 
ing and  fecuring  the  fame,  as  the  juftice  fhall  direft.  And  if  any 
perfon  fliall  attempt  to  obftrudl  the  execution  hereof,  he  fhall  on 
conviftion  by  the  oath  of  one  witnefs  before  one  juftice,  be  com- 
mitted to  gaol  for  three  months,  and  fhall  alfo  forfeit  10/.  by 
warrant  of  fuch  juftice  by  diftrefs,  and  if  not  paid  in  three  days, 
the  diftrefs  to  be  fold.     5  G.  c.  12. 

But  the  ftatute  of  the  27  G.  2.  c.  20.  allows  a  further  time 
for  keeping  all  fuch  diftrefTes,  viz.  not  lefs  than  four  days,  nor 
more  than  eight. 

Or,  before  the  goods  are  feized,  oath  may  be  made  at  any  time 
within  three  days,  before  any  juftice  where  the  offence  was  com- 
mitted, or  the  offender  fhall  happen  to  be ;  and  the  goods  fhali 
remain  for  three  days  after  the  offence  liable  to  feizure  and  diftrefs, 
for  the  ufe  of  the  informer  in  like  manner  as  if  they  had  been 
feized  in  the  faft.      14  G\  2.  c.  42.  /  6. 

Or  (as  hath  been  faid  at  the  beginning  of  this  title)  an  aflion 
of  trover  may  be  brought  for  the  fame,  wherein  if  the  plaintiff 
recovers,  he  fliall  have  double  cofts.     24  G.  2.  c.  43.  /  1 1. 

H.  16  G.  2.  K.  liZid  7/j3mas  St rgi/cn,  efquire.  An  information 
was  moved  for  againft  him,  for  not  condemning  a  horfe  taken  out 
of  a  team  under  the  ftatute  of  the  5  G.  r.  1 2.  which  requires 
proof  to  be  made  before  a  jufiice,  of  the  caufe  of  forfeituis ;  and 

is  n  3.  tb«{ 


550 


3^!'5l)»)a^S. 


the  party  who  feized  tendring  his  own  oath,  the  defendant  fcru- 
pled  to  take  it,  or  to  determine  the  affair  in  the  abfencc  of  the 
owner  or  driver.  And  by  the  court,  They  were  both  reafonable 
ohjeftions.  Why  is  not  the  perfon  who  feized,  and  is  to  have 
the  benefit  of  the  forfeiture,  within  the  reafon  of  excluding  in- 
formers where  there  is  a  penalty  ?  Making  proof  muft  mean  Lgal 
proof.  The  other  alfo  is  but  natural  juflice:  There  are  excep- 
tions in  the  aft,  as  to  one  flone,  or  one  piece  of  timber,  though 
drawn  by  ever  fo  many  horfes;  and  ought  not  the  owner  to  have 
an  opportunity  of  {hewing  it  ?  And  the  rule  was  difcharged  with 
cofts.  6"/^.  1 1 8 1 . 
Or  atove  four  ^^^  moreover,  no  cart  (whether  travelling  for  hire,  or  not  for 
korfes  in  carts,  ^'""^j  ^4  ^-  2-  c.  42.  f  6.)  fhall  be  driven  with  more  than  (four 
horfes,  16  G.  2.  c.  29.)  ;  on  pain  that  the  owner  or  driver  fhall 
in  like  manner  forfeit  all  the  horfes  above  four,  with  the  geers, 
bridles,  halters,  and  accoutrements.     5  G.  c.  \z.  f.  i. 

But  nothing  in  this  fedion  fhall  extend  to  fuch  wa^^gons,  wains, 
carts,  or  carriages,  as  fhall  be  employed  about  hufhandry  or  ma- 
nuring of  land,  and  in  the  carrying  of  cheefe,  butter,  hay,  flraw, 
corn  unthreflied,  coals,  chalk,  or  any  one  tree  or  piece  of  tim- 
ber, or  any  one  ftone,  or  block  of  marble,  carravans,  and  the 
covered  carriages  of  noblemen  and  gentlemen  for  their  own  pri- 
vate ufe,  or  fuch  timber,  ammunition,  or  artillery  as  fhall  be 
for  the  fervice  of  the  king,  his  heirs,  and  fuccefibrs.     5  G.  c  12. 

4,  By  6  Jn.  c.  29,  and  g  Jn.  c.  18.  No  travelling  waggon, 
wain,  cart,  or  carriage,  wherein  any  goods  fhall  be  carried  (other 
than  fuch  as  are  employed  in  and  about  hufhandry  and  manuring  of 
'  land,  and  in  the  carrying  of  hay,  ftraw,  (corn  unthrefhed,  i  G. 
c.  II.)  chalk,  timber  for  fliipping,  materials  for  building,  flones 
of  all  forts,  or  ammunition  or  artillery  for  the  fervice  of  his  ma- 
jefty,  his  heirs,  or  fuccefTors)  fhall  travel  or  go  in  any  highway, 
with  above  fix  horfes,  oxen,  or  beafts ;  on  pain  of  5  /.  And  any 
perfon  may  feize  or  diftrain  any  or  all  the  horfes,  oxen,  or  beafts 
of  any  perfon  offending  herein,  and  forthwith  deliver  them  to  the 
furveyor  or  other  pariili  officer,  and  if  the  penalty  is  not  paid  in 
three  days,  fuch  officer  fhall  by  warrant  of  one  juftice  fell  the 
fame  ;  rendering  the  overplus,  charges  firfl  dedufted. 

And  if  any  ptrfon  employed  by  any  carrier,  drive  or  affift  in  dri- 
ving fuch  unlawful  number,  he  lliail  forfeit  5  /.  in  like  manner. 

And  the  furveyor  wilfully  fuffering  them  to  travel  with  more, 
fhall  alfo  in  like  manner  forfeit  5  /, 
Exception  of  5.  But  nothing  in  afty  of  the  aforefaid  ads  fhall  extend  to  re- 

drawing up        flrain  the  owners  of  waggons  or  other  carriages,    or  their  fer- 
ftecp  hills,  vants,  drawing  with  fo  many  horfes  or  beafls,  up  any  fuch  fleep 

hills,  as  the  juftices  at  the  quarter  feffions  fhall  from  time  to  time 
order  and  direft ;  which  order  fhall  be  kept  by  the  clerk  of  the 
peace  amongft  the  records  of  the  feffions,  to  which  all  perfons 
at  reafonable  times,  fhall  have  recourfe  gratis,  24  G.  2.  c.  43. 
/  10. 
Ixception  where  6.  Alfo,  it  fhall  be  lawful  for  any  waggon  or  other  four  wheel 
the  wheels  are    carriage,  having  tli9  fellies  of  the  wheels  nine  inches  bread,  to 

nine  inches  pafa 

fcroad.  *^ 


Penalty  of  ha- 
ving abovf  fix 
horfes  or  oxen, 
in  length,  pairs 
Vr  fidewajs 


i 


j^t'gljvuaps*  551 


pafs  on  any  highway,  with  any  number  of  horfes  and  beads  not 
exceeding  eight ;  and  for  any  cart  or  two  wheel  carriage,  having 
the  like  wheels,  with  any  number  not  exceeding  five  ;  without 
being  fubjeft  to  any  penalties  for  caufing  them  to  be  driven  by  a 
greater  number.     26  G.  2.  c.  30.  /.  6. 

XFII.   Nufance   by   unlawful  breadth    and  tire   of 
wheels. 

1 .  No  travelling  waggon  for  hire  (other  than  fuch  as  are  em-  Breadth  of 
ployed   in  hu/bandry,    and  in  carrying  of  cheefe,    butter,    hay,  wheels, 
Ilraw,  corn  unthrelhed,  coals,  chalk,  or  any  one  tree  or  piece  of 
timber,  or  any  one  ftone,  or  block  of  marble,  carravans,  and  the 
covered  carriages  of  noblemen  and  gentlemen  for  their  own  pri- 
vate ufe,  or  timber,  ammunition,  or  artillery  for  the  king's  fer- 

vice)  having  the  wheels  bound  with  ftreaks  or  tire  of  a  lefs  breadth 
than  two  inches  and  an  half  when  worn,  or  being  fattened  on  with 
rofeheaded  nails,  Ihall  go  or  be  drawn  with  more  than  three  horfes, 
between  Sep.  29.  and  ^pril  i  5.  yearly ;  on  pain  that  every  owner 
or  driver  thereof,  fhall  forfeit  all  the  horfes  above  three,  with  all 
geers,  bridles,  halters,  and  accoutrements ;  to  be  feized,  diftrain- 
ed,  or  otherwife  recovered,  as  the  number  of  horfes  above  fix  in 
a  waggon  either  in  length,  pairs,  or  fideways,  as  is  particularly 
fpecilied  under  the  third  feflion  of  the  laft  preceding  head.  5  G. 
c.  iz.  14  G.  2,  c.  42.  f.  z,6.  15  G.  2,  c.  2.  24  G.  2.  f.  43. 
/.  II. 

[What  belongeth  to  the  breadth  of  wheels  upon  turnpike  roads 
in  fpecial,  is  treated  of  under  the  article  relating  to  turnpikes 
hereafter  following.] 

2.  No  perfon  in  London  and  If  ejlminjler,  or  within   10  miles  Wheels  in  Lwi- 
thereof  (unlefs  it  be  with  broad    wheels   upon  turnpike    roads,  "^o"* 

26G.  2.  r.  30.  A  5.)  fhall  carry  at  any  one  load,  in  waggons  or 
carts  having  their  wheels  fhod  with  iron,  more  than  12  facks  of 
meal  of  five  bufhes  each,  nor  more  than  1 2  quarters  of  malt,  nor 
more  than  700  i  of  bricks,  nor  more  than  one  chalder  of  coals ; 
on  pain  of  forfeiting  any  one  of  the  horfes,  with  the  geers,  bri- 
dles, and  halters  therewith  ufed,  on  convidion  in  three  days  be- 
fore one  juftice.     6  G.  <r.  6.    5  G.  f.  12.     14  G.  2.  c.  \z.  f.b. 

And  by  the  18  G.  2.  c.  33.  The  wheels  of  every  cart,  car,  or 
dray  within  the  bills  of  mortality,  ftiall  be  fix  inches  broad  in  the 
felley,  and  not  wrought  about  with  iron,  nor  be  drawn  with  above 
the  number  of  three  horfes,  after  they  are  up  the  hills  from  the 
water  fide  J  on  pain  of  40;.  by  warrant  of  one  juftice,  by  di- 
ftrefs;  and  for  want  of  diltrefs,  or  non  payment  m  fix  days  after 
demand,  to  be  committed  till  paid  :  But  this  not  to  expend  to  any 
country  cart  or  waggon,  that  Ihall  bring  any  goods,  cr  r:.all  carry 
any  goods  half  a  mile  beyond  the  paved  ftreets  of  the  fuid  cities 
and  places. 

Alfo  any  perfon,  within  the  faid  limits,  ufing  any  cart,  car,  or 
dray,  having  the  wheels  full  fix  inches  broad,  when  worn,  may 
have  the  fame  bound  round  with  tire  of  iron,  provided  it  be  fix 

N  n  4  inches 


552  !^t's!)tt)aps. 


Inches  broad,   and  made  flar,    ar.d  not  ftt  on  with  rofe  headed 
nails. 

XVIII.  Nufance  hy  riding  upon  carriages,  cr  the  dri^ 
vers  GtheriDije  m'ijhehai:ing. 

T.  By  the  i  G.  Jl.  2.  c.  57.  If  any  perfon,  driving  any  cart, 
dray,  or  waggon,  in  the  ftreets  of  L-.rJtn,  ftiall  ride  upon  the 
fame,  not  having  fome  other  perfon  on  foot  to  g'lide  the  fame ; 
he  fhal!  on  convidion  before  the  aldern^sn  of  the  ward,  or  juftice 
of  the  peace,  on  oath  of  one  witnefs,  forfeit  \o s.  by  diftrefs  and 
fale ;  half  to  the  informer,  and  half  10  the  poor;  and  in  default 
of  payment,  to  be  fent  to  the  houfe  of  correction  for  three  days. 
/.8. 

2.  And  by  the  24  G.  2.  c.  43.  If  any  carter,  drayman,  car- 
man, waggoner,  or  other  driver  fhall  ride  upon  the  fame  in  Lcn- 
dm  or  within  ten  miles  thereof,  not  having  fome  other  perfon  on 
foot  to  guide  the  fame,  he  fnall  on  the  like  convict'on,  forfeit 
\0  5.  in  cafe  fuch  driver  fliall  not  be  the  owner  of  fuch  carriage; 
and  in  cafe  he  be  the  owner,  then  any  fum  not  exceeding  20. f. 
To  be  recovered,  levied,  and  applied,  as  by  the  aforefaid  a^t  of 
the  I  G.  fi.  2.  c.  57.  And  any  perfon,  though  not  a  peace  of- 
ficer, may  (lop  and  apprehend  fuch  offender,  and  carry  him  as 
foon  as  conveniently  may  be  before  a  juftice ;  and  if  any  perfon 
fhall  refift,  abufe,  or  prevent  any  perfon  endeavouring  to  apprehend 
iuch  offender,  or  when  he  is  apprehended,  fhall  refcue,  or  en- 
deavour to  refcue  him,    he   Iball  forfeit  20  s.  in   like   manner, 

/:  8, 9. 

3.  And,  more  generally,  by  the  27  G.  2.  c.  16.  If  the  driver 
of  any  cart,  car,  dray,  or  waggon,  fhall  ride  upon  any  fuch  car- 
riage, not  having  fome  other  perfon  on  foot  or  on  horfeback  to 
guide  the  fame  (fuch  carts  as  are  refpeclively  drawn  by  one  horfe 
only,  or  by  two  horfes  abreafi:,  and  are  conducted  by  fome  perfon 
holding  the  reins  of  fuch  horfe  or  horfes,  excepted)  ;  or  if  the  dri- 
ver of  any  carriage  whatfoever,  on  any  part  of  any  ftreet  or  high- 
way, fhall  by  negligence  or  wilful  mifbehaviour,  caufe  any  hurt  or 
damage  to  any  perfon  paffing  or  being  thereon ;  Every  fuch  driver 
offending  in  any  of  the  cafes  aforefaid,  and  being  convided  there- 
of, by  confefTion,  or  oath  of  one  witnefs,  tefore  one  juft:ice,  fhall 
forfeit  any  fum  not  exceeding  10  j.  or  fhall  be  committed  to  the 
?ioufe  of  corredion,  for  any  time  not  exceeding  one  month,  at  the 
difcretion  of  fuch  juftice.  And  every  fuch  driver,  offending  in 
either  of  the  faid  cafes,  may  by  authority  of  this  aft,  and  without 
any  other  warrant,  be  apprehended  by  any  perfon  who  fhall  fee 
the  offence  committed,  and  fiiall  be  immediately  conveyed  or  deli- 
vered to  a  conftable,  or  other  peace  officer,  in  order  to  be  conve^'cd 
before  a  juftice,  to  be  dealt  with  according  to  law,    /  7. 

Note }  It  is  not  faid  wh9  iliall  have  this  penalty,  fb  that  it  feem- 
cth  that  th,e juftice  fnall  eftreat  the  fime  into  the  exchequer:  And 
ht.-e  is  no  power  given  to  levy  the  fame  by  dillrefsi  but  if  the 

parry 


J 


I 


!^f'Sl)^ai)S.  553 

party  fliall  not  pay  upon  conviAion,  the  juftice  (by  the  adl}  may 
commie  him  to  the  houfe  of  correftion. 

XIX.  Pulling  itp  Mocks  in  the  highway.  Blocks. 

Every  perfon  who  fliall  pull  up,  cut  down,  or  remove  any  poft, 
block,  great  (lone,  bank  of  earth,  or  other  fecurity,  made  for  fe- 
curing  horfe  and  foot  caufways  from  waggons,  wains,  and  carts; 
fhall  (on  conviclion  before  one  jiiftice  of  the  place  or  divifion,  on 
view,  or  oath  of  one  witnefs)  forfeit  zos.  Ay  diftrefs.  j  ijf  S  W, 
(.  29.  /  6. 

XX.  Concerning  guide  pofts.  Guide  pofe. 

The  juftices,  at  the  fpecial  feffions,  may  direft  their  precept  to 
the  furveyors,  in  any  place  where  two  or  more  crofs  highways 
meet,  requiring  them  forthwith  to  caufe  to  be  erefted  or  fixed, 
in  the  moft  convenient  place  where  fuch  ways  join,  a  flone  or  poll, 
with  an  infcription  thereon  in  large  letters,  containing  the  name  of 
the  next  market  town,  to  which  each  of  the  faid  joining  highways 
leads ;  who  fliall  be  reimburfed  in  the  fame  manner  as  before  is 
mentioned  concerning  the  providing  of  materials.  And  if  the  fur- 
veyor  fhall,  by  the  fpace  of  three  months  after  fuch  precept  to  him 
delivered,  negleft  or  refufe  to  caufe  fuch  flone  or  pofl;  to  be  fixed; 
he  fhall  forfeit  10  j.  to  be  levied  by  warrant  of  one  jaflice  by  the 
conilable,  by  diftrefs,  who  fliall  employ  it  towards  fuch  flone  or 
poll ;  and  if  any  thing  remains,  he  fhall  employ  it  in  repairing 
{uch  crofs  ways.     8  1^  9  IV.  c.  \6.  f.  7. 

XXL  Breadth  and  widening  of  the  highways.        Breadth, 

1 .  The  furveyor  (hall  make  every  cart  way  leading  to  any  mar- 
ket town,  eight  foot  wide  at  the  leaft.     i  W.  c.  \z.  f.  15. 

2.  And  no  horfe  caufway  fhall  be  lefs  than  three  foot  broad. 
3  W.  c.  12.  f.  21. 

3.  By  the  8  b^  9  fV.  c.  16.  The  juftices,  or  the  major  part  of 
them,  being  five  at  the  leaft,  at  the  quarter  fefTions,  fhall  have 
power  to  inlarge  or  widen  any  highways,  fo  that  the  ground  to  be 
taken  into  them  do  not  errceed  eight  yards  in  breadth,  and  fo  that 
the  faid  power  do  not  extend  to  pull  down  any  houfe,  or  to  take 
away  the  ground  of  any  garden,  orchard,  court,  or  yard.    /.  i. 

In  order  whereunto,  they  fhall  iftue  their  precepts  to  the 
owners  of  grounds,  or  others  inierefted  in  the  fame,  that  are  to 
be  laid  into  the  faid  highways,  to  appear  at  the  next  quarter 
feifions,  to  ftievv  caufe  why  the  faid  highways  fhould  not  be  ia- 
larged.    /  3. 

And  for  the  fatisfaflion  of  perfons  who  are  interefted  in  the  faid 
ground,  they  are  impowered  to  impanel  a  jury,  and  fwear  them, 
that  they  w;ll  aflefs  fuch  damages  to  be  given  and  recompence  to 
be  made  to  the  owners  and  oihcrs  interefted  in  the  faid  ground 
rent  or  charge  refpedlively,  for  their  refpeftive  interefts,  as  they 
ihall  think  xeafonabie,  not  exceeding  25  years  purchafe  for  lands 

lb 


55+  !^i'sUn)a?5. 


fo  laid  out ;  and  likewife  fuch  recompence  as  they  (hall  think  rca- 
fonable,  for  the  making  a  new  ditch  and  fence,  to  that  fide  of  the 
highway  that  fhall  be  lb  enlarged,  and  alfo  fatisfaftion  to  any  per- 
fon  that  may  be  otherwife  injured  by  inlarging  the  faid  highways. 
/.. 

And  they  Ihall  have  power  to  order  an  afTefTment  to  be  made 
upon  all  the  inhabitants,  owners,  or  occupiers  of  lands,  houfes, 
tenements,  or  hereditaments,  that  ought  to  repair  the  fame,  in 
fucK  manner  as  the  faid  juitices  fhall  appoint.    /  i. 

Provided,  that  no  fuch  alTefTment  in  any  one  year,  for  inlarging 
highways,  fhall  exceed  6  d.  in  the  pound  of  the  yearly  income  of 
any  lands,  houfes,  tenements,  and  hereditaments,  nor  the  rafe  of 
(>d.  in  the  pound  for  perfonal  eflates.    /.  2. 

And  the  faid  afTefTment  fhall  by  order  of  the  faid  juftices  be  le- 
vied by  the  furveyor,  by  diftrefs,  if  not  paid  in  ten  days  after  de- 
mand,   f.  I. 

And  the  money  thereby  raifed,  fhall  be  imployed  and  account- 
ed for,  according  to  the  order  of  the  faid  juftices,  towards  pur- 
chafing  the  faid  lands,  and  making  the  faid  ditches  and  fences. 

And  upon  payment  of  the  money  fo  awarded,  or  leaving  it  in 
the  hands  of  the  clerk  of  the  peace  for  the  ufe  of  the  owner,  or 
others  interefled  in  the  faid  ground,  the  interefl  of  the  faid  per- 
fons  in  the  faid  ground  rent  or  charge,  (hall  be  for  ever  divefled 
out  of  them.    /  i. 

And  the  faid  ground  fhall  be  efleemed  a  publick  highway  to  all 
int'.'nts  and  purpofes.    /  i . 

Provided,  that  if  any  fuch  order  fhall  be  made  by  the  faid  ju- 
ftices for  the  laying  out  of  ground  for  the  enlarging  of  highways, 
the  owners  of  the  ground  fliall  have  free  hberty,  within  8  months 
after  fuch  order,  to  cut  down  any  wood  or  timber  growing  there- 
on ;  or  upon  the  neglcdl  thereof,  the  fame  fliall  be  fold  by  order 
of  the  juftices,  and  the  owners  fhall  receive  the  full  of  what  fhall 
be  made  thereof,  the  charges  of  working  the  fame  being  dedudted. 

And  any  perfon  aggrieved  by  the  order  of  the  juftices,  may 
appeal  to  the  next  afiizes ;  and  if  the  judge  (hall  affirm  the  order, 
he  may  award  cofts  againft  the  appellant,  to  be  levied  by  diftrefs. 

4.  In  order  to  prevent  robberies,  it  is  enafted  by  the  i  5  Ed.  \ . 
Ji.  2.  c.  5.  That  highways  leading  from  one  market  town  to  an- 
other fhall  be  enlarged,  fo  that  there  be  neither  dyke,  tree,  nor 
bufh,  within  200  foot  on  each  fide  of  the  way.  Except  allies 
and  great  trees.  And  if  by  default  of  the  lord  that  will  not  avoid 
the  d)'kc,  underwood,  or  bufnes,  any  robbery  be  done  therein, 
the  lord  fhall  be  anfwerable  for  the  felony  ;  and  if  murder  be  done, 
the  lord  fhall  make  a  fine  at  the  king's  pleafure.  And  if  the  lord 
be  not  able  to  fell  the  underwoods,  the  country  fhall  aid  him. 
And  if  a  park  be  taken  from  the  highway,  it  is  requifite  that  the 
lord  fhall  fet  his  park  200  foot  from  the  highways,  or  that  he 
make  fuch  a  wall,  dyke,  or  hedge,  that  offenders  may  not  pafs 
por  return  to  do  evil, 

XXIL  Und% 


i 


l^t'gljiiDars.  555 

JOT/.  Lands  given  to  repairing  highways.  Charities. 

Where  any  lands  have  been,  or  (hall  be  given  for  the  main- 
tenance of  caufeys,  pavements,  highways,  and  bridges,  the  tru- 
ftees  (hall  let  them  to  farm,  at  the  moft  improved  yearly  value, 
without  fine;  and  the  juftices  in  open  fe(rions  (hall  inquire  by  fuch 
ways  and  means  as  they  think  fitting,  into  the  valuf  of  fuch  lands  ; 
and  if  the  truflees  have  been  faulty,  they  may  order  the  improve- 
ment and  imployment  of  the  profits  thereof,  according  to  the  di- 
redion  of  the  donor.  (Except  lands  given  for  the  faid  ufes  to 
colleges  or  halls,  which  have  vifitors  of  their  own.]       22  C.  2. 

C.    13.  /   2. 

XXIII.  Jffejfment  for  the  repair  of  highways.        Aflarment. 

"Where  the  juftices  at  the  general  or  quarter  feflions,  (hall  be 
fully  fatisfied,  that  the  highways  within  any  parifii,  lownfhip,  or 
place,  cannot  otherwife  be  fufHciently  repaired,  an  a(refrment  upon 
all  the  inhabitants,  owners,  and  occipiers  of  lands,  teiiements, 
and  hereditaments,  or  any  perfonal  ellatc,  ufually  rateable  to  the 
poor,  fhall  be  made,  levied,  colleded,  and  allowed  by  fuch  per-' 
fons,  and  in  fuch  manner,  as  the  faid  jafHces  by  tiieir  order  at 
fuch  feffions  (hall  appoint :  And  the  money  thereby  raifed,  (hall  be 
employed  and  accounted  for,  according  to  the  ordeis  and  direc- 
tions of  the  faid  juftices,  towards  repairing  and  iupporting  the 
fame:  And  the  faid  affeflment  (hall  be  ievie-^  by  diitiels  ano  fale 
of  the  goods  of  every  perfon  fo  afTellcd  (not  paying  the  fame  with- 
in ten  days  after  demand).  Provided,  that  no  fuch  alle(rment  ia 
any  one  year,  fhall  exceed  6d.  in  the  pound  of  the  yearly  value 
of  any  lands,  houfes,  tenements,  and  hereditaments  fo  aflH'ed, 
nor   the  rate  of  6d.  for   20/.  in  perfonal  eftate.     3  I'F.  c.  12. 

And  on  application  of  the  furveyor,  the  faid  ju(iice9  may,  if 
they  fee  fitting,  caufe  fuch  a(re(rment  to  be  made,  altho'  the  fix 
days  work  hath  not  been  performed ;  but  the  faid  aiiefiment  fhaH 
pot  excufe  the  fix  days  labour,      i  G.  JI.  2.  r.  52.  /  6. 

T.  6  G.  K.  and  the  inhabitants  of  Stroud.  An  order  for  im- 
pofing  a  rate  towards  the  repairs  of  the  highways,  was  qua(he4 
for  two  exceptions:  i.  Becaufe  it  did  not  appear  but  that  the  fta- 
tute  labour  was  fufHcient.  And,  2.  Becaufe  only  the  occupiers  of 
land  ate  charged,  whereas  others  are  equally  liable.  S'/r.  315, 
In  all  fuch  cafes,  it  is  bed  to  purfue  the  ftatute  j  and  the  order 
therefore  in  this  cafe  (hould  have  fet  forth,  not  that  the  Jiatute 
labour  ivas  infufftcknty  but  that  the  court  was  fully  fatisfied  that 
the  highix;/2p  could  7wt  otheriuife  he  fujjiciattly  repaired ;  and  they 
fhould  have  ordered  an  a(re(rment  upo?i  all  the  inhabitants,  onjuners^  ,  ' 
and  occupiers  cj  lands,  tenements,  and  hereditaments,  or  any  per- 
fonal ejiatc,  ufually  rateable  to  the  poor,  within  the  parifh  or 
tiiftna. 


XXIV.  In 


55^ 


i^i'SijlDai'S. 


Panflicontrib'j^  XXIV.  In  whfJ  cafe  the  zvhole  parijh  Jhall  he  contri- 
*°'^-  biarry. 

If  any  Innfhip,  liberty,  precinfl,  or  vill,  that  was  to  repair  its 
cwn  highways,  lliaJI  have  levied  6d.  in  the  pound,  and  employed 
the  fame  in  repairing,  and  yet  the  faid  highways  are  not  fuffi- 
ciently  repaired,  the  juflices  at  their  fpeual  feffions  may  order 
the  whole  paiifn  to  conuibute  towards  the  repairing  thereof. 
7  (5"'  8  fP".  c.  29.  /.  4. 

XXV.  Further  proiif.on  for  the  fame^  hy  the  CGmmori 

law. 


Whcfethe  rta-.         ^'  '^  ""^  excufe  for  the  inhabitants  of  a  parifh,  beirg  indiifled  at 
tute  provifions      conimon   }aw,    for  not  repairing  the  highways,    that  they  have 
Ihall  fall  fhort,     done  all  that  is  required  of  them  by  ftatute ;  for  fince  thefe  fla- 
thc  common  law  ^^^^^  ^^g  wholly  in  the  affirmative,  and  made  in  aid  of  the  com- 
mon law,  and  to  fupply  the  defers  thereof,  they  fnall  not  be  con- 
ftrued  to  abrogate  any  provifion  thereby  made  for  thefe  piirpofe?. 
1  Hc-^M.  204.     So  that  at  all  events,  tne  pariih  rrjay  be  compelled 
to  make  their  ways  good. 

XXV I.  Prefentment  or  irJi^jfien!  (C)  of  high'-jjays 
in  general. 

1 .  All  defects  of  repairs  of  highways,  fhall  be  prefented  in  the 
county  where  they  lie,  and  not  elfewhere.     22  C.  2.  c.  \z.  f.  4. 

2.  And  the  indiftment  mufi:  fhew,  that  the  way  is  common  to 
all  the  king's  people;  for  which  caufe  it  hath  been  refolved,  that 
an  indi'Sment  for  a  nufance  to  a  horieway,  without  adding  that  k 
is  a  highway,  is  naught,      i  Ha^jc.  220. 

Note  ;  The  exprefiion  for  the  Bugs  highii-ay,  v.'hen  the  indlfl- 
ments  were  in  Latin,  was  aha  lia  regia  ;  which  a  modern  author, 
in  his  form  of  an  indidment,  tranfiates  a  rcycd  high-jsay. 

3.  It  is  fafeft  in  the  indidment  to  fhew  both  the  place  from 
which,  and  alfo  the  place  to  which  the  way  fuppofed  to  be  out  of 
repair  doth  lead;  yet  exceptions  for  want  of  fuch  certainty  have 
fomedmes  been  dilallowed  :  hov.ever  it  feems  certain,  that  there  Is 
no  nece.Tuy  to  fnew  that  a  highway  leads  to  a  market  town,  be- 
caufe  every  highway  leads  from  town  to  town,      i  Ha^M.  219. 

4.  It  is  neceifary  in  the  ii  didment  exprefly  to  (hew,  in  what 
place  the  nufance  complained  of  was  done ;  for  which  caufe,  an 
indidn'ient  for  flopping  a  way  at  Tj.  leading  from  D.  to  C.  is  not 
good,  for  it  is  impoffible  that  a  way  leading  from  D,  fhould  be  in 
D.  ar,d  no  other  place  is  mentioned,      i  Un^tv.  zig. 

5.  It  is  faid,  that  a  p)refentmcnt  that  a  highway  in  fuch  a  place 
is  decayed,  by  the  defaults  of  the  inhabitants  of  fuch  a  town  is 
good,  without  naming  any  perfon  in  cercair.ry.     i  Hatv.  220. 

6.  But 


Indictment  to  be 
■within  the 
coonty. 

M'-ft  fliew  it  to 
be  a  highway. 


Mu-ft  fliew  the 
peaces  from  and 
ta  which  ic  leads, 


Place  where. 


Need  not  name 


i 


i):'0i)ia)ar5.  557 


6.  But  it  hath  been  adjudged,  that  an  indi£lment  againft  parti- In^j'^menr 
cular  perfons,  muft  fpecially  charge  them  every  one.    i  Haiv.  220.  ^S*'"^  particular 

7.  It  ought  alfo  certainly  to  Ihew,  to  what  part  of  the  highway  \,  °"^' 

the  nufance  did  extend,  as  by  (hewing  how  many  foot  in  breadth  j,ow  much"!*  out 
it  contained  ;  or  otherwife  the  defendant  will  neither  knov/  of  the  of  repair, 
certainty  of  the  charge,  againft  which  he  is  to  make  his  defence, 
neither  will  the  court  be  able  from  the  record  to  judge  of  the 
greatnefs  of  the  offence,  in  order  to  affifs  a  fine  anfwerable  there- 
unto ;  and  it  hath  been  refolved,  that  the  place  is  not  fufRciently 
afccrtained  by  (hewing,  that  it  contained  fo  many  foot  in  length, 
and  fo  many  in  breadth,  hy  cfiimatlon.      i  Hu'^m.  220. 

8.  Alfo,  the  fad  muft  be  exprc(red  in  fuch  proDsr  terms,  that  it  ^^"^  <<-''  foftl* 
may  clearly  appear  to  the  court  to  have  been  a  nufance  ;  and  for     ®       cieariy. 
this  caufe  it  hath  been  refolved,  that  a  prefentment  for  di'verti-Kg  a 

highway  is  not  good,  becaufe  a  highway  cannot  be  diverted,  but 
mult  always  continue  in  the  fame  place  where  it  was,  howfoever  it 
may  be  ohjlruScd,  and  a  new  way  made  in  another  place,  i  HaiM, 
220. 

9.  It  feems  to  be  implied  in  the  conRruftion  of  all  penal  (la-  Perfons  indifled 
tutes,  that  no  one  ought  to  be  convicled  of  any  offence  againft  ^^  ^^^  nouce. 
them  without  having  notice  of  the  accufation  made  againft  him, 

and  an  opportuniry  of  defending  himfelf.  And  therefore  it  feems 
certain,  that  generally  no  one  ought  to  be  puniihed  for  any  of  the 
abovementioned  offences,  without  being  called  upon  to  anfvver  for 
himfelf,  and  having  liberty  to  traverfe  the  matters  alledged  againft 
him.      I  Uan.v.  219. 

10.  Upon  an  indidment  againft  a  parifh  for  not  repairing,  they  PI"  of  no^ 
can  give  nothing  in  evidence  upon  the  plea  of  not  guilty,  but  S""^^)'* 
that  the  way  is  in  repair  ;  but  if  it  be  againft  a  particular  perfon, 

he  may  give  evidence  that  others  ought  to  repair  it.  3  Salk.  183. 
Comb.  396. 

11.  And  the  defendants  ought  not  to  plead  that  they  ought  ^,^^^^5°  *^  ^"^ 
not  to  repair,  without  (hewing  who  ought,      i  Haijc.  220. 

12.  And  Mr.   Hai<:kh:s  fays,    that  if  a  particular  perfon  be  special  pica, 
bound  to  repair  a  highway,  either  by  inclofure  or  by  prefcription, 

the  parilh  cannot  take  advant.ige  of  it  upon  the  plea  of  not  guilty, 
but  ought  to  fet  forth  their  difcharge  in  a  fpecial  plea,  i  Ha^vj. 
203. 

13.  After  conviftion,  or  upon  a  demurrer,  or  confe(rion,  any  Exceptions t© the 
one  may  take  exceptions  to  fuch  indiftment  or  prefentment  in  any  ^°^  o' tne  m- 
court  for  the  want  of  legal  form  ;  but  the  court  in  difcretion  will 

very  rarely  fufFer  a  man  to  take  fuch  exceptions,  before  fuch  con- 
vidlion  or  confefhon,  without  a  certificate  and  affidavit  that  the 
ways  are  in  good  repair,      i  Ha-M.  219. 

14.  And  the  defendants  (hall  not  be  difcharged  by  fubmitting  ?'"«  no  dif- 
to  a  fine,  but  a  dijlringas  flaall  go  in  infinitum  till  they  repair.  '^^^'^S^* 

1  Ha^.  22c. 

XXFII.  Prefentment  of  a  juftice  on  his  own  view.     Prerentment  on 

•'  J        J  J  view. 

Ey  the  5  El.  c.  13.  Every  juftice  of  the  peace  (hall  have  au- 
tbonty  0.1  his  own  proper  knowledge,  in  the  open  general  felTions, 

to 


55  8  i^t'5D«)ai>5. 


to  make  prefentment  (  D )  of  any  highway  not  well  and  fufficienf- 
]y  repaired,  or  of  any  other  default  contrary  to  the  flatute  of  the 
2  tff  ■}  P .  ijf  M.  And  every  fuch  prefentment  made  by  a  juftice 
upon  his  own  knowledge  fhall  be  as  good,  and  of  the  fame  force, 
flrength,  and  effefl  in  the  law,  as  if  the  fame  had  been  prefented, 
found,  and  adjudged  by  the  oath  of  12  men  :  And  for  every  fuch 
default  fo  prefented,  the  juftices  fhall  immediately  at  the  faid  ge- 
neral fefTions,  have  authority  to  affefs  fuch  fines  as  to  them  fhall  be 
thought  meet :  Saving  every  perfon  that  fhall  be  touched  by  any 
fuch  prefentment,  to  have  his  lawful  traverfe  to  the  fame  prefent- 
ment, as  they  may  have  upon  any  indiftment  of  trefpafs  or  forci- 
ble entry.    /  9. 

Hereupon  it  hath  been  obferved  by  Mr.  Dnlton  and  others, 
that  the  juftices  at  the  faid  fefEons  may  affefs  the  fine  upon  fuch 
offenders,  and  that  in  the  abfence  of  the  party,  without  calling 
him  to  anfwer  by  any  procefs :  Which  opinion  feeming  contrary 
to  natural  juftice,  and  to  the  privilege  of  an  Evglijhman  as  elfa- 
blifhed  by  the  great  charter,  perhaps  hath  not  been  fufHcicntly 
weighed  by  all  the  authors  who  have  adopted  it ;  and  there  feems 
to  be  the  more  ground  for  this  fufpicion,  in  that  moft  of  them  do 
quote  Mr.  Crompton  for  this  opinion,  one  after  another,  in  a 
wrong  page  J  and  in  fafl  Mr.  Crcmpton  faith  no  fuch  thing,  but 
rather  feems  to   incline  to  the  contrary  opinion  ;  his  words  are 

thefe, A  prefentment  at  the  fefTions  by  a  juftice  of  the  peace, 

upon  his  own  knowledge,  of  fuch  a  highway  not  repaired,  is  as  a 
prefentment,  of  12  men,  upon  which  :he  juftices  may  aflefs  a  fine, 
by  ^  EL  f.  13.  and  3  P.  ^  M.  c.  8  bat  the  party  may  have  a 
traverfe  to  the  prefentment  by  the  faid  ftatute  of  5  E/.  CroKp. 
no. 

And  Mr.  Havskhs,  obferving  upon  this  opinion,  faith  thus:  It 
hath  been  holden,  in  the  expofuion  of  this  claufe,  that  the  party 
againft  whom  fuch  a  prefentment  fhall  be  made,  cannot  take  any 
traverfe  to  the  want  of  repair  of  fuch  highway  ;  but  it  is  agreed, 
that  he  may  plead  that  Tome  other  perfon  ought  to  repair  the 
fame,  and  traverfe  his  osvn  obligation  to  do  it.  Neither  can  I  fee 
upon  what  reafon  the  former  opinion  is  grounded,  that  he  cannot 
traverfe  the  want  of  repair  of  fuch  highway  ;  for  fmce  the  ftatute 
exprefly  faves  to  every  perfon  who  fhall  be  touched  by  any  fuch 
prefentment,  his  lawful  traverfe  to  the  fame,  as  he  might  have  to 
an  indidlment  of  trefpafs  or  forcible  entry  ;  and  fmce  it  feems  clear, 
that  every  defendant  to  any  fuch  indiffment  ('viz.  of  trefpafs  or 
forcible  entry)  may  traverfe  the  whole  matter  aliedged  againft  him, 
why  may  he  not  as  well  have  the  fame  benefit  in  the  prefent  cafe  ? 
And  tho'  the  record  of  a  juftice  of  the  peace,  adting  by  force  of 
any  ftatute,  as  a  j'jdge  be  not  traverfable,  yet  it  feems  hard  by 
fuch  a  general  rule,  to  malce  any  record  not  traverfable,  which  by 
the  exprefs  words  of  the  ftatute  which  authorizes  the  making  of  it 
is  allowed  to  be  traverfable.      i  Ha-iv.  217. 

To  which  may  be  added,  that  the  ftatute  doth  not  fay,  that 
fuch  prefentment  ftiall  be  of  like  force  as  if  found   by  the  oaths  of 
both  juries  (that  is  to  fay,  both  of  the  grand  and  traverfe  jury), 
but  only  that  it  fhall  be  of  the  hke  force,  as  if  it  had  been  pre- 
fented, 


11 


5^t'Sl)tt)ai>5.  559 


fented,  found,  and  ac'judged,  by  the  oath  of  i2  men  ;  which  can 
only  intend,  that  it  (lull  be  of  equal  force  with  the  prefentment  of 
a  grand  jury. 

So  that  the  fenfe  of  the  ftatute  perhaps  may  be  no  more  than 
this ;  that  if  the  party  is  prefent  in  court,  and  fubmits  to  the  pre- 
fentment, the  juftices  may  immediately  aflefs  a  fine  :  but  he  may 
traverfe  the  prefentment  if  he  will ;  and  if  upon  the  traverfe  he 
ftiall  be  acquitted,  then  there  can  be  no  foundation  for  fining  him. 
But  if  he  is  abfent,  it  is  reafonable  that  he  be  firll  fummoned  to 
anfwer  for  himfelf ;  and  if  he  fhall  afterwards  be  convidled  either 
by  confelTion,  or  by  verdidt,  then  will  be  the  time  to  fet  the  fine. 
Otherwife,  the  aflefTmg  of  a  fine,  in  this  and  tlie  like  cafes,  feem- 
eth  to  be  premature ;  beginning  where  the  court  fhould  end  ;  be- 
ing in  effed  the  giving  of  judgment  before  they  have  heard  the 
parties ;  and  it  is  pofTible  the  defendant  may  be  acquitted,  and 
then  the  fining  of  him  is  ridiculous. Befides,  that  the  court  can- 
not fo  well  judge  beforehand  of  the  quantum  of  the  fine,  which 
ought  to  be  proportioned  according  to  the  demerits  of  the  offence  ; 
of  which  they  can  by  no  means  judge,  until  the  matter  hath  come 
before  them  in  a  legal  courfe  of  proceeding. 

XXVIII.  Pozvcr  of  the  leet  to  punijh  offences.         Leeu 

1.  The  fteward  of  the  leet  hath  power  given  him,  to  inquire 
by  the  oaths  of  the  fuitors,  of  offences  againfl  the  abovefaid  fta- 
tutes  of  2  fei"  3  P.  y  M.  c.  8.  and  i8  EL  c.  lo.  and  to  affefs 
fines  and  amerciaments  for  the  fame. 

2.  And  he  who  is  prefented  in  a  court  leet,  for  any  offence  re- 
lating to  the  highways,  can  only  traverfe  it  fo  far  as  it  concerns 
his  freehold  ;  as  by  charging  him  with  being  bound  to  fuch  repairs 
in  refpedl  of  the  tenure  of  his  lands ;  for  which  purpofe  he  may 
remove  it  by  certiorari  into  the  king's  bench,  and  there  traverfe  it. 
I  Haau.  2 1 9. 

XXIX.  Fines  and  the  difpofal  thereof.  Fine?. 

1 .  All  the  penalties  and  forfeitures  by  any  ftatute  (as  hath  been 
obferved  in  the  preamble  to  this  title)  are  vcfted  in  the  informer, 
by  the  24  G.  2.  r.  43.  But  the  fnes  upon  an  indiiiment  or  fre- 
fentment  feem  to  continue  as  before. 

2.  Concerning  which  it  is  enabled,  by  the  o^W.  c.  iz.  that  no 
fine  fhdU  be  returned  into  the  exchequer,  but  fhaU  be  levied  and 
paid  into  the  hands  of  the  farveyors,  to  be  applied  towards  the 
repair  of  the  highways.    /  14. 

3.  And  if  any  fine  impofed  for  not  repairing,  fhall  be  levied 
on  any  one  inhabitant,  or  more  ;  fuch  inhabitant  fhall  make  com- 
plaint to  the  juftices  at  the  fpecial  fefTions,  and  the  faid  juftices  or 
any  two  of  them  may  by  warrant  under  their  hands  and  feals  caufe 
a  rate  to  be  made  for  reimburfing  him  ;  which  rate  fo  made,  and 
confirmed  by  two  jurtice?,  fhall  be  coUefled  and  levied  by  the  fur- 
veyor,  bydiflrefs;  who  fhall  within  one  month  after  confirming 
the  rate  pay  the  fame  to  fuch  inhabitant.     3  //'.  r.  1 2.  /.  14. 

4.  And 


560  i^!'ei)ibaj'S. 


4.  And  if  any  fine  ftiall  be  niifapplied  by  any  perfon,  he  fliall 
on  convittion  thereof  at  the  fpecial  feffions,  by  proof  upon  oath, 
forfeit  5  /.  to  the  informer,  by  diflrcfs.      i  G.  Jl.  2.  r.  52.  /  5. 

Account,  XXX.  Surveyor's  account. 

The  furveyor  before  he  (hall  be  difcharged  from  his  office,  ihall 
at  fome  fpecial  feflions  give  an  account  upon  oath  of  all  money 
that  has  come  to  his  hands,  which  oiigtu  to  be  employed  in 
amending  of  the  highways,  and  how  he  hath  difpofed  thereof; 
and  if  any  fhall  remain  in  his  hands,  he  fhall  deliver  the  fa.-ne  to 
his  fiacceflbr,  and  in  cafe  of  failure,  he  ihall  forfeit  double  value 
of  what  fhall  be  adjudged  to  be  in  his  hands  by  the  faid  juftices, 
to  be  levied  by  diftrefs,  by  warrant  of  two  juftices  of  the  divifion, 
and  in  default  thereof,  of  any  neighbouring  juftices.     3  W.  c.  12. 

/9- 

For  which  account  or  oath  no  fee  Ihall  be  taken.  \G.  Ji.  2, 
f.52./  II. 

Appeal.  XXXI.  appeal 

1.  If  any  perfon  is  aggrieved  with  any  afFeffment,  or  other  aft 
hy  the  juftices,  done  on  the  ftatute  of  3  IV.  c.  12.  he  may  appeal 
to  the  feiTions,  whole  order  therein  fhall  bind  all  parties.    /.  19. 

2.  And  perfons  aggrieved  by  any  thing  done  on  the  aft  of 
I  G.  Ji.  2.  c.  52.  (except  thofe  who  fhall  negleft  to  fcour  their 
ditches,  and  carry  away  the  earth  taken  out  of  them,  or  who  (hall 
not  carry  away  (lone,  timber,  llraw,  or  dung  left  in  the  highways, 
or  who  fhall  not  remove  any  other  annoyances  by  watercourfes) 
may  appeal  to  the  next  fefTions,  whofe  order  (hall  conclude  and 
bind  all  perfons.    /  12. 

3.  Other  appeals,  where  the  law  admits  of  them,  are  annexed 
in  the  particular  offences. 

XXXIL  Certiorari. 

By  the  22  C.  2.  c.  12.  it  is  provided,  that  no  prefentment  or 
indiftment  for  the  defedl  of  repairs  of  highways,  fhall  be  removed 
by  cirtkrari  or  otherwife,  till  after  traverfe  and  judgment,  f.  4. 

And  by  the  ftatute  of  the  3  JV.  c.  12.  No  prefentment,  indift- 
ment, or  order  made  upon  that  aft,  fhall  be  removed  at  all  by 
certiorari,  into  any  other  court.     /  23. 

But  by  the  5  IV.  c.  1 1.  If  the  right  or  tide  to  repair  come  in 
queftion,  a  certiorari  (upon  affidavit  made  of  the  truth  thereof) 
may  be  granted  to  remove  the  fame  into  the  king's  bench  ;  pro- 
vided that  the  party  profecuting  the  certiorari,  (hall  (before  the 
allowance  thereof)  find  two  manucaptors  who  fliall  enter  into  re- 
cognizance of  20/.  before  a  jjftice  of  the  peace,  that  he  fhall  at 
his  own  cofts  and  charges  procure  the  ifTue  to  be  tried  at  the  next, 
affizes,  as  in  the  cafe  of  other  certioraries.    f.  6. 

And  it  hath  been  refolved,  that  if  the  quarter  feffions,  under 
pretence  of  the  juril'diftion  given  them  by  thefe  ftatutes,  take  upon 

them 


j 


^iQftVOUfS.  561 


them  to  do  a  thing  manifcftly  exceeding  their  authority,  as  to  make 
an  order  on  iurveyors  to  maice  up  their  accounts  before  a  fpecial 
feflions,  their  proceedings  may  be  removed  by  certjnrari  i-iro  the 
king's  bench,  and  there  quaflied  ;  for  the  'ju.irter  fefilons  have  no 
manner  of  power  given  them>  to  intermeddle  originally  with  fuch 
accounts,  but  only  by  way  of  appeal,     i  Ha<vj.  218. 

And,  M.  3  G.  2.  A',  and  Greenhavj .  A  certiot  ri,  for  the 
likereafon,  was  granted  to  remove  an  indiflment  for  not  doing  the 
ftatute  labour ;  for  the  ftatute  hath  appointt-d  another  method  of 
proceeding  againli  fuch  offender,  and  not  by  indidment.  Str. 
849. 

M.  6  G.  2.  K.  and  Eckerjhall.  An  order  was  made  on  the 
7  $3*  8  /^.  f.  29.  for  the  parifh  at  large  to  repair  the  highways, 
the  6  d.  in  the  pound  levied  on  the  townlhip  not  being  fufii- 
cicnt.  And  a  certiorari  being  moved  for,  it  was  objefted,  that 
the  3  W.  c.  12.  had  taken  it  away.  To  which  it  was  anfwered, 
that  this  is  an  order  founded  on  a  fubfequent  law.  But  by  the  court. 
They  muft  both  be  taken  together  :  the  rate  muft  be  made  in  aid 
of  the  townlhip,  by  virtue  of  the  former  law.  So  a  certiorari 
was  denied,     otr.  94.4. 

£.  4  G.  2.  K.  and  the  inhabitants  of  Hamivorth.  Upon  mo- 
tion to  qualh  a  certiorari  to  remove  an  indiftment  againft  the 
defendants  at  feflions,  for  not  repairing  a  bridge ;  ic  was  inlifted, 
that  by  the  i  ^n.  c.  18.  the  certiorari  is  taken  away.  To  which 
it  was  anfwered,  and  refolved  by  the  court,  that  this  acl  extended 
only  to  bridges  where  the  county  is  charged  to  repair ;  and  that 
where  a  private  perfon  or  parifh  is  charged,  and  the  right  will 
come  in  queftion,  the  1^  W.  c.  11.  had  allowed  the  granting  a 
certiorari.     And  therefore  they  refufed  to  quafh.     Str.  900. 

E.  17  G.  2.  K.  and  FareiJoelL  The  profecutor  of  an  indi£l- 
ment  for  a  nufance  in  the  highway,  took  out  a  certiorari;  and 
the  defendant  moved  to  qualh  it,  there  being  no  affidavit  made  ac- 
cording to  the  1^  W.  c.  \i.  nor  any  recognizance  given  according 
to  former  ftatutes  concerning  certioraries.  But  the  court,  on  con- 
fidering  thefe  a£ls,  held,  that  they  related  only  to  certioraries  ap- 
plied for  by  defendants,  and  not  to  one  for  the  king,  as  this  was. 
And  many  precedents  were  fhewed  of  certiorari^  for  a  profecutor 
taken  out  in  the  manner  this  was.  And  the  certiorari  was  allowed. 
5/r.  1209. 

XXXnt  rum-pikes. 

After  having  firft  premifed,  that  by  the  28  G.  2.  c.  17.  it  is 
provided,  that  every  profecutor  or  informer  may  fue  for  an/ 
forfeiture  or  penalty  impofed  by  any  act  relating  to  turnpike 
roads,  in  the  manner  diredled  by  fuch  aft,  or  in  any  of  the 
courts  at  Wejlminjier  in  manner  following,  wa.  if  it  is  a  pecu- 
niary penalty,  by  adlion  of  debt,  in  which  it  fhall  be  fufficienC 
to  declare,  that  the  defendant  is  indebted  to  the  plaintiff  in  the 
fum  of  [■  "■  ■  ■■  being  forfeited  by  an  adl  intituled.  An  ad  to 
amend  an  a£i  rnxide  in  the  zbth  year  of  the  reign  of  his  -prefent 
majejty,  intituled,    Jjt  aSl  for  the  amendment  and  p-e/ervation  of 

Vo  L.  I,  Q  O  tht 


562  i^i'gljvua^s. 


thf  puhlick  highnuays  and  turnpike  roads  of  this  kingdom  5  arrd  for 
the  more  ejfe^ual  execution  of  the  laivs  rclatiffg  thereto  ;  and  if  it 
is  a  horfe,  bead,  or  other  gooes,  by  an  aflidn  of  trover,  in  which 
the  value  thereof  Hiall  be  given  in  damnges,  without  any  pro6f 
of  any  feizure  or  demand  :  Hut  only  that  there  fliall  Be  one  reco- 
very for  one  offence  hcna  fide ;  and  no  ai^ion  by  this  acl  to  be 
brought  in  the  courts  at  Wef/ninjltr,  but  in  fix  months  :  /  15,  16. 
It  is  judged  proper  under  this  head  (which  is  at  length  become  a 
little  perplexed)  to  proceed  in  the  following  manner  : 
Qualificaiion  of  1 .  No  perfon  (hall  be  qualified  to  aft  as  a  turnpike  trul^etf, 
turnpike  truftecs.  unlefs  he  fhall  be  in  his  own  right,  or  in  right  of  his  wife,  in  the 
aftual  poffefSon  or  receipt  of  the  rents  and  profits  of  lands  of 
the  clear  yearly  value  of  40/.  or  pofTefled  of  or  intitlcd  to  per- 
fonal  eftate  alone,  or  real  and  perfonal  cflate  together,  to  the  valae 
of  800  /.  01'  fhall  be  heir  apparent  of  a  perfon  pofTeffed  of  an 
eftate  iri  land  of  the  clear  yearly  value  of  80/.  and  unlefs  he  fhall 
(not  being  fuch  heir  apparent)  before  he  ^fls  is  truftee,  take  and 
fubfcribe  the  oath  following  before  two  truftees,  njtz.  7  A.  B.  do 
fvoear,  that  I  truly  avdhowx  fide  ain  in  my  oivi:  right,  or  in  right 
of  viy  'Wife,  in  the  aiiual  foJJ<ffion  atid  enjoyment,  or  receipt  of  the 
rents  atid profits  cf  lands,  /.  ncments,  or  hereditaments,  rf  the  char 
yearly  'v<:lue  of  40  1.  or  poffeffed  of,  or  intitlcd  to  a  perfonal  c/iate 
alone,  or  real  and  perfonal  efnte  together,  to  the 'V.ilue  of  %oo\.  So 
help  me  god.  And  if^  any  perfon  fhall  aft  contrary  hereto,  he  fha'l 
forfeit  50/.  to  him  who  fhall  fue.      28  G.  2.  c.  17.  /  13. 

Note  ;  This  is  one  genei'al  qualification  for  all  turnpike  truflfees. 
By  the  feveral  particular  turnpike  afts,    other  qualifications  are 
ufually  appointed,  all  which  fhall  fbnd,  where  the  eitate  is  limited 
above  what  is  here  direfted  ;  only  this  claufe  provides,  that  no 
turnpike  truftee  whatfoever  fhall  have  lefs  eftate  than  is  here  li- 
mited. 
Alehoufekefpers       2.  No  perfon  keeping  a  viftualling  houfe,  alehoufe,  or  other 
not  to  be  turn-    \^QXi{e  of  publick  entertainment,  fliall  be  capable  of  anv  place  of 
*^  *        truft  or  profit  under  turnpike  truftees,  or  of  farming  the  tolls. 

26  G.  2.  c.  30-  /  20. 
Erefling  a  turn-       3.  If  the  truftces  fliall  ereft  or  continue  nny  turnpike- gate, 
pike  gate  with-    where  fhey  have  no  power  fo  to  do;  the  juftices  in  leflions,  on 
*'"we^*  "  complaint  thereof,  may  finally  determine  the  fame  in  a  fummary 

way,  and  order  the  fheriff  to    remove   it.      5  G.  z.  c.  33.  /  4. 
8  G.  2.  c.  20.  /  17. 
Pulling  down  4.   By  the  8  G.  2.  c.  20.  If  any  perfon  fliall  either  by  day  or 

turnpike  gates,  night,  wilfully  or  maliciouily  pull  down,  eut  down,  pluck  up, 
thiow  down,  level,  or  otherwife  deftroy  any  turnpike  gate,  poll, 
rail,  wall",  chain,  bar,  or  other  fence,  belonging  to  any  turn- 
pike gate,  or  any  other  chain,  bar,  or  fence  fet  up  to  prevent 
paftengers  from  pafTmg  by  without  paying  toll,  or  any  houfe 
erefted  for  the  ufe  of  any  turnpike  gate,  or  forcibly  refcue  any 
perfon  in  cuftody  for  any  the  faid  offences,  he  fhall  be  guilty 
of  felony  without  benefit  of  clergy,    f  \. 

And  the   faid  olfences  may  be  tried  in  any  adjacent  count):. 

And 


i^/S!)\Uai>5.  563 


And  by  the  5  G.  2.  c.  33,  which  made  the  like  ofFences  felony 
hnd  tranfportacion,  the  charges  of  profecution  Ihall  be  paid  out  of 
the  tolls. 

But  the  attainder  fhall  not  work  corruption  of  blood,  nor  for^ 
feiture  of  lands  or  goods.     8  G.  2.  c.  20  /  4. 

And  if  any  perfon,  guilty  of  any  the  faid  ofFences,  and  being 
out  of  prifbn,  fhall  difcover  and  caufe  to  be  apprehended,  one  or 
more  perfons  who  (hull  have  committed  any  of  the  faid  felonies, 
ifo  as  he  (hall  be  convifted,  he  fhsll  have  a  pardon.    /.  5. 

And  the  hundred  (hail  anfvver  aamages,  not  exceeding  20  /. 
as  ill  cafes  of  robbery  ;  to  be  fued  for  in  the  name  of  the 
clerk  of  the  peace,  without  naming  him  ;  the  faid  damages  to 
be  applied  as  the  tolls  are.    f.  6,  %. 

But  if  an  offender  is  convifted  in  12  months,  the  hundred 
fhall  not  be  liable,  but  if  they  have  paid  fuch  damages,  the 
fame  (laall  be  repaid  to  them  out  of  the  tolls.    /  7. 

Alfo  no  aftion  for  fuch  damages  (hall  be  brought,  unlefs  in- 
formation on  oath  be  made  thei-eoF  within  fix  days,  before  a 
juftice  in  or  near  the  hundred,     f.  9. 

Nor  unlefs  the  fuit  be  commenced  in  fix  months.    /  10. 

5.  If  any  perfon  fhall  afiault  or  threaten  the  colledor  of  the  Mifufirig  the 
toll,  or  forcibly  pafs  through  without  paying  toll,  or  fhall  for-  coUaor  of  the 
cibly  carry  away  or   detain   him  fo  as  he  fhall  not  be  able  to 

return  to  his  duty  for  three  days ;  he  fhall,  on  convittion  (after 
fummons)  by  oath  of  one  witnefs,  before  two  juflices  near  the 
divifion,  forfeit  5/.  by  warrant  of  the  faid  juflices,  by  dilbefs ; 
■for  want  of  diflrefs,  to  be  committed  by  them  to  gaol  for  fix 
months,  unlefs  he  fhall  be  fooner  difcharged  by  the  quarter  fef- 
fions ;  and  for  the  fecond  or  third  ofFcnce,  he  fhail  forfeit  10/.  in 
like  manner,  and  for  want  of  diflrefs  fliaU  be  imprifoned  for  a 
year,  and  before  he  is  difcharged  fhall  give  fecurity  at  the  general 
■quarter  feflions  for  his  behaviour  for  leven  years.  8  G.  2.  c.  20. 
/  II. 

And  the  colleftor  of  the  toll  may  feize  and  detain  any  perfon 
■guilty  of  the  ofFences  before  mentioned,  and  carry  him  before  a 
juftice  without  a  warrant ;  who  fhall  bind  him  over  to  appear  at 
the  next  petty  fefFions  for  the  divifion,  or  commit  him  till  he  finds 
fecurity  to  appear,    f.  \z. 

But  perfons  aggrieved  by  any  order  of  two  juflices  as  aforefald, 
'may  appeal  to  the  next  general  quarter  fefFions  ;  and  if  ths  court 
fhall  think  that  reaFonable  time  of  notice  was  not  given,  they  may 
adjourn  the  appeal  to  the  next  quarter  fefFions ;  and  may  award 
colls  to  either  party.    /  i  5. 

And  no  certiorari  fhall  be  granted  to  remove  any  thing  on  this 
aft,  out  of  the  county,  into  any  other  court.    /  16. 

And  if  an  adion  is  brought  againft  any  on  this  a£l,  it  fhall 
be  laid  in  the  proper  county  ;  and  the  defendant,  if  he  recovers, 
ihall  have  treble  colls.    /  \  8. 

6.  It  fhall  not  be  lawful,  for  any  waggon,  wairi,  cart,  or  wheel  Erea<?th  of  the 
carriage,  to  be  drawn  on  any  turnpike  road,  unlefs  the  fellies  of  the  p'iir4jci"/'"^'*' 
\vheels  be  nine  inches  broad  (except  as  hereafter  excepted);  on  pain 

Uiat  the  owner  thereof  fhall  forfeit  5  /,  half  to  him  who  fhail  in- 
O  o  2  form 


564  i^i'g!)U)apg. 


form  and  fac,  and  half  to  the  (ruftees  for  repairing  the  turnpike 
road  :  to  be  recovered  in  the  courts  at  Wejiminjler  with  treble 
colb;  or  before  two  jufticcs  where  the  offence  fhaJl  be  committed, 
who  may  on  complamt  in  ten  days,  fummon  the  party,  and  the 
witnefTcs  on  either  fide  5  and  if  the  party  (hall  not  appear  on  fuch 
fummons,  then  on  oath  of  the  faft  committed  they  may  iflTue  their 
warrant  for  apprehending  him  within  their  jorifdidlion ;  and  upon 
his  appearance  or  contempt  (on  proof  of  notice  given)  they  may 
proceed  ;  and  if  he  (hall  be  convifled,  either  by  view  of  the  ju- 
Aices  or  any  of  them,  or  on  fuch  information,  or  confefTion,  they 
may  iffue  their  warrants  to  levy  the  penalty  with  cofts  of  profecu- 
tion,  by  diftref?,  and  if  not  redeemed  in  five  days,  byfale;  and 
where  goods  of  the  oft'erder  cannot  be  found,  may  commit  him  to 
prilbn  for  three  months,  or  till  payment.  Perfons  aggrieved  may 
appeal  to  the  next  general  feflions,  giving  14  days  notice  ;  and  in 
live  days  after  fuch  notice,  entring  into  recognizance  with  two 
fureties  before  one  juflice,  to  try  the  appeal :  and  the  feflions  may 
mitigate  the  penalty ;  and  may  give  cofts,  and  by  their  order  or 
warrant  caufe  the  cofts  to  be  levied  by  diltrefs  of  the  goods  of  the 
party  appealing,  and  for  want  of  fufficient  diftrefs  may  commit 
him  to  the  common  gaol,  not  exceeding  two  motiths,  or  till  pay- 
ment of  fuch  cofts  ;  and  if  the  party  fliall  live  in  another  diftrid, 
any  juftice  there,  on  a  copy  of  the  order  proved  upon  oath,  may 
by  his  warrant  caufe  the  fame  to  be  levied  by  diftrefs,  and  if  no 
fufficient  diftrefs  can  be  had,  fhall  commit  him  to  the  common  gaol 
not  exceeding  two  months,  or  till  payment.  26  G.  2.  c.  30.  /.  \, 
lb,   x-j.  ,  _ 

Or  otherwife  fuch  owner  fhall  forfeit  any  one  of  the  horfes  or 
beafts,  not  being  the  thill  horfe,  together  with  the  accoutrements, 
to  the  fole  ufe  of  him  who  fhall  feize  or  diftrain  the  fame.  And 
the  perfon  feizing  fliall  deliver  fuch  diftrefs  to  the  conftable  or 
fome  other  parifh  officer  in  or  near  the  place  where  the  feizure 
fhall  be;  who  fhall  receive  and  keep  the  fame,  till  the  perfon  feiz- 
ing fhall  make  proof  on  oath  before  a  juftice  of  the  offence ; 
which  juftice  fhall  thereupon  iffue  his  precept  to  fuch  conftable  or 
parilh  officer  immediately  to  deliver  the  fame  to  the  feizor,  to  and 
for  his  own  ufe  and  benefit,  paying  fuch  reafonable  charges  for 
keeping  and  fecuring  the  fame,  as  the  juftice  fhall  diredt ;  but  if 
no  fuch  proof  be  made  in  three  days,  the  diftrefs  fhall  be  returned 
to  the  owner,  he  paying  reafonabje  charges  for  the  keeping  and 
fecuring  the  fame.  And  if  any  perfon  fhall  attempt  to  obftrudt 
the  diftraining  thereof,  he  fhall  forfeit  10/.  to  be  recovered  and 
difpofed  as  above,    f.  2,  13. 

And  if  any  perfon  fhall  dri've  with  wheels  of  lefs  gage,  or  with 
more  than  the  number  of  eight  horfes  in  four  wheel  carriages,  or 
more  than  five  in  two  wheel  carriages  (except  fuch  as  are  carrying 
one  piece  of  timber,  or  one  ftone,  or  block  of  marble)  ;  the  con- 
ftable, or  furveyor  of  the  highways,  or  any  other  inhabitant  of 
the  parifh  or  place  where  the  oftence  fhall  be  committed,  and  the 
furveyor  of  the  turnpike,  or  any  perfon  appointed  by  five  truftees, 
m?y  apprehend  and  take  fach  driver  before  a  juftice  ;  and  on  con- 
viction by  confcflion,  or  oath  of  one  witnefs,  he  fhall  forfeit  5  /. 
I  and 


i^i'si)Mmr«{.  565 


tnd  if  he  have  no  goods  whereon  immediate  diftrefs  may  be  had, 
the  juftice  may  commit  him  to  the  houfe  of  correction  for  one 
month,  or  till  paid.    /I  14. 

By  the  wheel  being  nine  inches  broad  is  to  be  underflood, 
that  the  lole  or  bottom  of  the  fellies  (hail  be  nine  inchcj  broid, 
from  fide  to  fide,  at  the  leaft,  and  flat  and  even  from  fide  to 
fide,  as  near  may  be.     28  G.  2.  c.  \i.  f-  5. 

And  any  two  turnpike  truftees,  by  writing  under  their  hands, 
may  order  the  fellies  to  be  meafured  at  the  turnpike  gate ;  and 
if  any  perfon  Ihall  attempt  to  obftruft  the  meafuring  thereof, 
he  fliall  forfeit  10/.  in  like  manner.     26  G.  2.  c.  30.  /.  11,  13. 

But  if  it  fhall  appear  that  the  fellies  when  firft  made  were 
©f  nine  inches,  and  are  narrowed  by  wearing,  no  penalty  (hall 
be  incurred  if  they  meafure  full  eight  inches,    f.  12. 

And  the  truftees,  or  five  of  them,  fhall  from  time  to  time, 
caufe  turnpike  roads  to  be  levelled,  and  put  in  condition  for 
the  ufe  of  travellers  and  carriages.     28  G.  2.  c.  17.  f.  6. 

And  no  greater  toll  on  turnpike  roads  flial!  be  demanded  for 
carriages  having  wheels  nine  inches  broad,  than  ia  requifed  by  the 
refpeftive  turnpike  afts  to  be  paid  for  waggons  or  other  four  wheel 
carriages,  drawn  by  five  or  four  horfes  or  beafts.     26  G.  2.  <.  30. 

/7- 

Moreover  by  the  28  G.  2.  e.  17.  For  three  years  from  June  24. 
1755.  but  no  longer,  all  waggons,  wains,  carts,  and  carriages, 
for  all  goods  and  merchandize,  loaden  or  unloaden,  having  the 
fellies  nine  inches  broad,  may  pafs  through  any  turnpike  gate  with- 
out paying  toll.    f.  i . 

And  alfo  the  horfes  drawing  the  fame  fhall  for  the  faid  three 
years  be  exempted  from  tolls,  as  the  carriages  are.    /.  10. 

But  this  (hall  not  extend  to  any  chaife  marine,  coach,  landau, 
berlin,  chaife,  or  calafh ;  nor  to  any  waggon  drawn  by  lefs  than 
five  horfes  or  bealts :  nor  wain,  cart,  or  other  two  wheel  carriages, 
drawn  by  lefs  than  four.     26  G.  2.  c.  30.  /  3. 

But  by  the  28  G.  2.  c.  17.  AH  waggons,  wains,  or  other  four 
ijoheel  carriages,  not  being  common  flage  waggons  or  carriages 
(though  the  fellies  are  not  of  nine  inches  or  fix  inches)  may  pafs 
on  any  turnpike  road,  with  any  number  of  horfes  or  beafts  of 
draught  not  exceeding  five  horfes  or  beafts  of  draught ;  and  if  any 
owner  or  driver  fhall  travel  with  more,  fuch  owner  fhall  forfeit 
5  /.  by  diftrefs,  by  warrant  of  three  truftees  or  one  juftice  in  or 
near  the  place  where  the  offence  fhall  be  committed ;  and  if  any 
dri'ver  ihall  offend  herein,  fuch  juftice  fhall  commit  him  to  the 
houfe  of  corredion  for  one  month.    /.  8. 

But  by  a  fubfequent  claufe  in  the  fame  ftatute,  any  waggon, 
wain,  or  other  four  wheel  carriage,  not  having  the  fellies  nine 
inches  broad,  may  pafs  on  any  turnpike  road,  provided  it  be  not 
drawn  by  more  than  fix  oxen  or  neat  cattle  in  pairs,  and  two 
horfes;  or  eight  oxen  in  pairs,  with  one  horfe;  And  any  cart  or 
other  two  wheel  carriage,  not  having  the  fellies  of  the  breadth 
aforefaid,  may  pafs,  provided  it  be  not  drawn  by  more  than  fix 
oxen  or  neat  cattle  in  pairs,  and  one  horfe  i  or  foar  oxen  in  pairs, 
and  two  horfes,    /".  g. 

O  9  3  Alfo 


566  i^igljTCbars. 


Alfo  by  tlie  faid  aft  of  the  28  G.  2.  c.  17.  All  waggons  havrng 
the  fellies  fix  inches  broad,  may  pjifs  through  any  turnpike  gate, 
with  fix  horfes  ;  and  all  carts  and  other  carriages  having  the  fellies 
fix  inches  broad,  with  four  horfes;  without  paying  more  toll, 
than  is  paid  for  waggons  now  drawn  by  four,  and  carts  drawn  by 
three  horfes,  or  for  the  horfes  drawing  the  fame.    /  2. 

Note  ;  By  the  general  claufe  abovementioned,  in  the  ftatute  of 
the  28  G.  2.  c.  17.  /  8.  which  enaiSeth,  that  if  any  owner  or 
driver  fl\all  travel  with  more  than  five  horfes,  in  any  waggon, 
wain,  or  other  four  ^Mhcel  carriage,  with  fellies  lefs  than  nine  or 
fix  inches  broad  refpeftively,  he  {hall  be  liable  to  a  penalty ;  it 
feemeth  that  a  coach  or  other  like  carriage  with  fix  horfes  cannot 
pafs,  without  incurring  fuch  penalty :  In  former  afts,  there  is  a 
claufe  of  exemption  for  coaches,  landaus,  berlins,  chaifes,  and 
fuch  like,  which  by  miftake  feemeth  to  have  been  omitted  out  of 
this  aft. 

And  to  prevent  the  tolls  from  being  diminifhed  by  the  exemp- 
tion of  nine  inch  wheels,  it  is  enafted,  that  for  three  years  from 
June  2\.  1755.  and  no  longer,  the  turnpike  truftees,  or  five  of 
them,  may  caufe  to  be  taken  and  additional  toll,  if  they  fhall  find 
the  fame  neceffary  on  confidering  the  ftate  of  their  refpcftive  tolls, 
not  exceeding  one  fourth  part  more  than  the  tolls  payable  by  the 
refpeftive  afts,  for  every  coach,  caravan,  chaife  marine,  landau, 
berlin,  chariot,  chaife,  chair,  and  calafn,  and  for  all  waggons, 
wains,  carts,  and  other  carriages,  not  having  the  fellies  nine  inches 
or  fix  inches  broad  rtfpeftively.      28  G.  2.  if.  17.  /  3. 

And  that  the  faid  lefiening  of  the  tolls  may  not  be  prejudicial  to 
perfons  who  have  lent  money  on  the  tolls;  every  turnpike  aft 
made  this  feffion  of  parliament  or  before,  fhall  continue  for  five 
years  from  its  expiration.     /  4. 

And  where  the  toll  on  horfes  or  other  beafts  drawing  or  paffing 
through  any  turnpike  gate,  doth  not  amount  to  more  than  !^  d.  for 
every  horfe  drawing  any  wheel  carriage,  not  having  the  fellies  of 
nine  inches  or  fix  inches,  or  to  more  than  i  d.  for  two  horfes,  or 
to  more  than  i  I-  d.  for  three  horfes  drawing  fuch  carriage  ;  the 
truftees,  or  five  of  them,  may  if  they  find  it  neceffary  on  confider- 
ing the  ftate  of  their  tolls,  colleft  double  the  former  tolls  in  cafe 
they  do  not  exceed  \  d.  and  1  ^  d.  in  cafe  they  do  not  exceed  i  d. 
and  2  d.  in  cafe  they  Ao  not  exceed  \  \d  -,  and  may  colleft  the 
I  additional  toll  direfted  to  be  taken  by  this  n€c,  in  cafes  where  the 

prefent  toll  amounts  to  zd.  or  more  upon  the  horfes  drawing  any 
carriage,  in  fuch  manner  as  if  fuch  toll  were  laid  upon  the  car- 
riage ;  anv  thing  in  this  or  in  any  former  aft  notwithftanding. 
/ii. 
Weighing  tn-  7'  The  turnpike  truftees,  or  any  five  of  them,  mr^y  caufe  to  bs 

gincs,  with  the  erefted  (on  any  part  of  the  turnpike  road,  21  G.  2.  c.  z^.  f.  1.) 
additional  toll  ^  crane,  machine,  or  engine,  for  the  weichino;  of  carts,  waggons, 
for  over  weight,  ,  .       ^  ^       '  .  r  '  j  u       ^• 

"       or  other  carnage?,  for  the  conveying  or  gooos;  and  by  writing 

figned  by  them,  may  order  fuch  carriages  which  pafs  through  fuch 
gate  (except  as  hereafter  excepted)  to  be  weighed  with  their  load- 
ing ;  and  impower  any  perfen  to  take,  over  and  above  the  other 

tol>. 


i 


3^!'g!)lbat>5.  567 


I 


toll,  20/  for  every  hundred  weight  above  60,  to  be  levied  as  the 
other  tolls.     14  G.  2.  c.  42.  /  I,  3. 

And  if  it  is  within  3c  miles  of  Lcndcn,  &nd  the  tolls  amount  to 
150/.  a  year,  they  yZ^;//  in  fome  convenient  place,  caufe  fucj) 
crane  oj  engine  to  be  ereded,  24  G.  2.  r.  43.  J.  6,  7. 
■  But  this  Ihall  not  extend  to  cnrts,  waggon?,  or  other  carriages, 
employed  only  about  hufl-andry,  or  carrying  of  only  cheefe,  butter, 
hay,  liraw,  corn  unthreflied,  or  chalk,  or  any  one  flone,  block  of 
marble,  or  piece  of  timber,  nor  to  caravans,  or  the  covered  car- 
riages of  noblemen  and  gentlemen  for  their  private  ufe,  or  fucH 
timber,  aijimunition,  or  artillery,  as  fliall  be  for  his  majefty's  fer- 
vjce.      14  (7.  2.  f.  42  /  5. 

Alfo  it  fhall  notwithftanding,  be  lawful  for  any  carriage  loaden 
with  or  carrying  one  tree  or  piece  of  timber,  or  one  ilone,  or 
block  of  marble  only,  having  the  fellies  of  the  wheels  nine  inches 
broad,  to  pifs  on  any  turnpike  road,  with  any  number  of  horfes  or 
bealls  ;  and  for  any  waggon,  or  other  four  wheel  carriage,  having 
the  fellies  nine  inches  broad,  to  p.ifs  on  any  turnpike  road,  with 
any  number  of  horfes  or  beafls,  rot  exceeding  eight ;  and  for  any 
cart  or  other  two  wheel  carriage,  having  the  fellies  nine  inches 
broad,  with  any  number  not  exceeding  five;  without  bejng  liable 
to  be  weighed,  Or  to  pay  the  additional  toll  of  20  j.  26  G.  2. 
c.  30.  /  4. 

And  by  the  aforefaid  claufe  of  the  28  G.  2.  abovementioned. 
All  waggons,  wains,  cart?,  and  carriages,  for  all  goods  and  mer- 
chandize, loaden  or  unloaden,  having  the  fellies  nine  inches  broad, 
may  for  the  fpace  of  three  years  from  June  24.  1755.  pafs  through 
any  turnpike  gate  without  paying  any  tolls  at  all.     /  i. 

And  if  any  colledlcr  of  the  tolls,  at  any  gate  where  or  near  to 
which  any  engine  for  vveighing  of  carriages  (hall  be  eredled,  fhall 
fufFer  any  cart,  waggon,  or  carriage  aforeiaid,  not  having  the  fel- 
lies nine  inches  broad  to  pafs  v.'ithout  weighing  ;  he  fhall,  on  con- 
viftion  before  three  truftees,  or  one  juftice,  on  the  oath  of  one 
witnefs,  be  committed  to  the  houfe  of  correction  to  hard  labour 
for  one  month.     28  G.  2.  c.  ij.  /.  7. 

And  if  any  perfon  ihall  hinder,  or  attempt  to  hinder,  the  weigh- 
ing, or  feizing  any  diftrefs  for  fuch  additional  toll,  or  (hall  refcue 
the  fame,  or  ufe  any  violence  to  any  perfon  concerned  in  fuch 
weighing  or  feizure;  he  (hall,  on  oath  of  one  witnefs,  before  one 
juftice  where  the  olFence  (hall  he  committed,  or  the  offender  (hall 
dwell,  be  committed  to  gaol  for  three  months,  and  forfeit  10/.  by 
diltrefs;  and  if  not  paid  in  three  days,  to  be  fold.  14  G.  2. 
c.  42.  /  4. 

8.  If  any  perfon  fhall  unload  any  goods,  before  the  fame  fhall  Unloading  goo 
some  to  the  weighing  engine,  in  order  to  avoid  paying  the  20  s.  to  avoid  the  luj 
or  (hall  after  it  has  palfed  the  engine,  load  thereon  any  goods  taken 
from  any  horfe  or  otHer  carriage  belonging  to  fuch  waggoner,  he 
fjiall  forfeit  20 1,  in  like  manner.      2t  G.  2.  c.  28.  /  2. 

And  more  generally,  by  the  28  G.  2.  c.  17.  If  any  perfon  (liall 
unload  any  goods  from  any  carriage  before  they  come  to  the  turn- 
pike gatej,  in  order  to  avoid  payment  of  the  toll;  fuch  perfon,  be- 
O  p  ^  inor 


568  ^iS^VD&VS, 


ing  the  o-vcner,  on  conviftion  before  three  truftees  or  one  juftice^ 
on  the  oath  of  one  witnefs,  (hall  forfeit  5/. ;  if  not  forthwith  paid, 
to  be  levied  by  diftrefs,  rendring  the  overplus  on  demand,  after 
<3edu£ling  the  reafonable  charges  of  making  the  diftrefs  and  fale, 
to  be  fettled  by  fuch  truftees  or  juftice  :  and  every  a'na;fr  oiFending, 
fhall  on  like  conviftion  be  committed  to  the  houfe  of  corredlion 
for  one  month.    /  7. 
Waggon  turned        <)■  And  no  waggon,  or  other  carriage,  travelling  for  hire,  upon 
cut  of  the  road  to  any  turnpike  road,  {hall  be  turned  out  of  the  fame,  into  any  of 
avoid  the  tolls,     ^jjg  roads  adjacent  not  being  turnpike,  in  order  to  avoid,  and  there- 
by avoiding  paying  the  tolls ;  on  pain  of  forfeiting  any  one  of  the 
horfes  drawing  (not  being  the  thill  or  fhaft  horfe)  with  all  his  geera 
and  accoutrements,  to  the  fole  benefit  of  any  perfon  who  fhall 
feize  the  fame ;  and  the  perfon  making  fuch  diftrefs,  fhall  proceed 
in  like  manner,  and  be  intitled  to  the  like  remedies,  as  is  before 
direded  in  cafes  of  feizures  of  horfes,  by  the  ftatute  of  the  5  G. 
c.  12.     24  G.  2.  c.  43.  /  4. 
VrTiat  infcription       lo.   If  any  owner  of  any  waggon,  wain,  or  cart,    travelling 
(hall  be  ca  the     for  hire,  (hall  drive  or  caufe  the  lame  to  be  driven,  on  any  turn- 
waggon,  pjj^g  road,  not  having  his  chriftian  and  furname  and  place  of  abode, 
in  large  letters  on  the  tilt  or  other  confpicuous  part  of  fuch  wag- 
gon ;  he  fhali  forfeit  as  for  having  the  fellies  under  nine  inches 
broad :  and  \i  he  (hall  have  any  fidtitious  name  thereon,  he  fhall 
forfeit  50/.  to  be  recovered  in  the  courts  at  Wejiminjlery  or  before 
two  jadices  as  is  aforefaid      26  G.  2.  c.  30.  f.  15. 

Arid  moreover,  every  owner  of  a  common  ftage  waggon  or 

cart,  having  the  fellies  under  nine  inches  or  fix  inchesj  fhall  over 

and  above  caufe  to  be  painted  on  the  tilt  of  fuch  as  hath  a  tilt, 

ctherwife  on  the  moft  confpicuous  part,  the  following  words  in 

large  and  legible  characters  [CO  MM  ON  STAGE  WAGGON 

or  C  A  R  T]  on  pain  of  forfeiting  one  of  the  horfes  or  beafts  (not 

being  the  (haft  or  thill  horfe)  with  the  accoutrements,  to  him  who 

fhall  feize  the  fame ;  the  feizor  to  have  like  remedy  as  before  is 

fpecihed   in  the  cafe  of  drawing  with  wheels  under  nine  inches 

broad,  by  the  i5  G.  2.  c.  30.  /  2,  13.     28  G.  2.  c.  17.  /  14. 

Prorecution  how       1 1  '  The  turnpike  truftees,  or  five  of  them,  fhall  appoint  per- 

to  be  orderea  for  fons  to  carry  on  profecutions,  for  offences  againft  any  adis  relating 

ortcnces  againft    ^o  turnpike  roads ;  and  charge  the  furveyors  'o  be  diligent  in  in- 

unipi  e  aws.     q^Jring  after  fuch  o(fences  :  and  all  turnpike  officers  (hall  (on  pain 

of  removal  and  difability)  as  often  as  any  o(Fence  fhall  come  to 

their  knowledge,  give  immediate  notice  to  a  trulfee,  who  (hall 

forthwith  procure  a  meeting  of  the  truftees  or  five  of  them,  who 

flial!  give  immediate  diredlions  for   the  profecution.      26  G.  2. 

f.  30.  /  18,  19. 

Provided,  that  they  (hall  not  be  obliged  to  profecute,  unlefs  on 
cpnfelTion  of  the  offender,  or  unlefs  one  witnefs  can  be  produced 
to  prove  the  ofTence.    /  22. 

And  the  truiiees,  or  five  of  them,  ftiall  out  of  the  tolls  pay  to  the 
profecutor,  fo  much  as  the  cofts  allowed  by  law  (hall  fall  (hort  of 
reimburfing  him  his  reafonable  expences.    y;  2 1 . 

And 


^igfyVonv^,  569 


And  every  turnpike  furveyor  and  toll  gatherer,  and  all  fuch 
perfons  employed  by  the  truftces  as  receive  falaries,  who  fhall 
wilfully  negleft  to  feize  any  fupernumerary  horfe  drawing  con- 
trary to  the  adts  of  the  26  G.  2,  c.  30.  and  28  G.  2.  c.  17.  and 
to  lay  fuch  information  upon  oath  before  a  juftice,  or  before  the 
truftees  at  their  meetings,  as  by  the  faid  ad  of  the  26  G.  2.  is 
directed, — (hall  upon  information  on  oath  before  one  juftice,  for- 
feit I  o  /.  half  to  the  informer,  and  half  to  repairing  the  roads  as 
the  truftees  Ihall  think  fit.     28  G.  2.  c.  17.  /  17. 

And  to  prevent  fraudulent  feizures  to  evade  the  penalties,  it 
ihall  be  lawful  for  all  courts,  and  every  juftice  of  the  peace  before 
whom  any  proceeding  Ihall  be,  for  any  penalty  or  forfeiture  in- 
flicted by  any  aft  for  repairing  turnpike  roads,  or  any  way  con- 
cerning the  fame,  and  they  are  required,  where  any  prior  fei- 
zure,  adion,  information,  or  convidion  fhall  be  fet  up  by  way 
of  defence, —  to  examine  into  the  real  merits  thereof;  and  if  it 
fhall  appear  that  the  fame  was  not  done  to  recover  fuch  penalty 
or  forfeiture  for  the  real  parpofes  for  which  they  were  enafted, 
but  to  favour  the  offender,  fuch  prior  proceeding  fhall  be  deemed 
fraudulent  and  void  ;  and  fuch  court  or  juflice  fhall  proceed  as 
if  no  fuch  prior  proceeding  had  been.     28  G.  2.  c.  17.  /  12. 

12.  The  conftable  (hall  execute  all  warrants  on  the  aft  of  the  Conft^Mc  tn  t»- 
8  G.  2.  c.  20.  abovementioned,  and  on  any  former  aft  concern-  «cute  the  wear- 
ing turnpikes  ;  on  pain  of  5  /.  to  be  levied  by  diftrefs,  by  war-  ""!'  °   ^^ 
rant  of  two  juftices  direfted  to  the  high  conftable,  in  like  man- 
ner   as    the  penalties  for  afTaulting    the   colleftor  of  the  toll. 
8  G.  2.  c.  20.  /.  13.  ^ 

HAVING  thus  gone  through  the  great  number  of  laws  re- 
lating to  the  highways,  I   fhall  add   one  obfervacion  upon  the 

whole,  which  is  this; Notwithftanding  that  the  wifdom  of 

the  nation  hath  been  employed  for  above  200  years  in  redrefCng 
the  great  evil  of  bad  roads,  yet  excepting  in  fome  cafes  where 
turnpikes  have  been  erefted,  the  roads  are  as  bad  now,  as  they 
were  in  the  days  of  P/ifi/ip  and  Mary.  And  the  defeft  is  in  many 
places,  not  fo  much  the  want  of  hands,  as  of  proper  direftion. 
The  fame  multitudes  which  will  afTemble  to  demolifli  a  turnpike, 
at  the  hazard  of  their  liberty  and  lives,  are  able,  and  (I  doubt 
not)  would  be  willing,  if  rightly  inftrufted,  to  make  the  roads 
good,  without  paying  turnpilie  tolls.  But  the  misfortune  is  this ; 
altho'  the  laws  have  provided  that  the  furveyors  fhall  be  chofea 
out  of  the  more  fubftantial  inhabitants,  yet  when  that  is  done, 
fcarce  one  of  them  in  500  knows  how  to  make  a  good  road,  and 
if  he  doe.%  his  power  continues  in  efieft  but  for  fix  days ;  and  his 
fuccefTor  probably  hath  other  fchemes  and  notions,  and  the  road 
is  made  never  the  better.  Hence  it  is,  that  when  the  people  af- 
femble  to  repair  the  highways  (if  indeed  they  do  affemble),  the/ 
fpend  the  time  in  diverfions,  and  making  bargains,  and  other  idle 
amufements.  And  why  fhould  they  not?  They  may  as  well  meet 
and  do  nothing,  as  work  hard,  and  to  no  pvirpofe.  And  fi:om  fa 
many  years  experience,  the  cafe  will  never  be  other »vjfe,  unlefs 

th« 


57°  ^iQf)VO&VS; 


the  joftices  of  the  peace,  or  others  (in  like  manner  as  the  turnpi!;e 
trultees^  ihall  have  power  given  to  them  by  aft  of  parlinmer.t,  to 
appoint  general  furveyors,  within  proper  diftrif^s,  with  falaries,  to 
lay  out  the  rpads,  and  attend  and  direc":  the  work,  and  fee  the  fta- 
tute  labour  well  performed.  And  this  may  be  effefled  without  any 
new  aiTeiTment  or  charge;  half  the  prefent  aflefTment  of  6^.  in 
the  pound,  or  even  lels  than  half,  would  be  fufficient  in  many 
places  both  to  fmd  falajies,  and  to  widen  and  purchafe  roads  where 
needful.  And  the  people,  when  they  ihould  find  the  benefit  of 
their  labour,  would  work  with  chej^rfclnefs. 

There  is  another  defeft,  efpecially  in  the  iio;  them  counties,  in 
proportioning  the  number  of  men  and  carriages.  The  law  requires 
no  perfons  to  find  carts  or  carriages  (as  hath  been  faidi  but  thofe 
who  have  50/.  a  year,  or  who  !:eep  a  draught  or  plough  :  All 
others  (having  above  40  j.  a  year'  are  to  find  two  men,  but  no  cart 
or  carriage.  Now  in  many  places,  the  peopie  who  occupy  50/. 
a  year,  or  who  keep  a  draught  or  plough  are  very  few  in  compa- 
lifon  of  thofe  who  keep  a  fingle  horfe  and  cart,  and  have  not  per- 
haps two  able  men  in  the  family  :  In  which  ca(e,  it  would  be 
more  eligible  and  ufeful,  for  fi^ch  families  to  find  one  man  with 
the  horle  and  cart,  than  two  men  without  the  fajpe. 

A.     Warrant  for  the  returning  new  fjrveyorsj  on 
3  IF.  c.  12.  /  3,  9. 

\tT  a       y     A    S^^  Ed'-:^rd  Cooke,    gentleman,  hi?h  conftable 
Weltmorland.  |      ^^  Lo>^/dale  ward  within  the  faid"county. 

Y   njirtue  of  the  JIatute  in  that  hchcJf  made,  Tou  av£  hereby 

required  forth^with  to  ijfue  your  <v^arra7its  to  all  the  petty  ccn- 

ftitbles  K-jithin  your  /aid  ijoard^  in  the  form  or  to  the  e_ffc6l  fcUov:- 
i"g  ;  that  is  to  fay  : 


JnS:S.lTo.l,eco„<,ab.eof 


Y  virtue  of  a  precept  from  his  majejlys  jufices  of  the  peace^ 
aCling  in  and  for  the  /aid  Ifard,  ivithin  the  fiid  county,  at 
their  fpecial  fffions  for  the  highvjays  ivithin  the  faid  JVard  affem- 
hledy  you  are  hereby  required  to  gi^-ve  due  notice  to  the  churchivardrns, 
fi^r-veyors  of  the  highnxiaySy  and  other  inhabitants,  ivithin  ycur  pa- 
rijh,  that  they  do  ajfemble  togrthtr  n.vith  you  the  faid  confiable,  en 
the  z6th  day  of  December  next,  and  make  a  lijl  of  the  names  of  a 
competent  number  of  the  inhabitants  tvithin  your  faid  parijk,  ix'ha 
ha've  an  efate  in  lands,  tenements,  or  hereditaments,  in  their  oavn 
right  or  of  their  ivi'ves,  of  the  yearly  va/ue  of  10  I.  or  a  perfonal 
efate  of  the  value  of  lool.  or  are  occupiers  or  tenants  of  houfes, 
lands,  tenements,  or  hereditaments  of  the  yearly  'value  of '^o\.  if 
any  fuch  there  be,  or  if  there  be  no  fuch  perfons  in  your  faid  par  if ^^ 
thei^  the  faid  lijl  to   he  of  the  vtofi  fuff.cient  inhahitnnts   tvithin 


your  /at J  parijh:  With  'which  fa'id  lift  you  are  perfonally  to  ap- 
pear before  the  faid  jufices  at  their  fpecial  fefflons  to  be  holden  at 
..  ■  'vAthin  the  faid  Ward  in  the  county  oforcfaidy  on  the  ■ 

day  of—— •  noiKi  next  enfuing,  at  the  hour  of' —  in  the 

forenoon  of  the  fame  day ;  that  out  of  the  faid  lifi  the  faid  jufices 
then  and  there  may  nominate  and  appoint  fuch  perfons  to  be  furnfeyon 
of  the  highivays  ^within  your  faid  parljh  for  the  year  then  next  en- 
fuingf  as  they  the  faid  jufices  fhall  think  fit  and  approve  of.  [And 
\ou  are  likenxife  to  give  notice  to  the  prefent  furveyors,  that  they  da 
appear  at  the  fame  time  and  place ^  arid ginje  an  accc^nt  upon  oath  be- 
fore the  fiid  jufices,  of  all  jnoney  thai  hath  come  to  their  hands, 
^Lvhich  ought  to  be  employed  in  amending  of  the  highvaays,  and  honxt 
they  have  difpoftd  of  the  fame^     Given  under  my  hand  at  Hall  Beck 

in  the  faid  county,  the — —  day  of . 

Edward  Cooke, 
High  Confabte, 

And  this  you  the  faid  high  cofrfahle  are  in  no  ivife  to  omit,  on 
ihs  peril  that  /hall  enfue  thereof:  Given  under  our  hands  and  feals 

at  our  fpecial  fejjions  at in  the  faid  county,  the  — — —  day 

of  ■  in  the  — — —  year  of  the  n  ign  of'    •  «  , 

B.     Appointment  of  the  furveyor. 


Weftmorland 
Lonfdale  Ward. 


'At  a  fpecial  fefiions  of  the  peace  for  the  fani 
Ward,  held  at in  the  faid  Ward,  with- 
in the  county  aforefaid.  the day  of 

«^     in  the year  of  the  reign  of by  and 

before  -  -  ■  ■  efquires,  jullices  affigned  to  keep 
the  peace  of  our  faid  lord  the  king  in  the  faid 
county : 


w 


E  the  faid  jufices  do  hereby  nominate  and  appoint  A.S.  of 

'  itt  the  parifh  of'  in  the  county  aforefaid, 

yeoman,  to  be  furveyor  of  the  highivays  within  the  faid  parifh  [or, 

voithin   the  toivnjhip  of ivithin  the  faid  parijh'\  for   one 

vohole  year  next  enfuing  the  date  hereof,  and  until  he  fjall  have 
given  an  account  of  his  receipts  and  difurfnients  and  other  matters 
relating  to  his  faid  ofice,  according  to  lave.  Given  under  our  hands 
and  feals  the  day  and  year  frf  abovenuritten, 

C.      Indifbment    for    not    repairing     a    Gommon 
highway. 

TH  E  jurors  for  our  lord  the  king  upon  their  oath  prefent,  that 
from  the  time  vshereff  the  memory  of  man  is  not  to  the  con- 
trary, there  nvas,  and  yet  is  a  common  and  ancient  kings  highvoay, 

leading  from  the  tov:n  of———  in  the  county  of tovoards 

find  un(o  the  market  toivii  of   ••    ••  r'  ■-  in  the  county  of'-  ■    '  ■     ,  ujed 

for 


572  i^!'flI)tt)apS. 


for  all  the  Ucge  fuhjeHs  of  eur  fid  lord  the  king,  and  of  hii  tredc' 
cefars,  nxith   their  horfs,  coaches,  carts,  and  carriages,  to  go,  re- 
tun:,  p'ifs,  ride,  a)id  labour  at  their  nvill  and  pleafure ;  and  that  a 
certain  part  of  the  fume  kiti£s  common  higknvay,  called  - — -■. 
fititate,   lying,   ond  being  in  the  parijjy  of     ■  in  the  county  of 

— — — —  aferefaid,  containing  in  length  -  •    feet,  and  in  breadth 

'-2_ fett,  on  the day  of in  the  year 

of  the  reign  of  —  and  continually  afterivards,  until  the  day 

cf  the  taking  of  this  inquifition,  nuas  and  yet  is  in  great  decay,  for 
the  ivant  cf  due  reparation  and  amendment  cf  the  fame,  fo  that  the 
fuhjeSis  of  our  faid  lord  the  king,  paftng  and  traiielling  thro*  tht 
fame,  ivith  their  hoifcs,  coaches,  carts,  and  carriages,  could  not 
during  the  time  afore/aid,  nor  yet  can,  go,  return,  pafs,  ride,  and 
labour^  ^without  great  danger;  to  the  great  damage  and  common 
vufance  of  all  the  liege  fuhje3s  of  our  fc<id  lord  the  king,  pacing 
thro*  that  nvay,  and  againji  the  peace  of  cur  faid  lord  the  king, 
his  croiun,  and  dignity :  And  that  A.  O.  of  ••  afore/aid,  gen' 

thman,    ought  by  reafon  of  the  ttnure  of  his  lands  and  tenements, 

fituate,  lying,  and  being  at  < aforefaid,  in  the  county  afore- 

faid,  to  repair  and  amend  the  faid  highivay,  ixhen  and  fo  often  as 
it  Jhall  be  neceffary. 

Or,  that  tht  inhabitants  of  the  faid  parifi  of —  in  the  faid 

county  of the  common  highauay  aforefaid  (fo  as  aforefaid 

being  in  decay)  ought  to  repair  and  amend,  ix-htn  and  fo  often  as  it 
Jhall  be  neceffary, 

Indidment  for  not  repairing  an  ancient  horfe  and 
foot  way. 

TH  E  jurors  for  our  lord  the  king  upon  their  oath  prefent,  that 
from  the  time,  of  nx:hich  the  memory  of  man  is  not  to  the 
contrary,  there  nvas,  and  yet  is,  a  certain  common  and  ancient  high- 
•way,  leading  from        ■    ■  ■   in  the  county  of  to  —  in 

the  county  of for  all  the  liege  fubjeSls  of  our  no'vs  lord  the 

king,  and  his  ancejlors,  on  hotfback  anA  on  foot,  to  go,  return,  pafs^ 
ride,  labour,  and  drive  their  cattle  at  their  nuill,  and  that  a  cer- 
tain part  of  the  fame  common  high^uoay,  fituate,  lying,  and  being 
ivith  in  the  par  if?  of  •  •  •  in  the  county  of  aforefaid,  con- 
taining in  length fi-^t  ^^-d  in  breadth  feet,  on  the 

'  day  of in  the year  of  the  reign  of  ■ 

and  continually  after^yjards,  until  the  day  of  the  taking  of  this  in- 
quifition,  at  the  parifh  of aforefaid,   in  the  county  of  or  faid, 

was,  and  yet  is,  'very  ruinous,  miry,  deep,  broken,  and  in  fuch  de- 
cay, fur  ixjant  of  due  reparation  and  amendment  of  the  fame,  thai 
the  liege  fubjeds  of  our  faid  lord  the  king,  by  and  thro"  the  fame 
ivay,  iiuth  th&ir  horfes  a7id  cattle,  could  not  during  the  time  afore- 
faid, nor  yet  can  go,  return,  pafs,  ride,  and  labour,  as  they  ought 
and  njoere  nvon  t  to  do,  nvithout  great  danger  cf  themf elves  and  of 
their  goods,  to  the  great  damage  and  common  nufance  cf  all  the 
liege  fhjeSli  cf  our  faidkrd  the  king,  through  the  fame  highvjay 

goif}^. 


i 


i^rsi)tt)ars.  573 


^cing,  returmng,  p^JP^gy  riding,  and  labouring,  and  againji  the 
fttice  of  our  faid  lord  the  king.  And  that  the  inhabitants  of  the 
fame  farijh  of  in  the  county  afcrcfaid,  the  fame  common  high- 

ivay,  fo  as  aforefaid  being  in  dcccy^  ought  to  refuir  and  amend, 
n^-hen,  and  fo  often  as  it  Jhall  he  neceffary, 

Indidment   for  incroaching  upon  a  highway,    by 
building  thereupon. 

Wcftmorland. ''   ■  "^  H  E  jurors  for  our   lord  the  king  upon  their 

J       oath  prefnt,    that  one  A.  O.  luts  cf 

carpenter,   the  •  day  of  in  the  'year 


ifjith  force  and  arms,   at         •     ■-  in  and  upon  a  common  high^'say, 

in  a  certain  place  commonly  called there  leading  from  ' 

to  ^— — —  by  a  certain  building  there,  containing  in  length 

feet,   and  in   breadth • — f'-tt   hy   him  the  faid  A.  O.    ercSled 

and  built,  hath  unla'vcfuUy  and  unjujfly  incroachcd,  and  doth  yet 
incroach,  and  the  building  afore/aid  fo  as  is  aforefaid  ereSed  and 

built  by  him  the  faid  A.  O.  from   the  aforefaid  day    of 

•  ■ '—  in  the  year  aforefaid,  unto  the  day  of  exhibiting  this  in- 
formation,   at  — — aforefaid  in  the  county  aforefaid,  njoith  force 

and  arms,  imlaivfully  and  uvjuftly  hath  contiTiued  and  doth  yet 
continue,  by  reafon  njuhereof  the  common  highiuay  aforefid  hath 
become  and  is  greatly  Jlraitned,  fo  that  the  lieges  and  fubjecis  of  tha 
faid  lord  the  king  upon  and  thro'  the  fame  common  highi.vny  afore- 
faid, lAjith  their  horfes,  carts,  and  carriages  cannot  go,  pafs,  ride, 
and  labour  as  they  ought  avd  ixicre  nx-ont  to  do,  to  the  great  and 
common  nufance  of  all  the  lieges  and  fubjeds  cf  the  faid  lord  the 
king  in  and  through  the  fiid  common  highixay  going,  pe>Jflng,  riding, 
and  labouring,  and  againji  the  peace  of  the  faid  lord  the  king, 
Trem.  196. 

Indictment  for  inclofing  the  highway. 

Weftmorland.  '"■  ^  H  E  jurors  of  our  lord  the  king  upon  their  oath 

jj      prefent.  That  •whereas  from  the  time  ijchsreof 

the  memory  of  man  is   not  to  the  contrary,    it  nvas  ufd,   that  the 

liege  fubjeds  of  our  faid  lord  the  king   had  and  lanufutly  ufd  a 

certain  common  high-ivay  at  in  the  faid  county,   in  a  certain 

place  there  called leading  from  the  to-ixn  of ^  afore- 

faid,  to  the  tonxn  of  ———  for  tbemfel'ves  and  their  goods,  i.i.ith-' 
cut  any  foppage  or  hindrance  by  atiy  ditches,  hedges,  or  other  chjla- 

cles  'whatfoe'vtr ',    nc-xerthelefs  one  A.  O.  of -—-^ aforefaid,    in 

the  county  of  — aforefaid,  yeoman,   ort  the  —————  day  of 

■'  '  in  the  ' year  of  the  reign  of —  nxiith  force 

and  arms,  at aforefaid,  in  the  county  cf aforefaid, 

in  the  place  aforefaid  called  -  ^  ■  upon  the  common  high=way  afore- 

faid, a  certain  ditch  and  ^uickfet  hedge  did  caf  up,  fet,  and  ire  Sly 
and  the  faid  diteh  and  quickfet  hedge  ^ji  at  i^  aforef.iid  caf  up,  fet, 

snd 


57+  3^!Ql)Vbapg. 

dvJ  ere^iJt  doth  yet  continue  and  keep ;  to  the  great  Jloppage  and 
hindrance  of  the  liege  fuhjcEls  of  cur  /aid  lord  the  ling,  pajjing  in 
and  thro"  the  J  aid  common  highiuay,  and  ogaivjl  the  peace  of  cur 
fuid  lord  the  king. 

Indidtment  for  laying  timber  or  other  obftruftions 
in  the  highway. 

TH  E  jurors  for  our  lord  the  king  upon  their  oath  prefent,  that 
A.  O.    late  of —  in    the  county  aforefuid,  yeomattf 

on   the  — day  of '-  in  the  -year  of  the 

reign  of and  on  dinjers  other  days  and  times,    as   'well 

before  as  afterguards,  ivith  force  and  arms,  at  >  in  the 

faid  county,  in  and  upon  the  king's  common  highiuay  there,  leading 
frotn  ••  unto  the  ioivn  of'  '   •  divers  great  pieces  of 

timber  put  and  placed  and  caujed  to  be  jut  and  placed,  and  the 
fame  great  pieces   of  timber  fo   as  aforefaid  put  and  placed,  from 

the  aforefaid  • day   of in   the  — '■ year 

aforejaid,  until  the  dny  of  exhibiting  this  iiformation,  in  and  upon 
the  kings  common  highnvay  aforefaid,  to  be,  lie,  and  remain,  hath 
permitted,  and  doth  fill  pcr?>iit,  to  the  grievous  and  common  nufance 
of  all  the  lieges  and  fubjeHs  of  the  faid  lord  the  king,  upon  and 
thro'  the  king''s  common  high<way  aforefaid  going,  pafftng,  riding, 
and  tra'velling,  and  agaiiifl  the  peace  of  our  faid  lord  the  king^ 
his  cronjun  and  dignity.     Trem.  197. 

Or, great  quantity  of  dimg,  and  other  flth,  by  rcafcn  ivhcre- 

of,  di-jers  hurtful  and  mn^holjcme  fmells  from  the  faid  dutig  and 
other  flth  did  then  and  there  arife,  and  thereby  the  air  there  he- 
came ,  ivas,  and  is  corrupted  and  infeeled- 

Or,  ■  ■  -  ■  cart  loads  ofrubbijh  — — —  by  reafn  ivhtreof  the  faid 
highivay  for  the  ntshole  time  tforefaid  ivas  flraitned  and  ohJiruHcd^ 
fo  that  the  liege  fubjtSis  of  our  faid  lord  the  king  could  not  fo  f  lely 
pafs  and  repafs  about  their  la-r<ful  bujinefs,  thru'  the  fuid  common 
highivay  there,  as  they  ought  and  hwve  been  accufomed 

Indi(5tment  for  (lopping  up  a  watercourfe,  whereby 
the  highway  is  overflowed. 

Weftmorland. ""  ■  ''HE  jurors  far  our  lord  the   kitig  upon  their 

\^      oath  prefent,   that   A.  O.    late  of  the  parifh 

of  —^——  in  the  county  aforefaid,  yeoman,  on  the  •  •• 

day  of in  the year  cf  the  reign  of ^ 

muith  force  and  arms,  at  the  pariflj  aforefaid,  in  the  county  afore- 
faid, a   certain  ancient   ivatenourft,    adjoining  to  the  king^s  com- 
mon highivay,  ivithin   the  fame  parifh,  leading  from  the  toixn  of 
■  '        in  the  county  afofefaid,  toivards  and  unto  • 


3|igl)tbavs.  575 


n.\ilb  grave!  and  other  materials,  unlaixfuUy  avA  injtu-ioujly  diet 
thJlYvH  and  f.op  tip  ;  and  the  [aid  ivaiircburfe,  fo  as  nfurefald  oh- 

Jh-ui''.d  and  Jhfptd  up,  fro?n  the  /aid  ■  day  of ^ 

in  the  year  afore faid,  until  the  da^  of  the  taking  cf  this  inquifi- 
tion,  at  the  parijh  oforefaid,  in  the  county  aforcfuid,  iir.lan.\.JuUy 
and  injuricufly   hath   continued,    and  fill  doth   continue,    by   r:afon 

,  ix'hcreof  the  re  in  and  ivaters  that  n.vcre  ivont,  and  ought  to  fioiu 
iiild  pcjs  through  the  faid  ^vatercoutfe,  on  the  futne  day  and  year, 
afld  di'vers  other  days  and  times  afternvards,  hetnueen  that  day  and 
the  day  of  the  taking  of  this  inquifition,  did  overfc'-w  and  remain^ 
in  the  king's  common  highivay  aforcfdd,  and  thereby  the  fame  nvas, 
and  yet  is  greatly  hurt  arid  foiled,  fo  that  the  Urge  fuhfas  of  our 

faid  lord  the  king,  through  the  fame  -way,  m;ith  their  horfs,  coaches, 
carts,  and  carriages,  then,  and  on  the  faid  other  dys  and  times, 
could  not,  nor  yet  can  go,  return,  pafs,  ride,  and  labour,  as  they 
ought  a7:d  lucre  ivont  te  do  ;  to  the  great  damage  and  common  nufance 
cf  all  the  liege  fuhjeffs  cf  our  faid  lord  the  king,  through  the  fame 
highv:oy  going,  i  eturning,  pafjir.g,  ridmg,  and  labouring,  and  againfl 
the  peace  of  our  faid  lord  the  king. 

D.     Prefentment  by  a  jurtice  oft  his  view. 

Weflmorland.     A    T  the  general  quarter  fe/Jions  of  the  peace  of  our 

J\    lord  the  king,  held  for  the   county  of • 

(forefaid,  at in  the  faid  county,   on  Monday   the  • 

day  of  —^ — = .  in  the year  of  the  reign  cf before 

efquires,  and  others   their  companions,  jujifes  cf  our  faid 

lord  the  king  affgned  to  keep  the  peace  in  the  faid  county,  and  alfo  to 
bear  and  determine  di'vers  felonies,  trefpoffes,  and  other  mifdi  fneanors 
ill  the  faid  county  committed,  Thomas  Carleton,  efquire,  one  of  the 
jujiices  of  our  faid  lord  the  king,  afjigned  to  keep  the  peace  in  the  faid 
county,  and  alfo  to  hear  and  determine  di-vers  felonies^  trefpaffes^ 
end  other  7nif demeanors  in  the  faid  county  committed,  by  virtue  of  the 
fatute  in  fuch  cafe  made  and  provided,  upon  his  oivn  proper  knonv- 
ledge  doth  prefent.  That  from  the  titne  vohereof  the  memory  cf  man 
is  not  to  the  contrary,  there  ^vas,  and  yet  is,  a  certain  common  and 

ancient  king's  highxvay,  leading  from  the  toivn  of in   the 

county  of tovoards   and  unto  ufed  for  all  the   liege 

fubjecls  of  our  faid  lord  the  king  and  his  predeeeffors,  nvith  their 
horfes,  coaches^  caris,  and  carriages,  to  go,  return,  pafs,  ride,  and 
labour  at  tlnir  luill ;  and  that  a  certain  part  of  the  f  me  king's 
common  high-zvay,  commonly  called  ■  fituate,  lying,  and  being 

in  the  parij7j  of in   the  fame  county,   containing  in  length 

'  yards y  and  in  breadth  •    ■  ff^t,  on  the  ■      day  of 

• in  the year  of  the  reign  cf and  continually 

aftern.vard,  until  this  prefent  day,  at  the  faid  parijh  of in 

the  county  afcrefaid,  njuas  and  yet  is  very  ruinous,  miry,  deep,  bro- 
ken, and  in  great  decay  for  ivant  of  due  reparation  and  amendment 
of  the  fame,  fo  that  the  liege  fubjeSis  cf  our  faid  lord  the  king, 
through  the  fame  ivay,  tvith  their  horfs,  coaches,  carts,  and  car- 
riages, could  not  daring  the  time  oforefaid f  nor  yet  can  go,  return, 
3  •  Ms, 


576  i^rg!)tbap5. 


fafs,  ride,  and  labour  as  they  ought  and  ijuere  'want  to  do,  to  the 
great  damage  and  common  nufance  of  all  the  liege  fuhje£ts  of  our  /aid 
lord  the  king,  through  the  fame  highivay  going,  returning,  pajjingf 
riding,  and  labouring,  and  againjl  the  peace  of  cur  faid  lord  king  ; 
and  that  the  inhabitants  of  the  parifh  of  •  a  for  faid,  in  the 

county  aforefaid,  the  common  higl^nvay  aforefaid  (fo  as  af ore/aid  beings 
in  decay)  ought  to  repair  and  amend,  'when  and  fo  often  as  it  Jhan 
be  neceffary.  In  tefiimony  ivbereof,  the  faid  Thomas  Carleton,  to 
thefe  prefents  hath  fet  bis  hand  andfealy  this     •  day  of  ■■ 

in  the  year  aforefaid. 

3|)fff()lnapmeit»    See  Eobberp* 


Here  cndeth  the  First  V  o  l  u  m  £• 


^vv^.i'^^yii^ 


54-7,96  B965  Tf,?  1G484-0