officer, transmit a like schedule to the said commissioners, or to such person or persons as they or the greater part of them shall appoint." CONVICTION. 50 Geo. 3, c. 41. Sect. 34 enacts, "That if any person or persons shall at any time or General issue. times be sued, molested, or prosecuted for any thing by him or them done or executed in pursuance of this act, or of any clause, matter, or thing herein contained, such person or persons shall and may plead the general issue, and give the special matter in evidence, for his or their defence; and if, upon the trial, a verdict shall pass for the defendant or defendants; or the plaintiff or plaintiffs shall become nonsuited, or judgment shall be recovered against him or them upon demurrer; or if the plaintiff or plaintiffs shall discontinue his, her, or their action; or be nonprossed therein; then such defendant or defendants shall have treble costs awarded to him or them Treble costs. against such plaintiff or plaintiffs." XIV. Appeal. STAT. 50 Geo. III. c. 41, s. 27 enacts, "That if any person or persons shall Appeal. find himself, herself, or themselves aggrieved by the judgment of any such justice, then he, she, or they shall or may, upon entering into a recognizance with two sufficient sureties, to be approved by such justice, to the amount of the value of such penalty and forfeiture, together with a sum which, in the judgment of such justice, shall be adequate to the amount of the costs which may be awarded, conditioned to pay the amount of such penalties, forfeitures, and costs as shall be adjudged in case such judgment shall be affirmed, appeal to the justices of the peace at the next general sessions for the county, riding, or place, are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same, or, at their discretion, to state the facts especially for the determination of his Majesty's Court of King's Bench thereon; and in case the judgment of such justice shall be affirmed, it shall be lawful for such justices, or the Court of King's Bench, to award the person or persons to pay such costs, occasioned by such appeal, as to them shall seem meet." XV. forms, List of. INFORMATION against a Licensed Hawker, for not having the words "Licensed THE like against a person not licensed, for having the words "Licensed Hawker" THE like against a person for trading as a Hawker, without a Licence, (No. 3). THE like against a Hawker for trading contrary to his Licence, (No. 4). THE like against a Hawker for not producing his Licence, (No. 5). SUMMONS on either of preceding Informations, (No. 6). GENERAL Form of Conviction, (No. 7). WARRANT of Distress, (No. 8). COMMITMENT for Non-payment, (No. 9). } (No. 1). BE it remembered, that, on &c., at &c., A. I., of Sic. The word who seems omit ted. in the said county Information of who, as well for our lord the now King, as for himself in this behalf, doth prosecute, cometh before me, J. P., one of his Majesty's justices of the peace for in the year of the reign of our lord the now King, and, as well for our said lord the King as for himself, informeth (a) See the statute, ante, 1106. against a licensed having the words hawker for not "licensed hawk er," &c., on his package, &c. (a). me that a certain! icence now in force, subscribed by one or more of the commissioners for licensing and regulating hackney coaches, hawkers, and pedlars, was at a certain day now past granted to C. D., late of &c., [labourer], to travel and trade as a hawker, pedlar, and petty chapman, under or by virtue of a certain act of Parliament made and passed in the fiftieth year of the reign of his late Majesty king George the Third, intituled "An Act for placing the duties of hawkers and pedlars under the management of the commissioners of hackney coaches;" and that the said C D. being the person to whom such licence aforesaid was granted as aforesaid, and also being a trading person going from town to town, [or, to other men's houses], and travelling on foot, [or, with a horse, or as the case is], in England, [or, Wales, or as the case is], carrying to sell, and exposing to sale, goods, wares, and merchandize, did, on &c., at &c., trade with and under colour of such licence, by hawking for sale goods, wares, and merchandize, to wit, [here describe the goods], and did then and there, to wit, at aforesaid, carry the said goods, wares, and merchandize in a pack, [or as the case is, see the words of the act, ante, 1106]; and that the said C. D. had not then and there caused to be written, painted, or printed in large legible Roman capitals, upon the most conspicuous part of the said pack, [or as the case may be, see the words of the act, ante, 1106], in which he carried his said goods, wares, and merchandize, the words “Licensed Hawker," together with the number, name, or other mark or marks of distinction written or printed upon his said licence as aforesaid; contrary to the form of the statute in that case made and provided. Whereby, and by force of the same statute, the said C. D. hath forfeited, for his said offence, the sum of ten pounds; and thereupon the said A. I., who informs as well for our said lord the now King as for himself in this behalf, prayeth judgment of me the said justice in the premises. Exhibited before me, the day and year first above named. J. P. (No. 2). A. 1. Commencement as in the preceding form. State the offence thus]:-That C. D., late of &c., [labourer], being other than any person to whom any licence, subscribed by one or more of the commissioners for licensing and regulating hackney coaches, hawkers, and pedlars, to travel and trade as a hawker, pedlar, and petty chapman, under or by virtue of a certain act of Parliament made and passed in the fiftieth year of the reign of his late Majesty king George the Third, intituled "An Act for plac ing the duties of hawkers and pedlars under the management of the commissioners of hackney coaches," had been granted under or by virtue of the said act, and being also a trading person going and travelling on foot, [or, with a horse, or as the case is], in England, [or, Wales, or as the case is], carrying to sell, and exposing to sale, goods, wares, and merchandize, to wit, [here describe the goods generally], did on &c., at &c., write, paint, and print, and cause to be written, painted, and printed, and kept and continued written, painted, and printed upon his pack, [or, as the case is, see the words of the act, ante, 1106], and in which said pack, [or, as the case is], the said C. D. then and there carried his said goods, wares, and merchandize as aforesaid, the words "Licensed Hawker," &c., [as the fact is]; contrary to the form of the statute in that case made and provided; whereby, &c. [Conclude as in form supra, (No. 1)]. (No. 3). Commencement as in form, ante, (No. 1). State the offence thus:]-That C. D., late of &c., [labourer], to wit, on &c., at &c., then and there being a hawker and trading person going from town to town, [or, to other men's houses], and travelling on foot, [or, with a horse, or as the case is], in England, carrying to sell, and exposing to sale, goods as a hawker and trading person, did then and there, as a hawker and trading person going from town to town, [or, to other men's houses], sell, carry to sell, and expose to sale, certain goods, wares, and merchandizes, to wit, [here state the goods generally: there is no occasion to state the precise number or quality], without having obtained the licence, [or as the case is], in that behalf directed and required by the statute in that case made and provided, in such manner as therein is directed, contrary to the form of the said statute; whereby, &c. [Conclude as in form (No. 1), supra]. (a) See ante, 1106. (b) See the provisions, ante, 1112. (No. 4). Commencement as in form (No. 1), ante, 1121. State the offence thus:]-That C. D., late of &c., [labourer], on &c., being then a hawker, [" hawker, pedlar, petty chapman, or other trading person"], going from town to town, [or, to other men's houses], and travelling on foot, [" either on foot or with horse, horses, or otherwise"], in England, carrying to sale, and exposing to sale, divers goods, wares, and merchandizes, and a licence so to do being duly granted to him, according to the provisions of an act of Parliament made and passed in the fiftieth year of the reign of his late Majesty king George the Third, intituled "An Act for placing the duties of hawkers and pedlars under the management of the commissioners of hackney coaches," did, at &c., [here state the improper act of trading done by defendant]; contrary to the licence so granted to him as aforesaid, and otherwise than was allowed by the same; and contrary to the form of the statute in such case made and provided. Whereby, &c. [Conclude as in form (No. 1), ante, 1121]. (No. 5). Commencement as in form (No. 1), ante, 1121. State the offence thus:]-That C. D., late of &c., [labourer], on &c., at &c., in the county aforesaid, being then and there a hawker, and duly licensed as such, according to the provisions of an act of Parliament made and passed in the fiftieth year of the reign of his late Majesty king George the Third, intituled "An Act for placing the duties of hawkers and pedlars under the management of the commissioners of hackney coaches," and then and there trading under and by virtue of the licence in that behalf granted to him, did then and there refuse to produce and shew his said licence for so trading as aforesaid, unto one A. C., [constable of the parish aforesaid], although the same was then and there demanded by the said A. C., as such [constable] as aforesaid; contrary to the form of the statute in such case made and provided. Whereby, &c. [Conclude as in form (No. 1), ante, 1121]. FORMS. Information on like act against a hawker acting contrary to his licence (a) (b). Information on like act for not producing the licence (b). (No. 6). To A. C., the constable of the parish of -} do the tos may concern? WHEREAS A. I., of &c., did, on &c., come before me, J. P., one of his Majesty's justices of the peace in and for the said county, and make information that C. D., late of &c., [state the offence, as in the information]; these are, therefore, to command you, in his said Majesty's name, forthwith to summon the said C. D. to appear before me, at in the said county, on the day of , at the hour of in the forenoon of the same day, to answer unto the said complaint, and further to do and receive what to law doth appertain; and be you then there, to certify what you shall have done in the execution hereof. Herein fail you not. Given under my hand and seal, the day of in the said county of , and Summons on either of preceding informations. in the year of our Lord (No. 7). J. P. A general form of conviction on stat. 50 Geo. III. c. 41, is given thereby. ante, p. 1120. See Conviction. in the said WHEREAS C. D, late of &c., was, on &c., at &c., in the said county, before [me], J. P., esq., one of his Majesty's justices residing near to duly convicted by me, of [state the offence, as in the information]. And whereupon it was then and there adjudged by me, the said justice, that the said C. D. had forfeited, for his said offence, the sum of ten pounds of lawful money of Great Britain, to be distributed according as the law directs. And whereas the said C. D. has had Warrant of distress. (a) See Form, Arch. Conv. 204. (b) See the statute, ante, 1112. FORMS. Commitment for non-payment. notice of the said conviction, but hath refused or neglected to pay, and hath not yet paid, at (No. 9). Commence this form as in the form ante, p. 11, (No. 2). State the offence as in the information. Conclude thus:]—and, upon full consideration had thereon, I, the said justice, have duly convicted him of the said offence, and have adjudged him to forfeit and pay, for his said offence, the sum of ten pounds of lawful money of Great Britain, which said sum of ten pounds has been demanded of the said C. D. by me the said justice, and he has not paid the said penalty. Him therefore safely keep in your custody until the said sum of ten pounds shall be levied by distress and sale of the goods and chattels of the said C. D., or of the goods and chattels with which he was so as aforesaid found trading, together with the reasonable costs and charges of taking such distress, or until the same forfeiture shall be otherwise paid or satisfied; provided that the time of such imprisonment shall not exceed the space Giren unof three months; and for so doing this shall be your sufficient warrant. der my hand and seal, this day of in the year of our Lord Hawks and Hawking. See ante, Game, p. 936. Hay. As to the malicious burning of, see ante, Burning, Vol. I. P. 540. Stats. 2 Wm. III. sess. 2, c. 8, and 8 & 9 Wm. III. c. 17, and 31 Geo. II. c. 40, containing regulations concerning the selling of hay, straw, and cattle, within the bills of mortality, are, by stat. 36 Geo. III. c. 88, repealed, so far as relates to hay and straw, but are not general enough to be here inserted at large. Hearsay Ebidence, see ante, p. 29 to 33. Hedge-breaking. See Wood, Vol. V.;—and as to Breaking Heir, Qualification of, to kill Game, see ante, p. 884;-Forfeiture of Lands, &c. on Conviction, see ante, p. 814, 815. Hemp and Flax. [33 Hen. VIII. c. 17; 26 Geo. III. c. 43; 27 Geo. III. c. 13.] BY stat. 33 Hen. VIII. c. 17, it shall not be lawful to any person to wa- Herring Fishery. See Fisheries, ante, p. 776. Hides and Skins. See Leather, Excise, ante, p. 459, &c. High Constable. See Constable, Vol. I. High Treason. See Treason, Vol. V. END OF VOL. II. |