557

Transportation.

[5 Burn, 461-476.]

BY stat. 1 & 2 G. 4. c. 6. it is enacted, that stats. 56 G. 3. c. 27. 1&2G.4. c.6. (5 Burn, 464.), 25 G. 3. c. 46. (5 Burn, 472.), 59 G. 3. c. 101. (5 Burn, 472.), 28 G. 3. c. 24. and 43 G. 3. c. 15. for the transportation of offenders, and directing security to be given in that behalf, shall be continued in force for two years from the passing of this act, (24th March, 1821,) to the end of the then next session of parliament.

Trespasses (Wilful or Malicious.)

[See stat. 1 G.4. c. 56. § 1.

5 Burn, 643.]

Forms of Proceeding.

(A.) Information for a Wilful or Malicious Trespass.

[From Y. C.P. 115.]

County of THE information and complaint of A. I. of

S in the county of

labourer, made on oath

before me, J. P. esquire, one of his majesty's justices of the peace in

and for the said county, the

day of day of

year of our Lord one thousand eight hundred and Who says that on the

in the parish of - -, in the said county, A. O. of in the county aforesaid, shoemaker, did wilfully and maliciously [here state the particulars of the trespass, the damages for which are not to exceed five pounds in any case; and, if not done both wilfully and maliciously, either of those words can be omitted accordingly,] the property of , contrary to the statute made in the first year of the reign of king George the fourth, intituled "An Act for the summary punishment, in certain cases, of persons wilfully or maliciously damaging or committing trespasses on public or private property."

And thereupon he, the said informer, prays the judgment of me the justice in the premises.

Before me,

J. P.

A. I.

County of}

(B.) Warrant to Apprehend thereon.

[1 Geo. 4. c. 56. §1.5 Burn, 613.]

To the Constable of

WHEREAS information and complaint upon oath have been made before me J. P. esquire, one of his majesty's justices of the peace in and for the said county, by A. I. of· the county aforesaid, labourer, that on the

instant, at

in the parish of

in

day of in the said county,

A. O. of in the county aforesaid, shoemaker, did wilfully and maliciously [here follow the words of the Information,] the property of , contrary to the statute made in the first year of the reign of king George the fourth, intituled "An Act for the summary punishment, in certain cases, of persons wilfully or maliciously damaging or committing trespasses on public or private property."

These are therefore to require you to apprehend the said A.O., and bring him before me at in the said county, on instant, at the hour of

the

day of

in

the forenoon, to answer unto the said information and complaint, and to be further dealt with according to law. Herein fail not. Given under my hand and seal the·

day of

the year of our Lord one thousand eight hundred and

in

[For the Conviction, see the form in 5 Burn, 645., taken from the statute 1 G. 4. c. 56. § 4.]

(C.) Commitment thereon for not paying the Sum in which convicted.

[1 G. 4. c. 56. § 1.5 Burn, 644]

County of To the Constable of

in the said County,

and to the Keeper of the House of Correction at in the said County.

in

WHEREAS A. O. of· is convicted by and before me, jesty's justices of the peace in and for of- for that the said A. Õ. in the parish of

at

the said county, shoemaker, J. P. esquire, one of his mathe said county, upon the oath day of

on the

in the said county, did wilfully and maliciously [here follow the words of the Information,] the property of , contrary to the statute made in the first year of the reign of king George the fourth, intituled "An Act for the summary punishment, in certain cases, of persons wilfully or maliciously damaging or committing trespasses on public or private property." And thereupon it has been by me the said justice adjudged, and is by me determined, that the said A. O. shall forfeit and pay the sum of of lawful money of Great Britain, as a reasonable satisfaction and compensation for the damage (or injury or spoil) so done, (or committed) together with the further sum of for the costs, charges, and expenses attending the said conviction, unto

And whereas the said A. O. has made default of payment of the said sum in which he has been so convicted as aforesaid, together with the said costs, charges, and expenses:

These are therefore to require you the said constable to convey the said A. O. to the said house of correction at aforesaid, and deliver him to the said keeper thereof, together with this precept; and you the said keeper are hereby commanded to receive the said A. O. into your custody in the said house of correction, there to be kept to hard labour for calendar months, [if the offender be a male person under the age of sixteen years, the second section of the act directs that the justice, in default of payment, is to commit such offender, there to be corrected and imprisoned and kept to hard labour for any term not exceeding six weeks] unless such penalty, costs, and charges as aforesaid, shall be sooner paid and satisfied, and for your so doing this shall be your sufficient Given under my hand and seal the

warrant.

and

day of in the year of our Lord one thousand eight hundred

(D.) Recognizance on giving Notice of Appeal against a Conviction on stat. 1 G. 4. c. 56.

County of BE it remembered that on the

"

in the

"

day of

in the

-year of the reign of our sovereign lord George the fourth, of the United Kingdom of Great Britain and Ireland king, defender of the faith: A. O. of in the said county, carpenter, and B. O. of said county, labourer, personally came before me, J. P. esquire, one of his majesty's justices of the peace for the said county, and acknowledged themselves to owe to our said lord the king the sum of· pounds each, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said lord the king, his heirs and successors, if default shall be made in the condition following:

Whereas the above bound A. O. is convicted by and before me the said justice, for that the said A. O. on the day of instant, at in the parish of in the said county, did wilfully and maliciously [here state the offence] contrary to an act passed in the first year of the reign of king George the fourth, intituled "An Act for the summary punishment, in certain cases, of persons wilfully or maliciously damaging or committing trespasses on public or private property:" And whereas the said A. O. has given immediate notice of appeal against the said conviction: Now the condition of this recognizance is such, that if the above bound A. O. shall personally appear at the next general quarter sessions of the peace to be held at -, in and for the said county of, and then and there prosecute the said appeal with effect, and abide the determination of the said court therein, and pay such costs as shall be awarded, then this recognizance shall be void. Taken and acknowledged before me,

J. P.

(E.) Recognizance Notice, to be given to Sureties on entering into a Recognizance before a Justice, &c.

[Taken from the Schedule to stat. 3 G. 4. c. 46. ante, 486.]

TAKE notice, that you

bound in the sum of

to wit. sureties

in the sums of

pounds, and your
pounds

each, to appear at the quarter or general sessions of the peace for
the county of
to be holden at
on the
day of
next; and unless you personally make your ap-
pearance accordingly, the recognizances entered into by yourself and
securities will be forthwith levied on you and your bail. Dated

this

twenty

day of

one thousand eight hundred and

J. P.

Justice of the Peace.

Tobacco.

[See stat. 1 & 2 G. 4. c. 119, title "Excise" (Tobacco.) ante, 192.]

Turnips, etc.

[See stat. 42 G. 3. c. 67.-5 Burn, 490.]

(A.) Information against an Offender for Stealing Cabbages. County of THE information and complaint of A. I. of

in the said county, yeoman, made on oath before me, J. P. esquire, one of his majesty's justices of the peace, in and for the said county, the- day of in the year of our Lord one thousand eight hundred and

Who

says

that on

the

:

stant, a certain quantity of cabbages and heads of cabbage plants
were wilfully torn from the stalks where they were growing in the
grounds of the said A. I. at
in the parish of·
the said county, and from thence stolen and taken away by A. O. of
in the said county, labourer, and B. O. of·
county aforesaid, cordwainer: And whereas A. W.
the said county, labourer, a credible witness, makes oath before me,
the said justice of the
that on
the
peace,
day of
instant, he the said A. W. saw the said A. O. and B. O,
in the grounds of the said A. I. at

of

aforesaid, in the parish

1

of in the said county, and then and there wilfully tear from the stalks where they were growing in the grounds of the said A. I. a certain quantity of cabbages and heads of cabbages, and the same take and carry away: he the said A. I. therefore prays that justice may be done in the premises.

Before me,
J. P.

A. I.

A. W.

[The Warrant or Summons may, without difficulty, be drawn from the above Information.]

(B.) Commitment thereupon.

County of To the Constable of

in the said county,

and to the Keeper of the House of Correction at in the said county.

WHEREAS A. I. of

the

that on

day of

in the said county, yeoman, on instant, did exhibit on oath be

fore me J. P. esquire, one of his majesty's justices of the peace for the said county, a complaint in writing signed by him the said A. I. the -day of instant, a certain quantity of cabbages and heads of cabbage plants were wilfully torn from the stalks where they were growing on the grounds of the said A. I. at in the parish of· in the said county, and from thence stolen and taken away by A. O. of the said county, labourer, and B. O. aforesaid, cordwainer: And whereas on the said

instant, A.W. of·

of

2n

in the county day of

in the said county, labourer, a credible witness, did make oath before me the said justice, that on

the

day of

instant, he the said A. W. saw the said A. O. and B. O. in the grounds of the said A. I. at aforesaid, in the parish of in the said county,

then and there wilfully tear from the stalks where they were growing in the grounds of the said A.I. a certain quantity of cabbages and heads of cabbages, and the same take and carry away: And whereas the said A. O. and B. O. being now brought before me, have not been able to clear themselves from the said charge, but on the contrary the said A. I. and A. W. [or as the case may be,] have made due proof thereof upon oath, and thereupon the said A. Ő. and B. O. have been by me convicted of so stealing and taking away the said cabbages as aforesaid, and ordered to pay the sum of each, to be distributed between the said A. I. the owner of the cabbages, and the overseer of the poor of the said parish_of where the said offence was committed: And whereas the said A. O. and B. O. have made default of payment of the said sum so ordered to be paid as aforesaid, I do therefore hereby require you the said constable of aforesaid, to convey the said A. Ő. and B. O. to the house of correction aforesaid, and to deliver them to the keeper thereof, together with this warrant; And I do hereby command you the said keeper to receive them into your custody in the said hou se of correction, there to be kept to hard labour [if the conviction be on the 13 G. 3. c. 32. say] each for one calendar month [but if the

SUPP.