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certificate granted fhall be void; and the perfon acting under the fame, after notice to him given of fuch new certifi cate, fhall be liable to the penalties prefcribed by this act, as if no certificate had been granted. J. 14.

The clerks of the peace, fhall in every year, on or before Clerks to tranf ift Auguft, in each year, when required by the commif- mit lifts to the fioners of itamps, make out and tranfmit to the head office ftamp office, in London, correct lifts, in alphabetical order, of the certificates iffued by them, diftinguishing the duties paid on each certificate; and on the delivery thereof, the receiver general of the ftamp duties fhall pay to every clerk of the peace for making out fuch lift, one halfpenny for the name of every perfon to whom fuch certificate fhall have been iffued, and which shall be inserted in fuch lift; and in cafe any clerk of the peace fhall neglect or refuse to make out fuch lifts, or fhall not infert therein a full account as before directed, of all perfons the fame ought to contain, such clerk of the peace, &c. fhall forfeit 201. S. 11.

Andall the faid lifts fhall be depofited and kept at the Lifts may be head office in London, and may within office hours be inspected. infpected by any perfon, on payment of one fhilling.

f. 12.

The commiffioners of ftamp duties fhall, once or oftener And published in every year, as foon as may be after the lifts fhall have been in the newftranfmitted to them, cause the fame to be inferted in the papers. newspapers circulating in each county, or in fuch public newspaper as to them fhall feem moft proper. /. 13.

And as there are feveral cities and towns that are counties Cities and towns of themselves, and have no clerks of the peace; every perfon being counties refiding there, may deliver in the paper before directed, to themfelvelves. the office of the clerk of the peace, of any county adjoin

ing, who is to iffue a certificate as if the perfon refided in

the county, under the fame penalties as above. f. 18.

All pecuniary penalties for offences against this act, may Recovery of be recovered in any court at Westminster by action of debt, penalties &c. wherein the plaintiff, if he recover, fhall recover the fame for his own ufe, with cofts. S. 21.

But it fhall be lawful for one juftice, and fuch juftice is required, upon information or complaint (XIV) to him made,

(XIV) The form of the information for killing game with out having taken out a certificate.

Monmouthshire, Į BE it remembered, that on the

to wit.

}

of

day

in the -year of the reign of his prefent majefty George the Third, by the grace of God,

Y y z

of

made, to fummon (XV) the party accufed, and alfo the witneffes on either fide, to appear before him; and upon

at

in the county of

day of

the

of Great Britain, France, and Ireland, king, defender of the faith, &c. at in the county of JJ of -in the Jame county, yeoman, in his proper perfon cometh before me JP, efq. one the juftices of our faid fovereign lord the king, af figned to keep the peace in the faid county, and also to hear and determine divers felonies, trefpaffes, and other misdemeanors done and committed in the faid county of, and now here before me the faid juftice, maketh INFORMATION and COMPLAINT, that one OO of labourer, within fix months now last past, to wit, on the in the year aforefaid, did then and there ufe a certain dog called a greyhound, [or as the cafe is] for the deftruction of game, and did thereby and therewith on the fame day and year, at aforelaid in the county aforesaid, take, kill and destroy one hare without hav ing obtained fuch certificate, as in and by the ftatute in that behalf lately made and provided, is directed, contrary to the form of the faid flatute, whereby the faid Ọ Ọ hath forfeited the fum of 201: and the faid JJ prays the judgment of me the faid juftice in the premises aforefaid, and that the faid 00 may be fummoned to make answer and defence thereto,

Taken before me the
day and year firft
above mentioned.

J. P.

(XV) The form of the fummons thereon.

Monmouthshire, To the constable of

J. J.

la

in the county of

WHEREAS information and complaint hath been made unto me JP, efq. one of his majefly's juftices of the peace in and for the faid county of that OO of bourer, within fix months now last past, to wit on the day of in the year - at aforefaid, did then and there ufe a certain dog called a greyhound, (or as the cafe is) for the deftruction of game, and did thereby and therewith, on the fame day and year at aforefaid in the county aforefaid, take, kill and deftroy one hare, without having obtained fuch certificate, as in and by the flatute in that behalf lately made and provided, is direct ed, contrary to the form of the faid flatule, whereby the faid

the appearance of the party accufed, or in default of his appearance according to fuch fummons, to proceed to hear and determine the matter in a fummary way; and upon due proof made thereof, either by the confeffion of the party accufed, or by the oath of one witnefs, to give judg ment (XVI) for the penalty; and to award his warrants (XVII), for levying any pecuniary penalties fo adjudged

00 bath forfeited the fum of 201: These are therefore to command you forthwith to fummon the faid O O perfonally to be and appear before me at in the faid county on

the

day of

at the hour of

in the

noon of the fame day, to anfwer and make defence unto the laid information and compla.nt, and to be further dealt with according to law; and be you then prefent to certify what you Shall have done in the execution of this precept: herein fail you not, under the pain that will thereon enfue. Given under my hand and feal the

day of

(XVI) And fuch conviction fhall be made out in the following or the like form. 31 Geo. 3. c. 21. /. 4.

BE it remembered, that on

Monmouthshire. B
}BE

00 of

at

was duly convicted before me (or us)· for that the faid O✪ on -at - --, did (here ftate the offence against the act according to the fact), contrary to the form of the flatute; and I (or we) do declare and adjudge, that the faid ✪ ✪ hath forfeited for his faid offence, the fum of to be diftributed as the aw directs. Given under my hand and feal, (or our hands and feals, the day and year first above mentioned),

(XVII) The form of this warrant of diftrefs.

Monmouthshire. To the constable of ———

WHEREAS OO of

labourer, is this day duly convicted before me, JP, efq. one of his majesty's juftices of the peace in and for the faid county, upon the oath of W W a credible witness, for that he the faid OO, within fix months now laft paft, to wit, on the day of in the year

at

2

did then and

in the faid county of there ufe a certain dog called a greyhound (or as the cafe is), for the deftruction of game, and did thereby and therewith on aforefaid in the county aforefaid

the fame day and year, at

Y y 3

judged on the goods of the offender, and to caufe fale to be made thereof, in cafe they shall not be redeemed within fix days, rendering to the party the overplus, if any (to be applied half to the king, and half to the perfon who shall inform and profecute for the fame within fix calendar months after the offence is committed; but after fix months the whole fhall go the king, 26 Geo. 3. c. 82, /. 2, 3); and where fufficient goods cannot be found to answer the penalty, to commit (XVIII) fuch

faid, take, kill and deftroy one hare, without having obtained
Juch certificate, as in and by the Statute in that behalf lately
made and provided, is directed, contrary to the form of the
faid ftatute, whereby he the faid O O hath forfeited the fum
of 201: Thefe are therefore in his majesty's name to command
you to levy the faid fum of 201. by diftrefs of the goods and
chattels of him the faid OÓ, and if within fix days next after
fuch diftrefs by you taken, the faid fum fhall not be paid, then
you are hereby further commanded to fell the fait goods fo by
you diftrained, and out of the money arifing by fuch fale, to
pay the fum of —to JJ of — in the faid county, who in-
formed me of the faid offence, and the fum of— to for
the ufe of his majefly, returning the overpius (if any) on de-
mand unto him the faid OO; and if fufficient diftrefs cannot
be found of the goods and chattels of him the faid ỐỌ, whereon
to levy the faid Jum of, then you are to certify the fame.
to me, together with the return of this precept. Given under
hand and feal, the
day of

my

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(XVIII) The form of the commitment for want of distress,

Monmouth-To the conftable of in the faid county, and to the keeper of the common gaol [or boufe of correction, as the cafe is], at in the faid county.

Monmouth-} To the conftable of

WHEREAS O 0, of · in the faid county of ·

labourer, was on the

day of

in the year

duly convicted [here fet forth the conviction as in the above war-
rant of diftrefs, and then proceed]: And whereas on the faid
day of in the year aforefaid
I did iffue my
warrant to the conftable of to levy the faid fum of—
by diftrefs and fale of the goods and chattels of him the faid
PO, and to apply the fame as the law directs: and whereas it
duly appears to me, from a return of my faid precept or war-
rant of diftrefs this day made by the faid conflable of
that he the faid conflable of bath made diligent fearch
for2

--

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fuch offender to the common goal (there to remain for three calendar months,-26 Geo. 3. c. 82. J. 7), unless fuch penalty be fooner paid. f. 22.

And if fuch perfon fhall find himself aggrieved by the judgment of fuch juftice, he may, upon giving fecurity to the value of fuch penalty, together with fuch cofts as fhall be awarded, in cafe fuch judgment fhall be affirmed, appeal to the justices at the next general quarter feffions, who are to fummon and examine witneffes upon oath, and finally to determine the fame; and in cafe the judgment of fuch justice fhall be affirmed, it fhall be lawful for fuch juftices to award the person to pay costs occafioned by fuch appeal. J. 22.

In BURN's Juftice, the foregoing claufe is abftra&ed in the following manner: "But when the penalty doth not exceed 201," the fame may be recovered before one justice, who is required upon complaint, &c. Thus, according to that book, a juftice has only jurifdiction, if the penalty doth not exceed 201, but this feems to be an unwarrantable interpolation, for there is no fuch reftriation in the claufe, as it ftands in Mr. Runnington's Edition of the Statutes; confequently the juftice has a general jurifdiction in regard to all the penalties, if the proJecutor chooses to refort to that fummary mode of proceeding.

If any perfon fummoned as a witnefs before fuch juftices, Witneffes. fhall neglect or refufe to appear, without a reasonable excufe to be allowed of by them, he fhall forfeit 10l, to be levied as before directed. /. 23.

But fuch juftice may, when he fhall fee cause, mitigate Mitigation of any fuch penalties as he shall think fit, not exceeding one penalties. moiety thereof, over and above the charges, and no fuch conviction fhall be removable by certiorari into any court whatsoever. J. 25.

for, but doth not know of nor can find any fufficient goods or
chattels of him the faid 00, whereon the faid fum of
may be levied: These are therefore to command you the faid
confiable of to apprehend the faid OO, and him fafely
to convey to the common gaol [or house of correction, as the cafe
is] at in the faid county, and there deliver him to the
faid keeper thereof, together with this precept; and I do here-
by command you the faid keeper of the faid common gaol (or
houfe of correction, as the cafe is) to receive into your cuftody
in the faid gaol (or houfe of correction as the cafe is), the
faid O O, and him there fafely keep for the pace of three ca-
lendar months, unless fuch penalty fhall be fooner paid; and for
fo doing, this fhall be to you a fufficient authority. Given un-
hand and feal, the
day of -in the

der my year

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