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to 0 0 of in the said county, yeoman, the surety of the peace (or of the good behaviour) which he hath aguinst him the suid 0 0.
the day and year above
Also if the party be imprisoned for default of suretics, any istice may, upon the offer of such prisoner, take surety of hiin ud say thereupon make his Liberate, or warrant for the de. iery of such prisoner. Dalton, c. 118.
The form of which liberate may be as follows :
onmouthshire, J Pesquire, one of his majesty's justices to wit.
of the peace in and for the said county, to keeper of his majesty's grol, al M, in the said county greet; it'hereas ( 0, in the prison of our said lord the king
being, at the suit of P G in the said county, yeoman, for bant of his finding sufficient sureties, for his personal aprance at the next general quarter sessions of the peace, to koiden in and fur the said county, and for his keeping the te in the mean time towards our said lord the king, and all kiege people, and especially locarils the said PG, hath ad before me sufficient surelies, to wit F S of - and of
each of whom hath undertaken for the said under the pain of forty pounds, and he the said o O hath Ertaken for himself, under the pain of forty pounds, that he did 0,Ó shall and will personally appear at the next general Fer sessions of the peace, to be holden in and for the said y, and shall well and truly keep the peace in the mean
towards our said lord the king, and all his liege people, especially towards the said PG: Therefore on the behalf er suid lurd the king, I do command you, that if the said o remain in the said gaol for the said cause anil for none r, then you forbear lo grieze or detain him longer, but that deliver him thence, and suffer him to go at lurge, and that * the pain that will fall thereon. Given under my hand seal at
in the said county, the day of
year of the reign of our suid lord George the third He grace of God of the united kingilom of Great Britain and sod, king, ege:
Surgeons. See PHYSICIANS,
SWANS. Qualification to
By 92 Ed. 4. c. 6, no person other than the son of the keep swans.
king shall have any mark or game of swans, except he have lands of freehold to the yearly value of five marks; and if any person not having lands to the said yearly value, sball have any such mark or game; any of the king's subjects bar. ing lands of the said value, may seize the swans as forfeit, Whereof the king shall have one half, and he that shall seize, the
other. Stealing swans. It seems clear that a man may commit felony by taking away
swans marked or pinioned; or by taking those which are us. marked, if they be domestical or tame, that is, if they be kept in a pond or private river. i Hawk. c. 33. s. 27.
So it seemeth of swans unmarked, so long as they keep within a man's manor, or within his private rivers; or if they happen to escape from thence, and be pursued and taken, and brought in again. 7.Co. 16, b. Dalton, c. 156. s. 3.
But if swans that are upmarked shall be abroad, and shall attain to their natural liberty, and the property of them is lost; and so long felony cannot be committed by taking them. Dalton, c. 156. s. 3.
And yet such unmarked and wild swans the king's oficeri may seize (being abroad), for the king's use, by his prerog tive. Also the king may grant them, and by consequence another may prescribe to have them, within a certain precioct
or place. Ibid. Swens' eggs.
And Hawkins, says, that he doth not see why it is not a much felony to steal the eggs of such swans, as it is to steal their young ones, unless it be because 11 Hen. 7. 6. 17. has apo pointed a less punishment for such offence. 1 Hawk. c. 33. 6. 27.
And it is by the said stat. 11 Hen. 7. c. 17, enacted that no person shall take or cause to be taken, in his own ground or any other man's the eggs of any swan, on pain (on conviction before the justices of peace) of imprisonment for a year and a day, and fine at the king's will, half to the king and hall to the
owner of the swans. Penalties. Also by 1 Jac. 1. C. 27. s. 2, every person who shall take the eggs of any swan, out of the nest, or willingly break, spoil
, or destroy the same in the nest, and shal? be convicted therei before two justices, by confession or oath of two witnesses, shall be committed to gaol for three months, unless he pay to the church wardens for the use of the poor 20s. for every egg or after one month after his commitment, become bound by recognizance with two sureties in 201. a piece, before two jes tices, never to offend again in like manner, which recognizance shall be returned to the next sessions,
SWEARING. By 19 Geo. 9. c. 21, if any person shall profanely curse or Penaltiess swear, and be convicted on the oath of one witness before any justice of peace or before the mayor, justice, bailiff or other hief magistrate, of any city or town corporate, or by confession te shall forfeit as is herein after mentioned ; viz.
Every day labourer, common soldier, common sailor and comion seaman.*, 1s. Every other person under the degree of a gentleman, 28. And every person of or above the degree of a gentleman, And in case any such person after conviction offend a se. ad time, he shall forfeit double; and for every other offence fer a second conviction, treble the sum first forfeited. $. 1. Which penalties shall go to the poor of the parish where the fance was committed ; and justices though rated to the relief the poor may act. S. 10, 9. And in case any person shall profanely swear or curse, in Swearing in the bearing of any justice, or mayor, such justice or mayor shall presence of a rict him without any other proof. s. 2.
justice. fin the bearing of any constable, petty constable, tything. In the presence
or other peace officer, such peace officer shall, in case he be of a peace of known,' seize and carry him before the next justice, or ficer. or, who shall on the oath of such peace officer, convict him; in case such person be known to such peace officer, he
make information before some justice or mayor, in order the offender may be convicted and punished. S. 3. nd every such justice (or mayor) shall, upon information, Manner of cons giren upon oath of any such peace officer, or of any other viction.
And by the articles of war, in slat. 29 Geo. 2, c 33, persons ging to hjg majesty's ships of war, guilty of profane oaths or
sball incur such punishment as a court martial shall inflict.
J S of
(I) Form of the information. toathshire, 1 Be it remembered that on the }
day to vit.
in the cosanty, he the said J S did hear 0 0 of in the
ounty, labourer, swear one or more profane oath or oaths, carse one or more profane curse or curses, as the case .be] in these words : to wit.
person, cause the offender to appear (II) before him; and upci such information being prored, convict (III) such offender.
S. 4. Convictionfinal. And the said conviction shall not be remored by certiorari
into the king's bench, but shall be final. S. 8. And to be re. And the said justice (or mayor), before whom such convica turned to ses- tion is made, shall cause the saine to be wrote upon parchment siuns.
and returned to the best general or quarter sessions of the peace for the county wherein such conviction was made, to be filed by the clerk of the peace, and be kept amongst the records of the
said county. S. 4. Commitment
And in case such offender shall not immediately after contes on non-pay. tion pay the sum forfeited, or give security to the satisfaction ment of the of such justice or magistrate, it shall be lawful to commit (1 penalties.
(U) Form of the summons. Monmouthshire
; } 'To the constable of U'hereas information upon oath halh this day been before me J Pesquire, one of his majesty's justices of the in and for the suid county, by JS of
dy of he heard 0 0 of county, labourer, ut -, in the parish of said county, swear one or more profane oath or oaths (or one or more profane curse or curses, as the case shall be]: 1 are therefore to conmund you to cause the said o O for to appear before me to answer the premises, and to be found dealt with according to law. Giver under my hand and
in the said county, the day of year of
(III) And such conviction may be drawn up in the fort lowing, 19 Geo. 2. c. 21. s. 8. Monmouthshire, 2 Be it remembered, that on the to wit.
in the year of me reign, A B was convicted before me - one uf his maxi justices of the peace for the county, riding, division, or aforesaid; or before me — mayor, justice, bailiff, or chief magistrate of the city or town of
witbin the (as the case shall be), of swe tring one or profane oath or oaths, or of cursing one or more profane or curses, as the case shall be. Given under my hand and the day and year aforesaid.
(IV) Form of the commitment. Monmouthshire, To the constable of - in the to wit.
county, and to the keeper of the hou
correction at - in the said county Whereas 0'0, of in the said county, labours
him to the house of correction, to be kept to hard labour for ten days. $. 4.
And all charges of information and conviction shall be paid and also for te by the party ofl'ending, if able, over and above the penalties, costs. which charges shall be ascertained by the justice (or mayor). 8. 10.
But the justice's clerk shall take for the information, summons, and conviction of every offender, 1s. and no more. 3. 14.
And in case such party be not able, or shall not immediately pay the said charges, or give security for the same, it shali be lawful for the justice, or mayor, to commit (V) him to the house of correction, to be kept to hard labour for six days, over and above such time for which such offender may be coin. mitted in default of payment of the penalties; and in such case no charges of information and conviction shall be paid by any person, $. 10.
But in case any common soldier, or any common sailor or sea. Exception as 19 man, be convicted, and shall not immediately pay the penalty, soldiers and or give security for the same, and the costs of the information, seamen. stimmons and conviction ; instead of being committed to the house of correction, he shall be publicly set in the stocks for one
and stands convicted this day before me J Pesquire, one of his rajesty's justices of the peace in and for the said county, of sacaring one profanc oath, on the day of
this present month of
in the parish of in the said county, whereby he hath forfeited the sum of one shilling to the poor of the said parish of - ; and whereas the said 0 0 hath refused, and doth refuse, to give satisfactory security to pay the same: These are therefore to require you the taid constable to convey the said 0 0 to the house of correction at M aforesaid and there deliver him to the keeper thereof together with this precept. And I do hereby also command you the said keeper to receite him the said 0 O into your custody in the said house of correction, and there to detain and keep him to hard labour for the space of ten days. And for so doing this shall be your sufficient warrant. Given unier my hund and seal at
in the said county, the day of
year of the reign of (V) In this case these words may be added to the commit
ment. satisfactory security to pay the same: And where. As the said o O hoth likewise refused, and doth refuse to pay the sum of one shilling, which I have settled ani ascertoined us and for the charges of the proceedings aguinst him, touching his suid offence ; und he hath refused, imi doth refuse, to give sulisfactory security to pay the same : These are therefore to a equire you, &c. for the space of sirteen days, oc. Vol. IV.
es in the