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certificate granted shall be void ; and the person acting under the fame, after notice to him given of such new certificate, shall be liable to the penalties prescribed by this act, as if no certificate had been granted. s. 14.
The clerks of the peace, ħall in every year, on or before Clerks to tranf ist Auguf, in each year, when required by the commis- mit lifts to the fioners of itamps, make out and transmit to the head office itamp office. in London, correct lifts, in alphabetical order, of the certificates issued by them, distinguishing the duties paid on each certificate ; and on the delivery thereof, the receiver general of the stamp duties shall pay to every clerk of the peace for making out such list, one halfpenny for the name of every person to whom such certificate shall have been issued, and which shall be inserted in such lift ; and in cafe any clerk of the peace shall neglect or refuse to make out such lists, or shall not insert therein à full account as before directed, of all persons the same ought to contain, such clerk of the peace, &c. shall forfeit 20. . 11.
Andall the said lifts shall be deposited and kept at the Liks may be head office in London, and may within office hours be inspected. inspected by, any person, on payment of one fhilling. f. 12.
The commissioners of stamp duties shall, once or oftener And published in every year, as soon as may be after the lists shall have been in the news transmitted to them, cause the same to be inserted in the papers. newspapers circulating in each county, or in such public newspaper as to them Thall seem most proper, f. 13.
And as there are several cities and towns that are counties Cities and towas of themselves, and have no clerks of the peace ; every person being counties residing there, may deliver in the paper before directed, to themfelveives. the office of the clerk of the peace, of any county adjoining, who is to issue a certificate as if the person resided in the county, under the same 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, shall recover the same for his own use, with costs. f. 21.
But it shall be lawful for one justice, and such justice is required, upon information or complaint (XIV) to him
(XIV) The form of the information for killing game with out having taken out a certificate.
day of in the
year of the reign of his prefent majesty' George the Third, by the grace of God,
. hire,? BE it remembered, that on the
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made, to summon (XV) the party accused, and also the witnesses on either lide, to appear before him ; and upon
of Great Britain, France, and Ireland, king, defender of the faith, &c. at
in the county of -, J J of same county, yeoman, in his proper person cometh before me J P, [2. one the justices of our said sovereign lord the king, a'. figned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors done and committed in the said county of —, and now here before me the said justice, maketh INFORMATION and comPLAINT, that one 0 0 of —, labourer, within fix months now last past, to wit, on the
-- day of in the year
in the county of aforesaid, did then and there ule a certain dog called a greyhound, (or as the cafe is] for the distruction of game, and did thereby and therte with on the same day and year, at aforelaid in the county aforesaid, take, kill and deftroy one hare without have ing obtained such certificate, as in and by the statute in that behalf lately made and provided, is directed, contrary to the form of the said statute, whereby the faid 0 O hath forfeited the lum of 201: and the said I J prays the judgment of me the faid justice in the premises aforesaid, and that the faid oo may be summoned to make answer and defence thereto,
day and year firft
(XV) The form of the summons thereon.
Monmouthshire, } to the confable of
in the year
WHEREAS information and complaint hath been made unto me J P, elg. one of his majeliy's justices of the peace in and for ihe said county of that 0 0 of bourer, within six months now las past, to wit on the day of
in the county of aforesaid, did then and there use a certain dog called a greyhound, (or as the case is) for the destruction of game, and didibereby and therewith, on the same day and year at aforesaid in the county aforesaid, iake, kill and destroy one hare, without having obtained such certificate, as in and by the Patute in that behalf lately made and provided, is directe ed, conirary:o the form of she said fiatute, whereby i he said
the appearance of the party accused, or in default of his appearance according to such summons, to proceed to hear and determine the matter in a summary way; and upon due proof made thereof, either by the confession of the party accused, or by the oath of one witness, to give judge ment (XVI) for the penalty ; and to award his warrants (XVII), for levying any pecuniary penalties fo ads
0 0 hath forfeited the sum of 201 : These are therefore to
hand and seal the
(XVI) And such conviction shall be made out in the fol
lowing or the like form. 31 Geo. 3. c. 21. /. 4. Monmouthshire. }BE it remembered, that on
0 0 of
was duly convifted before me (or us), for that the laid 0 0 on at - did (here state the offence against the act according to the fact), contrary 10 the form of the statute; and I (or we) do declare and adjudge, that the said 0 0 hath forfeited for his faid offence, the sum of - to be distributed as the aw directs. Given under my hand and seal, (or our hands and feals, the day and year first above mentioned),
(XVII) The form of this warrant of distress.
Monmouthshire. To the constable of — WHEREAS OO of --, labourer, is this day duly convicted before me, J P, elq, one of his majesty's juslices of the peace in and for the said county, upon the oath of WW a credible witness, for that he the said o 0, within six months now last past, to wit, on the day of in the faid county of
did then and there rese a certain dog called a greyhound (or as the case is), for the destruction of game, and did thereby and therewith on the fame day and year, at aforesaid in the county afore
in the year
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judged on the goods of the offender, and to cause fale to be made thereof, in case they shall not be redeemed within fix days, rendering to the party the overplus, if any (10 be applied half to the king, and half to the person who shallinform
and prosocute for the same within six calendar months after ihe offence is committed; but after six months the whole shall go the king, 26 Geo. 3. c. 82, s. 2, 3); and where sufficient goods cannot be found to answer the penalty, to commit (XVIII)
said, take, kill and destroy 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 statute, whereby be the said O O hath forfeited the sum of 201 : These are therefore in his maje/ly's name to command you to levy the said sum of 201. by distress of the goods and chattels of him the said O Ó, and if within six days next after such distress by you taken, the said sum shall not be paid, then you are hereby further commanded to sell the said goods so by you distrained, and out of the money arising by such sale, 19 pay the sum of 10 JT of in the said county, whoir formed me of the said offence, and the sum of — — for the use of his majesty, reiurning the overpius (if any) on dee mand unto him the said 0 0; and if sufficient distress cannot be found of the goods and chartels of him the said 00, whereon to levy the said sum of -, then you are to certify the same to me, together with the return of this precept. Given under my hand and feal, the
in the year
(XVIII) The form of the commitment for want of distress, Monmouth- To the Constable of in the said county, shire
} of the
in the said county. WHEREAS O 0, of in the said county of labourer, was on the --- day of duly convicted (here set forth the conviâion as in the above war. çant of distress, and then proceed ]: And whereas on the faid
day of in the year aforesaid, I did issue my warrant to the conftable of to levy the said sum of by diftress and sale of the goods and chattels of him the said Oo, and to apply the same as the law direits : and whereas it duly appears to me, from a return of my faid precept or warrant of distress this day made by the faid Iconstable of bat be the said confiable of
bath made diligent search
such offender to the common goal (there to remain for three
And if such person shall find himself aggrieved by the
In Burn's Justice, the foregoing clause is abflraied in the following manner : “ But when the penalty doth not exceed 201,” the same may be recovered before one justice, who is required upon complaint, &c. Thus, according to that book, a justice has only jurisdiction, if the penalty doth
not exceed 201, but this seems to be an unwarrantable interpolation, for there is no such reftriation in the claufe, as it stands in Mr. Runnington's Edition of the Statutes; consequently the justice has a general jurisdiftion in regard to all the penalties, if the prosecutor chooses to resort to that summary mode of proceeding.
If any perfon summoned as a witness before such justices, Witnesses shall neglect or refuse to appear, without a reasonable excuse to be allowed of by them, he shall forfeit 1ol, to be levied as before directed. f. 23.
But such justice may, when he shall see cause, mitigate Mitigation of any such penalties as he shall think fit, not exceeding one penaltics. moiety thereof, over and above the charges, and no such conviction shall be removable by certiorari into any court whatsoever. . 25.
for, but doth not know of nor can find any sufficient goods or
in the year
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