22. Forms. (35). Conviction for a like offence, where the trespass was committed by five persons or more, (ante, 250). (36). Conviction provided (a). And I the said justice do adjudge that the said A. O. shall for his said offence forfeit the sum of 21., together with the sum of – ·(ante, 287, n. (e)) for costs. And that in default, &c. [Conclude as ante, 287, (No. 3)]. in Be it remembered, that on the day of ———, in the year of our Lord to wit. at in the parish of in the county of ——, A. O., of &c., [labourer], and T. O. of the same place, [labourer], upon the information and prosecution (ante, 287, n. (b)) of Á. B., of - [labourer], are and each of them is duly convicted before me J. P., esquire, one of her Majesty's justices of the peace for the said county, (ante, 287, (No. 3)), for that the said A. O. and T. O., together, and together with three other persons to me the said J. P. as yet unknown, on the · day ofthe year of our Lord · between the beginning of the last hour before sunrise on that day, and the expiration of the first hour after sunset on that day (b), that is to say, at the hour of [eleven] of the clock of the [forenoon] of the same day, with force and arms did commit a trespass on a certain close then and there in the occupation of the said A. B. then and there called (c), and situate in the parish aforesaid and county afore said, by then and there and at the time of day aforesaid unlawfully and wilfully entering [or, "being"] together, and together with those persons, upon the said close in search [or, "pursuit"] of game, to wit, [or, "woodcocks," &c., ante, 250], without the leave, license, or consent of the said A. B., who then and at the time the said A. O. &c. entered [or, “were"] upon the said land as aforesaid had the exclusive right of killing the game upon the said close, (ante, 295, n. (b)), contrary to the form of the statute in such case made and provided. And I the said justice do adjudge that the said A. O. shall for his said offence forfeit the sum of 51. (d), and shall forthwith pay the said sum together with the sum of £— (ante, 287, n. (e)) for costs. And that the said T. O. shall for his said offence also forfeit the sum of 51., and shall forthwith pay the said sum together with the sum of £—for costs; and that in default of immediate payment by the said A. O. or T. O. of the said several sums of money 19 to be paid by each of them as aforesaid, they or he so making default as aforesaid shall be imprisoned [or, “imprisoned and kept to hard labour”] in the offor the space of unless the said several sums of money so to be paid by them or him as aforesaid shall be sooner paid; (but not so as that either of them, the said A.0. or T. O., shall be imprisoned or kept in prison for the default of the other of them). And I direct that one moiety of each of the said sums of £— (the penalties) shall be paid to the said A. B., the person who hath informed and prosecuted for the same, and the other moiety thereof to -, being one of the overseers of the poor of the said rish ["township," or, "place"] (ante, form No. 3) of to be by him applied according to the directions of the statute in such case made and provided; and I order that the said sums of £— and £—for costs shall be paid to the said A. B. (the complainant). Given under my hand, the day and year first above mentioned. (See notes to Form, (No. 3), ante, 287). on a certain close then and there called - J. P. [Commence as in the form, ante, 287, (No. 3), to the asterisk]—for that the said A. O., on the · day of· in the year of our Lord, between the be ginning of the last hour before sunrise on that day, and the expiration of the first heur after sunset on that day (b), that is to say, at [ten] o'clock in the [ forenoon] of the same day, at the parish aforesaid, in the county aforesaid, was found by one A. B., of &c., (e), there situate, and then and there being in the occupation of one E. F. of &c., in search [or, "pursuit"] of game [or, woodcocks," "snipes," " quails," "landrails," or, "conies"],* the said A. B. then and there, and at the time of the requisition hereinafter mentioned, having the right of killing the game upon the said close, by virtue of a certain reservation [this must agree with the fact] contained in a certain deed relating to the said game. And the said A. B., being so entitled to the said game as aforesaid, did thereupon then and (a) Some particular trespassers are exempted by the 35th section of the act (ante, 252) from this mode of proceeding by summary conviction. But as these exemptions are the subject of a East's Rep. 646: note per Lord Mansfield, Deac. G. L. 141). (b) See ante, 252, 274. (c) Describe the close by name, abuttals, or occupation. (See ante, 295, n. (a). (d) The penalty is not exceeding 51. on each of the trespassers. (e) Describe the close by name, occupation, or abuttals. (See ante, 295, n. (a). there, and before the said A. O. had left the said close, require the said A. O. forthwith to quit the said close, and also to tell his Christian name, surname, and place of abode, but the said A. O., after being so required as aforesaid, did then and there unlawfully refuse to tell his real name [or," place of abode "] (a), contrary to the form of the statute in such case made and provided. And 1, the said justice, do therefore adjudge that the said A. O. shall for his said offence forfeit the sum of 51., and shall forthwith pay the said sum, together with the sum of £— (ante, 287, n. (e)) for costs, and that in default &c. [Conclude as in the form, ante, 287, (No. 3)]. 22. Forms. land after being required to quit it by a person authorized by the party game, (ante, 251). entitled to the [Commence as ante, 296, (No. 36), to the second asterisk, but stating that (37). The like for “A. O. was found by G. H. of &c. and A. B. of &c.," instead of " the said A. B."]-continuing on the and the said G. H. being then and there, and at the time of the requisition hereafter mentioned, duly authorized by the said A. B. so to do, did thereupon then and there, and before the said A. O. had left the said close, require the said A. O. forthwith to quit the said close, and also to tell his Christian name, surname, and place of abode, but the said A. O., after being so required as aforesaid, did then and there unlawfully and wilfully continue upon the said close, without the license of the said A. B., and against the will of the said G. H., contrary to the form of the statute in such case made and provided. And I, the said justice, do therefore adjudge &c. [Conclude as in the last preceding form]. [Commence as ante, 296, (No. 36), to the first asterisk, but stating that "A. O. was found by one E. F. of &c. and the said E. F.," instead of "one E. F. of &c."] -and the said E. F., so being such occupier of the said close as aforesaid at the time of the requisition hereafter mentioned, did thereupon then and there, and before the said A. O. had left the said close, require the said A. O. forthwith to quit the said close, and also to tell his Christian name, surname, and place of abode ; but the said A. O., after being so required as aforesaid, instead of giving a proper and correct description of his place of abode to the said E. F., did then and there unlawfully refuse to give any other description in that behalf than by then and there stating that he the said A. O. lived at —; the same description of his place of abode being so general as to be wholly illusory for the purpose of discovering the real place of abode of the said A. O., contrary to the form of the statute in such case made and provided. And I do therefore adjudge &c. [Conclude as in the form, ante, 297, (No. 26)]. Be it remembered, that on the severally day of ——, in the year of our Lord to wit., at ———, in the parish of —, in the county of - aforesaid, A. O., of the parish aforesaid, in the county aforesaid, [labourer], and T. O., of the same place, (labourer], are, upon the information and prosecution of A. B. of convicted before us, J. B. and J. P., esquires, two of her Majesty's justices of the peace for the said county, (ante, 287, (No. 3)), for that the said A. O. and the said T. O., and three other persons to us the said justices as yet unknown, to the number of five together, on the day of in the year of our Lord, between the begin ning of the last hour before sunrise on that day, and the expiration of the first hour after sunset on that day, (ante, 252, 274), to wit, at the hour of [eleven o'clock in the forenoon of the same day, at the parish aforesaid, in the county aforesaid, were found by the said A. B. together on a certain close of E. F., esquire, then and there called -, (see ante, 295, n. (a) ), and situate in the parish aforesaid and county aforesaid, in search [or, “pursuit”] of game [or, "woodcocks," &c., ante, 251], he the said E. F. then and there, and at the time of the making use of the violence ["intimidation,” or, “ menace"] hereafter mentioned, having the right of killing the game spon the said close, and the said A. B. being then and there, and at the time of the making use of the said violence [&c., supra], the lawful gamekeeper of the said E. F. for the manor of G., in which the said close was situate, and the said E. F. being at the times aforesaid the lord of the said manor, and that the said A. O., being then and there and at the time of day aforesaid armed with a gun, did then and there, and at the time of day aforesaid, by violence [“intimidation” or “menace"], unlawfully prevent [or, "endeavour to prevent"] the said A. B. from approaching the said A. O. and T. O., and the said other persons so found as aforesaid [let this agree with the fact, see ante, 252], for the purpose of requiring them [or, "the said -"] to quit the said close whereon they were so found as aforesaid, contrary to the statute in such case made and provided [or, "for the purpose of requiring them [or, "the said -"] to tell (a) Let this accord with the circumstances of the case. See ante, 251, and the next two forms. (38). The like for giving an illusory description of his place of abode to the occupier of the land, (ante, 251). (39). Conviction under s. 32, against two persons for going out with three others to the number of five together, and deterring a gamekeeper from approaching them to order them off the land, (ante, 251). 22. Forms. (40). The like for trespassing on the Queen's park or (ante, 252). their [or, "his"] Christian names, surnames, and places of abode [or, “Christian name, surname, and place of abode, contrary &c." as above]. And that the said T. O. was then and there, at the time of day aforesaid, present, and did then and there, at the time of day aforesaid, unlawfully aid [or, “ abet"] the said A. O. to commit the said offence, contrary to the statute in such case made and provided. And we do adjudge that the said A. O. shall for his said offence forfeit the sum of 51., and shall forthwith pay the said sum, together with the sum of £- for costs, and that the said T. O. shall for his said offence also forfeit the sum of 51, and shall forthwith pay the said last. mentioned sum, together with the sum of £-for costs. And that in default &c. [Con clude as in the form, ante, 296, (No. 35)]. [Commence as in the form, ante, 287, (No. 3), to the asterisk]—for that the said A. O., on the day of - A. D. between the beginning of the last hour forest under s. 33, before sunrise on that day, and the expiration of the first hour after sunset on that day, (ante, 252, 274), to wit, at the hour of [eleven of the clock in the forenoon] of the same day, at the parish aforesaid, in the county aforesaid, unlawfully and wilfully did commit a trespass upon her Majesty's park, then and there called situate and being in the parish aforesaid in the county aforesaid, by then and there at the time of day aforesaid unlawfully and wilfully entering [or, “being”] in the said park, in search [or, "pursuit"] of game, without being first duly authorized so to do, contrary to the form of the statute in such case made and provided. And I, the said justice, do adjudge that the said C. D. shall for his said offence forfeit the sum of 21., and shall forthwith pay the said sum, together with the sum of £— (ante, 287, n. (e)) for costs. And that in default &c. [Conclude as in the form, ante, 287, (No. 3)]. FORMS RELATive to the KILLING, &c. OF GAME, &c. at improper TIMES (43). Conviction on 1 & 2 Will. 4, c. 32, s. 3, for killing game on a 243). [Proceed as in the form, ante, 287, (No. 3), to the asterisk]-for that the said A. O. did, on Sunday [or, "Christmas Day"], the day of in the year aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully and wilfully kill Sunday or Christ- [or, "take"] certain game, to wit, [one hare ] [or," did use a dog,' 39 66 gun," "net," mas Day (ante, or, a certain engine, to wit, a or, a certain instrument, to wit, a for the purpose of killing [or," taking"] game, to wit, -"],contrary to the statute in such case made and provided. And we do adjudge that the said A. O. shall for the said offence forfeit the sum of 51. (a), and shall forthwith pay the said sum, together with the sum of £— (ante, 287, n. (e)) for costs, and that in default of immediate payment of the said sums, the said A. O. shall be imprisoned (b) [or, "imprisoned and kept to hard labour"] in the of in the county aforesaid, for the space of one [or, "two"] (c) calendar month [or, "months"], unless the said sums shall be sooner paid. And we direct that the said sum of 51. (d) shall be paid dc. [Conclude as ante, 287, (No. 3)]. (44). The like for killing partridges between 1st Feb. and 1st Sept. (ante, 243). [Commence as in the form, ante, 287, (No. 3), to the asterisk]—for that the said 4. O. did, between the first day of February in the year aforesaid and the first day of September in the year aforesaid, to wit, on the day of in the year aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully and wilfully kill [or, "take"], to wit, [six partridges], contrary to the form of the statute in such case made and provided. And we do adjudge that the said A. O. shall for the suid offence forfeit the sum of [61.] (e), being after the rate of 11. for every head of game so killed [or, "taken"] as aforesaid, and shall forthwith pay the said sum, together with the sum of £-(ante, 287, n. (e)) for costs, &c. [Conclude as in the form, ante, 287, (No. 3)]. (a) Not to exceed 51., but may be less. (b) See the 38th section, ante, 262. (c) The time of imprisonment may be three calendar months if the penalty amounts to 51. exclusive of costs, or two calendar months where it does not amount to that sum. (See ante, 263). (d) As to the application of the penalties, see ante, 262. (e) Not to exceed the rate of 11. for each head of game, but may be less. [Commence as in the form, ante, 287, (No. 3), to the asterisk]-for that the said A. O. did, between the first day of February in the year aforesaid and the first day of October in the year aforesaid, to wit, on the day of — in the year aforesaid, at the parish of P. in the county aforesaid, unlawfully and wilfully take [or, "kill"], to wit, [sir pheasants], contrary to the form of the statute in such case made and provided. And we do adjudge &c. [Conclude as in the form, (No. 44), supra]. [Commence as in the form, ante, 287, (No. 3), to the asterisk]—for that the said A. O. did, between the tenth day of December, in the year of our Lord ―, and the twentieth day of August (a), in the year of our Lord ―, to wit, on the day of—, in the year of our Lord at the parish aforesaid, in the county afore said (b), unlawfully and wilfully kili [or, “ take”], to wit, six black game, contrary to the form of the statute in such case made and provided. And we do adjudge, &c. [Conclude as in the form, (No. 44), ante, 298]. and the 22. Forms. (45). The like for killing pheasants between 1st Feb. and 1st Oct. (ante, 243). (46). The like for killing black game between 10th Dec. and 20th Aug., not being in Somerset or Devon, or in New Forest, (ante, 243). (47). The like for killing grouse be tween 10th Dec. and 12th Aug. [Commence as in the form, ante, 287, (No. 3), to the asterisk]—for that the said 4. O. did, between the tenth day of December, in the year of our Lord, twelfth day of August, in the year of our Lord to wit, on the day of in the year of our Lord · at the parish aforesaid, in the county aforesaid, unlaw- (ante, 243). fully and wilfully kill [or, "take"], to wit, [six grouse], commonly called red game; contrary to the form of the statute in such case made and provided. And we do adjudge &c. [Conclude as in the form, (No. 44), ante, 298]. [Commence as in the form, ante, 287, (No. 3), to the asterisk]-for that the said A. O. did, on the — day of —, in the year of our Lord at the parish aforesaid, in the county aforesaid, he the said A. O. not having then and there the right of killing the game upon certain land, to wit, the land of one E. F., situate in the parish aforesaid and county aforesaid, and then and there called (c), nor having then and there permission so to do in that behalf from the said E. F., he being then and there the person having such right in and upon the said land, unlawfully, wilfully, and knowingly, and without the permission of the said E. F., take out of the mest [or, "destroy in the nest"] then being upon such land, divers, to wit, [eight] eggs of a certain bird of game, to wit, of a bird of game called a [partridge] [or, **of a certain swan,' or, "wild duck," "teal," or, "widgeon"], then and there found, contrary to the form of the statute in such case made and provided. And we do adjudge that A. O. shall for the said offence forfeit the sum of [forty] shillings, the same being after the rate of five shillings (d) for every egg so taken [or," destroyed"], and shall forthwith pay the said sum of [forty] shillings, together with the sum of · (ante, 287, n. (e)) for costs. And that in default &c. [Conclude as in the form, ante, 287, (No. 3)]. [Commence as in the form, ante, 287, (No. 3), to the asterisk. The statement of the offence in this case may easily be framed from the preceding form. This conviction must also conclude as the last form.] [Commence as in the form, ante, 287, (No. 3), to the asterisk]-for that the said where game then usually resorted [or, “ in a certain highway there situate and called to ----- with intent thereby then and there to destroy [or, “injure"] the game resorting to the said ground [or, “highway"], contrary to the form of the statute in such case made and provided. And we do adjudge that the said A. O. shall for the said offence forfeit the sum of [101.], and shall forthwith pay &c. [Conclude as in the form, ante, 287, (No. 3)]. (a) If the conviction be for killing black game in the county of Somerset or Devon, or in the New Forest, state, instead of the 20th day of August, the 1st day of September. (See ante, 243). (6) If the conviction be for killing black game in the county of Southamp ton, then here negative the taking being (d) Five shillings, or less, for every egg. 22. Forms. (51). Information. (52). Summons or warrant. (53). Conviction on 1 & 2 Will. 4, c. 32, s. 4, of a licensed dealer for selling or having game in his pos session after ten days from the expiration of the season, (ante, 244). (54). The like of a person not licensed to deal in game, for selling game after ten days from expiration of season, ante, 244). (55). The like of a person not licensed to deal in game, for having game in his possession after forty days from the expiration of the scason, (ante, 244). (56). Conviction on 9 Geo. 4, c. 69, for a first offence in destroying &c. game in the night (e). Game. § XXII. FORMS RELATING TO BUYING AND SELLING OF GAME, &c. [See the form, ante, 285.] [See 287.] 1 [Commence as in the form, ante, 287, (No. 3), to the asterisk ]-for that he the said A. O., did after the expiration of ten days (one inclusive and the other exclusive) from the first day of February (a), in the year aforesaid, to wit, on the day of in the year aforesaid, at the parish aforesaid, in the county aforesaid, he, the said A. O., being then and there, and at the time of the sale [as the case is] hereinafter mentioned, a person duly licensed to deal in game, by virtue of the statute in such case made and provided, as therein mentioned, unlawfully sell to [or, "buy of"] one G. Gy of [or, "unlawfully and knowingly have in his possession, “house," "shop,” "stall," or, "control"], [six] birds of game, to wit, [three] birds of game called [partridges], and three other birds of game, to wit, [three] birds of game called [pheasants], contrary to the statute in such case made and provided. And we do adjudge that the said A. O. shall for the said offence forfeit the sum of [61.] (b), the same being after the rate of 11. for every head of game so sold [or, “bought"] by him [or," so found in his possession," &c.] as aforesaid, and shall forthwith pay the said sum, together with the sum of £— (ante, 287, n. (e)) for costs. default &c. [Conclude as in form, ante, 287, (No 3)]. And that is [Commence as in the form, ante, 287, (No. 3), to the asterisk]—for that the said A. O. did, after the expiration of ten days (one inclusive and the other excla sive) from the first day of February, in the year aforesaid (c), to wit, on the day of, in the year aforesaid, at the parish aforesaid, in the county oforesaid, he, the said A. O., not being then and there a person licensed to deal in game by vir tue of the statute in such case made and provided, as therein mentioned, unlawfully sell to [or," buy of"] one G. G. of called [partridges], contrary to the statute in such case made and provided. And we · [six] birds of game, to wit, [six] birds of game do adjudge &c. [Proceed as in the preceding form, (No. 53), to the end, mutatis mutandis]. [Commence as in the form, 287, ante, (No. 3), to the asterisk]-for that the said A. O. did, after the expiration of forty days (one inclusive and the other exclssive), from the first day of February (d), in the year aforesaid, to wit, on the day of in the year aforesaid, at the parish aforesaid, in the county aforesaid, he, the said A. O., not being then and there a person licensed to deal in game by vir tue of the statute in such case made and provided, as therein mentioned, unlawfully and knowingly have in his possession [“ house," or,“ control"] [six] birds of game, to wit, [six] birds of game called [pheasants], the same or any or either of them not being birds or a bird of game then and there kept in a mew or breeding place, contrary to the form of the statute in such case made and provided. [Conclude as in the forin, ante, 287, (No. 3) ]. And we do adjudge &c. FORMS UNDER 9 GEO. IV. c. 69, AGAINST NIGHT POACHING. Be it remembered, that on the to wit. parish of · in the county of day of ——————————, A. D. ——————, at in the S. P., two of her Majesty's justices of the peace for the said county,* for that the said A. O. is convicted before us, J. P. and A. O., within six calendar months now last past, (ante, 268), to wit, between the (a) Let this be the day on which the season for killing the game in question expired, according to the third section of the act, ante, 243. (b) Not to exceed the rate of 11. for each head, but it may be less. (c) Let this be the day on which the season for killing the game in question expired, according to the third section of the act, ante, 243. (d) The day on which the season expired. (See ante, 243). (e) The act prescribes the formal parts of this conviction. See the enactment, (ante, 268). |