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22. Forms

(70). Summons on sect. 27, against person through whose hands such venison may have passed (d).

said county, for that he, the said C. D., on fc., at the parish of, fc., had in his pos.
session (or, “ on his premises at aforesaid, and with his knowledge'] a part of
a deer, to wit, — [or, “ snare," &c., see No. 68]; and that upon the said part of the
said deer (or, fc., see No. 68] being found in the possession [or, " on the said
premises"] of the said C. D. as aforesaid, by virtue of a certain search warrunt, and
the said C. D. being carried before me, the said J. P., now here as such justice as
aforesaid, the said C. D. doth not satisfy me, the said J. P., that he cane laufully
by the said part of the said deer, (or where a snare or engine for taking deer has
been found, that he hath or then had a lawful occasion for such snare [or, “ engine"},
and that he did not keep the same for any unlawful purpose"], but hath altogether
failed in so doing, against the form of the statute in that case made and provided :
and I, the said J. P., adjudge the said C. D. for his said offence to forfeit and
pay the sum of [201.], and also to pay the sum of shillings * (ante, 287,
n. (e)) (a) for costs, and in default of immediate payment, to be imprisoned in the

, (and there kept to hard labour], for the space of calendar months (6), unless the said sums shall be sooner paid; and I direct that the said sue of [201.] shall be paid to A. I. (c), of -- aforesaid, in which the said offence seas committed, to be by him applied according to the directions of the statute in that case made and provided : and I order that the said sum of shillings for costs shall be paid to — [the complainant]. Given under my hand and seal the day and year first above mentioned.

J. P. (L. s.) } To the constable of ---, and others whom this may concern. to wit. "

Whereas lately, upon a part of a deer, to wit, being by virtue of a search warrant found upon the possession (or, “the premises"] of one C. D., at — , in the county aforesaid, and the said C. D. being thereupon brought before me, J. P., one of her Majesty's justices of the peace for the county aforesaid, I was informed and given to use derstand that E. F., of — , in the county aforesaid, slabourer), had had possession thereof, [“ the person from whom the same shall have been first received, or sho shall have had possession thereof"). These are, therefore, to require you forthwith to summon the said E. F. to appear before me, at in the said county, on fc., a the hour of, fc., o'clock in the forenoon of the same day, to answer to the said infer. mation, and to satisfy me that he hath come lawfully by the said part of the said deer, and to be further dealt with according to lau ; and be you then there to certify what you shall have done in the premises. Herein fail you not. Given under my kand and seal this day of , in the year of our Lord

J. P. (L. 8.) - Be it remembered, that on fc., at fc., E. F. is convicted before me, to wit. / J. P., one of her Majesty's justices of the peace for the said county, for that on fc., at &c., C. D., late of gc., had in his possession [or, " on his premises, at fe, and with his knowledge''] a part of a deer, to wit, — , and upon the said part being found in his possession [or, "said premises"] as aforesaid, by virtne of a searck warrant, the said C. D. was on fc., at fc., brought before me, the said justice, and was required by me to satisfy me that he came lawfully by such part of the said deer, when he then and there satisfied me he had come lawfully by the same, and he was not nor is liable to conviction under the statute in that case made and provided; and I, the said J. P., was then and there informed and given to understand that the said E. F., of fc., had had possession thereof; and thereupon 1, the said justice, then and there duly summoned the said E. F. to appear before me on fc., at fe., for the discovery of the party who actually killed or stole the said deer, to satisfy me that he 222/222\/\Â2Ò2ÂòÂēlēģ2222222222/22/2/2/2/2/2/2222ÂòÂ2Ò2ÂòÂ2ÒâẦ22titim cording to law; and also for that the said E. F., on fc., at fe., had possession of the said part of the said deer, und that the said E. F., although duly summoned by me, as such justice as aforesaid, hath not appeared before me, or satisfied me that he came lawfully by the said part of the said deer (or, " that the said E. F. now appearetk

(71). Conviction thereon (e).

(a) If time be given for payment of the penalty, &c. the form of the conviction may be the same as the above to the* and then thus (for costs: and I or. der that the said sums shall be paid by the said C. D. on or before the day of next, and in default of payment on that day to be imprisoned, &c.] Con

clude as in the above form to the end.

(6) See the 67th sect., ante, 279. c) See the 66th sect., ante, 278. (d) See, ante, 276.

(e) See ante, 276. The act prescribes the formal parts of the conviction. See it, ante, 279.

22. Forms.

before me, having been duly summoned for that purpose, but doth not satisfy me, the said J. P., that he came lawfully by the said part of the said deer"], against the form of the statute in that case made and provided ; and I, the said J. P., adjudge the said E. P. for his said offence to forfeit and pay the sum of, fc. [Conclude as in form, (No. 69), ante, 306.]

J. P. (1, s.)

- Be it remembered, that on fc., at — , in the county of C. D. is (72). Conviction to wit. S convicted before me, J. P., one of her Majesty's justices of the peace for the ou 7 & 8 Geo. 4,

c. 29, s. 28, for county aforesaid, for that he, the said C. D., on fc., at the parish of fc., in a part of setting

setting snares to a certain forest, then and there called - (), (see ante, 295, n. (a)), there take deer (a). situate, unlawfully and wilfully did set (or, “use") a certain snare, [or, "engine,”'] called a — for the purpose of taking (or,'' killing"] deer, against the form of the statute in that case made and provided ; and I, the said J. P., adjudge the said C. D. for his said offence to forfeit and pay the sum of [201.], and also to pay the sum of - såillings* (c) for costs, and in default of immediate payment, to be imprisoned in the '(d), (and there kept to hard labour], for the space of calendar months (C), unless the said sums shall be sooner paid ; and I direct that the said sum of [202] shall be paid to A. I. (g), of , one of the overseers of the poor of the parish of , aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided ; and I order that the said sum of shillings for costs shall be paid to - , [the complainant). Given under my hand and seal the day and year first above mentioned.

J. P. (L. S.)

- Be it remembered, that on fc., at fc., C. D., late of fc., is convicted (73). Conviction to wit. before me J. P., one of her Majesty's justices of the peace for the county on same section

for pulling down aforesaid, for that he the said C. D. on fc., at the parish of fc., a part, to wit, park Tences, &c. troerty feet of the fence of certain land then and there called , then in the occupation of one A. B. (see ante, 295, n. (a)), there situate, wherein deer were then and at the time of the destruction hereafter mentioned of the said part of this said fence kept, unlawfully and wilfully did destroy, against the form of the statule in that case made and provided : and I the said J. P. do therefore adjudge the said C. D. for his said offence to forfeit and pay, fc., (as in last precedent to the end).

[Commencement as usual, ante, p. 15. The statement of offence in this case 174). Commitment may easily be framed from the next form.] - And you the said keeper, &c. (as usual on 8 Geo. 4,

c. 29, s. 29, for as ante, 15, to the end.] (See, as to commitments in general, ante, tit. " Commit. assaulting, &c. a meni," Vol. I.

deer-keeper (h).

- The jurors for our Lady the Queen upon their oath present, that A. O., (75). Indictment fa wit.) late of the parish of - in the county of — [labourer], on the

for a like of

fence (h). day of — , in the year of the reign of our sovereign Lady the now Queen Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, into certaia inclosed land [or, “ into a certain inclosed" or, "uninclosed" "forest," "chase," or, "purlieu"), then and there called , then in the occupation of , and there situate (i), wherein deer had been and then were usually kept, unlawfully did enter with intent then and there and in the said inclosed land (according to the fact] unlawfully and feluniously (k) to hunt (1) deer; and that T. T. then, and at

(@) See preceding page, n.(e). on that day to be imprisoned, &c.] Con(6) The words of the enactment are, clude as in the above form to the end. in any part of any forest, chase, or (d) The house of correction, or county purlieu, whether such part be inclosed gaol for the county where the offence or not; or in any fence or bank dividing was committed. (See ante, 279.) the same from any land adjoining; or (e) See the 67th sect., ante, 279, tit. in any inclosed land where deer shall “Larceny." be usually kept." (See ante, 276.) (g) See the 66th sect., ante, 278. Let the conviction agree with the cir. (h) See the enactment, ante, 276. cumstances of the case.

(i) See ante, 295, n. (a) (c) If time be given for payment of (k) If the defendant entered into a the penalty, &c. the form of the con- forest, chase, or purlieu not inclosed, viction may be the same as the above to omit the word feloniously." tbe* and then thus (for costs; and I or- (1) The words of the act are, “hunt, der that the said sums shall be paid by course, wound, kill, snare, or carry the said C. D. on or before the day away any deer.” (See ante, 276). The of — next; and in default of payment indictment should agree with the fact.

22. Forms.

the time of the demand hereafter mentioned, and there being a person intrusted with the care of the said deer (a) then there being, and then in the said inclosed land being (as the case may be) then and there and in the said inclosed land (according to the fact], after the said A. O. had so entered into the said inclosed land (as the case may be] as aforesaid, and whilst he the said A. 0. was and remained in the said inclosed land (as the case may be), which he had so entered for the pur. pose aforesaid, did lawfully and duly demand of and from the said A. O. a certain gun (6) which he the said A. O. then, and at the time of the said demand, and there, and in the said inclosed land (w chase," 8-c., according to the fact], had in his possession (c), and did then and there and in the said inclosed land (according to the fact (d)], the said A. O. failing to deliver up after such demand as aforesaid the said gun ["dog," fc., according to the fact], and altogether refusing so to do, attempt to seize and take the said gun (“dog," fc., according to the fact] for the use of the said 4. B., then the owner of the said deer, as he lawfully might for the cause aforesaid; and that the said A. o. then and there and in the said inclosed land [according to the fact], with force and arms, in and upon the said T. T., then and there, and at the time of the beating (or, “wounding "] neat hereafter mentioned, being a persen intrusted with the care of the said deer within the said inclosed lands [according to the fact] as aforesaid, and then and there, and at the time of the beating (or," wounding "] next hereafter mentioned, being in the due execution of his duty as aforesaid, and of the powers given to him in that behalf by the statute in that case made and provided, unlawfully and feloniously did make an assault, and him the said T. T. unlawfully and feloniously did beat (or, “wound"], against the form of the statute in such case made and provided, and against the peace of our said Lady the Queti, her crown and dignity. [2nd count.] And the jurors aforesaid, upon their oatk aforesaid, do further present, that the said A. O., on the day oforesaid, and year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, is and upon the said T. T., the said T. T. then and there, and at the time of the assaul and beating (or," wounding"] hereafler mentioned, being a person intrusted with the care of deer in certain other inclosed land [according to the fact], then and there called - then and there in the occupation of , and there situate, wherein deer had been and then were usually kept, and then and there, and at the time of the said assault and beating (or, "wounding"], being in the due execution of the powers giren to him in that behalf by an act of Parliament made and passed in the eighth year of the reign of his late Majesty King George the Fourth, intituled An act for consolidating and amending the laws in England relative to larcery and other offences cote nected therewith," unlawfully and feloniously did make an assault, and him the said T. T. then and there unlawfully and feloniously did beat (or, " wound"]; against the form of the statute in such case made and provided, and against the peace of our sard Lady the Queen, her crown and dignity.

(76). Commitment
on 7 & 8 Geo. 4,
c. 29, s. 30, for
killing, &c. hares
or conies in the
night-time (e).

FORMS RELATING TO HARE OR CONEY STEALING. [Commencement as usual, as ante, p. 15.] on fc., in the night-time, to eit, about the hour of eleven o'clock in the night of the same day, at fc., in a certain war.. ren [or, "ground] of A. B., then and there called and there situate, then and at the time of the killing (or, " taking] hereafter mentioned of the conies (or, "hares] lastly hereafter mentioned, lawfully used for the breeding (or, " keeping") of conies (or, " hares] five conies (or, hares"], then and there in the said warren and ground unlawfully and wilfully did take [or, kill"], against the form of the statute in that case made und provided. And you the said keeper, fc. [As usual, as ante, 15, to the end.]

(a) “Every person intrusted with the
care of such deer, and for any of his as-
sistants, whether in his presence or not,"
are the words of the act. (See ante,
276). This averment should be stated
according to the fact.

(6) The words of the act are, “gun,
firearms, snare, or engine in his pos-
session, and any dog there brought for
hunting, coursing, or killing deer."
(See anle, 276). Let this averment

agree with the fact.

(c) If it was a dog that was demanded here, instead of stating had in his possession," state, "brought for kunting," "coursing," or, " killing deer," [according to the fact].

(d) See ante, 276, as to seizing the gun, &c. in some other place, upon pursuit made.

(e) See ante, 277.

- The jurors for our Lady the Queen upon their oath present, that C. D., 22. Forms. to scit.) late of the parish of in the county of [labourer), on the

(77). Indictment day of — in the year of the reign of our Lady the now Queen Victoria, in for like offence. the right-time, that is to say, about the hour of eleven o'clock in the night of the said day, at the parish aforesaid, in the county aforesaid, in a certain warren [or, "ground"] of A. B., then and there called — (a), and there situate, then and at the time of the taking (or, " killing "] hereafter mentioned of the conies (or, ** hares"] lastly kereafter mentioned, laufully used for the breeding (or, " keeping"] of conies (or," hares"] two conies [or, “hares"] then and there being found then and There is the said warren [or, "ground,"] unlawfully and wilfully did take [or, * kill"), against the form af the statule in such case made and provided, and against the peace of our said Lady the Queen, her crown and dignity. [Add other counts as the ease may suggest.]

- Be it remembered, that on fc., at , in the county of — , C. D. is (81). Conviction to vit. ) convicted before me, J. P., one of her Majesty's justices of the peace for the on 7 & 8 Geo. 4, said county, for that he the said C. D., on fc., in the day-time of the said day, to taking hares or tit, about the hour of [sis] of the clock in the morning of the same day, at 8c., in a conies in breeding

grounds in the certain warren (or, ground"] then in the occupation of one A. B., ihen and there cou

ere day time (b). called (), and there situate, then and at the time of the taking [or, " killing "] hereafter mentioned of the conies [or, hares"] lastly hereafter mentioned, lawfully used for the breeding (or, " keeping"] of conies (or, hares "] five conies [or, hares"] then and there being found then and there and in the said warren [or, "ground,"1 unlawfully and wilfully did take [or, kill] against the form of the statute in that case made and provided. And I, the said J. P., adjudge the said C. D. for his said efence, to forfeit and pay the sum of - pounds, and also to pay the sum of shillings * (3) for costs, and in default of immediate payment to be imprisoned in the house of correction (or, “ county gaol] of the said county, and there kept to hard labour for the space of calendar months, unless the said sums shall be sooner paid : and 1 direct that the said sum of pounds shall be paid (d) to E. F., one of the overseets of the poor of the said parish of , in which the said offence was committed, to be by kim applied according to the directions of the statute in that case made and provided : and I order that the sum of shillings for costs be paid to the complainant). Given under my hand and seal the day and year first above mentioned.

J. P. (L. s.)

[The commencement may be framed from the preceding form (No. 78)-unlaw- (82). The like, for fully and soilfully did set a snare for the taking of conies, for the purpose and with setting snares for the intent to take conies in the said warren [or, "ground,"] against the form of the conies in warrens

taking hares or stalate in that case made and provided; and I, the said J. P., do therefore adjudge, or breeding &c. (as in the last form to the end).

grounds.

FORMS RELATING TO PIGEONS. - Be it remembered, that on fc., at — , in the county of C. D. is (83). Conviction on to wit. convicted before me J. P., esquire, one of her Majesty's justices of the peace 7 & ? Geo.4, c. 29,

s. 33, for killing for the said county, for that he the said C. D., on &c., at fc., one house-pigeon, of a house-pigeon" (e). the value of sixpence), then the property of A. B., of 8c., then and there being found, wlaufully and wilfully, but not feloniously, did kill [" woundor, "take"] against the form of the statute in that case made and provided. And I, the said J.P., adjudge the said C. D. for his said offence, lo forfeit and pay the sum of (two) pounds, over and above the value of the said pigeon so killed and taken as aforesaid, and the further sum of (sir pence], being the value of the said pigeon, and also to pay the sum of shillings *(?) fur costs; and in default of immediate payment of the said sums, to be imprisoned in the — (and there kept to hard labour] for the space of (h) calen(a) See ante, 295, n. (a).

(9) If time be given for payment of b) See the exactment, ante, 277. the penalty, &c., the form of the conThe act prescribes the formal parts of viction may be the same as the above, the conviction. (See it, ante, 279.) to the*, and then thus (for costs; and I

(c) Give the warren or ground some order that the said sums shall be paid by description. (See ante, 295, n. (a). the said C. D. on or before the day

(d) See to whom the penalty is to be of neat; and in default of payment paid, ante, 278.

on that day to be imprisoned, fc.] Con(e) See the enactment, ante, 281. clude as in the above form to the end. The statute prescribes the formal parts (h) See the 67th sect., ante, 279. of the conviction. (See it, ante, 279).

dar months, unless the said sums be sooner paid; and I direct that the said sas of [two) pounds shall be paid to A. J., of aforesaid, in which the said offence was commilled, to be by him applied according to the directions of the statute in that case made and provided, and that the said sum of (sixpence] shall be paid to the said 4. B., [or, if he have been examined in proof of the offence, then thus:“ also to the said A. J., A. B. the owner of the said pigeon, having been examined in proof of the offence aforesaid ;') and I order that the said sum of shillings for costs skall be paid to the complainant]. Given under my hand and seal the day and year first above mentioned.

J. P. (l.s.)

Fruit and Fruit Trees. See Wood,Vol. VI.; Stealing of,

see Larceny,Vol. III.; Malicious Injuries to, see "Malicious Injuries to Property,Vol. V. pp. 37, 39.

Fuller's Earth. See Woollen Manufacture,Vol. VI.

Funds, Forgery relating to, seeForgery,Vol. III. p. 131; Con

spiracy to raise Price of, see ante, Vol. I.; Larceny of Stock, see Larceny,Vol. III.

Funerals.

IT is a vulgar error, prevalent among the lower classes, that when once a funeral procession with a corpse passes over another's land, it creates a right of way. Such a notion is absurdly erroneous, and frequently tends to a breach of good feeling and decency.

As to when funerals are exempt from tolls, see “ Highways, Turapike," Vol. III.

As to the illegality of arresting a dead body, see tit.“ Bodies," Vol. I. p. 414,

Furious Driving.

THE law, as to how far death occasioned by furious or negligent driving of carriages amounts to manslaughter or murder, will be found, post, tit.“ Homicide." See 2 & 3 Will. IV, c. 120, s. 48, imposing a penalty on drivers of stage coaches for injuries to passengers occasioned by furious driving, post, Stage Coaches," Vol. V. See also the Metropolitan Hackney Coach Act, imposing a penalty on drivers of hackney coaches, cabs, and public carriages for furious driving, post,Hackney Coaches;" also the provisions in the Metropolitan Police Act, (2 & 3 Vict. c. 47, s. 54), imposing a penalty on any person for riding or driving furiously to the danger of passengers, post, Police," Vol. V.; also the provisions in the General Highway Act, (5 & 6 Will. IV. c. 60, s. 78), imposing a penalty against furious riding or driving on highways, post, tit. “ Highways in General.

Furze, Burning it in Forests, see " Burning,Vol. I.

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