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gainst him for lending his or her license to any other person or persons 12. Recovery ontrary to this act, such his or her license shall be from henceforth for- of penalties, eited and void, and he or she shall be utterly incapable of having any icense again granted to him or her to trade as aforesaid; provided Aways, that nothing herein contained shall subject to the said penalty iny servant travelling for a licensed master, with the license of such naster, and for his benefit, or any licensed master sending such servant o travel with such license.”
A hawker who gives his license to be used by his servant employed to what not an ofsell goods on his account, and he receiving the profits, is not liable to fence within act. the penalty, as for letting to hire or lending his license. (Hodgson q.t. v. Flower, 2 Campb. 290). This was an action of debt on stat. 29 Geo. III. c. 26, s. 13, to recover the penalty of 401, from the defendant for letting out to hire and lending his license to one B. W. The second count was for unlawfully lending the license. It appeared that W. was the defendant's servant, and was in the habit of going about selling coals for his master, and received 4s. 6d. a chaldron upon the coals he sold. And it was held by Lord Ellenborough, C. J., that no forfeiture was incurred by the defendant, and that an action could not be maintained against a master for sending out a servant with a license. And he cited in point Chamberlain q. t. v. Hill, (2 Campb. 292).
X. Forging Licenses. By 50 Geo. III. c. 41, s. 18, “If any person or persons whatsoever Forging or using ihall forge or counterfeit any license or licenses by this act directed to forged license.
e granted, or travel with, or produce or shew any such forged or counerteited license or licenses, for any of the purposes aforesaid, every such person shall, for every such offence, forfeit the sum of 3001., to be reovered and applied as hereinafter directed."
XI. Constables refusing to assist, &c. Sect. 21. “If any constable, headborough, or tithing-man, or other Constables refusgibicer or officers of the peace, shall refuse or neglect, upon due notice,
ing to assist. or on his or their own view to be aiding and assisting in the execution of this act, being thereunto required, and each and every such officer or officers being thereof convicted upon his confession, or by the oath of one or more credible witness or witnesses, before any justice of the peace for the county or place where the offence shall be committed, shall forfeit for each and every such offence the sum of 101., to be recovered and applied as hereafter mentioned.”
The duty of constables in seizing, &c., persons, &c., selling spirits, see tit. “ Excise," Vol. II.
XII. Penalties, Recovery and Application of-Non
attendance of W itnesses. Sect. 24, “ All pecuniary penalties which shall be incurred under this Penaltjes above act of a greater sum than 201., shall be recovered, together with costs of 201., where to be 215 in any of his Majesty's courts of record at Westminster, by action
debt, bill, plaint, or information, wherein no essoign, protection, priWege, or wager of law, or more than one imparlance shall be allowed;
13. Conviction and one moiety of every such penalty or forfeiture shall belong to bras
-general Majesty, his heirs and successors, and the other moiety thereof to the issue, &c. person or persons who shall inform or sue for the same."
Sect. 25. “In all cases where the pecuniary penalty by this act imposed 50 Geo 3. c. 41.
does not exceed the sum of 201., it shall be recoverable before one of his Penalties under 20., how to be Majesty's justices of the peace of the county, riding, shire, division, city, recovered (a).
liberty, town, or place, wherein the offence shall be committed, on pd of the offence, either by voluntary confession of the party or parties ar cused, or by the oath of one or more credible witness or witnesses, ap! one moiety of every such last-nientioned penalty shall belong to hi Majesty, his heirs and successors, and the other moiety to the informa
or informers prosecuting for the same, and, in case of nonpayment, the Distress.
said justice, by warrant under his hand and seal, shall cause the same ta be levied by distress and sale of the offender's goods and chattels, erd
the goods and chattels with which such offender shall be found trading; Overplus. and the overplus of the money raised, after deducting the penalty and
expense of the distress and sale, shall be rendered to the owner, and shal Imprisonment (6). also commit the offender to the prison of such county, shire, divisia
city, liberty, town, or place, there to remain until the said penalties, e the reasonable charges of taking the said distress, shall be levied by sa distress and sale as aforesaid, or until the same shall be paid or satiste by such offender; and it shall be lawful for any such justice of the permis by his warrant, to cause such offender to be apprehended and brought before him to answer to any charge or complaint for any such penalty,
and to commit such offender to prison as aforesaid, until the hearing of Recognizance.
such charge or complaint, unless he or she shall and do enter into a to cognizance before such (c) justice, with two sufficient su reties in s erfcient sum, to be ordered by such justice, to appear at the hearing of ski
charge or complaint.” Time of commit Sect. 26. “ No person committed to any gaol or house of correction
for any offence committed against this act, shall be detained in such gaol or house of correction, for any longer space of time than three
months.” Witnesses refusing Sect. 32. “ If any person or persons shall be summoned as a witnes to attend or to give evidence.
or witnesses, to give evidence before any justice or justices of the pract, touching any of the matters relative to this act, or the stat. 9 & 10 Will. III. c. 27, and shall neglect or refuse to appear at the time an place to be for that purpose appointed, without a reasonable excuse e such neglect or refusal, to be allowed of by such justice or justices the peace, or appearing, shall refuse to be examined upon oath, and give evidence before such justice or justices of the peace, before whom to prosecution shall be depending, that then every such person shall fortels for every such offence the sum of 101., to be recovered, levied, and pas, in such manner and by such means as are herein directed as to the one penalties."
e or of convic
Form of conviction (d).
XIII. Conviction-General Issue. Sect. 28. “ A conviction in the form or to the effect following, ** tatis mutandis, as the case shall happen to be, shall be good and etfee
Sect. 28. « A C
(a) See further the provisions of the 5 Geo. IV. c. 18, as to the enforcing payment of the penalty, ante “Distress under Justices' Warrant,” Vol. II.
(6) See ante, Vol. I. tit. “ Commit. ment in Execution."
(c) By 3 Geo. IV. c. 23, s. 2, this
recognizance may be entered into before any other justice. See “ Conviction Vol. I.
(d) As to the mode of framing come victions, when pointed out by statuts, see ante,“ Conviction," Vol. I.
15. Forms. hawkers, pedlars, and petty chapmen, or to such person or persons as
the greatest part of them shall appoint; and that every justice, his est 50 Geo. 3, c. 41.
cutors or administrators, shall, immediately on such payment made to any clerk of the peace, or other such officer, transmit a like schedule 10 the said commissioners, or to such person or persons as they, or she
greater part of them shall appoint." General ksue. Sect. 34. “ If any person or persons shall at any time or times
sued, molested, or prosecuted for any thing by him or them done or er ecuted in pursuance of this act, or of any clause, matter, or thing herein contained, such person or persons shall and may plead the general issue, and give the special matter in evidence, for his or their defence; and it, upon the trial, a verdict shall pass for the defendant or defendants; the plaintiff or plaintiffs shall become nonsuited, or judgment shall be recovered against him or them upon demurrer; or if the plaintiff
plaintiffs shall discontinue his, her, or their action; or be nonproard Treble costs.
therein; then such defendant or defendants shall have treble costs awarded to him or them against such plaintiff or plaintiffs.” But this enactment as to treble costs is materially affected by the 5 & 6 Vict4 97, s. 2, by which the defendant is entitled only to a full indemnity age.is costs).
XIV. Appeal. By 50 Geo. III. c. 41, s. 27, “If any person or persons shall find Limself, herself, or themselves aggrieved by the judgment of any such jatice, then hé, she, or they shall or may, upon entering into a recognisance with two sufficient sureties, to be approved by such justice, to the amount of the value of such penalty and forfeiture, together with 8 sum which, in the judgment of such justice, shall be adequate to the amount of the costs which may be awarded, conditioned to par : amount of such penalties, forfeitures, and costs as shall be adjudged in case such judgment shall be affirmed, appeal to the justices of the peace at the next general sessions for the county, riding, or place", at hereby empowered to summon and examine witnesses upon oath, ani finally to hear and determine the same, or, at their discretion, to state the facts especially for the determination of his Majesty's Court of King's Bench thereon; and in case the judgment of such justice shal. be affirmed, it shall be lawful for such justices, or the Court of Kings Bench, to award the person or persons to pay such costs, occasioned by such appeal, as to them shall seem meet.” (See, in general title, "off peal," ante, Vol. I.)
S county of — , who, as well for our Lady the now Queen, as før hinte!
Roman capitals, upon the most conspicuous part of thie said pack, (or as the case may be, see the words of the act, ante, 482], in which he carried his said goods, wares, and merchandize, the words “ Licensed Hawker,” together with the number, name, or mother mark or marks of distinction written or printed upon his suid license as aforetaid; contrary to the form of the statute in that case made and provided. Whereby, and by force of the same statute, the said C. D. had forfeited, for his said offence, ke sua of ten pounds; and thereupon the said A. i., who informs as well for our aid Lady the now Queen as for himself in this behalf, prayeth judgment of me the aid justice in the premises.
A. I. Ezhibited before me, the day and year first above named. J. P.
Commencement as in the preceding form. State the offence thus :)– That C. D., (2). Information Late of fe., labourer, not being then and there a person to whom a license was granted against a person
not licensed as a to travel and trade as a hawker, pedlar, and petly chapman, under or by virtue of a hawker, for havcertain act of Parliament made and passed in the fiftieth year of the reign of his late ing the words
"licensed hawk sjesty King George the Third, intituled “An Act for placing the duties of
er," &c., on his
consec tarkers and pedlars under the management of the commissioners of hackney pack, &c. (ante, Saches," and being then and there a trading person going and travelling on fooi, 482).
or, “ with a horse," or as the case is], in England, [or, * Wales," or as the case is), carrying to sell, and exposing to sale, goods, wares, and merchandize, to wit,
bere describe the goods generally), did on 8c., at fc., write, paint, and print, and cause to be written, painted, and printed, and kept and continued written, painted, and priated upon his pack, [or, as the case is, see the words of the act, cate, 482], and in which said pack, (or, as the case is), the said C. D. then and there carried his said goods, wares, and merchandize as aforesaid, the words “ Licensed Hawker," &c. ; (as the fact is] ; contrary to the form of the statute in that case rade and provided; whereby, go. Conclude as in form (No. 1), supra.]
Commencement as in form (No. 1), supra. State the offence thus :]-That (3). Information 2. D., late of fc., labourer, to wil, on fc., at fc., then and there being a hawker and against a per
for trading as a rading person going from lown to town, [or, " to other men's houses”], and travelling hawker without a a fool, [or, "with a horse,” or as the case is], in England, carrying to sell, and license, (ante, 436). "Tposing to sale, goods as a hawker and trading person, did then and there, as a lasker and trading person going from lown lo town, [or, " to other men's houses],” sell, carry to sell, and expose to sale, certain goods, wares, and merchandizes, to wit, (bere state the goods generally; there is no occasion to state the precise number or quality), without having oblained the licence (or, as the case is) in that behalf durecied and required by the statute in that case made and provided, in such manner as therein is directed, contrary to the form of the said statute ; whereby, fc. [Conelade as in form (No. 1), supra.]
Commencemeut as in form (No. 1), supra. State the offence thus:]-That (4). Information C. D., late of fe., labourer, on šc., being then a hawker, ["hawker, pedlar, petty on like act against chapman, or other trading person],” going from town to town, [or, " to other men's a
a hawker acting
contrary to his kouses "), and travelling on foot, [“ either on foot or with horse, horses, or other. license. vise"), in England, carrying to sale, and exposing to sale, divers goods, wares, and merchandizes, and a licence so to do being duly granted to him, according to the provisions of an act of Parliament made and passed in the fiftieth year of the reign of his late Majesty King George the Third, intituled “An Act for placing the duties of hawkers and pedlars under the management of the commissioners of hackney Saches," did, at &c., [here state the improper act of trading done by defendant); contrary to the licence so granted to him as aforesaid, and otherwise than was allowed by the same; and contrary to the form of the statute in such case made and proTeded. Whereby, fc. [Conclude as in form (No. 1), supra.]
Commencement as in form (No. 1), supra. State the offence thus:]- That (5). Information 50., late of fc., labourer, on fc., at fc., in the county aforesaid, being then and on like act for not
producing the e a hauker, and duly licensed as such, according to the provisions of an act of license.