Conviction on 7 c. 29. s. 38. for TREES, SHRUBS, &c. STEALING. (e) S Be it remembered, that on &c. at &c. A. B. of &c. to wit. labourer, is convicted before me C. D. one of his Majesty's justices of the peace for the said county, for that he the said A. B. on &c. at &c. one ash tree of the value of two shillings, one laurel "The statute 5 Ann. c. 14. s. 2. which imposes a penalty upon any higler, chapman, innkeeper, having partridges, &c. in their possession, or who shall buy, sell, or offer to sell the same, makes no express distinction between such as are qualified by estate, and such as are not; but it was thought safer to negative all the qualifications. If, indeed, the defendant actually sold the partridges, or offered them for sale, the case would come within 28 Geo. 2. c. 92. which inflicts the penalties upon selling, whether the person be qualified or not; and in such case it will be proper to omit the whole of what is stated in the above conviction respecting the qualifications; but it was not thought proper to consider the using the partridges in the house by an innkeeper, in providing for his guests, as an actual sale of them within the latter act." Now, however, by 58 Geo. 3. c. 45. entitled, "An act for the more effectual prevention of offences connected with the unlawful destruction and sale of game," the buying game by persons of all descriptions is declared to be an offence, and punishable by conviction, as follows: "Whereas the selling, exposing, or offering to sale, any hare, pheasant, partridge, moor heath game, or grouse, is by law prohibited; and whereas it is expedient, for the more effectual prevention of offences connected with the unlawful destruction and sale of game, to provide by law as herein-after enacted:-Be it therefore enacted, &c. That if any person or persons whatsoever, whether qualified or not qualified to kill game, shall buy any hare, pheasant, partridge, moor heath game, or grouse, every such person or persons who shall so offend, and thereof shall be convicted before any one or more justice or justices of the peace, magistrate or magistrates, acting for the county, riding, city, town, borough, division, or place where such offence shall be committed, by the oath of one or more credible witness or witnesses, shall, for every hare, pheasant, partridge, moor heath game, or grouse, so bought as aforesaid, forfeit and pay the sum of five pounds, one half to be paid to the informer, and the other to the poor of the parish where such offence shall be committed; the saine to be levied by distress and sale of the offender's goods, by warrant under the hand and seal of the justice or justices, magistrate or magistrates, before whom the offender shall be convicted, rendering the overplus of such distress and sale (if any) to the party or parties, after deducting the charge of making the same; provided that such conviction be made within six calendar months after such offence committed. "And for the better discovery of such person or persons as shall buy or sell any hare, pheasant, partridge, moor heath game, or grouse, be it further enacted by the authority aforesaid, that from and after the time of the passing of this act, any person that shall buy, sell, or offer to sell, or have unlawfully in his possession, any hare, pheasant, (e) See the provisions of 7 and 8 Geo. 4. c. 29. s. 38, 39, 40, ante, p. 143, 4, 5, 6. shrub of the value of two shillings, and one oak sapling of the value of one shilling, the property of E. F. then and there growing, unlawfully did steal, take, and carry away, against the form of the statute in that case made and provided; I, the said C. D. do therefore adjudge the said A. B. for his said offence, to forfeit and pay the sum of pounds, over and above the value of the said tree, shrub, and sapling, so stolen as aforesaid, and the further sum of five shillings, being the value of the said tree, shrub, and sapling so stolen as aforesaid, and also pay the sum of two shillings for costs, and in default of immediate payment of the said sums to be imprisoned and kept to hard labour in the county gaol (or house of correction) of the said county, for the space of calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of pounds (the fine) shall be paid to J. K. one of the overseers of the poor of the said parish of - in which the said offence was committed, to be by him applied according to the direction of the statute in that case made and provided; and that the said sum of five shillings, the value of the said tree, shrub, and sapling, so stolen as aforesaid, shall be paid to the said E. F.; and I order that the said sum of two shillings for costs shall be paid to G. H. (the complainant.) Given, &c. Be it remembered, that on &c. at &c. A. B. of &c. Conviction on to wit. labourer, is convicted before me C. D. one of his Majesty's the same section justices of the peace for the said county, for that he the said C. D. for cutting trees, on &c. at &c. one ash tree, one laurel shrub, and one oak sapling, shrubs, &c. the property of E. F. then and there growing, unlawfully did cut with intent to and damage, with intent the same then and there to steal, take, and steal. carry away, thereby then and there doing injury unto the said E. F. to the amount of five shillings, against the form of the statute in that case made and provided; I, the said C. D. do therefore adjudge the said A. B. for his said offence, to forfeit and pay the sum of pounds over and above the amount of the injury so done as aforesaid, and the further sum of five shillings, being the amount of the said injury, and also to pay the sum of two shillings for costs, and in default, &c. (further adjudication, as in the last form.) partridge, moor heath game, or grouse, and shall make discovery of any person that hath within six calendar months bought or sold any such game as aforesaid, so as any one shall be convicted of such offence by virtue of this or any other statute now in force, such discoverer shall be discharged of and from all pains, forfeitures, and penalties to which he may be and shall have become liable, before and at the time of the making such discovery, by reason of the buying or selling, or offering to sell, or having unlawfully in his possession, any such game as aforesaid, any thing in any former statute contained to the contrary notwithstanding; and shall receive the same benefit and advantage as any other informer shall be entitled to by virtue of this act, for such discovery and information; provided that nothing in this act contained shall be held or construed to discharge such discoverer of or from any pains, forfeitures, or penalties in respect whereof a prosecution shall be actually pending, or conviction or judgment shall have been had against him, at the time of making such discovery as aforesaid." The remaining clause provides that the penalties under this act may be sued for to the sole use of the prosecutor. (State the offence immediately charged, as in the preceding form, if it be damaging with intent to steal; or as in the next preceding form if it be stealing, and then proceed :)—And it is now proved before me the said C. D. that the said A. B. was heretofore, on &c. duly convicted before G. H. one of his Majesty's justices of the peace for the county of for that he the said A. B. on &c. at &c. (here state the previous offence as in the former conviction), and the said C. D. was thereupon adjudged for his said last-mentioned offence to forfeit and pay, &c. (here set out the adjudication of the former conviction ;) I, the said C. D. do therefore adjudge the said A. B. for such his said second offence, of which he is now convicted, to be imprisoned in the house of correction of the said county of and there kept to hard labour for the space of —— calendar months. Given, &c. General form of conviction given by 5 Geo. 4. c. 83. s. 17.(ƒ) 66 VAGRANCY. in the A. B. Be it remembered, that on the —— day of to wit. year of our Lord -- at in the county of is convicted before me J. P. one of his Majesty's justices of the peace in and for the said county, of being an idle and disorderly person (or a rogue and vagabond," or "an incorrigible rogue," as the case may be) within the intent and meaning of the statute made in the fifth year of the reign of his Majesty King George the Fourth, intituled "An act for the punishment of idle and disorderly persons, and rogues and vagabonds, in that part of Great Britain called England ;” that is to say, for that the said A. B. on &c. (here state the offence proved before the magistrate.) And for which said offence the said A. B. is ordered to be committed to the house of correction at there to be kept to hard labour for the space of next general or quarter sessions.") Given, &c. (or "until the (f) See the substance of the provisions of the Vagrant Act, as to the several classes of offenders, ante, p. 411. Under the former vagrant acts, the convictions were long and special; but the last act gives the above summary form, which may easily be adapted to each particular case, by observing the general rules for the statement of the offence already given. The forms, therefore, which necessarily occupied a considerable space in the last edition of this work, are now obsolete, and are consequently omitted. CHAPTER XIII. OF THE TERMINATION OF THE GENERAL QUARTER § 1. Of the Termination of the Session. 2. Of Reference to a Judge of Assize or to the Court of King's 3. Of the Removal of Proceedings by Certiorari. 4. Of Costs. 5. Of Outlawry. 6. Of Pardon. 7. Of Estreats. 8. Of Restitution. § 1. OF THE TERMINATION OF SESSIONS. to the next ALL sessions are of course terminated by the departure Termination. of the justices, the constituted authorities by whom they are holden, unless they be previously prolonged by adjournment. But such adjournment ought not to be Adjournment. beyond the time of meeting of the next quarterly session. Thus, where an indictment was found before the justices Cannot be to a for the county of Lincoln against a constable for refusing day subsequent to obey an order; and the defendant was tried, convicted, session by and had judgment given against him at a general session statute. holden the 3d day of May (which was after the Easter session began) by the adjournment of the Epiphany session; the judgment was reversed by the Court of King's Bench, because the justices cannot continue one general session to a day subsequent to the time appointed by the stat. of Hen. 5. for the holding another original session." (a) But though they may not adjourn a matter over the next original session, they may, in certain cases, adjourn it till then; and even where a statute giving an appeal to the session within a certain number of months after the cause of complaint shall arise, directs the justices at the said session to hear and determine the matters of such appeal, &c. we have seen that they have an incidental power of adjourning it to another session upon lawful cause;-of (a) The King v. Grince, 19 Vin. Abr. 358. Judgments may be altered. Cannot be reviewed by a subsequent session. May be referred to a superior authority. Reference to judge of assize. the sufficiency of which cause they are the sole judges. But where the session is adjourned, the style of it must not run "at such session held by adjournment," but the original meeting of the session ought to be set forth, and that it it was "continued from thence to such further time by adjournment." (b) It has been observed in a preceding page, that the whole session being considered as one day, the justices may alter their judgments at any time before its expiration, and may therefore make any order to annul a former order made during its continuance; (c) but this is a power to be exercised with delicacy and discretion; for if it were to be done by a fresh accession of justices in the spirit of party, or otherwise in an unbecoming manner, it would be visited by the Court of King's Bench by information against the justices who concurred in the transaction. (d) It follows necessarily, from what has been already advanced, that, as the power of the Court expires with the conclusion of its sitting, if a question be not kept open by adjournment of the session, or respite of the particular subject, it cannot be reviewed, or placed in any new situation, by any subsequent session. (e) But besides these means, by which the justices may, purely of their own authority, procrastinate their decision on all subjects, there are other modes, by means of which any particular question of legal difficulty may be referred to the opinion of a superior tribunal; as by reference of the whole case, or of some particular point, to the judge of assize; or by stating the special circumstances of a case for the consideration of the Court of King's Bench on the legal result. Besides these modes by which the Court of Quarter Sessions, of their own motion, remit matters to another tribunal, there is also the writ of certiorari, by which, at the instance of one of the parties, in various stages of the proceeding the whole matter may be withdrawn from them to the cognizance of the Court of King's Bench. § 2. OF REFERENCE TO A JUDGE OF ASSIZE OR TO THE COURT OF KING'S BENCH ON A SPECIAL CASE. A reference to the judge of assize, either of the whole case, or of some point of legal difficulty involved in it, (b) 2 Str. 832, 865. (c) 2 Salk. 666, and ante, 434. (e) 2 Salk. 477, ante, p. 434. |