alleged, and thereupon then and there give judgment and sentence, as in and by the statute in that case made and provided is directed. And I do hereby authorize and require any officer of excise to serve this summons, and to attend at the time and place in that behalf before mentioned, then and there to make a return of the execution hereof. Given under my hand, at [Chelmsford], in the said county, this [first] day of [January], in the year of our Lord [1830]. III. Proceed ings, &c. E. Summons upon an information before one justice for the condemnation of British spirits, with packages, carriage, and cattle, and the recovery of the optional penalty of 100l., applicable to England. County of [Essex], to wit. To C. D. } You are hereby to take notice, that A. B., officer of excise, hath, 5. Summons for on the day of the date of this summons, at [Chelmsford], in the condemnation of British spirits, county of [Essex), exhibited, by order of the commissioners of excise, to and before me, with packages, E. F., Esq., one of his majesty's justices of the peace for the said county of [Essex], &c., and recovery wherein the offence hereinafter mentioned was committed, and where the goods, commo- of optional pedities, and chattels hereinafter mentioned were seized, an information against you for nalty of 1004. the forfeiture of certain goods, commodities, and chattels; that is to say, a certain large quantity, to wit, [twenty gallons of British spirits], contained in divers packages, to wit, [four bottles], and a certain carriage, to wit, [a cart], and certain cattle, to wit, [one mule], used in the removal of the said spirits, and also the sum of [1001.]; and thereby informeth me that, within four calendar months last past, to wit, on the [tenth] day of [January], in the year of our Lord [1831], at [Chelmsford], in the said county of [Essex], one J. W., being then and there an officer of excise, did seize and arrest, as forfeited from you, the said C. D., the said spirits, contained in the said packages, and the said carriage and cattle, then and there used in the removal of the said spirits; the same spirits, for that you, the said C. D., then and there knowingly had in your custody and possession the said spirits, after the same had been removed from the place where the same ought to have been charged with the duty payable in respect thereof, before either the duty to which the same was liable had been charged and paid, or secured to be paid, or such spirits had been lawfully condemned as for feited; the said packages, for that the same then and there contained the said spirits so forfeited, as aforesaid; and the said carriage and cattle, for that the same were then and there used in the removal thereof, contrary to the form of the statute in that case made and provided; whereby, and by force of the statute in that case made and provided, the said spirits then and there became forfeited, together with the said packages containing the same, and the said carriage and cattle then and there used in the removal thereof: and you, the said C. D., being the person so offending, have forfeited and lost the said sum of [1001.], the said A. B., who sues as aforesaid, having elected and thereby electing the said penalty of [1001.], in lieu and instead of treble the value of such spirits; and you will further take notice, that I have appointed that all parties shall be heard of and concerning the matter and matters of fact in the said information mentioned and alleged, on the [tenth] day of [February] now instant, at [eleven] of the clock in the [forenoon] of the said day, at the house of W. R., being an inn and public-house known by the sign of the [Bell], at [Chelmsford], in the said county of [Essex]; at which time and place you are hereby required to be and appear before such of his majesty's justices of the peace for the said county as shall be then and there present, and have jurisdiction to hear and determine the same, then and there to make your defence in and to the matters contained in the said information; but, though you fail therein, the said last-mentioned justices (at the time and place in that behalf before mentioned) will proceed to the examination of the matter and matters of fact in the said information mentioned and alleged, and thereupon then and there give judgment and sentence, as in and by the statute in that case made and provided is directed; and I do hereby authorize and require any officer of excise to serve this summons, and to attend at the time and place in that behalf before mentioned, then and there to make a return of the execution hereof. Given under my hand, at [Chelmsford], in the said county of [Essex], this [first] day of [February], in the year of our Lord [1830]. III. Proceed ings, &c. 6. Notice of hearing affixed on outside of ex cise office next to place of seizure. F. Form of notice of hearing of information to be affixed on the outside of the excise-office next to the place of seizure, when seizure not claimed. («) To all whom it may concern. County of [Essex], Take notice, that A. B., officer of excise, having seized, on the } Take notice, that Antary instanci, al (Chelmsford, in the recovery of double the value of duties. G. Form of summons on information before one justice, for recovery of double the value of duties neglected to be paid. (b) to wit. To. C. D. 7. Summons for County of [Essex], You are hereby to take notice, that A. B., officer of excise, Shaving, on the day of the date of this summons, exhibited to and before me, E. F., Esq., one of his majesty's justices of the peace for the county of [Essex], at [Chelmsford], in the said county, an information, by order of the commis sioners of excise, against you, for the forfeiture of a certain large sum of money, to wit, the sum of [1001.], the same being double the value of certain duties of excise charged upon and incurred by you, for that you, being, before and at and after the several times, and at the place, in that behalf hereinafter mentioned, a [maltster and maker of malt], did, within [four months] last past, that is to say, between the [first] day of [September] now last past, and the [twentieth] day of [October] then next following, to wit, at [Chelmsford], in the said county of [Essex], make divers, that is to say, [ten thousand] bushels of malt, chargeable with certain duties of excise, payable to his said majesty, by the statutes in that case made and provided; and the same having been charged upon and incurred by you, you thereby became indebted to his said majesty in the sum of [501. 2s. 8d.]; which (having been demanded), according to the directions of the statute in that case made and provided, you ought, before the (a) See the 7 & 8 Geo. IV. c. 53, s. 66, ante, 287. 1st. The officer of excise by whom the seizure was made must cause this notice to be affixed on some conspicuous part of the outside of the office of excise, next or nearest to the place where such seizure was made, during any market-day after the expiration of six days from the day of seizure. And, 2nd, the time appointed in such notice for the hearing of the case must not be less than nine days from the date of such notice, which should be affixed the day it is dated. If it is doubtful which of two market-towns is the next to the place of seizure, it will be prudent to request the justice to sign three notices, and to affix one on the outside of the excise office in each of such towns, and, making a memorandum thereof on the third, keep it to produce and prove at the hearing when the others were affixed. If there is no such doubt, the justice need only be requested to sign two such notices: one to affix, and one to keep to produce at the bearing, and prove when the other was affixed. If any one at the bearing claims the goods, he must, of course, be heard; and, if he tenders any witnesses, they, as well as the witnesses for the crown, must be examined. (b) See the 7 & 8 Geo. IV. c. 53, s. 66, ante, 287, as to time and mode of service. day of exhibiting the said information, to have paid and cleared off; but you have omitted and neglected so to do, contrary to the form of the statute in that case made and provided, whereby, and by force of the statute in that case made and provided, you have forfeited double the value of the said duties; that is to say, the said sum of [1001.] I have appointed that all parties shall be heard of and concerning the matter and matters of fact in the said information mentioned and alleged, on the [tenth] day of [January] now instant, at [eleven] of the clock in the [forenoon] of the said day, at the house of W. R., being an inn and public-house known by the sign of the [Bell], at [Chelmsford], in the said county of [Essex]; at which time and place you are hereby required to be and appear before such of his majesty's justices of the peace for the said county as shall be then and there present, and have jurisdiction to hear and determine the same, then and there to make your defence in and to the matters contained in the said information; but, though you fail therein, the said last-mentioned justices (at the time and place in that behalf before mentioned) will proceed to the examination of the matter and matters of fact in the said information mentioned and alleged, and thereupon then and there give judgment or sentence, as in and by the statute in such case made and provided is directed; and I do hereby authorize and require any officer of excise to serve this summons, and to attend at the time and place in that behalf before mentioned, then and there to make a return of the execution hereof. Given under my hand, at [Chelmsford], in the said county of [Essex], this [first] day of [January], in the year of our Lord [1830]. H. Summons or subpoena for the attendance of witnesses, to give evidence before justices of the peace. (a) County of [Essex], to wit. To I. K. III. Proceed ings, &c. witnesses. You are hereby required by me, E. F., Esq., one of his majesty's 8. Subpoena for justices of the peace for the county of [Essex], personally to attendance of be and appear, on the [tenth] day of [January] now instant, at [eleven] of the clock in the [forenoon] of the same day, at the house of W. R., being an inn and publichouse known by the sign of the [Bell], at [Chelmsford], in the said county of [Essex}, before such of his majesty's justices of the peace for the said county of [Essex], having jurisdiction in the matter, as shall be then and there present, and who will then and there hear, adjudge, and determine, a certain information there depending, exhibited, under a certain act of Parliament relating to the revenue of excise, by A. B., officer of excise, who sues, as well for his said majesty as for himself, against C. D., then and there to give evidence, and then and there to testify the truth according to your knowledge of any facts alleged in such information, or touching or relating thereto; but if you fail therein, you, by the statute in that case made and provided, will forfeit [501] Dated at [Chelmsford], in the said county of [Essex], this [first] day of [January], in the year of our Lord [1830]. No. III.-CONVICTIONS. A. Formal parts of conviction, as given by the 3 Geo. IV. c. 23. (b) County [or as the case may be] of Be it remembered, that on the at A. B., of day of in the 1. Conviction, under 3 Geo. 4, c. 23. [labourer], [or as the case may be], personally came before us, C. D. and day of at , on the in the said county, did [here set forth the fact for which the information is laid], contrary to the form of the statute in such case made and provided; whereupon the said G. H., after being duly summoned to answer the said charge, appeared before us, the said jus (a) 7 & 8 Geo. IV. c. 53, s. 74, ante, 290. (b) As to forms and requisites of convictions, see ante, 695; and see other › at III. Proceed- tices, on the day of in the said county, and, ings, &c. having heard the charge contained in the said information, declared he was not guilty of the said offence [or, as the case may happen to be, did not appear before us, &c., pursuant to the said summons], [or, did neglect and refuse to make any defence against the said charge]: whereupon we, &c., [or, nevertheless, we, the said justices, did proceed to examine into the truth of the charge contained in the said information, and on the day of aforesaid, at the parish of aforesaid, one credible witness, to wit, A. W., of , in the county of upon his oath, deposeth and saith [if G. H. be present, say, in the presence and hearing of the said G. H.], that, within three months [or as the case may be] next before the said information was made before us, the said justice, by the said A. B., to wit, on the day of in the year the said G. H., at in the said county of [here state the evidence, and as nearly as possible in the words used by the witness, and, if more than one witness be examined, state the evidence given by each; or, if the defendant confess, instead of stating the evidence, say] and the said G. H. acknowledged and voluntarily confessed the same to be true: therefore it manifestly appearing to us, that he, the said G.H., is guilty of the offence charged upon him in the said information, we do hereby convict him of the offence aforesaid, and do declare and adjudge that he, the said G. H., hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, to be distributed [or, paid, as the case may be] according to the form of the statute in that case made and provided. Given under our hands and seals, the day of in the year of our Lord 1 C. D. (L. S.) to wit. B. Form of conviction, or rather minutes of conviction, of several offenders for distinct offences. (a) (a) See the observations, ante, p. 709, and form of information on the back of which this is printed, ante, p. 710. |