Изображения страниц
PDF
EPUB

fore me W. R. esquire, one of his majesty's justices of the peace for the said county, that in the night of yesterday, [a black mare], the property of him the said was feloniously stolen, taken, and carried away from and out of the grounds of him the said aforesaid, and that he hath just cause to suspect and doth suspect that late of

:

at

labourer, did feloniously steal, take, and carry away the said [mare] These are therefore to command forthwith to apyou prehend him the said and bring him before me to answer to the said information and complaint, and to be further dealt with according to law. Herein fail not. Given under my hand and seal the in the year of

our Lord

day of

Or if the offence amount to burglary, then the warrant may be in this form:

No. 2. The like, to apprehend when the Offence amounts to Burglary.

[blocks in formation]

of in the county of

yeoman,

hath this day made information and complaint upon oath before me W. R. esquire, one of his majesty's justices of the peace for the said county, that in the night of yesterday the stable of him the said adjoining to the dwelling house aforesaid was feloniously

of him the said

at

and burglariously broken open, and [one black mare] the pro-
perty of him the said
feloniously and burglariously
stolen, taken, and carried away from thence; and that he hath
just cause to suspect and doth suspect that late of
in the county aforesaid, labourer, the said felony and
burglary did commit: These are therefore to command you
forthwith to apprehend him the said

fore me to answer to the said information
to be further dealt with according to law.
Given under my hand and seal the
of our Lord

year

and bring him beand complaint, and Herein fail day of

you not.

in the

No. 3. Conviction of a Slaughterman for not paying the Expences of Advertising Cattle supposed to be stolen, under 26 Geo. 3. c. 71. s. 35.

Be it remembered, that on this A. B. is convicted on the oath of

day of

&c.

inspector of houses

and places for slaughtering horses, for the parish of in the county of of refusing to pay the sum of being the expense of an advertisement or advertisements inserted in the Daily Advertiser, or some other public newspaper circulated in the county [as the case may be] pursuant to the directions of the statute in that case made and provided. Given under my hand and seal, this

day of

No. 4. Conviction for making a False Entry, under 26 Geo. 3. c. 71. s. 10.

and

Be it remembered, that on this day of in the year, &c. A. B. licensed for slaughtering horses, is convicted, upon the oaths of two credible witnesses, before me W. R. esquire, one of his majesty's justices of the peace for the county of , of having wilfully made, or caused to be made [as the case may be] a false entry in the book required by the statute in that case made and provided to be kept by the said whereby he [she or they] has [or have] forfeited Given under my hand and seal the day

the sum of
and year above written.

No. 5. Conviction for Lending a Slaughterhouse, under 26 Geo. 3. c. 71. s. 13.

Be it remembered, that on this

day of, &c. A. B. was convicted the oaths of two credible witnesses, before me upon W. R. esquire, one of his majesty's justices of the peace for the county of for occasionally lending a house [or place, as the case may be] for the purpose of slaughtering horses [or, as the case may be, of slaughtering cattle for other purposes than for butchers' meat,] without a licence for that purpose first obtained, according to the statute in that case made and provided. Given under my hand and seal, the day and year

above written.

No. 6. Commitment of the Keeper of a Slaughtering House for slaughtering a Horse, without giving Notice to the Inspector of Slaughter Houses,* under 26 Geo. 3. c. 71. s. 8.

[blocks in formation]

Receive into your custody the body of in the said county of

at

late of

herewith sent you, brought before me W. R. esquire, one of his majesty's justices of the peace in and for the said county, and charged before me upon the oath of inspector of the several licensed slaughterhouses and places kept or used in the parish of in the said county for the purpose of slaughtering or killing any horse, mare, or gelding, &c. not killed for butchers' meat; for that the said being a person keeping a place for the purpose of slaughtering and killing horses and other cattle, to wit, and then and there using and occupying the same for the purpose aforesaid, after the 20th of July, A. D. 1786, to wit, on the to wit, in his place, there feloniously did slaughter a certain horse [mare or gelding] for another purpose than for butchers' meat, that is to say, for sale for dogs' meat, without giving any such notice as in and by a certain act of parliament made and passed in the 26th year of the reign of his late majesty king George the third, intituled "An Act for regulating houses and other places kept for the purpose of slaughtering horses;" that is to say, without giving notice to the said the inspector afore

day of

at

said, or any other such inspector appointed for the said parish. Notice in writing of his intention to slaughter the same, six hours previous to his slaughtering the same, contrary to the form of the statute in that case made and provided, and against the peace, &c.

The like form will apply to flaying horses, &c. brought dead.

The information and warrant to apprehend may easily be drawn from the above commitment, commencing and concluding in the common form.

* The punishment for this offence (which is felony by the statute) is transportation for seven years.

102

HUE AND CRY.

HUE and Cry may be levied either by the precept of a justice of the peace, by a peace officer, or by any private man who is aware that a felony has been committed. 4 Bl. Com. 294.

2 Hale, 100. Haw. b. 6. c. 12. s. 6.

It may be raised by a warrant of a justice from his general power to apprehend. Constables, headboroughs, and other peace officers are especially bound to levy hue and cry, and they are fineable if they neglect it, and it may be made by private individuals in the absence of the constable; but any one making hue and cry, or causing it to be made, without cause, is liable to be punished as a wanton disturber of the peace. 2 Hale, 99.

When once hue and cry is commenced, those who join in it, even though it should ultimately appear that no felony has been committed, may arrest and proceed as if a felony had been committed.

If hue and cry is made against a suspected person, he may be arrested and taken to the county gaol, though he ultimately establishes his innocence, and though the crime is altogether fictitious. 2 Hale, 102.

And so where, upon a description of the offender whose name is unknown, the wrong person is apprehended by mistake, the party arresting is justified. 2 Hale, 103.

If the party suspected is actually in a house, the pursuers under hue and cry have a right to break open the outer door to secure him, on previous demand of admittance. 2 Hale, 103.

But they ought first to ascertain the fact, for if he is not found, they will be trespassers. Id. ibid. 8 B. & P. 223. 1 Marsh. 505.

They may search all suspected places which they can enter without forcing an outer door, whether they succeed or fail. 2 Hale, 103.

If the felon is not secured, an action may be supported against the hundred at the suit of the party injured, to recover the damages sustained by the robbery.

7 Jac. 1. c. 5. 13 Edw. 1. c. 3. 9 Geo. 1. c. 22. See 2 Saund. Rep. 274. 380. Tidd, 122. 5th Ed. Peake's Evidence.

No. 1. Information or Examination of a Party robbed on the Highway, either to obtain a Warrant for Hue and Cry, or proceed against the Hundred.

County of The examination of

to wit. county of

said county, the

of

taken on

oath before me W. R. esquire, one of his majesty's justices of the peace, in and for the dwelling in the hundred of

day of

[blocks in formation]

or near a place called

within the

[blocks in formation]

before the hours of

in

in the afternoon of the same day, at

to

[ocr errors]

he was assaulted on the high

by three persons, whose

way there leading from names and persons were and are unknown to him the said and by them robbed in the highway aforesaid, [of one gold watch, and three Bank of England notes for one pound each] and that he the said at the time of the said robbery committed, did not know nor doth yet know the names or persons or residence or place of resort of the said three persons who committed the same: And that he is since informed, that the said highway and place where he was so robbed as aforesaid, are in the parish of and within the hundred of

in the said county.

[ocr errors]

Taken, made and signed, the day and year above written, before

me.

No. 2. Warrant to Levy Hue and Cry of a Robbery having been committed, in another form, after Housebreakers. County of To all constables, and other his majesty's officers as well within the said county as without.

to wit.

Whereas complaint hath been made unto me by

in the county of

last, at night, being the

he was robbed of certain with some other things, as &c. cause of suspicion of one made fellow, aged about 26 years

yeoman, that upon

of

day of this instant month of linen taken out of his house And that he hath manifest [a lewd rogue, a straight or thereabouts, apparelled

« ПредыдущаяПродолжить »