8. 4. Returns of for feitures return ed to clerk of the peace. s. 5. sures, in the execution of his office; or if any person selling or retailing by measure, shall refuse to produce his or her measures in order to be viewed, &c. such offender shall, for every such offence, on being duly convicted on oath before any one justice of the peace or more, forfeit any sum not exceeding £5. nor less than 40s. as the justice, &c. before whom any such offender shall be convicted, shall adjudge; and such forfeiture shall be levied in the manner herein-before directed. By s. 4. on the convicForfeitures how tion of any offender against this act, the justice, &c. before applied. whom such conviction shall take place, shall cause the amount of the forfeiture which shall be levied or paid, to be applied towards the expenses of carrying this act into execution, and the residue, (if any) to be paid to the treasurer of the county, &c. on account of the public stock thereof; and the said justices shall prepare, or cause to be prepared, returns of the forfeitures levied by them in pursuance of this act, and shall transmit such returns signed by them to the clerk of the peace, at every general quarter sessions of the peace. By s. 5. it shall be lawful for the Such inspectors justices, at their general quarter sessions, to allow to such persons as shall be appointed to examine measures under this act, a reasonable recompense for their trouble in the execution of said office, to be paid out of the general rate or stock of such county, &c. And this act provides (s. 6.) that the said justices shall, as soon after the passing of this sures to be pur- act as convenient, purchase for the use of their respective posited with the counties, &c. out of the general rate or stock of such several clerks of county, &c. proper measures, duly marked according to the peace. the standard in the exchequer ; which shall be deposited either with the respective clerks of the peace, or with some other proper person, in such safe and convenient place within the respective limits as the said justices shall direct; and shall be produced by such persons, upon reasonable notice, at such time and place as any person shall by writ ing under his hand require; the person so requiring the production of said measures paying the reasonable costs and charges of producing the same. Provided (s. 7.) that Majority of in- if the majority of the inhabitants of any parish, township, or place, should be desirous that any person shall be speci of measures how recompensed. 5, 6. Proper mea chased and de S.. habitants may ally measures. s. 8, Proper measures to be previously procur ally appointed to examine the measures within such parish, nominate householders to be aptownship, or place, it shall be lawful for such inhabitants pointed by jus(at a vestry to be duly holden for that purpose,) to nomi- tices to examine nate 5 or more substantial householders, to be appointed by the said justices at their respective petty sessions for the division or district wherein such parish, &c. shall lie, which persons so appointed shall have the same powers, &c. within such parish, &c. as are vested in the persons appointed for any district, &c. Provided also (s. 8.) that no appointment for such parish, &c. shall be made until the inhabitants thereof shall have procured the proper measures, duly marked according to the standard in the ex- ed. chequer, for the use of such parish, &c. to be deposited in the custody of the persons to be appointed as last mentioned; and it shall be lawful for said justices, in their respective petty sessions, to order the costs and charges of Costs, &c. paid procuring such measures, and the recompense to be al- out of poor rate. lowed to such persons for their time and trouble in the execution of such office, within such parish, &c. to be paid out of the rate made for the relief of the poor within such parish, &c. By s. 9. no proceedings touching the conviction of any offender against this act, shall be removed by to be removed b certiorari, or other writ or process, into any court of record certiorari, &c. at Westminster. And by s. 10. convictions under this act are required to be made out in the following form, or in words to that effect: "Be it remembered, that on the day of in the year of our lord petty session holden at for at a before us A. B. and C. D. justices of the peace acting in and for the said E. F. of in the said was duly con"victed before us the said justices, for that he the said "E. F. on the at day of in the said now last past, contrary to the form "of the statute in that case made and provided, [here state of lawful "money of Great Britain, to be applied as the law directs; " and the further sum of of like lawful money, s 9. Convictions not s. 10. Form of convictions. s. 11. Conviction under this act a bar to other prosecutions. s. 12. Proviso as to "for the reasonable costs and charges attending this person convicted of an offence under this act, and who shall suffer for the same, shall not be otherwise punished for such offence by any other law or statute: By s. 12. this act shall not lessen or prevent the authority which any corporations,&c. person or body corporate, or any person appointed at any court leet for any hundred or manor, may have for the examining, regulating, seizing, breaking or destroying any measures, within their respective jurisdictions. And it is provided (s. 13.) that no person shall be prosecuted for any Limitation for offence against this act, unless information thereof upon oath shall have been given to some justice of the peace, within six weeks after the offence committed. or persons appointed at courts leet to examine measures. s. 13, prosecutions under this act. No brewer shall darkening the or beer; or have, ses, &c. as a substitute for malt or hops. 56 Geo. 3. c. s. 2. G.B. 58' Of Offences against the Public Health, and the P. 748. l. 27. The 56 Geo. 3. c. 58. G.B. provides (s. 2.) have, make, or that no brewer of or dealer in, or retailer of beer, shall reuse, &c. any liquor, &c. for ceive or take into, or have in his custody or possession, or colour of worts make, or use, or mix with, or put into any worts or beer, fc, any molas- any liquor, extract, calx, or other material or preparation for darkening the colour of worts or beer, or such as has been heretofore, or shall be hereafter used for or in such darkening, &c. other than brown malt, ground or unground, as commonly used in brewing; or shall receive or take into, or have in his custody, &c. or use or mix with, or put into worts or beer, any molasses, honey, liquorice, vitriol, quassia, coculus Indiæ, grains of paradise, Guinea pepper or opium, or any preparation of molasses, &c. or any article or preparation whatsoever, for or as a substitute for malt or hops; upon pain of forfeiture of all such liquor, and preparation as aforesaid, and also the said worts and beer, s. 3, No druggist, such colouring beer, together with the casks, vessels, or other packages containing the same, which shall and may be seized by any officer of excise; and such offender shall forfeit £200. And by s. 3. no druggist, or vender of or dealer in drugs, or chymist, or other person, shall sell, send or deliver, or cause, procure, permit or suffer to be sold, &c. to any licensed brewer of, or dealer in, or retailer of beer, knowing him to be so licensed or to be reputed to be so licensed, or malt or hops, shall sell, &c. or cause to be sold, &c. to any other person for or on account of, or in trust for, or to the use of any such brewer, &c. any liquor called or known by the name or description of or sold as colouring, from whatever materials the same may have been made, or any other material or preparation other than unground brown mait, for the purpose of darkening the colour of worts or beer, or any liquor or preparation such as has been heretofore or shall hereafter be made use of for or in the darkening of the colour of worts or beer, or any molasses, &c. or any article or preparation to be used in worts or beer, for or as a substitute for malt or hops; upon pain of forfeiting all such liquor, and material or preparation for the purposes afore- Penalty. said, and the same shall and may be seized by any officer of excise, and such druggist, &c. or other person so offending, shall forfeit £500. And by s. 4. all fines, penalties and forfeitures imposed by this act, shall be sued for, re- recovered. covered, levied or mitigated, by such ways, &c. as any fine, &c. may be sued for, &c. by any of the laws of excise, or by action of debt, &c. in any court of record at Westminster, or in the court of exchequer in Scotland; one moiety to the king, and the other to him who shall inform, discover, or sue for the same. S. 4. Penalties how wandering sol P. 753. l. 18. The 39 Eliz. c. 17. Eng. here stated, by Act against which idle and wandering soldiers were liable to be pro- diers,&c. repealsecuted as felons, is repealed by the 52 Geo. 3. c. 31. perpe ed. 52 Geo.3. c.31. recovery of penalties for burn P. 763. I. 11. The 54 Geo. 3. c. 115. I. recites the In suits for the 17 Geo. 2. c. 10. Ir. which was amended and made tual by the 1 Geo. 3. c. 17. Ir. and that difficulties and in-ing land, by conveniences have occurred and may occur in suits insti- it shall be suffici tuted by the devisees of any lessors in suing for the pe- ent proof of ti nalties under the 17 Geo. 2. c. 10. and the several acts tiff has received VOL. II. 3 F amending devisee of lessor, tle, that plain the rent for one amending the same, from the necessity of producing the year after death wills under which the titles of such devisees are derived, of lessor, &c. 1. 54 Geo.3.c.115. and witnesses to prove the same; and like difficulties have occurred and may occur to persons entitled to the rent reserved, or to the reversion or remainder expectant on any lease or demise, from the necessity of producing the title deeds or settlements under which their titles are derived, and witnesses to prove the same; and therefore enacts, that in every suit for the recovery of the penalty for burning land under said acts, or any of them, it shall be deemed sufficient proof of title in the plaintiff, if it shall be duly proved on his behalf, that he has, for one year at least after the death of the lessor or other person next after whom he claims to be entitled, received the rent reserved in the lease or demise under which the lands are held, in respect of which such suit shall be brought, anless the defendant shall prove that the title to the rent and reversion expectant on such lease, &c. is in some other person than the plaintiff. Persons found intent to take or 57 Geo.3. c.90. G, B. P. 771. l. 35. The 57 Geo. 3. c. 90. G. B. recites, that in the night time idle and disorderly persons frequently go armed in the within any forest, &c. with night-time for the purpose of protecting themselves, and kill game, &c. of assisting each other in the illegal destruction of game or how punished. rabbits, and that such practices are found by experience to lead to the commission of felonies and murders; and therefore enacts, that if any person having entered into any forest, chase, park, wood, plantation, close, or other open or enclosed ground, with intent illegally to destroy, take, or kill game or rabbits, or with intent to aid, abet, and assist any person illegally to destroy, &c. game or rabbits, shall be found at night, that is to say, between the hours of 6 in the evening and 7 in the morning from the first day of October to the first day of February, between 7 in the evening and 5 in the morning from the first day of February to the first day of April, and between 9 in the evening and 4 in the morning for the remainder of the year, armed with any gun, cross-bow, fire arms, bludgeon, or any other offensive weapon, every such offender shall be adjudged guilty of a misdemeanor, and sentenced to transportation for 7 years, or shall receive such other punishment |