cause why a writ of habeas corpus should not issue, directed to the keeper of the House of Correction at St. Augustine's, in the county of Kent, to bring up the body of one William Willmott, &c. And why, if the rule be made absolute, W. Willmott, without being brought personally before this Court, should not be discharged out of that custody as to his commitment thereto, under and by virtue of the warrant of the Superintendant, dated 6th April, 1861 or why W. Willmott, having duly entered into a recognizance to prosecute an appeal against his conviction, should not be discharged out of that custody. Notice of the rule to be given to the Superintendant, and to the solicitor to the Admiralty. The facts were these. An information under stat. 39 & 40 G. 3. c. 89. was laid before the Superintendant of Her Majesty's Dock Yard at Chatham, against the defendant, a marine store dealer at Chatham, for unlawfully having in his possession certain naval stores &c. of a value not exceeding 20s. The case was heard on 6th April, 1861, when the defendant was summarily convicted; and, in lieu of imposing a fine, the Superintendant adjudged him to be imprisoned and kept to hard labour in the House of Correction at St. Augustine's, near Canterbury, for three calendar months, to which place he was forthwith conveyed and there detained, under a warrant of commitment issued by the Superintendant. It was stated by affidavit, that the defendant was possessed at Chatham of sufficient goods and chattels whereupon to levy by distress the highest amount of fine (namely 107.) which the Superintendant had power to impose for the offence, and that the defendant had never stated that he was unable to pay the fine. 1861. V. WILLMOTT. The defendant gave no notice of appeal against his conviction; but afterwards, on the 10th April, 1861, The QUEEN while in prison, he was visited by a justice of the peace for the county of Kent, before whom he entered into a recognizance with sureties, in treble the value of the highest fine that could be imposed for his offence, to prosecute the appeal at the next Quarter Sessions of the peace for Kent. An appeal was there entered accordingly, and respited to the July Sessions. The present rule was obtained on two grounds. 1. That the Superintendant had no jurisdiction to award imprisonment in the first instance; his power being limited to inflicting a fine, and committing to prison in the event of the fine not being paid, and the offender not being possessed of any effects out of which it could be levied by distress. 2. That the defendant was entitled to his discharge, having entered into a recognizance to appeal against the conviction. The question in the case depended on the following sections of stat. 39 & 40 G. 3. c. 89., "For the better preventing the embezzlement of His Majesty's naval, ordnance, and victualling stores ;" as modified by stat. 2 & 3 W. 4. c. 40. ss. 10 and 11. Stat. 39 & 40 G. 3. c. 89. s. 18. "Whereas it might tend to prevent the commission of offences if power were given to the Commissioners of His Majesty's navy, ordnance, and victualling, and His Majesty's justices of the peace out of Sessions, to hear and determine offences in a summary way in cases where the stores found are of small value, and to fine or otherwise punish the offenders accordingly; be it enacted &c., that from and after the passing of this Act, it shall and may be lawful to and for any principal officer or commissioner of the navy, ordnance, or vic 1861. The QUEEN V. WILLMOTT. tualling for the time being, or any justice of the peace for any county, division, city, town corporate, liberty, or place within this kingdom, to hear and determine any complaint against any person or persons (not being a contractor or contractors, or employed as aforesaid) for unlawfully selling or delivering, or causing or procuring to be sold or delivered, or for receiving or having in his, her, or their custody, possession, or keeping, or for concealing any stores of war, or naval, ordnance, or victualling stores or goods, marked with such marks respectively as are hereinbefore mentioned, of any value in the whole not exceeding 20s. ; which said Commissioner or justice respectively is hereby authorized and required, upon any information exhibited or complaint made in that behalf, at any time within three calendar months next after any such offence shall have been committed, to cause the party or parties accused to be apprehended and brought before him; or if he, she, or they shall have absconded, or cannot be found, then to be summoned to appear before such Commissioner or justice, by a notice or summons left at his, her, or their last or usual place of abode; and also to cause the witnesses on either side to be summoned; and such Commissioner or justice shall examine into the matter of fact, and upon due proof made thereof, either by the voluntary confession of the party or parties, or by the oath of one or more credible witness or witnesses, (which oath the said Commissioner or justice respectively is hereby authorized to administer,) give judgment or sentence accordingly; and in case the party or parties accused shall be convicted of such offence, then it shall and may be lawful to and for such Commissioner or justice of the peace respectively to inflict a fine of 107. 1861. V. WILLMOTT. upon him, her, or them, for such his, her, or their offence; which said fine so inflicted shall be divided The QUEEN and distributed, one moiety thereof to the informer or discoverer of the offence, and the other moiety thereof (the necessary charges for the recovery thereof being first deducted) to the treasurer of His Majesty's navy or ordnance, as the case may be &c., and to award and issue out his warrant under his hand and seal for levying such fines so adjudged on the goods of the offender or offenders, and to cause sale to be made thereof for payment of such fine and the reasonable charges of distress, (to be judged of by such Commissioner or justice respectively,) in case they shall not be redeemed within six days, rendering to the party the overplus, if any; and where sufficient goods of the party cannot be found to answer the said fine, to commit the said offender or offenders to the common gaol of the county, division, city, town corporate, liberty or place, for the space of three calendar months, unless such fine shall be sooner paid, or in lieu of such fine to cause such offender or offenders to be imprisoned and kept to hard labour in the House of Correction for the space of three calendar months, as to such Commissioner or justice of the peace respectively shall be thought fit." It then enacts that every such Commissioner or justice shall cause the amount of every such last mentioned moiety of fine which he shall so receive, &c. to be paid into the hands of the treasurer of the navy or ordnance &c. Sect. 19. "It shall and may be lawful to and for the said Commissioner or justice before whom any person shall be convicted in a summary way as aforesaid (if he shall see cause), to mitigate and lessen any such before mentioned fine of 10l., to be inflicted in that behalf as 1861. The QUEEN V. WILLMOTT. he shall think fit, (the reasonable costs of the officers and informers, as well in making the discovery as in prosecuting the same, being always allowed over and above such mitigation,) and so as such mitigation do not reduce the fine to less than one moiety of the said sum of 10%., over and above the said costs and charges" &c. Sect. 20. "Provided also, and be it enacted that, in case such Commissioner or justice of the peace shall, upon the hearing and determining of such complaint as aforesaid, adjudge the offender or offenders, in lieu of a fine, to be imprisoned and kept to hard labour as aforesaid, that then the informer, or person or persons who shall have discovered such offender or offenders, shall have and receive, as a reward for such his, her, or their discovery, the sum of 51. for every such offence so discovered," &c. Sect. 21. "If any person or persons shall find himself, herself, or themselves aggrieved by the judgment of any such Commissioner or justice, touching or concerning any such stores as last aforesaid, under the value of 20s., then he, she, or they shall or may, upon entering into a recognizance to His Majesty, with one or more surety or sureties, to the satisfaction of such Commissioner or justice, to the amount of treble the value of such fine, appeal to the justices of the peace at their next general Quarter Sessions of the peace for the county, division, city, town corporate, liberty, or place wherein the offence was committed, who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same; and, in case the judgment shall be affirmed, it shall and may be lawful for such justice of the peace to award the |