I direct that the said sum of 201. shall be paid to A. I. (a) of aforesaid, in which the said offence was committed, to be by him applied according to the directions of seal the day and year first above-mentioned. J. P. FORMS. (No. 51.) to wit: BE it remembered, that on, &c. at, &c. C. D. late of, &c. is convicted before me, J. P. one of his Majesty's justices of the peace for the county aforesaid, for that he the said C. D. on, &c. at the parish of, &c. a part, to wit, twenty feet of the fence of certain land of A. B. there situate, wherein deer were then kept, unlawfully and wilfully did destroy; against the form of the statute in that case made and provided: and I the said J. P. do therefore adjudge the said C. D. for his said offence to forfeit and pay, &c. [as in last precedent to the end.] (No. 52.) Conviction on same statute for pulling down park fences, &c. assaulting, &c. [Commencement as usual, unte, p. 11.] on, &c. at, &c. in and upon A. B. (the Commitment on said A. B. then being a person intrusted with the care of the deer then and usually 7 & 8 Geo, 4, kept and being within certain [inclosed] land [forest, chase, or purlieu, whether c. 29, s. 29, for inclosed or not] there situate, and the said A. B. then and there being in the due gamekeeper. (b) execution of his duty as keeper of the said deer, and in execution of the powers given to him in that behalf by statute passed in the seventh and eighth years of the reign of our late sovereign lord King George the Fourth, intituled "An Act for consolidating and amending the laws in England relative to larceny and other offences connected therewith," unlawfully and feloniously did make an assault, and him the said A. B. then and there, and whilst in the execution of the powers aforesaid, unlawfully and feloniously did beat and wound: against the form of the statute in that case made and provided. And you the said keeper, &c. [as usual, as ante, 11, to the end.] (No. 53.) THE jurors for our Lord the King upon their oath present, that C. D., late Indictment for of, &c. on, &c. at, &c. with force and arms, into certain [inclosed] land then belonging like offence. to E. F., where deer had been and then were usually kept [or into a certain forest, chase or purlieu called ,] there situate, did unlawfully enter, with intent then and there unlawfully and feloniously to hunt, kill, snare, and carry away deer, and that one A. B., then and there being a person intrusted with the care of the deer in the said [inclosed] land then and there being, then and there [or then and there being an assistant of E. F., then and there being a person intrusted, &c.], after the said C. D. had so entered into the said [inclosed] land as aforesaid [forest, &c.], und whilst the said C. D. there remained, did demand from the said C. D. an engine, to wit, [a gun,] then and there in the possession of the said C. D., and that upon the said C. D. then and there failing to deliver up the said engine, and altogether refusing to do so, he the said A. B. did then and there attempt to seize and take the same from the said C. D. for the use of the owner of the said deer, as was the duty of the suid A. B. so to do, and as he laufully might for the cause aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said C. D. then and there, with force and arms, in and upon the said A. B., the said A. B. then being a person having been intrusted with the care of the deer within the said [inclosed] land as aforesaid [or then and there being such assistant as aforesaid], and then and there being in the due execution of his said duty as aforesaid, and of the powers given to him in that behalf by the statute in that case made and provided, unlawfully and feloniously did make an assault, and him the said A. B., so being in the execution of the said duty and of the powers aforesaid, then and there unlawfully and feloniously did beat and wound; against the form of the statute in such case made and provided, and against the peace of our lord the King his crown and dignity. [Add other counts as the case may suggest.] See another general count in Archb. Forms on Peel's Acts, 2d edit. 93. (a) See the 66th sect. post, Vol. III. p. 553, and see ante, 764. (b) See the enactment, ante, 934. FORMS. Commitment on Indictment for like offence. Conviction on conies in breeding grounds in the day-time. (a) Conviction under the same section for taking hares Forms relating to Hares or Conies. (No. 54.) [Commencement as usual, ante, p. 11,] on, &c. in the night-time, to wit, about the hour of [eleven] in the night of the same day, at, &c. in a certain warren and ground of A. B., there situate, then lawfully used for the breeding and keeping of conies [or hares], five conies [or hares] then and there in the said warren and ground unlawfully and wilfully did take and kill; against the form of the statute in that cou made and provided. And you the said keeper, &c. [as usual, as ante, 11, to the end] (No. 55.) THE jurors for our Lord the King upon their oath present, that C. D. late of &c. on, &c. in the night-time, that is to say, about the hour of [eleven] o'clock in the night of the same day, at, &c. in a certain warren and ground of A. B. there situate, the lawfully used for the breeding and keeping of conies [or hares], two conies [or hares] then and there being found then and there in the said warren and ground, unlawfu and wilfully did take and kill; against the form of the statute in such case made and provided, and against the peace of our said Lord the King his crown and dignity. [Add other counts as the case may suggest.] (No. 56.) BE it remembered, that on, &c. at, &c. C. D. late of, &c. [labourer,] is com Svicted before me, J. P. one of his Majesty's justices of the peace for the se county, for that he the said C. D. on, &c. about the hour of [six] of the morning of the same day, at, &c. in a certain warren and ground of A. B. there situate, then lawfully used for the breeding and keeping of conies [or hares], five conies [or hares] ties and there being found then in the said warren and ground, unlawfully and wifuly did take, against the form of the statute in that case made and provided; 1, the said J. P. do therefore adjudge the said C. D. for his said offence, to forfeit and pay the sum of pounds, and also to pay the sum of shillings for costs, and a default of immediate payment to be imprisoned in the house of correction [or county gaol] of the said county, and there kept to hard labour for the space of months, unless the said sums shall be sooner paid, and I direct that the said sum of pounds shall be paid to E. F. 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 directions of the statute in that case made and provided, and I order that the sum of for costs shall be paid to the day and year first above mentioned. [the complainant]. (No. 57.) calendar skitings Given under my hand and sai BE it remembered, that on, &c. at, &c. C. D. of, &c. [labourer,] is convictes before me J. P. one of his Majesty's justices of the peace for the said county, for setting snares for that he the said C. D. on, &c. at, &c. in a certain warren and ground of G. H. there situate, then lawfully used for the breeding and keeping conies, unlawfully and willy did set a snare for the taking of conies, for the purpose and with the intent to take co in the said warren and ground; against the form of the statute in that case made and provided; I the said J. P. do therefore adjudge, &c. [as in the last form to the end or conies in warrens or breeding grounds. Conviction on 7 & 8 Geo. 4, c. 29, s. 33, for killing a house pigeon (b). Forms relating to Pigeons. BE it remembered, that on, &c. at, &c. C. D. late of, &c. is convicted befor to wit. me, J. P. Esquire, one of his Majesty's justices of the peace for the sud county, for that he the said C. D. on, &c. at, &c. one house pigeon, of the value of st pence, the property of A. B. then and there being found, unlawfully and wilfully d kill and take [kill, wound, or take], against the form of the statute in that case m and provided; I the said J. P. do therefore adjudge the said C. D. for his said offent, (a) See the enactment, ante, 935. The act prescribes the formal parts of the conviction. See it, post, Vol. III. p. 554. (b) See the enactment, ante, 939. The statute prescribes the formal parts of the conviction. See it, post, Vol. III. p. 554. to forfeit and pay the sum of [two] pounds, over and above the value of the said pigeon, so killed and taken as aforesaid, and the further sum of [sixpence], being the value of the said pigeon, and also to pay the sum of shillings (a) for costs; and in default of immediate payment of the said sums, to be imprisoned in the [and there kept to hard labour] for the space of (b) calendar months, unless the said sums be sooner paid; and I direct that the said sum of two pounds shall be paid to A. J. (c), of aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided, and that the said sum of [sixpence] shall be paid [to the said A. B. or if he have been examined in proof of the offence, then thus: also to the said A. J., A. B. the owner of the said pigeon, having been examined in proof of the offence aforesaid;] and I order that the said sum of shillings for costs shall be paid to [the complainant]. Given under my hand and seal the day and year first above mentioned. Forms relating to Heath Fowl. (No. 59.) J. P. , and the 20th FORMS. 13 Geo. 3, c. 55, [Commencement as usual, as ante, 955, (No. 3,)] on oath informeth me, that Information on C. D., late of, &c., [labourer,] within the space of three calendar months now last past, between the 10th day of December in the year of our Lord day of August in the year of our Lord aforesaid, to wit, on, &c. at the parish of, &c., did wilfully kill [take, kill, destroy, carry, sell, buy, or have in his possession or use] a certain heath-fowl, commonly called black game, contrary to the form of the statute in such case made and provided; and which is the [first] offence of the said C. D. against the said statute; whereby and by force of the statute in such case made and provided, the said C. D. hath forfeited, &c., [as usual, ante, 955, (No. 3,) to the end.] Form relative to Seizing Dogs, &c., under 22 & 23 Car. II. c. 25. WHEREAS complaint hath been made unto me J. P., Esquire, one of his Ma- Warrant to search jesty's justices of the peace in and for the said county, upon the oath of A. I. of gines, on 22 & 23 for dogs and enin the said county, [yeoman,] that he the said A. I. hath good ground to sus- Car. 2, c. 25, pect and doth suspect that A. O. of aforesaid, in the county aforesaid, [yeo- s. 2. (e) man,] being a person in no respect qualified by the laws of this realm so to do, hath and keepeth in his custody a greyhound [gun, net, &c.] to kill and destroy the game; these are therefore to command you in his Majesty's name to enter into and search in the day-time the houses, out-houses, and other places of him the said A. O. at aforesaid, and if you there find any greyhound, &c. that you seize and keep the same for the use of A. L., Esquire, lord of the manor of in which manor the said houses, out-houses, and other places are situate and do lie, [or if net, gun, &c., that in the year, &c. N.B. Though this warrant is drawn in the terms of the act, a justice of peace Form relative to Trespasses. SIR,-I do hereby give you notice, and require you not to enter, or cause or pro- Notice not to. cure to be entered, any of my closes, land, or premises, situate and being in the parish trespass. FORM. or elsewhere, in the county of of A. B. Gaming not an offence at common law. Cock fighting. Wagers. 16 Car. 2, c. 7. The inconvenience of immoderate unlawful use of gaming. Gaming. (a) WE will for the most part confine our considerations under this title the criminal law relative to gaming, and the duties of justices and peace officers therein. And herein of, I. Gaming in General, 974. [16 Car. II. c. 7; 9 Ann. c. 14; 18 Geo. II. c. 34; 4 Geo. IV. e. 64, s. 10; 5 Geo. IV. c. 83.] II. Keeping or Haunting Gaming Houses, 979. [33 Hen. VIII. c. 9; 31 Eliz. c. 5; 2 Geo. II. c. 28; 18 Geo. II. c. H 25 Geo. II. c. 36; 58 Geo. III. c. 70; 3 Gen. IV. c. 114.] III. Lotteries and Little Goes, 983. [10 & 11 Will. III. c. 17; 9 Ann. c. 6; 10 Ann. c. 26; 8 Geo. L. c.2. 9 Geo. I. c. 19; 6 Geo. II. c. 35; 12 Geo. II. c. 28; 13 Geo. II. c. 19; 42 Geo. III. c. 119.] IV. Forms as to, List of, 990. I. Gaming in general. Mr. Dalton says, that playing at cards and dice, and the like, are not prohibited by the common law; neither are they mala in se of their own nature, but only prohibited by statute; Dalt. c. 46; but there must be no cheating see Da Costa v. Jones, Cowp. 729; 2 Vent. 175; and the playing must, it seems, be innocently and moderately. Bac. Ab. Gaming, (A.) And see per Abbott, C. J., post, 979. Cock fighting is illegal; 3 Camp. 146; and seems indictable. Bac. Ab. Gaming, (A.) As to what wagers are legal or not, see Chit. jun. Contr. 155. The following are the legislative enactments relative to gaming in general The 16 Car. II. c. 7, recites that "all lawful games and exercises should not be otherwise used, than as innocent and moderate recreations, and not as constant trades or callings to gain a living, or make unlawful advantage thereby; and whereas by the immoderate use of them, many mischiefs and inconveniencies do arise, and are daily found, to the maintaining and encou (a) See Disney on Gaming; 1 Chit. Civ. Statutes, tit. Gaming. Sec tit. Horses. post, Vol. II. As to the duties, &c. on cards, see Cards, Vol.I. IN GENERAL. raging of sundry idle, loose and disorderly persons in their dishonest, lewd and dissolute course of life, and to the circumventing, deceiving, cousening, and debauching of many of the younger sort, both of the nobility and gentry, 16 Car. 2, c. 7. and others, to the loss of their precious time, and the utter ruin of their estates and fortunes, and withdrawing them from noble and laudable employ ments and exercises. Sect. 2 enacts," that if any person or persons of any degree or quality Deceits and conwhatsoever, at any time or times after the 29th day of September, which shall senages in gaming, be in the year of our Lord God 1664, do or shall by any fraud, shift, cousenage, circumvention, deceit, or unlawful device, or ill practice whatsoever, in playing at or with cards, dice, tables, tennis, bowles, skittles, shovel-board; or in any cock-fightings, horse-races, dog-matches, foot-races, or other pastimes, game or games whatsoever, or in or by bearing a share or part in the stakes, wagers or adventures, or in or by betting on the sides or hands of such as do or shall play, act, ride or run as aforesaid, win, obtain, or acquire, to him or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever; that then every person and Penalty for. persons, so offending as aforesaid, shall ipso facto forfeit and lose treble the sum or value of money, or other thing or things so won, gained, obtained, or acquired, the one moiety thereof to our Sovereign Lord the King, his heirs and successors; and the other moiety thereof unto the person or persons grieved, or who shall lose the money, or other thing or things so gained, so as every such loser and person grieved in that behalf, do or shall prosecute and sue for the same within six calendar months next after such play; and in default of such prosecution, the same other moiety to such person or persons as shall or will prosecute or sue for the same within one year next after the said six months expired; and that the said forfeitures shall or may be How to be sued sued for or recovered by action of debt, bill, plaint, or information, in any for and recovered. of his Majesty's courts at Westminster, wherein no essoin, protection, or wager of law shall be allowed; and that all and every such plaintiff' or plaintiffs, informer or informers, shall in every such suit and prosecution have and recover his and their treble costs against the person offending and forfeiting as aforesaid; any law, statute, custom or usage to the contrary in any wise notwithstanding." This statute also takes notice of excessive gaming, without fraud, and sub- Excessive gaming. jects the offenders to pecuniary penalties: see s. 3 of this statute; and 9 Anne, c. 14, s. 2; 2 Geo. II. c. 28; 12 Geo. II. c. 28, post, 985; 25 Geo. II. c. 36, s. 5, post, 981; and 18 Geo. II. c. 34, post, 977. &c. above 101. at By the 9 Ann. c. 14, s. 5, it is enacted, "that if any person or persons 9 Ann. c. 11. whatsoever, at any time or times, after the said first day of May, 1711, do Winning by frand, or shall by any fraud or shift, cousenage, circumvention, deceit, or unlawful one sitting. device, or ill practice whatsoever, in playing at or with cards, dice, or any the games aforesaid, (i. e. cards, dice, table, or other games whatsoever,) or in or by bearing a share or part in the stakes, wagers, or adventures, or in or by betting on the sides or hands of such as do or shall play as aforesaid, win, obtain, or acquire to him or themselves, or to any other or others, any sum or sums of money, or other valuable thing or things whatsoever, or shall at any one time or sitting, win of any one or more person or persons whatsoever above the sum or value of ten pounds; that then every person or persons so winning by such ill practice as aforesaid, or winning at any one time or sitting above the said sum or value of ten pounds, and being convicted of any of the said offences, upon an indictment or information to be exhibited Indictable. against him or them for that purpose, shall forfeit five times the value of the sum or sums of money, or other thing so won as aforesaid; and in case of such ill practice as aforesaid, shall be deemed infamous, and suffer such cor- Penalty and poral punishment as in cases of wilful perjury; and such penalty to be reco- punishment for. vered by such person or persons as shall sue for the same by such action as aforesaid." |