57 G. 3. c. 59. horses, mares, and geldings which shall be hired for drawing hearses, in the same manner as those hired for drawing mourning coaches or other carriages. (a) Justices of peace may cause roads to be measured and publish measurement. Penalty on post masters charg ing for more miles than the measurement. Penaltics how to be recovered. Application of penalties. But prosecu tions for penal ties in the king's courts not to be commenced without consent of commissioners of stamps, § 24. After the 31st of January, 1818, "it shall be lawful for two or more justices of the peace for any division in Great Britain, to cause the distances between any places in their division and the neighbourhood to be measured by some proper person or persons, who shall be paid for such measurement such sum as shall appear reasonable to the said justices out of the county stock by the treasurer of such county, upon the warrant of the said justices; and the measurement being verified before the said justices by the oath of the person or persons making the same, to publish such measurement under the hand of the clerk of such division, twice in some newspaper of the county for which such justices shall act; and from and after such publication if any person letting horses to hire, shall charge for a greater number of miles than shall be specified in the table of distances so to be published, if the stage or distance for which any horse, mare, or gelding shall be hired shall exceed seven miles, he or she shall forfeit and pay for every such offence the sum of ten pounds." § 25. After the 31st of January, 1818, all pecuniary penalties amounting to 10l. or upwards, and not amounting to 50%. imposed by this act or by the said act of the 25 Geo. 3. may be sued for, recovered, and levied, either in the manner prescribed by that act with regard to penalties amounting to 50l. or in the manner thereby prescribed with regard to penalties not amounting to 501. and all pecuniary penalties not amounting to 107. imposed by this act shall be sued for, recovered, and levied in the manner prescribed by the said act of the 25 Geo. 3. § 26. After the 31st of January, 1818, all pecuniary penalties imposed by this act, and by the said herein-before mentioned acts or any of them, in anywise relating to the said duties herein-before particularly mentioned, which shall be sued for within six calendar months after the same shall be incurred, shall be divided and go in the manner following; that is to say, one moiety thereof shall go to his majesty, and the other moiety thereof, together with full costs of suit, shall go to the person who shall inform and sue for the same; and it shall be lawful for any person whomsoever to inform and sue for the same within the time aforesaid, notwithstanding the provisions to the contrary contained in the said act of the 44 Geo. 3. or in any other act; and all such penalties as shall not be sued for within the time aforesaid shall go wholly to his majesty. § 27. It shall not be lawful for any farmer of any of the said duties, or for any other person to prosecute for any such pecuniary penalty in any court at Westminster, or in Scotland, without having first obtained the consent in writing of the said commissioners of stamps, or any two of them, nor unless the prosecution for the same shall be carried on by the solicitor of stamps, or some other solicitor or attorney approved of by the said commissioners, or any two of them; and it shall be lawful for the said commissioners of stamps, or the major part of them, to order the pro (a) Vide Smith v. Moss, ante, p. 687. and 3 M. & S. 15. ceedings to be stayed in any such prosecution, on payment of part 57 G. 5. c. 59. only of the penalty incurred, with or without costs, or on payment only of the costs incurred in such prosecution, or any part thereof. $ 28. After the passing of this act, it shall not be necessary upon the trial or hearing of any action, suit, or prosecution already commenced, or hereafter to be commenced for the recovery of any of the said duties on horses, mares, and geldings hired in the manner aforesaid, which are or shall be let to farm in pursuance of the said act of the 54 Geo. 3. or of this act, or of any future act, or for the recovery of any penalty or penalties imposed by the said herein-before mentioned acts or any of them, or by this act or any future act in anywise relating to the said duties, to produce the instrument whereby the commissioners of stamps in G. B. or any of them were or shall be authorised by the commissioners of his majesty's treasury to let to farm the said duties on horses, mares, and geldings, or any of them, or to produce the commission whereby the said commissioners of stamps were constituted and appointed such commissioners, or to prove the execution of any contract or agreement whereby any of the said duties on horses, mares, and geldings are or shall be let to farm, or of any assignment of any such contract or agreement, or of any commission, deputation, or authority whereby any person or persons is or are or shall be appointed a collector or collectors of any of the same duties by the said commissioners of stamps, or any of them, or to prove the signatures of the said commissioners to any consent to prosecute for any such pecuniary penalty as aforesaid: Provided always, that such contract, agreement, assignment, commission, deputation, or authority and consent to prosecute, shall be produced on the trial or hearing of such action, suit, or prosecution, and it shall be made to appear that the person or persons claiming under such contract, agreement, assignment, commission, deputation, or authority, had in in fact acted as the farmer or farmers, collector or collectors of the duties therein mentioned and described, or some of them; and in every such case such proof shall be deemed and taken by the judges or justices before whom any such trial or hearing shall be had, to be good and legal evidence of such person or persons being the farmer or farmers, collector or collectors of the duties mentioned and described in such contract, agreement, assignment, commission, deputation, or authority, unless by other evidence the contrary shall be made to appear. Potatoes, Stealing. Pound Breach. See Turnips, Vol. V. Powder for the hair. See Tares, Vol. V, What proofs shall be suffi cient in actions for duties and penalties. What it is. Power of justices of the peace. 27 Ed. 3. c. i. Impeaching judgments in the king's court, a præmunire. 16 R. 2. c. 5. Suing out fo reign process, a præmunire. Praemunire. [27 Ed. 3. c. 1.—16 R. 2. c. 5.—5 El. c. 1.] PRAEMUNIRE is so called from a word in the writ, Pramu nire facias præfatum A. B. quod tunc sit coram nobis, &c. where præmunire is used for præmonere, to warn the person to appear, as is directed in the statute of 27 Ed. 3. c. 1. hereafter following. 1 Inst. 129. Notwithstanding that præmunire is not within the letter of the commission of the peace, yet inasmuch as it is against the peace of the king and of the realm, any justice of the peace may either on his own knowledge or the complaint of others cause any person to be apprehended for such offence, and he may take the examination of the person so apprehended, and the information of all who can give material evidence against him and put the same in writing, and bind over the witnesses to the king's bench or gaol delivery; and certify his proceedings to the same court to which he shall bind over such informers. 2 Haw. c. 8. § 34. Hale's Sum. 168. By the 27 Ed. 3. c. 1. called the statute of provisors, they who shall draw any out of the realm in plea whereof the cognisance pertaineth to the king's court or which do sue in any other court, to defeat or impeach the judgments given in the king's court, shall have a day, containing the space of two months, by warning to be made to them, by the sheriffs or other officers, to appear to answer in their proper persons for the contempt; and if they come not at the said day in their proper person to be at law, they, their procurators, attornies, executors, notaries, and maintainers, shall from that day forth be put out of the king's protection, and their lands, goods, and chattels forfeit to the king, and their bodies wheresoever they may be found shall be taken and imprisoned, and ransomed at the king's will. And upon the same a writ shall be made, to take their bodies and to seize their lands, goods, and possessions, into the king's hands. And if it be returned that they be not found, they shall be put in exigent, and outlawed. And by the 16 R. 2. c. 5. commonly called the statute of præmunire, and to which the several subsequent statutes do refer, both those who pursue, or cause to be pursued, in the court of Rome, or elsewhere, any processes or instruments or other things whatsoever, which touch the king, against him, his crown and regality, or his realm, and also those who shall bring, receive, notify, or execute them, and their faulters, and abettors, shall be out of the king's protection; and their lands and tenements, goods and chattels, forfeit to the king; and they shall be attached by their bodies, if they may be found, and brought before the king and his council, there to answer; or process shall be made against them by præmunire facias, in manner as it is ordained in other statutes of provisors. And in these two statutes, as above recited, are contained the pains and penalties of what is called the præmunire. They were intended chiefly to oppose the papal encroachments in this realm: but the penalties thereof, by several subsequent statutes, are extended to other cases which have no relation to popery. Out of the king's protection.] So odious was this offence for- Persons guilty merly, that a man who was attainted on the same might have of a præmunire, been slain by any one without danger of law; because it was pro- might formerly have been killed. vided by law, that a man might do to him as to the king's enemy, and a man may lawfully kill an enemy; and therefore by the 5 El. c. 1. it is enacted that it shall not be lawful for any one to slay any person attainted in or upon a præmunire. 1 Inst. 130. But he is so far out of the king's protection, that he is disabled Are disabled to to bring an action for any injury whatsoever. And no one know- bring an action. ing him guilty can with safety give him aid, comfort, or relief. Inst. 129, 130. 1 Haw. c. 19. § 47. And Mr. Hawkins says it has been questioned, whether he hath Whether he a right to demand surety of the peace. But Lambard and Dal- may demand ton, which are the authorities he cites for it, incline to think that sureties. he hath such right. Lambard alleges for it the statute of 5 El. above mentioned; and Dalton asserts it without doubting. Lamb. 80. Dalt. 272. 1 Haw. c. 60. § 3. Lands and tenements. -forfeited.] Yet tenant in tail shall Lands and only forfeit lands during life; for albeit the statute enacteth that tenements. lands and tenements shall be forfeited, that must be understood of such an estate as he may lawfully forfeit, and that is during his own life. 1 Inst. 130. Attainder in præmunire worketh no corruption of blood. Corruption of Inst. 391. Prosecutions, however, for a præmunire are unheard of in our courts. The only instance of one to be found is in the State Trials; where the penalties of a præmunire were inflicted on some persons for refusing to take the oath of allegiance in the reign of Charles II. See 6 Howell's St. Tr. 201. & 210. blood. Presentment. A PRESENTMENT is that which the grand jury find and present to the court, without any indictment delivered to them; which is afterwards reduced into the form of an indictment, and in nothing else differs from an indictment. The presentment is drawn up in English by the jury, in a short note, for instructions to draw the indictment by; upon which the officer of the court must afterwards frame an indictment, before the party presented can be put to answer it: and it differs from an indictment, in that an indictment is drawn up at large, and brought ingrossed to the grand jury to find. 2 Lill. Abr. 353, 2 Inst. 739. There are other presentments of churchwardens, constables, surveyors of the highways, and justices of the peace; all which may be seen under their proper titles. See Vol. I. pages 187, & 188. No person to print or publish a newspaper until an affidavit be delivered at the stamp office. Printers. [38 G. 3. c. 78. 39 G. 3. c. 79.51 G. 3. c. 65.] 38 G. 3. c. 78. BY stat. 38 Geo. 3. c. 78. §. 1. it is enacted that no person shall, after forty days from the passing of this act, print or publish, or cause to be printed or published, any newspaper or other paper, containing public news or intelligence, or serving the purpose of a newspaper, until an affidavit, or affirmation, made and signed as herein-after mentioned, shall be delivered to the commissioners for managing his majesty's stamp duties, at their head office, or to some officer in the respective towns, and at the respective offices which shall be appointed by the said commissioners, for the purpose of receiving such affidavits or affirmations, (but which shall not be required to be upon stamped paper), containing the several matters and things herein-after specified. Affidavit to spe. § 2. Enacts that such affidavit, or affirmation, shall specify the cify the names real and true names, additions, descriptions, and places of abode and abode of of every person and persons, who is and are intended to be the the printer, publisher, and of printer and printers, publisher and publishers, of the newspaper the proprietors, or other paper mentioned in such affidavit or affidavits, or affirmif they do not ation or affirmations, and of all the proprietors of the same, if exceed two, ex 19 |