and adjudged by us the said justices, that the said 0 0 be convicted, and he is accordingly by us convicted of the offence charged upon him in and by the said information. And we do also adjudge that the said O O hath for his said offence, forfeited the sum of → being treble the value of the said tea; but we do mitigate the said sum of to the sum of and do adjudge and order that the said 0,0 do pay the said sum of. The said forfeitures and penalties to be paid and distributed as the law directs. &c. In witness, The form of a conviction for adulterating hops. Monmouthshire, of to wit. Be it remembered, that on the in the day year of the reign of our sovereign lord, George the third, now king of the united kingdom of Great Britain, and Ireland, at in the in the said county of 1 I of in the same County, yeoman, in his proper person, cometh before us FJ and SJ esquires, two of the justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors within the said county committed, residing near the place where the offence hereinafter mentioned was committed, and as well for our said lord the king as for himself in this behalf, giveth us the said justices to understand and be informed, that O O of said county of last past, to wit, on the year of the reign of our said lord the now king, at aforesaid, in the county aforesaid, did mix with one hundred weight of hops, a certain ingredient, to wit, the vapour of sulphur and brimstone, to alter the colour of the said hops, which said ingredient then and there did alter the colour of the said hops, against the form of the statute in that case made and provided whereby, and by force of the statute, in that case made and provided, the said OO hath for his said offence forfeited the sum of 51. one moiety thereof to our said lord the king, and the other to the said I I the said informer; and the said prays that the said OO may be convicted of the said offence, according to the statute in that case made and provid ed; and afterwards on the day of year of the reign of our said lord the now king, at aforesaid, in the county aforesaid (the said OO having been before duly summoned, in pursuance of our summons issued for that purpose, to appear before us the said justices, at this time to answer the matter of complaint contained in the said information). He the said O O appears before us the said justices, to answer and make defence to the charge contained in the said information; and having heard the same, within the space of three months now II in the he is asked by us the said justices if he can say any thing for himself, why he should not be convicted of the said offence wherewith he is charged in manner aforesaid; and thereupon he the said ( O saith that he is not guilty of the said offence, whereupon we the said F S and SJ being such justices as aforesaid, do now proceed to examine into the truth of the mat ter contained in the said information, in the presence and hearing as well of the said II as of the suid ✪ ✪ ; and thereupon on the same day and year last mentioned at aforesaid, in the county aforesaid, W W a credible witness in this behalf, comes in his proper person before us the said justices to prove the said charge contained in the said information against the said O O, and is now here by us the said justices sworn, and does before us the said justices, take his corporal oath upon the holy gospel of God, to speak the truth, the whole truth, and nothing but the truth of and concerning the matters contained in the said information, we having administered, and having a competent power to administer such oath to him in that behalf; and the sa:d W W being so sworn, does, on his oath, say und depose in the presence and hearing of the said O O, that on the day of he the said W W, by the order of the said O O,threw half a pound weight of brimstone upon the fire which was then using for the purpose of drying one hundred weight of hops belonging to the said OO in a certain hop oast, situate at — which brimstone was so put on the said fire for the purpose of making the said hops have a better colour; and he the said W W, on his outh aforesaid, saith, that the vapour and fume of the said brimstone ascended to the hops placed over such fire, and the hops beag then in a moist state, such fume and vapour settled and fixed on the hops, and mixed with the same, whereby the colour thereof was changed, and the hops appeared brighter than they would have done, if they had not been so mixed with the fume and vapour of brimstone; and he the said ✪ ✪ does not produce any evidence to contradict the proof aforesaid; wherefore it manifestly appears to us the said justices, that the said OO is guilty of the offence charged upon him, in and by the said information: it is therefore considered and adjudged by us the said justices, that the said () O be convicted, and he is accordingly convicted of the offence charged upon him in and by the said information; and we do hereby adjudge that the said O O, for the said offence, hath forfeited the sum of 51. of laxful money of Great Britain, to be distributed according to the form of the statute in that case made and provia. ed. In witness whereof we the said justices have to this present record of conviction put our hands and seals, at aforesaid, in the county aforesaid, the said in the day of year of the reign of our said sovereign lord the king, that now is. V. The form of a warrant of distress for the penalties. To CL and WH, officers of excise, and to either of them, and to such other person or persons as they or either of them shall take to their assistance. We whose hands and seals are hereunto Monmouthshire,set, two of his majesty's justices of the peace to wit. in and for the said county of do in his said majesty's name authorise and command you, every or any of you, that upon the brewing vessels and utensils for brewing used by 00 in the county of- — victualler, in the brewhouse and place where he usually brews, at aforesaid, and upon the goods and chattels of the said O O, you or any of you do levy the sum of. pounds of lawful money of Great Britain, by us mitigated and lessened from the sum of pounds of like lawful money, recovered against him by 1 I, gent. who prosecuted as well for our sovereign lord the king as for himself, for a certain offence committed by the said 00, against the laws and statutes of excise, whereof he the said 0 0 is duly convicted before us; and for the levying thereof you are to seize, take and carry away the said brewing cessels and utensils of brewing, and also the goods and chattels aforesaid; andif in eight days next after such seizure,the said sum of together with the reasonable charges of taking and keeping the said vessels and utensils, goods and chattels shall not be paid, then and in such case (after the expiration of the said eight days, you are to make a sale thereof, or of so much thereof as shall be sufficient to levy the said sum of pounds, which said sum of pounds when so levied, you are forthwith to pay to the collector of excise for the collection called collection for the time being, to be by him distributed and answered according to the statute in such case made and provided. And if after levying thereof any overplus shall remain of the said brewing vessels, or of the said goods and chattels, or of the money arising by sale thereof, you are to ren der such overplus to the said OO, the reasonable charges of taking,keeping, and selling the said vessels and utensils, goods and chattels, being out of the said overplus money first deducted. And all constables and other officers of the peace of the said County are hereby required to be aiding and assisting to you in the due execution hereof: butin case sufficient distress cannot be found, then and in such case you, by a return to this our currant, are forthwith to certify the same to us the said justices. Given under our hands and seals at the said county of this day of ia in the year of his said majesty's reign, and in the year of our Lord God VI. The form of a return of want of distress to be indorsed on the back of the warrant. to wit. Monmouthshire, ICL, one of the within named officers fof his majesty's duties of excise, do hereby certify to J P and S J esqrs. two of his majesty's justices of the peace in and for the said county, that by virtue of the within warrant, I have made diligent search for the vessels, utensils, goods, and chattels of the within named O O, and that I can find none such, and that I do not know, nor can find that the said O O hath any goods or chattels whereon the within sum of may be levied. As witness my hand this day of VII. The form of a `warrant of commitment for want of distress. to wit. } To Monmouthshire, To C L and W. H, officers of excise, and to either of them, and to such person or persons as they or either of them shall take to their assistance: and to the keeper of the common gaol at the said county. in Whereas we, whose hands and seals are hereunto set, two of his majesty's justices of the peace in and for the said county of by our warrant under our hands and seals, bearing date day of - — now last past, did require and com the said C L and W H, or either of you, to levy the · pounds therein mentioned on the brewing vessels the mand you sum of in the said day of county of victualler, and upon the goods and chattels of the said OO: And whereas you the said CL, by a return and certificate under your hand, bearing date the now lust past, have certified to us, that having made diligent search for such brewing vessels and utensils for brew. ing, and for such goods and chattels, you cannot find any whereon to levy the said pounds, or any part thereof, and that no such vessels, utensils, goods, or chattels can be found: WE the said justices do THEREFORE in his majesty's name hereby authorise, require, and command you the said C L and W H or either of you, and also such person or persons as you the said CL and WH or either of you shall take to your assistance, to take and arrest the body of the said O O; and him forthwith to to the common gaol at in the said county of · carry -and there to deliver him into the custody of the keeper of the sad common guol, together with this our warrant; and we the said justices do hereby also command you the said keeper of the said common gaol to receive and safely keep in your custody, in the said common gaol, the body of the said 0,5, until he shall satisfy und pay the said sum of· pounds of lawful money of Great Britain, by us mitigated and lessened from the sum of pounds of like money, by us the said justices adjudged against him, upon an information exhibited against him before us by Il, gent. as well on behalf of his said majesty as of himself, for a certain offence committed by the said O O against the laws and statutes of excise, whereof he stands convicted before us the said justices. And all constables and other his majesty's officers, are hereby authorized and required to be aiding and assisting in the due execution hereof: and for you, any or either of your doing as is before respectively directed, this shall be to you, any or either of you respectively, a sufficient warrant and authority. Given under our hands and seals at to you said county of this day of in the in the of the reign of his said majesty, and in the year of our Lord God EXECUTION AND REPRIEVE. THE court Who may HE court of King's Bench hath not only power to award execution against persons attainted there, but also against persons award execu attainted in parliament, or any other court, the record of their tion. attainder, or a transcript thereof, being first removed into the court of King's Bench, and themselves brought thither by habeas corpus. 2 Hawk. c. 51. And in the case of the earl of Ferrers it was resolved, by all the judges, that if a peer be convicted of murder, before the lords in parliament, and the day appointed by them for execution. pursuant to the statute should lapse before such execution done, a new time may be appointed for the execution, either by the high court of parliament before which such peer shall have been attainted, or by the court of King's Bench, the parliament not sitting, the record of attainder being properly removed into that court. Foster's Cr. L. 140. But execution ought not to be awarded into a different coun. ty from that wherein the party was tried and convicted, except only where a record of attainder is removed into the court of King's Bench, which may award the execution in the same county wherein it sits. 2 Hawk. c. 51. s. 2. it is to be And there be certain cases wherein, though the prisoner be To what manner attainted, yet he is not to have execution awarded against him till he be demanded what he can say, why execution should not be awarded against him. 2 Hale's Hist. 407. That is to say, 1: Where a woman is convicted and attaint by judgment, though she remain always in custody, so |