by confession of the party, or by oath of one witness, to gire judgment for the penalty, and to issue his warrant, under hand and seal, for the levying any penalties so adjudged on the goods of the offender, and to cause sale to be made thereof, in case they be not redeemed within six days, rendering to the party the overplus (if any); and where the goods be not suffi cient to answer the penalty, to commit such offender to prison, for six months, unless such penalty be sooner paid. s. 59. Provided always that it shall be lawful for the said justice to gate the penal- mitigate any such penalties, reasonable costs of the officers and informers being always allowed above such mitigation, and so as such mitigation do not reduce the penalties to less than a moiety of the penalties incurred, over the costs*. s. 63. And a conviction in the form following (mutatis mutandis) shall be good: Power to miti tics. Forin of conviction, Be it remembered, that on the in the year of our Lord. at day of in the county A B came before me CD one of his majesty' justices of the peace for the said county, residing near the place where the offence was committed, and informed me, that EF of of ut day of at on the now last past, in the said county, did [here set forth the fact for which the information is laid]; whereupon the said E F, after being duly summoned to answer the said charge, appear. ed before me on the day of in the said county, and having heard the charge contained in the said information, declared he was not guilty of the said offence, [or as the case may happen to be,] did not appear before me pur. suant to the said summons, [or, did neglect and refuse to make any defence against the said charge,] but the same being fully proved upon the oath of GH, a credible witness, or, as the case may happen to be,] acknowledged and voluntarily con *In the construction of these clauses it hath been holden, that the penalties not amounting to 501. can only be recovered before justices of the peace, and not in the superior courts; for the justices having power to mitigate the penalties, and the su perior courts not, the proviso giving that power, renders it clear, that the intention of the legislature was, that the greater penalties should be sued for in the superior courts, and the smaller before a justice of the peace; and the court observed that this distinction was reasonable; for if the superior courts and the justices of the peace had a concurrent jurisdiction, the prosecutor might sue where he pleased, and he would institute his suit before that jurisdiction, by whom the penalties could not be mitigated; which would wholly frustrate the intention of the legislature, who inserted the proviso to prevent the party being saddled with the unmerciful costs of a merciless pro secutor. Cates qui tam v. Knight, Mic. 30 Geo. 3. 3 Term Rep. 413. fessed the same to be true; and it manifestly appearing to me, that he the said E F is guilty of the offence charged upon him in the said information, I do therefore hereby convict him of the offence aforesaid, and do declare and adjudge, that he the said E F hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, to be distributed as the law directs, according to the form of the statute in that case made and provided. Given under my hand and seal, the day of But any person aggrieved by the judgment of such justice, Appeal. may (upon giving security to the amount of the penalty, toge ther with such costs as shall be awarded in case judgment shall be affirmed) appeal to the next general quarter sessions, who are to summon and examine witnesses upon oath, and finally determine the same; and in case the judgment shall be affirmed, it shall be lawful for such justices to award the person to pay costs: But if the next general quarter sessions shall fall within six days after conviction, the person convicted, if he think fit, giving such security, may appeal to the next subsequent quarter sessions. s. 59. And if any person summoued as a witness to give evidence Witnesses not before such justice either on the part of the prosecutor, or per- appearing. on accused, shall neglect or refuse to appear, without a reasonable cxcuse for such neglect, to be allowed of by such justice, or appearing shall refuse to be examined on oath and give evidence, such person shall forfeit 40s, to be levied by such means as are before directed. s. 60. And all summonses, issued by any justice, against the ow- Summoning of ners of any coaches required to be licensed, that shall be left at coach proprie. the inn where the carriage shall put up, with the book-keeper, tors. shall be good service on the owners, although such owners shall not have a residence in such inn. s. 61. Surrender of copyhold in England, (except the surrender to the use of a will, and the court roll or court-book wherein the proceedings are entered) under the yearly value of one pound above the yearly value of one pound Summons of any judge of any of the courts at Westminster (except for particulars of a plaintiff's demaud) stay of proceedings in payment of debt and costs, time to plead, reply, or rejoin, or on the application of any prisoner or insolvent debtor Transfer of Bauk or South Sea stock* (except stock in the government funds) 1 0 0 1 0 0 Surrender. 050 0 15 0 0 1 0 0 7 9 * Transfers of Bank stock, and stocks of the South Sea Company, are exempted from the duties of 2s. 3d. imposed by 23 Geo. 3. c. 58, and 10.. imposed by 37 Geo. 3. c. 90—26 Geo. 3. c.82. s. 11-$7 Geo. 3. c. 90. s. 1. Warrant. Transfer of stock, or share in any company, so where it shall exceed one hundred pounds - where it shall exceed two hundred pounds and not exceed three hundred pounds where it shall exceed three hundred pounds and not exceed four hundred pounds where it shall exceed four hundred pounds and not exceed five hundred pounds where it shall exceed five hundred pounds and not exceed one thousand pounds where it shall exceed one thousand pounds and not exceed two thousand pounds where it shall exceed two thousand pounds and not exceed three thonsand pounds where it shall exceed three thousand pounds where it shall exceed ten thousand pounds 20 0 0 and not exceed ten thousand pounds Warrant, beneficial. See Sign Manual, to enter up judgement.+ Sec Letter of Attorney mandate, or authority, minute, or memorandum, given to any solicitor, attorney, notary, proctor, agent, or procurator, to commence, carry on, or defend any suit or prosecution in any of his Majesty's courts at Westminster, or in any ecclesiastical court, or in any of the courts of Admiralty, or Cinque Ports, or the great sessions in Wales, or in any courts in the counties palatine, or in any court holding pleas, where the debt or damage shall amount to 40s. or møre, to be charged to the client. 44 Geo. 3. c. 98. s. 15. 050 But warrants in any inferior courts where the debt does not amount to 40s. as also in actions at the suit of the king, but being informations quo warranto, or in courts of equity or informations as to the relations of private persons, or wherein + Warrants of attorney to enter up judgment are chargeable as letters of attorney; but if they contain a releuse of errors, they are chargeable as other deeds. any person other than his majesty, shall be entitled to any penalty or forfeiture, or any part thereof, are not liable to this duty. Warrant by or issued out of any court of Admiralty or the Cinque Ports Writs, any writ of appeal any writ of habeas corpus any writ of error any writ of certiorari 44 Geo. 3. c. 98. any writ of covenant, for levying of fines any writ, mandate, or other process what- 905000 10112 200 050 By 5 Will. & Mar. c. 21, every officer or clerk belonging to the court of King's Bench, Common Pleas, and Exchequer, who shall sign aby writ or process before judgment to arrest any person, shall set down upon such writ, &c. the day and year of his signing the same, which shall be entered upon the remembrance, or in the book where the abstract of such writ, &c. shall be eutered, upon pain to forfeit 101. to be recovered by any person who shall sue for the same in any of their majesties' courts. 5. 4. II. General Clauses. → By 44 Gro. 3. c. 98, the duties shall be under the manage ment of the commissioners of stamps, who may employ officers, allow salaries, provide stamps, and do all other things necesary. s. 6. And the commissioners may cause new stamps to denote the One stamp to luties, and from time to time alter or renew the same as there be used. thall be occasion. 44 Geo. 3. c. 98. s. 6. And the writing shall be either upon or as near as conveniently Writing to be may be to the stamp, on pain of 10. with full costs. 1 Ann. near the stamp. t. 2. c. 22. 8. 5. And if any of the articles be contained in more than one Each skin or tkin, sheet, or piece, each is liable to the payment of the duties. sheet to be 5 Will. & Mar. c. 21. 9 & 10 Will, 3. c. 25. 12 Ann. st. 1. stamped. c. 9. s. 24.. But besides the things in the table particularly mentioned to Exemptions. be exempted, are the following: 1. All persons who shall be admitted to sue or defend, in forma pauperis, are to be exempted from stamp duties in all proceedings at law or in equity. 4 Will, & Mar. c. 21. s. 14. The commis mish stamps. 9 & 10 Will. 3. c. 25. s. 63. 12 Geo. 1. c. 33. s. 5. 44 Geo. 3. c. 98. s. 19. 2. Proceedings of a court martial which relate to the trial of a common soldier; and all orders, decrees, and proceedings before commissioners of sewers, or in the court of stannaries. 6 & 7 Will. & Mar. c. 12. 9 & 10 Will. 3. c. 25. 41 Geo. 3. c. 98. s. 10. 3. Instruments which by the acts relating to the redemption or sale of land tax, are exempted from stamp duties. 44 Geo. 3. c. 98. s. 19. 4. Commissions granted in the yeomanry cavalry or volunteer infantry. 44 Geo. 3. c. 98. s. 18. By the several stamp acts, the commissioners are to take Siouers to fur- care that the several parts of Great Britain be sufficiently furnished with stamps, that the subjects may have it in their election either to buy the same of the officers at the usual rates, or to bring their own vellum, parchment, or paper to be stamped. Price of the paper to be stamped. Paper to be And the commissioners of the treasury shall once a year at least set the prices of stamped parchment and paper; and the commissioners of the stamp duties shall (besides the stamps above mentioned) stamp the said price upon every piece of parchment and paper. 6 & 7 Will. 3. c. 12. s. 9. 9 & 10 Will. 3. c. 25. 8. 68. 9 Ann. c. 23. s. 36. 29 Geo. 2. c. 12. s. 7. 30 Geo. 2. c. 19. s. 21. 16 Geo. 3. c. 34. s. 13. The stamp act also requires that all vellum, parchment, and stamped before paper, liable to the duties, shall, before engrossed, printed, or written upon, be brought to the head office and stamped. used. Allowance for prompt payment. And there shall be allowed to every person who shall at one time bring to be stamped, or buy of the commissioners parch ment or paper, charged with any stamp duty to the amount of 30. or upwards, 17. 10s. for every 100%. and so in proportion.* 44 Geo. 3. c. 98. sched. C. And if any commissioner or officer shall fix any stamp before the duties are paid or secured, he shall forfeit 100l. 5 Will. & Mar. c. 21. s. 10. Penalty on officers affixing stamps before duty paid. Penalty on offi- And in case any officer employed in the execution of the ecis not doing stamp acts. shall refuse or neglect to do any matter by the acts their duty. required, whereby any person shall sustain any damage, he shall be liable, by an action founded on the statute, to answer to the party grieved, all damages with treble costs. 1 4. st. 2. c. 22. s. 11. 9 Ann. c. 23. s. 30. 30 Geo. 2. c. 19. $. 24. 32 Geo. 2. c. 35. s. 15. 5 Geo, 3. c. 47. s. 6. 44 Geo. 3. Stamp officers may inspect public books. c. 98. s. 8. All public officers in Great Britain, who shall have in their custody any books, papers, files, records, remembrances, dockets, * Where the allowance is different in respect of particular articles. as it is in the case of newspapers, medicines, receipts, and some other articles, such difference is noticed under the proper head. |