to 0 0 of in the said county, yeoman, the surety of the peace [or of the good behaviour] which he hath against him the uid do. Acknowledged before me the day and year above written. J P. PG. Also if the party be imprisoned for default of sureties, any istice may, upon the offer of such prisoner, take surety of him id may thereupon make his Liberate, or warrant for the de ery of such prisoner. Dalton, c. 118. The form of which liberate may be as follows: onmouthshire, the peace in and for the said county, to JP esquire, one of his majesty's justices to wit. of keeper of his majesty's gaol, at M, in the said county greet1; Whereas O O, in the prison of our said lord the king being, at the suit of P G in the said county, yeoman, for want of his finding sufficient sureties, for his personal aprance at the next general quarter sessions of the peace, to oiden in and for the said county, and for his keeping the te in the mean time towards our said lord the king, and all liege people, and especially towards the said PG, hath id before me sufficient sureties, to wit FS of and each of whom hath undertaken for the said under the pain of forty pounds, and he the said ✪ O hath rtaken for himself, under the pain of forty pounds, that he aid 0,0 shall and will personally appear at the next general Her sessions of the peace, to be holden in and for the said ty, and shall well and truly keep the peace in the mean towards our said lord the king, and all his liege people, especially towards the said P G: Therefore on the behalf er said lord the king, I do command you, that if the said Ō remain in the said gaol for the said cause and for none r, then you forbear to grieve or detain him longer, but that deliver him thence, and suffer him to go at large, and that the pain that will fall thereon. Given under my hand seal at -, in the said county, the day of year of the reign of our said lord George the third he grace of God of the united kingdom of Great Britain and And, king, &c. Surgeons. See PHYSICIANS. Qualification to keep swans. Stealing swans. Swans' eggs. Penalties, SWANS. By 22 Ed. 4. c. 6, no person other than the son of the king shall have any mark or game of swans, except he have lands of freehold to the yearly value of five marks; and if any person not having lands to the said yearly value, shall have any such mark or game; any of the king's subjects hav ing lands of the said value, may seize the swans as forfeit, whereof the king shall have one half, and he that shall seize, the other. It seems clear that a man may commit felony by taking away swans marked or pinioned; or by taking those which are un marked, if they be domestical or tame, that is, if they be kept in a pond or private river. 1 Hawk. c. 33. s. 27. So it seemeth of swans unmarked, so long as they keep within a man's manor, or within his private rivers; or if they happen to escape from thence, and be pursued and taken, and brought in again. 7.Co. 16, b. Dalton, c. 156. s. 3. But if swans that are unmarked shall be abroad, and shall attain to their natural liberty, and the property of them is lost; and so long felony cannot be committed by taking them. Dalton, c. 156. s. 3. And yet such unmarked and wild swans the king's officer may seize (being abroad), for the king's use, by his preroga tive. Also the king may grant them, and by consequence another may prescribe to have them, within a certain precinct or place. Ibid. And Hawkins, says, that he doth not see why it is not a much felony to steal the eggs of such swans, as it is to steal their young ones, unless it be because 11 Hen. 7. c. 17. has ap pointed a less punishment for such offence. 1 Hawk. c. 33. 6. 27. And it is by the said stat. 11 Hen. 7. c. 17, enacted that no person shall take or cause to be taken, in his own ground or any other man's the eggs of any swan, on pain (on conviction before the justices of peace) of imprisonment for a year and s day, and fine at the king's will, half to the king and half to the owner of the swans. Also by 1 Jac. 1. c. 27. s. 2, every person who shall take the eggs of any swan, out of the nest, or willingly break, spoil, or destroy the same in the nest, and shall be convicted thereof before two justices, by confession or oath of two witnesses, shall be committed to gaol for three months, unless he pay to the churchwardens for the use of the poor 20s. for every egg or after one month after his commitment, become bound by recognizance with two sureties in 201. a piece, before two jus tices, never to offend again in like manner, which recognizanca shall be returned to the next sessions. SWEARING. BY 19 Geo. 2. c. 21, if any person shall profanely curse or Penalties, swear, and be convicted on the oath of one witness before any justice of peace or before the mayor, justice, bailiff or other chief magistrate, of any city or town corporate, or by confession te shall forfeit as is herein after mentioned; viz. Every day labourer, common soldier, common sailor and comton seaman.*, 1s. Every other person under the degree of a gentleman, 2s. And in case any such person after conviction offend a se- And in case any person shall profanely swear or curse, in Swearing in the hearing of any justice, or mayor, such justice or mayor shall presence of a justice. vict him without any other proof. s. 2. lin the hearing of any constable, petty constable, tything- In the presence or other peace officer, such peace officer shall, in case he be of a peace ofknown,' seize and carry him before the next justice, or ficer. ar, who shall on the oath of such peace officer, convict him; in case such person be known to such peace officer, he make information before some justice or mayor, in order the offender may be convicted and punished. s. 3. nd every such justice (or mayor) shall, upon information, Manner of con given upon oath of any such peace officer, or of any other riction. And by the articles of war, in stat. 29 Geo. 2, c 33, persons ging to his majesty's ships of war, guilty of profane oaths or », shall incur such punishment as a court martial shall inflict. mouthshire, to wit. (I) Form of the information. } of day Be it remembered that on the 17 - J S of, in the county, gentleman, informeth and maketh oath before me esquire one of his majesty's justices of the peace in and for aid county, that on Lust past, at the in the parish of county, he the said J S aid hear 0 0 of day of in the in the County, labourer, swear one or more profane oath or oaths, carse one or more profane curse or curses, as the case .be] in these words: to wit. person, cause the offender to appear (II) before him; and upon such information being proved, convict (III) such offender. s. 4. And the said conviction shall not be removed by certiorari into the king's bench, but shall be final. s. 8. And the said justice (or mayor), before whom such convic tion is made, shall cause the same to be wrote upon parchment and returned to the next general or quarter sessions of the peace for the county wherein such conviction was made, to be filed by the clerk of the peace, and be kept amongst the records of the said county. s. 4. And in case such offender shall not immediately after convi tion pay the sum forfeited, or give security to the satisfaction of such justice or magistrate, it shall be lawful to commit (1 (II) Form of the summons. To the constable of Whereas information upon oath hath this day been before me JP esquire, one of his majesty's justices of the p in and for the said county, by JS of that on in the day of he heard 0 0 of county, labourer, at -, in the parish of said county, swear one or more profane oath or oaths [or one or more profane curse or curses, as the case shall bef: T are therefore to commund you to cause the said ✪ ✪ forth to appear before me to answer the premises, and to be fur dealt with according to law. Gipen under my hand and in the said county, the day of year of (III) And such conviction may be drawn up in the form lowing, 19 Geo. 2. c. 21. s. 8. Be it remembered, that on the Monmouthshire, } Be in the --- to wit. year of his mas reign, A B was convicted before me —— one of his majajustices of the peace for the county, riding, division, or h aforesaid; or before me mayor, justice, bailiff, or chief magistrate of the city or town of ty of -- within the (as the case shall be), of swearing one or profane oath or oaths, or of cursing one or more profane or curses, as the case shall be. Given under my hand and the day and year aforesaid. (IV) Form of the commitment. Monmouthshire,} Whereas O'O, of in the To the constable of — in the said county, laboure him to the house of correction, to be kept to hard labour for ten days. s. 4. And all charges of information and conviction shall be pait and also for the by the party offending, if able, over and above the penalties, costs. which charges shall be ascertained by the justice (or mayor). 3. 10. But the justice's clerk shall take for the information, summons, and conviction of every offender, 1s. and no more. s. 14. And in case such party be not able, or shall not immediately pay the said charges, or give security for the same, it shail be lawful for the justice, or mayor, to commit (V) him to the house of correction, to be kept to hard labour for six days, over and above such time for which such offender may be com mitted in default of payment of the penalties; and in such case no charges of information and conviction shall be paid by any person. s. 10. But in case any common soldier, or any common sailor or sea- Exception as te man, be convicted, and shall not immediately pay the penalty, soldiers and or give security for the same, and the costs of the information, seamen. summons and conviction; instead of being committed to the house of correction, he shall be publicly set in the stocks for one and stands convicted this day before me J P esquire, one of his at- this day of in the parish of the said county, whereby he hath forfeited the sum of one hilling to the poor of the said parish of · ; and whereas The said O O hath refused, and doth refuse, to give satisfactory security to pay the same: These are therefore to require you the aid constable to convey the said O O to the house of correction at M aforesaid and there deliver him to the keeper thereof together with this precept. And I do hereby also command you The said keeper to receive him the said ○ ○ into your custody in the said house of correction, and there to detain and keep him to hard labour for the space of ten days. And for so doing this shall be your sufficient warrant. Given under my hand and seal at in the said county, the day of ́year of the reign of "" in the (V) In this case these words may be added to the commit ment. satisfactory security to pay the same: And whereas the said O O hath likewise refused, und doth refuse to pay the sum of one shilling, which I have settled and ascertained as and for the charges of the proceedings against him, touching his said offence; and he hath refused, and doth refuse, to give satisfactory security to pay the same: These are therefore to for the space of sixteen days, &c. require you, VOL. IV. 3 B |