Page:The country justice. containing the practice, duty and power of the justices of the peace, as well in as out of their sessions.djvu/122

100 and prize (by the Oaths of ome preent) the Armour and Weapons o found with them; and the Offenders o imprioned are to remain there until ome other Command be given concerning them from his Majety, or his Jutices. See the Writ, Fitz. 249. and the Title, Bailment, potea.

But if, upon the Proclamation made, they do depart in peaceable Manner, then hath the Jutice no Authority by the Writ to commit them to Prion, nor to take away their Armour.

But when the Jutice hath removed the Force, (upon this Writ) he may not put the Party that was put out in Poeion again; if he do, he and the Party alo are punihable in the Star-Chamber, for the Writ doth authorize the Jutice only to remove the Force, and not to make Retitution.

The Form of this Writ upon the Statute of Northampton, you may ee in Fitz. N. B. 249.

The Form of a Certificate, or Return of this Writ into the Chancery, ee in the other Title, Forcible Entry.

Alo every Jutice of Peace (ex officio, and without any Writ) may do Execution of this Statute of Northampton, and that as well by Force of the Commiion, as of the aid Statute.

The Manner to execute this Statute by the Jutice of Peace (ex officio) eemeth to be all one as before, where he hath a Writ delivered him; aving that when he doth this ex officio and without Writ, he needeth not make any Proclamation, nor to end any Certificate into the Chancery: But the Jutice may go to the Place where the Force is, and (if it be in a Houe) he may enter and earch, if any Force of Armour or Weapon be worn or born againt this Statute; and if any uch Offenders be found, he may commit them to Prion, and may eie and prize the Armour and Weapon o found with them. And he ought to record all that which he hall do in this Behalf, and to end ome Etreat into the Exchequer, that the King may be anwered of the Armour, or of the Value thereof.

But here again the Jutice mut not make any Retitution of the Poeion to the Party outed, but mut only remove the Force.

And concerning the Offenders o found, and committed by the aid Jutice of Peace, he (at his Dicretion ) may fine them, and upon Payment thereof, or upon Sureties found for the ame, that the aid Jutice may deliver the Offenders, even as in the former Statutes of 15 R. 2. & 8;;H.;; 6. or ele he may record uch Force, and commit the Offenders, and after certify the Record into the King's Bench, or to the Jutices of Gaol-delivery, or to the General Seions of the Peace, as here in this Title a little before. Vide Tit. Bailment.

(a  The Defendant was convicted for a Forcible Detainer, upon the * View of a Jutice of Peace etting forth that he held a Chamber in a Houe, in uch a Street and Parih by Force; but did not hew whoe Houe it was, nor whether the Chamber was backward or forward, or how many Pair of Stairs high, and the Commitment was to Newgate; but it did not et forth that Newgate was the County Gaol; and the Statute exprely requires that the Commitment hould be thither.

But the Court would not intend that there were two Chambers on one Floor, for they held the Chamber was ufficiently decribed: However the Conviction was quahed, for though they would intend that Newgate was the County Gaol, yet the Words in the Record being all in the preter perfect Tene, when they hould be in the preent Tene, for that Reafon it was quahed.

See the Form of Records and Warrants on this Head, Chap. 182.

CHAP. XLV. (a)

Foretallers, Regraters, Ingroers.

O Peron hall buy to ell again any Butter or Cheee, unles he ell the ame in open Shop, Fair or Market; and not in Gros upon Pain of Forfeiture of the double Value, to be recovered in any of the King's Courts of Record, one Moiety to the King, the other to the Informer. The