The latest of the fuppofed offences in point of time is stated to be committed twenty-fifth day of November 1786. The fubpœna is tefted the twenty-eighth day of the fame November,returnable first day of Hilary following, and information filed the twenty-eighth day of November 1789, upwards of three years after offences alledged to be committed. We prefume the information is the commencement of the fuit; for the not ces were committedwith HEPBURN And the faid George Hepburn ap- Plea that the at the fuit of peareth here in court by William fuppofed offenATTORNEY GENERAL. Lane, his attorney, and prayeth oyer of the faid information, and it is read unto him, which being by in three years. him heard and fully understood, he complaineth to have been grievously vexed and molefted under colour of the premises, and this the lefs justly, because protesting that the faid information and the matters therein contained are infufficient in law, whereto he hath no need, nor is he bound by the law of the land to aufwer; for plea nevertheless the faid G. H. fays, that the faid 31. Eliz.c.5.f.15. fuppofed offences in the faid information mentioned, and thereby alledged to have been committed by the faid G. H. were not nor were, nor was any or either of them committed within three years next before the exhibiting of the faid information, and this he the faid G. H. is ready verify: Wherefore he prays judgment if he ought to be any further vexed or molested in respect of the premises in the faid information contained, &c. V. LAWES. miffioners of CHIEF OFFICE IN LONDON FOR THE DUTIES Information beOF EXCISE, &c. Be it remembered that on the fourth day of fore the comApril 1789, within the limits of the chief office of excife in Lon- excife for the don, John Scott, gentleman, as well for his prefent majefty as condemnation of for himself, now here exhibited to and before us the commif- ftarch, having fioners and governors duly nominated, constituted, and appointed been lodged by his faid majefty for the receipt of the excife and duties upon with intent to defraud the duftarch, a complaint and information, and thereby informeth us, ty, and alfo for that for three months and longer, and within the limits and jurif- the penalty of diction of the faid office and commiffioners, one Richard Lindus sol, incurred by hath been, and continued to be, and yet is an officer for the the perfon in duties of excife and for the duties upon starch, and being there fuch whofe poffeffion officer he the faid Richard Lindus within three months now past, that is to fay, on the thirteenth day of February now laft paft, within the limits and jurifdiction aforesaid, having cause to fufpect that ftarch was lodged in fome place or places in or about the house of Benjamin Hawes, fituate in Lower Thames-ftreet, in the city of London, and within the limits and jurifdiction of us the faid commiffioners, with an intent to defraud his majefty of his duties thereon, he the faid Richard Lindus, being fuch officer as aforefaid, did go before Martin Wish and William Lowndes, efquires, Hh 2 then it was found. 4.G.2. c.14. f.4. then and there being two of the commiffioners aforefaid and for the duties upon ftarch, and did then and there make oath before the faid Martin Wish and William Lowndes, efquires (they the faid Martin Wish and William Lowndes, efquires, then and there being two of the commiffioners aforefaid, having full power and complete authority to adminifter fuch oath to him in that behalf), that he fufpected ftarch to be lodged in fome place or places in or about the houfe of Benjamin Hawes, fituate in Lower Thames-ftreet aforefaid, in the faid city of London, and within the limits and jurifdiction of the chief office in London for the faid duties of excife, fetting forth by his faid oath the ground of fuch his fufpicion; and the fame appearing to the said Martin Wish and William Lowndes, the commiffioners aforefaid, to be a reasonable ground of fufpicion, they the faid Martin Wish and William Lowndes, as fuch commiffioners as aforefaid for the duties upon ftarch, did, by a fpecial warrant under their hands and feals, authorize and empower the faid Richard Lindus, as fuch officer as aforefaid, by day or by night, but if in the night then in the prefence of a conftable or other lawful officer of the peace to enter into all and every fuch place and places in and about the houfe of the faid Benjamin Hawes, where he the faid Richard Lindus did fo fufpect fuch ftarch to be lodged, and to feize all fuch ftarch as he should find fo lodged as forfeited: And the faid John Scott further informeth us the faid commiffioners, that the faid Richard Lindus by virtue and in pufuance of the faid warrant, fo to him granted by and under the hands and feals of them the faid Martin Wish and William Lowndes the commiffioners aforefaid, did on the faid thirteenth day of February now laft paft, by day enter into a certain room and place in the faid houfe of the faid Benjamin Hawes, fituate in Lower Thames-ftreet aforefaid, and then and there found a large quantity of ftarch, that is to fay, three hundred and ten pounds weight of ftarch, lodged in the faid room or place, with an intent to defraud his majefty of his duty thereon; whereupon by virtue and in purfuance of the faid warrant to him granted as aforefaid, and alfo by virtue and in pursuance of the ftatute in fuch cafe made and provided, he the faid Richard Lin dus did then and there feize and carry away the faid three hundred and ten pounds weight of ftarch, with the boxes and other things wherein fuch ftarch was contained, and the fame did by force of the faid ftatute become forfeited; and alfo the faid Benjamin Hawes, being the perfon in whofe poffeffion the faid ftarch was found, hath by force of the faid ftatute forfeited and loft the fum of fifty pounds of lawful money of Great Britain; and thereupon the faid John Scott who as well, &c. humbly prays the judgment of us the faid commiffioners in the premifes, and that he may have one moiety of the faid forfeiture and penalty according to the form of the ftatute in fuch cafe made and provided, and that the faid defendant may be summoned to anfwer the faid premifes, and to make defence thereto before the faid commiffioners. Excife Office, London. You are hereby to take notice that an Summons. information hath been laid and exhibited against you before the commiffioners and governors of excife, &c. by John Scott, gentleman, for the forfeiture of three hundred and ten pounds weight 4.G.2. c. 14. f.4v of ftarch, the fame having been lodged in your houfe, &c. and feized by virtue of a warrant, &c. and alfo for fifty pounds for the fame ; and you will further take notice that the faid commiffioners and governors have appointed to hear the faid information upon Wednesday next, being the eighth day of April now instant, at nine of the clock in the forenoon, at which time you are to appear and make your defence, or otherwife the faid commiffioners will proceed to the hearing and determining thereof as if you were prefent. Dated at the office above-mentioned the fourth day of April 1789., By order of the faid commiffioners, To Mr. Benjamin Hawes, Thames-ftreet. M. W. MAYOW. If you bring counsel or attorney, and do not give two days notice thereof, he will not be heard. 8th April 1789. Mr. Hawes appeared in perfun; when called on to plead, said he was guilty of having the fack in his poffeffion, but not guilty of any intent to defraud the king of his duty. The com miffioners however recorded a plea of Chief Office in London for the Duties of Excife, &c. Be it Conviction, remembered, &c. (fet out the whole of the information): And thereupon afterwards, to wit, on the eighth day of April, in the year of Our Lord 1789, at the faid chief office of excife in London, the faid Benjamin Hawes having been previously duly fummoned, in purfuance of our fummons iffued for that purpose, to appear and make defence to the faid information, now here appears in his proper perfon before us William Lowndes and Stamp Brookfbank, efquires, and the honourable John Lutterell Olmius, three of the laid commiffioners of excite and for the duties on starch, to answer and make defence to the matter contained in the faid information, and having heard the fame, he the faid Benjamin Hawes is afked by us the faid commiffioners if he can fay any thing for himfelf why he fhould not be convicted of the premises above charged upon him for the caufes in the faid information mentioned, and why the faid ftarch, with the package containing the fame, fhould not be condemned as forfeited: And Confeffion thereupon he the faid Benjamin Hawes voluntarily confessed that the facts. the fact and facts there charged in the faid information is and are true, in the manner and for n as is therein and thereby fet forth; it is therefore now here confidered by us the faid three laft men- Judgment tioned commiffioners that the faid Benjamin Hawes be convicted, and he is accordingly by us convicted of the offence charged upon. him ก Hh 3 conviction. of of him in and by the faid information; and we the faid commiffioners do hereby adjudge that the faid three hundred and ten pounds weight of ftarch, together with the boxes and things wherein the fame was contained, were and are forfeited, and we do further adjudge that the faid Benjamin Hawes hath also for his faid offence forfeited and do forfeit the fum of fifty pounds of Diftribution of lawful money of Great Britain, one moiety of the faid forfeiture forfeiture and and penalty to go and be paid to our faid lord the king, and the penalty. other moiety to the faid John Scott the informer, according to the form of the ftatute in that cafe made and provided; in witnefs whereof we the said last mentioned commiffioners to this record of condemnation and conviction have hereunto fet our hands and feals, at the chief office of excife in London, the eighth day of April, in the year of Our Lord 1789. Proceedings in the appeal. WM. LOWNDES. (L. S.) John Axford being approved by the commiffioners of appeal as a fecurity with the claimant to pay the penalty adjudged by the commiffioners of excise in cafe their judgment should be affirmed, they entered into the following bond which thould have been made to his majefty, inftead of the commiffioners of appeal. KNOW ALL MEN by these prefents, that we Benjamin Hawes, Whereas by a certain conviction under the hands and feals of William Lowndes and Stamp Brookfbank, efquires, and the honourable John Lutterell Olmius, three of the commiffioners and governors duly nominated and appointed by his majefty for the receipt of the excife and duties upon ftarch, bearing date on or about about the eighth day of April 1789, the faid laft-mentioned commiffioners condemned as forfeited three hundred and ten pounds weight of starch, with the packages containing the fame, feized by one Richard Lindus in a certain room in the house of the faid Benjamin Hawes, for that the fame was there lodged with an intent to defraud his majesty of his duty thereon, and alfo convicted the faid Benjamin Hawes in the penalty of fifty pounds, he being the perfon in whofe poffeffion the faid ftarch was fo found, as by the conviction, reference being thereto had, may among other things more fully and at large appear: And whereas the faid Benjamin Hawes, finding himself aggrieved by the faid judgment and conviction, hath entered and lodged his appeal with the faid Daniel Bull, George Chad, and John Cowflade fo being fuch commiffioners for appeals as aforefaid, against the faid judgment and conviction: Now the condition of this Condition, obligation is fuch, that if on hearing of the faid appeal the said judgment of condemnation and conviction fhall happen to be affirmed, and the faid Daniel Bull, George Chad, and John Cowflade, or any other of the commiffioners for appeal for the time being, fhall adjudge the faid Benjamin Hawes to pay the faid fum of fifty pounds or a lefs fum than fifty pounds, and the above bounden Benjamin Hawes and John Axford, or either of them, their or either of their heirs, executors, or admininistrators do well and truly pay or caufe to be paid unto the faid Daniel Bull, George Chad, and John Cowflade, or either of them, their or either of their executors, adminiftrators, and affigns fuch fum of fifty pounds, or a lefs fum than fifty pounds, as the faid Benjamin Hawes fhall be adjudged to pay by the faid commiffioners of арpeals, then this obligation to be void and of no effect, or else to be and remain in full force and virtue. Sealed and delivered, being firft duly stamped, in the presence of Between &c. BENJAMIN HAWES, Appellant. JOHN SCOTT, Refpondent. Take notice that I fhall appeal to the commiffioners for appeals Notice of the and regulating the duty of excife, or the major part of them, at appeal. the next general court of appeals, against a judgment of conviction lately given by you against me on Wednesday the eighth day of April inftant, in a certain information lately exhibited against me by the above named refpondent for the forfeiture of three hundred and ten pounds weight of ftarch, the same having been found lodged in my houfe, &c. and feized by virtue of a warrant, &c. alfo for fifty pounds for the fame: And therefore I do hereby request and require that fuch your conviction may be forthwith fent to the commiffioners of appeals, or the major part of them, as well for the purpose of my having a copy thereof to inftruct counsel by on fuch my intended appeal, as also that my Hh 4 |