3. Licence. at I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,That on or about the Day of Eighteen hundred and in the County of , A. [design him], being a Maltster [or Distiller, or as the Case may be], did make or manufacture Malt [or Spirits, or as the Case may be], for the making or manufacturing [or did exercise or carry on the Trade or Business of a for the exercising or carrying on] of which a Licence was by Statute required, without taking out such Licence. Contrary to the Act 6 Geo. IV. Cap. 81. Sect. 26. Whereby the said A. has forfeited the Sum of £ 4. Entry. at I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,— That on or about the Day of Eighteen hundred and in the County of A. [design him], a Person carrying on the Trade or Business of [specify it], under or subject to certain Laws of Excise, did make use of a House [or Building, or Vessel, or Utensil, [or as the Case may be], for the making of [or for the retailing or storing, or as the Case may be], Spirits or Malt, or as the Case may be]; of which House (or as the Case may be], Entry was by Statute required to be made; without having made Entry thereof by delivering such true and particular Account thereof as by Law is required, to the Officer of Excise in whose Survey such House [or as the Case may be] was intended to be used as aforesaid. Contrary to the Statute 4 & 5 Will. IV. Cap. 51. Sect. 6. Whereby the said A. has forfeited the Sum of £200. 5. Concealing Goods. Day of at I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,That A. [design him] on or about the , Eighteen hundred and in the County of did remove, deposit, or conceal, or was concerned in removing, depositing, or concealing, certain or other Goods or Commodities, being of the Value of £ for or in respect whereof a Duty of Excise was and is imposed, with Intent to defraud Her Majesty of the said Duty. Contrary to the Statute 7 & 8 Geo. IV. Cap. 53. Sect. 32. Whereby the said A. has forfeited the Sum of £ being Treble the Value of the said Goods and Commodities, which the Commissioners of Excise have elected to take in lieu of the Penalty of £100. 6. Not cancelling Permit. I, the Right Honourable A.B., Her Majesty's Advocate, on behalf of Her Majesty, inform the Court,1st Count,-That at the Time of committing the several Offences after mentioned, A. [design him] was a Dealer in or Retailer of] Spirits, and, as such, had provided himself with a Book, as prescribed by the Act 11 & 12 Vict. Cap. 121, for the Purpose of entering therein such Particulars relating to Spirits to be received into his Stock, Custody, or Possession as by the said Act Dealers in [or Retailers of] Spirits were and are required to make due Entries of: And that the said A. did, on or about the Day of Eighteen hundred and in the County of , receive into his Stock, Custody, or Possession, Fifty Gallons, or other large Quantity of Spirits: Yet the said A. did not, at any Time on the said Day on which the said Spirits were so received by him, make, or cause to be made, due Entries in his said Book, of the several Particulars by the said Act required to be entered therein relating to the said Spirits. Contrary to the said Statute 11 & 12 Vict. Cap. 121. Whereby the said A. has incurred the Penalty of £100. at at Day 2d Count, That the said A., being a Dealer in [or Retailer of] Spirits, did, on or about the of Eighteen hundred and in the County of receive Fifty Gallons or other Quantity of Spirits, which were, at the Time when they were so received by him, accompanied by a true and lawful Permit [or Certificate]; and the said A. did then and there receive such Permit [or Certificate] with the said Spirits; yet the said A. did not, immediately on receiving such Permit [or Certificate] cancel the same in the Manner directed by the said Statute, so as to prevent the same being again used for the Removal of Spirits, contrary to the said Statute 11 & 12 Vict. Cap. 121. Whereby the said A. has incurred the Penalty of £50. 7. Private Still. I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,— That on or about the Eighteen hundred and County of at Day of in the B. and C., Officers of Excise, did discover and seize a certain private or concealed Still for making Spirits, in a certain House, [or Place, or as the Case may be], in which the same had been or was then set up or kept by A. [design him], or other Person to Her Majesty's Advocate unknown, not licensed to that Effect: And the said Still was not, within Ten Days after such Seizure, claimed by any Person as the Owner thereof: And the said A. was the Proprietor of the said Still, or the same was found in his Custody. Contrary to the Statute 3 Geo. IV. Cap. 52. Sect. 13 and 14.: Whereby the said A. has forfeited the Sum of £200 for the said Place in which said Still was found, and the further Sum of £200 for the said Still. at 8. Seizure. I, the Right Honourable A. B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,That B., Officer of Excise, on or about the in the Year in the County of Bushels of Malt or thereby, in respect,— Day of did seize and arrest to the Use of Her Majesty, as forfeited, 100 1st Count, That the said Malt was, by a Person to Her Majesty's Advocate unknown, fraudulently deposited, concealed, or conveyed away from the Sight of the Officers of Excise. Contrary to the Statute 7 & 8 Geo. IV. Cap. 52. Sect. 40. Whereby the said Malt became forfeited. 2d Count, That the said Malt was in the Custody or Possession of a Person to Her Majesty's Advocate unknown, the same being Malt which had been removed, carried or sent away from the Building and Place where the same had been made, before the said Malt had been taken account of and charged with Duty, such Person knowing the same to have been so removed, carried, or sent away. Contrary to the Statute 7 & 8 Geo. IV. Cap. 52. Sect. 41. Whereby the said Malt became forfeited. 3d Count, That on or about the County of Day of in the Year at in the the said Malt, being Goods and Commodities for and in respect whereof a certain Duty of Excise was imposed, was removed or deposited or concealed, with Intent to defraud Her Majesty of such Duty, or of a certain Portion thereof. Contrary to the Statute 7 & 8 Geo. IV. Cap. 53. Sect. 32. became forfeited. 9. Customs. Whereby the said Malt at in the I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,— 1st Count, That on or about the Day of in the Year County of [design him], Grocer and Spirit Dealer, was knowingly concerned in conveying, removing, depositing, concealing, or dealing with 80 Pounds Weight or thereby of Tobacco, or other Goods, liable to Duties of Customs, with Intent to defraud Her Majesty of the Duties thereon. Contrary to the Statute 16 & 17 Vict. Cap. 107. Sects. 232. and 263. Whereby the said A. has forfeited the Sum of £ being Treble the Value of the said Tobacco or other Goods, for which the Commissioners of Customs have elected to sue. Day of in the Year at 2d Count, That on or about the in the County of the said A. did carry, convey, or conceal, or was aiding, assisting, or concerned in the carrying, conveying, or concealing of 80 Pounds Weight or thereby of Tobacco, then and there liable to Forfeiture under the Act, 16 & 17 Vict. Cap. 107. Sects. 209, 234, and 263. Contrary to the said Statute. Whereby the said A. has forfeited the Sum of £ being Treble the Value of the said Tobacco, for which the Commis sioners of Customs have elected to sue. 10. Legacy Duty. Day of at I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That on the Day of in the Year A. [design him] was indebted to Her Majesty in the Sum of £ by virtue of the Statute 55 Geo. III. Cap. 184. Schedule, Part 3, inasmuch as B. [design him], deceased, by certain Testamentary Instruments, gave to C. the clear Residue of the Monies to arise from the Sale or other Disposition of certain heritable Estates of the said B. by the said Testamentary Instruments directed to be sold or otherwise disposed of: That on the in the Year in the County of the said B. died, without revoking or altering the said Testamentary Instruments as to the said Residue, so given as aforesaid: That the said clear Residue was more than the Value of £20: That the said A. was a Trustee to whom the said heritable Estate, out of the Monies to arise from the Sale or other Disposition of which the said clear Residue so given was to be paid or satisfied, was devised; and being such Trustee, he retained, for the Benefit of the said C., the Sum of £ or thereby, a Part of the said clear Residue, on which Part thereof the Duty which was chargeable was the said Sum of £ ; and the said A. did not, before retaining as aforesaid, first pay the said Duty to Her Majesty. Contrary to the said Statute, Whereby the said A, is indebted and liable to pay to Her Majesty the said Sum of £ I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That on the Day of in the Year A. [design him] was indebted to Her Majesty in the Sum of £ by virtue of the Statutes 48 Geo. III. Cap. 149. Sect. 38. and 55 Geo. III. Cap. 184. Schedule, Part 3, for Double the Amount of Stamp Duty which would have been payable by the said A. upon a certain Inventory of the Personal and Moveable Estate and Effects, in Scotland, of the Value of £ [design him], who died after the 1st of January 1842, that is to say, on or about the the Year or thereby, of B. Day of in which Inventory the said A, although he had intromitted with and entered upon the Possession and Management of the said Estate and Effects more than Six Calendar Months before the said Day of in the Year and ought before that Day to have exhibited such Inventory in the proper Commissary Court in Scotland, neglected to exhibit the same within the Time prescribed for that Purpose. Contrary to the said Statutes. Whereby the said A. is indebted to Her Majesty in the said Sum of £ I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That A. [design him] became beneficially entitled upon the Death of B., on the Day of in the Year to certain Heritable or Real Property, situated in the County of in Possession, or to the Receipt of the Income or Profits thereof, for a Period not less than the Residue of his Life: That the annual Value, after Allowance of all necessary Outgoings of the said Property, was £ That the Value of the said Succession, in Terms of the Statute 16 & 17 Vict. Cap. 51, amounted to the Sum of £ , and the Duty payable thereon to the Sum of £ : That the said Duty was payable by Eight Half-yearly Instalments, and the Periods when the First and Second Half-yearly Instalments of the same were payable are past, and the said Instalments have not been paid to Her Majesty: That the said Instalments of Duty were finally ascertained on the Day of ; and the said A. has wilfully neglected to pay the same within Twenty-one Days from the said Date when such Duty was so ascertained. Contrary to the Statute 16 & 17 Vict. Cap. 51. Whereby the said A. became indebted to Her Majesty in the sum of £ being the amount of the said First and Second Instalment of Succession of Penalty for Neglect as aforesaid of Payment of for every Month after the First Month during which such Neglect has Duty; and liable to pay to Her Majesty the Sum of £ 13. Succession Duty.—(Personal Property). Day of I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That A. [design him] became beneficially entitled, upon the Death of B., on the Eighteen hundred and to a certain Sum of Money amounting to £ That the said B. obliged himself, by the antenuptial Marriage Contract entered into between him and his Wife, to pay, Six Months after his Death, to the Child or Children of the said Marriage the said Sum; and the said A. is the only Child of the said Marriage: That the said A. became entitled in Possession to the said Succession or to the Receipt of the Income thereof, upon the Day of Eighteen hundred and and the Succession Duty thereon was then payable: That the said Duty amounts to the Sum of £ and has not been paid to Her Majesty: That the said Duty was finally ascertained on the Eighteen hundred and and the said A. has wilfully neglected to pay the same within Twenty-one Days from the said Date when such Duty was so ascertained. Contrary to the Statute 16 & 17 Vict. Cap. 51. Whereby the said A. became indebted to Her Majesty in the said Sum of £ , being the Amount of the said Succession Duty; and liable to pay to Her Majesty the Sum of £ of Penalty for Neglect of Payment of said Duty, and a like Sum of £ of Penalty for every Month after the First Month Day of during which such Neglect has continued and shall continue. 14. Crown Teinds. I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,1st Count, That on the Her Majesty in the Sum of £ County of the Crops of the Years in the Day of in the Year A. [design him] was indebted to due and owing by him for the Teinds of the Lands of after Deduction of Stipend payable therefrom, which Teinds belong to Her Majesty for and intervening Crops, and I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That on the Day of in the Year A. [design him] did make, sign, or issue a certain Promissory Note for the Payment of a Sum of Money amounting to Five Pounds, and not exceeding One hundred Pounds, in another Manner than to the Bearer on Demand, liable to the Payment of Stamp Duty charged by the Statute 17th & 18th Vict. Cap. 83., without the same being duly stamped or marked with the proper Stamp or Mark as by Law is directed, that is, a Promissory Note, bearing Date the Day of in the Year Months after Date, to the Order of B., of the Sum of £ other Promissory Note, liable to a Stamp Duty of without the same being duly stamped or marked with the Stamp or Mark indicating the Payment of the said Duty, contrary to the Statutes 55 Geo. III. Cap. 184, 17th & 18th Vict, Cap. 83, and other Statutes, whereby the said A. has forfeited the Sum of £50. for the Payment Day of I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court,— That on or about the in the Year A. [design him] did write or sign or cause to be written or signed a certain Receipt or Discharge, given for or upon the Payment of a Sum of Money amounting to Two Pounds and upwards, that is to say, £ liable to the Payment of Stamp Duty charged by the Act 16th & 17th Vict. Cap. 59, upon a Piece of Paper, without the same being first stamped, or marked with the Stamp or Mark impressed upon the Paper, and without having the adhesive Stamp affixed thereto, as by Law is directed, contrary to the Statutes 35 Geo. III. Cap. 55, and 16th & 17th Vict. Cap. 59, and other Statutes, whereby the said 4. has forfeited the Sum of £10 [or £20]. at 17. Attorney Certificate Duty. I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That in the County of between the Day of in the Year of and the Day of the Lodging of this Information, 4., in the County of Writer, did, for and in Expectation of Gain, Fee, or Reward, commence, carry on, or defend a certain Action, Suit, and Proceeding in a certain Court in Scotland as a Solicitor, Attorney, and Procurator, and Agent of the said Court, without having first duly obtained a proper stamped Certificate in the Manner in the Statute directed, contrary to the Statute 9 Geo. IV. Cap. 49. Sect. 9, whereby the said A, has forfeited the Sum of £50. 18. Post Horse Duty. in the Year I, the Right Honourable A.B., Her Majesty's Advocate, on the Behalf of Her Majesty, inform the Court, That on the Day of in the County of , A., having a Licence to keep at One Time to be let for Hire One Horse, did keep at One Time to be let for Hire a greater Number of Horses, viz., Two Horses, than he was by the foresaid Licence authorized to keep at One Time to be let for Hire. Contrary to the Statute 16th & 17th Vict. Cap. 88, Sect. 15. Whereby the said A. has forfeited the Sum of £100. SCHEDULE C. The Jury find for the Queen; or The Jury find for the Defender; or The Jury find for the Queen [or, the Defender,] on the First Count; and for the Defender [or the Queen] on the Second Count [or as the Case may be.] [To be written on the Information, and signed by the Clerk of Court.] I [Name and Designation] hereby certify, That the foregoing Appraisement made by me, in order to be returned this Eighteen hundred and [To be signed by the Officer making the Seizure, or other Officer of the same Department of the Revenue.] SCHEDULE E. CLAIM FOR SEIZURE. Claim for Goods seized by [Name and Designation], Officer of Inland Revenue (Excise Branch), [or as the I [Name] Distiller, [or as the Case may be] residing at declare that I am the Owner of the Goods Day of Eighteen contained in the Appraisement made by [Name and Designation], dated the hundred and , and I claim the same. SCHEDULE F. [To be signed by the Claimant.] Note of Appeal for A.B. [design him], Supervisor of Excise for [or as the Case may be.] In the Information in the Excise Branch of the Inland Revenue, [or the Stamps Branch of the Inland [or,] In the Matter of the Warrant of Commitment of the said A.B., granted upon the Application [or [or the Sheriff of the County of The Appellant hereby appeals against a Judgment [or Warrant of Commitment, or as the Case may be,] of the said Justices, dated [specify Date], signed by [name the Justice or Justices by whom signed, and state that they are Justices.] and In respect whereof, &c. [To be signed by any Solicitor of Revenue, or by any Agent before the Court of Session.] SCHEDULE G. WARRANT TO BE SUBJOINED TO EXTRACTS OF EXCHEQUER DECREES IN FAvour of the Crown. And the said Lords command and charge all Sheriffs of Counties, and each of them, conjunctly and severally, to put this Decree in execution in manner under-written, that is to say, in Her Majesty's Name, to cause charge the said A. personally, or at his Dwelling Place, if within Scotland, and if furth thereof, by delivering a Copy of Charge at the Office of the Keeper of the Record of Edictal Citations, at Edinburgh, to make Payment of the foresaid Sum or Sums of Money, Principal, Interest, and Expenses, [or to implement and perform the foresaid Obligations, or both to pay and perform, as the Case may require,] all in Terms of and to the Effect contained in the Decree above written, and here referred to and held as repeated brevitatis Causa; and that to them the said Sheriffs, or One or other of them, on the Behalf of Her Majesty, within Six Days next after he is charged to that Effect, under the Pain of Poinding and Imprisonment; and also to cause arrest the said A.'s readiest Goods, Gear, Debts, and Sums of Money, in Payment and Satisfaction of the said Sum, Interest, and Expenses; and also to cause seize and detain the Books of Accounts, and other Books and Papers of the said A.; and if the said A. shall fail to obey the said Charge to be given to him as aforesaid, then to cause poind the readiest Goods, Gear, or other Effects of the said A., and, if needful for effecting such Poinding, to cause open all shut and lockfast Places, in Form as Effeirs; and also, in the same Event, that the said A. shall fail to obey the said Charge, then to cause search for, take, and apprehend the Person of the said A., and being so apprehended, to cause imprison the said A., within a Tolbooth or other warding Place, therein to remain until he fulfil the said Charge, and if necessary for that Purpose to open shut and lockfast Places; and to grant Warrant also to the Magistrates and Keepers of Prisons to receive and detain therein the said A. Extracted [Specify Place and Date] by [Extractor's Signature.] SCHEDULE H. Day of EXECUTION OF CHARGE AGAINST CROWN Debtor. on the Upon the Messenger-at-Arms, [or Sheriff Officer,] by virtue of, [state Nature and Date of Extract and Decree whereupon it proceeds], at the Instance of Behalf of Her Majesty against A., [specify Name and Designation of Crown Debtor or Obligant,] passed and in Her Majesty's Name and Authority lawfully charged the said A. to [state what the Party has been charged to do; if to pay Money, specify the Sum, Interest, and Expenses; or if to fulfil an Obligation, specify it as in the Extract], and that to C.D., Sheriff of the County of for the Behoof of Her Majesty, within Six Days next after the Date of my said Charge under the Pain of Poinding and Imprisonment. This I did [state Mode of Execution, whether personally or otherwise], before and in Presence of E., Witness to the Premises. of [Witness's Signature.] SCHEDULE I. [Messenger's or Officer's Signature.] CERTIFICATE OF REGISTRATION OF EXECUTION OF CHARGE IN SHERIFF Court. Presented by A.B., [Name and Designation,] and registered in the particular Register of Hornings for the Shire on the Day of [Place and Date.] SCHEDULE K. WARRANT TO IMPRISON. [Keeper or Clerk's Signature.] The Charge being expired, and registered as per Execution and Certificate produced, grant Warrant to search for, take, and apprehend the Person of the said A, [Name of Debtor or Obligant,] and being so apprehended to imprison him within a Tolbooth or other warding Place, therein to remain until he fulfil the said Charge; and, if necessary for that Purpose, to open shut and lockfast Places; and Warrant also to Magistrates and Keepers of Prisons to receive and detain the said 4. accordingly. [To be signed by Sheriff.] |