recover against him the said penalty, to his own use, together with his costs in this behalf expended.

Where the owner of the land prosecutes, the warrant may be the same as form (4) only stating that the owner gave information.

The judgment as before to the word dollars,' then say, ' to be paid to the overseers of the poor of the district of for the use of the

poor of said district.'

On the first judgment, an execution may issue in favour of the informer, as in other cases.

But in the other case a warrant for distress and sale seems the most proper.

(B) To the constable of

county, to wit.

Whereas A O. hath been duly convicted before me, by the oath of A M, of having unlawfully hunted and ranged upon the lands of the said A M, in the parish of in this county, and was adjudged to pay the sum of three dollars, and the costs, for the said offence, amounting to cents. You are therefore hereby required to levy the said sum of three dollars and cents, by distress and sale of the goods and chattels of the said A O, proceeding therein as the law directs; and that you pay the said sum of three dollars, when levied, to the overseers of the poor of the district of for the use of the poor of the said district; and that you make return of this warrant, with an account of what you shall have done therein, to me, or some other justice of the peace for this county, on or before the next. Given, &c.

day of

(C) Recognizance, on a third conviction.

(The penalty must be for thirty dollars, and may be the same as form (A) under title RECOGNIZANCE,' with the following condition.)

The condition of the above recognizance is such, that whereas the above bound A O hath been a third time duly convicted before me, a justice, &c. of hunting on the lands of A M, without a license first had and obtained from the said A M for that purpose; if, therefore, the said A ( shall be of good behaviour for one whole year from the date hereof, then the above obligation to be void, else to remain in full force.

Acknowledged before me, JP.

Το

(D) Commitment, for want of recognizance.

county, viz,

constable, and to the keeper of the jail of the said county. Whereas A O, of, &c. hath a third time been duly convicted before &c. of hunting on the lands of A M, of, &c. without the license of the said A M, contrary to the act of Assembly in that case made and provided; and the said A O being now required before me to enter into a recognizance, according to law, for his good behaviour for one whole

year, hath refused so to do. These are, therefore, to require you, the said constable, to convey, the said A O to the common jail of this county, and deliver him to the keeper thereof, who is hereby required to keep him in safe custody, until he shall enter into a recognizance, with one or more sufficient sureties, to A G, governor of this commonwealth, and his successors, in the penalty of thirty dollars, for his good behaviour for one whole year from the date hereof, or until the expiration of one month, or until he shall be otherwise discharged by due course of law. Given under my hand and seal, &c.

(E) Warrant for killing deer at unseasonable periods.

to wit.

Whereas information hath been made before me, J P, a justice, &c. by A J, that A O, of, &c. between the first day of January and the first day of August, in this present year, did hunt and kill one deer, not being his own tamed, at aforesaid, contrary to the act of Assembly in that case made and provided. You are, &c. (Conclude as in form (A.)

The judgment, execution, &c. may be varied, as directed under form (4) except that in this case, where the conviction is on the oath of the informer, the penalty must be directed to go to the overseers of the poor of the county, towards lessening the county levy.

The foregoing precedents may be easily altered to suit the offence of fire-hunting

HUSBAND, see WIFE.

IDEOTS, See LUNATICS.

IMPRISONMENT, see ARREST, COMMITMENT.

INCEST, SEE MARRIAGE.

IMPRESSMENTS.

WHENEVER it shall be necessary to impress any property for the use of the commonwealth, it shall be the duty of the officer or person who impresses the same to apply to a justice of the peace of the county wherein the property shall be impressed, who shall cause the same to be appraised by two disinterested respectable house-keepers, sworn for that purpose; and if the property so impressed be totally destroyed or lost in the service of the commonwealth, so that the same cannot be returned to the owner, the officer or person who impressed it shall so certify. Upon the owner producing such appraisement and certificate, the auditor of public accounts is authorised and required to issue a warrant for the amount of the appraisement, on the treasurer, who is directed to pay the same out of any monies in the treasury. Should the property impressed be restored to the owner, and he should conceive it had been injured in the service of the com

monwealth, he may, within five days thereafter, call on the same persons who first valued the said property, if to be found, who shall be sworn to determine the value at the time the same was restored to the owner; otherwise, any justice in the county where the property was impressed may cause two house-keepers to value the same upon oath as aforesaid. The justice or justices, as the case may be, shall certify to the auditor of public accounts such first and second valuation, with their true date, and the time such property has been restored; who shall, if the second valuation amount to a less sum than the first, issue a warrant for the difference, to be paid out of any money in the treasury. Provided nevertheless, That in all second valuations, the hire of such property shall be taken into consideration by the appraisers.

If it shall appear that such property has been injured by the officer or person who impressed it, or any other person, whereby the commonwealth has sustained an injury, it shall and may be lawful for any attorney, prosecuting on behalf of this commonwealth where such person resides, to recover the said damages, upon motion before any court of record within the commonwealth, ten days notice thereof having been previously given. But such person may, if required, have such motion tried by a jury, provided he will not delay the trial. 'See 2 Rev. Code, ch. 95, p. 121.

(A) Warrant to two housekeepers, to appraise property impressed.

county, to wit.

To A B and C D.

Whereas E S, sheriff of this county, hath this day given informa. tion to me, JP, a justice of the peace for the county aforesaid, that he hath impressed one horse (describe him) the property of F H, of the said county, for the purpose of conveying a convict from the jail of

to the penitentiary (or if any other property, or for any other purpose. mention it.) These are, therefore, to require you, having been first duly sworn for that purpose before me, or some other justice of the peace for this county, truly to appraise the said horse; and the valuation so made to return to the said F H, under your hands. Given, &c.

(B) Appraisement of the housekeepers.

We A B & C D, two house-keepers residing in the county of having been this day called on, pursuant to a warrant to us directed by JP, to appraise a certain horse (describe him) the property of FH, of the said county, impressed by E S, for the purpose of conveying a convict from the jail of to the penitentiary house in the city of Richmond, having been first duly sworn for that purpose, do appraise the said horse to the sum of Given, &c.

(C) Certificate of the sheriff or officer.

I do hereby certify that a certain horse (describe him) belonging to FH, of the county of impressed by me for the purpose of conveying a convict from the jail of to the penitentiary house in the city of Richmond, died while he was employed in the said service. Given, &c.

(D) Certificate of the first valuers, where the property is supposed to have been injured.

Whereas FH, of the county of

hath this day produced to us A B and C D, a certain horse (describe him) which was impressed by E S, sheriff of the said county, for the purpose of conveying a con vict from the jail of to the penitentiary house in the city of Richmond, and which horse was before valued by us to the sum of

and we having been again called on by the said F H, to certify the present value of the said horse, in consequence of the injury which he has sustained in the service of the commonwealth, as is alledged by the said F H; and being duly sworn for that purpose, are of opinion that his present value is only the sum of Given under our hands

this

day of

&c.

(E) Warrant for a second valuation, where the first valuers are not to be found.

to wit.

To JL and MO.

Whereas F H, of the said county, hath this day complained to me, JP, a justice of the peace for the county aforesaid, that a certain horse (describe him) impressed by E S, sheriff of the said county, for the purpose of conveying a convict from the jail of to the penitentiary house in the city of Richmond, and formerly appraised by A B and C D, hath been injured in the service of the commonwealth, and that the said A B and C D cannot now be found, to re-value the said horse. These are, therefore, to require you, having been first duly sworn for that purpose, to value the said horse, and his present value to certify to me, under your hands. Given, &c.

(F) Second valuation.

We J L and M O have, in pursuance of a warrant to us directed by JP, a justice of the peace for the county of after having been first duly sworn for that purpose, valued a certain horse (describe him) belonging to F H, of the said county, which was impressed by E S, sheriff of the said county, for the purpose of conveying a prisoner from the jail of to the penitentiary, and are only. Given, &c.

of opinion that his present value is

(G) Certificate of the justice.

To the auditor of public accounts.

was, on the

day of

I do hereby certify that a certain horse (describe him) the property of F H, of the county of pursuant to my warrant, to A B and C D directed, valued by them at the sum of that the said horse was impressed by E S, sheriff of the

said county, for the purpose, &c. and was in the service of the commonwealth days, when he was restored to the said F H, and was appraised by to the sum of

on the

ven, &c.

day of

Gi

If the first and second valuations were made in pursuance of warrants from different justices, then a certificate of the first and second valuation must be obtained from each justice separately.

INDICTMENT.

I. Indictment, what. II. What offences are indictable. III. Within what time an indictment should be brought. IV. How far several offenders, or several offences, may be joined in one indictment. V. Whether the grand jury may examine witnesses against the commonwealth. VI. How many witnesses are requisite for an indictment. VII. Whether a grand jury may find an indictment specially. VIII. Form of an indictment.

I. INDICTMENT, WHAT.

INDICTMENT cometh from the French word enditer, and signifies in law, an accusation found by an inquest of twelve or more, upon their oath, and as the appeal is ever the suit of the party, so the indictment is always the suit of the commonwealth, and, as it were, its declaration; and the party who prosecutes it is a good witness to prove it. And when such accusation is found by a grand jury, without any bill brought before them, and afterwards reduced to a formed indictment, it is called a presentment; and when it is found by ju rors returned to inquire of that particular offence only, which is indicted, it is properly called an inquisition. 1 Inst. 126. 2 Haw. 209.