weight of [Saccharin]-the duties of Customs for which had not been paid or secured-of the value including the duty payable thereon of £ sterlingthe said goods being then and there goods liable to the payment of duties of Customs to His said Majesty on the importation thereof into the United Kingdom with intent to defraud His said Majesty of certain duties due and payable thereon, contrary to the Statute in that case made and provided. Whereby and by force of the Statutes made and provided the said A. B. hath forfeited and lost the sum of £ sterling, which said sum-being the treble duty-paid value of the said goods-the said Attorney-General avers that the Commissioners of His said Majesty's Customs have elected to sue for in lieu and instead of the penalty of One hundred pounds sterling. Second Count.-And the said Attorney-General, who prosecutes as aforesaid, doth on behalf of His said Majesty further give the Court here to understand and be informed: That the said A. B. on the day of in the year aforesaid in the United Kingdom, to wit at the place aforesaid, did then and there knowingly acquire possession of certain uncustomed goods, that is to say weight of [Saccharin] the duties of Customs for which had not been paid or secured-of the value, including the duty payable thereon, of £ sterling-the said goods being then and there goods liable to the payment of duties of Customs to His said Majesty on the importation thereof into the United Kingdom-with intent to defraud His said Majesty of certain duties due and payable thereon contrary to the Statute in that case made and provided. Whereby and by force of the Statutes made and provided the said A. B. hath forfeited and lost the sum of £ sterling, which said sum-being the treble duty-paid value of the said goods-the said Attorney-General avers that the said Commissioners of His said Majesty's Customs have elected to sue for in lieu and instead of the penalty of One hundred pounds sterling. Third Count. And the said Attorney-General who prosecutes as aforesaid doth on behalf of His said Majesty further give the Court here to understand and be informed: That the said A. B. on the day of aforesaid in the year aforesaid in the United Kingdom, to wit at the place aforesaid, was then and there knowingly concerned in carrying, removing, depositing, concealing and dealing with certain uncustomed goods that is to say weight of [Saccharin]-the duties of Customs for which had not been paid or secured-of the value including the duty payable thereon of £ sterling-the said goods being then and there liable to the payment of duties of Customs to His said Majesty on the importation thereof into the United Kingdom-with intent to defraud His said Majesty of certain duties due and payable thereon, contrary to the Statute in that case made and provided. Whereby and by force of the Statutes made and provided the said A. B. hath forfeited and lost the sum of £ sterling, which said sum-being the treble duty-paid value of the said goods-the said AttorneyGeneral avers that the Commissioners of His said Majesty's Customs have elected to sue for in lieu and instead of the penalty of One hundred pounds sterling. Fourth Count.-And the said Attorney-General who prosecutes as aforesaid doth on behalf of His said Majesty further give the Court here to understand and be informed : That the said A. B. on the day last aforesaid in the year aforesaid in the United Kingdom, to wit at the place aforesaid, was then and there knowingly concerned in a fraudulent evasion of certain duties of Customs, and of the laws and restrictions of the Customs relating to the importation, unshipping, landing and delivery of certain goods contrary to the Customs Acts, that is to say, divers, to wit weight of [Saccharin] -the duties of Customs for which had not been paid or secured-of the value including the duty payable thereon of £ sterling-the said goods being then and there goods liable to payment of duties of Customs to His said Majesty on the importation thereof into the United Kingdom-with intent to defraud His said Majesty of certain duties due and payable thereon contrary to the Statute in that case made and provided. Whereby and by force of the Statutes made and provided the said A. B. hath forfeited and lost the sum of £ sterling, which said sum -being the treble duty-paid value of the said goods -the said Attorney-General avers that the Commissioners of His said Majesty's Customs have elected to sue for in lieu and instead of the penalty of One hundred pounds sterling. Wherefore His said Majesty's Attorney-General on behalf of His said Majesty prayeth the consideration of this Court in the premises, and that the said sums of money so respectively forfeited and lost to His said Majesty by the said A. B. may be adjudged to His said Majesty. Pleas to Informations. IN THE HIGH COURT OF JUSTICE. King's Bench Division. (King's Remembrancer.) A. B. at the suit of His mation. The said A. B. by C. D. his Attorney for Plea in this behalf says that he is not guilty of the several offences or of any or either of them in the Counts of the said Information charged supposed to have been by him done and committed contrary to the form of the Statutes therein mentioned in manner and form as by the said Counts of the said Information Not is above supposed and of this he putteth himself upon the Country. Guilty. And for further plea in this behalf the said A. B. saith that the goods in the Count of the said Information mentioned did not nor did Non any part thereof come to the hands and possession of him the said devenerunt. A. B. contrary to the form of the Statute in that case made and provided in manner and form as by the said Count of the said Information is above supposed and of this he putteth himself upon the Country. Not indebted. And for further plea in this behalf the said A. B. saith that he is not indebted unto His said Majesty in the several sums of money in the said Information mentioned or any or either of them or any part thereof in manner and form as in and by the said Information is charged against him and of this he putteth himself upon the Country. IN THE HIGH COURT OF JUSTICE. King's Bench Division. (King's Remembrancer.) A. B. claiming at the suit of the AttorneyGeneral. By Infm. of Seizure. in the year of our Lord 19. A. B. appears here in Court by C. D. his Attorney and claims the property of the Goods and Commodities mentioned in the said Information to belong to him and for plea in this behalf saith that the said Goods and Commodities did not become nor are they for feited for the several causes in the said Information mentioned or any or either of them in manner and form as in and by the said Information is charged and this he prays may be enquired of by the Country. And the Attorney-General of our Lord the King as to the Plea of the Defendant herein whereof he hath put himself upon the Country saith that he doth the like. Therefore let a Jury come. Pleadings on an Information for Penalties. For a penalty of £100 due to His Majesty under sect. of the Between HIS MAJESTY'S ATTORNEY-GENERAL (on behalf of His Majesty) A. B. The Middlesex i Sir the Attorney-General for our Sovereign Lord the King to Wit. who prosecutes for His Majesty in this behalf informs the Court as follows:-[set out the statutes and the facts]. The Defendant thereby became liable to a penalty not exceeding £ Wherefore the said Attorney-General prayeth the consideration of the Court to the premises and that the said sum of £ may be adjudged to His Majesty. Plea. In answer to the Information herein the Defendant A. B. says that he is not guilty and of this the Defendant puts himself on the Country. Dated Similiter. And the Attorney-General of our Lord the King as to the plea of the Defendant herein whereof he has put himself upon the Country saith that he doth the like. Therefore let a Jury come. Dated To the Defendant, his Solicitor or Agent. Pleadings on an Information for Damages for Breach of a Contract to purchase Goods. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. (Queen's Remembrancer.) Middlesex The 18th day of February in the year of our Lord 1891. Sir RICHARD Everard WEBSTER Knight the Attorney-General to Wit. for Our Sovereign Lady the Queen who prosecutes for Her Majesty in this behalf informs the Court that by a contract in writing dated the 23rd day of October 1889 and made between Her Majesty's Principal Secretary of State for War on behalf of Her Majesty and the Defendants, the Defendants agreed to purchase from the said Secretary of State who agreed to sell to the Defendants 1200 tons of steel scrap then lying at the Royal Arsenal Woolwich and there to be delivered by the said Secretary of State to the Defendants at the price of 758. 3d. per ton and upon the terms that the same should be taken by the Defendants with all faults and errors and without question on their part and be removed by them from the Royal Arsenal Woolwich on or before the 15th March 1890 and as to any part of the said 1200 tons of steel scrap not removed by the Defendants prior thereto that the same should be forfeited and any loss arising in default on the sale thereof by the said Secretary of State should be charged against and paid by the Defendants to the said Secretary of State. And the said Attorney-General who prosecutes as aforesaid further informs the Court that the said Secretary of State delivered and the Defendants accepted delivery of 66 tons part of the said 1200 tons of steel scrap and removed and paid for the same as provided by the said contract and although the said Secretary of State was always ready and willing to deliver the residue thereof to wit 113318 tons of steel scrap and to permit the Defendants to remove the same from the said Arsenal whereof the Defendants had notice and the time limited for removing and paying for the same as aforesaid elapsed yet the Defendants did not remove the said 113318 tons of steel scrap from the Arsenal or pay for the same but on the contrary refused to do so and wholly repudiated their contract with respect thereto and thereupon the said 11338 tons of steel scrap were in accordance with the said contract sold as in default by the said Secretary of State for War at a loss of £849 188. arising on such sales within the intent and meaning of the said contract and according to the particulars hereunder specified namely Value of steel scrap at the contract price Viz. 1133 tons at 75s. 3d. per ton Sold in default of the Defendants as under 1042 tons at 608. 6d. per ton 911 tons at 578. 6d. per ton £ 8. d. 4265 14 8 3152 1 0 3415 16 8 £849 18 0 Wherefore the said Attorney-General prayeth the consideration of the Court to the premises and that the said sum of £849 18s. (together with interest thereon at 5 per cent. per annum from the 1st day of January 1891) may be adjudged to Her Majesty. As to the plea of the said A. B. & Co. by them pleaded to the said Information Her Majesty's said Attorney-General on behalf of Her Majesty joins issue thereon. Delivered the day above written by Hare & Co. Agents to the Solicitor for the affairs of Her Majesty's Treasury. L Pleadings on an Information for Damages for Breach of a Contract of Service. Indorsement of Subpœna. For the recovery of.... for damages due from you to His Majesty for breach of an agreement dated 27th January 1902 and made between you and His Majesty's Principal Secretary of State for the War Department. Less the sum of due to you from the said Secretary of State. £ s. d. 159 0 0 28 9 3 |