case the queen against green Qure if a penal statute say that prosecution  shall be in so many day whether they shall be inclusive or exclusive take the  court be move to quash a conviction upon the statute whether c against a baker  for sell of bread exception be take to the conviction the first exception be  that it appear upon the conviction that information be give the eight day of a  offence do upon the five and the Act of parliament require the information to  be give in three day after the offence commit Parker chief justice it be not  settle whether the time in this Act of parliament be to be take inclusive or  exclusive for the law allow no fraction of a day general computation of time  in penal law be take inclusive Eyre justice this be a point that have never be  settle powys senior be of opinion that the three day be to be reckon exclusive  the second exception be that the conviction set forth the bread to be buy at  house mansionalem sive shopam of the baker situate in the parish of saint  sepulchre in the county of Middlesex within the jurisdiction of the justice  and it be say that it be uncertain whether the bread modern report be buy at  the shop or the house and uncertain which of the two be situate in the county  of Middlesex within the jurisdiction and consequent uncertain whether the  justice have jurisdiction powys justice both house and shop must be situate c  for the word situate plain relate to both the three exception be that the  conviction set forth that be debit summon and not appear they proceed c  whereas natural justice require modern report er p that the defendant shall  have have a reasonable time allow he for the make his defence Parker chief  justice this be a material objection it be not say that he be summon to appear  at a certain time or any time or when the summons be make powys junior it be  to be consider whether when it be say that he be debit summon the word debit  do not import all reasonable circumstance relate to that summons and I be of  opinion it do a that appearance supply the place of summons the case of the  king v the mayor of Wilton and the queen v king be quote note to former  edition a the four exception be that the evidence upon which he be convict be  not set forth it be say indeed that the witness be swear de in point of fact  prmissorum but it do not appear what the answer of the witness be it be only  say that it do appear from what be swear to the justice that he be guilty but  it ought to have appear so to the court from the nature of the evidence  special set forth and the court be of this opinion a see king v baker stram  king v theed stram king v Lloyd stram king v Simpson ante post king v Vipont  burr king v aikin burr king v Kempson Cowp king v killet burr king v read  dougl that the evidence must be set out in the conviction a Eyre justice there  may be another exception take to the conviction for I be very doubtful whether  a justice of peace can by this statute upon default proceed to judgement the  conviction be quash nisi