case the queen against Simpson in a information on a penal statute it be  sufficient to lie the offence as commit between such a time and such a time  this be a conviction of deerstealing before justice of the peace upon the  statute will mary c a see Geo c and Vol hawk p c that edit page to a the  exception take be first that no certain time be lie for the commission of the  offence but only that between such a time and such a time the defendant do  steal One stag modern report in answer it be say that it have be take in the  case of the king v chandler b ld raym salk see also Mod and Boscawen on  conviction b and there overrule and that it be the constant course of  information in the court of exchequer to set forth the time in the manner it  be here do second that the conviction be behind his back and without hear he  indeed he be summon but the Act give no manner of authority to proceed by way  of summons to this exception it be answer that no way of proceed whatsoever be  direct by the Act that therefore the Act be silent in this point it must be  leave to the discretion of the justice and that the way of proceed by summons  be a way very consonant to reason and justice inasmuch as it give the  defendant time and opportunity to make his defence that the want of summons  have be object even in case upon act of parliament that do not direct the  proceed to be by way of summons as in the case of the queen v peach c see king  v Venables ld ray stram king v dyer salk Boscawen on Conv to c this be enforce  by precedent where upon this very Act of parliament the proceed have be by  summons three the summons be insufficient suppose the justice can proceed in  that way for he be summon to appear at Bolton which must be understand to be a  will and then how shall the defendant know the house where the justice will be  to this exception take against the summons itself videlicet the uncertainty of  the time and place when and where the defendant be summon to appear it be  answer that this objection suppose very great absurdity as first that the  defendant can find the justice out second that the justice shall come at a  unreasonable hour c fourthly it be to appear such a day but not what time of  the day perhaps the justice come at five oclock in the morning and the  defendant not be there then be convict though be come afterward to this  exception it be answer that the return which must be take for true be a answer  to the objection for the return be that the defendant although debt is owed  summon ad hoc time et haec locum do not appear so that at whatever time or  modern report er p place he be convict it must be now take for true that he be  summon to appear at that time and place five though in the information the  offence may be say to be commit between such a time and such a time yet the  proof ought to be certain now the oath be no more than that the defendant do  within such a time and such a time steal One stag so that the time be leave as  uncertain in the evidence as in the information and then non constat that the  evidence relate to the same deer it shall have be stag in information predict  mentionat as to this objection videlicet want of certainty in the proof it be  answer that it be next to impossible for the witness to be able to swear to  the very modern report day and it be not to be intend that there be more deer  steal than one Parker chief justice it be more agreeable to the course of the  commonlaw that he shall be summon there be nothing in the objection as to the  evidence time must be take to look into the precedent Eyre justice as to the  objection that the time shall have be set forth with more certainty than that  between such a time and such a time c that have be sufficient settle in  chandler case a ld ray a to be well enough it be true that the ad hoc time et  haec locum can be confine to a particular hour or place but then it be not to  be suppose but that a magistrate will administer justice with integrity and it  be the duty of the party summon to attend his time and place in information  and indictment no judgement can be give unless the defendant appear the  defendant may indeed have judgement of outlawry pass against he but that be  for his contempt in not appear and if the judge of superior court can proceed  to judgement unless the defendant appear a strong justice of peace can some  act of parliament indeed give justice of peace a power of proceed upon default  but exception let regulan in rebus non To take out it seem to I therefore that  he shall have be apprehend by warrant powys junior the design of the Act of  parliament be to give a summary way of proceed the defendant have be summon  which sure be sufficient for it will be absurd that he shall take advantage of  his own contempt Adjournatur a this case be argue a second time in Michaelmas  term Geo post and in the Hilary term follow Parker chief justice deliver the  resolution of the court that the conviction be good S c post a