Andrews the king against bryan a conviction on a statute need not negative a  exemption contain in a proviso SC stram a conviction be make by a justice of  peace upon the statute of g c set out that mary Bryan be a seller and dealer  in spirituous liquor January g do unlawful sell half a quarter of a pint of  Geneva the same not be in any warehouse c and the say Bryan have never take  out any licence for sell the same against the form of the statute whereupon  she be adjudge to pay the penalty of ten pound and it be move last term by Mr  tailor to quash this conviction because a justice of peace bath no power by  the statute of convict a person for sell spirituous liquor in a less quantity  than two gallon in a warehouse not enter or without licence both these offence  fall under the jurisdiction of the commissioner of excise and be subject to a  high penalty than ten pound the only crime within the jurisdiction of a  justice of peace be that of hawk or sell spirituous liquor about the street c  but this conviction make no mention of the place where the liquor be sell and  seem whole find on the other offence the penalty therefore shall have be not  ten pound but one hundred pound it shall have be show in the conviction that  the defendant be not within the exemption contain in the Act which possible  may be the case this be necessary to be set out in conviction on the gameact  and though in that statute the exemption be not contain under a proviso as it  be in this Act yet the reason for show the exemption be the same in both case  as to the case in side salk they be different from the present because in  those the defendant may have plead his discharge and so a conviction of a  forcible entry which be the case in I salk be traversable but otherwise it be  here Andrews on the other side it be argue by solicitor general strange and Mr  Filmer that in this case the justice of peace have a power of convict the  clause for that purpose in the Act be pen in the most general word possible  sure in any other manner whatsoever and as to the objection to the penalty  Andrews er p Mr solicitor cite the king and Wyatt a ld ray Sess Cas a east geo  and the king and Tycker b I Sess Cas b mich g each of these case be a  conviction for keep two greyhouds for which the defendant be adjudge to pay S  and it be object that this be two offence for which there shall have be two  penalty but the exception be overrule if the defendant be a person exempt she  may and ought to have insist on it in her defence before the justice and the  difference be that where the exemption be in the body of a penal clause there  it must be show but otherwise it be where it be contain under a proviso I lev  SC keb the king and theed c stram ld ray c mich g beside here be the word CC  contrary to the form of the statute which can be true if the defendant be  within the exemption for these reason which the court agree to in omnibus the  objection be overrule and lee c j cite Jones and axen d I ld ray d mich W and  the king and theed which he say be thus the defendant be convict for not  permit the officer of excise to weigh his candle and it be only say in the  conviction that they lawful enter it be object that it shall have be show  whether it be by day or night but the court hold that if the entry be by night  the defendant ought to have show it and it be set out that they lawful enter  it be well enough in the principal case the conviction be therefore confirm