12 & 13 Vict. c. 45.

After appeal decided for respondent, conviction or order

Orders of general or quarter sessions to be enforced by attachment from the Court of Queen's Bench (s. 18), instead of by indictment; and no certiorari is necessary to remove the order of sessions. (Hawker v. Field, 20 Law J. (M. C.) 41.)

By sect. 27 of the 11 & 12 Vict. c. 43, it is enacted, "that "after an appeal against any such conviction or order as afore"said shall be decided, if the same shall be decided in favour to be enforced;" of the respondents, the justice or justices who made such con

if either party to have costs, the same recovered by distress and commitment.

"viction or order, or any other justice of the peace of the same "county, riding, division, liberty, city, borough or place, may "issue such warrant of distress or commitment as aforesaid for "execution of the same, as if no such appeal had been brought; "and if upon any such appeal the court of quarter sessions "shall order either party to pay costs, such order shall direct "such costs to be paid to the clerk of the peace of such court, "to be by him paid over to the party entitled to the same, and "shall state within what time such costs shall be paid; and if "the same shall not be paid within the time so limited, and the party ordered to pay the same shall not be bound by any "recognizance conditioned to pay such costs, such clerk of the

peace or his deputy, upon application of the party entitled to "such costs, or of any person on his behalf, and on payment "of a fee of one shilling, shall grant to the party so applying a "certificate (R), post, that such costs have not been paid; "and upon production of such certificate to any justice or "justices of the peace for the same county, riding, division, liberty, city, borough or place, it shall be lawful for him or "them to enforce the payment of such costs by warrant of dis"tress (S 1) post, in manner aforesaid, and in default of "distress he or they may commit (S 2), post, the party "against whom such warrant shall have issued in manner here"inbefore mentioned for any time not exceeding three calendar "months, unless the amount of such costs, and all costs and "charges of the distress, and also the costs of the commitment "and conveying of the said party to prison, if such justice or "justices shall think fit so to order, (the amount thereof being "ascertained and stated in such commitment), shall be sooner "paid (q)."

(4) This section establishes one general rule and uniform practice as to Summary Convictions and Orders, and Proceedings on Appeals, and impliedly repeals the provisions of any previous statute in which there is a different

FORMS.

Notice of Appeal against a Conviction or Order. ("Formulist," No. 78, p. 63.)

Recognizance to try the Appeal, and Notice thereof. ("Formulist," Nos. 79, 80, pp. 63, 64.)

Office of the clerk of the peace for the [county] of

(Title of the Appeal.)

(R) Certificate of clerk of

I hereby certify that at a court of general quarter sessions of the peace. peace holden at in and for the said [county] on

last past, an appeal by A. B. against a conviction [or "order"] of J. S., esquire, one of her Majesty's justices of the peace for the said [county], came on to be tried, and was then heard and determined, and the said court of general quarter sessions thereupon ordered that the said conviction [or "order"] should be confirmed [or "quashed"], and that the said [appellant] should pay to the said [respondent] the sum of for his costs incurred by him in the said appeal, and which sum was thereby ordered to be paid to the clerk of the peace of the said county on or before the instant, to be by him handed over to the said [respondent]; and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order. Dated the

day of

day of

184-.

G. H:

[deputy] clerk of the peace.

-.

and to all other peace officers in the said

To the constable of [county] of Whereas [&c. as in the warrant of distress ((N 1), ante, p. 112) on a conviction [or on an order, as (N 2), ante, p. 117] to the end of the statement of the conviction or order, and then thus]: And whereas the said A. B. appealed to the court of general quarter sessions of the peace for the said county against the said conviction [or "order"], in which appeal the said A. B. was the appellant, and the said C. D. [or "J. S., esquire, the justice of the peace who made the said conviction" or "order"] was the respondent, and which said appeal came on to be tried, and was heard and determined, at the last general quarter sessions of the peace for the said county holden at said court of general quarter sessions thereupon ordered that the said conviction [or "order"] should be confirmed [or "quashed"], and that the said [appellant] should pay to the said [respondent] the sum of for his costs incurred by him in the said appeal, which said sum was to be paid to the clerk of the peace of the said [county] on or day of —, 184, to be by him handed over to the said [C. D.]: And whereas the [deputy] clerk of the peace of the said [county] hath, on the day of instant, duly certified that the

before the

on

and the

enactment as to the costs of appeal (see R. v. Hellier, 21 Law J. M. C. 1; 15 J. P. 674); and this does not appear to be altered by the 12 & 13 Vict. c. 45,

(S. 1) Warrant

of distress.

said sum for costs had not then been paid:(*) These are therefore to
command you, in her Majesty's name, forthwith to make distress of
the goods and chattels of the said [A. B.], and if within the space of
days next after the making of such distress the said last-men-
tioned sum, together with the reasonable charges of taking and keeping
the said distress, shall not be paid, that then you do sell the said goods
and chattels so by you distrained, and do pay the money arising from
such sale to -, the clerk of the justices of the peace for the division
of in the said [county], that he may pay and apply the same as
by law directed, and if no such distress can be found then that you
certify the same unto me, to the end that such proceedings may be had
therein as to the law doth appertain. Given under my hand and seal,
this day of
in the year of our Lord
[county] aforesaid.

at

in the

J. N. (L.S.)

ment for want of distress.

rection] at

and to the keeper of the [house of corin the said [county] of

day of

Whereas [&c. as in the last form to the asterisk (*), and then thus]: And whereas afterwards, on the in the year aforesaid, I the undersigned issued a warrant to the constable of commanding him to levy the said sum of for costs by distress and sale of the goods and chattels of the said A. B. And whereas it appears to me, as well by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said [A. B.], but that no sufficient distress whereon to levy the sum above mentioned could be found: These are therefore to command you the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said A. B. into your custody in the said [house of correction], there to imprison him and keep him to hard labour] for the space of unless the

said sum, and all costs and charges of the said distress [and of the commitment and conveying of the said A. B. to the house of correction], amounting to the further sum of shall be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this day of in the year of our Lord at in the [county] aforesaid.

J. N. (L.S.)

PART I.

CHAPTER II.

THE SYNOPSIS OF OFFENCES, &c.

Within the Provisions of the 11 & 12 Vict. c. 43 (a).

observations.

PREVIOUS to giving an Explanation of the Columns of Offences, Preliminary Statutes, Penalties, &c. in this Chapter, it is perhaps necessary to state, that the several matters of procedure,-from the laying of the Information, the Hearing and Conviction or Dismissal, to the enforcing of the Conviction or Order, and the Appeal against them,—not specifically shown in this tabular portion or in the notes at the foot of the pages, are to be found in detail in the preceding Chapter on "The Law and Practice of Procedure in general;" and that such matters of procedure as are contained in the several acts of parliament passed before Jervis's Act, 11 & 12 Vict. c. 43, giving cognizance of the offences which are inconsistent (and consequently repealed by s. 36, note (b), ante, p. 45) with the provisions of the last-named statute in that respect, have been wholly omitted from this Chapter, as no longer necessary to be known since the passing of that consolidation act.

(a) Vide the observations on section 1, ante, pp. 48, 49, as to the applicability of this statute; this chapter containing all offences not excepted by the 35th section, ante, pp. 47, 48.

EXPLANATION OF THE COLUMNS.

OFFENCE.-The Offence is here described in the words of the Statute with all the legal exceptions and modifications, but in an abridged form; and where two or more Offences are contained in the same section, each is disjointed and analysed ;- for more convenient reference the Offences are numbered consecutively in each title.

STATUTE. Here is stated the Statute creating the Offence, and in the other columns the sections only of such Statutes are stated; and where any stage of the proceedings are regulated or modified by another Statute it is mentioned in the column to which it applies. The asterisk* placed before the Statute signifies that a form of conviction is given by it, the Statute being passed subsequently to the 11 & 12 Vict. c. 43 (see ante, p. 94, on the Practice). In the Notes at the foot referred from this column is shown, among other matters, when the Statute imposes a penalty or other punishment different to that given by the 11 & 12 Vict. c. 43, s. 7 (ante, p. 71) on witnesses not attending to give evidence, or refusing to be examined.

TIME OF LAYING INFORMATION, &c.-This column shows whether the Information is required to be in writing (see ante, p. 51, where it is recommended always to be so), when to be taken on oath (see ante, p. 51, 52), and the time within which it must be laid after the commission of the Offence, or the time within which the conviction must take place (vide ante, pp. 50, 77). By 13 & 14 Vict. c. 21, s. 4, where a "month" is mentioned it means "calendar" month, unless words are added showing a lunar month to be intended. The Notes at the foot referred to from this column give the following additional particulars: where the Information is required to be preferred by a particular person (see ante, p.51); where the apprehension of offenders found in the commission of Offences is authorized without warrant.

NUMBER AND WHAT JUSTICES TO CONVICT.-Shows whether the particular Statute requires one or two justices to hear and convict, and whether any are disqualified, or where justices of a particular locality are necessary (vide ante, p. 75).

PENALTY, &c. AND MODE OF ENFORCING.-' -This is an abridged view of the penalty or other forfeiture imposed for the Offence, and the mode of enforcing payment. Costs have not been mentioned in this column, as it will be seen, ante, p. 95, that they may be ordered in every case, but they are not enforced in the