1. Conviction, where the Defendant appears and pleads Not Guilty, or refuses to make a Defence.

County [or as the case Be it remembered, that on the

may be] of

-, at

day of , in the year of our Lord in the [county] of A. B. of

in the county aforesaid, labourer, personally came before me, J. P., one of his Majesty's justices of the peace for the said county, and informed me, that C. D. of

-, on the
in the said

day of

in the county of in the year aforesaid, at did" [here set forth the fact for

which the information is laid]; “contrary to the form of the statute in such case made and provided: Whereupon the said C. D., after being duly summoned to answer the said charge, appeared before me on the day of, instant, at in the

day of

said ; and having heard the charge contained in the said information, [declared he was not guilty of the said offence," or, "did neglect and refuse to make any defence against the said charge]: Whereupon I the said justice did proceed to examine into the truth of the charge contained in the said information; and on the aforesaid, at aforesaid, one in the county of upon his oath deposeth and saith, in the presence of the said C. D., that" [here state the evidence, and as nearly as possible in the words used by the witness; and if more than one witness be examined, state the evidence given by each, thus:] "And one other credible witness, to wit, G. H. of

credible witness, to wit, E. F. of

in

the county of -, upon his oath deposeth and saith, in the presence of the said C. D., that" [&c. stating his evidence]; "And also a witness, produced and examined on the part of the said C. D., to wit, I. K. of --, in the county of upon his oath deposeth and saith, that" [&c. stating his evidence]: "Therefore, it manifestly appearing to me that he the said C. D. is guilty of the offence charged upon him in the said information, I do hereby convict him of the offence aforesaid, and do declare and adjudge that he the said C. D. hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, to be distributed" [or, "paid," as the case may be] "according to the form of the statute in that case made and provided; [and also that the said C. D. shall forthwith pay unto the said A. B., the further sum of for his costs and charges, by him the said A. B. about the prosecution in this behalf expended." [See ante, p. 101.] "Given under my hand and seal, the day of, in the year of our Lord

J. P.

*Or if imprisonment and hard labour be the punishment assigned by the statute, then the adjudication may be thus: "do declare and adjudge that the said A. B., for his said offence, be

imprisoned in the
the space of
seal, the

[there to be kept to hard labour] for calendar months. Given under my hand and in the year of our Lord -" Care

· day of ·

must be taken that this part of the conviction correspond strictly with the statute upon which the conviction is framed.

2. Conviction, where the Defendant appears and confesses. County [or as the case Be it remembered, that on the may be] of S day of ——————, in the year of our Lord in the county of ——-——, A. B. of

at

day of

in the county aforesaid, labourer, personally came before me, J. P., one of his Majesty's justices of the peace for the said county, and informed me, that C. D. of. in the county of -, on the in the year aforesaid, at in the said county, did" [here set forth the fact for which the information is laid]; "contrary to the form of the statute in such case made and provided: Whereupon the said C. D., after being duly summoned to answer the said charge, appeared before me on the day of instant, at in the said county; and having heard the charge contained in the said information, acknowledged and voluntarily confessed the same to be true: Therefore, it manifestly appearing" [&c. as in the last from, to the end.

"

3. Conviction, where the Defendant does not appear. County [or as the case may be] of

at

in the county of

Be it remembered, that on the
, in the year of our Lord

S day of

A. B. of

in the county of -
-, labourer, personally came before me,

J. P., one of his Majesty's justices of the peace for the said coun-
ty, and informed me, that C. D. of -, in the county aforesaid,
on the day of
in the year aforesaid, at

in the said county, did" [here set forth the fact for which the information is laid]; " contrary to the form of the statute in such case made and provided: Whereupon the said C. D., after being duly summoned to answer the said charge, did not appear before me pursuant to the said summons: Nevertheless I, the said justice, did proceed to examine into the truth of the charge contained in the said information; and on the ——— day ofaforesaid, at aforesaid, one credible witness, to wit, E. F. ofin the county of -, upon his oath deposeth and saith, that" [here state the evidence, and as nearly as possible in the words used by the witness; and if more than one witness be examined, state the evidence given by each, thus]:

in the

"And one other credible witness, to wit, G. H. of county of ——, upon his oath deposeth and saith, that” [stating his evidence]: "Therefore, it manifestly appearing" [&c. as in the last form but one, to the end.

Appeal.] An appeal lies against a conviction, only in cases where it is expressly given by statute. R. v. Hanson, 4 B. & A. 519.

R. v.

The statute which allows of an appeal, usually directs that a reasonable notice of the party's intention to appeal shall be previously given, either to the justices, or to the complainant, or to both but, unless required by the statute, a notice of appeal is not absolutely necessary; See R. v. JJ. of Essex, 4 B. & A., 276; and even in cases where such notice is required, it need not be in writing, unless required to be so by the statute. JJ. of Salop, 4 B. & A. 626. R. v. JJ. of Surry, 5 B. & A. 539. It is also required, in many cases, that the party appealing, shall enter into a recognizance with sureties, conditioned to try the appeal, and to abide the judgment of the court thereon. The terms in which these notices and recognizances are directed to be given by the several statutes, respectively, by which they are required, vary in many trifling particulars; but as it would unnecessarily enlarge the size of this work, if forms of notice of appeal and the recognizance were given in each particular case, it may be sufficient to give the following forms, which have been framed upon one of Mr. Peel's acts, (7 & 8 Geo. 4, c. 29, s. 72), and which may be altered in particular cases, so as to make them conformable with the statute requiring them.

This is to give you [and each and every of you] notice, that I, C. D., do intend, at the next general quarter sessions of the peace, to be holden in and for the said county of Berks, at

in the said county, to appeal against a certain conviction of me, the said C. D., by J. P., esquire, one of his Majesty's justices of the peace for the said county, for having, as is therein and thereby alleged, [on &c. at —, &c. stolen," &c. stating the offence]; "and that the cause and matter of such appeal are, [that I am not guilty of the said offence; and that,' &c. stating any other causes of appeal the party may have]: "Of all which premises, you [and each and every of you] are hereby desired to take notice. Dated this thousand eight hundred and twenty-eight. Witness, E. H.

day of

", one

C. D.

Recognizance.

BERKSHIRE: Be it remembered, that, on the day of in the ninth year of the reign of our sovereign lord George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, defender of the faith, C. D. of in the said county, labourer, L. M. of in the said county, yeoman, and J. K. of in the said county, grocer, personally came before me, J. P., one of his Majesty's justices of the peace for the said county, and acknowledged themselves to owe to our said lord the King the sum ofpounds each, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said lord the King, his heirs and successors, if default shall be made in the condition following:

Whereas, by a certain conviction, under the hand and seal of one of his Majesty's justices of the peace for the county aforesaid, the said C. D. is convicted for that he, on" [&c. stating the offence]; " and whereas the said C. D. hath given notice unto [within three days after such conviction, and seven clear days before the next general quarter sessions of the peace], of his intention to appeal against the said conviction, and of the cause and matter thereof. Now the condition of this recognizance is such, that if [the above bounden C. D. shall personally appear at the next general quarter sessions of the peace, to be holden at -, in and for the said county, and shall then and there try such appeal, and abide the judgment of the said court of quarter sessions thereupon, and pay such costs as shall be by the said court awarded], then this recognizance to be

void.

Taken and acknowledged before me,

J. P.

Certiorari.] A certiorari is a writ, by which a summary con viction may be removed into the Court of King's Bench, for the purpose of having it quashed for some defect appearing upon the face of it. And it lies in all cases, even in those in which the justices are directed by statute finally to determine the matter, R. v. Jukes, 8 T. R. 542, unless otherwise ordered by the express words of a statute. And even, in cases where it is expressly taken away by statute, the court may still award the writ at the instance of the crown, unless the crown also be barred by the statute, either expressly, or by necessary implication. See R. v. Allen, 15 East, 333. By stat. Geo. 2, c. 19, s. 2, no certiorari shall be allowed, to remove any original judgment of a justice of peace, "unless the party prosecuting such certiorari, before the allowance thereof, shall enter into a recognizance with sufficient sureties, before one or more justices of the peace of the county or place, or be

fore the justices at their general quarter sessions or general sessions, where such judgment shall have been given or made, or before any one of his Majesty's justices of the Court of King's Bench, in the sum of fifty pounds, with condition to prosecute the same at his or their own costs and charges, with effect, without any wilful or affected delay, and to pay the party or parties, in whose favour, or for whose benefit, such judgment was given, within one month after the said judgment shall be confirmed, their full costs and charges, to be taxed according to the course of the court where such judgments shall be confirmed; and in case the party or parties prosecuting such certiorari, shall not enter into such recognizance, or shall not perform the conditions aforesaid, it shall and may be lawful for the said justices to proceed and make such further order or orders, for the benefit of the party or parties for whom such judgments shall be given, in such manner as if no certiorari had been granted. And by sect. 3, this recognizance shall be certified into the Court of King's Bench at Westminster, there to be filed with the certiorari and judgment.

The form of the recognizance in this case may be the same as the form ante, p. 113, to the end of the recital of the conviction in the condition; and then thus: "And whereas the said C. D. hath sued out of his Majesty's Court of King's Bench at Westminster, a writ of our lord the King, called a certiorari, to remove the record of the said conviction into the said Court of King's Bench: Now the condition of this recognizance is such, that if the above bounden C. D. shall prosecute the said writ of certiorari at his own costs and charges, with effect, and without any wilful or affected delay, and shall pay unto [the party in whose favour, or for whose benefit the conviction has been made,] "within one month after the said conviction shall be confirmed, his full costs and charges, to be taxed according to the course of the said Court of King's Bench, then this recognizance to be void.

"Taken and acknowledged before me,

J. P."

After the certiorari is produced to the magistrate, and the above recognizance entered into, no further proceedings can be had upon the conviction. The magistrate must then return the certiorari; for which purpose he must first indorse on the writ these words: "The execution of this writ appears in the schedule hereunto annexed.

The answer of J. P. esquire."

And then, on a piece of parchment, the schedule may be written in this form :

"Berkshire: I, J. P., esquire, one of his Majesty's justices of the peace for the said county, by virtue of this writ to me delivered, do hereby certify unto his Majesty in his Court of