as aforesaid, or cause such notice to be left at the last or usual place of abode of any such churchwarden or overseer; contrary to the form of the statute in such case made and provided: Whereby" &c., as in the form, ante, p. 95, to the end.

Penalty £5, 48 Geo. 3, c. 75, s. 4, the whole to the informer. Id. s. 8. Recovery and distribution of penalties. Id. s. 8.

Conviction.

KENT: Be it remembered, that on this

day of in the year of the reign of his present Majesty King George the Fourth, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the county of Kent, of having" [here state the offence]; " And I the said J. P. do adjudge him Given under to forfeit and pay for the same the sum of

my hand and seal, the day and year first aforesaid.

J. P. This form is given by stat 48 Geo. 3, c. 75, s. 9. Appeal, Id. s. 10.

Warrant of Distress, &c.

Same as the forms, post, Ch. 5. In default of distress, imprisonment for not more than two calendar months, nor less than fourteen days, unless the penalty and charges be sooner paid. Id. s. 8.

2. Parish Officers neglecting to remove and inter dead human Bodies cast on Shore.

Information, Conviction, &c.

Same as the forms in the last case, except as to the description of the offence, which may be thus:] That on the -day of in the said county,

now last past, at the parish of

a certain dead human body was cast on shore from the sea, by wreck or otherwise, and notice thereof was then and there given to one C. D., the churchwarden [" churchwarden or overseer," or, if in an extra-parochial place," constable or headborough"] of the said parish; and that the said C. D., well knowing the premises, did nevertheless then and there [refuse and] neglect to remove or cause to be removed the said body from the seashore, to some convenient place, prior to the interment thereof,

for the space of twelve hours next after the said notice so given as aforesaid;" [or stating some other refusal or neglect of the duties imposed upon him by the statute]; contrary to the form of the statute in such case made and provided.

66

Penalty, £5; 48 Geo. 3, c. 75, s. 7; the whole to the informer.

Id. s. 8.

As to stealing from a Wreck.

See "Commitment," ante, p. 27.

CHAPTER V.

WARRANT OF DISTRESS OR COMMITMENT.

IF the defendant be convicted, the conviction must next be executed; that is to say, the defendant must be compelled to pay the penalty, or undergo the punishment, inflicted by law for the offence, and awarded by the conviction. This is either a corporal punishment, by imprisonment, &c.; or a pecuniary penalty, and, in default of immediate payment, imprisonment, &c.; or a pecuniary penalty, and, in default of payment within a limited time, imprisonment, &c.; or a pecuniary penalty, and, in default of the same being realised by warrant of distress and sale, imprisonment, &c. In this respect, the execution must be in exact conformity with the statute creating the offence. It may be necessary perhaps to mention, that a warrant of distress or commitment may, in all cases, be granted by one justice, even in cases where the conviction must be by two; and it is immaterial whether the justice who grants the warrant, be one of the justices before whom the party was convicted, or not. 3 Geo. 4, c. 23,

s. 2.

The following are general forms of warrants upon convictions, in the several classes above mentioned. But as the statutes on the subject of summary convictions vary in this respect in many minute particulars, care must be taken, in adopting any of these general forms, to introduce such alterations as may be required by the terms of the statute upon which the conviction is framed. Care must also be taken that the warrant correspond in every material particular with the conviction. See Rogers v. Jones, 3 B. & C. 409.

1. Commitment, where the Punishment is by Imprisonment, &c. BERKSHIRE: To the constable of, in the said county, and to the keeper of the house of correction at --, in the said county.

Whereas C. D., late of in the said county, labourer, was on this day duly convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the

said C. D." [&c. stating the offence, as in the conviction], "against the form of the statute in that case made and provided; and I the said J. P. thereupon adjudged the said C. D., for his said offence, to be imprisoned in the house of correction at in the said county, [and there kept to hard labour], for the space of calendar months: These are therefore to command you the said constable of aforesaid, to take the said C. D., and

afore

him safely to convey to the house of correction at said, and there to 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 C. D. into the said house of correction, there to imprison him [and keep him to hard labour] for the space of for your so doing, this shall be your under my hand and seal, at

day of

calendar months; and sufficient warrant. Given in the county aforesaid, this

, in the ninth year of the reign of our sovereign lord King George the Fourth.

J. P.

II. Commitment, in Default of immediate Payment of a Penalty. BERKSHIRE: To the constable of ---, in the said county, and to the keeper of the house of correction at

the said county.

in

Whereas C. D., late of in the said county, labourer, was on this day duly convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D.," [&c. stating the offence, as in the conviction], "against the form of the statute in that case made and provided; and I the said J. P. thereupon adjudged the said C. D., for his said offence, to" [&c. as in the conviction, to the words] "calendar months, unless the said sums should be sooner paid: and whereas the said C. D., being so convicted as aforesaid, and being now required to pay the said sums, hath not paid the same or any part thereof, but herein hath made default: these are therefore to command you the said constable of aforesaid, to take the

at

said C. D., and him safely to convey to the house of correction aforesaid, and there to 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 C. D. into the said house of correction, there to imprison him [and keep him to hard labour] for the space of —— calendar months, unless the said sums shall be sooner paid; and for your so doing, this shall be your sufficient warrant. Given under my hand and seal, at in the county aforesaid, this

day of, in the ninth year of the reign of our sove

reign lord King George the Fourth.

J. P.

See Arch. Peel's Acts, passim.

III. Commitment, in default of Payment of a Penalty within a

limited Time.

BERKSHIRE: To the constable of

in the said county,

and to the keeper of the house of correction at ———, in

the said county.

Whereas C. D., late of in the said county, labourer, was on the day of last past, duly convicted before [me] J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D." [&c. stating the offence, as in the conviction]; "against the form of the statute in that case made and provided; and [I] the said J. P., thereupon adjudged the said C. D., for his said offence, to" [&c. as in the conviction, to the end of the adjudication]; "and [1] the said J. P. then and there ordered that the said sums should be paid by the said C. D. on or before the - day of then next; And whereas the said C. D. hath not, on or before the said day of ▬▬▬▬, paid the said several sums or any part thereof, nor hath he yet paid the said several sums or any part thereof, but therein hath made default: These are therefore to command you the said constable of - aforesaid, to take the said C. D., and him safely to convey to the house of correction at aforesaid, and there to 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 C. D. into the said house of correction, there to imprison him [and keep him to hard labour] for the space of - calendar months, unless the said sums shall be sooner paid; and for your so doing, this shall be your sufficient warrant. Given under my hand and seal, at in the county aforesaid, this -day year of the reign of our sovereign lord

of, in the ninth King George the Fourth.

See Arch. Peel's Acts, passim.

J. P.