pay forthwith, or at such other time as shall be specified by the conviction or order, a warrant of commitment (O. 1, 2) shall issue for his apprehension and imprisonment, &c.

This warrant of commitment may be made by any one justice of the peace (sect. 29, post); and whether he be one of the justices who signed the conviction or order, or not, is immaterial. Id. It must be under his hand and seal;-it is directed, as usual, to a constable, and to the keeper of the prison mentioned in it;-it requires the constable to take and convey the defendant to the prison, and the keeper of the prison to receive him, and imprison him [and keep him to hard labour] according to the terms of the conviction or order, unless the sums mentioned in the warrant shall be sooner paid. Under this warrant the defendant, if present, and required by the conviction or order to pay forthwith, is taken, or if not present, he is apprehended, delivered at the prison to the keeper, and there imprisoned, according to the terms of the conviction or order and commitment, for the time therein mentioned, unless the sums mentioned in the commitment be sooner paid. And in this latter case, the term of imprisonment is reckoned to commence from the time the party is lodged in prison. See Ex parte Foulkes, 15 Law J. 300, ex. Re Bowdler, 17 Law J. 243, qb. If the defendant be not found within the jurisdiction, the warrant may be backed. Sect. 3, ante, p. 106.

FORMS.

(0. 1.)

Warrant of Commitment upon a Conviction for a Penalty in the first instance.

To the constable of· and to the keeper of the [house of correction] at in the said [county] of

Whereas A. B. late of [labourer], was on this day duly convicted before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county], for that [stating the offence as in the conviction]; and it was thereby adjudged that the said A. B. for his said offence should forfeit and pay the sum of· 2 [&c. as in the conviction], and should pay to the said C. D. the sum of· for his costs in that behalf; and it was thereby further adjudged that if the said several sums should not be paid [forthwith], the said A. B. should be imprisoned in the [house of correction] at

in

the said [county] [and there kept to hard labour] for the space of unless the said several sums [and the costs and charges of conveying the said A. B. to the said house of correction] should be sooner paid: And whereas the time in and by the said conviction appointed for the said several sums hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default: 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 to deliver him to the 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 ofunless the said several sums [and the costs and charges of conveying him to the said [house of correction] amounting to the further sum of - -] shall be sooner paid; and for your so doing this shall be your sufficient warrant.

Given under my hand and seal, this the year of our Lord

at

(0.2.)

in

day of in the [county] aforesaid. J. S. (L. s.)

Warrant of Commitment on an Order in the first instance.

To the constable of

and to the keeper of the [house of correction] at in the said [county] of

Whereas on last past complaint was made before the undersigned, [one] of her Majesty's justices of the peace in and

for the said [county] of

and afterwards, to wit on

for that [&c. as in the order], at the parties appeared

before [me] the said justice [or as it may be in the order], and thereupon having considered the matter of the said complaint I adjudged the said A. B. to pay to the said C. D. the sum of next, and also to pay to the said C. D. the sum of

on or before the

day of

then

for

his costs in that behalf; and I also thereby adjudged that if the said several sums should not be paid on or before the day of then next, the said A. B. should be imprisoned in the house of correction at in the said county [and there kept to hard labour] for the space of, unless the said several sums [and the costs and charges of conveying the said A. B. to the said house of correction] should be sooner paid: And whereas the time in and by the said order appointed for the payment of the said several sums of money hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you the said constable of the said A. B. and him safely convey to the said house of correction at aforesaid, and there to deliver him to the 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 several sums [and the costs and charges of conveying him to the said house of correction, amounting to the further sum of - -,] shall be

to take

sooner paid unto you the said keeper; and for your so doing this shall be your sufficient warrant.

in

Given under my hand and seal, this day of the year of our Lord at in the [county] aforesaid.

J. S. (L. s.)

where the

payment of

ment, &c.

XXIV. And be it enacted, that where a conviction Commitment does not order the payment of any penalty, but that the conviction is defendant be imprisoned, or imprisoned and kept to hard not for a penalty, nor labour, for his offence, or where an order is not for the the order for payment of money, but for the doing of some other act, money, and and directs that in case of the defendant's neglect or re- the punishment is by fusal to do such act he shall be imprisoned, or impri- imprisonsoned and kept to hard labour, and the defendant neglects or refuses to do such act,-in every such case it shall be lawful for such justice or justices making such conviction or order, or for some other justice of the peace for the same county, riding, division, liberty, city, borough, or place, to issue his or their warrant of commitment (P. 1, 2) under his or their hand and seal or Post, p. 167. hands and seals, and requiring the constable or constables to whom the same shall be directed, to take and convey such defendant to the house of correction or common gaol for the same county, riding, division, liberty, city, borough, or place, as the case may be, and there to deliver him to the keeper thereof, and requiring such keeper to receive such defendant into such house of correction or gaol, and there to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the statute on which such conviction or order is founded as aforesaid shall direct; and in Costs, how all such cases, where by such conviction or order any sum for costs shall be adjudged to be paid by the defendant to the prosecutor or complainant, such sum may, if the justice or justices shall think fit, be levied by warrant of distress (P. 3, 4) in manner aforesaid, and in de- Post, pp. 168, fault of distress the defendant may, if such justice or justices shall think fit, be committed (P. 5) to the same Post, p. 170. house of correction or common gaol in manner aforesaid, there to be imprisoned for any time not exceeding one calendar month, to commence at the termination of the

recovered.

169.

imprisonment he shall then be undergoing, unless such sum for costs, and all costs and charges of the said distress, and also the costs and charges of the commitment and conveying of the defendant to prison, if such justice or justices shall think fit so to order, shall be sooner paid.

NOTE.

By the four preceding sections, the statute has provided for the execution of convictions for penalties and orders for the payment of money. By this section it provides for the execution of convictions and orders in other cases, where the offence is not punishable by a penalty, and where the order is not for payment of money, but the offence in the one case, and the disobedience of the order in the other, are punishable by imprisonment, with or without hard labour. In these cases, the justice who made the conviction or order, or any other justice of the same county, &c. may issue his warrant of commitment, upon which the defendant will be taken and imprisoned for the time mentioned in the adjudication and warrant, with or without hard labour, as adjudged. This warrant (P. 1, 2) may be issued by one justice, even in cases where the conviction or order is required to be by two; sect. 29, post ;—it must be under his hand and seal ;-it is directed to a constable, and to the keeper of the prison mentioned in the warrant ;— and it requires the constable to take the defendant and convey him to the prison, and requires the keeper to receive and imprison him [and keep him to hard labour] for a certain time. If the defendant be present when this warrant is given to the constable to execute, the constable immediately takes him, and conveys him to the prison; if not present, the constable apprehends him, or if the defendant be within another jurisdiction, the constable may get the warrant backed (see sect. 3, ante, p. 106), and apprehend him there, and takes him to prison.

We have seen (sect. 18, ante, p.151) that in all cases of summary convictions or orders, justices may, in their discretion, award costs to the prosecutor or claimant. If a conviction or order, such as above is mentioned, contain an award of costs to the prosecutor or claimant, such part of the conviction or order must be executed separately; and this section provides that such costs shall be levied by distress (P. 3, 4), and in default of distress, a warrant of commitment (P. 5) may issue, under which the imprisonment shall commence at the termination of that which the defendant is then undergoing for the principal offence, and shall continue for the time mentioned in the warrant, unless the costs be sooner paid. And this warrant of distress, &c. may be considered as subject to the same rules in every respect as the warrants mentioned in sect. 19, &c. ante, p. 152, &c.

FORMS.

(P. 1.)

Warrant of Commitment on a Conviction where the Punishment is by Imprisonment.

To the constable of ·

and to the keeper of the [house of correction] at in the said [county] of

Whereas A. B. late of· [labourer], was this day duly convicted before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of

for

that [stating the offence as in the conviction], and it was thereby adjudged that the said A. B. for his said offence should be imprisoned in the house of correction at in the said county [and there kept to hard labour] for the space of· These are therefore to command you the said constable of to take the said A. B. and him safely convey to the house of correction at aforesaid, and there to deliver him to the 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 · -; and for your so doing this shall be your sufficient warrant.

Given under my hand and seal, this the year of our Lord

at

(P. 2.)

in

day of in the [county] aforesaid. J. S. (L. S.)

Warrant of Commitment on an Order where the disobeying of it is punishable by Imprisonment.

To the constable of

6.

and to the keeper of the [house of

correction] at — in the said [county] of ·

at

Whereas on last past complaint was made before the undersigned, [one] of her Majesty's justices of the peace in and for the said county of - for that [&c., as in the order], and afterwards, to wit on the said parties appeared before me [or as it may be in the order], and thereupon having considered the matter of the said complaint, I adjudged the said A. B. to [&c. as in the order], and that if, upon a copy of the minute of that order being duly served upon the said A. B. either personally, or by leaving the same for him at his last or most usual place of abode, he should neglect or refuse to obey the same, was adjudged that in such case the said A. B. for such his disobedience should be imprisoned in the [house of correction] at - in the said