tice of the peace; such person shall forfeit for every such offence any sum not exceeding forty shillings. Id. s. 138. Recovery and application of penalties.] All penalties, forfeitures, and fines by this Act inflicted (the manner of levying and recovering and applying whereof is not herein otherwise directed) shall, upon proof and conviction before any justice of the peace for the county, riding, or place where the offence shall have been committed, (as the case may require,) be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the party offending, by warrant under the hand and seal of such justice; and in case such fines, penalties, and forfeitures shall not be forthwith paid upon conviction, then such justice may order the offender to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless the offender shall give sufficient security, by recognizance or otherwise, to the satisfaction of such justice, for his appearance before such justice on such day as shall be appointed for the return of such warrant of distress, such day or days not being more than seven days from the time of taking any such security; but if upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, then such justice of the peace shall by warrant under his hand and seal, cause such offender to be committed to the common gaol or house of correction of the county, riding, or place where the offender shall be or reside, there to remain without bail or mainprize for any time not exceeding three calendar months, unless such penalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner paid and satisfied; and the monies arising by such penalties, &c. when paid or levied, if not otherwise directed to be applied by this Act, shall be from time to time paid, one moiety thereof to the informer or person suing for and recovering the same, and the other moiety to the treasurer of the trustees or commissioners for repairing and maintaining the road on which such offence shall have been committed, and applied and disposed of for the purposes of such road and of this Act. Id. s. 141. The justice however may mitigate or reduce the penalty incurred by such person, so as such reduction or mitigation do not exceed two thirds of the penalty to which such person would be liable under this or any other Act. Id. s. 142. If any toll collector, or person acting as such, shall offend against any of the provisions of this Act, whereby any penalty shall be incurred, and shall abscond or absent himself so as not to be found, then any justice of the peace before whom any such toll collector or person shall have been convicted of any such offence, in case of such collector or other person abscond. ing after conviction, or in case of his absconding previous to conviction, then for any other justice of the peace acting for the county on an examination of the circumstances, and ascertaining by the examination of witnesses that such offence has been committed by the person absconding, may order and adjudge that the penalty incurred as aforesaid shall be paid by the lessee or farmer of the tolls under whom such collector or other person shall act; all which penalties shall be levied and recovered from such lessee or farmer, and applied in manner herein directed. Id. s. 54. The following are the forms given by the statute : Information. Be it remembered, that on the A. B. of of day of County of to wit. in the said county informeth me, -one of Her Majesty's justices of the peace for the said county, that in the said county [here describe the offence, with the time and place, and follow the words of the act as near as may be], contrary to the statute made in the third year of the reign of King George the Fourth, 'for regulating turnpike roads," which hath imposed a forfeiture of for the said offence. Taken the day ofbefore me, A. B. Conviction. me, one of Her Majesty's justices of the peace for the said county, for [here specify the offence, and when and where committed,] contrary to the form of the statute made in the year of the reign of intituled [here set forth the title of the act]; and I do hereby declare and adjudge that the said A. B. hath forfeited for the said offence the sum of — [or shall be committed to for the space of· as the case may be]. Given under my hand and seal, the day and year first above written. C. D. Warrant of Distress. Whereas A. B. of To the [constable], [headborough], or [tithingman] of – County of in the said county to wit. is this day convicted before me, C. D. Esq., one of Her Majesty's justices of the peace in and for the said county, upon the oath of G. H., a credible witness, for that the said A. B. hath [here set forth the offence, describing it particularly in the words of the statute, as near as may be] (con trary to the statute in that case made and provided), by reason whereof the said A. B. hath forfeited the sum of to be distributed as herein is mentioned, which he hath refused to pay : these are therefore in Her Majesty's name to command you to levy the said sum of - by distress of the goods and chattels of him the said A. B.; and if within the space of four days next after such distress by you taken, the said sum, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale that you do pay one-half of the said sum of to E. F. of who informed me of the said offence, and the other half of the said sum of-to I. K., the surveyor of the turnpike road [describing it] where the said offence [neglect or default] happened, to be employed towards the repair of the said road, returning the overplus, on demand, to him the said A. B. [the reasonable charges of taking, keeping, and selling the said distress being first deducted]; and if sufficient distress cannot be found of the goods and chattels of the said A. B. whereon to levy the said sum ofthat then you certify the same to me, together with this warrant. Given under my hand and seal, the day of Return thereto. C. D. of I, A. B., constable of the [parish &c.] of · in the county do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within and that I can find no sufficient goods whereon to named levy the within sum of · To the [constable] of· to wit. house of correction] at Whereas A. B. of in the said county and to the keeper of the common gaol [or the in the said county. in the said county was on the day of convicted before me, C. D. Esq., one of Her Majesty's justices of the peace in and for the said county, upon the oath of E. F., a credible witness, for that he the said A. B. [here set forth the offence], contrary to the statute made in the third year of the reign of His Majesty King George the Fourth, "for regulating turnpike roads," by reason whereof the said A. B. hath forfeited the sum of -; and whereas on the day of in the year aforesaid, I did issue my warrant to the [constable] of to levy the said sum of by distress and sale of the goods and chattels of him the said A. B., and to distribute the same according to the directions of the said statute; and whereas it duly appears to me, upon the oath of the said [constable), that the said [constable] hath used his best endeavours to levy the said sum on the goods and chattels of the said A. B. as aforesaid, but that no sufficient distress can be had whereon to levy the same: these are therefore to command you the said [constable] of - aforesaid to apprehend the said A. B., and him safely to convey to the common gaol [or house of correction] in the said county, and there deliver him to the keeper thereof, together with this precept. And I do also command you the said keeper to receive and keep in your custody the said A. B. for the space of three months, unless the said sum shall be sooner paid, pursuant to the said canviction and warrant; and for so doing this shall be your sufficient warrant. Given under my hand and seal, the ·day of· in the year of our Lord at - C. D. Appeal.] If any person shall think himself aggrieved by any thing done by any justice of the peace in pursuance of this Act, except under the particular circumstances herein-after mentioned, and for which no particular method of relief hath been already appointed, such person, in case the penalty shall exceed forty shillings, where the appeal is to be against a con. viction for a penalty, may appeal to the justices of the peace at the next general quarter sessions to be held for the limit wherein the cause of such complaint shall arise, such appellant first giving to such justice by whose act such person shall think himself aggrieved, notice in writing of his intention to bring such appeal, and of the matter thereof, within six days after the cause of such complaint arose, and within four days after such notice, entering into recognizances before some justices of the peace, with two sufficient sureties, conditioned to try such appeal at and abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions, and also to pay the penalty or forfeiture, in case the conviction should be affirmed; and every justice of the peace, having received notice of such appeal, shall return all proceedings whatever had before him respectively touching the matter of such appeal to the said justices at their general quarter sessions on pain of forfeiting fifty pounds for every such neglect; and the justices at such session, upon due proof of such notice and recognizance, shall hear and finally determine such appeal in a summary way, and award such costs to the parties appealing or appealed against as they the said justices shall think proper, to be levied and recovered as herein-before directed; and no proceeding to be had or taken in pursuance of this Act, shall be quashed or vacated for want of form, or removed by certiorari or any other writ or process whatsoever into any of His Majesty's courts of record at Westminster: provided always, that in case there shall not be time to give such notice, and enter into such recognizances as aforesaid, before the next sessions to be holden after the conviction, then such appeal may be made to the next following sessions, and shall be there heard and determined. Id. s. 145. HOMICIDE. Homicide generally, and its punishment. By whom committed, p. 552. Whether committed from malice prepense or not, p. 553. Homicide upon provocation, p. 554. -, upon arrest, p. 554. in self-defence, p. 557. by correction, p. 557. by negligence or ignorance, p. 558. without intention, in doing another act, p. 558. Principals and accessories, p. 558. Homicide generally, and its punishment.] Homicide is the killing of a human being, and is of four kinds :- 1, murder, where the killing is from a preconceived malice expressed or implied, entertained by the offender towards the deceased; 2, manslaughter, where the killing may or may not have been from malice, but if from malice, it was not preconceived; 3, excùsable homicide, where the killing is per infortunium or misadventure, or committed in self-defence; 4, justifiable homicide, when done of necessity, by an officer of justice, in the lawful execution of his duty, or by an ordinary person, to prevent the perpetration of a forcible and atrocious crime. two first are felonies; the two latter not. Murder is punishable with death; 9 G. 4, c. 31, s. 3; manslaughter, with transportation for life or for not less than seven years, or imprisonment with or without hard labour in the common gaol or house of correction for not more than four years, or with such fine as the court shall award; 9 G. 4, c. 31, s. 9; but justifiable and excusable homicide are not punishable at all, nor are any forfeitures attached to them. Id. s. 10. Formerly the killing of The |