shall be sooner paid unto you the said keeper; and for your so doing this shall be 11 & 12 VICT. your sufficient warrant.

one thousand eight hundred and

Given under hand and seal

c. 43.

(No. 31.*)

Warrant of Commitment for want of Distress for Costs upon an Order.

complaint, adjudged of on or before the

for h

and thereupon having considered the matter of the said
and ordered the said
day of

the sum

to pay to the said
then next, and also to pay to the said

the sum of
costs in that behalf; and also thereby adjudged that if
the said several sums should not be paid (f)
imprisoned in the
in the said

and

for h

at

thereby also adjudged the said
costs in that behalf; and

should not be paid (f) the same should be levied of the goods and chattels of and in default of sufficient distress in that behalf

the said

thereby

(d)

for imprisonment

to the said

adjudged that the said should be imprisoned in the said
the space of to commence at and from the termination of h
aforesaid, unless the said sum for costs, and all costs and charges of the said
distress, and of the commitment and conveying of the said
should be sooner paid: And whereas after the making of the said order a copy of the
minute thereof was duly served upon the said but the said
did not then
pay, nor hath he paid, the said sum of for costs, or any part thereof, but therein
hath made default: And whereas it appears to of Her Majesty's justices of the
peace of and for the said 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 but that no sufficient distress whereon to levy
the sum above mentioned could be found: (g) And whereas it hath also been duly
made appear to that the said is now in the said undergoing h said
imprisonment under the said order. These are therefore to command you the said
constable of to take the said (h) and h safely to convey to the
at aforesaid, and there deliver him to the keeper thereof, together with this
precept; And do hereby command you the said keeper of the said
(i) to
(j) into your custody in the said there to imprison
h (k) for the space of
unless the said sum, and all costs and
charges of the said distress (m) 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.

If before a different justice, or out of the jurisdiction, insert the name of such justice, and erase the words, "undersigned" and "in and."

To be inserted when the defendant is undergoing imprisonment under the order. When the defendant is undergoing imprisonment under the order, erase the words here inserted in italic, and insert "forthwith deliver to the keeper of the said

(i) If already in prison, erase the words "to receive," and insert "to detain." (2) "In."

(1) "To commence at and from the termination of h imprisonment aforesaid.” (m) "And of the commitment and conveying of the said

to the said

WHEREAS on the

in the

of

the said

day of

to wit. before(a)

in and for the said

of

the said parties appeared before (6)
the matter of the said complaint,
the said

the sum of

and to all other peace officers in

last past, a complaint was made the undersigned of Her Majesty's justices of the peace for that(b) and afterwards, to wit, on the day and thereupon having considered adjudged and ordered the said to pay to on or before the day of then next, and also to pay to the said the sum of for h costs in that behalf; and thereby ordered that if the said several sums should not be paid on or before the said then next, the same should be levied by distress and sale of the ; and it was adjudged that in default of sufficient should be imprisoned in the

the said

day of

at

in the

to

appealed to the against the said order, the justice of

goods and chattels of the said
distress in that behalf, the said
said (c) for the space of unless the said several sums, and all costs and
charges of the distress, and of the commitment and conveying of the said
should be sooner paid: And whereas the said
court of general quarter sessions of the peace for the said
in which appeal the said was the appellant, and the said
the peace who made the said order, w 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
in the said
on the day of
and the said court of general quarter sessions ordered that the said order should be(d)
and that the said should pay to the said the sum of
for h
costs incurred by h in the said appeal, which said sum was to be paid to the clerk of
one thousand eight
: And whereas

holden at

the peace of the said on or before the
day of
hundred and
to be by him handed over to the said
the(e) clerk of the peace of the said hath, on the

day of instant,
duly certified that the 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 and if within the space of days next after the making
of such distress the said last-mentioned sum, together with the reasonable charges of
taking and keeping the said distress, shall not be paid, that then you do sell the 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
in the said
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 or to some other justice or justices of
the said to the end that such proceedings may be had therein as to the law doth
appertain.

Given under the hand and seal of the undersigned and for the said

(a) If made to any other justice than the one signing this warrant set forth the fact.
(b) As in the order.

"And there kept to hard labour."

"Confirmed," or "quashed," as the case may be.

(e) If deputy clerk of the peace insert "deputy."

(No. 36 a.)

Warrant of Commitment for want of Distress for Costs of an Appeal

day of
the undersigned
for that (b)
the
the said parties appeared before (b)
upon having considered the matter of the said complaint,
the said
to pay to the said the sum of
day of then next, and also to pay to the said
costs in that behalf; and

on or before the the sum of

for h

thereby ordered that if the said several sums should then next, the same should be

not be paid on or before the said day of

If made to any other justice than the one signing this warrant set forth the fact.

As in the order.

peace for the said

at

; and it was 11 & 12 VICT. should be

unless

levied by distress and sale of the goods and chattels of the said
adjudged that in default of sufficient distress in that behalf, the said
imprisoned in the
in the said (c) for the space of
the said several sums, and all costs and charges of the distress, and of the commit-
ment and conveying of the said to the said
should be sooner paid:
And whereas the said
appealed to the court of general quarter sessions of the
against the said order, in which appeal the said was the
appellant, and the said the justice of the peace who made the said order, w
the respondent and which said appeal came on to be tried, and was heard and de-
termined, at the last general quarter sessions of the peace for the said holden
and the said court of general
quarter sessions ordered that the said order should be (d) and that the said
should pay to the said the sum of

at

in the said

on the

day of

for h costs incurred by h

in the said appeal, which said sum was to be paid to the clerk of the peace of the
said
on or before the

to be by him handed over to the said

peace of the said

day of

hath, on the

in the said

one thousand eight hundred and : And whereas the (e) clerk of the day of instant, duly certified that the said sum for costs had not then been paid: And whereas afterwards, on the day of in the year aforesaid, the undersigned, (a) other of Her Majesty's justices of the peace of and for the said county, 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 : And whereas it appears to 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 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 and h safely to convey to the keeper thereof, together with said keeper of the said

at

aforesaid, and there deliver h to the said
do hereby command you the
into your custody in the said

this precept; And to receive the said

for the space of

distress (g)

unless the said sum and all amounting to the further sum of

there to imprison h (f) costs and charges of the said shall be sooner paid unto

you the said keeper; and for your so doing this shall be your sufficient warrant. Given under the hand and scal of the undersigned

c. 43.

(c) "And there kept to hard labour."

(d)" Confirmed," or "quashed," as the case may be.
(e) If deputy clerk of the peace insert "deputy."
(f) "And keep him to hard labour."

(g) "And of the commitment and conveying of the said

to the said

said

(No. 37 a.)

Common Commitment for Larceny.

of the justices of our lady the Queen assigned to keep the peace within the

To the constable or tithingman of the gaol or bridewell at

to wit.}

in the said

and to the keeper of

in the said

THESE are to command you the said constable or tithingman, in Her said

said keeper of the said gaol or bridewell, the bod of
this day brought
before the said justice and charged on the oath of of and others, for that he
at the parish aforesaid, in the aforesaid feloni-
ously steal, take, and carry away of the goods and chattels of

the said did, on the

day of

be held in and for the said

: And you the

to

said keeper are hereby required to receive the said into your custody in the said
gaol or bridewell, and there safely and surely keep until the next
then and there to take trial for the said offence,
and be further dealt with according to law. Hereof fail not.
Given under hand and seal the
one thousand eight hundred and

Administration of Criminal Justice (for the Removal of
Defects in), see "Criminal Justice," post.

Administration of Criminal Law (for the further Amendment
of), see "Criminal Law," post.

Aiders (see" Accessary,” ante, and "Criminal Justice," post.)

Prohibition against the sale of beer, &c. on Sundays, &c.

Alehouse.

11 & 12 VICT. BY the 11 & 12 Vict. c. 49, intituled "An Act for regulating the Sale of c. 49. Beer and other Liquors on the Lord's Day," passed 14th August, 1848, after reciting that the provisions in force within the metropolitan police district, and in some other places in England, against the sale of fermented and distilled liquors in the morning of the Lord's-day having been found to be attended with great benefits: it is enacted, "that no licensed victualler, or person licensed to sell beer by retail to be drunk on the premises or not to be drunk on the premises, or other person, in any part of Great Britain shall open his house for the sale of wine, spirits, beer, or other fermented or distilled liquors, or sell the same, on Sunday, before half-past twelve o'clock in the afternoon, or, where the morning divine service in the church, chapel, kirk, or principal place of worship of the parish or place shall not usually terminate by that time, before the time of the termination of such service, and that no licensed victualler or other person in England shall open his house for the sale of wine, spirits, beer, or other fermented or distilled liquors, or serve the same, on Christmas-day or Good Friday, or any day appointed for a public fast or thanksgiving, before the respective times aforesaid, except, in all the cases aforesaid, as refreshment for travellers: provided always, that nothing herein contained shall authorize the opening of any house for the sale of wine, spirits, beer, or other fermented or distilled liquors within the metropolitan police district, or any city, town, or place, at an earlier hour or time than is now allowed by law, where the opening of such house or such sale is now specially prohibited before any later hour or time than that herein before mentioned."

3 & 4 Vict. c. 61, s. 15, repealed in part.

Licensed

victuallers, &c.

for sale of any

articles during

Sect. 2. "That so much of an act passed in the fourth year of Her present Majesty, intituled 'An Act to amend the Acts relating to the general Sale of Beer and Cider by Retail in England,' as provides that no person licensed to sell beer or cider by retail as therein mentioned should have or keep his house open for the sale of beer or cider, nor should sell or retail beer or cider, nor should suffer any beer or cider to be drunk or consumed in or at such house, at any hour before one of the clock in the afternoon on any Sunday, Good Friday, Christmas-day, or any day appointed for a public fast or thanksgiving, shall, without prejudice to any pending proceeding for breach of such enactment, be repealed."

Sect. 3. "That it shall not be lawful for any licensed victualler, or person licensed to sell beer by retail to be drunk on the premises or not to not to open house be drunk on the premises, or any person licensed or authorized to sell any fermented or distilled liquors, or any person who, by reason of the freeprohibited hours. dom of the mystery or craft of vintners of the city of London or of any right or privilege, shall claim to be entitled to sell wine by retail to be drunk or consumed on the premises, to open his house for the sale of any other article whatsoever within the respective times during which the sale of wine, spirits, beer, or other fermented or distilled liquors is hereinbefore prohibited, except as refreshment for travellers."

Sect. 4. "That no person shall open any house or place of public 11 & 12 VICT. resort for the sale of fermented or distilled liquors, or sell therein such c. 49. liquors, in England or Scotland before the hour of half-past twelve of the Restricting the clock in the afternoon, or where the morning divine service in the church, sale of liquors chapel, kirk, or principal place of worship shall not usually terminate by before a certain that time, before the time of the termination of such service on Sunday, days, &c. or in England before the like hour on Christmas-day or Good Friday, or any day appointed for a public fast or thanksgiving, except as refreshment for travellers."

time on Sun

constables to enter houses

Sect. 5. "That it shall be lawful for any constable at any time to enter Power to into any house or place of public resort for the sale of wine, spirits, or other fermented or distilled liquors; and every person who shall refuse to opened for sale admit or shall not admit such constable into such house or place shall be of liquors. deemed guilty of an offence against this act."

offending against

Sect. 6. "That every person offending against this act shall be liable, Penalty for upon a summary conviction for the same before any justice of the peace this act. for the county, riding, division, liberty, city, borough, or place where the offence shall be committed, or in Scotland before any justice of the peace or sheriff or magistrate having jurisdiction in the place where the offence shall be committed, to a penalty not exceeding five pounds for every such offence; and every separate sale shall be deemed a separate offence."

Aliens.

Lord Lieutenant

depart this realm.

BY the 11 Vict. c. 20, intituled “An Act to authorize for One Year, and 11VICT. c. 20. to the End of the then next Session of Parliament, the Removal of Aliens from the Realm," passed 9th June, 1848, after reciting that it is expedient, for the due security of the peace and tranquillity of this realm, that provision should be made, for a time to be limited, respecting aliens arriving or resident in this kingdom: it is enacted, "that when and so often as Power to Secreone of Her Majesty's principal secretaries of state in that part of the tary of State or United Kingdom called Great Britain, or the Lord Lieutenant or other of Ireland to chief governor or governors in that part of the United Kingdom called order aliens to Ireland, shall have reason to believe, from information given to him or them respectively, in writing, by any person subscribing his or her name and address thereto, that for the preservation of the peace and tranquillity of any part of this realm it is expedient to remove therefrom any alien or aliens who may be in any part of this realm, or who may hereafter arrive therein, it shall be lawful for such secretary of state in that part of the United Kingdom called Great Britain, and for such Lord Lieutenant or other chief governor or governors in that part of the United Kingdom called Ireland, by order under his or their hand or hands respectively, to be published in the London or Dublin Gazette, as the case may be, to direct that any such alien or aliens who may be within Great Britain or Ireland respectively, or who may hereafter arrive therein, shall depart this realm, within a time limited in such order; and if any such alien shall know- If aliens wilfully ingly and wilfully refuse or neglect to pay due obedience to such order, such order, they refuse to obey or shall be found in this realm or any part thereof, contrary to such order, may be comafter such publication thereof as aforesaid, and after the expiration of the mitted to gaol time limited in such order, it shall be lawful for any of Her Majesty's charge for the principal secretaries of state, or for the Lord Lieutenant or other chief purpose of being governor or governors of Ireland, or his or their chief secretary, or for sent out of the any justice of the peace, or for the mayor or chief magistrate of any city or place, to cause every such alien to be arrested, and to be committed to the common gaol of the county or place where he or she shall be so arrested, there to remain, without bail or mainprize, until he or she shall be taken in charge for the purpose of being sent out of the realm, under the authority hereinafter given."

until taken in

realm.