act. against this where otherwise directed) forfeit and pay any sum not exceeding five pounds nor less than forty shillings, at the discretion of the justices before whom such offender shall be convicted as after mentioned; one-half whereof shall be paid to the informer, and the other half to the overseers of the poor in England and Ireland, and to the minister and elders in Scotland, of the parish or place where such offence shall be committed, to be by them applied in aid of the poor rate in England and Ireland, and for the benefit of the poor in Scotland, of such parish or place: provided always, the all informations for offences against this act shall be laid within one calendar month after the offence committed, and not afterwards. Mills or factories employing a certain number of persons to be entered in a book kept by the clerk of the peace. Penalties and forfeitures. how to be recovered. 14. And be it further enacted, that every such master or mistress shall, at the Epiphany sessions in every year, make or cause to be made an entry in a book to be kept for that purpose by the clerk of the peace of the county, riding or division in which any mill er factory shall be situate, of every such mill or factory occupied by him or her wherein three or more apprentices, or twenty or more other persons shall be employed; and the said clerk of the peace shall receive for every such entry the sum of two shillings and no more. 15. And be it further enacted, that all offences for which any penalty is imposed under this act, shall and may be heard before any two or more justices of the peace, acting in or for the place where the offence shall be committed; and all penalties and forfeitures by this act imposed, and all costs and charges attending the conviction of any such offender or offenders, shall and may be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of any two or more justices of the peace acting for the county, stewartry, riding, division or place where such offence shall be committed, rendering the overplus (if any) to the party or parties offending; and which warrant such justices are hereby empowered and required to grant, upon conviction of the offender, either by confession, or upon the oath of one or more credible witness or witnesses (which oath such justices are hereby empow ered to administer); and in case such distress cannot be found, and such penalties, forfeitures and costs shall not be forthwith paid, it shall and may be lawful for such justices, and they are hereby empowered and required, by warrant under their hands and seals, to commit such offender or offenders to the common gaol or house of correction of the county, stewartry, riding, division or place where the offence shall be committed, for any time not exceeding two calendar months, unless the said penalty, forfeiture and costs shall respectively be sooner paid and satisfied: provided always, that no warrant of distress shall be issued for levying any such penalty, forfeiture or costs, until six days after the offender shall have been convicted, and an order made upon him or her for payment thereof; and no such conviction shall be removable by certiorari or bill of advocation into any court whatsoever. 16. And be it further enacted, that every such conviction before such justices may be made in the following form; to wit, Form of con- County of BE it remembered, that on the viction (y). of to wit. day in the year convicted before county of A. B. was, as the case shall happen to be], in (y) See 11 & 12 Vict. c. 43. 'pursuance of an act, passed in the forty-second year of the reign of his Majesty King George the Third, for [or, as the case may be]. Given under our hands and seals, the day and year above ' written.' Which conviction shall be certified to the next general quarter sessions, there to be filed amongst the records of the county, riding or division. 17. And be it enacted, that this act shall be deemed and taken to Publick act. be a publick act, and shall be judicially taken notice of as such, by all judges, justices and others, without specially pleading the same. SCHEDULE TO 5 GEO. 4, c. 96. Form of the Award to be written at the Foot or upon the Back of the We, I. K. and L. M. [name and describe the referees], the referees appointed to settle the matters in dispute between the parties within named [or, I. K., one of the referees so appointed; or, L. M., the other referee appointed, having failed to attend; or, I, N. O., the justice, as the case may be]; do hereby adjudge and determine that [here set forth the determination; to which the referee or referees or justice, as the case may be, shall subscribe their names]. Form of Endorsement, extending the Time limited for making the We, A. B. and C. D., parties to the within reference, do hereby agree to extend the same to the Witness our hands this Witness day of day of inclusive. A. B. C. D. Form of Acknowledgment of Fulfilment of the Award, to be written at the Foot or on the Back thereof. I, A. B., do hereby acknowledge that the above award hath been fulfilled by C. D., who is hereby discharged of the same. Witness my hand this day of Witness A. B. Form of the Oath to be administered by the Arbitrators or Justice to the The evidence that you shall give before us, the arbitrators appointed by A. B. and C. D. [the parties] to determine the matters in difference between them under and by virtue of an act passed in the fifth year of the reign of King George the Fourth, intituled, " An Act to consolidate and amend the Laws relative to the Arbitration of Disputes between Masters and Workmen," shall be the truth, the whole truth, and nothing but the truth. So help you GOD. Form of Commitment of a Person summoned as a Witness before the Whereas proof on oath hath been made before me, one of his on this division, city, burgh, liberty, town or place] of day of that A. B. hath been duly summoned and hath neglected to appear and give evidence before C. D. and E. F., the arbitrators appointed by and between G. H. and I. K. to determine the matters in dispute between them, at in the county [or riding, stewartry, division, city, burgh, liberty, town or place] of on the day of under and by virtue of an act made in the fifth year of the reign of his present Majesty, intituled An Act" [here set forth the title of this act (z)] and the said A. B. being required by me, the said justice, to give evidence before the said arbitrators, and still refusing so to do, therefore I, the said justice, do hereby, in pursuance of the said act, commit the said A. B. to the [describing the prison and the house of correction], there to remain, without bail or mainprize, for his [or her] offence aforesaid, until he [or she] shall submit himself [or herself to be examined and give his [or her] evidence before the said arbitrators touching the matters referred to them as aforesaid, or shall otherwise be discharged by due course of law: And you, the [constable or other peace officer or officers to whom the warrant is directed], are hereby authorized and required to take into your custody the body of the said A. B., and him [or her] safely to convey to the said prison [or house of correction], and him [or her] there to deliver to the gaoler [or keeper] thereof, who is hereby authorized and required to receive into his custody the body of the said A. B., and him [or her] safely to detain and keep pursuant to this commitment. Given under my hand this day of in the year of our Lord [This commitment to be directed to the proper peace officer and the gaoler [or keeper] of the prison [or house of correction]. to an act passed in the fifth year of the reign of his present Majesty, intituled "An Act" [state the title of this act (a)] is liable to pay to and also the sum of of and the said the sum of having refused or neglected to pay the same for the space of two days and upwards subsequent to the making such award, these are therefore to command you to levy the said sum of by distress and sale of the goods and chattels of the said and I do hereby order and direct the goods and chattels so to be distrained to be sold and disposed of within days, unless the said sum of for which such distress shall be made, together with the reasonable charges of taking and keeping such distress, shall be sooner paid: and you are also hereby commanded to certify to me what you shall do by virtue of this my warrant. Given under my hand and seal at I the day of Form of the Constable's Return to the Warrant of Distress. constable of do hereby certify to justice of the peace of that I have made diligent search for, but do not know of, nor can find any goods and chattels of distress and sale whereof I may levy the sum of by pursuant to (z) See last form, supra. (a) See form, supra. his warrant for that purpose. Dated the the year of our Lord' day of day of Given under my hand this in the year of our Lord in Here name To the constable of Form of Commitment thereupon to the House of Correction. the county. the house of correction at Whereas on the of day of and also to the keeper of under an award made by in the year of our Lord the sum of pur suant to an act passed in the fifth year of the reign of his present Majesty, intituled "An Act" [state the title of this act (b)] became liable to pay to and also the sum of for costs, time and expenses, making together the sum of and having refused or neglected to pay the same for the space of two days and upwards subsequent to the making of such award, my warrant was according to the provisions of the said act duly made and issued for the levying the said sum of tress and sale of the goods and chattels of the said whereas it appears by the return of day of by dis : and constable of dated the that he hath made diligent search for, but doth not know of, nor can find any goods and chattels of the said by distress and sale whereof the said sum of may be levied pursuant to my said warrant : These are therefore to command you the said constable of to apprehend the said and convey him to the said house of correction at aforesaid and deliver him there to the keeper of the said house of correction; and these are also to command you the keeper of the said house of correction to receive him the said into the said house of correction, and there keep him without bail or mainprize for the space of months, unless the said sum of so ordered to be paid as aforesaid, shall be sooner satisfied, with all reasonable expenses. Given under my hand and seal at the day of Form of Commitment where the Warrant of Distress is withheld. Here name To the constable of the county. the house of correction at to an act passed in the fifth year of the reign of his present Majesty, intituled "An Act" [state the title of this act (b),] became liable to pay and also the sum of for costs, which he has time and expenses, making together the sum of refused or neglected to pay for the space of two days and upwards subsequent to the making of such award; and whereas it appears to me that the recovery of such sum and warrant of distress, and sale of the goods and chattels of the said will be attended with consequences ruinous or in an especial manner injurious to the defaulter [and his family, if any], and I have therefore determined to withhold such warrant, and to commit the said to prison pursuant to the said act: These are therefore to command you the said constable of to apprehend the said and convey him to the said aforesaid, and deliver him there to the house of correction at keeper of the said house of correction; and these are also to command (b) See supra. you the keeper of the said house of correction to receive him the into the said house of correction, and there keep him said without bail or mainprize for the space of the said sum of months, unless so ordered to be paid as aforesaid shall be sooner satisfied with all reasonable expenses. Given under my hand and seal at the day of SCHEDULE TO 6 GEO. 4, c. 129. Form of Conviction and Commitment. day of in the Be it remembered, that on the year of his Majesty's reign, and in the year of our Lord A. B. is convicted before us [naming the justices], two of his Majesty's justices of the peace for the county [or riding, division, city, liberty, town or place] of of having [stating the offence] contrary to the act made in the sixth year of the reign of King George the Fourth, intituled "An Act to repeal the Laws relating to the Combination of Workmen, and to make other provisions in lieu thereof," and we the said justices do hereby order and adjudge the said A. B. for the said offence to be committed to and contined in the common gaol for the said county [or riding, division, city, liberty, town or place] for the space of or to be committed to the house of correction at within the said county [or riding, division, city, liberty, town or place] there to be kept to hard labour for the space of Given under our hands the day and year above written. at Form of Commitment of a Person summoned as a Witness. Whereas C. D. hath been duly summoned to appear and give evidence before us [naming the justices who issued the summons] two of his Majesty's justices of the peace for the county [or riding, division, city, liberty, town or place] of on this day of being the time and place appointed for hearing and determining the complaint made by [the informer or prosecutor] before us against A. B., of having [stating the offence as laid in the information] contrary to the act made in the sixth year of the reign of King George the Fourth, intitutled "An Act" [here insert the title of this act (c)]: And whereas the said C. D. hath not appeared before us at the time and place aforesaid specified for that purpose or offered any reasonable excuse for his [or her] default [or, and whereas the said C. D. having appeared before us at the time and place aforesaid specified for that purpose, hath not submitted to be examined as a witness and give his [or her] evidence before us touching the matter of the said complaint but hath refused so to do] therefore we the said justices do hereby in pursuance of the said statute commit the said C. D. to the [describing the prison] there to remain without bail or mainprize for his [or her] contempt aforesaid for three calendar months or until he [or she] shall submit himself [or herself] to be examined and give his [or her] evidence before us touching the matter of the said complaint or shall otherwise be discharged by due course of law: And you the [constable or other peace officer or officers (c) See last form. |