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This form is at p. 58.

Sect. 23, ante, p. 59, applies also to where an order is for the payment of and the statute makes no provision for such money, sum being levied by distress; a commitment issues, which inIcludes the costs.

(02) Commit

ment immediate

or after time given.

To the constable of

FORM.

and to the keeper of the [house of correc

tion] at in the said [county] of

Whereas on

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last past complaint was made before the undersigned (z) [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

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day of

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then next, and

for his costs in that behalf; said several sums should not then next, the said A. B. should in the said county [and unless the said several

at the parties appeared before [me] the said justice (aa) [or as it may be in the order], and thereupon having considered the matter of the said complaint, I (bb) adjudged the said A. B. to pay to the said C. D. the sum of- on or before the also to pay to the said C. D. the sum of and I (cc) also thereby adjudged that if the be paid on or before the day of be imprisoned in the [house of correction] at there kept to hard labonr] for the space of sums [and the costs and charges of conveying the said A. B. to the said house of correction] should be sooner paid (dd): 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 to take the said A. B. and him safely convey to the said [house of correction] at aforesaid, and there to deliver him to the kepeer 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 sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given, [&c. as (K 1), ante, p. 52].

MEM. To be placed in the margin of this form.

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£ s. d.

(aa) or "J. N., esquire, [or me the undersigned'], as one of such justices aforesaid."

(bb) or "it was thereby adjudged that."

(cc) or "it was.".

(dd) There is no mention here (as in (P 4) and (P 2)) of the minute of the order being served:—the words used in these forms may be here inserted.

Sect. 19, ante, p. 61, applies equally to cases where an order Where the sum requires payment of a sum of money, and by the statute autho- is to be levied by distress, and imrizing such order such sum is to be levied by distress; a war- prisonment in rant of distress (N 2) should issue in the usual manner, and the default. proceedings throughout would be the same as on a conviction, and the observations thereon, ante, as to the manner of levying the distress, &c. would be applicable here.

on

To the constable of
[county] of -

Whereas on

at

FORMS.

and to all other peace officers in the said (N 2) Distress

last past a complaint was made before the undersigned (ee) [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, the said parties appeared before me [or as in the order] (f), and thereupon having considered the matter of the said complaint, I(gg) adjudged the said A. B. to [pay to the said C. D. the sum of on or before the then next], and also to pay to the said C. D. the sum of for his costs in that behalf; and I (hh) 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 goods and chattels of the said A. B.; and it was adjudged that in default of distress in that behalf 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 all costs and charges of the distress, [and of the commitment and conveying of the said A. B. to the said house of correction] should be sooner paid (ii): and whereas the time in and by the said order appointed for the payment of the said several sums of and bath elapsed, but the said C. D. hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you, in her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B.; and if within the space of days after the making of such distress the said last-mentioned sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels, so by you distrained, and do pay the money arising from such sale unto the clerk of the justices of the peace for the division of —, in the said [county], that he may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said A. B.; and if no

MEM. To be placed in the margin of this form.

warrant.

Form (N 5), ante, p. 64.

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(ee) or J. S., esquire."

Total.....

£

£ s. d.

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(f) or "J. N., esquire, [or me the undersigned'], as one of such justices aforesaid."

(gg) or "it was thereby adjudged that."

(hh) or "it was."

(ii) See note (dd), ante, p. 68.

(02 a) Commitment where

the distress would be

ruinous, or on confession of no goods (kk).

Where no remedy given in default of distress (ll),

or where there is no remedy

for enforcing

payment.

Liberate or dis

charge by a justice on payment of penalty.

Costs on dismissal.

Expenses of conveying to gaol.

such distress can be found, then that you certify the same unto me (jj), to the end that such proceedings may be had therein as to the law doth appertain. [Add here the form of detention at foot of (N 1), ante, p. 64]. Given, [&c. as (K 1), ante, p. 52].

(jj) See note (q), p. 64.

[Proceed as in (0 1 c), ante, p. 64, but instead of reciting (N 1), recite (N°2) above to the asterisk*; then follow (0 1 c) to the end].

(kk) This form is not given by the statute.

(N 1 a). Recognizance till return of distress warrant, ante, p. 64.

(N 3) and (N 4). Indorsement and constable's return, ante, p. 37. (N 5). Commitment for want of distress, ante, p. 64.

In these cases sections 22 (p. 65) and 19 (p. 61), on convictions, will apply to orders for payment of sums of money.

The form in the former case will be (N 5), ante, p. 64; and in the latter (N 2), (O 2 a), (N 1a), (N 3), (N 4) and (N 5).

FORMS.

J. S. esquire, one of her Majesty's justices of the peace in and
for the [county] of C., to the keeper of the [house of correc-
tion] at C., in the same [county], greeting:

to wit.
Discharge out of your custody in the said [house of correction] the body
of A. B. of [&c.], if detained for no other cause than what is mentioned
in my warrant of commitment dated the
instant [the
said A. B. having this day paid] the sums of money therein mentioned
[having this day been paid], according to the purport thereof. Given
&c. [as (K 1), ante, p. 52].

day of

.3. Enforcing Costs on Dismissal of Information or Complaint. It will be seen, ante, p. 36, that the costs on the dismissal of an information or complaint are recovered by distress, and in default thereof, imprisonment for not exceeding one calendar month.

The forms are given at p. 37, 38.

4. Enforcing Costs of Conveyance to Gaol.

By the 3 Jac. 1, c. 10, s. 1, which remains unrepealed, it is provided, that if the party committed be of sufficient ability to pay the expenses of his being conveyed to prison, and the charges

(1) The repealed statute 5 Geo. 4, c. 18, s. 1, only applied to penalties, and not to other sums of money, such as wages, and in the latter cases there formerly could be no imprisonment in default of distress. (Wiles v. Cooper, 5 N. & M. 276.)

of such as may be appointed to guard him thither, he shall do By distress. so; or if he refuse, the justice committing him may, by his warrant, command the constable where the offender dwells, or from whence he shall be committed, or where he shall have goods within the county or liberty, to sell so much of the same as in the discretion of the said justice shall be sufficient to pay such charges and expenses, the goods to be appraised by four honest inhabitants of the parish where such goods shall be, and the overplus (if any) delivered to the party. (Vide form below). The 27 Geo. 2, c. 3, s. 1, provides that where the party has no sufficient goods or money for such purpose (i. e. to the charges and expenses of conveying him to prison), then, upon application of the constable who conveyed him, the justice, after examining and ascertaining the reasonable expense, shall, by warrant under his hand and seal, order the treasurer of the county or place (or, in Middlesex, the overseers of the parish where the offender was apprehended) to pay the same. (Vide form of order, p. 72).

repay

It will have been observed, that in many of the instances of committals the expenses of conveyance to gaol are specially provided to be paid with the penalty, &c., if the defendant do not suffer the imprisonment; in those cases the 3 Jac. 1, c. 10, above, could not be resorted to in order to levy a distress on the defendant's goods for those expenses, as the justice will have exercised the whole of his functions over him, and it is questionable whether an order could then be made, under 27 Geo. 2, c. 3, on the county treasurer for the amount; for the latter statute applies only to cases where the party has no goods, and which the justices could not certify; but, under such circumstances, the order might be made as altered, and would doubtless be complied with. In the other instances where the justices exercising the discretion given to them by the 11 & 12 Vict. c. 43, do not include the costs of conveyance to prison in the warrant of commitment, the 3 Jac. 1, e. 10, and the 27 Geo. 2, c. 3, may be applied in the usual manner without alter

ation.

If no goods, order on county treasurer.

FORMS.

To the constable of the parish of C. in the county of C. to wit. Whereas by warrant under the hand and seal of me J. S. esquire, one [or "us J. S. and F. G. esquires, two"] of her Majesty's justices of the peace in and for the said [county] of C., bearing date the day of

last, A. B. of [&c.] was committed to the [house of correction] at

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Order on treasurer for expenses of conveying offender to gaol.

No specific appropriation in

forms necessary.

C. in and the said [county] of C. for [here state the offence as in the com-
mitment], he the said A. B. having means or ability to bear his own rea-
sonable charges for so conveying or sending him to the said [house of
correction], and the charges of those appointed to guard him thither:
And whereas M. N. constable of the parish of C. in the [county] of C.
aforesaid, who in obedience to such warrant conveyed the said A. B. to
the said [house of correction], hath made oath before me [us] the said jus
tice, that the said A. B. refused at the time of his commitment and send-
ing to the said [house of correction] to defray the said charges of conveying
him as aforesaid, and did not then pay nor hath since paid the same,
which said charges amount to the sum of
These are therefore to
command you the said constable of the parish of C. aforesaid to sell such
and so much of the goods and chattels of the said A. B. as shall satisfy
and pay the sum of being the charges of such his conveying to the
said [house of correction], the appraisement to be made by four of the
honest inhabitants of the parish where such goods and chattels shall
be; and I [we] do hereby order and direct the goods and chattels so to
be distrained to be sold and disposed of at the expiration of four days
from the time of taking such distress, 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, returning the
overplus [&c. conclude as in (N 1), ante, 63)].

to wit.

To the treasurer of the [county] of C.

Whereas application hath been this day made to me J. S. esquire, one of her Majesty's justices of the peace in and for the [county] aforesaid, by M. N. one of the constables of the parish of C. in the same [county], to allow of the reasonable expenses of his conveying A. B. to the [house of corection] at C. in and for the said [county], who was by me committed on the day of instant, for [state the offence shortly]; and it having been duly made appear to me the said justice that the said A. B. hath not money nor goods within the said county sufficient to bear the charges of himself and those who conveyed him to the said gaol, and I having examined into the expenses thereof, and made due inquiry into the premises, do hereby ascertain and allow the reasonable expenses thereof at the sum of which I hereby order and require you the treasurer of the said [county] forthwith to pay to the said M. N. Given under my hand and seal, this day of

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A. D. 1848.

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J. S. (L. s.)

Or where the defendant has suffered imprisonment under the commitment, in which the costs of conveyance to gaol were included, omit the part between the asterisks, and add at the end, "the said sum of having been inserted in the warrant of commitment for the offence aforesaid, and the said A. B having been imprisoned for the full term therein ordered, without paying the amount thereof.

SECT. 7. OF THE APPLICATION OF PENALTIES, &c. One of the greatest improvements effected by the 11 & 12 Vict. c. 43, is the short forms of convictions, orders and commitments, which do not require the specific appropriation of the penalties, compensation or sums of money to be inserted therein, as previously. Under the Acts 7 & 8 Geo. 4, cc. 29, 30, which are otherwise well executed, the appropriations of the penalty and damage took up half of the form.

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