(S 2) Commit

ment for want of distress.

same unto me (g), to the end that such proceedings may be had therein as to the law doth appertain. Given [&c. as ante, (K 1) p. 52].

(g) The authority of the person signing this warrant does not appear upon its face, and there should be inserted here," the undersigned, as one of such justices aforesaid."

To the constable of

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

Whereas [&c. as in the last form to the asterisk (*), and then thus] : And whereas afterwards, on the in the year aforesaid, command

day of

I the undersigned (h) issued a warrant to the constable of -
ing him to levy the said sum of for costs by distress and sale of the
goods and chattels of the said A. B.: And whereas it appears to me (i),
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 [A. B.], 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
afore-

A. B., and him safely to convey to the [house of correction] at
said, and there deliver him to the said 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 sum, and all costs and charges of the said
distress [and of the commitment and conveying of the said A. B. 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 ante, (K 1), p. 52].

(h) or "J. S., esquire, as one of such justices aforesaid."
(i) or "the undersigned, as one of such justices aforesaid."

CHAPTER II.

THE SYNOPSIS OF OFFENCES, &c.

Within the provisions of 11 & 12 Vict. c. 43 (a).

EXPLANATION OF THE COLUMNS.

OFFENCE.-The Offence is here described in the words of the Statute with all the legal exceptions and modifications, but in an abridged form; and where two or more Offences are contained in the same section each is disjointed and analysed ;-for more convenient reference the Offences are numbered consecutively in each title. STATUTE.-Here is stated the Statute creating the Offence, and in the other columns the sections only of such Statutes are stated; and where any stage of the proceedings are regulated or modified by another Statute it is mentioned in the column to which it applies. The asterisk * placed before the Statute signifies that a form of conviction is given by it, the Statute being passed subsequently to the 11 & 12 Vict. c. 43 (see Note (f), ante, p. 47, on the Practice). In the Notes at the foot referred to from this column is shown, among other matters, when the Statute imposes a penalty or other punishment different to that given by the 11 & 12 Vict. c. 43, s. 7, (ante, p. 27), on witnesses not attending to give evidence, or refusing to be examined.

TIME OF LAYING INFORMATION, &c.-This column shows whether the information is required to be in writing (see ante, p. 12, where it is recommended always to be so), when to be taken on oath (see ante, p. 13) and the time within which it must be laid after the commission of the offence. The Notes at the foot referred to from this column give the following additional particulars: where the information is required to be preferred by a particular person (see ante, p. 12), where apprehension of offenders found in the commission of offences is authorized without warrant. NUMBER AND WHAT JUSTICES TO CONVICT.-Shows whether the particular Statute requires one or two justices to hear and convict, and whether any are disqualified, or where justices of a particular locality are necessary; it is also shown where the Statute required the same who received the information to adjudicate.

Costs

PENALTY, &C. AND MODE OF ENFORCING.-This is an abridged view of the penalty or other forfeiture imposed for the offence, and the mode of enforcing payment. have not been mentioned in this column, as it will be seen, ante, p. 45, that they may be ordered in every case, but they are not enforced in the same manner in all cases; the place of imprisonment, &c. is omitted, as the 11 & 12 Vict. c. 43, authorizes it to be in all cases either in the common gaol or house of correction. This column also contains a reference to the number and page, where the form of commitment or distress warrant, required in the particular case to be used, is to be found in Chapter I. (Summary of Practice). Where the Forms do not exactly meet the circumstances of a particular case, they may be easily adapted.

IF APPEAL AND TIME, &c.--This shows whether the Statute allows of an appeal against the conviction or order. The Notes at the foot referred to from this column contain the time and manner of appealing, &c.

PENALTY, &c., TO WHOM PAYABLE.-This column shows how, and to whom, and for what purpose, the penalty, damage, &c. is to be paid and applied.

impr.
h. I..

EXPLANATIONS OF ABBREVIATIONS USED.

overseers.

calendar months.

exc.
H. M.'s

co. treas.

imp.
pen.
rem.

exceeding.
Her Majesty's.

county treasurer.
imposed.

penalty.

remainder.

(a) See the title and object of the act, ante, p. 1, and notes to p.

and 3.

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

AIDERS AND ABETTORS.

Every person who shall aid, abet, counsel or procure the commission 11 & 12 Vict. of any offence which is or hereafter shall be punishable on summary conviction [see the section, ante, p. 15].

c. 43, s. 5.

ALEHOUSES.

I. OFFENCES AGAINST THE LICENCE.

II. OTHER OFFENCES,

I. OFFENCES AGAINST THE LICENCE.

1. Fraudulently diluting or adulterating exciseable liquors.

2. Selling the same, knowing them to have been fraudulently diluted or adulterated.

3. Using, in selling thereof, any weights or measures that are not of the legal standard.

4. Wilfully or knowingly permitting drunkenness, or other disorderly conduct, in his house or premises.

5. Knowingly suffering any unlawful games, or any gaming whatsoever, therein. [See 8 & 9 Vict. c. 109, s. 11, title "Gaming Houses," and Note 80 thereto.]

6. Knowingly permitting or suffering persons of notoriously bad character to assemble and meet together therein.

7. Keeping open house (except for the reception of travellers),

or

8. Permitting or suffering any beer, or other exciseable liquor, to be
conveyed from or out of his premises,

during the usual hours of the afternoon divine service in the
church or chapel of the parish or place in which house is situated,
on Sundays, Christmas Day, or Good Friday.

[See Offence 20, 22, as to morning service.]

9. Not maintaining good order and rule therein.

[MEM. These words seem to mean no other offence than those before-
mentioned, and to come within the decision as to general words after
specific, referred to ante, p. 14; see 5 J. P. 576, 747; 10 J. P.
491.]

9 Geo. 4,

c. 61, s. 21 (Note 1).

(1) There is a penalty of not exc. £10 on witnesses refusing to be examined (s. 23). (2) Proof of Conviction.] The certificate of the clerk of the peace of a conviction is legal evidence of the same(s. 33), coupled with evidence of the identity of the offender.

(3) Appeal.] To the next general or quarter sessions, unless holden within twelve days after

conviction, and then to the next subsequent sessions; provided that appellant give notice in writing to the justices within five days after conviction, and seven days at the least before sessions, and within such five days enter into recognizance with two sufficient sureties before a justice of the county, &c.

G

OFFENCES within the 11 & 12 VICT. c. 43.

ALEHOUSES--continued.

II. OTHER OFFENCES.

10. Every person selling, bartering, exchanging, or for valuable consideration otherwise disposing of, any exciseable liquor by retail, to be drunk or consumed in his house or premises,

or

11. Permitting or suffering same, without being duly licensed [Note 4].

12. Permitting or suffering same to be drunk or consumed in his house or premises, not being the house or premises licensed [Note 4].

13. Selling, when required, in other than standard measure (except in quantities less than half a pint).

Statute.

9 Geo. 4,

c. 61, s. 18 (Note 1, ante, p. 80).

Id.

Id. s. 19.

14. Keeping open house in case of riot or tumult (at or after any hour at which two justices shall have ordered house to be closed).

Id. s. 20.

15. Knowingly harbouring

or

16. Entertaining county police,

or

17. Permitting him to abide or remain,

in his house, &c., during any part of the time appointed for his
being on duty.

2 & 3 Vict.

c. 93, s. 16 (Note 5).

18. Refusing to receive officer or soldier quartered upon him, and to 11 & 12 Vict. afford him proper accommodation, or stabling, &c.

19. Not having good and sufficient stables, refusing to pay such com

c. 11, s. 91.

22. [Any other articles, s. 3],

before half-past twelve o'clock in the afternoon, or before the
termination of the morning divine service, if not terminated by
that time, on Sundays, Christmas Day, or Good Friday, or any
day appointed for a public fast or thanksgiving (except as re-|
freshment for travellers).

c. 49, s. 4.

(4) Exception to Offence.] Not to extend to the heirs, executors, administrators or assigns of any licensed person who shall die, become bankrupt, or take the benefit of any act for the relief of insolvent debtors before the expiration of his licence, so as such sale, barter, exchange, or other disposal of liquor be made in the licensed house, and take place prior to the special sessions then next ensuing, (unless within fourteen days after death, &c.) and then to the next special session (s. 18).