whatever value the same may be, shall pass or circulate as a token 57 G. 3. c. 46. for money, or as purporting that the bearer or holder thereof is entitled to demand any value denoted thereon, either by letters, words, figures, marks, or otherwise, whether such value is to be paid or given in money or goods or other value, or in any manner whatsoever; and every person who shall, after the said 1st of Penalty. January 1818, circulate or pass, as for any nominal value in money or goods, any such token, shall, for every such token so circulated or passed, whether such person shall be or have been concerned in the original issuing or circulation of any such token, or only the bearer or holder thereof for the time being, forfeit any sum not less than 2s. nor more than 10s., at the discretion of the justice or justices of the peace who shall hear and determine such offence; provided that nothing in this act contained shall extend or be construed to extend to prevent any person from presenting any such token for payment to the original issuer thereof, or to discharge or excuse any such original issuer from his liability to pay the same: provided always, that Not to affect nothing in this act contained shall be construed as affecting Bank of Engany tokens which have been or may be issued by the Bank of land tokens. England.

§§ 3, 4, 5, 6, 7, & 8. relate exclusively to particular tokens issued at Sheffield and Birmingham.

Issuer to be liable for pay

ment.

termine offences.

By 9. one or more justices acting for the county, riding, Justices to decity, &c. may hear and determine offences against this act in a summary way, and after summoning the party accused, and also the witnesses on either side, shall examine into the matter of fact, and upon due proof, either by confession or oath of one witness, shall convict the offender and adjudge the penalty.

§ 10. If any person summoned as a witness to give evidence Witnesses not before such justice or justices shall neglect or refuse to appear attending to at the time or place appointed, without a reasonable excuse, to be forfeit 50%. allowed by such justice or justices, such person shall forfeit 50l.

§ 11. Conviction to be made out in the form following; (that is Conviction. to say,)

day of

in

BE it remembered, that on the
the year of our Lord
, A. B., having appeared before
me [or, us], one [or, more] of his majesty's justices of the peace [as
the case may be] for the county, riding, city, or place [as the
case may be], and due proof having been made upon oath by one
or more credible witness or witnesses, or by confession of the party
[as the case may be], is convicted of [specifying the offence], in
the sum of-
Given under my hand and seal [or, our hands
and seals], the day and year aforesaid.

Which conviction shall be returned to the then next general quarter
sessions of the peace of the county, city, riding, or place where
such conviction was made, to be filed and kept among the records
of such county, &c.

clerk of the any

peace for any

12. It shall be lawful for county, &c., and he is hereby required, upon application made to

Clerk of the

peace to deliver

a copy thereof

him, to cause a copy or copies of any conviction or convictions on payment of filed by him under this act, to be delivered to such person or persons, upon payment of 1s. for every such copy.

1s.

§ 13. The pecuniary penalties and forfeitures hereby incurred Recovery and

57 G. 3. c. 46.

distribution of penalties.

Warrant of
Distress.

For detaining

and made payable upon any conviction, shall be forthwith paid by the person convicted, as follows; one moiety of the forfeiture to the informer, and the other moiety to the poor of the parish or place where the offence shall be committed; and in case such person shall refuse or neglect to pay the same, or to give sufficient security to the satisfaction of such justice or justices to prosecute any appeal against such conviction, such justice or justices shall by warrant under his or their hand and seal, or hands and seals, cause the same to be levied by distress and sale of the offender's goods and chattels, together with all costs and charges attending such distress and sale, returning the overplus (if any) to the owner; and which said warrant of distress the said justice or justices shall cause to be made out in the manner and form following; (that is to say,)

To the constable, headborough, or tithingman of

WHEREAS A. B. of, in the county of -

is this

day convicted before me [or, us], one [or, more] of his majesty's justices of the peace [as the case may be] for the county riding of the county of

[or, for the

of
for the town, liberty, or district of
upon the oath of

[or,

, or,

as the case may be], a credible witness or wit

nesses] [or, by confession of the party, as the case may be], for
that the said A. B. hath [here set forth the offence], contrary 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, there-
fore, in his 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
days next after such distress by you
taken, the said sum, together with reasonable charges of taking the
same, shall not be paid, then that 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

of who informed me [or, us, as the case may be] of the said offence, and the other half of the said sum of to the overseer of the poor of the parish [township or place] where the offence was committed, to be employed for the benefit of such poor, returning the overplus (if any) upon demand to 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 of that then you certify the same to me [or, us, as the case shall be], together with this warrant. Given under my hand and seal [or, our hands and seals], the

of

in the year of our Lord

day

§ 14. It shall be lawful for such justice to order such offender offenders till re- to be detained in safe custody until return may conveniently be turn of warrant. made to such warrant of distress, unless the party so convicted shall give sufficient security for his appearance before the said justice, on such day as shall be appointed for the return of the said warrant of distress (such day not exceeding five days from the taking of such security), which security the said justice is empowered to take, by way of recognisance or otherwise.

Committal of defaulters.

§ 15. If upon such return no sufficient distress can be had, 57 G.3. c. 46. the said justice shall commit such offender to the common gaol or house of correction of the county, &c. where the offence shall be committed, for one calendar month, unless the penalty shall be sooner paid, or unless such offender shall give notice to the informer that he intends to appeal to the next general quarter sessions of the peace to be holden for the county, &c., and shall enter into recognisance before some justice, with two sufficient sureties, conditioned to try such appeal, and to abide the order of and pay such costs as shall be awarded at such quarter sessions; which notice of appeal, being not less than eight days before such quarter sessions, such person so aggrieved is empowered to give; and the said justices at such sessions, upon due proof of such notice being given, and of the entering into such recognisance, shall hear and finally determine the causes and matters of 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; and the determination of such quarter sessions shall be final.

§ 16. Parishioners may be witnesses, and no conviction shall be Competency of quashed for want of form, or be removed by writ of certiorari, &c. witnesses. § 17. All actions shall be commenced within three calendar Proceedings not months after the fact was committed. The defendant may plead by certiorari. the general issue, and if judgment be given against the plaintiff, Limitation of the defendant shall recover treble costs.

to be removed

actions.

Not to extend

18. Provided that nothing in this act contained shall extend to any copper monies of the realm now current, or to be current to copper by virtue of any proclamation that shall have been or may be monies of the issued by H. M.

A. Information against a Person for Coining. County of THE information of A. I. of

county of

labourer,

to wit. before me J. P. esquire, one of his the peace for the county aforesaid, the one thousand eight hundred and

situate at

-

day of

in the said

taken upon oath majesty's justices of day of

This informant, on his oath, deposeth and saith, that on the last past, in the dwelling-house of B. C., in the county aforesaid, A. O., of the parish of aforesaid, silversmith, had in his possession divers moulds and tools made use of in the clipping and coining of money; and that he, this informant, saw the said A. O. coin several silver shillings and silver sixpences, in imitation of the lawful coin of this realm; and farther, that he saw the said A. O. offer in the said shillings thereof in payment to D. E., of county of as justly suspecting that they were counterfeited.

at

Sworn the day and year aforesaid,

,

aforesaid, who refused the same,

A. I.

realm.

A.

before me,

J. P.

C.

WHEREAS A. I., of

in the county aforesaid,

hath this day made oath before me J. P., esquire, one of his majesty's justices of the peace for the county aforesaid, that on the last, A. O., of the parish of

in

day of

did coin several pieces of money, to wit,

aforesilver

said,
shillings and silver sixpences, at the dwelling-house of B. C., situate
aforesaid, in imitation of the lawful coin of this realm,
and contrary to the laws thereof. These are therefore, in his ma-
jesty's name, to require and authorise you to apprehend the said A. O.,
and to bring him before me, or some other of his majesty's justices
of the peace for the said county, to be examined in the premises, and
to be dealt with according to law. Given under my hand and seal,
day of one thousand eight hundred and
J. P. (L. S.)

this

C. Commitment for uttering counterfeit Coin.
J. P. esq. one of the justices of our lord the king,
assigned to keep the peace within the said county.
To the constable of —
in the said county,

County of

to wit.

and to the keeper of the common gaol at
in the said county.

THESE are to command you, the said constable, in his said majesty's
name, forthwith to convey and deliver into the custody of the
said keeper of the said common gaol the body of A. O., charged
this day upon the oath of A. I., before me the said justice, with
having on the
day of instant, at
in the said
county, unlawfully and deceitfully uttered and paid to him the said
A. I. one piece of false money, made and counterfeited to the like-
ness and similitude of the lawful and current coin of this realm,
called a half crown; the said A. O. then and there well knowing
the said piece of money to have been false and counterfeit. And you,
the said keeper, are hereby required to receive the said A. O. into
your custody in the said common gaol, and him there safely keep,
until he shall be from thence discharged by due course of law.
Hereof fail you not. Given under my hand and seal, the
year of our Lord one thousand eight hundred
J. P. (L. S.)

day of

and

in the

Without war

rant.

Commitment.

ANCIENTLY there were more felons committed to gaol without mittimus in writing than were with it: such were all the commitments by constables, watchmen, and private persons arresting for felony, and bringing to the common gaol, long before there were any justices of the peace; and yet mittimuses are not of so ancient date even as they. 1 Hale, 610.

But now, since the habeas corpus act, a commitment in writing seems more necessary than it was in former times; otherwise the prisoner may be admitted to bail upon that act, whatsoever his offence may have been. See antè, p. 70.

When a statute appoints imprisonment, but limits no time, it is Commitment, to be understood that he shall be imprisoned presently. Dalt. when.

c. 170.

Concerning which I will set forth,

I. Who may be committed.

[15 G. 2. c. 24. 5 G. 4. c. 18.7 G. 4. c. 64. -
7 & 8 G. 4. c. 29. c. 30.9 G. 4. c. 31.]

II. To what Place.

[5 H. 4. c. 10.-6 G. 1. c. 19.-15 G. 2. c. 24.-24 G. 2.
c. 55. 60 G. 3. & 1 G. 4. c. 14. - 4 G. 4. c. 64.]

III. The Form of the Commitment.

[7 & 8 G. 4. c. 29. c. 30.9 G. 4. c. 31.]

IV. Charges of the Commitment.

[3 J. 1. c. 10. § 1.-27 G. 2. c. 3. §§ 1. 4.] V. That the Gaoler shall receive the Prisoner. VI. Shall certify the Commitment.

[3 H. 7. c. 3.]

VII. Commitment discharged.

I. Who may be committed.

There is no doubt but that persons apprehended for offences Persons not which are not bailable, and also all persons who neglect to offer bailable, or not bail for offences which are bailable, must be committed. 2 Haw. finding bail. c. 16. § 1. But not unless a prima facie case is made out against them by witnesses entitled to a reasonable degree of credit. Per Bayley J. in Cox v. Coleridge, 1 B. & C. 43. 50., where he expresses himself not satisfied with the authority of Dalt. c. 164. pp. 407, 408. And it is said, that wheresoever a justice is empowered by any statute to bind a person over, or to cause him to do a certain thing, and such person being in his presence shall refuse to be bound, or to do such thing, the justice may commit him to the gaol, to remain there till he shall comply. 2 Haw. c. 16. § 2. A justice of the peace may commit a feme covert who is a material witness upon a charge of felony brought before him, and who refuses to appear at the sessions to give evidence, or to find sureties for her appearance. Bennet and Wife v. Watson and another, T. 1814, 3 M. & S. 1. Vide post, tit. Examination.

By stat. 15 G. 2. c. 24. when any person liable by law to be committed to the house of correction shall be apprehended within any liberty, city, or town corporate, whose inhabitants are contributory to the support and maintenance of the house or houses of correction of the county, riding, or division in which such liberty, city, or town corporate is situate, it shall and may be lawful for the justices of the peace of such liberty, city, or town

Persons guilty of contempt in disobeying legal authority of justice. Person refusing to be witness or to give sureties

to appear.

15 G. 2. c. 24. Justices of liberty, &c.

may commit offenders to

house of correction, &c. of the county, &c.