Vide s. 19; Arch. p. 152; Vide s. 2; Arch. p. 156; of, unless the said sum for costs, and all costs and charges of the said at in the [county] aforesaid. • Referred to in No. 37, post. 35. Indorsement in Backing a Warrant of Distress (N. 3). Whereas proof upon oath hath this day been made before me, one of her Majesty's justices of the peace in and for the said to wit. [county] of that the name of J. S. to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned: I do therefore authorize W. T., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom the same may be lawfully executed, and also all constables and other peace officers of the said [county] of to execute the same within the said [county] of · Given under my hand this day of in the year of our Lord one thousand eight hundred and J. B. 36. Constable's Return to a Warrant of Distress (N. 4). I, W. T., constable of, in the [county] of ——, do hereby certify to J. S., Esquire, one of her Majesty's justices of to wit. the peace for the said [county], that by virtue of this warrant I have made diligent search for the goods and chattels of the withinmentioned C. D., and that I can find no sufficient goods or chattels of the said C. D. whereon to levy the sums within mentioned. Witness my hand this day of in the year of our Lord one thousand eight hundred and W. T. (i) As a minute of the order under sect. 17 must be served before the issue of this distress warrant, this recital should he altered as in other forms in Jervis's Act, as follows: "And whereas, after the making of the said order of dismissal, a copy of the minute thereof was duly served upon the said C. D., but the said C. D. did not then pay, nor hath he paid, the said sum of for costs, or any part thereof, but therein hath made default." 37. Warrant of Commitment for Want of Distress in the last Vide s. 26; Case (Q. 2). day of To the constable of · sum, and all costs and charges of the said distress, [and of the commitment day of in the [county] aforesaid. at J. S. (L. s.) £ s. d. Arch. p. 172; Oke's Syn.p.36. Total....£ 38. Warrant of Commitment of Complainant for Costs, im- to wit. information and complaint was laid before the undersigned of her Majesty's justices of the peace in and for the said [county] of [or "counties of and, being adjoining counties"] for that A. B. of the [parish] of in the [county] of — did, on the day of at the [parish] of in the [county] of aforesaid [here set out the offence as in the order of dismissal or summons,] contrary to the form of the statute in such case made and provided: and afterwards, to wit, on the in the year of our Lord one thousand eight hundred and at the, in the said [county] of [to which day the hearing of this case was duly adjourned, and of which the said C. D. had due notice] both parties appearing before the undersigned [one] of her Majesty's justices of the peace for the said county of ---order that should hear and determine the same [or "the said A. B. appearing before [me] the undersigned [one] of her Majesty's justices of the peace for the said county of, but the said C. D., although duly called, day of in not appearing"]: And the several proofs adduced to [me] in that behalf, aforesaid. at J. S. (L. s.) MEM. To be placed in the margin of this form. £ s. d. Costs ordered.. Commitment Vide s. 14; Arch. p. 133; 39. Conviction for a Penalty, to be levied by Distress, and in Default of sufficient Distress, Imprisonment (I. 1). Be it remembered, that on the day of in the year to wit. of our Lord -, at in the said [county], A. B. is convicted before the undersigned, [one] of her Majesty's justices of the peace for the said county, for that [he the said A. B, &c., stating the offence, and the time and place when and where committed]; and I adjudge the said A. B. for his said offence to forfeit and pay the sum of [stating the penalty, and also the compensation, if any,] to be paid and applied according to law, and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith [or "on or before next"]* I order that the same be levied by distress and sale of the goods and chattels of the said A. B., and in default of sufficient distress • Or where the issuing of a distress warrant would be ruinous to the 40. Conviction for a Penalty, and in default of Payment, (Id.) Imprisonment (I. 2). - -, at Be it remembered, that on the day of in the year to wit. of our Lord in the said [county], A. B. is convicted before the undersigned, [one] of her Majesty's justices of the peace for the said county, for that [he the said A. B., &c., stating the offence, and the time and place when and where it was committed]; and I adjudge the said A. B. for his said offence to forfeit and pay the sum of [stating the penalty, and the compensation, if any,] to be paid and applied according to law, and also to pay to the said C. D. the sum of —, for his costs in this behalf; and if the said several sums be nat paid forthwith [or "on or before next," I adjudge the said A. B. to be imprisoned in the [house of correction] at in the said [county], [and there to be kept to hard labour] for the space of, unless the said several sums [and the costs and charges of conveying the said A. B. to the said house of correction,] shall be sooner paid. Given under my hand and seal, the day and year first above mentioned, at in the [county] aforesaid. J. S. (L. s.) 41. Conviction when the Punishment is by Imprisonment, (Id.) &c. (I. 3). 7 Be it remembered, that on the day of, in the year to wit. of our Lord, in the said [county] A. B. is convicted before the undersigned, [one] of her Majesty's justices of the peace for the said [county,] for that [he the said A. B., &c., stating the offence, and the time and place when and where committed]; and I adjudge the said A. B. for his said offence to be imprisoned in the [house of correction] at in the said [county,] [and there kept to hard labour] for the space of and I also adjudge the said A. B. to pay the said C. D. the sum of for his costs in this behalf; and if the said sum for costs be not paid forthwith [or" on or before next"] then I order that the said sum be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress in that behalf* I adjudge the said A. B. to be imprisoned in the said [house of correction] [and there kept to hard labour] for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs shall be sooner paid. Given under iny hand and seal, the day and year first above mentioned, at in the county aforesaid. J. S. (L. s.) • Or where the issuing of a distress warrunt would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks,* say, inasmuch as it hath now been made to appear to me [that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. and his family," or "that the said A. B. hath no goods or chattels whereon to levy the said sum for costs by distress], I adjudge," &c. 42. General Conviction, embodying the three last, 39-41 (I. 1-I. 3), applicable for a Draft where necessary, and to several Offenders, and numerous Variations (k). Jervis's Act.) (Not in day of in the hundred and at [or " A. B. and E. F. of her Majesty's If description of division, &c. here necessary, or a certain character is given by the statute to a defendant on conviction, here insert "in petty sessions in and for the division of in the said [county] of ;" or "of being a rogue and vagabond within the intent, &c." as the case may be. If the conviction does not take place within the time prescribed for laying the information, show that the information was laid in time by inserting here "within [the time allowed for laying information] next before the laying of the information on which this conviction is founded, to wit.' on the day of at the parish of in the said county of If it be necessary to describe the occupation, &c. of the defendant, to hring him within the meaning of the particular statute, here insert "then and there being an alehouse keeper," or as the case may be, and then state the act constituting the offence complained of. contrary to the form of the statute in such case made and provided. Here insert the usual averment of a previous conviction, if necessary; as "And whereas it is now duly proved before [me] the said justice, that the said A. B. was heretofore, to wit, on the sixteenth day of October, in the year of our Lord one thousand eight hundred and forty-nine, duly convicted before J. S. Esquire, one of her Majesty's justices of the peace in and for the county of S., for that he the said A. B. did, on the day of, at the [ parish] of —, in the said [county] of [state the offence as in the previous conviction.] and the said A. B. was thereupon adjudged for his said last mentioned offence to [state the adjudication correctly.] (k) Where the penalty or punishment is adjudged different to each defendant, a separate conviction is recommended. |