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of , unless the said sum for costs, and all costs and charges of the said distress, and of the commitment and conveying of the said C. D. to the said (house of correction), should be sooner paid]: * And whereas the said T. D., being now required to pay unto the said A. B the said sum for costs, hath not paid the same or any part thereof, but therein hath made default(i): These are therefore to command you, in her Majesty's name, forth with to make distress of the goods and chattels of the said C. D.; and if, within the space of days next after the making of such distress, the said last-mentioned sum, 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 to -, 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 C. D., and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand and seal this

day of

in the year of our Lord in the [county) aforesaid.

J. S. (...) • Referred to in No. 37, post.

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Vide s. 19;

35. Indorsement in Backing a Warrant of Distress (N.3). Arch.

p.

152 ; Saund. p. 114;

Whereas proof upon oath hath this day been made before me, Oke's Syn.p.61. 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 men-
tioned: 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 -
in the year of our Lord one thousand eight hundred and

J. B.

day of

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Vide s. 2 ;

36. Constable's Return to a Warrant of Distress (N. 4). Arch. p. 156; Saund. p. 116;

I, W. T., constable of in the [county) of do Oke's Syn.p. 62. hereby certify to J. S., Esquire, one of her Majesty's justices of

to wit. Ithe 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

in the year of our Lord one thousand eight hundred and

W. T.

day of

(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 bath made default."

at

day of

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37. Warrant of Commitment for Want of Distress in the last Vide s. 26; Case (Q. 2).

Arch. p. 172;

Saund. p. 121; To the constable of —, and to the keeper of the [house of correction]

Oke's Syn.p.36. in the said (county] of Whereas (&c., as in the form No. 34, ante, 35, to the asterisk,* and then thus]: And whereas afterwards, on the

- , in the year aforesaid, I the said justice issued a warrant to the constable of —, commanding bim to levy the said sum of - for costs by distress and sale of the goods and chattels of the said C. D.: And whereas it appears to me 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 C. D., 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 C. D., and him safely convey to the house of correction) at aforesaid, 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 C. D. into your custody in the said [house of correction) there to imprison him (and keep him to hurd 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 C. D. to the said house of correction,) amounting to the further sum of -, sball be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this

in the year of our Lord - in the [county) aforesaid.

J. S. (L. S.)
MEM. To be placed in the margin of the form. £ s. d.

Costs ordered....
Distress Warrant and..
Charges of distress...
Commitment and conveyance to gaol

day of

at 2

Total....£

day of

1

day of

38. Warrant of Commitment of Complainant for Costs, immediate on Confession of no Goods, Sc. (Not in Jervis’s Act.) To the constable of the parish] of -, and to the keeper of the

(common gaol ] at in the said [county] of County of Whereas on the

-information and complaint was laid before the undersigned of her Majesty's to wit. (or " counties of and

being adjoining counties”] for that A. B. of the (parish] of in the county) of — did, on the

-, 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

day of

in the year of our Lord one thousand eight hundred and

-, 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 in 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,

at the in

day of

not appearing"]: And the several proofs adduced to [me) in that behalf, being by (me] duly heard and considered, and it manifestly appearing to [me) that the said information and complaint was not proved, ( I ) therefore dismissed the same, and adjudged that the said C. D. should pay to the said A. B. the sum of pound, shilling-, and

pen, for his costs incurred by him in his defence in that behalf, and [I] ordered that if the said sum for costs should not be paid forth with, (or " on or before the

--"]then, inasmuch as it was then and ] now made to appear to me the said justice (or “ the undersigned as such justice as aforesaid''] 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 ) adjudged that the said C. D. should be imprisoned in the said (common gaol,] at - in the said (county] of [and there kept to hard labour,] for the space of -, unless the said sum for costs and the costs and charges of the commitment and conveying of the said C. D. to the said [common guol) should be sooner paid: 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

pound, shilling- and pen for costs, or any part thereof, but therein hath made default: These are therefore to command you the said constable of the (parish] of to take the said C. D. and him safely convey to the [house of correction) at — aforesaid, and there deliver him to the said keeper thereof, together with this precept; and [1] do hereby command you the said keeper of the said (house of correction] to receive the said C. D. into your custody in the said [house of correction,] there to imprison him (und keep him to hard labour] for the space of —, unless the said sum and the costs and charges of the commitment and conveying of the said C. D. 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 under my hand and seal, this

in the year of our Lord one thousand eight hundred and

in the [county) of aforesaid.

J. S. (L. s.)
Mem. To be placed in the margin of this form. £ s. d.

Costs ordered..
Commitment
Conveyance to gaol

day of

at

day of

in the year

Vide s. 14; Arch. p. 133; Saund. p. 108; Oke's Syn. pp. 40, 47; and s. 17; Arch. p. 148; Saund. p. 113; and Oke's Syn. P: 47.

at

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
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 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
I adjudge the said A. B. to be imprisoned in the [house of correction) at

in the said county (there to be kept to hard labour] for the space of

unless the said several sums, 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) 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.)
Or where the issuing of a distress warrant 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,

“ then 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 sums
by distress], I adjudge,” &c., as above, to the end.

day of

in the year

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40. Conviction for a Penalty, and in default of Payment, (Id.)

Imprisonment (I. 2). 2 Be it remembered, that on the 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 she 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.)

fc. (I. 3). Be it remembered, that on the day of —, in the year to wit. S 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* 1 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 hurd 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 men-
tioned, 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.

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42. General Conviction, embodying the three last, 39—41

(I. 1-1. 3), applicable for a Draft where necessary, and to
several Offenders, and numerous Variations (k). (Not in

Jervis's Act.)
County of Be it remembered, that on the

in the year of our Lord one thousand eight hundred and —, at to wit.

in the county of — A. B. is (or “ A. B. and E. F.
are severally”] convicted before the undersigned, of her Majesty's
justices of the peace for the said county) of
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.
for that be the said did
If the conviction does not take place within the time prescribed for laying

the information, show that the information was laid in time by insert-
ing here “ within [the time allowed for laying information) next
before the laying of the information on which this conviction is
founded, lo wit.

day of at the parish of in the said county of
If it be necessary to describe the occupation, &c. of the defendant, to bring

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 arerment of a previmus 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.]

on the

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(k) Where the penalty or punishment is adjudged different to each defendant, a separate conviction is recommended.

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