for his said [first Adjudication of And Here describe the penalty, compensation, &c. and for what, as in the follow- to be [respectively] paid and applied according to law, and [each of them] also to pay to [the said] the prosecutor, the sum of - for said several sums be not paid forthnext] I [we] h costs in this behalf; and if the with [on or before the day of A. order that the same be levied by distress and sale of the goods and chattels of [each of them] the said -, and in default of sufficient distress [or instead, from the word "forthwith," or "next," as the case may be, then, inasmuch as it hath now been made to appear to that the issuing of a warrant of distress in this behalf would be ruinous to [each of them] the said and his family;" or "that [each of them] the hath no goods or chattels whereon to levy the said sums by distress"],- adjudge [each of them] the said to be imprisoned in the [common gaol] at in the said [county] of [there to be kept to hard labour], for the space of [And if any other special matter in the adjudication, insert it here]. said If a cumulative term adjudged, here insert, "to commence at and from the termination of a certain other term of imprisonment, for an offence of which the said is this day duly convicted, and now stands committed, under a certain warrant, signed by the said justice and dated this day." unless the said several sums, and all costs and charges [of the said distress and] of the commitment and conveying of [each of them] to the said [common gaol] shall be sooner paid. A. B. adjudge [each of them] the said Vide C. where this referred to, post. A. Where penalty, &c. to be levied by distress (I. 1.) to be imprisoned in the B. Where pe [and there to be nalty and im[and if any other special prisonment in matter in the adjudication, insert it here], unless the said several sums default of pay[and the costs and charges of the commitment and conveying of [each of ment (I. 2.) them] the said to the said [common gaol]] shall be sooner paid [respectively and severally] by the said B. ment only C. follow from the asterisk at the commencement of the adjudication, thus: C. Where the "to be imprisoned in the [common gaol] at —, in the said [county] punishment is of [and there kept to hard labour] for the space of [and if by imprisonany other special matter in the adjudication, insert it here]; and also adjudge [each of them] the said to pay [the said] the prosecutor, the sum of costs in this behalf; and if the said sum for costs be not paid forthwith [on or before the -], then order that the said sum be levied by distress and sale of the goods and chattels of [each of them] the said for h day of and in default of sufficient distress in that behalf [or, instead from the word " then," say, space of paid. C Given under my hand and seal the day and year first above mentioned, at aforesaid. J. S. (L. s.) 43. Conviction on View of a Justice (1). (Not in Jervis's Act.) day of in the year 7 Be it remembered, that on the to wit. of our Lord one thousand eight hundred and fifty, I, G. H., Esquire, one of her Majesty's justices of the peace in and for the said [county] of personally saw A. B., of the [parish] of, in the same [county] [here state the offence seen committed], contrary, &c. Whereupon it is considered and adjudged by [me] the said justice, that the said A. B. be convicted, and he is by me accordingly hereby convicted of his said offence upon my own view as aforesaid, according to the form of the statute aforesaid in that case made and provided: and I adjudge the said A. B. for his said offence [conclude as usual.] Vide s. 14, (Arch. p. 133; Saund. P. 108; and Oke's Syn. pp. 40-47); and s. 17, (Arch. P. 148; Saund. P. 113; and Oke's Syn. p. 47.) 44. Order for Payment of Money to be levied by Distress, and in default of Distress, Imprisonment (K. 1). Be it remembered, that on complaint was made before to wit. the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of for that [stating the facts entitling the complainant to the order, with the time and place when and where they occurred]; and now at this day, to wit, on at the parties aforesaid appear before me the said justice [or, "the said C. D. appears before [me] the said justice, but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me, on oath, that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such justices of the peace for the said [county] as should now be here, to answer the said complaint, and to be further dealt with according to law"]; and now, having heard the matter of the said complaint, I do adjudge the said A. B. to pay to the said C. D. the sum of forth with [or, "on or before next," or as the statute may require], 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 hereby 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 in that behalf I adjudge the said A. B. to 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 said distress [and of the commitment (1) Vide Oke's Synopsis, 2nd edit., for the offences respecting which a conviction may take place upon the view of a justice. and conveying of the said A. B. to the said [house of correction] shall be sooner paid. Given under my hand and seal, this our Lord day of in the [county] aforesaid. in the year of 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. 45. Order for Payment of Money, and in default of Pay- (Id.) ment, Imprisonment (K. 2). Be it remembered, that on complaint was made before Given under my hand and seal, this in the year of (L.S.) 46. Order for any other Matter where the disobeying of it is (Id.) punishable with Imprisonment (K. 3). Be it remembered, that on complaint was made before to wit. the undersigned [one] of her Majesty's justices of the peace in and for the said [county] of for that [stating the facts entitling the complainant to the order, with the time and place when and where they occurred], and now at this day, to wit, on ———, at the parties aforesaid appear before me the said justice, [or " the said C. D. appears before me the said justice, but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me upon oath that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such justices of the peace for the said [county] as should in the year of J.S. (L.S.) 47. General Order, embodying the three last, 44-46 (K. 1— K. 3), applicable for a Draft where necessary, and certain Practical Variations. (Not in Jervis's Act.) day of County of Be it remembered, that on the [If description of division, &c. here necessary, or a certain character is given Recital of com- for that [here state the facts, by reciting the complaint entitling the complainant to the order]: And now at this day, to wit, on the plaint. Appearance or nonappearance of defendant. day of in the year of our Lord one thousand eight hundred and fifty, at N., in the county of aforesaid, the parties aforesaid appear before me, the said justice [or me, the undersigned, one of her Majesty's justices of the peace in and for the said county of -"], [or "the said C. D., the complainant, appears before me, the said justice"] [or "me, the undersigned, one of her Majesty's justices of the peace in and for the said county of —; but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me, on oath, that the said Proof of service A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such justices of the peace for the said county as should now be here to answer the said complaint, and to be further dealt with according to law"]: And now, having *Vide C. post, heard the matter of the said complaint, I do adjudge the said A. B. to pay to the said C. D. the sum of - [here describe the compensation, &c. and for what] forthwith [or" on or before the day of - next," or as Adjudication of the particular statute may require], and also to pay to the said C. D., of summons. where this referred to. a sum. the 66 next"] I hereby 66 66 to be levied by distress (K. 1.) complainant, the sum of for his costs in this behalf: And if (m) upon a copy of a minute of this order being served upon the said A. B., either personally or by leaving the same for him at his last or most usual place of abode, the said several sums be not paid forthwith [or on or before the day of A. order that the same be levied by distress and sale of the goods and A. Where sum chattels of the said A. B., and in default of sufficient distress in this behalf [or, instead from the word "forthwith," or next," as the case may be; 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 the said A. B. to be imprisoned in the in the said county of [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 common gaol shall be sooner paid. A. at at pay punishment is by imprisonment only (K. 3.) B. adjudge the said A. B. to be imprisoned in the common gaol B. Where sum, in the said county of [and there to be kept to hard &c. and imprilabour] for the space of unless the said several sums [and the costs sonment in deand charges of the commitment and conveying of the said A. B. to the fault of said [common gaol]] shall be sooner paid. B. ment (K. 2.) C. follow from the asterisk* at the commencement of the adjudication, C. When the thus: "I do therefore adjudge the said A. B. to [here state the matter required to be done] and if upon a copy of a minute of this order being served upon the said A. B., either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in this case I adjudge the said A. B. for such his disobedience to be imprisoned in the [common gaol] at in the said [county] of [and there kept to hard labour] for the space of unless the said order be sooner obeyed [if the statute authorize this]: And do also adjudge the said A. B. to pay to the said C. D., the complainant, the sum of for his costs in this behalf: And if the said sum for costs be not paid forthwith [on or before the day of - next], I order the same to 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 [or instead, from the word "forthwith" or "next," 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 the said A. B. to be imprisoned in the said [common gaol] [and there kept to hard labour] for the space of commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs, and all costs and charges [of the said distress and] of the commitment and conveying of the said A. B. to the said [common gaol] shall be sooner paid. C. Given under my hand and seal, the day and year first above mentioned, at aforesaid. J. S. (L. s.) to (m) These words following, relative to a minute of the order being served, are only in the form, K. 3, of 11 & 12 Vict. c. 43 (No. 46, ante, p. 43); and sect. 17 of that statute, which requires such minute to be served before enforcing an order by distress or commitment, applies to all orders. |