Page images
PDF
EPUB
[ocr errors]
[ocr errors]

day of

case

And - adjudge [each of them] the said for his said [first Adjudication of mentioned] offence (the same being his [second] offence) * to forfeit and Penalty. pay the (mitigated penalty or] sum of

Vide C. where

this referred to, Here describe the penalty, compensation, &c. and for what, as in the follow

post.
ing, under Peel's Arts : “such sum appearing to (me) to be a reason-
able compensation for the said damage, injury and spoil so committed
as aforesaid;" (0", " over and above the amount of the injury so done
as aforesaid''], [or, " the value of the article so stolen as aforesaid"],
and for the said injury so done [or, “ article so stolen”) the further

sum of "
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
b costs in this behalf; and if the said several sums be not paid forth-
with son or before the

next]I [we] A order that the same be levied by distress and sale of the goods and A. Where pechattels of each of them] the said and in default of sufficient palty, &c. to be distress (or instead, from the word " forth with,” or “next," as the

levied by dismay be, then, inasmuch as it hath now been made to appear to

tress (I. 1.) 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 said 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 matier in the adjudication, insert it here]. 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 to be imprisoned in the B. Where pe[common gaol] at in the said [county) of [and there to be palty and imkept to hard labour], for the space of (and if any other special prisonment in matter in the adjudication, inseri 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. 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 ment only also adjudge [each of them] the said to pay the said] (I. 3.) the prosecutor, the sum of for h costs in this behalf; and if the said sum for costs be not paid forth with [on or before the day of -], then order that the said sum be levied by distress and sale of the goods and chattels of (each of them] the said and in default of sufficient distress in that behalf [or, instead from the word " then,” say, “ 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] tbe said and his family;" or, " that (each of them] the said hath no goods or chattels whereon to levy the said sum for costs by distress"],

adjudge [each of them) the said to be iinprisoned in the said [common gaol] [and there kept to hard labour] for the

space of — to commence at and from the termination of his imprison-
ment aforesaid, unless the said sum for costs, and all costs and charges (of
the said distress and] of the commitment and conveying of each of
them] the said 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.)

[ocr errors]

43. Conviction on View of a Justice (1). (Not in Jervis's

Act.)
2 Be it remembered, that on the day of —, in the year
to wit. S 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.]

[ocr errors]

148;

at

P. 47.)

[ocr errors]

Vide s. 14, 44. Order for Payment of Money to be levied by Distress,
(Arch. p. 133; and in default of Distress, Imprisonment (K. 1).
Saund. p. 108;
and Oke's Syn.

Be it remembered, that on complaint was made before pp. 40–47); to wit. I the undersigned, (one) of her Majesty's justices of the peace in and s. 17, and for the said [county) of for that [stating the facts entitling the (Arch. p.

complainant to the order, with the time and place when and where they Saund. p. 113; occurred); and now at this day, to wit, on —

the parties aforeand Oke's Syo. said 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 bimself, 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 fortb-
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 forth with (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

day of

in the

year

of
our Lord
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, i astead 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 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 compluinant to the order, with the time and place when and where they occurred]; and now at this day, to wit, on at

the parties 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 on 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 forthwith, 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 forth with (or "on or before next"], 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 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, this

of our Lord

in the [county) aforesaid.

J. S. (L.S.)

day of

in the year

[ocr errors]

at

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

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 bebalf, which required him to be and appear here at

-, at

this day before such justices of the peace for the said [county) as should now be here, to answer to the said complaint, and to be further dealt with according to law”]; and now, having heard the matter of the said complaint, 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 usual place of abode, he shall neglect or refuse to obey the same, in that case I adjudge the said A. B., for such bis disobedience, 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 order be sooner obeyed, if the statute authorize this]; and I do also adjudge the said A. B. to pay to the said C. D. the sum of

- for his costs in this behalf; and if the said sum for costs be not paid forth with (or “on or before 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, I adjudge the said A. B. to be imprisoned in the said house of correction] (and there kept tv hard labour] for the

-, to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs shall be sooner paid. Given under my hand and seal, this

day of

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

J.S. (L.s.)

space of

at

[ocr errors]

day of

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.)
County of 7 Be it remembered, that on the day of —, in the

year of our Lord one thousand eight hundred and fifty, at
to wit. N., in the county of complaint was made before the
undersigned (or “ J. S. Esquire"] [one) 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, here insert “ in petty sessions in and for

the division of in the said county of "] Recital of com

for that (here state the facts, by reciting the complaint entitling the complaint. plainant to the order]: And now at this day, to wit, on the Appearance or

in the year of our Lord one thousand eight hundred and fifty, at N., nonappearance

in the county of - aforesaid, the parties aforesaid appear before me, the said of defendant. 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
the said A. B., although duly called, doth not appear by bimself, 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 of summons. 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 com

plaint, 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 where this re- pay to the said C. D. the sum of [here describe the compensation, &c. ferred to. and for what] forth with Cor" on or before the

- day of

next," or us Adjudication of the purticular stutule may require), and also to pay to the said C. D., the

; but day of

a sum.

66

[ocr errors]

at

at

complainant, the sum of for bis 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

next”] I hereby A. order that the same be levied by distress and sale of the goods and A. Where sum ehattels of the said A. B., and in default of sufficient distress in this to be levied by behalf [or, instead from the word forth with,” or “ next," as the case

distress (K. 1.) 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. 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 pay. 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 punishment is required to be done) and if upon a copy of a minute of this order being by imprison

ment only served upon the said A. B., either personally or by leaving the same for

(K. 3.) 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

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. (1. s.)

day of

[ocr errors]

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.

« PreviousContinue »