SECT. 6. ENFORCING CONVICTIONS AND ORDERS. 1. Enforcing Convictions on Informations. 48. Warrant of Commitment on a Conviction where the Punishment is by Imprisonment (P. 1). (a) and to the keeper of the [house of corin the said [county] of To the constable of rection] at Whereas A. B., late of [labourer], was this day duly convicted before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that [stating the offence as in the conviction], and it was thereby adjudged that the said A. B. for his said offence should be imprisoned in the [house of correction] at in the said [county] [and there kept to hard labour] for the space of — : These are therefore to command you the said constable of to take the said A. B., and him safely convey to the [house of correction] at aforesaid, and there to deliver him to the 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 A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of -, and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this day of in the year of our Lord at in the [county] aforesaid. J. S. (L. S.) Vide s. 24 (id.) 49. Warrant of Distress for Costs upon a Conviction where the Offence is punishable by Imprisonment (P.3). last past duly con ; and it Whereas A. B. of [labourer], was on victed before the undersigned, [one] of her Majesty's justices of the peace in and for the said county, for that [stating the offence as in the conviction], and it was thereby adjudged that the said A. B. for his said offence should be imprisoned in the [house of correction] at in the said county [and there kept to hard labour] for the space of was also thereby adjudged that the said A. B. should pay to the said C. D. the sum of for his costs in that behalf; and it was thereby ordered that if the said sum of for costs should not be paid [forthwith] the same should be levied by distress and sale of the goods and chattels of the said A. B.; [and it was adjudged that in default of sufficient distress in that behalf the said A. B. should 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, 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 (a) If the conviction takes place after the expiration of the time limited for laying the information, or it be a second conviction, adapt this form to the special alterations shown in the General Form of Conviction, No. 42, ante, p. 40. Where several offenders, it may be easily adapted, instead of a commitment for each. correction], should be sooner paid :] and whereas the said A. B., being so convicted as aforesaid, and being required to pay the said sum of for costs, hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you, in her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B., 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 the same as by law directed, and may render the surplus (if any), on demand, to the said A. B., 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 [county] aforesaid. at in the J.S. (L. s.) Referred to in No. 50, infra. 50. Warrant of Commitment for want of Distress (P. 5). To the constable of and to the keeper of the [house of correc in the said [county] of tion] at Whereas [&c. as in the last form to the asterisk, and then thus]: And whereas afterwards, on the day of in the year aforesaid, I, the said J. S., issued a warrant to the constable of - commanding him to levy the said sum of for costs, by distress and sale of the goods and chattels of the said A. B.: 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 A. B., 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 A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the 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 A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard 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 A. B. 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 at day of in the [county] aforesaid. J. S. (L. s.) 51. Commitment forthwith for an additional Term for the Costs upon a Conviction, where the Offence is punishable by Imprisonment, on Confession of no Goods, &c., by the Defendant (b). (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 · in County of Whereas A. B. [and E. F.], late of the parish of was [were] on this day duly convicted of her Majesty's justices of the [counties of and the county of to wit. before the undersigned, peace in and for the said county of being adjoining counties], for that the said at the parish of in the did on the day of county of- aforesaid (b) [here set out the offence as in the conviction], contrary to the form of the statute in such case made and provided: And it was thereby adjudged that [each of them] the said A. B. [and E. F.] for his said offence should be [severally] imprisoned in the [common gaol], at in the said county of- [and there kept to hard labour] for the space of -: And it was also thereby adjudged that [each of them] the said A. B. [and E. F.] should pay to the said C. D., the prosecutor, the sum of for his costs in that behalf; and it was thereby ordered, that if the said sum of for costs should not be paid forthwith, then, inasmuch as it was then and now is made to appear to me [us] that the issuing of a warrant of distress in this behalf would be ruinous to [each of them] the said A. B. [and E. F.] and his family [or "that each of them"] the said A. B. [and E. F. hath no goods or chattels whereon to levy the said sum for costs by distress, it was adjudged that [each of them] the said A. B. [and E. F.] should be [severally] imprisoned in the [common gaol], at —, in the said [county] of - [and there kept to hard labour] for the space of at to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs [and the costs and charges of the commitment and conveying of [each of them] the said A. B. [and E. F.] to the said [common gaol] should be sooner paid:] And whereas the said A. B. [and E. F.] being so convicted as aforesaid, and being required to pay the said sum of for costs, hath not paid the same or any part thereof but therein hath [each of them] made default: These are therefore to command you the said constable of the [ parish] of to take the said A. B. [and E. F.] and safely convey to the [common gaol] aforesaid, and there to deliver h- to the keeper thereof, together with this precept; and I do hereby command you the said keeper of the said common gaol ] to receive the said A. B. [and E. F.] into your custody, in the said [common gaol] and [each of them] there to imprison h--[and keep h— -- to hard labour] for the space of -, to commence at and from the termination of the imprisonment aforesaid [which h▬▬ the said A. B. [and E. F.] is [are] now undergoing under the said conviction] unless the said sum [and the costs and charges of the commitment and conveying [each of them respectively] him to the said [common gaol], amounting to the further sum of - each] shall be sooner paid unto you the said keeper; and for your so doing this shall be your suffi (b) This would be a separate instrument from the warrant of commitment (No. 48) for the offence. Vide proviso in s. 19 of 11 & 12 Vict. c. 43, and the form of conviction (No. 41, I. 3.), ante, p. 39, which apply to such cir cumstances. 52. Warrant of Commitment upon a Conviction for a Penalty Vide s. 23 ; in the first instance (O. 1). (c) and to the keeper of the [house of correc in the said [county] of Whereas A. B., late of [labourer], was on this day duly convicted before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county], for that [stating the offence as in the conviction]; and it was thereby adjudged that the said A. B. for his said offence should forfeit and pay the sum of- [&c., as in the conviction], and should pay to the said C. D. the sum of for his costs in that behalf; and it was thereby further adjudged, that if the said several sums should not be paid [forthwith], the said A. B. should 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 the costs and charges of conveying the said A. B. to the said [house of correction]] should be sooner paid: and whereas the time in and by the said conviction appointed for the payment of the said several sums hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there to deliver him to the 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 A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard Labour] for the space of, unless the said several sums [and the costs and charges of conveying him to the said [house of correction] amounting to the further sum of -] shall be sooner paid; and for your so doing this shall be your sufficient warrant. Given under my hand and seal, this day of -, in the year of our Lord in the [county] aforesaid. J. S. (L. s.) £ s. d. MEM. To be placed in the margin of the form. Fine Value or damage Costs Commitment and conveyance to gaol -, at Arch. p. 161; Saund. p. 119; and Oke's Syn. p. 59. (e) The variations in this form can be readily made to suit cases under the Larceny and Malicious Injuries Acts, where a sum for damage on the article is adjudged with a penalty, as well as to several offenders, from the general form of conviction (No. 42), ante, p. 40. A deposition of the constable or other person of nonpayment of the amount adjudged, would be advisable to be taken where time is given for payment. E Vide s. 19; Arch. p. 152; 53. Warrant of Distress upon a Conviction for a Saund. p. and Oke's Syn. P. 61. [county] of and to all other peace officers in the said Whereas A.B., late of [labourer], was on this day [or "on last past"] duly convicted before the undersigned, [one] of her Majesty's justices of the peace in and for the said county of, for that [stating the offence as in the conviction], and it was thereby adjudged that the said A.B. should for such his offence forfeit and pay [&c. us in the conviction], and should also pay to the said C.D. the sum of for his costs in that and behalf; and it was thereby ordered that if the said several sums should J. S. (L. s.) in Vide s. 19 (id.) 54. Commitment forthwith upon a like Conviction, where the Distress would be ruinous, or on Defendant confessing he has no Goods. (Not in Jervis's Act.) To the constable of the parish of - and to the keeper of the in the said [county] of· in common goal at County of Whereas A.B., [and E. F.] late of the parish of the [county] of - was [were] on this day duly convicted to wit. before the undersigned [one] of her Majesty's justices of the peace in and for the said [county] of , for that h-, the said A.B. [and E. F.] did on the day of at the parish of in the county of aforesaid, [here set out the offence], contrary to the form of the (d) If the defendant is detained until the return of this warrant, a verbal order to that effect will do, or the following may be inserted at this place:-" And whereas the said A.B. not having given sufficient security by recognizance or otherwise to my satisfaction for his appearance on the return of this warrant, I do hereby further order you to keep and detain the said A.B. in safe custody until the said return shall be made, and then bring him before me the said justice." |