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SECT. 6. ENFORCING ConvictioNS AND ORDERS.

1. Enforcing Convictions on Informations.

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48. Warrant of Commitment on a Conviction where the

Punishment is by Imprisonment (P. 1). (a)
To the constable of and to the keeper of the [house of cor-

rection) at in the said [county) of
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 con-
viction), 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
in the year of our Lord - at in the [county) aforesaid.

J. S. (L. S.)

day of

Vide s. 24 (id.) 49. Warrant of Distress for Costs upon a Conviction where

the Offence is punishable by Imprisonment (P.3). To the constable of and to all other peace officers in the said

[county) of Whereas A. B. of slabourer], was on last past 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 be imprisoned in the [house of correction) at in the said county (and there kept to hard labour] for the space of

; and it 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 mence 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

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(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

in the [county) aforesaid.

J.S. (l.s.) Referred to in No. 50, infra.

at

day of

50. Warrant of Commitment for want of Distress (P. 5). To the constable of and to the keeper of the [house of correc

tion] at in the said [county] of Whereas [8c. as in the last form to the asterisk, and then thus] : And whereas afterwards, on the

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 bim [und 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 -- in the county) aforesaid.

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

Costs ordered
Distress warrant and charges of distress
Commitment and conveyance to gaol

Total,... £

day of

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51. Commitment forth with for an additional Term for the

Costs upon a Conviction, where the Offence is punishable by
Imprisonment, on Confession of no Goods, sc., by the De-
fendant (). (Not in Jervis's Act.)
To the constable of the parish of —, and to the keeper of the

[common guol ] at in the said [county) of County of

Whereas A. B. (and E. F.], late of the parish of in

the county of was (were) on this day duly convicted to wit. before the undersigned, of her Majesty's justices of the peace in and for the said county of [counties of and being adjoining counties), for that the said did on the day of

at the parish of in the - 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 forth with, 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

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] at 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 (arej 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

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(1) 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, 1. 3.), ante, p. 39, which apply to such cir. cumstances.

day of

cient warrant. Given under my hand and seal, this
one thousand eight hundred and at in the [county) of
aforesaid.

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

Costs ordered....
Commitment and conveyance to gaol ...

Total.... £
[Each]

p. 59.

space of

52. Warrant of Commitment upon a Conviction for a Penalty Vide s. 23 ; in the first instance (0.1). (C)

Arch. p. 161; To the constable of --, and to the keeper of the [house of correc

Saund. p. 119;

and Oke's Syn. tion] at - 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

-, 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 ihe payment of the said several sums bath 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.)
Mem. To be placed in the margin of the form. £ s. d.

Fine
Value or damage
Costs ...
Commitment and conveyance to gaol

-, at

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(c) 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.

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Vide s. 19;
Arch. p. 152;
Saund. p. 114;
and Oke's Syo.

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P. 61.

53. Warrant of Distress upon a Conviction for a

Penalty (N. 1).
To the constable of and to all other peace officers in the said

[county) of
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
behalf; and it was thereby ordered that if the said several sums 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 thereby also adjudged
that in default of sufficient distress 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 all
costs and charges of the said distress, and of the commitment and con-
veying of the said A.B. to the said (house of correction), should be sooner
paid : and whereas the said A.B. being so convicted as aforesaid, and
being (now) required to pay the said sums of and 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, forth with 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 sums, to-
gether with the reasonable charges of taking and keeping the 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 by such sale unto
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 is directed, and
may render the overplus, 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 further proceedings may be had thereon as to the law doth
appertain (d). Given under my hand and seal, this

day of

in the year of our Lord

in the [county) aforesaid.

J.S. (l. s.)

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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

common goal at in the said [county] of -
County of Whereas A.B., (and E. F.) late of the parish of —, in

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

at the parish of -, in the county of aforesaid, [here set out the offence], contrary to the form of the

day of

(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.”

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