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statute in such case made and provided: and it was thereby adjudged that [each of them] the said A.B. [and E.F.] should for such his offence [severally] forfeit and pay [here state the penalty and the compensation, if any], and [each] 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, then, inasmuch as it hath been 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 sums by distress, it was thereby also 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

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[and there kept to hard labour] for the space of, unless the said several sums (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 now required to pay the said sums of

and 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 h 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 hhard labour] for the space of, unless the said several sums [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, and for your so doing this shall be your sufficient warrant. Given under hand and seal, this

to

day of in the year of our Lord one thousand eight hundred and at in the county of aforesaid.

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J. S. (L. s.)

£ s. d.

Total....£

55. Recognizance of a Defendant to appear on the Return of a Distress Warrant for Penalty and Costs. (Not in Jervis's Act.)

[Proceed as in the form of recognizance, No. 13 (E.), ante, p. 28, altering the condition thereof as follows: instead of "to answer," &c. say "being the day appointed for the return of a certain warrant of distress this day issued by me, the said justice, to levy on the goods and chattels of the said A.B. certain sums adjudged to be paid by him and to be so levied; and to be further dealt with," &c. The notice of this recognizance would be similar to the form No. 14, ante, p. 29.]

56. Indorsement in backing a Warrant of Distress.
[This will be found, ante, p. 36, No. 35 (N. 3).]

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58.

57. Constable's Return to a Warrant of Distress.
[This will be found, ante, p. 36, No. 36 (N. 4).]

Warrant of Commitment for Want of Distress. (N. 5). To the constable of —, and to the keeper of the [house of correction] at in the said [county] of

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Whereas [&c. as in the foregoing distress warrant, No. 53, to the asterisk*, and then thus:] and whereas afterwards, on the

day of

to take

in the year aforesaid, I, the said justice, issued a warrant to the constable of commanding him to levy the said sums of - and 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 sums above-mentioned could be found: These are therefore to command you, the said constable of the said A.B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the said keeper, 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 all the 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 day of in the year of our Lord

at

in the [county] aforesaid.

J. S. (L. s.)

59. Commitment of a Defendant for a consecutive Period where convicted on the same Day of Two or more Offences. (Not in Jervis's Act.)

and to the keeper of the

To the constable of the parish of
common gaol at -, in the said [county] of
County of

in the [county] before the under

—, at

} Whereas A.B., late of the parish of of was on this day duly convicted to wit. signed, [one] of her Majesty's justices of the peace in and for the said [county] of [[counties] of and being adjoining [counties]], for that he, the said A.B., did, on the day of the parish of -, in the [county] of [here state the offence], contrary to the form of the statute in such case made and provided; and it was thereby adjudged that the said A.B. for h- said offence should forfeit and pay the sum of [here state the penalty, and compensation, if any], to be [respectively] paid and applied according to law, and also to pay to the said C.D. the sum of for h- costs in that behalf; and it was thereby further adjudged and 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 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 a certain other term of imprisonment for an offence of which the

said A.B. is this day duly convicted, and now stands committed under a certain other warrant, signed by the said justice, and dated this day, and delivered to the said keeper herewith, [unless the said several sums, and all costs and charges of the said distress, and of the commitment and conveying the said A.B. to the said common gaol] 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, and the said A.B. being now required to pay the same, hath not paid the same or any part thereof, but therein hath made default; and inasmuch as it hath now been made to appear to me, the said justice, that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B., [or "that the said A. B. hath no goods or chattels whereon to levy the said sums by distress ;"] These are therefore to command you, the said constable of the parish of -, to take the said A.B., and h- safely to 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. into your custody in the said common gaol, there to imprison h- [and keep h to hard labour] for the space of, to commence at and from the termination of the said other term of imprisonment above mentioned, [unless the said several sums, and the costs and charges of the said distress, amounting to the sum of, and of the commitment and conveying h-to the said common gaol, 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 year of our Lord one thousand eight hundred and [county] of aforesaid.

MEM. To be placed in the margin of the form.

day of

- at

in the in the

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J. S. (L. s.)

£ s. d.

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NOTE. Where imprisonment only is adjudged, omit the portions within the brackets [ ]from the asterisk*, and the form will be applicable. If a penalty adjudged, it will suit without alteration. Where the penalty is not to be recovered by distress, erase the words which are in italic.

59a. Commitment upon a Conviction for a Second or subsequent Offence, adapted to where Imprisonment only adjudged, or where a Penalty imposed, and Imprisonment in Default of Payment. (Not in Jervis's Act.)

To the constable of the parish of, and to the keeper of the [house of correction] at in the said [county] of

to wit.

for

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 that he, the said A. B., on the day of at the parish of in the said [county] of did [here state the offence], contrary to the form of the statute in such case made and provided; and whereas it is

"

as

duly proved before [me], the said justice, that the said A. B. was heretofore, to wit, on the day of in the year of our Lord ——, duly convicted before I. P. Esquire, one of her Majesty's justices of the peace in and for the [county] of for that he, the said A. B., on the day of, in the year of our Lord --> at the parish of --, in the said [county] of --, did [here state the former offence as in the conviction proved], contrary, &c.; and the said A. B. was thereupon adjudged for his said last mentioned offence to [state the terms of the adjudication of imprisonment or penalty]; and it was thereby adjudged by me, the said justice first named, that the said A. B. for his said [second] offence, of which he has been so convicted this day as aforesaid, [A should forfeit and pay the sum of [here state the penalty, and compensation, if any, in the consolidated form of conviction, No. 42, ante, p. 40], to be paid and applied according to law, and also to pay to the said C. D., the prosecutor, the sum of for his costs in this behalf; and it was thereby further adjudged that if the said several sums should not be paid forthwith, the said A. B. B] shall be imprisoned in the [house of correction] at —, in the said [county] of ——, [and there kept to hard labour] for the space of, [C unless the said several sums, and the costs and charges of the commitment and conveying the said A. B. to the said [house of correction] should be sooner paid; and whereas the said A. B. being now required to pay the said several sums, hath not paid the same, or any part thereof, but therein bath made default D]; These are therefore to command you, the said constable of the parish 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 [1] 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 [E unless the said several sums, and the costs and charges of the commitment and conveying him to the said [house of correction], amounting to the further sum of -, shall be sooner paid F]; 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 [county] aforesaid.

at

in the J. S. (L. s.)

Where imprisonment only is adjudged, omit the portions between the letters A to B, C to D, and E to F, and the form will be applicable. If a penalty adjudged, it will suit without alteration.

2. Enforcing Orders on Complaints.

60. Minute of Order for Service under s. 17, before enforcing. (Not in Jervis's Act (a).)

[Proceed as in form No. 33, ante, p. 35, to the asterisk *, stating the terms of the adjudication as in either of the following :]

1. On Dismissal.-Same as form No. 33, p. 35.

2. Where Imprisonment only.-That the said A. B., who does [not] appear, do [here state the matter shortly required to be done] forthwith [or "on or before the

day of- -"], and

(a) This minute should be issued in duplicate, and the time and mode of service indorsed upon it by the person who served it, and retained by the clerk to the justice.

on disobedience to be imprisoned, with hard labour, for
and to pay to the said C. D. for costs; and in default of

distress for that sum, the said A. B. to be imprisoned for an
additional term of unless sooner paid.

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day of"]

3. Where a sum of money.-That the said A. B., who does [not]
appear, shall forthwith [or "on or before the
pay to the said C. D. the sum of, and also
for costs
[to be recovered by distress]; and in default the said A. B. to be
imprisoned, with hard labour, for unless sooner paid,

with the costs of [distress and] conveyance to gaol.

61. Warrant of Commitment on an Order where the Disobey-
ing of it is punishable by Imprisonment (P. 2).
To the constable of, and to the keeper of the [house of correc-
tion] at in the said [county] of ·

Whereas on last past complaint was made before the undersigned [one] of her Majesty's justices of the peace in and for the said county of

at

for that [&c., as in the order], and afterwards, to wit, on, the said parties appeared before me [or as it may be in the order], and thereupon having considered the matter of the said complaint, I adjudged the said A. B. to [&c., us in the order], and that if, upon a copy of the minute of that order being duly 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 should neglect or refuse to obey the same, it was adjudged that in such case the said A. B. for such his disobedience 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 order should be sooner obeyed]: And whereas it is now proved to me that after the making of the said order a copy of the minute thereof was duly served upon the said A. B., but he then refused [or "neglected"] to obey the same, and hath not as yet obeyed the said order: 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 and for 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.)

at

Vide s. 24;
Arch. p. 165;
Saund. p. 120;
Oke's Syn. p. 66.

62. Warrant of Distress for Costs upon an Order where the Vide s. 24 (id.) Disobeying of the Order is punishable with Imprisonment

(P. 4).

To the constable of and to all other peace officers in the said [county] of

Whereas on last past complaint was made before the undersigned [one] of her Majesty's justices of the peace in and for the said county of for that [&c., as in the order], and afterwards, to wit, on —, at the said parties appeared before me, as such justice as aforesaid [or as it may be in the order], and thereupon, having considered the matter of the said complaint, I adjudged the said A. B. to [&c., as in the

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