order]; and that if upon a copy of the minute of that order being served upon the said A. B., either personally or by leaving the same for him at his last or most usual abode, he should neglect or refuse to obey the same, I 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 I thereby also adjudged the said A. B. to pay to the said C. D. the sum of for his costs in that to com behalf; and I ordered that if the said sum for costs should not be paid [forthwith], the same should be levied of the goods and chattels of the said A. B.; and in default of sufficient distress in that behalf I thereby adjudged that 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 correction] should be sooner paid: And whereas after the making of the said order a copy of the minute thereof was duly served upon the said A. B., but the said A. B. did not then pay, nor hath he paid the said sum of for costs, or any part thereof, but herein 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 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 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 -, at —, in the [county] aforesaid. J.S. (L.S.) Vide forms 35 and 36, ante, indorsement to execute distress warrant in another jurisdiction, and the constable's return of nulla bona. 63. Warrant of Commitment for Want of Distress (P. 5). [Proceed as in form 50, ante, p. 47, but reciting the form No. 62 to the asterisk*, then to the end as form 50. 64. Commitment forthwith for an additional Term for the Costs upon an Order where the Disobeying of the Örder is punishable with Imprisonment on Confession of no Goods, &c. by the Defendant. (Not in Jervis's Act.) [This would be similar to form No. 51, ante, p. 48, but reciting as directed for form 63, supra.] 65. Warrant of Commitment on an Order in the first To the constable of -, and to the keeper of the [house of corin 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 on or before the day of for his costs in at the parties appeared before [me] the said justice [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 pay to the said C. D. the sum of day of then next, and also to pay to the said C. D. the sum of that behalf; and I also thereby adjudged that if the said several sums should not be paid on or before the then next, 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 order appointed for the payment of the said several sums of money hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default (a): These are therefore to command you, the said constable of to take the said A. B. and him safely convey to the said [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 costs and charges of conveying him to the said house of correc- in the 66. Warrant of Distress upon an Order for the Payment of Vide s. 19; Money (N. 2). To the constable of Arch. p. 152; and to all other peace officers in the said p. 114; Oke's Syn. of at Whereas on last past, a complaint was made before the undersigned [one] of her Majesty's justices of the peace in and for the said county for that [&c., as in the order], and afterwards, to wit, on the said parties appeared before me [or as in the order], and thereupon having considered the matter of the said complaint, I adjudged the said A. B. to [pay to the said C. D. the sum of on or before the then next], and also to pay to the said C. D. the sum of for his costs in that behalf; and I thereby ordered that if the said several sums should not be paid on or before the said then next, the same should (a) There is no mention made in this statutory form of the minute of the order being served as in forms No. 61 (P. 2), and No. 62 (P. 4); the words used in those forms should therefore be inserted, although s. 17 of the 11 & 12 Vict. c. 43, states that such minute shall not form any part of the warrant of commitment or of distress; viz., "although a copy of the minute of the said order was duly served upon the said A. B." in un be levied by distress and sale of the goods and chattels of the said A. B.; in Vide s. 19 (id.) 67. Commitment upon a like Order 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 [house of correction], at in the said [county] of Whereas on the day of --, a complaint was made beto wit. fore the undersigned [or "J. P., Esquire,"] one of her Majesty's justices of the peace in and for the said [county] of -, by C. D. of &c., that A. B. of &c., did, on the day of --, at the parish of --, in the said [county] of [here set out the matter of complaint as in the order], and afterwards, to wit, on the day of the parties appeared before [me] the said justice, [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 pay to the said C. D. the sum of day of uo —— on or or before the (b) Here insert the words referred to in note (a), ante, p. 57, as having been omitted from the form No. 65 as well as this. (c) Add here the form of direction to detain the defendant till the return of this distress warrant, as given in the note (d) to form No. 53, ante, p. 50. ing of the said A. B. to the said [common gaol] should be sooner paid: and whereas although a copy of the minute of the said order was duly served upon the said A. B., the said A. B. hath made default in payment of the said sums, and hath not paid the same or any part thereof: These are therefore, &c. [conclude as form No. 54, ante, p. 50.] Referred to in form No. 71. 68. Recognizance of a Defendant to appear on the Return of the Distress Warrant, and Notice thereof. (Not in Jervis's Act.) [This will be similar to form No. 55, ante, p. 51.] 69, 70, Indorsement in backing Distress Warrant, and Constable's Return of Nulla Bona. [Forms No. 35 and 36, ante, p. 36.] 71. Warrant of Commitment upon an Ordar for Want of Distress. (Not in Jervis's Act.) [Proceed to the asterisk in form No. 67, ante, then thus:] 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 [house of correction] at in the said county of [and there to be kept to hard labour] for the space of--, unless the said several sums, and all costs and charges of the distress [and of the commitment and conveying of the said A. B. to the said [house of correction]] should be sooner paid: and whereas after the making of the said order a copy of the minute thereof was duly served upon the said A. B., but the said A. B. did not then pay, nor hath he paid the said sum of for costs, or any part thereof, but therein hath made default; and whereas afterwards, on the day of —, in the year aforesaid, I, the said justice, issued a warrant to the constable of manding 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, &c. [conclude as in form No. 58, (N. 5), ante, p. 52.] -, com 72. Liberatè or Discharge of a Defendant from Gaol on Oke's Syn. Payment of Amount for which he was committed, &c. (Not 2d ed. in Jervis's Act.) To the keeper of the [house of correction] at to wit. said [county] of in the These are to command you, in her Majesty's name, forthwith to discharge out of your custody one A.B., of, &c., if detained for no other cause than what is mentioned in the warrant of commitment dated the p. 55. day of in the [county] of aforesaid. day of A. D. 1850, at J. S. (L. s.) 3. Enforcing Costs on Dismissal of Information or Complaint. [The forms applicable hereto are Nos. 31, ante, p. 34, to No. 38, ante, p. 37.] 4. Enforcing Costs of Conveyance to Gaol. 73. Distress Warrant on Offender's Goods. (3 Jac. 1, c. 10, to wit. S in the [county] of Whereas by warrant under the hand and seal of me, J. S., Esquire, one [or us J. S. and F. G. Esquires, two"] of her Majesty's justices of the peace for the said [county] of --, bearing date the day of last, A. B., of &c. was committed to the [house of correction] at in the said [county] of for [here state the offence as in the commitment], he, the sald A. B., having means or ability to bear his own reasonable charges for so conveying or sending him to the said [house of correction], and the charges of those appointed to guard him thither: and whereas M. N., constable of the parish of --, in the [county] of aforesaid, who in obedience to such warrant conveyed the said A. B. to the said [house of correction], hath made oath before me [us] the said justice, that the said A. B. refused at the time of his commitment and sending to the said [house of correction] to defray the said charges of conveying him as aforesaid, and did not then pay nor hath since paid the same, which said charges amount to the sum of These are therefore to command you, in her Majesty's name, forthwith to make distress of such and so much of the goods and chattels of the said A. B. as shall satisfy and pay the said sum of -, being the charges aforesaid, the appraisement to be made by four of the honest inhabitants of the parish where such goods and chattels shall be; and I [we] do hereby order and direct the goods and chattels so to be distrained to be sold and disposed of at the expiration of four days from the time of taking such distress, unless the said sum of -, together with the reasonable charges of taking and keeping such distress, shall become paid, returning the overplus, if any, on demand, to the said A. B.; and if no sufficient distress can be found, then that you certify the same unto me [us] to the end that such further proceedings may be had thereon as to the law doth appertain. Given under my hand and seal, this in the year of our Lord day of at -, in the [county] aforesaid. J. S. (L. s.) |