74. Gaoler's Receipt for a Defendant. (a) (Not in Jervis's

County of

to wit.

Act.)

I hereby certify, that I have this day received from M. N., the constable of the parish of, the body of A. B., together with a warrant under the hand and seal of J. S. Esquire, one of her Majesty's justices of the peace for the [county] of -; and that the said A. B. was sober at the time he was so delivered into my custody. Dated this day of

To Messrs. I. J. & B.,

1850,

o'clock.

C. O. Keeper of the common gaol at
Clerks to the justices of the N. division.

75. Committing-Justice's Order on the County Treasurer for Constable's Expenses of conveying a Defendant to Gaol (27 Geo. 2, c. 3, s. 1), with Variation where amount included in the Commitment under Jervis's Act (11 & 12 Vict. c. 43), and not paid. (Not in Jervis's Act.)

to wit.

to allow of the reason

To Thomas Hall Fisher, Esq., treasurer of the said [county] of County of Whereas application hath been this day made to me, the undersigned, one of her Majesty's justices of the peace in and for the [county] aforesaid, by M. N., one of the constables of the parish of --, in the same [county] of able expenses of his conveying A. B. to the common gaol at [Chesterton], in and for the said [county], who was by me committed to the said gaol on the - day of -, from N. [14 miles] for [state the offence shortly]; and it having been duly made appear to me, the said justice, that the said A. B. hath not money nor goods within the said [county] sufficient to bear the charges of h- self and those who conveyed h~· to the said gaol, and] I having examined into the expenses thereof, and made due enquiry into the premises, do hereby ascertain and allow the reasonable expenses thereof at the sum of shillings and pence, which I hereby order and require you, the treasurer of the said [county], forthwith to pay to the said M. N. [the said sum of - having been inserted in the warrant of commitment for the offence aforesaid, and the said A. B. having been imprisoned for the full term therein ordered, without paying the amount thereof (b)]. Given under my hand and seal this day of in the year of our Lord 1850.

pound,

J. S. (L. s.) N.B. Indorse on the back the constable's receipt for the amount.

(a) This receipt is similar to that contained in the 11 & 12 Vict. c. 42, (Indictable Offences,) and required to be given by the gaoler; no such receipt is required in summary convictions and orders; the receipts are kept by the justice's clerk, and on which he should indorse the amount of the order made on the county treasurer. It is recommended that the gaoler should not give this receipt till after the expiration of the defendant's imprisonment, in cases where the costs of his conveyance to gaol are included in his commitment; and if defendant pays such costs, the gaolor should certify on the back of the receipt that the defendant has paid them; the constable would then produce such receipt and certificate to the magistrate's clerk, who would obtain payment of the amount from the gaoler and pay the constable, instead of an order being made on the county treasurer, for the gaoler is by the 31st sect. of 11 & 12 Vict. c. 43, required to pay all sums received by him forthwith to the magistrate's clerk.

(b) When this last paragraph between brackets is to remain, omit the previous portion between brackets.

SECT. 7.-OF THE APPLICATION OF PENALTIES, &C.

SECT. 8.-OF APPEAL, &C.

78. Notice of Appeal against a Conviction. (Not in Jervis's

Act.) (d)

To C. D. of &c., and [the names and additions of the parties to whom the notice of appeal is required to be given.]

against a certain

Take notice, that I the undersigned A. B., of &c., do intend to enter and prosecute an appeal at the next general quarter sessions of the peace to be holden at in and for the [county] of conviction [or "order"] bearing date on or about the day of instant, and made by [you] J. S., Esquire, [one] of her Majesty's justices of the peace for the said [county] of [or "for the counties of Cambridge and Suffolk, being adjoining counties"] whereby I the said A. B. was convicted of having (or “was ordered to pay —”] [here state the offence as in the conviction, information or summons; or the amount adjudged to be paid, as in the order, as correctly as possible]: And further, take notice that the grounds of my appeal are, first, that I am not guilty of the said offence; secondly, that the formal conviction drawn up and returned to the sessions is not in law sufficient to support the said conviction of me the said A. B. [together with any other grounds, care being taken that all are stated, as the appellant will be precluded from going into any other than those stated.]

Dated this day of

1850.

A. B.

MEM.- If this notice be given by several defendants, or by an attorney, it can easily be adapted.

79. Recognizance to try the Appeal, &c. (Not in Jervis's Act.)

[Proceed as in the form of recognizance, No. 13, ante, p. 28 (E), stating the condition thus:] The condition of the within-written recognizance is such, that if the said A. B. shall, at the next general quarter sessions of the peace to be holden at —, in and for the said [county] of - enter and prosecute an appeal against a certain conviction bearing date the day of instant, and made by me the said justice, whereby he the said A.B. was convicted, for that he the said A. B. did on the day of, at the parish of, in the said [county] of [here set out the offence as stated in the conviction]; and further, that if the said A. B. shall abide by and duly perform the order of the court to be made upon the trial of such appeal, then the said recognizance to be void, or else to remain in full force and virtue.

(d) Vide "Foot's edition of the General and Quarter Sessions Courts Procedure Act" (12 & 13 Vict. c. 45), as to its application to summary convictions and orders, and the requirements as to grounds of appeal, &c.

80. Notice of such Recognizance to be given to the Defendant (Appellant) and his Surety. (Not in Jervis's Act.)

Take notice, that you, A. B., are bound in the sum of pounds, and you, L. M. [and N. O.] in the sum of [each], that you the said A. B., at the next general quarter sessions of the peace to be holden at ——, in and for the said [county] of -, enter and prosecute an appeal against a conviction dated the day of instant, whereby you, A. B., were convicted of [stating offence shortly], and abide by and perform the order of the court, to be made upon the trial of such appeal; and unless you prosecute such appeal accordingly, the recognizance entered into by you will forthwith be levied on you. Dated this

1850.

day of

J. S.

81. Certificate of Clerk of the Peace that the Costs of an Appeal are not paid (R).

Office of the clerk of the peace for the [county] of

[Title of the Appeal.]

I hereby certify that at a court of general quarter sessions of the peace holden at - in and for the said [county] on last past, an appeal by A. B. against a conviction [or "order"] of J. S. Esquire, one of her Majesty's justices of the peace for the said [county], came on to be tried, and was then heard and determined, and the said court of general quarter sessions thereupon ordered that the said conviction [or "order"] should be confirmed [or" quashed"] and that the said [appellant] should pay to the said [respondent] the sum of for his costs incurred by him in the said appeal, and which sum was thereby ordered to be paid to the clerk of the peace of the said county on or before the day of —— instant, to be by him handed over to the said [respondent]; and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order. Dated the day of, 184. [Signature.]

[Deputy] clerk of the peace.

82. Warrant of Distress for Costs of an Appeal against a Conviction or Order (S. 1).

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

Whereas [&c., as in the warrants of distress, No. 53, ante, p. 50, or No. 65, ante, to the end of the statement of the conviction or order, und then thus:] And whereas the said A. B. appealed to the court of general quarter sessions of the peace for the said [county] against the said conviction [or "order"], in which appeal the said A. B. was the appellant, and the said C. D. [or "J. S., Esquire, the justice of the peace who made the said conviction or order"] was the respondent, and which said appeal came on to be tried, and was heard and determined, at the last general quarter sessions of the peace for the said county bolden at on and the said court of general quarter sessions thereupon ordered that the said conviction [or "order"] should be confirmed [or "quashed"], and that the said [appellant] should pay to the said [respondent] the sum of for his costs incurred by him in the said appeal, which said sum was to be paid to the clerk of the peace of the said [county] on or before the

day of

one thousand eight hundred and forty-nine, to be by him handed over to the said C. D.: And whereas the [deputy] clerk of the peace of the said [county] bath, on the

day of instant, duly certified that the said sum for costs had not then been paid: 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 and apply the same as by law directed, 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. N. (L. s.)

83. Warrant of Commitment for Want of Distress in the

last Case (S. 2).

To the constable of, and to the keeper of the [house of cor-
rection] at in the said [county] of·
Whereas [&c. us in the last form to the asterisk*, and then thus:]
And whereas afterwards, on the day of, in the year aforesaid,
I the undersigned 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 as 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 said 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 correc-
tion], 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 suffi-
cient 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.) £ s. d.

Total £

F