To the constable of

tion] at

Whereas on

at

FORMS.

and to the keeper of the [house of co. rec- (P 2) Commitin the said [county] of

last past complaint was made before the undersigned (u), [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 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 (v) the said A. B. to [&c., as 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 (w) 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 correc tion], 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 [&c., as (N 1), ante, p. 114].

(u) or "J. S., esquire."

(v) or "it was thereby adjudged that."

(w)

"the justice last named," or "the undersigned, as one of such justices aforesaid."

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

at

Whereas on last past complaint was made before the undersigned (uu), [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 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 (v) the said A. B. to [&c., as in the 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 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, 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

ment.

(P 4) Warrant

of distress for

the costs.

(P 5) Commit

ment for want of distress.

Where imprisonment in default of payment of a sum in the first instance.

(02) Commit

ment immediate

or after time given.

sum of

commitment and conveying of the said A. B. to the said [house of correc-
tion], should be sooner paid]: And whereas (w) 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
for costs, 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 for 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 divi-
sion of, in the said [county], that he may pay the same as by law di-
rected, 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 [&c., as N 1, ante, p. 114].

[Vide (N 3) and (N 4), indorsement to execute in another jurisdiction, and constable's return of no effects, ante, p 83.]

(uu) or "J.S., esquire."

(v) or "it was thereby adjudged that."

(w) Add here, when another justice issues it: "it is now proved to me the undersigned, as one of such justices aforesaid, that."

This form is at p. 108.

[Vide form of commitment forthwith for the costs, No. 64, p. 56, Oke's Magis. Formulist.]

Sect. 23, ante, p. 109, applies also to where an order is for the payment of money, and the statute makes no provision for such sum being levied by distress; a commitment issues, which includes the costs, as upon a conviction.

To the constable of

FORM.

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 under

signed (r) [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 parties appeared berore [me] the said justice (y) [or as it may be in the order], and thereupon having considered the matter of the said complaint, I (2) adjudged the said A. B. to pay to the said C. D. the sum of day of then next, and

on or before the

for his costs in that behalf;

also to pay to the said C. D. the sum of
and I(aa) also thereby adjudged that if the said several sums should not
be paid on or before the day of
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 (bb); 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: 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 the costs and charges of conveying him 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 [&c., as (N 1), ante, p. 114].

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

(1) Or "J.S., esquire."

(y) Or “ J. N., esquire, [or me the undersigned'], as one of such justices aforesaid."

(*) Or "it was thereby adjudged that."

(aa) Or "it was."

(bb) There is no mention here (as in (P 4) and (P 2)) of the minute of the order being served :-the words used in those forms may be here inserted.

distress, and im

Sect. 19, ante, p. 111, applies equally to cases where an order Where the sum requires payment of a sum of money, and by the statute autho- is to be levied by rizing such order such sum is to be levied by distress; a war- prisonment in rant of distress (N 2) should issue in the usual manner, and the default. proceedings throughout would be the same as on a conviction, and the observations thereon, ante, pp. 112, 113, as to the manner of levying the distress, &c. would be applicable here.

on

To the constable of

[county] of

at

FORMS.

and to all other peace officers in the said (N 2) Distress

Whereas on last past a complaint was made before the undersigned (cc), [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, the said parties appeared before me [or as in the order] (dd), and thereupon having considered the matter of the said complaint, I (ee) 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(f) thereby ordered that if the said several sums should not be paid on or before the said then next, 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 distress

warrant.

Form (N 5), ante, p. 115.

sums of

in that behalf the said A. B. should be imprisoned in the [house of cor-
rection] 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 distress, [and of the commitment and conveying of the said A. B. to the
said house of correction], should be sooner paid (gg): And whereas the
time in and by the said order appointed for the payment of the said several
and hath elapsed, but the said A. B. bath 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 dis-
tress of the goods and chattels of the said A. B.; and if within the space
of days after the making of such distress the said last-mentioned
sums, 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 unto
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
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 (hh),
to the end that such proceedings may be had therein as to the law doth
appertain. [Add here the form of detention at foot oj (N 1), ante, p. 114].
Given [&c., as (N 1), ante, p. 114].

(dd) Or "J. N., esquire [or me the undersigned'], as one of such justices aforesaid."

(ee) Or "it was thereby adjudged that."

Commitment where the distress would be ruinous, or on confession of no

goods.

[Vide form, not in Jervis's Act, Oke's Magis. Formulist, No. 67, p. 58.]

(N 1 a). Recognizance till return of distress warrant, Id. No. 55, p. 51.

(N 3) and (N 4). Indorsement and constable's return, ante, p. 83.

Commitment for want of distress, not given in Jervis's Act, Oke's Magis. Formulist, No. 71, p. 59.

Where no remedy given in default of dis

tress,

In these cases sects. 22, p. 115, and 19, p. 111, on convictions, will also apply to orders for payment of sums of money (ii). The form of commitment to be used where no remedy given by the statute in default of distress will be (N 5), adapted to an or where there is no remedy order, as in Oke's Magis. Form. No. 71, p. 59, and where for enforcing there is no remedy provided by the particular statute for en- payment. forcing payment, the distress warrant will be as (N 2), ante, p. 119.

FORM.

to wit.

To the keeper of the [house of correction] at
[county] of

in the said Liberate or dis

These are to command you, in her Majesty's name, 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 upon which he was taken and committed to your said of money therein mentioned having been duly paid. hand and seal, this day of A. D. 1850, at

day of, custody, the sums Given under my in the [county]

charge by a justice on payment of penalty (from Oke's Magis. Form. No. 72,

p. 59).

J. S. (L.S.)

3. Enforcing Costs on Dismissal of Information or Complaint.

missal.

It will be seen, ante, p. 81, that the costs on the dismissal of Costs on disan information or complaint are recovered by distress, and in default thereof, imprisonment for not exceeding one calendar month.

The forms are given at pp. 82, 84.

4. Enforcing Costs of Conveyance to Gaol.

By the 3 Jac. 1, c. 10, s. 1, which remains unrepealed, it is Expenses of provided, that if the party committed be of sufficient ability to coveying to gaol. pay the expenses of his being conveyed to prison and the charges of such as may be appointed to guard him thither, he shall do so; or if he refuse, the justice committing him may, by his warrant, command the constable where the offender dwells, or from whence he shall be committed, or where he shall have goods within the county or liberty, to sell so much of the same

(ii) The repealed statute 5 Geo. 4, c. 18, s. 1, only applied to penalties, and not to other sums of money, such as wages, and in the latter cases there formerly could be no imprisonment in default of distress (Wiles v. Cooper, 5 N. & M. 276).

By distress on

offender's

goods.