If no goods, order on county

treasurer.

In some case, included in commitments with the penalty, &c.

as in the discretion of the said justice shall be sufficient to pay such charges and expenses, the goods to be appraised by four honest inhabitants of the parish where such goods shall be, and the overplus (if any) delivered to the party. (Vide form, Oke's Magis. Form. No. 73, p. 60.)

The 27 Geo. 2, c. 3, s. 1, provides that where the party has no sufficient goods or money for such purpose (i. e. to repay the charges and expenses of conveying him to prison), then, upon application of the constable who conveyed him, the justice, after examining and ascertaining the reasonable expense, shall, by warrant under his hand and seal, order the treasurer of the county or place (or, in Middlesex, the overseers of the parish were the offender was apprehended) to pay the same. (Vide form of order, p. 123) (a).

It will have been observed, that in many of the instances of committals the expenses of conveyance to gaol are specially provided to be recovered and paid with the penalty, &c., if the defendant do not suffer the imprisonment; in those cases the 3 Jac. 1, c. 10, above, could not be resorted to in order to levy a distress on the defendant's goods for those expenses, as the justice will have exercised the whole of his functions over him, and it is questionable whether an order could then be made, under 27 Geo. 2, c. 3, on the county treasurer for the amount; for the latter statute applies only to cases where the party has no goods, and which the justices could not certify; but, under such circumstances, the order might be made as has here been altered, and would doubtless be complied with. In the other instances where the justices exercising the discretion given to them by the 11 & 12 Vict. c. 43, do not include the costs of conveyance to prison in the warrant of commitment, the 3 Jac. 1, c. 10, and the 27 Geo. 2, c. 3, may be applied in the usual manner without alteration of the forms of distress warrant or order.

(a) In this district the keeper of the gaol gives the constable, on receiving a prisoner, a similar receipt as that used on an indictable offence, who hands it to the clerk to the justices, and he makes out the order (if the defendant has no goods) on the county treasurer for the expense of the conveyance for the com. mitting magistrate's signature, either immediately or at the expiration of the defendant's imprisonment, at the latter period when the costs of conveyance to prison are included in the commitment.

FORM.

Order on trea

surer for ex

To the treasurer of the [county] of C. to wit. S Whereas application hath been this day made to me the undersigned, penses of conone of her Majesty's justices of the peace in and for the [county] aforesaid, veying a deby M. N., one of the constables of the parish of in the same [county], fendant to gaol. to allow of the reasonable expenses of his conveying A. B. to the [house Oke's Magis. of correction] at in and for the said [county], who was by me com- Form. No. 75, mitted on the day of instant, from N. [14 miles], for [state p. 61. 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 himself and those who conveyed him to the said gaol, and* I, having examined into the expenses thereof, and made due inquiry into the premises, do hereby ascertain and allow the reasonable expenses thereof at the sum of which I hereby order and require you the treasurer of the said [county] forthwith to pay to the said M. N. Given under my hand and seal, this day of A. D. 1850. J. S. (L. s.)

Or where the defendant has suffered imprisonment under the commitment, in which the costs of conveyance to gaol were included, omit the part between the asterisks, and add at the end, "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."

general.

SECT. 7. OF THE APPLICATION OF PENALTIES, &c. The mode of application of penalties, compensation, or other Application of sums of money paid by defendants by virtue of the conviction penalties in or order, is regulated by the particular statute under which the conviction or order is made, i. e. either to the overseers of the poor in aid of the county rate, to the churchwardens of the parish where the offence is committed, or to an informer, to the party aggrieved, or the complainant, and in many other modes; unappropriated penalties are payable to the crown under 3 Unappropriated Geo. 4, c. 46, s. 2, and were formerly to be paid through the clerk of the peace and sheriff.

fines,

where

The application of penalties, &c. in boroughs is regulated by in boroughs, the 5 & 6 Will. 4, c. 76, s. 126, by which the amount over and above the party aggrieved or informer's share is payable to the treasurer of the borough. By the 3 & 4 Vict. c. 88, s. 10, (the County Constabulary Act) if police officers are the informers, county police &c., in certain cases, the convicting justices may direct a portion of the fines to be paid for the benefit of the super

established.

Penaities, &c. to be paid to justices.

Sums unappropriated by

statute.

annuation fund for such constables (see 14 J. P. 502; 11 J. P. 893); and see 13 & 14 Vict. c. 87, as to fines under 11 & 12 Vict. c. 49.

By sect. 31 of the 11 & 12 Vict. c. 43, the clerk to the justices of the division where the conviction or order is made is now made responsible for the due appropriation of all penalties and sums, "according to the directions of the statute on which the information or complaint in that behalf shall have been framed" (a); and in the forms of warrants of distress given by the statute, the constable is directed to pay the amount levied to the clerk to the justices; and where the same is paid to the gaoler after committal, he is to remit the amount to the clerk also. The same section (31st) provides, that if such statute shall contain no such directions for the payment of such sums to any person or persons, "then such "clerk shall pay the same to the treasurer of the county, "riding, division, liberty, city, borough or place for which "such justice or justices shall have acted, and for which "such treasurer shall give him a receipt without stamp;" but the statute does not show how the county treasurer is to apply these sums, and it is submitted they are still payable to Account to be the crown through him instead of the clerk of the peace. The clerk and gaoler, it will be seen by the introduction at p. 30, are to keep and render monthly accounts of sums received by them to the justices of the division, as well as the court of quarter sessions, when ordered to do so; but it is contended that the justices in quarter sessions have no power to direct the clerks to the justices to pay all fines, &c. which are payable to the overseers, to the county treasurer (12 J. P. 846).

rendered of

fines.

(a) The 7th column of Chap. 2 throughout will show to whom they are pay.

able.

FORM.

the Keeper of
Gaol.

Appeal to the

quarter sessions against a conviction or order.

Abstract of
General and
Quarter Sessions
Procedure Act
(12 & 13 Vict
c. 45).

SECT. 8. OF APPEAL AND TIME, &C.

An appeal against a summary conviction or order of justices is a rehearing of the case on the merits by the court of quarter sessions; but the power of appealing is not of general but of particular right, and exists only in those cases in which it is specially given (Rex v. Hanson, 1 B. & Ald. 519), and no certain rule has been adopted by the legislature in conferring this power; by some acts it is given, while by others, in analogous cases, it is excluded. To the particular acts therefore must resort be had to know whether there lies any appeal; and if so, by what party, from what decision, at what time, and in what mode notice of it should be given (for the 12 & 13 Vict. c. 45, noticed infra, does not apply as to the time of appealing against a summary conviction, &c.), the recognizances entered into, for the particular provisions governing and regulating it must be complied with (a). Neither the 11 & 12 Vict. c. 43, nor the 12 & 13 Vict. c. 45, gives any new right of appeal, but the latter merely regulates the mode in which the right shall be exercised in those cases where particular statutes have conferred it.

The General and Quarter Sessions Procedure Act (12 & 13 Vict. c. 45), which by sect. 1 provides that fourteen clear days notice of appeal at least shall be given, and shall be sufficient in every case of appeal to any court of general or quarter sessions of the peace, which is to be in writing and signed, and the grounds of appeal specified, by sect. 2 enacts,—

"That none of the provisions herein before contained relating to "notices of appeal shall be construed to affect or alter the law "as to notice of appeal against a summary conviction, or against "an order of removal, or against an order under any statute "relating to pauper lunatics, or against an order in bastardy, "or against any proceedings under or by virtue of any of the "statutes relating to her Majesty's revenue of excise or cus"toms, stamps, taxes or post office, but the law with regard to "notices of all such appeals shall be deemed and taken to be "the same as if the provisions herein before contained had not

(a) The column" If appeal and time, &c." of Chap. 2 and 3, will show where an appeal is given, and the note thereto the entire clause of the statute giving the power to appeal and regulating the mode of doing so.