"been enacted;" but the subsequent clauses of the statute will apply (b):

Defects in statement of the ground of appeal may be amended

by the court on payment of costs or postponement of trial or both, and no objection to the form of setting forth any ground of appeal, &c. to prevail (s. 3). Appellants giving frivolous or vexatious grounds of appeal, to be liable to pay the respondent whole or part of his costs in disputing same (s. 4).

Sessions to have a general power to give costs in all cases of appeal before them, to be recovered in the mode provided by the stat. 11 & 12 Vict. c. 43 (vide s. 27, infra) (s. 5). Frivolous notices of appeals not prosecuted, court may order the party giving the notice to pay to the party receiving it, his costs, recovered in the usual manner (s. 6). Orders or judgments on appeal or return to certiorari may be amended (s. 7).

Recognizances may be amended by the quarter sessions (s. 8). Decisions of sessions to be final in the four following cases,

upon any question as to the sufficiency of the statement of the grounds of appeal under the 3rd section; as to the amending or refusing to amend any order of justices under the 7th section, or the statement of the grounds of appeal under the 3rd section; and as to the substitution of a new recognizance under the 8th section (s. 9).

Power after notice of appeal for parties to state a special case for the opinion of a superior court without going to the sessions previously (s. 11).

References may be made to arbitration under 9 & 10 Will. 3, c. 15 (s. 12).

Court of quarter sessions may in cases not excepted by the

2nd section, order by consent, that the matters of appeal be referred to arbitration (s. 13); and where reference abortive, Queen's Bench may order sessions to hear the appeal (s. 14).

Provisions of 3 & 4 Will. 4, c. 42, to be applicable to references under this act; and arbitrators or umpire to have the same powers of amendment as quarter sessions have (s. 15).

Recognizances for prosecution and trial of appeal not forfeited by agreement to state a case without going to the

(b) Vide Foot's edition of the statute.

court of quarter sessions, or by any submission to arbitrator under the act (s. 16).

The 17th section assimilates the proceedings for the levying and recovering of fines, issues and amerciaments with those upon a forfeited recognizance under 3 Geo. 4, c. 46.

Orders of general or quarter sessions to be enforced by attachment from the Court of Queen's Bench (s. 18), instead of by indictment.

After appeal de- By sect. 27 of the 11 & 12 Vict. c. 43, it is enacted, "that cided for re"after an appeal against any such conviction or order as aforespondent, conviction or order "said shall be decided, if the same shall be decided in favour to be enforced;" of the respondents, the justice or justices who made such con"viction or order, or any other justice of the peace of the same "county, riding, division, liberty, city, borough or place, may "issue such warrant of distress or commitment as aforesaid for "execution of the same, as if no such appeal had been brought; if either party to" and if upon any such appeal the court of quarter sessions "shall order either party to pay costs, such order shall direct "such costs to be paid to the clerk of the peace of such court, "to be by him paid over to the party entitled to the same, and "shall state within what time such costs shall be paid; and if "the same shall not be paid within the time so limited, and the

have costs, the same recovered by distress and commitment.

party ordered to pay the same shall not be bound by any "recognizance conditioned to pay such costs, such clerk of the "peace or his deputy, upon application of the party entitled to "such costs, or of any person on his behalf, and on payment "of a fee of one shilling, shall grant to the party so applying a "certificate ((R), post, p. 129) that such costs have not been "paid; and upon production of such certificate to any justice

66

or justices of the peace for the same county, riding, division, "liberty, city, borough or place, it shall be lawful for him or "them to enforce the payment of such costs by warrant of dis"tress ((S1), post, p. 129) in manner aforesaid, and in default "of distress he or they may commit ((S 2), p. 130) the party

against whom such warrant shall have issued in manner here"inbefore mentioned for any time not exceeding three calendar "months, unless the amount of such costs, and all costs and "charges of the distress, and also the costs of the commitment "and conveying of the said party to prison, if such justice or "justices shall think fit so to order, (the amount thereof being "ascertained and stated in such commitment), shall be sooner "paid."

FORMS.

Notice of Appeal against a Conviction or Order. (Oke's Magis. Form. No. 78, p. 63.)

Recognizance to try the Appeal, and Notice thereof. (Oke's Magis. Form. Nos. 79, 80, pp. 63, 64.)

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

(Title of the Appeal.)

(R) Certificate of clerk of

I hereby certify that at a court of general quarter sessions of the peace 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-. G. H.

[deputy] clerk of the peace.

and to all other peace officers in the said

66

To the constable of [county] of Whereas [&c. as in the warrant of distress ((N 1), ante, p. 113) on a conviction [or on an order, as (N 2), ante, p. 119] to the end of the statement of the conviction or order, and 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 holden 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 184-, to be by him handed over to the said [C. D.]: And whereas the [deputy] clerk of the peace of the said [county] hath, on the

day of

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 keep-
ing 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

K

(S1) Warrant

of distress.

(S2) Commit

ment for want of distress.

directed, and if no such distress can be found then that you certify the same unto me (c), 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
aforesaid.

in the year of our Lord

in the [county]

J. N. (L. s.)

(c) The authority of the person signing this warrant does not appear upon its face, and there should be inserted here," the undersigned, one of her Majesty's justices of the peace for the said [county] of

To the constable of

tion] at

and to the keeper of the [house of correcin the said [county] of

day of

Whereas [&c. as in the last form to the asterisk (*), and then thus] :
And whereas afterwards, on the
in the year aforesaid,
I the undersigned (d) issued a warrant to the constable of command-
ing 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 (e),
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 sum above mentioned could be found: These are
therefore to command you the said constable of to take the said
afore-

A. B., and him safely to convey to the [house of correction] at
said, 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 correction], 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
sufficient warrant. Given under my hand and seal, this
day of
at in the [county] aforesaid.
J. N. (L. s.)

in the year of our Lord

(d)" One of her Majesty's justices of the peace for the said [county] of ;" or "

J. S., esquire, one, &c."

(e)" The said justice;" or "the undersigned, one of her Majesty's justices of the peace for the said [county] of

PART I.

CHAPTER II.

THE SYNOPSIS OF OFFENCES, &c.

Within the Provisions of the 11 & 12 Vict. c. 43 (a).

observation.

PREVIOUS to giving an Explanation of the Columns of Offences, Preliminary Statutes, Penalties, &c. in this Chapter, it is perhaps necessary to state, that the several matters of procedure,-from the laying of the Information, the Hearing and Conviction or Dismissal, to the enforcing of the Conviction or Order, and the Appeal against them, not specifically shown in this tabular portion or in the notes at the foot of the pages, are to be found in detail in the preceding Chapter on "The Law and Practice of Procedure in general;" and that such matters of procedure as are contained in the several acts of parliament passed before Jervis's Act, 11 & 12 Vict. c. 43, giving cognizance of the offences which are inconsistent (and consequently repealed by s. 36, note (b), ante, p. 43) with the provisions of the last-named statute in that respect, have been wholly omitted from this Chapter, as no longer necessary to be known since the passing. of that consolidation act.

(a) Vide the observations on section 1, ante, pp. 43, 44, as to the applicability of this statute; this chapter containing all offences not excepted by the 35th section, ante, pp. 44, 45.