"to be thereby recovered (kk), then such costs shall be reco"verable by distress and sale of the goods and chattels of the party, and in default of such distress, by imprisonment, with 66 66 or without hard labour, for any time not exceeding one ca"lendar month, unless such costs shall be sooner paid." conviction and The statute 11 & 12 Vict. c. 43, although it gives short forms Requisites of or outlines of three descriptions of convictions and orders for order. general use, contains no provisions that they shall not be open to objections as provided in respect of informations, &c., by ss. 1, 3, 9; but that they shall be "in proper form" (s. 14): however, the statute in giving the succinct forms of convictions Convictions. disposes of many objections which were liable to be raised to convictions under the 3 Geo. 4, c. 23, and particular statutes; for it was formerly necessary to add a statement of the information, the issue of the summons, the appearance or non-appearance of the defendant, and the service of the summons, the confession of the defendant, the adjournment of the hearing, the evidence in detail as given by the prosecutor's witnesses as well as the defendant's, and the manner of the appropriation of the penalty and costs. The requisites therefore of the conviction are, in addition to those before referred to in regard to the information, as to the description of justices, the offence with date, &c., principally in regard to the mode of stating the The adjudicajudgment in the adjudicating portion, which must be precise tion. and certain (Rex v. Harris, 7 T. R. 238), and must strictly follow the provisions of the act of parliament upon which it is founded, and that any excess, diminution or variation of the penalty or punishment and costs fixed by the statute will render the conviction entirely void (R. v. Hall, Cowper, 60; R. v. Elwell, 2 Lord Raym. 1514, 2 Sh. 794; R. v. Salomons, 1 T. R. 251; Groome v. Forrester, 5 M. & S. 314; R. v. Payne, 4 D. & Ry. 72; R. v. Vipont, 2 Burr. 1163; R. v. Ashton, 8 Mod. 175; Re Reynolds, 13 L. J. M. C. 65; 1 New Sess. Ca. 51). It seems now, since only one offence can be inserted in the information, that the conviction upon which it is founded should likewise contain but one offence, although before the statute it was legal to include several offences of the same nature Several ofin the same conviction (R. v. Swallow, 8 T. R. 284, 286, Paley (kk) This will apply to cases where the punishment on a conviction or order is imprisonment only; the costs in such cases being recovered by distress by a distinct process from the warrant of commitment, and in default imprisonment (with costs of conveyance to gaol) s. 24. fences. Н Several offences. Joint penalty several among defendants. Copy of convic tion. Copies of depositions. 196); but if several are inserted, each must be distinctly charged, and the penalties must be properly adjudged (Newman v. Bendyshe and another, 10 Ad. & Ell. 11), and the statute contains no provision prohibiting the joinder of offences in the conviction. The adjudication in the latter case, if adopted, would be, "And I adjudge the said A. B., for each of his said [three] several offences, to forfeit and pay the sum of [£5], making together the sum of [15], to be respectively paid and applied according to law, &c." There should not be a separate conviction where the offence is joint, and the penalty severed among two or more defendants; but the adjudication might properly be as follows: "And I adjudge the said A. B., E. F. and G. H., for their said offence to forfeit and pay the sum of [£5, the full penalty] to be paid and applied according to law; and also to pay to the said C. D. the sum of for his costs in this behalf, in the following proportions, that is to say, the said A. B. for his said offence the sum of [share of penalty] and the sum offor costs; the said E. F. for his said offence the sum of and the sum of for costs; and the said G. H. for his said offence the sum of -, and the sum of for costs; and if the said several apportioned sums be not paid forthwith by the said A. B., E. F. and G. H. respectively, I adjudge each of them the said A. B., E. F. and G. H. to be imprisoned in the common gaol at - -, in the county of space of -, unless the said several proportions of penalty and costs shall be sooner paid by them respectively [or if imprisonment different on each, state adjudication separately in the ordinary manner].” for the There may be however a separate conviction for each defendant where the offence is several, and consequently the penalty several upon each, although a conviction of many defendants in the same penalty is legal (R. v. Drake, 2 Show. 489, vide form of adjudication, Form No. 42, p. 40, 41, Oke's Magis. Formulist); but where the penalty or punishment is adjudged different to each defendant, a separate conviction is recommended. The defendant is entitled, upon application, to a copy of the conviction from the convicting magistrates (R. v. Midlam, 3 Burr. 1720), though they are not bound by the copy they have delivered, but may file at the sessions a more perfect one (Chaney v. Payne, 1 Q. B. 711, 722, 1 Ad. & Ell. (N. S.) 712; Sellwood v. Mount, 1 Q. B. 729, 9 Car. & P. 75). The parties are not entitled to copies of the depositions or evidence of the witnesses in these cases, and their only mode of compelling the production of the originals is by a subpœna (8 J. P. 586.) FORMS (kk). peace sonment. Be it remembered, that on the } day of in the year (1) Convic to wit.of our Lord, at — , in the said [county], A. B. is con- tion for a penalty victed before the undersigned, [one] of her Majesty's justices of the to be levied by for the said county, for that [he the said A. B. &c. stating the offence, distress, and in and the time and place when and where committed]; and I adjudge the default imprisaid A. B. for his said offence to forfeit and pay the sum of [stating the penalty, and also the compensation, if any, to be paid and applied according to law, and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith [or "on or before next"], I order that the same be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress*, I adjudge the said A. B. to be imprisoned in the [house of correction] at in the said county [there to be kept to hard labour] for the space of unless the said several sums, 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] shall be sooner paid. Given under my hand and seal, the day and year first above mentioned, at -, in the [county] aforesaid. J. S. (L. s.) (kk) Vide Form of General Consolidated Conviction, applicable to several offenders and numerouse practical variations, " Oke's Magis. Form." No. 42, P. 40. * Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, intead of the words between the asterisks **, say, "then, inasmuch as it hath now been made to appear to me [that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. and his family," or "that the said A. B. hath no goods or chattels whereon to levy the said sums by distress], I adjudge❞ [c. as above to the end]. day of Be it remembered, that on the in the year (12) Convic to wit. of our Lord at in the said [county], A. B. is con- tion for a pevicted before the undersigned, [one] of her Majesty's justices of the peace nalty, and in for the said county, for that [he the said A. B. &c. stating the offence, default of payand the time and place when and where it was committed]; and I adjudge ment imprisonthe said A. B. for his said offence to forfeit and pay the sum of [stating the penalty and the compensation, if any], to be paid and applied according to law, and also to pay to the said C. D. the sum of his costs in this behalf; and if the said several sums be not paid forthwith for [or "on or before next"], I adjudge the said A. B. to be imprisoned J. S. (L. s.) ment. Be it remembered, that on the day of in the year (I 3) Convicto wit. of our Lord in the said [county], A. B. is convicted before tion when the the undersigned, [one] of her Majesty's justices of the peace for the said punishment is H 2 by imprison ment. in : [county], for that [he the said A. B., &c. stating the offence, and the time J. S. (L. s) *Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods where to levy a distress, then, instead of the words between the asterisks**, say, "inasmuch as it hath now been made to appear to me [that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. and his family," or "that the said A. B. hath no goods or chattels whereon to levy the said sum for costs by distress], I adjudge," [&c.] Conviction on view of a justice. Vide Form, No. 43, Oke's Magis. Form. p. 42. (K1) Order for payment of money to be levied by dis tress, and in default of dis ment. on at Be it remembered, that on complaint was made before to wit. the undersigned [or "J. S. esquire"] [one] of her Majesty's justices of the peace in and for the said [county] of - for that [stating the facts entitling the complainant to the order, with the time and place when and where they occurred]; and now at this day, to wit, the parties aforesaid appear before me the said justress imprison- tice (l) [or "the said C. D. appears before me (l) the said justice, but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath, that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such justices of the peace for the said county as should now be here, to answer the said complaint, and to be further dealt with according to law"]; and now, having heard the matter of the said complaint, I do adjudge the said A. B. [to pay to the said C. D. the sum of forthwith, or before next," or as the statute may require], and also to pay to the said C. D. the sum of for his costs in this behalf; and if (mm) the said several sums be not paid forthwith [or "on or before next"], I hereby order that the same be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress in that behalf, I adjudge the said A. B. to 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 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], shall be sooner paid. Given 66 on or J. S. (L. s.) (I) Or" the undersigned, as such justice [or justices'] as aforesaid." (mm) Upon a copy of a minute of this order being served upon the said A. B., either personally or by leaving the same for him at his last or most usual place of abode.' These words are in the Form (K 3), below, and as sect. 17, p. 95, which requires a minute to be served, applies to all orders, they should have been inserted here also. Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks**, say, then, inasmuch as it hath now been made to appear to me [that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. and his family," or "that the said A. Bhath no goods or chattels whereon to levy the said sums by distress], I adjudge" [&c.] Be it remembered, that on complaint was made before (K 2) Order for to wit.the undersigned (nn), [one] of her Majesty's justices of the payment of peace in and for the said [county] of for that [stating the facts money, and in entitling the complainant to the order, with the time and place when and default of paywhere they occurred]; and now at this day, to wit, on, at, the ment imprisonparties aforesaid appear before me (oo) the said justice [or "the said ment. C. D. appears before me (oo) the said justice, but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath that the said A. B. has been duly served with the summons in this behalf which required him to be and appear here on this day before such justices of the peace for the said [county] as should now be here, to answer the said complaint, and to be further dealt with according to law"]; and now, having heard the matter of the said complaint, I do adjudge the said A. B. [to pay to the said C. D. the sum of forthwith, or on or before next," or as the statute may require], and also to pay to the said C. D. the sum of costs in this behalf; and if (see (mm) in K 1, ante, 100) the said several sums be not paid forthwith [or " on or before next"], I adjudge the said A. B. to be imprisoned in the [house of correction] at said county [there to be kept to hard labour] for the space of the said several sums [and the costs and charges of conveying the said A. B. to the said house of correction] shall be sooner paid. Given under my hand and seal, this in the year of our Lord 66 day of -, in the [county] aforesaid. (nn) Or" J. S. esquire." (00) Or " us the undersigned, as such justices as aforesaid." - at for his in the at J. S. (L. s.) Be it remembered, that on complaint was made before (K 3) Order to wit. the undersigned (pp), [one] of her Majesty's justices of the peace for any other in and for the said [county] of — for that [stating the facts entitling matter where the complainant to the order, with the time and place when and where they the disobeying occurred], and now at this day, to wit, on the parties afore- of it is punishsaid appear before me (99) the said justice [or "the said C. D. appears before me the said justice, but the said A. B., although duly called, doth prisonment. not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me upon oath that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this able with im |