you the said A. B. forthwith to take, carry and convey the said C. D. to the —, at in the, and to deliver him into the custody of the gaoler or keeper of the said ; and we the said justices do hereby authorize and require you, the said gaoler or keeper of the said gaol, to receive and take the said C. D. into your custody, and him safely to keep until he shall duly pay the said sum of pounds. Given under our hands and seals at in the year of our Lord County of this day of 3. Conviction for a pecuniary Penalty. Be it remembered, that on the day of —, in the year of our Lord at, an information was exhito wit. bited by A. B., an officer of customs, who was directed by the commissioners of her Majesty's customs to prefer the same before us two of her Majesty's justices of the peace in and for the against C. D., which said information charged that the said C. D., within six months then last past, that is to say, on the day of in the year of our Lord [here stute the offence as in the information], contrary to the form of the statute in that case made and provided, whereby the said C. D. had forfeited for his said offence the sum of pounds, which offence [has been duly proved before us the said justices, or the party has confessed himself to be guilty of, as the case may be]: we the said justices do therefore convict the said C. D. of the said offence, and do adjudge that the said C. D. hath forfeited for his said offence the sum of pounds. Given under our hands and seals at of in the year of our Lord the day 4. Information before Justices of the Peace where the Penalty of Hard Labour is inflicted. S County of Be it remembered, that on the year of our Lord at day of in the -, A. B., an officer of customs, to wit. who is directed by the commissioners of her Majesty's customs to prefer this information, gives us -, two of her Majesty's justices of the peace in and for to understand and be informed that C. D., within six months now last past, that is to say, on the day of, in the year of our Lord one thousand eight hundred and [here state the offence], contrary to the form of the statute in that case made and provided, whereby the said C. D. hath for his said offence become liable to be imprisoned in a house of correction, and there kept to hard labour, for any term not leas than six nor greater than nine calendar months. County of 5. Conviction for the Penalty of Hard Labour. at - in the an information was exhi to wit. bited by A. B., an officer of customs, who was directed by the commissioners of her Majesty's customs to prefer the same before us two of her Majesty's justices of the peace in and for which said information charged that the said C. D., then last past [that is to say], on the our Lord -, against C. D., within six months day of in the year of There state the offence as in the information], contrary to the form of the statute in that case made and provided, whereby the said C. D. had for his said offence become liable to be imprisoned in a house of correction, and there kept to hard labour for any term not less than six nor greater than nine calendar months, which offence [has been duly proved before us the said justices, or the party has confessed himself to be guilty of, as the case may be]: we the said justices do therefore convict the said C. D. of the said offence, and do adjudge that the said C. D. us this shall for his in the county calendar day of 6. Warrant of Commitment for the Penalty of Hard Labour. To A. B., an officer of customs, and to the gaoler or keeper of the house of correction at in the county of Couuty of Whereas C. D. has been this day duly convicted before two of her Majesty's justices of the peace in to wit. and for the -, upon the information of A. B., an officer of customs, who was directed by the commissioners of her Majesty's customs to prefer the same, for that within six months now last past, to wit, on the , in the year of our Lord [here state the offence as in the information]: and whereas we the said justices did adjudge that the said C. D should for his said offence be imprisoned in the house of correction at aforesaid, and be there kept to hard labour for the term of calendar months: These are therefore to require you the said A. B. forthwith to take, carry and convey the said C. D. to the house of correction at day of in the and deliver him into the custody of the gaoler or keeper of the said house of correction; and we the said justices do hereby authorize and require you the said gaoler or keeper of the said house of correction to receive and take the said C. D. into your custody, and to keep the said C. D. for the said term of · calendar months to hard labour. hands and seals at the Given under our this day of in 7. TABLE OF FEES given in Schedule (A.) of 12 § 13 Vict. c. 90. (Vide s. 26.) In Cases summarily disposed of by One Justice. Convening justices in one or more detention cases on the same day Attendance in each case of detention for the same offence: 0 10 6 Convening justice in one or more detention cases on the same day Taking information of officer to ground warrant of detention against one or more persons for the same offence, and oath Warrant of detention for one defendant only for each additional defendant Convening justice to hear one or more cases on same day For each information exhibited For each witness examined, where examination does not ex ceed two folios, and oath For every additional folio beyond two folios Taking down prisoner's reply, if any, to charge Recording conviction or acquittal Warrant of commitment, and copy for revenue solicitor 966 0 05 0 699006 210322 0 0 0 0 0 4 0 6 Drawing and engrossing conviction on parchment to file, and transmitting same to clerk of peace In Cases where the Parties are proceeded against by Summons. Summons for defendant's appearance, and duplicate Each summons for witnesses (when required), and duplicate For every additional folio after the two first 52 0 2 0 2 0 3 0 0 0 0 0 0 0 10124 Drawing and engrossing conviction on parchment, to file, and transmitting same to clerk of peace 060 GENERAL PROSECUTIONS AT THE INSTANCE OF THE COMMISSIONERS OF CUSTOMS. In Cases where Parties are brought before Justices for Offences determinable at Sessions or Assizes. Convening justices, when required Information and oath to ground warrant or summons Taking depositions of witnesses, per folio Copies ditto for revenue solicitor, when required, per folio Recognizance to prosecute and give evidence Recognizance to give evidence, whatever the number of witnesses included therein 0 66008466 0 4 2 0 2 For each notice of recognizance to prosecute or give evidence. O 1 60 23 EXCISE. These Forms are taken from the 2nd volume of Burn's Justice, pp. 1013 to 1034, 29th edition. 1. Formal Parts of Information for Recovery of a Penalty or Penalties and Condemnation of a Seizure, exhibited before one Justice. County of [Essex] Be it remembered, that on this [first] day of [January], in the year of our Lord [1830], at [Chelmsford], in the county of [Essex], A. B., being one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty to wit. as for himself, exhibiteth to and before me E. F., Esquire, one of his Majesty's justices of the peace in and for the said county of [Essex], wherein the offence (a) hereinafter mentioned was committed, and where the goods, commodities and chattels hereinafter mentioned were seized on information (which same information is commenced and prosecuted by order of the commisioners of excise (b),) and thereby informeth me the said justice that within four months last past, to wit, on the [tenth] day of [September], in the year of our Lord [1829], at [Witham], [here state the offence with certainty, and not in the alternative, and then proceed as follows] and the said A. B., who sues as aforesaid, prayeth judgment in the premises, and that he may have one moiety of the said penalty and forfeiture, according to the form of the statute in such case made and provided, and that the said C. D. may be summoned to answer the said premises, and to make defence thereto. Exhibited to and before me, the day and year first above written, E. F. 2. Formal Parts of Information for Recovery of a Penalty or Penalties and the Condemnation of a Seizure, exhibited before two Justices. County of Be it remembered, that on this [first] day of [January], in [Essex] the year of our Lord [1830], at [Chelmsford], in the county to wit. of [Essex], A. B., being one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty as for himself, exhibiteth to and before us E. F. and G. H., two of his Majesty's justices of the peace for the said county wherein the offence hereinafter mentioned was committed, and where the goods, commodities, and chattels hereinafter mentioned were seized on information (which same information is commenced and prosecuted by order of the commissioners of excise,) and thereby informeth us, the said justices, that [here state the offence with certainty, and not in the alternative,] whereupon the said A. B. prayeth judgment in the premises, and that he may have one moiety of the said penalty and forfeitures according to the form of the statute in such case made and provided, and that the said C. D. may be summoned to answer the said premises, and to make defence thereto. Exhibited to and before us the day and year first above A. B. 3. Formal Parts of Information for the Recovery of a Penalty or Penalties, exhibited before one Justice. County of Be it remembered, that on this [first] day of [January], in [Essex] the year of our Lord [1830], at [Chelmsford], in the county to wit. Sof [Essex], A. B., being one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty as for himself, exhibiteth to and before me E. F., one of his Majesty's justices of the peace for the said county of [Essex], wherein the offence hereinafter mentioned was committed, an information (which same information is commenced and prosecuted by order of the commissioners of excise,) and thereby informeth me, the said justice, that one C. D. [here state the offence,] whereupon the said C. D. prayeth judgment in the pre (a) If more than one offence is stated in the information, insert the word 'several," and add an s to the word offence. (b) If the information be exhibited in England, insert the words, "commissioners of excise," if in Scotland or Ireland," commissioner and assistant commissioners of excise in Scotland," or "Ireland," as the case may be. mises, and that he may have one moiety of the said penalty [state the sum], according to the form of the statute in such case made and provided, and that the said C. D. may be summoned to answer the said premises, and to make defence thereto. Exhibited to and before me the day and year first above writ ten, E. F. A. B. 4. Formal Parts of Information for Recovery of a Penalty or Penalties before one Justice for the County, Shire, Division, City, Town, or Place where the Person committing the Offence or Offences is found. County of Be it remembered, that this [first] day of [January], in [Essex]the year of our Lord [1830], at [Chelmsford], in the county to wit. of [Essex], A. B., being one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty as for himself, exhibiteth to and before me E. F., one of his Majesty's justices of the peace for the said county of [Essex], wherein C. D., the person committing the offence hereinafter mentioned is found, an information (which same information is commenced and prosecuted by order of the commissioners of excise,) and thereby informeth me, the said justice, that [here stute the offence,] and the said C. D. is now found in the said county of [Essex], whereupon the said C. D. prayeth judgment in the premises, and that he may have one moiety of the said penalty and forfeitures according to the form of the statute in such case made and provided, and that the said C. D. may be summoned to answer the said premises and to make defence thereto. Exhibited to and before me the day and year first A. B. 5. Before one Justice for the Condemnation of British Spirits, with Packages, Carriage, and Cattle, and the Recovery of the optional Penalty of £100, applicable to England (a). County of Be it remembered, that on the [first] day of [January], in [Essex] the year of our Lord [1830], at [Chelmsford], in the county to wit. of [Essex], A. B., one of his Majesty's officers of excise, now here in his proper person, as well for his present Majesty as for himself, exhibiteth to and before me E. F., Esquire, one of his Majesty's justices of the peace for the said county of [Essex], wherein the offence hereinafter mentioned was committed, and where the goods, commodities, and chattels hereinafter mentioned were seized, an information (which same information is commenced and prosecuted by order of the commissioners of excise), and thereby informeth me, the said justice, that within four calendar months last past, to wit, on the [tenth] day of [September] in the year of our Lord [1829], at [Witham], in the said county of [Essex], one G. H., being then and there an officer of excise, did seize and arrest, as forfeited, from one C. D., a certain large quantity, to wit, twenty gallons of British spirits, contained in divers packages, to wit, four bottles, and a certain carriage, to wit, a cart, and certain cattle, to wit, one mule, then and there used in the removal of the said spirits; the same spirits, for that the said C. D. then and there knowingly bad in his custody and possession the said spirits, after the same had been removed from the place where the same ought to have been charged with the duty payable in respect thereof before either the duty to which the same (a) See 7 & 8 Geo. 4, c. 53, s. 69. |