any justice of the peace, to be dealt with according to law; and if any such driver in any of the cases aforesaid shall refuse to discover his name, it shall and may be lawful for the said justice of the peace before whom he shall be taken, or to whom any such complaint shall be made, to commit him to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding three months, or to proceed against him for the penalty aforesaid by a description of his person and the offence only, without adding any name or designation, but expressing in the proceedings that he refused to discover his name. Id. s. 78.

9. Proceedings for Penalties, &c.

Securing unknown offenders.] Whereas offences may be committed against this Act by persons whose names are unknown to the surveyor, assistant surveyor, or district surveyor: be it therefore enacted, that it shall be lawful for the surveyor, assistant surveyor, or district surveyor, or any person acting under his authority, and such other person witnessing the commission of the offence, without any other authority than this Act, to seize and detain such unknown person who shall commit any such offence, and take him forthwith before any justice of the peace, who shall proceed and act with respect to such offence according to the provisions of this Act. Id. s. 79.

Summons, information, &c.] Where any penalty or forfeiture is recoverable before justices of the peace under this Act, any justice to whom complaint shall be made of any such offence, may summon the party complained against before any two justices, and on such summons the said two justices may hear and determine the matter, and on proof of the offence convict the offender, and adjudge him to pay the penalty or forfeiture incurred, and proceed to recover the same, although no information in writing shall have been exhibited or taken by or before such justice. Id. s. 101.

The following is the form of the summons :

To A. B.

Whereas complaint and information hath been (to wit.) made upon oath before me, C. D., one of Her Majesty's justices of the peace for the said [county, &c.] by E. F. of that, &c. [here state the nature and circumstances of the case, as far as it shall be necessa, y to show the offence, and to bring it within the authority of the justice; and, in doing that, follow the words of the Act as near as may be]: these are therefore to require you personally to appear before me [or the justices to be assembled at their petty sessions (or special sessions

for the highways) to be holden at

in the said county, &c.] day of next, at the hour of·

in the

on the noon, to answer to the said complaint and information made by the said E. F., who is likewise directed to be then and there present to make good the same.

Given under my hand this

(to wit.)

Herein fail not.
day of

of

The following may be the form of the information :— Be it remembered that on the · day of A. B. of - in the said county, informeth and maketh oath before me — one of Her Majesty's justices of the peace for the said county, that in the said county, [here describe the offence, with the time and place, and follow the words of the Act as near as may be,] contrary to the statute in the fifth and sixth year of the reign of His late Majesty King William the Fourth, intituled, “An Act,” &c. [here set out title of Act, as ante, p. 645, n.] which hath imposed a forfeiture for the said offence.

The following is the form of the conviction :—
Be it remembered that on the

(to wit)

}

before me A. B.

day of

of Her

in the county aforesaid, A. B. came before us Majesty's justices of the peace for the said county, and informed us that E. F. of· on the day of now last past, at in the said county, did [set forth the fact in the manner described by the Act]; whereupon the said E. F., after being duly summoned to answer the said charge, appeared before us, -on the day of in the said county, and, having heard the charge alleged against him, declared that he was not guilty of the said offence; but the same being fully proved upon the oath of G. H. a credible witness, it manifestly appears to us the said justices, that the said E. F. is guilty of the offence charged upon him in the said information: it is therefore considered and adjudged by us the said justices, that the said E. F. be convicted, and we do hereby convict him of the offence aforesaid; and we do hereby declare and adjudge that the said E. F. hath forfeited the sum of· of lawful money of Great Britain, for the offence aforesaid, to be distributed as the law directs, according to the form of the statute in that case made and provided. Given, &c.

[After the words, "being duly summoned to answer the said charge," insert did not appear before us pursuant to the said summons," or "did neglect and refuse to make any defence against the said charge; but the same being fully proved, &c. as before.]

66

[After the words charge alleged against him," insert acknowledged and voluntarily confessed the same to be true,"

and it manifestly appears to us the said justices, &c., as above.]

Witnesses.] If any person, after being paid or tendered a reasonable sum of money for his costs, charges and expenses, shail be summoned as a witness to give evidence before any justices of the peace touching any matter or fact contained in any information for an offence against this Act, either on the part of the prosecutor or person accused, and shall refuse or neglect to appear at the time and place for that purpose appointed, without a reasonable excuse for his refusal or neglect, ----or appearing shall (after having been paid or tendered a rensonable sum for his costs, charges, and expenses,) refuse to be examined upon oath and give evidence: such person shall forfeit for every such offence, any sum not exceeding five pounds. Jd. s. 102.

Penalties, &e, how levied.] All penalties and forfeitures by this Act inflicted, and all balances due from a surveyor, and all costs and charges to be allowed and ordered by the authority of this Act, (the manner of levying, recovering, and applying of which is not hereby otherwise particularly directed,) shall, upon proof and conviction of the offences respectively before any two or more justices, or upon order made as aforesaid, be levied, together with the costs attending the information, summons, and conviction, by distress and sale of the goods and chattels of the person ordered to pay the same, by warrant under the hands of two or more justices before whom the party may have been convicted; and if such fines, penalties and forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justices as aforesaid to order the offender or offenders so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security, by way of recognizance or otherwise, to the satisfaction of such justices, for his or their appearance before them on such day as shall be appointed for the return of such warrant of distress, such day not being later than seven days from the time of taking such security, or in case it shall appear to the satisfaction of such justices, either by the confession of the offender or otherwise, that he hath not goods or chattels within the jurisdiction of such justices sufficient whereon to levy all such penalties, &c., such justices may at their discretion, without issuing any warrant of distress, commit the offender for such period of time, and in such and like manner, as if a warrant of distress had been issued, and nulla bona returned thereon; but if a warrant of distress shall be issued, and upon the return thereof it shall appear that no sufficient

distress can be had whereon to levy the said penalty, &c. and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such justices, upon the confession of the offender, or otherwise, that he hath not sufficient goods and chattels whereupon such penalty, &c. could be levied if a warrant of distress were issued, such justices shall not be required to issue such warrant, but in such case such justices shall, by warrant under their hands, cause such offender or offenders to be committed to the common gaol or house of correction of the county, riding, or place where the offender shall be or reside, there to be kept to hard labour, for any term not exceeding three calendar months, unless such penalties, &c. shall be sooner paid and satisfied; and the penalties and forfeitures, when so levied, shall be paid, the one half to the informer, and the other half to the surveyor of the parish where such offence shall happen, to be applied towards the repair of the highways thereof, unless otherwise directed by this Act; but in case the surveyor shall be the informer, then the whole shall be applied towards the repair of such highway. Id. s. 103. Where, upon an appeal against a certificate of justices for stopping up a highway, the sessions award costs, the not paying those costs is not an offence within the meaning of this section, so as to authorize two justices to convict the party. Selwood v. Mount et al., 10 Law J. 121, m.

The following is the form of the warrant of distress, &c.:

Warrant to distrain for the forfeiture.

of

To the constable [headborough or tithingman] (to wit.) Whereas A. B. of in the said county [yeoman, &c.] is this day convicted before us, two of Her Majesty's justices of the peace in and for the said county, upon the oath of G. H. a credible witness, for that the said A. B. hath [here set forth the offence, describing it particularly in the words of the Act, as near as may be], contrary to the statute in that case made and provided; by reason whereof the said A. B. hath forfeited the sum of· to be distributed as herein is mentioned, which he hath refused to pay: these are therefore in Her Majesty's name to command you to levy the said sum of by distress of the goods and chattels of him the said A. B. and if within the space of four days next after such distress by you taken, the said sum of together with the rea

sonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale that you do pay one half of the said sum of

to E. F. of

who

informed me of the offence, and the other half of the said sum of to I. K. the surveyor of the parish [township or place] where the said offence [neglect or default] happened, to be employed towards the repair of the said highways, returning the overplus, upon demand, to him the said A. B., the reasonable charges of taking, keeping, and selling the said distress being first deducted; and if sufficient distress cannot be found of the goods and chattels of the said A. B. whereon to levy the said sum of - that then you certify the same to us, together with this warrant. Given under our hands the

day of

C. D.
E. F.

Return of the constable to be made upon the warrant of distress, when there are no effects.

I, A. B., constable of the [parish, &c.] of

in the county

of do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the withinnamed and that I can find no sufficient goods whereon to levy the within sum of· As witness my hand the

day of

Sworn before me the day and year, &c.

A. B.

C. D.

Commitment for want of distress.

To the [constable] of ·

in the said county,

(to wit.) J and to the keeper of the common gaol [or house of correction] at

,

Whereas A. B. of day of

in the said county. in the said county, yeoman, was on the convicted before us, tuo of Her Majesty's justices of the peace in and for the said county, upon the oath of E. F. a credible witness, for that he the said A. B. [here set forth the offence], contrary to the statute made in the fifth and sixth years of the reign of King William the Fourth, intituled "An Act," [here set out title of Act, as ante, p. 645, n.] by reason whereof the said A. B. hath forfeited the sum of · -: and whereas on the day of in the year aforesaid we did issue our warrant to the [constable] of, to levy the said sum of· by distress and sale of the goods and chattels of him the said A. B., and to distribute the same according to the directions of the said statute: and whereas it duly appears to us upon the oath of the said [constable] that the said [constable] hath used his best endeavours to levy the said sum on the goods and chattels of the said A. B.