law.

tute.

By sect. 31 of the 11 & 12 Vict. c. 43, the clerk to the jus- Penalties, &c. tices of the division where the conviction took place is now to be paid to justice's clerk, made responsible for the due appropriation of all penalties and who is to apsums according to the directions of the statute on which the in- propriate them as directed by formation or complaint in that behalf shall have been framed (a); and in the forms of warrants of distress, the constable is directed to pay the amount levied to the clerk; and where the same is paid to the gaoler after committal, he is to remit the amount to the clerk also. The same section (31) provides that Sums unapproif such statute shall contain no such directions for the payment priated by stathereof 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 (b), and for which such treasurer shall give him a receipt without stamp; and every such clerk, and every such gaoler or keeper of a prison, shall keep a true and exact account of all such monies received by him, of whom and when received, and to whom and when paid, in the form (T) in the schedule to this act annexed, or to the like effect, and shall once in every month render a fair copy of every such account (c) unto the justices who shall be assembled at the petty sessions for the division in which such justice or justices aforesaid shall usually act, to be holden on or next after the first day of every month, under the penalty of 40s., to be recovered by distress in manner aforesaid; and the said clerk shall send or deliver every return so made by him as aforesaid to the clerk of the peace for the county, riding, division, liberty, city, borough or place within which such division shall be situate, at such times as the court of quarter sessions for the same shall order in that behalf.

Clerk and gaoler

to keep and render account

monthly.

The application of penalties, &c. in boroughs is regulated by Application in the 5 & 6 Will. 4, c. 76, s. 126, where the amount over and boroughs. above the party aggrieved or informer's share is payable to the treasurer.

(a) The 7th column of Chap. II. will show to whom they are payable. By the 3 & 4 Vict. c. 88, s. 10 (the County Constabulary Act), if police officers are the informers, &c. in certain cases, the convicting justices may direct a portion of the fines to be paid for the benefit of the superannuation fund for such constables.

(b) I. e. where the offence was committed. Before this statute such sums went to the crown, and were certified under 3 Geo. 4, c. 46, s. 2, and paid to the clerk of the peace, who paid them to the sheriff.

(c) As the penalties, &c. are to be paid by the gaoler to the clerk, and the same persons convicted would be mentioned in the gaoler's as well as the clerk's account, it is presumed the clerk should incorporate the gaoler's with his own, and render one account to the justices and the quarter sessions.

FORM.

(Signed)

clerk to the said court [or "keeper of the above gaol" or "house of correction."]

When appeal.

After appeal, costs recovered by distress and commitment.

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

The statute 11 & 12 Vict. c. 43, does not take away or give in any case a right of appeal against a conviction or order. Where appeal is allowed by the particular statute, it directs how and within what time notice of it should be given to the justice, &c; the recognizance entered into, and the particular provisions governing and regulating it, must be complied with (f).

S. 27 enacts, that after an appeal against any such conviction or order as aforesaid shall be decided, if the same shall be decided in favour of the respondents, the justice or justices who made such conviction 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; 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 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) that such costs have not been paid; and upon production of such certificate to any justice 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 distress ((S 1), post) in manner aforesaid, and in default of distress he or they may commit ((S 2), p. 78) the party against whom such warrant shall have issued in manner herein-before 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

(f) The column "If Appeal and Time, &c." of Chap. II. and III. will show where an appeal is given, and the note the time of notice, &c.

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.

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

(Title of the Appeal.)

I hereby certify that at a court of general quarter sessions of the 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 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. day of 184-.

Dated the

day of

G. H.

(R) Certificate of clerk of peace.

[deputy] clerk of the peace.

and to all other peace officers in the said

To the constable of [county] of Whereas [&c. as in the warrant of distress ((N 1), ante, p. 63) on a conviction [or on an order, as (N 2), ante, p. 69] 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 [4. 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
directed, and if no such distress can be found then that you certify the

(S 1) Warrant of distress.