16 & 17 Vict. c. 107.

of

This is to command you forthwith to convey the said [C. D.] to the house of correction at -, in the and to deliver him into the custody of the gaoler or keeper of the said house of correction, and I [or we] the said justice, or justices [as the case may be], 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 him safely to keep to hard labour in your said house of correction for the period of months.

-, in the

of --, this

Id. s. 273.

Form of Condemnation of seized Goods.

Be it remembered, that an information having been exhi

to wit.bited by [A. B.], an officer of customs, under the direction of
the commissioners of customs, before me
justices of the peace for the said - of

66

one of her Majesty's for the condemnation

of [here state the goods], for being dealt with contrary to section
of The Customs Consolidation Act, 1853," whereby the same be-
came liable to forfeiture, and which said goods having been claimed
by [C. D.] of - who was duly summoned to show cause why the
same should not be condemned as forfeited, and the forfeiture thereof
having been duly proved before me [or us, as the case may be], I [or
we, as the case may be] do adjudge the same to be forfeited, and do
condemn the same accordingly.

Given under ·
day of

hand and seal at
in the year of our Lord

III. TABLES OF FEES TO JUSTICES' CLERKS (c).
In cases summarily disposed of under Section 239.

Convening justices in one or more cases on the same day
Attendance in each case of detention for the same offence:-
Where one person detained

Convening justices in one or more cases on the same day 026
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

Recognizance for defendant's appearance

Convening justices to hear one or more cases of remand on

the same day

Each summons to witnesses, when required
Each information exhibited.

(c) A table of fees to justices' clerks in respect of investigations into wrecks is contained in the schedule to 19 & 20 Vict. c. 75 (Amended Customs Act), and is given in Part III. of this work, title " Wreck and Salvage."

Each witness examined, where examination does not exceed two folios, and oath

Each additional folio beyond the two first

Taking down prisoner's reply, if any, to charge
Recording conviction or acquittal

Warrant of commitment

Copy for revenue solicitor

Engrossing conviction on parchment to file, and transmitting same to clerk of peace

03

060

In Cases where the Parties are proceeded against by Summons. Convening justices to receive information in one or more

cases for the same day

Each information exhibited

Summons for defendant's appearance
Duplicate

Convening justices in one or more cases for hearing on the same day

Each summons for witnesses

Each witness examined, where examination does not exceed two folios, and oath

Every additional folio beyond the two first

Taking down statement, if any, of party accused

Recording conviction or acquittal

Warrant of commitment

Copy for revenue solicitor

Engrossing conviction on parchment to file, and transmitting

0 5 0

0 2 0

same to clerk of peace

060

GENERAL PROSECUTIONS AT THE INSTANCE OF THE COMMIS

SIONERS OF CUSTOMS.

In Cases where Parties are brought before the Justices for Offences

Copies ditto for revenue solicitor, when required, per folio
Warrant of commitment

0 3 0
008
0 0 4
026

026

Recognizance to give evidence, whatever the number of witnesses included therein

Each notice of recognizance to prosecute or give evidence. 0 1 0

The forms under this title which were in the first edition, and which were taken from the 2nd volume of Burn's Justice, p. 1013 to 1034, 29th edition, have been omitted, at the request of several subscribers, to make room for others more useful.

3 & 4 Will. 4, c. 103.

FACTORIES.

I. Forms in the Schedule to 3 & 4 Will. 4, c. 103.
II. Forms in the Schedule to 7 Vict. c. 15.

I. FORMS IN THE SCHEDULE TO 3 & 4 WILL. 4, c. 103.
1. Conviction.

County of [town

of

as the case

Be it remembered, that on the day of in the year, A. B. [describe the may be], to wit. Soffender] was, upon the complaint of C. D.

[or upon the view of C. D., one of her Majesty's inspectors of facto-
ries], convicted before E. F., one of her Majesty's inspectors of fac-
tories [or justices of the peace (a)] of and for &c. [as the case may
be], in pursuance of an act passed in the fourth year of the reign of
his Majesty King William the Fourth, for [describe the offence].
Given under my hand and seal, the day and year above mentioned.
2. Warrant to distrain for Forfeiture.

To the constable, &c.

County of

Whereas A. B., of -, in the said county, is this day convicted before me, C. D., one of her Majesty's into wit. S spectors of factories [or justices of the peace (a) in and for the said county], upon the oath of a credible witness [or upon my own view, as the case may be], for that he the said A. B. hath [here set forth the offence, describing it particularly in the words of the statute or rule, as near as can be], contrary to the statute [or rule, if the offence is against some rule or regulation, or order of an inspector], in that case made and provided, by reason whereof the said A. B. is adjudged to have forfeited the sum of £ to be distributed as hereinafter mentioned: 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 reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels by you so distrained, and out of the money arising by such sale that you do pay [according to the award of the justice], returning the overplus, on 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 me, together with this my warrant. Given under my band and seal, the day of C. D.

3. Return of Constable upon Warrant of Distress where no Effects.
I, A. B., constable 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 within named
and that I can find no
sufficient goods whereon to levy the same. As witness my hand, the

day of

-·

Sworn before me, the day and year

A. B.

(a) By sect. 45 of 7 Vict. c. 15, the conviction must be before two or more justices; but the warrant of distress may be issued by one, as well as the commitment in default.

4. Commitment for want of Distress.

in the county of

3 & 4 Will. 4,

c. 103.

in the

To the constable of -
-, and to the keeper
of the common gaol [or house of correction] at
said county.

made in the

day of

in

to

County of
Whereas A. B., of in the said county, was on the
convicted before me, C. D., Esquire,
to wit. S
one of her Majesty's justices of the peace in and for
the said county [or inspector of factories, as the case may be], upon
the oath of a credible witness [or upon my own view, as the case may
be], for that he [here set forth the offence], contrary to the statute
year of the reign of his Majesty King William the
Fourth, for [according to the title of the act, or contrary to a certain
rule or order or regulation of her Majesty's inspectors of factories];
and the said A. B., by reason thereof, hath been adjudged to forfeit
and pay the sum of -: And whereas on the day of
the year aforesaid, I did issue my warrant to the constable of
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 as in my said warrant
was mentioned: And whereas it duly appears to me, upon the oath of
the said constable, that he hath used his best endeavours to levy the
said sum on the goods and chattels of the said A. B., but that no suf-
ficient distress can be had whereon to levy the same: These are there-
fore to command you, the said constable of aforesaid, to apprehend
A. B., and him safely to convey to the common gaol [or house of
correction] at in the said county, and there deliver him to the
keeper thereof, together with this precept; and I do also command
you, the said keeper, to receive and keep in your custody the said
A. B. for the space of, unless the said sum shall be sooner paid,
pursuant to the said conviction and warrant; and for so doing this
shall be your sufficient warrant. Given under my hand and seal, the
day of

C. D.

II. FORMS IN THE SCHEDULE TO 7 VICT. c. 15.

5. Summons to be issued by an Inspector or Sub-Inspector against a Person who has committed an Offence.

To the constable of

County of

day of

Whereas it appeareth to me, I. F., one of her [or borough Majesty's inspectors [or sub-inspector] of factories, of -]. that A. D., of in the county [or borough, &c.] of, hath offended against the act made in the year of her Majesty's reign, intituled [here set forth the title of this act (b)], forasmuch as he the said A. D., on the in the year of our Lord at in the county [or borough, &c.] of [here set forth the substance of the charge]: These, therefore, are to require you forthwith to summon the said A. D. to appear before such two or more of her Majesty's justices of the peace acting in and for the county [or borough, &c.] of who shall be present at -, in the county or borough, &c.] of on the day of

did

at the

hour of in the noon of the same day, to answer to the said charge, and to be further dealt with according to law. And be you then there to certify what you have done in the premises.

Herein fail

(b) "An Act to amend the Laws relating to Labour in Factories."

7 Vict. c. 15.

7 Vict. c. 15. not. Given under my hand, this day of, in the year of our Lord

(Signed) I. F., Inspector [or Sub-Inspector].

6. Summons of a Witness to be issued by an Inspector, or Sub

To the constable of
County of
[or borough

of

of -].

Inspector.

day of

year of her

Whereas it appeareth to me, I. F., one of her Majesty's inspectors [or sub-inspector] of factories, that A. D., of in the county [or borough, &c.] hath offended against the act made in the Majesty's reign, intituled [here set forth the title of this act (a), forasmuch as the said A. D., on the in the year of our Lord at, in the county [or borough, &c.] of ——, did [here set forth the substance of the charge], and that B. P. of, in the county [or borough, &c.] of is a material witness to be examined concerning the said charge: These, therefore, are to require you forthwith to summon the said B. P. to appear before such two or more of her Majesty's justices of the peace acting in and for the county [or borough, &c.] of as shall be present at -, in the county [or borough, &c.] of on the

in the

day of

at the hour of

noon of the same day, to testify his knowledge concerning the premises. And be you then there to certify what you have done in the premises. Herein fail not. Given under my hand, this day of in the year of our Lord

County of

(Signed) I. F., Inspector [or Sub-Inspector].

[liberty or borough

and

7. Conviction.

day of

Be it remembered, that on the in the year one thousand eight hundred [as the case may be]. A. B. [describe the offender] is convicted before us, I. P. and K. Q., two of her Majesty's justices of the peace for the county [liberty or borough, as the case may be] of -in pursuance of an act passed in the year of the reign of Queen Victoria, intituled [here insert the title of this act (a)], for that he [describe the offence.]

Given under our hands and seals, the day and year above written.

1. Form of Conviction given in Sched. (L.) to 52 Geo. 3, c. 93,

rule 15.

day of
A. B., of

in the year of our

Be it remembered, that on the

at

in the

· of

was duly con

victed by me [or us] of [here state the offence], and adjudged to pay
the sum of for his said offence.
Given under the hands and seals, or hand and seal of
- being
commissioners acting in the execution of the acts relating to assessed
taxes for the district of, or, , being a justice of the peace for
and a commissioner acting in the execution of the acts relating
to assessed taxes for the district of

N.B. As this miserable form contains no adjudication of the mode of recovery of the penalty and the imprisonment in default,

(a) "An Act to amend the Laws relating to Labour in Factories."