chattels of the said A. B., but that no sufficient distress whereon to levy the sums above mentioned could be found: These are therefore, &c. [conclude as in form No. 58, (N. 5), ante, p. 51.]

72. Liberate or Discharge of a Defendant from Gaol on Oke's Syn. Payment of Amount for which he was committed, &c. (Not 2d ed. p. 55. in Jervis's Act.)

To the keeper of the [house of correction] at in the to wit. said [county] of

These are to command you, in her Majesty's name, forthwith to discharge out of your custody one A. B., of &c., if detained for no other cause than what is mentioned in the warrant of commitment dated the day of -, upon which he was taken and committed to your said custody, the sums of money therein mentioned having been duly paid.

at

Given under my hand and seal, this

in the [county] of

aforesaid.

day of A.D. 1856,
J. S. (L. s.)

3. Enforcing Costs on Dismissal of Information or Complaint. [The forms applicable hereto are Nos. 31, ante, p. 34, to No. 38, ante, p. 37.]

(3 Jac. 1, c. 10,

4. Enforcing Costs of Conveyance to Gaol. 73. Distress Warrant on Offender's Goods. s. 1.) (Not in Jervis's Act.) To the constable of the parish of in the [county] of

,

to wit. S
Whereas, by warrant under the hand and seal of me, J. S. Esquire,
one [or "us, J. S. and F. G., Esquires, two"] of her Majesty's justices
of the peace for the said [county] of, bearing date the day
of last, A. B., of &c., was committed to the [house of correction]
at ——, in the said [county] of for [here state the offence as in
the commitment], he, the said A. B., having means or ability to bear
his own reasonable charges for so conveying or sending him to the said
[house of correction], and the charges of those appointed to guard him
thither and whereas M. N., constable of the parish of
- in the
[county] of aforesaid, who in obedience to such warrant conveyed
the said A. B. to the said [house of correction], hath made oath before
me [us] the said justice, that the said A. B. refused at the time of his
commitment and sending to the said [house of correction] to defray the
said charges of conveying him as aforesaid, and did not then pay nor
hath since paid the same, which said charges amount to the sum of
These are therefore to command you, in her Majesty's name,
forthwith to make distress of such and so much of the goods and chat-
tels of the said A. B. as shall satisfy and pay the said sum of --,
being the charges aforesaid, the appraisement to be made by four of the
honest inhabitants of the parish where such goods and chattels shall be ;
and I [we] do hereby order and direct the goods and chattels so to be
distrained to be sold and disposed of at the expiration of four days from

together

the time of taking such distress, unless the said sum of with the reasonable charges of taking and keeping such distress, shall be sooner paid, returning the overplus, if any, on demand, to the said A. B.; and if no sufficient distress can be found, then that you certity the same unto me [us], to the end that such further proceedings may be had thereon as to the law doth appertain. Given under my hand and seal, this in the year of our Lord J. S. (L. S.)

County of

day of at in the [county] aforesaid.

74. Gaoler's Receipt for a Defendant. (Not in Jervis's Act.) I hereby certify, that I have this day received from M. N., the constable of the parish of the body of to wit. A. B., together with a warrant under the hand and seal of J. S. Esquire, one of her Majesty's justices of the peace for the [county] of -; and that the said A. B. was sober at the time he was so delivered into my custody. Dated this

o'clock.

day of

C. O. Keeper of the common gaol at To Messrs. I. & B., Clerks to the justices of the N. division.

1856,

75. Committing-Justices Order on the County Treasurer for Constable's Expenses of conveying a Defendant to Gaol (27 Geo. 2, c. 3, s. 1), with Variation where amount included in the Commitment under Jervis's Act (11 & 12 Vict. c. 43), and not paid. (Not in Jervis's Act.)

To Thomas Hall Fisher, Esq., treasurer of the said [county] of

County of

Whereas application hath been this day made to me, the undersigned, one of her Majesty's justices of the peace in to wit. and for the [county] aforesaid, by M. N., one of the constables of the parish of -, in the same [county] of to allow of the reasonable expenses of his conveying A. B. to the common gaol at [Chesterton], in and for the said [county], who was by me committed to the said gaol on the day of from N. [14 miles] for [state the offence shortly]; and [it having been duly made appear to me, the said justice, that the said A. B. hath not money nor goods within the said [county] sufficient to bear the charges of hself and those who conveyed h to the said gaol, and] I, having examined into the expenses thereof, and made due inquiry into the premises, do hereby ascertain and allow the reasonable expenses thereof at the sum of pound, shillings and pence, which I hereby order and require you, the treasurer of the said [county], forthwith to pay to the said M. N. [the said sum of having been inserted in the warrant of commitment for the offence aforesaid, and the said A. B. having been imprisoned for the full term therein ordered, without paying the amount thereof (ƒ)]. Given under my hand and seal this day ofin the year of our Lord 1856. J. S. (L.S.)

N.B. Indorse on the back the constable's receipt for the amount.

(f) When this last paragraph between brackets is to remain, omit the previous portion between brackets.

SECT. 8. OF APPEAL, &C.

78. Notice of Appeal against a Conviction or Order. (Not in Jervis's Act.)

To C. D. of &c., and [the names and additions of the parties to whom the notice of appeal is required to be given.]

Take notice, that I the undersigned A. B., of &c., do intend to enter and prosecute an appeal at the next general quarter sessions of the peace to be holden at -, in and for the [county] of -, against a certain conviction [or "order"] bearing date on or about the

of

-day

instant, and made by [you] J. S., Esquire, [one] of her Majesty's justices of the peace for the said [county] of [or "for the counties of Cambridge and Suffolk, being next adjoining counties"], whereby I the said A. B. was convicted of having [or "was ordered to pay"], as therein and thereby is alleged [here state the offence as in the conviction, information or summons; or the amount adjudged to be paid, as in the order, as correctly as possible; or if the conviction be not already drawn up, "for having committed such offence as in the said conviction when drawn up shall or may appear"]: And further, take notice that the grounds of my appeal are, first, that I am not guilty of the said offence; secondly, that the formal conviction drawn up and returned to the sessions is not in law sufficient to support the said conviction of me the said A. B. [together with any other grounds, care being taken that all are stated, as the appellant will be precluded from going into any other than those stated.]

Dated this

day of

A. B.

MEM. If this notice be given by several defendants, or by an attorney, it can easily be adapted.

79. Recognizance to try the Appeal, &c. (Not in Jervis's Act.)

of -9

[Proceed as in the form of recognizance, No. 13, ante, p. 28 (E), stating the condition thus:] The condition of the within-written recognizance is such, that if the said A. B. shall, at the next general quarter sessions of the peace to be holden at —, in and for the said [county] enter and prosecute an appeal against a certain conviction bearing date the day of instant, and made by me the said justice, whereby he the said A. B. was convicted, for that he the said A. B. did, on the day of at the parish of in the said [county] of [here set out the offence as stated in the conviction]; and further, that if the said A. B. shall abide by and duly perform the order of the court to be made upon the trial of such appeal, then the said recognizance to be void, or else to remain in full force and virtue.

80. Notice of such Recognizance to be given to the Defendant (Appellant) and his Surety. (Not in Jervis's Act.)

Take notice, that you, A. B., are bound in the sum of pounds, and you, L. M. [and N. O.], in the sum of [each], that you the said A. B., at the next general quarter sessions of the peace to be holden at in and for the said [county] of enter and prosecute an appeal against a conviction dated the instant,

day of

whereby you, A. B., were convicted of [stating offence shortly], and abide by and perform the order of the court to be made upon the trial of such appeal; and unless you prosecute such appeal accordingly, the recognizance entered into by you will forthwith be levied on you.

Dated this

day of

81. Certificate of Clerk of the Peace that the Costs of an Appeal are not paid (R).

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 day of- 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. Dated the day of 1856.

Vide s. 27.

[Signature.]
[Deputy] clerk of the peace.

82. Warrant of Distress for Costs of an Appeal against a Conviction or Order (S. 1).

To the constable of and to all other peace officers in the said
[county] of

Whereas [c., as in the warrants of distress, No. 53, ante, p. 48, or
No. 65, ante, p. 56, 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 deter-
mined, at the last general quarter sessions of the peace for the said
county holden at
, and the said court of general quarter
sessions thereupon ordered that the said conviction [or "order" should
be confirmed for "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 day of, one
thousand eight hundred and forty-nine, 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 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 [A. B.], and if within the space of

:

Vide s. 27.