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, 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 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. Clerk to the said court [or "keeper of the above gaol" or "house of correction."] 77. Register of Convictions and Orders under 11 & 12 Vict. c. 43 (g). (g) This is intended as an improvement upon the statutory form, No. 76 (supra (T), so as to show more clearly all the particulars required to be shown by sect. 31 of 11 & 12 Vict. c. 43; if kept in a book, it would answer the twofold purpose of a "minute book, or register of convictions and orders," as a ready reference to previous convictions of offenders, and a preparatory form for the monthly return (No. 76) to the justices. (h) A number should be indorsed upon the information or complaint, or the documents in each case, in the order they are adjudicated upon. (i) As the clerk would only receive the full amount adjudged to be paid, and within the time limited, nothing less than the total fine or sum and costs would be entered here. 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.] 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 Whereas [c., as in the warrants of distress, No. 53, ante, p. 48, or : Vide s. 27. |