페이지 이미지
PDF
ePub

by him as aforesaid, to be applied and distributed according to law; and we do also adjudge that the said C. D. hath also forfeited for his said offence the further sum of 40s. to be distributed according to law; and we do also further adjudge that the said C. D. do forthwith pay to the said A. B. the sum of 20s. for his costs in and about the premises. In witness whereof we have, to this record of conviction, set our hands and seals at aforesaid, in the county aforesaid, this — day in the year of our Lord 1817.

of

W. S.
S. P.

COSTS.

Justices may award costs out of sessions to or against any party complaining; if such costs are not paid, the same may be levied by distress; and if no distress, may commit to hard labour for not exceeding one month, nor less than ten days, or till the costs are paid. 18 Geo. III. c. 19, s. 1. provided the penalty does not amount to £5. But where the penalty shall amount to or exceed £5. the costs to be deducted from the penalty, so that the deduction shall not exceed one fifth of the penalty. s. 5.-Justices in sessions may, from time to time, regulate the costs to be allowed to any person by virtue of this act. s. 9.

The warrant of distress for costs must be issued by the same justice or justices who determined the complaint and awarded the costs.

Award of Costs, under 18 Geo. III. c. 19.

to wit. I W. S. one of His Majesty's justices of the peace in and for the county aforesaid, in pursuance of an act made in the 18th year of His Majesty King George the Third,

intituled "An Act for the Payment of Costs to Parties on Complaint determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of Larceny, or other Felony;" on the complaint of [state the name of the party, and the offence generally, which said complaint was heard and determined by me, on the day of, do award the following costs to be paid by A. B. viz. [here state the costs]. Given under my hand and seal, &c.

Warrant of Distress and Sale.

W. S.

To the Constable of, and to all other His Majesty's Constables in and for the said

to wit. Whereas I W. S. one of His Majesty's justices of the peace in and for the county aforesaid, in pursuance of an act made in the 18th year of His Majesty King George the Third, intituled "An Act for the Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny or other Felony;" have awarded on the day of, on the complaint of A. B. against C. D. for [state as the case is], the following costs to be paid by C. D. viz. the sum of

And whereas the said C. D. being ordered by me the said justice to pay such sum as aforesaid, hath not paid down or given security for the same, to the satisfaction of me the said justice; These are, therefore, to command you and each and every of you, to levy the said sum of by distress and sale of the goods and chattels of the said C. D. And I do hereby order and direct the goods and chattels so to be distrained, to be sold and disposed of within days, unless the said sum of for which such distress shall be made, together with the reasonable charges of taking and keeping such distress, shall be sooner paid; and you are hereby also commanded to certify unto me what you shall have done by virtue of this my warrant. Given under my hand and seal at the day of

in the year of our Lord 1817.

Constable's Return for want of Distress, to be indorsed.

to wit. I G. H. constable of, do hereby certify to W. S. Esq. justice of the peace in and for the county aforesaid, that I have made diligent search for, but do not know of, nor can find, any goods and chattels of C. D. by distress and sale whereof I may levy the sum of pursuant to his warrant 1817.

for that purpose dated the
my hand this

Given under

our Lord 1817.

day of

day of, in the

year of

Commitment thereon.

To the Constable of

and also to the Keeper of the in the said

House of Correction at

to wit. Whereas in pursuance of an act made in the 18th year of His Majesty King George the Third, intituled "An Act for the Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny or other Felony; I W. S. one of His Majesty's justices of the peace in and for the said county, did issue my warrant of distress and sale, directed to the constable of the said of stable to levy the sum of ordering the said con-, by distress and sale of the goods and chattels of C. D. in manner and form as therein is mentioned.

day of

And whereas it appears to me by the return of the said constable, dated the diligent search, but doth not know of, nor can find, any goods last, that he hath made and chattels of the said C. D. by distress and sale whereof the said sum of may be levied, pursuant to the said warrant.

These are, therefore, to command you the said constable of

to apprehend the said C. D. and convey him to the said house of correction, and to deliver him there to the said keeper of the said house of correction; And these are also to command you the said keeper of the said house of correction, to receive the said C. D. into the said house of correction, and there to keep him to hard labour for the space of from the date

hereof, or until such sum, together with the expenses attending his commitment to the house of correction, be first paid, or until he be discharged by due course of law. Given under my hand and seal at

in the year of our Lord 1817.

the

day of

W. S.

Order on Overseers [if in Middlesex], or Treasurer of the County [if in any other county], to reimburse Expenses of conveying a Prisoner to Gaol, by act 27 Geo. II. c. 3, s. 1.

To the Treasurer of the county of
of the Poor of the parish or place of
Middlesex.

[or to the Overseers

-], in the county of

to wit. Whereas application has been this day made to me, one of His Majesty's justices of the peace in and for the said county, by A. B. one of the constables of the parish of

in the said county, to allow the reasonable expenses of his conveying C, D. to the common gaol at in the county aforesaid, who was by me committed to the said gaol, for [state the crime].

And it having been duly made appear to me, the said justice, that the said C. D. hath not money nor goods within the said county, sufficient to bear the charges of himself, and those who conveyed him to the said gaol; and I having, upon oath, 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 which I hereby order and require you, the treasurer of the said county [or overseers], forthwith to pay to the said A. B.

Given under my hand and seal this year of our Lord 1817.

day of, in the

W. S.

COTTON AND WOOLLEN MILLS.

By 42 Geo. III. c. 73, justices for every riding, division, or place in which any cotton or other mill or factory is situated, shall at the Midsummer sessions appoint two persons not connected with such

mills, as visitors thereof, one of whom shall be a justice of the peace, and the other a clergyman; such visitors to inspect the same and report in writing to the sessions the state and condition of such mills and factories; justices may divide such county into districts, appoint two visitors to each. s. 9. any person opposing or obstructing such visitors, to forfeit not more than £10. nor less than £5. s. 11. Every master or mistress of such mill or factory offending against this act, to forfeit for such offence (unless otherwise directed) not more than £5. nor less than 40s. at the discretion of the justice before whom offender shall be convicted; half the penalty to the informer and half to the poor: such information to be laid within one calendar month after offence committed. s. 13.

All offences under this act for which any penalty is imposed, may be heard and determined by two justices acting for the place where offence committed, and all penalties and costs of conviction may be levied by distress, on conviction or confession on oath of one witness; in default of distress, offender may be committed to the common gaol or house of correction for any time not exceeding two calendar months, unless penalty sooner paid; but no warrant of distress to issue until six days after conviction, and until an order shall be made on such offender for payment. No conviction to be removed by certiorari. s. 15.

« 이전계속 »