under penalty of £50. 35 Geo. III. c. 55, s. 9.The receiver to discharge the duty, under the penalty of £10. 43 Geo. III. c. 126, S. 5. m.ti All penalties may be sued for by action, or a neighbouring justice may hear any offence subjecting the party to pecuniary penalties, who may, if the complaint is laid within three months, summon the offender and witnesses; and on confession or oath of one witness, may hear and determine the same and levy the penalty by distress; if the goods are not redeemed within six days, they may be sold: half the penalty to the King, and half to the informer; in default of distress, the offender may be committed for two calendar months, unless the penalty is sooner paid. 31 Geo. III. c. 25, s. 24, 25-35 Geo. III. c. 55, s. 12, 13. Appeal allowed to the next sessions, on giving security to the amount of the penalty and costs.-Justices may mitigate penalties not less than one half with costs. s. 14.-Witnesses not attending summons forfeit 40s. to be recovered in like manner. RECOGNIZANCE Is an obligation of record entered into before some magistrate duly authorized, with, condition to appear at the sessions or assizes, or to keep the peace, &c. Justices of the peace are authorized by particular statutes to take recognizances, but those taken for the peace or good behaviour, are rather A A A incident to their office, than by any other authority. If a person refuse to give recognizance, he may be committed. Dalt. c. 168. but justices are not authorized to take recognizances in any matter not connected with their office.. The form of a recognizance must be as follows; it must be made to the King; it must contain the names, places of residence, with additions of the principals and sureties, and the penalty in which they are bound. The condition (upon the performance of which the recognizance is void) is either underwritten or indorsed, and the manner of taking it is by calling the parties by name, thus You A. B. acknowledge to owe to our Sovereign Lord the King the sum of, and you C. D. acknowledge, &c. to be levied of your goods and chattels for the use of our said Lord the King, his heirs and successors; if default shall be made in the condition following, that is to say, if you the said A. B. shall make default in appearing, &c. The parties need not sign it, and the record, which is afterwards made out on parchment, must be subscribed by the justice before whom it is taken. Dalt. c. 176.-It is a matter of record as soon as taken and acknowledged, although not made up by the justice, and only entered in his book. Ibid. c. 168. Recognizances taken for the peace must be certified to the next sessions, that the party may be called, and if they do not appear they will be estreated, but in felony they are to be certified to the general gaol delivery. 1 and 2 P. and M. c. 13. By 4 Geo. III. c. 10, the Barons of the Exchequer may discharge on affidavit and petition, the recognizances of persons estreated, except for debts due to the crown, other than by the recog nizance prayed to be discharged; and also except in cases of defrauding the revenue, by contraband trade, or assaulting an excise or custom-house officer in the execution of his duty. No more than 1. 1s. to be taken for an order of discharge, Recognizance with Sureties. to wit. Be it remembered that on the day of in the 57th year of the reign of our Sovereign Lord George III. by the grace of God of the United Kingdom of Great-Britain and Ireland King, Defender of the Faith, &c. A. B. of: - in the said county of in the mason, and C. D. of in the said county, yeoman, and E. F. of said county, smith, personally came before me S. P. Esq. one of the justices of our said Lord the King, assigned to keep the peace in and for the said county, and severally acknowledged themselves to owe to our said Lord the King, that is to say, the said A. B. the sum of £, and the said C, D. and E. F. each the sum of separately, of good and lawful money of Great-Britain, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of our said Lord the King, his heirs and successors, if the said A. B. shall make default in the condition hereunder written, [or hereon indorsed, as the case is]. £ Acknowledged the day and year above written, before me, S. P. THE CONDITION of the above [or within] written recogni zance is such, that if the above bound A. B. do and shall then the said recognizance to be void, or otherwise remain in full force. A A A 2 ་་་་་ Form of a Recognizance without Sureties. to wit. Be it remembered that on the -day of in the 57th year of the reign of our Sovereign Lord George III. by the grace of God of the United Kingdom of Great-Britain and Ireland King, Defender of the Faith, A. B. of in the said county of labourer, personally came before me S. P. Esq. one of the justices of our said Lord the King assigned to keep the peace in and for the said county, and acknowledged, himself to owe to our said Lord the King of good and lawful money of Great-Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lord the King, his heirs and successors, if he the said A. B. shall make default in the condition hereunder written. [or hereon indorsed.]** Acknowledged the day and years. above written, before me, THE CONDITION of the above [or within] written recognizance is such, that if the above bound A. B. do and shallthen the above recognizance to be void, or otherwise remain in full force. ་ ། ་ཆ་ D Recognizance to enter and try Appeal against the Conviction of a Justice. to wit. Be it remembered &c. [as in the preceding form.] THE CONDITION of the above obligation is such, that if the above bounden A. B. do and shall at the next general quarter sessions of the peace to be holden in and for the said county, enter and try his appeal (whereof he hath given notice) against a conviction bearing date the day of last, under the hands and seals of J. C. and S. P. Esquires, two of His Majesty's justices of the peace in and for the said county, of him the said A. B. for having [state the offence], and do and shall abide the order of, and pay such costs as shall be awarded by His Majesty's justices of the peace at such quarter sessions, then this recognizance to be void. Taken &c. before me, S. P.. Petition to the Barons of the Exchequer to discharge an estreated Recognizance. To the Right Hon. Sir Alexander Thompson, Knight, Lord Chief Baron of His Majesty's Court of Exchequer at Westminster, and the rest of the Barons there. county of The humble Petition of A. B. of in the Sheweth, That your petitioner on the day of last, together with C. D. of &c. became bound in a recognizance to His present Majesty in the sum of £ conditioned for the personal appearance of the said C. D. at the then next general quarter sessions of the peace to be held at in and for the said county, to answer to a bill of indictment to be then and there preferred against him for an assault on E. F. of &c. That the said C. D. instead of appearing at the said sessions according to the condition of the said recognizance hath absconded and hath not since been heard of. That default having been made in the performance of the condition of the said recognizance by the non appearance of the said C. D. at the said quarter sessions, the same became forfeited and hath been estreated into this honourable Court. That your petitioner is poor and indigent, and much reduced in his circumstances since he entered into the said recognizance, and receives parochial relief from, as appears by the affidavit hereto annexed. Your petitioner therefore humbly prays your Lordships will be pleased to order your petitioner's said recognizance to be discharged without a quietus. And your petitioner shall ever pray &c. A A A 3 |
