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30. Forms.

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Act" [state the title of this act, ante, 544), is liable to pay to of
the sum of , and also the sum of i and the said having refused
or neglected to pay the same for the space of two days and upwards subsequent
to the making such award, these are therefore to command you to levy the said
sum of by distress and sale of the goods and chattels of the said
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 also hereby commanded
to certify to me what you shall do by virtue of this my warrant. Given under my
hand and seal, at

the day of

i and

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1, constable of do hereby certify to justice of the peace (33.) Constable's for that I have made diligent search for, but do not know of, nor can find return to warrant any goods and chattels of by distress and sale whereof I may levy the sum of distress, on of pursuant to his warrant for that purpose. Dated the

day of 5 Geo. 4, c. 96, in the year of our Lord Given under my hand, this day of S.

8. 24 (a). in the year of our Lord

1

house of correc.

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on the

County of To the Constable of and also to the Keeper of the House of (34.) Commitment Correction at

thereupon to Whereas of under an award made by

day

tion (6) of in the year of our lord pursuant to an act passed in the fifth year of the reign of his late majesty, king George the Fourth, intituled An Act" [state the title of this act, ante, 544), became liable to pay to

the sum of , and also the sum of for costs, time, and expenses, making together the sum of ; and, having refused or neglected to pay the same for the space of (two days and upwards) subsequent to the making of such award, my warrant was, according to the provisions of the said act, duly made and issued for the levying the said sum of by distress and sale of the goods and chattels of the said And whereas it appears by the return of , constable of dated the

day of that he hath made diligent search for, but doth not know of, nor can find any goods and chattels of the said by distress and sale whereof the said sum of

may be levied, pursuant to my said warrant : these are therefore to command you, the said constable of to apprehend the said and convey him to the said house of correction at aforesaid, and deliver him there to the keeper of the said house of correction ; and these are also to command you, the keeper of the said house of correction, to receive him, the said into the said house of correction, and there keep him without bail or mainprize for the space of

months, unless the said sum of , 80 ordered to be paid, as aforesaid, shall be sooner satisfied, with all reasonable erpenses. Given under my hand and seal, at the day of in the year of our Lord

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where warrant of distress is

, of

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County of 1 To the Constable of and also to the Keeper of the House of (35.) Commitment

Correction at Whereas

under an award made by day of in the year of our Lord , pursuant to an act passed in the withheld, on fifth year of the reign of his late majesty, king George the Fourth, intituled 5 Geo. 4, c. 96,

8. 25 (6) An Act" [state the title of this act, ante, 550), became liable to pay to the sum of

and also the sum of for costs, time, and expenses, making together the sum of which he has refused or neglected to pay for the space of (two days and upwards) subsequent to the making of such award; and whereas it appears to me, that the recovery of such sum and war. rant of distress and sale of the goods and chattels of the said will be attended with consequences ruinous, or in an especial manner injurious, to the defaulter (" and his family," if any); and I have, therefore, determined to withhold such warrant, and to commit the said to prison, pursuant to the said aet. These are therefore to command you, the said constable of to apprehend the said and convey him to the said house of correction at

aforesaid, and deliver him there to the keeper of the said house of

(a) Ante, p. 550.

(6) Ante, p. 550. The act gives this form.

30. Porms. correction ; and these are also to command you, the keeper of the said house of

-correction, to receive him, the said into the said house of correction, and theré keep him without bail or main prize for the space of months, unless the said sum of so ordered to be paid, as aforesaid, shall be sooner satisfied, with all reasonable expenses. Given under my hand and seal, at

the day of

(39.) Conviction Be it remembered, that on the day of

, in the year of his op 6 Geo. 4, c. 129 majesty's reign, and in the year of our Lord A. B. is conricted before us (a).

(naming the justices), tuo of his majesty's justices of the peace for the county (or, riding, division, city, lilerty, town, or place] of of haring (stating the offence), contrary to the act made in the sixth year of the reign of king George the Fourth, intituled An Act” (here set forth the title of this act, ante, 551); and we, the said justices, do hereby order and adjudge the said A. B.,

for the said offence, to be committed to and confined in the common gaol for the said county (or, “ riding, division, city, liberty, town, or place"), for the space of (or, "to be committed to the house of correction at , within the said county, or, " riding," division, city, liberty, town, or place"], [there to be kept to hard labour for the space of

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

on this

(37.) Commitment Whereas C. D. hath been duly summoned to appear and gire evidence before on like act (6). us [naming the justices who issued the summons], two of his majesty's justices of the peace for the county (or, riding, division, city, liberty, town, or place") of

day of at being the time and place appointed for hearing and determining the complaint made by , (the informer or prosecutor], before us, against A. B., of having [stating the offence as laid in the information), contrary to the act made in the sixth year of the reign of king George the Fourih, intituled An Act" [here insert the title of this act, ante, 551] ; and whereas the said C. D. hath not appeared before us at the time and place aforesaid, specified for that purpose, or offered any reasonable excuse for his (or, her] default (or, and whereas the said C. D. having appeared before us at the time and place aforesaid, specified for that purpose, hath not submitted to be eramined as a witness, and give his [or, her] evidence before us, touching the matter of the said complaint, but hath refused so to do] ; therefore we, the said justices, do hereby, in pursuance of the said statute, commit the said C. D. to the [describing the prison), there to remain without bail or mainprize, for his [or, her) contempt aforesaid, for three calendar months, or until he [or, she] shall submit himself [or, herself ] to be examined, and gire his sor, her] evidence before us, touching the matter of the said complaint, or shall otherwise be discharged by due course of law. And you, the [constable, or other peace officer or officers to whom the warrant is directed], are hereby authorized and required to take into your custody the body of the said C. D., and him (or, her] safely to convey to the said prison, and him (or, her] there to deliver to the gaoler or keeper thereof, who is hereby authorized and required to receive into his custody the body of the said C.D., and him (or, her) safely to detain and keep, pursuant to this commitment. Given under our hands, this day of , in the year of our Lord

['This commitment to be directed to the proper peace-officer, and the gaoler or keeper of the prison. )

(38.) Information

Be it remembered, that on the day of in the year of our for personating to wit.

Lord , at, &c., N. 0., of, fc., a credible witness in this bemaster, and giving half, personally cometh before us, J. P. and K. L., two of his majesty's justices false character of

of the peace in and for the said [county), and on his oath informeth us, that

heretofore, to wit, on, &'c., at, &c., one E. F. having offered himself to be hired 32 Geo. 3, c. 56, as a servant into the service of the said N. O., C. D., of

in the said s. 1(c).

county, (labourer,] did then and there falsely personate one G. H., the late (master) of the said E. F., and did then and there personally (or, in writing]

a servant, on

(a) See ante, p. 551, &c. The act (c) Ante, p. 565. See Forms, Arch. gives this form.

Forms of Com. and Conv. 298. The (6) See ante, p. 550. The act gives statute gives the formal parts of the conthis forin.

viction.

30. Forms.

give the said N. O. a false and counterfeited character of the said E. F., con. trary to the form of the statute in such case made and provided. Whereby, &c.

[as usual, to the end. See the 32 Geo. III. c. 56, s. 1, ante, 565. Penalty, 207.; half to the informer and half to the poor of the parish. Id. s. 6.]

The statute s. 9 gives the formal parts of the conviction. See it, ante, 566.

Conviction.

Commence as in preceding Form.-State the offence thus: That C. D., of, &c., on, (39.) Information c., at, &c., did knowingly and wilfully pretend and falsely assert to the said N.O., for falsely assertin writing, that one E. F. had been hired and retained by him, the said C. D. as ing that a servant a (servant); whereas, in truth and in fact, the said E. F. was never so hired or was in a particular retained by the said C. D. as a [servant] [or, that one E. F. had been hired and service, &c., on retained by him, the said C. D., as a (servant), and had served him, the said 32 Geo. 3, c. 56, C. D., for the space of years ; whereas in truth and in fact, the said E. F. s. 2(a). had been retained by and had served the said C. D. as such [servant), as afore. said, for the space of [one year and two months) only; [or, that one E. F. had been hired and retained by the said C. D. in the situation and capacity of a (footman), and had served him, the said C. D., as a [footman), as aforesaid ; whereas, in truth and in fact, the said E. F. never was hired or retained by the said C. D. in the situation or capacity of a [.footman], or served him, the said C. D., as a (footman), but was hired and retained by, and served the said C. D. in the capacity of a slabourer) only ; contrary to the form of the statute in such case made and provided. Whereby, 8c. [Conclude as usual.]

The statute prescribes the formal parts of the conviction ; see ante, 566.

Commence as in Form, No. 38. State the offence thus : That C. D., of, &c., on, (40.) Information &c., at, &c., did knowingly and wilfully pretend, and falsely did assert [in for falsely assertwriting), that one E. F., formerly a (servant] of the said C. D., was discharged ing that the ser. by the said C. D., and had left his service on, gc., whereas, in truth and in vant was disfact, the said E. F. was discharged by, and had left the service of, the said C. D. charged, or that on, fc. (or, that one E. F. had not been hired or employed in any previous ser. he had not been vice ; whereas, in truth and in fact, the said C. D. then well knew that the said hired in a preE. F. had previously been hired and employed in the service of one G. H.; and vious service, on

32 Geo. 3, c. 56, whereas, in truth and in fact, the said E. F. had previously been so hired and employed in the service of the said G. H.] ; contrary to the form of the statute in such case made and provided. Whereby, fc. [Conclude as usual.]

The statute gives the formal parts of the conviction ; see ante, 566.

s. 3.

Commence as in Form, No.38. State the offence thus: That C.D., of, fc., on, gc., (41.) Information at, &c., did offer himself as a servant to the said N. O.; he, the said Ĉ. D., then against a servant and there asserting and pretending to the said N. 0. that he had served in the offering himself service of one G. H. ; whereas, in truth and in fact, he had never actually with a false certiserved in the service of the said G. H. [or, with a false, forged, and counterfeited ficate of characcertificate of character, purporting to be the certificate of one G. H., and stating ter, on 32 Geo. 3, that, &c.; whereas, in truth and in fact, the same was not the certificate of the c. 56, s. 4. said G. H. ; and whereas, in truth and in fact, 8c.); contrary to the form of the statute in such case made and provided. Whereby, go. [Conclude as usual.]

The statute gives the formal parts of the conviction; see ante, 566.

Sessions of the Peace. THE

“ Session of the Peace" is used to designate a sitting of justices Session of the for the execution of those purposes which are confided to them by their com- peace, what. mission, and by several acts of parliament. Of these sessions there are four Four kinds. kinds—petit, special, quarter, and general sessions: the first of which is a

term

(a) Ante, p. 565. The statute gives the formal parts of the conviction.

General aud quarter sessions.

Sessions of the mere private meeting of justices, on their own motion; and the second an Peace.

assembly summoned for a particular purpose,-as, licensing alehouses, or appointing the overseers of a parish, or the like.

Under this head, we are to treat only of the latter, which are similar in every respect, except as to the time of holding. Petit and special sessions will be noticed in another place, post,“ Sessions, Petit and Special,” p. 622.

A general sessions of the peace is a court of record, holden before two or more justices, whereof one is of the quorum, for execution of the authority given them by the commission of the peace, and certain statutes and acts of parliament. (Dalt. c. 185 ; Cro. Cir. C. 13.)

It is a meeting of justices for the execution of their general authority. (Lamb. 379.)

The sessions cannot be held without the presence of two justices. (1 Bla. Com. 354, n.) And so strict is this law, that if there be not enough justices to hold a sessions, they cannot adjourn it to hold same legally. (R. v. Westrington, 2 Bott. 733.)

The king may grant a commission of the peace for a county, and under such commission the jurisdiction of the justices named in it will extend over the whole of such county; or he may grant it for any particular district or portion of a county, exclusive of the jurisdiction of the justices of the county at large; or he may by charter give the power of acting as justices to certain officers in towns corporate, cities, and other places. In the latter cases, however, the justices of the county at large in which such district, town corporate, city, or other place, shall happen to be situate, can only be prohibited from interfering by special words in the commission or charter of the inferior jurisdiction, called technically “a non intromittant clause." (R. v. Sainsbury, 4 T.R. 456; et vide title “ Justices,” Vol. III.

p. 554 to 558.) Difference be- According to Mr. Lambard, general and quarter sessions are synonymous tween general

terms; for he makes no distinction between them. This, however, is erroquarter and spe

neous : for it seems that quarter sessions are a species only of the general cial sessions.

sessions, and that such sessions only are properly called general quarter sessions, which are holden in the four quarters of the year, in pursuance of the 2 Hen. V.; and that any other sessions, holden at any other time for the general execution of the justices' authority, which by the said statute they are authorized to hold oftener than at the times therein specified, if need be, may properly be called general sessions, and those bolden on a special occasion, for the execution of some particular branch of their autho

rity, may properly be called special sessions. (2 Haw. c. 8, s. 47.) Central Criminal

As to the Central Criminal Court and its jurisdiction and other matters relative thereto, and how far it takes away the jurisdiction of the sessions in London, Westminster, Middlesex, Essex, Kent, and Surrey, see “Central Criminal Court,” Vol. I. post, 610. Herein of, 1. The Time and Place of Holding the Sessions, p. 683 to 587.

(36 Edw. III. c. 12; 12 Ric. II. c. 10; 2 Hen. V. st. 1, c. 4;

14 Hen. VI. c. 4; 1 & 2 Geo. IV. c. 63; 1 Wil. IV. c. 70; 4 & 5

Wil. IV. c. 47; 4 & 5 Wil. IV. c. 36; 5 & 6 Wil. IV. c. 76.]
II. The Mode of Convening, fc., and who must attend. Suitors, Wit-

nesses, Attorneys, &c., p. 587 to 590.
III. The Mode of Proceeding at Sessions, p. 591.

[5 Geo. II, c. 19; 22 Geo. II. c. 46; 59 Geo. III. c. 28; 6 & 7

Wil. IV.]
1. In General, p. 591 to 594.
2. In Trials for Offences, p. 594 to 601.
3. In Trials of Traverses, p. 601.
4. In Hearing of Appeals, sce" appeals," Vol. I.

Court.

IV. The Jurisdiction, Power, and Duties of the Sessions, p. 602 to 619. 1. T'ime and (18 Edw. III. st. 2, c. 2; 34 Edw. III. c. 1; 8 & 9 Wil. III. c. 30;

Place of Hold-
15 Geo. II. c. 24; 38 Geo. III. c. 52; 51 Geo. III. a 100; ing the Ses-
60 Geo. III. & 1 Geo. IV. c. 14.]

sions.
1. In what Matters, p. 602 to 614.
2. Their Judgments, p. 614 to 617.
3. Special Cases, p. 617.

4. Costs, see “ Costs," Vol. I.
V. Adjournment of, p. 619.
VI. Fees, Estreats, and Costs, p. 620.

[12 Ric. II. c. 10; 14 Ric. II. c. 11.]
VII. Forms, p. 621.

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1. Time and Place of Kolding the Sessions. Time of Holding.) -By the 36 Edw. III. c. 12, it is ordered, that the How many sesjustices shall hold their sessions four times in the year, viz. one session sions shall be kept, within the Utus of the Epiphany, the second within the second week of Midlent, the third betwixi the feasts of Pentecost and of St. John Baptist, the fourth within eight days of St. Michael.

But by the 12 Ric. II. c. 10, the justices shall keep their sessions in every quarter of the year at least; and by three days, if need be: on pain of being punished according to the discretion of the king's council, at the suit of every man that will complain.

This statute did not specify the periods; but in Henry the Fifth's reign At what periods, an act was passed for that purpose, 2 Hen. V. st. 1, c. 4, which directs, " that the justices of the peace in every shire named of the quorum be resiant within the same shire, except lords named in the commission of the peace; and also except justices of the one bench and of the other, the chief baron of the Exchequer, serjeants at the law, and the king's attorney for the time that the same justices, chief baron, serjeants at the law, and the king's attorney, be intending, and occupied in the king's courts, or otherwise in some other place occupied in the king's service; and make their sessions four times by the year, that is to say, in the first week after the feast of St. Michael, (now directed by 54 Geo. III, infra, to be in the first week after the 11th October, except in London and Middlesex,] and in the first week after the Epiphany, and in the first week after the clause of Easter, and in the first week after the translation of St. Thomas the Martyr, and more often, if need be; and that the same justices hold their sessions throughout the realm of England, in the same weeks every year from henceforth.”

The strict regular exposition of this statute of 2 Hen. V. is, that if the feast-day fall upon a Sunday, the sessions shall be held in the week following, and not the same week. (2 Hale, 49.)

The holding of the Michaelmas quarter sessions was afterwards altered Michaelmas sesand regulated by the 54 Geo. III. c. 84, which, after reciting, “ whereas sions, 54 Geo. 3, the time now appointed for holding the quarter sessions for the Michaelmas c. 84. quarter might be altered, so as to render the attendance at the same more generally convenient than it is at present,” enacts," that from and after the passing of this act, the quarter sessions for the Michaelmas quarter sball in every year be holden, for every county, riding, division, city, borough, and place, within England and Wales, and for Berwick-upon-Tweed, in the first week after the 11th day of October, instead of at the time now appointed for holding the same; and that all acts, matters, and things done, performed, and transacted at the time appointed by this act, for holding the said Michaelmas quarter sessions, shall be as valid and binding to all intents and purposes as if the same had been done, performed, and transacted at the time heretofore appointed for the holding of such sessions, notwithstanding any former act or acts to the contrary."

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