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CAP. XLVI. (Amended HG00: 4.0.

An Act for the more speedy Return and Levying of Fines,
Penalties and Forfeitures, and Recognizances estreated.

[24th June 1822.]

WHEREAS an Act was passed in the Twenty second and 22 & 23 C.2.

Twenty third Years of His late Majesty King Charles the c.22. 'Second, intituled An Act for the better and more certain Recovery

of Fines and Forfeitures due to His Majesty, which Act was 'made perpetual by an Act passed in the Fourth and Fifth Years 4&5 W. & M. of the Reign of Their late Majesties William and Mary, intituled c.24. An Act for reviving, continuing and explaining several Laws 'therein mentioned, which are expired and near expiring: And 'Whereas an Act was passed in the Forty first Year of His late 41 G.3. c.85. 'Majesty George the Third, intituled An Act for better Payment

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of Fines and Forfeitures imposed by Justices out of Sessions in

England: And Whereas great Delays occur in the Return of Fines, Issues, Amerciaments, forfeited Recognizances, Sum and 'Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, by or before any Justices of the Peace, or at any 'General or Quarter Sessions of the Peace in that Part of the 'United Kingdom called England: And Whereas such Delays im'pede the due Administration of Justice as well as the Recovery of the Fines and Forfeitures due to the Crown thereupon, and it is therefore expedient that further Provision should be made for 'the speedy and regular Return of all such Fines, Issues, Amerciaments, forfeited Recognizances and Sum or Sums of Money 'paid or to be paid in lieu or satisfaction of them or any of them:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Twenty ninth Day of September One thousand eight hundred and twenty two, so much So much of of the aforesaid Act passed in the Twenty second and Twenty 22&23 Car.2. third Years of the Reign of His late Majesty King Charles the Second, as relates to Fines, Issues and Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them imposed and adjudged at any Quarter Sessions of the Peace; and also that such Part of the aforesaid Act of Their late Majesties William and Mary, as makes per- 4&5 W. & M. petual the aforesaid Provisions contained in the said Act passed in c.24. § 4. the Twenty second and Twenty third Year of the Reign of His late Majesty King Charles the Second; and likewise so much of the

c.22.

as relates to Fines, &c.

said Act passed in the Forty first Year of the Reign of His late 41 G.3. c.85. Majesty King George the Third, as relates to the annual Payment U. K. §1. of all Fines, Forfeitures and Penalties, or such Parts thereof as shall be due to the King, imposed and received by any Justice out of Sessions, and not made payable to any Body or Bodies Corporate, or any Commissioners of any Public Board, or any other Person or Persons, into the Hands of the Sheriff previous to the Michaelmas Sessions; and also so much of the said Act of the Forty first Year of the Reign of His said late Majesty King George the Third, as requires such Justices, previous to the Michaelmas Sessions yearly,

to

Repealed.

Statements of

certified to Clerk of the

Peace by the Justice by whom such Fine, &c. is imposed.

Clerk of the

Peace to copy

to transmit to the Clerk of the Peace or Town Clerk where such Fine was imposed an Account in Writing of all such Fines, shall be and are hereby repealed.

II. And be it further enacted, That from and after the Twenty Fines, &c. to be ninth Day of September One thousand eight hundred and twenty two, all Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them (save and except the same shall, by virtue of any Act or Acts of Parliament made or to be made, be otherwise directed to be levied, recovered, appropriated or disposed of), which already are or hereafter shall be set, imposed, lost or forfeited by or before any Justice or Justices of the Peace in that Part of the United Kingdom called England, shall be and are hereby required to be certified by the Justice or Justices of the Peace by or before whom any such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, shall be set, imposed, lost or forfeited, to the Clerk of the Peace of the County, or Town Clerk of the City, Borough or Place, in Writing, containing the Names and Residences, Trade, Profession or Calling of the Parties, the Amount of the Sum forfeited by each respectively, and the Cause of each Forfeiture, signed by such Justice or Justices of the Peace, on or before the ensuing General or Quarter Sessions of such County, City, Borough or Place respectively; and such Clerk of the Peace or Town Clerk shall copy on a Roll such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, together with all Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them imposed or forfeited at such Court of General or Quarter Sessions, and shall, within such Time as shall be fixed and determined by such Court, not exceeding Twenty one Days after the Adjournment of such Court, send a Copy of such Roll, with a Writ of Distringas and Capias or Fieri facias and Capias according to the Form and Effect in the Schedule marked (A.) annexed to this Act, to the Sheriff of such County, or the Sheriff, Bailiff or Officer of such City, Borough or Place having Execution of Process therein respectively, as the case may be, which shall be the Authority to such Sheriff of such County, or the Sheriff, Bailiff or Officer, as the case may be, for Sheriff, &c. may proceeding to the immediate levying and recovering of such Fines, proceed thereon. Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money to be paid in lieu or satisfaction of them or any of them, on the Goods and Chattels of such several Persons, or for taking into Custody the Bodies of such Persons, in case sufficient Goods and Chattels shall not be found whereon Distress can be made for Recovery thereof; and every Person so taken shall be lodged in the Common Gaol until the next General or Quarter Sessions of the Peace, there to abide the Judgment of the said Court.

on a Roll such
Fines, &c.
at Quarter Ses-

sions, and send
a Copy of such
Roll, with Writ
of Distringas,
&c. to the
Sheriff, &c.
according to
Form in

Schedule (A.)

Clerk of the Peace or Town Clerk to make Oath as to all Fines, &c. inserted in the Roll and paid.

III. And be it further enacted, That the Clerk of the Peace or Town Clerk shall, before he shall deliver the Roll to such Sheriff, Bailiff or Officer, containing the Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money paid or to be paid in lieu or satisfaction of them or any of them, and is hereby required to make Oath before any Justice of the Peace for the County,

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Riding, City, Borough or Place for which such Clerk of the Peace or Town Clerk shall act; which Oath shall be indorsed on the Back of the Writ, or of the said Roll attached thereto, such Clerk of the Peace or Town Clerk stating therein all such Fines, Issues, Amerciaments, forfeited Recognizances, Sum or Sums of Money, which shall have been paid or otherwise accounted for; and such Oath shall be made in the Form following:

:I

Ι

make Oath, That this Roll is truly Form of Oath. and carefully made up and examined, and that all Fines, Issues, Amerciaments, Recognizances and Forfeitures, which were set, 'lost, imposed or forfeited, and in right and due Course of Law ought to be levied and paid, are, to the best of my Knowledge ' and Understanding, inserted in the said Roll, and that in the said ' Roll are also contained and expressed, all such Fines as have been 'paid to, or received by me, either in Court or otherwise, without any wilful or fraudulent Discharge, Omission, Misnomer or Defect 'whatever. So help me GOD.'

IV. And be it further enacted, That each and every Justice of Notice to Surethe Peace before whom any Recognizance shall be entered into or ties according taken, shall and is hereby required to give, or cause to be given, to Form in Schedule (B.) at the Time of entering into such Recognizance, to the Person or Persons, Surety or Sureties so entering into the same, and to each of them, a written or printed Paper or Notice, in the Form or to the Effect stated in the Schedule marked (B.) to this Act annexed, adapting the same to the particular Circumstances of the Case; and each and every such Justice shall in such Recognizance state and What Recognizparticularly specify not only the Profession, Art, Mystery or Trade ance to spe of every Person so entering into such Recognizance, together with cify. their Christian Name and Names and Surnames, but also the Parish, Township or Place of his or her Residence; and in case such Residence shall be in any City, Town or Borough, shall also state and particularly specify the Name of the Street and Number of the House (if any) in which such Person shall reside, and also whether Owner or Tenant thereof, or Lodger therein.

Appeal to
Quarter Ses-
sions against
Fines, &c.
Security.

V. Provided always, and be it enacted, That if any Person on whose Goods and Chattels such Sheriff, Bailiff or Officer shall be authorized to levy any such forfeited Recognizance, or Sum of Money to be paid in lieu or satisfaction thereof, shall give Security to the said Sheriff, Bailiff or Officer for his Appearance at the next General or Quarter Sessions, then and there to abide the Decision of the Court, and also to pay such forfeited Recognizance or Sum of Money to be paid in lieu or satisfaction thereof, together with all such Expences as shall be ordered and adjudged by the Court, it shall be lawful for such Sheriff, Bailiff or Officer, and he is hereby authorized and required, to discharge such Person so giving such Security out of Custody: Provided also, that in case such Proviso for Party so giving Security shall not appear in pursuance of his Un- Non Appeardertaking, it shall be lawful for the Court forthwith to issue a Writ ance. of Distringas and Capias, or Fieri facias and Capias, against the Surety or Sureties of the Person so bound as aforesaid.

VI. And be it further enacted, That the Court of General or Quarter SesQuarter Sessions before whom any Person so committed to Gaol sions to deteror bound to appear shall be brought, is hereby authorized and mine such

required Appeals.

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