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Law library · Sierra Leone · THE CRIMINAL PROCEDURE ACTS, 1965

Second Schedule, THE CRIMINAL PROCEDURE ACTS, 1965

RepealedTHE CRIMINAL PROCEDURE ACTS, 1965, Sierra Leone

Warrant of Remitting Court. Section. FORM No. 1 In the …………………..Court………………….at……………………. To…………………………………..(Officer) WHEREAS………………………..(name of accused) of……….(Address) was brought before me at………. ..on the………………day of……………………………. ……………………19………charged with the offence of……………………………… (statement of offence) committed at…………….…………………………in the district of………………………………........ Now these are to command you to convey the said …………………………… to……………………………. and to produce him before the…………………………… (Magistrate) at……………………there to be dealt with according to law. Dated this ………………day of………………19………… ……………………….. Signature Recognisance to pay costs. FORM No. 2 IN THE SUPREME COURT OF SIERRA LEONE WHEREAS application has been made to His Lordship………………………under section 43 of the Criminal Procedure Act, 1965, by me………………………..… (named of accused) a person accused of the offence of ………………………………… AND WHEREAS it has been further ordered that I, the said ……………………(accused), shall enter into a bond with ……………………………………………… surety ………………………………………that I shall, if convicted, pay the costs of the prosecution: Now I ………………………….(name of accused), of ………………………….of ………………………….……………….(address) hereby bind himself that I will, in the event of my being convicted of the said offence, or of any other offence, upon the charge now pending or any charge substituted therefore, pay the costs of my prosecution as certified by …………………………………………………… Dated this……………day of ……………………….19………. Signature Summons to an accused person. Form No. 3 In the…………………………………Court To…………………………………(name of Accused) of………………………………… (address). WHEREAS your attendance is necessary to answer to a charge of………………………………………… (Statement of Offence): you are hereby required to appear in person before the …………………………. Court at…………………………….at……………………m, on the ………………….day of………………………………19…………………………………… Herein fail not. Dated this……………………………day of……………………………..19……. ………………………… Summons to accused person under special procedure in FORM No.3A In……………………………..Court To………………………of…………….. (name of accused) (address) WHEREAS your attendance (subject to what is stated below) Is necessary to answer to a charge of……………………. (statement of offence) Unless you choose to inform the Court in writing before the date fixed for hearing that you plead guilty to the charge you are hereby required to appear in person or by legal practitioner before the Court……………………..at…………………… M, on the………………..day of……………….19……….. If you plead guilty in writing or are represented by a legal practitioner you need not attend the hearing unless you are subsequently required to do so by the Court Dated this………………………day of………………….19………….. ………………………… I plead guilty to the above written charge ………………………….. Note: Your non-appearance in Court will have no effect on the Sentence to be passed if you are convicted. This form must be used when as offence with which the defendant is charged is punished only by a fine. Or by imprisonment not exceeding three months (whether with or without a fine), it may also be used on the direction of a Magistrate in respect if any offence other than a felony. Warrant of Arrest. FORM No. 4 In the ………………………………………Court at ……………………………. To…………………………………………………..(name and designation of person or persons who is or are to execute the warrant). Whereas……………………………….….(name of accused) of………………Address stands charged with the offence of………………………(Statement of offence) You are hereby commanded to arrest the said………………………………..and to produce him before me. DATED this …………………………….day of……………………….19……… (This warrant may been endorsed as follows) If the said…………………………….shall enter into a recognisance himself in the sum of ……………………………., with…………………………..surety…………… (each) in the sum of……………………………to attend before me at……………………. …………………m on the……………………….……day of ……………….19…., and to continue so to attend otherwise directed by me, he may be released. DATED this ……………………….day of………………………19……………. Order to bring up a prisoner. FORM No. 5 In the………………………Court at…………………. To the keeper of the Prison at…………………. WHEREAS……………….(name of prison) a prisoner now in your custody is required to appear before me to answer a charge of………..(statement of offence): Now these are to command you to produce the said prisoner before me at ………………at………………monitoring on the……………. Day of…………….19………, and to insure his further attendance from time to time until the said charge shall have disposed of. ………………………. Affidavit of Service. FORM No. 6. Affidavit of Service of Summons out of the Jurisdiction. I, ………………….(name and designation), make oath and say as follows:- At or about……………m. in the…………….noon of the…………day of…………………19………, I personally served upon…………..(name of person summoned) by………….(state method of service) a summons issued by………………(issuing Court) in the matter of………. (prosecutor) versus ………………….(accused) wherein the said accused is charged with…………..(set out charge as described summons). ………………………. Sworn before me at………….this………….day of……………19…………. …………………………. Search Warrant. FORM No. 7 In the………………..Court at……………. To……………….(name and designation of person or persons who is or are to execute the warrant). WHEREAS information has been given to me upon oath of the commission or suspected or intended commission of the offence of………….. (statement of offence) and it has been made to appear to me that there is reasonable cause to suspect that…………..(specify the animal, matter or thing clearly) or some of them are concealed in……………at………………………. Now these are to authorise you with such assistance as you may quire to search all persons found therein and it found to produce such…….. (animal, matter or thing) forthwith before this Court together with this warrant. And I hereby authorise you to enter by force into the……………. (Place to be searched) if you are not admitted after making known your authority and demanding admission. And I hereby direct you to arrest the occupier of the said………. (place to be searched) if any such ………..……(animal, matter or thing) be found. DATED this………………….day of…………………….19………….. *(I authorise the execution of this warrant at any time.) (Signature). * Strike out when Magistrate or Justice of the Peace does not think fit so to authorise or direct Nolle Prosequi. FORM No. 8 To……………………………(Registrar or Court Clerk) of the ………………….. Court at …………………………………(Place). Whereas………………………….(name of accused) of………………………… (address) has been committed for trial by the……………………..Court of………………………… stands charged before the on a charge of ……………………………………………………...(statement of offence). With the offence. Now these are to authorise and require you to enter on the record a statement that the proceedings are stayed by my direction. DATED this……………………..day of………………………………19………. Attorney-General Order to recover damages, etc. Section 58. FORM No. 11 In the………………………….Court at………………………………………… To……………………………..…..………(he bailiff or other person concerned) Whereas in the matter of a charge of………………..………………..preferred at the instance of……………………………(prosecutor) against…………………………… (accused) (defendant) it was ordered………………….……………… (set out the order made). Now these are to authorise and require you to recover the said sum of …………………………………..as though the same were a judgment debt in the above mentioned Court. DATED this……………………….day of………………………….19…………. Notice of intention to take deposition. FORM No. 12 In the………………………….Court at………………………………………….. To……………………………………….(name) of……………………………...(address). WHEREAS……………….(name) is lying ill/hurt at…………………(address) and is not likely to recover, and whereas it appears to me that the said………………………………………is able and willing to give material information relating to the offence of………………………….(statement of offence) alleged to have been committed upon/ in regard to…………………. Now, therefore, take notice that I propose to take in writing and upon oath or affirmation the statement of the said ..……………………………………………………... At…………………………………(place) at……………………m On the…………………………….day of……………………………………………...next You should be present at the said time and place in order to hear the said statement made *(and to cross-examine the deponent upon it). DATED this……………………….day of…………………………..19………… *In case of notice to the prosecutor these words should be struck out. Order to produce A prisoner to hear A deposition taken. FORM No. 13 In the……………………………………Court at……………………………… To………………….……(keeper of Prison or constable) at……………. (place). WHEREAS…………………(name) is now lying ill/hurt at………...…(address) and is not expected to recover: And whereas it is expedient that…………………….……..(name), a prisoner now in your custody, should be present in order to hear the statement which I propose to take from the said……………………………… Now these are to command you to produce the said prisoner at………………………….(place) at………………..m. on…………….the………….day of…………………..next there to continue until the said statement shall have been taken and recorded. DATED this…………………………day of………………………..19…………. Recognisance to look after a lunatic. FORM No. 14 In the………………………….Court at………………………………………….. WHEREAS…………....………………(name of accused) did appear before the …………………………………..(Magistrate or Judge) at………………………………to take his trial on attend a preliminary investigation into a charge of………………………..: And whereas the said……………………..(Magistrate or Judge) has reason to believe that the said………………………(name of accused) is of unsound mind and is incapable of making his defence and has postponed further proceedings in the matter: Now I hereby declare myself surety. Now we hereby jointly and severally declare ourselves sureties that the said…………………………….shall be property taken care of and prevented from doing injury to himself or any other person or property, and for his appearance when required before the Court or before such officer as the Court may appoint in that behalf. And in case of my/our making default herein I bind myself/we bind ourselves to forfeit to Her Majesty the Queen the sum of………………………………………………. DATED this ……………………………day of …………………….19………… Order for commitment of criminal lunatic pending report to Minister. FORM No. 15 In the…………………………….Court at……………………………………….. To the keeper of the prison at…………………………………………………….. WHEREAS……………………………………..(name of criminal lunatic) being charged before the …………………………………Court with the offence of…….................. was this day by special finding found to be not guilty by reason of insanity: Now these are to authorise you to received the said…………………………… into your custody and safely to keep him until further order in his behalf. DATED this……………………………day of……………………..19…………. Minister's Order for confinement of a criminal lunatic. FORM No. 16 WHEREAS…………...……………………….(name of accused), being charged before the………………………………..Court at………………………………...with the offence of………………………...………………….was by special finding the said Court to be not guilty of the act or omission charged by reason of insanity: Now, therefore, I…………………………………….the Minister responsible for Social Welfare, do hereby order the said………………………………………………….. of ………………………………. to be confined in the mental hospital/prison at………………………………………………as a criminal lunatic until further order. DATED this………………………..day of …………………….19…………….. (Minister) Certificate of superintendent of mental hospital. FORM No. 17 CERTIFICATE UNDER SECTION && OF THE CRIMINAL PROCEDURE ACT, 1965 I………………………………(name) of……………….…………..(address), the Medical Superintendent of the Mental Hospital at………………………………………… hereby certify that ……………………………...(name of accused) against whom a charge of ………………………… is pending before the Court at…………………………. is in my opinion capable of making his defence to the said charge. DATED this………………………..day of…………………………….19……… Recognisance to take trial. FORM No. 18 In the……………………………….Court at…………………………………….. I, …………………………………..(name of accused) being brought before the ……………………………….(Magistrate) at ……………………………..charged with …………………………………………..(statement of offence), do hereby bind myself to attend in the……..…………………………Court at………………………………...on the said charge and to continue so to attend until otherwise directed by the said Court: and in case of my making default herein I bind myself to forfeit to Her Majesty the Queen the sum of…………………………………… DATED this………………………………day of………………………….19….. I hereby declare myself surety/We hereby jointly and severally declare ourselves sureties for the abovenamed………………..of…………………that he will attend in the ………………………………..Court at………………on the …………………………day of………………………………next to answer to the abovenamed charged and will continue so to attend until otherwise directed by the said Court: and in case of his making of default herein I bind myself/we bind ourselves to forfeit to Her Majesty the Queen the sum of…………………………………………… DATED this………………………………day of………………………….19….. Recognizance to attend investigation and take trial if committed. FORM No. 19 In the……………………………………Court at………………………………... I, ………………………………………(name of accused) of…………………… (address), being brought before the………………………………………………………...(Magistrate) at……………………… charged with the Offence of………………………………………………and required to give security for my attendance in his Court and at the Supreme Court, if required, do bind myself to attend at the Court of the said ……………………………(Magistrate) on everyday of the preliminary investigation into the said charge and, should the case be sent for trial by the Supreme Court, to be and appear before the said Court when called upon to answer the charge against me and to continue so to appear until otherwise ordered by the said Court: and in case of my making default herein I bind myself to forfeit to Her Majesty the Queen the sum of……………………………………………………………... DATED this………………………………….day of…………………..19……… …………..……………………… I hereby declare myself surety. We hereby jointly and severally declare ourselves sureties for the said ………………………………(name of accused) that he will attend the ……………………………………..Court on every day of the preliminary investigation into the offence charged against him, and should the case be sent for trial by the Supreme Court, that he will be and appear before the said Court when called upon to answer the charge against him and will continue so to answer otherwise ordered by the said Court and in case of his making default herein I bind myself/we bind ourselves to forfeit to Her Majesty the Queen the sum of…………… DATED this………………………………….day of…………………..19……… …………..……………………… Form No. 20 RECOGNISANCE BOOK KEPT AT THE POLICE STATION (OR LOCKUP) AT Date Time of Arrest Name and Address of Recognisor Charge (1) Conditions of Recognisance Name and Address of Sureties (2) Conditions of Bail Date and Time Laid Before Magistrate (3) Order of Magistrate (1) State time and place at which accused (recognisor) is to appear before the Magistrate and the sum in which he is bound followed by his mark or signature. (2) State amount in which each surety is separately bound, followed by his signature or mark. (3) Order for enlargement of bail, cancellation of bail, transfer to a bond, etc. Remand Warrant. FORM No. 21 In the……………………………Court of………………………………..……. To………………………………….(keeper of Prison or constable) at…………………………… WHEREAS……………………………………….(name of accused) has the day appeared before me charged with the offence of………………………….and I consider it advisable to adjourn the examination into the said charge: Now these are to command you to receive the said……………… into your custody and safely to keep him and produce him before me at…………………….at……………….m, or the…………………………………... day of …………………………………19…………….and hereafter from time to time as may be notified to you by endorsements on this warrant. Proceedings under sections 120 and 121. FORM No. 22 Proceedings in a Preliminary Investigation when Case for the Prosecution is closed. The following is read by the Magistrate and explained to the accused. The charge/charges against you is/are …………………..(here set out charge or charges. Having heard the evidence do you wish to say anything in answer to the charge (or charges)? You are not obliged to say anything unless you desire to do so but whatever you say will be taken down in writing and may be given in evidence upon your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt. But that whatever you shall now say may be given in evidence notwithstanding such promise or threat. (Here record statement of accused. If too long for this space continue overleaf). Q. Having heard you statement read do you wish to explain or add to it? A. The statement of the accused as herein/hereafter recorded was taken in my presence and hearing and contains accurately the whole statement made by him. He was called upon to sign it or to append his mark which he did/refused to do. (Magistrate) Q. Do you wish to call any witness? *A. …………………………(if names are given record them). I order that the accused be committed for trial upon indictment before the Supreme Court at………………………………………and I further order that the accused be admitted to bail/committed to prison. DATED this………………………day of………………….19……….. *If the accused states that he does not wish his witnesses examined by the Magistrate but desires them to be bound over to appear before the Supreme Court, this must be stated, but on no account should a Magistrate suggest or encourage this, but should record the evidence unless the accused does not wish it. Recognisances On committal to take trial. FORM No. 23 In the………………………………..Court at…………………………………… I, ……………………………………………(name of accused) of………………………... Court on a charge of………………………………………………………..….and required To give security to take my trial before the said …………………………………………… Court, do hereby bind myself to be and appear before the said……………………………. Court at ……………………………………when call upon to answer the charge against me and to continue so to appear until otherwise ordered by the said Court: and in case of my making default therein I bind myself to forfeit to Her Majesty the Queen the sum of ………………………………………….. I hereby declare my self surety/we hereby jointly and severally declare ourselves sureties said ……………………………………(name of accused) that he will be and appear before the said …………………………….Court when called upon to answer the charge against him and will continue so to appear until otherwise ordered by the said Court: and in case of my making default herein I bind myself to forfeit to Her Majesty the Queen the sum of …………………………………. Warrant on commitment for trial. FORM No. 24 In the………………………………………..Court at……………………………. WHEREAS at a preliminary investigation held by me into a charge of………….preferred against ……………………………………..(name of accused) I committed the said……………………………………..(name of accused) for trial by the Supreme Court Upon the said charge and did not admit him to Bail: Now these are to command you to receive the said………………………………(name of accused) into your custody, and safely to keep him until the sittings of the Supreme Court to be held at …………………………………….(place) on the ………………………………….day of…………………………….….19…………for the trial of accused persons, and to produce him before the said Court then and there to be tried. Recognisance to prosecute or give evidence. FORM No. 25 In the ………………………………Court at…………………………………….. I, …………………………………(name) of ……………………………………(address), do hereby bind myself to attend the Supreme Court at……………………………………. (place of sitting) at ……………………monitoring, on the ……………..day of………….. next and then and there to prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of……………against………………………….…… (name of accused) and in case of making default herein I bind myself to forfeit to her Majesty the Queen the sum of………………………………… Notice to prosecutor and witnesses entering into recognisance. FORM No. 26 In the ……………………………….Court at……………………………………. To……………………………..(name of prosecutor or witness) of……………...……….(address) Take notice that you are bound in the sum of…………………..leones to appear at the ………………………..sessions of the Supreme Court to be holden at……………... and unless you personally make your appearance accordingly that sum will be forfeit and levied on your goods and chattels, or your body taken in execution. Warrant of Commitment On refusal to Enter into a Recognisance. FORM No. 27 In the…………………………………Court at………………………………… To…………………………………(keeper of Prison or constable). WHEREAS………………….(name) of………………….(address) was called Upon to enter into a recognisance to prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of ……………………………to be preferred against…………………………at the sittings of the ………………………Court to be holden at…………………….on…………….the day……………of…….19…………. AND whereas the said…………………..when so called upon did refuse to Enter into such recognisance: Now these are to command you to receive into your custody the said……………and safely to deep him until after the said trial, unless he sooner enters into such recognisance or unless by an order of this Court or of the Supreme Court are commanded sooner to release him. Dated this………………..day of………………………. ………………………. Order to release a person committed for refusing to enter into a recognisance. FORM No. 28 In the……………………………………..Court at………………………………. To…………………………..(keeper of Prison or constable). WHEREAS by a warrant dated…………………………a certain……………….(name) of ……………………………(address) was committed to your custody there to abide until after the trial of………………………………..……………………..before the Supreme Court on a charge of……………………………………………………………... Now these are to command you release and set at liberty the said……………………………….. DATED this………………………….day of………………………….19………. Certificate of failure to perform recognisance and warrant thereon. FORM No. 29 CERTIFICATE AND WARRANT UNDER SECTION 129, CRIMINAL PROCEDURE ACT, 1965. To the Sheriff………………………………………….……. I, ……………………………………….(Judge of the Supreme Court or other designation) hereby certify that the condition of the recognisance entered into by……………………..and set out on the obverse hereof has not been complied with. You are hereby directed to cause to be served upon the said …………………………..the order and notice required b section 129 of the Criminal Procedure Act, 1965: And you are further directed that if the said sum shall not have been paid to you within six days of the service of such order and notice, you shall proceed to recover the same by distress and sale of the goods and chattels of the said………………………and in default of the amount being so recovered you shall lodge the said …………………….. in the prison at……………………………….there to be kept safely for a period of……………………….days, and for so doing this shall be sufficient warrant and authority to all concerned. DATED at……………………..this …………..day of………………19………... Order and notice on failure to regard recognisance. FORM No. 30 In the………………………………..…Court at…………………………………. To…………………………………..(name) of…………………………………...(address) WHEREAS on the……………………..day of …………………………19……., you as principal party/surety entered into a recognisance conditioned as follows--- And whereas the condition of the said recognisance has not been performed: Now these are to order you to pay the sum of…………………………………. the amount of such recognisance wherein you were bound, and further to give you notice that if within six days of the date of service of this order and notice upon you, you fail to pay the said sum the same may be recovered in manner prescribed by distress and sale of your goods and chattels, and in default of the amount being so recovered you may be imprisoned for a period up to ………………………………………………………...days. Warrant for absconding recognisance. FORM No. 31 In the …………………………………………………….Court at………………. To ……………………………………………..(person or persons who is or are to execute the warrant). WHEREAS………………………………..of………………………....has bound himself by recognisance to prosecute (or to prosecute and give evidence or to give evidence) in the matter of a charge of……………………………against ……………… And whereas it has been made to appear to me be information upon oath that the said ……………….. is about to go out to Sierra Leone: Now these are to command you to arrest the said……………………………… And to bring him before me. Warrant of committal of absconding recognisor. FORM No. 32 In the……………………………………….Court at…………………………… WHEREAS ……………………………………….of…………………………… has bound himself by recognisance to prosecute (or to prosecute and give evidence) in the matter of a charge of……………… against…………………………... And whereas it has been made to appear to me by information upon oath that the said ……………………………………….was about to go out of Sierra Leone, and he has been arrested under a warrant issued by me to prevent him so doing: Now these are to command you to receive into your custody the said……………………………….. and safely to keep him until the trial of the said………………………………………and to produce him upon the day of such trial before the Supreme Court unless in the meantime you receive other directions as to his disposal. Certificate of Service of Notice of trial. FORM No. 33 Certificate required by section 141, Criminal Procedure Act 1965. I, ………………………………………………...……(Sheriff or Deputy Sheriff) hereby certify that have/caused to be served upon……………………………….(name of accused) a copy of the indictment in the matter of the charge against him with the notice of trial, and that the nature and exigency thereof was explained to him by…………………………………………and that this service was effected …………….. (personally or in what manner accomplished) at ……………………….(time) on……….. the………………………………..day of……………………………………19…………... DATED this……………………………day of……………………19….. Certificate of Conviction of Murder. FORM No. 34 CERTIFICATE UNDER SECTION 124, CRIMINAL PROCEDURE ACT, 1965 THIS IS TO CERTIFY that at a session of the Supreme Court held before Mr. Justice…………………… at……………………………………… on the………………………..day of……….…………………. 19…… ……… ……………………..(name of prisoner) was duly convicted of murder and sentenced to suffer death. This is to authorize and require all persons to whom the said……………………shall be delivered to receive the said…………………………………………into their custody together with this certificate, and him safely to keep until further order in his behalf. Order of Governor- General to carry out sentence of death. FORM No. 35 (Public Seal) Governor. TO THE SHERIFF OF THE………………………………………………Sierra Leone GREETINGS: WHEREAS by a judgment of the Supreme Court bearing date the………………day of……………… 19……………..(name of prisoner) was convicted of murder and was thereupon by the said Court sentenced to suffer death: NOW, THEREFORE, these are to command you privately to carry the said sentence into execution by causing the said………………………………………………..to suffer death by being hanged by the neck until he is dead at…………………………m on ……………………………. the…………………………….day of……….19……….., and within the precincts of the prison at………………………….and thereafter to cause the dead body of the said…………………………… .to be buried in the…………………. (cemetery) at…………………..(place and for so doing these shall be your sufficient authority: and there upon without delay return you this order to me endorsed with what you have done therein. Issued under my hand and the Public Seal of Sierra Leone this………………… day of………………… 19………………………….. ……………………………………………… Governor-General Commutation of death sentences. FORM No. 36 (Public Seal) To all to whom these presents shall come: I,…………………………………………………..Governor-General of Sierra Leone send greeting. WHEREAS by section 70 of the Constitution it is ordained that the Governor-General may, in Her Majesty's name and on Her behalf, grant unto any offender convicted of any crime in any Court before any Judge or Magistrate within Sierra Leone a free pardon, or a pardon subject to such conditions as may at any time be lawfully thereunto annexed.: AND WHEREAS………………………(name of prisoner) was on the ……… day of………………… 19………….convicted before the …………….Court at …………………………..of murder and was thereupon by the said Court sentenced to suffer death: AND WHEREAS it is in my judgment expedient that the Queen's mercy should, on the conditions hereinafter mentioned, be extended to the said………………… NOW, THEREFORE, by virtue and in exercise of the said powers in this behalf vested in me by the Constitution, I …………………………………do hereby in Her Majesty's name and on Her behalf grant unto the said…………………………………….. Her Majesty's pardon for the offence whereof he stands so convicted as aforesaid, on condition that the said…………………………………..shall be kept imprisoned for the rest of his life/a period of years, or in such other prison as the Governor-General shall from time to time direct, and subject to the prison rules for the time being in force. Issued under my hands this…………………….day of……………….19………. Governor-General Medical certificate of death after execution. FORM No. 37 MEDICAL CERTIFICATE OF DEATH AFTER EXECUTION OF OFFENDER I,…………………………………….the Medical Officer in charge of the prison at………………………. (or as the case may be) hereby certify that I this day examined the body of……………………………..on whom judgment of death was this day executed in the said prison (or as the case may be), and that on such examination I found that the said………………….was dead. DATED this…………………………….day of……………………..19………… ……………………………………………… Declaration of execution of death sentence. FORM No. 38 DECLARATION OF EXECUTION OF JUDGMENT OF DEATH We, the undersigned hereby declare that judgment of death was this day executed on…………………… in the…………………………………………... (describe prison or place) in our presence. …………………………………… Warrant to Levy distress On defendants Goods. FORM No. 39. In the…………………………………….Court at……………………………….. To…………………………………………………….(the person charged with the levy). WHEREAS………………………………….(name of offender) was on the………………………….day of………………………19………..convicted before me of the offence of ………………………..and sentenced/ordered to pay a fine/sum/penalty of …………….. AND WHEREAS the said……………………………..has not paid the said fine/sum/penalty or any part thereof: Now these are to command you to make distress by seizure of the goods and chattels belonging to the said………………………………….which may be found within the district of…………………… and if the said sum shall not be paid forthwith/within …………………..days next after such distress/to sell the property distrained or so much thereof as shall be sufficient to satisfy the said fine/sum/penalty returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. DATED this…………………………day of……………………….19………….. Warrant of commitment pending return to warrant of distress. FORM No. 40 In the…………………………………COURT AT……………………………… To……………………………………………….(Keeper of Prison or constable). WHEREAS……………………………………..(name of offender) was on the ………………………day of…………………………..19……. convicted before me of the offence of ……………………….and sentenced/ordered to pay a fine/penalty of………………………………………………. AND WHEREAS default having been made in payment a warrant of distress has been issued, but no return has yet been made thereto: Now these are to command you to receive into your custody the said…………... and safely to keep him until the………………………..day of …………….19………….. when you shall produce him before this Court at………………………………m unless the said sum of…………………………be sooner paid, on receipt of which the said……..…………………shall be forthwith set a liberty. DATED this…………………………….day of…………………19…………… ………………………………… Commitment for want of distress. FORM No. 41 In the………………………………..…….Court at……………………………… To Keeper of the Prison at……………………………………………………….. WHEREAS by a warrant of distress dated the…………………..day of...……….…………… 19…………, it was ordered that distress be lived against the goods and chattels of…………………………………………………………………………………... (name of offender) for the sum of…………………………………………………………: AND WHEREAS it has been reported to me that there are no sufficient goods and chattels of the said…………………………………………………………………..to satisfy the said sum and the expenses of such distress: Now these are to command you to receive the said……………………into your custody together with this warrant, and him safely to keep in the said prison for the period of …………………………………unless the sum of …………………………….. (as set out at the foot hereof) be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution. DATED this…………………………..day of ………………………….19……... Details of expenses: Le Distress Expenses of distress Expenses of commitment Expenses of conveyance to prison Le Warrant of commitment of non-payment of fines. FORM No. 42 In the………………………………………..Court at…………………………… WHEREAS……………………………………….(name of offender), was on the………………………day of…………………..sentenced to pay a fine of…………….. or in default to suffer imprisonment for the period of……………………………………... AND WHEREAS the…………………………………………….has not paid the said ………………………………….fine or any part thereof: Now these are to command you to receive the said……………………………… Into your custody together with this warrant, and him safely to keep in the said prison for the said period of…………………………….unless the said fine be sooner paid, and on the receipt thereof forthwith to set him at liberty returning this warrant with an endorsement certifying the manner of its execution. DATED this…………………………day of……………………19………… ………………………………… Details of expenses: Le Distress .. .. .. Expenses of distress .. .. Expenses of commitment .. Expenses of conveyance to prison .. Le Warrant of Commitment (no alternative). FORM No. 43 In the………………………………Court at……………………………………... WHEREAS on the………………………………… day of………………19…… ………………………………………………………….(name of prisoner) was convicted before me of the offence of………………………………………….…and was sentenced to……………………… Now these are to command you to receive the said……………………………… ……………………… into your custody together with this warrant, and there to carry the aforesaid sentence into execution according to law. DATED this………………………day of……………………………19………... Passed in the House of Representatives this 5th day of October, in the year of Our Lord one thousand nine hundred and sixty-five. S.V.WRIGHT, Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. S.V.WRIGHT, Clerk of the House of Representatives. M.P. M 4/T.

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