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Summons, and V. And be it enacted, That every Summons to be issued
how served; against any Person for Nonpayment of any Sum for which he

or she is or shall be so rated or assessed as aforesaid shall be
directed to such Person, and may be in the Form (B.) in the
Schedule to this Act annexed, or in any Form to the like Effect;
and the same may be served by any Churchwarden or Overseer
of the Poor, or Surveyor of the Highways, respectively, or
Constable or other Person to whom it shall be delivered for that
Purpose, upon the Person to whom it is so directed, by deli-
vering the same to the Party personally or by leaving the same
with some Person for him or her at his or her last Place of
Abode; and the Person who shall serve the same in manner
aforesaid shall attend at the Time and Place and before the

Justices in the said Summons mentioned, to depose if necessary if not obeyed, to the Service of the said Summons; and if, upon the Day and the Justices

at the Place appointed in and by the said Summons for the
may proceed
ex parte.

Appearance of the Party so summoned, such Party shall fail to
appear accordingly in obedience to such Summons, then and in
every such Case, if it be proved upon Oath or Affirmation to
the Justices then present that such Summons was duly served
as aforesaid a reasonable Time before the Time so appointed for
his or her Appearance as aforesaid, it shall be lawful for such
Justices of the Peace in their Discretion, if they shall so think
fit, to proceed ex parte, in the same Manner to all Intents and
Purposes as if such Party had personally appeared before them

in obedience to the said Summons.
On Payment or VI. And be it enacted, That in all Cases where any Pro-
Tender of Rate ceedings have been or shall hereafter be taken to compel Pay-
and Costs Pro-
ceedings to

ment of any Sum for which any such Person is or shall be so
rated or assessed as aforesaid, if at any Time before such Person
shall be committed to and lodged in Prison for Nonpayment
thereof, or for or by reason of its being returned to such
Warrant of Distress as aforesaid that there are no Goods or
Chattels or no sufficient Goods or Chattels of such Person
whereon the same may be levied as aforesaid, such Person shall
pay or tender to the Churchwardens or Overseers of the Poor,
or any of them, or to the Surveyor of Highways respectively,
or other Person authorized to collect or receive such Rate, the
Sum so sought to be recovered, together with the Amount of
all Costs and Expenses up to that Time incurred in the Pro-
ceedings so taken to compel Payment thereof as aforesaid, then
and in every such Case the Person to whom such Sum and
Costs shall be so paid or tendered shall receive the same, and
thereupon no further Proceedings for the Recovery of the same

shall be had or taken. Costs already

VII. And be it enacted, That in all Cases where such Costs
recovered or and Expenses as aforesaid shall have been paid and received, or
proceeded for
deemed legal.

any Proceedings taken or Imprisonment had for Nonpayment
of the same, such Payment and Receipt, and such Proceedings
or Imprisonment, shall be deemed legal to all Intents and Pur-
poses, and no Action or other Proceeding shall be had or proceeded
in for or in respect of the same.

VIII. - And

1

cease.

VIII. And whereas it may be convenient, and save Expense Forms in Sche• and Litigation, if Forms to be used for the Purpose of levying dule valid. " the Sums aforesaid should be given:' Be it enacted, That the Forms in the Schedule to this Act contained, or Forms to the same or the like Effect, shall be deemed good, valid, and sufficient in Law.

IX. - And whereas it is desirable to limit the Time within Imprisonment which a Person assessed to a Church Rate may be imprisoned for Nonpay. • for Nonpayment of the same :' Be it enacted, That every Rate limited. Person now undergoing any such Imprisonment shall be discharged from such Imprisonment so soon as he or she shall have been imprisoned Three Calendar Months, or shall sooner pay the Sum or Sums with which he or she is charged; and that hereafter no Person shall be imprisoned for the Nonpayment of any Church Rate for any Time exceeding Three Calendar Months.

SCHEDULE.

to wit.

(A. 1.) Complaint of the Overseers or Surveyors against One Rate-payer. ? Be it remembered, That on the

Day of in the Year of our Lord the [Churchwardens and Overseers of the Poor, or the Surveyors of the Highways] of the Parish of

in the County of

aforesaid, by C.D., One of the said [Overseers or Surveyors], complain to the undersigned, [One] of Her Majesty's Justices of the Peace in and for the said [County] that A.B. of the said [Parish), being a Person duly rated and assessed to [the Relief of the Poor, or the Maintenance of the Highways] of the said Parish, in and by a Rate * made Day of

in the Year in the Sum of

hath not paid the same or any Part thereof, but hath refused so to do: Wherefore the said [Churchwardens and Overseers or Surveyors], by C.D. aforesaid, pray that the said A.B. may be summoned to appear before Two of Her Majesty's Justices of the Peace, to show Cause why he hath not paid and refuses to pay the said Sum.

C.D. Made and exhibited before me in the County of

1849.

E.F. Or, in and by several Rates made on in the several Sums of

on the

at

on this

Day of

and of

and on

Day

}

to wit.

of

(A. 2.)
Complaint against several Rate-payers.
Be it remembered, That on the

in the Year of our Lord the [Churchwardens and Overseers of the Poor, or the Surveyors of the Highways] of the Parish of

in the [County] of aforesaid, by C.D., One of the said Overseers or Surveyors), complain to the undersigned [One] of Her Majesty's Justices of the Peace in and for the said [County), that the several Persons whose Names are mentioned and set out in the Schedule hereunder written, being Persons duly rated and assessed to [the Relief of the Poor, or the Maintenance of the Highways] of the said Parish, in and by the Rates in the said Schedule mentioned, in certain Sums set down opposite to their respective Names in the said Schedule, have not respectively paid the said Sums or any Part thereof, but have respectively refused so to do: Wherefore the said [Churchwardens and Overseers, or Surveyors], by C.D. aforesaid, pray that said several Persons may respectively be summoned to appear before Two of Her Majesty's Justices of the Peace, to show Cause respectively why they have not paid and refuse to pay the said Sums respectively.

SCHEDULE.

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(B.) Summons upon the Complaint. To A.B. of WHEREAS Complaint hath this Day been made before the undersigned, [One] of Her Majesty's Justices of the Peace in and for the County] of

by the Churchwardens and Overseers of the Poor, or Surveyors of the Highways) of the Parish of

in the said (County], that you, being a Person duly rated and assessed to the Relief of the Poor, or the Maintenance of the Highways] of the said Parish, in and

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by a Rate made on the

Day of 1849, in the Sum of

hath not paid the same or any Part thereof, but hath refused so to do: These are therefore to command you, in Her Majesty's Name, to be and appear at

o'Clock in the Forenoon, at before such Two or more Justices of the Peace for the said [County) as may then be there, to show Cause why you have not paid and refuse to pay the same, otherwise you shall be proceeded against by default as if you had appeared, and be dealt with according to Law. Given under my Hand and Seal, this in the Year of our Lord

at in the [County] aforesaid.

E.F.

Day of

Take notice, that you have already incurred the under-mentioned Costs; viz.

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If the Amount of these Charges, together with the Rate claimed, be paid to the Overseer or Surveyor] before the Day on which the Summons is returnable, all further Proceedings will be stopped.

(C. 1.)
Warrant of Distress against One Rate-payer.
To the Overseers of the Poor for to the Surveyors of the
Highways] of the Parish of

in the [County]
of
and to the Constable of

and to all other Peace Officers in the said [County]. WHEREAS on

last past a Complaint was made before E.F., One of Her Majesty's Justices of the Peace in and for the [County] of

by the [Churchwardens and Overseers of the Poor, or Surveyors of the Highways] of the Parish of

in the said [County], that A.B., being a Person duly rated and assessed to the Relief of the Poor (or to the Maintenance of the Highways] of the said Parish in and by a Rate made on

in the Sum of had not paid the same or any Part thereof, but had refused so to do; and now at this Day, to wit, on

at the Parties aforesaid appear before us, the undersigned, Two of Her Majesty's Justices of the Peace in and for the said County for the said Churchwardens and Overseers, or Surveyors, by C.D., One of the said Overseers, or Surveyors, appear before

No. 10. Price 2.7

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us, the undersigned, Two of Her Majesty's Justices of the Peace in and for the said County ; but the said A.B., although duly called, doth not appear by himself, his Counsel or Attorney, and it is now satisfactorily proved to us on Oath that the said A.B. has been duly served with the Summons in this Behalf, which required him to be and appear here at this Day before such Two or more Justices of the Peace as should now be here to answer the said Complaint, and to be further dealt with according to Law]; and now, having heard the Matter of the said Complaint, and it being now duly proved to us upon Oath [in the Presence and Hearing of the said A.B.], that an Assessment for the [Relief of the Poor, or the Maintenance of the Highways] of the said Parish of

and for other Pur. poses chargeable thereon according to Law, dated the was duly made, allowed, and published, and that the said A.B. is therein and thereby assessed at the Sum of aforesaid, * and that the said Sum hath been duly demanded of the said A.B., but that he hath not paid, and hath refused and still refuses to pay the same; and the said A.B. now not showing to us any sufficient Cause for not paying the same, These are therefore to command you, in Her Majesty's Name, forthwith to make Distress of the Goods and Chattels of the said A.B.; and if within the Space of [Five] Days after the making of such Distress the said Sum, and the Sum of for the Costs incurred by the said [Churchwardens and Overseers, or Surveyors) in obtaining this Warrant, together with the reasonable Charges of taking and keeping the said Distress, shall not be paid, that then you do sell the said Goods and Chattels so by you distrained, and out of the Money arising by such Sale you retain the said Sums of

and rendering the Overplus, on Demand, to the said A.B., the reasonable Charges of taking, keeping, and selling the said Distress being first deducted; and if no such Distress can be found that then you certify the same unto us, to the end that such further Proceedings may be had herein as to the Law doth appertain. Given under our Hands and Seals, thi

Day of in the Year of Lord

at in the [County] aforesaid.

E.F.

G.H. * “ And that a certain other Assessment for the Relief,” &c. to the Asterisk, if there be Arrears.

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(C. 2.)
Warrant of Distress against several Rate-payers.
To the Overseers of the Poor or the Surveyors of the
Highways of the Parish of

in the County)
of
and to the Constables of

and to all other Peace Officers in the said [County). WHEREAS on

last past a Complaint was made before E.F., One of Her Majesty's Justices of the Peace in and for the

[County]

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