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cau-ed a distress for £- as and for an arrear of rent due to him from the said A. B. in respect of the said holding to be levied upon certain live-stock belonging to the plaintiff, to wit [ald a particular description of the stock] which before then had been taken in by the said A. B., to be fed at a fair price agreed to be paid therefor by the plaintiff to the said A. B., * there being at the time of such distress and to be found upon the said holding, household furniture, and live and dead stock belonging to the said A. B. of sufficient value to answer the said arrears of rent and the costs of the distress for the same * [if no other sufficient distress and the owner of the stock has tendered the amount due for its feeding, state in lieu of the words between the asterisks: the plaintiff on the day of tendered and offered to pay to the defendant the sum of £- the amount remaining unpaid of the price so agreed to be paid by the plaintiff for the feeding of his said stock in order to redeem the same, but the defendant refused to receive the amount so tendered to him [adding if the stock was sold, and on the day of he caused the plaintiff's said stock to be sold under the

said distress.]]

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(e) [Where the application is made by the owner of machinery let to the tenant, or of live-stock on premises for breeding purposes, A. B., being tenant &c. [stating tenancy], the defendant on the day of unlawfully caused a distress for an arrear of rent due to him from the said A. B., in respect of the said holding, to be levied upon certain* (agricultural) machinery, to wit [give a particular description of it], being the bonâ fide property of the plaintiff, and which was then on the premises of the said tenant under a bona fide agreement with him for the hire [or use] thereof in the conduct of his business* [in case of live breeding-stock state in lieu of the words between the asterisks "live-stock, to wit [particularly describing it], being the bonâ fide property of the plaintiff, and which was then on the premises of the said tenant solely for breeding purposes."] The plaintiff applies for an order for the restoration to him of the goods and chattels [or live-stock or (agricultural) machinery] so distrained as aforesaid, and he also claims from the defendant the sum of £- as and by way of damages for the wrongful distress and detention thereof.

[If the goods have been sold state, And the plaintiff claims from the defendant the sum of £, being the value of the goods and chattels [or live-stock or (agricultural) machinery] so distrained as aforesaid.

[If tenant claims damages for a wrongful distress, And the plaintiff claims from the defendant the sum of £- as and by way of damages for breaking into and entering upon the dwelling-house, land and premises of the plaintiff's said holding, and for taking and converting the plaintiff's said goods and chattels to his (the defendant's) own use.

[If tenant claims damages for an excessive distress, distraining fixtures, or any other irregularity, either under this or any other statute or at common law, add a claim as in an action, and if special damages are claimed particularise same.]

[If tenant claims payment of money retained to meet excessive charges of distress he will join the distraining bailiff, and the claim will be as follows: And the plaintiff claims from the defendants the sum of £-——, being the amount of costs and charges which was retained by them out of the proceeds of the said sale over and beyond the costs and charges set forth in the 2nd Schedule of the said Act, and which they were entitled to in respect of the said distress-the following are the items comprising the said sum of £

[Set them out seriatim.]

36. Præcipe for Summons.

The Agricultural Holdings (England) Act, 1883.

The parties to the dispute referred to in the annexed particulars are:

[name, address and description],

A. B., of

and C. D., of

[the like].

Dated

Solicitor for A. B. [address].

37. Summons.

in the

noon on

You are hereby summoned to appear at a County Court to be holden at on- day the day of — 18-, at the hour of the hearing of the above-mentioned dispute, and to answer the plaintiff to a claim, the particulars of which are hereunto annexed.

To the defendant.

As no form of order is provided either in the Act or under the rules it may be as follows:

38. Order determining the Dispute.

Upon hearing at a Court holden this day of the dispute mentioned in the particulars delivered in the above matter between A. B., of the tenant of a holding within the above Act [or E. F., of ], and C. D., his landlord [or a bailiff] appointed to levy distresses under the same Act, It is ordered that the said C. D. do forthwith restore and re-deliver to the said A. B. [or E. F.] the live stock [or agricultural or other machinery or things] to wit [describe them], unlawfully distrained by the said C. D. [or other the order made].

And it is further ordered that the said C. D. [or E. F.] do on or before the pay to the registrar of this Court for the use of the said A. B., his costs of and relating to the said dispute.

SECTION 5. THE BALLOT ACT, 1872, IN RELATION TO MUNICIPAL

ELECTIONS.

1. Application for an Order requiring Town Clerk to preserve Documents after the Expiration of a Year. (Ballot Act, rule 39.)

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As solicitor for Mr. A. B. of who was a candidate at the election of a town councillor for ward in the borough of on the last- -[or as solicitor for Mr. C. D. of —, a burgess of the borough of and whose name was on the register of voters for ward in such borough at the time of the election of a town councillor for the said ward on the day of last], I apply for an order directing the town clerk of the said borough to retain in his possession and not to destroy until otherwise ordered by this Court, all the documents relating to the said election which were forwarded to him pursuant to the Ballot Act, 1872, by the returning officer at the said ward election.

I, A. B. [or C. D.] of

2. Affidavit in Support.

make oath and say:

1. I was a candidate at the election of a town councillor for ward in the borough of on the last [or I am a burgess of the borough of and my name was on the register of voters for ward in such borough at the time of the election of a town councillor for the said ward on the last]. 2. On the instant I was informed for the first time that [state circumstances showing irregularities in the voting or dealing with the ballot papers or such misconduct of persons as would justify a prosecution for offences against the Act].

3. It is my intention to commence legal proceedings in relation to the matter mentioned in the last paragraph of this affidavit, and in the interests of justice it is necessary that all the documents in relation to the said election which were forwarded by the returning officer thereat to the town clerk of the said borough should be retained and not destroyed until the further order of this Court.

3. Order.

Upon the application of A. B. [or C. D.] of and reading his affidavit sworn on the - It is ordered that the town clerk of the borough of do retain in his possession undestroyed until the further order of this Court, all the documents relating to the election of a town councillor for ward in the said borough on the day of last, which were forwarded to him the said town clerk pursuant to the Ballot Act, 1872, by the returning officer at the said ward election.

As solicitor for Mr. A. B. of town councillor for

4. Application for an Order to produce Ballot Papers. (Ballot Act, r. 40.) who was a candidate at the election of a ward in the borough of held on the 1st day of November, 18-, and who has since presented a petition questioning the said election [or the return of Mr. C. D. as town councillor for the said ward], I apply for an order directing Mr. J. B., the town clerk of the said borough to open or cause to be opened for the purposes of the production and inspection hereinafter mentioned, the sealed packets containing the papers and documents specified in the schedule hereunder written and afterwards for the purposes of the said petition to produce the same papers and documents for inspection subject to such conditions as to persons, time, place and mode of inspection or production, as the Court may think expedient.

The Schedule referred to.

1. The rejected ballot papers relating to the said election for

ward.

2. The counterfoils of ballot papers marked by the presiding officers at the several polling stations for the said election.

3. The marked copies of the register used at the said polling stations.

4. The counted ballot papers and the spoilt ballot papers relating to the said election.

N.B.-If the order is required for instituting or maintaining a prosecution relating to ballot papers, the application should be made “ on behalf of A. B. for the purpose of instituting or maintaining a prosecution by him against C. D. for offences against the Ballot Act, 1872, alleged to have been committed by the said C. D. as (presiding officer &c.) at the election of town councillors for ward, in the borough of held &c." (See R. v. Beardsall, L. R. 1 Q. B. 452.)

5. Affidavit in Support.

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We, A. B. of, and J. B. of the solicitor for the said A. B., severally make oath and say :

And first I, the said A. B., for myself say:

1. I was a candidate at the election of a town councillor for

borough of

held on the

ward in the

C. D. of &c. was also a candidate at such

election and was declared to be elected as the candidate to whom the majority of votes had been given.

2. On the day of

18-, I presented to the Queen's Bench Division of the High Court of Justice a petition questioning the said election [or the return of the said C. D.] on the following among other grounds [state them]. 3. The said petition is appointed to be heard before of—, 18.

on the

day

4. The said J. B. is acting as my solicitor in the matter of such petition. And we the said A. B. and J. B. jointly and severally make oath and say:5. We are advised by counsel and believe that it is necessary for the purposes of the said petition that the town clerk of the said borough should produce to us and show for our inspection the following papers and documents, namely [describe them as in the schedule to the application].

6. We are also advised and believe that without such production and inspection the said A. B. cannot safely proceed to a trial of his said petition.

6. Affidavit when Production is required for the Purposes of a Prosecution. I, J. B. of &c., solicitor, make oath and say:

1. I have been instructed by A. B. of &c., to institute [or as solicitor for A. B. of &c., I have instituted before one of Her Majesty's Justices of the Peace for the borough of -] a prosecution against C. D. of &c. for personation and other offences against the Ballot Act in relation to ballot papers used at the election of a town councillor for ward in the borough of - held on the

2. I am advised and believe that there are good and sufficient grounds for the said prosecution.

3. In my judgment and belief it is necessary for the purposes of the said prosecution that the town clerk of the said borough should produce to the said A. B. and to myself as his solicitor and show for our inspection the following papers and documents, namely [describe them as in the schedule to the application]. 4. Without such production and inspection the said A. B. cannot safely proceed with the said prosecution.

7. Notice of the Application.

As solicitor for Mr. A. B. of &c., I give you notice that he intends to apply to the above Court on day the day of - 18-, at - o'clock in the forenoon for an order directing Mr. J. S. the town clerk &c. [proceed as in the application].

An affidavit of the said A. B. and J. B. sworn the -, a copy of which is herewith delivered, will be read in support of the said application. To Mr. C. D. [the respondent or

defendant] and to Mr. J. S.

the town clerk of the borough

of

8. Order.

Upon hearing Mr. J. B., solicitor for Mr. A. B. of who was a candidate at the election of a town councillor for ward in the borough of held on the and who has since presented a petition questioning the said election or the return of Mr. C. D. as town councillor for the said ward [or who is about to institute, or who has instituted, a prosecution against C. D. of &c., for an offence or offences in relation to ballot papers used at the election of a town councillor for ward in the borough of

held on &c.], and upon hearing Mr. F. J. solicitor for the said C. D., and being satisfied by evidence on oath that the production and inspection of the under-mentioned papers and documents are required for the purposes of the said petition [or for the purpose of instituting or maintaining the said prosecution]: It is ordered that Mr. J. S. the town clerk of the said borough of do open or cause to be opened for the purposes of the production and inspection hereinafter-mentioned the sealed packets containing the papers and documents specified in the schedule hereunder written.

And it is further ordered that the said town clerk do produce and show the same papers and documents for inspection to the said A. B. and his solicitor or agent on day the- day of —, 18-, at such hour as the said town clerk shall appoint, and on such other days and at such hours as may be convenient to the said town clerk at the council house [or town hall &c.] in the said borough and also after being served with a summons or subpoena for that purpose to produce and show the said papers and documents for inspection at any time or times as may be required under such summons or subpoena in any Court as evidence for the purposes of the said petition [or for the purpose of maintaining the said prosecution against the said C. D. for the offences aforesaid], And it is also ordered that the said town clerk do by himself or by some person or persons to be by him appointed for that purpose attend on every such production and inspection during the whole time thereof, and that the said town clerk and such other person or persons shall take and use all such proper means and precautions as shall be necessary in order that the mode in which any particular elector has voted shall not be discovered, and so that the papers and documents so to be produced

and inspected shall be safely kept from loss, damage, or other matter or thing, whereby the same or any of them shall be injured, prejudiced, or altered in

any way.

And it is further ordered that the persons entitled to be present at the said inspection at the council house aforesaid, are the town clerk and his assistants, the said A. B. and his solicitor or agent, the said C. D. and his solicitor or agent, and the mayor of the said borough, or in his absence the deputy-mayor of such borough. And that the town clerk shall immediately after every production and inspection hereby authorised, return the said papers and documents to their several packets and securely re-seal the same.

And it is lastly ordered that no person shall be allowed to see the face of any counted ballot paper.

A copy of this order shall be served on the said C. D. or his solicitor and also on the town clerk.

The Schedule above referred to.

[Copy description of documents as in the application.] Given under the seal of the Court this

day of

18-.

By the Court.
Registrar.

SECTION 6. THE COAL MINES REGULATION Act, 1872.

The proceedings should be headed with the title of the Act, and in the matter of the particular inquiry, but without the name of any County Court, the inquiry forming no part of the business of a Court, but being held before a Judge as a person nominated by the Secretary of State; moreover, the Judge appointed may hold the inquiry within the district of any other Judge.

By sub-sec. 3 of sec. 32, the management of the case is entrusted to a nominee of the Secretary of State, whose duty would appear to be to ınake all necessary arrangements with the County Court Judge and assessor (if any), to prepare and serve summonses to witnesses, to take their evidence, and generally to conduct the case against the manager, who may be represented by counsel, solicitor, or agent. Before the commencement of the inquiry, the Secretary of State will furnish to the manager a statement of the case against him.

The jurisdiction under this Act is in no way affected by the Coal Mines Act, 1886, which relates mainly to investigations with regard to explosions and accidents in mines.

The title of the proceedings will run thus :—

The Coal Mines Regulation Act, 1872.

In the matter of an inquiry into the conduct of A. B. of &c. the certificated manager of a coal mine [or mines of stratified ironstone &c.] called the Colliery, situate at

1. Summons to Witness. (Sec. 32.)

You are hereby summoned to attend before me, the undersigned C. D., Esq., being a County Court Judge, appointed by Her Majesty's Secretary of State, to hold the above inquiry at on-day, the day of in the forenoon, to be examined inquiry.

-, 18-, at- o'clock and to give evidence for the purpose of such 18-.

Given under my hand the Το

day of

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