To any Bailiff or Constable in and for the said district : Whereas (name of defendant) of the parish of (name of parish or township,) in the said district, hath been convicted before (one) of Her Majesty's justices of the peace for the said district, of having (state the offence) whereby the said (name of defendant) has forfeited, and has by the said justice been adjudged to pay the sum of dollars cents, and further the sum of (amount of the costs allowed) by me the said justice allowed and adjudged to be paid by the said (defendant) to (name of officer) collector of provincial revenue, (or as the case may be) for costs by him laid out about the conviction aforesaid; These, are therefore to command and require you, and each and every of you to distrain the goods and chattels of the said (name of defendant,) wheresoever they may be found within the said district; and on the said goods and chattels so distrained to levy the said penalty and costs, making together the sum of dollars dollars cents; And, if within the space of four days next after such distress by you made, the said last mentioned sum of cents, together with the reasonable charges of taking and keeping the said distress are not paid, that then you do sell the said goods and chattels so by you distrained as aforesaid, and out of the moneys arising from such sale that you do pay the said sum of dollars collector of provincial revenue (or as the case may be,) returning to the said cents, unto the said the overplus, reasonable charges of distraining, keeping and selling the said distress being first deducted; and you are to certify to with the return of this warrant what you shall have done in the execution thereof. Herein fail not. To all and every the Bailiffs, Constables or Peace Officers in and for the said district of Keeper of the Common Gaol in the said district of day of has been convicted on the ; and to the in the year of Our Lord one thousand eight hundred and before for the district of Esquire, of having (recite offence,) contrary to the provisions of the statute in such case made and provided, and, for such offence, has been adjudged to pay to collector of provincial revenue for the of the district of division (the prosecutor), the sum of , as a fine, to be applied according to law, and also the further sum of for his costs in that behalf; and, in default of immediate payment of such fine and costs, that the same be levied by seizure and sale of the moveables and effects of the said ; and in default, of such moveables and effects, or in case they be insufficient, that the said be imprisoned, in the of common gaol, at the in the district aforesaid, for a period of three months, unless the said fine and costs and charges of such seizure and sale, of arrest, commitment and conveying the said paid; to the said common gaol, be sooner And whereas, afterwards, on the day of , in the year aforesaid, I issued a warrant to all or any of the bailiffs, constables or other peace officers of the district of commanding them or any of them to levy the said fine and costs by seizure and sale of the moveables and effects of the said ; And whereas it appears to me, by the return of the said warrant by the constable, who had the execution of the same, that the said constable has made diligent search for the moveables and effects of the said ; but that no sufficient moveables and effects whereon to levy the said fine and costs above mentioned, could be found (or, that the said moveables and effects are insufficient to pay the whole of the said fine and costs;) These are therefore to command you, the said bailiffs, constables or peace officers, or any one of you, to take the said and h safely convey to the common gaol at the in the district of h and there deliver to the keeper thereof, together with this warrant. And I do hereby command you, the said keeper of the said common gaol, to receive the said into your custody, in the said for the arrival common gaol, and there to imprison h space of three months from the date of h as a prisoner thereat, unless the said fine and costs and all costs of the warrant of seizure and sale, and of the arrest, commitment and conveying the said to the further sum of to the said common gaol, amounting dollars and cents be sooner paid unto you, the said keeper of the said common gaol. of And for so doing, this shall be your sufficient warrant. Given under my hand and seal, at the , in the said district, this year of Our Lord one thousand eight hundred To all and every the Bailiffs, Constables or Peace Officers in and for the said district of and to the Keeper of the Common Gaol in the said district of day of in the year of Our Lord one thousand , before (name and title eight hundred and of magistrate who rendered judgment) Esquire, for the district of of having (recite offence,) contrary to the provisions of the statute in such case made and provided, and, for such offence hath been adjudged to pay forthwith to collector of provincial revenue, for the division of the district of (the prosecutor), the sum of be applied according to law, and also the further sum of dollars and as a fine to cents for his costs in that behalf; and, in default of such payment being made as aforesaid, to be imprisoned in the common gaol at the of in the said district, for a period of three months, unless the said fine and costs be sooner paid; And, whereas the said has failed to pay the said fine and costs; These are therefore to command you, the said bailiffs, constables or peace officers, or any one of you, to take the said safely convey to the common gaol at the district of and h of to the keeper thereof, together with this warrant. in the And I do hereby command you, the said keeper of the said common gaol, to receive the said into your custody, in the said common gaol and there to imprison h for the space of three arrival as a prisoner months from the day of h thereat, unless the said fine and costs and all costs of the arrest, commitment and conveying the said to the said common gaol, amounting to the dollars and further sum of cents be sooner paid unto you the said keeper of the said common gaol. And, for so doing, this shall be your sufficient warrant. is convicted before the undersigned (title of magistrate) for the district of (recite offence) contrary to the provisions of the statute, in such case made and provided ; fine to be applied according to law, and also to pay to the said the sum of dollars and cents for his costs in this behalf And, whereas the said prosecutor hath made option that the said (name of defendant) be committed to the common gaol at the of in the said district for a period of three months, unless the said fine and costs be forthwith paid : I do therefore order and adjudge that, in default of immediate payment of the said several sums, the said to the common gaol at the said , for a period of be committed of months, unless the said several sums of money, and costs and charges of arrest, of commitment, and of the conveying the said to the said common gaol, shall be sooner paid. Given under my hand and seal, the day and year first above mentioned, at the of in the district of aforesaid. (Signature.) (Title of Magistrate.) 43-44 V., c. 11, s. 46 and Form O. |