any thing in the said indenture of apprenticeship contained to the contrary. And we do hereby order that he the said C. D. shall upon due notice hereof deliver up forthwith to the said apprentice his clothes and wearing apparel, and also pay immediately to the churchwardens and overseers of the poor of the parish of - in the said county, to which parish the said apprentice belongs, or some or one of them, the sum of £. —, to be applied by them, some or one of them, under our order, for the benefit of the said apprentice, as to us shall seem reasonable. Given under our hands and seals, the day of 1817. Information and Complaint that the Money has not been paid. to wit. The Information and Complaint of E. F. one of the overseers of the poor of the parish_of- in the said county, taken on oath before us, S. P. and W. S. two of His Majesty's justices of the peace in and for the said County, this day of 1817, who on his oath saith, that by an order under the hands and seals of us the said S. P. and W. S. two of His Majesty's justices of the peace, &c. which said order is now produced before us, A. B. the parish apprentice of C. D. of the said parish of was discharged from his said apprenticeship to the said C. D. for [state the cause]. And further, that in and by the said order the said C. D. was ordered, upon due notice to him of the said order, forthwith to deliver up to the said apprentice his clothes and wearing apparel, and also to pay immediately to the churchwardens and overseers of the poor of the said parish of, to which parish the said A. B. belongs, some or one of them, the sum of to be applied by them, some or one of them, under the order of us the said justices, for the benefit of the said apprentice: And that the said C. D. hath had due notice of the said order, but that he hath not complied therewith by paying the said sum of money, so directed to be paid by him the said C. D. nor any part thereof, but hath refused, and doth refuse so to do; whereupon the said A. B. prayeth that justice be done in the premises. Taken and sworn before us, S. P. Warrant of Distress. to wit. Whereas by an order [Recite the order as in the Information]. These are therefore to command you that you do levy the said sum of by distress of the goods and chattels of him the said C. D. together with the reasonable expenses of such distress; and if within the space of four days next after such distress by you made, the said sum of together with the reasonable expenses 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 the sale thereof, that you do pay the said sum of unto the churchwardens and overseers of the poor of the said parish of to be by them applied as aforesaid, returning the overplus on demand unto the said C. D. the reasonable charges of taking, keeping, and selling the said distress being first thereout deducted. Given under our hands and seals, this day of day of 1817. Complaint against a Master for not delivering up to a discharged Apprentice his Clothes. -to wit. The Information and Complaint of A.B. the late parish apprentice of C. D. of in the said county, taken on oath before us, S. P. and W. S. two of His Majesty's justices, &c. this day of 1817, who on his oath saith, that by an order under the hands and seals of us the said justices, dated the day of last, which said order is now produced to us, he the said A. B. was discharged from his said appren ticeship to the said C. D. for [state the cause], and that by the said order the said C. D. was required to deliver up to him the said A. B. his clothes and wearing apparel, and that the said C. D. had due notice of the said order on the day of last, and that this informant did then demand his clothes and wearing apparel of the said C, D. which he the said C. D. then refused, and yet refuses to deliver up; whereupon the said A.B. prayeth that justice be done in the premises. Taken and sworn before us, S. P. W. S. Order thereon. to wit. Whereas by an order under the hands and seals of S. P. and W. S. two of His Majesty's justices &c. dated &c. A. B. the parish apprentice of C. D. [state the facts as in the Complaint]. And whereas the said C. D. hath been duly summoned to appear before us the said justices to answer the said Complaint, but hath not shewn to us any just cause why he refuses to comply with the directions of the said Order, and to deliver up the said clothes and wearing apparel as he was thereby commanded. We do therefore hereby order the said C. D. upon due notice of this our order, to pay to the churchwardens and overseers of the poor of the said parish of the sum of [not exceeding £5.], to be by them applied as the law directs. Given under our hands and seals, &c. Warrant of Distress. To the Constable of -. to wit. Whereas by an order under the hands and seals of us, S. P. and W. S. two of His Majesty's justices, &c. [state the Order for delivering the Clothes, the Complaint, and Summons thereon, and the Order for payment of the Penalty]. And whereas it appears unto us the said justices upon the oath of E. F. one of the overseers of the poor of the parish of aforesaid, that the said C. D. hath had due notice of our said last-mentioned order, but hath not paid the said last-mentioned sum of so directed to be paid by him, or any part thereof. These are therefore to command you to make distress of the goods and chattels of the said C. D. and if within the space of four days next after such distress by you made, the said last-mentioned sum of, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the goods and chattels so by you distrained, and out of the money arising by the sale thereof, that you pay the said last-mentioned sum of unto the churchwardens or overseers of the poor of the parish of —, to be by them applied as aforesaid, returning the overplus (if any), on demand, to the said C. D. the reasonable charges of taking, keeping, and selling the said distress being first thereout deducted. Given under our hands and seals, &c. Master's Oath to claim his Apprentice. to wit. I, A. B. of make oath that I am by trade a in the county of, do and that C. D. was bound to serve as an apprentice to me in the said trade, by in denture bearing date the Lord 1817, for the term of did on the day of day of in the year of our years, and that the said C.D. in the year of our Lord 1817, ab scond and quit my service without my consent, and that to the best of my knowledge and belief the said C. D. is aged about years. Witness my hand, the year of our Lord 1817. Sworn before me, at of, this year of our Lord 1817. in the day of in the day of in the ARREST. A constable may, by virtue of his office, arrest a felon and imprison him till he can be conveyed to a justice of peace. 2 Haw. c. 13, s. 8. but cannot for a breach of the peace (unless committed in his view), without a warrant. Ibid. No privilege from arrest extends to felony, trea⇒ son, or breaking the peace, 4 Inst. 24, 25. and a warrant against any person for either of these crimes may be executed on the Lord's day. 29 Ch. II. c. 7, s. 6. A private person, in case of strong suspicion of felony, treason, &c. may justify an arrest without a warrant, and may also prevent the commission of those crimes by seizing and detaining the party. 2 Haw. c. 12, s. 19. Cald. Ca. 291. A justice of peace may apprehend a felon, or disturber of the peace in his own view, 2 Hale's Hist. 86, or he may command one to arrest another for felony, or breach of the peace, committed in his presence; but, if in his absence, he must issue a warrant in writing under his seal. Ibid. A justice may direct his warrant to a private person if he pleases, though such person is not bound to execute it, but the warrant ought not to be directed to the party; and if directed to two or more jointly, one of them alone may execute it. Dalt. 169. In general, a peace officer under authority of a justice's warrant, or in any case where the King is a party, may justify breaking open a man's house to arrest the offender, Ibid. but the officer should first demand entrance. It seems, however, that a private person cannot justify breaking open a door to arrest a person upon mere suspicion of felony. Justices, before granting warrants to arrest, should examine the party, requiring it, on oath; and if the charge be positive, it may be adviseable to bind the party to prosecute before warrant issues. Dalt. c. 169, p. 579. [For the precedents, see title "Warrants;" and for the authority of constables, see title "Constable."] |