NOTE.-If the execution be against two or more, and all have not been served with process or appeared, the execution will only be against the goods and body of him who was served or appeared.

The Justice must insert the number of days of imprisonment, being one day for every two shillings due on the judgment: If part of the money have been levied, a memorandum shall be endorsed on the execution, stating the balance due and days of imprisonment thus:

Balance due, thirteen shillings.

Days of imprisonment, six.

County, ss. To any Constable of the Parish of

You are hereby required to levy of the goods and chattels of C. D. within your Parish, which A. B. recovered in the Court before me for debt, (or damages) costs, amounting in the whole to

against

and also

besides

the costs of levying this execution, and have the money before me at my dwelling house on the

day of

to be

rendered to the said A. B. and have there then this precept. Given under my hand the

day of

18

N. M. Justice of the Peace for
the County of

The return of the within execution is enlarged to the day of

18 .

N. M. J. P.

I have levied the damages and costs as within directed.

O. P. Constable.

For want of goods and chattels whereon to levy, I have taken the body of the within named C. D., and delivered him to the keeper of the gaol, as within directed.

O. P. Constable.

I could not find any goods, or the body of the said C. D.
O. P. Constable.

The separate property of the within E. F. is not to be levied on.

N. M. J. P.

(L)

Summons against Constable for not returning Execution, or not paying over money levied.

County, ss. To any Constable of the Parish of

Whereas on the

damages and

costs on a judgment recovered by A. B. against C. D. before me, was delivered to O. P. one of the Constables of the said Parish of , returnable on the

day of : And whereas the said O. P. has [not made return of the said execution] as by law directed, you are hereby required to summon the said O. P. to appear before me at my dwelling house in the said Parish, on the

of the clock in the

day of

at

noon, to answer to the said A. B. for the said damages and costs, with interest, and make return hereof according to law.-Dated the

18

day of

N. M. J. P.

NOTE. If the suit is for not having paid over the money, omit the words between the brackets, and say, levied and not paid over the money.

(M)

Summons against Bail.

County, ss. To any Constable of the Parish of

at

on the

of the clock in the

noon, to

You are hereby required to summon R. S. to appear before me at my dwelling house in the Parish of day of answer the demand of A. B. for [state the sum for which the bail is liable, namely, the amount sworn to in the original action, and costs awarded], which the said A. B. lately recovered in the Court before me against C. D. and for which sum the said R. S. is liable as bail for the said C. D. as is alleged; and make return hereof forthwith as by law directed.-Dated the

Tried before E. F. Esquire, one of the Justices of the Peace in and for the County of

The Justice's report of the evidence, cause of action, grounds

of defence, and judgment in this cause, having been laid before me, with the affidavit of and it appearing to me that

substantial justice has not been done to the said

[or

that the Justice has acted wholly without jurisdiction, as the

case may be,) I appoint the

o'clock in the

day of

noon, at my

in

next, at as the time and day

G. S. J. S. C.

place for hearing the parties on review.-Dated the

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c.

We command you that you attach L. M. so that you may have his body before us at Fredericton on [a return day in the ensuing Term] to answer to us for a certain trespass and contempt, in not paying to I. K. the sum of

for

awarded to the said I. K. by Esquire, one of the Justices of our Supreme Court, in a certain matter of review lately pending before the said Justice, pursuant to the Act of Assembly in such case made and provided, and have there then this Writ.-Witness James Carter, Esquire, Chief Justice at Fredericton, the [day it issued].

By order of Mr. Justice

(P)

CARMAN.

Warrant of Commitment for contempt.

County, ss. To any Constable of the Parish of

Whereas X. Y. has been guilty of insolent behaviour towards me, in the trial of a cause between A. B. plaintiff, and C. D. defendant, tending to interrupt the proceedings in the said cause, and was thereupon for such contempt adjudged to be imprisoned hours in the common gaol of the said County: These are therefore to require you, the said constable, to take the said X. Y. and convey his body to the gaol of the said County, and there deliver him to the keeper of the said gaol, together with this warrant; and you, the said keeper, are

hereby required to keep in your custody the said X. Y. for the said term of hours, and hereof fail you not.-Given

NOTE.--The Justice will alter the statement of the offence in the foregoing form, so as to suit the facts of the case, taking care to state the offence according to this Chapter.

1. When information (A) shall be laid before a Justice that any person has committed, or is suspected to have committed any offence punishable by summary conviction before him, or upon which such person may be liable to an order for the payment of money, or otherwise, the Justice may issue his summons (B), requiring such person to appear at a certain time and place before the Justice, who shall then be there, to answer to the matter of the information, which shall be served by a constable, or by leaving a copy of the same with some adult member of his household; the constable shall attend at the return thereof to prove the service; no objection shall be allowed to any information or summons for any defect therein in substance or form, or for any variance between such information or summons and the evidence, unless the party summoned has been misled, when the Justice may adjourn the hearing to a future day.

2. If the person served shall not appear before the Justice

at the return, and it shall be made to appear to such Justice on oath, that such summons was served in a reasonable time, such Justice may, upon oath being made of the truth of such information, issue his warrant (C) to apprehend the party, and bring him before the Justice, or some other Justice, to answer to the said information; or may instead of such summons as aforesaid, issue in the, first instance his warrant (D) for apprehending such party, and bringing him before the Justice, or some other Justice, to answer to the said information; but when a summons shall be issued as aforesaid, and the parties fail to appear in obedience thereto, such Justice may proceed to the hearing of such information or complaint, and adjudicate thereon as if such party had appeared to the said sum

mons.

3. Every such warrant shall be under the hand of the Justice issuing the same, and be directed to any constable of the County in which it is to be executed, and shall state shortly the matter of the complaint or information, and name or otherwise describe the party against whom issued, and order the constable to apprehend and bring him before the Justice, who shall be then there, to answer the said information or complaint; and it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until executed, which may be done at any place within the Province; but no objection shall be allowed that would not be valid as in the case of the summons; and in the mean time to commit (E) or discharge him upon his entering into a recognizance (F) with or without sureties, conditioned for his appearance at the hearing; but if the defendant shall be discharged upon a recognizance as aforesaid, and shall not afterwards appear agreeably thereto, the said Justice, or any Justice who may be present, upon certifying (G) on the said recognizance that the defendant has made default, shall transmit such recognizance to the Clerk of the Crown, and such certificate shall be evidence of such default.

4. The provisions of Sections 12, 13, and 14, in Chapter 158, of Title XLI, shall apply to any proceeding under this Chapter when the same may be applicable.

5. Every person who shall aid or procure the commission of any offence punishable on summary conviction, shall be liable