11.)]-Proceed to the asterisk* in Form No. 2, supra, and then thus:the door of the said house [or place] being then and there bolted [or bolted, or fastened with -] so as to prevent, and which did prevent, one C. D., the complainant, from entering therein during the said meeting, assembly and congregation, contrary, &c.

5. General Forms to be used in enforcing the Conviction, No. 39 (I. 1), ante, p. 38]; Distress Warrant, &c. No. 53 (N. 1)–58, ante, p. 50-52.

Oke's Syn. 2nd ed. Offence 1, p. 112.

ld. Offence 2.

DISTRESS.

1. Tenant clandestinely removing Goods. (11 Geo. 2, c. 19, ss. 1, 4.)] being then and there tenant from year to year [or as the case may be] to the said C. D. [the complainant] of a certain tenement and lands there situate, at the yearly [or weekly] rent of payable half-yearly [or as the case may be], and the said A. B. being then indebted unto the said C. D. for certain arrears of rent for the said demised premises, to wit, the sum of —, then and still due and payable, did fraudulently [and clandestinely] remove, convey away, and carry off from the said premises divers of his goods and chattels, not exceeding the value of fifty pounds, to wit, of the value of, in order to prevent the said C. D., the landlord of the said premises from then and there distraining the same for the said arrears of rent so due and payable as aforesaid, contrary, &c.

Observations.]-The complaint may be by E. F. of, &c. bailiff, [servant or agent] of C. D. of, &c. [the landlord], and the justice must be described as residing near the place where the goods and chattels hereinafter mentioned were removed, [or where the goods hereinafter mentioned were found], and not being interested in the lands and tenements whence such goods and chattels were removed.

2. Person aiding and assisting. (Id.)]—Proceed as in No. 1, to its conclusion, and then add :—and that on the

day of aforesaid, at the parish of aforesaid, E. F. of, &c., did wilfully and knowingly aid and assist the said A. B. in fraudulently [and clandestinely] removing, conveying away and carrying off the said goods [or concealing the said goods], contrary, &c.

3. Order for Payment of Double Value. (Id.)]—This will be the same as General Order No. 44 (K. 1), ante, p. 42, reciting the complaint, No. 1 or 2, supra, to have been made in writing, with this variation in the statement of the appearance, and the justices hearing the complaint, repeat as in the complaint their description as not being interested, as in the " Observations" above, and in the adjudication say—We do adjudge the said A. B. to be guilty of the offence charged against him as aforesaid; and where un aider, and that the said E. F. is also guilty of the offence charged against him as aforesaid, and do order and adjudge him [or them] to pay to the said C. D. or to his bailiff, servant or agent, the sum of (being double the value of the goods and chattels so removed, conveyed away and carried off as aforesaid, as appears to us on due inquiry in that behalf,) and also to pay to the said C. D. the sum of for costs, &c. [conclude as

in General Form No. 44 (K. 1), ante, p. 42.]

4. Taking excessive Charges on Distresses for Rent, &c. (57 Geo. 3, c. 93, s. 2.)]—then being employed to make a distress upon the goods

and chattels of the said C. D. [the complainant], for and in respect of Oke's Synop. an arrear of rent due to one E. F. [or certain poor rates, &c., or as the 2nd ed. p. 112. case may be], not exceeding in amount the sum of twenty pounds, to wit, the sum of -, did then and there make such distress accordingly [and proceed to a sale thereof, if so], and did afterwards, to wit, on the

day of

instant, at the parish of

receive] from the said C. D.

aforesaid, retain [or take and

[out of the produce of the goods and chattels so distrained upon and
sold for such arrears of rent [or as the case may be] as aforesaid,
if a sale]

certain costs and charges [other than and] greatly exceeding in amount
the respective costs and charges allowed by the statute in that case
made and provided,

[or if for matters not done, say, from the asterisk * :—make and take
and receive from the said C. D. certain charges for matters
mentioned in the statute in that case made and provided, and
not really done in respect of the said distress],

that is to say, [here state the particular sum overcharged or charged, as the
case may be, with what it was paid for], contrary, &c.

5. Order of Dismissal of Complaint.]—Although a short form is given by the statute, that in Jervis's Act, No. 31 (L.), ante, p. 34, should be used.

6. Order of Treble Amount taken.]—A short form of this order is also given in the statute, but the General Form, No. 44 (K 1), ante, p. 42, should be used, merely adding to it, by stating, after the amount adjudged to be paid, “being treble the amount of the monies so unlawfully taken as aforesaid.”

4. General Forms to be used in enforcing the Orders for Payment.]— Distress Warrant, &c. No. 53 (N. 1)-58, ante, p. 50-52.

DOGS.

1. Stealing a Dog. (8 & 9 Vict. c. 47, s. 2.)]-did unlawfully steal, Id. Offence 1, take and carry away a certain dog, to wit, a spaniel, of the value of two pounds, the property of one C. D. [or the said C. D.], contrary, &c.

P. 114.

2. Complaint to ground Search Warrant for a Stolen Dog. (Id. s. 5.)] Id. Offence 2. -Proceed in the usual Form No. 1, ante, p. 23, and then :-that he the said C. D. [the complainant] hath lately lost a certain dog, to wit, a spaniel of a black and tan colour, and that he has just cause to suspect, and doth suspect and believe, that A. B., of the parish of [labourer], hath stolen the same, and that the same dog is now in the possession [or concealed on the premises, or as the case may be] of the said A. B., situate at aforesaid.

aforesaid

3. Search Warrant thereon.]-Proceed in the usual Form No. 11 of Chap. I. of Indictable Offences, post, by reciting the complaint, No. 2, supra, and then thus :-These are therefore to command you, in her Majesty's name, to make diligent search for the said dog in the said premises of the said A. B., and if you shall find it therein, then that you bring the same, and also the body of the said A. B., before me, or some other of her Majesty's justices of the peace in and for the said

Oke's Synop. 2nd ed. p. 114.

Offence 2.

to answer to the said complaint, and to be further

[county] of
dealt with according to law.

4. Having a Stolen Dog in Possession, found by virtue of a Search Warrant. (Id. s. 3.)]-a certain dog, to wit, a spaniel, the property of one C. D. [or the said C. D. the complainant] (by a certain ill-disposed person unknown, then lately before unlawfully stolen, taken and carried away), was found in the possession [or in the dwelling-house] of the said A. B. there situate, by virtue of a certain search warrant theretofore in that behalf duly granted, he the said A. B. then and there well knowing the said dog to have been unlawfully stolen, taken and carried away, contrary, &c.

5. General Forms to be used in enforcing the Convictions, (No. 41 (I.3), ante, p. 39;] or where imprisonment only adjudged, or No. 40 (I. 2), ante, p. 39, where a penalty imposed; Commitment, &c. No. 48 (P. 1), ante, p. 46; and for Costs, Distress Warrant, &c. No. 49 (P. 3)—51, ante, p. 46-48, in the former; or Commitment, No. 52 (O. 1), ante, p. 49, in the latter case.

6. Variation in Conviction No. 40 (I. 2), ante, p. 39]-in the adjudication say, to forfeit and pay the sum of, over and above the value of the said dog, and for the said dog the further sum of respectively paid and applied, &c.

to be

ld. p. 114.

DRUNKENNESS.

I. Proceedings upon a First Offence.
II. Proceedings for a Second Offence.

I. PROCEEDINGS UPON A FIRST OFFENCE.

1. For being Drunk. (21 Jac. 1, c. 7, ss. 1, 3.)]-That A. B., of &c. was, on the day of

instant, at the parish of

the said [county] of. drunk, contrary, &c.

in

2. Variations in the General Form of Conviction, No. 39 (I. 1), ante, p. 38.]-In the adjudication, say, after the sum of five shillings, the penalty, according to the said statute; the time of payment to be within one week, according to the statute aforesaid; in default of distress the defendant shall be set in the stocks of the said parish of there to remain for the space of six hours; and omit the words unless the said several suins, &c. shall be sooner paid.

3. Conviction on View.]-Vide General Form, No. 43, ante, p. 42.

4. Distress Warrant.]-Vide General Form, No. 53 (N. 1), ante, p. 50.

5. Commitment to the Stocks in default of Distress, or on Confession.]— The General Forms, No. 58 (N. 5), ante, p. 52, or No. 54, ante, p. 50, must be adapted to the variations above, (No. 2), in the conviction, but directed only to the constable, and the command being shortly this:-These are, therefore, to command you, the said constable of the parish of to take the said A. B., and him set in the stocks of the said parish of

there to remain for the space of six hours; and for your so doing, Oke's Synop. this shall be your sufficient warrant. 2nd ed. p. 114.

6. Warrant to the Churchwardens (if they are not present at the Conviction, or the Offender makes Default by not appearing), to receive the Penalty (a).

To the Churchwardens of the parish of

in the said [county.] Forasmuch as A. B., of, &c., in the said [county], is conto wit.victed before [me] the undersigned, [one] of her Majesty's justices of the peace for the said [county]; for that he, the said A. B., was, on the day of last, at the parish of -, in the said [county], drunk, contrary to the statute in such case made, whereby he hath forfeited the sum of five shillings to the use of the poor of the said parish: These are therefore to require you to demand and receive of and from him, the said A. B., the said sum of five shillings, to be by you accounted for to the use aforesaid; and if he shall refuse or neglect to pay the same by the space of one week after such demand made, that then you certify to me such refusal and neglect, to the end that such proceeding may be had thereupon as to justice doth appertain. of our

Given under my hand and seal, the
Lord,

- day of

in the year

,

at in the [county] aforesaid.

J. S. (L.S.)

II. PROCEEDINGS FOR A SECOND OFFENCE.

7. Information for being Drunk.]—State the last offence committed, as in the Form No. 1, ante, p. 23, and then as in the General Form of Information for a Second Offence, No. 4, ante, p. 25.

day of

8. Recognizance to be of good Behaviour.]-Proceed as in the Form No. 13 (E.), ante, p. 28, the condition being as follows:-the condition of the within written recognizance is such, that whereas the within bounden A. B. is this day duly convicted before the justice within mentioned, for that he the said A. B. was, on the instant, at the parish of- in the [county] aforesaid, drunk, contrary, &c. (the same being his second conviction), and it was thereby adjudged, that the said A. B., for his said offence, should be bound in a recognizance, with two sureties, in the sum of ten pounds, according to the statute aforesaid, to be of good behaviour for the space of then next ensuing; if therefore he, the said A. B., shall be of good behaviour for the space of now next ensuing, then the said recognizance to be void, or else to stand in full force and virtue.

9. Notice thereof.]-This will be the same as No. 14, ante, p. 29, altering it to the condition of the recognizance, No. 8, supra.

10. Commitment in Default of Recognizance. (2 Hawk. c. 16. s. 2.)]— Proceed as in the General Form No. 48, ante, p. 46, by reciting the conviction for the second offence; then the averment of the previous conviction as in the General Form of Conviction, No. 42, ante, p. 40, and then thus:]and it was thereby adjudged, that the said A. B., for his said first-mentioned offence, of which he is now duly convicted before me (being his

(a) This Form is given in nearly all the books of practice; but as no demand of a penalty is necessary before enforcing, where the conviction is regular and proper, it is difficult to see the use of it; it is inserted in this collection for those who wish to practise extreme caution in their proceedings.

Oke's Synop. 2nd ed. p. 114.

second conviction of drunkenness), should be bound in a recognizance, with two sureties, in the sum of ten pounds, according to the statute aforesaid, to be of good behaviour for the space of then next ensuing: and whereas the said A. B. hath refused to enter into such recognizance, and to find such sureties as aforesaid; These are therefore [&c., as General Form No. 48, ante, p. 46, adding, after the term of imprisonment], unless he in the meantime shall become bound in such recognizance, with such sureties as aforesaid, in the manner and for the term above mentioned; and for your so doing, &c.

N.B. The costs of these proceedings, where the party is committed,

would seem to be recoverable as in cases where the punishment is imprisonment only. (General Forms No. 49 (P. 3) —51, ante, p. 46-48.)

Id. p. 114.

FIREWORKS.

1. Making or Selling. (9 & 10 Will. 3, c. 7, s. 2.)]—did make [or cause to be made, or give, sell, or offer to sale] unto one E. F. certain fireworks, to wit, ten squibs,

[or certain cases, to wit, two cases [or moulds] for making serpents],

contrary, &c.

2. Permitting Fireworks to be thrown from a House into the Street, &c. (Id.)]-did permit certain fireworks, to wit, ten squibs, to be cast, thrown and fired out of and from the dwelling-house of him the said A. B. there situate, into a certain public street [or highway, road or passage] there, called -, contrary, &c.

3. General Forms to be used in enforcing the Conviction, No. 39 (I. 1), ante, p. 38, for the above Offences.]-Distress Warrant, &c., No. 53 (N. 1)—58, ante, p. 50—52.

4. Casting Fireworks into Street, &c. (Id. s. 3.)]-did throw, cast and fire certain fireworks, to wit, twenty rockets, into a certain public street [or house, shop, river, highway, road, or passage] there situate, called -, contrary, &c.

5. General Form for enforcing the Conviction for this Offence, No. 40 (I. 2), ante, p. 39.]-Commitment, No. 52 (O. 1), ante, p. 49.

Id. p. 116.

FISHERIES.

1. Destroying Salmon, &c., with Lime, &c. (58 Geo. 3, c. 43, s. 3.)]— Offences 7-10. did pursue [or take, kill or destroy] certain salmon [or salmon trout (11 & 12 Vict. c. 52, s. 2)], to wit, three salmon, then and there being in a certain river there situate [or there running between [or forming] the bounday of the said [county] of C. and the adjoining [county] of S.], contrary, &c.

[or did seek and endeavour to take [or kill or destroy, pursue, hurt or injure certain salmon, &c.], to wit, three salmon, then and there being in [-], by then and there laying and using certain hot lime in the said river [or state the means as the case may be],

contrary, &c.