Oke's Synop. 2nd ed.

pp. 380-382.

to pay to the said

the sum of

s to say) on the
day of in the year of our Lord one thousand
eight hundred and forty -9
born a bastard of the body of the said
and that the said justices, having heard the evidence of such
woman, and such other evidence as she had produced, and the evi-
dence of the said the mother of the said child, having been corrobo-
rated in some material particular by other testimony, to their satisfaction,
did adjudge the said to be the putative father of the said child, and
having regard to all the circumstances of that case, did order that the said
should pay unto
the mother of the said bastard child, so long
as she should live and be of sound mind, and be not in any gaol or
prison, or under sentence of transportation, or to the person who might be
appointed to have the custody of such child, under the provisions of the
said statute, the sum of until the said child should attain the age of
thirteen years, or should die, or the said should marry and they
did further order the said
being the costs incurred in obtaining their order: And whereas the said
hath not married since the making of the said order, but hath lately
[died, or become of unsound mind, or is now in the gaol or prison of -
in the county of or is under sentence of transportation], and the
said child is still alive, and under the age of thirteen: Now we, two
of her Majesty's justices of the peace acting in and for the county [or
city, borough or other place] of do hereby order and appoint one
,, of in the county [or city, borough or other place] of
not being an officer of any parish or union, and having consented thereto,
to have the custody of such bastard child, so long as such bastard chiid
shall not be chargeable to any parish or union.
Given under our hands and seals, at
borough or other place] of this day of
of our Lord one thousand eight hundred and forty
N.B. A duplicate of this appointment is to be sent through the post
or otherwise by the clerk of the justices, to the clerk of the
guardians of the union or parish wherein the mother of the said
child resided at the time when she died, or ceased to be entitled
to receive the payments under the order.

in the county [or city,

in the year

II. OTHER FORMS.

17. Summons of a Witness. (7 & 8 Vict. c. 101, s. 70.) To E. F., of in the said [county] of

County of

at

Whereas application hath been made to [me the undersigned] one of her Majesty's justices of the peace in and for to wit. the said county of by C. D., single woman, residing in the petty sessional division of in the said county, for which I act, who hath been delivered of a bastard child, and of which she alleged A. B., of in the county of, to be the father, against whom a summons hath been issued to appear at a petty sessions for this division to answer the complaint of the said C. D. touching the premises: And whereas the said C. D. [or A, B.] hath informed me that you are a material witness on her [or his] behalf upon the matter of such charge, and hath requested that I should summon you to appear and give evidence thereon: These, &c. [conclude as in General Form No. 19 (G. 1), ante, p. 30.]

18. Warrant on Disobedience of the Summons.]— This will be the same as the General Form No. 21 (G. 2), ante, p. 31, adapted to the Summons No. 17, supra.

19. Commitment of the Witness for refusing to give Evidence.]-This may be adapted from the General Form No. 23 (G. 4), ante, p. 31.

20. Notice of Appeal against an Order in Bastardy (a). (7 & 8 Vict. c. 101, s. 4, and 8 Vict. c. 10, s. 3.)

To C. D., of the parish of

in the county of

next,

1 Take notice, that I intend to appeal to the general quarter to wit.sessions of the peace to be holden on the day of for the county of -, against an order under the hands and seals of I. S., I. L. snd I. P., Esquires, assembled at a petty session of her Majesty's justices of the peace for the said county, holden in and for the division of in the said county, on the day of instant, whereby I was adjudged to be the putative father of a bastard child, of which you have been lately delivered, and ordered to pay to you certain sums of money therein set forth.

Dated this

Witness, E. P.

day of, in the year of our Lord

21. Notice of the Recognizance to Persons bound, applicable to Form of Recognizance to Appeal, No. 9, ante, p. 408.]-Take notice, that you A. B. are bound in the sum of and you L. M. [and M. N.] in the sum of [each], that you the said A. B. do appear at the next

general quarter sessions of the peace to be held at

county of

on the

day of

- in and for the next, and then and there try an appeal (of which you the said A. B. hath given notice) against an order made on the day of by her Majesty's justices of the peace, whereby you A. B. were adjudged to be the putative father of a bastard child by one C. D., and thereby ordered to pay certain sums of money therein set forth, and pay such costs as shall be by the said court awarded: and unless you prosecute such appeal accordingly, or abandon the same, and give notice thereof, as required by the statute in that behalf, the recognizance entered into by you will forthwith be levied on you [and him or them.] Dated this day of

185-.

J. S., Justice of the Peace.

22. Notice to Mother and Justice by Father of his having entered into Recognizance to appeal. (See 8 Vic. c. 10, s. 3.)

To C. D., of the parish of --> in the county of

[and to J. S.,

Esquire, one of her Majesty's justices of the peace, and one of the
justices who made the order hereinafter mentioned.]

Whereas by an order under the hands and seals of J. S., J. L. and
J. P., Esquires, assembled at a petty session of her Majesty's justices of
the peace for the county of
holden in and for the division of

in the said county, at -, on the day of - last, I, the under-
signed A. B., of the parish of ——, in the county of was adjudged
to be the putative father of a bastard child, of which you [the said C. D.]
had been then lately delivered, and I was thereby ordered to pay to you
[the said C. D.] certain sums of money therein set forth: And whereas
I have given to you [the said C. D.] due notice of my intention to appeal
against the said order to the general quarter sessions of the peace to be
holden on the
day of next, for the said county of
I do hereby give you [the said C. D. and J. S., Esquire] further notice,
that I have this day duly entered into a recognizance before J. L., Esquire,
one of her Majesty's justices of the peace for the said county [and one of the

: Now

(a) The Quarter Sessions Procedure Act (12 & 13 Vict. c. 45) does not extend to an order in bastardy. (Vide s. 2.)

Oke's Synop.

2nd ed.

pp. 380-382.

EE

Oke's Synop. 2nd ed.

pp. 380-382.

said justices who made the said order, if so, and in that case this notice need only be given to the mother] conditioned for my appearance at the said next general quarter sessions of the peace, and then and there to try my said appeal and pay such costs as shall be by the said court awarded.

Dated the

day of

Witness, E. F.

185-.

A. B.

23. Notice to Mother and Justice by Father of Abandonment of Appeal. (See sect. 5 of 8 Vict. c. 10.)

To C. D., of the parish of —, in the county of

and to J. L., Esquire, one of her Majesty's justices of the peace, and the justice before whom the recognizance hereinafter mentioned

was taken.

Whereas I, A. B., of the parish of

in the county of —, did, on the day of last, duly enter into a recognizance before you the said J. L., Esquire, conditioned for my appearance at the next general quarter sessions of the peace to be held on the day ofnext, for the county of, then and there to try an appeal (of which I the said A. B. had previously given you the said C. D. due notice), against a certain order under the hands and seals of J. S., J. L., and J. P., Esquires, assembled at a petty session of her Majesty's justices of the peace for the said county of holden in and for the division of in the said county, on the day of whereby I was adjudged to be the putative father of a bastard child, of which you the said C. D. had been then lately delivered, and ordered to pay to you the said C. D. certain sums of money therein set forth: Now I do hereby give you and each of you notice, pursuant to the statute in that behalf, that I abandon the said appeal, and further, that I am [or my attorney E. F. of, &c. is] ready to pay to you the said C. D. the sum now due under the said order, and such costs and expenses as you the said C. D. may have incurred by reason of my said notice of appeal. Dated this

185Witness, E. F.

day of

A. B.

24. Notice of the Recognizance for Appearance at the Return of the Distress Warrant.] This will be similar to the General Form No. 14, ante, p. 29, adapted to the Recognizance No. 13, ante, p. 411.

25. Justices' Clerks' Return of Summons, Applications and Orders to the Clerk of the Peace. (Given in Sched. (A) to 7 & 8 Vict. c. 101, s. 11.)

County

Division

BOOKS.

Order of a Justice for the Restoration of a Book lost from and belonging to a Parish Library. (7 Anne, c. 14, s. 10.)

1 Whereas C. W., one of the churchwardens of the parish of to wit. A., in the said county, hath made oath before me, the undersigned, one of her Majesty's justices of the peace in and for the said county, that a certain book called "Cruden's Concordance" hath been taken or otherwise lost out of the parochial library of and belonging to the said parish of A., in the said county, and that he hath this day found the same in the dwelling-house of one E. V., in the said parish and county, and now here produces the said book before me the said justice, and prays my order that the same may be restored to the said parochial library in pursuance of the statute in that case made and provided: And whereas the said E. V. hath been duly summoned to appear before me the said justice to show cause why I should not order the said book to be restored to the said library, but the said E. V. does not appear before me in pursuance of my said summons, nor does he show any cause why the said book should not be restored: Now I the said justice, upon due consideration had of the premises, do hereby adjudge, determine and order that the said book be forthwith restored to the said library. Given under my hand and seal at A. aforesaid, in the said county, this second day of August, a. d. 1849.

J. S. (L. s.)

N. B. A warrant to search may be granted, and a summons in the
common form should precede the above order.

CHURCH RATES.

Vide tit. "Tithes Rent-charge and Church Rates," post.

CONSTABLES (SPECIAL).

day of

1. Deposition of a credible Witness that a Tumult, &c. has taken place,
&c., and that the ordinary Peace Officers are not sufficient. (1 & 2
Will. 4, c. 41, s. 1. Adapted from 12 J. P. 396.)]
I, T. W., of the parish of -, in the county of, [farmer], upon
my oath say, that I have reasonable grounds for apprehending and do appre-
hend that there will be this day [or on the
-], a tumult
and riot in the said parish of ; and upon my oath aforesaid I further
say [here state the grounds The witness need not confine himself to facts
within his own knowledge, but may speak to information and belief, and
may produce public newspapers, showing what is expected, and swear to his
belief of the contents of such papers, and the justices may ask him questions
to elicit information, if they are not satisfied with what he swears of his
own accord. The oath need not be in writing, but it is convenient to take
it down in writing.]

[or if the grounds for asking for the appointment of special constables
be the commission of a series of felonious acts in a particular
locality, within a short period, describe severally and in the order
of time, the offences, and stating them to have been done (if so)
"by some person or persons unknown," and then: "that I ap-
prehend such offences will continue to be repeated, and that
the inhabitants of the parish and neighbourhood labour under
great fear on that account: that the ordinary parish constables

Oke's Synop. 2nd ed. pp. 383, 384.

in number) appointed for preserving the peace in the said parish are not efficient or sufficient for the detection and discovery of the offender or offenders, for the preservation of the peace, or for the protection of the inhabitants, and the security of the property in the said parish."]

T. W.

2. Precept for appointing several Special Constables in one Form. Whereas it hath been made to appear unto me, T.J.A., Esquire, one of the magistrates of the police courts of the metropolis, sitting at the police court in Worship Street, in the county of Middlesex, and within the metropolitan police district,

to wit.

[or us the undersigned, two of her Majesty's justices of the peace for the said county of · acting in and for the division of

in the same county],

upon the oath of T. W., of the parish of
division], a credible witness in that behalf, that a
reasonably apprehended in the said parish of

in the said district [or division]],

in the said district [or

tumult and riot may be [or in the parish of

[or that, &c. stating the facts shortly as in the deposition] : Now, I[we], the said justice [or justices], being of opinion that the ordinary officers appointed for preserving the peace in the said district [or division, or parish] are not sufficient for the preservation of the peace therein and for the protection of the inhabitants and security of the property in the said district [or division, or parish], do, by this precept in writing under our hands, in pursuance of an act of parliament made and passed in a session of parliament holden in the first and second years of the reign of his late Majesty William the Fourth, intituled, “An Act for amending the Laws relative to the Appointment of Special Constables, and for the better Preservation of the Peace," nominate and appoint the several persons whose names and descriptions are hereunder written, to act as special constables for the preservation of the public peace and for the protection of the inhabitants and security of the property within the said district [or division, or parish] of for the period of from the day of the date hereof [or until the day of -]; and I [or we] do hereby require such several persons to attend before one or more of her Majesty's justices of the peace for the said county and [division], for the purpose of being sworn into office at such time and place as shall be appointed for that purpose: