Oke's Synop. 2nd ed. p. 385. CONSTABLES (UNder LightingG AND WATCHING ACT.) See tit. "Lighting and Watching Act," post. CONSTABLES (ON NAVIGABLE RIVERS AND CANALS.) 1. Oath required by 3 & 4 Vict. c. 50, s. 1.]—I, A. B., having been appointed a constable to act upon and along the [name the canal or navigable river] under the provisions of [here insert the title of this act as in Form No. 2, infra,] do swear that I will well and truly serve our sovereign lady the Queen in the said office of constable, without favour or affection, malice or ill-will, and that I will, to the best of my power, cause the peace to be kept, and prevent all offences against the peace, and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge the duties thereof faithfully according to law. So help me God. 2. Certificate of Oath.]-Proceed to the asterisk* in the Form in tit. "Constables (Borough)," supra, then :-" third and fourth years of the reign of her present Majesty, intituled 'An Act to provide for keeping the Peace on Canals and Navigable Rivers,' the said A. B. having been duly appointed a constable to act upon and along the [name of the canal, &c.] by two of her Majesty's justices of the peace by virtue of the same statute." CORN DECLARATION. Given in the 5 Vict. c. 14, s. 23.]—I, A. B., do declare that the returns to be by me made conformably to the act passed in the fifth year of the reign of her Majesty Queen Victoria, intituled "An Act to amend the Laws for the Importation of Corn," of the quantities and prices of British corn which henceforward shall by or for me be bought shall to the best of my knowledge and belief contain the whole quantity, and no more, of the British corn bonâ fide bought for or by me within the periods to which such returns respectively shall refer, with the prices of such corn and the names of the sellers respectively, and to the best of my judgment the said returns shall in all respects be conformable to the provisions of the said act. As witness my hand, this day of 18- (a). CORPORATION. 1. Complaint against Officer of Corporal.on neglecting to deliver ove~ Books or Monies, &c. (5 & 6 Will. 4, c. 76, ss. 60, 65.)]-The information and complaint of D. D., the town clerk [or mayor] of the said borough of T., duly authorized in this behalf for and on behalf of [himself and] the council of the said borough, taken [&c. as in No. 1, ante, p. 23], saith, that A. B., of the parish of K., in the said borough, was late [or is now] public crier [or treasurer] of the said borough, and as such crier [or (a) The Excise furnishes the justice with a form of certificate of this declaration being taken, which is filled up and returned to the Excise, the declaration being retained by the justice. treasurer] an officer of the council of such borough, and that he has been lately removed from his said office of crier [or treasurer]; and that the said A. B. has now in his custody or power a bell [or certain books, papers and writings, or certain accounts, or certain monies, to wit, ‚] the property of the council of the said borough; that on the - day of last a notice in writing directed to the said A. B., under the hand of T. N. F., Esq., mayor of the said borough, and of I. A., W. N. and T. W., three of the council of the said borough, directing the said A. B. to deliver to one J. T., the town clerk of the said borough, and who was thereby authorized to receive the same, the said ———, then in his possession [or then due from the said A. B. as such treasurer as aforesaid] was personally served upon the said A. B., and that ever since the service of the said notice the said A. B. hath wilfully neglected [or refused] to deliver [or pay] the said to the said J. T., as required by the said notice, or to give any satisfaction to the said council or to the said J. T. concerning the same, contrary, &c. 2. Warrant thereon. (Id. s. 60.)]-This will be in the General Form, No. 11 (C.), ante, p. 27. 3. Convicting Warrant of Commitment. day of at To the constables of the borough of T., in the county of C., and to the keeper of the common gaol at B., in the said county. Whereas on the day of last complaint was made, &c. [recite complaint, No. 1, supra, to the end, and then :] and now at this day, to wit, on the in the said borough, the said parties, that is to say, the said J. T., for and on behalf of the said council, and the said A. B., in pursuance of a warrant in this behalf duly granted by the said justices, appear before us J. S. and J. L., Esquires, two of her Majesty's justices of the peace for the said borough, and now having heard the matter of the said complaint, and the several allegations therein having been now duly proved to us on oath, we do adjudge the said complaint to be true: These are therefore to command you the said constable of to take the said A. B. and him safely convey to the common gaol at B. aforesaid, and there to deliver him to the keeper thereof, together with this precept: and we do hereby command you the said keeper of the said common gaol to receive the said A. B. into your custody in the said common gaol, there to imprison him, without bail, until he shall deliver up the said [or shall have paid the said sum of —, or rendered the said account] or give satisfaction in respect thereof to the said council or to the said J. T.; and for so doing this shall be your sufficient warrant. Given under our hands and seals, this day of in the year of our Lord at in the borough of T. aforesaid. [Justices' signatures and seals.] DISSENTERS. Certificate of having taken the Oaths. County of (Given in 52 Geo. 3, c. 155.) I, J. P., Esquire, one of her Majesty's justices of the peace for the said county of 19 do hereby certify that C. D, of did this day appear before me, and did make and take and subscribe the several oaths and declaration contained and specified in an act made in the fifty-second year of the reign of King George the Third, intituled "An Act to repeal certain Acts in the county of and amend other Acts relating to religious Worship and Assemblies, and J. P. Oke's Synop. 2nd ed. pp. 387 -392. Adapted from 3 Burn's Jus., FRIENDLY SOCIETIES. held at 1. Statement of Complaint on the Conviction against Person obtaining Money from the Society by Fraud. (10 Geo. 4, c. 56, s. 25 (a).)]— for that he the said A. B., on the day of, at the parish of in the county aforesaid, did by a certain false representation [or imposition], to wit, by then and there falsely representing [here describe the false representation as in the act], fraudulently obtain possession from one C. D., being the treasurer of a certain friendly society called in the said county (established and held under and by virtue of the statutes in that case made and provided, and respectively made and passed in the tenth year of the reign of his late Majesty King George the Fourth, and in the fifth year of the reign of his late Majesty King William the Fourth, the rules, orders and regulations of which society have been confirmed and filed according to the provisions of the statutes in that case made and provided) the sum of -, part of the monies of the said society, whereas in fact [here negative the representation], and that no especial provision is made for such offence in the rules of the said society, contrary, &c. 52. 2. 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, pp. 50 —– The double amount adjudged may be described, after stating the total amount, as being double the amount of the said monies so obtained [or withheld] by the said A. B. as aforesaid." 3. Complaint of Member where Dispute referred to Arbitration, and either Party does not conform thereto.` (Id. s. 27.)]—Proceed as in the General Form No. 1, ante, p. 23, describing the justice as "residing in the same county," and then: that he the said C. D. is a member of a certain friendly society called, &c. [here copy the portions between the asterisks - in the Form No. 1, supra]: +that by the rules and regulations of the said friendly society it was and is specified that a reference of every matter in dispute between the said society, or any person acting under them, and any individual member thereof, or any person claiming on account of any member, should and shall be made to arbitrators to be appointed according to the provisions of the said first-mentioned statute, that a certain matter of dispute, that is to say, whether, &c. [state shortly the matter in dispute], did on &c., at &c., arise between the said society [or E. F., a person acting under the said society], and the said C. D. [complainant], then being such member thereof as aforesaid, [or G. H., a person claiming as executor of the said C. D. and on his account]; and that such matter in dispute was on the said at &c., referred to arbitration, according to the said rules and regulations and the said statute, to certain arbitrators, that is to say, J. K., K. L., M. N. and O. P., then and there named, chosen and elected by the said society, according to the said act, and not being then or at any other time beneficially interested, directly or (a) This Form was omitted from Chap. 2 of Part I. (Summary Convictions and Orders.) indirectly, in the funds of the said society, and the names of the said arbitrators being then and there duly entered in the book of the said society, in which the rules were entered according to the said statutes, and that the said J. K., K. L. and M. N. then and there took upon themselves the burthen of the said arbitration, and being the major part of the said arbitrators, did on the [date of award], at the parish aforesaid, in the county aforesaid, make their award in writing, bearing date that day and year, of and concerning the matters so referred to them as aforesaid, and as such arbitrators did then and thereby award and order that R. S. should, on &c., pay to the said C. D. the sum of [according to the award], and of which said award the said R. S. then and there had notice; that the said C. D. afterwards, on the day and year last aforesaid, there required the said R. S. to pay him the said sum of —, according to the said award and decision, and comply with and conform to the said award and decision, which the said R. S. then and there wholly neglected and refused to do, and still neglects and refuses so to do, and the said sum of still remains wholly due and unpaid from the said R. S. to the said C. D. 4. Summons thereon. day of To Mr. R. S., treasurer, &c. [according to the fact] of the friendly society called - at in the county of Whereas complaint upon oath hath this day been made before to wit.the undersigned, one of her Majesty's justices of the peace acting in and for and residing in the said county of by C. D., of &c., a member of your society, that on the last I. J., K. L. and M. N., being the major part of certain arbitrators duly appointed by the said society, did make their award in writing of and concerning certain matters in difference, and duly referred to them, and by which said award they did award and order that you the said R. S. should, on &c., pay to the said C. D. the sum of, and that you have refused to comply with the said award: These are therefore [&c. conclude as in General Form No. 8 (A), ante, p. 26.] 6. Order of two Justices thereon.]-Proceed us in the General Form No. 44 (K. 1), ante, p. 42, to the adjudication, and then say :—and thereupon we do order and adjudge, by virtue of the statute in that behalf, that the said R. S. do pay, &c. [according to the arbitrator's award, as the justices may think fit]: and we do also award and adjudge the said R. S. also to pay to the said C. D. the sum of ten shillings for his costs in this behalf, according to the said statute: and if &c. [follow to end of Form No. 44 (K. 1), ante, p. 42.] 7. Forms to be used in enforcing Order No. 6.]-Distress Warrant, &c. No. 66 (N. 2)-71, ante, pp. 57-59. on the 8. Complaint of Member excluded, &c. where such Disputes__referred by Rules to Justices. (Id. s. 28.)]—Proceed to the in Form No. 3, supra, then :—and that at a meeting of the said society held at the day of -, he the said C. D. was by the members then and there present unjustly, illegally, and contrary to the rules of the said society, excluded from the said society and all benefit which he hath a right to claim therefrom § (a), and that by the rules of the said society it is directed that any matter in dispute shall be referred to her Majesty's justices of the peace acting for the said county [or as the cause of complaint (a) Referred to in Form 14, post. Adapted from may be]: and the said C. D. prayeth redress in the premises, and that G. H. and I. K., the stewards of the said society, may be summoned to answer the said complaint pursuant to the statute in such case made and provided. 9. Summons to the Stewards.]-This will be similar to Form No. 4, ante, p. 429. 10. Award or Adjudication of Justices upon Complaint No. 8, supra, To G. H. and I. K., stewards of the friendly society called - Be it remembered, that, &c. [as in the General Form of to wit. Order No. 44 (K. 1), ante, p. 42, to the adjudication, and then say] and thereupon we do order and adjudge, by virtue of the said statute, that the said C. D. be forthwith re-admitted into the said society, and into all the benefits and advantages arising therefrom; and we do order and require you G. H. and I. K., the stewards of the said society, forthwith to re-admit the said C. D. into the said society, and unto all the benefits arising therefrom accordingly. [Variation, if the justices award a sum in default: and we do further award, order and adjudge, that, in default of such re-instatement of the said C. D. as aforesaid, you the said stewards of the said society do and shall forthwith thereafter pay to the said C. D. the sum of and we do order and require you to pay the said sum unto the said C. D. accordingly,] [or that the said C. D. be expelled from the said society.] Given under our hands and seals, this — day of our Lord at in the county aforesaid. in the year of [Justices' signatures and seals.] 11. Complaint for disobeying the last Order in not paying the Amount adjudged in Default of Re-instatement. (Id. ss. 27, 28(a))]—Proceed in the General Form No. 1, ante, p. 23, describing the grounds of complaint thus:-that he the said C. D. was a member of a certain Friendly Society called, &c. [here copy the portions between the asterisks ** in the Form No. 1, ante, p. 428, and then :] that a meeting, &c. [then follow to the asterisk* in Form No. 8, supra, then:] that by the award and adjudication in writing under the hands and seals of J. S. and J. L., Esquires, two of her Majesty's justices of the peace for the said county, bearing date the day of instant (duly made after a summons to G. H. and I. K., the stewards of the said Friendly Society, to answer a certain complaint of the said C. D., stating the matters above set forth), it was ordered and adjudged, by virtue of the said statute, that the said C. D. be forthwith re-admitted into the said society, and unto all the benefits and advantages arising therefrom; and they the said justices did thereby order and require the said G. H. and I. K., the stewards of the said society, forthwith to re-admit the said C. D. into the said society, and unto all the benefits arising therefrom accordingly: And the said justices did thereby further award and adjudge, &c. [state it as in the order, Form No. 10, supra, then :] that a copy [or duplicate] of the said award (a) Vide Hammond v. Bendyshe et al., 13 J. P. 444; The Magist. vol. i. No. 13, p. 187; 18 Law Journ. Rep. (N. S.), M. C. p. 219. |