Oke's Synop. 2nd ed. pp. 397, 398. you have deserted and left the same premises unoccupied, so that no sufficient distress can be had to countervail the said arrears of rent: We the said justices (having no interest in the said demised premises), at the request of the said C. D., have this day come upon and viewed the said demised premises, and do find the said complaint to be true; and on the day of this present month of we will return to take a second view thereof, and if upon such second view you, or some person on your behalf, shall not appear and pay the said rent in arrear, or there shall not be sufficient distress on the said premises, we the said justices shall put the said C. D. into the possession of the said demised premises, pursuant to the statute in that case made and provided. Witness our hands, this - day of, in the year of our Lord 6. Record of Possession. Be it remembered, that on the [Justices' signatures.] 1 day of —, in the year to wit. of our Lord, C. D. of, &c. complained unto us, the undersigned, two of her Majesty's justices of the peace for the county of for that [here recite the complaint No. 4, supra]: Whereupon we, the said justices, at the request of the said C. D. (and not having any interest in the said premises), on the day of last, did personally go upon and view the said demised premises, and then and there did find the said complaint to be true, and did there and then affix on the most notorious part of the said demised premises, to wit, [upon the front door of the messuage thereto belonging] a notice in writing under our hands, directed to the said A. B., that we the said justices, on this present day of ——, would return and take a second view thereof: And having so returned and taken a second view of the said premises, according to the said notice, and he the said A. B. not appearing, nor any person on his behalf, to pay the said rent in arrear, and there being no sufficient distress upon the said premises to countervail such arrear of rent: We the said justices do hereby certify and declare that we have this day put the said C. D. into the lawful possession of the said demised premises, pursuant to the statute in that case made and provided. Given under our hands and seals, this in the year of our Lord day of [Justices' signatures and seals.] 7. Complaint on Oath to ground Warrant to aid in Search for Goods. (11 Geo. 2, c. 19, s. 7.)]-Proceed in the General Form No. 1, ante, p. 23, and then :-that certain goods and chattels of A. B., of, &c., have been within thirty days last past fraudulently and clandestinely conveyed and carried away from situate and being in the parish of ——, in the county of by the said A. B., his servant or servants, agent or agents, or other person or persons aiding or assisting therein to prevent the said C. D. from distraining the said goods and chattels for arrears of rent due from the said A. B. to the said C. D. for the said - And that the said goods and chattels are put, placed and kept in the house, barn, stable, outhouse, yard, close or other place of E. F., situate and being in in the parish of, within the said county of locked, fastened, or otherwise secured, so as to prevent the said goods and chattels from being taken and seized as a distress for arrears of rent; and that the said C. D. hath a reasonable ground to suspect and doth suspect that the said goods and chattels are in the said house, barn, stable, outhouse, yard, close or other place of the said E. F. 8. Warrant thereon to aid and assist. Oke's Synop. 2nd ed. To all constables and other her Majesty's officers of the peace whom Pp. 397, 398. these may concern. Wherereas C. D. of, &c., hath this ex day of to wit.hibited his complaint and made oath before me, the undersigned, one of her Majesty's justices of the peace for the said county of that certain goods. &c. [recite complaint]: These are therefore to command you, and each and every of you, to aid and assist the said C. D., his steward, bailiff, receiver or other person or persons empowered to take and seize as a distress for rent the said goods and chattels, in the day time to break open and enter into the said house, barn, stable, outhouse, yard, close or other place of the said E. F., at aforesaid, and to take and seize the said goods and chattels for the said arrears of rent, according to law. Given under my hand and seal, this day of - at in the county aforesaid. J. S. (L. s.) in the year of our Lord LIGHTING AND WATCHING ACT. 1. Justices' Certificate of Constable appointed by the Inspectors having taken the Oath of Office. (3 & 4 Will. 4, c. 90, s. 42.) County of I hereby certify that I. N. hath this day been duly sworn in as a constable of the parish of in the said county, to wit. Sbefore me, the undersigned, one of her Majesty's justices of the peace for the said county of, in the same county, in pursuance of an act passed in a session of parliament held in the third and fourth years of the reign of his late Majesty King William the Fourth, intituled, "An Act to repeal an Act of the Eleventh Year of his late Majesty King George the Fourth, for the Lighting and Watching of Parishes in England and Wales and to make other Provisions in lieu thereof," the said parish of [or district of the said parish of —], having adopted the said first-mentioned act, so far as relates to watching, and the said J. N. having been appointed a watchman [or patrol, or serjeant of the watch] of the said parish, by the persons duly elected as inspectors under the provisions and for the purposes of the said act. Dated this day of N.B. The oath would be the same as for parochial constables, Form County of 2. Allowance of Inspector's Annual Accounts. (Id. s. 19.) The foregoing accounts were verified on the oaths of and, two of the inspectors of the parish of to wit. in the said county, before us, the undersigned, two of her Majesty's justices of the peace for the said county, at in the same county, this day of -, in the year of our Lord J. S. J. I.. 3. Recovery of Rates for Lighting or Watching. (Id. s. 33.)—These will be recovered in the same manner and by the same forms as other parochial rates. Vide Forms under 12 Vict. c. 14, in tit. " Rates," post. which will require this variation, instead of "to the relief of the poor, &c." say, "under the provisions of the statute commonly known as the Lighting and Watching Act, adopted by the said parish [or a part or district of the said parish wherein the said resides, or is liable to be rated], so far as respects lighting [or watching, as the case may be]. day of 4. Complaint of Treasurer or Inspector against Overseers for not paying Amount of Inspector's Order. (Id. ss. 38, 32.)]-Proceed to the first asterisk in Form No. 1, ante, pp. 23-24, and then :-that the said [or a part or district of the said] parish of have duly adopted the provisions of the act passed, &c. [title, &c. of act in Form No. 1, supra], so far as respects lighting [or watching]: That the said complainant, C.D., is the treasurer of the said inspectors [or one of the inspectors] duly appointed [or elected] under the said act, and now acting as such in the said parish of That the said inspectors [or I. K., or K. L., two of the said inspectors] duly made and issued an order in writing under their hands, pursuant to the statute aforesaid, bearing date the last, and directed to the overseers of the poor of the said parish of whereby the said overseers were required to collect and levy, pursuant to the said act, the sum of being the amount they were authorized to call for in the year commencing on and ending on - for the purposes of carrying into effect the provisions of the said act [or such of the provisions of the said act as relates to lighting or watching], and to pay the same to C. D., the [said] treasurer of the said inspectors, within three calendar months from the delivery of the said order to one of the said overseers: That the said order was duly served upon A. B., E. F., and G. H., then and still being the overseers of the poor of the said parish: And that the said overseers have neglected to pay the said sum to the said C. D., and the same is now in arrear. 5. Summons thereon.This may be in the General Form No. 8 (A), ante, p. 26, reciting complaint No. 4, supra. 6. Distress Warrant upon Goods of Overseers. To the constables of the parish of County of and Whereas [&c., recite complaint No. 4, supra, to the end, then] and now at this day, to wit, on the - at the in day of in the to wit. in the year of our Lord said county of , the parties aforesaid, before us, J. L. and J. P., Esquires, two of her Majesty's justices of the peace in and for the same county: [or if overseers do not attend, say: the said C. D., the said treasurer [or inspector], appears before us &c., but the said A. B., E. F., and G. H., although duly called, do not, nor doth either of them, appear by themselves or himself, then or his counsel or attorney, and it is now satisfactorily proved to us on oath that the said A. B., E. F., and G. H. have been severally duly served with the summons in this behalf issued by the justices first named, which required each of them to be and appear here at this day before such justices of the peace for the said county as should now be here, to answer the said complaint, and to be further dealt with according to law]: And now having heard the matter of the said complaint, and it appearing to us upon due proof in this behalf that the said complaint before recited is true, and that the said sum of money has not been paid, and the said A. B., E. F., and G. H. not showing to us any sufficient cause why the same should not be levied upon their, or either of their, goods and chattels, according to the statute aforesaid: These are therefore &c. [follow to end of General Form No. 66, ante, p. 57.] 7. Complaint against Treasurer and Officers neglecting to account. (Id. s. 26.)]-As this clause is similar to that in the Highway Act, 5 & 6 Will. 4, c. 50, s. 38, the Forms under this title may be readily framed from those in tit." Highways:" For not rendering Account Books, &c. Form No. 5, ante, p. 124. LOAN SOCIETIES. Oke's Synop. 2nd ed. 1. Complaint of Amount due on Notes. (3 & 4 Vict. c. 110, s. 16; 12 & 13 Vict. c. 37.)]—Proceed in the General Form No. 1, ante, pp. pp. 398, 399. 23, 24, to the first asterisk*, then :-that he, the said complainant, C. D., is the treasurer [or duly appointed to make this complaint by the treasurer] of a certain loan society called - held at —, in the said county of —, inrolled under and by virtue of a certain act of parliament, intituled “An Act to amend the Laws relating to Loan Societies," and now in force: That A. B. of &c. on the day of - last, in the parish of aforesaid, did fail to make full payment in money to the said C. D. as such treasurer, of the sum of -, being part of the sum of- lent and advanced to and secured by note bearing date the day of, entered into by the said A. B. and to the said treasurer of the said society, demand in writing having been duly made on the said A. B. for the said sum of —, previous to the said day of -, by [or on behalf of] the said C. D. as such treasurer of the said society, contrary to the said statute. 2. The succeeding Forms will be as the general ones in Chap. I. of Part I., viz. Summons, No. 8 (A), ante, p. 26; Order, No. 44 (K. 1), ante, p. 42; Distress Warrant, No. 66 (N. 2), ante, p. 57; and Commitment in Default, No. 71, ante, p. 59. LUNATICS Oke's Synop. 2nd ed. 1. Order for the Reception of a Pauper Patient. (Given in Schedule (D) to 8 & 9 Vict. c. 100.) With Statements, and Medical Certificate to PP. 399–401. accompany it. (S. 48.)]-We, the undersigned, having called to our assistance a physician [or surgeon, or apothecary, as the case may be], not being the medical officer of the parish or union to which the said A. B. belongs, and having personally examined A. B., a pauper, and being satisfied that the said A. B. is a lunatic [or an insane person, or an idiot, or a person of unsound mind], and a proper person to be confined, hereby request (a) you to receive the said A. B. as a patient into your house [or hospital]. is Subjoined is a statement respecting the said A. B. A justice of the peace for the city or borough of or an (a) In the Form No. 3, post, given in the 8 & 9 Vict. c. 126, the word used "" direct." G G I certify that to the best of my knowledge the above particulars are correctly stated. [To be signed by the relieving officer or overseer signing the order.] Dated this day of one thousand eight hundred and forty—. To, proprietor [or superintendent] of, [describing the house or hospital by situation and name, if any.] MEDICAL CERTIFICATE. I, G.H., being a physician [or surgeon or apothecary], "duly authorized to practise as such," (b) hereby certify that I have this day personally examined A. B., the person named in the statement and order, and that the said A. B. is a lunatic [or an insane person, or an idiot, or a person of an unsound mind], and a proper person to be confined. (Signed) G. H. [Place of abode]. one thousand eight hundred and forty—. 2. Justices' Order to bring up a Lunatic. (8 & 9 Vict. c. 126, s. 48.) of the parish of in the county of in which the parish of Whereas notice hath been this day given unto me, I. S., to wit. Esquire, one of her Majesty's justices of the peace in and for the county of hereinafter mentioned, is situate, by I. K., relieving officer of the N. union [or one of the overseers of the poor of the parish of, in the county of], that within three days next before the giving of such notice he had obtained knowledge that A. B., of. -, in the parish of , in the said union and county of and chargeable to the parish of in the said union and county of was deemed to be lunatic: I the said justice do thereupon, and pursuant to the statute in such case made and provided, hereby order and require you the said relieving officer [or overseer] to (a) The word "with" is omitted in the Form No. 3, post, given in the 8 & 9 Vict. c. 126. (b) In the form of medical certificate given in the Schedule (E 1.) to the 8 & 9 Vict. c. 126, these words "duly authorized, &c.," are expanded, and the meaning given. [Vide Medical Certificate in No. 3, p. 451.] |