such wages, the sum of -(a), and that the said A. B. doth refuse to where his business is carried on, and where the said 2. The Summons to the master will be in the General Form No. 8 (A), ante, p. 26, and Warrant of Disobedience, No. 10 (B), ante, p. 26. 3. Order for Payment. (20 Geo. 2, c. 19, s. 1; 4 Geo. 4, c. 34, s. 5.)] -This will be in the General Form No. 44 (K. 1), ante, p. 42. 4. Forms for enforcing Order.]—Minute of order to be served, No. 60, ante, p. 54; Distress Warrant, No. 66 (N. 2), ante, p. 57; Commitment where Distress would be ruinous, No. 67, ante, p. 58; Commitment for want of Distress, No. 71, ante, p. 59. N. B. The Forms relating to arbitrations between masters and their Oke's Synop. 2nd ed. pp. 401, 402. MUTINY. 1. Swearing in Recruits, or Discharge on paying Smart.]-The Forms Id. are furnished by the officer or serjeant of the regiment, and may be found in the Annual Army Mutiny Act (12 Vict. c. 10.) 2. Information to a Justice that Person apprehended is a Deserter. (12 Vict. c. 10, s. 46.) to wit.} day of - who upon The information of C. D., of &c., taken upon oath this in the year of our Lord one thousand eight hundred and -, before me the undersigned, one of her Majesty's justices of the peace for the said - of his oath saith, that A. B., who is now brought before me, is a deserter from her Majesty's regiment of -, contrary, &c. And the said C. D. thereupon prays that the said A. B. may be dealt with according to law. Before me J. S. 3. Commitment of Deserter to Gaol. (Id.) C. D. To the keeper of the common gaol [or house of correction] at in the said Receive into your custody in the said [common gaol], and there to wit. safely keep until delivered by due course of law, the body of A. B., brought before me the undersigned, one of her Majesty's justices of the peace in and for the said, by C. D., and before me the said justice, on the oath of [the said] C. D., a credible witness [as well as upon his own voluntary confession] found to be a deserter from her Majesty's regiment of —; and you the said keeper are to receive the subsistence (a) The sum due must not exceed £10 to a servant in husbandry, or £5 to other servants. Oke's Synop. 2nd ed. p. 402. of the said A. B. as a soldier in the said regiment, for his said maintenance at in the J. S. (L. s.) 4. Return given in Schedule to Act. (12 Vict. c. 10.) on the day of as a deserter from the regiment of I do hereby certify that the prisoner has been duly examined before me as to the circumstances herein stated, and has declared in my presence that he ["is" or "is not," as the case may be] a deserter from the before mentioned corps. Signature and Address of Magistrate. Signature of Informant. I certify that I have inspected the prisoner and consider him ["fit or "unfit," as the case may be; and if unfit, state the cause of unfitness] for military service. Signature of Military Medical (a) It is important for the public service, and for the interest of the deserter, that this part of the return should be accurately filled up, and the details should be inserted by the magistrate in his own handwriting, or, under his direction, by his clerk. The following has been sent from the War Office to Magistrates' Oke's Synop. Clerks with the above Form of Return :— 2nd ed. p. 402. The Attention of the Committing Magistrate is particularly requested to the following Memorandum. 1. The particulars given in evidence before the magistrate relating to the apprehension or surrender of the deserter should be fully stated, in order that the Secretary at War may be enabled to decide whether any and what reward should be given for the apprehension; or whether the deserter is entitled to a favourable report of his case to his commanding officer if he shall have voluntarily surrendered; or, if having been apprehended, he shall have confessed his desertion. 2. If a military medical officer be at or near the place, he will inspect the deserter, and report as to his fitness, or unfitness, for military service; and if the deserter be considered unfit, the cause of his unfitness must be specified; if there be no military medical officer at or near the place, the deserter should be, in like manner, inspected and reported upon by a private medical practitioner, to whom a fee of 2s. 6d. may be paid by the gaoler, to whose custody the deserter may be committed. 3. The fee upon the commitment of a deserter is 2s., which may also be paid by the gaoler. 4. The subsistence of a deserter, while in custody, is 6d. a day; this sum, and the fees to the private medical practitioner, and to the magistrate's clerk, will be repaid to the gaoler by the escort. 5. Magistrates are particularly requested to transmit to the Secretary at War, with the least possible delay after the commitinent of a deserter, a Description-Return, upon this form, properly filled up, in order that the man may not be unnecessarily detained in civil custody. War Office, 25th April, 1839. L. SULIVAN. 5. Extension of a Furlough by one Justice. (12 Vict. c. 10, s. 50.) Whereas A. B., a private in her Majesty's regiment of to wit. S -, now absent from his said regiment on furlough, hath this day made oath before me the undersigned, one of her Majesty's justices of the peace in and for the said of that he is unable to travel on account of sickness [or has produced a certificate from R. F., surgeon, stating that he is unable to travel by reason of sickness], and hath for that reason applied to me to extend his said furlough for [not exceeding one month] from the date hereof: Now I the said justice, finding it necessary, from the facts so stated and proved, to extend the said furlough, do hereby extend the same for the space of from the date hereof, pursuant to the statute in that case made and provided. Given under my hand and seal, this day of 185-, at 6. Letter certifying same to the Commanding Officer of the Corps if known, or Agent of the Regiment. (Id.) To -. Sir, I beg to inform and certify to you that I have this day extended the furlough of A. B., a private in her Majesty's regiment of for the space of from the date hereof, the cause thereof being that the said A. B. is unable to travel on account of sickness [or that the said Oke's Synop. 2nd ed. p. 402. Id. pp. 402409. A. B. has produced a certificate from R. F., surgeon, stating that be is unable to travel by reason of sickness.] I am, sir, your obedient servant, J. S. of The Forms as to apprentices enlisting will be found at p. 401, Nos. 17, 18, tit. " Apprentices.' NUISANCES REMOVAL, AND DISEASES PREVENTION. 1. Notice by Two Householders to Guardians. Vict. c. 123) (a). To the town council of the borough of poor of the inhabitants (b) of [insert the parish or We, the undersigned place], and residing at in [insert the parish or place before mentioned] aforesaid, do hereby give you notice, that to the best of our knowledge and belief a dwelling-house [or building] situate at No. in street in- aforesaid [or such other description as may be sufficient to identify the premises] is in such a filthy and unwholesome condition as to be a nuisance to [or injurious to the health of A. B. or as the case may be]. [or that upon certain premises, situate at [inserting such a description as may be sufficient to identify the premises], there is a foul and offensive drain, ditch, gutter, privy, cesspool, or ashpit, or a drain, &c. kept or constructed so as to be a nuisance to us, or to the occupiers of the premises adjoining the premises aforesaid, or as the case may be.] [or that upon certain premises, situate at, &c. swine, or an accumulation of dung, manure, offal, filth, refuse, or matter, or as the case may be, are or is kept so as to be injurious to our health, or to the health of A. B., or of the occupiers of the premises adjoining the premises aforesaid, or of persons living in the neighbourhood, or of the persons living in the premises aforesaid, or as the case may be.] [or that upon certain premises, &c. swine, &c. are kept so as to be a nuisance to us, &c. as the case may be.] And we hereby required (c) that you will cause such proceedings to be taken as are directed in this behalf by the "Nuisances Removal and Diseases Prevention Act, 1848." Dated this day of 2. Certificate by Medical or Relieving Officer of Existence of Nuisance. (12 & 13 Vict. c. 111, s. 6.) To the guardians of the poor of the union, [or of the parish of or directors, wardens, or governors in the county of or overseers of the parish of or trustees or commissioners for the drainage, paving, lighting, or cleansing, or managing or directing the police of as the case may be.] I the undersigned R. F., being a medical [or relieving] officer of the (a) In this and the other Forms given in the Schedules to 11 & 12 Vict. c. 123, the variations applicable to Scotland have been omitted. (b) Inhabitant householders are meant (see sect. 1.) (c) Sic in act. union, do hereby certify, that to the best of my knowledge and belief Oke's Synop. a dwelling-house [&c. describe the nuisance as in the Form No. 1, supra.] Dated this day of 185-. 3. Notice of Entry by Public Authorities. To the owner and occupier of the premises [or building] reputed to be in the occupation of street in the parish of No. in 2nd ed. PP. 402-409. R. F. dwelling-house or [or such other description as may be sufficient to identify the premises], and to all whom it may concern. Whereas the guardians of the poor of the union [or of the to wit. parish of, in the county of, or as the case may be] have received a certificate in writing, dated the day of and signed by R. F., one of the medical [or relieving] officers of the said union [or parish] [or received a notice in writing in the form contained in the Schedule (A) to the "Nuisances Removal and Diseases Prevention Act, 1848," dated the - day of signed by two inhabitant householders of the parish of in the said union,] stating that to the best of the knowledge and belief of such officer [or to the best of their knowledge] the said premises [or dwelling-house or building] then was in such a filthy and unwholesome condition as to be a nuisance to [&c. describe the nuisance as in the Form No. 1, supra]: And whereas a committee of the guardians [or parish] has been duly appointed by the said guardians [or parish] under the "Nuisances Removal and Diseases Prevention Act, 1848," for the purpose of taking all such proceedings and doing. all such things on their behalf as may be done by a committee appointed under the said act: Now therefore, the said committee of the guardians of the poor of the said union [or parish] do hereby give you notice that at the expiration of twenty-four hours after the delivery or affixing hereof, as directed by the said act, or as soon after as conveniently may be, they will, by themselves, their servants or agents, with or without medical or other assistants, enter the said premises [or dwelling-house or building] and examine the same with respect to the matters alleged in the said certificate [or notice] according to the said statute in this behalf, unless in the meantime it be shown to the satisfaction of the said committee of the said guardians [or parish] that the said certificate [or notice] is without foundation [or that the matters complained of have been removed or abated.] day of in the year of our Lord Dated the By order of the said committee of the guardians of the poor of the said union [or parish]. Clerk. 4. Notice by a Committee, appointed for the Purpose, of intended Entry. To [&c. as in Form No. 3, supra.] Whereas [recite certificate or notice as in Form No. 3, supra]: Now take notice, that we the undersigned, being a committee of the said guardians [or parish] duly appointed in this behalf, will, at the expiration of twentyfour hours after the delivery or affixing hereof as directed by the said act, or as soon after as conveniently may be, by ourselves, or our servants or agents, with or without medical or other assistants, enter upon the said dwelling-house [or building] and premises, and examine the same with respect to the matters alleged in the said certificate_[or notice]. Dated the day of, in the year of our Lord H H [Signatures.] |