Oke's Synop. 2nd ed. p. 415. porated by an act of parliament, intituled [here insert the title of the special act], and on production of the subscription deeds of the said company, do hereby, by virtue and in pursuance of the authority vested in us by the said act, certify that the whole sum of - [here insert the capital of the company], being the prescribed capital of the said company as provided by the said act, has been subscribed for by persons under a contract binding themselves, their heirs, executors and administrators, for the payment of the several sums by the said persons respectively subscribed. Given under our hands, this day of, in the year of our Lord J. S. J. L. Id. p. 416, 417. 3. Nomination of a Surveyor to value Lands purchased from Parties under Disability. (8 Vict. c. 18, s. 9.)]—Vide Form in Hodges' Work on Railways, p. 267, Appendix. 4. Order on Railway Company for Payment of Special Constables. (1 & 2 Vict. c. 80, s. 1.) To M. N., having the control or custody of the funds of the railway company. County of Whereas on the day of last, J. S. and J. P., Esquires, two of her Majesty's justices of the peace in and to wit. for the county of, usually acting for the division of ——, in the same county, in which the parish of and adjoining parishes, in the neighbourhood of the works of the said railway company, then and now in progress, is situate, did, in pursuance of an aet made and passed in the session of parliament held 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," [and of a certain other act made and passed in the session of parliament held in the fifth and sixth years of the same reign, intituled "An Act for enlarging the Powers of Magistrates in the Appointment of Special Constables,"] by precept in writing under their hands, nominate and appoint J. N., J. O. and W. S, resident householders of the said parish of —, in the neighbourhood of the said railway works, to act as special constables for the said parish of and adjoining parishes in the neighbourhood of the said works, for the preservation of the public peace, and for the protection of the inhabitants, and security of the property within the same, for the period of [three] calendar months from the day of the date thereof: And whereas the oath in such case made and provided was on the day and time aforesaid duly administered by the justices aforesaid to the said J. N., J. O. and W. S., and they accordingly took upon themselves the execution of the said office: And whereas it hath been made to appear to us the justices aforesaid [or J. L. and J. M., Esquires, two of her Majesty's justices of the peace in and for the county aforesaid], usually acting for the division aforesaid, on the oath of three credible witnesses, to wit, L. M., N. O. and P. Q., that the appointment of the said special constables as aforesaid was occasioned by the behaviour and by reasonable apprehension of the behaviour of the persons employed upon the said railway works: Now we, the justices lastly above named, having duly examined into the premises, do hereby, in pursuance of an act made and passed in the session of parliament, held in the first and second years of the reign of ber present Majesty, intituled "An Act for the Payment of Contables for keeping the Peace near Public Works," order you the said M. N., having railway company, to Oke's Synop. 2nd ed. the controul or custody of the funds of the said pay to the said J. N., J. O. and W. S., the sum of loss of time and expenses incurred by them in serving as such special pp. 416, 417. constables, from the last, to the day of instant, the same being such reasonable allowances for the same as to us the said justices seem proper. day of Given under our hands and seals, at the county aforesaid, this day of - 1850. in the division and [Justices' signatures and seals.] N.B. If this order be not made within a month after the appointment of the constables, one must be made on the county treasurer in the usual form, adding at the second asterisk* in the Form No. 2, tit. "Constables (Special)," ante, p. 361, the following words: "no order having been made upon the treasurer or other officer having the controul or custody of the funds of the company making the said railroad for payment of the said allowance, by virtue of the statute in that behalf made and provided." RATES. FORMS IN THe Schedule To 12 VICT. c. 14. 1. Complaint of the Overseers or Surveyors against one Rate-payer. (A. 1.) and on in and of] made on the day of in the year the sum of hath not paid the same or any part thereof, but hath refused so to do; wherefore the said [churchwardens and overseers, or surveyors], by C. D. aforesaid, pray that the said A. B. may be summoned to appear before two of her Majesty's justices of the peace, to show cause why he hath not paid and refuses to pay the said sum. 2. Complaint against several Rate-payers. (A. 2.) Be it remembered, that on the day of C. D. in the year to wit. of our Lord , the [churchwardens and overseers of the poor, or the surveyors of the highways] of the parish of —, in the [county] of aforesaid, by C. D., one of the said [overseers, or surveyors], complain to the undersigned [one] of her Majesty's justices of the peace in and for the said [county], that the several persons whose names are mentioned and set out in the schedule hereunder written, being persons duly rated and assessed to [the relief of the poor, or the maintenance of the highways] of the said parish, in and by the rates in the said schedule mentioned, in certain sums set down opposite to their respective names in the said schedule, have not respectively paid the said sums or any part thereof, but have respectively refused so to do: wherefore the said [churchwardens and overseers, or surveyors], by C. D. aforesaid, pray that the said several persons may respectively be summoned to appear before two of her Majesty's justices of the peace, to show cause respectively why they have not paid and refuse to pay the said sums respectively. Whereas complaint hath this day been made before the undersigned, [one] of her Majesty's justices of the peace in and for the [county] of by the [churchwardens and overseers of the poor, or surveyors of the highways] of the parish of - in the said [county], that you, being a person duly rated and assessed to [the relief of the poor, or the maintenance of the highways] of the said parish, in and by a rate made on the day of, 18-, in the sum of — hath not paid the same or any part thereof, but hath refused so to do: These are therefore to command you, in her Majesty's name, to be and appear on ——, at o'clock in the forenoon, at —, before such two or more justices of the peace for the said [county] as may then be there, to show cause why you have not paid and refuse to pay the same, otherwise you shall be proceeded against by default as if you had appeared, and be dealt with according to law. Given under my hand and seal, this day of in the [county] aforesaid. our Lord at " in the year of E. F. Take notice that you have already incurred the under-mentioned costs, viz.: If the amount of these charges, together with the rate claimed, be paid to the overseer [or surveyor] before the day on which the summons is returnable, all further proceedings will be stopped. 4. Warrant of Distress against one Rate-payer. (C.1.) stable of To the overseers of the poor [or to the surveyors of the highways] of the parish of —, in the [county] of - and to the conand to all other peace officers in the said [county]. Whereas on last past a complaint was made before E. F., one of her Majesty's justices of the peace in and for the [county] of [churchwardens and overseers of the poor, or surveyors of the highways] of the parish of in the said [county], that A. B., being a person duly rated and assessed to the relief of the poor [or to the maintenance of the highways] of the said parish in and by a rate made on in the sum -, by the of -, had not paid the same or any part thereof, but had refused so to do; and now at this day, to wit, on—, at the parties aforesaid appear before us the undersigned, two of her Majesty's justices of the peace in and for the said county [or the said churchwardens and overseers, or surveyors, by C. D., one of the said overseers, or surveyors, appear before us the undersigned, two of her Majesty's justices of the peace in and for the said county; but the said A. B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to us on oath that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such two or more justices of the peace 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 being now duly proved to us upon oath [in the presence and hearing of the said A. B.], that an assessment for the [relief of the poor, or the maintenance of the highways] of the said parish of, and for other purposes chargeable thereon according to law, dated the was duly made, allowed and published, and that the said A. B. is therein and thereby assessed at the sum of aforesaid; [and that a certain other assessment for the relief, &c., if there be arrears,]* (a) and that the said sum hath been duly demanded of the said A. B., but that he hath not paid, and hath refused and still refuses to pay the same; and the said A. B. now not showing to us any sufficient cause for not paying the same: These are therefore to command you, in her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B.; and if within the space of [five] days after the making of such distress the said sum, and the sum of for the costs incurred by the said [churchwardens and overseers, or surveyors] in obtaining this warrant, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale you retain the said sums of - and —, rendering the overplus, on demand, to the said A. B., the reasonable charges of taking, keeping and selling the said distress being first deducted; and if no such distress can be found, that then you certify the same unto us, to the end that such further proceedings may be had herein as to the law doth appertain. Given under our hands and seals, this day of in the year of our Lord in the county aforesaid. at (a) Referred to in Form No. 9, post, p. 492. E. F. G. H. 5. Warrant of Distress against several Rate-payers. (C. 2.) To the overseers of the poor or the surveyors of the highways of the parish of —, in the [county] of and to the constables of and to all other peace officers in the said [county]. Whereas on last past a complaint was made before E. F., one of her Majesty's justices of the peace in and for the [county] of by the [churchwardens and overseers of the poor, or the surveyors of the highways] of the parish of ——, in the said [county], that the several persons whose names are mentioned and set forth in the schedule hereunder written, being persons duly rated and assessed to [the relief of the poor, or maintenance of the highways] of the said parish, in and by the rates in the schedule in that complaint and in this warrant underwritten, in certain sums set down opposite to their respective names in the said schedule, had not respectively paid the said sums or any part thereof, but had respectively refused so to do; and now at this day, to wit, on at the said [churchwardens and overseers, or surveyors] by C. D., one of the said overseers, or surveyors, and A. B., I. K. and L. M., some of the said parties in the said schedule mentioned, appear before us, the undersigned, two of her Majesty's justices of the peace in and for the said [county]; but the said N. P., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to us on oath that the said N. P. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such two or more justices of the peace 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 against the said several parties, and it being now duly proved to us upon oath, in the presence of the parties so appearing as aforesaid, that an assessment for [the relief of the poor] of the said parish of, and for other purposes chargeable therein according to law, dated the was duly made, allowed and published, and that the said several persons whose names are mentioned and set out in the schedule hereunder written are therein and thereby assessed at the sums set down opposite to their respective names in the said schedule, and that the said several sums have been duly demanded of them respectively, but they have not nor hath any of them paid the said sums or any of them, or any part thereof respectively, but they have refused and still do refuse to pay the same respectively, and have not, nor hath any of them, showed to us sufficient cause for not paying the same: These are therefore to command you, in her Majesty's name, forthwith to make distress of the goods and chattels of the several persons whose names are mentioned and set out in the schedule hereunder written; and if within the space of five days after the making of such distresses respectively the said several sums set opposite to their respective names at which they were so rated and assessed as aforesaid, and the said several sums for costs incurred by the said [churchwardens and overseers, or surveyors] also set opposite to their respective names, together with the reasonable charges of taking and keeping the said distress in each case, shall not be paid, that then you do sell the goods and chattels of the party so making default so by you distrained, and out of the money arising by such sales respectively you retain the sums so set opposite to the name of each party whose goods you shall have so sold, rendering to him the overplus, the reasonable charges of taking, keeping and selling the said distress being first deducted; and if in any of the cases mentioned in the schedule hereunder written no such distress can be found, that then you |