certify the same unto us, to the end that such further proceedings may be had herein as to the law doth appertain. 6. Warrant of Commitment in defuult of Distress. (D.) To the overseers of the poor [or 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], and to the keeper of the [house of correction] at stable of in the said [county]. Whereas on last past a complaint was made before E. F., Esquire, one of her Majesty's justices of the peace in and for the said [county] of by the 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 to the [relief of the poor, or maintenance of the highways] of the said parish, in and by a rate made on —, -, in the sum of -, had not paid the same or any part thereof, but had refused so to do; and afterwards on at the parties aforesaid appeared before E. F. and G. H., Esquires, 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, appeared before E. F. and G. H., Esquires, two of her Majesty's justices of the peace in and for the said county; but the said A. B., although duly called, did not appear by himself, his counsel or attorney, and it was then satisfactorily proved to the said justices that the said A. B. had been duly served with the summons in that behalf, which required him to be and appear there at that day before such two or more justices of the peace as should then be there, to answer the said complaint, and to be further dealt with according to law]; and then having heard the matter of the said complaint, and it being then duly proved to the said justices 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 parish of dated the was duly made, allowed and published, and that the said A. B. was therein and thereby assessed at the sum of aforesaid, and that the said sum had been duly demanded of the said A. B., but that he had not paid, and had refused and still refused to pay the same, and that the said A. B. then not showing to the said E. F. the said and G. H. any sufficient cause for not paying the same, the said justices thereupon issued a warrant to commanding them to levy the said sum of, and the sum of for the costs incurred in obtaining that warrant, by distress and sale of the goods and chattels of the said A. B.: And whereas it now appears to me, the undersigned, one (a) of her Majesty's justices of the peace in and for the said [county], as well by the return of to the said warrant of distress as otherwise, that the said hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the said sums above mentioned could be found: These are therefore to command you the said [churchwardens and overseers, or surveyors] and constable and peace officers, or some or one of you, to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the said keeper, together with this precept: And I do hereby command you, the said keeper of the said [house of correction], to receive the said A. B. into your custody in the said [house of correction], there to imprison him for the space of unless the said sums of and for the costs attending the said being the costs and charges of this conveying the said A. B. to prison, shall be sooner paid unto you the shall be your sufficient warrant. day of in the year of our together with the sum of distress, and the further sum of commitment, and of taking and making in the whole the sum of said keeper; and for your so doing this Given under my hand and seal, this Lord at in the [county] aforesaid. J. S. (L. s.) (a) 7. Complaint for Recovery of Portion of Rate on Party removing. Adapted from 6 J. P. p. 273. (17 Geo. 2, c. 38, s. 12.)]-Proceed as in Form No. 1 under this title to the sum, then :-that the said A. B. removed from the said house and premises leaving the said rate unpaid, and one C. D. came into the same house and premises on the of day and thence until now has continued therein, and that he the said hath demanded of the said A. B. for the said rate the sum of being in proportion to the time he so occupied the said house, &c. and of the said C. D. the sum of for the said rate, being in proportion to the time he so occupied the same, but they have respectively not paid the same sums, or any part thereof, but hath respectively refused so to do: Wherefore, &c. 8. Summons to both Defaulters.]-This may be as in the Form No. 3, ante, p. 488. 9. Warrant of Distress on both Defaulters.]—This would be as in the Form No. 4, ante, p. 489, to the asterisk*, but reciting the Complaint No. 7, supra, and then :-and that the several allegations in the said recited complaint are true, and that the said several proportions of and (which said proportions being disputed, was and is now ascertained and adjudged by us the said justices, according to the statute in that behalf,) have been respectively demanded of the said A. B. and C. D., but that they have respectively not paid and have refused and still refuse to pay the same respectively; and the said A. B. and C. D. respectively now not showing to us any sufficient cause for not paying the same sums and proportions: These &c. [to end of Form No. 4.] See "Tithes," &c. post. (a) This warrant of commitment must be issued by two or more justices (see the 2nd section of the act, 12 Vict. c. 14). RIOTS. 1. Proclamation in case of Riots. (Given in 1 Geo. 1, st. 2, c. 5, s. 2.)]-Our sovereign lord [lady] the King [Queen] chargeth and commandeth all persons, being assembled, immediately to disperse themselves and peaceably to depart to their habitations or their lawful business, upon the pains contained in the act made in the first year of King George for preventing tumults and riotous assemblies. GoD save the King [Queen]. 2. Justices' Order to close Alehouses in case of Riot. (9 Geo. 4, c. 61, To the keepers of inns, alehouses and victualling houses in the them. It appearing to us the undersigned, two of her Majesty's justices of the peace acting in and for the said county of- that a riot or tumult has happened [or is reasonably expected to take place] in the parish of aforesaid, we do hereby, in pursuance of the statute in such case made and provided, order and direct that all and every person licensed under the statute in that behalf to keep and keeping inns, alehouses or victualing houses within the said parish of shall close his house from the on this day, to the hour of on next, of which you and each of you are to take notice accordingly. Given under our hands, this day of hour of " A. D. 1850. [Justices' signatures.] 3. Order of two or more Justices to close Beerhouses in case of Riot being expected, or of one Justice during a Riot. (1 Will. 4, c. 64, s. 11.)] -This may be easily drawn from the Form No. 2, supra. See tit. "Hundred," ante, p. 380, 381. Oke's Synop. 2nd ed. pp. 417, 418. SEAMEN. 1. Complaint on Oath for Wages where about to sail. (7 & 8 Vict. Id. p. 418. c. 112, s. 14.)]-Designation of Justice :-" and residing in and near [or near] the place where one A. B. (the defendant) now is [or "where the ship hereafter mentioned ended her voyage hereafter mentioned."] That he was hired by the said A. B., of in the county of master [or commander] of a certain ship called the, to serve him as a seamen [or mariner, as the case may be], and not as an apprentice, or master, on board the said ship, from the port and place of in England, to the port of, beyond the seas [or in Great Britain, or for the term of -, as the case may be], for the wages of per month [as the case may be], and that he the said C. D. has duly performed the said service and hiring for the term of [two months], and that he the said C. D., on the day of last was discharged from the said hiring and ship by the said A. B., at in the said county of - [or the said hiring and service terminated], and that, although three days from the time of the said [discharge] hath elapsed, and although no agreement hath been made or entered into to the contrary [as the case may be], he the said A. B. neglects and refuses to pay him the said C. D. the sum of [not exceeding £20], being the wages justly due unto him the said C. D. for the said service, contrary, &c., and that the said C. D. is desirous of proceeding to sea on another voyage, and in order thereto [or Oke's Synop. 2nd ed. p. 418 From 5 Burn's any other sufficient cause], he requires immediate payment of the said sum of 42. N. B. The above Form will suit for wages in ordinary cases under s. 15, by omitting the portion from the asterisk* to the end. 2. Summons.]-The General Form No. 8 (A), ante, p. 26. 3. Order for Payment.]—The General Form No. 44 (K. 1), ante, p. 4. Warrant of Distress on Master of Ship.]-The General Form No. 66 (N. 2), ante, p. 57, stating in the mandatory part, "to make distress of the goods and chattels of the said A. B., or other person having or taking the charge or command of the said ship or vessel called the and if, &c. [us in ordinary cases.] sum of 5. Warrant of Distress for the same on the Ship, &c., in case other sufficient Distress be not found, &c.]—The General Form No. 66 (N. 2), ante, p. 57, down to and including the recital of nonpayment, then say: "And whereas on the day of - [I] the said justice did issue my warrant to the constable of to make distress of the goods and chattels of the said A. B., or other person having or taking the charge or command of the said ship or vessel called the —, and to levy the said "" and to pay the same according to the directions of the statute: And whereas it duly appears unto me the said justice [or the undersigned, one of her Majesty's justices of the peace for the said county of- -], as well upon the oath of the said constable of ——— as otherwise, that he the said constable has used his best endeavours to levy the said sum of on the goods and chattels of the said A. B. as aforesaid, and other persons having or taking charge or command of the said ship or vessel called the but that no sufficient distress can be so found whereon to levy the same: These are therefore to command you in her Majesty's name forthwith to make distress on the said ship or vessel for the service on board which such wages have been and are so ordered to be paid, or on any of the tackle, furniture or apparel thereof; and if within the space of — days after the making of such distress the said sum for wages, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said ship, tackle, furniture or apparel thereof so by you distrained, and do pay the money arising from such sale unto the clerk of the justices of the peace for the division of, in the said county, that he may pay and apply the same as by law directed, and may render the overplus (if any) on demand unto the master or commander or owner thereof; and if no, &c. [follow No. 66 (N. 2), to the end.] 6. Commitment in Default.]—This may be in the General Form No. 71, ante, p. 59, the term and condition being: "there to imprison him, and to remain without bail until payment shall be made of the amount of the wages so awarded as aforesaid, and of the sum of being the costs and expenses attending the recovery thereof; and for your so doing," &c. [as No. 71, ante, p. 59, to the end.] SHIPS (PASSENGERS.) 12 & 13 Vict. c. 33. There are various Forms given in the schedule to this act with which justices are concerned, viz., Passengers' List (A. s. 12); Passage Broker's Bond (C. s. 44); Passage Broker's Licence (D. s. 45); Justices' Notice to Colonial Land and Emigration Commissioners of Granting Licence (E. s. 45); Notice by Applicant for a Licence (F. s. 45); and Notices by Justices of forfeiture of a Licence (G. s. 45.) SURETIES. 1. Complaint by the Party threatened, for Sureties for the Peace Oke's Synop. Proceed as in the General Form No. 1, ante, pp. 23, 24, to the asterisk*, 2nd ed. p. 419. then-did threaten the said C. D. in the words or to the effect following, that is to say [set them out, with the circumstances under which they were used]: and that from the above and other threats used by the said A. B. towards the said C. D. he the said C. D. is afraid that the said A. B. will do him some bodily injury, and therefore prays that the said A. B. may be required to find sufficient sureties to keep the peace and be of good behaviour towards him the said C. D.; and the said C. D. also saith that he doth not make this complaint against nor require such sureties from the said A. B. from any malice or ill-will, but merely for the preservation of his person from injury. 2. Warrant thereon.]—This may be in the General Form No. 11 (C), ante, p. 27, reciting the complaint, No. 1, supra, but adding in the mandatory portion," and to find sufficient sureties to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards the said C. D., for such term as shall be then enjoined him." 3. Recognizance for the Sessions or a limited Period.]—This will be in the Form No. 48 (S. 1), ante, p. 276, with the following condition :"The condition of the within written recognizance is such, that if [the within bounden] A. B. [of &c.] shall appear at the next court of general quarter sessions of the peace to be holden in and for the said county of to do and receive what shall be then and there enjoined him by the court, and in the meantime [shall keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards C. D., of &c., for the term of now next ensuing], then the said recognizance to be void, or else to stand in full force and virtue. 4. Notice of Recognizance.]-This will be similar to the Form No. 49 (S. 2), ante, p. 277, inserting the condition as in Form No. 3, supra. 5. Commitment in Default of Sureties. To the constable of the parish of -in the county of County of day of and to in the said county. Whereas, on the instant, complaint on oath was made before the undersigned [or J. L., Esquire], to wit. one of her Majesty's justices of the peace in and for the said county of by C. D. of the parish of in the said county [labourer], that A. B. of, &c. on the day of at the parish of aforesaid, did threaten [&c. follow to end of complaint, No. 1, supra, in the past tense, then]: And whereas the said A. B was this day brought and appeared before the said justice [or J. S., Esquire, one of her Majesty's justices of the peace in and for the said county of -], to answer unto the said complaint: And I have ordered and adjudged, and do hereby order and adjudge, that the said A. B. shall |