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Oke's Synop. 2nd ed. p. 419.

enter into his own recognizance in the sum of, with two sufficient sureties in the sum of each, to keep the peace and be of good behaviour towards her Majesty and all her liege people, and particularly towards the said C. D., for the space of -,

Cor if required to find sureties till the sessions, soy from the asterisk*, having been required by me to enter into his own recognizance in the sum of, with two sufficient sureties in the sum of — each, as well for his appearance at the next general quarter sessions of the peace to be held in and for the said county of ——, to do what shall be then and there enjoined him by the court, as also in the mean time to keep the peace and be of good behaviour towards her Majesty and all her liege people, and especially towards the said C. D., hath refused and neglected, and still refuses and neglects to find such sureties,]

[and inasmuch as the said A. B. hath refused to enter into such recognizance, and to find sureties as aforesaid]: These are therefore to command you the said constable of to take the said A. B., and him safely to convey to the common gaol at aforesaid, and there to deliver him to the keeper thereof, together with this precept: and I 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 for the space of, unless he in the mean time enter into such recognizance, with such sureties as aforesaid, and for the term above mentioned. Herein fail not.

[or from the last asterisk •, until the said next general quarter sessions of the peace, unless he in the meantime find sufficient sureties as well for his appearance at the said sessions as in the meantime to keep the peace as aforesaid.]

Given under my hand and seal, this day of our Lord ———, at —, in the county aforesaid.

-, in the year of

J. S. (L.S.)

6. Liberatè on finding Sureties, with Variation where Defendant has to
enter into his own Recognizance at the Gaol.

To the keeper of the common gaol at
County of Whereas A. B., late of →

in the said county of

now in your custody in the said common gaol, hath before me the undersigned, one of to wit. her Majesty s justices of the peace in and for the said county [entered into his own recognizance, and], found sufficient sureties, as required by the warrant of commitment, dated the— day of upon which he was taken and committed to your said custody: These are therefore to command you, in her said Majesty's name, if the said A. B. be detained in your custody for no other cause than what is mentioned in the said warrant, forthwith to suffer him to go at large [upon his entering into his own recognizance, in the manner and form in the same warrant mentioned.] Given, &c. [as in No. 5, supra.]

TITHES, RENT-CHARGES AND CHURCH RATES.

1. Complaint on 7 & 8 Will. 3, c. 6, ss. 1, 6, and 53 Geo. 3, c. 127, 8. 4, for Recovery of Tithes due from other Persons than Quakers.]— Proceed as in General Form No. 1, ante, pp. 23, 24, to the asterisk*, then : -That he the said C. D. did, on the-last, being upwards of twenty days before the day of the date hereof, demand of A. B., of the parish of , in the county aforesaid, farmer, the tithes [or compositions

day of

and agreements for the tithes], [offerings, oblations and obventions] which have justly become due within two years now last past, from the said A. B. unto him the said C. D. [or E. F., as lessee as aforesaid], to the value of -[not exceeding £10, 5 & 6 Will. 4, c. 74, and 4 & 5 Vict. c. 36]; and that the said A. B. did upon the said demand refuse, and doth yet refuse to pay, and hath not paid the same, nor any part thereof; and which have not been sued for or begun to be sued for in her Majesty's Court of Exchequer, or in any ecclesiastical court.

N.B. The complainant would be, "C. D. of the parish of - in the said county, clerk;" or under 7 Geo. 4, c. 15, and 11 & 12 Vict. c. 43, s. 10, "by his attorney or agent [or E. F. of &c., lessee of C. D., rector of the said parish of ."]

The justice's additional description would be, "not being patron of the church of the said parish of - nor anywise interested in the

tithes of the said parish."

2. Summons thereon.]-This will be in the General Form No. 8 (A), ante, p. 26, reciting the complaint supra, and that it was made "in, writing."

3. Order for Payment.]-This will be in the General Form No. 44 (K. 1), ante, p. 42, with these variations and additions:

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In the statement of the hearing, after the names of the justices, insert, being neither of us patron of the church of the said parish of nor anywise interested in the tithes of the said parish." In the adjudication, after the sum, insert: "for the compositions for the tithes and oblations aforesaid [or as a reasonable allowance and compensation for the tithes aforesaid, subtracted and withheld."] The costs can only be 10s. The order need not adjudicate the mode of recovery in default of payment.

4. Distress Warrant.] This will be in the General Form No. 66 (N. 2), ante, p. 57, with this variation: instead of the statement of nonpayment, insert: "And whereas it appears unto me the undersigned, one &c., that the said A. B. had due notice of the said order by a copy of the minute thereof being served upon him the said A. B. [or left for him at his last place of abode], for the space of ten days and upwards, before the day of the date hereof, but hath refused to pay, and hath not yet paid, the same or any part thereof."

5. Complaint for Recovery of Church Rates from other Persons than Quakers. (53 Geo. 3, c. 127, s. 7.)]-Proceed as directed in the General Form No. 1, ante, pp. 23, 24, to the asterisk*, then :-That A. B., of the said parish of hath refused, and still doth refuse, to pay to him the said C. D., as one of the churchwardens of the said parish, the sum of -, being the sum duly rated and assessed upon him the said A. B., in the churchwardens' rate for the same parish, made the day of

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last, and which is now justly due from him the said A. B. unto the churchwardens of the said parish, and whereof the validity or the liability of the said A. B. to pay it hath not been questioned in any ecclesiastical

court.

6. Summons thereon.]-This will be in the General Form, No. 8 (A.), ante, p. 26.

7. Order for Payment.]—This will be in the General Form, No. 44

K K

(K. 1), ante, p. 42, describing the justices as "being neither of us patron of the parish church of the said parish of —, nor anywise interested in any of the rights, dues, or any payments belonging to the same church." The order need not adjudicate the mode of recovery in default of payment.

8. Distress Warrant.]-This will be in the General Form, No. 66 (N. 2), ante, p. 57, adapting it to the order No. 7, supra.

9. Complaint for Recovery of Tithes and Church Rates and Payments due from Quakers only. (7 & 8 Will. 3, c. 34, s. 4; 1 Geo. 1, st. 2, c. 6; 53 Geo. 3, c. 127, s. 6; and 5 & 6 Will. 4, c. 74.)]—Proceed as directed in the General Form, No. 1, ante, pp. 23, 24, to the asterisk •, then as in Form No. 1 as to the designation of the complainant and the justice, and then: “That A. B. of the parish of —, in the county aforesaid, being a person commonly called a Quaker, hath refused to pay unto the said C. D. the sum of, [not exceeding £50, 53 Geo. 3, c. 127, s. 6,] for the church-rate of [or to compound] [for the tithes and other rights, dues, and payments belonging to] the church of aforesaid, and justly due to the said C. D. from the said A. B.

10. Summons thereon.]-This will be in the General Form, No. 8 (A.), ante, p. 26.

11. Order for Payment.]-This will be in the General Form, No. 44 (K. 1), ante, p. 42, describing the justices as in Form No. 7, supra.

12. Distress Warrant.]-This will be in the General Form No. 66 (N. 2), ante, p. 57, with the same variation as directed in Form No. 4, ante, p. 497, omitting the words "for the space of ten days."

13. Complaint for compulsory Contribution to a Rent-Charge. (5 & 6 Vict. c. 54, s. 16.)]-Proceed to the asterisk* in the General Form No. 1, ante, pp. 23, 24, and then :-That certain land, numbered in the apportionment of the rent-charge, payable in lieu of tithes under the act for the commutation of tithes in England and Wales, of the parish of ——, in the county of ——, and situated within the said jurisdiction of the said justice, is by the said apportionment charged with one amount of rent-charge, payable to the rector of the said parish for the time being, that is to say, the sum of —; and that two half-yearly payments of the amount of the said rent-charge charged on the said land numbered in the said apportionment, according to the prices of corn as provided by the said act, became due and payable to the Reverend he the said then being rector of the said parish, that is to say, one half-yearly payment thereof on the first of April last, amounting to the sum of -, and another half-yearly payment thereof on the first of October last, amounting to the sum of -; and that the said last-mentioned land at the several times when the said two half-yearly payments became due respectively, did belong to two [or more] landowners, in several portions, that is to say, one portion thereof to E. F. of -, &c. and one other portion thereof to A. B. [or C.D. the complainant]; and that he the said C. D. the complainant, being such owner [or being tenant of the said A. B. the said owner,] of a portion of the said land last-mentioned, did on the day of last pay to the said —, the rector of the said parish, the sum of being the whole of the said two half-yearly payments of rent-charge [or a portion of the said two

in the said apporday of

half-yearly payments of rent-charge greater than his the said C. D.'s just proportion] charged on the said land numbered tionment; and that the said A. B. did on the last, make demand in writing on the said E. F., he the said E. F. being the landowner [or the tenant of the said, the landowner,] of a portion of the said land, of contribution thereto by serving such demand in writing on

personally, the said then being a person occupying and residing on the said land chargeable with the said rent-charge; and that notwithstanding such demand in writing, contribution to the said amount of rentcharge so paid as aforesaid hath been refused [or neglected] to be made by the said E. F. to the said C. D.

14. Summons thereon to E. F.]-This will be in the General Form, No. 8 (A.), ante, p. 26.

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15. Order directing Payment of Proportion by E. F.]-This may be in the General Form, No. 44 (K. 1), ante, p. 42, proceeding from the words "and now having heard the matter of the said complaint," as follows, we do determine that the just proportion of the said rent-charge so paid by the said C. D. as aforesaid, which ought to be contributed by the said E. F. as the landowner [or tenant of the said, the landowner,] of a portion of the said land numbered in the said apportionment as aforesaid, is the sum of ——— ; and we do adjudge the said E. F. to pay to the said C. D. the said sum of, being what in our judgment is due and payable in respect of such liability to contribution as aforesaid, and also to pay to the said C. D. the sum of for his costs in this behalf."

Given under our hands and seals, &c.

TURNPIKE ROADS.

1. Warrant from a Justice to enter the Toll-Gate House and remove the Persons therein. (3 Geo. 4, c. 126, s. 50; 4 Geo. 4, c. 95, s. 49,) No. 15 in Sched. to 3 Geo. 4, c. 126.

To the constable, [or headborough, tithingman] of, in the said county.

County of

Whereas complaint hath been made unto me A. B., Esquire, one of her Majesty's justices of the peace for the said county, to wit. upon the oath of and other evidence now produced to me, that C. D., who now inhabits the turnpike or toll-gate house at upon the turnpike road leading from to —, and was appointed to collect the tolls there, hath been duly discharged by the trustees of the said turnpike road from any further collecting or receiving the tolls arising at the said gate, and hath refused, and still doth refuse, to quit the possession of the said house, and the said C. D. having been summoned to appear before me this day to show cause why he should not be removed from the said house, and having shown no sufficient cause for that purpose [or not having appeared], I do hereby authorize and require you, with such assistance as shall be necessary, to enter into the said tollhouse or turnpike-house, and buildings belonging thereto, in the day-time, and to remove the said C. D. and all such persons as shall be found therein, together with his and their goods, out of such house and buildings, and to put E. F., the person lately appointed by the trustees to

collect such tolls, into the possession thereof, for which this shall be your sufficient warrant.

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[This form may be varied to suit the case of the widow or family of a deceased collector.]

2. Complaint against Officer not accounting. (4 Geo. 4, c. 95, s. 47; 9 Geo. 4, c. 77, s. 14. Adapted from 3 Burn's Just. 770, 29th ed.)]— Proceed as in the General Form No. 1, ante, pp. 23, 24, to the asterisk*, stating it to be by "C. D. surveyor, &c., on behalf of the trustees [or commissioners] of the turnpike road [describing it], appointed by or acting under an act passed in the third year of his late Majesty King George the Fourth, intituled, "An Act to amend the General Laws now in being for regulating Turnpike Roads in that part of Great Britain called England;" and also an act passed in the fourth year of the reign of his said late Majesty, intituled, “An Act to explain and amend an Act passed in the third year of the reign of his present Majesty, to amend the General Laws now in being for regulating Turnpike Roads in that part of Great Britain called England," and also an act passed in the year of the reign of his Majesty -, intituled, &c. [the local act]," That A. B. of, &c., being one of the officers appointed by the trustees [or commissioners] of the said turnpike road, although thereunto required by the said trustees [or commissioners] hath refused and neglected to produce to such trustees [or commissioners], or to such person and within such time as they the said trustees [or commissioners] appointed and limited for that purpose, and that the said A. B. still refuses and neglects to produce and deliver to them or him true, exact and perfect accounts in writing, under his hand, of all monies which he has received to the time when such accounts were required to be delivered as aforesaid by virtue of the said acts, or any or either of them, and how much thereof has been paid or disbursed, and for what purposes, together with the proper vouchers for such payments. [or hath refused and neglected to pay the money due on a certain account [or on certain accounts] produced and delivered by the said A. B. to such trustees [or commissioners] of all monies, &c., as above from the asterisk*.]

[or that A. B., &c., being, &c. [as above], did refuse or neglect to deliver up to the said trustees [or commissioners], or to such person as they did appoint for that purpose, within ten days after being thereunto required by the said trustees [or commissioners], all the books, papers and writings in his custody or possession relating to the execution of the said acts, or any or either of them.]

3. Summons thereon.] - This may be in the General Form No. 8 (A.), ante, p. 26.

4. Distress Warrant for Money found due.

To the constable of
county of

County of

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Whereas on last past a complaint was made before the undersigned, one of her Majesty's justices of the peace to wit. in and for the said county of by C. D. of, &c.: That, &c. [recite complaint No. 2, supra], and afterwards, to wit, on this day of, the parties aforesaid appeared before me the said justice [or the said C. D., as such surveyor as aforesaid, appears before me, the said justice but the said A. B., although duly called, doth not appear

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