WHEREAS [&c, as in the last form to the asterisk (*) and then thus]: And whereas afterwards, on the

day of

in the year aforesaid, I the said justice issued a

of the goods and chattels of the said C. D.: And whereas it appears to me as well by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said C. D., but that no sufficient distress whereon to levy the sum above mentioned could be found: These are therefore to command you, the said constable of to take the said C. D., and him safely convey to the House of Correction at aforesaid, and there deliver him to the said keeper thereof, together with this precept; and I do hereby command you the said keeper of the said House of Correction to receive the said C. D. into your custody in the said House of Correction, there to imprison him [and keep him to hard labour] for the space of unless the said sum, distress [and of the com

and all costs and charges of the said mitment and conveying of the said C. D. to the said House of Correction,] amounting to the further sum of

shall be sooner paid unto you the said keeper, and for your so

doing this shall be your sufficient warrant.

Given under my hand and seal, this

day of

at

J. S. (L. s.)

(R.)

Certificate of Clerk of the Peace that the Costs of A ppea! are not paid.

Office of the Clerk of the Peace for the [county] of

(Title of the Appeal.)

I HEREBY certify that at a Court of General Quarter Sessions of the Peace, holden at [county], on

in and for the sail last past, an appeal by A. B. against a conviction [or order] of J. S., Esquire, one of her Majesty's justices of the peace for the said [county], came on to be tried. and was then heard and determined, and the said Court of General Quarter Sessions thereupon ordered that the said conviction [or order] should be confirmed [or quashed], and that the said [appellant] should pay to the said [respondent] the for his costs incurred by him in the said appeal, and which sum was thereby ordered to be paid to the clerk of the peace of the said county on or before the day of instant, to be by him handed over to the said [respondent]; and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order. Dated the

sum of

day of

18.

G. H.,

[Deputy] Clerk of the Peace.

(S. 1.)

Warrant of Distress for Costs of an Appeal against a Conviction or Order.

WHEREAS [&c., as in warrants of distress, N. 1, 2, ante, to the end of the statement of the conviction or order, and then thus]: And whereas the said A. B. appealed to the Court of General Quarter Sessions of the Peace for the said county against the said conviction [or order], in which appeal the said A. B. was appellant, and the said C. D. [or J. S., Esquire, the justice of the peace who made the said conviction or order] was the respondent, and which said appeal came on to be tried, and

was heard and determined, at the last General Quarter Sessions f the peace for the said county, hoden at

day of

on

and the said Court of General Quarter Sessions hereupon ordered that the said conviction [or order] should be onfirmed [or quashed], and that the said [appellant] should Day to the said [respondent] the sum of for his costs ncurred by him in the said appeal, which said sum was to be paid to the clerk of the peace of the said [county] on or before the 1849, to be by him handed over to the said [C.D.]: And whereas the [deputy] clerk of the peace of the said [county] hath on the instant, duly certified that the said sum for costs had not then been paid: (*) 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

day of

days next after the making of such distress the said lastmentioned sum, 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 do pay the money arising from such sale to 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 if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had herein as to the law doth appertain.

Given under my hand and seal, this

in the year of our Lord

in the [county] aforesaid.

day of

at

WHEREAS &c., as in the last form to the asterisk (*), and

then thus]: And whereas afterwards, on the

day of

a warrant to the constable of to levy the said sum of

, commanding him for costs by distress and sale of the goods and chattels of the said A. B.: And whereas it appears to me, as well by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said [4. B.], but that no sufficient distress whereon to levy the sum above mentioned could be found: These are therefore to command you the said constable of

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 thereof, 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 [and keep him to hard labour] for the space of unless the said sum, and all costs and charges of the said distress [and of the commitment and conveying of the said A. B. to the said House of Correction], amounting to the further sum of

shall

be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant.

Given under my hand and seal, this

day of

INDEX.

AGENT,

intrusted with goods, within meaning of Factors' Acts, when
entitled to pledge, 44, 46

when agent deemed to be intrusted, 66

cannot pledge for antecedent debt, 49

a wharfinger is not an agent intrusted,” 50, 57

possession of goods by agent, prima facie evidence of being
intrusted for sale, 50-68

to be deemed owner as regards validity of pledges, 54
may pledge goods for further or continuing advances, 55
obtaining possession of the goods by fraud, ib.

an isolated transaction sufficient to constitute agency, 56

a servant or care-taker is not an "agent intrusted," 57
nor a person intrusted with possession of furniture in a fur-
nished house, 58

must be an agent having mercantile possession, ib.

a clerk with authority to sign delivery orders is not, ib.

a transaction connected with the sale sufficient, 59

if authority has been revoked valid pledge cannot be made, ib.
as to further and subsequent pledges by, ib.

review of authorities as to who is an "agent intrusted," 60
pledge of bill of lading malâ fide, by agent intrusted for a
particular purpose, 63

when agent to be deemed to be possessed, 67
what to be deemed a loan or advance, ib.

bankruptcy of, 69

frauds by, 169-171

AGREEMENT,

as to leaving pledge in hands of pledgor, 14, 38, 39
subsequent as to redemption, 31

as to use of pledge, 38

as to sale of pledge in default of payment, 39

as to notice before enforcing repayment of loan, 42

as to giving up part of pledge on repayment of part of loan,

42

as to loans and pledges by factors and agents, 67