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 THE 
 
 A COMPLETE COLLECTION 
 
 FOEMS AND PEECEDENTS 
 
 FOR PRACTICAL USB 
 
 IN ALL MATTERS OUT OF QUARTER SESSIONS; 
 
 ADAPTED TO 
 
 Outlines of jForms in Jerbis's 
 
 (11 & 12 VICT. cc.42, 43). 
 
 AN INTRODUCTION, 
 
 EXPLANATORY DIRECTIONS, VARIATIONS, AND NOTES, 
 
 (BROUGHT DOWN TO 12 & 13 VICT.) 
 BY 
 
 GEORGE C. OKE, 
 
 AUTHOR OF "THE MAGISTERIAL SYNOPSIS." 
 
 LONDON : 
 
 HENRY BUTTERWORTH, 7, FLEET STREET, 
 
 iiato ttoofesdtrr and Vublisfirr ; 
 
 HODGES AND SMITH, GKAFTON STREET, DUBLIN. 
 
 1850.
 
 LONDON: 
 C. ROWORTR AND SONS, DELL YARD, 
 
 TEMPLE HAH.
 
 PREFACE. 
 
 A CONSOLIDATION of the Practice before Magistrates out of 
 Quarter Sessions having taken place by Jervis's Acts, 11 & 12 
 Viet. cc. 42, 43, which have now been in operation more than 
 a year, the necessity for a publication containing a complete 
 Collection of Forms and Precedents for practical use in all 
 matters in a separate volume, distinct from the Practice, founded 
 upon the Outlines of Forms in those Statutes, has been gene- 
 rally acknowledged by the Magistracy and their Clerks, and 
 recently expressed to me by letter and otherwise. Some of the 
 reasons with which this was urged are these : 
 
 1. That the uniformity in the present Practice requires 
 
 uniformity and consolidation in the Forms of Pro- 
 ceedings. 
 
 2. That the majority of the Forms in the Books of Prac- 
 
 tice, published previous to the passing of Jervis's Acts, 
 being so dissimilar in their features and construction, 
 are not now to be depended upon, and that none, unless 
 in the same features as those Acts, should be used. 
 
 3. That the Forms given in the old Works are so mixed up 
 
 with the repealed Law and Practice as to be useless. 
 
 4. That the Books alluded to are necessarily deficient in 
 
 the quantity and variety of Forms required for use, 
 especially in the Statements of Offences (Summary 
 and Indictable), and Special Sessions Matters. 
 
 5. That such Collection should be in a distinct volume from 
 
 the Practice, as most convenient for daily use, and 
 therefore might be used as a companion to " The 
 a2 
 
 1G81700
 
 IV PREFACE. 
 
 Magisterial Synopsis," or with any other Book 01" 
 Practice on the subjects. 
 
 6. That by having the General Blank Forms or Outlines 
 in Jervis's Acts printed with proper spaces for varia- 
 tions to suit particular exigencies, the requirements of 
 Statutes, and the local additions, and marks to distin- 
 guish one class of Forms from another, Magistrates 
 and Magistrates' Clerks will be enabled so to vary 
 * such General Forms according to the directions to be 
 given in such Collection as to suit the circumstances 
 of almost every case, without having recourse to the 
 expensive mode of purchasing printed Special Blank 
 Forms under each title or for each subject. 
 
 Acting upon these very cogent reasons, and to remedy the 
 inconvenience alluded to, I took upon myself the task of 
 compiling the present Collection (numbering nearly 1800 Pre- 
 cedents*), adapting and remodelling the Forms in the several 
 Books of Practice, and those obtained from other sources, to 
 the General Outlines or Forms in Jervis's Acts in all cases 
 where that could be accomplished, making numerous addi- 
 tions and variations necessary in the variety of matters within 
 the cognizance of Justices of the Peace out of Quarter Sessions, 
 drawing others not before published in any shape, and 
 arranging the whole in the Three like practical Divisions or 
 Classes of the subjects as in the Second Edition of the 
 "Synopsis," subdivided into convenient Chapters; and in doing 
 which I have used infinite care and pains, being fully aware of 
 the responsibility attaching to the use of a Form ; but in my 
 labours I received great assistance and encouragement from 
 Forms and Communications sent me by the following acting 
 Magistrates and Clerks, and many valuable suggestions from 
 others, to whom I take this opportunity of tendering respectfully 
 my thanks: H. B. Bence, Esq., Thorington Hall, Saxmund- 
 ham ; Thomas J. Arnold, Esq., one of the Magistrates of the 
 Police Court, Worship Street; Mr. T. Coombs, jun., Dorches- 
 ter; Mr. W. Craven, Halifax; Mr. Wigley, Aberayron; and 
 
 972 in Part I. (Summary Convictions and Orders) ; 401 in Part II. (In- 
 dictable Offences); and 418 in Part III. (Other Proceedings out of Sessions).
 
 PREFACE. V 
 
 Mr. H. L. Penprase, Assistant Clerk to the Justices of Truro. 
 I am also under some obligation to the following works and 
 publications from which a large portion of the Forms has been 
 collected and adapted, viz.: Burn's Justice, 28th and 29th 
 edit.; Archbold's J. P. 4th edit. (1846); Arch. Cr. Ev. & PI. 
 by Jervis; J. Stone's Petty Sessions, by Westoby; S. Stone's 
 Hand-book of Informations, 2nd ed.; Bench Formulist (1846); 
 Shelford on Highways (1845) ; Justice of the Peace ; Law 
 Times; Robinson's Formularies; Toone's Magistrate's Manual, 
 4th ed. ; and other smaller works on distinct statutes, as well as to 
 a few of the blank Forms published by Messrs. Shaw and Sons, 
 Fetter Lane; and I have generally, throughout the following 
 pages, referred in the Forms given to the Books of Practice 
 as well as to my " Synopsis" it being no part of the present 
 work to supersede the necessity of referring to such books for 
 further information ; but where no such reference is given to a 
 work or other authority, the Forms have been either entirely 
 remodelled and adapted to those in approved use, in the 
 manner before mentioned, or have not before been published. 
 In the two Chapters of General Forms (Chap. I. of Parts I. 
 and II.), there is a large number of original useful Forms not 
 given in Jervis's Acts, and which appear for the first time in 
 this Collection ; and the greater part of those in Chap. II. of 
 Part II. formed a portion of an Appendix of Forms to a MS. 
 " Analysis of Indictable Offences," prepared by me in the year 
 1846 for publication, but abandoned. At the conclusion I have 
 added a few " Miscellaneous Forms," not strictly belonging to 
 either of the three classes into which the work is divided, but 
 some of them having appeared in other magisterial books, it 
 has been deemed necessary to insert them to render the work 
 complete. 
 
 As to the size and bulk of the present work, I have en- 
 deavoured to compress it within moderate limits, but at the 
 same time to make it complete, as well as practical in the 
 arrangement of the several parts composing each of the va- 
 rious Precedents ; and I have not deemed it necessary, in 
 giving numerous Special Forms, to swell the work by setting 
 them out or repeating them at full length each time they
 
 VI PREFACE. 
 
 are introduced or incorporated with the General Form, but 
 I have instead referred to the General Form to be used, and 
 stated the requisite variations or additions to be made in it. 
 In Special Sessions Matters, and others, not within the operation 
 of Jervis's Acts (and comprised in Part III.)* where the Forms 
 are necessarily various and dissimilar in frame, it has been 
 found impossible by any means to shorten many of them re- 
 quired for frequent use, and that alone has increased the bulk 
 of the work over the anticipated size; but this it is hoped will 
 be compensated by having a complete work of Precedents, to 
 which facility of reference is given by a copious Index and a 
 Table of Contents. 
 
 In conclusion, I would refer the reader to the " Introduction" 
 which precedes the Forms. 
 
 G. C. O. 
 
 NEWMARKET, 
 8th February, 1850.
 
 CONTENTS. 
 
 INTRODUCTION. 
 
 PRELIMINARY OBSERVATIONS, pp. 1, 2. 
 
 1. ON THE PROVISIONS IN JERVIS'S ACTS AS TO FORMS, p. 211. 
 
 What 11 & 12 Viet c. 43 (Summary Convictions and Orders) 
 applies to, 2; exception clause, 3; what 11 & 12 Viet c. 42 
 (Indictable Offences) applies to, 4 ; special provisions applicable 
 to the forms as to the place of justices exercising jurisdiction, 4, 5 ; 
 backing of warrants, 6 ; relative to indictable offences only, 6, 7 ; 
 when convictions and orders in Jervis's Act, c. 43, to be used, 7 ; 
 other forms, 9 ; provisions as to objections to forms, 8 ; effect of 
 variances between information and evidence in summary convic- 
 tions, 8 ; information or complaint recommended to be in writing 
 in all cases, 9 ; the protection of justices in the use of forms, 9 
 11 ; general provisions as to form of action, notice, &c. 9, 10 ; par- 
 ticular provisions applicable to the acts of justices, 11. 
 
 2. ON THE ARRANGEMENT OF THIS COLLECTION OF PRECEDENTS, 
 
 pp. 12, 13. 
 
 Arranged in three parts, 12; the necessary variations made in the 
 forms throughout, 13 ; forms in matters within the exception 
 clause of 11 & 12 Viet c. 43. . 13. 
 
 3. THE MANNER OF USING THE FORMS, AND THE PROVISIONS OF 
 
 JERVIS'S ACTS THEREON, p. 1422. 
 
 First, as to summary convictions, p. 14 18 ; Secondly, as to 
 indictable offences, p. 18 20; points in preparing other forms 
 not given, 2022. 
 
 PART I. 
 
 SUMMARY CONVICTIONS AND ORDERS. 
 
 CHAP. I. 
 
 GENERAL FORMS OR OUTLINES. 
 
 ** The figure, asl, before the description of theForm,is the number prefixed to it. 
 SECT. 1. INFORMATIONS AND COMPLAINTS, p. 2326. 
 
 1. Information or complaint, with or without oath, with variation when 
 substantiated by another person than the informant, prosecutor
 
 viii Contents. 
 
 or complainant, 23 ; description of justices, 23, 24 ; 2. Depesition 
 on charge or complaint substantiated on a warrant being granted 
 on disobedience to a summons, 24 ; 3. Information at the suit of 
 an informer, 25 ; 4. Information for a second offence, 25 ; 5. In- 
 formation for a third offence, 25 ; 6. Information against an aider 
 or abetter, with or without the principle, 26; 7. Information 
 against a counsellor or procurer, 26. 
 
 SECT. 2. THE PROCESS TO ISSUE TO DEFENDANTS, pp. 26, 27. 
 
 8. Summons to the defendant upon an information or complaint, 26 ; 
 9. Deposition of the constable or other person of the service 
 of the summons, 26 ; 10. Warrant where the summons is dis- 
 obeyed, 26 ; 11. Warrant in the first instance, 27 ; 11 a. Indorse- 
 ment in backing a warrant, 27. 
 
 SECT. 3. REMANDING DEFENDANT, AND TAKING BAIL, p. 2830. 
 
 12. Warrant of committal for safe custody during an adjournment 
 of the hearing, 28 ; 13. Recognizance for the appearance of the 
 defendant where the case is adjourned or not at once proceeded 
 with, 28 ; 14. Notice of such recognizance to be given to the 
 defendant and his surety, 29 ; 15. Certificate of nonappearance to 
 be indorsed on the defendant's recognizance, 29 ; 16. Warrant to 
 remand a defendant when apprehended, 29 ; 17. Notice to the 
 complainant or informant of defendant's apprehension, and of day 
 of hearing, 29. 
 
 SECT. 4. OF COMPELLING WITNESSES' ATTENDANCE, &c. p. 30 33. 
 
 18. Deposition that a person is a material witness, 30 ; 19. Summons 
 of a witness, 30 ; 20. Deposition of constable, or other person, of 
 service of the last summons, 30 ; 21. Warrant where a witness has 
 not obeyed a summons, 31 ; 22. Warrant for a witness in the first 
 instance, 31 ; 23. Commitment of a witness for refusing to be 
 sworn or to give evidence, 31 ; 24. Information to ground a sum- 
 mons or warrant against a witness not attending to give evidence 
 (where the particular statute imposes a penalty for such neglect) 
 in order to convict him, 32 ; 25. Conviction thereon, where the 
 statutes require it, 32 ; 26. Commitment thereon, 32 ; 27. The 
 like information as No. 24, ante, for refusing to be examined on 
 oath or affirmation, 33 ; 28. Conviction thereon, 33 ; 29. Commit- 
 ment thereon, 38. 
 
 SECT. 5. THE HEARING AND ADJUDICATION, &c. p. 33 45. 
 
 30. Minutes of proceedings at the hearing with adjudication, 33; 
 
 31. Order of dismissal of an information or complaint, 34; 
 
 32. Certificate of dismissal, 34 ; 33. Minute of order of dismissal 
 for service, 35 ; 34. Warrant of distress for costs upon an order 
 for dismissal of an information or complaint, 35 ; 35. Indorsement 
 in backing a warrant of distress, 36 ; 36. Constable's return to a 
 warrant of distress, 36 ; 37. Warrant of commitment for want of 
 distress in the last case, 37 ; 38. Warrant of commitment of com- 
 plainant for costs, immediate on confession of no goods, &c 37 ; 
 39. Conviction for a penalty to be levied by distress, and in 
 default of sufficient distress, imprisonment, 38 ; 40. Conviction 
 for a penalty, and, in default of payment, imprisonment, 39 ; 
 
 41. Conviction when the punishment is by imprisonment, 39 ; 
 
 42. General conviction, embodying the three last, 39 41, appli- 
 cable for a draft where necessary, and to several offenders, and 
 numerous variations, 40, 41 ; 43. Conviction on the view of a justice, 
 42 ; 44. Order for payment of money to be levied by distress, and,
 
 Contents. ix 
 
 in default of distress, imprisonment, 42 ; 45. Order for payment of 
 money, and, in default of payment, imprisonment, 43 ; 46. Order 
 for any other matter where the disobeying of it is punishable with 
 imprisonment, 43 ; 47. General order, embodying the three last, 
 4446, applicable for a draft where necessary, and certain prac- 
 tical variations, 44, 45. 
 
 SECT. 6. ENFORCING CONVICTIONS AND ORDERS, p. 4661. 
 
 1. Enforcing Convictions on Informations. 48. Warrant of commitment 
 
 on a conviction where the punishment is by imprisonment, 46 ; 
 49. Warrant of distress for costs upon a conviction where the 
 offence is punishable by imprisonment, 46 ; 50. Warrant of com- 
 mitment for want of distress, 47 ; 51. Commitment forthwith for 
 an additional term for the costs upon a conviction where the 
 offence is punishable by imprisonment, on confession of no goods, 
 &c., by the defendant, 48 ; 52. Warrant of commitment upon a 
 conviction for a penalty in the first instance, 49 ; 53. Warrant of 
 distress upon a conviction for a penalty, 50 ; 54. Commitment 
 forthwith upon a like conviction, where the distress would be 
 ruinous, or on defendant confessing he has no goods, 50 ; 55. Re- 
 cognizance of a defendant to appear on the return of a distress 
 warrant for penalty and costs, 51 ; 56. Indorsement in backing a 
 warrant of distress, 51 ; 57. Constable's return to a warrant of 
 distress, 52 ; 58. Warrant of commitment for want of distress, 52 ; 
 59. Commitment of a defendant for a consecutive period where 
 convicted on the same day of two or more offences, 52 ; 59 a. Com- 
 mitment upon a conviction for a second or subsequent offence, 
 adapted to where imprisonment only adjudged, or where a penalty 
 imposed, and imprisonment in default of payment, 53. 
 
 2. Enforcing Orders on Complaints. 60. Minute of order for service 
 
 before enforcing, 54; 61. Warrant of commitment on an order 
 where the disobeying of it is punishable by imprisonment, 55 ; 
 62. Warrant of distress for costs upon an order where the disobey- 
 ing of the order is punishable with imprisonment, 55 ; 63. War- 
 rant of commitment for want of distress, 56 ; 64. Commitment 
 forthwith for an additional term for the costs upon an order, 56 ; 
 
 65. Warrant of commitment on an order in the first instance, 57 ; 
 
 66. Warrant of distress upon an order for the payment of money, 
 57 ; 67. Commitment upon a like order where the distress would 
 be ruinous, or on defendant confessing he has no goods, 58 : 
 68. Recognizance of a defendant to appear on the return of the 
 distress warrant, and notice thereof, 51, 59 ; 69, 70. Indorsement 
 in backing distress warrant, and constable's return, 36, 59; 
 71. Warrant of commitment upon an order for want of distress, 
 59 ; 72. Liberate or discharge of a defendant from gaol on pay- 
 ment of amount for which he was committed, &c. 59. 
 
 3. Enforcing Costs on Dismissal of Information or Complaint, p. 34 37. 
 
 4. Enforcing Costs of Conveyance to Gaol. 73. Distress warrant on 
 
 offender's goods, 60 ; 74. Gaoler's receipt for a defendant, 61 ; 
 75. Committing justice's order on the county treasurer for con- 
 stable's expenses of conveying a defendant to gaol, with variation 
 where amount included in the commitment under Jervis's Act, 
 and not paid, 61. 
 
 SECT. 7. OF THE APPLICATION OF PENALTIES, &c, p. 62. 
 
 76. Account of the clerk of the justices at petty sessions, and of the 
 keeper of the gaol or house of correction, 62 ; 77. Register of con- 
 victions and orders under 11 & 12 Viet c. 43.. 62.
 
 x Contents. 
 
 SECT. 8. OF APPEAL, &c. p. 63-65. 
 
 78. Notice of appeal against a conviction or order, 63 ; 79. Recognizance 
 to try the appeal, &c. 63 ; 80. Notice of such recognizance to be 
 given to the defendant (appellant) and his surety, 64 ; 81. Certifi- 
 cate of clerk of the peace that the costs of an appeal are not paid, 
 64 ; 82. Warrant of distress for costs of an appeal against a con- 
 viction or order, 64 ; 83. Warrant of commitment for want of 
 distress in the last case, 65. 
 
 CHAP. II. 
 
 SPECIAL FORMS, OR STATEMENT OF OFFENCES, &C. 
 
 Aiders and Abettors, 66. 
 
 Alehouses, p. 66 72; I. Offences against the licence, No. 1 to 11; 
 II. Other offences, No. 12 to 22 ; III. Proceedings on charge of a 
 third offence, and on appeal, No. 23 to 33. 
 
 Apprentices, p. 72 77; I. Offences by apprentices, No. 1 to 12 ; II. Of- 
 fences by masters, No. 13 to 28. 
 
 Assault, pp. 77, 78 ; Forms No. 1 to 9. 
 
 Beerhouses, p. 78 86; I. Offences against the licence, No. 1 to 13 ; 
 II. Offences as to hours, No. 14 to 22 ; III. Other offences, No. 
 23 to 46 ; IV. Proceedings against sureties of beerhouse keeper, 
 No. 47 to 50 ; V. Proceedings on appeal against conviction for a 
 third offence, No. 51. 
 
 Bread and Flour, p. 8690 ; Forms No. 1 to 23. 
 
 Bricks and Tiles, pp. 90, 91 ; Forms No. 1 to 4. 
 
 Burning, by servants, p. 91 ; Forms Nos. 1, 2. 
 
 Butter, p. 91 ; Forms Nos. 1, 2. 
 
 Bye Laws, of boroughs, pp. 91, 92 ; Forms Nos. 1, 2. 
 
 Chimney Sweepers, p. 92 ; Forms No. 1 to 3. 
 
 Coals, p. 92; Forms Nos. 1, 2. 
 
 Combination, pp. 92, 93 ; Forms No. 1 to 4. 
 
 Commons, &c. p. 93 95 ; Forms No. 1 to 11. 
 
 Constables, p. 9599; I. As to parochial constables, No. 1 to 4; II. As to 
 county constables, No. 5 to 8; III. As to borough constables, 
 No. 9 to 14; IV. As to special constables, No. 15 to 21 ; V. As 
 to constables on rivers, canals, &c., No. 22 to 24 ; VI. As to con- 
 stables under Lighting and Watching Act, Nos. 25, 26. 
 
 Copyright of Designs, pp. 99, 100 ; Forms No. 1 to 3. 
 
 Corn Returns, pp. 100, 101 ; Forms No. 1 to 3. 
 
 County Courts, p. 101 ; Forms No. 1 to 3. 
 
 Cruelty to Animals, p. 101104 ; Forms No. 1 to 14. 
 
 Dead Bodies, pp. 104, 105 ; Forms No. 1 to 3. 
 
 Dissenters, pp. 105, 106 ; Forms No. 1 to 5. 
 
 Distress, pp. 106, 107 ; Forms No. 1 to 7. 
 
 Dogs, pp. 107, 108; Forms No. 1 to 6. 
 
 Drunkenness, p. 108110; I. Proceedings upon a first offence, No. 1 to 6 ; 
 II. Proceedings for a second offence, No. 7 to 10. 
 
 Fireworks, p. 110 ; Forms No. 1 to 5. 
 
 Fisheries, pp. 110, 111 ; Forms Nos. 1, 2. 
 
 Frames, p. 111.
 
 Contents. xi 
 
 Game, p. Ill 120; General observations, &c. pp. Ill, 112; I. Trespass in 
 search of, No. 1 to 8 ; II. Killing without certificate, No. 9 to 16 ; 
 III. Killing on Sunday, Sec., Nos. 17, 18; IV. Killing out of 
 season, No. 19 ; V. Selling without certificate, Nos. 20, 21 ; VI. 
 Buying, &c., unlawfully, No. 22 to 24; VII. Offences by licensed 
 dealers, &c., No. 25 to 30; VIII. Offences by occupiers, No. 31 
 to 33 ; IX. Night poaching, No. 34 to 40 ; X. Sporting without 
 certificate, Nos. 41, 42. 
 
 Gaming Houses, p. 120122 ; Forms No. 1 to 8. 
 
 Gunpowder, p. 122 ; Forms No. 1 to 6. 
 
 Health (Public) Act, 1848, p. 123 ; Forms Nos. 1, 2. 
 
 Highways, p. 123 131 ; I. Offences by surveyors, No. Ito4; II. Offences 
 by collector, No. 5 to 7 ; III. Offences by owners and drivers of 
 carts, &c., No. 8 to 24 ; IV. Nuisances, No. 25 to 51 ; V. Other 
 offences, Nos. 52, 53. 
 
 Horse Slaughtering, p. 131133 ; Forms No. 1 to 16. 
 
 Inclosures, p. 133. 
 
 Jurors, p. 133. 
 
 Juvenile offenders, p. 133140; Forms No. 1 to 31. 
 
 Larceny, p. 140145; I. Of animals, No. 1 to 16; II. Of trees, fences, 
 &c., No. 17 to 23 ; III. Accessories and receivers, No. 24 to 27. 
 
 Lighting and Watching Act, pp. 145, 146 ; Forms No. 1 to 8. 
 
 Malicious Injuries, pp. 147, 148 ; I. To trees, plants, fences, &c., No. 1 
 to 4; II. To any other property, Nos. 5, 6; III. Accessories, 
 Nos. 7, 8. 
 
 Manufactures, &c., p. 149 156 ; I. As to artificers, manufacturers, miners, 
 &c., No. 1 to 6 ; II. As to workmen in the cotton, fustian, hat, 
 linen, woollen, flax, hemp, mohair, silk, fur, leather, or iron manu- 
 factures, and Dyers, No. 7 to 17 ; III. As to workmen in the 
 cotton, flax, linen, mohair, silk, or woollen hosiery manufactures, 
 No. 18 to 24 ; IV. Regulations as to mines, No. 25 to 29. 
 
 Master and Servant, p. 156 160 ; I. As to false characters of Servants, 
 No. 1 to 5 ; II. As to misbehaviour by servants in husbandry, 
 &c., and masters, No. 6 to 17. 
 
 Military Law, pp. 160, 161 ; Forms No. 1 to 3. 
 
 Navigable Rivers and Canals, pp. 161, 162 ; Forms No. 1 to 6. 
 
 Nuisances and Diseases Prevention Act, 1848, p. 162 164; Forms No. 1 
 to 4. 
 
 Overseers, p. 164 ; Forms No. 1 to 5. 
 
 Pawnbrokers, p. 164170 ; I. Offences of pawnbrokers, No. 1 to 22 ; II. 
 Illegal pawning, forging duplicates, &c., No. 23 to 27. 
 
 Poor, p. 170175; General observations, &c., pp. 170, 171; I. Offences 
 by overseers, No. 1 to 7 ; II. Offences by workhouse master, &c., 
 No. 8 to 10 ; III. Offences in workhouse, &c., No. 11 to 22. 
 
 Poundbreach, pp. 175, 176 ; Forms No. 1 to 4. 
 
 Printers, p. 176 ; Forms Nos. 1, 2. 
 
 Promissory Notes, p. 177 ; Forms Nos. 1, 2. 
 
 Railways, p. 177179 ; I. Offences by servants of railway companies, No. 
 1 to 6 ; II. Offences by other persons, No. 7 to 19. 
 
 Seamen, p. 179; Forms Nos. 1, 2. 
 
 Seditious Meetings, p. 180; Forms Nos. 1, 2. 
 
 Sheep, p. 180 ; Forms No. 1 to 4. 
 
 Ship's Ballast, p. 181 ; Forms Nos. 1, 2. 
 
 Ship's Passengers, p. 181 ; Forms Nos. 1, 2.
 
 xii Contents. 
 
 Ship's Register, pp. 181, 182 ; Forms No. 1 to 5. 
 
 Sunday, p. 183 ; Forms No. 1 to 4. 
 
 Swearing, pp. 183, 184 ; Forms No. 1 to 3. 
 
 Theatres, pp. 184, 185 ; Forms No. 1 to 3. 
 
 Turnpike Roads, p. 185201; I. Offences by toll collector, No. 1 to 15 ; 
 
 II. Offences as to tolls, No. 16 to 44; III. Offences by drivers, 
 
 owners, &c. No. 45 to 66 ; IV. Nuisances and other offences, 
 
 No. 67 to 111. 
 
 Vaccination, pp. 201, 202 ; Forms No. 1 to 3. 
 Vagrants, p. 202210; I. Idle and disorderly persons, No. 1 to 13; 
 
 II. Rogues and vagabonds, No. 14 to 30; III. Incorrigible 
 
 rogues, No. 31 to 35. 
 Weights and Measures, p. 210213 ; I. Offences by inspectors, No. 1 to 5; 
 
 II. Offences by dealers and others, No. 6 to 20. 
 Wreck, pp. 213, 214. 
 
 CHAP. III. 
 
 FORMS APPLICABLE TO THE OFFENCES, &C. TO WHICH THE 11 & 12 VICT. 
 
 c. 43 (JERVIS'S ACT) DOES NOT EXTEND. 
 Apprentices, p. 215. 
 Beerhouses, p. 215. 
 Customs, p. 215218; Forms in the Schedule to 8 & 9 Viet c. 87, No. 1 
 
 to 6 ; Table of Fees in Schedule (A.) of 12 & 13 Viet. c. 90. 
 Excise, p. 218 246; I. Information, No. 1 to 9; II. Summonses, notices 
 
 and subpoena, No. 10 to 17; III. Convictions, Nos. 18, 19; 
 
 IV. Warrants and return to levy warrants, No. 20 to 28 ; V. Body 
 
 and search warrants, &c., and commitment, No. 29 to 37. 
 Factories, p. 246249 ; I. Forms in the Schedule to 3 & 4 Will. 4, c. 103, 
 
 No. 1 to 4; II. Forms in the Schedule to 7 Viet. c. 15, No. 5 to 7. 
 Game, p. 249. 
 
 Hawkers and Pedlars, p. 249251 ; Forms No. 1 to 9. 
 Master and Servant, p. 251. 
 Post Horses, p. 251253. 
 Post Office, pp. 254, 255. 
 Smuggling, p. 255. 
 Wreck and Salvage, p. 255-257 ; Forms No. 1 to 9. 
 
 PART II. 
 
 INDICTABLE OFFENCES. 
 
 CHAP. I. 
 
 GENERAL FORMS OR OUTLINES. 
 
 * The Figure, at 4, before the Description of the Form, is the Number 
 prefixed to it. 
 
 SECT. 1. As TO PREFERRING THE CHARGE, pp. 258, 259. 
 
 1. Information and complaint for an indictable offence, 258 ; 2. Infor- 
 mation against an accessory after the fact to a felony witli the 
 principal, 259 ; 3. The like, without the principal, or where
 
 Contents. xiii 
 
 principal unknown, 259 ; 4. Information to ground search warrant 
 for stolen goods, 259 ; 5. Dying declaration before a justice in 
 cases of personal injuries to the declarant, 259. 
 
 SECT. 2. THE PROCESS TO ISSUE AGAINST OFFENDERS, p. 260264. 
 
 6. Warrant to apprehend a person charged with an indictable offence, 
 260 ; 7. Summons to a person charged with an indictable offence, 
 260 ; 8. Deposition of the constable of the service of the summons, 
 260 ; 9. Warrant where the summons is disobeyed, 260 ; 10. In- 
 dorsement in backing a warrant, 261 ; 11. Search warrant for stolen 
 goods, 261 ; 12. Warrant to apprehend a person charged with an 
 indictable offence committed on the high seas, or abroad, 261 ; 
 13. Certificate of indictment being found, 291 ; 14. Warrant to 
 apprehend a person indicted, 262; 15. Deposition that the person 
 apprehended is the same who is indicted, 262 ; 16. Warrant of 
 commitment of a person indicted, 262 ; 17. Deposition that the 
 person indicted is the same who is in custody for some other 
 offence, 263 ; 18. Warrant to detain a person indicted who is already 
 in custody for another offence, 263 ; 19. Warrant of apprehension of 
 foreigners committing offences in France, &c., and escaping to this 
 country, 263 ; 20. Warrant of committal of person apprehended, 
 264. 
 
 SECT. 3. OF REMANDING OR BAILING ACCUSED BEFORE OR DURING 
 
 EXAMINATION, p. 264266. 
 
 21. Warrant remanding prisoner, 264 ; 22. Order to bring up accused 
 before expiration of the remand, 265 ; 23. Recognizance of bail 
 instead of remand, on an adjournment of examination, 265 ; 
 24. Notice of such recognizance, 266 ; 25. Certificate of non- 
 appearance to be endorsed on the recognizance, 266. 
 
 SECT. 4. Or COMPELLING WITNESSES' ATTENDANCE, &c. p. 266 268. 
 26. Deposition that a person is a material witness, 266 j 27. Summons 
 of a witness, 266 ; 28. Deposition of constable of service of the 
 summons, 267 ; 29. Warrant where a witness has not obeyed a 
 summons, 267; 30. Warrant for a witness in the first instance, 
 267 ; 31. Commitment of a witness for refusing to be sworn or to 
 give evidence, 268 ; 32. Commitment of a witness for refusing to 
 be sworn or to give evidence, who attends without a summons, 
 268. 
 
 SECT. 5. THE PRELIMINARY EXAMINATION, p. 269 273. 
 
 33. Depositions of witnesses, 269 ; 34. Re-examination of the wit- 
 nesses, 269 ; 35. Memorandum where the accused does not make 
 a statement, 269 ; 36. Memorandum to be written on documents 
 produced in evidence, 270 ; 37. Statement of the accused, 270 ; 
 38. Commitment for trial, 270 ; 38 a. Commitment for trial where 
 accused brought up on remand, 271 ; 39. Certificate of consent to 
 bail by the committing justice, 271 ; 40. Register of persons com- 
 mitted or held to bail, 272 ; 41. Warrant to convey the accused 
 before a justice of the county, &c., in which the offence was 
 committed, 272 ; 42. Order for payment of the constable's ex- 
 penses, 272. 
 
 SECT. 6. OF BINDING OVER PROSECUTOR AND WITNESSES, &c. p. 273 
 
 276. 
 
 43. Recognizance to prosecute or give evidence, 273 ; 43 a. The three 
 conditions in one form, 274 ; 44. Notice of recognizance, 274 ; 
 45. The like, with variation, where there is a surety for a witness, 
 274 ; 46. Commitment of witness for refusing to enter into the 
 recognizance, 275 ; 47. Subsequent order to discharge the witness, 
 275, 276.
 
 xiv Contents. 
 
 SECT. 7. OF BAILING ACCUSED AFTER EXAMINATION, p. 276280. 
 
 48. Recognizance of bail, 276 ; 49. Notice of such recognizance, 277 ; 
 
 50. Certificate of consent to bail by the committing justice, 277 ; 
 
 51. Warrant of deliverance on bail being given, 277 ; 52. The 
 like, on recognizances of sureties being taken, conditional on 
 accused entering into his own, 277 ; 53. Recognizance of bail 
 upon habeas corpus, 278 ; 54. Notice of bail, 278 ; 55. Complaint 
 of bail, in order that accused might be committed in discharge 
 of their recognizance, 278, 279; 56. Warrant thereon, 279; 
 57. Commitment on surrender of bail, 279 ; 58. The like, where 
 apprehended by the bail without warrant, 280. 
 
 SECT. 8. OF COSTS ATTENDING PROSECUTION, &c., p. 280284. 
 
 59. Gaoler's receipt to the constable for the prisoner, and justice's order 
 thereon for payment of the constable's expenses in executing the 
 commitment, 280, 281 ; 60. Gaoler's certificate of the amount 
 of money found on accused, on receiving him in gaol, 281 ; 61. 
 Order on gaoler to pay constable the expenses of conveying accused 
 to gaol out of money found on accused, 281 ; 62. Examining 
 magistrate's certificate of expenses incurred by the prosecutor in 
 felonies, previous to committal of accused, 282 ; 63. Minute of 
 allowance for expenses on trial, 283; 64. Instructions for in- 
 dictment, 284. 
 
 CHAP. II. 
 
 STATEMENTS OF INDICTABLE OFFENCES FOR USE IN THE GENERAL FORMS 
 IN CHAPTER I. 
 
 Abduction, p. 285 ; Forms Nos. 1, 2. 
 
 Abortion, p. 285 ; Forms Nos. 3, 4. 
 
 Accusing of crime, p. 286. 
 
 Affray, p. 286 ; Forms Nos. 5, 6. 
 
 Agents, pp. 286, 287 ; Forms No. 8 to 11. 
 
 Arms, p. 287 ; Forms No. 12 to 15. 
 
 Arson, p. 287291 ; Forms No. 16 to 33. 
 
 Assault, p. 291293 ; Forms No. 34 to 49 a. 
 
 Attempts to murder, &c., pp. 293, 294 ; Forms Nos. 50 55. 
 
 Attempts to commit crimes, p. 294 ; Forms Nos. 56, 57. 
 
 Bankrupts, p. 294. 
 
 Bigamy, p. 294. 
 
 Blasphemy, p. 295. 
 
 Bribery, p. 295 ; Forms Nos. 60, 61. 
 
 Burglary, p. 295 ; Forms No. 62 to 64. 
 
 Carnally knowing female children, p. 296 ; Forms Nos. 65, 66. 
 
 Cattle, p. 296 ; Forms No. 67 to 69. 
 
 Child stealing, p. 296 ; Forms Nos. 70, 71. 
 
 Church or meeting house, p. 297 ; Forms No. 72 to 74. 
 
 Challenge, pp. 297, 298 ; Forms No. 75 to 77. 
 
 Clergymen, p. 298. 
 
 Coin, p. 298301 ; Forms Nos. 79 to 99. 
 
 Compounding, p. 301. 
 
 Concealing birth, p. 301. 
 
 Conspiracies, pp. 301, 302 ; Forms No. 102 to 104. 
 
 Constable, p. 302; Forms Nos. 105, 106. 
 
 Cruelty, p. 302.
 
 Contents. . xv 
 
 Dead bodies, p. 302 ; Forms Nos. 108, 109. 
 
 Declaration, p. 303. 
 
 Disobedience, p. 303. 
 
 Disorderly house, p. 303305; Forms No. 112 to 117. 
 
 Dissenters, p. 305. 
 
 Elections, p. 305; Forms Nos. 118, 119. 
 
 Embezzlement, p. 305. 
 
 Entry (forcible) and detainer, pp. 305, 306; Forms Nos. 121, 122. 
 
 Escape, prison-breach, and rescue, p. 306 308 ; Forms No. 123 to 133. 
 
 Explosive substances, p. 308. 
 
 Extortion, p. 308. 
 
 False imprisonment, p. 308. 
 
 False pretences, pp. 308, 309 ; Forms Nos. 137, 138. 
 
 Felony, p. 309. 
 
 Fish, p. 309. 
 
 Forgery, p. 309312 ; Forms No. 141 to 161. 
 
 Friendly societies, p. 312. 
 
 Game (night poaching), pp. 312, 313 ; Forms No. 163 to 166. 
 
 Gaming, p. 313. 
 
 Housebreaking, pp. 313, 314; Forms Nos. 167, 168. 
 
 Indecency, p. 314; Forms Nos. 169, 170. 
 
 Larceny, p. 314318 ; Forms No. 171 to 208. 
 
 Letter (threatening), p. 318 ; Forms No. 209 to 212. 
 
 Libels, pp. 319, 320 ; Forms No. 213 to 217. 
 
 Maintenance, p. 320. 
 
 Malicious injuries, p. 320 324; Forms No. 219 to 254. 
 
 Manslaughter, p. 325. 
 
 Murder, pp. 325, 326 ; Forms No. 256 to 263. 
 
 Nuisances, pp. 326, 327 ; Forms No. 264 to 270. 
 
 Oaths (unlawful), pp. 327, 328 ; Forms No. 271 to 274. 
 
 Perjury, p. 328 ; Forms No. 275 to 277. 
 
 Personation, p. 329 ; Forms No. 278 to 281. 
 
 Piracy, pp. 329, 330 ; Forms Nos. 282, 283. 
 
 Polygamy, p. 330. 
 
 Post office, pp. 330, 331 ; Forms No. 285 to 294. 
 
 Poundbreach, pp. 331, 332. 
 
 Queen, p. 332 ; Forms Nos. 296, 297. 
 
 Railways, pp. 332, 333 ; Forms No. 298 to 300. 
 
 Rape, p. 333. 
 
 Receiving goods, p. 333 ; Forms Nos. 302, 303. 
 
 Rescue, p. 333. 
 
 Reward, p. 333. 
 
 Riot, pp. 334, 335 ; Forms No. 305 to 310. 
 
 Sacrilege, p. 335; Forms Nos. 311, 312. 
 
 Seamen (merchant), pp. 335, 336 ; Forms Nos. 313 to 315. 
 
 Smuggling, pp. 336, 337 ; Forms No. 316 to 325. 
 
 Sodomy, pp. 337, 338 ; Forms No. 326 to 328. 
 
 Soliciting to the commission of an offence, p. 338. 
 
 Spring guns and man traps, p. 338.
 
 xvi Contents. 
 
 Stage coaches, p. 338. 
 
 Stocking frames, p. 339 ; Forms Nos. 332, 333. 
 
 Subsequent felony, p. 339. 
 
 Treason, p. 339 ; Forms Nos. 334, 335. 
 
 Wife, p. 339. 
 
 Women, p. 340. 
 
 PART III. 
 
 OTHER PROCEEDINGS OUT OF SESSIONS. 
 
 CHAP. I. 
 
 FORMS FOR USE IN SPECIAL SESSIONS MATTERS. 
 
 Outlines of general forms for convening special sessions, pp. 341, 342. 
 
 Alehouses, p. 342349. 
 
 Billiards, p. 349. 
 
 Constables (borough, special), p. 349 to 351. 
 
 Constables (high), p. 351. 
 
 Constables (parochial), p. 352 to 361. 
 
 Constables (special), pp. 361, 362. 
 
 Game, pp. 362, 363. 
 
 Highways, p. 363 to 379. 
 
 Hundred, pp. 380, 381. 
 
 Jurors, p. 382. 
 
 Poor, p. 382 to 392. 
 
 Theatres, p. 392 to 394. 
 
 CHAP. II. 
 
 FORMS FOR USE IN MATTERS TO BE DONE IN PETTY SESSIONS, OR BY 
 ONE JUSTICE. 
 
 Alehouses, p. 395. 
 
 Apprentices, p. 395 401. 
 
 Bastards, p. 402418. 
 
 Books, p. 419. 
 
 Church rates, p. 419. 
 
 Constables (special), p. 419422. 
 
 Constables (county), p. 423. 
 
 Constables (parochial), p. 423 425. 
 
 Constables (borough), p. 425. 
 
 Constables (under Lighting and Watching Act), p. 426. 
 
 Constables (on navigable rivers and canals), p. 426. 
 
 Corn declaration, p. 426. 
 
 Corporation, pp. 426, 427. 
 
 Dissenters, pp. 427, 428. 
 
 Friendly Societies, p. 428432. 
 
 Forcible entry and detainer, p. 433. 
 
 Game, pp. 433, 434.
 
 Contents. xvii 
 
 Gaming houses, p. 434. 
 
 Health (Public) Act, 1848, p. 434-436. 
 
 Highways, p. 436443, 
 
 Inclosures, pp. 443, 444. 
 
 Landlord and tenant, p. 444 447. 
 
 Light and Watching Act, p. 447 449. 
 
 Loan societies, p. 449. 
 
 Lunatics, p. 449460. 
 
 Master and servant, pp. 460, 461. 
 
 Mutiny, p. 461464. 
 
 Nuisances removal, and diseases prevention, p. 464470. 
 
 Oaths, pp. 470, 471. 
 
 Pawnbrokers, pp. 472, 473. 
 
 Poor, p. 473485. 
 
 Post horses, p. 485. 
 
 Post office, p. 485. 
 
 Prize fights, p. 485. 
 
 Railways, p. 485487. 
 
 Rates, p. 487492. 
 
 Riots, p. 493. 
 
 Seamen, pp. 493, 494. 
 
 Ships' passengers, p. 494. 
 
 Sureties, pp. 495, 496. 
 
 Tithes, rent-charges and church rates, p. 496 499. 
 
 Turnpike roads, p. 499502. 
 
 Weights and measures, p. 502. 
 
 Wreck and salvage, pp. 502, 503. 
 
 Miscellaneous forms, p. 504 506. 
 Index, pp. 507-543.
 
 ADDENDA ET ERRATA. 
 
 PAGE 
 
 4. Insert in note (j) "also 5 Geo. 4, c. 96." 
 63. Add the words " or Order " to the description of Form 78. 
 
 70. Form 24, instead of" No. 13" read " No. 14." 
 
 26, instead of " No. 13, ante, p. 28 " read " No. 14, ante, p. 29." 
 
 71. 29, insert in the description of the Form, after the word " witness," 
 
 " to be bound in recognizance to." 
 
 77. Insert a Form "26o" as follows: " Transferring or Discharging Parish 
 Apprentice without Consent of Justices. Id. s. 10.] did put away 
 and transfer unto M. B. [or " did discharge and dismiss from his 
 service"] a parish apprentice named J. Y., then bound to the said 
 A. B. as apprentice, by the overseers of the poor of the parish of 
 
 aforesaid, without the consent of two justices of the peace 
 
 required in that behalf, contrary, &c." 
 79. Form 5, last line, for "p. 66" read "p. 67." 
 89. ,, 14, Jirst line, for "producing," read "providing." 
 
 101. 3, second line, for "55," read "58." 
 
 107. 4 should be numbered "7." 
 
 119. Insert the number "41" before "information," &c. fourth line from 
 bottom. 
 
 124. Form 5, insert, before the words "contrary, &c." in last line, "by notice 
 in writing under the hand of the said C. D., three days before the 
 said refusal [or neglect], according to the said statute." 
 
 250. Form 4, first line, for "containing," read "continuing." 
 
 292. 42, ./n st line, for " with intent to commit felony," read " with intent 
 to carnally know a girl under ten years of age." 
 
 365. Form 7, add at foot, "vide Form 8, post, p. 384, where items dis- 
 allowed in accounts." 
 
 380. First line, insert " or " between the words " person " and " his." 
 
 448. Twelfth line from bottom of page, for " then," read " their."
 
 JFormulfst 
 
 INTRODUCTION. 
 
 PREVIOUS to the passing of the acts, known as Jervis's Acts (a), Preliminary 
 in the session of 1848, for facilitating the performance of the 
 duties of justices of the peace out of sessions with respect to 
 summary convictions and orders, and indictable offences, 
 which give in their schedules general outlines or forms in 
 those matters for the use of magistrates, there was great diver- 
 sity in the frame and features of such instruments, then in use, 
 and in the various Books of Practice upon the subject, and 
 which was greatly increased " by the omission of the legisla- 
 ture to make proper general regulations, by the dissimilarity 
 of the forms and directions which they did provide in particular 
 cases (ft), and by many cases being left without any such pro- 
 Co) 1 1 & 12 Viet. c. 43 (Summary Convictions and Orders) ; 1 1 & 12 Viet, 
 c. 42 (Indictable Offences), both passed on the 14th of August, 1848, but 
 taking effect from the 2nd of October. 1848. 
 
 (6) Previous to the 3 Geo. 4, c. 23 (totally repealed by s. 36 of 11 & 12 
 Viet. c. 43), convictions were drawn up with great particularity, setting forth 
 all the proceedings the evidence, examination and cross-examination of wit- 
 nesses for the defendant as well as the prosecutor or complainant ; the 3 Geo. 
 4, c. 23, gave a general form of conviction applicable to all cases where the statute 
 creating the offence gave no particular form ; but still this general form was 
 unnecessarily prolix, as setting out the appearance or nonappearance of the 
 defendant, the evidence, &c., and in modern legislation it was customary to 
 give a form of conviction omitting the evidence altogether and otherwise short- 
 ening it in many points ; but in doing this they went to another extreme, 
 namely, omitting to state in the adjudication for what length of time the de- 
 fendant was to be imprisoned in case he did not pay the penalty, or what was 
 to be done in that event, while some went the length of omitting an adjudica- 
 tion altogether. (See note of Archbold to Jervis's Acts, p. 149, 2nd edit) Some 
 also were unnecessarily long in the application of the penalty, &c. (vide 7 & 8 
 Geo. 4, cc. 29, 30). The comprehensive body of forms of convictions, orders, 
 &c. given in Jervis's Acts, are admirably practical as general outlines, and 
 contain all that is necessary to be shown and stated in the simplest cases the 
 variations necessary in other cases are shown in the following collection.
 
 2 Introduction. 
 
 visions at all (c) ;" but now, from the general nature and ap- 
 plication of the statutes referred to, the outlines given in them 
 can, with such variations and additions as are necessary to be 
 made to comply with the particular and numerous require- 
 ments of the statute or statutes in certain matters and the exi- 
 gencies of the case, be adapted (and which is the especial 
 purpose of the present collection) practically to almost every 
 variety of form required in the discharge of the manifold duties 
 of justices of the peace out of sessions, thereby securing that 
 great desideratum in legal proceedings of this nature unifor- 
 mity informs, as well as in practice. 
 
 Divisions of this For the sake of simplicity, we will divide these Introductory 
 
 introduction. Remarkg into Three Divisions : 
 
 1. On the Provisions in Jervis's Acts as to Forms. 
 
 2. On the Arrangement of this Collection of Precedents. 
 
 3. The Manner of Using the Forms, and the Provisions of 
 
 Jervis's Acts thereon. 
 
 1. ON THE PROVISIONS IN JERVIS'S ACTS AS TO FORMS. 
 
 l."0n the Pro- Although the acts alluded to do not render it imperative to 
 vision m Jervis's uge tne severa i f onns given in the schedules, yet, inasmuch as 
 
 Acts as to i j i 
 
 Forms. it is provided by the 32nd section of the 11 & 12 Viet. c. 43, 
 
 and the 28th section of the 11 & 12 Viet. c. 42, that those 
 forms, or forms to the same or the like effect, shall be deemed 
 good, valid and sufficient in law, and all other published forms 
 being so dissimilar in their frame and features (cT) that they 
 cannot with safety be now used in practice, it will be more pru- 
 dent, and has become the practice in petty sessions, to adopt 
 those which are thus legalized in all matters, using the outlines 
 given as the framework on which to erect others of special or 
 rare occurrence, or in special sessions matters. 
 
 What 11 & 12 Jervis's Act (11 & 12 Viet. c. 43), relating to summary con- 
 
 Vict. c. 43 victions and orders, applies, with some exceptions hereafter 
 (Summary Con- 
 victions and 
 
 Orders) applies (c) y he Bench Formu i ist> published by Knight, 1846, p. 3. 
 (d) Vide note (b) for instance, and also Bench Formulist, pp. 12, 21, 23, 
 
 27, 28, 67, 73, 125, 168, 197, 209, wherein the order and relation of the 
 several parts of these instruments are inverted in the case of warrants and other 
 forms directed to persons to execute or obey, they commencing with a com- 
 mand telling them what they are to do, and then explaining the cause. Why 
 not adopt the order of the events in all cases and circumstances, as is done in 
 Jervis's Acts ?
 
 On the Provisions in Jervis's Acts as to Forms. 
 
 noticed, to " all cases where an information shall be laid before 
 
 " one or more of her Majesty's justices of the peace for any 
 
 " county, riding, division, liberty, city, borough or place within 
 
 " England or Wales, that any person has committed or is sus- 
 
 " pected to have committed any offence or act within the juris- 
 
 " diction of such justice or justices for which he is liable by 
 
 " law, upon a summary conviction for the same before a justice 
 
 " or justices of the peace, to be imprisoned or fined, or other- 
 
 " wise punished," and also to " all cases where a complaint 
 
 " shall be made to any such justice or justices upon which he 
 
 " or they have or shall have authority by law to make any 
 
 " order for the payment of money or otherwise" (s. 1), and 
 
 which section, after providing for the issue of the summons 
 
 and its service in such cases, contains a proviso that nothing 
 
 in the statute " shall oblige any justice or justices of the peace 
 
 " to issue any summons in any case where the application for 
 
 " any order of justice is by law to be made ex parte (e) ;" but 
 
 the 35th section excludes from its operation several matters : it Exception 
 
 enacts, " That nothing in this act shall extend or be construed clause - 
 
 " to extend 
 
 To any warrant or order for the removal of any poor person who is 
 or shall become chargeable to any parish, township or place (_/*) ; 
 
 Nor to any complaints or orders made with respect to lunatics, or 
 the expenses incurred for the lodging, maintenance, medicine, 
 clothing, or care of any lunatic or insane person (g) ; 
 
 Nor to any information or complaint or other proceeding under or 
 by virtue of any of the statutes relating to her Majesty's 
 revenue of excise or customs, stamps, taxes, or post-office (A) ; 
 
 (e) Mr. Archbold has, in a second edition of Jervis's Acts, note, p. 136, 
 given his opinion as to the applicability of the 11 & 12 Viet. c. 43, to certain 
 specified cases, and so have the editors of " The Magistrate." These will be 
 noticed in their proper places in this collection. 
 
 With respect to the orders referred to in the proviso which can be made 
 ex parte they are the following : orders of removal of paupers and lunatics, 
 (excepted however from the operation of the act by s. 35) ; on overseers for con- 
 stables and justices' clerks' fees (5 & 6 Viet. c. 109, s. 17); on county trea- 
 surer (27 Geo. 2, c. 3, s. 1 ; 1 & 2 Will. 4, c. 41 , s. 13 ; 1 1 & 12 Viet, c 42, 
 ss. 22, 26; 10 & 11 Viet. c. 82, s. 15); on railway company (1 & 2 Viet, 
 c. 80). 
 
 (/ ) The statutes excepted by this are : 4 & 5 Will. 4, c. 76 ; 8 & 9 Viet, 
 c. 117 ; 9 & 10 Viet, c.66; 10 & 11 Viet. c. 33 ; 11 & 12 Viet. c. 31 ; 11 & 
 12 Viet. c. Ill ; 12 Viet. c. 13; and 12 & 13 Viet c. 103; having reference 
 to the subjects in Part III. of this collection, and the " Synopsis." 
 
 (g) The statutes on this subject are : 8 & 9 Viet. cc. 100, 126 ; and 9 & 10 
 Viet. c. 84 ; 1 & 2 Viet c. 1 4 ; and 3 & 4 Viet. c. 54, having reference also 
 to subjects in Part III. ; also 12 & 13 Viet. c. 103. 
 
 (h) The following are a few of the statutes having reference hereto, several 
 
 B2
 
 Introduction. 
 
 What 1 1 & 12 
 Viet. c. 42 (in- 
 dictable of- 
 fences) applies 
 to. 
 
 Special provi- 
 sions applicable 
 to the forms as 
 to the place of 
 justices exer- 
 cising jurisdic- 
 tion ; 
 
 relative to sum- 
 mary convic- 
 tions and orders 
 and indictable 
 offences. 
 
 Nor shall any thing in this act extend or be construed to extend to 
 any complaints, orders or warrants in matters of bastardy made 
 against the putative father of any bastard child, save and ex- 
 cept such of the provisions aforesaid as relate to the backing of 
 warrants for compelling the appearance of such putative father, 
 or warrants of distress, or to the levying of sums ordered to be 
 paid, or to the imprisonment of a defendant for nonpayment of 
 the same (i) ; 
 
 Nor shall anything in this act extend to any proceedings under the 
 acts of parliament regulating or otherwise relating to the labour 
 of children and young persons in mills or factories (;')." 
 
 As to the other of Jervis's Acts (11 & 12 Viet. c. 42), it ap- 
 plies, without exception, to " all cases where a charge or coin- 
 " plaint shall be made before any one or more of her Majesty's 
 "justices of the peace for any county, riding, division, liberty, 
 " city, borough or place within England or Wales, that any 
 " person has committed or is suspected to have committed any 
 " treason, felony, or indictable misdemeanor, or other indict- 
 " able offence whatsoever" (s. 1). 
 
 In addition to the above provisions there are the following 
 special ones, applicable to the use of the adapted forms as to 
 the place where justices may exercise their jurisdiction in sum- 
 mary convictions and orders as well as in indictable offences. 
 
 In the 11 & 12 Viet. c. 42 (relating to indictable offences) 
 there are the following, but those contained in sections 5, 6 and 
 7 of that statute are by the 6th section of the 11 & 12 Viet. 
 c. 43, to apply to summary convictions and orders those pro- 
 visions are: 
 
 1. Where a justice of the peace for any county, riding, division, 
 liberty, city, borough or place, shall be also justice of the peace 
 for a county, riding, division, liberty, city, borough, or place 
 next adjoining thereto or surrounded thereby, it shall and may 
 
 of which are referred to in Chap. 3 of Part I. and Chap. 2 of Partlll. : 
 1 Will. 4, c. 64 ; 4 & 5 Will. 4, c. 85 ; and 3 & 4 Viet. c. 61 (Beerhouses) ; 
 8 & 9 Viet. c. 87 (Smuggling) ; 9 & 10 Viet. c. 99 (Wreck and Salvage) ; 
 50 Geo. 3, c. 41 (Hawkers and Pedlars) ; 2 & 3 Will. 4, c. 120 (Post Horses) ; 
 1 Viet. c. 36, and 10 & 11 Viet. c. 85 (Post Office) ; 11 & 12 Viet. c. 121, 
 and 12 & 13 Viet, c.40 (Excise) ; and 12& 13 Viet. cc. 29 and 90 (Customs). 
 
 (i) The statutes upon the subject here referred to are: 4 & 5 Will. 4, 
 c. 76, ss. 59, 76 ; 2 & 3 Viet. c. 85, ss. 1, 2 ; 7 & 8 Viet. c. 101 ; and 8 & 9 
 Viet. c. 10, which are contained or referred to in Part III. of this collection 
 and of the " Synopsis." 
 
 0') The statutes upon the subject are : 42 Geo. 3, c. 73 ; 3 & 4 Will. 4, 
 c. 103 ; 7 & 8 Viet. c. 15; 8 & 9 Viet. c. 29; 9 & 10 Viet. cc. 18, 40; 10 
 & 1 1 Viet. c. 29.
 
 On, the Provisions in Jervis's Acts as to Forms. 
 
 be lawful for such justice of the peace to act as such for the one 
 county, &c. whilst he is residing or happens to be in the other 
 such county, &c. in all matters and things hereinbefore or here- 
 after in this act mentioned (11 & 12 Viet. c. 42, s. 5). 
 
 2. Any justice or justices of the peace acting for any county at 
 
 large, or for any riding or division of such county, may act as 
 such at any place within any city, town or other precinct, 
 being a county of itself, or otherwise having exclusive jurisdic- 
 tion, and situated within, surrounded by, or adjoining to any 
 such county, riding or division respectively (id. s. 6); but a 
 proviso thereto states that nothing in this act contained shall 
 extend to give power to the justices of the peace for any 
 county, riding or division, not being also justices for such city, 
 town or other precinct, or not having authority as justices of the 
 peace therein, or any constable or other officer acting under 
 them, to act or intermeddle in any matters or things arising 
 within any such city, town or precinct, in any manner whatso- 
 ever. 
 
 3. Section 7 relates to detached parts of other counties; and, after 
 
 reciting that " doubts have arisen whether the powers given to 
 justices by the 2 & 3 Viet. c. 82 (/c) are applicable to cases of 
 summary jurisdiction, and to acts merely ministerial," enacts 
 " that all the acts of any justice or justices, and of any constable 
 or officer in obedience thereto, shall be as good in relation to 
 any detached part of any county which is surrounded, in whole 
 or in part, by the county for which such justice or justices acts 
 or act, as if the same were to all intents and purposes part of 
 the said county." 
 
 The following are not in Jervis's Acts, but in other authori- 
 ties not before noticed : 
 
 4. A justice of one county, &c. must act within it (Paley, Conv. 17; 
 
 2 Arch. J. P. 30); and the matter in question must have 
 arisen in his county, but residence in the county for which he is 
 then acting is not necessary to give jurisdiction. 
 6. For offences committed by paupers in a union workhouse, 
 the 7 & 8 Viet c. 101, s. 57, authorizes a justice of the county 
 
 (fc) The 2 & 3 Viet. c. 82, s. 1, after reciting that the administration of 
 justice was hindered by the distance of divers detached parts of counties in 
 England and Wales from the body of the counties to which they severally 
 belong, enacted, " That it shall be lawful for any justice or justices of the 
 peace acting for any county to act as a justice or justices of the peace in all 
 things whatsoever concerning or in anywise relating to any detached part of any 
 other county which is surrounded, in whole or in part, by the county for which 
 such justice or justices acts or act. Vide also 2 fit 3 Will. 4, c. 64, s. 2(5, aud 
 Schedule M. ; and 7 & 8 Viet. c. 61, s. 1.
 
 6 Introduction. 
 
 where the workhouse is situated to commit the offender to the 
 gaol of the county, &c. in which the parish is situate, to which 
 he was chargeable when he committed the offence. Vide also 
 11 & 12 Viet. c. 110, and 12 & 13 Viet. c. 103. 
 
 Backing of war- The following, in ss. 11 15 of 11 & 12 Viet. c. 42, by s. 3 
 
 rants of appre- o f fa Q \\ & 12 Viet. c. 43, apply to summary convictions and 
 hension and , ,. . .. , , , 
 
 commitment. orders as well as indictable oliences : 
 
 7. Upon proof of the handwriting of a justice to a warrant, a justice 
 
 of any county or place in England or Wales may indorse the 
 warrant, and authorize its execution within his jurisdiction 
 (8.11). 
 
 8. English warrants may be backed in Ireland, and vice versa, in the 
 
 event of parties escaping (s. 12). 
 
 9. English warrants may be backed in the isles of Man, Guernsey, 
 
 Jersey, Alderney or Sark, and vice versa (s. 13) ; but there is 
 no provision for backing Scotch or Irish warrants in those 
 islands. 
 
 10. English or Irish warrants may be backed in Scotland (s. 14). 
 
 11. Scotch warrants may be backed in England or Ireland (s. 15). 
 Distress war- 
 rants in sum- Warrants of distress for penalties, &c. may be backed 
 maryconvic- ,-,, & in Viet o 43 s \h 
 
 tions and orders. V 1J ICI< c> *> s ' Iy > 
 
 Relative to in- The following apply to indictable offences exclusively : 
 dicta ble of- 
 fences only. 1. Justices are authorized to issue a warrant and commit for trial 
 
 any person charged with having committed an indictable 
 offence within their jurisdiction, no matter where such person 
 shall reside or be ; 
 
 2. Or, for offences out of their jurisdiction, if the person charged be 
 
 or be supposed or be suspected to be within it (II & 12 Viet. 
 
 r 42 <s 1\ 
 i* i j o. i i. 
 
 3. And also for offences committed at sea or abroad (id. a. 2), or 
 
 against whom an indictment is found (id. s. 3), if the person 
 charged be within their jurisdiction. [N.B. In either of these 
 cases the offender must be committed to the same prison as if 
 the offence had been committed on land within the jurisdiction 
 of the committing justice.] (Vide 7 & 8 Viet. c. 2, s. 3 ; 
 9 Geo. 4, c. 31, s. 7.) See Arch. 2nd edit, of Jervis's Acts, 
 pp. 11, 12.) 
 
 4. The general rule as to the place of trial of an offender is, that he, 
 
 if tried at the assizes, must be tried in that county in which he 
 committed the offence ; or, if tried at the sessions, he must be 
 tried in like manner in that county, riding, division or borough 
 within which the offence was committed, and for which the 
 sessions are boldeu. The following instances are general en-
 
 On the Provisions in Jervis's Acts as to Forms. 
 
 largements of this rule, or exceptions to it. (2 Arch. J. P. 
 567.) 
 
 Offences on the boundary or boundaries of two or more counties, 
 or within 500 yards of such boundary, or begun in one 
 county and completed in another, may be tried, &c. in 
 either (7 Geo. 4, c. 64, s. 12). 
 
 Offences upon persons or property during a journey or voyage 
 may be tried, &c. in any county through part of which the 
 carriage or vessel, &c. shall have passed in the course of the 
 journey or voyage (id. s. 13). 
 
 Offences upon persons, partly in England, or partly out of it, may 
 be tried, &c. in the county or place in England where the 
 death, stroke, poisoning or hurt shall happen (9 Geo. 4, 
 c. 31, s. 8). 
 
 Offences in counties of towns, &c. may, if necessary, be tried at 
 the assizes for the next adjoining county (38 Geo. 3, c. 52, 
 s. 2). 
 
 An accessory before the fact to any felony may be tried and punished 
 as if he were a principal felon (11 & 12 Viet. c. 46, s. 41). 
 
 An accessory after the fact to felony may be tried as such, together 
 with or after the conviction of the principal, or for a sub- 
 stantive felony, whether the principal convicted or not, or 
 amenable to justice, in any court having jurisdiction to try 
 the principal (id. s. 2). By s. 3, counts for stealing and re- 
 ceiving may be joined in the same indictment. 
 
 (For the place of trial in particular cases, vide " Oke's Synopsis," 
 2nd edit., 4th column of Chap. II, of Part II., "Where triable," 
 pp. 341365). 
 
 It will be necessary to mention in this place, in relation Summary con 
 to the forms and convictions (I. ] 3) and orders (K. 13) in 2 s and 
 the 11 & 12 Viet. c. 43, that, by s.17 of that act, those forms When convic- 
 are to be used in all cases under statutes hitherto passed, [nerv 
 whether they contain such forms or not ; but as regards after- c. 43, to be 
 passed statutes, they are to be used except only when such used ' 
 subsequent acts do not give forms, and when they do give 
 them, they are to be used instead (I). 
 
 As to other forms in particular, Jervis's Acts contain no other forms, 
 specific provisions as to their use ; and it therefore follows, that 
 those in the Schedules to Jervis's Acts are to be used, except 
 when subsequent statutes do give such forms. 
 
 (I) The only statutes passed since Jervis's Act (11 & 12 Viet. c. 43) which 
 give forms of conviction and order, are the 11 & 12 /Viet. c. 63 (Public 
 Health Act, 1848) ; 11 & 12 Viet. c. 123 (Nuisances Act) ; and 12 & 13 Viet, 
 c. 92, s. 23 (Cruelty to Animals Act;.
 
 
 Provisions as to 
 objections to 
 
 Effect of vari- 
 
 evidencein 
 summary con- 
 
 Date of offence. 
 
 Place of offence. 
 
 Introduction. 
 
 It * 8 & l so perhaps important to observe, that by various pro- 
 visoes in the sections on the subject in Jervis's Acts(m) no 
 objection can now be taken or allowed to many of the pre- 
 liminary forms and processes to compel appearance of the 
 defendant, viz. the information, complaint, summons or warrants 
 of apprehension, " for any alleged defect therein in substance 
 " or in form, or for any variance between it and the evidence 
 " adduced on the part of the prosecution [informant or com- 
 " plainant] before the justice or justices who shall take the 
 " examination of the witnesses in that behalf;" " but if any 
 " such variance shall appear to such justice or justices to be 
 " such that the party charged has been thereby deceived or 
 " misled, it shall be lawful for such justice or justices, at the 
 " request of the party so charged (n), to adjourn the hearing 
 " of the case to some future day." The above provisions apply 
 to both indictable offences and summary convictions and orders, 
 so that they are placed on the same footing with regard to the 
 effect and operation of such objections to the preliminary pro- 
 cesses : but the act (11 & 12 Viet. c. 43) relating to summary 
 conv i ct ions an( l orders has this additional provision which spe- 
 cifies what variances are not material to the proceedings on 
 informations (0) for offences punishable upon summary con- 
 viction, and it is difficult to foresee what objections to the forms 
 can be material in any given case : the provision is this (sect. 9) 
 " That in all cases of informations for any offences or acts 
 " punishable upon summary conviction any variances between 
 " such information and the evidence adduced in support thereof 
 " as to the time at which such offence or act shall be alleged 
 " to have been committed shall not be deemed material, if it 
 " be proved that such information was in fact laid within the 
 " time limited by law for laying the same; and any variance 
 " between such information and the evidence adduced in sup- 
 " port thereof as to the parish or township in which the offence 
 " or act shall be alleged to have been committed shall not be 
 " deemed material, provided that the offence or act be proved 
 " to have been committed within the jurisdiction of the justice 
 
 () Sections 8, 9, 10 of 11 & 12 Viet. c. 42 (Indictable Offences), and 
 sections 1, 3 of 11 & 12 Viet. c. 43 (Summary Convictions and Orders). 
 
 (n) In the corresponding sections of 11 & 12 Viet. c. 43 (Summary Con- 
 victions and Orders), instead of these words in italic the passage is, " upon suck 
 terms as he or they shall think Jit.'' 
 
 (o) Vide note (a), post, 14, for the distinction between an information and a 
 complaint.
 
 On the Provisions in Jerviss Acts as to Forms. 9 
 
 " or justices by whom such information shall be heard and deter- 
 
 " mined." But it must be here mentioned, that there is nothing Information or 
 
 in the act 11 & 12 Viet. c. 43, that expressly requires that the complaint re- 
 
 r J ^ commended to 
 
 information should be in writing, and if a verbal one was taken be in writing 
 no objection therefore can be made that it is not in writing, m a cases - 
 unless in cases where it is specially required to be so by the 
 statute creating the particular offence or act under consideration 
 or regulating the prosecution for it ; in cases where it is so re- 
 quired, it must be in writing : in cases where the magistrate 
 intends to issue a warrant in the first instance on an information, 
 it ought to be in writing, because the statute (s. 2) requires that 
 the matter of the information should first be substantiated, by 
 oath or affirmation (Arch. 2nd edit, of Jervis's Acts, note, p. 
 123), and also when a warrant is granted on an information or 
 complaint after a summons has been issued and disobeyed (s. 2). 
 In the proceedings in indictable offences there is this difference: 
 no statute relating to the prosecution for a felony or misde- 
 meanor requires an information to be in writing, and sect. 8 of 
 the 11 & 12 Viet. c. 42, makes a general provision that the 
 information shall be in writing, and on oath or affirmation, in 
 all cases where a warrant issues in the first instance ; in all other 
 cases the information may be by parol merely, and without oath 
 or affirmation. 
 
 The Protection of Justices in the Use of Forms.] As to the The Protection 
 forms to be used in the concluding stages of the proceedings, of Justices Jrom 
 
 . V i i vexatious Actions 
 
 from the adjudication to the enforcing of the conviction or order (ii # 12 Viet. 
 or other matter determined, it may not be out of place here to c - 44 ^ 
 give an abstract of the remaining Jervis's Act (11 & 12 Viet, 
 c. 44(/?)) for protecting justices of the peace from vexatious 
 actions for acts done by them in the execution of their office, 
 for they will apply to the justices' jurisdiction, or excess of juris- 
 diction, as appearing upon their written proceedings, against 
 which such actions are generally aimed. The general provisions General pro- 
 of this act applicable to all acts of a justice as to the form of visions as to form 
 , rr . , - , , , ,.,. /N of action, notice, 
 
 action and notice thereof, &c. may be classed as follows (q): & c< 
 
 1. No action is to be brought unless commenced within six calendar 
 months next after the act complained of is committed (s. 8) ; 
 and one calendar month's notice in writing of such action is to 
 
 ( p) Passed and commencing on the same day as 1 1 & 12 Viet. cc. 42, 43. 
 (Vide note (a), ante, p. 1). 
 
 (9) From Oke's Synopsis, 2nd edit. p. 810.
 
 10 Introduction. 
 
 be given to the justice either personally or left at his abode 
 (s. 9). 
 
 2. After notice of action given, and before it is brought, defendant 
 
 (the justice) may tender amends ; or, after action brought, and 
 before issue joined, pay money into court. If no more damage 
 proved, a verdict to pass for defendant, and the sum paid in to 
 be paid out of court to the defendant ; and if amount exceeds 
 the defendant's costs, the residue is to be paid to the plaintiff. 
 If plaintiff elect to accept the sum paid in in satisfaction of 
 damages, a judge to grant an order to that effect, and that de- 
 fendant shall pay the plaintiff's taxed costs, and the action be 
 determined (s. 11). 
 
 3. The onus of proof of due notice, of action brought within the 
 
 time limited, of the cause of action stated in notice, and that 
 it arose in the county laid as venue, to lie on the plaintiff; 
 in either case, if no proof, the plaintiff to be nonsuit, or a ver- 
 dict for the defendant (s. 12). 
 
 4. The venue is to be laid in the county where the act complained 
 
 of was committed, or, if in the County Court, in the district ; 
 and the defendant may plead the general issue, and put any spe- 
 cial matter in evidence under such plea; but no action is to be 
 brought in any such County Court if the justice object thereto, 
 and if within six days after being served with a summons such 
 justice, or his attorney or agent, shall give written notice to the 
 plaintiff that he objects to being sued in such court, all proceed- 
 ings afterwards had in such court shall be null and void (s. 10). 
 
 5. No action to be brought for the manner in which a justice shall 
 
 exercise a discretionary power given him (s. 4). 
 
 6. If a justice refuse to do an act, the Court of Queen's Bench may, 
 
 by rule grounded on an affidavit of the facts, order him to do it, 
 and no action shall be brought against him for doing it (s. 5). 
 
 7. If an action be brought where by this act it is prohibited, a judge 
 
 may set aside the proceedings (s. 7). 
 
 8. For an act done by a justice in the execution of his duty as such 
 
 justice, with respect to any matter within his jurisdiction, the 
 action shall be on the case ; and it shall be expressly alleged in 
 the declaration that such act was done maliciously and without 
 reasonable and probable cause (s. 1). 
 
 9. For an act done by a justice without jurisdiction or exceeding his 
 
 jurisdiction, any person injured thereby, or by any act done 
 under any conviction or order made or warrant issued by such 
 justice thereon, may maintain such action without such allega- 
 tion, as in 8 above (s. 2). 
 
 10. If the act complained of is shown to have been done maliciously 
 and without reasonable and probable cause, and a verdict is 
 given against the justice, or if judgment by default, full costs
 
 On the Provisions in Jerviss Acts as to Forms. 11 
 
 of suit follow ; and where there is a verdict for the justice, he 
 is to have his costs as between attorney and client (s. 14). [Vide 
 16, post, where the plaintiff is not entitled to any costs.] 
 
 The particular provisions of the statute, which, in addition Particular pro- 
 
 i i . . i T 1.1 visions appli- 
 
 to the general provisions above, are applicable more imme- ca bi e to the acts 
 diately to the acts of justices in matters within their cognizance, of justices, 
 are as follows : 
 
 11. No such action [for an act done without or exceeding juris- 
 
 diction, as in 9 above] shall be brought for an act done under a 
 conviction or order until after such conviction shall have been 
 quashed either upon appeal or by the Court of Queen's Bench ; 
 
 12. Nor for any thing done under a warrant issued to procure the 
 
 appearance of the party, and which shall have been followed 
 by a conviction or order, until after such conviction or order 
 shall be so quashed ; 
 
 13. Nor for an act done under a warrant to compel appearance (if 
 not followed by a conviction or order, or if it be a warrant for 
 an indictable offence), if a summons were previously issued and 
 not obeyed (s. 2). 
 
 14. If one justice make a conviction or order, and another grant a 
 warrant upon it, the action must be brought against the former, 
 not the latter, for a defect in such conviction or order (s. 3). 
 
 15. After a conviction or order, confirmed on appeal, no action is to 
 be brought for any thing done under a warrant of distress or 
 commitment upon it (s. 6). 
 
 16. If the plaintiff in an action is entitled to recover, and shall prove 
 the levying or payment of any penalty or sum of money under 
 any conviction or order as part of his damages, or if he prove 
 that he was imprisoned, and seeks to recover damages for 
 such imprisonment, he shall not he entitled to recover the 
 amount of such penalty or sum so levied or paid, or any sum 
 beyond two-pence as damages for such imprisonment, or any 
 costs of suit whatsoever, if it shall be proved that he was actually 
 guilty of the offence of which he was so convicted, or that he 
 was liable by law to pay the sum he was so ordered to pay, and 
 (with respect to such imprisonment) that he bad undergone no 
 greater punishment than that assigned by law for the offence of 
 which he was so convicted, or for nonpayment of the sum he 
 was so ordered to pay (s. 13). 
 
 17. No action to be brought for issuing a distress warrant for a poor 
 
 rate, by reason of any defect in the rate, or that the party is not 
 rateable (s. 4).
 
 12 
 
 Introduction. 
 
 2. On the Ar- 
 rangement of 
 this Collection 
 of Precedents, 
 
 Arranged in 
 Three Parts. 
 
 2. ON THE ARRANGEMENT OF THIS COLLECTION OF 
 PRECEDENTS. 
 
 In conducting magistrates' proceedings it is important to 
 keep in view the nature of the thing requiring to be done; 
 for instance, whether it is a judicial or a ministerial act; or 
 rather, whether it is one wherein the justice's acts are merely 
 preliminary or initiatory, or whether he may adjudicate 
 and determine on a case brought before him ; the judicial 
 functions of justices consisting of the hearing and adjudicating 
 upon informations and complaints out of general or quarter 
 sessions; their ministerial functions, consisting of receiving 
 informations or complaints, for indictable offences, and also for 
 offences or matters determinable in a summary way ; causing 
 the party charged to appear and answer, either by summons or 
 by warrant, and taking bail, &c. ; and, in the case of summary 
 convictions or orders, causing such conviction or order to be 
 executed, by warrant of distress or of commitment. (Arch. 2nd 
 edit, of Jervis's Acts, note, p. 7.) 
 
 For the purpose of giving every aid to the Magistrates and 
 Magistrates' Clerks in the use of the large body of Forms in 
 this Collection, and required by them, it is divided into Three dis- 
 tinct and easily recognized Parts, the First relating to Summary 
 Convictions, the Second relating to Indictable Offences, and the 
 Third to Special and Petty Sessions matters; so that each class 
 or subject of Forms may be found together : this arrangement 
 of the Contents being the same as that of the Subjects and 
 Practice in the second edition of the Compiler's other work, 
 " The Magisterial Synopsis," which has been much approved. 
 Each of the first Two Parts is then divided into Chapters of 
 General and Particular or Special Forms; in the Chapters of 
 General Forms, those given in the Schedules to Jervis's Acts, 
 11 & 12 Viet. cc. 42, 43, are, with others necessary, placed in 
 Sections or Divisions in the order in which the stages of pro- 
 cedure in all cases occur, with all the various modes of desig- 
 nation of "Justices of Counties," "Adjoining Counties," &c.; 
 and the Chapters of Particular or Special Forms contain State- 
 ments describing Offences in a simple manner under each of 
 the usual Titles, with other Special Forms which are necessary 
 in the cases under consideration, and in the order they are 
 required in practice, and with all practical variations and addi- 
 tions or departure from the General Forms to suit the circum-
 
 On the Arrangement of this Collection of Precedents. 13 
 
 stances or exigencies of the case or requirements of statutes, 
 from the preferring of the Information or Complaint down to 
 the Conviction or Commitment or other process used in en- 
 forcing the Judgment. Part III. is also divided into Two 
 Chapters, the First giving Forms for use antecedent to and in 
 all Matters required to be done in Special Sessions; and the 
 Second, those in Petty Sessions, or by one Justice. 
 
 As to the additions and variations alluded to above, neces- Tne necessary 
 
 , ,, . , , variations made 
 
 sary by requirements or terms or particular statutes, or under ; n tne Forms 
 
 special circumstances, to be made in the General Forms of throughout. 
 Information, Complaint, Summons or Warrant, Distress War- 
 rants or Commitments, Convictions and Orders, in many 
 Offences or under many Titles in each part of this Collection, 
 it is only necessary to observe, that they are placed at the 
 foot of the respective Titles to which they are applicable, and 
 consist of the following : 
 
 1. Special Designation of the Justice or Justices taking the Inform- 
 
 ation or adjudicating, as a Police Magistrate, a Stipendiary 
 Magistrate, of two adjoining Counties, acting in a City for a 
 County, &c., for a detached part of another County, at a Special 
 Sessions, or of a Division, or particular Petty Sessions. 
 
 2. Designation of Complainant or Prosecutor. 
 
 3. Designation of Defendant. 
 
 4. Particular Locality of Offence or Matter, and within Justices' juris- 
 
 diction, as a Petty Sessions Division, where Lands situated, &c. 
 
 5. Retention of the particular Terms of the Forms in a Statute, such 
 
 as the Title of the Act, &c. 
 
 6. Special Terms of Adjudication, of Damage, or Compensation, 
 
 Whipping, Second Offence, &c. 
 
 Likewise, under each Title, is stated the particular kind of 
 General Form, such as a Distress Warrant or Commitment, 
 to be used in enforcing the Conviction or Order. 
 
 The Forms necessary in proceedings relating to the of- Forms in mat- 
 fences and matters excepted by sect. 35 of the 11 & 12 Viet. ters within the 
 c. 43 (Summary Convictions and Orders) from the operation 
 of that statute, are collected from the several statutes relating c. 43. 
 to those offences or matters, or from those Forms in approved 
 use, and are placed where the class of the subject requires them. 
 The General Forms however in Chap. I. of Part I., being those 
 from Jervis's Act, 11 & 12 Viet. c. 43, may however be safely 
 used where the statute in particular does not give any for use.
 
 14 
 
 Introduction. 
 
 3. The Man- 
 ner of using the 
 Forms, and the 
 Provisions of 
 Jervis's Acts 
 thereon. 
 
 As to summary 
 convictions. 
 
 3. THE MANNER OF USING THE FORMS, AND THE PROVISIONS 
 OF JERVIS'S ACTS THEREON. 
 
 The best description of the manner of using the General 
 Forms in Jervis's Acts will be an outline of the provisions of each 
 statute, with a reference to the Form to be used by a number. 
 
 First, As TO SUMMARY CONVICTIONS (11 & 12 Viet. c. 43). 
 
 * # * The letters and figures " No. 10 " refer to the number prefixed to the 
 General Forms in Chap. I. of Part I. 
 
 Information or Complaint (a). One justice may receive and grant 
 process thereon, and also to a witness, and do all other neces- 
 sary acts and matters preliminary to the hearing (s. 29). Not 
 to be on oath except where a warrant granted in the first in- 
 stance [or on disobedience of a summons, s. 2], or the particular 
 statute requires it (s. 10) (t). Complaint need not be in writing 
 unless expressly required (s. 8)(c). Only one offence or 
 
 (a) The distinction between an Information and a Complaint is this : an 
 Information is the groundwork of a charge for an offence punishable summarily, 
 either by fine or imprisonment ; a Complaint being an application on the non- 
 payment of money, or for the doing of some other thing subjecting the party in 
 either case to imprisonment in default ; an Information is technically said to be 
 laid, a Complaint to be made: a Conviction is the affirmative result of an In- 
 formation; an Order that of a Complaint (Oke's Synopsis, 2nd edit, note (6), 
 p. 11). 
 
 (6) The particular statutes and sections requiring the Information or Com- 
 plaint in certain cases to be on oath are the following (extracted from Oke's 
 Synopsis, 2nd edit.) : 9 Geo. 4, c. 31, s. 33 (Assaults); 6 & 7 Will. 4, 
 c. 37, s. 13 (Bread and Flour); 6 Geo. 4, c. 129, s. 7 (Combination); 
 33 Geo. 3, c. "55, s. 1 ; 5 Geo. 4, c. 83 ; 5 & 6 Will. 4, c. 76, s. 127 
 (Constables); 6 & 7 Will. 4, c. 65, s. 9 ; 7 & 8 Geo. 4, c. 29, s. 65; 
 9 Geo. 4, c. 69, s. 3 (Game) ; 5 & 6 Viet. c. 98 (Gaols and Houses of Cor- 
 rection) ; 11 & 12 Viet. c. 99, s. 10, and 7 & 8 Geo. 4, c. 30, s. 30 (In- 
 closures); 10 & 11 Viet. c. 82 (Juvenile Offenders); 7 & 8 Geo. 4, c. 29, 
 s. 65 (Larceny); 3 & 4 Will. 4, c. 90, s. 56 (Lighting and Watching Act) ; 
 7 & 8 Geo. 4, c. 30, s. 30 (Malicious Injuries); 22 Geo. 2, c. 27, s. 8 ; 17 
 Geo. 3, c. 56, s. 19 ; 6 & 7 Viet. c. 40, s. 22 (Manufactures, &c.) ; 38 Geo. 
 3, c. 55, s. 1 ; 17 Geo. 2, c. 38 ; 50 Geo. 3, c. 50, s. 4 ; 5 & 6 Viet. c. 57, 
 and 5 Geo. 4, c. 83 (Poor) ; 6 & 7 Viet. c. 30, s. 3 (Poundbreach) ; 3 & 4 
 Viet. c. 97, s. 13 (Railways) ; 7 & 8 Viet. c. 112, s. 15 (Seamen) ; 11 & 12 
 Viet. c. 107, s. 7 (Sheep) ; 9 & 10 Viet. c. 100, s. 22 (Steam Navigation) ; 
 19 Geo. 2, c. 21, s. 12 (Swearing) ; 5 Geo. 4, c. 83 (Vagrants); 20 Geo. 2, 
 c. 19 ; 6 Geo. 3, c. 25 ; 32 Geo. 3, c. 57 ; 4 Geo. 4, c. 34. s. 3 (Appren- 
 tices and Servants); 50 Geo. 3, c. 41 (Hawkers and Pedlars); 33 Geo. 3, 
 c. 54, s. 15; 49 Geo. 3, c. 125, s. 1 ; 10 Geo. 4. c. 56, s. 25 ; 4 & 5 Will. 4, 
 c. 40, s. 7 (Friendly Societies) ; 8 & 9 Viet. c. 109, s. 3 (Gaming Houses) ; 
 1 1 & 12 Viet. c. 63, s. 39 (Public Health Act, 1848) ; 39 & 40 Geo. 3, c. 99, 
 ss. 12, 13 (Pawnbrokers). 
 
 (c) The Information and Complaint are required by the following statutes 
 to be in writing : 7 & 8 Viet. c. 101 (Poor Apprentices) : 11 Geo. 2, c. 19 
 (Distress) ; 4 & 5 Will. 4, c. 76, s. 101 ; 7 & 8 Viet. c. lOl ; 9 & 10 Viet, 
 c. 66 ; 6 & 7 Will. 4, c. 96 (Poor); 11 & 12 Viet. c. 107 s. 8 (Sheep) ; 
 9 & 10 Viet. c. 100, s. 2, and 11 & 12 Viet. c. 81 (Steam Navigation);
 
 The Manner of using the Forms. 15 
 
 matter of complaint to be inserted, and may be preferred by As to Summary 
 counsel or attorney (s. 10). Where no time provided by the Convictions. 
 particular statute, it is to be preferred within six calendar 
 months (s. 11) (d). This statute does not give Forms of In- 
 formation or Complaint (see a Form No. 1). Aiders and abettors 
 are punishable as principals (s. 5). 
 
 Process to issue to Defendants (e). On an Information for an offence 
 or act a summons (No. 8), or warrant (No. 11), at discretion 
 in the first instance, or warrant on disobedience of the summons 
 (No .10), and proof of service. On a Complaint a summons 
 (No. 8), or warrant on disobedience thereof (No. 10). Service 
 of summons personal or at abode a reasonable time before hear- 
 ing, orexparte hearing (ss. 1, 2). 
 
 Bailing Defendant. One justice may commit (No. 12), or take 
 bail (No. 13), either before (s. 16) or on adjournment of the 
 hearing (No. 16) (ss. 9, 3, 16). After adjudication, till return 
 of distress warrant (s. 20) (No. 55). Provisions as to estreating 
 recognizances (No. 15). 
 
 Summons to Witness (No. 19). May be issued in all cases (f) by 
 any one justice, on an oath being made that the witness, who 
 is within the justice's jurisdiction, is likely to give material 
 evidence for either party; service at abode or personally; 
 tender of expenses necessary; warrant on disobedience of sum- 
 mons (No. 21), which can be backed; or warrant in the first 
 instance if witness will not attend (No. 22). Refusing to be 
 examined, c., imprisonment for not exceeding seven days(g) 
 (No. 23) (s. 7). 
 
 Hearing. Before the same number of justices required by the 
 particular statute to adjudicate; under after-passed statutes, 
 containing no direction to the contrary, one justice only necessary, 
 [any qualified justices may act] (A) ; in open court ; attorney 
 
 7 & 8 Viet. c. 101 ; 8 & 9 Viet. c. 10 (Bastards) ; 7 & 8 Will. 3, c. 6, and 
 53 Geo. 3, c. 127, s. 4 (Tithes). In what cases under these statutes and 
 seclioDS they are to be so taken, the reader must refer to the books of practice ; 
 and vide also the observations at p. 9, that the Information and Complaint 
 should, as a safer rule, be always taken in writing in the first instance. 
 
 (rf) Vide Oke's Synopsis, 2nd edit, 3rd column of Chap. II. of Part I., 
 where the cases applicable to this section are shown. 
 
 (e) Vide note (a), p. 20, Oke's Synopsis, 2nd edit. 
 
 (/) Under what circumstances this summons to a witness can be granted, 
 vide Oke's Synopsis, 2nd edit., p. 27. 
 
 (g) It appears that this punishment would be cumulative in those cases 
 where the statutes giving cognizance of the matters impose a penalty on wit- 
 nesses not attending, &c. there are many such, for which see the notes to the 
 2nd column of Chap. II. of Part 1. of Oke's Synopsis, 2nd edit. 
 
 (k) Vide Oke's Synopsis, 2nd edit., 4th column of Chap. II. of Part I., as 
 to what justices are disqualified under particular statutes from acting, and 
 when the hearing must take place before justices of and in a particular locality, 
 &c.; as also the number required to hear and adjudicate, this statute of 11 &
 
 16 Introduction. 
 
 As to Summary allowed for either party (s. 12); where two or more required, 
 
 they must be present and acting together, and it is not necessary 
 that the justice who acts before or after such hearing shall be 
 the justice or one of the justices by whom the same shall be 
 heard and determined (s. 29) ; informer cannot be a witness 
 (s. 15) ; default of appearance of defendant, on proof of due 
 service of summons, warrant to apprehend and adjourn hearing, 
 or proceed ex parte (s. 13) ; default of complainant or informer 
 attending, proceed and dismiss complaint or information with 
 or without costs (ss. 13, 16) (No. 31, 32, 34, 35, 36, 37). 
 
 Appearance of both parties ; charge read; examination of wit- 
 nesses; not necessary to prove a negative in information, &c. 
 (s. 14); adjournment of hearing, and defendant bailed (No. 13, 
 15), or committed (No. 12) (a. 16). 
 
 Adjudication to be pronounced of imprisonment, penalty, 
 amount of damage or compensation, or both, and [in all cases 
 (s. 1 8) ]. Costs of complainant and the imprisonment in de- 
 fault, as the case may be (Convictions, No. 39 41); and 
 orders (No. 44 46) (i). If defendant in prison for another 
 offence, cumulative imprisonment (s. 25). Minute of ad- 
 judication to be made (s. 14, Form No. 30). Copy of minute 
 of an order to be served before enforced (s. 17, Form No. 60). 
 Enforcing Convictions and Orders. Any one justice may do so, 
 and it is not necessary that he should be the justice or one of 
 the justices by whom the case was heard and determined 
 (s. 29). 
 
 Convictions]. 1. Where the punishment is imprisonment only, 
 committal immediate (No. 48) ; costs recovered by dis- 
 tress (No. 49) ; in default, additional imprisonment for 
 not exceeding one calendar month, unless payment there- 
 of, costs of distress, and of commitment and conveyance 
 to prison, be sooner made (s. 24, No. 50) ; on confession 
 of no goods, &c., committal for costs immediate (No. 51). 
 
 12 Viet. c. 43, not affecting the kind of justices nor the number, except as 
 regards after-passed statutes containing no direction to the contrary. 
 
 (') The practical distinction between a Conviction and an Order is this: 
 the former is the record of an affirmative adjudication upon an Information for 
 an offence or act punishable either by a penalty or imprisonment ; the latter is 
 now also a record of a like determination upon a Complaint for non-payment of 
 a sum of money, or for the doing of some other thing, vide note (a), p. 14. 
 
 Here it is proper to recommend to justices' clerks that the convictions and 
 orders should be prepared by them as soon as practicable after each case is 
 heard and adjudicated upon by the justices, so that they may be ready to be 
 signed the first convenient opportunity. Where they are prepared only a day or 
 two before the sessions, at which all orders and convictions have to be returned, 
 much inconvenience arises in obtaining the justices' signatures in proper time, 
 and errors often occur in the drawing them up so long after the facts (perhaps 
 not always clearly written down) are forgotten.
 
 The Manner of using the Forms, $c. 17 
 
 2. Where for a penalty, and in default imprisonment, com- As to Summary 
 
 mittal immediate, or after time given (No. 52); costs in- Convictions, 
 eluded in same warrant as well as conveyance to gaol 
 (s. 23). 
 
 3. Where for a penalty, to be levied by distress, and in default, 
 
 imprisonment ; detainer until return of distress warrant 
 for same and costs, unless security given (No. 53, 55) ; 
 may be backed (ss. 19 20); in default of distress (s. 21), 
 or confession of no goods, or if goods and the distress 
 would be ruinous (s. 19), committal for term adjudged 
 unless penalty and costs of conviction, costs of distress 
 and of commitment and conveyance to prison, be sooner 
 paid (s. 21), (No. 58, 54). 
 
 4. Where no remedy provided by the particular statute in 
 
 default of distress, imprisonment for not exceeding three 
 calendar months, unless penalty, costs of conviction, of dis- 
 tress, and of commitment and conveyance to prison, be sooner 
 paid (s. 22). Forms as 3 above. 
 
 5. Where no remedy given for enforcing payment of a penalty, 
 
 it must be by distress (s. 19). See 4 above for imprison- 
 ment in default. 
 
 Orders.] Minute of an order to be first served (s. 17, Form No. 
 60). 
 
 1. Where the order is for the doing of some act, and on dis- 
 
 obedience imprisonment, committal for term adjudged im- 
 mediate (No. 61); costs recovered as in 1 above (Convic- 
 tions), s. 24, (No. 62, 63, 64), commitment immediate. 
 
 2. Where for payment of a sum recoverable by committal in 
 
 the first instance, the same as 2 (Convictions) above (s. 23, 
 No. 65). 
 
 3. Where for payment of a sum recoverable by distress, the 
 
 same as 3 (Convictions) above (s. 19), No. 66, 67, 68, 69, 
 
 70, and Commitment, No. 71. 
 4 and 5. Where no remedy provided by the particular statute 
 
 in default of distress, or no remedy for enforcing a sum on 
 
 an order, the proceeding will be the same as 4 and 5 on 
 
 Convictions above (ss. 19, 22). 
 
 Costs on Dismissal. Minute of order to be first served (s. 17) ; re- 
 covered from complainant by distress (No. 34), and in de- 
 fault imprisonment for not exceeding one calendar month, 
 unless same and costs of distress and of commitment and con- 
 veying to gaol be sooner paid (ss. 18, 26, No. 37); on confes- 
 sion of no goods, &c., committal immediate (No. 38). 
 Appeal. After an appeal against a conviction or order decided in 
 favour of the respondent, any one justice may enforce such 
 conviction or order; and if costs of appeal given to either party, 
 
 C
 
 18 Introduction. 
 
 and not paid, and the clerk of the peace certifies the non-pay- 
 ment (No. 81), any justice may issue a distress warrant (No. 
 82) for same ; and in default of distress, imprisonment for not 
 exceeding three calendar months, unless the amount, costs of 
 distress and of commitment and conveying to prison be sooner 
 paid (s. 27, No. 83). 
 
 As to Indictable Secondly, As TO INDICTABLE OFFENCES (11 & 12 Viet. 
 
 Offences. Q 42). 
 
 *** The letter and figures " No. 1," refer to the number prefixed to the 
 
 General Forms in Chap. I. of Part II. 
 
 Preferring the Charge(j). If a warrant is intended to issue, an in- 
 formation in writing and on oath must be laid (No. 1) ; but if 
 a summons, it may be by parol merely, and without oath 
 (s. 8). 
 
 Process to issue against Offenders. A summons (No. 7), or warrant 
 (No. 6), at discretion, may be issued in the first instance (ss. 1, 
 9) ; the service of summons to be by a constable or other peace 
 officer, either personally, or, if the accused cannot conveniently 
 be met with, then by leaving the same with some person for 
 him at his last or most usual place of abode (s. 9). Warrant on 
 disobedience (No. 9) and proof of service of summons (s. 9), or 
 a warrant (No. 6), may be issued before or after the time of 
 appearance to the summons (s. 1). 
 
 For offences committed at sea or abroad, a justice where the 
 offender shall be may grant a warrant (s. 2, No. 12). 
 
 Where an indictment found, and the accused is at large, a justice, 
 where offence committed or accused shall be, upon certificate 
 (No. 13) from the clerk of indictments or clerk of the peace, to 
 issue his warrant (No. 14), and on accused being brought 
 before him, and he is satisfied of his identity, to commit him 
 for trial in the usual manner (No. 16); or where accused in 
 custody, to issue warrant to detain him (No. 18, s. 3). 
 
 Any warrant or any search warrant may be granted on a Sunday 
 
 (s. 4). 
 
 Remanding or bailing Accused. One justice may do so by commit- 
 ting accused to gaol (No. 21) for not exceeding eight clear days 
 at a time; or if not three clear days, a verbal order to detain 
 him is sufficient. Instead of committal or detention, accused 
 may be bailed with or without sureties (No. 23, 24, 25) ; and 
 
 (j) There are only a few instances of the time of prosecution for an indict- 
 able offence being limited ; they are 9 Geo. 4, c. 69, s. 4 (Night Poaching); 
 8 & 9 Viet. c. 87, s. 134 (Smuggling): and 1 Geo. 1, st. 2, c. 5, s. 8 (Kiots); 
 11 Viet. c. 12, s. 4 (Treason). Oke's Synopsis. 2nd edit. 301.
 
 The Manner of using tlie Forms, Sfc. 19 
 
 justice may have accused before him before expiration of the As to Indictable 
 remand if in gaol (No. 22, a. 21). Offences. 
 
 Compelling Witnesses' Attendance, fyc. By s. 16 a summons (No. 
 27) may be issued by any one justice, on an oath being made 
 that the person within the justice's jurisdiction is likely to give 
 material evidence for the prosecution. Service may be person- 
 ally or at abode ; if summon disobeyed, a warrant (No. 29) may 
 be issued on proof of service; or if a justice is satisfied by oath 
 that the witness will not attend without being compelled, a 
 warrant in the first instance (No. 30) may be granted. Refus- 
 ing to be examined or to answer questions, committal to prison 
 for not exceeding seven days (No. 31). 
 
 The Preliminary Examination. Place not an open court for this 
 purpose (s. 19). Depositions of witnesses (No. 33) to be taken 
 on oath in the presence of accused, who are to sign same as 
 well as the justice or justices (s. 17); after examination of pro- 
 secutor's witnesses completed, justice to cause depositions to be 
 read to accused, and then to caution him (s. 18, No. 37). If 
 evidence insufficient, accused to be discharged; but if sufficient, 
 to be committed (No. 38) for trial (/c), or bailed (see below), s. 
 25. Money in accused's possession may be applied by justice's 
 order (No. 61) towards the expenses of his conveyance to 
 prison ; if none, a separate order on county treasurer for the 
 amount, setting forth his condition when received (s. 26, 
 No. 59). 
 
 Where offender apprehended in one county, &c., charged with 
 an offence committed in another county, &c., he may be exa- 
 mined in the former (ss. 11, 22); and if evidence sufficient, 
 committal in the usual manner to the gaol of the county where 
 the offence committed, and witnesses bound over ; but if the 
 evidence be insufficient, justice to order [by warrant, No. 41,] 
 accused to be taken before a justice of the county where offence 
 committed, and bind over the witnesses to give evidence, at the 
 same time delivering the complaint and depositions taken to 
 the constable. Order (No. 42) to be made by the latter justice 
 on county treasurer for constable's expenses of conveying the 
 accused into the proper county (s. 22). 
 
 Binding over Prosecutor and Witnesses, 4~c. The justices taking the 
 examinations to do so. Recognizance (No. 42, 44,) to specify 
 trade and number of residence of person bound. Witnesses 
 refusing to enter into same may be committed (No. 46) until 
 
 (fc) Whether to be committed to the assizes or sessions will be seen for every 
 offence at a view, in Oke's Synopsis, 2nd edit. p. 327, and in the fourth column 
 of Chap. II. of Part II. of that work. 
 
 c2
 
 20 
 
 Introduction. 
 
 As to Indictable 
 Offences. 
 
 Points in pre- 
 paring other 
 forms not given. 
 
 after the trial of accused, unless recognizance sooner acknow- 
 ledged. If accused not committed or held to bail for the offence, 
 any justice may [by order, No. 47,] discharge the witness from 
 gaol (s. 20). 
 
 Bailing Accused (s. 23). Before committal, the examining justice 
 may at discretion take bail in any felony and in certain specified 
 misdemeanors (No. 48, 49)(/). 
 
 After committal, the committing justice may do so; or if he 
 be of opinion that the accused should be bailed, he may grant 
 a certificate of consent on the back of the commitment (No. 39), 
 or on a separate paper (No. 50) ; and any justice attending the 
 gaol shall bail him, and the sureties may be taken elsewhere on 
 production of a like certificate to a justice of the same county, 
 or without such certificate by the committing justice. In other 
 misdemeanors than those specified, the examining justice may 
 bail instead of committing, or after committal a visiting justice 
 of the gaol may do so. No bail to be taken for treason but by 
 order of secretary of state. 
 
 A warant of deliverance (No. 51) to be lodged with the 
 gaoler when bail received after committal (s. 24). 
 
 As Jervis's Act, 11 & 12 Viet. c. 43, relating to summary 
 convictions and orders applies only partially to the matters in 
 Chap. II. of Part III. of this Collection of Precedents, an out- 
 line of practice here would be useless, as it will be similar in 
 Orders to that in Summary Convictions, ante, p. 14 ; but each 
 title will show whether it is or not within the operation of that 
 statute, and also the form to be used, if it be so ; that statute, 
 however, does not apply at all to matters to be done in special 
 sessions generally (Vide Arch. 2nd edit, of Jervis's Acts, p. 
 138). 
 
 In preparing special forms, or forms not herein given, those 
 in Jervis's Acts or in this collection will serve as outlines or 
 guides, and by the observance of the few following general 
 notes of the points or formal parts to be attended to in the 
 preparation of such instruments (m) and the order in which 
 
 (0 The cases in which discretionary and where compulsory for the justice to 
 take bail for the accused are shown at one view in the 5th column of Chap. II. 
 of Part II. of Oke's Synopsis, 2nd edit. p. 341 365. The 6th column of the 
 same portion of that work shows what part of the costs of prosecution are 
 allowed in each case. 
 
 (m) Suggested on a perusal of the " Bench Formulist."
 
 The Manner of using the Forms, fyc. 21 
 
 Points in pre- 
 paring other 
 Forms not given. 
 
 the several parts should be placed, no error will arise. For Points in pre- 
 an _ paring other 
 
 Information or Complaint (n). 1. The venue, in the margin. 
 
 2. The party preferring the information or complaint. 
 
 3. The justice taking it, date and place of taking, and show his 
 
 jurisdiction as to place. 
 
 4. Party charged. 
 
 5. Date of offence or matter. 
 
 6. Place of offence or matter within justice's jurisdiction. 
 
 7. Description of offence or matter, with exceptions in statute 
 
 negatived. 
 
 8. Conclusion contra pacem or contra formam statuti. 
 
 9. Jurat and reference to date at top. 
 
 Summons or Warrant, 1, 2, 3, 4, 5, 6, 7 and 8 by recital only. 
 9. Mandate to appear or direction to apprehend. 
 
 10. Date and place of signing and sealing. 
 Convictions. 1. Venue, in the margin. 
 
 2. Date and place of adjudicating. 
 
 3. Defendant's name and designation. 
 
 4. Number and designation of justice or justices. 
 
 5. Date of offence. 
 
 6. Place of offence, and within a particular locality or jurisdic- 
 
 tion of convicting justice. 
 
 7. Description of offence, with the proper exceptions, &c., nega- 
 
 tived. 
 
 8. The precise terms of the adjudication as authorized by the 
 
 statute or statutes. 
 
 9. Jurat, with reference to date and place first above mentioned. 
 Orders. 1. Venue, in the margin. 
 
 2, 3, 4, 5, 6, 7, of complaint above, by recital only. 
 
 8. Statement of appearance or nonappearance of defendant, 
 
 and proof of service of summons. 
 
 9. Hearing of matter, and adjudication of payment, and amount, 
 
 with time, and imprisonment or mode of recovery in de- 
 fault, as provided by the statute or statutes under which 
 the proceeding takes place. 
 
 10. Date and place of signing and sealing. 
 
 (n) The information or complaint, as the case may be, being the foundation 
 of the justice's jurisdiction in summary convictions and orders, and cannot be 
 amended, should be carefully prepared, in order to show every ingredient and 
 requirement of the statute or statutes which give cognizance of the offence or 
 matter ; and such information or complaint being correctly recited in the pro- 
 cess issued or other instrument (as in the case of orders for payment of money, 
 &c.) save much trouble and inconvenience in the preparation of the necessary 
 subsequent forms.
 
 22 
 
 Introduction. 
 
 Points in pre- 
 paring other 
 Forms not given. 
 
 Distress Warrants on Convictions. 1. Venue, in the margin. 
 
 2. Direction at top to constables of parish where offence com- 
 
 mitted. 
 
 3. Recite the conviction as 2 to 8, " Convictions," above. 
 
 4. Recital of nonpayment. 
 
 5. Mandate to constable to levy on defendant's goods, and sell 
 
 and make return. 
 
 6. Date and place of signing and sealing. 
 
 Distress Warrants on Orders. 1. 1 and 2, as last-mentioned. 
 
 2. Recite the order, as 2 to 9, " Orders," above. 
 
 3. 4, 5, 6, as last-mentioned. 
 Commitment in Default. 1. Venue, in the margin. 
 
 2. Direction to constable and gaoler. 
 
 3. 3 and 4 as in " Distress Warrants," above, according as it 
 
 may be on conviction or on order to 4. 
 
 4. Mandate to constable to convey, and to gaoler to receive and 
 
 imprison. 
 
 5. Condition of discharge. 
 
 6. Date and place of signing and sealing. 
 
 Commitment to Imprisonment or jor a Penalty. 1. 1 and 2, as in 
 last-mentioned form. 
 
 2. Recite conviction, as 2 to 8, " Convictions," above. 
 
 3. Recital of nonpayment (if for a penalty). 
 
 4. 5, 6, as 4, 5, 6, in last-mentioned form.
 
 PART I. 
 
 SUMMARY CONVICTIONS AND ORDERS. 
 
 CHAPTER I. 
 
 GENERAL FORMS OR OUTLINES. 
 
 * ft * All the Forms in this Chapter, except where otherwise stated to the 
 contrary, are from the Schedule to Jervis's Act, 1 1 & 12 Viet. c. 43 ; the 
 Sections placed in the margin of such Forms are where they are referred to in 
 the body of that Statute, and the letter, &c. (as O I ) after the description of 
 the Form is the same as prefixed thereto in such Schedule. The works referred 
 to also in the margin are the three editions of Jervis's Acts. 
 
 In the Forms given in the Schedule mentioned, the Venue is invariably 
 omitted from the margin ; but it should always be inserted in magisterial pro- 
 ceedings. 
 
 SECT. 1. INFORMATIONS AND COMPLAINTS. 
 
 1. Information or Complaint, with or without Oath, with vide ss. 1. 8, 
 Variation when substantiated by another Person than the 10; Archb'old's, 
 Informant, Prosecutor or Complainant. (Not in Jervis's 2nd ed. pp. 96, 
 Act.) ! 21> ] 25; o 
 
 Saunders, 2nd 
 
 ^ The information [or " complaint"] of C. D., of the parish of ed. pp. 85, 99, 
 
 to wit. S , in the \county~\ of , labourer, I GI > Oke's 
 
 If preferred by an attorney or agent, say: " by D. E., his duly authorized )sl ?', n on 
 
 agent [or ' attorney'] in this behalf." 
 
 taken [upon oath, if so required] before me, the undersigned, one of her 
 
 Majesty's justices of the peace, 
 
 Justice of county or borough] in and for the said [count]/] of C., at N., in Descriptions of 
 
 the same [county]. justices. 
 
 Of two adjoining counties, tyc.] of and for the counties [or " ridings, divi- 
 sions, liberties, or city, or borough"] of C. and S., being next adjoin- 
 ing counties [or " ridings, divisions," &c.] [or " surrounded by the 
 said county of C."], at N., in the said county [or " borough," &c.J 
 of S. 
 
 When acting for a detached part of another count]/] of and for the county 
 of C., and acting for the county of S. at N., in the said county of C., 
 the parish where the offence [or " matter of complaint"] hereinafter 
 mentioned was committed [or " arose"], being a detached part of the 
 said county of S., and surrounded in part [or " in whole"] by the said 
 county of C.
 
 24 
 
 Summary Convictions and Orders. [PART i. 
 
 A stipendiary magistrate] in and for the [here insert the district or place], 
 being a stipendiary magistrate for the said [district, fyc.~\, siding in open 
 court, and having by law the power to do acts usually required to be 
 done by two or more justices of the peace. 
 
 A metropolitan police magistrate'] in and for the county of Middlesex, one 
 of the police magistrates of the metropolis, sitting at the police court, 
 Great Marl borough Street, in the parish of St. James, Westminster, 
 within the metropolitan district. 
 
 Of a divisional petty sessions] in petty sessions in and for the division of 
 N., in the said county of C., at N., in the same division and county. 
 
 this day of , in the year of our Lord one thousand eight hun- 
 dred and fifty, who saith* that [he hath just cause to suspect and believe, 
 and doth suspect and believe that] A. B., of the parish of L., in the said 
 
 county of C., labourer [within the space of , the time within which 
 
 the information or complaint must be laid, last past, to wit], on the 
 
 day of instant, at the parish of C., in the county aforesaid,** did 
 
 [Here set out the offence, Sfc. in the manner described in either of the 
 special forms of statements of offences applicable in Chap. II. of 
 this portion oj the collection.] 
 contrary to the form of the statute in such case made and provided. 
 
 C. D. [or " D. E."] 
 
 %* If a warrant is granted in the first instance upon the above in- 
 formation, insert here : 
 
 " The matter of the above information is now substantiated before 
 me, the said justice [or ' me the said police magistrate, sitting at 
 the said police court as aforesaid,' or ' me the said stipendiary 
 magistrate, sitting in open court as aforesaid'], by the oath of the 
 [above-named C. D.] L. M., of the parish of D., in the county 
 of S., farmer." 
 
 C.D. [or"D. E."] 
 
 Taken [and sworn] before me, the day ^ 
 and year and at the place above men- > 
 tioned, J. S. j 
 
 Vide s. 2 ; 
 Arch. p. 101 ; 
 Saund. p. 89 ; 
 Oke's Syn. p. 
 20,21. 
 
 2. Deposition on Charge or Complaint substantiated on a 
 Warrant being granted on disobedience to a Sum- 
 mons (a). (Not in Jervis's Act.) 
 
 County of } The matter of the within information [or " complaint"] 
 
 , /was on this day of , 1850, substantiated before 
 
 to wit. Jme the within-mentioned justice [or "the undersigned, one 
 of her Majesty's justices of the peace in and for the county of C."J at N., 
 in the said county of C., by the oath of the within-named C. D., [or 
 " L. M., of the parish of D., in the said county of S. farmer."] 
 
 C. D. [or L. M."] 
 Before me, J. S. 
 
 (a) Sect. 10 of 11 & 12 Viet. c. 43. This would not be required if the 
 information or complaint was originally taken upon oath, according to the pro- 
 visions of the statutes giving cognizance of the offence or matter. It may be on 
 a separate paper, and annexed to the information or complaint; but it is more 
 convenient to have it printed on its back.
 
 CHAP, i.] Sect. 1. Informations and Complaints. 25 
 
 3. Information at the Suit of an Informer. (Not in Jer vis's 
 
 Act.) 
 
 County of "^ Be it remembered, that on this day of , in 
 
 C. ^the year of our Lord one thousand eight hundred and 
 to wit. J fifty, C. D,, of the parish of C., in the county of C. [Za- 
 bourer], in his proper person cometh before me the undersigned, 
 one of her Majesty's justices of the peace in and for the said county of 
 C. (6), and now giveth me the said justice to understand and be informed, 
 that one A B., of the parish of L., in the county of C. [labaurer], within 
 
 the space of now last past, to wit, on the day of , at 
 
 the parish of C., in the county aforesaid, did, 
 
 [Here set out the offence in the manner described in either of the 
 statements applicable in Chap. II. of this portion of the collec- 
 tion.] 
 
 contrary to the form of the statute in such case made and provided, 
 whereby and by force of the said statute the said A. B. hath forfeited a 
 
 sum of money not exceeding pounds for the said offence (the same 
 
 being his [first] offence) to be paid and applied according to law ; And 
 thereupon the said C. D. prayeth judgment in the premises and that 
 the said A. B. may be caused to appear before the justices aforesaid to 
 answer the said information, and make his defence thereto. 
 
 ** Vide the asterisks at conclusion of form 1, for a form to be in- 
 serted here where a warrant granted in the first instance. 
 Exhibited [and sworn] before me the day and ) 
 year and at the place above-mentioned, j C. D. 
 
 J.S. 
 
 4. Information for a Second Offence (c). (Not in Jervis's 
 
 Act.) 
 
 [Proceed with offence complained of as in No. 1, to the conclusion, and 
 then add:] And also that he the said A. B. heretofore and before the 
 
 commission of the said last-mentioned offence, to wit, on the day of 
 
 last, at N., in the county aforesaid, was duly convicted before [one] 
 
 of her Majesty's justices of the peace in and for the said county, for that 
 he the said A. B., on &c. at &c. [here describe the offence as in the jirst 
 conviction], contrary, &c. : And that the said A. B. was thereupon ad- 
 judged for his said last-mentioned offence to be imprisoned [or as the case 
 may be, stating correctly the terms of the former adjudication.] 
 
 5. Information for a Third Offence. (Not in Jervis's Act.) 
 
 [Proceed as in No. 4, adding thereto at the end the Jirst offence committed, 
 the last offence complained of then standing first in the information.] 
 
 (b) Vide other descriptions of justices in body of information, form 1, ante, 
 p. 23. 
 
 (c) Instead of averring the former conviction in the formal manner here 
 shown, it may be open to doubt whether stating the previous conviction in 
 general terms is not sufficient in the information, i. e. " the same being his 
 [second] offence ;" but an express and formal averment in the conviction must 
 be made.
 
 26 
 
 Summary Convictions and Orders. [PART I. 
 
 Vide s. 5 ; 6. Information against an Aider or Abettor, with or without 
 Arch. p. 113 ; the Principal. (Not in Jervis's Act.) 
 
 Oke's Svn D 1*5 [Proceed with offence against the principal as in No. 1 or 3 t o the con- 
 clusion, and then add :] And that F. G., of &c. was then and there pre- 
 sent [" wilfully," or as the statute may be], aiding and abetting the said 
 A. B. to do and commit the said offence, contrary to the form of the sta- 
 tute in such case made and provided. 
 
 Vide s. 5 (id.) 7. Information against a Counsellor or Procurer. (Not in 
 
 Jervis's Act.) 
 
 [Proceed with offence against the principal as in No. 1 or 3 to the con- 
 clusion, and then add:] And that F. G., of &c. before the said offence 
 
 was committed as aforesaid, to wit, on the day of aforesaid, at 
 
 the parish of [aforesaid], did [" wilfully," or as the statute may be], 
 
 counsel and procure the said A. B. to do and commit the said offence, 
 contrary, &c. 
 
 Vide s. 1 ; 
 Arch. p. 95 ; 
 Saund. p. 85 ; 
 Oke's Syn. pp. 
 20-23. 
 
 Vide s. 2 ; 
 Arch. p. 101 ; 
 Saund. p. 89 ; 
 Oke's Syn. pp. 
 20, 21. 
 
 SECT. 2. THE PROCESS TO ISSUE TO DEFENDANTS. 
 
 8. Summons to the Defendant upon an Information or 
 Complaint (A). 
 
 To A. B. of [labourer], 
 
 Whereas information hath this day been laid [or " complaint hath this 
 day been made"] before the undersigned, [one] of her Majesty's justices 
 
 of the peace in and for the said [county] of , for that you [here 
 
 state shortly the matter of the information or complaint] : These are there- 
 fore to command you, in her Majesty's name, to be and appear on , 
 
 at o'clock in the forenoon, at , before such justices of the peace 
 
 for the said county as may then be there, to answer to the said informa- 
 tion [or " complaint"], and to be further dealt with according to law. 
 
 Given under my hand and seal this day of , in the year of our 
 
 Lord , at , in the [county] aforesaid. J. S. (L.S.) 
 
 9. Deposition of the Constable or other Person of the Service 
 of the Summons. (Not in Jervis's Act.) 
 
 ) The deposition of J. N., constable of the parish of C., in 
 
 to wit. i the said [county], taken upon oath before me the undersigned, 
 one of her Majesty's justices of the peace for the said [county] of C., at N., 
 
 in the same [county], this day of , 1850, who saith, that he 
 
 served A. B. mentioned in the annexed [within] summons, with a dupli- 
 cate thereof, on the day of last personally [or " by leaving the 
 
 same with N. O. at the said A. B.'s usual place of abode at N , in the 
 county of S."] J. N. 
 
 Before me, J. S. 
 
 10. Warrant where the Summons is disobeyed (B). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas on last past information was laid [or " complaint was 
 
 made"] before the undersigned, [one] of her Majesty's justices of the
 
 CHAP, i ] Sect. 2. Process to issue to Defendants. 27 
 
 peace in and for the said county of , for that A. B. [<c. as in the 
 
 summons]: And whereas I then issued my summons unto the said A. B., 
 
 commanding him in her Majesty's name to be and appear on , at 
 
 o'clock in the forenoon at , before such justices of the peace 
 
 for the said county as might then be there, to answer to the said informa- 
 tion [or " complaint"], and to be further dealt with according to law : 
 And whereas the said A. B. hath neglected to be or appear at the time 
 and place so appointed in and by the said summons, although it hath 
 now been proved to me upon oath that the said summons hath been duly 
 served upon the said A. B. : These are therefore to command you, in her 
 Majesty's name, forthwith to apprehend the said A. B , and to bring him 
 before some one or more of her Majesty's justices of the peace in and for 
 the said county, to anwer to the said information [or " complaint"], and 
 to be further dealt with according to law. Given under my hand and 
 
 seal, this day of , in the year of our Lord , at , in 
 
 the [county] aforesaid. J. S. (L.S.) 
 
 11. Wai-rant in the first instance (C). Vide s. 2 (id.) 
 
 To the constable of , and to all other peace officers in the said 
 
 [county"] of . 
 
 Whereas information hath this day been laid before the undersigned, 
 [one] of her Majesty's justices of the peace in and for the said [county'] 
 
 of , for that A. B. [here state shortly the matter of the information], 
 
 and oath being now made before me substantiating the matter of such 
 information : These are therefore to command you, in her Majesty's 
 name, forthwith to apprehend the said A B , and to bring him before 
 some one or more of her Majesty's justices of the peace in and for the 
 said county, to answer to the said information, and to be further dealt 
 
 with according to law. Given under my hand and seal this day of 
 
 , in the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 11 a. Indorsement in backing a Warrant (K). Vide s. 11 of 
 
 ^ Whereas proof upon oath hath this day been made before me, 42, and s. 3 of 
 
 to wit. S one of her Majesty's justices of the peace for the said [county'] 1 1 & 12 Viet. 
 
 of , that the name of J. S. to the within warrant subscribed is of the c. 43. 
 
 handwriting of the justice of the peace within mentioned ; I do therefore 
 hereby authorize W. T. who bringeth to me this warrant, and all other 
 persons to whom this warrant was originally directed, or by whom it may 
 lawfully be executed, and also all constables and other peace officers of the 
 
 said [county] of , to execute the same within the said last-mentioned 
 
 [county]* and to bring the said A. B., if apprehended within the said 
 [county], before me, or before some other justice or justices of the peace of 
 the same county, to be dealt with according to law. 
 
 Given under my hand, this day of 184 . J. L. 
 
 * The words following this asterisk are to be used only where the jus- 
 tice, backing the warrant shall think fit, and may be omitted in 
 backing English warrants in Ireland, Scotland, $T., or in backing 
 Irish or Scotch warrants, $c., in England.
 
 28 
 
 Summary Convictions and Orders. [PART I. 
 
 Vide sect. 3 ; 
 Arch. p. 105; 
 Saund. p. 91; 
 Oke's Syn. pp. 
 24-27. 
 
 SECT. 3. REMANDING DEFENDANT, AND TAKING BAIL. 
 
 12. Warrant of Committal for safe Custody during an 
 Adjournment of the Searing (D). 
 
 To W. T., constable of , and to the keeper of the [house of 
 
 correction] at . 
 
 Whereas on last past information was laid [or "complaint was 
 
 made"] before the undersigned [one] of her Majesty 'sjustices of the peace in 
 
 and for the said [county] of , for that [4"C., as in the summons] : And 
 
 whereas the hearing of the same is adjourned to the day of , 
 
 instant, at o'clock in the forenoon at , and it is necessary that 
 
 the said A. B. should in the meantime be kept in safe custody : These are 
 therefore to command you the said constable, in her Majesty's name, 
 
 forthwith to convey the said A. B. to the [house of correction] at , 
 
 and there deliver him into the custody of the keeper thereof, together with 
 this precept ; and I hereby command you the said keeper to receive the 
 said A. B. into your custody in the said [house of correction,] and there safely 
 
 keep him until the day of instant, when you are hereby required 
 
 to convey and have him the said A. B., at the time and place to which 
 the said hearing is so adjourned as aforesaid, before such justices of the 
 peace for the said [county] as may then be there, to answer further to the 
 said information [or " complaint"], and to be further dealt with according 
 to law. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 Vide s. 3 (id.) 13. Recognizance for the Appearance of the Defendant where 
 the Case is adjourned, or not at once proceeded with (E). 
 
 Be it remembered, that on , A. B. of [labourer], and L. M. 
 
 of [grocer], personally came before the undersigned, [one] of her 
 
 Majesty's justices of the peace in and for the said [county] of , and 
 
 severally acknowledged themselves to owe to our sovereign lady the Queen 
 the several sums following; (that is to say,) the said A. B. the sum of 
 
 , and the said L. M. the sum of , of good and lawful money of 
 
 Great Britain, to be made and levied of their several goods and chattels, 
 lands and tenements respectively, to the use of our said lady the Queen, 
 her heirs and successors, if he the said A. B. shall fail in the condition 
 indorsed. 
 
 Taken and acknowledged, the day and year ) 
 
 first above mentioned, at , before me, > 
 
 J. S. 
 
 The condition of the within-written recognizance is such, that if the 
 
 said A. B. shall personally appear on the day of instant, at 
 
 o'clock in the forenoon at , before such justices of the peace for 
 
 the said [county] as may then be there, to answer further to the inform- 
 ation [or " complaint"] of C. D. exhibited against the said A. B., and 
 to be further dealt with according to law, then the said recognizance to be 
 void, or else to stand in full force and virtue.
 
 CHAP, i.] Sect. 3. Remanding Defendant, and taking Bail. 29 
 
 14. Notice of such Recognizance to be given to the Defendant Vide s. 3 (id.) 
 and his Surety. 
 
 Take notice, that you A. B. are bound in the sum of , and you 
 
 L. M. in the sum of , that you A. B. appear personally on at 
 
 o'clock in the forenoon at , before such justices of the peace for 
 
 the said county as shall then be there, to answer further to a certain in- 
 formation [or " complaint"] of C. D., the further hearing of which was 
 adjourned to the said time and place, aud unless you appear accordingly 
 the recognizance entered into by you A. B., and by L. M. as your surety, 
 will forthwith be levied on you and him. 
 
 Dated this day of , 184 . 
 
 J.S. 
 
 15. Certificate of Non-appearance, to be indorsed on the vide s. 3 (id.) 
 Defendant's Recognizance (F). 
 
 I hereby certify that the said A. B. hath not appeared at the time and 
 place in the said condition mentioned, but therein hath made default, by 
 reason whereof the within-written recognizance is forfeited 
 
 J.S. 
 
 16. Warrant to remand a Defendant when appreliended (H). Vides. 13 ; 
 
 To W. T. constable of , and to the keeper of the [house of cor- Saund. p. 104' 
 rection] at . Oke's Syn. p. ' 
 
 Whereas information was laid [or " complaint was made"] before the 25. 
 undersigned, [one] of her Majesty's justices of the peace in and for the 
 
 said [county] of , for that [4'f- as in the summons or warrant]: And 
 
 whereas the said A. B. hath been apprehended under and by virtue of a 
 warrant upon such information [or " complaint"] and is now brought 
 before me as such justice as aforesaid : These are therefore to command 
 you the said constable, in her Majesty's name, forthwith to convey the 
 
 said A. B. to the [house of correction] at , and there to deliver him 
 
 to the said keeper thereof, together with this precept ; and I do hereby 
 command you the said keeper to receive the said A. B. into your custody 
 
 in the said [house of correction], and there safely keep him until 
 
 next, the day of instant, when you are hereby commanded 
 
 to convey and have him at at o'clock in the forenoon of the 
 
 same day, before such justices of the peace of the said [county] as may 
 then be there, to answer to the said information [or " complaint"] and 
 to be further dealt with according to law. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord at in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 17. Notice to the Complainant or Informant of Defendant's vide s. 13 (id.) 
 Apprehension, and of Day of Searing. (Not in Jervis's Act.) 
 
 Court of Petty Sessions for the division of N., the day of 
 
 1850, at N. 
 
 We beg to give you notice, that A. B., against whom a warrant was 
 issued on your information [or " complaint"], has been apprehended and 
 brought this day at the place above named, and ordered by a justice to
 
 30 
 
 Summary Convictions and Orders. [PART i. 
 
 be brought up at tbe same place on next, at twelve o'clock at noon, 
 
 on the hearing of the said information [or " complaint"], when and 
 where you are required to attend. 
 
 Your's, &c. 
 To Mr. C. D. of . I. G. and B., clerks to the justices. 
 
 Vide s. 7 ; 
 Arch. p. 115 ; 
 Saund. p. 97 ; 
 Oke's Syn. p. 
 2731. 
 
 SECT. 4. OF COMPELLING WITNESSES' ATTENDANCE, &c. 
 
 18. Deposition that a Person is a material Witness. (Not in 
 Jervis's Acts.) 
 
 County of } The deposition of J. N., of the parish of C., in the said 
 C. > county [J'armer], taken on oath before me the undersigned, 
 
 to wit. j one of her Majesty's justices of the peace in and for the said 
 
 county of C., at N., in the same county, this day of , 1850, 
 
 who saith that E. F., of the parish of C. aforesaid [grocer], is likely to 
 give material evidence on the behalf of the [prosecutor, or " complain- 
 ant," or " defendant," in this behalf,] touching the matter of the annexed 
 [or " within"] information [or " complaint"] ; And that this deponent 
 verily believes that the said E. F. will not appear voluntarily for the pur- 
 pose of being examined as a witness [or if a warrant be granted in the 
 first instance, " without being compelled so to do"]. 
 
 Before me, J. S. J. N. 
 
 Vide s. 7 (id.) 19. Summons of a Witness (G. 1). 
 
 To E. F. of , in the said [county] of . 
 
 Whereas information was laid [or " complaint was made"] before the 
 undersigned [one] of her Majesty's justices of the peace in and for the 
 
 said [county] of , for that [Sfc. as in the summons] : and it hath been 
 
 made to appear to me upon [oath] that you are likely to give material 
 evidence on behalf of the [prosecutor, or "complainant," or "defendant"] 
 in this behalf: These are therefore to require you to be and appear on 
 
 at o'clock in the forenoon, at , before such jutices of the 
 
 peace for the said [county] as may then be there, to testify what you 
 shall know concerning the matter of the said information [or " com- 
 l aint"].* 
 
 If a document is required also, insert here, although no statute 
 
 gives justices authority to compel the production thereof': 
 And you are further required to bring with you the following docu- 
 ments, viz. [here describe them shortly], which likewise appear to me to 
 be material evidence in this behalf. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 20. Deposition of Constable, or other Person, of Service of 
 the last Summons. (Not in Jervis's Act.) 
 
 [Proceed as in Form No. 9, ante, p. 26, adding at the conclusion : 
 " and at the same time tendered [or 'paid'] to the said E. F. the sum of 
 , for his costs and expenses in that behalf."]
 
 CHAP, i.] Sect. 4. Compelling Witnesses' Attendance, fyc. 31 
 
 21. Warrant where a Witness has not obeyed a Summons Vide s. 7 (id.) 
 (G2). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas information was laid [or " complaint was made"] before the 
 undersigned [one} of her Majesty's justices of the peace in and for the 
 
 said [county'] of , for that [$c., as in the summons] ; and it having 
 
 been made to appear to me upon oath that E. F. of in the said 
 
 [county] [labourer], was likely to give material evidence on behalf of the 
 [prosecutor], I did duly issue my summons to the said E. F., requiring 
 
 him to be and appear on , at o'clock in the forenoon of the 
 
 same day, at , before such justices of the peace for the said \county] 
 
 as might then be there, to testify what he should know concerning the 
 said A. B., or the matter of the said information [or "complaint"]:* 
 And whereas proof hath this day been made before me upon oath of such 
 summons having been duly served upon the said E. F., and of a reason- 
 able sum having been paid [or " tendered"] to him for his costs and 
 expenses in that behalf: And whereas the said E. F. hath neglected to 
 appear at the time and place appointed by the said summons, and no 
 just excuse hath been offered for such neglect : These are therefore to 
 command you to take the said E. F., and to bring and have him on 
 
 , at o'clock in the forenoon, at , before such justices of the 
 
 peace for the said [county] as may then be there, to testify what he shall 
 know concerning the matter of the said information [or " complaint".] 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 22. Warrant for a Witness in the first instance (G. 3). 
 
 To the constable of , and to all other peace officers in the 
 
 [county] of . 
 
 Whereas information was laid [or " complaint was made"] before the 
 undersigned [one] of her Majesty's justices of the peace in and for the 
 
 said [county] of , for that [#c., as in the summons] ; and it being 
 
 made to appear before me upon oath that E. F. of , [labourer], is 
 
 likely to give material evidence on behalf of the [prosecutor] in this 
 matter, and it is probable that the said E. F. will not attend to give evi- 
 dence without being compelled so to do : These are therefore to com- 
 mand you to bring and have the said E. F. before me on , at 
 
 o'clock in the forenoon, at , or before such other justices of the peace 
 
 for the said county as may then be there, to testify what he shall know 
 concerning the matter of the said information [or "complaint"]. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 23. Commitment of a Witness for refusing to be sworn or to 
 give Evidence (G. 4). 
 
 To W. T., constable of , in the said [county] of , and to 
 
 the keeper of the [house of correction] at . 
 
 Whereas information was laid [or " complaint was made"] before the 
 undersigned [one] of her Majesty's justices of the peace in and for the 
 said [county] of , for that [Sfc., as in the summons] ; and one E. F.
 
 32 Summary Convictions and Orders. [PART i. 
 
 now appearing before me such justice as aforesaid, on at , and 
 
 being required by me to make oath or affirmation as a witness in that 
 behalf, hath now refused so to do [or " being now here duly sworn as a 
 witness in the matter of the said information [or ' complaint'], doth refuse 
 to answer certain questions concerning the premises which are now here put 
 to him"] without offering any just excuse for such his refusal: These are 
 therefore to command you the said constable to take the said E. F., 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 saiA[house of correction] 
 to receive the said E.F. into your custody in the said[/;ouse of correction], 
 
 and there imprison him for such his contempt for the space of days, 
 
 unless he shall in the mean time consent to be examined and to answer 
 concerning the premises ; and for your so doing, this shall be your suffi- 
 cient warrant. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 24. Information to ground a Summons or Warrant against a 
 Witness not attending to give Evidence (where the parti- 
 cular Statute imposes a Penalty for such Neglect}, in order 
 to convict him. (Not in Jervis's Act.) (a) 
 
 [Proceed to the asterisk* as in the form of information, No. 1, ante, 
 p. 23, then thus] : that information [Sfc., proceed as in No. 21, ante, to 
 the asterisk *, then] : that the said E. F. was served with a duplicate of 
 such summons by this informant, on the day of instant, per- 
 sonally [or " by leaving the same with N. O., at the said E. F.'s usual 
 place of abode"] at N., in the county of S. [and if the statute requires n 
 tender], and at the same time tendered [or " paid"] to the said E. F., 
 
 the sum of for his costs and expenses in that behalf, and that the 
 
 said E. F. hath [" wilfully," or as the statute may be,] neglected [or 
 " refused"] to appear at the time and place appointed by the said sum- 
 mons, and no just [or " reasonable"] excuse hath been offered for such 
 neglect [or " refusal"], contrary, &c. 
 
 25. Conviction thereon, where the Statutes require it. 
 
 [Proceed as in either of the forms, No. 39 (I 1), or No. 40 (I 2), ac- 
 cording as the penalty is to be recovered, stating the offence as in the above 
 information in the past tense.'] 
 
 26. Commitment thereon. 
 This is easily framed from the conviction (25). 
 
 (a) The statutes by which a penalty is imposed on a witness not attending 
 in obedience to a summons, will be found in Oke'S Synopsis, 2nd edit., 2nd 
 column of Chap. II. of Part I. with the penalty, and a reference to the sections. 
 It would appear that the punishment of imprisonment "for not exceeding seven 
 days, unless the witness shall in the mean time consent to be examined, and to 
 answer concerning the premises," enacted by sect. 7 of 11 & 12 Viet. c. 43, 
 would be cumulative upon such penalty. This information might be made by 
 the constable who served the summons on the witness.
 
 CHAP, i.] Sect. 4. Of compelling Witnesses' Attendance, fyc. 33 
 
 27. The like Information as No. 24, ante, for refusing to be 
 examined on Oath or Affirmation(b). (Not in Jervis's Act.) 
 
 [Proceed to the asterisk* in the form of Information, No. 1, ante, 
 
 p. 23, then thus :] That on the day of last, information was 
 
 laid [or " complaint was made"] before J. L., Esquire, one of her Ma- 
 jesty's justices of the peace in and for the said [county'] of , by C. D., 
 
 of &c., that [4-c., as in the summons to the defendant in the case~\, that 
 
 one E. F. appeared on this day of , before L. M., Esquire, one 
 
 of her Majesty's justices of the peace in and for the said [county'] of , 
 
 at N., in the same [county], as a witness in that behalf, and being required 
 by the said last-mentioned justice to make oath or affirmation as a witness, 
 refused and still doth refuse so to do [or " being then and there duly 
 sworn as such witness, refused and doth still refuse to answer certain 
 questions concerning the premises which were then and there put to him"] 
 without offering any just excuse for such his refusal, contrary, &c. 
 
 28. Conviction thereon. 
 [The same as 25, ante, adapted to above Information, 27.] 
 
 29. Commitment thereon. 
 [ Thit is easily framed from the Information 27, and Conviction (c).] 
 
 SECT. 5. THE HEARING AND ADJUDICATION, &c. 
 
 30. Minutes of Proceedings at the Hearing, with Adjudica- Vide Oke's Sy- 
 tion (d). (Not in Jervis's Act.) ""Sfc^ d ed " 
 
 C. D. against A. B. 
 
 4th day of January, 1850, at N. 
 Before the Rev. J. T. B., clerk, and .1 . D., Esquire. 
 The defendant appeared on a [warrant] granted by J. D. M., Esquire, 
 charging him with assaulting and beating, at L., on the 3rd instant, one 
 C. D. 
 
 Defendant, on being asked what he has to say, pleads guilty, 
 
 or " complainant on his oath saith ." 
 
 E. F., of , labourer, on his oath saith 
 
 or " complainant does not appear, and defendant attends with his wit- 
 nesses." 
 
 Adjudications.'] 1. On dismissal. Dismissed, with costs, viz. fees 
 for summonses to two witnesses, 4s., two witnesses' attend- 
 ance, 5s.=9s., to be paid [forthwith'] or levied by distress, 
 or in default imprisonment for fourteen days, unless costs 
 of distress and conveying to prison be paid. 
 
 (6) In some cases, where the statute allows it, the conviction might be imme- 
 diate on the refusal, without an information or summons being previously taken. 
 
 (c) If no conviction is required by the particular statute, the Commitment 
 No. 23, ante, p. 31, may be easily adapted to a pecuniary penalty punishment. 
 
 (d) These minutes may be either written on a separate paper, signet] by the 
 convicting justice or justices, and annexed to the information, or on the back 
 of the information or summons or warrant, or in a separate book for that sole 
 purpose. 
 
 D
 
 34 
 
 Vide s. 14 ; 
 Arch. p. 133; 
 Saund. p. 108; 
 Oke'sSyn.p.40. 
 
 Summary Convictions and Orders. [PART i. 
 
 2. Where imprisonment only. Convicted: To be imprisoned, 
 
 with hard labour for two calendar months. Costs, 14s. 6d., 
 to be paid forthwith, levied by distress, and in default 
 imprisonment for fourteen days additional, and to pay costs 
 of commitment and conveyance to prison, 18s. 6d. 
 
 3. Where a penalty. Convicted: To pay penalty 5s., damage 
 
 [or "value"] Is., and costs 14s., (clerk's fees 10s. 6d., 
 constable 3s. 6rf.,) forthwith [or " on or before the 12th 
 instant"], to be recovered by distress, and in default one 
 calendar month's imprisonment with hard labour, unless 
 sooner paid, with costs of distress and conveyance to gaol. 
 [For the form of the terms of an adjudication on a complaint, vide form 
 No. 60, post, Minute of Order for Service, which will be similar.'] 
 
 31. Order of Dismissal of an Information or Complaint (L). 
 
 County of -\ Be it remembered, that on information was laid [or 
 
 >" complaint was made"] before the undersigned, [one] of her 
 
 to wit. 3 Majesty's justices of the peace in and for the said [county] of 
 
 , for that [4'C. as in the summons to the defendant'], and now at 
 
 this day, to wit, on , at (e), both the said parties appear before 
 
 me in order that I should hear and determine the said information [or 
 "complaint"], [or "the said A. B. appeareth before me, but the said 
 C. D., although duly called, doth not appear] ; whereupon the matter of 
 the said information [or " complaint"] being by me duly considered, [it 
 manifestly appears to me that the said information [or " complaint"] is 
 not proved, and*] I do therefore dismiss the same, [and do adjudge that 
 the said C. D. do pay to the said A. B. the sum of , for his costs in- 
 curred by him in his defence in this behalf; and if the said sum for costs 
 
 be not paid forthwith [or " on or before "], I order that the same be 
 
 levied by distress and sale of the goods and chattels of the said C. D., 
 and in default of sufficient distress in that behalf, I adjudge the said C. D. 
 
 to be imprisoned in the [house of correction] at , in the said county 
 
 [and there kept to hard labour'] for the space of , unless the said sum 
 
 for costs, and all costs and charges of the said distress [and of the com- 
 mitment and conveying of the said C. D. to the said [house of correction] ] 
 
 shall be sooner paid. Given under my hand and seal, this day of 
 
 , in the year of our Lord , at , in the [county'] aforesaid. 
 
 J. S. (L. s.) 
 
 * If the informant or complainant do not appear, these words may be omitted. 
 
 32. Certificate of Dismissal (M). 
 
 Vide s. 14 (id.) I hereby certify, that an information [or "complaint"] preferred by 
 C. D. against A. B., for that [tyc. as in the summons] was this day con- 
 sidered by me, one of her Majesty's justices of the peace in and for the 
 
 [county'] of , and was by me dismissed [with costs]. Dated this 
 
 day of , 185. 
 
 J. S. 
 
 (e) If at an adjournment, insert here : " To which day the hearing of this 
 case hath been duly adjourned, of which the said C. D. had due notice."
 
 CHAP, i.] Sect. 5. The Hearing and Adjudication, fyc. 35 
 
 33. Minute of Order of Dismissal for Service under Sect. 17. 
 (Not in Jervis's Act.) (/) 
 
 Division of N., Cambridgeshire. 
 No. 
 
 At a petty sessions of her Majesty's justices of the peace for the 
 said county, holden at N. in and for the said division, the 4th 
 day of January, 1850. 
 
 C. D., Complainant, 
 
 against 
 
 A. B., Defendant. 
 
 It is adjudged and ordered,* that the information [or " complaint"] in 
 this case, for [state shortly the charge^, be dismissed with costs, the said 
 C. D. not appearing [or " the said information"] [or " complaint not 
 being proved"] ; and that the said C. D. shall forthwith [or " on or before 
 the day of next"] pay to the said A. B. the sum of nine shil- 
 lings for his costs incurred in his defence, to be recovered by distress, and 
 
 in default the said C. D. to be imprisoned for , unless sooner paid 
 
 [with the costs of distress and of conveyance to gaol]. 
 
 I., G. and B. 
 Clerks to the Justices of the said Division. 
 
 * Referred to in form No. 60, post. 
 
 34. Warrant of Distress for Costs upon an Order for Vide s. 18 ; 
 Dismissal of an Information or Complaint (Q. 1). Arch. p. 151 ; 
 
 To the constable of , and to all other peace officers in the said Qke'sSyn p 36. 
 
 [county'] of . 
 
 Whereas on last past, information was laid [or " complaint was 
 
 made"] before the undersigned, [one] of her Majesty's justices of the 
 peace in and for the said [county'], for that \_fyc. as in the order of dis- 
 missal'] ; and afterwards, to wit, on , at (g), both parties 
 
 appearing before me in order that I should hear and determine the same, 
 [and the several proofs adduced to me in that behalf being by me duly 
 heard ond considered, and it manifestly appearing to me that the said 
 information [or "complaint"] was not proved(A),] I therefore dismissed 
 the same, and adjudged that the said C. D. should pay to the said A. B. 
 
 the sum of for his costs incurred by him in his defence in that 
 
 behalf; and I ordered that if the said sum for costs should not be paid 
 [forthwith], the same should be levied of the goods and chattels of the 
 said C. D. ; [and I adjudged that in default of sufficient distress in that 
 behalf, the said C. D. should be imprisoned in the [house oj correction] at 
 , in the said [county'], [and there kept to hard labour'] for the space 
 
 (/) This minute should be issued in duplicate, and the time and mode of 
 serving indorsed upon it by the person who served it, and retained by the clerk 
 to the justices. 
 
 (g) If the order of dismissal were made at an adjourned hearing, insert here : 
 " To which day the hearing of this case was duly adjouraed, of which the said 
 C. D. had due notice." 
 
 (A) If the informant or complainant do not appear, these words are to he 
 omitted, and inserted as in the order of dismissal, No. 31 : " The said A. B. 
 appearing before the said justice, but the said C. I)., although duly called, not 
 appearing." 
 
 D2
 
 36 
 
 Summary Convictions and Orders. [PART i. 
 
 Vide s. 19 ; 
 Arch. p. 152; 
 Saund. p. 114; 
 Oke'sSyn.p.61. 
 
 of , unless the said sum for costs, and all costs and charges of the said 
 
 distress, and of the commitment and conveying of the said C. D. to the 
 said [house of correction'], should be sooner paid] : * And whereas the 
 said C. D., being now required to pay unto the said A. B the said sum 
 for costs, hath not paid the same or any part thereof, but therein hath 
 made default (i) : These are therefore to command you, in her Majesty's 
 name, forthwith to make distress of the goods and chattels of the said 
 
 C. D.; and if, within the space of days next after the making of 
 
 such distress, the said last-mentioned 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 may render the overplus 
 (if any), on demand, to the said C. D., and if no such distress can be 
 found, then that you certify the same unto me, to the end that such pro- 
 ceedings may be had therein as to the law doth appertain. Given under 
 
 my hand and seal this day of , in the year of our Lord , 
 
 at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 * Referred to in No. 37, post. 
 
 35. Indorsement in Backing a Warrant of Distress (N. 3). 
 
 Whereas proof upon oath hath this day been made before me, 
 one of her Majesty's justices of the peace in and for the said 
 
 to wit. ) [county"] of , that the name of J. S. to the within warrant 
 
 subscribed, is of the handwriting of the justice of the peace within men- 
 tioned : I do therefore authorize W. T., who bringeth to me this warrant, 
 and all other persons to whom this warrant was originally directed, or by 
 whom the same may be lawfully executed, and also all constables and 
 
 other peace officers of the said [county] of , to execute the same 
 
 within the said [county] of . Given under my hand this day of 
 
 , in the year of our Lord one thousand eight hundred and . 
 
 J. B. 
 
 Vide s. 2 ; 
 Arch. p. 156; 
 Saund. p. 116; 
 Oke'sSyn.p.62. 
 
 36. Constable's Return to a Warrant of Distress (N. 4). 
 
 71, W. T., constable of , in the [county] of , do 
 hereby certify to J. S., Esquire, one of her Majesty's justices of 
 to wit. )the peace for the said [county^, that by virtue of this warrant 
 I have made diligent search for the goods and chattels of the within- 
 mentioned C. D., and that I can find no sufficient goods or chattels of the 
 said C. D. whereon to levy the sums within mentioned. Witness my 
 
 hand this day of , in the year of our Lord one thousand eight 
 
 hundred and . 
 
 W. T. 
 
 (i) As a minute of the order under sect. 17 must be served before the issue of 
 this distress warrant, this recital should he altered as in other forms in Jervii's Act, 
 as follows: " And whereas, after the making of the said order of dismissal, a 
 copy of the minute thereof was duly served upon the said C. D., but the said 
 
 C. D. did not then pay, nor hath he paid, the said sum of for costs, or any 
 
 part thereof, but therein hath made default."
 
 CHAP, i.] Sect. 5. The Hearing and Adjudication, fyc. 37 
 
 37. Warrant of Commitment for Want of Distress in the last vide s. 26; 
 Case (Q. 2). Arch. p. 172; 
 
 To the constable of , and to the keeper of the [house of correction] o^" s gvii p 36. 
 
 at in the said [county'] of . 
 
 Whereas [4-0., as in the form No. 34, ante, 25, to the asterisk,* and then 
 thus] : And whereas afterwards, on the day of -, in the year afore- 
 said, I the said justice issued a warrant to the constable of , commanding 
 
 him to levy the said sum of for costs by distress and sale 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, and all costs and charges of the said distress, [and of the commitment 
 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 in the year of our Lord , at 
 
 in the [county] aforesaid. 
 
 J. S. (L. s.) 
 MEM. To be placed in the margin of the form, s, d. 
 
 Costs ordered 
 
 Distress Warrant and 
 
 Charges of distress 
 
 Commitment and conveyance to gaol .... 
 
 Total.... 
 
 38. Warrant of Commitment of Complainant for Costs, im- 
 mediate on Confession of no Goods, $c. (Not in Jervis's Act.) 
 
 To the constable of the [ parish] of , and to the keeper of the 
 
 [common gaol ] at in the said [county] of . 
 
 County of } Whereas on the day of information and complaint 
 
 > was laid before the undersigned of her Majesty's 
 
 to wit. ) justices of the peace in and for the said [county] of, 
 
 [or " counties of and , being adjoining counties"] for that A. B. 
 
 of the [parish] of in the [county] of , did, on the day of 
 
 , at the [ parish] of , in the [county] of aforesaid [here set 
 
 out the offence as in the order of dismissal or summons,] contrary to the 
 form of the statute in such case made and provided : and afterwards, to 
 
 wit, on the day of in the year of our Lord one thousand 
 
 eight hundred and , at the , in the said [county"] of [to 
 
 which day the hearing of this case was duly adjourned, and of which the 
 said C. D. had due notice] both parties appearing before the undersigned 
 
 [one] of her Majesty's justices of the peace for the said county of , in 
 
 order that should hear and determine the same [or " the said A. B. 
 
 appearing before [me] the undersigned [one] of her Majesty's justices of the 
 peace for the said county of , but the said C. D., although duly called,
 
 38 
 
 Summary Convictions and Orders. [PART I. 
 
 not appearing"] : And the several proofs adduced to [me] in that behalf, 
 being by [me] duly heard and considered, and it manifestly appearing to 
 [me] that the said information and complaint was not proved, [I] there- 
 fore dismissed the same, and adjudged that the said C. D. should pay to 
 
 the said A. B. the sum of pound , shilling , and pen , 
 
 for his costs incurred by him in his defence in that behalf, and [/] 
 ordered that if the said sum for costs should not be paid forthwith, [or " on 
 
 or before the day of "] then, inasmuch as it was [then and] now 
 
 made to appear to me the said justice [or " the undersigned as such justice 
 as aforesaid"] that the issuing of a warrant of distress in this behalf would 
 be ruinous to the said A. B. and his family, [or " that the said A. B. hath 
 no goods or chattels whereon to levy the said sum for costs by distress,"] 
 [I] adjudged that'.the said C. D. should be imprisoned in the said [common 
 
 gqoi,] at in the said [county] of , [and there kept to hard labour,] 
 
 for the space of , unless the said sum for costs and the costs and charges 
 
 of the commitment and conveying of the said C. D. to the said [common 
 gaol] should be sooner paid: And whereas after the making of the said 
 order of dismissal a copy of the minute thereof was duly served upon the 
 said C. D., but the said C. D. did not then pay, nor hath he paid, the said 
 
 sum of pound , - shilling and pen , for costs, or any 
 
 part thereof, but therein hath made default : These are therefore to com- 
 mand you the said constable of the [parish] of to take thesaidC. 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 and the costs and charges of the com- 
 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 , in the year of our 
 
 Lord one thousand eight hundred and , at in the [county] of 
 
 aforesaid. 
 
 J. S. (L. s.) 
 
 _MEM. To be placed in the margin of this form. s. d. 
 
 Costs ordered 
 
 Commitment 
 
 Conveyance to gaol 
 
 Vide s. 14 ; 
 Arch. p. 133; 
 Saund. p. 108 j 
 Oke's Syn. pp. 
 40,47; ands. 
 17; Arch. p. 
 148; Saund. 
 p. 113 ; and 
 Oke's Syn. p. 
 47. 
 
 39. Conviction for a Penalty, to be levied by Distress, and in 
 Default of sufficient Distress, Imprisonment (I. 1). 
 
 I Be it remembered, that on the day of in the year 
 
 to wit. 5 of our Lord , at in the said [county], A. B. is convicted 
 
 before the undersigned, [one] of her Majesty's justices of the peace for the 
 said county, for that [he the said A. B , fyc., stating the offence, and the 
 time and place when and where committed ] ; and I adjudge the said A. B. 
 
 for his said offence to forfeit and pay the sum of [stating the penalty, 
 
 and also the compensation, if any,] to be paid and applied according to law, 
 
 and also to pay to the said C. D. the sum of for his costs in this 
 
 behalf; and**if the said several sums be not paid forthwith [or "on or 
 before next"]* 1 order that the same be levied by distress and sale of
 
 CHAP, i.] Sect. 5. The Hearing and Adjudication, fyc. 
 
 the goods and chattels of the said A. B., and in default of sufficient distress* 
 I adjudge the said A. B. to be imprisoned in the [house of correction] at 
 in the said county [there to be kept to hard labour] for the space of 
 
 , unless the said several sums, 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] shall be sooner paid. Given under my hand and seal, 
 
 the day and year first above mentioned, at in the [county'] aforesaid. 
 
 J. S. (L. s.) 
 
 * Or where the issuing of a distress warrant would be ruinous to the 
 defendant or his family, or it appears that he has no goods whereon 
 to levy adistress, then, instead of the words between the asterisks,** 
 say, " then inasmuch as it hath now been made to appear to 
 me [that the issuing of a warrant of distress in this behalf would 
 be ruinous to the said A. B. and his family," or, " that the said 
 A. B. hath no goods or chattels whereon to levy the said sums 
 by distress], I adjudge," $c., as above, to the end. 
 
 40. Conviction for a Penalty, and in default of Payment, (id.) 
 Imprisonment (I. 2). 
 
 1 Be it remembered, that on the day of in the year 
 
 to wit. J of our Lord , at in the said [county], A. B. is convicted 
 
 before the undersigned, [one] of her Majesty's justices of the peace for the 
 said county, for that [he the said A. B., fyc., stating the offence, and the 
 time and place when and where it was committed] ; and I adjudge the 
 
 said A. B. for his said offence to forfeit and pay the sum of [stating 
 
 the penalty, and the compensation, if any,] to be paid and applied according 
 
 to law, and also to pay to the said C. D. the sum of , for his costs in 
 
 this behalf; and if the said several sums be nat paid forthwith [or " on or 
 
 before next,"] I adjudge the said A. B. to be imprisoned in the 
 
 [house of correction] at in the said [county], [and there to be kept to 
 
 hard labour] for the space of , unless the said several sums [and the 
 
 costs and charges of conveying the said A. B. to the said house of correction,] 
 shall be sooner paid. Given under my hand and seal, the day and year 
 
 first above mentioned, at in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 41. Conviction when the Punishment is by Imprisonment, 
 #c. (I. 3). 
 
 ) Be it remembered, that on the day of , in the year 
 
 to wit. S of our Lord . , in the said [county] A. B. is convicted before 
 the undersigned, [one] of her Majesty's justices of the peace for the said 
 [county,] for that [he the said A. B., Sfc., stating the offence, and the time 
 and place when and where committed] ; and I adjudge the said A. B. for 
 
 his said offence to be imprisoned in the [house of correction] at , 
 
 in the said [county,] [and there kept to hard labour] for the space of , 
 
 and I also adjudge the said A. B. to pay the said C. D. the sum of 
 
 for his costs in this behalf; and if the said sum for costs be not paid forth- 
 with [or " on or before next"] then* I order that the said sum be 
 
 levied by distress and sale of the goods and chattels of the said A. B. ; and 
 in default of sufficient distress in that behalf* I adjudge the said A. B. to 
 be imprisoned in the said [house of correction] [and there kept to hard 
 labour] for the space of , to commence at and from the termination of
 
 40 Summary Convictions and Orders. [PART I. 
 
 his imprisonment aforesaid, unless the said sum for costs shall be sooner 
 paid. Given under my hand and seal, the day and year first above men- 
 tioned, at in the county aforesaid. 
 
 J. S. (L. s.) 
 
 * Or where the issuing of a distress warrant would be ruinous to the 
 defendant or his family, or it appears that he has no goods whereon 
 to levy a distress, then, instead ofthe wordsbetween the asterisks,** 
 say, " inasmuch as it hath now been made to appear to me [that 
 the issuing of a warrant of distress in this behalf would be ruinous 
 to the said A. B. and his family," or " that the said A. B. hath 
 no goods or chattels whereon to levy the said sum for costs by 
 distress], I adjudge," &c. 
 
 42. General Conviction, embodying the three last, 39 41 
 (I. 1 I. 3), applicable for a Draft where necessary, and to 
 several Offenders, and numerous Variations (A). (Not in 
 Jervis's Act.) 
 
 County of ~\ Be it remembered, that on the day of , in the 
 
 > year of our Lord one thousand eight hundred and , at 
 
 to wit. I , in the county of , A. B. is [or " A. B. and E. F. 
 
 are severally"] convicted before the undersigned, of her Majesty's 
 
 justices ofthe peace for the said [county] of 
 
 If description of division, fyc. here necessary, or a certain character is 
 given by the statute to a defendant on conviction, here insert " in 
 
 petty sessions in and for the division of in the said [county] of 
 
 ;" or " of being a rogue and vagabond within the intent, &c." 
 
 as the case may be. 
 
 for that he the said did 
 
 If the conviction does not take place within the time prescribed for laying 
 the information, show that the information was laid in time hy insert- 
 ing here " within , [the time allowed for laying information] next 
 
 before the laying of the information on which this conviction is 
 founded, to wit." 
 
 on the day of , at the parish of , in the said county of , 
 
 If it be necessary to describe the occupation, fyc. of the defendant, to bring 
 him within the meaning of the particular statute, here insert '' then and 
 there being an alehouse keeper," or as the case may be, and then state 
 the act constituting the offence complained of. 
 
 contrary to the form ofthe statute in such case made and provided. 
 
 Here insert the usual averment of a previous conviction, if necessary ; as 
 " And whereas it is now duly proved before [me] the said justice, 
 that the said A. B. was heretofore, to wit, on the sixteenth day of 
 October, in the year of our Lord one thousand eight hundred and 
 forty-nine, duly convicted before J. S. Esquire, one of her Majesty's 
 justices of the peace in and for the county of S., for that he the said 
 
 A. B. did, on the day of , at the [parish] of , in the said 
 
 [county] of [state the offence as in the previous conviction,] and 
 
 the said A. B. was thereupon adjudged for his said last mentioned 
 offence to [state the adjudication correctly.] 
 
 (fc) Where the penalty or punishment is adjudged different to each defend- 
 ant, a separate conviction is recommended.
 
 CHAP, i.] Sect. 5. The Hearing and Adjudication, fyc. 41 
 
 And adjudge [each of them] the said for his said [first Adjudication of 
 
 mentioned] offence (the same being his [second] offence) * to forfeit and Penalty. 
 
 pay the [mitigated penalty or] sum of * Vide C. where 
 
 this referred to, 
 Here describe the penalty, compensation, ofc. and jar what, as in the follow- _ ost 
 
 ing, under Peel's Acts : " such sum appearing to [me] to be a reason- 
 able compensation for the said damage, injury and spoil so committed 
 as aforesaid;" [or, " over and above the amount of the injury so done 
 as aforesaid"], [or, " the value of the article so stolen as aforesaid"], 
 and for the said injury so done [or, " article so stolen"] the further 
 sum of ." 
 
 to be [respectively] paid and applied according to law, and [each of 
 
 them] also to pay to [the said] , the prosecutor, the sum of , for 
 
 h costs in this behalf; and if the said several sums be not paid forth- 
 with [on or before the day of next] I [we] 
 
 A- order that the same be levied by distress and sale of the goods and A- Where pe- 
 
 chattels of [each of them] the said , and in default of sufficient nalty, &c. to be 
 
 distress [or instead, from the word " forthwith," or " next," as the case leviedby dis- 
 
 may be, " then, inasmuch as it hath now been made to appear to tr ss ( . .) 
 
 that the issuing of a warrant of distress in this behalf would be ruinous to 
 
 [each of them] the said and his family;" or "that [each of them] the 
 
 said hath no goods or chattels whereon to levy the said sums by 
 
 distress"], adjudge [each of them] the said to be imprisoned in 
 
 the [common gaol\ at , in the said [county] of [there to be kept 
 
 to hard labour], for the space of . [And if any other special matte* 1 
 
 in the adjudication, insert it here]. 
 
 If a, cumulative term adjudged, here insert, " to commence at and from the 
 termination of a certain other term of imprisonment, for an offence 
 
 of which the said is this day duly convicted, and now stands 
 
 committed, under a certain warrant, signed by , the said justice 
 
 and dated this day." 
 
 unless the said several sums, and ah 1 costs and charges [of the said dis- 
 tress and] of the commitment and conveying of [each of them] to the said 
 [common gaol] shall be sooner paid. A- 
 
 B- adjudge [each of them] the said to be imprisoned in the g. Where pe- 
 
 [common goof] at , in the said [county] of [and there to be nalty and im- 
 
 kept to hard labour], for the space of [and if any other special prisonment in 
 
 matter in the adjudication, insert it here], unless the said several sums default of pay- 
 [and the costs and charges of the commitment and conveying of [each of m ent (I. 2.) 
 
 them] the said to the said [common gaol] ] shall be sooner paid 
 
 [respectively and severally] by the said . g. 
 
 C- follow from the asterisk * at the commencement of the adjudication, thus : . Where the 
 
 " to be imprisoned in the [common gaol] at , in the said [county] punishment is 
 
 of [and there kept to hard labour] for the space of [and if by imprison- 
 any other special matter in the adjudication, insert it here] ; and ment only 
 
 also adjudge [each of them] the said to pay [the said] , (! 3-) 
 
 the prosecutor, the sum of for h costs in this behalf; and if the 
 
 said sum for costs be not paid forthwith [on or before the day of 
 
 ], then order that the said sum be levied by distress and sale 
 
 of the goods and chattels of [each of them] the said , and in default 
 
 of sufficient distress in that behalf [or, instead from the word " then," say, 
 
 " inasmuch as it hath now been made to appear to that the issuing 
 
 of a warrant of distress in this behalf would be ruinous to [each of them] 
 
 the said and his family ;" or, " that [each of them] the said 
 
 hath no goods or chattels whereon to levy the said sum for costs by 
 
 distress"], adjudge [each of them] the said to be imprisoned 
 
 in the said [common gaol] [and there kept to hard labour] for the
 
 42 
 
 Summary Convictions and Orders. [PART I. 
 
 space of - , to commence at and from the termination of his imprison- 
 ment aforesaid, unless the said sum for costs, and all costs and charges [of 
 the said distress and] of the commitment and conveying of [each of 
 them] the said - to the said [common gaol] shall be sooner 
 paid. C 
 
 Given under my hand and seal the day and year first above mentioned, 
 at - aforesaid. 
 
 J.S. (L.S.) 
 
 43. Conviction on View of a Justice (I}. (Not in Jer vis's 
 Act.) 
 
 > Be it remembered, that on the day of , in the year 
 
 to wit. i of our Lord one thousand eight hundred and fifty, I, G. H., 
 Esquire, one of her Majesty's justices of the peace in and for the said 
 
 [county] of , personally saw A. B., of the [parish] of , in the 
 
 same [county] [here state the offence seen committed], contrary, &c. 
 Whereupon it is considered and adjudged by [me'] the said justice, that the 
 said A. B. be convicted, and he is by me accordingly hereby convicted 
 of his said offence upon my own view as aforesaid, according to the form 
 of the statute aforesaid in that case made and provided : and I adjudge 
 the said A. B. for his said offence [conclude as usual.'] 
 
 Vide s. 14, 
 (Arch. p. 133; 
 Saund. p. 108 ; 
 and Oke's Syn. 
 pp. 40-47); 
 and s. 17, 
 (Arch. p. 148 ; 
 Saund. p. 113; 
 and Oke's Syn. 
 P- 47.) 
 
 44. Order for Payment of Money to be levied by Distress, 
 and in default of Distress, Imprisonment (K. 1). 
 
 1 Be it remembered, that on complaint was made before 
 
 to wit. ] the undersigned, [one] of her Majesty's justices of the peace in 
 
 and for the said [county] of , for that [stating thejacts entitling the 
 
 complainant to the order, with the time and place when and where they 
 occurred] ; and now at this day, to wit, on at the parties afore- 
 said appear before me the said justice [or, " the said C. D. appears 
 before [me~] the said justice, but the said A. B., although duly called, doth 
 not appear by himself, his counsel or attorney, and it is now satisfactorily 
 proved to me, 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 justices of the peace for the said [county] 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, I do 
 adjudge the said A. B. to pay to the said C. D. the sum of forth- 
 with [or, " on or before next," or as the statute may require], and 
 
 also to pay to the said C. D. the sum of for his costs in this behalf; 
 
 and if the said several sums be not paid forthwith [or " on or before 
 next"] * I hereby order that the same be levied by distress and sale 
 of the goods and chattels of the said A. B. ; and in default of sufficient 
 distress in that behalf* I adjudge the said A. B. to be imprisoned in the 
 
 [house of correction] at in the said [county], [and there kept to 
 
 hard labour] for the space of , unless the said several sums, and 
 
 all costs and charges of the said distress [and of the commitment 
 
 (I ) Vide Oke's Synopsis, 2nd edit., for the offences respecting which a con- 
 viction may take place upon the view of a justice.
 
 CHAP, i.] Sect. 5. The Hearing and Adjudication, fyc. 43 
 
 and conveying of the said A. B. to the said [house of correction] shall be 
 sooner paid. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 * Or where the issuing of a distress warrant would be ruinous to the defendant 
 or his family, or it appears that he has no goods whereon to levy a distress, then, 
 instead of the words between the asterisks**, say, " then, inasmuch as it halh now 
 been made to appear to me [that the issuing of a warrant of distress in this 
 behalf would be ruinous to the said A. 6. and his family," or, " that the said 
 A. B. hath no goods or chattels whereon to levy the said sums by distress], I 
 adjudge," $c. 
 
 45. Order for Payment of Money, and in default of Pay- (Id.) 
 ment, Imprisonment (K. 2). 
 
 l Be it remembered, that on complaint was made before 
 
 to wit. J the undersigned, [one] of her Majesty's justices of the peace in 
 
 and for the said [county] of for that [stating the facts entitling the 
 
 complainant to the order, with the time and place when and where they 
 
 occurred] ; and now at this day, to wit, on , at , the parties 
 
 appear before me the said justice, [or, " the said C. D. appears before me 
 the said justice, but the said A. B., although duly called, doth not appear 
 by himself, his counsel or attorney, and it is now satisfactorily proved to 
 me 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 on this day before 
 such justices of the peace for the said [county] 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, I do 
 adjudge the said A. B. [to pay to the said C. D. the sum of forth- 
 with, or " on or before next," or as the statute may require], and also 
 
 to pay to the said C. D. the sum of for his costs in this behalf; and 
 
 if the said several sums be not paid forthwith [or " on or before 
 
 next"], I adjudge the said A. B. to be imprisoned in the [house of correc- 
 tion] at , in the said [county] [there to be kept to hard labour] for 
 
 the space of , unless the said several sums [and the costs and charges 
 
 of conveying the said A. B. to the said [house of correction] ] shall be 
 sooner paid. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 46. Order for any other Matter where the disobeying of it is (Id.) 
 punishable with Imprisonment (K. 3). 
 
 ) Be it remembered, that on complaint was made before 
 
 to wit. \ the undersigned {one] of her Majesty's justices of the peace in 
 
 and for the said [county] of for that [stating the facts entitling the 
 
 complainant to the order, with the time and place when and where they 
 occurred], and now at this day, to wit, on , at , the parties afore- 
 said appear before me the said justice, [or " the said C. D. appears before 
 me the said justice, but the said A. B., although duly called, doth not 
 appear by himself, his counsel or attorney, and it is now satisfactorily 
 proved to me upon 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
 
 44 Summary Convictions and Orders. [PART I. 
 
 this day before such justices of the peace for the said [county] as should 
 now be here, to answer to the said complaint, and to be further dealt 
 with according to law"] ; and now, having heard the matter of the said 
 complaint, I do therefore adjudge the said A. B. to [here state the matter 
 required to be done] ; and if upon a copy of a minute of this order being 
 served upon the said A. B. either personally, or by leaving the same for 
 him at his last or usual place of abode, be shall neglect or refuse to obey 
 the same, in that case I adjudge the said A. B., for such his disobedience, 
 
 to be imprisoned in the [house of correction] at , in the said [county] 
 
 [there to be kept to hard labour] for the space of [unless the said 
 
 order be sooner obeyed, if the statute authorize this] ; and I do also 
 
 adjudge the said A. B. to pay to the said C. D. the sum of for 
 
 his costs in this behalf; and if the said sum for costs be not paid forthwith 
 
 [or " on or before next"], I order the same to be levied by distress 
 
 and sale of the goods and chattels of the said A. B. [and in default of 
 sufficient distress in that behalf, I adjudge the said A. B. to be imprisoned 
 in the said house of correction] [and there kept to hard labour] for the 
 space of , to commence at and from the termination of his imprison- 
 ment aforesaid, unless the said sum for costs shall be sooner paid. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord, , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 47. General Order, embodying the three last, 44 46 (K. 1 
 K. 3), applicable for a Draft where necessary, and certain 
 Practical Variations. (Not in Jervis's Act.) 
 
 County of 1 Be it remembered, that on the day of , in the 
 
 Syear of our Lord one thousand eight hundred and fifty, at 
 
 to wit. J N., in the county of , complaint was made before the 
 
 undersigned [or " J. S. Esquire"] [one] of her Majesty's justices of the 
 
 peace for the [said] county of . 
 
 [If description of division, fyc. liere necessary, or a certain character is given 
 by the statute to a defendant, here insert " in petty sessions in and for 
 
 the division of in the said county of ."] 
 
 Recital of com- f r that [here state the facts, by reciting the complaint entitling the cow- 
 plaint, plainant to the order] : And now at this day, to wit, on the day of 
 
 A earance or ' m tne y ear ^ our krd one thousand eight hundred and fifty, at N., 
 
 nonappearance * n tne count >' f aforesaid, the parties aforesaid appear before me, the said 
 
 of defendant. justice [or " me, the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said county of "], [or " the said C. D., the complainant, 
 
 appears before me, the said justice"] [or " me, the undersigned, one of her 
 
 Majesty's justices of the peace in and for the said county of . ; but 
 
 the said A. B., although duly called, doth not appear by himself, his counsel 
 
 or attorney, and it is now satisfactorily proved to me, on oath, that the said 
 
 Proof of service A. B. has been duly served with the summons in this behalf, which 
 
 of summons. required him to be and appear here at this day before such justices of the 
 
 peace for the said county as should now be here to answer the said com- 
 
 Elaint, and to be further dealt with according to law"] : And now, having 
 eard the matter of the said complaint,* I do adjudge the said A. B. to 
 
 where this re- pay to the said C. D. the sum of [here describe the compensation, &c. 
 
 ferred to. and for what] forthwith [or " on or before the day of next," or as 
 
 Adjudication of the particular statute may reyuire], and also to pay to the said C. D., the
 
 CHAP, i.] Sect. 5. The Hearing and Adjudication, #c. 45 
 
 complainant, the sum of for his costs in this behalf: And if (m) upon 
 
 a copy of a minute of this order being served upon the said A. B., either 
 personally or by leaving the same for him at his last or most usual place 
 of abode, the said several sums be not paid forthwith [or " on or before 
 
 the day of next"] I hereby 
 
 A- order that the same be levied by distress and sale of the goods and A- Where sum 
 chattels of the said A. B., and in default of sufficient distress in this to be levied by 
 behalf [or, instead from the word " forthwith," or " next," as the case distress (K. 1.) 
 may be; " then, inasmuch as it hath now been made to appear to me 
 that the issuing of a warrant of distress in this behalf would be ruinous to 
 the said A. B. and his family;" or " that the said A. B. hath no goods 
 or chattels whereon to levy the said sums by distress"] I adjudge the said 
 
 A. B. to be imprisoned in the , at , in the said county of [there 
 
 to be kept to hard labour] for the space of , unless the said several 
 
 sums, and all costs and charges [of the said distress and] of the commit- 
 ment and conveying of the said A. B. to the said common gaol shall 
 be sooner paid. A- 
 
 B- adjudge the said A. B. to be imprisoned in the common gaol g. Where sum, 
 
 at in the said county of [and there to be kept to hard &c. and impri- 
 
 labour] for the space of , unless the said several sums [and the costs sonment in de- 
 
 and charges of the commitment and conveying of the said A. B. to the fault of pay- 
 said [common gaol] ] shall be sooner paid. B ment (^. 2.) 
 C- [J'ollow from the asterisk* at the commencement of the adjudication, C- When the 
 thus : " I do therefore adjudge the said A. B. to [here state the matter punishment is 
 required to be done] and if upon a copy of a minute of this order being " v im P nson - 
 served upon the said A. B., either personally or by leaving the same for 
 him at his last or most usual place of abode, he shall neglect or refuse to 
 obey the same, in this case I adjudge the said A. B. for such his disobe- 
 dience to be imprisoned in the [common gaol] at , in the said 
 
 [county] of [and there kept to hard labour] for the space of , un- 
 less the said order be sooner obeyed [if the statute authorize this] : And do 
 also adjudge the said A. B. to pay to the said C. D., the complainant, the 
 
 sum of for his costs in this behalf: And if the said sum for costs be 
 
 not paid forthwith [on or before the day of next], I order the 
 
 same to be levied by distress and sale of the goods and chattels of the 
 said A. B., and in default of sufficient distress in that behalf [or instead, 
 from the word " forthwith" or " next," say, " inasmuch as it hath now 
 been made to appear to me that the issuing of a warrant of distress in 
 this behalf would be ruinous to the said A. B. and his family," or " that 
 the said A. B. hath no goods or chattels whereon to levy the said sum for 
 costs by distress], I adjudge the said A. B. to be imprisoned in the said 
 
 [common gaol] [and there kept to hard labour] for the space of , to 
 
 commence at and from the termination of his imprisonment aforesaid,, 
 unless the said sum for costs, and all costs and charges [of the said distress 
 and] of the commitment and conveying of the said A. B. to the said 
 [commow gaol] shall be sooner paid. C- Given under my hand and 
 
 seal, the day and year first above mentioned, at aforesaid. 
 
 J. S. (L. s.) 
 
 (m) These words following, relative to a minute of the order being served, 
 are only in the form, K. 3, of 11 & 12 Viet. c. 43 (No. 46, ante, p. 43) ; 
 and sect. 17 of that statute, which requires such minute to be served before 
 enforcing an order by distress or commitment, applies to all orders.
 
 46 
 
 Summary Convictions and Orders. [PART i. 
 
 SECT. 6. ENFORCING CONVICTIONS AND ORDERS. 
 
 Vide sect 24 ; 
 Arch. p. 165; 
 Saund. p. 120; 
 and Oke's Syn. 
 p. 56. 
 
 1. Enforcing Convictions on Informations. 
 
 48. Warrant of Commitment on a Conviction where the 
 Punishment is by Imprisonment (P. 1). (a) 
 
 To the constable of and to the keeper of the [house of cor- 
 rection] at , in the said [county] of . 
 
 Whereas A. B., late of [labourer'], was this day duly convicted 
 
 before the undersigned, [one] of her Majesty's justices of the peace in and 
 for the said [county] of , for that [stating the offence as in the con- 
 viction], and it was thereby adjudged that the said A. B. for his said 
 
 offence should be imprisoned in the [house of correction] at in the 
 
 said [county] [and there kept to hard labour] for the space of : 
 
 These are therefore to command you the said constable of to take 
 
 the said A. B., and him safely convey to the [house of correction} 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 
 [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 , and for your so doing this shall be your 
 
 sufficient warrant. Given under my hand and seal, this day of , 
 
 in the year of our Lord at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 Vide s.24 (id.) 49. Warrant of Distress for Costs upon a Conviction where 
 the Offence is punishable by Imprisonment (P. 3). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas A. B. of [labourer], was on last past duly con- 
 victed before the undersigned, [one] of her Majesty's justices of the peace 
 in and for the said county, for that [stating the offence as in the convic- 
 tion], and it was thereby adjudged that the said A. B. for his said 
 
 offence should be imprisoned in the [house of correction] at in the 
 
 said county [and there kept to hard labour] for the space of ; and it 
 
 was also thereby adjudged that the said A. B. should pay to the said C. D. 
 
 the sum of for his costs in that behalf ; and it was thereby ordered 
 
 that if the said sum of . for costs should not be paid [forthwith] the 
 
 same should be levied by distress and sale of the goods and chattels of the 
 said A. B. ; [and it was adjudged that in default of sufficient distress in 
 that behalf the said A. B. should be imprisoned in the said [house of 
 correction and there kept to hard labour] for the space of , to com- 
 mence at and from the termination of his imprisonment aforesaid, unless 
 the said sum for costs, 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 
 
 (a) If the conviction takes place after the expiration of the time limited for 
 laying the information, or it be a second conviction, adapt this form to the spe- 
 cial alterations shown in the General Form of Conviction, No. 42, ante, p. 40. 
 Where several offenders, it may be easily adapted, instead of a commitment for 
 each.
 
 CHAP, i.] Sect 6. Enforcing Convictions and Orders. 47 
 
 correction], should be sooner paid :] and whereas the said A. B., being so 
 
 convicted as aforesaid, and being required to pay the said sum of 
 
 for costs, hath not paid the same or any part thereof, but therein hath 
 made default:* 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 days next after the making of such 
 
 distress the said last-mentioned 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 the 
 
 same as by law directed, and may render trie surplus (if any), on demand, 
 to the said A. B., 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 
 therein as to the law doth appertain. Given under my hand and seal, 
 
 this day of , in the year of our Lord , at in the 
 
 [county] aforesaid. 
 
 J.S. (L.S.) 
 
 ' Referred to in No. 50, infra. 
 
 50. Warrant of Commitment for want of Distress (P. 5). 
 
 To the constable of and to the keeper of the [house of correc- 
 tion] at in the said [county] of . 
 
 Whereas [fyc. 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 J. S., issued a warrant to the constable of commanding 
 
 him to levy the said sum of 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 A. 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 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 suffi- 
 cient warrant. Given under my hand and seal, this day of , 
 
 in the year of our Lord , at in the [county] aforesaid. 
 
 J.S. (L.S.) 
 
 MEM. To be placed in the margin of this form. j. d. 
 
 Costs ordered 
 
 Distress warrant and charges of distress .... 
 Commitment and conveyance to gaol 
 
 Total....
 
 Summary Convictions and Orders. [PART I. 
 
 51. Commitment forthwith for an additional Term for the 
 Costs upon a Conviction, where the Offence is punishable by 
 Imprisonment, on Confession of no Goods, $rc., by the De- 
 fendant (J). (Not in Jervis's Act.) 
 
 To the constable of the parish of , and to the keeper of the 
 
 [common gaol ] at in the said [county] of . 
 
 County of } Whereas A. B. [and E. F.], late of the parish of in 
 
 > the county of , was [were] on this day duly convicted 
 
 to wit. 3 before the undersigned, of her Majesty's justices of the 
 
 peace in and for the said county of [counties of and , 
 
 being adjoining counties], for that the said did on the day of 
 
 , at the parish of . in the county of aforesaid (b) [here 
 
 set out the offence as in the conviction], contrary to the form of the sta- 
 tute in such case made and provided : And it was thereby adjudged that 
 [each of them] the said A. B. [and E. F.] for his said offence should be 
 
 [severally] imprisoned in the [common gaol], at in the said county 
 
 of [and there kept to hard labour] for the space of : And 
 
 it was also thereby adjudged that [each of them] the said A. B. [and E. F.] 
 
 should pay to the said C. D., the prosecutor, the sum of for his costs 
 
 in that behalf; and it was thereby ordered, that if the said sum of 
 
 for costs should not be paid forthwith, then, inasmuch as it was then and 
 now is made to appear to me [us] that the issuing of a warrant of dis- 
 tress in this behalf would be ruinous to [each of them] the said A. B. [and 
 E. F.] and his family [or " that each of them"] the said A. B. [and 
 E. F.] hath no goods or chattels whereon to levy the said sum for costs 
 by distress, it was adjudged that [each of them] the said A. B. [and 
 
 E. F.] should be [severally] imprisoned in the [common gaol], at ,in 
 
 the said [county] of [and there kept to hard labour] for the space of 
 
 , to commence at and from the termination of his imprisonment 
 
 aforesaid, unless the said sum for costs [and the costs and charges of the 
 commitment and conveying of [each of them] the said A. B. [and E. F.] 
 to the said [common gaol] should be sooner paid :] And whereas the said 
 A. B. [and E. F.] being so convicted as aforesaid, and being required to 
 
 pay the said sum of for costs, hath not paid the same or any part 
 
 thereof but therein hath [each of them] made default: These are there- 
 fore to command you the said constable of the [ parish] of to take 
 
 the said A. B. [and E. F.] and safely convey to the [common gaol] 
 
 at aforesaid, and there to deliver h to the keeper thereof, to- 
 gether with this precept ; and I do hereby command you the said keeper 
 of the said [common gaol ] to receive the said A. B. [and E. F.] into your 
 custody, in the said [common gaol] and [each of them] there to imprison 
 
 h [and keep h to hard labour] for the space of , to commence 
 
 at and from the termination of the imprisonment aforesaid [which h 
 the said A. B. [and E. F.] is [are! now undergoing under the said con- 
 viction] unless the said sum [and the costs and charges of the commit- 
 ment and conveying [each of them respectively] him to the said [common 
 
 gaol], amounting to the further sum of each] shall be sooner paid 
 
 unto you the said keeper; and for your so doing this shall be your suffi- 
 
 (h) This would be a separate instrument from the warrant of commitment 
 (No. 48) for the offence. Vide proviso in s. 19 of 1 1 & 12 Viet. c. 43, and 
 the form of conviction (No. 41, 1. 3.), ante, p. 39, which apply to such cir- 
 cumstances.
 
 CHAP. I.] Sect. 6. Enforcing Convictions and Orders. 49 
 
 cient warrant. Given under my hand and seal, this day of 
 
 one thousand eight hundred and , at in the [county'] of 
 
 aforesaid. 
 
 J. S. (L. s.) 
 MEM. To be placed in the margin of the form. s. d. 
 
 Costs ordered 
 
 Commitment and conveyance to gaol 
 
 Total .... 
 [Each] .... 
 
 52. Warrant of Commitment upon a Conviction for a Penalty vide s. 23 ; 
 in the first instance (0. 1). (c) Arch. p. 161 ; 
 
 To the constable of , and to the keeper of the [house of correc- Sa " n p ,' I 19 
 
 /i on ] at in the said {county} of . J 
 
 Whereas A. B., late of [labourer], was on this day duly convicted 
 
 before the undersigned, [one] of her Majesty 'sjustices of the peace in and 
 for the said [county"], for that [stating the offence as in the conviction] ; 
 and it was thereby adjudged that the said A. B. for his said offence should 
 
 forfeit and pay the sum of [Sfc.,as in the conviction], and should pay 
 
 to the said C. D. the sum of for his costs in that behalf; and it was 
 
 thereby further adjudged, that if the said several sums should not be paid 
 [forthwith], the said A. B. should be imprisoned in the [house of correc- 
 tion"] at in the said county [and there kept to hard labour] for the 
 
 space of , unless the said several sums [and the costs and charges of 
 
 conveying the said A . B. to the said [house of correction] ] should be sooner 
 paid : and whereas the time in and by the said conviction appointed for 
 the payment of the said several sums hath elapsed, but the said A. B. hath 
 not paid the same or any part thereof, but therein hath made default : 
 
 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 to deliver him to the 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 several sums [and the costs 
 
 and charges of conveying him to the said [house of correction] amounting 
 
 to the further sum of ] shall be sooner paid ; and for your so doing 
 
 this shall be your sufficient warrant. Given under my hand and seal, 
 
 this day of , in the year of our Lord , at in the 
 
 [counfy] aforesaid. J. S. (L. s.) 
 
 MFM. To be placed in the margin of the form. s. d. 
 
 Fine 
 
 Value or damage 
 
 Costs 
 
 Commitment and conveyance to gaol 
 
 Total .... 
 [Each] .... 
 
 (r) The variations in this form can be readily made to suit cases under the 
 Larceny and Malicious Injuries Acts, where a sum for damage on the article is 
 adjudged with a penalty, as well as to several offenders, from the general form 
 of conviction (No. 42\ ante, p. 40. A deposition of the constable or other 
 person of nonpayment of the amount adjudged, would be advisable to be taken 
 where time is given for payment. 
 
 E
 
 '50 
 
 Summary Convictions and Orders. [PART i. 
 
 Vide s. 19; 
 Arch. p. 152; 
 Saund. p. 114 ; 
 and Oke's Syn. 
 p. 61. 
 
 53. Warrant of Distress upon a Conviction for a 
 Penalty (N. 1). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas A.B., late of [labourer], was on this day [or "on 
 
 last past"] duly convicted before the undersigned, [one] of her Majesty's 
 
 justices of the peace in and for the said county of , for that [stating 
 
 the offence as in the conviction], and it was thereby adjudged that the said 
 A.B. should for such his offence forfeit and pay [fyc. as in the conviction], 
 
 and should also pay to the said C.D. the sum of for his costs in that 
 
 behalf; and it was thereby ordered that if the said several sums should 
 not be paid [forthwith], the same should be levied by distress and sale of 
 the goods and chattels of the said A.B. ; and it was thereby also adjudged 
 that in default of sufficient distress the said A.B. should be imprisoned in 
 
 the [house of correction] at , in the said county [and there kept to 
 
 hard labour] for the space of , unless the said several sums, and all 
 
 costs and charges of the said distress, and of the commitment and con- 
 veying of the said A.B. to the said [house of correction], should be sooner 
 paid : and whereas the said A.B. being so convicted as aforesaid, and 
 
 being [now] required to pay the said sums of and hath not 
 
 paid the same or any part thereof, but therein hath made default :* 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 days next after the making of such distress the said sums, to- 
 gether with the reasonable charges of taking and keeping the 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 by 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 is directed, and 
 may render the overplus, if any, on demand, to the said A.B. ; and if no 
 such distress can be found, then that you certify the same unto me, to the 
 end that such further proceedings may be had thereon as to the law doth 
 
 appertain (d). Given under my hand and seal, this day of , in 
 
 the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 Vide s. 19 (id.) 54. Commitment forthwith upon a like Conviction, where the 
 Distress would be ruinous, or on Defendant confessing he 
 has no Goods. (Not in Jervis's Act.) 
 
 To the constable of the parish of , and to the keeper of the 
 
 common goal at , in the said [county] of . 
 
 County of } Whereas A.B., [and E. F.] late of the parish of , in 
 
 > the [county] of , was [were] on this day duly convicted 
 
 to wit. 3 before the undersigned [one] of her Majesty's justices of the 
 
 peace in and for the said [county] of , for that h , the said A .B. [and 
 
 . F.] did on the day of , at the parish of , in the county 
 
 of aforesaid, [here set out the offence], contrary to the form of the 
 
 (d) If the defendant is detained until the return of this warrant, a verbal order 
 to that effect will do, or the following may be inserted at this place: *' And 
 whereas the said A.B. not having given sufficient security by recognizance or 
 otherwise to my satisfaction for his appearance on the return of this warrant, I 
 do hereby further order you to keep and detain the said A.B. in safe custody 
 until the said return shall be made, and then bring him before me the said 
 justice."
 
 CHAP, i.] Sect. 6. Enforcing Convictions and Orders. 51 
 
 statute in such case made and provided : and it was thereby adjudged 
 that [each of them] the said A.B. [and E.F.] should for such his offence 
 [severally] forfeit and pay [here state the penalty and the compensation, if 
 
 any'], and [each] should also pay to the said C.D. the sum of for 
 
 his costs in that behalf; and it was thereby ordered that if the said several 
 sums should not be paid forthwith, then, inasmuch as it hath been made 
 to appear to me [us] that the issuing of a warrant of distress in this behalf 
 would be ruinous to [each of them] the said A.B. [and E.F.] and bis 
 family, or that [each of them] the said A.B. [and E.F.] hath no goods or 
 chattels whereon to levy the said sums by distress, it was thereby also 
 adjudged that [each of them] the said A.B. [and E.F.] should be [severally] 
 
 imprisoned in the common gaol, at , in the said [county'] of , 
 
 [and there kept to hard labour} for the space of , unless the said 
 
 several sums [and the costs and charges of the commitment and conveying 
 of [each of them] the said A. B. [and E. F.] to the said common gaol] 
 should be sooner paid : and whereas the said A. B. [and E. F.] being so 
 convicted as aforesaid, and being now required to pay the said sums of 
 
 and hath not paid the same or any part thereof, but therein 
 
 hath [each of them] made default: These are therefore to command you, 
 
 the said constable of the parish of , to take the said A.B. [and E.F.] 
 
 and h safely convey to the common gaol at aforesaid, and 
 
 there to deliver h 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. [and E.F.] into your custody, in the said common 
 
 gaol, [and each of them] there to imprison h , [and keep h to 
 
 hard labour] for the space of , unless the said several sums [and the 
 
 costs and charges of the commitment and conveying [each of them re- 
 spectively] him to the said common gaol, amounting to the further sum 
 
 of each] shall be sooner paid, and for your so doing this shall be 
 
 your sufficient warrant. Given under hand and seal, this day of 
 
 , in the year of our Lord one thousand eight hundred and , at 
 
 , in the county of aforesaid. 
 
 J. S. (L. s.) 
 
 MEM. To be placed in the margin of the form. s. d. 
 
 Fine 
 
 Damage 
 
 Costs -. 
 
 Commitment and conveyance to gaol .... 
 
 Total.... 
 
 55. Recognizance of a Defendant to appear on the Return Vide s. 20 ; 
 of a Distress Warrant for Penalty and Costs. (Not in Arch. p. 156; 
 
 Jervis's Act ^ Saund ' P' ] 16 ' 
 
 ervis s Acl v Oke's Syn. p. 
 
 [Proceed as in the form of recognizance, No. 13 (E.), ante, p. 28, 62. 
 altering the condition thereof as follows : instead of "to answer," &c. 
 say " being the day appointed for the return of a certain warrant of dis- 
 tress this day issued by me, the said justice, to levy on the goods and 
 chattels of the said A.B. certain sums adjudged to be paid by him and to 
 be so levied ; and to be further dealt with," &c. The notice of this recog- 
 nizance would be similar to the form No. 14, ante, p. 29.] 
 
 56. Indorsement in backing a Warrant of Distress. 
 [This will be found, ante, p. 36, No. 35 (N. 3).] 
 
 E2
 
 52 
 
 Summary Convictions and Orders. [PART i. 
 
 57. Constable's Return to a Warrant of Distress. 
 [This will be found, ante, p. 36, No. 36 (N. 4).] 
 
 Vides. 21; 
 Arch. p. 157 ; 
 Saund. p. 117 ; 
 Oke's Syn. p. 
 63. 
 
 58. Warrant of Commitment for Want of Distress. (N. 5). 
 
 To the constable of ,and to the keeper of the [house of correction] 
 
 at , in the said [county'] of . 
 
 Whereas [&x. as in the foregoing distress warrant, No. 53, to the 
 
 asterisk , and then thus :] and whereas afterwards, on the day of 
 
 , in the year aforesaid, I, the said justice, issued a warrant to the 
 
 constable of , commanding him to levy the said sums of and 
 
 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 A.B., but that no suf- 
 ficient distress whereon to levy the sums 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, 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 several sums, and all the 
 
 costs and charges of the said distress, [and of the commitment and con- 
 veying of the said A.B. to the said [house of correction] ], amounting to 
 
 the further sum of , shall be soon6r 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 , in the year of our Lord , 
 
 at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 Vide s. 25 ; 
 Arch. p. 171 ; 
 Saund. p. 121 
 Oke's Syn. p. 
 54. 
 
 59. Commitment of a Defendant for a consecutive Period where 
 convicted on the same Day of Two or more Offences. (Not 
 in Jervis's Act.) 
 
 To the constable of the parish of , and to the keeper of the 
 
 common gaol at , in the said [county] of . 
 
 County of } Whereas A.B., late of the parish of , in the [county] 
 
 Jof , was on this day duly convicted before the under- 
 
 to wit. 3 signed, [one] of her Majesty's justices of the peace in and for 
 
 the said [county] of , [ [counties] of and being adjoining 
 
 [counties] ], for that he, the said A.B., did, on the day of , at 
 
 the parish of , in the [county] of [here state the offence], con- 
 trary to the form of the statute in such case made and provided; and it 
 was thereby adjudged that the said A.B. for h said offence* should for- 
 feit and pay the sum of [here state the penally, and compensation, if any], 
 to be [respectively] paid and applied according to law, and also to pay to 
 
 the said C.D. the sum of for h costs in that behalf; and it was 
 
 thereby further adjudged and ordered that if the said several sums should 
 not be paid forthwith, the same should be levied by distress and sale of 
 the goods and chattels of the said A. B. ; and it was thereby also adjudged 
 that in default of sufficient distress the said A.B. should be imprisoned in 
 
 the common j?aol at , in the said [county] of , [and there kept to 
 
 hard labour] for the space of , to commence at and from the termi- 
 nation of a certain other term of imprisonment for an offence of which the
 
 CHAP i.] Sect. 6. Enforcing Convictions and Orders. 53 
 
 said A.B. is this day duly convicted, and now stands committed under a 
 certain other warrant, signed by the said justice, and dated this day, and 
 delivered to the said keeper herewith, [unless the said several sums, and 
 all costs and charges of the said distress, and of the commitment and con- 
 veying the said A.B. to the said common gaol] should be sooner paid; 
 and whereas the time in and by the said conviction appointed for the pay- 
 ment of the said several sums hath elapsed, and the said A.B. being now 
 required to pay the same, hath not paid the same or any part thereof, but 
 therein hath made default; and inasmuch as it hath now been made to 
 appear to me, the said justice, that the issuing of a warrant of distress in 
 this behalf' would be ruinous to the said A. B., [or " that the said A. B. 
 hath no goods or chattels whereon to levy the said sums by distress;"] 
 These are therefore to command you, the said constable of the parish of 
 
 , to take the said A.B., and A safely to convey to the common 
 
 gaol at aforesaid, and there to deliver h 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 cus- 
 tody in the said common gaol, there to imprison h [and keep h 
 
 to hard labour'] for the space of , to commence at and from the ter- 
 mination of the said other term of imprisonment above mentioned, [unless 
 the said several sums, and the costs and charges of the said distress, 
 
 amounting to the sum of , and of the commitment and conveying 
 
 A to the said common gaol, amounting to the further sum of , 
 
 shall be sooner paid,] and for your so doing this shall be your sufficient 
 
 warrant. Given under my hand and seal this day of , in the 
 
 year of our Lord one thousand eight hundred and , at , in the 
 
 [county] of aforesaid. 
 
 J. S. (L. s.) 
 
 MEM. To be placed in the margin of the form, s. d. 
 
 Fine 
 
 Value or damage 
 
 Costs 
 
 Charges of distress 
 
 Commitment and conveyance to gaol 
 
 Total.. 
 
 NOTE. Where imprisonment only is adjudged, omit the portions within 
 the brackets [ ] from the asterisk *, and the form will be 
 
 applicable. If a penally adjudged, it will suit without alteration. 
 Where the penalty is not to be recovered by distress, erase the 
 words which are in italic. 
 
 59 a. Commitment upon a Conviction/or a Second or subsequent 
 Offence, adapted to where Imprisonment only adjudged, or 
 where a Penalty imposed, and Imprisonment in Default of 
 Payment, (Not in Jervis's Act.) 
 
 To the constable of the parish of , and to the keeper of the 
 
 [house of correction] at , in the said [county"] of . 
 
 "* Whereas A. B., late of [labourer'], was this day duly 
 
 .. ^ convicted before the undersigned, [owe] of her Majesty's jus- 
 
 3tices of the peace in and for the said [county] of , for 
 
 that he, the said A. B., on the day of , at the parish of , 
 
 in the said [county] of , did [here state the offence], contrary to the 
 
 form of the statute in such case made and provided ; and whereas it is
 
 54 Summary Convictions and Orders. [PART I. 
 
 duly proved before [me], the said justice, that the said A. B. was hereto- 
 fore, to wit, on the day of , in the year of our Lord , duly 
 
 convicted before I. P. Esquire, one of her Majesty's justices of the peace 
 
 in and for the [county'] of , for that he, the said A. B., on tbe 
 
 day of , in the year of our Lord , at the parish of , in the 
 
 said [county] of , did [here state the former offence as in the conviction 
 
 proved], contrary, &c. ; and the said A. B. was thereupon adjudged for his 
 said last mentioned offence to [state the terms of the adjudication of im- 
 prisonment or penalty] ; and it was thereby adjudged by me, the said jus- 
 tice first named, that the said A . B. for his said [second] offence, of which 
 he has been so convicted this day as aforesaid, [A should forfeit and pay 
 
 the sum of [here state the penalty, and compensation, if any, as 
 
 in the consolidated form of conviction, No. 42, ante, p. 40], to be paid and 
 applied according to law, and also to pay to the said C. D., the prosecutor, 
 
 the sum of for his costs in this behalf; and it was thereby further 
 
 adjudged that if the said several sums should not be paid forthwith, the 
 
 said A. B. B] s\\a\\ be imprisoned in the [house of correction] at , in 
 
 the said [county] of , [and there kept to hard labour] for the space 
 
 of , [C unless the said several sums, and the costs and charges of the 
 
 commitment and conveying the said A. B. to the said [house of correc- 
 tion] should be sooner paid; and whereas the said A. B. being now 
 required to pay the said several sums, hath not paid the same, or any part 
 thereof, but therein hath made default DJ 5 These are therefore to com- 
 mand you, the said constable of the parish of , to take the said A.B. 
 
 and him safely convey to the [house of correction] 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 [house of correc- 
 tion], 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 several sums, and the costs and charges of the 
 commitment and conveying him to the said [house of correction], amounting 
 
 to the further sum of , shall be sooner paid f]; and for your so 
 
 doing, this shall be your sufficient warrant. Given under [my] hand and 
 
 seal, this day of , in the year of our Lord , at , in the 
 
 [county] aforesaid. 
 
 J. S. (L. s.) 
 
 %* Where imprisonment only is adjudged, omit the portions between Hie 
 Utters A * B' C to D) au d E * F> an( ^ *' (e form will be applicable. 
 If a penalty adjudged, it will suit without alteration. 
 
 2. Enforcing Orders on Complaints. 
 
 60. Minute of Order for Service under s. 17, before enforcing. 
 (Not in Jervis's Act (a).) 
 
 [Proceed as in form No. 33, ante, p. 35, to the asterisk *, stating the 
 terms of the adjudication us in either of the following :] 
 
 1. On Dismissal. Same as form No. 33, p. 35. 
 
 2. Where Imprisonment only. That the said A. B., who does 
 
 [not] appear, do [here state the matter shortly required to be 
 done] forthwith [or "on or before the day of "], and 
 
 (a) This minute should be issued in duplicate, and the time and mode of 
 service indorsed upon it by the person who served it, and retained by the clerk 
 to the justice.
 
 CHAP i.] Sect. 6. Enforcing Convictions and Orders. 56 
 
 on disobedience to be imprisoned, with hard labour, for , 
 
 and to pay to the said C. D. for costs ; and in default of 
 
 distress for that sum, the said A. B. to be imprisoned for an 
 
 additional term of , unless sooner paid. 
 
 3. Where a sum of money. That the said A. B., who does [not] 
 
 appear, shall forthwith [or " on or before the day of "] 
 
 pay to the said C. D. the sum of , and also for costs 
 
 [to be recovered by distress] ; and in default the said A . B. to be 
 
 imprisoned, with hard labour, for , unless sooner paid, 
 
 with the costs of [distress and] conveyance to gaol. 
 
 61. Warrant of Commitment on an Order where the Disobey- Vide s. 24 ; 
 
 ing of it is punishable by Imprisonment (P '. 2). Arch. p. 165; 
 
 To the constable of , and to the keeper of the [house of correc- oke'sSvn D 66 
 
 tion] at , in the said [county] of . 
 
 Whereas on last past complaint was made before the undersigned 
 
 [one] of her Majesty's justices of the peace in and for the said county of 
 
 for that [4'C., as in the order], and afterwards, to wit, on , at 
 
 the said parties appeared before me [or as it may be in the order], 
 
 and thereupon having considered the matter of the said complaint, I 
 adjudged the said A. B. to [<"> us in the order], and that if, upon a copy 
 of the minute of that order being duly served upon the said A. B., either 
 personally, or by leaving the same for him at his last or most usual place 
 of abode, he should neglect or refuse to obey the same, it was adjudged 
 that in such case the said A. B. for such his disobedience should be im- 
 prisoned in the [house of correction] at , in the said county [and 
 
 there kept to hard labour], for the space of [unless the said order 
 
 should be sooner obeyed] : And whereas it is now proved to me that after 
 the making of the said order a copy of the minute thereof was duly served 
 upon the said A. B., but he then refused [or "neglected "] to obey the same, 
 and hath not as yet obeyed the said order : These are therefore to com- 
 mand 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 
 
 to deliver him to the 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] tor the space of , 
 
 and for so doing this shall be your sufficient warrant. Given under my 
 
 hand and seal, this day of , in the year of our Lord , at 
 
 , in the [county] aforesaid. 
 
 J.S. (L.S.) 
 
 62. Warrant of Distress for Costs upon an Order wliere tlie vide s. 24 (id.) 
 Disobeying of the Order is punishable with Imprisonment 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas on last past complaint was made before the undersigned 
 
 [one] of her Majesty's justices of the peace in and for the said county of 
 
 for that [Sfc., as in the order], and afterwards, to wit, on , at 
 
 , the said parties appeared before me, as such justice as aforesaid 
 
 [or as it may be in the order], and thereupon, having considered the 
 matter of the said complaint, I adjudged the said A. B. to [fyc., as in the
 
 56 Summary Convictions and Orders. [PART i. 
 
 order] ; and that if upon a copy of the minute of that order being served 
 upon the said A. B., either personally or by leaving the same for him at 
 his last or most usual abode, he should neglect or refuse to obey the 
 same, I adjudged that in such case the said A. B. for such his disobe- 
 dience should be imprisoned in the \house of correction] at , in the said 
 
 [county], [and there kept to hard labour] for the space of [unless the 
 
 said order should be sooner obeyed] ; and I thereby also adjudged the said 
 
 A. B. to pay to the said C. D. the sum of for his costs in that 
 
 behalf; and I ordered that if the said sum for costs should not be paid 
 [forthwith], the same should be levied of the goods and chattels of the 
 said A. B ; and in default of sufficient distress in that behalf I thereby 
 adjudged that the said A. B. should be imprisoned in the said [house of 
 correction], [and there kept to hard labour] for the space of , to com- 
 mence at and from the termination of his imprisonment aforesaid, unless 
 the said sum for costs, 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'] should be sooner paid : And whereas after the making of the 
 said order a copy of the minute thereof was duly served upon the said 
 A. B., but the said A. B. did not then pay, nor hath he paid the said sum 
 
 of for costs, or any part thereof, but herein hath made default*: 
 
 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 days next after the making of such distress the said 
 
 last-mentioned 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 the same as by 
 
 law directed, and may render the overplus, if any, on demand, to the said 
 A. B., 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 therein as to the 
 
 law doth appertain. Given under my hand and seal, this day of 
 
 , in the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 * # * Vide forms 35 and 36, ante, indorsement to execute distress war- 
 rant in another jurisdiction, and the constable's return of nulla 
 bona. 
 
 63. Warrant of Commitment for Want of Distress (P. 5). 
 
 [Proceed as in form 50, ante, p. 47, but reciting the form No. 62 to 
 the asterisk *, then to the end as form 50. 
 
 64. Commitment forthwith for an additional Term for the 
 Costs upon an Order where the Disobeying of the Order is 
 punishable with Imprisonment on Confession of no Goods, 
 tyc. by the Defendant. (Not in Jervis's Act.) 
 
 [This would be similar to form No. 51, ante, p. 48, but reciting as 
 directed for form 63, supra.']
 
 CHAP, i.] Sect. 6. Enforcing Convictions and Orders. 57 
 
 65. Warrant of Commitment on an Order in the first vide s.23 ; 
 instance (O. 2). Arch. p. 161 ; 
 
 To the constable of , and to the keeper of the [house of cor- ^ u d 'P' ll *! ft ' 
 
 rection] at , in the said [county-] of . 
 
 Whereas on last past, complaint was made before the under- 
 signed, [one] of her Majesty's justices of the peace in and for the said 
 
 county of for that [fyc., as in the order], and afterwards, to wit, on 
 
 , at , the parties appeared before [me] the said justice [or as 
 
 it may be in the order], and thereupon having considered the matter 
 of the said complaint, I adjudged the said A. B. to pay to the said 
 
 C. D. the sum of on or before the day of then next, 
 
 and also to pay to the said C. D. the sum of for his costs in 
 
 that behalf; and I also thereby adjudged that if the said several sums 
 
 should not be paid on or before the day of then next, the 
 
 said A. B. should be imprisoned in the [house of correction] at , 
 
 in the said [county], [and there kept to hard labour] for the space of 
 , unless the said several sums [and the costs and charges of con- 
 veying the said A.B. to the said house of correction] should be sooner 
 paid : And whereas the time in and by the said order appointed for the 
 payment of the said several sums of money hath elapsed, but the said 
 A. B. hath not paid the same or any part thereof, but therein hath made 
 default () : These are therefore to command you, the said constable of 
 
 , to take the said A. B. and him safely convey to the said [house of 
 
 correction] 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 [house of correction,] to receive the said A. B. into 
 your custody in the said [house oj correction,] there to imprisoa him [and 
 
 keep him to hard labour] for the space of , unless the said several 
 
 sums [and costs and charges of conveying him to the said house of correc- 
 tion, 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 , in the 
 
 year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 66. Warrant of Distress upon an Order for the Payment of vide s. 19 ; 
 Money (N. 2). Arch. p. 152 ; 
 
 To the constable of , and to all other peace officers in the said " U ' ' 
 
 [county] of . 
 
 Whereas on last past, a complaint was made before the undersigned 
 
 [one] of her Majesty's justices of the peace in and for the said county 
 
 of , for that [4r., as in the order], and afterwards, to wit, on at 
 
 , the said parties appeared before me [or as in the order], and there- 
 upon having considered the matter of the said complaint, I adjudged the 
 
 said A. B. to [pay to the said C. D. the sum of on or before the 
 
 then next], and also to pay to the said C. D. the sum of for his 
 
 costs in that behalf; and I thereby ordered that if the said several sums 
 should not be paid on or before the said then next, the same should 
 
 (a) There is no mention made in this statutory form of the minute of the 
 order being served as in forms No. 61 (P. 2), and No. 62 (P. 4) ; the words 
 used in those forms should therefore be inserted, although s. 17 of the 11 & 12 
 Viet. c. 43, states that such minute shall not form any part of the warrant of 
 commitment or of distress ; viz., " although a copy of the minute of the taid order 
 was duly served upon the said A. B."
 
 58 Summary Convictions and Orders. [PART i. 
 
 be levied by distress and sale of the goods and chattels of the said A. B. ; 
 and it was adjudged that in default of sufficient distress in that behalf, the 
 
 said A. B. should be imprisoned in the [house of correction] at , in 
 
 the said county, [and there kept to hard labour} for the space of , un- 
 less the said several sums, and all costs and charges of the distress, [and 
 of the commitment and conveying of the said A. B. to the said [house of 
 correction] ], should be sooner paid : and whereas the time in and by the 
 
 said order appointed for the payment of the said several sums of 
 
 and hath elapsed, but the said A. B. hath not paid the same, or any 
 
 part thereof, but therein hath made default : (6)* 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 days 
 
 after the making of such distress the said last mentioned sums, 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 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, to the said A. B. ; 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 therein as to the law doth ap- 
 pertain (c). Given under my hand and seal, this day of , in 
 
 the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 Vide s. 19 (id.) 67. Commitment upon a like Order where the Distress mould 
 be ruinous, or on Defendant confessing he has no (roods. 
 (Not in Jervis's Act.) 
 
 To the constable of the parish of $ and to the keeper of the 
 
 [house of correction], at , in the said [county] of . 
 
 ? Whereas on the day of , a complaint was made be- 
 to wit. S fore the undersigned [or " J. P., Esquire,"] one of her Majesty's 
 
 justices of the peace in and for the said [county'] of , by C. D. of 
 
 &c., that A. B. of &c., did, on the day of , at the parish of 
 
 , in the said [county] of , [here set out the matter of complaint 
 
 as in the order], and afterwards, to wit, on the day of , 
 
 the parties appeared before [me] the said justice, [or as it may be in the 
 order], and thereupon having considered the matter of the said complaint, 
 
 I adjudged the said A. B. to pay to the said C. D. the sum of , on 
 
 or before the day of then next, and also pay to the said C. D. 
 
 the sum of for his costs in that behalf; and I also thereby adjudged 
 
 that if the said several sums should not be paid forthwith [or " on or 
 
 before the day of next,"]* then inasmuch as it hath been 
 
 made to appear to [me] that the issuing of a warrant of distress in this 
 behalf would be ruinous to the said A. B. and his family, [or " that the 
 said A. B. hath no -goods or chattels whereon to levy the said sums by 
 distress,"] it was thereby also adjudged that the said A. B. should be 
 
 imprisoned in the [common gaol] at , in the said [county] of , 
 
 [and there kept to hard labour] for the space of , unless the said 
 
 several sums [and the costs and charges of the commitment and convey- 
 
 (6) Here insert the words referred to in note (a), ante, p. 57, as having been 
 omitted from the form No. 65 as well as this. 
 
 (c) Add here the form of direction to detain the defendant till the return of 
 this distress warrant, as given in the note (rf) to form No. 53, ante, p. 50.
 
 CHAP, i.] Sect. 6. Enforcing Convictions and Orders. 59 
 
 ing of the said A. B. to the said [common gaol~\ should be sooner paid : 
 and whereas although a copy of the minute of the said order was duly 
 served upon the said A. B., the said A. B. hath made default in payment 
 of the said sums, and hath not paid the same or any part thereof: These 
 are therefore, &c. [conclude as form No. 54, ante, p. 50.] 
 
 * Referred to in form No. 71. 
 
 68. Recognizance of a Defendant to appear on the Return of 
 the Distress Warrant, and Notice thereof. (Not in Jervis's 
 Act.) 
 
 [This will be similar to form No. 55, ante, p. 51.] 
 
 69, 70, Indorsement in backing Distress Warrant, and Con- 
 stable's Return of Nulla Bona. 
 [Forms No. 35 and 36, ante, p. 36.] 
 
 71. Warrant of Commitment upon an Ordarfor Want of 
 Distress. (Not in Jervis's Act.) 
 
 [Proceed to the asterisk * inform No. 67, ante, then thus :] the same 
 should be levied by distress and sale of the goods and chattels of the said 
 A. B.. and it was adjudged that, in default of sufficient distress in that 
 behalf, the said A. B. should be imprisoned in the [house of correction] 
 
 at in the said county of , [and there to be kept to hard labour] 
 
 for the space of , unless the said several sums, and all costs and charges 
 
 of the distress [and of the commitment and conveying of the said A. B. 
 to the said [house of correction] ] should be sooner paid : and whereas after 
 the making of the said order a copy of the minute thereof was duly served 
 upon the said A. B., but the said A. B. did not then pay, nor hath he paid 
 
 the said sum of for costs, or any part thereof, but therein hath made 
 
 default; and whereas afterwards, on the day of , in the year 
 
 aforesaid, I, the said justice, issued a warrant to the constable of , com- 
 manding him to levy the said sums of and , 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 A. B., but that no sufficient distress whereon to 
 levy the sums above mentioned could be found : These are therefore, &c. 
 [conclude as inform No. 58, (N. 5), ante, p. 52.] 
 
 72. Liberate or Discharge of a Defendant from Gaol on Qke's Syn. 
 Payment of Amount for which he was committed, fyc. (Not 2d ed. p. 55. 
 in Jervis's Act.) 
 
 ) To the keeper of the [house of correction] at , in the 
 
 to wit. 1 said [county~\ of . 
 
 These are to command you, in her Majesty's name, forthwith to dis- 
 charge out of your custody one A.B., of, &c., if detained for no other cause 
 than what is mentioned in the warrant of commitment dated the
 
 60 Summary Convictions and Orders. [PART i. 
 
 day of , upon which he was taken and committed to your said 
 
 custody, the sums of money therein mentioned having been duly paid. 
 
 Given under my hand and seal, this day of , A. D. 1850, at 
 
 in the [county] of aforesaid. 
 
 J. S. (L. s.) 
 
 3. Enforcing Costs on Dismissal of Information or Complaint. 
 
 [The forms applicable hereto are Nos. 31, ante, p. 34, to No. 38, ante, 
 p. 37.] 
 
 XM 2. n J 4 Enforcing Costs of Conveyance to Gaol. 
 
 70 ' 7it 73. Distress Warrant on Offender's Goods. (3 Jac. 1, c. 10, 
 
 s. 1.) (Not in Jervis's Act.) 
 
 \ To the constable of the parish of , in the [county] of 
 
 to wit. i . 
 
 Whereas by warrant under the hand and seal of me, J. S., Esquire, one 
 [or " us J. S. and F. G. Esquires, two"] of her Majesty's justices of the 
 
 peace for the said [county] of , bearing date the day of 
 
 last, A. B., of &c. was committed to the [house of correction] at , in 
 
 the said [county] of , for [here state the offence as in the commit- 
 ment], he, the said A. B., having means or ability to bear his own reason- 
 able charges for so conveying or sending him to the said [house of correc- 
 tion], and the charges of those appointed to guard him thither : and 
 
 whereas M. N., constable of the parish of , in the [county] of 
 
 aforesaid, who in obedience to such warrant conveyed the said A. B. to 
 the said [house of correction], hath made oath before me [us] the said jus- 
 tice, that the said A. B. refused at the time of his commitment and send- 
 ing to the said [house of correction] to defray the said charges of convey- 
 ing him as aforesaid, and did not then pay nor hath since paid the same, 
 
 which said charges amount to the sum of : These are therefore to 
 
 command you, in her Majesty's name, forthwith to make distress of such 
 and so much of the goods and chattels of the said A. B. as shall satisfy and 
 
 pay the said sum of , being the charges aforesaid, the appraisement to 
 
 be made by four of the honest inhabitants of the parish where such goods 
 and chattels shall be ; and I [we] do hereby order and direct the goods and 
 chattels so to be distrained to be sold and disposed of at the expiration of 
 four days from the time of taking such distress, unless the said sum of 
 
 , together with the reasonable charges of taking and keeping such 
 
 distress, shall become paid, returning the overplus, if any, on demand, to 
 the said A. B.; and if no sufficient distress can be found, then that you 
 certify the same unto me [us] to the end that such further proceedings 
 may be had thereon as to the law doth appertain. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.)
 
 CHAP, i.] Sect. 6. Enforcing Convictions and Orders. 61 
 
 74. Gaoler's Receipt for a Defendant, (a) (Not in Jervis's 
 
 Act.) 
 County of\ I hereby certify, that I have this day received from M. N., 
 
 > the constable of the parish of , the body of A. B , together 
 
 to wit. ) with a warrant under the hand and seal of J. S. Esquire, one 
 
 of her Majesty's justices of the peace for the [county] of ; and that 
 
 the said A. B. was sober at the time he was so delivered into my custody. 
 
 Dated this day of , 1850, o'clock. 
 
 C. O. Keeper of the common gaol at . 
 
 To Messrs. I. J. & B., Clerks to the justices of the N. division. 
 
 75. Committing- Justice's Order on the County Treasurer for 
 Constable's Expenses of conveying a Defendant to Gaol (27 
 Geo. 2, c. 3, s. 1), mith Variation where amount included in 
 the Commitment under Jervis's Act (11 < 12 Viet. c. 43), 
 and not paid. (Not in Jervis's Act.) 
 To Thomas Hall Fisher, Esq., treasurer of the said [county~] of . 
 
 County of 1 Whereas application hath been this day made to me, the 
 
 5 undersigned, one of her Majesty's justices of the peace in and 
 
 to wit. 3 for the [county~\ aforesaid, by M.N., one of the constables of 
 the parish of , in the same [county] of , to allow of the reason- 
 able expenses of his conveying A. B. to the common gaol at [Chesterton], 
 in and for the said [county'], who was by me committed to the said gaol 
 
 on the day of , from N. [14 miles] for [state the ojfence shortly'] ; 
 
 and [it having been duly made appear to me, the said justice, that the 
 said A. B. hath not money nor goods within the said [county] sufficient 
 
 to bear the charges of h self and those who conveyed h to the 
 
 said gaol, and] I having examined into the expenses thereof, and made 
 due enquiry into the premises, do hereby ascertain and allow the reason- 
 able expenses thereof at the sum of pound, shillings and 
 
 pence, which I hereby order and require you, the treasurer of the said 
 
 [county], forthwith to pay to the said M. N. [the said sum of having 
 
 been inserted in the warrant of commitment for the offence aforesaid, and 
 the said A. B. having been imprisoned for the full term therein ordered, 
 without paying the amount thereof (6) ]. Given under my hand and seal 
 
 this day of , in the year of our Lord 1850. 
 
 J. S. (L. s.) 
 N. B. Indorse on the back the constable's receipt for the amount. 
 
 (a) This receipt is similar to that contained in the 1 1 & 12 Viet. c. 42, 
 (Indictable Offences,) and required to be given by ihe gaoler; no such receipt 
 is required in summary convictions and orders ; the receipts are kept by the 
 justice's clerk, and on which he should indorse the amount of the order made 
 on the county treasurer. It is recommended that the gaoler should not give this 
 receipt till after the expiration of the defendant's imprisonment, in cases where 
 the costs of his conveyance to gaol are included in his commitment; and if de- 
 fendant pays such costs, the gaolor should certify on the back of the receipt that 
 the defendant has paid them ; ihe constable would then produce such receipt 
 and certificate to the magistrate's clerk, who would obtain payment of the amount 
 from the gaoler and pay the constable, instead of an order being made on the 
 county treasurer, for the gaoler is by the 31st sect, of 11 & 12 Viet. c. 43, re- 
 quired to pay all sums received by him forthwith to the magistrate's clerk. 
 
 (6) When this last paragraph between brackets is to remain, omit the previous 
 portion between brackets.
 
 Summary Convictions and Orders. 
 
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 CHAP, i.] Sect. 8. Of Appeal, #c. 63 
 
 SECT. 8. OF APPEAL, &c. 
 
 78. Notice of Appeal against a Conviction. (Not in Jervis's 
 Act.) (d) 
 
 To C. D. of &c., and [the names and additions of the parties 
 
 to whom the notice of appeal is required to be given.] 
 
 Take notice, that I the undersigned A. B., of &c., do intend to enter 
 and prosecute an appeal at the next general quarter sessions of the peace 
 
 to be holden at , in and for the [coimfy] of , against a certain 
 
 conviction [or " order"] bearing date on or about the day of 
 
 instant, and made by [you] J. S., Esquire, [one] of her Majesty's justices 
 of the peace for the said [county] of [or " for the counties of Cam- 
 bridge and Suffolk, being adjoining counties"] whereby I the said A. B. 
 
 was convicted of having [or " was ordered to pay "] [here state the 
 
 offence as in the conviction, information or summons; or the amount ad- 
 judged to be paid, as in the order, as correctly as possible] : And further, 
 take notice that the grounds of my appeal are, first, that I am not gnilty 
 of the said offence ; secondly, that the formal conviction drawn up and 
 returned to the sessions is not in law sufficient to support the said con- 
 viction of me the said A. B. [together with any other grounds, care being 
 taken that all are stated, as the appellant will be precluded from going into 
 any other than those stated.] 
 
 Dated this day of , 1850. A. B. 
 
 MEM. If this notice be given by several defendants, or by an attorney, 
 it can easily be adapted. 
 
 79. Recognizance to try the Appeal, fyc. (Not in Jervis's 
 
 Act.) 
 
 [Proceed as in the form of recognizance, No. 13, ante, p. 28 (E), stating 
 the condition thus:] The condition of the within- written recognizance is 
 such, that if the said A. B. shall, at the next general quarter sessions of 
 
 the peace to be holden at , in and for the said [county] of , enter 
 
 and prosecute an appeal against a certain conviction bearing date the 
 
 day of instant, and made by me the said justice, whereby he the said 
 
 A. B. was convicted, for that he the said A. B. did on the day of , 
 
 at the parish of , in the said [county] of [here set out the offence 
 
 as stated in the conviction] ; and further, that if the said A. B. shall abide 
 by and duly perform the order of the court to be made upon the trial of 
 such appeal, then the said recognizance to be void, or else to remain in 
 full force and virtue. 
 
 (rf) Vide " Foot's edition of the General and Quarter Sessions Courts Pro- 
 cedure Act" (12 & 13 Viet. c. 45), as to its application to summary convictions 
 and orders, and the requirements as to grounds of appeal, &c.
 
 64 
 
 Summary Convictions and Orders. [PART I. 
 
 80. Notice of such Recognizance to be given to the Defendant 
 (Appellant) and his Surety. (Not in Jervis's Act.) 
 
 Take notice, that you, A. B., are bound in the sum of pounds, and 
 
 you, L. M. [and N. O.] in the sum of [each], that you the said A. B., 
 
 at the next general quarter sessions of the peace to he holden at , in 
 
 and for the said [county'] of , enter and prosecute an appeal against 
 
 a conviction dated the day of instant, whereby you, A. B., 
 
 were convicted of [stating offence shortly'], and abide by and perform the 
 order of the court, to be made upon the trial of such appeal ; and unless 
 you prosecute such appeal accordingly, the recognizance entered into by 
 
 you will forthwith be levied on you. Dated this day of , 
 
 1850. 
 
 J. S. 
 
 Vide sect. 27 j 
 Arch. p. 174; 
 Saund. p. 122; 
 Oke's Syn. 
 p. 76. 
 
 Vide sect. 27, 
 (id.) 
 
 81. Certificate of Clerk of the Peace that the Costs of an 
 Appeal are not paid (R). 
 
 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 , in and for the said [county] on 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 sum of 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 day of , 184 . 
 
 [Signature.] 
 [Deputy] clerk of the peace. 
 
 82. Warrant of Distress for Costs of an Appeal against a 
 Conviction or Order (S. 1). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas [fyc., as in the warrants of distress, No. 53, ante, p. 50, or 
 No. 65, 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 con- 
 viction [or " order"], in which appeal the said A. B. was the 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 of the peace for the said county holden at on , 
 
 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 sum of 
 
 for his costs incurred 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
 
 CHAP, i.] Sect. 8. Of Appeal, $c. 65 
 
 day of one thousand eight hundred and forty-nine, 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 day of 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 days next after the making of such distress the 
 
 said last-mentioned 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 therein as to the law doth appertain. Given under my hand and 
 
 seal, this day of , in the year of our Lord at , in the 
 
 [county~\ aforesaid. 
 
 J.N. (L. s.) 
 
 83. Warrant of Commitment for Want of Distress in the Vide sect. 27 ; 
 
 last Case (S. 2). Ar ch. P- * 74 ; 
 
 Saund. p. 122; 
 
 To the constable of , and to the keeper of the [Iiouse of cor- Qke's Syn. 
 
 rection] at in the said [county'] of . p. 76. 
 
 Whereas [<Xr. as in the last form to the asterisk *, and then thus :] 
 
 And whereas afterwards, on the day of , in the year aforesaid, 
 
 I the undersigned issued a warrant to the constable of , commanding 
 
 him to levy the said sum of for costs by distress and sale of the 
 
 goods and chattels of the said A. B. : And whereas it appears to me, as 
 well as 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 A. 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 correc- 
 tion], 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 suffi- 
 cient warrant. Given under my hand and seal, this day of , 
 
 in the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 MEM. For the margin of this form. . d. 
 
 Costs of appeal 
 
 Charges of distress 
 
 Commitment and conveyance to gaol '. . . . 
 
 Total
 
 [PART i. 
 
 CHAPTER II. 
 
 SPECIAL FORMS OF STATEMENTS OF OFFENCES, &c. 
 
 ** In the Statements of Offences in this Chapter, the Name and Addition 
 of the Defendant, and the Date and Place of committing the Offence, have 
 been omitted throughout, to avoid their repetition, which would increase the 
 bulk of this Collection, the Statements supposing to commence and (he words 
 "A.B., offyc., on&;c.,atfyc." to be inserted from the two Asterisks** in the Form 
 of Information or Complaint, No. 1 , ante, p. 23 ; and in Warrants, Summonses, 
 Commitments, Convictions, &c. to be inserted where the words " here set out 
 the Offence," or words to that effect, occur in the general Forms or Outlines 
 in Chap. I. The words "contrary, &c." signify ' contrary to the form of the 
 statute in such case made and provided." 
 
 AIDERS AND ABETTORS. 
 [The description of Offences will be found at page 26, Forms No. 6 and 7.] 
 
 Oke's Synopsis, 
 2nd ed. p. 80, 
 Offence 1. 
 
 Id. Offence 2. 
 
 Id. OffenceS. 
 
 ALEHOUSES. 
 
 I. Offences against the Licence. 
 II. Other Offences. 
 III. Proceedings on Charge of a Third Offence, and on Appeal. 
 
 I. OFFENCES AGAINST THE LICENCE. 
 
 1. Fraudulently diluting or adultering exciseable Liquors. (9 Geo. 4, 
 c. 61, s. 21).] being then and there an alehouse keeper, and duly 
 licensed to sell exciseable liquors by retail in his house or premises there 
 situate, did* fraudulently dilute [or adulterate] a certain quantity of 
 a certain exciseable liquor, to wit, two gallons of gin, then in the posses- 
 sion of him the said A. B., by mixing a certain quantity, to wit, one 
 quart of water therewith, 
 
 against the tenor of his said licence, and contrary to the form of the 
 statute in such case made and provided. 
 
 2. Selling adulterated Liquors. (Id.)] Proceed to the asterisk* in No. 1, 
 then : sell to one E. F. a certain quantity of a certain exciseable liquor, to 
 wit, two gallons of gin, before then fraudulently diluted [or adulterated] 
 by the said A. B. [or by some person or persons unknown], he the 
 said A. B. then and there well knowing that the same were so fraudulently 
 diluted or adulterated, against, &c. [as l.J 
 
 3. Not using Standard Measure. (Id.)] Proceed to the asterisk* in 
 No. 1, then: in selling to one E. F. a certain quantity of a certain excise- 
 able liquor, to wit, two gallons of gin, unlawfully use a certain measure as 
 and for a gallon, which was not then of the legal standard, but, on the 
 contrary, was less, to wit, one pint less than a gallon measure of the legal 
 standard, against, &c.
 
 CHAP, ii.] ALEHOUSES. 67 
 
 4. Permitting Drunkenness. (Id.)] Proceed to the asterisk*in No. 1, Oke's Synop. 
 then : wilfully [or knowingly] permit drunkenness and other disor- 2nd ed. p. 80. 
 derly conduct in his said house and premises so licenced as aforesaid, there Offence 4. 
 situate, against, &c. 
 
 5. Permitting disorderly Conduct. (Id.)] Proceed to the asterisk* Id. 
 in No. 1, then: wilfully [or knowingly] permit disorderly conduct in 
 his said house and premises, by then and there suffering persons, to the 
 number of twelve and more, to remain fighting, drinking and making a 
 great noise and disturbance there [or as the case may be'], at a late hour of 
 the night, to wit, at one o'clock, against, &c. 
 
 6. Suffering unlawful Games. (Id.)] Proceed to the asterisk* in No. 1, Id. Offence 5. 
 then : knowingly suffer a certain unlawful game, to wit, an unlawful game 
 
 of rouge et noir [or hazard] to be played by one E. F. and G. H., and 
 several other persons unknown [or by several persons unknown], in 
 his said house and premises so licensed, against, &c. 
 
 7. Suffering gaming. (Id.)] Proceed to the asterisk* in No. 1, then: Id. 
 knowingly suffer gaming in his said house and premises so licensed, by 
 then and there permitting one E. F. and G. H. [or several persons 
 unknown] to play [for money or ale, if the case] or cards [or as the 
 case may be], against, &c. 
 
 8. Permitting Persons of notoriously bad Character to assemble. (Id.)] Id. Offence 6. 
 Proceed to the asterisk* in No. 1, then: knowingly permit [or suffer] 
 
 one E. F., one F. G. and other persons, the said E. F., F. G. and the 
 said other persons then being persons of notoriously bad character, 
 
 [or knowingly permit [or suffer] divers persons of notoriously 
 
 bad character] 
 
 to assemble and meet together in his said bouse and premises so licensed, 
 against, &c. 
 
 9. Opening House during Afternoon Divine Service. (Id.)] Proceed to Id. Offence 7. 
 the asterisk* in No. 1, then: and the said day being Sunday [Christ- 
 mas Day or Good Friday], keep open his house, so licensed, for the 
 
 reception of persons, not being travellers, during the usual hours of the 
 afternoon divine service in the church [or chapel] of the said parish 
 of , to wit, at three o'clock in the afternoon, against, &c. 
 
 10. Suffering Liquor to be conveyed during Divine Service. (Id.)] Id. Offence 8. 
 Proceed to the asterisk* in No. 1, then : and the said day being Sunday 
 
 [or Christmas Day or Good Friday] permit [or suffer] a certain 
 quantity of an exciseable liquor, to wit, one quart of ale, to be conveyed 
 by one E. F. [or a person unknown] from and out of his said house 
 and premises during the usual hours of the afternoon divine service in the 
 
 church [or chapel] of the said parish of , to wit, at three o'clock 
 
 in the afternoon, against, &c. 
 
 11. Not maintaining good Order. (Id.)] Proceed to the asterisk* in Id. Offence 9. 
 No. 1, then: nbt then and there maintain good order and rule in his said 
 
 house and premises so licensed as aforesaid, but on the contrary thereof, 
 he the said A. B.* did then and there permit and suffer great noises, shout- 
 ing and fighting therein, to the great disturbance of the neighbourhood 
 [or as the case may be~], against, &c.
 
 68 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. Forms to be used in enforcing the Conviction ] No. 39 (I. 1), ante, p. 
 2nd ed. p. 80. 38 ; Distress Warrant, &c. No. 53 (N. 1), p 50, as the case may require. 
 
 Observat ions.'] The title of the statute is given in the form of convic- 
 tion in s. 32 of the 9 Geo. 4, c. 61 ; it is, " against the provisions of an 
 act to regulate the granting of licences to keepers of inns, alehouses 
 and victualling houses in England." This may be inserted or not, after 
 the description of the offence in the conviction and the subsequent forms. 
 
 II. OTHER OFFENCES. 
 
 OffenceslO.il, 12. Selling ivithout Licence. (Id. s. 18.)] did sell [or barter, ex- 
 P* 82. change, or for valuable consideration, to wit, dispose of] 
 
 [or did permit or suffer] to be sold [or bartered], &c. 
 by retail, a certain quantity of a certain exciseable liquor, to wit, one pint 
 of ale, to one E. F., to be drunk and consumed in his house and premises 
 there situate, he the said A. B. not being then and there duly licensed so 
 to do, and not being then and there the heir, executor, administrator or 
 assignee of any person duly licensed so to do, contrary, &c. 
 
 Id. Offence 12. 13. Licensed Per son selling in unlicensed Premises. (Id.)] Proceed to 
 the asterisk* in Form No. 1, ante, p. 66, and then : sell [or barter], &c. 
 
 [or permit or suffer] to be sold [or bartered, &c.] 
 
 by retail, a certain quantity of a certain exciseable liquor, to wit, one pint 
 of ale, to one E. F., to be drunk and consumed in a certain other house 
 of him the said A. B., situate in Street, in the parish of afore- 
 said, the said last-mentioned house not being the house or premises speci- 
 fied in such licence, and the said A. B. not being then the heir, executor, 
 administrator or assignee of any person duly licensed to sell exciseable 
 liquors, to be drunk or consumed in the said last-mentioned house, con- 
 trary, &c. 
 
 Id. Offence 13. 14. Not selling by Standard Measure. (Id. s. 19.)] Proceed to the 
 asterisk* in Form No. 1, ante, p. 66, and then: and being then and 
 there required by one E. F. to sell by retail in his said house and pre- 
 mises a certain quantity of a certain exciseable liquor, to wit, one gallon 
 of ale, by the gallon sized according to the standard, and being then and 
 there also required by the said E. F., so then and there purchasing the 
 said liquor, to retail the same in a vessel sized according to the standard, 
 did therein make default, and did then and there sell the said ale by a 
 measure much less, to wit, one pint less than the standard gallon, con- 
 trary, &c. 
 
 Id. Offence 14. 15. Not closing House incase of Riot, $c. (Id. s. 20.)] Proceed to the 
 second asterisk in Form No. 11, ante, p. 67, and then : did keep open his 
 
 said house at [or after] the hour of in the noon, at which 
 
 said last mentioned hour two of her Majesty's justices of the peace, acting 
 for the county wherein the said house is situate, duly ordered and directed 
 
 that every person licensed as aforesaid in the said parish of , where 
 
 a riot or tumult then happened, should close his house, against, &c. 
 las No. 1], 
 
 Id. Offences 16. Harbouring or entertaining County Police. (2 & 3 Viet. c. 93, 
 
 1517. s. 16.)] being then and there a victualler [or a keeper of a house, 
 
 shop, room, or other place], there for the sale of spirituous liquors [or 
 
 otherwise] did then and there knowingly harbour [or entertain, or did then 
 
 and there knowingly permit to remain and abide in his said house,! one
 
 CHAP, ii.] ALEHOUSES. 69 
 
 E. F., a constable then belonging to the constabulary force of the said Oke's Synop. 
 
 county of , during part, to wit, one hour of the time appointed for 2nd ed. p. 82. 
 
 the said E. F. being on duty, contrary, &c. 
 
 17. Not receiving Billeted Soldier. (Annual Mutiny Act.)] Proceed Offence 18. 
 to the asterisk * in Form No. 1, ante, p. 66, and then : and being a 
 
 person liable under the statute in that behalf to receive soldiers duly 
 billeted upon him,* did then and there refuse to receive and afford proper 
 accommodation [or diet], to wit in his house so licensed as afore- 
 said, to one E. F., a soldier in her Majesty's regiment of , then 
 
 and there duly billeted upon him by one G. H., the person employed by 
 virtue of the statute in that behalf in billeting soldiers in the said parish, 
 contrary, &c. 
 
 18. Refusing to pay Compensation, fyc. for Stables, fyc. for Soldiers. Id. Offence 19. 
 (Id.)] Proceed as directed in Form No. 17, supra, to the second asterisk*, 
 
 and then : and not having good and sufficient stables for the horse of one 
 
 E. F., a soldier in her Majesty's regiment of , then and there 
 
 duly billeted upon him by one G. H., the person employed by virtue of 
 the statute in that behalf in billeting soldiers in the said parish, did then 
 and there refuse to pay over to one H. I., who provided stabling for the 
 
 said horse, the sum of , as theretofore directed by one J. S., Esquire, 
 
 a justice of the peace, to be paid as an allowance by way of compensation 
 by the said A. B. to the said H. I., contrary, &c. 
 
 19. Opening House before half-past twelve on Sunday Morning (11 & Id. Offence 20. 
 12 Viet. c. 49, s. 1.)] Proceed to the asterisk* in Form No. 1, ante, 
 
 p. 66, and then : and the said day, being [Sunday] did open his house for 
 the sale of wine, spirits, beer, and other fermented or distilled liquors, 
 [naming which of them according to the fact], before half past twelve 
 o'clock in the afternoon [or before the termination of the morning divine 
 
 service in the church [or chapel] of the parish of ] to wit, at 
 
 o'clock in the noon, otherwise than as refreshment for travellers, 
 
 contrary, &c. 
 
 20. Selling before half-past twelve on Sunday Morning (Id-)] Id. Offence 21. 
 Proceed to the asterisk 9 in Form No. 1, ante, p. 66, and then: and 
 
 the said day being Sunday [or Christmas-day, or Good Friday], did 
 sell to one E. F. a certain quantity of a certain liquor, to wit, one pint of 
 beer [or as the case may be], before half-past twelve o'clock in the after- 
 noon, [or before the termination of the morning divine service in the 
 
 church [or chapel] of the said parish of ], to wit, at o'clock 
 
 in the noon, the said E. F. not then being a traveller, and the said 
 
 beer [or as the case may be] not being then sold as refreshment for travel- 
 lers, contrary, &c. 
 
 21. Opening for the Sale of any other Articles on Sunday. (Id. s. 3.)] Id. Offence 22. 
 Proceed to the asterisk* in Form No. 1, ante, p. 66, and then: and the 
 
 said day being Sunday [or Christmas-day, or Good Friday] did open his 
 house for the sale of a certain article, to wit, bread and cheese [or as the 
 case may be], before half-past twelve, &c. [conclude as in Form No. 19, 
 supra.] 
 
 22. Refusing to admit, or not admitting, a Constable. (Id. s. 5.)] jj Offences 23 
 Proceed to the asterisk* in Form No. 1, ante, p. 66, and then: refuse 24, p. 84. 
 
 to admit, [or did not admit], one E. F., then being one of the con- 
 stables for the said parish of , into the house of him the said A. B.
 
 70 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. there situate, and licensed for the sale of wine and spirits [or as the case 
 2nd ed. p. 84. may be], although the said A. B. was then and there requested by the 
 said E. F. to admit him therein, contrary, &c. 
 
 Forms to be used in enforcing the Conviction. (No. 39 (I. 1), ante, 
 p. 38] ; Distress Warrant, &c. No. 53 (N. 1), p. 50, to No. 58, p. 52. 
 
 III. PROCEEDINGS ON CHARGE OF A THIRD OFFENCE AND ON APPEAL 
 AGAINST CONVICTIONS UNDER 9 GEO. 4, c. 61, s. 21. 
 
 23. Recognizance of Informer or Witness to prosecute at Special Session 
 or at General Annual Licensing Meeting. 
 
 The form No. 13 (E.), ante, p. 28, may be adapted to one person, 
 staling the condition thus : the condition of the within-written recogni- 
 zance is such, that if the said C. D. [and E. F.] shall personally appear 
 at the special session [or general annual licensing meeting] of her 
 Majesty's justices of the peace in and for the division of N., in the said 
 
 county of , to be holden at , on the day of next, at 
 
 o'clock at noon, then and there to prosecute one A. B., an alehouse 
 
 keeper, upon a charge [preferred by the said C. D.] of a third offence 
 against the tenor of the licence of the said A. B., to wit, for that the said 
 
 A. B. on the day of , at the parish of , did [here set out the 
 
 offence], and to give evidence upon such charge, then the said recognizance 
 to be void, or else to stand in full force and virtue. 
 
 24. Notice of Recognizance.] The Form No. 13, ante, p. 29, can be 
 adapted to the above condition. 
 
 25. Recognizance of Defendant and Sureties to try Charge where ad- 
 journed to the Quarter Sessions. (Id. s. 21.)] The Form No. J3 (E.), 
 ante, p. 28, may be used, stating the condition thus : the condition of the 
 within-written recognizance is such, that whereas the within-bounden 
 A. B. hath this day been charged before us, the said justices assembled 
 in special session [or at the general annual licensing meeting,] with a 
 third offence against the tenor of the licence of the said A. B. as an ale- 
 house-keeper, to wit, for that he, the said A. B., on the day of 
 
 last, at the parish of , in the said [county] of , [here set out the 
 
 offence'] and we have directed the hearing of the said charge to be ad- 
 journed [at the written request of the said A. B. if so,] to the general [or 
 quarter] session of the peace for the said [county] now next ensuing, 
 there to be inquired of by a jury ; if therefore the said A. B. will personally 
 appear at the next general [or quarter] sessions of the peace to be holden 
 
 in and for the said [county] of ,* and then and there to try the said 
 
 charge, and to abide the judgment of the court thereupon, and to pay 
 such costs as shall be by the said court awarded, then the said recogni- 
 zance to be void, or else to stand in full force and virtue. 
 
 26. Notice of suck Recognizance.] The Form' No. 13 (E.), ante, 
 p. 28, can be adapted to the above condition. 
 
 27. Recognizance of Informer or Witness to give evidence at the Quarter 
 Sessions. (Id. s. 21.)] The Form No. 13 (E.), ante, p. 28, may be 
 adapted to one person, stating the condition thus: the condition, &c. [pro-
 
 CHAP, ii.] ALEHOUSES. 71 
 
 ceed as in Form No. 25, supra, to the asterisk*, and then thus : and there 
 [to prosecute and] give such evidence as he knoweth against the said 
 A. B., so charged as aforesaid, then the said recognizance to be void, or 
 else to stand in full force and virtue. 
 
 28. Recognizance on Appeal against Conviction and Notice. (Id. s. 
 27.] Vide the general Forms, No. 79, 80, ante, pp. 63, 64. 
 
 29. Summons of a Witness to give evidence on the Trial of the Appeal. 
 
 (Id. s. 28.) 
 
 to wit < ^ ^' ^* ^ ' * n ^ e sai< ^ \. count y] f 
 
 Whereas A. B. of , alehouse keeper, having given due notice in 
 
 writing of his intention to appeal against a certain conviction, bearing 
 
 date the day of last, made by two of her Majesty's justices of 
 
 the peace in and for the division of N., in the said [county] of , 
 
 whereby the said A. B. was convicted of [state offence], and having this 
 day entered into a recognizance, with sufficient sureties, before me the 
 undersigned, one of her Majesty's justices of the peace in and for the said 
 
 [county] of , conditioned to appear at the next general [or quarter] 
 
 sessions of the peace to be holden in and for the said [county] of , to 
 
 try the said appeal, and to abide the judgment of the court thereupon, 
 and to pay such costs as shall be by the court awarded :* And whereas it 
 appears to me that your evidence is material to be given on the trial of the 
 
 said appeal: These are therefore to require you to be and appear on , 
 
 at o'clock in the forenoon, at , before me, to be bound in recog- 
 nizance to appear at the said sessions, and to give evidence in such ap- 
 peal. Given under my hand and seal this day of in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 30. Warrant where the Witness has disobeyed the Summons. (Id. s. 28.) 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas [recite as in Form No. 29, to the asterisk,* then thus : and it 
 
 having appeared to me that the evidence of E. F. of was material 
 
 to be given on the trial of the said appeal, I did duly issue my summons 
 
 to the said E. F., requiring him to be and appear on , at 
 
 o'clock in the forenoon, at , before me to be bound in recognizance 
 
 to appear at the said sessions, and to give evidence in such appeal:* And 
 whereas proof hath this day been made before me upon oath of such 
 summons having been duly served upon the said E. F. : And whereas the 
 said E. F. hath neglected [or refused] to obey the said summons: These 
 are therefore to command you to take the said E. F. and to bring and 
 
 have him on , at o'clock in the forenoon at , before me, 
 
 to enter into such recognizance, and to be further dealt with according to 
 law. Given, &c. [as in No. 29, supra.] 
 
 31. Commitment of the Witness on refusal to enter into Recognizance. 
 (Id. s. 28.) 
 
 To W. T. constable of , in the said [county] of , and to 
 
 the keeper of the [house of correction] at . 
 
 Whereas [recite as in Form No. 29 to the asterisk*, then to the asterisk* 
 in No. 30, then thus] : and the said E. F. being brought before me by 
 virtue of my warrant in that behalf, and being required by me to enter 
 into such recognizance for his appearance as aforesaid, hath now refused
 
 72 Summary Convictions and Orders. [PART I. 
 
 so to do : These are therefore to command you the said constable to take 
 
 the said E. F., and him sefely 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 E. F. into your custody in the 
 said [house of correction], there to remain until he shall enter into such 
 recognizance as aforesaid in the sum of pounds, or shall be other- 
 wise discharged by due course of law. Given, &c. [as Form No. 29, 
 ante.'] 
 
 32. Recognizance of the Witness to give Evidence on Appeal. (Id. s, 
 28.)] The Form No. 13 (E.), ante, p. 28, may be adapted to one person, 
 stating the condition thus: the condition of the within written recog- 
 nizance is such, that if the said E. F. appear at the next general [or 
 quarter] sessions of the peace to be holden in and for the said county 
 
 of , and there give such evidence as he knoweth in a certain appeal 
 
 to be entered and prosecuted by one A. B. of , alehouse keeper, against 
 
 a certain conviction bearing date the day of instant, and 
 
 made by two of her Majesty's justices of the peace in and for the said 
 
 county of , whereby he the said A. B. was convicted, for that he the 
 
 said A. B. did on the day of last, at the parish of in 
 
 the said [county] of [here set out the offence as stated in the conviction'], then 
 the said recognizance to be void, or else to stand in full force and virtue. 
 
 33. Notice of such Recognizance.'] The form No. 14, ante, p. 29, 
 can be adapted to the above condition. 
 
 APPRENTICES (a). 
 
 I. Offences by Apprentices. 
 II. Offences by Masters. 
 
 I. OFFENCES BY APPRENTICES. 
 
 ed e i>* aS* 2nd *' A PP rentice misbehaving (6). (20 Geo. 2, c. 19,8.4; 4 Geo. 4, c. 34, 
 Offence 1.' ?' i r 4 Ge ' 4 ' C> 29 ' St ^ : ~ then bein S an apprentice to the said C. D. 
 
 in his trade of a , upon whose binding out no premium [or no 
 
 larger sum than twenty-five pounds, to wit, the sum of ten pounds only] 
 was paid [or contracted to be paid], and being then and there employed 
 
 as such apprentice at the said parish of , was then and there in the 
 
 service of his said apprenticeship guilty of a certain misdemeanor [or 
 miscarriage, or certain ill behaviour] by then and there refusing to 
 
 (a) Some stages of the proceedings under this title were supposed, in the 
 second edition of "The Magisterial Synopsis," not to be within the provisions 
 of Jerviss Act (11 & 12 Viet. c. 43). Vide Mr. Archbold's opinion to the 
 contrary, 2nd edition, p. 138, note. Those processes which are within that 
 statute are here adapted to the general forms or outlines given in it. 
 
 (6) If the complaint be not made by the master, say, E. F. of F., the steward 
 [or manager or agent] of C. D. of, $r.
 
 CHAP, ii.] APPRENTICES. 73 
 
 work [or disobeying the lawful commands of the said C. D., his master, Oke's Synop. 
 setting out the particular work or command, as the case may be~\, [or by * nc * e P* ^ 
 then and there absconding from the said C. D.'s service without his con- 
 sent and without just cause], contrary, &c. 
 
 Form to be used in enforcing the Conviction. (No. 41 (I. 3), ante, 
 p. 39] ; Commitment, No. 48 (P. 1), ante, p. 46, and for costs, Distress 
 Warrant, No. 49 (P. 3) 51, pp. 4648. 
 
 2. Warrant or Discharge of Apprentice instead of Committal. (20 
 Geo. 2, c. 19, s. 4 ) 
 
 To C. D. of, &c. and A. B. of, &c. 
 
 Proceed as in general form of commitment, No. 48 (P. 1), ante, 
 p. 46, by reciting A. B.'s conviction of the offence in Form 1, supra, to 
 the adjudication, and then thus: and we the said justices do order and 
 adjudge that you the said A. B. be forthwith discharged from your ap- 
 prenticeship to you the said C. D., and from the indentures in that behalf 
 between you; and we the said justices do by this our warrant discharge 
 you the said A. B. accordingly, and do hereby certify the same in pursuance 
 of the statute in such case made and provided.* Given under our hands 
 
 and seals, this day of , in the year of our Lord , at 
 
 in the [county] aforesaid. 
 
 J. S. (L. s.) 
 J. P. (t. s.) 
 
 3. Order to refund Part of Premium where Apprentice discharged. 
 (4 Geo. 4, c. 29, s. 2.)] This may be made a part of the original order 
 of discharge, form No. 2, supr-a, by inserting at the asterisk * : And we the 
 said justices, taking into consideration the circumstances under which you 
 the said A. B. are so discharged, do hereby further order and adjudge *, 
 in pursuance of the same statute, that you the said C. D. shall forth- 
 with [or on or before the day of next] refund and pay to the 
 
 said A. B. the sum of , being the whole [or part] of the premium 
 
 paid upon the binding or placing out of you the said A. B. as such 
 
 apprentice, [and also the sum of for his costs in this behalf], and 
 
 if the said several sums be not paid forthwith [follow to the end of form 
 No. 44, ante, p. 42.] 
 
 4. Distress Warrant upon Master's Goods for Premium ordered to be 
 
 refunded. 
 
 To the constable of , and to all other peace officers in the said 
 
 [county'] of . 
 
 Whereas by a certain order under the hands and seals of , two of her 
 
 Majesty's justices of the peace in and for the said county of , bear- 
 ing date the day of , reciting that, &c. [recite A. B.'s conviction 
 
 as in the general form of commitment, No. 48 (P. 1), ante, p. 46, down to 
 the adjudication, then thus :] and the said justices did thereby order and 
 adjudge that the said A. B. be forthwith discharged from his apprentice- 
 ship to the said C. D., and from the indentures in that behalf between 
 them, and the said justices did, by that their warrant, discharge the said 
 A. B. accordingly, and did thereby certify the same in pursuance of the 
 statute in such case made and provided ; and taking into consideration 
 the circumstances under which the said A, B. was so discharged, they the 
 said justices did thereby further order and adjudge [follow to the end of 
 form 3, supra, from the second asterisk *, then say, of which said order
 
 74 Summary Convictions and Orders. [PART i. 
 
 Oke'sSvnoo the said C. D. had due notice; then recite non-payment :] These are 
 2nd ed. p. 256. therefore, &c. [follow to the end of form No. 53 (N. 1), ante, p. 50.] 
 N.B. This warrant should be signed and sealed in petty sessions. 
 
 5. Commitment in Default of Distress.] This can be easily adapted 
 from the form No. 4, supra, and form No. 58 (N. 5), ante, p. 52. 
 
 6. Order abating Wages of Apprentice. (4 Geo. 4, c. 34, s. 1.)] 
 Proceed as in form No. 2, then thus : And we the said justices do 
 order and adjudge that the sum of - , [part of] the wages due and 
 payable from the said C. D. to the said A. B., as such his apprentice, 
 shall be abated therefrom, and we do abate the same accordingly. 
 
 Given, &c. [as form No. 2, ante, p. 73.] 
 
 Id. Offence 2. 
 
 Id. OffenceS. 
 
 7. Complaint for Misbehaviour of Parish Apprentice. (32 Geo. 3, c. 57, 
 s. 13.)] then being an apprentice to the said C. D. in his trade of a 
 -- , and bound as such apprentice to him by the parish of -- , in the 
 [county] aforesaid, and upon which binding out no premium, &c. [con- 
 clude as inform No. 1, ante, p. 72.] 
 
 8. Discharge of Parish Apprenticed] This will be the same as form 
 No. 2, ante, but reciting the offence as altered by form No. 7, supra. 
 
 9. Commitment of Parish Apprentice in addition to his Discharge. (Id.)] 
 This will be the same as the general form No. 48, (P. 1), ante, p. 46, 
 and after reciting his conviction, recite the adjudication of discharge, and 
 then the imprisonment.] 
 
 10. Complaint of Apprentice absenting and refusing to make Satisfaction 
 to his Master. (6 Geo. 3, c. 25, s. 1.)] then being an apprentice to 
 the said C. D. in his trade of a - , and with whom he the said C. D. 
 did not receive the sum of ten pounds, and before the term of his appren- 
 ticeship was expired, absent himself from the service of the said C. D., 
 his said master, without his leave, and that he the said A. B. hath since, 
 to wit, on the - day of - , at - , refused to serve the said C. D., 
 his said master, and hath then and there refused to make satisfaction to 
 the said C. D. for the loss he hath sustained by the said absence of him 
 the said A. B. from the service of the said C. D., his said master as afore- 
 said, contrary, &c. 
 
 11. Order or Determination of the Justice as to the Amount of Satisfac- 
 tion. (Id.)] Proceed us inform of order No. 45, (K.2), ante, p. 43, 
 reciting the complaint No. 1 0, supra, and after the amount ordered say, 
 as satisfaction for the loss so by the said C. D. sustained as aforesaid, 
 by reason of the said absence of the said A. B. from the service of the said 
 C. D. as aforesaid, then to the end. 
 
 12. Commitment of Apprentice on refusing to make Satisfaction on 
 Justices' Determination (Id.)] Proceed us in general form No. 65, 
 (0. 2), ante, p. 57, reciting complaint No. 10, and order No. 11, supra, 
 with the fact of non-payment, then thus : And whereas the said A. B. 
 hath not given security to make such satisfaction, according to the said 
 adjudication, determination and order of me the said justice as aforesaid:
 
 CHAP, ii.] APPRENTICES. 75 
 
 These are therefore, &c. [then follow to the end of general form No. 61, Oke's Synop. 
 (P. 2), ante, p. 55.] 2d ed. p. 256. 
 
 II. OFFENCES BY MASTERS. 
 
 13. Complaint for Misusage, Refusal of Provisions, Cruelty, fyc. (20 Id. Offence 4. 
 Geo. 2, c. 19, s. 3 ; 4 Geo. 4, c. 29, ss. 1, 2, and 33 Geo. 3, c. 55, s. 1.)] 
 
 misuse and illtreat the said C. D. [or was guilty of cruelty to the said 
 C. D., or as the, case may be], by then and there turning the said C. D. out 
 of his house without just cause, and refusing to receive him again when 
 thereunto requested, 
 
 [or, by then and there refusing to teach the said C. D. the trade of 
 
 a , as he could and ought to have done], 
 
 [or, by then and there requiring the said C. D. to work for an un- 
 reasonable time, to wit, fifteen hours a day, and threatening to 
 punish the said C. D. if he refused so to do], 
 
 [or, by then and there requiring the said C. D. to do other work than 
 that of his trade of a , to wit, [state the work re- 
 quired], and beating him for refusing so to do], 
 he the said C. D. being then and there an apprentice to the said A. B. 
 
 in his trade of a *, and no premium [or the sum of only] 
 
 having been paid [or contracted to be paid] upon his binding out as such 
 apprentice, and being then and there employed as such apprentice at the 
 said parish of , contrary, &c. 
 
 14. Warrant or Certificate of Discharge of Apprentice, (20 Geo. 2, 
 c. 19, s. 3), and Order for refunding Premium, (4 Geo. 4, c. 29, s. 2.)] 
 This will be the same as form No. 3, ante, p. 73, adapting it to the 
 complaint No. 13, supra. 
 
 15. Distress Warrant upon Master's Goods for Premium ordered to 
 be refunded.] This will be the same as form No. 4, ante, p. 73. 
 
 16. Commitment in Default of Distress.] This will be the same as 
 Form No. 5, ante, p. 74. 
 
 17. General Forms to be used in enforcing the Money Penalty, under 
 33 Geo. 3, c. 55, s. 1. (Conviction, No. 39 (I. I), ante, p. 38] ; Distress 
 Warrant, &c. No. 53 (N. 1) 58, ante, pp. 5052. 
 
 18. Complaint for Misusage, Sfc. of Parish Apprentices. (32 Geo. 3, c. Id. Offence 5. 
 57, s. 11.) Proceed as in Form No. 13, supra, and insert at the aste- 
 risk * and bound as such apprentice to the said A. B. by the parish of 
 
 , in the county of aforesaid. 
 
 19. Order discharging Apprentice, and to Master to pay Sum for again 
 placing out Apprentice, to deliver up Clothes, and Sum of Money on refusal. 
 (32 Geo. 3, c. 57, s. 11.)] Proceed as in Form No. 2, ante, p. 73, adapt- 
 ing it to the complaint, No. 18, supra, to the end, then thus: And we the 
 said justices do further order and adjudge that the said A. B. shall, on ,
 
 7g Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. deliver up to the said C. D. all his clothes and wearing apparel now in the 
 
 2nd eel. p. 256. possession and under the control of the said A. B., or in case the said A. B. 
 
 shall refuse to deliver up the same, then that the said A. B. shall pay unto 
 
 the said C. D. the sum of : And we the said justices do further order 
 
 and adjudge that the said A. B. shall forthwith pay unto the church- 
 wardens and overseers of the poor of the parish of aforesaid (to which 
 
 parish the said C. D. doth belong), or to some or one of them, the sum 
 
 of , to be by them, or some or one of them, applied for the again 
 
 placing and binding out the said C. D. or otherwise, as by an order in 
 that behalf, to be hereafter made, they shall be ordered and directed, in 
 pursuance of the statute in such case made and provided : And if the 
 said several sums be not paid forthwith, [follow to the end of form No. 
 44, ante, p. 42.] 
 
 20. Distress Warrant thereon.'] Same as Form No. 15, ante, p. 75. 
 
 21. Commitment in Default.] Same as Form No. 16, ante, p. 75. 
 
 22. Forms to be used in enforcing the Money Penalty under 33 Geo. 3, 
 c. 55, s. 1.] Same as No. 17, ante, p. 75. 
 
 23. Application of Master previous to Discharge of Parish Appren- 
 tice where Master is insolvent, 4' c - (32 Geo. 3, c. 57, s. 8).] that one 
 
 A. B. of , was, on the day of , in the year of our Lord , 
 
 bound an apprentice to this complainant the said C. D., in his trade of a 
 
 , by the parish of , in the [county] of aforesaid, and now 
 
 is such apprentice, and that he the said C. D. has lately become insolvent 
 [or is so reduced in his circumstances as to be unable to employ and 
 maintain the said apprentice A. B.] and therefore he, the said C. D., 
 requests that the said A. B. be discharged from his apprenticeship, 
 
 24. Discharge of Apprentice thereon. (Id.)] Proceed by reciting ap- 
 plication No. 23, then: And we J. L. and J. P., Esquires, two of her 
 Majesty's justices of the peace acting in and for the said [county'] of 
 
 , at , in the same [county'], this day of , in the year 
 
 of our Lord , having duly inquired into the matters of the said al- 
 legations in the said application of the said C. D. the said master, and 
 finding the same to be true, do hereby adjudge that the said A. B. be 
 forthwith discharged from his apprenticeship to the said C. D., and from 
 the indentures in that behalf between them; and we the said justices do 
 by this our warrant discharge him the said A. B. accordingly. 
 
 Given under our hands and seals this day of , in the year of 
 
 our Lord , at , in the [county! aforesaid. 
 
 J. L. (L.S.) 
 J. P. (L. s.) 
 
 25. Recognizance of Overseers of the Poor to prosecute by Indictment 
 a Muster for llltreatment of a Parish Apprentice. (32 Geo. 3, c. 57, 
 s - .I 1 -)] Proceed in the General Form No. 13, (E.), ante, p. 28, the con- 
 dition being : The condition of the within-written recognizance is such, that 
 whereas C. D. of &c. hath this day made complaint on oath before us, 
 that A. B. of &c. [here- xlate the complaint of ill treatment by the master], 
 if therefore they the said E. F. and G. H., as such overseers as aforesaid, 
 do and shall produce the said C. D. or other material evidence, and ap-
 
 CHAP, ii.] APPRENTICES ASSAULT. 77 
 
 pear at the next court of oyer and terminer or general gaol delivery, [or Oke's Synop. 
 court of general quarter sessions of the peace,] and there prefer or 2nd ed. p. 256 
 cause to be preferred a bill of indictment for the offence aforesaid against 
 the said A. B., and there also duly prosecute such indictment, then the 
 said recognizance to be void, or else to stand in full force and virtue. 
 
 26. Master wilfully abandoning a Parish Apprentice and removing 1 Arch. J. P. 
 above 40 Miles. (56 Geo. 3, c. 139, s. 8.)] being a person to whom a 4th ed. p. 104. 
 child named J. Y. had been before then bound apprentice by the over- 
 seers of the poor of the parish of , and whilst the said J. Y. was so 
 
 hound to him 'as aforesaid, did on the day of last past, and 
 
 within three calendar months next before the information in this behalf 
 was exhibited, remove his residence to M. in the county of N., being 
 forty miles and upwards from the parish wherein he the said A. B. resided 
 when the said J. Y. was so bound apprentice as aforesaid, and took the 
 said J. Y. to M. aforesaid, without an order in that behalf being made 
 by two justices of the peace, either for the continuance of the said ap- 
 prentice with the said A. B., or for the discharge of such apprentice, or 
 for the binding or assigning of such apprentice to any other person [or 
 did wilfully abandon and leave the said J. Y. without giving a written 
 notice to the churchwardens or overseers of the poor of the said parish 
 in which the said J. Y. then resided, of his the said A. B.'s intention to 
 remove his residence or establishment of business, pursuant to the statute 
 in that case made and provided,] contrary, &c. 
 
 27. Neglecting to perform Conditions of Indenture inserted by Poor ,., , , . 
 Law Commissioners. (7 & 8 Viet. c. 101, s. 12.)] being a person to whom . g*i 
 
 a child named J. Y. had been before then duly bound apprentice by in- offences 1 2. 
 dentures by the guardians of the N. union, in the counties of C. and S. 
 pursuant to the statute in such case made and provided, did then and 
 there wilfully refuse [or neglect] to perform certain terms [or certain con- 
 ditions] inserted in the said indentures, under and by virtue of a certain 
 order of the Poor Law Commissioners prescribed in that behalf to be in- 
 serted in indentures for binding out poor children, by then and there 
 [here negative the condition or terms'], contrary, &c. 
 
 28. General Forms to be used in enforcing the Conviction. (No. 39, 
 (1. 1), ante, p. 38 ; for the offences described in Forms No. 26, 27] ; Dis- 
 tress Warrant, &c. No. 53 (^N. 1) 58, ante, pp. 5052. 
 
 ASSAULT. 
 
 1. Common Assault or Battery. (9 Geo. 4, c. 31, s. 27.)] unlawfully jj offence 
 assault and beat [or assault only'] one [or the said] C. D., contrary, &c. 
 
 2. Certificate of Dismissal of Complaint."] This would be as the general 
 form No. 32 (M.), ante, p. 34, but in the plural number, and adding at 
 
 the conclusion: as we deemed the offence not proved, [or we found the 
 assault and battery to have been justified, or we found the assault to 
 have been so trifling as not to merit any punishment.] 
 
 3. General Form to be used in enforcing the. Conviction. (No. 40, 
 (I. 2), ante, p. 39] ; Commitment, Form No. 52, (O. 1), ante, p. 49.
 
 78 Summary Convictions and Orders. [PART i. 
 
 Oke'sSynop. 4. To prevent Seamen, SfC. from Working. (Id. s. 26.)] unlawfully 
 2nd ed. p. 84. and with force hinder one [or the said] C. D., a seaman, [or keelman, as 
 Id.Offences2,3. the case may be,"] 
 
 [or unlawfully beat one C. D. a seaman, &c. with intent thereby then 
 
 and there to deter and hinder him the said C. D. 
 from working at or exercising his said lawful trade, business, and 
 
 occupation of seaman [or as the case may be] as aforesaid,] 
 contrary, &c. 
 
 Id. Offence 4. 5. To prevent Sale of Corn, fyc. (Id.)] unlawfully beat one [or the 
 said] C. D., with intent thereby then and there to deter and hinder him 
 the said C. D. from selling [or buying] certain wheat in the market of 
 , in the said county, contrary, &c. 
 
 Id. Offence 5. 6. To stop Conveyance of Corn, fyc. (Id.)] unlawfully beat one [or 
 the said] C. D., he the said C. D. then and there having the care and 
 
 charge of certain wheat whilst on its way to the market town of , in 
 
 the county aforesaid, with intent thereby then and there to stop the con- 
 veyance of the said wheat, contrary, &c. 
 
 7. General Forms to be used in enforcing the Convictions.] No. 41, 
 (1.3), ante, p. 39, described in Forms Nos. 4, 5, and 6; Commitment, 
 No. 48 (P.), ante, p. 46, and for Costs, No. 4951, ante, p. 4648. 
 
 Id. Offence 6. 8. Assault on Board a Ship. (7 & 8 Viet. c. 112, s. 44.)] On &c. at 
 , in the kingdom of , did unlawfully assault and beat [or as- 
 sault only] one [or the said] C. D., the said C. D. then and there being on 
 board a certain ship belonging to one E. F., a subject of her Majesty, and 
 
 now arrived [or touched] at the port of , in the territory of , 
 
 near which I the said justice reside, contrary, &c. 
 
 9. General Form to be used in enforcing the Conviction. (No. 40 (I. 2), 
 ante, p. 39] ; Commitment, No. 52 (O. 1), ante, p. 49. 
 
 BEERHOUSES. 
 
 I. Offences against the Licence. 
 II. Offences as to Hours. 
 
 III. Other Offences. 
 
 IV. Proceedings against Sureties of Beerhouse Keeper. 
 
 V. Proceedings on Appeal against Conviction for a Third Offence. 
 
 I. OFFENCES AGAINST THE LICENCE. 
 
 P- 86. 1. For mixing Drugs, Sfc. in Beer, Sfc. (1 Will. 4, c. 64, s. 13.)] 
 
 Offence 1. being then and there a beerhouse keeper, and duly licensed to sell beer, 
 
 ale and porter by retail [not] to be drunk and consumed in his house and 
 
 premises there situate, under the provisions of the statutes in that case 
 
 made and provided,* was then and there guilty of disorderly conduct : 
 
 [or did transgress and neglect, or was a party in transgressing and 
 
 neglecting, or did allow to be transgressed and neglected, the 
 
 conditions and provisions specified in the said licence of the 
 
 said house and premises] : 
 
 for that he the said A. B. did then and there* mix [or cause to be
 
 CHAP, ii.] BEERHOUSES. 79 
 
 mixed] a certain drug [or pernicious ingredient!, to wit in certain Oke's Synop. 
 
 beer [or ale, porter, cyder or perry], then and there being in a certain 2nd ed. p. 86. 
 cask in the said house and premises so licensed as aforesaid, against the 
 tenor of his said licence, and contrary to the form of the statute in such 
 case made and provided. 
 
 N.B. In describing the place of committing the offence, show it to 
 be " within the division of ." 
 
 2. Diluting or adulterating Liquor. (Id.)] Proceed as No. 1, supra, Id. Offence 2. 
 to the second asterisk*, and then thus: fraudulently dilute [or deteriorate, 
 
 or adulterate] with water [or as the case may be,] certain beer [or ale, 
 porter, cyder, or perry], to wit, one gallon of beer, against, &c. [conclude 
 as form No. 1.] 
 
 3. Selling adulterated Liquor. (Id.)] Proceed as No. 1, supra, to the Id. Offence 3. 
 second asterisk *, and then : sell to one E. F. certain beer [or as the case 
 
 may be], to wit, one gallon of beer, which had been theretofore fraudu- 
 lently diluted [or deteriorated, or adulterated,] by some person unknown 
 [or by the said A. B.], mixing therewith a certain quantity of a certain 
 
 drug [or as the case may be], to wit, a quart of , he the said A. B. 
 
 then and there well knowing that the said beer had been so fraudulently 
 diluted [or as the case may be], against, &c. 
 
 4. Not using Standard Measure. (Id.)] Proceed as in form No. 1 to Id. Offence 4. 
 the second asterisk *, and then:] in selling to one E. F. a certain quantity 
 
 of beer, to wit, one gallon, use a certain measure as a gallon which was 
 not then and there of the legal standard, but, on the contrary, was then 
 and there less, to wit, one pint less than the legal standard, against, &c. 
 
 5. Permitting Drunkenness. (Id.)] Proceed as inform No. 1 to the Id - Offence 5. 
 second asterisk *, and then describe offence as in Jorm No. 4, tit. Ale- 
 houses, ante, p. 66. 
 
 6. Permitting disorderly Conduct. (Id.)] Proceed as inform No. 1 
 to the second asterisk*, and then describe offence as inform No. 5, tit. 
 Alehouses, ante, 67. 
 
 7. Suffering unlawful Games. (Id.)] Proceed to the second asterisk * Id. Offence 6. 
 in No. 1, supra, and then describe the offence as inform No. 6, tit. Ale- 
 houses, ante, p. 67. 
 
 8. Suffering Gaming. (Id.)] Proceed to the second asterisk* in No. 1, 
 supra, and then describe offence as inform No. 7, tit. Alehouses, ante, p. 
 67. 
 
 9. Permitting Persons of notoriously bad Character to assemble. (Id.)] Id. Offence 7. 
 Proceed to the second asterisk* in No. 1, and then describe offence as 
 
 in No. 8, tit. Alehouses, ante, p. 67. 
 
 10. Not maintaining good order. (Id.)] Proceed to the second aste- Id p. 88. 
 risk* in No. 1, and then describe the offence as in either of the forms No. Offence 8. 
 1 1 and 15, tit. Alehouses, ante, pp. 67, 68. 
 
 11. Summons to Defendant.] This would be in the usual form No. 8 
 (A), ante, p. 26. By sect. 10 of 4 & 5 Will. 4, c. 85, the justice may re- 
 quire the party to produce his licence for the aforegoing offences : there 
 might be added at the end of the summons these words : " And have you
 
 80 Summary Convictions and Orders. [PART I. 
 
 Oke's Synop. then and there your said licence to be by you produced at the hearing of the 
 2nd ed. said information." 
 
 12. Forms 1o be used in enforcing the Conviction.'] No. 39 (1. 1), ante, 
 p. 38; Distress Warrant, $c. No. 53 (N. 1) 58, ante, pp. 5052, to be 
 issued after seven days from conviction. The conviction should show it to 
 have taken place before the justices " acting in petty sessions in and for 
 
 the division of , in the same county;" and if a second or third 
 
 offence, the averment of the previous conviction, as shown in the general 
 consolidated form, No. 42, ante, p. 40. 
 
 13. Adjudication disqualifying Offender from selling Beer, fyc.for Two 
 Years, on conviction for a Third offence. (1 Will. 4, c. 64, s. 13.)] 
 Proceed in the usual manner in the conviction No. 39 (I. 1), ante, p. 38, 
 with the adjudication of the penalty and its recovery, then add: And we the 
 said justices do hereby further adjudge that the said A. B. shall be dis- 
 qualified from selling beer, ale, porter, cyder and perry by retail, for the 
 space of two years next ensuing the date hereof. \_lf the justices think fit] : 
 And also we do hereby further adjudge that no beer, &c. shall be sold by 
 retail by any person or persons whomsoever in the house an;l premises 
 mentioned in the said licence of the said A. B. 
 
 Id. Offence 12. 
 p. 88. 
 
 Id. 
 
 Id. 
 
 Id. 
 
 II. OFFENCES AS TO HOURS. 
 
 14. Keeping open after Eleven o'clock at Night within the Bills of 
 Mortality. (3 & 4 Viet. c. 61, s. 15.)] Proceed to the. first asterisk * in 
 form No. 1, ante, p. 78, and then thus: did keep open his said house 
 and premises so licensed as aforesaid for the sale of beer after the hour 
 
 of eleven of the clock at night, to wit, at o'clock at night, in the said 
 
 parish of , and the said house and premises not being within the 
 
 cities of London or Westminster, or within the boundaries of any of the 
 boroughs of Marylebone, Finsbury, the Tower Hamlets, Lambeth or 
 Southwark, as defined by the statute in that behalf*, but being within 
 the bills of mortality, against, &c. 
 
 15. The like, within a Town Corporate or Place containing a Population 
 exceeding 2500. (Id.)] Proceed to the first asterisk* inform No. 1, 
 ante, p. 78, then to the second asterisk* in form No. 14, supra, and then 
 thus: but being within the town corporate [or city, cinque port, or 
 parish] of , the population of which, according to the last parlia- 
 mentary census, exceeds two thousand five hundred persons, against, &c. 
 
 16. The like, within a country parish containing a Population exceed- 
 ing 2500. (Id.)'] Proceed to the first asterisk * inform No. 1, ante, p. 
 78, then to the second asterisk* inform No. 14, supra, and then thus: 
 but the said parish of , having a population, according to the last par- 
 liamentary census, exceeding two thousand five hundred persons, against, 
 &c. 
 
 17. The like, within a Mile from a Polling Place for a Town having 
 2500 Inhabitants. (Id.)] Proceed to the first asterisk* in F arm No. 1, 
 ante p. 78, then to the second asterisk * in Form No. 14, supra, and then 
 thus: but the said house and parish being within one mile, measured 
 as directed by the statute in such case made and provided, from a certain 
 
 polling place, to wit, , used at the last election for the [town] of , 
 
 the same [town] having a population which, according to the last par-
 
 CHAP, ii.] BEERHOUSES. 81 
 
 liamentary census, exceeding 2500 persons, and returning a member [or Oke's Synop. 
 members] to serve in parliament, against, &c. 2nd ed. p. 88. 
 
 18. Keeping open after Ten o'Clockat Night in other Places. (Id.)] Pro- Offence 13. 
 ceed to the first asterisk * in Form No. 1, ante, p. 78, and then : did keep 
 
 open his said house and premises, so licensed as aforesaid for the sale of 
 
 beer, after the hour of ten o'clock at night, to wit, at o'clock at night, 
 
 the said parish of , and the said house and premises not being 
 
 within the cities of London or Westminster, or within the boundaries of 
 any of the boroughs of Marylebone, Finsbury, the Tower Hamlets, Lam- 
 beth or Southwark, as defined by the statute in that behalf, and not being 
 within the bills of mortality, and the said house of the said A. B. not 
 being within any city, cinque port, town corporate, parish or place, the 
 population of which, according to the last parliamentary census, exceeds 
 2500 persons, and not being within one mile, measured as directed by the 
 statute in such case made and provided, from any polling place used at 
 the last election for any town having the like population, and returning 
 a member [or members] to serve in parliament, against, &c. 
 
 19. Selling or retailing Beer during the Times mentioned in Forms 
 No. 14 to 18, supra. (Id.)] Proceed to the first asterisk * in Form 
 No. 1, ante, p. 78 : did sell to one E. F. a certain quantity of beer [or as 
 the case may be~\, to wit, one quart, after [or before] the hour, &c. 
 [conclude as either of those forms, or Form No. 20, infra7\ 
 
 20. Keeping open before Five o' Clock in the Morning. (Id.)] Pro- 
 ceed to the first asterisk* in the Form No. 1, ante, p. 78, and then : did 
 keep open his said house and premises, so licensed as aforesaid for the sale 
 
 of beer, before the hour of five o'clock in the morning, to wit, at 
 
 o'clock, against, &c. 
 
 21. Keeping open during the Time Alehouses closed (i. e. now the After- jj^ Offence 14. 
 noon Divine Service.) (Id.)] Proceed to the first asterisk * in Form- 
 No. 1, ante, p. 78, and then describe the offence as in Form No. 9, tit. 
 Alehouses, ante, 67. 
 
 22. Opening House or selling before Half-past Twelve o'Clock on i<j. Offence 16. 
 Sunday Morning; or opening Jor the Sale of any other Articles; or 
 
 refusing to admit or not admitting the Constable. (11 & 12 Viet. c. 49, 
 ss. 1, 3, 5.)] Proceed in each case to the first asterisk * in Form No. 1, 
 ante, p. 78, and then describe the offence as in either of the Forms No. 19, 
 20, 21, 22, tit. Alehouses, ante, p. 69. 
 
 III. OTHER OFFENCES. 
 
 23. Selling without Licence. (3 & 4 Viet. c. 61, s. 13.)] did, in a jj. Offence 17 
 certain house and premises there situate, sell and retail a certain quantity or 18. 
 
 of beer [or cider], to wit, one pint of beer, to E. F. [or to a person 
 unknown] [not] to be consumed in or upon the said house and premises, 
 the said A. B. not then and there having an excise retail licence in force 
 authorizing him so to do, contrary, &c. 
 
 24. Not having a descriptive Board over Door. (1 Will. 4, c. 64, s. 6; U. Offence 19, 
 and 4 & 5 Will. 4, c. 85, s. 18.)] Proceed to the first asterisk * in Form p . 90. 
 
 No. 1, ante, p. 78, and then: did not then and there, and whilst he con- 
 tinued so licensed as aforesaid, cause to be painted [and preserved and 
 
 G
 
 82 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. kept] in letters three inches at least in length, in white upon a hlack 
 
 2nd ed. p. 90, ground, or in black upon a white ground, publicly visible and legible, 
 
 Offence 19. upon a board placed over the door of the house or premises of the said 
 
 A. B., in which he the said A. B. was then licensed to sell beer by retail, 
 
 the Christian and surname of the said A. B., together with the words 
 
 " licensed to sell beer and cider by retail [not] to be drunk on the 
 
 premises," contrary, &c. 
 
 Id. Offence 20. 25. Overseer refusing to grant Certificate of rating, fyc. (3 & 4 Viet. 
 c. 61, s. 5.)] being then one of the overseers of the poor of the said 
 
 parish of * 
 
 did then and there refuse to grant to the said C. D. a certificate in writing, 
 as required by the statute in that behalf made and provided,* of the 
 
 rating or assessment of a certain house and premises at , in the 
 
 parish of aforesaid, occupied by the said C. D., and rated to the 
 
 poor's rate of the said parish in the last sum or rate made and allowed in 
 the said parish, on the same being then and there demanded by the said 
 C. D., contrary, &c. 
 
 26, The like, of newly-erected Houses. (Id.)] Proceed to the second 
 asterisk* in Form No. 25, and then : of the said C- D. having claimed to 
 
 be rated in respect of a newly-erected house and premises at , in the 
 
 parish of aforesaid, occupied by the said C. D., and not yet rated 
 
 to the poor's rate of the said parish, on the same being then and there 
 demanded by the said C. D., contrary, &c. 
 
 Id. Offence 21. 27. Overseer falsely certify ing Home to be rated. (Id.)] Proceed to the 
 first asterisk* in Form No. 25, and then : did then and there certify in 
 writing that a certain house, to wit, a house occupied by one E. F., at 
 
 , in the parish of aforesaid, to be rated to the poor's rates of the 
 
 said parish, according to the last sum or rate made and allowed in the said 
 parish [or township, &c.] for the relief of the poor, whereas the said 
 certificate was and is false and contrary to the fact, for that he the said 
 E. F. was or is not so rated as in the said certificate alleged, con- 
 trary, &c. 
 
 Id. Offence 22. 28. Overseer or other Person falsely certifying a Person to be resident. 
 (Id.)] being then one of the overseers of the poor of the said parish 
 
 [or township] of 
 
 [or an inhabitant householder of a certain extra-parochial place, 
 
 called , situate in the parish of aforesaid], 
 
 did then and there* certify in writing that one E. F., of the parish of 
 
 aforesaid, was the real resident holder and occupier of a certain 
 
 house and premises in the same parish sought to be licensed as a beer- 
 house under the provisions of the statutes in that behalf; whereas the said 
 certificate was and is false and contrary to the fact, for that he the said 
 E. F. is not, nor was he, the real resident holder or occupier of the said 
 house, but that one M. N. is and was, on the day and year last aforesaid, 
 the real resident holder and occupier thereof, contrary, &c. 
 
 Id. Offence 23. 29. The like, of Rent, or Annual Value. (Id.)] Proceed as in Form 
 No. 28, supra, to the asterisk*, and then : certify in writing that the true 
 rent or annual value at which [or the rent paid for, or the annual 
 value of] a certain dwelling-house and premises was [or intended to be 
 rated] then and there rated in one rating to the poor's rates, according to 
 
 the last sum or rate made and allowed in the said parish of for the 
 
 relief of the poor, was the sum of , whereas the said certificate is
 
 CHAP II.] 
 
 BEERHOUSES. 
 
 83 
 
 false, for that the said house and premises are not rated as aforesaid in a Oke's Synop. 
 
 larger sum than the sum of [or the rent paid for the same is the 2nd ed. p. 90, 
 
 sum of, or that the annual value of the same is the sum of ], Offence 23. 
 
 contrary, &c. 
 
 30. The like, granting any Certificate false in any other respect. Id. Offence 24. 
 (Id.)] Proceed to the asterisk* in Form No. 28, supra, and then: grant 
 
 a certificate in writing, certifying that [as it may be], whereas the said 
 certificate was and is wilfully false, for that [here negative the statement in 
 the certificate], contrary, &c. 
 
 31. Forging a Certificate. (Id. s. 6.)] did, for the purpose of ob- 
 taining for himself [or enabling one E. F. to obtain] a licence to retail 
 beer or cider,* forge [or counterfeit] a certain certificate required under 
 the provisions of the statute in that behalf made and provided, to wit, a 
 certificate in the words and figures following, that is to say [copy forged 
 certificate verbatim], contrary, &c. 
 
 32. Producing or making use of forged Certificate. (Id.)]. Pro- 
 ceed to the asterisk* in Form No. 31, and then : produce [or make use 
 of] to one F. G., an officer of inland revenue, a certain certificate re- 
 quired under the provisions of the statute in that behalf made and pro- 
 vided, to wit, a certificate in the words and figures following, that is to 
 say, [copy forged certificate verbatim'], the said A. B. then and there well 
 knowing the same to be forged or counterfeit [or the matters certified 
 
 therein to be false, o;- one of the matters certified therein, to wit , 
 
 to be false], contrary, &c. 
 
 33. Adjudication of Forfeiture of Licence granted upon forged Certifi- Form No. 39 
 cate upon Convictionfor Offences described in Forms No. 31, 32, supra. (I. 1), ante, 
 (Id.)] Proceed in the usual form of adjudication in conviction, adding p. 38. 
 thereto : and that the licence obtained by the said A. B. on the said 
 certificate be void ; and we the said justices do hereby, in pursuance of 
 
 the statute in that case made and provided, adjudge and declare the 
 same to be void accordingly. 
 
 34. Notice to the Excise, or Inland Revenue Officer, of such Conviction 
 and Adjudication. (3 & 4 Viet. c. 61, i. 17.) 
 
 To the collector of excise [or inland revenue] at . 
 
 We, the undersigned, the clerks to her Majesty's justices of the peace 
 
 acting in and for the division of N. in the [county] of , do hereby, 
 
 in pursuance of the statute in such case made and provided, give you 
 notice that A. B., of, &c., has been this day duly convicted by them, for 
 
 that he the said A. B. did on the day of [state the offence], 
 
 and that the said justices thereupon adjudged and declared the licence 
 obtained by means of the said forged certificate to be forfeited and void. 
 
 Dated at N. this day of , one thousand eight hundred and 
 
 fifty. 
 
 I. G. and B., Clerks to the Justices. 
 
 35. Permitting Wine or Spirits, fyc. to be brought into House. (4 & 5 Qke's Svnoo 
 Will. 4, c. 85, s. 16 ; see also 3 & 4 Viet. c. 61, s. 10).] Proceed to the 2nd ed. p. 90, 
 first asterisk* in the Form No. 1, ante, p. 78, and then: did then and Offence 25. 
 there permit [or suffer] certain wine [or spirits, &c.], to wit, one bottle 
 
 o2
 
 g4 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. of port wine [or as the case may be] to be brought into his said house 
 2nd ed. p. 90. and premises to be drunk [or consumed] there, contrary, &c. 
 
 Id. Offence 26. 36. Suffering Wine, SfC. to be drunk in House. (Id.)] Proceed to 
 the first asterisk* in Form No. 1, ante, p. 78, and then .-did then and 
 there suffer certain wine [or spirits, &c.] to wit, one bottle of port wine 
 [or as the case niuy be~\ to be drunk [or consumed] in his said house and 
 premises by one E. F. [or by a person unknown], contrary, &c. 
 
 Id. Offence 27. 37. Selling by other than Standard Measure. (4 & 5 Will. 4. c. 85, 
 s. 12.)] This can be easily drawn from Form No. 4, ante, p. 79. 
 
 Id. Offence 28. 38. Not producing Licence to Justice when required. (Id. s. 10.)] Pro- 
 ceed to the first asterisk* in Form No. 1, ante, p. 78, and then thus : did 
 then and there wilfully refuse [or neglect] to produce, and did not 
 then and there produce, his said licence before J. S. and J. P., Esquires, 
 two of her Majesty's justices of the peace in and for the said [county~\ of 
 
 for their examination on a certain complaint laid before them against 
 
 the said A. B. for an offence against the tenor of his said licence, to wit, 
 [here describe the offence'], although the said A. B. was then and there 
 required by the said justices so to do, contrary, &c. 
 
 Id. Offence 29. 39. Selling Beer, $c. made otherwise than from Malt and Hops. 
 (1 Will. 4, c. 64, s. 13.)] Proceed to the first asterisk* in Form No. 1, 
 ante, p. 78, and then thus: did then and there knowingly sell to one E. F. 
 one gallon of ale, which was then and there made otherwise than from 
 
 malt and hops, to wit, from , he the said A. B. then and there well 
 
 knowing the said ale to be so made from as aforesaid, contrary, &c. 
 
 Id. Offences 40. Mixing, $c. Drugs, &>c. in Beer sold. (Id.)] . Proceed to the first 
 
 30, 3J. asterisk* in Form No. 1, ante, p. 78, and then thus : did then and there 
 
 mix [or cause to be mixed] three ounces of a certain drug [or pernicious 
 
 ingredient] called , with the ale in a certain cask in his said house 
 
 and premises, one gallon of which said ale the said A.B. afterwards, to 
 wit, on the day of , then and there in his said house and pre- 
 mises did sell to one E. F., contrary, &c. 
 
 Id. Offences 41. Fraudulently diluting or adulterating Beer. (Id.)] Proceed to 
 
 32, 33. the first asterisk* in Form No. 1, ante, p. 78, and then thus: did then 
 
 and there fraudulently dilute [or adulterate] certain ale in a certain cask 
 in his said house and premises, by then and there mixing a certain quan- 
 tity, to wit, one gallon of water therewith, one gallon of which said ale 
 the said A. B. afterwards, to wit, on the day and year last aforesaid, then 
 and there in his said house and premises did sell to one E. F , contrary, &c. 
 
 42. Adjudication on a second Offence, described in Forms Nos. 39, 40, 
 41, supra, disqualifying for Two Years. (Id.)] This will be the 
 same as the first portion of Form No. 13, ante, p. 80, omitting the word 
 further. 
 
 Id. Offence 34, 43. Person convicted of either of the Offences described in the Forms 
 p. 92. Nos. 39, 40, 41, supra, and disqualified from selling, selling in any Place. 
 
 (Id.)] having been theretofore A, to wit, on the day of , 
 
 in the year of our Lord , duly convicted before J.S. and J. P., 
 
 Esquires, two of her Majesty's justices of the peace in and for the said 
 [county] of , of a certain offence, to wit \_here describe the offence
 
 CHAP, ii.] BEERHOUSES. 85 
 
 as tn either of the Forms Nos. 39, 40, 4J, as the case may be, as for a Oke's Synop. 
 second offence, and then thus : and the said justices did thereby adjudge 2nd ed. p. 92, 
 that the said A. B. for his said second offence should be disqualified from Offence 34. 
 selling beer, ale or porter by retail for the term of two years next ensuing 
 
 such conviction B. did on the day of aforesaid, at the parish of 
 
 aforesaid, and during the said term of two years, sell to one E. F. 
 
 [or to a person unknown] in the house and premises mentioned in the 
 said licence of the said A. B. as aforesaid, 
 
 [or in a certain house situate at , in the parish of , afore- 
 said], 
 certain ale, to wit, one quart of ale, by retail, contrary, &c. 
 
 44. Other Person selling on Premises during Period disqualified. Id. Offence 35. 
 (Id.)] and during the term of two years hereinafter mentioned sell to 
 
 one E. F. [or to some person unknown] certain ale, to wit, one quart of 
 
 ale by retail, on the premises of one M. N. at , in the parish of 
 
 aforesaid, who had been theretofore [here insert the, matter between the A 
 and B in the Form No. 43, supra, and then proceed:] he the said A. B. 
 well knowing that he the said M.N. was so convicted as aforesaid, and 
 that it was not lawful to sell ale as aforesaid, contrary, &c. 
 
 45. Selling after having been convicted of Felony and thereby disquali- 
 fied, or of selling Spirits without Licence. (3 & 4 Viet. c. 61, s. 7.)] 
 
 having been theretofore, to wit, on the day of , in the year 
 
 of our Lord *, at the general quarter sessions of the peace holden at 
 
 , in and for the said [county'] of , lawfully convicted of felony, 
 
 to wit, [here describe the offence as in the clerk of the peace's certificate], 
 
 [or, from the asterisk *, duly convicted before J. S. and J. P. Esquires, 
 two of her Majesty's justices of the peace in and for the 
 
 [county] of , of a certain offence, to wit, [here describe the 
 
 offence of selling spirits without licence as in the previous con- 
 viction, then thus :] and thereby for ever thereafter disqualified 
 by virtue of the statute in such case made and provided from 
 selling beer and cider by retail,] 
 
 did on the day and year first aforesaid, to wit, on the day of , 
 
 at the parish of aforesaid, sell to one E. F. [or to a person un- 
 known,] in a certain house and premises of him the said A. B. there 
 situate, certain beer, to wit, one quart of beer by retail, contrary, &c. 
 
 As to harbouring county police constables, and as to soldiers' billets, see 
 Forms No. 16, 17, 18, ante, p. 68, 69, tit. Alehouses. 
 
 46. Forms to be used in enforcing the Conviction, (No. 39 (1. 1), ante, 
 p. 38, in either of the foregoing Cases.] Same as No. 12, ante, p. 80. 
 
 IV. PROCEEDINGS AGAINST SURETIES OF BEERHOUSE KEEPER. 
 
 47. Information to ground Summons to Sureties to show cause why the 
 Penalty in Bond should not be paid to satisfy Penalty on Conviction. 
 
 (1 Will. 4, c. 64, s. 19.)J that on the day of , in the year of 
 
 our Lord , a certain excise licence was granted to A. B., of the 
 
 parish of , in the county of , to sell beer, ale and porter by 
 
 retail, at the parish of aforesaid, and that at the time of receiving 
 
 such licence as aforesaid by the said A. B., together with E. F. and F. G., 
 both of the parish of aforesaid, as his sureties, did enter into a cer- 
 tain bond to the commissioners of excise [or of inland revenue,] in
 
 Summary Convictions and Orders. [PART i. 
 
 the penal sum of , conditioned for the payment by the said A. B., or 
 
 by the said E. F. and F. G. as his sureties as aforesaid, of any penalty 
 or sum of money, not exceeding the sum aforesaid, which should be in- 
 curred for any offence against a certain act of parliament, intituled " An 
 Act to permit the general Sale of Beer and Cider by Retail in England," 
 by the said A. B., or for the said sum of pounds, in case such pe- 
 nalty should exceed the said sum ; that more than one calendar month 
 
 now last past, to wit, on the day of last, at a petty session ot 
 
 her Majesty's justices of the peace in and for the division of N., in the 
 county of , the said A. B. was duly convicted before us the said jus- 
 tices, for that he the said A. B. on the day of , at the parish of 
 
 aforesaid, did [here describe the offence and adjudication as in the 
 
 conviction] ; and that he the said A. B. hath not as yet paid the said 
 penalty of , or any part thereof. 
 
 48. Summons to the Sureties. (Id.)] This would be in the usual 
 general Form, No. 8 (A.), ante, p. 26, adding at the conclusion, instead 
 of and to be further dealt with according to law, these words, "and to 
 show cause why the penalty mentioned in the said bond should not 
 be paid by you the said E. F. and F. G., or so much thereof as should 
 be sufficient to pay the penalty so incurred by the said A. B. as afore- 
 said."] 
 
 49. Order and Adjudication upon Sureties for the Penalty. (Id.)] 
 Proceed as in the Form of order No. 44 (K.I), ante, p. 42, to the end of 
 recital of complaint (47, supra~), then, on non-appearance, recite the service 
 of summons, to answer the said complaint and to show cause why [4~c. as 
 in summons 48, supra ; then the adjudication of the sum within fourteen 
 days from the date hereof, and the distress in default, 4'C. 
 
 50. Forms of enforcing the Order, No. 49.] Distress Warrant, Sfc. 
 No. 66 (N.2)fo 71, ante, p. 5759. 
 
 V. PROCEEDINGS ON APPEAL AGAINST CONVICTION FOR A THIRD 
 OFFENCE. 
 
 51. Recognizance of Constable or Peace Officer to give Evidence at 
 Quarter Sessions, and Notice, (1 Will. 4, c. 64, s. 16); or to prosecute 
 under, s. 18.)] These may be easily drawn from the Forms No. 27, 
 ante, p. 70, or No. 32, ante, p. 72. 
 
 BREAD AND FLOUR. 
 
 J ke> ^ n- 2nd For / en s beyond the Bills of Mortality, and Ten Miles of the Royal 
 p 92 " lf Exchange. (6 & 7 Will. 4, c. 37). 
 
 1. Selling,fyc. Bread not marked. (Id. a. 20.)] being then and there 
 a baker, beyond the weekly bills of mortality, and ten miles of the Royal 
 Exchange,* did expose for sale [or make, or sell] certain bread, to wit, 
 two loaves of bread of the weight of eight pounds, made partly of rye 
 meal [or peas, or beans,] the said loaves, and each and every of them 
 not being then and there marked with the letter M., contrary to the 
 form of the statute in such case made and provided, 
 
 [or as in the information given by s. 19 of the statute, contrary to
 
 CHAP, ii.] BREAD AND FLOUR. 87 
 
 the statute made in the seventh year of King William the Oke's Synop. 
 Fourth, intituled " An Act to repeal the several Acts now in 2nd ed. p. 92, 
 force relating to Bread to be sold out of the City of London Offence 1. 
 and the Liberties thereof, and beyond the Weekly Bills of Mor- 
 tality and Ten Miles of the Royal Exchange ; and to provide 
 other Regulations for the Making and Sale of Bread, and for 
 preventing the Adulteration of Meal, Flour and Bread, beyond 
 the limits aforesaid."] 
 
 2. Special Adjudication in Conviction, (No. 39 (I. l),ante, p. 38. (Id.)] 
 
 the sum of per pound weight of the said bread, being in the 
 
 whole the sum of . 
 
 3. Adulterating Bread. (Id. s. 8.)] Proceed to the asterisk* in Form Id. Offence 2. 
 No. 1, supra, then thus: did, in the making of certain bread for sale 
 
 beyond the said limits, use a certain mixture [or ingredient], to wit, 
 , in the making of such bread, contrary, &c. [as Form No. 1 .] 
 
 4. Adulterating Flour, <<. (Id. s. 9.)] Proceed to the asterisk * in Id. Offence 3, 
 Form No. 1, supra, then thus : did put into certain corn [meal or flour], p. 94. 
 
 to wit, wheat, then and there being ground [or dressed, bolted or manu- 
 factured] for sale, a certain ingredient [or mixture], to wit, , not 
 
 being the real and genuine produce of the corn [or grain] so ground, 
 contrary, &c. [as No. 1.] 
 
 5. Selling, Sfc. Flour, fyc. adulterated, or one sort for another. (Id. Id. Offences 4, 
 s. 9.)] Proceed to the asterisk * in Form No. 1, supra, then thus: did 5. 
 knowingly sell to one E. F. 
 
 [or offer or expose for sale in his shop there], 
 
 certain meal [or flour],* to wit, ten pounds weight of rye as and for the 
 meal [or flour] of wheat, he the said A. B. then and there well knowing 
 that the said meal [or flour] was not the meal of wheat, contrary, &c. 
 las No. 1.] 
 
 [or from the second asterisk *, with a certain ingredient called 
 mixed therewith, contrary, &c.] 
 
 6. Information to ground Search Warraat for adulterated Bread or 
 Flour. (Id. s. 11.)] that he the said C. D. hath reasonable cause to sus- 
 pect and doth suspect that A. B. of, &c., miller [or mealman, or baker] 
 hath in his house [or mill, shop, stall, &c., as the case may be] situate at 
 , in the parish of aforesaid, beyond the weekly bills of mor- 
 tality, and ten miles of the Royal Exchange, certain meal [or flour, or 
 
 dough, or bread] wherewith certain mixture [or ingredient] called , 
 
 and not allowed by law, hath been mixed up or put into, 
 
 [or a certain mixture [or ingredient] called , intended to be used 
 
 in or for adulterating meal [or flour, dough, or bread,] ] 
 contrary, &c. [as No. 1.] 
 
 7. Search Warrant thereon."] Proceed in the usual Form (No. 11 of 
 Chap. I. Indictable Offences) by reciting the Information, No. 6, and then 
 thus : These are therefore to command you in her Majesty's name, at a 
 
 reasonable time in the day time, on the day of instant, to 
 
 enter into the house [or mill, or as the case may be~\ of the said A. B., 
 situated at aforesaid, and to search and examine whether any mix- 
 ture or ingredient, not the genuine produce of the grain, the meal or 
 flour there shall import or ought to be, shall have been mixed up with
 
 88 Summary Convictions and Orders. [PART i. 
 
 or put into any meal or flour in the possession of the said A. B., either 
 in the grinding of any grain at the mill, or in the dressing, bolting 
 or manufacturing thereof, whereby the purity of any meal or flour is or 
 shall be in anywise adulterated, or whether any mixture or ingredient 
 other than is allowed by law shall have been mixed up with or put into 
 any dough or bread in the possession of the said A. B., whereby any such 
 dough or bread is or shall be in anywise adulterated ; and also to search 
 for any mixture or ingredient which may be intended to be used in or for 
 any such adulteration or mixture ; and if any such be found, then that 
 you seize the same, and with all convenient speed thereafter carry and 
 bring the same before me, or to the nearest justice of the peace within the 
 limits aforesaid, to be disposed of as he in his discretion shall think 
 
 proper. Given under my hand and seal, this day of , in the 
 
 year of our Lord , at aforesaid. 
 
 J. S. (L. s.) 
 
 Oke's Syn. 2nd 8. Having Ingredient for adulterating. (Id. s. 12.)] Proceed to the 
 ed. Offence 6, asterisk * in Form No. 1, ante, p. 86, and then thus: did have in his 
 
 p. 94. bakehouse [or as the case may be] there a certain ingredient called , 
 
 and which, after due examination, I hereby adjudge to have been deposited 
 there for the purpose of being used in adulterating bread [or flour, meal 
 or dough] contrary, &c. [as No. 1, ante, p. 86.] 
 
 9. Advertisement of Offender's Name for Newspaper. (Id.)] 
 
 ADULTERATED FLOUR. 
 
 Notice is hereby given, pursuant to the statute in that case made and 
 
 provided, that on the day of instant, A. B., of No. , in 
 
 Street, in the town of , in this county, baker, was duly con- 
 victed before one of her Majesty's justices of the peace for the said 
 [county] of having in his bakehouse [or as the case may be~\ there a 
 
 certain ingredient called , and which, after due examination, was 
 
 adjudged to have been deposited there for the purpose of being used in 
 adulterating bread [or as the case may be~], contrary, &c. [as No. 1, ante, 
 p. 86.] 
 
 I. G. and B., 
 Clerks to the Justices. 
 
 %* This advertisement may be easily adapted to a conviction upon 
 Form No. 3. 
 
 10. Obstructing the Search for adulterated Flour, fyc. (Id. s. 13.)] 
 Proceed to the asterisk* in Form No. 1, ante, p. 86, if the offender be the 
 party whose premises are searched ; if otherwise, then thus* :] did obstruct 
 and hinder [oppose or resist] one C. D. in making search in the bake- 
 house of [him the said] A. B. [of &c.] for mixtures and ingredients 
 other than are allowed by the statute in such case made and provided, 
 and which then and there were intended for the adulteration of bread [or 
 as the case may be, see s. 12], contrary, &c. [as No. 1, ante, p. 86.] 
 
 Id. Offence 7. 
 
 Id. Offence 8. 
 
 11. Opposing carrying away Ingredients seized. (Id.)] Proceed as 
 directed in Farm No. 10, to the sec and asterisk*, then thus: did oppose and 
 
 resist the carrying away of certain ingredients [or mixture] called , 
 
 then and there lawfully seized by one C. D., as being other than are 
 allowed by the statute in such case made and provided, and which then 
 and there were intended for the adulteration of bread [or as the case may 
 be, see s. 12], contrary, &c. [as No. 1, ante, p. 86.]
 
 CHAP, ii.] BREAD AND FLOUR. 89 
 
 12. Not selling by Weight. (Id. s. 4.)] Proceed to the asterisk * in Oke's Synop. 
 Form No. 1, ante, p. 86, then thus : did sell to one E. F. a certain loaf of 2nd ed. p. 94, 
 
 bread otherwise than by weight, to wit, for the sum of for the said Offence 9. 
 
 loaf, the said loaf not being then and there such bread as is usually sold 
 
 under the denomination of French or fancy bread, or rolls, contrary, &c. 
 las No. 1, ante, p. 86.] 
 
 13. Not using Avoirdupois Weight. (Id. s. 5.)] Proceed to the asterisk Id. Offence 10. 
 * in Form No. 1, ante, p. 86, then thus: did sell to one E. F. a certain 
 
 loaf of bread, by weight other than the avoirdupois weight of 16 oz. 
 to the pound, according to the standard in the Exchequer, to wit, by a 
 weight of 14 oz. to the pound only, contrary, &c. [as No. 1, ante, p. 86.] 
 
 14. Not producing Scale and Weights, fyc. (Id. s. 6.)] Proceed to the Id. Offence 11, 
 asterisk * in Form No. 1, ante, p. 86, then thus: did neglect to fix and 12. 
 
 did not fix or cause to be fixed in any conspicuous part of his shop there 
 on or near the counter 
 
 [or did not then and there fix in any part of his shop there] 
 any beam and scales with proper weights, or other sufficient balance, 
 
 [or did neglect to provide and keep for use, and did not provide and 
 keep for use, in his shop there a proper beam and scales, and 
 proper weights or balance,] 
 
 as required by the statute in that behalf, contrary, &c. [as No. 1, ante, 
 p. 86.J 
 
 15. Using false or incorrect Beam. (Id.)] Proceed to the asterisk * in Id. Offence 13. 
 Form No. 1, ante, p. 86, then thus : did then and there use and have in 
 
 the sale of certain flour to one E. F. a certain incorrect and false beam 
 
 [or scale, or balance], to wit, a , which on examination then duly 
 
 had was found to be and was then incorrect, contrary, &c. [as No. 1, 
 ante, p. 86.] 
 
 16. Using false Weights. (Id.)] Proceed to the asterisk* in Form No. Id. 
 1, ante, p. 86, then thus: did then and there use in the sale of five 
 loaves of bread to one E. F. a certain false weight as and for a four-pound 
 weight, which said weight was not of the weight of four pounds, accord- 
 ing to the standard in the Exchequer, but, on the contrary thereof, was 
 less, to wit, two ounces less than such weight, contrary, &c. [as Form No. 
 
 1, ante, p. 86.] 
 
 17. Delivering Bread without being providedwithScales,SfC. (Id.s. 7.)] Id. Offence 14, 
 Proceed to the asterisk* in Form No. 1, ante, p. 86, thenthus: and then 15, 16. 
 
 and there conveying and carrying out and delivering bread for sale in a 
 certain cart drawn by a horse [or mule or ass],* did not then and 
 there carry or provide, and was not then and there provided with such 
 cart a [correct] beam and scales, with proper weights, in order that the 
 bread sold might be weighed by the purchaser thereof, 
 
 [or, and which said weights were then and there deficient in their 
 due weight, according to the standard in the Exchequer, to wit, 
 
 four-pound weight, deficient by ounces,] 
 
 [or from the second asterisk*, say: did then and there refuse to 
 weigh a loaf of bread, there purchased by one E. F., in the 
 presence of the said E. F.] 
 contrary, &c. [as Form No. 1, ante, p. 86. J
 
 90 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. and ten miles of the Royal Exchange, did on the said day, being the 
 2nd ed. p. 96, Lord's Day, commonly called Sunday, and within six days from the date 
 Offences 17 hereof, 
 
 23. make [or bake] certain bread, to wit, ten loaves, 
 
 or, after half past one of the clock in the afternoon of the same day, 
 sell [or expose for sale, or permit, or suffer to be sold, or 
 exposed for sale] in his shop there, certain bread, 
 
 or [rolls or cakes] to wit, 
 
 or bake [or deliver], or permit or suffer to be baked or delivered, two 
 
 dishes of meat [or one pudding, pie, tart, &c.] 
 or, by then and there [here describe the manner in which the defend- 
 ant otherwise exercised his calling,'] 
 contrary, &c. [conclude as Form No. 1, ante, p. 86.] 
 
 Id. Offence 24, 19. Opposing Execution of Act. (Id. s. 16.)] did then and there 
 25. resist [or make forcible opposition against] one E. F., then and there em- 
 
 ployed in the due execution of the provisions of the statute made in the 
 seventh year of King William the Fourth, intituled " An Act" [here set 
 out the title as in conclusion of Form No. 1, ante, p. 86], by then and 
 there [here describe the act complained oj"\, contrary, &c. [as No. 1, ante, 
 p. 86.] 
 
 Id. Offence 26. 20. Complaint by a Master convicted, that the Penalty incurred was oc- 
 casioned by the wilful Neglect of his Journeyman. (Id. s. 13.)] Proceedto 
 the asterisk* in the General Form No. 1, ante, p. 86, and then thus: that 
 he the said C. D. was, on the day of last, charged with and con- 
 victed of the following offence, to wit, [here describe it as in the conviction 
 with the adjudication] ; that he the said C. D. hath paid the said penalty and 
 
 costs, amounting to the sum of ; that the said offence was occasioned 
 
 by [or through] the wilful act [or neglect or default] of one A. B. of , 
 
 &c., a journeyman [or servant] of the said C.D. 
 
 21. Warrant thereonJ] This will be in the usual Form, No. 11 (C.), 
 ante, p. 27, reciting the above complaint. 
 
 22. Order for the Money.'] This will be in the Form No. 45 (K. 2), 
 ante, p. 43. 
 
 23. General Forms to be used in enforcing the Convictions, (No. 39 
 (1. 1), ante, p. 38] -^Distress Warrant, $c. No. 53 (N. 1) 58, pp. 5052. 
 
 BRICKS AND TILES. 
 
 1. Making Bricks of improper Size. (17 Geo. 3, c. 42, ss. 1,2.)] did 
 make for sale 10,000 bricks, which were less than eight inches and a half 
 long [or two inches and a half thick, or four inches wide], to wit, eight 
 inches long [or two inches thick, or three inches wide] only, con- 
 trary, &c. 
 
 2. The like, Pan Tiles. (Id.)] did make for sale 8,000 pan tiles, 
 which were less than nine inches and a half wide [or half an inch thick], 
 to wit, nine inches wide [or quarter of an inch and half a quarter thick] 
 only, contrary, &c. 
 
 3. The like, other Tiles. (17 Edw. 4, c. 4.)] did make for sale
 
 CHAP, ii.] BRICKS AND TILES BYE-LAWS. 91 
 
 8,000 plain tiles, which were less than ten inches and a half long [or 
 six inches and a quarter broad, or half an inch and half a quarter thick], 
 to wit, ten inches long [or six inches broad, or half an inch thick] only, 
 contrary, &c. 
 
 [or, did make for sale 400 roof or cres tiles which were less than 
 thirteen inches long [or half an inch and half a quarter thick], 
 with convenient depth, to wit, twelve inches long [or half an 
 inch thick] only, contrary, &c. 
 
 [or, did make for sale 20 gutter and cover tiles, which were less 
 than ten inches and a half long, with convenient thickness, 
 breadth and depth, to wit, ten inches long] only, contrary, &c. 
 
 4. General Forms to be used in enforcing the Conviction, (No. 39 
 (1. 1), ante, p. 38] ; Distress Warrant, 4~c. No. 53 (N. 1) 58, ante, pp. 
 5052. 
 
 BURNING, BY SERVANTS. 
 
 1. Negligently setting Fire to a Dwelling-House. (6 Ann, c. 31, and Toone, 4th edit. 
 14 Geo. 3, c. 78, s. 84.)] then being servant to one C. D., the prosecu- p. 175. 
 
 tor, did negligently [or carelessly] fire [or cause to be fired] a certain 
 dwelling-house [or outhouse or building] there situate, in the occupation 
 of the said C. D., her master, contrary, &c. 
 
 2. General Forms to be used in enforcing the Conviction, (No. 40 (I. 2), 
 ante, p. 39], omitting the words in the adjudication of the penalty and im- 
 prisonment, " unless the said several sums, &c. shall be sooner paid." Com- 
 mitment, No. 52 (O. 1), ante, p. 49, omitting the same words as in the 
 conviction, from the adjudication, and in the direction to the keeper of the 
 gaol. 
 
 BUTTER. 
 
 1. For selling in a Tub not marked. (36 Geo. 3, c. 86, s. 1.)] then, 1 Burn's Jus. 
 being farmer and seller of butter, did pack for sale and sell to one E. F. 29th ed. p. 516. 
 a quantity of butter, of the weight, to wit, of pounds, in a tub and 
 
 vessel, whereon the Christian and surname of the said A. B. was nowhere 
 branded with iron, or otherwise marked on the outside [or as the case may 
 be}, contrary, &c. 
 
 2. General Form to be used in enforcing the Conviction, (No. 39 (1. 1), 
 ante, p. 38] ; Distress warrant, $c. No. 53 (N. 1) 58, ante, pp. 5052. 
 
 BYE-LAWS OF BOROUGHS. 
 
 1. Offending against. (5 & 6 Will. 4, c. 76, s. 90.)] did unlawfully S. Stone's Hand 
 suspend an article of dress, to wit, a shirt, over the causeway of a certain Book of Infor- 
 street there, called High Street, for the purpose of then and there drying mations, p. 24. 
 the same [or as the offence may be~\, contrary to the bye-law for the said 
 borough, in that behalf duly made at a meeting of the council of the 
 said borough, held on the day of , 18, and which said bye- 
 law was, at the time of the commission of the said offence and still is in
 
 92 Summary Convictions and Orders. [PART i. 
 
 force for the said borough, and contrary to the form of the statute in such 
 case made and provided. 
 
 2. General Forms to be used in enforcing the Conviction, (No. 39 (I. 1 ), 
 ante, p. 38.] ; Distress warrant, 4-c.'No. 53 (N. 1) 58, ante, pp. 5052. 
 
 liook, p. 28. 
 
 CHIMNEY SWEEPERS. 
 
 Oke's Syn. 2nd 1. Allowing a Person under Twenty-one to sweep (3 & 4 Viet. c. 85, 
 ed. s. 2.)] did compel [or knowingly allow] one E. F., then being a person 
 
 Offences 1, 2, under the age of twenty-one years, to wit, of the age of twelve years, to 
 P- 96- i ascend [or descend] a certain chimney of one F. G. for the purpose of 
 
 S. Stone s Hand ^hen an( j t nere sweeping [or cleaning or coring] the same [or extinguish- 
 ing fire therein], contrary, &c. 
 
 2. Making Chimney of wrong Construction. (Id. s. 6.)] then being a 
 master builder [or master workman], did then and there make and cause 
 to be made a certain chimney [or flue] in the house of one F. G. there 
 [here describe how it deviates from the regulation of the act, as with an 
 angle therein less obtuse than an angle of 120 degrees, and not bein^ a 
 chimney built at an angle with any other chimney of 90 degrees or more, 
 having therein proper doors or openings not less than six inches square], 
 contrary, &c. 
 
 3. General Forms to be used in enforcing the Convictions, (No. 39 
 (I. 1), ante, p. 38]; Distress warrant, SfC., No. 53 (N.I) 58, ante, 
 pp. 5052. 
 
 COALS. 
 
 Oke's Syn. 2nd 1- Selling Coals by Measure. (5 & 6 Will. 4, c. 63, s. 9.)] did un- 
 
 ed. p. 98. lawfully sell to one E. F. certain coals [or slack, culm or cannel,] to 
 
 wit, one bushel of coals [or as the case may be] by measure, contrary, &c. 
 
 2. General Forms as in last title, No. 3, supra. 
 
 COMBINATION. 
 
 Id. Offences 1, 1. Forcing a Workman to leave Work, fyc. (6 Geo. 4, c. 129, s. 3.)] 
 
 2, 3, 4, p. 98. did, by violence to the person [or property] of the said C. D., the 
 
 complainant, by then and there [here describe the violence,] [or did by 
 
 threats or intimidation,] that is to say, by [here state the particulars,] [or 
 
 did by molesting or obstructing the said C. D.] * 
 
 force [or endeavour to force] the said C. D., a journeyman carpenter [or 
 as the case may be,] who was then and there hired and employed by one 
 E. F., in the trade of a carpenter as aforesaid, to depart from his said 
 hiring and employment, 
 
 [or to return certain work upon which he was then and there em- 
 ployed, to wit, , before the same should be finished ; [or 
 
 from the asterisk * above] prevent [or endeavonr to prevent] 
 the said C. D., not then being hired or employed, from hiring
 
 CHAP, ii.] COMBINATION COMMONS. 93 
 
 himself to, [or from accepting work from,] one E. F. in the trade Oke's Synop. 
 
 of a carpenter] 2nd ed. p. 98, 
 
 contrary, &c. [or contrary to the act made in the sixth year of the reign Offences 14. 
 of King George the Fourth, intituled " An Act to repeal the Laws re- 
 lating to the Combination of Workmen, and to make Provisions in lieu 
 thereof."] 
 
 2. Forcing a Workman to belong to a Club, SfC. (Id.)] did use and Id. Offence 5. 
 employ violence to the person [or property] of the said C. D., the com- 
 plainant, a carpenter [or threats, or intimidation] by then and there 
 
 [here describe the violence and threats, 4"C.] 
 
 [or did molest [or obstruct] the said C. D., the complainant, a car- 
 penter, by ], 
 
 for the purpose of then and there forcing [or inducing] the said C. D. to 
 
 belong to a certain club [or association] called , [or as the case may 
 
 be, vide s. 3], contrary, &c. 
 
 3. Forcing a Master to alter his Mode of Trade, $c. (Id.)] Proceed Id- Offence 6. 
 to the asterisk * in Form No. 1, supra, and then thus : force [or endea- 
 vour to force] the said C. D., the complainant, who then and there car- 
 ried on the trade and business of , to limit the number of his 
 
 apprentices to two [or as the case may be], contrary, &c. 
 
 4. General Forms to be used in enforcing a Conviction, (No. 41 (I. 3), 
 ante, p. 39] ; Commitment, and for Costs, No. 48 (P. 1) 51, ante, 
 pp. 4648. 
 
 COMMONS, &c. 
 
 1. Turning out scabbed Sheep. (38 Geo. 3, c. 65, s. 1.)] did turn Id. Offences 1, 
 out [or keep or depasture] divers, to wit, ten sheep and ten lambs, upon 2, p. 98. 
 
 a certain common waste land [or forest, chase, wood, moor, marsh, 
 
 heath, or as the case may be~] there, called , the said several sheep and 
 
 lambs being then and there 
 
 [or having been within six calendar months previous thereto, to wit, 
 
 on , at ], 
 
 infected with a certain disorder called scab [or mange], contrary, &c. [or 
 contrary to an act made in the thirty-eighth year of the reign of King 
 George the Third, intituled " An Act for preventing the Depasturing of 
 Forests, Commons and open Fields, with Sheep or Lambs infected with 
 the Scab or Mange, in that part of Great Britain called England."] 
 
 2. Complaint to a Justice fora Warrant to remove Sheep, $c. infected. Id. Offence 3, 
 
 (Id. s. 3.)] that the said C. D. hath divers, to wit, sheep upon a (adapted ^from 
 
 certain common waste land [or as the case may be] there, called , Williams's Pre- 
 
 now depasturing and entitled to be depastured, and that there are also cedents). 
 
 on such place divers others, to wit, sheep, the property of F. G. [or 
 
 persons unknown] there also depastured, which the said C. D. hath rea- 
 sonable ground to believe, and doth believe, are infected with the scab 
 [or mange, or are thereon,] contrary to the provisions of the act, &c. 
 [title, Sfc. as in Form No. 1, supra.] 
 
 3. Warrant thereon to drive same to the next Pound, $c. (Id.)] Pro- 
 ceed as in the general Form, No. 11 (C.), ante, p. 27, reciting the com- 
 plaint, No. 2, supra, and then thus : These are therefore to command
 
 94 
 
 (From Wil- 
 liams's Prece- 
 dents.) 
 
 Oke's Syn. 2nd 
 ed. p. 98, 
 Offence 4. 
 
 Summary Convictions and Orders. [PART i. 
 
 you, in her Majesty's name, forthwith to drive the said sheep so infected 
 
 as aforesaid from off the said common to the common pound called , 
 
 in the said parish, there to he examined by the said complainant C. D., [or 
 by you the said constable], after six hours previous notice of such examina- 
 tion shall be given by the said C. D. to the said F. G., as required by 
 the said act; and that you certify and report to me the result of such 
 examination. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord one thousand eight hundred and , at aforesaid. 
 
 J. S. (L.S.) 
 
 4. Notice to the Owner from the Complainant of the Examination. (Id.)] 
 
 To Mr. F. G. 
 
 Take notice, that at or soon after the expiration of six hours from 
 the time of your being served with this notice, certain sheep of yours now 
 
 depasturing on the common called , suspected to be infected with 
 
 the mange, will be impounded in the common pound called pound, 
 
 situate in the parish of , in the county of , there to be exa- 
 mined by virtue of a warrant under the hand and seal of J. S., Esquire, 
 one of her Majesty's justices of the peace in and for the said county, ob- 
 tained on my complaint exhibited on oath before the said justice, in pur- 
 suance of the statute in such case made and provided. 
 
 Dated day of , 1850. Yours, &c. 
 
 day morning, 11 o'clock. C. D. 
 
 5. Complaint, by the Owner, of Expenses incurred, where the Sheep are 
 not infected. (Id. s. 3.)] Recite the complaint, No. 2, supra, then thus: 
 
 that on the day of , it was duly proved to the satisfaction 
 
 of me, the said justice, that the said sheep were not kept on such lands 
 contrary to the provisions of the said act, and were thereupon driven back 
 to the place from whence they were taken ; that the said C. D. hath 
 
 incurred the costs and damages of by reason of the said removal, 
 
 examination and driving back as aforesaid. 
 
 6. Order of Justice for Expenses."] This will be the same as the ge- 
 neral Form, No. 44 (K.I), ante, p. 42. 
 
 7. Justice's Adjudication that Sheep be detained and marked. (Id. s. 4.) 
 
 \ Upon the report upon the oath of C. D., this day of 
 
 to wit. J , in the year of our Lord , at , in the county 
 
 aforesaid, made unto me, J. S., Esquire, one of her Majesty's justices of 
 
 the peace for the said county of , respecting certain sheep detained 
 
 [or impounded] in , in the parish of , in the said county, by 
 
 virtue of a warrant under my hand and seal, I do hereby adjudge that 
 the said sheep, belonging to F. G. [or the owner or owners thereof being 
 unknown], appearing to me to be infected [or having within the space of 
 
 months immediately previous to the date hereof been infected] with 
 
 the scab [or mange], be impounded and detained and be marked forth- 
 with, according to the direction of an act, &c. [title, 4 - c. in Form No. 1, 
 ante, p. 93.] 
 
 Given under my hand and seal the day and year first above men- 
 tioned, at aforesaid. J. S. (L.S.) 
 
 8. Recovery of Expenses of Marking, 4~c. (Id.)] These can be readily 
 made a part of the conviction for the offence 1, 2, Form No. 1, ante.
 
 CHAP, ii.] COMMONS, &c. CONSTABLES. 9. 
 
 9. Cutting out Marks made by Justice's Order. (Id. s. 5.)] did cut Oke's Synop. 
 out [or destroy, or alter] a certain mark in the ear of a certain sheep, his 2nd ed. 
 property, to wit. the letter S., marked thereon by order of a justice, in Offence 5, 
 pursuance of the statute in such case made and provided, the said mark P* *"" 
 
 not having been thereon for so long a space of time as six calendar 
 months previously, contrary, &c. [as Form No. 1, ante, p. 93.] 
 
 10. Noi marking Sheep. (Id. s. 2.)] being then and there the Id. Offence 7. 
 owner of twenty sheep, which he the said A. B. then turned out upon a 
 
 certain common waste land [or as the case may be~] there, called , 
 
 did not cause the said twenty sheep, or any of them, to be marked with 
 initial letters of the Christian and surname of him the said A. B., or with 
 such marks with which the said sheep respectively had, for the three pre- 
 ceding years, been usually marked, but had neglected then and there so 
 to do, contrary, &c. [as Form No. 1, ante, p. 93.] 
 
 11. General Forms to be used in enforcing the Convictions, (No. 39 
 (I. 1), ante, p. 38, and the Orders for Money ;] Distress Warrant, Sfc. 
 No. 53 (N. 1) 58, pp. 5052; Distress Warrant, SfC. upon Orders, 
 No. 66 (N. 2) 71, ante, pp. 57, 59. 
 
 CONSTABLES. 
 
 I. As to Parochial Constables. 
 IT. As to County Constables. 
 
 III. As to Borough Constables. 
 
 IV. As to Special Constables. 
 
 V. As to Constables on Rivers, Canals, fyc. 
 VI. As to Constables under Lighting and Watching Act. 
 
 I. As TO PAROCHIAL CONSTABLES. 
 
 1. Refusing to attend and be sworn. (5 & 6 Viet. c. 109, s. 13.)] Oke's Syn. 2nd 
 then being a person qualified and liable to serve, was duly appointed at ed. Offences 1, 
 a special petty sessions of her Majesty's justices of the peace holden in 2, p. 100. 
 and for the division of N., in the said county of C., to serve the office of 
 
 constable for the said parish of during the year then next following, 
 
 by virtue of the statute in that behalf, 
 
 [or by virtue of an act made and passed in the sixth year of the 
 
 reign of her present Majesty Queen Victoria, intituled " An 
 
 Act for the Appointment and Payment of Parish Constables "], 
 
 and that the said A. B. was afterwards duly summoned to appear on the 
 
 day of , at N., in the said division, to be sworn and to take 
 
 upon himself the said office, but that the said A. B., although so sum- 
 moned as aforesaid, did at the time and place last aforesaid refuse [or 
 neglect, without reasonable cause] to altend and be sworn as such con- 
 stable, and did not then and there find a qualified substitute to be sworn 
 in his stead, contrary, &c. [or contrary to the form of the statute afore- 
 said]. 
 
 2. Refusing to act. (Id.)] then being duly appointed and sworn as Id. Offences. 
 
 3,4.
 
 96 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. a constable for the said parish of , by virtue of the statute in that 
 
 2nd ed. p. 100. behalf, 
 
 [or by virtue, &c. [as in Form No. 1],] 
 
 did then and there refuse [or wilfully neglect] to act in the execution of 
 his said office, to wit, [here describe the neglect, fyc.~\ contrary, &c. [or 
 contrary to the form of the statute aforesaid.] 
 
 Id. OffenceS. 3. Neglecting Duty, or disobeying Justice's Warrant or Order (a}. 
 
 (Stone's Hand. (33 Geo. 3, c. 55, s. 1.)] being then a constable for the said , was 
 
 book p. 29 ) tnen an d there guilty of disobedience of a certain lawful warrant [or 
 order] of J. P. Esquire, then being one of her Majesty's justices of the 
 peace for the said , [or of certain neglect of duty], for that, hereto- 
 fore, to wit, on the day of last, he the said J. P. then and still 
 
 being one of her Majesty's justices of the peace acting in and for the said 
 
 , did make a certain warrant [or order] in writing, under his hand 
 
 and seal, in the words following : [here set out the warrant or order ; or 
 
 after the word " seal," say " bearing date the day of , thereby 
 
 commanding the said A. B. forthwith to apprehend one E. F. and to 
 bring him before some one or more of her Majesty's justices of the peace 
 
 in and for the said , for having [here describe the offence, fyc. set 
 
 forth in the warrant]}; and which said warrant [or order] was afterwards, 
 
 to wit, on the day of last, delivered to the said A. B., then 
 
 and still being one of the constables for the said , to be by him exe- 
 cuted in due form of law ; and that although the said A. B. could, might, 
 and ought to have executed the said warrant, yet the said A. B., so being 
 constable as aforesaid, not regarding the duty of his said office, did not 
 then and there execute the said warrant as aforesaid, or otherwise how- 
 soever, but wilfully neglected so to do, and therein made default, to the 
 great hinderance of public justice, contrary, &c. 
 
 4. General Forms to be used in enforcing the Convictions, (No. 39 
 (I. 1), ante, p. 38]; Distress Warrant, $c. No. 53 (N. 1) 58, ante, 
 pp. 5052. 
 
 II. As TO COUNTY CONSTABLES. 
 Oke's Syn. 2nd 5. Neglecting Duty. (2 & 3 Viet. c. 93, s. 12.)] being then one of 
 
 102 6 18> the < ! onstables for the [west division of the] said county of , duly 
 
 appointed by virtue of an act passed in a session of parliament held in 
 the second and third years of the reign of her present Majesty, intituled 
 " An Act for the Establishment of County and District Constables by the 
 Authority of Justices of the Peace,"* was then and there guilty of neglect 
 [or violation] of duty in his said office, by then and there [here state the 
 particular neglect, or as in Form No. 3, ante], contrary to the form of the 
 same statute. 
 
 24 p 104 6 ' Persons fraudulently taking Exemption from Toll as a County Con- 
 stable. (3 & 4 Viet. c. 88, s. 1.)] not then 'being a constable for , 
 
 [proceed as in Form No. 5, supra, to the asterisk, then thus :] did frau- 
 dulently claim [or take] the benefit of an exemption from the toll, to 
 
 wit, the sum of , then payable on a certain turnpike road there 
 
 situate, in respect of a horse [or as the case may be], [see the exemption 
 allowed, p. 226, note, Oke's Syn. 2nd ed.], which the said A. B. was 
 then and there riding on the said turnpike road, by then and there [here 
 
 (a) The order of a justice should be always in writing; and therefore in this 
 case, if a verbal order be disobeyed, it will be advisable for it to be reduced into 
 writing^, before proceeding against the constable for disobeying it.
 
 CHAP, ii.] CONSTABLES. 97 
 
 stale the means or pretensions, as pretending to E. F., the collector of tolls Oke's Synop. 
 at the said gate, that he the said A. B. was a county constable for the 2nded. p. 88. 
 
 [west division] of the county of , whereas the said A. B. was not 
 
 in fact a county constable as aforesaid, and was not then and there en- 
 titled to such exemption, contrary to the form of the statute aforesaid. 
 
 7. Assaulting or resisting County Constable, or promoting or encou- 
 raging another to do so. (2 & 3 Viet. c. 93, s. 8, extending 1 & 2 
 Will. 4, c. 41, s. 11.)] These will be the same as the Forms No. 18, 19 and 
 20, post, but describing the constable as in the Form No. 5, ante, p. 96. 
 
 8. General Forms to be used in enforcing the Conviction, (No. 39 
 (I.I), ante, p. 38]; Distress Warrant, &c., No. 53 (N. 1) 58, ante, 
 p. 5052. 
 
 III. As TO BOROUGH CONSTABLES. 
 
 9. Neglecting Duty or disobeying Orders. (5 & 6 Will. 4, c. 76, s. 80.)] Id. Offences 33, 
 then being one of the constables for the said borough of T., duly appointed 34, p. 104. 
 
 by the watch committee of the said borough, by virtue of an act made and 
 passed in the session of parliament held in the fifth and sixth years of the 
 reign of his late Majesty King William the Fourth, intituled " An Act to 
 provide for the Regulation of Municipal Corporations in England and 
 Wales,"* was then and there guilty of a neglect of his duty as such con- 
 stable [or disobedience of a certain lawful order], to wit, by [here state the 
 particulars as in Form No. 3, ante, p. 96], contrary to the form of the 
 same statute. 
 
 10. Assaulting Borough Constable. (Id. s. 81.)] did assault and beat Id. Offence 35, 
 the said C. D., the complainant, he being then one of the constables for p. 106. 
 
 the said borough of T., duly appointed [&c. as in Form No. 9, supra, to the 
 asterisk *, and then :] and being then and there in the due execution of 
 his duty as such constable, contrary to the form of the same statute. 
 
 11. Resisting Borough Constable. (Id.)] did resist the said C. D.,the Id. Offence 36. 
 complainant, he being [<$< as in No. 10 and 9], by then and there [here 
 
 describe the act of the defendant, although it may not perhaps be necessary 
 to do so], contrary to the form of the same statute. 
 
 12. Aiding or inciting another to assault or resist. (Id.)] did aid [or Id. Offences 37, 
 incite] one E. F. and divers other persons unknown then and there being 38. 
 
 [or one E. F. then and there being in the lawful custody of the said C. D., 
 the complainant] to assault [or resist] the said C. D., he being then, 
 [4'C. conclude as directed in No. 11, supra.] 
 
 13. Assaulting Borough Special Constable. (Id. s. 83.)] This will be 
 the same as No. 10, supra, describing the constable as being one of the 
 special constables for the said Borough of T., duly appointed by virtue of 
 an act passed in a session of parliament held in the fifth and sixth years 
 of the reign of his late Majesty King William the Fourth, intituled " An 
 Act to provide for the regulation of Municipal Corporations in England 
 and Wales," and being then and there, [6fc. as in No. 10, supra.] 
 
 14. General Forms to be used in enforcing the Conviction, (No. 39 
 (I. 1), ante, p. 38] ; Distress Warrant, &c., No. 53 (N. 1) 58, ante, 
 p. 5052.
 
 98 
 
 Summary Convictions and Orders. [PART I. 
 
 Oke'sSynop. IV. As TO SPECIAL CONSTABLES. 
 
 Offence 39,' 15. Refusing to take the Oath. (1 & 2 Will. 4, c. 41, s. 7.)] having 
 
 p. 106. been theretofore, to wit, on the day of , at W., in the division 
 
 of N., in the said county of , by J. S. and J. P., Esquires, two of her 
 
 Majesty's justices of the peace acting in and for the said division, by 
 virtue of the statute made and passed in a session of parliament held in 
 the first and second years of the reign of his late Majesty King 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," duly appointed as a special constable for the parish of in 
 
 the said division and county for one calendar month then next [or as the 
 case may be],* did on the day and year first aforesaid appear before the 
 said J. S. and J. P., Esquires, as such justices as aforesaid, and the said 
 A. B. being by them then and there required to take the oath appointed 
 by the same statute to be administered to persons so appointed special 
 constables aforesaid, then and there refused to take the said oath, con- 
 trary to the form of the statute aforesaid. 
 
 Id. Offences 40, 16. Refusing to attend to take the Oath. (Id.)] having been thereto- 
 
 41. fore [4~c., as inJurmNo. 15, supra, to the asterisk*, then thus :] and 
 
 being afterwards duly summoned and required by the said justices to 
 
 appear on the day of , being the day first aforesaid for the 
 
 purpose of then and there taking the oath appointed by the said statute 
 to be administered to persons so appointed special constables as aforesaid, 
 but that the said A. B., although so summoned and required as aforesaid, 
 did neglect [or refuse] to appear at the time and place for which he was 
 so summoned as aforesaid, for the purpose of taking the said oath, con- 
 trary to the form of the statute aforesaid. 
 
 Id. Offences 43, !? Refusing to serve, or to obey Orders. (Id. s. 8.)] then being a 
 
 44, 45. special constable duly appointed for the said parish of , and having 
 
 taken the oath prescribed by the statute made and passed [fyc. as in Form 
 No. 15, supra], and being then and there duly called upon to serve as such 
 special constable, and then and there neglect [or refuse] to serve as such 
 special constable, 
 
 [or, being lawfully ordered and directed by J. S., Esquire, one of her 
 Majesty's justices of the peace acting in and for the said county, 
 to [here set out the order or direction], did then and there neg- 
 lect [or refuse] to obey the same order and direction, and did 
 not obey the same], 
 contrary to the form of the statute aforesaid. 
 
 Id. Offence 46. 18. Assaulting Special Constables. (Id. s. 11.)] did assault the said 
 C. D., the complainant, he being then one of the constables for the parish 
 
 of , in the said [county'], duly appointed by virtue of an act passed 
 
 [4~c. as inform No. 15, supra~], and being then and there in the due 
 execution of his office as such constable, contrary to the form of the same 
 statute. 
 
 Id. Offence 47. 19. Resisting Special Constable. (Id.)] did resist the said C. D., the 
 complainant, he being [4 - c. as in No. 18], by then and there [here 
 describe the defendant's act], contrary, &c. 
 
 Id. Offence 48. 20. Promoting or encouraging another to assault or resist. (Id.)] did 
 promote [or encourage] one E. F. and divers other persons unknown, 
 then and there being, [or one E. F. then and there being in the lawful
 
 CHAP. ii.J CONSTABLES COPYRIGHT. 99 
 
 custody of the said C. D., the complainant] to assault [or resist] the said Oke's Syoop. 
 C. D., he being then, &c. [conclude as directed in No. 19, supra.] 2nd ed. 
 
 21. General Forms to be used in enforcing the Conviction, (No. 39 
 (I.I), ante, p. 38]; Distress Warrant, &c., No. 53 (N.I) 58, ante, 
 p. 50 52. 
 
 V. As TO CONSTABLES ON RIVERS, CANALS, &c. 
 
 22. Neglecting Duty. (3 & 4 Viet. c. 50, 8. 4.)] then being a con- Id. Offence 48, 
 stable duly appointed to act upon and along a certain canal [or navigable P- 106. 
 river] called , under an act passed in a session of parliament held in 
 
 the third and fourth years of the reign of her present Majesty, intituled 
 " An Act to provide for the Keeping of the Peace on Canals and Navi- 
 gable Rivers," was then and there guilty of a certain neglect [or breach] 
 of duty in his said office of constable, by then and there \hrre set out the 
 neglect or breach of duty], contrary to the form of the same statute. 
 
 23. Assaulting or resisting such Constables, or aiding or inciting any Id. Offence 
 Person so to do. (Id. s. 6.)] These offences are to be stated in the same 51 54, p. 108. 
 manner as in like offences with regard to Borough Constables, Forms No. 
 
 10, 11 and 12, ante, p. 97, but describing the constable as in the Form No. 
 22, supra. 
 
 24. General Forms to be used in enforcing the Convictions, (No. 41 
 (1.3), ante, p. 39, or No. 39 (I. 1), ante, p. 38] ; Commitment, &c., No. 
 48 (P. 1) 51, ante, p. 4648, or Distress Warrant, &c., No. 53 (N. 1) 
 58, ante, p. 50 52. 
 
 VI. As TO CONSTABLES UNDER LIGHTING AND WATCHING ACT. 
 
 25. Assaulting or resisting such Constables, or promoting or encouraging Id. Offence 
 another to do so. (3 & 4 Will. 4, c. 90, s. 41.)] These offences are to be 5557, p. 108. 
 stated in the name manner as the like offences relating to Special Con- 
 stables, Forms No. 18, 19 and 20, ante, p 98, but describing the constable 
 
 as being then one of the constables for the said parish of , duly 
 
 appointed under an act passed iti a session of parliament held in the third 
 and fourth years of the reign of his late Majesty King William the Fourth, 
 intituled " An Act to repeal an Act of the eleventh Year of his late 
 Majesty King George the Fourth, for the Lighting and Watching of 
 Parishes in England and Wales, and to make other Provisions in lieu 
 thereof," and, &c. 
 
 26. General Forms to be used in enforcing the Convictions, (No. 40 (1.2), 
 ante, p. 39, where imprisonment in default of payment of penalty, or No. 
 39 (I.I), ante, p. 38, where penalty to be levied by distress]. Commitment, 
 No. 52 (O. 1), ante, p. 49, or Distress Warrant, $c. No. 53 (N. 1) 58, 
 ante, p 5052. 
 
 COPYRIGHT OF DESIGNS. 
 
 1. Selling Article as registered when not so. (5 & 6 Viet. c. 100, ss. 7, Id. Offence 3, 
 8; 6 & 7 Viet. c. 65, s. 4).] did unlawfully sell to one E. F. a certain p. 108. 
 article of manufacture, to wit, an article called a " palletot," as a regis- 
 tered article, the same not being then registered either according to the pro- 
 visions of a certain act passed in a session of parliament held in the fifth 
 
 H 2
 
 100 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. and sixth years of the reign of her present Majesty, intituled " An Act to 
 2nd ed. p. 108. consolidate and amend the Laws relating to the Copyright of Designs for 
 ornamenting Articles of Manufacture," or according to the provisions of 
 a certain other act passed in a session of parliament held in the sixth and 
 seventh years of the reign of her present Majesty, intituled " An Act to 
 amend the Laws relating to the Copyright of Designs,"* and contrary, 
 &c. 
 
 Id. Ofience 4, 
 5. 
 
 2. Advertising as registered, or after Expiration of Copyright. (Id.)] 
 did unlawfully advertise for sale a certain article, [4'C., follow to the 
 asterisk* in Form No. 1, supra, and then in the case of the copyright 
 being expired], the copyright in the said article having expired on the 
 day of last, contrary, &c. 
 
 3. General Forms to be used in enforcing the Conviction, (No. 39 (I. 1), 
 ante, p. 38]; Distress Warrant, &c.' No. 53 (N. 1) 58, ante, p. 5052. 
 
 2 Burn's Jus. 
 29th ed. p. 22. 
 
 Id. 
 
 CORN RETURNS. 
 
 1. Corn Dealer not making Declaration required by 5 Viet. c. 14, ss. 
 
 23, 39] then and for calendar months previously being a dealer [or 
 
 as the case may be"] in British corn at [within] the said city [or town] of 
 
 , in the said county of , being one of the cities [or towns] 
 
 named in the schedule annexed to a certain act passed in the fifth year 
 of the reign of her present Majesty, intituled, " An Act to amend the 
 Laws for the Importation of Corn/'* and dealing in British corn during 
 the period aforesaid, did not, before he so dealt in British corn as afore- 
 said, make or deliver, at or within the said city [or town] of , to the 
 
 mayor or chief magistrate of the said city [or town], or any of her 
 Majesty's justices of the peace for the said county [or riding, or division, 
 as the case may be'], in which the said city [or town] is situated, the de- 
 claration in writing subscribed with the hand of the said A. B., in the 
 form and manner as bv the said act in that behalf required, contrary, 
 &c. 
 
 2. The like, for not making the Returns required by sect. 25. (Id.)] 
 Proceed to the asterisk* in Form No. 1, supra, then thus:~\ and having 
 made the delaration in that behalf required by the said act, did on divers 
 days and times during the week ending on and including the day next 
 
 preceding the first market day hereafter mentioned, to wit, on the 
 
 day of first aforesaid, and on divers days and times afterwards, at 
 
 [or within] the said town [or city], deal in British corn, and did buy 
 divers, to wit, one thousand parcels of divers, to wit, one hundred sorts 
 of British corn, at and for divers prices, from divers persons, by divers 
 weights and measures; nevertheless the said A. B. did not, on [Tuesday] 
 
 the day of last, being the first market day of the week ending 
 
 the day of , holden within the said town [or city], return or 
 
 cause to be returned to the officer of Inland Revenue acting as inspector 
 of corn returns for the said town [or city] of , at the place ap- 
 pointed for receiving such returns 
 
 [or to the continuing inspector of corn returns for the said town [or 
 
 city] of ; or to the inspector of com returns for the said 
 
 city of Oxford, or the town of Cambridge, as the case may be] 
 an account in writing signed with the name of the said A. B., of the 
 amount of each and every parcel of each respective sort of British corn
 
 CHAP, ii.] CORN RETURNS-CRUELTY, &c. 101 
 
 by him bought during the week ending on and including the day next 
 preceding such first market day as aforesaid, with the price thereof, and 
 by what weight or measure the same was so bought by him, with the 
 names of the sellers of each of the said parcels respectively, and with the 
 names of the person or persons, other than the said A. B., for or on ac- 
 count of whom the same was so bought and sold, in the form and manner 
 as required by the said act, contrary, &c. 
 
 3. General Form to be used in enforcing the Conviction, (No. 39 (1. 1), 
 ante, p. 38] ; Distress Warrant, &c. No. 53 (N. 1) 55, ante, p. 5052. 
 
 COUNTY COURTS. 
 
 1. Assaulting Bailiff". (9 & 10 Viet. c. 95, s. 114.)] did unlawfully Oke'sSyn. 2nd 
 assault [the said] C. D. [the complainant], he being then an officer [or ed. Offences 1, 
 bailiff] of the County Court of Cambridgeshire, at Newmarket, holden 2 and 3, p. 110. 
 under an act passed in a session of parliament held in the ninth and 
 
 tenth years of the reign of her present Majesty, intituled " An Act for 
 the more easy Recovery of Small Debts and Demands in England,"* 
 and being then and there in the due execution of his duty as such bailiff 
 as aforesaid, contrary, &c. 
 
 2. Making Rescue of Goods levied. (Id.)] did unlawfully rescue [or 
 attempt to make rescue] from [the said] C. D. [or out of a certain build- 
 ing there of the said A. B.J certain goods then before duly levied by the 
 said C. D., a bailiff acting under and by virtue of the process of the 
 County Court of Cambridgeshire, at Newmarket, holden, [#c. follow to 
 the asterisk* in Form No. 1, supra'], contrary, &c. 
 
 3. General Forms to be used in enforcing the Conviction, (No. 39 (I. 1), 
 ante, p. 38] ; Distress Warrant, &c'. No. 53 (N. 1) 58, ante, p. 5052. 
 
 CRUELTY TO ANIMALS. 
 
 1. Conviction given in Sect. 23 of 12 # 13 Viet. c. 92 (a). 
 
 ) Be it remembered, that on the day of , in the year 
 
 to wit. t of our Lord , A. B. is brought before me [or us] C. D., 
 
 &c. a justice [or justices] of the peace for the [here insert the county, 
 borough, or other jurisdiction of the justice or justices'], and is charged 
 before me [or us] with having [here describe the offence], contrary to the 
 provisions of a certain act [here insert the title of this act(b)~], and it ap- 
 pearing unto me [or us] upon the confession of the said A. B. [or upon 
 the oath of a credible witness or witnesses, as the case may be~], that the 
 said A. B. is guilty of the said offence, I do therefore adjudge the said 
 A. B. [here insert the adjudication, and in the case of a secotid or subse- 
 
 (o) Vide sect. 17 of 11 & 12 Viet. c. 43 (Jervis's Act) hereon, ante, p. 7. 
 What is the use of encumbering the statute book with any new forms, or such 
 one as this is? If this kind of law making is to continue in subsequent sessions, 
 we shall have the same difficulties in practice as before Jervis's acts passed. 
 Jervis's Act gives a much better form for all purposes. 
 
 (6) The title, with the year of the reign omitted here, will be seen in Form 
 No. 2.
 
 102 Summary Convictions and Orders. [PART i. 
 
 quent offence, add these words, the same being the second [or any sub- 
 sequent] offence against the provisions of the said act]. Given under my 
 [or our] hand [or hands (c)] at [here insert the place where the justice or 
 justices may be], the day and year first above written. 
 
 2. Beating, Illtreating, #c., or causing same. (12 & 13 Viet. c. 92, s. 
 2.)] did cruelly beat [or ill treat, overdrive, abuse, or torture], 
 
 [or cause, or procure to be cruelly beaten [or illtreated, overdriven , 
 
 abused, or tortured], 
 
 a certain animal, to wit, a horse [or mare, gelding, &c., see interpretation 
 clause, sect. 29], by then and there [here describe the iUtreatment, $c., as 
 "violently beating the same about the head and ears with a large stick"], 
 contrary to the provisions of a certain act passed in a session of parlia- 
 ment held in the thirteenth year of the reign of her present Majesty, in- 
 tituled, "An Act for the more effectual Prevention of Cruelty to Ani- 
 mals." 
 
 3. Keeping Cockpit or Place for Bull-baiting, Sfc. (Id. s. 3.)] did 
 keep [or use, or act in the management of] a certain place, to wit, a pit 
 there for the purpose of fighting [or baiting] bulls [bears, badgers, dog, 
 cock,] 
 
 [or did permit [or suffer] a certain place, to wit, a pit [or room] 
 
 there to be used for the purpose, &c.], 
 [or did encourage [or aid, or assist] by then and there [describe the 
 
 defendant's act] at the fighting [or baiting] of a certain bull, 
 
 [ffc.~\ there being fought in a certain place, to wit, a yard 
 
 there,] 
 contrary, &c. [as in Form No. 2.] 
 
 4. Persons guilty of Cruelty, and thereby doing Damage. (Id. s. 4.)] 
 did by cruelly beating [or illtreating, over-driving, abusing, or torturing] 
 a certain animal, to wit, an ox, do certain damage and injury to the said 
 ox, to wit, [describe the injury \, to the amount of , 
 
 [or thereby cause certain damage and injury to be done to one E. F. 
 there being [or to certain property of one E. F. there, to wit, 
 
 six panes of glass] to the amount of ], 
 
 contrary, &c. [as in Form No. 2, ante.] 
 
 5. Not feeding Cattle impounded. Id. s. 5.)] impound [or cause to be 
 impounded] a certain animal, to wit, one mare, in the common pound 
 
 there, and on that day, and also on the day of instant, did 
 
 refuse [or neglect] to provide and supply the said mare with a sufficient 
 quantity of fit and wholesome food and water, and did not do so, con- 
 trary, &c. [as in Form No. 2, ante.] 
 
 6. Complaint for Recovery of Cost of Food supplied by a Stranger to 
 Cattle impounded without Food. (Id. s. 6.)] a certain animal, to wit, a 
 mare, the property of E. F., was impounded [or confined] in the common 
 pound there, and continued confined there without fit and sufficient food 
 and water for more than twelve successive hours, to wit, fifteen hours ; 
 that the said C. D., the informant, supplied the said mare with fit and 
 
 sufficient food and water for days while it continued confined as 
 
 aforesaid ; and that the reasonable cost of such food and water is the sum 
 * > which the said C. D. prayeth may be ordered to be paid by the 
 
 (c) There is no sealing it appears necessary here, for the first time.
 
 CHAP, ii.] CRUELTY TO ANIMALS. 103 
 
 said A. B., the owner of the said mare, to the said C. D., according to the 
 provisions of a certain act, &c. [conclude as in Form No. 2, ante, p. 102*] 
 
 7. Order thereon.'] This seems to be necessary. The Form will be 
 the general one, No. 45 (K. 2), ante, 43 ; and the commitment, No. 65 
 (O.2), ante, p. 57. 
 
 8. Improperly conveying Animals. (Id. s. 12.)] did convey [or carry, 
 or cause to be conveyed or carried] certain animals, to wit, ten oxen, in 
 
 [or upon] a certain vehicle, to wit, a , in such a manner [or position], 
 
 to wit [here describe the manner], as to subject the said oxen to unne- 
 cessary pain and suffering, contrary, &c. [as in Form No. 2, ante, p. 102], 
 the said offence being the said A. B.'s [first] offence. 
 
 9. Obstructing Constable or Keeper of a Pound. (Id. s. 20.)] did 
 unlawfully obstruct [or hinder, molest, or assault] the said C. D. [the 
 
 complainant], he then being a constable for the said parish of [or 
 
 the keeper of the common pound there], and in the exercise of the power 
 given him under or by virtue of a certain act passed [#c. as in Form 
 No. 2, ante, p. 102,] contrary to the form of the same statute. 
 
 10. Summons to Proprietor of public Vehicles to produce the Driver, fyc. 
 Id. s. 22.)] This should be in the usual Form of Summons, No. 8 (A.), 
 ante, p. 26, reciting the complaint made against the driver to the justice, as 
 
 follows : Whereas complaint hath this day been made before the under- 
 signed, one of her Majesty's justices of the peace in and for the said 
 [county] of , that A. B., of, &c., then being the driver [or con- 
 ductor] of a certain hackney [or stage carriage, or cart, waggon, or van], 
 
 did on the day of , at the parish of aforesaid [here describe 
 
 the offence of the driver], contrary, &c. : and that you the said E. F. are 
 the proprietor [or owner] of such hackney [or stage carriage, or such 
 cart, &c.] : These are therefore to command you, in her Majesty's name, 
 to produce the said A. B., the said driver, so that he be and appear on, 
 &c. [conclude as in General Form, No. 8 (A.), ante, p. 26.] 
 
 1 1 . Complaint of Proprietor of Carriage (who has paid the Penalty for the 
 Driver's offence} against the Driver for the same. (Id.)] that he the said 
 
 E. F. [the complainant] was on the day of last duly adjudged 
 
 by one of her Majesty's justices of the peace in and for the said [county] 
 
 of , to pay the penalty of and for costs for a certain 
 
 offence of which one A. B. was then and there convicted, for that he the 
 said A. B., of &c., on the day of , at the parish of afore- 
 said, then being the driver, &c. [as in Form No. 10, supra,wilh description 
 of the offence as in the driver's co/iuic/iora],the said E. F. being the pro- 
 prietor [or owner] of the said hackney carriage [or cart] ; and that he the 
 said E.F. hath duly paid the said penalty and costs, amounting together 
 
 to the sum of , and that the said A.B., the said driver, refused [or 
 
 neglected] to be produced and appear pursuant to the summons in that 
 behalf issued to the said E. F., the proprietor, and the said E. F. there- 
 fore prays that the said A. B. may be ordered to pay the said sum of 
 
 to the said E. F. 
 
 12. Order for Payment by the Driver. (Id.)] This seems to be 
 necessary. The General Form, No. 45 (K. 2), ante, p. 43, and the com- 
 mitment, No. 65 (O. 2), ante, p. 57, will apply. 
 
 13. Proprietor refusing to produce Driver. (Id. s. 22.)] that E. F.,
 
 104 
 
 Vide sect. 18. 
 
 Summary Convictions and Orders. 
 
 [PART i. 
 
 of, &c., on the day of last, then being the proprietor [or owner] 
 
 of a certain hackney [or stage] carriage [or cart, &c.] hereinafter men- 
 tioned, was duly summoned by J. S., Esquire, one of her Majesty's jus- 
 tices of the peace in and for the said [county~\ of , to produce one 
 
 A. B. of, &c., so that he be and appear here on this day before such jus- 
 tices of the peace for the said [county'] as might then he there, to answer 
 to a certain complaint made before the said justice against the said A. B., 
 and to be further dealt with according to law, for that he the said A. B., 
 
 on the day of , at the parish of aforesaid, then being the 
 
 driver, &c. [state the offence as in Form No. 10, supra] ; but the said 
 E. F.hath now here failed to produce, and hath not produced, the said 
 A. B., the said driver, without any satisfactory excuse allowed by me the 
 said justice, contrary, &c. [as in Form No. 2, ante, p. 102.] 
 
 14. General Forms to be used in enforcing the Convictions, (No. 40 
 (I. 2), ante, p. 39, where a penalty imposed, or No. 41 (I. 3), ante, 
 p. 39, where imprisonment only adjudged] ; Commitment, No. 52 (O. 1), 
 ante, p. 49; or commitment, &c. for costs, No. 48 (P.I) 51, ante, 
 p. 4648.] 
 
 DEAD BODIES. 
 
 Oke's Syn. 2nd 1. Not giving Notice to Churchwarden of finding.] 48 Geo. 3, c. 75, 
 ed. Offence 1, S s. 3, 4.)] found a certain dead body of a man unknown cast on shore 
 
 P- '12. from the sea, in the parish of aforesaid [or in aforesaid, the 
 
 same being an extra-parochial place], and did not, within six hours after 
 he so found the same as aforesaid, give notice thereof to any of the 
 churchwardens or overseers of the said parish [or to the constable or 
 headborough of the said extra-parochial place], or cause such notice to 
 be left at the last or usual place of abode of any of them, contrary, &c. 
 
 Id. Offences 2, 2. Churchwarden, Sfc. not removing or burying the Body. (Id. s. 7.)] 
 
 3, 4. being churchwarden [or overseer, or constable] of the said parish of , 
 
 having, on the day of instant, at aforesaid, been served 
 
 with notice that the dead body of a certain man unknown was cast on 
 shore from the sea, and was then lying within the bounds of the said 
 parish, did not, within twelve hours after the said notice was so served 
 upon him as aforesaid, cause the said body to be removed from the said 
 shore to some convenient place prior to the interment thereof, 
 
 [or did neglect [or refuse] after removing the said body from the 
 
 said shore, for days, to cause it to be decently interred in 
 
 the churchyard [or burial ground] of the said parish of ,] 
 
 contrary, &c. 
 
 N.B. The general forms for enforcing the conviction No. 39 (I. 1), 
 ante, p. 38, are distress warrant, &c. No. 53 (N 1) 58, ante, 
 p. 5052. 
 
 Toone, p. 173, 3. Order for reimbursing Overseers the Expenses of interring a Dead 
 4lh ed- Body. (Id. s. 6.) 
 
 To the Treasurer of the county of . 
 
 to wit. I. J. C. Esquire, one of her Majesty's justices of the 
 
 peace for the county of , having inquired into and ascertained on 
 
 path the payments, costs and expenses, in the account annexed, amount- 
 ing to , incurred by the overseers of the poor of the parish of in 
 
 the said county, by reason of a dead body of a certain man unknown 
 having been found cast on shore from the sea of the aforesaid parish, on
 
 CHAP ii.] .DEAD BODIES -DISSENTERS. 105 
 
 the day of last, and interred by the said overseers at the like 
 
 sums as in cases of burials made at the expense of the said parish, do 
 hereby order you forthwith, on sight hereof, to pay A. B., overseer of the 
 
 poor of the said parish, the said sum of , according to an act passed 
 
 in the forty-eighth year of the reign of his late Majesty King George the 
 Third, intituled " An Act for providing suitable Interment in Church- 
 yards or Parochial Burial Grounds for such dead Human Bodies as 
 may be cast on Shore from the Sea in Cases of Wreck or otherwise," and 
 the same shall be allowed you in your accounts. Given under my hand 
 
 and seal, this day of , in the year of our Lord 18 . 
 
 J. C. (L. s.) 
 
 DISSENTERS. 
 
 1. Permitting Meeting in a Place not certified. (52 Geo. 3, c. 155, 2 Burn's Jus. 
 s. 1.)] (a) then being the occupier of a certain dwelling-house [or place] 29th ed. p. 258. 
 there situate, did knowingly permit [or suffer] a meeting, congregation 
 
 and assembly of persons to the number of more than twenty, to wit, thirty 
 persons, besides the immediate family and servants of the said A. B., to 
 meet and to be held in his said dwelling-house for the purpose of religious 
 worship in other manner than according to the liturgy and practice of the 
 Church of England, the said dwelling-house in which the said meeting, 
 congregation and assembly was held not then having been certified to 
 the bishop of the diocese, or to the archdeacon of that archdeaconry, or 
 to the justices of the peace at their general or quarter sessions of the 
 peace for the county in which the said meeting was held, nor registered 
 in the said bishop's or archdeacon's court, nor recorded at the said general 
 or quarter sessions, contrary, &c. 
 
 2. Preaching without Consent of Occupier. (Id. s. 3.)] then being 
 a teacher [or preacher], and having duly made, taken and subscribed the 
 oaths and declarations by the statute in that behalf required, did then and 
 there teach [or preach] in a certain meeting, congregation and assembly 
 of persons to the number of more than twenty, to wit, thirty persons 
 (besides the immediate family and servants of E. F., the occupier of the 
 premises hereinafter mentioned, in which the said meeting, congregation 
 and assembly was had), in a certain house of the said E. F., there situate*, 
 without the consent of the said E. F., the occupier thereof, contrary, &c. 
 
 3. Preaching before required Oatht taken. (Id. s 5.)] then being a 
 teacher [or preacher], did then and there teach, [#c. follow to the aste- 
 risk * in Form No. 2] before he had made, taken and subscribed the 
 oaths and declaration required by the statute in that behalf to be taken, 
 made and subscribed, before he the said A. B. should be permitted or 
 allowed to teach or preach in any such congregation or assembly for 
 religious worship, and the said A. B. having refused to attend to make, 
 take and subscribe the same as required by a justice in that behalf, con- 
 trary, &c. 
 
 4. Preaching in Registered Building with Door bolted, fyc. (Id. s. 
 
 (a) This form of statement of the offence is adapted from that in R. v. Hall, 
 1 T. R. 320, which arose on a conviction under the repealed statute 22 Car. 2, 
 c. 1, wherein the conviction was affirmed.
 
 106 Summary Convictions and Orders. [PART i. 
 
 11.)] Proceed to the asterisk* in Form No. 2, supra, and then thus: 
 the door of the said house [or place] being then and there bolted [or 
 
 bolted, or fastened with ] so as to prevent, and which did prevent, 
 
 one C. D., the complainant, from entering therein during the said meet- 
 ing, assembly and congregation, contrary, &c. 
 
 5. General Forms to be. used in enforcing the Conviction, No. 39 
 (I. 1), ante, p. 38]; Distress Warrant', &c. No. 53 (N. l)-58, ante, 
 p. 5052. 
 
 DISTRESS. 
 
 Oke's Syn. 2nd 1. Tenant clandestinely removing Goods. (11 Geo. 2, c. 19, ss. 1, 4.)] 
 ed. Offence 1, being then and there tenant from year to year [or as the case may be] 
 p. 112. to the said C. D. [the complainant] of a certain tenement and lands 
 
 there situate, at the yearly [or weekly] rent of , payable half-yearly 
 
 [or as the case may be~\, and the said A. B. being then indebted unto the 
 said C. D. for certain arrears of rent for the said demised premises, to 
 
 wit, the sum of , then and still due and payable, did fraudulently 
 
 [and clandestinely] remove, convey away, and carry off from the said 
 premises divers of his goods and chattels, not exceeding the value of fifty 
 
 pounds, to wit, of the value of , in order to prevent the said C. D., 
 
 the landlord of the said premises from then and there distraining the 
 same for the said arrears of rent so due and payable as aforesaid, contrary, 
 &c. 
 
 Observations.'] The complaint may be by E. F. of, &c. bailiff, [ser- 
 vant or agent] of C. D. of, &c. [the landlord], and the justice 
 must be described as residing near the place where the goods and 
 chattels hereinafter mentioned were removed, [or where the 
 goods hereinafter mentioned were found], and not being inter- 
 ested in the lands and tenements whence such goods and chattels 
 were removed. 
 
 Id. Offence 2. 2. Person aiding and assisting. (Id.)] Proceed as in No. 1, to its 
 
 conclusion, and then add: and that on the day of aforesaid, 
 
 at the parish of aforesaid, E. F. of, &c., did wilfully and knowingly 
 
 aid and assist the said A. B. in fraudulently [and clandestinely] removing, 
 conveying away and carrying off the said goods [or concealing the said 
 goods], contrary, &c. 
 
 3. Order for Payment of Double Value. (Id.)] This will be the same as 
 General Order No. 44 (K. 1), ante, p. 42, reciting the complaint, No. 1 or 
 2, supra, to have been made in writing, with, this variation in the statement 
 oj the. appearance, and the justices hearing the complaint, repeat as in the 
 complaint the.ir description as not being interested, as in the " Observations" 
 above, and in the adjudication say We do adjudge the said A. B. to be 
 guilty of the offence charged against him as aforesaid ; and where an aider, 
 and that the said E. F. is also guilty of the offence charged against him 
 as aforesaid, and do order and adjudge him [or them] to pay to the said 
 
 C. D. or to his bailiff, servant or agent, the sum of , (being double 
 
 the value of the goods and chattels so removed, conveyed away and car- 
 ried off as aforesaid, as appears to us on due inquiry in that behalf,) and 
 
 also to pay to the said C. D. the sum of for costs, &c. [conclude as 
 
 in General Form No. 44 (K. 1), ante, p. 42.] 
 
 4. Taking excessive Charges on Distresses for Rent, c. (57 Geo. 3, 
 c. 93, s. 2.)] then being employed to make a distress upon the goods
 
 CHAP, ii.] DISTRESS DOGS. 107 
 
 and chattels of the said C. D. [the complainant], for and in respect of Oke's Synop. 
 an arrear of rent due to one E. F. [or certain poor rates, &c., or as the 2nd ed. p. 112. 
 case may be], not exceeding in amount the sum of twenty pounds, to wit, 
 
 the sum of , did then and there make such distress accordingly [and 
 
 proceed to a sale thereof, if so], and did afterwards, to wit, on the 
 
 day of instant, at the parish of aforesaid*, retain [or take and 
 
 receive] from the said C. D. 
 
 [out of the produce of the goods and chattels so distrained upon and 
 
 sold for such arrears of rent [or us the case may be] as aforesaid, 
 
 if a sale] 
 
 certain costs and charges [other than and] greatly exceeding in amount 
 the respective costs and charges allowed by the statute in that case 
 made and provided, 
 
 [or if for matters not done, say, from the asterisk * : make and take 
 
 and receive from the said C. D. certain charges for matters 
 
 mentioned in the statute in that case made and provided, and 
 
 not really done in respect of the said distress], 
 
 that is to say, [here state the particular sum overcharged or charged, as the 
 case may be, with what it was paid for], contrary, &c. 
 
 5. Order of Dismissal of Complaint.] Although a short form is giv 
 by the statute, that in Jervis's Act, Mo. 31 (L.), ante, p. 34, should 
 
 given 
 be 
 used. 
 
 6. Order of Treble Amount taken.] A short form of this order is 
 also given in the statute, but the General Form, No. 44 (K 1), ante, p. 
 42, should be used, merely adding to it, by stating, after the amount ad- 
 judged to be paid, " being treble the amount of the monies so unlawfully 
 taken as aforesaid." 
 
 4. General Forms to be wed in enforcing the Orders for Payment.'] 
 Distress Warrant, &c. No. 53 (N. 1) 58, ante, p. 5052. 
 
 DOGS. 
 
 1. Stealing a Dog. (8 & 9 Viet. c. 47, s. 2.)] did unlawfully steal, ld offence 1 
 take and carry away a certain dog, to wit, a spaniel, of the value of two p/H4. 
 pounds, the property of one C. D. [or the said C. D.], contrary, &c. 
 
 2. Complaint to ground Search Warrant for a Stolen Dog. (Id. s. 5.)] j,j t Offence 2 
 Proceed in the usual Form No. 1, ante, p. 23, and then: that he the 
 
 said C. D. [the complainant] hath lately lost a certain dog, to wit, a spa- 
 niel of a black and tan colour, and that he has just cause to suspect, and 
 
 doth suspect and believe, that A. B., of the parish of aforesaid 
 
 [labourer], hath stolen the same, and that the same dog is now in the 
 possession [or concealed on the premises, or as the case may be] of the 
 said A. B., situate at aforesaid. 
 
 3. Search Warrant thereon.] Proceed in the usual Form No. 11 of 
 Chap. I. of Indictable Offences, post, by reciting the complaint, No. 2, 
 supra, and then thus : These are therefore to command you, in her 
 Majesty's name, to make diligent search for the said dog in the said 
 premises of the said A. B., and if you shall find it therein, then that 
 you bring the same, and also the body of the said A.B., before me, or 
 some other of her Majesty's justices of the peace in and for the said
 
 108 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. [county} of , to answer to the said complaint, and to be further 
 
 2nd ed. p. 114. dealt with according to law. 
 
 Offence 2. 4. Having a Stolen Dog in Possession, found by virtue of a Search 
 
 Warrant. (Id. s. 3.)] a certain dog, to wit, a spaniel, the property of 
 one C. D. [or the said C. D. the complainant] (by a certain ill-disposed 
 person unknown, then lately before unlawfully stolen, taken and carried 
 away), was found in the possession [or in the dwelling-house] of the said 
 A. B. there situate, by virtue of a certain search warrant theretofore in 
 that behalf duly granted, he the said A. B. then and there well knowing 
 the said dog to have been unlawfully stolen, taken and carried away, 
 contrary, &c. 
 
 5. General Forms to be used in enforcing the Convictions, (No. 41 (1.3), 
 ante, p. 39;] or where imprisonment only adjudged, or No. 40 (I. 2), 
 ante, p. 39, where a penalty imposed ; Commitment, &c. No. 48 (P.I), 
 ante, p. 46; and for Costs, Distress Warrant, &c. No. 49 (P. 3) 51, 
 ante, p. 46 48, in the former; or Commitment, No. 52 (O. 1), ante, p. 
 49, in the latter case. 
 
 6. Variation in Conviction No. 40 (I. 2), ante, p. 39] in the ad- 
 judication say, to forfeit and pay the sum of , over and above the 
 
 value of the said dog, and for the said dog the further sum of , to be 
 
 respectively paid and applied, &c. 
 
 DRUNKENNESS. 
 
 I. Proceedings upon a First Offence. 
 II. Proceedingsfor a Second Offence. 
 
 I. PROCEEDINGS UPON A FIRST OFFENCE. 
 
 Id. p. 114. ! For beiTI S Drunk. (21 Jac. 1, c. 7, ss. 1, 3.)] That A. B., of 
 
 , &c. was, on the day of instant, at the parish of , in 
 
 the said [county] of , drunk, contrary, &c. 
 
 2. Variations in the General Form of Conviction, No. 39 (I. 1), ante, 
 p. 38.] In the. adjudication, say, after the sum of five shillings, the 
 penalty, according to the said statute ; the time of payment to be 
 within one week, according to the statute aforesaid ; in default of dis- 
 tress the defendant shall be set in the stocks of the said parish of , 
 
 there to remain for the space of six hours ; and omit the words unless the 
 said several sums, &c. shall be sooner paid. 
 
 3. Conviction on View.'] Vide General Form, No. 43, ante, p. 42. 
 
 4. Distress Warrant."] Vide General Form, No. 53 (N. 1), ante, 
 p. 50. 
 
 5. Commitment to the Stocks in default of Distress, or on Confession.] 
 The General Forms, No. 58 (N. 5), ante, p. 52, or No. 54, ante, p. 50, 
 must be adapted to the variations above, (No. 2), in the conviction, but 
 directed only to the constable, and the command being shortly this : These 
 
 are, therefore, to command you, the said constable of the parish of , 
 
 to take the said A. B., and him set in the stocks of the said parish of
 
 CHAP, ii.] DRUNKENNESS. 109 
 
 , there to remain for the space of six hours ; and for your so doing, Oke's Synop. 
 
 this shall be your sufficient warrant. 2nd ed. p. 114. 
 
 6. Warrant to the Churchwardens (if they are not present at the Con- 
 viction, or the Offender makes Default by not appearing), to receive the 
 Penalty (a). 
 
 To the Churchwardens of the parish of , in the said \county.~] 
 
 } Forasmuch as A. B., of, &c., in the said [county], is con- 
 to wit. ji victed before [me] the undersigned, [one] of her Majesty's jus- 
 tices of the peace for the said [county] ; for that lie, the said A. B., was, 
 
 on the day of last, at the parish of , in the said [county], 
 
 drunk, contrary to the statute in such case made, whereby he hath 
 forfeited the sum of five shillings to the use of the poor of the said parish : 
 These are therefore to require you to demand and receive of and from him, 
 the said A. B., the said sum of five shillings, to be by you accounted for 
 to the use aforesaid; and if he shall refuse or neglect to pay the same by 
 the space of one week after such demand made, that then you certify to 
 me such refusal and neglect, to the end that such proceeding may be had 
 thereupon as to justice doth appertain. 
 
 Given under my hand and seal, the day of , in the year of our 
 
 Lord, , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 II. PROCEEDINGS FOR A SECOND OFFENCE. 
 
 7. Information for being Drunk.] State the last offence committed, as 
 in the Form No. 1, ante, p. 23, and then as in the General Form of Infor- 
 mation for a Second Ojftnce, No. 4, ante, p. 25. 
 
 8. Recognizance to be of good Behaviour."] Proceed as in the Form 
 No. 13 (E.), ante, p. 28, the condition being as follows: the condition of 
 the within written recognizance is such, that whereas the within bounden 
 A. B. is this day duly convicted before the justice within mentioned, for 
 
 that he the said A. B. was, on the day of instant, at the parish 
 
 of , in the [county] aforesaid, drunk, contrary, &c. (the same being 
 
 his second conviction), and it was thereby adjudged, that the said A. B., 
 for his said offence, should be bound in a recognizance, with two sureties, 
 in the sum of ten pounds, according to the statute aforesaid, to be of good 
 
 behaviour for the space of then next ensuing ; if therefore he, the 
 
 said A . B., shall be of good behaviour for the space of now next 
 
 ensuing, then the said recognizance to be void, or else to stand in full 
 force and virtue. 
 
 9. Notice thereof.] This will be the same as No. 14, ante, p. 29, 
 altering it to the condition of the recognizance, No. 8, supra. 
 
 10. Commitment in Default of Recognizance. (2 Hawk. c. 16. s. 2.)] 
 Proceed as in the General Form No. 48, ante, p. 46, by reciting the con- 
 viction for the second offence ; then the averment of the previous conviction 
 asin the General Form nf Conviction, No. 42, ante, p.40,andthen thus:] 
 and it was thereby adjudged, that the said A. B.. for his said first-men- 
 tioned offence, of which he is now duly convicted before me (being his 
 
 (a) This Form is given in nearly all the books of practice ; but as no de- 
 mand of a penalty is necessary before enforcing, where the conviction is regular 
 and proper, it is difficult to see the use of it ; it is inserted in this collection for 
 those who wish to practise extreme caution in their proceedings.
 
 110 Summary Convictions and Orders [PART i. 
 
 Oke's Synop. second conviction of drunkenness), should be bound in a recognizance, 
 2nd ed. p. 114. with two sureties, in the sum of ten pounds, according to the statute afore- 
 said, to be of good behaviour for the space of then next ensuing : 
 
 and whereas the said A. B. hath refused to enter into such recognizance, 
 and to find such sureties as aforesaid ; These are therefore [4r.,s General 
 Form No. 48, ante, p. 46, adding, after the term of imprisonment], unless 
 he in the meantime shall become bound in such recognizance, with such 
 sureties as aforesaid, in the manner and for the term above mentioned ; 
 and for your so doing, &c. 
 
 N.B. The. costs of these proceedings, where the party is committed, 
 would seem to be recoverable as in cases where the punishment is 
 imprisonment only. (General Forms No. 49 (P. 3) 51, ante, 
 p. 4648.) 
 
 FIREWORKS. 
 
 Id. p. 114. 1. Making or Selling. (9 & 10 Will. 3, c. 7, s. 2.)] did make [or 
 
 cause to be made, or give, sell, or offer to sale] unto one E . F. certain 
 fireworks, to wit, ten squibs, 
 
 [or certain cases, to wit, two cases [or moulds] for making ser- 
 pents], 
 contrary, &c. 
 
 2. Permitting Fireworks to be thrown from a House into the Street, 
 fyc. (Id,)] did permit certain fireworks, to wit, ten squibs, to be cast, 
 thrown and fired out of and from the dwelling-house of him the said 
 A. B. there situate, into a certain public street [or highway, road or 
 passage] there, called , contrary, &c. 
 
 3. General Forms to be used in enforcing the Conviction, No. 39 (1. 1), 
 ante, p. 38, for the above Offences.'] Distress Warrant, &c., No. 53 
 (N. 1) 58, ante, p. 5052. 
 
 4. Casting Fireworks into Street, 4" c - (Id- s. 3.)] did throw, cast 
 and fire certain fireworks, to wit, twenty rockets, into a certain public 
 street [or house, shop, river, highway, road, or passage] there situate, 
 called , contrary, &c. 
 
 5. General Form for enforcing the Conviction for this Offence, No. 40 
 (I. 2), ante, p. 39.] Commitment, No. 52 (O. 1), ante, p. 49. 
 
 FISHERIES. 
 
 Id. p. 116 ^1. Destroying Salmon, ^c., with Lime, Sfc. (58 Geo. 3, c. 43, s. 3.)] 
 
 Offences? 10. did pursue [or take, kill or destroy] certain salmon [or salmon trout 
 (11 & 12 Viet. c. 52, s. 2)], to wit, three salmon, then and there being 
 in a certain river there situate [or there running between [or forming] 
 the bounday of the said [county~] of C. and the adjoining [county'] of S.], 
 contrary, &c. 
 
 [or did seek and endeavour to take [or kill or destroy, pursue, hurt 
 or injure certain salmon, &c.], to wit, three salmon, then and 
 there being in [ ], by then and there laying and using cer- 
 tain hot lime in the said river [or state the means as the case 
 may be~], 
 contrary, &c.
 
 CHAP, ii.] FISHERIES-FRAMES-GAME. Ill 
 
 2. General Forms to be used in enforcing the Conviction, No. 39 Oke's Synop. 
 (I. 1), ante, p. 38.] Distress warrant, &c. No. 53 (N. 1) 58, ante, p. 2nd ed. p. 116. 
 50 52. The variation in either of the forms, when a second conviction, 
 will be as directed in the general consolidated form of conviction, No. 42, 
 ante, p. 40. 
 
 FRAMES. 
 
 Not returning Frame after Notice. (28 Geo. 3, c. 55, s. 1.)] Then 
 being a frame-work knitter, renting and taking to hire a stocking frame 
 of [the said] C. D. 
 
 [and if the fact, with a certain machine to be employed therewith, 
 
 called ] 
 
 did then and there refuse to yield up and re-deliver the said stocking- 
 frame [with the said machine therewith let] to the said C. D., after four- 
 teen days previous notice for such purpose before then duly given, ac- 
 cording to the statute in that behalf, although the said A. B. was then 
 and there requested so to do by the said C. D., but hath therein made de- 
 fault, contrary, &c. 
 
 The general forms to be used in enforcing the conviction, No. 40, (I. 2) 
 ante, p. 39, will be commitment, No. 52 (O. 1), ante, p. 49. 
 
 GAME. 
 
 I. Trespass in Search of. Id. p. \\Q. 
 
 II. Killing without Certificate. 127. 
 
 III. Killing on Sunday, fyc. 
 
 IV. Killing out of Season. 
 
 V. Selling without Certificate. 
 
 VI. Buying, 4'C. unlawfully. 
 
 VII. Offences by Licensed Dealers, fyc. 
 
 VIII. Offences by Occupiers. 
 
 IX. Night Poaching. 
 
 X. Sporting without Certificate. 
 
 GENERAL OBSERVATIONS. The Information for all of the offences 
 (excepting offences Nos. 19,20, Oke's Syn.,2d ed. p. 120, Forms No. 15 
 and 16, post) in the first eight divisions of this title may be drawn in 
 the General Form No. 3, ante, p. 25 (a), adding at the foot or indorsing 
 on the back, the Deposition of the witness to the offence, required by 
 the 6 & 7 Will. 4, c. 65, s. 9, to be made by another person than the in- 
 former, as follows : 
 
 " And E. F. of the parish of , in the said county of , a cre- 
 dible witness in this behalf, cometh also in his proper person 
 before me the said justice, on the day and year first above men- 
 tioned, after the exhibiting of the above [within] information, 
 but before any proceeding had or taken thereupon, either for 
 
 (a) The published forms drawn by Mr. Greaves may still safely be used, 
 although since Jervis's Act, (11 6c 12 Viet. c. 43,) they are unnecessarily long, 
 especially the Information ; the statements, or mode of describing the offences, 
 have in this collection, however, been taken generally from those forms, as they 
 do not admit of abridgement.
 
 112 
 
 Oke's Synop. 
 2nd ed. 
 
 Summary Convictions and Orders. [PART i. 
 
 summoning the said A. B., the party accused, or compelling his 
 appearance to answer the same, and upon his oath duly deposes 
 and swears that the charge contained in the said information is 
 true and correct." 
 
 The Summons would be in the General Form No. 8 (A.), ante, p. 26, the 
 only variation being to add after the usual recital of the information : 
 
 " And whereas after the exhibiting of the said information, but before 
 any proceeding had or taken thereupon, the matter and charge 
 contained in the said information is now duly deposed to before 
 me, the said justice, upon the oath of E. F., of the parish of 
 
 , in the said county of , a credible witness, according 
 
 to the form of the statute in such case made and provided." 
 The warrant, where the summons is disobeyed, and also the warrant in 
 the first instance (b), will also be the same as the General Forms No. 10 
 (B.) and 11 (C.), ante, pp. 26, 27, placing the variation as directed for 
 the summons, supra. The conviction, as well as the necessary forms to 
 be used in enforcing them, are the same without exception as in the 
 General Forms in Jervis's Act, the description of the offence, as here 
 shown, being all that is wanting, with names, dates, and sums, to perfect 
 them. 
 
 The information for the offences under the ninth division (" Night 
 Poaching'') of this title, as well as for those described in Forms No. 15 
 and 16, post, may be drawn in the General Form No. 1, ante, p. 23, 
 on oath, without any deposition by another person, the statute 6 & 7 
 Will. 4, c. 65, s. 9, applying only to offences prosecuted under the 1 & 2 
 Will. 4, c. 32. The other forms will be the same as the General Forms 
 in Jervis's Act, with the exception of the special variations hereafter 
 shown in particular cases. 
 
 I. TRESPASS IN SEARCH OF. 
 
 Offences 1,2, 1. In Search or Pursuit alone. (1 & 2 Will. 4, c. 32, s. 30.)] did 
 p. 118. unlawfully commit a certain trespass by entering [or being] in the day 
 
 time of tha same day upon a certain * piece of land in the possession and 
 occupation of F. G. there, in search [or pursuit] of game, [if known, 
 say, to wit, a partridge, or woodcocks, snipes, quails, landrails, and 
 conies,] there, without the licence or consent of the owner of the land so 
 trespassed upon, or of any person having the right of killing the game 
 upon such land, or of any other person having any right to authorize the 
 said A. B. to enter or be upon the said land for the purpose aforesaid, 
 contrary, &c. 
 
 Id. Offence 3. 2. The like, to the Number of Five or more. (Id).] did, together 
 with other persons as yet unknown, [or together with E. F., F. G., and 
 other persons as yet unknown,] to the number of five and more, unlaw- 
 fully commit, &c. [follow as in Form No. 1, supra, to the end.~] 
 
 Id. Offence 4. 3. Trespasser refusing to tell his Name, SfC. (Id. s. 31.) ] was found 
 on a certain piece of land in the possession and occupation of F. G. there 
 [or upon a certain forest [park, &c.,] belonging to her Majesty, called 
 
 (b) Before the passing of Jervis's Act it was necessary, in order to authorize 
 the issue of this warrant, for the witness to depose " that the party was likely 
 to ahscond," (] fit 2 Will. 4, c. 32, s. 41 ) ; but now only an oath, ' substan- 
 tiating the matter of such information'' is necessary, (see 11 & 12 Viet. c. 43, 
 s. 2, Arch. ed. p. 101 ; Saund. ed. p. 89 ; and Oke's Syn. 2d ed. p. 21.)
 
 CHAP. ii.J GAME. 113 
 
 ] in the day-time of the same day, there in search [or pursuit] of Oke's Synop. 
 game, [or woodcocks, &c.] there, without due licence and authority for 2nd ed. p. 118. 
 that purpose, and that the said A. B. was then and there required by the 
 said F. G., then being the occupier of the said land, 
 
 [or by G. H., being then the servant [or game-keeper] of the said 
 
 F. G., then being the occupier of the said land,] 
 
 forthwith to quit the said land whereon he was so found, and also to tell 
 his Christian name, surname, and place of abode; and that the said A.B. 
 did then and there, after being so required as aforesaid,* offend, by then 
 and there refusing to tell his real name [or place of abode], contrary, &c. 
 
 4. Giving an illusory Description. (Id.)] Proceed to the asterisk * in Id. Offence 5. 
 Form No. 3 above, then: offend, by then and there giving such a general 
 description of his place of abode as was illusory for the purpose of dis- 
 covery, to wit, that it was in London [or as the case may be], contrary, &c. 
 
 5. Continuing or returning upon the Land. (Id.)] Proceed to the Id. Offence 6. 
 asterisk * in Form No. 3, supra, then : offend, by then and there wil- 
 fully continuing [or returning] upon the said land for a long space of time, 
 
 to wit, [half an hour], contrary, &c. 
 
 6. Trespassers found armed and using Violence. (Id. s. 32.)] to- Id. Offences?, 8. 
 gether with other persons as yet unknown, [or together with E. F., F. G., 
 
 and other persons as yet unknown,] to the number of five and more, 
 were found on a certain piece of land in the possession and occupation of 
 F. G. there, [or upon a certain forest [or park, &c.,] belonging to her 
 
 Majesty, called ,] in the day-time of the same day, there in search 
 
 [or pursuit] of game [or woodcocks, &c.] there, without due licence and 
 authority for that purpose, the said A. B. [or one of the said persons, to 
 wit, E. F.] being then and there armed with a gun, and that the said 
 A.B. [or one of the said several persons, to wit, E. F.] then and there, 
 by violence [or intimidation or menace], to wit, [describe the violence, Sfc.~] 
 did then and there prevent 
 
 [or endeavour to prevent] 
 
 the said C. D. [or one G. H., being then the servant of the said I. K., 
 the occupier of the said land, [or as the case may be,~\ from approaching 
 the said A. B., and the said other persons, so then and there found as 
 aforesaid, for the purpose of then and there requiring them to quit the 
 said land whereon they were so found, [or requiring them to tell their 
 Christian names, surnames, and places of abode respectively,] con- 
 trary, &c. 
 
 7. Aiding or abetting in last described Offence. (Id.)] Proceed with Id. Offence 9. 
 offence against the principal or principals as above, then describe the aiding 
 
 as in the general form of information, No. 6, ante, p. 26. 
 
 8. In Search, or Pursuit, in her Majesty's Forests, #c. (Id. s. 33.)] Id. Offence 10. 
 Proceed to the asterisk * in the Form No. 1, ante, p. 112, and then thus: 
 
 forest [or park, chase, or warren] there called , in search [or pursuit] 
 
 of game there, without being duly authorized so to do, contrary, &c. 
 
 II. KILLING WITHOUT CERTIFICATE. 
 
 9. Killing or taking Game without Certificate. (Id. s. 23.)] did id. Offence 11 
 unlawfully kill [or take] certain game, to wit, one partridge, he, the said p. 120. 
 A. B., not being then and there authorized so to do for want of a game 
 certificate, contrary, &c.
 
 134 Summary Convictions and Orders. [PAKT i. 
 
 Oke's Synop. 10. Using a Dog, Snare, Sfc., to take Game. (Id.)] did unlawfully 
 2nd ed. p. 120. use a certain dog, to wit, a greyhound, for the purpose of then and there 
 Id. Offence 12. searc hing for [or taking] 
 
 [or a certain gun, for the purpose of then and there killing] 
 
 [or a certain engine or instrument, to wit, a snare, for the purpose of 
 
 then and there taking] , 
 
 game, [if known, say, to wit, one hare] on certain land in the occupation 
 of one E. F., there situate, he, the said A. B., not being then and there 
 authorized so to do for want of a game certificate, contrary, &c. 
 
 Id. Offence 13. 11. Officers in the Army taking, c. Game. (12 & 13 Viet. c. 10. 
 a. 93.) (Mutiny Act.)] being then and there an officer in her Majesty's 
 army, did then and there take [or kill, or destroy,] certain game, to wit, 
 one hare, without any leave in writing for so doing had or obtained from 
 the person entitled to grant such leave, contrary, &c. 
 
 Id. Offences 14, 12. Laying Poison to kill Game. (1 & 2 Will. 4, c. 32, s. 3.)] did 
 15. put [or cause to be put] certain poison, [or poisonous ingredients], to wit, 
 
 , in certain open [or inclosed] ground there called , where game 
 
 then usually resorted, 
 
 [or in a certain highway there called ,] 
 
 with intent thereby then and there to destroy [or injure] the said game, 
 
 contrary, &c. 
 
 Id. Offences 16, 13. Taking Eggs, or destroying them in the Nest. (Id. s. 24.)] did 
 
 17. wilfully take out of a certain nest, 
 
 [or destroy in a certain nest,] 
 
 then being found upon certain land there called , [or in the occupa- 
 tion of one E. F.] seven eggs of a certain bird of game, to wit, a partridge, 
 [SfC. or eggs of a swan, wild duck, teal, or widgeon,] he, the said A. B., 
 not having then and there the right to kill game upon the said land, and 
 not having then and there permission so to do from any person having 
 such right, contrary, &c. 
 
 Id. Offence 18. 14. Having Eggs in Possession. (Id.)] did knowingly have in his 
 house there situate [or shop, possession, or control,] seven eggs of a cer- 
 tain bird of game, to wit, a partridge, &c. [or eggs of a swan, wild duck, 
 teal, or widgeon,] which had been theretofore wilfully taken out of a cer- 
 tain nest upon certain land there, called , [or in the occupation of 
 
 one E. F.,] he, the said A. B., then and there well knowing the said eggs 
 to have been so taken as aforesaid, and not having then and there per- 
 mission so to do from any person having such right, contrary, &c. 
 
 Directions for Convictions (No. 40 (I. 2), ante, p. 39) for Offences de- 
 scribed in Forms No. 13 and 14, supra.~] Add after the amount adjudged 
 for thewhole of the eggs: being after the rate of [five shillings] for every 
 egg so taken [or destroyed, or had] by the said A. B. as aforesaid. 
 
 Id. Offence 19. 15. Killing or taking Hares or Conies in Warrens in the Day-time. 
 (7 & 8 Geo. 4, c. 29, s. 30.)] did unlawfully and wilfully in the day- 
 time of the same day, to wit, about the hour of o'clock in the 
 
 -noon, take [or kill] certain hares [or conies,] to wit, three hares, for 
 
 conies, J then and there found in a certain warren [or ground] of one E.F. 
 there situate, (not being any sea-bank, or river-bank, in the County of 
 Lincoln, so far as the sea extended, or within one furlong of such bank,) 
 and then lawfully used for the breeding [or keeping] of hares [or conies], 
 contrary, &c.
 
 CHAP, ii.] GAME. 115 
 
 16. Setting Snares for taking Hares, fyc. in Warrens. (Id-)] did Oke's Synop. 
 unlawfully and wilfully set [or use] a certain snare [or engine.] to wit, 2nd ed. p. 120. 
 
 , for the purpose of then and there taking hares [or conies] in a cer- Offence 20. 
 
 tain warren [or ground] of one E. F. there situate, [4~c. follow to the end 
 
 of Form No. 15, ante.] 
 
 III. KILLING ON SUNDAY, &c. 
 
 17. Killing or taking Game on Sunday or Christmas Doy. (1 & 2 Id. Offence 21, 
 Will. 4, c. 32, s. 3.)] being Sunday [or Christmas Day], did kill [or p. 122. 
 
 take] certain game, to wit, one hare, contrary, &c. 
 
 18. Using a Dog, Engine, fyc. on Sunday, fyc. (Id.)] being Sunday Id. Offence 22. 
 [or Christmas Day], did use a certain dog, to wit, a greyhound, for the 
 
 purpose of then and there taking 
 
 [or a certain gun [or net, or engine, to wit, a snare,] for the purpose 
 
 of then and there killing] 
 [certain] game, [to wit, one hare], contrary, &c. 
 
 IV. KILLING OUT OF SEASON. 
 
 19. Killing or taking between certain Dates. (Id. a. 3.)] being be- Id. Offence 23 
 tween the 1st of February last and the 1st of September last [or instant], 28. 
 
 did kill [or take] two partridges, 
 
 [or pheasant, or black game (if between 10 December and 20 August, 
 add : " not being in the county of Somerset or Devon or in the 
 New Forest in the county of Southampton,") or grouse, com- 
 monly called red game, or any bustard,] 
 there, contrary, &c. 
 
 [See Oke's Syn. 2nd edit. p. 122, for the times]. 
 
 V. SELLING WITHOUT CERTIFICATE. 
 
 20. Uncertiftcated or unlicensed Person selling. (Id. s. 25.)] not Id. Offence 29. 
 having obtained and not having a game certificate, and not being then and 
 
 there a person duly licensed to deal in game according to the statute in 
 that behalf, did then and there sell [or offer for sale] certain game, to wit, 
 two partridges, to one E. F., contrary, &c. 
 
 21. Certificated Person selling to an unlicensed Person. (Id.)] being id. Offence 30. 
 then and there authorized to sell game by virtue of a game certificate, did 
 
 then and there sell [or offer for sale] certain game, to wit, two partridges, 
 to one E. F., he the said E. F. not then and there being a person licensed 
 to deal in game according to the statute in that behalf, contrary, &c. 
 
 Directions for Convictions (No. 40 (1.2), ante, p. 39, for Offences 
 described in Forms No. 20, 21, supra.~\ Add after the amount adjudged 
 for the whole of the birds, " being after the rate of [one pound] for every 
 head of game so sold by the said A. B. as aforesaid." 
 
 VI. BUYING, &c. UNLAWFULLY. 
 
 22. Buying Game from anunlicensed Person. (Id. s. 27.)] not being id. Offence 31, 
 then licensed to deal in game according to the statute in that behalf, did p. 122. 
 
 then and there buy certain game, to wit, two partridges, from one E. F., 
 he the said E. F. not being then and there a person licensed to deal in 
 
 i 2
 
 116 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. game according to the statute in that behalf, and not having then affixed 
 2nd ed. p. 122. to the outside of the part of his house [or shop or stall] a board purport- 
 ing to be the board of a person licensed to deal in game, contrary, &c. 
 
 Id. Offences 32, 23. Unlicensed Person buying or selling Birds of Game ten Days after 
 
 33. lawful Time. (Id. s. 4.)] not then being a person licensed to deal in 
 
 game according to the statute in that behalf, did then and there* buy [or 
 
 sell] certain birds of game, to wit, two partridges, after the expiration of 
 
 ten days from the first day of February [or as the case may be, with other 
 
 birds of game'} in the year aforesaid, to wit, on the s'aid day of , 
 
 contrary, &c. 
 
 Id. Offence 34. 24. Unlicensed Person having Possession after forty Days. (Id.)] 
 Proceed as in Form No. 23, supra, to the asterisk*, and then : knowingly 
 have in his house [or shop, stall, possession or control] there situate, certain 
 birds of game, to wit, two partridges, the same not being then and there 
 kept in a mew or breeding-place, after the expiration of forty days from 
 the first day of February [or as the case may be, with other birds <>fgume~\ 
 in the year aforesaid, to wit, on the said day of , contrary, &c. 
 
 Directionsfor Convict ions. ~\ These will be similar to those above under 
 Division V. of this title, except it should be " so bought [or sold or found, 
 as the case may be~\ as aforesaid." 
 
 VII. OFFENCES BY LICENSED DEALERS, &c. 
 
 Id. Offence 35, 25. Licensed Dealer buying from an uncertificated or unlicensed Person. 
 
 p. 124. (Id. s. 28.)] being then licensed to deal in game according to the statute 
 
 in that behalf, did then and there buy [or obtain] certain game, to wit, 
 two partridges, from one E. F., he the said E. F. not being then and there 
 authorized to sell game, for want of a game certificate and for want of a 
 licence to deal in game, contrary, &c. 
 
 Id. Offence 36. 26. Selling without Board outside his Shop. (Id.)] being licensed to 
 deal in game according to the statute in that behalf, did then and there * 
 sell [or offer for sale] certain game, to wit, two partridges, to one E. F. 
 at his house [or shop or stall] there situate, without such a board as required 
 by the statute in that behalf being then affixed to any part of the outside 
 of the front of the said house [or shop or stall], contrary, &c. 
 
 Id. Offence 37. 27. Affixing Board to more than one House, c. (Id.)] Proceed to 
 the asterisk* in Form No. 26, supra, and then: affix [or cause to be 
 affixed] such board as is by the statute in that behalf required to be affixed 
 to part of the outside of the front of his house [or shop or stall] to more 
 
 than one house [or shop or stall], to wit, to a house situate in street, 
 
 in the parish of aforesaid, and to another house situate in street, 
 
 in the same parish, contrary, &c. 
 
 Id. Offence 38. 28. Selling at any other Place than where Board is affixed. (Id.)] 
 Proceed to the asterisk * in Form No. 26, supra, and (hen : sell certain 
 game, to wit, two partridges, to one E. F. at a certain place, to wit, a 
 house [or as the case may be~\ in street, in the parish of afore- 
 said, being other than the house [or shop or stall] where such board as 
 required by the statute in that behalf had been affixed by the said A. B., 
 contrary, &c.
 
 CHAP, ii.] GAME. 117 
 
 29. Selling or having Possession of Birds of Game ten Days after late- Oke's Synop. 
 ful Time. (Id. s. 4.)] Proceed to the asterisk* in Form No. 26, supra, 2nd ed. p 124. 
 and then: buy [or sell], Offence39 41. 
 
 [or knowingly have in his house [or shop, stall, possession or control] 
 
 there,] 
 
 certain birds of game, to wit, two partridges, after the expiration of ten 
 days from the first day of February [or as the case may be in the case of 
 
 other birds], in the year aforesaid, to wit, on the said day of , 
 
 contrary, &c. 
 
 Directions for Convictions (No. 40 (I. 2) ante, p. 39,) for Offences de- 
 scribed in Forms No. 25 29, supra.] These are similar to those given 
 above under Division VI. of this title. 
 
 30. Unlicensed Person assuming to be licensed. (Id. s. 28.)] not Id. Offence 42. 
 being then and their licensed to deal in game according to the statute 
 
 in that behalf, did then and there assume and pretend that he was then 
 and there a person licensed to deal in game, by then and there affixing a 
 board with the words "A. B., licensed to deal in game," to part of the 
 outside of the front of his house [or shop or stall] there situate, 
 
 [or by then and there exhibiting in the window of his house [or 
 shop or stall] there situate, a certain paper purporting to be a 
 certificate of [three~\ of her Majesty's justices of the peace for 
 
 the said , authorizing the said A. B. to deal in game, 
 
 which certificate was false and forged], 
 contrary, &c. 
 
 VIII. OFFENCES BY OCCUPIERS. 
 
 31. Pursuing, killing or taking Game, where not entitled. (Id. Id. Offence 43. 
 s. 12.)] then being the occupier of a certain piece of land there situate, 
 
 called , and the right of killing the game upon such land then being 
 
 by the statute in that case made and provided given to [the said] C. D., 
 the landlord [or lessor] thereof, in exclusion of the right of the said 
 A. B., the occupier of such land, 
 
 [or if the offence be contrary to his lease, instead of and the right, &c., 
 
 say, the exclusive right of killing the game upon such land 
 
 then having been and being specially reserved by or granted to 
 
 and then belonging to C. D., the lessor [or landlord] thereof], 
 
 did then and there * pursue and kill [or take] certain game, to wit, two 
 
 partridges upon such land without the authority of the said C. D., his 
 
 landlord, as aforesaid, contrary, &c. 
 
 32. Giving permission to any other Person to do so. (Id.)] Proceed Id. Offence 44. 
 to the asterisk* in the Form No. 31, supra, and then : give to one E. F. 
 
 permission to pursue [or kill or take] game upon the said land, without 
 the authority of the said C. D., the landlord [or lessor] as aforesaid, 
 contrary, &c. 
 
 Direction for Conviction (No. 40 (I. 2), ante, p. 39,) for Offence 
 described in Form No. 31, supra.] Add, after the total amount adjudged 
 
 for the pursuit as well as the killing or taking, the sum of for such 
 
 pursuit as aforesaid, and after the rate of [one pound] for the head 
 of game so killed [or taken] as aforesaid, to be respectively paid and 
 applied, &c.
 
 118 
 
 Summary Convictions and Orders. [PART I. 
 
 Oke's Synop. 33. General Form to be used in enforcing the Conviction, (No. 40, 
 2nd ed. p. 124. (1. 2), ante, p. 39),for all the foregoing Offences] ; Commitment, No. 52, 
 (O. 1), ante, p. 49. 
 
 IX. NIGHT POACHING. 
 
 Offence 45. 34. Taking or destroying Game or Rabbits by Night. (9 Geo. 4, 
 
 c. 69, s. 1.)] about the hour of in the night of the same day, by 
 
 night unlawfully did take [or destroy] certain game, to wit, two par- 
 tridges, 
 
 [or take [or destroy] one rabbit,]* 
 
 in a certain close of land called , in the occupation [or the property] 
 
 of C. D., [or in certain open land called , in the occupation [or the 
 
 property] of C. D.], [or in a certain wood called , in the occupation 
 
 [or the property] of C. D.] there situate, contrary to the form of the 
 statute in such case made and provided, (the same being his [first] 
 offence), [or add the averment of a previous conviction, us in the General 
 Form No. 4, ante, p. 25.] 
 
 Id. Offence 46. 35. The like on a Public Road, Highway, S?c. (Id. and 7 & 8 Viet, 
 c. 29, s. 2.)] Proceed to the asterisk * in Form No. 34, supra, and then : 
 in [or on the side of ] a certain public road [or public highway or 
 public path], 
 
 [or at a certain opening or outlet or gate], from a certain close 
 
 called , in the occupation [or the property] of C. D., into 
 
 a certain public road [or public highway or public path], 
 there situate, leading from to [or called the lane,] con- 
 trary, &c. [as in No. 34, supra.] 
 
 Id. Offence 47, 36. Entering by Night on Land with Gun to take or destroy Game. 
 
 p. 126. (9 Geo. 4, c. 69, s. 1.)] about the hour of in the night of the 
 
 same day, by night unlawfully did enter and was in a certain close of 
 
 land called , in the occupation [or the property] of C. D., [or wood 
 
 called , in the occupation [or the property] of C. D.], [or open 
 
 land, the property of C. D.] there situate, with a certain gun [or net or 
 engine, to wit, a snare,] for the purpose then and there by night as afore- 
 said of taking [or destroying] game [if known, say, to wit, partridges] 
 there, contrary, &c. [as in Form No. 34, supra.] 
 
 37. Convictions for Offences described in the Forms No. 35, 36, supra, 
 whether for a First or Second Offence.] These will be the same as the 
 General Form No. 41 (I. 3), ante, p. 39, adding, after the words " for the 
 
 space of ," the following as to the sureties : " and at the expiration 
 
 of such period to find sureties by recognizance, himself in the sum of 
 
 pounds, and two sureties in the sum of pounds each, or one surety 
 
 in the sum of pounds, conditioned that the said A. B. shall not so 
 
 offend again for the space of next following ; and we further 
 
 adjudge the said A. B., in case he shall not find such sureties as aforesaid, 
 to be further imprisoned and kept to hard labour for the space of 
 unless such sureties shall be sooner found ; and we also adjudge the said 
 
 A. B. to pay to the said C. D. the informant the sum of for his 
 
 costs," &c. [as in No. 41, ante, p. 39, to the end.] 
 
 38. General Forms to be used in enforcing the altered Conviction, 
 (No. 37, supra.)] Commitment, No. 48 (P. 1), ante, p. 46, adding in 
 the command to the keeper of the gaol, after the words "for the space of
 
 CHAP. ii.J GAME. 119 
 
 ," the following as to the sureties : "and if at the expiration of such Oke's Synop. 
 
 period the said A. B. shall not find sureties by recognizance, himself in 2nd ed. p. 126. 
 
 the sum of pounds, and two sureties in the sum of pounds 
 
 each, or one surety in the sum of pounds, conditioned that the said 
 
 A. B. shall not so offend again for the space of next following, 
 
 then that you the said keeper further imprison the said A. B. in your 
 custody in the said [house of correction], and him there keep to hard 
 
 labour for the space of , unless such sureties shall be sooner found ; 
 
 and for your so doing this shall be your sufficient warrant." 
 
 The Forms for the recovery of the costs upon the conviction will be, 
 Distress Warrant, No. 49 (P. 3j, ante, p. 46; Commitment in Default, 
 No. 50, ante, p. 47, and Commitment forthwith for an additional term 
 for the costs, No. 51, ante, p. 48 (a). 
 
 39. Recognizance of Offender and Sureties not so to offend again, to be 
 vsed on a Conviction for a First or Second Offence.] This will be the 
 same as the General Form No. 13 (E.), ante, p. 28, the condition being 
 as follows : The condition of the within written recognizance is such, that 
 
 whereas the said A . B. was on the day of last duly convicted 
 
 by and before J. P. and J. L., Esquires, two of her Majesty's justices of 
 
 the peace in and for the said county of , for that he the said A. B., 
 
 on the day of , at the parish of in the same county [here 
 
 describe the offence as in the conviction], contrary, &c. (the same being 
 his [first ] offence) ; if therefore he the said A. B. shall not so offend again 
 
 for the space of next following, then the said recognizance to be 
 
 void, or else to stand in full force and virtue. 
 
 40. Notice thereof to Offender and Sureties, or Surety, .] Take notice that 
 
 you A. B. are bound in the sum of pounds, and you L. M. [and 
 
 M. N.] in the sum of pounds [each], that you A. B. do not offend 
 
 again for the space of next following, by committing the offence of 
 
 [here describe it shortly,] of which yoa the said A. B. was on the day 
 
 of last duly convicted (the same being your [Jirsf] offence) ; and 
 
 in case you A. B. do so offend again before the expiration of next 
 
 following, the recognizance entered into by you A. B. and L. M. [and 
 M. N.] as your surety [or sureties] will be forthwith levied on you and 
 him [or them.] 
 
 Dated this day of , 1850. 
 
 J. S., 
 Justice of the peace for the county of . 
 
 X. SPORTING WITHOUT CERTIFICATE. 
 
 ** The forms under-mentioned are only for use where a justice it 
 also a commissioner of taxes, but not for commissioners, the proceedings of 
 the latter not being within Jerms's Act. 
 
 Information on 52 Geo. 3, c. 93, Sched. (L.), s. 12.] The information id. p. 260. 
 
 and complaint of C. D., of the parish of , in the county of C., sur- Offence 4. 
 
 veyor of taxes of and for the said county of C. [or assessor of the same 
 parish,] made before the undersigned, one of her Majesty's justices of the 
 
 (a) This will be rather a long Form, in consequence of the special matter 
 relating to the sureties being inserted, but it cannot be shortened.
 
 120 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. peace for the said county of C., and also one of the commissioners for 
 2nd ed. p. 260. executing an act made and passed in the fifty-second year of the reign of 
 King George the Third, intituled, " An Act for granting to his Majesty 
 certain new and additional Duties of Assessed Taxes, and for consolidating 
 the same mith the former Duties of Assessed Taxes," and the several other 
 acts relating to the duties of assessed taxes, acting as such commissioner 
 in the district of N., in the county aforesaid, who saith, that A. B., of the 
 
 parish of , in the county aforesaid, heretofore and within three 
 
 calendar months before the date of this information, to wit, on the 
 
 day of , at the parish of , in the district and county aforesaid, 
 
 did use a certain 
 
 in a certain , not being a warren or inclosed 
 
 ground, for the purpose of taking and killing conies there, he the said 
 A. B. then and there not being the proprietor or tenant of the said lands, 
 nor doing the said act by the direction or command of the proprietor or 
 tenant thereof, 
 
 [or did use a certain for the purpose of taking or killing game 
 
 there,] 
 
 without having obtained such certificate as is directed by the statute in 
 that case made and provided, in order to an assessment for the year 
 wherein the said A. B. did so use such , contrary, &c. 
 
 42. General Forms to be used in enforcing the Conviction, (No. 39 
 (1. 1), ante, p. 38, for the offences described in Form, No. 41, supra] ; Dis- 
 tress Warrant, &c., No. 53 (N. 1) 58, ante, pp. 5052. 
 
 GAMING HOUSES. 
 
 Id. p. 126, 1' Keeping common. (8 & 9 Viet. c. 109, s. 4.) ] did unlawfully 
 
 Offence 1. keep a certain common gaming house, at , in the parish aforesaid, 
 
 and in the said common gaming house for lucre and gain, unlawfully 
 and wilfully did cause and procure divers idle and evil disposed persons 
 
 to frequent and come to play together at a certain unlawful game of , 
 
 called , and then and there in the said common gaming house un- 
 lawfully and wilfully did permit and suffer the said idle and evil disposed 
 persons to be and remain playing and gaming at the said unlawful game 
 called , for divers large and excessive sums of money, contrary, &c. 
 
 Id. Offence 2. 2 - Keeping Billiard Table, <-c. without Licence. (Id. s. 11.)] did un- 
 lawfully keep in his house there situate a public billiard table [or bagatelle 
 board, or as the case may be,~\ for public use without being duly licensed 
 so to do, and the said A. B. not then holding a victualler's licence for the 
 house where the said billiard table was so then and there kept and used, 
 contrary, &c. 
 
 3. General Forms to be used in enforcing the Convictions, (No. 41 
 (1.3), ante, p. 39; or No. 39 (I. 1), ante, p. 38; Commitment, No. 
 48 (P. 1), ante, p. 46; or Distress Warrant, &c. No. 53 (N. 1) 58, 
 ante, pp. 5052. 
 
 Id. Offences Offences against the Tenor of Billiard or Bagatelle Licence.'] These 
 
 -12, and 16. offences are nearly similar to those in an Alehouse Licence, (tit. Alehouses, 
 ante, p. 66) ; but the defendant may be described as 
 
 " then being duly licensed to keep a house for public billiard playing 
 
 at No. , in Street, in the said parish, pursuant to the 
 
 provisions of the statute in that behalf."
 
 CHAP, ii.] GAOLS AND HOUSES OF CORRECTION. 121 
 
 Oke's Syn. 2nd 
 GAOLS AND HOUSES OF CORRECTION. ed. P :i28. 
 
 1. Carrying Liquors into Prison (4 Geo. 4, c. 64, s. 40.)] did, in Offences 1,2. 
 contravention of the existing rules, carry [or bring] 
 
 [or attempt or endeavour to carry or bring] 
 
 into a certain prison there situate, to which the act of parliament made 
 and passed in the fourth year of the reign of his late Majesty King George 
 the Fourth, intituled, " An Act for consolidating and amending the Laws 
 relating to the Building, Repairing, and Regulating of certain Gaols and 
 
 Houses of Correction in England and Wales," to wit, the gaol at , in 
 
 and for the said [county] of , certain spirituous and fermented liquor, 
 
 to wit, one quart of gin, contrary, &c. 
 
 2. General Form to be used in enforcing the Conviction, (No. 40 
 (I. 2), ante, p. 39] ; Commitment, No. 52, (O. 1), ante, p. 49. 
 
 3. Keeper of Prison permitting Liquors to be sold or brought into. (Id.)] Id. Offences 
 then being the keeper of a certain prison there situate, to wit, the gaol 35. 
 
 at , in and for the said [county] of , did sell [or use, lend, or give 
 
 away,] 
 
 [or knowingly permit, or suffer to be sold, or used, lent, or given 
 
 away,] 
 in such prison to one E. F. 
 
 [or to be brought into such prison,] 
 
 certain spirituous and fermented liquor, to wit, one quart of gin, con- 
 trary, &c. 
 
 4. General Forms to be used in enforcing the Conviction, (No. 39 
 (I. 1), ante, p. 38]; Distress Warrant, No. 53, (N. 1) 58, ante, pp. 50 
 52. 
 
 5. Conveying Articles into Prison against Rules. (2 & 3 Viet. c. 56, u, p. 130. 
 
 s. 22.)] did convey, Offences 6, 7. 
 
 [or attempt, by then and there throwing over the wall [or as the case 
 may be~\, to introduce 
 
 into a certain prison there situate, to wit, the gaol at , in and for the 
 
 said [county'] of , a certain letter [or as the case may be,] to one E. F., 
 
 a prisoner therein confined, the same not being allowed by the rules to be 
 observed in the said prison, contrary, &c. 
 
 6. The Form to be used in enforcing the conviction will be the same as 
 No. 2, supra. 
 
 7. Assaulting Officer of Prison in Execution of Duty. (5 & 6 Viet. Id. Offences 
 c. 98, s. 25.)] then being a prisoner confined in a certain prison there 8 10. 
 situate, to wit, the gaol of and for the said [county] of , and under 
 
 sentence of imprisonment [i/ 'so], did then and there assault 
 
 [or violently resist, or aid, or incite one E. F. to assault or resist] 
 
 [the said] C. D., then and there being an officer, to wit, , of the 
 
 said prison [or of a certain prison there situate, to wit, the gaol of and 
 
 for the said [county] of ,] and in the due execution of his duty as 
 
 such officer, contrary, &c. 
 
 8. The Form of Conviction for the last described offence will be either 
 No. 39 (I. 1), ante, p. 38, where a penalty, fyc. to be levied by distress, if 
 offender not under sentence; or No. 41 (I. 3), ante, p. 39, where imprison- 
 ment only adjudged and offender under sentence, the variation in which
 
 122 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. would be, after the term of imprisonment, say, in addition to the term of 
 
 2nd ed, p. 130. , remaining unexpired of the original sentence of the said A. B. 
 
 The Commitment under the conviction No. 41 will be No. 48 (P. 1), 
 ante, p. 46; and for No. 39, Distress Warrant, &c. No. 53 (N. 1) 58, 
 ante, pp. 50 52. 
 
 GUNPOWDER. 
 
 1. Carrying more than 25lbs. by Land. (12 Geo. 3, c. 61, s. 18.)] 
 convey in a certain carriage at the same time by land, to wit, in a van 
 
 called the "Daily Van," at the said parish of , a certain quantity 
 
 of gunpowder, to wit, two half barrels, containing together and in the 
 whole lOOlbs. weight of gunpowder or thereabouts, all the said gunpow- 
 der not being then and there entirely closed in a leather bag, commonly 
 called a saltpetre bag, and the said carriage in which the aforesaid gun- 
 powder was so conveyed by land not then and there having a complete 
 covering of wood, painted cloth, tarpaulin or wadmill tilts over all the gun- 
 powder therein contained, which said gunpowder and the barrels con- 
 taining the same were then and there seized and detained by one I. F., 
 one of the constables of the said parish of , contrary, &c. 
 
 2. The Conviction would be in the Form No. 41 (I. 3), ante, p. 39, 
 the adjudication being : to forfeit all the said gunpowder so conveyed 
 and detained as aforesaid, and the barrels, to wit, two half barrels, in 
 which the same was contained, to be disposed of according to the form 
 of the statute in such case made and provided, that is to say, to the use 
 of the aforesaid I. F., the person who seized and detained the same ; 
 then follow the adjudication, of costs, which would be recovered by the Gene- 
 ral Forms No. 49 (P. 3) 51, ante, pp. 4648. 
 
 3. Using Mill for making Gunpowder contrary to Act. (Id. s. 1.)] 
 did use a certain mill there situate for the making of gunpowder, the 
 said mill not being a mill or place wherein the manufacture of gunpow- 
 der was actually carried on at the time of the commencement of a certain 
 act passed in the twelfth year of the reign of his late Majesty King 
 George the Third, intituled " An Act to regulate the Making, Keeping 
 and Carriage of Gunpowder within Great Britain, and to repeal the Laws 
 heretofore made for any of those Purposes," nor wherein it hath since 
 become lawful to carry on such manufacture by licence for that purpose 
 obtained, contrary, &c. 
 
 4. The Conviction would be in the General Form No. 39 (I. 1), ante, 
 
 p. 38, stating the adjudication to be : to forfeit pounds weight of 
 
 gunpowder in the said mill by him manufactured, and also the sum of 
 
 shillings for every pound weight of the said pounds weight of 
 
 gunpowder, to be disposed of and distributed according to law. 
 
 5. Making Gunpowder with a Pestle Mill. (Id. s. 2.)] did, for the 
 making of gunpowder there, use a certain mill then and there worked 
 with a pestle, and commonly called a pestle mill, contrary, &c. 
 
 6. General Forms to be used in enforcing the convictions (No. 39 (1. 1), 
 ante, p. 38,) for offences described in Nos. 3 and 5.] Distress warrant, 
 &c. No. 53 (N. 1) 58, pp. 5052.
 
 HEALTH (PUBLIC) ACT, 1848 HIGHWAYS. 123 
 
 Oke's Synop. 
 HEALTH (PUBLIC) ACT, 1848. 2nd ed. 
 
 1. Form of Conviction given in the Schedule (E). (11 & 12 Viet. pp> 130 ~ 135 ' 
 c. 63, s. 130.) 
 
 County of ) Be it remembered, that on the day of , 
 
 [or Borough, &c.] > in the year of our Lord , A. B. is convicted be- 
 to wit. 3 fore me [or us] , one [or two] of her Majesty's 
 
 justices of the peace in and for the county [or borough, &c.] of , 
 
 [here describe the offence generally, and the time and place when and where 
 committed, in the words of this act, or as near thereunto as mat/ be], con- 
 trary to the Public Health Act, 1848; And I [or we] do adjudge that 
 the said A, B. hath forfeited for his said offence the sum of [amount of 
 
 penalty adjudged'], and that he do pay to C. D. the further sum of 
 
 as for his costs in this behalf. 
 
 Given under my hand and seal [or our hands and seals] the day and 
 year first above written. 
 
 (Signed) (L.S.) 
 
 (L.S.) 
 
 2. The Forms to be used in enforcing such Conviction would be the 
 General Forms in Jervis's Act, 11 & 12 Viet. c. 43, in Chap. I. of this 
 Collection. 
 
 HIGHWAYS (). 
 
 I. Offences by Surveyors. 
 
 II. Offences by Collector. 
 
 III. Offences by Owners and Drivers of Carts, 4*c. 
 
 IV. Nuisances. 
 
 V. Other Offences. 
 
 I. OFFENCES BY SURVEYORS. 
 
 1. Neglecting Duty. (5 & 6 Will. 4, c. 50, ss. 8, 20.)] then being Id. p. 136. 
 the surveyor [or district surveyor, or assistant surveyor] of the highways Offences I, 2. 
 for the said parish of , did then and there neglect his duty as such 
 
 surveyor, by then and there [here describe the neglect complained o/], as 
 required to do by an act passed in a session of parliament held in the fifth 
 and sixth years of the reign of his late Majesty King William the Fourth, 
 intituled " An Act to consolidate and amend the Laws relating to High- 
 ways in that part of Great Britain called England," contrary, &c. [or 
 contrary to the statute made in the fifth and sixth years of the reign of 
 his late Majesty King William the Fourth, intituled " An Act to conso- 
 lidate and amend the Laws relating to Highways in that part of Great 
 Britain called England."] 
 
 2. Surveyor not accounting. (Id. s. 42.)] That A. B. of, &c. was at Id. Offences 6 
 a meeting of the inhabitants of the parish of , in the said [county'], and 7. 
 
 duly held on the day of , duly appointed and elected to serve 
 
 the office of surveyor of the highways for the said parish for the year then 
 
 (a) Many of the Forms under this title have been taken and adapted from 
 " Stone's Hand Book of Informations," 2nd ed.
 
 124 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. next ensuing, according to the statute in that behalf. That C. D., of, 
 2nd ed. p. 136. &c., was duly appointed and served the office of surveyor of highways for 
 the said parish for the year preceding, and that the said C. D. did leave 
 and cease to hold the said office on the appointment of the said A. B. in 
 manner aforesaid. That notice of such election of the said A. B. was 
 given to the said A. B. and C. D., according to the directions of the 
 
 statute in that behalf, on the day of , and that the said C. D. 
 
 did not within fourteen days after leaving his said office, and hatli not 
 at any time since, delivered to the said A.B. certain money [or as the case 
 
 may be], to wit, , then and still due from him to the said A. B., as 
 
 such surveyor, but, on the contrary, hath neglected so to do. contrary, &c. 
 
 Id. Offence 17. 3. Leaving Heaps of Stone, fyc. (Id. s. 56.)] then being the sur- 
 veyor of the highways for the said parish of , did cause to be laid a 
 
 heap of stone [or straw, or as the case may be~\ upon a certain highway 
 
 there situate, called , and did then and there allow the same to 
 
 remain there at night, to wit, at o'clock of the night of the said day, 
 
 to the danger [or personal damage] of persons passing thereon, all due 
 and reasonable precautions not having been then and there taken by the 
 said A. B. to guard against such danger, contrary, &c. 
 
 4. General Forms to be used in enforcing the Conviction, (No. ,39, 
 (I. 1), ante, p. 38, for the above described offences]; Distress Warrant, 
 &c. No. 53 (N. 1) 58, ante, pp. 5052. 
 
 II. OFFENCES BY COLLECTOR. 
 
 Id. p. 138. 5. Not rendering Account. (Id. s. 38.)] then being collector of the 
 
 Offences 20 rates made for the maintenance of the highways of the said parish, 
 
 23. and duly appointed by and under the statute in that behalf, did then and 
 
 there refuse [or wilfully neglect] to render and give to C. D., the surveyor 
 
 of the said parish a true and perfect account in writing, as required by the 
 
 statute in that behalf so to be rendered and given, of all monies received 
 
 by the said A. B. as such collector, by virtue of the said act [or us the case 
 
 may be], the said A. B. having been theretofore thereunto duly required 
 
 by the said C. D., the said surveyor, contrary, &c. 
 
 6. The Conviction will be in the Form No. 40 (I. 2), ante, p. 39, 
 stating the imprisonment in default of the payment to be " imprisoned in 
 
 the , at , in the said [county'], and there to be kept to hard 
 
 labour for the period of , or until he shall have given a true and 
 
 perfect account as aforesaid [or delivered such list as aforesaid : or de- 
 livered up such books, papers and writings], or given satisfaction in 
 respect thereof to the said C. D., the said surveyor." 
 
 7. Commitment.'] This will be the General Form No. 52 (O. 1), ante, 
 p. 49, reciting the conviction and adjudication as in Form 6. 
 
 III. OFFENCES BY OWNERS AND DRIVERS OF CARTS, &c. 
 
 1 1. p. 138. 8 - Owner using Waggon without Name. (Id. s. 76.)] then being the 
 
 Offences 24, 25, owner of a certain waggon [or cart, or carriage], did use the same [or 
 allow the same to be used] on a certain highway there situate, called 
 
 26.
 
 CHAP, ii.] HIGHWAYS. 125 
 
 , the said waggon [or as the case may be~] not having then and there Qke's Svnop. 
 
 his name painted thereon, as required by the statute in that behalf, 2nd ed. p 138. 
 
 [or did suffer his name andidescriptiou, theretofore painted thereon 
 
 as required by the statute in that behalf, to become illegible], 
 [or did paint [or caused to be painted] on the said waggon, or as the 
 case may be, a certain false and fictitious name [or place of 
 
 abode, or trade], to wit, the name of J. M., of ], 
 
 contrary, &c. 
 
 9. Driver acting for Two Carts. (Id. s. 77.)] did unlawfully act as Id. Offence 27. 
 the sole driver of two carts [or waggons], drawn by one horse each, on a 
 
 certain highway there situate, called , the horse of the hinder cart 
 
 not being then and there attached by a rein not exceeding four feet in 
 length to the back of the cart which was then and there the foremost, 
 contrary, &c. 
 
 10. General Forms to be used in enforcing the Conviction for the 
 offences described in Forms No. 8 and 9, No. 39 (I. 1), ante, p. 38] ; 
 Distress Warrant, &c., No. 53 (N. 1) 58, ante, pp. 5052. 
 
 11. Driver or Owner riding without Guide. (Id. s. 78.)] then Id. Offence 28. 
 being the driver [and owner, if so] of a certain waggon [or cart, or car- 
 riage] on a certain highway there situate, called ,* did then and 
 
 there ride upon the said waggon [or as the case may be'} on the said high- 
 way, not having then and there any other person on foot or on horseback 
 to guide the same, the said waggon not being such a carriage as is driven 
 with reins, and is then conducted by some person holding the reins of 
 all the horses drawing the same, contrary, &c. 
 
 12. Negligently causing Damage. (Id.)] Proceed to the asterisk* Id. Offence 29. 
 in Form No. 11, supra, then: did then and there by negligence [or 
 
 wilful misbehaviour], to wit, [here describe the particularnegligence~\, cause 
 certain hurt and damage to one [or the said] C. D., then being [or pass- 
 ing] upon such highway, 
 
 [or to certain goods, to wit, then conveyed in a certain cart 
 
 there passing [or being] on such highway], 
 by then and there [here describe the hurt or damage], contrary, &c. 
 
 13. Quitting the Road. (IA.)~\ Proceed to the asterisk' 1 in Form Id. Offence 30. 
 No. 11, supra, and then : did then and there unlawfully quit the said 
 
 highway and go on the other side of the hedge [or fence] inclosing the 
 same whilst the said waggon was then and there passing upon such high- 
 way, so that he the said A. B. could not have and had not then and there 
 the direction and government of the horses [or cattle] then and there 
 drawing the same, contrary, &c. 
 
 14. Beingat improper Diatunce. (Id.)] Proceed to the asterisk* in Id. Offences 31, 
 No. 11 : was then and there negligently [or wilfully] at such a distance, 32. 
 
 to wit, fifty yards from such waggon [or in such a situation] whilst the 
 same was then passing upon the said highway, that he the said A.B. 
 could not have and had not then and there the direction and government 
 of the horses [or cattle] then and there drawing the same, contrary, &c. 
 
 15. Leaving Cart on Road. (Id.)] Proceed to the asterisk* in Form Id. Offence 33. 
 No. 11, then : did then and there leave (he said cart thereon for a long 
 
 and unreasonable space of time, to wit, one hour, so as then and there to 
 obstruct the passage of the said highway, contrary, &c.
 
 126 Summary Convictions and Orders. [PART i. 
 
 Oke's Svnop. 16- Driving without Owner's Name and refusing to discover it. (Id.)] 
 2nd ed. p". 138. Proceed to the asterisk * in Form No. 11, then : and the said waggon 
 not having then and there the owner's name painted and remaining 
 legible thereon as required by the statute in that behalf, did then and there 
 refuse to discover the true Christian name and surname of the owner or 
 principal owner of such waggon, although the said A.B. was then and 
 there required so to do, to wit, by one C. D., contrary, &c. 
 
 Id. Offence 35. 17- Not keeping proper side. (Id.)] then being the driver [and 
 owner, if so,'] of a certain waggon [or of certain horses, mules, to wit, six 
 horses, or as the case may be], on a certain highway there situate, called 
 
 ,* and then and there meeting another waggon [or as the case may 
 
 be~\, to wit, the [gig] of one C. D., did not then and there keep his said 
 waggon [or horses, or as the case may be], on the left or near side of the 
 said road, contrary, &c. 
 
 Id. Offence 36. 18. Preventing another passing. (Id.)] Proceed to the asterisk* in 
 Form No. 17, and then: did then and there wilfully prevent one [or 
 the said] C. D., the informer, from passing a certain waggon [or horses] 
 then and there under the care of the said A. B. upon the said highway, 
 contrary, &c. 
 
 Id. Offence 37. 19. Hindering another. (Id.)] Proceed to the asterisk* in Form 
 No. 11, ante, and then: did then and there by negligence [or misbe- 
 haviour], to wit, by then and there [Acre describe the particular negli- 
 gence] unlawfully prevent [or hinder, or interrupt] the free passage on 
 
 the said highway of a certain other carriage there, to wit, the of one 
 
 [or the said] C.D., 
 
 [or the free passage on the said highway of [the said] C. D.], 
 contrary, &c. 
 
 Id. Offence 38. 20. Not keeping on the left Side. (Id.)] Proceed to the asterisk* in 
 Form No. 11 ante, and then: did not then and there keep his said 
 waggon [or as the case may be] on the left or near side of the said road, 
 for the purpose of then and there allowing the free passage thereon of one 
 C. D. [or of a certain other waggon, to wit, of one C. D.], contrary, &c. 
 
 Id. Offence 39. 
 
 Id. 
 
 21. Driving furiously. (Id.)] Proceed to the asterisk* in Form 
 No. 11, ante, and then: did then and there drive the same furiously 
 thereon, so as then and there to endanger the lives and limbs of passen- 
 gers on the said highway, contrary, &c. 
 
 22. Riding furiously. (Id.)] did ride a horse [or as the case may be] 
 
 furiously on a certain highway there situate, called , so as, &c. [as 
 
 in Form No. 21 ]. 
 
 23. Commitment of a Driver committing either of the Offences described 
 in Forms No. 11 22, and taken before a Justice and refusing to discover 
 his name. (Id. s. 78)]. 
 
 and to the keeper of the [common gaol] 
 
 To the constable of 
 at . 
 
 Whereas J. N., constable of the parish of , in the county of , 
 
 hath this day brought before me, J. S. Esq., one of her Majesty's justices
 
 CHAP. II.] 
 
 Description. 
 
 Height . . . 
 Colour of Hair 
 ,, of Eyes 
 Age, apparently 
 Complexion 
 Distinctive Marks 
 Dress 
 
 HIGHWAYS. 
 
 127 
 
 of the peace in and for the said county of , at N. Oke's Syn. 
 
 in the same county, a man whose name is not known, 2nd ed. p. 142. 
 but the description of whose person is stated in the 
 margin hereof, and on oath charged him with having 
 on the day of , at the parish of , in the 
 
 said county, then being the driver of a certain waggon 
 
 on a certain highway there situate, called , then 
 
 and there [here state the offence'], and that he the said 
 J. N. saw the said offence so committed by the said man unknown ; and 
 the said man unknown being by me the said justice now required to dis- 
 cover his name, doth refuse so to do ; and in pursuance of the statute in 
 that behalf, I have adjudged that he shall be committed to the [common 
 
 gao/j at , in the said county, there to be kept to hard labour for the 
 
 space of : These are therefore to command you the said constable of 
 
 the parish of aforesaid, to take the said man unknown and him safely 
 
 convey, &c. [follow to the end of the General Form No. 48, ante, p. 46]. 
 
 24. General Form to be used in enforcing the Conviction (No. 40 
 (I. 2), ante, p. 39), for the offences described in the Forms No. 11 
 22 (a).] Commitment No. 52 (0. 1) ante, p. 49. 
 
 IV. NUISANCES. 
 
 25. Making Encroachments. (Id. s. 69.)] did encroach on a certain Id. Offences 40, 
 public carriageway [or cartway] there situate, called , by then and 41. 
 
 there making [or causing to be made] a certain building [or hedge, ditch, 
 or fence], to wit, a cowshed, within fifteen feet from the centre of the said 
 carriageway [or cartway], contrary, &c. 
 
 26. Sinking Pit, or erecting Steam Engine within twenty-Jive Yards. Id. Offences 42, 
 (Id. s. 70.)] did sink a certain pit [or shaft] 44. 
 
 [or did erect, or cause to be erected, a certain steam engine, or gin, 
 or a certan machine called a , or certain machinery at- 
 tached to a certain engine,] 
 
 [or did erect a certain windmill,] 
 within the distance of twenty -five yards [or if a windmill, fifty yards] from 
 
 a certain public carriageway [or cartway] there situate, called , the 
 
 said pit [or shaft, or engine, or as the case may be,~\ not being then and 
 there within any house or other building, or behind any wall or fence, 
 sufficient to conceal or screen the same from such carriageway, so that 
 the same might not be dangerous to passengers, horses, or cattle, con- 
 trary, &c. 
 
 27. Burning Limestone, Bricks, fyc. within fifteen Yards. (Id.)] did Id. Offence 45. 
 make [or cause to be made] a fire for burning [or calcining] ironstone 
 
 [or limestone, bricks, clay, or for the making of coke] within the dis- 
 tance of fifteen yards from a certain, &c. [conclude as in No. 26]. 
 
 (a) It has been generally thought that the person committing any of the 
 offences described in these Forms may be convicted on the " view of a Justice " 
 alone, and frequently so acted upon ; but if such power was intended, it is not 
 expressed in the section 78 ; for, after. describing the offences, that sect, enacts, 
 that " every person so offending in any of the cases aforesaid, and being con- 
 victed of any such offence, either by his own confession, the view of a Justice, 
 or by the oath of one or more credible witnesses, before any two justices of the 
 peace, shall, &c." So that the view of a justice in such cases may be substituted 
 for the usual proof on oath before any other two justices.
 
 128 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 28. Hiding on Footpath. (Id. s. 72 .)] did with a certain horse [or as 
 2nd ed. p. 142. ^ e case mu y foj on which he was then and there riding, wilfully ride 
 Id. Offtnce 46. upon a certain footpath \_or causeway] by the side of a certain highway 
 there situate, called , then and there set apart and made for the ac- 
 commodation of foot passengers, contrary, &c. 
 
 Id. Offence 47. 29. Leading or Driving on Footpath. (Id.)] did wilfully lead [or 
 drive] a horse [or ass, mule, swine, cattle, or a certain carriage, to wit, a 
 waggon, truck, or sledge], which he was then and there leading [or driv- 
 ing], upon a certain footpath [or causeway] by the side, &c. [conclude 
 as in No. 28.] 
 
 Id. Offence 48. 30. Tethering on Highway. (Id.)] did tether a certain horse [or ass, 
 
 sheep, mule, pig, or ox,] on a certain highway there situate, called , 
 
 so as to suffer the said horse [or as the case may be,] so tethered, to be 
 thereon, contrary, &c. 
 
 Id. Offence 49. 31. Damaging Fence, 4"C. (Id.)] did cause certain damage and in- 
 jury to be then and there done to a certain highway there situate, called 
 
 ') 
 
 [or to a certain fence, or post, rail, wall, on the side of a certain 
 
 highway there situate, called ,] 
 
 by then and there [here describe the damage], thereby doing damage to 
 the said highway [or as the case may be,] to the amount of , con- 
 trary, &c. 
 
 Id. Offence 50. 32. Obstructing Footway. (Id.)] did wilfully obstruct the free pas- 
 sage of a certain public footway there situate, called , by then and 
 
 there placing a box of thereon, and suffering the same to be and 
 
 remain thereon for a long and unreasonable time, to wit, two hours, and 
 without just cause, 
 
 [or by then and there standing thereon, and refusing to move on, 
 being required so to do, and thereby preventing one C. D. [or 
 divers persons] to pass thereon,] 
 contrary, &c, 
 
 Id. Offence 51. 33. Injuring the surface of Highway. (Id.)] did wilfully destroy 
 
 [or injure] the surface of a certain highway there situate, called , 
 
 by then and there digging up the same for a certain distance, to wit. 
 
 [or as the case may be], and thereby doing injury to the said highway to 
 the amount of , contrary, &c. 
 
 Id. Offence 52. 34. Damaging Posts, Blocks, Sfc. or Stones, &c. (Id.)] did wilfully 
 [or wantonly] pull up [or cut down, remove, or damage,] certain posts, 
 [or blocks, or stones], to wit, three posts, then and there fixed by the sur- 
 veyor of the highways for the said parish of , for marking the boun- 
 daries of a certain highway there situate, called , [or as the case may 
 
 be], and thereby doing damage to the amount of , contrary, &c. 
 
 Id. Offence 53. 35. Cutting down the Banks. (Id. s. 72.)] did dig [or cut down] a 
 
 certain bank on the side of a certain highway there situate, called 
 
 , the said bank being then and there the security and defence of the 
 
 said highway, thereby doing damage to the amount of , contrary, 
 
 &c.
 
 CHAP ii.] HIGHWAYS. 129 
 
 36. Damaging Stones, #c- on Bridges. (Id. a. 72.)] did break [or Oke's Synop. 
 damage, or throw down], 2nd ed. p. 144. 
 
 [or injure, or deface, by then and there [stating the injury, <?rc.] cer- Offences 54, 55. 
 tain stones, to wit, five stones, [or bricks, or wood,] then and 
 there fixed upon the parapets [or battlements] of a certain 
 
 bridge there situate, called , thereby doing damage to the amount of 
 
 , contrary, &c. 
 
 37. Defacing Milestones, &c. (Id. s. 72.)] did pull down [or de- Id. Offence 56. 
 stroy, obliterate, or deface] a certain milestone, [or milepost, graduated 
 
 or direction post, or stone,] then and there erected upon a certain high- 
 way there situated, called , thereby doing damage to the amount of 
 
 , contrary, &c. 
 
 38. Playing on Highway. (Id. s. 72.)] did play at a certain game Id. Offence 57. 
 called football [or as the case may be~] on a certain highway there situate, 
 
 called , to the annoyance of passengers thereon, contrary, &c. 
 
 39. Gipsy, Sfc. Encamping. (Id. s. 72.)] then being a travelling Id. Offence 58. 
 gipsy [or higgler, hawker,] did then and there pitch a certain tent, [or 
 
 booth, stall, or stand, or encamp], on part of a certain highway there 
 situate, called , contrary, &c. 
 
 40. Making Bonfires. (Id. s. 72 )] did make [or assist in making] Id. Offence 59. 
 a certain fire, called a bonfire, within fifty feet of the centre of a certain 
 
 public carriage-way [or cartway] there situate, called , contrary, 
 
 &c. 
 
 41. Firing off" Gun. (Id. s. 72.)] did wantonly fire off a certain Id. Offence 59 a. 
 gun [or pistol] within fifty feet of the centre of a certain public carriage- 
 way [or cartway] there situate, called , contrary, &c. 
 
 42. Letting off" Fireworks. (Id. s. 72.)] did set fire to [or wan- Id. Offence 60. 
 tonly let off, or throw] certain fireworks, to wit, three serpents, [or squibs, 
 
 rockets, or as the case may be,] within fifty feet, &c. [as in No. 41.] 
 
 43. Baiting Bull. (Id. s. 72.)] did bait [or run for the purpose of Id. Offence 61. 
 baiting,] a bull upon [or near] a certain highway there situate, called 
 
 , contrary, &c. 
 
 44. Ikying Timber, Sfc. on Highway. (Id. s. 72.] did lay a certain id. Offence 62. 
 quantity, to wit, one load of rubbish, [or timber, hay, straw, dung, 
 
 manure, lime, soil, ashes,] upon a certain highway there situate, called 
 , to the injury [or interruption, or personal danger] of the said high- 
 way [or of persons travelling thereon], contrary, &c. 
 
 45. Suffering Filth to flow on. (Id. s. 72.)] did suffer certain filth Id. Offence 63. 
 [or dirt, lime, or offensive matter or thing], to wit, , to run and flow 
 
 into and upon a certain highway there situate, called , from a certain 
 
 house [or building, erection, lands, or premises, to wit, ,] adjacent to 
 
 the said highway, and then in the occupation of the said A. B., contrary, 
 &c. 
 
 46. Obstructing Highway. (Id. s. 72.)] did wilfully obstruct the free Id. Offence 64. 
 passage of a certain highway there situate, called , by then and 
 
 there [describe the act done, as by leaving a waggon thereon for a long 
 
 and unreasonable time, to wit, hours, and without just cause, or 
 
 K
 
 130 
 
 Summary Convictions and Orders. 
 
 [PART i. 
 
 Oke's Synop. by standing thereon with divers persons unknown, to the number of , 
 
 2nd ed. p. 144. and refusing to remove when thereunto required ; and thereby preventing 
 one C. D. [or divers persons] from passing thereon], contrary, &c. 
 
 47. The Conviction for the offences described in the Forms No. 25 46, 
 would be in the General Form No. 39 (I. 1), ante, p. 38, enforced by 
 the General Forms of Distress Warrant, Sfc. No. 53 (N. 1) 58, ante, 
 p. 50 52. If a sum is adjudged for damage as well as the penalty, insert 
 
 in the adjudication : " to forfeit and pay the sum of , over and above 
 
 the amount of the injury occasioned by the said offence, and for the said 
 injury the further sum of , to be respectively paid, &c." 
 
 Id. Offences 65, 
 66. 
 
 Id. p. 146. 
 Offence 67. 
 
 Id. Offences 68, 
 69. 
 
 48. Pound-breach. (Id. s. 75.)] one C. D., then being the surveyor 
 of the highways for the parish of aforesaid, [or then being autho- 
 rized for that purpose by the surveyor of the highways for the parish 
 
 of aforesaid], did seize a certain horse [or ass, or as the case may 
 
 be], the property of one E. F. [or of some person unknown], then found 
 wandering [or straying, or lying, or being depastured] without a keeper, 
 
 on a certain highway there situate called , and not being such part 
 
 of the said highway as did lead or pass through or over any common or 
 waste, or uninclosed ground, and that he the said C. D., on the same 
 day, for the cause aforesaid, did impound the said horse so found as 
 
 aforesaid in the common pound of the said parish of , being the 
 
 parish where the said horse was so found [or in , in the said parish 
 
 of , being the place then provided for such purpose by the surveyor 
 
 of the said parish], by virtue of the statute in such case made and pro- 
 vided, and that afterwards, to wit, on the day of last, at the 
 
 parish of aforesaid, A. B., of, &c., did release [or attempt to 
 
 release] the said horse [or as the case may be] from the pound [or place] 
 where the same was so then and there impounded, before the said horse 
 had been discharged by due course of law, contrary, &c. 
 
 49. Damaging the Pound. (Id. s. 75.)] Proceed to the asterisk* in 
 Form No. 48, and then : did pull down [or damage, or destroy] the 
 said pound [or place], 
 
 [or did damage, or destroy, the lock, or bolt which fastened the said 
 
 pound [or place], 
 
 wherein the said horse [or as the case may be~\ was so then impounded, 
 and before the same had been discharged by due course of law, thereby 
 doing damage to the amount of , contrary, &c. 
 
 50. Rescuing Distress. (Id.)] one C. D., then being the surveyor of 
 
 the highways for the parish of aforesaid [or constable of the parish 
 
 of aforesaid], did take, distrain and levy one ass, the property of 
 
 A. B., of &c., for the sum of , under and by virtue of a certain war- 
 rant of distress under the hands and seals of J. S. and S. L., Esquires, 
 two of her Majesty's justices of the peace in and for the said [county] 
 
 of , granted under the authority of the statute in that case made and 
 
 provided, in pursuance of a conviction of the said A. B. duly made for 
 same offence, against the form of the same statute ; and that afterwards, 
 
 to wit, on the day of instant, at the parish of aforesaid, 
 
 the said A. B. ['or E.F.,] of &c. did rescue [or release, or attempt to 
 rescue, or release] the said ass from the custody and possession of [the 
 said informant] C. D. before the distress and levy so made as aforesaid 
 had been discharged by due course of law, contrary, &c. 
 
 51. General Formto beused in enforcing the Conviction (No. 40 (I. 2),
 
 CHAP, ii.] HIGHWAYS HORSE SLAUGHTERING. 131 
 
 ante, p. 39. for the offences described in Forms 48, 49, 50] ; Commit- Oke's Synop. 
 ment, No. 52 (0. 1), ante, p. 49. 2nd edit. p. 146. 
 
 V. OTHER OFFENCES. 
 
 52. Taking Materials without Surveyor's consent. (Id. s. 47.)] did, Id. p. 146. 
 without the consent of the surveyor of the highways for the said parish Offence 71. 
 of , take away certain materials, to wit, one barrowfull of stone, 
 
 which had been before then purchased [or gotten, dug, or gathered] for 
 
 the repair and use of the highways of the said parish, 
 
 [or ifjor taking from a quarry, say : certain materials, to wit, one 
 cart-load of granite out of a certain quarry there, which had 
 been before then opened [or made, or dug] for the purpose of 
 getting materials for the repair of the highways of the said 
 parish, before the surveyor of the said parish and his workmen 
 had discontinued working therein for the space of six weeks, 
 the said A. B. not then being the owner of the said quarry, or 
 authorized by the owner thereof, to get materials in such quarry 
 for the private use of such owner], 
 
 contrary, &c. 
 
 53. General Forms to be used in enforcing the Conviction (No. 39 
 (I. 1), ante, p. 38]; Distress Warrant, &c., No. 53 (N. 1) 58, 
 ante, p. 50 52. 
 
 HORSE SLAUGHTERING. 
 
 1. Persons licensed not affixing Name, fyc. to Premises. (12 & 13 
 Viet. c. 92, s. 7.)] then being duly licensed for slaughtering horses 
 under the provisions of the statute in that behalf, and keeping the same,* 
 did not cause to be painted and affixed over the door or gate of the house 
 [or place, or as the case may be] there situate, where he then and there 
 carried on the business of slaughtering horses, in large legible cha- 
 racters, his name, together with the words " Licensed for Slaughtering 
 Horses, pursuant to an Act passed in the Twenty-sixth Year of his Ma- 
 jesty King George the Third,'' contrary, &c. 
 
 2. Not immediately cutting off Hair of Cattle. (Id. s. 8.)] Proceed 
 to the asterisk* in Form No. 1, then: did not immediately upon a 
 certain horse [or as the case may be] (not intended for butcher's meat) 
 being brought to and delivered at his premises there situate for the 
 purpose of being slaughtered, cut off [or cause to be cut off] the hair 
 
 from the neck of the said horse, but did neglect so to do for days 
 
 thereafter, contrary, &c. [or as in Form No. 2, tit. " Cruelty to Animals," 
 ante, p. 102.] 
 
 3. Not Killing within Three Days. (Id.}] Proceed to the asterisk* in 
 Form No. 1, then : did not within three days from the time of a certain 
 horse [or as the case may be] (not intended for butcher's meat) being 
 brought and delivered at his premises there situate for the purpose of 
 being slaughtered, kill [or cause to be killed] the said horse, but neg- 
 lected so to do for five days thereafter, contrary, &c. 
 
 4. Not supplying Cattle with Food. (Id.)] Proceed to the asterisk * 
 
 9
 
 132 Summary Convictions and Orders. [PART i. 
 
 in Form No. 1, then : did not supply a certain horse [or as the case may 
 be} (not intended for butcher's meat), brought and delivered at his pre- 
 mises there situate for the purpose of being slaughtered, with a sufficient 
 quantity of fit and wholesome food and water before the same was killed, 
 but neglected so to do for days, contrary, &c. 
 
 5. Employing Horse brought for Slaughter. (Id. s. 9.)] Proceed to 
 the asterisk* in Form No. 1, then: did then and there use and employ 
 [or cause, or permit to be used and employed] a certain horse [or as the 
 case may be] (not intended for butcher's meat), brought and delivered at 
 [or being in and upon] his premises there situate, for the purpose of 
 being slaughtered, 
 
 [or did permit, or suffer a certain horse (not intended for butcher's 
 meat), brought and delivered at [or being in and upon] his 
 premises there situate for the purpose of being slaughtered, 
 to leave the said premises to be employed by one E. F. in 
 
 certain work, to wit, ], 
 
 contrary, &c. 
 
 6. Person found using Horse. (Id. s. 9.)] was then and there found 
 using and employing a certain horse [or as the case may be~\ (not intended 
 for butcher's meat), theretofore sent to and delivered at the premises of one 
 E. F. there situate, for the purpose of being slaughtered, contrary, &c. 
 
 7. Licensed Person not entering Cattle in Book. (Id. s. 10.)] Pro- 
 ceed to the asterisk* in Form No. 1, ante, then: did then and there 
 refuse [or neglect] at the time of receiving a certain horse [or as the case 
 may be] (not intended for butcher's meat), in his premises there situate, 
 for the purpose of being slaughtered, to make [or cause to be made] an 
 entry in a book, in a clear and distinct manner, containing a full and 
 correct description of the colour, marks and gender of such horse, as 
 might clearly distinguish and identify the same, contrary, &c. 
 
 8. Refusing to produce Book. (Id.)] Proceed to the asterisk * in 
 Form No. 1, ante, p. 131, then : and being then and there required by 
 J. L., Esquire, one of her Majesty's justices of the peace in and for the 
 
 said [county] of , to produce to him the said justice a certain book 
 
 kept by him the said A. B., for the purpose of entering therein a full 
 and correct description of the colour, marks and gender of every horse or 
 other cattle received at his premises there situate, for the purpose of 
 being slaughtered, did then and there refuse [or neglect] so to do, and 
 hath not produced the said book, contrary, &c. 
 
 9. Refusing Inspection of Book. (Id.)] Proceed to the asterisk * in 
 Form No. 1, ante, p. 131, then : and being then and there required by 
 one J. N., constable of the said parish of [or one J. M., duly au- 
 thorized in that behalf by J. L., Esquire, one of her Majesty's justices of 
 the peace in and for the said [county] of ], to allow to be inspected 
 by him a certain book, &c. [conclude as in Form 8.] 
 
 10. The Conviction for the above described offences is given by s. 23 
 of the statute, and will be found under the tit. " Cruelty to Animals," 
 No. 1, ante, p. 101. 
 
 11. General Forms to be used in enforcing such Conviction] ; Commit- 
 ment, &c. No. 48 (P. 1) 51, ante, p. 46 48, where imprisonment only
 
 CHAP, ii.] HORSE SLAUGHTERING. 133 
 
 adjudged under s. 18; or Commitment, No. 52 (O. 1), ante, p. 49, where 
 a penalty adjudged. 
 
 12. Making false Entry in Book. (26 Geo. 3, c. 71, s. 10.)] Pro- Oke's Synop. 
 ceed to the asterisk* in Form No. 1, ante, and then : did wilfully make 2nd ed. p. 148. 
 [or cause to be made] a false entry in the book required by the statute Offence 8. 
 
 in that case made and provided to be kept by the said A. B., to wit, [de- 
 scribe the entry'], contrary, &c. 
 
 13. Slaughterman refusing to pay the Expenses of advertising Cattle 
 supposed to be stolen. (Id. s. 5.)] Proceed to the asterisk* in Form 
 No. 1, ante, p. 131, then : did then and there refuse to pay the sum of 
 
 , being the expense of an advertisement [or advertisements] inserted 
 
 in the Cambridge Chronicle [the paper circulated in the county'], incurred 
 by one C. D., the inspector of houses and places for slaughtering horses 
 
 for the parish of , in the said county, pursuant to the directions of 
 
 the statute in that case made and provided, contrary, &c. 
 
 14. General Forms to be used in enforcing the Conviction, No. 39 
 (I. 1), ante, p. 38, for the above described offences,] Distress Warrant, 
 $c. No. 53 (N. 1) 58, ante, p. 5052. 
 
 15. Lending a Slaughtering House. (Id. s. 13.)] did then and there Id. Offence 11. 
 [or on divers times since] occasionally lend a certain house [or barn, 
 
 stable, or as the case may be,] of him the said A. B. there situate, for the 
 purpose of slaughtering horses [or of slaughtering cattle for other pur- 
 poses than for butcher's meat], without a licence for that purpose first 
 obtained, according to the statute in that behalf, contrary, &c. 
 
 16. General Form to be used in enforcing the Conviction No. 40, 
 (I. 2), ante, p. 39, for the last described offence] ; Commitment, No. 52, 
 (O. 1), ante, p. 49. 
 
 INCLOSURES. 
 
 [The Forms of describing the offences under this title may be easily id. p. ]48. 
 framed from the Form No. 5, under the title " Malicious Injuries," post. 
 
 JURORS. 
 
 [The Forms under this title are so seldom required, that it is deemed Id. 
 unnecessary to give them.] 
 
 JUVENILE OFFENDERS (a). 
 
 1. Persona not exceeding Fourteen Years of Age committing, <r. cer- Id. p. 150. 
 tain Indictable Offences. (10 & 11 Viet, c.' 82, s. 1.)] then and there Offences l", 2. 
 being under the age of fourteen years, to wit, of the age of twelve years, 
 did then and there feloniously steal, take and carry away, * 
 
 (a) The Forms under this title have been taken and adapted from those in 
 Greaves' edition of the Juvenile Offenders Act (10 & 11 Viet. c. 82) those 
 given in this Collection are all that are necessary under that statute, and those 
 in the work alluded to, which are omitted, are already given in Chap. I. and 
 provided by Jervis's Act (11 & 12 Viet. c. 43).
 
 134 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. [or did then and there unlawfully attempt and endeavour then and 
 
 2nd ed. p. 150. there feloniously to steal, take and carry away *], 
 
 [Jiere describe the particular offence as in the statements of offences under- 
 neath^ contrary, &c. 
 
 Id. Offence 3. 2. Aiding or Abetting, or Counselling or Procuring.'] These offences 
 may be described as in the General Forms Nos. 6 and 7, ante, p. 26, wit A 
 the variation as to age above. 
 
 Statements of Offences within the Statute (10 & 11 Viet. c. 82), each of 
 which will proceed from either of the asterisks * in Form No. 1, supra, 
 and then as below. 
 
 3. For Simple Larceny. ] one coat, of the value of , one hat, of 
 
 the value of , and three pieces of the current gold coin of this realm 
 
 called sovereigns, of the value of three pounds, of the goods, chattels and 
 monies of one [or the said] C. D. 
 
 7 & 8 Geo. 4, 
 c. 29, s. 29. 
 
 Id. s. 26. 
 
 Id. 
 
 4. Assaulting Deer Keepers.'] did unlawfully and feloniously assault 
 and beat [or wound] the said C. D., the said C. D. being then and there a 
 person intrusted with the care of the deer then and there usually kept, and 
 being within certain inclosed [or uninclosed] land there situate, and in the 
 due execution of his duty as keeper of the said deer, and in execution of 
 the powers given to him in that behalf by the statute in that case made 
 and provided, contrary, &c. 
 
 5. Coursing Deer in inclosed Places."] unlawfully, wilfully and felo- 
 niously course, kill and carry away one fallow deer, the property of C. D., 
 then and there kept, and being in certain inclosed land there situate, 
 belonging to [or in the occupation of] the said C. D., wherein deer had 
 been and then were usually kept, contrary, &c. 
 
 6. The like, in uninclosed Places, after a previous Conviction."] 
 unlawfully, wilfully and feloniously course, kill and carry away [or kill or 
 wound] one fallow deer then and there kept, and being in a certain unin- 
 closed part of a certain forest [or chase or purlieu] there situate, called 
 - , contrary, &c., he the said A. B. having been previously convicted 
 of having coursed, killed and carried away [or wounded] a certain other 
 deer kept in the uninclosed part of the said forest. 
 
 7. Larceny of a valuable Security.] one promissory note for the pay- 
 ment of five pounds, and of the value of five pounds, the property of [the 
 said] C. D., the said sum of five pounds thereby secured and made pay- 
 able being then and there due and unsatisfied to the said C. D., con- 
 trary, &c. 
 
 8. Stealing Oysters.'] fifty oysters, of the value of fivepence, from a 
 certain oyster bed called - , there situate, the property of C. D., and 
 sufficiently [marked out and] known as the property of the said C. D., 
 contrary, &c. 
 
 9 ' Stealin S Ore from Mines."] [or sever, with intent then and there 
 t0 Stea '' take and carry awa yl fi ftv pounds weight of tin ore, the pro- 
 Cornish Mines. P ertv ^ ^- ^- an ^ others, in a certain copper mine of the said A. B. 
 * and others there situate, called Wheal Vor, contrary, &c. 
 
 [or if from a mine in Cornwall, say, and the said A. B. being then 
 and there employed in and about a certain iron mine called 
 Restormel there situate, the property of C. D. and others, did 
 
 Id. ss. 5, 2. 
 
 Id. s. 36. 
 
 V- 
 c 58 s 10
 
 CHAP. ii.J JUVENILE OFFENDERS. 135 
 
 feloniously take [or remove, or conceal] fifty pounds weight of 
 iron ore [or as the case may be~\ found in the said mine, with 
 intent then and there to defraud the said C. D. and others [or 
 one E. F., an adventurer in the said mine ; or one F. G., a 
 workman and miner employed in the said mine], contrary, &c. 
 
 1 0. Stealing or cutting Trees, Sj-c. in a Park, $c. value above I/.] [or fe- 7 & 8 Geo. 4, 
 loniously cut, with intent then and there to steal, take and carry away] from c 29, s. 38. 
 
 a certain park [or as the case may be] of C. D. there situate, one ash tree, 
 of the value of 11. and upwards, to wit, of the value of 21., the property of 
 the said C. D., in the said park then and there growing [or if for cutting, 
 thereby doing injury to the said C. D. to the amount of 11. and upwards, 
 to wit, the sum of 2/.], contrary, &c. 
 
 11. The like, elsewhere, if Value above 51.] from a certain close [or as Id. 
 
 the case may be] of one C. D. there situate, called , one ash tree, of 
 
 the value of 51. and upwards, to wit, of the value of 61., the property of 
 the said C. D., then and there growing [or if cutting, say as directed in 
 No. 10], contrary, &c. 
 
 12. The like, Value Is. at least, after Two previous Convictions .] one id. s. 39. 
 ash tree, of the value of Is. at the least, to wit, 2s., the property of C. D., 
 
 then and there growing [or if for cutting, say as directed in No. 10], 
 contrary, &c., he the said A. B. having previously been twice convicted 
 of the like offence. 
 
 13. Stealing in Gardens, fyc., after a previous Conviction.] from a Id. s. 42. 
 certain orchard [or as the case way be~] of the said C. D. there situate, ten 
 apricots, the property of the said C. D., and then and there growing [if 
 
 for damaging, say as directed in No. 10], contrary, &c., he the said A. B. 
 having been before convicted of the like offence. 
 
 14. Stealing, cutting, fyc. Metal, fyc., fixed to Houses, fyc.] feloniously Id. s. 44. 
 steal, take and carry away [or rip, cut or break, with intent then and 
 
 there to feloniously steal, take and carry away] certain glass [or wood 
 work] belonging to a certain building of C. D. there situate [or fifty 
 pounds weight of lead, then and there being fixed to a certain building, to 
 
 wit, , the property of C. D. ; or one leaden statue, and fifty pounds 
 
 weight of lead, the property of C. D., then and there being fixed in 
 certain land which was then private property, to wit, in a garden of C. D. 
 [or in a certain square, called Square, there situate], contrary, &c. 
 
 15. Larceny by Tenants or Lodgers.] If a chattel, this Form will be id. s. 45. 
 the same as for simple larceny, Form No. 3, ante, p. 134 ; and in the case 
 
 of a fixture, it may be described as in the first offence in No. 14, supra. 
 
 Other Forms. 
 
 16. Recognizance for appearance at Petty Sessiotis. (10 & 11 Viet 
 c. 82, s. 5.)] This will be the same as the General Form No. 13 (E.), 
 ante, p. 28, adding, after the words as " may then be there," in the condi- 
 tion, these words, " in petty sessions assembled, at the usual place, and in 
 open court." 
 
 , 17. Enlargement of Recognizance. (Id. s. 5.) 
 
 J Be it remembered, that on this day of , in the year 
 
 to wit. J of our Lord, , at N., in the [county] of , the within
 
 136 Summary Convictions and Orders. [PART i. 
 
 recognizance is enlarged by me, J. S , Esquire, one of her Majesty's 
 justices of the peace in and for the said [county'], until the petty sessions, 
 to be holden at N., in the said [county'], before two or more of her said 
 
 Majesty's justices of the peace in and for the said [county], on the 
 
 day of next, at o'clock in the forenoon. 
 
 Given under my hand and seal the day and year first above mentioned, 
 
 at aforesaid. 
 
 J. S (L.S.) 
 
 18. Recognizance of a Witness to give Evidence. (Id. s. 7.)] The 
 Form No. 13 (E.), ante, p. 28, may be adapted to one person, stating the 
 condition thus : the condition of the within written recognizance is such, 
 that whereas A. B., of, &c. hath been charged before me, the within-men- 
 tioned justice [or as the case may be] for that, &c. [state offence as in the 
 
 information] ; and the day of next, at , having been duly 
 
 appointed for the hearing of the said charge, and it appearing to be neces- 
 sary that the within bounden E. F. should be examined as a witness 
 touching the same : if, therefore, he the said E. F. will personally appear 
 before two or more of her Majesty's justices of the peace in and for the 
 said [county] in petty sessions assembled, at the usual place, and in open 
 
 court, at N. aforesaid, on the day of aforesaid, at o'clock 
 
 at noon of the same day, and then and there give evidence upon the 
 hearing of the said charge, then the said recognizance to be void, or else 
 to stand in full force and virtue. 
 
 19. Conviction (a) where Imprisonment with or without Whipping is 
 adjudged.] This will be in the General Form No. 41 (1.3), ante, p. 39, 
 omitting all mention of the costs of conviction, and stating, after the descrip- 
 tion of the justices, that the conviction took place in petty sessions as- 
 sembled at the usual place, and in open court ; and where whipping also, 
 say, after the term of imprisonment, and to be once privately whipped 
 during such imprisonment. 
 
 20. Conviction(a) where a penalty adjudged, and where Time given or 
 not for Payment.] This will be in the General Form No. 41 (I. 3), 
 ante, p. 39, omitting all mention of the costs of conviction, and stating, 
 after the description of the justices at the commencement, that the conviction 
 took place in petty sessions assembled at the usual place, and in open 
 court. 
 
 21 . Conviction (a) where Whipping adjudged instead of Imprisonment. ~\ 
 This will be similar to No. 19, supra, stating the adjudication merely thus: 
 tor his said offence to be once privately whipped out of prison, instead of 
 being imprisoned. 
 
 22. Commitment where Penalty adjudged. (Id. s. 13.)] This will be 
 in the General Form No. 52 (O. 1), ante, p. 49, reciting the conviction, 
 No. 20, supra, as therein directed. If time be given, and the defendant is 
 detained under s. 13, till the time appointed for payment, (as in order to 
 detain, Form No. 25, post), the commitment in default should state, after 
 the term of imprisonment in the direction to the gaoler : from the day 
 when the said A. B. was so convicted as aforesaid. 
 
 (a) The convictions by s. 11 of the statute is to be transmitted " forthwith," 
 after conviction, to the clerk of the peace.
 
 CHAP, ii.] JUVENILE OFFENDERS. 137 
 
 23. Commitment where Imprisonment only adjudged.] This will be in 
 the General Form No. 48 (^P. 1), ante, p. 46, reciting the conviction, 
 No. 19, supra, and adapting the direction to the gaoler to the terms of the 
 adjudication. 
 
 24. Appointment to whip a Juvenile Offender by the Convicting Justices. 
 
 To M. N., the constable of the parish of , in the [county] of . 
 
 Whereas [recite the conviction, No. 21, supra, as in a commitment with 
 the adjudication, and then] : Now therefore we, the said justices, do hereby 
 appoint you, the said M. N., so being such constable as aforesaid, to 
 inflict the said punishment of whipping ; and we do hereby authorize and 
 command you, the said constable, once privately to whip the said A. B. 
 And for your so doing this shall be your sufficient warrant. 
 
 Given under our hands and seals, this day of , in the year of 
 
 our Lord, , at , in the [county] aforesaid. 
 
 J. P. (L.S.) 
 J. L. (L.S.) 
 
 25. Order to detain a Defendant in Custody till the Day given for 
 
 Payment of a Penalty. (Id. s. 13.) 
 To M. N., of the parish of , in the [county] of . 
 
 Whereas [recite the conviction, No. 20, ante, p. 136, as in a commitment 
 with the adjudication and time of payment, and then :] And whereas the 
 said A. B. hath not given security to the satisfaction of us the said 
 
 justices for his appearance on the said day of , being the day 
 
 appointed for the payment of the said penalty as aforesaid, at 
 
 aforesaid, before two or more of her Majesty's justices of the peace in 
 and for the said county in petty sessions assembled, at the usual place 
 and in open court : These are therefore, in her said Majesty's name, to 
 command you, the said constable, to detain the said A. B. in safe custody 
 
 until the day of next, and him then to take before two or 
 
 more of her Majesty's justices of the peace in and for the said [county] 
 in petty sessions assembled, at the usual place and in open court at N. 
 
 aforesaid, on the said day of , at twelve o'clock at noon, then 
 
 and there to be further dealt with according to law. 
 
 Given, &c. [as Form No. 24, supra.] 
 
 26. Recognizance of Offender to appear at the Day appointed for Pay- 
 ment of the Penalty.] Proceed as in the General Form No.' 13 (E.), 
 ante, p. 28, stating the condition thus: The condition of the within 
 written recognizance is such, that whereas the said A. B. is this day duly 
 convicted before us the justices within mentioned, for that he the said A. B. 
 [state offence and adjudication, and time appointed for payment, as in 
 conviction No. 20, ante, p. 136, and then:] if therefore he the said A. B. 
 shall personally appear before two or more of her Majesty's justices of 
 the peace in and for the said [county'] in petty sessions assembled, at the 
 
 usual place and in open court at N. aforesaid, on the day of 
 
 next (being the day appointed for payment of the said penalty as afore- 
 said), at twelve o'clock at noon, then the said recognizance to be void, or 
 else to stand in fall force and virtue. 
 
 27. Recognizance for good behaviour. (Id. s. 1).] This will be as 
 the Form given in tit. " Sureties," Part III. post.
 
 138 Summary Convictions and Orders. [PART i. 
 
 28. Order for Restitution of Stolen Property. (Id. s. 12). 
 
 ") Whereas on this day of in the year of our Lord 
 
 v , at N. in the [county] of , one A. B. was duly con- 
 to wit. 3victed before us J. S. and J. L., Esquires, two of her 
 Majesty's justices of the peace in and for the said [county'], in petty 
 sessions assembled, at the usual place and in open court, for that he the said 
 
 A. B., on the clay of then instant [or last], at the parish of 
 
 in the said [county], then and there being under the age of four- 
 teen years, to wit, of the age of [twelve years], did then and there felo- 
 niously steal, take and carry away [here describe the article stolen as in 
 the conviction] : And whereas it is now duly proved to us the said justices 
 that the said goods and chattels are now in the possession of E. F. of 
 
 [labourer], we the said justices do therefore hereby order the said 
 
 E. F. forthwith to restore the said goods and chattels to the said C. D. 
 the owner thereof. 
 
 Given under our hands and seals the day and year and at the place 
 first above mentioned. J. S. (L.S.) 
 
 J. L. (L.S.) 
 
 29. Order on Defendant for the Payment of the Value of Stolen 
 Property. (Id.) 
 
 To A. B. of the parish of in the [county] of . 
 
 } Whereas on the day of , in the year of our 
 
 , ., ^Lord , at N. in the [county] of , you the said A. B. 
 
 3 were duly convicted before us J. S. and J. L., Esquires, two 
 of her Majesty's justices of the peace in and for the said [county], in 
 petty sessions assembled, at the usual place and in open court, for that 
 
 you the said A. B., on the day of then instant [or last], at the 
 
 parish of in the said [county], then and there being under the age 
 
 of fourteen years, to wit, of the age of [twelve] years, did then and there 
 feloniously steal, take and carry away [here describe the article stolen as 
 in the conviction] : And we the said justices did then and there order the 
 said [the article] to be restored to the said C. D. the owner thereof; 
 and whereas the said [article] was not then forthcoming, and we, having 
 now inquired into and ascertained the value of the said [article] in money, 
 
 do ascertain the same to be pounds ; now we the same justices do 
 
 hereby order you the said A. B. to pay the said sum of pounds to 
 
 the said C. D., the true owner of the said [article], by five several instal- 
 ments of pounds each, and one of which said instalments we do 
 
 order to be paid on the day of each of the five calendar months 
 
 next after the making of this our order, and which periods we the same 
 justices deem and adjudge to be reasonable in that behalf. 
 
 Given under our hands and seals the day and year and at the place 
 first above mentioned. J. S. (L.S.) 
 
 J. L. (L.S.) 
 
 30. Certificate of Convicting-Justices of Costs incurred. (Id. s. 14.) 
 
 . } Whereas on this day of , in the year of our 
 
 to wit (Lord , one A. B. of &c., was prosecuted and tried for 
 
 j[here insert the offence] before us J. S. and J. L., Esquires, 
 two of her Majesty's justices of the peace in and for the said [county] of 
 
 , in petty sessions assembled, at the usual place and in open court, 
 
 at N. in the said [county] ;* now we the said justices, at the request of 
 C. D., who hath appeared before us on recognizance [or summons] to 
 prosecute [or give evidence against] the said A. B. for the said offence, 
 do hereby now ascertain and certify under our hands that the amount of
 
 CHAP, ii.] JUVENILE OFFENDERS. 139 
 
 the expenses * of the prosecutor and witnesses, incurred in attending 
 before the examining magistrate, and the compensation for their trouble 
 and loss of time therein, and the allowances to the constables and other 
 peace officers for the apprehension and detention of the said A. B., and 
 the allowances to be paid to the prosecutor, witnesses and constables 
 for attending at the said petty sessions, and the expenses the prosecutor 
 and witnesses have severally incurred in otherwise carrying on the said 
 prosecution, are as follows, that is to say : 
 
 C.D 
 
 s. d. 
 , o 15 9 
 
 A. F , 
 
 3 2 
 
 R.F , 
 
 1 6 
 
 P. T... 
 
 ..020 
 
 1 2 5* 
 
 Given under our hands at the said petty sessions. J. S. 
 
 J LJ. 
 
 31. Order by the convicting or any other Justices on the County Treasurer 
 for the Amount certified. (Id. s. 15) (o). 
 
 To the Treasurer of the county of . 
 
 ) Whereas [recite as in Form No. 30 to thejirst asterisk*, and 
 
 to wit. ) then :] And whereas [we] the said justices [or J. S. and J. L. 
 Esquires, two, &c.] have ascertained and certified under our [their] hands 
 at the same petty sessions that the amount of the expenses [follow from 
 the second asterisk* in Form No. 30 to the third asterisk*, and then:] 
 Now we the said justices, at the request of the said C. D., who hath 
 appeared on recognizance [or summons] to prosecute [or give evidence 
 against] the said A. B. for the said offence, do hereby order you the said 
 treasurer forthwith upon sight hereof to pay to the said several persons 
 hereinbefore named, or to any other person duly authorized to receive the 
 same, the said several sums of money set opposite to their names respec- 
 tively. 
 
 Given under our hands at the said petty sessions [or at in the 
 
 [county] aforesaid] this day of in the year of our Lord . 
 
 J.S. 
 J. L. 
 
 31. Certificate of Expenses and Order for Payment embodied in one. 
 (Not in Greaves' Edition). 
 
 To the Treasurer of the [county] of . 
 
 ) Whereas [recite as in .Form No. 30, supra, to the Jirst asterisk*, 
 
 to wit. J and then :] And whereas one C. D., who hath appeared before 
 us to prosecute the said A. B. for the said offence, hath requested us to 
 ascertain, certify and order the amount of tho expenses incurred by him 
 and his witnesses in attending before us as aforesaid, and in otherwise carry- 
 ing on the said prosecution, and the compensation for his and their trouble 
 and loss of time therein : Now we the said justices, in petty sessions 
 assembled as aforesaid, do hereby accordingly ascertain and certify, that 
 the several sums mentioned in the particulars hereunder written are 
 
 (a) By a proviso in this section, " no such order shall be valid, nor shall 
 such treasurer pay any money thereon, unless it shall have been framed and 
 presented ID such form and under such regulations as the justices of the peace 
 m quarter sessions assembled shall from time to time direct."
 
 140 Summary Convictions and Orders. [PART i. 
 
 reasonable and sufficient to reimburse tbe said C. D. for the expenses 
 incurred as aforesaid, and for the said compensation ; and we do hereby 
 order you the said treasurer forthwith, upon sight hereof, to pay to the 
 said C. D., or to any other person duly authorized, the said several sums, 
 making together the sum of one pound seventeen shillings and fourpence. 
 
 Particulars above referred to. 
 
 s. d. 
 
 Constable (set out the items) (a) 13 10 
 
 Justices Clerk's fees on the conviction 9 6 
 
 C. D.'s attendance, 2 days 10 
 
 E. F., a witness, 2 days, at 2s 4 
 
 1 17 4 
 
 Given under our hands and seals on the day and year and at the place 
 first above mentioned. 
 
 J. S. (L. s.) 
 J. L. (L. s.) 
 
 LARCENY. 
 
 I. Of Animals. 
 IF. Of Trees, Fences, Sfc. 
 III. Accessories and Receivers. 
 
 I. OF ANIMALS. 
 
 Oke'sSynop. j. Coursing, SfC. Deer in unindosed Places (1st Offence). (7&8Geo.4, 
 2nd ed. p. 152. c> 29, s . 26.)] did unlawfully and wilfully course [or hunt, snare, carry 
 Offences 1-4. away> Qr k ; U) or woundj -j 
 
 [or attempt to kill or wound,] 
 
 certain deer, to wit, one fallow deer, of the value of pounds, then 
 
 and there kept and being in a certain uninclosed part of a certain forest 
 [or chase or purlieu] there situate, called , contrary, &c. 
 
 Id. Offences 5, 6. 2. Complaint for Search Warrant for Venison or Engine, $c. (Id. 
 ss. 27, 63.)] Proceed in the usual Form of information or complaint, No. 1, 
 ante, p. 23, and then thus : that he the said C. D. hath reasonable cause 
 to suspect, and doth suspect and believe, that A. B. of, &c. hath in his 
 
 possession [or on his premises, situate at , and with his knowledge,] 
 
 a deer, or some part thereof, [or a snare or engine for the taking of deer]. 
 
 3. Search Warrant thereon ] Proceed in the usual Form No. 11. of 
 Chap. I. Of Indictable Offences, post, by reciting the complaint No. 2, supra, 
 and then thus: These are therefore to command you, in her Majesty's 
 name, to make diligent search for the said deer [or snare or engine, as the 
 case may be~\ in the said premises of the said A. B., and if you shall find it 
 therein or in his possession, then that you bring the same and also the 
 body of the said A. B. before me or some other of her Majesty's justices 
 
 of the peace in and for the said [county'] of , to answer to the said 
 
 complaint, and to satisfy the said justice that he came lawfully by the said 
 
 (a) The charges of the constable for conveying the offender to gaol would 
 not be included here, but an order made in the usual manner on the county 
 treasurer, under 27 Geo. 2, c. 3, s. 1, for the amount.
 
 CHAP, ii.] LARCENY. 141 
 
 deer [or if a mare, that he hath a lawful occasion for such snare, and that Oke's Synop. 
 he did not keep the same for any unlawful purpose], and to be further 2nd ed. p. 152. 
 dealt with according to law. 
 
 4. Statement of the Offence of having Deer or Engine for the Convic- 
 tion. (Id. s. 27.)] had in his possession 
 
 [or on his premises, situate at aforesaid, and with his know- 
 ledge], 
 
 a part of a deer, to wit, , [or a snare, 4 - c.] ; and that upon the said 
 
 part of the said deer [or snare] being found in the possession [or on the 
 said premises] of the said A. B. as aforesaid, by virtue of a certain search 
 warrant duly granted in that behalf, and the said A. B. being examined 
 before me the said justice now here, the said A. B. doth not satisfy me 
 the said justice that he came lawfully by the said deer, 
 
 [or where a snare has been found, that he hath or then had a lawful 
 occasion for such snare, and that he did not keep the same for 
 any unlawful purpose], 
 but hath altogether failed in doing so, contrary, &c. 
 
 5. Complaint for a Summons against Person through whose hands Venison Id. Offence 7. 
 passed. (Id. s. 27.)] Proceed in the usual Form of information No. 1, ante, 
 
 p. 23, and then : that lately upon part of a deer, to wit, the hind quarter 
 thereof, being by virtue of a search warrant duly granted in that behalf, 
 
 found in the possession [or on the premises] of one A.B. of, &c., at , and 
 
 the said A. B. being thereupon, to wit, on the day of , instant, 
 
 brought before me the said justice [or J. P., Esquire, one of her Majesty's 
 justices of the peace in and for the said [county] of ,] I was in- 
 formed and given to understand that you the said E. F. had had possession 
 thereof. 
 
 6. Summons thereon to E.F.~\ Proceed in the usual Form No. 8 (A.), 
 ante, p. 26, reciting the complaint No. 5, supra, and instead of to answer, 
 &c., say: to satisfy me or the said justices that you have come lawfully 
 by the said part of the said deer, and to be further dealt with, &c. 
 
 7. Statement of Offence for Conviction. (Id. s. 27.)] after stating 
 offence similar as in complaint No. 5, supra, say: and that the said 
 E. F., although duly summoned, hath not appeared here at this day and 
 place, as thereby required, or shown unto or satisfied me that he came 
 lawfully by the said deer, contrary, &c. 
 
 8. Setting Engines, fyc.for Deer. (Id. s. 28.)] did unlawfully and jj offences 8 
 wilfully set [or use] a certain engine [or snare] called , for the pur- 9 JQ. 
 
 pose of then and there taking [or killing] deer in a certain part of a cer- 
 tain forest [or chase, or purlieu] there situate, called , 
 
 [or in a certain fence or bank dividing a certain forest, called , 
 
 from certain land called , adjoining thereto, 
 
 [or in certain inclosed land there situate, in the occupation of one 
 E. F., and in which inclosed land deer were then and usually 
 kept], 
 contrary, &c. 
 
 9. Destroying Fence of Land where Deer kept. (Id.)] did unlawfully Id. Offence 11. 
 and wilfully destroy a certain part, to wit, twenty feet, of the fence of 
 
 certain land then and there called [or in the occupation of E. F.], 
 
 then in the occupation of one E. F., there situate, wherein deer were then 
 and there kept, contrary, &c.
 
 142 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 10. Stealing Beast or Bird not Larceny at Common Law. (Id. s. 31.)] 
 2nd ed. p. 154. did steal, take and carry away one bird [or beast], to wit, a parrot, 
 Offence 12. of tbe value of , the property of [the said] C. D., the complainant, 
 
 which was then and ordinarily kept in a state of confinement, contrary, 
 
 &c. 
 
 Id. Offence 13. n. The Complaint and Search Warrant for the stolen Beast or Bird 
 may be easily drawn from the Form No. 2 and 3, ante, p. HO. 
 
 12. Statement of Offence of having in Possession for the Conviction. 
 (Id. s. 32.)] had in his possession [or on his premises, situate at 
 
 aforesaid] a certain bird, to wit, a parrot, of the value of , the 
 
 property of [the said] C. D., the complainant, which had been theretofore 
 and ordinarily kept in a state of confinement, and which had then lately 
 before been unlawfully stolen, taken and carried away, by some person un- 
 known, the said bird [or the plumage of the said bird] having been found 
 therein by virtue of a certain search warrant theretofore in that behalf 
 duly granted, he the said A. B. then and there well knowing the said 
 bird to have been unlawfully stolen, taken and carried away, contrary, 
 &c. 
 
 Id. Offence 14. 13. Killing, ftc. House Doves or Pigeons. (Id. s. 33.)] did unlaw- 
 fully and wilfully kill [or wound or take] one house dove [or pigeon] of 
 
 the value of , the property of [the said] C. D., the complainant, then 
 
 and there being found [and if so, at a distance from and straying from 
 the place where the same did usually roost and build], contrary, &c. 
 
 Id. Offences 15, 14. Taking, fyc. Fis/i in Private Water, not belonging to a Dwelling- 
 16- house. (Id. s. 34)] did unlawfully take [or destroy] 
 
 [or attempt to take or destroy, by then and there using and drawing 
 
 nets for that purpose, or as the case may be~\ 
 
 five fish called perch, of the value of sixpence, then and there being 
 found in certain water, to wit, a pond [or stream] there situate, the pri- 
 vate property of one [or the said] C. D., the complainant, 
 
 [or wherein one [or the said] C. D., the complainant, then had a pri- 
 vate right of fishery], 
 
 and not running through or being in any land adjoining or belonging to 
 the dwelling-house of any person being the owner of such water, or 
 having a right of fishery therein, contrary, &c. 
 
 Id. Offences 17, 15. Angling in the Day Time in Water adjoining a Dwelling-house. 
 (Id. s. 34.)] did by angling in the day time, to wit, about the hour of 
 
 o'clock in the forenoon of the same day, unlawfully and wilfully 
 
 take [or destroy] 
 
 [or attempt to take or destroy] 
 
 five fish called perch, of the value of sixpence, then and there being 
 found * in certain water there running through and being in certain land 
 belonging [or adjoining] to the dwelling-house of one [or the said] C. D., 
 the complainant, the said C. D. being then and there the owner of the 
 said water [or the said C. D. having then and there a right of fishery in 
 thd said water], contrary, &c. 
 
 Id. Offence 19. 16. Angling in other Water. (Id. s. 34.)] Proceed to the asterisk* 
 in Form No. 15, supra, then: in a certain pond [or stream] of water 
 there situate, the private property of one [or the said] C. D., the com- 
 plainant, [or wherein one [or the said] C. D., the complainant], had a 
 private right of fishery], and not running through or being in any land
 
 CHAP, ii.] LARCENY. 143 
 
 adjoining or belonging to the dwelling-house of any person being the 
 owner of such water, or having a right of fishery therein, contrary, &c. 
 
 II. OF TREES, FENCES, &c. 
 
 17. Stealing, $c. Trees, Shrubs, $c. of Value of Is. (Id. s. 39.) did Oke's Synop. 
 steal, take, and carry away, 2nd ed. p. 156. 
 
 [or did cut, break, root up, or destroy, or damage, with intent then Offences20 
 
 and there to steal, take, and carry away], 22. 
 
 a certain [part of a certain] ash tree [or as the case may be], [to wit, five 
 branches thereof, if a part,] of the value of one shilling at the least, to 
 wit, two shillings, the property of one [or the said] C. D., the prosecutor, 
 then and there growing, 
 
 [or tf no stealiag, say here, and thereby doing injury to the said 
 C. D. to the amount of one shilling at the least, to wit, two 
 shillings, and leave out, of the value of one shilling at the least, 
 to wit, two shillings], 
 contrary, &c. 
 
 18. Stealing, Sfc. Fences, Stiles, Gates, fa. (Id. s. 40.)] did steal, take, Id. Offences 23 
 and carry away 25. 
 
 [or did cut, or break, or root up, or throw down, with intent then 
 
 and there to steal, take, and carry away], 
 
 [part of ] a certain dead [or live] fence, [or a certain wooden post, pale, 
 or a rail set up and used as a fence, or a certain stile or gate], to wit, 
 
 pieces of wood of the value of , the property of one [or the 
 
 said] C. D., the complainant, 
 
 [or if for injuring, say here, and thereby doing injury to the said 
 C. D. to the amount of , and leave out, of the value of 
 
 contrary, &c. 
 
 19. Complaint for a Search Warrant, to search for stolen Trees, Fences, Id. Offence 26. 
 <$T., to value of 2s. (Id. ss. 41, 63.)] Proceed in the usual form of 
 information No. 1, ante, p. 23, and Men: that he, the said C. D., hath 
 
 reasonable cause to suspect, and doth suspect and believe that A. B. of, 
 
 &c., hath in his possession [or on his premises situate at , and with 
 
 his knowledge,] certain ash trees, to wit, six ash trees, [or fence, &c..] of 
 the value of two shillings at the least, to wit, three shillings, the property 
 
 of the said C. D., which were lately, to wit, on the day of , at 
 
 the parish of aforesaid, by some person unknown, stolen, taken, and 
 
 carried away, being then and there growing, contrary, &c. 
 
 20. Search Warrant thereon.] This will be similar to the Form No. 3, 
 ante, p. 140. 
 
 21. Statement of the Offence of having stolen Trees, Sfc. t for the Con- 
 viction. (Id. s. 41.)] For that a certain [beech tree] of the value of 
 two shillings at the least, to wit, three shillings, was found on the premises 
 [or in the possession] of the said A. B. there situate, by virtue of a certain 
 search warrant theretofore in that behalf duly granted, he, the said A. B., 
 well knowing the said [tree] to be on his premises aforesaid, and that he, 
 the said A. B., being now here brought before me, the said justice, doth 
 not show unto or satisfy me, the said Justice, that he came lawfully by 
 the said tree, but hath altogether failed in so doing, contrary, &c.
 
 144 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 22. Stealing, 6>-c., Plants, Fruits, fyc. in Gardens, $c. (Id. s. 42.)] 
 2nd ed. p. 156. did steal, take, and carry away, 
 Offences 27, 28. [ or destroy, or damage, with intent then and there to steal, take, and 
 
 carry away,] 
 certain fruit, [or plant, root, or vegetable production,] to wit, one peck of 
 
 apples, of the value of , the property of one [or the said] C. D., then 
 
 and there growing in a certain garden [or orchard, nursery-ground, hot- 
 house, green-house, or conservatory,] of the said C. D. there situate, 
 
 [or if for an injury, say here, and thereby doing injury to the saidC.D. 
 
 to the amount of , and leave out, of the value of ,] 
 
 contrary, &c. 
 
 Id. Offences 29, 23. Stealing, $c., Roots or Plants, $c., growing elsewhere. (Id. s. 43.)] 
 30. did steal, take, and carry away 
 
 [or destroy, or damage, with intent then and there to steal, take, and 
 
 carry away,] 
 
 certain cultivated roots [or plants] used for the food of man, [or beast, or 
 for medicine, or distillery, or dyeing, or for or in the course of a certain 
 
 manufacture, to wit, ,J to wit, ten , of the value of , the 
 
 property of one [or the said] C. D., then and there growing in certain 
 inclosed [or open] land of the said C. D. there situate, and not being a 
 garden, orchard, or nursery-ground, 
 
 [or if for an injury, say here, and thereby doing injury to the said 
 
 C. D. to the amount of , and leave out of the value 
 
 of ,] 
 
 contrary, &c. 
 
 III. ACCESSORIES AND RECEIVERS. 
 
 Id. p. 158. 24. Aiding and abetting, fyc., in the Commission of Offences. (Id. s. 
 
 Offence 31. 62.)] These offences may be described as in the General Forms No. 6 or 7, 
 ante, p. 26. 
 
 Id. Offence 32. 25. Knowingly receiving. (Id. s. 60.)] did then and there receive one 
 
 oak tree [or as the case may be], of the value of , the property of one 
 
 [or the said] C. D., the complainant, then lately before unlawfully stolen 
 by some person unknown [or by one E. F.,] from certain land of the said 
 C. D., on which the same was then and there growing, he, the said A.B., 
 then and there well knowing the said tree to have been unlawfully come 
 by, contrary, &c. 
 
 26. Discharge from a First Conviction. (Id. s. 68.)] The conviction 
 will be in the regular form to the end of the adjudication, and then thus: but 
 this being the first conviction of the said A. B., I do discharge him there- 
 from on payment forthwith of the following sums, ascertained by me for 
 
 damages and costs, that is to say, to C. D., the party aggrieved, 
 
 for damages ; and to the said C. D. for his costs. 
 
 27. Discharge from Custody, where Offender discharged from Conviction 
 after Committal. (Id.) 
 
 To the keeper of the [house of correction] at , in the said 
 
 [county] of . 
 
 Whereas A. B., late of , &c., was on the day of duly 
 
 convicted before me, the undersigned, one of her Majesty's justices of the 
 peace in and for the said [county] of , and committed to your custody
 
 LARCENY LIGHTING AND WATCHING. 145 
 
 in the said [house of correction], for that he, the said A. B., did on the Oke's Synop. 
 
 day of , at the parish of , [state the offence and the adjudi- 2nd ed. p. 158. 
 
 cation, and then] and whereas the said A. B. hath made satisfaction to the 
 said C. D., the party aggrieved, for his damages and costs occasioned by 
 
 the said offence, as ascertained this day by me at the sum of , and 
 
 hath accordingly paid the same, and I, the said justice, have discharged 
 him, the said A. B., from his said conviction, (the same being his first 
 conviction,) pursuant to the statute in such case made and provided: 
 These are therefore to command you, the said keeper, forthwith to dis- 
 charge the said A. B. out of your custody for the cause aforesaid, and no 
 other, and for your so doing, &c- 
 
 The Convictions will be in the General Forms, No. 41 (I. 3), ante, PRACTICAL 
 p. 39, where imprisonment with or without whipping adjudged ; and No. OBSERVATIONS. 
 40 (I. 2), ante, p. 39, where penalty and sum for value or damage ad- 
 ; udged, and imprisonment in default of payment. The necessary variations 
 in Conviction No. 41 will be : 
 
 Where Whipping adjudged.] Insert after the term of imprisonment, 
 " and also that the said A. B.. after the expiration of four days 
 from the date thereof, and before the expiration of the said term 
 of imprisonment, shall be once [or twice] publicly [or privately] 
 whipped. " 
 
 Where for a Second Offence.] Insert the averment of the previous 
 conviction as given in the General Consolidated Form of Con- 
 viction No. 42, ante, p. 40. 
 
 The necessary variations in Conviction No. 40 will be : 
 
 Where for a second Offence.] Insert the averment of the previous 
 conviction as given in the General Consolidated Form of Convic- 
 tion No. 42, ante, p. 40. 
 
 Where Sum adjudged for Value or Damage, in addition to the Penalty.] 
 Insert in the adjudication, " to forfeit and pay the sum 
 
 of , over and above the amount of the injury so done [or 
 
 the value of the article so stolen] as aforesaid, and for the said 
 
 injury so done [or articles so stolen] the further sum of , to 
 
 be respectively paid, &c." 
 
 The General Forms for enforcing the convictions will be : 
 
 Where Imprisonment with or without Whipping adjudged.] The Form 
 of commitment for the offence No. 48 (P. 1), ante, p. 46; and 
 the Distress Warrant, &c., for the costs, No. 49 ( P. 3) 51 , ante, 
 p. 46 48, each adapted to the conviction above. 
 
 Where Penalty, or Damage, or Value adjudged.] The Form of com- 
 mitment No. 52 (O. 1), ante, p. 49, adapted to the conviction 
 above. 
 
 LIGHTING AND WATCHING ACT. 
 
 1. Damaging Lamps, $c. (3 & 4 Will. 4, c. 90, s. 55.)] did wil- Oke's Synop. 
 fully break [or throw down, spoil or damage] a certain watchhouse [or 2nd edit. p. 158. 
 watchbox, lamp, lamp iron, lamp post, pale, rail, chain, or as the case may Offence 1. 
 be,] then and there being erected, put up and fixed by the inspectors duly 
 appointed and acting under and by virtue of an act passed in a session of 
 parliament held in the third and fourth years of the reign of his late 
 
 L
 
 146 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. Majesty King William the Fourth, intituled " An Act to Repeal an Act 
 
 2nd ed. p. 158. of the eleventh year of his late Majesty King George the Fourth, for the 
 
 Lighting and Watching of Parishes in England and Wales, and to make 
 
 other provisions in lieu thereof," contrary to the form of the same statute. 
 
 Id. Offence 2. 2. Extinguishing Light of Lamp. (Id.)] did wilfully extinguish the 
 light of a certain lamp then and there being and then put up and fixed 
 by, &c. [conclude as Form No. 1 .] 
 
 3. General Forms to be used in enforcing the Convictions, No. 39 
 (I. 1), ante, p. 38, or No. 40 (I. 2), ante, p. 39, for the above described 
 offences, as the case may be.'] Commitment No. 52 (0. 1), ante, p. 49, 
 where penalty not recovered by distress, and where so recovered by the 
 Distress Warrant, &c. No. 53 (N. 1) 58, ante, p. 5052. 
 
 Id. Offence 3. 
 
 Id. p. 160. 
 Offence 9. 
 
 4. Complaint of Clerk of Inspectors for Recovery of Damage from 
 Person carelessly breaking Lamps, fyc. (Id. s. 56.)] Proceed in the 
 General Form of Information No. 1, ante, p. 23, and then : that on the 
 
 day of last, at the parish of , in the [county~\ aforesaid, 
 
 A. B., of the parish of aforesaid, did carelessly [or accidentally] 
 
 break a certain lamp [or lamp iron, or post, or as the case may 6e], then 
 and there being put up and fixed by [tfe^Jbllaw to end of Form No. 1, 
 supra, then :] that the amount of the damage [or injury] so done, is the 
 sum of , and the said A. B. hath not made satisfaction to the said in- 
 spectors for the same, although demand thereof was on the day of 
 
 made by the said C. D., the complainant, on the said A. B. 
 
 5. Summons thereon.] This will be in the General Form No. 8 (A.), 
 ante, p. 26, reciting the complaint No. 4, supra. 
 
 6. Award or Order for Payment of Amount of Damage. (Id. s. 56.)] 
 This will be in the General Form No. 44 (K. 1), ante, p. 42, enforced by 
 the Distress Warrant, &c. No. .66 (N. 2) 71, ante, p. 5759. 
 
 7. Watchmen, Sfc. refusing to deliver up Clothing on Resignation or 
 Removal. (Id. s. 40.)] theretofore being a watchman [or as the case may 
 
 be] for the said parish of , and duly appointed under an act passed 
 
 [4"C., here insert title, fyc. of act as in Form No. 1, supra"], did then and 
 there resign [or was then and there removed from] his said office of 
 watchman [or as the case may be], and did neglect [or refuse], and doth 
 still neglect [or refuse] to return to the said inspectors certain clothing [or 
 arms, ammunition, or weapons], provided for his use as such watchman, 
 
 the property of the said inspectors, to wit, [here describe the articles], 
 
 contrary to the form of the same statute. 
 
 8. General Forms to be used in enforcing the Conviction No. 39 (I. 1), 
 ante, p. 38, for the last described offence} ; Distress Warrant, &c., No. 53 
 (N. 1) 58, ante, p. 5052. 
 
 Vide further tit. " Constables," ante, p. 99, and in Part III. tit. 
 " Constables (under Lighting and Watching Act)," post.
 
 CHAP, ii.] MALICIOUS INJURIES. 147 
 
 MALICIOUS INJURIES. 2nd 
 
 I. To Trees, Plants, Fences, &c. 
 II. To any other Property. 
 III. Accessories. 
 
 I. To TREES, PLANTS, FENCES, &c. 
 
 1. Damaging Trees, Shrubs, fyc'. to amount of Is. (7 & 8 Geo. 4, Id. Offences 
 c. 30, s. 20.)] did unlawfully and maliciously cut [or break, bark, or 1,2. 
 
 root up,] 
 
 [or destroy, or damage] 
 
 certain trees [or part of a certain ash tree], to wit, three ash trees, the 
 property of one [or the said] C. D., the complainant, then and there 
 growing on certain land there situate [in the occupation of the said C. D.] 
 and thereby doing injury to the said C. D. to the amount of one shilling, 
 at the least, to wit, two shillings, contrary, &c. 
 
 2. Damaging Plants, Fruits, SfC. in Gardens, $c. (Id. s. 21.)] did Id. Offences 3, 
 unlawfully and maliciously destroy 4. 
 
 [or damage with intent then and there to destroy the same] 
 certain plants [or roots, fruit, or vegetable production], to wit, ten cauli- 
 flowers, the property of one [or the said] C. D., the complainant, then 
 and there growing in a certain garden [or orchard, nursery ground, hot- 
 house, greenhouse, or conservatory] [in the occupation] of the said C. D. 
 there situate, and thereby doing injury to the said C. D. to the amount 
 of' , contrary, &c. 
 
 3. Damaging Roots, Plants, $c. growing elsewhere. (Id. s. 22.)] Id. p. 162. 
 did unlawfully and maliciously destroy Offences 5, 6. 
 
 [or damage with intent then and there to destroy the same] 
 certain cultivated roots [or plants] used for the food of man [or beast, or 
 for medicine, or for distilling, or dyeing, or for or in the course of a certain 
 
 manufacture, to wit, ], to wit, ten , the property of one [or the 
 
 said] C. D., then and there growing in certain open [or inclosed] land 
 [in the occupation] of the said C. D. there situate, not being a garden, 
 orchard, or nursery ground, and thereby doing injury to the said C. D. to 
 the amount of , contrary, &c. 
 
 4. Damaging Fences, Stiles, Gates, Sfc. (Id. s. 23.)] did unlawfully Id. Offences 7, 
 and maliciously cut [or break, or throw down] 8. 
 
 [or destroy] 
 
 [a certain part of] a certain fence [or wall, stile, or gate] there, to wit, a 
 quickset hedge [or as the case may be], the property of one \or the said] 
 C. D., the complainant, then and there being, thereby doing injury to the 
 said C. D. to the amount of , contrary, &c. 
 
 PRACTICAL OBSERVATIONS. The Convictions for the above described 
 offences will be in the General Forms, No. 41 (I. 3), ante, p. 39, where 
 imprisonment with or without whipping adjudged, and No. 40 (1. 2), 
 ante, p. 39, where a penalty and sum for damage imposed. The neces- 
 sary variations in conviction No. 41 will be as under tit. " Larceny," 
 ante, p. 145. 
 
 The necessary variations in Conviction No. 40 will be : 
 
 Where for a second offence.] Insert the averment of the previous 
 conviction as shown in the General Consolidated Form of Con- 
 viction, No. 42, ante, p. 40. 
 L 2
 
 148 
 
 Oke's Synop. 
 2nd eel. p. 162. 
 
 Summary Convictions and Orders. [PART I. 
 
 Where sum adjudged for damage in addition to penally.'] Insert in the 
 
 adjudication, "to forfeit and pay the sum of over and 
 
 above the amount of the injury so done as aforesaid, and for 
 the said injury so done, the further sum of , to be respec- 
 tively paid," &c. 
 
 The General Forms for enforcing the Convictions will be as stated 
 under tit. "Larceny," ante, p. 145. 
 
 II. To ANY OTHER PROPERTY. 
 
 Id. Offence 9. 5. Damaging any other Real or Personal Property. (Id. s. 24.)] did 
 wilfully [or maliciously] commit damage, injury and spoil to and upon 
 a certain window, the property of one [or the said] C. D., the complain- 
 ant, then and there being, by then and there breaking three panes ofcglass 
 therein, and the wood [or leadwork] thereof, 
 
 [or upon certain grass and herbage laid for mowing, then and there 
 growing in a certain close of one [or the said] C. D., there 
 situate, by then and there walking and trampling upon and 
 breaking down the same [or by then and there playing thereon 
 at a certain game called cricket], 
 
 [or upon a certain fence or ditch, duly made and done for the pur- 
 poses of the inclosure of the said parish of , under the 
 
 provisions of the statute in that case made and provided, by 
 then and there breaking down the same], 
 [or upon a certain allotment, set out by the valuer duly appointed in 
 
 the matter of the inclosure of the said parish of , under the 
 
 provisions of the statute in that case made and provided, to one 
 C. D., and duly directed to be made and entered upon by the 
 saidC.D.], 
 
 and thereby doing injury to the said C. D. to the amount of , con- 
 trary, &c. 
 
 6. The Conviction for either of the offences described in the Form No. 
 5, supra, will be in the General Form No. 40 (I. 2), ante, p. 39, the only 
 variation being to insert in the adjudication, to forfeit and pay the sum of 
 , [such sum appearing to me to be a reasonable compensation for the 
 said damage, injury and spoil, so committed as aforesaid], to be paid, 
 &c. Thejorm to be used in enforcing such conviction will be the Commit- 
 ment No. 52 (O. 1), ante, p. 49. 
 
 III. ACCESSORIES. 
 
 7. hiding, Abetting, Sec. Offenders. (Id. s.31.)] These offences may 
 be described as in the General Forms No. 6 or 7, ante, p. 26. 
 
 8. Discharge of Offender from a first Conviction, and from Custody 
 (Id. s. 34.] These Forms, where necessary, will be nearly the same as 
 Forms No. 26 and 27, tit. " Larceny," ante, p. 144.
 
 CHAP, ii.] MANUFACTURES, &c. 149 
 
 MANUFACTURES, &c. 
 
 I. As to Artificers, Manufacturers, Miners, fyc. 
 
 II. As to Workmen in the Cotton, Fustian, Hat, Linen, Woollen, 
 Flax, Hemp, Mohair, Silk, Fur, Leather, or Iron Manufactures, 
 and Dyers. 
 
 III. As to Workmen in the Cotton, Flax, Linen, Mohair, Silk, or 
 
 Woollen Hosiery Manufactures. 
 
 IV. Regulations as to Mines. 
 
 I. As TO ARTIFICERS, MANUFACTURERS, MINERS, &c. 
 
 1. Making illegal Contract under Truck Act. (1 & 2 Will. 4, c. 37, Oke's Synop. 
 ss. 1, 2, 9.)] then being the employer of one [or the said] C. D. [the 2nded. p. 164. 
 complainant], an artificer employed in the manufacture [or trade, oroccu- Offence 12. 
 
 pation] of , [as the case may be], did.then and there [if by an agent, 
 
 say, by the agency of one E. F., his servant or foreman] * enter into a 
 certain illegal contract with the said C. D., to wit, that the wages [or 
 part, to wit, two shillings a week of the wages, or as the case may be~\, to 
 become payable in respect of such employment, from the said A. B. to 
 the said C. D., should be* paid by the said A. B. otherwise than in 
 the current coin of this realm, to wit, in bread, 
 
 [or from the second asterisk*, laid out and expended at a certain 
 
 shop at , in the parish of aforesaid, kept by the said 
 
 A. B. [or by one E. F.J, for the sale of grocery and other 
 articles], 
 
 contrary to the provisions of the act to prohibit the payment of wages 
 in goods. 
 
 2. Making illegal Payment. (Id.ss.3,9.)] Proceed to the first asterisk* id. Offence 3. 
 ire Form No. 1, and then : unlawfully pay to the said C. D. certain 
 
 wages then due and payable in respect of such employment by the said 
 A. B. to the said C D., to wit, two shillings, otherwise than in the current 
 coin of the realm, to wit, in four loaves of bread, the said loaves not being 
 victuals dressed or prepared under the roof of the said A. B., and there 
 consumed by the said C. D., contrary, &c. [as in No. 1.] 
 
 N. B. The Conviction for the above described offences will be in the 
 General Form No. 39 (I. 1), ante, p. 38; and in the case of a 
 second or subsequent offence inserting the averment of the pre- 
 vious conviction as in the General Consolidated Form of Con- 
 viction No. 42, ante, p. 40. The Forms for enforcing will be 
 Distress Warrant, &c. No. 5358, ante, p. 50 52. 
 
 3. Colliers or Miners working contrary to their Contracts. (39 & 40 Id. Offences 4. 
 Geo. 3, c. 77, s. 3.)] enter into a certain contract [or agreement] with 5. 
 
 [the said] C. D., the complainant, in writing, for- the raising of certain 
 coal [or as the case may be} from a certain mine there situate, and did 
 afterwards, to wit, on the day of , at the parish of afore- 
 said,* wilfully, and to the prejudice of the said C. D., the owner of the 
 said coal mine, raise [or get or work ; or caused to be raised, got or 
 
 worked] a certain, to wit, tons of the said coal in a different manner 
 
 than in his stipulation aforesaid in respect thereto, and contrary to the 
 directions and against the 'will of the said C. D. [or of one E. F., the 
 agent of the said C. D., and then and there having the care of the said 
 coal mine], contrary, &c.
 
 150 
 
 Oke's Synop. 
 2nded. p.164. 
 Offence 6. 
 
 Id. p. 166. 
 Offences 7, 8. 
 
 Id. Offence 9. 
 
 Summary Convictions and Orders. [PART i. 
 
 4. Desisting from Engagement. (Id.)] Proceed to the asterisk* in 
 Fotm No. 3, then: desist from [or refuse to fulfil] the said engagement 
 so entered into as aforesaid, contrary, &c. 
 
 N.B. The Conviction for the offences described in Forms No. 3 and 
 4, supra, will be in the General Form No. 40 (I. 2), ante, p. 39, 
 enforced by the Commitment No. 52 (0. 1), ante, p. 49. 
 
 5. Fraudulently stacking Coal, fyc. (Id. s. 4.)] then being employed 
 by [the said] C. D. in a certain coal [or iron] mine there situate, called 
 , [or as the case may be'],* did wall [or stack] 
 
 [or caused to be walled or stacked] 
 
 a certain quantity, to wit, tons of coal [or as the case may be~] in 
 
 the said mine, in a certain false [or fraudulent manner], to wit, - 
 [here describe if], with an intent then and there to deceive the said C. D. 
 his employer, contrary, &c. 
 
 6. Removing Ironstone, fyc. fraudulently. (Id.)] Proceed to the 
 asterisk * in Form No. 5, then : did take [or remove] a certain quantity, 
 to wit, fifty pounds weight of ironstone [or iron ore], then being in a 
 certain level in the said mine, with intent then and there to defraud one 
 E. F., who theretofore had raised the same, contrary, &c. 
 
 N. B. The Conviction for the offences described in the Forms No. 5 
 and 6, supra, will be the General Form No. 41 (I. 3), ante, 
 p. 39, enforced by Commitment No. 48 (P. 1), ante, p. 46, and 
 the costs by Distress Warrant, &c. No. 49 51, ante, p. 46 48. 
 
 II. As TO WORKMEN IN THE COTTON, FUSTIAN, HAT, LINEN, WOOLLEN, 
 FLAX, HEMP, MOHAIR, SILK, FUR, LEATHER, OR IRON MANUFACTURES, 
 AND DYERS. 
 
 Id. p. 166. 7. Embezzling, fyc., Materials or Tools. (22 Geo. 2, c. 27, s. 1, and 
 
 Offences 10, 11, 17 Geo. 3, c. 56, s. 16.)] being then and there a person hired and 
 
 12. employed by [the said] C. D., the complainant, to prepare and work up 
 
 certain manufactures made of wool, to wit, work up fifty pounds weight 
 
 of sheep's wool into worsted tops, did then and there unlawfully purloin [or 
 
 embezzle, secrete, sell, pawn, exchange, or unlawfully dispose of,] part of 
 
 the said wool, that is to say, ten pounds weight of the said wool, of the value 
 
 of , with which he the said A B. had been entrusted by the said 
 
 C. D., contrary, &c. 
 
 Id. Offence 13. 8. Not returning unused Materials. (Id. s. 7.)] being then and there 
 a person intrusted by [the said] C. D., the complainant, with certain 
 woollen [or as the case may be~] materials, to wit, twenty pounds weight of 
 woollen yarn, in order then and there to manufacture, prepare, and work 
 up the same into stockings,* and having then used ten pounds weight of 
 such materials in the manufacturing of the same, did then and there 
 neglect [or delay] for the space of eight days, to wit, for fifteen days after 
 the said ten pounds weight of materials were so manufactured, to return 
 so much, to wit, ten pounds weight of the said materials, of the value of 
 
 , as was not used as aforesaid by the said A. B., although the said 
 
 A. B. was, on the day of last, required so to do by the said 
 
 C. D., then being the ownei of such materials, contrary, &c. 
 
 N.B. The Conviction for the offences described in the Forms No. 
 7 and 8, supra, will be in the General Form No. 41 (I. 3), 
 ante, p. 39, with this addition to the adjudication (and if a second 
 or subsequent offence, the averment of previous convictions in 
 No. 42, ante, p. 40) : and also that the said A. B. shall during
 
 CHAP, ii.] MANUFACTURES, &c. 151 
 
 sucb imprisonment be once publicly whipped." The Conviction Oke's Synop. 
 is enforced by the General Forms No. 48 51, ante, p. 46 48. 2nd ed. p. 166. 
 
 9. Refusing inspection by Owner. (17 Geo. 3, c. 56, s. 15. )J Proceed Id. Offence 14. 
 to the asterisk * in Form No. 8, supra, then : did then and there refuse to 
 
 allow the said C. D., as such owner thereof, to enter the shop of the said 
 A. B. there situate, in order then and there to inspect the state and con- 
 dition of the said materials, contrary, &c. 
 
 N.B. The Conviction, fyc. will be the same as under Forms No. 1 
 and 2, ante. p. 149. 
 
 10. Receiving Materials in a fictitious Name. (Id. s. 9.)] did, in a id. Offence 15. 
 certain fictitious name, to wit, in the name of G. H., unlawfully receive (From 5 Burn's 
 
 from one C. D. certain materials of [leathern manufacture,] to wit, , Jus. 29th ed. 
 
 in order to be manufactured, contrary, &c. p. 937.) 
 
 11. Giving such Materials to others. (Id.)] being then and there Id. p. 168. 
 employed by one C. D. to deliver certain materials of [leathern] manu- Offences 16. 17. 
 facture, to wit, , to one G. H., a workman, to be by him, the said 
 
 G. H., prepared and wrought up, did then and there unlawfully and de- 
 signedly deliver the same to one J. J., who was then and there another 
 and different person than the person to whom such materials were ordered 
 and intended to be delivered by the said C. D., the owner thereof, con- 
 trary, &c. 
 
 N.B. The Cojiviction, $c ., will be the same as stated under Forms 
 No. 5 and 6, ante, p. 150. 
 
 12. Selling, 4'C., wrought or unwrought Materials. (Id. s. 5.] did sell Offences 18 
 [or pawn, pledge, or as the case may be,} 20. 
 
 [or knowingly offer to sell, &c., as (lie case may be,} 
 
 to one E. F., certain unwrought materials, to wit, , which had been 
 
 theretofore purloined [or embezzled] from one F. G., contrary, &c. 
 
 N.B. The Conviction, Sfc., is the same as for offences described in 
 Forms No. 7 and 8, ante, p. 150. 
 
 13. Buying Materials from a Workman. (22 Geo. 2, c. 27, s. 2, and Id. Offences 21, 
 17 Geo. 3, c. 56, s. 3.)] did unlawfully buy [or receive, or accept, or 22. 
 
 take, as the case may be,~\ of and from one E. F., of &c., certain woollen 
 materials, to wit, ten pounds weight of sheep's wool, the property of [the 
 said] C. D., the complainant, he the said E. F. then being a person hired 
 and employed by the said C. D. to prepare and work up manufactures 
 made up of wool, to wit, to work up sheep's wool into worsted tops, and the 
 said A. B. then and there well knowing that the said E. F. was so hired 
 and employed, and the said A. B. not having first obtained the consent of 
 the said C. D., contrary, &c. 
 
 14. Buying embezzled Materials. (Id.)] did unlawfully buy [or as the Id. Offence 23. 
 case may be} ten pounds weight of woollen yarn, of the value of , the 
 
 property of [the said] C. D., the complainant, from one E. F., the said 
 yarn having been before then unlawfully purloined [or embezzled] by one 
 F. G. [or by some person unknown], and the said A. B. then and there 
 well knowing the same, contrary, &c. 
 
 N. B. The Conviction for the offences, if a first offence, described 
 in Forms No. 13 and 14, supra, will be in the General Form 
 No. 40 (I. 2), ante, p. 39, where penalty adjudged; or if 
 whipping, 6fc., No. 41 (I. 3), ante, p. 39, with this variation : 
 after stating the adjudication of imprisonment for three days,
 
 152 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. insert, " and we do also hereby order that the said A. B. shall, 
 
 2nd ed. p. 168. within the said period of three days be once publicly whipped 
 
 in the market [or other public] place of the parish wherein the 
 said [house of correction] shall be situated." The Conviction 
 No. 40 is enforced by the Commitment No. 52 (O. 1), ante, 
 p. 49 ; and No. 41, by Commitment, &c., No. 48 (P. 1), ante, 
 p. 46 ; and the Costs, by Distress Warrant No. 4951, ante, 
 p. 4648. 
 
 Id Off ce 24 *> Having purloined Leathern, %c., Materials in Possession, without 
 giving good Account thereof. (17 Geo. 3, c. 56, s. 10.)] [CompUiint on 
 Oalh for Search Warrant.] that he hath cause to suspect and doth 
 suspect, that a quantity of purloined and embezzled materials used in the 
 worsted, woollen, cotton, mohair, or silk manufactures, are concealed in 
 the dwelling-house [or as the case may be], in the possession and occu- 
 pation of A. B., of, &c., situate at , in the said county of . 
 
 15 a. Search Warrant. 
 
 To the constable of the township of , in the riding of the 
 
 county of York, and all bailiffs and constables within the said 
 riding, and their lawful deputies. 
 
 > Whereas C. D., of the township of , in the said riding, 
 
 to wit. J inspector of worsted yarn, hath this day made information and 
 complaint upon oath before us, whose names are hereunto subscribed and 
 seals affixed, two of her majesty's justices of the peace in and for the said 
 riding, that he hath cause to suspect and doth suspect, that a quantity of 
 purloined and embezzled materials, used in the worsted, woollen, cotton, 
 mohair, or silk manufactures, are concealed in the dwelling-house, out- 
 houses, yard, garden, or other place or places in the possession and occu- 
 pation of A. B., of the township of Sowerby in the said riding, waste 
 dealer, and our warrant being prayed to search the said premises for the 
 said materials : We do therefore, in pursuance of the statute in that behalf 
 made, authorize and command you, and each of you, to whom this our 
 warrant is directed, to enter in the day time and search the said dwelling- 
 house, outhouses, yard, garden, or other place or places in the possession 
 and occupation of the said A. B., and if on such search any materials sus- 
 pected to be purloined or embezzled, in the manufactures aforesaid, shall 
 be found, that then you do seize the same, and bring them, together with 
 the person or persons in whose house, outhouses, yard, garden, or other 
 place or places the same shall be found, before any two justices of the 
 peace acting for the said riding, to the end that the same may be disposed 
 of, and the guilty party or parties dealt with according to law. Given 
 
 under our hands and seals, at Halifax, in the said riding, the day of 
 
 , in the year of our Lord one thousand eight hundred and . 
 
 J. S. (L. s.) 
 J. P. (L. s.) 
 
 15 b. Conviction (a).'] for that, on the day of , at, &c., 
 
 T. Y. and M. N., Esquires, two of her Majesty'sjustices of the peace in and 
 for the said county, upon complaint made to them upon oath by one I.J., 
 being a credible person, that there was cause to suspect that certain pur- 
 loined and embezzled materials of [leather] were concealed in the dwel- 
 ling-house of the said A. B., at aforesaid, by virtue of a warrant 
 
 under their hands and seals pursuant to the statute in such case made and 
 
 (a) This Form was held good in Davis v. Ke$t, 6 C. & P. 167.
 
 CHAP, ii.] MANUFACTURES, &c. 153 
 
 provided, did cause the said dwelling-house to be searched in the day 
 time ; and that upon such search, under tlie said warrant, certain mate- 
 rials used in the manufacture of [leather], to wit, [two skins of leather], 
 suspected to be purloined and embezzled, were found in the same dwelling- 
 house ; and the said materials so found as aforesaid, and the said A. B. 
 
 were thereupon, to wit, on the said day of , brought before us 
 
 the said J. K. and L. M., and the said A. B. being so brought before us 
 the said last-mentioned justices * did not then, or at any other time, give 
 any account to the satisfaction of us the said justices how he came by the 
 said materials, contrary, &c. And we adjudge, &c. 
 
 Variation in above Conviction, where the Justices appoint a Time for 
 Defendant to produce Persons to account for the Defendant's Possession of 
 the Materials, under s. 12.] Proceed as in the preceding Form to the *, 
 and then thus : did request of us to appoint a reasonable time to produce 
 one E. F., whom he alleged to be the person duly entitled to sell and dis- 
 pose of the said materials, of and from whom he bought and received the 
 same, and also one G. H., a credible witness, to prove the sale and delivery 
 
 thereof; and we did therefore appoint the said day of , being a 
 
 reasonable time, for the purpose aforesaid ; and we did issue our sum- 
 monses to the said E. F. and G. H . to appear before us on the said 
 
 day of to be examined and give evidence on oath as to the matter 
 
 aforesaid ; on which said day of the said E. F. and G. H. did 
 
 appear before us, and, being sworn and examined, did severally depose 
 that they had not any knowledge of the said materials so found in the 
 said dwelling-house of the said A. B. as aforesaid; and the said A. B. did 
 not give any account to the satisfaction of us the said justices how he 
 came by the said materials, contrary, &c. And we adjudge, &c. 
 
 15 c. Another Statement of Offence for having embezzled Materials in 
 Possession. (17 Geo. 3, c. 56, ss. 10, 11, 14.)] unlawfully had in his 
 possession in his dwelling-house there situate certain materials used in the 
 worsted and woollen manufactures, to wit, ten pounds weight of sheep's 
 wool, commonly called twils, and twenty pounds weight of sheep's wool, 
 commonly called worsted waste, then and there suspected to have been 
 theretofore unlawfully purloined and embezzled, contrary, &c. 
 
 N. B. The Conviction for offence described in Forms No. 15 or 15 c 
 
 will be in the General Form No. 39 (1. 1), ante, p. 38, enforced 
 
 by Distress Warrant, &c. No. 53 58, ante, p. 50 52. 
 
 16. Neglecting Work, ^c. (17 Geo. 3. c. 56, s. 8.)] then being a Oke's Synop. 
 person hired [retained or employed] by one {or the said] C. D., the com- 2nd ed. p. 170. 
 plainant, * to work up [or prepare] certain manufactures made up of wool, Offence 30. 
 
 to wit, to work up fifty pounds weight of sheep's wool into worsted tops 
 for the said C. D., his master, did .wilfully neglect [or refuse] the perform- 
 ance of the said work for more than eight days successively, that is to 
 say, from the day of , to the day of , contrary, &c. 
 
 17. For taking in Work for others. (Id. s. 8.)] being hired, re- Offence 31. 
 tained, and employed by C.D., having then and there taken in certain (From 5 Burn's 
 
 materials, to wit, , for manufacture from the said C. D., his master, J us - 29th ed. 
 
 did afterwards and whilst he had such materials for manufacture as afore- P 4 936.) 
 
 said, to wit, on, &c., at, &c., take in certain other materials, to wit , 
 
 for manufacture from one E. F., another master of the said A. B., con- 
 trary, &c. 
 
 N.B. The Conviction for the offences described in the Forms 
 No. 16, 17, supra, will be in the General Form No. 41 (1.3),
 
 154 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. ante, p. 39, enforced by Commitment No. 48, ante, p. 46, and 
 
 2nd ed. p. 170. costs by Distress Warrant, &c. No. 4951, ante, p. 46 48. 
 
 Id. Offences 33 
 _ 35. 
 
 Id. Offence 37. 
 
 III. As TO WORKMEN IN THE COTTON, FLAX, LINEN, MOHAIR, SILK, 
 OR WOOLLEN HOSIERY MANUFACTURES. 
 
 *8. Persons entrusted with Materials, selling, fyc. same. (6 & 7 Viet. 
 c . 40, s. 2.)] then being a person entrusted by one [or the said] C. D. 
 with certain woollen [or linen, cotton, flax, mohair, or silk] materials,* 
 to wit, three pounds weight of - , of the value of - , for the purpose 
 of being prepared [or worked up, or manufactured] into certain articles of 
 hosiery, to wit, - , by the said A. B., and by other persons to be em- 
 ployed by him,* 
 
 [or if so, omit the matter between the asterisks * *, and say, to wit, 
 five pairs of stockings, of the value of - , for a certain pur- 
 pose and work, incidental to the manufacture of articles of 
 hosiery, to wit, the seaming of stockings], 
 
 did then and there sell [or pawn] to one E. F. [or purloin, embezzle, 
 secrete, exchange, or fraudulently dispose of] the same materials, con- 
 trary, &c. 
 
 19. Neglecting to return Materials for fourteen Days. (Id. s. 3.)] 
 This may be readily framed from No. 8, ante, p. 150. 
 
 N. B. The Conviction for the offences described in Forms No. 18 
 and 19, supra, will be in the General Form No. 39 (I. 1), ante, 
 p. 38, enforced by Distress Warrant, &c. No. 53 58, ante, 
 p. 50-52. 
 
 Id. p. 172. 
 Offence 38. 
 
 Id. Offences 39, 
 40. 
 
 20. Buying Materials from a Workman. 
 readily framed from No. 13, ante, p. 151. 
 
 (Id. s. 4.)] This may be 
 
 21. Other Persons selling or pawning Materials. (Id. s. 5.)] This 
 may be readily framed from No. 14, ante, p. 151. 
 
 N. B. The Conviction, &c. will be the same as under Nos. 18, 19, 
 supra. 
 
 Id. Offence 41. 22. Notjinishing Work by time agreed on. (Id. s. 7.)] then being a 
 person intrusted by one [or the said] C. D., and contracting to prepare [or 
 work up, or manufacture] by himself, and by other workmen to be em- 
 ployed under him, certain woollen [or as the case may be] materials, to 
 
 wit, , of the value of , with articles of hosiery, to wit, , did 
 
 not then and there prepare [or work up, or manufacture] the said mate- 
 rials and return the same within seven clear days after the time agreed 
 
 upon between the said A. B. and the said C. D., to wit, on the day 
 
 of last, 
 
 [or if no time was agreed upon, say : within seven clear days after 
 
 being required so to do, and which ended on the day of 
 
 last], 
 
 he the said A. B. not being prevented by any reasonable and sufficient 
 cause, contrary, &c. 
 
 Id. Offence 46. 
 
 23. Absenting himself from Employment. (Id. s. 7.)] That A.B., of 
 
 &c. did lately, to wit, on or about the month of last, at the parish of 
 
 , in the said [county] of , contract and engage to do and per- 
 form certain work in the manufacture of woollen [or as the case may be]
 
 CHAP, ii.] MANUFACTURES, &c. 155 
 
 hosiery, to wit, in the manufacture of , and that the said A. B. after- Oke's Synop. 
 
 wards, to wit, on the day of instant, at the parish of afore- 2nd ed. p. 172. 
 
 said, did without reasonable and sufficient cause absent himself from the 
 said work without giving such notice, to wit, a week's notice, as had been 
 agreed upon between the said C. D. and the said A. B. for determining 
 the said contract and engagement, contrary, &c. 
 
 24. Receiving Materials in a fictitious Name. (Id. s. 5.)] This may Id. Offence 47. 
 be readily framed from No. 10, ante, p. 151. 
 
 N.B. The Conviction for the offences described in the Forms 
 No. 22 24, supra, will be in the General Form No. 40 
 (I. 2), ante, p. 39, enforced by Commitment No. 52 (0. 1), 
 ante, p. 49. 
 
 IV. REGULATIONS AS TO MINES. 
 
 25. Owner employing Female therein. (5 & 6 Viet. c. 99, s. 1.)] Id. p. 174. 
 then being the owner of a certain colliery [or mine] there situate, called Offences 50, 51. 
 , did then and there* employ a certain female person, to wit, one 
 
 E. F., within the said colliery [or mine], 
 
 [or did then and there permit a certain female person, to wit, one 
 
 E. F., to be therein, for the purpose of working therein], 
 the said E. F. not having been employed within the said colliery [or 
 mine] at or before the passing of a certain act, made in a session of parlia- 
 ment held in the fifth and sixth years of the reign of her present Majesty, 
 intituled " An Act to prohibit the Employment of Women and Girls in 
 Mines and Collieries, to regulate the Employment of Boys, and to make 
 other Provisions relating to Persons working therein," contrary, &c. 
 
 26. Employing Boy under Ten Years of Age. (Id. s. 2.)] Proceed as Id. Offence 52. 
 in No. 25 to the asterisk*, then: employ one E. F., a male person, 
 
 then being under the age of ten years, to wit, of the age of years, 
 
 within his said colliery, the said E. F. not having attained the age of nine 
 years at the time of the passing, &c. [insert title, fyc. in No. 25], and not 
 having been at or before the passing of such act employed within such 
 colliery, contrary, &c. 
 
 27. Permitting Boy under Ten to be in Colliery. (Id. s. 2.)] Proceed Id. Offence 53. 
 as in No. 25 to the asterisk*, then : permit one E. F., a male person, 
 
 then being under the age of ten years, to wit, of the age of years, to 
 
 work therein [or to be therein for the purpose of working therein], the 
 said E. F. not having attained, &c. [conclude as directed in No. 26. J 
 
 28. Parent misrepresenting Age. (Id. s. 6.)] that T. B., son of Id. Offence 55. 
 A. B., of , &c., was lately, to wit, on the day of last, at 
 
 the parish of , in the said [county] of , employed within a 
 
 certain colliery [or mine] there situate, called , by one [or the said] 
 
 C. D., the owner thereof, the said T. B. being then and there a male per- 
 son under the age of ten years, to wit, of the age of years, and not 
 
 having attained the age of nine years at the passing of a certain act made 
 in a session of parliament held, &c. [insert title as in Form No. 25, swpra], 
 and not having been, at or before the passing of such act, employed 
 within such colliery [or mine], and that the said T. B. was then and 
 there so employed within the said colliery [or mine], on the representa- 
 tion of the said A. B,, the parent of the said T. B., that he was above the 
 said age of ten years, and under the bond jide impression and belief, on
 
 156 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop the part of the said C. D., that he was not under the age of ten years; 
 
 2nd ed. p. 174. and that the said A. B. did, on the day of last, at the parish of 
 
 aforesaid, wilfully misrepresent the age of the said T. B. to the said 
 
 C. D., by then and there falsely representing to him that the said T. B. 
 
 was ten years of age on the day of , the said A. B. then and 
 
 there well knowing, as the fact was, that the said T. B. was then under 
 the age of ten years, to wit, of the age of nine years, contrary, &c. 
 
 Id. Offence 56. 29. Paying Wages at Public House. (Id. ss. 10, 12.)] then heing 
 the owner of 
 
 [or being then and there employed and entrusted to pay certain 
 wages in respect of work and labour done in and about] 
 
 a certain mine [or colliery] there situate, called , did then and there 
 
 pay to one E. F., at a certain licensed public house [or beershop] there 
 
 situate, known by the sign of the , certain money, to wit, the sum of 
 
 , as and for wages in respect of work and labour done by the said 
 
 E. F. in and about the said mine [or colliery], contrary, &c. 
 
 N.B. The Conviction for the offences described in the Forms 
 No. 2529, supra, will be in the General Form No 39 (I. 1), 
 ante, p. 38, enforced by Distress Warrant, &c. No. 53 58, 
 ante, pp. 5052. 
 
 MASTER AND SERVANT. 
 
 T. As to False Characters of Servants. 
 II. As to Misbehaviour by Servants in Husbandry, fyc. and Masters. 
 
 I. As TO FALSE CHARACTERS OF SERVANTS. 
 
 Dice's Synop. 1. Personating Master, and giving False Character of a Servant. 
 2nd ed. p. 174. (32 Geo. 3, c. 56, s. 1.)] that on &c., at &c., one E. F. having offered 
 Offence 1. himself to be hired as a servant into the service of [the said] C. D., A. B., 
 
 ( From 5 Burn's O f ? & Cij did then and there falsely personate one F. G., the late [master] 
 
 * IU Q9ff l ^' ^ ^ sa '^ ^' ^'' an ^ ^ t ^ ien an( * f here P ersona lly [or m writing] give 
 p. 928, &c.) t jj e ga j^ c ^ a f a j se an( j counter f e it character of the said E. F., con- 
 trary, &c. 
 
 Id. p. 176. 2. Falsely asserting that a Servant was in a particular Service, Sfc. 
 
 Offences 2, 3, (Id. s. 2.)] that A. B., of &c., on &c., at &c., did knowingly and wilfully 
 
 pretend [or did falsely assert to the said C. D. in writing] that one E. F. 
 
 had been hired and retained by him the said A. B. as a servant, whereas 
 
 in truth and in fact the said E. F. was never hired or retained by him the 
 
 said A. B. as a servant ; 
 
 [or that one E. F. had been hired and retained by him the said A. B. 
 as a servant, and had served him the said A. B. for the space of 
 
 years; whereas in truth and in fact the said E. F. had 
 
 been retained by and had served the said A . B. as such servant 
 as aforesaid for the space of [one year and two months] only] ; 
 [or that one E. F. had been hired and retained by the said A. B. 
 in the situation and capacity of a [footman], and had served 
 him the said A. B. as a [footman] as aforesaid, whereas 
 in truth and in fact the said E. F. never was hired or retained 
 by him the said A. B. in the situation or capacity of a [footman], 
 or served him the said A. B. as a [footman], but was hired and 
 retained by and served the said A. B. in the capacity of a 
 [labourer] only], 
 
 contrary to the form, &c.
 
 CHAP, ii.] MASTER AND SERVANT. 157 
 
 3. Falsely asserting that the Servant was discharged, or that he had not Oke's Synop. 
 been hired in a previous Service. (Id. s. 3.)] that A. B., of &c., on &c., 2nd ed. p. 176. 
 at &c., did knowingly and wilfully pretend [or did falsely assert to the Offences 4, 5. 
 said C. D. in writing] that one E. F., formerly a servant of the said 
 
 A. B., was discharged by the said A. B., and had left his service on, &c., 
 
 whereas in truth and in fact the said E. F. was discharged by and had 
 
 left the service of the said A. B. on, &c. [some other day~], 
 
 [or that one E. F. had not been hired or employed in any previous 
 service ; whereas in truth and in fact the said A. B. then well 
 knew that the said E. F. had previously been hired and em- 
 ployed in the service of one G. H.; and whereas in truth and 
 in fact the said E. F. had previously been so hired and em- 
 ployed in the service of the said G. H.J, 
 
 contrary, &c. 
 
 4. Servant offering himself with a false Certificate of Character. (Id. Offences 6, 7, 8. 
 s. 4.)] that A. B., of &c., on &c., at &c., did offer himself as a servant 
 
 to the said C. D., * he the said A. B. then and there asserting and pre- 
 tending to the said C. D. that he had served in the service of one G. H., 
 whereas in truth and in fact he had never actually served in the service 
 of the said G. H . 
 
 [or from the asterisk 9 , with a false, forged and counterfeited cer- 
 tificate of character, purporting to be the certificate of one 
 G. H., and stating that, &c. ; whereas in truth and in fact the 
 same was not the certificate of the said G. H., and whereas in 
 truth and in fact the said E. F. had never actually served in 
 the service of the said G. H. [or as the case may be, negativing 
 the statement in the character], 
 
 [or that A. B., of &c., on &c., at &c., then lately having been in 
 the service of one G. H. as a servant, and having received 
 from the said G. H. a certficate of his character, did add to 
 [alter in, efface or erase from] the said certificate the following 
 [words, date, &c.], that is to say [sef out the alterations], [and 
 did offer himself as a servant to the said C. D. with such certi- 
 ficate of character], 
 contrary, &c. 
 
 5. Pretending not to have been in Service. (Id. s. 5.)] that A. B., of Id. Offence 9. 
 &c., on &c., at &c., having theretofore been hired and retained in the 
 
 service of one G. H. as a servant, did, when offering to hire himself to the 
 said C. D. as a servant, falsely and wilfully pretend not to have been 
 hired or retained in such service as a servant, whereas in truth and in 
 fact the said A. B. was previously hired and retained in the service of the 
 said G. H. as a servant, contrary, &c. 
 
 N.B. The Conviction for the offences described in the above Forms 
 No. 1 5 will be in the General Form No. 40 (I. 2), ante, 
 p. 39, enforced by the Commitment No. 52 (0. 1), ante, p. 49. 
 
 II. As TO MISBEHAVIOUR BY SERVANTS IN HUSBANDRY, &c., AND 
 MASTERS (a). 
 
 6. Servants Misbehaving, l$c. (20 Geo. 2, c. 19, s. 2 ; 31 Geo. 2, Id. p. 262. 
 c. 11, s. 2.)] being then and there a labourer employed by [the said] Offence 1. 
 
 (a) It must here be noticed, that in the second edition of " The Magisterial 
 Synopsis" the offences for which the Forms are here given were supposed not to
 
 158 Summary Convictions and Orders [PART i. 
 
 Oke's Synop. C. D., the complainant, at the parish of aforesaid (wherein the said 
 
 2nd ed. p. 262. C. D. doth inhabit), in the capacity of a servant in husbandry, 
 
 [or artificer, handicraftsman, miner, collier, keelman, pitman, glass- 
 man, or potter], 
 
 was then and there in his said service guilty of a certain misdemeanor [or 
 miscarriage, or ill behaviour] by then and there [here describe it], con- 
 trary, &c, 
 
 N.B. The Conviction will be in the General Form No. 41 (I. 3), 
 ante, p. 39, adding the adjudication of corporal punishment 
 (14 East, 605), after the term of imprisonment, as " there to 
 be corrected and whipped [once] during the said imprison- 
 ment." The Commitment, &c. will be No. 48 51, ante, 
 pp. 4648. 
 
 7. Conviction and Abatement of Part of Wages for Misbehaviour in lien 
 of Imprisonment. (Id.)] Proceed as in the General Form of Conviction 
 No 41 (1.3), ante, p. 39, reciting the adjudication of abatement of wages 
 thus, instead of adjudication of imprisonment and corfs : I do therefore 
 adjudge the said A. B. for his said offence to be punished by abating the 
 
 sum of , being the whole [or a part] of the wages due to the said 
 
 A. B. for his said service, according to the form of the statute in such 
 case made and provided. Given, &c. 
 
 8. Conviction and Discharge of Servant for Misbehaviour in lieu of 
 Imprisonment (6). (Id.)] Proceed as directed for the conviction and abate- 
 ment, No. 7, supra, then : I do therefore adjudge the said A. B. to be 
 discharged from his said service and employment, according to the form 
 of the statute in such case made and provided. Given, &c. 
 
 Id. Offence 2. 9. Servant not commencing Service under written Contract. (4 Geo,4, 
 
 c. 34, s. 3.)] that A, B., of &c., did on the day of , at the 
 
 parish of , in the said [county'] of , contract with [the said] 
 
 C.D., the complainant, to serve him in the capacity and employment of 
 a servant in husbandry, 
 
 [or artificer, calico printer, handicraftsman, miner, collier, keelman, 
 pitman, glassman, or potter], 
 
 for the term of , from the day of , at and for the wages of 
 
 , the said contract being in writing and signed by the said A. B. 
 
 be within the operation of Jervis's Act (11 & 12 Viet. c. 43). Vide 12 J. P. 
 636, 653, 667. Mr. Archbold, however, in his second edition of Jervis's Acts, 
 
 ?. 137 (note), is of opinion that the statute 4 Geo. 4, c. 34, s. 3, is wizhin the 
 1 & 12 Viet. c. 43 : and so is Mr. Saunders (p. Ill of No. 8, April 2, 1849.) 
 of " The Magistrate." Mr. Archbold also observes (id. p. 138), " There is a 
 third class of cases where justices are enabled to make an order, but that order 
 is not to be enforced by warrant of distress or commitment ; such as the order 
 under the Master and Servants Act, 4 Geo. 4. c. 34, s. 3, already mentioned, 
 to discharge the servant or to abate his wages ; such as the order discharging an 
 apprentice, under stat. 20 Geo. 2, c. 19, s. 3, and the like. These cases are 
 evidently within the act so far as the act is applicable to them, that is to say, up 
 to the making of the order inclusive." i 
 
 The complaints may be made on behalf of the master by his " steward, 
 manager or agent.' 1 
 
 (6) This discharge must be given under the hand and seal of the justice 
 gratis, and it might be by way of recital of the conviction, as in the General 
 Form of Commitment, No. 48, ante, p. 46, omitting the adjudication of the im- 
 prisonment and costs ; or a duplicate of this "Conviction and Discharge."
 
 CHAP, ii.] MASTER AND SERVANT. 159 
 
 and the said C. D., the contracting parties ; and that the said A. B. did Oke's Synop. 
 not at any time enter into or commence his said service according to his 2nd ed. p. 262. 
 said contract, contrary, &c. 
 
 1 0. Having entered upon Contract, absenting or neglecting to fulfil Id. Offence 3. 
 same. (Id.)] Proceed to the asterisk * in Form No. 9, supra, and then : 
 
 [or state the time for which hired, if conformable to the fact, thus : (Adapted from 
 from thence from week to week, until his contract should de- S. Stone's 
 termine by either party putting an end to the same on Satur- Hand-book, 
 day in any week [and if so, add by either of them giving to PP- 73, 74, 
 the other of them one week's previous notice of his intention so '^ a " e( "t.) 
 to do] ; 
 And that the said A. B. having entered upon such service accordingly,* 
 
 did afterwards, to wit, on the day of , at the said parish of 
 
 [where the said A. B. was then and there employed], without notice, and 
 before the term of bis said contract was completed, unlawfully, without 
 the said C. D.'s consent, and without just excuse, absent himself from his 
 said service, and hath from thence neglected to fulfil his said contract, 
 contrary, &c. 
 
 11. The like, in another Form. (Adopted in re Walker, 1 Ver. R. 
 15.)] that C. D., of &c., did contract with this informant to serve him 
 in the capacity of a collier for an indefinite period, determinate never- 
 theless on either of the said contracting parties giving to the other of 
 them fourteen days' previous notice of his intention to determine the 
 said contract ; and that the said C. D. did enter the service of this 
 informant, and did continue to serve him, this informant, and to be em- 
 ployed by him as a collier under and according to the said contract, at 
 
 the parish of , in the said county of , so being then and there 
 
 in the service of this informant as a collier, until the day of 
 
 instant, and the terms of the said contract being then subsisting and in- 
 complete, he, the said C. D., did misconduct and misdemean himself in 
 his said service, to wit, did neglect his work and refuse to go to it on being 
 requested by this informant so to do, whereby divers other persons em- 
 ployed in the coal-pit of this informant were prevented proceeding with 
 their ordinary employment, and this informant sustained great loss and 
 damage, contrary, &c. 
 
 12. Servant guilty of any other Misconduct. (4 Geo. 4, c. 34, s. 3.)] Id. Offence 5. 
 Proceed to the second asterisk* in Form No. 10, supra, and then: was 
 afterwards, to wit, on the day of , at the said parish of 
 
 (where the said A. B. was then employed by the said C. D.), in the exe- 
 cution of the said contract and otherwise respecting the same, guilty of a 
 certain misconduct [or misdemeanor], in this, to wit, that he the said 
 A. B. did then and there, and before the term of his said contract was 
 completed, unlawfully [here describe the misconduct, SfC.~], contrary, &c. 
 N.B. The Conviction and abatement .of wages for either of the 
 offences described in Forms Nos. 9 12, will be in the same 
 instrument and in the General Form No. 41 (I. 3), ante, p. 39, 
 adding, after the term of imprisonment in the adjudication, 
 
 " and that the sum of shall be abated from the wages of 
 
 the said A. B., the same being a proportionable part of his wages 
 for and during the said time he shall be so confined in the 
 said house of correction as aforesaid, according to the form of 
 the statute in such case made and provided." The Commit- 
 ment, &c. will be Forms No. 48 (P. 1) 51, ante, pp. 4648, 
 adapted to the above conviction.
 
 160 
 
 Summary Convictions and Orders. 
 
 [PART i. 
 
 Oke's Synop. 13. Conviction and abatement of Wages for Misbehaviour, Sfc. in lieu of 
 2nd ed. p. 262. Imprisonment and abatement. (Id.)] This will be as directed for Form 
 No. 7, ante, p. 158. 
 
 14. Conviction and Discharge of Servant from Contract for Misbe- 
 haviour, 4~c. in lieu (f Imprisonment and abatement of Wages. (Id.)(c)] 
 Proceed as directed for the conviction and abatement, No. 7, ante, then : 
 I do therefore adjudge the said A. B. to be discharged from his said 
 contract, service and employment, according to the form of the statute in 
 such case made and provided. Given, &c. 
 
 Id. Offences 6, 15. Artificer absenting from Service. (6 Geo. 3, c. 25, s. 4.)] These 
 7. may be readily framed from Forms Nos. 10 and 12, ante, p. 159. The 
 
 Conviction will be in the General Form No. 41 (I. 3), ante, p. 39, en- 
 forced by the Commitment No. 48 (P. 1), ante, p. 46. 
 
 Id. Offence 8. 16. Master ill-using, Sfc. Servant. (20 Geo. 2, c. 19, s. 2 ; 31 Geo. 2, 
 
 c. ll,s. 3.)] that on the day of last, at the parish of , 
 
 in the said [county] of (wherein A. B., hereinafter mentioned, doth 
 
 now inhabit), he the said C. D. was hired and employed by A. B., of 
 &c., to serve him the said A. B. in the capacity and employment of a 
 servant in husbandry, 
 
 [or artificer, handicraftsman, miner, collier, keelman, pitman, glass- 
 man, or potter], 
 
 for the term of , from the day of last, at and for the 
 
 wages of , and that he the said C. D. afterwards, to wit, on the 
 
 day of , at the parish of aforesaid, entered into the said service 
 
 accordingly, and hath continued therein hitherto ; and that the said 
 A. B., his said master, during the continuance of the said service and 
 
 employment, to wit, on the day of , at the parish of 
 
 aforesaid, unlawfully did [here describe the misusage, refusal of necessary 
 provisions, cruelty or other illtreatment complained of.'] 
 
 17. Conviction of Master thereon and Discharge of Servant (c).] 
 Proceed as in the General Form of Conviction No. 41 (I. 3), ante, p. 39, 
 but instead of the adjudication of imprisonment and costs, say I adjudge 
 
 and order, in pursuance of the statute in that case made and provided, 
 that the said C. D., for the said offence of the said A. B. his said master, 
 be discharged, and do hereby discharge the said C. D. from his said service 
 and employment. Given, &c. 
 
 Offences 6 7 
 
 MILITARY LAW. 
 
 1> Offi cer or Soldier forcibly entering a House for Deserters without 
 Jtt ? tice s Warrant. (Annual Mutiny Act, 12 Viet. c. 10, a. 87.)] then 
 being an officer [or soldier] in her Majesty's - regiment of - , did 
 then and there forcibly enter [or break into] 
 
 [or give orders to one^E. F. to forcibly enter or break into] 
 the dwelling-house of one"[or the said] C. D. there situate, under pre- 
 tence of searching for a deserter, he the said A. B. not having then and 
 there any warrant of a justice of the peace authorizing him so to do, con- 
 trary, &c. 
 
 (c) Vide note (6), ante, p. 158.
 
 MILITARY LAW NAVIGABLE RIVERS, &c. 
 
 161 
 
 2. Billet Master taking Money. (Id. s. 92.)] then being a con- Oke's Synop. 
 stable employed in billeting soldiers in the said parish by virtue of the 2nd ed. p. 178. 
 statute in that behalf, did then and there unlawfully receive [or demand Offence 10. 
 
 or agree for] the sum of from one E. F., then being an alehouse- 
 keeper, and a person duly licensed to sell exciseable liquors by retail in 
 his house and premises there situate, and liable under the statute'in that 
 behalf to receive soldiers duly billeted upon him, in order then and there 
 to excuse the said E. F. from receiving certain soldiers in her Majesty's 
 regiment of , then on actual service in the said parish, con- 
 trary, &c. 
 
 3. Detaining Clothes, SfC.from Soldiers. (Id. s. 90.)] did knowingly Id. Offence 13. 
 detain [or buy, exchange or receive] certain regimental necessaries, [or 
 
 arms, ammunition, clothes, or military furniture], to wit, , from one 
 
 E. F., a soldier, in [or a disserter from] her Majesty's regiment of 
 
 , contrary, &c. 
 
 N. B. The Conviction for the above described offences will be in 
 the General Form No. 39 (I. 1), ante, p. 38, enforced by the 
 Distress Warrant No. 53 (N. 1) 58, ante, pp. 5052. 
 
 NAVIGABLE RIVERS AND CANALS. 
 
 1. Being found in Possession of Instruments for procuring Liquors. Id. Offences 1, 
 (3 & 4 Viet. c. 50, s. 7.)] was found on board of a certain boat [or 2. 
 
 vessel] of one E. F., then and there being upon [a certain lock or dock 
 
 belonging to] a certain canal [or navigable river] there called , 
 
 [or found in and upon a certain lock, or dock, warehouse, wharf, 
 quay, or bank, of arid belonging to a certain canal or navigable 
 
 river there called ], 
 
 he the said A. B. having then and there in his possession,* to wit, in 
 
 his pocket [or under his control, to wit, in ], a certain instrument [or 
 
 tube] called a , for the purpose of then and there unlawfully obtain- 
 ing certain wine [or spirits, liquors or goods], to wit, , the property 
 
 of one G. H., then and there being, contrary, &c. 
 
 2. Being found in Possession of Skin, fyc.for carrying away Liquors. (Id.) 
 Proceed to the asterisk* in form No. 1, supra, then : to wit, in his pocket, 
 
 a certain utensil [or skin, or bladder,] called a , for the purpose of 
 
 then and there unlawfully carrying away [or secreting] certain wine, [or 
 
 spirits, liquors, or goods,] to wit, , the property of one G. H. then 
 
 and there being, contrary, &c. 
 
 3. Piercing Casks, 4c- (Id. s. 8.)] did bore [or pierce, break, cut Id. Offence 3. 
 open, or injure by then and there ] a certain cask [or box, or pack- 
 age], to wit, a hogshead containing wine [or spirits, or liquors,] to wit, 
 
 , the property of one G. H., then and there being on board of a 
 
 certain boat [or vessel, or waggon] of one E. F. on a certain navigable 
 
 river [or canal] there called 
 
 [or then and there being in and upon a certain warehouse, or" wharf, 
 quay, or bank, of and belonging to a certain navigable river, or 
 
 canal, there called ,] 
 
 with intent then and there feloniously to steal [or unlawfully obtain, or 
 injure] the contents, [or part of the contents] of the said hogshead [or as 
 the case may be], contrary, &c. 
 
 M
 
 162 Summary Convictions and Orders. [PART i. 
 
 Ok 's Svnon 4 - Cutting open Roll of Goods in Warehouse. (Id.)] did cut open 
 
 2nded p. 178. [or break, pierce, or injure by then and there ,] a certain roll of 
 
 goods [or box, case, sack, wrapper, or package], to wit, a roll of calico, 
 the property f one G. H., then and there being in a certain warehouse 
 [or wharf, quay, or bank] belonging to a certain navigable river [or canal] 
 there called , with intent then and there feloniously to steal [or un- 
 lawfully obtain, or injure] the said roll of goods, [or as the case may be~], 
 contrary, &c. 
 
 Id. Offence 4. 5. Drinking Liquors. (Id.)] did unlawfully drink a certain quantity, 
 
 to wit, one pint of wine [or spirits, or liquor, to wit, ,] of the value 
 
 of . the property of one G. H., then and there being in a cask on 
 
 board of a certain boat [or vessel, or waggon,] of one E. F., then and 
 there being on a , 
 
 [or in a cask in and upon a certain warehouse, or wharf, quay, or 
 
 bank, of and belonging to a] 
 certain navigable river [or canal] there called , contrary, &c. 
 
 6. Spilling Liquor. (Id.)] did wilfully spill [or allow to run to 
 waste] a certain quantity, to wit, one gallon of brandy, [or as the case 
 may be], of the value of twenty shillings, the property of one G. H., &c. 
 [ris in Form No. 5, supra, to the end, and then add : thereby doing injury 
 to the said G. H. to the amount of twenty shillings, contrary, &c. 
 
 N.B. The Convictions for the offences above described will be, if a 
 penalty imposed, General Form No. 39 (I. 1), ante, p. 38, the 
 only variation being where value adjudged in offences No. 3 
 and 4, in addition to the penalty, and then refer to title " Lar- 
 ceny," ante, p. 145, for the adjudication ; if imprisonment only 
 adjudged, General Form No. 41 (I. 3), ante, p. 39 ; No. 39 
 being enforced by Distress Warrant, &c. Nos. 53 (N. 1) 58, 
 ante, pp. 50 52 ; and No. 41 by Commitment, &c. Nos. 48 
 (P. 1) 51, ante, pp. 4648. 
 
 W. p. 178. 
 Offence 1. 
 
 NUISANCES AND DISEASES PREVENTION ACT, 1848. 
 
 1. Owner or Occupier not complying with Justice's Order for Cleans- 
 ing, 4-c. Premises. (11 & 12 Viet. c. 123, s. 1.) (a)] that the owner 
 [or occupier] of a certain dwelling-house [or building, or of certain pre- 
 mises] situate at , in the said [county'] of , did not within such 
 
 time after due service thereof for of a true copy thereof,] on him ac- 
 cording to the statute in such case made and provided as therein is speci- 
 fied, comply with a certain order in writing under the hands and seals of 
 J. L. and J. S., Esquires, two of her Majesty's justices of the peace in 
 
 and for the said [county'] of , bearing date the day of 
 
 last, whereby the said justices, in pursuance of the statute in such case 
 made and provided, did order him the said owner [or occupier] of a 
 
 (a) The complaint is to be made by or on behalf of the town council, or any 
 Irustees or commissioners for the drainage, paving, lighting, or cleansing, or ma- 
 naging or directing the police of any city, town, borough, or place, or by any 
 other body of a like nature, or by any commissioners of sewers, or guardians of 
 he poor, or some committee thereof temporarily or permanently appointed in 
 this behalf by such town council, trustees, commissioners, guardians, or other 
 body.
 
 CHAP, ii.] NUISANCES, &c. PREVENTION ACT. 163 
 
 dwelling-house [or building, or of certain premises] situate at afore- Oke's Synop. 
 
 said, within hours from the service of the said order [or a true copy 2nd ed. p. 178. 
 
 thereof,] on him, according to the statute in such case made and pro- 
 vided, to cleanse [or whitewash, or purify,] the said dwelling-house [or 
 building] then being in such a filthy and unwholesome condition as to be 
 
 a nuisance to [or injurious to the health of ,] 
 
 [or to cleanse, cover, or fill up, or , a foul and offensive drain, 
 
 or ditch, gutter, privy, cesspool, or ashpit, or ], 
 
 [or to remove a pigstye, or an accumulation of dung, or offal, filth, 
 refuse, or matter, upon the said premises then constructed or 
 
 kept, so as to be injurious to the health of , [or of persons 
 
 living in the premises first aforesaid ; or of the occupiers ad- 
 joining the premises first aforesaid ; or of persons living in the 
 neighbourhood of the premises first aforesaid , or so as to be a 
 
 nuisance to ] as it may be in the justices' order], 
 
 but to comply therewith after due service thereof, [or of a true copy 
 thereof,] on him, according to the statute in such case made and provided, 
 
 did make default, and in such default for the space of, to wit, days, 
 
 did continue, contrary, &c. 
 
 2. Wilfully violating Directions of General Hoard of Health, (Id, Id. p. 180. 
 s. 16.)] did wilfully violate a certain direction [or regulation] duly made Offence 4. 
 by the General Board of Health under and by virtue of the statute 
 
 called the " Nuisances Removal and Diseases Prevention Act, 1848," 
 
 duly published and then in force in the said parish of , that is to 
 
 say, a direction [or regulation] of the said General Board of Health, 
 
 bearing date the day of , in the year of our Lord , that 
 
 [here state the direction or regulation], by then and there permitting 
 [state the mode in which the. direction or regulation has been violated], 
 after due notice given to him in this behalf by the guardians of the poor 
 of the N. union, within which the said parish of is included, con- 
 trary, &c, 
 
 3. Occupier refusing to comply with a Justices Order requiring him to Id. Offence 5. 
 permit the necessary Works to be executed. (Id. s. 16.)] that A. B. 
 
 of &c., the occupier of certain premises, to wit, a dwelling-house, [or 
 building, or as the case may be,~] situate [here insert a description to identify 
 
 the premises], in the parish of , in the said [county'] of , did not 
 
 within a reasonable time after the making thereof against him, according 
 to the statute in such case made and provided, comply with a certain 
 order in writing, under the hand and seal of E. F,, Esquire, one of her 
 Majesty's justices of the peace in and for the said [county] of , bear- 
 ing date the day of , in the year of our Lord , whereby 
 
 the said justice, in pursuance of the statute in such case made and pro- 
 vided, did require and order the said A. B. to permit one [or the said] 
 C. D., the complainant, the owner of the said dwelling-house [or as the 
 case may be,'] to execute certain necessary works required to be executed 
 in the manner required by the statute in that case made and provided, 
 that is to say, to cleanse [or whitewash, or purify the said dwelling-house 
 or building, or cleanse a foul and offensive drain, ditch, gutter, privy, 
 cesspool, or ashpit, which existed upon the said premises, or as it may be 
 in the order,~\ and which the said A. B. before then prevented the said 
 C, D. from doing ; but to comply therewith after due service thereof [or 
 of a true copy thereof ] on him according to the statute in such case made 
 
 and provided, did refuse, and in such refusal for the space of days, 
 
 doth continue, contrary, &c. 
 
 M 2
 
 164 Summary Convictions and Orders. [PART I. 
 
 Oke's Synop. 4. The Conviction for the above described offences will be in the Ge- 
 2nd ed. p. 178. neral Form No. 39 (I. 1), ante, p. 38, with this variation for offences 1 
 
 and 5, in the adjudication, viz. " to forfeit and pay the sum of , 
 
 being after the rate of per day during the continuance of such de- 
 fault [or refusal] as aforesaid, to be paid, &c." The Conviction will be 
 enforced by the General Forms of Distress Warrant, &c. No. 53 (N. 1) 
 58, ante, pp. 5052. 
 
 Oke's Synop. 
 2nd ed. p. 180. 
 Offence 1. 
 
 Id. Offence 2. 
 
 Id. Offence 3. 
 
 Id. Offence 4. 
 
 OVERSEERS. 
 
 1. Refusing to return List of Constables, Sfc. (5 & 6 Viet. c. 109, 
 s. 9.)] then being one of the overseers of the poor of the said parish 
 
 of , did neglect [or refuse] to sign and return the list of persons liable 
 
 and qualified to serve as constables for the said parish of , made out 
 
 by the inhabitants of the said parish in vestry duly held, to the clerks to 
 the justices of the peace acting in and for the division of N., in the said 
 county of . 
 
 2. [or did neglect to make out, sign and publish a true copy of the list 
 
 of persons, &c.] ; 
 
 3. [or did knowingly leave out of the list of persons, &c. the name of 
 
 one A. B., being a person who ought to have been included 
 therein] ; 
 
 4. [or did knowingly make a false return of a particular which ought 
 
 to have been comprised in the list of persons, &c. by [here insert 
 the false particular.'] 
 
 5. General Forms to be used in enforcing the Conviction (No. 39, 
 (I. I), ante, p. 38] ; Distress Warrant, &c. No. 53 (N. 1) 58, ante, 
 pp. 5052. 
 
 PAWNBROKERS. 
 
 I. Offences by Pawnbrokers. 
 II. Illegal Pawning, forging Duplicates, fyc. 
 
 I. OFFENCES BY PAWNBROKERS. 
 
 Oke's Synop. 1. Neglecting to attend Justice's Summons with Books, c. (39 & 40 
 
 nd ed. p. 182. Geo. 3, c. 99, s. 25.)] then exercising the business of a pawnbroker, was, 
 
 inences 1, 2. upon a complaint before then duly made upon oath to one J. L. Esquire, 
 
 (Stone's Hand- one of her Majesty's justices of the peace in and for the said [county] of 
 
 book, p. 90.) respecting a certain information against the said A. B. for having 
 
 offended against the statutes in force relating to pawnbrokers, to wit, 
 
 [here briefly describe the offence against the pawnbroker, or as the occasion 
 may be], which in the judgment of the said justice made the production 
 of a certain book [or note], voucher, memorandum, duplicate, [or paper] 
 to wit , which then ought to have been in the custody and power 
 of the said A. B. necessary, duly summoned to attend with the said book 
 [or as the case may be] before the said justice at a petty sessions of her 
 
 Majesty's justices of the peace in and for the said [county] of , to be 
 
 held at in the said [county] of , on the day of 
 
 at o'clock,
 
 CHAP, ii.] PAWNBROKERS. 165 
 
 [or to attend with the said book [#c.] on at o'clock in Oke's Synop. 
 
 ^the forenoon, at in the said [county'] of , before such 2nd ed. p. 182. 
 
 justices of the peace for the said [county J as might then be 
 there] ; 
 
 and that the said A. B., at the time and place last aforesaid, when and 
 where he was so summoned to attend as aforesaid, did neglect [or refuse] 
 to attend with the said book [or as the case may be], according to the said 
 summons, 
 
 [or did neglect or refuse to produce the said book [or as the case may 
 be~] in its true and perfect state, according to the said sum- 
 mons]; 
 
 and did not then and there show good cause for such neglect [or refusal] 
 to the [my] satisfaction [of the said justice], but on the contrary thereof 
 made default therein, contrary, &c. 
 
 2. Buying, fyc. Goods in course of Manufacture. (Id. s. 11.)] then Id. Offence 3. 
 exercising the business of a pawnbroker, did then and there knowingly 
 
 take in as a pledge and pawn, for the sum of , then lent to one E. F., 
 
 certain goods, to wit, six pairs of worsted goods of frame work knitted 
 fabric [or as the case may be~\, the property of [the said] C. D., the com- 
 plainant, then and there plainly intended for the composing and manu- 
 facturing of the said goods into stockings, after the same goods had been 
 put into a course of manufacture [or into a state for the process and ope- 
 ration of seeming, turning, straitening and legging to be thereupon per- 
 formed], and the said goods not being then and there completed and 
 finished for the purpose of wear or consumption, and which said goods 
 theretofore had been and still were entrusted by the said C. D. to the said 
 E. F. [or to one G. H.J to manufacture and work up [or to wash, scour 
 iron, mend, manufacture, work up, finish, or make up], contrary, &c. 
 
 3. Buying, <'C. Linen or Apparel. (Id. s. 11.)] then exercising the 
 business of a pawnbroker, did then and there knowingly take in as a 
 
 pledge and pawn for the sum of then lent to one E. F. certain 
 
 linen [or apparel], to wit, three sheets, the property of [the said] C. D., 
 the complainant, which said linen had been theretofore and then was 
 entrusted by this informant to the said E. F. to wash [or scour, iron, or 
 mend], contrary, &c. 
 
 4. Application of Borrower against Pawnbroker for not delivering j<j_ offence 4. 
 Goods on Payment of Principal and Interest. (Id. s. 14.)] Proceed as , , 
 
 for a solemn declaration under 5 $6 Will. 4, c. 62*, t it. Oath," Part III., ^5 Will 4 
 
 stating the facts in the blank thus : that on the day of , at the ^ \ 
 
 parish of , in the said [county'] of , he this declarant did pawn 
 
 and pledge certain goods, to wit, a coat, the property of this declarant, 
 with one A. B. of street, in the of , then using and exer- 
 cising the business of a pawnbroker, for securing the sum of then 
 
 lent thereon by the said A. B and the profit thereof, and that afterwards, 
 
 to wit, on the day of , at the said parish of , and within 
 
 the space of one year after the said goods were so pledged, he this de- 
 clarant did tender to the said A. B. the said principal sum of so 
 
 borrowed upon the said goods, and the further sum of as and for the 
 
 profit of the said A. B. according to the table of rates established by the 
 statute in such case made and provided, and that the said A. B. did then 
 and there refuse and neglect to deliver back, and did not then and there 
 deliver back the said goods so pawned as aforesaid to the said C. D., con- 
 trary, &c.
 
 166 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 5. Summons or Warrant to the Pawnbroker. (Id.)] These will be in 
 2nd ed. p. 182. t j ie General Forms No. 8 (A.), ante, p. 26, or No. 11 (C.), ante, p. 27. 
 
 6. Justice's Order to deliver Goods pawned to the Owner. (Id.) 
 
 To Mr. A. B., pawnbroker, residing at . 
 
 ) Whereas application and complaint, solemnly declared to, was 
 
 to wit. \ on the day of instant made unto me, J. S., Esquire, 
 
 one of her Majesty's justices of the peace in and for the said [county~\ of 
 
 , by C. D.. of, &c. That [set out the application and complaint, No. 
 
 4, supra] : And whereas I find, upon due proof this day here made to 
 me, that the matters alleged in the said application and complaint are 
 
 true, and that you still refuse and neglect to accept the sum of , 
 
 being the said principal money and the profit due thereon : Now I the 
 said justice do hereby order and direct you the said A. B. forthwith to 
 deliver the said goods to the said C. D. 
 
 Given under my hand, this day of , in the year of our Lord 
 
 at in the [county] aforesaid. 
 
 J. S. 
 
 Id. Oflence 4. 7. Refusing to deliver up Goods on Order of Justices. (Id. s. 14.)] 
 It would be advisable for the pawnbroker to be summoned before being 
 committed for disobeying the justice's order. The statement of the 
 ofience may be described thus : [recite application and complaint No. 4, 
 supra, as in No. 6, then :] And whereas I the said justice did by my 
 
 order in writing under my hand, bearing date the day of 
 
 instant, of which the said A. B. had due notice, direct the said A. B. 
 forthwith to deliver the said goods to the said C. D., but the said A. B. 
 hath neglected so to do, contrary, &c. 
 
 8. The Conviction will be in the General Form No. 41 (I. 3), ante, p. 
 39. 
 
 9. Commitment thereon. (Id.)] This will be in the General Form of 
 Commitment No. 48 (P. 1), ante, p. 46, but instead of a definite term of 
 imprisonment, say: there to remain until he shall deliver up the said 
 goods so pawned and continuing redeemable as aforesaid, according to 
 the said order of me the said justice as aforesaid, or make satisfaction 
 for the value thereof to the said C. D. 
 
 10. Taking more than the Legal Interest. (Id. ss. 2, 3, 4, 5.)] then 
 using and exercising the business of a pawnbroker, did then and there 
 unlawfully demand, receive and take from one E. F. [or the said C. D. 
 the complainant], on his then and there redeeming certain goods, to wit, 
 a coat, then in pawn to the said A. B., the sum of two pence, as and by 
 way of profit upon the sum of one shilling, the said sum of one shilling being 
 
 a sum lent and advanced to the said E. F. [or C. D.], on the day 
 
 f last, upon a pawn and pledge of the said goods by the said E. F. 
 
 [or C. D.] to the said A. B., and which said pawn and pledge was re- 
 deemed at the parish of aforesaid, by the said E. F. [or C. D.], on 
 
 the day of instant [or first aforesaid] next after the same goods 
 
 had been so pawned as aforesaid, the said sum of two pence, so demanded, 
 received and taken, being a greater profit, to wit, the sum of one half- 
 penny greater than was and is allowed by law to be taken by the said 
 A. B., contrary, &c. 
 
 Id. Offence 6. 11. Refusing to give Copy of a Pawn Ticket, and deliver Declaration, 
 id. s. 16.)] that on the day of last, at the parish of , 
 
 Id. Offence 5.
 
 CHAP, ii.] PAWNBROKERS. 167 
 
 in the said [county] of , he the said C. D. the informant, did pawn Oke's Synop. 
 
 and pledge certain goods, to wit, a coat, the property of this inform- 2nd edit. p. 182. 
 
 ant, with A. B., of the said parish of , then using and exercising 
 
 the business of a pawnbroker, for securing the sum of then lent 
 
 thereon by the said A. B., and the profit thereof: And that the said A. B. 
 did at the time of taking the said pawn, deliver to the said C. D. a me- 
 morandum of such pledge, according to the statute in such case made 
 and provided: And that the said C. D. hath since lost [or mislaid, or 
 destroyed] the said memorandum 
 
 [or that the said memorandum hath been since fraudulently obtained 
 from the said C. D. by one E. F.] : 
 
 And that on the day of instant, at the said parish of , at 
 
 which time the said goods remained unredeemed, he the said C. D. did 
 apply to the said A. B., and did then and there represent himself to be 
 the owner of the said goods so pledged as aforesaid, and did then and 
 there request and apply to the said A. B. to deliver to him a copy of the 
 said memorandum so lost as aforesaid, with the form of a declaration, ac- 
 cording to the statute in that behalf, and did then and there offer to pay 
 
 for the same the sum of , according to the provisions of the same 
 
 statute, but that the said A. B. did then and there refuse to deliver and 
 did not deliver to the said C. D. such copy and declaration as aforesaid, 
 or either of them, and the said goods still remain unredeemed, contrary, 
 &c. 
 
 12. Selling Goods pawned before a Year. (Id. s. 17.)] then using Id. Offence 7. 
 and exercising the business of a pawnbroker, did, on the day of 
 
 , in the year of our Lord , at the parish of , in the said 
 
 [county] of , receive and take in from one E. F. [or the said C. D., 
 
 the complainant], by way of pawn and pledge for the sum of , cer- 
 tain goods, to wit, a coat, the property of the said E. F. [or C. D.] : And 
 that afterwards, and before the expiration of one whole year from the 
 time when the said goods were so received and taken in pawn, to wit, on 
 
 the day of last, at the parish of aforesaid, the said A. B. 
 
 did unlawfully cause the said goods to be sold, contrary, &c. 
 
 13. Taking Pledges from Persons under Twelve, or Intoxicated. (Id. Id. p. 184. 
 s. 21.)] then using and exercising the business of a pawnbroker, did Offence 12. 
 then and there receive and take in pawn, from one E. F., certain goods, to 
 
 wit, one coat, the property of one [or the said] C. D., he the said E. F. 
 then and there being, and then appearing to be, intoxicated with liquor, 
 [or under the age of twelve years, to wit, of the age of eleven 
 
 years], 
 contrary, &c. 
 
 14. Carrying on Trade on a Sunday, SfC. (Id. s. 21.)] being Sunday Id. Offence 17. 
 [or Good Friday, Christmas-day, or Fast or Thanksgiving-day], and the 
 
 said A. B. then using and exercising the business of a pawnbroker, did 
 then and there exercise and carry on the said business of a pawnbroker, 
 by then and there receiving and taking in, by way of pawn and pledge, 
 from one E. F., certain goods, to wit, a coat, contrary, &c. 
 
 15. Taking in Pawns before Eight, A.M., or after Seven, P.M., between Id. Offence 18. 
 29th September and 25th March following. (Id. and 9 & 10 Viet. c. 98.)] 
 
 the same being between the twenty-ninth day of September and the 
 twenty-fifth day of March following, and the said A. B. then using and
 
 158 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. exercising the business of a pawnbroker, did then and there receive and 
 2nd edit. p. 184. take in 
 
 [or permit or suffer to be received or taken in] 
 
 by way of pawn and pledge [or in exchange], from one E. F., certain 
 goods, to wit, a coat, before eight of the clock in the forenoon of the said 
 
 day of -, to wit, at seven o'clock in the said forenoon, 
 
 [or after seven of the clock in the evening of the said day of 
 
 , to wit, at eight o'clock the same evening, the said last- 
 mentioned evening not being a Saturday evening, or next pre- 
 ceding Good Friday, or Christmas day, or any Fast or Thanks- 
 giving-day appointed by her Majesty], 
 contrary, &c. 
 
 Id. Offence 18. 16. The like, before Seven, A.M., or after Eight, P.M., between 25th 
 March and 29ih Septembers/allowing. (Id.)] the same being between 
 the twenty-fifth day of March and the twenty-ninth day of September 
 following, and the said A. B., then using and exercising the business of a 
 pawnbroker, did then and there receive and take in 
 
 [or permit or suffer to be received and taken in] 
 
 by way of pawn and pledge [or in exchange], from one E. F., certain 
 goods, to wit, a coat, before seven of the clock in the forenoon of the said 
 
 day of , to wit, at six o'clock in the same forenoon, 
 
 [or after eight of the clock in the evening of the said day of 
 
 , to wit, at nine o'clock in the same evening, the said last- 
 mentioned evening not being a Saturday evening, or next pre- 
 ceding Good Friday, or Christmas Day, or any Fast or Thanks- 
 giving-day appointed by her Majesty], 
 contrary, &c. 
 
 17. The like, after Eleven o'clock at Night on Saturday. (Id.)] being 
 Saturday preceding Good Friday, or Christmas Day, or a Fast or 
 Thanksgiving-day appointed by her Majesty, and the said A. B., then 
 using and exercising the business of a pawnbroker, did then and there 
 receive and take in 
 
 [or permit or suffer to be received and taken in] 
 
 by way of pawn and pledge [or in exchange], from one E. F., certain 
 goods, to wit, a coat, after the hour of eleven of the clock on the evening 
 
 of the said day of , to wit, at half-past eleven o'clock on the 
 
 same evening, contrary, &c. 
 
 18. For not having Name and Description over Door. (39 & 40 Geo. 
 3, c. 99, s. 23.)] then using and exercising the business of a pawn- 
 broker*, did not, nor would whilst he so followed and carried on the 
 said trade and business as aforesaid, cause to be painted or written in 
 large legible characters over the door of his shop and place by him then 
 and there made use of for carrying on the said trade and business of 
 a pawnbroker, the Christian and surname of the said A. B. so carrying 
 on the said trade and business as aforesaid, and the word " pawnbroker " 
 following the same, according to the form and effect of the act of parliament 
 in that behalf; but, on the contrary thereof, the said A. B. at the time 
 aforesaid, and from thence for the space of one week then next following, 
 made use of the said shop and place for carrying on the said trade and 
 business of a pawnbroker, without having the same names and word so 
 painted or written as aforesaid, contrary, &c. 
 
 19. Not exhibiting a Table of Interest. (Id. s. 22.)] Proceed as in 
 *orm No. 18 to the asterisk*, then thus: did not, nor would whilst he 
 
 Id. Offence 20. 
 From 5 Burn's 
 Jus. 29th ed. 
 p. 493. 
 
 Id.
 
 CHAP, ii.] PAWNBROKERS. 169 
 
 so followed and carried on the said trade and business as aforesaid, cause 
 to be painted or printed in large legible characters the rate of profit allowed 
 by the statute in that behalf to be taken by the said A. B., and also the 
 various prices of the note or memorandum to be given by him, according 
 to the rates in and by the said statute allowed, and an account of what 
 notes or memorandums were to be delivered gratis, and of the expense of 
 obtaining a second note or memorandum, where the former one has been 
 lost, mislaid, destroyed or fraudulently obtained, and place the same in a 
 conspicuous part of his shop and place there situate wherein he so carried 
 on the said trade and business as aforesaid, so as to be legible by the 
 persons pledging goods and chattels standing in the places provided for 
 such persons coming to pawn or redeem goods and chattels at the said 
 shop; but the said A. B. wholly neglected and omitted so to do at the 
 time aforesaid, contrary, &c. 
 
 20. For taking a Pledge without giving a Duplicate, where the Goods 5 Burn's Jus. 
 were pawned in an assumed Name. (Id. s. 6.)] then using and exer- 29th ed. p. 494. 
 cising the business of a pawnbroker, did then and there take of and from 
 
 one J. G., in the name of J. N., by way of pledge, certain goods and 
 
 chattels, to wit, , upon which the said A. B. lent and advanced the 
 
 sum of , and which said J. G., at the time he pawned the said goods 
 
 and chattels, informed the said A. B. that his name was J. N., and that 
 he lived in L. Street, and he the said A. B. did not at the time of taking 
 the said pledge give to the said J. G. a note or memorandum fairly and 
 legibly written or printed, or in part written and in part printed, contain- 
 ing a description of the said goods so pawned, and also the place of abode 
 of the person by whom such goods were pawned, according to the infor- 
 mation given by the said J. G. to the said A. B. at the time of such pawn- 
 ing as aforesaid, contrary, &c. 
 
 21. For not giving a Note legibly written describing the Thing pawned. 5 Burn's Jus. 
 (Id. s. 6.)] did take by way of pawn or pledge of and from E. F. of &c. 29th ed. p. 495. 
 a certain [shirt] whereon the sum of 5s. was then and there advanced and 
 
 lent by the said A. B. to the said E. F., nevertheless the said A. B., not re- 
 garding the act of parliament in that behalf, did not nor would at the time 
 of taking the said pawn or pledge, give the said E. F. a note or memo- 
 randum fairly and legibly written or printed or in part written and in part 
 printed, containing therein a description of the said [shirt], and also the 
 sum of money advanced thereon, with the day of the month and year on 
 which, and the name and place of abode of the said E. F., and whether 
 the said E. F. was a lodger or housekeeper according to the form and effect 
 of the said act of parliament ; but, on the contrary thereof, although the 
 said A. B. did give to the said E. F. a certain note or memorandum as 
 and for such note and memorandum as aforesaid, yet the said [shirt], [and 
 if so'] and the name and place of abode of the said E. F., and whether he 
 was a lodger or housekeeper as aforesaid, were not fairly or legibly written 
 or printed, or in part written and in part printed, in or upon the said note 
 or memorandum so given by the said A. B. to the said E. F. as aforesaid, 
 contrary, &c. 
 
 22. General Forms to be used in enforcing the Conviction, (No. 39 
 (I. 1), ante, p. 38), /or the offences described in Forms No. 1, 2, 3, 7, 
 1021, supra] ; Distress Warrant No. 53 (N. 1) 58, pp. 5052. 
 
 II. ILLEGAL PAWNING, FORGING DUPLICATES, &c. Oke's Svnoo 
 
 23. Knowingly pawning Goods without Authority. (39 & 40 Geo. 3, 2nd ed. p. 184. 
 c. 99, s. 8.)] did knowingly and designedly pawn and pledge with [or Offences 2 1,22.
 
 170 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. exchange with, or unlawfully dispose of to] one E. F., then and there 
 2nd ed. p. 184. using and exercising the business of a pawnbroker, a certain coat, the 
 
 property of one [or the said] C. D., the informant, of the value of , 
 
 the said A. B. then and there well knowing the said coat to be the pro- 
 perty of the said C. D., and not being then and there last aforesaid 
 employed or authorized by the said C. D., the owner thereof as aforesaid, 
 so to do, contrary, &c. 
 
 24. The Conviction for the offence last described will be in the 
 General Form No. 40(1. 2), ante, p. 39, stating the adjudication as fol- 
 lows: " to forfeit and pay the sum of , and also the sum of , 
 
 (being the full value of the said goods so pawned and pledged, [or ex- 
 changed, or disposed of,] as aforesaid, as ascertained by me, the said jus- 
 tice,) to be respectively paid, &c." And after stating the term of imprison- 
 ment, say, "and if within three days before the expiration of the said term 
 of commitment, the said several sums shall not be paid, then I order that 
 the said A. B. be [once] publicly whipped in the said [house of correction, 
 or as the case may be, and the justice directs"]." The Commitment will 
 be the general Form No. 52 (O. 1), ante, p. 49, adapted to the above 
 conviction. 
 
 Id. p. 186. 25. Forging Duplicates, Sec. (Id. s. 97.)] did counterfeit, [or forge, 
 
 Offences 23,24. or alter,] 
 
 [or cause, or procure to be counterfeited, forged, or altered,] 
 a certain note or memorandum given by one E. F., a pawnbroker, to the 
 said C.D., the complainant, on the pawning and pledging of certain goods 
 
 on the day of , and which said note or memorandum is in the 
 
 words and figures following, that is to say, {here copy it verbatim,'] with 
 intent then and there and thereby to defraud the said C. D. contrary, &c. 
 
 Id. Offence 25. 26. Uttering Forged Duplicates, Sfc. (Id.)] did utter and vend [or 
 sell] a certain counterfeit [or forged, or altered] note or memorandum [#c. 
 to the asterisk* in No. 25,] he, the said A. B., then and there. well knowing 
 the same to be counterfeited and forged, [or so altered], contrary, &c. 
 
 27. General Forms to be used in enforcing the Conviction, (No. 41 (I. 3) 
 ante, p. 39,)/or the Offences described in Forms No. 25 and 26] ; Com- 
 mitment for the offence, No. 48 (P. 1), ante, p. 46; and as to costs reco- 
 very, No. 49 (P. 3) 51, pp. 4648. 
 
 POOR. 
 
 I. Offences by Overseers. 
 II. Offences by Workhouse Master, SfC. 
 III. Offences in Workhouse. 
 
 GENERAL OBSERVATIONS, &c. The variations in the mode of proceed- 
 ing in general under this title will be : 
 
 1 . That the board of guardians, when they institute proceedings, should 
 give an authority in writing under seal to one of their officers, pur- 
 suant to 5 & 6 Viet. c. 57, s. 1 7, empowering him to prefer the 
 complaint, &c., in the following form : 
 
 "The guardians of the poor of the N. Union do hereby order and 
 empower J. K. of the parish of S., in the county of C., being an 
 officer of the said guardians, to apply on behalf of the said guar- 
 dians, and to prefer a complaint to one of her Majesty's justices
 
 CHAP, ii.] POOR. 171 
 
 of the peace in and for the county of , for process against Oke's Synop. 
 
 I. T. of, &c. for that he, the said I. T., [here describe the offence 2nd ed. p. 186. 
 in the same manner as in an information,] the said parish of S., 
 [where the offence was committed] being included in the said union, 
 and to take such other proceedings in the said matter on behalf 
 of such guardians as may be necessary, the same being a case in 
 which, by virtue of the statute in such case made and provided, 
 the guardians of any parish or union are empowered to make 
 an application or complaint, and to take proceedings before jus- 
 tices at petty [or special] sessions. 
 
 In testimony whereof, the common seal of the guardians of the 
 poor of the said union, and the hand of the presiding chairman of 
 the board thereof, are hereunto affixed and set, at a meeting of 
 
 the said guardians held the day of , in the year of our 
 
 Lord one thousand eight hundred and . 
 
 W. B. (Presiding Chairman of the said Board.) 
 (L. s.) (Common Seal of' the said Guardians.)" 
 
 2. The Information or Complaint should show that the officer laying it 
 is duly authorized, and that the place where the offence, &c., was 
 committed or arose is included in the union for which such board of 
 guardians act. The form of information might be : 
 " The information of J. K., of the parish of S., in the county of 
 C., being an officer of the guardians of the N. union, in the 
 counties of C. and S., to wit, a relieving officer, and duly em- 
 powered by them in this behalf by virtue of the statute in such 
 case made and provided, taken on oath, &c., who saith that I.T. 
 
 of the parish of S. aforesaid, on the day of last, at the 
 
 parish of D., in the said county of C., (the said parish of D. 
 being included in the said union,) did [here state the offence, and 
 conclude as usual], 
 
 Other necessary variations and additions applicable to offences committed 
 in workhouses, will be found under that division, post, p. 173 175. 
 
 1. OFFENCES BY OVERSEERS, &c. 
 
 1. Disobeying Orders of Guardians. (4 & 5 Will. 4, c. 76, s. 95.)] Id. Offence 3. 
 then being overseer of the poor of the said parish of , did wilfully dis- 
 obey a certain legal and reasonable order of the guardians of the N. union 
 
 in the counties of C. and S., in carrying the rules, orders, and regulations 
 of the poor law board into execution, that is to say, an order of the said 
 guardians, that, [here state the order], contrary, &c. 
 
 2. Disobeying Commissioners' Orders. (Id. s. 98.)] then being over- j^. p- ]QQ 
 
 seer of the poor of the said parish of , did wilfully neglect [or disobey] Offences 4, 5. 
 
 a certain rule [or order, or regulation] of one C. D., one of the inspectors 
 
 under the poor law board, duly adopted by the poor law board, and 
 sealed with their seal, that is to say, an order of the said C. D. as such 
 inspector, that, [here state the order], contrary, &c. 
 
 3. Neglecting to collect sufficient Rates, whereby Relief delayed, id. Offence 9. 
 (7 & 8 Viet. c. 101, s. 63.)] then being overseer of the poor of the said 
 
 parish of , did wilfully neglect to make [or collect] sufficient rates 
 
 for the relief of the poor of the said parish [or to pay certain monies 
 then collected by him and in his custody to the guardians of the N. 
 union in the counties of C. and S., as the said guardians had theretofore 
 required], and by reason of such neglect certain relief directed by the
 
 172 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. said board of guardians to be given to one E. F., a poor person belonging 
 
 2nd ed. p. 188. to the said parish of , was delayed [or withheld] during a period of 
 
 seven days, to wit, ten days, contrary, &c. 
 
 Id Offences 19 4. Embezzling Money, $r. (4 & 5 Will. 4, c. 76, s. 97.)] then 
 _2i > being a paid officer, to wit, the workhouse master [or assistant overseer], 
 
 employed by and under the authority of the guardians of the N. union 
 in the counties of C. and S., did then and there purloin and embezzle 
 [or wilfully waste, or misapply] certain monies [or goods, or chattels], to 
 wit, six shillings [as the case may be], then belonging to the said guar- 
 dians and union, contrary, &c. 
 
 5. The variation in the Conviction (No. 39 (I. 1), ante, p. 38,) for the 
 last described offences, would be, in the adjudication, " to forfeit and pay 
 
 the sum of , and also the further sum of , being treble the 
 
 amount of the money [or value of the goods] so embezzled [or as the case 
 way be] as aforesaid, to be respectively paid, &c." 
 
 Id. Offence 23. 6. Acting in relation to Applications in Bastardy. (7 & 8 Viet, 
 c. 101, s. 7.)] then being an officer of the guardians of the N. union, in 
 the counties of C. and S., to wit, a relieving officer, did receive from one 
 E. F. certain money, to wit, six shillings, in respect of a certain bastard 
 child of the said E. F., for whose maintenance an order of petty sessions 
 had been theretofore made by her Majesty's justices of the peace, and the 
 payments for which were to be made to one A. S., the mother of the said 
 child, contrary, &c. 
 
 7. General Forms to be used in enforcing the Conviction (No. 39 (I. 1), 
 ante, p. 38] ; Distress Warrant, &c. No. 53 (N. 1) 58, pp. 5052. 
 
 Id. pp. 192, 
 194. 
 
 Offences 45 
 47. 
 
 II. OFFENCES BY WORKHOUSE MASTER, &c. 
 
 8. Carrying Spirits into Workhouse, contrary to Rules. (4 & 5 
 Will. 4, c. 76, s. 93.)] then being the master of the workhouse of the 
 N. union, in the counties of C. and S., did then send, carry [or introduce] 
 into, 
 
 [or sell, use, lend, or give away in], 
 
 [or knowingly permit, or suffered to be carried or brought, or intro- 
 duced, or sold, used, lent, or given away in], 
 
 the said workhouse there situate, certain spirituous and fermented liquor, 
 to wit, one pint of rum, contrary to the rules, orders and regulations of 
 the commissioners for administering the poor laws applicable to the said 
 workhouse, contrary, &c. 
 
 9. Order of Justices that Salary of Officer offending be stopped for 
 Payment of Penalty. (Id. s. 93.) 
 
 To the board of guardians of the N. union, in the counties of 
 
 C. and S. 
 
 Whereas A. B., of &c. [recite conviction of master] : And whereas you 
 the said guardians having made due application to us in this behalf that 
 
 the sum of now due to him the said A. B. as salary in respect of his 
 
 employment as such master of such workhouse may be retained and 
 applied for the use of the said union in [part] payment of the said 
 penalty, do by this our order, made in pursuance of the statute in such 
 case made and provided, direct you the said guardians of the said N.
 
 CHAP, ii.] POOR. 173 
 
 union so to retain and apply the said sum of so due to him the said oke's Synop. 
 
 A. B. as aforesaid. 2nd ed. p. 194. 
 
 Given under our hands, this day of , in the year of our 
 
 Lord , at in the [county'} aforesaid. 
 
 J.S. 
 J.L. 
 
 10. General Form to be used in eiiforcing the Conviction, (No. 40 
 (I. 2), ante, p. 39), for Offence described in Form No. 8, supra] ; Com- 
 mitment No. 52 (0. 1), ante, p. 49. 
 
 III. OFFENCES IN WORKHOUSE, &c. 
 
 11. Bringing Spirits into Workhouse. (Id. s. 92.)] did carry and Id. p. 194. 
 bring [or introduce], Offences 54, 55. 
 
 [or attempt or endeavour to carry and bring, or introduce], 
 into a certain workhouse of the N. union there situate, a certain quantity 
 of spirituous liquors, to wit, one pint of rum, without any order in writing 
 of the master of the said workhouse in that behalf, contrary, &c. 
 
 12. The conviction and commitment for the last described offence will 
 be the same as No. 10, supra. 
 
 13. Special Description of Inmates.'] then being a person maintained Vide Note 143, 
 [or relieved] in a public workhouse, to wit, the workhouse of the N. union, Synop. p. 194. 
 in the counties of C. and S., situate in the said parish of E , in the 
 
 said county of S., established for the relief of, maintenance and employ- 
 ment of the poor of the said union, and then chargeable 
 
 (a) to the parish of D. in the said county of C., and included in 7&8 Viet. 
 
 the said union, c. 101, s. 57. 
 
 (b) [or on the common fund of the said union, by reason of being 11 & 12 Viet. 
 
 exempt from removal, under some provision of the act passed c. 40, s. 9 (con- 
 in the tenth year of the reign of her present Majesty, intituled tinned by 12 & 
 " An Act to amend the Laws relating to the Removal of the 13 Viet. c. 103, 
 Poor,"] s - 1. til1 30th 
 
 (c) [or by reason of being a destitute wayfarer, or wanderer, ^P u 185 ^.) 
 
 or foundling,] 
 
 (d) [or by reason of an accident occurring to him the said 
 
 A. B. while within the parish of D. in the county of C., 
 and included in the said union, and not having a legal 
 settlement in the same parish.] 
 
 14. Damaging or Embezzling Clothes. (50 Geo. 3, c. 50, s. 4.)] Oke's Synop. 
 Proceed as the case may be, by stating either of the descriptions of the de- 2nd ed.p. 194. 
 fendantasis applicable, in the manner directed by Form No. 13, supra, Offences 56 
 then : did then and there embezzle, 58. 
 
 [or wilfully waste, or spoil, or damage], 
 certain clothing [or goods, or materials], committed to his care, to wit, 
 
 , there being, 
 
 [or take, or carry away from the said workhouse, without permission 
 of the keeper, certain clothing [or goods, or materials] provided 
 
 for the use of the poor therein, to wit, ], 
 
 contrary, &c. 
 
 Id. p. 196. 
 
 15. Regular Inmates refusing to Work, or Misbehaving, SfC. (55 Offences 59 
 
 61.
 
 174 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. Geo. 3, c. 137, s. 3.)] Proceed by stating either of the descriptions (a), 
 2nd ed. p. 196. (b) or (d) in No. 13, ante, then : did then and there refuse to work at 
 
 a certain work, occupation and employment, to wit, , suited to his 
 
 age, strength, capacity, 
 
 [or was then and there guilty of drunkenness], 
 [or was guilty of certain misbehaviour, to wit, by then and there 
 shouting, fighting, swearing, and thereby disturbing the inmates 
 of the said workhouse], 
 contrary, &c. . 
 
 Id. Offences 62 16. Occasional Poor refusing to work, fyc. (5 & 6 Viet. c. 57, s. 5.)] 
 
 64. Proceed as in No. 13, ante, by describing the defendant as in (c), then: 
 
 and while in the said workhouse, did then and there within four hours from 
 
 the hour of breakfast, to wit, the hour of in the morning of the said 
 
 last mentioned day, being the morning succeeding his admission into the 
 said workhouse,* refuse [or neglect] to perform a certain task of work, to 
 
 wit, , being a task of work suited to his age, strength and capacity, 
 
 such task of work having been prescribed by a certain order duly made 
 
 by the guardians of the poor of the said union, bearing date the day 
 
 of , in the year of our Lord , and approved of by the poor law 
 
 commissioners, 
 
 [or from the asterisk, * did then then and there wilfully destroy or 
 
 injure his own clothes, to wit, , by burning [or tearing] the 
 
 same] ; 
 lor from the asterisk,* did then and there wilfully damage, to wit, 
 
 by burning certain property in the said workhouse of the [said] 
 
 guardians of the poor of the said union, to wit J, 
 
 contrary to the statute made in the sixth year of the reign of her present 
 Majesty, intituled " An Act to continue until the Thirty-first day of July, 
 one thousand eight hundred and forty-seven, and to the end of the then 
 next Session of Parliament, the Poor Law Commission; and for the fur- 
 ther Amendment of the Laws relating to the Poor in England;" and the 
 said A. B. for his said offence being by virtue of the statute last aforesaid 
 an idle and disorderly person within the intent and meaning of the statute 
 made in the fifth year of the reign of his late Majesty King George the 
 Fourth, intituled " An Act for the Punishment of Idle and Disorderly 
 Persons, and Rogues and Vagabonds in that Part of Great Britain called 
 England." 
 
 Id. Offence 69. 17. Absconding from Workhouse, with Clothes, $c. (55 Geo. 3, c. 137, 
 s. 2.)] Proceed as in No. 13, ante, by stating either of the descriptions 
 of the defendant (a), (b), (c) or (d), as applicable, and then : did then 
 and there desert and run away from the said workhouse, and did then 
 and there carry away with him certain clothes [or linen, goods or things], 
 
 to wit, , of the value of , belonging to the guardians of the poor 
 
 of the said union, before then provided for the use of the poor of the said 
 workhouse, and then [respectively] branded with the words " N. Union 
 Workhouse," contrary, &c. 
 
 18. The Conviction for the offences described in Forms No. 14 to 17, 
 supra, will be in the General Form No. 41 (I. 3), ante, p. 39. 
 
 19. The Commitment will be in the General Form No. 48, (P. 1), 
 ante, p. 46, with these variations : 
 
 Where Defendant is chargeable to a Parish (No. 13, ante,(a)), of a 
 County different to that in which the Workhouse where Offence 
 committed is aituated and committed to the former. (7 & 8 Viet. 
 c. 101, s. 57.)] Say in the adjudication of imprisonment, " in
 
 CHAP, ii.] POOR POUNDBREACH. 175 
 
 the common gaol at C., in and for the said county of C., in Qke's Synop. 
 pursuance of the authority in me vested by the statute in such 2nd ed. p. 196. 
 case made and provided." 
 
 Where Defendant is chargeable on the Common Fund by reason of 
 Irremovability. (No. 13 (b), ante.) (11 & 12 Viet. c. 110, s. 9.)] 
 Say in the adjudication of imprisonment, " in the common 
 gaol at C., in and for the said county of C., in pursuance of the 
 authority in me vested by the statute in such case made and 
 provided, the said A. B. having been residing in the parish of 
 D., in the said county of C., at the time of his admission into 
 the said workhouse." 
 
 Where Defendant is chargeable on the Common Fund by Reason of 
 being a Wayfarer, fyc., or having met with Accident, fyc. (No. 
 13, (c) or (d), ante.) (11 & 12 Viet. c. 110, s. 9.)] Say in 
 the adjudication of imprisonment, "in the common gaol at C., 
 in and for the said county of C., in pursuance of the authority 
 in me vested by the statute in such case made and provided, 
 the major part of the union aforesaid being comprised within 
 the said county of C." 
 
 20. Buying, 6?c. Parish Goods. (55 Geo. 3, c. 137, s. 2.)] did Id. Offences 65 
 knowingly buy [or take in pawn, exchange or receive] certain wearing 67. 
 apparel [or goods, clothes, linen, tools, utensils, materials, or things or 
 provisions], to wit, , of the value of , of the goods of the guardians 
 
 of the poor of the N. union, in the counties of C. and S., the said A. B. 
 then and there well knowing the said wearing apparel [or as the case may 
 be] to have been provided for the use of the poor received into the work- 
 house of the said union, situate in the parish of E., in the said county of 
 S., and the said wearing apparel being then marked [stamped or branded] 
 with the words " ," contrary, &c. 
 
 21. Obliterating the Marks or Stamps on Apparel, if c. (Id.)] did Id. Offence 68. 
 unlawfully cause to be obliterated [or defaced] a certain mark [or stamp], 
 
 to wit, the words " ," then and there being on certain clothes, to 
 
 wit, , of the value of , of the goods of the guardians of the poor 
 
 of the N. union, in the counties of C. and S., and before then provided 
 for the use of the poor received into the workhouse of the said union, 
 situate in the parish of E., in the said county of S., contrary, &c. 
 
 22. General Form to be used in enforcing the Conviction, (No. 40, 
 (I. 2), ante, p. 39]; Commitment, No. 52, (O. 1), ante, p. 49. 
 
 POUNDBREACH. 
 
 1. Releasing Cattle impounded for straying on inclosed Land. (6 & 7 Oke's Synop. 
 Viet. c. 30, s. 1.)] Did release, 2nd ed. p. 198. 
 
 [or attempt to release, by then and there ], Offences 1, 2. 
 
 a certain horse [or ass, sheep or swine], 
 
 [or certain cattle, to wit, two cows], 
 
 before then lawfully seized for the purpose of being impounded, in con- 
 sequence of the said having been found wandering [or straying, or 
 
 lying and being depastured] on certain inclosed land [in the occupation] 
 of [the said] C. D., [the complainant,] there situate, and without the
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Svnop consent of the'said C. D., the owner [or occupier] thereof,* from the 
 
 2nd ed. p. 198. pound and place, to wit, the common pound of the said parish of , 
 
 and situate therein, where the said was then and there impounded, 
 
 contrary, &c. 
 
 2. The like, on the Way to the Pound. (Id.)] Proceed to the asterisk* 
 
 in Form No. 1, supra, and then : and which said was then on the 
 
 way to [or from] a certain pound and place, to wit, the common pound 
 
 situate in the said parish of , for the purpose of being then and there 
 
 impounded, contrary, &c. 
 
 Id. Offences 3, 3. Damaging the Pound, S,-c. (Id.)] did pull down [or damage, or 
 
 4. ' destroy,] a certain pound and place, 
 
 [or did damage the lock, or bolt, belonging to and which fastened a 
 certain pound and place,] 
 
 to wit, the common pound of the said parish of , and situate therein, 
 
 wherein a certain horse [or as the case may bej] was then and there im- 
 pounded, having before then been lawfully seized, in consequence of 
 having been found wandering [or straying, or lying and being depastured,] 
 on certain inclosed land [in the occupation] of the said C. D. [the com- 
 plainant,] there situate, and without the consent of the said C. D., the 
 owner [or occupier] thereof, contrary, &c. 
 
 4, General Form^to be used in enforcing the Conviction, (No. 40 (I. 2), 
 ante, p. 39] ; Commitment, No. 52 (O. 1), ante, p. 49. 
 
 PRINTERS. 
 
 2 Arch. J. P. 1. Using a Printing Press or Types without Notice, $c. (39 Geo. 3, 
 
 tit. Sedition, 4th c. 79, ss. 23, 25, 26, 29, 30, 32.)] did, contrary to an act of the thirty- 
 
 ed. p. 448. ninth year of the reign of King George the Third, intituled, " An Act for 
 
 the more effectual Suppression of Societies established for seditious and 
 
 treasonable Purposes, and for better preventing treasonable and seditious 
 
 Practices," keep [or use] a printing press [or types for printing, or carrying 
 
 on the business of a letter founder, or maker or seller of types, or printing 
 
 presses], not having given such notice, and obtained such certificate as by 
 
 the said act is required [or in , being a place not specified in any 
 
 notice given by the said A. B. in pursuance of the said act, whereupon he 
 had obtained such certificate as by the said act is required ; or not keeping 
 an account of a person to whom the said A. B. sold printing types, or a 
 printing press, as the case may be ; or not printing his name, &c., as the 
 case may require ; or not keeping a copy of a paper printed by him for 
 hire, reward, gain, or profit, to wit, a paper [describing if], which the said 
 A. B. printed, &c. ; or not producing a copy of a paper printed, &c., or 
 specifying any other offence against the act, and the time and place when 
 and where the same was committed.] 
 
 2. General Forms to be used in enforcing the Conviction, (No. 39, 
 (I. I), ante, p. 38)] ; Distress Warrant, &c., No. 53 (N. 1) 58, ante, 
 pp. 5052.
 
 CHAP, ii.] PROMISSORY NOTES. 177 
 
 PROMISSORY NOTES. 
 
 1. Issuing Notes under Twenty Shillings. (48 Geo. 3, c. 88, ss. 1, 3.)] 
 did publish and utter [or did negotiate, or transfer,] a certain promissory 
 note [or bill of exchange, or draft, or undertaking in writing,] for the 
 payment of a sum of money less than the sum of twenty shillings, to wit, 
 eighteen shillings, the same being then and there negotiable [or transfer- 
 able], contrary, &c. 
 
 2. General Form, SfC., as in No. 2, under title " Printers." 
 
 RAILWAYS. 
 
 I. Offences by Servants of Railway Companies. 
 II. Offences by other Persons. 
 
 I. OFFENCES BY SERVANTS OF RAILWAY COMPANIES. 
 
 1. Engine Driver, fyc., being drunk. (3 & 4 Viet. c. 97, s. 13 ; 5 & 6 Oke's Synop. 
 Viet. c. 55, a. 17.)] then being an engine driver [or waggon driver, 2nded.p. 198. 
 
 guard, porter, servant,] in the employment of the railway company,* Offence 1. 
 
 was then and there found drunk, he the said A. B. being then and there 
 
 employed upon the [branch] railway there situate [called the branch], 
 
 belonging to the said company [or to a certain other railway company 
 
 called , or by one E. F., in conducting traffic upon the said railway 
 
 belonging to the said company], contrary, &c. 
 
 2. Committing Offence against Bye-Law. (Id.)] Proceed to the as- Id. Offence 2. 
 terisk* in Form No. 1, then : did then and there commit a certain offence 
 
 against a certain bye- law [or rule, or regulation] duly made by the [said] 
 railway company, by virtue of an act made and passed in a session of 
 
 parliament held in the and years of the reign of her present 
 
 Majesty, intituled " An Act, fyc.," and then and still in force, to wit, 
 by then and there [here describe the offence^, contrary, &c. 
 
 3. Doing or omitting to do any Act whereby Life endangered. (Id.)] j<j offences 3 
 Proceed to the asterisk * in Form No. 1, supra, and then: did then and 4. 
 
 there wilfully [or maliciously, or negligently,] do 
 
 [or omit to do] 
 
 a certain act, to wit, [here describe the act done or otnitted'],* whereby 
 
 the lives and limbs of persons then passing along and being upon the 
 railway there situate, belonging to the said company [or to a certain other 
 railway company called ], were then and there endangered, 
 
 [or whereby certain works of the said railway, to wit, , belonging 
 
 to the said company, were then and there injured to the amount 
 
 of ,] 
 
 contrary, &c. 
 
 4. The like, whereby Trains obstructed, fyc. ( Id.)] Proceed as directed 
 in No. 3 to the second asterisk,* and then : whereby the passage of a 
 certain train [or engine, or carriage], then passing along the railway there 
 situate, belonging to the said company [or to a certain other railway com- 
 pany called ], was then and there obstructed and impeded, con- 
 trary, &c. 
 
 N
 
 178 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 5. Aiding Offenders. (Id.)] This Form will be drawn in the manner 
 2nd ed. p. 198. directed in the General Forms No. 6 and 7, ante, p. 26. 
 
 6. The Conviction for the ahove offences will be either No. 41 (I. 3), 
 ante, p. 39, where imprisonment only adjudged, enforced by Commit- 
 ment No. 48 (P. 1), ante, p. 46; and Costs, by Distress Warrant, &c., 
 No. 49 (P. 3) 51, ante, p. 4648 ; or where a penalty imposed, Con- 
 viction No. 40 (I. 2), ante, p. 39, enforced by Commitment No. 52 
 (O. 1), ante, p. 49. 
 
 Id. p. 202. 
 Offence 23. 
 
 Id. Offence 24. 
 
 Id. Offence 25. 
 
 Id. Offence 26. 
 
 
 JJ' 
 29> 
 
 Id. p-204. 
 
 II. OFFENCES BY OTHER PERSONS. 
 
 7. Obstructing Inspector of Railways. (3 & 4 Viet. c. 97, s. 6.)] did 
 wilfully obstruct one E. F., then upon a certain railway called the - 
 railway, by then and there - , he the said E. F. then and there being 
 duly authorized to inspect the said railway, and the station, works, and 
 buildings thereon, and in the execution of his duty as such inspector, con- 
 trary, &c. 
 
 8. Obstructing Officer of Railway. (Id. s. 16.)] did wilfully ob- 
 struct [or impede] one E. F., then being in the execution of his duty 
 upon a certain railway there situate, called the - Railway, by then 
 and there [describe the obstruction], he the said E. F. being then an 
 officer [or agent], to wit, a - of the [said] - Railway Company, 
 and being then and there in the execution of his duty upon the said 
 railway, 
 
 [or in one of the stations [works or premises] connected with the 
 
 said railway], 
 contrary, &c. 
 
 9. Trespassing upon Railway. (Id.)] did wilfully trespass upon a 
 certain railway, 
 
 [or upon a certain station [or premises] connected with a certain 
 
 railway], 
 
 there situate, called - , and did then and there refuse to quit the 
 same upon a request to him for that purpose made by one E. F., an officer 
 [or agent], to wit, a porter, of the said railway company, contrary, &c. 
 
 10. Aiding or assisting Offender. (Id.)J This Form will be drawn 
 in the manner directed in the General Forms Nos. 6 and 7, ante, 
 p. 26. 
 
 11. General Form to be used in enforcing the Conviction (No. 40 (I. 2), 
 ante, p. 39, for the Offences described in Forms Nos. 7 10]; Commit- 
 ment No. 52 (O. 1), ante, p. 49. 
 
 12. Injuring Boards of Eye-Laws, $c. (8 Viet. c. 16, s. 146.)] did 
 then and there pull down [or injure], 
 
 [or obliterate the letters and figures on] 
 
 a certain board, then and there put up and affixed on the premises of a 
 certain railway company there called the - Company, as required by 
 the statute in that case made and provided, for the purpose of publishing 
 the bye-laws of the said company, contrary, &c. 
 
 13. Obstructing Persons in setting out the Line. (8 Viet. c. 20, 
 !4.)] did then and there wilfully obstruct one E.F., then and there 
 
 acting under the authority of a certain railway company, called the -
 
 CHAP. ii.j RAILWAYS SEAMEN. 179 
 
 Railway Company, in the lawful exercise of the power of the said company Oke's Synop. 
 
 in setting out the line of the railway of the said company there situate, 2nd ed. p. 204. 
 [or did then and there pull up [or remove] certain poles or stakes, to 
 wit, ten poles, then and there driven into the ground for the 
 purpose and in the lawful exercise of the power of a certain 
 
 railway company called the Railway Company, in setting 
 
 out the line of the railway of the said company there situate], 
 
 contrary, &c. 
 
 14. Passsenger travelling in Carriage without having paid Fare. (Id. Id. Offences 47, 
 s. 103.)] did travel [or attempt to travel] in a certain carriage, then 48. 
 
 being in and upon a certain railway there situate, called , belonging 
 
 to the Railway Company, he the said A.B. not having previously 
 
 paid his fare, and with intent to avoid the payment thereof, contrary, &c. 
 
 15. Travelling beyond Distance for which Fare paid. (Id.)] then Id. p. 206, 
 being a passenger in a certain carriage in and upon a certain railway Offence 49. 
 there situate, called , belonging to the Railway Company, and 
 
 having paid his fare from L. to C., being a distance of fifty-six miles, did 
 knowingly and wilfully * proceed in the said carriage by the said railway 
 beyond such distance, to wit, to the station of E., being sixty-six miles 
 from L. aforesaid, without previously paying the additional fare for the 
 said additional distance of ten miles, and with intent to avoid the pay- 
 ment thereof, contrary, &c. 
 
 16. Refusing to quit Carriage on arriving at end of Journey. (Id.)] Id. Offence 50. 
 Proceed to the asterisk* in Form No. 15, and then : refuse [or neglect], 
 
 on arriving at C. aforesaid, to quit the said carriage, contrary, &c. 
 
 17. Offending against Bye-Laws. (Id. s. 109.)] did unlawfully Id. Offence 52. 
 [here state the offence'], contrary to the bye-law in that behalf duly made 
 
 and published by the said railway company pursuant to the provisions 
 of an act made and passed in a session of parliament held in the 
 
 and years of the reign of her present Majesty, intituled " An Act," 
 
 4'c, and which said bye- law was, at the time of the commission of the said 
 offence, and still is in force, contrary, &c. 
 
 18. Injuring Boards of Bye- Laws, $c. Penalties. (Id. s. 144.)] Id. Offences 57 
 These offences may be described similarly to those in Form No. 12, 59. 
 
 ante, p. 178. 
 
 19. General Forms to be used in enforcing the Conviction (No. 39 
 (I. 1), ante, p. 38)]; Distress Warrant, &c. No. 53 (N. 1) 58, ante, 
 p. 5052. 
 
 SEAMEN. 
 
 1. Master not having a written Contract as to Wages, 4~c. (7 & 8 Viet. Id. p. 208. 
 c. 112, s. 4.)] that A. B., late of &c., mariner, on &c., at &c., being Offence 1. 
 then and there master [or owner, as the case may be], of a certain vessel 
 
 called , belonging to , a subject of her Majesty, and then bound 
 
 on a certain voyage, to wit, from , in England, and proceeding to 
 
 parts beyond the seas, to wit, to , did carry E. F. a seaman (not 
 
 being an apprentice) as one of his crew [or complement], and not as an 
 apprentice on board the said vessel, he the said A. B. not having first 
 made or entered into any agreement in writing with the said E. F. for or 
 
 N 2
 
 180 Summary Convictions and Orders. [PART I. 
 
 Oke's Synop. in respect of the wages of the said E. F. for the said voyage or otherwise 
 2nd ed. p. 208. in manner and form as by the statute in that hehalf is directed, con- 
 trary, &c. 
 
 2. General Form to be used in enforcing the Conviction (No. 40 
 (I. 2), ante, p. 39)] ; Commitment No. "52 (O. 1), ante, p. 49. 
 
 SEDITIOUS MEETINGS. 
 
 2 Arch. J. P. 1. For an unlawful Combination and Confederacy. (39 Geo. 3, c. 79, 
 4th ed. p. 454. ss. 2, 8.)] did contrary to an act, &c. [set forth the title, Sfc. as in Form 
 No. 1, tit. " Printers," ante, p. 176,] become a member of, 
 
 [or directly, or indirectly maintain a correspondence or intercourse 
 
 with,] 
 
 [or by contribution of money, aid, abet, or support,] 
 a certain society [describing it], which society is an unlawful combination 
 and confederacy within the intent and meaning of the said act. 
 
 4 
 
 2. The Conviction for the above described offence may be either in the 
 Form No. 41 (I. 3), ante, p. 39, where imprisonment only adjudged; or 
 No. 89 (I. I), ante, p. 38, where a penalty imposed ; the former enforced 
 by Commitment No. 48 (P. 1), ante, p. 46, and the Costs by Distress War- 
 rant, &c. No. 4951, ante, pp. 46 48 ; and the latter by Distress War- 
 rant, &c. No. 53 (N. 1) 58, ante, pp. 5052. 
 
 SHEEP. 
 
 Oke's Synop. 1.. Bringing infected Sheep, fyc. into a Market, fyc. (11 & 12 Viet. 
 
 2ndecJ. p. 210. c. 107, s. 1 (a).j did bring [or attempt to bring] certain sheep [or 
 
 Offence 1. lambs, oxen, bulls, cows, calves,] to wit, twenty sheep [or as the case may 
 
 be,] into a certain open market there situate, to wit, the market of N., he 
 
 the said A. B. then and there well knowing the said sheep [or as the case 
 
 may be,] to be infected with or labouring under a certain contagious and 
 
 infectious disorder known as the sheep pox or variola ovina, contrary, 
 
 &c. 
 
 Id. p. 212. 2. Depasturing infected Sheep, fyc. on a Forest, <$r. (Id. s. 2.)] did 
 
 Offence 2. * urn out > keep, and depasture certain sheep, to wit, three score of sheep, 
 
 upon a certain uninclosed forest [or as the case may be~] t he the said A. B. 
 
 then and there well knowing, &c. [as in Form No. 1.] 
 
 Id. Offence 3. 3. Publicly exposing for Sale Meat unfit for human Food. (Id. s. 3.)] 
 did publicly expose [or offer] for sale in a certain public market there 
 situate, to wit, the market place of the town of N., certain meat, to wit, 
 part of a calf, the same being then and there unfit for human food, con- 
 trary, &c. 
 
 4. General Forms to be used in enforcing the Conviction No. 39 (1. 1) 
 ante, p. 38] ; Distress Warrant, &c.*No. 53 (N. 1) 58, ante, pp. 50 
 52. 
 
 (a) This statute will expire on the 1st Sept. 1850.
 
 CHAP, ii.] SHIP'S BALLAST, PASSENGERS, &o. 181 
 
 SHIP'S BALLAST. 
 
 1. Throwing Ballast, $c. into a River, <-c. (54 Geo. 3, c. 159, s. 11.)] From 5 Burn's 
 being then and there master and a person having the charge of a certain J us - 29th ed. 
 private vessel, called , did cast, throw, empty, and unlade, and cause P- ''*. 
 
 and procure to be cast, thrown, emptied, and unladen from and out of the 
 
 said vessel, a large quantity, to wit, tons of ballast, gravel, earth, 
 
 and rubbish into a certain navigable river of the kingdom there, called 
 the [Thames], so as to tend to the- injury and obstruction of the naviga- 
 tion of the said river, contrary, &c. 
 
 2. General Form to be used in enforcing the Conviction No. 40 (I. 2), 
 ante, p. 39] ; Commitment No. 52 (O. 1), ante, p. 49. 
 
 SHIP'S PASSENGERS. 
 
 1. Master of Ship under Two Hundred Tons carrying more than Twenty From 5 Burn's 
 Persons between Great Britain and Ireland without Licence. (4 Geo. 4, Jus. 29th ed. 
 c. 88,s. 1.)] being then and there the [master and a person having p. 1021. 
 
 the charge and command] of a certain ship and vessel called , then 
 
 and there employed in the conveyance of passengers between Great 
 Britain and Ireland, being of less than two hundred tons burthen, to wit, 
 of the burthen of one hundred tons, did unlawfully have and take on 
 board, carry and convey, a greater number of passengers than twenty, to 
 wit, [fifty] persons as passengers in and by the said ship and vessel, from 
 
 a certain port in England, called , to a certain port in Ireland, called 
 
 , no licence for the conveyance of passengers having been then pre- 
 viously granted to the said owner or master, or commander of the said 
 ship and vessel, according to the directions of the statute in that behalf 
 made and provided, contrary, &c. 
 
 2. General Forms to be used in enforcing the Conviction No. 39 (I.I) 
 ante, p. 38] ; Distress Warrant, &c. No. 53 (N. 1) 58, ante, pp. 50 
 52. 
 
 As to the conveyance of passengers in Merchant ships, vide 12 Sf 13 
 Viet. c. 33, which repeals the previous statutes on the subject, (viz. 
 5 & 6 Viet. c. 107 ; 8 & 9 Viet. c. 14 ; 10 & 11 Viet. c. 103; 
 11 & 12 Viet. c. 6.) 
 
 SHIP'S REGISTER. 
 
 1. Detaining a Certificate of Registry. (3 & 4 Will. 4, c. 55, s. 27.)] From 5 Burn's 
 that he the said A. W. [the complainant] together with D. W., on Jus. 29th ed. 
 
 the day instant, were and still are owners of a certain p. 1017. 
 
 vessel called [The Resolution] now in the port of London, and that 
 P. S. of &c. then had in his custody and possession the certificate of the 
 registry of the said vessel, and that they the said A. W. and D. W. then 
 were and still are desirous of transferring of their property in the said 
 vessel, and of procuring an indorsement of such transfer to be made on 
 the said certificate by C. C., being the collector, and C. A., being the con- 
 troller of the port of London, being the port where the said vessel is regis- 
 tered, and they being the proper officers of the customs in that behalf,
 
 Summary Convictions and Orders. [PART i. 
 
 for which purpose occasion then required and still requires that the said 
 certificate should be delivered up to the said collector and controller ; and 
 
 that the said A. W. did on the said day of instant, at in 
 
 the county aforesaid, for and on behalf of himself and the said D. W. so 
 being such owners of the said vessel as aforesaid, demand and require of 
 the said P. S. to deliver up to them, the said collector and controller, they 
 then and there being the proper officers of the customs in that behalf, the 
 said certificate of the registry of the said vessel, and which he then had 
 in his custody as aforesaid, for the purpose of the said collector and con- 
 troller indorsing thereon the said transfer of the said A. W. and D. W.'s 
 property in the said vessel ; but the said P. S. then and there wilfully and 
 wrongfully detained and refused to deliver up the said certificate to the 
 said collector and controller, for the said purpose aforesaid, on the occa- 
 sion required as aforesaid, or for any other purpose whatever; and the 
 said P. S. still wilfully retains the said certificate, contrary, &c. 
 
 From 2 Arch. 2. The like, in a shorter Form,] that A. B., late master of a certain 
 
 J. P. 4th ed. p. ship called , having, whilst he was so master of the said ship as 
 
 502. aforesaid, to wit, on the day of , in the year aforesaid, at 
 
 in the county aforesaid, received and obtained the certificate of the re- 
 gistry of the said ship, did afterwards, to wit, on the day of 
 
 now last past, at in the said county, wilfully detain the said certifi- 
 
 cate> and refuse to deliver up the same to the officers of her Majesty's 
 customs then and there demanding the same, for the purposes of the said 
 ship, as occasion did then require, contrary, &c. 
 
 N.B. The complaint must be made on oath by the owner, &c., to 
 the justice, and the justice should be described as, " residing near 
 the place where the detainer and refusal hereinafter mentioned 
 were made." 
 
 3. Warrant thereon. (Id.] This will be in the General Form No. 11, 
 (C), ante, p. 27, but instead of, " to answer, &c." say, "to be examined 
 by me touching such detainer and refusal." 
 
 4. Justice's Certificate of Detainer, Refusal and Conviction, in order 
 that Customs' Officers may register Vessels de novo. (3 & 4 Will. 4, c. 55, 
 s. 27.)] I, the undersigned J. S., Esquire, one of her Majesty's justices 
 of the peace in and for the county of , do hereby certify to the offi- 
 cers of her Majesty's customs at , in the same county, that A. B., 
 
 of, &c. was this day duly convicted by and before me of having, on the 
 day of , at in the said county, unlawfully detained the cer- 
 tificate of registry of a certain ship called , the property of C. D., of 
 
 , merchant, granted by the said officers, and refused to deliver up 
 
 the same on demand made for the purposes of the said ship, as occasion 
 did then require. 
 
 Dated this day of , 1850. 
 
 J. S. 
 
 5. General Form to be used in enforcing the Conviction (No. 40 
 (I. 2), ante, p. 39] ; Commitment No. 52 (O. 1), ante, p. 49.
 
 CHAP, ii.] SUNDAY SWEARING. 183 
 
 SUNDAY. 
 
 1. Trading on Sunday. (29 Car. 2, c. 7, s. 1.)] the same being the Oke's Synop. 
 Lord's day, commonly called Sunday, and the said A. B, being then and 2nd ed. p. 216. 
 there a [butcher], and being then above the age of fourteen years, did Offence 1. 
 then and there do and exercise certain worldly labour, business and work 
 
 in his ordinary calling of [butcher] aforesaid, upon the said Lord's day, 
 by then and there selling to one E. F. a leg of mutton, the same not 
 being a work of necessity or charity, contrary, &c. 
 
 2. The, like, in another form. (Reg. v. Barton, No. 7 of The Magis- Id. 
 trate, p. 101 ; 13 Just. Peace, 120; 18 Law J. 56, M. C.; 3 Bit. & Par. 
 New Mag. Cas. 101.)] for that he the said Robert Barton, within ten 
 days now last past, to wit, on the eighth day of October, in the year 
 aforesaid, at the parish of Eynsham, in the said county, being then and 
 there above the age of fourteen years, and being then and there a dealer 
 
 in fruit, did then and there do and exercise certain worldly labour, busi- 
 ness and work of his ordinary calling of dealer in fruit aforesaid, upon 
 the Lord's day, to wit, the day aforesaid, by then and there selling to one 
 Thomas Smith a certain quantity of fruit, to wit, one hundred walnuts, 
 the same not being a work of necessity or charity, against, &c. 
 
 3. Publicly crying Wares, fyc. on a Sunday. (Id.)] the same being Id. Offence 2. 
 the Lord's day, commonly called Sunday, did then and there, in a certain 
 
 street called , publicly cry [or show forth, or expose to sale] certain 
 
 wares [or merchandize, fruit, herbs, goods or chattels], to wit, , upon 
 
 the said Lord's day, contrary, &c. 
 
 4. Travelling on Sunday. (Id. s. 2.)] the same being the Lord's day, Id. Offence 3. 
 commonly called Sunday, and the said A. B. being a drover [or horse 
 
 courser, waggoner, &c.], did then and there travel with certain beasts, to 
 wit, twenty head of oxen [or with his common stage waggon and three 
 horses], on the open Queen's highway, into and through the said parish 
 of , contrary, &c. 
 
 N.B. The penalties for the above described offences are recovered in 
 the same manner and under the same adapted Forms as directed 
 in proceedings upon a first offence in tit. " Drunkenness," ante, 
 p. 108. 
 
 SWEARING. 
 
 1. Cursing and Swearing. (19 Geo. 2, c. 21. s. 1.)] did profanely Oke's Synop. 
 curse [one] profane curse in these words, to wit, 2nd ed. pp.216, 
 
 [or profanely swear [one] profane oath in these words, to wit, 218. 
 
 he the said A. B. then being a labourer [or above a labourer and under 
 the degree of a gentleman, to wit, a grocer, [or of or above the degree 
 of a gentleman, to wit, an esquire], contrary, &c. 
 
 2. The Conviction of a labourer, common soldier, or common seaman, 
 will be in the General Form No. 40 (I. 2), ante, p. 39, with these varia- 
 tions: 
 
 Where adjudged to be imprisoned for Ten Dayi\,say, " And if the said 
 several sums be not paid immediately, or security given for the
 
 184 
 
 Oke's Synop. 
 
 2nd ed. pp. 216, 
 218. 
 
 Summary Convictions and Orders. [PART i. 
 
 same to my satisfaction, I adjudge, &c. ;" and omit the words, 
 " unless sooner paid." 
 
 Where set in the Stocks on nonpayment,'] say, " And if the said several 
 sums be not paid immediately, or security given for the same to 
 my satisfaction, I adjudge the said A. B. to be publicly set in 
 
 the stocks of the said parish of , for the space of ," and 
 
 omit the words, " unless sooner paid." 
 
 The Commitment thereon would be the General Form No. 52 (O. 1), 
 ante, p. 49, adapted to the above altered Convictions, but adding in the 
 recital of nonpayment these words, " and also hath refused to give satis- 
 factory security to pay the same." 
 
 3. The Conviction of a person above a labourer, but under the degree 
 of a gentleman, and also of a person of or above the degree of a gentle- 
 man, will be in the General Form No. 40 (I. 2), ante, p. 39, with these 
 variations: 
 
 Say in the adjudication: "And if the said sum of [the penalty], 
 
 be not paid immediately, or security given for the same to my 
 satisfaction, I adjudge the said A. B. to be imprisoned in the 
 
 house of correction at , in and for the said county of , 
 
 and there to be kept to hard labour for the space of ten days," 
 omitting the words, " unless sooner paid." ' ' And if the said sum 
 
 of (being the charges of the information and conviction, as 
 
 ascertained by me), be not paid at the expiration of the said 
 
 imprisonment, or security given for the same to my satisfaction, 
 
 I adjudge the said A. B. to be further imprisoned in the said 
 
 house of correction, and there to be kept to hard labour for the 
 
 space of six days, over and above the said term of ten days." 
 
 The Commitment thereon would be in the General Form (No. 52 
 
 (0. 1), ante, p. 49, adapted to the above altered Conviction, but adding to 
 
 the recital of nonpayment these words, "and also hath refused to give 
 
 satisfactory security to pay the said sum of [the penalty'], or the said 
 
 sum of , for such charges aforesaid." 
 
 THEATRES. 
 
 Oke's Synop. 1. Keeping House without Licence. (6 & 7 Viet. c. 68, s. 2.)] did 
 
 2nd ed. p. 218. then and there keep a certain house [or other place] of public resort there 
 
 Offence 1. situate for the public performance of stage plays, to wit, , without 
 
 authority in that behalf, by virtue of any letters-patent, or a licence from 
 the Lord Chamberlain or her Majesty's justices of the peace for the divi- 
 sion in which the said house is situated, as required by the statute in that 
 
 case made and provided, and did continue the same for successive 
 
 days thereafter, contrary, &c. 
 
 Id. Offence 2. 2. Performing in unlicensed House. (Id. s. 1 1 .)] did then and there 
 
 for hire act and present a certain stage play, to wit, , in a certain 
 
 place, to wit, , the said place not being a patent theatre or duly 
 
 licensed in that behalf, contrary, &c. 
 
 3. The Conviction for the offences described in the preceding two Forms 
 will be in the General Form No. 39 (I. 1), ante, p. 38, altering the adju- 
 dication thus: " to forfeit and pay the sum of twenty pounds, being after
 
 CHAP, ii.] TURNPIKE ROADS. 185 
 
 the rate of four pounds for each of the said five days on which the said Oke's Synop. 
 A. B. did so offend as aforesaid, to be paid, &c." This will be enforced 2nd ed. p. 218. 
 by the Distress Warrant, &c. No. 53 (N. 1) 58, ante, p. 5052. 
 
 TURNPIKE ROADS. 
 
 I. Offences by Toll Collector. 
 
 II. Offences as to Tolls. 
 
 III. Offences by Drivers, Owners, fyc. 
 
 IV. Nuisance and other Offences. 
 
 I. OFFENCES BY TOLL COLLECTOR. 
 
 1. Demanding greater or less Toll, Sfc. than authorized. (3 Geo. 4, c. 126, Oke's Synop. 
 
 s. 55.)] then being the farmer [or renter or collector] of tolls at a cer- 2nd ed. p. 220. 
 tain gate there, [called the Devil's Ditch Gate] on a certain turnpike road Offence 1. 
 there situate, [called the Newmarket Turnpike Trust]* did then and there 
 take the sum of from one [or the said] C. D. for the toll of a horse 
 on which the said C. D. was then and there riding, 
 
 [or for the toll of a waggon drawn by two horses which the said 
 C. D. was then and there driving, or as the case may bel, 
 
 the said sum being a greater [or less] toll, to wit, greater [or less] 
 
 than what was then authorized or directed by any act of parliament, con- 
 trary, &c. 
 
 2. Collector not having his Name on Tollhouse. (4 Geo. 4, c. 95, Id. Offence 2. 
 s. 30.)] Proceed to the asterisk* in Form No. 1, then : did not place 
 
 or cause to be placed on the front of the tollhouse of the said gate, at 
 which he the said A. B. was then stationed, his Christian name and sur- 
 name painted in black on a board with a white ground, contrary, &c. 
 
 3. Demanding greater or less Toll than authorized. (Id. s. 30.)] Pro- Id. Offence 3. 
 ceed to the asterisk* in Form No. 1, supra, and then : did then and there 
 
 demand and take the sum of from one [or the said] C. D. for the 
 
 toll of a horse on which the said C. D. was then and there riding, 
 
 [or for the toll of a waggon drawn by two horses which the said 
 C. D. was then and there driving, or as the case may be~\, 
 
 the said sum being a greater [or less] toll, to wit, , greater [or less] 
 
 than what he the said A. B. was then and there authorized to demand and 
 take by virtue of the powers of any act of parliament, or of the orders 
 and resolutions of the trustees or commissioners made in pursuance of the 
 powers of any such act, contrary, &c. 
 
 4. Taking Toll from a Person exempt. (Id.)] Proceed to the aste- jj. Offence 4. 
 risk* in Form No. 1, supra, then : did then and there demand and take 
 
 from one [or the said] C. D. the sum of , as and for the toll of a horse 
 
 and cart, of which the said C. D. was then and there the driver on the 
 said turnpike road, the said C. D. being then and there exempt from the 
 payment of such toll by reason of [here set out the ground of exemption], 
 and the said C. D. then and there duly claiming the said exemption, con- 
 trary, &c. 
 
 5. Refusing to permit or hindering a Person reading the Inscription on Id. Offences 
 Board. ( Id. s. 30.)] Proceed to the asterisk* in Form No. 1, supra, and 5, 6. 
 
 then : did refuse to permit [or suffer] one [or the said] C. D. to read
 
 186 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 
 2nd ed. p. 220. 
 
 Id. Offence 7- 
 
 Id. Offence 8. 
 
 Id. Offence 9. 
 
 Id. Offence 10. 
 
 Id. Offence 11. 
 
 [or did hinder, by then and there , one [or the said] C. D. from 
 
 reading] 
 
 a certain inscription on the board, purporting to contain the Christian and 
 surname of the said A. B., then and there placed on the front of the toll- 
 house at which the said A. B. was then and there stationed, contrary, &c. 
 
 6. Refusing to tell his Name. (Id. s. 30.)] Proceed to the asterisk* 
 in Form No. 1, supra, then : did then and there refuse to tell his Christian 
 and surname to one [or the said] C. D., who then and there demanded 
 the same, on the said C. D. then and there paying the said A. B. the sum 
 of as and for the toll of a horse [or as the case may be], contrary, &c. 
 
 7. Giving a false Name. (Id. s. 30.)] Proceed to the asterisk* in 
 Form No. 1, supra, then: did then and there give a false Christian and 
 surname, to wit, the name of E. F. in answer to a demand then and there 
 made by one [or the the said] C. D. for the said A. B. to tell him his 
 Christian and surname, and which demand was made by the said C. D. 
 
 on his then and there paying the said A. B. the sum of as and for 
 
 the toll of a horse on which the said C. D. was then and there riding, 
 contrary, &c. 
 
 8. Refusing to give a Ticket. (Id. s. 30.)] Proceed to the asterisk* 
 in Form No. 1, supra, and then : did then and there refuse [or omit] to 
 give to one [or the said] C. D. a ticket denoting the payment of the sum 
 
 of , then and there paid by tbe said C. D. to the said A. B. as and 
 
 for the toll for a horse and gig, and naming and specifying the tollgate at 
 which such ticket had been delivered, and the tollgate (if any) freed by 
 such payment, as the said A. B. should and ought to have done, con- 
 trary, &c. 
 
 9. Detaining Passenger after paying Toll. (Id. s. 30.)] Proceed to 
 the asttrisk* in Form No. 1, supra, and then : upon the legal toll, to wit, 
 
 , being then and there paid [or tendered] to him as and for the toll 
 
 of a horse on which one [or the said] C. D. was then and there riding on 
 the said turnpike road, did then and there unnecessarily detain [or wil- 
 fully obstruct, hinder or prevent] the said C. D. from passing through the 
 said turnpike gate for a long time, to wit, half-an-hour, by then and there 
 [set forth the obstruction], contrary, &c. 
 
 10. Using abusive Language to Trustee or Passenger. (Id. s. 30.)] 
 Proceed to the asterisk* in Form No. 1, supra, then: did then and 
 there make use of scurrilous and abusive language to one [or the said] 
 C. D., being then and there one of the trustees [or commissioners] of the 
 said road, 
 
 [or a traveller, or passenger], 
 
 who was then and there passing on the said turnpike road, by then and 
 there [here describe the words used], contrary, &c. 
 
 11. General Forms to be used in enforcing the Conviction (No. 39 
 (I. 1), ante, p. 38]; Distress Warrant, &c., No. 53 (N. 1) 58, 
 pp. 5052. 
 
 12. Complaint against Lessee or Farmer of Tolls for Penally incurred 
 by Toll Collector who absconds after Conviction.' (3 Geo. 4, c. 126, 
 
 s. 54.)] that A. B., of &c. was on the day of instant duly 
 
 convicted before me the said justice, for that he the said A. B., then 
 being [Sfc., state offence as in either of the Forms No. 1 10 applicable],
 
 CHAP. II.] 
 
 TURNPIKE ROADS. 
 
 187 
 
 and was by me adjudged to forfeit and pay the sum of , and also the Oke's Synop. 
 
 sum of for costs : that the said A. B. hath since his said conviction 2nd ed. p. 220. 
 
 absconded and absented himself so as not to be found : that C. D. of 
 
 is the lessee [or farmer] of the tolls of the said gate, under whom 
 
 the said A. B., at the time of committing the offence aforesaid, acted. 
 
 13. The like, where Toll Collector absconds before Conviction. (Id.)] 
 
 that A. B., of &c., did, on the day of , at the parish of , 
 
 in the county of , then being [state offence as in either of the fore- 
 going Forms No. 1 10 applicable], and thereby incurred the penalty 
 
 of : that the said A. B. hath since, to wit, on the day of 
 
 instant, absconded and absented himself, and still absents himself, and is 
 not to be found : that C. D., of &c., is [conclude as in No. 12.] 
 
 14. Summons thereon.] This will be in the General Form No. 8 (A.), 
 ante, p. 26, reciting the Complaint No. 12 or 13, supra. 
 
 15. Order on Lessee or Farmer for Payment of Penalty. (Id. s. 54.)] 
 This will be in the Form No. 44 (K. 1), ante, p. 42, enforced by Dis- 
 tress Warrant, &c. No. 66 (N. 2) 71, ante, p. 5759. 
 
 II. OFFENCES AS TO TOLLS. 
 
 16. Unloading at Gate. (3 Geo. 4, c. 126, s. 20.)] did unload and Id. p. 224. 
 
 cause to be unladen certain goods [or wares, or merchandize], to wit, , Offence 22. 
 
 from a certain cart [or waggon, or carriage] then and there being on a 
 
 certain turnpike road there situate called [and if the owner, say : 
 
 and of which said cart the said A. B. was then the owner], at [or before 
 
 the same came to] a certain turnpike gate, called the gate, 
 
 [or a certain weighing machine] 
 
 there erected by virtue of an act made for the repair of the said turnpike 
 road, in order then and there to avoid the payment of the duties then and 
 there payable for overweight, contrary, &c. 
 
 17. Loading after passing Gate. (Id. s. 20.)] did load [or lay] Id. Offence 23. 
 upon a certain cart [or waggon, or carriage], then and there being on a 
 
 certain turnpike road there situate, called [and if the owner, say, 
 
 and of which said cart the said A. B. was then the owner], after the 
 
 same had passed a certain turnpike gate, called the gate, 
 
 [or a certain weighing machine] 
 there erected by virtue of an act made for the repair of the said turnpike 
 
 road, certain goods [or wares, or merchandize], to wit, , then and 
 
 there taken [or unladen] from a certain other cart [or horse, or car- 
 riage] there belonging to [or hired, or borrowed by] the said A. B., in 
 order then and there to avoid the payment of the duties then and there 
 payable for overweight, contrary, &c. 
 
 18. Unloading to pay less Toll. (Id. s. 20.)] did unload certain Id. Offence 24. 
 goods [or wares, or merchandize], to wit, , from a certain cart [or 
 
 waggon, or carriage] [and if the owner, say, of which the said A. B. was 
 then and there the owner], then and there being on a certain turnpike 
 
 road there situate called , in order to carry considerable quantities of 
 
 goods, to wit, , through a certain turnpike gate [or weighing machine] 
 
 there, called , on one and the same day, and thereby pay less toll at 
 
 such turnpike gate [or weighing machine] than would have been paid if 
 such goods [or wares, or merchandize] had not been so unladen, con- 
 trary, &c.
 
 188 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's SvnoD 19t Driver not waiting for other Carriages to be weighed. (Id. s. 20.)] 
 
 2nd ed p 224 then being the driver [and owner, if so] of a certain waggon [or cart] 
 
 Offence 25. ' n a certain turnpike road there situate, called ,* did not then and there 
 
 wait a reasonable time, to wit, minutes, whilst a certain carriage of 
 
 one [or the said] C. D., the complainant, was being weighed at a certain 
 weighing engine there, and which said last-mentioned carriage had come 
 to the said weighing engine before the said waggon [or cart] of which 
 the said A. B. was then and there the driver, in order then and there to 
 avoid [or evade] the weighing of such waggon, contrary, &c. 
 
 Id. Offence 26. 20 - Refusing to remove from Weighing Machine. (Id. s. 30.)] 
 Proceed to the asterisk* in Form No 19, supra, then: did then and 
 there refuse [or delay] to remove [or drive] the said waggon [or cart] 
 from a certain weighing machine there, in order by such refusal [or 
 neglect] then and there to impede [or delay] the weighing of a certain 
 other waggon [or cart], to wit, of one [or the said] C. D., then and 
 there being on the said turnpike road, contrary, &c. 
 
 Id. Offence 27. 21. Turning out of Road. (Id. s. 20.)] Proceed to the asterisk* in 
 Form No. 1 9, supra, then : did then and there turn [or drive] out of the 
 said road, in order then and there to avoid [or evade] the weighing of 
 the said waggon [or cart], contrary, &c. 
 
 Id. p. 226, 22. Going off Road. (Id. s. 41.)] did with a certain horse [or 
 
 Offence 28. cattle, beast, or carriage] go off [or pass from] a certain turnpike road 
 
 there situate, called , through [or over] certain land [or ground] 
 
 near [or adjoining thereto], such land not being a public highway, and 
 the said A. B. not being then and there the owner or occupier, or ser- 
 vant, or one of the family of the owner or occupier of such land [or 
 ground], with intent then and there to evade the payment of the toll, to 
 wit, the sum of , then and there payable under the act of parlia- 
 ment for the repair of the said road, contrary, &c. 
 
 Id. Offence 29. 23. Owner or Occupier permitting Person to go over Land. (Id. 
 s. 41.)] then being the owner [or occupier] of certain land [or ground] 
 
 near [or adjoining] to a certain turnpike road there situate, called , 
 
 did then and there knowingly and willingly permit [or suffer] one E. F., 
 with a certain waggon [or cattle, beast, or carriage] to go [or pass] 
 through [or over] such land, the said land not being a public highway, 
 and the said E. F. not being then and there the owner or occupier, or the 
 servant, or one of the family of the owner or occupier of such land [or 
 ground], with intent then and there to evade, &c. [conclude as in No. 22, 
 supra.] 
 
 Id. Offences 30, 24. Giving or receiving Tickets from other Persons than Collectors. 
 (Id. s. 41.)] did gire to [or receive from] one E. F., 
 
 [or some person unknown], 
 
 the said E. F. [or such person unknown] not being then and there 
 collector of the tolls at a certain turnpike gate [or weighing machine] 
 
 there called , on a certain turnpike road there situate called , a 
 
 certain note [or ticket] directed to be given by the collector of tolls at 
 the said gate, with intent then and there to evade, &c. [conclude as in 
 No. 22, supra.] 
 
 Id. Offence 32. 2i >- Forging or altering Ticket. (Id. s. 41.)] did forge [or counterfeit 
 or alter] a certain note [or ticket] directed to be given by the collector 
 of tolls at a certain turnpike gate [or weighing machine] there called
 
 CHAP, ii.] TURNPIKE ROADS. 189 
 
 , on a certain turnpike road there situate called , and which Oke's Synop. 
 
 said note [or ticket] so forged is in the words and figures following, that 2nd ed. p. 226. 
 
 is to say [copy it verbatim], 
 
 [or where altered, say, and which said note [or ticket] so altered is 
 in the words and figures following, that is to say [copy it 
 verbatim], the words and figures not having been in the 
 note [or ticket] given by such collector], 
 
 with intent then and there to evade, &c. [conclude as in No. 22, supra.~\ 
 
 26. Fraudulently, $c. passing through Gate. (Id. s. 41.)] didfraudu- Id. Offence 33. 
 lently [or forcibly] pass through a certain toll gate there called , on a 
 
 certain turnpike road there situate, called , with a horse [or cattle, 
 
 beast or carriage], on which the said A. B. was then riding, without pay- 
 ing the toll, to wit, the sum of , then and there payable for the said 
 
 horse, by reason whereof the payment of the said toll was then and there 
 avoided, contrary, &c. 
 
 27. Leaving Horse upon Road. (Id. s. 41.)] did leave upon a Id. Offence 34. 
 certain turnpike road there situate called , a certain horse [or cattle, 
 
 beast or carriage] on which the said A. B. was then previously riding [or 
 as the case may be~], by reason whereof the payment of certain toll, to wit, 
 
 the sum of , payable at a certain toll gate on the said road, called 
 
 , was thereby avoided, contrary, &c. 
 
 28. Taking off Horse. (Id. s. 41.)] did take off [or cause to be Id. Offence 35. 
 taking off ] a certain horse [or beast or cattle, to wit, two oxen] from a 
 
 certain carriage, to wit, a waggon, then and there being on a certain 
 
 turnpike road there situate called , before having passed through a 
 
 certain toll gate there called , whereby the payment of the toll, to 
 
 wit, the sum of , then and there payable at the said toll gate, was 
 
 then and there evaded, contrary, &c. 
 
 29. Adding another Horse. (Id. s. 41.)] after having passed through Id. Offence 36. 
 a certain toll gate called , on a certain turnpike road there situate 
 
 called : , with a certain waggon then drawn by two horses, and 
 having paid at such gate the toll payable in respect of a waggon drawn 
 by two horses only, did afterwards, to wit, on the day last aforesaid, and 
 whilst the said waggon was passing along the said turnpike road, put 
 another horse to the said waggon, and did then and there draw therewith 
 upon the said turnpike road, so as to increase the number of horses 
 drawing the said waggon after the same had passed through the said toll 
 
 gate, whereby the payment of part of the toll, to wit, the sum of 
 
 then and there payable at the said toll gate, was then and there evaded, 
 contrary, &c. 
 
 30. Doing any oilier Act to evade. (Id. s. 41.)] did [here describe Id. Offence 37. 
 the act with particularity], with intent then and there to evade the pay- 
 ment of the toll, to wit, the sum of , then and there payable at a 
 
 certain toll gate [or weighing machine], there on a certain turnpike road 
 there situate, and whereby the payment of the said toll was then and 
 there evaded, contrary, &c. 
 
 31. Fraudulently claiming or taking E tempt ion tinder General Act. id pp 226 228 
 (Id. s. 36.)] did claim [or take] the benefit of an exemption from the Offences 38 39.' 
 toll, to wit, the sum of , then payable at a certain toll gate there 
 
 called , on a certain tunipike road there situate called , in re- 
 spect of a horse which the said A. B. was then and there riding [or as Ike
 
 190 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. case may be] on the said turnpike road, by certain fraudulent [or 
 2nd ed. pp. collusive] means then and there made use of by the said A. B., to wit, 
 226, 228. I here describe the particular means, as by then and there fraudulently pre- 
 
 tending to the said C. D., the collector of tolls at the said gate, that the 
 said A. B. was then and there going to his proper parochial church, 
 whereas the said A. B. was^iot in fact then and there going to the said 
 church], and the said A. B. was not then and there entitled to such ex- 
 emption, contrary, &c. 
 
 Id. p. 228. 32. Claiming Exemption under a Local Act. (9 Geo. 4, c. 77, s. 17.)] 
 
 Offence 40. This will be the same as No. 31, supra, but concluding, " contrary to 
 
 the statute made in the ninth year of the reign of his late Majesty King 
 
 George the Fourth, intituled ' An Act to amend the Acts for Regulating 
 
 Turnpike Roads.' " 
 
 Id. Offence 41. 33. Refusing Weighing of Carriage. (3 Geo. 4, c. 126, s. 22.)] 
 then being the owner [or driver] of a certain loaded waggon [or cart or 
 
 carriage] on a certain turnpike road there situate, called ,* did then 
 
 and there refuse to allow the same to be weighed at a certain weighing 
 machine there, although the said A. B. was then and there lawfully 
 required so to do, and the said waggon [or as the case may be] was not 
 then and there weighed, contrary, &c. 
 
 Id. Offence 42. 34. Resisting Tollkeeper in Weighing. (Id. s. 22.)] Proceed to the 
 asterisk* in Form No. 33, supra, then: did then and there resist one 
 [or the said] C. D., being then and there the gatekeeper [or toll collector], 
 in weighing the said waggon [or as the case may be], at a certain weighing 
 machine there, by then and there [describe the resistance], contrary, &c. 
 
 Id. Offence 43. 
 
 Id. Offence 44. 
 
 Id. Offence 45. 
 
 35. Evading Measurement of Wheels. (Id. s. 11.)] Proceed to the 
 asterisk* in Form No. 33, supra, then: did then and there turn [or 
 drive] out of the said road, in order then and there to avoid [or evade] 
 the measuring of the wheels of such waggon [or as the case may be], con- 
 trary, &c. 
 
 36. Refusing Measurement of Whtels, fyc. (Id. s. 11.)] Proceed to 
 the asterisk* in Form No. 33, supra, then : did then and there refuse to 
 allow the wheels of such waggon [or as the case may be] to be measured, 
 and the construction thereof examined, although the said A. B. was then 
 and there required so to do by one [or the said] C. D., a collector of 
 tolls on the said road [or as the case may be], and the said wheels were 
 not then and there measured and the construction thereof examined, con- 
 trary, &c. 
 
 37. Attempting to pass before Measurement, if required. (Id. s. 11.)] 
 Proceed to the asterisk * in Form No. 33, supra, then : did then and 
 there attempt to pass through a certain toll gate [or bar] there called 
 
 , before the wheels of the said waggon [or as the case may be] had 
 
 been measured and the construction thereof examined, such measurement 
 and examination having been required by one [or the said] C. D., who 
 was then and there the lessee of the tolls on the said road, 
 
 [or a trustee or commissioner or [the deputy of] the collector of the 
 
 tolls of the said road], 
 [or a person acting by the authority of the trustees or commissioners 
 
 or lessee of the tolls of the said road], 
 contrary, &c.
 
 CHAP, ii.] TURNPIKE ROADS. 191 
 
 38. Obstructing Collector in making Measurement. (Id. s. 11.)] Oke's Synop. 
 Proceed io the asterisk* in Form No. 33, ante, then: did then and 2nd ed. p. 228. 
 there hinder [or obstruct] one [or the said] C. D., being then and there Offence 46. 
 the lessee of the tolls on the said road, 
 
 [or a trustee or commissioner, or [the deputy of] the collector of the 
 
 tolls of the said road], 
 [or a person acting by the authority of the trustees or commissioners, 
 
 or lessees of the tolls of the said road], 
 
 in measuring the wheels of the said waggon [or as the case may be~\, and 
 in examining the construction thereof, by then and there [describe the 
 hinderance and obstruction], such measurement and examination having 
 been then and there required by the said C. D., contrary, &c. 
 
 39. Passing without Paying Toll. (Id. s. 139.)] did pass through Id. Offence 47 
 a certain turnpike gate [or rail, chain or fence], called , there set up 
 
 by authority of parliament, on a certain turnpike road there situate, 
 
 called , without then and there paying the toll, to wit, the sum of 
 
 , appointed to be paid at such gate [or rail, chain, or fence], in 
 respect of a certain cart drawn by two horses, which the said A. B. was 
 then and there driving on the said road, contrary, &c. 
 
 40. Complaint against Owner for Recovery of Penalty incurred by his 
 Driver, who has absconded. (4 Geo. 4, c. 95, s. 73.)] that A. B. of &c. 
 did, on the day of , at the parish of , in the said county of 
 
 , then being the driver, &c. [state offence as in either of the Forms 
 preceding No. 16 39], whereby the said A. B. hath incurred the penalty 
 
 of ; that the said A. B. had since, to wit, on the day of , 
 
 absconded and absented himself, and is not now to be found, and that 
 C. D. of, &c. was then and is now the owner of the said waggon [or as 
 the case may be.~\ 
 
 41. Summons thereon to the Owner. (Id.)] This will be in the 
 General Form No. 8 (A.), ante, p. 26, reciting the Complaint No. 40, 
 supra. 
 
 42. Order thereon on Owner for Payment of Penalty incurred by 
 Driver. (Id.)] This will be in the General Form No. 44 (K. 1), ante, 
 p. 42, adapted to the. Complaint No. 40, supra, but instead of the adjudica- 
 tion there, say and now having heard the matter of the said complaint, 
 and on an examination of the circumstances, and having duly ascertained 
 that such offence was so committed by the said A. B. as aforesaid, 
 and the said C. D. not producing the said A. B., I do adjudge that if the 
 said C. D. do not within ten days produce the said driver A. B., he 
 the said C. D. shall pay to Messieurs I., G. and B., the clerks to the 
 justices of this division, the said penalty so incurred by the said A. B. as 
 aforesaid, forthwith thereafter, and also to pay to the said E. F. the com- 
 plainant, &c. [conclude as in Order No. 44.] 
 
 43. The Forms for enforcing the Order No. 42, supra, will be the 
 General Forms of Distress Warrant, &c. No. 66 (N. 2) 71, ante, pp. 57 
 59. 
 
 44. General Forms to be used in enforcing the Conviction (No. 39 
 (1. 1), ante, p. 38]; Distress Warrant, &c. No. 53 (N. 1) 58, pp. 50 
 52.
 
 192 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. HI. OFFENCES BY DRIVERS, OWNERS, &c. 
 
 2nd ed. p. 228. [Vide other offences under Branch " II. Offences as to Tolls," ante.] 
 Offence 48. ^ Riding upon Footpath. (3 Geo. 4, c. 126, s. 121.)] did with a 
 
 certain horse, on which he was then and there riding, ride upon a certain 
 footpath [or causeway] by the side of a certain turnpike road there situate, 
 
 called } made and set apart for the use and accommodation of foot 
 
 passengers, contrary, &c. 
 
 Id. Offence 49. 46. Driving or Leading on Footpath. (Id. s. 121.)] did lead [or 
 drive] a certain horse [or ass, mule, swine, or cattle, or carriage, or wheel- 
 barrow, truck or sledge, or the single wheel of a certain waggon, cart or 
 carriage, apart therefrom], upon a certain footpath [or causeway], by the 
 
 side of a certain turnpike road there situate, called , made and set 
 
 apart for the use and accommodation of foot passengers, contrary, &c. 
 
 Id. Offence 50. 47. Damaging Footpath or Fences. (Id. s. 121.)] did cause certain 
 injury and damage to be done to a certain footpath [or causeway], 
 
 [or to the hedge or post, rail, or fence of a certain footpath or 
 causeway], 
 
 by the side of a certain turnpike road there situate, called , made and 
 
 set apart for the use and accommodation of foot passengers, by then and 
 there [describe the damage], and thereby doing injury to the amount of 
 , contrary, &c. 
 
 Id. p. 230. 
 Offences 51 
 53. 
 
 48. Driving upon or damaging or using Footpath to the Prejudice and 
 Annoyance of Passengers. (7 & 8 Geo. 4, c. 24, s. 16.)] did injure [or 
 damage, encumber, ride upon, drive upon or use] a certain public footpath 
 [or causeway], called , by the side of and adjacent to a certain turn- 
 pike road there situate, called , to the prejudice [or annoyance or per- 
 sonal danger] of one [or the said] C. D., then and there travelling thereon, 
 by then and there \_here describe the particular act], contrary, &c. 
 
 Id. Offence 55. 49. Owner not having Name, fyc. on Waggon. (4 Geo. 4, c. 95, 
 s. 15.)] then being the owner of a certain waggon [or wain, cart or 
 carriage], did then and there use the said waggon, 
 [or allow the said waggon to be used], 
 
 on a certain turnpike road there situate, called , without the Christian 
 
 name and surname, and place of abode of the said A. B., or the Christian 
 name, surname, and place of abode of the principal partner or owner 
 thereof, being then painted thereon in one or more straight line or lines 
 upon any conspicuous part of the right or offside of the said waggon, or 
 upon the offside shaft thereof, at full length, in large legible letters, not 
 less than one inch in height, contrary, &c. 
 
 Id. Offence 56. 50. Painting fie titious Name on Waggon. (Id. s. 15.)] then being 
 the owner of a certain waggon [or wain, cart or carriage], did paint [or 
 cause to be painted] on the said waggon a false name, to wit, the name 
 of , contrary, &c. 
 
 Id. Offence 57. 51. Not using Skidpans. (3 Geo. 4, c. 126, s. 126.)] that whilst a 
 certain order, duly made by the trustees [or commissioners] of a certain 
 
 turnpike road there situate, called , at a meeting held on the 
 
 day of last, was in force, whereby it was ordered, that in all cases 
 
 where any waggon or cart should descend any hill or hills on the said 
 road with either of the wheels locked, a skidpan or slipper should be used 
 or placed at the bottom of such wheel, during the whole time of its being
 
 CHAP, ii.] TURNPIKE ROADS. 193 
 
 so locked, in such manner as to prevent the said road from being destroyed Oke's Synop. 
 or injured by the locking of such wheel; and a copy of which said order 2nd ed. p. 230. 
 had been then affixed on all the turnpike gates standing on the said road, 
 
 for more than thirty days, to wit, on the day of , at the parish 
 
 of , in the said county of , A. B. of the parish of , in the 
 
 county aforesaid, acted as the driver of a certain waggon [or cart], down 
 a certain hill there, called Kenwyn Hill, on the said turnpike road, with 
 one of the wheels of the said waggon locked, and without then and there 
 using or having a skidpan or slipper at the bottom of such wheel, so as to 
 prevent the said road from being destroyed or injured by the locking of 
 the said wheel, contrary, &c. 
 
 52. Having Charge of Two Carts. (Id. s. 130.)] did act as sole Id. Offence 58. 
 driver of two carts, drawn by one horse each, on a certain turnpike road 
 
 there situate, called , the horse of the hinder cart not being then and 
 
 there attached by a rein or reins to the back of the cart which was then 
 and there the foremost, contrary, &c. 
 
 53. Driver under Thirteen Years of Age. (Id. s. 131.)] was the owner Id. Offence 59. 
 of a cart [or waggon] then and there travelling on a certain turnpike road 
 
 there situate, called , then and there driven by a person, to wit, one 
 
 E. F., who was not then and there of the full age of thirteen years, but 
 under that age, to wit, of the age of twelve years, contrary, &c. 
 
 54. Carriers' Dogs not fastened. (4 Geo. 4, c. 95, s. 76.)] then and Id. Offence 60. 
 there having the care of a certain waggon conveying goods for hire on a 
 
 certain turnpike road there situate, called , and then and there having 
 
 a dog attending him, did not chain [or fasten] the said dog, and had not 
 the same chained or fastened to the said waggon, contrary, &c. 
 
 55. General Forms to be. used in enforcing the Conviction (No. 39, 
 (I. 1), ante, p. 38), for either of the offences described in the Forms No. 
 4554, ante] ; Distress Warrant, &c. No. 53 (N. l)-58, ante, p. 5052. 
 
 56. Ridingupon Waggon without Guide. (3 Geo. 4, c. 126, s. 132.) (a)] Id - P- 232 . 
 
 then being the driver [and owner, if so] of a certain cart [or waggon] Offence 61. 
 
 on a certain turnpike road there situate, called ,* did then and there 
 
 ride upon the said cart [or waggon] on the said turnpike road, not having 
 then and there any other person on foot or on horseback to guide the 
 same, and the said cart not being such a light cart as is usually driven 
 with reins, and is then conducted by some person holding the reins of the 
 horse or horses drawing the same, contrary, &c. 
 
 57. Negligently causing Damage. (Id. s. 132.)] Proceed to the as- Id. Offence 62. 
 
 (a) It is generally supposed that a driver committing any of the offences under 
 sect. 132 of the 3 Geo. 4, c. 126, can be convicted on the " view of a justice" 
 alone, and frequently so acted upon ; but no such power is given, as will be seen 
 by these words of the 132d sect. referred to, which, after describing certain offences 
 (No. 61 69 >, enacts, that "every such driver so offending, and being convicted 
 of any such offence either by his own confession, the view of a justice of the 
 peace, or by the oath of a credible witness, before any justice of the peace 
 of the limit where such offence shall be committed, or where such offender shall 
 be apprehended, shall for every such offence forfeit, &c." So that the view of 
 a justice may in such a case be substituted for the usual proof on oath before 
 another justice. 
 
 O
 
 194 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. terisk * in Form No. 56, then : did then and there by negligence [or 
 
 2nd ed. p. 232. w jlf u l misbehaviour], to wit, {here describe it], cause certain hurt 
 
 [or damage] to one [or the said] C. D., then and there 
 
 [or to a certain carriage, to wit, a gig, then and there driven by one 
 
 [or the said] C. D. and] 
 
 passing [or being] upon such road, by then and there [describe the hurl or 
 damage], contrary, &c. 
 
 Id. Offence 63. 58. Quitting the Road. (Id. s. 132.)] Proceed to the asterisk* in 
 Form No. 56, then : did then and there quit the said road and go on the 
 other side of the hedge [or fence] inclosing the same, whilst the said car- 
 riage was then and there passing upon such turnpike road, so that he the 
 said C. D. could not have and had not then and there the direction and 
 government of the horse [or cattle] then and there drawing the same, 
 contrary, &c. 
 
 Id. Offence 64. 59. Being at improper Distance. (Id. s. 132.)] Proceed to the as- 
 terisk * in form No. 56, supra, then : was then and there wilfully at 
 
 such distance, to wit, yards from such carriage, 
 
 [or in such a situation,] 
 
 whilst the same was then and there passing upon the said turnpike road, 
 that he the said A. B. could not have, and had not then and there, the 
 direction and government of the horses [or cattle] then and there drawing 
 the same, contrary, &c. 
 
 Id. Offence 65. 60. Driving without Owner's Name. (Id. s. 132.)] did then and there 
 drive [or act as the driver of ] a certain waggon [or cart, postchaise, or 
 
 carriage let for hire, to wit, a , or wain], on a certain turnpike road 
 
 there situate, called , the said waggon [or as the case may be] not 
 
 having then and there the owner's name painted thei-eon as required by 
 the statute in that behalf, 
 
 [and if owner, say, and the said A. B. being then and there the owner 
 
 of the said ,] 
 
 contrary, &c. 
 
 Id. Offence 66. 
 
 Id. Offence 67. 
 
 Id. Offence 68. 
 
 61. Refusing to discover Owners Name. (Id. s. 132.)] then acting 
 as the driver [and being the owner, if so] of a certain waggon [or cart, 
 
 postchaise, or carriage let for hire, to wit, a , or wain], on a certain 
 
 turnpike road there situate, called , and the said waggon [or as the 
 
 case may be] not having then and there the owner's name painted thereon, 
 as required by the statute in that behalf, did then and there refuse to dis- 
 cover the true Christian name and surname of the owner or principal 
 owners of such carriage, although then and there required so to do, to 
 wit, by one [or the said C. D.] contrary, &c. 
 
 62. Not keeping proper side of Road. (Id. s. 132.)] then being the 
 driver [and owner, if so,] of a certain waggon [or cart, coach, or carriage, 
 
 to wit, a ], on a certain turnpike road there situate, called ,* 
 
 and then and there meeting another carriage, to wit, the gig of one [or 
 the said] C. D., did not then and there keep his said waggon [or as the 
 case may be] on the left or near side of the said road, contrary, &c. 
 
 63. Preventing Person passing. (Id. s. 132.)] Proceed to the asterisk * 
 in Form No. 62, supra, then .-did then and there wilfully prevent one 
 [or the said] C. D. from passing him [or the carriage under his care] on 
 such road, by then and there [describe the act done], contrary, &c.
 
 CHAP, ii.] TURNPIKE ROADS. 195 
 
 64. Hindering any other Carriage. (Id. s. 132.)] Proceed to the Oke's Synop. 
 asterisk,* in Form No. 62, supra, then : did then and there by negligence 2nd ed. p. 232. 
 [or wilful misbehaviour], to wit, by then and there [describe it], prevent Offence 69. 
 [or hinder, or interrupt,] the free passage on the said turnpike road of a 
 
 certain other carriage there, to wit, the gig of one [or the said] C. D., 
 [or free passage on the said turnpike road of one [or the said] C. D., 
 
 one of her majesty's subjects,] 
 contrary, &c. 
 
 65. The Complaint against owner for recovery of penalty incurred by 
 driver who absconds, and the order, SfC., under 4 Geo. 4, c. 95, s. 73, will 
 be the same as the Forms No. 40 43, ante, p. 191. 
 
 66. General Forms to be used in enforcing the Conviction (No. 40 (1. 2), 
 ante, p. 39)] ; Commitment No. 52 (O. 1), ante, p. 49. 
 
 IV. NUISANCES AND OTHER OFFENCES. 
 
 67. Damaging Bridge, Walls, Sfc. (3 Geo. 4, c. 126, s. 121.)]~did Id. Offence 70. 
 wilfully pull down [or damage] a certain bridge, called the bridge 
 
 [or a certain wall, or building, or erection, to wit, a ], then and there 
 
 made [or then and there repaired, or repairable] by the trustees [or com- 
 missioners] of a certain turnpike road there situate, called , by then 
 
 and there [describe the injury], and thereby doing damage to the 
 
 amount of , contrary, &c. 
 
 68. The like, under 4 Geo. 4, c. 95, s. 72.] did wilfully cause certain Id. p. 234. 
 
 damage and injury to be done to the of a certain bridge [or wall, or Offence 71. 
 
 building, or erection, to wit, a ,] there called the bridge, then 
 
 and there set up [or erected] by virtue of an act of parliament in that 
 behalf, on part [or by the side] of a certain turnpike road there situate, 
 
 called , by then and there [describe the injury], thereby doing damage 
 
 to the amount of , contrary, &c. 
 
 69. Hauling Timber, fa. on Road. (3 Geo. 4, c. 126, s. 121.)] did Id. Offence 72. 
 haul [or draw], and cause to be hauled [or drawn] upon part of a certain 
 
 turnpike road there situate, called , certain timber [or stone, &c.], to 
 
 wit, one piece of mahogany [or as the case may be], otherwise than upon 
 a wheeled carriage, to wit, upon a , contrary, &c. 
 
 70. Suffering Timber to trail. (Id. s. 121.)] did suffer certain Id. Offence 73. 
 timber [or stone, &c.], to wit, three elm trees [or as the case may be], 
 
 which were then and there carried principally [or in part] upon a wheeled 
 carriage, to wit, a waggon, to drag [or trail] upon a certain turnpike road 
 
 there situate, called , to the prejudice thereof, and thereby doing 
 
 damage to the said road to the amount of , contrary, &c. 
 
 71. Injuring Surface by Tipsticks, fyc. (Id. s. 121.)] -did use a tip- Id. Offence 74. 
 stick [or joggle, or instrument, to wit, a ,] for the purpose of then 
 
 and there retarding the descent of a certain cart [or carriage, to wit, a 
 
 ,] down a hill there in such manner as then and there to disturb [or 
 
 destroy] and injure the surface of a certain turnpike road there situate, 
 
 called , and thereby doing injury to the said road, to the amount of 
 
 , contrary, &c. 
 
 o2
 
 196 Summary Convictions and Orders. [PART I. 
 
 Oke'sSynop. 72. Slaughtering Beasts on Road. (Id. s. 121.)] did on a certain 
 2nd ed. p. 234. [or by the side of, or in a certain exposed situation, to wit, a field, 
 
 Offence 75. near to a certain] 
 
 turnpike road there situate, called , kill [or slaughter, singe, scald, 
 
 burn, dress, or cut up] a certain beast [or swine, calf, lamb, or cattle], to 
 wit, a cow [or pig, or as the case may be], contrary, &c. 
 
 Id. Offence 76. 73. Obstructing Passenger by projecting Bar, $c. (Id. s. 121.)] 
 
 then being the driver of a certain horse [or beast, to wit, a ,] on a 
 
 certain turnpike road there situate, called , then and there carrying 
 
 certain iron bars [or rod, basket, pannier, &c. or as the case may 6e], did then 
 and there place such bars [4'-]> so that part, to wit, three of the same bars 
 did project more than thirty inches from the side of such horse [or beast], 
 [or did then and there place such bars [4"c.] in such manner [de- 
 scribe the manner] as to obstruct and impede the passage of 
 persons [or a certain carriage, or beast, or horse, of one [or the 
 said] C. D., travelling along such turnpike road], 
 contrary, &c. 
 
 Id. Offence 77. 74. Encamping or pitching Stalls, SfC. (Id. s. 121.)] then being a 
 hawker [or higgler, or gipsey], travelling with a certain machine, to wit, 
 
 a [or vehicle, or cart, or carriage], with [or without] a horse [or 
 
 mule, or ass] did then and there pitch a certain tent [or booth, stall, or 
 stand, or encamp] upon [or by the side of] a certain turnpike road there 
 situate, called , contrary, &c. 
 
 Id. Offence 78. 75. Blacksmiths' Shops. (Id. s. 121.)] then being the occupier of a 
 blacksmith's shop, situate near to a certain turnpike road there situate, 
 
 called , and the said shop then and there having a window [or two 
 
 windows] fronting the said road, did not then and there, by good and 
 close shutters, on the evening of the said last-mentioned day, after it had 
 become twilight, bar and prevent the light from such shop shining into 
 [or upon] the said road, contrary, &c. 
 
 Id. Offence 79. 76. Making Bonfires. (Id. s. 121.)] did make [or assist in making] 
 a fire, commonly called a bonfire, within eighty feet of the centre of a 
 certain turnpike road there situate, called , contrary, &c. 
 
 Id. Offence 80. 77. Letting off fireworks. (Id. s. 1 21.)] did set fire to 
 [or did wantonly let off], 
 [or did wantonly throw], 
 
 a certain squib [or rocket, serpent, or firework, to wit, a cracker,] within 
 eighty feet of the centre of a certain turnpike road there situate, called 
 , contrary, &c. 
 
 Id. Offence 81. 78. Baiting Bull. (Id. s. 121.)] did bait [or run for the purpose of 
 baiting] a certain bull there, upon], 
 
 [or on the side of, or in an exposed situation, .to wit, a field, near] 
 
 a certain turnpike road there situate, called , to the annoyance of 
 
 passengers on such road, contrary, &c. 
 
 Id. p. 236. 
 Offence 82. 
 
 Id. Offence 83. 
 
 79. Playing at Game. (Id. s. 121.)] did then and there play at 
 
 football [or tennis, fives, cricket, or a certain game, to wit, ,] upon 
 
 &c. [conclude as in No. 78]. 
 
 80. Leaving Cart, SfC. on Road for unreasonable Time. (Id. s. 121.)] 
 did leave a certain waggon [or wain, or carriage,] upon [or on the side
 
 CHAP, ii.] TURNPIKE ROADS. 197 
 
 of] a certain turnpike road there situate, called , without any person Oke's Synop. 
 
 [or any proper person] in the sole custody and care thereof for a longer 2nd ed. p. 236. 
 
 time than was then and there neceesary to load [or unload] the same, to 
 
 wit, hours, and no accident having then and there happened to the 
 
 said waggon, 
 
 [or if an accident, say : for a longer time than was then and there 
 
 necessary to remove the same, to wit, hours after an 
 
 accident, to wit, , had then and there happened to the said 
 
 wag 
 
 contrary, &c. 
 
 81. Not placing Cart, SfC. at side during unloading, $c. (Id. s. 121.)] W. Offence 84 
 did not place a certain waggon [or wain, or carriage] of which he was 
 
 then and there the driver, on a certain turnpike road there situate, called 
 , during the time of loading [or unloading] the same, [or taking re- 
 freshment], as near to either side of the said road as conveniently might 
 be, but on the contrary thereof did then and there place the said waggon 
 "or as the case may be,~\ within a short distance, to wit, twelve feet, from 
 e centre of the said road, contrary, &c. 
 
 82. Laying Dung, $c. on. (Id. s. 121.)] did lay a certain quantity Id. Offence 85. 
 of timber [or stone, hay, straw, dung, manure, soil, ashes, rubbish, or 
 
 matter], to wit, loads of , upon 
 
 [or on the side of, or in the footpaths or causeways adjoining], 
 
 a certain turnpike road there situate, called , to the prejudice of the 
 
 said road [or footways], 
 
 [or to the prejudice, or annoyance, or interruption, or personal 
 
 danger, of one, or the said, C. D., then travelling thereon], 
 contrary, &c. 
 
 83. Suffering Filth, $c. to flow on. (Id. s. 121.)] did suffer certain Id. Offence 86. 
 water [or filth, dirt, or offensive matter], to wit, , to run [or flow] 
 
 into [or upon] a certain turnpike road [or footpath] by the side of a cer- 
 tain turnpike road there situate, called , from a certain house [or 
 
 building, erection, lands, or premises,] adjacent to such road, to wit, a 
 , then and there in the occupation of the said A. B., contrary, &c. 
 
 84. Swine damaging. (Id. s. 121.)] then being the driver of certain Id. Offence 87. 
 pigs, to wit, thirty pigs, upon a certain turnpike road there situate, called 
 
 , did then and there suffer such pigs to root up [or damage] the said 
 road, 
 
 [or the fences, hedges, banks, or copse, on one of the sides of the 
 
 said road], 
 and thereby doing injury to the amount of , contrary, &c. 
 
 85. Leaving Block Stones, Sfc. (Id. s. 121.)] after having then and Id. Offence 88. 
 there blocked [or stopped] a certain cart [or waggon, or carriage,] which 
 
 the said A. B. was then and there driving, in going up a hill there [or 
 
 rising ground], on a certain turnpike road there situate, called , did 
 
 then and there suffer to remain and be on the said road the stone [or 
 thing] with which the said cart [or as the case may be] had been then 
 and there so blocked [or stopped], contrary, &c. 
 
 86. Damaging Lamp-post, SfC. (Id. a. 121.)] did pull down [or Id. Offence 89. 
 damage, injure or destroy] a certain lamp [or lamp-post] then and there
 
 198 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. put up [or erected or placed] in [or near the side of] a certain turnpike 
 2nd ed. p. 236. road, 
 
 [or near the side of a certain tollhouse, called , erected on a 
 
 certain turnpike road] 
 
 there situate, called , by then and there throwing a at the 
 
 same and breaking part of the glass thereof [or as the case may be], and 
 thereby doing damage to the amount of , contrary, &c. 
 
 Id. Offence 90. 87. Extinguishing Light of Lamp. (Id. s. 121.)] did wilfully extin- 
 guish the light of a certain lamp then and there put up [or erected or 
 placed] in [or near to the side of] a certain turnpike road, 
 
 [or near the side of a certain tollhouse, called , erected on a 
 
 certain turnpike road], 
 there'situate, called , contrary, &c. 
 
 Id. Offence 91. 88. Damaging Table of Tolls. (4 Geo. 4, c. 95, s. 72.)] did wilfully 
 pull down [or break, injure or damage] a certain table of tolls then and 
 
 there put up [or fixed] at a certain tollgate [or bar] called , thereon, 
 
 part of a certain turnpike road there situate, called , by then and 
 
 there [describe the damage], contrary, &c. 
 
 Id. Offence 92. 89. Obliterating Inscriptions, 6>-c. thereon. (Id. s. 72.)] did wilfully 
 [or designedly] deface [or obliterate] part of the inscription [or letters, 
 
 figures or marks], to wit, , then and there being on a certain table of 
 
 tolls [4~c. conclude as in No. 88.] 
 
 Id. p. 238. 90. Breaking Posts, Fences, 4r. (Id. s. 72.)] did wilfully pull up 
 
 Offence 93. [or throw down, break, injure or damage] certain posts [or rails or fences], 
 to wit, four posts, then and there put up by order of the trustees [or com- 
 missioners, or the surveyor or surveyors] of a certain turnpike road there 
 
 situate, called , by the side of the said road, 
 
 [or at or near to a certain pit or quarry, then used, opened or made, 
 for the getting of stones, or gravel or materials for the purposes 
 of the said road], 
 in order to prevent accidents, contrary, &c. 
 
 Id. Offence 94. 91. ObstructingWatercourse by Rubbish, 4'c. (Id. s. 72.)] did cast 
 [or throw] a certain quantity, to wit, one barrowful of earth [or rubbish, 
 or matter] into a certain drain [or ditch, culvert, tunnel, or watercourse] 
 before then made by virtue of an act of parliament in that behalf, so as 
 then and there to obstruct the water from running [or draining] off a 
 certain turnpike road there situate, called , contrary, &c. 
 
 Id. Offence 95. 
 
 Id. Offence 96. 
 
 92. Scraping, Sfc. without Consent. (Id. s. 72.)] without being 
 thereto authorized by the surveyor [or surveyors] for the time being 
 acting under any act of parliament, did then and there shovel up [or 
 scrape, gather, or carry away], a certain quantity, to wit, one barrowful 
 of stones [or gravel, sand, or materials, slutch, dirt, mire, drift, or soil] 
 from off a certain turnpike road [or off the footpath or causeway of a 
 certain turnpike road] there situate, called , contrary, &c. 
 
 93. Preventing another passing. (Id. s. 72.)] did wilfully prevent a 
 certain other person, to wit, one [or the said] C. D. from passing him the 
 said A. B. 
 
 [or from passing a certain carriage under the care of the said A. B.] 
 
 upon a certain turnpike road there situate, called , by then and there 
 
 [describe the act done], contrary, &c.
 
 CHAP, ii.] TURNPIKE ROADS. 199 
 
 94. Making Pits within Thirty Feet. (Id. s. 72.)] did there dig Oke's Synop. 
 [or make or use] a certain pit for sawing of timber [or wood] within 2nd ed. p. 238. 
 thirty feet of the centre of a certain turnpike road there situate, called Offence 97. 
 , the said pit not being then and there inclosed by a fence from the 
 
 said road, contrary, &c. 
 
 95. Not keeping Ditch, $c. Clean. (3 Geo. 4, c. 126, s. 113.)] Id. Offence 99. 
 then being the occupier of certain lands [or grounds] adjoining [or lying 
 
 near to] a certain turnpike road there situate, called , through which 
 
 the water hath used to pass from the said turnpike road, did not, after 
 ten days' notice to him in that behalf, duly given, open, cleanse and scour 
 a certain ditch [or watercourse, or drain] for such water to pass without 
 obstruction, as he the said A. B. should and ought to have done, but 
 therein made default, contrary, &c. 
 
 96. Encroachments Making Buildings. (Id. s. 118.)] did make Id. p. 240. 
 [or cause to be made] a certain dwelling-house [or building, to wit, a Offence 103. 
 cartlodge, or hedge, or fence, to wit, a batten fence] on [or at the side of] 
 
 a certain turnpike road there situate, called , so and in such manner 
 
 as to reduce the breadth and confine the limits of the said road, contrary, &c. 
 
 97. Filling up Ditch. (Id. s. 118,)] did fill up [or obstruct] acer- Id. Offence 104. 
 tain ditch, then and there being at the side of a certain turnpike road 
 
 there situate, called , by then and there [describe the acf], contrary, &c. 
 
 98. Building on Waste. (Id. s. 118.)] did make [or cause to be Id. Offence 105. 
 made] a certain dwelling-house [or building, to wit, a cottage, or hedge, 
 
 or fence, to wit, a batten fence], on certain common [or waste] land on 
 
 the side of a certain turnpike road there situate, called , within the 
 
 distance of thirty feet from the centre of the said road, and within three 
 miles from the market town of N. 
 
 [or within the distance of twenty-five feet from the centre of the said 
 
 road, and beyond the distance of three miles from any market 
 
 town], 
 contrary, &c. 
 
 99. Injuring Surface of. (Id. s. 118.)] did make a certain drain [or Id. Offence 106. 
 gutter, sink, or watercourse] across a certain turnpike road there situate, 
 
 called , so as thereby to break up and injure the surface of the said 
 
 road, 
 
 [or did break up or injure the surface of a certain turnpike road 
 
 there situate, called , by then and there [describe howl, 
 
 contrary, &c. 
 
 100. Turning Plough on Ground. (Id. s. 118.)] did then and there Id. Offence 107. 
 plough [or harrow, or break up], the soil of certain land [or ground] 
 
 there situate, called , 
 
 [or did in ploughing, or harrowing, or breaking up certain lands ad- 
 jacent, turn his plough, or harrow, in or upon certain land, or 
 ground], 
 
 within the distance of thirty feet from the centre of a certain turnpike road 
 
 there situate, called , and within three miles from the market town 
 
 ofN., 
 
 [or within the distance of twenty-five feet from the centre of a certain 
 
 turnpike road there situate, called , and beyond the distance 
 
 of three miles from any market town], 
 
 contrary, &c.
 
 200 
 
 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. 101. Making other Encroachments. (Id. s. 118.)] did make a certain 
 
 2nd ed. p. 240. encroachment on a certain turnpike road there situate, called , by 
 
 Offence 108. then and there [describe it], the said encroachment so then and there made 
 being within the distance [4-c., conclude as in Form No. 98, ante.] 
 
 Id. Offence 109. 102. Damaging Mile Stones, Direction Posts, $c. (Id. s. 119.)] did 
 wilfully break [or cut down, pull up, or damage], a certain post [or stone, 
 or board], then and there placed on [or near] the side of a certain turn- 
 pike road there situate, called , denoting the distance of such post [or 
 
 stone, or board], from the town [or village] of F., 
 
 [or denoting to what place certain crossings on the said road respec- 
 tively lead], 
 
 [or denoting and marking the boundaries of the parishes of S. and F.], 
 by then and there [describe how damage done], contrary, &c. 
 
 Id. Offence 110. 103. Obliterating Letters, Figures, $c. thereon. (Id. s. 119.)] did 
 wilfully obliterate [or deface, spoil, or destroy], certain letters [or figures, 
 or marks], to wit, , then and there inscribed [or painted] on a cer- 
 tain post [or stone, or post, or wall], then and there placed on, &c. [con- 
 clude as in Form No. 102, supra.] 
 
 Id. Offence 111. 104. Erecting Windmill. (Id. s. 127.)] did erect [or cause to be 
 erected] a certain windmill within the distance of two hundred yards from 
 
 a certain part, to wit, , of a certain turnpike road there situate, called 
 
 , contrary, &c. 
 
 105. The Conviction for the offences described in the foregoing Forms 
 (No. 67104) will be in the General Form No. 39 (I. 1), ante, p. 38, 
 with these variations in the adjudication, where necessary : 
 
 Damage.] to forfeit and pay the sum of [the penalty], over 
 
 and above the amount of the damage occasioned by the said 
 offence as aforesaid, and for the said damage so occasioned, the 
 further sum of , to be respectively paid, &c. 
 
 Removing Encroachment. (Offences 103 106.)] to forfeit and pay 
 
 the sum of [the penalty], and the further sum of , being 
 
 the expenses of removing the said encroachment as ascertained 
 by me the said justice, to be respectively paid, &c. 
 
 Penalty per Diem. (Offence 110.)] to forfeit and pay the sum of 
 twenty pounds, being after the rate of five pounds for every day 
 the said windmill was so continued on the said turnpike road 
 as aforesaid, to be paid, &c. 
 
 106. General Forms to be used in enforcing the last mentioned Convic- 
 tion]; Distress Warrant, &c. No. 53 (N. 1) 58, pp. 5052. 
 
 107. Poundbreach, Sfc. (3 Geo. 4, c. 126, s. 123; 4 Geo. 4, c. 95, 
 
 s. 75.)] that on the day of - , at the parish of , in the 
 
 said county of , one [or the said] C. D. did lawfully seize one horse 
 
 [or ass, pig, cow, or ox], the property of one E. F. [or of some person 
 unknown], then and there found straying about a certain turnpike road 
 
 there situate, called , not being such part of the said road as did then 
 
 and there lead, or pass through, or over any common or waste, or un- 
 enclosed ground; and that he, the said C. D., on the same day, for the 
 cause aforesaid, did impound the said horse [or as the case may be], so 
 
 Id. p. 242. 
 Offence 112, 
 113.
 
 CHAP, ii.] TURNPIKE ROADS VACCINATION. 201 
 
 found as aforesaid, in the common pound of the said parish of , being Oke's Synop. 
 
 the parish where the said [horse] was so found, 2nd ed. p. 242. 
 
 [or in , in the said parish of , being the place then and 
 
 there provided for such purpose by the trustees of the said road], 
 by virtue of the statute in such case made and provided; and that after- 
 wards, to wit, on the day of instant, at the parish of afore- 
 said, A. B. of, &c.* did release, [or attempt to release] the said [horse] 
 from the said pound, where the same was then and there impounded, 
 before the said [horse] had been discharged by due course of law, con- 
 trary, &c. 
 
 108. Damaging the Pound, SfC. (Id.)] proceed to the asterisk* in Id. Offences 
 Form No. 107, supra, then : "did pull down [or damage, or destroy] the 114, 115. 
 said pound [or place], 
 
 [or the lock or bolt belonging to the said pound or place, and with 
 
 which the same was then and there fastened], 
 
 wherein the said [horse] was then impounded, and before the same had 
 been discharged by due course of law, by then and there [describe the 
 injury], thereby doing damage to the amount of , contrary, &c. 
 
 109. Rescuing before Distress discharged. (Id. s. 123.)] that on the Id. Offences 
 
 day of last, at the parish of , in the said county of , 116, 117. 
 
 one [or the said] C. D , then being the collector of tolls at a certain toll- 
 gate called , on a certain turnpike road there situate, called , 
 
 did take and distrain one cow [or as the case may be], the goods of one 
 
 E. F., for the sum of , as and for the toll imposed on the said cow by 
 
 virtue of the act for repairing the said road, and which said sum the said 
 E. F. had neglected and refused to pay ; and that he, the said C. D., on 
 the same day impounded the said cow in the common pound of the said 
 
 parish of , as a distress for the cause aforesaid, and that afterwards, 
 
 to wit, on the day of instant, at the parish of aforesaid, 
 
 A. B. of, &c. did rescue [or release, or attempt to rescue, or release,] the 
 said cow from the said pound, before the distress so made as aforesaid had 
 been discharged by due course of law, contrary, &c. 
 
 110. General Forms to be used in enforcing the Conviction (No. 41 
 (I. 3), ante, p. 39), for the offences described in the Forms No. 107 
 109, supra]; Commitment for offence No. 48 (P. 1), ante, p. 46; and 
 for costs, Distress Warrant, &c. No. 49 (P. 3) 51, pp. 46 48. 
 
 111. Hindering or rescuing Goods distrained. (Id. s. 139.)] This Id. Offence 119. 
 may be easily drawn from the Form No. 50, tit. "Highways," ante, p. 130. 
 
 The Conviction, &c. for this will be as No. 105, 106, ante, p. 200. 
 
 VACCINATION. 
 
 1. Producing Small Pox. (3 & 4 Viet. c. 29, a. 8.)] did produce [or Id. p. 242. 
 attempt to produce] the disease of small pox in one E. F., by then and Offences 1, 2. 
 
 there inoculating the said E.F. with certain variolous matter, to wit, 
 
 [or by then and there wilfully exposing the said E. F. to certain va- 
 riolous matter, to wit, , or to certain matter, &c. impreg- 
 nated with variolous matter, to wit, ,] 
 
 contrary, &c.
 
 202 
 
 Summary Convictions and Orders. [PART I. 
 
 Oke's Synop. 2. The like, by other means. (Id.)] did wilfully, by certains means, 
 2nd ed. p. 242. to wit, by then and there [describe the means] produce the disease of small 
 Offence 3. pox in one E. F., contrary, &c. 
 
 3. General Forms to be used in enforcing the Conviction No. 41 (I. 3) 
 ante, p. 39] ; Commitment for offence No. 48 (P. 1), ante, p. 46 ; and 
 for costs, Distress Warrant, &c. No. 49 (P. 3) 51, ante, pp. 4648. 
 The Forms should describe the conviction to have taken place before the 
 justices " in petty sessions." 
 
 VAGRANTS (a). 
 
 I. Idle and Disorderly Persons. 
 II. Rogues and Vagabonds. 
 III. Incorrigible Rogues. 
 
 I. IDLE AND DISORDERLY PERSONS. 
 
 Id. p. 244. 1. Neglecting to maintain Family or Bastard Child. (5 Geo. 4, c. 83, 
 
 Offences 1,2. s. 3.)] then being a person able to work and thereby wholly 
 
 [or in part, to wit, by [describe his means'], to maintain himself and 
 
 his family, 
 or bastard child,] 
 
 did then and there wilfully neglect [or refuse] so to do, whereby himself 
 and his wife and children [or bastard child], whom he [she] was then 
 and there legally bound to maintain, did then and there become [and still 
 
 are, if so,] chargeable to the said parish of , [or to the common 
 
 fund of the N. union, in the counties of C. and S., pursuant to the sta- 
 tute in that behalf, (12 & 13 Viet. c. 103, s. 3,)] contrary, &c. 
 
 Id. Offence 3. 2. Returning after Removal by Order. (Id.)] that on the day 
 
 of last past, A. B. of &c. was legally removed from the parish of 
 
 D., in the county of C., where the said A. B. was then actually charge- 
 able [with his wife and two children], to the parish of G., in the county 
 of S., by an order under the hands and seals of I. S. and J. L., Esquires, 
 two of her Majesty's justices of the peace acting in and for the said 
 
 county of C., bearing date the day of last; and that he the 
 
 said A. B. hath since his said removal, to wit, on the day of 
 
 instant, returned* to the said parish of D., and did on the day of 
 
 instant become chargeable to such parish, he the said A. B. not 
 
 having gained any settlement there, and not having produced any certi- 
 ficate of the churchwardens and overseers of any other parish, township, 
 or place, thereby acknowledging him to be settled there, [or under s. 55 
 0/74-8 Viet. c. 101, say, from the asterisk*, and became chargeable in a 
 certain asylum, to wit, - , in the said [county] of ,] contrary, &c. 
 
 Id. Offence 4. 3. Trading without a Licence. (Id.)] then being a petty chapman 
 [or pedlar], did then and there wander abroad and trade, to wit, in selling 
 
 , without being then and there duly licensed or otherwise authorized 
 
 by law so to do, contrary, &c. 
 
 (a) The prosecution for offences numbered in the margin 1,2,3,8, 17, 
 and 18, under this title, should be directed by the guardians by the authority 
 given in the manner stated at pp. 170, 171, tit. " Poor."
 
 CHAP, ii.] VAGRANTS. 203 
 
 4. Prostitute behaving indecently. (Id.)] then being a common pros- Oke's Synop. 
 titute, did then and there wander in a certain public street [or highway, 2nd ed. p. 244. 
 
 or certain place of public resort, to wit, ,] there situate, called , Offence 5. 
 
 and did then and there behave in a riotous [or an indecent] manner, to 
 
 wit, by then and there [describe the behaviour], contrary, &c. 
 
 5. Begging Alms. (Id.)] did wander abroad [or place himself] in Id. Offence 6. 
 a certain public place, to wit, , [or street, highway, court, or pas- 
 sage, called ,] there situate, to beg [or gather] alms, contrary, &c. 
 
 6. Causing Child to beg. (Id.)] did cause [or procure] a certain Id. Offence 7. 
 child, to wit, one E. F., of the age of ten years, to wander, &c. [conclude- 
 as in last Form.] 
 
 1. Having Money at time of applying for Relief. (Id. and 11 & 12 Id. Offence 8. 
 Viet. c. 110, s. 10.)] then professing himself to be destitute, did apply 
 for relief at the workhouse of the N. union there situate [or to one W. S., 
 the relieving officer of the N. union there being,] the said A. B. having 
 at the time of such application then and there in his possession, and 
 under his immediate control, certain money, to wit, one half a crown, of 
 and regarding which the said A.B. on inquiry duly made by an officer of 
 the guardians of the said union, to wit, C. C., the master [or the said 
 W. S., the relieving officer,] did not then and there make correct and 
 complete disclosure, contrary, &c. 
 
 8. Conviction on view for Offences described in Forms No. 3 6, supra.] 
 This will be in the General Form No. 43, ante, p. 42, describing the de- 
 fendant as being convicted before the justice, " of being an idle and disor- 
 derly person within the intent and meaning of the statute made in the 
 fifth year of the reign of his late Majesty King George the Fourth, inti- 
 tuled ' An Act for the Punishment of idle and disorderly Persons, and 
 Rogues and Vagabonds, in that part of Great Britain called England,' 
 that is to say, for that he the said A. B., &c." 
 
 9. The Conviction for all of the offences described in the Forms No. 1 
 7 will be in the General Form No. 41 (I. 3) ante, p. 39, with the 
 special description given in No. 8, supra, and for the offence in Form 
 No. 7, adding to the title of the statute 5 Geo. 4, c. 83, the title of the 
 statute 11 & 12 Viet. c. 110, as follows : " and also of the statute made 
 in a session of parliament holden in the eleventh and twelfth years of the 
 reign of her present Majesty, intituled ' An Act to alter the Provisions 
 relating to the Charges for the Relief of the Poor in Unions,' that is to 
 say, &c." The averment of the previous conviction (where convicted of 
 a subsequent offence) will be found in the General Consolidated Form of 
 Conviction, No. 42, ante, p. 40. The Forms for enforcing will be Com- 
 mitment for offence, No. 48 (P. 1), ante, p. 46 ; and for the costs of con- 
 viction, Distress Warrant, &c. No. 49 (P. 3) 51, ante, pp. 4648. 
 
 10. Whole length Form of Commitment of an Idle and Disorderly 
 Person, a Rogue and Vagabond, or an Incorrigible Rogue. 
 
 To the constable of the parish of , in the [county] of , and 
 
 to the keeper of the house of correction at , in the same 
 
 [county], 
 
 ) Whereas A. B., of the parish of , in the county of , 
 
 to wit. i was this day duly convicted before the undersigned, one of her
 
 204 
 
 Summary Convictions and Orders. [PART i. 
 
 [Form No, 16, 
 ante, p. 174, tit 
 " Poor."] 
 
 Oke's Svnop Majesty's justices of the peace in and for the said [county'} of , of 
 
 2nd ed. p. 244. being an idle and disorderly person [or a rogue and vagabond ; or an in- 
 corrigible rogue,] within the intent and meaning of the statute made in 
 the fifth year of the reign of his late Majesty King George the Fourth, 
 intituled " An Act for the Punishment of Idle and Disorderly Per- 
 sons, and Rogues and Vagabonds in that part of Great Britain called 
 England," 
 
 [add here the title, fyc. of other necessary statutes, under which the 
 conviction takes place, as: " and also of the statute made in the 
 sixth year of the reign of her present Majesty, intituled ' An 
 Act to continue until the Thirty-first day of July, one thou- 
 sand eight hundred and forty -seven, and to the end of the then 
 next Session of Parliament the Poor Law Commission, and for 
 the further amendment of the Laws relating to the Poor in 
 England ;'"] 
 
 [or as necessary in No. 7, supra : and also of the statute made in 
 the twelfth year of the reign of her present Majesty, intituled 
 " An Act to alter the provisions relating to the charges for the 
 Relief of the Poor in Unions ;"] 
 
 that is to say, for that he the said A. B., on the day of , at the 
 
 parish of , in the said [county] of , did [here set out the offence,} 
 
 contrary to the form of the same statute. 
 
 If convicted If convicted before as an idle and disorderly person, or as a rogue and 
 
 before. vagabond, say here : the said A. B. having been, as it hath now been 
 
 duly proved to me, at some former time, to wit, on the day of , 
 
 in the year of our Lord one thousand eight hundred , at N., in the 
 
 said [county"] of , adjudged to be and duly convicted before J. L., 
 
 Esquire, one of her Majesty's justices of the peace for the said [county] 
 of , [or me the said justice] of being an idle and disorderly per- 
 son [or a rogue and vagabond] within the intent and meaning of the 
 
 statute [first] aforesaid *, for that he the said A. B. on the day of 
 
 , at the parish of , in the [county] of , did [here state the 
 
 offence], and adjudged for his said last mentioned offence to be impri- 
 soned in the house of correction at , in the said [county] of , 
 
 there to be kept to hard labour for the space of * (a) [a like aver- 
 ment would be necessary where the offender is convicted the third time of 
 a like offence, as also where the second conviction (as a rogue and vaga- 
 bond) was upon a second offence as an idle and disorderly person.] And it 
 was [on this day, if a subsequent offence] thereby adjudged that the said 
 A. B. for his said [first mentioned] offence [of which he is now duly 
 convicted before me] should be imprisoned in the house of correction at 
 
 , in and for the said [county] of , and there kept to hard 
 
 labour for the space of : 
 
 [or if an incorrigible rogue, " until the next general quarter sessions 
 
 of the peace, to be held at in and for the same [county], 
 
 to be then and there further dealt with according to law"] : 
 These are therefore to command you, the said constable of the parish of 
 , to take the said A. B., and him safely convey to the house of cor- 
 rection 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 house of correction, to receive the said A. B. into your 
 
 (a) This would be readily taken from the conviction received in evidence at 
 the time of committal ; the portion between the asterisks * * may be omitted 
 in a commitment, but not in a conviction.
 
 CHAP, ii.] VAGRANTS. 205 
 
 custody in the said house of correction, there to imprison him and keep 
 
 him to hard labour for the space of ; 
 
 [or if an incorrigible rogue, " until the next general quarter sessions 
 
 of the peace to be held at in and for the said [county] of 
 
 , to be then and there further dealt with according to law, 
 
 and have you him then there, together with this precept"] ; 
 and for your so doing this shall be your sufficient warrant. 
 
 Given under my hand and seal, this day of, in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 11. Information on Oath to ground Search Warrant for Vagrants. 
 (5 Geo. *4, c. 83, s. 13.)] that A. B. &c. is an idle and disorderly 
 person [or a rogue and vagabond, or an incorrigible rogue] within the 
 intent, &c. [describe the statute, fyc. as in Form No. 10, supra], for that he 
 
 the said A. B., on the day of , at the parish of , in the 
 
 said [county] of , did [here state the offence], and that he the said 
 
 informant, C. D., hath reasonable cause to suspect, and doth suspect 
 and believe that the said A. B. is harboured [or concealed] in a certain 
 house in the occupation of one E. F., situate in Street, there kept 
 [or purporting to be kept] for the reception, lodging and entertainment 
 of travellers. 
 
 12. Search Warrant t/iereon. 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 I Whereas information on oath hath this day been laid before 
 to wit. S me, the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said [county] of , by C. D., of &c. that [here recite the 
 
 Information No. 11, supra, then:] These are therefore to command and 
 authorize you in her Majesty's name forthwith, with proper and neces- 
 sary assistants, to enter at any time into the said house of the said E. F., > 
 and to apprehend and bring before me, or any other justice of the peace 
 
 for the said [county] of , the said A. B., and every other idle and 
 
 disorderly person, rogue and vagabond, and incorrigible rogue as shall be 
 found therein, to be dealt with according to law. Given under my hand 
 
 and seal, this day of , in the year of our Lord , at , jn 
 
 the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 13. Convicting Justice's Order to sell Effects, or apply Money found 
 upon Offender towards Costs. (5 Geo. 4, c. 83, s. 8.) 
 
 To the constable of the parish of , in the [county] of , and 
 
 to Messrs. I. G. and B., the clerks to the justices of the peace 
 
 for the [division of N., in the same county] of . 
 
 County of ^ Whereas A. B., of, &c., was this day duly convicted before, 
 
 > &c. [recite conviction and adjudication as in a commitment, 
 
 to wit. ) No. 10, supra], and whereas it now appears to me that the 
 said A. B. had in his possession, upon his being apprehended by you 
 J. N., the said constable, and charged with the said offence, a bundle con- 
 taining certain goods and effects, that is to say [name them], 
 
 [or whereas there was found upon the said A. B., on his being 
 searched by my order, and in my presence, certain money, that 
 is to say [name the coins], making together the sum of one 
 pound fifteen shillings and sixpence] :
 
 206 
 
 Summary Convictions and Orders. [PART i. 
 
 These are therefore to order and command you, the said constable of 
 
 ,* to sell or cause to be sold [a sufficient part of] the said goods and 
 
 effects, and that you do pay the produce of such sale 4o Messrs. I. G. 
 and B., the clerks to the justices of the peace for the [division] of N., in 
 the said [county] ; and I do hereby command you, the said clerks, to pay 
 and apply the same 
 
 [or, if money only, say front the asterisk * : to pay and apply the 
 
 said monies so found] 
 
 for and towards the expense of apprehending and conveying to the said 
 house of correction and maintaining the said A. B. therein during the 
 time for which he is committed as aforesaid, as below specified, that is to 
 say : 
 
 s. d. 
 
 Expense of apprehending 4 6 
 
 Expense of conveying to house of correction . . 106 
 Maintenance therein 28 days, at 4%d. per day 0106 
 
 1 15 6 
 
 Where goods taken, add here:] And that you return the overplus, if any, 
 after deducting the charges of such sale, to the said A. B., and certify 
 unto me what you shall have done in the premises. Given under my 
 
 hand and seal, this day of , in the year of our Lord , at 
 
 , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 Oke's Synop. 
 2nd ed. p. 246. 
 Offence 8 a. 
 
 Id. Offences 9, 
 10. 
 
 II. ROGUES AND VAGABONDS. 
 
 14. Second Conviction as an Idle and Disorderly Person. (5 Geo. 4, 
 c. 83, s. 4.)] This is drawn in the usual way. Vide the preceding 
 Forms No. 1 7, and the General Form, No. 4, ante, p. 25 [or after 
 describing the offence, say, "the said A. B. having been previously con- 
 victed of being an idle and disorderly person."] 
 
 15. Fortune Tellers. (Id.)] did pretend [or profess] to tell fortunes, 
 [or did use certain subtle craft, or means, or device, to wit, ] 
 
 to wit, by palmistry, to deceive and impose on certain of her Majesty's 
 Subjects, to wit, one C. D. and others, contrary, &c. 
 
 Id. Offence II. 16. Lodging in Outhouses, $c. (Id.)] did unlawfully wander abroad 
 and lodge in a certain barn [or outhouse, to wit, a stable ; or in a certain 
 
 deserted, or unoccupied, building, to wit, a ; or in the open air, to 
 
 wit, in Street ; or under a tent ; or in a certain cart, or waggon, in 
 
 Street], there situate [or being], the said A. B. not having then 
 
 and there any visible means of subsistence, and not then and there giving 
 a good account of himself, contrary, &c. 
 
 Id. Offence 12. 17. Exposing Indecent Exhibition in Street. (Id.)] did wilfully 
 expose to view in a certain street [or road, highway, or public place] 
 
 there situate, called , a certain obscene print [or picture, or indecent 
 
 exhibition], to wit, , contrary, &c. 
 
 Id. Offence 13. 18. The like, in Shop Window, $c. (1 & 2 Viet. c. 38, a. 2.)] did wil- 
 fully expose to view, in the window [or on the counter, or at the door] of 
 
 a certain shop [or building, to wit, a ], situate in a certain street 
 
 [or road, highway, or public place] there situate, called , a certain
 
 CHAP, ii.] VAGRANTS. 207 
 
 obscene print [or picture, or indecent exhibition], to wit, , con- Oke's Synop. 
 
 trary, &c. 2nd ed. p. 246. 
 
 19. Exposing Person. (5 Geo. 4, c. 83, s. 4.)] did wilfully, openly, Id. Offence 14. 
 lewdly and obscenely expose his person in a certain street [or road, public 
 
 highway, or place of public resort, to wit ], 
 
 [or expose his person in the view of a certain street or road, &c.] 
 
 there situate, called , with intent then and there to insult a female, to 
 
 wit, one C. D., contrary, &c. 
 
 20. Exposing Wounds. (Id.)] did unlawfully wander abroad, and Id. Offence 15. 
 endeavour, by the exposure of wounds [or deformities], to wit, , to 
 
 obtain [or gather] alms, contrary, &c. 
 
 21. Collecting Alms under fraudulent Pretence. (Id.)] did unlaw- Id. Offence 16. 
 fully go about as a gatherer and collector of alms, 
 
 [or did unlawfully endeavour to procure charitable contributions], 
 to wit, [stating the kind~\, under a certain false and fraudulent pretence 
 then and there made by him, to wit, [here describe the pretence], con- 
 trary, &c. 
 
 22. Running away, leaving Family chargeable. (Id.)] run away Id. Offence 17. 
 from the said parish of , and did then and there leave his wife [and 
 
 [or or] children] chargeable to the said parish of , and they are still 
 
 chargeable thereto [or to the common fund of the N. Union, in the 
 counties of C. and S., pursuant to the statute in that behalf (12 & 13 Viet, 
 c. 103, s. 3,)] 
 
 [or did run away from the said parish, whereby the wife [and 
 
 children] of the said A. B. became, on the day of 
 
 instant and still are chargeable, &c.] 
 contrary, &c. 
 
 23. Woman deserting her Bastard Child. (7&8 Viet. c. 101, s. 6.)] Id. Offence 18. 
 did then and there desert one E. F., her bastard child, whereby it then 
 
 and there [or on the day of instant] became chargeable to 
 
 the said parish of [or to the common fund, &c., as in No. 22], 
 
 contrary, &c. 
 
 24. Gaming in any public Place. (5 Geo. 4, c. 83, s. 4.)] did play Id. Offence 19. 
 [or bet] in a certain street [or road, highway, or open and public place, 
 
 to wit, ,] there situate, called , at [or with] a certain table [or 
 
 instrument of gaming], called , at a certain [pretended] game of 
 
 chance, to wit, , contrary, &c. 
 
 25. Having Picklocks, fyc. with intent, $c. (Id.)] unlawfully had in Id. p. 248. 
 his custody [or possession], to wit, in his , Offence 20. 
 
 [and if so, add: at the time of his being then and there apprehended 
 by one [or the said] C. D.] 
 
 a certain picklock [or key, crow, jack, bit, or instrument], to wit, a , 
 
 with intent then and there feloniously to break into a certain dwelling- 
 house [or warehouse, coach-house, stable, or out-building, to wit, a ] 
 
 there being, in the occupation of one E. F., contrary, &c. 
 
 26. Being armed with Gun, $c., with intent, 4~c. (Id.)] was unlaw- id. Offence 21 
 fully armed with a certain offensive weapon, to wit, a gun [or pistol, 
 
 hanger, cutlass, bludgeon],
 
 Id. Offence 23. 
 
 208 Summary Convictions and Orders. [PART i. 
 
 Oke's Synop. L and if s > add: at the time of his bei "S then and there apprehended 
 
 2nd ed. p. 248. by one [or the said] C. D.] 
 
 with intent then and there feloniously to steal, take and carry away the 
 goods and chattels of one E. F. then and there being [or us the felonious 
 act may be], contrary, &c. 
 
 Id. Offence 22. 27. Having Instrument with intent, $c. (Id.)] unlawfully had upon 
 
 him, to wit, in his , 
 
 [and if so, add: at the time of his being then and there apprehended 
 
 by one [or the said] C. D.] 
 
 a certain instrument, to wit, a knife, with intent then and there feloniously 
 to stab a certain mare, the property of one E. F., then and there being 
 [or as the felonious act may be], contrary, &c. 
 
 28. On Premises for an unlawful Purpose. (Id.)] was found in and 
 upon a certain inclosed yard [or garden, area, or dwelling-house, ware- 
 house, coach-house, stable, or out-house, to wit, a ,] there, in the 
 
 occupation of one [or the said] C. D., for a certain unlawful purpose, to 
 
 wit, , [describe it as : to steal, take and carry away apples or potatoes 
 
 then and there growing, or feloniously to steal, take and carry away 
 certain fowls, to wit, two fowls], 
 
 [or a certain coat, or certain harness, or as the case may be], 
 the property of the said C. D. then and there being, contrary, &c. 
 
 Id. Offence 24. 29. Reputed Thieves frequenting public Places with intent, fyc. (Id.)] 
 then being a suspected person [or reputed thief], did then and there 
 frequent a certain river [or canal, or navigable stream, dock, basin, or 
 quay, or a certain wharf or warehouse near or adjoining to a certain 
 river, &c.] 
 
 [or a certain street [or highway or avenue leading to a certain street 
 
 or highway ; or a certain place of public resort, called ], 
 
 there situate, with intent, the goods and chattels of a certain person 
 unknown [or of one or the said C. D.], then and there being, then and 
 there feloniously to steal, take and carry away, contrary, &c. 
 
 Id. Offence 25. 30. Resisting Apprehension. (Id.)] did violently resist one [or the 
 
 said] C. D., a constable of the said parish of , who was then and 
 
 there apprehending him by virtue of the statute in that behalf, as an idle 
 and disorderly person, for that he the said A. B. theretofore, to wit, on 
 
 the day of last, at, &c. [here state offence as in either of the 
 
 Forms No. 1 7, ante, pp. 202, 203, applicable], and of which said offence 
 
 the said A. B. was subsequently, to wit, on the day of instant, 
 
 convicted before J. S. Esquire, one of her Majesty's justices of the peace 
 
 in and for the said [county'] of , contrary, &c. 
 
 N.B. The Forms No. 9 to 13, ante, pp. '203, 205, will equally be re- 
 quired under this division of the title. 
 
 III. INCORRIGIBLE ROGUES. 
 
 Id. Offence 26. 31. Vagrants breaking out of Conjinement. (5 Geo. 4, c. 83, s. 5.)] 
 then being an idle and disorderly person [or rogue and vagabond], did 
 then and there break [or escape] out of a certain place, to wit, the house of 
 
 correction at , in the said [ county] of , in which he was then and 
 
 therelegally confined under and by virtue of a certain conviction and warrant 
 of J. S. Esquire, one of her Majesty's justices of the peace for the said 
 [county] of , made under the statute passed in the fifth year of the
 
 CHAP, ii.] VAGRANTS. 209 
 
 reign of, &c. [here insert title of 5 Geo. 4, c. 83, in Form No. 10, ante, Oke's Synop. 
 
 204J, dated the day of last, and to which he was committed 2nd ed. p. 248. 
 
 for the term of , before the expiration of the said term, contrary, &c. 
 
 32. Second Conviction as a Rogue and Vagabond. (Id.)] This is Id. Offence 27. 
 drawn in the usual way, vide the preceding Forms No. 15 30, supra, and 
 
 the General Form No. 4, ante, p. 25 ; or after describing the offence, say: 
 the said A. B. having been previously convicted of being a rogue and 
 vagabond, or having been twice previously convicted of being an idle and 
 disorderly person, or once previously convicted of being an idle and dis- 
 orderly person, and afterwards convicted of being a rogue and vagabond. 
 
 33. Resisting Apprehension. (Id.)] This will be the same as No. 30, id. Offence 28. 
 supra, but describing the offender as " a rogue and vagabond," and in the 
 
 Forms No. 14 29, supra. 
 
 N.B. The Forms No. 913, ante, p. 203205, will equally apply 
 under this division of the title. 
 
 34. Recognizance to prosecute an incorrigible Rogue at the Sessions. 
 (5 Geo. 4, c. 83, s. 9.) (a)] Proceed in the usual Form No. 13 (E.), ante, 
 p. 28, adapting it to one person, and stating the condition thus: The 
 condition of the with in- written recognizance is such, that whereas A. B. 
 of, &c. was this day convicted before me, the justice of the peace within 
 mentioned, of being an incorrigible rogue within the intent, &c. [here 
 state the conviction and adjudication as in that record]. 
 
 [If an appeal, say here: and the said A. B. having given notice 
 
 of his intention to appeal against the said conviction, and duly 
 
 entered into the recognizance directed in that behalf:] 
 
 If therefore he the said J. N. (who apprehended the said A. B.) shall 
 
 appear at the next court of general [or quarter] sessions of the peaee to 
 
 be holden in and for the said [county] of , and there prosecute and 
 
 give evidence against the said A. B. for the said offence, then the said 
 recognizance to be void, or else to stand in full force and virtue. 
 The notice hereof will be similar to Form No. 14, ante, p. 29. 
 
 35. Convicting Justice's Certificate of Expenses of prosecuting an incor- 
 rigible Rogue, or supporting Conviction appealed against. (Id. s. 9.) (b)] 
 
 | These are to certify, that J. N., constable of the parish of , 
 
 to wit. $ in the said [county] of , with J. K. and R. T., attended on 
 
 the day of , instant, before me the undersigned, one of her 
 
 Majesty's justices of the peace for the said [county'], to give evidence 
 against A.B., duly convicted before me of being an incorrigible rogue 
 under the statute 5 Geo. 4, c. 83, s. 5 ; and that I have ascertained that 
 the sum of one pound seven shillings and sixpence is a reasonable and 
 sufficient sum to reimburse the said J. N. for the expenses bona fide in- 
 curred by reason of attending before me as aforesaid ; and that the sum 
 of ten shillings is a proper compensation to the said J. N., J. K. and R. T. 
 for their trouble and loss of time therein, making together the sum of one 
 
 (a) The Form No. 42 (0. 1), Chap. I. Of Indictable Offences, post, may 
 be easily altered to this. 
 
 (6) The Form No. 62 in Chap. I. Of Indictable Offences, post, may be 
 easily altered to this. No certificate is required to be given by s. 9 of the 5 Geo. 4, 
 c. 83, but as the whole costs of the prosecution are allowed as in Felonies, it is 
 advisable to grant one. 
 
 P
 
 210 Summary Convictions and Orders. [PART I. 
 
 Oke's Synop. pound seventeen shillings and sixpence, according to the specification and 
 2nd ed. p. 248. particulars hereunder mentioned. 
 
 Given under my hand, this day of , 1850. 
 
 J. S. 
 
 Particulars above referred to. 
 
 d. 
 
 Constable (J. N.), as per bill annexed 4 6 
 
 Justices Clerk's fee 1 3 
 
 1 7 6 
 
 J. K.'s attendance, 1 day, at 5s 5s. Qd. 
 
 R.T.'s do. do 5 
 
 10 
 
 1 17 6 
 
 WEIGHTS AND MEASURES. 
 
 I. Offences by Inspectors. 
 II. Offences by Dealers and others. 
 
 I. OFFENCES BY INSPECTORS. 
 
 Oke's Synop. 1. Stamping Weight without verifying same. (5 & 6 Will. 4, c. 63, 
 
 2nd ed. p. 250. s . 29.)] then being an inspector of weights and measures for the said 
 
 Uffence 1. [county] of ,* did then and there stamp a certain weight [or measure], 
 
 to wit, a four-pound weight [or us the case may be] of one C. D. without 
 then and there duly verifying the same by comparison with a copy of the 
 imperial standard, contrary, &c. 
 
 Id. Offence 2. 2. Guilty of Breach of Duty. (Id.) ] Proceed to the asterisk* in 
 Form No. 1, supra, then: was then and there guilty of a breach of his 
 duty as such inspector, in this, to wit, [here describe it], contrary, &c. 
 
 Id. Offence 3. 3. Otherwise misconducting himself. (Id.)] Proceed to the asterisk* 
 in Form No. 1, supra, then: did then and there misconduct himself in 
 the execution of his said office of inspector, by then and there refusing 
 to stamp a certain weight, to wit, a four-pound weight, of one [or the 
 said] C. D., then and there produced to the said A. B. for that purpose 
 [or as the case may be], contrary, &c. 
 
 Id. Offence 4. 4. Stamping Weight of Person within a local Jurisdiction. (Id. s. 25.)] 
 Proceed to the asterisk* in Form No 1, supra, then: did knowingly 
 stamp a certain weight [or measure], to wit, a four-pound weight [or as 
 the case may be] of one E. F. then residing within the limits of the division 
 
 of L., in the county of , and for which another inspector, to wit, one 
 
 C. D., was then and there appointed, contrary, &c. 
 
 5. General Forms to be used in enforcing the Conviction (No. 39 (1. 1 ), 
 ante, p. 38) for the above described Offences! ; Distress Warrant, &c. 
 No. 53 (N. 1) 58, ante, pp. 5052.
 
 CHAP, ii.] WEIGHTS AND MEASURES. 211 
 
 II. OFFENCES BY DEALERS AND OTHERS. 2nd edit p 250 
 
 6. Sale by illegal Measure. (5 & 6 Will. 4, c. 63, a. 6.)] did sell to Offence 5. 
 one [or the said] C. D. certain goods, to wit, , by a denomination 
 
 of measure other than one of the imperial measures, or any multiple or 
 aliquot part thereof, to wit, [describe the denomination of measure}, con- 
 trary, &c. 
 
 7. Sale by heaped Measure. (Id. s. 7.)] did sell to one [or the said] Id- Offence 6. 
 C. D. certain articles, to wit, one peck of turnips \or as the case may be] 
 
 by the heaped measure, contrary, &c. 
 
 8. Selling Coals by Measure. (Id. s. 9.)] This Form will be found Id- Offeenc 7. 
 at p. 92, tit. " Coals." 
 
 9. Using unauthorized Weights, fyc. (Id. s. 21.)] did use a certain Id. Offence 8. 
 weight [or measure] intended to represent a four-pound weight [or a 
 
 gallon measure], which upon examination then and there duly had by 
 
 J. J., the inspector of weights and measures for the said [county] of , 
 
 was then and there found to be and was then and there light [or unjust], 
 to wit, one ounce light [or as the case may be], contrary, &c. 
 
 10. [or did use a certain weight under the weight of fifty-six pounds, 
 to wit, a seven-pound weight, the said weight at the time of the 
 said A. B. so using the same not having been stamped accord- 
 ing to the statute in that behalf, contrary, &c.] 
 
 11. Refusing to compare Drinking Cup, fyc. (Id. s. 21.)] that on the Id. Offence 9. 
 day of , at the parish of , in the said [county] of , 
 
 one [or the said] C.D. did buy of A. B. of, &c. a certain quantity of ale, 
 to wit, one quart of ale by a certain vessel, to wit, a jug [or glass, drink- 
 ing cup, wooden or wicker measure], then and there used by the said A. B. 
 and represented by him as containing the quantity of a quart of imperial 
 measure,* and that the said A. B. did then and there refuse to ascertain 
 and did not then and there ascertain the contents of the said vessel by 
 comparing the same with a stamped measure by law required to be pro- 
 vided by the said A. B., although the said A. B. was then and there re- 
 quired so to do by the said C. D., contrary, &c. 
 
 12. Drinking Cup found deficient. (Id. s. 21.)] that on the day id. Offence 10. 
 
 of , at the parish of , in the said [county] of , one [or the 
 
 said] C. D. did purchase of A. B. of, &c. [proceed to the asterisk * in last 
 Form, then :] and that the said C. D. did then and there require the con- 
 tents of the said vessel to be ascertained by a comparison with a stamped 
 measure by law required to be provided by the said A. B., and that on 
 such comparison being then and there made, the said vessel was then and 
 there found to be and was then and there deficient in quantity, contrary, 
 &c. 
 
 13. Having Possession of unjust Weights, Steelyards, fyc. (Id. s. 28.)] Id. Offence 11. 
 that on the day of instant, at the parish of in the said 
 
 [_county~\ of , a certain weight [or measure], to wit, a weight [or 
 
 measure] intended to represent a seven-pound weight [or quart measure], 
 and which said weight [or measure] was then and there light, [or unjust, 
 stating in what respect], to wit, once ounce, was found by [the said] C. D. r , 
 being then and there an inspector of weights and measures for the said 
 
 p2
 
 212 
 
 Summary Orders and Convictions. 
 
 [PART i. 
 
 Oke's Synop. [county'] in a certain shop [or warehouse, stall, yard or place] of A. B., 
 
 2nd ed. p. 250. grocer, there situate, wherein goods were then and there kept and exposed 
 
 for sale [or weighed for conveyance or carriage], he the said C. D. being 
 
 then and there duly authorized* in writing under the hand of J. L., 
 
 Esquire, one of her Majesty's justices of the peace acting in and for the 
 
 said [county'] of , to enter the said shop, and examine, compare, and 
 
 try the weights there found, contrary, &c. 
 
 14. [or that on &c., at &c., a certain steelyard [or weighing machine, 
 
 called a ], and which said steelyard [or weighing machine] 
 
 was then and there incorrect and unjust, to wit, [state in what 
 respect], was found by [the said] C. D. [conclude from the first 
 asterisk* in the last form]. 
 
 Id. p. 252. 15. Neglecting, $c. to produce Weights, fyc. (Id. s. 28.)] at his 
 
 Offence 12. shop [or store, warehouse, stall, yard, or place] there situate, wherein 
 
 goods were then and there kept and exposed for sale [or weighed for 
 
 conveyance or carriage], did, on being then and there requested so to do 
 
 by [the said] C. D., then being an inspector of weights and measures for 
 
 the said [county'] of , neglect [or refuse] to produce for examination 
 
 by the said C. D., according to the statute in that behalf, the weights [or 
 measures, steelyards or weighing machines] of him the said A. B., then 
 in his possession, he the said C. D. being then and there duly authorized, 
 &c. [conclude from the second asterisk* in Form No. 13, supra.~\ 
 
 Id. Offence 13. 16. Obstructing Examination. (Id. s. 28.)] did obstruct [or hinder] 
 one [or the said] C. D., being then and there an inspector of weights and 
 
 measures for the said [county] of , in examining the weights [or 
 
 measures, steelyards, or weighing machines] of him the said A. B. or 
 of one E. F.] at a shop [or as the case may be] of him the said A. B. or 
 E. F.], where goods were then and there kept and exposed for sale, he 
 the said C. D. being then and there duly authorized, &c. [conclude from 
 the second asterisk* in Form No. 13, supra.] 
 
 Id. Offences 14, 17. Counterfeiting Stamps, fyc. (Id. s. 30.)] did make [or forge, or 
 15, 16. counterfeit], 
 
 [or cause or procure to be made, or forged, or counterfeited], 
 [or knowingly act or assist in the making or forging, or counterfeit- 
 ing] 
 
 a certain stamp [or mark] on a certain weight [or measure], to wit, a five- 
 pound weight [or quart measure], then and there purporting to be the 
 stamp [or mark] then used for the stamping [or marking] of weights [or 
 measures] under the statute in such case made and provided, contrary, &c. 
 
 18. Selling Weights, #c. with Counterfeit Marks. (Id. s. 30.)] did 
 knowingly sell a certain weight [or measure], to wit, a five-pound weight 
 [or quart measure], the said weight [or measure] having then and there 
 a certain forged and counterfeit stamp [or mark] thereon, purporting to be 
 the stamp [or mark] then used for the stamping [or marking] of weights 
 [or measures] under the statute in such case made and provided, the said 
 A. B. then and there well knowing the said stamp [or mark] to be then 
 and there forged and counterfeit, contrary, &c. 
 
 19. General Forms to be used in enforcing the Conviction (No. 39 (I. 1 ), 
 ante, p. 38), for the Offences described in Forms No. 618, supra] ; Dis- 
 tress Warrant, &c. No. 53 (N. 1) 58, ante, pp. 5052. 
 
 Id. Offence 17.
 
 CHAP, ii.] WEIGHTS AND MEASURES WRECK. 
 
 213 
 
 20. A return of forfeitures, levied by the justices of the peace in the 
 
 county of , acting within the division of , in the said county, in 
 
 pursuance of the several acts of parliament made for the more effectual 
 prevention of the use of defective weights and false and unequal balances, 
 between the day of , 1 8 , and the day of following ; 
 
 Offenders' 
 Names. 
 
 Residence. 
 
 Sums 
 arising from 
 Forfeitures. 
 
 Sums arising from 
 Sale of defective 
 Weights and 
 Measures. 
 
 Date of 
 Conviction. 
 
 Before 
 whom 
 convicted. 
 
 
 
 
 
 *. 
 
 d. 
 
 
 
 t. 
 
 d. 
 
 
 
 T r A 
 1. U. ar 
 
 Clerks to the justices 
 ivision 
 
 WRECK. 
 
 1. Informationfor Search Warrant for plundered Goods. (7 & 8 Geo. 4, 
 
 c. 29, s. 19.)] that a certain ship was on the day of last 
 
 stranded and cast on shore [or in distress, wrecked, or cast on shore] on 
 
 the sea coast in the said county of ; and that the following goods 
 
 belonging to the said ship, to wit, , have since that time been by 
 
 some person or persons unknown feloniously plundered, stolen, taken and 
 carried away in the county aforesaid; and that the said C. D. hath rea- 
 sonable cause to suspect and doth suspect and believe that A. B. of &c. 
 hath in his possession or on his premises, and with his knowledge, the 
 said goods or part thereof. 
 
 2. Search Warrant thereon.'] Proceed as directed in Form No. 3, tit. 
 " Larceny," ante, p. 140. 
 
 3. Order that the Goods found be delivered up. (Id. a. 19.) 
 To the constable of the parish of in the said county of . 
 
 I Whereas by virtue of a search warrant under the hand and 
 
 to wit. \ seal of [me] J . S., Esquire, one of her Majesty's justices of the 
 
 peace in and for the said county of , authorizing and requiring you 
 
 to enter into the dwelling-house and premises of A. B. in the said county, 
 and there diligently to search for certain goods belonging to a certain 
 ship before then stranded [or as in the information and warrant'] on the 
 
 sea coast in the said county of , and which had been feloniously 
 
 plundered, stolen, taken and carried away ; and whereas certain of the 
 said goods being found by you in the said dwelling-house and premises of 
 the said A. B., to wit, [here enumerate the art icles found], the same, 
 together with the said A. B., were thereupon then and there brought 
 before me the said J. S. as such justice as aforesaid; and it then appear- 
 ing upon evidence before me that the said goods were so in that dwelling- 
 
 From 2 Arch. 
 J. P. 4th ed. 
 p. 100.
 
 214 Summary Convictions and Orders. [PART i. 
 
 house and premises of the said A. B. with the knowledge of the said 
 A. B., the said A. B. was thereupon then and there required by me as 
 such justice as aforesaid, to account for his possession of the said goods, 
 but he hath not satisfied me that he came lawfully by the same : I do 
 therefore order and direct you the said constable forthwith to deliver the 
 said goods so found as aforesaid unto [E. F., for the use and benefit of] 
 G. H., the rightful owner thereof. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the county aforesaid. 
 
 J.S. (L.S.) 
 
 From 2 Arch. 4. Statement of the Offence of having such Goods, for the Conviction. 
 
 J. P. 4th ed. (Id. s. 19.)] had in his possession, 
 
 p. 100. [or on his premises, situate at aforesaid, and with his know- 
 
 ledge] 
 
 twenty pounds weight of indigo, of the value of fifty shillings, of the 
 goods and merchandize belonging to a certain ship then lately before 
 stranded and cast on shore on the sea coast in the county of afore- 
 said, the property of some person or persons unknown, and which said 
 goods had been by some person or persons unknown feloniously plun- 
 dered, stolen, taken and carried away whilst the said ship was so stranded 
 and cast ashore as aforesaid ; and that upon the said goods and mer- 
 chandize being found in the possession and upon the premises of the said 
 A. B. as aforesaid, by virtue of a certain search warrant, and the said 
 A. B. being carried before me the said J.S. now here as such justice as 
 aforesaid, he the said A. B. doth not show unto or satisfy me the said 
 justice that he came lawfully by the said goods and merchandize, but 
 altogether faileth in so doing, contrary, &c. 
 
 Id. p. 101. 5. Offering shipwrecked Goods for Sale. (Id. s. 20.)] did offer [or 
 
 expose] for sale twenty pounds weight of indigo, of the value of fifty 
 shillings, which are reasonably suspected to have been lately before then 
 unlawfully taken from a certain ship, the property of a person or persons 
 unknown, whilst the said ship was stranded and cast on shore on the sea 
 
 coast in the county of aforesaid; and that the said A. B., although 
 
 duly summoned by me as such justice as aforesaid, hath not appeared 
 before me or satisfied me that he came lawfully by the said indigo, 
 
 [or that the said A. B. now appeareth before me, having been duly 
 summoned for that purpose, but doth not show or satisfy me 
 the said justice that he came lawfully by the said indigo], 
 and altogether fails in so doing, contrary, &c. 
 
 6. The variation in the General Form of Conviction (No. 40 (I. 2), ante, 
 p. 39), for the offences described in Forms Nos. 4 and 5, supra, will be in 
 
 the adjudication, " to forfeit and pay the sum of over and above the 
 
 value of the said goods so found as aforesaid, and for the said goods so 
 
 found, the further sum of , to be respectively paid, &c. Enforced 
 
 by the General Form of Commitment, No. 52 (0. 1), ante, p. 49.
 
 CHAP. III.] ( 215 ) 
 
 CHAPTER III. 
 
 FORMS APPLICABLE TO THE OFFENCES, &c. TO WHICH 
 
 THE 11 & 12 VICT. C. 43 (JERVIS'S ACT), DOES 
 
 NOT EXTEND. 
 
 OBSERVATIONS. The Forms in this Chapter relative to Summary Convictions 
 are (with the exception of the few statements describing the Offences which it 
 has been deemed necessary to give) taken from the Statutes giving cognizance 
 of the particular Offences and matters, those Offences, &c., being exempted 
 from the operation of the 11 & 12 Viet. c. 43, by sect. 35 of that Statute; but 
 where the particular Act of Parliament does not give the required Forms (and 
 where so given has been stated), the General Outlines in Chap. 1 , ante, 23 65, 
 may be safely used. 
 
 APPRENTICES. 
 
 The Forms under this tide of the " Synopsis" will be found in Chap. II., 
 ante, pp. 72 to 77. 
 
 BEERHOUSES. 
 
 The general and other Forms under the title " Excise" post, p. 218, 
 &c. will apply to the few offences under this title and chapter of the 
 " Synopsis," p. 258. 
 
 CUSTOMS. 
 
 FORMS. IN THE SCHEDULE TO 8 & 9 VICT. c. 87. 
 1 . Information before Justices of the Peace where a pecuniary Penalty is Oke's Synop. 
 
 inflicted. 2nd ed., tit 
 
 County of ~\ Be it remembered, that on the day of , in the " Smuggling," 
 
 > year of our Lord , at , A . B., an officer of customs, P' 276 to 289. 
 
 to wit. J who is directed by the commissioners of her Majesty's cus- 
 toms to prefer this information, gives us , two of her Majesty's jus- 
 tices of the peace in and for the , to understand and be informed that 
 
 C. D., within six months now last past, that is to say, on the day of 
 
 , in the year of our Lord [here state the offence], contrary to 
 
 the form of the statute in that case made and provided, whereby the said 
 C. D. hath forfeited for his said offence the sum of pounds. 
 
 2. Warrant of Commitment to Gaol for a pecuniary Penally. 
 
 To. A. B., officer of customs, and to the gaoler or keeper of the , 
 
 at , in the . 
 
 County of } Whereas C. D. has this day been duly convicted before us, 
 
 J- , two of her Majesty's justices of the peace in and for 
 
 to wit. ) , upon the information of A. B., an officer of customs, 
 
 who was directed by the commissioners of her Majesty's customs to prefer 
 
 the same, for that, within six months now last past, to wit, on the 
 
 day of , in the year of our Lord [here state the offence as in the 
 
 information] : and whereas we the said justices did adjudge that the said 
 
 C. D. had forfeited for his said offence the sum of pounds, which 
 
 said sum of pounds has not been paid : These are therefore to require
 
 216 Summary Convictions and Orders. [PART i. 
 
 you the said A. B. forthwith to take, carry and convey the said C. D. to 
 
 the , at , in the , and to deliver him in to the custody of the 
 
 gaoler or'keeper of the said ; and we the said justices do hereby 
 
 authorize and require you, the said gaoler or keeper of the said gaol, to 
 receive and take the said C. D. into your custody, and him safely to keep 
 
 until he shall duly pay the said sum of pounds. Given under our 
 
 hands and seals at , this day of , in the year of our Lord 
 
 3. Conviction for a pecuniary Penalty. 
 County of } Be it remembered, that on the day of , in the 
 
 > year of our Lord , at , an information was exhi- 
 
 to wit. ) bited by A. B., an officer of customs, who was directed by 
 
 the commissioners of her Majesty's customs to prefer the same before us 
 
 , two of her Majesty's justices of the peace in and for the , 
 
 against C. D., which said information charged that the said C. D., within 
 
 six months then last past, that is to say, on the day of , in the 
 
 year of our Lord [Acre state the offtnce as in the information], con- 
 trary to the form of the statute in that case made and provided, whereby 
 
 the said C. D. had forfeited for his said offence the sum of pounds, 
 
 which offence [has been duly proved before us the said justices, or the 
 party has confessed himself to be guilty of, as the case may be] : we the 
 said justices do therefore convict the said C. D. of the said offence, and do 
 adjudge that the said C. D. hath forfeited for his said offence the sum of 
 
 pounds. Given under our hands and seals at , the day 
 
 of , in the year of our Lord . 
 
 4. Information before Justices of the Peace where the Penally of Hard 
 Labour is inflicted. 
 
 County of ^ Be it remembered, that on the day of , in the 
 
 y year of our Lord , at , A. B., an officer of customs, 
 
 to wit. * who is directed by the commissioners of her Majesty's cus- 
 toms to prefer this information, gives us , two of her Majesty's jus- 
 tices of the peace in and for , to understand and be informed that 
 
 C. D., within six months now last past, that is to say, on the day 
 
 of , in the year of our Lord one thousand eight hundred and 
 
 [here state the offence], contrary to the form of the statute in that case 
 made and provided, whereby the said C. D. hath for his said offence 
 become liable to be imprisoned in a house of correction, and there kept to 
 hard labour, for any term not leas than six nor greater than nine calendar 
 months. 
 
 5. Conviction for the Penalty of Hard Labour. 
 County of ^ Be it remembered, that on the day of , in the 
 
 /year of our Lord , at , an information was exhi- 
 
 to wit. ) bited by A. B., an officer of customs, who was directed by the 
 
 commissioners of her Majesty's customs to prefer the same before us , 
 
 two of her Majesty's justices of the peace in and for , against C. D., 
 
 which said information charged that the said C. D., within six months 
 
 then last past [that is to say], on the day of , in the year of 
 
 our Lord [here stutethe offence as in the information], contrary to the 
 
 form of the statute in that case made and provided, whereby the said C. D. 
 had for his said offence become liable to be imprisoned in a house of cor- 
 rection, and there kept to hard labour for any term not less than six nor 
 greater than nine calendar months, which offence [has been duly proved 
 before us the said justices, or the party has confessed himself to be guilty 
 of, as the case may be~] : we the said justices do therefore convict the said
 
 CHAP, in.] CUSTOMS. 217 
 
 C. D. of the said offence, and do adjudge that the said C. D. shall for his 
 
 said offence be imprisoned in the house of correction at , in the county 
 
 of , and be there kept to hard labour for the period of calendar 
 
 months. Given under our hands and seals at , this day of 
 
 , in the year of our Lord . 
 
 6. Warrant of Commitment for the Penalty of Hard Labour. 
 To A. B., an officer of customs, and to the gaoler or keeper of the 
 
 house of correction at , in the county of . 
 
 Couuty of 1 Whereas C. D. has been this day duly convicted before 
 
 >us , two of her Majesty's justices of the peace in 
 
 to wit. j and for the , upon the information of A. B., an officer 
 
 of customs, who was directed by the commissioners of her Majesty's 
 customs to prefer the same, for that within six months now last past, 
 
 to wit, on the day of , in the year of our Lord [here state 
 
 the offence as in the information] : and whereas we the said justices 
 did adjudge that the said C. D should for his said offence be im- 
 prisoned in the house of correction at aforesaid, and be there 
 
 kept to hard labour for the term of calendar months : These are 
 
 therefore to require you the said A. B. forthwith to take, carry and 
 
 convey the said C. D. to the house of correction at , in the , 
 
 and deliver him into the custody of the gaoler or keeper of the said house 
 of correction ; and we the said justices do hereby authorize and require 
 you the said gaoler or keeper of the said house of correction to receive 
 and take the said C. D. into your custody, and to keep the said C. D. for 
 
 the said term of calendar months to hard labour. 
 
 Given under our hands and seals at , this day of , in 
 
 the year of our Lord . 
 
 7. TABLE OF FEES given in Schedule (A.) of 12 # 13 Viet. c. 90. 
 
 (Vide s. 26.) 
 In Cases summarily disposed of by One Justice. 
 
 s. d. 
 Convening justices in one or more detention cases on the 
 
 same day 026 
 
 Attendance in each case of detention for the same offence: 
 
 Where one person detained 050 
 
 two ditto 076 
 
 three or more ditto 0106 
 
 In Cases of Detention and Remand. 
 Convening justice in one or more detention cases on the same 
 
 day 026 
 
 Taking information of officer to ground warrant of detention 
 
 against one or more persons for the same offence, and oath 026 
 
 Warrant of detention for one defendant only 01 6 
 
 for each additional defendant .... 6 
 Convening justice to hear one or more cases on same day ..050 
 
 For every summons to witnesses, when required 020 
 
 For each information exhibited 026 
 
 For each witness examined, where examination does not ex- 
 ceed two folios, and oath 010 
 
 For every additional folio beyond two folios 008 
 
 Taking down prisoner's reply, if any, to charge 010 
 
 Recording conviction or acquittal 026 
 
 Warrant of commitment, and copy for revenue solicitor ..040
 
 218 Summary Convictions and Orders. [PART i. 
 
 . d. 
 Drawing and engrossing conviction on parchment to file, and 
 
 transmitting same to clerk of peace 060 
 
 In Cases where the Parties are proceeded against by Summons. 
 
 Convening justices to receive information, in one or more 
 
 cases for same day, when required by complainant ... 2 6 
 
 For each information exhibited ,026 
 
 Summons for defendant's appearance, and duplicate ... 3 
 Convening justices in one or more cases on same day, when 
 
 required by complainant 050 
 
 Each summons for witnesses (when required), and duplicate .020 
 For each witness examined, where examination does not ex- 
 ceed two folios, and oath 010 
 
 For every additional folio after the two first 008 
 
 Taking statement of party accused, when in writing ... 1 
 
 Recording conviction or acquittal 026 
 
 Warrant of commitment, and copy for revenue solicitor ..040 
 Drawing and engrossing conviction on parchment, to file, and 
 
 transmitting same to clerk of peace 060 
 
 GENERAL PROSECUTIONS AT THE INSTANCE OF THE COMMISSIONERS OF 
 
 CUSTOMS. 
 
 In Cases where Parties are brought before Justices for Offences 
 determinate at Sessions or Assizes. 
 
 Convening justices, when required 026 
 
 Information and oath to ground warrant or summons ... 2 6 
 Summons to compel party's appearance, and duplicate ... 3 
 
 Warrant for apprehension of offender 030 
 
 Taking depositions of witnesses, per folio 008 
 
 Copies ditto for revenue solicitor, when required, per folio ..004 
 
 Warrant of commitment 026 
 
 Recognizance to prosecute and give evidence 026 
 
 Recognizance to give evidence, whatever the number of wit- 
 nesses included therein 026 
 
 For each notice of recognizance to prosecute or give evidence .010 
 
 EXCISE. 
 
 *,* These Forms are taken from the 2nd volume of Burn's Justice, pp. 1013 
 to 1034, 29th edition. 
 
 I. Informations. 
 
 II. Summonses, Notices and Subpoena. 
 
 III. Convictions. 
 
 IV. Warrants, and Returns to Levy- Warrants. 
 
 V. Body and Search Warrants, $c. and Commitment. 
 
 I. INFORMATIONS. 
 1 . Formal Parts of Information for Recovery of a Penalty or Penalties 
 
 and Condemnation of a Seizure, exhibited before one Justice. 
 
 County of 1 Be it remembered, that on this [first] day of [January], 
 
 [Essex] Vin the year of our Lord [1830], at [Chelmsford], in the 
 
 to wit. ) county of [Essex], A. B., being one of his Majesty's officers 
 
 of excise, now here in his proper person, as well for his present Majesty
 
 CHAP, in.] EXCISE. 219 
 
 as for himself, exhibiteth to and before me E. F., Esquire, one of his 
 Majesty's justices of the peace in and for the said county of [Essex], 
 wherein the offence (a) hereinafter mentioned was committed, and where 
 the goods, commodities and chattels hereinafter mentioned were seized 
 on information (which same information is commenced and prosecuted 
 by order of the commisioners of excise (6),) and thereby informeth me the 
 said justice that within four months last past, to wit, on the [tenth] day 
 of [September], in the year of our Lord [1829], at [Witham], [here state 
 the offence with certainty, and not in the alternative, and then proceed as 
 follows] : and the said A. B., who sues as aforesaid, prayeth judgment 
 in the premises, and that he may have one moiety of the said penalty and 
 forfeiture, according to the form of the statute in such case made and 
 provided, and that the said C. D. may be summoned to answer the said 
 premises, and to make defence thereto. 
 
 Exhibited to and before me, ) A. B. 
 
 the day and year first above > 
 
 written, E. F. J 
 
 2. Formal Parts of Information for Recovery of a Penalty or Penalties 
 and the Condemnation of a Seizure, exhibited before two Justices. 
 
 County of ^ Be it remembered, that on this [first] day of [January], in 
 [Essex] Vthe year of our Lord [1830], at [Chelmsford], in the county 
 to wit. ) of [Essex], A. B., being one of his Majesty's officers of 
 excise, now here in his proper person, as well for his present Majesty as 
 for himself, exhibiteth to and before us E. F. and G. H., two of his 
 Majesty's justices of the peace for the said county wherein the offence 
 hereinafter mentioned was committed, and where the goods, commodities, 
 and chattels hereinafter mentioned were seized on information (which 
 same information is commenced and prosecuted by order of the commis- 
 sioners of excise,) and thereby informeth us, the said justices, that [here 
 state the offence with certainty, and not in the alternative,] whereupon the 
 said A. B. prayeth judgment in the premises, and that he may have one 
 moiety of the said penalty and forfeitures according to the form of the 
 statute in such case made and provided, and that the said C. D. may be 
 summoned to answer the said premises, and to make defence thereto. 
 Exhibited to and before us the l 
 
 day and year first above A. B. 
 
 written, E. F., G. H. 3 
 
 3. Formal Parts of Information for the Recovery of a Penalty or 
 
 Penalties, exhibited before one Justice. 
 
 County of } Be it remembered, that on this [first] day of [January], in 
 [Essex] Uhe year of our Lord [1830], at [Chelmsford], in the county 
 to wit. 3 f [Essex], A. B., being one of his Majesty's officers of 
 excise, now here in his proper person, as well for his present Majesty as 
 for himself, exhibiteth to and before me E. F., one of his Majesty's jus- 
 tices of the peace for the said county of [Essex], wherein the offence 
 hereinafter mentioned was committed, an information (which same infor- 
 mation is commenced and prosecuted by order of the commissioners of 
 excise,) and thereby informeth me, the said justice, that one C. D. [here 
 state the offence,] whereupon the said C. D. prayeth judgment in the pre- 
 
 (a) If more than one offence is stated in the information, insert the word 
 "several," and add an s to the word offence. 
 
 (fr) If the information be exhibited in England, insert the words, " commis- 
 sioners of excise," if in Scotland or Ireland, " commissioner and assistant com- 
 missioners of excise in Scotland," or " Ireland," as the case may be.
 
 220 Summary Convictions and Orders. [PART i. 
 
 mises, and that he may have one moiety of the said penalty [state the 
 sum], according to the form of the statute in such case made and pro- 
 vided, and that the said C. D. may be summoned to answer the said pre- 
 mises, and to make defence thereto. 
 
 Exhibited to and before me the 1 A. B. 
 
 day and year first above writ- s 
 
 ten, E. F. J 
 
 4. Formal Parts of Information for Recovery of a Penalty or Penalties 
 before one Justice for the County, Shire, Division, City, Town, or Place 
 where the Person committing the Offence or Offences is found. 
 
 [January], in 
 in the county 
 officers of ex- 
 cise, now here in his proper person, as well for his present Majesty as for 
 himself, exhibiteth to and before me E. F., one of his Majesty's justices of 
 the peace for the said county of [Essex], wherein C. D., the person com- 
 mitting the offence hereinafter mentioned is found, an information (which 
 same information is commenced and prosecuted by order of the commis- 
 sioners of excise,) and thereby informeth me, the said justice, that [here 
 state the offence,] and the said C. D. is now found in the said county of 
 [Essex], whereupon the said C. D. prayeth judgment in the premises, 
 and that he may have one moiety of the said penalty and forfeitures ac- 
 cording to the form of the statute in such case made and provided, and 
 that the said C. D. may be summoned to answer the said premises and to 
 make defence thereto. 
 
 Exhibited to and before me -\ A. B. 
 
 the day and year first f 
 above written, E. F. J 
 
 5. Before one Justice for the Condemnation of British Spirits, with Pack- 
 ages, Carriage, and Cattle, and the Recovery of the optional Penalty of 
 100, applicable to England (a). 
 
 County of ^ Be it remembered, that on the [first] day of [January], in 
 [Essex] Jthe year of our Lord [1830], at [Chelmsford], in the county 
 to wit. 'of [Essex], A. B., one of his Majesty's officers of excise, 
 now here in his proper person, as well for his present Majesty as for him- 
 self, exhibiteth to and before me E. F., Esquire, one of his Majesty's 
 justices of the peace for the said county of [Essex], wherein the offence 
 hereinafter mentioned was committed, and where the goods, commodities, 
 and chattels hereinafter mentioned were seized, an information (which 
 same information is commenced and prosecuted by order of the commis- 
 sioners of excise), and thereby informeth me, the said justice, that within 
 four calendar months last past, to wit, on the [tenth] day of [September] 
 in the year of our Lord [1829], at [Withamj, in the said county of 
 [Essex], one G. H., being then and there an officer of excise, did seize 
 and arrest, as forfeited, from one C. D., a certain large quantity, to wit, 
 twenty gallons of British spirits, contained in divers packages, to wit, 
 four bottles, and a certain carriage, to wit, a cart, and certain cattle, to 
 wit, one mule, then and there used in the removal of the said spirits ; the 
 same spirits, for that the said C. D. then and there knowingly had in 
 his custody and possession the said spirits, after the same had been re- 
 moved from the place where the same ought to have been charged with the 
 duty payable in respect thereof before either the duty to which the same 
 
 (a) See 7 & 8 Geo. 4. c. 53, s. 69.
 
 CHAP, in.] EXCISE. 221 
 
 was liable had been charged and paid, or secured to be paid, or such 
 spirits had been lawfully condemned as forfeited ; the said packages, for 
 that the same then and there contained the said spirits so forfeited as 
 aforesaid ; and the said carriage and cattle, for that the same were then 
 and there used in the removal thereof, contrary to the form of the statutes 
 in that case made and provided, whereby and by force of the statutes in 
 that case made and provided, the said spirits then and there became for- 
 feited, together with the said packages containing the same, and the said 
 carriage and cattle then and there used in the removal thereof, and the 
 said C. D., being the person so offending, hath forfeited and lost the sum 
 of 100, the said A. B., who sues as aforesaid, having elected and hereby 
 electing the said penalty of 100 in lieu and instead of treble the value 
 of such spirits, whereupon the said A. B. prayeth judgment in the pre- 
 mises, and that the said C. D. may be summoned to answer the said pre- 
 mises, and to make defence thereto. 
 
 Exhibited to and before me 1 A. B. 
 
 the day and year first / 
 
 above mentioned, E. F. ' 
 
 6. Before one Justice for the Condemnation of a Seizure not claimed. 
 
 County of) Be it remembered, that on this [first] day of [January], in 
 [Essex] , the year of our Lord [1830], at [Chelmsford], in the county 
 to wit. * of [Essex], A. B., being one of his Majesty's officers of 
 excise, now here in his proper person, as well for his present Majesty as 
 for himself, exhibiteth to and before me E. F., Esquire, one of his Ma- 
 jesty's justices of the peace for the said county of [Essex], where the 
 goods, commodities and chattels hereinafter mentioned were seized, an 
 information (which same information is commenced and prosecuted by 
 order of the commissioners of excise}, and thereby informeth me, the said 
 justice, that within four calendar months last past, to wit, on the [tenth] 
 day of [September], in the year of our Lord [1829], at [Witham], in 
 the said county of [Essex], one G. H., being then and there an officer 
 of excise, did seize and arrest as forfeited, from a certain person unknown, 
 as well to the said A. B. as to him the said G. H., a certain large quantity, 
 to wit, [twenty] gallons of [British] spirits, contained in divers packages, 
 to wit, [five bottles], and a certain carriage, to wit, a [cart], and certain 
 cattle, to wit, one [mule], then and there used in the removal of the said 
 spirits ; for that the said person so unknown as aforesaid then and there 
 knowingly had in his custody and possession the said spirits, after the 
 same had been removed from the place where the same ought to have 
 been charged with the duty payable in respect thereof, before either the 
 duty to which the same was liable had been charged and paid, or secured 
 to be paid, or such spirits had been lawfully condemned as forfeited ; and 
 for that the said packages then and there contained the said spirits so 
 forfeited as aforesaid, and for that the said carriage and cattle were then . 
 and there used in the removal thereof, contrary to the form of the statutes 
 in that case made and provided, whereby and by force of the statutes in that 
 case made and provided the said spirits then and there became forfeited, 
 together with the said packages containing the same, and the said carriage 
 and cattle then and there used in the removal thereof, whereupon the 
 said A. B. (no one appearing to claim the said goods, commodities and 
 chattels so seized as aforesaid), prayeth judgment in the premises. 
 
 Exhibited to and before me, ) A . B. 
 
 the day and year first > 
 
 above written, E. F. 3
 
 222 
 
 Summary Convictions and Orders. [PART I. 
 
 Exhibited be- 
 fore me this 
 [first] day of 
 [January, 
 1830.] 
 
 7. Before one Justice for Recovery of Double the Value of Duties 
 neglected to be paid. 
 
 County of ) Be it remembered, that on this [first] day of [January], in 
 [Essex] f the year of our Lord [1830], at [Chelmsford], in the county 
 
 to wit. 3 of [Essex], A. B., being one of his Majesty's officers of 
 excise, now here in his proper person, as well for his present Majesty as 
 for himself, exhibited to and before me C.D., one of his Majesty's justices 
 of the peace for the said county of [Essex], where the offence hereinafter 
 mentioned was committed, an information (which same information is 
 commenced and prosecuted by order of the commissioners of excise,) and 
 thereby informeth me the said justice, that one E. F., being before and 
 at and after the several times, and at the place in that behalf hereinafter 
 mentioned, a maltster and maker of malt, did within four calendar months 
 last past, that is to say, between the [first] day of [September] now last 
 past, and the [twentieth] day of [October] then next following, to wit, at 
 [Chelmsford], in the said county of [Essex], make divers, that is to say, 
 [ten thousand] bushels of malt, chargeable with certain duties of excise, 
 payable to his Majesty, by the statutes [if duly sought to be recovered is 
 imposed by one statute, cancel the s~\ in that case made and provided ; and 
 the same having been charged upon and incurred by the said E. F., he 
 thereby became indebted to his said Majesty in the sum of [120 : 10 : 6], 
 which [if the payment is accelerated by a demand, insert the words "having 
 been demanded," but if not, and the duties are payable, dash up this blank,~\ 
 having been demanded according to the directions of the statute in that 
 case made and provided, he ought, before the day of exhibiting this infor- 
 mation, to have paid and cleared off, but hath omitted and neglected so 
 to do, contrary to the form of the statute in such case made and provided, 
 whereby and by force of the statute in that case made and provided, 
 he hath forfeited double the value of the said duties, that is to say, 
 the sum of [120: 10 :6], whereupon the said A. B. prayeth judgment 
 in the premises, and that the said C. D. may be summoned to answer the 
 said premises, and to make defence thereto. 
 
 Exhibited to and before me, -j A. B. 
 
 the day and year first v 
 above written, E. F. j 
 
 Of late a printed form of information, or rather informations, against 
 several offenders, for several distinct offences, committed at different 
 times, has been issued, with a form, printed on the back of one conviction 
 against several offenders for several distinct offences. These forms may 
 be used as minutes, and the formal convictions may afterwards be drawn 
 up fully. But it may be safer to adopt at once separate informations and 
 convictions, when time will allow. 
 
 See the Form of such information, infra, No. 8, and the Form of such 
 conviction, post, No. 19. 
 
 8. Against several Persons for several distinct Offences. 
 
 County of ^ Be it remembered, that on this [first] day of [January], 
 
 [Essex] >in the year of our Lord [1830], at [Chelmsford], in the 
 
 to wit. 3 county of [Essex], A. B., one of his Majesty's officers of 
 
 excise, as well for his said Majesty as for himself, exhibiteth to and before 
 
 me, E. F., one of his Majesty's justices of the peace for the said county of 
 
 [Essex], wherein the several offences in the fourth column of the here- 
 
 under scheme or schedule were respectively committed, and the goods and 
 
 chattels mentioned in the fifth column of the said scheme or schedule were
 
 CHAP. III.] 
 
 EXCISE. 
 
 223 
 
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 224 Summary Convictions and Orders. [PART i. 
 
 9. Under Beer Act, 4 $ 5 Will. 4, c. 85, s. 17, for selling Beer, not 
 having an Excise Licence. 
 
 To C. D. 
 
 County of } You are hereby to take notice that A. B., officer of excise, 
 [Essex] [having on the day of the date of this summons exhibited to 
 to wit. Jand before me, E. F. Esq., one of his Majesty's justices of 
 the peace for the said county of [Essex], at [ChelmsfordJ, in the said 
 county, an information by order of the commissioners of excise against 
 you, for the forfeiture of 20 of lawful money of Great Britain, for that 
 within four calendar months (a) now last past, to wit, on the [thirtieth] 
 day of [October], in the year of our Lord [1835], at [North Waltham], 
 in the said county of [Essex], you, the said [Sarah Barrett], then and 
 there being a person not duly licensed to sell beer, cyder and perry, as 
 the keeper of a common inn, alehouse, or victualling house, did sell a 
 certain quantity, to wit, [one quart] of beer by retail, to be drunk and 
 consumed in and upon your house and premises where sold, without an 
 excise licence in force, authorizing you, the said [Sarah Barrett] so to do, 
 contrary to the form of the statute in such case made and provided, 
 whereby, and by force of the statute in that case made and provided, you, 
 the said [Sarah Barrett], being the person so offending as aforesaid, hath 
 for the said offence forfeited the sum of [20]. And you will further take 
 notice, that I have appointed that all parties shall be heard of and con- 
 cerning the matter and matters of fact in the said information mentioned 
 and alleged, on the [tenth] day of [January] now instant, at [eleven] of 
 the clock in the [forenoon] of the said day, at the house of W. R., being 
 an inn and public-house known by the sign of the [Bell], at [Chelmsford], 
 in the said county of [Essex] ; at which time and place you are hereby 
 required to be and appear before such of his Majesty's justices of the peace 
 for the said county as shall be then and there present and have jurisdiction 
 to hear and determine the same, then and there to make your defence in 
 and to the matters contained in the said information ; but, though you fail 
 therein, the said last-mentioned justices (at the time and place in that 
 behalf before mentioned) will proceed to the examination of the matter 
 and matters of fact in the said information mentioned and alleged, and 
 thereupon then and there give judgment and sentence as in and by the 
 statute in that case made and provided is directed. And I do hereby 
 authorize and require any officer of excise to serve this summons (b), and 
 to attend at the time and place in that behalf before mentioned, then and 
 there to make a return of the execution hereof. Given under my hand at 
 [Chelmsford], in the said county of [Essex], this [first] day of [January], 
 in the year of our Lord [1830]. 
 
 II. SUMMONSES, NOTICES AND SUBPCENA. 
 
 10. Formal Paris of Summons for the Recovery of a Penalty or Pe- 
 nalties, and the Condemnation of a Seizure, when Information exhi- 
 bited before one Justice of the Peace for the County, fyc. where Offence 
 or Offences committed (c). 
 
 To C. D. 
 
 County of ^ You are hereby to take notice, that A. B., officer of excise, 
 [Essex] >having on the day of the date of this summons exhibited to 
 to wit. Jand before me, E. F., Esquire, one of his Majesty's justices 
 
 (a) This is requisite by 4 & 5 Will. 4. c. 51, s. 19. 
 
 (6) The 4 & 5 Will. 4, c. 85, s. 22, prohibits any one but a constable from 
 serving a summons. 
 
 (c) This is required by the 7 & 8 Geo. 4, c. 53, s. 66.
 
 CHAP, in.] EXCISE. 225 
 
 of the peace for the said county of [Essex], at [Chelmsford], in the said 
 county, an information by order of the commissioners of excise against 
 you, for the forfeiture of the sum of [100], and also for the forfeiture of 
 certain goods and chattels, to wit, [fifty gallons of British spirits], for 
 that [state the legal ground of forfeiture], and also for the forfeiture of 
 the further sum of [100], and also for the forfeiture of certain other 
 goods and chattels, to wit, &c. [name them"], for that [state the legal 
 ground of forfeiture^ : 1 have appointed that all parties shall be heard of 
 and concerning the matter and matters of fact In the said information 
 mentioned and alleged, on the [tenth] day of [January] now instant, at 
 [eleven] o'clock in the [forenoon] of the said day, at the house of W. R., 
 being an inn and public-house known by the sign of the [Bell], at 
 [Chelmsford], in the said county of [Essex] ; at which time and place 
 you are hereby required to be and appear before such of his Majesty's 
 justices of the peace for the said county as shall be then and there pre- 
 sent, and have jurisdiction to hear and determine the same, then and 
 there to make your defence in and to the matters contained in the said 
 information ; but though you fail therein, the said last-mentioned jus- 
 tices (at the time and place in that behalf before mentioned) will proceed 
 to the examination of the matter and matters of fact in the said informa- 
 tion mentioned and alleged, and thereupon then and there give judgment 
 and sentence as in and by the statute in that case made and provided is 
 directed : And I do hereby authorize and require any officer of excise to 
 serve this summons, and to attend at the time and place in that behalf 
 before mentioned, then and there to make a return of the execution 
 hereof. Given under my hand at [Chelmsford], in the said county of 
 [Essex], this [first] day of [January], in the year of our Lord [1830]. 
 
 11. Formal Parts of Summons for the Recovery of a Penalty or Penalties, 
 and the Condemnation of a Seizure, when before two Justices for the 
 County, Ssc. where Offence or Offences committed. 
 
 To C. D. 
 
 County of 1 You are hereby to take notice, that A. B., officer of excise, 
 [Essex] > having on the day of the date of this summons, exhibited to 
 to wit. j and before us, E. F. and G. H., Esquires, two of his Ma- 
 jesty's justices of the peace for the said county of [Essex], at [Chelms- 
 ford], in the said county, an information, by order of the commissioners 
 of excise, against you, for the forfeiture of the sum of [100], and also 
 for the forfeiture of certain goods and chattels, to wit, [fifty gallons of 
 British spirits] for that [state the legal ground of forfeiture], and also for 
 the forfeiture of the further sum of [100J, and also for the forfeiture of 
 certain other goods and chattels, to wit, &c. [name theni] for that [state 
 the legal ground of forfeiture], We have appointed that all parties 
 shall be heard of and concerning the matter and matters of fact in the 
 said information mentioned and alleged, on the [tenth] day of [January] 
 now instant, at [eleven] of the clock in the [forenoon] of the same day, 
 at the house of W. R., being an inn and public-house known by the name 
 of the [Bell], at [Chelmsford], in the said county of [Essex], at which 
 time and place you are hereby required to be and appear before such of 
 his Majesty's justices of the peace for the said county as shall be then 
 and there present and have jurisdiction to hear and determine the same, 
 then and there to make your defence in and to the matters contained in 
 the said information ; but though you fail therein, the said last-men- 
 tioned justices (at the time and place in that behalf before mentioned) 
 
 Q
 
 226 Summary Convictions and Orders. [PART i. 
 
 will proceed to the examination of the matter and matters of fact in the 
 said information mentioned and alleged, and thereupon then and there 
 give judgment and sentence, as in and by the statute in such case made 
 and provided is directed : And we do hereby authorize and require any 
 officer of excise to serve this summons, and to attend at the time and 
 place in that behalf before mentioned, then and there to make a return 
 of the execution hereof. Given under our hands at [Chelmsford], in the 
 said county of [Essex], this [first] day of [January], in the year of our 
 Lord [1830]. 
 
 12. Formal Parts of Summons for the Recovery of a Penalty or Penalties 
 when before one Justice for the County, <"c. where Offence or Offences 
 committed. 
 
 To C. D. 
 
 County of ^ You are hereby to take notice, that A. B., officer of 
 [Essex] Jexcise, having on the day of the date of this summons, 
 to wit. 5 exhibited to and before me, E. F., Esquire, one of his 
 Majesty's justices of the peace for the said county of [Essex] at [Chelms- 
 ford], in the said county, an information, by order of the commissioners 
 of excise, against you, for the forfeiture of the sum of [100] for that 
 [state the legal ground of forfeiture], and also for the forfeiture of the 
 further sum of [100], for that, [state the legal ground of forfeiture] : 
 I have appointed that all parties shall be heard of and concerning the 
 matter and matters of fact in the said information mentioned and alleged, 
 on the [tenth] day of [January] now instant, at [eleven] of the clock in 
 the [forenoon] of the said day, at the house of W. R., being an inn and 
 public-house known by the sign of the [Bell], at [Chelmsford], in the 
 said county of [Essex] ; at which time and place you are hereby required 
 to be and appear before such of his Majesty's justices of the peace for the 
 said county as shall be then and there present, and have jurisdiction to 
 hear and determine the same, then and there to make your defence in and 
 to the matters contained in the said information ; but though you fail 
 therein, the said last-mentioned justices (at the time and place in that 
 behalf before mentioned) will proceed to the examination of the matter 
 and matters of fact in the said information mentioned and alleged, and 
 thereupon then and there give judgment or sentence as in and by the 
 statute in such case made and provided is directed : And I do hereby 
 authorize and require any officer of excise to serve this summons, and to 
 attend at the time and place in that behalf before mentioned, then and 
 there to make a return of the execution hereof. Given under my hand, 
 at [Chelmsford], in the said county of [Essex], this [first] day of [Janu- 
 ary], in the year of our Lord [1830]. 
 
 13. Formal Parts of Summons for the Recovery of a Penalty or Penalties 
 exhibited before one Justice for the County, <c. where the Person com- 
 mitting the Offence or Offences is found. 
 
 To C. D. 
 
 County of p You are hereby to take notice, that A. B., officer of 
 
 [Essex] C excise, hath, on the day of the date of this summons, at 
 
 to wit. ) [Chelmsford], in the county of [Essex], exhibited, by order 
 
 of the commissioners of excise, to and before me, E. F., Esquire, one of 
 
 his Majesty's justices of the peace for the said county of [Essex], wherein 
 
 you, the said C. D., being the person who committed the several offences
 
 CHAP, in.] EXCISE. 227 
 
 hereinafter mentioned was found, an information against you and thereby 
 informeth me, the said justice, that [state the grounds of the information], 
 and that you, the said C. D. are now found in the said county of [Essex] : 
 And you will further take notice, that I have appointed that all parties 
 shall be heard of and concerning the matter and matters of fact in the 
 said information mentioned and alleged, on the [tenth] day of [January] 
 now instant, at [eleven] of the clock in the [forenoon] of the said day, at 
 the house of W. R., being an inn and public-house, known by the sign of 
 the [Bell], at [Chehnsford], in the said county of [Essex] ; at which 
 time and place you are hereby required to be and appear before such of 
 his Majesty's justices of the peace for the said county of [Essex] as shall 
 be then and there present, and have jurisdiction to hear and determine 
 the same, then and there to make your defence in and to the matters 
 contained in the said information ; but, though you fail therein, the said 
 last-mentioned justices (at the time and place in that behalf before men- 
 tioned,) will proceed to the examination of the matter and matters of fact 
 in the said information mentioned and alleged, and thereupon then and 
 there give judgment and sentence, as in and by the statute in that case 
 made and provided is directed : And I do hereby authorize and require 
 any officer of excise to serve this summons, and to attend at the time and 
 place in that behalf before mentioned, then and there to make a return of 
 the execution hereof. Given under my hand at [Chelmsford], in the 
 said county, this [first] day of [January], in the year of our Lord 
 [1830J. 
 
 14. Summonsupon an Information before one Justice for the Condemnation 
 of British Spirits, with Packages, Carriage and Cattle, and the Recovery 
 of the optional Penalty o/'lOO, applicable to England. 
 
 To C. D. 
 
 County of 1 You are hereby to take notice, that A. B., officer of 
 [Essex] > excise, hath, on the day of the date of this summons, at 
 to wit. ) [Chelmsford], in the county of [Essex], exhibited, by 
 order of the commissioners of excise, to and before me, E. F., Esquire, 
 one of his Majesty's justices of the peace for the said county of [Essex], 
 wherein the offence hereinafter mentioned was committed, and where the 
 goods, commodities and chattels hereinafter mentioned were seized, an 
 information against you for the forfeiture of certain goods, commodities 
 and chattels; that is to say, a certain large quantity, to wit [twenty 
 gallons of British spirits], contained in divers packages, to wit [four 
 bottles], and a certain carriage, to wit, [a cart], and certain cattle, to wit, 
 [one mule], used in the removal of the said spirits, and also the sum 
 of [100]; and thereby informeth me that, within four calendar months 
 last past, to wit, on the [tenth] day of [January], in the year of our Lord 
 [1831], at [Chelmsford], in the said county of [Essex], one J. W., being 
 then and there an officer of excise, did seize and arrest, as forfeited from 
 you, the said C. D., the said spirits, contained in the said packages, and 
 the said carriage and cattle then and there used in the removal of the said 
 spirits; the same spirits, for that you, the said C. D., then and there 
 knowingly had in your custody and possession the said spirits, after the 
 same had been removed from the place where the same ought to have 
 been charged with the duty payable in respect thereof, before either the 
 duty to which the same was liable had been charged and paid, or secured 
 to be paid, or such spirits had been lawfully condemned as forfeited ; the 
 said packages, for that the same then and there contained the said spirits 
 
 Q2
 
 228 Summary Convictions and Orders. [PART i. 
 
 so forfeited as aforesaid ; and the .said carriage and cattle, for that the 
 same were then and there used in the removal thereof, contrary to the 
 form of the statute in that case made and provided, whereby, and by 
 force of the statute in that case made and provided, the said spirits then 
 and there became forfeited, together with the said packages containing 
 the same, and the said carriage and cattle then and there used in the 
 removal thereof; and you, the said C. D., being the person so offending, 
 have forfeited and lost the said sum of [100], the said A. B., who sues 
 as aforesaid, having elected and thereby electing the said penalty of 
 [100] in lieu and instead of treble the value of such spirits; and you 
 will further take notice, that J have appointed that all parties shall be 
 heard of and concerning the matter and matters of fact in the said infor- 
 mation mentioned and alleged on the [tenth] day of [February] now 
 instant, at [eleven] of the clock in the [forenoon] of the said day, at the 
 house of W. R., being an inn and public-house, known by the sign of the 
 [Bell], at [Chelmsford], in the county of [Essex], at which time and 
 place you are hereby required to be and appear before such of his 
 Majesty's justices of the peace for the said county as shall be then and 
 there present, and have jurisdiction to hear and determine the same, then 
 and there to make your defence in and to the matters contained in the said 
 information ; but, though you fail therein, the said last-mentioned justices 
 (at the time and place in that behalf before mentioned) will proceed to 
 the examination of the matter and matters of fact in the said information 
 mentioned and alleged, and thereupon then and there give judgment and 
 sentence, as in and by the statute in that case made and provided is 
 directed ; and I do hereby authorize and require any officer of excise to 
 serve this summons, and to attend at the time and place in that behalf 
 before mentioned, then and there to make a return of the execution 
 hereof. Given under my hand, at [Chelmsford], in the said county of 
 [Essex], this [first] day of [February], in the year of our Lord [1830.] 
 
 15. Notice of Hearing of Information, to be affixed on the Outside of the 
 Excise Office, next to the Place of Seizure, when Seizure nut claimed (). 
 
 To all whom it may concern. 
 
 County of l Take notice, that A. B., officer of excise, having seized, 
 rT? """"~ 1 /on the [first] day of [January] now instant, at [Chelms- 
 .'ford], in the county of [Essex], divers goods, commodities 
 
 [Essex] 
 to wit. 
 
 (a) See the 7 & 8 Geo. 4, c. 53, s. 66. 1st. The officer of excise, by whom 
 the seizure was made, must cause this notice to be affixed on some conspicuous 
 part of the outside of the office of excise, next or nearest to the place where 
 such seizure was made, during any market day after the expiration of six days 
 from the day of seizure; and, 2nd, the time appointed in such notice for the 
 hearing of the case must not be less than nine days from the date of such notice, 
 which should be affixed the day it is dated. If it is doubtful which of two 
 market towns is the next to the place of seizure, it will be prudent to request 
 the justice to sign three notices, and to affix one on the outside of the excise 
 office in each of such towns, and, making a memorandum thereof on the third, 
 keep it, to produce and prove at the hearing when the others were affixed. If 
 there is no such doubt, the justice need only be requested to sign two.such 
 notices, one to affix and one to keep to produce at the hearing, and prove when 
 the other was affixed. If any one at the hearing claim the goods, he must, of 
 course, be heard ; and if he tenders any witnesses, they, as well as the witnesses 
 tor the crown, must be examined.
 
 CHAP, in.] EXCISE. 229 
 
 and chattels, to wit, [twenty gallons of British spirits], [three bottles], 
 [one cart], and [one mule], by virtue of a certain act of parliament 
 relating to the revenue of excise, and no person appearing to claim the 
 said goods, commodities and chattels so seized as aforesaid, and an infor- 
 mation having this day been exhibited at [Chelmsford], in the said 
 county of [Essex], before me, one of his Majesty's justices of the peace 
 for the said county of [Essex], within whose jurisdiction such seizure was 
 made, for the condemnation thereof, that two of his Majesty's justices of 
 the peace for the county of [Essex], within whose jurisdiction such 
 seizure was made, and who have jurisdiction to hear and determine the 
 matter of the said seizure, will, by virtue of the statute in that case made 
 and provided, on the [seventeenth] day of [January] instant, at [eleven] 
 of the clock in the [forenoon] of the said day, at the house of W. R., 
 being an inn and public-house, known by the sign of the [Bell], at 
 [Chelmsford], in the said county of [Essex], proceed to the hearing and 
 adjudging of the matter of such seizure, and examine into the cause 
 thereof, and give judgment accordingly. Dated at [Chelmsford], in the 
 said county of [Essex], this [eighth] day of [January], in the year of our 
 Lord [1830] 
 
 16. Summons on Information before one Justice for Recovery of double 
 the Value of Duties neglected to be paid (a). 
 
 To C. D. 
 
 County of } You are hereby to take notice, that A. B., officer of 
 [Essex] > excise, having, on the day of the date of this summons, ex- 
 to wit. j hibited to and before me, E. F., Esquire, one of his Majesty's 
 justices of the peace for the county of [Essex], at [Chemsford], in the 
 said county, an information, by order of the commissioners of excise, 
 against you, for the forfeiture of a certain large sum of money, to wit, the 
 sum of [100], the same being double the value of certain duties of ex- 
 cise charged upon and incurred by you, for that you, being before and at 
 and after the several times, and at the place in that behalf hereinafter 
 mentioned, a [maltster and maker of malt], did, within [four months] last 
 past, that is to say. between the [first] day of [September] now last past, 
 and the [twentieth] day of October then next following, to wit, at 
 [Chelmsford], in the said county of [Essex], make divers, that is to say, 
 [ten thousand] bushels of malt, chargeable with certain duties of excise, 
 payable to his said Majesty, by the statutes in that case made and pro- 
 vided; and the same having been charged upon and incurred by you, 
 you thereby became indebted to his said Majesty in the sum of 
 [50 : 2 : 8] ; which (having been demanded) according to the directions 
 of the statute in that case made and provided, you ought, before the day 
 of exhibiting the said information, to have paid and cleared off; but you 
 have omitted and neglected so to do, contrary to the form of the statute 
 in that case made and provided, whereby, and by force of the statute 
 in that case made and provided, you have forfeited double the value of 
 the said duties; that is to say, the said sum of [100] : I have appointed 
 that all parties shall be heard of and concerning the matter and matters 
 of fact in the said information mentioned and alleged on the [tenth] day 
 of [January] now instant, at [eleven] of the clock in the [forenoon] of 
 the said day, at the house of W. K., being an inn and public-house 
 known by the sign of the [Bell], at [Chelmsford], in the said county of 
 [Essex] ; at which time and place you are hereby required to be and 
 
 (a) See the 7 & 8 Geo. 4, c. 53, s. 66, as to time and mode of service.
 
 230 Summary Convictions and Orders. [PART i. 
 
 appear before such of his Majesty's justices of the peace for the said 
 county as shall be then arid there present, and have jurisdiction to hear 
 and determine the same, then and there to make your defence in and to 
 the matters contained in the said information ; but, though you fail 
 therein, the said last-mentioned justices (at the time and place in that 
 behalf before mentioned), will proceed to the examination of the matter 
 and matters of fact in the said information mentioned and alleged, and 
 thereupon then and there give judgment or sentence, as in and by the 
 statute in such case made and provided is directed; and I do hereby 
 authorize and require any officer of excise to serve this summons, and to 
 attend at the time and place in that behalf before mentioned, then and 
 there to make a return of the execution thereof. Given under my hand, 
 at [Chelmsford], in the said county of [Essex], this [first] day of 
 [January], in the year of our Lord [1830]. 
 
 17. Summons or Subpcenafor the Attendance of Witnesses to give 
 Evidence before Justices of the Peace (b). 
 
 To I. K. 
 
 County of ) You are hereby required by me, E. F., Esquire, one of 
 [Essex] > his Majesty's justices of the peace for the county of [Essex], 
 to wit. ) personally to be and appear on the [tenth] day of [January] 
 now instant, at ("eleven] of the clock in the [forenoon] of the same day, 
 at the house of W. R., being an inn and public-house known by the sign 
 of the [Bell], at [Chelmsford], in the said county of [Essex], before such 
 of his Majesty's justices of the peace for the said county of [Essex], 
 having jurisdiction in the mattter, as shall be then and there present, and 
 who will then and there hear, adjudge and determine a certain informa- 
 tion there depending, exhibited under a certain act of parliament relating 
 to the revenue of excise, by A. B., officer of excise, who sues as well for 
 his said Majesty as for himself, against C. D., then and there to give 
 evidence, and then and there to testify the truth according to your know- 
 ledge of any facts alleged in such information, or touching or relating 
 thereto; but if you fail therein, you, by the statute in that case made 
 and provided, will forfeit [50]. Dated at [Chelmsford], in the said 
 county of [Essex], this [first] day of [January], in the year of our Lord 
 [1830]. 
 
 III. CONVICTIONS. 
 
 18. Formal Parts of Conviction us given by the 3 Geo. 4, c. 23. 
 County [or as the ^ Be it remembered, that on the - day of - , 
 case may be] >in the year of our Lord - , at - , in the [county] 
 of - . 3 of - , A. B. of - , in the [county] of -- , 
 [labourer, or as the case may be], personally came before us C. D. and 
 E. F., two of his Majesty's justices of the peace in and for the said 
 [county], and informed us that G. H. of - , in the said [county] of 
 - , on the - day of - , at - , in the said [county], did [here 
 set orth the act or w 
 
 , - ay o - , at - , n te sa county, ere 
 
 orth the fact for which the information is laid], contrary to the form 
 of the statute in such case made and provided ; whereupon the said G. H., 
 r bein dul sum 
 
 See the 7 & 8 Geo. 4, c. 53, s. 74.
 
 CHAP, in.] EXCISE. 231 
 
 us the said justices on the day of , at in the said [county], 
 
 and having heard the charge contained in the said information, declared 
 he was not guilty of the said offence [or as the case may happen to be, 
 did not appear before us, &c., pursuant to the said summons, or did 
 neglect and refuse to make any defence against the said charge] ; where- 
 upon we, &c., [or, nevertheless we the said justices did proceed to ex- 
 amine into the truth of the charge contained in the said information, and 
 
 on the day of aforesaid, at the parish of aforesaid, one 
 
 credible witness, to wit, A. W. of , in the [county'] of , upon 
 
 his oath deposeth and saith [_//' G. H. be present, nay, in the presence and 
 hearing of the said G. H.], that within three months [or as the case may 
 be] next before the said information was made before us the said justices 
 
 by the said A. B., to wit, on the day of , in the year , 
 
 the said G. H. at , in the said [county] of [here state the evi- 
 dence, and as nearly as possible in the words used by the witness ; and, if 
 more than one witness be examined, state the evidence given by each ; or, if 
 the defendant confess, instead of stating the evidence, say], and the said 
 G. H. acknowledged and voluntarily confessed the same to be true; 
 therefore it manifestly appearing to us that he, the said G. H., is guilty 
 of the offence charged upon him in the said information, we do hereby 
 convict him of the offence aforesaid, and do declare and adjudge that he, 
 
 the said G. H., hath forfeited the sum of , of lawful money of 
 
 Great Britain, for the offence aforesaid, to be distributed [or paid, as the 
 case may be] according to the form of the statute in that case made and 
 
 provided. Given under our hands and seals, the day of , in the 
 
 year of our Lord . C. D. (L.S.) 
 
 E. F. (L.S.) 
 
 19. Conviction, or rather Minutes of Conviction, of several Offenders for 
 
 distinct Offences. 
 
 County of } At the time and place appointed for the hearing of the 
 [Essex] J several informations mentioned on the other side of this 
 to wit. -/paper, that is to say, on this [tenth day of January], at 
 [Chelmsford], in the said county of [Essex], the several persons named 
 in the first column of the scheme or schedule on the other side of this 
 paper, and also in the first column of the hereunder scheme or schedule, 
 do or do not respectively appear, as set forth in the second column of the 
 hereunder scheme or schedule; and their said several and respective 
 offences mentioned in the fourth column of the scheme or schedule on the 
 other side of this paper, and also in the third column of the hereunder 
 scheme or schedule, being respectively confessed, proved or not proved, 
 as expressed in the third column of the hereunder scheme or schedule, 
 \ve, justices of the peace for the said county, whose names are hereunto 
 subscribed, do convict, respite or acquit the said several persons of their 
 said several and respective offences, as stated in the fourth column of the 
 hereunder scheme or schedule. It is therefore now here considered and 
 adjudged by us, the said justices whose names are hereunto subscribed, 
 that the said several persons so named as above mentioned (if not acquitted 
 or respited) have, for their said several offences, respectively forfeited the 
 penalties and sums of money mentioned in the sixth column of the here- 
 under scheme or schedule; and that the goods and chattels mentioned in 
 the fifth column of the scheme or schedule on the other side of this paper, 
 and also in the fifth column of the hereunder scheme or schedule, are, for 
 the reasons in that behalf aforesaid, forfeited ; and which said penalties or 
 sums of money, if mitigated, we the said justices have now here mitigated 
 and lessened to the several and respective sums mentioned in the seventh
 
 232 
 
 Summary Convictions and Orders. 
 
 [PART i. 
 
 o-S 
 
 Zs 
 
 "0"= ^*S 
 
 S c S 1 i 
 
 eg 
 
 Seventh 
 Column. 
 
 OPn 3 > 
 
 l 
 
 S3SJOJJ 
 
 *, 
 
 rany 
 
 .-o 
 
 
 
 III 
 
 a> o o 
 
 a 
 
 T3 CO 
 3 ;- (U 
 U5 ~ QH 
 
 ^J 
 
 H
 
 CHAP, in.] EXCISE. 233 
 
 IV. WARRANTS AND RETURNS TO LEVY-WARRANTS. 
 
 20. Warrant by two Justices of the Peace for the Sale of Goods, fyc., 
 
 condemned (a). 
 
 To G. H. and J. K., officers of excise, or either of them. 
 County of } An information having been exhibited by A. B., officer of 
 [Essex] > excise, for the condemnation of the following goods, commo- 
 
 to wit. .Jdities, and chattels, seized and forfeited by virtue of the laws 
 and statutes relating to the revenue of excise, that is to say [enumerate the 
 goods, Sfc., condemned'], and the same having been condemned by two of 
 his Majesty's justices of the peace for the said county of [Essex], we, two 
 of his Majesty's justices of the peace for the said county of [Essex], do 
 hereby authorize you, or either of you, to sell the said goods, commodities 
 and chattels publicly to the best bidder, at such time and place, and in 
 such manner, as the commissioners of excise shall order and direct, under 
 and subject to such rules, regulations and provisions as are by any act or 
 acts of parliament in that behalf made and directed. Dated at [Chelms- 
 ford], in the county of [Essex], this [first] day of [January], in the year 
 of our Lord [1830]. 
 
 21. Common Levy-Warrant, granted by two Justices, on a Day subsequent 
 to the Hearing, against a Person not stated to be a Trader subject to the 
 Excise Laws, for a full Penalty. 
 
 To G. H. and J. K., officers of excise, or either of them. 
 County of ~\ We, whose hands are hereunto set, being two of his Ma- 
 [Essex] nesty's justices of the peace for the county of [Essex], do, in 
 to wit. j his Majesty's name, authorize and command you, every or any 
 of you, that ui>on the goods and chattels of C. D. you do levy the sum of 
 [70 : 4s. 5rf.], being a penalty recovered against the said C. D. by A. B., 
 officer of excise, who prosecuted, as well for our sovereign lord the king 
 as for himself, for a certain offence committed by the said C. D. against 
 the laws and statutes of excise, whereof the said C. D. was convicted 
 before and by the judgment of E. F., Esquire, and G. H., Clerk, two of his 
 Majesty's justices of the peace for the said county of [Essex], on the 
 [tenth] day of [January] last, with all reasonable charges and expenses 
 attending such levy (and which said judgment remains unsatisfied) ; and 
 for levying thereof we do hereby authorize and command you, every or 
 any of you, to seize and take the goods and chattels aforesaid, and either 
 to detain and keep the same in the place where the same shall respectively 
 be found, or to remove the same to the next office of excise ; and if 
 within [six] days next after such seizure the said penalty shall not be paid 
 or satisfied, then and in such case, so soon as conveniently may be after 
 the expiration of the said [six] days, to sell and dispose thereof, or of so 
 much thereof as will be sufficient to levy the said penalty of [70 : 4s. 5d.~], 
 with all reasonable charges and expenses attending such levy, and to 
 deduct the said penalty, charges, and expenses, out of the money arising 
 by such sale, and return the overplus, if any, of the said goods and chattels, 
 or any part thereof, or of the money arising from the sale thereof, or of 
 any part thereof, to the proprietor or proprietors of the said goods and 
 chattels, upon which such levy shall have been made, or to the person or 
 persons who shall be legally entitled thereto, and forthwith to pay the 
 
 (a) 7 & 8 Geo. 4, c. 53, ss. 86, 100. If goods subject to any duty of either 
 excise or customs are condemned, such duty not having been paid, they are not 
 to be sold for home consumption at a less price than the amount of the duty to 
 which they are subject ; 7 & 8 Geo. 4, c. 53, s. 101.
 
 234 Summary Convictions and Orders. [PART i. 
 
 said penalty to the collector of excise for the collection called [Rochester] 
 collection, for the time being, to be by him applied and answered for 
 according to the statute in such case made and provided. And all constables 
 and headboroughs of the said county are hereby required to be aiding and 
 assisting to you in the due execution hereof; but, in case there cannot be 
 found sufficient to levy the said penalty, with all reasonable charges and 
 expenses attending such levy, then and in such case you, by a return of 
 this warrant, are forthwith to certify the same to us, or some other justice 
 or justices of the peace for the said county of [Essex], having jurisdiction 
 therein. Given, &c. (6) 
 
 22. Common Levy- Warrant, granted by two Justices, on a Day subsequent 
 to the Hearing, against a Person not stated to be a Trader subject to the 
 Excise Laws, for a mitigated Penalty. 
 
 To G. H. and J. K., officers of excise, or either of them. 
 County of ~* We, whose hands are hereunto set, being two of his Ma- 
 [Essex] >jesty's justices of the peace for the county of [Essex], do, in 
 to wit. 'his Majesty's name, authorize and command you, every or 
 any of you, that upon the goods and chattels of C. D. you do levy the sum 
 of [j670 : 4s. 5d.~] (being a sum of money to which a certain penalty in- 
 curred by him has been mitigated), recovered against the said C D. by 
 A. B., officer of excise (who prosecuted as well for our sovereign lord the 
 king as for himself, for a certain offence committed by the said C. D. 
 against the laws and statutes of excise ; whereof the said C. D. was con- 
 victed before and by the judgment, of E. F., Esquire, and G. H., Clerk, 
 two of his Majesty's justices of the peace for the said county of [Essex], 
 on the [tenth] day of [January] last), with all reasonable charges and 
 expenses attending such levy (and which said judgment remains unsatis- 
 fied), and for levying thereof, we do hereby authorize and command you, 
 every or any of you, to seize and take the goods and chattels aforesaid, 
 and either to detain and keep the same in the place where the same shall 
 respectively be found, or to remove the same to the next office of excise ; 
 and if within [six] days next after such seizure, the said sum of [70 
 4s. 5dJ\ shall not be paid or satisfied, then and in such case, so soon as 
 conveniently may be after the expiration of the said [six] days, to sell and 
 dispose thereof, or of so much thereof as will be sufficient to levy the said 
 sum of [70 : 4s. 5rf.], with all reasonable charges and expenses attending 
 such levy, and to deduct the said sum of [70 : 4s. 5d.~\, and the said 
 charges and expenses, out of the money arising by such sale, and to return 
 the overplus, if any, of the said goods and chattels, or any part thereof, 
 or of the money arising from the sale thereof, or of any part thereof, to 
 the proprietor or proprietors of the said goods and chattels upon which 
 such levy shall have been made, or to the person or persons who shall be 
 legally entitled thereto, and forthwith to pay the said sum of [70 : 4s. 5d.~] 
 to the collector of excise for the collection called [Rochester] collection, 
 for the time being, to be by him applied and answered for according to 
 the statute in such case made and provided. And all constables and head- 
 boroughs of the said county are hereby required to be aiding and assisting 
 
 (6) In order to execute this warrant out of the jurisdiction of the justices 
 granting it, in any other county, shire, division, city, town or place, it is neces- 
 sary that a justice of the peace of such other county, shire, division, city, town 
 or place, should indorse his name on such warrant, and add, after his signature, 
 
 " one of his Majesty's justices of the peace for the [county] of ," as the case 
 
 may be ; but it is not necessary to prove, in order to justify his indorsing such 
 warrant, the handwriting of the justices granting the same.
 
 CHAP, in.] EXCISE. 235 
 
 to you in the due execution hereof; but in case there cannot be found suffi- 
 cient to levy the said sum of [70 : 4s. 5d.~\, with all reasonable charges 
 and expenses attending such levy, then and in such case you, by a return 
 of this warrant, are forthwith to certify the same to us, or some other 
 justice or justices of the peace for the said county of [Essex], having juris- 
 diction therein. Given, &c. (c) 
 
 23. Special Levy-Warrant, granted by the convicting Justices on the Day 
 of Hearing, against a Trader subject to the Excise Laws, convicted 
 in a full Penalty on an Information exhibited within the Jurisdiction 
 where the Offence was committed, for double Duty, or for any other 
 Penalty, for an Offence against the Excise Laws. 
 
 To G. H. and J. K., officers of excise, or either of them. 
 County of "1 Whereas on this day, C. D., being a person carrying on 
 [Essex] the trade and business of a [maltster and maker of malt], 
 to wit. 3 the same being a trade and business under and subject to 
 the laws and statutes of excise, hath been duly convicted by and before 
 us E. F., Esquire, and G. H., Clerk, two of his majesty's justices of 
 the peace in and for the county of [Essex], by the judgment of us the 
 said justices, of an offence heretofore committed in the same county, 
 by him the said C. D., being then a person carrying on the said 
 trade and business, and the same trade and business being then under 
 and subject to the laws and statutes of excise, against a certain 
 act of parliament relating to the revenue of excise, in the penalty of 
 [70 : 4s. 5d.~\, incurred by him for the said offence, under and by virtue 
 of the said act, which said penalty was, by the said conviction and judg- 
 ment of us the said justices, recovered against the said C. D. by A. B., 
 officer of excise, who prosecuted as well for our sovereign lord the king 
 as for himself in that behalf: Now we the said justices do, in his 
 Majesty's name, authorize and command you, every or any of you, that 
 upon all the [malt], and all the materials, preparations, utensils and 
 vessels for making thereof, or by which the said trade and business of a 
 [maltster and maker of malt] has been carried on by the said C. D., in 
 the custody or possession of the said C. D., or of any person or persons 
 to the use of or in trust for the said C. D., and upon all the [malt], and 
 all the materials, preparations, utensils and vessels for making thereof, or 
 by which the said trade and business of a [maltster and maker of malt] 
 has been carried on by the said C. D., which were in his custody or pos- 
 session when the said penalty was incurred, into whose hands soever the 
 same shall have afterwards come, and by what conveyance or title soever 
 the same shall be claimed, and also upon all the goods and chattels of the 
 said C. D., you do levy the said penalty of [70 : 4s. 5d.~\, so recovered 
 against the said C. D. by the said A. B. as aforesaid, whereof the said C. D. 
 stands convicted before us this day, with all reasonable charges and 
 expenses attending such levy ; and for levying thereof, we do hereby 
 authorize and command you, every or any of you, to seize and take the 
 [malt], materials, preparations, vessels, utensils, goods and chattels afore- 
 said, and either to detain and keep the same in the place where the same 
 shall respectively be found, or to remove the same to the next office of 
 excise ; and if within [six] days next after such seizure, the said penalty 
 shall not be paid or satisfied, then and in such case, so soon as conve- 
 niently may be, after the expiration of the said [six] days, to sell and 
 
 (c) See note (6), ante, p. 234.
 
 236 Summary Convictions and Orders. [PART i. 
 
 dispose thereof, or of so much thereof as will be sufficient to levy the said 
 penalty of [70 : 4s. 5d.], with all reasonable charges and expenses attend- 
 ing such levy, and to deduct the said penalty, charges and expenses out 
 of the money arising by such sale, and to return the overplus, if any, of 
 the said [malt], materials, preparations, utensils, vessels, goods and chat- 
 tels, or any part thereof, or of the money arising from the sale thereof, or 
 of any part thereof, to the proprietor or proprietors of the said [malt], 
 materials, preparations, utensils, vessels, goods and chattels respectively, 
 upon which such levy shall have been made, or to the person or persons 
 who shall be legally entitled thereto, and forthwith to pay the said penalty 
 to the collector of excise, for the collection called [Rochester] collection, 
 for the time being, to be by him applied and answered for according to 
 the statute in such case made and provided. And all constables and 
 headboroughs of the said county are hereby required to be aiiling and 
 assisting to you in the due execution hereof; but in case there cannot be 
 found sufficient to levy the said penalty, with all reasonable charges and 
 expenses attending such levy, then and in such case you, by a return of 
 this warrant, are forthwith to certify the same to us, or some other justice 
 or justices of the peace for the said county of [Essex], having jurisdiction 
 therein. Given, &c. () 
 
 24. Special Levy-Warrant, granted by the convicting Justices on the Day 
 of Hearing, against a Trader subject to the Excise Laws, convicted 
 in a mitigated Penalty on an Information exhibited within the Juris- 
 diction where the Offence was committed for double Duty, or for any 
 other Penalty, for an Offence against the Excise Laws. 
 
 To G. H. and J. K., officers of excise, or either of them. 
 County of } Whereas on this day, C. D., being a person carrying on 
 [Essex] / the trade and business of a [maltster and maker of malt], 
 to wit. * the same being a trade and business under and subject to 
 the laws and statutes of excise, hath been duly convicted by and 
 before us, E. F., Esquire, and G. H., Clerk, two of his Majesty's 
 justices of the peace in and for the county of [Essex], by the judg- 
 ment of us the said justices, of an offence heretofore committed in the 
 same county by him the said C. D., being then a person carrying on the 
 said trade and business, and the same trade and business being then under 
 and subject to the laws and statutes of excise, against a certain act of parlia- 
 ment relating to the revenue of excise, in the sum of [70 : 4s. 5d.), (being 
 a sum of money to which a certain penalty incurred by him for the said 
 offence, under and by virtue of the said act, has been by us mitigated,) and 
 which said sum of [70 : 4s 5rf.] was by the said conviction and judgment 
 of us the said justices recovered against the said C. D. by A. B., officer of 
 excise, who prosecuted as well for our sovereign lord the king as for him- 
 self in that behalf: Now we the said justices do, in his Majesty's name, 
 authorize and command you, every or any of you, that upon all the [malt] 
 and all the materials, preparations, utensils and vessels for making thereof, 
 or by which the said trade and business of a [maltster and maker of malt] 
 has been carried on by the said C. D., in the custody or possession of the 
 said C. D., or of any person or persons, to the use of or in trust for the 
 said C. D., and upon all the [malt] and all the materials, preparations, 
 utensils and vessels for making thereof, or by which the said trade and 
 
 (a) See note (A), p. 234.
 
 CHAP, in.] EXCISE. 237 
 
 business of a [maltster and maker of malt] has been carried on by the 
 said C. D., which were in his custody or possession when the said penalty 
 was incurred, into whose hands soever the same shall have afterwards 
 come, and by what conveyance or title soever the same shall be claimed, 
 and also upon all the goods and chattels of the said C. D. you do levy 
 the said sum of [70 : 4s. 5rf.], so recovered against the said C. D. by the 
 said A. B. as aforesaid, whereof the said C. D. stands convicted before 
 us this day, with all reasonable charges and .expenses attending such levy ; 
 and for levying thereof, we do hereby authorize and command you, every 
 or any of you, to seize and take the [malt], materials, preparations, 
 vessels, utensils, goods and chattels aforesaid, and either to detain and 
 keep the same in the place where the same shall respectively be found, or 
 to remove the same to the next office of excise; and if within [six] days 
 next after such seizure, the said sum of [70 : 4s. 5rf.] shall not be paid or 
 satisfied, then and in such case, so soon as conveniently may be after the 
 expiration of the said [six] days, to sell and dispose thereof, or of so 
 much thereof as will be sufficient to levy the said sum of [70 : 4s. 5rf.], 
 with all reasonable charges and expenses attending such levy, and to 
 deduct the said last mentioned sum, and the said charges and expenses, 
 out of the money arising by such sale, and to return the overplus, if any, 
 of the said [malt], materials, preparations, utensils, vessels, goods and 
 chattels, or any part thereof, or of the money arising from the sale 
 thereof, or of any part thereof, to the proprietor or proprietors of the said 
 [malt], materials, preparations, utensils, vessels, goods and chattels 
 respectively, upon which such levy shall have been made, or to the person 
 or persons who shall be legally entitled thereto, and forthwith to pay 
 the said sum of [70 : 4s. 5d.~\ to the collector of excise, for the collec- 
 tion called [Rochester] collection, for the time being, to be by him ap- 
 plied and answered for, according to the statute in such case made and 
 provided. And all constables and headboroughs of the said county are 
 hereby required to be aiding and assisting to you in the due execution 
 hereof; but in case there cannot be found sufficient to levy the said sum 
 of [70 : 4s. 5d.], with all reasonable charges and expenses attending such 
 levy, then and in such case you, by a return of this warrant, are forth- 
 with to certify the same to us, or some other justice or justices of the 
 peace for the said county of [Essex], having jurisdiction therein. Given, 
 
 25. Return to be indorsed on a common Levy- Warrant for a full or 
 mitigated Penalty, when no Part of the Penalty has been recovered, to 
 one Justice t for a Body- Warrant. 
 
 I, G. H., being one of the officers of excise to whom the within war- 
 rant is directed, do hereby certify to E. F., Esquire, one of his Majesty's 
 justices of the peace for the county of [Essex], and within whose juris- 
 diction the within warrant was issued, that I have made diligent search 
 for but cannot find (within the jurisdiction in which the said warrant was 
 so issued) any goods or chattels of the within named C. D. whereon the 
 within mentioned penalty, or any part thereof, can or may be levied, with 
 the reasonable charges and expenses attending such levy. Dated this (b) 
 [first] day of [January], [1830]. 
 
 (a) See note (b), p. 234. 
 
 (b) This date must always be the day the body-warrant applied for upon 
 this return is dated. The officer should not be sworn to the truth of this re- 
 turn. He makes the return at his peril, and, if it is false, is answerable for it.
 
 238 Summary Convictions and Orders. [PART i. 
 
 26. Return to be indorsed on a common Levy-Warrant for a full or miti- 
 gated Penalty, when Part of the Penalty has been recovered, [ to two 
 Justices, for a Body Warrant for residue. 
 
 I, G. H., being one of the officers of excise to whom the within war- 
 rant is directed, do hereby certify to E. F. and L. M., Esquires, two of 
 his Majesty's justices of the peace for the county of [Essex], and within 
 whose jurisdiction the within warrant was issued, that by virtue of the 
 said warrant I have seized and sold divers goods and chattels of the with- 
 in named C. D., and thereon and thereout have levied the sum of [70 
 4s. 5d.~\ part of the within mentioned penalty, with the reasonable charges 
 and expenses attending such levy ; and I have made diligent search for 
 but cannot find (within the jurisdiction in which the said warrant was so 
 issued) any more or further goods and chattels of the within named 
 C. D., (beyond the goods and chattels already seized and sold as afore- 
 said,) whereon the residue of the said penalty, or any part thereof, can or 
 may be levied, with the reasonable charges and expenses attending such 
 levy. Dated this (a) [first] day of [January], [1830]. 
 
 27. Return to be indorsed on a Special Levy-Warrant for a full or miti- 
 gated Penalty, when no Part of the Penalty has been recovered, to 
 one Justice, for a Body- Warrant. 
 
 I, G. H., being one of the officers of excise to whom the within war- 
 rant is directed, do hereby certify to E. F., Esquire, one of his Majesty's 
 justices of the peace for the county of [Essex], and within whose juris- 
 diction the within warrant was issued, that I have made diligent search 
 for but cannot find (within the jurisdiction in which the said warrant was 
 so issued,) any such [malt], materials, preparations, utensils, or vessels, as 
 is or are in and by the within warrant mentioned and directed to be levied 
 on, or any goods or chattels of the within named C. D. whereon the 
 said penalty, or any part thereof, can or may be levied, with the reason- 
 able charges and expenses attending such levy. Dated this (a) [first] 
 day of [January], [1830]. 
 
 28. Return to be indorsed on a Special Levy-Warrant for a full or miti- 
 gated Penalty, when Part of the Penalty has been recovered, to one 
 Justice, for a Body- Warrant for residue. 
 
 I, G. H., being one of the officers of excise to whom the within war- 
 rant is directed, do hereby certify to E. F., Esquire, one of his Majesty's 
 justices of the peace for the county of [Essex], and within whose juris- 
 diction the within warrant was issued, that, by virtue of the within war- 
 rant, I have seized and sold divers quantities of [malt], materials, prepa- 
 rations, vessels, utensils, goods and chattels in the within warrant in that 
 behalf mentioned, and thereon and thereout have levied the sum of 
 [70 : 4s. 5d.], part of the within mentioned penalty, with the reasonable 
 charges and expenses attending such levy, and I have made diligent 
 search for but cannot find (within the jurisdiction within which the said 
 warrant was so issued) any more or further such [malt], materials, pre- 
 parations, vessels, or utensils as is and are in the said warrant in that be- 
 half mentioned, or any more or further goods or chattels of the within 
 named C. D. beyond the [malt], materials, preparations, vessels, utensils, 
 goods, and chattels already seized and sold as aforesaid), whereon the 
 residue of the said penalty, or any part thereof, can or may be levied, 
 
 (a) See note (fo), ante, p. 237.
 
 CHAP, in.] EXCISE. 239 
 
 with the reasonable charges and expenses attending such levy. Dated 
 this (a) [first] day of [January], [1830]. 
 
 V. BODY AND SEARCH WARRANTS, &c. AND COMMITMENT. 
 
 29. Body-Warrant by one. Justice for a foil nr mitigated Penalty, after 
 a Common Levy-Warrant, when no Part of the Penalty has been Re- 
 covered. 
 
 To G. H. and I. K. officers of excise, or either of them, and to the 
 gaoler or keeper of the common gaol or house of correction of, 
 for, and within the county, shire, division, city, town, or place 
 where this warrant shall be executed. 
 
 County of "} Whereas E. F. and L. M., Esquires, two of his Majesty's 
 [Essex] ^justices of the peace for the county of [Essex], by their 
 to wit. J warrant under their hands, made and issued within the 
 said county of [Essex], bearing date the [fifth] day of [February], 
 [1830], did require and command you, the said G. H. and I. K., 
 or either of you, to levy on the goods and chattels of C. D. the sum 
 of [70 : 4*. 5d.] being a mitigated penalty recovered against the 
 said C. D. by A. B., officer of excise, who prosecuted as well for our 
 sovereign lord the king as for himself, for a certain offence committed 
 by the said C. D. against the laws and statutes of excise, whereof the 
 said C. D. was convicted before and by the judgment of N. O. [Esq.] 
 and P. Q., [Clerk], two of his Majesty's justices of the peace for the said 
 county of [Essex], on the [first] day of [January] last, with all reason- 
 able charges and expenses attending such levy ; and whereas you, the 
 said G. H., by a return in writing made on the said warrant under your 
 hand, bearing date this day, have returned to me, R. S., Esquire, one of 
 his Majesty's justices of the peace for the said county of [Essex], whose 
 hand is hereunto set, that you, the said G. H., have made diligent search 
 for but cannot find (within the jurisdiction in which the said warrant was 
 so issued) any goods or chattels of the said C. D., whereon the said 
 penalty, charges, and expenses, or any part thereof, can or may be levied : 
 Now I, the same justice, do, in his Majesty's name, authorize, require, 
 and command you, the said G. H. and I. K., or either of you, to take 
 and arrest the said C. D., and forthwith to convey him to the common 
 gaol or house of correction of, for, and within the county, shire, division, 
 city, town, or place where you, or either of you, shall so take and arrest 
 the said C. D., and there to deliver him, together with a duplicate of this 
 warrant, to the gaoler or keeper of such gaol or house of correction, 
 there to remain and be kept by such gaoler or keeper until satisfaction 
 shall be made of the said judgment, or until he, the said C. D., shall be 
 ordered by the commissioner (6) of excise to be liberated or discharged ; 
 and all constables and other his Majesty's officers are hereby authorized 
 and required to be aiding and assisting to you in the due execution here- 
 of ; and the gaoler or keeper of such gaol or house of correction to which 
 you shall so convey the said C. D., is hereby authorized and required 
 there to receive and take into his custody the said C D., there to remain 
 and be kept by such gaoler or keeper until satisfaction shall be made of 
 the said judgment, or until he, the said C. D., shall be ordered by the 
 
 (a) See note (b), ante, p. 237. 
 
 (b) If used in England add an " s" to the word commissioner; if in Scot- 
 land or Ireland insert the words " and assistant commissioners."
 
 240 Summary Convictions and Orders. [PART i. 
 
 commissioner (a) of excise to be liberated or discharged. And for your, 
 or any, or either of your so doing, as is before to you respectively directed, 
 this shall be to you, any, or either of you respectively a sufficient war- 
 rant and authority. Given, &c. (b). 
 
 30. Body-Warrant by two Justices for residue of a full or mitigated 
 Penalty, after a common Levy-Warrant. 
 
 To G. H. and I. K., officers of excise, or either of them, and to the 
 gaoler or keeper of the common gaol or house of correction of, 
 for, and within the county, shire, division, city, town or place 
 where this warrant shall be executed. 
 
 County of 1 Whereas E. F. and L. M., Esquires, two of his 
 [Essex] > Majesty's justices of the peace for the county of [Essex], 
 to wit. ) by their warrant under their hands, made and issued within 
 the said county of [Essex], bearing date the [fifth] day of [February], 
 [1830], did require and command you, the said G. H. and I. K., or 
 either of you, to levy upon the goods and chattels of C. D. the sum 
 of [70 : 4s. 5d.], being a mitigated (c) penalty recovered against the 
 said C. D. by A. B., officer of excise, who prosecuted as well for our 
 sovereign lord the king as for himself, for a certain offence committed 
 by .the said C. D. against the laws and statutes of excise, whereof the 
 said C. D. was convicted before and by the judgment of N. O. [Esquire], 
 and P. Q. [Clerk], two of his Majesty's justices of the peace for 
 the said county of [Essex], on the [first] day of [January] last, with all 
 reasonable charges and expenses attending such levy, and whereas you 
 the said G. H., by a return in writing made on the said warrant under 
 your hand, bearing date this day, have returned to us R. S. and T. U.. 
 Esquires, two of his Majesty's justices of the peace for the county of 
 [Essex], whose hands are hereunto set, that by virtue of the said war- 
 rant you have seized and sold divers goods and chattels of the said 
 C. D., and therein and thereout have levied the sum of [24 : 3s. 4</.], part 
 of the said penalty, charges and expenses, and that you the said G. H. 
 have made diligent search for, but cannot find (within the jurisdiction 
 within which the said warrant was so issued) any more or further goods 
 or chattels of the said C. D. beyond the goods and chattels already seized 
 and sold as aforesaid, whereon the residue of the said penalty, charges 
 and expenses, or any part thereof, can be levied : Now we the said last- 
 mentioned justices do, in his Majesty's name, authorize, require and 
 command you, the said G. H. and I. K., or either of you, to take and 
 arrest the said C. D., and forthwith to convey him to the common gaol or 
 house of correction of, for, and within the city, shire, division, city, town 
 or place where you or either of you shall so take and arrest the said 
 C. D., and there to deliver him, together with a duplicate of this warrant, 
 to the gaoler or keeper of such gaol or house of correction, there to re- 
 main and be kept by such gaoler or keeper until satisfaction shall be 
 made of so much of the said judgment as still remains unsatisfied, or 
 until he the said C. D. shall be ordered by the commissioner (a) of ex- 
 cise to be liberated or discharged ; and all constables and others his 
 Majesty's officers are hereby authorized and required to be aiding and 
 assisting to you in the due execution hereof; and the gaoler or keeper of 
 such gaol or house of correction to which you or either of you shall so 
 convey the said C. D., is hereby authorized and required there to receive 
 
 (a) See note (b), ante, 239. 
 
 (6) See note (b), ante, p. 234, when to be executed out of jurisdiction. 
 
 (c) If for a full penalty leave out the word " mitigated."
 
 CHAP, in.] EXCISE. 241 
 
 and take into his custody the said C. D., there to remain and be kept by 
 such gaoler or keeper until satisfaction shall be made of so much of the 
 said judgment as still remains unsatisfied, and thereby the whole of the 
 said judgment shall be satisfied; or until he the said C. D. shall be 
 ordered by the commissioner (o) of excise to be liberated or discharged. 
 And for your, or any or either of your so doing as is before to you re- 
 spectively directed, this shall be to you, any or either of you respectively, 
 a sufficient warrant and authority. Given, &c. (6) 
 
 31. Body -Warrant granted by one Justice for a full or mitigated 
 Penally, after a Special Levy- Warrant, when no Part of the Penalty 
 has been recovered. 
 
 To G. H., and I. K., officers of excise, or either of them, and to the 
 gaoler or keeper of the common gaol or house of correction of, 
 for, and within the county, shire, division, city, town or place 
 where this warrant shall be executed. 
 
 County of 1 Whereas, on the [first] day of [January], [1830], at 
 [Essex] > [Chelmsford], in the county of [Essex], C. D., being a 
 to wit. j person carrying on the trade and business of a [maltster and 
 maker of malt], the same being a trade and business under and subject 
 to the laws and statutes of excise, was duly convicted by and before 
 E. F., [Esquire], and L. M., [Clerk], two of his Majesty's justices of the 
 peace in and for the said county of [Essex], by the judgment of the said 
 justices, of an offence heretofore committed in the said county by him 
 the said C. D., being at the time of the committing of such offence a 
 person carrying on the said trade and business, and the same trade and 
 business being then under and subject to the laws and statutes of excise, 
 against a certain act of parliament relating to the revenue of excise, in 
 the mitigated (c) penalty of [70: 4s. 5d.] incurred by him for the said 
 offence, under and by virtue of the said act, which said penalty was, by 
 the said conviction and judgment of the said justices, recovered against 
 the said C. D. by A. B., officer of excise, who prosecuted as well for our 
 sovereign lord the king as for himself in that behalf; and whereas the 
 said justices, by their warrant under their hands, made and issued within 
 the said county, bearing date the [fifth] day of [February], [1830], did 
 require and command you, the said G. H. and I. K., or either of 
 you, that upon all the [malt], and all the materials, preparations, uten- 
 sils, and vessels for making thereof, or by which the said trade and 
 business of a [maltster and maker of malt] has been carried on by the 
 said C. D., in the custody or possession of the said C. D., or of any 
 person or persons to the use of or in trust for the said C. D., and upon 
 all the [malt] and all the materials, preparations, utensils, and vessels for 
 making thereof, or by which the said trade and business of a [maltster 
 and maker of malt] "had been carried on by the said C. D., which were 
 in his custody or possession when the said penalty was incurred, into 
 whose hands soever the same should be claimed, and also upon all the 
 goods and chattels of the said C. D., you or either of you should levy 
 the said penalty of [70 : 4s. 5rf.], so recovered against the said C. D. by 
 the said A. B. as aforesaid, whereof the said C. D. stood convicted before 
 them the said justices as in that behalf aforesaid, with all reasonable 
 charges and expenses attending such levy ; and whereas you, the said 
 G. H., by a return in writing made on the said warrant under your 
 hand, bearing date this day, have certified to me, R. S., Esquire, one of 
 
 (a) See note (6), p. 239. 
 (6) See note (6), p. 237. 
 (c) See note (c), preceding page. 
 
 R
 
 242 Summary Convictions and Orders. [PART i. 
 
 his Majesty's justices of the peace for the said county of [Essex], whose 
 hand is hereunto set, that you the said G. H. have made diligent search 
 for but cannot find (within the jurisdiction in which the said warrant was 
 so issued) any such [malt], materials, preparations, utensils or vessels as 
 are in and by the said warrant mentioned and directed to be levied on, or 
 any goods or chattels of the said C. D. whereon the said penalty, charges, 
 and expenses, or any part thereof, can be levied : Now I the same justice 
 do, in his Majesty's name, authorize, require and command you, the said 
 G. H. and I. K., or either of you, to take and arrest the said C. D., and 
 forthwith to convey him to the common gaol or house of correction of, 
 for, and within the county, shire, division, city, town or place where you 
 or either of you shall so take and arrest the said C. D., and there to 
 deliver him, together with a duplicate of this warrant, to the gaoler or 
 keeper of such gaol or house of correction, there to remain and be kept 
 by such gaoler or keeper until satisfaction shall be made of the said judg- 
 ment, or until he the said C. D. shall be ordered by the commissioner (a) 
 of excise to be liberated or discharged : And all constables and other 
 his Majesty's officers are hereby authorized and required to be aiding 
 and assisting to you in the due execution hereof; and the gaoler or 
 keeper of such gaol or house of correction to which you shall so convey 
 the said C. D., is hereby authorized and required there to receive and 
 take into his custody the said C. D., there to remain and be kept by such 
 gaoler or keeper until satisfaction shall be made of the said judgment, or 
 until he the said C. D. shall be ordered by the commissioner (a) of 
 excise to be liberated or discharged. And for your, or any or either of 
 your so doing as is before to you respectively directed, this shall be to 
 you, any or either of you respectively, a sufficient warrant and authority. 
 Given, &c.(6) 
 
 32. Body-Warrant granted by one Justice for the Residue of a full 
 or mitigated Penalty, after a Special Levy- Warrant. 
 
 To G. H. and I. K., officers of excise, or either of them, and to the 
 gaolor or keeper of the common gaol or house of correction of, 
 for and within the county, shire, division, city, town or place 
 where this warrant shall be executed. 
 
 County of ) Whereas on the [first] day of [January], [1836], at 
 [Essex] > [Chelmsford], in the county of [Essex], C. D., being a 
 to wit. ) person carrying on the trade and business of a [maltster 
 and maker of malt], the same being a trade and business under and 
 subject to the laws and statutes of excise, was duly convicted by and 
 before E. F., [Esquire], and [L. M., [Clerk], two of his Majesty's jus- 
 tices of the peace in and for the said county of [Essex], by the judg- 
 ment of the said justices, of an offence heretofore committed in the same 
 county by him the said C. U., being then a person carrying on the 
 said trade and business, and the same trade and business being then 
 under and subject to the laws and statutes of excise, against a certain act 
 of parliament relating to the revenue of excise, in the mitigated penalty 
 of [70 : 4s. 5d.] incurred by him for the said offence under and by virtue 
 of the said act, which said penalty was by the said conviction and judg- 
 ment of the said justices recovered against the said C. D. by A. B., officer 
 of excise, who prosecuted as well for our sovereign lord the king as for 
 himself in that behalf: and whereas the said justices, by their warrant 
 
 (a) See note ( ft), p. 239. 
 (6) See note (b), p. 237.
 
 CHAP, in.] EXCISE. 243 
 
 under their hands, made and issued within the said county, bearing date 
 the first day of March, one thousand eight hundred and twenty-eight, did 
 require and command you the said G. H. and I. K., or either of you, that 
 upon all the malt and all the materials, preparations, utensils and vessels 
 for making thereof, or by which the trade and business of a maltster and 
 maker of malt had been carried on by the said C. D., iu the custody or 
 possession of the said C. D., or of any person or persons to the use of or 
 in trust for the said C. D., and upon all the malt and all the materials, 
 preparations, utensils and vessels for making thereof, or by which the said 
 trade and business of a maltster and maker of malt had been carried on 
 by the said C. D., which were in his custody or possession when the said 
 penalty was incurred, into whose hands soever the same should have 
 afterwards come, and by what conveyance or title soever the same should 
 be claimed, and also upon all the goods and chattels of the said C. D.. you 
 or either of you should levy the said penalty of one hundred pounds, 
 
 shillings and pence, so recovered against the said C. D. by the 
 
 said A. B. as aforesaid, whereof the said C. D. stood convicted before 
 them the said justices as in that behalf aforesaid, with all reasonable 
 charges and expenses attending such levy: and whereas you the said 
 G. H., by a return in writing made on the said warrant under your hand, 
 bearing date this day, have certified to me W. M., Esquire, one of his 
 Majesty's justices of the peace for the said county of [Kent], whose hand 
 is hereunto set, that by virtue of the said warrant you have seized and 
 sold divers quantities of the malt, materials, preparations, vessels, utensils, 
 goods and chattels in the said warrant in that behalf mentioned, and 
 thereon and thereout have levied the sum of twenty pounds, shil- 
 lings and pence, part of the said penalty, charges and expenses, and 
 
 that you the said G. H. and I. K. have made diligent search for but can- 
 not find within the jurisdiction within which the said warrant was so issued 
 any more or further such malt, materials, preparations, vessels or utensils 
 as are in the said warrant in that behalf mentioned, or any more or further 
 goods and chattels of the said C. D. (beyond the malt, materials, prepa- 
 rations, vessels, utensils, goods and chattels already seized and sold as 
 aforesaid) whereon the residue of the said penalty, charges and expenses, 
 or any part thereof, can be levied : Now I the said last-mentioned justice 
 do, in his Majesty' name, authorize, require and command you the said 
 G. H. and I. K., or either of you, to take and arrest the said C. D., and 
 forthwith to convey him to the common gaol or house of correction of, for 
 and within the county, shire, division, city, town or place where you or 
 either of you shall so take and arrest the said C.D., and there to deliver 
 him, together with a duplicate of this warrant, to the gaoler or keeper of 
 such gaol or house of correction, there to remain and be kept by such 
 gaoler or keeper until satisfaction shall be made of so much of the said 
 judgment as still remains unsatisfied, and thereby the whole of the said 
 judgment shall be satisfied, or until he the said C. O. shall be ordered 
 by the commissioner (a) of excise to be liberated or discharged : and all 
 constables, and other his Majesty's officers, are hereby authorized and 
 required to be aiding and assisting to you in the due execution hereof : 
 and the gaoler or keeper of such gaol or house of correction, to which you 
 or either of you shall so convey the said C. D., is hereby authorized and 
 required there to receive and take into his custody the said C. D., there 
 to remain and be kept by such gaoler or keeper until satisfaction shall be 
 
 (a) If used in England, add an " s" to the word " commissioner," and dash 
 up the blank. If used in Scotland or Iieland, insert the words " and assistant 
 commissioners."
 
 244 
 
 By collector. 
 
 By officer au- 
 thorized by col- 
 lector. 
 
 Summary Convictions and Orders. [PART i. 
 
 made of so much of the said judgment as still remains unsatisfied, and 
 thereby the whole of the said judgment shall be satisfied, or until the 
 said C. D. shall be ordered by the commissioner (a) of excise to be libe- 
 rated or discharged ; and for your or any or either of your so doing 
 as is before to you respectively directed, this shall be to you, or any or 
 either of you respectively, a sufficient warrant and authority. Given, &c. 
 
 %* In order to execute this warrant out of the jurisdiction of the 
 justice granting it, in any other county, shire, division city, 
 town or place, it is necessary that a justice of the peace of such 
 other county, shire, division, city, town or place should indorse 
 his name on such warrant ; and it will be necessary to add after 
 his signature " one of his Majesty's justices of the peace for the 
 
 county of [as the case may be] ; but it is not necessary to 
 
 prove, in order to justify his indorsing such warrant, the hand- 
 writing of the justice granting the same. 
 
 33. Demand of Payment of Duty in danger of being lost. 
 
 To Mr. W. M., maltster. 
 
 The sum of one hundred pounds, five shillings and sixpence having 
 been charged upon and incurred by you as duties on malt imposed by the 
 statute in that case made and provided, I, W. P. (the collector of excise 
 for Rochester collection, in whose collection the trade and business of a 
 maltster was carried on by you at the time such duties were charged 
 upon and incurred by you), do hereby demand of you, under order in 
 that behalf of the commissioners (b) of excise, payment forthwith to me, 
 for his Majesty's use, of the said sum of one hundred pounds, five shil- 
 lings and sixpence; and if the same is not forthwith paid and cleared off 
 according to this demand, you will forfeit and lose double the value 
 thereof. 
 
 Dated this [first] day of [July], [1830]. 
 
 (To be signed) W. P., 
 Collector of excise for Rochester collection. 
 
 %* This demand may be made either personally of the trader or be 
 left at his dwelling-house, or on the premises where the duty or 
 duties demanded were charged or incurred. 
 
 34. 
 
 To Mr. W. M., maltster. 
 
 The sum of one hundred pounds, five shillings and sixpence having 
 been charged upon and incurred by you as duties on malt imposed by the 
 statute in that case made and provided, I, W. B., officer of excise (au- 
 thorized and directed in that behalf by the collector of excise in whose 
 collection the trade and business of a maltster was carried on by you at 
 the time such duties were charged upon and incurred by you and one of 
 the officers of excise in the said collection), do hereby demand of you 
 (under order in tliat behalf of the commissioners of excise to the said col- 
 lector, and by authority and direction of the said collector to me,) payment 
 forthwith to me of the said sum of one hundred pounds, five shillings and 
 
 (a) See note (a), ante, p. 243. 
 
 (6) If used in Scotland or Ireland, cancel the " s" in the word " commis- 
 sioners," and insert " and assistant commissioners."
 
 CHAP, in.] EXCISE. 245 
 
 sixpence, and if the same is not forthwith paid and cleared off according 
 to this demand, you will forfeit and lose double the value thereof. 
 Dated this [first] day of [August], [1830]. 
 
 (To be signed) W. B., 
 
 Officer of Excise. 
 
 35. Commitment. 
 
 To M. S., and to the keeper of the house of correction at , in the 
 
 county of York. 
 
 County of y Whereas A. G., of [Tadcaster], in the county of [York], 
 [5fork] ^is and stands convicted this day before me, H. G., Esquire, 
 to wit. Tone of his Majesty's justices of the peace in and for the said 
 county of [York], for that one G. H., being an officer of excise, did, on 
 the [first] day of [February], in the year of our Lord [one thousand eight 
 hundred and twenty-eight], at [Tadcaster], in the said county of [York], 
 discover and find in a certain private and unentered place, manufacturing, 
 and in the course of manufacturing, certain goods and commodities for 
 and in respect whereof a duty of excise is imposed, and certain materials 
 and preparations for manufacturing such goods and commodities, to wit, 
 spirits, wort, and wash, made from melasses and molasses, malt, corn 
 and grain, and did at the same time discover in and about such private 
 and unentered place the said A. G. knowingly aiding, assisting, and con- 
 cerned in the manufacturing such goods and commodities, contrary to the 
 form of the statute in that case made and provided, whereby he the said 
 A. G. hath forfeited and lost the sum of [thirty] pounds: And whereas 
 the said A. G. hath refused and neglected to pay the said sum of [thirty] 
 pounds into the hands of the said W. L., being such officer of excise as 
 aforesaid, and who conveyed the said A. G. before me, in pursuance of 
 the said statute, charged with the offence aforesaid: These are therefore to 
 require you the said M. S. to convey the said A. G. to the house of cor- 
 rection at , in the said county of [York], and to deliver him to the 
 
 keeper thereof together with this warrant; and I do hereby command you 
 the said keeper to receive the said A. G. into your custody in the house 
 of correction, there to remain and be kept to hard labour for the space of 
 [three calendar months], to be reckoned from the date hereof, or until 
 (during the said [three months]) he shall have paid the said sum of [thirty] 
 pounds ; and for so doing this shall be your sufficient warrant. Given, &c. 
 
 36. Affidavit to obtain Search Warrant. 
 
 County of ~\ W. L., of [Maidstone], in the county of [Kent], officer of 
 [Kent] J excise, maketh oath and saith, that he this deponent hath 
 to wit. 'cause to suspect, and doth suspect, that a large quantity of 
 British spirits, the same being goods and commodities forfeited under and 
 by virtue of a certain act of parliament relating to the revenue of excise, 
 are deposited or concealed in some place or places in or about the house, 
 yards, gardens, or outhouses thereunto belonging, of W. M., situate at 
 [Wrotham], in the county of [Kent], for that he, this deponent (), was 
 this morning informed by a person that he has known for some time, that 
 he (the said person) last night assisted in conveying from a private dis- 
 tillery to the said house of the said W. M. about twenty gallons of 
 British spirits, in three casks, and deposited one of such casks in an out- 
 house in the yard at the back of the house, and the other two in the 
 
 (a) Set forth the ground of suspicion, and if arising from information, add, 
 " and this deponent lastly says, that he believes the said information is true."
 
 246 Summary Convictions and Orders. [PART I. 
 
 cellar of the said house : And this deponent lastly says, that he believes 
 the said information is true. 
 
 Sworn at Maidstone, the [fifth] ~* 
 
 day of [April, 1828], before S 
 
 me . * 
 
 37. Search Warrant. 
 
 County of ") Whereas W. L., officer of excise, hath this day made oath 
 [Kent] ^before me, one of his Majesty's justices of the peace in and 
 to wit. 3for the county of [Kent], that he hath cause to suspect, and 
 that he doth suspect, that (a} a large quantity of British spirits, the same 
 being goods and commodities forfeited under and by virtue of a certain 
 act of parliament relating to the revenue of excise, are deposited and con- 
 cealed in and about the house of W. M., and the yards, gardens, buildings 
 and outhouses thereunto belonging, situate at [Wrotham] in the said 
 county of [Kent], yeoman, setting forth in and by his said oath the 
 ground of his suspicion, and the same appearing to me to be reasonable 
 ground of suspicion, I, therefore, by virtue of the power and authority to 
 me given, do judge it reasonable, and do by this present warrant under 
 my hand, authorize and empower the said W. L., by day or by night (but 
 if between the hours of eleven of the clock at night and five in the morning, 
 then in the presence of a constable or other lawful officer of the peace), 
 to enter into every place in and about the said house, yards, gardens, 
 buildings and outhouses thereunto belonging, and to seize and carry away 
 all such () large quantity of British spirits, and all other goods and com- 
 modities so forfeited as aforesaid that he shall there find deposited and 
 concealed, and all constables, and other his Majesty's officers, are hereby 
 authorized and required to be aiding and assisting to him in the execution 
 hereof, and for so doing this shall be to him and every of them a sufficient 
 warrant. Given, &c. 
 
 FACTORIES. 
 
 I. Forms in the Schedule to 3 # 4 Will. 4, c. 103. 
 II. Forms in the Schedule to 7 Viet. c. 15. 
 
 I. FORMS IN THE SCHEDULE TO 3 & 4 WILL. 4, c. 103. 
 
 1. Conviction. 
 
 County of [town ~\ Be it remembered, that on the day of 
 
 of , as the case C , in the year , A. B. [describe the 
 
 may be], to wit. ) offender] was, upon the complaint of C. D. [or 
 upon the view of C. D., one of her Majesty's inspectors of factories], con- 
 victed before E. F., one of her Majesty's inspectors of factories [or justices 
 of the peace (b)~] of and for, &c. [as the case may 6e], in pursuance of an 
 act passed in the fourth year of the reign of his Majesty King William the 
 Fourth, for [describe the offence]. Given under my hand and seal, the 
 day and year above mentioned. 
 
 (a) Insert the articles suspected to be deposited. 
 
 (fc) By sect. 45 of 7 Viet. c. 15, the conviction must be before two or more 
 justices ; but the warrant of distress may be issued by one, as well as the com- 
 mitment in default.
 
 CHAP, in.] FACTORIES. 247 
 
 2. Warrant to distrain for Forfeiture. 
 To the constable, &c. 
 
 County of J Whereas A. B., of , in the said county, is this day 
 
 convicted before me, C. D., one of her Majesty's inspectors 
 
 to wit. j of factories [or justices of the peace (a) in and for the said 
 county], upon the oath of a credible witness [or upon my own view, as 
 the case may be], for that he the said A. B. hath [here set forth the offence, 
 describing it particularly in the words of the statute or rule, as near as can 
 be~], contrary to the statute [or rule, if the offence is against some rule or 
 regulation, or order of an inspector], in that case made and provided, by 
 reason whereof the said A. B. is adjudged to have forfeited the sum of 
 
 , to be distributed as hereinafter mentioned : These are therefore, 
 
 in her Majesty's name, to command you to levy the said sum of by 
 
 distress of the goods and chattels of him the said A. B. ; and if within the 
 space of four days next after such distress by you taken, the said sum of 
 
 , together with the reasonable charges of taking and keeping the 
 
 same, shall not be paid, that then you do sell the said goods and chattels 
 by you so distrained, and out of the money arising by such sale that you 
 do pay [according to the award of the justice], returning the overplus, on 
 demand, to him the said A. B., the reasonable charges of taking, keeping, 
 and selling the said distress being first deducted ; and if sufficient distress 
 cannot be found of the goods and chattels of the said A. B. whereon to 
 
 levy the said sum of , that then you certify the same to me, together 
 
 with this my warrant. Given under my hand and seal, the day of 
 
 . C. D. 
 
 3. Return of Constable upon Warrant of Distress where no Effects. 
 
 I, A. B., constable of , in the county of , do hereby certify 
 
 and make oath, that by virtue of this warrant I have made diligent search 
 
 for the goods of the within named , and that I can find no sufficient 
 
 goods whereon to levy the same. As witness my hand, the day 
 
 of . A. B. 
 
 Sworn before me, the day and year , C. D. 
 
 4. Commitment for want of Distress. 
 
 To the constable of , in the county of , and to the keeper 
 
 of the common gaol [or house of correction] at , in the said 
 
 county. 
 
 County of ^ Whereas A. B., of , in the said county, was, on the 
 
 > day of , convicted before me, C. D., Esquire, 
 
 to wit. ) one (a) of her Majesty's justices of the peace in and for the 
 said county [or inspector of factories, as the case may be], upon the oath of a 
 credible witness [or upon my own view, as the case may be], for that he 
 
 [here set forth the offence], contrary to the statute made in the year 
 
 of the reign of his Majesty King William the Fourth, for [according to the 
 title of the act, or contrary to a certain rule or order or regulation of her 
 Majesty's inspectors of factories] ; and the said A. B., by reason thereof, 
 
 hath been adjudged to forfeit and pay the sum of : And whereas on 
 
 the day of , in the year aforesaid, I did issue my warrant to the 
 
 constable of to levy the said sum of by distress and sale of the 
 
 goods and chattels of him the said A. B., and to distribute the same as 
 in my said warrant was mentioned : And whereas it duly appears to me, 
 upon the oath of the said constable, that he hath used his best endeavours 
 to levy the said sum on the goods and chattels of the said A. B., but that 
 
 (a) See note (b), ante, p. 246.
 
 248 Summary Convictions and Orders. [PART i. 
 
 no sufficient distress can be had whereon to levy the same : These are 
 therefore to command you, the said constable of aforesaid, to appre- 
 hend A. B., and him safely to convey to the common gaol [or house of 
 
 correction] at , in the said county, and there deliver him to the 
 
 keeper thereof, together with this precept; and I do also command you, 
 the said keeper, to receive and keep in your custody the said A. B. for 
 
 the space of , unless the said sum shall be sooner paid, pursuant to the 
 
 said conviction and warrant; and for so doing this shall be your sufficient 
 
 warrant. Given under my hand and seal, the day of . 
 
 C.D. 
 
 II. FORMS IN THE SCHEDULE TO 7 VICT. c. 15. 
 
 5. Summons to be issued by an Inspector or Sub-Inspector against a Person 
 who has committed an Offence, (s. 50, and see s. 46 as to Justice's 
 Summonses.) 
 
 To the constable of . 
 
 County of 1 Whereas it appeareth to me, I. F., one of her 
 
 [or borough > Majesty's inspectors [or sub-inspector] of factories, that 
 
 of .] j A. D., of , in the county [or borough, &c.] of 
 
 , hath offended against the act made in the year of her 
 
 Majesty's reign, intituled {here set forth the title of this act (a)], forasmuch 
 
 as he the said A. D , on the day of , in the year of our Lord, 
 
 , at , in the county [or borough, &c.] of , did [here set forth 
 
 the substance of the charge] : These, therefore, are to require you forth- 
 with to summon the said A . D. to appear before such two or more of her 
 Majesty's justices of the peace acting in and for the county [or borough, 
 
 &c.] of , who shall be present at , in the county [or borough, 
 
 &c.] of , on the day of , at the hour of in the 
 
 noon of the same day, to answer to the said charge, and to be further 
 
 dealt with according to law. And be you then there to certify what you 
 have done in the premises. Herein fail not. Given under my hand, 
 
 this day of , in the year of our Lord, . 
 
 (Signed) I. F., Inspector [or Sub-Inspector.] 
 
 6. Summons of a Witness to be issued by an Inspector, or Sub- Inspector. 
 
 (Id.) 
 
 To the constable of . 
 
 County of ^ Whereas it appeareth to me, I. F., one of her 
 
 [or borough > Majesty's inspectors [or sub-inspector] of factories, that 
 
 f ] j A. D., of , in the county [or borough, &c.] of 
 
 , hath offended against the act made in the year of her 
 
 Majesty's reign, intituled [here set forth the title of this act (a)], forasmuch 
 
 as the said A. D., on the day of , in the year of our Lord, 
 
 , at , in the county [or borough, &c.] of , did [here set 
 
 forth the substance of the charge], and that B. P., of , in the county 
 
 [or borough, &c.] of , is a material witness to be examined concern- 
 ing the said charge : These, therefore, are to require you forthwith to 
 summon the said B. P. to appear before such two or more of her 
 Majesty's justices of the peace acting in and for the county [or borough, 
 
 &c.] of , as shall be present at , in the county [or borough, 
 
 &c.] of , on the day of at the hour of in the 
 
 noon of the same day, to testify his knowledge concerning the 
 
 premises. And be you then there to certify what you have done in the 
 
 (a) " An Act to amend the Laws relating to Labour in Factories."
 
 CHAP, in.] FACTORIES HAWKERS AND PEDLARS. 249 
 
 premises. Herein fail not. Given under my hand, this day of 
 
 , in the year of our Lord . 
 
 (Signed) I. F., Inspector [or Sub-Inspector.] 
 
 7. Conviction. 
 
 County of } Be it remembered, that on the day of 
 
 [liberty or borough ^ , in the year one thousand eight hundred 
 
 as the case may be.~] j and , A. B. [describe the offender] is con- 
 victed before us, I. P. and K. Q., two of her Majesty's justices of the 
 
 peace for the county [liberty or borough, as the case may be] of , in 
 
 pursuance of an act passed in the year of the reign of Queen 
 
 Victoria, intituled [here insert the title of this act (a)], for that he [describe 
 the offence.] Given under our hands and seals, the day and year above 
 writtten. 
 
 I. P. (L.S.) 
 K. Q. (L.S.) 
 
 GAME. 
 
 These Forms are in Chap. II., ante, pp. 119, 120. 
 
 HAWKERS AND PEDLARS. 
 
 1. Conviction given in s. 28 of 50 Geo. 3, c. 41.] Be it remembered, 
 
 that on the day of , in the year of our Lord. , at , in 
 
 the county of , A. B. came before me, C. D., one of her Majesty's 
 
 justices of the peace for the said county, residing near the place where the 
 offence hereinafter mentioned was committed, and informed me that 
 
 E. F., of , in the said county of [here set forth the fact for 
 
 which the information is laid], whereupon the said E. F., being duly 
 summoned to answer the said charge, appeared before me (and, having 
 heard the charge contained in the said information, acknowledged and 
 voluntarily confessed the facts therein stated to be true), but in his [or 
 her] defence alleged [here setting forth the substance of the defence], or 
 voluntarily confessed the said charge to be true, or did not make any 
 defence against the said charge, whereupon the same was fully proved on 
 the oath of G. H., a credible witness, or said that he [or she] was not 
 guilty of the said offence, whereupon the same was fully proved, on the 
 oath of G. H., a credible witness [or as the case may be\, or did not 
 appear before me pursuant to the said summons, but the said charge was 
 fully proved, on the oath of G. H., a credible witness [or ns the case may 
 be], and therefore it manifestly appearing to me that the said E. F. is guilty 
 of the offence charged in the said information, I do hereby convict him 
 [or her] of the said offence, and do adjudge that he [or she] hath forfeited 
 
 the sum of , or his [or her] licence, and the sum of of lawful 
 
 money of Great Britain, to be distributed as the law directs, according to 
 the form of the statute in such case made and provided. 
 
 Given under my hand and seal, the . 
 
 2. Licensed Person' not having Name on Packages, SfC. (50 Geo. 3, Oke's Synop. 
 c. 41, s. 14.)] being then and there a person to whom was granted a 2nd e d. p. 262. 
 
 Offence 1. 
 
 (a) See note (a), ante, p. 248.
 
 250 
 
 Summary Convictions and Orders. [PART 11. 
 
 Oke's Synop. licence to travel and trade as a hawker, pedlar and petty chapman, under 
 ?od ed. p. 262. and by virtue of the statute in such case made and provided, and who 
 then and there did so trade with and under colour of such licence,* did 
 not cause to he written, painted or printed upon a certain pack [or box, 
 bag, truck, case, cart, waggon, vehicle or conveyance], in which he then 
 and there carried his goods, wares and merchandize, the words " Licensed 
 Hawker," together with the number, name or other mark or marks of 
 distinction written or printed upon his said licence as aforesaid, but 
 therein then and there, and whilst he was so licensed as aforesaid, made 
 default, contrary, &c. 
 
 Id. Offences 2, 
 3. 
 
 Id. Offence 4. 
 
 Id. Offence 5. 
 
 Id. Offence 6. 
 
 Id. Offence 7. 
 
 3. Persons not licensed having words " Licensed Hawker " upon Pack. 
 (Id. s. 15.)] not being then and there a person to whom was granted 
 a licence to travel and trade as a hawker, pedlar, or petty chapman, under 
 or by virtue of the statute in such case made and provided*, did unlaw- 
 fully write [or paint, or print] 
 
 [or did unlawfully cause to be written [or painted, or printed]], 
 on a certain pack [or bag, box, truck, case, cart, waggon, vehicle, or 
 conveyance], in which he then and there carried his goods, wares and 
 merchandize, the words " Licensed Hawker," contrary, &c. 
 
 4. The. like, containing same words on Pack, fyc. (Id. s. 15.)] Pro- 
 ceed to the asterisk * in last form, then : did unlawfully keep and con- 
 tinue written [painted or printed] on a certain pack, &c. [conclude as in 
 last form}. 
 
 5. Trading without Licence. (Id. s. 17.)] being then and there a 
 hawker, pedlar and petty chapman, and then and there travelling on foot 
 [or with a horse], and going from town to town [or to other men's 
 houses], did then and there trade as such hawker, pedlar or petty chap- 
 man, and did then and there carry to sell, and expose to sale [or did 
 
 then and there sell to one E. F. for the sum of ] certain goods, wares 
 
 and merchandize, to wit, divers watches [or as the case may be], without 
 any licence to him before then granted in that behalf, contrary, &c. 
 
 6. Trading contrary to Licence. (Id. s. 17.)] Proceed to the asterisk 
 * in Form No. 2, supra, then : did then and there trade contrary to the 
 terms of the said licence in this, to wit, by then and there [here state the 
 act done], contrary, &c. 
 
 7. Refusing to produce Licence. (Id. s. 17.)] Proceed to the aste- 
 risk * in Form No. 2, supra, then : did not then and there produce and 
 show his said licence to one [or the said] C. D., upon demand being 
 then and there made for that purpose, by the said C. D. to the said A. B., 
 he the said C. D. being then and there a person duly authorized and 
 appointed to demand such licence by two of the commissioners for 
 licensing hawkers, pedlars and petty chapman, for the time being, under 
 their hands and seals, and produced to the said A. B. 
 
 [or he the said A. B., being then and there a constable and peace 
 
 officer for the said [county] of ] 
 
 [or he the said C. D., being then and there a person to whom the 
 said A. B. did then and there offer goods to sale, to wit, a gold 
 ear-ring] 
 
 but the said A. B. then and there unlawfully refused to produce or show 
 the same licence to him the said C. D., contrary, &c.
 
 HAWKERS AND PEDLARS POST HORSES. 251 
 
 8. The Conviction (No. 1, ante) may be enforced by the Distress 
 Warrant, No. 53 (N. 1), ante, p. 50. 
 
 9. Commitment of Offender to Prison till Penalty levied on his Goods. 
 (Id. ss. 25, 26.) 
 
 To the constable of , and to the keeper of the [house of correc- 
 tion'] at , in the said [county'] of . 
 
 Whereas \_fyc., recite conviction as in Distress Warrant, No. 53 (N. 1), 
 ante, p. 50, then] : and whereas I, the said justice, have this day issued a 
 
 warrant to the constable of , commanding him to lay the said penalty 
 
 of by distress and sale of the goods and chattels of the said A. B. 
 
 with which he was found so trading as aforesaid : These are therefore to 
 
 command you, the said constable of , to take the said A. B., and him 
 
 safely convey to the [home of correction] at aforesaid, and there to 
 
 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 remain until the said penalty and the reasonable charges of 
 taking the said distress shall be levied by such distress and sale as afore- 
 said, or until the same * shall be paid by the said A. B., provided that 
 you do not detain the said A. B. in the said [house of correction] for any 
 longer space of time than three months ; and for your so doing, &c. 
 
 N. B. If the offender has no goods and no distress warrant issues, 
 omit the recital of the issue of distress warrant, and insert a 
 recital of nonpayment, and omit the portion also between the 
 asterisks ". 
 
 MASTER AND SERVANT. 
 The Forms under this title are placed in Chap. II. ante, p. 157 160. 
 
 POST HORSES. 
 
 FORMS IN THE STATUTE 2 & 3 WILL. 4, c. 120. 
 1. Information. 
 
 County of ^ Be it remembered, that on the day of , in the Oke's Synop. 
 
 Vyear of our Lord , at , in the of , A. B. 2nd ed. 
 
 to wit. J of &c. [or A. B., an officer of stamp duties, or a collector or p. 266 269. 
 farmer of the duty on horses let for hire, as the case may be] cometh 
 before me, C. D., Esquire, one of her Majesty's justices of the peace for the 
 said , and informed me, the said justice, that E. O., of hereto- 
 fore, to wit, on the day of , in the year of our Lord , at 
 
 , in the said , did [here state the offence'], contrary to the form of 
 
 the statute in such case made and provided, whereby the said E. O. hath 
 
 forfeited for his said offence the sum of . Taken and received by 
 
 me the day and year first above written. 
 
 2. Summons. 
 ToE. O., of&c. 
 County of ^ Whereas an information hath been exhibited before me, 
 
 \ C. D., Esquire, one of her Majesty's justices of the peace for 
 
 to wit. J the of , charging that you, the above named E. 
 
 O., on the day of , at , did [here state the substance of the
 
 252 Summary Convictions and Orders. [PART n. 
 
 Oke's Synop. charge], whereby you have forfeited the sum of : These are there- 
 
 2nd edit. fore to require you personally to be and appear before me the said 
 
 p. 266 269. justice, or before such other of her Majesty's justices of the peace for the 
 
 said as shall be then present at , on the day of , at 
 
 the hour of , in the noon of the same day, then and there to 
 
 answer the same information, and to make your defence thereto ; and if 
 you fail to appear accordingly, such proceedings will be taken as if you 
 had personally appeared, and had not made any defence to the said 
 charge. 
 
 Given under my hand and seal this day of . 
 
 3. Conviction. 
 
 County of ^ Be it remembered, that on the day of , at , 
 
 vC. D., of &c., was duly convicted before me , one of 
 
 to wit. J her Majesty's justices of the peace for , in pursuance of 
 
 an act passed in the third year of the reign of his late Majesty King 
 William the Fourth, intituled "An Act," &c. [title of the act (a)], for that 
 
 the said C. D., on the day of , did [here state the offence as the 
 
 case may happen to be~], contrary to the form of the statute in that case 
 made and provided ; for which offence I do adjudge that the said C. D. 
 
 hath forfeited the sum of and {if the justice mitigate the penalty] 
 
 which sum of I do hereby mitigate to the sum of over and 
 
 above the sum of for the costs and charges of E. F., the informer, 
 
 in prosecuting this conviction. Given under my hand and seal, the 
 
 day of . 
 
 4. Warrant of Distress. 
 
 To the constable of 
 
 case of mitigation, which hath been mitigated to the sum of ], over 
 
 and above the reasonable costs and charges of the informer, allowed and 
 
 assessed at the sum of : Therefore I command you to levy the said 
 
 sum of , and also the said sum of for the costs and charges 
 
 aforesaid, making together the sum of , by distraining the goods and 
 
 chattels of the said E. O., and by seizing and taking all or any of the 
 carriages, horses, harness and other things made subject and liable by 
 the statute in that behalf to be seized and taken, to satisfy the penalty, 
 costs and charges aforesaid ; and if within the space of five days next 
 after such distress taken the said sum of , together with the reason- 
 able costs and charges of taking and keeping such distress, shall not be 
 paid, then I order and direct that you shall sell and dispose of the said 
 goods and chattels which shall be so distrained, seized and taken as afore- 
 said, and shall levy and raise thereout the said sum of , and all rea- 
 sonable costs and charges of taking and keeping and selling the said 
 distress, rendering the overplus, if any, to the owner of the said goods 
 and chattels ; and you are to certify to me what you shall have done by 
 virtue of this my warrant. Given under my hand and seal, the day 
 
 (Signed) , one of her Majesty's justices of the peace 
 
 for the of . 
 
 (a) " An Act to repeal the Duties under the Management of the Commis- 
 sioners of Stamps on Stage Carriages and on Horses let for Hire in Great Bri- 
 tain, and to grant other Duties in lieu thereof, and also to consolidate and 
 amend the Laws relating thereto."
 
 CHAP, in.] POST HORSES. 253 
 
 5. Commitment in Default of Distress. Oke's Synop. 
 
 2nd edit. 
 
 To the constable of , and to the keeper of the common gaol [or p- 266269. 
 
 house of correction] at , in the said . 
 
 County of ^ Whereas E. O., of &c , has been duly convicted of a 
 > certain offence, for that [here state the offence as in the con- 
 to wit. ) viction], whereby he hath forfeited the sum of [and in 
 
 case of mitigation, which hath been mitigated to the sum of ], over 
 
 and above the reasonable costs and charges of the informer, allowed and 
 
 assessed at the sum of , making together the sum of: And whereas 
 
 it has been duly made to appear to me that no sufficient distress can be 
 
 found whereon to levy the said sum of : Therefore I command 
 
 you, the constable of to apprehend and take the said E. O., and 
 
 safely to convey him to the common gaol [or house of correction] at 
 
 , in the of , and there to deliver him to the keeper thereof, 
 
 together with this warrant: and I do hereby command you, the said 
 keeper, to receive into your custody in the said gaol [or house of correc- 
 tion] him the said E. O., and him therein safely to keep for the space of 
 
 , unless the said sum of shall be sooner paid. Given under 
 
 my hand and seal, the day of . 
 
 (Signed) , one of her Majesty's justices of the peace 
 
 for the said of . 
 
 6. Letting for Hire without making Entry in the Weekly Account. (2 Id. p. 266. 
 
 & 3 Will. 4, c. 120, s. 75.)] that one R. P., of the aforesaid, post- Offence 12. 
 
 master, duly licensed to let horses for hire, heretofore, and within four 
 
 calendar months last past, to wit, on the day of , in the year 
 
 of our Lord one thousand eight hundred and , to wit, at the 
 
 aforesaid, being then and there such licensed postmaster as aforesaid, and 
 being then and there by law required truly to insert and set forth certain 
 particulars relating to the horse so by him let for hire as hereinafter men- 
 tioned, and applicable to such hiring, in a certain paper theretofore to 
 him delivered according to the statute in such case made and provided, 
 for the purpose of making entries therein of such particulars, and intituled, 
 " Excise Office Weekly Account," did then and there, to wit, on the day 
 
 of the month and in the year last aforesaid, at the aforesaid, let to 
 
 a certain person, to wit, a person to the said S. T. [the informer'} un- 
 known, a certain horse for hire, and the same was then and there used 
 for a certain period of time less than twenty-eight successive days, to 
 wit, for one day, for and in respect of which said horse, upon the letting 
 of the same for hire as aforesaid, a certain amount of duty, to wit, the 
 sum of two shillings and sixpence, was then and there, to wit, on the day 
 
 of the month and in the year last aforesaid, at the aforesaid, by law 
 
 payable, which said particulars relating to the letting for hire aforesaid, that 
 is to say, the said day of the month and the said month and year on which 
 the said horse was so let for hire as aforesaid, and such amount of duty 
 as was payable as aforesaid, were then and there respectively particulars 
 relating to the said horse so let for hire as aforesaid, and applicable to 
 the said letting for hire, and then and there respectively required to be 
 truly inserted and set forth in the said account by the statute in such case 
 made and provided : Yet that the said R. P., then and there being such 
 licensed postmaster as aforesaid, and well knowing the premises afore- 
 said, did not truly insert and set forth in his Excise Office Weekly Ac- 
 count the said particulars so relating to the said letting for hire, and so 
 required to be therein inserted as aforesaid, but then and there neglected 
 and omitted to insert the same therein, contrary to the form of the statute 
 in such case made and provided, whereby the said R. P. hath forfeited 
 for his said offence the sum of twenty pounds.
 
 254 Summary Convictions and Orders. [PART n. 
 
 POST OFFICE. 
 
 FORMS IN THE STATUTE 1 VICT. c. 36. 
 1 . Information. 
 
 Oke's Synop. County of } Be it remembered, that on the day of , in the 
 
 2nd edit. /year of our Lord , at , in the of , A. B. 
 
 pp. 270 277. to wit. 3of &c. [or A. B., an officer of the post office, as the case may 
 be], cometh before me, C. D., Esquire, one of her Majesty's justices of 
 
 the peace for the said , and informeth me the said justice that E. F., 
 
 of , heretofore, to wit, on the day of , in the year of our 
 
 Lord , at , in the said , did [here state the ojfence], con- 
 trary to the form of the statute in such case made and provided, whereby 
 
 the said E. F. hath forfeited for his said offence the sum of . 
 
 Taken and received by me, the day and year first above written. 
 
 2. Summons. 
 To. E. F., of &c. 
 
 County of } Whereas an information hath been exhibited before me, 
 
 Jc. D , Esquire, one of her Majesty's justices of the peace for 
 
 to wit. )the of , charging that you the above named E. F., 
 
 on the day of , at , did [here state the substance of the churge~\, 
 
 whereby you have forfeited the sum of : These are therefore to re- 
 quire you personally to be and appear before me, the said justice, or before 
 
 such other of her Majesty's justices of the peace for the said as shall 
 
 be then present, at , on the day of , at the hour of 
 
 in the noon of the same day, then and there to answer the same in- 
 formation, and to make your defence thereto ; and if you fail to appear 
 accordingly, such proceedings will be taken as if you had personally ap- 
 peared, and had not made any defence to the said charge. 
 Given under my hand and seal, this day of . 
 
 3. Conviction. 
 
 County of 1 Be it remembered, that on the day of , at , 
 
 >E. F., of &c., was duly convicted before me, , one of 
 
 to wit. 3 her Majesty's justices of the peace for , in pursuance of 
 
 an act passed in the first year of the reign of her Majesty Queen Victoria, 
 intituled " An Act," &c. [title of this act (a)], for that the said E. F. on the 
 
 day of did [here state the offence as the case may happen to be], 
 
 contrary to the form of the statute in that case made and provided ; for 
 which offence I do adjudge that the said E. F. hath forfeited the sum of 
 
 , and [if the justice mitigate the penalty], which sum of I do 
 
 hereby mitigate to the sum of , over and above the sum of for 
 
 the costs and charges of G. H., the informer, in prosecuting this conviction. 
 Given under my hand and seal, the day of . 
 
 4. Warrant of Distress. 
 
 To the constable of , in the of . 
 
 County of ^ Whereas E. F., of , has been duly convicted of a cer- 
 
 Vtain offence, for [here state the offence as in conviction], 
 
 to wit. ) whereby he hath forfeited the sum of [and in case of 
 
 (a) "An Act for consolidating the Laws relative to Offences against the 
 Post Office of the United Kingdom, and for regulating the Judicial Adminis- 
 tration of the Post Office Laws, and for explaining certain Terms and Expres- 
 sions employed in those Laws."
 
 CHAP, in.] POST OFFICE WRECK AND SALVAGE. 255 
 
 mitigation, which hath been mitigated to the sum of ] over and Oke's Synop. 
 
 above the reasonable costs and charges of the informer, allowed and 2nd edit. 
 
 assessed at the sum of : Therefore I command you to levy the said pp. 270 277. 
 
 sum of , and also the said sum of for the costs and charges 
 
 aforesaid, making together the sum of , by distraining the goods and 
 
 chattels of the said E. F. ; and if within the space of five days next after 
 
 such distress taken, the said sum of , together with the reasonable costs 
 
 and charges of taking and keeping such distress, shall not be paid, then I 
 order and direct that you shall sell and dispose of the said goods and 
 chattels which shall be so distrained, seized and taken as aforesaid, and 
 
 shall levy and raise thereout the said sum of , and all reasonable 
 
 costs and charges of taking and keeping and selling such distress, render- 
 ing the overplus, if any, to the owner of the said goods and chattels ; and 
 you are to certify to me what you shall have done by virtue of this my 
 warrant. 
 
 Given under my hand and seal, the day of . 
 
 (Signed) , one of her Majesty's justices of the peace 
 
 for the said of . 
 
 5. Warrant of Commitment in Default of Dittress. 
 
 To the constable of , and to the keeper of the common gaol [or 
 
 house of correction ] at , in the said . 
 
 County of "1 Whereas E. F., of , has been duly convicted of a cer- 
 
 ^tain offence, for that \here state the offence as in the convic- 
 
 to wit. J'tion'], whereby he hath forfeited the sum of , [and in 
 
 case of mitigation, which hath been mitigated to the sum of ], over 
 
 and above the reasonable costs and charges of the informer, allowed and 
 
 assessed at the sum of , making together the sum of : And 
 
 whereas it has been duly made to appear to me that no sufficient distress 
 can be found whereon to levy the said sum of : Therefore I com- 
 mand you, the constable of , to apprehend and take the said E. F. 
 
 and safely to carry him to the common gaol [or house of correction] at 
 
 , in the of , and there to deliver him to the keeper thereof. 
 
 together with this warrant ; And I do hereby command you the said 
 keeper to receive into your custody in the said gaol [or house of correc- 
 tion] him the said E. F., and him therein safely to keep for the space of 
 
 , unless the said sum of shall be sooner paid. 
 
 Given under my hand and seal, the day of . 
 
 (Signed) , one of her Majesty's justices of the peace 
 
 for the said of . 
 
 SMUGGLING. 
 
 See title " Customs" ante, p. 215, for the Forms taken from the 
 Schedule of 8 & 9 Viet. c. 87. 
 
 WRECK AND SALVAGE. 
 
 1. Conviction given by s. 36 of 9 <" 10 Viet. c. 99.] Be it remem- 
 bered, that on the day of , in the year of our Lord , A. B. 
 
 is convicted before me [or us], one For two, as the case may be], of her 
 Majesty's justices of the peace for the [here specify the offence, and the 
 time and place when and where committed, as the case may be], contrary to
 
 256 Summary Convictions and Orders. [PART i. 
 
 an act passed in the year of the reign of Queen Victoria, intituled 
 
 [here insert the title of this act(a)~\. Given under my hand and seal [or 
 our hands and seals], the day and year first above written. 
 
 Oke's Svnoo 2. Dealers in Marine Stores not having Names, fyc. over Storehouse. 
 2nd edit. p. 292. ( 9 & 10 Viet. c. 99, s. 32.)] trade and deal in buying and selling 
 Offence 1 8. anchors [or cables] sails, old junk, old iron, or certain marine stores, to 
 
 wit, ], without having his name and the words " Dealer in Marine 
 
 Stores" then and there painted upon the front of his storehouse [or ware- 
 house], there situate, wherein such goods were then deposited, contrary, 
 &c. 
 
 Id Offenc s 19 **' Declaration previous to Justice, or Receiver of Droils of Admiralty, 
 20 ' granting a Permit to cut up Cable. (Id. s. 32.)] I, C. D., of the parish 
 
 of , in the county of , dealer in marine stores, do solemnly and 
 
 sincerely declare, that on the day of , I bona fide purchased, 
 
 and without fraud, of one E. F., for the sum of , a certain [part of a] 
 
 cable, exceeding five fathoms in length, to wit, ten fathoms in length, and 
 
 called a cable ; that I have no knowledge or suspicion whatever that 
 
 the said cable has been dishonestly come by, and that I intend to cut up 
 the same : And I make this solemn declaration, conscientiously believing 
 the same to be true, and by virtue of the provisions of an act, made and 
 passed in the sixth year of the reign of his late Majesty King William 
 the Fourth, intituled " An Act to repeal an Act of the present Session of 
 Parliament, intituled ' An Act for the more effectual Abolition of Oaths 
 and Affirmations taken and made in various Departments of the State, 
 and to substitute Declarations in lieu thereof, and for the more entire 
 Suppression of voluntary and extra-judicial Oaths and Affidavits, and to 
 make other Provisions for the Abolition of unnecessary Oaths.' " 
 
 Made and subscribed at , in the county C. D. 
 
 of , this day of -- , A.D. 1850, 
 
 before me, J. S. 
 
 One of her Majesty's Justices of the Peace, 
 in and for the said county of . 
 
 4. Justice's or Receiver's Permit to cut up Cable. (Id. s. 32.) 
 
 ) Whereas C. D., of the parish of , in the county of , 
 
 to wit. I dealer in marine stores, hath applied to me, the undersigned, 
 one of her Majesty's justices of the peace [or undersigned receiver of droits 
 of admiralty], residing near unto his residence, for a permit to cut up a 
 certain cable, and hath produced unto me, in pursuance of the statute in 
 such case made and provided, a declaration duly made by him the said 
 
 C. D., on the day of instant, before J. S., Esquire, one of her 
 
 Majesty's justices of the peace in and for the said county of , in the 
 
 words following, that is to say, [here copy the declaration] : Wherefore 
 this matter being by me duly considered, I the said justice [or receiver] 
 do hereby permit the said C. D. to cut up the said cable in the said decla- 
 ration mentioned. 
 
 Given under my hand, this day of . J. L. 
 
 5. Cutting up Cable without Permit. (Id. s. 32.)] being then and 
 there a dealer in marine stores, and having theretofore purchased of one 
 E. F. a certain [part of a certain] cable, exceeding five fathoms in length, 
 
 (a) " An Act for consolidating and amending the Laws relating to Wreck 
 and Salvage."
 
 CHAP, in.] WRECK AND SALVAGE. 257 
 
 to wit, ten fathoms in length, and called a cable, did then and there 
 
 cut up [or uncant, untwine, or unlay] the said cable, without first obtain- 
 ing a permit from a justice or receiver, as required by the statute in that 
 behalf, contrary, &c. 
 
 6. Dealers neglecting to keep Books. (Id. s. 34.)] being then and Oke's Synop. 
 there a dealer in marine stores, and having as such dealer bought divers 2nd ed. p. 294. 
 quantities of old marine stores, did neglect to keep any book containing Offence 24. 
 entries of such old marine stores as were from time to time so bought by 
 him as aforesaid, or containing an account or description of the times 
 when the same were respectively bought by him, or of the names and 
 places of abode of the respective sellers thereof, contrary, &c. 
 
 7. Warrant to inspect Books of Dealer. (Id. s. 34.) 
 To A. B. of , dealer in marine stores. 
 
 > Whereas an advertisement hath appeared in the Cornwall Id. Offence 25. 
 
 to wit. J Royal Gazette, on the day of instant, stating that 
 
 [here set out the substance of the advertisement in the second person] ; and 
 
 whereas C. D. of , hath this day made oath before me, J . S., Esquire, 
 
 one of her Majesty's justices of the peace for the said county of , 
 
 residing near to the storehouse of you the said A. B., that [here state the sub- 
 stance of the oath~\ : These are therefore to command you the said A. B., 
 that you do forthwith produce unto the said C. D. the book or books 
 required by law to be kept by you as such dealer in marine stores, and 
 allow the said C. D. to examine the same, and that you do also produce 
 unto the said C. D. the cable in the said advertisement and permit de- 
 scribed and mentioned, and herein fail you not at your peril. 
 
 Given under my hand and seal, the day of , in the year of 
 
 our Lord , at , in the county aforesaid. 
 
 J. S. (L. s.) 
 
 8. Not allowing Inspection of Books, SfC. pursuant to Warrant. (Id. 
 s. 34.)] for that heretofore, on the day of , by a certain war- 
 rant of J. S., Esquire, one of her Majesty's justices of the peace for the 
 
 said county of , residing near to the storehouse of the said A. B., 
 
 reciting that an advertisement, &c., and that C. D., of &c., had that day 
 made oath before the said justice, that, &c., it was commanded unto the 
 said A. B. that he should forthwith [fc., state the substance of the Warrant 
 No. 7, supra, in the past tense, third person]; and although the said war- 
 rant was on the day of instant, at the parish of aforesaid, 
 
 produced and shown unto the said A. B. by the said C. D., and the said 
 C. D. then and there required the said A. B. to produce to him the said 
 books [or cable], and to allow him the said C. D. to examine the said 
 books, yet the said A. B., not regarding the said warrant, or the law in 
 that behalf, did then and there neglect and refuse to produce unto the said 
 C. D. the said books [or cable] in the said warrant mentioned, or any of 
 them, or to allow the said C. D. to examine the said books, or any part 
 thereof, contrary, &c. 
 
 9. Not advertising before cutting up Cable. (Id. s. 34.)] being then id. Offence 26. 
 and there a dealer in marine stores, and having then and there obtained 
 
 from J. L., Esquire, one of her Majesty's justices of the peace for the 
 
 said county of , [or from J. L., receiver of droits of admiralty], a 
 
 permit to cut up a certain cable, exceeding five fathoms in length, did 
 then and there cut up the said cable, without having previously published, 
 or caused to be published, in any newspaper, an advertisement notifying 
 that he had obtained such permit for the purpose aforesaid, or specifying 
 where such cable was deposited, contrary, &c. 
 
 S
 
 258 
 
 [PART n. 
 
 PART II. 
 
 INDICTABLE OFFENCES. 
 
 CHAPTER I. 
 
 GENERAL FORMS OR OUTLINES. 
 
 '.* All the Forms in this Chapter, except where otherwise stated to the 
 contrary, are from the Schedule to Jervis's Act, 11 & 12 Viet. c. 42 ; 
 the Sections placed in the margin of such Forms are where they are 
 referred to in the body of that Statute, and the letter, &c. (as L. 1), 
 after the description of the Form is the same as prefixed thereto in such 
 Schedule. The works referred to also in the margin are the three 
 editions of Jervis's Acts. 
 
 In the Forms given in that Schedule the Venue is invariably omitted, 
 but it should always be inserted in magisterial proceedings. 
 
 Videss. 1, 8; 
 Arch. p. 5,25; 
 Saund. p.7,16; 
 Oke's Synop. 
 p. 302, 305. 
 
 SECT. 1. As TO PREFERRING THE CHARGE. 
 1. Information and Complaint for an indictable Offence ( A). 
 
 ^ The information and complaint of C. D. of [yeoman], 
 
 to wit. S taken this day of , in the year of our Lord 184 , 
 
 before the undersigned, [one] of her Majesty's justices of the peace in and 
 
 for the said [county] of (a), who saith* that (b) [#c. stating the 
 
 offence], 
 
 Sworn before [me], the day and year first above mentioned, at . 
 
 J . o. 
 
 (a) The several descriptions of the justice, or magistrate, taking this informa- 
 tion and complaint, as shown in the Form No. 1 (on Summary Convictions), 
 ante, p. 23, will equally apply here, and may be used. 
 
 (b) If the offender is merely suspected to have committed the offence, and 
 the informant did not see him commit it, insert here : " he hath just cause to 
 believe and suspect, and doth believe and suspect that" then insert the name 
 of the offender, address, &c. if known, or if unknown, his description, as in 
 Form No. 23, tit. "Highways," ante, p. 127, and afterwards set out the offence 
 in the manner described in either of the statements applicable in Chap. II. of 
 this portion of the Collection. 
 
 If the offence be committed out of the jurisdiction of the justice receiving the 
 information, but the offender be residing within it, add, after the description of 
 the offence : " And that the said A. B. is now residing or being [or is supposed 
 
 and suspected to be residing or being] at the parish of , in the said [count]/], 
 
 and within my jurisdiction."
 
 CHAP, i.] General Forms or Outlines, 259 
 
 2. Information against an Accessory after the Fact to a Vide 11 & 12 
 Felony with the Principal. (Not in Jervis's Act.) Viet. c. 46, s.2. 
 
 [Proceed as in No. 1, supra, and after describing the offence of the 
 principal, state thus :] and that E. F. of &c. well knowing the said 
 A. B. to have committed the felony aforesaid, did afterwards, to wit, on 
 
 the day of instant, at the parish of aforesaid, feloniously 
 
 receive, harbour, and maintain the said A. B. 
 
 3. The like, without the Principal, or where Principal 
 unknown. (Not in Jervis's Act.) 
 
 [Proceed as in No. 1, supra, to the asterisk*, then thus :] that one 
 
 A. B. of, &c. [or some person or persons unknown], on the day of 
 
 , at the parish of , &c. did feloniously [describe the offence of the 
 
 principal] : And that E. F. of &c. well knowing the said A. B. [or per- 
 son unknown] to have committed the felony aforesaid, did afterwards, to 
 
 wit, on the day of , at the parish of aforesaid, feloniously 
 
 receive, harbour, and maintain the said A. B. [or person unknown.] 
 
 4. Information to ground Search Warrant for Stolen Goods, vide s. 4; 
 (Not in Jervis's Act.) Arch. p. 19 ; 
 
 [Proceed as in Form No. 1, to the asterisk *, then thus:~\ that the Qke's SvnoD ' 
 
 from and out of the dwelling-house [or as the case may be~\ of the said 
 
 C. D., situate at , in the parish of , in the [county] aforesaid : 
 
 And that he, this informant, hath probable cause to suspect, and doth 
 suspect, that the said goods, or part thereof, are concealed in the dwelling- 
 house or premises [or as the case may be], in the occupation of A. B., 
 situate at , in the parish of , in the [county'] of . 
 
 5. Dying Declaration before a Justice in Cases of personal vide I Arch. 
 Injuries to the Declarant. (Not in Jervis's Act.) J. P. 4th ed. 
 
 No particular form of this declaration is necessary ; but it may be as 
 well to state in this place that its principal ingredients, in order to its 
 admissibility in evidence against a prisoner, are 
 
 1 . The cause of the death of the declarant must be the subject of 
 
 inquiry. 
 
 2. The circumstances of the death the subject of the declaration. 
 
 3. It must appear to have been made at a time when the declarant 
 
 (the deceased) was perfectly aware of his danger, and enter- 
 tained no hope of recovery. 
 
 If the accused can be brought into the presence of the person injured, 
 the examination should be taken in the usual form ; but if otherwise, the 
 declaration, not on oath, should be taken by a justice in somewhat like 
 
 the following form: " I, C. D., of , in the [county] of , do 
 
 hereby solemnly and sincerely declare that [here set out the statement in 
 
 the very words used"]. Taken before me, at , in the [county] of , 
 
 this day of , 1850. J.S., one of her Majesty's justices of the 
 
 peace for the said [county'] of . 
 
 s 2
 
 260 
 
 Indictable Offences. 
 
 [PART n. 
 
 Vide s. 1 ; 
 Arch. p. 5 ; 
 Saund. p. 7 ; 
 Oke's Synop. 
 p. 305. 
 
 SECT. 2. THE PROCESS TO ISSUE AGAINST OFFENDERS. 
 
 6. Warrant to apprehend a Person charged with an indictable 
 Offence (B). 
 
 To the constable of and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas A.B. of , [labourer], hath this day been charged upon 
 
 oath before the undersigned, [one] of her Majesty's justices of the peace 
 
 in and for the said county of , for that he on , at , did [4 r. 
 
 stating shortly the offence] (c) : These are therefore to command you, in 
 her Majesty's name, forthwith to apprehend the said A. B., and to bring 
 him before [me], or some other of her Majesty's justices of the peace in 
 and for the said [county], to answer unto the said charge, and to be fur- 
 ther dealt with according to law. 
 
 Given under [my] hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 7. Summons to a Person charged with an indictable 
 Offence (C). 
 
 To A. B. of , [labourer}. 
 
 Whereas you have this day been charged before the undersigned, [one] 
 
 of her Majesty's justices of the peace in and for the said [county] of , 
 
 for that you on , at [fyc. stating shortly the offence] (c) : These 
 
 are therefore to command you, in her Majesty's name, to be and appear 
 
 before [me] on , at o'clock in the forenoon, at , or before 
 
 such other justice or justices of the peace for the same [county] as may 
 then be there, to answer to the said charge, and to be further dealt with 
 according to law. Herein fail not. 
 
 Given under [my] hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 8. Deposition of the Constable of the Service of the Summons. 
 (Not in Jervis's Act.) 
 
 [This will be the same as the Form No. 9, on " Summary Convictions," 
 ante, p. 26.] 
 
 Vide s. l ; Id. 9. Warrant where the Summons is disobeyed (D). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas on the last past, A. B. of , [labourer], was charged 
 
 before the undersigned, [one] of her Majesty's justices of the peace in and 
 
 for the said [county) of , for that [4~c. as in the summons] ; And 
 
 whereas [I] then issued [my] summons to the said A. B., commanding 
 him, in her Majesty's name, to be and appear before [me] on , at 
 
 (c) If the offence were committed out of the justice's jurisdiction, but the 
 offender be within it, add here the words as directed in note (b), ante, p. 258.
 
 CHAP, i.] General Forms or Outlines. 261 
 
 o'clock in the forenoon, at , or before such other justice or 
 
 justices of the peace for the same [county] as might then be there, to 
 answer to the said charge, and to be further dealt with according to law : 
 And whereas the said A. B. hath neglected to be or appear at the time 
 and place appointed in and by the said summons, although it hath now 
 been proved to [me] upon oath that the said summons was duly served 
 upon the said A. B. : These are therefore to command you, in her 
 Majesty's name, forthwith to apprehend the said A. B., and to bring him 
 before [me], or some other of her Majesty's justices of the peace in and 
 for the said [county] to answer to the said charge, and to be further dealt 
 with according to law. 
 
 Given under [my] hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county'] aforesaid. 
 
 , J. S. (L. s.) 
 
 10. Indorsement in backing a Warrant (K). 
 [This will be found at p. 27, Form No. 11 a.] 
 
 11. Search Warrant for Stolen Goods. (Not in Jervis's Act.) Vide s. 4 ; 
 To the constable of the parish of , in the [county] of . s rc j P' , 2 '. 
 
 [Proceed by reciting the information No. 4, ante, p. 259, to the end, then Qke's Svnop ' 
 thus :] These are therefore to command you, in her Majesty's name, p> 301. 
 forthwith, with necessary and proper assistants, to enter in the day time 
 into the said dwelling-house and premises [or as the case may be~\ of the 
 said A.B, and there diligently to search for the said goods; and if the 
 same, or any part thereof, shall be found upon such search, that you bring 
 the goods so found, and also the body of the said A. B., before me, or 
 some other of the justices of the peace in and for the [county] aforesaid, 
 to be disposed of and dealt with according to law. 
 
 Given, &c. [as Form No. 9, supra]. 
 
 12. Warrant to apprehend a Person charged with an indict- Vide s. 2 ; 
 
 able Offence committed on the hiqh Seas or abroad (E). Arch - P- 10 ? 
 
 Saund. p. 10 ; 
 
 For offences committed on the high seas the warrant may be the same Oke's Synop. 
 as in ordinary cases, but describing the offence to have been committed p. 308. 
 " on the high seas, out of the body of any county of this realm, and 
 within the jurisdiction of the admiralty of England." 
 
 For offences committed abroad, for which the parties may be indicted 
 in this country, the warrant also may be the same as in ordinary cases, 
 but describing the offence to have been committed " on land out of the 
 
 United Kingdom, to wit, at , in the kingdom of ," or "at , 
 
 in the East Indies," or "at , in the island of , in the West 
 
 Indies," or as the case may be. 
 
 13. Certificate of Indictment being found (F). 
 
 I hereby certify that at [a court of oyer and terminer and general gaol 
 delivery, or a court of general quarter sessions of the peace], holdon in 
 
 and for the [county] of , at , in the said [county] on , a 
 
 bill of indictment was found by the grand jury against A. B., therein 
 described as A. B. late of [labourer], for that he [$c. staling shortly
 
 262 
 
 Indictable Offences. 
 
 [PART u. 
 
 Vide s. 3 ; 
 Arch. p. 14; 
 Saund. p. 11 ; 
 Oke's Synop. p. 
 309. 
 
 the offence], and that the said A. B. hath not appeared or pleaded to the 
 said indictment. 
 
 Dated this day of , 184. 
 
 J. D. 
 
 Clerk of the indictments on the circuit, 
 
 or 
 Clerk of the peace of and for the said [county]. 
 
 14. Warrant to apprehend a Person indicted (G.) 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas it hath been duly certified by J. D., clerk of the indictments 
 
 on the circuit, [or clerk of the peace of and for the [county of ] 
 
 that [&c., stating the certificate] : These are therefore to command you, 
 in her Majesty's name, forthwith to apprehend the said A. B., and to 
 bring him before [me], or some other justice or justices of the peace in 
 and for the said [county], to be dealt with according to law. Given 
 
 under my hand and seal, this day of , in the year of our Lord 
 
 , at , in the I county] aforesaid. 
 
 J. S. (L. s.) 
 
 15. Deposition that the Person apprehended is the same who 
 is indicted. (Not in Jervis's Act.) 
 
 ) The deposition of J. N., of the parish of , in the [county] 
 
 to wit. J of, constable, taken upon oath before me, the undersigned, 
 
 one of her Majesty's justice of the peace for the said [county] of , 
 
 at , in the same [county], this day of , A. D. 1850 : 
 
 Who saith, I well know A. B., of &c., described in the certificate of 
 
 J. D., the clerk of the indictments on the circuit [or clerk of the 
 
 peace of and for the [county] of , now produced and shown to me ; 
 
 that I never heard mention of any other person of the same name as the 
 
 said A. B. living at or near the parish of aforesaid ; * that A. B., 
 
 apprehended [by me] and now here present, is the same person who is 
 
 charged in the indictment referred to in the said certificate. 
 
 Taken and sworn before me, the day and year) J. N. 
 
 and at the place above mentioned. 
 
 J. 
 
 LUC oaiu 
 
 d year"| 
 
 r. s. ) 
 
 16. Warrant of Commitment of a Person indicted (H). 
 
 To the constable of , and to the keeper of the [common gaol, or 
 
 house of correction,] at , in the said [county] of . 
 
 Whereas by [my] warrant under [my] hand and seal, dated the 
 
 day of , after reciting that it had been certified by J. D. [fyc., as in 
 
 the certificate], [I] commanded the constable of and all other peace 
 
 officers of the said county, in her Majesty's name, forthwith to apprehend 
 the said A. B., and to bring him before [me], the undersigned, [one] of 
 her Majesty's justices of the peace in and for the said [county], or before 
 some other justice or justices of the peace in and for the said [county], 
 to be dealt with according to law : And whereas the said A. B. hath been 
 apprehended under and by virtue of the said warrant, and being now 
 brought before [me], it is hereupon duly proved to [me] upon oath that 
 the said A. B. is the same person who is named and charged in and by
 
 CHAP, i.] General Forms or Outlines. 263 
 
 the said indictment : These are therefore to command you the said con- 
 stable, in her Majesty's name, forthwith to take and safely convey the 
 
 said A. B. to the said [house of correction] at , in the said [county'], 
 
 and there to deliver him to the keeper thereof together with this precept ; 
 and I hereby command you the said keeper to receive the said A. B. into 
 your custody in the said house of correction, and him there safely to keep 
 until he shall be thence delivered by due course of law. Given under my 
 
 hand and seal, this day of , in the year of our Lord , at 
 
 , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 17. Deposition that the Person indicted is the same who is in 
 Custody for some other Offence. (Not in Jervis's Act.) 
 
 [Proceed as in the Form No. 15 to the asterisk*, then thus:] that 
 A. B., now confined in the [common gaol] at -, in the [county] of 
 , is the same person who is indicted and referred to in the said cer- 
 tificate. 
 
 18. Warrant to detain a Person indicted mho is already in 
 Custody for another Offence (I). 
 
 To the keeper of the [common gaol, or house of correction] at , 
 
 in the said [coitnty~\ of . 
 
 Whereas it hath been duly certified by J. D., clerk of the indictments 
 
 on the circuit [or clerk of the peace of and for the county of ], 
 
 that [4 - c., stating the certificate] : And whereas [I am] informed that the 
 
 said A. B. is in your custody in the said [common gaol] at aforesaid, 
 
 charged with some offence or other matter ; and it being now duly 
 proved upon oath before [me] that the said A. B. so indicted as afore- 
 said, and the said A. B. in your custody as aforesaid, are one and the 
 same person : These are therefore to command you, in her Majesty's 
 name, to detain the said A. B. in your custody in the [common gaol] 
 aforesaid until by her Majesty's writ of habeas corpus he shall be removed 
 therefrom for the purpose of being tried upon the said indictment, or 
 until he shall otherwise be removed or discharged out of your custody by 
 
 due course of law. Given under my hand and seal, this day of 
 
 , in the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L.S.) 
 
 19. Warrant of Apprehension of Foreigners committing 
 Offences in France, &c. and escaping to this Country. 
 (Given in Schedule to 8 & 9 Viet. c. 120.) 
 
 To all and each of the constables of the Metropolitan Police Force. 
 
 Metropolitan "j Whereas the Right Honourable , one of her 
 
 Police District > Majesty's principal secretaries of state, by warrant 
 to wit. ) under his hand and seal, hath signified to me that 
 pursuant to the [convention made between her Majesty and the King 
 of the French in the year one thousand eight hundred and forty-three, 
 or the treaty made between her Majesty and the United States of 
 America in the year one thousand eight hundred and forty-two, as the 
 case may be], for the apprehension of certain offenders, requisition hath 
 
 been duly made to him for delivering up to justice A. B., late of , 
 
 who is charged with having committed the crime of [here specify the 
 offence], within the jurisdiction of [his Majesty the King of the French, 
 or the United States of America, as the case may be] : This is therefore to
 
 264 
 
 Indictable Offences. 
 
 [PART n. 
 
 command you, in her Majesty's name, forthwith to apprehend the said 
 A. B., pursuant to an act passed iti the ninth year of the reign of her 
 Majesty, intituled [here insert the title of this act~\, wherever he may be 
 found in England, and bring him before me, or some other magistrate 
 sitting in this court, (o answer unto the said charge, for which this shall 
 
 be your warrant. Given under my hand and seal at , one of the 
 
 police courts of the metropolis, this day of , in the year of our 
 
 Lord . 
 
 J. P. (L. s.) 
 
 20. Warrant of Committal of Person apprehended. (Given 
 in Schedule to 8 & 9 Viet. c. 120.) 
 
 To A. B., one of the constables of the Metropolitan Police Force, 
 
 and to the keeper of the at . 
 
 Metropolitan \ Be it remembered, that on the day of , in 
 
 Police District /the year of our Lord , A. B., late of , is 
 
 to wit. ) brought before me, J. P., one of the police magistrates 
 of the metropolis, sitting at the police court in , within the metro- 
 politan police district, and is charged before me, for that he the said 
 
 A. B., on the day of , at , within the jurisdiction of [his 
 
 Majesty the King of the French, or the United States of America, us the 
 case may be], did [here state the offence] : And forasmuch as it hath been 
 shown to me, upon such evidence as by law is sufficient to justify the 
 committal to gaol of the said A. B., pursuant to an act passed in the 
 seventh year of the reign of Queen Victoria, intituled [here insert the title 
 of the sixth and seventh Victoria, chapter seventy-five, or six and seventh 
 Victoria, chapter seventy-six, as the case may require], that the said A. B. 
 is guilty of the said offence : This is therefore to command you the said 
 constable, in her Majesty's name, forthwith to convey and deliver the body 
 
 of the said A. B. into the custody of the said keeper of the , at ; 
 
 and you the said keeper to receive the said A. B. into your custody in the 
 
 same , and him there safely to keep until he shall be thence delivered 
 
 pursuant to the provisions of the said act, for which this shall be your 
 
 warrant. Given under my hand and seal at , one of the police 
 
 courts of the metropolis, this day of , in the year of our Lord 
 
 J. P. (L. s.) 
 
 Vide s. 21 ; 
 Arch. p. 62 ; 
 Saund. p. 39 ; 
 Oke's Synop. 
 p. 312. 
 
 SECT. 3. OF REMANDING OR BAILING ACCUSED BEFORE 
 OR DURING EXAMINATION. 
 
 21. Warrant remanding a Prisoner (Q. 1). 
 
 To the constable of , and to the [keeper of the house of correc- 
 tion] at , in the said [county] of . 
 
 Whereas A. B. was this day [or on the day of ] charged 
 
 before the undersigned [one] of her Majesty's justices of the peace in and 
 for the said [county] of , for that [4-0., as in the warrant to appre- 
 hend] [and was thereupon remanded until this day, and is now here before 
 me] ; and it appears to me to be necessary to remand the said A. B. 
 [again] : These are therefore to command you the said constable [keeper] 
 in her Majesty's name forthwith to convey the said A. B. to the [house of 
 
 correction] at , in the said [county] [and there to deliver him to the 
 
 keeper thereof, together with this precept ; and I hereby command you 
 the said keeper to receive the said A. B. into your custody in the said 
 house of correction], and there safely keep him until the day of
 
 CHAP, i.j General Forms or Outlines. 265 
 
 instant, when J hereby command you to have him at * at 
 
 o'clock in the forenoon of the same day before [me], or before some 
 
 other justice or justices of the peace for the said [county] as may then be 
 there, to answer further to the said charge, and to be further dealt with 
 according to law, unless you shall be otherwise ordered in the meantime. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 N. B. The portions in the above form within brackets [ ] in italic 
 are to adapt it to where a second remand takes place ; the words 
 " and there to deliver, &c." to the word " correction," must be 
 omitted altogether in such a case. 
 
 22. Order to bring up Accused before Expiration of the Vide s. 21 ; Id. 
 
 Remand. (Not in Jervis's Act.) 
 To the keeper of the [common gaol] at , in the said [county] of 
 
 ) Whereas A. B., of &c. was on the day of corn- 
 to wit. J mitted [by me] to your custody in the said [common gaol], 
 charged with [state offence shortly], and by the warrant in that behalf 
 
 you were commanded to have him at on the day of now 
 
 [next], at o'clock in the forenoon, before such justice or justices of 
 
 the peace for the said [counti/] as might then be there, to answer further 
 to the said charge, and to be further dealt with according to law, unless 
 you should be otherwise ordered in the meantime : And whereas it 
 appears to me, the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said [county] of , [or the said justice] to be expedient 
 
 that the said A. B. should be further examined before the expiration of 
 the said remand : These are therefore to order you, in her Majesty's 
 name, to bring and have the said A. B., at [fyc., follow from the asterisk 
 * in Form No. 21, supra, to the end.] 
 
 23. Recognizance of Sail instead of Remand, on an Adjourn- 
 ment of Examination (Q. 2). 
 
 Be it remembered, that on the day af , in the year of our 
 
 Lord , A. B. of , [labourer], L. M. of , [grocer], and N. O. 
 
 of , [butcher], personally came before me, one of ner Majesty's jus- 
 tices of the peace for the said [county], and severally acknowledged them- 
 selves to owe to our lady the Queen the several sums following, that is 
 
 to say, the said A. B. the sum of , and the said L. M. and N. O. 
 
 the sum of , each of good and lawful money of Great Britain, to be 
 
 made and levied of their several goods and chattels, lands and tenements 
 respectively, to the use of our said lady the Queen, her heirs and succes- 
 sors, if he the said A. B. fail in the condition indorsed. 
 
 Taken and acknowledged, the day and year first above mentioned, at 
 
 , before me. 
 
 J. S. 
 Condition. 
 
 The condition of the within-written recognizance is such, that whereas 
 
 the within-bounden A. B. was this day [or on last past] charged 
 
 before me, for that [#c., as in the warrant] : And whereas the examina- 
 tion of the witnesses for the prosecution in this behalf is adjourned until 
 the day of instant ; if therefore the said A. B. shall appear
 
 266 
 
 Indictable Offences. 
 
 [PART n. 
 
 before me on the said day of instant, at o'clock in the 
 
 forenoon, or before snch other justice or justices of the peace for the said 
 [county] as may then be there, to answer [further] to the said charge, 
 and to be further dealt with according to law, then the said recognizance 
 to be void, or else to stand in full force and virtue. 
 
 24. Notice of such Recognizance, to be given to the Accused 
 and his Sureties (Q. 3). 
 
 - : Take notice, that you A. B., of - , are bound in the sum of 
 - , and your sureties, L. M. and N. O., in the sum of - each, that 
 you A. B. appear before me, J. S., one of her Majesty's justices of the 
 peace for the [county] of - , on - the - day of - instant, 
 at - o'clock in the forenoon, at - , or before such other justice or 
 justices of the peace for the same [county] as may then be there, to 
 answer further to the charge made against you by C. D., and to be fur- 
 ther dealt with according to law ; and unless you A. B. personally appear 
 accordingly, the recognizances entered into by yourself and sureties will 
 be forthwith levied on you and them. Dated this - day of - 
 
 IM - j. s. 
 
 25. Certificate of Non-appearance, to be endorsed on the 
 Recognizance (Q. 4). 
 
 I hereby certify that the said A. B. hath not appeared at the time and 
 place in the above condition mentioned, but therein hath made default, 
 by reason whereof the within-written recognizance is forfeited. 
 
 J. S. 
 
 SECT. 4. OF COMPELLING WITNESSES' ATTENDANCE, &c. 
 
 26. Deposition that a Person is a material Witness. (Not in 
 Jervis's Act.) 
 
 Vides. 16; 
 Arch. p. 42 ; 
 Saund. p. 27; 
 
 Oke's Synop. p. [This will be the same as Form No. 18, ante, p. 30, except that the 
 314. witness must be stated to be likely to give material evidence for the 
 
 prosecution only.] 
 
 27. Summons of a Witness (L.I). 
 
 To E. F. of , [labourer]. 
 
 Whereas information hath been laid before the undersigned [one] of 
 
 her Majesty's justices of the peace in and for the said [county] of , 
 
 that A. B. [4"C., as in the summons or warrant against the accused], 
 and it hath been made to appear to me upon [oath] that you are 
 likely to give material evidence for the [prosecution]: These are there- 
 fore to require you to be and to appear before me on next, at 
 
 o'clock in the forenoon, at , or before such other justice or justices of 
 
 the peace for the same county as may then be there, to testify what you 
 shall know concerning the said charge so made against the said A. B. as 
 aforesaid. Herein fail not. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.)
 
 CHAP, i.] General Forms or Outlines. 267 
 
 28. Deposition of Constable of the Service of the last Summons. 
 (Not in Jervis's Act.) 
 
 [This will be the same as Form No. 9, ante, p. 26, no tender of ex- 
 penses being necessary in indictable offences.] 
 
 29. Warrant where a Witness has not obeyed a Summons. 
 (L. 2). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas information having been laid before the undersigned [one] of 
 
 her Majesty's justices of the peace in and for the said [county'] of , 
 
 that A. B. [Sfc. as in the summons], and it having been made to appear to 
 
 me upon oath that E. F., of , [labourer], was likely to give material 
 
 evidence for the prosecution, I did duly issue my summons to the said 
 
 E. F., requiring him to be and appear before me on , at , or 
 
 before such other justice or justices of the peace for the same county as 
 might then be there, to testify what he should know respecting the said 
 charge so made against the said A. B. as aforesaid : And whereas proof 
 hath this day been made before me upon oath of such summons having 
 been duly served upon the said E. F. : And whereas the said E. F. hath 
 neglected to appear at the time and place appointed by the said sum- 
 mons, and no just excuse has been offered for such neglect : These are 
 therefore to command you to bring and have the said E. F. before me, 
 
 on at o'clock in the forenoon, at , or before such other 
 
 justice or justices of the peace for the same [county] as may then be 
 there, to testify what he shall know concerning the said charge so made 
 against the said A. B. as aforesaid. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 30. Warrant for a Witness in the first instance (L. 3). 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 Whereas information hath been laid before the undersigned, [one] of 
 
 her Majesty's justices of the peace in and for the said [county] of , 
 
 that [4r. as in summons], and it having been made to appear to me 
 upon oath that E. F., of , [labourer], is likely to give material evi- 
 dence for the prosecution, and that it is probable that the said E. F. will 
 not attend to give evidence without being compelled so to do: These are 
 therefore to command you to bring and have the said E. F. before me 
 
 on , at o'clock in the forenoon, at , or before such other 
 
 justice or justices of the peace for the same [county] as may then be 
 there, to testify what he shall know concerning the said charge so made 
 against the said A. B. as aforesaid. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.)
 
 268 Indictable Offences. [PART n. 
 
 31. Warrant of Commitment of a Witness for refusing to be 
 
 sworn, or to give Evidence (L. 4). 
 
 To the constable of , and to the keeper of the [house of correc- 
 tion] at , in the said [county] of . 
 
 Whereas A. B. was lately charged before the undersigned [one] of her 
 
 Majesty's justices of the peace in and for the said [county] of , for 
 
 that [6fC. as in the summons], and it having been made to appear to me 
 
 upon oath that E. F. of was likely to give material evidence for the 
 
 prosecution, I duly issued my summons to the said E. F., requiring him 
 
 to be and appear before me on , at , or before such other justice 
 
 or justices of the peace as should then be there, to testify what he should 
 know concerning the said charge so made against the said A. B. as afore- 
 said; and the said E. F. now appearing before me [or being brought 
 before me by virtue of a warrant in that behalf, to testify as aforesaid], 
 and being required to make oath or affirmation as a witness in that 
 behalf, hath now refused so to do, [or being duly sworn as a witness doth 
 now refuse to answer certain questions concerning the premises which are 
 here put to him,] without offering any just excuse for such his refusal : 
 These are therefore to command you the said constable to take the said 
 
 E. F. and him safely to convey to the [house of correction] at , in 
 
 the county 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 E. F. into your 
 custody in the said [house of correction], and him there safely keep* for 
 
 the space of days for his said contempt, unless he shall in the mean 
 
 time consent to be examined and to answer concerning the premises; and 
 for your so doing this shall be your sufficient warrant. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 32. Warrant of Commitment of a Witness for refusing to be 
 sworn, or to give Evidence, mho attends without a Summons. 
 (Not in Jervis's Act.) 
 
 To the constable [as Form No. 31.] 
 
 Whereas A. B. was this day brought before me, the undersigned, [one] 
 
 of her Majesty's justices of the peace in and for the said [county] of , 
 
 for that he, the said A. B., did on the day of last, at the parish 
 
 of , in the [county] aforesaid, [here state the charge as in the caption of 
 
 the depositions] : And whereas one E. F. of &c., here in the presence of 
 the said A. B., now under examination before me the said justice on the 
 charge aforesaid, now voluntarily appears as a witness for the prosecution 
 in that behalf, and the said E. F. appearing to me, upon oath, likely to 
 give material evidence for the prosecution, but being required to make oath 
 or affirmation as a witness in that behalf hath now refused so to do, 
 
 [or being duly sworn as a witness, doth now refuse to answer certain 
 questions concerning the premises, which are here put to him,] 
 without offering any just excuse for such his refusal : These are therefore 
 to command you, [follow in the Form No. 31 to the ast frisk*, then tfins,] 
 until he shall submit to be examined on oath or affirmation, and to answer 
 concerning the premises, and for your so doing, &c. [to end o/'No. 31.]
 
 CHAP, i.j General Forms or Outlines. 269 
 
 SECT. 5. THE PRELIMINARY EXAMINATION. 
 
 33. Depositions of Witnesses (M). (a) Vide ss. 17, 19, 
 
 J The examination of C. D. of , I farmer-], and E. F. of , Arch. p. 48.63 ; 
 
 to wit. t [labourer], taken on [oath] this day of , in the year of Saund.p.d 
 
 our Lord , at , in the [county] aforesaid, before the undersigned, 01^ S Qiu n 
 
 [one] of her Majesty's justices of the peace for the said [county] (6), in ' 
 the presence and hearing of A. B., who is charged this day before [me], 
 
 for that he, the said A. B., on , at , [4~c. describing the offence 
 
 as in a warrant of commitment.] 
 
 This deponent, C. D., on his [oath] saith as follows, [Sfc. stating the 
 deposition of the witness as nearly as possible in the words he uses. When 
 his deposition is complete, let him sign it.] 
 
 And this deponent, E. F., upon his oath saith as follows, &c. (c). 
 
 The above depositions of C. D. and E. F were taken and [sworn] before 
 
 me at , on the day and year first above-mentioned. 
 
 J.S. 
 
 34. He-examination of the Witnesses, to be written on the same 
 Paper. (Not in Jervis's Act.) 
 
 The examination of F. G. of &c. taken on [oath] this day of 
 
 , in the year of our Lord , at aforesaid, before me, the 
 
 justice aforesaid, [or the undersigned], [one] of her Majesty's justices of 
 the peace for the said [county], on the re-examination and in the presence 
 and hearing of the said A. B., charged with the offence aforesaid. 
 
 This deponent, F. G. on his [oath] saith as follows : [proceed as in 
 Form No. 33, supra, and placing a jurat at the conclusion.] 
 
 35. Memorandum, to be written where the Accused does not 
 make a Statement. (Not in Jervis's Act.) 
 
 The above-named prisoner, A. B., after having been duly cautioned, 
 declines [under the advice of his attorney] to make any statement, [or 
 says he has nothing to say.] 
 
 J.S. 
 
 [N. B. This should be written after the jurat to the depositions.] 
 
 (a) Where the accused is brought before the justice without warrant, an 
 information need not be taken, the statement of the charge in the caption of the 
 depositions being sufficient. 
 
 (b) Where the depositions are taken out of the county where the offence was 
 committed by a justice of that and the adjoining county, where they were taken, 
 erase the word "said," and insert "counties of C. and S., being adjoining coun- 
 ties," then the place of taking them being correctly inserted in the blanks for that 
 purpose, they would show the justices' jurisdiction. 
 
 (c) Where the accused interposes an observation during the examination of 
 a witness, insert it in this manner: *' The prisoner here voluntarily says 1 ' [put his 
 very words.] The cross-examination should likewise be taken down, as " cross- 
 examined by [Mr. J., Attorney,] for the accused." And where the accused 
 himself cross-examines the witness, the answer as well as the question may be 
 taken down.
 
 270 
 
 Indictable Offences. 
 
 [PART n. 
 
 Vides. 18; 
 Arch. p. 50 ; 
 Saund. p. 33 ; 
 Oke's Synop. 
 p. 319. 
 
 Vide s. 25 ; 
 Arch. p. 78 ; 
 Saund. p. 48; 
 Oke's Synop. 
 p. 320. 
 
 36. Memorandum to be written on Documents produced in 
 Evidence. (Not in Jervis's Act.) 
 
 This is the plan [or as the case may be] produced to me, the under- 
 signed, [owe] of her Majesty's justices of the peace for the [county] of 
 
 , on the examination of A. B., charged with arson, [forgery, &c.] 
 
 and referred to in the examination of C.D. touching the said charge, this 
 
 day of ,1850. 
 
 J.S. 
 
 37. Statement of the Accused (N). (d) 
 
 A. B. stands charged before the undersigned, [one] of her Majesty's 
 
 justices of the peace in and for the [county] aforesaid, this day 
 
 of , in the year of our Lord , for that he, the said A. B., on 
 
 , at , [SfC. as in the caption of the depositions'], and the said 
 
 charge being read to the said A. B., and the witnesses for the prosecution, 
 C. D. and E. F., being severally examined in his presence, the said A. B. 
 is now addressed by me as follows : " Having heard the evidence, do you 
 wish to say anything in answer to the charge ? you are not obliged to say 
 anything unless you desire to do so ; but whatever you say will be taken 
 down in writing, and may be given in evidence against you upon your 
 trial;"* whereupon the said A. B. saith as follows : 
 
 [Here state whatever the prisoner may say, and in his very words, as 
 nealy as possible. Get him to sign it if he will.] 
 
 A. B. 
 
 Taken before me at , the day and year first above mentioned. 
 
 J. S.f 
 
 * The purport of the proviso in s. 18 of 11 & 12 Viet. c. 42, should 
 also be stated to the accused in the following form : 
 
 " And you are also clearly to understand that you have nothing to 
 hope from any promise of favour, and nothing to fear from any 
 threat which may have been holden out to you to induce you to 
 make any admission or confession of your guilt ; but whatever you 
 shall now say may be given in evidence against you upon your 
 trial, notwithstanding such promise or threat." 
 
 t If the accused, after making a statement, calls witnesses to account 
 for his possession of the stolen property, or the like, write as 
 follows at the foot of the statement: " The above-named pri- 
 soner, A. B., after making the above statement in answer to the 
 charge, offers the following witnesses to be examined on his behalf, 
 
 namely, G. H., of the parish of , in the said county of , 
 
 labourer, and I. K., of the same parish, farmer, Sfc. 
 
 The said G.H. on his [oath~] suith as follows:" {stating the words he 
 uses in the usual manner.] 
 
 38. Warrant of Commitment (T. 1). 
 
 To the constable of , and to the keeper of the [house of correction] 
 
 at , in the said [county] of . 
 
 Whereas A. B. was this day charged before me, J. S., one of her 
 Majesty's justices of the peace in and for the said [county] of , on the 
 
 (rf) A separate statement should be used for each accused person, where 
 more than one concerned in the same offence. Vide Mem. No. 35, ante, 
 p. 269, where the accused does not make a formal statement.
 
 CHAP. I.] General Forms or Outlines. 271 
 
 oath of C. D. of , \Jurma\ and others, for that, [4'C. stating shortly 
 
 the offence] : 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 to deliver him to the 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], and there safely keep him * 
 until he shall be thence delivered by due course of law. Given under my 
 
 hand and seal, this day of , in the year of our Lord , at 
 
 , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 * It will be observed that this commitment does not state whether 
 the accused is to be tried at the assizes or sessions, or where. 
 Although not necessary, it might be advisable, for the guidance 
 of the keeper of the gaol, where the precise nature of the charge 
 cannot be gathered from the short statement of the offence in 
 this form, to insert at this place : " The next court of oyer and 
 tenniner, or general gaol delivery, or [court of general quarter 
 sessions of the peace], to be holden in and for the said [county] of 
 
 38 a. Warrant of Commitment of Accused for Trial, where he 
 is brought up on Remand by the Keeper. (Not in Jervis's 
 Act.) (e) 
 
 To the keeper of the [house of correction] at , in the said [county] 
 
 of . 
 
 Whereas A. B. was this day brought up by you, the keeper of the 
 [house of correction], and further charged before me, J. S., one of her 
 
 Majesty's justices of the peace in and for the said [county] of , for 
 
 that, [fyc. stating shortly the offence], and by me now here ordered to be 
 committed for trial: These are therefore to command you, the said keeper, 
 to take back the said A. B. to the said [house of correction], and there 
 safely keep him in your custody until, &c. [as No. 38.] 
 
 39. Certificate of Consent to Bail by the committing Justice, vide s. 23; 
 
 indorsed on the Commitment No. 38, or 38 a, (S. 3). Arch. p. ?'l ; 
 
 I hereby certify that I consent to the within named A. B. being bailed Qke's Synop.' 
 
 by recognizance, himself in , and [two] sureties in each. p. 33). 
 
 J. S. 
 
 () The Form No. 38 may be easily altered to this when required.
 
 272 
 
 Indictable Offences. 
 
 [PART n. 
 
 Vide s. 22 ; 
 Arch. p. 66 ; 
 Saund. p. 41 ; 
 Oke's Synop. 
 p. 324. 
 
 40. Register of Persons committed or held to Bail for Indict- 
 able Offences. (Oke's Synopsis, 2nd edit. p. 323.) 
 
 Name, &c. 
 
 of 
 Prisoner. 
 
 Prosecutor and Witnesses. 
 
 Offence 
 and 
 Date. 
 
 Date 
 of 
 Examination. 
 
 Where 
 Committed. 
 
 Name, &c. 
 
 Recognizance. 
 
 
 
 
 
 
 
 
 Committing 
 Justices. 
 
 If Bailed. 
 
 Particulars of Certificate 
 of 
 Expenses. 
 
 Whether 
 Prisoner con- 
 victed, and 
 the Sentence. 
 
 Sureties. 
 
 Amount. 
 
 Justice. 
 
 
 
 
 
 
 *. d. 
 
 
 41. Warrant to convey the Accused before a Justice of the 
 County, fyc. in which the Offence was committed (R 1). 
 
 To W. T., constable of , and to all other peace officers in the 
 
 said [county] of . 
 
 Whereas A. B., of , [labourer], hath this day been charged before 
 
 the undersigned, [one] of her Majesty's justices of the peace in and for 
 
 the said [county] of , for that [4r. as in the warrant to apprehend] : 
 
 And whereas [I] have taken the deposition of C. D., a witness examined 
 by [me] in this behalf; but inasmuch as [I] am informed that the prin- 
 cipal witnesses to prove the said offence against the said A. B. reside in 
 the [county] of C., where the said offence is alleged to have been com- 
 mitted : These are therefore to command you the said constable, in her 
 Majesty's name, forthwith to take and convey the said A. B. to the said 
 [county] of C., and there carry him before some justice or justices of the 
 peace in and for that [county], and near unto the [parish of D.], where 
 the offence is alleged to have been committed, to answer further to the 
 said charge before him or them, and to be further dealt with according 
 to law; and [I] hereby further command you the said constable to de- 
 liver to the said justice or justices the information in this behalf, and also 
 the said deposition of C D. now given into your possession for that pur- 
 pose, together with this precept. Given under my hand and seal, this 
 
 day of , in the year of our Lord , at , in the [county] 
 
 aforesaid. J. S. (L.S.) 
 
 42. Order for Payment of the Constable's Expenses (R 2). 
 
 To R. W., Esquire, treasurer of the said county of C. 
 
 Whereas W. T., constable of , in the county of A., hath by virtue 
 
 of and in obedience to a certain warrant of J. S., Esquire, [one] of her 
 Majesty's justices of the peace in and for the said county of A., taken 
 and conveyed one A. B., charged before the said J. S. with having [Sfc. 
 stating shortly the offence], from , in the said county of A. to
 
 CHAP, i.] General Forms or Outlines. 273 
 
 in the said county of C., a distance of miles, and produced the said 
 
 A. B. before me, S. P., one of her Majesty's justices of the peace in and 
 
 for the said county of C., and delivered him into the custody of by 
 
 [my] direction, to answer to the said charge, and further to be dealt with 
 according to law : And whereas the said W. T. hath also delivered to 
 [me] the said warrant, together with the information in that behalf, and 
 also the deposition of C. D. in the said warrant mentioned, and hath 
 proved to [me] upon oath the handwriting of the said J. S. subscribed to 
 the same: And whereas [I] have ascertained that the sum which ought 
 to be paid to the said W. T. for conveying the said A. B. from the said 
 county of A. to the said county of C., and taking him before [me], is the 
 sum of , and that the reasonable expenses of the said W. T. in re- 
 turning will amount to the further sum of , making together the sum 
 
 of : These are therefore to order you, as such treasurer of the said 
 
 county of C., to pay unto the said W. T. the said sum of , according 
 
 to the form of the statute in such case made and provided, for which pay- 
 ment this order shall be your sufficient voucher and authority. Given 
 
 under my hand, this day of , 184. 
 
 J. P. 
 
 SECT. 6. OF BINDING OVER PROSECUTOR AND 
 WITNESSES, &c. 
 
 43. Recognizance to prosecute or (jive Evidence (0. 1). 
 
 Be it remembered, that on the day of , in the year of our yjje s- 20 
 
 Lord , C. D., of , in the township of , in the said county, Arch. p. 55 ; 
 
 farmer [or C. D., of No. 2, street, in the parish of , in the Saund. p. 37; 
 
 borough of , surgeon, of which said house he is tenant], personally Oke's Synop. 
 
 came before me, one of her Majesty's justices of the peace for the said p- 327. 
 county, and acknowledged himself to owe to our sovereign lady the 
 
 Queen, the sum of , of good and lawful money of Great Britain, to 
 
 be made and levied of his goods and chattels, lands and tenements, to the 
 use of our said lady the Queen, her heirs and successors, if he the said 
 C. D. shall fail in the condition indorsed. 
 
 Taken and acknowledged, the day and year first above mentioned, at 
 , before me. J. S. 
 
 Condition to prosecute.] The condition of the within-written recog- 
 nizance is such, that whereas one A. B. was this day charged 
 before me, J. S., justice of the peace within mentioned, for that 
 [SfC. as in the caption of the depositions], if therefore he the 
 said C. D. shall appear at the next court of oyer and terminer 
 or general gaol delivery [or at the next court of general quarter 
 sessions of the peace] to be holden in and for the [county'] of 
 , * and there prefer or cause to be preferred a bill of in- 
 dictment for the offence aforesaid against the said A. B., and 
 there also duly prosecute such indictment, then the said recog- 
 nizance to be void, or else to stand in full force and virtue. 
 
 Condition to prosecute and give Evidence.] Same as the last form 
 to the asterisk *, and then thus : and there prefer or cause to 
 be preferred a bill of indictment against the said A. B. for the 
 offence aforesaid, and duly prosecute such indictment, and give 
 evidence thereon as well to the jurors who shall inquire of the 
 said offence as also to them who shall pass upon the trial of the 
 said A. B., then the said recognizance to be void, or else to 
 stand in full force and virtue. 
 
 T
 
 274 Indictable Offences. [PART n. 
 
 Condition to give Evidence.'] Same as the lad form but one to the aste- 
 risk*, and then thus: and there give such evidence as he 
 knoweth upon a bill of indictment to be then and there pre- 
 ferred against the said A. B. for the offence aforesaid, as well 
 to the jurors who shall there inquire of the said offence as also 
 to the jurors who shall pass upon the trial of the said A. B. if 
 the said bill shall be found a true bill, then the said recognizance 
 to be void, or else to stand in full force and virtue. 
 
 43 a. The three Conditions of the above Recognizance in one 
 Form. (Not in Jervis's Act.) 
 
 Proceed from the asterisk* in the "Condition to prosecute," supra, 
 then thus :] and there [prefer or cause to be preferred a bill of indict- 
 ment for the offence aforesaid against the said A. B., and there also duly 
 prosecute such indictment, [and give evidence thereon as well to the 
 jurors who shall then inquire of the said offence as also to them who shall 
 pass upon the trial of the said A. B.] give such evidence as he knoweth 
 upon a bill of indictment to be then and there preferred against the said 
 A. B. for the offence aforesaid, as well to the jurors who shall there in- 
 quire of the said offence as also to the jurors who shall pass upon the trial 
 of the said A. B., if the said bill shall be found a true bill] then the 
 said recognizance to be void, or else to stand in full force and virtue. 
 
 44. Notice of the said Recognizance to be given to the Prose- 
 cutor and his Witnesses (O. 2). 
 
 > Take notice, that you C. D., of , are bound in the sum 
 
 to wit. J of to appear at the next court of [general quarter 
 
 sessions of the peace] in and for the [county] of , to be holden at 
 
 , in the said [county], and then and there [prosecute and] give 
 
 evidence against A. B. ; and unless you then appear there, and [prosecute 
 and] give evidence accordingly, the recognizance entered into by you 
 
 will be forthwith levied on you. Dated this day of 184 . 
 
 J. S. 
 
 45. The like, with Variation, where there is a Surety for a 
 Witness. (Not in Jervis's Act.) 
 
 Take notice, that you, C. D., of , &c., are bound in the sum of 
 
 pounds to appear [or for the appearance of L. M., of &c., a minor, 
 
 or the wife of J. M., of &c., as the case may be], at the next court of 
 general quarter sessions of the peace [or oyer and terminer and general 
 
 gaol delivery] in and for the said [county] of , to be holden at , 
 
 in the said [county] of , and then and there to [prosecute and] give 
 
 evidence against A. B. for [felony], and unless you [he] then appear 
 [appears and prosecute] and give evidence accordingly, the recognizance 
 entered into by you will be forthwith levied on you. 
 
 Dated this day of , 18. 
 
 J. S., Justice of the Peace for the 
 aforesaid [county] of .
 
 CHAP, i.] General Forms or Outlines. 275 
 
 46. Commitment of Witness for refusing to enter into the Vide s. 20 ; 
 
 Recognizance (P. 1). Arch - P- 55 ; 
 
 Saund. p. 37 ; 
 
 To the constable of , and to the keeper of the [house ofcorrec- Oke's Synop. 
 
 tion] at , in the said [county} of . P 327. 
 
 Whereas A. B., who was lately charged before the undersigned [one] 
 
 of her Majesty's justices of the peace in and for the said [county] of , 
 
 for that [4'c. as in the summons to the witness}, and it having been made 
 
 to appear to [me] upon oath, that E. F., of , was likely to give 
 
 material evidence for the prosecution, [I] duly issued [my summons to 
 
 the said E. F., requiring him to be and appear] before [me] on , at 
 
 , or before such other justice or justices of the peace as should then 
 
 be there, to testify what he should know concerning the said charge so 
 made against the said A. B. as aforesaid; and the said E. F. now appear- 
 ing before [me], [or being brought before [me] by virtue of a warrant in 
 that behalf, to testify as aforesaid], hath been now examined by [me] 
 touching the premises, but being by [me] required to enter into a recog- 
 nizance conditioned to give evidence against the said A. B. hath now 
 refused so to do : These are therefore to command you the said constable 
 to take the said E. F., and him safely to convey to the [house of correc- 
 tion] at , in the [county] 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 
 E. F. into your custody in the said [house of correction], there to imprison 
 and safely keep him until after the trial of the said A. B. for the offence 
 aforesaid, unless in the meantime such E. F. shall duly enter into such 
 
 recognizance as aforesaid in the sum of pounds, before some one 
 
 justice of the peace for the said [county], conditioned in the usual form to 
 appear at the next court of [oyer and terminer or general gaol delivery, 
 or general quarter sessions of the peace], to be holden in and for the 
 
 [county] of , and there to give evidence before the grand jury upon 
 
 any bill of indictment which may then and there be preferred against the 
 said A. B. for the offence aforesaid, and also to give evidence upon the 
 trial of the said A. B. for the said offence, if a true bill should be found 
 against him for the same. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord, , at , in the [county] aforesaid. 
 
 47. Subsequent Order to discharge the Witness (P. 2). 
 
 To the keeper of the [house of correction] at , in the [county] 
 
 of . 
 
 Whereas by [my] order, dated the day of [instant], reciting 
 
 that A. B. was lately before then charged before [me] for a certain 
 offence therein mentioned, and that E. F. having appeared before [me], 
 and being examined as a witness for the prosecution in that behalf, 
 refused to enter into a recognizance to give evidence against the said 
 A. B., and [I] therefore thereby committed the said E. F. to your 
 custody, and required you safely to keep him until after the trial of the 
 said A. B. for the offence aforesaid, unless in the meantime he should 
 enter into such recognizance as aforesaid : And whereas, for want of 
 sufficient evidence against the said A. B., the said A. B. has not been 
 committed or holden to bail for the said offence, but, on the contrary 
 thereof, has been since discharged, and it is therefore not necessary that 
 the said E. F. should be detained longer in your custody: These are 
 therefore to order and direct you, the said keeper, to discharge the said 
 
 x2
 
 276 
 
 Indictable Offences. 
 
 [PART n. 
 
 E. F. out of your custody as to the said commitment, and suffer him to 
 go at large. 
 
 Given under [my] hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county'] aforesaid. 
 
 J. S. (L.S.) 
 
 Vide s. 23; 
 Arch. p. 71; 
 Saund. p. 44 ; 
 Oke's Synop. 
 p. 331. 
 
 SECT. 7. OF BAILING ACCUSED AFTER EXAMINATION. 
 48. Recognizance of Bail (S. 1). 
 
 Be it remembered, that on the day of , in the year of our 
 
 Lord , A. B., of , [labourer], L. M., of , [grocer], and 
 
 N. O., of , [butcher], personally came before [us] the undersigned, 
 
 two of her Majesty's justices of the peace for the said [county], and 
 severally acknowledged themselves to owe to our lady the Queen the 
 
 several sums following (that is to say); the said A. B. the sum of , 
 
 and the said L. M. and N. O. the sum of each, of good and lawful 
 
 money of Great Britain, to be made and levied of their goods and chattels, 
 lands and tenements respectively, to the use of our said lady the Queen, her 
 heirs and successors, if he the said A. B. fail in the condition indorsed. 
 Taken and acknowledged, the day and year first above mentioned, 
 
 at , before us, 
 
 J. S. 
 J. N. 
 
 Condition in ordinary Cases.] The condition of the within-written 
 recognizance is such, that whereas the said A. B. was this day 
 charged before [us], the justices within mentioned, for that 
 [fyc., as in the warrant] ; if therefore the said A. B. will appear 
 at the next court of oyer and terminer and general gaol delivery 
 [or court of general quarter sessions of the peace] to be holden 
 
 in and for the [county] of , and there surrender himself 
 
 into the custody of the keeper of the [common gaof] there, and 
 plead to such indictment as may be found against him by the 
 grand jury, for or in respect of the charge aforesaid, and take 
 his trial upon the same, and not depart the said court without 
 leave, then the said recognizance to be void, or else to stand in 
 full force and virtue. 
 
 Condition where the Defendant is entitled to a Traverse.] The con- 
 dition of the within-written recognizance is such, that whereas 
 the said A. B. was this day charged before [me], the justice 
 within mentioned, for that [4 - c-, as in the. warrant or summons] ; 
 if therefore the said A. B. will appear at the next court of 
 general quarter sessions of the peace [or court of oyer and 
 terminer and general gaol delivery] to be holden in and for the 
 
 [county] of , and there plead to such indictment as may be 
 
 found against him by the grand jury for or in respect of the 
 charge aforesaid, and shall afterwards, at the then next court of 
 general quarter sessions of the peace [or court of oyer and 
 terminer and general gaol delivery], surrender himself into the 
 custody of the keeper of the [house of correction] there, and 
 take his trial upon the said indictment, and not depart the said 
 court without leave, then the said recognizance to be void, or 
 else to stand in full force and virtue.
 
 CHAP, i.] General Forms or Outlines. 
 
 49. Notice of the said Recognizance to be given to the Accused 
 and his Sail (S. 2). 
 
 Take notice, that you A. B., of , are bound in the sum of 
 
 and your [sureties L. M. and N. 0.] in the sum of each, that you 
 
 A. B. appear, &c. [as in the condition of the recognizance], and not depart 
 the said court without leave ; and unless you the said A. B. personally 
 appear and plead, and take your trial accordingly, the recognizance 
 entered into by .you and your sureties shall be forthwith levied on you and 
 them. 
 
 Dated this day of , 184. J. S. 
 
 50. Certificate of Consent to Bail by the committing Justice, 
 on a separate Paper from the Commitment (S. 4). 
 
 Whereas A. B. was on the committed by me to the [house of cor- 
 rection] at , charged with [#c. stating the offence shortly] : I hereby 
 
 certify, that I consent to the said A. B. being bailed by recognizance, 
 
 himself in , and [two] sureties in each. 
 
 Dated the day of , 184. J. S. 
 
 51. Warrant of Deliverance on Sail being given for a Vide s. 24 ; 
 
 Prisoner already committed (S. 5). Arch - P- 77 ; 
 
 y Saund. p. 47 ; 
 
 To the keeper of the [house of correction] at , in the said oke's Synop. 
 
 [county] of . p. 333. 
 
 Whereas A. B. late of , [labourer], hath before [us, two] of her 
 
 Majesty's justices of the peace in and for the said county,* entered into 
 his own recognizance, and found sufficient sureties for his appearance at 
 the next court of oyer and terminer and general gaol delivery, [or court 
 of general quarter sessions of the peace], to be holden in and for the 
 
 county of , to answer our sovereign lady the Queen, for that [SfC., as 
 
 in the commitment], for which he was taken and committed to your said 
 [ house of correction] : These are therefore to command you, in her said 
 Majesty's name, that if the said A. B. do remain in your custody in the said 
 [house of correction] for the said cause, and for no other, you shall forth- 
 with suffer him to go at large. 
 
 Given under our hands and seals, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 J.N. (L.S.) 
 
 52. The like, by committing Justice, on Recognizances of Sure- 
 ties being taken before him, conditional on Accused entering 
 into his own. (Not in Jervis's Act.) (a) 
 
 Proceed as in Form No. 51, supra, to the first asterisk, * then thus :] 
 found sufficient sureties for his appearance ; [follow to end, then add :] upon 
 his duly entering into his own recognizance in the manner and form 
 mentioned in my certificate indorsed upon the warrant of commitment in 
 this behalf. 
 
 (a) This is instead of the parchment recognizance, as required by the 23rd 
 section, being transmitted to the keeper.
 
 278 Indictable Offences. [PART n. 
 
 53. Recognizance of Bail upon Habeas Corpus. (From Arch. 
 Prac. Cr. Office, 335.) 
 
 Be it remembered, that on the day of , in the year 
 
 of the reign of our sovereign lady Victoria, by the grace of God, of the 
 united kingdom of Great Britain and Ireland Queen, Defender of the 
 Faith, I. S. of [fyc. inserting the names and additions of defendant and 
 bail (),] came oefore me J. P., Esquire, one of her Majesty's justices of 
 
 the peace in and for the county of , and acknowledged to owe to our 
 
 sovereign lady the Queen the several sums following, that is to say, the 
 
 said J. S. the sum off , and the said A. B., C. D., E. F., and G. H. 
 
 the sum of each of lawful money of Great Britain, to be levied 
 
 upon their several goods and chattels, lands and tenements, to her Ma- 
 jesty's use, upon condition that if the said J. S. shall personally appear 
 at the next [assizes and sessions of oyer and terminer and general gaol 
 delivery, or general quarter sessions of the peace] to be holden in and for 
 
 the county of , and then and there answer to all such matters and 
 
 things as on her Majesty's behalf shall then and there be objected against 
 him, and so from day to day, and not depart that court without leave, 
 then this recognizance to be void, or else to remain in full force. 
 
 Taken and acknowledged the day and year first above said at . 
 
 Before me, J. P. 
 
 54. Notice of Bail, where required to be given. (Not in 
 Jer vis's Act.) 
 
 C. D. against A. B. for . 
 
 > Take notice, that W. B. of No. 9, Street, in the of 
 
 to wit. \ , and R. W. of , will, on next, the day of 
 
 instant, at o'clock in the forenoon, before such of her Majesty's 
 
 justices of the peace for the said [county'] of as shall be then pre- 
 sent at the , become bail for the personal appearance of the above- 
 named A. B. at the next [sessions of the peace] to be holden in and for 
 the said [county], there to answer and plead to the indictment preferred 
 and found at the last sessions for [stating offence shortly. ,] 
 
 Dated this day of , 1850. 
 
 C. P. solicitor for the said A. B. 
 To Mr. C. D., the prosecutor, 
 
 [or Mr. O. B., solicitor for the prosecution.] 
 
 55. Complaint of Bail for a Person charged with an Indict- 
 able Offence, in order that he might be committed in Dis- 
 charge of their Recognizance. (Not in Jervis's Act.) 
 
 Proceed in the Form No. 1, ante, p. 258, to the asterisk, * altering it to 
 two complainants, if there be more than one surety, then thus :] that they 
 
 the said C. D. and E. F. were on the day of now last past, 
 
 severally and respectively dnly bound by recognizance befor J. P., Esquire, 
 
 one of her Majesty's justices of the peace for the said [county] of , 
 
 in the sum of each, upon condition that one A. B., of &c. should 
 
 appear at the next court of oyer and terminer and general gaol delivery 
 [or court of general quarter sessions of the peace] to be holdeu in and for 
 
 (&) There must be four sureties in cases of felony, two in misdemeanor, 
 (Arch. Pr. Cr. O. 331.)
 
 CHAP, i.] General Forms or Outlines. 279 
 
 the [county] of , and there surrender himself into the custody of the 
 
 keeper of the [common goof] there, and plead to such indictment as might 
 be found against him by the grand jury for or in respect of the charge of 
 [stating the charge shortly], and take his trial upon the same, and not de- 
 part the said court without leave ; and that these complainants have reason 
 to suspect and believe, and do verily suspect and believe, that the said 
 A. B. is about to depart from this part of the country; and therefore they 
 pray of me the said justice that I would issue my warrant of apprehen- 
 sion of the said A. B. in order that he may be surrendered to prison in 
 discharge of them his said bail. 
 
 Before me J. P. C. D. 
 
 E.F. 
 
 56. Warrant to apprehend the Person charged. (Not in 
 Jervis's Act.) (a) 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of , and to C. D. and E. F. severally and re- 
 spectively. 
 
 ) Whereas you the said C. D. and E. F. have this day made 
 
 to wit. i complaint to me the undersigned, one of her Majesty's jus- 
 tices of the peace in and for the said [county] of , that you the said 
 
 C. D. and E. F. were &c. [as in the complaint, No. 55, supra, to the end] : 
 These are therefore to authorize you the said C. D. and E. F., and also 
 to command you the said constable, in her Majesty's name, forthwith to 
 apprehend the said A. B. and to bring him before me, or some other jus- 
 tice or justices of the peace in and for the said [county], to the intent that 
 he may be committed to the [common gaol] in and for the said [county], 
 until the next court of oyer and terminer and general gaol delivery [or 
 court of general quarter sessions of the peace to be holden in and for the 
 
 said [county] of , unless he find new and sufficient sureties to become 
 
 bound for him in such recognizance as aforesaid. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 J. S. (L. s.) 
 
 57. Commitment of the Person charged, on Surrender of his 
 Sail after Apprehension under a Warrant. (Not in Jer- 
 vis's Act.) 
 
 To the constable of , and to the keeper of the [house of cor- 
 rection] at , in the said [county] of . 
 
 l Whereas on the day of instant complaint was made to 
 
 to wit. S me the undersigned [or J. S.], one of her Majesty's justices of the 
 
 peace in and for the said [county] of , by C. D. and E. F. of &c., that 
 
 [as in the complaint, No. 55, supra, to the end], I [or the said justice] 
 thereupon issued my warrant authorizing the said C. D. and E. F., and 
 
 also commanding the said constables of , and all other peace officers 
 
 in the said [county] of , in her Majesty's name, forthwith to appre- 
 hend the said A. B. and to bring him [follow to end of warrant, No. 56, 
 supra] ; And whereas the said A. B. hath been apprehended under and by 
 
 (a) The bail may apprehend their principal without warrant (1 Hale's Sum. 
 96 ; 12 J. P. 842 ; 13 J. P. 366.) and therefore this warrant is not indispen- 
 sably requisite ; but it may prevent any breach of the peace.
 
 280 
 
 Indictable Offences. 
 
 [PART n. 
 
 virtue of the said warrant, and being now brought before me the said 
 justice [or me, the undersigned, one, &c.], and surrendered by the said 
 C. D. and E. F., his said sureties, in discharge of their said recognizances, 
 I have required the said A. B. to find new and sufficient sureties to be- 
 come bound for him in such recognizance as aforesaid, but the said A. B. 
 hath now refused so to do : These are therefore to command you the said 
 constable, in her Majesty's name, forthwith to take and safely convey the 
 
 said A. B. to the said [home of correction] at , in the said [county], 
 
 and there to deliver him to the keeper thereof, together with this precept ; 
 and I hereby command you the said keeper to receive the said A. B. into 
 your custody in the said [house of correction"], and him there safely to 
 keep until the next court of oyer and terminer and general gaol delivery 
 [or court of general quarter sessions of the peace] to be holden in and for 
 
 the said [county] of , unless in the meantime the said A. B. shall 
 
 find new and sufficient sureties to become bound for him in such recog- 
 nizance as aforesaid. 
 
 Given, &c. [as Form No. 56, ante.] 
 
 58. The like, where apprehended by the Bail without Warrant. 
 
 (Not in Jervis's Act.) 
 
 To the constable of , and to the keeper of the [house of correc- 
 tion] at , in the said [county'] of . 
 
 J Whereas A.B. of &c. hath been this day brought before me, 
 
 to wit. > the undersigned, one of her Majesty's justices of the peace in and 
 
 for the said [county] of , and surrendered in discharge of his bail by 
 
 C. D. and E. F., who it duly appears to me on the day of last 
 
 past severally and respectively became duly bound by recognizance before 
 J. P. Esquire, one of her Majesty's justices of the peace for the said 
 
 [county'] of , in the sum of each, conditioned for the personal 
 
 appearance of the said A. B. at the next court of oyer and terminer and 
 general gaol delivery [or court of general quarter sessions of the peace] 
 
 to be holden in and for the said [county] of , and there surrender 
 
 himself into the custody of the keeper of the [house of correction] there, 
 and plead to such indictment as might be found against him by the grand 
 jury for or in respect of the charge of [stating the. charge shortly], and 
 take his trial upon the same, and not depart the said court without leave, 
 they the said C. D. and E. F., as such bail, praying that the said A. B. 
 may be committed in discharge of their said recognizance ; And whereas 
 the said A. B., being by me required to find new and sufficient sureties 
 to become bound for him in such recognizance as aforesaid, hath now 
 refused so to do : These, &c. [to end of Form No. 57, ante.] 
 
 Oke's Synop. 
 2nd ed. 
 
 p. 335338. 
 Vide s. 26 ; 
 Arch. p. 80 ; 
 Saund. p. 49. 
 
 SECT. 8. OF COSTS ATTENDING PROSECUTION, &c. 
 
 59. Gaoler's Receipt to the Constable for the Prisoner, and 
 Justice's Order thereon for Payment of the Constable's 
 Expenses in executing the Commitment (T 2). 
 
 I hereby certify, that I have received from W. T., constable of , 
 
 the body of A. B., together with a warrant under the hand and seal of 
 J. S., Esquire, one of her Majesty's justices of the peace for the [county] 
 
 / > and that the said A. B. was [sober, or as the case may be,] at the 
 
 time he was so delivered into my custody. 
 
 P. K. 
 
 Keeper of the house of correction 
 [or common gaol] at '.
 
 CHAP, i.] General Forms or Outlines. 281 
 
 Constables Expenses. Oke's Synop. 
 
 s. d. 2nd ed. 
 
 For conveying the above A. B. from to [by p. 335338. 
 
 railway] at per mile 
 
 For conveying him to and from the railway station . . 
 
 For subsistence of prisoner whilst in custody after com- 
 mitment days, at per day 
 
 For his lodging nights at per night . . . 
 
 Constable days at per day, [owe] assistant [if 
 
 necessary'] days at per day 
 
 Total 
 
 To R. W., Esquire, treasurer of the said [county] of . 
 
 Whereas W. T., constable of , in the county of , hath pro- 
 duced unto me, J. P., one of her Majesty's justices of the peace in and 
 
 for the said county of (wherein the offence hereinafter mentioned 
 
 is alleged to have been committed), the above receipt of P. K., keeper of 
 the [house of correction] at : and whereas, in pursuance of the sta- 
 tute in such case made and provided, I have ascertained that the sum 
 which ought to be paid to the said W. T. for conveying the said A. B. 
 
 from , in the said county of , to the said [house of correction] 
 
 is , and that the reasonable expenses of the said W. T. in re- 
 turning will amount to the further sum of , making together the 
 
 sum of : These are to order you, as such treasurer of the said county 
 
 of , to pay unto the said W. T. the said sum of according to the 
 
 form of the statute in such case made and provided, for which payment 
 this order shall be your sufficient voucher and authority. 
 .Given under my hand this day of , 18 . J. P. 
 
 Received the day of , 18 , of the treasurer of the [county] 
 
 of the sum of , being the amount of the above order. 
 
 
 
 60. Gaoler's Certificate of the Amount of Money found on 
 Accused on receiving him in Gaol. (Not in Jervis's Act.) (a) 
 
 I also certify that the within-named A. B. had at the time of his deli- 
 very into my said custody the sum of , and that the same is now 
 
 held by me. 
 
 P. K. keeper, &c. 
 
 61. Order on Gaoler to pay Constable the Expenses of con- vide s. 26 ; 
 veying Accused to Gaol out of Money found on Accused. Arch. p. 80; 
 (Not in Jervis's Act.) S 1 " 1 - P- 49 - 
 
 To the keeper of the [common goof] at , in the said [county] of 
 
 > Whereas I the undersigned [or J. L. Esquire], one of her Ma- 
 
 to wit. fjesty's justices of the peace in and for the said county of , 
 
 did by [my] warrant of commitment dated the day of instant, 
 
 reciting that A. B. of &c. was that day charged [before me] on the oath 
 of C. D. of &c. and others, for that he the said A. B. did on the 
 
 (a) This certificate should be indorsed on his receipt for the prisoner (No. 
 59), and on being produced to any justice, he can grant the order No. 61 on 
 the gaoler to pay the constable his expenses of conveying the accused to gaol.
 
 Indictable Offences. [PART n. 
 
 day O f } at the parish of , [stating shortly the offence'], commit 
 
 the said A. B. to your custody until he should be thence delived by due 
 
 course of law: And whereas W. T., constable of the said parish of , 
 
 hath produced unto me your receipt for the body of the said A. B. in the 
 form required by law, and by your certificate thereupon indorsed it ap- 
 pears to me that the said A. B. had at the time of his delivery into your 
 
 said custody certain money, to wit, the sum of , and that the same is 
 
 now held by you ; and, in pursuance of the statute in such case made 
 and provided, I have ascertained that the sum which ought to be paid 
 
 to the said W. T. for conveying the said A. B. from to the said 
 
 [common gaol] is : These are therefore to order you the said keeper 
 
 to pay unto the said W. T. the said last mentioned sum of for such 
 
 his expenses aforesaid out of the sum so in your hands as aforesaid, ac- 
 cording to the form of the statute in such case made and provided, for 
 which payment this order shall be your sufficient voucher and authority. 
 
 Given under my hand, this day of , one thousand eight hun- 
 dred and fifty. 
 
 J. P. 
 
 [Receipt indorsed as in Form No. 59.] 
 
 62. Examining Magistrate's Certificate of Expenses incurred 
 by the Prosecutor in Felonies previous to Committal of Ac- 
 cused, under! Geo. 4, c. 64, s. 22. (Not in Jervis's Act.) (b) 
 
 The Queen v. A. B., for [felony], 
 
 ) These are to certify, that C. D., of &c., with his [two] wit- 
 to wit. J nesses, namely E. F. and F. G., attended on the day of 
 
 instant before the undersigned, one of her Majesty's justices of the peace 
 for the said [county] of , the examining magistrate, to give evi- 
 dence against A. B., accused of felony, to wit, [simple larceny, or as the 
 case may be :] And that I have ascertained that the sum of two pounds 
 and sixpence is a reasonable and sufficient sum to reimburse the said 
 C. D. for the expenses bond fide incurred by reason of attending before 
 me as aforesaid ; and that the sum of twelve shillings is a proper com- 
 pensation to the said C. D. and his said witnesses for their trouble and 
 loss of time therein, making together the sum of two pounds twelve 
 shillings and sixpence, according to the specification and particulars here- 
 under mentioned. 
 
 Given under my hand, this day of , 1850. 
 
 J. S. 
 Particulars above referred to. 
 
 s. d. 
 
 Constable, as per bill annexed 126 
 
 Justices' Clerks' Fees 0180 
 
 s. d. 2 16 
 Prosecutor's attendance, 1 day, at 5s. per 
 
 day 050 
 
 Two Witnesses' attendance, 1 day each, 
 
 at 3s. 6d. per day 070 
 
 12 
 
 2 12 6 
 
 (6) There are various misdemeanors in which the whole costs of prosecution 
 are allowed as in felonies, rendering this certificate necessary ; vide Oke's 
 Synopsis, 2nd ed., pp. 341365, 6th column.
 
 CHAP. I.] 
 
 General Forms or Outlines. 
 
 283 
 
 ^ fc-5 rf 
 &1 ?8 <J 
 
 e for 
 
 s 
 
 SS r- 
 
 i ^ 
 
 1 ^ 
 
 9 
 
 ' -2 
 
 ^ O 00 
 
 S^ S<' 
 
 *^ i; 
 
 ,. 
 
 1 S ( 
 
 -^ /-* 
 
 64. 
 
 ^2 
 
 The Prosecutor and each 
 Witness to sign his Name on 
 receiving Amount of Allowance 
 
 g.r i g i 
 
 T iB P 
 f-\ 
 
 ^ * 1 
 
 .3 
 
 ill I 1 II 
 IH J **&& 
 
 ^ * :?-i 
 ^ii iJffi 
 
 1?5 III gi 
 
 ^- 13 <5 H 
 
 3 
 
 'o 
 H 
 
 ^3 
 as 
 
 1 
 
 
 unty Allowance. 
 
 In the 
 committing 
 Magistrate's 
 Certificate. 
 
 a 
 
 
 
 
 
 
 
 
 O i 
 
 2 11 
 
 CS 
 
 g &< 
 4 3& 
 
 V 
 
 
 Amount of County Order 
 
 s 
 
 
 5 . 
 
 . : 
 
 Number of Days 
 allowed for 
 absence from 
 Home at Ses- 
 sions. 
 
 I 
 
 
 i 
 
 
 
 : 
 
 ^ ... 
 
 n 
 
 
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 s 
 
 
 1 
 
 . . . 
 
 
 . . . 
 
 . ^ 
 
 
 
 t 
 
 1 
 1 
 
 CT S 
 
 * w 
 
 i i : | : 
 
 uner .. .. 
 Counsel and Clerk 
 Order for Expenses 
 Carriage of heavy Articles to Sessions [or Assizes] 
 
 Names of Prosecutors and 
 Witnesses. 
 
 :<Ja .1 ! 1 . 
 11^ '2 ' 
 igSS ^'-go 
 III ltij| 
 *a : i o s * : 
 3<5l i, <S 
 
 lit HUH 
 
 5*Ci :|fica,-s 
 
 gajoij <j'c!rtM 
 
 Ilt'i 11^ 5|! 
 U( 1I1" Ifilftf* 
 
 ^IWoSoo ilflflj 
 
 6 
 
 Aoo3C 
 
 To 
 
 .So
 
 284 
 
 Indictable Offences. 
 
 [PART n. 
 
 64. Instructions for Indictment. 
 
 Sessions [or assizes], to be ~\ Reg. on the Prosecution of C. D. 
 
 held at , the day of S v. 
 
 , 185. 3 A. B., for [ felony}. 
 
 No. 
 
 Names of Prosecutors 
 and Witnesses to be 
 placed in the Bill of 
 Indictment. 
 
 Name and Description 
 of the Prisoner. 
 
 Charge. 
 
 1 
 
 2 
 3 
 
 
 A. B., late of the 
 parish of , 
 in the county of 
 - , labourer. 
 
 With having, on the 
 day of 185 , at the parish 
 of , in this county, 
 stolen [state the particulars 
 of the charge, and the de- 
 scription and value of the 
 stolen article], of the goods 
 and chattels of the said C. 
 D. [add instructions for 
 any additional counts in 
 indictment.] 
 
 Name and residence of the party ) 
 giving the above instructions. J
 
 CHAP, ii.] ( 285 ) 
 
 CHAPTER II 
 
 STATEMENTS OF INDICTABLE OFFENCES, FOR USE IN 
 THE GENERAL FORMS IN CHAPTER I. 
 
 ** The name of the offender, as well as the date and place of committing the 
 offence, have been omitted throughout these Forms for the sake of brevity and keep- 
 ing the compilation within a proper limit, the necessary addition (i. e. " A. B. of 
 
 &c., on the day of , at the parish of , in the said county of , 
 
 did" &c. or " for that he the said A. B., on &c., at &c., did &c.,") must be read 
 as if inserted at the commencement of each statement, for it generally appears in the 
 General Forms in Chap. 1 ; the words " contrary, &c." at the conclusion of 
 each, signify " contrary to the form of the statute in such case made and pro- 
 vided." 
 
 ABDUCTION. 
 
 1. Of a Woman on account afJier Fortune. (9 Geo. 4, c. 31, s. 19.)] Oke's Synop. 
 did feloniously, from motives of lucre, take away and detain one E. F. 2nd ed. p. 340. 
 against her will, she the said E. F. being then a woman having an interest Offence 1. 
 in certain real or personal property, 
 
 [or the heiress presumptive to a person having an interest in certain 
 
 real property], 
 [or the next of kin to a person having an interest in certain personal 
 
 property], 
 with intent her the said E. F to marry [or defile], 
 
 [or to cause to be married, or defiled, by one F. G., or some other 
 
 person unknown], 
 contrary, &c. 
 
 2 Of a Girl under Sixteen Years of Age. (Id. s. 20.)] did unlawfully Id. Offence 2. 
 take one E. F. out of the possession and against the will of one [or the 
 said] C. D., her father [or mother, or who then had the lawful care or 
 charge of her], she the said E. F. then and there being an unmarried girl 
 under the age of sixteen years, to wit, of the age of fourteen years, 
 contrary, &c. 
 
 ABORTION. 
 
 3. Administering anything to a Woman to procure. (7 Will. 4 & 1 Id. Offence 3. 
 Viet. c. 85, s. 6.)J did unlawfully and feloniously administer to [or 
 
 cause to be taken by] one E. F., one ounce weight of a certain poison 
 
 [or noxious thing], called , with intent in so doing then and there 
 
 and thereby to procure the miscarriage of the said E. F., contrary, &c. 
 
 4. Using Instrument with same intent. (Id.)] did unlawfully and Id. Offence 4. 
 feloniously use a certain instrument, called a [stating how, or if other 
 
 means have been used state them], with intent, &c., [as in No. 3, *upra.~]
 
 286 
 
 Indictable Offences. 
 
 [PART n. 
 
 ACCUSING OF CRIME. 
 
 Oke's Synop. 5. With a View of extorting Money, #c. (7 Will. 4 & 1 Viet. c. 87, 
 2nd ed. p.340. S- 4 ? an( j 10 & 11 Viet. c. 66, s. 2.)] did accuse [or threaten to accuse] 
 Offence 7. one ^ or tne gaidj C. D. of having committed a certain crime, now punish- 
 able by law with death [or transportation], to wit, , 
 
 [or assaulted one Li. M., with intent to commit a rape upon her ; or 
 attempted or endeavoured to commit a rape upon Ann, the wife 
 of the said A. B.J, 
 [or a certain infamous crime, to wit, the abominable crime of bug- 
 
 with a view and intent thereby to extort and gain money [as the case may 
 be~\ from the said C. D. [or one E. F.], contrary, &c. 
 
 %* If the threat was by letter, vide tit. " Letter, Threatening," post ; 
 if money extorted, see tit. Sodomy, post, Form No. 328. 
 
 AFFRAY. 
 
 Id. Offence 8. 6. Two or more fighting, to the Terror of the People. (1 Hawk. c. 63> 
 s. 2.)] did unlawfully make an affray in a certain public street and high- 
 way there, called , to the great terror and disturbance of her Majesty's 
 
 subjects then and there being. 
 
 7. The like.~\ did in a tumultuous manner, and with force and arms, 
 make an affray, to the terror and disturbance of her Majesty's subjects 
 then and there being (wherein the said C. D. was assaulted, beaten and 
 abused by the said A. B., D. E, and E. F., without any just or reasonable 
 cause). 
 
 AGENTS. 
 
 Id. Offence 9. 8. Embezzling Stock, Interest, $c. (7 & 8 Geo. 4, c. 29, s. 49.)] 
 did intrust to the said A. B., then being a banker and agent [or as the case 
 may be], the sum of fifty pounds, [or a certain security for the payment 
 
 of money, to wit, ], with directions to the said A. B. in writing to 
 
 apply the said sum of money [or &c.] for a certain purpose then and 
 there specified in the said directions, that is to say [state the substance of 
 
 the directions'], and that the said A. B. afterwards, on the day of 
 
 , at the parish of , in violation of good faith, and contrary to 
 
 the purpose so in the said directions specified as aforesaid, did unlawfully 
 convert to his own use and benefit the said sum of money [or as the case 
 may be~\ so to him entrusted as aforesaid, contrary, &c. 
 
 9. The. like, in another form.'] did intrust to [the said] A. B. for safe 
 
 custody [or for the purpose of ], being then a banker and agent [or 
 
 as the case may be], a certain promissory note, drawn by one E. F., for the 
 payment of twenty pounds, without any authority to sell, negotiate, 
 transfer or pledge the same; and that the said A. B. afterwards, on the 
 
 - day of , at the parish of aforesaid, in violation of good 
 
 faith, and contrary to the object and purpose for which the said promissory 
 note was so intrusted to him as aforesaid, did unlawfully negotiate, transfer 
 and convert to his own use and benefit [or as the case may be], the said 
 promissory note, contrary, &c.
 
 CHAP, ii.] AGENTS -ARMS ARSON. 
 
 287 
 
 10. Embezzling Goods, $c. (5 & 6 Viet. c. 39, s. 5.)] did entrust to Oke's Synop. 
 A. B , being then an agent of him the said C. D., ten bales of cotton, of 2nd ed. p. 340. 
 the value of twenty pounds [or as the case may be] ; and that the said Offence 10. 
 A. B. afterwards, on the day of , at the parish of afore- 
 said, contrary to and without the authority of the said C. D., for his own 
 
 benefit and in violation of good faith, did unlawfully * make a deposit [or 
 assignment, transfer or delivery] of the said ten bales of cotton with one 
 E. F. as and by way of a pledge, lien, and security for a certain sum of 
 
 money, to wit, the sum of , then advanced by him the said E. F. to 
 
 the said A. B., contrary, &c. 
 
 [or, from the asterisk *, accept of an advance, to wit, the sum of , 
 
 of one E. F., on the faith of a certain contract then and there 
 
 made by the said A. B., to deposit, &c.] 
 
 11. Assisting therein.'] Proceed as in Form No. 10, supra, to the end, 
 then : and that one F. G. (then being the clerk of the said C. D.), did, on 
 the day and year last aforesaid, knowingly and wilfully act and assist in 
 making such deposit, contrary, &c. 
 
 ARMS. 
 
 12. Training to the Use of. (60 Geo. 3 & 1 Geo. 4, c. 1, s. 1.)] Id. Offence 11. 
 was then and there unlawfully present at and did attend a certain meet- 
 ing and assembly of persons unlawfully holden, without any lawful autho- 
 rity in that behalf, for the purpose of being trained and drilled to the use 
 
 of arms and to the practice of military exercise and evolutions, he the 
 said A. D. then and there* being present and attending the said meeting 
 and assembly for the purpose of training and drilling other persons then 
 and there present to the use of arms and to the practice of military exer- 
 cise and evolutions, contrary, &c. 
 
 13. Aiding or assisting therein. (Id.)] Proceed as in No. 12 to the 
 end, and then : and that [the said] E. F., of &c., did then and there aid 
 and assist in the said training or drilling, contrary, &c. 
 
 14. Present for the purpose of being trained. (Id.)] Proceed to the 
 asterisk* in Form No. 12, then: being present and attending the said 
 meeting and assembly for the purpose of then and there being trained and 
 drilled to the use of arms and to the practice of military exercise and 
 evolutions, contrary, &c. 
 
 15. Being trained. (Id.)] Proceed to the asterisk* in Form No. 12, 
 supra, then : being trained [or drilled] to the use of arms and to the 
 practice of military exercise and evolutions, contrary, &c. 
 
 ARSON. 
 
 16. Dicelling-house, Person being therein. (7 Will. 4 & 1 Viet. c. 89, Id. Offence 12. 
 s. 2.)] did unlawfully, maliciously and feloniously set fire to a certain 
 dwelling-house of [the said] C. D. there situate, one E. D., (the daughter 
 of the said C. D.,) being at the time of the committing of the said felony 
 in the said dwelling-house, contrary, &c.
 
 288 Indictable Offences. [PART n. 
 
 Oke'sSynop. 17. Church or Chapel. (Id. s. 3.)] did unlawfully, maliciously and 
 2nd ed. p. 340. feloniously set fire to a certain church [or chapel], 
 
 Offence 13. [or to a certain chapel for the religious worship of persons dissenting 
 
 from the United Church of England and Ireland, to wit, called 
 
 the chapel, and duly registered and recorded,] 
 
 there situate, contrary, &c. 
 
 Id. Offence 13. 18. House, Stable, fyc. (Id. s. 3.)] did unlawfully, maliciously and 
 feloniously set fire to a certain dwelling-house [or stable, coach-house, 
 outhouse, warehouse, shop, office, mill, malthouse, hopoast, barn, or gra- 
 nary, or to a certain building, or erection, to wit, a , used in carrying 
 
 on the trade, or manufacture of ] of [the said] C. D. there situate, in 
 
 the occupation of the said A. B. [or C. D., or E. F.], with intent thereby 
 then and there to injure the said C. D. [or E. F.], 
 
 [or to defraud a certain insurance company called " The Suffolk 
 
 Amicable Fire Insurance Society"], 
 whereby [stating what] was then and there consumed, contrary, &c. 
 
 Id. Offence 14. 19. Ship, fyc., or casting same away with intent to Murder, 4~c. (Id. 
 s. 4.)] did unlawfully, maliciously and feloniously set fire to [or cast 
 
 away, or destroy by certain means, to wit, ,] a certain ship called the 
 
 Algiers, the property of one C. D. and others then and there, with intent 
 thereby, one E. F., then being in the said ship, then and there feloniously, 
 wilfully, and of his malice aforethought, to kill and murder [or whereby 
 the life of one E. F., then being in the said ship, was then and there 
 greatly endangered], contrary, &c. 
 
 ** If the offence be committed on the high seas, say at the com- 
 mencement of the form, " on the day of , on a 
 
 certain voyage on the high seas, out of the body of any county 
 of this realm, and within the jurisdiction of the admiralty of 
 England, did," &c. 
 
 Id. Offence 1 5. 20. Ship, fyc. incomplete or not. (Id. s. 6.)] did unlawfully, mali- 
 ciously and feloniously set fire to [or destroy by certain means, to wit, 
 
 ,] a certain ship called the Algiers, the property of C. D. and others 
 
 [if so, on the high seas, out of the body of any county of this realm, and 
 within the jurisdiction of the admiralty of England] then and there being, 
 contrary, &c. 
 
 Id. Offence 15. 21. The like, withintent toprejudice Owner or Goods. (Id. s.6.)] did 
 unlawfully, maliciously and feloniously set fire to [or cast away, or 
 
 destroy by certain means, to wit, ,J a certain ship called the Algiers, 
 
 the property of one C. D., [on the high seas, out of the body of any 
 county of this realm, and within the jurisdiction of the admiralty of Eng- 
 land, ifso~] then and there being, with intent thereby then and there to 
 prejudice the said C. D., the owner [or part owner] thereof, 
 
 [or one E. F., the owner of certain goods, to wit, , then and 
 
 there laden and being on board the said ship], 
 
 [or one E. F., who had before then underwritten a certain policy of 
 insurance upon the said ship, or on the freight of the said ship, 
 
 or on certain goods, to wit, , then being on board the said 
 
 ship, which said policy was then in full force and operation], 
 contrary, &c. 
 
 Id. Offence 16. 22. Coal Mines. (Id. s. 9.)] did unlawfully, maliciously and felo-
 
 CHAP, ii.] ARSON. 289 
 
 niously set fire to a certain mine of coal [or cannel coal] of C. D. and Oke's Synop. 
 others, there situate, contrary, &c. 2nd edit. p. 340. 
 
 23. Stacks of Corn, 6>-c. (Id. s. 10.)] did unlawfully, maliciously Id. Offence 17. 
 and feloniously set fire to a certain stack of corn, to wit, wheat [or stack 
 
 of grain, pulse, tares, straw, haulm, stubble, furze, heath, fern, hay, turf, 
 peat, coals, charcoal, or wood, or steer of wood], the property of [the said] 
 C. D. then and there being, whereby the said stack [and divers farm build- 
 ings and produce were destroyed,] contrary, &c. 
 
 24. Crops of Corn, standing or cut down. (7 & 8 Geo. 4, c. 30, s. 17.)] Id. Offence 18. 
 did unlawfully, maliciously and feloniously set fire to a certain crop of 
 
 corn, to wit, wheat [or crop of grain, or pulse], the property of [the said] 
 C. D. then and there standing [or cut down], contrary, &c. 
 
 25. A Wood, Heath, 3fC., wheresoever growing. (Id.)] did unlawfully, Id. Offence 18. 
 maliciously and feloniously set fire to a certain part of a certain wood [or 
 
 coppice, or plantation of trees], called , there situate, 
 
 [or to certain heath, gorze, furze, or fern, then and there growing], 
 the property of [the said] C. D., contrary, &c. 
 
 26. To her Majesty's Vessels of War, or to the Works or Vessels lying Id. Offences 19, 
 in Dock. (12 Geo. 3, c. 24, s. 1, and 59 Geo. 3, c. 69, s. 1.)] These 20. 
 
 may be readily framed from the Form No. 20, ante, when required. 
 
 27. To Farm Buildings. (7 & 8 Viet. c. 62, s. 1.)] did unlawfully, Id. Offence 21. 
 maliciously and feloniously set fire to a crtain hovel [or shed, or fold], 
 
 [or to a certain farm building, to wit, a barn, or to a certain build- 
 ing, or erection, used in farming land, to wit, ], 
 
 of [the said] C. D. there situate, and then in the possession of the said 
 A.B. [or C. D., or E. F.], with intent thereby then and there to injure 
 the said C. D., 
 
 [or to defraud a certain insurance company called the Norwich 
 
 Union Society], 
 contrary, &c. 
 
 28. Hay, $c. or Implements in Farm Buildings. (Id. s. 2.)] did Id. p. 342. 
 unlawfully, maliciously and feloniously set fire to certain hay [or straw, Offence 22. 
 wood, or vegetable produce, to wit, ], 
 
 [or a certain implement of husbandry, to wit, a ], 
 
 then and there being in a certain farmhouse [or farm building, to wit, 
 a barn] there situate, the property of [the said] C. D., and in the occu- 
 pation of one E. F., with intent thereby then and there to set fire to 
 the said farmhouse [or farm building], and then and there to injure [fyc. 
 as in Form No. 27, supra.] 
 
 29. Information for a Search Warrant for explosive Substances intendtd Id. Offence 23. 
 to be used in attempting to set Fire to any Building, Stack, Vessel, fyc. 
 
 (9 & 10 Viet. c. 25, a. 12.)] Proceed as in Form No. 1, ante, p. 258, 
 to the asterisk *, then : that this informant hath probable cause to suspect 
 and doth suspect that one A. B., of &c. hath in a certain house [shop, 
 
 cellar, yard, or place, or vessel,] situate at , certain gunpowder [or 
 
 explosive, dangerous, or noxious substance, to wit, ,] there made [or 
 
 kept] for the purpose of being used in committing some offence against 
 the act made and passed in the tenth year of the reign of Queen Victoria, 
 
 U
 
 290 
 
 Indictable Offences. 
 
 [PART n. 
 
 Oke's Synop. intituled " An Act for preventing Malicious Injuries to Persons and 
 2nd ed. p. 342. p r0 perty by Fire or by explosive or destructive Substances." 
 
 30. Search Warrant thereon. 
 
 To the constable of the parish of , in the [county] of . 
 
 i Whereas information on oath hath this day been laid before 
 
 to wit. $ me the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said [county] of , by C. D., of &c., that he hath 
 
 probable cause to suspect [recite the information, No. 29, supra, then :] 
 These are therefore to command you, in her Majesty's name, forthwith, 
 with necessary and proper assistants, to enter in the day time into the said 
 house [shop, or as the case may be,] of the said A. B., where the said 
 
 is so suspected to be made [or kept] for such purpose as aforesaid, 
 
 and there diligently to search for the said , and if the same, or any 
 
 part thereof, shall be found upon such search, which you shall have good 
 cause to suspect to be intended to be used in committing any offence 
 
 against the said act, that you seize the said so found, and remove 
 
 the same to some proper place and detain the same, and for the doing of 
 which you are to have the same powers which are given to persons search- 
 ing for unlawful quantities of gunpowder under the warrant of a justice, 
 by an act passed in the twelfth year of the reign of King George the 
 Third, intituled " An Act to regulate the Making, Keeping, and Carriage 
 of Gunpowder within Great Britain, and to repeal the Laws heretofore 
 made for any of those purposes." () 
 
 Given under my hand and seal, this day of , at , in the 
 
 [county] of aforesaid. 
 
 J. S. (L. s.) 
 
 Id. Offence 23. 31. Attempting to set Fire to any Building, Vessel, Stack, Sfc. (9 & 
 10 Viet. c. 25, s. 7.)] did unlawfully, maliciously and feloniously at- 
 tempt to set fire to a certain building, to wit, a farm building, called , 
 
 [or vessel, or mine, to wit, a coal mine,] 
 
 [or to a certain stack of wheat, or steer of wood, or to certain 
 
 vegetable produce, to wit, ,1 
 
 the property of [the said] C. D., and in the occupation of the said A. B. 
 [or C. D., or E. F.] then and there situate*, by then and there throwing 
 a certain ball composed of tinder, rag, and explosive substances [or s the 
 case may be] then and there lighted and on fire, into and upon the said 
 building [or upon certain straw near to, or composing the roof of the said 
 building, or as the case may be] with intent thereby then and there to in- 
 jure the said C. D. 
 
 [or to defraud a certain insurance company, called the Phcenix Fire 
 
 Insurance Company,] 
 contrary, &c. 
 
 31 a. Throwing explosive Substance near to any Building, with intent to 
 destroy. (Id. s. 6.)] did unlawfully, maliciously, and feloniously place 
 [or throw in, into, upon, against, or near] a certain building, to wit, a 
 , certain gunpowder [or explosive substance, to wit, ,] with in- 
 tent thereby then and there to destroy [or damage] the said , 
 
 [or certain machinery, working tools, fixtures, goods, or chattels, to 
 
 wit, , then being therein], 
 
 contrary, &c. 
 
 (a) Vide s. 23 of 12 Geo. 3, c. 61 ; 1 Arch. J. P. 4th ed. p. 600 ; and 3 
 Burn's Justice, 29th ed. p. 421.
 
 CHAP, ii.j ARSON ASSAULT. 291 
 
 Oke's Synop. 
 
 32. Having explosive Substances, or Making same, with intent, fyc. (Id. 2nd ed. p. 342. 
 s. 8.)] did unlawfully and knowingly have in his possession, Offence 24. 
 
 [or make, or manufacture], 
 certain gunpowder [or explosive substance, or dangerous, or noxious 
 
 thing, to wit, , or a certain machine, or engine, instrument, or thing, 
 
 called a ,] with intent by means thereof to [or to enable one E. F. 
 
 to] unlawfully, maliciously, and feloniously attempt to set fire to a certain 
 building [4c. to the asterisk * in Form No. 31, supra, then :] with intent 
 thereby then and there to injure &c. [as in No. 31 ] 
 
 Seefurther tit. " Malicious Injuries," post. 
 
 33. To a Place of Confinement. (1 Burn's Jus. 29th ed. p. 509.)] did 
 unlawfully, maliciously, and feloniously set fire to a certain building 
 called the [Lower Cells] (the same then and there being the prison of the 
 said borough of T.), by which firing the same building was then and 
 there burnt, consumed, and destroyed, contrary, &c. 
 
 ASSAULT. 
 
 34. Stabbing, Sfc. with intent to maim, resist Apprehension, disable, U. p. 342. 
 tfC. (7 Will. 4 & 1 Viet. c. 85, s. 4.)] did unlawfully, maliciously, Offence 25. 
 and feloniously, with a certain gun, then and there loaded with gun- 
 powder and divers leaden shot, shoot at and against one C. D. 
 
 [or stab, cut, and wound one C. D. in and upon the right side of the 
 belly and other parts of the belly], 
 
 [or did by drawing the trigger of a certain loaded arms, to wit, , 
 
 or by , attempt to discharge the said at and against 
 
 one C. D.] 
 
 with intent then and there thereby to maim [or disfigure, or disable] the 
 said C. D. 
 
 [or to do some grievous bodily harm to the said C. D.] 
 
 [or to resist and prevent the lawful apprehension, or detainer, of him 
 
 the said A. B., or of one E. F.], 
 contrary, &c. 
 
 35. Sending explosive Substances, or throwing corrosive Fluid, with in- Id. Offence 26. 
 tent to burn, $c. (Id. s. 5.)] did unlawfully, maliciously, and feloni- 
 ously send to [or deliver to, or cause to be taken or received by] one 
 
 C. D., a certain explosive substance [or dangerous, or noxious thing,] to 
 wit, two drachms of fulminating silver, and two pounds weight of gun- 
 powder, with intent then and there and thereby to burn [or maim, dis- 
 figure, or disable, or to do some grievous bodily harm to] the said C. D., 
 and whereby the said C. D. was then and there grievously burnt [or as the 
 case may 6e] ; 
 
 36. [or did unlawfully, maliciously, and feloniously cast upon [or 
 
 throw upon, or apply to one C. D., by then and there ] one 
 
 C. D. half a pint of a certain corrosive fluid and destructive 
 matter, called oil of vitrol, with intent, &c. [as in No. 35.] ] 
 contrary, &c. 
 
 37. Impeding Persons endeavouring to escape from Wreck. (Id. s. Id. Offence 27. 
 7.)] did unlawfully and feloniously and by force prevent [or impede] 
 one C. D., who was then and there endeavouring to save his life from a 
 
 u 2
 
 292 Indictable Offences. [PART n. 
 
 Oke's Synop. certain ship then and there stranded [or cast on shore, or in distress, or 
 2nd ed. p. 342. wrecked], contrary. &c. 
 
 Id. Offence 28. 38. On Deerkeepers by Trespassers. (7 & 8 Geo. 4, c. 29, s. 29.)] 
 This form will be found in tit. " Juvenile Offenders," No. 4, ante, p. 
 134. 
 
 Id. Offence 29. 39. With intent to rob. (7 Will. 4 & 1 Viet. c. 87, s. 6.)] did 
 unlawfully and feloniously assault one [or the said] C. D. with intent then 
 and there feloniously and violently to steal, take, and carry away the 
 monies, goods, and chattels of the said C. D., contrary, &c. 
 
 Id. Offence 30. 40. Common Assault and Battery. (Arch. Pr. Cr. Office, 448.)] did 
 unlawfully assault, beat, wound, and ill-treat one [or the said] C. D. 
 
 Id. Offence 31. 41. On Magistrate in case of Wreck. (9 Geo. 4, c. 31, s. 24.)] 
 did unlawfully assault one C. D., and him the said C. D. did then and 
 there strike and beat [or wound], on account of the exercise of his the 
 said C. D.'s duty in and concerning the preservation of a certain vessel 
 then and there in distress [or as the case may be], he the said C. D. being 
 then and there a magistrate, and lawfully authorized in that behalf, con- 
 trary, &c. 
 
 Id. Offence 32. 42. With intent to commit Felony. (Id. a. 25.)] was then and there 
 guilty of a certain misdemeanor, to wit, that he the said A. B., on the 
 day and year, and at the parish aforesaid, did make an assault upon one 
 C. D., an infant, under the age of ten years, with intent then and there 
 unlawfully and feloniously carnally to know and abuse, contrary, &c. 
 
 43. With intent to commit a Rape. (Id.)] did unlawfully make an 
 assault upon one C. D. then and there being, with intent her the said 
 C. D. violently and against her will then and there feloniously to ravish 
 and carnally know, contrary, &c. 
 
 44. With intent to commit an unnatural Offence. (Id.)] did unlaw- 
 fully make an assault upon one C. D. then and there being, with intent 
 then and there with the said C. D. feloniously to commit and perpetrate 
 that detestable and abominable crime (not to be named among Christians), 
 called buggery, contrary, &c. 
 
 45. With intent to commit a Felony General. (Id.)] did unlaw- 
 fully assault one C. D. with intent [describe the felony as in a commitment 
 
 for it], contrary, &c. 
 
 Id. Offence 33. 46. On Peace or Revenue Officers. (Id. s. 25.)] did unlawfully 
 assault and beat one [or the said] C. D., he the said C. D. being then and 
 
 there a peace officer, to wit, a constable of the said parish of , 
 
 [or a revenue officer, to wit, an officer of her Majesty's inland reve- 
 nue of excise], 
 
 and in the due execution of his duty as such constable [or revenue officer] 
 then and there being, contrary, &c. 
 
 Id. Offence 34. 47. On Persons, to prevent lawful Apprehension by them. (Id.)] did 
 unlawfully assault and beat one [or the said] C. D., with intent thereby 
 then and there to resist and prevent the lawful apprehension [or detention] 
 of him the said A. B. [or of one E. F.] for [having feloniously stolen the 
 goods of one F. G., or as the case may be], contrary, &c.
 
 CHAP, ii.] ASSAULT ATTEMPTS TO MURDER. 293 
 
 48. In pursuance of Conspiracy to raise Wages. (Id.)] did unlaw- Oke's Synop. 
 fully assault one [or the said] C. D., in pursuance of a conspiracy between 2nd ed. p. 342. 
 him the said A. B. and others to raise the rate of their wages, contrary, Offence 35. 
 fee. 
 
 49. On Special or County Constables, Sfc. (1 & 2 Will. 4, c. 41, s. 11 ; Id. Offence 36. 
 2 & 3 Viet. c. 93, s. 8.)] These will be found in Chap. 2 of Part I. tit. 
 
 " Constables," No. 18, p. 98, and No. 7, p. 97. 
 
 49 a. Provoking a Dog to bite.~\ did unlawfully, and against the peace 
 of our lady the Queen, incite, provoke and encourage a certain dog, of 
 and belonging to him the said A. B , to bite him the said C.D., by means 
 whereof the same dog did then and there grievously bite, lacerate and 
 wound the said C. D. 
 
 ATTEMPTS TO MURDER, &c. 
 
 50. Administering Poison, SfC., stabbing or causing bodily Injury, with Id. Offence 37. 
 intent to murder. (7 Will. 4 & 1 Viet. c. 85, s. 2.)] did unlawfully and 
 feloniously administer to [or cause to be taken by] one C. D., one ounce 
 
 weight of a certain poison [or destructive thing] called , 
 
 [or stab, or cut, or wound one C. D. in and upon the right side of 
 
 the belly and other parts of the body], 
 [or cause unto one C. D. a certain bodily injury, dangerous to life, 
 
 to wit, , by then and there feloniously "j, 
 
 with intent then and there and thereby feloniously, unlawfully, and of his 
 malice aforethought, the said C. D. to kill and murder, contrary, &c. 
 
 51. Attempting to administer Poison, or shooting at, or attempting to Id. Offence 38. 
 drown, suffocate, SfC. with intent to murder. (Id. s. 3.)] did unlawfully 
 
 and feloniously attempt to administer to one C. D. a large quantity of a 
 
 certain deadly poison [or destructive thing], called , to wit, 
 
 drachms of the said , 
 
 [or shoot with a certain gun, loaded with powder and divers leaden 
 
 shot, at and against one C. D.], 
 
 [or did present, point and level at and against one C. D., certain 
 loaded arms, to wit, a pistol, then and there loaded with powder 
 and one leaden bullet, and then and thereby drawing the trigger 
 of the said pistol [or by , as the case may oe], did unlaw- 
 fully and feloniously attempt to discharge the same at and 
 against the said C. D.], 
 [or attempt to drown [or suffocate, or strangle] one C. D. by then 
 
 and there [stating how~\ ], 
 with intent, &c. [conclude as in No. 50, supra.] 
 
 52. By blowing up Buildings. (9 & 10 Viet. c. 25, s. 2.)] did un- Id. Offence 39 
 lawfully, maliciously and feloniously, by the explosion of four ounces of 
 gunpowder [or a certain explosive substance, called ] *, destroy [or 
 
 damage] a certain building, to wit, a , there situate, with intent then 
 
 and there and thereby feloniously and of his malice' aforethought [the 
 said] C. D. to murder, 
 
 [or there situate, whereby the life of one C. D. then and there being 
 
 was then and there endangered], 
 contrary, &c. 
 
 53. By explosive Substances. (Id. s. 3.)] Proceed to the asterisk* in Id. Offence 39.
 
 294 
 
 Indictable Offences. 
 
 [PART n. 
 
 Oke's Synop. Form No. 52, supra, then : burn, [or maim, disfigure, or disable, or do 
 2nd ed. p. 342. certain grievous bodily harm, to wit, - , to], one C. D. then and there 
 being, contrary, &c. 
 
 Id Offence 39 
 
 54 ' ^ sending, fyc. explosive Substances. (Id. s. 4.)] did unlawfully, 
 maliciously and feloniously cause certain gunpowder [or explosive sub- 
 stance, to wit, - ], to explode, 
 
 [or send or deliver to, or cause to be taken or receivad by one 
 C. D., two drachms weight of a certain explosive substance, or 
 a certain dangerous or noxious thing, called - ], 
 [or cast or throw at or upon, or apply to one C, D., by then and 
 there - , half a pint of a certain corrosive fluid, or destructive, 
 or explosive substance, called - ], 
 
 with intent then and there and thereby to burn [or maim, disfigure, or 
 disable, or to do some grievous bodily harm to] the said C. D., con- 
 trary, &c. 
 
 55. By attempting to blow up Buildings. (Id. s. 6.)] did unlawfully, 
 maliciously and feloniously place [or throw] in, [or into, upon, against, 
 or near] a certain building there situate, called a - , [or vessel called 
 the Algiers], two ounces of gunpowder, [or of a certain explosive substance 
 called - ], with intent then and there and thereby to do bodily injury 
 to one C. D. then and there being, contrary, &c. 
 
 ATTEMPTS TO COMMIT CRIMES. 
 
 Id. Offence 40. 56. To commit a Felony at Common Law. (1 Burn's Jus. 304.)] 
 did unlawfully attempt and endeavour to [stating the felony attempted], 
 by then and there [&fc. stating the act done.'] 
 
 Id. Offence 41. ^7. To commit a Misdemeanor, whether statutable or at Common Law. 
 (Rodrick's case, 7 Car. & P. 795.)] This may be similarly framed. 
 
 BANKRUPTS. 
 
 Id DD 342 344 OBSERVATION. The offences referred to in the margin were under 
 Offences 42 ' tne 5 & 6 Victl c - 122 ss - 32 > 34 > 35 > but that statute is repealed in 
 
 Offences 42 
 44. 
 
 this respect by " The Bankrupt Law Consolidation Act, 1849" (12 & 13 
 Viet. c. 106), and by sect. 256 of the latter the offences by bankrupts are 
 defined, including those in the former statute, and made punishable by 
 suspension or refusal of certificate of conformity, or refusal of protection. 
 
 BIGAMY. 
 
 Id. p. 344. 5% Bigamy. (9 Geo. 4, c. 31, s. 22.)] did unlawfully and felo- 
 
 Offence 46. niously marry and take to wife one E. F., F. G., his former wife, to 
 whom the said A. B. was previously married, being then alive, contrary, 
 &c. 
 
 %* Insert in the C ommitment, if the second marriage did not take 
 place in the county where the offender is committed: " the said 
 A. B. having been apprehended and taken for the said felony 
 in the parish of , in the said county of ."
 
 CHAP, ii.] BLASPHEMY-BRIBERYBURGLARY. 295 
 
 BLASPHEMY.- 
 
 59. Publishing Blasphemous Libels. (I Hawk. c. 3, ss. 1, 3.)] did 
 unlawfully and wilfully compose, print and publish, and cause and procure 
 to be composed, printed and published, a certain scandalous, impious, 
 blasphemous and profane libel of and concerning the Holy Scriptures and 
 the Christian religion, in which said libel there were and are contained, 
 amongst other things, the words following, that is to say, [set the passage 
 out.] 
 
 BRIBERY. 
 
 60. Constable, taking. (1 Hawk. c. 67, s. 2.)] being then a con- 
 stable of the said parish of , and then having in his custody and pos- 
 session a certain warrant of one J. S., Esquire, one of her Majesty's jus- 
 tices of the peace in and for the said county of , to apprehend one 
 
 E. F. to answer a certain charge, to wit, [state the charge as in the war- 
 rant], did then and there unlawfully and corruptly accept of the said E. F. 
 
 [or of one F. G.] the sum of pounds, if the said A. B. would refrain 
 
 from executing the said warrant for the space of days from that time. 
 
 61. Offering same. (Id.)] did then and there unlawfully and cor- 
 ruptly offer unto one A. B , then being a constable, &c. [as in No. 60, 
 omitting the words did then and there unlawfully and corruptly accept of 
 the said E. F. [or of one F. G.] ] 
 
 BURGLARY. 
 
 62. Entering a Dwelling-house with Intent to commit Felony. (7 & 8 Oke's Synop. 
 Geo. 4, c. 29, 8. 11.)] about the hour of eleven in the night did felo- 2nd ed. p. 344. 
 niously and burglariously break and enter the dwelling-house of one [or Offence 47. 
 the said] C. D. there situate, with intent the goods and chattels of the 
 
 said C. D. in the said dwelling-house then and there being, then and there 
 feloniously and burglariously to steal, take and carry away, and that the 
 said A. B., so being in the said dwelling-house with such intent as afore- 
 said,* on the day and year aforesaid, about the hour of in the night 
 
 of the same day, at aforesaid, did wilfully, feloniously and bur- 
 glariously break out of the said dwelling-house, contrary, &c. 
 
 63. Being therein and committing a Felony, $c. (Id.)] being in the Id. Offence 47. 
 dwelling-house of one [or the said] C. D. there situate, did feloniously 
 
 steal, take and carry away one silver watch of the value of of the 
 
 goods and chattels of the said C. D. [or of one E. F.J, then and there being 
 found, and that the said A. B., so being in the said dwelling-house, and 
 having committed the said felony [conclude from the asterisk* in Form 
 No. 62, supra.] 
 
 64. The like, and using Violence to Persons therein. (7 Will. 4 & 1 Id. Offence 48. 
 Viet. c. 86, s. 2.)] Proceed to the asterisk* in Form No. 62, supra, then : 
 
 did then and there feloniously assault the said C. D. [or one E. F.] 
 then being therein, with intent in so doing him the said C. D. [or E. F.] 
 then and there and thereby feloniously, wilfully, and of his malice afore- 
 thought to kill and murder, 
 
 [or did then and there feloniously stab, or cut, wound, or hurt, or 
 
 strike the said C. D. [or one E. F.], then being therein], 
 contrary, &c.
 
 296 
 
 Oke's Synop. 
 2nd ed. p. 344. 
 Offence 49. 
 
 Indictable Offences. 
 
 [PART n. 
 
 CARNALLY KNOWING FEMALE CHILDREN. 
 
 65. Girls under Ten Years of Age. (9 Geo. 4, c. 31, s. 17.)] did 
 feloniously assault one C. D., a girl under the age of ten years, to wit, of 
 the age of nine years, and her the said C. D. then and there feloniously 
 did unlawfully and carnally know and abuse, contrary, &c. 
 
 Id. Offence 50. 66. Above Ten and under Twelve Years of Age. (Id.)] did unlaw- 
 fully assault one [or the said] C. D., a girl above the age of ten years, 
 and under the age of twelve years, to wit, of the age of eleven years, and 
 her the said C. D. then and there did unlawfully and carnally know and 
 abuse, contrary, &c. 
 
 CATTLE. 
 
 Id. Offence 51. 67. Stealing. (7 & 8 Geo. 4, c. 29, s. 25.)] did feloniously steal, 
 take and drive [or carry] away, one horse [or mare, gelding, colt, filly, 
 
 bull, cow, ox, heifer, calf, ram, ewe, sheep, or lamb], [of the value of 
 
 pounds,] of the goods and chattels of one [or the said] C. D., contrary, &c. 
 
 68. Killing with Intent to steal. (Id.)] did wilfully and feloniously 
 kill one horse [or as in 67], of the goods and chattels of one [or the said] 
 C. D., with intent then and there feloniously to steal, take and carry 
 away the carcase [or skin, or a certain part of the carcase, that is to say, 
 the inward fat,] of the said , contrary, &c. 
 
 Id. Offence 52. 69. Maliciously killing, Sfc. (7 & 8 Geo. 4, c. 30, s. 16.)] did un- 
 lawfully, maliciously and feloniously kill [or maim, or wound] certain 
 cattle, to wit, a bay mare [or as the case may be], the property of one [or 
 the said] C. D., contrary, &c. 
 
 CHILD STEALING. 
 
 Id. p. 344. 70. Taking or decoying away a Child under Ten Years of Age. (9 
 
 Offence 53. Geo. 4, c. 31. s. 21.)] did feloniously and maliciously by force [or 
 fraud] lead [or take, or decoy, or entice away, or detain] a certain male 
 child under the age of ten years, to wit, of the age of eight years, named 
 S. D., the son of one [or the said] C. D , with intent to deprive the said 
 C. D., the parent of the said child, of the possession of the said child, 
 
 [or with intent, one woollen cloth waistcoat, of the value of 
 
 and , upon and about the person of the said child then and 
 
 there being, and the property of the said C. D., feloniously to 
 steal, take, and carry away], 
 contrary, &c. 
 
 Id. Offence 53. 71. Receiving or harbouring such Child. (Id.)] did unlawfully and 
 feloniously receive [or harbour] a certain male child tinder the age of ten 
 years, to wit, of the age of eight years, named S. D., the son of one [or 
 the said] C. D., who had been theretofore feloniously and maliciously by 
 force [or fraud] led [or taken, decoyed or enticed away or detained], he 
 the said A. B. well knowing that the said S. D. had been so feloniously 
 and maliciously led [or as the case may be~] away, with intent, &c. [as in 
 Form No. 70, supra.']
 
 CHURCH OR MEETING HOUSE -CHALLENGE. 297 
 
 CHURCH OR MEETING HOUSE. 
 
 72. Disturbing Church. (1 Will & Mary, c. 18, s. 18.)] did con- 
 temptuously [or maliciously] enter and come into a certain church, [or 
 cathedral, or chapel,] established by law, there situate, belonging to the 
 
 said parish of , [or called ,] wherein a congregation of Protestants 
 
 were then and there assembled for religious worship, and that the said 
 A. B. did then and there unlawfully disturb and disquiet the said congre- 
 gation by then and there swearing and talking with a loud voice, 
 
 [or by then and there talking, cursing and swearing with a loud voice, 
 
 to one C. D., the preacher then in the pulpit,] 
 [or by then and there laughing aloud several times,] 
 contrary, &c. 
 
 73. Disturbing Congregation of Dissenters. (52 Geo. 3, c. 155, s. 12 ; Oke's Synop. 
 and see 31 Geo. 3, c. 33, s. 10, as to Roman Catholics; and 9 & 10 Viet. 2nd ed. p. 348. 
 c. 59, as to Jews.)] did unlawfully, wilfully and maliciously, [or con- Offence 79. 
 temptuously] come into a certain congregation of Protestants dissenting 
 
 from the church of England, then and there assembled for the worship of 
 Almighty God, in a certain meeting house there situate, and the said con- 
 gregation then and there wilfully and of purpose maliciously and contemp- 
 tuously did disquiet and disturb by then and there, [as in Form No. 72, . . 
 supra, or as the case may happen], the said meeting house where the said 
 congregation were so assembled as aforesaid being then, and long before, 
 certified, registered and recorded according to the direction of the statute 
 in such case made and provided, and the doors of the said meeting house 
 not being then locked, barred or bolted, contrary, &c. 
 
 74. The like, shorter Form. (From Stone's Hand-book, p. 144.)] did 
 unlawfully disturb a certain meeting and congregation of persons, to wit, a 
 congregation of Protestants dissenting from the church of England, per- 
 mitted by law, and then and there assembled for religious worship in a 
 certain meeting house there situate, and then duly certified, registered and 
 recorded, pursuant to the statute in that behalf, by coming into the said 
 meeting house in a state of drunkenness, and by then talking and swearing 
 with a loud voice, contrary, &c. 
 
 ** The offender, for the offences described in Forms No. 73 and 74, 
 supra, after proof thereof before any justice by two or more 
 credible witnesses, is to find two sureties, to be bound by recog- 
 nizances in the penal sum of 50, to answer such offence, and in 
 default committed to prison. The recognizances will be in the 
 general Form No. 48 (S. 1), ante, p. 276. 
 
 CHALLENGE. 
 
 75. Provoking to Fight, or send a Challenge. (1 Hawk, c. 63, s. 3.)] 
 did wickedly, wilfully and maliciously utter, pronounce, declare and say 
 [or speak, declare, say and publish] to and in the presence and hearing 
 of one [or the said] C. D., certain provoking, malicious and scandalous 
 words, with intent to instigate, excite and provoke the said C. D. to fight 
 a duel with and against him the said A. B. [or to send a challenge to 
 him, the said A. B., to fight a duel with and against him, the said C. D.] 
 
 76. Sending Challenge. (Id.)] did wickedly, wilfully and maliciously 
 compose, write, send and deliver [or cause to be delivered] to one [or the 
 said] C. D. a certain letter and paper writing, containing a challenge to 
 fight a duel with him, the said A. B., against the peace of our lady the 
 Queen .
 
 298 
 
 Indictable Offences. 
 
 [PART n. 
 
 77. Taking Challenge. (Id.)] did knowingly, wickedly, wilfully and 
 maliciously carry a certain letter and paper writing containing a challenge 
 to fight a duel with and against one C. D. from one E. F. to the said C. D. 
 
 CLERGYMEN. 
 
 78. Arresting on way to or during Service. (9 Geo. 4, c. 31, s. 23.)] 
 did unlawfully arrest one [or the said] C. D., then being a clergyman, 
 
 upon a certain civil process, to wit, , while he, the said C. D., as such 
 
 clergyman, was then and there going to perform divine service in the parish 
 
 church of the parish of aforesaid ; he, the said A. 13., then and there 
 
 well knowing that the said C. D. was then and there a clergyman, and 
 was so going to perform divine service as aforesaid, 
 
 [or while he, the said C. D., as such clergyman, was then and there 
 performing divine service in the parish church of the parish of 
 
 aforesaid,] 
 
 contrary, &c. 
 
 COIN. 
 
 Oke's Synop. 79. Information to ground Search Warrant for Counterfeit Coin, or 
 2nded. p. 344. Tools, #c. (2 Will. 4, c. 34, s. 14.)] Proceed as in No. 1, ante, p. 258. 
 to the asterisk *, then : that he hath reasonable cause to suspect, and 
 doth suspect and believe that A. B. of &c. is concerned in the counter- 
 feiting of the current gold [or silver, or copper,] coin of this realm, 
 
 [or has in his custody or possession counterfeit coin of this realm, or 
 certain instruments, tools or engines adapted and intended for 
 the counterfeiting of the current coin of tin's realm,] 
 
 at and in a certain dwelling-house of the said A. B., situate at , in 
 
 the parish of aforesaid. 
 
 80. Search Warrant thereon. (Id.) 
 
 To J. N., constable of the parish of , in the [county] of . 
 
 { Whereas C. D. of &c. a credible witness in that behalf, hath 
 
 to wit. S this day made complaint upon oath before the undersigned, one 
 
 of her Majesty's justices of the peace in and for the said [county] of , 
 
 that he hath reasonable cause to suspect, and dotk suspect and believe 
 that, &c. [recite Information No. 79, supra, to the end] : These are there- 
 fore to command you, in her Majesty's name, forthwith, with necessary 
 and proper assistants, to enter in the day [or night] time into the said 
 
 dwelling-house of the said A. B. at aforesaid, and there diligently 
 
 to search for such counterfeit coin, and all tools or implements for making 
 or coining any such counterfeit coin ; and if the same, or any of them, 
 shall be found on such search, you are to seize and carry the same before 
 me, or some other of her Majesty's justices of the peace for the [county] 
 aforesaid, in order that the same may be secured, and produced in evidence 
 against the said A. B., and such other person or persons who shall or may 
 be prosecuted for the offence aforesaid, according to the statute in that 
 
 behalf made and provided. Given under my hand, this day of , 
 
 in the year of our Lord , at , in the [county] aforesaid. 
 
 J. S. 
 
 STATEMENTS OF OFFENCES. 
 
 Id. Offence 54. 81. Counterfeiting Gold or Silver Coin. (2 Will. 4, c. 34, s. 3.)] 
 did feloniously, falsely make and counterfeit two pieces of coin resembling 
 [or apparently intended to resemble, or pass for] certain of the Queen's 
 current gold [or silver] coin called sovereigns, [or shillings,] contrary, &c.
 
 CHAP, ii.] COIN. 299 
 
 82. Gilding or Silvering Coin. (Id. s. 4.)] did feloniously gild, [or Oke's Synop. 
 silver, or wash, colour, or case over with a certain wash] a certain piece 2nded. p. 344. 
 of coin called a farthing, resembling [or apparently intended to resemble 
 or pass for] certain of the Queen's current gold coin, called a sove- 
 reign, 
 
 83. [or a certain piece of silver, or copper, or coarse gold, or coarse 
 
 silver, or a certain metal called , or a certain mixture of 
 
 metals called ,] being of a fit size and figure to be coined, 
 
 and with intent that the said piece of silver should be coined 
 into false and counterfeit coin resembling [or apparently intended 
 to resemble, or pass] for a piece of the Queen's current gold coin 
 called a sovereign,] 
 
 84. [or a certain piece of the Queen's current silver coin, called a 
 
 shilling [or file or alter a certain, &c.] with intent to make the 
 said piece resemble [or pass for] a piece of the Queen's current 
 gold coin called a sovereign], 
 
 85. [or a certain piece of the Queen's current copper coin, called a 
 
 penny [or file or alter a certain, &c.], with intent to make the 
 said piece resemble, or pass for, a piece of the Queen's current 
 gold, or silver, coin, called a sovereign, or half-crown], 
 contrary, &c. 
 
 86. Impairing Gold or Silver Coin. (Id. s. 5.)] did feloniously Id. Offence 55. 
 impair, diminish and lighten two pieces of the Queen's current gold coin 
 
 called sovereigns [or shillings], with intent thereby then and there felo- 
 niously to make the said pieces of coin so impaired, diminished and 
 lightened to pass for the Queen's said current gold coin called sovereigns 
 [or shillings] as aforesaid, contrary, &c. 
 
 87. Buying, %c. Counterfeit Coin. (Id. s. 6.)] did feloniously sell to Id. Ofience 56. 
 [or buy, receive from, or pay, or offer to] one C. D. two certain pieces of 
 
 false and counterfeit coin resembling [or apparently intended to resemble, 
 or pass for] certain of the Queen's current gold [or silver] coin called 
 sovereigns [or shillings], at and for a lower rate and value than the same 
 then and there by its denomination did import, and was coined and 
 counterfeited for, to wit, for the sum of , contrary, &c. 
 
 88. Importing Counterfeit Coin. (Id. a. 6.)] did feloniously import 
 from beyond the seas into that part of the United Kingdom called Eng- 
 land, two pieces of false and counterfeit coin, each piece thereof resem- 
 bling [or apparently intended to resemble, or pass for] a piece of the 
 Queen's current silver [or gold] coin, called a shilling [or sovereign], he 
 the said A. B. then and there well knowing the same to be false and 
 counterfeit, contrary, &c. 
 
 89. Uttering Counterfeit Gold or Silver Coin. (Id. s. 7.)] did un- Id. Offence 57. 
 lawfully utter [or put off] a certain piece of false and counterfeit coin 
 resembling [or apparently intended to resemble, or pass for] certain of 
 
 the Queen's current gold [or silver] coin, called a , he the said A. B. 
 
 then and there well knowing the same to be false and counterfeit,* con- 
 trary, &c.
 
 300 
 
 Oke's Synop. 
 2nd ed. p. 344. 
 
 Id. p. 346. 
 Offence 58. 
 
 Indictable Offences. 
 
 [PART u. 
 
 Id. Offence 59. 
 
 Id. Offence 60. 
 
 td. Offence 61. 
 
 90. The like [or as in Forms No. 91, 92, 93], a Second Offence. (Id. 
 s.7.)] State the offence as in Form No. 89, supra, but that it was done 
 "feloniously," and then adding at the end: he the said A. B. having 
 
 before then, to wit, on the day of , at , been duly convicted 
 
 for having before then, to wit, on &c. at &c. [stating offence'], contrary, &c. 
 
 91. Uttering Counterfeit Gold or Silver Coin, and then having others in 
 Possession. (Id. s. 7.)] Proceed as in Form No. 89, supra, to the 
 asterisk*, and then : and he the said A. B., at the time he so uttered [or 
 put off] the said false and counterfeit coin, having in his possession, 
 besides the false and counterfeit coin so uttered [or put off] as aforesaid, 
 two [or one] other pieces of the like false and counterfeit coin, resembling 
 [or apparently intended to resemble, or pass for] certain of the Queen's 
 current gold [or silver] coin called , contrary, &c. 
 
 92. Uttering twice within Ten Days. (Id. s. 7.)] Proceed as in 
 Form No. 89, supra, to the asterisk*, and then: and that the said A. B. 
 afterwards, and within the space of ten days thence next ensuing, to wit, 
 
 on the day of , at the parish of , in the said [county^ of 
 
 , did unlawfully utter and put off a certain other piece of false and 
 
 counterfeit coin, resembling [or apparently intended to resemble, or pass 
 
 for] certain of the Queen's current gold [or silver] coin, called , 
 
 contrary, &c. 
 
 93. Having Possession of Counterfeit Coin with intent to utter same. 
 (Id. s. 8.)] did unlawfully have in his custody and possession two pieces 
 of false and counterfeit coin, resembling [or apparently intended to 
 resemble, or pass for] certain of the Queen's current gold [or silver] 
 
 coin, called , with intent then and there to utter and put off the 
 
 same, he the said A. B. then and there well knowing the same to be 
 false and counterfeit, contrary, &c. 
 
 94. Making or mending or having Coining Tools. (Id. s. 10.)] did 
 knowingly feloniously make [or mend, or begin or proceed to make or 
 mend, or buy or sell] 
 
 [or have in his possession], 
 
 without lawful authority or excuse, one puncheon [or counter-puncheon, 
 matrix, stamp, or die, pattern or mould], in and upon which there was 
 made and impressed the figure of one of the sides, that is to say, the head 
 side [or as the case may be] of a piece of the Queen's current gold [or 
 silver] coin, commonly called a , contrary, &c. 
 
 95. [or did feloniously and without lawful authority make, &c. [as 
 in 94], [or have in his custody and possession without lawful 
 excuse], one edger [or edging tool, collar, instrument, or 
 engine] adapted and intended for the working of coin round 
 the edges with grainings apparently resembling those on the 
 edges of a piece of the Queen's current gold [or silver] coin, 
 
 called a , he the said A. B. then and there well knowing 
 
 the same edger [or as the case may be~\ to be so adapted and 
 intended as aforesaid, contrary, &c]. 
 
 96. [or did feloniously and without lawful authority make, &c. [as 
 
 in 94], [or have in his custody and possession without lawful 
 excuse] one press for coinage [or cutting engine for cutting by 
 force of a screw, round blanks out of gold, silver or copper], he
 
 CHAP, ii.] COMPOUNDING CONSPIRACIES. 301 
 
 the said A. B. then and there well knowing such press to be a Oke's Synop. 
 press for coinage [or such engine to have been used, or to be in- 2nd ed. p. 346. 
 tended to be used, for and in order to the counterfeiting of the 
 Queen's current gold and silver coin], contrary, &c. 
 
 97. Conveying Tools or Coin, SfC. out of Mint without authority. Id. Offence 62. 
 (Id. s. 11.)] did knowingly and feloniously and without lawful autho- 
 rity, convey out of her Majesty's Mint there situate, one puncheon [or as 
 
 the case may be], used and employed in and about the coining of coin, 
 
 [or ten pieces of the Queen's current gold [07- silver] coin, called 
 
 ]> 
 contrary, &c. 
 
 98. Counterfeiting Copper Coin, or making or mending, selling, receiv- Id. Offence 63. 
 ing, or having in Possession, without Authority, any Tools, fyc. for such Coin. 
 
 (Id. s. 12.)] the Forms for describing either of these offences may be 
 easily framed from those described in Forms No. 81, 87, 88, 9496. 
 
 99. Uttering false Copper Coin, or having Possession of Three or more id. Offence 64. 
 Pieces thereof with intent to utter. (Id. s. 12.)] These offences may be 
 
 easily described by referring to the Forms No. 89, 93. 
 
 COMPOUNDING. 
 
 100. A Felony. (1 Hawk. c. 59, s. 5.)] did unlawfully, knowingly Id. Offence 69. 
 and for wicked gain's sake, compound a certain felony, that is to say, for 
 
 that one . F. did, on the day of last, at the parish of , 
 
 in the said [county] of , feloniously steal, take and carry away one 
 
 silver watch, of the value of , of the goods and chattels of the said 
 
 C. D., with one F. G., the servant of the said C. D., and then and there 
 
 did exact, take, receive and have of the said F. G. the sum of , for 
 
 and as a reward for compounding the said felony, and from desisting 
 from all further prosecution against the said E. F. for the said felony, from 
 which time the said C. D. hath desisted from all further prosecution of 
 the said E. F. 
 
 CONCEALING BIRTH. 
 
 101. Of Child, by burying, lye. (9 Geo.4, c. 34, s. 14.)] being then Id. Offence 71. 
 and there delivered of a certain male child, did, by secretly burying the 
 
 same, [or by disposing of its dead body by ], unlawfully endeavour 
 
 to conceal the birth thereof, contrary, &c. 
 
 CONSPIRACIES. 
 
 102. General. (1 Burn's Justice, p. 887, 29th ed.)] that A. B., of id. Offence 72. 
 &c., E. F., of &c., and G. H., of &c., did, on the day of last, 
 
 at the parish of , in the said [county] of , unlawfully and wick- 
 edly [falsely and maliciously] conspire, combine, confederate and agree 
 together, to [here state the object oj' the conspiracy, according to the sub- 
 stance of the facts]. 
 
 103. To Cheat. (Stone's Handbook, p. 145.)] that on &c., at &c., 
 C. D. and E. F. did amongst themselves unlawfully conspire [or, if the 
 warrant be against C. D. only, did unlawfully conspire with one E. F., 
 or with some person or persons at present unknown], by divers false pre- 
 tences and subtle devices, to obtain from A. B. a certain sum of money,
 
 302 
 
 Indictable Offences. 
 
 [PART n. 
 
 Oke's Synop. to wit, three shillings, the property of the said A. B., and thereby then 
 2nd ed. p. 346. and there to cheat and defraud the said A. B. of the same, against the 
 peace of our lady the Queen. 
 
 104. To accuse of Crime. (Id.)] that on &c., at &c., C. D. and 
 E. F. did, amongst themselves, unlawfully and maliciously conspire and 
 combine falsely to charge and accuse one A. B., that he the said A. B. 
 had then lately before feloniously stolen, taken and carried away a horse, 
 the property of one G. H., against the peace of our lady the Queen. 
 
 CONSTABLE. 
 
 Id. Offence 73. 105. Refusing to serve Office. (R. v. Lone, Stra. 820 ; JR. v. Bower, 
 1 B. & C. 587 ; 2 D. & R. 842.)] being then and there a constable of 
 
 the said parish of , and duly appointed and sworn to act for the said 
 
 parish of , under and by virtue of an act passed in the session of 
 
 parliament held in the fifth and sixth years of the reign of her Majesty 
 Queen Victoria, intituled " An Act for the appointment and payment of 
 Parish Constables" [or as the case may be~\, did unlawfully, wilfully, obsti- 
 nately and contemptuously refuse, and still doth refuse, to take upon him- 
 self and execute the said office of constable of the said parish. 
 
 Id. Offence 74. 106. Refusing to assist a Constable when called upon (R. v. Brown, 
 1 Car. & M. 314.)] did unlawfully and without lawful excuse refuse, 
 when duly called upon by one [or the said] C. D., to aid and assist him 
 the said C. D. in quelling an affray then and there unlawfully made, and 
 
 being in a certain public street and highway there situate, called , by 
 
 divers evil disposed persons there assembled to the number of [fifty] and 
 more, to the great disturbance of the public peace, he the said C. D. then 
 
 being one of the constables for the said parish of , duly appointed 
 
 under an act passed, &c. [here describe the statute tinder which the con- 
 stable is appointed as in No. 105, supra, or any of the others in tit. 
 " Constables," Chap. 2, of Part I., ante, p. 96, &c.], and being then and 
 there in the due execution of his office as such constable, and the said 
 A. B. being then and there present and witnessing the affray aforesaid. 
 
 CRUELTY. 
 
 Id. Offence 75. 107. To those of tender Years, under one's control. (2 Camp. 650.)] 
 Vide Dick. Q. S., 5th ed. pp. 353 355, for indictments for such 
 offences. 
 
 Id. p. 348. 
 Offence 76. 
 (1 Burn's Jus. 
 29th ed. 
 p. 4 18.) 
 
 DEAD BODIES. 
 
 108. Disinterring. (4 Bl. Com. 236; R. v. Lynn, 2 T. R. 733; 
 2 Leach, Cr. C. 497, S. C. ; R. v. Gillies, R. & Ry. C. C. R. 366, n.)] 
 did unlawfully and wilfully break and enter the churchyard of and be- 
 longing to the parish church of the same parish there situate, and the 
 grave there in which E. F. deceased had lately before then been interred 
 and then was, did unlawfully, wilfully and indecently dig open, and take 
 and carry away the body of the said E. F. 
 
 109. The like, a shorter Form. (Id.)] did unlawfully disinter and 
 dig up the dead body of a man formerly known and called by the name 
 of E. F. [or a man unknown], then and there buried. 
 
 (See Anatomy Act, 2 $ 3 Will. 4, c. 75, s. 18.)
 
 CHAP, ii.] DECLARATION-DISORDERLY HOUSE. 303 
 
 DECLARATION. 
 
 Making a False.] See " Perjury," post. 
 
 DISOBEDIENCE. 
 
 110. Of a Justice's Order. (Vide Dick. Q. S. 5th ed. pp. 288, 454.)] Qke's Synop. 
 Forms, Arch. Crim. Ev. by Jervis, 9th ed. p. 593. 2nd ed. p. 348. 
 
 Offence 77. 
 
 111. Of the Direction or Prohibition of a Statute where no Penalty 
 annexed. (Id.)] 
 
 * t * For the offences described in Forms 110, 111, supra, it 
 would be advisable to prefer an indictment at the sessions 
 or assizes in the first instance. 
 
 DISORDERLY HOUSE. 
 Keeping. (25 Geo. 2, c. 36, ss. 5, 6 ; 58 Geo. 3, c. 70, s. 7.) 
 
 112. Notice by Two Inhabitants to Constables and Overseers. 
 
 To J. N., constable of the parish of , in the said [county] of Id. Offence 78. 
 
 , and to the several overseers of the poor of the said parish. 
 
 County of 1 We, C. D. and E. F., two of the inhabitants of the said 
 
 > parish, paying scot and bearing lot therein, do hereby give 
 
 to wit. i you and each of you notice, that A. B., of the said parish of 
 , doth keep a bawdy-house, to wit, at a messuage and premises in 
 
 the parish aforesaid ; and we do hereby require you the said constable 
 and overseers forthwith to go with us before some one of her Majesty's 
 
 justices of the peace in and for the said [county] of , to the intent 
 
 that such proceedings may be had for the prosecution of the said A. B. 
 for the said offence as in and by the statute made and passed in the 
 twenty-fifth year of the reign of his late Majesty King George the Se- 
 cond, intituled " An Act for the better Prevention of Thefts and Rob- 
 beries, and for regulating Places of Public Entertainment, and punish- 
 ing Persons keeping Disorderly Houses," and also in and by a statute 
 made and passed in the fifty-eighth year of the reign of his late Majesty 
 King George the Third, are directed and required. 
 Witness our hands, this day of , 185 . 
 
 C. D. 
 
 E. F. 
 
 113. Deposition of Truth of Notice by the Two Inhabitants. 
 
 County of j C. D. and E. F., of the parish of , in the said [county] 
 
 Jof . severally make oath and say, that they severally 
 
 to wit. 7 believe the contents of the notice hereunto annexed (a copy 
 of which they have caused to be served on J. N., constable of the said 
 
 parish of , and also upon W. S., one of the overseers of the poor of 
 
 the said parish), to be true in substance and fact. 
 
 Sworn by the said C. D. and E. F., this N C. D. 
 
 day of , 185, before me, j E. F. 
 
 J.S. 
 
 One of her Majesty's justices of 
 the peace in and for the said 
 [county].
 
 304 Indictable Offences. [PART n. 
 
 114. Recognizance in 30 to prosecute by Constable or Overseer. 
 Proceed as in the General Form No. 43, (O. 1), ante, p. 273, stating 
 the condition thus : The condition of the within written recognizance is 
 such, that whereas C. D. and E. F., two of the inhabitants of the said 
 
 parish of , having given notice to the within bounden J. N. [or W. S.], 
 
 constable [or overseer] of the said parish of , that A. B. of the said 
 
 parish of doth keep a bawdy house in the said parish and county, 
 
 and having severally made a deposition on oath of their belief in the truth 
 of the contents of the said notice, and having also severally entered into 
 a recognizance in the penal sum of twenty pounds each before the within 
 mentioned justice, on condition that they shall give or produce material 
 evidence against the said A. B. for the said offence: If therefore he the 
 said J. N. [or W. S.] do and shall prosecute with effect the said A. B. for 
 the said offence, then this recognizance to be void, or else to stand in full 
 force and virtue. 
 
 115. Recognizance in 20 each to give Evidence by the Two Inhabitants. 
 Proceed as in the General Form No. 48, (S. 1), ante, p. 276, stating the 
 
 condition thus : The condition of the within written recognizance is such, 
 that whereas the said C. D. and E. F., two of the inhabitants of the said 
 
 parish of paying scot and bearing lot therein, having given notice in 
 
 writing to J. N. [or W. S.], a constable [or one of the overseers] of the 
 
 said parish of , that A. B. of the said parish of doth keep a 
 
 bawdy house in the same parish, and have severally made a deposition on 
 oath of their belief in the truth of the contents of the said notice, and the 
 said J. N. [or W. S.] having also entered into a recognizance in the sum 
 of thirty pounds before the justice within mentioned to prosecute with 
 effect the said A. B. for the said offence : If therefore they the said C. D. 
 and E. F. do give or produce material evidence on the prosecution of the 
 said A. B. for the said offence, then this recognizance to be void, or else to 
 stand in full force and virtue. 
 
 116. Justice's Warrant (after taking the above Recognizances} to bring up 
 
 Accused to be bound to answer Charge at Sessions or Assizes. 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 I Whereas C. D. and E. F., two of the inhabitants of the said 
 
 to wit. J parish of , paying scot and bearing lot in the said parish, 
 
 have given notice in writing to J. N., constable of the said parish, and also 
 to W. S. and J. P., overseers of the poor of the said parish, that A. B. of 
 the said parish doth keep a bawdy house in the same parish, and have also 
 severally made a deposition on oath this day before the undersigned, one 
 
 of her Majesty's justices of the peace in and for the said [county'] ef , 
 
 that they believe the contents of the said notice to be true, and have also 
 severally entered into a recognizance in the penal sum of twenty pounds 
 each, on condition to give or produce material evidence against the said 
 A. B. for the said offence : These are therefore to command you, in her 
 
 Majesty's name, forthwith to bring the said A. B. before me on , 
 
 the day of , at o'clock in the forenoon, at , to be 
 
 bound over to appear at the next general quarter sessions of the peace [or 
 assizes of oyer and terminer] to be held in and for the said [county~\, 
 there to answer such bill of indictment as shall be found against him for 
 
 such offence. Given under my hand and seal, this day of , in 
 
 the year of our Lord , at , in the [countyl aforesaid. 
 
 J. S. (L. s.)
 
 CHAP, ii.] DISSENTERS ENTRY (FORCIBLE). 305 
 
 117. Statement of Offence for the Commitment.] did unlawfully keep 
 and maintain a certain common, ill governed and disorderly house ; and 
 did cause certain persons, as well men as women, of evil name and fame, 
 and of dishonest conversation, to frequent and come together in the said 
 house, and there to be and remain drinking, tippling, whoring, and mis- 
 behaving themselves. 
 
 DISSENTERS. 
 See title " Church or Meeting House," ante, p. 297. 
 
 ELECTIONS. 
 
 118. Giving false Answers to Returning Officer. (6 Viet. c. 18, s. 81.)] Oke's Synop. 
 
 being then and there a voter for the [ division of the] county of 2nd ed. p. 348. 
 
 , for for the city or borough of ], did, at an election then and Offence 80. 
 
 there nolden for members to serve in parliament for the said [ 
 
 division of the] county of [or city or borough of ], at the time 
 
 of tendering his vote at the said election, in answer to the following ques- 
 tion (required on behalf of W. T., one of the said candidates at the said 
 election,) duly put to him by the returning officer, that is to say, " Are 
 you the same person," &c. [or as the case may be], then and there unlaw- 
 fully and wilfully did falsely answer [state the answer'], contrary, &c. 
 
 119. Personating Voters. (Id. s. 83.)] did then and there knowingly Id. Offence 81. 
 and unlawfully personate and falsely assume to vote at an election then 
 
 and there holden for members to serve in parliament for the [ division 
 
 of the] said county of [or city or borough of ], in the name of 
 
 one E. F., whose name then and there appeared and was on the register 
 of voters then in force for the [division] county [or city or borough] 
 aforesaid, contrary, &c. 
 
 EMBEZZLEMENT. 
 
 120. By Clerks or Servants. (7 & 8 Geo. 4, c. 29, s. 47.)] being then Id. Offence 82. 
 and there clerk [or servant], 
 
 [or in the capacity of a clerk or servant], 
 
 to one [or the said] C. D., did by virtue of his said employment then and 
 there, and whilst he was so employed, receive and take into his possession 
 certain money [or a certain chattel, to wit, a watch ; or a valuable secu- 
 rity, to wit, a check for eight pounds, in the words and figures following, 
 that is to say [fopy it]], to the amount of eight pounds and upwards, for 
 and in the name and on the account of the said C. D. his master, and the 
 said money feloniously did embezzle, contrary, &c. 
 
 ENTRY (FORCIBLE), AND DETAINER. 
 
 121. Taking Possession. (5 Rich. 2, st. 1, c. 8; 15 Rich. 2, c. 2.)] Id. Offence 86. 
 did forcibly and with strong hand enter into a certain messuage, with 
 the appurtenances there situate, of which one [or the said] C. D. was 
 then seised in his demesne as of fee [or possessed for a certain term of 
 
 years, whereof divers, to wit, , years were then to come and unex- 
 
 pired], and the said C. D. from the peaceable possession of the said mes- 
 suage, with the appurtenances aforesaid, forcibly, and with strong hand 
 unlawfully, did expel and put out, contrary, &c. 
 
 X
 
 306 
 
 Indictable Offences. 
 
 [PART n- 
 
 Oke's Synop. 122. Keeping Possession. (Id., and see 8 Hen. 6, c. 9.)] did unlaw- 
 
 2nd ed. p. 320. fully enter a certain messuage, with the appurtenances there situate, of 
 
 which one [or the said] C. I), was seised in his demesne as of fee [or 
 
 possession for a certain term of years, whereof divers, to wit, , years 
 
 were then to come and unexpired], and the said C. D. from the peace- 
 able possession of the said messuage, with the appurtenances aforesaid, 
 then and there did unlawfully expel and put out, and that the said A. B. 
 then and there hitherto the said C. D. from the possession of the said 
 messuage, wifli the appurtenances aforesaid, with force and arms, and 
 with strong hand, unlawfully and injuriously did keep out, and the said 
 messuage and appurtenances, and the possession thereof, then and there 
 unlawfully and forcibly did hold and detain, and still doth hold and 
 detain, from the said C. D., contrary, &c. 
 
 Id. Offence 87 
 (6 Burn's Jus. 
 29th ed. p. 
 295.) 
 
 ESCAPE, PRISON-BREACH AND RESCUE. 
 
 123. Returning from Transportation. (5 Geo. 4, c. 84, s. 22.)] 
 having been transported beyond the seas for the term of [seven years], in 
 pursuance of a certain judgment against him for [state shortly the sub- 
 stance of the offence for which he was transported,] feloniously and unlaw- 
 fully, and without any lawful cause or excuse, was, on the day of 
 
 , and before the expiration of the said term of [seven years], at 
 
 large at in the said [county~\ of , contrary, &c. 
 
 124. Escaping from Gaol. (4 Geo. 4, c. 64, s. 44.) Complaint for a 
 
 Warrant to apprehend.)] that A. B., being, on the day of 
 
 instant, at , lawfully in the custody of the said C. D., under and by 
 
 virtue of a warrant of J. S., Esquire, one of her Majesty's justices of the 
 
 peace in and for the said [county"] of , for felony [or on suspicion of 
 
 felony, or as the case may be], hath unlawfully and wilfully escaped from 
 the said gaol, and from and out of the custody of him the said C. D., the 
 keeper thereof, before the expiration of a certain term for which he the 
 said A. B. was ordered to be imprisoned and kept to hard labour 
 therein. 
 
 125. Officer having Person in Charge for Felony permitting his Escape. 
 (4 Bla. Com. 130; 1 Hale, 234; 2 Hawk. c. 18, s. 22.)] then having 
 one C. D. in his custody, under and by virtue of a warrant of J. S., 
 Esquire, one of her Majesty's justices of the peace in and for the said 
 
 [county] of , for having feloniously stolen the goods and chattels of 
 
 one E. F., did unlawfully and negligently [or voluntarily] permit the 
 said C. D. to escape and go at large. 
 
 125 a. Breaking Prison, when in Custody fora Capital Offence. (1 Edw. 
 
 2, st. 2, c. 1.)] being then lawfully imprisoned in the gaol of , for 
 
 [stating the capital offence], did then and there feloniously, unlawfully, 
 and injuriously break the said gaol, by means whereof he the said A. B. 
 then and there did escape from the said gaol and go at large whither- 
 soever he would, contrary, &c. 
 
 %* In the commitment say, if necessary, " and that the place where 
 the said A. B. was apprehended and retaken is in the parish of 
 , in the [county] of aforesaid." 
 
 126. Conveying Mask, fyc. into Prison to aid and assist Prisoners to 
 escape. (4 Geo. 4, c. 64, s. 43.)] did then and there unlawfully and 
 feloniously convey into a certain prison there situate, called , a
 
 CHAP, ii.] ESCAPE, &c. 307 
 
 certain mask [or vizor, or disguise], with intent to aid and assist one 
 E. F. then and there confined in the said prison to escape [or attempt to 
 escape] therefrom, contrary, &c. 
 
 127. The like, Instruments to facilitate Escape. (Id.)] did then and 
 there unlawfully and feloniously convey into a certain prison there 
 situate, called , a certain instrument, to wit, a file, heing an instru- 
 ment proper to facilitate the escape of prisoners therein, and did then and 
 there deliver the same to one E. F. [for the use of one F. G.], who was 
 then in custody there for [state the offence concisely], without the consent 
 of the keeper of the said prison, with intent, &c. [as in 126.1 
 
 128. For Prison Breaking by Person committed for Trial.'] being 
 
 then imprisoned in the , at in the said [county] of , under 
 
 and by virtue of a warrant of commitment of J. S., Esquire, one of her 
 Majesty's justices of the peace in and for the [county] of , [feloni- 
 ously, if not in a misdemeanor] , unlawfully and wilfully did break the 
 said prison, and escape from the same. 
 
 129. Rescuing Prisoner from Custody of Constable. (5 Burn's Jus. 
 29th ed., p. 730.)] whilst [the said] J. N., a constable of the said parish 
 
 of , was conveying one E. F. to the common gaol at , in the 
 
 said [county], under and by virtue of a warrant of commitment of J. S., 
 Esquire, one of her Majesty's justices of the peace for the said [county], 
 for having feloniously stolen the goods of G. H. [or as the case may be], 
 did unlawfully assault and beat the said J. N., and did then and there 
 feloniously (a), unlawfully and forcibly, and against the will of the said 
 J. N., rescue the said E. F. out of the custody of the said J. N. 
 
 130. Aiding a Prisoner in Custody for Treason or Felony to make his 
 Escape while being conveyed to Prison. (16 Geo. 2, c. 31, s. 3.)] did 
 feloniously and unlawfully assist one E. F. to make his escape from the 
 custody of one J. N., a constable, the said E. F. being then and there 
 lawfully in the custody of the said J. N., in order to convey him the said 
 E. F. to prison, under and by virtue of a warrant of J. S., Esquire, one 
 
 of her Majesty's justices of the peace in and for the said [county] of , 
 
 for having feloniously stolen the goods of C. D. [or as the case may be], 
 contrary, &c. 
 
 131. Rescue of a Prisoner generally. (4 Bla. Com. 131.)] whilst 
 one E. F. was in the lawful custody of one J. N., a constable, under and 
 by virtue of a warrant of one J. S., Esquire, one of her Majesty's justices 
 of the peace for the said [county] of , 
 
 [or of one C. O., the gaoler, under and by virtue of a conviction of 
 
 the said E. F. for felony], 
 
 unlawfully, forcibly [and feloniously], did rescue the said E. F. out of 
 the custody of the said J. N. [or C. O.], and him the said E. F. did put 
 at large to go whithersoever he would. 
 
 132. Pound-Breach. (2 Hawk. c. 21, a. 20.)] did unlawfully and 
 forcibly break a certain pound there, with intent then and there to rescue 
 a certain horse then in the said pound impounded for -, and did then 
 
 (a) The word feloniously should be omitted it) all cases (excepting murder, 
 see the 25 Geo. 2, c. 37, s. 9; 5 Burn's Just., 29th ed. 729), where the party 
 is not convicted of the offences ; and also in cases where he has been convicted, 
 if the offence be under felony. 
 
 x 2
 
 308 
 
 Indictable Offences. 
 
 [PART IT. 
 
 and there unlawfully and forcibly rescue the said horse from and out of 
 the said pound. 
 
 133. The like.'] with force and arms, unlawfully and against the 
 Queen's peace, did break and enter the common pound overt of and 
 belonging to the said parish of and to the manor of the same, and 
 thereout unlawfully and forcibly did rescue and lead away one grey 
 gelding, the property of one [or the said] C. D. [or A. B., the offender] 
 therein lawfully impounded by [the said] C. D., the said gelding having 
 been lately taken by the said E. F. or his servants as a distress damage 
 feasant in a certain meadow of the said E. F. at aforesaid, tres- 
 passing and doing damage to the grass therein. 
 
 (See, however, tit. " Pound-breach," ante, p. 175, Summary Convic- 
 tions.) 
 
 EXPLOSIVE SUBSTANCES. 
 
 Oke's Synop. 134. Having or manufacturing with intent, 
 2nd ed. p. 348. s. 8.)] This Form is at p. 291, No. 32. 
 Id. Offence 88. 
 
 (9 & 10 Viet. c. 25, 
 
 EXTORTION. 
 
 Id. Offence 89. 135. By a Constable. (1 Hawk. P. C. c. 68, s. 1 ; 2 Salk. 680.)] 
 being then a constable of the parish of in the said [county], unlaw- 
 fully, corruptly and by pretext and colour of his said office, by extortion 
 did extort and receive of and from one [or the said] C. D., then in the 
 
 custody of the said A. B., the sum of , as and for a fee due to him 
 
 the said A. B. as such constable, whereas in truth and in fact no fee 
 
 whatever [or no greater fee than the sum of ] was due to the said 
 
 A. B. as such constable aforesaid. 
 
 FALSE IMPRISONMENT. 
 
 136. Assault and False Imprisonment. (2 Inst. 589; Arch. Cr. PI. 
 by Jervis, 477.)] did assault and beat one [or the the said] C. D., and 
 did then and there unlawfully and injuriously and against the will of the 
 said C. D., and without any legal warrant, authority, or reasonable or 
 justifiable excuse whatsoever, imprison the said C. D. 
 
 FALSE PRETENCES. 
 
 Id. Offence 90. 137. Obtaining Goods, Sfc. by. (7 & 8 Geo. 4, c. 29, s. 53.)] did 
 unlawfully and knowingly falsely pretend to one [or the said] C. D. that 
 [set out the pretence], by means of which said false pretence the said A. B. 
 did then and there unlawfully obtain from the said C. D. [state what] of 
 the goods and chattels of him the said C. D. with intent then and there to 
 cheat and defraud the said C. D. of the same, whereas in truth and in 
 fact the said A. B. [here negative the false pretence], contrary, &c. 
 
 138. The like, another form. (From S. Stone's Handbook, p. 146.)] 
 did unlawfully obtain from one [or the said] C. D certain goods, to wit, 
 ten yards of calico, the property of the said C. D., by means of a certain 
 false pretence then and there made by him, to wit, that he the said A. B. 
 was then the servant of E. F. and had been sent by him to the said C. D.
 
 CHAP, ii.] FELONY- FISH FORGERY. 309 
 
 for the said goods [setting out the false pretence according to the fact}, Oke's Synop. 
 with intent thereby then and there to cheat and defraud the said C. D. of 2nd ed - P- 348 
 the same, contrary, &c. 
 
 FELONY. 
 
 139. Misprison of. (4 Bl. Comm. 12; 3 Inst. 36.)] that he the Id. Offence 91. 
 said A. B. being present when a certain person unknown did feloniously 
 
 [state the felony concealed], at &c., on &c., and well knowing the said 
 person, and intending to obstruct and hinder the due course of law and 
 justice, did unlawfully, wilfully and contemptuously neglect and refuse, 
 and still doth neglect and refuse, to disclose the name and residence of 
 the said person. 
 
 FISH. 
 
 140. Taking or destroying, in private Water adjoining Dwelling-house Id. p. 350. 
 of Owner. (7 & 8 Geo. 4, c. 29, s. 34.)] did unlawfully and wilfully Offence 92. 
 take [or destroy] ten fish called trout, then and there being in a certain 
 
 pond [or stream] of water in a certain close adjoining [or belonging] to 
 the dwelling-house of one [or the said] C. D. there situate, whereof the 
 said C. D. was then and there the owner [or wherein the said C. D. had 
 then a right of fishery], contrary, &c. 
 
 For damaging the ponds, &c. vide tit. " Malicious Injuries," post, 
 Forms No. 239 and 240. 
 
 FORGERY. 
 
 141. Forging a Bill of Exchange. (11 Geo. 4 & 1 Will. 4, c. 66, Id. Offence 93. 
 s. 3.)] did feloniously forge a certain bill of exchange [or promissory 
 
 note] in writing for the payment of money, purporting to be the accept- 
 ance of one C. D., in the words and figures following [or the indorse- 
 ment of and upon a certain bill of exchange, in writing, for the payment 
 of money, purporting to be the indorsement of one C. D.], with intent 
 to defraud one E. F., contrary, &c. 
 
 142. Uttering a forged Bill. (Id.)] did feloniously offer, utter, dis- 
 pose of, and put off a certain forged acceptance of [4~c. as in No. 141], 
 with intent to defraud one E. F., he the said A. B. then and there well 
 knowing the said acceptance [or indorsement] to be forged, contrary, &c. 
 
 143. Forging and uttering a Bank Note. (Id.)] did feloniously forge 
 [the indorsement or assignment of and upon] a certain bank note [or 
 Dank bill of exchange, or bank post bill], to wit, a bank note [or as the 
 
 case may be~\ for the payment of pounds [or divers bank notes], and 
 
 the said forged bank note then feloniously did offer, utter, dispose of and 
 put off, he the said A. B. then and there well knowing the same to be 
 forged, with intent to defraud the governor and company of the Bank of 
 England, contrary, &c. 
 
 144. Forging, Sfc. a Banker's Draft. (Id.)] did feloniously forge [or 
 put off to one C.D., well knowing the same to be forged] a certain warrant 
 and order for payment of money, commonly called a cheque on a banker, 
 
 purporting to be the order or draft of one E. F. upon Messrs and 
 
 Company, Bankers, with intent to defraud one E. F. [or C. D.], 
 
 [or a certain order purporting to be an order for the payment of the
 
 310 Indictable Offences. [PART n. 
 
 Oke's Synop. sum of by [the said C. D. to the said A. B. [the offender], 
 
 2nd ed. p. 350. and purporting to be signed by one G. H., with intent then 
 
 and there to defraud E. P.], 
 contrary, &c. 
 
 145. Forging a Will. (Id.)] did feloniously forge 
 
 [or offer, utter, dispose of and put off to E. F., well knowing the 
 
 same to be forged], 
 
 a certain will and testament [or codicil], purporting to be [a codicil to] 
 the last will and testament of one C. D., with intent to defraud one E. F., 
 contrary, &c. 
 
 146. Forging a Deed. (Id. s. 10.)] did feloniously forge 
 
 [or offer, utter, dispose of, and put off to one E. F., well knowing 
 
 the same to be forged], * 
 a certain deed purporting to be a conveyance from one L. M. to N. O. 
 
 of certain real estate situate at , and to have been signed, sealed and 
 
 delivered by the said L. M., with intent then and there to defraud [the 
 said] E. F., contrary, &c. 
 
 147. Forging or uttering a Bond. (Id)] Proceed to the asterisk* 
 in Form No. 146, supra, then : a certain bond for the payment of money, 
 to wit, the sum of , purporting to have been signed, sealed and de- 
 livered by one [or the said] C. D., with intent to defraud the said C. D., 
 contrary, &c. 
 
 148. Forging, fyc. an Acquittance or Receipt. (Id.)] Proceed to the 
 asterisk* in Form No. 146, supra, then: a certain acquittance and 
 receipt for the sum of [or for certain goods, to wit, ten bales of 
 cotton], purporting to be the receipt of one C. D., with intent to defraud 
 the said C. D., contrary, &c. 
 
 149. Forging Sfc, an accountable Receipt. (Id.)] Proceed to the aste- 
 risk* in Form No. 146, then: a certain accountable receipt, to wit, an 
 order for money [or goods, note, bill, or security for payment of money], 
 purporting to be an order from one C. D. to E. F. for the payment of the 
 
 sum of , [or for the delivery of certain goods, to wit, one shawl], 
 
 with intent then and there to defraud the said E. F., contrary, &c. 
 
 d. Offence 94. 150. Purchasing or having a forged Bank Note, 4" c - * re Possession. 
 (Id. s. 12.)] did feloniously and without lawful excuse purchase [or 
 receive] from one C. D. 
 
 [or had in his possession, well knowing the same to be forged], 
 a certain forged and counterfeit bank note [or bank bill of exchange, or 
 bank post bill, or blank bank note, &c.], to wit, a bank note [or as the 
 
 case may be~\, for the payment of pounds, [or divers forged and 
 
 counterfeit bank notes], contrary, &c. 
 
 151. Making or having Moulds for making Paper for Bank Notes. 
 (Id. s. 13.)] did feloniously make [or use] without the authority of the 
 governor and company of the Bank of England*, 
 
 [or knowingly had in his custody and possession, without lawful 
 excuse,] 
 
 a certain frame [or mould] called a , for the making of paper, with 
 
 the words " Bank of England" visible in the substance of the paper [or 
 as the case may be], contrary, &c. 
 
 [The offences under sect. 17 can beframedfrom this.']
 
 CHAP, ii.] FORGERY. 311 
 
 152. Using or having Bank Papers. (Id.)] Proceed from the aste- Oke's Synop. 
 risk* in Form No. 151, then: use [or sell, expose to sale, or utter and 2nd ed. p. 350. 
 dispose of,] 
 
 [or had in custody and possession, without lawful excuse,] 
 
 certain paper, to wit, pieces, with the words " Bank of England" 
 
 visible in the substance of the paper [or as the case may be~], contrary, &c. 
 
 Vide the sections for other offences, which may be readily described 
 from these. 
 
 153. Engraving on a Plate, 4-c. a Bank Note, or having same. (Id. 
 s. 15.)] did feloniously, and without the authority of the governor and 
 company of the Bank of England, * engrave upon 
 
 [or feloniously and without lawful excuse had in his possession] 
 a certain plate [or wood, stone, &c.], a certain promissory note [or bill 
 of exchange, [or blank promissory note, &c.] purporting to be [part of] 
 a bank note, contrary, &c. 
 
 154. Using same in Printing. (Id.)] did feloniously use a certain 
 forged and counterfeit plate, &c. [as in 153 to the end, then :] for the 
 making or printing such bank note, contrary, &c. 
 
 155. Uttering forged printed Paper, or having same. (Id.)] Proceed 
 to the asterisk* in Form No. 153, supra, then: offer, utter, dispose of, 
 and put off, 
 
 [or feloniously, and without lawful excuse, had in his possession] 
 a certain paper, upon which a blank bank note [or blank bank bill of 
 exchange, or blank bank post bill, or part of a bank note, &c.], was then 
 and there unlawfully and feloniously made and printed, contrary, &c. 
 
 156. Engraving on a Plate, fyc. a Word or Number, Sfc. (Id. ss. 16, 
 18.)] These may be readily framed from the above. 
 
 157. Making false Entries of Stock. (Id. s. 5.)] did feloniously and Id. Offence 95. 
 wilfully make a false entry, Vide Arch. 
 
 [or alter certain words and figures, that is to say [set them out], Cr.Pl.9thed.by 
 
 in a certain book of account kept by the governor and company of the Jervis, p. 385. 
 Bank of England, in which said book the accounts of the owners of certain 
 stock, annuities and other public funds, to wit, the [state the description 
 of stock] which were then transferable at the Bank of England, were 
 then and there entered, by then and there [describe the false entry'], with 
 intent then and there to defraud the governor and company of the Bank 
 of England [or C. D. or E. F], contrary, &c. 
 
 158. Forging and uttering a Transfer of Stock. (Id. s. 6.)] did 
 feloniously forge [or utter, well knowing the same to be forged], a trans- 
 fer of a certain share and interest in certain stock and annuities, to wit, 
 two thousand three hundred and five pounds, three pounds per centum 
 consolidated bank annuities [or as the case may be], then transferable at 
 the Bank of England, and which said transfer purports to be made by one 
 E. F., with intent then and there to defraud the governor and company 
 of the Bank of England [or the said E. F., the owner of the said stock], 
 contrary, &c. 
 
 159. Forging a Power of Attorney to sell out Stock. (Id.)] did 
 feloniously forge a certain power of attorney to transfer a certain share 
 and interest in certain stock and annuities, which then were transferable 
 at the Bank of England, which said power of attorney is as follows, that
 
 312 
 
 Indictable Offences. 
 
 [PART n. 
 
 Oke's Synop. is to say [here set it out~\, with intent then and there to defraud the go- 
 2nd ed. p. 350. vernor and company of the Bank of England, contrary, &c. 
 
 Id. Offence 96. 160. Forging an Attestation to a Power of Attorney. (Id. s. 8.)] 
 did feloniously forge the name and handwriting of one E. F. as and pur- 
 porting to be a witness attesting the execution of a certain power of attor- 
 ney to tranfer a certain share and interest of one C. D. in certain stock 
 and annuities, which were then transferable at the Bank of England, to 
 wit, , contrary, &c. 
 
 161. Forgery at Common Law. (East's P. C. c. 19; 2 East's P. C. 
 861,862; Arch. Cr. PL and Ev. 9th ed. by Jervis, p. 399.)] These 
 offences may be described similarly to others ; instead of stating them to 
 have been done " feloniously," say " unlawfully," and omit the words, 
 " contrary, &c." 
 
 FRIENDLY SOCIETIES. 
 
 162. Disobeying Justice's Order. (Under sect. 27 of 10 Geo.4, c. 56.)] 
 that [recite the complaint, issue of summons, and the hearing as in the 
 order, then :] and did thereupon then and there make a certain order in 
 writing under their hands and seals, directed to the said A. B. and E. F., 
 so being stewards of the said society, and all other persons whomsoever, 
 being officers or members of the said society, whereby, after reciting as 
 above recited, it was ordered that [here set forth the adjudicating part of 
 the order] as by the said order duly appears, of which order the said A. B. 
 
 and E. F. on the day of last had notice : And the said C. D. 
 
 further saith that the said A. B. and E. F., not regarding the said order 
 nor the said act of parliament, did not nor hath either of them [set forth 
 the act omitted] or in any respect complied with or obeyed the same order, 
 
 and on the day of instant wholly refused and neglected so to 
 
 do, contrary, &c. 
 
 %* Vide observation at foot of No. Ill, ante, p. 303. 
 
 GAME (NIGHT-POACHING.) 
 
 Id. Offence 102. 163. Taking or killing Hares or Conies in Warrens by Night. (7 & 
 
 8 Geo. 4, c. 29, s. 30.)] at or about the hour of , in the night of 
 
 the same day, did unlawfully and wilfully take [or kill] three hares [or 
 conies] then and there in a certain warren there situate [or ground there 
 situate and then lawfully used for the breeding, or keeping of hares, or 
 conies] of one [or the said] C. D., contrary, &c. 
 
 Id. Offence 103. 164. Taking Game or Rabbits by Night, or using Net, fyc.jbr taking 
 same on Land or public Road, after Two previous Summary Convictions. 
 (9 Geo. 4, c. 69, s. 1 and 7 & 8 Viet. c. 29, s. 1.)] These will be de- 
 scribed in precisely the same manner as in the Forms No. 34 36, title 
 " Game," ante, p. 118, adding at the conclusion, " he the said A. B. 
 having before then been twice previously convicted of the like offence." 
 
 Id. Offence 104. 165. Offenders found and assaulting Keeper with Gun, SfC. (9 Geo. 4, 
 c. 69, s. 2 ; 7 & 8 Viet. c. 29, s. 1.)] that the said A. B., before and at 
 the time of committing the assault hereinafter mentioned, to wit, on the 
 
 day of instant, about the hour of , in the night of the 
 
 same day, at the parish of , in the said [county] of , did by
 
 CHAP, ii.] GAMING HOUSEBREAKING. 313 
 
 night unlawfully enter and was in a certain close of land, called , in Oke's Synop. 
 
 the occupation of E. F. [or as the case may be, describing the place as in ^ n " ec ** P* *0. 
 
 the Forms No. 34 36, tit. " Game," ante, p. 118,] there situate, with a 
 
 certain gun [or as the case may be,] for the purpose then and there, by 
 
 night as aforesaid, of taking and destroying game, and was then and 
 
 there found by one [or the said] C. D., the gamekeeper of the said E. F. 
 
 who had then and there lawful authority to seize and apprehend him, and 
 
 that he the said A. B. then and there [with the gun aforesaid] did then 
 
 and there unlawfully assault and beat, and offer violence towards the said 
 
 C. D., contrary, &c. 
 
 16G. Three or more entering Land, one being armed. (9 Geo. 4, c. 69, Id. Offence 105. 
 s. 9.)] together with divers other persons unknown, to the number of 
 
 three or more together, about the hour of , in the night of the same 
 
 day, the said C. D. and the said other persons being then and there respec- 
 tively [or the said C. D. being then and there] armed with a gun [or offen- 
 sive weapon, to wit, a bludgeon, or as the case may be,~] did unlawfully enter 
 into a certain close of land, called , in the occupation [or the pro- 
 perty] of one E. F. [or certain open land called , the property of 
 
 , or a certain wood, called , in the occupation, or the property 
 
 of E. F.] there situate, and were then and there, by night as aforesaid, 
 and armed as aforesaid, together unlawfully in the said for the pur- 
 
 Eose then and there, by night as aforesaid, of taking and destroying game 
 or rabbits] there, contrary, &c. 
 
 GAMING. 
 
 167. Cheating at Play. (8 & 9 Viet. c. 109, s. 17; 7 & 8 Geo. 4, Id. Offence 106. 
 c. 29, s. 53.)] did unlawfully obtain from one [or the said] C. D. cer- 
 tain money, to wit, the sum of pounds, by means of a certain false 
 
 pretence, to wit, by a certain fraud and unlawful device and ill practice 
 
 in playing a certain game, called , with cards [or dice] with the said 
 
 C. D., and winning thereby from the said C. D. to him, the said A. B., 
 
 the said sum of , with intent thereby then and there to cheat and 
 
 defraud the said C. D. of the same, contrary, &c. 
 
 HOUSEBREAKING. 
 
 168, Breaking and entering a Dwelling-house, or Building with a Com- jj. Offence 107. 
 munication between them, and stealing therein. (7 & 8 Geo. 4, c. 29, ss. 
 12, 13.)] did feloniously break and enter the dwelling-house of one [or 
 the saidj C. D. there situate, 
 
 [or a certain building, to wit, a , within the curtilage of the 
 
 dwelling-house of one [or the said] C. D. there situate, occupied 
 therewith, and having an immediate communication between 
 them, or by means of a covered, or inclosed, passage leading 
 from the one to the other,] 
 
 and did feloniously steal, take, and carry away therefrom six silver tea- 
 spoons, of the value of , of the goods and chattels of the said C. D. 
 
 then and there being, contrary, &c. 
 
 167. The like, a Building within the Curtilage, but no Communication Id. Offence 108. 
 between them. (Id. s. 14.)] did feloniously break and enter a certain 
 building, to wit, a , of one [or the said] C. D. there situate, (the said
 
 314 Indictable Offences. [PART u. 
 
 Oke's Synop. building being within the curtilage of the dwelling-house of the said 
 2nd ed. p. 350. C. D. there situate, and by the said C. D. then and there occupied there- 
 with, and there being then and there no communication between the said 
 building and the said dwelling-house either immediate or by means of 
 any covered or inclosed passage leading from the one to the other,) and 
 the said A. B. then and there in the said building six silver tea-spoons, 
 of the value of , of the goods and chattels of the said C. D., feloni- 
 ously did steal, take, and carry away, contrary, &c. 
 
 Id. Offence 109. 168. Breaking and entering a Shop, Warehouse, 4~c. and stealing there- 
 in. (Id. s. 15.)] did feloniously break aud enter the shop [or ware- 
 house, or counting-house] of one [or the said] C. D. there situate, and 
 did then and there feloniously steal, take, and carry away three silk 
 
 handkerchiefs, of the value of -, of the goods and chattels of the said 
 
 C. D. then and there being found, contrary, &c. 
 
 INDECENCY. 
 
 Id. Offence 1 10. 169. Exposing person naked to public View. (R. v. Camden, 2 
 Camp. 89.)] on a certain public and common highway there situate, did 
 wilfully, wickedly, and scandalously expose to the view of divers persons 
 then and there passing and repassing, the body and person of him the 
 said A. B. naked and uncovered, for a long space of time, to wit, for the 
 space of one hour. 
 
 Id. Offence 111. 170. Printing or publishing indecent Books, #c. (R. v. Curl, 2 Str. 
 788.)] did unlawfully, wickedly, maliciously, and scandalously sell and 
 utter to one C. D., in a certain open and public shop of him the said 
 A. B. there situate, a certain lewd, wicked, scandalous, and obscene print 
 
 [or paper] intituled , representing , and which said paper [or 
 
 print] is contained in a certain printed pamphlet then and there uttered 
 and sold by him the said A. B. to the said C. D., intituled " ." 
 
 LARCENY. 
 
 Id. p. 352. 171. Simple, of the personal Goods of another. (Com. Law.)] did 
 
 Offence 11 3. feloniously steal, take and carry away one silver watch, of the value of 
 
 , of the goods and chattels of one [or the said] C. D. 
 
 %* If the offence was not committed where the offender examined and 
 sent for trial, say, " and that the place where the said A. B. car- 
 ried the said goods and was apprehended, is in the parish of 
 , in the said [county~\ of ." 
 
 Id. Offence 11 4. J 72. Qf Orders, Debentures, Bills, Bonds, &c. (7 & 8 Geo. 4, c. 29, 
 s. 5.)] did feloniously steal, take and carry away one promissory note 
 [or a certain bond, bill of exchange, warrant, or order], for the payment 
 
 of the sum of , [or delivery of certain goods, to wit, three bales of 
 
 cotton], the property of one [or the said] C. D., and the said sum of 
 money payable upon and secured by the same being then due and unsa- 
 tisfied to the said C. D., contrary, &c. 
 
 Id. Offence 115. 173. Of Deeds, $c. relating to Real Property. (Id. s. 23.)] did 
 unlawfully steal, take and carry away a certain written parchment, the 
 property of one [or the said] C. D., being then and there evidence of
 
 CHAP, ii.] LARCENY. 315 
 
 [part of] the title of the said C. D. to certain real estate, in which the Oke's Synop. 
 said C. D. then and there had and still hath a present interest, con- 2nd ed - PP- 352. 
 trary, &c. 
 
 174. Of Wills or Codicils. (Id. s. 22.)] did unlawfully steal, take Id. Offence 116. 
 and carry away a certain will and testamentary instrument [or codicil] 
 
 of one C. D., contrary, &c. 
 
 175. Fraudulently destroying or concealing Will, Sfc. (Id.)] did un- 
 lawfully, in order to defraud one [or the said] C. D., destroy [or conceal] 
 a certain will and testamentary instrument [or codicil] of one E. F., con- 
 trary, &c. 
 
 176. Of Records and other Documents. (Id. s. 21.)] did unlawfully Id. Offence 117. 
 steal, take and carry away a certain judgment roll of her Majesty's Court 
 
 of Queen's Bench, in the treasury of the said court there being then 
 deposited, the said treasury being the place of deposit of the said judg- 
 ment roll for the time being, contrary, &c. 
 
 177. Injuring same. (Id.)] did unlawfully and maliciously obliter- 
 ate and injure [or destroy] a certain judgment roll, &c. [conclude as in 
 No. 176, supra.] 
 
 178. Deer in inclosed Ground, or killing or wounding same, $c. (Id. Id. Offence 118. 
 s. 26.)] This Form will be found in tit. "Juvenile Offenders" p. 134, 
 
 No. 5. 
 
 179. The like, in uninclosed Ground (Second Offence). (Id.)] The Id. Offence 119. 
 like No. 6, ante, p. 134. 
 
 180. Oysters, $c. from Bed of another. (Id. s. 36.)] This Form will Id. Offence 120. 
 be found in tit "Juvenile Offenders," ante, p. 134, No. 8. 
 
 181. Using Dredge for taking Oysters. (Id.)] did unlawfully and Id. Offence 121. 
 wilfully use a certain dredge [or net, or as the case may be], within the 
 
 limits of a certain oyster fishery, called Helford, there situate, the pro- 
 perty of one [or the said] C. D., and sufficiently [marked out and] known 
 as the property of the said C.D., for the purpose then and there of taking 
 oysters [or oyster brood], contrary, &c. 
 
 182. Dragging Net on Ground. (Id.)] did unlawfully and wilfully, 
 
 with a certain net [or instrument, or engine, called ], drag upon the 
 
 ground and soil of a certain oyster fishery called Helford, there situate, 
 the property of one [or the said] C. D., and sufficiently [marked out and] 
 known as the property of the said C. D., contrary, &c. 
 
 183. Dogs(Second Offence). (8& 9 Viet. c. 47,s. 2.)] Describe offence Id. Offence 122. 
 as in Form No. 1, ante, p. 107, tit. " Dogs," adding thereto, " be the said 
 
 A. B. having been previously convicted of the like oflence." 
 
 184. Having Possession of Stolen Dog (Second Offence). (Id. s. 3.)] Id. Offence 123. 
 Describe offence as in Form No. 4, ante, p. 108, tit. " Dogs," adding 
 
 thereto, " he the said A. B. having been previously convicted of the like 
 offence." 
 
 185. Corruptly taking Reward as to Stolen Dog. (Id. s. 6.)] did Id. Offence 124. 
 unlawfully and corruptly take from one [or the said] C. D., certain
 
 316 Indictable Offences. [PART n. 
 
 Oke's Synop. money and reward, to wit, the sum of , under pretence [or upon 
 
 2nd ed. p. 352. account] of aiding the said C. D. to recover a certain dog of him the said 
 C. D., before then unlawfully stolen, taken and carried away, he the 
 said A. B. not having aided in any way the recovery of the said dog, con- 
 trary, &c. 
 
 Id. Offence 125. 186. Stealing or damaging with intent to steal Trees, $c. growing in 
 Parks, 4-c. Value above 1. (7 & 8 Geo. 4, c. 29, s. 38.)] This Form 
 will be found under tit. " Juvenile Offenders." ante, p. 135, No. 10. 
 
 Id. Offence 126. '87. The like, growing elsewhere, exceeding 5. (Id.)] The like, 
 ' No. 11, ante, p. 135. 
 
 Id. Offence 127. 188. The like, of Value ofls.( Third Offence). (Id. s. 39.)] The like, 
 No. 12, ante, p. 135. 
 
 Id. Offence 128. 189. The like, Plants, Fruits, ^c. in Gardens, ^c. (Second Offence). 
 (Id. s. 42.)] The like, No. 13, ante, p. 135. 
 
 Id. Offence 129. 190. The like, Metal, Wood, $c. fired to Houses, Land, or in any 
 public Place. (Id. s. 44.)] -The like, No. 14, ante, p. 135. 
 
 Id. Offence 130. 191. Stealing, or severing with intent to steal, Ore or Coal from Mines. 
 (Id. s. 37.)] The like, No. 9, ante, p. 134. 
 
 Id. Offence 131. 192. Workmen in Cornish Mines removing or concealing Ore to defraud 
 Adventurers or other Miners. (2 & 3 Viet. c. 58, s. 10.)] The like, 
 No. 9, ante, p. 135. 
 
 Id. Offence 132. 193. Stealing from the Person. (7 Will. 4 & 1 Viet. c. 85, s. 5.)] 
 did feloniously steal, take and carry away from the person of [the said] 
 C. D., six pieces of the current gold coin of the realm, called sovereigns, 
 
 and one gold ring, of the value of , of the monies, goods and chattels 
 
 of the said C. D., contrary, &c. 
 
 194. Robbery from the Person, and by putting in Fear. (Id., and 2 East, 
 P. C. 707; 1 Hawk. c. 34, ss. 8, 9.)] did feloniously make an assault 
 in and upon [the said] C. D., and him the said C. D. in bodily fear and 
 danger of his life did feloniously put, and did feloniously and violently 
 steal, take and carry away from the person of the said C. D., and against 
 his will, six pieces of the current gold coin of the realm, called sovereigns, 
 
 and one gold ring, of the value of , of the monies, goods and chattels 
 
 of the said C. D.*, contrary, &c. 
 
 195. The like, a shorter Form. (Id.)] did feloniously and violently 
 assault one [or the said] C. D., and thereby put the said C. D. in bodily 
 
 fear, and sovereigns of the current gold coin of this realm, and one 
 
 gold ring, of the value of , did then and there feloniously steal, take 
 
 and carry away from the person of the said C. D.*, contrary, &c. 
 
 Id. Offence 133. 196. Robbery and Wounding. (Id. s. 2.)] Proceed to the asterisk* in 
 either of the Forms No. 194 or 195, supra, then .-and that the said A. B., 
 immediately before [or after] he so robbed the said C. D. as aforesaid, 
 did feloniously stab [or cut, or wound] the said C. D. in and upon the 
 left side, contrary, &c. 
 
 Id. Offence 134. 197. Robbery and being armed. (Id. s. 3.)] Proceed to the asterisk*
 
 CHAP, ii.] LARCENY. 317 
 
 in either of the Forms No. 194 or 195, supra, then: the said A. B., Oke's Synop. 
 being then and there armed with a certain offensive weapon and instru- 2nd ed. p. 352. 
 ment, to wit, a bludgeon, contrary, &c. 
 
 198. Robbery, and in Company with one or more other Persons. (Id.)] Id. Offence 134. 
 Proceed to the asterisk* in Forms No. 194 or 195, supra, then : the said 
 
 A. B. being then arid there in company with one [two] other person, to 
 wit, a person unknown, contrary, &c. 
 
 199. Robbery, and using Violence. (Id.)] Proceed to the asterisk* Id. Offence 134. 
 in either of the Forms No. 194 or 195, supra, then: and that the said 
 
 A. B., immediately before [or after] he so robbed the said C. D. as afore- 
 said, did feloniously beat [or strike, or use personal violence to] the said 
 C. D., contrary, &c. 
 
 200. Demanding Property with Menaces, with intent to steal same. Id. Offence 135- 
 (Id. s. 7.)] did with menaces [or by force] feloniously demand of and 
 
 from one [or the said] C. D. the money [or a certain chattel, to wit, a 
 watch] of him the said C. D., with intent then and there feloniously to 
 steal, take and carry away the same from the said C. D., contrary, &c. 
 
 201. Stealing in a Dwelling-house, or a Building communicating there- Id. Offence 136. 
 with, to the Value of 51. or more. (7 & 8 Geo. 4, c. 29, s. 12.)] did 
 
 feloniously steal, take and carry away one silver teapot of the value of five 
 
 pounds, and six silver teaspoons, of the value of respectively, of the 
 
 goods and chattels of one [or the said] C. D., then being in the dwelling- 
 house of the said C. D. there situate, 
 
 [or a certain building, to wit, a , within the same curtilage, as 
 
 the dwelling-house of the said C. D. there situate, and occupied 
 therewith, and having an immediate communication with the 
 said dwelling-house, or having a communication with the said 
 dwelling-house by means of a covered and inclosed passage lead- 
 ing from one to the other], 
 contrary, &c. 
 
 201 a. Stealing in a Dwelling-house and putting any one therein in bodily id. p. 354. 
 Fear. (7 Will. 4 & 1 Viet. c. 86, s. 5.)] did feloniously steal, take Offence 137. 
 
 and carry away six silver, teaspoons, of the value of , of the goods and 
 
 chattels of one [or the said] C. D., then and there being in the dwelling- 
 house of the said C. D. there situate ; and at the time of the committing 
 of the said felony he the said A. B. did then and there by menaces and 
 threats put the said C.D. [or one M. D.], then being in the said dwell- 
 ing-house, in bodily fear, contrary, &c. 
 
 202. From Manufactories to Value of 10s. (7 & 8 Geo. 4, c. 29, Id. Offence 138. 
 s. 16.)] did feloniously steal, take and carry away yards of 
 
 cloth, of the value of ten shillings, to wit, of the value of eleven shillings, 
 of the goods and chattels of one for the said] C. D., then and there being 
 in a certain mill and building [or as the case may 6e] of the said C. D. 
 there situate, and while the same were laid, placed and exposed in the 
 said mill and building during a certain stage, process and progress of 
 manufacture, contrary, &c. 
 
 203. From Ships in Quay. (Id. s. 17, and 7 Will. 4 & 1 Viet. c. 87, Id. Offence 139. 
 s. 8.)] did feloniously steal, take and carry away from a certain ship 
 
 called the Algiers, then and there being upon a certain navigable river
 
 318 Indictable Offences. [PART n. 
 
 Oke's Synop. called the Tamar, pounds weight of indigo, of the value of , of 
 
 2nd ed. p. 354. the goods, wares and merchandize of one [or the said C. D.], contrary, &c. 
 
 Id. Offence 139. 204. The like, stranded. (Id.)] did feloniously, plunder, steal, take 
 
 and carry away from a certain ship called the , then and there 
 
 stranded and cast on shore [or as the case may be] twenty pieces of oak 
 plank, being parts of the said ship, 
 
 [or pounds weight of indigo belonging to the said ship], 
 
 the property of one [or the said] C. D., [or of a person or persons un- 
 known], contrary, &c. 
 
 Id. Offence 139. 205. From Docks, Wharfs, $c. (Id.)] did feloniously steal, take 
 and carry away from a certain wharf there situate, and adjacent to a 
 certain navigable river there called the Fal, certain goods and merchan- 
 dize of one [or the said] C. D., to wit, , then and there being, 
 
 contrary, &c. 
 
 Id. Offence 140. 206. By Clerks or Servants. (7 & 8 Geo. 4, c. 29, s. 46.)] being 
 then clerk [or servant] of one [or the said] C. D., did feloniously steal, 
 take and carry away four pieces of the current gold coin of this realm 
 
 called sovereigns [or one bushel of barley of the value of ] of the 
 
 monies of and belonging to the said C. D. [or of the goods and chattels of 
 the said C. D.] his master, contrary, &c. 
 
 Id. Offence 141. 207. By Tenants or Lodgers. (Id. s. 45.)] This will be the same as 
 that for simple larceny, No. 171, ante, p. 314. 
 
 Id. Offencel43. 208. After a previous Conviction. (7 & 8 Geo. 4, c. 28, s. 11.)] 
 Describe this in the usual manner, stating at the conclusion, if known at 
 the time of committal, " he the said A. B. having before been convicted 
 o^ felony;" but in practice it is not usual to mention the first felony. 
 (2 Arch. J. P. p. 539, 4th edit.) 
 
 LETTER (THREATENING.) 
 
 Id. Offence 144. 209. Jo kill any Person or burn House, $c. (4 Geo. 4, c. 54, s. 3.)] 
 did knowingly, wilfully and feloniously send [or deliver] to one [or the 
 said] C. D. a certain letter with a certain fictitious name [or signature], 
 to wit, the name [or signature] of one E. F. [or without any name or 
 signature] thereto subscribed, directed to the said C. D. by the name and 
 description of Mr. C. D., threatening to kill and murder him the said C. D., 
 [or to burn and destroy the house, [or as the case may be,] of the said 
 
 C.D.], 
 
 a subject of her Majesty, then and there being, which said letter is as 
 follows, that is to say [here set it out verbatim], contrary, &c. (Vide 
 Form No. 212, post, on 10 & 11 Viet. c. 66, s. 1.) 
 
 Id. Offence 145. 210. Demanding Money, $c, by Letter without reasonable or probable 
 cause. (7 & 8 Geo. 4, c. 29, s. 8.)] did knowingly and feloniously send 
 [or deliver] to one [or the said] C.D. a certain letter directed to the said 
 C. D. by the name and description of Mr. C.D., demanding money [or 
 as the case may be] from the said C. D. with menaces, and without any 
 reasonable or probable cause, and which said letter is as follows, that is to 
 say [set it out verbatim], contrary, &c.
 
 CHAP, ii.] LETTER (THREATENING) LIBELS. 319 
 
 211. Accusing or threatening to accuse of a Crime with a view to extort Oke's Synop. 
 Money, by Letter. (Id., and 10 & II Viet. c. 66, s. 1 .)] did kuow- 2nded.p. 354. 
 ingly and feloniously send [or deliver] to one [or the said] C. D., Offence 146. 
 
 [or utter to one E. F., 10 & 11 Viet. c. 66, s. 1], 
 
 a certain letter [or writing] directed to the said C. 1). by the name and 
 description of Mr. C. D., 
 
 [or directed to one E. F., 10 & 11 Viet. c. 66, s. 1], 
 accusing [or threatening to accuse] the said C. D. [or E. F., or one 
 G. H.] of having committed a certain crime now punishable by law with 
 death [or transportation], to wit, - , 
 
 [or assaulted one L. M. with intent to commit a rape upon her the 
 said L. M., or attempted, or endeavoured to commit a rape 
 upon one L. M., the wife of the said A. B.], 
 [or a certain infamous crime, to wit, the abominable crime of bug- 
 
 . . 
 
 with a view [or intent] thereby to extort [or gain] money from the said 
 C. D. [or E. F.], and which said letter, &c. is as follows [copy it], con- 
 trary, &c. 
 
 212. To Kill or Burn, 4-0. (under 10 & 11 Viet. c. 66, s. 1.)] did 
 knowingly and feloniously send [or deliver] to one [or the said] C. D. 
 
 [or utter to one E. F.] 
 
 a certain letter [or writing] directed to the said C. D. by the name and 
 description of Mr. C. D., 
 
 [or directed to one E. F. by the name and description of Mr. E. F.], 
 threatening to murder the said C.D. [or E. F., or one G. H.], 
 
 [or to burn, or destroy the house, or barn, or building, or rick, or 
 stack of wheat, barley, hay, or straw, or agricultural produce, 
 to wit, - ], 
 
 of the said C.D. [or E. F., or one G. H.], and which said letter [or 
 writing] is as follows, that is to say [copy it verbatim], contrary, &c. 
 (See tit. " Accusing" where threats not by letter.) 
 
 LIBELS. 
 
 213. Against the Queen. (4 Bla. Com. 123; 60 Geo. 3 & 1 Geo. 4, 
 c. 8, ss. 1, 4.)] did wickedly, maliciously and seditiously write and 
 publish, and cause and procure to be written and published, a certain 
 false, wicked, malicious, scandalous and seditious libel of and concerning 
 our sovereign lady Queen Victoria and her government, according to 
 the tenor and effect following, that is to say [set it out], 
 
 214. Against Justice. (1 Russell on Crimes, 223)] did wickedly and 
 maliciously write and publish a certain false, wicked, malicious and scan- 
 dalous libel of and concerning a certain cause between C. D. and E. F., 
 
 tried at the last assizes for the county of , and of and concerning the 
 
 jury who tried the said cause, and of and concerning the judge before 
 whom the said cause was tried, according to the tenor and effect follow- 
 ing, that is to say [set it out]. 
 
 215. Publishing or threatening to publish Libel upon any Person, SfC. Id, Offence 147. 
 with a view to extort Money. (6 & 7 Viet, c.96, s. 3.)] did unlawfully 
 
 write and publish, and cause and procure to be written and published, 
 [or threaten to publish, or as the case may be], a certain false, scandalous 
 and malicious libel, containing divers false, scandalous and malicious
 
 320 
 
 Indictable Offences. 
 
 [PART n. 
 
 Oke's Synop. matters and things touching [the said] C. D., according to the tenor and 
 2nd ed. p. 354. effect following, that is to say {here set out the libel], with intent then 
 and there and thereby to extort from the said C. D. certain money [or as 
 the case may be'], contrary, &c. 
 
 Id. Offence 148. 216. Publishing any defamatory Libel. (Id. s. 4.)] did unlawfully 
 write and publish, and cause and procure to be written and published, a 
 certain false and defamatory libel, containing divers false and defamatory 
 matters and things touching [the said] C. D., according to the tenor and 
 effect following, that is to say [here set out the libel], he the said A. B. 
 then and there well knowing the said libel to be false, contrary, &c. 
 
 Id. Offence 149. 217. Maliciously publishing any defamatory Libel. (Id. s. 5.)] did 
 unlawfully and maliciously publish a certain false and defamatory libel, 
 containing divers false and defamatory matters and things touching [the 
 said] C. D., according to the tenor and effect following, that is to say [set 
 out the defamatory matter], contrary, &c. 
 
 5 Burn's Jus. 
 29th ed. p. 5. 
 
 MAINTENANCE. 
 
 218. Of Suits or Quarrels of others. (1 Hawk. c. 83, ss. 1, 2; 33 
 Edw. 1, st. 3.)] did unjustly and unlawfully maintain and uphold a 
 certain action which was then depending in the court of our lady the 
 Queen, before the Queen herself, 
 
 [or in the C. P., " in the court of our lady the Queen, before her 
 justices of the Bench;" or in the Exchequer, " in the court of 
 our lady the Queen, before the barons of her Exchequer at 
 Westminster,"] 
 
 between C. D., plaintiff, and E. F., defendant, in an action of debt, on 
 the behalf of the said C. D., against the said E. F. 
 
 MALICIOUS INJURIES. 
 
 Oke's Synop. 219. To Manufactures, Machinery, Sfc. (7 & 8 Geo. 4, c. 30, s. 3.)] 
 
 2nd ed. p. 354. did feloniously, unlawfully and maliciously cut and destroy 
 
 Offence 150. [ or damage by then and there , with intent then and there 
 
 feloniously to destroy the same, or to render the same useless,] 
 twenty-five yards of woollen cloth [or a certain warp of silk], of the 
 
 value of , of the goods and chattels of one [or the said] C. D., in a 
 
 certain loom [or as the case may be] then and there being, 
 
 220. [or a certain loom prepared for and employed in the carding 
 [or as the case may be] of a certain warp of silk, the property of 
 [the said] C. D., then and there being], 
 contrary, &c. 
 
 221. Entering any House, fyc. with intent to commit Offence. (Id.)] 
 did feloniously and by force enter a certain house and building of one 
 [or the said] C. D. there situate, with intent then and there certain 
 woollen goods of the said C. D., in a certain loom then and there being, 
 feloniously, unlawfully and maliciously to cut and destroy [or as the case 
 may be], contrary, &c.
 
 CHAP, ii.] MALICIOUS INJURIES. 321 
 
 222. To Threshing or any other Machine, &x. (Id. s. 4.)] did felo- Oke's Synop 
 niously, unlawfully and maliciously cut [or break, or destroy] 2nd ed. p. 354. 
 
 [or damage with intent to destroy, or to render useless] Offence 151. 
 
 a certain threshing machine, 
 
 [or a certain machine or engine, called a , then and there pre- 
 pared for and employed in the manufacture of , (the same 
 
 not being prepared for or employed in the manufacture of silk, 
 woollen, linen or cotton goods, or goods of any one or more of 
 those materials, mixed with each other, or mixed with any other 
 materials, or any framework, knitted piece, stocking, hose or lace)] 
 
 of the value of pounds, the property of one [or the said] C. D., 
 
 then and there being found, contrary, &c. 
 
 223. To Dwelling-house (Person being therein) by Gunpowder or other Id. Offence 152. 
 explosive Substances. (9 & 10 Viet. c. 25, s. l.)j did feloniously, un- 
 lawfully and maliciously, by the explosion of four ounces of gunpowder 
 
 [or a certain explosive substance, to wit, ], destroy [or throw down 
 
 or damage] a certain [or part of a certain] dwelling-house in the occupa- 
 tion of one [or the said] C. D., there situate, the said C. D. [or one 
 E. F.], being at the time of the committing of the said felony in the said 
 dwelling-house, contrary, &c. 
 
 224. To Trees,&-c. growing in Parks, $c. Injury exceeding 1. (7 & 8 Id. Offence 153. 
 Geo. 4, c. 30, s. 19.)] did feloniously, unlawfully and maliciously cut 
 
 [or break, bark, root up, or damage, or destroy,] ten oak trees [or sap- 
 lings, or shrubs, or underwood], the property of one [or the said] C. D., 
 then and there growing in a certain * park [or pleasure ground, garden, 
 avenue, or certain ground adjoining or belonging to the dwelling-house 
 of the said C. D ] there situate, and thereby doing injury to the said 
 C. D. to an amount exceeding the sum of one pound, to wit, the amount 
 of two pounds, contrary, &c. 
 
 225. The like, growing elsewhere, Injury exceeding 5. (Id.)] Proceed Id. Offence 154. 
 to the asterisk * in Form No. 224, supra, then: close of the said C. D. 
 
 there situate, and thereby doing injury to the said C. D. to an amount 
 exceeding the sum of five pounds, to wit, the amount of six pounds, 
 contrary, &c. 
 
 226. The like, to amount of One Shilling, Third Offence. (Id. s. 20.)] Id. Offence 155. 
 This will be the same as the Form No. 1, tit. " Malicious Injuries," ante, 
 
 p. 147, adding, "he the said A. B. having previously been twice convicted 
 of the like offence." 
 
 227. To Plants, Fruits, SfC. in Gardens, <$< Second Offence. (Id. s. j ( j < Offence 156. 
 21.)] This will be the same as the Form No. 2, tit. " Malicious In- 
 juries," ante, p. 147, adding, " he the said A. B. having previously been 
 
 convicted of the like offence." 
 
 228. To Hop Binds growing on Poles in Plantation of Hops. (Id. Id. Offence 157. 
 s. 18.)] did feloniously, unlawfully and maliciously cut [or destroy, by 
 
 then and there ] one thousand hop binds, the property of one [or 
 
 the said] C. D., then and there growing on poles in a certain plantation 
 of hops of the said C. D. there situate, contrary, &c. 
 
 229. To Mines, by Flooding. (Id. a. 6.)] did feloniously, unlawfully u. p. 355. 
 and maliciously cause a quantity of water to be conveyed into a certain Offence 158. 
 mine of one [or the said] C. D. there situate, with intent thereby then
 
 322 Indictable Offences. [PART n. 
 
 Oke's Synop. and there to destroy [or damage, or hinder, or delay the working of] the 
 2nd ed. p. 356. said mine, contrary, &c. 
 
 230. To Airway, <rc. (Id.)] did feloniously, unlawfully and mali- 
 ciously pull down [or fill up, or obstruct] a certain airway [or waterway, 
 drain, pit, level, or shaft] of and belonging to a certain mine of one 
 [4-c., conclude as 229.] 
 
 231. To Engines, $c., of Mines. (Id. s. 7.)] did feloniously, unlaw- 
 fully and maliciously pull down [or destroy, or damage by , with 
 
 intent then and there to destroy the same, or to render the same useless] 
 a certain* steam engine, the property of one [or the said] C. D., for the 
 sinking, draining and working of a certain mine of the said C. D. there 
 situate, contrary, &c. 
 
 232. To Staith, Building, $c., of Mines. (Id.)] Proceed to the aste- 
 risk in Form 231 , supra, then : staith [or building, or erection, to wit, a 
 
 ,] the property of one [or the said] C. D., used in conducting the 
 
 business of a certain mine of the said C. D. there situate, contrary, &c. 
 
 233. To Bridge, Waggon Way, S,c., of Mines. (Id.)] Proceed to the 
 asterisk* in Form No. 231, supra, then: bridge [or waggon way, or 
 trunk], the property of one [or the said] C. D., for conveying minerals 
 from a certain mine of the said C. D. there situate, contrary, &c. 
 
 Id. Offence 159. 234. To Banks of Rivers and Canals. (Id. s. 12.)] did feloniously, 
 unlawfully and maliciously break [or cut] down a certain part of the 
 
 bank of a certain river [or canal, or marsh], called , there situate, by 
 
 means whereof certain lands were then and there [in danger of being] 
 overflowed and damaged, contrary, &c. 
 
 235. To Locks, fyc., of Canals. (Id.)] did feloniously, unlawfully 
 and maliciously throw down [or level, or destroy, by then and there 
 
 ] a certain lock [or sluice, or floodgate] on a certain canal [or 
 
 navigable river], called , there situate and being, contrary, &c. 
 
 Id. Offence 160. 236. To Piles for securing Sea Banks. (Id.)] did feloniously, unlaw- 
 fully and maliciously cut off [or draw up, or remove] a certain pile [or 
 chalk] then and there fixed in the ground, and used for securing the 
 
 bank of a certain river [or canal or marsh], called the , there situate, 
 
 with intent thereby then and there to obstruct [or prevent] the carrying on, 
 [completing or maintaining] the navigation of the said river, contrary, &c. 
 
 237. To Floodgates. (Id.)] did feloniously, unlawfully and mali- 
 ciously open [or draw up] a certain floodgate there situate, of and 
 
 belonging to a certain navigable river [or canal], called , with intent 
 
 thereby then and there to obstruct [or prevent] the carrying on [com- 
 pleting or maintaining] the navigation of the said river [or canal], [and 
 that the said A. B. did thereby obstruct the carrying on, completing and 
 maintaining the navigation of the said river], contrary, &c. 
 
 Id. Offence 161. 238. To Mill Ponds. (Id. s. 15.)] did feloniously, unlawfully and 
 
 maliciously break down [or destroy, by then and there ] the dam of 
 
 a certain mill pond of one [or the said] C. D. there situate, contrary, &c. 
 
 239. To Fish Ponds. (Id.)] did unlawfully and maliciously break
 
 CHAP, ii.] MALICIOUS INJURIES. 323 
 
 down [or destroy, by then and there - 1 the dam of a certain fish pond Oke's Synop. 
 of one [or the said] C. D. 2 nd ed. p. 356. 
 
 [or of a certain stream of water, then and there being the private 
 
 property of one [or the said], or in which one [or the said] 
 
 C. D. then had a private right of fishery], 
 
 there situate, with intent thereby then and there to take [or destroy] the 
 fish in the said pond [or stream], 
 
 [or and did thereby then and there cause the loss and destruction of 
 
 divers of the fish in the said pond], 
 contrary, &c. 
 
 240. Putting Lime in Fish Ponds. (Id.)] did unlawfully and mali- 
 ciously put a large quantity of lime, to wit, one bushel, into a certain fish 
 pond, of one [or the said] C. D. there situate 
 
 [or a certain stream of water, &c. as in No. 239], 
 with intent thereby to destroy the fish in the said pond, contrary, &c. 
 
 241. To public Bridges. (Id. s. 13.)] did feloniously, unlawfully and Id. Offence 162. 
 maliciously pull down [or destroy, by then and there - ] a certain 
 
 public bridge, called - , there situate, 
 
 242. [or do a certain injury, to wit, - , to a certain public bridge, 
 
 called - , there situate, with intent then and thereby to 
 render the said bridge dangerous and impassable, and the said 
 A. B. did thereby then and there render the same dangerous 
 and impassable], 
 contrary, &c. 
 
 243. To Turnpike-gates. (Id. s. 14.)] did unlawfully and maliciously Id. Offence 163. 
 throw down [or level or destroy, by then and there - ] a certain * 
 turnpike-gate there situate, belonging to the - turnpike trust, con- 
 
 trary, &c. 
 
 244. To Wall, Chain, #c., of Turnpike-gate. (Id.)] Proceed to the 
 asterisk* in Form No. 243, supra, then : wall [or chain, rail, post, bar or 
 fence] belonging to a certain turnpike-gate there situate and set up and 
 erected, to prevent passengers passing by without paying the toll at the 
 said gate, contrary, &c. 
 
 245. To House, Weighing Machine, Sfc. (Id.)] Proceed to the aste- 
 risk* in Form 243, supra, then : house [or building or weighing machine] 
 there situate, erected for the better collection, ascertainment and security 
 of the toll payable at a certain turnpike-gate there situate, contrary, &c. 
 
 246. To Ships, whether unfinished or not, with intent to destroy same. Id. Offence 164. 
 (Id. s. 10.)] did feloniously, unlawfully and maliciously damage, by 
 
 then and there - , a certain ship and vessel, called the - , the 
 property of one [or the said] C. D., upon the high seas then being, with 
 intent thereby then and there to destroy the said ship [or to render the 
 said ship useless], contrary, &c. 
 
 247. Exhibitingfalse Signals to bring Ships into Danger, SfC. (7 Will. 4, id. Offence 165. 
 & 1 Viet. c. 89, s. 5.)] did feloniously and unlawfully, whilst a certain 
 
 ship was sailing on the high seas, near unto the said parish of - , 
 exhibit a false light, with intent thereby then and there to bring the said 
 ship into danger, contrary, &c. 
 
 248. Doing any thing else to destroy Ship. (Id.)] feloniously and 
 
 Y 2
 
 324 Indictable Offences. [PART n. 
 
 Oke's Synop. unlawfully, whilst a certain ship was sailing on the high seas, near unto 
 
 2nd ed. p. 356. the said parish of , and whilst the said ship was in distress, did [here 
 
 state, what was done by the offender^, the said act so done by the said 
 A. B. as aforesaid then and there tending to the immediate loss and 
 destruction of the said ship, contrary, &c. 
 
 Id. Offence 166. 249. Destroying Part of a Ship in Distress, or any Goods belonging 
 thereto. (Id. s. 8.)] did feloniously, unlawfully, and maliciously de- 
 stroy the hull of a certain ship, 
 
 [or certain goods, merchandize, and articles belonging to a certain 
 
 ship,] 
 
 the property of one [or the said] C. D. [or some person unknown], then 
 and there in distress [or wrecked, stranded, or cast on shore], contrary, 
 &c. 
 
 Id. Offence 167. 250. Throwing Gunpowder or other explosive Substance into or near 
 any Vessel, Sfc. with intent to Destroy same. (9 & 10 Viet. c. 25, 
 s. 6.)] did feloniously, unlawfully, and maliciously place [or throw in, 
 into, upon, against, or near] a certain vessel called the , the pro- 
 perty of one C. D. there being, four ounces of gunpowder [or a certain 
 
 explosive substance, called ,] with intent thereby then and there to 
 
 destroy the said vessel, 
 
 [or certain machinery, goods, or chattels, to wit, , then being in 
 
 the said vessel,] 
 contrary, &c. 
 
 %* If a Building, vide Form No. 3 la, tit. " Arson" ante, p. 290. 
 
 Id. Offence 168. 251. To Boats, Buoys, 4r. (9 & 10 Viet. c. 99, s. 28.)] did feloni- 
 ously and wilfully cut away [or cast adrift, remove, alter, deface, sink, or 
 destroy,] 
 
 [or do a certain act with intent to cut away, &c. to wit, then and 
 
 there ,] 
 
 [or injure or conceal, by then and there ,] 
 
 a certain boat [or buoy, or as the case may be,~\ then and there being upon 
 the high seas, contrary, &c. 
 
 Id. Offence 169. 252. To Scientific and Literary Collections in Museums, $-c. (8 & 9 
 Viet. c. 44, s. 1.)] did unlawfully and maliciously destroy [or damage] 
 a certain , called , then and there being and kept for the pur- 
 poses of art [or science, or literature, or as an object of curiosity,] in a 
 
 certain museum [or gallery, cabinet, library, or repository,] called , 
 
 there situate, which said museum [or as the case may oe,] is at all times, or 
 at certain times, to wit, , open for the admission of the public to view 
 the same by the permission of one C. D. the proprietor thereof, [or by 
 the payment of money before entering the same,] contrary, &c. 
 
 253. To Pictures, 4't*. in a, Church, Sfc. (Id.)] did unlawfully and 
 maliciously destroy [or damage] a certain picture [or statue, monument, 
 or painted glass] in a certain church [or chapel, or place of religious 
 worship], to wit, , there situate, called , contrary, &c. 
 
 254. To Statue in a public Place. (Id.)] did unlawfully and mali- 
 ciously destroy [or damage] a certain statue [or monument], to wit, the 
 
 statue of , then and there being exposed to public view in a certain 
 
 square there situate, called Trafalgar Square, contrary, &c.
 
 CHAP, ii.] MANSLAUGHTER MURDER. 325 
 
 MANSLAUGHTER. . 
 
 255. (1 Arch. J. P. 706; 9 Geo. 4, c. 31, s. 9.)] did feloniously kill Offence 170. 
 and slay one C. D., by stabbing the said C. D. with a knife in and upon 
 the left side of the belly, and on other parts of the body, and thereby 
 giving him divers mortal wounds, of which the said C. D. afterwards, to 
 wit, on the - day of - , died, contrary, &c. 
 
 *,* The several other means used may be described as in the Forms 
 under tit. " Murder," infra. 
 
 MURDER. 
 (1 Arch. J. P. 4th ed. 706 ; 9 Geo. 4, c. 31, s. 3.) 
 
 General beginning] did feloniously, wilfully, and of his malice afore- Id. Offence 171. 
 thought, kill and murder one C. D. 
 
 256. By Stabbing.] by stabbing the said C. D. with a knife in 
 and upon the left side of the belly, and on other parts of the 
 body of him the said C. D., thereby giving him divers mortal 
 
 wounds, of which the said C. D. afterwards, to wit, on the 
 
 day of , died, contrary to the form of the statute in such 
 
 case made and provided. 
 
 257. By Shooting."] by shooting and discharging a certain pistol 
 loaded with gunpowder and a leaden bullet, at and against the 
 said C. D., thereby giving to the said C. D.,in and upon the 
 left breast of him the said C. D., one mortal wound, of which 
 [4-c. as in No. 256.] 
 
 258. By throwing a Stone.] by casting and throwing a certain, 
 stone at and against the said C. D., and striking the said C. D. 
 with the said stone in and upon the right side of the head, 
 thereby giving to the said C. D. one mortal wound, of which 
 [4-c. as in No. 256.] 
 
 259. By Beating.] by casting and throwing the said C. D. to and 
 against the ground, and then and there with both the hands 
 and feet of him the said A. B. striking, beating, and kicking 
 the said C. D. upon the head, stomach, and sides of him the 
 said C. D., thereby giving to him the said C. D. several mortal 
 bruises, of which [#c. as in No. 256.] 
 
 260. By Riding over the Deceased.] by casting and throwing him 
 upon the ground with a certain horse, upon which the said 
 A. B. then was riding, by means whereof the said horse with his 
 hinder feet did strike and kick the said C. D. in and upon the 
 hinder part of the head, thereby giving to the said C. D. one 
 mortal fracture and contusion, of which, [#c. as in No. 256, 
 supra.] 
 
 261. By Strangling.] by choaking, suffocating, and strangling 
 him, of which, &c. [as in No. 256, supra.] 
 
 262. By Drowning.] by casting, throwing, and pushing the said 
 C. D. into a certain pond of water, by means of which the said
 
 326 Indictable Offences. [PART n. 
 
 Oke's Synop. C. D. was drowned, of which said drowning [as in No. 256, 
 
 2nd ed. p. 356. supra.'] 
 
 263. By Poisoning.] by mixing a large quantity of a certain deadly 
 
 poison, called , with a certain quantity of coffee, which 
 
 the said C. D. was then about to drink, and which the said 
 C. D. then and there did drink, by means whereof he the said 
 C. D. then and there became sick, and of the said poison so 
 drunk by him the said C. D., and of the sickness occasioned 
 thereby, then and there died, contrary, &c. 
 
 NUISANCES. 
 
 Id. Offence 172. 264. For carrying on the Trade of a Trunk-maker.'] did unlawfully 
 
 (5 Burn's Jus. and injuriously set up, exercise and carry on the trade and business of a 
 
 29th ed. pp. trunk-maker in a certain workshop there situate near the dwelling houses 
 
 241 245.) of divers subjects of our lady the now Queen, and also divers public 
 
 highways there, and did then and there unlawfully and injuriously make, 
 
 and cause and procure to be made, divers loud and annoying sounds and 
 
 noises by then and there hammering and striking divers trunks and boxes 
 
 with divers large hammers and other instruments, by reason whereof the 
 
 said subjects residing in the said dwelling-houses and passing on the said 
 
 highways were greatly annoyed, disturbed and incommoded. 
 
 265. For erecting a Furnace with a Boiler, and using it for the boiling of 
 Tripe and Offal of Beasts.] did unlawfully and injuriously erect and set 
 up, and cause to be erected and set up near the dwelling-houses of divers 
 persons, and also near divers public highways there, a certain furnace 
 with a boiler, to be used for the boiling of tripe and other entrails and 
 offal of beasts, and then and on divers other days did unlawfully and 
 injuriously boil divers large quantities of tripe and other entrails and offal 
 of beasts in the said boiler, whereby divers noisome and unwholesome 
 smokes and smells did then from thence there arise, so that the air there 
 was greatly corrupted and infected. 
 
 266. For using a Shop in a Market as a Slaughter-house for killing 
 Sheep, 4~c.] did unlawfully and injuriously kill and slay, and cause to 
 be killed and slain, divers, to wit, six sheep and two calves, in a certain 
 shop of him the said A. B. there situate in a common market-place called 
 the Shambles, and the excrement, blood, entrails and other filth coming 
 from the said sheep and calves, did then and on divers other days there 
 cause and permit to lie and remain in the said shop for a long time, to 
 wit, for the space of six hours on each of those days, whereby divers 
 filthy aud unwholesome smells and stenches therefrom did arise, and the 
 air there was thereby greatly corrupted and infected. 
 
 267. For keeping a furious Dog unmuzzled near a Highway] unlaw- 
 fully did keep, and still doth keep, a certain large dog of a fierce and 
 furious nature near unto the common highway there, and the said dog 
 then and there unlawfully did permit and suffer, and still doth permit 
 and suffer to go unmuzzled and at large, he the said A. B. well knowing 
 the said dog to be of a very fierce and savage nature and disposition, and 
 prone to bite, worry and injure all persons passing and repassing on the 
 said highway.
 
 CHAP, ii.] NUISANCES OATHS (UNLAWFUL). 327 
 
 268. The like. (From 2 Burn's Jus. 29th ed. p 332.)] did then and 
 there unlawfully keep, and still doth keep, a certain large dog of a fierce 
 and furious nature, and doth permit and suffer the same to go unmuzzled 
 and at large near the Queen's highway there. 
 
 269. For knowingly keeping an unruly Bull in a Field through which 
 there was a public Footway.'] did unlawfully keep at large, and still doth 
 keep at large, a certain bull of a fierce, furious and unruly nature, in a 
 
 certain open field called , there situate, and in the occupation of the 
 
 said A.B., through and along which said field there was and still is a 
 
 common public footway leading from to ; and that the said 
 
 bull at the time aforesaid furiously ran at, to and against one C. D. [or 
 the said C. D.] then passing in and along the said footway, and then and 
 there furiously pushed at, cast down and prostrated the said C. D., and 
 greatly hurt him ; and that divers other persons having occasion to pass 
 and repass in and along the said footway could not nor can they now 
 pass or repass in and along the same without great hazard and danger of 
 being torn, gored and wounded by the said bull (he the said A. B. well 
 knowing the said bull to be of such fierce, furious and unruly nature.) 
 
 270. For exposing a Child infected with the Small Pox in public Streets.] 
 did unlawfully and injuriously take and carry one E. R., an infant of 
 tender age, to wit, of the age of four years, then infected, ill and sick of 
 and with a certain contagious, infectious and dangerous disease and 
 sickness, called the small pox, into and along a certain open public street 
 and passage called Market Street, there situate, to the great and manifest 
 danger of infection with the said disease and sickness. 
 
 OATHS (UNLAWFUL). 
 
 271. Administering, or causing to be administered, any Oath to com- Oke's Synop. 
 mit Felony, %c. (52 Geo. 3, c. 104, s. 1.)] did unlawfully and felo- 2nd ed. p. 356. 
 niously administer [or cause to be administered; or aid or assist at the Offence 173. 
 administering of] a certain oath and engagement unto one C. D., pur- 
 porting and then and there intended to bind the said C. D. to commit 
 
 treason by traitorously compassing and imagining the death of our sove- 
 reign lady the Queen, 
 
 [or to commit murder, that is to say, feloniously and of his malice 
 
 aforethought to kill and murder one G. H.] 
 [or to commit a certain felony punishable by law with death, that is 
 
 to say, feloniously to ,] 
 
 and which said oath and engagement was then and there taken by the 
 said C. D., contrary, &c. 
 
 272. Taking same, without being compelled. (Id.)] did unlawfully Id. Offence 174. 
 and feloniously take a certain oath and engagement purporting \tfC. as in 
 
 No. 271 to the asterisk *, then:] he the said A. B. not being then and 
 there compelled so to do, contrary, &c. 
 
 273. Administering, or causing to be administered, or present thereat, Id. Offence 175. 
 any Oath to disturb the public Peace, or to engage in seditious Purposes, 
 
 t{C. (37 Geo. 3, c. 123, s. 1.)] did unlawfully and feloniously adminis- 
 ter [or cause to be administered, or aid, or assist, or was present at, or 
 consent to the administering, or taking of] a certain oath and engage- 
 ment unto one C. D., purporting and then and there intended to bind
 
 328 Indictable Offences. [PART n. 
 
 Oke's Synop. the said C. D. to engage in a certain mutinous [or seditious] purpose, to 
 
 2nd. ed. p. 356. wit, ], 
 
 [or to disturb the public peace, by ], 
 
 [or to be of a certain association, called , formed for a mutinous 
 
 or seditious purpose, to wit, ], 
 
 [or to obey the orders and commands of a certain illegally consti- 
 tuted body of men, called ], 
 
 [or not to inform or give evidence against any associate, confederate 
 or other person of and belonging to a certain unlawful associa- 
 tion and confederacy], 
 
 [or not to reveal or disclose a certain unlawful combination and con- 
 federacy, called J, 
 
 [or not to reveal a certain illegal act done by one G. H., to wit, 
 
 , or a certain illegal act, to wit, , intended to be done 
 
 by one G. H.], 
 [or not to reveal or disclose a certain illegal oath and engagement, 
 
 to wit, , taken by the said A. B. [or by one G. H.,] * 
 
 and which said oath and engagement was then and there taken by the 
 said A. B., contrary, &c. 
 
 274. Taking same without being compelled. (Id.)] did unlawfully 
 and feloniously take a certain oath and engagement purporting [fyc. as in 
 No. 273 to the asterisk *, then :], he the said A. B. not being then and 
 there compelled so to do, contrary, &c. 
 
 PERJURY. 
 
 Id. p. 358. 275. At Common Law. (Adapted from 5 Burn's Jus. 29th ed. p. 521.)] 
 
 Offence 177. did falsely, wickedly, wilfully and corruptly commit wilful and corrupt 
 perjury in an affidavit to hold to bail then and there made by him the 
 said A. B. 
 
 [or in the testimony which he gave upon oath, as a witness at the 
 
 trial of a certain cause between C. D. and E. F. at the assizes 
 
 for the county of York then and there holden], 
 
 [or in the testimony he gave upon oath in his examination before 
 
 J. P. Esquire, one of her Majesty's justices of the peace for the 
 
 county of , upon the hearing of a certain information [or 
 
 complaint] then and there preferred by one C. D. [or the said 
 A. B.] against E. F.], 
 
 [or in his evidence as a witness on the hearing of a certain informa- 
 tion at a petty sessions of her Majesty's justices of the peace 
 
 acting in and for the division of N. in the said county of , 
 
 wherein one C. D. was the informant and one E. F. the de- 
 fendant]. 
 
 Id. Offence 178. 276. Subornation of Perjury.'] did unlawfully, corruptly, wickedly 
 and maliciously suborn and procure one C. D. to commit wilful and cor- 
 rupt perjury on the day of instant, at , in the testimony 
 
 [4'f. as in either of the cases in Form No. 275, supra], 
 
 %* If the offence be on a statute, add the words " contrary, &c." 
 
 Id. Offence 179. 277. Before Judge of a County Court. (9 & 10 Vic. c. 95. s. 84.)] 
 did wilfully and corruptly give false evidence in his examination upon 
 oath [or affirmation], before one J. C. Esquire, the judge of the County 
 Court of C., at N.,on the hearing of a certain cause between C.D. [or the 
 said A. B.] and E. F., then and there holden, contrary, &c.
 
 CHAP, ii.] PERSONATION-PIRACY. 329 
 
 PERSONATION. 
 
 278. Of Seamen, fyc. or their Representatives, for their Pay, Pension, Oke's Synop. 
 4-c. (11 Geo. 4 & 1 Will. 4, c. 20, ss. 84, 88.)] did wilfully, know- 2nd ed. p. 358. 
 ingly [or falsely] and feloniously personate and assume to be one C. D., a Offence 180. 
 seaman [or mariner, or person], then entitled [or supposed to be entitled] 
 
 to certain wages [or pay, pension, prize-money, or allowance], to wit, the 
 
 sum of , for services in her Majesty's navy, in order then and there to 
 
 receive the said wages [or as the case may be], contrary, &c. 
 
 279. Of Soldiers, for their Prize Money, $c. (2 Will. 4, c. 53, s. 49, M. Offence 181 
 and 7 Geo. 4, c. 16, s. 36.)] This may be readily framed from No. 278, 
 
 supra. 
 
 280. Bail, Sfc. (11 Geo. 4 & 1 Will. 4, c. 66, s. 11.)] did felo- Id. Offence 182. 
 niously acknowledge before the Right Honourable Sir Frederick Pollock, 
 
 Knight, one of the barons of her Majesty's Court of Exchequer at West- 
 minster (the said Sir F. P., knight, then and there having lawful authority, 
 to take any recognizance of bail in any suit then depending in the said 
 court), a certain recognizance of bail, in the name of C. D., in a certain 
 cause then depending in the said court, wherein E. F. was plaintiff and 
 F. G. defendant, he the said C. D. not being then and there privy or con- 
 senting to the said A. B. so acknowledging such recognizance in his 
 name as aforesaid, contrary, &c. 
 
 281. Owners of Stock. (Id. s. 7.)] did feloniously, falsely and 
 deceitfully personate one C. D., the said C. D. then and there being the 
 owner of a certain [dividend in respect of a certain] share and interest in 
 certain stock and annuities which were then transferable at the Bank of 
 England, to wit, one-third share of and in the sum of two hundred and 
 eighty-one pounds five shillings, three pounds per centum Consolidated 
 Bank Annuities [or as the case may be], and he the said A. B. did thereby 
 then and there [endeavour to] transfer the said share and interest of the 
 said C. D. therein, 
 
 [or did receive the sum of , being a dividend on the said share 
 
 and interest of the said C.D. therein], 
 
 as if he the said A. B. was then and there the true and lawful owner 
 thereof, contrary, &c. 
 
 PIRACY. 
 
 282. Common Law. (4 Bl. Comm. 72.)] did piratically and felo- Id. Offence 183. 
 niously assault one [or the said] C. D. and E. F. then being on board a 
 
 certain ship called the , upon the high seas near the [coast of Africa], 
 
 and thereby then and there put the said C. D. and E. F. in bodily fear 
 and danger of their lives, and the said ship and the apparel and tackle 
 
 thereof, of the value of , and ten bales of silk of the value of , in 
 
 and on board of the said ship then being, of the goods and chattels of cer- 
 tain subjects of our lady the Queen [unknown], and then and there being 
 in the custody of the said C. D. and E. F. on the high seas aforesaid, did 
 piratically, feloniously and violently steal, take and carry away,* con- 
 trary, &c. 
 
 283. The like, with Violence. (7 Will. 4 & 1 Viet. c. 88, s. 2.)] 
 Proceed to the. asterisk * in Form No. 282, supra, then : and that the 
 said A . B. at the time of [or immediately before or after the] committing
 
 330 
 
 Indictable Offences. 
 
 [PART n. 
 
 Oke's Synop. o f such piracy as aforesaid, did feloniously make an assault in and upon 
 2nd ed. p. 358. the said C. D. [or one E. FA then and there being on board the said 
 ship, with intent him the said C. D. [or E. F.] then and there feloniously, 
 wilfully, and of his malice aforethought, to kill and murder, 
 
 [or did feloniously cut [or wound, or as the case may be] the said 
 C. D. [or one E. F.], then and there being on board the said 
 ship], 
 contrary, &c. 
 
 POLYGAMY. 
 
 284. (From 5 Burn's Jus. 29th ed. p. 613.)] did marry one G. H., 
 spinster, and her the said G. H. then and there had for his wife, and that 
 
 the said A. B. afterwards, to wit, on the day of , at the 
 
 parish of , feloniously did marry and take to wife one L. S., spinster, 
 
 the said G. H. his former wife being then living, contrary, &c. 
 See tit. " Bigamy, 1 ' ante, p. 294. 
 
 POST OFFICE. 
 
 Id. Offence 184. 285. Stealing or embezzling Letters. (7 Will. 4 & 1 Viet. c. 36, 
 s. 26.)] being then a person employed under the post office, did felo- 
 niously steal, take and carry away, 
 
 [or feloniously, for the purpose of , did embezzle [or secrete, or 
 
 destroy], 
 
 one post letter,* the property of the Postmaster General, contrary, &c. 
 [and that the place where the said A. B. was apprehended and 
 in custody on the said charge was in the parish of afore- 
 said]. 
 
 Id. Offence 185. 286. The like, if containing Money, Sfc. (Id.)] Proceed to the aste- 
 risk* in Form No. 285, supra, then : and then and there containing one 
 bill of exchange for the payment of fifty pounds, the property of the 
 Postmaster General, contrary, &c. 
 
 Id.0ffencel86. 287. Stealing from Letters. (Id. s. 27.)] did feloniously steal, take 
 and carry away one bill of exchange for the payment of fifty pounds, the 
 property of the Postmaster General, from and out of a certain post letter 
 then and there being found, contrary, &c. 
 
 [d. Offence 187. 288. Stealing a Post Letter Bag, Letters from it or a Mail. (Id. 
 s. 28.)] did feloniously steal, take and carry away one post letter bag, 
 the property of the Postmaster General, 
 
 [or one post letter, the property of the Postmaster General, from a 
 post letter bag, or from a certain post office there situate, or from 
 one E. F. (an officer of the post office), or from a certain mail 
 then and there being], 
 contrary, &c. 
 
 289. Stopping a Mail. (Id.)] did feloniously stop a certain mail for 
 the conveyance of letters, called the Falmouth Mail, then and there being, 
 with intent the same then and there feloniously to rob [or search], con- 
 trary, &c. 
 
 Id. Offence 188. 290. Stealing a Post Letter from a Post Office Packet. (Id. s. 29.)] 
 did feloniously steal, take and carry away [or unlawfully take away] a
 
 CHAP. H.] POST OFFICE POUND-BREACH. 331 
 
 post letter, the property of the Postmaster General [from and out of a Oke's Synop. 
 post letter bag, if so], then and there sent by a post office packet, called 2nd ed. p. 358. 
 the Shannon, then and there being, contrary, &c. 
 
 291. Receiving Letters, #c. so stolen, $c, (Id. s. 30.)] did felo- Id. Offence 189. 
 niously receive from one E. F., being then a person employed by and 
 
 under the post office [i/*so], a certain post letter [or post letter bag, or a 
 certain bill of exchange, or as the case may be, the property of the Post- 
 master General, theretofore being in a certain letter] which had been 
 theretofore feloniously stolen [or taken away, or embezzled, or secreted] 
 by the said E. F., and sent [or intended to be sent] by the post, he the 
 said A. B. then and there well knowing the same to have been so felo- 
 niously stolen [or as the case may be], contrary, &c. 
 
 292. Opening Letters. (Id. s. 25.)] being then a person employed Id. Offence 190. 
 by and under the post office, did then and there unlawfully,* and contrary 
 
 to his duty, open [or procure, or suffer to be opened] a certain post letter 
 directed to one G. H., the property of the Postmaster General, con- 
 trary, &c. 
 
 293. Delaying Letters. (Id.)] Proceed to the asterisk* in Form 
 No. 292, supra, then : and wilfully detain [or delay, or procure, or suffer 
 to be detained or delayed] a post letter directed to one G. H., the pro- 
 perty of the Postmaster General, contrary, &c. 
 
 294. Retaining or Secreting, or (being required) refusing to deliver up Id. Offence 191. 
 Letters, fyc. lost or misdelivered. (Id. s. 31.)] did unlawfully and 
 fraudulently retain [or unlawfully and wilfully secrete, or keep, or detain] , 
 
 [or did unlawfully, after being required by one E. F., an officer of 
 
 the post office, neglect, or refuse to deliver up], 
 
 a certain post letter [or post letter bag], the property of the Postmaster 
 General, which ought to have been delivered to a certain other person, to 
 wit, one G. H. [and which had been theretofore lost or misdelivered, and 
 found by the said A. B.], contrary. &c. 
 
 POUND-BREACH. 
 
 295. Vide Forms No. 132, 133, ante, pp.307, 308. (See 2 Burn's Jus. 29 
 
 ed. p. 312, 320.)] that as constable of the said parish of [or as bailiff 
 
 to E. F. of &c.], he, the said C. D. received a warrant under the hand 
 and seal of J. S. Esquire, one of her Majesty's justices of the peace in and 
 for the said county of [or under the hand of the said E. F., the land- 
 lord of the premises hereinafter mentioned], bearing date the day 
 
 of instant, by which he the said C. D., as such constable, was com- 
 manded to make distress of the goods and chattels of A.B., of the parish 
 
 of aforesaid, for the sura of , in which he the said A. B. was 
 
 theretofore by a certain order [or conviction] adjudged to pay [or, owing 
 to the said E. F. for arrears of rent for a messuage and premises there 
 situate, occupied by the said A. B. as tenant to the said E. F.], and to 
 sell the said goods and chattels for such sum ; that under the said war- 
 rant he the said C. D., on the day of instant, took a distress 
 
 on a quantity of [potatoes] belonging to the said A. B. in a [or the said] 
 messuage there situate, [or removed the said [potatoes] to a certain room 
 
 there situate, called ], and put a lock on the door thereof; but that 
 
 afterwards, to wit, on the day of instant, the said lock so placed 
 
 on the said distress as aforesaid, was unlawfully and wilfully broken by
 
 332 Indictable Offences. [PART n. 
 
 G. H. [or the said A. B.], and the said [potatoes] so taken as a distress 
 were rescued by the said G. H. [or A. B.] in breach of the peace, and to 
 the delaying of justice. 
 
 QUEEN. 
 
 296. Discharging or aiming, fyc. Firearms, Sfc. at the Queen. (5 & 6 
 Viet. c. 51, s. 2.)] did unlawfully and wilfully discharge [or attempt to 
 
 discharge by then and there ], 
 
 [or point, aim or present at, or near to], 
 
 the person of our Lady the Queen a certain gun [or pistol, or certain fire- 
 arms, to wit, ], 
 
 [or discharge, or cause to be discharged, or attempt to discharge, or 
 cause to be discharged by then and there ] a certain explo- 
 sive substance, or material, to wit, , near to the person of 
 
 our Lady the Queen], 
 
 which he, the said A. B., then and there had and held in his right hand ; 
 
 [or strike, or strike at, or attempt to strike, or strike at the person of 
 
 our Lady the Queen with a certain offensive weapon, to wit, 
 
 , or with his right hand, or as the case may be], 
 
 [or throw, or attempt to throw at, or upon, the person of our Lady 
 the Queen a certain substance, to wit, a certain stone, or as the 
 case may be'], 
 
 with intent thereby then and there to injure the person of our said Lady 
 the Queen, 
 
 [or to break the public peace, [and whereby the public peace was 
 
 then and there endangered], 
 [or to alarm our said Lady the Queen], 
 contrary, &c. 
 
 297. Producing Gun, SfC. near to the Queen. (Id.)] did unlawfully 
 and wilfully produce [or have in his right hand] near to the person of our 
 Lady the Queen then and there being, a certain gun [or pistol, or fire- 
 arms, to wit, , or certain explosive, or destructive, or dangerous mat- 
 ter, to wit, ], with intent to use the same to injure the person of our 
 
 said Lady the Queen [or to alarm our said Lady the Queen], contrary, &c. 
 
 RAILWAYS. 
 
 Oke's Synop. 298. Servants guilty of Misconduct while employed. (3 & 4 Viet. c. 97, 
 2nd ed. p. 360. s . 13, 14. and 5 & 6 Viet. c. 55, s. 17.)] This is the same as described 
 " in the Form No. 1. tit. " Railways," ante, p. 177. 
 
 Id. Offence 200. 299. Negligently doing, or omitting to do, any Act whereby Life shall 
 or might be endangered, or Trains impeded. (Id.)] Vide Forms No. 
 3 and 4, tit. " Railways," ante, p. 177. 
 
 Id. Offence 201. 300. Any Person doing anything to obstruct Engine, or to endanger 
 Safety of Passengers. (3 & 4 Viet. c. 97, s. 15.)] did unlawfully and 
 wilfully [state the act, as : place, [or caused to be placed] upon the iron 
 
 rails and road of a certain railway there situate, called the railway, 
 
 certain stones, or iron gates, or as the case may be], in such manner as 
 thereby to obstruct a certain engine and certain carriages then and there 
 using the said railway, 
 
 [or so as thereby then and there to endanger the safety of divers 
 
 persons then and there conveyed in and upon the said engine 
 
 and carriages],
 
 CHAP, ii.] RAPE-RECEIVING GOODS REWARD. 333 
 
 and that the said A . B. did thereby then and there obstruct the said engine Oke's Synop. 
 and carriages, 2 ad ed. p. 360. 
 
 [or endanger the safety of the said persons so conveyed in and upon 
 
 the same as aforesaid], 
 contrary, &c. 
 
 RAPE. 
 
 301. (9 Geo. 4, c. 31, s. 16 ; Burke's Crim. Law, p. 111.)] did vio- Id. Offence 202. 
 lently assault one [or the said] C. D., and did then and there violently and 
 against her will feloniously ravish and carnally know the said C. D., con- 
 trary, &c. 
 
 (See " Carnally knowing Children," ante, p. 296 ; " Assaults," Form 
 No. 43, ante, p. 292.) 
 
 RECEIVING GOODS. 
 
 302. Receiving, where the Stealing amounts to a Felony. (7 & 8 Id. Offence 203, 
 Geo. 4, c. 29, s. 54.)] did feloniously receive of one E. F. one watch, of 
 
 the value of , of the goods and chattels of one [or the said] C. D., 
 
 before then feloniously stolen, taken and carried away by one [or the 
 said] E. F. [or some person or persons unknown], he, the said A. B., 
 then and there well knowing the said watch to have been before then 
 feloniously stolen, taken and carried away, contrary, &c. 
 
 %* If the offence was committed in another county, add : " and 
 that the place where the said A. B. was found with the said 
 property in his possession [or received the said property] was 
 in the parish of aforesaid." 
 
 303. Receiving, where the Stealing, fyc. is an indictable Misdemeanor, Id. Offence 204. 
 under 7 & 8 Geo. 4, c. 29. (Id. s. 55.)] did unlawfully receive of one 
 
 E. F. one silver watch, of the value of , of the goods and chattels of 
 
 one [or the said] C. D., then lately before unlawfully obtained from the 
 said C. D. by one [or the said] E. F. by false pretences, he, the said 
 A. B. then and there well knowing the said watch to have been unlawfully 
 obtained from the said C. D. by false pretences, contrary, &c. 
 
 RESCUE. 
 (Vide tit. " Escape," &c. ante, p. 307; " Poundbreach," ante, p. 331.) 
 
 REWARD. 
 
 304. Corruptly taking Money on pretence of helping to stolen Pro- Id. Offence 211. 
 perty. (7 & 8 Geo. 4, c. 29, s. 58.)] did corruptly and feloniously take 
 and receive from one [or the said] C. D. certain money and reward, to 
 wit, the sum of pounds, of the monies of the said C. D., under pre- 
 tence [or upon account] then and there of helping the said C. D. to 
 
 certain goods and chattels of him the said C.D., to wit, , before then 
 
 feloniously stolen, taken and carried away, the said A. B. not having 
 caused the said person by whom the said goods and chattels were so stolen, 
 taken and carried away as aforesaid, to be apprehended and brought to 
 trial for the same, contrary, &c.
 
 334 
 
 Indictable Offences. 
 
 [PART n. 
 
 RIOT. 
 
 Oke's Synop. 305. A tumultuous Disturbance of the Peace by Three or more Persons. 
 2nd ed. p. 360. (1 Hawk, c. 65, s. 1.)] did, together with divers other persons to the 
 Offence 2 12. number often and more, unlawfully, riotously and routously assemble and 
 gather together to disturb the public peace, and did then and there un- 
 lawfully, riotously and routously make a great noise, riot and disturbance, 
 to the great terror of her Majesty's subjects then and there being and 
 residing, passing and repassing [and if so, add, and did then and there 
 unlawfully, riotously and routously assault one C. D., and him, the said 
 C. D., did then and there beat, wound and illtreat]. 
 
 306. The like, shorter.] did, together with divers other persons, to the 
 
 number of and more, unlawfully and riotously assemble to disturb 
 
 the public peace, and did then and there make a great riot and disturb- 
 ance to the terror and alarm of her Majesty's subjects there being, and 
 against the peace of our lady the Queen. 
 
 Id. p. 362. 307. Opposing the making of Proclamation. (1 Geo. 1, st. 2, c. 5, 
 
 Offence 213. s. 5.)] did wilfully, knowingly and feloniously, with force and arms, 
 
 obstruct and hinder J. S., Esquire, one of her Majesty's justices of the 
 
 peace for the said [county] of , [or one T. J. I., Esquire, the sheriff 
 
 of the said county of J, who was then and there beginning [or going] 
 
 to make proclamation to a certain unlawful, riotous and tumultuous as- 
 sembly there, to disperse themselves according to the statute for prevent- 
 ing tumults and riotous assemblies, whereby such proclamation was not 
 then made, contrary, &c. 
 
 [Vide Part III. of this Collection, tit. " Riots," for the form of 
 proclamation.] 
 
 Id. Offence 214. 308. Twelve or more remaining One Hour thereafter. (Id. s. 1.)] 
 being then and there, together with divers other evil disposed persons to 
 the number of [more than, if so] twelve, unlawfully, riotously and tumul- 
 tuously assembled together, to the disturbance of the public peace, and 
 being then and there required and commanded by J. S., Esquire, one of 
 
 her Majesty's justices of the peace for the said [county] of , [or one 
 
 T. J. I., Esquire, the sheriff of the said county of ], by proclamation 
 
 in the Queen's name, then by him made, to disperse themselves, and 
 peaceably to depart to their habitations or to their lawful business, felo- 
 niously did then and there, to the number of [more than, if so] twelve 
 (notwithstanding such proclamation made as aforesaid), riotously and 
 tumultuously remain and continue together by the space of one hour 
 after such command and request made by proclamation as aforesaid, con- 
 trary, &c. 
 
 309. The like, where Proclamation hindered and not made. (Id. s. 5.)] 
 This may be readily framed from No. 308. 
 
 Id. Offence215. 310. Riotously demolishing, or beginning to demolish, a Church, House, 
 Stable, Warehouse, 6fc. (7 & 8 Geo. 4, c. 30, s. 8.)] for that they, 
 together with divers other persons unknown to the number of [more 
 than, if so] twelve, did then and there unlawfully, riotously and tumul- 
 tuously assemble together to the disturbance of the public peace, and 
 being then and there so unlawfully, riotously and tumultuously assembled 
 together as aforesaid, did then and there feloniously, unlawfully, and with
 
 CHAP, ii.] RIOT SACRILEGE SEAMEN. 335 
 
 force [begin to, if so] demolish [or pull down, or destroy] the parish Oke's Synop. 
 
 church of , 2nd ed. p. 362. 
 
 [or a certain house, stable, &c., the property of one [or the said] 
 
 C. D.] 
 [or a certain building used in carrying on the trade [or manufacture 
 
 of , to wit, a ] 
 
 [or a certain engine, to wit, a ] 
 
 there situate, contrary, &c. 
 
 SACRILEGE. 
 
 311. Breaking and entering a Church, $c. and stealing therein. (7 & 8 Id. Offence 216. 
 Geo. 4, c. 29, s. 10.)] did feloniously break and enter the chuch [or 
 
 chapel, to wit, a chapel of ease] of the said parish there situate, and did 
 then and there feloniously and sacrilegiously steal, take and carry away 
 
 one silver cup, of the value of , of the chattels of the parishioners of 
 
 the said parish then and there being found, contrary, &c. 
 
 312. Stealing in a Church, SfC. and breaking out of same. (Id.)] did Id. Offence 312. 
 feloniously and sacrilegiously steal, take and carry away from the church [or 
 
 chapel, to wit, a chapel of ease] of the said parish there situate, one silver 
 
 cup of the value of , of the chattels of the parishioners of the said 
 
 parish, then and there being found, and that the said A. B., so being in 
 the said church [or chapel] as aforesaid, and having then and there com- 
 mitted the said felony as aforesaid, afterwards did feloniously break out 
 of the said church [or chapel], contrary, &c. 
 
 SEAMEN (MERCHANT). 
 
 313. Fraudulently using a Seaman's Register Ticket. (7 & 8 Viet, 
 c. 112, s. 21.)] did unlawfully alter [or destroy], 
 
 [or counterfeit, or transfer to one E. F. or traffick in by then and 
 there for gain], 
 
 [or attempting to counterfeit, &c. by then and there ] 
 
 a certain register ticket, numbered , issued [or purporting to be 
 
 issued] by the registrar of seamen, [or collector or comptroller of the 
 
 customs] at the port of , [as the case may be] to one C. D., being then 
 
 and there a seaman, pursuant* to the provisions of an act passed in a 
 session of parliament holden in the seventh and eighth years of the reign 
 of her present Majesty, intituled " An Act to amend and consolidate the 
 Laws relating to Merchant Seamen, and for keeping a Register of Sea- 
 men,"* contrary, &c. 
 
 314. Giving false Answer respecting a lost Register Ticket. (Id. s. 
 22.)] being then and there a seaman, and having previously lost a certain 
 
 register ticket, numbered , issued by the [as the case may be], to him 
 
 the said A. B., pursuant [fyc. as in No. 313, between the asterisks * then :] 
 and then and there appearing in person and representing his case to the 
 registrar of seamen in London [or as the case may be], did then and there 
 unlawfully give a false answer to a certain reasonable question then and 
 there put to him the said A. B. by the said registrar [or ] with refer- 
 ence to the said ticket, that is to say, [set out the question], and to which 
 the said A. B. then and there made answer [set out his answer], whereas 
 in truth and in fact the said answer of the said A. B. was and is false, 
 for that [state how], contrary, &c.
 
 336 
 
 Indictable Offences. 
 
 [PART n. 
 
 315. Master, $c. forcing a Seaman on Shore. (Id. s. 47.)] being 
 
 then master [or mate, or an officer, to wit, ] of a certain merchant 
 
 vessel, called the , belonging to one E. F., a subject of her Majesty, 
 
 did, whilst he was abroad with such vessel on the high seas,* unlawfully 
 and wrongfully force on shore and leave behind one C. D. then and there 
 belonging to the [crew of the] said vessel, before the completion of the 
 voyage for which the said C. D. was engaged [or before the return of the 
 said vessel to the united kingdom], 
 
 [or from the asterisk* say: unlawfully, wilfully and wrongfully leave 
 behind on shore [or at sea] one C. D. then and there belonging 
 
 to the [crew of the] said vessel, by then and there , before, 
 
 &c.] 
 contrary, &c. 
 
 SMUGGLING. 
 
 Oke'sSynop. 316. Making Signals to Smuggling Vessels. (8 & 9 Viet. c. 87, 
 2nd ed. p. 362. s. 60.)] did, after sunset of the same day, and before sunrise on the day 
 Offence 217. next following, to wit, at the hour of ten in the night of the same day, 
 unlawfully make [or aid or assist in making], 
 
 [or was then and there unlawfully present for the purpose of aiding 
 
 or assisting in making], 
 
 a certain light at a certain part of the sea shore [or coast] there situate, 
 [or on board of a certain boat there being on the sea near the coast 
 
 there], 
 
 for the purpose then and there of giving notice or signal to some person 
 or persons unknown, on board a certain smuggling vessel, then and there 
 being, contrary, &c. 
 
 ** If committed for trial in a different county where the offence 
 happened, insert in the commitment : " and that the place where 
 the said A. B. was next after the commission of the said offence 
 taken and carried [or found] was the parish aforesaid." 
 
 Id. Offence 218. 317. Armed Assemblies, to the number of Three or more, for Smuggling. 
 (Id. s. 63.)] together with divers other evil disposed persons to the 
 number of [more than] three, within the united kingdom [or as the case 
 may be], being then and there armed with firearms and other offensive 
 weapons, to wit, with guns, pistols, swords, and daggers, were then and 
 there * feloniously and unlawfully assembled together in order to be then 
 and there aiding and assisting in the illegal landing of certain goods then 
 prohibited by law to be landed [or as the case may be], to wit, , con- 
 trary, &c. 
 
 318. Aiding therein. (Id.)] Proceed to the asterisk* in Form 
 No. 317 supra, then: were then and there aiding and assisting, and did 
 then and there feloniously and unlawfully aid and assist in the illegal [Sfc. 
 as in No. 317.] 
 
 Id. Offence 219. 319. Five or more assembled to rescue Offenders. (24 Geo. 2, c. 40, 
 s. 28.)] together with divers other evil disposed persons to the number 
 of [more than] five, did feloniously and tumultuously then and there as- 
 semble to rescue one C. D., who was then and there duly apprehended by 
 one E. F., an officer of her Majesty's customs, for having [state the act of 
 smuggling], contrary, &c. 
 
 Id. Offence 220. 320. Shooting at Boats, 4-0. within One Hundred League*. (8 & 9
 
 CHAP, ii.] SMUGGLING- SODOMY. 337 
 
 Viet. c. 87, s. 64.)] on the high seas, and within one hundred leagues Oke's Synop. 
 
 of a certain part of the coast of the united kingdom, called , to wit, 2nd edit. p. 362 
 
 at the parish of aforesaid, did feloniously and maliciously shoot at 
 
 and upon a certain vessel [or boat] belonging to her Majesty's navy [or 
 in the service of the revenue], the said vessel [or boat] being then on the 
 high seas as aforesaid, contrary, &c. 
 
 321. Shooting at or Wounding Officers, $c. (Id.)] did feloniously 
 and maliciously shoot at [or maim, or dangerously wound] one C. D. 
 then and there being an officer of the navy [or army, or marines] with a 
 certain pistol then and there loaded with gunpowder and one leaden bul- 
 let, which the said A. B. then and there held in his right hand, and held 
 at and against the said C. D., the said C. D. being then and there em- 
 ployed in the due execution of his office and duty as such officer, con- 
 trary, &c. 
 
 322. In Company with more than Four others with Smuggled Goods. Id. Offence 22 1. 
 (Id- s. 65.)] being then and there in company with divers other persons 
 
 unknown to the number of [more than] five, then and there was found 
 feloniously with certain goods, to wit, , then and there liable to for- 
 feiture under and by virtue of the statute in that behalf, contrary, &c. 
 
 323. In Company with One other Person with Goods, and armed or 
 disguised. (Id.)] being then and there in company with divers other 
 persons unknown [or with one other person unknown] within five miles 
 of the sea coast, [or of a certain navigable river called the Fal] there, 
 
 was then and there found feloniously with certain goods, to wit, , 
 
 then and there liable to forfeiture under and by virtue of the statute in 
 that behalf, and then and there carrying certain offensive arms [or a 
 certain offensive weapon], to wit, , 
 
 [or and then and there being disguised with a ], 
 
 contrary, &c. 
 
 324. Assaulting or opposing Officers on Duty. (Id. s. 66.)] did un- Id. Offence 222. 
 lawfully by force [or violence] assault, 
 
 [or resist, oppose, molest, hinder, or obstruct], 
 
 one [or the said] C. D., then and there being an officer of the army, [or 
 navy, or marines], and duly employed for the prevention of smuggling, 
 and in the due execution of his duty as such officer, contrary, &c. 
 
 325. The like, while searching for Goods. (7 & 8 Geo. 4, c. 53, ss. 40, 
 43.)] being then and there armed with a certain offensive weapon, to 
 
 wit, a , did unlawfully assault one C. D., then being a revenue officer 
 
 and then searching for certain goods forfeited under or by virtue of the 
 
 statute in that behalf, to wit, , in a certain dwelling-house of the said 
 
 A. B. [or as the case may 6e,J there situate, 
 
 [or then seizing a certain cart then conveying certain goods, to wit, 
 
 , forfeited under or by virtue of the statute in that behalf,] 
 
 and in the due execution of his duty as such officer, contrary, &c. 
 (Vide tit. " Assaults," ante, p. 292, Form No. 46.) 
 
 SODOMY. 
 
 326. With Mankind. (9 Geo. 4, c. 31, s. 15.)] did feloniously, Id. Offence 223. 
 wickedly, and against the order of nature, carnally know one C. D., and 
 
 Z
 
 338 Indictable Offences. [PART n 
 
 Oke's Synop. then and there with the said C. D. feloniously did commit and perpetrate 
 2nd edit. p. 362. the abominable crime of buggery. 
 
 327. With an Animal. (Id.)] did feloniously, wickedly, and against 
 the order of nature, carnally know a certain cow [or ass, or as the case 
 may be,'] then and there being, and then and there with the said cow 
 feloniously did commit and perpetrate the abominable crime of buggery. 
 
 Id. Offence 224. 328. Accusing or threatening to accuse thereof, with a view to extort 
 Money and thereby extorting same. (7 Will. 4 & 1 Viet. c. 87, s. 4.)] 
 did feloniously accuse, 
 
 [or threaten to accuse], 
 
 him the said C. D. of having committed [or attempted, or solicited the 
 said A. B., or E. F. to commit] the abominable crime of buggery with 
 him the said A. B. [or with one E. F., or a certain cow, or as the case 
 may be,~] with a view and intent then and there to extort and gain pro- 
 perty from the said C. D., and that the said A. B. by then and there in- 
 timidating the said C. D. by the said accusation [or threat] as aforesaid, 
 did then and there extort and gain from the said C. D. two pieces of the 
 current gold coin of this realm called sovereigns, the property of him 
 the said C. D., contrary, &c. 
 
 (See tit. " Accusing" ante, p. 286, where no money extorted.) 
 
 SOLICITING TO THE COMMISSION OF AN OFFENCE. 
 
 329. Where the Offence solicited not committed. (R. v. Higgins, 2 
 East, 5 ; Dick. Q. S.'by Talfourd, 435.)] did falsely, wickedly, and un- 
 lawfully solicit and incite one E. F. to [here state the felony or misde- 
 meanor solicited."] 
 
 SPRING GUNS AND MAN TRAPS. 
 
 Id. Offence 225. 330. Setting or permitting same upon Premises. (7 & 8 Geo. 4, c. 
 18, ss. 1, 3.)] did unlawfully set [or place, or cause to be set, or 
 placed,] 
 
 [or unlawfully, knowingly, and wilfully permit to remain set], 
 in a certain garden there situate, a certain spring gun [or man trap, or 
 
 engine, to wit, a ], which was then and there loaded and charged 
 
 with gunpowder and divers leaden shot [or stones], with intent that the 
 said spring gun [or as the case may be~] should inflict grievous bodily 
 harm upon any trespasser who might come in contact therewith, con- 
 trary, &c. 
 
 STAGE COACHES. 
 
 331. Furiously driving and injuring Person. (1 Geo. 4, c. 4.)] 
 being then and there a coachman and having charge of a certain public 
 carriage, called an omnibus, [or as the case may 6e,] carrying passengers 
 for hire, the same not being a hackney coach, did then and there by wan- 
 tonly [or furiously] driving the same [or by racing with another such 
 
 carriage, or by certain misconduct, to wit, ,] overturn the said 
 
 public carriage, by reason whereof one C. D., who was then and there a 
 passenger in the same, was thereby maimed [or greatly injured], 
 
 [or run at and against one C. D. then being on the Queen's high-
 
 CHAP, ii.] STOCKING FRAMES TREASON WIFE. 339 
 
 way, or on the side of the Queen's highway, there situate, and Oke's Synop. 
 
 thereby maiming [or greatly injuring] the said C. D.], 2nd ed. p. 362. 
 contrary, &c. 
 
 STOCKING FRAMES. 
 
 332. Selling or deposing of hired Stocking Frame, Sfc. (28 Geo. 3, id. Offence 226. 
 c. 55, ss. 2,3.)] being then and there a framework knitter, renting a 
 
 certain stocking frame [if so, and the machine employed therewith, called 
 
 a ,] of one [or the said] C. D., did then and there unlawfully sell [or 
 
 dispose of] the said stocking frame [and machine] to one E. F. without 
 the consent of the said C. D., being then and there the owner thereof, 
 contrary, &c. 
 
 333. Receiving or purchasing same. (Id.)] did unlawfully and wil- id. Offence 227 
 fully receive [or purchase] of one E. F. a certain stocking frame [or 
 
 machine employed and let with a certain stocking frame], heretofore let 
 by one [or the said] C. D., the owner thereof, to and rented by the said 
 E. F., he the said A. B. then and there well knowing that the said stock- 
 ing frame [or machine] to have been so lent to and rented by the said 
 E. F. as aforesaid, contrary, &c. 
 
 SUBSEQUENT FELONY. 
 
 Vide Form No. 208. tit. " Larceny," ante, p. 318. Id. p. 364. 
 
 Offence 228. 
 
 TREASON. 
 
 334. (Vide the 36 Geo. 3, c. 7, s. 1 ; 57 Geo. 3, c. 6, and 11 Viet. Id. Offence 230. 
 c. 12, s. 3.)] did maliciously and traitorously compass, imagine, devise, 
 
 and intend to depose our lady Queen Victoria from the regal state, title, 
 power and government of this realm, and from the style, honour and 
 kingly name of the imperial crown thereof, and to bring and put our said 
 lady the Queen to death [or as the case may be], contrary, &c. 
 
 335. Did maliciously and traitorously compass, imagine, invent, devise, 
 and intend the death and destruction of our sovereign lady the Queen, 
 contrary, &c. 
 
 See a variety of other Forms, 2 Chit. C. L., and Jervis's Arch. Cr. 
 Plead, and Ev. 9th ed. p. 499505. 
 
 WIFE. 
 
 336. Publicly exposing to sale and selling a Wife. (R. . Delaselle, Adapted from 
 3 Burr. 1438; R.v. Padley, 27 July, 1818.] did indecently, immorally, Form in 
 unlawfully, wickedly, deliberately and wilfully, in and near certain streets 6 Burn's J. 
 there situate, publicly and in the presence and hearing of one E. F., and p- 431, 29th ed. 
 divers other persons there then being, expose to sale and offer to sell and 
 dispose of for lucre and gain, one C. B., then and there being the lawful 
 wife of the said A. B., and did then and there endeavour to persuade the 
 said E. F. to purchase and take the said C. B. for his wife, and did then 
 and there sell and dispose of the said C. B. to the said E. F. for the sum 
 
 z 2
 
 340 Indictable Offences. [PART n. 
 
 of , for the purpose and in order that he might unlawfully cohabit 
 
 with and have unlawful carnal knowledge of the said C. B. 
 
 WOMEN. 
 
 337. Procuring Defilement of a Woman under Twenty-one Years of 
 Age. (12 & 13 Viet. c. 76, s. 1.)] did by certain false and fraudulent 
 
 pretences [or representations], to wit, [set them out], [or certain 
 
 fraudulent means, to wit, ], unlawfully procure one C. D., then 
 
 being a woman [or child] under the age of twenty-one years, to wit, of 
 the age of seventeen years, to have illicit carnal connection with a certain 
 man, to wit, one E. F., and the said C. D. did then and there have such 
 illicit carnal connection with the said E. F., contrary, &c.
 
 ( 341 ) 
 
 PART III. 
 
 OTHER PROCEEDINGS OUT OF SESSIONS. 
 
 CHAPTER I. 
 FORMS FOR USE IN SPECIAL SESSIONS MATTERS. 
 
 OUTLINES OF GENERAL FORMS FOR CONVENING SPECIAL 
 SESSIONS. 
 
 1. Justices' Precept to High Constable. 
 
 To the high constable of the hundred of C., in the division of N., in 
 
 the said county. 
 
 County of C. ) We, whose names are hereunto subscribed, being the 
 
 to wit. \ majority of her Majesty's justices of the peace for the 
 
 county of C., acting within and for the division of N. aforesaid, present 
 
 at a petty session [or special sessions, or the general annual licensing 
 
 meeting] for the said division, now holding at , in , in and for 
 
 the said division, this day of , in the year of our Lord one thou- 
 sand eight hundred and , do hereby require * 
 
 [Here insert the special matters required, as in the Forms hereafter 
 
 given under the various titles."] 
 
 Given under our hands the day and year and at the place above men- 
 tioned. J. S. 
 
 J. L. 
 
 2. High Constable's Warrant to Petty Constables. 
 
 To the petty constables and other peace officers of the parish of , 
 
 in the hundred of C., in the division of N., in the said county, 
 and to each of them. 
 
 County of C. > By virtue of a precept under the hands of the majority 
 
 to wit. J of her Majesty's justices of the peace for the county of C., 
 
 acting within and for the division of N. aforesaid, present at a petty 
 
 session for the said division, held at , in , in and for the said 
 
 division, on the day of instant, to me directed, I do hereby 
 
 order * 
 
 [ Here insert the special matters required to be done, as in the Forms 
 hereafter given under the various titles.] 
 
 Dated the day of , A.D. 185 . 
 
 W. Y. 
 
 High Constable for the hundred of C. 
 in the division of N.
 
 342 Other Proceedings out of Sessions. [PART in. 
 
 3. Notice from one Justice to the other Divisional Justices of a Special 
 Sessions. (7 & 8 Viet. c. 33, s. 7.) 
 
 Division of N. } I, the undersigned, one of her Majesty's justices 
 in the county of C. > of the peace in and for the said county, usually 
 to wit ) acting in and for the said division, do hereby, in 
 
 pursuance of the statute in such case made and provided, give you notice 
 that a special petty sessions [or as the act in question may term it~\ of her 
 Majesty's justices of the peace in and for the said county, acting in and 
 
 for the said division, will be held at the in N., in and for the said 
 
 division, on the day of next, at the hour of in the 
 
 forenoon, for* [Here insert the purpose shortly.'] 
 
 Signed at N. aforesaid, this day of , A.D. 185 . 
 
 To J. P., Esquire, one of her Majesty's} J. S. 
 
 justices of the peace in and for the said ( 
 
 county of C., resident in and usually C 
 
 acting for the said division. ; 
 
 4. Justice's Clerks' Notice to Justice of a Special Sessions. 
 
 To J. P., Esquire, one of her Majesty's justices of the peace acting 
 
 in and for the division of N., in the county of C. 
 We beg to give you notice that a special petty sessions [or as the act in 
 question may term it~] of her Majesty's justices of the peace in and for 
 the said county, acting in and for the said division, will be held at the 
 
 in N., in and for the said division, on the day of 
 
 next, at the hour of in the forenoon, for *. 
 
 [Here insert the purpose shortly.] 
 
 Dated the day of , A.D. 185 . 
 
 I. G. and B. 
 Clerks to the justices of the said division. 
 
 ALEHOUSES. 
 Oke's Svnoo ^' Notice of Application for a new Licence. (9 Geo. 4, c. 61, s. 10.) 
 
 2nd ed. p. 369. To the overseers of the poor and the constable of the parish of , 
 
 and to all whom it may concern. 
 
 I (a), , now residing at , in the parish of , in the of 
 
 , and for six months last past having resided at (6) , do hereby 
 
 give notice, that (c) it is my intention to apply at the , to be 
 
 holden at , on the day of ensuing, for a licence to sell 
 
 exciseable liquors by retail, to be drunk or consumed in the house or pre- 
 mises thereunto belonging, situate at (d) , and which I intend to keep 
 
 as an inn, alehouse, or victualling house. 
 
 Given under my hand, this day of . 
 
 [Applicant's signature.] 
 N.B. A copy of this notice to be served upon one of the overseers of 
 
 (a) State the name and the trade or occupation. 
 
 (h) If in more than one place, state the different places, together with the 
 county or counties, as the case may be. 
 
 (c) If application is intended to be made to a special session, state the cause 
 of such application in conformity to sect. 14 of the act. 
 
 (d) Describe the house intended to be opened, specifying the situation of it, 
 the person of whom rented, the present or late occupier, whether kept or used 
 as an inn, alehouse or victualling house, within three years preceding ; and if 
 so, by whom and under what sign.
 
 CHAP, i.] ALEHOUSES. 343 
 
 the poor, and upon one of the constables or other peace officers of Oke's Synop. 
 the parish in which is situate the house intended to be opened, and 2nd ed. p. 369. 
 also to be affixed on the door of the house and of the church or 
 chapel, or other conspicuous place, as required by the act. 
 
 2. Justices' Appointment of General Annual Licensing Meeting(a). 
 
 Petty sessions at N., the day of , 18 . 
 
 (Before J. S., J. P., J. L , and J. N., Esquires.) 
 We the above-named and undersigned, her Majesty's justices of the 
 peace for the division of N., in the county of C., do hereby appoint 
 Tuesday, the day of next, at the hour of in the fore- 
 noon, at N. in the said county and division, to hold the general annual 
 licensing meeting and special session of justices for the said division, for 
 granting licences for keeping inns, alehouses, and victualling houses, to 
 sell exciseable liquors by retail, to be drunk or consumed on the premises, 
 and for the purpose of granting billiard licenses. 
 
 J. S., J. P., J. L., J. N. 
 
 3. Justice's Precept to High Constable. (Id. s. 2.)] Proceed to the 
 asterisk * in General Form No. 1, ante, p. 341, and insert this : you, 
 within five days next ensuing your receiving this precept, to order the 
 several petty constables and other peace officers within your constable- 
 wick forthwith to affix or cause to be affixed on the door of the church 
 or chapel, and where there shall be no church or chapel on some other 
 public and conspicuous place within their respective districts, a notice in 
 writing that a general annual licensing meeting and special session of the 
 
 justices of the peace acting for the said division will be held at the 
 
 aforesaid, on the day of next, at the hour of in the 
 
 forenoon, for the purpose of granting licences to persons keeping or 
 being about to keep inns, alehouses, and victualling houses, to sell ex- 
 ciseable liquors by retail, to be drunk or consumed on the premises in 
 such licences to be specified, and for the purpose of granting billiard 
 licences, and that such petty constables and other peace officers do also 
 forthwith give the like notice in writing of such general annual licensing 
 meeting to, or leave the same at the dwelling-house of, each and every 
 justice of the peace acting for the said division, residing within their 
 respective districts, and likewise to each and every person keeping an 
 inn, alehouse, or victualling house, or who shall have given notice of his 
 CT her intention to keep an inn, alehouse, or victualling house, and to 
 apply for a licence to sell exciseable liquors, to be drunk or consumed on 
 the premises mentioned in such notice within their respective districts, or 
 to apply thereat for such billiard licence. 
 
 4. High Constable's Warrant to Petty Constables.'] Proceed to the as- 
 terisk* in General Form No. 2, ante, p. 341, and insert this: that you 
 forthwith affix or cause to be affixed on the door of the church or chapel, 
 and where there shall be no church or chapel on some other public and 
 conspicuous place within your parish, a notice in writing that a general 
 annual licensing meeting and special session of the justices of the peace 
 
 acting for the said division will be held at the aforesaid, on the 
 
 day of next, at the hour of in the forenoon, for the 
 
 purpose of granting licences to persons keeping, or being about to keep, 
 inns, alehouses, and victualling nouses, to sell exciseable liquors by retail, 
 to be drunk or consumed on the premises in such licences to be specified, 
 and for the purpose of granting billiard licences ; and that you do also 
 
 (a) This appointment should be written in a separate book, called "The Spe- 
 cial Sessions Book,'' and signed, as well as all other proceedings, at or previous 
 to any special sessions.
 
 344 Other Proceedings out of Sessions. [PART in 
 
 Oke's Synop. forthwith give the like notice in writing to, or leave the same at the 
 2nd ed. p. 369. dwelling-house of, each and every justice of the peace in your parish, 
 acting for the said division, and likewise to each and every person in 
 your parish keeping an inn, alehouse or victualling house, or who shall 
 have given notice of his or her intention to keep an inn, alehouse or vic- 
 tualling house, and to apply for a licence to sell exciseable liquors to be 
 drunk or consumed on the premises mentioned in such notice, or to 
 apply thereat for such billiard licence. 
 
 5. Notice from the Petty Constable to Alehouse Keepers or Persons 
 applying for Licences, and to Justices, of Licensing Day. 
 
 Division of N. 
 
 Take notice, that a general annual licensing meeting and special 
 session of the justices of the peace in and for the county of Cambridge, 
 
 acting in and for the said division, will be held at the , in N., in 
 
 and for the said division, on the day of next, at the hour of 
 
 in the forenoon of the same day, for the purpose of granting 
 licences to persons keeping or being about to keep inns, alehouses and 
 victualling houses, to sell exciseable liquors by retail, to be drunk or con- 
 sumed on the premises in such licences to be specified, pursuant to the 
 statute in such case made and provided, and for the purpose of granting 
 billiard licences, at which general annual licensing meeting and special 
 sessions the said justices will also grant billiard licences to such persons 
 as they the said justices shall in their discretion deem fit and proper to 
 keep billiard tables and bagatelle boards, or instruments used in any 
 game of the like kind, and who shall have given due notice of their in- 
 tention to apply thereat for such billiard licence. Dated the day 
 
 of , A.D. 185. 
 
 W. T. 
 
 To Mr. G. S., (Crown Inn), Constable for the parish of , 
 
 S , or J.S., Esquire, jus- in the hundred of E., in the 
 
 tice of the peace. said division. 
 
 6. Notice of Licensing Meeting for Church Door. 
 
 Division of N., Cambridgeshire. 
 
 Notice of sessions for granting alehouse and billiard licences. 
 Take notice, that [#c. this will be the same as the notice No. 5, supra, 
 except that it is not directed to any person.] 
 
 7. Alehouse Licence. (Form in act 9 Geo. 4, c. 61, s. 13.) 
 
 At the general annual licensing meeting [or an adjournment of the 
 general annual licensing meeting] of her Majesty's justices of 
 the peace acting for the division [or liberty, fyc. as the case may 
 
 be], of N., in the county of C., holden at the , in N., in 
 
 the said county, on the day of , in the year one 
 
 thousand eight hundred and , for the purpose of granting 
 
 licences to persons keeping inns, alehouses and victualling 
 houses, to sell exciseable liquors by retail, to be drunk or con- 
 sumed on the premises. 
 
 We, being of her Majesty's justices of the peace acting for the said 
 
 county [or liberty, fyc., as the case may be], and being the majority of 
 those assembled at the said session, do hereby authorize and empower 
 
 C. D., now dwelling at , in the parish of , in the division and 
 
 county aforesaid, and keeping [or intending to keep] an inn, alehouse, 
 
 or victualling house, at the sign of the , in the said parish of , 
 
 to sell by retail therein, and in the premises thereunto belonging, all such
 
 CHAP. I.] 
 
 ALEHOUSES. 
 
 345 
 
 exciseable liquors as* the said C. D. shall be licensed and empowered to Oke's Synop. 
 sell under the authority and permission of any excise licence, and to permit 2nd ed. p. 369. 
 all such liquors to be drunk or consumed in his [or her] said house or in 
 the premises thereunto belonging : Provided that he [or she] do not 
 fraudulently dilute or adulterate the same, or sell the same knowing them 
 to have been fraudulently diluted or adulterated ; and do not use in selling 
 thereof any weights or measures that are not of the legal standard ; and 
 do not wilfully or knowingly permit drunkenness or other disorderly con- 
 duct in his [or her] house or premises ; and do not knowingly suffer any 
 unlawful games or any gaming whatsoever therein ; and do not knowingly 
 permit or suffer persons of notoriously bad character to assemble and meet 
 together therein ; and do not keep open his \_or her] house except for the 
 reception of travellers, nor permit or suffer any beer or other exciseable 
 liquor to be conveyed from or out of his [or her] premises during the 
 usual hours of the morning and afternoon divine service in the church or 
 chapel of the parish or place in which his [or her] house is situated, on 
 Sundays, Christmas Day, or Good Friday, but do maintain good order 
 and rule therein ; and this licence shall continue in force from the tenth 
 day of October next until the tenth day of October then next ensuing, 
 and no longer : Provided that the said C. D. shall not in the meantime 
 become a sheriff's officer, or officer executing the process of any court of 
 justice, in either of which cases this licence shall be void. Given under 
 our hands and seals on the day and at the place first above written. 
 
 [Justices' signatures and seals.] 
 
 NOTE. By the 11 & 12 Viet. c. 49, s. 1 (passed on the 14th of This note is not 
 August, 1848), you are not to open your house, or sell any fer- in the stat. 9 
 mented or distilled liquors (or any other articles, s. 3), on Sun- Gep. 4, c. 61. 
 days, Christmas Day, or Good Friday, or any day appointed 
 for a public fast or thanksgiving (except as refreshment for 
 travellers), before half-past twelve o'clock in the afternoon, or 
 before the termination of the morning divine service, if not ter- 
 minated by that time. 
 
 8. Form of entering Licences granted in " The Special Sessions Book" (a). 
 
 , 25th August, 1849. 
 
 County of C. ~J At the general annual licensing meeting of her Ma- 
 
 to wit, Vjesty's justices of the peace acting for this division, 
 
 Division of N . J holden on the- day and at the place above mentioned, 
 
 for the purpose of granting licences to persons keeping 
 
 or being about to keep inns, alehouses and victualling 
 
 houses to sell exciseable liquors by retail, and also for 
 
 the purpose of granting billiard licences. 
 
 Parishes. 
 
 Persons licensed. 
 
 Signs of Houses. 
 
 Date of Authority to sell (5 & 6 Viet. c. 44) and 
 Transfers, and to whom. 
 
 A. 
 
 B. 
 C. 
 
 K. B. R. 
 
 W. M. 
 A. M. H. 
 
 Plough 
 
 Red Lioo 
 Star and Garter 
 
 9th October, 1849, authority to J. H. ; 30th 
 October, 1849, transfer to J. H. 
 
 4th December, 1849, transfer to W. M. 
 
 Licences signed by J. T. B. ^ maJQ ^ y of the jljstices 
 m r '4 present thereat. 
 
 (a) See note (a), ante, p. 343.
 
 346 Other Proceedings out of Sessions. [PART in. 
 
 2 d 1 D^STO 9- Justices' Appointment of Special Sessions for transferring, fyc., far the 
 Year ensuing. (Id. s. 4.) [To be written underneath No. 8, ante.] 
 
 We, the undersigned, the majority of the justices present at the general 
 annual licensing meeting aforesaid, do hereby appoint [six] special session a 
 for the year ensuing to be holden in and for the said division, for the 
 purpose of licensing such persons intending to keep inns, alehouses and 
 victualling houses, theretofore kept by other persons being about to remove 
 from such inns, alehouses, or victualling houses, in the cases and in the 
 manner and for the time directed by the statute in that case made and 
 provided, to be holden on the following days, at the hour of twelve at 
 noon of each day and at this place, viz. 
 
 16th October. 2nd April, 1850. 
 
 4th December. 4th June, 1850. 
 
 5th February, 1850. 6th August, 1850. 
 
 J. T. B. 
 J. D. M. 
 W. L. 
 
 10. Justices' Precept to High Constable to give Notice of Special Ses- 
 sions.'] Proceed to the asterisk* in Form No. 1, ante, p. 341, then : do 
 hereby appoint [six] special sessions for the year ensuing, to be holden 
 in and for the said division, for the purpose of licensing such persons 
 intending to keep inns, alehouses, and victualling houses, theretofore kept 
 by other persons being about to remove from such inns, alehouses, or 
 victualling houses, in the cases and in the manner and for the time 
 directed by the statute in that case made and provided, and also for the 
 purpose of transferring billiard licences, and do, by this precept under 
 our hands, appoint the said [six] special sessions to be holden on the 
 respective days hereafter mentioned, at the - , in N., in the said 
 division, at the hour of twelve at noon each, that is to say, 
 On the 1 6th day of October next, 
 On the 4th day of December next, 
 On the 5th day of February, 1850, 
 On the 2nd day of April, 1850, 
 On the 4th day of June, 1850, 
 On the 6th day of August, 1850, 
 
 and we hereby require you, within five days next ensuing the day on 
 which you shall receive this precept, to order the several petty constables, 
 or other peace officers within your constablewick, to affix, or cause to be 
 affixed, on the door of the church or chapel, and where there shall be no 
 church or chapel, on some other public and conspicuous place within 
 their respective districts, a notice of the said several days, hour and place 
 at which such several special sessions are appointed to be holden as afore- 
 said, and to give to, or leave at the dwelling house of each and every 
 justice of the peace acting for the said division, and of each and every 
 person keeping an inn, alehouse, or victualling house, or a licensed 
 billiard table or bagatelle board, in the said division, or who shall have 
 given notice of his, her, or their intention to keep an inn, alehouse, or 
 victualling house, or a billiard table or bagatelle board, and to apply at 
 any of the said special sessions so to be holden as aforesaid, for a licence 
 to sell exciseable liquors by retail to be drunk or consumed on the pre- 
 mises, or to keep such billiard table or bagatelle board within their re- 
 spective districts, a copy of such notice. 
 Given, &c. [as No. 1, ante, p. 341]. 
 
 11. High Constable's Warrant to the Petty Constables.'] Proceed to
 
 CHAP, i.] ALEHOUSES. 347 
 
 the asterisk* in Form No. 2, ante, p. 341, then : and require you forth- Oke's Synop. 
 with to affix or cause to be affixed on the door of the church or chapel, 2nd ed. p. 370. 
 and where there shall be no church or chapel, on some other public and 
 conspicuous place within your district, a notice in writing that [six] spe- 
 cial sessions of the peace for the year ensuing will be holden in and for 
 
 the said division on the respective days hereafter mentioned, at the , 
 
 in N., in the said division, at the hour of twelve at noon each day, that is 
 to say, 
 
 [here state the days as in Form, No. 10, supra~\, 
 
 for the purpose of licensing such persons intending to keep inns, ale- 
 houses, and victualling houses, within the said division, theretofore kept 
 by other persons being about to remove from such inns, alehouses, or 
 victualling houses, in the cases and in the manner and for the time 
 directed by the statute in that case made and provided, and also for the 
 purpose of transferring billiard or bagatelle licences, and that you also 
 forthwith give a copy of such notice to, or leave the same at the dwelling- 
 house of each and every justice of the peace acting for the said division 
 living within your district, and to each and every person keeping an 
 inn, alehouse, or victualling house, or a licensed billiard table or bagatelle 
 board, within your district, or who shall have given notice of his, her, or 
 their intention to keep an inn, alehouse, or victualling house, and to 
 apply at any of the said special sessions, so to be holden as aforesaid, for 
 a licence to sell exciseable liquors by retail, to be drunk or consumed on 
 the premises, or to keep such billiard table or bagatelle board within your 
 district. 
 
 12. Petty Constable's Notice. 
 
 Division of N., Cambridgeshire. 
 
 Notice of Sessions for transferring Alehouse and Billiard Licenses. 
 Notice is hereby given, that [six] special sessions of the peace for the 
 year ensuing will be holden in and for the said division, on the respective 
 
 days hereafter mentioned, at the in N., in the said division, at the 
 
 hour of twelve at noon of each day, that is to say, 
 
 [here state the days as in Form No. 10, supra], 
 
 for the purpose of licensing persons intending to keep inns, alehouses, or 
 victualling houses within the said division, theretofore kept by other 
 persons being about to remove from such inns, alehouses, or victualling 
 houses, and for the purpose of licensing persons intending to keep billiard 
 tables in the cases and in the manner and for the time directed by the 
 
 statutes in such case made and provided. Dated the day of , 
 
 A.D. 185 . 
 
 f Constable for the parish of 
 
 W. T. , in the hundred of 
 
 (. C., in the said division. 
 
 13. Notice of Application for Transfer of Licence. (Id. a. 11.) 
 
 To the overseers of the poor, and the constables of the [parish] of 
 
 , in the county of , and to all whom it may concern. 
 
 I, A. B. [or we the executors, &c. of the late A. B.], victualler, being 
 authorized by virtue of the licence granted to me [or him, or her] at the 
 
 general annual licensing meeting [or special session] held at , on 
 
 the day of , one thousand eight hundred and , to sell 
 
 exciseable liquors by retail, to be drunk or consumed in the house or 
 premises thereunto belonging, situate at [here describe the situation of the 
 
 house~\, and commonly known by the sign of the , do hereby give 
 
 notice that it is my [or our] intention to apply at the special session to
 
 348 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. be holden at , in the county of , on the day of , one 
 
 2nd ed. p. 370. thousand eight hundred and , for permission to transfer the above 
 
 mentioned licence to C. D. [state his trade or occupation], now residing at 
 
 , in the parish of , in the county of , and for six months 
 
 last past having resided at [or in the several parishes of ], in 
 
 the county of [or counties of], that the said C. D., intending to 
 
 keep as an inn, alehouse or victualling house, the said house so as afore- 
 said kept by me [or us], may sell exciseable liquors by retail, to be drunk 
 or consumed in the said house or premises thereunto belonging. Given 
 under my hand, this day of , one thousand eight hundred and 
 
 N. B. A copy of this notice to be served upon one of the overseers of 
 the poor, and upon one of the constables or other peace officers of 
 the parish in which is situate the house kept by the person whose 
 notice it is. 
 
 14. Licence granted at a Special Session, in case of Death, Sfc. under s. 14. 
 
 At a special sessions of her Majesty's justices of the peace acting for 
 
 the division of N., in the county of C., holden at the , in 
 
 N., in the said county, on the day of , in the year 
 
 one thousand eight hundred and , for the purpose of 
 
 authorizing and empowering persons to open or continue open, 
 in certain cases, common inns, alehouses and victualling 
 houses : 
 
 We [4x\ proceed to the asterisk * in Form of Licence No. 7, ante, p. 
 344, and. there insert " as one A. B. duly licensed, but since dead [or 
 who hath removed from the said house, or yielded up the possession of 
 the said house to the said C. D., or who formerly occupied the said 
 house] was licensed and empowered to sell, &c." conclude as in No. 7. 
 
 15. Temporary Authority to sell, to be signed at a Petty Sessions. 
 (5 & 6 Viet. c. 44, s. 1.) 
 
 Division of N. ~i At a petty session of her Majesty's justices of 
 in the county of C. ^the peace in and for the county ofC., holden at 
 
 to wit. 3 the , in N., in and for the division of N., in 
 
 the said county, on , the day of , in the year of 
 
 our Lord one thousand eight hundred and . 
 
 Whereas no special session for the transfer of licences of inns, alehouses 
 and victualling houses in the said division is now holden therein : And 
 whereas application is now made at this petty session by T. T., now 
 dwelling at S., in the parish of S., in the said division, and keeping the inn, 
 alehouse or victualling house situate in the said division and mentioned 
 in the within licence, granted pursuant to the provisions of the statute in 
 that case made and provided, at a special session [or the general licensing 
 meeting] in the within licence mentioned, to transfer the within licence to 
 G. S., of the parish of S., in the division and county aforesaid : We, 
 therefore, the undersigned, being the majority of the justices present at 
 this petty session, by this indorsement under our hands and seals on the 
 within licence so granted as aforesaid, by virtue of the power vested in us 
 by the statute in such case made and provided, after examining upon 
 oath all necessary parties, do authorize the said G. S., being a person not 
 disqualified by the statute in such case made and provided, and to whom 
 it is proposed by such application to transfer such licence, to use, exer- 
 cise and carry on the business of a licensed victualler at the same house 
 and at the same premises mentioned in the within licence, and there to
 
 CHAP, i.] BILLIARDS CONSTABLES. 
 
 sell such exciseable liquors as might heretofore have been lawfully sold 
 and retailed therein ; the same being a case where justices of the peace 
 assembled at a special session are empowered, by the statute in that case 
 made and provided, to transfer or grant licences before the expiration 
 thereof to sell exciseable liquors by retail in the same house or premises, 
 in respect of which any person had been theretofore duly licensed : the 
 authority hereby granted, to continue and be in force until the now next 
 ensuing special session for transferring and granting such licences, which 
 shall be holden for the said division within which such house and premises 
 are situated, and no longer. Given under our hands and seals at the 
 petty sessions aforesaid. 
 
 [Justices' signatures and seals.'] 
 
 349 
 
 Oke's Synop. 
 2nd ed. p. 370. 
 
 BILLIARDS. 
 
 The Forms for convening the general licensing meeting in tit. " Ale- 
 houses," ante, have been adapted to billiard licences as well as for trans- 
 ferring them. 
 
 Licence for Public Billiard playing. (Given by 8 & 9 Viet. c. 109, s. 10.) Oke's Synop. 
 At the general licensing annual meeting [or an adjournment of the 2nd ed. p. 371. 
 general annual licensing meeting, or at a special petty session] of her 
 Majesty's justices of the peace acting for the division [or liberty, fyc. as 
 
 the case may be~\ of , in the county of , holden at , on the 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and forty , for the purpose of granting billiard licences, we, being 
 
 of her Majesty's justices of the peace acting for the said county [or 
 
 liberty, $c. as the case may be~], and being the majority of those assembled 
 at the said session, do hereby authorize and empower A. L., now dwelling 
 
 at , in the parish of , to keep a house for public billiard playing 
 
 at [here specify the house~\, provided that he [or she] put and keep up the 
 words " Licensed for Billiards " legibly painted in some conspicuous place 
 near the door and on the outside of the said house, and do not wilfully or 
 knowingly permit drunkenness or other disorderly conduct in the said 
 house, and do not knowingly allow the consumption of exciseable liquors 
 therein by the persons resorting thereto, and do not knowingly suffer any 
 unlawful games therein, and do not knowingly suffer persons of noto- 
 riously bad character to assemble and meet together therein, and do not 
 open the said house for play or allow any play therein after one and 
 before eight of the clock in the morning, or keep it open or allow any 
 play therein on Sundays, Christmas Day or Good Friday, or on any day 
 appointed for a public fast or thanksgiving, but do maintain good order 
 
 and rule therein : and this licence shall continue in force from the 
 
 day of next, until the day of then next following, and no 
 
 longer. Given under our hands and seals on the day and at the place 
 first written. 
 
 CONSTABLES (BOROUGH, SPECIAL). 
 1. Appointment of, yearly, in October. (5 & 6 Will. 4, c. 76, s. 83.) 
 
 Cornwall. ) At a special petty session of her Majesty's justices 
 Borough and ( of the peace in and for the borough of Truro, in 
 liberties of Truro the county of Cornwall, acting in and for the said 
 to wit. ) borough, holden at the Town Hall in the same bo- 
 rough, on , the day of October, in the year of our
 
 350 
 
 Other Proceedings out of Sessions. [PART in. 
 
 Lord one thousand eight hundred and , for the appointment 
 
 of special constables for the said borough, of which special petty 
 session due notice has been given to every justice usually acting 
 in the said borough. 
 
 We, the undersigned justices, present at the said special petty session, 
 in pursuance of an act of parliament passed in the sixth year of the 
 reign of his late Majesty King William the Fourth, intituled " An 
 Act to provide for the Regulation of Municipal Corporations in Eng- 
 land and Wales," do nominate and appoint, from the list of persons 
 returned to us, the following persons, being inhabitants of the said 
 borough (and not legally exempt from serving the office of constable), 
 to act as special constables within the said borough during the year now 
 next following and until other special constables for the said borough of 
 Truro shall be nominated and appointed to act in their stead as special 
 constables of the said borough of Truro, whensoever they respectively 
 shall be required by the warrant of any of the justices of the peace having 
 jurisdiction within the said borough of Truro so to act, but not otherwise, 
 such number of persons being deemed by us, the said justices, necessary 
 (having regard to the extent and population of the said borough of Truro) 
 to act as special constables as aforesaid. 
 
 Parish. 
 
 Name. 
 
 Residence. 
 
 Calling. 
 
 Saint Mary 
 Saint Clement 
 Kenwyn 
 
 A. C. E. 
 A. F. 
 A. Z. 
 
 Lemon Street 
 New Bridge Street 
 Kenwyn Street 
 
 Grocer 
 Watchmaker 
 Cabinet Maker 
 
 Given under our hands at the special petty session aforesaid. 
 
 W. T. C., Mayor. 
 J. T. N. 
 W. P. K. 
 
 2. Summons to Person appointed to take the Oath. (Id.) 
 
 To C. E. A., of the parish of Saint Mary, within the borough of 
 
 Truro, in the county of Cornwall. 
 
 Cornwall. -\ Whereas, at a petty special sessions of her Majesty's jus- 
 Borough /tices of the peace in and for the said borough of Truro, 
 
 and V acting in and for the said borough, held on the day of 
 
 Liberties of I October, 18 , at the Town Hall, in and for the said 
 Truro. J borough, for the appointment of persons to act as special 
 constables within the said borough, you the said C. E. A., an inhabitant 
 of the said borough, and in other respects duly qualified, were duly chosen 
 to act as a special constable for the said borough of Truro, whensoever 
 you should be required by the warrant of any of the justices of the peace 
 having jurisdiction within the said borough so to act, but not otherwise : 
 And whereas, in the opinion of me the undersigned, one of her Majesty's 
 justices of the peace having jurisdiction within the said borough, the 
 ordinary police force of the said borough is insufficient at this time to 
 maintain the peace of the said borough : These are therefore to require 
 you personally to appear before me, or some other of her Majesty's jus- 
 tices of the peace of and for the said borough and liberties, at the Town 
 
 Hall in the said borough, on the day of , at o'clock 
 
 in the noon, in order to be administered to you the oath required
 
 CHAP, i.] CONSTABLES-CONSTABLES (HIGH). 351 
 
 by the statute in such case made and provided to be taken by you for the 
 due execution of your said office of special constable. Herein fail not. 
 
 Given under my hand and seal the day of , one thousand 
 
 eight hundred and . 
 
 W.T.C., Mayor. (L.S.) 
 
 3. Oath. 
 
 This is the same as under 1 & 2 Will. 4, c. 41, tit. " Constables 
 (Special)," post. 
 
 4. Certificate of having taken the Oath. 
 
 Borough of T. We, two of her Majesty's justices of the peace for the 
 
 to wit. I said borough, do hereby .certify that C. E. A., of 
 
 street, in the parish of , in the said borough, hath been duly chosen 
 
 to act as a special constable for the said borough whensoever he shall be 
 required by the warrant of any of the justices of the peace having juris- 
 diction within the said borough so to act, but not otherwise, and hath this 
 day duly taken the oath before us faithfully to discharge the duties of the 
 said office. 
 
 Witness our hands, this day of , 185 . 
 
 W.T.C., Mayor. 
 W. P. K. 
 
 CONSTABLES (HIGH). 
 
 1. Appointment of High Constables in Special Sessions. (7 & 8 Viet. Oke's Synop. 
 c. 33, s. 8.) 2nd ed. p. 371. 
 
 At a special sessions of her Majesty's justices of the peace acting in 
 and for the petty sessions division of N. in the county of C., 
 
 held at the in N. in and for the said division, on the 
 
 day of , in the year of our Lord , for the purpose 
 
 of hearing appeals against the rates of the several parishes within 
 the said division, pursuant to the statute made and passed in the 
 sixth and seventh years of the reign of his late Majesty King 
 William the Fourth, intituled " An Act to regulate Parochial As- 
 sessments" [and if at adjourned sessions, and thence continued 
 
 by adjournment to the day of at the same place], 
 
 We the undersigned, the justices present at the said special sessions, do 
 appoint W. Y., of the parish of C., in the division of N. aforesaid, grocer, 
 to be high constable for the hundred of C., the said hundred being wholly 
 situate and included within the limits of the said division, and the said 
 W. Y. is faithfully and truly to execute the office of high constable ac- 
 cording to the directions of the statutes in that behalf made. 
 
 Given under our hands and seals at the special sessions aforesaid. 
 
 [Justices' signatures and se/s.] 
 
 2. Constable's Oath before the Justices appointing, or before any one 
 Justice of the County. (Id.) 
 
 You shall faithfully and truly serve our sovereign lady the Queen in 
 the office of high constable for the hundred of C. until another be sworn 
 in your stead, according to the best of your skill and knowledge and the 
 directions of the statutes in that behalf made. So help you GOD.
 
 352 Other Proceedings out of Sessions. [PART in. 
 
 Oke'sSynop. CONSTABLES (PAROCHIAL). 
 
 1 . Justices' Precept to Overseers, with Instructions. (5 & 6 Viet. 
 c. 109, s. 2.) 
 
 To the overseers of the poor of the parish of , in the division of 
 
 N., in the county of C. 
 
 County of i We, the undersigned, two of her Majesty's justices of the 
 C. 5 peace in and for the said county usually acting in and for 
 to wit. 3 the said division, do hereby, in pursuance of the statute in 
 such case made and provided, require you the said overseers to make out 
 and return to the clerks to her Majesty's justices of the peace in and for 
 the said county, usually acting in and for the said division, at their office 
 at N. therein, before the twenty-fourth day of March next, a list in 
 writing of [six] men, being a competent number of men within your 
 parish qualified and liable to serve as constables for the same : and we 
 hereby give you notice, that a petty special session of the peace will be 
 liolden at the petty sessions room in N. in and for the said division, on 
 the day of next, at o'clock in the noon, for the ap- 
 pointment of parochial constables, which special session you are hereby 
 required to attend and verify the list so to be returned by you. 
 
 Given under our hands this day of , in the year of our Lord 
 
 one thousand eight hundred and . 
 
 J. T. B. 
 J.D. 
 INSTRUCTIONS. 
 
 THE OVERSEERS are requested to observe the INSTRUCTIONS underneath, 
 which show the Duties to be performed under the Statute : they should 
 be read at the Vestry. 
 
 *^* Two kinds of Forms are sent herewith : No. 1 , to be returned 
 to the clerks to the justices; No. 2, to be affixed on the 
 church, &c. 
 
 1 . On receiving this precept, you are to summon a vestry, to be held 
 within fourteen days after its receipt ; three clear days' notice of such 
 vestry, after a Sunday, is requisite. 
 
 2. The vestry is to make out a list of the number of men above-named 
 who are qualified and liable to serve as constables, with the Christian 
 name and surname, the true place of abode, the title, quality, calling or 
 business of each, written at full length (Form No. 1 is to be used) the 
 vestry may annex to the list the names of any number of men willing to 
 serve, although not qualified ; these should be also put into the space left 
 for that purpose. It should be further noticed, that a constable is only 
 compellable to serve for one year at a time, and cannot be called upon 
 again to serve until every person in the parish, qualified and liable, shall 
 have served by himself or substitute ; therefore, the present constables 
 (whether at a salary or not) are not to be inserted in the list here men- 
 tioned, they not being qualified and liable ; but if it should be any con- 
 stable's turn again to serve, their names should be stated as in Instruc- 
 tion 6. 
 
 3. THE QUALIFICATION is : every ablebodied man resident within the 
 parish, between the ages of twenty-five and fifty-five, rated to the poor 
 rate or county rate, on any tenements of the net yearly value of 4 
 or upwards. No qualification is required for a substitute. 
 
 4. THE EXEMPTIONS are : peers, members of parliament, judges, jus-
 
 CHAP, i.] CONSTABLES (PAROCHIAL). 353 
 
 tices of the peace, deputy lieutenants, clergymen, Roman Catholic priests, Oke's Synop. 
 dissenting ministers following no other secular occupation but that of a 2nd ed. p. 372. 
 schoolmaster, schoolmasters, Serjeants and barristers-at-law, advocates of 
 the civil law actually practising, attorneys practising, and certificated 
 solicitors and proctors, coroners, gaolers and keepers of houses of correc- 
 tion, physicians, surgeons and apothecaries, being members of one of the 
 royal colleges and duly certified, officers in the navy or army on full pay, 
 persons in yeomanry corps, masters of vessels in the buoy and light ser- 
 vice, licensed pilots, officers of customs or excise, sheriffs and sheriffs' 
 officers, high constables, clerks of board of guardians, masters of union 
 workhouses, county or district constables, parish clerks, registrars and 
 superintendent registrars, churchwardens, overseers and relieving officers. 
 
 5. THE DISQUALIFICATIONS are : licensed victuallers and beer shop 
 keepers, game keepers, and persons convicted of treason, felony, or any 
 infamous crime. 
 
 6. If any person named in the list has served in person or by substi- 
 tute, you are to set against his name, in the column for that purpose, the 
 date of the year of such service. (Vide Instruction 2.) 
 
 7. If the parish resolve to have a paid constable (i. e. one payable by 
 a yearly salary), a resolution in the following form should be inserted in 
 the blanks (a) and (6) in the forms : 
 
 " And the said inhabitants at their aforesaid meeting in vestry did 
 resolve ' That a paid constable shall be appointed for the said 
 
 parish, at a salary of pounds a year, payable quarterly, 
 
 (such salary not to include disbursements, or any business re- 
 quired out of the parish, for which he shall be entitled to the 
 fees as settled by the quarter sessions,) and that be recom- 
 mended to the justices as such paid constable.' " 
 
 Or, if there is at present a paid constable, and the vestry should re- 
 solve to have him no longer at a salary, a resolution, in the fol- 
 lowing form, rescinding his appointment, should be inserted in 
 the blanks (a) and (b) : 
 
 " And the said inhabitants at their aforesaid meeting in vestry did 
 resolve ' That the resolution, passed by the vestry, at their 
 annual meeting for the returning the list of persons liable to 
 serve as constables in the year 184 , for the appointment of 
 
 as a paid constable for the said parish, at a salary of 
 
 pounds a year, be and the same is hereby rescinded," upon 
 which the justices would choose constables for the ensuing year 
 from the list to be returned with this resolution. 
 
 It must also be observed that, notwithstanding the vestry resolve to 
 have constables at a salary as here alluded to, the list men- 
 tioned in Instruction 2 must also be sent to the justices' clerks, 
 for in case of the death, resignation, or dismissal of both or 
 either of the paid constables, during their period of office, the 
 constables in their stead can only be appointed from the last pre- 
 vious list returned to and allowed at the special petty sessions. 
 
 8. True copies of the list (as No. 2), with any resolution passed, must 
 be signed by you, or the chairman of the meeting, and fixed on every 
 church, chapel, and other public place of religious worship within the 
 parish, on the first three Sundays in March next. 
 
 9. The original list (as No. 1), with every resolution passed, signed by 
 all the overseers (if there is a collector of rates, or assistant overseer, he 
 must also sign it,) must be returned by post (pre-paid) to the clerks to the 
 justices before the 24th of March. 
 
 10. You are to attend the special petty sessions on the day above stated 
 and verify the list. 
 
 AA
 
 354 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. H. When the constabks-are appointed, a list will be sent you, which 
 2nd ed. p. 372. y OU are to affix to the door of the parish church. 
 
 12. When any constable, during his year of office, dies, or becomes dis- 
 qualified by non-residence or otherwise, you are to give notice to the 
 clerks to the justices. 
 
 13. You are not to pay the constables any fees, except under an order 
 from two justices in petty sessions ; and by the statute 1 1 and 1 2 Viet, 
 c. 91, s. 6, the production of the justices' order is sufficient to warrant the 
 amount, when paid, being allowed in your accounts without further in- 
 quiry. 
 
 N.B. THE PENALTY for every neglect of the directions of the statute is 
 5. 
 
 . 18. 
 FEBRUARY . You will receive this precept. 
 
 Not later than this day you are to affix the notice of 
 
 the vestry meeting. 
 
 The vestry should be held on or before this day. 
 
 2. List to be returned to Clerks to Justices. (Id. s. 8.) [No. 1.] 
 
 Parish of , 1 At a meeting of the inhabitants of this parish 
 
 in the division of N. [ in vestry, held after due summons, the day of 
 
 185 . ) , 185, at , for the purpose of making out 
 
 a list of men residing within the said parish, qualified and liable to 
 
 serve as constables thereof, to be returned to her Majesty's justices of the 
 peace in and for the county of Cambridge, acting in and for the said 
 division, in pursuance of a precept under the hands of two of her Ma- 
 jesty's justices of the peace in and for the said county, acting in and for 
 the said division, 
 
 The following list was* made out by the said vestry pursuant to the 
 statute : 
 
 Christian Name and 
 Surname. 
 
 True Place of 
 Abode. 
 
 Title, Quality, Call- Date of the Year of 
 ing, or Business, any previous Service. 
 
 
 
 
 
 And the said vestry did recommend the following men, being willing to 
 serve the office, to be appointed as constables for the said parish : 
 
 Christian Name and Sur- 
 name. 
 
 True Place of 
 Abode. 
 
 Title, Quality, Calling, or 
 Business. 
 
 
 
 
 (ft) 
 
 Chairman. 
 
 ) Overseers of the poor 
 
 { of the said parish. 
 
 I Assistant overseer [or 
 
 J collector of rates] for 
 
 ( the said parish.
 
 CHAP, i.] CONSTABLES (PAROCHIAL). 
 
 355 
 
 3. List to be affixed to Church Door. (Id. s. 8.) [No. 2.] 
 Parish of - ^ At a meeting of the inhabitants of this parish 
 in the division of N. Mn vestry, held after due summons, the - day of 
 
 185 . J - , 185 , at - , for the purpose of making 
 
 out a list of - men residing within the said parish, qualified and liable 
 to serve as constables thereof, to be returned to her Majesty's justices of 
 the peace in and for the county of - , acting in and for the said divi- 
 sion, in pursuance of a precept under the hands of two of her Majesty's 
 justices of the peace in and for the said county, acting in and for the said 
 division, 
 
 The following list was made out by the said vestry pursuant to the 
 statute: 
 
 Oke's Synop. 
 2nd ed * P' 372> 
 
 Christian Name and 
 Surname. 
 
 True Place of 
 Abode. 
 
 Title, Quality, Call- 
 ing, or Business. 
 
 Date of the Year of 
 any previous Service. 
 
 , 
 
 
 
 
 And the said vestry did recommend the following men, being willing 
 to serve the office, to be appointed as constables for the said parish : 
 
 Christian Name and 
 Surname. 
 
 True Place of 
 Abode. 
 
 Title, Quality, Calling, or 
 Business. 
 
 
 t 
 
 
 Chairman. 
 
 NOTICE is HEREBY GIVEN, that all objections to the foregoing list will, 
 be heard by the justices of the peace of the division of N. at a special 
 
 petty sessions of the peace, to be held on the day of next, at 
 
 the , in and for the said division. 
 
 i Overseers of the poor 
 
 5 of the said parish. 
 
 4. Notice from one Justice to the other Divisional Justices of the Special 
 Petty Sessions. (Id. a. 1.)] This will be in the General Form No. 3, 
 ante, p. 342, inserting at the asterisk * " for the appointment of paro- 
 
 A A 2
 
 356 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. ehial constables for the several parishes and places within the said 
 2nd ed. pp. 372, division." 
 373. 
 
 5. Notice to Justices of Sessions for the Union of Parishes. (Id. s. 4.)] 
 This will be in the General Form No. 3, ante, p. 342, inserting at the 
 asterisk *, " for the purpose of making an order for uniting the parish [or 
 parishes of], 
 
 [or for annexing the extra-parochial place of ], 
 
 to the parish of , adjoining thereto, by virtue of the power for such 
 
 purpose contained in the statute in such case made and provided for the 
 appointment and payment of parish constables." 
 % 
 From Lumley's 5 a. Order of Special Sessions for the Union of Parishes. (Id. s. 4.) 
 
 County of ^ At a special petty sessions of the peace of her Majesty's 
 
 ^ justices of the peace in and for the county of , acting 
 
 to wit. J in and for the division of , in the said county, holden 
 
 at , in and for the said division, on , the day of 
 
 , in the year of our Lord , for the purpose of making 
 
 the order hereinafter mentioned, 
 
 We, the justices aforesaid, present at the said special petty sessions of the 
 peace holden for that purpose [of which due notice has been given to 
 every justice usually acting within the said division], do, in pursuance of 
 the power and authority vested in us by the statute in such case made and 
 
 provided, hereby order that the parish [or parishes] of , in the said 
 
 division, shall be united 
 
 [or that the extra- parochial place of , in the said division, shall 
 
 be annexed,] ' 
 
 to the parish of adjoining thereunto, for the purposes of the act 
 
 passed in the sixth year of the reign of her present Majesty, intituled, 
 ' An Act for the Appointment and Payment of Parish Constables." Given 
 under our hands and seals at the said special sessions. 
 
 (L.S.) 
 
 (L.S.) 
 
 N.B. A copy of this order is to be sent to the overseers of the parishes 
 
 or extra-parochial place with the Precept No. 1, ante, p. 352. 
 
 6. Memoranda of Allowance of List and Appointments of Persons, to 
 be indorsed at the time of Appointment, fyc. on the- Form No. 2, ante, p. 354.] 
 This list having been duly verified at a [an adjourned] special petty session 
 of the peace, holden in and for this division, at the petty sessions room, in 
 
 Newmarket All Saints, in and for the said division, on this day of 
 
 , 185 , for the appointment of parochial constables, and corrected, 
 
 is allowed by us, the undersigned justices, present thereat. 
 
 The persons against whose names the letter A is placed in the within 
 list, are those which we the said justices do choose to act as constables, 
 within the parish within named, during the year now next following, and 
 until other constables shall be chosen and sworn to act in their stead as 
 constables for the said parish ; such number of persons being deemed by 
 us the said justices to be necessary (having regard to the extent and 
 population of the said parish) to act as constables as aforesaid. As wit- 
 ness our hands. 
 
 Substitutes. The said being unwilling to serve the said office of 
 
 constable in person, and having found one of the said
 
 CHAP, i.] CONSTABLES (PAROCHIAL). 357 
 
 parish, as his substitute, and willing to serve for him, hath this Oke's Synop. 
 
 day of , 185 , attended before us, the undersigned 2nd ed. pp.372, 
 
 justices, assembled at an adjourned special petty session, with 373. 
 his proposed substitute, and we do hereby approve of the said 
 as substitute for the said . As witness our hands. 
 
 Paid Constable. We the said justices, being satisfied with the amount 
 of salary in the within resolution agreed to be paid, do hereby 
 appoint the person mentioned in the said resolution to act as 
 
 constable for the parish within named, at the salary of 
 
 pounds a year; such constable to hold his appointment until 
 he shall resign, or be dismissed for misconduct, by the justices 
 of this division in petty sessions assembled, or until the vestry 
 shall rescind the within resolution at any meeting of vestry 
 holden for making the return of persons qualified and liable to 
 serve as constables for the said parish. As witness our hands. 
 
 7. Summons to Constable to take Oath of Office. (Id. s. 12.) 
 
 To A. B. of the parish of , in the division of N., in the said 
 
 county. 
 County of j Whereas, at a [or an adjourned] special petty session of 
 
 f her Majesty's justices of the peace in and for the said county, 
 
 to wit. j acting in and for the said division, held this day, at the 
 
 in N. in and for the said division, for the appointment of parochial con- 
 stables, you the said A. B. were duly chosen and appointed to act as a 
 
 constable for the said parish of during the year now next following, 
 
 and until another shall be chosen, and sworn to act in your stead as a 
 constable for such parish, 
 
 [or, if a paid constable, to act as a constable for the said parish of 
 , at the salary of pounds a year, to hold your appoint- 
 ment until you shall resign or be dismissed for misconduct by 
 the justices of the said division in petty sessions assembled, or 
 until the vestry shall rescind the resolution for your appoint- 
 ment at any meeting of vestry holden for making the return of 
 persons qualified and liable to serve as constables for the said 
 parish :] 
 These are therefore to command you, in her Majesty's name, to be and 
 
 appear on , at o'clock in the forenoon, at , before us, in 
 
 order that the oath required by the statute in that behalf to be taken by 
 you for the due execution of your said office may be administered by us 
 to you, and that you may take upon yourself the said office.* Given 
 under our hands and seals, at the special petty session aforesaid. ' 
 
 J. T. P. (L. s.) 
 J. D. (L. s.) 
 
 Take notice, that if you neglect to attend and be sworn as a constable, 
 or to find a substitute, you will be liable to a penalty not exceed- 
 ing ten pounds. 
 
 8. Form of Constable's Oath. (Id. 8. 12.) 
 
 I, A. B., of C., do swear that I will well and truly serve our sovereign 
 lady the Queen in the office of constable for the parish of D. [or parishes 
 of D. E. &c.], for the year now next following, [or until another constable 
 shall be sworn in my stead,] according to the best of my skill and know- 
 ledge. So help me GOD.
 
 358 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 9. Certificate, of Appointment of Constable, and of Oath of Office. 
 
 2nd ed. pp. 372, County of 1 At an adjourned special petty session of her Majesty's 
 
 373- ^justices of the peace in and for the county of , acting in 
 
 to wit. j and for the division of , in the said county, holden at 
 
 the , in , in and for the said division, on Tuesday, the 
 
 day of , in the year of our Lord 185 , for the pur- 
 pose of swearing in constables, appointed under and by virtue 
 of the statute passed in the session of parliament, held in the 
 fifth and sixth years of the reign of her present Majesty, inti- 
 tuled, " An Act for the Appointment and Payment of Parish 
 Constables," 
 
 We, the Rev. J. T. B., clerk, and J. D. and S. Y. B., Esquires, the 
 justices aforesaid, present at the said adjourned special petty session, do 
 hereby certify, that at a [or an adjourned] special petty session of her 
 Majesty's justices of the peace in and for the said county acting in and 
 
 for the said division, held at the , on the day of last, for 
 
 the appointment of parochial constables, A. B., of the parish of , in 
 
 the said division [labourer],* was duly chosen by the said last-mentioned 
 
 justices to act as a constable for the said parish of during the year 
 
 now next following, and until another shall be chosen and sworn to act in 
 his stead as a constable for such parish. 
 
 If a paid constable, proceed from the asterisk : * " was duly appointed 
 by the said last-mentioned justices to act as a constable for the 
 
 said parish, at the salary of pounds a year ; to hold his 
 
 appointment until he should resign, or be dismissed for mis- 
 conduct by the justices of this division in petty session assem- 
 bled, or until the vestry should rescind the resolution for his 
 appointment, at any meeting of vestry holden for making the 
 return of persons qualified and liable to serve as constables for 
 the said parish." 
 
 If a substitute, proceed from the asterisk :* "was duly approved of 
 by the said last-mentioned justices, as a substitute for one C. D., 
 of the said parish [fanner], who was theretofore duly chosen to 
 act as a constable for the said parish during the year now next 
 following, and until another shall be chosen and sworn to act 
 in his stead as a constable for such parish." 
 
 And that we the said justices, assembled as aforesaid, have, in pur- 
 suance of the statute above mentioned, this day caused the oath required 
 by the same statute to be duly administered to him [the said A. B]. 
 
 As witness our hands and seals at the adjourned special petty session 
 aforesaid. 
 
 [Justices' signatures and seals.]
 
 CHAP, i.] CONSTABLES (PAROCHIAL). 
 
 359 
 
 10. Form of entering Constables appointed in " The Special Sessions 
 Book" (a). 
 
 27th March, 1849. 
 
 County of C. J At a special petty session held this day, pursuant to 
 precepts and due notice, the overseers were sworn to 
 their returns, and the following persons were ap- 
 pointed or certified as continuing to act as constables 
 for the several parishes respectively under which 
 their names are placed in the table underneath. 
 
 Bounty of C. V 
 ivision of N. ) 
 
 Oke's Synop. 
 2nd ed. pp. 372, 
 373. 
 
 Parishes. 
 
 Persons 
 appointed. 
 
 Title, Quality, 
 Calling or 
 Business. 
 
 Date appointed, 
 and by whom. 
 
 When sworn in and before whom. 
 If paid Constable, the Salary, 
 and when appointed. 
 
 A 
 
 F. N 
 
 Land surveyor 
 
 1848 
 
 
 B 
 D 
 
 J. G 
 
 R. O., sub- 
 stitute for 
 W. F. 
 G. A 
 
 Carpenter .... 
 Labourer .... 
 
 Labourer .... 
 
 27th Mar. 1849, 
 J.D.andJ.T.B. 
 n 
 
 1845 
 
 Same day, J. D. and J. T. B. 
 
 3rd April, 1849, J. T. B. and 
 J. D. M. 
 
 J 
 
 J.E 
 
 Fish dealer .... 
 
 3d April, 1849, 
 J. T. B. and 
 J. D. M. 
 
 of a year. 
 Salary a year. Sworn in 
 10th April, 1849, J.T. B. and 
 J. D. 
 
 11. List of Constables appointed for Church Door. (Id. s. 14.) 
 
 Division of N. parish of B. 1849. 
 
 A list of the names of the constables duly appointed by her Majesty's 
 justices of the peace in and for the county of Cambridge, acting in and 
 for this division, for this parish, for the year now next following, and 
 until others shall be chosen and sworn to act in their stead as constables 
 thereof, [or of those previously appointed and continuing in office], that is 
 to say : 
 
 J. G. Carpenter. 
 
 R. O. (substitute for W. T.), Labourer. 
 
 i Overseers of the Poor of 
 
 $ the said Parish. 
 
 Dated April, 1849. 
 
 I. G. and B., Clerks to the Justices of the said 
 Division. 
 
 (a) Vide note (a), ante, p. 343.
 
 360 
 
 Other Proceedings out of Sessions. [PART in. 
 
 2nded. pp.372, 
 373. 
 
 Oke's Synop. 12. List of Constables appointed. (For Clerk of the Peace and Justices.) 
 
 (Id. s. 14.) 
 
 1849. 
 
 A list containing the names of all constables appointed 
 in the said division for the year now next following, 
 at a special petty session of her Majesty's justices of 
 the peace in and for the said county, acting, in and 
 for the said division, holden at the petty sessions 
 room in Newmarket All Saints, in and for the said 
 division, on the twenty-serenth day of March, and by 
 adjournment on the third day of April, in the year 
 of our Lord one thousand eight hundred and forty- 
 nine, for that purpose, with the several parishes for 
 which they have been appointed, as also the paid con- 
 stables and those previously appointed and continuing 
 in office. 
 
 County of 
 Cambridge. 
 
 Division of 
 Newmarket. 
 
 Parishes. 
 
 Names of Constables. 
 
 Whether paid Constables 
 or otherwise. 
 
 A 
 
 F. N 
 
 
 B 
 
 J. G . 
 
 1848, and continuing in of- 
 fice. 
 
 D 
 J 
 
 R. O., substitute for 
 W. F. 
 G. A 
 
 J. E 
 
 Paid constable appointed 1845, 
 and continuing in office at a 
 salary of a year. 
 
 
 
 a year. 
 
 I. G. and B., Clerks to the Justices of the said Division. 
 To C. P., Esquire, Clerk of the Peace for the County of C. 
 [or Reverend J. T. B., Clerk, Justice of the Peace.] 
 
 13. Summons to the Constable to serve on Vacancy of the Substitute. 
 
 (Id. s. 16.) 
 
 To W. F., of the parish of B., in the county of C. 
 County of! Whereas at a special petty session of her Majesty's justices 
 
 > of the peace in and for the said county, ac{jng in and for the 
 
 to wit. ) division of N., held at the , in and for the said division, 
 
 on the twenty-seventh day of March last, for the appointment of parochial 
 constables, you the said W. F. were duly chosen to act as a constable for 
 the parish of B. aforesaid during the year then next following, and until 
 another shall be chosen and sworn to act in your stead as a constable 
 for such parish : And whereas you did attend before the justices at their 
 
 [adjourned] special petty session held on the third of April last, at the 
 
 aforesaid, and did propose one R. O. of B. aforesaid as your substitute, 
 who was approved of by the said justices and sworn to act in your stead 
 as constable for the said parish : And whereas the said R. O. is now 
 dead [or become disqualified], as we have been duly informed : These are 
 therefore [fyc. proceed to the asterisk* in Form No. 7, ante, p. 357, and then 
 add~\, during the remainder of this present year of office. 
 
 Given under our hands and seals at a petty sessions of the peace holden
 
 CHAP, i.] CONSTABLES (SPECIAL). 361 
 
 in and for the said division of N., at the aforesaid, this day of Oke's Synop. 
 
 , in the year of our Lord . J. T. B. (L. s ) 2nd ed. pp.372, 
 
 A. C. (L. s.) 373. 
 
 14. Choice of new Constable during the Year of Office. 
 
 County of C. ) At a special petty session (a) of her Majesty's justices of 
 
 to wit. I the peace in and for the county of C., acting in and for 
 
 the division of N., in the said county, holden at the 
 
 in N., in and for the said division, on the 
 
 day of , in the year of our Lord , for 
 
 the appointment of parochial constables, 
 
 We the undersigned, the justices present at this special petty session, do, 
 by virtue of the power vested in us by the statute in such case made and 
 provided, choose out of the list of persons duly qualified to serve the office 
 of constable in the parish of D. in the said division, returned to the jus- 
 tices in special petty sessions for the said division, on the day of , 
 
 , by the overseers of the poor of the said parish, and then duly 
 
 allowed and now in force, C. D., of the said parish of D., to serve the 
 office of constable during the remainder of this present year of office, one 
 A. B , who was at the last named special petty session duly chosen to act 
 as a constable within the said parish during the year now and then next 
 following, and until another constable should be chosen and sworn to act 
 in his stead, being disqualified, [or having since become disqualified, or 
 hath refused or wilfully neglected to attend and be sworn or to find a 
 substitute, or having died.] 
 
 Given under our hands and seals at the special petty session aforesaid. 
 
 [Justices' signatures and seals.] 
 
 CONSTABLES (SPECIAL). 
 
 1. Justices' Clerk's Notice convening a Special Sessions for making Oke's Synop. 
 Orders for Payment to Constables. (1 & 2 Will. 4, c. 41, s. 13.)] Pro- 2nded. p. 384. 
 ceed to the asterisk* in the General Form No. 4, ante, p. 342, and there 
 insert : the purpose of making orders on the treasurer of the said county 
 for payment of such reasonable allowances for the trouble, loss of time 
 and expenses incurred by J. N. a [or J. N., N. O. and P. T.] special 
 
 constable appointed on the day of , for the parish of , in 
 
 the said division, as to the justices then assembled shall seem proper. 
 
 2. Justices' Order in Special Sessions for Expenses, fyc. (Id.) 
 
 To the Treasurer of the public stock of the said county of C. 
 
 County of C. ) At a special sessions, held at the in N , in and 
 
 to wit. 5 f r l ^ e sa 'd count y> on the day of , 1 8 , for 
 
 the purpose hereinafter mentioned, 
 
 We the undersigned, being of her Majesty's justices of the peace 
 
 for the said county, acting in and for the division of N. in the same 
 county, and the major part of the justices present at such special sessions, 
 do, in pursuance of the power vested in us by the statute in this behalf 
 made and provided, hereby order you, the said treasurer, to pay to * J. N., 
 being a person duly appointed a special constable to serve in and for the 
 
 parish of M., in the said division and county, the sum of for his 
 
 trouble, loss of time and expenses incurred by him on the day of 
 
 [or on divers days between the day of and the day of 
 
 (a) This special petty session must be convened in the same way as the original 
 one.
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. ] in the year aforesaid, at the parish of M. aforesaid, when and where 
 
 2nd ed. p. 384. he served as such special constable, being such reasonable allowance for 
 the same as to us the said justices seems proper, + 
 
 t Referred to in [ or \ff ar s ^ aves su y^ the sum of , being the expenses incurred in 
 
 tit. Railways, providing him [or them] with staves, [or as the case may be], 
 
 post. being a necessary article for his [and their] use as such special constable 
 
 [or constables] . 
 
 Given under our hands and seals at the special sessions aforesaid. 
 
 [Justices' signatures and seals.] 
 
 3. The like, where Payment is to be made to the Clerks of the Justices 
 for them to distribute (adapted from J. Stone's Petty Sessions by Westoby, 
 5th ed. p. 424.)] Proceed as in No. 2, supra, to the asterisk*, then : 
 Messieurs I. G. and B., our clerks, the sum of two pounds twelve shil- 
 lings and sixpence, as a reasonable allowance to the several persons whose 
 names are written in the schedule hereunder written for their trouble, loss 
 of time and expenses for and in respect of their services as special con- 
 stables under and by virtue of the said act ; and also the further sum 
 of one pound two shillings and sixpence for and in respect of the expenses 
 incurred in providing staves and other necessary articles for such special 
 constables; And we do further order and direct, that such several sums, 
 when paid to the said I. G. and B. as aforesaid, shall be distributed and 
 paid by them to the said several persons, and in the respective proportions 
 mentioned and set forth in the said schedule hereunder written. 
 
 The Schedule above referred to. s. d. 
 
 J. N. five days, at 3s. 6d. per day 0176 
 
 N. O. ditto 0176 
 
 P. T. ditto 0176 
 
 s. d. 2 12 6 
 J. N. for staff of ofBce 3s. 6d., justices' 
 
 clerks' fees paid on being appointed 4s. 7 6 
 
 N. O. ditto 076 
 
 P. T. ditto ,076 
 
 Given, &c. [as in No. 2, supra.] 
 
 126 
 
 3 15 
 
 Oke's Synop. 
 2nd ed. p. 373. 
 
 GAME. 
 
 1. Notice of Special Sessions. (1 & 2 Will 4, c. 32, s. 18 ; 2 & 3 Viet. 
 c. 35, s. 4.)] This will be in the General Form No. 3, ante, p. 342, in- 
 serting at the asterisk,* for the purpose of granting licences to deal in 
 game to persons duly qualified so to do, according to the statute in such 
 case made and provided. 
 
 2. Licence to deal in Game. (Schedule to 1 & 2 Will. 4, c. 32.) 
 
 At a special session of the justices of the peace of the county of 
 
 [or riding, &c., as the case may be], acting for the division 
 
 of [or otherwise as the case may be], in the said county, 
 
 holden at the , at , in the said division [or as the case 
 
 may be], on the day of , in the year of our Lord one 
 
 thousand eight hundred and , 
 
 We, the undersigned, being the majority of the justices acting for the
 
 CHAP, i.] GAME HIGHWAYS. 363 
 
 said division, assembled at the said special session, do hereby authorize Oke's Synop. 
 and empower A. B. [or A. B. and C. D. being partners], of the parish 2nd ed. p. 373. 
 of D., in the said division, being a householder [keeper of a shop or stall], 
 to buy game from any person authorized to sell game, by virtue of an act 
 passed in the second year of the reign of King William the Fourth, inti- 
 tuled, " An Act to amend the Laws in England relative to Game ;" and 
 we do also authorize and empower the said A. B. to sell at his house, 
 shop or stall any game so bought : Provided that the said A. B. shall 
 affix to some part of the outside of the front of his house, shop or stall, 
 and shall there keep a board having thereon, in clear and legible characters, 
 his Christian and surname, together with the following words, " Licensed 
 to deal in Game." 
 
 This licence will expire on the day of , one thousand eight 
 
 hundred and -. 
 
 Justice of the Peace. 
 
 Justice of the Peace. 
 
 Justice of the Peace. 
 
 HIGHWAYS. 
 
 1. Notice of Special Sessions for appointing Special Sessions for the Oke's Synop. 
 Highways for the Year ensuing.'] This will be in the General Form, 2nd ed. p. 373. 
 No. 3, ante, p. 342, inserting at the asterisk,* for the purpose of ap- 
 pointing the days and place or places of holding not less than eight nor 
 more than twelve special sessions for the highways, in and for the said 
 division, in the year then next ensuing, for executing the purposes 
 of the statute passed in the session of parliament held in the fifth and 
 sixth years of the reign of his late Majesty King William the Fourth, 
 intituled, " An Act to consolidate and amend the Laws relating to High- 
 ways in that part of Great Britain called England," according to the form 
 of the statute aforesaid. 
 
 2. Justices' Appointment of Special Sessions for purposes of Highways. 
 (5 & 6 Will. 4, c. 50, s. 45.) (a) 
 
 N., 27th March, 1849. 
 
 At a special session for the highways in this division, held this day, the 
 several days hereinafter mentioned were appointed for holding special 
 
 sessions for the highways for the year ensuing, at the , in N., at the 
 
 hour of twelve at noon of each day, that is to say, 
 
 [here state the days.~\ 
 
 Given under our hands and seals the day and year first above written. 
 
 J.T. B. (L. B.) 
 
 J. D. (L..) 
 
 3. Justices' Clerks' Notice to Parish Officers of Special Sessions (6). 
 To the surveyors of the highways of the parish of D., in the division 
 
 of N., in the said county. 
 County of } We do hereby give you notice that her Majesty's justices 
 
 Sof the peace, acting in and for the said county, present at a 
 
 to wit. /special sessions for the highways, held in and for the said 
 division, on this day have duly appointed the several days hereinafter 
 mentioned for holding special sessions for the highways, and for executing 
 
 (a) The constables, overseers and churchwardens, as well as the surveyors, 
 should have one of these notices. 
 
 (6) This should be written in the "The Special Sessions Book," vide note 
 (a), ante, p. 343.
 
 364 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. the purposes of the statute, made and passed in the fifth and sixth years 
 2nd ed. p. 373. of the reign of his late Majesty King William the Fourth, relative to the 
 
 highways, for the ensuing year, to be held at the in , in the 
 
 said division, at the hour of twelve at noon of each day ; that is to say, 
 
 On Tuesday, the day of April next, 
 
 On Tuesday, the day of May next, 
 
 On Tuesday, the day of June next, 
 
 On Tuesday, the day of July next, 
 
 On Tuesday, the day of August next, 
 
 On Tuesday, the day of September next, 
 
 On Tuesday, the day of October next, 
 
 On Tuesday, the day of November next, 
 
 On Tuesday, the day of December next, 
 
 On Tuesday, the day of January, 18 . 
 
 On Tuesday, the day of February, 1 8 . 
 
 On Tuesday, the day of March, 18 . 
 
 Dated this day of March, 18. 
 
 T n A -D 5 Clerks to the justices of the 
 1., (j. and D. \ -j j- 
 
 I said division. 
 
 4. Precept to High Constable to summon Surveyors to pass Accounts 
 and make Return oj State of Roads, $c.~] Proceed to the asterisk* in the 
 General Form, No. 1, ante, p. 341, and then: you forthwith to issue your 
 precepts to the surveyors of the highways of the several parishes [or 
 townships] within your said hundred, according to the form respectively 
 hereunto annexed. Given, &c. [as No. 1, ante. p. 341.] 
 
 5. High Constable's Precept to Surveyors. 
 To the surveyors of the highways of the parish of C., in the hundred 
 
 of C., in the said county. 
 
 County of "} In pursuance of a precept to me directed, under the hands 
 
 C., >and seals of two of her Majesty's justices of the peace in and 
 
 to wit. 3 for the said county, acting in and for the division of N., I do 
 
 hereby give you notice, that a special sessions for the highways will be 
 
 held at the , in N., in and for the said division, on , the 
 
 day of next, at the hour of twelve at noon, when and where you are 
 
 required to appear and produce your accounts, and verify the same on 
 oath before the justices then and there present, and at the same time 
 deliver to the said justices the name and residence of the person appointed 
 to succeed you as surveyor, and also to make a return in writing to such 
 special sessions of the state of all the roads, common highways, bridges, 
 causeways, hedges, ditches, and watercourses appertaining thereto, and of 
 all nuisances and encroachments (if any) made upon the several highways 
 within your said parish, as well as the extent of the different highways 
 which your said parish is liable to repair, what part thereof has been 
 repaired, and with what materials, at what expense, and what was the 
 amount levied during the time you were surveyor of the said parish, 
 according to the form hereunto annexed. Given under my hand, the 
 day of , A.D. 18. W. Y., High Constable. 
 
 6. Schedule (annexed thereto) to bejllled up by the Surveyors of Highways, 
 and presented by them with their Accounts to the Magistrates. In 
 Schedule to Act. 
 
 State of the Roads and Highways 
 
 Bridges 
 
 Causeways . ; 
 
 Hedges and Ditches 
 
 Watercourses
 
 CHAP, i.] HIGHWAYS. 365 
 
 State all nuisances Oke's Synop. 
 
 all encroachments 2nd ed. p. 373. 
 
 the extent of roads and highways the parish is > 
 
 liable to repair J 
 
 what portion thereof has been repaired, and 
 
 where 
 
 what materials were used for such repairs . . 
 
 the expense of such repairs 
 
 the amount levied during the year 
 
 7. Allowance of Accounts. (Id. s. 45.) 
 
 County of C. } Verified on oath before and allowed by us, her Majesty's 
 
 to wit. $ justices of the peace of and for the said county of C., at 
 
 a [or an adjourned] special sessions for the highways (being the special 
 
 sessions next after the 25th day of March), holden for the division of N. at 
 
 N., in the same county and division, this day of , 18 . J. S. 
 
 J.P. 
 
 8. Justices' Clerks' Statement from Accounts of Surveyors for Secretary 
 of State. (Form given in 12 & 13 Viet. c. 35.) 
 
 GENERAL STATEMENT of the RECEIPTS and EXPENDITURE on account 
 
 of the HIGHWAYS of the parish [township, hamlet, &c.] of , in the 
 
 county of , for the year ending 25th March, 18, as appearing from 
 
 the accounts of , surveyor of highways for the said parish [township, 
 
 hamlet, &c.], allowed by the justices at a special session for the highways, 
 holden at , on the day of . 
 
 RECEIPTS. s. d. 
 
 Balance in hand (if any) from last account . . * . . . . 
 
 Rates or assessments received in money 
 
 Value of team labour performed by rate payers in lieu of rates 
 Value of other work performed by rate payers in lieu of rates 
 
 Receipts from turnpike trusts (if any) 
 
 Other receipts 
 
 Total income . . 
 
 EXPENDTIURE. S. d. 
 
 Balance overpaid (if any) on last account 
 
 Paid for manual labour 
 
 for team labour (in money) 
 
 for materials 
 
 for tradesmen's bills . . . , . 
 
 for salaries 
 
 Value of team labour performed by rate payers in lieu of rates 
 Value of other work performed by rate payers in lieu of rates 
 
 Payments to turnpike trusts (if any) 
 
 Other payments 
 
 Total expenditure . . . . 
 
 Leaving, on the 25th March, 18 , a balance of, in hand, 
 [or overspent, as the case may be]
 
 366 
 
 Other Proceedings out of Sessions. [PART in. 
 
 oi <2 --d 
 oo TH -c -a a> 
 . oo BS n f 
 
 O i-H CL, 03 .5 
 
 tjr O 
 
 ^T"3 g gj > 
 
 *K S fl) _Q eg 
 
 "^ ^ ^ CO *^ 
 
 ! *lfs 
 
 1 i 1 * 
 
 o ^ 5 o 
 
 ( 3 'S ^ 
 
 5o a m 
 K V D-U3 
 
 .s| T|| ^ 
 
 4% a S 1 ^ 
 
 H* M CJ _C J3 
 
 c o E 
 
 i sl^J 
 
 J a*^& 
 c-^11p 
 
 * 11 rs 
 
 ,;> * >G 
 
 u w ** 
 
 <u "o r 2 
 
 frfl.|. 
 
 **~> " S* 
 
 ^ "S^S c * 
 c5 || 
 
 RECEIPTS. 
 
 Other 
 Receipts. 
 
 
 O 
 
 Balance in Hand, 
 or Overspent. 
 
 
 From 
 Turnpike Trusts. 
 
 
 EXPENDITURE. 
 10 - 11- 12. 13. 14. 15. 16. 17. 18. 19. 
 
 |1 
 
 
 Value of 
 other Work 
 performed 
 by Rate Payers. 
 
 
 4| 
 
 
 Value of 
 other Work 
 perfoihied by 
 Rate Payers. 
 
 
 Value of 
 Team Labour 
 performed 
 by Rate Payers. 
 
 
 Value of 
 Team Labour 
 performed by 
 Rate Payers. 
 
 
 Rates, &c. 
 received in 
 Honey. 
 
 
 t-t '~ 
 
 
 Balance in 
 hand from last 
 Account. 
 
 
 For 
 Tradesmen's 
 Bills. 
 
 
 Ill 
 
 3 o> o 
 
 
 i- 
 
 | 
 
 
 l^.s 
 
 
 OS S 'S 
 
 a| 
 
 
 s || 
 
 
 jq 
 1 
 
 
 ^ 

 
 CHAP, i.] HIGHWAYS. 367 
 
 10. Appointment of Surveyor by Justices, where Vestry have not done so, Oke's Synop. 
 Sfc. (Id. s. 11. (Given in Act.) 2nd ed. p. 373. 
 
 1 At a special sessions for the highways, held at , in the 
 
 to wit. i division, &c. of , by , justices "of thp peace for the said 
 
 county, acting within the said division, &c., on the day of 
 
 Whereas it hath appeared to us the said justices, on the oath of 
 
 A. B., an inhabitant of the parish of , that the inhabitants of the 
 
 said parish in vestry assembled have neglected [or refused] to nominate 
 and elect a surveyor in manner and for the purposes mentioned in a 
 certain act, made and passed in the fifth and sixth years of the reign 
 of King William the Fourth, intituled " An Act," &c. [here set out title 
 of act (a)], [or that the surveyor appointed by the inhabitants of the said 
 parish is dead, or has ceased to possess the qualification required by the 
 said act, or has become disqualified, or has neglected to act, or has refused 
 to carry into operation the duties imposed upon him by the said act], we 
 
 do therefore hereby appoint you C. D. of , surveyor for such parish, 
 
 for the year ensuing for for the space of ], with the salary of 
 
 for your trouble ; and you the said C. D. are faithfully and truly to execute 
 the office of surveyor, according to the directions of the said statute. 
 Given under our hands the day and year first above mentioned. 
 To C. D. E. F. 
 
 G. H. 
 
 11. Information on Oath, where Road out of repair, against Surveyor 
 to show cause. (Id. s. 94.)] Proceed as in the General Form No. 1, 
 ante, p. 23, and then .-that a certain highway, situate in the said parish 
 
 of , in the division of N., in the said county, called, &c. {here insert 
 
 a description and length of road, as : beginning at a certain place there 
 
 situate, called , and extending from thence towards a certain other 
 
 place called , and containing in length yards, and in breadth 
 
 yards], was then and still is out of repair, the said part of the said 
 
 highway being ruinous, miry, deep, broken, and in great decay [or as the 
 case may be], and that E. F. and G. H., the surveyors of the highways 
 of the said parish of , are chargeable with the repair of the said high- 
 ways *. 
 
 12. Summons to the Snrveyors to thow cause. (Id. s. 94.)] Proceed 
 as in the General Form No. 8 (A), ante, p. 26, reciting Ike Information, 
 Form No. 10, supra, and after the date of appearance say, " at a special 
 sessions for the highways, in and for the said division." 
 
 13. Order of Justices directing an Indictment to be preferred. (Id. s.95.) F rom ghelford, 
 
 County of C. > At a special sessions for the highways, held at the 2nd ed. p. 233. 
 
 to wit. i in N., in and for the division of N. in the said county, by 
 her Majesty's justices of the peace for the said county, and 
 
 acting within the said division, on , the day of , 
 
 A.D. 1850. 
 
 Whereas, on the day of last, information on oath was 
 
 made unto J. S., Esquire, one of her Majesty's justices of the peace 
 in and for the said division, by C. D. of , in the same division, 
 
 (a) " An Act to consolidate and amend the Laws relating to Highways in 
 that Part of Great Britain called England."
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. farmer, that a certain highway, situate in the parish of , in the 
 
 2nd ed. pp. 373, said division called, &c. [recite Information No. 11, supra, to the 
 374. asterisk*']: And whereas the said E. F. and G. H., the surveyors of 
 
 the highways of the said parish of , have this day appeared before 
 
 us J. S. and J. L. ^Esquires, two of her Majesty's justices of the peace 
 in and for the said division, present at this special sessions, in pursuance 
 of a summons issued for that purpose by the said J. S., and we, the said 
 justices, having proceeded to hear the said summons, and the duty and 
 obligation of repairing the said highway being denied before us by the 
 said E. F. and G. H., as such surveyors as aforesaid, on behalf of the 
 
 inhabitants of the said parish of , we the said justices, in pursuance 
 
 of the act of parliament in that behalf made, hereby direct a bill of indict- 
 ment to be preferred, and the necessary witnesses in support thereof to be 
 subpoenaed, at the next general quarter sessions of the peace, to be holden 
 in and for the said county, against the inhabitants of the said parish, for 
 suffering and permitting the said highway to be out of repair. 
 
 Given under our hands and seals, at the special sessions aforesaid. 
 
 J. S. (L.S.) 
 J. L. (L.S.) ' 
 
 14. Justices' Appointment of Person to view and report on Highway. 
 
 (Id. s. 94.) (a). 
 
 [Caption as in Form No. 13, supra.] 
 
 Whereas, &c. [recite information as in Form No. 13, supra, then the 
 surveyor's -appearance or non-appearance as follows :] and whereas the 
 said E. F. and G. H., the surveyors of the highways of the said parish of 
 , have been duly summoned to appear here to answer the said infor- 
 mation, and doth not appear accordingly, but the due service on him of 
 the said summons is now here proved on oath before us J. S. and J. L., 
 Esquires, two of her Majesty's justices of the peace in and for the said 
 division, present at this special sessions, and it being duly proved to us the 
 said justices, and we find that the said E. F. and G. H. are the surveyors 
 
 of the highways of the said parish of , and that the same parish ought 
 
 of right to repair the said highway complained of, and the obligation to 
 repair it not being in question, we therefore proceeded herein according 
 to the statute in that behalf, and do* appoint J. S., of &c., a competent 
 person in this behalf, to view the same highway and report thereon to the 
 justices at an adjournment of this special sessions for the highways to be 
 
 holden at the place first above-named on the day of next; 
 
 and we direct the said surveyor and the said informant to attend at the 
 same time and place. 
 
 Given, &c. [as in No. 13, supra.] 
 
 15. Order for Justices themselves to view. (Id.)] Proceed as directed 
 
 in Form No. 14, supra, to the asterisk*, then: fix the 
 
 day of next, at the hour of in the forenoon, on which two 
 
 of us, namely, J. T. B., Clerk, and J. D., Esquire, will attend to view 
 the said highway complained of, and we adjourn this special sessions to 
 the same time and to , being contiguous to the said highway, to 
 record the said view ; and we direct the said surveyor and the said in- 
 formant to attend at the same time and place. 
 
 Given, &c. [as in No. 13, supra.] 
 
 (a) This and the following forms have been adapted from those given in 
 " The Bench Formulist."
 
 CHAP, i.] HIGHWAYS. 369 
 
 Oke's Synop. 
 16. Justices Order to repair Highway. (Id.) 2nd ed. p. 374. 
 
 [Caption of" adjourned" special sessions as in Form No. 13, supra.~] 
 
 Whereas, &c. [recite Information us in Form No. 13, supra, then the 
 
 surveyor's appearance or non-appearance, as in No. 14, supra, t/ien :] and 
 
 the said justices in special sessions for the highways, on the day last 
 
 named, duly found that the said E. F. and G. H. were the surveyors of 
 
 the highways of the said parish of , and that the same parish ought 
 
 of right to repair the said highway complained of, and the obligation to 
 repair it not being in question, the said justices, according to the statute 
 in that behalf, did appoint J. I., of &c., [or did fix, &c., as the case may 
 be] : and now here the said E. F. and G. H., and the said C. D. the in- 
 formant, attend the said J. I. also attends and reports to us [state his 
 report], 
 
 [or now here upon the view of the said justices so appointed] ; 
 and after hearing both parties and their evidence on oath, and on consi- 
 deration of the said matter, we find that the said highway so complained 
 of is not in a state of thorough and effectual repair, and that the said 
 E. F. and G. H. are still such surveyors as aforesaid, and we have there- 
 fore convicted the said E. F. and G. H. in the joint penalty of for 
 
 the said offence (a) : and for ensuring the speedy reparation of the said 
 
 highway, we appoint the period or term of , within which period or 
 
 term the said highway so complained of, shall be thoroughly and effectually 
 repaired by the said surveyors according to the said statute in that behalf: 
 
 and we further adjourn this special sessions to the day of next, 
 
 at the , in the said division and county, for the said J. I. further to 
 
 report. 
 
 [or for two of us the said justices further to view and record] 
 whether the said repairs are duly and effectually made : and we direct the 
 said surveyors and the said C. D., the informant, to attend at the same 
 time and place. 
 
 Given, &c. [as in No. 13, supra.] 
 
 17. Information on Oath on disobedience of the last Order. (Id.)] 
 Proceed as in the General Form No. 1, ante, p. 23: that by an order 
 
 made by , justices of the peace for the said county, and acting in and 
 
 for the said division, at an adjourned special sessions for the highways 
 
 holden on the day of last, at the in N. in the said county 
 
 and division, upon the report of J. I. (a competent person who had been 
 duly appointed to view and report upon the after-mentioned highway], 
 
 [or upon the view of , two of her Majesty's justices of the peace 
 
 for the said county acting for the said division,] 
 
 it appeared to the justices at the said special sessions that a certain high- 
 way [describe it] was not in a state of thorough and effectual repair, and 
 for ensuring the speedy reparation of the said highway so complained of, 
 the said justices, at the said adjourned special sessions appointed the period 
 of [state the order N o. 1 6, supra, to the end] ; yet the said surveyors have 
 neglected and made default in making the said repairs within the time so 
 limited, and the said highway so complained of is still out of repair, and 
 that the sum of will be requisite for effectually repairing the same. 
 
 18. Summons thereon ] This will be similar to Form No. 12, ante, 
 p. 367, reciting Information No. 17, supra. 
 
 (o) The Conviction would be in the General Form No. 39 (I.I), ante, p. 38. 
 
 BB
 
 370 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 19. Justices' Order to pay Money for Repairs. (Id.)] This will be 
 
 2nd ed. p. 374. j n the General Form No. 44 (K. 1), ante, p. 42, placing a caption as in 
 
 Form No. 13, ante, p. 367, at the top, and reciting Information No. 17, supra. 
 
 N.B. This order may be enforced by the General Forms No. 66 
 
 (N. 2) 71, ante, pp. 5759. 
 
 20. Order of Justices fixing Rate for carrying Materials by Rate Payers. 
 (Id. s. 35.) 
 
 [Caption as in Form No. 13, ante, p. 367.] 
 
 We, the undersigned justices, present at the said special sessions (being 
 our first meeting in special sessions for the highways after the twenty-fifth 
 day of March in this year) do hereby fix the underwritten rate after 
 which the rate payers of the parish of , in the said division, shall be 
 paid by the surveyors of the highways thereof during the current year for 
 the carrying of the material which maybe required by the said surveyors 
 for the repairs of the highways of the said parish or for taskwork therein, 
 that is to say : 
 
 s. d. 
 
 For every cubic yard of material so carried for the 
 
 purpose aforesaid one mile, the sum of ... 
 
 For every cubic yard of material so carried for the 
 
 purpose aforesaid two miles, the sum of ... 
 
 For every cubic yard of material so carried for the 
 
 purpose aforesaid three miles, the sum of . . 
 
 and the like in proportion for every cubic yard of material so carried as 
 aforesaid for any less distance than a mile. 
 
 Given under our hands and seals at the special sessions above written. 
 
 J. T. B. (L.S.) 
 J.D. (L.S.) 
 S. Y. B. (L.S.) 
 
 Adapted from 21. Notice by Surveyor of intention to take Meterials out of inclosed 
 Shelt'ord, 2nd or O p en field Lands. (Id. s. 53.)] I, A. B. surveyor of the'highways 
 
 ed. p. 220. O f (jjg parish of , in the county of , do hereby give you notice 
 
 and require you to appear before her Majesty's justices of the peace act- 
 ing in and for the said county, at the , in N. on the day of 
 
 next, at a special sessions for the highways to be then and there 
 
 holden, to show cause why materials for making [or repairing] the high- 
 way situate at , and called , shall not be dug, taken, and carried 
 
 away out of and from certain inclosed land [or grounds and premises], 
 [or under 4 # 5 Viet. c. 51, certain open field land occupied exclu- 
 sively for agricultural purposes], 
 
 situate at , in the county of , and called close, of which 
 
 you are the owner and occupier respectively, (that is to say) from and out 
 of the north-west corner of the said inclosure of land adjoining to [as the 
 case may 6e,] according to the directions of an act passed in the session of 
 parliament held in the fifth and sixth years of the reign of his Majesty 
 King William the Fourth, intituled " An Act" [see title in note(a~) to 
 Form No. 10, ante, p. 367.] 
 
 Dated this day of , 185. 
 
 A. B. Surveyor. 
 
 To Mr. I. K., the owner, and Mr. L. M. 
 the occupier, of the lands above-mentioned. 
 
 22. Consent of Occupier and Owner instead of obtaining Justices' Li- 
 cence.'] I, J. K., [or N. O. the agent of ] the owner of the lands within-
 
 CHAP, i.] HIGHWAYS. 371 
 
 mentioned, do consent and authorize the surveyor of the highways of the Oke's Synop. 
 
 parish of within named, to dig, take, and carry away out of and 2nd ed. p. 374. 
 
 from the said lands the materials required for the purpose within men- 
 tioned, the said surveyor making satisfaction for the same, and also for the 
 damage done to such lands, in the manner directed by the act of parlia- 
 ment in that behalf. 
 
 Dated the day of , 185. J. K. 
 
 Witness, N. O. 
 
 I, L. M., the occupier of the lands within mentioned, do also give the 
 like consent and authority. L. M. 
 
 23. Licence from Justices at Special Sessions to dig, fyc. Materialt. (Id. 
 s. 53). In Sched. to Act. 
 
 To the surveyor of the parish of , in the hundred of , in 
 
 the said county. 
 
 J Whereas by an act passed in the fifth and sixth years of the 
 
 to wit. S reign of King William the Fourth, intituled " An Act," &c. [here 
 set out title of act,] the surveyor is authorized to dig, get, take, and carry 
 away materials lying upon any lands or grounds within the parish for 
 which he is appointed, for the use and benefit of the highways, but not 
 without the consent of the occupier or owner of such lands or grounds, 
 or his agent, or a licence from the justices at a special sessions for the 
 
 highways : And whereas it appears to us , her Majesty's justices of 
 
 the peace for the said county, and acting within the said [hundred, 
 &c.] at a special sessions for the highways assembled, upon the oath of 
 C. D. the said surveyor [or one of the surveyors], that he hath applied 
 to A. B. of for his consent to dig, get, take, and carry away mate- 
 rials from the lands called or known by the names of and in 
 
 his occupation [or of which he is the owner, or in the occupation of 
 J. K., or of which J. K. is the owner, and the said A. B. his agent] 
 within the said [parish, &c.] for the purposes aforesaid ; and that the said 
 materials are necessary for the repairs of the highways, and that the said 
 A. B. hath refused to permit the same to be dug, got, taken, and carried 
 away; and the said A. B. having been duly summoned to appear before 
 us to show cause why such permission should not be granted, and having 
 appeared before us accordingly [or having sent bis steward or agent, or 
 C. D. on his behalf, to attend us on that occasion, or but not having ap- 
 peared], we have heard what has been alleged, and taken the said matter 
 into consideration, and are of opinion that the said materials are neces- 
 sary and ought to be dug, got, taken, and carried away for the purposes 
 aforesaid : Therefore we do hereby give our licence to the said surveyor 
 [or surveyors] to dig, get, take, and carry away the same accordingly, 
 the said surveyor making satisfaction for the same, and also for the 
 damage done to such lands, in the manner directed by the said act. 
 
 Given under our hands the day of , one thousand eight 
 
 hundred and . J- P- 
 
 K. P. 
 
 24. Licence from Justices at a Special Sessions to get Materials in another 
 Parish. (Id. s. 54). In Sched. to Act. 
 
 1 At a special session for the highways held at , in the 
 
 to wit. } hundred, &c. of , in the said county, by justices of the peace 
 
 for the said county, acting within the said hundred, on the 
 
 day of . 
 
 It appearing to us, upon evidence this day received, that sufficient 
 materials cannot conveniently be had within the waste lands, com- 
 
 B B 2
 
 372 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. mon grounds, rivers, or brooks, nor in the inclosed lands or grounds, 
 
 2nd. ed. p. 374. lying within the [parish, &c.] of , in the said hundred, for the 
 
 repairs of the highways within the said [parish], nor in the waste 
 
 lands, common grounds, rivers, or brooks, within the [parish] of , 
 
 adjoining to the said [parish] of , we do hereby give our licence to 
 
 the surveyor [or surveyors] of the said [parish] of , to search for, 
 
 dig, get, and carry materials within the inclosed lands or grounds of C. D. 
 
 within the said [parish] of , to be employed in the repair of the 
 
 highways within the said [parish] of , it appearing from evidence 
 before us that there are proper materials within the said lands for the 
 purposes aforesaid, lying convenient to the said highways, and that after 
 such materials shall be so taken there will be sufficient left for the use of 
 
 the highways within the said parish of , upon the said surveyor [or 
 
 surveyors] making satisfaction for the same, and also for the damage done 
 to snch lands, in the manner directed by the act made and passed in the 
 fifth and sixth years of the reign of King William the Fourth, intituled 
 " An Act," &c. [here set out title of' act,~\ subject to such restrictions as 
 are therein contained. 
 
 Given under our hands the day and year above written. J. P. 
 
 R. P. 
 
 25. Information to enable Justices to fix Boundaries of Highway lying 
 in two Parishes. (Id. s. 58.) Given in Act, No. 12. 
 
 County of j At a special sessions for the highways holden &c., J. S., 
 " $ the surveyor [or one of the surveyors] of the parish of A., 
 came before the justices aforesaid and informed them that there is in the 
 said county a certain common highway leading from M. to N., and that 
 there is a certain part of the said highway, that is to say, so much thereof 
 as lies between a certain place called C. and a certain other place called 
 See plan. D., being in length [as the case may 6e],one side of which last-men- 
 
 tioned part of the said highway adjoining to the parish of A. lies within 
 the said parish of A., and is to be, and of right ought to be, repaired by 
 the said parish of A. [or by fyc., describing the body politic or corporate, 
 t>r person, liable to the repair\ ; and that the other side of the same part of 
 the said high way adjoining to the parish of B. lies within the parish of B., 
 and is to be, and of right ought to be, repaired by the said parish of B. 
 [or by #c.J, and stating that the repair of the said highway is very incon- 
 venient to the parishes aforesaid, and the want thereof detrimental to the 
 public ; and therefore praying that such part of the said highway may be 
 allotted and apportioned for the repair thereof, by the justices aforesaid, 
 to the said several parishes of A. and B. [or to fyc.~\, in the manner directed 
 by an act passed in the fifth and sixth years of the reign of King William 
 the Fourth, intituled " An Act," &c. [set out title of act. ,] 
 
 (Signed) J. S., one of the surveyors of parish of A. 
 The above application was made to us the day and year first above 
 written. 
 
 J. P. 
 
 R. P. 
 
 26. Summons to be subjoined to a Copy of the above Information. (Id.) 
 Given in Act, No. 13. 
 
 To the surveyor [or surveyors] of the parish of B. in the said county, 
 
 any or either of them. 
 
 County of ) Whereas a certain information has been given to us, her 
 - $ Majesty's justices of the peace for the said county, at a spe- 
 
 cial sessions for the highways, by J. S. the surveyor [or one of the sur-
 
 CHAP, i.] HIGHWAYS. 373 
 
 veyors] of the parish of A. in the said county, a true copy whereof is above Oke's Synop. 
 written : These are, in her Majesty's name, to summon you, any or either 2nd ed. p. 374. 
 
 of you, to appear before us at , in the said county, on the day 
 
 f , to show cause (if any) why an allotment and apportionment of 
 the highways therein mentioned should not be made according to the pro- 
 visions of the act referred to in the said information. Herein fail not. 
 Given under our hands, this day of . 
 
 J. P. 
 
 K.P. 
 
 27. Final Order and Adjudication, to be filed with the Clerk of the Peace. 
 
 (Id.) Given in Act, No. 14. 
 
 Whereas &c. 
 
 1. State the original application. 
 
 2. The summons. 
 
 3. The appearance, and that the parties were heard, or their non-ap~ 
 pearance. 
 
 Now we, the justices aforesaid, having fully heard and understood the 
 premises, do declare, adjudge and order that the said highway shall be 
 divided in the following manner, (that is to say) that at the distance of 
 
 , measuring from the place called C., there shall be erected certain 
 
 posts or stones, E. and F., on each side of the said highway, and the whole 
 of the said highway from the place called C. to such posts or stones shall 
 be from time to time, and at all times hereafter, repaired by the parish of 
 A. [or by $c.~], and the whole of the said highway from such posts or 
 stones, to the place called D., shall from time to time, and at all times 
 hereafter, be repaired by the parish of B. [or by fyc.~\ 
 
 In witness whereof we have hereunto set our hands, this day 
 
 of . 
 
 J. P. (t. 8.) 
 
 K. P. (L. s.) 
 
 28. Summons to show cause why a Highrcay, repaired ratione tenurte, <$r. 
 should not be made a Parish Highway. (Id. s. 62.) From Shelford, 
 p. 225. 
 
 To A. B., surveyor of the highways of the parish of , in the 
 county of . 
 
 Whereas application has been made to me, J. P., one of her Majesty's 
 
 justices of the peace for the said county, by E. F. of the parish of , 
 
 for the purpose of making the following highway a parish highway, and 
 to be repaired in future by the surveyor of the said parish, (that is to say) 
 
 a certain highway situate in the said parish, and called highway, 
 
 (and to the repair of which the said E. F. is now liable, by reason of his 
 tenure of certain lands and tenements, situate at O. aforesaid,) [or as 
 the case may be, describing the highway particularly]: These are therefore 
 to require you personally to appear before the justices to be assembled at 
 
 the next special sessions for the highways, to be holden at , in the 
 
 said county, &c., on the day of , at the hour of , in 
 
 noon, &c. in order that the justices may then and there proceed to deter- 
 mine the matter in respect of which the said application has been so made 
 as aforesaid by the said E. F., who is likewise directed to be then and 
 there present, to make good the same. Herein fail not. Given under 
 my hand this day of . 
 
 ' 3 J. P.
 
 374 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 29 . Order thereon. (Id. s. 62.) From Shelford, p. 226. 
 
 [Caption as in Form No. 13, ante, p. 367.] 
 
 Whereas &c. [state the original application, summons and the appear- 
 ance, and that the parties were heard on their non-appearance. See the 
 last form, and No. 27, ante, p. 373 (14 in Act)~] : Now we, the said 
 justices, having fully heard and understood the premises, and proceeded 
 to hear the said parties and their witnesses, and to examine and determine 
 the matter, have decided, and we do hereby decide, adjudge and order that 
 the said highway shall become and be a parish highway, and be from time 
 to time, and at all times hereafter, repaired by the surveyor of the parish 
 of O. aforesaid ; and we do, by this order under our hands (in pursuance 
 and in exercise of the power vested in us by the said acts), fix, determine 
 
 and order that the sum of shall be forthwith paid by the said E. F. 
 
 to the surveyor of the highways of the parish of O. aforesaid, in full dis- 
 charge of all claims hereafter in respect of the repairs of the said highway ; 
 such sum to be recovered, applied and disposed of according to the direc- 
 tions of the said act [or as the case may be\. In witness whereof we have 
 
 hereunto set our hands, this day of , 18 . 
 
 J. P. 
 K. P. 
 
 30. Application on Oath to One Justice by Surveyor for Summons to 
 Owner to show cause why his Hedges, fyc., are not cut. (Id. s. 65.)] Pro- 
 ceed as in General Form of Complaint, No. ], ante, p. 23, then : that a 
 certain carriageway [or cartway] situate in the said parish, leading from 
 
 to , is prejudiced by the shade of certain hedges of C. D. on 
 
 the right hand side of the said carriageway [or cartway], and extending 
 
 from to , and by divers trees of the said C. D. on the same side 
 
 of the said carriageway [or cartway], and adjoining thereto (not being 
 trees planted for ornament or for shelter to any hop ground, house, 
 building, or courtyard of the said C. D.), and growing in and near such 
 hedges of the said C. D., whereby the sun and wind are excluded from 
 such carriageway [or cartway] to the damage thereof. 
 
 31. Summons to the Owner to appear at Special Sessions. (Id.)] Proceed 
 as in the General Form, No. 8 (A.), ante, p. 26, reciting the application, 
 No. 30, supra, and instead of " to answer, &c." say to show cause why the 
 said hedges are not cut, pruned, or plashed, and such trees not pruned 
 or lopped in such manner that the said carriageway [or cartway] may 
 not be prejudiced by the shade thereof, and that the sun and wind may 
 not be excluded from such carriageway [or cartway] to the damage 
 thereof. 
 
 32. Order (a) for Owner of Land to prune Hedges and cut down Trees. 
 (Id. s. 65.) From Shelford, p. 223. 
 
 [Caption as in Form No. 13, ante, p. 367.] 
 
 Whereas application and complaint was, on the day of last, 
 
 made on oath before J. S., Esquire, one of her Majesty's justices of the 
 peace in and for the said county of C., acting in and for the said division, 
 
 by A. B., surveyor of the highways of the parish of , in the said 
 
 county and division, that a certain, &c. [recite application, No. 30, supra, 
 to the end, then :] And whereas it hath been duly proved before us, the 
 
 (a) If this order be not obeyed, the surveyor will have to lay another infor- 
 mation, and the justices in special sessions make another order for levying the 
 expenses of cutting, &c.
 
 CHAP, i.] HIGHWAYS. 375 
 
 undersigned, the justices present at the said special sessions, that the said Oke's Synop. 
 C. D., the owner of the land on which the said hedges and trees are 2nd ed. p. 374. 
 growing next adjoining to the said carriageway [or cartway], hath been 
 duly summoned to appear before us at this special sessions to show cause, 
 &c. [as in the summons, No. 31, supra,~] and the said C. D. hath made 
 default in his attendance before us pursuant to the said summons, 
 
 [or, and whereas the said C. D. having this day appeared before us 
 
 in pursuance of a summons duly served upon him to answer 
 
 the said complaint, and the said C. D, not having shown any 
 
 sufficient cause, &c.] 
 
 and the said offence having been fully proved before us upon the oath of 
 
 , &c. : Now we, upon duly considering the circumstances of the 
 
 case, do hereby order and direct that such hedges be cut, plashed and 
 
 pruned so as not to exceed the height of from the surface of the 
 
 land on which the same are situate, and that all such trees as grow in 
 and near such hedges in the lands of the said C. D., adjoining the said 
 carriageway [or cartway] (not being trees planted for ornament or for 
 shelter to any hop ground, house, building, or courtyard of the said 
 C. D.), be pruned or lopped, so that the said carriageway [or cartway] 
 shall riot be prejudiced by the shade thereof, and so that the sun and 
 wind may not be excluded from such carriageway [or cartway] to the 
 damage thereof: And we do further order, that in case the said C. D. 
 shall not comply with this order within ten days after a copy of this order 
 shall have been left at the usual place of abode of the said C. D., or of 
 his steward or agent, that then the said A. B., the surveyor aforesaid, do 
 cut, prune, or plash such hedges, and prune or lop such trees in manner 
 directed by this order, to the best of his skill and judgment, and according 
 to the true intent and meaning of the " Act to consolidate and amend the 
 Laws relating to Highways in that part of Great Britain called England," 
 and proceed against the said C. D. immediately afterwards for recovery 
 of the penalties and charges he will thereby incur. Given under our 
 hands and seals the day and year first above written. 
 
 C. D. (L. s.) 
 E. F. (L. s.) 
 
 33. Justices 1 Notice to Surveyor to show cause why a poor Labourer 
 should not be excused from Highway Rates. (Id. s. 32.) From Shel- 
 ford, p. 213. 
 
 To Mr. A. B., surveyor of the highways within the [parish] of , 
 
 in the said county. 
 
 > Whereas E. F. of , in your [parish], labourer, hath this 
 
 . to wit. J day made complaint on oath to us, two of her Majesty's justices 
 of the peace in and for the said county, at a special sessions for the high- 
 ways assembled, that he wholly gains his livelihood by daily labour, and 
 that, by reason of his numerous family, he is in very poor and indigent 
 circumstances, and utterly unable to pay or contribute towards any rates 
 or assessments for or in respect of any highways within the said parish, 
 and hath prayed of us, the said justices, that he may be excused from 
 paying the same : We, the said justices, do therefore hereby give you 
 
 notice to appear before us at , in the said county, on , the 
 
 day of , at our special sessions for the highways, to be then and there 
 
 held, to show cause why the said E. F. should not by us be adjudged to 
 be excused from the payment of such rates or assessments accordingly. 
 
 Given under our hands and seals, this day of , in the year of 
 
 our Lord at 
 
 [ Justices' signatures and seals.]
 
 376 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 34. Order directing Person to be excused. 
 2nd ed. p 374. c ounty o f Q , We, two of her Majesty's justices of the peace for the 
 to wit. i said county, at a special sessions for the highways in the 
 division of N. in the same county, assembled, do hereby, on the appli- 
 cation of E. F., of , in the parish of , labourer, who is rated to 
 
 the rate made for the maintenance of the highways of the same parish, 
 and upon proof by him of his inability, through poverty, to pay or con- 
 tribute towards any such rates or assessments (the surveyor of the said 
 parish having been first summoned to appear on the part of the same 
 parish), order and direct that the said E. F. shall be excused from the 
 payment of the said rate, and we have accordingly struck out his name 
 therefrom. Dated this day of , 185 . y o 
 
 J. L. 
 
 35. Information by Surveyor against Owner of Lands refusing his Con- 
 sent to allow Stones to be gathered thereon. (Id. s. 51.)] Proceed in the 
 General Form No. 1, ante, p. 23, then : that by the statute in such case 
 made and provided, he the said surveyor is authorized to gather stones 
 lying upon any lands or grounds within the said parish, where the 
 highways of which he is appointed surveyor are, for such service and 
 purpose, and to take and convey away so much of the said materials, as 
 by the direction of him the said surveyor shall be thought necessary to be 
 employed in the amendment of the said highways, without making any 
 satisfaction for the said materials, but making satisfaction for all damages 
 done to the lands or grounds of any person or persons by carrying away 
 the same in the manner by the said statute directed, but not without the 
 consent of the owner of such lands or grounds, or a licence for that pur- 
 pose from the justices at a special session for the highways, after having 
 summoned such owner to come before them, and heard his reasons, if he 
 shall appear and give any, for refusing his consent to the same, and that 
 
 he the said surveyor hath applied to C. D., of the parish of , in the 
 
 county of , the owner of the lands and grounds called , 
 
 within the said parish of , where the said highways are, and upon 
 
 which large quantities and numbers of stones are lying, for his consent to 
 gather such stones and to take and carry away so much and so many 
 thereof as by the discretion of him the said surveyor shall be thought 
 necessary for the purpose aforesaid, and that the said stones are necessary 
 for the amendment of the said highways, and that he hath offered to 
 make satisfaction to the said C. D. for all damage done to the said ur any 
 other lands or grounds of the said C. D. by carrying away the same in 
 the manner by the said statute directed, but that the said C. D. hath 
 refused to give his consent to gather, take and carry away the said stones 
 for the purpose aforesaid. 
 
 36. Summons to the Owner.'] Proceed in the General Form No. 8 (A.), 
 ante, p. 26, reciting the information shortly thus : that in pursuance of 
 the statute in that case made and provided, he the said surveyor hath 
 applied to you the said C. D., being the owner of the said lands and 
 grounds called , within the said parish of , where the high- 
 ways are, of which he the said A. B. is appointed surveyor, and upon 
 which large quantities and numbers of stones are lying, for your consent 
 to gather such stones, and to take and carry away so much and so many 
 thereof as by the direction of him the said surveyor shall be thought 
 necessary to be employed in the amendment of the said highways, and 
 that the said stones are necessary for that purpose, and that he hath 
 offered to make satisfaction to you for all damages done to your said or
 
 CHAP, i.] HIGHWAYS. 377 
 
 any other of your lands or grounds, by carrying away the same in the Oke's Synop. 
 manner by the said statute directed, but that you have refused to give 2nd ed p. 374, 
 your consent to gather, take and carry away the said stones for the pur- 
 pose aforesaid : These are therefore in her Majesty's name to command 
 you the said C. D. to appear before such two or more of her Majesty's 
 justices of the peace in and for the said county, acting in special sessions 
 
 for the highways in and for , in the said county, at , in the 
 
 said and county of , on the day of , at the 
 
 hour of , then and there to give your reasons, if you have any, for 
 
 refusing your consent as aforesaid. 
 
 37. Licence from Justices at Special Sessions to gather Stones upon inclosed 
 Lands. (Id. s. 51.) 
 
 To. A. B., the surveyor of the highways of the parish of , in the 
 
 said county of . 
 
 Whereas on the day of , one thousand eight hundred and 
 
 , one of the surveyors of the highways of the parish of , in 
 
 the county of , exhibited an information before I. S., Esquire, one 
 
 of her Majesty's justices of the peace in and for the said county, for 
 that by the statute in such case made and provided, he the said surveyor 
 is authorized to gather stones lying upon any lands or grounds within the 
 parish where the highways of which he is appointed surveyor are, for such 
 service and purpose, and to take and carry away so much of the said 
 materials as by the discretion of him the said surveyor should be thought 
 necessary to be employed in the amendment of the said highways, without 
 making satisfaction for the said materials, but making satisfaction for all 
 damages done to the lands or grounds of any person or persons by 
 carrying away the same in the manner by the said statute directed, but 
 not without the consent of the owner of such lands or grounds, or a 
 licence for that purpose from the justices at a special sessions for the 
 highways, after having summoned such owner to come before them, and 
 heard his reasons, if he shall appear and give any, for refusing his consent, 
 
 and that he the said surveyor had applied to C. D., of the parish of , 
 
 in the county of , the owner of the lands and grounds called , 
 
 situate within the said parish of , where the said highways are, and 
 
 upon which lands and grounds certain large quantities and numbers of 
 stones were and are lying, for his consent to gather such stones, and to 
 take and carry away so much and so many thereof as by the discretion of 
 him the said surveyor should be thought necessary for the purpose afore- 
 said, and that the said stones were necessary for the amendment of the 
 said highways, and that he had offered to make satisfaction to the said 
 C. D. for all damages done to the said or any other lands or grounds of 
 the said C. D. by carrying away the same in the manner by the said 
 statute directed, but that the said C. D. has refused to give his consent to 
 gather, take and carry away the said stones for the purpose aforesaid. 
 And whereas the said C. D. hath been duly summoned to appear here 
 this day before two of her Majesty's justices of the peace in and for 
 the said county in special sessions for the highways in and for the 
 
 said assembled, to give his reasons for refusing such his consent; 
 
 and the said C. D. having appeared before us, J. S. and J. L., Esquires, 
 two of the justices aforesaid, in special sessions for the highways as- 
 sembled as aforesaid, accordingly, in pursuance of such summons, and 
 not having given any sufficient reasons for refusing his consent in the 
 premises, we therefore, the said last named justices, having heard evi- 
 dence in the premises, and duly considered the same, are of opinion that 
 the said materials are necessary, and ought to be gathered, taken and 
 carried away from the said lands or grounds for the purpose aforesaid, and
 
 378 Other Proceedings out of Sessions. [PART in- 
 
 Oke's Synop. do hereby give our licence to the said surveyor to gather, take and carry 
 2nd ed. p. 374. away as much and as many of the same stones, as by the discretion of him 
 the said surveyor shall be thought necessary for the purpose aforesaid ac- 
 cordingly, he the said surveyor making satisfaction to the said C. D., and 
 to any other person or persons, for all damages done to the said or any 
 other lands or grounds, by carrying away the same in the manner by the 
 said statute directed. 
 
 Given under our hands and seals, the day of , at a special 
 
 sessions for the highways as aforesaid, held at aforesaid. 
 
 J. S. (L. s.) 
 J. L. (L.S.) 
 
 38. Order for erecting Direction Posts and Guide Posts. (Id. s. 24.) 
 [Caption as in Form No. 13, ante, p. 367.] 
 
 From Shelford, TO the surveyor of the highways of the parish of , in the said 
 
 P- 222> division. 
 
 You are hereby directed and required forthwith to cause to be erected 
 or fixed in the most convenient place upon the highway lying between 
 
 and , within the said parish of , where two or more roads 
 
 meet, a stone or post, with proper inscriptions painted on both sides 
 thereof, in large legible letters, not less than one inch in height, and of a 
 proper and proportionate breadth, containing and directing the towns of 
 
 and [or other places, as the justices shall think most proper.'] 
 
 [ Where graduated stones or posts are necessary to prevent accidents 
 from floods, vary it thus : in the most convenient place upon the 
 highway at the approach or entrance on each side of the ford or 
 
 water called , at , within your liberty, graduated stones 
 
 or posts, denoting the depth of water in the deepest part thereof 
 through which such highway passes.] 
 
 [See further as to what he may be directed to do. Id s. 24.] And yon 
 are allowed to charge the reasonable expenses of providing and erecting 
 the same in your accounts. A. B. 
 
 C. D. 
 
 39. Order of Justices at Special Sessions for Surveyor to pay Money to 
 Treasurer of Turnpike Trust. (4 & 5 Viet. c. 59, s. 1 ; 1 2 & 13 Viet. c. 54). 
 Adapted from Shelford, p. 231, and Form in Reg. v. Preston, 1 Magis. 
 p. 67 ; 18 Law J. Rep. (N. S.) M. C. p. 4 ; 12 J. P. 836) (a). 
 
 [Caption as in Form No, 13, ante, p. 367.] 
 
 Whereas, on the day and year and at the special sessions aforesaid, 
 information hath, pursuant to the authority in that behalf given in and by 
 an act of parliament made and passed in a session of parliament held in 
 the fourth and fifth years of the reign of her present Majesty, intituled, 
 "An Act to authorize for one Year, and until the end of the then next 
 Session of Parliament, the Application of a Portion of the Highway Rates 
 to Turnpike Roads in certain cases," which act has been continued and 
 extended by subsequent enactments, and is now in full force and opera- 
 tion, been exhibited before us the undersigned [names of justices], her 
 
 Majesty's justices of the peace for the said county of , and acting at 
 
 the said special sessions in and for the said division in the same county, 
 by A. B. of , in the county of , the clerk of the trustees named 
 
 (a) A notice from the clerk of turnpike to the surveyor of highways, and an 
 information (which can be easily framed from the recital of it in this Form), 
 precede this order. The order may be enforced as penalties under the 5 & 6 
 Will. 4, c. 50 (vide s. 2 of 4 & 5 Viet. c. 59), i.e. by distress, after complaint, 
 summons, and inquiry.
 
 CHAP, i.] HIGHWAYS. 379 
 
 and appointed in or by virtue of a certain act of parliament made and Oke's Synop. 
 
 passed in a session of parliament held in the and years [title 2nd ed. p. 374. 
 
 of local act], that a certain road from A. to B. was made under the autho- 
 rity of the said last- recited act; that the said road and additions are known 
 
 as the Turnpike Trust; that the funds of the said trust are wholly 
 
 insufficient for the repair of the turnpike roads comprised therein, part 
 whereof lies and is situate within the [parish] of B. in the division and 
 county aforesaid ; that the said part of the said turnpike road so lying in 
 the said [parish] of B. is greatly out of repair ; and that notice in writing 
 of the intention to exhibit the said information so exhibited to us as afore* 
 said was in pursuance of the said first-mentioned act given on the part of 
 the said A. B. as such clerk as aforesaid to C. D. and E. F. the surveyors 
 of the highways of the [parish] of B. duly appointed under or by virtue 
 of an act made and passed in a session of parliament held in the fifth and 
 sixth years of the reign of his late Majesty King William the Fourth, inti- 
 tuled, "An Act to consolidate and amend the Laws relating to Highways 
 in that part of Great Britain called England," twenty-one days at least 
 before this present special sessions; and the said A. B., as such clerk as 
 aforesaid, prayeth the consideration of us the said justices in this behalf, 
 and that we the said justices may adjudge and order that such portions 
 of the rates or assessments levied or to be levied by virtue of the last- 
 recited act in the said [parish] of B. for the repairs of the highways 
 therein, as to us shall seem meet, shall be paid by the said C. D. and E.F. 
 
 as such surveyors of the highways as aforesaid, to G. H. of , in the 
 
 county aforesaid, the treasurer to the trustees of the said Trust, to 
 
 be wholly laid out in the actual repair of such part thereof as lies in the 
 said [parish] of B. ; and now, after having, pursuant to the said informa- 
 tion and the said first-recited act, examined the state of the revenues and 
 
 debts of the said Turnpike Trust, and inquired into the state and 
 
 condition of the repairs of the roads within the same, and ascertained the 
 length of the roads, including turnpike roads, within the said parish of B., 
 and how much of such road is turnpike road, and having duly inquired into 
 the allegations contained in the said information before recited [the said 
 A. B. as such clerk, and also the said C. D. and E. F. as such surveyors 
 of the highways as aforesaid, being present during such examination and 
 inquiry in pursuance of the notice aforesaid], it appears to us, the justices 
 above named and assembled at the said special sessions for the highways, 
 that the inhabitants of the said [parish] of B. have been accustomed to 
 repair all the public highways therein ; that the several allegations con- 
 tained in the said information are trne, and it also appears to us the said 
 justices necessary and expedient for the purposes of the said Turn- 
 pike Trust to adjudge and order as hereinafter mentioned : Therefore we 
 
 hereby adjudge and order a portion, that is to say, the sum of of the 
 
 rate or assessment, levied or to be levied by virtue of the said last-recited 
 act for the repairs of the highways therein, by the said C. D. and E. F. 
 as such surveyors of the said [parish] of B. to be by them paid within 
 
 days from the service hereof, 
 
 [or on or before the day of next ; or by two equal pay- 
 ments, to wit, the sum of , parcel thereof, on the day 
 
 of next, and the residue thereof on the day of 
 
 next], 
 
 to the said G. H. as such treasurer to the trustees of the said Trust 
 
 as aforesaid, to be wholly laid out in the actual repair of such part thereof 
 as lies in the said [parish] of B. Given under our hands and seals at the 
 special sessions aforesaid. 
 
 [Justices' signatures and seals.] 
 Vide tit. " Poor," post, for Forms on appeals against rates.
 
 380 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. HUNDRED. 
 
 2nd ed. p. 374. j Examination before a Justice of Person, his Servant, damnified by 
 Rioters, to be taken within Seven Days after Commission of Offence, in 
 order to proceed for Damages either summarily or by Action. (7 & 8 
 Geo. 4, c. 31, s. 2.) 
 
 County of C. { The examination of C. D., of the parish of , in the 
 
 to wit. J hundred of C., in the said county [grocer], taken on oath 
 
 this day of , in the year of our Lord , at 
 
 , in the said county and hundred, before me, the under- 
 signed, one of her Majesty's justices of the peace for the 
 said county. 
 
 This deponent, C. D., on his oath saith as follows: [proceed to state 
 the circumstance of demolishing the property^ and when and where, and 
 what was injured, and the names of the offenders, if known.] 
 
 Taken and sworn before me, the day and year and at the place first 
 above mentioned. 
 
 J. S. 
 
 2. Recognizance to prosecute Offenders when apprehended. (Id,)] This 
 will be in the. General Form, No. 43 (O. 1 ), ante, p. 273, stating the con- 
 dition thus: The condition of the within written recognizance is such, 
 that whereas, on the day of , at the parish of , in the hun- 
 dred of C M in the said county of C. [state the demolishing of the property 
 and offenders, as in No. 1, supra], if, therefore, he the said C. D. shall 
 duly prosecute the said A. B. and E. F. and F. G. [or the said offenders] 
 when apprehended, and do all other necessary acts and things incident 
 to such prosecution, then the said recognizance to be void, or else to 
 stand in full force and virtue. 
 
 3. Notice to the High Constable of a Hundred or other like District, or 
 to the Peace Officer of a County of a City or Town, or of a Liberty, 
 Franchise, City, Town or Place. (Given in Sect, 8 of Act.) 
 
 To the high constable [or to , one of the high constables] of, 
 
 &c. [or to , a peace officer of, &c.] 
 
 I hereby give you notice that I intend to claim compensation from the 
 inhabitants of [here specify the hundred or other like district, or county of 
 a city, 4r-> or liberty, franchise, c. as the case may ie], on account of the 
 damage which I have sustained by means of [here stale the offence, the 
 time and place where it was committed, and the nature and amount of the 
 damage] ; and I hereby require you, within seven days after your receipt 
 of this notice, to exhibit the same to some two justices of the peace of the 
 
 county [riding or division] of , residing in or acting for the said 
 
 hundred, &c. [or if in a liberty, franchise, ^c. where the justices of the 
 county, riding or division have no jurisdiction, then say, to some two jus- 
 tices of the peace of, naming the county of the city, #c.] in order that 
 they may appoint a time and place for holding a special petty sessions to 
 hear and determine my claim for compensation, by virtue of an act 
 passed in the seventh and eighth years of the reign of King George the 
 Fourth, intituled An Act for consolidating and amending the Laws in 
 England relative to Remedies against the Hundred ; and you are required 
 to give me notice of the day, hour and place appointed for holding such 
 petty session within three days after the justices shall have appointed the 
 
 same. Given under my hand, this day of , in the year of our 
 
 Lord . 
 
 (Signed) A.B.
 
 CHAP, i.] HUNDRED. 381 
 
 4. Notice to be placed on the Church or Ckapel Door, or other con- Oke's Synop. 
 spicuous part of the Parish, Township or Place, as the case may be. 2nd ed. p. 374. 
 (Given in Sect. 8 of Act.)] I hereby give notice that I shall apply for 
 compensation to the justices of the peace at a special petty sessions to be 
 holden at - , on the - day of - next, at the hour of - in the 
 forenoon, on account of the damage which I have sustained by means of 
 [here state the offence, the time and place where it was committed, and the 
 value and amount of the damage, in the same manner as in the preceding 
 forni}. Given under my hand, this - day of - , in the year of our 
 Lord - -. 
 
 (Signed) A. B. 
 
 5. High Constable's Notice to Claimant of Time and Place of holding 
 
 Special Petty Session. 
 To Mr. A. B., of&c. 
 
 I hereby give you notice that J. S. and J. L., Esquires, two of her 
 Majesty's justices of the peace for the county of - , have, upon your 
 notice to me, dated the - day of - , claiming compensation from the 
 inhabitants of - under the statute 7 & 8 Geo. 4, c. 31, appointed a 
 special petty session to be held on - , the - day of - next, at 
 the hour of - in the forenoon, at the - , in N ., in the said hun- 
 dred, for the purpose of determining your said claim. Given under my 
 hand, this - day of - , in the year of our Lord - . 
 
 W. Y. 
 6. High Constable's Notice to Justices. 
 
 To the Rev. J. T. B., Clerk, one of her Majesty's justices of the 
 peace for the county of C., acting in and for the hundred of C. 
 therein. 
 
 [ This will be similar to Form No. 5, supra.'] 
 
 7. Order for Payment of Damage by Treasurer of County. 
 (7 & 8 Geo. 4, c. 31, s. 9.) 
 
 To the treasurer of the county of C. 
 
 County of C. > Whereas at a special petty session of her Majesty's jus- 
 5 ^ c 
 
 to wit. 5 ^ ces f tne peace for the said county of C., acting for 
 the hundred of C., in the same county, this day held, pursuant to due 
 appointment and notice, at the - , in N., in the said hundred, a certain 
 claim of one A. B., of &c., for compensation from the inhabitants of 
 - , on account of the damage which he had sustained by means of 
 [here state the offence, the time and place where it wai committed, and the 
 nature and amount of the damage, as in the Form of Notice, No. 3, supra,"} 
 is duly heard and determined by us the undersigned, the [major part of 
 the] justices present thereat, by virtue of an act passed [SfC. as in Forni 
 No. 3, supra~\ ; and we the same justices having duly examined the said 
 A. B. concerning the said offence and the said damage, adjudge that the 
 sum of - shall be paid to the said A. B. for the said damage so com- 
 mitted as aforesaid, and also the sum of - , being the costs and 
 charges of the said A. B. expended by him in this behalf, making toge- 
 ther the sum of - : These are therefore to order you, as such treasurer 
 of the said county of C., to pay unto the said A. B. the said sum of - , 
 according to the form of the statute in such case made and provided, for 
 which payment this order shall be your sufficient warrant and authority. 
 Given under our hands and seals, at the special petty session above men- 
 tioned. 
 
 [Justices' signatures and seals.]
 
 382 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 
 2nded. p. 375. JURORS. 
 
 1. Justices' Clerks' notice to High Constable of Special Petty Sessions for 
 allowing List of' Jurors. (6 Geo. 4, c. 50, s. 10.) 
 
 To the high constable of the hundred of C., in the said division. 
 Division of N. 1 We do hereby give you notice, that a special 
 in the county of C. /petty sessions for the- division above mentioned will 
 
 to wit. -)be holden on Tuesday, the day of September 
 
 now next ensuing, at or about the hour of twelve of that day, at the , 
 
 in N., in the said county and division, for the purpose of receiving, con- 
 sidering, reforming and allowing the list of men qualified and liable to 
 serve on juries within the several parishes and townships in the said divi- 
 sion, and for other purposes, according to and in pursuance of a certain 
 act of parliament, made and passed at Westminster, in the sixth year of 
 the reign of his late majesty King GeOrge the Fourth, intituled " An 
 Act for consolidating and amending the Laws relative to Jurors and 
 Juries; "* and you the said high constable are hereby required to be 
 present at the time and place aforesaid, to receive the several lists of men 
 qualified and liable to serve on juries as mentioned in the said act, in 
 order that you may deliver the same to the court of quarter sessions to be 
 
 then next holden. Dated this day of August, in the year of our 
 
 Lord one thousand eight hundred and . 
 
 I. G. and B., 
 
 Residing at N., Clerks to the Justices of 
 the Peace for the said division. 
 
 2. The like, to Churchwardens and Overseers. (Id.) 
 
 To the churchwardens and overseers of the poor of the parish of 
 
 , within the said division. 
 
 Division of N. ^ Proceed to the asterisk * in Form No. 1, supra, then :] 
 in the f and you the said churchwardens and overseers are 
 County of C. {hereby required, at the time and place aforesaid, to pro- 
 to wit. ^ duce the list of men qualified and liable to serve on 
 juries as mentioned in the said act within your said parish, such list to be 
 prepared and made out as directed in and by the said act ; and at the said 
 petty sessions you will be required to answer upon oath such questions 
 touching the said list as shall be put to you by the justices then present. 
 Dated, &c. [s in No. 1.] 
 
 3. Notice to Justices by Clerks^] A short Form can be readily framed 
 from the above. 
 
 4. Allowance to be written at Foot or on Back of the List from each 
 
 Parish. 
 
 County of C. ) Verified on oath before and allowed by us, two of 
 to wit. Jher Majesty's justices of the peace of and for the said 
 county of C., at a [or an adjourned] special petty sessions held for the 
 purpose in and for the division of N., at N., in the same county and di- 
 vision, this day of , 1850. J. L. 
 
 J. S. 
 
 POOR. 
 
 Id. p. 375. 1. Precept to High Constable for returning Lists of Overseers. (43 
 
 Eliz. c. 2, s. 1, and 54 Geo. 3, c. 91.)] Proceed as in the General Form
 
 CHAP, i.] POOR. 383 
 
 No. 1, ante, p. 341, to the asterisk * and there insert : you forthwith, on Qke's Synop. 
 receipt hereof, to issue your warrant to all the petty constables within 2nd ed. p. 375. 
 your said hundred, in the form or to the effect following. 
 
 2. High Constable's Warrant to Petty Constables (to be written at foot 
 o/"No. 1.)] Proceed as in the General Form No. 2, ante, p. 341, to the 
 asterisk * and there insert : you immediately upon sight hereof to give 
 notice to all and every the overseers of the poor within your constable- 
 wick, that they make out a list, in writing, of a competent number of sub- 
 stantial householders within their respective districts, and deliver the same 
 to the said justices and other her Majesty's justices of the peace for the 
 
 said county, at , in N., in the said county, on the day of 
 
 next, at the hour of in the forenoon of the same day, to the end 
 
 that out of the said list the said justices may appoint other overseers of 
 the poor for the year then next ensuing : And be you then there to cer- 
 tify what you shall have done in the premises. Herein fail you not. 
 
 3. Notice by one Justice to other Divisional Justices.] Proceed as in 
 the General Form No. 3, ante, p. 342, and insert at the asterisk *, the 
 purpose of appointing overseers of the poor for the several parishes in the 
 said division. 
 
 4. Return of the Vestry to the Magistrates (a). 
 
 Parish of , > At a public meeting of the inhabitant of this parish 
 
 County of . ) in vestry assembled, held at , on the day 
 
 of , 185 , pursuant to notice. 
 
 Resolved, that the persons named in the list hereunder written are 
 .chosen and shall be returned to her Majesty's justices of the peace acting 
 in and for the division of N., in the county of C., as a competent number 
 of substantial householders, and fit and proper persons to serve the office 
 of overseers of the poor for this parish for the year ensuing. 
 
 (Signed) A.B.| churchwardens> 
 
 p' TT' J Overseers. 
 
 Name. 
 
 I. K., &c. Inhabitants. 
 
 THE LIST. 
 
 Residence. 
 
 [ Where one or more of the nominees is or are non-resident, then opposite to 
 
 or under his name and residence in the list, say,'] the said being duly 
 
 assessed to the relief of the poor of this parish, and being a householder 
 
 resident in the parish of , within two miles from the church of this 
 
 parish [or, where there is no church or chapel, resident, &c. within one 
 mile from the boundary of this parish], and he having consented to be 
 appointed to serve as such overseer, we request that he be appointed ac- 
 cordingly. 
 
 5. Appointment of Overseers. (43 Eliz. c. 2 ; 59 Geo. 3, c. 12, s. 6.) Id. p. 376. 
 County of C. > We, whose hands and seals are hereunto set and affixed, 
 to wit. J being two of her Majesty's justices of the peace in and for 
 the county of C. (one whereof is of the quorum), do hereby nominate 
 
 (a) Adapted from the " Poor Law Formalist," p. 40.
 
 384 
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. and appoint. A. B. and C. D., substantial householders within the parish 
 2nd ed. p. 376. of D., in the said county, 
 
 [or, where non-resident person appointed, substantial householders 
 within the parish of D., in the said county, and E. F., a house- 
 holder resident in the parish of E., in the same [or in the] 
 county of C., who has consented to the appointment], 
 to be overseers of the poor of the same parish of D., together with the 
 churchwardens thereof, until the 25th day of March next ensuing the 
 date hereof, and fourteen days afterwards, unless other overseers shall be 
 previously appointed in their stead *. 
 
 Given under our hands and seals, this day of , in the year 
 
 of our Lord 185. 
 
 [Justices signatures and sea/s.] 
 
 6. The like, where an Overseer dies, Sfc., during the Year. (1 7 Geo. 2, 
 c. 38, s. 3.)] Proceed as in No. 5, supra, adding at the asterisk *, it ap- 
 pearing unto us by the oath of , that A. B., one of the overseers 
 
 appointed for the said parish for the present year, is dead, [or is removed 
 from the said parish, or is become insolvent.] 
 
 7. Form of entering Overseers appointed in " The Special Sessions Book." 
 
 County of C. } 
 Division of N. ) 
 
 -, 27th March, 1849. 
 
 At a special sessions held this day, pursuant to precepts 
 for that purpose, the under-mentioned persons were 
 appointed overseers for the several parishes for the 
 year ensuing. 
 
 [Adjourned to 3rd April]. 
 
 Parishes. 
 
 Date of 
 Appointment. 
 
 Persons appointed. 
 
 Justices signing 
 Appointment. 
 
 A. 
 
 K. 
 
 27th March 
 3rd April 
 
 W. F. and A. G. .. 
 J. H. and W. P 
 
 J. T. B. and J. D. 
 J T. B. and A. C. 
 
 
 
 
 
 8. Allowance of Accounts of Overseers in Parishes where a District Au- 
 ditor not appointed under 7 & 8 Viet. c. 101, s. 32. (50 Geo. 3, c. 49, 
 ss. 1, 4.) 
 
 County of\ Perused and allowed (being first signed and verified on 
 
 Voath by A. B. and C. D., churchwardens, and E. F. and G. H., 
 
 to wit. J overseers of the poor) by us, J. S. and J. L., Esquires, two 
 
 of her Majesty's justices of the peace in and for the said county of , 
 
 this day of , in the year of our Lord , at N., in the same 
 
 county *. 
 
 [Justices' signatures.] 
 
 N. B. If the accounts be reduced in amount, say, at the asterisk *, 
 
 " excepting the item of for in the above accounts, 
 
 which we have disallowed, [or reduced to the sum of ], 
 
 because [here assign the reason]." Vide Bench Formulist, 
 p. 423, for example, in R. v. Foucli, 2 Ad. & E. (N. S.) 310.
 
 CHAP, i.] POOR. 385 
 
 9. Application of Chairman of Board of Guardians for a Summons Oke's Synop. 
 against Overseers for not paying Contribution. (2 & 3 Viet. c. 84, s. 1.) 2nd ed. p. 376. 
 County of C.) The application and complaint of W. B., chairman of 
 to wit. \ the board of guardians of the N. union, constituted by an 
 order of the poor law commissioners, and on their behalf made to us, the 
 undersigned, two of her Majesty's justices of the peace in and for the said 
 county of C., and acting within the district, to wit, the petty sessional 
 division of N. in the same county, wherein the parish of S. in the said 
 
 county is situate, this day of , in the year of our Lord ; 
 
 that the said board of guardians duly made their order in writing, bearing 
 
 date the day of last, and directed to the overseers of the poor 
 
 of the parish of S., in the said county and district, being one of the 
 parishes included within the said union, whereby the said overseers were 
 
 ordered on the day of to pay to C. E. H. Esquire, on account 
 
 of the said union, the sum of , as the contribution by the said over- 
 seers of the said parish, of monies required by the said board of guardians 
 for the performance of their duties, which said order was duly served upon 
 A. B., one (a) of the said overseers ; and that the said overseers have 
 neglected to pay the said contribution to the said C. E. H. on account of 
 the said union, and the same is now in arrear ;* whereupon he, the said 
 W. B., applies to us, the said justices, to summon the said A. B., the said 
 overseer, to show cause, at a special sessions to be summoned for such pur- 
 pose, why such contribution has not been paid according to the form of 
 the statute in such case made and provided. 
 
 Before us J. S. W. B. 
 
 J. L. 
 
 10. Summons to the Overseer upon whom the Order was served (a). 
 To A . B., one of the overseers of the poor of the parish of S. in the 
 
 county of C. 
 
 County of C. ) Whereas application and complaint hath this day been 
 to wit. i preferred and made to us, the undersigned, two of her 
 Majesty's justices of the peace in and for the said county of C., and acting 
 within the district, to wit, the petty sessional division of N. in the same 
 county, wherein the parish of S. in the said county is situate, by W. B., 
 chairman of the board of guardians of the N. union, constituted by an 
 order of the poor law commissioners, and on their behalf: That [4c. recite 
 application No. 9, supra, to the asterisk*, then]: And the said W. B. 
 thereby applied to us, the said justices, to summon you the said A. B., to 
 show cause at a special sessions to be summoned for such purpose, why 
 such contribution has not been paid according to the form of the statute 
 in such case made and provided : * 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, acting within the said district, as may then be there at a 
 special sessions summoned for the purpose, to show cause why you have 
 not paid, and neglect to pay, the same, otherwise you shall be proceeded 
 against by default as if you had appeared, and be dealt with according to 
 law (b). 
 
 (a) See 12 & 13 Viet. c. 103, s. 7. 
 
 * Referred to in Distress Warrant No. 12. post. 
 
 (b) As the 2 & 3 Viet, c.84, s. 1, provides that the contribution is to be 
 recovered with costs in like manner as monies assessed for the relief of the poor 
 may be levied and recovered, this and the following form have been adapted to 
 those giveuin 12 & 13 Viet. c. 14, applicable to the recovery of parochial rates.
 
 386 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. Given under our hands and seals, this day of , in the year 
 
 2nd ed. p. 376. of our Lord , at , in the county aforesaid. 
 
 J. S. (L. s.) 
 J. L. (i. s.) 
 
 Take notice that you have already incurred the undermentioned costs, 
 viz. : 
 
 s. d. 
 
 Clerks to the justices 
 
 Chairman of guardians, for obtaining the summons . 
 Constable, for serving summons ....... 
 
 Ditto, travelling expenses, at threepence per mile . . 
 
 Total 
 
 If the amount of these sums, together with the contribution claimed, 
 be paid to C. E. H., the treasurer of the guardians, before the day on 
 which the summons is returnable, all further proceedings will be stopped. 
 
 11 One Justices Notice to the other Divisional Justices, or Clerk's 
 Notice, of the Special Sessions.'] Proceed to the asterisk * in either of the 
 General Forms No. 3 and 4, ante, p. 342, and then insert : the pur- 
 pose of hearing a certain application and complaint of W. B., chairman of 
 the board of guardians of the N. union, preferred and made to two of her 
 Majesty's justices of the peace for the said county of C., and acting in and 
 for the said division, against A. B., one of the overseers of the poor of the 
 parish of S. in the said union and division, for the arrear and non-pay- 
 ment of the sum of , being the contribution by the said overseers of 
 
 monies required by the said board of guardians for the performance of 
 their duties, to which special sessions the said A. B. as such overseer has 
 been summoned to show cause why such sum of money and contribution 
 so in arrear as aforesaid has not been paid. 
 
 12. Warrant of Distress upon Goods of Overseer. 
 
 To the constable of the parish of S., in the county of C., and to all 
 
 other peace officers in the said county. 
 
 County of C. ) Whereas [4~c. recite Application No. 9, as in Summons 
 to wit. 5 No. 10, supra, to the second asterisk *, then :] and now at 
 
 this day, to wit, on the day of , in the year of our Lord , 
 
 at the in N., in the district and county aforesaid, (being a special 
 
 sessions duly summoned for the purpose,)f the parties aforesaid, that is to 
 say, the said A. B. as such overseer, and W. B., the chairman of the said 
 board of guardians [by G. G., gentleman], and on behalf of the said board, 
 appear before us, the undersigned, [two'] of her Majesty's justices of the 
 peace in and for the said county, and acting within the district aforesaid 
 at such special sessions, 
 
 [or if the overseer do not appear, say from the obelisk f, the said 
 W. B., the chairman of the said board of guardians [by G. G., 
 gentleman], and on behalf of the said board, appear before us, 
 the undersigned, [two'] of her Majesty's justices of the peace in 
 and for the said county, and acting within the district aforesaid 
 at such special sessions, but the said A. B., the said overseer, 
 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. hath been duly served with the summons in this 
 behalf, which required him to be and appear at this present
 
 CHAP, i.j POOR. 387 
 
 special sessions here at this day before such two or more justices Oke's Synop- 
 of the peace as should now be here, to show cause why he had 2nd ed. p. 376. 
 not paid and neglected to pay the said sum of money and con- 
 tribution, and to be further dealt with according to law] : 
 And now having heard the matter of the said application and complaint 
 preferred as aforesaid, and it being now duly proved to us upon oath [in 
 the presence and hearing of the said A. B.J that the several allegations in 
 the aforesaid application and complaint of the said W. B. are true ; and 
 the said A. B. now not showing to us any sufficient cause for not paying 
 the said sum of money and contribution : These are therefore to com- 
 mand 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 of , and the sum of , for 
 
 the costs occasioned by such arrear and obtaining this warrant, making in 
 
 the whole the sum of , 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 pay the said sum of to the said board of guardians, 
 
 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 , at , in the county aforesaid, and 
 
 at the special sessions aforesaid. 
 
 [ Just ices' signatures and seals.'] 
 
 N.B. The commitment in default of distress, should there be no goods, 
 will be in the Form (D), in Sched. to 12 & 13 Viet. c. 14, and 
 will be found in tit. "Rates," in Chap. II., post, adapting the 
 recital to the above warrant of distress. 
 
 13. Justices' Appointment of Special Sessions for the Year ensuing for hear- 
 ing Appeals against Parochial Rates. (6 & 7 Will. 4, c. 96, a. 6.) (a) 
 
 N., 27 March, 1849. 
 
 We, the undersigned justices of the peace, acting in and for thfr petty 
 sessions division of N., do hereby appoint the following days as special 
 sessions for hearing of appeals against the rates of the several parishes in 
 this division for the year ensuing, to be held at the place above-mentioned 
 at twelve o'clock at noon of each day, that is to say : 
 
 [here state the days.] 
 Given under our hands the day and year first above written. 
 
 [ Just ices' signatures.] 
 
 14. Justices' Precept to Petty Constables to affix Notice. 
 To the constables of the parish of , in the petty sessions divi- 
 sion of N., in the said county. 
 
 County of C. } We, the undersigned justices of the peace, acting in and 
 to wit. i for the said division, having this day, in pursuance of the 
 statute in that case made and provided, appointed the following [five] 
 days for holding special sessions for hearing appeals against the rates of 
 the several parishes within the said division, viz. 
 [here state the days.] 
 
 (a) This should be written in " The Special Sessions Book," and is usually 
 done on the day of appointing overseers. Vide note (a), ante, p. 343, see also 
 12 & 13 Viet. c. 18,8. 1. 
 
 c c 2
 
 388 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. do hereby require you to affix to or near to the door of your parish 
 
 2nd ed. p. 376. church, twenty-eight days at the least before the day of holding each of 
 
 the said special sessions, one of the notices in the Form sent herewith, 
 
 applicable to such special sessions, after the same shall have been signed 
 
 by you. 
 
 Given under our hands and seals the - day of March, 18 . 
 
 [Justices' signatures and seals.] 
 
 15. Notice sent with Form No. 14, supra, for Church Door (). 
 
 Division of N. 
 
 Notice is hereby given, that a special sessions of her Majesty's justices 
 of the peace in and for the county of C., acting in and for the said divi- 
 sion, being a petty sessions division for hearing appeals against the rates 
 of the several parishes within the said division, will be held at the - 
 in N. in and for the said division, on - the - day of - next. 
 Dated the - day of - , 185. 
 
 T N $ Constable of the parish of C. 
 i in the said division. 
 
 16. Justices' Clerks' Notice to Overseers of the Special Sessions. 
 
 To the churchwardens and overseers of the poor [or surveyors of the 
 highways] of the parish of -- , in the petty sessions division 
 of N., in the said county. 
 
 County of C. I We beg to give you notice that her Majesty's justices of 
 to wit. \ the peace, acting in and for the said division, have this day, 
 in pursuance of the statute in such case made and provided, appointed 
 the following [five] days for holding special sessions for hearing appeals 
 against the rates of the several parishes within the said division, at the 
 - in N. in and for the said division, at the hour of twelve at noon of 
 each day ; that is to say, 
 
 [here state the days."] 
 
 and that the said justices have issued their precepts to the constables of 
 your parish duly to fix a notice thereof respectively to or near to the 
 door of your parish church. 
 
 Dated this - day of March, 185. 
 
 I.G.a,,dB. 
 
 17. Notice of Objection. 
 
 To the churchwardens and overseers of the poor [or surveyors of the 
 highways] of the parish of D.. in the division of N., in the 
 said county of C., and each and every of them. 
 
 Take notice, that I, C. D., of D., in the division of N. aforesaid, 
 [grocer], an inhabitant and occupier of a house and land in the said 
 parish of D., and rated as such in the rate hereinafter mentioned, do in- 
 tend at the next special sessions of the peace to be holden pursuant to 
 the statute in that behalf, for the hearing of appeals against the rates of 
 the several parishes in the said division, at the - in N., in and for the 
 said division, on - the - day of - , to commence and prosecute 
 an appeal against a rate made, or appearing to be made, for the relief 
 of the poor [or the maintenance of the highways] of the said parish of 
 
 (i) So many copies of this notice as there are special sessions days for the 
 year should be filled up and transmitted with the precept to each parish con- 
 stable.
 
 CHAP. I.] POOR. 
 
 D., bearing date the day of last, by you the said church- Oke's Synop. 
 
 wardens and overseers of the poor [or surveyors of the highways], and 2nd ed. p. 376. 
 appearing to have been allowed by J. S. and J. L., Esquires, two of her 
 
 Majesty's justices of the peace acting for the said county, on the 
 
 day of , on the following grounds, or some or one of them, that is to 
 
 say, {here state the grounds, for which see 3 Arch. J. P. 4th ed. p. 187.] 
 
 And take notice to produce at the hearing of the said objections the 
 rate above-mentioned. 
 
 Given under my hand this day of , 18 . 
 
 C. D. 
 
 18. Summons to a Witness. (See ss. 70, 74 of 7 & 8 Viet c. 101.) 
 
 To E. F., of the parish of , in the county of . 
 
 County of C. > Whereas at a special sessions of her Majesty's justices 
 to wit. $ of the peace for the said county of C., acting in and for 
 
 the petty sessions division of N., this day held at the in N., in the 
 
 same county and division, for hearing of appeals against the rates of the 
 several parishes in the said division, pursuant to the statute in that behalf, 
 C. D. of the parish of D., in the said division, has duly entered an ap- 
 peal against a rate made for the relief of the poor [or the maintenance 
 
 of the highways] of the said parish of D., bearing date the day of 
 
 last, and the hearing of which said appeal is respited to the next 
 
 special sessions to be holden at the aforesaid on the day of 
 
 next ; and the said C. D. having informed me the undersigned, one 
 
 of the justices present at the said special sessions, that you are a material 
 witness on his behalf upon the matter of the said appeal, hath requested 
 that I will summon you to appear and give evidence thereon : These are 
 
 therefore to require you to be and appear on , at twelve o'clock at 
 
 noon, at N. before such justices of the peace of the said county as may 
 then be there in special sessions assembled, to testify what you shall know 
 concerning the matter of the said appeal. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at in the county aforesaid. 
 
 J. S. (L.S.) 
 
 19. Rules for regulating the Practice on hearing Appeal* (a). 
 
 County of C. > At a petty sessions of her Majesty's justices of the peace 
 
 to wit. \ in and for the said county of C., acting in and for the 
 
 petty sessions division of N. in the same county, held at the 
 
 in N. in the same division and county, on the 
 
 day of , in the year of our Lord , pursuant to notice 
 
 to all the justices of the said division. 
 It is ordered, 
 
 That the following rules for regulating the practice of the court of 
 special sessions for hearing appeals against the rates of the several 
 parishes within the said petty sessions division, according to the pro- 
 visions of an act passed in a session of parliament held in the sixth and 
 seventh years of the reign of his late Majesty King William the Fourth, 
 intituled, " An Act to regulate Parochial Assessments," shall be observed 
 with respect to and at such special sessions, that is to say, 
 
 1. All appeals shall be entered with the clerks to the justices at their 
 office not later than twelve o'clock at noon on the day next 
 before the day of holding the special sessions at which the 
 appeal is to be heard or respited. 
 
 (a) This has been adapted from Forms given at 2 J. P. pp. 186, 221.
 
 390 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 2. All appeals shall be entered in " The Special Sessions Book" by 
 
 2nd. eel. p. 376. the clerk in the order in which they are received, and be called 
 
 on for hearing in that order; and if upon calling on such appeal 
 no person shall appear, nor any cause be assigned for continu- 
 ing or adjourning such appeal, the same shall be dismissed. 
 
 3. No appeal shall be heard or respited unless made to the first prac- 
 
 ticable special sessions after the publication of the allowance of 
 the rate in question, unless such special sessions shall be held 
 within twenty-one days after such publication, in which case 
 appeal shall be made to the next succeeding special sessions. 
 
 4. No appeal shall be commenced at an adjournment of any special 
 
 sessions unless such appeal shall have been entered and notice 
 thereof given in the usual manner previousiy to the original 
 special sessions of which it is such adjournment. 
 
 5. The order of procedure to be observed at such special sessions 
 
 shall be as follows: 
 
 The notice in writing of grounds of appeal, signed by the 
 appellant, to be put in proof to be given, or admission, 
 of its due service on the collector, overseers, or other 
 persons by whom the rate was made, seven days at least 
 before the day of appeal, as required by section 6 of the 
 statute above-named, and notice to be read. 
 
 After the opening of the appellant's case, the respondents 
 to put in the rate. 
 
 If the respondents do not attend, or refuse to produce the 
 rate, proof of notice to produce it must be given. An 
 attested copy of the rate may then be read in evidence, 
 or its contents proved by parol testimony. 
 
 Evidence in support of the appellant's case to be produced. 
 
 Respondents to state their case and produce their evidence. 
 
 Appellant to reply upon the whole case. 
 
 Judgment of quashing, confirmation, or amending rate, 
 with or without costs. 
 
 6. No person shall be permitted to address the court in support or 
 
 defence of any such appeals, or examine witnesses thereon, 
 except the appellants or respondents in person, or their counsel, 
 orattornies, or the duly authorized clerks of such attornies. 
 
 7. The following shall be the table of fees (a) which the clerks to the 
 
 justices shall be entitled to demand on the hearing of appeals, 
 conformably to the practice at the county sessions : 
 
 s. d. 
 
 Entering appeal, and calling same .... 
 
 Adjourning or respiting appeal at the request 
 
 of the parties, including the order for that 
 
 purpose 
 
 Confirming, quashing, or amending rate, and 
 
 order for that purpose and for costs. . . 
 
 Reading every document given in evidence . 
 
 For every oath to each witness 
 
 For every taxation of costs, including appoint- 
 ment and allocatur 
 
 [Signatures of the Justices.] 
 I. G. and 13., Clerks to the Justices. 
 
 (a) These should be in accordance with the Table in force made under the 
 26 Geo. 2, c. 14.
 
 CHAP, i,] POOR. 391 
 
 20. Decision of Special Sessions upon Appeal. (From J. Stone's Petty , ke '? Syn ~E~ 
 Sessions, by Westoby, 5th ed. p. 427.) 2nd ed< P* 376 ' 
 [Caption as in Form No. 1, ante, p. 351, tit. " Constables (High)."] 
 We, the undersigned, [two] of her Majesty's justices of the peace in 
 and for the said county, acting in and for the said division (a) then and 
 there present, did, in pursuance of a notice of objection duly given accord- 
 ing to the provisions of the said statute, and verified [or admitted] before 
 us, proceed to hear and determine a certain objection [or certain objec- 
 tions] by way of appeal made by C. D. of the parish of D. in the said 
 county and division [grocer], against a rate made for the relief of the 
 poor [or the maintenance of the highways] of the said parish of D., bear- 
 ing date and made on the day of , in the year , that is to 
 
 say, [here state the nature of the objection or objections as set forth in the 
 notice] ; and after hearing what could be alleged as well on behalf of the 
 said objector as on behalf of the collector [or overseers, or surveyors] by 
 whom such rate was made, we do hereby order that the said rate be and 
 the same is hereby in all respects quashed [or confirmed ; or that the 
 said rate be amended as follows : that is to say, [here set out the rating to 
 be lowered or raised as the case may be, as by reducing the sum specified 
 
 under the column of "gross estimated rental " from the sum of to 
 
 the sum of , and the sum mentioned under the column of "rateable 
 
 value " from the sum of to the sum of ; and the sum stated 
 
 under the column of " rate at in the pound " from the sum of 
 
 to the sum of ] ; and further that the clerk to the justices of this 
 
 special sessions do amend the said rate accordingly. [And if the justices 
 deem it proper to allow costs on either side, add thefollmcing : and we do 
 
 hereby further order that the said do forthwith [or on or before the 
 
 day of next] pay to the said the sum of for and in 
 
 respect of the costs of the said in prosecuting [or defending] the 
 
 above-mentioned objection [or objections]. Given under our hands and 
 seals at the special sessions [or adjourned special sessions] aforesaid. 
 
 [Signatures and seals of at least two justices.'] 
 
 21. Order respiting Appeal to the next Special Sessions. 
 County of C.) At a special session, &c. [place Caption as in Form 
 
 to wit. 5 No. 1, ante, p. 351.J 
 
 On the application of Mr. G., on behalf of C. D. of the parish of D. in 
 the said division, a person rated to the relief of the poor [or the main- 
 tenance of the highways] of the said parish of D. in and by a certain rate 
 
 bearing date the day of last, against which said rate the said 
 
 C. D. has duly entered an appeal : It is ordered that the hearing of the 
 said appeal be respited to the next special sessions to be held in and for 
 this division for that purpose. Given, &c. [as in Form No. 20, supra.] 
 
 22. Recognizance on Appeal against Decision of the Special Sessions. 
 (Id. s. 6. )] Procee d as in the Form of Recognizance 'No. 1 3 ( E. ), ante, p. 28, 
 stating the condition thus .-the condition of the within-written recogni- 
 zance is such, that if the said A. B. shall, at the next general [or quarter] 
 
 sessions of the peace to be holden at in and for the said [county] 
 
 of , enter and prosecute an appeal against a certain order and decision 
 
 bearing date the day of instant, and made by [names'] [two] 
 
 of her Majesty's justices of the peace of and for the said [county] of , 
 
 acting in and for the division of N. in the same [county] in specal ses- 
 
 (a) Sfce 12 & 13 Viet. c. 18, a. 1.
 
 392 Other Proceedings out of Sessions. [PART ur. 
 
 sions, whereby the said justices did order that [state the substance of the 
 order] ; and further, that if the said A. B. shall abide by and duly per- 
 form the order of the court to be made upon the trial of such appeal, then 
 the said recognizance to be void, or else to remain in full force and virtue. 
 
 THEATRES. 
 
 Oke's Synop. 1. Application to Clerks to Justices by Manager. (6 & 7 Viet. c. 68, 
 
 2nded. s. 5). [From 7 L. T. 354; 10 J. P. 479.] 
 
 p. 376378. To ]yf essr8 . L (j. and B. clerks to the justices of the peace of the 
 
 county of C. acting in and for the division of N. in the same 
 county. 
 
 I, the undersigned C. G., being the actual and responsible manager of a 
 certain company of players carmnonly called or known by the name or 
 
 style of the Company of Players, do hereb)', in pursuance and by 
 
 virtue of an act passed in a session of parliament holden in the sixth and 
 seventh years of the reign of her present Majesty, intituled, " An Act 
 for regulating Theatres," give you notice that I intend to make applica- 
 tion at a special session, to be holden in and for your said division, to the 
 justices of the peace assembled thereat for a licence to be granted unto me 
 
 for the performance of stage plays in a certain building called the , 
 
 situate at , in the division and county aforesaid, for the space of 
 
 calendar months ; and I request you will, within twenty-one days next 
 after this application, appoint a day for holding a special sessions in the 
 said division for the purpose of granting unto me such licence, and that 
 you will give notice of the holding of such session to each of the justices 
 acting within such division, pursuant to the statute aforesaid. Witness 
 
 my hand this day of 1 85 . 
 
 C. G. 
 
 Signed by the said C. G. in the presence of 
 us the undersigned, two of her Majesty's 
 justices of the peace of and for the said 
 county of C., and acting in and for the 
 said division of N. J. S. 
 
 J. P. 
 
 2. Justices' Clerks' Notice to Justices. (Id.) 
 To the Reverend J. T. B., Clerk, one of her Majesty's justices of the 
 
 peace acting in and for the division of N. in the county of C. 
 Agreeably to the terms of a notice delivered to us under the statute 
 6 &7 Viet. c. 68, intituled, "An Act for regulating Theatres," by one 
 C. G., the actual and responsible manager of a certain company of 
 players, commonly called or known by the name or style of Com- 
 pany of Players, of his intention to make application at a special sessions, 
 to be holden in and for the said division, to the justices of the peace 
 assembled thereat, for a licence to be granted to him for the performance 
 
 of stage plays in a certain building, called the , situate at , in 
 
 this division and county, for the space of calendar month ; we do 
 
 hereby give you notice, that a special session of the justices acting in and 
 
 for the said division will be held at the in N. on the day 
 
 of next, at the hour of twelve at noon, for the purpose, and pursuant 
 
 to the statute above-mentioned. Dated this day of , 185 . 
 
 I G and R * Clerks to the J ustices of 
 
 1 VI. (UHl 1 >. v . i 1 I- * 
 
 { the said division.
 
 CHAP, i.] THEATRES. 393 
 
 3. Licence of Theatre, and Rulesfur Order, $c. (Id. ss. 3, 5, 9.) Oke's Synop. 
 
 County of C. \ At a special session of her Majesty's justices of the 376378 
 to wit. \ peace of and for the county of C., acting for the division 
 of N. in the same county, holden in and for the said division, 
 
 at the , in N., in the same division, on , the 
 
 day of , in the year of our Lord one thousand eight hun- 
 dred and , for the purpose of granting licences to houses 
 
 for the performance of stage plays, in pursuance of the statute 
 made and passed in a session of parliament holden in the sixth 
 and seventh years of the reign of her present Majesty, intituled 
 " An Act for regulating Theatres." 
 
 We, the undersigned, being four of her Majesty's justices of the peace 
 acting for the said division, present at this special session, do hereby 
 license, authorize and empower C. G , he being the actual and respon- 
 sible manager of a certain company of players, commonly called or known 
 
 by the name or style of Company of Players, to have and keep 
 
 open a certain building, called the , situate at , in the division 
 
 and county aforesaid, as and for a house and place of public resort for the 
 public performance of stage plays, under the provisions of the statute 
 
 aforesaid, for the space of calendar months from the date hereof; 
 
 provided that the said C. G. do observe and keep the rules for insuring 
 order and decency at and in the said theatre so licensed by us the said 
 justices, and for regulating the times during which the said theatre shall 
 be allowed to be open, a copy of which rules is annexed to this licence, 
 pursuant to the statute aforesaid in that case made and provided. Given 
 under our hands and seals at the special sessions above mentioned in open 
 court. 
 
 [Signatures and seals of at least four justices.] 
 
 RULES. 
 
 1. The theatre shall be closed every Sunday, Christmas Day, Good 
 Friday, and days appointed for a public fast and thanksgiving, and 
 during Lent. 
 
 2. The theatre shall be closed every Saturday night at the hour of half- 
 past eleven. 
 
 3. No spirituous liquors, wine, ale, beer, porter, cider, perry or tobacco 
 shall be sold or disposed of in the theatre, or upon the premises. 
 
 4. Police constables when dressed in uniform, or other constables when 
 not dressed, if known as such to the manager or his servants, shall be 
 permitted to have free egress to the theatre at all times during the time 
 of public performance. 
 
 5. The manager shall, to the best of his ability, maintain and keep good 
 order and decent behaviour in the theatre during the hours of public 
 performance. 
 
 6. For every breach of the above rules the manager shall forfeit and pay 
 a penalty not exceeding 5. 
 
 [Signed as in licence.] 
 
 4. Recognizance of Manager and Sureties for observing Rules. (Id. 
 8> 7.)]_T/m will be in the General Form, No. 48, (S. 1). ante, p. 276, 
 with the following condition .-The condition of the within written recog- 
 nizance 'is such, that if the said C. G. shall duly observe and keep the 
 several rules for insuring order and decency at and for regulating the 
 
 times of opening a certain theatre, situate at , in the division of N., 
 
 in the said county of C., made and annexed to the licence of the said 
 theatre granted to the said C. G. this day by us, the justices within men-
 
 394 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. tioned, in pursuance of the statute 6 & 7 Viet. c. 68, for the space of 
 2nd ed. calendar months, during the currency thereof; and shall also duly 
 
 p. 376 378. pay all penalties which the said C. G. may be adjudged to pay for breach 
 of the said rules, or any of the provisions of the said act,* then the said 
 recognizance to be void, or else to stand in full force and virtue. 
 
 5. Notice of Recognizance ] Take notice that you C. G. are bound in 
 
 the sum of , and your sureties D. E. and F. G. in the sum of 
 
 each, that you the said C. G. shall duly observe and keep [fyc. as in 
 the recognizance, No. 4, supra to the asterisk*, and then ] and unless 
 the same be observed, kept and paid accordingly, the recognizance 
 entered into by you and your sureties shall be forthwith levied on you 
 
 and them. Dated this day of , 185 . 
 
 [This may be signed by one of the justices granting the licence.] 
 
 6. Order rescinding Rules or altering them, or making other Rules, (s. 9.) 
 
 At a [or an adjourned] special session [4c. as in Form No. 3, supra.] 
 
 We, the undersigned, being [four] of her Majesty's justices of the peace 
 
 acting for the said division, present at this [adjourned] special session, do 
 
 hereby rescind the rules [numbered 1 and 3], made and annexed to the 
 
 licence of a certain theatre situate at , duly granted to one C. G. on 
 
 the day of last, in pursuance of the statute aforesaid. 
 
 [or do hereby alter the rule numbered 6, made and annexed, &c., by 
 inserting, instead of the penalty of 5, the sum of 3 [or as the 
 case may be], 
 
 [and in case of new rules being made for those rescinded, say : and 
 do make and order the following rules instead, that is to say 
 [litre set them out.] 
 Given, &c. [as in No. 3, supra] 
 
 7. Order of two Justices to close Theatre in case of Riot or Breach of the 
 
 Peace. (Id. s. 9.) 
 
 To C. G., the manager of a certain theatre situate at , licensed 
 
 under the statute 6 & 7 Viet. c. 68. 
 
 Whereas it hath this day been duly proved on oath before us, the 
 undersigned, two of her Majesty's justices of the peace for the county of 
 C. usually acting in the jurisdiction where the theatre above mentioned 
 is situate, that a riot and breach of the peace has taken [or is about to 
 take place] in the said theatre [or in the neighbourhood of the said 
 theatre], we do hereby order that the said theatre be closed for the space 
 
 of from this hour [or the date hereof], and we do hereby order 
 
 you the said C. G. to close the same accordingly. Given under our 
 
 hands and seals, this day of , at twelve o'clock at noon. 
 
 [Justices' signatures and seals]
 
 CHAP, ii.] ( 395 ) 
 
 CHAPTER II. 
 
 FORMS FOR USE IN MATTERS TO BE DONE IN PETTY 
 SESSIONS, OR BY ONE JUSTICE. 
 
 Where the matter is within Jervis's Act (11 & 12 Viet. c. 43,) such of 
 the General Forms in Chap. I. of Part I. (pp. 2365,) as are required 
 are referred to or adapted ; where otherwise, new ones are given as the 
 occasion may demand. 
 
 ALEHOUSES. 
 Vide Temporary Authority to sell, Form No. 1, ante, p. 348. 
 
 Vide tit. " Riots," post, for orders to close houses in case of riot or 
 tumult. 
 
 APPRENTICES. 
 
 I. As to Parish Apprentices. 
 II. As to Apprentices in general. 
 
 I. As TO PARISH APPRENTICES (a). 
 
 1. Order of two Justices for binding out Apprentice. (56 Geo. 3, Adapted from 
 
 c.l 39, s.l.) Form in 1 Arch. 
 
 Leicestershire to wit. Whereas J. N. and J. S., overseers of the poor J- P 96. 
 of the parish of A. in the county of Leicester, have this day brought 
 before us, J. P. and N. P., Esquires, (two of her Majesty's justices of the 
 peace in and for the said county,) one C. D., a poor male [or female] 
 
 child of the age of years, having a settlement in the said parish, 
 
 whose parents are not able to keep and maintain him, and the said J. N. 
 and J. S., as such overseers as aforesaid, now propose to us the said justices 
 that they shall bind the said C. D. apprentice to one E. F. of the parish of 
 
 in the county of , shoemaker, and residing within the distance 
 
 of forty miles from the parish or place to which the said C. D. belongs, 
 [or residing, or having an establishment in trade, at which it is in- 
 tended that the said C. D. shall be employed, out of the said 
 county, and at a greater distance than forty miles from the 
 
 (a) The Forms Nos. 1 and 3 to 13 apply to apprentices in parishes not within 
 an union ; the Form No. 2 to apprentices in unions or parishes under guar- 
 dians, the 7 & 8 Viet. c. 101, s. 12, requiring the guardians to bind the person 
 without the interposition of justices.
 
 Other Proceedings out of Sessions. [PART in. 
 
 parish of A. to which the said C.D. belongs, and the said parish 
 of A. being more than forty miles from the city of London], 
 with him the said E. F. to dwell and him to serve, until the said C.D. 
 shall attain the age of twenty-one years [adding, if the apprentice be a 
 female, " or until the time of her marriage, which shall first happen"], 
 according to the statutes in such case made and provided : and whereas 
 we the said justices have made the necessary examination and inquiries 
 directed and required by the statute in such case made and provided, and 
 upon such examination and inquiries think it proper that such child shall 
 be bound apprentice to the said E. F. [adding, if he live out of the county 
 and above forty miles from the child's parish, " because we find that " 
 and then specifying their reasons for apprenticing the child out of the 
 county, 4r.] : we, therefore, do hereby declare that the said E. F. is a fit 
 person to whom the said C. D. may be properly bound an apprentice, 
 and hereupon we order that the overseers of the said parish of A. shall be 
 at liberty to bind the said C. D. apprentice accordingly. Given under our 
 
 hands and seals, at , this day of , in the year of our Lord 
 
 , at , in the county aforesaid. 
 
 [Justices' signatures and seals.'] 
 
 2. Indenture of Apprenticeship by Guardians without Premium, and 
 without Justices' consent. (7 & 8'Vict. c. 101, s. 12.)] This Form 
 being very long is not inserted, but one is published by Shaw & Sons, as 
 drawn by Mr. Lumley. 
 
 3. Allowance of Indenture by two Justices where the binding Parish is. 
 (56 Geo. 3, c. 139, s. 1.)] From I Arch. J. P. 4th ed. p. 100. 
 
 We, whose names are hereunder written and seals affixed, justices of 
 
 the peace in and for the county of aforesaid, whereof one is of the 
 
 quorum, do consent to the binding of A. B. to be an apprentice according 
 to the intent and meaning of this indenture,* and we sign and seal this 
 our allowance of such indenture of apprenticeship before the same hath 
 been executed by any of the other parties thereto. Given under our 
 
 hands and seals, this day of , in the year of our Lord , at 
 
 , in the county aforesaid. 
 
 [Justices' signatures and se,-ils.] 
 
 4. The like, before Justices where the Child is to serve. (Id. p. 101.) 
 This will be the same as Form No. 3, except as notice is required to be 
 given by section 2 to the overseers of the parish where the child is to 
 serve, [insert at the asterisk * " it having been proved upon oath before 
 us, or admitted before us by the overseers of the said parish of B.] that 
 due notice in writing has been given by the overseers of the poor of the 
 said parish of A. to the overseers of the poor of the said parish of B. of 
 such binding being intended." 
 
 5. Order of Justices, on Master removing, for continuing, assigning, or 
 discharging Apprentice. (56 Geo. 3. c. 139, s. 8.)] From 1 Arch. 
 J. P. 4th ed. p. 105. 
 
 Berkshire to wit : Whereas C. D., the master of the apprentice in the 
 within indenture mentioned, is about to remove his residence [or esta- 
 blishment of business] out of the said county of Berks, [or more than 
 
 forty miles from the parish of wherein the same was when J. Y., 
 
 the said apprentice, was so bound as within mentioned,] and the said 
 C. D. hath given due notice thereof to the churchwardens and overseers 
 of the poor of the parish of , where the said J. Y., the said apprentice,
 
 CHAP, ii.] APPRENTICES. 397 
 
 now resides : And whereas the said C. D., the said J. Y., and the over- 
 seers of the poor of the said parish of , now appear before us, the 
 
 undersigned, two of her Majesty's justices of the peace for the county of 
 Berks, wherein the said J. Y. is now serving; and we the said justices, 
 having made due inquiry whether it may be fit and proper that the said 
 J. Y. should continue in the service of the said C. D., or be discharged 
 therefrom, or bound or assigned over to any other person, do find that it 
 is fit and proper that the said J. Y. should [#o.] ; and we do hereby 
 order [4"C.j ; [and if the order be to discharge the apprentice, or assign or 
 bind him to another master, the justices may add : " and we do hereby 
 
 order and require the said C. D. to pay to the sum of , being 
 
 such part of the premium by him received with the said apprentice as to 
 us seems meet and reasonable, for the purpose of binding [or assigning] 
 him the said J. Y. to another master."] Given under our hands and seals, 
 
 this day of , in the year of our Lord , at , in the 
 
 county of Berks aforesaid. 
 
 [Justices' signatures and seals.] 
 
 6. Order on Master dying for Apprentice continuing with Widow, fyc. 
 (32 Geo. 3, c. 57, s. 2.) Form given by the statute. 
 
 County of } Whereas F. M. [the master], within named, late of the 
 
 S parish of in the said county, died on the day of 
 
 , being within three calendar months now last past : we, two of her 
 
 Majesty's justices of the peace for the county aforesaid, whose names are 
 hereunto subscribed, on the application and at the request of* A. M., widow 
 [or as the case moy be] of the said F. M , living with and being part of 
 the family of the said F. M. at the time of his death, do hereby order 
 and direct that A. P., the apprentice within named, who was in the service 
 and actual employment of the said F. M. at the time of his death, shall 
 serve the said A. M. as such apprentice for the residue of the term 
 of such apprenticeship within mentioned, according to the provisions of an 
 act passed in the thirty-second year of the reign of King George the Third, 
 intituled " An Act for the better Regulation of Parish Apprentices." 
 
 Witness our hands this day of . 
 
 [Justices' signatures.] 
 
 7. Widow's Acceptance of Apprentice. (Id.)] I, the above named 
 A. M., do hereby declare that the above order is made at my request, and 
 that I do accept the said A. P. as my apprentice, according to the terms 
 and covenants contained in the said indenture, and according to the pro- 
 visions of the said act. 
 
 Witness my hand the day and year above wrtiten. 
 
 \ A 1 . 
 
 8. The like Order by a separate Instrument. (1 Arch. J. P. 4th ed. 
 
 p. 107.) 
 County of ) Whereas it appears unto us, two of her Majesty's justices 
 
 J of the peace for the said county, that A. P. [the apprentice] 
 
 was bound an apprentice by the churchwardens and overseers of the poor 
 
 of the parish of , in the said county, to F. M. [the master], late of 
 
 the said parish, and that the said F. M. died on the day of , 
 
 being within three calendar months now last past : Now we the said two 
 justices, on the application and at the request of [SfC. proceed from the 
 asterisk * in Form No. 6, supra, to the end.]
 
 Other Proceedings out of Sessions. [PART in. 
 
 9. Assignment of an Apprentice by Indorsement on the Indenture or 
 Counterpart. (32 Geo. 3, c. 57, s. 7.) Given in Act. 
 
 County of \ Be it remembered, that the within named F. M. [the master], 
 
 \ by and with the consent and approbation of J. P. and K. P., 
 
 two of her Majesty's justices of the peace for the said county, whose 
 names are subscribed to the consent hereunder written, doth hereby 
 assign A. P., the apprentice within named, unto N. M. [the new -master], 
 to serve him during the residue of the term within mentioned; and that he 
 the said N. M. doth hereby agree to accept and take the said A. P. as an 
 apprentice for the residue of the said term, and doth hereby acknowledge 
 himself his executors and administrators to be bound by the agreements 
 and covenants within mentioned on the part of the said F. M. to be 
 done and performed, according to the true intent and meaning thereof, 
 and pursuant to the provisions of an act passed in the thirty-second year 
 of the reign of King George the Third, intituled " An Act for the further 
 Regulation of Parish Apprentices." In witness whereof, we the said 
 F. M. and N. M. have hereunto set our hands, this day of . 
 
 We, two of her Majesty's justices of the peace above mentioned, do 
 
 consent thereto. Witness our hands this day of . J. P. 
 
 K. P. 
 
 10. The like, by a separate Instrument. (1 Arch. J. P. 4th ed. p. 109. 
 See R. v. Exmimter, 6 Ad. & El. 598.) 
 
 County of ) Whereas it appears unto us, J. P. and K. P., two of her 
 
 i Majesty's justices of the peace for the said county, whose 
 
 names are subscribed to the consent hereunder written, that A. P. was 
 bound an apprentice by the churchwardens and overseers of the poor of 
 
 the parish of to F. M. of the same parish, by indenture bearing 
 
 date on or about the day of , until the said A. P. should attain 
 
 his age of twenty-one years: Now be it remembered, that the said F. M., 
 by and with the consent, &c. [and so to the end as before, mutatis 
 mutandis.~\ 
 
 11. Overseer or Churchwarden's Complaint against Master of Parish 
 Apprentice for enforcing Covenant for Maintenance. (See 32 Geo. 3, 
 c. 57, s. 6.)] That A. P. [the apprentice] was bound an apprentice by 
 
 the churchwardens and overseers of the poor of the parish of to F. M, 
 
 [the master], [late] of the same parish, by indenture bearing date on 
 
 or about the day of , for the term of , and with whom not 
 
 more than the sum of five pounds, to wit, , was then given as premium, 
 
 and that the said F. M. hath, during the term of the said apprenticeship, 
 
 to wit, from the day of last, to the day of instant, 
 
 refused [or neglected], and still refuses [or neglects] to maintain and 
 provide for his said apprentice A. P., according to the terms of the cove- 
 nant for that purpose in the said indenture, and to reimburse the said 
 churchwardens and overseers the sum of , which they have necessa- 
 rily and reasonably expended for the maintenance and clothing of the 
 said A. P. during the period last aforesaid. 
 
 12. Summons to Master.'] This will be in the General Form No. 8 
 (A), ante, p. 26, reciting the Complaint No. ] 1, supra. 
 
 13. It will be advisable to have an Order, which should be in the General 
 Form No. 44 (K. 1), ante, p. 42, and enforced by Distress Warrant, &c. 
 No. 66 (N. 2) 71, ante, pp. 5759.
 
 CHAP, ii.] APPRENTICES. 399 
 
 Okes Synop. 
 II. As TO APPRENTICES IN GENERAL. 2nd ed. p. 379. 
 
 14. Usual Printed Form of Indentwe. 
 
 This indenture witnesseth, that A. B. doth put himself apprentice to 
 C. D. to learn his art and with him [after the manner of an apprentice] 
 
 to serve from the until the full end and term of seven years from 
 
 thence next following to be fully complete and ended : during which term 
 the said apprentice his master faithfully shall serve, his secrets keep, his 
 lawful commands everywhere gladly do ; he shall do no damage to his 
 said master, nor see to be done of others, but to his power shall let or 
 forthwith give warning to his said master of the same ; he shall not waste 
 the goods of his said master, nor lend them unlawfully to any ; he shall 
 not commit fornication nor contract matrimony within the said term ; 
 he shall not play at cards, dice, tables, or any other unlawful games, 
 whereby his said master may have any loss, with his own goods or others 
 during the said term without licence of his said master ; he shall neither 
 buy nor sell ; he shall not haunt taverns or playhouses, nor absent him- 
 self from his said master's service day or night unlawfully, but in all things 
 as a faithful apprentice he shall behave himself towards his said master 
 and all his during the said term : and the said A. B. his said apprentice, 
 
 in the art of which he useth, by the best means that he can, shall 
 
 teach and instruct, or cause to be taught and instructed, limiting unto the 
 said apprentice sufficient meat, drink, lodging, and all other necessaries 
 during the said term [if a clause is to be inserted providing for the death 
 of the master, here say : provided always, that the said last-mentioned 
 covenant on the part of the said A. M., his executors and administrators, 
 to be done and performed, shall continue and be in force for no longer 
 time than for three calendar months next after the death of the said 
 A.M., in case he the said A.M. shall happen to die during the con- 
 tinuance of such apprenticeship, according to the provisions of an act 
 passed in the thirty-second year of the reign of his late Majesty King 
 George the Third, intituled " An Act for the further Regulation of 
 Parish Apprentices :"] And for the true performance of all and every 
 the said covenants and agreements either of the said parties bindeth him- 
 self unto the other by these presents. In witness whereof the parties 
 above named to these indentures interchangeably have put their hands and 
 
 seals the day of , and in the year of the reign of our sovereign 
 
 lord , by the grace of God, of the united kingdom of Great Britain 
 
 and Ireland, king, defender of the faith, and in the year of our Lord one 
 thousand eight hundred and . 
 
 15. Indenture of Apprenticeship to two Masters to serve them consecu- 
 tively in distinct trades. (Adopted in Rex v. Louth, 1 M. & R., M. C., 
 238; 8 B. & Cres. 247, S. C )] This indenture, made the [1st] day of 
 [May], in the [20th] year, &c., and in the year of our Lord [1820], be- 
 tween J. G., of the parish of Leeds, in the county of York [weaver], and 
 T. F. [woolcomber], of the one part, and B. F., of the parish aforesaid, of 
 the other part, witnesseth, that the said B. F. hath of his own free will, 
 and with the consent of his parents, put and bound himself apprentice to 
 and with the said J. G. and T. F., and with them after the manner of ah 
 apprentice to dwell, remain and serve from the date hereof, for, during 
 and until the term of seven years thence next following to be fully com- 
 pleted and ended, during all which term the said apprentice his said 
 masters well and faithfully shall serve, their respective secrets shall keep, 
 and lawful commands do, fornication or adultery shall not commit, hurt 
 or damage to his said masters shall not do or consent to be done, but to
 
 400 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. his power shall let it and forthwith his said masters thereof warn ; taverns 
 2nd ed. p. 379. or alehouses he shall not haunt or frequent unless it be about his master's 
 business there to be done ; at dice, cards, tables, bowls, or any such un- 
 lawful games, he shall not play ; the goods of his said masters respec- 
 tively shall not waste, or lend or give to any person, without his master's 
 licence; matrimony within the said term shall not contract, nor from 
 either of his masters' services at any time absent himself, but as a true and 
 faithful apprentice shall order and behave himself towards his said masters 
 and all theirs, as well in words as in deeds, during the said term ; and a 
 true and just account of all his masters' goods, chattels and money com- 
 mitted to his charge, or which shall come to his hands, faithfully he shall 
 give at all times when thereunto required by his said masters, or either of 
 their executors, administrators and assigns ; and the said J. G., for him- 
 self, his executors and assigns, doth covenant, promise and grant by these 
 presents, to and with the said B. F. apprentice, that the said J.G. and 
 T. P., their executors, administrators or assigns, shall and will teach, 
 learn and inform him the said apprentice, or cause him to be taught, 
 learned and informed in the mystery of the trade of stuff- weaving and 
 woolcombing, which the said masters now use, after the best manner or 
 knowledge which he or they may or can with all circumstances thereunto 
 belonging, and also shall find and provide to or for him the said appren- 
 tice sufficient and enough of meat; and that the said J. G. shall find and 
 provide him, meals, drink, washing and lodgings for the first four years 
 (to and not to exceed eight hanks per day, and to have four hanks allowed 
 for looming, to have three days each year for himself, and to have four 
 shillings for a low count if he works any overwork, and so on in propor- 
 tion), the said apprentice to serve the latter three years with T. F. (and 
 not to exceed five pounds per day), the said apprentice to receive one 
 shilling per year wages, and the said J. G. to be absolutely free from the 
 said apprentice at the end of four years from the date hereof, and the said 
 apprentice not to have above three days if he should have to stand for 
 work ; and for the true performance of all and singular the covenants and 
 agreements aforesaid, each of the parties aforesaid doth bind himself unto 
 the other firmly by these presents. In witness whereof, &c. 
 
 16. Assignment of Apprentice.] To all to whom these presents shall 
 
 come: I, A. M. of , send greeting. Whereas my apprentice A. P. 
 
 hath divers years yet to come and unexpired of his apprenticeship, to wit, 
 whole years from the day of now last past, as by his in- 
 denture of apprenticeship to be sealed doth appear: Now know ye that I the 
 said A. M., for divers good causes and considerations me hereunto moving, 
 have given, granted, assigned and set over, and by these presents do fully 
 
 and absolutely give, grant, assign and set over unto A. S.of , all such 
 
 right, title, duty, term of years to come, service and demand whatsoever 
 which I the said A. M. have in or to the said A. P., or which I may or 
 ought to have in him by force and virtue of the said indenture of appren- 
 ticeship: And moreover I the said A. M. do by these presents covenant, 
 promise and agree to and with the said A. S., his executors and adminis- 
 trators, that, notwithstanding any thing by me the said A. M. to be done 
 
 to the contrary, the said A. P. shall, during the said term of years, 
 
 well and truly serve the said A. S. as his master, and his commandments 
 lawful and honest shall do, and from his service shall not absent himself 
 during the said term : provided that the said A . S. shall well intreat and 
 use the said A. P., and him the said A. P. in the craft, mystery and occu- 
 pation of a , which he the said A. S. now useth, after the best manner 
 
 that he can or may, shall teach, instruct and inform, or cause to be 
 taught, instructed and informed, as much as thereunto belongeth or in
 
 CHAP, ii.] APPRENTICES. 401 
 
 anywise appertaineth, and shall also during the same term find and allow Oke's Synop. 
 unto the said A. P. sufficient meat, drink, apparel, washing, lodging and 2nd edit, p 379. 
 all other things needful or meet for an apprentice. In witness, &c. 
 
 17. Oath to be taken by a Muster whose Apprentice has absconded. 
 
 (Given in Schedule to Army Mutiny Act, 12 Viet. c. 10.)] I , of 
 
 , do make oath that I am by trade a , and that was bound 
 
 to serve as an apprentice to me in the said trade, by indenture dated the 
 
 day of , for the term of years ; and that the said 
 
 did, on or about the day of -, abscond and quit my service 
 
 without my consent ; and that to the best of my knowledge and belief 
 
 the said is aged about years. Witness my hand at , the 
 
 day of , one thousand eight hundred and . 
 
 Sworn before me at , this day of , \ 
 
 one thousand eight hundred and . j 
 
 18. Justice's Certificate, to be given to the Muster of an Apprentice. (Id.) 
 
 ) I , one of her Majesty's justices of the peace for , 
 
 to wit. J certify, that , of , came before me at , the 
 
 day of , one thousand eight hundred and , and made oath that 
 
 he was by trade a , and that was bound to serve as an appren- 
 tice to him in the said trade, by indenture dated the day of , 
 
 for the term of years ; and that the said apprentice did, on or about the 
 
 day of , abscond and quit the service of the said without his 
 
 consent, and that to the best of his knowledge and belief the said appren- 
 tice is aged about years. 
 
 19. Apprentice's Complaint against Master for Wages not exceeding 
 10. (4 Geo. 4, c. 34, s. 2.)] Proceed to the first asterisk* in the 
 General Form No. 1, ante, pp. 23, 24, then .-that he the said C. D. was 
 
 and is now an apprentice to one A. B., of the parish of , in the said 
 
 county of , in the business of a , and employed by him at the 
 
 said parish of ; that no premium \or not more than the sum of 25, 
 
 to wit, the sum of 20,] was paid or agreed to be paid on his binding out as 
 such apprentice, and that by the indenture of apprenticeship between them 
 
 the said A. B. agreed to pay wages to the said C. D. at the rate of 
 
 shillings a week during the [third] year of the said apprenticeship, that 
 being the now current year [or as the case may be], and that the sum of 
 
 of the wages aforesaid is now justly due and owing to him the said 
 
 C. D. from the said A. B., and that the said A. B. refuses to pay him the 
 same, contrary, &c. 
 
 If the master reside at a considerable distance, fyc., and it is on that 
 account desirable to summon the foreman or agent, under sect. 4, 
 add here :] and the said C. D. further saith, that the said A. B. 
 resides at a considerable distance, to wit, [sixty] miles from the 
 
 said parish of where his said business is carried on [or is 
 
 absent beyond the seas, or at a considerable distance] ; and 
 
 that G. A., of the parish of aforesaid, is agent [or foreman] 
 
 of the said A. B., to whom he entrusts his said business. 
 
 20. Summons to the Master or Agent.'] This will be in the General 
 Form No. 8 (A.), ante, p. 26, reciting the Complaint No. 19, supra. 
 
 21. General Forms to be used in enforcing the Order for Payment of 
 Wages. (No. 44 (K. 1), ante, p. 42.) Distress Warrant, &c., No. 66 
 (N. 2)-71, ante, p. 57-59.
 
 402 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. BASTARDS. 
 
 I. Forms given 
 74-8 Viet . 
 II. Other Forms. 
 
 onoo I. Forms given in the Act 8 Viet. c. 10, for Proceedings under 
 
 pp.38 382. 74-8 Fief. c. 101. 
 
 I. FORMS IN THE ACT 8 VICT. c. 10, FOR PROCEEDINGS UNDER 
 7 & 8 VICT. c. 101. 
 
 1 . Application by Woman with Child. 
 
 7 & 8 Viet. > Application and deposition of , a single woman, residing 
 
 c. 101, s. 2. to wit. J at in the county [or city, borough, or other place~] of , 
 
 taken upon oath before me the undersigned , one of her Majesty's 
 
 justices of the peace acting for the petty sessional division of in the 
 
 said county [or city, borough, or other place] of , in which she re- 
 sides, this day of , in the year of our Lord one thousand eight 
 
 hundred and , who upon her oath [or affirmation] saith that she is 
 
 now with child, and that of , in the county of , is the father 
 
 of the child with which she is now pregnant, and maketh application for 
 
 a summons to be served upon the said so alleged by her to be the 
 
 father of the said child, to appear at a petty session to be holden after the 
 birth of such child for the petty sessional division [or city, borough, or 
 
 other place} of , in which I usually act, to answer such complaint 
 
 as she shall then and there make touching the premises. 
 Exhibited and sworn before me the day ( 
 and year first above written. J 
 
 2. Summons on Application by Woman with Child. 
 
 To , of the parish of , in the county of . 
 
 ) Whereas an application hath been made to me, the under- 
 
 to wit. \ signed, one of her Majesty's justices of the peace for the county 
 
 [or city, borough, or other place,] of , by , single woman, 
 
 residing at , in the petty sessional division of the said county [or 
 
 city, borough, or other place,] for which I act, now with child, of which 
 child she hath this day duly sworn on oath [or affirmed] before me the 
 said justice that you are the father, for a summons to be served on you 
 to appear at a petty session, according to the form of the statute in such 
 case made and provided : These are therefore to require you to appear at 
 
 the petty session of the justices holden at , being the petty session 
 
 for the division [or city, borough, or other place,'] of in which I 
 
 usually act, on (a) , the day of , at , in the year of 
 
 our Lord one thousand eight hundred and forty , to answer any 
 
 complaint which she shall then and there make against you touching the 
 premises. Herein fail you not. 
 
 Given under my hand, at , in the county [or city, borough, or 
 
 other place,] of , this day of , in the year of our Lord one 
 
 thousand eight hundred and forty . 
 
 NOTE. If you neglect to appear at the petty sessions as above stated, 
 the justices, upon proof that this summons has been duly served 
 upon you, or left at your last place of abode, may proceed, if 
 
 (a) Insert some day when the petty session will be held after the birth of the 
 child, and at such a distance of time that six days at least may elapse after the 
 issuing of the summons and the service on the man, or at his place of abode, 
 before the petty session.
 
 CHAP, ii.] BASTARDS. 403 
 
 they think fit, at the petty sessions therein named, to make an Oke's Synop. 
 order upon you, as the putative father of the child above refer- 2nd ed. 
 
 red to, to pay a weekly sum to the said mother for its mainte- PP- 380 382. 
 nance, and other sums for costs and expenses. 
 
 3. Application for a Summons by a Woman after Birth. 
 
 > The information and application of , single woman, re- 
 
 to wit. J siding at , in the county of , before me, the under- 
 signed , one of her Majesty's justices of the peace acting for the 
 
 petty sessional division of , in the said county [or city, borough, 
 
 or other place, as the case may be,'] of , in which she resides, this 
 
 day of , in the year of our Lord one thousand eight hundred and 
 
 forty , who saith, that she hath been delivered of a bastard child 
 
 since the passing of the act of the eighth year of the reign of her pre- 
 sent Majesty, intituled " An Act for the further Amendment of the Laws 
 relating to the Poor in England," and within twelve calendar months be- 
 fore this day, to wit, on the day of , in the year of our Lord 
 
 one thousand eight hundred and forty , and alleges that one , of 
 
 , in the county of , is the father of such child, and maketh ap- 
 plication to me for a summons to be served upon the said to appear 
 
 at a petty session to be holden for the petty sessional division [or city, bo- 
 rough, or other place, as the case may be,], in which I usually act, to 
 answer such complaint as she shall then and there make touching the 
 premises. 
 
 Exhibited before me, the day and > 
 year first above-written. j 
 
 4. Summons where the Application is made by Woman after Birth. 
 
 To , of the parish of , in the county of . 
 
 J Whereas application hath been this day made to me the under- 
 
 to wit. $ signed, one of her Majesty's justices of the peace for the county 
 
 [or city, borough, or other place, as the case may be,] of , by -, 
 
 single woman, residing at , in the petty sessional division of the said 
 
 county [or city, borough, or other place,'] for which I act, who hath 
 been delivered of a bastard child since the passing of the act of the eighth 
 year of the reign of her present Majesty, intituled " An Act for the 
 further Amendment of the Laws relating to the Poor in England," with- 
 in twelve calendar months from the date hereof, and of which bastard 
 child she alleges you to be the father, for a summons to be served upon 
 you to appear at a petty session of the peace, according to the form of 
 the statute in such case made and provided : These are therefore to re- 
 quire you to appear at the petty session of the justices holden at , 
 
 being the petty session for the division [or city, borough, or other 
 
 place,] in which 1 usually act, on (a), the day of , at 
 
 of the clock in the noon, in the year of our Lord one thou- 
 sand eight hundred and forty , to answer any complaint which she 
 
 shall then and there make against you touching the premises Herein 
 fail you not. 
 
 Given under my hand, at , in the county [or city, borough, or 
 
 other place,] of , this day of , in the year of our Lord 
 
 one thousand eight hundred and forty . 
 
 (a) Insert some day, at least six days after the date of the summons, and 
 after the day when the same can be served upon the man, or at his place of 
 abode. 
 
 DD2
 
 404 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. NOTE. If you neglect to appear at the petty sessions as above 
 
 2nd ed. stated, the justices, upon proof that this summon has been duly 
 
 pp. 380 382. served upon you, or left at your last place of abode, may pro- 
 
 ceed, if they think fit, to make an order upon you, as the puta- 
 tive father of the child above referred to, to pay a weekly sum to 
 the said mother for its maintenance, and other sums for costs 
 and expenses. 
 
 5. Application for a Summons by a Woman after Birth, where the alleged 
 
 Father has paid Money within Twelve Months after the Birth, 
 
 - ) The information and application of - , single woman, re- 
 to wit. $ siding at - , in the county of - , before me, the under- 
 signed - , one of her Majesty's justices of the peace acting for the 
 petty sessional division of - in the said county [or city, borough, or 
 other place, as the case may be,~] of - , in which she resides, this - 
 day of -- , in the year of our Lord one thousand eight hundred and 
 forty - , who saith that she hath been delivered of a bastard child more 
 than twelve calendar months before this day, to wit, on the - day of 
 - , in the year of our Lord one thousand eight hundred and forty -- , 
 and alleges that one - , of - , in the county of -- , is the father 
 of such child, and having given proof to me that the said - did within 
 the twelve calendar months next after the birth of such child pay money 
 for its maintenance, maketh application to me for a summons to be served 
 upon the said - to appear at a petty session to be holden for the petty 
 sessional division - [or city, borough, or other place, as the case may 
 be,~\ in which I usually act, to answer such complaint as she shall then 
 and there make touching the premises. 
 Exhibited before me, the day and ) 
 year first above written. j 
 
 6. Summons when the Application is made by a Woman after Birth, where 
 the alleged Father has paid Money within Twelve Months after the Birth, 
 
 To - , of the parish of , in the county of 
 
 Whereas application hath been this day made to me, the un- 
 to wit. \ dersigned, one of her Majesty's justices of the peace for the 
 county [or city, borough, or other place, as the case may be,\ of - , 
 by - , single woman, residing at - , in the petty sessional division 
 of the said county [or city, borough, or other place,~\ for which I act, 
 who hath been delivered of a bastard child more than twelve calendar 
 months before this day, of which bastard child she alleges you to be the 
 father, and for the maintenance whereof she hath given me proof that 
 you did within the twelve calendar months next after its birth pay money, 
 for a summons to be served upon you to appear at a petty sessions of the 
 peace, according to the form of the statute in such case made and pro- 
 vided : These are therefore to require you to appear at the petty session 
 of the justices holden at - , being the petty session for the division [or 
 city, borough, or other place,~] of -- in which I usually act, on - (a), 
 the - day of - , at - of the clock in the -- noon, in the 
 year of our Lord one thousand eight hundred and forty - , to answer 
 any complaint which she shall then and there make against you touching 
 the premises. Herein fail you not. 
 
 Given under my hand, at - , in the county [or city, borough, or 
 
 (a) Insert some day, at least six days after the date of the summons, and 
 after the day when the same can be served upon the man, or at his place of 
 abode.
 
 CHAP, ii.] BASTARDS. 405 
 
 other place,] of , this day of , in the year of our Lord one Oke's Synop. 
 
 thousand eight hundred and forty . 2nd ed. 
 
 NOTE. If you neglect to appear at the petty sessions, as above PP* 380 ~ 382 - 
 stated, the justices, upon proof that this summons has been duly 
 served upon you, or left at your last place of abode, may pro- 
 ceed, if they think fit, to make an order upon you, as the puta- 
 tive father of the child above referred to, to pay a weekly sum 
 to the said mother for its maintenance, and other sums for costs 
 and expenses. 
 
 7. Order when Application was made by a Woman with Child. 
 
 - ) At a petty session of her Majesty's justices of the peace for (7 & 8 Viet. 
 
 to wit. J the county [or city, borough, or other place, as the case may be~] c. 101, s. 3.) 
 
 of , holden in and for the division [or city, borough, Vide Notes 
 
 or other place, as the case may be~] of , in the said county [or below for 
 
 city, borough, or other place, as the case may be], at , on the alterations ia 
 
 day of , in the year of our Lord one thousand eight t ' 1 ' s Form 
 
 hundred and forty , before us, of her Majesty's justices J nere tne 
 
 of the peace for the said county [or city, borough, or other place, defendant 
 as the case may be]. 
 
 Whereas one , single woman, residing at , within this aivision 
 
 [or city, borough, or other place, as the case may be], being with child, did, 
 
 on the day of , in the year of our Lord one thousand eight 
 
 hundred and forty , make application to , one of her Majesty's 
 
 justices of the peace acting for this division [or city, borough, or other place, 
 
 as the case may be], for a summons to be served upon one , of the 
 
 parish of , in the county [or city, borough, or other place, as the case 
 
 may be] of , whom she, being duly sworn before the said , upon 
 
 her oath stated [or affirmed] to be the father of the child with which she 
 was then pregnant ; and the said justice thereupon issued his summons to 
 
 the said to appear at a petty session to be holden on this day (a) for 
 
 this division [or city, borough, or other place, as the case may be,] in which 
 the said justice usually acts, to answer her complaint touching the pre- 
 mises ; and whereas the said hath been lately delivered of a bastard 
 
 child ; and whereas the said having been duly served with the said 
 
 summons, and appearing in pursuance thereof (b) ; and the said 
 
 having now applied to us, the justices in petty session assembled, for an 
 
 order upon the said , according to the form of the statute in such 
 
 case made and provided ;A and it being now proved to us, in the presence 
 
 and hearing of the said (c) , that the said child was, since the passing 
 
 of an act passed in the eighth year of the reign of her present Majesty, 
 intituled " An Act for the further Amendment of the Laws relating to the 
 
 Poor in England," that is to say, on the day of , in the year of 
 
 our Lord one thousand eight hundred and forty , born a bastard of 
 
 the body of the said , and we having, in the presence and hearing of 
 
 the said (c) , heard the evidence of such woman, and such other 
 
 evidence as she hath produced, and having also heard all the evidence 
 
 (a) Where the order is made at an adjourned session, insert here, " the 
 
 day o f last, from which day the hearing of this case hath been adjourned," 
 
 and e,rase the words * this day." G. C. O. 
 
 (6) Insert here, if the defendant do not appear, " six days at least before this 
 day, as is now proved before us," or " the same having been left at his last place 
 of abode six days at least before this day, as is now proved before us," and erase 
 the words in itnlics. 
 
 (c) Should the defendant not appear, erase the words in italics.
 
 406 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Syaop. tendered by (d) the said , and the evidence of the said , the 
 
 2nd ed. mother of the said child, having been corroborated in some material par- 
 pp. 380 382. ticular by other testimony to our satisfaction,B do hereby adjudge the 
 
 said to be the putative father of the said bastard child ; and, having 
 
 regard to all the circumstances of this case, we do now hereby order, that 
 
 the said do pay unto the said , the mother of the said bastard 
 
 child, so long as she shall live and shall be of sound mind, and shall not 
 be in any gaol or prison, or under sentance of transportation, or to the 
 person who may be appointed to have the custody of such child under the 
 
 provisions of the said statute, the sum of (e) per week for the first six 
 
 weeks from the birth of the said child, and from the expiration of such six 
 
 weeks the sum of(f) per week until the said child shall attain the 
 
 age of thirteen years, or shall die, or the said shall marry ; and we 
 
 do hereby further order the said to pay to the said the sum of 
 
 , being the costs incurred in obtaining this order (g). Given under 
 
 our hands and seals, at the session aforesaid. 
 
 NOTES. If the defendant confess the charge, omit the portion between 
 
 the A. and B, and insert : And the said having now 
 
 before us heard the said complaint and application against him, 
 and the said having acknowledged and voluntarily con- 
 fessed the same to be true, and it appearing to us from the said 
 complaint and application that the said child was born a bastard 
 
 of the body of the said , on the day of last, we, &c. 
 
 In the case of twins, a separate weekly sum should be awarded for each. 
 
 (9 J. P. 829). 
 
 In the case of a married woman, she may be described as : " E., the wife 
 of C. D., single woman, and the payments may be adjudged to be 
 made " until the said child shall attain the age of thirteen years, 
 or shall die, or the said C. D. shall again live and cohabit with 
 his said wife E. D., or the said E. D. shall marry again after 
 the decease of the said C. D." G. C. O. 
 
 8. Order when Application was made by a Woman after Birth. 
 
 ? At a petty session of her Majesty's justices of the peace for 
 
 to wit. j the county [or city, borough, or other place, as the case may be,~\ 
 
 of , holden in and for the division [or city, borough, or 
 
 other place, as the case may be,"] of in the said county 
 
 [or city, borough, or other place, as the case may be] at , 
 
 on the day of , in the year of our Lord one thousand 
 
 eight hundred and forty , before us , her Majesty's 
 
 justices of the peace for the said county [or city, borough, or 
 other place, us the case may be.~] 
 
 Whereas one , single woman, residing at , within this division 
 
 [or city, borough, or other place, as the case may be,~\ did, on the 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and forty , having been delivered of a bastard child within twelve 
 
 (d) Should the defendant appear by attorney or counsel, it will be then only 
 necessary to erase the word " by" and add " on behalf of;" but should he not 
 appear himself, or by attorney or counsel, then erase the words in italics. 
 
 (e) Not to exceed five shillings. If the justices decline to allow the payment, 
 from the birth, of any sum, erase the words in italics, and before the word 
 " until" insert the time from which payment is to be made, according to their 
 judgment. 
 
 (/ ) Not to exceed two shillings and sixpence. 
 
 (g) If the justices should decide upon allowing such expenses, insert here, 
 " and the sum of ten shillings for the midwife."
 
 CHAP, n.] BASTARDS. 407 
 
 calendar months prior thereto, make application to , one of her Oke's Synop 
 
 Majesty's justices of the peace acting for this division [or city, borough, or 2nd ed. 
 
 other place, as the case may be], for a summons to be served upon one pp. 380382. 
 
 of . > whom she alleged to be the father of the said child (a) ; and the 
 
 said justice thereupon issued his summons to the said to appear 
 
 at a petty session to be holden on this day (6) for this division [or city, 
 borough, or other place, as the case may be'], in which the said justice usually 
 acts, to answer her complaint touching the premises ; and whereas the 
 
 said having been duly served with the said summons within forty 
 
 days from this day (c) (d), and now appearing in pursuance thereof 
 
 and the said having now applied to us the justices in petty ses- 
 sion assembled for an order upon the said , according to the form 
 
 of the statute in such case made and provided; and it being now proved 
 
 to us, in the presence and hearing of the said(e) , that the said child 
 
 was, since [or within six calendar months before] the passing of an act 
 passed in the eighth year of the reign of her present Majesty, intituled, 
 " An Act for the further Amendment of the Laws relating to the Poor in 
 
 England," that is to say, on the day of , in the year of our Lord 
 
 one thousand eight hundred and forty , born a bastard of the body 
 
 of the said ; and we having, in the presence and hearing of the said (e) 
 
 , heard the evidence of such woman , and such other evidence 
 
 as she hath produced, and having also heard all the evidence tendered by (f) 
 
 , the said , and the evidence of the said , the mother of the 
 
 said child, having been corroborated in some material particular by other 
 
 testimony to our satisfaction, do hereby adjudge the said to be the 
 
 putative father of the said bastard child ; and, having regard to all the 
 
 circumstances of this case, we do now hereby order, that the said do 
 
 pay unto the said , the mother of the said bastard child, so long as she 
 
 shall live and shall be of sound mind, and shall not be in any gaol or prison, 
 or under seutence of transportation, or to the person who may be appointed 
 to have the custody of such bastard child under the provisions of the said 
 
 statute, the sura of (g) per week for the first six weeks from the birth 
 
 of the said child, and from the expiration of such six weeks the sum of 
 
 (a) When the application is made after the expiration of twelve months from 
 the birth, but the alleged father has paid money for the maintenance of the 
 child, for the word " within" substitute the words " more than ;" and after the 
 word '* child'' insert, " and who was proved before the said justice to have 
 paid money for the maintenance of the said child within twelve calendar months 
 after its birth." 
 
 (6) Or where the order is made at an adjourned session, insert, " on the 
 day of last, from which day the hearing of this case hath been ad- 
 journed," and erase the words " this day." G. C. O. 
 
 (c) If the order be made at an adjourned session, insert the day of the com- 
 mencement of the session, adding these words, " from which day the hearing of 
 this case hath been adjourned," and erase the words " this day." 
 
 (d) If the defendant do not appear insert here, " and six days at least before 
 
 this day [or where adjourned, " before the said day of last." G. C. O.] 
 
 as is now proved before us," or " the same having been left at his last place of 
 
 abode six days at least before this day [or where adjourned, " before the 
 
 day O f last." G. C. O.] as is now proved before us," and erase the words 
 
 which follow in italics. 
 
 () Should the defendant not appear erase the words in italics. 
 
 (f) Should the defendant appear by attorney or counsel, it will be then 
 only necessary to erase the word " by" and add " on behalf of ;" but should he 
 not appear himself, or by attorney or counsel, then erase the words in italics. 
 
 (g) Not to exceed five shillings. This larger amount for the six weeks can- 
 not be allowed unless the application has been made within two calendar 
 months after the birth. If the application has not been made within this time,
 
 408 
 
 Oke's Synop. 
 
 2nd ed. 
 pp. 380382. 
 
 Vide notice of 
 this Recog- 
 nizance, Form 
 No. 21, post, 
 p. 417. 
 
 (7 & 8 Viet. c. 
 101. s. 4, and 
 8 Viet. c. 10, 
 
 8.3.) 
 
 7 & 8 Viet. 
 c. 101,s.3. 
 
 Other Proceedings out of Sessions. [PART in. 
 
 per week, until the said child shall attain the age of thirteen years, or shall 
 
 die, or the said shall marry : And we do hereby further order the 
 
 said to pay to the said the sum of , being the costs 
 
 incurred in obtaining this order (a). Given under our hands and seals, 
 at the session aforesaid. 
 
 Vide " NOTES," at foot of Form No. 7, supra. 
 
 9. Common Form of Recognizance, with Condition to Appeal (6). 
 
 . ) Whereas, by an order under the hands and seals of , as- 
 
 to wit. j sembled at a petty session of her Majesty's justices of the peace 
 
 for the county [or city, borough, or other place,] of , holden in and 
 
 for the division [or city, borough, or other place"] of , in the said 
 
 county, at , on , the day of , in the year of our Lord one 
 
 thousand eight hundred and forty , the said was adjudged to 
 
 be the putative father of a bastard child, of which one had been then 
 
 lately delivered, and was ordered to pay to her certain sums of money 
 
 therein set forth : and whereas the said hath given to the said 
 
 notice of his intention to appeal against the said order to the general 
 
 quarter session of the peace to be holden (c) on the day of 
 
 next, for the county of : Now the condition of this recog- 
 nizance is such, that if the above-named do appear at the general 
 
 quarter session of the peace to be held at in and for the county [or 
 
 city, borough, or other place~] of , on the day of , in the 
 
 year of our Lord one thousand eight hundred and forty , and then 
 
 and there try such appeal, and pay such costs as shall be by the said court 
 awarded, then this recognizance to be void. Taken and acknowledged, 
 
 this day of< , in the year of our Lord one thousand eight 
 
 hundred and forty , at , in the county [or city, borough, or other 
 
 place] of , before me, the undersigned, one of her Majesty's justices 
 
 of the peace for the said county [or city, borough, or other place"] . 
 
 10. Information of the Mother on Disobedience to the Order (d). 
 
 } The information and complaint of , of the parish of , 
 
 to wit. Jin the county [or city, borough or other place] of , single 
 
 woman, taken upon oath [or affirmation] before me , one of her 
 
 Majesty's justices of the peace for the said county [or city, borough or 
 other place], the (e) day of , in the year of our Lord one thou- 
 sand eight hundred and forty , who saith, that by an order made 
 
 under the authority of the statute passed in the eighth year of the reign 
 of her present Majesty, intituled " An Act for the further Amendment of 
 the Laws relating to the Poor in England," at the petty session holden in 
 
 or the justices do not think it right to allow that or any less sum from the birth, 
 
 erase the words in italics, and proceed thus : " per week from the said 
 
 day of last, being the day upon which such application was made to 
 
 the said justice as aforesaid." 
 
 (oj If the justices should decide upon allowing such expenses, insert here, 
 " and the sum of ten shillings for the midwife." 
 
 (6) The " Common Form of Recognizance" here meant is clearly what is 
 commonly called the caption ; it may be as Form No. 48 (S. 1 ), ante, p. 276, 
 placing the words " taken, &c." at the foot of the " Caption" instead of at the 
 foot of the " Condition" here given. G. C. O. 
 
 (c) If the notice of appeal do not set out the day on which the quarter session 
 is to be holden, this recital and the condition must be altered accordingly. 
 
 (d) The constable should join in this information where he served the 
 order. G. C. O. 
 
 (e) This must not be before the expiration of one calendar month from the 
 order [i. e. the service. G. C. O.]
 
 CHAP, ii.] BASTARDS. 409 
 
 and for the division [or city, borough or other place] of , in the county Oke's Synop. 
 
 [or city, borough or other place'] of , on the day of , in the 2nd ed. 
 
 year of our Lord one thousand eight hundred and forty , by her pp. 380382. 
 
 Majesty's justices of the peace in and for the said county [or city, borough 
 or other place], acting for the said division [or city, borough or other place~], 
 
 , then and there assembled, of , in the county of 
 
 was adjudged to be the putative father of a bastard child, then latelv born 
 of her body, and that in and by the said order it was ordered that the said 
 
 should pay to her the said so long as she should live or should 
 
 be of sound mind, and should not be in any gaol or prison, or under sen- 
 tence of transportation, or to the person who might be appointed to have 
 the custody of such bastard child, under the provisions of the said statute, 
 
 the sum of per week for the first six weeks from the birth of the said 
 
 child, and from the expiration of such six weeks, (a) the sum of per 
 
 week until such child should attain the age of thirteen years, or should 
 die, or she the said mother should marry, and the sum of ten shillings for 
 
 the midwife, and the sum of for the costs incurred in the obtaining 
 
 such order. And this deponent further saith, that the said hath had 
 
 due notice of the said order, and that the said bastard child is now living 
 under the age of thirteen years, and that she the said deponent hath not 
 been married since the said order was made, and that the payments di- 
 rected to be made by the said order have not been made according thereto 
 
 by the said , and that there is now in arrear for the same the sum 
 
 of , being the amount of arrears for weeks' payments, and ten 
 
 shillings for the midwife, and the sum of for the costs incurred in the 
 
 obtaining such order; and this informant therefore prays justice in the 
 premises. 
 
 Exhibited and sworn before me, the day and year first ) 
 
 above written, at , in the county [or city, borough > 
 
 or other place] of . ) 
 
 1 1 . Warrant of Apprehension for Disobedience of Order. 
 
 To the constable of , in the county [or city, borough or other 
 
 place] of , and all her Majesty's officers of the peace in and 
 
 for the said county [or city, borough or other place"], whom these 
 may concern. 
 
 ! Whereas information and complaint have been made upon 
 oath [or affirmation] before me, one of her Majesty's justices 
 
 of the peace for the county [or city, borough or other place] of , the 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and forty , by , of the parish of , in the county [or city, 
 
 borough or other place~\ of , single woman, that by an order made 
 
 under the authority of the statute passed in the eighth year of the reign of 
 her present Majesty, intituled " An Act for the further Amendment of the 
 Laws relating to the Poor in England," at the petty session holden in and 
 
 for the division [or city, borough or other place] of , in the county 
 
 [or city, borough or other place~\ of , on the day of , in the 
 
 year of our Lord one thousand eight hundred and forty , by her 
 
 Majesty's justices of the peace in and for the said county [or city, borough 
 or other place], acting in and for the said division [or city, borough or 
 
 other place~\, then and there assembled, , of , in the county of 
 
 , was adjudged to be the putative father of a bastard child, then lately 
 
 born of her body, and that in and by the said order it was ordered that 
 
 (a) If the sum for the fiist six weeks should not have been ordered, erase 
 the words in italics.
 
 410 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. the said should pay to her the said , so long as she should live 
 
 2nd ed. and should be of sound mind, and should not be in any gaol or prison, or 
 
 pp. 380 382. under sentence of transportation, or to such person as might be appointed 
 to have the custody of such bastard child, under the provisions of the said 
 
 statute, the sum of per week for the first six weeks from the birth of 
 
 the said child, and from the expiration of such six weeks the sum of 
 
 per week until such child should attain the age of thirteen years, or should 
 die, or she the said mother should marry, and the sum of ten shillings for 
 
 the midwife, and the sum of for the costs incurred in obtaining such 
 
 order ; and that the said had had due notice of the said order, and 
 
 that the said bastard child is now living under the age of thirteen years, 
 and that she the said mother hath not been married since the said order 
 was made, and that the payments directed to be made by the said order 
 
 have not been made according thereto by the said , and that there is 
 
 now in arrear for the same the sum of , being the amount of arrears 
 
 for weeks payments, and ten shillings for the midwife, and the sum 
 
 of for the costs incurred in the obtaining such order : These are 
 
 therefore in her Majesty's name to command you, the said constable, or 
 other officers of the peace, or some or one of you, forthwith to apprehend 
 
 the said , and convey him before two of her Majesty's justices of the 
 
 peace in and for the said county [or city, borough or other place}, to 
 answer the premises, and be dealt with according to law. 
 
 Given under my hand and seal, at , in the county [or city, borough 
 
 or other place} of , this day of , in the year of our Lord 
 
 one thousand eight hundred and forty . 
 
 12. Warrant of Distress against the Putative Father. 
 
 To the constable of , in the county of . 
 
 I Whereas information and complaint were, on the day of 
 
 to wit. \ , in the year of our Lord one thousand eight hundred and 
 
 forty , made upon oath [or affirmation] before , one of her 
 
 Majesty's justices of the peace in and for the said county [or city, borough 
 
 or other place}, by , of the parish of , in the county [or city, 
 
 borough or other place} of , single woman, that by an order made at 
 
 the petty session holden in and for the division [or city, borough or 
 
 other place} of , in the county [or city, borough or other place} 
 
 of , on the day of , in the year of our Lord one thousand 
 
 eight hundred and forty , by her Majesty's justices of the peace in 
 
 and for the said county [or city, borough or other place}, acting in and for 
 the said division [or city, borough or other place} then and there assembled, 
 
 , of , in the county [or city, borough or other place} of , 
 
 was adjudged to be the putative father of a bastard child, then lately horn 
 of her body, and that in and by the said order it was ordered that the said 
 
 should pay to her the said , so long as she should be of sound 
 
 mind, and should not be in any gaol or prison, or under sentence of trans- 
 portation, or to the person who might be appointed to have the custody of 
 
 the said child under the provisions of the said statute, the sum of 
 
 per week for thejirst six weeks from the birth of the said child, and from 
 
 the expiration of such six weeks the sum of per week until such child 
 
 should attain the age of thirteen years, or should die, or she the said 
 mother should marry, and the sum of ten shillings for the midwife, and the 
 
 sum of for the costs incurred in obtaining such order ; and that the 
 
 said had had due notice of the said order, and that the said bastard 
 
 child was then living under the age of thirteen years, and that she the said 
 mother had not been married since the said order was made, and that the 
 payments directed to be made by the said order had not been made
 
 CHAP, ii.] BASTARDS. 411 
 
 according thereto by the said , and that there was then in arrear for Oke's Synop. 
 
 the same the sum of , being the amount of arrears for weeks' 2nd ed. 
 
 payments, and ten shillings for the midwife., and the sum of for costs PP- 380382. 
 
 incurred in obtaining such order : and whereas the said justice, by warrant 
 under his hand and seal directed to the constable of the said parish of 
 
 , and all her Majesty's officers of the peace in and for the said county 
 
 [or city, borough or other place], commanded him, or some or one of 
 
 them, forthwith to apprehend the said , and to convey him before 
 
 two of her Majesty's justices of the peace for the said county [or city, 
 borough or other place'], to answer the premises, and be dealt with accord- 
 ing to law : whereupon the said being now brought before us, two 
 
 of her Majesty's justices of the peace for the said county [or city, borough 
 or other place], to show cause why the same should not be paid, hath not 
 shown any cause why the same should not be paid ; and the same duly 
 
 appearing to us upon oath to be due from the said under the said 
 
 order, together with the further sum of for the costs attending such 
 
 warrant, apprehension and bringing up of him the said , neverthe- 
 less neglects [or refuses] to make payment of the said sums due under 
 the said order, and the said sums so due for such costs : These are there- 
 fore to require you forthwith to make distress of the goods and chattels of 
 
 the said , and if within the space of days next after such distress 
 
 by you taken, the said sums, 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 thereof that you detain the said sums, and also the 
 reasonable charges of taking, keeping and selling the said distress, ren- 
 dering the overplus, if any, on demand, unto the said , and if no suf- 
 ficient distress can be found, that then you certify the same unto us, or 
 
 unto (a) , two of her Majesty's justices of the peace acting for the 
 
 said county [or city, borough or other place], to the end that such further 
 proceedings may be had therein as to law doth appertain : And we further 
 
 order you to make return to this warrant on the day of next, 
 
 unto us or such justices as aforesaid. 
 
 And whereas (6) the said not having given sufficient security, by 
 
 way of recognizance or otherwise, to our satisfaction, for his appearance 
 on the return of this warrant, we do hereby further order you to detain 
 
 the said , and keep him in safe custody until the said return can be 
 
 conveniently made, and then bring him before us or such justices as 
 aforesaid. 
 
 Given under our hands and seals, at , in the county [or city, 
 
 borough or other place] of , this day of , in the year of our 
 
 Lord one thousand eight hundred and forty . 
 
 13. Recognizance for Appearance at the Return of the Distress 
 Warrant. 
 
 Recognizance in the common form,* subject to the following condition. Vide Form of 
 
 ) Whereas the above-bounden , having been apprehended notice of this 
 
 to wit. J upon a warrant issued under the hand and seal of , one recognizance, 
 
 of her Majesty's justices of the peace in and for the county [or city, bo- K^'J!' ' 
 
 rough, or other place] of , upon the information and complaint of . ,' h r ' ,, , 
 
 , for disobedience to an order made in the petty session holden in aj jn the 
 
 ~ ral Form, No. 
 
 (a) If the party give security for his appearance, insert the names of the 43 (. 1) ante 
 justices before whom he is to appear; but should he not find such security, 275. Vide 
 insert the word " any." note /(,). ante, 
 
 (b) Should the party find security for his appearance on the return of the p> 408. G. C.O. 
 warrant, erase this paragraph.
 
 412 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. and for the division [or city, borough, or other place] of , in the 
 
 2nd ed. county of , on the day of , in the year of our Lord one 
 
 pp. 380 382. thousand eight hundred and forty , by her Majesty's justices of the 
 
 peace then and there assembled, whereby he was adjudged to be the 
 
 putative father of a bastard child, lately born of the body of the said , 
 
 single woman, and ordered to pay certain sums of money as therein set 
 
 forth ; and having been brought before , two of her Majesty's justices 
 
 of the peace for the said county [or city, borough, or other place], by 
 virtue of the said warrant, and having neglected [or refused] to make 
 payment of the sums due from him under such order, together with the 
 costs attending such warrant, apprehension, and bringing of him up before 
 such justices, they have, by warrant under their hands and seals, addressed 
 
 to the constable of the parish of , directed the sum so due, together 
 
 with such costs, to be recovered by distress and sale of the goods and 
 
 chattels of the said , and have made the said warrant returnable on 
 
 the day of to them, or unto , two justices of the peace 
 
 acting for the said county [or city, borough, or other place] : Now the 
 
 condition of this recognizance is such, that if the above-bounden do 
 
 appear before the justices unto whom the said warrant is made returnable 
 on the day so appointed for the return thereof, to abide the further pro- 
 ceedings thereon, then the same shall be of no effect, otherwise to remain 
 in full force. 
 
 Taken and acknowledged the day of , in the year of our 
 
 Lord one thousand eight hundred and forty , at , in the county 
 
 [or city, borough, or other place] of , before me the undersigned, 
 
 one of her Majesty's justices of the peace in and for the said county [or 
 city, borough, or other place} of . 
 
 14. Warrant of Commitment on Confession of no Goods. 
 
 To the constable of , in the county [or city, borough, or other 
 
 place] of , and to the keeper of the common gaol [or house 
 
 of correction] at , in the county of . 
 
 ) Whereas information and complaint were, on the day of 
 
 to wit. J , in the year of our Lord one thousand eight hundred and 
 
 forty , made upon oath [or affirmation] before , one of her 
 
 Majesty's justices of the peace for the said county [or city, borough, or 
 
 other place] by , of the parish of , in the county [or city, borough, or 
 
 other place] of , single woman, that by an order made under the authority 
 
 of the statute passed in the eighth year of the reign of her present Ma- 
 jesty, intituled " An Act for the further Amendment of the Laws re- 
 lating to the Poor in England," at the petty session holden in and for the 
 
 division [or city, borough, or other place] of , in the county of , 
 
 on the day of , in the year of our Lord one thousand eight 
 
 hundred and forty , by her Majesty's justices of the peace for the said 
 
 county [or city, borough, or other place] acting in and for the said division 
 
 [or city, borough, or other place] of , then and there assembled, 
 
 of , in the county [or city, borough, or other place] of , was ad- 
 judged to be the putative father of a bastard child then lately born of her 
 
 body ; and that in and by the said order it was ordered that the said 
 
 should pay to her the said so long as she should live and should be 
 
 of sound mind, and should not be in any gaol or prison, or under sentence 
 of transportation, or to such person as mght be appointed to have the 
 custody of such bastard child, under the provisions of the said statute, 
 
 the sum of per week for the first six weeks from the birth of the 
 
 said child, and from the expiration of such six weeks the sum of 
 
 per week until such child should attain the age of thirteen years, or
 
 CHAP, ii.] BASTARDS. 413 
 
 should die, or that she the said mother should marry, and the sum of ten Oke's Synop. 
 
 shillings/or the midwife, and the sum of for the costs incurred in 2nd ed. 
 
 obtaining such order ; and that the said had had due notice of the PP- 380382. 
 
 said order, and that the said bastard child was then living under the age 
 of thirteen years, and that she the said mother had not been married 
 since the said order was made, and that the payments directed to be made 
 
 by the said order had not been made according thereto by the said , 
 
 and that there was then in arrear for the same the sum of , being 
 
 the amount of arrears for weeks payments, and ten shillings for the 
 
 midwife, and the sum of for costs incurred in obtaining such order : 
 
 And whereas the said justice, by warrant under his hand and seal, di- 
 rected to the constable of the said parish of , and all her Majesty's 
 
 officers of the peace in and for the said county [or city, borough, or other 
 
 place}, commanding him forthwith to apprehend the said and to 
 
 convey him before two of her Majesty's justices of the peace in and for 
 the said county [or city, borough, or other place'], to answer the premises, 
 
 and be dealt with according to law : whereupon the said , being now 
 
 brought before us, two of her Majesty's justices of the peace for the said 
 county [or city, borough, or other place}, to show cause why the same 
 should not be paid, hath not shown any cause why the same should not 
 be paid ; and the same duly appearing upon oath [or affirmation] to be 
 
 due from the said under the said order, together with the further 
 
 sum of for the costs attending such warrant, apprehension, and 
 
 bringing up of him, the said , nevertheless neglects [or refuses] to 
 
 make payment of the said sums due under the said order, and the said 
 sums so due for such costs : And whereas it appears to us, upon the 
 
 admission of the said that no sufficient distress can be had upon his 
 
 goods and chattels for the recovery of the said several sums : These are 
 therefore to command you the said constable of to convey the said 
 
 to the said common gaol [or house of correction], at , and 
 
 these are also to command you the said keeper of the said common gaol 
 
 [or house of correction] to receive the said into the said common 
 
 gaol [or house of correction], there to remain without bail or mainprize 
 
 for the term of (a), unless such sum and costs, together with(i) the 
 
 costs and charges attending the commitment and conveying of the said 
 
 to the said common gaol [or house of correction], and of the persons 
 
 employed to convey him thither, be sooner paid and satisfied. 
 
 Given under our hands and seals, at , in the county of , this 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and forty . 
 
 15. Warrant of Commitment in Default of Distress. 
 
 To the constable of , in the county [or city, borough, or other 
 
 place} of , and to the keeper of the common gaol [or house of 
 
 correction] at , at the county of . 
 
 1 Whereas information and complaint were, on the day of 
 
 to wit. \ , in the year of our Lord one thousand eight hundred and 
 
 f or ty f made upon oath [or affirmation] before , one of her 
 
 Majesty's justices of the peace for the said county [or city, borough, or other 
 
 place} by , of the parish of , in the county [or city, borough, or other 
 
 place} of , single woman, that by an order made under the authority 
 
 of the statute passed in the eighth year of the reign of her present Ma- 
 jesty, intituled " An Act for the further Amendment of the Laws relating 
 
 (a) Not to exceed three calendar months. 
 
 (6) Where warrants are issued after the passing of this act, the justices should 
 insert the amount of these costs and charges.
 
 414 Other Proceedings out of Sessions. [PART m. 
 
 Oke's Synop. to the Poor in England," at the petty session holden in and for the 
 2nd ed. division [or city, borough, or other place] of , in the county of , 
 
 pp. 380382. on the day of , in the year of our Lord one thousand eight 
 
 hundred and forty , by her Majesty's justices of the peace for the 
 
 said county [or city, borough, or other place] acting in and for the said 
 
 division [or city, borough, or other place~\ then and there assembled, , 
 
 of , in the county [or city, borough, or other place] of , was 
 
 adjudged to be the putative father of a bastard child then lately born of 
 her body, and that in and by the said order it was ordered that the said 
 
 should pay to her the said so long as she should live and should 
 
 be of sound mind, and should not be in any gaol or prison, or under 
 sentence of transportion, or to such person as might be appointed to have 
 the custody of such bastard child under the provisione of the said statute, 
 
 the sum of per week for the first six weeks Jrom the birth of the 
 
 said child, and from the expiration of such six weeks the sum of per 
 
 week until such child should attain the age of thirteen years, or should 
 die, or that she the said mother should marry, and the sum often shillings 
 for the midwife, and the sum of for the costs incurred in obtaining 
 
 such order ; that the said had had due notice of the said order, and 
 
 that the said bastard child was then living under the age of thirteen 
 years, and that she the said mother hath not been married since the said order 
 was made, and that the payments directed to be made by the said order 
 
 had not been made according thereto by the said , and there was 
 
 then in arrear for the same the sum of , being the amount of arrears 
 
 for weeks' payments, and ten shillings for the midwife, and the sum 
 
 of for the costs incurred in obtaining such order: And whereas the said 
 
 justice by warrant under his hand and seal, directed to the constable of the 
 
 said parish of , and all her Majesty's officers of the peace in and for 
 
 the said county [or city, borough, or other place] commanded him forthwith 
 
 to apprehend the said , and to convey him before two of her Majesty's 
 
 justices of the peace for the said county [or city, borough, or other place] to 
 answer the premises, and to be dealt with according to law : Whereupon 
 
 the said , being brought before two of her Majesty's justices of the 
 
 peace for the said county [or city, borough, or other place] to show cause 
 why the same should not be paid, did not show any cause why the same 
 should not be paid ; and the same duly appearing upon oath to be due 
 
 from the said , under the said order, together with the further sum 
 
 of for the costs attending such warrant, apprehension, and bringing 
 
 up of him, but the said neglecting [or refusing] to make payment of 
 
 the said sums due under the said order, and the said sums so due for such 
 
 costs, the said justices required the constable of the parish of , in the 
 
 said warrant mentioned, forthwith to make distress of the goods and chat- 
 tels of the said , and if no such distress could be found, then to cer- 
 tify the same unto them, or unto , two of her Majesty's justices of the 
 peace acting for the said county [city, borough, or other place], to the end 
 that such further proceedings might be had therein as to law appertained : 
 
 And whereas it appears to us , two of her Majesty's justices of the 
 
 peace acting for the said county [or city, borough, or other place], by return 
 
 of the said constable of the said , dated the day of , that he 
 
 hath made diligent search, but doth not know of nor can find any goods and 
 chattels of the said , by distress and sale whereof the said sums and costs 
 can be recovered, pursuant to the said warrant ; and that the costs incurred 
 by the said constable in attempting to make such distress are shil- 
 lings : and the said is now before us (a) : These are therefore 
 
 (a) Insert " in custody of the said constable ;" or " according to the exigency 
 of a recognizance duly entered into by him on the day of last."
 
 CHAP, ii.] BASTARDS. 415 
 
 to command you the said constable of to convey the said to Oke's Synop. 
 
 the said common gaol [or house of correction] ; and these are also to 2nd ed. 
 command you the said keeper of the said common gaol [or house of cor- pp. 380 382. 
 
 rection] to receive the said into the said common gaol [or house of 
 
 correction], there to remain without bail or mainprize for the term of 
 
 (a), unless such sums and costs, and the aforesaid charges attending 
 
 the attempt to make the said distress, together with the costs and charges (6) 
 
 attending the commitment and conveying of the said to the said 
 
 common gaol [or house of correction], and of the persons employed to 
 convey him thither, be sooner paid and satisfied. 
 
 Given under our hands and seals, at , in the county of , this 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and forty . 
 
 MEM. For the margin of this Form for use. (G. C. 0. ) 
 
 *. d, 
 
 Due under order 
 
 Costs of apprehending, &c 
 
 Costs of distress 
 
 Commitment and conveyance to gaol 
 
 Total 
 
 16. Appointment of Guardian to the Bastard Child. 
 
 7 Whereas the justices assembled at a petty session of her 
 
 to wit. ) Majesty's justices of the peace for the county [or city, borough 
 
 or other placd] of , holden in and for the division [or city, borough 
 
 or other place'] of , in the county [or city, borough or other place'] of 
 
 , at , on the day of , in the year of our Lord one 
 
 thousand eight hundred and forty , by an order under their hands 
 
 and seals, reciting that one , single woman, residing at , 
 
 within the said division [or city, borough or other place], did, on the 
 
 day of , in the year of our Lord one thousand eight hundred and 
 
 forty , make application to , one of her Majesty's justices of the 
 
 peace acting for the said division [or city, borough or other place], for a 
 
 summons to be served upon one , and the said justice thereupon 
 
 issued his summons to the said to appear at a petty session to be 
 
 holden on the day of , in the year of our Lord one thousand 
 
 eight hundred and forty , for the said division [or city, borough or 
 
 other place] in which he usually acted, to answer her complaint touching 
 
 the premises : (c) and that the said having been duly served with the 
 
 said summons within forty days from the said day of , and that 
 
 the said having then applied to the said justices in petty sessions 
 
 assembled for an order upon the said according to the form of the 
 
 statute in such case made and provided ; and that it having been then 
 proved to the said justices that the said child was since [or within 
 six <SHendar months before] the passing of an act passed in the eighth 
 year of the reign of her present Majesty, intituled " An Act for the 
 further Amendment of the Laws relating to the Poor in England," (that 
 
 (a) Not to exceed three calendar months. 
 
 (6) Where warrants are issued after the passing of this act, the justices should 
 insert the amount of these costs and charges. 
 
 (c) This Form must be completed in regard to the recitals by reference to 
 the order of the justices.
 
 416 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. s to say) on the day of , in the year of our Lord one thousand 
 
 2nd ed. eight hundred and forty , horn a bastard of the body of the said 
 
 pp. 380 382. : and that the said justices, having heard the evidence of such 
 
 woman, and such other evidence as she had produced, and the evi- 
 dence of the said , the mother of the said child, having been corrobo- 
 rated in some material particular by other testimony, to their satisfaction, 
 
 did adjudge the said to be the putative father of the said child, and 
 
 having regard to all the circumstances of that case, did order that the said 
 
 should pay unto , the mother of the said bastard child, so long 
 
 as she should live and be of sound mind, and be not in any gaol or 
 prison, or under sentence of transportation, or to the person who might be 
 appointed to have the custody of such child, under the provisions of the 
 
 said statute, the sum of , until the said child should attain the age of 
 
 thirteen years, or should die, or the said < should marry : and they 
 
 did further order the said to pay to the said the sum of , 
 
 being the costs incurred in obtaining their order : And whereas the said 
 - hath not married since the making of the said order, but hath lately 
 
 [died, or become of unsound mind, or is now in the gaol or prison of , 
 
 in the county of , or is under sentence of transportation], and the 
 
 said child is still alive, and under the age of thirteen : Now we , two 
 
 of her Majesty's justices of the peace acting in and for the county [or 
 
 city, borough or other place] of , do hereby order and appoint one 
 
 , of , in the county [or city, borough or other place] of , 
 
 not being an officer of any parish or union, and having consented thereto, 
 to have the custody of such bastard child, so long as such bastard chiid 
 shall not be chargeable to any parish or union. 
 
 Given under our hands and seals, at , in the county [or city, 
 
 borough or other place] of , this day of , in the year 
 
 of our Lord one thousand eight hundred and forty . 
 
 N.B. A duplicate of this appointment is to be sent through the post 
 or otherwise by the clerk of the justices, to the clerk of the 
 guardians of the union or parish wherein the mother of the said 
 child resided at the time when she died, or ceased to be entitled 
 to receive the payments under the order. 
 
 II. OTHER FORMS. 
 
 17. Summons of a Witness. (7 & 8 Viet c. 101, s. 70.) 
 
 To E. F., of , in the said [county] of . 
 
 County of 1 Whereas application hath been made to [me the under- 
 
 > signed] one of her Majesty's justices of the peace in and for 
 
 to wit. ) the said county of , by C. D., single woman, residing 
 
 at , in the petty sessional division of , in the said count)', for 
 
 which I act, who hath been delivered of a bastard child, and of which she 
 
 alleged A. B., of , in the county of , to be the father, against 
 
 whom a summons hath been issued to appear at a petty sessions for this 
 division to answer the complaint of the said C. D. touching the premises : 
 And whereas the said C. D. [or A, B.] hath informed me that you are a 
 material witness on her [or his] behalf upon the matter of such charge, 
 and hath requested that I should summon you to appear and give evi- 
 dence thereon: These, &c. [conclude as in General Form No. 19 (G. 1), 
 ante, p. 30.] 
 
 18. Warrant on Disobedience of the Summons] This will be the same 
 as the General Form No. 21 (G. 2), ante, p. 31, adapted to the Summons 
 No. 17, supra.
 
 CHAP, ii.] BASTARDS. 417 
 
 19. Commitment of the Witness for refusing to give Evidence.] This Oke's Synop. 
 may be adapted from the General Form No. 23 (G. 4), ante, p. 31. 2nd ed 
 
 pp. 380382. 
 
 20. Notice of Appeal against an Order in Bastardy (a). (7 & 8 Viet. 
 
 c. 101, s. 4, and 8 Viet c. 10, s. 3.) 
 
 To C. D., of the parish of , in the county of . 
 
 ) Take notice, that I intend to appeal to the general quarter 
 
 to wit. J sessions of the peace to be holden on the day of next, 
 
 for the county of , against an order under the hands and seals of 
 
 I. S., I. L. snd I. P., Esquires, assembled at a petty session of her 
 Majesty's justices of the peace for the said county, holden in and for the 
 
 division of , in the said county, on the day of instant, 
 
 whereby I was adjudged to be the putative father of a bastard child, of 
 which you have been lately delivered, and ordered to pay to you certain 
 sums of money therein set forth. 
 
 Dated this day of , in the year of our Lord . 
 
 Witness, E. P. A. B. 
 
 21. Notice of the Recognizance to Persons bound, applicable to Form of 
 Recognizance 'to Appeal, No. 9, ante, p. 408.] Take notice, that you 
 
 A. B. are bound in the sum of , and you L. M. [and M. N.] in the 
 
 sum of [each], that you the said A. B. do appear at the next 
 
 general quarter sessions of the peace to be held at in and for the 
 
 county of , on the day of next, and then and there try an 
 
 appeal (of which you the said A. B. hath given notice) against an order 
 
 made on the day of by her Majesty's justices of the peace, 
 
 whereby you A. B. were adjudged to be the putative father of a bastard 
 child by one C. D., and thereby ordered to pay certain sums of money 
 therein set forth, and pay such costs as shall be by the said court awarded : 
 and unless you prosecute such appeal accordingly, or abandon the same, 
 and give notice thereof, as required by the statute in that behalf, the 
 recognizance entered into by you will forthwith be levied on you [and him 
 or them.] Dated this day of 185. 
 
 J. S., Justice of the Peace. 
 
 22. Notice to Mother and Justice by Father of his having entered into 
 
 Recognizance to appeal. (See 8 Vic. c. 10, s. 3.) 
 
 To C. D., of the parish of , in the county of [and to J. S., 
 
 Esquire, one of her Majesty's justices of the peace, and one of the 
 justices who made the order hereinafter mentioned.] 
 Whereas by an order under the hands and seals of J. S., J. L. and 
 J. P., Esquires, assembled at a petty session of her Majesty's justices of 
 
 the peace for the county of , holden in and for the division of , 
 
 in the said county, at , on the day of last, I, the under- 
 signed A. B., of the parish of , in the county of , was adjudged 
 
 to be the putative father of a bastard child, of which you [the said C. D.] 
 had been then lately delivered, and I was thereby ordered to pay to you 
 [the said C. D.] certain sums of money therein set forth : And whereas 
 1 have given to you [the said C. D.] due notice of my intention to appeal 
 against the said order to the general quarter sessions of the peace to be 
 
 holden on the day of next, for the said county of : Now 
 
 I do hereby give you [the said C. D. and J. S., Esquire] further notice, 
 that I have this day duly entered into a recognizance before J. L., Esquire, 
 one of her Majesty's justices of the peace for the said county [and one of the 
 
 (o) The Quarter Sessions Procedure Act (12 & 13 Viet. c. 45) does not 
 extend to an order in bastardy. (Vide s. 2.) 
 
 E E
 
 418 
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. said justices who made the said order, if so, and in that case this notice need 
 2nd ed. only be given to the mother] conditioned for my appearance at the said 
 pp. 380 382. next general quarter sessions of the peace, and then and there to try my 
 said appeal and pay such costs as shall be by the said court awarded. 
 
 Dated the day of , 185. 
 
 Witness, E. F. A. B. 
 
 23. Notice to Mother and Justice by Father of Abandonment of Appeal. 
 (See sect. 5 of 8 Viet. c. 10.) 
 
 To C. D., of the parish of , in the county of , and to J. L., 
 
 Esquire, one of her Majesty's justices of the peace, and the 
 justice before whom the recognizance hereinafter mentioned 
 was taken. 
 
 Whereas I, A. B., of the parish of , in the county of , did, 
 
 on the day of last, duly enter into a recognizance before you 
 
 the said J. L., Esquire, conditioned for my appearance at the next 
 
 general quarter sessions of the peace to be held on the day of 
 
 next, for the county of , then and there to try an appeal (of which 
 
 I the said A. B. had previously given you the said C. D. due notice), 
 against a certain order under the hands and seals of J. S., J. L., and 
 J. P., Esquires, assembled at a petty session of her Majesty's justices of 
 
 the peace for the said county of , holden in and for the division of 
 
 , in the said county, on the day of , whereby I was ad- 
 judged to be the putative father of a bastard child, of which you the said 
 C. D. had been then lately delivered, and ordered to pay to you the said 
 C. D. certain sums of money therein set forth : Now I do hereby give 
 you and each of you notice, pursuant to the statute in that behalf, that I 
 abandon the said appeal, and further, that I am [or my attorney E. F. 
 of, &c. is] ready to pay to you the said C. D. the sum now due under the 
 said order, and such costs and expenses as you the said C. D. may have 
 
 incurred by reason of my said notice of appeal. Dated this day of 
 
 , 185. 
 
 Witness, E. F. A. B. 
 
 24. Notice of the Recognizance for Appearance at the Return of the 
 Distress Warrant.] This will be similar to the General Form No. 14, 
 ante, p. 29, adapted to the Recognizance No. 13, ante, p. 411. 
 
 25. Justices' Clerks' Return of Summons, Applications and Orders to the 
 
 Clerk <>fthe Peace. (Given in Sched. (A) to 7 & 8 Viet. c. 101, s. 11.) 
 
 County . Division . 
 
 
 
 
 
 Name of the 
 
 Name of 
 Mother of 
 Bastard 
 applying. 
 
 Date of 
 Issue of 
 Summons. 
 
 Date of 
 Petty 
 Sessions. 
 
 Result of the Application. 
 
 Putative 
 Father in all 
 cases in which 
 Orders are 
 
 
 
 
 
 made. 
 
 
 
 
 [Here state if the summons was 
 
 
 
 
 
 never served, or if the alleged 
 
 
 
 
 
 father absconded, or the com- 
 
 
 
 
 
 Elaint was abandoned or 
 
 
 
 
 
 eard, and the order refused, 
 
 
 
 
 
 or, if made, the amount of 
 
 
 
 
 
 the order.] 
 
 
 I certify the above list to be correct in all particulars. 
 
 (Signed) A.B. Clerk to the justices.
 
 CHAP, ii.] BOOKS CONSTABLES. 419 
 
 BOOKS. 
 
 Order of a Justice for the Restoration of a Book lost from and belonging 
 to a Parish Library. (7 Anne, c. 14, s. 10.) 
 
 I Whereas C; W., one of the churchwardens of the parish of 
 
 to wit. i A ., in the said county, hath made oath before me, the under- 
 signed, one of her Majesty's justices of the peace in and for the said 
 county, that a certain book called " Cruden's Concordance" hath been 
 taken or otherwise lost out of the parochial library of and belonging to 
 the said parish of A., in the said county, and that he hath this day found 
 the same in the dwelling-house of one E. V., in the said parish and 
 county, and now here produces the said book before me the said justice, 
 and prays my order that the same may be restored to the said parochial 
 library in pursuance of the statute in that case made and provided : 
 And whereas the said E. V. hath been duly summoned to appear before 
 me the said justice to show cause why I should not order the said book 
 to be restored to the said library, but the said E. V. does not appear 
 before me in pursuance of my said summons, nor does he show any 
 cause why the said book should not be restored : Now I the said justice, 
 upon due consideration had of the premises, do hereby adjudge, deter- 
 mine and order that the said book be forthwith restored to the said 
 library. Given under my hand and seal at A. aforesaid, in the said 
 county, this second day of August, A. D. 1849. 
 
 J. S. (L.S.) 
 
 N. B. A warrant to search may be granted, and a summons in the 
 common form should precede the above order. 
 
 CHURCH RATES. 
 Vide tit. " Tithes Rent-charge and Church Rates" post. 
 
 CONSTABLES (SPECIAL). 
 
 1 . Deposition of a credible Witness that a Tumult, 4 - c. has taken place, Oke's Synop. 
 Sfc., and that the ordinary Peace Officers are not sufficient. (1 & 2 2nded- pp.383, 
 Will. 4, c. 41, s. 1. Adapted from 12 J. P. 396.)] 384. 
 
 I, T. W., of the parish of , in the county of , [farmer'], upon 
 
 my oath say, that I have reasonable grounds for apprehending and do appre- 
 hend that there will be this day [or on the day of ], a tumult 
 
 and riot in the said parish of ; and upon my oath aforesaid I further 
 
 say [here state the grounds. The witness need not confine himself to facts 
 within his own knowledge, but may speak to information and belief, and 
 may produce public newspapers, showing what is expected, and swear to his 
 belief of the contents of such papers, and the justices may ask him questions 
 to elicit information, if they are not satisfied with what he swears of his 
 own accord. The oath need not be in writing, but it is convenient to take 
 it down in writing.] 
 
 [or if the grounds for asking for the appointment of special constables 
 be the commission of a series of felonious acts in a particular 
 locality, within a short period, describe severally and in the order 
 of time, the offences, and stating them to have been done (if so) 
 " bv some person or persons unknown," and then : " that I ap- 
 prehend such offences will continue to be repeated, and that 
 the inhabitants of the parish and neighbourhood labour under 
 great fear on that account : that the ordinary parish constables 
 E E 2
 
 420 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. ( in number) appointed for preserving the peace in the 
 
 2nd ed. said parish are not efficient' or sufficient for the detection and 
 
 pp. 383, 384. discovery of the offender or offenders, for the preservation of 
 
 the peace, or for the protection of the inhabitants, and the 
 security of the property in the said parish."] 
 
 T. W. 
 
 Sworn before us, two of her Majesty's^ 
 justices of the peace for the said 
 
 county of , acting in and for 
 
 the division of in the same 
 
 county (within which the aforesaid 
 
 parish of is situated), this 
 
 day of ,185. 
 
 J. T. B. 
 J. D. M. 
 
 2. Precept for appointing several Special Constables in one Form. 
 
 J Whereas it hath been made to appear unto me, T.J. A., Esquire, 
 
 to wit. S one of the magistrates of the police courts of the metropolis, 
 sitting at the police court in Worship Street, in the county of Middlesex, 
 and within the metropolitan police district, 
 
 [or us the undersigned, two of her Majesty's justices of the peace for 
 
 the said county of , acting in and for the division of , 
 
 in the same county], 
 
 upon the oath of T. W., of the parish of , in the said district [or 
 
 division], a credible witness in that behalf, that a tumult and riot may be 
 
 reasonably apprehended in the said parish of [or in the parish of 
 
 in the said district [or division]], 
 
 [or that, &c. stating the facts shortly as in the deposition"] : 
 Now, I [we], the said justice [or justices], being of opinion that the ordi- 
 nary officers appointed for preserving the peace in the said district [or 
 division, or parish] are not sufficient for the preservation of the peace 
 therein and for the protection of the inhabitants and security of the pro- 
 perty in the said district [or division, or parish], do, by this precept in 
 writing under our hands, in pursuance of an act of parliament made and 
 passed in a session of parliament holden 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," nominate and appoint the 
 several persons whose names and descriptions are hereunder written, to 
 act as special constables for the preservation of the public peace and for 
 the protection of the inhabitants and security of the property within the 
 
 said district [or division, or parish] of for the period of from 
 
 the day of the date hereof [or until the day of ] ; and I [or we] 
 
 do hereby require such several persons to attend before one or more of her 
 Majesty's justices of the peace for the said county and [division], for the 
 purpose of being sworn into office at such time and place as shall be 
 appointed for that purpose : 
 
 Names of Persons appointed. 
 
 Residence. 
 
 Description. 
 
 H. G 
 
 Street, 
 
 Carpenter. 
 Clerk. 
 Overseer. 
 Farmer. 
 Wheelwright. 
 Labourer. 
 
 J. G 
 
 T. W 
 
 J. H 
 
 G.T 
 
 J. T 

 
 CHAP, ii.] CONSTABLES. 421 
 
 Given under my [or our] hand [or hands] at the police court in Worship Qke's Synop. 
 
 Street aforesaid [or at , in the county of aforesaid], this 2nd. ed. 
 
 day of , in the year of our Lord one thousand eight hundred and pp. 383, 384. 
 
 [Magistrate or Justice's signature.] 
 
 3. Form of Precept used, for each Person appointed, at the Police 
 
 Court, Worship Street. 
 
 To Mr. , in the parish of Saint , in the county of Middle- 
 sex, and within the metropolitan police district. 
 
 Metropolitan 1 It having been to appear unto 'me T. J. A., Esquire, 
 Police District > one of the magistrates of the police courts of the metro- 
 to wit. j polis sitting at the police court in Worship Street, in 
 the county of Middlesex, and within the metropolitan police district, upon 
 the oath of , a credible witness, that a tumult or riot may be reason- 
 ably apprehended in the said county and district [and being of opinion 
 that the ordinary officers appointed for preserving the peace in the said 
 county and district are not sufficient for the preservation of the peace 
 therein and for the protection of the inhabitants and security of the pro- 
 perty in the said county and district], I do, in pursuance of an act of par- 
 liament made and passed in the session of parliament holden in the first 
 and secend years of the reign of his late Majesty William the Fourth, inti- 
 tuled, " An Act for amending the Laws relative to the Appointment of 
 Special Constables, and for the better Preservation of the Peace," nomi- 
 nate and appoint you the said as and to act as a special constable 
 
 for the preservation of the public peace and for the protection of the 
 inhabitants and security of the property within the said parish of Saint 
 
 and elsewhere within the said district, such appointment to continue 
 
 in force during the period of two calendar months from the day of the 
 date hereof.* Given under my hand at the police court in Worship 
 Street aforesaid, this day of , in the year of our Lord one thou- 
 sand eight hundred and . 
 
 [ Magistrate's signature.] 
 
 %* This Form is easily adapted to a country parish. 
 
 4. Precept of Appointment of a Non-resident, under 5 Sf 6 Will. 4, 
 c. 43, s. 1.] This may be in the Form No. 3, supra, inserting at the 
 asterisk * " you being willing to act as a special constable under the pro- 
 visions of the statute above mentioned." 
 
 5. Summons to attend and be sworn. 
 To H. G. of Street, in the parish of , in the county of 
 
 ) Whereas under and by virtue of a precept in writing bearing 
 
 to wit. * date this day [or the day of instant], under the hands 
 
 of us the undersigned [or J. T. B. and J. D. M., Esquires], two of her 
 
 Majesty's justices of the peace for the said county of , and acting for 
 
 the division of in the same county, you are appointed to act as a 
 
 special constable for the preservation of the peace and for the protection of 
 
 the inhabitants and security of the property within the said parish of 
 
 for the period of from the date thereof [or until the day of 
 
 next] : These are therefore to require you to be and appear on , at 
 
 o'clock in the forenoon, at , before such justices of the peace 
 
 for the said county as may then be there, for the purpose of being sworn 
 into office, pursuant to the statute in such case made and provided ; and 
 in default of your compliance herewith, you will be liable to a penalty of
 
 422 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. five pounds. Given under our hands and seals, this day of , in 
 
 2nded. the year of our Lord , at , in the county aforesaid. 
 
 pp. 383, 384. [ Just ices' signatures and seals.] 
 
 6. Constable's Oath (given in 1 4- 2 Will. 4, c. 41.) 
 I, A. B., do swear that I will well and truly serve our sovereign lady 
 the Queen in the office of special constable for the parish [or township] 
 
 of , without favour or affection, malice or ill-will : and that I will, to 
 
 the best of my power, cause the peace to be kept and preserved, and pre- 
 vent all offences against the persons and properties of her Majesty's sub- 
 jects ; and that while I- continue to hold the said office, I will, to the best 
 of my skill and knowledge, discharge all the duties thereof faithfully 
 according to law. So help me God. 
 
 7. Certificate of Appointment and of Oath taken, for the Constable. 
 
 } We, two of her Majesty's justices of the peace for the county 
 
 to wit. I of , and acting in and for the division of in the same 
 
 county, do hereby certify that H. G. of street, in the parish of , 
 
 in the said division, has been duly appointed to act and this day duly sworn 
 to discharge the duties faithfully as a special constable for the preservation 
 of the peace and for the protection of the inhabitants and security of the 
 
 property within the said parish of , for the period of from the 
 
 date hereof [or until the day of next]. Witness our hands 
 
 this day of , 185 . 
 
 J. T. B. 
 
 J. D. M. 
 
 8. Notification of Appointment, for the Secretary of State and Lord Lieu- 
 tenant of the County. 
 
 [Date]. 
 
 Sir [or My Lord], 
 
 We are directed by the justices acting for the division of N. to inform 
 you [or your Lordship], in pursuance of the provisions of the 1 & 2 Will. 4, 
 c. 41, that under the circumstances detailed in the accompanying copy of 
 deposition they have this day, by precepts in writing under their hands, 
 nominated and appointed H. G., J. G. &c. to act as special constables in 
 the parish [or district] referred to in such deposition for the period of 
 
 next ensuing, and that the proper oath to execute the said office 
 
 has been duly administered to them. 
 
 We have the honour to be, 
 
 Sir, [or My Lord], 
 Your [Lordship's] very obedient humble servants, 
 
 I. G. and B. 
 Clerks to the justices. 
 The Right Honourable, 
 
 Sir Geo. Grey, Bart., M. P. 
 [or 
 
 The Earl of , 
 
 Lord Lieutenant.] 
 
 N. B. The orders for the constables' expenses will be found at pp. 361, 
 362, ante, No. 2 and 3, as they are required to be made at a 
 special session.
 
 CHAP, n.] CONSTABLES (COUNTY & PAROCHIAL.) 423 
 
 CONSTABLES (COUNTY.) 
 
 1. Oath given in 34-4 Viet. c. 88, s. 16, for Local Constables. .] I 
 A. B. do swear that I will well and truly serve our sovereign lady the 
 Queen in the office of local constable for the parish [or township, &c ] of 
 
 for the year ensuing, or until another shall be sworn in my stead, 
 
 according to the best of my skill and knowledge. So help me God. 
 
 2. Certificate of Superintendent or Constable having taken the Oath. 
 
 (2 & 3 Viet. c. 93, s. 8, and 3 & 4 Viet. c. 88, ss. 16, 19.) 
 County of S. ? I [or we] hereby certify, that A. B. hath this day been 
 to wit. $ duly sworn in before me [or us] the undersigned, one [or 
 two] of her Majesty's justices of the peace for the said county of S., in 
 petty sessions assembled for the petty sessional division of L. in the same 
 county, to act as a [local, or as the case may be~] constable within the 
 
 parish of , in the said county [and division], in pursuance of an act 
 
 passed in a session of parliament held in the second and third [or third 
 and fourth] years of the reign of her present Majesty, intituled " An Act 
 for the establishment of County and District Constables by the authority 
 of Justices of the Peace," [or " An Act to amend an Act for the establish- 
 ment of County and District Constables"], the said A. B. having been 
 duly appointed superintendent [or constable] by the chief constable of the 
 said county of S. by virtue of the statute aforesaid. 
 
 Dated this day of , 185. J. S. 
 
 CONSTABLES (PAROCHIAL.) 
 
 1. Order for Constable's Expenses, or Clerk's Fees. (5 & 6 Viet c. 109, Oke's Synop. 
 s. 17, and see 11 & 12 Viet. c. 91, s. 6 (a) ). 2nd ed. p. 385. 
 
 County of C. ) At a petty sessions of her Majesty's justices of the peace 
 to wit. S in and for the said county of C., acting in and for the di- 
 vision of N., in the said county, holden at the , in N., 
 
 in and for the said division, on Tuesday, the day of 
 
 , in the year of our Lord one thousand eight hundred and 
 
 We, the justices assembled at the said petty sessions, do by virtue of the 
 statute in such case made and provided, hereby order you, the overseers 
 of the poor of the parish of A., in the said division and county, to pay 
 out of the monies in your hands, collected for the relief of the poor of 
 your said parish, unto F. N., a constable appointed under the statute 
 aforesaid for your said parish, 
 
 [or unto Messieurs I. G. and B., the clerks to the justices of the said 
 division,] 
 
 the sum of , the same being the amount of the fees and allowances 
 
 settled according to the statute aforesaid for certain duties performed by 
 the said F. N. [or I. G. and B.] in respect of your said parish as ascer- 
 tained by us, and for which the payment is not by law charged upon the 
 county rate, such payment being under and in accordance with the regu- 
 lations in such behalf of the justices assembled in general quarter sessions 
 
 (a) It has been said (13 J. P. pp. 261, 769, 798), that this order can be 
 enforced by distress warrant under sect. 19 of the 11 & 12 Viet. c. 43. A 
 complaint and summons should however previously issue, the forms of which are 
 given post, as well as directions for such distress warrant.
 
 424 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. held by adjournment at the county courts in and for the said county of 
 2nd ed. p. 385. Cambridge, on Friday, the seventh day of June, one thousand eight hun- 
 dred and forty-four. 
 
 Given under our hands and seals, at the petty sessions aforesaid. 
 
 [Justices' signatures and seals.] 
 To the overseers of the poor of ) 
 the parish of A. j 
 
 2. Complaint of Non-payment (a).] Proceed as in the General Form, 
 No. 1, ante, p. 23, to the asterisk *, then : that he the said F. N. was 
 and is constable of the parish of A., in the division of N., in the said 
 
 county ; that on the day of last, J. S. and L. S., Esquires, two 
 
 of the justices then assembled at a petty sessions of her Majesty's 
 justices of the peace in and for the said county, acting in and for the 
 
 said division holden at , in N., in and for the said division, made 
 
 their order in writing, under their hands and seals, directed to the over- 
 seers of the poor of the said parish of A., and by virtue of the statute in 
 such case made and provided did thereby order them the said overseers 
 to pay out of the monies [recite the order at length], of which said order 
 W. F., one of the said overseers, hath had due notice, yet the said W. F. 
 hath neglected [or refused] to pay the said sum of , and the same is 
 still due to the said F. N. 
 
 3. Summons thereon to the defaulting Overseer to show Cause.] This 
 wilt be in the General Form No. 8 (A), ante, p. 26, reciting the complaint, 
 No. 2, supra. 
 
 4. Distress Warrant on Goods of Overseer. 
 
 To K. R., one of the constables of A., and to all other peace officers 
 
 in the said county of . 
 
 Whereas on last past a complaint was made before J. S., Esquire, 
 
 one of her Majesty's justices of the peace in and for the said county of 
 
 , by F. N., of the parish of A., in the said county, constable, 
 
 that he the said F. N. &c. [recite complaint, No. 2, supra, to the end, 
 
 then :] and now at this day, to wit, on , the day of , in 
 
 the year of our Lord , at , in the said county of , the par- 
 ties aforesaid appear before us, the undersigned, two [or me the under- 
 signed and one J. L., Esquire, being two] of her Majesty's justices of the 
 peace for the said county, 
 
 [or if overseers do not appear, the said F. N. appears before us, &c. 
 but the said W. F., although duly called, doth not appear by 
 himself, his consel or attorney, and it is now satisfactiorily 
 proved to us on oath that the said W.F. has been duly served with 
 the summons in this behalf, which required him to be and appear 
 here at this day before such justices of the peace for the said 
 county 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 the several 
 allegations in the said complaint being duly proved to us upon oath [in the 
 
 presence and hearing of the said W. F.], and the said sum of not 
 
 having since been paid, nor any sufficient cause shown 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 W. F. ; 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 F. N. in ob- 
 taining this warrant, together with the reasonable charges of taking and 
 
 (a) Vide note (a), ante, p. 423.
 
 CHAP, ii.] CONSTABLES (PAROCHIAL.) 425 
 
 keeping the said distress, shall not be paid, that then you do sell the said Oke's Synop. 
 goods and chattels so by you distrained, and do pay the money arising 2nd ed. p. 385. 
 from such sale unto Messieurs. I. G. and B., the clerks of the justices of 
 the peace for the division of N., 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, to the said W. F. ; 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 therein as to the law doth appertain. 
 
 Given under my [or our] hands and seals, this day of , in 
 
 the year of our Lord , at , in the county aforesaid. 
 
 [Justice or justices' signatures and seals.] 
 
 5. Complaint against a Parish paid Constable for Misconduct. (5 & 6 
 Viet. c. 109, s. 19.)] This will be in the General Form, No. 1, ante, 
 p. 23, setting forth particularly the facts constituting the misconduct com- 
 plained of. 
 
 6. Summons thereon.~\ General Form No. 8 (A), ante, p. 26. 
 
 7. Dismissal of Paid Constable. 
 
 County of C. > At a petty sessions, &c. [as in the caption of Form No. 
 
 to wit > 1, ante, p. 423.] 
 
 Whereas F. N., of the parish of A., in the said division, was, at a spe- 
 cial petty sessions of the peace holden at, &c. duly appointed a paid con- 
 stable, to act for the said parish under and by virtue of the statute in that 
 
 behalf: And whereas, on the day of instant, complaint was 
 
 made before J. S., Esquire, one of her Majesty's justices of the peace for 
 the said county, by W. F., of &c. that [recite the complaint charging the 
 misconduct] : Now we the undersigned, the [majority of the] justices 
 present at the said petty sessions (the said F. N. [not] appearing in obe- 
 dience to a summons in this behalf), having examined into the facts 
 hereinbefore mentioned, and the evidence in support of them [and the 
 defence of the said F. N. thereto], do hereby adjudge the said F. N. to 
 be guilty of the misconduct in his said office so alleged against him, and 
 do hereby dismiss the said F. N. from the office of paid constable for the 
 parish of A., in the said division, for such misconduct. 
 
 Given under our hands and seals, at the petty sessions aforesaid. 
 
 [Justices' signatures and seals.] 
 
 CONSTABLES (BOROUGH.) 
 
 Certificate of Constable appointed by Watch Committee having taken the 
 Oath. (5 & 6 Will. 4. c. 76, s. 76.) 
 
 Borough of T. $ I hereby certify that A. B. hath this day been duly 
 to wit. 1 sworn in before me the undersigned, one of her Majesty's 
 justices of the peace for the said borough of T., to act as a constable for 
 the said borough of T. and also within the county of C., in which the 
 said borough is situated, in pursuance of an act passed in a session of 
 parliament held in the fifth and sixth years of the reign of his late 
 Majesty King William the Fourth, intituled " An Act to provide for the 
 Regulation of Municipal Corporations in England and Wales," the said 
 A. B. having been duly appointed constable by the watch committee of 
 the said borough, by virtue of the said statute. Dated this day of 
 
 . . 185. 
 
 J. S.
 
 426 Other Proceedings out of Sessions. [PART in. 
 
 ,ES (UNDER LIGHTING AND WATCI 
 
 See tit. " Lighting and Watching Act," post. 
 
 Oke's Synop. 
 2nd ed. p. 385. CONSTABLES (UNDER LIGHTING AND WATCHING ACT.) 
 
 CONSTABLES (ON NAVIGABLE RIVERS AND CANALS.) 
 
 1. Oath required by 3 & 4 Viet. c. 50, s. 1.] I, A. B., having been 
 appointed a constable to act upon and along the [name the canal or navi- 
 gable river'] under the provisions of [here insert the title of this act as in 
 Form No. 2, infra,"] do swear that I will well and truly serve our sovereign 
 lady the Queen in the said office of constable, without favour or affection, 
 malice or ill-will, and that I will, to the best of ray power, cause the 
 peace to be kept, and prevent all offences against the peace, and that while 
 I continue to hold the said office I will, to the best of my skill and know- 
 ledge, discharge the duties thereof faithfully according to law. 
 
 So help me God. 
 
 2. Certificate of Oath.] Proceed to the asterisk * in the Form in tit. 
 " Constables (Borough)," supra, then : " third and fourth years of the 
 reign of her present Majesty, intituled ' An Act to provide for keeping 
 the Peace on Canals and Navigable Rivers,' the said A. B. having been 
 duly appointed a constable to act upon and along the [name of the canal, 
 4"C.] by two of her Majesty's justices of the peace by virtue of the same 
 statute." 
 
 CORN DECLARATION. 
 
 Given in the 5 Viet. c. 14, s. 23.] I, A. B., do declare that the 
 returns to be by me made conformably to the act passed in the fifth year 
 of the reign of her Majesty Queen Victoria, intituled " An Act to amend 
 the Laws for the Importation of Corn," of the quantities and prices of 
 British corn which henceforward shall by or for me be bought shall to the 
 best of my knowledge and belief contain the whole quantity, and no more, 
 of the British corn bona fide bought for or by me within the periods to 
 which such returns respectively shall refer, with the prices of such corn 
 and the names of the sellers respectively, and to the best of my judgment 
 the said returns shall in all respects be conformable to the provisions of 
 the said act. As witness my hand, this day of 18 (a). 
 
 CORPORATION. 
 
 1. Complaint against Officer of Corporal.jn neglecting to deliver ove 
 Books or Monies, 4r. (5 & 6 Will. 4, c. 76, ss. 60, 65.)] The information 
 and complaint of D. D., the town clerk [or mayor] of the said borough 
 of T., duly authorized in this behalf for a-.d on behalf of [himself and] 
 the council of the said borough, taken [<rc. as in No. 1, ante, p. 23], 
 saith, that A. B., of the parish of K., in the said borough, was late [or is 
 now] public crier [or treasurer] of the said borough, and as such crier [or 
 
 (a) The Excise furnishes the justice with a form of certificate of this decla- 
 ration being taken, which is filled up and returned to the Excise, the declara- 
 tion being retained by the justice.
 
 CHAP, ii.] CORPORATION DISSENTERS. 427 
 
 treasurer] an officer of the council of such borough, and that he has been 
 lately removed from his said office of crier [or treasurer] ; and that the 
 said A. B. has now in his custody or power a bell [or certain books, 
 
 papers and writings, or certain accounts, or certain monies, to wit, ,J 
 
 the property of the council of the said borough ; that on the day of 
 
 last a notice in writing directed to the said A. B., under the hand of 
 
 T. N. F., Esq., mayor of the said borough, and of I. A., W. N. and T. 
 W., three of the council of the said borough, directing the said A. B. to 
 deliver to one J. T., the town clerk of the said borough, and who was 
 thereby authorized to receive the same, the said , then in his pos- 
 session [or then due from the said A. B. as such treasurer as aforesaid] 
 was personally served upon the said A. B., and that ever since the service 
 of the said notice the said A. B. hath wilfully neglected [or refused] to 
 
 deliver [or pay] the said to the said J. T., as required by the said 
 
 notice, or to give any satisfaction to the said council or to the said J. T. 
 concerning the same, contrary, &c. 
 
 2. Warrant thereon. (Id. s. 60.)] This will be in the General 
 Form, No. 11 (C.), ante, p. 27. 
 
 3. Convicting Warrant of Commitment. 
 
 To the constables of the borough of T., in the county of C., and to 
 the keeper of the common gaol at B., in the said county. 
 
 Whereas on the day of last complaint was made, &c. [recite 
 
 complaint, No. 1, supra, to the end, and then:} and now at this day, to 
 
 wit, on the day of , at , in the said borough, the said 
 
 parties, that is to say, the said J. T., for and on behalf of the said council, 
 and the said A. B., in pursuance of a warrant in this behalf duly granted 
 by the said justices, appear before us J. S. and J. L., Esquires, two of her 
 Majesty's justices of the peace for the said borough, and now having 
 heard the matter of the said complaint, and the several allegations therein 
 having been now duly proved to us on oath, we do adjudge the said 
 complaint to be true : These are therefore to command you the said con- 
 stable of to take the said A. B. and him safely convey to the com- 
 
 -mon gaol at B. aforesaid, and there to deliver him to the keeper thereof, 
 together with this precept : and we 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, without bail, 
 
 until he shall deliver up the said [or shall have paid the said sum of 
 
 , or rendered the said account] or give satisfaction in respect thereof 
 
 to the said council or to the said J. T. ; and for so doing this shall be 
 
 your sufficient warrant. Given under our hands and seals, this 
 
 day of , in the year of our Lord , at , in the borough of T. 
 
 aforesaid. 
 
 [Justices' signatures and seals.] 
 
 DISSENTERS. 
 Certificate of having taken the Oaths. (Given in 52 Geo. 3, c. 155.) 
 
 County of ) I, J. P., Esquire, one of her Majesty's justices of the 
 
 ] peace for the said county of , do hereby certify that 
 
 C. D , of , in the county of , did this day appear before me, 
 
 and did make and take and subscribe the several oaths and declaration 
 contained and specified in an act made in the fifty-second year of the 
 reign of King George the Third, intituled "An Act to repeal certain Acts
 
 428 
 
 Other Proceedings out of Sessions. [PART in. 
 
 and amend other Acts relating to religious Worship and Assemblies, and 
 
 Persons teaching or preaching therein." Witness my hand, this 
 
 day of , in the year, &c. 
 
 J. P. 
 
 Oke's Synop. 
 2nd ed. pp. 387 
 392. 
 
 Adapted from 
 Form in 
 3 Burn's Jus., 
 29th ed. p. 193. 
 
 FRIENDLY SOCIETIES. 
 
 1. Statement of Complaint on the Conviction against Person obtaining 
 Money from the Society by Fraud. (10 Geo. 4, c. 56, s. 25 (a).)] 
 
 for that he the said A. B., on the day of , at the parish of , 
 
 in the county aforesaid, did by a certain false representation [or imposi- 
 tion], to wit, by then and there falsely representing [here describe thej'alse 
 representation as in the act], fraudulently obtain possession from one C. D., 
 
 being the treasurer of a certain friendly society called * held at 
 
 in the said county (established and held under and by virtue of the statutes 
 in that case made and provided, and respectively made and passed in the 
 tenth year of the reign of his late Majesty King George the Fourth, and 
 in the fifth year of the reign of his late Majesty King William the Fourth, 
 the rules, orders and regulations of which society have been confirmed 
 and filed according to the provisions of the statutes in that case made and 
 
 provided*) the sum of , part of the monies of the said society, 
 
 whereas in fact [here negative the representation], and that no especial 
 provision is made for such offence in the rules of the said society, con- 
 trary, &c. 
 
 2. General Forms to be used in enforcing the Conviction (No. 39 (1. 1), 
 ante, p. 38.)] Distress Warrant, &c., No. 53 (N. 1) 58, ante, pp. 50 
 52. The double amount adjudged may be described, after stating the 
 total amount, as " being double the amount of the said monies so ob- 
 tained [or withheld] by the said A. B. as aforesaid." 
 
 3. Complaint of Member where Dispute referred to Arbitration, and 
 either Party dots not conform thereto. (Id. s. 27.)] Proceed as in the 
 General Form No. 1, ante, p. 23, describing the justice as "residing in the 
 same county," and then : that he the said C. D. is a member of a certain 
 friendly society called, &c. [here copy the portions between the asterisks * 
 in the Form No. 1, supra] : fthat by the rules and regulations of the 
 said friendly society it was and is specified that a reference of every matter 
 in dispute between the said society, or any person acting under them, and 
 any individual member thereof, or any person claiming on account of any 
 member, should and shall be made to arbitrators to be appointed accord- 
 ing to the provisions of the said first-mentioned statute, that a certain 
 matter of dispute, that is to say, whether, &c. [state shortly the matter in 
 dispute], did on &c., at &c., arise between the said society [or E. F., a 
 person acting under the said society], and the said C. D. [complainant], 
 then being such member thereof as aforesaid, [or G. H., a person claim- 
 ing as executor of the said C. D. and on his account] ; and that such 
 
 matter in dispute was on the said , at &c., referred to arbitration, 
 
 according to the said rules and regulations and the said statute, to certain 
 arbitrators, that is to say, J. K., K. L., M. N. and O. P., then and there 
 named, chosen and elected by the said society, according to the said act, 
 and not being then or at any other time beneficially interested, directly or 
 
 (a) This Form was omitted from Chap. 2 of Part I. (Summary Convictions 
 and Orders.)
 
 CHAP, ii.] FRIENDLY SOCIETIES. 429 
 
 indirectly, in the funds of the said society, and the names of the said ar- 
 bitrators being then and there duly entered in the book of the said society, 
 in which the rules were entered according to the said statutes, and that the 
 said J.K., K. L. and M. N. then and there took upon themselves the 
 burthen of the said arbitration, and being the major part of the said arbi- 
 trators, did on the [date ofawurd~], at the parish aforesaid, in the county 
 aforesaid, make their award in writing, bearing date that day and year, 
 of and concerning the matters so referred to them as aforesaid, and as 
 such arbitrators did then and thereby award and order that II. S. should, 
 
 on &c., pay to the said C. D. the sum of [according to the award~], 
 
 and of which said award the said R. S. then and there had notice ; that 
 the said C. D. afterwards, on the day and year last aforesaid, there re- 
 quired the said R. S. to pay him the said sum of , according to the 
 
 said award and decision, and comply with and conform to the said award 
 and decision, which the said R. S. then and there wholly neglected and 
 refused to do, and still neglects and refuses so to do, and the said sum of 
 
 still remains wholly due and unpaid from the said R. S. to the said 
 
 C.D. 
 
 4. Summons thereon. 
 
 To Mr. R. S., treasurer, &c. [according to the fact\ of the friendly 
 
 society called , at , in the county of . 
 
 1 Whereas complaint upon oath hath this day been made before 
 
 to wit. $ the undersigned, one of her Majesty's justices of the peace act- 
 ing in and for and residing in the said county of , by C. D., of &c., 
 
 a member of your society, that on the day of last I. J., K. L. 
 
 and M. N., being the major part of certain arbitrators duly appointed by 
 the said society, did make their award in writing of and concerning certain 
 matters in difference, and duly referred to them, and by which said award 
 they did award and order that you the said R. S. should, on &c., pay to 
 
 the said C. D. the sum of , and that you have refused to comply with 
 
 the said award : These are therefore [fyc. conclude as in General Form 
 No. 8 (A), ante, p. 26.] 
 
 6. Order of two Justices thereon.'] Proceed as in the General Form 
 No. 44 (K. 1), ante, p. 42, to the adjudication, and then say : and there- 
 upon we do order and adjudge, by virtue of the statute in that behalf, 
 that the said R. S. do pay, &c. [according to the arbitrator's award, as the 
 justices may think fit] : and we do also award and adjudge the said R. S. 
 
 also to pay to the said C. D. the sum of ten shillings for his costs in this 
 behalf, according to the said statute : and if &c. [ follow to end of Form 
 No. 44 (K.I), ante, p. 42.] 
 
 7. Forms to be used in enforcing Order No. 6.] Distress Warrant, 
 &c. No. 66 (N. 2) 71, ante, pp. 5759. 
 
 8. Complaint of Member excluded, SfC. where such Disputes re- 
 ferred by Rules to Justices. (Id. s. 28.)] Proceed to thef in Form 
 
 No. 3, supra, then : and that at a meeting of the said society held at the 
 
 on the day of , he the said C. D. was by the members 
 
 then and there present unjustly, illegally, and contrary to the rules of the 
 said society, excluded from the said society and all benefit which he hath 
 a right to claim therefrom ^ (a), and that by the rules of the said society it 
 is directed that any matter in dispute shall be referred to her Majesty's jus- 
 tices of the peace acting for the said county [or as the cause of complaint 
 
 (a) Referred to in Form 14, post.
 
 430 Other Proceedings out of Sessions. [PART in. 
 
 may be] :* and the said C. D. prayeth redress in the premises, and that 
 G. H. and I. K., the stewards of the said society, may be summoned to 
 answer the said complaint pursuant to the statute in such case made and 
 provided. 
 
 9. Summons to the Stewards.] This will be similar to Form No. 4, 
 ante, p. 429. 
 
 Adapted from 10- Award or Adjudication of Justices upon Complaint No. 8, supra, 
 
 Form No. 13, adjudging Re-instatement of a Member, fyc. under s. 28, with Variation 
 
 3 Burn's Jus. where Justices order, under s. 8 of 4: $ 5 Will. 4, c. 40, a sum of Money 
 
 29th ed. p. 195. to be paid in Default of Re-instatement. 
 
 To G. H. and I. K., stewards of the friendly society called , 
 
 held at , in the parish of , in the county of . 
 
 ) Be it remembered, that, &c. [as in the General Form of 
 
 to wit. ] Order No. 44 (K. 1), ante, p. 42, to the adjudication, and then 
 say :] and thereupon we do order and adjudge, by virtue of the said sta- 
 tute, that the said C. D. be forthwith re-admitted into the said society, and 
 into all the benefits and advantages arising therefrom ; and we do order 
 and require you G. H. and I.K., the stewards of the said society, forth- 
 with to re-admit the said C. D. into the said society, and unto all the benefits 
 arising therefrom accordingly. 
 
 [Variation, if the justices award a sum in default : and we do further 
 award, order and adjudge, that, in default of such re-instatement 
 of the said C. D. as aforesaid, you the said stewards of the said 
 society do and shall forthwith thereafter pay to the said C. D. 
 
 the sum of , and we do order and require you to pay the 
 
 said sum unto the said C. D. accordingly,] 
 [or that the said C. D. be expelled from the said society.] 
 
 Given under our hands and seals, this day of , in the year of 
 
 our Lord , at , in the county aforesaid. 
 
 [ Justices' signatures and seals.] 
 
 11. Complaint for disobeying the last Order in not paying the Amount 
 adjudged in Default of Re-instatement. (Id. ss. 27, 28 (a).)] Proceed in 
 the General Form No. 1, ante, p. 23, describing the grounds of complaint 
 thus: that he the said C. D. was a member of a certain Friendly Society 
 called, &c. [here copy the portions between the asterisks * * in the Form 
 No. 1, ante, p. 428, and then:] that a meeting, &c. [then follow to the 
 asterisk* in Form No. 8, supra, then:] that by the award and adjudication 
 in writing under the hands and seals of J. S. and J. L., Esquires, two 
 of her Majesty's justices of the peace for the said county, bearing date the 
 
 day of instant (duly made after a summons to G. H. and 
 
 I. K., the stewards of the said Friendly Society, to answer a certain 
 complaint of the said C. D., stating the matters above set forth), it was 
 ordered and adjudged, by virtue of the said statute, that the said C. D. be 
 forthwith re-admitted into the said society, and unto all the benefits and 
 advantages arising therefrom; and they the said justices did thereby 
 order and require the said G. H. and I. K., the stewards of the said 
 society, forthwith to re-admit the said C. D. into the said society, and 
 unto all the benefits arising therefrom accordingly: And the said justices 
 did thereby further award and adjudge, &c. [state it as in the order, 
 Form No. 10, supra, then:] that a copy [or duplicate] of the said award 
 
 (a) Vide Hammond v. Bendysbe et ai, 13 J. P. 444 ; The Magist. vol. i. 
 No. 13, p. 187 j 18 Law Journ. Rep. (N. S.), M. C. p. 219.
 
 CHAP, ii.] FRIENDLY SOCIETIES. 431 
 
 and adjudication of the said justices was duly served upon the said G. H. 
 and I. K., on the day of ; yet the said stewards have not re-ad- 
 mitted, and the said stewards have not paid to the said C. D. the said 
 sum of , as required by the said award, but have refused so to do. 
 
 12. Summons thereon.'] 2'his will be the same as the General Form, 
 No. 8 (A), ante, p. 26, stating the grounds of complaint shortly, thus : 
 
 for that you, being the stewards of the Friendly Society at , in the 
 
 said county, have neglected and refused to re-admit one C. D., a member 
 of the said Society [or to pay him the sum of in default of such re- 
 instatement], as required by the award of two of her Majesty's justices 
 
 of the peace, bearing date the day of last, a copy [or duplicate] 
 
 of which was duly served upon each of you on the day of 
 
 instant. 
 
 13. Distress Warrant on Goods of Society, or Stewards, for Amount 
 adjudged in Default of Re-instatement. 
 
 To the constable of , and to all other peace officers in the said 
 
 [county] of . 
 
 \ Whereas on the day of instant, a complaint was 
 
 to wit. ) made before J. S., Esquire, one of her Majesty's justices of the 
 
 peace acting in and for and residing in the said [county] of , by 
 
 C. D., of &c. that [recite the complaint, No. 11, supra, to the end:] And 
 
 afterwards, to wit, on this day of , at , in the said [county] 
 
 of , the parties aforesaid, that is to say, the said C. D. and the saia 
 
 G. H. and I. K., as such stewards as aforesaid, appeared before us J. S. 
 and J. L., Esquires, two of her Majesty's justices of the peace acting in 
 
 and for and residing in the said [cownty] of , and thereupon having 
 
 considered the matter of the said complaint, and the said G. H. and 
 I. K. not showing to us any sufficient cause for not paying the said sum 
 
 of , so awarded, ordered and adjudged as aforesaid, we have ordered, 
 
 and do hereby order the same, together with the sum of ten shillings 
 for costs in this behalf, to be levied by distress and sale of the goods and 
 chattels of the said Friendly Society, and in default of there being any 
 goods and chattels of the said society, then on the goods and chattels 
 of the said G. H. and I. K., the said stewards and officers of the said 
 society so neglecting and refusing to pay the said sum as aforesaid: 
 These are therefore to command you, in her Majesty's name, forthwith 
 to make distress of the monies, goods, chattels, securities and effects be- 
 longing to the said society; and if within the space of five days after the 
 making of such distress the said last-mentioned sums, together with the 
 reasonable charges of taking and keeping the said distress, shall not be 
 paid, that then you do sell the said monies, goods, chattels, securities 
 and effects, 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, to the said 
 society, or to one of the treasurers or trustees thereof, and in default of 
 such distress being found, that then you do forthwith make distress of 
 the goods and chattels of the said G. H. and I. K., or one of them; and 
 if within the space of five days after the making of such last-mentioned 
 distress the aforesaid sums, together with the reasonable charges of 
 taking and keeping the same distress, shall not be paid, that then you do 
 sell the said last- mentioned goods and chattels so by you distrained, 
 and do pay the money arising from such sale unto the said clerk to the 
 justices, that he may pay or apply the same as by law directed, and may
 
 432 Other Proceedings out of Sessions. [PAIIT in. 
 
 Oke's Synop. render the overplus, if any, on demand, to the said G. H. and I. K., or 
 
 2nd ed. p. 391. such one of them as may have been so distrained upon ; and if no such 
 
 last-mentioned distress can be found, then that you certify the same unto 
 
 us, to the end that such proceedings may be had therein as to the law 
 
 doth appertain. Given under our hands and seals, this day of 
 
 , in the year of our Lord , at , in the [county~\ aforesaid. 
 
 {Justices signatures and seals.'] 
 
 14. Complaint of Member where the Society neglected to appoint Arbi- 
 trators within forty Days after Application, or the Arbitrators have not 
 made any Award. (4 & 5 Will. 4, c. 40, s. 7).] Proceed as directed in 
 Form No. 8, ante, p. 429, to the , and then : that by the rules of the 
 said society, it is directed that any matter in dispute shall be referred 
 [here set out the substance of the arbitration rule] ; that application was 
 
 made by the said C. D. on the day of last, to G. H. and 
 
 I. K., being then and there the stewards of the said society, for the pur- 
 pose of having the said dispute so settled by arbitration, according to the 
 said rule, and that such application was not within forty days thereafter, 
 and hath not at any time since, been complied with, 
 
 [or that the arbitrators, viz. , to whom the said dispute was re- 
 ferred, have neglected or refused to make any award], 
 And the said C. D. preyeth redress in the premises, and that G. H. and 
 I. K., the stewards of the said society, may be summoned to answer the 
 said complaint, pursuant to the statute in such case made and provided. 
 
 15. Summons to the Stewards.'] In the General Form No. 8 (A), 
 ante, p. 26. 
 
 16. Justices' Determination of Dispute.'] This will be in a similar 
 Form as No. 10, ante, p. 430. 
 
 17. Complaint to a Justice on Nonpayment of Fees and Sums under 
 Award of Registrar of Friendly Societies. (9 & 10 Viet. c. 27, ss. 15, 
 18, 19.)] that ia and by the award in writing of J. T. P.. Esquire, the 
 Registrar of Friendly Societies in England, duly appointed in that behalf, 
 
 bearing date the day of , the said Registrar of Friendly Societies 
 
 in England did, in pursuance of the provisions contained in the Act to 
 amend the Laws relating to Friendly Societies, thereby award, order 
 and determine that G. H., steward [or member] of a certain Friendly 
 
 Society called the , held at , in the said county of , do, on 
 
 the day of last, at , pay to this complainant, the said 
 
 C. D., a member [or steward] of the said society, the sum of ; and 
 
 the said Registrar did further award, order and determine that the fees of 
 
 his said award, amounting to the sum of , should be borne and paid 
 
 by the said G. H. : that the said G. H., having had due notice of the 
 said award, hath neglected and refused, and still neglects and refuses, to 
 
 pay the said sum of , and the said sum of , for the said fees 
 
 which the said C. D. hath expended, and the same are now unpaid. 
 
 18. Summons thereon.'] In the General Form No. 8 (A), ante, p. 26. 
 
 19. Order for Payment. (Id. s. 19.)] This will be in the General 
 Form No. 44 (K. 1), ante, p. 42, enforced by the General Forms of 
 Distress Warrant, &c., No. 66 (N. 2) 71, ante, pp. 5759.
 
 CHAP, ii.] FORCIBLE ENTRY-GAME. 
 
 433 
 
 FORCIBLE ENTRY AND DETAINER. 
 
 Proceedings by Justices upon View. (The Forms will be found in 
 
 I Arch. J. P., 4th edit. p. 467 to 474 ; not being within Jervis's Act, 
 
 II & 12 Viet. c. 43; Arch. 2nd edit., note, p. 138). 
 
 GAME. 
 
 1. Authority to kill Hares. (Given in 11 & 12 Viet. c. 29; see ss. 1,2.) 
 
 I, A.B., do authorize C.D. to kill hares on my lands [or "the lands 
 
 occupied by me," as the case may be], within the of [here 
 
 insert the name of the parish or other place, as the case may be.] Dated 
 
 this day of [here insert the day, month and year. ~\ 
 
 (Witness) A. B. 
 
 N. B. The manner of registering which has been adopted by the 
 clerks to the justices, is to make a copy of the authority, when 
 presented to the clerks to the justices, writing on each the fol- 
 lowing : 
 
 "Registered in pursuance of the statute 11 & 12 Viet. 
 
 c. 29, this day of 185, by me, 
 
 I. G. and B., clerks to the magistrates acting for the 
 petty sessions division of N., within which 
 the lands above mentioned are situate," 
 and returning the original to the party. 
 
 2. Register Book of Authorities required to be kept by sect. 2. 
 
 Oke's Synop. 
 2nded. p. 392. 
 
 
 Person to whom 
 granted. 
 
 Person granting Authority. 
 
 
 
 Ii 
 
 
 o 
 1 
 
 
 
 
 
 '=_ 
 
 
 g 
 I* 
 
 V 
 
 (2 a 
 
 
 .3 
 
 
 
 
 
 | 
 
 *~ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 Date of Re 
 
 o> 
 
 1 
 
 Residence. 
 
 i 
 
 H 
 
 Residence. 
 
 Owner or 
 
 Parish or P 
 Lands 
 
 Signature o 
 registei 
 
 When Noti 
 tion (if an; 
 
 
 
 
 
 
 
 
 
 
 
 FF
 
 434 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 3. Notice of Revocation of Authority to kill Hares. (Id. s. 2.) 
 
 2nd ed. p. 374. 
 
 To Mr. C. D. and Messrs. I. G. and B., the clerks to the magistrates 
 for the petty sessions division of N., within which the lands 
 hereinafter mentioned are situate. 
 
 I, A. B., do hereby revoke the authority given by me to you the said 
 C. D., authorizing you the said C. D. to kill hares, [4 - c. to end of autho- 
 rity], bearing date the = day of last, from the date hereof; and 
 
 I do hereby give you the said clerks to the magistrates this notice of the 
 said revocation pursuant to the statute in that case made and provided. 
 
 Dated this day of , 185 . 
 
 Witness A. B. 
 
 N. B. The manner of registering will be similar to that stated under 
 the Form No. 1, supra. 
 
 GAMING HOUSES. 
 
 Id. p. 392, 393. Warrant to enter, given in 8 # 9 Viet. c. 109. (Vide ss. 3, 6, 8.) 
 
 To the constable, &c. 
 County of i Whereas it appears to me, J. P., one of the justices of our 
 
 . J lady the Queen, assigned to keep the peace in the said 
 
 county, by the information on oath of A. B. of , in the county of 
 
 \_yeoman~\, that the house [room or place] known as [here insert a 
 
 description of the house, room or place by which it may be readily known 
 andjound], is kept and used as a common gaming house within the mean- 
 ing of an act passed in the eighth year of the reign of her Majesty Queen 
 Victoria, intituled, " An Act to amend the Law concerning Games and 
 Wagers :" This is, therefore, in the name of our lady the Queen, to 
 require you, with such assistance as you may find necessary, to enter into 
 the said house [room or place], and, if necessary, to use force for making 
 such entry, whether by breaking open doors or otherwise, and there dili- 
 gently to search for all instruments of unlawful gaming which may be 
 therein, and to arrest, search, and bring before me, or some other of the 
 justices of our lady the Queen assigned to keep the peace within the 
 
 county of , as well the keepers of the same as also the persons there 
 
 haunting, resorting, and playing, to be dealt with according to law ; and 
 for so doing this shall be your warrant. 
 
 J. P. 
 
 Given under my hand and seal at , in the county of , this 
 
 day of , in the year of the reign of . 
 
 HEALTH (PUBLIC) ACT, 1848. 
 Id. p. 394. 1. Complaint for Rates. (11 & 12 Viet, c.63, s.3.) 
 
 ) Be it remembered, that on the day of , in the year 
 
 to wit. < of our Lord , A. B., one of the collectors for the district of 
 
 , under and by virtue of the Public Health Act, 1848, complains to 
 
 the undersigned, one of her Majesty's justices of the peace in and for the 
 said county [or borough, &c.], that C. D., of &c. hath not paid and hath 
 refused to pay the sum of , duly assessed upon him in and by a cer- 
 tain rate bearing date on or about the day of , in the year of 
 
 our Lord , although the same hath been duly demanded or him ; 
 
 wherefore the said A. B. prays that the said C. D. may be summoned to
 
 CHAP, ii.] HEALTH (PUBLIC) ACT, 1848. 435 
 
 appear before one of her Majesty's justices of the peace to show cause Oke's Synop. 
 why the said sum should not be paid by him. 2nd ed. p. 394. 
 
 A.B. 
 
 Made and exhibited before me, at , in 
 
 the county of , on this day of 
 
 , 185. E.F. 
 
 2. Summons thereon. 
 
 ToC.D. of . 
 
 ^ Whereas complaint hath been duly made before <he under- 
 
 to wit. ) signed, one of her Majesty's justices of the peace in and for the 
 said county [or borough, &c.], by A. B., one of the collectors for the dis- 
 trict of , under and by virtue of the Public Health Act, 1848, that 
 
 you have not paid and have refused to pay the sum of , duly assessed 
 
 upon you in and by a certain rate bearing date on or about the day 
 
 of , in the year of our Lord , although the same hath been duly 
 
 demanded of you : These are therefore to command you, in her Majesty's 
 
 name, to be and appear on , at o'clock in the forenoon, at 
 
 , before me or some other justice of the peace for the said [county] 
 
 as may then be there, to show cause why the said sum should not be paid 
 by you, 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 year of our Lord , at , 
 
 in the [county'] aforesaid. 
 
 E.F. 
 
 3. Distress Warrant for Rates. (Given in 11 & 12 Viet. c. 63, 
 Sched. (D.)) 
 
 To A.B., collector of rates, and to all constables and peace officers. 
 
 County of 1 Whereas complaint hath been duly made by A. B., 
 
 or [borough] &c. > one of the collectors for the district of , under and 
 
 to wit. ) by virtue of the Public Health Act, 1848, that C. D., 
 
 of &c., hath not paid and hath refused to pay the sum of , duly 
 
 assessed upon him in and by a certain rate bearing date on or about the 
 
 day of , in the year of our Lord one thousand eight hundred 
 
 and , although the same hath been duly demanded of him : and 
 
 whereas it appears to me E. F. Esquire, one of her Majesty's justices of the 
 peace in and for the said county [or borough, &c.] as well upon the oath 
 
 of the said A. B. as otherwise, that the said sum of hath been duly 
 
 demanded in writing of him the said C. D., and that the said C. D. hath 
 refused to pay the same for the space of fourteen days after such demand 
 made and doth refuse to pay the same ; and whereas the said C. D. hath 
 been duly summoned to appear before me to show cause why the same 
 should not be paid by him, and not having shown to me any sufficient 
 cause why the same should not be paid: These are therefore, in her 
 
 Majesty's name, to command you to levy the said sum of , and also 
 
 the sum of , the costs of proceeding to obtain this warrant, by distress 
 
 and sale of the goods and chattels of the said C. D., and your reasonable 
 charges of taking, keeping and selling the said distress, rendering to him 
 the overplus (if any) on demand ; and if sufficient distress cannot be 
 found of the goods and chattels of the said C. D., that then you certify 
 the same to me, together with this warrant, to the end that such further 
 proceedings may be had therein as to the law doth appertain. Given 
 under my hand and seal, the day of , in the year of our Lord 
 
 (Signed) E. F. 
 
 FF 2
 
 436 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 4. Application and Complaint by Owner where Occupier prevents Execu- 
 2nd eel. p. 394. tion of Works required. (Id. s. 148.) 
 
 County of i The application and complaint of A. B., of , 
 
 [or borough, &c.] , made to me E. F., Esquire, one of her Majesty's jus- 
 to wit. ./tices of the peace in and for the county [or borough, 
 
 &c.] of , this day of , in the year of our Lord , who 
 
 saith, that he is owner, within the meaning of the Public Health Act, 
 1848, of certain premises, to wit, a house* [as the case may be~\, situate 
 
 in Street [as the case may be], in the parish of , in the said 
 
 county [or borough, &c.] ; that C. D., the occupier of the said premises, 
 doth prevent the said A. B. from obeying and carrying into effect the 
 provisions of the said act in this, to wit, that he the said C. D. doth pre- 
 vent the said A. B. from [here describe the works generally, according to 
 circumstances, for instance, thus : " constructing and laying down, in 
 connection with the said house, a covered drain, so as to communicate 
 
 with a [sewer or drain] of the local board of health of the district of 
 
 [or a sewer, &c.] which the local board of health of the district of 
 
 are entitled to use [as the case may require], such sewer being within one 
 hundred feet of the said house."]* 
 
 5. Summons to the Occupier.'] This may be in the General Form 
 No. 8 (A), ante, p. 26. 
 
 6. Order to permit Execution of Works by Owner. (Sched. (F.) of 11 & 
 12 Viet. c. 63.) 
 
 County of ) Whereas complaint hath been made to me E. F., 
 
 [or borough &c.] > Esquire, one of her Majesty's justices of the peace 
 
 to wit. S in and for the county [or borough, &c.] of , 
 
 by A. B., owner, within the meaning of the Public Health Act, 1848, of 
 certain premises, to wit, a house, &c., [thenfollows verbatim the portion be- 
 tween the asterisks * * in the Form No. 4, supra :] and whereas the 
 said C. D. having been duly summoned to answer the said complaint, and 
 not having shown sufficient cause against the same, and it appearing to 
 me that the said works are necessary for the purpose of enabling the said 
 A. B. to obey and carry into effect the provisions of the said act, I do 
 hereby order that the said C. D. do permit the said A. B. to execute the 
 same in the manner required by the said act. Given under my hand 
 
 and seal, this day of , in the year of our Lord, 184 . 
 
 E. F. (L. s.) 
 
 HIGHWAYS. 
 
 Id. p. 396. 1. Complaint by Surveyor of Person not removing Nuisances, pursuant to 
 
 his Notice under s. 73 of 5 # 6 Will. 4, c. 50. 
 
 County of) The information and complaint of C. D. [one of the] stir- 
 
 >veyors of the highways of the parish of , in the said 
 
 to wit. ) county, made upon oath before me the undersigned, one of her 
 
 Majesty's justices of the peace in and for the said county, this day 
 
 of , in the year , at , in the same county, who saith that 
 
 A. B , of &c., on the day of last, unlawfully and injuriously, 
 
 and contrary to the statute passed in the fifth and sixth years of the reign 
 of his late Majesty King William the Fourth, intituled " An Act to con- 
 solidate and amend the Laws relating to Highways in that part of Great 
 
 Britain called England," at the parish of aforesaid, did lay, or cause 
 
 to be laid, certain timber [or as the case may be~] on a certain part of the
 
 CHAP, ii.] HIGHWAYS. 437 
 
 Queen's highway lying between and , in the same parish, to the Oke's Synop. 
 
 obstruction and annoyance of the said highway, and the said timber [or 2nd ed. p. 396. 
 as the case, may be~\ did allow to remain thereon as aforesaid for a long time 
 
 afterwards, to wit, for days thereafter, although before the making 
 
 of this information, to wit, on the day of last the said infor- 
 mant C. D., as such surveyor of the said parish, duly appointed under 
 and by virtue of the statute aforesaid, did give to the said A. B. notice 
 as is required by the said statute to remove the said [timber]. 
 
 2. Summons thereon.'] This may be in the General Form, No. 8 (A), 
 ante, p. 26. 
 
 3. Justices Order to survey or to remove the Nuisance. (Id. s. 73.) 
 
 To C. D. [one of the] surveyor of the highways of the parish of 
 
 , in the county aforesaid. 
 
 County ofS Whereas information and complaint were on the 
 
 I day of last made upon oath before me the undersigned, 
 
 to wit. J one of her Majesty's justices of the peace in and for the said 
 county, by you the saidC. D. as such surveyor, that A. B. of &c. [recite 
 complaint, No. 1, supra, to the end,] : and whereas the said A. B. having 
 been duly summoned to appear before me or some other of her Majesty's 
 justices of the peace for the said county in petty sessions assembled for 
 
 the division of in the same county (within which the said parish of 
 
 is situated) this day appeared before me the said justice at , in 
 
 the said division, to answer to the said information and complaint, but 
 hath not shown unto us any good cause why the said [timber] should not 
 be removed and disposed of according to the statute aforesaid ; and the 
 several allegations in the said information and complaint having been 
 now duly proved to me the said justice on oath, and that the said A. B. 
 doth continue to lay the said [timber] in and upon the said part of the 
 Queen's highway as aforesaid ; and the said C. D., as such surveyor, hav- 
 ing now requested me the said justice to grant to him an order in writing 
 to clear the said highway by removing the said [timber], and to dispose 
 of and apply the proceeds as by the said statute is directed : These are 
 therefore, in her Majesty's name, to authorize and require you the said 
 C. D., as such surveyor as aforesaid, forthwith to clear the said part of 
 the said highway by removing the said [timber], and to sell and dispose 
 of the same, and to apply the proceeds arising therefrom towards the 
 
 repair of the highways within the aforesaid parish of . Given under 
 
 my hand and seal, this day of , in the year of our Lord , 
 
 at , in the county aforesaid. 
 
 J. S. (L. s.) 
 
 4. Notice to remove Snow, Sfc. (Id. s. 26.) No. 8 in Sched. to Act] 
 
 I, A. B., justice of the peace in and for the county of , do hereby 
 
 give you, the surveyor [or surveyors] of the parish of , notice that 
 
 the highway leading from to [describing its situation] u 
 
 obstructed or impeded from the accumulation of snow [or from the falling 
 down of the banks on the side of the said highway, &c. as the case may 
 
 be], and require you to cause the same to be removed. Dated this 
 
 day of . 
 
 A. B. of&c. 
 
 To C. D. and E. F. &c. 
 
 Surveyors of the parish of .
 
 438 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 5. Order of Two Justices for Widening a Highway. (Id. s. 82.) 
 
 2nd ed. p. 397. No . J 6 in Sc hed. to Act 
 
 > We , two of her Majesty's justices of the peace for the 
 
 to wit. \ said county, acting within the [hundred, &c.] of , within 
 
 the said county, having upon view found that a certain part of the high- 
 way between and , in the [parish, &c.] of , in the said 
 
 [hundred] for the length of yards, or thereabouts, and particularly 
 
 described in the plan hereunto annexed, is for the greater part thereof 
 narrow, but may be conveniently enlarged and widened by adding thereto 
 
 from the lands and grounds of , and , of the length of 
 
 yards, or thereabouts, and of the breadth of feet, or thereabouts, 
 
 particularly described in the plan hereunto annexed, which we think will 
 widen and enlarge the same, and be much more commodious to the 
 public, do hereby order that the said highway be widened and enlarged 
 accordingly, and that the surveyor [or surveyors] of the [parish, &c.] of 
 
 , where the said old highway lies, do forthwith proceed to treat and 
 
 make agreement with the said and for recompence to be 
 
 made for the said ground, and for the making such ditches and fences as 
 shall be necessary, in such manner, with such approbation, and by pur- 
 suing such measures and directions in all respects as are warranted and 
 prescribed by the statute made in the fifth and sixth years of the reign of 
 King William the Fourth, intituled " An Act," &c. [title in Form No. 1, 
 ante, p. 436] ; and in case such agreement shall be made as aforesaid, we 
 
 do order an equal assessment, not exceeding the rate of in the 
 
 pound, to be made, levied, and collected upon all and every the par- 
 ties liable to the payment of the highway rate in the said [parish, &c.] 
 
 of , and that the money arising thereupon be paid and applied in 
 
 making such recompense and satisfaction as aforesaid, pursuant to the 
 directions of the said act. 
 
 A. B. 
 
 C. D. 
 
 6. Certificate from the said Justices to the Court of Quarter Sessions (a). 
 (Id. s. 82.) No. 17 in Schedule to Act. 
 
 To the Justices of the peace at their general quarter sessions, to be 
 
 held at in the said county, the day of , one 
 
 thousand eight hundred and . 
 
 We, the within named A. B. and C. D., do hereby certify to the said 
 court of quarter sessions, that we made and signed the within order, and 
 that with our approbation and by our direction the said surveyor [or 
 
 surveyors] has [or have] treated with the said and for the said 
 
 lands required for the purposes aforesaid, but was not able to make any 
 agreement for that purpnse with them or either of them, and that he ten- 
 dered to the said the sum of , and to the said the sum of 
 
 , as a recompence for the said ground, and for the making the said 
 
 ditches and fences, which he [or they and each of them] refused to 
 receive. A. B. 
 
 C. D. 
 
 7. Notice of Diverting, $c. Highway. (Id. s. 85.) No. 19 in Sched. to 
 Act.] Notice is hereby given, that on the day of next, appli- 
 cation will be made to her Majesty'y justices of the peace, assembled at 
 
 (a) This is to be written upon the above order, when no agreement can be 
 made.
 
 CHAP, ii.] HIGHWAYS. 439 
 
 quarter sessions in and for the county of at , for an order for [j/* Oke's Synop. 
 
 the order be for turning, diverting and stopping up, 6fC. here to state it, and 2nd cd. p. 397. 
 describe the road ordered to be turned, diverted and stopped up; if the order 
 be for stopping up a useless road, here to state it, and describe the road 
 ordered to be stopped up] ; and that the certificate of two justices, having 
 viewed the same, &c. with the plan of the old and proposed new highway, 
 
 will be lodged with the clerk of the peace for the said county, on the 
 
 day of next. 
 
 A. B. } Surveyor [or surveyors] 
 C. D., &c. J of the parish of . 
 
 8. Consent from the Owner of the Land through which a new Highway 
 is proposed to be made. (Id. s. 85.) No. 18 in Sched. to Act] I, 
 A. B., of , in the county of , being the owner of the lands de- 
 scribed on the plan hereunto annexed, through which part of a certain 
 
 highway lying between and is intended to be diverted and 
 
 turned, in consideration of the sum of , to be paid to me for the said 
 
 land and soil thereof, do hereby consent to the making and continuing 
 such new highway through my said lands. 
 
 Given under my hand, this day of , one thousand eight hun- 
 dred and . 
 
 9. Outline of Proofs of posting, Sfc. Notices with Verification of Plan. 
 (Vide s. 85.) 
 
 County of ) The depositions of E. F. of &c., engineer and sur- 
 
 to wit. \ veyor, and of F. G. of &c., taken and made upon oath 
 before us, J. S. and J. L., Esquires, two of her Majesty's justices 
 
 of the peace of and for the said county of , acting in and 
 
 for the same county, and in and for the petty sessional division 
 
 of , within which the parish of hereinafter mentioned 
 
 is situated, at the in , in the said county and division, 
 
 this day of , in the year of our Lord , upon the 
 
 matter of the diversion of a certain public road in the parish of 
 
 in the said county, called the road, which we the said 
 
 justices viewed on the day of last. 
 
 The said E. F. upon his oath saith: The plan hereunto annexed, 
 
 marked A. and signed by me, describes the present highway called , 
 
 situated in the parish of , part whereof is intended to be stopped up 
 
 and diverted, and the lands through which the proposed new highway in 
 lieu thereof is intended to be made ; I prepared the same plan, and the 
 metes, bounds and admeasurements marked therein are correct. E. F. 
 
 The said F. G. upon his oath saith: I saw C. D. and L M., the 
 
 surveyors of the highways of the parish of , respectively sign the 
 
 annexed notice marked B., and upon which I have subscribed my name. 
 
 On the day of last, I affixed a duplicate of that notice, signed 
 
 by the said surveyors, at the following points marked in the said plan 
 
 A. hereunto annexed, namely, at C., from whence the said road is 
 
 proposed to be diverted; at C. and D., being by the side of each end of 
 the part thereof proposed to be stopped up, and at A. and E., being each 
 end of the new highway proposed to be made in lieu thereof. The same 
 
 notice was inserted in the newspapers of the , , , and 
 
 days of instant, which papers are annexed hereto, and signed 
 
 by me. On Sunday, the , , and day of 
 
 instant, I affixed a like notice on the door of the church of the said 
 parish of . F- G.
 
 440 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. The above depositions of E. F. and F. G. were taken and sworn before 
 2nd ed. p. 397. us, the day and year and at the place first above mentioned. J. S. 
 
 J. L. 
 
 Memorandum to be written on the Plan and other Documents produced 
 before the Justices, and signed by them. 
 
 County of 1 This is the plan [or notice, or newspaper] marked 
 
 /[delivered to us and verified and, on the plan only] referred 
 to wit. 'to in the annexed deposition [or depositions] of E. F. [and 
 F. G.], taken and sworn before us, this day of , 1 85 . 
 
 J . o. 
 
 J. L. 
 
 10. Certificate by Justices of View, $c. (). (Id. ss. 84, 85.) From 
 
 Shelford, pp. 228, 229. 
 County of 1 Whereas we J. S. and .f. L., Esquires, two of her Majesty's 
 
 /justices of the peace in and for the county of , acting 
 
 to wit. J within the hundred of , within the said county, having 
 
 on the day of now last past, on the application and at the 
 
 request of the surveyors of the highways of the parish of in the 
 
 said county, and in the hundred aforesaid, viewed a certain highway, 
 situate in the said parish, extending [Acre describe the road] ; and [names] 
 
 of aforesaid, the owners of the said lands and grounds through 
 
 which such new highway was proposed to be diverted and turned as afore- 
 said, having, by writing under their respective hands, consented thereto, 
 we the said justices did [by writing under our hands, bearing date the 
 
 day of last] direct the said surveyors of the highways of the 
 
 said parish of , to affix a notice in proper form, in legible characters, 
 
 at the place and by the side of each end of the said highway, from whence 
 the same was proposed to be diverted and turned as aforesaid, and also 
 to insert the same notice in one newspaper, published or generally circu- 
 lated in the said county of , for four successive weeks next after we 
 
 the said J. S. and J. L. had viewed the said highway, and to affix a like 
 notice on the door of the church of the said parish on four successive 
 Sundays next after the making such view : And whereas proof of the 
 proper affixing and publication of the said several notices hath been given 
 to the satisfaction of us the said justices ; and whereas a plan hath been 
 delivered to us particularly describing the old and proposed new highway 
 by metes, bounds and admeasurement thereof, which plan hath also been 
 verified before us by a competent surveyor, and is hereunto annexed : 
 Now, therefore, we the said J. S. and J. L., as such justices as aforesaid, 
 do hereby certify that we have viewed the said highway, and that the said 
 
 highway, extending from the eastern end of bridge aforesaid, in the 
 
 said parish of , to the hedge of the said wood called wood, 
 
 situated in the said parish of , may be diverted and turned (that is to 
 
 say) by raising the existing highway and pursuing its present line or 
 course, &c. [here describe the road] : And we do hereby certify that the 
 said proposed new highway will be more commodious to the public by 
 reason that the said old highway is in some parts thereof narrow and 
 unfit for travelling with horses, carts and carriages, and at times travelling 
 of whatever description thereon is rendered impracticable by reason of the 
 flux of the tides, [or any other reason, as the case may be], whilst the said 
 proposed new highway will at all times be open and ready for the recep- 
 
 (a) This must be ingrossed on parchment.
 
 CHAP, ii.j HIGHWAYS. 441 
 
 tion of travellers, and travelling thereon will not be obviated by tides or Oke's Synop. 
 otherwise : And further, that one of the said diversions will join a certain 2nd ed. p. 397. 
 
 proposed new highway at aforesaid, which is intended to extend to 
 
 the highway leading from aforesaid to the said parish of , in 
 
 the said county, whereby the access thereto will be greatly facilitated. 
 
 Given under our hands, this day of , in the year of our Lord 
 
 one thousand eight hundred and . J. S. 
 
 J. L. 
 
 11. Certificate of two Justices that a new Road is completed and in good 
 Repair. (Id. s. 91.) Shelford, p. 240. 
 
 ) We, two of her Majesty's justices of the peace for the county 
 
 to wit. J of , acting in and for the said county, do hereby certify 
 
 that we have this day viewed and surveyed a certain part of a new high- 
 way leading [here describe the roud~\ [indicted] at the last general quarter 
 sessions of the peace for the said county, [ordered to be set out and ap- 
 propriated as a public highway], and that the said part of the said high- 
 way so [indicted] set out and appropriated as aforesaid, is now [completed 
 and put into] in good condition and repair, and likely so to continue. 
 
 Given under our hands and seals, this day of . 
 
 J. S. (L.S.) 
 J. L. (L.S.) 
 
 12. Allowance of Highway Rate. (Id. s. 27.) 
 
 County of^v We, two of her Majesty's justices of the peace in and for 
 
 > the county of , do consent and allow of the foregoing 
 
 to wit. J assessment. Witness our hands this day of , 1850. 
 
 J. S. 
 J. L. 
 
 13. Recovery of Rates. Vide tit " Rates," post. 
 
 14. Complaint of Surveyor against Collector of Rates, for not paying to 
 
 Surveyor Monies remaining due from him (a~). (Id. s. 38.) 
 County of } The complaint of C. D., of the parish of , in the said 
 
 Scounty, one of the surveyors of the highways of the said 
 
 to wit. J parish, made to me the undersigned, one of her Majesty's 
 
 justices of the peace in and for the said county, this day of , in 
 
 the year of our Lord , who saith, that A. B., of the said parish of 
 
 , was heretofore duly appointed collector of the highway rates of the 
 
 said parish of [for the year then next ensuing] by and under the 
 
 statute in that behalf, and is now such collector ; that on the day of 
 
 last the said A. B., as such collector, delivered to the said C. D. an 
 
 account ot certain monies which he had received by virtue of his said ap- 
 pointment, and there then remained due upon such account from the said 
 
 A. B. to the said C. D., as such surveyor as aforesaid, the sum of ; 
 
 that the said C. D., on the day of last, by a notice in writing 
 
 under his hand given to [or left at the usual place of abode of] the said 
 A. B., required "the said A. B. forthwith to pay to him the said C. D. the 
 
 said sum of , so remaining due from the said A. B. as such collector as 
 
 aforesaid ; and that although more than three days hath elapsed since the 
 service of the said notice as aforesaid, yet the said A. B. hath neglected 
 
 (a) For not rendering an account, vide Form No. 5, tit. " Highwayt," ante, 
 p. 124 ; for surveyor not accounting, Form No. 2, ante, p 123.
 
 442 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. [or refused] to make payment thereof as aforesaid, and the same is still 
 2nd ed. p. 397. due. 
 
 15. Summons to Collector. (Id. s. 38.)] This maybe in the General 
 Form, No. 8 (A), ante, p. 26, "to show cause why the said sum should 
 not be recovered from you, according to the statute in that behalf made." 
 
 16. Warrant of Distress. (Id.) 
 
 To the constable of , and to all other peace officers in the said 
 
 county of . 
 
 Whereas on last past a complaint was made before J. S., Esquire, 
 
 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, one of the 
 
 surveyors of the highways of the said parish, that A. B. [//ere recite 
 complaint, Form No. 14, supra, in past tense, to the end] : and now at 
 
 this day, to wit, on the day of , in the year of our Lord , 
 
 at the in , in the said county of , the parties aforesaid ap- 
 pear before us, J. L. and J. P., Esquires, two of her Majesty's justices of 
 the peace in and for the said county, 
 
 [or, if collector do not attend, the said C. D. appears before us, &c., 
 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 issued by the justices first 
 named, which required him to be and appear here at this day 
 before such justices of the peace for the said county as should 
 now be here, to answer the said complaint, and to show cause 
 why the said sum should not be recovered from him, according 
 to the statute in that behalf made, and to be further dealt with 
 according to law ;"] 
 
 and now having heard the matter of the said complaint, and it appearing 
 upon the confession of the said collector, A. B. [or it being duly proved 
 on oath before us, that the said complaint before recited is true, and] that 
 
 the said sum of remains due from the said A. B. ; and the said A. B. 
 
 not showing to us any sufficient cause why the said sum should not be 
 recovered from him according to the said statute, we have determined and 
 
 do hereby determine that the said sum of shall be levied by distress 
 
 and sale of the goods and chattels of the said A. B., and in default of suf- 
 ficient distress in that behalf the said A. B. shall be imprisoned in the 
 
 at , in the said county, and there kept to hard labour for the 
 
 period of , or until he shall sooner have paid the said sum of , 
 
 or compounded with the said C. D., the said surveyor, for such sum : 
 These are therefore, &c. [.follow to end of Form No. 66, ante, p. 57.] 
 
 17. Commitment in Default of Distress. 
 
 To the constable of the parish of , and to the keeper of the [house 
 
 of correction] at , in the said county of . 
 
 Whereas on the day of last a complaint was made before 
 
 &c. [reciting it as in the Distress Warrant No. 16, supra, then recite the 
 hearing, the adjudication of distress, 4"C.] : And whereas we the said jus- 
 tices issued a warrant to the constable of the said parish of , com- 
 manding him to levy the said sum of by distress and sale of the 
 
 goods and chattels of the said A. B. : And whereas it appears to us, 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 A. B., but that no sufficient distress whereon to 
 levy the said sum could be found: These are therefore to command
 
 CHAP, ii.] HIGHWAYS INCLOSURES. 443 
 
 you, the said constable of , to take the said A. B., and him safely to Oke's Synop. 
 
 convey to the [house of correction] at aforesaid, and there deliver 2nd ed. p. 397. 
 
 him to the said keeper, together with this precept ; and we 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 period of , or 
 
 until he shall sooner have paid the said sum of as aforesaid, or com- 
 pounded with the said C. D., the said surveyor, for the same; and for 
 your so doing this shall be your sufficient warrant. Given under our 
 
 hands and seals, this day of , in the year of our Lord , at 
 
 , in the said county aforesaid. J. L. (L. s.) 
 
 J.P. (L.S.) 
 
 18. Certificate of Justices of Highway, made by Individuals, fyc., having 
 been made in a substantial Manner, $c. (Id. s. 23.) No. 7 in Sched to 
 
 act.] We, two of the justices of the peace in and for the county of , 
 
 having viewed a certain highway lately made by A. B. in the parish of 
 
 , in the said county, situate, &c. [describing its situation and extent], 
 
 do hereby certify that the same has been made in a substantial manner, 
 and of the width required by a certain act made and passed in the fifth 
 and sixth years of the reign of King William the Fourth, intituled " An 
 Act," &c. [here set out title of act as in Form No. 1, ante, p. 436.] 
 
 Dated this day of . C. D. 
 
 E. F. 
 
 INCLOSURES. 
 
 1. Declaration to be made by a Valuer before acting. (Given in 8 & 9 Id. p. 397. 
 
 Viet. c. 118, s. 38.)] I, , do solemnly declare that I will faithfully, 
 
 impartially and honestly, according to the best of my skill and judgment, 
 perform all the duties of a valuer in the inclosure of , according to 
 
 the provisions of an act passed in the year of the reign of her Ma- 
 jesty Queen Victoria, intituled (a). 
 
 The Jurat may be as in the solemn declaration, tit. " Oaths," post. 
 
 2. Justices' Certificate of Formation and Completion of Roads under 
 Local Inclasure Act or General Act. (Id. s. 67, and 41 Geo. 3, c. 109, 
 s. 9.)] Whereas the commissioners appointed by virtue of an act of par- 
 liament passed in a session of parliament held in the [first and second] 
 years of the reign of her present Majesty, intituled " An Act," &c. [title 
 of local act], did in pursuance of the powers and directions of the said act 
 set out and appoint, 
 
 [or whereas C. D., the valuer duly appointed and acting in the matter 
 
 of the inclosure of , in the division of , in the said 
 
 county of , hath, in pursuance of the instructions duly given 
 
 to him in that behalf, and of the statute passed in the ninth year 
 of the reign of her present Majesty, intituled " An Act," &c. (a), 
 set out and made,] 
 the several public carriage roads, through and over the lands and grounds 
 
 directed to be divided, allotted and inclosed in the said parish of , by 
 
 [or in pursuance of] the said act, hereinafter described, that is to say, 
 
 (a) The title of the 8 & 9 Viet. c. 118, is : An Act to facilitate the In- 
 closure and Improvement of Commons and Lands held in Common, the Ex- 
 change of Lands, and the Division of intermixed Lands, to provide Remedies for 
 defective or incomplete Executions, and for the Non-execution of the Powers of 
 General and Local Inclosure Acts.and to provide for the Revival of such Powers 
 in certain Cases."
 
 444 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. [ one public carriage road, &c. [set it out] as in award, 
 
 2nd edit. p. 39*7. one other public carriage road, &c.] : 
 
 Now we whose names are hereunto subscribed, being two of her Majesty's 
 
 justices of the peace acting in and for the said county of , in which 
 
 the lands so to be inclosed is situate, having viewed the said several 
 public carriage roads set out and made as aforesaid, do hereby certify 
 that the same have been and are severally and respectively fully and 
 sufficiently formed and completed. 
 
 Given under our hands and seals, this day of , in the year of 
 
 our Lord , at , in the county of aforesaid. 
 
 [Signatures and seals of two or more justices.'] 
 
 LANDLORD AND TENANT. 
 
 M. p. 397, 1. Notice of Owner's intent ion to apply to Justices to recover Possession. 
 
 398. (In act 1 & 2 Viet. c. 74.)] I, , [owner, or agent to , the 
 
 owner, as the case may be], do hereby give you notice, that unless 
 peaceable possession of the tenement [shortly describing it], situate 
 
 at , which was held of me [or of the said as the case may 
 
 be], under a tenancy from year to year [or as the case may be], which 
 
 expired [or was determined by notice to quit from the said , 
 
 or otherwise, as the case may be], on the day of , and which 
 
 tenement is now held over and detained from the said , be given to 
 
 [the owner or agent] on or before the expiration of seven clear days 
 
 from the service of this notice, I, , shall, on next, the day 
 
 of , at of the clock of the same day, at , apply to her Ma- 
 jesty's justices of the peace acting for the district of (being the dis- 
 trict, division or place in which the said tenement or some part thereof is 
 situate) in petty sessions assembled, to issue their warrant directing the 
 constables of the said district to enter and take possession of the said tene- 
 ment, and to eject any person therefrom. 
 
 Dated this day of . 
 
 (Signed) [owner, or agent.] 
 
 To Mr. . 
 
 2. Complaint before two Justices after Notice and at Hearing. (Id.)] 
 The complaint of A. B. owner [or agent, as the case may be], made 
 before us, two of her Majesty's justices of the peace, acting for the district 
 
 of in petty sessions assembled, who saith that the said A. B. did let 
 
 to a tenement, situated in the said district, consisting of , for 
 
 , under the rent of , and that the said tenancy expired [or was 
 
 determined by notice to quit given by , as the case may be], on the 
 
 day of , and that on the day of the said A.B did 
 
 serve on [the tenant overholding] a notice in writing of his intention 
 
 to apply to recover possession of the said tenement (a duplicate of which 
 notice is hereto annexed) by giving, &c. [describing the mode in which the 
 service was effected], and that notwithstanding the said notice, the said 
 refused [or neglected] to deliver up possession of the said tene- 
 ment, and still detains the same. 
 
 (Signed) . 
 
 Taken the day of , before us . 
 
 3. Warrant to Peace Officers to take and give Possession. 
 
 > Whereas complaint hath this day been made before us J. S. 
 
 to wit. J and J. L., Esquires, two of her Majesty's justices of the peace
 
 CHAP, ii.] LANDLORD AND TENANT. 445 
 
 acting for the district of , in petty sessions assembled, by A. B. Oke's Synop. 
 
 owner [or agent to the owner], who saith that [set forth the com- 2nd ed. 
 
 plaint to the end], we, two of her Majesty's justices of the peace, in petty pp. 397, 398, 
 sessions assembled, acting for the of , do authorize and com- 
 mand you, on any day within [not less than twenty-one nor more than 
 thirty clear days from the date of this warrant'] days from the date 
 hereof (except on Sunday, Christmas Day and Good Friday), between 
 the hours of nine in the forenoon and four in the afternoon, to enter (by 
 force if needful), and with or without the aid of the owner [or agent, as 
 the case may be], or any other person or persons whom you may think re- 
 quisite to call to your assistance, into and upon the said tenement, and to 
 eject thereout any person, and of the said tenement full and peaceable 
 
 possession to deliver to the said [the owner, or agent]. 
 
 Given under our hands and seals this day of . 
 
 To A. B., and all other constables and peace 
 
 officers acting for the district of 
 
 , within which the said tenement 
 
 is situate. 
 
 4. Information or Request of Landlord for Possession where Tenant 
 deserted Premises leaving Rent due. (11 Geo. 2, c. 19, s. 16; 57 
 Geo. 3, c. 52 (a).) 
 
 ) The information and complaint of C. D., of the parish of 
 
 to wit. j , in the county of , taken this day of , one 
 
 thousand eight hundred and , who saith, that the said C. D. did 
 
 demise at rack rent the messuage, lands or tenement now or late called 
 
 , situate in the said parish of , in the county of , aforesaid, 
 
 and that A.B., of the said parish of , farmer, is the tenant holding 
 
 the same at such rack rent ; and that on the day of last past 
 
 there was in arrear and due unto him the said C. D. from him the said 
 A. B., tenant of the said demised premises, one whole year's rent thereof, 
 and that he the said A . B. hath deserted the said demised premises, and 
 left the same unoccupied, so that no sufficient distress can be had to 
 countervail the said arrears of rent ; whereupon he the said C. D. doth 
 request us the undersigned E. F. and G. H., Esquires, two of her Ma- 
 jesty's justices of the peace for the said county, to go and view the said 
 premises, and affix on the most notorious part thereof notice in writing 
 on what day we would return to take a second view, in order that a due 
 remedy may be provided in the premises, according to the statute in that 
 case made and provided. 
 
 C.D. 
 Taken before us the day and year first above written. 
 
 E. F. 
 
 G.H. 
 
 5. Notice to be affixed on Deserted Premises. 
 
 To A. B. [the tenant']. 
 
 Take notice, that upon the complaint of C. D. of &c. made unto us 
 the undersigned, two of her Majesty's justices of the peace for the county 
 
 of , that you the said A. B. have deserted the messuage, lands or 
 
 tenement, now or late called , situate in the said parish of , in 
 
 the said county of , unto you demised at rack rent by the said 
 
 C. D., and that there is in arrear and due from you unto the said 
 C. D. 'one whole year's rent for the said demised premises, and that 
 
 (a) This and the Forms No. 5 and 6, infra, are from J. Stone's Petty Ses- 
 sions by Westoby,5th ed. p. 395 397.
 
 446 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. you have deserted and left the same premises unoccupied, so that no 
 
 2nd ed. sufficient distress can be had to countervail the said arrears of rent: We 
 
 pp. 397, 398. the said justices (having no interest in the said demised premises), at the 
 
 request of the said C. D., have this day come upon and viewed the said 
 
 demised premises, and do find the said complaint to be true ; and on the 
 
 day of this present month of we will return to take a second 
 
 view thereof, and if upon such second view you, or some person on your 
 behalf, shall not appear and pay the said rent in arrear, or there shall 
 not be sufficient distress on the said premises, we the said justices shall 
 put the said C. D. into the possession of the said demised premises, pur- 
 suant to the statute in that case made and provided. 
 
 Witness our hands, this day of ,in the year of our Lord . 
 
 [Justices' signatures.] 
 
 6. Record of Possession. 
 
 ) Be it remembered, that on the day of , in the year 
 
 to wit. \ of our Lord , C. D. of, &c. complained unto us, the under- 
 signed, two of her Majesty's justices of the peace for the county of 
 
 , for that [here recite the complaint No. 4, supra] : Whereupon we, 
 
 the said justices, at the request of the said C. D. (and not having any 
 interest in the said premises), on the day of last, did person- 
 ally go upon and view the said demised premises, and then and there did 
 find the said complaint to be true, and did there and then affix on the 
 most notorious part of the said demised premises, to wit, [upon the. front 
 door of the. messuage thereto belonging] a notice in writing under our 
 hands, directed to the said A. B., that we the said justices, on this present 
 
 day of , would return and take a second view thereof: And 
 
 having so returned and taken a second view of the said premises, accord- 
 ing to the said notice, and he the said A. B. not appearing, nor any 
 person on his behalf, to pay the said rent in arrear, and there being no 
 sufficient distress upon the said premises to countervail such arrear of 
 rent : We the said justices do hereby certify and declare that we have 
 this day put the said C. D. into the lawful possession of the said demised 
 premises, pursuant to the statute in that case made and provided. 
 
 Given under our hands and seals, this day of , in the year 
 
 of our Lord . 
 
 [Justices' signatures and seals.] 
 
 7. Complaint on Oath to ground Warrant to aid in Search for Goods. 
 (11 Geo. 2, c. 19, s. 7.)] Proceed in the General Form No. 1, ante, p. 
 23, and then : that certain goods and chattels of A. B., of, &c., have 
 been within thirty days last past fraudulently and clandestinely conveyed 
 
 and carried away from , situate and being in the parish of , in 
 
 the county of , by the said A. B., his servant or servants, agent or 
 
 agents, or other person or persons aiding or assisting therein to prevent 
 the said C. D. from distraining the said goods and chattels for arrears of 
 
 rent due from the said A. B. to the said C. D. for the said : And 
 
 that the said goods and chattels are put, placed and kept in the house, 
 barn, stable, outhouse, yard, close or other place of E. F., situate and 
 
 being in in the parish of , within the said county of , 
 
 locked, fastened, or otherwise secured, so as to prevent the said goods 
 and chattels from being taken and seized as a distress for arrears of rent; 
 and that the said C. D. hath a reasonable ground to suspect and doth 
 suspect that the said goods and chattels are in the said house, barn, 
 stable, outhouse, yard, close or other place of the said E. F.
 
 CHAP, ii.] LANDLORD AND TENANT. 447 
 
 8. Warrant thereon to aid and assist. 
 
 To all constables and other her Majesty's officers of the peace whom PP- 397, 398. 
 these may concern. 
 
 ) Wherereas C. D. of, &c., hath this day of ex- 
 
 to wit. \ hibited his complaint and made oath before me, the under- 
 signed, one of her Majesty's justices of the peace for the said county of 
 
 , that certain goods. &c. [recite complaint] : These are therefore to 
 
 command you, and each and every of you, to aid and assist the said 
 C. D., his steward, bailiff, receiver or other person or persons empowered 
 to take and seize as a distress for rent the said goods and chattels, in the 
 day time to break open and enter into the said house, barn, stable, out- 
 house, yard, close or other place of the said E. F., at aforesaid, and 
 
 to take and seize the said goods and chattels for the said arrears of rent, 
 
 according to law. Given under my hand and seal, this day of 
 
 , in the year of our Lord , at , in the county aforesaid. 
 
 J. S. (L.S.) 
 
 LIGHTING AND WATCHING ACT. 
 
 1. Justices' Certificate of Constable appointed by the Inspectors having 
 taken the Oath of Office. (3 & 4 Will. 4, c. 90, s. 42.) 
 
 County of 1 I hereby certify that I. N. hath this day been duly sworn 
 
 Jin as a constable of the parish of , in the said county, 
 
 to wit. 3 before me, the undersigned, one of her Majesty's justices of 
 
 the peace for the said county of , in the same county, in pursuance 
 
 of an act passed in a session of parliament held in the third and fourth 
 years of the reign of his late Majesty King William the Fourth, intituled, 
 " An Act to repeal an Act of the Eleventh Year of his late Majesty 
 King George the Fourth, for the Lighting and Watching of Parishes in 
 England and Wales and to make other Provisions in lieu thereof," the 
 
 said parish of [or district of the said parish of ], having adopted 
 
 the said first-mentioned act, so far as relates to watching, and the said 
 J. N. having been appointed a watchman [or patrol, or serjeant of the 
 watch] of the said parish, by the persons duly elected as inspectors under 
 the provisions and for the purposes of the said act 
 
 Dated this day of , 185. J. S. 
 
 N.B. The oath would be the same as for parochial constables, Form 
 No. 8, ante, p. 357. 
 
 2. Allowance of Inspector's Annual Accounts. (Id. a. 19.) 
 
 County of 1 The foregoing accounts were verified on the oaths of 
 
 } and , two of the inspectors of the parish of 
 
 to wit. 3 in the said county, before us, the undersigned, two of her 
 
 Majesty's justices of the peace for the said county, at in the same 
 
 county, this day of , in the year of our Lord . 
 
 J . o. 
 J. L. 
 
 3. Recovery of Rates for Lighting or Watching. (Id. s. 33.) These 
 will be recovered in the same manner and by the same forms as^other 
 parochial rates. Vide Forms under 12 Vicl. c. 14, in tit. " Rates," post, 
 which will nuuire this variation, instead of " to the relief of the poor, 
 &c." say, " under the provisions of the statute commonly known as the
 
 448 Other Proceedings out of Sessions. [PART in. 
 
 Lighting and Watching Act, adopted by the said parish [or a part or 
 
 district of the said parish wherein the said resides, or is liable to be 
 
 rated], so far as respects lighting [or watching, as the case may be], 
 
 4. Complaint of Treasurer or Inspector against Overseers for not paying 
 Amount 0} Inspector's Order. (Id. ss. 38, 32.)] Proceed to the first 
 asterisk* in Form No. 1, ante, pp. 23 24, and then: that the said 
 
 [or a part or district of the said] parish of have duly adopted the 
 
 provisions of the act passed, &c. [title, fyc. of act in Form No. 1, supra], 
 so far as respects lighting [or watching]: That the said complainant, C.D., 
 is the treasurer of the said inspectors [or one of the inspectors] duly 
 appointed [or elected] under the said act, and now acting as such in the 
 
 said parish of : That the said inspectors [or I. K., or K. L., two of 
 
 the said inspectors] duly made and issued an order in writing under their 
 
 hands, pursuant to the statute aforesaid, bearing date the day of 
 
 last, and directed to the overseers of the poor of the said parish of , 
 
 whereby the said overseers were required to collect and levy, pursuant 
 
 to the said act, the sum of , being the amount they were authorized 
 
 to call for in the year commencing on and ending on , for the 
 
 purposes of carrying into effect the provisions of the said act [or such of 
 the provisions of the said act as relates to lighting or watching], and to 
 pay the same to C. D., the [said] treasurer of the said inspectors, within 
 three calendar months from the delivery of the said order to one of the 
 said overseers: That the said order was duly served upon A. B., E. F., 
 and G. H., then and still being the overseers of the poor of the said parish : 
 And that the said overseers have neglected to pay the said sum to the 
 said C. D., and the same is now in arrear. 
 
 5. Summons thereon.] This may be in the General Form No. 8 (A), 
 ante, p. 26, reciting complaint No. 4, supra. 
 
 6. Distress Warrant upon Goods of Overseers. 
 
 To the constables of the parish of , in the county of , and 
 
 to all other peace officers in the said county. 
 County of ^ Whereas [4~c., recite complaint No. 4, supra, to the end, 
 
 > then :] and now at this day, to wit, on the day of , 
 
 to wit. j in the year of our Lord , at the , in , in the 
 
 said county of , the parties aforesaid, before us, J. L. and J. P , 
 
 Esquires, two of her Majesty's justices of the peace in and for the same 
 county : 
 
 [or if overseers do not attend, say : the said C. D., the said treasurer 
 [or inspector], appears before us &c., but the said A. B., E. F., 
 and G. H., although duly called, do not, nor doth either of 
 them, appear by themselves or himself, then or his counsel or 
 attorney, and it is now satisfactorily proved to us on oath that 
 the said A. B., E. F., and G. H. have been severally duly 
 served with the summons in this behalf issued by the justices 
 first named, which required each of them to be and appear here 
 at this day before such justices of the peace for the said county 
 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 appearing 
 to us upon due proof in this behalf that the said complaint before recited 
 is true, and that the said sum of money has not been paid, and the said 
 A. B., E. F., and G. H. not showing to us any sufficient cause why the
 
 CHAP, ii.] LOAN SOCIETIES LUNATICS. 449 
 
 same should not be levied upon their, or either of their, goods and chattels, 
 according to the statute aforesaid : These are therefore &c. [follow to end 
 of General Form No. 66, ante, p. 57.] 
 
 7. Complaint against Treasurer and Officers neglecting to account. 
 (Id. s. 26.)] As this clause is similar to that in the Highway Act, 5 & 6 
 Will. 4, c. 50, s. 38, the Forms under this title may be readily framed from 
 those in tit. " Highways :" 
 
 For not rendering Account Books, fyc. Form No. 5, ante, p. 124. 
 
 For not paying over Monies, Forms Nos. 14 to 17, ante, p. 441 443. 
 
 Oke's Synop. 
 2nd ed. 
 
 LOAN SOCIETIES. 
 
 1. Complaint of Amount due on Notes. (3 & 4 Viet. c. 110, s. 16; 
 
 12 & 13 Viet. c. 37.)] Proceed in the General Form No. 1, ante, pp. PP- 39 8, 399 
 23,24, to thejirst asterisk*, then: that he, the said complainant, C. D., 
 is the treasurer [or duly appointed to make this complaint by the trea- 
 surer] of a certain loan society called , held at , in the said 
 
 county of , inrolled under and by virtue of a certain act of parlia- 
 ment, intituled " An Act to amend the Laws relating to Loan Societies," 
 
 and now in force : That A. B. of &c. on the day of last, in the 
 
 parish of aforesaid, did fail to make full payment in money to the 
 
 said C. D. as such treasurer, of the sum of , being part of the sum 
 
 of lent and advanced to , and secured by note bearing date the 
 
 day of , entered into by the said A. B. and to the said 
 
 treasurer of the said society, demand in writing having been duly made on 
 
 the said A. B. for the said sum of , previous to the said day of 
 
 , by [or on behalf of] the said C. D. as such treasurer of the said 
 
 society, contrary to the said statute. 
 
 2. The succeeding Forms will be as the general ones in Chap. I. of 
 Part I., viz. Summons, No. 8 (A), ante, p. 26; Order, No. 44 (K. 1), 
 ante, p. 42 ; Distress Warrant, No. 66 (N. 2), ante, p. 57; and Commit- 
 ment in Default, No. 71, ante, p. 59. 
 
 LUNATICS Oke's Synop. 
 
 1. Order for the Reception of a Pauper Patient. (Given in Schedule 
 (D) to 8 & 9 Viet. c. 100.) With Statements, and Medical Certificate to PP' 
 accompany it. (S. 48.)] We, the undersigned, having called to our 
 assistance a physician [or surgeon, or apothecary, as the case may 6e], not 
 being the medical officer of the parish or union to which the said A. B. 
 belongs, and having personally examined A. B., a pauper, and being 
 satisfied that the said A. B. is a lunatic [or an insane person, or an idiot, 
 or a person of unsound mind], and a proper person to be confined, hereby 
 request (a) you to receive the said A. B. as a patient into your house [or 
 hospital]. 
 
 Subjoined is a statement respecting the said A. B. 
 
 (Signed) C. D. 
 
 A justice of the peace for the city or borough of , [or an 
 
 [or the] officiating clergyman of the parish of .] 
 
 (a) In the Form No. 3, post, given in the 8 & 9 Viet c. 126, the word used 
 is "direct."
 
 >_4ni 
 -401. 
 
 450 Otlier Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. (Signed) E. F. 
 
 With (a) the relieving officer of the union or parish of - , 
 j- or w jth( fl ) an overseer of the parish of - .] 
 
 STATEMENT. 
 
 Name of patient, and Christian name at length . 
 Sex and age ............ 
 
 Married, single or widowed ....... 
 
 Condition of life, and previous occupation (if any) . 
 Previous place of abode ......... 
 
 Religious persuasion, so far as known .... 
 
 Length of time insane ......... 
 
 Whether first attack .......... 
 
 Age (if known) on first attack ....... 
 
 Whether subject to epilepsy ....... 
 
 Whether suicidal or dangerous to others .... 
 
 Previous places of confinement (if any) .... 
 
 I certify that to the best of my knowledge the above particulars are 
 correctly stated. 
 
 [To be signed by the relieving officer or overseer signing the order.] 
 
 Dated this - day of - , one thousand eight hundred and forty . 
 
 To , proprietor [or superintendent] of - , [describing the 
 house or hospital by situation and name, if any.] 
 
 MEDICAL CERTIFICATE. 
 
 I, G.H., being a physician [or surgeon or apothecary], "duly authorized 
 to practise as such," (b) hereby certify that I have this day personally exa- 
 mined A. B., the person named in the statement and order, and that the 
 said A. 6. is a lunatic [or an insane person, or an idiot, or a person of an 
 unsound mind], and a proper person to be confined. 
 
 (Signed) G. H. 
 
 [Place of abode~\. 
 Dated this - day of - , one thousand eight hundred and forty . 
 
 2. Justices' Order to bring up a Lunatic. (8 & 9 Viet. c. 126, s. 48.) 
 
 To I. K., relieving officer [or - , one of the overseers of the poor 
 of the parish of - , in the county of - , such parish not being 
 within an union], of the N. union. 
 
 - ^ Whereas notice hath been this day given unto me, I. S., 
 to wit. \ Esquire, one of her Majesty's justices of the peace in and for the 
 county of - , in which the parish of - , hereinafter mentioned, is 
 situate, by I. K., relieving officer of the N. union [or one of the overseers 
 of the poor of the parish of - , in the county of - ], that within 
 three days next before the giving of such notice he had obtained know- 
 ledge that A. B., of - , in the parish of - , in the said union and 
 county of - , and chargeable to the parish of - , in the said union 
 and county of - , was deemed to be lunatic : I the said justice do 
 thereupon, and pursuant to the statute in such case made and provided, 
 hereby order and require you the said relieving officer [or overseer] to 
 
 (a) The word "with" is omitted in the Form No. 3, post, given in the 
 8 & 9 Viet. c. 126. 
 
 (6) In the form of medical certificate given in the Schedule (E 1.) to the 
 8&9 Viet. c. 126, these words "duly authorized, &c.," are expanded, and the 
 meaning given. [Vide Medical Certificate in No. 3, p. 451.]
 
 CHAP, ii.] LUNATICS. 451 
 
 bring the said A. B. before me or some other one of her Majesty's justices Oke's Synop. 
 
 of the peace in and for the said county of , at , in the said 2nd ed. 
 
 county of , on , the day of next, at the hour of pp.399 401. 
 
 twelve at noon, to be further dealt with according to the provisions of the 
 statute aforesaid. 
 
 Given under my hand and seal, the day of , in the year of 
 
 our Lord one thousand eight hundred and , at , in the said 
 
 county of . 
 
 3. Order for the Reception of a Pauper Patient, given in Schedule 
 (E. No. 1) to 8 & 9 Viet. c. 126, with Statement and Medical Certifi- 
 cate (ss. 48, 49.) 
 
 I, C. D. [in the case of a justice of the peace; or in the case of a clergy- 
 wan and relieving officer, fyc. We] the undersigned, having called to my 
 [or our] assistance a physician [or surgeon, or apothecary, as the case 
 may be], and having personally examined A. B., a pauper, and I, C. D. 
 [or we, in the case of a clergyman and relieving officer, #c.] being satis- 
 fied that the said A. B. is a lunatic [or an insane person, or an idiot, 
 or a person of unsound or imbecile mind], and a proper person to be 
 confined, I [or we, as the case may be], hereby direct you to receive the 
 said A. B. as a patient into your asylum, hospital or house. 
 Subjoined is a statement respecting the said A. B. 
 
 (Signed) C.D. 
 
 A justice of the peace (a) for the city or borough of [or an 
 
 or the officiating clergyman of the parish of .] 
 
 (Signed) E. F. 
 
 The relieving officer of the union or parish of [or an 
 
 overseer of the parish of .] 
 
 STATEMENT. 
 Name of patient, and Christian name at length 
 
 Sex and age 
 
 Married, single or widowed _ . . . 
 
 Condition of life, and previous occupation (if any). 
 The religious persuasion, as far as known . . . 
 
 Previous place of abode 
 
 Length of time insane 
 
 Whether first attack . . 
 
 Age (if known) on first attack 
 
 Whether subject to epilepsy 
 
 Whether suicidal or dangerous to others .... 
 Previous places of confinement (if any) .... 
 T certify that to the best of my knowledge the above particulars are 
 correctly stated. 
 
 [To be signed by the relieving officer or overseer.] 
 
 Dated the day of , one thousand eight hundred and . 
 
 To , superintendent of the asylum for the county of [or the 
 
 lunatic hospital of , or proprietor of the licensed house 
 
 of ] [describing the asylum, hospital or house.] 
 
 MEDICAL CERTIFICATE. 
 
 I, , being a fellow [or licentiate] of the royal college of physicians, 
 
 in London [or a graduate in medicine of the university of , fyc., or 
 
 (a) In the case of a lunatic not chargeable (vide s. 49), to be signed by two 
 justices. 
 
 002
 
 452 Other Proceedings out of Sessions. [PART in 
 
 Oke's Synop. a member of the royal college of surgeons in London, or an apothecary 
 2nd ed. (July authorized to practise by the apothecaries' company in London,] 
 pp. 399401. nere by certify that I have this day personally examined A. B., the person 
 named in the accompanying statement and order, and that the said A. B. 
 is a lunatic [or an insane person, or an idiot, or a person of unsound or 
 imbecile mind], and a proper person to be confined. 
 (Signed) [Name.] 
 
 [P/ace of abode.'} 
 Dated this day of , one thousand eight hundred and . 
 
 4. Second Medical Certificate, to be used only in the Case provided for 
 by the 9 & 10 Viet. c. 84, s. 1.] This will be the same as the one supra, 
 adding, after the description, " being, &c." " and a medical officer of the 
 N. union." 
 
 5. Order of Justices adjudging Settlement. (8 & 9 Viet. c. 126, s. 48.) 
 [Adapted from Form in Reg. v. Hatfield Peverel, 18 Law J. 
 Rep. (N. S.) M. C. 225.] (a) 
 
 j Whereas heretofore, to wit, on the day of , by a 
 
 to wit. $ certain order of I. S. Esquire, one of her Majesty's justices of 
 
 the peace in and for the county of [in which the said union is 
 
 situate], [or C. D., an officiating clergyman of the parish of , in the 
 
 union of , and county of , and relieving officer of the said 
 
 union in which the said parish is comprised, or , one of the overseers 
 
 of the poor of the said parish], directed to , superintendent of the 
 
 asylum for the county of [or lunatic hospital of , or proprietor 
 
 of the licensed house of , describing the asylum, hospital or /iowse], 
 
 reciting that the said justice [or clergyman and relieving officer, or over- 
 seer of the poor] having called to his [or their] assistance E. F., a physician 
 [or surgeon or apothecary], not being the medical officer of the parish or 
 union to which A. B., a pauper, belonged, and having personally exa- 
 mined the said A. B. was [or were] satisfied that the said A. B. was a 
 lunatic [or an insane person, or an idiot, or a person of unsound or 
 imbecile mind], and a proper person to be confined, the said justice [or 
 clergyman and relieving officer, or overseer of the poor] therefore thereby 
 
 directed the said to receive the said A. B. as a patient into his 
 
 said asylum [or hospital, or house], to which order a statement, and also 
 
 a medical certificate of the said E. F., was subjoined according to the form 
 
 t Keterred to in o f tne sa j^ s t a t u te in such case made and provided* :f And whereas you the 
 
 * ' said guardians [or overseer of the poor of the said parish of ] have 
 
 this day made application unto us, I. S. and 1. L., Esquires, two of her 
 Majesty's justices of the peace in and for the county [or borough] of 
 
 , in which the said asylum [or registered hospital or licensed house is 
 
 situate, or to which such asylum wholly or in part belongs, or from part 
 
 of which, to wit, , the said pauper lunatic was sent to the said ] 
 
 to inquire into the last legal settlement of the said A. B. so ordered to be 
 confined therein as aforesaid : whereupon we, the said justices, having this 
 day found that the said A. B. is now so confined in the said asylum, &c., 
 in pursuance of the said order, did proceed to inquire into his last legal 
 settlement accordingly, and satisfactory evidence being now adduced 
 before us, as well by the oath of G. H., &c., as otherwise, that the last 
 legal settlement of the said A. B. is in the parish of , in the union 
 
 (a) The order in this case was not directed to any one ; it may, however, be 
 " to the guardians of the poor of the N. union," [or overseers of the poor of the 
 parish of , in the county of , such parish not being within an union.]
 
 CHAP, ii.] LUNATICS. 453 
 
 of , and county of : We do therefore by this order, under our Oke's Synop. 
 
 hands and seals, adjudge the last legal settlement of the said A. B. to be 2nd ed. 
 
 in the said parish of accordingly, [or from the asterisk,* as in pp.399 401. 
 
 Reg. v. Hatfield Peverel : And whereas in pursuance of the said order, 
 
 the said A. B. was therefore afterwards, on the day of , in the 
 
 year aforesaid, conveyed to the house of the said , who there ac- 
 cepted and received the said A. B. into his said house ; and whereas the said 
 A. B. hath ever since been and still is kept and confined as a lunatic in 
 the said house; and whereas we, S. J. S., Esquire, and E. R., Esquire, 
 whose names are hereunto subscribed and seals affixed, being two of her 
 Majesty's justices of the peace in and for the county of Essex, wherein the said 
 parish of L. B., from which the said A. B. was sent to the said house, is 
 situate, having now, in pursuance of the statute in such case made and 
 provided, and at the complaint and application of the churchwardens and 
 overseers of the poor of the said parish of L. B., inquired into the last 
 legal settlement of the said A. B. ; and it now being satisfactorily proved 
 before us, as well by the oaths of, &c., as otherwise, that the parish of 
 H. P., in the said county of Essex, is the place of the last legal settlement 
 of the said A. B., we, the said S. J. S., and E. R., such justices as afore- 
 said, do hereby adjudge that the said parish of H. P. is the place of the 
 last legal settlement of the said A. B.] Given under our hands and seals, 
 
 the day of , in the year of our Lord one thousand eight 
 
 hundred and forty , at , in the said county [or borough] 
 
 of . 
 
 6. Order of Justices for Expenses of Eramination, fyc., where the Lunatic 
 adjudged to be settled in a different Parish from the Parish from which 
 he was sent. (8 & 9 Viet. c. 126, s. 62 (a) ). 
 
 To C. E. H., treasurer of the guardians of the N. union in the 
 counties of C. and S. [or to the overseers of the poor of the 
 
 parish of , in the county of C., such parish not being within 
 
 an union.] 
 
 Whereas heretofore [#c. recite order for admission into asylum, Sfc., as in 
 No. 5, supra, to the asterisk,* then :] And whereas by a certain other 
 order of S. J. S. and E. R., Esquires, whose names are thereunto sub- 
 scribed and seals affixed, being two of her Majesty's justices of the peace 
 
 in and for the county of , wherein the parish of L. B., from which 
 
 parish the said A. B. was sent to the said house, is situate, bearing even 
 date with this order, but made and signed previously to the making and 
 signing hereof, after reciting the said first mentioned order, further recited, 
 that the guardians of the poor of the said union of N. had on the said 
 
 day of , made application to them the said and the 
 
 said first-named justices, to inquire into the last legal settlement of the 
 said A. B., so ordered to be confined in the said as aforesaid : and 
 
 that thereupon the said and , on the said day of , 
 
 having found that the said A. B. was then confined in the said - , m 
 pursuance of the said herein last-mentioned order bearing date the - 
 
 day of aforesaid, did proceed to inquire into his last legal settlement 
 
 accordingly, and satisfactory evidence having been then adduced before 
 them as well by the oath of G. H. as otherwise, that the last legal settle- 
 ment of the said A. B. was in the parish of , in the union of-, 
 
 they the said and did by the said herein first-mentioned order 
 
 under their hands and seals adjudge the last legal settlement of the said 
 
 A. B. to be in the said parish of accordingly : And whereas it appear 
 
 unto us, J. S. and J. L., Esquires, two of her Majesty's justices 
 
 Ca) This form is similar to the one adopted in Keg. v. Halfield Peverel, supra, 
 except the alteration made in the Form No. 5, supra, to adapt u
 
 454 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. peace in and for the said county of , from part of which, to wit, 
 
 2nd ed. , the parish of aforesaid, the said lunatic was sent to the said 
 
 pp. 399 401. as aforesaid [or two of her Majesty's justices of the peace in and for 
 
 the said county of , being members of the committee of visitors of 
 
 the said asylum], as well upon the oath of as otherwise, that the said 
 
 lunatic , in and by the said order of the said and , was and 
 
 is adjudged to be settled in a parish, to wit, the parish of , in the union 
 
 and county of , different from the parish, to wit, the parish of , 
 
 in the union and county of , from which he was sent to such 
 
 as aforesaid : f And whereas it is now duly proved unto us the said 
 
 and , as well upon the oath of as otherwise, that the expenses 
 
 incurred by and on behalf of the said union of , in and about 
 
 the examination of such lunatic and his conveyance to the said , 
 
 amount to , and that the monies paid by the treasurer of the said 
 
 guardians of N., to the said , for the lodging, maintenance, medicine, 
 
 clothing and care of such lunatic , and incurred within twelve 
 
 calendar months previous to the date of this our order, to wit, within 
 
 , amount to : We therefore, the said and , do hereby 
 
 order you, the said treasurer of the said guardians of N., to pay to the 
 
 said treasurer of the said guardians of the said sum of , being 
 
 the expenses incurred by and on behalf of the said union of in and 
 
 about the said examination and conveyance as aforesaid of the said lu- 
 natic, and also the said sum of , being the monies paid by the said 
 
 treasurer of the said guardians of to the said for the lodging, 
 
 maintenance, medicine, clothing, and care of such lunatic , and in- 
 curred within twelve calendar months previous to the date of this our 
 
 order as aforesaid, to wit, within as aforesaid : and we do also hereby 
 
 further order you, the said treasurer of the said guardians of N., to pay 
 weekly and every week to the said treasurer [or officer, or proprietor,] of 
 
 the said asylum, from the day of , one thousand eight hundred 
 
 and forty , for and during so long time as the said lunatic shall 
 
 be confined in the said , under the said order as aforesaid, the sum of 
 
 , the same being duly proved to us upon the oath of the said to 
 
 be the reasonable charges of the future lodging, maintenance, medicine, 
 clothing and care of such lunatic as aforesaid [and, as in Reg. v. Hatjield 
 Peverel, " or such other weekly sum as the said proprietor of the said 
 house shall hereafter charge for the future lodging, &c."] Given under 
 
 our hands and seals, the day of , in the year of our Lord one 
 
 thousand eight hundred and forty , at , in the said county of 
 
 7. Order adjudicating Settlement of a Lunatic Pauper, and also for Pay- 
 ment of Costs of Maintenance, embodied in one Instrument, and on Over- 
 seers, although Parish formed part of an Union. 
 
 [Vide the Form set out 18 Law J. Rep. (N. S.) M. C. HI, Reg. v. 
 Tyrwhitt, Esj.j 
 
 8. Order of Justice removing Lunatic, or two Justices, ( Visitors of the Asy- 
 lum,) for Payment of Expenses, where the Settlement is not ascertained. 
 (8 & 9 Viet. c. 126, ss. 57, 61 (a) ). 
 
 To the churchwardens and overseers of the poor of the parish of A., 
 
 in the county of . 
 
 ) Whereas by a certain order of one C. D., one of her Majesty's 
 
 to wit. 1 justices of the peace in and for the county of aforesaid, 
 
 heretofore made, bearing date the day of , and directed to , 
 
 (a) This and the following Forms under this title are from 2 Arch. J. P. 
 137 to 152, 4lh ed.
 
 CHAP, ii.] LUNATICS. 455 
 
 superintendent of [4c., recite order of removal to asylum, as in Form, Oke's Synop. 
 
 No. 5, supra, then :] And whereas by virtue of the said order the said 2nd ed. 
 
 A. B. was afterwards, on the day and year aforesaid, by the churchwardens pp. 399401. 
 
 and overseers of the parish of A., conveyed from the said parish of A. to 
 
 the said asylum, and there received by the superintendent thereof, and 
 
 has been ever since and still is confined in the said asylum : I [or we, &c.] 
 
 do therefore order the churchwardens and overseers of the poor of the 
 
 parish of A., from which the said A. B. was sent to the said asylum as 
 
 aforesaid, to pay weekly and every week to the treasurer of the said 
 
 asylum, the sum of , or such other sum as the committee of the 
 
 visitors of the said asylum shall hereafter fix, for the reasonable charges of 
 
 the lodging, maintenance, medicine, clothing and care of the said lunatic 
 
 A. B., in the said asylum, whilst the said A. B. shall be therein confined, 
 
 or until further order in this behalf, and which said weekly sum is now fixed 
 
 by the committee of visitors of the said asylum, and appears to me, the 
 
 said justice, to be a reasonable charge in that behalf. Given under my 
 
 hand and seal at , this day, &c. 
 
 9. Order of Two Justices adjudging Lunatic to be chargeable to the 
 County, where the Settlement cannot be ascertained. (8 & 9 Viet. c. 126, 
 s. 59.) 
 
 To the churchwardens and overseers of the parish of A., in the 
 
 county of , and to the clerk of the peace of the same 
 
 county. 
 
 I Whereas by a certain order of C. D., one [#c. recite order of 
 
 to wit. \ removal to asylum as in Form No. 5, supra, then :] and whereas 
 the churchwardens and overseers of the poor of the said parish of A. have 
 complained unto us E. F. and G. H., whose names are hereunto sub- 
 scribed ajid seals affixed, being two, &c. in which the said lunatic was 
 found, that the said A. B. is not settled in the said parish of A., and that 
 it cannot be ascertained in what parish the said A. B. is settled, and have 
 prayed us to adjudge the said pauper lunatic, A. B., to be chargeable to 
 the said county : and whereas J. K., Esq., clerk of the peace for the said 
 
 county of now appears before us for and in behalf of the said 
 
 county in pursuance of notice in that behalf to him given by the church- 
 wardens and overseers of the said parish of A. [or whereas it hath been 
 proved to us upon oath that a notice hath been duly served upon J. K., Esq., 
 
 clerk of the peace of the said county of , by the churchwardens and 
 
 overseers of the poor of the parish of A., requiring him to appear now 
 here before us for the said county ; but the said J. K. doth not appear in 
 pursuance of the said notice, nor doth any person appear on his behalf] : 
 Now we the said justices, in pursuance of the statute in such case made 
 and provided, proceed to inquire into the circumstances of the case ; and 
 it being proved to us upon oath, upon the part and behalf of the said 
 churchwardens and overseers of the poor of the said parish of A., that the 
 said pauper lunatic A. B. is not settled in the said parish of A. ; and that 
 diligent inquiries have been made in what parish the said A. B. is settled, 
 but that the same cannot be ascertained, and the contrary thereof not 
 being shown to us on the part or behalf of the said county,* we do hereby 
 adjudge the said pauper lunatic A. B. to be chargeable to the said county 
 of . Given, &c. 
 
 10. The like Order for Expenses. (Id. s. 63.) 
 To the churchwardens and overseers of the poor of the parish of A., 
 
 in the county of , and to the treasurer of the same county. 
 
 > Whereas by a certain order [4'C. reciting the l*t Form, Mo. 
 
 to wit. 1 9, to the asterisk *, then:] did thereby adjudge the said pauper
 
 456 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. lunatic A. B. to be chargeable to the said county of : and whereas 
 
 2nd ed. complaint hath been made unto us [#c. proceed as in the Form No. 6, 
 
 pp. 399401. ante, p. 453, from the obelisk f to the end, merely substituting the words 
 
 " treasurer of the said county of " for the words "treasurer of the 
 
 guardians of the poor of the said N. union," where they occur], 
 
 11. Order of Two Justices adjudicating Settlement where it is after- 
 wards ascertained. (Id. s. 59.)] Whereas by a certain order of C. D., one 
 [4-c. reciting the order of removal to asylum, as in the Form No. 9, supra, 
 then :] and whereas by a certain other order of E. F. and G. H., Esqs., 
 two, &c., in which the said lunatic was found, bearing date, &c., after 
 reciting the said first mentioned order, and reciting that the church- 
 wardens and overseers of the poor of the said parish of A. had complained 
 to them, the said E. F. and G. H., that the said A. B. was not settled 
 [<r. reciting the order No. 9, ante, p. 455, to the end~\ : and whereas it 
 hath since been ascertained that the said A. B. is settled in the parish of 
 
 B., in the said county of : wherefore, it being now proved upon 
 
 oath before us J. K. and L. M., Esqs., two of her Majesty's justices of 
 
 the peace in and for the said county of , that the said parish of B., 
 
 in the county aforesaid, is the place of the last legal settlement of A. B. ; 
 we the said J. K. and L. M., justices as aforesaid, do hereby adjudge that 
 the said parish of B. is the place of the last legal settlement of the said 
 A. B. Given, &c. 
 
 12. Order for Expenses on Parish where adjudged to be settled. (Id. s. 64.) 
 To C. E. H., Esq., the treasurer of the guardians of_the poor of the 
 
 N. union, in the counties of C. and S. 
 
 Whereas [fyc. recite the last Form, No. 11, supra, to the end, then :] 
 and whereas complaint hath been made unto us, N. O. and P. Q., Esqs., 
 two, &c., in which the said asylum is situate, by R. S., Esq., treasurer of 
 the said county, that in obedience to the said recited order of E. F. and 
 G. H. Esqs. aforesaid, he hath paid and expended divers sums of money 
 for and on account of the said county, and the said R. S. now prayeth us 
 to make an order upon the treasurer of the guardians of the poor of the 
 N. union, in which the said parish of B. is comprised and included, for 
 payment to him the said R. S. of all expenses and money paid by him 
 for and on behalf of the said county, in obedience to the said last-men- 
 tioned order, and incurred within twelve calendar months last past : and 
 it being now satisfactorily proved before us, N. O. and P. Q, justices as 
 aforesaid, upon oath, that the said R. S., as treasurer of the said county, 
 and upon the part and behalf of the said county, hath heretofore and 
 within twelve calendar months before the making of this order, in obe- 
 dience to the order of E. F. and G. H. aforesaid, paid the following sums 
 
 in respect ef the said lunatic A. B., that is to say, the sum of , to the 
 
 churchwardens and overseers of the poor of the parish of A., as by the 
 
 said order he was directed, and the further sum of , being the 
 
 amount of the several sums which by the said R. S. have been hitherto 
 paid to th etreasurer of the said asylum for the reasonable charges of the 
 lodging, maintenance, medicine, clothing and care of the said lunatic in 
 the said asylum : we do, therefore, order you, the treasurer of the guar- 
 dians of the poor of the N. union, to pay forthwith unto the said R. S., 
 treasurer of the said county, for and on behalf of the said county, the said 
 
 several sums of and , making in the whole the sum of ; 
 
 and we do further order [<$rc as in the Form No. 6, ante, p. 453, to the 
 end.']
 
 CHAP, ii.] LUNATICS. 457 
 
 13. Order of two Justices in the case of a non-chargeable Lunatic for Oke's Synop. 
 Charges of Examination, $c. on the Treasurer oj Guardians, or Over- 2nd ed. 
 seers of Parish, under s. 49. (a) pp. 399 401 . 
 
 To C. E. H., Esquire, treasurer of the guardians of the N. Union, in 
 the counties of C. and S. [or to the overseers of the poor of the 
 parish of A. [if not in an union erase the words "treasurer," 
 "union," and "relieving officer," throughout, and substitute 
 the words " parish" and " overseer."]] 
 
 Whereas notice in writing, bearing date the day of last, was, 
 
 on the day of instant, given unto J. S. Esquire, one of [us], her 
 
 majesty's justices of the peace, in and for the said county of , within 
 
 which the said union is situate, [whose hands and seals are hereunto sub- 
 scribed and set], by and upon the oath of J. K., relieving officer of the 
 said union, that within three days next before the giving of the said notice, 
 he the said J. K. had obtained knowledge that A. B., of A. in the parish 
 of A. in the said union, not then and there being chargeable to any parish, 
 was deemed to be a lunatic, and was then and there under the care of 
 E. F. at A, aforesaid, who neglected and cruelly treated him, so that he 
 was not properly taken care of, that is to say, [describe the neglect, #c.] ; 
 whereupon, and pursuant to the statute in such case made and provided, 
 the said justice did, by an order under his hand and seal bearing date the 
 
 day of instant, order and require the said relieving officer to 
 
 bring the said A. B. before him, and some other of her Majesty's justices 
 
 of the peace in and for the said county of , on , the day of 
 
 instant, at the hour of twelve at noon, at , in the said county of 
 
 , to be further dealt with according to the provisions of the statute 
 
 aforesaid: And whereas the said A. B., the said lunatic, not being so 
 chargeable as aforesaid, was on the day and at the time and place last 
 aforesaid, brought before [us], J. S. and J. L. Esquires, two of her 
 
 Majesty's justices of the peace in and for the said county of , within 
 
 which the said union is situate, in pursuance of the said order ; and [we] 
 the said justices did, at the time and place last aforesaid, call to our assist- 
 ance F. P., a physician [or as the case may be], and the said relieving 
 officer of the said union in which A. B. was taken, and having then and 
 there last aforesaid examined the said A. B., and upon view and personal 
 examination of the said A. B. and from other proof, [we] the said justices 
 were then and there last aforesaid satisfied that the said A. B. was lunatic, 
 and had been neglected and cruelly treated as aforesaid by the said E. F., 
 under whose care he then was, and that he was not then chargeable to 
 any parish as aforesaid, and the said F. P. having signed a certificate 
 according to the form required by the statute aforesaid, that such person 
 was a lunatic ; [we] the said justices did thereupon, by an order under 
 [our] hands according to the form prescribed by the statute aforesaid, 
 direct such person to be received into the asylum of the said county of 
 
 , within which such parish of A. as aforesaid is situate : And whereas 
 
 it duly appears unto us [or J. M. and J. Q. Esquires, two of her Majesty's 
 
 justices of the peace in and for the county of , and both of us being 
 
 visiting justices of the said asylum, to which the said lunatic hath been 
 sent as aforesaid], upon the oath of C. D. that such relieving officer did 
 immediately convey such lunatic to such asylum, and such lunatic was 
 accordingly and now is received and confined therein, in pursuance of 
 our said [or the said] order, and that the charges of the examination, 
 removal, lodging, maintenance, clothing, medicine, and care of such 
 lunatic, up to the day of , amount to the sum of ; we, 
 
 (a) Published by Shaw and Sons.
 
 458 
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. therefore, the said justices, do hereby make this our order upon you the 
 2nd ed. sa {& treasurer of the said guardians for the said sum of , being the 
 
 pp. 399 401. charges of the examination, removal, lodging, maintenance, clothing, 
 medicine, and care of such lunatic to and for the period aforesaid, to be 
 paid to the several persons and parties following, that is to say [set out 
 the names]. Given, &c. 
 
 14. Order to convey dangerous Lunatic to Asylum. (1 Viet. c. 14, s. 2.) 
 
 To the constable [or overseer of the poor] of the parish of in 
 
 the county of . 
 
 1 Whereas it hath been proved unto us, R. S. and T. V. 
 
 to wit. 1 Esquires, two of her Majesty's justices of the peace in and for 
 the said county of , that one A. B. has been discovered and appre- 
 hended at the parish of aforesaid, in the said county, under circum- 
 stances that denote a derangement of mind, and a purpose of committing 
 a certain crime, to wit, the crime of setting fire to stacks of corn, for 
 which, if committed, he the said A.B. would be liable to be indicted; 
 and the said A. B. being now brought before us the said justices, we the 
 said justices, having first called to our assistance one J. S. a [surgeon], 
 are, upon view and examination of the said A. B. and from other proof, 
 fully satisfied that the said A.B. is insane [or a dangerous idiot] : We, the 
 said justices, therefore, hereby order you the said [constable] that you cause 
 the said A. B. to be conveyed to and placed in the county lunatic asylum 
 
 established at , within and belonging to the said county of , 
 
 within which county the said A. B. was in custody at the time of his 
 
 apprehension aforesaid [or to the house of , situate at , in the 
 
 county of , the said house being duly licensed for the reception of 
 
 insane persons, and there being no county lunatic asylum within or 
 belonging to the said county]. Given, &c. 
 
 15. Order adjudicating the Settlement, and ordering Payment of the 
 Expenses. (Id.) 
 
 To the overseers of the poor of the parish of , in the county of 
 
 \ Whereas heretofore, to wit, on , at , by a certain 
 
 to wit. i order [reciting the last order ; and if this order be made at a sub- 
 sequent time to that one, add, And whereas in pursuance and by virtue of 
 the said order, the said A. B. was thereupon afterwards, on the day and 
 year last aforesaid, conveyed to the said lunatic asylum, or licensed house 
 
 of the said , and then and there delivered to , who then and 
 
 there accepted and received the said A. B. into the said asylum, or li- 
 censed house, and the said A. B. was then and hath been from thence 
 hitherto kept and detained, and still is kept and detained, in the said 
 asylum, or licensed house, where he hath ever since been and still is 
 maintained : And whereas at the time of the making of the order afore- 
 said, the place of the last legal settlement of the said A. B. had not been 
 ascertained] : And whereas it is necessary now to inquire into and ascer- 
 tain, by the best legal evidence that can be procured under the circum- 
 stances of personal legal disability of the said A. B , the place of his last 
 legal settlement, according to the exigency of the statute in such case 
 made and provided, in order that the reasonable charges of examining 
 the said A. B. and conveying him to the said asylum [or licensed house] 
 shall be paid, and also that such weekly sum for his maintenance shall 
 hereafter be paid as we, or any other two justices, shall, by writing under 
 our or their hands, from time to time direct; therefore we, J. K. and 
 L. M., Esquires, being two of her Majesty's justices of the peace in and
 
 CHAP, ii.] LUNATICS. 459 
 
 for the said county of , having accordingly inquired, by the best Oke's Synop. 
 
 legal evidence that could be procured under the circumstances of personal 2nd ed. 
 legal disability of the said A. B., into the place of the last legal settlement pp. 399401. 
 of the said A. B., and it being now proved before us, as well by the oath 
 
 of C. D. as otherwise, that the said parish of , in the county of , 
 
 is the place of the last legal settlement of the said A. B., we do therefore 
 hereby adjudge the place of the last legal settlement of the said A. B. to 
 be in the said parish ; and we do hereby order the overseers of the said 
 
 last-mentioned parish of to pay unto* the sum of , 
 
 being the reasonable charges of examining the said A. B. and conveying 
 
 him to the said asylum [or licensed house], and also to pay unto 
 
 the sum of weekly and every week, or such other sum as we or any 
 
 other two justices shall, by writing under our or their hands, from time to 
 time direct, for the maintenance of the said A. B. in the said asylum [or 
 licensed house]. Given under our hands and seals, &c. 
 
 16. Order on Treasurer of the County for Expenses when the Place of 
 Settlement cannot be ascertained. (Id.) 
 
 To the treasurer of the county of 
 
 ! Whereas [#c. recite order for conveying to asylum, No. 14, 
 ante, p. 458, then :] And whereas we the said justices having 
 inquired as to the place of the last legal settlement of the said A. B., have 
 
 not been able to ascertain the same ; we, the said justices, do therefore 
 
 hereby order and direct you, the treasurer of the said county of , 
 
 where the said A. B. was apprehended [or in custody] as aforesaid, to 
 pay unto [4 - c. as in Form No. 15, supra, from the asterisk * to the end.] 
 
 17. Order of Two Justices adjudging Settlement of Criminal Lunatic, and 
 ordering Payment of Expenses of' Removal. (3 & 4 Viet. c. 54, ss. 1, 2.) 
 
 To the overseers of the poor of the parish of , [or to the guar- 
 dians of the poor of the N. union, in which the parish of 
 
 is situate.] 
 
 * Whereas heretofore, on , one A. B., who was then impri- 
 
 to wit. J soned in the common gaol of the said county of , [under a 
 
 charge of ,] was by order of , her Majesty's principal Secretary 
 
 of State for the Home Department, removed to the county lunatic asylum 
 at , in the said county, where he hath ever since been and still is con- 
 fined and detained : And whereas it is necessary, in pursuance of the statute 
 in such case made and provided, to inquire into and ascertain, by the best 
 evidence or information that can be obtained under the circumstances of the 
 personal legal disability of the said A. B., the place of the last legal set- 
 tlement, and the pecuniary circumstances of the said A. B. : Therefore 
 we, J. K. and L. M., Esquires, being two of her Majesty's justices of the 
 
 peace in and for the said county of , having accordingly inquired, by 
 
 the best evidence and information that could be obtained under the circum- 
 stances of the personal legal disability of the said A. B., into the place of 
 the last legal settlement of the said A. B., and into his pecuniary circum- 
 stances ; and it being now proved before us, as well by the oath of C 
 
 as otherwise, that the said parish of , in the county of , is the 
 
 place of the last legal settlement of the said A. B.; we do therefore 
 hereby adjudge the place of the last legal settlement of the said A. B. to 
 be in the said parish ; and because it appears to us that the said A. B. is 
 not possessed of sufficient property which can be applied to his mainte- 
 nance, we do therefore order the overseers [or guardians] of the said last 
 mentioned parish of to pay [or the guardians of the said N. union,
 
 460 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. within which the said parish of is situate, to pay on behalf of the 
 
 2nd ed. sa id parish] unto * the sum of , being the reasonable charges 
 
 pp. 399 401. o f inquiring into the said A. B.'s insanity, and for conveying him to the 
 
 said county lunatic asylum, and also to pay unto the sum of 
 
 weekly and every week, or such other sum as we or any other two justices 
 shall, by writing under our or their hands, from time to time direct, for 
 the maintenance of the said A. B. in the said asylum. Given under our 
 hands and seals, &c. 
 
 18. Order on Treasurer of the County, where the place of Settlement 
 cannot be ascertained. 
 
 To the treasurer of the county of . 
 
 ) Whereas heretofore [ifyc. recite order of Secretary of State as 
 
 to wit. S in Form No. 17, supra, then :] And whereas we, I. K. and 
 L. M., Esquires, being two of her Majesty's justices of the peace in and 
 
 for the said county of , having inquired as to the place of the last 
 
 legal settlement of the said A. B., have not been able to ascertain the 
 same ; and having also inquired into the pecuniary circumstances of the 
 said A. B., we find that he is not possessed of sufficient property which 
 can be applied to his maintenance : We do therefore hereby order you the 
 
 treasurer of the said county of to pay unto [4 - c. as in the Form 
 
 No. 17, supra, from the asterisk to the end.] 
 
 Id. pp. 401, 402. MASTER AND SERVANT. 
 
 1. Complaint by Servant in Husbandry, fyc. for Wages. (20 Geo. 2, 
 c. 19, s. 1.)] Proceed as in the General Form No. 1, ante, pp. 23, 24, 
 
 to the first asterisk *, then : That on the day of [or in 
 
 the month of last], at the parish of , in the county of , he 
 
 the said C. D. was hired and employed by A. B., of the parish of , 
 
 in the same county (wherein the said A. B. doth now inhabit), to serve 
 him in the capacity and employment of a servant in husbandry [or arti- 
 ficer, handicraftsman, miner [tinner or miner in Devon and Cornwall, 
 27 Geo. 2, c. 6, s. 2], collier, keelman, pitman, glassman, or potter], 
 
 for the term of , from the day of , in the year of our Lord 
 
 , at and for the wages of , 
 
 [or for three months then next, at the wages of for every week, 
 
 payable weekly on every Saturday], 
 
 [or from week to week, until his contract should determine by 
 either party putting an end to the same on Saturday in any 
 week ; and if such be the fact, say : by giving to the other of 
 them one week's previous notice of his intention so to do, at 
 
 the wages of for every week, payable weekly on every 
 
 Saturday], 
 
 [or from day to day until his contract should determine by either 
 party putting an end to the same on any day, at the wages of 
 
 per day, or at the wages of per acre of barley mown 
 
 by the said C. D.], 
 
 And that he the said C. D. entered upon the service of the said A. B. 
 accordingly, and hath duly performed the same ; and that there is now 
 due and owing unto him the said C. D. from the said A. B. in respect of
 
 CHAP, ii.] MASTER AND SERVANT MUTINY. 461 
 
 such wages, the sum of (a), and that the said A. B. doth refuse to Oke's Synop. 
 
 pay him the same or any part thereof. 2nd ed. 
 
 \If the master reside at a considerable distance, and the foreman or pp. 401, 402. 
 agent is to be summoned (4 Geo. 4, c. 34, s. 4), insert : And 
 the said C. D. further saith, that the said A. B. resides at a 
 
 considerable distance, to wit, miles from the said parish of 
 
 , where his business is carried on, and where the said 
 
 C. D. was so employed, and that E. F., of &c. is foreman [or 
 agent] of the said A. B., to whom he entrusts his said busi- 
 ness]. 
 
 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 OrderJ] 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 
 workmen, given in the statute 5 Geo. 4, c. 96, will be found in 
 2 Arch. J. P. pp. 254260, 4th ed. 
 
 MUTINY. 
 
 1. Swearing in Recruits, or Discharge on paying Smart J\ The Forms id. p. 402. 
 are furnished by the officer or serjeant of the regiment, and may be 
 found in the Annual Army Mutiny Act (12 Viet c. 10.) 
 
 2. Information to a Justice that Person apprehended is a Deserter. 
 
 (12 Viet. c. 10, s. 46.) 
 The information of C. D., of &c., taken upon oath this 
 
 _ . 
 
 to wit. > day of - , in the year of our Lord one thousand eight hun- 
 dred and - , before me the undersigned, one of her Majesty's justices 
 of the peace for the said - of - , who upon 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. c - D - 
 
 3. Commitment of Deserter to Gaol. (Id.) 
 To the keeper of the common gaol [or bouse 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 
 pea J 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 
 
 () The sum due must not exceed 10 to a servant in husbandry, or 5 to 
 other servants.
 
 462 
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. of the said A. B. as a soldier in the said regiment, for his said maintenance 
 2nd ed. p. 402. while he shall be in your custody. Given under my hand and seal, this 
 
 day of , in the year of our Lord , at , in the 
 
 aforesaid . 
 
 J. S. (L. s.) 
 
 4. Return given in Schedule to Act. (12 Viet. c. 10.) 
 
 No. Description Return of , committed to confinement at , 
 
 on the day of , as a deserter from the regiment of . 
 
 Age 
 
 
 Probable Date 1 
 of Enlistment, and 
 where. ) 
 
 
 Height 
 
 Feet Inches 
 
 
 Probable Date 1 
 of Desertion, and S 
 from what Place, j 
 
 
 Complexion 
 
 
 Hair 
 
 
 Name, Occupa- "^ 
 tion and Address / 
 of the Person by \ 
 whom apprehend- i 
 ed. J 
 
 0) 
 
 Eyes 
 
 
 Marks 
 
 
 Particulars in the Evidence on which the Pri- > 
 soner is committed. 5 
 
 (a) 
 
 Whether the Prisoner was apprehended or } 
 voluntarily surrendered himself as a Deserter. J 
 
 00 
 
 Whether the Prisoner confessed before the Ma- 
 gistrate that he is a Deserter. 
 
 I do hereby certify that the prisoner has been duly examined before 
 me as to the circumstances herein stated, and has declared in my pre- 
 sence 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 Prisoner. 
 
 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 unfit- 
 ness] for military service. 
 
 f Signature of Military Medical 
 
 \ Officer, or Private Medical 
 
 {. Practitioner. 
 
 (a) It is important for the public service, and for the interest of the deseiter, 
 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.
 
 CHAP, ii.] MASTER AND SERVANT. 463 
 
 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 appre- 
 hended, 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 magis- 
 trate'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 commitment 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. 
 
 L. SULIVAN. 
 War Office, 25th April, 1839. 
 
 5. Extension of a Furlough by one Justice. (12 Viet. c. 10, a. 50.) 
 
 ) Whereas A. B., a private in her Majesty's regiment of 
 
 to wit. J , 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 ne- 
 cessary, 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 
 
 in the aforesaid. 
 
 J. S. (L. g.) 
 
 6. Letter certifying same to the Commanding Officer of the Corp$ if 
 known, or Agent of the Regiment. (Id.) 
 
 To- . 
 
 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
 
 464 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. A. B. has produced a certificate from R. F., surgeon, stating that he is 
 2nd ed. p. 402. unable to travel by reason of sickness.] 
 
 1 am, sir, your obedient servant, 
 J. S. 
 
 Justice of the peace for the of . 
 
 The Forms as to apprentices enlisting will be found at p. 401, Nos. 17, 
 18, tit. " Apprentices." 
 
 Id. pp. 402 NUISANCES REMOVAL. AND DISEASES PREVENTION. 
 409. 
 
 1. Notice by Two Householders to Guardians. (Sched. A. of 11 & 12. 
 
 Viet. c. 123) (a). 
 
 To the town council of the borough of [or guardians of the 
 
 poor of the union, or of the parish of in the county of 
 
 , or as the case may be}. 
 
 We, the undersigned , inhabitants (6) of [insert the parish or 
 
 place}, and residing at , in [insert the parish or place before men- 
 tioned] aforesaid, do hereby give you notice, that to the best of our know- 
 ledge 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 de- 
 scription 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 afore- 
 said, or as the case may be.] 
 
 [or that upon certain premises, situate at, &c. swine, or an accumu- 
 lation 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 afore- 
 said, 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 , 184. 
 
 A. B. 
 C. D. 
 
 2. Certificate by Medical or Relieving Officer of Existence of Nuisance. 
 
 (12 & 13 Viet. c. Ill, s. 6.) 
 
 To the guardians of the poor of the union, [or of the parish of 
 
 , in the county of , or directors, wardens, or governors 
 
 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 Viet. c. 123, 
 the variations applicable to Scotland have been omitted, 
 (fc) Inhabitant householders are meant (see sect. 1.) 
 (c) Sic in act.
 
 CHAP, ii.] NUISANCES REMOVAL, &c. 465 
 
 union, do hereby certify, that to the best of my knowledge and belief Oke's Synop. 
 
 a dwelling-house [Sfc. describe the nuisance as in the Form No. 1, supra.] 2nd ed. 
 
 Dated this day of , 185 . pp. 402409- 
 
 R. F. 
 
 3. Notice of Entry by Public Authorities. 
 
 To the owner and occupier of the premises [or dwelling-house or 
 
 building] reputed to be in the occupation of , and situate at 
 
 No. , in , street in the parish of , in the county of 
 
 , [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 
 [4 - 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 for parish] under the " Nuisances Removal and Diseases Preven- 
 tion 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 with- 
 out foundation [or that the matters complained of have been removed or 
 abated.] 
 
 Dated the day of , in the year of our Lord .. 
 
 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 [4-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 
 For parish] duly appointed in this behalf, will, 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, 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 . 
 
 [Signatures.] 
 HH
 
 466 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 
 
 2nded. 5. Complaint to a Justice by an Officer of Guardians, or a Committee, 
 
 pp.402 409. in order to obtain a Summons. (11 & 12 Viet. c. 123, s. 1.) 
 
 \ The complaint of C. D., of the parish of , in the county 
 
 to wit. /of , being an officer of the guardians of the poor of the 
 
 union, in which the parish of hereinafter mentioned is in- 
 cluded, to wit, the clerk, and duly empowered by them in this behalf, by 
 virtue of the statute in such case made and provided, 
 
 [or C. D., E. F. and F. G., being a committee of the guardians of the 
 
 poor of the union, in which the parish of hereinafter 
 
 mentioned is included,] 
 made to me the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said county of , this day of , in the year of 
 
 our Lord , at in the same county, who saith, that on the 
 
 day of last a written certificate under the hand of R. F., one of the 
 
 medical [or relieving officers of the said union], 
 
 [or written notice in the form contained in the Schedule (A) to the 
 " Nuisances Removal and Diseases Prevention Act, 1848," 
 
 signed by two inhabitant householders of the parish of ], 
 
 was received by the said guardians, in and by which said certificate [or 
 notice] the said medical [or relieving] officer [or inhabitant] stated, that 
 [4 - e., as in the certificate or notice] : and thereupon the said guardians, 
 
 [or the said complainants, being a committee of the said guardians 
 duly appointed in that behalf,] 
 
 on the day of last, caused a notice in writing under their seal 
 
 and the hand of the chairman of the said board of guardians, 
 
 [or under their hands,] 
 
 to be delivered unto , a person then upon the premises aforesaid [or 
 
 affixed upon a conspicuous part of the premises aforesaid (there being no 
 person thereon to or on whom the same could be delivered or served)], by 
 which last-mentioned notice, after reciting the certificate first aforesaid of 
 the said medical [or relieving] officer [or inhabitants], it was stated that a 
 committee of the said guardians [or that the said complainants] would at 
 the expiration of twenty -four hours after the delivery or affixing thereof, as 
 directed by the said act, or as soon after as conveniently might be, by them- 
 selves or their servants or agents, with or without medical or other assist- 
 ants, enter upon the said and premises, and examine the same with 
 
 respect to the matters alleged in the said certificate above mentioned : 
 and the said C. D. [or complainants] further saith, that afterwards, and 
 after the expiration of twenty-four hours from the delivering [or affixing] 
 
 of the said notice as aforesaid, to wit, on the day of instant, 
 
 they, in pursuance of the said notice, did enter the said and pre- 
 mises, and did then and there examine the same with respect to the 
 matters alleged in the said certificate [or notice] ; and that upon the said 
 
 examination the said and premises then and there appeared to them 
 
 and were in a filthy and unwholesome condition [//ere state some, parti- 
 culars, bringing the case within the description in thejirst section of the act,] 
 
 whereupon the said prayeth that E. F. the owner [or occupier] of 
 
 the said premises, may be summoned to answer the said complaint and 
 make his defence thereto. 
 
 C. D. 
 Before me J. S.
 
 CHAP, ii.] NUISANCES REMOVAL, &c. 
 
 6. Summons to appear. (Schedule (B) of 11 & 12 Viet. c. 123.) e 
 
 To the owner [or occupier] of a dwelling-house [or- building, or of PP- 402409. 
 
 certain premises] situate at [insert such a description as may 
 
 be sufficient to identify the premises']. 
 
 County of , " \ Whereas complaint hath been made 
 
 [or borough, &c. of , f to the undersigned, one of her Ma- 
 
 or metropolitan police district, f jesty's justices of the peace acting in 
 
 or as the case may be], to wit. J and for the said county of [or 
 
 borough &c. of , or one of the magistrates of the police courts of the 
 
 metropolis holden at , or as the case may be], by the town council of 
 
 the borough of [or as the case may be~], that a certain dwelling-house 
 
 [or budding, situate at No., in the parish of [or as the case may bel, 
 
 in the county of , is in such a filthy and unwholesome condition, &c. 
 
 [here insert the description of the nuisance as in the Notice No. 1, ante, 
 p. 464] : These are therefore to require you to appear before two of her 
 Majesty's justices of the peace [or one of the magistrates of the police 
 
 courts of the metropolis, at the court holden at ], on the day 
 
 *" next > at the hour of , to answer the matter of the said com- 
 plaint. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord 185. 
 
 J. K. (L. s.) 
 
 7. Order for Removal of Nuisances, Sfc. (Schedule (C) of 11 & 12 
 Viet. c. 123.) 
 
 To the owner [or occupier] of the dwelling-house [or building, or 
 
 premises] situate at No. , in street, in the parish of , 
 
 in the county of [or such other description as may be suffi- 
 cient to identify the premises], and to the town council of the 
 
 borough of [or to the guardians of the poor of the 
 
 union, or of the parish of , in the county of , as the case 
 
 may be], and to their servants or agents, and to all whom it may 
 concern. 
 
 County of , ^ Whereas on the : day of last com- 
 
 [4'C. as in No. 6, supra], /-plaint was made before the undersigned [or 
 to wit. ) before J.K., Esquire], one of her Majesty's jus- 
 tices of the peace acting in and for the county of [or before the 
 
 undersigned, or J. K., Esquire, one of the magistrates of the police 
 courts of the metropolis, or as the case may be] by the town council, &c. 
 [as in the summons No. 6, supra, to the asterisk*]: And whereas the 
 owner [or occupier] of the said dwelling-house, building or premises, 
 having this day appeared before us, two of her Majesty's justices of the 
 
 peace acting in and for the county [or borough] of for before me, 
 
 one of the magistrates of the police courts of the metropolis, as the case 
 may be], to answer the matter of the said complaint : [or in case the party 
 charged do not appear, And whereas it hath this day been proved to 
 our [or my] satisfaction, that a true copy of a summons requiring the 
 owner [or occupier] of the said dwelling-house [or building, or premises] 
 to appear this day before us [or me], has been duly served according to 
 the statute in such case made and provided] : and it having been proved 
 [or also proved, as the case may require] that the said dwelling-house [or 
 building] is in such a filthy and unwholesome condition as aforesaid [or 
 that upon the premises aforesaid [or first aforesaid] there is a foul and 
 offensive drain [privy, cesspool, or ashpit, or a drain, &c. kept or con- 
 structed so as to be a nuisance to A. B., SfC, as the case may be], or that 
 
 H H 2
 
 468 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. upon the premises aforesaid, or first aforesaid, an accumulation of dung, 
 2nd ed. manure, offal, filth, or refuse, [or as the case may be,] is kept, or a pigstye 
 pp. 402 409. exists, so as to be injurious to health as aforesaid, or so as to be a nuisance 
 to A. B., 4"C., us the case may be] : We [or I] do hereby, in pursuance of 
 the statute in such case made and provided, order the said owner [or oc- 
 cupier] of the said dwelling-house [or building, or premises, or first-men- 
 tioned premises], within hours from the service of this order [or a 
 
 true copy thereof], according to the statute in such case made and pro- 
 vided, to cleanse [whitewash, or purify] the said dwelling-house [or to 
 cleanse, cover, or fill up, or as the case may require] the said drain [ditch, 
 gutter, privy, cesspool, or ashpit, or otherwise as the case may require], or 
 remove the said pigstye, or accumulation of dung, offal, filth, refuse, or 
 matter, as the case may be], so that the same shall not be injurious to 
 health, or a nuisance, as aforesaid] ; and if this order be not complied 
 with, then we [or I] authorize and require you the said town council [or 
 guardians of the poor] to enter upon the said dwelling-house [or build- 
 ing, or premises, or first-mentioned premises], and to do all such works, 
 matters and things as may be necessary for carrying this order into 
 effect, according to the statute in such case made and provided : And for 
 your so doing this shall be your sufficient warrant. 
 
 Given under our hands and seals [or my hand and seal], this day 
 
 of , one thousand eight hundred and . 
 
 [Signatures.] (L. s.) 
 
 (L.S.) 
 
 8. Application to Two Justices for a Summons for Recovery of Costs and 
 Expenses of obtaining Order for Removal of Nuisances, Sfc. from the 
 Party, (il & 12 Viet. c. 123, s. 3.) 
 
 ^ The application and complaint of C. D. of &c., on behalf of 
 
 to wit. i the town council of the borough of , [or the trustees, or 
 
 commissioners of , or the guardians of the poor of the union, 
 
 or parish of , in the county of ,] made unto us, the under- 
 signed, two of her Majesty's justices of the peace in and for the said , 
 
 at , in the same , this day of , in the year of our 
 
 Lord , who saith that by an order under the hands and seals of 
 
 J. K. and L. M., Esquires, two of her Majesty's justices of the peace of 
 
 and for the said , bearing date the day of last, reciting 
 
 that complaint was on the day of then last, made before, &c. 
 
 [as in the recital of it in the order, No. 7, supra,] and reciting that the 
 said justices having heard the said complaint, and examined the fact and 
 all proper witnesses upon oath, and the subject-matter thereof having 
 been proved on oath to their satisfaction, did, in pursuance of the statute 
 in such case made and provided, order the said owner [or occupier] of 
 the said dwelling-house [building, or premises] thereinbefore described, 
 
 within hours from the service of the said order, or a true copy 
 
 thereof, according to the statute in such case made and provided, to 
 cleanse [Sfc.as the directions are in the order,] so that the same should not 
 be injurious to health [or a nuisance] as aforesaid, and if the said order 
 should not be complied with, then the said justices did authorize and re- 
 quire the said town council [or guardians of the poor, as the case may be,] 
 to enter upon the said premises and to cleanse, Sic. [as the directions are 
 in the order,] and to do all such works, matters, and things as might be 
 necessary for carrying the said order into effect according to the statute in 
 such case made and provided : And the said C. D. further saith, that the 
 said order was duly served on the said , [or affixed upon a conspicu- 
 ous part of the premises aforesaid (there being no person thereon to or
 
 CHAP, ii.] NUISANCES REMOVAL, &c. 469 
 
 on whom the same could be delivered or served)] in the manner described Oke's Synop. 
 
 in the said order, but that default was made by the said in obeying 2nd ed. 
 
 the said order: whereupon the said town council [or guardians of the PP- 402 409. 
 poor] did, by their servants and workmen, enter upon the said premises 
 and did [here describe what was done in the language, used in the order] : 
 and the said C. D. further saith, that the said town council [or guardians 
 
 of the poor] did incur certain costs and expenses to the amount of 
 
 in [obtaining the said order, and] in carrying the same into effect, which 
 costs and expenses remain wholly unpaid to the said town council [or 
 guardians of the poor.] 
 
 C. D. 
 Before us J. S. and J. L. 
 
 9. Summons thereon.'] This may be in the General Form, No. 8 (A), 
 ante, p. 26. 
 
 10. Order for Payment.] Thig will be in the General Form No. 44 
 (K. 1). ante, p. 42, enforced by the General Forms as follow: Minute 
 of Order, No. 60, ante, p. 54 ; Distress Warrant, No. 66 (N. 2), ante, 
 p. 57. 
 
 11. Application and Complaint by Owner where Occupier prevents 
 Execution of Works required. (Id. s. 16.) 
 
 County of ~| The application and complaint of A. B. of 
 
 [or as the case may be,] > , made to me E. F., Esquire, one of her 
 
 to wit. J Majesty's justices of the peace in and for the 
 
 of , this day of , in the year of our Lord , at 
 
 , in the same , who saith, that he is owner, within the meaning 
 
 of the " Nuisances Removal and Diseases Prevention Act, 1848," of 
 certain premises, to wit, a dwelling-house * [or building or as the case 
 may be,] situate [insert such a description of the premises as may be suffi- 
 cient to identify them,'] in the parish of , in the said : That 
 
 C. D., the occupier of the said premises, doth prevent the said A. B. 
 from obeying and carrying into effect the provisions of the said act in 
 this, to wit, that the said C. D. doth prevent the said A. B. from [here 
 describe the works generally according to the circumstances ; for instance, 
 thus : cleansing, or whitewashing, or purifying the said dwelling-house 
 [or building] or cleansing a foul and offensive drain, [ditch, gutter, privy, 
 cesspool, or ashpit,] which existed and exists upon the said premises, or 
 as the case may require] *. 
 
 12. Summons to the Occupier.] This may be in the General Form, 
 No. 8 (A.), ante, p. 26. 
 
 13. Order to permit Execution of Works by Owners. (Sched. (D.) of 
 11 & 12 Viet. c. 123.) 
 
 County of ") Whereas complaint hath been made to me 
 
 [or as the case may be,] > E. F., Esquire, one of her Majesty's justices of 
 to wit. J the peace in and for the county [or borough, 
 
 & C 1 O f 1 [or one of the magistrates of the police courts of the 
 
 metropolis, or as the case may be,] by A. B. owner, within the meaning of 
 the " Nuisances Removal and Diseases Prevention Act, 1848," of certain 
 premises, to wit, a dwelling-house, &c. [then follow verbatim the portion 
 between the asterisks in the Form No. 11, supra :] And whereas the 
 said C. D. having been summoned to answer the said complaint, and not 
 having shown sufficient cause against the same, and it appearing to me 
 that the said works are necessary for the purpose of enabling the said
 
 470 Other Proceedings out of Sessions. [PABT in. 
 
 Oke's Synop. A. B. to obey and carry into effect the provisions of the said act, I do 
 2nd ed. hereby order that the said C. D. do permit the said A. B. to execute the 
 
 pp.402 409. same in the manner required by the said act. 
 
 Given under under my hand and seal, this day of , in the 
 
 year of our Lord one thousand eight hundred and . 
 
 E. F. (L. s.) 
 
 OATHS. 
 
 Id. p. 410. * Declaration in lieu of Oath, given by 5 if 6 Will. 4, c. 62, s. 18. 
 
 1. A. B. [of the parish of , in the county of ,] do solemnly 
 
 and sincerely declare, that, 
 
 [Here insert the foots required, 4~c. as in either of the statements No. 
 
 2 8, infra, or as the case may be.] 
 
 And I make this solemn declaration, conscientiously believing the same to 
 be true, and by virtne of the provisions of an act made and passed in the 
 sixth year of the reign of his late Majesty King William the Fourth, in- 
 tituled " An Act to Repeal an Act of the present Session of Parliament, 
 intituled ' An Act for the more effectual Abolition of Oaths and Affir- 
 mations taken and made in various Departments of the State, and to sub- 
 stitute Declarations in lieu thereof, and for the more entire Suppression 
 of voluntary and extrajudicial Oaths and Affidavits,' and to make other 
 Provisions for the Abolition of unnecessary Oaths." A. B. 
 
 Made and subscribed at , in the county of } 
 
 , this day of , in the year of / 
 
 our Lord 185 , before me, one of her Ma- > 
 
 jesty's justices in and for the said county of I 
 
 . J. S. ) 
 
 2. Statement of Identity by the Party, in case of Misnomer. (Bench 
 F. 460.)] That I am the person who, &c. [describing the party,~] and 
 
 that I am erroneously named in the original register of births [or 
 
 baptisms] of the parish of , in the county of , (a true copy 
 
 from which said register is hereunto annexed, marked A.) : and I do 
 further declare that the names of my parents, or reputed parents, were 
 
 , of , [state profession,'] and his wife, and that I have 
 
 always understood and do verily believe that I was born [or baptized] on 
 or about the : and I do also declare that to the best of my know- 
 ledge and belief, the person named and described in the said annexed 
 
 extract from the said register as " ," relates to the birth [or baptism] 
 
 of me the said A. B., and to no other person whomsoever, as I never 
 
 heard mention of any person of the name of " ," living at or near 
 
 the parish of aforesaid. 
 
 3. Memorandum to be written on a Document annexed.] This is the 
 
 copy of the entry [or extract from the register of , or certificate of 
 
 , or as the case may be] referred to in the annexed declaration of 
 
 A. B., made and subscribed before me, this day of , 185 . 
 
 J. S. 
 
 4. Statement of Identity by a third Parly, in Case of Misnomer, 
 
 (Bench F. 461.)] That A. B. of , erroneously described " " in 
 
 the original register of births [or baptisms] of the parish of , in the 
 
 county of (a true copy from which said register is hereunto annexed, 
 
 marked A.), is the person, &c. [describing the party] ; and I do further 
 declare, that I have well known the said A. B. for years and up-
 
 CHAP, ii.] OATHS. 471 
 
 wards, and that the names of his parents or reputed parents were , Oke's Synop. 
 
 of [state profession], and his wife, and that to the best of my 2nd ed. p. 410. 
 
 knowledge and belief, the person named and described in the said annexed 
 
 extract from the said registrar as " ," relates to the birth [or baptism] 
 
 of the said A. B., and to no other person whomsoever, as I never heard 
 
 mention of any person of the name of" " living at or near the parish 
 
 of aforesaid. 
 
 5. Statement of Identity of Person deceased. (Id. p. 460.)] That 
 
 A. B. named in , and A. C. D. named in the copy of register of 
 
 burials, in &c. hereto annexed, are one and the same person, and not 
 divers persons, I having been well acquainted with him for years. 
 
 6. Statement authenticating a Signature.] That I am well acquainted 
 
 with the style and character of the handwriting of C. D. of , and 
 
 having looked at the several paper writings hereunto annexed, respectively 
 marked A., B., C. and D., I do declare that the names " C. D.," thereunto 
 severally subscribed are, to the best of my judgment and belief, of the 
 proper handwriting of the said C. D. 
 
 7. Statement of Correctness of Copy. ~\ That the paper writing here- 
 unto annexed and marked A., contains a true copy of an entry made in the 
 
 book kept for registering baptisms in the parish of , in the county of 
 
 , so far as relates to the baptism of , and that I carefully exa- 
 mined and compared the same therewith. 
 
 8. Statement of verifying Execution of a Deed, Sfc.] That he this 
 declarant was present and did see C. D. execute the deed now produced 
 to me [or hereunto annexed] marked A, on the day on which the same 
 bears date, and that the name "C. D.," set and subscribed at the foot 
 thereof [and the seal opposite the same name], and the name " A. B." 
 set and subscribed as the witnsss thereto, are of the proper and respective 
 handwriting and seal of the said C. D. and of this declarant. 
 
 9. Affirmation or Declaration of a Quaker or Moravian. (Given in 
 3 & 4 Will. 4, c. 49, s. 1.)] I, A. B., being one of the people called 
 Quakers [or one of the persuasion of the people called Quakers, or of the 
 United Brethren called Moravians, as the case may be~\, do solemnly, sin- 
 cerely and truly declare and affirm, &c. 
 
 10. Affirmation for those who formerly were Quakers or Moravians. 
 (Given in 1 & 2 Viet. c. 77.)] I, A. B., having been one of the people 
 called Quakers [or one of the persuasion of the people called Quakers, or 
 of the United Brethren called Moravians, as the case may bel, and enter- 
 taining conscientious objections to the taking of an oath, do solemnly, 
 sincerely and truly declare and affirm, &c. 
 
 11. Affirmation of Separatists. (Given in 3 & 4 Will. 4, c. 82, . 1.)] 
 I, A. B., do, in the presence of Almighty God, solemnly, sincerely and 
 truly affirm and declare that I am a member of the religious sect called 
 Separatists, and that the taking of any oath is contrary to my religious 
 belief, as well as essentially opposed to the tenets of that sect ; and I do 
 also in the same solemn manner affirm and declare, &c. 
 
 12. Oath on receiving an Information or Complaint.] You C. D. do 
 swear that the contents of this your information [or complaint], signed 
 by you, are true and correct, to the best of your knowledge and I icf. 
 So help you God.
 
 472 Other Proceedings out of Sessions. [PATIT in. 
 
 Oke's Synop. 
 2nd ed. p. 410. PAWNBROKERS. 
 
 1. Information on Oath to ground Search Warrant for unfinished Goods. 
 (39 & 40 Geo. 3, c. 99, s. 12.)] Proceed as in the General Form No. 1, 
 
 ante, pp. 23, 24, to the first asterisk*, then: That on the day of 
 
 , at the parish of in the county of , he the said C. D. did 
 
 entrust A. B. of the parish of in the county of , with certain 
 
 linen [or apparel], to wit, , to wash [scour or mend, as the case may 
 
 be], the property of him the said C. D. 
 
 [or if for goods intrusted to work up : part of , to wit, ; or, 
 
 of a certain branch of , to wit, , of a certain manufacture, 
 
 to wit, ; or, certain materials, to wit, , the property of 
 
 h the said , such goods or materials being plainly in- 
 tended for the composing or manufacturing of certain goods, 
 
 to wit, , after such goods or materials should be put in a 
 
 state or course of manufacture, or into a state for certain process 
 or operation, to wit, , to be thereupon or therewith per- 
 formed, and before such goods or materials were completed for 
 the purpose of wear or consumption,] 
 and that he the said C. D. hath just cause, and doth suspect that the said 
 
 linen [or apparel], on the day of , were unlawfully pawned and 
 
 pledged by the said A. B., and that . F. of the parish of , did, on 
 
 the said day of , at the said parish of , unlawfully take to 
 
 pawn and by way of pledge such linen [or apparel] of the said A. B. so 
 entrusted to the said A. B. as aforesaid, and without the privity or au- 
 thority of the said C. D. aforesaid, the grounds of the suspicion of the 
 said C. D. are [stale them briefly], 
 
 2. Search Warrant thereon. (Id.) 
 
 To the constable of the parish of in the county of . 
 
 ) Whereas information on oath hath this day been made before 
 
 to wit. J me the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said county of , by C. D. of, &c., that [recite complaint 
 
 No. 1, supra] : These are therefore to command you, in her Majesty's name, 
 forthwith to search within the hours of business, the house, warehouse, 
 and other place of the said . F. so charged as aforesaid, as suspected to 
 have received or taken in pawn and pledge such goods [or materials] as 
 
 aforesaid, situate at aforesaid : and if the said E. F., or the occupier 
 
 of the said house, &c. shall, on request made to him to open the same by 
 you, refuse to open the same, and permit the same to be searched, then 
 you are hereby authorized to break open such house within the hours of 
 business, and search for the said goods [or materials], doing no wilful 
 damage ; and if the same or any part thereof shall be found upon such 
 search, that you bring the said goods before me or some other justice of 
 the peace in and for the said county, to be dealt with according to law. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the county aforesaid. 
 
 J. S. (L.S.) 
 
 3. Information to ground Search Warrant for Goods unlawfully pawned. 
 (Id. a. 13.)] Proceed as in No. 1, supra, describing the offence thus: 
 That certain goods, to wit, one pair of trousers, the property of him the 
 said C. D., were lately, to wit, on &c., at &c., unlawfully obtained [or 
 taken] from the said C. D. by one A. B., and that the said goods have 
 been by the said A. B. [or some person unknown] unlawfully pawned 
 [or pledged or exchanged] ; and that he the said C.D. hath just cause, and
 
 CHAP, ii.] PAWNBROKERS -POOR. 473 
 
 doth suspect that E. F., using and exercising the business of a pawnbroker Oke's Synop. 
 
 at the parish of , in &c., hath taken to pawn and by way of pledge 2nd ed. p. 410. 
 
 the said goods so obtained [or taken] as aforesaid, and without the privity 
 or authority of the said C. D. as the owner thereof; and the grounds of 
 the suspicion of the said C. D. are [state them briefly.'] 
 
 4. Seat ch Warrant thereon. (Id.)] This will be similar to Form No. 2, 
 supra. 
 
 5. Award of Satisfaction to the Party injured, when Goods by Neglect, $c. 
 
 are rendered of less Value than when pawned. (Id. s. 24.) FromToone, 
 
 4th ed. p. 627. 
 
 J Whereas complaint hath been made unto me the undersigned, 
 
 to wit. \ one of her Majesty's justices of the peace for the county of , 
 
 upon the oath of C. D., of &c., that he did on the day of , pawn 
 
 with A. B., of &c., pawnbroker, the following goods, to wit, : And 
 
 whereas it is proved to my satisfaction upon oath that the said goods so 
 pawned are rendered of less value than the same were at the time of 
 pawning thereof, through the default of the said A. B., to whom the said 
 
 goods were so pawned : I do, therefore, hereby award the sum of to 
 
 the said C. D., the owner of the said goods, in respect of the said damage ; 
 and I do hereby direct that the said sum shall be deducted out of the 
 principal and interest, and allowance for warehouse room, which shall 
 appear to be due to the said A. B.,to whom the said goods were so pawned. 
 Given, &c. [as No. 2, supra.] 
 
 POOR. 
 
 %* A great many Forms which properly belong to this title, especially Id. 
 
 those relating to the removal of the poor, &c., have been omitted, because 
 the law of settlement is likely to be soon greatly altered, and to give Forms 
 in its present uncertain state, imperfect though they must be, would be to 
 materially increase the bulk of the work unnecessarily. Those now in 
 use may be had of the regular publishers of such Forms, and for in- 
 formation the reader must refer to the many published works, i. e. 3 Arch. 
 3. P., 4th ed.; Arch. Removal Act; Lumley's ditto ; Cox's ditto : Arch. 
 Law of Examinations, 1847 ; Symons on Parish Settlements, &c. 
 
 1. Appointment of Assistant Overseer by Two Justices. (59 Geo. 3, 
 c. 12. s. 7.) 
 
 County of } Whereas C. D., of the parish of N., in the said county 
 
 v [ car penter] was, on the day of last, at , 
 
 to wit. 5 duly nominated and elected by the inhabitants of the said 
 parish of N. in the same county, then and there in vestry assembled, to 
 be assistant overseer of the poor of the said parish ; and the said inhabi- 
 tants did then and there determine and specify the following duties of 
 overseer of the poor, which by the said C. D. shall be executed and per- 
 formed, that is to say [here specify the duties'] ; and the said inhabitant, 
 then and there did also fix the yearly salary of the said C. D. to be 
 nounds for his execution of the said office, to be paid to him half-yearly, 
 on the 25th day of March and the 29th day of September in every 
 year We therefore, two of her Majesty's justices of the peace in and for 
 the said county, in pursuance of the statute in such case made and pro- 
 vided, do hereby appoint the said C. D., so nominated and elected at
 
 474 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. aforesaid, to be assistant overseer of the poor of the said parish, for the 
 
 2nd ed. p. 411. purpose of executing the said duties so specified, and with the said yearly 
 
 salary so fixed by the said inhabitants in vestry assembled as aforesaid. 
 
 Given under our hands and seals, this day of , in the year of 
 
 our Lord , at , in the county aforesaid. 
 
 [Justices' signatures and seals.] 
 
 2. Certificate of Chargeability of Paupers. (Given in sched. to 7 & 8 Viet. 
 
 c. 101 ; see 11 & 12 Viet. c. 110, s. IT, as to how long in force.) 
 
 The board of guardians of the poor of the union [or parish of 
 
 ,] do hereby certify, that on the day of , A. B., and his 
 
 wife C. B., and his child E. B., became chargeable to the parish of 
 
 in the said union [or to the said union.] In testimony whereof the com- 
 mon seal of the said guardians is hereunto affixed at a meeting of their 
 
 board, this day of , 18 . 
 
 (L.S.) (Signed) W. J., Presiding Chairman of the said Board. 
 (Countersigned) C. D., Clerk [or acting as Clerk] to the Board 
 of Guardians of . 
 
 3. Order of a Justice for temporary Relief to a Stranger. (4 & 5 Will. 4, 
 
 c. 76, s. 54.) 
 
 To the churchwardens and overseers of the poor of the parish of 
 
 , in the said county. 
 
 County of -\ Whereas it hath been proved upon oath before me the 
 
 ^undersigned, one of her Majesty's justices of the peace for 
 
 to wit. J the said county, that one C. D., now in your parish,* but not 
 settled nor usually residing there, is now in a state of sudden and urgent 
 necessity and distress [here state some particulars], and that he hath on 
 
 , the day of instant, applied to you for relief, but that you 
 
 have refused and neglected to give him the same ; J, the said justice, do 
 therefore order and command you, the said churchwardens and overseers 
 
 of the poor of the parish of aforesaid, to give to the said C. D. such 
 
 temporary relief as his case shall require, in articles of absolute necessity, 
 but not in money, and particularly that you forthwith give him [here state 
 anything which in the opinion of the justice should bejurnished to the pauper.] 
 
 Given under my hand, this day of , in the year of our Lord 
 
 , at , in the county aforesaid. 
 
 4. The like,Jbr temporary Medical Relief. (Id.)] Proceed as in No. 3, 
 supra, to the asterisk *, then : is afflicted with a sudden and dangerous 
 
 illness [here state some particulars,] and that he hath on the day of 
 
 instant, applied to you to procure for him medical relief, but that 
 
 you have refused and neglected to procure the same for him ; I, the said 
 justice, do therefore order and command you, the said churchwardens and 
 
 overseers of the poor of the parish of aforesaid, to procure forthwith 
 
 for the said C. D. such medical relief, attendance and assistance as his 
 state of sudden and dangerous illness may require, and particularly that 
 you forthwith [cause the surgeon who usually attends upon the paupers 
 in your parish, or some other skilful medical practitioner, to attend upon 
 and prescribe for the said C. D.] Given, &c. [as No. 3, supra.] 
 
 5. Complaint for Relief. (3 Arch. J. P. 217, 4th ed.)] J. S., of the 
 
 parish of , in the county of , labourer, maketh oath and saith, 
 
 that [here state the cause or ground Jbr applying for relief,] and that be 
 did, on the day of instant, apply to A. B. and C. D., two of the
 
 CHAP, ii.] POOR. 475 
 
 overseers of the poor of the said parish, for relief, and that he was by them Qke's Svnoo 
 refused to be relieved. 2nd e(L ' 4 f{ 
 
 J. S. 
 
 Sworn at , in the county of \ 
 
 , this day of , 185, f 
 
 before me, one of her Majesty's jus- 
 tices of the peace for the said county. ) 
 J. P. 
 
 6. Summons to Two of the Overseers. (Id.) 
 
 To the constable of . 
 
 i Whereas J. S., of the parish of , in the county of , 
 
 , 
 
 to wit. $ labourer, hath this day made oath before me, the undersigned, 
 one of her Majesty's justices of the peace in and for the county aforesaid, 
 that [here state the substance of the pauper's affidavit J : These are therefore 
 to require you to summon two of the overseers of the poor of the said 
 
 parish to appear before me, at , on , the day of next, 
 
 at the hour of in the forenoon, to show cause why relief should not 
 
 be given unto the said J. S. [and his family] ; and be you then there to 
 certify what you shall have done in the premises. Herein fail you not. 
 Given under my hand and seal, &c. 
 
 7. Order of Relief . (Id. p. 218.) 
 
 To the churchwardens and overseers of the poor of the parish of , 
 
 in the said county. 
 
 l Whereas J. S., of the said parish, labourer, hath made oath be- 
 to wit. t fore me the undersigned, one of her Majesty's justices of the peace 
 
 in and for the said county, that [set ting out the pauper's complaint, but in the 
 past tense'] ; and whereas two of the overseers of the poor of the said parish 
 were thereupon duly summoned to appear before me to show cause why 
 relief should not be given unto the said J. S. and his said family, [and one 
 of them accordingly appeared before me, but did not show any sufficient 
 cause why such relief should not be given ; or, but neither they nor any 
 other of the overseers of the poor of the said parish appeared before me 
 according to the exigency of the said summons, but therein made default] : 
 These are therefore to require and order you, the said churchwardens and 
 overseers of the poor of the said parish, to relieve the said J. S. and his 
 
 said family [by paying to him the sum of each and every week], 
 
 so long as the cause for such relief as aforesaid shall continue. Given 
 under my hand and seal, &c. 
 
 8. Summons to repay Relief, given by way of Loan. (4 & 5 Will. 4, 
 
 c. 76, ss. 58, 59 ; 3 Arch. J. P., 4th ed. 227, 228.) 
 To C. D. of , in the said county, labourer. 
 
 } Whereas application hath this day been made unto me, the 
 
 to wit. \ undersigned, one of her Majesty's justices of the peace in and 
 
 for the county aforesaid, by E. F., one of the overseers of the noor of the 
 parish of G. in the said county, for a summons to you the said C. D. to 
 appear before me or such other justice of the peace for the said county, to 
 show cause why an order should not be made requiring you to repay unto 
 the overseers of the poor of the said parish divers sums of money, amount- 
 ing in the whole to the sum of , received by you [or by your wife, 
 
 A. D.] from them, as relief by way of loan, from time to time, heretofore 
 and within one year before this date : These are therefore to require you, 
 C. D , to appear before me or such others of her Majesty's justices of the 
 
 peace for the said county as may be present at , on , at the hour 
 
 of in the forenoon, to show cause why an order should not be made
 
 476 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. as aforesaid, requiring you to repay to the overseers of the poor of the said 
 2nd ed. p. 411. parish of G. the said several sums aforesaid. Given under my hand and 
 seal, &c. 
 
 9. Order for Payment. (Id.) Whereas, heretofore, on the 
 
 day of , application was duly made unto J. P. Esquire, one of 
 
 her Majesty's justices of the peace in and for the county aforesaid, 
 by E. F., one of the overseers of the poor of the parish of G. in the 
 said county, for a summons to C. D. to appear before two justices 
 of the peace for the same county, to show cause why an order should 
 not be made requiring him to repay unto the overseers of the poor of 
 the said parish divers sums of money, received by him [or by the wife 
 of him] the said C. D. from the said overseers, as relief by way of loan, 
 from time to time heretofore and within one year before the date of the 
 said application, and the said C. D. now appearing before us G. N. and 
 H. O., Esquires, two of her Majesty's justices of the peace for the said 
 county, and it being now duly proved to us, in the presence and hearing 
 of the said C. D., that the several sums of money aforesaid, amounting 
 
 altogether to the sum of , was so received by [the wife of] him the 
 
 said C. D. from the overseers of the poor of the said parish of G. in the 
 said county, as relief by way of loan as aforesaid within the time afore- 
 said, and that the same now remains due and unpaid, and upon examination 
 by us into the circumstances of the said C. D. it appearing to us that he is 
 
 able [by weekly instalments] to repay the whole [or a part, to wit, ] 
 
 of the money so received by him [or his wife] as aforesaid, and no suffi- 
 cient cause being shown to us why he the said C. D. should not repay the 
 same: We, the said G. N. and H. O., as such justices as aforesaid, in 
 pursuance of the statute in such case made and provided, do hereby order 
 and direct the said C. D. to repay unto the overseers of the poor of the 
 
 said parish of G. the said sum of , by instalments of weekly 
 
 and every week, until the said sum of shall be fully paid]. Given 
 
 under our hands and seals, &c. 
 
 10. Commitment for Non-payment. (Id.) 
 
 To the constable of and to the keeper of the house of correc- 
 tion at in the said county. 
 
 \ Whereas by an order under the hands and seals of G. N. and 
 
 to wit. J H. O., duly made and dated the day of - instant, C. D. 
 
 of was ordered and directed to pay [by weekly instalments of ] 
 
 unto the overseers of the poor of the parish of G. the sum of , being 
 
 [parcel of] the amount of divers sums of money heretofore received by 
 the wife of] the said C. D. from the said overseers as relief by way of 
 aan ; and [although instalments of the same, amounting to , 
 
 have become due on , &c.l it hath now been proved to us that the 
 
 same hath been duly demanded of the said C. D., but that the said C. D. 
 hath not paid the same or any part thereof: These are therefore to com- 
 mand you the said constable of aforesaid to take the said C. D., and 
 
 him safely to convey to the house of correction at , and there to 
 
 deliver him to the said keeper thereof, together with this precept; and 
 we do hereby command you the said keeper of the said house of correction 
 there to imprison him for the space of [three calendar months], unless 
 
 the said sum of , so due and payable by virtue of the said order, 
 
 shall be sooner paid ; and for your so doing this shall be your sufficient 
 warrant. Given under our hands and seals, &c. 
 
 11. Complaint to attach Wages. (Id. s. 54.)] The information of 
 
 E. F., one of the overseers of the poor of the parish of [or as the case 
 
 may 6e], in the county of , taken upon oath before me, the under- 
 signed, one of her Majesty's justices of the peace in and for the said
 
 CHAP, ii.] POOR. 477 
 
 county the day of , in the year of our Lord one thousand eight Qke's Synop. 
 
 hundred and fifty, who saith, that [the cost price of] certain relief, to wit, 2nd ed. p. 411. 
 
 [insert the. kind of relief] given to one C. D., a poor person above the age 
 
 of twenty-one years, of and belonging to the said parish (who had applied 
 
 for the same) by the overseers of the poor of the said parish, was and is 
 
 under the rules, orders and regulations of " The Poor Law Commissioners 
 
 for England and Wales," directed to be given to the said poor person, by 
 
 way of loan, from the day of until the day of , when 
 
 the same was to be repaid, and the said overseers of the poor did relieve 
 
 the said poor person by [insert the kind of relief], on or from the 
 
 day of until the said day of inclusive, by way of loan 
 
 only, [the cost price of] which relief altogether amounts to the sum of 
 
 , and that he the said E. F. hath applied to the said poor person for 
 
 repayment of the same, which he hath neglected and refused to pay, and 
 the same still remains due and unpaid ; therefore the said E. F. now 
 applies to me the said justice and prays that the said poor persons C. D., 
 
 and F. G., of the parish of , in the county of , farmer, the master 
 
 and employer of the said poor person, may be summoned to appear before 
 two of her Majesty's justices of the peace in and for the said county of 
 
 , to show cause why any wages now due, or which may from time to 
 
 time become due from such master and employer to the said poor person, 
 should not be paid over in whole or in part to the said overseers of the 
 poor for repayment of the said loan pursuant to the statute in such case 
 made and provided. E. F. 
 
 Exhibited and sworn before me, the day 
 and year first above written. 
 
 12. Summons to the Man and Master. 
 
 To C. D. of the parish of in the county of , and to F. G. of 
 
 the parish of in the county of , farmer, the master 
 
 and employer of the said C. D. 
 
 } You are hereby severally required personally to be and appear 
 
 to wit. i before such two of her Majesty's justices of the peace in and for 
 
 the said county of as shall be present at in the said county on 
 
 1 the day of , at o'clock in the noon, then and 
 
 there to show cause why any wages now due, or which may from time to 
 time become due, from you the said master and employer to the said C. D., 
 
 a poor person chargeable to the parish of , should not be paid over in 
 
 whole or in part to the overseers [or guardians] of the poor of the parish 
 
 of in the said count)', in payment and discharge of the sum of , 
 
 being [the cost price of] relief given by way of loan to the said C. D. by 
 the said overseers [or guardians] of the poor in virtue of the rules, orders 
 and regulations of " The Poor Law Commissioners for England and 
 
 Wales," bearing date the day of , proof upon oath of such relief 
 
 having been given to the said poor person, and of the said sum still re- 
 maining due and unpaid. Given under my hand, this day of , 
 
 in the year of our Lord one thousand eight hundred and . 
 
 13. Order to attach Wages.'] Whereas on the day of -last, 
 
 E. F., one of the overseers of the poor of the parish of , in the 
 
 county of , gave information upon oath unto J. P., Esquire, one of 
 
 his Majesty's justices of tbe peace in and for the said county , that [the 
 cost price of], certain relief, to wit [insert the article* given], given 
 to one C. D., a poor person above the age of twenty-one years, of and 
 belonging to the said parish, who had applied for the same, by the over- 
 seers of the poor of the said parish, was, under the rules, orders and re-
 
 478 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. gulations of the Poor Law Commissioners for England and Wales, 
 
 2nd ed. p. 411. given to the said poor person by way of loan, from the day of 
 
 until the day of , when the same was to be repaid; and the 
 
 said overseers of the poor did relieve the said poor person by [insert the 
 
 articles given], on and from the said day of , until the said 
 
 day of inclusive, by way of loan only [insert the cost 
 
 price], which relief altogether amounted to the sum of , and that he 
 
 the said overseer of the poor had applied to the said poor person for re- 
 payment of the same which he had neglected and refused to pay, and 
 the same still remained unpaid ; and whereas the said poor person, and 
 
 F. G. of , in the said county of , the master and employer of 
 
 the said poor person having been duly summoned to appear before us, 
 the undersigned, two of his Majesty's justices of the peace in and for the 
 said county, to show cause why any wages due, or which may from 
 time to time become due from the said master and employer of the said 
 poor person, should not be paid over in whole or in part to the said over- 
 seeers of the poor for repayment of the said loan pursuant to the statute 
 in such case made and provided, and the said F. G. appeared iu pursu- 
 ance of such summons, and hath not shown any cause to the contrary ; 
 and whereas proof upon oath is now given before us, the undersigned 
 
 justices, that the said sum of hath been given in relief to the said 
 
 poor person by way of loan as aforesaid, and that [part, to wit, the sum 
 
 of ], the same still remains due and owing from him to the said 
 
 overseers of the poor ; and that he is in the employment of the said 
 
 F. G. as a , at the wages of , and that there is now due [or 
 
 that on the day of there will be due in intermediate weekly 
 
 payments], on account of such wages the sum of from the said 
 
 master and employer of the said poor person to the said poor person : 
 We do therefore, in pursuance of the statute aforesaid, after taking into 
 consideration the circumstances of the said poor person and his family, 
 hereby order and direct the said master and employer of the said poor 
 person to pay the sum of , being the amount of such relief so re- 
 maining unpaid as aforesaid, by weekly [or monthly, or otherwise] in- 
 stalments of , on in each and every week for weeks out 
 
 of such wages as aforesaid to the said overseers of the poor, or one of 
 
 them, the first payment thereof to be made on the day of . 
 
 Given under our hands and seals the day of , in the year 
 
 of our Lord one thousand eight hundred and . 
 
 14. Distress Warrant thereon.'] Proceed in the General Form No. 66 
 (N. 2), ante, p. 57, but first reciting the order, No. 13, supra, then the non- 
 payment. 
 
 15. Commitment in Default of Distress.'} Proceed in the General 
 Form No. 71, ante, p. 59, reciting first the order No. 13, supra, then 
 nonpayment, the issue of the Distress Warrant and Constable's return of 
 nulla buna. 
 
 16. Assignment of Pension from Chelsea Hospital. (Given in 2&3 
 Viet. c. 51, s. 3, Scned. D.)] I, [naming the pensioner, and the regiment 
 
 from which he was discharged,'] do hereby assign to the guardians of the 
 
 union [or parish of , or as the case may be, the churchwardens and 
 
 overseers of the poor of the parish of ], in which union [or 
 
 parish] I am now residing, the next payment of my pension at the rate 
 
 of per diem, granted to me as , and payable from , in 
 
 order to secure to the said union [or parish] of , the repayment of
 
 CHAP, ii.] POOR. 479 
 
 the sum of advanced to me by such guardians [or churchwardens Qke's Synop. 
 
 and overseers] out of the funds of the said union [or parish]. 2nd ed. p. 411. 
 
 Pensioner. 
 
 Signed by the above-named , 
 
 before me, one of her Majesty's 
 
 justices of the peace for , 
 
 this day of , one thou- 
 sand eight hundred and . 
 
 Justice. 
 
 We do hereby certify the above assignment to be made pursuant to act 
 2 & 3 Viet. c. 51, intituled, "An Act to Regulate the Payment and 
 Assignment in certain Cases of Pensions granted for Service in her 
 Majesty's Army, Navy, Royal Marines and Ordnance," and to be for 
 
 relief given out of the funds of the said union [or parish] on the 
 
 day of , at a meeting of the board of the said guardians. 
 
 A. A., Chairman, 
 A. B., Clerk, 
 
 [or C. D., the churchwarden, and 
 D. E., the overseer of .] 
 
 [Vide s. 3, how and to whom this is to be transmitted.] 
 
 17. The like, of Greenwich Out-Pension. (Given in 2 & 3 Viet c. 51, 
 s. 3, Sched. E.)] I [naming the pensioner], do hereby assign to the 
 
 guardians of the union [or parish of , or as the case may be, the 
 
 churchwardens and overseers of the poor of the parish of ], in which 
 
 union [or parish] I am now residing, the next payment of my Greenwich 
 
 out-pension at the rate of per annum, granted to me as , and 
 
 payable from , in order to secure to the said union [or parish] of 
 
 , the repayment of the sum of advanced to me by such guar- 
 dians [or churchwardens and overseers], out of the funds of the said 
 union [or parish]. 
 
 [ This is signed and certified as Form No. 1 6, supra."] 
 
 18. The like, of any Civil or Military Service (not as Chelsea or 
 Greenwich Out-Pension). (Given in 2 & 3 Viet. c. 51, s. 3, Sched. E E.)] 
 I [naming the person] do hereby assign to the guardians of the union 
 [or parish] of [or as the case may be, the churchwardens and over- 
 seers of the poor of the parish of ], in which union [or parish] I am 
 
 now residing, the next payment of my [here state whether for pension or 
 allowance in civil or military services (not as Chelsea or Greenwich out- 
 pensioner)'], at per annum, and payable from , in order to 
 
 secure to the said union [or parish] of the repayment of the sum of 
 
 , advanced to me by such guardians [or churchwardens and over- 
 seers] out of the funds of the said union [or parish.] 
 
 [This is signed and certified as the Form No. 16, supra, vide s. 3, how 
 to be transmitted.] 
 
 19. Complaint for an Order for Payment of Pension, where Family of 
 Pensioner have become chargeable. (2 & 3 Viet. c. 51, s. 4.) 
 
 j The complaint of C. D., of, &c., one of the guardians of the 
 
 to w it. I union [or one of the churchwardens and overseers of the 
 
 parish of , in the county of , or relieving officer of the 
 
 union], made on oath to us the undersigned, two of her Majesty's justices 
 
 of the peace for the county of [wherein the said union or parish is 
 
 situate] this day of , in the year of our Lord , who saitb,
 
 480 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Svnop l ^ a * ^" ^'' ^ ate a - m l ^ e - Dut now as ^ e sa '^ ^' 
 2nd ed. p. 411. informed and believes, an out-pensioner of the royal hospital at - 
 from the said - , at the rate of - per diem, hath suffered - his 
 lawful wife, and - of his lawful children, namely - , to become 
 chargeable to the said union [or parish] of - , and that they are main- 
 tained at the expense of : per week by the said union [or parish] ; 
 and the said C. D. therefore prays such redress in the premises as is 
 given by the statute in such case made and provided. 
 
 Taken and sworn before us the day and C. D. 
 
 year first above written. 
 
 J. S. 
 J. L. 
 
 20. Magistrate's Order for Payment of Pension to Guardians or Parish 
 (embodying the Three Forms given in Schedules F. G. and H. of 2 & 3 
 Viet. c. 51.) 
 
 To the Right Honourable the Lords and others, Commissioners of 
 
 the Royal Hospital, Chelsea [or if a Greenwich out-pension, or 
 
 any other pension or allmcance, " to her Majesty's Paymaster 
 
 General."] 
 
 County of ( Whereas complaint upon oath hath been made unto us, two 
 
 - i of her Majesty's justices of the peace acting in and for the 
 said county, by the - of the union [or parish] of - , in the county 
 aforesaid, that - , late a soldier in the - regiment of - , but now 
 a pensioner of the Royal Hospital at Chelsea from the said regiment, at 
 the rate of - per diem, 
 
 [or if a Greenwich out -pensioner, that - , a Greenwich out-pen- 
 
 sioner, No. - , at the rate of - per annum,] 
 [or if receiving any other pension or allowance, that - , a person 
 entitled to [here state whether for pension or allowance in civil or 
 military service, not as Chelsea or Greenwich out-pensioner], at 
 the rate of - per annum,] 
 
 hath suffered his - to become chargeable thereto, and that - , now 
 maintained by the said union [or parish] at the expense of - per 
 week, and due proof having been given to us of the said - being the 
 lawful wife [or lawful children] of the said - [or that the said - is 
 liable to maintain the said - , as the case may be~\ : Now we do hereby, 
 in pursuance of the statute in that case made and provided, order and 
 direct, that - [one moiety, or two-thirds, as the case may be] of the 
 next payment which shall become due of such pension shall be paid by 
 the said commissioners, 
 
 [or if a Greenwich out-pensioner, or any other, by her Majesty's 
 
 Paymaster General,] 
 
 to the guardians [or churchwardens and overseers] of the said union 
 [or parish] of - , in order that they may retain ana apply the same, or 
 so much thereof as shall have been actually expended as aforesaid, for 
 the use and indemnity of the said union [or parish], paying the overplus 
 (if any) to the pensioner or person entitled thereto. Given under our 
 hands and seals, this - day of - , in the year of our Lord - , at 
 -- , in the county aforesaid. 
 
 21. Certificate of Insanity of Pensioner. (2 & 3 Viet. c. 51, s. 5.) 
 County of ^ I, J. S., Esquire, one of her Majesty's justices of the peace 
 
 - >for the county of - , do hereby certify to the Lords Corn- 
 to wit. ) missioners of Chelsea Hospital, pursuant to the act 2 & 3 
 
 Viet. c. 51, s. 5, that due proof hath been made to me, that - , pen- 
 sioner of - hospital, No. - , at - per annum, is labouring under
 
 CHAP. II.] POOR. 
 
 481 
 
 insanity, and is maintained at the expense of the parish of , in the Oke's Svnop 
 
 said county [or at asylum, at , in the said county.] Given 2nd ed. p. 411. 
 
 under my hand, this day of , 1850. 
 
 J.S. 
 
 22. Complaint for an Order of Maintenance upon a Relation. (43 Eliz 
 c. 2, 8 .7; 59 Geo. 3, c. 12, s. 26 ; 4 & 5 Will. 4, c. 76, s. 78. See also 
 11 &12 Viet. c. 110, s. 8.) 
 
 ) The complaint of C. D., one of the overseers of the poor of the 
 
 to wit. i parish of , in the said county, on behalf of himself and the 
 
 other churchwardens and overseers of the poor of the same parish, made 
 to me [or us] the undersigned, one [or two] of her Majesty's justices of 
 
 the peace for the said county of , this day of , in the year 
 
 of our Lord , at , in the same county, in petty sessions, who 
 
 saith, that one A. B is now poor and unable to work, so as to maintain 
 or support himself, and is now chargeable to the said parish, and that one 
 
 C. B., dwelling at the parish of , in the said county of , is the 
 
 [son] of the said A. B., and is of sufficient ability to relieve and maintain 
 the said A. B. his [father] : The said churchwardens and overseers 
 therefore pray that the said C. B. may be summoned to show cause why 
 an order should not be made requiring him to relieve and maintain the 
 said A. B. his [father.] C. D. 
 
 Exhibited before us, J. L., J. S. 
 
 23. Summons thereon.] This may be in the General Form No. 8 (A), 
 ante, p. 26. 
 
 24. Order thereon. (Adapted from 3 Arch. J. P. 203, 4th ed.) 
 
 J Whereas on the day of last complaint was made 
 
 to wit. tby C. D., one of the overseers of the poor of the parish of , 
 
 in the said county, on behalf of himself and the other churchwardens and 
 overseers of the poor of the same parish, to I. S., Esquire, one, &c., that 
 one A. B. [SfC., recite complaint in past tense~\ : and now, at this day, to 
 wit, on , at , the parties aforesaid appear before us the under- 
 signed, two of her Majesty's justices of the peace in and for the said 
 
 county of , in petty sessions assembled in and for the division of 
 
 , in the same county : 
 
 [or the said C. D., the said overseer, appears before us, &c., but the 
 said C. 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 C. B. hath been duly served with the sum- 
 mons in this behalf, which required him to be and appear 
 here at this day, before such justices of the peace for the said 
 county as should now be here, to answer the said complaint, 
 and to show cause why an order should not be made requiring 
 him to relieve and maintain the said A. B. his [father] : 
 And now, having heard the matter of the said complaint, and we, the said 
 justices, having duly considered what has been alleged and proved before 
 us in this behalf, do adjudge and determine that the said A. B. is poor, 
 and unable to work, so as to maintain or support himself, and that he is 
 
 actually chargeable to the said parish of , and that the said C. B. is 
 
 the [son] of the said A. B., and is of sufficient ability to relieve and main- 
 tain the said A. B. his [father] ; and it being proved to us that the said 
 C. B. now dwells within our jurisdiction, to wit, at the said parish of 
 
 , we do therefore order that the said C. B. shall, upon notice of this 
 
 our order, pay or cause to be paid to the churchwardens and overseers of 
 the poor of the said parish of for the time being, or to some or one
 
 482 Other Proceedings out of Sessions. [PAIIT in. 
 
 Oke's Synop. of them, weekly and every week, from this present time, the sum of , 
 
 2nd ed. p. 411. for and towards the relief and maintenance of the said A. B. for and 
 during so long a time as the said A. B. shall be chargeable to the said 
 
 parish of , or until the said C. B. shall be lawfully ordered to the 
 
 contrary. Given under our hands and seals, this day of , in 
 
 the year of our Lord , at , in the county aforesaid, and at the 
 
 petty sessions aforesaid. [Justices' signatures and seals.] 
 
 25. Statement of Offence for the Conviction (No. 39 (LI), ante, p. 38), 
 in making Default in paying the Money under the last Order.] That by a 
 certain order of J. S., and J. L., Esquires, two of her Majesty's justices 
 
 of the peace for the said county of , made at a petty sessions holden 
 
 on , at , for the division of in the same county, reciting 
 
 that [here set out the reciting part of the order in the past tense, and third 
 person], it was therefore ordered that &c. ; that after the making of the 
 said order, to wit, on &c. at &c., a true copy of the same was personally 
 served upon and delivered unto the said C. B., and the original thereof at 
 the same time shown to him, yet that the said C. B. nevertheless hath not 
 
 paid unto the churchwardens and overseers of the said parish of for 
 
 the time being, the said weekly sum of for the weeks respectively 
 
 ending on the and , amounting in all to , but therein 
 
 wholly has failed and made default, although the same have often been 
 demanded of him the said C. B., contrary, &c. 
 
 N.B. This conviction is enforced by the general forms of Distress 
 Warrant &c. No. 53 (N. 1) 58, p. 5052. 
 
 26. Order of Two Justices to seize Property of Persons running away, 
 and leaving Family chargeable. (5 Geo. 1, c. 8, s. 1.) See form in 
 3 Arch. J. P. 4th ed. p. 207. 
 
 27. Notice to quit a Parish Cottage. (59 Geo. 3, c. 12, s. 24.) 
 
 To A. B., of the parish of , in the county of , labourer. 
 
 ) Under and by virtue of the provisions of an act passed in the 
 
 to wit. J fifty-ninth year of King George the Third, intituled " An Act 
 to amend the Laws for the Relief of the Poor," we hereby give you notice 
 to quit the parish [or town] house, [or tenement, or dwelling, or as the 
 case may be], belonging to [or provided by, or at the charge of] the pa- 
 rish of , in the county of , for the habitation of the poor thereof, 
 
 which you have been permitted to occupy in the said parish [or as the 
 case may be, as: into which you have unlawfully intruded yourself], situated 
 
 at , in the said parish, and deliver up the possession thereof to us, 
 
 the churchwardens and overseers of the poor of the said parish of , 
 
 or to some or one of us within one month after this notice and demand in 
 writing for that purpose, pursuant to the statute in that case made and 
 provided. 
 
 Dated this day of , in the year of our Lord . 
 
 [Churchwardens' signatures.] 
 [Overseers' signatures.] 
 
 28. Information for refusing to quit Parish Cottage. (Id.) 
 
 ( The information and complaint of C.D., one of the overseers 
 
 to wit. i of the poor of the parish of , in the said county, made on 
 
 oath before the undersigned, two of her Majesty's justices of the peace in 
 
 and for the said county of , the day of , in the year of our 
 
 Lord , at , in the same county, who saith that A. B., a poor
 
 CHAP, ii.] POOR. 483 
 
 person residing in the parish of - , in the said county, having been Oke's Synop. 
 
 permitted to occupy [or having unlawfully intruded himself into] a parish 2nd ed. p. 411. 
 
 [or town] house, [or tenement, or dwelling, or as the case may be], be- 
 
 longing to [or provided by, or at the charge of] the said parish of - , 
 
 situate at - , hi the said parish, has refused [or neglected] to quit the 
 
 same, and deliver up the possession thereof to the churchwardens and 
 
 overseers of the poor of the said parish of - , within one month after 
 
 notice and demand in writing for that purpose, contrary to the statute in 
 
 such case made and provided ; and further, that notice and demand in 
 
 writing for that purpose, signed by - , the [or major part of the] said 
 
 churchwardens and overseers of the poor, was, on the - day of - 
 
 - last, deh'vered to him personally [or, in his absence, affixed on the 
 
 door, or on - , a notorious part of the said premises] : The said com- 
 
 plainant therefore prays such redress in the premises as to law does 
 
 appertain. 
 
 C. D. Overseer of the poor. 
 
 Before us 
 
 j J' 
 
 29. Summons thereon.'] This may be in the General Form No. 8 (A), 
 ante, p. 26. 
 
 30. Warrant to give Possession. (Id.) 
 
 To the constables of the parish of - , in the county of - . 
 
 - > Whereas C. D., one of the overseers of the poor of the parish 
 
 to wit. \ of - , in the said county of - , did on the - day of - 
 
 last make information and complaint on oath before the undersigned, two 
 
 of her Majesty's justices of the peace in and for the said county of - -, 
 
 that A. B. &c. [recite complaint in past tense'} : And whereas we, the said 
 
 justices, did on the said - day of - issue our summons to the said 
 
 A. B. to appear before us at - , in the said county of ^ -- , on this - 
 
 day of - , in the year of our Lord - , at - o'clock in the - 
 
 noon of the same day,* and the said A. B. hath this day appeared in pur- 
 
 suance of the said summons, and is now present before us the said justices: 
 
 [or if defendant does not appear, say from the asterisk * : and the 
 
 said A. B. not having appeared in pursuance of the said sum- 
 
 mons, due proof upon oath is now made before us the said jus- 
 
 tices, by J. N., of the said parish of - , constable, that such 
 
 summons was, seven days at the least before the time appointed 
 
 for hearing the said complaint, to wit, on the - day of -, 
 
 delivered by the said J. N. to the said A. B. [or affixed on the 
 
 said premises in his absence, as the case may be] ] : 
 
 And we, J. S., and J. L., the justices aforesaid, present at the , on 
 
 the _ - day of - , have proceeded to hear upon oath and determine 
 
 the matter of the said complaint [in the presence of the said A BJ, ar 
 
 do find and adjudge the same to be true: We do therefore charge and 
 
 command you, or Lie or one of you, that you forthwith cause possession 
 
 of premises in question [or such land, s 25] to be delwered to the 
 
 churchwardens and overseers of the poor of the said pansh of- -, or 
 
 urnler our hands and seals, this day of , in the year of 
 
 our Lord at , in the county aforesaid. 
 
 [Justices' '""I'*"" and teals.] 
 
 n2
 
 484 
 
 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. 
 2nd ed. p. 411. 
 
 31. Justices' Order excusing a poor Person from Payment of a Poor's 
 Rate. (54 Geo. 3, c. 170, s. 11.) 
 
 County of) Whereas application hath been this day made unto us the 
 
 /-undersigned, two of her Majesty's justices of the peace in and 
 
 to wit. ) for the said county, acting for the division of , in which 
 
 the parish hereinafter mentioned is situated, assembled in petty sessions 
 in and for the said division, by C. D., of the parish of I., in the said 
 division and county, a person rated to the rates or cesses within the said 
 parish, to be discharged therefrom, and due proof having been given of 
 
 his inability through poverty to pay the sum of , at which he is rated 
 
 and charged by a certain rate or cess made for the relief of the poor of 
 
 the said parish, bearing date the day of , one thousand eight 
 
 hundred and fifty : Now we the said justices, upon such application 
 
 and due proof as aforesaid, and with the consent of the churchwardens 
 and overseers of the poor of the said parish, now here present before us, 
 
 [or of a person, or persons competent to act under the authority of 
 
 a certain act, or acts of parliament in such case made and provided, for the 
 ordering, management, control or direction of the poor of the said parish] 
 and by authority of the statute enabling us in this behalf, do hereby order 
 and direct that the said C. D. be excused from the payment of the said 
 sum of , at which he is so rated and charged by the rate or cess for 
 the relief of the poor aforesaid, bearing date as aforesaid, and have accord- 
 ingly struck out his name therefrom. 
 
 Given under our hands and seals, this day of , one thousand 
 
 eight hundred and fifty, at , in the county aforesaid. 
 
 32. Order for Excusal of several Persons from different Rates at the 
 same Time. (Id.) 
 
 County of \ We, two of her Majesty's justices of the peace for the said 
 
 ^county, and acting for the division of therein, on the 
 
 to wit. 3 application of the persons whose names are mentioned and 
 set out in the schedule hereunder written, being persons duly rated and 
 
 charged to the relief of the poor of the parish of in the said division, 
 
 in and by the rates in the said schedule mentioned, and upon proof by 
 them respectively of their respective inability, through poverty, to pay the 
 said rates, amounting to the sums set down opposite their respective 
 names in the said schedule, do, with the consent of the churchwardens 
 and overseers of the poor of the said parish, order and direct that the said 
 several persons shall be excused from the payment of the said rates, and 
 we have accordingly struck out their names from the said rates. 
 
 SCHEDULE. 
 
 Names of Persons. 
 
 Rate made the 
 day of 1849. 
 
 Rate made the 
 day of 1849. 
 
 Total amount 
 excused. 
 
 
 S. d. 
 
 s. d. 
 
 s. d. 
 
 Given under our hands and seals, this 
 our Lord , at , in the county aforesaid. 
 
 day of , in the year of 
 
 [Justices' signatures and seals.]
 
 CHAP, ii.] POST HORSES -RAILWAYS. 435 
 
 33. Allowance of Rate. 2ndtl J.T'l. 
 
 County of j We, two of her Majesty's justices of the peace in and for 
 
 'the said county of , do admit and allow of the foretroins 
 
 to wit. J assessment. 
 
 Witness our hands, this day of , 1850. 
 
 [Justices signatures.] 
 
 34. Recovery of Rates.] The Forms in this will be found, post, tit 
 " Rates." 
 
 35. Appointment by one Justice of Select Vestry. (59 Geo. 3, c 12 
 s. 1.] See Form in 3 Arch. J. P. 4th ed. p. 224. 
 
 POST HORSES. 
 
 Recovery of Duties.] The necessary Forms are given in the act 2 & Oke's Svnop. 
 3 Will. 4, c. 120. 2nded. J.414. 
 
 POST OFFICE. 
 
 Recovery of Postage. (1 Viet. c. 36, and 10 & 11 Viet. c. 85.)] Id - 
 The necessary Forms are given in the act 1 Viet. c. 36. 
 
 PRIZE FIGHTS. 
 
 1. Complaint to ground Warrant for Apprehension of intended Com- Id. p. 415. 
 batants.] Proceed as in the General Form, No. 1, ante, pp. 23, 24, to the 
 asterisk*, and then : that he the said C. D. hath good ground aud foun- 
 dation for suspecting and believing, and doth suspect and believe, that 
 
 A. B. of, &c. arid E. F. of, &c. have this day unlawfully and against the 
 peace of our lady the Queen agreed to fight a prize fight [or boxing 
 match] this evening [or on next] at the , in the said county of 
 
 2. Warrant.'] This will be in the General Form, No. 11 (C), ante, 
 p. 27, " to apprehend the said A. B. and E. F., and them bring before 
 me the said justice, to find sureties of the peace." 
 
 3. 4. The Recognizance or Commitment in Default may be as those 
 Forms given in tit. " Sureties," post. 
 
 RAILWAYS. 
 
 1. Officers not accounting or refusing to deliver up Books.] The Forma 
 under tit. " Highways," ante, pp. 123, 124, Nos. 2 and 5, also p. 441, 
 No. 14 18, may be easily adapted. 
 
 2. Certificate of two Justices that whole of Capital hat been subscribed. Id. 
 (8 Viet. c. 18, ss. 16, 17.)] We, J. S. and J. L., Esquires, two of her 
 
 Majesty's justices of the peace for the county of .assembled and 
 
 acting together in petty sessions at , in and for the division of 
 
 in the said county, on the application of the railway company, incor-
 
 486 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. porated by an act of parliament, intituled [here insert the title of the special 
 
 2nd ed. p. 415. 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 pay- 
 ment 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. 
 
 3. Nomination of a Surveyor to value Lands purchased from Parties 
 under Disability. (8 Viet. c. 18, s. 9.)] Vide Form in Hodges' Work 
 on Railways, p. 267, Appendix. 
 
 Id. p. 416, 417- 4. Order on Railway Company for Payment of Special Constables. 
 
 (1 & 2 Viet. 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. 3for 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 act 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 inha- 
 bitants, 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 afore- 
 said 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 ses- 
 sion of parliament, held in the first and second years of the reign of her 
 present Majesty, intituled " An Act for the Payment of Contables for 
 keeping the Peace near Public Works," order you the said M.N., having
 
 CHAP, ii.] RAILWAYS RATES. 487 
 
 the controul or custody of the funds of the said railway company, to Oke's Synop. 
 
 pay to the said J. N., J. O. and W. S., the sum of for their trouble, 2nd ed. 
 
 loss of time and expenses incurred by them in serving as such special PP- 416, 417. 
 constables, from the day of last, to the day of in- 
 stant, the same being such reasonable allowances for the same as to us the 
 said justices seem proper. 
 
 Given under our hands and seals, at the , in the division and 
 
 county aforesaid, this day of , 1850. 
 
 [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.) 
 
 > Be it remembered, that on the day of , in the year 
 
 to wit. J 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 sur- 
 veyors], complain to the undersigned [one] of her Majesty's justices of 
 the peace in and for the said [county'], that A. B. of the said [parish], 
 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 [or in 
 
 and by several rates made on and on in the several sums of 
 
 and of ] made on the day of , in the year , in 
 
 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 sum- 
 moned 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. 
 
 C. D. 
 
 Made and exhibited before me , "J 
 
 at , in the county of , ^ 
 
 on this day of , 18. J 
 
 2. Complaint against several Rate-payers. (A. 2.) 
 
 I Be it remembered, that on the day of , in the year 
 
 to wit. J 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
 
 488 
 
 Other Proceedings out of Sessions. [PART in. 
 
 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 respec- 
 tively why they have not paid and refuse to pay the said sums respec- 
 tively. 
 
 SCHEDULE. 
 
 Names of the Rate- 
 payers. 
 
 Residence. 
 
 Under Rate 
 dated the 
 1849. 
 
 Arrears due 
 under Rate 
 dated the 
 1848. 
 
 Total Sum 
 due. 
 
 A.B 
 
 [here state it.] 
 
 d. 
 1 7 
 
 13 
 
 s. d. 
 1 7 
 
 d. 
 2 14 
 
 13 
 18 6 
 1 8 6 
 
 I. K 
 
 L. M 
 
 
 13 6 
 14 3 
 
 N. P. 
 
 
 14 3 
 
 
 
 Made and exhibited before me 
 
 at in the 
 
 on this day 
 
 I before me , N 
 
 county of , f 
 
 of ,18. f 
 
 E.F. 3 
 
 C.D. 
 
 3. Summons upon the Complaint. (B.) 
 
 To A. B. of . 
 
 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 main- 
 tenance 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 com- 
 mand 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 pro- 
 ceeded against by default as if you had appeared, and be dealt with ac- 
 cording to law. 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the [county] aforesaid. 
 
 K. F. 
 
 Take notice that you have already incurred the under-mentioned costs, 
 viz. : 
 
 s. d. 
 
 Clerk to the justices 
 
 Overseer [or surveyor] for obtaining the summons . . 
 
 Constable for serving ditto 10 
 
 Ditto, travelling expenses at threepence per mile . . . 
 
 Total
 
 CHAP, ii.] RATES. 489 
 
 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 re- 
 turnable, all further proceedings will be stopped. 
 
 4. Warrant of Distress against one Rate-payer. (C. 1 .) 
 
 To the overseers of the poor [or to the surveyors of the highways] 
 of the parish of , in the [county] of , and to the con- 
 stable 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 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 
 
 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 over- 
 seers, 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 arreart,] * (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, ou 
 
 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 , at , in the county aforesaid. 
 
 1 . . F. 
 G. H. 
 
 (a) Referred to in Form No. 9, post, p. 492.
 
 490 Other Proceedings out of Sessions. [PART in. 
 
 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 [count y] of , by the 
 
 [churchwardens and overseers of the poor, or the surveyors of the high- 
 ways] 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 cer- 
 tain 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 under- 
 signed, 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 hereuuder written ; and 
 if within the space of five days after the making of such distresses respec- 
 tively 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 sur- 
 veyors] also set opposite to their respective names, together with the rea- 
 sonable 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 over- 
 plus, the reasonable charges of taking, keeping and selling the said dis- 
 tress 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
 
 CHAP. II.] 
 
 RATES. 
 
 491 
 
 certify the same unto us, to the end that such further proceedings mav be 
 had herein as to the law doth appertain. 
 
 SCHEDULE. 
 
 Names of 
 Rate-payers. 
 
 Residence. 
 
 Under Rate 
 dated , 
 1849. 
 
 Arrears due 
 under Rate 
 dated , 
 1848. 
 
 Costa. 
 
 Total. 
 
 A. B 
 
 (here state it) 
 
 *. d. 
 1 7 
 
 13 
 
 . d. 
 1 7 
 
 . d. 
 060 
 
 020 
 030 
 050 
 
 t. d. 
 300 
 
 15 
 1 1 6 
 1 13 6 
 
 I.K 
 L. AI 
 
 18 6 
 14 3 
 
 N. P 
 
 
 14 3 
 
 
 
 Given under our hands and seals, this day of , in the year 
 
 of our Lord , at , in the [county] aforesaid. 
 
 E. F. 
 G.H. 
 
 6. Warrant of Commitment in default 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 con- 
 stable of , and to all other peace officers in the said 
 
 [county], and to the keeper of the [house of correction] at , 
 
 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 over- 
 seers, or surveyors, by C. D., one of the said overseers, or surveyors, ap- 
 peared 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 bearing 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.
 
 492 Other Proceedings out of Sessions. [PART in. 
 
 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 
 the said 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 com- 
 mand you, the said keeper of the said [house of correction], to receive the 
 said A. B. into your custody in the said [house of correct ion], there to 
 
 imprison him for the space of , unless the said sums of and 
 
 , together with the sum of for the costs attending the said 
 
 distress, and the further sum of , being the costs and charges of this 
 
 commitment, and of taking and conveying the said A. B. to prison, 
 
 making in the whole the 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 , in the year of our 
 
 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. re- 
 moved from the said house and premises leaving the said rate unpaid, 
 
 and one C. D. came into the same house and premises on the day 
 
 of , 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 propor- 
 tion 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 re- 
 cited complaint are true, and that the said several proportions of 
 
 and (which said proportions being disputed, was and is now ascer- 
 tained 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 Viet. c. 14).
 
 CHAP, ii.] RIOTS SEAMEN. 493 
 
 Oke's Synop. 
 RIOTS. 2nd ed. 
 
 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 com- 
 mandeth all persons, being assembled, immediately to disperse them- 
 selves and peaceably to depart to their habitations or their lawful busi- 
 ness, 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, 
 
 s. 20.) 
 
 To the keepers of inns, alehouses and victualling houses in the 
 
 parish of , in the county of , and to each and every of 
 
 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 victual- 
 
 ing houses within the said parish of , shall close his house from the 
 
 hour of 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 , 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. 
 
 SEAMEN. 
 
 1. Complaint on Oath for Wages where about to sail. (7 & 8 Viet 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 Eng- 
 land, 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. !>., 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 [a* 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
 
 494 
 
 Other Proceedings out of Sessions. 
 
 [PART in. 
 
 Oke's Synop. any other sufficient cause'], he requires immediate payment of the said sum 
 
 2nd ed. p. 418 of . 
 
 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. 
 42. 
 
 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. [as in ordinary cases.] 
 
 From 5 Burn's 5. Warrant of Distress for the same on the Ship, fyc., in case other 
 
 Jus. p. 839 1. 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 chat- 
 tels 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 
 
 sum of , 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 other- 
 wise, 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 shi) 
 
 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 keep- 
 ing 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 Viet. 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
 
 CHAP, ii.] SHIPS (PASSENGERS)-SURETIES. 495 
 
 Broker's Bond (C. s. 44) ; Passage Broker's Licence (D. s. 45) ; Jus- 
 tices' Notice to Colonial Land and Emigration Commissioners of Grant- 
 ing Licence (E. s. 45) ; Notice by Applicant for a Licence (F. 8.45); 
 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 follow- 
 ing, 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 man- 
 datory 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 fora 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 
 
 f 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 beha- 
 viour towards her Majesty and all her liege people, and especially to- 
 wards 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 , and to 
 
 the keeper of the common gaol at , in the said county. 
 
 County of) Whereas, on the day of instant, complaint on 
 
 Voath was made before the undersigned [or J. L., Esquire J, 
 
 to wit 3 one of her Majesty's justices of the peace in and for the said 
 
 county O f , 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 [if c. follow to end of complaint, No. 1, 
 
 supra, in the past tense, then]: And whereas the said A. B was t 
 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 o 
 
 -j, to answer unto the said complaint : And* I have ordered and 
 
 adjudged, and do hereby order and adjudge, that the said A. B. shall
 
 496 Other Proceedings out of Sessions. [PART in. 
 
 Oke's Synop. enter into his own recognizance in the sum of , with two sufficient 
 
 2nd ed. p. 419. sureties in the sum of each, to keep the peace and be of good beha- 
 viour towards her Majesty and all her liege people, and particularly 
 
 towards the said C. D., for the space of , 
 
 [or if required to find sureties till the sessions, say 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 recog- 
 nizance, and to find sureties as aforesaid] : These are therefore to com- 
 mand 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 im- 
 prison 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 mean- 
 time to keep the peace as aforesaid.] 
 
 Given under my hand and seal, this day of , in the year of 
 
 our Lord , at , in the county aforesaid. 
 
 J. S. (L.S.) 
 
 6. Liberate 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 , in the said county of . 
 
 County of 1 Whereas A. B., late of , now in your custody in the 
 
 > said common gaol, hath before me the undersigned, one of 
 
 to wit. j 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 men- 
 tioned 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, supru.~\ 
 
 TITHES, RENT-CHARGES AND CHURCH RATES. 
 
 1. Complaint on 7 # 8 Will. 3, c. 6, ss. 1, 6, and 53 Geo. 3, c. 127, 
 s. 4, for Recovery of Tithes due from other Persons than Quakers. 1 ] 
 Proceed as in General Form No. 1, ante, pp. 23, 24, to the asterisk*, then : 
 
 That he the said C. D. did, on the day of 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
 
 CHAP, ii.] TITHES, RENT-CHARGES, &c. 497 
 
 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 4- 5 
 
 Viet. 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 Viet. 
 
 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: 
 
 JB 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 with- 
 held."] The costs can only be 10*. The order need not adju- 
 dicate 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 non- 
 payment, 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.)J Proceed as directed in the General 
 Farm 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., 
 
 iu the churchwardens' rate for the same parish, made the day of 
 
 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
 
 Other Proceedings out of Sessions. [PART in. 
 
 (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. l', 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 ojf 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 Kent-Charge. (5 & 6 
 Viet. 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 juris- 
 diction 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, amount- 
 ing 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] land- 
 owners, in several portions, that is to say, one portion thereof to E. F. of 
 
 , &c. and one other portion thereofto 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
 
 CHAP, ii.] TITHES, RENT-CHARGES, &c. 499 
 
 half-yearly payments of rent-charge greater than his the said C. D.'s just 
 proportion] charged on the said land numbered in the said appor- 
 tionment ; and that the said A. B. did on the day of fast, 
 
 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 notwith- 
 standing such demand in writing, contribution to the said amount of rent- 
 charge 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. 
 
 15. Order directing Payment of Proportionby 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, [ur headborough, tithingman] of , in the 
 
 said county. 
 County of } Whereas complaint hath been made unto me A. B., Esquire, 
 
 Sone of her Majesty's justices of the peace for the said county, 
 
 to .wit. 3upon 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 saidC. D. having been sum- 
 moned 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 raid toll- 
 house 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 f 
 therein, together with his and their goods, out of such house and I 
 ings, and to put E. F., the person lately appointed by the trustees to 
 
 K K 2
 
 Other Proceedings out of Sessions. [PART in. 
 
 collect such tolls, into the possession thereof, for which this shall be your 
 sufficient warrant. 
 
 Given under my hand and seal, this day of . 
 
 [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 if], 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 pro- 
 duce 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 re- 
 ceived 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 commis- 
 sioners], 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 , and to all other peace officers in the said 
 
 county of . 
 
 County of ^ 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
 
 CHAP, ii.] TURNPIKE ROADS. 501 
 
 by himself, his counsel or attorney, and it is now satisfactorily proved to 
 me upon oath, that the said A. B. has been duly served with the sum- 
 mons in this behalf, which required him to be and appear here at this day 
 before such of the justices of the peace for the said county as should now 
 be here to answer to the said complaint, and to be further dealt with ac- 
 cording to law ; and it is also duly proved and shown to me the said 
 justice, that the said A. B. was and is not to be found]: And there- 
 upon I the said justice did proceed to hear the matter of the said com- 
 plaint in a summary way [and the said A. B. having produced a certain 
 account or accounts of or concerning the matters aforesaid, I proceeded 
 according to the directions of the statute in that case provided to settle 
 the said account or accounts, and the said A. B. having heard the said 
 complaint, acknowledged and voluntarily confessed the same to be true] : 
 And it manifestly appearing to me [upon such confession of the said 
 A. B.] or upon the oath of a credible witness [and upon the inspection of 
 the said account or accounts so produced as aforesaid], that the sum of 
 
 , being the whole [or part] of the money which has been collected 
 
 or received by the said A. B. in the behalf and on the account aforesaid, 
 is in the hands of the said A. B., and hath been by him refused and neg- 
 lected to be paid as aforesaid, contrary to the said last-mentioned statute: 
 These are therefore, &c. [as in Form No. 6 (N. 2), ante, p. 57, to the 
 end.] 
 
 5. Commitment for Want of Distress for Money found due. 
 
 To the constable of , and to the keeper of the common gaol at 
 
 , in the said county of . 
 
 County of ") Whereas complant, &c. [recite complaint No. 2, tupra, 
 
 ; then recite the hearing and finding of the justice as in the 
 
 to wit. * Distress Warrant, No. 4, supra, then a recital of issue of Distress 
 
 Warrant and Constable's return of nulla bona, as in Form No. 71, ante, 
 p. 59, and conclude as follows:] 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 deliver him to 
 
 the said keeper, 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 and 
 keep him, without bail or mainprize *, until he shall have accounted for 
 and paid the full amount of the said money received by him [or in his 
 hands] as aforesaid, or compounded with the said trustees [or commis- 
 sioners] and paid such composition in such manner as the said trustees 
 [or commissioners] shall appoint ; and for your so doing this shall be 
 your sufficient warrant, provided that the said A. B. shall not for the 
 offence, or on the account aforesaid, be detained in prison for a longer 
 space of time than [six] calendar months. 
 Given under my hand and seal, &c. 
 
 6. Commitment for refusing to deliver up Books. 
 
 To the constable of , and to the keeper of the common gaol at 
 
 , in the said county of . 
 
 County of } Whereas complaint, &c. [recite complaint No. 2, ante, D. 
 
 >500, then recite the hearing and finding of the justice that the 
 
 to wit. books, 4-c. were refused to be delivered up, then : 
 
 whereas the said A. B. hath not produced to me the said justice, or 
 the said C. D., the said account [or accounts] of all receipts and pay- 
 ments as aforesaid [or the several vouchers and receipts relating ti 
 accounts respectively [or the books, accounts, papers and wntta 
 custody or power relating to the said act for making or repairing tt
 
 502 Other Proceedings out of Sessions. [PART in. 
 
 said tunipike road, or the said other acts above referred to], contrary, 
 &c. : These are therefore, &c. [to the asterisk * in Form No. 5, supra, 
 then :] until he shall have delivered up such books, papers, and writings 
 as aforesaid, or made satisfaction thereof to the said trustees [or commis- 
 sioners] : And for your so doing, &c. [to end of Form No. 5, supra.'] 
 
 WEIGHTS AND MEASURES. 
 
 Justice's Authority to Inspector to enter Shops, 4 - c., to examine Weights, &fc. 
 (From 2 Arch. J. P. 573, 4th ed.) 
 
 To A. B., inspectors of weights and measures for the district of , 
 
 and to all others whom it may concern. 
 County of } Whereas you the said A. B. have been duly appointed 
 
 > and now are an inspector of weights and measures for the 
 
 to wit. j district of , in the said county of ; now I, J. S., 
 
 Esquire, one of her Majesty's justices of the peace in and for the said 
 county, in pursuance of the statute in such case made and provided, 
 do hereby authorize you the said A. B. as such inspector as aforesaid, 
 at all seasonable times to enter any shop, store, warehouse, stall, yard 
 or place whatsoever, within your district and jurisdiction, wherein goods 
 shall be exposed or kept for sale, or shall be weighed for conveyance or 
 carriage, and there to examine all weights, measures, steelyards, or other 
 weighing machines, and to compare and try the same with the copies of 
 the imperial standard weights and measures required and authorized to 
 be provided under the statute in such case made and provided ; and for 
 your so doing this shall be your sufficient warrant and authority. Given 
 
 under my hand, this day of , in the year of our Lord , 
 
 at , in the [county~\ aforesaid. 
 
 J. S. 
 
 WRECK AND SALVAGE. 
 
 Oke's Synop. Award and Order of Amount of Salvage. (9 & 10 Viet. c. 99, s. 21.) 
 2nd ed. p. 421. Adapted from Toone, p. 957. 
 
 County of "i The award and order of J. S. and J. L., Esquires, two of 
 
 ^her Majesty's justices of the peace in and for the said county, 
 
 to wit. Jand residing at [or near to] the parish of , in the same 
 
 county hereinafter mentioned, made this day of , in 
 
 the year of our Lord 1850, at in the said county. 
 
 Whereas it hath appeared unto us, the said justices, upon the complaint 
 
 of C. D. of , in the said county of , that on the day of 
 
 last, the ship [or vessel] called the , of F., G. H. master, bound 
 
 from F. aforesaid to J., was stranded at in the parish of afore- 
 said ; and that he the said C. D. at great labour and expense succeeded in 
 saving the crew, landing the cargo, and getting the said ship from the 
 shore where stranded, and that he hath conveyed the same to the port of 
 
 : And whereas G. H., the said master [or owner, or owners, or his 
 
 agent, us the case may be,~\ together with the said C. D., is [or are] now 
 present before us, the said justices, for the purpose of having the claims 
 and demands of the said C. D. for such services as aforesaid heard and 
 determined: We therefore, the said justices, having examined into the 
 cause and circumstances of the premises upon oath, and all matters relating 
 thereto, do hereby order and award that he the said G. H. [owner, or agent, 
 or salvors,] shall, upon notice of this our award and order, pay unto him,
 
 CHAP, jr.] WRECK AND SALVAGE. 503 
 
 the said C. D., the sum of for his services of every description as Oke's Synop. 
 
 aforesaid. 2nd ed. p. 421 . 
 
 [or thus, if the ship belongs to one party, one part of the cargo to 
 another, and another part of the cargo to a third party, ajter the 
 word " award'' say : that A., B., C. and D. of as afore- 
 said, being the owners of the said ship [or vessel], shall, upon 
 notice of this our award and order, pay unto him, the said C. D., 
 
 the sum of ; that E. and F., of the city of , merchants, 
 
 being the owners of apart of the cargo of the said ship [or vessel], 
 shall, upon notice of this our award and order, also pay unto the 
 
 said C. D. the sum of ; and that G., H. and I., of , 
 
 merchants, being the owners of another part of the cargo of the 
 aforesaid ship [or vessel], shall, upon notice of this our award 
 
 and order, likewise pay unto the said C. D. the sum of for 
 
 the services of every description rendered by the said C. D. aa 
 aforesaid.] 
 Given under our hands and seals, the day and year first above mentioned, 
 
 at aforesaid. 
 
 [ Justices' signatures and seals.} 
 
 END OF PART III.
 
 ( 504 ) 
 
 MISCELLANEOUS FORMS. 
 
 1. Demand of Perusal and Copy of a Warrant from a Constable. 
 
 Mr. C. D. 
 
 I do hereby, as the attorney [or agent] of and for A. B., of , 
 
 according to the form of the statute in such case made and provided, de- 
 mand of you the perusal and copy of the warrant by virtue or under 
 
 colour whereof you did, on or about the day of , assault the 
 
 said A, B., and apprehend and carry and convey him in custody before 
 E. F., Esquire, one of her Majesty's justices of the peace in and for the 
 
 county of . Dated this day of , 18 . 
 
 Yours, &c. 
 
 G. H., of , 
 
 To Mr. C. D. Attorney for the said A. B. 
 
 2. The like, as from a Gaoler. 
 Mr. C. D. 
 
 I do hereby, as the attorney [or agent] of and for A. B. of , ac- 
 cording to the form of the statute in such case made and provided, demand 
 of you the perusal and copy of the warrant of commitment and instrument 
 under which you received into your custody the said A. B., on or about 
 
 the day of last, and kept and detained him in custody for the 
 
 space of then next following. Dated this day of , 18 . 
 
 Yours, &c. 
 
 G. H., of , 
 
 Attorney for the said . 
 
 3 Recognizance to prosecute Certiorari.~] This will be in the General 
 Form, No. 48 (S. \\ante, p. 276, stating the condition thus: The condition 
 of the within-written recognizance is such, that if he the said A. B. shall 
 prosecute with effect, without any wilful or effected delay, at his own 
 proper costs and charges, a writ ofcertiorari, issued out of the court of our 
 said lady the Queen before the Queen herself at Westminster, to remove 
 
 into the said court a certain conviction [or order] made by , two of 
 
 the keepers of the peace and justices in and for the said county of , 
 
 and shall pay to [the defendant on the application for the writ,'] within 
 one month next after the said conviction [or order] shall be confirmed in 
 the said court, all their full costs and charges to be taxed according to the 
 course of the said court, then the said recognizance to be void, or else to 
 stand in full force and virtue. 
 
 4. Justice's Notice of Objection to being sued in a County Court. 
 (11 & 12 Viet. c. 44, s. 10.) 
 
 No. [on summons], 
 
 In the County Court of , at . 
 
 Between A. B., plaintiff, and C. D., defendant. 
 
 Take notice, that I, the undersigned [attorney or agent for] the above 
 named defendant, one of her Majesty's justices of the peace in and for
 
 MISCELLANEOUS FORMS. 505 
 
 the county of , having been, within six days hist past, served with a 
 
 summons from the above court, summoning me to appear at a county 
 
 court to be holden at , on the day of next, at the hour of 
 
 in the forenoon, to answer you, the above-named plaintiff, in an 
 action for a certain thing done by me [or him] in the execution of my 
 [or his] office as such justice, do object thereto; and do hereby, in pursu- 
 ance of an act passed in the twelfth year of the reign of her present 
 Majesty, intituled " An Act to protect Justices of the Peace from vexa- 
 tious Actions for Acts done by them in Execution of their Office," give 
 you the said plaintiff this written notice, that I object [or he the said 
 defendant objects] to being sued in the said county court for the said 
 
 a leged cause of action. Dated the day of , 1850. 
 
 Yours, &c. 
 
 To. Mr. A. B. the above- C. D. [Attorney or Agent for] the 
 
 named plaintiff. above-named defendant. 
 
 5. Justice's Order to a Constable to make a Return to a Warrant. 
 
 To I. N., constable of the parish of , in the county of . 
 
 I hereby order and direct you the said constable to produce unto me 
 the undersigned, one of her Majesty's justices of the peace for the said 
 
 county of [or such other or others of her Majesty's justices of the 
 
 peace for the same county as shall be present at the in , in the 
 
 said county] on the day of next, at twelve o'clock at noon, 
 
 a certain warrant under my [or the] hand and seal [of J. P., Esquire, one 
 of her Majesty's justices of the peace for the said county], bearing date 
 
 the day of , for the apprehension of one A. B. [or requiring 
 
 you to levy on the goods and chattels of one A. B.], as therein set forth, 
 and to make your return thereto. Herein fail not at your peril. Given 
 
 under my hand, this day of , 1850. 
 
 J. S. 
 
 6. Statement by Two or more Justices for Alteration, 4 - c., of Petty Sessions 
 Division. (9 Geo. 4, c. 43, s. 1 ; and 6 Will. 4, c. 12.) 
 
 To I. D., Esquire, clerk of the peace for the said county. 
 County of ) We the undersigned, justices of the peace for the county 
 
 . J. [or riding or division] of , are of opinion that the several 
 
 to wit. J parishes of A., B., and C., now forming the whole [or a part] of 
 the A. division of special sessions in the said county [or that the parish of 
 D. in the A. division of special sessions in the said county, and the parish 
 
 of , in the B. division of special sessions in the said county] would 
 
 form together a convenient and proper division, 
 
 [or, from the asterisk*, ought to be annexed to the C. division of 
 
 special sessions in the said county, for the purpose of forming 
 
 together one convenient and proper division], 
 
 within and for which special sessions should henceforth be held ; and that 
 by such proposed change [or changes] of parishes the [two] existing 
 divisions of A. and B. will be altered, and no others ; and that the several 
 justices of the peace of the said county, and usually resident and acting as 
 such within the boundaries of the said proposed new division [or within 
 
 tne division and the alterations herein proposed] are [set out 
 
 names'] ; and in pursuance of the statutes 9 Geo. 4, c. 43, and 6 Will. 4, 
 c. 12, we do hereby transmit to you, as clerk of the peace for the said 
 county, this statement in writing, signed by us, in order that the same 
 may be laid before the justices of the peace for the said county at their 
 
 next general quarter sessions of the peace. Dated this day of , 
 
 1850; [Justices signature*.]
 
 506 
 
 MISCELLANEOUS FORMS. 
 
 7. Application by Justices to Quarter Sessions to hire a Place for holding 
 
 Petty Sessions. (12 Viet c. 18, s. 2.) 
 
 To I. D. Esquire, the clerk of the peace for the said county. 
 County of) We, the undersigned, [the majorpart of] the justices of the 
 
 > peace acting in the petty sessional division of A., in the said 
 
 to wit. ) county, do, in pursuance of a statute passed in the twelfth 
 year of the reign of her present Majesty, intituled " An Act for the hold- 
 ing of Petty Sessions in Boroughs, and for providing Places for the hold- 
 ing of such Petty Sessions in Counties and Boroughs," by this writing, 
 signed by us, make application that her Majesty's justices of the peace for 
 
 the said county of in quarter sessions assembled, will direct that a fit 
 
 and proper place be hired for the holding of regular [weekly] meetings of 
 petty sessions of the peace within the said division, and that the expenses 
 thereof and attendant thereon be paid out of the county rate of the said 
 
 county, Witness our hands, this day of , 1850. 
 
 [Justices' signatures.'] 
 
 8. Justices' Clerks' Notice to High Constables of Parish Officers 
 
 appointed. 
 To W. Y., high constable of the hundred of C., in the division of N., 
 
 in the county of C. 
 Sir, 
 
 We beg to inform you, for your guidance, that the undermentioned 
 persons have been duly appointed overseers of the poor, surveyors of the 
 highways and constables for the respective parishes in your hundred, to 
 act for the year ensuing : 
 
 Parishes. 
 
 Overseers. 
 
 Surveyors returned as 
 appointed in Vestry. 
 
 Constables. 
 
 A. 
 
 W.F.&A.G. 
 
 W. F. & I. H. 
 
 F. N. & R. R. 
 
 N. April, 185. 
 
 Yours, &c., 
 I. G. and B., Clerks to the Justices of the said division.
 
 INDEX. 
 
 A. 
 
 Abandoning family, whereby they become chargeable, 202, 207. 
 
 Abduction of women, 285 ; of a girl under sixteen, 285. 
 
 Abettors, aiders, counsellors, or procurers in summary convictions, 26. 
 
 Abortion, procuring, 285 ; using an instrument to cause, 285. 
 
 Abroad, offences, warrant to apprehend for, 261, 263, 264. 
 
 Absconding, by apprentices, 72, 73, 74 ; from workhouse with clothes, 174. 
 
 Absenting by servants in husbandry, &c. 159, 160. 
 
 Abusing or illtreating cattle, sheep, dogs, &c., see " Cruelty to Animals." 
 
 Abusing female children, under ten years of age, 296 ; above ten and under 
 twelve years of age, 296. 
 
 Abusive language by toll collector on turnpike roads, 186. 
 
 Acceptance of bill of exchange, forging, 309 ; stealing, 314. 
 
 Accessory in summary convictions, 26. 
 
 Accessory after the fact, in felony, 259. 
 
 Account of clerk of petty sessions of fines, &c. received, 62. 
 
 Accounts, collector of highway rates not rendering, 124; recovery of amount 
 due thereon, 441 443 ; the like, treasurer under lighting and watch- 
 ing act, 448, 449; the like, turnpike roads, 500, 501; treasurer of 
 corporation, 426, 427. 
 
 Accused in indictable offences, caution to and statement of, 270. 
 
 Accusing of crime, 286 ; threatening to accuse and thereby extorting money, 
 338 ; see " Letter, Threatening." 
 
 Acting plays without licence in unlicensed house, 184. 
 
 Actions against a justice, form, &c., of, 9, 10 ; notice of objection to being sued 
 in a county court, 504, 505. 
 
 Adjournment of hearing in summary convictions, commitment on, 28 ; notice 
 to complainant, 29 ; recognizance on bail taken, 28 ; certificate of 
 non-appearance, 29; see further, " Remand," as to indictable of- 
 fences. 
 
 Adjudication in several instances, mode of stating, 33, 34 ; minute of adjudi- 
 cation on orders for service, 54. 
 
 Administering drugs to procure abortion, 285. 
 
 poison with intent to murder, 293. 
 unlawful oaths, 327, 328. 
 
 Admiralty, warrant for offences within the jurisdiction of the, 261. 
 
 Adulterating exciseable liquors, by alehouse keepers, 66. 
 
 by beerhouse keepers, 79. 
 bread and Sour, 87. 
 
 Advertisement of offender's name under bread act, 88. 
 
 Affirmation, see " Outfit." 
 
 Affray, 286 ; see " Prito Fighti." 
 
 Agent, information or complaint by. 23.
 
 508 Index. 
 
 Agents, banker or attorney, converting or embezzling stock, interest, &c., 286 ; 
 
 embezzling goods, 287 ; assisting therein, 287. 
 Aiders, in summary convictions, 26. 
 Alehouses. 
 
 I. Offences against the Licence Fraudulently diluting or adulterating ex- 
 
 ciseable liquors, 66; selling adulterated liquors, 66 ; not using stand- 
 ard measure, 66 ; permitting drunkenness, 67 ; permitting disorderly 
 conduct, 67 ; suffering unlawful games, 67 ; suffering gaming, 67 ; 
 permitting persons of notoriously bad character to assemble, 67 ; 
 opening house during afternoon divine service, 67 ; suffering liquor 
 to be conveyed during divine service, 67 ; not maintaining good 
 order, 67 ; forms to be used in enforcing the conviction, 68 ; observa- 
 tions, 67, 68. 
 
 II. Other Ounces Selling without licence, 68 ; licensed person selling 
 
 in unlicensed premises, 68 ; not selling by standard measure; 68; 
 not closing house in case of riot, &c. 68 ; harbouring or entertaining 
 county police, 68 ; not receiving billeted soldiers, 69 ; refusing to 
 pay compensation, &c., for stables, &c., for soldiers, 69 ; opening 
 house before half-past twelve on Sunday morning, 69 ; selling before 
 half-past twelve on Sunday morniug, 69; opening for the sale of any 
 other articles on Sunday, 69 ; refusing to admit or not admitting a con- 
 stable, 69 ; forms to be used in enforcing the conviction, 70. 
 
 III. Proceedings on Charge of a Third Offence, and on Appeal against Con- 
 viction under 9 Geo. 4, c. 61 Recognizance of informer or witness 
 to prosecute at special sessions or at general annual licensing meet- 
 ing, 70; notice of recognizance, 70; recognizance of defendant and 
 sureties to try charge where adjourned to the quarter sessions, 70 ; 
 notice of such recognizance, 70; recognizance of informer or witness 
 to give evidence at the quarter sessions, 70 ; recognizance on appeal 
 against conviction and notice, 63, 64, 71 ; summons of a witness to 
 be bound in recognizance to give evidence on the trial of the appeal, 
 71 ; warrant where the witness has disobeyed the summons, 71 ; 
 commitment of the witness on refusal to enter into recognizance, 71 ; 
 recognizance of the witness to give evidence on appeal, 72 ; notice 
 of such recognizance, 72. 
 
 Notice of application for a new licence, 342; justices' appointment of 
 general annual licensing meeting, 343 ; justices' precept to high con- 
 stable, 343 ; high constable's warrant to petty constables, 343; notice 
 from petty constable to alehouse keepers, &c. 344 ; notice for church 
 door, 344 ; alehouse licence, 344, 345 ; form of entering licences 
 granted in the special sessions book, 345; justices' appointment of 
 special sessions for transferring, &c. for the year ensuing, 346 ; pre- 
 cept to high constable to give notice of special sessions, high con- 
 stable to petty constables, and petty constable's notice, 346, 347 ; 
 notice of application for transfer of licence, 347 ; licence granted at 
 a special session in case of death, &c. 348; temporary authority to 
 sell, 348. 
 
 Alehouses, order for closing in case of riot, 493. 
 
 Allotments under an inclosure, damaging, 133, 148. 
 
 Allowance of jury lists, 382 ; of highway rate, 441 ; of poor's rate, 485 ; of 
 surveyors' accounts, 365 ; of overseers' accounts not in union, 384. 
 
 Allowance, minute of, of expenses on trial at sessions or assizes, 284. 
 
 Angling in water in private grounds in the day-time, 142 ; in the night-time, 
 309. 
 
 Animals, see " Cruelty to Animals." 
 
 Appeal, notice of, against a summary conviction or order, 63 ; recognizance 
 to try the appeal, 63 ; notice of such recognizance, 64 ; certificate of 
 clerk of the peace that the costs of an appeal are not paid, 64 ; war- 
 rant of distress for costs, 64 ; commitment for want of distress, 65. 
 (For appeals in particular cases, see the titles.)
 
 Index. 509 
 
 Appearance, certificate of non-appearance on case adjourned in summary con- 
 victions and orders, 29 ; in indictable offences, 266. 
 
 Application to Queen's Bench for a rule requiring a justice to do an act, 10. 
 Apprehension, assaulting, stabbing, wounding, &c., with intent to prevent, 291. 
 Apprentices (Summary Convictions and Orders.) 
 
 I. Offences by Apprentices Apprentices misbehaving, 72; forms to be 
 
 used in enforcing the conviction, 73 ; warrantor discharge of appren- 
 tice instead of committal, 73 ; order to refund part of premium where 
 apprentice discharged, 73 ; distress warrant upon master's goods for 
 premium ordered to be refunded, 73 ; commitment in default of dis- 
 tress, 74; order abating wages of apprentice, 74; complaint for 
 misbehaviour of parish apprentice, 74 ; discharge of parish appren- 
 tice, 74; commitment of parish apprentice in addition to his dis- 
 charge, 74 ; complaint of apprentice absenting and refusing to make 
 satisfaction to his master, 74 ; order or determination of the justice as 
 to the amount of satisfaction, 74; commitment of apprentice on 
 refusing to make satisfaction, 74. 
 
 II. Offences by Master Complaint for misusage, refusal of provisions, 
 
 clothing, &c. 75 ; warrant of certificate of discharge of apprentice, 
 75 : distress warrant on master's goods for premium ordered to be 
 refunded, 75 ; commitment in default of distress, 75 ; general forms to 
 be used in enforcing the money penalty, 75 ; complaint for misusage, 
 &c., of parish apprentice, 75 ; order discharging apprentice, and to 
 master to pay sum for again placing out apprentice, to deliver up 
 clothes and pay a sum on refusal, 75, 76 ; distress warrant thereon, 
 76 ; commitment in default, 76 ; forms to be used in enforcing the 
 money penalty, 76 ; application of master previous to discharge of 
 parish apprentice, where master is insolvent, &c. 76 ; discharge of 
 apprentice thereon, 76 ; recognizance of overseers of the poor to 
 prosecute by indictment a master for ill treatment of a parish appren- 
 tice, 76 ; master wilfully abandoning a parish apprentice, and remov- 
 ing above forty miles, 77 ; discharging or transferring apprentice with- 
 out consent, see " Errata ;" neglecting to perform conditions of in- 
 denture inserted by poor law commissioners, 77 ; general forms to 
 be used in enforcing the conviction, 77. 
 
 Apprentices (Petty Sessions Matters.) 
 
 I. As to Parish Apprentice* Order of two justices for binding out appren- 
 
 tice, 395; indenture of apprenticeship by guardians without justices' 
 consent, 396 ; allowance of indenture by two justices where the 
 binding parish is, 396; the like, where the child is to serve, 396; 
 order of justices, on master removing, for continuing, assigning or 
 discharging apprentice, 396 ; order to continue with widow, 397 ; 
 widow's acceptance of apprentice, 397 ; the like order, by a separate 
 instrument, 397 ; assignment of apprentice by indorsement. 398 ; the 
 like, by a separate instrument, 398 ; overseer or churchwarden's 
 complaint against master for enforcing covenant for maintenance, 
 summons and order, 398. 
 
 II. As to Apprentices in general Usual printed indenture, 399; to two 
 
 masters, to serve them consecutively in distinct trades, 399, 400 ; 
 
 assignment of apprentice, 400; oath to be taken by a master whose 
 
 apprentice has absconded, 401 ; justices' certificate to be given to the 
 
 master, 401 ; complaint against master for wages, summons, order 
 
 &c. 401. 
 
 Area of a house, stealing, &c., metal fixed as a fence to, 135, 316. 
 Armed persons trespassing in search of game, and using violence, 113; the 
 
 like, by night, 312 ; three or more persons doing so, 313. 
 Armed assemblies for aiding in smuggling, 336. 
 Arms of soldiers, detaining, 161. 
 Arms, training to the use of. 287 ; aiding or assisting therein, 287 ; present, for 
 
 the purpose of being trained, 287 ; being trained, 287.
 
 510 Index. 
 
 Army, officers in the, taking, &c., game, 114. 
 
 Arrangement of this collection, 12, 13. 
 
 Arson ; setting fire to dwelling-house, person being therein, 287 ; church or 
 chapel, 288, house, stable, &c. 288 ; ship, &c., or casting same 
 away, with intent to murder, &c. 288 ; ship, &c., incomplete or not, 
 288 ; the like, with intent to prejudice owner or goods, 288 ; coal 
 mines, 288, 289 ; stacks of corn, &c. 289 ; crops of corn, standing 
 or cut down, 289 ; a wood, heath, &c., wheresoever growing, 289 ; 
 to her Majesty's vessels of war, or to the works or vessels lying in 
 dock, 289 ; to farm buildings, 289 ; hay, &c., or implements in farm 
 buildings, 289 ; information for a search warrant for explosive sub- 
 stances intended to be used in attempting to set fire to any building, 
 stack, vessel, &c. 289, 290 ; search warrant thereon, 290 ; attempt- 
 ing to set fire to any building, vessel, slack, &c. 290 ; throwing 
 explosive substances near to any building, with intent to destroy, 
 290 ; having explosive substances, or making same, with intent, &c. 
 291 ; to a place of confinement, 291. See " Burning by Servants." 
 
 Articles of the peace, see " Sureties." 
 
 Ass, illtreating, see " Cruelty to Animals." 
 
 Assault; common assault or battery, 77 ; certificate of dismissal of complaint, 
 77 ; general form to be used in enforcing the conviction, 77 ; to pre- 
 vent seamen, &c., from working, 78 ; to prevent sale of corn, &c. 
 78 ; to stop conveyance of corn, &c. 78 ; general forms to be used in 
 enforcing the convictions, 78; assault on board a ship, 78. 
 (Indictable) ; stabbing, &c., with intent to maim, resist apprehension, 
 disable, &c. 291 ; sending explosive substances, or throwing corrosive 
 fluid, with intent to burn, &c. 291 ; impeding persons endeavouring 
 to escape from wreck, 291 ; on deerkeepers by trespassers, 134, 292 ; 
 with intent to rob, 292 ; common assault and battery, 292 ; on 
 magistrate, in case of wreck, 292 ; with intent to carnally know child 
 under ten years, 292 ; with intent to commit a rape, 292 ; with intent 
 to commit an unnatural offence, 292 ; with intent to commit a felony 
 (general), 292; on peace or revenue officers, 292; on persons, to 
 prevent lawful apprehension by them, 292 ; in pursuance of con- 
 spiracy to raise wages, 293 ; on special or county constables, &c. 
 293 ; provoking a dog to bite, 293. 
 
 Asylum for lunatics, removal of paupers, &c., to, see " Lunatics." 
 
 Attempts to murder, &c. ; administering poison, &c., stabbing or causing 
 bodily injury, with intent, &c. 293; attempting to administer poison, 
 or shooting at, or attempting to drown, suffocate, &c., with intent, 
 &c. 293 ; by blowing up buildings, 293 ; by explosive substances, 
 293 ; by sending, &c., explosive substances, 294; by attempting to 
 blow up buildings, 294. 
 
 Attempts to commit crimes ; to commit felony at common law, 294 ; to commit 
 a misdemeanor, whether statu table or at common law, 294. 
 
 Attorney, information or complaint by, 23. 
 
 Avenue, stealing, damaging, &c., trees, shrubs, &c., growing in, see 
 " Larceny," " Malicious Injuries." 
 
 Award under Friendly Societies Acts, enforcing see " Friendly Societies." 
 
 Award of justices for salvage, 502, 503. 
 
 B. 
 
 Backing warrant of apprehension and commitment, 27 ; warrants of distress in 
 
 summary convictions and orders, 36. 
 Badger, fighting or baiting, 102 ; running for the purpose of baiting on or 
 
 near highway, 129 ; or on turnpike road, 196. 
 Bagatelle boards, see " Gaming Houses."
 
 Index. 5H 
 
 Bail in summary convictions and orders, on adjournment by ; recognizance, 
 and notice, 28 ; certificate of non-appearance, 29 ; recognizance after 
 hearing till return of distress warrant, 51. 
 
 Bail, recognizance of, in indictable offences, for accused, where remanded, and 
 notice, 265 ; certificate of non-appearance, 266 ; certificate of con- 
 sent to bail by committing justice on commitment, 271 ; on a sepa- 
 rate paper, 277 ; recognizance for accused's appearance on trial, and 
 notice, 276, 277 ; warrant of deliverance on bail being given for a 
 prisoner, 277; the like, of committing justice, on recognizance of 
 sureties being taken before him, conditioned on accused entering into 
 bis own, 277 ; recognizance of bail upon habeas corpus, 278 ; notice 
 of bail, 278. 
 
 Bail, complaint of, for a person charged with an indictable offence, in order 
 that he might be committed in discharge of their recognizance, 278 ; 
 warrant to apprehend the person charged, 279 ; commitment of the 
 person charged on surrender of his bail, 279 j the like, where appre- 
 hended by the bail without warrant, 280. 
 
 Baiting a bull, badger, &c., see " Badger." 
 
 Bakers, see " Bread and Flour." 
 
 Bank of England note, forging, &c. 309, 310, 311. 
 
 Banker, embezzlement by, 286. 
 
 Banks of highways, digging or cutting down, 128. 
 
 Banks of rivers or canals, destroying, 322. 
 
 Bankrupts, observation as to offences by, 294. 
 
 Barge, stealing from, 317, 318. 
 
 Barn, setting fire to, 288 ; produce, &c., in 289 ; tumultuously demolishing 
 by rioters, 334 ; remedy against the hundred for, see " Hundred." 
 
 Bastards (Petty Sessions). 
 
 I. Forms given in the act 8 Viet. c. 10, for proceedings under 7 f 8 Viet. 
 
 c. 101 Application by woman with child, 402 ; summons thereon, 
 402 ; application by a woman after birth, 403 ; summons thereon, 
 403 ; application where the father has paid money within twelve 
 months after birth, 404; summons thereon, 404; order on applica- 
 tion by woman with child, 405 ; order on application by woman 
 after birth, 406, 407 ; recognizance to appeal, 408 ; information of 
 mother on disobedience of the order, 408 ; warrant of apprehension 
 of father, 409; warrant of distress, 410, 411; recognizance for 
 appearance on return of distress warrant, 41 1 ; commitment on con- 
 fession of no goods, 412 ; commitment in default of distress, 413; 
 appointment of guardian to the bastard child, 415. 
 
 II. Other form* Summons of a witness, 416; warrant on disobedience, 
 
 416; commitment of witness for refusing to give evidence, 417; 
 notice of appeal against an order in bastardy, 417 ; notice of recogni- 
 zance to appeal, 417 ; notice to mother and justice by father of his 
 having entered into recognizance to appeal, 417; notice to mother 
 and justice by father of abandonment of appeal, 418 ; notice of 
 recognizance for appearance at the return of distress warrant, 418 ; 
 justices' clerk's return of orders made, &c. to clerk of the peace, 418. 
 
 Bawdy-house, see " Disorderly House." 
 
 Bear-baiting, see " Badger." 
 
 Beast confined, stealing. 142 ; receiving or having it, 142. 
 
 Beastiality, see " Sodtuny." 
 
 Beating or wounding deerkeepers, 134, 292. 
 
 Beerhouses. 
 
 I. Offences against the Licence TOT mixing drugs, &c., in beer, flee. 78 ; 
 diluting or adulterating liquor, 79 ; selling adulterated liquor, 79 ; 
 not using standard measure. 79 ; permitting drunkenness, 79 ; per-
 
 512 Index. 
 
 Beerhouses continued. 
 
 milling disorderly conduct, 79 ; suffering unlawful games, 79 ; suffer- 
 ing gaming, 79 ; permitting persons of notoriously bad character to as- 
 semble, 79 ; not maintaining good order, 79 ; summons to defendant, 
 79; forms to be used in enforcing the conviction, 80; adjudication 
 disqualifying offender from selling beer, &c. for two years, on con- 
 viction for a third offence, 80. 
 
 1L Offences as to Hours Keeping open after eleven o'clock at night 
 within the bills of mortality, 80 ; the like, within a town corporate or 
 place containing a population exceeding 2500.. 80 ; the like, within 
 a country parish containing a population exceeding 2500. .80 ; the 
 like, within a mile from a polling place for a town having 2500 
 inhabitants, 80 ; keeping open after ten o'clock at night in other 
 places, 81 ; selling or retailing beer during the same times, 81 ; 
 keeping open before five o'clock in the morning, 81 ; keeping open 
 during the time alehouses closed (i. e. now the afternoon divine 
 service), 81 ; opening house or selling before twelve o'clock on 
 Sunday morning, &c. 69, 81. 
 
 III. Other Offences Selling without licence, 81 ; not having a descriptive 
 board over door, 81 ; overseer refusing to grant certificate of rating, 
 &c. 82 ; the like, of newly-erected houses, 82 ; overseer falsely cer- 
 tifying house to be rated, 82; overseer or other person falsely ceiti- 
 fying a person to be resident, 82 ; the like, of rent, or annual value, 
 
 82 ; the like, granting any certificate false in any other respect, 83 ; 
 forging a certificate, 83 ; producing or making use of forged cer- 
 tificate, 83 ; adjudication of forfeiture of licence granted upon forged 
 certificate upon conviction, 83 ; notice to the excise of adjudication, 
 
 83 ; permitting wine or spirits, &c., to be brought into house, 83 ; 
 suffering wine, &c , to be drunk in house, 84 ; selling by other than 
 standard measure, 79, 84; not producing licence lo justice when 
 required, 84 ; selling beer, &c., made otherwise than from malt and 
 hops, 84 ; mixing, &.C., drugs, &c., in beer sold, 84 ; fraudulently 
 diluting or adulterating beer, 84; adjudication on a second offence, 
 
 84 ; person, previously convicfed and disqualified, selling, 84, 85 ; 
 other person selling on premises during period disqualified, 85 ; sell- 
 ing after having been convicted of felony and thereby disqualified, or 
 of selling spirits without licence, 85 ; forms to be used in enforcing 
 the conviction, 85. 
 
 IV. Proceedings against Sureties of Beerhouse Keeper Information to 
 ground summons to sureties to show cause why the penalty in bond 
 should not be paid to satisfy penalty on conviction, 85 ; summons to 
 the sureties, 86 ; order and adjudication upon sureties for the penalty, 
 86 ; forms of enforcing the order, 86. 
 
 V. Proceedings on Appeal against Conviction for a Third Offence, 70, 86, 
 
 72. 
 
 Justices' order to close, in case of riots, 493. 
 Begging alms, 203 ; causing child to beg, 203. 
 Betting at games of chance in the street or highways, 207 j cheating at play, 
 
 3 ]'3. 
 
 Bigamy, 294. 
 
 Billets of soldiers, see " Alehouses " and " Military Law." 
 Billiard tables, see " Gaming Houses." 
 
 Binding over party to prosecute and witness, recognizance for, 273,274 ; com- 
 mitment of witness for refusing, 275 ; subsequent order to discharge 
 the witness, 275. 
 
 Bird, confined, stealing, 142 ; receiving or having it, 14"2. 
 
 Birth of a child, mother concealing, 301. 
 
 Black game, killing, out of season, 115. 
 
 Blasphemous libels, publishing, 295, see " Libels."
 
 Index. 513 
 
 Board of guardians of poor law union, authority by, to their officers to prose- 
 cute, 170, 171 ; notice or certificate to, under Nuisances Acts, 464 ; 
 recovery of contribution from overseers. 385 387, see further 
 " Poor." 
 
 Bodies, dead, see " Dead Bodies." 
 
 Bond, forging, 310; stealing, 314. 
 
 Bonfire, making, near a highway, 129; the like, near turnpike road, 196. 
 
 Books, order for restoration of, to a parish library, 419. 
 
 Booth, placing, on highway, 129 ; the like, on turnpike road, 196. 
 
 Boroughs, offending against bye- laws of, 91 ; assaulting, &c. constables of, 97 ; 
 precept appointing special constables for, in October annually, 349, 
 350 ; summons to be sworn, 350 ; certificate of oath, 351. 
 
 Breach of the peace, see " Sureties." 
 
 Breach of duty as a peace officer, see the various divisions of the title " Con- 
 stubles," punishable summarily; indictable, 302. 
 
 Bread and flour, for offences beyond the bills of mortality, and ten miles of the 
 Royal Exchange.selling.&c., bread not marked, 86 ; special adjudica- 
 tion in conviction, 87 ; adulterating bread, 87 ; adultering flour, &c, 87 ; 
 selling, &c., flour, &c., adulterated, or one sort for another, 87 ; infor- 
 mation to ground search warrant for adulterated bread or flour, 87 ; 
 search warrant thereon, 87 ; having ingredients for adulterating, 88 ; 
 advertisement of offender's name for newspaper, 88 ; obstructing the 
 search for adulterated flour, &c. 88 ; opposing carrying away ingre- 
 dients seized, 88 ; not selling by weight, 89 ; not using avoirdupoise 
 weight, 89 ; not providing scales and weights, &c. 89 ; using false or 
 incorrect beam, 89; using false weights, 89; delivering bread with- 
 out being provided with scales, &c. 89 ; baking on Sundays, &c. 
 89; opposing execution of act, 90 ; complaint by a master convicted, 
 that the penalty was occasioned by the wilful neglect of. his journey- 
 man, warrant and order, 90 ; general forms to be used in enforcing 
 the convictions, 90. 
 
 Breaking and entering, see " Burglary " and " Housebreaking." 
 
 Breaking down the dam of a fish or mill pond, 322. 
 
 Breaking down bridges or banks of rivers, 322. 
 
 Bribery, 295. 
 
 Bricks and tiles, making, of improper size, 90, 91. 
 
 Bridge, throwing down stones from, set up by surveyors, 128. 
 
 Broker, embezzling money, &c. 286. 
 
 Buggery, see " Sodomy." 
 
 Building, erecting, on highway, 127 ; the like, on a turnpike road, 199. 
 
 Building within the curtilage, breaking and entering and stealing therein, 313, 
 317. 
 
 Building erected so as to be a nuisance, see " Nuisances." 
 
 Bull-baiting, see " Badger," " Cruelty to Animalt." 
 
 Buoy or Buoy ropes, see " Wreck and Salvage." 
 
 Burglary, entering a dwelling-house with intent to commit felony, 295 , being 
 'therein and committing a felony, &c. 295 ; the like, and using vio- 
 lence to persons therein, 295. 
 
 Burning by servants (summary), 91, see " Arson." 
 
 Bustards, killing, out of season, 1 15. 
 
 Butcher, trading on Sunday, 188. 
 
 Butter, selling, in a tub not marked, 91. 
 
 Li i .
 
 514 Index. 
 
 Buying counterfeit coin, 299; game unlawfully, 115, 116; the arms or clothes 
 
 of soldiers, 161. 
 Bye-laws of boroughs, offending against, 91 ; of railways, see " Railways." 
 
 C. 
 
 Cabbages, stealing, 144; damaging, 147. 
 
 Cables, see " Wreck and Salvage." 
 
 Calf, stealing, 296 ; wounding, &c., 296 ; ill-treating, see " Cruelty to Ani- 
 mals." 
 
 Canal, damaging bank, &c., of, 322; constables on, see " Constables." 
 
 Cannel coal, setting fire to mines of, 288 ; stealing from, 134, 316. 
 
 Caption, of depositions of witnesses in indictable offences, 269 ; of prisoner's 
 statement, 270; of a petty sessions, 423 ; of special sessions, 351, 
 356, 362, 367, 393. 
 
 Carnally knowing female children under ten years of age, 296 ; above ten and 
 under twelve years of age, 296. 
 
 Cart, not having owner's name on, on highway, 124, 126 ; the like, on turn- 
 pike road, 192. 
 
 Cattle, stealing, 296 ; killing with intent to steal, 296 ; maliciously killing, &c. 
 296 ; see '' Cruelty to Animals " and "Horse-slaughtering." 
 
 Cattle, driving them on causeway, 128, 192. 
 
 Cattle, slaughtering, near a turnpike road, 196. 
 
 Causeway, see " Footway." 
 
 Caution to a person accused of an indictable offence embodied in statement, 270. 
 
 Certificate of non-appearance on recognizance in summary convictions where 
 hearing adjourned, 29: in indictable offences, where remand and 
 examination adjourned, 266. 
 
 Certificate of dismissal of an information or complaint, 34. 
 
 Certificate of clerk of the peace that the costs of an appeal are not paid, 64. 
 
 Certificate of indictment being found to authorize a warrant, 261. 
 
 Certificate of gaoler of receipt of prisoner, 61, 280 ; of money found on an 
 accused in indictable offences, 281. 
 
 Certificate of consent to bail by examining justice, on back of commitment for 
 trial, 271 ; the like, on a separate paper, 277. 
 
 Certificate of justices of viewing highway proposed to be slopped up, 440 ; the 
 like, after order and making of new highway, 443. 
 
 Certificate, examining magistrate's, of expenses incurred previous to committal 
 of accused for felony, 282. 
 
 Certificate, sporting without, 119, 120. 
 
 Certificate of justices of capital subscribed to railway, 485. 
 
 Certiorari, recognizance to prosecute, 504. 
 
 Challenge, provoking to send a, 297 ; sending, 297 ; taking, 298. 
 
 Chapel, setting fire to, 288 ; disturbing congregation in church, 297 ; disturb- 
 ing congregation of Dissenters, 297 ; riotously demolishing, 335. 
 
 Character of servant, giving a false one, 156; forging or altering same, 157. 
 
 Chase belonging to the crown, see " Game." 
 
 Cheating at play, 313. 
 
 Child, stealing, 296; receiving or harbouring, 296; concealing birth of, 301. 
 
 Chimney sweepers, allowing any person under twenty oue to sweep, 92 ; 
 making chimney of wrong construction, 92. 
 
 Christmas-day, not closing alehouses on, 67, 69; the like, beerhouses, 81 ; kil- 
 ling game on, 1 15. 
 
 Church, see " Chapel."
 
 Index. 515 
 
 Church rates, recovery of, from others than Quakers, 497, 498; the like, from 
 Quakers, 498. 
 
 Clergymen, arresting, on way to or during divine service, 298. 
 
 Clerks to justices, table of fees to, under customs acts, 217, 218. 
 
 Clerk of petty sessions, monthly account of fines, &c-, received by, 62. 
 
 Clerks, larceny by, 318 ; embezzlement by, 305. 
 
 Club, forcing a workman to belong to, 93. 
 
 Coaches, stage, furiously driving and injuring persons, 338. 
 
 Coals, selling by other than weight, 92. 
 
 Coal mine, stealing from, 134, 316; setting fire to, 288. 
 
 Cockfighting, keeping a house or place for, 102. 
 
 Codicil to a will, forging, 310; stealing, destroying or concealing, 315. 
 
 Coin; information to ground search warrant for counterfeit coin, or tools, &c. 
 298 ; search warrant thereon, 298 ; counterfeiting gold or silver coin, 
 298 ; gilding or silvering coin, 299 ; impairing gold or silver coin, 
 299 ; buying counterfeit coin, 299 ; importing counterfeit coin, 299 ; 
 uttering counterfeit gold or silver coin, 299; the like, a second 
 offence, 300; uttering counterfeit gold or silver coin, and then having 
 others in possession, 300 ; uttering twice within ten days, 300 ; 
 having possession of counterfeit coin with intent to utter same, 300 ; 
 making, or mending, or having coining tools, 300 ; conveying tools or 
 coin, &c., out of Mint without authority, 301 ; counterfeiting copper 
 coin, or making, or mending, selling, receiving or having in possession, 
 without authority, any tools, &c., for such coin, 301 ; uttering false 
 copper coin, or having possession of three or more pieces thereof with 
 intent to utter, 301. 
 
 Colliers, see " Manufactures, fyc." 
 
 Collector of rates for highways, not rendering account, 124, 441, 442. 
 of tolls on turnpike road, see " Turnpike Roads." 
 
 Colt, stealing, &c. 296 ; wounding, 296 ; see " Cruelty to AnimaU." 
 
 Combination, forcing a workman to leave work, &c. 92; the like, to belong 
 to a club, &c. 93 ; the like, master to alter his mode of trade, 
 &c. 93. 
 
 Commitments (in summary convictions and orders) ; for safe custody of de- 
 fendant during an adjournment of the hearing, 28, 29; of a witness 
 for refusing to be sworn or to give evidence, 31 ; the like, for a 
 penalty for not attending to give evidence, &c. 32, 33 ; of com- 
 plainant for want of distress for costs on dismissal, 37 ; the like, on 
 confession of no goods, &c. 37 ; of defendant, on a conviction, where 
 the punishment is by imprisonment, 46; the like, on an order, 55; 
 the like, for want of distress for the costs on a conviction, 47 ; on 
 an order, 56; the like, forthwith, on confession of no goods, &c. 48, 
 56; for a penalty in the first instance, 49; on an order, 57; upon a 
 conviction where the distress would be ruinous, 60; on an order, 58; 
 the like, for want of distress, 52 ; on an order, 59 ; for a consecutive 
 period, 53 ; for a second or subsequent offence, 63, 54 ; for want of 
 distress for the costs of an appeal against a conviction or order, 65 ; 
 backing, 27. 
 
 Commitments (in indictable offences); of a person indicted. 262; of foreigners 
 committing offences in France, &c., and escaping to thw country, 
 264 ; remanding a prisoner, 264 ; of a witness for refuwng to be 
 jworn or to give evidence, 268 ; the like, if the witness attends 
 without a summons, 268 ; of accused for trial, 270; the like, where 
 brought up on remand, 271 ; of wilneis for refusing to enter into the 
 recognizance, 275; of the person charged on surrender of his bail, 
 279; the like, wheie apprehended by the bail, without warrant, 280. 
 
 L L 2
 
 516 Index. 
 
 Commitments in other matters, see the various titles. 
 
 Common gaming house, keeping, 120; and see "Gaming Houses." 
 
 Common informer, information by, 25. 
 
 Commons, &c., turning out scabbed sheep, 93 ; complaint to a justice for a 
 warrant to remove sheep, &c., infected, 93; warrant thereon, 93; 
 notice to the owner from the complainant of the examination, 94; 
 complaint by the owner of expenses incurred, where the sheep are not 
 infected, 94; order of justice for expenses, 94; justice's adjudication 
 that sheep be detained and marked, 94 ; recovery of expenses of mark- 
 ing, &c. 94; cutting out marks made by justice's order, 95; not 
 marking sheep, 95. 
 
 Compassing to depose her Majesty of the crown, 339 ; see " Queen." 
 
 Complaint for an order for money, general, 23 ; the like, for an indictable 
 
 offence, 258. 
 
 Complaint, dismissal of, in summary orders, see " Dismissal." 
 Complainant, notice to, when defendant apprehended, 29. 
 Compounding a felony, 301. 
 Concealing the birth of a child, 301. 
 
 goods to avoid a distress for rent, 106. 
 a will, 315. 
 
 Coney, trespassing in search or pursuit of, 112 ; see further " Game." 
 Confederacy and combination, unlawful, administering or taking oath to 
 
 engage in, 327. 
 
 Congregation for religious worship, disturbing, 297. 
 Consent of committing justice to take bail for an indictable offence indorsed on 
 
 commitment, 271 ; the like, on a separate paper, 277. 
 Conservatory (summary), stealing, or damaging with intent to steal, plants, 
 
 &c., in, 144; damaging, 147. 
 (indictable), 135, 147,316, 321. 
 Conspiracies, general, 301 ; to cheat, 301 ; to accuse of crime, 302. 
 
 Constable (summary convictions) ; deposition of service of summons on de- 
 fendant by, 26 ; the like, of service on witness, 30; return of, to a 
 distress warrant, 36 ; order on county treasurer for expenses of con- 
 veying defendant to gaol, 61. 
 
 (in indictable offences); deposition of service of summons on accused, by, 
 26, 260 ; the like, on a witness, 30, 267 ; constable's bill of expenses 
 for conveying accused to gaol, and order for same, 281 ; the like, of 
 conveying into another county, 272 ; the like, order to gaoler to pay 
 same, where accused had money in his possession at the time of com- 
 mittal, 281. 
 
 (summary convictions). I. As to Parochial Constables Refusing to attend 
 and be sworn, 95 ; refusing to act, 95 ; neglecting duty or disobeying 
 justice's warrant or order, 96. 
 
 II. As to County Constables Neglecting duty, 96; persons fraudulently 
 taking exemption from toll as a county constable, 96 ; assaulting or 
 resisting constable, or promoting or encouraging another to do so, 97. 
 
 III. As to Borough Constables Neglecting duty or disobeying orders, 97 ; 
 
 assaulting borough constable, 97 ; resisting borough constable, 97 ; 
 aiding or inciting another to assault or resist, 97 ; assaulting borough 
 special constable, 97. 
 
 IV. As to Special Constables Refusing to take the oath, 98; refusing to 
 
 attend to take the oath, 98 ; refusing to serve or to obey orders, 98 ; 
 assaulting special constable, 98 ; resisting special constable, 98 ; 
 promoting or encouraging another to assault or resist, 98. 
 
 V. As to Constables on Rivers, Canals, 5fc. Neglecting du(y, 99 ; assaulting 
 
 or resisting such constable, or aiding or inciting any person so to do, 
 99.
 
 Index. 517 
 
 Constables (Summary Convictions) continued. 
 
 VI. As, to Constables under Watching and Lighting Act Assaulting or re- 
 sisting such constable, or promoting or encouraging another so to do, 99. 
 Constables (Indictable). 
 
 refusing to serve office, 302 ; refusing to assist a constable when called 
 upon, 302. 
 
 Constables (Special Sessions Matters). 
 
 appointment of borough (special), yearly in October, 349; summons to 
 person appointed to take the oath, 350; oath, 351 ; certificate of 
 having taken the oath, 351 ; certificate of constable appointed by the 
 watch committee having taken the oath, 425. 
 
 (High) Appointment of, 351 ; oath, 351. 
 
 (Parochial) Justice's precept to overseers with instructions, 352354; 
 list to be returned to clerks to justices, 354 ; list to be affixed to 
 church door, 355 ; notice from one to the other divisional justices of 
 the special petty sessions, 355 ; notice to justices of sessions for the 
 union of parishes, 356 ; order of special sessions for the union of 
 parishes, 356 ; memoranda of allowance of list and appointment of 
 persons, 356; summons to constable to take oath of office, 357 ; con- 
 stable's oath, 357 ; certificate of appointment of constable and of 
 oath of office, 358; form of entering constables appointed in " The 
 Special Sessions Book," 359 ; list of constables appointed for church 
 door, 359 ; the like, for clerk of the peace and justices, 360; sum- 
 mons to the constable to serve on vacancy of the substitute, 360; 
 choice of new constable durin? the year of office, 361 ; order in petty 
 sessions for constable's or clerk's fees, 423 ; complaint for non-pay- 
 ment of order, summons and distress warrant on overseer, 424 ; com- 
 plaint against paid constable for misconduct, summons and dismissal, 
 425. 
 
 (Special) Deposition of a credible witness of tumult, &c. 419 ; precept 
 for appointing several special constables in one form, 420; precept 
 used at Worship Street, 421 ; of a non resident, 421 ; summons to 
 attend and be sworn, 421 ; constable's oath, 422; certificate of ap- 
 pointment, 422 ; notification of appointment to secretary of state and 
 lord lieutenant, 422 , justices clerks' notice convening a special ses- 
 sions for making orders for payment to constables, 361 ; justices' 
 order in special sessions for expenses, &c. 361 ; the like, where pay- 
 ment is to be made to the clerks of the justices for them to distribute, 
 362. 
 
 (County) oath, 423 ; certificate of oath, 423. 
 
 (Under Lighting and Watching Act) See " Lighting and Watching Act." 
 (On navigable tiivers and Canals) Oath, 426 ; certificate of oath, 426. 
 Contribution to guardians of union, enforcing payment of, 385 387. 
 
 Conviction, distinction between it and an order, note ('), 16 ; for a penalty to 
 be levied by distress, and in default of sufficient distress, imprison- 
 ment, 38 ; for a penalty, and in default of payment, imprisonment. 
 39; when the punishment is by imprisonment, 39; general con- 
 solidated form embodying the three last. 40; on view of a justice, 
 42, see " Enforcing Cwvictions and Orders," and " Appeal." 
 
 Coppice, setting fire to, 289. 
 Copy of the minute of an order for service, 35, 54. 
 
 Copyright of designs Selling article as registered when not so, 99 ; adver- 
 tising as registered, or after expiration of copyright, 100. 
 
 Corn, stacks or crops of, setting fire to, 289. 
 
 Corn returns Corndealer not making declaration, 100; declaration before t 
 
 justice, 426. 
 
 Corn, assault to prevent the free sale or conveyance of, 78. 
 Corrosive fluids, throwing upon person with intent to do bodily harm, 291.
 
 518 Index. 
 
 Costs on dismissal, see " Dismissal," 
 
 Costs of an appeal, see " Appeal." 
 
 Costs previous to committal in indictable offences, examining magistrate's cer- 
 tificate of, 282. 
 
 Counselling the commission of summary offence, see " Abettors" 
 
 Counterfeiting coin, see " Coin ;" pawn ticket, 170 ; weights and measures, 212. 
 
 Counting-house, breaking and stealing from, 314. 
 
 County, detached part of, description of justice when acting for, 23. 
 
 County court, justice's notice objecting to be sued in, 504, 505. 
 
 County courts, assaulting bailiff of, 101 ; making rescue of goods levied, 101. 
 
 Coursing deer, 134, 140, 315. 
 
 Cow, see " Cattle," " Cruelty to Animals." 
 
 Cricket, playing, on or near highway, 129 ; the like, turnpike road, 196. 
 
 Crime, accusing of, with a view of extorting money, &c. 286, vide " Letter, 
 Threatening," and " Sodomy." 
 
 Crops of corn, &c., setting fire to, 289. 
 
 Crowbar, having, with intent to break into a house, 207. 
 
 Cruelty to apprentices, see " Apprentices;" to servants, see " Master and Ser- 
 vant ;" to persons of tender years, 302. 
 
 Cruelty to animals Conviction in 12 & 13 Viet. c. 92. .101 ; beating, illtreat- 
 ing, &c., or causing same, 102 ; keeping cockpit or place for bull- 
 baiting, &c., 102 ; persons guilty of cruelty, and thereby doing 
 damage, 102 ; not feeding cattle impounded, 102 ; complaint for 
 recovery of cost of food supplied by a stranger to cattle inpounded 
 without food, 102 ; order thereon, 103 ; improperly conveying 
 animals, 103 ; obstructing constable or keeper of a pound, 103 ; 
 summons to proprietor of public vehicles to produce the driver, &c. 
 103; complaint of proprietor of carriage (who has paid the penalty 
 for the driver's offence) against the driver for the same, 103; order 
 for payment by the driver, 103 ; proprietor refusing to produce driver, 
 103, see further " Cattle," " Horse Slaughtering." 
 Cultivated roots or plants, stealing, 144 ; damaging, &c. 147. 
 Cursing, see " Swearing." 
 
 Curtilage, building within the, see " Burglary" and " Housebreaking." 
 Customs, forms in the schedule to 8 & 9 Vict.c. 87 (Smuggling Act), 215 217 ; 
 
 tables of fees in schedule to 12 & 13 Viet. c. 90. .217, 218. 
 Cutting or wounding with intent to murder, to do bodily harm, to disable or 
 disfigure, to prevent apprehension, &c. 291. 
 
 D. 
 
 Dam of a fish or mill pond, damaging, 322. 
 
 Damaging bridges, &c., see " Highways," " Turnpike Roads ;" fences, stiles, 
 trees, plants, &c., see " Larceny," " Malicious Injuries." 
 
 Date of offence not material in informations, 8. 
 
 Dead bodies, not giving notice to churchwardens of finding, 104 j church- 
 warden, &c., not removing or burying the body, 104; order for re- 
 imbursing overseers the expenses of interring a dead body, 104, 105; 
 disinterring (indictable), 302. 
 
 Dealers in game, offences by, 116, 117; licence to, 362. 
 
 Declaration, instead of oath, 470 ; dying declaration, 259. 
 
 Decoying away a child, 296 ; harbouring it, 296. 
 
 Deeds relating to real property, forging, 310 j stealing, 314, 315. 
 
 Deer, coursing, 134, 140, 315 ; having had a skin in possession, 141 ; setting 
 engines, &c., for, 141; stealing, 315 ; assaulting and resisting deer- 
 keepers in seizing guns, &c. 134, 292.
 
 Index. 519 
 
 Defects in informations or complaints, summonses and warrants of apprehen- 
 sion in summary convictions and orders, 8. 
 Delaying letters, see " Post Office." 
 
 Deliverance, warrant of, where accused bailed after committal, 277 ; liberate 
 on payment of penalty, &c., in summary convictions and orders, 59. 
 
 Demand of perusal and copy of a warrant from gaoler and constable, 504. 
 
 Demanding property with menaces with intent to steal same, 317; sending 
 letter to the like effect, 318. 
 
 Demolishing house, &c., see " Riott." 
 
 Deposition on charge of a summary offence substantiated, 24 ; of service of 
 
 the summons on defendant, 26; of service of summons on witness, 30. 
 Depositions of witnesses in indictable offences, 269. 
 Desertion of bastard child, 207. 
 Destroying bridges, &c., see " Highways," " Turnpike Roads ;" game by night, 
 
 see " Game;" fences, &c , boats and ships, see " Maliciout Injuriet." 
 
 Detached parts of counties, justice's jurisdiction in, 5 ; description of justice 
 when acting for, 23. 
 
 Detention of defendant, order for, until return of distress warrant, note (a), 50. 
 Detention of accused in custody, warrant for, where indictment found, 263. 
 Diluting exciseable liquors, see " Alehouses and Beerhouses." 
 Direction posts, damaging, &c., see " Highways," " Turnpike Roads." 
 
 Discharge of apprentice, see "Apprentice;" of servant, see " Master and 
 Servant." 
 
 Discharge of defendant on payment, liberate for, 59 ; see " Deliverance. 1 ' 
 
 Dismissal, order of, of an information or complaint, 34 ; certificate of dismissal. 
 34 ; minute of order for service, 35 ; warrant of distress for costs 
 upon order, 35 ; commitment for want of distress, 37 ; commitment of 
 complainant for costs immediate on confession of no goods, 37, 38. 
 
 Disobeying justice's orders, 96 ; poor law commissioners' or guardians' orders, 
 I7l ; (indictable), 303; of the direction or prohibition of a statute 
 where no penalty annexed, 303. 
 
 Disorderly conduct in alehouses or beerhouses, see those titles. 
 
 Disorderly conduct in workhouse, 174. 
 
 Disorderly house, notice by two inhabitants to constables and overseers, 303 ; 
 deposition of truth of notice by the two inhabitants, 303 ; recogni- 
 zance in 30 to prosecute by constable or overseer, 304 ; recogni- 
 zance in 20 each to give evidence by the two inhabitants, 304 ; jus- 
 tice's warrant to bring up accused, 304 ; statement of offence for the 
 commitment, 305. 
 
 Dissenters, permitting meeting in a place not certified, 105; preaching without 
 consent of occupier, 105 ; preaching before required oaths taken, 105; 
 preaching in registered building with door bolted, &c., 105; disturb- 
 ing congregation, 297 ; certificate of having taken the oaths, 427. 
 
 Distress, tenant clandestinely removing goods, 106; person aiding and assist- 
 ing, 106; order for payment of double value, 106; taking excessive 
 charges on distresses for rent, &c.. 106, 107; order of dismissal of 
 complaint, 107 ; order of treble amount taken, 107. 
 
 Distress warrants, for costs upon an order of dismissal, 35 ; constable's re- 
 turn thereto, 36 ; backing, 36 ; for costs upon a conviction where the 
 offence is punishable by imprisonment, 46 ; the like, upon an order, 
 55 ; upon a conviction for a penalty, 50; the like, for an order, 57 ; 
 on offender's goods for costs of conveyance to gaol, 60 ; for costs of 
 an appeal against a conviction or order, 64 ; see further, the various 
 titles.
 
 520 Index. 
 
 Distress, rescue of, under County Courts Act, Highways, or Turnpike Roads, 
 see those titles. 
 
 Ditches, see " Highways," " Nuisances," " Turnpike Roads." 
 
 Division of counties, statement of justices for alteration of, 505. 
 
 Dock, stealing from, 318. 
 
 Dog, ill-treating, see " Cruelty to Animals." 
 
 Dogs, stealing a dog, 107 ; complaint to ground search warrant for a stolen 
 dog, 107 ; search warrant thereon, 107 ; having a stolen dog in pos- 
 session, 108. 
 (Indictable), 315 ; corruptly taking rewards as to stolen dogs, 315, 316. 
 
 Dove or pigeon, stealing, 142. 
 
 Dredging upon the oyster bed of another, 315. 
 
 Drivers on highways and turnpike roads, see those titles. 
 
 Drovers, travelling on Sunday, 183. 
 
 Drown, attempting to, 293. 
 
 Drowning, murder by, 325. 
 
 Drugs, see " Alehouses ;" " Abortion" 
 
 Drunkenness. 
 
 1. Proceedings upon a First Offence. For being drunk, 108 ; variation in 
 the general form of conviction, 108 ; conviction on view, 42, 108 ; 
 distress warrant, 50, 108; commitment to the stocks in default of 
 distress, 108 ; warrant to the churchwardens to receive the penalty, 
 109. 
 
 II. Proceedings for a Second Offence. Information for being drunk, 109 ; 
 recognizance to be of good behaviour, and notice, 109 ; commitment 
 in default of recognizance, 109. 
 
 Drunkenness in workhouse, 174. 
 
 Duck, wild, taking, destroying, or having the eggs of, 114. 
 
 Duplicates of pawnbrokers, forging, 170. 
 
 Duty, neglect of duty by a peace officer, 302, see further, tit. " Constables." 
 
 Dwelling-house, setting fire to. person being therein, 287 ; the like, no person 
 therein, 288; stealing in, or a building communicating therewith, 
 317; the like, and putting any one in fear, 317, see "House- 
 breaking." 
 
 Dying declaration, 259. 
 
 E. 
 
 Eggs of game or wild fowl, taking, destroying or having possession of, 114. 
 Elections, giving false answers to returning officer, 305; personating voters, 
 
 305. 
 Embezzlement by workmen, see (t Manufactures, fyc." 
 
 by agents, bankers, '&c. 286, 287. 
 
 by clerks or servants, 305. 
 
 Encroachments, making, on highway, 127 ; the like, on turnpike road, 199. 
 Enforcing summary convictions and orders. 
 
 1. Enforcing Convictions on Informations. Where the punishment is by 
 
 imprisonment, 46 48 ; where for a penalty in the first instance, 49 ; 
 where penalty to be recovered by distress, 50 54. 
 
 2. Enforcing Orders on Complaints. Where the disobeying of the order is 
 
 punishable by imprisonment, 55, 56 ; where for a sum in the first 
 instance, 57 ; where sum to be recovered by distress, 57 59. 
 
 3. Enforcing Costs on Dismissal, 3437, 60. 
 
 4. Enforcing Costs of Conveyance to Gaol, 60, 61. 
 Enforcing costs of an appeal against a conviction or order, 64, 65. 
 
 Engines for taking game, see " Game;" having, &c.,for taking deer, 140, 141.
 
 Index. 521 
 
 Enlisting and swearing in recruits, 461. 
 Enticing away a child, 296. 
 
 Entry (forcible) and detainer; taking possession, 305; keeping possession, 
 306. 
 
 Escape, prison-breach and rescue; returning from transportation, 306; escap- 
 ing from gaol, 306; officer having person in charge for felony, 
 permitting his escape, 306; breaking prison, when in custody for a 
 capital offence, 306 ; conveying mask, &c., into prison to aid and 
 assist prisoners to escape, 306 ; the like instruments to facilitate 
 escape, 307 ; for prison breaking by person committed for trial, 307 ; 
 rescuing prisoner from custody of constable, 307 ; aiding a prisoner 
 in custody for treason or felony to make his escape while being 
 conveyed to prison, 307 ; rescue of a prisoner generally, 307 ; pound- 
 breach, 307, 308. 
 
 Escaping from transportation, 306. 
 
 Escape of vagrants, 208. 
 
 Estate, real, deeds relating to, forging, 310 ; stealing, 314. 
 
 Evading the payment of tolls on turnpike roads, 187 191. 
 
 Ewe, see " Cattle," " Cruelty to Animalt." 
 
 Examination of witnesses! n indictable offences, 269 ; re-examination of ditto, 
 269 ; statement of accused, 270. 
 
 Excise, general forms taken from Burn's Justice, 29th ed. 2 1 8 246. 
 
 Excise officers, assaulting, 292 ; shooting at them by smugglers, 337. 
 
 Exemption from toll, fraudulently claiming, 189, 190. 
 
 Expenses of conveyance to gaol, see " Constables." 
 
 Explosive substances, sending, inc., with intent and thereby doing injury to 
 person, 291, 293, 294 ; having or making same, with intent to com- 
 mit offence, 291. 
 
 Exposing person to insult any female, 207; indecent prints, &c. 206; wounds 
 to gather alms, 207 ; person naked to public view, 314. 
 
 Extorting money by accusing of crime, 286, 338. 
 
 Extortion by a constable, 308. 
 
 F. 
 
 Factories, forms in the schedule to 3 & 4 Will. 4, c. 103, 246-248 ; the like, 
 7 Viet. c. 15.. 248, 249. 
 
 False character of a servant, giving, 156. 
 
 False imprisonment, 308. 
 
 False oath, see " Perjury." 
 
 False pretences, obtaining goods, &c., by, 308 ; attempting to obtain charitable 
 contributions by, 207. 
 
 Family, neglecting to maintain, 202 ; running away and leaving them charge- 
 able, 207. 
 
 Farm buildings, setting fire to, 289 ; the like, produce or implement*. &c., in, 
 289. 
 
 Father of a bastard child, see " Battardt." 
 
 Fees, table of, payable to justices' clerks under smuggling acts, 217, 218. 
 
 Felony, see " Examination ;" assaults, with intent to commit, 292 ; attempt to 
 commit, 294 ; compounding. 301 ; misprison of, 309. 
 
 Fences, stealing or damaging, see " Larceny," " Maliciout Injuries" 
 
 Fermented liquors, bringing into or selling them, &c. t in a workhouse, 172. 
 
 Fern, setting fire to stacks or crops of, 289. 
 
 Filly, stealing or wounding, 296, see " Cruelty to Animalt."
 
 522 Index. 
 
 Filth, laying or suffering, to flow on highway, or turnpike road, see those titles, 
 
 also " Nuisances" 
 
 Fines, &c., received, account of, by clerks of petty sessions, 62. 
 Fire, setting fire to property, see " Arson," 
 
 Fire, making, near highway, 129 ; the like, near turnpike road, 196. 
 Fireworks, making or selling, 110 ; permitting to be thrown from a house into 
 
 the street, 110; casting into street, 110. 
 Firing off gun, &c., near a highway, 129. 
 Fisheries, destroying salmon, with lime, &c. 110. 
 Fish, angling, &c., see " Larceny" (of animals); taking or destroying, in 
 
 private water adjoining dwelling-house of owner, 309.. 
 Fish-pond, breaking down or damaging, 322, 323. 
 Fixtures, stealing, by tenants or lodgers, 314, 318. 
 Flour, see " Bread and Flour." 
 
 Football, playing at, on highway, 129 ; the like, turnpike road, 196. 
 Footway, riding, &c., on, 128 ; obstructing, 128 ; damaging same, 128. 
 Forcing a master to alter his mode of trade, &c., see " Combination." 
 Forcible entry and detainer, 433 ; see " Entry," &c. 
 Foreigners, warrant of apprehension for, committing offences in France, &c., 
 
 and escaping to this country, 263 ; commitment of them, 264. 
 Forgery (summary), certificate as to beerhouses, 83 ; pawnbrokers' duplicates, 
 
 &c. 170 ; stamps of weights and measures, 212. 
 Forgery (indictable) : a bill of exchange, 309; uttering a forged bill, 309; 
 
 a bank note, 309 ; a banker's draft, 309 ; a will, 310 ; a deed, 310; 
 
 a bond, 310 ; an acquittance or receipt, 310; an accountable receipt, 
 
 310 ; purchasing or having same, 310 ; making or having moulds for 
 making paper for bank notes, 310 ; using or having bank papers, 311; 
 engraving on a plate a bank note, 31 1 ; using same ia printing, 311 ; 
 uttering forged printed paper, or having same, 311 ; engraving on a 
 plate, &c., a word or number, &c. 311; making false entries of stock, 
 31 1 ; a transfer of stock, 311 ; a power of attorney to sell out stock, 
 
 311 ; an attestation to a power of attorney, 312 ; at common law, 
 312. 
 
 Forms, general, in summary convictions and orders, 23 65 ; the like, in 
 indictable offences, 258 284 ; the like, in special sessions matters, 
 341,342. 
 
 Fortune-telling, 206. 
 
 Frames, not returning after notice, 111 ; selling or disposing of hired stocking 
 frame, &c. 339 ; receiving or purchasing same, 339. 
 
 Fraudulently removing goods to avoid a distress for rent, 1 06 ; claiming exemp- 
 tion from turnpike toll, 189, 190. 
 
 Fraudulently destroying or concealing wills, 315. 
 
 Friendly societies, disobeying justice's order (indictable), 312; (summary), 
 obtaining money from the society by fraud, p. 428, Nos. 1 and 2. 
 
 Friendly societies (Petty Sessions). 
 
 Complaint of member where dispute referred to arbitration, and either 
 party does not conform thereto, 428 ; summons thereon, 429 ; order 
 of two justices thereon, 429; complaint of member excluded, &c., 
 where such disputes referred by rules to justices, 429 ; summons to 
 the stewards, 430; award or adjudication of justices adjudging rein- 
 statement of member, and a sum in default, 430 ; complaint for dis- 
 obeying the last order, 430 ; summons thereon, 431 ; distress warrant 
 on goods of society, or stewards, for amount adjudged in default of 
 reinstatement, 431, 432 ; complaint of member where the society 
 neglected to appoint arbitrators within forty days after application, 
 or the arbitrators have not made any award, 432 ; summons and jus-
 
 Index. 523 
 
 Friendly societies (Petty Sessions) continued. 
 
 tice's determination of dispute, 432 ; complaint on non-payment of 
 fees and sums under award of registrar of friendly societies, summons 
 and order for payment, 432. 
 
 Fruit, stealing or damaging, &c., see " Larceny;" " Malicious Injuriet." 
 
 Funds, public, forgery as to, see " Forgery." 
 
 Furious driving or riding on a highway, 126. 
 
 Furlough of a soldier, extension of, 463 ; letter certify ing same to regiment, 463. 
 
 Furze, setting fire to stacks of, 289 ; the like, growing or cut down, 289. 
 
 G. 
 
 Game (summary convictions). 
 
 General observations, 111,112. 
 
 I. Trespass in Search of la search or pursuit alone, 112 ; to the number 
 of five or more, 112 ; trespasser refusing to tell his name, &c. 112 ; 
 giving an illusory description, 113 ; continuing or returning upon the 
 land, 1 13 ; trespassers found armed, and using violence, 1 13 ; aiding 
 or abetting in last offence, 113; in her Majesty's forests, Sec. 1 13. 
 II. Killing without Certificate, 113; using dog, snare, &c., to take game, 
 114; officers in the army taking, &c., game, 114; laying poison to 
 kill game, 114; taking eggs, or destroying them in the nest, 114; 
 having eggs in possession, 114; hares or conies in warrens in the 
 day-time, 114; setting snares for same, 1 15. 
 
 III. Killing an Sunday, Sfc. 115; using a dog, engine, &c., for, 115. 
 
 IV. Killing out of Season, 115. 
 
 V. Selling without Certificate Uncertificated or unlicensed person selling, 
 
 115 ; certificated person selling to an unlicensed person, 115. 
 VI. Buying, $c., unlawfully Buying game from an unlicensed person, 
 115; unlicensed person buying or selling birds of game ten days 
 after lawful time, 116; unlicensed person having possession after 
 forty days, 1 1 6. 
 
 VII. Offences by Licensed Dealers, fa. Licensed dealer buying from an 
 uncertificated or unlicensed person, 116; selling without board out- 
 side his shop, 116; affixing board to more than one house, &c. 1 16; 
 selling at any other place than where board is affixed, 116; selling 
 or having possession of birds of game ten days after lawful time, 117; 
 unlicensed person assuming to be licensed, 117. 
 
 VIII. Offences by Occupiers Pursuing, killing, or taking game, where not 
 
 entitled, 117; giving permission to any other person to do so, 117. 
 IX. Night Poaching Taking or destroying game or rabbits by night, 118 ; 
 the like, on a public road, highway, &c. 118 ; entering by night on 
 land with gun to take or destroy game, 118 ; convictions for offences, 
 118 ; forms for enforcing, 118, 119; recognizance of offender and 
 sureties not so to offend again, 119; no'ice thereof to offender and 
 sureties, 119. 
 
 X. Sporting without Certificate Information on 52 Geo. 3, c. 93 (Sched. 
 L.), 119, 120. 
 
 Game (indictable) Taking or killing hares or conies in warrens by night, 3 12; 
 takino- game or rabbits by night, or using net, &c., for taking same on 
 landor public load, after two previous summary convictions, 312; 
 offenders found and assaulting keeper with gun, fitc. 312, 313 ; three 
 or more entering land, one being armed, 313. 
 
 Game (Special Sessions) Notice of special sessions, 362 ; licence to deal in 
 game, 362, 363. 
 
 Game (Petty Sessions) Authority to kill hares, 433 ; register book of autho- 
 rities, 433 ; notice of revocation of authority, 434. 
 
 Games of chance, playing at, in street, &c. 207.
 
 524 Index, 
 
 Gaming, cheating at play, 313. 
 
 Gaming houses, keeping common, 120 ; keeping billiard table, &c., without 
 licence, 120 ; licence for billiards, &c. 349 ; warrant to enter, 434. 
 
 Gaol, order for expenses of conveying offender to, see " Constable." 
 
 Gaoler's receipt for a defendant in summary convictions and orders, 61 ; 
 monthly account of monies received, 62 ; receipt for accused in in- 
 dictable offences, 280 ; certificate of money found on accused, 281. 
 
 Gaols and houses of correction, conveying liquors into, 121 ; keeper of, per- 
 mitting liquors to be sold or brought into, 121 ; conveying articles 
 into, against rules, 121 ; assaulting officer of, in execution of duty, 
 121. 
 
 Garden, stealing or damaging trees, plants, fruit, &c., in, see "Larceny ;" 
 " Malicious Injuries." 
 
 Gates, stealing or damaging, see " Larceny ;" " Malicious Injuries." 
 
 Gelding, stealing or wounding, &c. 296. 
 
 General forms in summary convictions and orders, 2365 ; the like, in indict- 
 able offences, 258 284 ; the like, in special sessions matters, 341 , 342. 
 
 Gipsies, encamping on highway, 129; the like, on turnpike road, 196. 
 
 Girl, see" Abduction;" " Carnally knowing female Children." 
 
 Good behaviour, recognizance for, 495. 
 
 Gorze, setting fire to, 289. 
 
 Grain, setting fire to stacks or crops of, 289. 
 
 Granary, setting fire to, 288 ; riotously demolishing, 334. 
 
 Greenhouse, see " Conservatory." 
 
 Grouse, killing out of season, 115. 
 
 Guardians of the poor, to give authority to an officer to prosecute for offences, 
 170 ; recovery of their orders for contribution from overseers, 385 
 387; complaint on behalf of, under Nuisances Act, 466. 
 
 Gun, using to kill game, see " Game ; " firing off, near a highway, 129. 
 
 Gunpowder, carrying more than 25lbs. by land, 122; using mill for making 
 gunpowder contrary to act, 122; making gunpowder with a pestle 
 mill, 122. 
 
 H. 
 
 Hares, authority to kill, from owner or occupier, without a game certificate, 
 433 ; register book of authorities, 433 ; notice of revocation of autho- 
 rity, 434. 
 
 Haulm, stack of, setting fire to, 289. 
 
 Hawkers and pedlars, conviction, 249; licensed person not having name on 
 packages, &c. 249 ; persons not licensed painting words " licensed 
 hawker" upon pack, 250 ; the like, continuing same words on pack, 
 &c. 250 ; trading without a licence, 250 ; trading contrary to licence, 
 250 ; refusing to produce licence, 250 ; commitment of offender till 
 penalty levied, 251. 
 
 Hawkers pitching their tents upon a highway, 129; the like, upon a turnpike 
 road, 196. 
 
 Hay, stack of, setting fire to, 289 ; the like, in farm building, 289. 
 
 Health (Public) Act, 1848 ; conviction given in act, 123. 
 
 (Petty Sessions matters) : complaint for rates, 434 ; summons 
 thereon, 435 ; distress warrant, 435 ; application and complaint by 
 owner where occupier prevents execution of works required, 436 ; 
 summons to occupier, 436 ; order to permit execution of works by 
 owner, 437. 
 
 Heath, setting fire to a, 289. 
 
 Hedges, see " Highways," " Larceny," " Malicious Injuries." 
 
 Heiffer, see " Cattle ;" " Cruelty to Animals."
 
 Index. 525 
 
 Higgler, travelling on a Sunday, 183 ; pitching tent on highway, 129; the like, 
 on turnpike road, 196. 
 
 High Constable, warrant of, in general to petty constables, 341 ; appointment 
 of, 351 ; oath of, 351 ; justices' clerk's notice to, of parish officers 
 appointed, 506. 
 
 High seas, see " Admiralty" 
 High treason, see " Treason." 
 Highways (Summary Convictions). 
 
 I. Offences by Surveyors Neglecting duty, 123 ; not accounting, 123 ; 
 
 leaving heaps of stone. &c. 124. 
 
 II. Offences by Collector Not rendering account, 124 (see " Errata") ; 
 conviction and commitment, 124. 
 
 III. Offtiices by Owners and Drivers of Carts, fyc. Owner using waggon 
 
 without name, 124 ; driver acting for two carts, 125 ; driver or owner 
 riding without guide, 125 ; negligently causing damage, 125 ; quit- 
 ting the road, 125 ; being at improper distance, 125 ; leaving cart on 
 road, 125; driving without owner's name and refusing to discover it, 
 126; not keeping proper side, 126; preventing anothar passing, 
 126; hindering another, 126; not keeping on the left side, 126; 
 driving furiously, 126; riding furiously, 126; commitment of a 
 driver by one justice for refusing to discover his name, 126, 127. 
 
 IV. Nuisances Making encroachments, 127; sinking pit, or erecting 
 
 steam engine within twenty-five yards, 127 ; burning limestone, 
 bricks, &c., within fifteen yards, 127; riding on footpath, 128; 
 leading or driving on footpath, 128; tethering on highway, 128; 
 damaging fence, &c. 128 ; obstructing footway, 128 ; injuring the 
 surface of highway, 128; damaging posts, blocks, &c., or stones, 
 &c. 128; cutting down the banks, 128; damaging stones, &c.. on 
 bridges, 129; defacing milestones, &c. 129; playing on highway, 
 129; gipsey, &c., encamping, 129 ; making bonfires, 129 ; firing off 
 gun, 129; letting off fireworks, 129; baiting bull, 129; laying 
 timber, &c., on highway, 129; suffering filth to flow on, 129; 
 obstructing highway, 129; poundbreach, 130; damaging the pound, 
 130; rescuing distress, 130. 
 V. Other Offences Taking materials without surveyor's consent, 131. 
 
 Highways (Special Sessions Matters ) : Notice of special sessions for appoint- 
 ing special sessions for the highways for the year ensuing, 363 ; 
 justices' appointment of special sessions, 363; justices' clerk's notice 
 to parish officers of same, 363 ; precept to high constable, 364 ; 
 high constable to surveyors, 364 ; schedule to be returned by sur- 
 veyors to magistrates, 364 ; allowance of accounts, 365 j varia- 
 tions where some items disallowed, 384 ; justices' clerk's state- 
 ment from accounts of surveyors for secretary of state, 365 ; form 
 of entering balances, &c., of surveyor's accounts in special ex- 
 penses book. 386 ; appointment of surveyor by justices, 367 ; in- 
 formation where road out of repair, summons to surveyor, and order 
 of justices directing an indictment to be preferred, 367 ; justices' 
 appointment of person to view and report on highway, 368 ; order for 
 justices themselves to view, 368 ; justices' order to repair highway, 
 
 369 ; information and summons on disobedience of lart order, 369 ; 
 justices' order to pay money for repairs, 370 ; order of justices 
 fixing rate for carrying materials by ra'e payers, 370 ; notice by sur- 
 veyor of intention to take materials out of inclosed or open field lands, 
 
 370 ; consent ol owner and occupier, 370, 371 ; licence from justices 
 to dig, &c., materials, 371 ; the like, to get them in another parish, 
 
 371 ; information and summons to enable justices to fix boundane* 
 of highway lying in two parishes, 372 ; final order and adjudication, 
 373 ; summons to show cause why a highway repaired ral'one tenurie, 
 &c, should not be made a parish highway. 373; order ihereon, 
 374 ; application, summons and order tor owner of land to prune 
 hedges and cut down trees, 374 ; justices' notice to surveyor to show
 
 Index. 
 
 Highways (Special Sessions Matters) continued. 
 
 cause why a poor labourer should not be excused from highway rates, 
 375; order thereon, 376; information and summons against owner 
 of lands refusing his consent to allow stones to be gathered thereon, 
 376 ; licence to gather stones, 377 ; order for erecting direction 
 posts and guide posts, 378 ; order of justices for surveyor to pay 
 money to treasurer of turnpike trust, 378, 379. 
 
 Highways (Petty Sessions Matters) : Complaint by surveyor of person not 
 removing nuisances pursuant to his notice, 436 ; summons thereon, 
 437 ; justices' order to surveyor to remove the nuisance, 437 ; notice 
 to remove snow, &c. 437 ; order of two justices for widening a high- 
 way, 438 ; certificate to the quarter sessions, 438 ; notice of divert- 
 ing, &c., highway, 438 ; consent of owner, 439 ; outline of proofs of 
 posting, &c., notices with verification of plan, 439 ; certificate of 
 justices of view, &c. 440 ; certificate of two justices that a new road 
 is completed and in good repair, 441 ; allowance of highway rate, 
 441 ; see tit. " Rates " for recovery ; complaint of surveyor against 
 collector for not paying monies to surveyor, 441 ; summons, 442; 
 warrant of distress, 442 ; commitment in default of distress, 442, 
 443 ; certificate of justices of highway made by individuals, &c., 
 having been substantially made, 443. 
 
 Homicide, see " Murder." 
 
 Hop-oast, setting fire to, 288. 
 
 Horse, see " Cattle," " Cruelty to Animals." 
 
 Horse slaughtering ; persons licensed not affixing name, &c., to premises, 131 ; 
 not immediately cutting off hair of cattle, 131 ; not killing within 
 three days, 131 ; not supplying cattle with food, 131, 132 ; employ- 
 ing horse brought for slaughter, 132; person found using horse, 132 ; 
 licensed person not entering cattle in book, 132 ; refusing to produce 
 book, 132 ; refusing inspection of book, 132; making false entry in 
 book, 133 ; slaughterman refusing to pay the expenses of advertising 
 cattle supposed to be stolen, 133 ; lending a slaughtering house, 133. 
 
 Hothouses, plants or fruits growing in, see " Conservatory." 
 House, dwelling, setting fire to, 287, 288 ; see " Housebreaking" 
 
 Housebreaking, breaking and entering a dwelling-house or building with a 
 communication between them, and stealing therein, 313; the like, a 
 building within the curtilage, but no communication, 313; a shop, 
 warehouse, &c. 314. 
 
 Hundred, examination before a justice of person damnified by rioters, 380 ; 
 recognizance to prosecute offenders, 380 ; notice to the high con- 
 stable, 380; notice for church door, 381 ; high constable's notice to 
 claimant and justices of special petty sessions, 381 ; order for pay- 
 ment of damage by treasurer of county, 381. 
 
 Husbandry, servants in, see " Master and Servant." 
 
 I. 
 
 Identity, deposition of, of person apprehended after indictment found, 262, 263. 
 
 Identity, solemn declaration of, 470, 471. 
 
 Idiots, see Lunatics. 
 
 Idle and disorderly persons under Vagrant Act, 202 206. 
 
 Ill-treating cattle, see ''Cruelty to Animals;" paupers in workhouse, see 
 "Poor;" apprentices, see "Apprentices;" servants, see " Master and 
 Servant." 
 
 Impeding a person saving himself from wreck, 291. 
 
 Inciting a person to commit a felony, see " Accessaries," " Soliciting to commit 
 Crimes."
 
 Index. 
 
 527 
 
 Inclosures, damaging allotment, 133,148; valuer's declaration before actine 
 443 ; certificate of formation of roads under local or general inclo- 
 sure act, 443. 
 
 Incorrigible rogues under Vagrant Act, 208, 210. 
 
 Indecency, exposing person to insult females. 207; indecent books, prints &c 
 206; exposing person naked to public view, 314; printing or pub- 
 lishing indecent books, &c. 314. 
 
 Indictable offences, outline of provisions of Jervis's Act as to, 1820. 
 
 Indictment found against offender, warrant to apprehend upon, 262 instruc- 
 tions for, 283. 
 
 Information (general) or complaint, 23,24; at the suit of an informer, 25; 
 for a second and third offence, 25; against an aider or abettor, coun- 
 sellor or procurer, 26. 
 
 (general) for an indictable offence, 258 ; against an accessary after the 
 fact, 259 ; to ground search warrant for stolen goods, 259. 
 
 Informer, information at the suit of, 25. 
 
 Innkeeper, offences by, see " Alehouses." 
 
 Inoculation, see " Vaccination." 
 
 Insane persons or prisoners, see " Lunatics." 
 
 Inspectors of factories, see " Factories ;" see also " Lighting and Watching Act," 
 " Horse Slaughtering," " Weights and Measures." 
 
 Instructions for indictment, 283. 
 
 Introduction to this Collection, 1 22. 
 
 J. 
 
 Jurisdiction of justices in summary convictions and orders, 4 7 ; in indict- 
 able offences, 4 7. 
 
 Jurors, justice's clerk's notice to high constable of special petty sessions for 
 allowing list of jurors, 382 ; the like, to churchwardens and over, 
 seers, 382 ; to justices, 382 ; allowance of accounts, 382. 
 
 Justice's notice of objection to being sued in a county court, 504, 505. 
 Justices, special description of, for counties, &c. &c. 23. 
 Justices, assault upon, in execution of their duty as to wreck, 292. 
 
 Justices' order, disobeying (summary), 96; indictable, 303. 
 
 to a constable to make a return to a warrant, 505. 
 Justice's clerks' fees, table of, under Smuggling Act, 217, 218. 
 Justice's clerks, account of fines, &c., received, 62. 
 
 Juvenile offenders: persons not exceeding fourteen years of age, committting, 
 &c., certain indictable offences, 133, 134 ; aiding offence, 134. 
 
 Statements of Offences applicable For simple larceny, 134 ; assaulting 
 deerkeepers, 134; coursing deer in inclosed places, 134; the like, 
 in uninclosed places, after a previous conviction, 134; larceny of a 
 valuable security, 134; stealing oysters, 134; stealing ores from 
 mine, 134, 135; stealing or cutting trees, &c., in a park, &c., value 
 above 1 . . 135 ; the like, elsewhere, if value above 5. . 135 ; the 
 like, value 1*. at least, after two previous convictions, 135 ; stealing 
 in gardens, &c., after a previous conviction, 135; stealing, cutting, 
 &c., metal, &c., fixed to houses, &c. 135; larceny by tenants or 
 lodgers, 135. 
 
 Other Forms Recognizance for appearance at petty sessions, 135; en- 
 largement of recognizance, 135; recognizance of a witness to give 
 evidence, 136 ; convictions, with whipping, &c. 136 ; commit- 
 ments, 136, 137; appointment to whip a juvenile offender, 137; 
 order to detain a defendant in custody till the day given for 
 payment of a penalty, 137 ; recognizance of offender to appear at
 
 528 Index. 
 
 Juvenile Offenders continued. 
 
 the day appointed for payment of the penalty, 137 ; recognizance 
 for good behaviour, 137 ; order for restitution of stolen property, 
 138 ; order on defendant for the payment of the value of stolen pro- 
 perty, 138; certificate of convicting justices of costs incurred, 138; 
 order by the convicting or any other justices on the county treasurer 
 for the amount certified, 139; certificate of expenses and order for 
 payment embodied in one, 139, 140. 
 
 K. 
 
 Keelman, preventing them from working, 78. 
 Keepers of gaols, see " Gaols." 
 
 Killing cattle with intent to steal, 296; deer maliciously (summary), 140; 
 the like (indictable), 134, 315; game, see ' Game;" salmon, 110. 
 
 Labourers in different trades, see " Manufactures, fyc."; in husbandry, see 
 
 " Master and Servant." 
 Lamb, see " Cattle," " Commons," " Cruelty to Animals," and " Sheep." 
 
 Landlord and tenant; tenant fraudulently removing goods, 106; larceny by 
 tenant or lodgers, 318; recovery of small tenements, 444, 445; 
 complaint to ground warrant to assist in levying, 446; warrant 
 thereon, 447; as to deserted premises, information, notice and record 
 of possession, 445, 446. 
 
 Landrails, trespass in search, &c., of, 112. 
 
 Larceny (punishable summarily). 
 
 I. Of Animals. Coursing, &c., deer in uninclosed places (1st offence), 
 
 140; complaint for search warrant for venison or engine, &c. 140; 
 search warrant thereon, 140; having deer or engine, 141 ; complaint 
 for a summons against person through whose hands venison passed, 
 141 ; summons thereon, 141; statement of offence for conviction, 
 141 ; setting engines, &c., for deer, 141 ; destroying fence of land 
 where deer kept, 141 ; stealing beast or bird not larceny at common 
 law, 142; having same in possession, 142; killing, &c., house-doves 
 or pigeons, 142 ; taking, &c., fish in private water, not belonging to a 
 dwelling-house, 142; angling in the daytime in water adjoining a 
 dwelling-house, 142; angling in other water, 142. 
 
 II. Of Trees, Fences, fyc. Stealing, &c., trees, shrubs, &c., of value of 
 
 Is , 143; stealing, &c., fences, stiles, gates, &c. 143; complaint for 
 a search warrant for stolen trees, fences, &c., to value of 2s., 143; 
 search warrant thereon, 143; having stolen trees, &c. 143 ; stealing, 
 &c., plants, fruits, &c., in gardens, &c. 144; stealing, &c., roots or 
 plants, &c., growing elsewhere, 144. 
 
 III. Accessories and Receivers. Aiding and abetting, &c., in the commis- 
 sion of offences, 144 ; knowingly receiving, 144. 
 
 Discharge from a first conviction, 144 ; discharge from custody, where 
 offender discharged from conviction after committal, 144, 145; con- 
 victions with variations, 1 45 ; forms for enforcing the convictions, 145. 
 Larceny (Indictable). 
 
 Simple, of the personal goods of another, 314 ; of orders, debentures, 
 bills, bonds, &cc. 314; of deeds, &c., relating to real property, 314; 
 of wills or codicils, 315 ; fraudulently destroying or concealing will, 
 fcc. 315; of records and other documents, 315; injuring same, 315; 
 deer in inclosed ground, or killing or wounding same, &c. 134, 315 ; 
 the like, in uninclosed ground (second offence), 134,315; oysters
 
 Index. 529 
 
 Larceny (indictable) continued. 
 
 from bed of another, 134, 315 ; using dredge for taking oysters, 315 ; 
 dragging net on ground, 315; dogs (second offence), 315; having 
 possession of stolen dogs (second offence), 315; corruptly taking 
 reward as to stolen dogs, 315, 316 ; stealing or damaging with intent 
 to steal trees, &c., growing in parks, &c., value above \L, 316 ; the 
 like, growing elsewhere, exceeding 5/., 135, 316; the like, of value of 
 1 . (third offence), 135, 316 ; the like, plants, fruits, &c., in gardens, 
 &c. (second offence), 135, 316 ; the like, metal, wood, &c., fixed to 
 houses, land, or in any public place, 135, 316; stealing or severing 
 ore from mines, and by workmen in Cornish mines, 134, 135, 316 ; 
 stealing from the person, 316; robbery from the person, and by put- 
 ting in fear, 316; robbery and wounding, 316; robbery, and being 
 armed, 316, 317; robbery, and in company with one or more other 
 persons, 317; robbery, and using violence, 317 ; demanding property 
 with menaces, with intent to steal same, 317 ; stealing in a dwelling- 
 house, or a building communicating therewith, to the value of 51. or 
 more, 317 ; stealing in a dwelling-house and putting any one therein 
 in bodily fear, 3 1 7 ; from manufactures to value of 10s. ,31 7; from 
 ships in quay, 317 ; the like, stranded, 318 ; from docks, wharfs, &c. 
 318 ; by clerks or servants, 318 ; by tenants or lodgers, 318 ; after a 
 previous conviction, 318. 
 Lead fixed to houses, &c., stealing, 135, 315. 
 Lessee, see " Landlord and Tenant." 
 Letters, offences as to, see " Post Office." 
 
 Letter threatening to kill any person or burn house, &c. 318 ; demanding 
 money, &c., without reasonable or probable cause, 318 ; accusing or 
 threatening to accuse of a crime, with a view to extort money, 319; to 
 kill or burn, &c., under 10 & 11 Viet. c. 66. .319. 
 Lewdness, see Indecency." 
 
 Libels against the Queen, 319; against justice, 319; publishing or threatening 
 
 to publish a libel upon any person, &c. t with a view to extort money, 
 
 319; publishing any defamatory libel, 320 ; maliciously publishing 
 
 any defamatory libel, 320. 
 
 Liberate by a justice on payment of a penalty, &c. 59 ; on bail being taken for 
 
 accused after committal for an indictable offence, 277. 
 Licences, see the various titles. 
 
 Lights, false, exhibiting, to bring a ship into danger, 323. 
 Lighting and Watching Act, assaulting or resisting constables appointed under, 
 99; damaging lamps, &c. 145; extinguishing light of lamp, 146; 
 complaint of clerk of inspectors for recovery of damage from person 
 carelessly breaking lamps, &c., summons and order for payment, 146 ; 
 watchmen, &c., refusing to deliver up clothing on resignation or re- 
 moval, 146. 
 
 (Matters in Petty Sessions, &c.) Oath of constable, 357; justice's cer- 
 tificate of constable appointed by the inspectors having taken the 
 oath, 447 ; allowance of inspectors' annual accounts, 447 ; recovery 
 of rates for lighting or watching, 447 ; complaint against overseers 
 for not paying amount of inspector's order, 448 ; summons thereon, 
 448 ; distress warrant on overseers, 448 ; complaint against treasurer 
 and officers neglecting to account, 449. 
 
 Lime, killing salmon, &c., by, 110 ; putting, in fishponds, 323. 
 Linen factories, see " Manufactures," Sue. 
 Loan societies, complaint, &c., of amount due on notes, 449. 
 Loom, damaging silk, &c., in the, 320. 
 Lord's day, see " Sunday." 
 
 Lunatics, order for the reception of a pauper patient, 449, 450 ; justice's order 
 
 M M
 
 Index. 
 
 Lunatics continued. 
 
 to bring up a lunatic, 450 ; order for the reception of a pauper 
 patient, 451; second medical certificate, 42 ; order adjudging settle- 
 ment, 452; order for expenses of examination, &c. 453, 454; the 
 like, and for payment of costs in one form, 454 ; order for expenses, 
 where the settlement is not ascertained, 454 ; order adjudging lunatic 
 chargeable to a county, 455 ; the like order for expenses, 455 ; order 
 adjudicating settlement where it is afterwards ascertained, 456 ; order 
 for expenses on parish where adjudged to be settled, 456; order in 
 the case of a non-chargeable lunatic for charges of examination on 
 guardians, &c. 457 ; order to convey dangerous lunatic to asylum, 
 458 ; order adjudicating settlement and payment of expenses, 458 ; 
 order on treasurer of county for expenses where settlement not ascer- 
 tained, 459 ; order adjudging settlement of criminal lunatic, and pay- 
 ment of expenses, 459 ; order on treasurer of county wheie settlement 
 not ascertained, 460. 
 
 M. 
 
 Machinery, damaging, 320 ; riotously demolishing, 334. 
 
 Magistrate, see " Justice." 
 
 Maiming cattle, 296 ; custom-house officers, 337. 
 
 Maintenance of family or bastard, neglecting, 202; of relations, 481,482. 
 
 Maintenance (indictable) of suits or quarrels of others, 320. 
 
 Malicious injuries (summary). 
 
 I. To Trees, Plants, Fences, fyc. Trees, shrubs, &c., to amount of !., 
 
 147; plants, fruits, &c., in gardens, &c. 147, roots, plants, &c. 
 
 growing elsewhere, 147; fences, stiles, gates, &c. 147; practical 
 
 observations, 147, 148. 
 
 II. To any other Property Any other real or personal property, 148; 
 
 conviction, 148. 
 
 III. Accessories Aiding and abetting, &c., offenders, 26, 148; discharge of 
 offender from a first conviction, and from custody, 144, 148. 
 
 Malicious injuries (indictable). 
 
 To manufactures, machinery, &c. 320 ; entering any house, &c. 
 with intent to commit offence, 320 ; to thrashing or any other 
 machine, &c. 321 ; to dwelling-house (person being therein) by 
 gunpowder or other explosive substances, 321 ; to trees, &.C., growing 
 in parks, &c., injury exceeding li., 321 ; the like, growing elsewhere, 
 injury exceeding 5/., 321 ; the like, to amount of Is. (third offence), 
 321 ; to plants, fruits, &c. in gardens, &c. (second offence), 321 ; 
 to hop binds growing on poles in plantation of hops, 321 ; to mines, 
 by flooding, 321 ; to airway, 322; to engines, &c., of mines, 322; to 
 stailh, building, &c., of mines, 322 ; to bridge, waggonway, &c., of 
 mines, 322; to banks of rivers and canals, 322; to locks, &c., of canals, 
 
 322 ; to piles for securing sea banks, 322 ; to floodgates, 322 ; to 
 mill ponds, 322; to fish ponds, 322, 323 ; putting lime in fish ponds, 
 
 323 ; to public bridges, 323: to turnpike gates, 323 ; to wall, chain, 
 &c., of turnpike gate, 323 ; to house, weighing machine, &c. 323 ; 
 to ships, whether unfinished or not, with intent to destroy same, 323; 
 exhibiting false signals to bring ships into danger, &c. 323 ; doing 
 anything else to destroy ship, 323 ; destroying part of a ship in dis- 
 tress, or any goods belonging thereto, 324 ; throwing gunpowder or 
 other explosive substance into or near any building or vessel, with 
 intent to destroy same, 324 ; to boat, buoys, &c., 324 ; to scientific 
 and literary collections in museums, &c., 324 ; to pictures, &c., in 
 a church, &c. 324 ; to statues in public view, 324. 
 
 Maliciously killing or wounding cattle, 296. 
 Malt, hindering free sale or conveyance of, 78. 
 Malt-house, setting fire to a, 288. 
 Manslaughter, 325.
 
 Index. 531 
 
 Man traps and spring guns, setting or permitting, 338. 
 
 Manure, laying upon highway, 129 ; the like, on turnpike road, 197. 
 
 Manufactures, &c. 
 
 I. As to Artificers, Manufacturers, Miners, fyc. Making illegal contract 
 under Truck Act, 149; making illegal payment, 149; colliers or 
 miners working contrary to their contracts, 149; desisting from en- 
 gagement, 150 ; fraudulently stacking coal, &c. 150 ; removing iron- 
 stone, &c., fraudulently, 150. 
 
 II. As to Workmen in the Cotton, Fustian, Hat, Linen, Woollen, Flux, 
 Hemp, Mohair, Silk, Fur, Leather, 01- Iron Manufactures, and Dyers. 
 Embezzling, &c., materials or tools, 150 ; not returning unused mate- 
 rials, 150 ; refusing inspection by owner, 151 ; receiving materials in a 
 fictitious name, 151; giving such materials to others, 151; selling, &c., 
 wrought or unwrought materials, 151 ; buying materials from a work- 
 man, 151 ; buying embezzled materials, 151 ; complaint for search 
 warrant for having purloined leathern, &c., materials in possession, 
 152; search warrant thereon, 152; conviction, 152, 153; neglecting 
 work, &c. 153; for taking in work for others, 153. 
 
 III. As to Workmen in the Cotton, Flax, Linen, Mohair, Silk, or Woollen 
 
 Hosiery Manufactures. Persons entrusted with materials, selling, 
 &c., same, 154; neglecting to return materials for 14 days, 154; 
 buying materials from a workman, 151, 154 ; other persons selling or 
 pawning materials, 154; not finishing work by time agreed on, 154 ; 
 absenting himself from employment, 154; receiving materials in a 
 fictitious name, 151, 155. 
 
 IV. Regulations as to Mines. Owner employing female therein, 155; 
 
 employing boy under ten years of age, 155 ; permitting boy under ten 
 to be in colliery, 155; parent misrepresenting age, 155; paying 
 wages at public house, 156. 
 
 Mare, see " Cattle;" "Cruelty to Animals." 
 
 Marine stores, offences by dealers in, see " Wreck and Salvage." 
 
 Master and servant (summary). 
 
 I. As to False Characters of Servants. Personating master and giving 
 false character of a servant, 156; falsely asserting that a servant was 
 in a particular service, &c. 156; falsely asserting that the servant 
 was discharged, or that he had not been hired in a previous service, 
 157 ; servant offering himself with a false certificate of character, 
 157 ; pretending not to have been in service, 157. 
 
 II. As to Misbehaviour by Servants in Husbandry, fyc., and Masters Ser- 
 vants misbehaving, &c. 157, 158 ; conviction and abatement of part 
 of wages for misbehaviour in lieu of imprisonment, 158; conviction 
 and discharge of servant for misbehaviour in lieu of imprisonment, 
 158; servant not commencing service under written contract, 158; 
 having entered upon contract, absenting or neglecting to fulfil same, 
 159; servant guilty of any other misconduct under 4 Geo. 4, c. 34, 
 159; conviction and abatement of wages for misbehaviour, &c., in 
 lieu of imprisonment and abatement, KiO ; conviction and discharge 
 of servant from contract for misbehaviour, &c., in lieu of imprison- 
 ment and abatement of wages, 160 ; artificer absenting from service, 
 160; master ill-using, &c., servant, 160; conviction of master 
 thereon, and discharge of servant, 160. 
 
 Master and servant, complaint, Sec., for recovery of wages, 460, 461. 
 
 Master of union workhouse, offences by, see " Poor." 
 
 Measures, see " Weights and Measures." 
 
 Medical officer of union, certificate by, under Nuisances Act, 464, 465. 
 
 Menaces, demanding money with, 317 ; sending letter to that effect, 318. 
 
 Merchant seamen, see " Seamen." 
 
 Milestones, destroying, &c., on highway, 128 ; the like, on turnpike road, 200. 
 
 M M 2
 
 532 Index. 
 
 Military law, officer or soldier forcibly entering a house for deserters without 
 justice's warrant, 160; billet master taking money, 161; detaining 
 clothes, &c., from soldiers, 161 ; see further, " Mutiny," infra. 
 
 Mill, setting fire to a, 288 ; riotously demolishing, 334. 
 
 Mill pond, destroying dam of a, 322. 
 
 Mine, stealing or removing ore from, 134, 316; damaging, 321, 322. 
 
 Minute of adjudication in summary convictions and orders, 33; minute of 
 order for service, 54, 55. 
 
 Miscarriage, administering drugs, or using instrument to procure, 285. 
 
 Misprison of felony, 309. 
 
 Money found on accused committed for an indictable offence, order to gaoler for, 
 to pay expenses of his conveyance to prison, 281,282, 
 
 Moravian, affirmation by, 471. 
 
 Murder, by stabbing, shooting, throwing a stone, beating, riding over the de- 
 ceased, strangling, or drowning, 325 ; by poisoning, 326 ; see " At- 
 tempts to Murder, fyc." 
 
 Mutiny, information to a justice that person apprehended is a deserter, 461 ; 
 commitment of deserter to gaol, 461 ; return of deserter, 462, 463; 
 extension of a furlough, 463; letter certifying same to the command- 
 ing officer, 463, 464. 
 
 N. 
 
 Navigable rivers and canals being found in possession of instruments for pro- 
 curing liquors, 161 ; the like, for carrying away liquors, 161 ; pierc- 
 ing casks, &c. 161 ; cutting open roll of goods in warehouse, 162 ; 
 drinking liquors, 162; spilling liquor, 162; see further, " Con- 
 stables." 
 
 Neglect of duty as a peace officer, see *' Constable." 
 
 Net, using to take game, see " Game." 
 
 Night poaching, see " Game." 
 
 Note, promissory, forging, 309 ; stealing, 314. 
 
 Nuisances on highways, 127, 131 ; on turnpike roads, 195, 201 ; (indictable), 
 326, 327. 
 
 Nuisances removal and diseases prevention owner or occupier not complying 
 with justice's order for cleansing, &c., premises, 162; wilfully vio- 
 lating directions of General Board of Health, 163 ; occupier refusing 
 to comply with a justice's order requiring him to permit the necessary 
 works to be executed, 163; conviction, 164; notice by two house- 
 holders to guardians, 464 ; certificate by medical or relieving officer 
 of existence of nuisance, 464, 465 ; notice of entry by public authorities, 
 465 ; the like, by a committee, 465 ; complaint in order to obtain a 
 summons, 466 ; summons, 467 ; order for removal of nuisances, &c. 
 467, 468 ; application for a summons for recovery of costs, 468 ; 
 summons, 469 ; or<fer for payment, 469 ; application by owner where 
 occupier prevents execution of works required, 469 ; summons to the 
 occupier, 469 ; order to permit execution of works by owners, 469, 
 470. 
 
 O. 
 
 Oath of constables on appointments, see " Constables." 
 
 Oaths, declaration in lieu of, 470; statements of identity, 470, 471 ; authenti- 
 cating a signature, 471 ; of correctness of copy, 471 ; verifying exe- 
 cution of a deed, &c. 471 ; affirmations of Quakers, Moravians and 
 Separatists, 471 ; oath on receiving an information or complaint, 471. 
 
 Oaths, false, see " Perjury." 
 
 administering or causing to be administered any oath to commit felony,
 
 Index. 533 
 
 Oaths continued, 
 
 &c. 327 ; taking same without being compelled, 327 ; administering 
 or causing to be administered, or present thereat, any oath to disturb 
 the public peace, &c. 327, 328 ; taking same without being com- 
 pelled, 328. 
 
 Obliterating records, 315. 
 
 Obscene books or prints, exposing to view, 206, 314. 
 
 Obstructing constables, see " Constables;" officers of customs in prevention of 
 smuggling, 337. 
 
 Obstructing highway, 128, 129; turnpike road, 196; watercourse, 198. 
 
 Obtaining money, &c., by false pretences, 308. 
 
 Occupier killing game, 117; giving permission to any other person to do so, 117. 
 
 Offences in gaols, see " Gaols and Houses of Correction ;" in workhouse, 173 
 176. 
 
 Offence, second or third, information for, 25. 
 
 Office, refusing to execute, 302. 
 
 Officers of the army, killing or taking game, 114, see " Military Law." 
 
 Officer, peace, assaulting (summary), see " Constables ;'' (indictable), 292. 
 
 Opposing making of proclamation in case of riot, 334. 
 
 Orchard, see " Conservatory." 
 
 Order (General), for payment of money to be levied by distress, and in default 
 of distress, imprisonment, 42 ; for payment of money, and in default 
 of payment, imprisonment, 43 ; for any other matter where the dis- 
 obeying of it is punishable with imprisonment, 43 ; consolidated 
 form, embodying the three previous, 44, 45; minute of order for 
 service, 54. 
 
 Order of dismissal of an information or complaint, 34. 
 
 Order, disobeying, see " Justice's Order." 
 
 Order of justices to constable requiring a return to be made to a warrant, 505. 
 
 Ore, stealing or removing from mines, 134, 135, 316. 
 
 Outhouse, setting fire to, 288. 
 
 Overseers, refusing to return list of constables, &c. 164, see" Beerhouses;" 
 appointment of overseers at special sessions, 383, 384 ; allowance of 
 accounts of, 384 ; recovery of union contributions from, 385 387. 
 
 Oysters, stealing or dredging for, 315. 
 
 P. 
 
 Pales in a fence, stealing, 143 ; damaging, 147. 
 
 Pardon on first conviction under Larceny and Malicious Injuries acts, 144, 
 145, 148. 
 
 Parish apprentice, see " Apprentices." 
 
 Parks, see " Larceny" and " Malicious Injuries." 
 
 Partridge, killing, out of season, 115, see " Game." 
 
 Passengers by railways, frauds by, 179. 
 
 Pauper lunatics, see " Lunatics." 
 
 Paupers committing offences in workhouse, see " Poor." 
 
 Pawnbrokers. 
 
 I. Offences fry Pawnbrokers Neglecting to attend justice's summons with 
 books, &c. 164, 165; buying, &c., goods in course of manufacture, 
 165; buying, &c., linen or apparal, 165; application of borrower 
 against pawnbroker for not delivering goods on payment of principal 
 and interest, 165; summons or warrant to pawnbroker, 166; jus- 
 tice's order to deliver goods pawned to the owner, 166; refusing to 
 deliver up goods, and conviction and commitment, 166 ; taking more
 
 534 Index. 
 
 Pawnbrokers continued. 
 
 than the legal interest, 166 ; refusing to give copy of a pawn ticket, 
 and deliver declaration, 166, 167 ; selling goods pawned before a 
 year, 167 ; taking pledges from persons under twelve, or intoxicated, 
 )67; carrying on trade on a Sunday, &c. 167; taking in pawns 
 before eight a.m. or after seven p.m., between 29th September and 
 25th March, 167, 168 ; the like, before seven a.m. or after eight p.m. 
 between 25th March and 29th September, 168 ; the like, after eleven 
 o'clock at night on Saturday, 168 ; not having name and description 
 over door, 168 ; not exhibiting a table of interest, 168, 169 ; taking a 
 pledge without giving a duplicate, where the goods were pawned in 
 an assumed name, 169; not giving a note legibly written describing 
 the thing pawned, 169. 
 
 II. Illegal Pawning, Forging Duplicates, fyc. Knowingly pawning goods 
 without authority, 169 ; conviction, 170 ; forging duplicates, &c. 
 170 ; uttering same, 170. 
 
 Pawnbrokers (Petty Sessions) Information to ground search warrant for un- 
 finished goods, 472 ; search warrant, 472 ; information to ground 
 search warrant for goods unlawfully pawned, 472, 473 ; search war- 
 rant, 473 ; award of satisfaction to the party injured, when goods by 
 neglect, &c., are rendered of less value than when pawned, 473. 
 
 Peace, sureties for, see " Sureties." 
 Peace officer, see " Constables." 
 Pedlar, see " Hawkers and Pedlars." 
 
 Perjury, at common law, 328 j subornation of perjury, 328 ; before judge of a 
 county court, 328. 
 
 Person, indecently exposing, 207, 314 ; robbery from the person, 316. 
 
 Personation of seamen, &c., or their representatives, for their pay, pension, &c., 
 329 ; of soldiers, for their prize money, &c. 329 ; of bail, &c. 329 ; 
 of owners of stock, 329. 
 
 Perusal, demand of, of warrant from a constable and gaoler, 504. 
 
 Petty sessions division, statement of justices for alteration of, 505. 
 
 application to quarter sessions to hire place for holding, 506. 
 Petty sessions, clerks of, monthly account of fines, &c., received by, 62. 
 Pheasants, killing, out of season, 115, see " Game." 
 
 Pictures, exhibiting indecent, see " Indecency ;" damaging, in a church, &c. 324. 
 Pigeon, killing, wounding or taking, 142. 
 
 Piracy at common law, 329 ; the like, with violence, 329, 330. 
 Pistol, firing off, near highway, 129. 
 
 Plants, stealing, damaging, &c., see " Larceny," " Malicious Injuries." 
 Plumage of stolen birds, having, 142. 
 Poaching, see " Game." 
 
 Poison, administering, to procure abortion, 285 ; with intent to murder, 293 ; 
 laying, to kill game, 114. 
 
 Police, see " Constables" 
 
 Polygamy, 330. 
 
 Ponds, breaking down the dam of, 322. 
 
 Poor (Summary). 
 
 General Observations, fyc. Authority from board of guardians to an officer 
 to prefer complaint, &c. 170; information under such authority, 171. 
 I. Offences by Overseers, fyc. Disobeying order of guardians, 171 ; dis- 
 obeying commissioners' orders, 171 ; neglecting to collect sufficient 
 rates, whereby relief delayed, 171 ; embezzling money, &c. 172 ; 
 acting in relation to applications in bastardy, 172.
 
 Index. 535 
 
 Poor (Summary) continued. 
 
 II. Offences by Workhouse Master, fyc. Carrying, &c., spirits into work- 
 house, contrary to rules, 172 ; order of justices that salary of officer 
 offending be stopped for payment of penalty, 172. 
 
 III. Offences in Workhouse, 3fc. Bringing spirits into workhouse, 173 ; 
 special description of inmates, 173; damaging or embezzling clothes, 
 173 ; regular inmates refusing to work, or misbehaving, &c. 173, 
 174; occasional poor refusing to work, 174 ; absconding from work- 
 house with clothes, &c. 174 ; conviction and commitments, 174, 175 ; 
 buying, &c., parish goods, 175; obliterating the marks or stamps on 
 apparel, &c. 175. 
 
 Poor (Special Sessions Matters.) 
 
 Precept to high constable for returning lists of overseers, 382 ; high con- 
 stable's warrant to petty constables, 383; notice to justices, 383; 
 return of the vestry to the magistrates, 383 ; appointments of over- 
 seers, 383, 384; entry in special sessions book, 384 ; allowances of 
 accounts of overseers not in an union, 384 ; application, summons, 
 and distress warrant, for contribution to union, 385 387 ; appoint- 
 ment of special sessions for the year for appeals against rates, 387 ; 
 precept to petty constable to affix notice, 387 ; notice for church 
 door, 388 ; notice to overseers, 388 ; notice of objection to rate, 388 ; 
 summons to a witness, 389 ; rules for regulating the practice on 
 hearing appeals, 389, 390 ; decision of special sessions upon appeal, 
 391 ; order respiting appeal, 391; recognizance on appeal against 
 decision of the special sessions, 391. 
 
 Poor (Petty Sessions Matters), see " Apprentices." 
 
 Appointment of assistant overseer by two justices, 473 ; certificate of charge- 
 ability of paupers, 474 ; order of a justice for temporary relief to a 
 stranger, 474 ; the like, for temporary medical relief, 474 ; complaint 
 for relief, 474 ; summons to two of the overseers, 475 ; order of re- 
 lief, 475 ; summons to repay relief given by way of loan, 475 ; order 
 for payment, 476 ; commitment for non-payment, 476 ; complaint to 
 attach wages, 476, 477 ; summons to the man and master, 477 ; order 
 to attach wages, 477 ; distress warrant thereon, 478 ; commitment in 
 default, 478 ; assignment of pension from Chelsea Hospital, 478 ; the 
 like, of Greenwich out pension, 479 ; the like, of any civil or military 
 service, 479 ; complaint for an order for payment of pension, where 
 family of pensioner have become chargeable, 479; order for pay- 
 ment to guardians on parish, 480 ; certificate of insanity of pensioner, 
 480 ; complaint for an order of maintenance, summons and order, 
 481 ; statement of offence in disobeying order, 482 ; order to seize 
 property of persons running away and leaving family chargeable, 482 ; 
 notice to quit a parish cottage, 482 ; information for refusing to quit a 
 parish cottage, 482, 483 ; summons, 483 j warrant to give possession, 
 483 ; justices' order excusing a poor person from payment of poor's 
 rates, 484 ; allowance of rates, 485 ; recovery of rates, see " Rates ;" 
 appointment of select vestry, 485. 
 
 Port, stealing from a vessel in, 317, 318. 
 Posts used as fence, see " Larceny," " Malicious Injuries" 
 Post Horses, information and summons, 251 ; conviction and warrant of dis- 
 tress, 252 ; commitment in default, 253 ; letting for hire without 
 making entry in the weekly account, 253. 
 recovery of post horse duties, 485. 
 
 Post Office Forms in the stat. 1 Viet. c. 36; information, summons, conviclion. 
 
 warrant of distress, and commitment in default, 254, 255. 
 recovery of postages, 485. 
 
 Post Office (Indictable), stealing or embezzling letters, 330 ; the like, if con- 
 taining money, &c. 330 ; stealing from letters, 330 ; stealing a post 
 letter bag, letters from it, or a mail, 330 ; stopping a mail, 330 ;
 
 536 Index. 
 
 Post Office continued. 
 
 stealing a post letter from a post office packet, 330, 331 ; receiving 
 letters, &c., so stolen, &c. 331 ; opening letters, 331 ; delaying 
 letters, 331 ; retaining or secreting, or (being required) refusing to 
 deliver up letters, &c., lost or misdelivered, 331. 
 
 Poundbreach releasing cattle impounded for straying on inclosed land, 175; 
 the like, on the way to the pound, 176 ; damaging the pound, &c. 
 176; the like, for straying on highways, 130; the like, turnpike 
 roads, 200,201; poundbreach (indictable), 331. 
 
 Precept (general) from juslices to high constables, 341. 
 
 Prisoner, statement of, in indictable offences, and caution to, 270. 
 
 Printers using a printing press or types without notice, &c. 176. 
 
 Prize fights, complaint to ground warrant for apprehension of intended com- 
 batants, 485 ; warrant, 485. 
 
 Process to issue on summary convictions and orders, 15, 26, 27 ; for indictable 
 offences, 18, 260264. 
 
 Proclamation in case of riot, 493 ; opposing the making of it, 334. 
 
 Procuring commission of offences, see " Accessories." 
 
 Promissory notes, issuing, under twenty shillings, 177; forging, 309; stealing, 
 314. 
 
 Prostitute behaving in a riotous or indecent manner, 203. 
 
 Protection of justices from vexatious actions, analysis of Jervis's Act as to, 
 911. 
 
 Provisions of Jervis's Acts as to forms, 2 11. 
 Provoking to send a challenge, 297 ; a dog to bite, 293. 
 
 Q. 
 
 Quails, trespassing in search or pursuit of, 112. 
 
 Quakers, affirmation of, 471 ; church rates and tithes recovered from, 498. 
 
 Quarter sessions, convictions and orders to be filed at, 16, note (t). 
 
 Quay, stealing from vessel in, 317, 318. 
 
 Queen, discharging or aiming, &c., fire arms at the Queen, 332 ; producing 
 
 gun, &.C., near to the Queen, 332. 
 Queen's forests, trespassing in search or pursuit of game in, 1 13. 
 
 R. 
 
 "Rabbits, see ' Conies." 
 
 Rails, used as a fence, see " Larceny," " Malicious Injuries." 
 
 Railways (Summarily). 
 
 I. Offences by benants of Railway Companies.- Engine driver, &c., being 
 drunk, 177 ; committing offence against bye-law, 177 ; doing or 
 omitting to do any act whereby life endangered, 177 ; the like, whereby 
 trains obstructed, 177; aiding offenders, 178; conviction, 178. 
 II. Offences by other Persons. Obstructing inspector of railways, 178 ; 
 obstructing officer of railway, 178; trespassing upon railway, 178 ; 
 aiding or assisting offender, 178; injuring boards of bye laws, &c. 178; 
 obstructing persons in setting out the line, 178, 179; passenger tra- 
 velling in carriage without having paid fare, 179; travelling beyond 
 distance for which fare paid, 179 ; refusing to quit carriage on arriving 
 at end of journey, 179; offending against bye-laws, 179; injuring 
 boards of bye-laws, penalties, &c. 179. 
 
 Railways (Indictable). 
 
 Servants guilty of misconduct while employed, 177, 332 ; negligently 
 doing, or omitting to do, any act whereby life should or might be 
 endangered, or trains impeded, 177, 332 ; any person doing anything 
 to obstruct engine, or to endanger safety of passengers, 332, 333.
 
 Index. 537 
 
 Railways (Matters in Petty Sessions.) 
 
 Certificate of two justices that whole of capital has been subscribed, 
 485 ; order on railway company for payment of special constables, 
 
 486, 487. 
 
 Rape, 333. See " Carnally knowing Female Children," " Assaults." 
 
 Rates, parochial, allowance of, 485; forms as to appeal against, 387 391 ; 
 complaint against one defaulter for, 487 ; the like, against several, 
 
 487, 488 ; summons, 488 ; distress warrant against one, 489 ; the 
 like against several, 490 ; commitment in default of distress, 491 , 492 ; 
 complaint for recovery of portion of rate on party removing, 492 ; 
 summons to both defaulters, 492; warrant of distress, 492. 
 
 Real estate, deeds relating to, forging, 310 ; stealing, 314. 
 
 Receipt, gaoler's, for a defendant in summary convictions and orders, 61 ; the 
 like, for accused in indictable offences, 280. 
 
 Receiving stolen property (summary), 144 j (indictable), where the stealing 
 amounts to a felony, 333 ; where a misdemeanor, 333. 
 
 Recognizance (summary convictions and orders) of defendant on adjournment 
 of hearing, 28 ; for appearance on return of distress warrant, 51 ; on 
 appeal against a conviction or order, 63. 
 
 Recognizance (indictable offence) of accused on remand, 265; for answer 
 indictment, 276 ; discharge of, see " Bail." 
 
 Recognizance for the peace, 495. 
 
 Records, stealing, obliterating, &c. 315. 
 
 Red game, killing or taking, out of season, 1 15. 
 
 Re-examination of witnesses in indictable offences, 269. 
 
 Register of summary convictions and orders, 62 ; of persons committed or held 
 to bail for indictable offences, 272. 
 
 Releasing cattle impounded, see " Pound-breach." 
 
 Relieving officer, see offences by overseers, &c., tit. " Poor." 
 
 Remand, warrant of, for an indictable offence, 264 ; order to bring up accused 
 before expiration of the remand, 265 ; see " Recognisance." 
 
 Removal of lunatics, see " Lunatics." 
 
 Removing goods to avoid a distress for rent, 106. 
 
 Rent, see " Distress," " Landlord and Tenant." 
 
 Rent-charge, complaint against joint owner for compulsory contribution to, 
 498; summons, 499; order, 499. 
 
 Reputed thieves frequenting public places with intent, &c. 208. 
 
 Rescue, see " Escape, fyc.," " Pound-breach." 
 
 Resisting apprehension, see "Assaults," " Constables," " Vagrants." 
 
 Restitution of property stolen by juvenile offenders, orders for, 138. 
 
 Return of constable to a distress warrant, 36. 
 
 Returning from transportation, 306. 
 
 Revenue officer, assaulting, 292. 
 
 Reward, corruptly taking, as to stolen dogs, 315 ; as to stolen property in 
 general, 333. 
 
 Riding, furiously, 126; on footpath on side of highway, 128; the like, on turn- 
 pike road, 192. 
 
 Riot; opposing the making of proclamation, 334; the proclamation, 493; 
 twelve or more remaining one hour thereafter, 334 ; the like, where 
 proclamation hindered and not made, 334 ; riotously demolishing, or 
 beginning to demolish, a church, house, stable, warehouse, &c. 334, 
 335 ; order to close alehouses and beerhouses in case of riot, 493. 
 
 Rivers, see " Navigable Riven and Canals," " Malicious Injuries."
 
 538 Index. 
 
 Robbery, from the person, 316; and putting in fear, 316; and wounding, 316; 
 and being armed, 316, 317; and in company with one or more 
 other persons, 317 ; and using violence, 317 ; assault, with intent to 
 rob, 292 ; upon the high seas, 329. 
 
 Rogues and vagabonds under Vagrant Act, 206208. 
 
 Roots, see " Larceny," " Malicious Injuries." 
 
 Rubbish, laying, on highway, 129 ; the like, turnpike road, 197. 
 
 Rules of poor law commissioners, disobeying, 171. 
 
 Running away and leaving family chargeable, 207. 
 
 Rural police, see " Constables." 
 
 S. 
 
 Sabbath, see " Sunday." 
 
 Sacrilege, breaking and entering a church, and stealing therein, 335; stealing 
 in a church, &c., and breaking out of same, 335. 
 
 Sailor, see " Seamen." 
 
 Salmon, see " Fisheries." 
 
 Saplings, see " Larceny," " Malicious Injuries.'' 
 
 Scabbed sheep, see " Commons, fyc.," " Sheep." 
 
 Sea, warrant for offences committed at, 261. 
 
 Seamen, master not having a written contract as to wages, &c. 179, 180 ; fraudu- 
 lently using a seaman's register ticket, 335 ; giving false answer 
 respecting a lost register ticket, 335 ; master, &c., forcing a seaman 
 on shore, 336 ; personating them for their pay, &c., 329. 
 
 Seamen (petty sessions matters), complaint, &c., for wages where about to sail, 
 493, 494 ; warrant of distress on master of ship, 494 ; the like, on the 
 ship, &c. 494 ; commitment in default, 494. 
 
 Search warrant, information for, for stolen goods (general), 259 ; warrant, 
 261. 
 
 Seditious meetings for an unlawful combination and confederacy, 180, see 
 " Treason." 
 
 Separatists, affirmation by, 471. 
 
 Servants, see " Manufactures, ifc.," " Master and Servant." 
 
 Service of summons on defendant in summary convictions and orders, deposi- 
 tion of constable of, 26 ; the like, on witness, 30 ; the same, in 
 indictable offences, 26, 260, '266, 267. 
 
 Settlement of lunatics, see " Lunatics ;" of poor, 473. 
 
 Sheep bringing infected sheep, &c., into a market, &c. 180; depasturing 
 
 infected sheep, &c., on a forest, See. 180 ; publicly exposing for sale 
 
 meat unfit for human food, 180, see further " Commons, $fc." 
 Sheep, illtreating, see " Cruelly to Animals ;" stealing or wounding, &c. 296. 
 Ship, setting fire to, 288; stealing from, 317, 318; damaging, 323, 324. 
 Ship's ballast throwing ballast, &c., into a river, &c. 181. 
 Ship's passengers master of ship under two hundred tons carrying- more than 
 
 twenty persons between Great Britain and Ireland without licence, 
 
 181; forms under 12 & 13 Viet. c. 33. .494, 495. 
 Ship's register detaining a certificate of registry, 181, 182; warrant thereon, 
 
 182; justices' certificate of detainer, &c., in order that customs' 
 
 officers may register vessels de novo, 1 82. 
 Shipwreck, stealing from, 318. 
 Shop, breaking into, and stealing therein, 314. 
 Shrubs, stealing, damaging, &c., see " Larceny," " Malicious Injuries."
 
 Index. 539 
 
 Signals, false, exhibiting, to bring a ship into danger, 323 ; making, to 
 smuggling vessels, 336. 
 
 Smuggling Forms given in 8 & 9 Viet. c. 47.. 215 217. 
 
 (Indictable), making signals to smuggling vessels, 336; armed assemblies, 
 to the number of three or more, for smuggling, 336 ; aiding therein, 
 336 ; five or more assembled to rescue offenders, 336 ; shooting at 
 boats, &c., within one hundred leagues, 336, 337 ; shooting at or 
 wounding officers, &c. 337 ; in company with more than four others 
 with smuggled goods, 337 ; in company with one other person with 
 goods, and armed or disguised, 337 ; assaulting or opposing officers on 
 duty, 292, 337 ; the like, while searching for goods, 337. 
 
 Snares, see " Game" " Larceny." 
 
 Snaring deer, 140 ; having snares or engine for taking deer, 141. 
 
 Snipes, see " Game." 
 
 Sodomy with mankind, 337, 338; with an animal, 338; accusing or threat- 
 ening to accuse thereof, with a view to extort money and thereby 
 extorting same, 338 ; the like by letter, no money being extorted, 
 319; accusing thereof in any other way, 286. 
 
 Soldiers, see " Military Law ;" " Mutiny ;" personating, for their prize money, 
 &c. 329. 
 
 Special constables, deposition of facts and circumstances rendering appoint- 
 ment necessary, 419; appointment and other forms, 420 422. 
 
 Special sessions, general forms for convening, 341, 342. 
 
 Sporting without certificate, 119, 120. 
 
 Spring guns and man traps, setting, in the day-time, 338. 
 
 Stabbing, see "Attempts to Murder, 3fc." 
 
 Stable, setting fire to a, 288. 
 
 Stage coaches, furiously driving and injuring person, 338, 339. 
 
 Stealing, see " Larceny." 
 
 Steam engine, erecting, near highway, 127. 
 
 Stocking frames, not returning, after notice, 111 ; selling or disposing of hired 
 one, 339 ; receiving or purchasing same, 339. 
 
 Stolen goods, information for search warrant for, 259 ; warrant to search, 261 ; 
 receiving, 333. 
 
 Stile, stealing, damaging, &c. see " Larceny ;" " Malicious Injuries.'' 
 
 Stores, marine, see " Wreck and Salvage." 
 
 Subornation of perjury, see " Perjury." 
 
 Subsequent felony, 318, 339. 
 
 Summons (in summary convictions and orders) to defendant, 26; to a witness, 
 30 ; depositions of service, 26, 30. 
 
 Summons (in indictable offences) to accused, 260 ; to a witness, 266 ; deposi- 
 tion of service, 26, 267. 
 
 Sunday, trading on, 183 ; publicly crying wares, &c., on a, 183 ; travelling on, 
 183 ; see " Alehouses," " Beerhouses." 
 
 Sureties for the peace ; complaint, warrant, commitment, recognizance and 
 notice thereof, liberate, 495, 496. 
 
 Surrender of accused by his bail, complaint for, 278 ; warrant and commit- 
 ment, 279, 280. 
 
 Surveyors of highways and turnpike roads, see those titles. 
 
 Swearing cursing and swearing, 183; conviction of a labourer, &c. 183, 
 184 ; commitment, 184; conviction of a person above a labourer, 
 &c. 184 ; commitment, 184.
 
 540 Index. 
 
 T. 
 
 Tenant, see " Landlord and Tenant." 
 
 Tent, pitching, on highway, 129; the like, on turnpike road, 196. 
 
 Theatres keeping house without licence, 184 ; performing in unlicensed house, 
 
 184: conviction, 184. 
 
 (Special Sessions) application to clerks to justices by manager for licence, 
 392 ; justice's clerk's notice to justices, 392 ; licence of theatre and 
 rules, 393 ; recognizance of manager and sureties for observing rules, 
 393; notice of recognizance, 394 ; order rescinding, &c., rules, 394 ; 
 order to close theatre in case of riot, &c. 394. 
 
 Thieves, reputed, frequenting public places, 208. 
 
 Threshing machine, destroying, 321. 
 
 Threatening to accuse of crime, 286, 338 ; by letter, 319. 
 
 Timber, laying it on highway, 129; the like, on turnpike road, 197. 
 
 Tithes, rent-charges and church rates complaint for recovery of tithes due 
 from other persons than Quakers, 496; summons, order and distress 
 warrant, 497 ; the like, church-rates, 497, 498 ; the like, for reco- 
 very of tithes and church-rates, and payments due from Quakers 
 only, 498 ; compulsory contribution to rent-charge, 498, 499. 
 
 Tolls on turnpike roads, offences as to, 187 191. 
 
 Trading on Sunday, 183 ; hawkers trading without or contrary to licence, 250. 
 
 Training to arms, see " Arms." 
 
 Transfer of alehouse or bagatelle licences, 346 348. 
 
 Transportation, returning from, 306. 
 
 Traverse, condition of bail recognizance, when accused entitled to, 276. 
 
 Treason, 339, see " Queen." 
 
 Trees, stealing, damaging, &c., see " Larceny," " Malicious Injuries." 
 
 Trespass in search of game, see " Game." 
 
 Truck act, making illegal contract under, 149 ; making illegal payment, 149. 
 
 Turnpike roads (Summary Convictions). 
 
 I. Offences by Toll Collector Demanding greater or less toll, &c., than 
 authorized, 185; not having his name on toll-house, 185; taking 
 toll from a person exempt, 185; refusing to permit or hindering a 
 person reading the inscription on board, 185; refusing to tell his 
 name, 186 ; giving a false name, 186 ; refusing to give a ticket, 186 ; 
 detaining passenger after paying toll, 186; using abusive language 
 to trustee or passenger, 186; complaint against lessee or farmer of 
 tolls for penalty incurred by toll collector who absconds after con- 
 viction, 186; the like, where toll collector absconds before convic- 
 tion, 187 ; summons thereon, 187 ; order on lessee or farmer for 
 payment of penalty, 187. 
 
 II. Offences as to Tolls Unloading at gate, 187 ; loading after passing 
 gate, 187; unloading to pay less toll, 187 ; driver not waiting for 
 other carriages to be weighed, 188 ; refusing to remove from weigh- 
 ing machine, 188; turning out of road, 188; going off road, 188; 
 owner or occupier permitting person to go over land, 188 ; giving or 
 receiving tickets from other persons than collectors, 188 ; forging or 
 altering ticket, 188, 189; fraudulently, &e., passing through gate, 
 
 189 ; leaving horse upon road, 189 ; taking off horse, 189; adding 
 another horse, 189; doing any other act to evade, 189 ; fraudulently 
 claiming or taking exemption under general act. 1 89, 190 ; claiming 
 exemption under a local act, 190; refusing weighing of carriage, 
 
 190 ; resisting toll keeper in weighing, 190; evading measurement of 
 wheels, 190; refusing measurement of wheels, &c. 190; attempting 
 to pass before measurement, if required, 190; obstructing collector 
 in making measurement, 191 ; passing without paying toll, 191 ;
 
 Index. 541 
 
 Turnpike roads (Summary Convictions) continued. 
 
 complaint against owner for recovery of penalty incurred by his 
 driver, who has absconded, 191 ; summons thereon to the owner, 
 191 ; order thereon on owner for payment, 191. 
 
 III. Offences by Drivers, Owners, &$c. Riding upon footpath, 192 ; 
 driving or leading on footpath, 192 ; damaging footpath or fences, 
 192; driving upon, or damaging, or using footpath to the prejudice 
 and annoyance of passengers, 192 ; owner not having name, &c., on 
 waggon, 192 ; painting fictitious name on waggon, 192 ; not using 
 skidpans, 192 ; having charge of two carts, 193 ; driver under 
 thirteen years of age, 193 ; carriers' dogs not fastened, 193 ; riding 
 upon waggon without guide, 193 ; negligently causing damage, 193, 
 194; quitting the road, 194; being at improper distance, 194; 
 driving without owner's name, 194; refusing to discover owner's 
 name, 194 ; not keeping proper side of road, 194 ; preventing person 
 passing, 194; hindering any other carriage, 195; complaint against 
 owner for recovery of penalty incurred by driver who absconds, 
 order, &c. 191, 195. 
 
 IV. Nuisances and other Offences Damaging bridge, walls, &c. 195; 
 hauling timber, &c., on road, 195; suffering timber to trail, 195; 
 injuring surface by lipsticks, &c. 195; slaughtering beasts on road, 
 196; obstructing passenger by projecting bar, &c. 196; encamping 
 or pitching stalls, &c. 196; blacksmith's shop, 196; making bon- 
 fires, 196; letting off fireworks, 196; baiting bull, 196; playing at 
 game, 196; leaving cart, &c., on road for unreasonable time, 196; 
 not placing cart, &c., at side during unloading, &c. 197 ; laying 
 dung, &c., on, 197 ; suffering filth, &c., to flow on, 197 ; swine da- 
 maging, 197; leaving block-stones, &c. 197; damaging lamp-post, 
 &c. 197, 198; extinguishing light of lamp, 198; damaging table of 
 tolls, 198; obliterating inscriptions, &c., thereon, 198; breaking 
 posts, fences, &c. 198 ; obstructing watercourse by rubbish, &c. 
 198 ; scraping, &c., without consent, 198 ; preventing another pass- 
 ing, 198 ; making pits within thirty feet, 199 ; not keeping ditch, &c., 
 clean, 199 ; making buildings on, 199 ; filling up ditch, 199 ; build- 
 ing on waste, 199; injuring surface of road, 199; turning plough 
 on ground, 199 ; making other encroachments, 200 ; damaging mile- 
 stones, direction posts, &c. 200 ; obliterating letters, figures, &c., 
 thereon, 200 ; erecting windmill, 200 ; conviction, 200 ; pound- 
 breach, &c. 200 ; damaging the pound, 201 ; rescuing before distress 
 discharged, 201 ; hindering or rescuing goods distrained, 130, 201. 
 
 Turnpike roads (Special Sessions) order of justices for surveyors to pay money 
 
 to treasurer of turnpike trust, 378, 379. 
 
 (Petty Sessions) warrant from a justice to enter the toll-gate house and 
 remove the persons therein, 499 ; complaint, summons, and distress 
 warrant against officer not accounting, 500 ; commitment for want 
 of distress, 501 ; commitment for refusing to deliver up books, 
 501, 502. 
 
 U. 
 
 Underwood, stealing or cutting, &c., with intent to steal, 143; damaging, 147. 
 Union, guardians of, offences in workhouse of, &c., see "Poor." 
 Unlawful oaths, see " Oaths." 
 Unnatural offence, see " Sodomy." 
 Uttering, see "Coin," "Forgery." 
 
 V. 
 
 Vaccination, producing small pox by inoculation, 201 ; the like, by other 
 
 means, 02. 
 Vagabond, see " Vagrants."
 
 542 Index. 
 
 Vagrants. 
 
 I. Idle and disorderly Persons Neglecting to maintain family or bastard 
 child, 202; returning after removal by order, 202 ; hawker trading with- 
 out a licence, 202 ; prostitute behaving indecently, 203 ; begging alms, 
 203; causing child to beg, 203 ; having money at time of applying 
 for relief, 203; conviction on view, 203 ; conviction, general, 203; 
 commitments, 203, 204 ; information to ground search warrant for 
 vagrants, 205 ; search warrant thereon, 205 ; convicting justice's 
 order to sell effects, or apply money found upon offender towards 
 costs, 205, 206. 
 
 II. Rogues and Vagabonds Second conviction as an idle and disorderly 
 person, 206; fortune tellers, 206; lodging in outhouses, &c. 206; 
 exposing indecent exhibition in street, 206; the like, in shop window, 
 &c. 206; exposing person, 207 ; exposing wounds, 207; collecting 
 alms under fraudulent pretences, 207 ; running away, leaving 
 family chargeable, 207 ; woman deserting her bastard child, 207; 
 gaming in any public place, 207; having picklocks, &c., with intent, 
 &c. 207; being armed witli gun, &c., with intent, &.c. 207; having 
 instrument with intent, &c. 208 ; on premises for an unlawful pur- 
 pose, 208 ; reputed thieves frequenting public places with intent, &c. 
 208 ; resisting apprehension, 208. 
 
 III. Incorrigible Rogues Vagrants breaking out of confinement, 208 ; 
 second conviction as a rogue and vagabond, 209; resisting appre- 
 hension, 209 ; recognizance to prosecute an incorrigible rogue at the 
 sessions, 209; convicting justice's certificate of expenses, 209. 
 
 Valuable security, stealing, 134, 314 ; obtaining by false pretences, 308. 
 
 Vegetable productions growing in gardens, &c., stealing or damaging with 
 intent to steal, 144; damaging, 147. 
 
 Vessels, see " Ship." 
 
 Victuallers, see "Alehouses." 
 
 View of justices, see "Landlord and Tenant," "Highways." 
 
 Voluntary examination of accused in indictable offences, 270. 
 
 Voters, see " Elections" 
 
 W. 
 
 Wages, recovery of, of apprentices, 401 ; of servants in husbandry, 460, 461 ; 
 
 of seamen, 493, 494. 
 
 Wages, assault in pursuance of a conspiracy to raise, 293. 
 Waggons, see "Highways," " Turnpike Roads." 
 Warehouse, breaking and entering, and stealing therein, 314; setting fire to, 
 
 288; riotously demolishing, 334, 335. 
 Warrant to apprehend (in summary convictions and orders), defendant, in the 
 
 first instance, 27 ; on disobedience of summons, 26 ; backing, 27. 
 (indictable offences), accused in the first instance, 260 ; backing, 27 ; on 
 
 disobedience of a summons, 260 ; for offences committed at sea or 
 
 abroad, 261 ; a person indicted, 262, 263 ; foreigners, 263, 264. 
 Warrant for a witness, see " Witness." 
 
 Warrant of commitment, see " Commitment ;" of distress, see " Distress." 
 Warrens, see " Game." 
 Wastes, building on, 127, 199. 
 
 Watching and lighting, see " Constables," "Lighting and Watching." 
 Watercourse, obstructing, 198. 
 Weighing machine on turnpike road, damaging, 323.
 
 Index. 543 
 
 Weights and Measures. 
 
 I. Offences by Inspectors Stamping weight without verifying same, 210; 
 guilty of breach of duty, 210; otherwise misconducting himself, 210; 
 stamping weight of person within a local jurisdiction, 210. 
 II. Offences by Dealers and others Sal by illegal measure, 211; sale by 
 heaped measure, 211; selling coals by measure, 211; using unau- 
 thorized weights, &c. 211; refusing to compare drinking cup, &c. 
 21 1 ; drinking cup found deficient, 211 ; having possession of unjust 
 weights, steelyards, &c. 211, 212; neglecting, &c., to produce 
 weights, &c. 212; obstructing examination, 212; counterfeiting 
 stamps, &c. 212; selling weights, &c., with counterfeit marks, 212; 
 return of forfeitures, 212, 213. 
 authority to inspector to enter shops, &c., to examine weights, &c. 502. 
 
 Wharf, stealing from a, 318. 
 
 Wild duck, taking, destroying or having the eggs of, 114. 
 
 Will, forging, 310; stealing, destroying or concealing, 315. 
 
 Windmills, erecting, near highway, 127; near turnpike road, 200. 
 
 Witness (in summary convictions and orders); deposition that a person is a 
 material witness, 30; summons to, 30; deposition of service, 26, 30; 
 warrant where summons disobeyed, 31 ; warrant in the first instance, 
 31 ; commitment for refusing to be sworn, or to give evidence, 31 ; 
 information to ground a summons or warrant fur not attending to 
 give evidence (where the particular statute imposes a penalty for 
 such neglect), in order to convict him, 32 ; conviction and commit- 
 ment, 32 ; information for refusing to be examined on oath, 33; con- 
 viction and commitment, 33. 
 
 Witness (in indictable offences); deposition that a person is a material witness, 
 30, 266; summons to, 266; deposition ot service, 26, 267; warrant 
 where summons disobeyed, 267 ; warrant in the first instance, 267 ; 
 commitment for refusing to be sworn, or to give evidence, 268 ; the 
 like, where he attends without a summons, 268 ; depositions of wit- 
 nesses, 269; commitment of witness for refusing to enter into the re- 
 cognizance, 275 ; subsequent order to discharge the witness, 275. 
 
 Women, forcible abduction of, 285. 
 
 Wood, or plantation of trees, setting fire to, 289. 
 
 Wood, stack of, setting fire to a, 289. 
 
 Woodcocks, see " Game" 
 
 Woollen manufactures, see " Manufactures, fyc." 
 
 Workhouse, union, offences in, 173 175. 
 
 Wounding, see "Assaults," " Attempts to murder," "Cattle," "Larceny." 
 
 Wreck information for search warrant for plundered goods, 213; search 
 warrant, 140, 213 ; order that the goods found be delivered up, 213, 
 214; having such goods, 214; offering shipwrecked goods for sale, 
 214 ; assault on justices in execution of their duty as to, 292. 
 
 Wreck and salvage conviction, 255, 256 ; dealers in marine stores not 
 having names, &c., over storehouse, 256 ; declaration previous to 
 justice, or receiver of droits of Admiralty, granting a permit to cut 
 up cable, 256; justice's or receiver's permit to cut up cable, 256 ; 
 cutting up cable without permit, 256, 257 ; dealers neglecting to keep 
 books, 257 ; warrant to inspect books of dealer, 257 ; not allowing 
 inspection of books, &c., pursuant to warrant, 257 ; not advertising 
 before cutting up cable, 257. 
 
 Wreck and salvage award and order of amount of salvage, 502, 503.
 
 
 LONDON: 
 
 PRINTED BY C. ROWORTH AND SONS, BELL YAHD, 
 TEMPLE BAR.
 
 CATALOGUE 
 
 OF 
 
 PUBLISHED BY 
 
 MESSES. BUTTEEWOETH, 
 
 LAW PUBLISHERS TO THE QUEEN'S MOST EXCELLENT MAJESTY, 
 
 to tije public ifocort Bepartment. 
 
 " Now for the Laws of England (if I shall speak my opinion of them 
 " without partiality either to my profession or country'), for the matter and 
 " nature of them, I hold them wise, just and moderate laws : they give to God, 
 " they give to Caesar, they give to the subject what appertaineth. It is true 
 " they are as mixt as our language, compounded of British, Saxon, Danish, 
 " Norman customs. And surely as our language is thereby so much the richer, 
 " so our laws are likewise by that mixture the more complete." LORD BACON. 
 
 LONDON: 
 
 7, FLEET STREET. 
 1854.
 
 CONTENTS. 
 
 PAGE 
 
 ARCHER'S Index to the Unrepealed Statutes .. .. .. .. ..10 
 
 BAINBRIDGE'S Law of Mines and Minerals .. .. .. .. 17 
 
 BAKER'S Law of Coroner .. .. .. .. .. .. ..17 
 
 BLAXLAND'S Codex Legum Anglicanarum .. .. .. .. 14 
 
 BLAYNEY'S Law of Life Assurance .. .. .. .. .. ..16 
 
 BROWN'S Chancery Cases by Belt .. .. .. .. .. 17 
 
 BURCHELL and KENNEDY'S Joint Stock Companies Act . . .. ..13 
 
 BURN'S Marriage and Registration Acts 
 
 CLARK'S House of Lords Reports .. .. .. .. .. ..18 
 
 CHITTY'S Commercial Law .. .. .. .. .. .. 15 
 
 COOPER'S Chancery Acts and Orders .. .. .. .. ..12 
 
 Chancery Chamber Practice 
 
 Chancery Cases and Dicta, with Chancery Miscellanies .. .. 18 
 
 COOTE'S Ecclesiastical Practice .. .. .. .. .. . . 15 
 
 CRASH'S Conveyancing, by Christie .. .. .. .. .. .. 7 
 
 DAVIS' s County Court Evidence .. .. .*. .. .. .. 13 
 
 EDWARDS'S Laws of Gaming .. .. .. .. .. .. ..17 
 
 EMERIGON on Marine Insurances, by Meredith 
 
 FEARNE'S Chart of Landed Property . . .. . . ' .. ..14 
 
 FONBLANQUE'S Bankruptcy Reports .. .. .. .. . ' 18 
 
 GAEL on Legal Instruments .. .. .. .. .. .. ..16 
 
 GRANT'S Law of Corporations in General .. .. .. .. 11 
 
 GREENING'S Forms of Pleadings, &c., in Common Law .. ..12 
 
 GUNNING on the Law of Tolls .. .. .. .. .. .. 13 
 
 KALE'S History of the Common Law .. .. .. .. .. ..14 
 
 HALY'S Municipal Elections .. .. .. .. .. .. 16 
 
 HAMEL'S Laws of the Customs .. .. .. .. .. .. .. 3 
 
 HERTSLET'S Commercial Treaties .. .. .. .. .. . . 16 
 
 KENNEDY'S Chancery Acts and Orders .. .. .. .. .. 7 
 
 KEYSER'S Law of the Stock Exchange .. .. .. .. .. 11 
 
 LEIGH'S LAW Student's Guide 15 
 
 = Law of Nisi Prius .. .. .. .. .. .. .. 13 
 
 MOORE'S Solicitor's Practical Forms .. .. .. .. .. ..10 
 
 Instructions for preparing Abstracts of Title .. .. .. 10 
 
 Country Attorney's Pocket Remembrancer . . . . . . 10 
 
 NORMAN'S Treatise on the Law of Patents 8 
 
 OKE'S Magisterial Synopsis .. .. .. .. ..' .. .. 9 
 
 Magisterial Formulist .. .. .. .. .. .. 9 
 
 Solicitor's Bookkeeping .. .. .. ... .. .. .. 9 
 
 Turnpike Laws .. .. .. .. .. .. .. 3 
 
 O'Dowo's New Chancery Practice .. .. .. .. .. .. 11 
 
 PULLING'S Laws and Customs of London .. .. .. .. .. 14 
 
 Law and Usage of Mercantile and Joint Stock Accounts .. 15 
 
 QUAIN and HOLROYD'S Common Law Procedure .. .. .. 12 
 
 RECORD Publications, Catalogue of .. .. .. .... ..17 
 
 ROBINSON'S, T., Gavelkind 13 
 
 , Dr., New Admiralty Reports .. .. .. .. ..18 
 
 ROUSE'S Copyhold Enfranchisement Manual .. .. .. 11 
 
 SCOTT'S Common Bench Reports .. .. .. .. .. .. 18 
 
 SCRIVEN'S Law of Copyholds, by Stalman 12 
 
 SEWELL'S Law of Sheriff 16 
 
 SHELFORD'S Law of Railways .. .. .. .. .. .. 6 
 
 STEPHEN'S New Commentaries on the Laws of England .. .. .. 4 
 
 Questions on Ditto .. .. ... .. 5 
 
 THOMAS'S Hand- Book to the Public Records 17 
 
 TUDOR'S Edition of Pothier's Partnership .. .. .. .. 6 
 
 WARREN'S Manual of Election Law and Registration .. .. .. 8 
 
 Election Committee Practice .. .. .. .. .. 8 
 
 WHITTAKER'S New York Codes Practice 15 
 
 WHARTON'S Articled Clerk's Manual 3 
 
 WILLS'S Principles of Circumstantial Evidence 14 
 
 WORKS Preparing for Publication .. .. 19
 
 Hato 
 
 PUBLISHED BY MESSRS, BUTTERWORTH, 
 
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 , flnt J>tmt. 
 
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 Every one knows that the last four or five years have been a stirring time in the 
 way of legal reform. He will, therefore, be quite prepared to learn that the pre- 
 sent edition of the New Commentaries bears the mark of alteration, either in text 
 or note, in almost every chapter thoughout the work, if not in every page. We 
 honestly and heartily advise him to turn to the work itself, and he will find that it 
 not only contains the latest information upon almost every subject he may require 
 to be informed upon, but that as in former editions, so in this, whatever is handled 
 is treated in that perspicuous and scientific manner which has hitherto contributed 
 to extend the reputation of the New Commentaries." 
 From the Legal Observer. 
 
 " We welcome a new and third edition of Mr. Serjeant Stephen's Commentaries 
 on the Laws of England, founded on the text of Blackstone. In this edition the 
 learned author has been ably assisted by his son Mr. James Stephen. They have, 
 with great diligence and accuracy, digested the chief alterations in the law since the 
 last edition of the work a task of great difficulty, requiring no ordinary know- 
 ledge of the law as it was and as it is, with an extraordinary power of condensing 
 and arranging the changes which have been effected in nearly all departments of our 
 judicial system from year to year. The arduous task of this new edition has been ably 
 performed. We know not any work which, taken as a whole, can be compared with 
 the Commentaries as the first introduction to the Study of the Laws of England, 
 whether for the use of the lawyer, the legislator, or the private gentleman." 
 
 V. 
 QUESTIONS ON MR. SERJT. STEPHEN'S NEW COMMENTARIES. 
 
 8vo., 10*. 6d. cloth. 
 
 QUESTIONS for LAW STUDENTS on the THIRD 
 EDITION of MR. SERJEANT STEPHEN'S NEW COMMENTARIES 
 on the LAWS of ENGLAND. By JAMES STEPHEN, Esq., of the Middle 
 Temple, Barrister at Law, and Professor of English Law, &c., at King's 
 College, London. 
 
 " Stephen's Commentaries is the Student's Text-book ; for it is a Blackstone 
 improved Blackstone as the author would have written it had he lived in our day. 
 Now the best mode of learning law is to read carefully, and then either to question 
 yourself or to be questioned by another, as to what you have read. Thus you find 
 out wha't you have mastered and in what you are deficient. But few are fortunate 
 enough to possess friends competent to this task ; and to such, a volume that plays 
 the part of a friend, and supplies the questions, will be of great value. The 
 Student should write his answers, and then compare them with the text; and for 
 this purpose references are given to the page where the answers to each will be 
 found. Mr. James Stephen has done good service to his father's fame by thus 
 extending the usefulness of the best law book for Students." Law Times.
 
 fcks jrablisljrii btj 
 
 VI. 
 SHELFORD ON THE LAW OF RAILWAYS. THIRD EDITION. 
 
 Just published, royal 12mo. 30s. cloth. 
 
 THE LAW of RAILWAYS, including the Three General Con- 
 solidation Acts, 1845, and the other General Acts for regulating Rail- 
 ways in England and Ireland, with copious Notes of Decided Cases on their 
 Construction, including the Rights and Liabilities of Shareholders, Allottees 
 of Shares, and Provisional Committee-men, with Forms, &c. By LEONARD 
 SHELFORD, Esq., of the Middle Temple, Barrister at Law. Third Edition. 
 
 " Mr. Shelford has long since established implicit confidence in the accuracy, 
 fullness and practical utility of every book to which his name is attached. His 
 Law of Railways has long been among the best of his performances, and a careful 
 examination of this edition will fully warrant his announcement that the new matter 
 is important and extensive." The Law Magazine. 
 
 " Mr. Shelford was one of the first to reduce this new law to the form of a 
 treatise, and that his labours have found favour with those who are most com- 
 petent to judge of their value is proved by the fact that already it has attained to 
 the dignity of a Third Edition. It is not necessary now to describe a book that 
 must be so well known to all our readers, enough to state that this New Edition 
 embodies the very latest Law, all the New Statutes and the multitudinous De- 
 cisions, so that the Volume presents, in a form conveniently arranged for reference, 
 the entire Law of Railways as it is at this moment" The Law Times. 
 
 " We can readily indorse Mr. Shelford's assertion, that the new matter intro- 
 duced into this edition is extensive and important. This, added to the number of 
 forms, of considerable importance, and cases, of which there are some 1200, an ample 
 table of contents and a very copious index, conduce to make the work all that could 
 be desired. Those who are interested in the law on which it treats may refer to it 
 not merely with a certainty of being able to find what they are looking for, but of 
 finding the general law on the subject carefully collected, explained and illustrated, 
 by a reference to almost every decision which bears upon the point at issue." The 
 Justice qf the Peace. 
 
 " The work has now been expanded to 800 pages, comprising every statute and 
 decision of importance. The work is valuable not only to all engaged in behalf of 
 railway companies, who may form a comparatively small part of the Profession, but 
 to all who have dealings with or claims upon railway companies, and in this respect 
 the public in general and the Profession at large are interested in ascertaining as 
 well the provisions of the Legislature as the construction put upon the enactments 
 which affect the individual members of the community." Legal Observer. 
 
 " Not only to the Profession but to shareholders, allottees of shares, provisional 
 committeemen and others is this goodly digest a necessity, but all who contemplate 
 incurring the liabilities or seeking the rights and profits accruing to railway office, 
 may consult with advantage Mr. Shelford's pages. It is the best arranged digest 
 of Railway Law of the time." Morning Advertiser. 
 
 VII. 
 POTHIER ON PARTNERSHIP, BY TUDOR. 
 
 8vo., 5s. cloth. 
 
 A TREATISE ON THE CONTRACT OF PARTNER- 
 SHIP, by POTHIER ; with the Civil Code and Code de Commerce relating 
 to that subject, in the same order, translated from the French, with Notes 
 referring to the Decisions of the English Courts. By OWEN DAVIES T UDOR, 
 Esq., of the Middle Temple, Barrister at Law.
 
 . ftattarnrtjr, flni ftmt. 
 
 VIII. 
 CRASH'S CONVEYANCING. FOURTH EDITION, BY CHRISTIE. 
 
 Just published, 2 vols. royal 8vo. 21. 2s. cloth. 
 
 A COMPLETE SERIES of PRECEDENTS IN CON-. 
 VEYANCING, with Common and Commercial Forms, in Alphabetical" 
 Order, adapted to the present State of the Law and Practice of Convey- 
 ancing, with Prefaces, Observations and Notes on the several Deeds. By 
 GEORGE CRABB, Esq., Barrister at Law. The Fourth Edition. By J. T. 
 CHRISTIE, Esq., of the Middle Temple, Barrister at Law. 
 
 " The original work needs no commendation ; it is a standard book of the highest 
 reputation and of indispensable utility. In this new edition Mr. Christie has en- 
 deavoured to curtail the work as much as possible without diminishing materially 
 the number of precedents, and has altered those which are retained that they may 
 be similar to the forms of drafts now in use. He has revised the Prefaces to the 
 different Precedents according to the various changes made in the law. He has re- 
 tained the alphabetical arrangement, and has not diminished the variety of sub- 
 jects on which the Precedents are given. All this must largely enhance the value 
 of the work not merely to Conveyancers but to all practical men. The new Forms 
 are drawn with admirable precision, and reflect great credit on Mr. Christie, who is 
 entitled to the thanks of the profession for a really valuable addition to our working 
 libraries." Law Magazine. 
 
 " Mr. Christie has not only ably revised this Fourth Edition of the late Mr. 
 Crabb's work, but very materially improved it by amending, and in many in- 
 stances curtailing, the length of the original precedents, and adapting them to the 
 established forms of the present day. The introductory statements of the Jaw re- 
 lating to each class of drafts are concise and highly useful, particularly to the 
 articled clerk and young solicitor, who it is obvious should strive to unite an accu- 
 rate knowledge of the principles of law applicable to the various kinds of legal in- 
 struments with the practical forms by which the intentions of the parties are-to be 
 carried into effect, and by which means he will soon become master of his profes- 
 sion. The Editor has with great care in the Prefaces to each class of Deeds, and 
 the notes thereon, noticed the various alterations in the law which have taken 
 place since the former edition of the work." Legal Observer. 
 
 " Crabb's Conveyancing is so well and favourably known to all conveyancers, as 
 well as those persons generally connected with the transfer of property, that a new 
 edition would have perhaps attracted less attention, were it not that the present is 
 edited by so excellent a conveyancer as Mr. Christie. The circumstance of his 
 editing the work stamps it at once with the profession as the best groundwork 
 existing. The arrangement, the forms, selection of precedents, and general treat- 
 ment of the subject were so well given in Mr. Crabb's original work, that an editor 
 could mould them to the form and spirit of the present day, retaining all the valu- 
 able portions, and rendering them applicable to practical purposes, as altered by 
 the statutes passed since Mr. Crabb wrote. We must award our warmest praise 
 to Mr. Christie for producing a work so much required by the profession, and which 
 he has given in so perfect a form, that no lawyer will feel his library to be complete 
 without it." Bell's Messenger. 
 
 IX. 
 THE NEW CHANCERY ACTS AND ORDERS, 1853. 
 
 12mo., 12s. cloth, 
 
 The CODE of CHANCERY PRACTICE. By T. KENNEDY, 
 a Solicitor of the Court. Vol. II. containing all the Orders from the year 
 1845 to March, 1853 -Sir George Turner's Act The Act for amending 
 the Practice and Course of Proceeding in the Court of Chancery, with the 
 Orders under it The Acts for abolishing the Office of Master, and for 
 Relief of the Suitors a full Analysis of the Contents of the Volume expla- 
 natory Notes, and a very full Index. 
 
 Vol. I. of the above work, containing all the Orders from the year 1814 to the 
 8th May, 1845, with an Index, inclusive, may also be had, price 7*. Qd. either 
 with Vol. II. or separately; each Volume being perfect in itself.
 
 Xnm tteks jrablisjjrit taj 
 
 \VARREN'S MANUAL OF PARLIAMENTARY ELECTION LAW. 
 One thick vol. royal 12mo. 25s. cloth. 
 
 A MANUAL of the PARLIAMENTARY ELECTION 
 LAW of the UNITED KINGDOM, with reference to the Conduct of 
 Elections, and the Registration Court ; with a copious Index. By SAMUEL 
 WARREN, D.C.L., Q.C., and Recorder of Hull. 
 
 " We are satisfied that, whether as Candidates or Members, or as Agents, Soli- 
 citors, or Counsel all who are interested in Elections that may probably or possibly 
 be contested, and who are engaged in the management thereof, will avail themselves 
 of this invaluable volume." The Legal Observer. 
 
 " A work which appears to have been executed with great care." Jurist. 
 
 " Mr. Warren's work has the great advantage of bringing down the cases to the 
 present period, and of giving succinctly and clearly the law as it now stands." 
 Law Magazine. 
 
 XI. 
 
 WARREN'S LAW AND PRACTICE OF ELECTION COMMITTEES. 
 Royal 12mo., 15s. cloth. 
 
 A MANUAL of the LAW and PRACTICE of ELECTION 
 COMMITTEES, being the concluding portion of a " Manual of Par- 
 liamentary Election Law." By SAMUEL WAEREN, D.C.L., Q.C., and 
 Recorder of Hull. 
 
 " The present volume bears internal evidence of the master hand by which, alone, so important 
 a subject ought to be touched. The arrangement is simple but logical ; the authorities are 
 carefully collected and stated ; the style is clear and precise, yet rendered agreeable by a freshness 
 and originality which often rival those of the historian and the philosopher. "--Morning Herald. 
 
 " The whole work is of the first importance to all Practi ioners in both branches of the 
 profession, in any respect engaged in business connected with the election of Members of 
 Parliament." Legal Observer. 
 
 " Undoubtedly the most complete and elaborate compendium of the laws relating to the 
 structure of the House of Commons (or rather the mode of its construction) ever published. . . . 
 Henceforth, or we are marvellously mistaken, ' Warren's Law of Elections' will be referred to as 
 the standard authority, even within the walls of Parliament." The Sun. 
 
 " Such are the contents of this volume, every way worthy of the high reputation of the 
 author, and which appears at the moment when the mind of Parliament and of the public is 
 most deeply impressed with the moral as well as legal importance of the subject to which it 
 relates." John Bull. 
 
 " As long as the law shall remain as it is, this very elaborate and able exposition of it, clearly 
 arranged, and excellently illustrated by the best authorities, will remain the leading book upon 
 the subject." Examiner. 
 
 XII. 
 
 NORMAN'S MANUAL OF THE NEW PATENT LAW. 
 Post 8vo., 7s. 6d., cloth, 
 
 A TREATISE on the LAW and PRACTICE relating to 
 LETTERS PATENT for INVENTIONS as altered and amended by 
 Statutes 15 & 16 Viet. c. 83, and 12 & 13 Viet c. 109, with the New Rules 
 of Practice in the Offices of Commissioners of Patents, and in the Petty 
 Bag Office in Chancery, and all the Cases down to the time of publication. 
 By JOHN PAXTON NORMAN, M.A., of the Inner Temple, Barrister at Law. 
 
 "This is a very compact and useful manual." Jurist. 
 
 " This is an ably written volume, the materials of which have been carefully 
 collected and judiciously arranged." Legal Observer. 
 
 " We recommend Mr. Norman's book on Patents, which is the most complete as 
 well as the most recent work on the recent Statute." Law Times. 
 
 " Mr. Norman's is a book that may be safely recommended; it is really a Trea- 
 tise on the Law of Patents, in which principles are digested from the statutes and 
 decisions, expressed in a terse and scholarly manner." The Spectator. 
 
 " Of the various works on the subject of Patent Law, that before us by Mr. Norman 
 possesses just claims upon the attention of lawyers and men of science for its full 
 information, lucid arrangement, and unquestionable accuracy." The Art Journal. 
 
 " Mr. Norman's book is perhaps the best on the new Patent Law, in so far as it 
 gives a succinct account of the whole subject we recommend the work as good, 
 portable and cheap." The Press.
 
 tmt 
 
 XIII. 
 OKE'S MAGISTERIAL SYNOPSI S. FOURTH EDITION. 
 
 8vo., 21s. cloth. 
 (Dedicated, by permission, to the Lord Chief Justice of England.) 
 
 The MAGISTERIAL SYNOPSIS: comprising Summary Con- 
 victions and Indictable Offences, with their Penalties, Punishment, &c., 
 and the Stages of Procedure, tubularly arranged: together with all other 
 Proceedings before Justices out of Sessions: adapted practically throughout 
 to the provisions of Sir John Jervis's Acts ; with Forms, Cases, Copious Notes 
 and Observations, &c. Fourth Edition, enlarged and improved. By GEORGE 
 C. OKE, Assistant Clerk to the Newmarket Bench of Justices, Author of 
 " The Magisterial Formalist." 
 *** In this improved edition the important Statutes and Decisions of the last 
 
 two years relating to Magisterial Practice are now incorporated. 
 " It is not now necessary to repeat the commendations that were awarded to the 
 earlier editions of this work, for the Profession have proved by practical trial of it 
 that they were just ; nor to describe it, for it is known to all our readers. Enough 
 to announce the fact that a Fourth Edition has been called for, and that it contains 
 all the law down to the present time." Law Times. 
 
 XIV. 
 OKE'S MAGISTERIAL FORMULIST. 
 
 8vo., 21s. cloth, 
 
 The MAGISTERIAL FORMULIST, being a Complete Col- 
 lection of Magisterial Forms and Precedents for practical use in all Matters 
 out of Quarter Sessions, adapted to the Outlines of Forms in Jervis's Acts, 
 11 & 12 Viet. cc. 42, 43, with an Introduction, Explanatory Directions, 
 Variations and Notes. By GEORGE C. OKE, Author of " The Magisterial 
 Synopsis." 
 
 *** The above Work is intended as a Companion to " Oke's Magisterial Synopsis," and may 
 be used with that or other Books of Magisterial Practice. 
 
 " Another of Mr. Oke's laborious productions which have recommended them- 
 selves by their practical character. A very copious Index gives ready access to 
 whatever may be sought for." Law Times. 
 
 " The same care pervades the present elaborate Work as characterized the 
 Author's earlier labours, and the utter uselessness of old forms since the passing 
 of Jervis's Acts, render it of paramount utility." Britannia. 
 
 XV. 
 OKE'S SOLICITORS' BOOK-KEEPING. 
 
 8vo., 5s. cloth, 
 
 AN IMPROVED SYSTEM of SOLICITORS' BOOK- 
 KEEPING, practically exemplified by a Year's supposed Business, with 
 Directions for Posting, Balancing, Checking, &c. Adapted to small, 
 moderate and large Offices ; to Partnership and sole Concerns. By GEORGE 
 C. OKE, Author of " The Magisterial Synopsis" and " The Magisterial 
 Formalist. " 
 
 " Mr. Oke has rendered great service to the profession in compiling the above admirably arranged 
 work. The value and nectsiity of such a work as this to Solicitors is obvious, and we predict for it 
 a speedy sale." Law Magazine. 
 
 XVI. 
 
 BURN ON THE MARRIAGE AND REGISTRATION ACTS. 
 12mo. 6s. 6d. boards. 
 
 The MARRIAGE and REGISTRATION ACTS, 6 & 7 Will. 4, 
 caps. 85, 86 ; with Instructions, Forms, and Practical Directions for the Use 
 of Officiating Ministers, Superintendent Registrars, Registrars. The Acts 
 of 1837, viz. 7 Will. 4. c. 1, and 1 Viet. c. 22, with Notes and Observations ; 
 and a full Index. By JOHN SOUTHERDEN BURN, Esq., Secretary to the 
 Commission.
 
 10 
 
 XVII. 
 MANUALS FOR COUNTRY ATTORNIES, &c. 
 
 12mo. 7s. 6d. cloth. 
 
 '3 J^olidtor'S 23oofe of practical dformS, containing an 
 
 Abridgment of the Stamp Acts ; a variety of useful Forms and Instructions 
 not to be found in the Text Books, but constantly required in Solicitors' 
 Offices, especially with reference to Common Apprenticeships Condi- 
 tions of Sale Contracts Statutory Declarations, Powers of Attorney, 
 and Wills and to the preparation of Annuity, Legacy and Residuary Ac- 
 counts, and applications for increase and return of Duties on Probates and 
 Letters of Administration, with numerous Variations, Schedules, and Tables 
 shewing the different Rates of Duty, and the Amount from One Penny 
 to 100. By HENKY MOORE, Esq. 
 
 " A useful collection of Forms commonly required in the office of a Solicitor ; 
 from the account of its contents it will be seen that it offers a great deal of really 
 useful information in a small space." The Law Times. 
 
 " The Forms selected are not only serviceable and carefully drawn, but many of 
 them such as can be rarely met with in the ordinary way ; they will undoubtedly 
 be of considerable utility to the general practitioner." The Justice of the Peace. 
 
 " We can confidently recommend the volume as a most useful contribution to 
 the Solicitor's working library." The Globe. 
 
 " We should think that the Forms and Directions concerning the Legacy Duties 
 would be found useful to many Solicitors." Law Students' Magazine. 
 
 12mo. 7s. cloth ; or bound as a pocket book, 8s. 
 
 fHoore's Country Attorney's iJocfcet Ixtmcmbranccr : containing a 
 
 Collection of useful Forms required by Country Attorneys, Land Agents, 
 Surveyors, &c., upon a variety of occasions, when from home ; with 
 practical Instructions for Deeds, Wills, &c. &c., and variations adapting 
 the Forms to almost every variety of circumstances : to which is added, a 
 Collection of novel and useful Interest and other Tables, designed by the 
 Author exclusively for this and his other Works. Second Edition. By 
 HENKY MOORE, Esq. 
 
 12mo. 6s. cloth. 
 
 irHoore'S fin!truction for preparing Abstracts of Cities, after il)t 
 
 most improved System of eminent Conveyancers ; to which is added, a Col- 
 lection of Precedents, shewing the method not only of abstracting every 
 species of Deeds, but also of so connecting them together, by collateral 
 Documents, as to form a complete Title. Second Edition, with considerable 
 Additions. By HENRY MOORE, Esq. 
 
 XVIII. 
 ARCHER'S INDEX TO UNREPEALED STATUTES. 
 
 8vo., 5s. boards, 
 
 An INDEX to the UNREPEALED STATUTES connected 
 with the ADMINISTRATION of THE LAW in ENGLAND and 
 WALES, commencing with the Reign of William the Fourth, and continued 
 up to the close of the Session 1850. By THOMAS G. ARCHER, Solicitor. 
 
 " A laborious work, whose utility is apparent from its title." The Law Times. 
 
 " A facility of reference to these various enactments has become a great desi- 
 deratum to all those whose professional avocations or judicial functions impose on 
 them the necessity of a frequent reference to the Statute Book. We have tested 
 the work, and find it perfectly correct." The Legal Observer.
 
 3tosr0. Shttarortjr, $lnt Mini. 1 1 
 
 XIX. 
 ROUSE'S COPYHOLD ENFRANCHISEMENT MANUAL. 
 
 ' 12mo. 5s. cloth. 
 
 THE COPYHOLD ENFRANCHISEMENT MANUAL, in 
 
 which the Provisions of the Act of 1853 are given, with the Act of 1852, for 
 the compulsory Enfranchisement of Copyholds, and full Instructions as to 
 the Practice under that Act ; also a complete set of Forms in the various 
 Proceedings, not given in any other work ; practical Suggestions to Lords, 
 Stewards and Copyholders, protective of their several Interests, and upwards 
 of Twenty carefully prepared Rules and Tables, with Examples, applicable 
 to all Cases of Enfranchisement. By ROLL A ROUSE, Esq., Barrister at Law, 
 Author of "The Practical Man," &c. &c. 
 
 " The object of this useful little book is to give all the practical rules which can 
 be anywise useful for effecting the commutations, and to enable every one, whether 
 professional or not, to protect his own interest in the requisite negociations and 
 arrangements whether for Commutation or Enfranchisement." Law Magazine. 
 
 " The Work has been most carefully and accurately compiled." Legal Observer. 
 
 XX. 
 GRANT'S LAW OF CORPORATIONS IN GENERAL. 
 
 Royal 8vo., 26s. boards. 
 
 A PRACTICAL TREATISE on THE LAW of CORPO- 
 RATIONS in GENERAL, as well Aggregate as Sole; including Muni- 
 cipal Corporations ; Railway, Banking, Canal, and other Joint Stock and 
 Trading Bodies ; Dean and Chapters ; Universities ; Colleges ; Schools ; 
 Hospitals ; with quasi Corporations aggregate, as Guardians of the Poor, 
 Churchwardens, Churchwardens and Overseers, etc. ; and also Corporations, 
 sole, as Bishops, Deans, Canons, Archdeacons, Parsons, etc. By JASIES 
 GRANT, Esq., of the Middle Temple, Barrister at Law. 
 
 " The object has evidently been to render the work practically useful to persons 
 in any way, as Officers or Members, connected with any Corporation ; and we think 
 that object is eminently answered. Vast research and diligence are displayed in 
 the execution." The Times. 
 
 XXI. 
 O'DOWD'S NEW CHANCERY PRACTICE. SECOND EDITION. 
 
 12mo. 7s. Gd., boards, 
 (Dedicated, by permission, to the Right Hon. the Master of the Rolls.) 
 
 The NEW PRACTICE of the COURT of CHANCERY, 
 
 as regulated by the Acts and Orders for the Improvement of the Jurisdiction, 
 of Equity, 15 & 16 Viet. c. 86; for Abolishing the Office of Master, 15 & 16 
 Viet. c. 80 ; and for Relief of the Suitors, 15 & 16 Viet. c. 87; with INTRO- 
 DUCTION, NOTES, the ACTS, together with all the New Orders in Chancery 
 of 1852, including the latest, and a copious INDEX. By JAMES O'DowD, 
 Esq., Barrister at Law. Second Edition, corrected, greatly improved, and 
 including the recent Cases. 
 
 " A nicely arranged little book which will not fail to be of service to the Prac- 
 titioner in the Court of Chancery." The Law Magazine. 
 
 " A copious Index of ready reference gives additional value to a work, which is 
 not merely a reprint of the acts, with a few meagre notes, but a well digested, com- 
 prehensive, and luminous treatise on these important statutes." The Law Times. 
 
 "A comprehensive, compact, and well written treatise on the New Chancery 
 Statutes." The Examiner. 
 
 XXII. 
 
 KEYSER ON THE LAW OF THE STOCK EXCHANGE. 
 12mo., 8s. cloth, 
 
 The LAW relating to TRANSACTIONS on the STOCK 
 EXCHANGE. By HENRY KEYSER, Esq., of the Middle Temple, Bar- 
 rister at Law.
 
 12 fruit itfnrks plilisW 
 
 XXIII. 
 
 GREENING'S FORMS OF PLEADINGS AND PROCEEDINGS 
 IN COMMON LAW. 
 
 SECOND EDITION. 12mo. 10s. Gd. boards. 
 
 FORMS of DECLARATIONS, PLEADINGS and other 
 PROCEEDINGS in the SUPERIOR COURTS of COMMON LAW, 
 with the COMMON LAW PROCEDURE ACT, and other Statutes ; 
 Table of Officers' Fees ; and the New Rules of Practice and Pleading, with 
 Notes. By HENRY GKEENING, Esq., Special Pleader. Second Edition. 
 
 " This work, comprising as it does almost all the common Forms of Pleadings, 
 is calculated to be of considerable utility to the Practitioner. The book is quite 
 worthy of the learned Author's reputation as a Pleader, and we can with pleasure 
 recommend it to such of our readers as are engaged in the preparation of every- 
 day pleadings in ordinary actions." The Law Times, 
 
 XXIV. 
 QUAIN AND HOLROYD'S COMMON LAW. 
 
 12mo., 7s.6d. cloth, 
 
 THE NEW SYSTEM OF COMMON LAW PROCEDURE 
 
 according to the COMMON LAW PROCEDURE ACT, 1852. By 
 J. R. QUAIN, of the Middle Temple, Barrister at Law, and H. HOLROYD, 
 of the Middle Temple, Special Pleader. 
 
 " Mr. Quain and Mr. Holroyd have rendered good service to the Practitioner in 
 their Commentary on the various sections of the Act." The Legal Observer. 
 
 " We have no hesitation in pronouncing this to be the best work on the recent 
 Act which has come under our notice ; the Notes are always clear and to the point, 
 and furnish practical suggestions which will be invaluable to the Practitioner." 
 The Legal Examiner. 
 
 XXV. 
 COOPER'S CHANCERY ACTS AND ORDERS. 
 
 12mo., 4s. sewed, 
 
 The New CHANCERY ACTS and the GENERAL ORDERS 
 
 of 1852, complete, with copious Indexes. Edited by CHARLES PURTON 
 COOPER, Esq., one of Her Majesty's Counsel. 
 
 ALSO, 
 
 Mr. CHARLES PURTON COOPER'S MANUAL of CHANCERY 
 CHAMBER PRACTICE, uniform with the Second Edition of his " Neiv 
 Chancery Acts and Orders." 12mo., Is. 6d. sewed. 
 
 XXVI. 
 SCRIVEN ON COPYHOLDS. FOURTH EDITION, BY STALMAN. 
 
 2 vols. royal 8vo. 2 : 10s. boards. 
 
 A TREATISE on COPYHOLD, CUSTOMARY FREE- 
 HOLD, and ANCIENT DEMESNE TENURE; with the Jurisdiction 
 of Courts Baron and Courts Leet ; also an Appendix containing Rules for 
 holding Customary Courts, Courts Baron and Courts Leet, Forms of Court 
 Rolls, Deputations, and Copyhold Assurances, and Extracts from the rela- 
 tive Acts of Parliament. By JOHN SCRIVEN, Serjeant at Law. THE 
 FOURTH EDITION, embracing all the authorities to the present period, by 
 HENRY STALMAN, Esq. of the Inner Temple, Barrister at Law.
 
 $trttamrtlj, fini gtmt. 13 
 
 XXVII. 
 DAVIS'S COUNTY COURTS EVIDENCE. 
 
 12mo. 8s. boards. 
 
 A MANUAL of the LAW of EVIDENCE on the TRIAL 
 of ACTIONS and OTHER PROCEEDINGS in the NEW COUNTY 
 COURTS. By JAMES EDWARD DAVIS, Esq., of the Middle Temple, 
 Barrister at Law. 
 
 " A useful and well-arranged manual." Law Magazine. 
 
 XXVIII. 
 JOINT STOCK COMPANIES REGISTRATION ACT. 
 
 IS mo. 3s. 6d. boards. 
 
 An ACT (7 & 8 Viet. c. 110,) for the REGISTRATION, 
 INCORPORATION and REGULATION of JOINT STOCK COM- 
 PANIES ; with Preface and Index, by JAMES BURCHELL, Esq. and an 
 Analysis, by CHARLES RANN KENNEDY, Esq. Barrister at Law. 
 
 XXIX. 
 LEIGH'S NISI PRIUS. 
 
 2 vols. 8vo. 2 : 8*. boards. 
 
 An ABRIDGMENT of the LAW of NISI PRIUS. By 
 P. B. LEIGH, Esq. Barrister at Law. Author of " A Treatise on the Poor 
 Laws," &c. 
 
 XXX. 
 EMERIGON ON MARINE INSURANCES.-BY MEREDITH. 
 
 Royal 8vo., 30s. boards, 
 
 A TREATISE on the LAW of MARINE INSURANCES. 
 By BALTHAZARD MARIE EMERIGON. Translated from the French, with 
 an Introduction and Notes. By SAMUEL MEREDITH, Esq. 
 
 XXXI. 
 ROBINSON'S GAVEIiKIND. 
 
 Svo. 18s. boards. 
 
 The COMMON LAW of KENT; or the CUSTOMS of 
 GAVELKIND. With an Appendix concerning Borough English. By T. 
 ROBINSON, Esq. THE THIRD EDITION, with Notes and References to 
 modern Authorities, by JOHN WILSON, Esq. Barrister at Law. 
 
 XXXII. 
 
 GUNNING ON TOLLS. 
 Svo. 9s. boards. 
 
 A PRACTICAL TREATISE on the LAW of TOLLS ; and 
 
 therein of Tolls Thorough and Traverse ; Fair and Market Tolls ; Canal, 
 Ferry, Port and Harbour Tolls; Turnpike Tolls; Rateability of Tolls; 
 Exemption from Tolls ; Remedies and Evidence in Actions for Tolls. By 
 FREDERICK GUNNING, Esq. of Lincoln's Inn, Barrister at Law.
 
 14 jCitni ttfnrks pklislj^ Jii| 
 
 XXXIII. 
 
 PULLING ON THE LAWS OF LONDON.-SECOND EDITION. 
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 and !' vdmi. In 
 
 MR. SERJEANT STEPHEN. 
 
 Mr. Sei , -c on the Princi|)les of l'l< 
 
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 aii'l Pleading. In 
 
 JOSEPH KAY, M.A. 
 
 A Compendium of t!i 
 
 OWEN DAVIES TUDOR, Esq. 
 
 Leading i 
 
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 I