earn and do not provide for the support of themselves and their families, upon conviction of any of the offences or disorders aforesaid, shall be sent to the house of correction in any town or county where such offence or disorder may be committed. And when there shall be no house of correction in the town or county, the common prison may be used for the purpose."

"That when any person shall be accused of any of the offences or disorders aforesaid, complaint shall be made in writing and under oath to some justice of the peace in the county where such offence or disorder shall be committed; and such justice shall cause the party against whom complaint has been so made, to be brought before him by warrant or otherwise; and if upon examination of the matter alleged in such complaint the allegations therein shall be proved to be true, the justice may sentence such person or persons so convicted to be committed to the house of correction in the said town or county, and to be there put to hard labor for a term not exceeding six months."

"That any person who may be convicted and sentenced as aforesaid, may appeal to the next court of common pleas within the same county, and have a trial by jury in due course of law, upon recognizing with sufficient surety or sureties before the justice, in such reasonable sum as he may order, with condition that the person so appealing shall enter and prosecute the appeal with effect and abide the order of the said court thereon, and in the mean time keep the peace and be of good behaviour toward all the citizens of this state. And a commission of the like offence by the principal in such recognizance, before a deci sion is had on the appeal, shall be deemed and taken to be a breach of the condition of such recognizance."

"That if any person shall be found committing either of the offences or disorders aforesaid, in the public streets or roads in the night time, any such person may be apprehended by any magistrate, constable or watchman, or by any citizen by order of such officer, and kept in custody in any convenient place for the space of twenty-four hours, at or before the expiration of which time they shall be carried before a justice of the peace and be

there prosecuted as aforesaid or discharged as the said justice shall determine."

FORM NO. I.

Form of a complaint against a common drunkard.

To A. B. Esquire, one of the justices of the peace in and for the county of Rockingham.

C. D. of Portsmouth, in said county, laborer, complains and gives the said justice to understand and be informed, that E. F. of the same Portsmouth, yeoman, at said Portsmouth, in the county aforesaid, on the first day of June, in the year of our Lord eighteen hundred and twenty-eight, was a common drunkard ; and on divers days and times between the said first day of June and the day of exhibiting this complaint, at said Portsmouth, was drunk and intoxicated by the excessive use of spirituous liquor, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state. Wherefore the said C. D. prays that the said E. F. may be held to answer to this complaint, and that justice may be done in the premises.

C. D.

Rockingham, ss. March 27, 1829. Then C. D. personally appeared and made oath that the above complaint, by him subscribed, is in his belief true.

Before me,

A. B. Justice of the Peace.

FORM NO. II.

Form of a warrant upon the foregoing complaint.

STATE OF NEW-HAMPSHIRE.

Rockingham, ss. To the sheriff of said county, or his deputy, or to either of the constables of the town of Portsmouth, in said county,

L. S.

GREETING.

WHEREAS C. D. of Portsmouth, in said county, laborer, has exhibited to me, A. B. one of the justices of the peace in and for said county of Rockingham, his aforesaid complaint upon oath against E. F. of said Portsmouth, yeoman: We command you in the name of the state of New-Hampshire to apprehend the said E. F. if he may be found in your precinct, and bring him before me, or some other justice of the peace for said county, to answer to the said complaint and we further command you, that you summon the said C. D. to appear when and where you may have the said E. F. before me or some other justice of the peace for trial, and testify what he knows relating to said complaint. Herein fail not.

Given under my hand and seal this twenty-seventh day of March, in the year of our Lord eighteen hundred and twenty-nine.

A. B. Justice of the Peace.

For the form of a constable's return, see chapter iv. section 4, form No. 1.

FORM NO. III.

Form of a judgment upon the foregoing complaint.

Rockingham, ss. Be it remembered, that on the twenty-seventh day of March, in the year of our Lord eighteen hundred and twenty-nine, C. D. of Portsmouth, in said county, laborer, came before me, A.B.

for

Esquire, one of the justices of the peace in and said county of Rockingham, and on oath complained and gave me the said justice to understand and be informed, that

[Here insert the complaint.]

:

Whereupon afterwards, on the same twenty-seventh day of March, the said E.F. being brought before me, the said justice, by virtue of a warrant issued upon the complaint aforesaid, and having heard the said complaint read, said that he was not guilty of the said offence and thereupon, after hearing the evidence offered as well on the part of the said E. F. as in behalf of the state, and maturely considered the same, it appears to me the said justice, that the said E. F. is guilty in manner and form as in the said complaint alleged. It is therefore considered by me, the said justice, that the said E.F. be committed to the house of correction in said town of Portsmouth, there to be put to hard labor for the term of three months.

A. B. Justice of the Peace.

For the form of a recognizance to be taken when an appeal is claimed, see N. H. Justice, 87.

FORM NO. IV.

Form of the mittimus.

Rockingham, ss. To the constables of the town of Portsmouth, in said county,

{...}

L. S.

GREETING.

WHEREAS on the twenty-seventh day of March, in the year of our Lord eighteen hundred and twenty.. nine, C. D. of Portsmouth, in said county, laborer, came before me, A. B. Esquire, one of the justices of the peace in and for said county of Rockingham, and on oath complained and gave me the said justice to understand and be informed, that

[Here insert the complaint.]

Whereupon the said E. F. being afterwards, to wit, on the same day brought by virtue of a warrant issued on the complaint aforesaid, before me, the said justice, and having heard said complaint read, said that he was not guilty of the said offence; and thereupon, after hearing the evidence offered as well on the part, of the said E. F. as on behalf of the state, and maturely considering the same, it appeared to me, the said justice, that the said E. F. was guilty in marner and form as in the said complaint was alleged; it was therefore considered by me, the said justice, that the said E. F. be committed to the house of correction in said Portsmouth, there to be put to hard labor for the term of three months.

We therefore command you, in the name of the state of New-Hampshire, to convey the said E. F. to said house of correction, and deliver him to the keeper thereof; and the said keeper is likewise commanded to receive the said E. F. into his custody in said house, and him there safely keep until he be discharged by due order of law.

Given under my hand and seal this twenty-seventh day of March, in the year of our Lord eighteen hundred and twenty-nine.

A. B. Jus. Peace.

FORM NO. V.

Form of a complaint against a vagabond and idle person. To A. B. Esquire, &c.

C. D. of Portsmouth, in the county of Rockingham, laborer, complains and gives the said justice to understand and be informed, that E. F. of the same Portsmouth, laborer, on the first day of January last past, was and ever since has been a vagabond and idle person, going about the said town of Portsmouth from