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 Summons, and no just excuse hath been offered for such neglect; These are therefore to command you to take the said E. F., and bring him and have him on

at

o'clock in the

noon, at

before me or such Justice or Justices of the Peace for the said (County or United Counties, or as the case may be,) as may then be there to testify what he shall know concerning the said information (or complaint.)

Given under my Hand and Seal, this

in the year of our Lord

or as the case may be) aforesaid.

at

day of

in the (County,

J. S. [L. 8.]

(G 3.-See Section VI.)

WARRANT FOR A WITNESS IN THE FIRST INSTANCE.

PROVINCE OF CANADA,

County or United Counties,

[or as the case may be] of

To all or any of the Constables, or other Peace Officers in the said (County or United Counties, or as the case may be) 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 or United Counties, or as the case may be) of for that (c, as in the Summons,) and it being made to appear before me upon oath, that E. F., of (laborer,) 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 evidence without being compelled so to do; These are therefore to command you to bring and have the said E. F. before me, on o'clock in the (fore) noon, at or before me or such other Justice or Justices of the Peace for the said (County or United Counties, or as the case may be) 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

in the year of our Lord,

as the case may be] aforesaid.

, at

at

day of , in the [County or

185

J. S. [L. S.]

[G.-4]

(G 4.-See Section VI)

COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN OR GIVE EVIDENCE.

PROVINCE OF CANADA,

(County or United Counties,

or as the case may be) of

To all or any of the Constables, or other Peace Officers in the said (County or United Counties, or as the case may be) of

and to the Keeper of the Common Gaol of the said (County or United Counties, as the case may be) at

9

at

WHEREAS Information was laid (or complaint was made) before (me) (one) of Her Majesty's Justices of the Peace in and for the said (County or United Counties, or as the case may be) of for that (c., as in the Summons), and one E. F., now appearing before me such Justice as aforesaid, on 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 a certain question concerning the premises which is now here put to him, and more particularly the following question (here insert the exact words of the question), without offering any just excuse for such his refusal); These are therefore to command you, or any one of the said Constables or Peace Officers to take the said E. F., and him safely to convey to the Common Gaol 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 Common Gaol to receive the said E. F. into your custody in the said Common Gaol and there imprison him for such his contempt for the space of days, unless he shall in

the meantime consent to be examined and to answer concerning the premises, and for so doing this shall be your sufficient Warrant.

Given under my Hand and Seal, this

in the year of our Lord,

or as the case may be) aforesaid.

day of

at

, in the (County,

J. S. [L. 8.]

(H.-See Section XII.)

WARRANT TO REMAND A DEFENDANT WHEN APPREHENDED.

PROVINCE OF CANADA,

(County or United Counties,

or as the case may be) of

To all or any of the Constables, or other Peace Officers in the said (County or United Counties, or as the case may be) of

186

and

House) at

of

and to the Keeper of the (Common Gaol or Lock-up

WHEREAS Complaint was made (or information was laid) before (one) of Her Majesty's Justices of the Peace in and for the (County or United Counties, or as the case may be) , for that (c., 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, or any one of the said Constables, or Peace Officers, in Her Majesty's name forthwith to convey the said A. B. to the (Common Gaol or Lock-up House) 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 (Common Gaol or Lock-up House), and there safely keep him until day of (instant), when you are hereby commanded to convey and have him at

next, the

o'clock in the

at

noon of the same day, before me, or such Justice or Justices of the Peace of the said (County or United Counties, or as the case may be) 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

the year of our Lord

at

day of

in

in the [County, or as the

case may be] aforesaid.

J. S. [L. S.]

[I 1.-See Sections XIII & XVI.]

CONVICTION FOR A PENALTY TO BE LEVIED BY DISTRESS, AND IN

DEFAULT OF SUFFICIENT DISTRESS, BY IMPRISONMENT.

PROVINCE OF CANADA,

[County or United Counties,

or as the case may be] of

BE IT REMEMBERED, That on the

at

day of

, in

the year of our Lord in the said [County, or United Counties, or as the case may be], A. B. is convicted before the undersigned, [one] of Her Majesty's Justices of the Peace for the said (County or United Counties, or as the case may be) for that he the said A. B., (&c., 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 on or

187

before

of

before the next,) * I 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, * I adjudge the said A. B. to be imprisoned in the Common Gaol of the said (County or United Counties, or as the case may be,) at in the said County of

(there to be kept to hard labor) 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 Gaol] shall be sooner paid.

Given under my Hand and Seal, the day and year first above mentioned, at in the [County or United Counties,

or as the case may be] aforesaid.

(I 2.-See Sections XIII & XVI.)

J. S. [L. S.]

CONVICTION FOR A PENALTY, AND IN DEFAULT OF PAYMENT,

PROVINCE OF CANADA,

IMPRISONMENT,

(County or United Counties,

or as the case may be) of

day of

in the

BE IT REMEMBERED, That on the year of our Lord at in the said (County or United Counties, or as the case may be), A. B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said (County or United Counties, or as the case may be), for that he the said A. B. (&c., stating the offence, and the time and place when and where it was committed,) and I adjuge 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 not paid forthwith [or, on or before next,] I adjudge the said A. B. to be imprisoned in the Common Gaol of the said (County or United Counties, or as the case may be,) at in the said County of [and there to be kept at hard labor] for the space of

* Or, when 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 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. or 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 unless

188

unless the said sums and the costs and charges of conveying the said A. B. to the said Common Gaol, shall be sooner paid. Given under my Hand and Seal, the day and year first above mentioned, at in the [County, or as the case

may be] aforesaid.

(I 3.-See Sections XIII & XVI.)

J. S. (L. 8.)

CONVICTION WHEN THE PUNISHMENT IS BY IMPRISONMENT, &c.

PROVINCE OF Canada,

[County or United Counties,

or as the case may be] of

day of

in

BE IT REMEMBERED, That on the the year of our Lord in the said [County or United Counties, or as the case may be] A. B. is convicted before the undersigned [one] of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the case may be] for that he the said A. B. [&c., 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 be imprisoned in the Common Gaol of the said [County or United Counties, or as the case may be,] at

County of

labor] for the space of

in the [and there to be kept at hard ; and I 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,

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 Common Gaol, [and there to be kept at hard labor] for the space of

at

to commence

and from the term of 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 mentioned at in the [County or United Counties, or as J. S. [L. S.]

the case may be] aforesaid.

* Or, when 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, 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.

189

[K 1.]