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59 Geo. 3, c. 12, day of

s. 24.

54 Geo. 3,

c. 170, s. 11.

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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 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 o'clock in the noon of the same day to answer the said complaint, and the said A. B. hath this day appeared in pursuance 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 summons, due proof upon oath is now made before us the said justices, 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 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 this day of have proceeded to hear upon oath and determine the matter of the said complaint [in the presence of the said A. B.], and do find and adjudge the same to be true: We do therefore charge and command you, or some or one of you, that you forthwith cause possession of the premises in question [or such land, s. 25] to be delivered to the churchwardens and overseers of the poor of the said parish of -, or some of them. in the year

day of

Given under our hands and seals this day of
at in the county aforesaid.

of our Lord

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[Justices' signatures and seals.]

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50. Justices' Order excusing a poor Person from Payment of a Poor's

County of

to wit.

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Rate.

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Whereas application hath been this day made unto us, the undersigned, two of her Majesty's justices of the peace in and 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 accordingly struck out his name therefrom.

Given under our hands and seals this eight hundred and fifty-six, at

day of —, one thousand

in the county aforesaid. [Justices' signatures and seals.]

51. Order for Excusal of several Persons from different Rates at the 54 Geo. 3,

same Time.

County of We, two of her Majesty's justices of the peace for the said county, and acting for the division of therein, on to wit. the 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.

c. 170, s. 11.

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County of

to wit.

[Justices' signatures and seals.]

We, two of her Majesty's justices of the peace in and

for the said county of

foregoing assessment.

Witness our hands, this day of

do admit and allow of the

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in the said

c. 101, s. 32;

11 & 12 Vict. c. 91, s. 9.

53. Information by a District Auditor for recovery of certified Sum. 7 & 8 Vict. Proceed as in the General Form Nos. 2, 3, ante, pp. 23, 24, to the asterisk*, then, describing the complainant as "Auditor of the C. and H. Audit District." "That A. B., of the parish of county, and overseer of the poor [or as the case may be], hath not paid or caused to be paid to the treasurer of the guardians of the N. union, in the counties of C. and S., the sum of --, certified by the said C. D. in the [describe the book of account in which the certificate of the auditor was made] to be due from the said A. B. at the audit of the accounts of the said union and of the parishes comprised therein, held on the day of last, within seven days after the same had been so certified to be due, nor within three clear days before the laying of this information, contrary, &c.; and thereupon, &c.

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54. The like, for recovery of a Sum surcharged.]—That A. B., of Id. the parish of in the said county, for the space of one year, viz., between the 25th day of March, 1855, or thereabouts, and the 25th

day of March, 1856, was overseer of the poor of the parish of
aforesaid (such parish now being and always having been one of the
parishes comprised in the N. union, in the counties of C. and S., within
a certain district for the audit of accounts relating to the relief of the
poor within such district, to wit, the — audit district), and that he
the said C. D. [the complainant], the auditor of the said district, and
duly appointed under and by virtue of the statutes in that case made
and provided as such auditor, did, on the day of
(after due
notice thereof according to the several acts and rules in that behalf had
been duly given), hold his audit at, in the said county, and did
examine and audit the accounts of the said A. B. as such overseer as
aforesaid, and he the said A. B. being so then and there present, he
the said C. D. did find a deficiency in the accounts of the said A. B.,
of the sum of £, and did then and there surcharge him with the
same; and the said C. D. did duly make his certificate in the book of
accounts of the said parish, and certify the same on the face of the said
accounts, nevertheless the said A. B. hath not, according to the statute
within seven days after such surcharge, nor within three days before
the laying of this information, paid or caused to be paid the said sum
of
to the treasurer of the guardians of the said N. union, but hath
wholly neglected so to do, contrary, &c.

[N.B.-The Summons and Order upon the informations Nos. 53,
54, supra, may be in the General Forms in Jervis's Acts, No.
8, ante, p. 26, and No. 44, ante, p. 42.]

2 & 3 Will. 4, c. 120.

1 Vict. c. 36.

POST HORSES.

Recovery of Duties.] -The necessary forms are given in the act.

POST OFFICE.

Recovery of Postage.]—The necessary forms are given in the act.

Com. Law.

PRIZE FIGHTS.

1. Complaint to ground Warrant for Apprehension of intended Combatants.]-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 and foundation for suspecting and believing, and doth suspect and believe, that A. B. of &c. and 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, ante, p. to apprehend the said A. B. and E. F., and them bring before me the said justice, to find sureties of the peace."

27,

66

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 forms under tit. "Highways," ante, pp. 131, 132, Nos. 2 and 5; also pp. 452, 453, No. 18-22, may be easily adapted.

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2. Certificate of two Justices that whole of Capital of a Railway 8 Vict. c. 18, Company has been subscribed.]-We, J. S. and J. L., Esquires, two ss. 16, 17. of her Majesty's justices of the peace for the county of bled and acting together in petty sessions, at sion of in the said county, on the application of the railway company, incorporated by an act of parliament, intituled [here insert the title of the special 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, and "The Lands Clauses Consolidation Act, 1845," in this behalf, 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 first recited act, has been subscribed for by persons under a contract binding themselves, their heirs, executors and administrators, for the payment of the several sums by the said persons respectively subscribed. Given under our hands this day of

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at in the county aforesaid.

in the year of our

J. S.

J. L.

3. Nomination of a Surveyor by two Justices to determine a Question Id. s. 9. of Compensation where the two Surveyors appointed by the Parties cannot agree.

County of

day of

Whereas by a certain appointment in writing, bearing date the [recite the appointment of the to wit. two surveyors]: And whereas the said C. D. and E. F. cannot agree as to the amount of the purchase-money or compensation to be paid for the said pieces or parcels of land, whereupon application is now made to us by the said railway company [or by the said A. B.] to make such nomination of a surveyor as is hereinafter expressed, which we have consented to do: Now therefore we the said justices, in pursuance of the provisions of "The Lands Clauses Consolidation Act, 1845," in this behalf, having received proof satisfactory to us that the said C. D. and E. F. cannot agree in the valuation of the said pieces or parcels of land in the said recited appointment mentioned, and that due notice in writing of the making of this application has been given by the said company to the said A. B. [or vice versa], do by this writing under our hands nominate G. H. of &c., an able practical surveyor, to determine by his valuation the amount of the purchase or compensation money to be paid by the said company for the purchase by them in fee simple in possession of the said pieces or parcels of land described or referred to in the said schedule hereunder written, and the appurtenances thereto belonging. [If the lands are severed from other lands, then add and also for the purpose of determining the amount of the compensation money to be paid by the said company by reason of the severing the said pieces or parcels of land from the other lands of the said A. B. adjacent thereto.]

Given, &c. [as in No. 2, supra.]

The schedule above referred to. All, &c. [the description, quantity, situation and boundaries of the lands, &c.]

1 & 2 Vict.

c. 80, s. 1.

4. Order on Railway Company for Payment of Special Constables.

To M. N., having the control or custody of the funds of the
railway company.

County of

to wit.

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Whereas on the day of last, J. S. and J. P., Esquires, two of her Majesty's justices of the peace in and for 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 inhabitants, 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 aforesaid 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 session of parliament, held in the first and second years of the reign of her present Majesty, intituled "An Act for the Payment of Constables for keeping the Peace near Public Works," order you the said M. N., having the control or custody of the funds of the said railway company, to pay to the said J. N., J. O. and W. S., the sum of for their trouble, loss of time and expenses incurred by them in serving as such special constables, from the day of last, to the day of instant, 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 day of 1856.

county aforesaid, this

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in the division and

[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 obelisk in the form No. 2, tit. "Constables (Special)," ante, p. 369, the following words: "no order having been made upon the treasurer or other officer having the control or custody of the funds of the company making the said railroad for

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