Vide s. 24. Vide s. 24. 66 for and 3. Where a sum of money.-That the said A. B., who does [not] 61. Warrant of Commitment on an Order where the Disobeying of it is punishable by Imprisonment (P. 2). on To the constable of and to the keeper of the [house of correction] 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 [&c., as in the order], and afterwards, to wit, 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 [&c., as 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 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 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 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 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 J. S. (L.S.) in the [county] aforesaid. 62. Warrant of Distress for Costs upon an Order where the Disobeying of the Order is punishable with Imprisonment (P. 4). To the constable of [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 [&c., 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 [&c., as in the 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 disobedience 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 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 [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 lastmentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the clerk of the justices of the peace for the division of in the said [county], that he may pay 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 [county] aforesaid. at in the J. S. (L.S.) Vide forms 35 and 36, ante, p. 36, 37, Indorsement to execute 63. Warrant of Commitment for Want of Distress (P. 5). [Proceed as in form 50, ante, p. 46, 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, &c. by the Defendant. (Not in Jervis's Act.) [This would be similar to form No. 51, ante, p. 46, 47, but reciting as directed for form 63, supra.] Vide s. 23. Vide s. 19. 65. Warrant of Commitment on an Order in the first instance (O. 2). To the constable of and to the keeper of the [house of corin 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, [c., as in the order, and afterwards, to wit, 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 day of then next, on at on or before the for his costs in that and also to pay to the said C. D. the sum of at J. S. (L.S.) 66. Warrant of Distress upon an Order for the Payment of Money (N. 2). To the constable of [county] of. and to all other peace officers in the said 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 [&c., as in the order], and afterwards, to wit, at, the said parties appeared before me [or as 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 (a) There should be inserted here, pursuant to sect. 17, and as in Nos. 61, 62, p. 54: "Upon a copy of the minute of the 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." (b) Add here also : "Although a copy of the minute of the said order was duly served upon the said A. B." and 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 (a) the said several sums should not be paid on or before the said then next, 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, [and there 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 the time in and by the said order appointed for the payment of the said several sums of hath elapsed, but the said A. B. hath not paid the same, or any part thereof, but therein hath made default (b):* 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 appertain (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.) 67. Commitment upon a like Order where the Distress would Vide s. 19. be ruinous, or on Defendant confessing he has no Goods. (Not in Jervis's Act.) To the constable of the parish of to wit. Whereas, on the -, in the day of and to the keeper of the day of , at the before 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 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 then next, and on or before the day of (a) There should be inserted here, pursuant to sect. 17, and as in Nos. 61, 62: "Upon a copy of the minute of the 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." (b) Here insert: "Athough a copy of the minute of the said order was duly served upon the said A. B." (c) Add here the form of direction to detain the defendant till the return of this distress warrant, as given in the note (y) to form No. 53, ante, p. 49. 66 also pay to the said C. D. the sum of for his costs in that behalf; and I also thereby adjudged that if (d) 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 conveying 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 several 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. 50.] 69, 70. Indorsement in backing Distress Warrant, and Constable's Return of Nulla Bona. [Forms No. 35 and 36, ante, p. 36, 37.] 71. Warrant of Commitment upon an Order for Want of Distress. (Not in Jervis's Act.) [Proceed to the asterisk* in form No. 67, supra, 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, although after the making of the said order, a copy of the minute thereof was duly served upon the said A. B., the said A. B. did not then pay, nor hath he paid, the said sum of 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 ——, commanding him to levy the said sums of 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 and (d) Here insert the words in note (a), ante, p. 56. |