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(Sec. 121.) in shall be deemed or construed to authorize Justices in like Man- But otherwise as ner to grant or issue One Warrant of Commitment against several Persons in default of Distress as aforesaid.

to a Commitment in default of Distress.

rants of Distress

IV. And be it enacted, That the Warrants aforesaid may be directed to whom War

to the Churchwardens and Overseers of the Poor, or the Overseers or Commitment of the Poor, or the Surveyors of the Highways respectively, and

to be directed. to the Constable of the Parish or Township, and to any other Person or Persons, or to any one or more of them, as by the Jus

tices granting the same shall be deemed fit. (a.) V. And be it enacted, That every Summons to be issued against any summons and

Person for Nonpayment of any Sum for which he or she is or shall how served. be so rated or assessed as aforesaid shall be directed to such Person, and may be in the Form (B.) in the Schedule 16.) to this Act annexed, or in any Form to the like Effect ; and the same may be served by any Churchwarden or Overseer of the Poor, or Surveyor of the Highways, respectively, or Constable or other Person, to whom it shall be delivered for that Purpose, (a) upon the Person to whom it is so directed, by delivering the same to the Party personally or by leaving the same with some Person for him or her at his or her last Place of Abode ; and the Person who shall serve the same in manner aforesaid shall attend at the Time and Place and before the Justices in the said Summons mentioned, to depose if necessary to the Service of the said Summons ; and if, upon the Day if not obeyed, and at the Place appointed in and by the said Summons for the the Justices may

proceed ex parte. Appearance of the Party so summoned, such Party shall fail to appear accordingly in obedience to such Summons, then and in every such Case, if it be proved upon Oath or Affirmation to the Justices then present that such Summons was duly served as aforesaid a reasonable Time before the Time so appointed for his or her Appearance as aforesaid, it shall be lawful for such Justices of the Peace in their Discretion, if they shall so think fit, to proceed ex parte, in the same Manner to all Intents and Purposes as if such Party had personally appeared before them in obedience to the said Summons.

VI. And be it enacted, That in all Cases where any Proceedings

On Payment or have been or shall hereafter be taken to compel Payment of any Tender of Rate Sum for which any such Person is or shall be so rated or assessed ceedings to as aforesaid, if at any Time before such Person shall be comniitted to and lodged in Prison for Nonpayment thereof, or for or by reason of its being returned to such Warrant of Distress as aforesaid that there are no Goods or Chattels or no sufficient Goods or Chattels of such Person whereon the same may be levied as afore

and Costs pro

cease.

(a.) Or by any Officer of the Commissioners, see section 121, ante, p. 152.

(b) See the Schedule following these sections.

Sec 121.)

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said, such Person shall pay or tender to the Churchwardens or Overseers of the Poor, or any of them, or to the Surveyor of Highways respectively, or other Person authorized to collect or receive such Rate, the Sum so sought to be recovered, together with the Amount of all Costs and Expenses up to that Time incurred in the Proceedings so taken to compel Payment thereof as aforesaid, then and in every such Case the Person to whom such Sum and Costs shall be so paid or tendered shall receive the same, and there-upon no further Proceedings for the Recovery of the same shall be had or taken.

Costs already recovered or proceeded for deemed legal.

VII. And be it enacted, That in all Cases where such Costs and Ex

penses as aforesaid shall have been paid and received, or any Proceedings taken or Imprisonment had for Nonpayment of the same, such Payment and Receipt, and such Proceedings or Imprisonment, shall be deemed legal to all Intents and Purposes, and no Action or other Proceeding shall be had or proceeded in for or in respect of the same.

Forms in
Schedule valid.

VIII. And whereas it may be convenient, and save Expense and

Litigation, if Forms to be used for the Purpose of levying the Sums
aforesaid should be given : Be it enacted, That the Forms in the
Schedule (a.) to this Act contained, or Forms to the same or the like
Effect, shall be deemed good, valid, and sufficient in Law. (6.)

SCHEDULE

(A. 1.)

Form of Complaint against One Ratepayer.

Complaint of the Overseers or Surveyors against One Rate-payer.

Be it remembered, That on the

Day of
to wit.
in the Year of our Lord

the Church wardens
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

(a.) See the Schedule next following. (6.) The next and only other section in this Act exhibits a curious specimen of Act of Parliament making ; it limits the term of Imprisonment for nonpayment of Church Rates to Three Months; who from reading the Title, or preamble would guess ? that this Act contained so important an alteration in the Law, as limiting Imprisonment for Church Rates, previously without limit! The section is as follows:-"And whereas it is desirable to limit the Time within which a Person assessed to a Church Rate may be imprisoned for Nonpayment of the same: Be it enacted, That every Person now undergoing any such Imprisonment shall be discharged from such Imprisonment so soon as he or she shall have been imprisoned Three Calendar Months, or shall sooner pay the Sum or Sums with which he or she is charged ; and that hereafter no Person shall be imprisoned for the Nonpayment of any Church Rate for any Time exceeding Three Calendar Months,

Day of

(Sec. 121.) 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 * made on the

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 summoned 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.

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(A. 2.)
Complaint against several Rate-payers.

Complaint

against several BE it remembered, That on the

Day of Ratepayers. to wit. in the Year 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 thereof, but have respectively refused so to do: Wherefore the said [Church wardens and Overseers or Surveyors], by C.D. aforesaid, pray that said several Persons may respectively be summoned to appear before Two of Her Majesty's Justices of the Peace, to show Cause respectively why they have not paid and refuse to pay the said Sums respectively.

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Summons upon Complaint.

(B.)

Summons upon the Complaint.
To A.B. of
WHEREAS Complaint hath this Day been made before the under-

signed, [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 Maintenance of the Highways] of the said Parish, in and by a Rate made on the

Day of

1849, in the Sum hath not paid the same or any Part thereof, but hath refused so to do: 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] as may then be there, to show Cause why you have not paid and refuse to pay the same, 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
in the Year of our Lord

at

in the [County] aforesaid

E.F.

of

Day of

Take notice, that you have already incurred the under-mentioned (Sec. 121.)

Costs ; viz.

S.

d.

Clerk to the Justices
Overseer (or Surveyor), for obtaining the Summons
Constable, for serving ditto
Ditto, Travelling Expenses at Three-pence per Mile

1 0

Total

If the Amount of these Charges, together with the Rate claimed,

be paid to the Overscer (or Surveyor] before the Day on which the Summons is returnable, all further Proceedings will be stopped.

(C. 1.)
Warrant of Distress against One Rate-payer.

Warrant of Disa
tress against
one Ratepayer.

To the Overseers of the Poor (or to the Surveyors of the Highways] of the Parish of

in the [County] of and to the Constable 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 Overseers, 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

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