day of may be) on or before the one thousand eight hundred and to be by him handed over to the said C. D.; And whereas the Clerk of the Peace of the said district (or county, united counties, or as the case may be) hath on the day of instant, duly certified that the said sum for costs had not been paid; * 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 last mentioned 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 Peace for the said district, (or county, united counties, or as the case may be) of that he may pay and apply the same as by law directed; and if no such distress can be found, then that you certify the same unto me or any other Justice of the Peace for the same district (or county, united counties, or as the case may be), 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 in the district (or county, or as the case may be) afore Lord at said. O. K. [L. S.] (S, 2) See s. 52. WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST CASE. Province of Canada, District (or county, united counties, or as the case may be) of To all or any of the constables or other peace officers in the said district (or county, united counties, or as the case may be) of and to the keeper of the common gaol of the said district (or county, united counties, or as the case may be) of in the said county of at Whereas, (&c., as in the last form to the asterisk*, and then thus): And whercas, afterwards on the day of in the year aforesaid, I, the undersigned issued a warrant to all or any of the constables or other peace officers in the said district (or county, united counties, or as the case may be) of commanding them, or any of them, to levy the said sum of for costs, 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 to the said warrant of distress of the constable (or peace officer) who was charged with the execution of the same, as otherwise, that the said constable hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the said sum above mentioned could be found: These are therefore to command you, the said constables or peace officers, or any one of you, to take the said A. B., and him safely to convey to the common gaol of the said district (or county, united counties of —as the case may be), 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 A. B. into your custody in the said common gaol, there to imprison him (and keep him at hard labor) for the space of unless the said sum and all costs and charges of the said distress (and of the commitment and conveying of the said A. B. to the said common gaol, amounting to the further sum of -) shall be sooner paid unto you, the said keeper; and for so doing, this shall be your sufficient warrant. Given under my hand and seal, this Lordin the district aforesaid. at day of in the year of our J. N. [L. S.] (T) See s. 20. GENERAL FORM OF INFORMATION ON OATH. Province of Canada, District (or county, united counties, or as the case may be) of this in the The information (or complaint) of C. D., of the township of said district (or county, united counties, or as the case may be) of (laborer), (if preferred by an attorney or agent, say): "by D. E., his duly authorized agent (or attorney), in this behalf, taken upon oath, before me, the undersigned, one of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of at N., in the said district (or county, or as the case may be) of day of in the year of our Lord one thousand eight hundred and who saith that (he hath just cause to suspect and believe, and doth suspect and believe that) A. B., of the (township) of —— in the said district (or county, or as the case may be) of· within the space of (the time within which the information or complaint must be laid), last past, to wit on the instant, at the township of in the district (county, or as the case may be) aforesaid, did (here set out the offence, &c.), contrary to the form of the statute in such case made and provided. day of C. D. or (D. E.) Taken and sworn, before me, the day and year and at the place above mentioned J. S. FORM OF ORDER OF DISMISSAL OF AN INFORMATION OR COMPLAINT. Province of Canada, District (or county, united counties, or as the case for that may be) of Be it remembered, that on information was laid (or complaint was made) before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of(&c., as in the summons to the defendant), and now at this day, to wit, on (if at an adjournment insert here): "to which day the hearing of this case hath been duly adjourned, of which the said C. D. had due notice"), both the said parties appear before me, in at order that I should hear and determine the said information (or complaint), (or the said A. B. appeareth efor me, but the said C. D., although duly called, doth not appear); whereupon the matter of the said information (or complaint) being by me duly considered, (it manifestly appears to me that the said information (or complaint) is not proved, and) (if the informant or complainant do not appear, these words may be omitted), I do therefore dismiss the same, (and do adjudge that the said C. D. do pay to the said A. B. the sum of for his costs incurred by him in his defence in this behalf; and if the said sum for costs be not paid forthwith (or on or before -), I order that the same be levied by distress and sale of the goods and chattels of the said C. D., and in default of sufficient distress in that behalf, I adjudge the said C. D. to be imprisoned in the common gaol of the said district (or county, united counties, or as the case may be) of (and there kept at hard labor) for the space of sum for costs, and all costs and charges of the said commitment and conveying of the said C. D to the said be sooner paid). Given under my hand and seal, this day of Lord at at unless the said distress (and of the common gaol) shall in the year of our in the district (or county, or as the case may be) aforesaid. J. S. [L. S.] FORM OF CERTIFICATE OF DISMISSAL. I hereby certify, that an information (or complaint) preferred by C. D. against A. B. for that (&c., as in the summons), was this day considered by me, one of Her Majesty's Justices of the Peace in and for the district (or county, united counties, or as the case may be) of and was by me dismissed (with costs). Dated this day of one thousand eight hundred and J. S. GENERAL FORM OF NOTICE OF APPEAL AGAINST A CONVICTION. To C. D., of &c., and (the names and additions of the parties to whom the notice of appeal is required to be given). Take notice, that I, the undersigned A. B., of &c., do intend to enter and prosecute an appeal at the next General Quarter Sessions of the Peace, to be holden at in and for the district (or county, united counties, or as against a certain conviction (or order), bearing day of instant, and made by (you) C. D. Esquire, (one) of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be) of whereby the said the case may be) of date on or about the A. B. was convicted of having (or was ordered to pay) (here state the offence as in the conviction, information or summons, or the amount adjudged to be paid, as in the order, as correctly as possible): and further, take notice that he grounds of my appeal are, first, that I am not guilty of the said offences; econdly, that the formal conviction drawn up and returned to the session is not in law sufficient to support the said conviction of me the said A. B., (together with any other grounds, care being taken that all are stated, as the appellant will be precluded from going into any other than those stated). one thousand eight hundred and Dated this day of A. B. MEX.-If this notice be given by several Defendants, or by an Attorney, it can easily be adapted. FORM OF RECOGNIZANCE TO TRY THE APPEAL, &c. Be it remembered, that on A. B., of ——— (laborer) and L. M., of (grocer) and N. O., of - (yeoman) personally came before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said A. B. the sum of and the said L. M. and N. O. the sum of and each, of good and lawful money of Canada, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A. B. shall fail in the condition endorsed. Taken and acknowledged, the day and year first above mentioned, at before me. on the day of J. S. The condition of the within written recognizance is such, that if the said A. B. shall, at the (next) General Quarter Sessions of the Peace to be holden at next, in and for the said district (or county, united counties, or as the case may be) of prosecute an appeal against a certain conviction bearing date instant, and made by me the said Justice, whereby he the said A. B. was convicted, for that he the said A. B. did on the at the township of enter and day of day of in the said district (or county, united counties, or as the case may be) of — (here set out the offence stated to the conviction); And further, that if the said A. B. shall abide by and duly perform the order of the court to be made upon the trial of such an appeal, then the said recognizance to be void, or else to remain in full force and virtue. FORM OF NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE DEFENDANT (APPELLANT) AND HIS SURETY. Take notice, that you A. B., are bound in the sum of and you L. N. and N. O. in the sum of each, that you the said A. B. at the next General Quarter Sessions of the Peace to be holden at in and for the said district (or county, united counties, or as the case may be) of enter and prosecute an appeal against a conviction dated the day of (instant), whereby you, A. B. were convicted of (stating offence shortly), and abide by and perform the order of the court to be made upon the trial of such appeal; and unless you prosecute such appeal accordingly, the recognizance entered into by you will forthwith be levied on you. Dated this day of one thousand eight hundred and SURETIES. COMPLAINT BY THE PARTY THREATENED FOR SURETIES FOR day of THE PEACE. Proceed as in the form (T) to the asterisk,* then: That A. B. of the (township) of in the district (or county, or as the case may be) of did on the (instant or last past, as the case may be), threaten the said C. D. in the words or to the effect following, that is to say (set them out with the circumstances under which they were used) and that from the above and other threats used by the said A. B. towards the said C, D., he the said C. D. is afraid that the said A. B. will do him some bodily injury, and therefore prays that the said A. B. may be required to find sufficient sureties to keep the peace and be of good behaviour towards him the said C. D., and the said C. D. also saith that he doth not make this complaint against nor require such sureties from the said A. B. from any malice or ill-will, but merely for the preservation of his person from injury. FORM OF RECOGNIZANCE FOR THE SESSIONS. Be it remembered, that on the Lord of A. B. of day of (laborer), L. M. of in the year of our (grocer), and N. O. (butcher), personally came before (us), the undersigned, (two) of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be) of and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say the said A. B. the sum of and the said L. M. and N. O. the sum of each, of good and lawful money of Canada, to be made and levied of their goods and chattels lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A. B. fail in the condition endorsed, Taken and acknowledged, the day and year first above mentioned, at before us. J. S. The condition of the within written recognizance is such, that if the within bounden A. B. (of &c.) shall appear at the next Court of General Quarter Sessions of the Peace to be holden in and for the said district (or county, united counties, or as the case may be) of to do and receive what shall be then and there enjoined him by the court, and in the meantime shall keep the peace and be of good behaviour towards Her Majesty and all her liege people, and especially towards C. D. (of &c.) for the term of now next ensuing, then the said recognizance to be void, or else to stand in full force and virtue. |