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The like for stopping and detaining in Custody a Horse and
To A. B. and C. D. &c. I do hereby, as the attorney of and for E. F. according to the form of the Statute in such case made and provided, give you notice that I shall, at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of — to be sued out of His Majesty's Court of
at Westminster, against you, at the suit of the said E. F. for that you, the said A. B. and C. D. on the day of last, with force and arms seized a certain horse of the said E.F. of great value, which was then passing in and along the King's highway, and drawing a certain cart of him the said E. F. of a large value, wherein he was then riding and going in and about his lawful and necessary affairs and business; and without the license or consent, and against the will of the said E. F. stopped and detained him and his said horse and cart for a long space of time, to wit, for the space of -- during which time he the said E. F. not only lost and was deprived of the use and benefit of his said horse and cart, but was hindered and prevented from doing and transacting his Jawful and necessary affairs and business; and also for that you fif the facts are so] the said A. B. and C.D, on the said day of — last, with force and arms assaulted, beat, wounded, and ill-treated the said E. F. and imprisoned him, and kept and detained him in prison, without any reasonable or probable cause whatsoever, for a long space of time, to wit, for the space of contrary to the laws and customs of this realm, and against the will of the said E. F. and rent, tore, damaged, and spoiled his clothes, of a large value, which he then wore and had on, and other wrongs to the said E. F. did to his great damage, and against the peace of our Lord the King. Dated this day of 1817.
W.T. Attorney for the said E. F. The like to Collectors of Taxes for an illegal Distress. To A. B. and C. D, of acting under colour and pretence
of being Collectors of Taxes for the parish of I, of in the county of — do hereby, as the attorney of and for E. F. of in the county of gent.
according to the form of the Statute, &c. give you notice, [as in the last precedent] for that you the said A. B. and C. D. on the - day of — last, to wit, at in the county of
with force and arms, &c. seized and took certain horses, mares, geldings, and sheep, to wit, 10 horses, 10 mares, 10 geldings, and 50 sheep, of the said E. F. of great value, to wit, of the value of £500, and then and there impounded the said horses, mares, geldings, and sheep, and kept and detained the same so there impounded for a long space of time, to wit, for the space
of then next following, and until the said E. F. was, in order to get back and regain possession of the said horses, mares, geldings, and sheep, forced and obliged to pay to you the said A. B. and C. D. a large sum of money, to wit, the sum of £500, at the parish aforesaid, and county aforesaid. And also for that you the said A. B. and C. D. on the said
in the year aforesaid, with force and arms, &c. to wit, at the parish aforesaid, in the county aforesaid, seized, took, and drove away certain other horses, mares, geldings, and sheep, to wit, 10 other horses, 10 other mares, 10 other geldings, and, 50 other sheep, of the said E. F. of great value, to wit, of the value of £500 of lawful money of Great Britain, there then found and being, and converted and disposed thereof to your own use; and other wrongs to the said E. F. did to his damage of £500, and against the peace of our Lord the King. Dated, &c.
W.T. Attorney for the said E. F.
Demand on a Constable of perusal and Copy of his Warrant,
To Mr. C. D.' · I do hereby, as the attorney of and for A. B. of --&c. according to the form of the Statute, &c. demand of you the perusal and copy of the warrant, by virtue or under colour whereof you did, on or about the
day of hend the said R. P. and carry and convey him in custody in and to and before S. P. Esq. one of His Majesty's justices of the peace in and for the county of Dated, &c.
W. T. Attorney for the said A. B.
The like on a Gaoler.
To Mr. A. B. I do hereby, as the attorney for E. F. of - &c. according to the form of the Statute, &c. demand of you the perusal and copy of the warrant of commitment and detainer, under which you received into your custody the said E. F. on or about the day of ---- last, and kept and detained him in custody for the space of then next following. Dated, &c.
W.T. Attorney for the said E. F.
It seems proper that constables should retain their warrants, and not return them to the magistrate, otherwise they cannot comply with the directions of the act. See further post. under title “ Justices of Peace” and “ Constable."
AFFIDAVITS. Affidavits should be in writing, particularly if intended as the ground of further proceedings, and the time, place of abode, and addition of the party making it, should be inserted, i Lill. Abr. 44, 46. May be on unstamped paper if taken before a magistrate, who is not authorized to take voluntary affidavits except judicially,
Affidavit of the Overseer of the Poor (or some other person who can testify the fact] that a Woman brought to bed of a bastard Child had not been delivered a month, to enable the parish to move the Quarter Session to continue the rea puted Father on his recognizance till the next Session.
to wit. A. B. of in the county of yeoman, maketh oath and saith, that he is one of the overseers of the
poor of the parish of — and that E. E. of the said parish, single woman, on the day of — in the year of our Lord, 1817, was delivered of a male bastard child, in the said parish of — and which said child is now chargeable to the said parish, and that no order of filiation hath been made, nor hath a month elapsed since her delivery,
A.B. Sworn at — in the county of
the day of 1817, before me,
Affidavit of service of a Summons to ground a Warrant for
A. B. of - in the county of constable of the said parish, maketh oath and saith, that on the instant, he personally served C. D. with a true copy of the summons hereto annexed, at his dwelling house, situate in the parish of — aforesaid, and at the same time informed the said C, D. of the intent and meaning thereof, Sworn, &c.
Affidavit of being prevented by Illness from attending the
Session, to be made by a medical man if convenient] in order to move to continue the party on his recognizance.
- to wit. A. B. of — in the said county, surgeon, maketh oath and saith, that C. D. of -- yeoman, is confined to his house by severe illness, and that this deponent saw the said C. D. yesterday, and verily believes he is incapable of travelling without manifest danger of his life. Sworn, &c,
AFFRAY. An affray signifies a fighting or skirmish between two or more persons in public, and there must be a stroke given or offered to constitute an affray, 3 Inst. 158. If it happen in private it is not an affray, though it may be an assault. No quarrel some or threatening words will amount to an affray, yet a constable may carry the threatener to a justice, to find securities for the peace. Leach's Hawkins, 1 cap. 63, and 2 cap. 10.
A magistrate, and even a constable, or private person, may endeavour to suppress an affray, and may imprison, ex officio, the parties until security be given for the peace; but neither a magistrate or constable can authorize the arrest or detention of an affrayer, if the offence be committed out of their view, without a warrant. Though this is a bailable offence, a magistrate should be circumspect in taking bail, if either of the parties are dangerously wounded. i Hawk. c. 63.
Affrays are punishable by fine and imprisonment, at the discretion of the judge. See Keble's Reports, 694. 9 Anne, c. 14, s. 8, and Hawkins, c. 63. Cro. Eliz. 405. 3 Inst. 142.
Affidavit to ground a Warrant to apprehend Affrayers.
A. B. of in the county of — , maketh oath' and saith, that on the day of in the year of our Lord, 1817, C. D. of — labourer, E. F. of - labourer, and G. H. of —- yeoman, did, in a tumultuous manner, and with force and arms make an affray, to the terror of His Majesty's subjects then and there being, wherein the said A. B. was assaulted, beaten, and abused by the said C. D. E. F. and G. H. without any just or reasonable cause. Sworn, &c.