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hath refused and still doth refuse to pay to him the said A, B. or to compound with him for the great and small tithes and other rights, dues and payments belonging to the said church, of right by law and custom due from him the said C. D. unto him the said A, B.; and that there is the sum of now justly due from him the said C. D. unto him the said A. B. for the great and small tithes and other rights, dues and payments aforesaid. The said complainant therefore prayeth such redress in the premises as to the law doth appertain.
A. B. Exhibited before us, the day of ,1817.
Summons thereon. To all Constables and others His Majesty's Officers of the
Peace for the county of —
to wit. Whereas A. B. rector of the parish church of
in the county of —, hath complained unto us whose names are hereunto set and seals affixed, two of His Majesty's justices of the peace in and for the said county of that C. D. of the parish of — in the said county of
> yeoman, (being a person commonly called a Quaker,) hath refused to pay unto him the said A. B. or to compound with him for the tithes, offerings, oblations and other rights, dues and payments belonging and justly due to him the said A. B. of the great and small tithes arising, growing and renewing within the said parish of — amounting in the whole to the sum of which is now justly due to him from the said C. D. These are therefore to authorize and require you forthwith to summon the said C. D. to appear before us, at — in the said county of
the day of , at the hour of in the -noon of the same day, to answer ynto the said complaint; and be you then there to certify what you shall have done in the premises.
Given under our hands, at in the said county, this day of , 1817.
J. C. S, P.
Order on a Quaker to pay his Tithes.
to wit. Whereas complaint hath been made unto us whose names and seals are hereunto set and affixed, being two of His Majesty's justices of the peace for the said county, by A. B. rector of the parish church of in the said county, that C. D. (being a person commonly called a Quakery) hath tefused to pay or to compound with him the said A. B. for the tithes and other rights, dues and payments belonging to the said church, and justly due unto him the said A. B. We therefore the said justices, being neither of us patron of the parish church of aforesaid, nor any way interested in any of the said tithes, rights, dues or other payments, having duly summoned the said C. D. before us, and also duly examined the truth of the said complaint upon oath, do find that there is justly due for the same from him the said C. D. to him the said A. B, the sum of and do order and appoint the said C.D. to pay or cause to be paid unto him the said A. B. the sum of for the tithes, dues and payments aforesaid; and also the further sum of for such costs and charges conçerning the premises, as upon the merits of the case do appear to us just and reasonable. Given under our hands and seals, this
in the year of our Lord, 1817.
J. C. S. P.
Distress Warrant on non-payment, in pursuance of the last
To the Constable of
to wit. Whereas upon the complaint of A. B. rector of the parish church of in the county aforesaid, C. D. of
in the parish aforesaid in the county aforesaid, (being a person commonly called a Quaker,) bath been duly summoned to appear before us J.C. and S. P. Esquires, two of His Majesty's justices of the peace for the said county, to be examined for non-payment of his tithes and other rights, dues and payments belonging to the church of aforesaid, and due anto
him the said A. B. from him the said C. D. And whereas the said justices, upon examination thereof, have ordered the said C. D. by writing under their hands and seals, to pay unto the said A. B. the sum of for such his tithes and other rights, dues and payments as aforesaid; and moreover, the sum of
for the charges of him the said A. B. in recovering the same, making in the whole the sum of And whereas it appeareth unto me, being one of the said justices and also being one of the two next justices to the parish church of aforesaid in the county aforesaid, not being patron of the said church nor any way interested in any of the said tithes, rights, dues or payments, that the said C. D. had due notice of the said order, but hath refused and doth refuse to pay and hath not paid the said sum of nor any part thereof. These are therefore to authorize and command you that you do forthwith levy the aforesaid sum of by distress and sale of the goods and chattels of the said C. D. and out of the money arising from such sale, that you do pay or cause to be paid unto him the said A. B. the said sum of , and thereout also deduct your necessary charges of distraining; and if any overplus shall remain after such payment and deduction as aforesaid, that you do render the same unto the said C. D. • Given under my hand and seal, at in the said county, this day of , 1817.
RECEIPTS. By 55 Geo. III. c. 184, the duties by former acts are repealed, and other duties imposed. Writing receipts without stamps, or on stamps of a lower value, incurs a penalty of £10. if the sum paid does not amount to £100. and £20. if the sum amounts to £100. and upwards. 31 Geo. III. c. 27, s. 17.35 Geo. III. c. 55, s. 8. and no person shall give a receipt for a less sum than actually received, or divide the amount, or do any other act to defraud,
under penalty of £50. 35 Geo. III. c. 55,118.9.The receiver to discharge the duty, under the penalty of £10. 43 Geo. III. c. 126, 5, 5. stis,
All penalties may be sued for by action, or la neighbouring justice may hear any offence subjecting the party to pecuniary penalties, who may, if the complaint is laid within three months, summon the offender and witnesses; and on confession or oath of one witness,' may hear and determine the same and levy the penalty by distress ; if the goods are not redeemed within six days, they may be sold : half the penalty to the King, and half to the informer; in default of distress, the of. fender may be committed for two calendar months, unless the penalty is sooner paid. 31 Geo. 111. c. 25, S. 24, 25.-35 Geo. III. c. 55, s. 12, 13. Appeal al lowed to the next sessions, on giving security to the amount of the penalty and costs.- Justices may mitigate penalties not less than one half with costs. s. 14.-Witnesses not attending summons forfeit 40s. to be recovered in like manner.
Is an obligation of record entered into before some magistrate duly authorized, with condition to appear at the sessions or assizes, or to keep the peace, &c. Justices of the peace are authorized by particular statutes to take recognizances, but those taken for the peace or good behaviagr; are rather
A A A
incident to their office, thân by any other authority. If a person refuse to give recognizance, he may be committed. Dalt. c. 168. but justices are not authorized to take recognizances in any matter not connected with their office.
The form of a recognizance must be as follows; m-it must be made to the King; it must contain the names, places of residence, with additions of the principals and sureties, and the penalty in which they are bound. The condition (upon the performance of wbich' the recognizance is void) is either underwritten or indorsed, and the manner of taking it is by calling the parties by name, thus
You A. B. acknowledge to owe to our Sovereign Lord the King the sum of €, and you C. D. acknowledge, &c. to be levied of your goods and chattels for the use of our said Lord the King, his heirs and successors; if default shall be made in the condition following, that is to say, if you the said A.B. shall make default in appearing, &c.
The parties need not sign it, and the record, which is afterwards made out on parchment, must be subscribed by the justice before whom it is taken. Dalt. c. 176.-It is a matter of record as soon as taken and acknowledged, although not made up by the justice, and only entered in his book. Tbià.
168. Recognizances taken for the peace must be certified to the next sessions, that the party may be called, and if they do not appear they will be es. treated, but in felony they are to be certified to the general gaol delivery. 1 and 2 P. and M. c. 13.