to wit.

The Constable's return thereupon, of the want of distress. (Burn.) County of I, A. C. constable of, do hereby certify to and justices of the peace for the said county, that I have made diligent search for, but do not know of, nor can find any goods and chattles of A. O. and B. O. and C. O., or any of them, by distress and sale whereof I may levy the sum of

Given under my hand, this

day of

Commitment thereupon to the House of Correction. (Burn.) County of, To the Constable of

the house of correction at

and also to the keeper of

to wit. Whereas A. O. and B. O. and C. O. were, by an order dated the day of under the hands and seals of us the said county, residing nearto pay the sum of ·

day of

to

justices of the peace of

-, not being interested in, ordered or to his bailiff, servant or agent, on or before the —, being double the value of certain goods and chattels of the said A. O. which the said was before us duly convicted of having fraudulently and clandestinely removed and conveyed away to prevent the said A. J. from distraining the said goods and chattels, for arrears of rent due the said A. J. for the said and which the said B. O. and C. O. were also duly convicted before us, of having wilfully and knowingly aided and assisted the said A. O. in so fraudulently and clandestinely removing and conveying away, and concealing the same; and whereas the said A. O. and B. O. and C. O. having notice of our said order, have refused or neglected to pay, and have not yet paid the said sum of pursuant thereunto, and the same hath been duly proved before us; and whereas it appears to us, by the return of A. C., constable of - dated the -day of that he hath made diligent search for, but doth not know of, nor can find any goods and chatte's of the said A. O. and B. O. and C. O., or any of them, by distress and sale whereof the said sum of may be levied pursuant to our warrant duly made and issued for levying the said sum ofby dis. tress and sale of the goods and chattels of the said B. O. and C. O.: These are therefore to command you, the said constable of &c., and each and every of you, to apprehend the said A. O. and B. O. and C. O. convey them to the said house of correction at aforesaid, and

deliver them to the said keeper of the said house of correction; and these are also to command you, the said keeper of the said house of correction, to receive them the said A. O. and B. O. and C. O. into the said house of correction, and there keep them to hard labour, without bail or mainprize, for the space of six months, unless the said sum of —, so ordered to be paid as aforesaid, shall be sooner satisfied. Given under our hands and seals, at the day of Form of a complaint upon oath to be made before a Justice, in case of a dwelling house where goods and chattels are fraudulently and clandestinely removed, and conveyed away and secured, so as to prevent them from being taken and seized as a distres for rent. County of Be it remembered that this day of , yeoman, complaineth and maketh oath that

to wit.

}

of

A. J.

certain goods and chattels of A. O. of――yeoman, have been fraudu. lently and clandestinely conveyed and carried away from -- by the said A. O. his servant or servants, agent or agents, or other person or persons, aiding or assisting them to prevent from distraining the said goods and chattels for £. arrears of rent due to the said A. J. for the said, and that the said goods and chattels are, as the said A.J. hath good cause to suspect, and doth suspect and verily believe, put, placed, or kept, in the dwelling house, barn, stable, out-house, yard, close or other place, oflocked up, fastened or otherwise secured, so as to prevent the said goods and chattels from being taken and seized as a distress for arrears of rent as aforesaid; wherefore the said A. J. prayeth our warrant in the premises.

Taken and sworn at day of

at

before

the

Warrant upon the preceding Complaint and Oath.

A. J.

County of to wit.

Whereas A.J. of

To the Constable of

, yeoman, hath this

-day of

exhibited,

yeoman,

his complaint, and made oath before justices of the peace for the said county, that certain goods and chattels of A. O. of have been fraudulently and clandestinely conveyed and carried away from by the said A. O., his servant or servants, agent or agents, or other person or persons, aiding or assisting therein, to prevent from distraining the said goods and chattels for £- arrears of rent due to the said for the said, and that the said goods and chattels are, as the said A. J. hath good cause to suspect, and doth suspect and verily believe, put, placed or kept in the dwelling-house, barn, stable, out-house, yard, close or other place of at, locked up, fastened or otherwise secured, so as to prevent the said goods and chattels from being taken and seized as a distress for such arrears of rent, as aforesaid. These are therefore to command you, and each and every of you, to aid and assist the said A. J., his steward, bailiff, receiver or other persons empowered to take and seize, as such distress for rent, as aforesaid, the said goods and chattels, in the day-time to break open and enter into the said dwelling-house, barn, stable, out-house, yard, close or other place of the said and to take and seize the said goods and chattels for the said arrears of rent, according to law. Given under our hands and seals at

at

the

day of

For the Form of Conviction see ante p. 200.

Recognizance on appeal against the preceding Conviction, for fraudulently assisting to convey goods off the premises, to avoid a Distress, under the 11 Geo. II. c. 19, § 5 & 6.

County of

Be it remembered, that on the

to wit. the year of the reign of our sovereign Lady Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, A. B. of, in the said county, yeoman, C. D. of in the same county, yeoman, and E. F. of in the same county, yeoman, personally came before us, J. C.

and S. P. esquires, two of her Majesty's justices of the peace in and for the said county, and acknowledged themselves to owe to our said lady the Queen the sum of [the amount must be double the sum ordered to be paid by the conviction, 11 Geo. II. c. 19], to be levied of their goods and chattels, lands and tenements, to the use of our said lady the Queen, her heirs and successors, if the said B. O. shall make default in the condition following:

The condition of this recognizance is such, that whereas the said A. B. Is this day duly convicted before us, the above-named justices of the peace, of having wilfully and knowingly aided and assisted A. O. of within the township of in the county aforesaid, in the night of the day of last, in fraudulently and clandestinely removing and conveying away part of the goods and chattels of the said A.O. from [describe the place, house, tenement, &c. and where situate, c.] not exceeding the value of fifty pounds, and in concealing the same, so as to prevent A. J. of in the said county, esquire, from taking and seizing the same for arrears of rent due to the said A. J. from the said A. O. for a certain tenement [or as the case may be] aforesaid, for which offence the said B. O. has been adjudged to forfeit to the said A. J. the sum of being double the value of the said goods by the said B. O. so carried off and concealed: Now if the said B. O. shall personally appear at the next General Quarter Sessions of the Peace to be held at -, in and for the said county, and commence and prosecute an appeal against the said con. viction, and pay such costs as shall be then and there awarded by the said court, then this recognizance to be void.

situate at

Information and complaint under the 11 Geo. II. c. 19, of Tenant having deserted the Premises.

-

day of

County of The information and complaint of A. B., of ——, in to wit. S the said county, taken this day of, 185—, who saith that he the said A.B. did, in and by a certain indenture bearing date the in the year of our Lord 185-(or, by written or verbal agreement, as the case may be), demise unto A. S., of in the county aforesaid a certain messuage (or other premises, as the case may be), situate and being at , in the county aforesaid, at a rack-rent (or three-fourths of the yearly value); that is to say, at the yearly rent of -, payable quarterly (if so), on the day of &c.; and that the said A. B. further complaineth, that on the day of now last past there was in arrear and due unto him the said A. B, from the said A. S., the tenant of the said demised premises, one whole year's rent thereof, and that he the said A. S. hath deserted the said demised premises, and left the same uncultivated and unoccupied, so as no sufficient distress can be had to countervail the said arrears of rent, and that the said arrears of rent have been duly demanded according to law. Wherefore the said A. B. doth request J. C. and S. R., esquires, two of her Majesty's justices of the peace for the said county, to go and view the said demised premises, and affix on the most notorious part thereof a notice in writing, what day they will return and take a second view thereof, and that a remedy may be given to the said

A.B. according to the form of the statute in that case made and provided. Taken before us, the said justices, the day of 185Notice to be affixed on the Premises being deserted. (Burn.)

Mr. Abraham Sutcliffe:

--, yeoman,

Take notice, that upon the complaint of A. B., of made unto us, J. C. and S. R., esquires, two of her Majesty's justices of the peace for the county of that you the said A. S. have de. serted the messuage and tenement, situate, lying and being at -, unto you demised, at rack-rent, by him the said A. B., and that there is in arrear and due from you the said A. S., unto him the said A. B., one whole year's rent for the said demised premises, and that you have left the said premises uncultivated and unoccupied, so that no sufficient distress can be had to countervail the said arrears of rent: We the said justices (having no interest, nor neither of us having any interest in the said demised premises), on the said complaint as aforesaid, and at the request of him the said A. B., have this day come upon and viewed the said demised premises, and do find the said complaint to be true; and on the day of this present month of we will return to take a second view thereof, and if upon such second view you or some person on your behalf shall not appear and pay the said rent in arrear, or there shall not be sufficient distress on the said premises, then we the said justices, will put him the said A. B. into the possession of the said demised premises, according to the form of the statute in such case made and provided. In witness whereof we have hereunto set our hands and seals, and have caused this notice to be affixed on the outdoor of the dwelling house, the same being the most notorious part of the said premises, this day of —, in the year of our Lord 185Record of putting the Landlord into Possession. County of, Be it remembered, that on the in - day of. to wit. the year of the reign of our sovereign lady Victoria, at in the said county, A. B. of - complaineth unto us J. C. & S. R., esquires, two of her Majesty's justices of our said lady the Queen assigned to keep the peace within the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, in the said county committed, that he the said A. B. did demise, at rack rent, unto A. S. of - yeoman, the messuage and tenement, lying and being at aforesaid; and that on the said

}

day of in the year aforesaid, there was in arrear and due unto him the said A. B. from him the said A. S. tenant of the said demised premises, one whole year's rent thereof, and that he the said A. S. had deserted the said premises and left the same uncultivated and unoccupied, so as no sufficient distress could be had to countervail the said arrears of rent, whereupon the said A. B. then and there, to wit, on the said day of in the year aforesaid, at aforesaid, in the

county aforesaid, requested of us, so as aforesaid being justices, that a due remedy should be provided to him in this behalf, according to the form of the statute in that case made, which complaint and request by us the aforesaid justices being heard, we the said J. C. & S. R., justi.

ces aforesaid (having no interest in the said demised premises), on the said- day of in the year aforesaid, at aforesaid, did personally go and view the said demised premises, and then and there upon our own proper view, did find the said complaint to be true, and did then and there affix on the most notorious part of the said premises, to wit, upon the out door of the dwelling-house aforesaid, a notice in writing, under our hands and seals, that we, the said justices, on the ——— day of the same month of- in the year aforesaid, would return

to take a second view thereof, upon which said— day of— in the year aforesaid, we, the said justices, do now return and take a second view of the premises aforesaid, and there upon our own proper view do find, that he the said A. S. doth not appear, nor doth any person on his behalf appear and pay the said rent in arrear, and that there is no 'sufficient distress upon the premises aforesaid, nor upon any part thereof, to countervail the said arrears of rent; therefore we, the said justices, at aforesaid, on the day of in the year aforesaid, do put the said A. B. into the possession of the said demised premises, according to the form of the statute aforesaid. In witness whereof, we, the said justices, unto this record do set our seals, at aforesaid, in the county aforesaid, on the said day of in the year of our Lord

185-.

LAND SURVEYORS.

By the 12 V. c. 35, § 2, no person shall act as a land surveyor for hire or profit, without being duly licensed under this act, under a penalty of £10 for every offence. § 3 to 10 contain provisions for qualification and admission. § 11. Chainbearers to be sworn to act justly and exactly, and to render a true account to the surveyor, and not to be related to any of the parties interested within the fourth degree-viz., of cousin german; such oath to be administered by the surveyor. § 12. Standard measures to be kept by the Commissioner of Crown Lands. 13. Surveyor to have a standard measure of length, stamped or otherwise certified by the Commissioner of Crown Lands or his deputy for this purpose, under the penalty of forfeiture of license; and shall, previously to any survey, verify the length of his chains and instruments by such standard. § 14. Any person molesting any surveyor in the discharge of his duty shall be deemed guilty of misdemeanor, and punishable by fine or imprisonment, or both, in any court of competent jurisdiction: such imprisonment not to exceed two months, nor fine to exceed £5. And any surveyor in the performance of his duties is authorised to pass over, measure along, and ascertain the bearings of any township line, concession, or range line, or other governing line or side-line; and for such purpose to pass over the lands of any person, doing no actual injury. § 45. Surveyors to keep regular journals and field notes, and furnish copies to parties interested, upon payment