[N 2.-See Section XVIII.]

WARRANT OF DISTRESS UPON AN ORDER FOR THE PAYMENT OF MONEY.

PROVINCE OF CANADA,

[County or United Counties, or

as the case may be] of

To all or any of the Constables, or other Peace Officers, in the said [County or United Counties, or as the case may be] of WHEREAS ON

last past, a complaint was made before [one] of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the case may be,] for that [&c., as in the order,] and afterwards, to wit, on the said parties appeared before

at

[as in the order,] and thereupon having considered the matter of the said complaint, the said A. B. was adjudged [to pay to the said C. D. the sum of on or before then next,] and also to pay to the said for his costs in that behalf; and it

C. D., the sum of

at

and

was ordered that if the said several sums should not be paid on or before the said then next, the same should be levied by distress and sale of the goods and chattels of the said A. B.; and it was adjudged that in default of sufficient distress in that behalf, the said A. B., should be imprisoned in the Common Gaol of the said [County or United Counties, or as the case may be,] in the said County of [and there kept at hard labor,] for the space of unless the said several sums and all costs and charges of the distress [and of the commitment and conveying of the said A. B. to the said Common Gaol] should be the sooner paid; And whereas the time in and by the said order appointed for the payment of the said several sums of hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default; 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 after the making of such distress, the said last mentioned sums, 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 unto [me, or some other of the convicting Justices, as the case may be,] that I [or he] may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said A. B.; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein, as to law doth appertain.

Given under my Hand and Seal, this

in the year of our Lord

or as the case may be,] aforesaid.

195

at

day of

in the [County

J. S. [L. 8.]
[N 3.]

(N 3-See Section XVIII.)

ENDORSEMENT IN BACKING A WARRANT OF DISTRESS.

PROVINCE OF CANADA,

(County or United Counties,

or as the case may be,) of

WHEREAS Proof upon oath hath this day been made before me, one of her Majesty's Justices of the Peace in and for the said (County or United Counties, or as the case may be,) that the name of J. S. to the within Warrant subscribed, is of the hand-writing of the Justice of the Peace within mentioned, I do therefore authorize U. T. who bringeth me this Warrant, and all other persons to whom this Warrant was originally directed, or by whom the same may be lawfully executed, and also all Constables and other Peace Officers in the said (County or United Counties, or as the case may be,) of to execute the same within the said (County or United Counties, or as the case may be) and of Given under my Hand, this eight hundred and

day of

(N 4.-See Section XX.

one thousand O. K.

CONSTABLE'S RETURN TO A WARRANT OF DISTRESS.

I, W. T., Constable of

in the (County or United

Counties or as the case may be) of hereby certify to J. S., Esquire, one of Her Majesty's Justices of the Peace for the (County or United Counties, or as the case may be) that by virtue of this Warrant, I have made diligent search for the goods and chattels of the within mentioned A. B., and that I can find no sufficient goods or chattels of the said A. B. whereon to levy the sums within mentioned.

WITNESS my Hand, this eight hundred and

day of

(N 5.-See Section. XX.)

one thousand

W. T.

WARRANT OF COMMITMENT FOR WANT OF DISTRESS.

To all or any of the Constables and other Peace Officers, in the (County or United Counties or as the case may be,) of

and to the keeper of the Common Gaol of the said (County or United Counties, or as the case may be,) of

in the said County of

day of

at

WAEREAS (&c., as in either of the foregoing Distress Warrants N 1, 2, to the asterisk*, and then thus): And whereas afterwards, on the in the year aforesaid, I, the said Justice issued a Warrant to all or any of the Constables or other Peace Officers of the (County or United Counties or as the

196

case

case may be) of

commanding them, or any of and

them, to levy the said sums of 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, by the Constable who had 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 sums 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 at

afore

said, and there deliver him to thé said Keeper, 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 several sums, and all the costs and charges of the said distress, (and of the commitment and conveying of the said A. B. to the 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

in the year of our Lord

or as the case may be) aforesaid.

(0 1.)

at

day of
in the (County,

J. S. [L. 8.]

WARRANT OF COMMITMENT UPON A CONVICTION FOR A PENALTY IN THE FIRST INSTANCE.

PROVINCE OF CANADA,

(County or United Counties,

or as the case may be,) of

To all or any of the Constables and other Peace Officers in the said (County or United Counties, or as the case may be,) of and to the Keeper of the Common Gaol of the said (County or United Counties, or as the case may be) of , in the said County of

at

:

WHEREAS A. B., late of (laborer,) was on this day convicted before the undersigned, (one) of Her Majesty's Justices of the Peace, in and for the said (County or United Counties or as the case may be) for that (stating the offence as in the conviction,) and it was thereby adjudged that the said A. B., for his offence should forfeit and pay the sum of (&c., as in the conviction), and should pay to the said C. D. the sum of his costs in that behalf; and it was thereby further adjudged that if the said several sums should not be paid [forthwith] the said A. B. should be imprisoned in the Common Gaol of the said [County

197

for

[County or United Counties, or as the case may be) at

in the said County of for the space of

[and there kept at hard labor] unless the said several sums [and

the costs and charges of conveying the said A. B. to the said Common Gaol] should be sooner paid; And whereas the time in and by the said conviction appointed for the payment of the said seve ral sums hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default; These ar 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 at aforesaid, and there to deliver him to the 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 several sums [and costs and charges of carrying him to the said Common Gaol, amounting to the further sum of shall be sooner paid; and for your so doing this shall be your sufficient War

rant.

(0 2.)

WARRANT OF COMMITMENT ON AN ORDER IN THE FIRST INSTANCE

PROVINCE OF CANADA,

[County or United Counties,

as the case may be,] of

To all or any of the Constables and other Peace Officers in the said (County or United Counties, or as the case may be) of

and to the Keeper of the Common Gaol of the (County or United Counties, or as the case may be) of

in the said County of

:

at

at

WHEREAS O last past, complaint was made before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the case may be] of for that [&c., as in the order] and afterwards, to wit, on the day of the parties appeared before me the said Justice [or as it may be in the order] and thereupon having considered the matter of the said complaint, I adjudged the said A. B. to pay to the said C. D. the sum of on or before the day of then next, and also to pay to the said C. D. the sum of

for his costs in that behalf; and I also thereby adjudged that if

198

the

at

the said several sums should not be paid on or before the day of then next, the said A. B. should be imprisoned in the Common Gaol of the (County or United Counties, or as the case may be) of in the said County of (and there to be kept at hard labor) for the space of unless the said several sums [and the costs and charges of conveying the said A. B. to the said Common Gaol, as the case may be] should be sooner paid; And whereas the time in and by the said order appointed for the payment of the said several sums of money hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default; These are therefore to command you the said Constables and Peace Officers, or any of you, to take the said A. B. and him safely to convey to the said Common Gaol, at aforesaid, and there

to deliver him to the 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 several sums [and

the costs and charges of conveying him to the said Common Gaol amounting to the further sum of ], shall be sooner paid unto you the said Keeper; and for your so doing, this shall be your sufficient Warrant.

Given under my Hand and Seal, this

in the year of our Lord

day of

the

J. S. [L. S.]

[County, or as the case may be] aforesaid.

(Q 1.-See Section XXII.)

WARRANT OF DISTRESS FOR COSTS UPON AN ORDER FOR DISMISSAL

OF AN INFORMATION OR COMPLAINT.

PROVINCE OF CANADA,

[County or United Counties,

or as the case may be] of

To all or any of the Constables, or other Peace Officers in the said [County or United Counties, or as the case may be]

of

:

WHEREAS On last past, information was laid (or complaint was made) before (one) of Her Majesty's Justices of the Peace in and for the said (County or United

Counties, or as the case may be) of

for that (sc., as

in the order of dismissal,) and afterwards, to wit, on

at

both parties appearing before in order that (1) should hear and determine the same, and the several proofs adduced to (me) in that behalf being by (me) duly heard and considered, and it manifestly appearing to (me) that the said information (or complaint) was not proved, (I) therefore dis

199

missed