missed the same, and adjudged that the said C. D. should pay to the said A. B. the sum of for his costs incurred by him in his defence in that behalf; and (1) ordered that if the said sum for costs should not be paid [forthwith] the same should be levied on the goods and chattels of the said C. D., and (1) adadjudged that in default of sufficient distress in that behalf the said C. D. should be imprisoned in the Common Gaol of the said (County or United Counties, or as the case may be,) of

at

in the said County of

(and there kept at hard labor) for the space of

unless the said sum for costs, 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 should be sooner paid ;* And whereas the said C. D. being now required to pay to the said A. B. the said sum for costs, 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 C. D., 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, then that you do sell the said goods and chattels so by you dis trained, and do pay the money arising from such sale to me (the Justice who made such order or dismissal, as the case may be) that (I) may pay and apply the same as by law directed, and may render the overplus (if any,) on demand to the said C. D., and if no such distress can be found, then that you certify the same unto me, (or to any other Justice of the Peace for the same) (County or United Counties, or as the case may be) 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

(County, or as the case may be) aforesaid.

day of

at

in the

J. S. [L. S.]

(Q 2.-See Section XXII.)

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST

PROVINCE OF CANADA,

(County or United Counties,

or as the case may be) of

CASE.

To all or any of the Constables, or 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

200

at

WHEREAS

WHEREAS (&c., as in the last form to the asterisk,* and then thus: And whereas afterwards, on the day of

in the year aforesaid, I, the said Justice, issued a Warrant to all or any of the Constables or other Peace Officers of the said (County or United Counties, or as the case may be) commanding them, or any one of them to levy the said sum of

for

costs, by distress and sale of the goods and chattels of the said C. D.; And whereas it appears to me, as well by the return to the said Warrant of Distress of the Constable (or Peace Officer) 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 C. D., but that no sufficient distress whereon to lévy the sum above mentioned could be found; These are therefore to command you, the said Constables and Peace Officers, or any one of you, to take the said C. D. and him safely convey to the Common Gaol of the said (County or United Counties, or as the case may be,) at aforesaid, and there deliver him to the Keeper thereof, together with this precept; and I hereby command you, the said Keeper of the said Common Gaol to receive the said C. D. 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 the costs and charges of the said distress (and of the commitment and conveying of the said C. D. to the said Common Gaol amounting to the further sum of ,) shall be sooner paid up 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

at

(County, or as the case may be) aforesaid.

, in the

J. S. [L. S.]

(R.-See Section XXIII.)

CERTIFICATE OF CLERK OF THE PEACE THAT THE COSTS OF AN AP

PEAL ARE NOT PAID.

Office of the Clerk of the Peace for the County or United
Counties, or as the case may be) of

TITLE OF THE APPEAL.

I HEREBY CERTIFY, That at a Court of General Quarter Sessions of the Peace, holden at

in and for the said

[County or United Counties, or as the case may be] on

last past, an appeal by A. B. against a conviction [or order] of J. S. Esquire, one of Her Majesty's Justices of the Peace in and for the said [County or United Counties, or as the case may be] came on to be tried, and was there heard and determined, and the said Court of General Quarter Sessions thereupon ordered that the

201

said

said conviction [or order] should be confirmed [or quashed,] and that the said (Appellant) should pay to the said (Respondent) the sum of for his costs incurred by him in the said appeal, and which sum was thereby ordered to be paid to the Clerk of the Peace of the said (County or United Counties, or as the case may be) on or before the day of instant, to be by him handed over to the said (Respondent,) and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order.

Dated the

day of

eight hundred and

one thousand

G. H.
Clerk of the Peace.

(S 1.-See Section XXIII.)

WARRANT OF DISTRESS FOR COSTS OF APPEAL AGAINST A CONVICTION OR ORDER.

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

on

WHEREAS &c., as in the Warrants of Dietress, N 1, 2, ante, and to the end of the Statement of the Conviction or Order, and then thus): And whereas the said A. B. appealed to the Court of General Quarter Sessions of the Peace, for the said (County or United Counties, or as the case may be) against the said Conviction or Order, in which appeal the said A. B. was the Appellant, and the said C. D. (or J. S., Esquire, the Justice of the Peace who made the said Conviction or Order) was the Respondent, and which said Appeal came on to be tried and was heard and determined at the last General Quarter Sessions of the Peace for the said [County or United Counties, or as the case may be] holden at and the said Court of General Quarter Sessions thereupon ordered that the said Conviction [or Order] should be confirmed, [or quashed,] and that the said [Appellant] should pay to the said [Respondent] the sum for his costs incurred by him in the said appeal, which said sum was to be paid to the Clerk of the Peace of the said [County or United Counties, or as the case may be] on or before the one thousand eight hundred to be by him handed over to the said C. D.; And whereas the Clerk of the Peace of the said (County or 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

of

202

day of

and

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

at

(S 2.-See Section XXIII.)

day of
in the [County,

O. K. [L. S.]

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST CASE.

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

at

and to the Keeper of the Common Gaol of the said [County or or United Counties, or as the case may be] of

in the said County of

*

WHEREAS [&c., as in the last form, to the asterisk, and then thus] And whereas, afterwards, on the

day of

in the year aforesaid, I, the undersigned, issued a Warrant 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 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 the Common Gaol of the said (County or United Counties of as the case may be,) at

aforesaid, and there deliver him to the said Keeper thereof, together

203

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

at aforesaid.

, in the year of our Lord

day of

, in the (County, or as the case may be)

(T.)

O. K. [L. S.]

GENERAL FORM OF INFORMATION ON OATH.

PROVINCE OF CANADA,

(County or United Counties, or

as the case may be) of

The information [or complaint,] of C. D., of the Township of in the said [County or 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 [County or United Counties, or as the case may be] of

at N., in the said [County, or as the case may be] of day of

this

Lord, one thousand eight hundred and

in the year of our

[he hath just cause to suspect and believe, and doth suspect and believe that] A. B., of the [Township] of [County, or as the case may be] of

in the said

, within the information or the day

in the [County or as

space of , [the time within which the complaint must be laid,] last past to wit, on instant, at the Township of the case may be,] aforesaid, did [here set out the offence, &c,] con trary to the form of the Statute in such case made and provided. 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,

(County or United Counties, or

as the case may be) of

BE IT REMEMBERED, That on

complaint was made] before the undersigned, [one] of Her Ma

, information was laid for

204

jesty's