6. Forms. (20.) Summons of master thereon. (21.) Order of County of 1of} , To the Constable of Whereas complaint has been made unto me, J. P., Esq., one of his majesty's justices of the peace in and for the said county, upon the oath of P. S., of in the said county, husbandman [or, labourer, &c., as the case may be], that at Michaelmas last [the real time] he, the said P. S., was hired and employed by P. R., of aforesaid, in the said county, farmer, [as the case may be], to be servant in husbandry, &c. [as the case may be], to him, the said P. R., for the space of [or as the case shall be]; and that he, the said P. S., did accordingly, at Michaelmas last [the real time], as aforesaid, enter upon, and afterwards until this present time hath continued and doth continue in, the said service and employment; and that he, the said P. R., during the said service and employment, hath misused him, the said P. S., and particularly [here set forth the offences]. These are therefore to require you, in his majesty's name, to summon the said P. R. to appear before me, on next, at the house of in the said county, at the hour of in the afternoon of the same day, to answer unto the said complaint. And be you then there to certify what you shall have done in the execution thereof. Given under my hand and seal, the day of in the year in [Proceed as in preceding form, beginning at the word "whereas," and ending at discharge of work- the, and then thus.] And whereas the said P. R., in pursuance of my summons man thereon. for that purpose, hath appeared before me, to answer unto the said complaint, but hath not proved that he is not guilty of the said complaint and charge, and, on the contrary, it hath been fully and duly proved before me upon the oath of the said P. S., [and also on the oath of C. D., &c., as the case may be], to my satisfaction, that he, the said P. R., hath misused him, the said P. S., in his service and employment, as aforesaid, and particularly [here set forth the special offence or offences]; [or, and whereas it appears to me, upon the oath of P. T., constable of aforesaid, that he, the said P. T., by virtue of my precept to him directed, did duly summon him, the said P. R., to appear before me at a reasonable time therein prefixed, to answer unto the said complaint, and he, the said P. R., hath neglected to appear according to the said summons; and whereas it hath been fully and duly proved before me upon oath, to my satisfaction, that he, the said P. R., hath misused him, the said P. S., in his service and employment, as aforesaid, and particularly [here set forth the particular offence or offences]: I do therefore hereby order, in pursuance of the statute in that case made and provided, that he, the said P. S., be discharged, and do hereby discharge him, the said P. S., of and from his said service and employment. Given under my hand and seal, the day of in the year (22.) Information on 20 Geo. 2, c. 19, s. 2, 6 Geo. 3, c. 25, s. 4, 4 Geo. 4, c. 34, s. 3, against a workman absenting himself from service before contract completed (a). (23.) Warrant thereo. County of Be it remembered, that on this day of in the year P. R., of in the county aforesaid, farmer [or, steward, &c., as the case may be], complaineth and maketh oath before me, J. P., Esq., one of his majesty's justices of the peace in and for the said county, that D. E., late of aforesaid, in the said county, servant in husbandry, &c. [as the case may be], did on, &c., at &c., contract with the said P. R. to serve the said P. R. as a servant in husbandry, &c. [as the case may be], for [here state the time of the contract], and did then and there enter into such service; and that after- County of To the Constable of , in the said county. Whereas information and complaint hath been made before me, J. P., Esq... one of his majesty's justices of the peace in and for the said county, by P. R., of in the said county, farmer, &c. [or, steward, &c., as the case may be], upon the oath of the said P. R., that D. E., late of aforesaid, in the said county, servant in husbandry, &c., [here proceed as in the preceding information to the, and then thus]. These are therefore to command you to bring the said D. E. before me, to answer unto the said complaint, and to be further dealt with according to law. Given under my hand and seal, the year of our Lord one thousand eight hundred and day of in the 30. Forms. thereon. County of To the Constable of in the said County, and to the (24.) Order and Keeper of the House of Correction at in the said County, commitment Whereas information and complaint hath been made before me, J. P., Esq., one of his majesty's justices of the peace in and for the said county, by P. R., of in the said county, farmer, &c., [as the case may be], upon the oath of the said P. R., that D. E., late of aforesaid, in the said county, servant in husbandry, &c. [as the case may be], did, on, &c., at, &c., contract with the said P. R. to serve the said P. R. for, &c. [here proceed to state the complaint as in the information No. 22 to the *, and then thus]. And whereas the said D. E., in pursuance of my summons [or, "warrant," as the case may be], for that purpose hath appeared before me, to answer the said complaint, but hath not proved that he is not guilty of the said complaint and charge [or, if the defendant did not appear, see the form No. 21]; and whereas, in pursuance of the statutes in that case made and provided, I have duly examined the proofs and allegations of both the said parties, touching the matter of the said complaint, and, upon due consideration had thereof, have adjudged and determined that he, the said D. E., did contract with the said P. R. to serve him, the said P. R., as aforesaid, and did afterwards absent himself from the said service before the term of his said contract was completed, as aforesaid; and I do therefore convict him, the said D. E., of the said offence, in pursuance of the statutes in that case made and provided. These are therefore to command you, the said constable, forthwith to convey the said D. E. to the said house of correction at aforesaid, and to deliver him to the keeper thereof, together with this warrant; and I do hereby command you, the said keeper, to receive the said D. E. into your custody in the said house of correction, and him there safely keep for the space of exceeding three months, nor less than one month], from the date hereof; * and I do also order that the said P. R. shall abate, &c. [here proceed to order an abatement of the wages as in form No. 18]; and, for your so doing, this shall be your sufficient warrant. Given under my hand and seal, the day of , in the year of our Lord one thousand eight hundred and [not If the justice, instead of committing the offender to prison, abate the wages only, (25.) Order proceed as in the preceding form, from the word " whereas" to the ", and then pro- abating wages ceed as in form (No. 17,) to the end. only, or disIf the justice, instead of committing the servant or abating his wages, only discharge charging dehim, then proceed as in the preceding form, from the word "whereas" to the *, and fendant. then proceed as in form (No. 18,) to the end. Be it remembered, that on, &c., at, &c., N. O., of, &c., personally cometh (26.) Information, to wit. before me, J. P., one of his majesty's justices of the peace in and for on 4 Geo. 4, c. 34, the said county, and, upon his oath, complaineth to and informeth me, that C. D., s. 3, against labeing a servant in husbandry, &c. [as the case may be], did, on, &c., at, &c., con- bourers or others tract with the said N. O. to serve him, the said N. O. [state the terms of the contract shortly]; and that the said C. D. did not afterwards enter into or commence his said service according to his contract aforesaid (the said contract being in writing, and signed by the contracting parties aforesaid); and did then and there neglect to fulfil his contract aforesaid, contrary to the form of the statute in such case made and provided. Whereby, &c. [Conclude as usual.] Taken and sworn before me, the of , 18. day J. P.S N. O. An order may be readily framed from this, and a warrant or commitment may be framed from the forms of warrant or commitment, ante, Nos. 23, 24. (a) See ante, p. 535. See a form in Hardy v. Ryle, 9 B. & C. 603; 2 VOL. V. Mann. & Ryl. Mag. Ca. 302; 4 Mann. PP for not entering into service according to written contract (a). 30. Forms. (27.) Award to be back of order of 5 Geo. 4, c. 96, (29.) Acknow ledgment of fulfilment of award to be written at foot or on back thereof, under 5 Geo. 4, c. 96, s. 23. (30) Oath to be administered by the arbitrators or justice to the parties and witnesses, under 5 Geo. 4, c. 96, s. 8(b). (31.) Commitment of a witness, on 5 Geo. 4, c. 96, ss. 9, 27 (c). We, I. K. and L. M. [name and describe the referees], the referees appointed to settle the matters in dispute between the parties within named [or, I. K., one of the referees so appointed, or, L. M., the other referee appointed, having failed to attend, or, I, N. O., the justice, as the case may be], do hereby adjudge and determine that [here set forth the determination; to which the referee or referees, or justice, as the case may be, shall subscribe their names.] We, L. M. and N. O., parties to the within reference, do hereby agree to extend the same to the day of inclusive. Witness our hands, this day of Witness, L. M. I, L. M., do hereby acknowledge that the above award hath been fulfilled by N. O., who is hereby discharged of the same. Witness my hand, this day of Witness, L.M. The evidence that you shall give before us, the arbitrators appointed by L. M. and N. O. [the parties], to determine the matters in difference between them, under and by virtue of an act passed in the fifth year of the reign of king George the Fourth, intituled" An Act" [state the title of this act, ante, 544], shall be the truth, the whole truth, and nothing but the truth. So help you God. Whereas proof on oath hath been made before me, one of his majesty's justices of the peace for the county [or, riding, stewartry, division, city, burgh, liberty, town, or place] of , on this day of that N. O. hath been duly summoned, and hath neglected to appear and give evidence before C. D. and E. F., the arbitrators appointed by and between G. H. and I. K., to determine the matters in dispute between them at in the county [or, riding, stewartry, division, city, burgh, liberty, town, or place] of on the day of under and by virtue of an act made in the fifth year of the reign of his late majesty, king George the Fourth, intituled " An Act" [here set forth the title of this act, ante, 544]; and the said N. O. being required by me, the said justice, to give evidence before the said arbitrators, and still refusing so to do, therefore I, the said justice, do hereby, in pursuance of the said act, commit the said N. O. to the [describing the prison and the house of correction], there to remain without bail or mainprize for his [or, her] offence aforesaid, until he [or, she] shall submit himself [or, herself] to be examined, and give his [or, her] evidence before the said arbitrators, touching the matters referred to them, as aforesaid, or shall otherwise be discharged by due course of law. And you, the [constable, or other peace officer, or officers, to whom the warrant is directed], are hereby authorized and required to take into your custody the body of the said N. O., and him [or, her] safely to convey to the said prison [or, house of correction], and him [or, her] there to deliver to the gaoler [or, keeper] thereof, who is hereby authorized and required to receive into his custody the body of the said N. O., and him [or, her] safely to detain and keep, pursuant to this commitment. Given under my hand, this day of in the year of our Lord [This commitment to be directed to the proper peace-officer, and the gaoler or keeper of the prison or house of correction.] 5 Geo. 4, c. 96, s. 24 (d). in the year of our lord day on the pursuant to an act passed in the fifth year of the reign of his late majesty, king George the Fourth, intituled "An (a) Ante, p. 549. The stat. gives this and the next forms. (b) Ante, p. 547. (c) Ante, p. 547, 550. The act gives this form. (d) Ante, p. 550. The act gives this form. Act" [state the title of this act, ante, 544], is liable to pay to and also the sum of ; and the said having refused ; and the sum of I, for constable of the day of do hereby certify to for which 30. Forms. justice of the peace (33.) Constable's that I have made diligent search for, but do not know of, nor can find return to warrant any goods and chattels of by distress and sale whereof I may levy the sum of distress, on on the day of pursuant to an act passed in the fifth year of the reign of his late majesty, king George the Fourth, intituled "An Act" [state the title of this act, ante, 544], became liable to pay to the sum for costs, time, and expenses, making together the sum of ; and, having refused or neglected to pay the same for the space of two days and upwards] subsequent to the making of such award, my warrant was, according to the provisions of the said act, duly made and issued for the levying the said sum of by distress and sale of the goods and chattels of the said And whereas it appears by the return of day of that he hath made diligent search for, but doth not know of, nor can find any goods and chattels of the said by distress and sale whereof the said sum of may be levied, pursuant to my said warrant: these are therefore to command you, the said constable of to apprehend the said and convey him to the said house of correction at aforesaid, and deliver him there to the keeper of the said house of correction; and these are also to command you, the keeper of the said house of correction, to receive him, the said into the said house of correction, and there keep him without bail or mainprize for the space of thereupon to house of correction (6). day of under an award made by , on the day of in the year of our Lord pursuant to an act passed in the withheld, on fifth year of the reign of his late majesty, king George the Fourth, intituled 5 Geo. 4, c. 96, 8. 25 (b). "An Act" [state the title of this act, ante, 550], became liable to pay to the sum of for costs, time, and expenses, making together the sum of which he has refused or neglected to pay for the space of [two days and upwards] subsequent to the making of such award; and whereas it appears to me, that the recovery of such sum and warrant of distress and sale of the goods and chattels of the said attended with consequences ruinous, or in an especial manner injurious, to the defaulter ["and his family," if any]; and I have, therefore, determined to withhold such warrant, and to commit the said to prison, pursuant to will be the said act. These are therefore to command you, the said constable of (a) Ante, p. 550. , (b) Ante, p. 550. The act gives this form. 30. Forms. correction; and these are also to command you, the keeper of the said house of correction, to receive him, the said , into the said house of correction, and there keep him without bail or mainprize for the space of months, unless the said sum of so ordered to be paid, as aforesaid, shall be sooner satisfied, with all reasonable expenses. Given under my hand and seal, at the day of Be it remembered, that on the , in the (36.) Conviction day of year of his on 6 Geo. 4, c. 129 majesty's reign, and in the year of our Lord A. B. is convicted before us (a). [naming the justices], two of his majesty's justices of the peace for the county [or, riding, division, city, liberty, town, or place] of of having [stating the offence], contrary to the act made in the sixth year of the reign of king George the Fourth, intituled" An Act" [here set forth the title of this act, ante, 551]; and we, the said justices, do hereby order and adjudge the said A. B., for the said offence, to be committed to and confined in the common gaol for the said county [or, "riding, division, city, liberty, town, or place"], for the space of [or, "to be committed to the house of correction at within the said county, or, "riding." division, city, liberty, town, or place"], [there to be kept to hard labour for the space of .] Given under our hands, the day and year above written. (37.) Commitment on like act (b). (38.) Information for personating , at Whereas C. D. hath been duly summoned to appear and give evidence before us [naming the justices who issued the summons], two of his majesty's justices of the peace for the county [or, "riding, division, city, liberty, town, or place"] of on this day of being the time and place appointed for hearing and determining the complaint made by , [the informer or prosecutor], before us, against A. B, of having [stating the offence as laid in the information], contrary to the act made in the sixth year of the reign of king George the Fourth, intituled " An Act" [here insert the title of this act, ante, 551]; and whereas the said C. D. hath not appeared before us at the time and place aforesaid, specified for that purpose, or offered any reasonable excuse for his [or, her] default [or, and whereas the said C. D. having appeared before us at the time and place aforesaid, specified for that purpose, hath not submitted to be examined as a witness, and give his [or, her] evidence before us, touching the matter of the said complaint, but hath refused so to do]; therefore we, the said justices, do hereby, in pursuance of the said statute, commit the said C. D. to the [describing the prison], there to remain without bail or mainprize, for his [or, her] contempt aforesaid, for three calendar months, or until he [or, she] shall submit himself [or, herself] to be examined, and give his [or, her] evidence before us, touching the matter of the said complaint, or shall otherwise be discharged by due course of law. And you, the [constable, or other peace officer or officers to whom the warrant is directed], are hereby authorized and required to take into your custody the body of the said C. D., and him [or, her] safely to convey to the said prison, and him [or, her] there to deliver to the gaoler or keeper thereof, who is hereby authorized and required to receive into his custody the body of the said C. D., and him [or, her] safely to detain and keep, pursuant to this commitGiven under our hands, this day of , in the year of our ment. Lord [This commitment to be directed to the proper peace-officer, and the gaoler or keeper of the prison.] day of Be it remembered, that on the in the year of our to wit. Lord , at, &c., N. O., of, &c., a credible witness in this bemaster, and giving half, personally cometh before us, J. P. and K. L., two of his majesty's justices false character of of the peace in and for the said [county], and on his oath informeth us, that 32 Geo. 3, c. 56, heretofore, to wit, on, &c., at, &c., one E. F. having offered himself to be hired as a servant into the service of the said N. O., C. D., of in the said county, [labourer, did then and there falsely personate one G. H., the late [master] of the said E. F., and did then and there personally [or, in writing] a servant, on B. 1 (c). (c) Ante, p. 565. See Forms, Arch. Forms of Com. and Conv. 298. The statute gives the formal parts of the conviction. |