No. 2. Warrant of Distress for the Penalty as in the foregoing Conviction, under the 48 Geo. 3. c. 88. [This form is prescribed by the Act.] County of To the constables, heaboroughs, or tythingmen of, &c. in the county of is this day convicted before me [or us] one [or two, or more] of his majesty's justices of the peace for the said county of for for the riding of the county of York, or for the town, liberty, or district of [as the case may be] upon the oath of or a credible witness or witnesses, or by confession of the party as the case may be,] for that the said [here set forth the offence] contrary to the statute in that case made and provided, by reason whereof the said sum of hath forfeited the to be distributed as herein is mentioned, which to to he hath refused to pay. These are, therefore, in his majesty's name to command you to levy the said sum of by distress, of the goods and chattels of him the said and if within the space of five days next after such distress by you taken the said sum, together with the reasonable charges of taking the same shall not be paid, then that you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale that you do pay one half of the said sum of of who informed me [or us] of the said offence, and the other half of the said sum of the overseer of the poor of the parish, township, or place where the offence was committed, to be employed for the benefit of such poor, returning the overplus (if any) upon demand to the said , the reasonable charges of taking, keeping, and selling the said distressed being first deducted; and if sufficient distress cannot be found of the goods and chattels of the said whereon to levy the said sum of , that then you certify the same to me [or us] together with this warrant. Given under my hand and seal [or our hands and seals] the day of in the year of our Lord one thousand eight hundred and twenty For want of sufficient distress, the offender may be commited to the county gaol or house of correction for three calendar months; but an appeal lies to the next general quarter ses sions. VOL. II. B B No. 3. Complaint to one Justice by the holder of a Promissory note under 51., of the failure of Payment by the Person liable to pay the same for seven days after demand, under 37 Geo. 3. c. 61. s. 2. County of to wit. of Be it remembered, that on the day in the year of our Lord one thou sand eight hundred and twenty of the town of in the said county, personally cometh before me W. R., esquire, one of his majesty's justices of the peace in and for the said county, and maketh complaint before me the said justice, that he is the holder of a promissory note for [four pounds, and ten shillings] made and subscribed by one of aforesaid, dated the and day of attested by one by which the said promised to pay him the said or bearer on demand, the said sum of [four pounds ten shillings] for value received by him the said and whereby became liable to pay the same, and being so liable afterwards, to wit, on the the said the said day of in the year of our Lord one thousand eight hundred and twenty requested and demanded payment of the said sum of money mentioned in the said note of and from said but the did not then pay nor hath he at any time since paid the same or any part thereof. Wherefore the said prayeth of me the said Justice, such redress in the premises as the statute in that behalf made and provided doth direct. of in the said county Whereas hath made complaint on oath before me W. R., esquire, one of his majesty's justices of the peace, that you have, seven day's after demand, failed to pay him the sum of [four pounds ten shillings] due from you to him, as the holder of a promissory note to that amount made and subscribed by you. These are to summon you to appear before me at this place to-morrow morning at o'clock, to shew cause why you should not pay him the said sum of [four pounds, and ten shillings,] together with the costs of his proceedings against you before me for the Given under my hand at recovery day of in the year in the of our Lord one thousand eight hundred and twenty No. 5. Order for Payment. County of Whereas of on the in the said county day of last, to wit. made complaint on oath before me, W. R., esquire, one of his majesty's justices of the peace, that of aforesaid, in the said county of had for seven days after demand failed to pay the sum of [four pounds and ten shillings] to the said which said sum of four pounds became liable to pay to the and ten shillings the said said as the holder of a certain promissory note payable And whereas the said to bearer on demand, and made, drawn, and subscribed by the said having been duly summoned to appear before me to answer the premises, now appeareth before me the said justice, this in the year of our Lord one thousand eight hundred and twenty aforesaid, in the said county for that purpose, and having heard the said information and complaint, pleadeth and saith, that he did not make, draw, or subscribe the said promissory note in manner and form as the said hath complained thereof against him, whereupon the said calleth and produceth before me the said justice a credible witness in his behalf, and the subscribing witness to the said promissory note which note is now here produced before me the said justice, which said upon his oath now here before me the said justice, in the presence and hearing of the said deposeth and saith, that on the aforesaid in the county aforesaid, he saw the said sign and subscribe his name to the said promissory note, and that he this deponent set his name to the said note as an attesting witness, and he further saith, that on the aforesaid, and that the said then in deponent's presence and hearing Whereupon the said is now refused to pay the same. asked by me the said justice, if he can produce any witness in his behalf, or shew any cause why he should not be ordered do forthwith by me the said justice, to pay the said sum of [four pounds and ten shillings;] but the said doth not produce any witness nor shew any sufficient cause to me the said justice, why he should not pay the same. Therefore it is hereby ordered and awarded by me the said justice, that the said pay down to the said the said sum of [four pounds and ten shillings] together with the further sum of [six shillings,] which I do hereby also settle, ascertain, and allow him for his costs in this behalf. In witness whereof, I have to this order and award set my hand and seal at aforesaid, in the said county, day of in the year of our Lord one thou this sand eight hundred and twenty PUBLIC WORSHIP. No. 1. Warrant to apprehend a Person for making a Disturbance in the Church, and abusing the Minister. County of to wit. Whereas To the constables and churchwardens of the and every of them. of, &c. and of, &c. have made com plaint on their several oaths before me W. R., esq., one of his majesty's justices of the peace acting in and for the said county, That of your parish did on the day of instant, being the Lord's day go into the parish church of in the county of and there in time of divine service make a great noise and disturbance, and particularly called of, &c. rogue, rascal, and other opprobrious names, and was also guilty of indecent and irreverent language to the reverend rector of the said parish church, who was then and there exercising the functions of his office, and was also then and there guilty of divers other misdemeanors in contempt of religion and tending to the breach of the peace: These are therefore to require and command you in his majesty's name to apprehend the said and bring him before me or some other of his majesty's justices of the peace for the said county, to answer the matters so objected against him as aforesaid, and you are also to require the said to bring with him two sufficient sureties to enter into a recognizance for his appearance at the next general quarter sessions to be held for the County aforesaid. Given under my hand and seal, &c. No. 2. Warrant to apprehend a Person for disturbing the the Congregation in a Parish Church, under 1 W. c. 18. s. 18. County of To the constable of in the county of to wit. Whereas church of clerk of officiating minister, the parish in the said county of and one of the churchwardens of the said parish, have this day made complaint on their several oaths before me W. R., one of his majesty's justices of the peace in and for the said county, that late of the said parish of labourer, and late of the parish of in the county of day of yeoman, together with divers other evil disposed persons on Sunday last, being the in the year of our Lord one thousand eight hundred and twenty , wilfully and of purpose did contemptuously come into the said parish church, situate in the said parish of in the said county of 2 during the time of divine service, and did disquiet and disturb the congregation then and there assembled by [state the offence, whether by affectedly coughing, loud laughing, or brawling, &c.] in the said parish church, and by other noises and disturbances preventing the said officiating minister as aforesaid, from proceeding in the celebration of divine service: These are therefore in his majesty's name to command you the said constable, forthwith to apprehend the said and bring them before me the said justice at this place, to answer for the said offence and to be further dealt with according to law. And you are hereby also commanded to give notice to the said proof of the said offence shall be made justice by two sufficient witnesses on the complaint, then the said and and and before me the said hearing of the said will be required to find two sureties to become bound in a recognizance in the penal sum of fifty pounds,* conditioned for the personal appearance of the said respectively at the next general quarter sessions of the peace to be held in and for the said county, then and there to answer for the said offence according to the form of the statute in this behalf made and provided. Given, &c. * This sum is stated in the act to be the amount of the recognisance. |