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foresaid, the said E F was beaten to the effusion of his blood; and the said C D was guilty, actor or art and part thereof. May it therefore please your Honours to grant warrant for imprisoning the said C D in the tolbooth of for

such time as to your Honours shall seem just (or to fine the. said C D in the sum of or other suitable sum, payable to the petitioner for the public interest, and expences; and to grant warrant of imprisonment till payment); or to do otherwise as your Honours shall see cause.

2. Complaint for Shooting without Qualification. Unto, &c.

А В.

The petition of E F (design him), with concourse of A B, procurator-fiscal of court, for the public interest,

Humbly Sheweth,

That C D (design him), did upon

at

kill

although not qualified to kill game, by having a ploughgate of land in heritage, and not having the permission of the owner of the said lands, who is so qualified. May it therefore please your Honours to grant warrant for serv ing this petition upon the said C D, and for ordaining him to give in answers thereto, and to fine him in the sum of one hundred pounds Scots, one half to the private informer, the other half to the procurator-fiscal for the public interest, in terms of the act sixteen hundred and twenty-one, chapter thir ty-one, and in the sum of or other suitable sum of expences of process; and to grant warrant for levying the same in terms of law.

3. Warrant to Cite.

E F.
A. B P, F.

Place and date.The justices having considered this petition, grant warrant to constables for serving the said C D with a copy of it, of the list of witnesses, and of this deliverance, and for cit ing him to appear personally to answer to it, at

at

upon o'clock, and for citing witnesses for both parties for the same time and place.

GH, J. P.

An order for written answers is usual in offences against the game laws or the like. See the procedure in civil cases.

4. Citation of Defender.

I, A B, constable, charge you C D, designed in the above writ ten petition and deliverance, to appear personally to answer to the same before his Majesty's justices of the peace, at

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I, A B, constable, charge you NO (design him) to appear before his Majesty's justices of the peace, at

at

upon

o'clock, to bear witness for the complainer (defender), in the petition at the instance of EH (design him) against C D (design him). This I do (as above).

6. Execution of Citation of Defender.

I, A B, constable, upon the

day of

years, charged the above C D, de fender, personally apprehended, by delivering to him a copy of the above complaint, list of witnesses, and deliverance, and a copy of citation subjoined, bearing the date of the delivery thereof, and the names and designations of the witnesses hereto subscribing, present thereat (or by leaving a copy, &c. with his wife or servant, within his dwelling-house in R, in order to be given to him, because I could not apprehend him personally); (or by leaving a copy, &c. in the lock-hole of the most patent door of his dwelling-house, after giving six audible knocks thereat, because I could neither apprehend him personally, nor get access to the house, (as the case may be), to appear before his Majesty's justices of the peace, at

upon o'clock, to answer in the above complaint. before these witnesses, G H and J K (design them).

G H, witness.

at

This I did

A B, Constable.

JK, witness.

7. Execution of Citation of Witnesses.

day of

Insert after" to answer in the above complaint."And I also, upon the lawfully charged (name and design the witnesses), to appear before the said justices, time and place foresaid, to bear witness in the above complaint; and that by delivering to each of them, personally apprehended (or as the case may be), a copy of citation to that effect, bearing the date, &c. (as above).

At

8. Plea of the Defender.

the

day of

before GH and JK, two of his Majesty's justices of the peace for the county of

The complainer present and produced complaint, execution of service thereof on the defender, declaration and articles libelled.

The defender also present; and the complaint being read over to him, and he being judicially interrogated by the justices whe ther he was guilty or not guilty of the crime charged, he declares that he is guilty (and declares that he cannot write, if it be so).

C D.
GH, 7. P.
JK, J. P.

If the defender deny his guilt, it is easy to vary the minute accor• dingly.

9. Interlocutor Allowing Proof.

Place and date. The justices having again considered this petition, and the defender's denial of his guilt, find the charge relevant to infer the pains of law, and allow to the petitioner a proof of the same, and to the said C D a proof of all facts and circumstances tending to exculpate him, or to alleviate his guilt.

10. Examination of Witnesses.

GH, J. P. J K, J. P.

aged

Compeared N O, farmer at married (or as the case may be), a witness for the who being solemnly sworn, purged of malice and partial counsel, examined and interrogated, depones (insert the facts). All which is truth, as he shall answer to God. (And depones he cannot write, if it be so).

NO.
GH, 7. P.
JK, J. P.

Compeared PQ, &c.

11. Judgment.

Place and date.--The justices having considered the above peti tion, and admission of the defender, find the complaint relevant and proven (or, and proof adduced, find the complaint proven), and grant warrant to constables for instantly incarcerating the said C D, defender, in the tolbooth of the keepers

whereof are hereby ordered to detain him during from this date.

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the sum of

GH, J. P.
J K, J. P.

Or, the justices, &c. and amerciate the said CD, defender, in to the petitioner, for the public interest, in name of fine and expences; and grant warrant to constables for instantly committing him to the tolbooth of

the keepers whereof are hereby ordered to detain him till payment of the same; (or) for unless payment be sooner made; (or) and grant warrant for committing him (as above), but supersede execution for from this date.

G H, J. P.
J K, J. P.

of

Or, the justices, &c. and amerciate the said C D in the sum of penalty, to be distributed according to law, and of expences, and grant warrant to constables for instant execution by arrestment, and for poinding upon a charge of fifteen days.

G H, J. P.

JK, J. P.

12. Claim for Wages.

Unto the Honourable his Majesty's justices of the peace for the county of

The petition of A B (design him),

Humbly sheweth,

That the petitioner was engaged to serve C D (design him) for half a-year from Whitsunday last, at the wages of pounds sterling for that time, payable at Martinmas next; but that the said CD dismissed the petitioner from his service on without cause, and refuses to pay him wages for the said half year, and reasonable board during the period of his engagement unexpired when he was so dismissed.

May it therefore please your Honours to ordain the said CD to make payment to the petitioner of the said sum of for board, being

for wages, of the sum of

shillings per week of the period unexpired of his service when so dismissed, and of the sum of or other fit sum of expences; and to grant warrant for poinding and arrest ment for recovery of the same.

A B.

The petition is ordered to be served on the defender, and he is ordered to lodge answers in the clerk's hands within a competent time, and replies are also ordered; or such other course is followed as is customary. When the proof is to be taken on commission, the court, in their interlocutor, grant commission to to take the said

proof any lawful day between this date and to be then reported; each party giving

days

notice to the other of his proceeding to lead his proof; or the court appoint a diet for the commissioner leading the proof. It may be

reported in the form under Commission.

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13. Judgment on Claim.

Place and date. The justices having considered the above peti. tion, answers thereto, replies and proof adduced, (or as the case may be), find the said C D liable to the said A B in the sums of of board, and of expences of process; ordain him to make payment thereof, and decern; and grant warrant for instant execution by arrest ment, and for poinding upon a charge of fifteen days.

of wages,

See Small Debt Act in Appendix.

REVIEW.

GH, J. P.
J K, J. P.

Unto the Honourable his Majesty's Justices of the Peace for the shire of in Quarter Sessions assembled,

The Petition and Appeal of A B (design him),

Humbly Sheweth,

That the petitioner begs leave to submit to the review of your honours the following judgment of the justices in the petty sessions. (Insert the judgment. Then state the facts, with the grounds of appeal.)

May it therefore please your honours to alter the judgment be fore recited, and to (state what is asked.)

A B.

This is refused if it do not throw considerable doubt upon the judg ment of the petty sessions. Otherwise, it is ordered to be answered. And it is afterwards advised with the answers.

SMALL DEBT ACT.

The complaint ought not to set forth circumstances and arguments, but ought barely to mention the kind of cause, the ground of action, and the conclusion, that it may be a foundation for the decree. The defence, and all circumstances and arguments, are stated verbally in presence of the court. The decrees, warrants, &c. ought all to be as short as passible.

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