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1. Complaint.

Unto the Honourable his Majesty's Justices of the Peace of the

shire of

Complains A B, (insert his designation and place of residence) that C D (insert bis designation and place of residence) is indebted to him in the sum of for wages, (or) hire of labour, (or) on account of furnishings, (or) as the price of sold to him, (or) by bill, &c. (as the case may be), and prays decree for the same, with expences.

2. Warrant for Citation

A B.

day of

Place and date.-Warrant is hereby granted to constables for citing the said CD to appear before his Majesty's justices of the peace for the shire of within the upon the at eleven o'clock forenoon, to answer to the within complaint, and for delivering to the said C Da copy of the account pursued for, document of debt, or state of the demand, with the names of the witnesses, or specification of the other means of proof; and for citing witnesses for both parties.

3. Citation of the Defender.

G H, Clerk.

I, E F, constable, summon you the before designed CD to appear before his Majesty's justices of the peace for the shire of

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within
, upon the
at eleven o'clock forenoon, to answer to
day of

day of
the within complaint. This I do upon the

years.

E F, Constable.

Upon the

4. Execution of the Citation of the Defender.

day of

years, I, E F, constable, lawfully summoned the before designed C D to appear before his Majesty's justices of the peace for the shire of

day of

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› upon the

at eleven o'clock forenoon, to answer at the instance of the before designed A B. This I did by delivering to the said defender personally (or as the case may be, see execution of citation in Process), a full copy of the above complaint, with a copy of citation thereto subjoined, subscribed by me, and a

copy of the account, and a list of the names of the witnesses (or as the case may be). E F, Constable.

It is sufficient, however, by the small debt act, that the constable swear verbally that citation was duly given.

5. Citation of Witnesses.

I, E F, constable, summon you MN (design him) to appear before his Majesty's justices of the peace for the shire of

at

upon the

day of

years, at eleven o'clock forenoon, to bear witness for A B (design bim) in his complaint against CD (design him), (or, to bear witness for C D, in the complaint against him by A B). This I do upon the

day of

E F, Constable.

6. Execution of Citation of Witnesses.

day of

Upon the summoned M N (&c. design them) to justices of the peace for the shire of upon the day of

forenoon, to bear witness (as above).

years, I, E F, constable, appear before his Majesty's

at

years, at eleven o'clock This I did, by delivering

a just copy of citation, signed by me, to the said M N (&c. or as the case may be.)

7. Second Citation of Defender.

E F, Constable.

I, E F, constable, summon you the before designed C D to appear before his Majesty's justices of the peace for the shire of

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at

upon the day of o'clock forenoon, to answer to the within complaint, under certification of being held as confessed. This I do

years, at

upon the

day of

years.

EF, Constable.

This is subjoined to a copy of the complaint; and a copy of the account &c is furnished as before.

8. Decreet.

The original decreet pronounced by the justice is noted in a book kept for the purpose, and which is arranged in columns upon the same principle as in Excise proceedings, there being usually columns for

the names of the pursuers; the names of the defenders; the sums claimed; the mode of service, whether personally or left, which are denoted by P. and L.; the presence or absence of the party, denoted by P. and A.; and the sentence: and which book is signed by the jus

tices.

The extract of the decreet, upon which execution proceeds, may be in the following terms:

At

thousand eight hundred and of peace for the shire of

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liable to A B (design him) in the sums of

and

of expences, and decern; and ordain instant execution by arrestment, and also by poinding and imprisonment, after a charge of six free days. Extracted by

G C, Clerk.

Where the payment is allowed to be made by instalments, the ex• tract may be in the following terms : —

The justices of the peace for the shire of

stalments, at the rate of

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ordain C D, to make payment to A B of the principal sum of with of expences, and that by inand ordain execution to pass hereon for the said instalments by arresting, poinding, or imprisonment, in terms of the act of Parliament; but with certification, that if the defender allow two instalments to run into the third unpaid, then and in that case, the indulgence of paying by instalments shall cease; and ordain execution to pass by the diligence aforesaid for the whole sums decerned for, and unpaid, in terms of the said act of Parliament.

9. Charge for payment (subjoined to a copy of the decreet).

I, E F, constable, by virtue of the decreet, of which the above is a jus copy, lawfully charge you the before designed C D, to make payment to the said A B of the foresaid sums, within six days from this date (er as the case may be in the case of instalments or other indulgence), under the pains of poinding and impri sonment. This I do upon the day of E F, Constable.

10. Execution of Charge.

This is copied from the charge, as the execution of citation is from

the citation.

11. Warrant to Cite for Rehearing.

Place and date.-Warrant is hereby granted to constables for cit◄ ing to compear before his Majesty's justices of the peace for the county of upon the

day of

within

, at eleven having made consignation, in terms of the act of Parliament, in order to have the cause reheard.

o'clock forenoon, to answer at the instance of

the

G H, Clerk.

12. Citation for Rehearing.

I, E F, constable, summon you the before designed

to compear before his Majesty's justices of the peace for the coun

ty of day of

within

, upon the years, at eleven o'clock forenoon, to answer at the instance of , he having made consignation, in terms of the act of Parliament, in order to have the cause reheard.

Upon the

13. Execution of Citation for Rehearing.

day of

lawfully summoned the before designed

, upon the

E. F.

I, E F, constable

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to compear

day of

before his Majesty's justices of the peace for the shire of within years, at eleven o'clock forenoon, to answer at the instance of , he having made consignation, in terms of the act of Parliament, in order to have the cause reheard. This I did, &c. (as in No. 4)

SURETY OF THE PEACE.

1. Petition.

Unto the honourable his Majesty's justices of the peace for the county of M.

The petition of A B, procurator fiscal of court for the public interest,

Humbly Sheweth,

That the petitioner has received information, and has reason to believe that CD and E F, (design them), bear such malice and resentment against each other, that there is cause to apprehend their being guilty of a breach of the peace, in so far as (mention shortly the information received, or as the case may be.)

May it therefore please your honours to grant warrant to bring the said C D and E F before you for examination, and, thereafter, unless they declare upon their conscience that they bear no grudge against each other, to grant warrant for committing them to prison till they shall find caution acted in your honour's books to keep the peace, (or as the case may be.)

2. Warrant to Arrest.

A B, P. F.

Place and date. The justice having considered this petition, grants warrant to constables (or as the case may be) to arrest the said CD and E F, and to bring them before any of the said justices for examination.

GH, JP.

Where the delay of waiting for an application by the procurator-fiscal may be attended with any material risk of the parties committing a breach of the peace, in the meantime, a justice may, of his own motion, grant warrant to arrest in such terms as the following:

Whereas G H, one of his Majesty's justices of the peace for the county of M, has received information, and has reason to believe, &c. (as above) the said justice hereby grants warrant, &c. (as above.)

3. Declarations.

Compeared C D (design him) who being examined by the jus tice, declares, &c. (to be subscribed by him and the justice). Compeared, E F, &c.

4. Order to find Surety.

The justice having resumed consideration of the foregoing petition, and having considered the declarations of the said C D and E F, in respect of the facts admitted by them, and that they refuse to declare upon their consciences that they bear no grudge against each other, grants warrant to constables (or as the case may be) to commit them prisoners within the tolbooth of

the keepers whereof are hereby ordered to receive and detain them until they find sufficient caution acted in the

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