(G 2) See 8. 17.

WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS.

Province of Canada, District (or county, united counties, or as the case may be) of

To all or any of the constables, and other peace officers in the said district (or county, united counties, or as the case may be) of

Whereas information was laid (or complaint was made) before (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of - for that (&c., as in the summons), and it having been made to appear to (me) upon oath, that E. F., of - in the said district (or county, united counties, or as the case may be), (laborer), was likely to give material evidence on behalf of the (prosecutor), (I) did duly issue (my) summons to the said E. F., requiring him to be and appear on at o'clock in the (fore) noon of the same day, at before me or such Justice or Justices of the Peace for the said district (or county, united counties, or as the case may be) as might then be there, to testify what he should know concerning the said A. B. or the matter of the said information (or complaint); And whereas proof hath this day been made before me, upon oath, of such summons having been duly served upon the said E. F.; And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons and no just excuse hath been offered for such neglect: These are therefore to command you to take the said E. F. and to bring and have him on o'clock in the (fore) noon, at

at -- before me or such Justice or Justices of the Peace for the said district (or county, united counties, or as the case may be) as may then be there, to testify what he shall know concerning the said information (or complaint).

Given under my hand and seal, this

in the district (or county, or as the case may be) afore

said.

(G, 3)

See 8. 18.

J. S. [L. S.]

WARRANT FOR A WITNESS IN THE FIRST INSTANCE.

Province of Canada, District (or county, united counties, or as the case may

be) of

To all or any of the constables, or other peace officers, in the said district (or county, united counties, or as the case may be) of ·

Whereas information was laid (or complaint was made) before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of · for that (&c., as in the summons), and it being made to appear before me upon oath that E. F. of (laborer), is likely to give material evidence on behalf of the (prosecutor) in this matter, and it is probable that the said E. F. will not attend to give evidence without being compelled so to do: These are therefore to command you to bring and have the said E. F. before me, on o'clock in the (fore) noon, at or before me or such other Justice or Justices of the Peace for the said district (or county, united

at

counties, or as the case may be) as may then be there, to testify what he shall know concerning the matter of the said information (or complaint). Given under my hand and seal, this day of in the year of our at in the district (or county, as the case may be) afore

Lord

said.

J. S. [L. S.]

(G, 4) See 8. 19.

COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN OR GIVE EVIDENCE.

Province of Canada, District (or county, united counties, or as the case may be) of

To all or any of the constables or other peace officers in the said district (or county united counties, or as the case may be) of and to the keeper of the common gaol of the said district, (or county, united counties, or as the case may be) at

at

Whereas information was laid (or complaint was made) before (me) (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of for that (c. as in the summons), and one E. F., now appearing before me such Justice as aforesaid, on and being required by me to make oath or affirmation as a witness in that behalf, hath now refused so to do, (or being now here duly sworn as a witness in the matter of the said information [or complaint] doth refuse to answer a certain question concerning the premises which is now put to him, and more particularly the following question [here insert the exact words of the question]), without offering any just excuse for such his refusal: These are therefore to command you, or any one of the said constables or peace officers, to take the said E. F., and him safely to convey to the common gaol at aforesaid, and there deliver him to the said keeper thereof, together with this precept: And I do hereby command you, the said keeper of the said common gaol, to receive the said E. F. into your custody in the said common gaol, and there imprison him for such his contempt for the space of days, unless he shall in the meantime consent to be examined and to answer concerning the premises; and for so doing this shall be your sufficient warrant.

day of

Given under my hand and seal, this in the year of our Lord at in the district (or county, united counties, or as the case may be) aforesaid.

(H) See 8. 33.

J. S. L. S.]

WARRANT TO REMAND A DEFENDANT WHEN APPREHENDED.

Province of Canada, District (or county, united counties, or as the case

may be) of

To all or any of the constables or other peace officers in the said district (or county, united counties, or as the case may be) of

keeper of the (common gaol or lock-up house) at

and to the

Whereas complaint was made (or information was laid) before

(one) of Her Majesty's Justices of the Peace in and for the district (or

county, united counties, or as the case may be) of·

for that (&c., as

in the summons or warrant); And whereas the said A. B. hath been apprehended under and by virtue of a warrant, upon such information (or complaint), and is now brought before me, as such Justice as aforesaid: These are therefore to command you, or any one of the said constables or peace officers, in Her Majesty's name, forthwith to convey the said A. B. to the (common gaol or lock-up house) at and there to deliver him to the said keeper thereof, together with this precept: And I do hereby command you the said keeper to receive the said A. B. into your custody in the said (common gaol or lock-up house), and there safely keep him until next, the (instant), when you are hereby commanded o'clock in the (fore) noon of

day of

to convey and have him at

at

the same day, before me or such Justice or Justices of the Peace of the said district (or county, united counties, or as the case may be) as may then be there, to answer to the said information (or complaint), and to be further dealt with according to law.

at

day of

Given under my hand and seal, this in the year of our Lord in the district (county, or as the case may be) aforesaid. J. S. [L. S.]

(I, 1) See 88. 42, 50.

CONVICTION FOR A PENALTY TO BE LEVIED BY DISTRESS, AND IN DEFAULT OF SUFFICIENT DISTRESS BY IMPRISONMENT.

Province of Canada, District (or county, united counties, or as the case may

at

be) of

day of

Be it remembered, That on the in the year of our Lord, in the said district (or county, united counties, or as the case may be), A. B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be), for that the said A. B., (&c., stating the offence, and the time and place when and where committed), and I adjudge the said A. B., for his said offence, to forfeit and pay the sum of (stating the penalty, and also the compensation, if any), to be paid and applied according to law, and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith (or on or before the next), * I order that the same be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress, I adjudge the said A. B. to be imprisoned in the common gaol of the said district (or county, united counties, or as the case may be), at in the said district (or county) of· (there to be kept to hard labor) for the space of unless the said several sums and all costs and charges of the said distress (and of the commitment and conveying of the said A. B. to the said gaol) shall be sooner paid.

· of

Given under my hand and seal, the day and year first above mentioned, at - in the district (or county, united counties, or as the case may be) aforesaid.

J. S. [L. S.]

*Or when the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks ** say, "then,

inasmuch as it hath now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. or his family," (or, "that the said A. B. hath no goods or chattels whereon to levy the said sums by distress "), I adjudge, &c., (as above, to the end.)

(I, 2)

CONVICTION FOR A PENALTY, AND IN DEFAULT OF PAYMENT, IMPRISONMENT.

Province of Canada, District (or county, united counties, or as the case may

at

be) of

day of

Be it remembered, That on the in the year of our Lord in the said district (or county, united counties, or as the case may be,) A. B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said district (or county, united counties, or as the case may be), for that he the said A. B. (&c., stating the offence, and the time and place when and where it was committed), and I adjudge the said A. B. for his said offence to forfeit and pay the sum of

(stating the penalty and the compensation, if any), to be paid and applied according to law; and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith (or, on or before next,) I adjudge the said A. B. to be imprisoned in the common gaol of the said district (or county, united counties, or as the case may be,) at in the said district or county of (and there to be kept at hard labor) for the space of unless the said sums and the costs and charges of conveying the said A. B. to the said common gaol, shall be sooner paid.

Given under my hand and seal, the day and year first above mentioned, at — in the district (or county, united counties, or as the case may be,) aforesaid.

CONVICTION WHEN THE PUNISHMENT IS BY IMPRISONMENT, &c. Province of Canada, District (or county, united counties, or as the case

may be) of

day of

Be it remembered, That on the in the year of our Lord in the said district (or county, united counties, or as the case may be,) A. B. is convicted before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be), for that he the said A. B. (&c., stating the offence and the time and place when and where it was committed); and I adjudge the said A. B. for his said offence to be imprisoned in the common gaol of the said district (or county, united counties, or as the case may be), in the county of (and there to be kept at hard labor) for ; and I also adjudge the said A. B. to pay to the said C. for his costs in this behalf, and if the said sum for

at

the space of D. the sum of

*

costs be not paid forthwith, (or on or before next), then I order that the said sum be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress in that behalf, * I adjudge the said A. B. to be imprisoned in the said common gaol, (and kept there at hard labor) for the space of to commence at and from the term of his imprisonment aforesaid, unless the said sum for costs shall be sooner paid.

at

Given under my hand and seal, the day and year first above mentioned, - in the district (or county, united counties, or as the case may be) J. S. [L. S.]

aforesaid.

*Or, when the issuing of a distress warrant would be ruinous to the defendant and his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks **, ", say, "inasmuch as it hath now been made to appear to me that the issuing of a warrant of distress in this behalf would be ruinous to the said A. B. and his family," (or, "that the said A. B. hath no goods or chattels whereon to levy the said sum for costs by distress") I adjudge, &c.

(K, 1) See 88. 42, 51.

ORDER FOR PAYMENT OF MONEY TO BE LEVIED BY DISTRESS, AND IN DEFAULT OF DISTRESS, IMPRISONMENT.

Province of Canada, District (or county, united counties, or as the case may be) of

at

Be it remembered, That on complaint was made before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said district (or county, united counties, or as the case may be) of for that (stating the facts entitling the complainant to the order, with the time and place when and where they occurred), and now at this day, to wit, on the parties aforesaid appear before me, the said Justice, (or, the said C. D. appears before me, the said Justice), but the said A. B. although duly called doth not appear by himself, his counsel or attor ney, and it is now satisfactorily proved to me on oath that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here on this day before me or such Justice or Justices of the Peace for the said district (or county, united counties, or as the case may be) as should now be here, to answer the said complaint, and to be further dealt with according to law); and now having heard the matter of the said complaint, I do adjudge the said A. B. to pay to the said C. D. the said sum of - forthwith, (or on or before next), (or as the statute may require,) and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith (or on or before next), then I hereby order that the same be levied by distress and sale of the goods and chattels of the said A. B.; and in default of sufficient distress in that behalf, I adjudge the said A. B. to be imprisoned in the common gaol of the said district (or county, united counties, or as the case may be) at in the said district (or county) of (and there kept to hard labor) for the space of unless the said