rant to conftables, to break open the doors of the dwelling and office houfes belonging to the faid

poinding may be proceeding in, in terms of law."

fo as the

No. XXVI.

"UPON the

Execution in cafe of deforcing.

day of

years, I

conftable, in virtue of a decreet and fentence pronounced by the juftice of peace for the county of

," [here mention the date of the decreet, parties concerned, and fums decerned for], "proceeded with two apprifers and two witneffes after mentioned, to poind the effects of the faid

defender, and having the faid warrant in my hands, and after open proclamation and public reading," [here narrate the steps of procedure, and the manner of the deforcement, then add]" and thereupon the faid pursuer, or A. B. as attorney for him (as the cafe may be) protefted, that the faid was guilty of deforcement, and fhould be liable to him, not only for payment of faid fums, but also for all damages and expences, and fhould be further liable in the pains of law. These things were fo done betwixt the hours of the day, month, and year aforesaid, in witneffes fpecially called

of

and prefence of

and

and required to the premifes."

No. XXVII.

Execution, if the Goods are claimed by a third Party.

"BUT was prevented from completing the poinding, by the appearance of who claimed (here narrate the goods claimed), and who made oath before me, that the fame were his property: In witnefs whereof, I and the witneffes have fubfcribed thefe prefents."

No. XXVIII.

Warrant for Diftrefs.

"THE juftices having confidered the complaint, &c. FIND the complaint proven (in whole or in part, as the cafe may be), THEREFORE FINE and AMERCIATE the defender in the fum of L. fterling, and grant warrant to the conftables of court, and other executors of the law, to levy from the faid C. the faid fum of fterling, and that by dif trefs and fale of his readieft goods and gear, (rendering to him the overplus, if any be), and to be applied as directed by the acts of parliament libelled on; and for that end, to make houfes, locks, and gates open and patent, and to use his majesty's keys for that effect."

day of

years, I A. B. con

as

ftable, by virtue of the juftices of the peace of the county of their warrant to levy by distress and fale, dated the day of proceeding upon a complaint at thé inftance of C. procurator fifcal of court for the public intereft, against D. refiding in paffed with the witnesses after named, to the dwelling-place of the faid D. and did afk and demand of him payment of the fum of penalty forfeited by him, as contained in faid warrant; which demand he refufed to comply with; therefore I, by virtue of faid warrant, did then, and there, after my crying three feveral oyefles, making open proclamation and public reading thereof, in his majesty's name and authority, and in name and authority of faid juftices, poinded by distress (here infert the goods) belonging to the faid D. in payment, (or pro tanto, as the cafe may be) of the fums contained in faid warrant. Thereafter I made three feveral offers back of the

faid goods to the faid D. or to any other perfon or perfons who should compear in his name, or for his behoof, and pay the faid penalty, and that they fhould have the faid goods returned; but none compearing for that effect, I carried off the fame, to be difpofed in terms of faid warrant; and this I did after the form and tenor of said warrant in all points, and I delivered to the faid D." (or his fervant, within his dwelling-house, as the cafe may be) "a just note figned by me, of what I had fo done, and which note did mention, that if he did not immediately relieve the faid goods, by payment of faid penalty, the fame would be rouped and fold for payment thereof; and which note contained the date hereof and the date of said warrant, and the witneffes names who were prefent thereat," viz. (here mention the witnesses names and defignations, who and the conftable are to sign the fame).

The faid Note should be in the following terms:

"NOTE of goods, the property of D. levied by distress by me A. B. conftable, in prefence of G. F. and I. K. witneffes, upon the day of years, in virtue of a warrant of the juftices of peace for the county of

day of

dated the years, proceeding upon the complaint of A. C. procurator of court, for the public intereft, against the faid C. viz." (here infert the goods)" which goods, if not immediately relieved by the faid A. by payment of the sum of penalty contained in faid warrant, will be rouped and fold for payment thereof, in terms of faid warrant, and the overplus, if any be, returned to the faid D. which note I now deliver to the faid D. his fervant, within his dwelling-houfe, or leave upon the lands," (as the cafe may be). "This I do in prefence of faid witneffes,

A. B. Constable."

Vol. II.

b

No. XXX.

Form of a Petition for Lawburrows.

"THAT the petitioner has just cause to dread harm to himself, family, and effects, from he having threatened to maltreat the petitioner," (or as the cafe may be)," as to which the petitioner is ready to make oath.

May it therefore please your honours, to take the peti-
tioner's oath on the facts above stated, and thereafter
to grant warrant to your conftables, to search for,
feize, and apprehend, the perfon of the faid
complained upon, and to commit him prifoner within
the tolbooth of
therein to remain, ay and
until he finds fufficient caution in lawburrows acted
in the juftice of peace court-books, that he shall harm-
less and fkaithless keep the petitioner, his family and
effects, in time coming, under fuch penalty as your
honours shall be pleafed to modify.

According to justice," &c.

No. XXXI.

Oath.

Place and Date." COMPEARED the petitioner; who being folemnly fworn, depones, that he dreads bodily harm, injury, and oppreffion, from the within-defigned And this is truth, as he shall answer to God."

:

No. XXXII.

Interlocutor.

"THE juftice having confidered the petition, and above. oath, grants warrant to the constables of court, to intimate the faid petition, deliverance thereon, oath above emitted, and this interlocutor, to the faid complained upon;

and ordains him, within 48 hours after intimation, to find fufficient caution acted in the juftice of peace court-books of that he shall keep the above petitioner, his wife, bairns, and haill dependents, harmless and fkaithless in their bodies, lands, and goods, in all time coming, under the penalty of fterling; and failing of his doing so, and the fame being certified by the clerk of court, grants warrant to conftables to feek, fearch for, feize and apprehend, the person of the within-defigned

prifoner to the tolbooth of

and commit him therein to remain, ay

and until he finds fuch caution; requiring the magiftrates thereof, and keepers of their jail, to receive, detain, and liberate him accordingly."

No. XXXIII.
Bond.

for C. D.

"I A. B. as cautioner and furety acted in the justice of peace court books of the county of bind and oblige myself, my heirs, executors, and fucceffors, that C. D. fhall harmless and fkaithless keep E. F. his wife, bairns, and haill dependents, in their bodies, lands, and goods, and good name and reputation in all time coming, and that under the penalty of fterling, agreeable to a sentence of lawburrows pronounced upon the day of by A. B. one of his majesty's juftices of peace of the faid county; and I confent to the registration hereof in the faid juftice of peace court books, that all diligence neceffary may pafs hereon in form as effeirs; and for that effect I conftitute my procurators," &c. &c.