No. X.

Short Copy of Citation.

"ÍA. B. conftable, warn and charge you

to be held at

to ap

pear before a meeting of the justices of peace for the district of upon the day of next to come, to answer in the complaint, or claim," (as the cafe may be), "at the inftance of C. D. against you. This I do upon the

day of

A. B. Conftable."

No. XI.

the

Short Copy of Citation to be given to each of the Witnesses.

day of

to ap

"I A. B. conftable, warn and charge you pear before a justice of peace court, to be holden at next to come, to bear leal and foothfaft witneffing, in fo far as you know, or fhall be afked at you, anent the complaint, or claim" (as the cafe may be) "at the inftance of A. B. against C. D." And in case he fhall have any writings in his cuftody to be called for, the citation fhould specify the fame as follows: "Bringing with you, and producing before the forefaid court, all writings in your cuftody relative to the faid claim, or complaint; with certification. This I do this

day of

years."

No. XII.

Execution to be returned, fubjoined to the Complaint or Claim.

day of

years, defender, per

"I A. B. conftable, upon the warned and charged the above fonally apprehended, (or by leaving a fhort copy of citation with his wife or fervant, within his dwelling-house, in order to be given him, because I could not apprehend him perfonally; or by leaving the fame in the lock-hole of the moft patent dour of his dwelling-houte, after my giving

fix feveral audible knocks thereat, as ufe is, because I could neither get access to the houfe, nor find himself perfonally apprehended, as the cafe may be), to appear before a juftice of peace meeting, to be holden at

the

day of

next to come, to answer in the above claim, or complaint," (as the cafe may be), "with certification.

(Signed)

day of

Conftable."

IF witneffes are cited, the execution will bear, " And I alfo upon the lawfully warned and charged to appear before the faid meeting of jultices, day and place forefaid, in order to bear leal and foothfaft witneffing in the above complaint, or claim, and that by delivering each of them a fhort copy of citation to that ef fect, perfonally apprehended," (or as the cafe may be).

WHEN any party chooses to prefent a petition to the juf tices, it may be done in the following terms:

No. XIII.

Form of a Petition under the A& 1621, relating to Servants refusing to engage.

"Unto the Honourable the Juftices of Peace of the County of or any two or more of their number, The Petition of A. B.

Humbly fheweth,

THAT the petitioner who poffeffes the farm of is not in a condition to carry on his labouring, without the aid of fervants, and having made application to fundries to engage with him, and particularly to C. D. who has at prefent no fettled mafter or employment, he refused to engage with the petitioner, although he offered him the fum of being the regulated wages allowed by the quarter feffion to fuch fervants; and therefore it becomes neceffary for the petitioner to make the following application to your

honours:

"May it therefore please your honours, to ordain this petition and your deliverance, to be ferved upon the

time

faid C. D. and to grant warrant to conftables, to bring him before you for examination; and upon the facts above stated being admitted or proven, to decern and ordain the faid C. D. to ferve the petitioner during the terms aforefaid; and failing thereof, to grant warrant to imprison him within the county jail, ay and until he finds fufficient caution acted in your honours court books, that he shall ferve the petitioner as aforefaid."

Or thus:

"THAT C. D. having ferved the petitioner, in order to carry on husbandry from the term of Martinmas laft, and the petitioner having applied to him, to renew his engagement from the term of Whitfunday next, to the term of Martinmas following, the faid C. D. refused to renew his engagement; neither, fo far as the petitioner knows, is he engaged with any other mafter, to carry on hufbandry, but means to throw himself idle during the fummer and harveft, in order that he may get employment in bye-jobs in the country, or intends to go out of the country during the feason, when his fervice might be of the greateft ufe in it. That fuch practices are most pernicious to husbandry, and will in put it out of the power of tenants to carry on their labouring. That by the act of parliament 1621, c. 21, it is ordained, for the reafons therein mentioned, that it fhall not be lawful for any hired fervant from Martinmas to Whitfunday, to leave his mafter at the faid term of Whitsunday, and to run loofe in that fervice, except he be able to verify to the juftice of peace, or conftable of the bounds, that he is hired unto another mafter from the faid term of Whitfunday to Martinmas thereafter; and if it be found that he is not hired to another mafter, then, and in that cafe, it is declared, that it fhall be lawful unto his prefent master, to keep and detain him from the faid term of Whitfunday unto Martinmas, for payment to him of fuch wages as he paid to him before; and if he refufe to ferve, that the juftice of peace fhall have power to compel him thereunto: And if the faid fervant, of the quality forefaid, break loofe from his mafter, it fhall be lawful for his master to take and apprehend him, wherefoever he findeth him, and prefent him unto

the constable or justice of peace, upon the ground where he fhall be found, who fhall have power to compel the fervant to return unto his former mafter, if it be found that he be mafterlefs, and none otherwise.

"May it therefore please your honours, to grant warrant, &c. and upon the facts above stated being either admitted or proven, to decern and ordain the said C.D. to remain in the petitioner's fervice, at the wages of L. being that paid him for the last half year; and failing of his complying, to commit him to the gaol of the county, ay and until he finds caution, &c."

No. XIV.

Deliverance thereon.

Place and date." The juftice having confidered this petition, grants warrant to conftables, to bring the faid C. D. complained upon, before me for examination." Or may grant warrant for ferving the petition and deliverance upon the faid C. D. complained upon, and ordain him to appear at the next meeting of juftices; and may also grant warrant for citing witneffes on both fides to be examined in the matter."

No. XV.

Form of a Decree upon a Complaint.

Place and date.-" THE juftices having confidered the complaint by A. B. againft C. D. with the execution thereof, and proof adduced, or admiffion of the defender, (as the cafe may be), find the complaint proven, and decern the defender to pay to A. B. the private complainer, the fum

in name of damages, and the fum of of expences of procefs. And decern and ordain him to pay the faid fum within eight days from this date; and failing of his

doing fo, grant warrant for imprifoning him in the county gaol, ay and until he makes payment of the fums above mentioned; and grant warrant for inftant execution by arreftment, and for poinding, upon a charge of fifteen days, after the fame is duly expired, and decern."

If the action is at the inftance of the procurator fifcal, the decreet will run, "Fine and amerciate C. D. the defender, in the fum of payable to the procurator fifcal of court, for the public intereft, and expences, &c."

If the juftices think it neceffary to bind the defender to keep the peace, they fhall farther "decern and ordain him [within a certain space] to find fufficient caution, acted in the juftice of peace court-books, to keep the peace for the fpace of under the penalty of and grant

warrant to imprison him till he find such caution."

No. XVI.

Decree upon a Claim.

"THE juftices having confidered the claim, answers, and proof adduced, or admiffion of the defender, find the claim inftructed, and decern the defender to pay to the claimant, the fum of in name of expences, and grant warrant for arrestment and poinding," as above mentioned.

and

No. XVII.

Appeal.

day of

"I A. B. confidering myfelf aggrieved by a judgment pronounced upon the by A. B. and C. D. two of his majesty's juftices of peace for the county of

in the action pursued at the instance of F. G. [or as the cafe may be] against me, in manner fet forth in the complaint or action, [as the cafe may be], whereby the faid juftices pronounced the following fentence, [here take down