Изображения страниц
PDF
EPUB

vice [or coasting trade, as it may be], as a seaman [sailor, mariner, or as the case may be], on board the ship

of

aforesaid, for the term of

as it may be] for the wages of

it may be]; and that he the said

months [or

a month [or as hath duly per

formed the said service for the term of two months, when he was discharged from the said ship by the said in the said county of

[or as it may be] at

the said ship now lies, and that he the said

[ocr errors]

where

doth refuse

to pay to him the said the wages justly due unto him for

aforesaid, that he the said

to ap

the said service; and whereas the said having appeared before me in pursuance of my summons for that purpose, hath not proved to me that the said wages justly due unto the said as aforesaid, have been duly paid unto him the said nor hath shewed to me any just cause why the said wages should not be paid, and hath not paid the same: [or, whereas it appears to me, upon the oath of constable of by virtue of my summons to him directed did duly summon the said pear before me at a certain time and place therein specified, to shew cause why the said wages should not be paid; and the said hath neglected to appear according to the said summons, and hath not shewed any cause why the said wages should not be paid, and hath not paid the same,] I therefore having duly examined into the truth and matter of the said complaint, by the oath of the said and of the witnesses produced by him the said respectively [or as the case may be], and upon due consideration had thereof, do hereby adjudge, determine, and order, that he the said

the sum of*

[ocr errors]

upon

due notice thereof, do pay or cause to be paid to him the said which appears to me to be just and reasonable, to be paid by him the said

to him the said

in the

as and for his wages so due unto him as aforesaid.

Given under my hand and seal the

day of

year of our Lord one thousand eight hundred and

*This must not exceed 201. (59 Geo. 3. c. 58. s. 1.). A separate order for costs should be made according to the form, No. 214. title COSTS, antę, and served at the same time. See note in p. 426.

[blocks in formation]

in the county of,

ma

esquire, one of his

day of

in the year of our Lord one

[ocr errors]

he was hired by

riner, has complained unto me

majesty's justices of the peace in and for the county of

that on the

thousand eight hundred and in the county of

of

aforesaid, mariner, to

of serve him in the merchant service [or coasting trade, as it may be ;] as a seaman, [sailor, mariner, or as it may be] on board the ship aforesaid, for the term of for the wages of a month, [or as it may be,] that he the hath duly performed the said service for the term and that the said has refused to pay unto him the wages justly due unto him for such service in the said ship so done and performed by him the said

said

of

the said

[ocr errors]

And whereas the said

for him the said having appeared before me in pursuance of my summons for that purpose, has not proved to me that the wages justly due unto the said as aforesaid, have been paid to him the said nor has shewed any just cause why the same should not be paid, and has not paid the same; [or, and whereas the said

has

has been duly summoned by me to shew cause why the said wages should not be paid; but he the said neglected to appear according to the said summons, and has not shewed any cause why the said wages should not be paid, and has not paid the same] I therefore, the said justice, upon due examination and consideration had thereof, on the

day of now last past, by writing under my hand and seal, did thereupon adjudge, determine, and order, that he the said upon due notice thereof, should pay, or cause to be the sum of

paid to him the said which appeared to me to be just and reasonable to be paid by him the

to him the said

as and for his

said wages so due unto him as aforesaid; and whereas it appears to me that the

* But not to be issued till two days after the service of the order. 59 Geo.3. c. 58.

said

on the said

day of

now last past, had due notice of my said order, and that due demand of the was then made of him the said in the said county of

said sum of

him the said

at

by

in which port the said ship now lies; but that he the said did not then pay nor has yet paid the same nor any part thereof: These are therefore to command you to make distress of the goods and chattels of the said or other person having or taking the charge or command of the said ship or vessel called the ; and if within the space of days next after such distress by you made, the said sum of together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by the sale thereof, that you pay the said sum of unto him the said , rendering the overplus (if any there be) after deducting all costs,* charges, and expenses of any summonses, informations, complaints, hearings, warrants, and of such distress, and the keeping, appraisement, or sale thereof, or otherwise relating thereto, unto the person or persons whose goods and chattels shall be so distrained and sold. And in case sufficient distress shall not be found for payment and satisfaction of wages so ordered to be paid, and the same with such costs, charges, and expenses as aforesaid, shall not be paid, that then you do certify the same to me, together with the return of this warrant. Given under my hand and seal the in the year of

day of

our Lord one thousand eight hundred and

Ivo. 5. Warrant of Distress for the same on the Ship, &c. in case other sufficient distress is not found, &c. under 59 Geo. 3. c. 58.

[blocks in formation]

in the county of

Whereas

mariner, has complained unto me, W, R., esquire, one of his

An order for costs, according to the 18 Geo. 3. c. 19. should be made by the magistrate at the time of issuing the order for payment of the wages, and this according to the form, No. 214. title Costs, ante. This appears to be the safest way of proceeding, and the constable will then see clearly what he has to levy.

that on the

majesty's justices of the peace in and for the county of

one thousand eight hundred and

of

[ocr errors]

day of

in the county of

in the

[ocr errors]
[ocr errors]

of our Lord year he was hired by

aforesaid, mariner, to

serve him in the merchant [or coasting trade, or as it may be] as a seaman, [sailor, mariner, or as it may be,] on board the ship aforesaid, for the term of for the wages of

the said

of

the said

[ocr errors]

of

[ocr errors]

a month, [or as the case may be,] that he hath duly performed the said service for the term and that the said has refused to pay unto him, the wages justly due unto him for such service in the said ship so done and performed by him the said for him the said And whereas the said having appeared before me in pursuance of my summons for that purpose, has not proved to me that the wages justly due unto the said as aforesaid, have been paid to him the said nor has shewed any just cause why the same should not be paid, and has not paid the same; [or, and whereas the said

[ocr errors]

has been duly summoned by me to shew cause why the said wages should not be paid; but he the said has neglected to appear according to the said summons, and has not shewed any cause why the said wages should not be paid, and has not paid the same:] I therefore, the said justice, upon due examination and consideration had hereof, on the

[merged small][ocr errors]

now last past, by written under my hand and seal, did thereupon adjudge, determine, and order, that he the said upon due notice thereof, should pay, or cause to be paid unto him the said the sum of which appeared to me to be just and reasonable to be paid by him the said to him the said as and for his wages so due unto him as aforesaid; and whereas it appears to me that the said on the said now last past had due notice of the said order, and that due demand of the said was then made of him the said at

sum of

in the said county of

day of

lies; but that he the said

in which port the said ship now did not then pay, nor has yet

paid the same, nor any part thereof. And whereas on the

day of

[set out the date of the foregoing

warrant of distress in words at length,] I the said justice did issue my warrant to the constable of

distress of the goods and chattels of the said

to make

or other

person having or taking the charge or command of the said ship or vessel called the

[ocr errors][merged small]
[ocr errors]

has used his on the goods

as aforesaid, and other person

and pay the same according to the directions of the statute. And whereas it duly appears unto me the said justice, as well upon the oath of the said constable of as otherwise, that he the said constable of best endeavours to levy the said sum of and chattels of the said having or taking the charge or command of the said ship or vessel called the but that no sufficient distress can be so found whereon to levy the same: These are therefore to command you to levy the amount of the wages so ordered to be paid, together with the costs, charges, and expences of the summonses, informations, complaints, hearings, and warrants of distress respecting the same, on the said ship or vessel, for the service on board which such wages have been and are so ordered to be paid, or on any of the tackle, furniture, or apparel thereof; and if within the space of days next after such distress by you made, the said sum for wages so ordered to be paid, and the said costs, charges, and expences as aforesaid, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said ship, tackle, furniture, or apparel thereof, so by you distrained, and out of the money arising by such sale, that you pay the said amount of the wages so ordered to be paid, together with the costs, charges, and expenses of the summonses, informations, complaints, hearings, and warrants of distress respecting the same, unto him the said rendering the overplus thereof (if any) upon demand, unto the master, or commander, or owner thereof, the reasonable charges of taking, keeping, and selling the said distress, being thereout first deducted. Given under my hand and seal the

day of

in the year of our Lord one thousand eight hundred

and

SEARCH WARRANT.

No. 1. Information to obtain a Search Warrant for Stolen

Goods.

County of

Be it remembered, that this

to wit.

day of

in the year of our Lord one thousand eight hundred and twenty

of

« ПредыдущаяПродолжить »