Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.

Constables Charges.

A Warrant for making of Constables.

THese are (in His Majestie's name) to charge and command you to make your* 1.1 repair unto us, or to some other Justice of Peace of this County, to take the Oath of a Constable to serve His Majesty within the Town of A. (* 1.2 according to the Choice made of you by the Jury at the last Leet holden in your Town) And hereof fail not. Dated, &c.

Or thus,

To A. B. C. D. and E. F. &c. Inhabitants of C. &c.

WHere•…•…s A. B. of your Town of C. the now Constable thereof, is by rea∣son of his Age and Impotency very unable and insufficient to execute the said Place: These are (in His Majestie's name) to charge and

command you, whose names are hereabove written, to come and appear before me at my house at H. to morrow being Thursday by eight a Clock in the morning, that I may make Choice of one of you to be sworn to undertake the said Office. And hereof fail not, &c.

A Warrant for a Tax for the Consta∣ble's Charges in the Execution of his Office.

Kent ss. FOr as much as we are informed* 1.3 by A. B. Constable of the Hun∣dred of D. in the County aforesaid, That he hath necessarily disbursed (for and on the be∣half of the Inhabitants of the said Hundred, in the Execution of his said Office in and about the Service of His Majesty) several summs of money, and (for his Reimbursement of the same) hath craved from us such assistance as hath been in such cases accustomed: These are therefore (in His Majestie's name) to require and authorize you the Inhabitants of the Hundred aforesaid, whose names are here∣under written, or the greater number of you, to take and examine the Accompt of the said Constable touching the premisses; and for his Reimbursement of such money (as you or the greater number of you shall find upon the said Accompt to have been by him so necessarily disbursed as aforesaid,) that you or the greater number of you do forthwith make a Tax or Assessment of and upon all and every the In∣habitants of the said Hundred, in such manner as hath formerly in such cases been accustomed within the same; and to authorize you, the

said Constable, to demand, collect, and gather the said money so taxed and assessed; and in case of refusal of payment thereof unto you, that then you do return unto us, (or some other of His Majestie's Justices of the Peace of the said County) the names of the persons so refu∣sing, to the end that they may be farther pro∣ceeded against for the same as to Justice doth appertain. Hereof fail not, &c. Given un∣der our hands and seals at, &c. the, &c.

To A. B. C. D. E. F. G. H. I. K. L. M. and N. O.

To appear and shew cause for their not paying the said Charges.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them.

Kent ss. These are (in His Majestie's name)* 1.4 to command you, that you, some or one of you, do cause the several per∣sons whose names are hereunder written to come before some or one of us at the house of T. N. Inn-holder at the George Inn, &c. in the •…•…aid County the fifth day of Iune next ensuing, at nine of the clock in the forenoon of the same day, to shew cause why they did not pay unto A. B. late Constable of the said Hundred, the several summs of money hereunder mentioned, added to their several names, and severally as∣sessed upon them, for and towards his Reim∣bursement of moneys by him necessarily laid out, (for and upon the behalf of the Inhabitants of the said Hundred in the Execution of his said Office in and about the Service of His Majesty)

and farther to doe and receive as to Justice doth appertain. Hereof fail not at your pe∣rils. Given under our hands and seals at H. the first day of Iune 1679, &c.

A. B. xij. d. C. D. vi. d.

For refusing to appear to shew Cause for not paying the said Charges.

To the Constable and Borsholders of, &c.

Kent ss. FOrasmuch as the several persons* 1.5 here-under named were (by vir∣tue of a Warrant to you directed under the hands and seals of us A. B. &c. His Majestie's Ju∣stices of the Peace of the County aforesaid) war∣ned to come before us, or some of us, this pre∣sent day, &c. in the said County, to shew cause why they did not pay unto A. B. late Constable of the said Hundred, the several summs of money hereunder mentioned, (added to their several names, and severally assessed upon them, towards his Reimbursment for his necessary Disbursements for and on the behalf of the Inhabitants of the said Hundred, in the Exe∣cution of his said Office in and about the Ser∣vice of His Majesty) yet the aforesaid persons have refused so to come, or to pay the moneys aforesaid: These are therefore (in His Ma∣jestie's name) to command you, that you, some or one of you, do bring the aforesaid persons before us, or one of us, and other His Majestie's Justices of the Peace of the said Coun∣ty, at the house of, &c. in, &c. upon Monday the fifth day of May, at nine of the clock in the forenoon of the same, to shew cause why

they do not pay they said moneys, and farther to doe and receive as to Justice doth appertain, (unless they shall pay the moneys aforesaid.) Hereof fail not at your perils. Given under our hands and seals at, &c.

To levy the Charges upon their re∣fusing to pay the same.

To the Constable of the Hundred of A. in the said County.

Kent ss. FOrasmuch as (upon your Com∣plaint)* 1.6 it appeareth unto us, That the several persons hereunder named have refused to pay unto you the several summs hereunder specified, and severally added to their several names, assessed on them (accord∣ing to the form of the Statute lately made) towards your Reimbursement of such moneys as you have disbursed in and about the Execu∣tion of your said Office, (according to the Sta∣tute aforesaid:) These are therefore to re∣quire and authorize you, to levey the said se∣veral and respective summs so assessed upon the said respective persons so refusing to pay the same, (rendring the overplus to the owners, if any shall be.) Given under our hands and seals the, &c.

• A. B. 11 s.
• C. D. 13 s. &c.

A Condition of a Recognizance to appear and answer the not paying the same at next Sessions.

THe Condition of this Recognizance is* 1.7 such, That whereas the within bound C. D. hath refused to pay to A. B. late Consta∣ble of the Hundred of D. in the within named County of K. assessed upon him the said C. D. (for and towards the Reimbursement of the said late Constable of moneys by him necessarily laid out for and on the behalf of the Inhabitants of the said Hundred, in Execution of his said Office in and about the Service of His Majesty:) If therefore the said C. D. do personally ap∣pear before his Majestie's Justices assigned to keep the Peace in the said County at the next general Sessions of the Peace to be holden for the said County at T. in the County aforesaid, to doe and receive what by the said Court shall be enjoyned touching the premisses; That then this Recognizance shall be void, or else it shall stand in full force.

A Warrant for levying 3 s. 4 d. upon a Constable for neglect of his Du∣ty, in giving an account of Rogues, Vagabonds, &c.

To the chief Constables of A. and to the under Constables of H. and to their Deputies greeting.

Kent ss. FOrasmuch as at our Assembly at* 1.8 A. the second day of Iune last,

for the adjusting the accounts of the under Constable, according to a Statute made in the reign of King Iames touching Rogues and Wanderers, A. B. of H. aforesaid, was fined at 3 s. 4 d. for being negligent in his Office, and refusing to make such account as by the said Statute is appointed: These are there∣fore (in His Majestie's name) to will and re∣quire you, that some or one of you, do forthwith upon the receipt hereof demand of the said T. C. the said Fine, and if he shall re∣fuse or neglect to pay the same unto you with∣in three days, that then you do immediately levy the said 3 s. 4. d. by Distress and Sale of his Goods and Chattels, rendring unto him the overplus thereof, if any such shall remain. And lastly, that one of you the chief Constables do pay the same unto the now Treasurer of the Marshalsey, at or before the next Quarter Sessions of the Peace to be holden at B. for these parts, and this shall be your sufficient Warrant in that behalf. Given under our hands, &c.

A Warrant to sell the Goods of an Offender that refuseth to bear his own Charges to the Gaol.

To the Constable and Borsholders of the Hundred of A. and to every of them.

Kent ss. FOrasmuch as Complaint hath* 1.9 been made unto me by the Pa∣rishioners of C. in the said County, That whereas A. B. being apprehended in the said Parish upon suspicion of Felony, and by my Warrant for that cause sent from thence to His

Majestie's Gaol for the said County at Maid∣stone in the County aforesaid, the charges of the said Parishioners in conveying and guard∣ing him to the said Gaol did amount to ten shillings, and the said A. B. hath refused to bear the same; And forasmuch as I am credi∣bly informed that the said A. B. hath Goods and Chattels within the Parish of D. in the County aforesaid sufficient to defray the said Charges: These are therefore (in His Ma∣jestie's name) to command you, and every of you, to seize so much of the said Goods and Chattels as shall be sufficient to defray the Charges aforesaid, and to cause Apprisement to be made thereof by four of the honest Inhabi∣tants of the said Parish of D. where the Goods are; And that you do after the said Apprise∣ment sell the said Goods, and that out of the moneys arising of the said Sale you do pay over unto the Parishioners of A. aforesaid the aforesaid ten shillings, delivering unto the said A. B. the overplus arising of the said Sale. Hereof fail not at your perils. Given under my hand and seal at, &c.

A Warrant to make a Tax for con∣veying a Felon to the Gaol.

To the Church-wardens and other substantial In∣habitants of the Parish of A. within the Hun∣dred of B. in the said County Greeting.

Kent ss. FOrasmuch as A. B. Constable of the Hundred aforesaid hath made Complaint unto us that you refuse to make a Tax or Scot in the said Parish, for conveying of C. D. of, &c. lately attached for Felony in the said Parish to the Gaol, not having of his own to bear his Charges thither: These are therefore (in His Majestie's name) to will and command you forthwith to make a Tax or Scot for the discharge of such moneys as the said Complainant hath been at in the pre∣misses, or to come before us or some of us, at the house of, &c. (sale die.) And then and there to shew cause why you do not so do. Hereof fail not &c.

Notes

• * 1.1

  2 Iustices.
• * 1.2

  If not cho∣sen at the Leet this Clause is to be omitted.
• * 1.3

  I conceive that it is fit to have 2 Iustices, and one of them of the Quorum. Dalt. 165.
• * 1.4

  I think 2 Iustices best, Quo∣rum 1.
• * 1.5

  Best 2 Iu∣stices, Quo∣rum unus.
• * 1.6

  14 Car. 2. 2 Iustices.
• * 1.7

  See Title Recogni∣zances.
• * 1.8

  7 Iac. c. 4.
• * 1.9

  3 Iac. 10. 1 Iustice. He that committed him. For any of∣fence or misdemea∣nour. Must bear the charges of himself and of those appointed to guard him thither; or that shall so guard him thither. If the Of∣fender be unable to bear his Charges the Parish∣oners must do it.