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.

About this Item

Title
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.
Author
Kilburne, Richard, 1605-1678.
Publication
London :: printed by the assigns of Rich. and Edw. Atkins, Esquires, for Richard Tonson within Grayes-Inn-Gate next Grayes-Inn-Lane,
1681.
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Subject terms
Forms (Law) -- Great Britain -- Early works to 1800.
Justices of the peace -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A47352.0001.001
Cite this Item
"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A47352.0001.001. University of Michigan Library Digital Collections. Accessed June 16, 2024.

Pages

Page 210

Irish Cattel.

A Warrant to seize certain Cattel, imported from Foreign parts into England.

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

Kent ss. WHereas I am given to under∣stand,* 1.1 that there are lately Imported into England, out of Ireland or some other Foreign parts, and are now remaining in your Precinct, certain Cattel and Beasts, prohibited by the late Acts of Parliament to be Imported. These are therefore (in His Majestie's name) to give you notice thereof, and to will and require you, and every of you, forthwith after sight hereof, to use your utmost diligence and endeavour to enquire, find out, and discover the same Cattel and Beasts, and the same to seize and take into your Custody, to the intent the same may be proceeded with as by the said Acts is appointed. Given un∣der my hand and seal this, &c.

Page 211

A Warrant to deliver to the Owners certain Cattel seized, as forfeited for being Imported from Foreign parts, upon proof that they were not so Imported.

To the Constables, &c. ut supra.

Kent ss. WHereas complaint hath been* 1.2 made to me, that you, or some or one of you, have or hath seized and ta∣ken into your Custody certain Cattel belong∣ing to, or late in the possession of A. B. viz. 2 Oxen, 3 Kine, 4 Heifers, 5 Yearlings, 100 Sheep, and 6 Swine as forfeited for being Imported out of Ireland into England, con∣trary to the late Acts of Parliament in that be∣half. Now forasmuch as the said A. B. within 48 hours after such seizure hath made it appear to me, by the Oath of two credible Witnesses, viz.

That the same Cattel were not Imported from Ireland aforesaid, nor any other place be∣yond the Seas contrary to the said Acts. These are therefore (in His Majestie's name) to will and require you forthwith upon sight hereof, to deliver unto the said A. B. the said Cattel, aud every of them, without delay, according to the said Acts, as you will answer the con∣trary. Given under my hand and seal, &c.

Page 212

A Warrant to kill the said Cattel.

To the Constable and Borsholders of the Hundred of A. and to every of them. If not them, To the S•…•…izor or Seizors of the Cattel, as the Case is.

Kent ss. WHereas I am given to under∣stand,* 1.3 That you, or some of you, having seized within your Precinct certain great Cattel, Sheep, and Swine, viz. (here name the Sorts and number of each Sort of the Cattel as the Case is) late belonging to or in the possession of A. B. as forfeited for being Imported out of Ireland, or some other Fo∣reign parts beyond the Seas, contrary to the late Acts of Parliament in that behalf. And that the Importer or Importers thereof have been convicted of such Importation and For∣feiture of the said Cattel, yet nevertheless you the said Seizor or Seizors by the space of six days next after such Conviction and Forfeiture, have delayed and do still delay, or neglect to cause the same Cattel to be killed, whereby the distribution thereof according to the said Act is retarded and hindred. These are there∣fore to require you immediately upon sight hereof, to cause the said Cattel to be killed, to the end the same may be forthwith distri∣buted as by the said Acts is required. And hereof you are not to fail. Given under my hand and seal, &c.

Page 213

A Warrant to levy 40 s. upon the Seizor or Church-wardens that shall fail in killing, or making distribution as aforesaid.

To the Constable and Borsholders of, &c.

Kent ss. WHereas I am given to under∣stand,* 1.4 That A. B. having seized within your Precinct certain great Cat∣tel, Sheep and Swine, viz. (here name the Cattel ut supra) lately belonging to or in the possession of C. D. as forfeited for being Im∣ported from Foreign parts beyond the Seas, contrary to the late Acts of Parliament in that behalf. And that the same are convicted and forfeited according to the same Acts, yet the said A. B. by the space of six days next after such Conviction and Forfeiture, have delayed and do still delay to cause the same Cattel and Beasts to be killed, and distribution to be made thereof according to the said Acts. Now forasmuch as Oath hath been made before me of the premisses: These are therefore (in His Majestie's name) to will and require you forth∣with after sight hereof, to levy or cause to be levied the summe of 40 s. for every one of the said great Cattel, and 10 s. for every of the said Sheep, and 10 s. for every of the said Swine which should have been killed and distri∣buted as aforesaid, in pursuance of the said Acts by Distress and Sale of the Goods and Chattels of the said A. B. rendering the said A. B. the

Page 214

over-plus, (necessary Charges of destreyning being first deducted) and in default of such Distress, to commit the said A. B. to the com∣mon Gaol of the said County, there to remain for the space of three months without Bail or Mainprise, according to the Statute in that behalf. Hereof you are not to fail. Given un∣der my hand and seal, &c.

According to these Presidents may like Warrant or Warrants be made for Fish or other Goods, prohibited by the said Acts, Mutatis mu∣tandis.

Notes

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