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.

Wood.

A Warrant against one that stole Wood, &c.

To the Constable and Borsholders of T. &c.

K. ss. FOrasmuch as it appeareth unto me* 1.1 by the confession of A. B. of your said Town of T. That he the said A. B. hath late∣ly unlawfully cut down certain Sticks of Wood within your said Parish belonging to E. F. of your said Town, Gent. contrary to the form of the Statute in that case made and provided. And whereas it further appeareth unto me upon Oath, that the said Sticks of Wood were worth to be sold five shillings. These are therefore (in His Majestie's name) straitly to charge and command you, and every of you, that in case the said A. B. do not forthwith pay unto the said E. F. the said summ of five shillings, that then you do immediately cause the said A. B. to be publickly whipped about the said Town of T. Hereof fail not at your perils. Given under, &c.

To make a general Warrant to search for stoln Wood, &c.

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

K. ss. FOrasmuch as it is observed in these* 1.2 parts of the said County, That Woods, Underwoods, Poles, Young-trees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Rails, Hedge-wood, Broom, and Furze, are unlawfully cut, stoln, spoiled and taken away from the lawfull Owners of the same, (contrary to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Un∣der-wood, and destroyers of young Timber-trees:) These are therefore (in His Majestie's name) to charge and command you, and every of you, that you do (with all convenient speed) enter into and search the Houses, Out-houses, Yards, Gardens, or other places belonging to the houses, (within the said Hundred,) of all and every person or persons which you shall suspect to have any kind of such Wood, Un∣der-wood, Poles, or Young-trees, or Bark or Bast of any Trees; or any such Gates, Stiles, Posts, Pales, Rails, or Hedge-wood, Broom, or Furze: And wheresoever you shall find any such, to apprehend or cause to be apprehended all and every person and persons suspected for the cutting or taking of the same, and them and every of them, in whose houses or other

places belonging to them, any such Wood, Under-wood, Poles, or young Trees, or Bark or Bast of any Trees; or any Gates, Stiles, Posts, Pales, Rails, or Hedge-wood, Broom, or Furze shall be found, to bring before me or some other of His Majestie's Justices of the Peace for the said County, to be proceeded against as by the said Act is directed. Hereof fail not, &c.

A Warrant to search for stoln Wood, &c. upon a particular Complaint.

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

Kent ss. FOrasmuch as Complaint hath been* 1.3 made unto me by A. B. That a 1.4 were within five days now last past ta∣ken out of his Lands in L. in the said County, and hath prayed such relief from me therein, as by an Act of Parliament in such cases lately made I am authorized to give. These are therefore (in His Majestie's name) to will and command you, and every of you, that you, some or one of you, do enter into and search the Houses, Out-houses, Yards, Gardens, or other places belonging to the houses within the said Hundred, of all and every person or persons which you shall suspect to have any of the said a 1.5 And wheresoever you shall find any such, to apprehend or cause to be appre∣hended, all and every person or persons sus∣pected for the cutting and taking of the same; And them, and every of them, as also those

in whose houses or other places belonging to them, any such a 1.6 shall be found, to bring before me or some other of His Majestie's Ju∣stices of the Peace of the said County, to be proceeded against as by the said Act is directed. Hereof fail not at your perils. Given under my hand and seal the, &c.* 1.7

An Order against a person apprehended with Bundles, &c. of Wood, &c. to make satisfaction, &c. for the same to the Owner. The first Offence.

Kent ss. FOrasmuch as A. B. of C. was within five days last past appre∣hended by a 1.8 having a Bundle of b 1.9 and this day brought before me to give ac∣count how he came by the said b 1.10 by the consent of the Owner (according to an Act of Parllam t•…•… lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and de∣stroying of young Timber-trees:) And for that he did not give such account thereof as did sa∣tisfie me, nor produce the party of whom he bought the same, or any other credible Wit∣ness to depose upon Oath such Sale thereof, whereby he is (according to the said Act) by me deemed and adjudged as convict of the Of∣fence of cutting and spoiling of the said b 1.11 within the meaning of another Act of Parlia∣ment, which was made in the third and fourth year of the Reign of the late Queen Elizabeth, (intituled, An Act to avoid and prevent Misde∣meanours in idle and lewd persons:) And foras∣much as it appeareth unto me, That C. D. of, &c. was lawfull Owner of the said b 1.12 I do

therefore (according to the said first before mentioned Act) order and appoint, That the said A. B. shall within six days now next en∣suing, give the said C. D. of lawfull money of England for recompence and satisfaction for his damages, and that the said A. B. shall (over and above) pay down presently unto the Over∣seers for the use of the Poor of the Parish of T. in the said County (whe•…•…e the said Offence was committed) c 1.13 of lawfull money. Given un∣der my hand and seal the, &c.

For not obeying that Order.

To the Constable and Borsholders o•…•… the Hundred of A. in the said County, and to e•…•…ery of them, and to the Keeper of the House of Correction for the said County at B. in the Cou•…•… afore∣said.

K. ss. WHereas A. B. of C. within eight* 1.14 days last past, was apprehen∣ded by * 1.15 having a Bundle of * 1.16 and lately brought before me to give account how he came by the said * 1.17 by the consent of the Owner, (according to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and destroyers of young Timber∣trees:) And for that he did not give such ac∣count thereof as did satisfie me, nor did pro∣duce the party of whom he bought the same, or any other credible Witness to depose upon Oath such Sale thereof, whereby he was then

(according to the said Act) by me deemed and adjudged as convict of the Offence of cut∣ting and spoiling of the said * 1.18 within the meaning of one other Act of Parlia∣ment, which was made in the third and fourth year of the Reign of the late Queen Eliz. (in∣tituled, An Act to avoid and prevent divers Mis∣demeanours in idle and lewd persons:) And whereas it then appeared unto me, That C. D. of, &c. was Owner of the said * 1.19 and I did therefore (according to the said first before mentioned Act) order and appoint that the said A. B. should within six days then next ensuing, give the said C. D. &c. o•…•… lawfull money of England, for recompence and satis∣faction for his damages: And that the said A. B. should (over and above) pay down then presently to the Overseers for the use of the Poor of the Parish of T. in the said County, (where the said Offence was committed,) & •…•…. * 1.20 of like money: And foras∣much as the said A. B. did not (according to the said order and appointment) give or pay the moneys aforesaid: These are therefore (in His Majestie's name) to charge and command you, the said Constable and Borsholders, and every of you, forthwith to convey the said A. B. to the aforesaid House of Correction, and him there deliver to the Keeper of the same, (together with this Precept.) Commanding also you the said Keeper, •…•…o receive him into the said House, and him there detain by the space of d 1.21 days next after such your receipt of him. Hereof fail not at your perils. Given under my hand a•…•…d seal the, &c.

Note, The Iustice may (if he think fit) not send the Offender to the House of Correction, but

may make a Warrant to the Constable, &c. to whip him, which may be made with the same recitals as in the last precedent War∣rant, till you come to these words, These are therefore, &c. And then say thus.

These are therefore (in His Majestie's name) to charge and command you to whip the said A. B. for the said Offence. Hereof fail not, &c.

Note, This is onely for the first Offence.

Now for the second Offence, thus.

A Mittimus to the House of Correc∣tion for the second like Offence.

To the Constable and Borsholders▪ of the Hundred of A. in the said County, and to every of them, and to the Keeper of the House of Correction for the said County aforesaid at B. in the County aforesaid.

Kent ss. WHereas, &c. As in the former* 1.22 Warrant, till you come to these words, And whereas it then appeared, &c. In∣stead of which you go on thus, And forasmuch as the said A. B. was once before convict of the said Offence, and was thereof so convicted as before: These are therefore (in His Majestie's name) to charge and command you, the said Constable and Borsholders, to convey the said A. B. to the aforesaid House of Correction, and there deliver him to the Keeper of the same, (together with this Precept.) Commanding

also you, the said Keeper, to receive him into the said House, and there keep him one month to hard labour. Hereof fail not at your perils. Given under my hand and seal the, &c.

An Order against the Buyer of stoln Wood, &c. to pay treble the va∣lue thereof.

Kent ss. FOrasmuch as upon examination* 1.23 by me this day, (according to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or stealing, or spoiling of Wood and Under-wood, and destroyers of young Timber-trees:) it appeared unto me, That A. B. of, &c. did within six days last past buy a 1.24 of E. F. (being a per∣son justly suspected to have unlawfully come by the same, and that the same was unlawfully come by, and unlawfully taken from C. D. of, &c. and was of the value of, &c. of law∣full money of England:) I do therefore (ac∣cording to the said Act) award that the said A. B. shall pay to the said C. D. &c. of lawfull money of England, (being the treble value of the * 1.25 Given under my hand and seal the, &c.

A Warrant to distrain for non-pay∣ment of the Money according to the foregoing Order.

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

K. ss. WHereas lately by examination by me taken (according to an Act of Parliament lately made, intituled, An Act for the punishment of unlawfull cutting, or* 1.26 stealing, or spoiling of Wood and Under-wood, and destroyers of young Timber-trees:) it appeareth unto me, That A. B. of, &c. did (within, &c. days last past) buy * 1.27 of E. F. being a person justly suspected to have unlaw∣fully come by the same, and that the same was unlawfully come by, and unlawfully taken from C. D. of, &c. and was of the value of, &c. of lawfull money of England: I did therefore (ac∣cording to the said Act) award that the said A. B. should pay to the said C. D. &c. of law∣full money of England, (being the treble value of the * 1.28 And forasmuch as the said A. B. hath not paid to the said C. D. the aforesaid, &c. (according to my said award:) These are therefore (in His Majestie's name) to charge and command you to levy the •…•…aid, &c. by Distress and Sale of the Goods of the said A. B. (rendring to him the over-plus) and after you have so levied the said, &c. forthwith to pay the same to the said C. D. Hereof fail not at your perils. Given under my ha•…•…d and seal the, &c.

A Mittimus against the Buyer of stoln Wood, &c. for want of Distress.

To the Constable and Borsholders of the Hundred of A. in the said County, and to every of them, and to the Keeper of His Majestie's Gaol for the County aforesaid at T. in the said County.

Kent ss. WHereas lately, &c. (as in* 1.29 the last before mentioned Warrant, till you come to the words [Hereof fail not, &c.] then go on thus.) And forasmuch as you the said Constable have returned unto me, That in default of such Distress you cannot levy the aforesaid summ of, &c. These are therefore (in His Majestie's name) to charge and command you the said Constable and Bor∣sholders, and every of you, to attach the said A. B. and him safely convey to His Majestie's Gaol aforesaid, at his own charge, and there deliver him to the Keeper of the same, (toge∣ther with this Precept.) Commanding also you the said Keeper, to receive him into the said Gaol, and him there safely keep one month without Bail. Hereof fail not at your perils. Given under my hand and seal the, &c.

Notes

• * 1.1

  14 Car. 2. cap. 12. 1 Iustice.
• * 1.2

  15 Car. 2. cap. 2. 1 Iustice.
• * 1.3

  15 Car. 2. ca•…•…. 2. 1 Iustice.
• a 1.4

  Wood Under∣wood, Poles, Young∣trees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Railes, Hedge∣wood, Broom, or▪ Furze.
• a 1.5

  Wood Under∣wood, Poles, Young∣trees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Railes, Hedge∣wood, Broom, or▪ Furze.
• a 1.6

  Wood Under∣wood, Poles, Young∣trees, Bark or Bast of Trees, Gates, Stiles, Posts, Pales, Railes, Hedge∣wood, Broom, or▪ Furze.
• * 1.7

  15 Car. 2. cap. 2. 1 Iustice. Person ap∣prehen∣ded by
• a 1.8

  Officer or Inbabi∣tant, ha∣ving or car∣rying, or any ways conveying a Burthen or Bundle of
• b 1.9

  any kind of Wood, Un∣der-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedge∣wood, Broom or Furze.
• b 1.10

  any kind of Wood, Un∣der-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedge∣wood, Broom or Furze.
• b 1.11

  any kind of Wood, Un∣der-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedge∣wood, Broom or Furze.
• b 1.12

  any kind of Wood, Un∣der-wood, Poles, young Trees, Bark or Bast of any Trees, Gates, Rails, Pales, Posts, Hedge∣wood, Broom or Furze.
• c 1.13

  Any summ not exceeding 10 S.
• * 1.14

  15 Car. 2. cap. 2. 1 Iustice.
• * 1.15

  (a) as before
• * 1.16

  (b) as before
• * 1.17

  (b) as before
• * 1.18

  (b) as before
• * 1.19

  (b) as before
• * 1.20

  (c) as before
• d 1.21

  Any time not exceeding a month.
• * 1.22

  •…•…5 Car. 2. •…•…p. 2. •…•… Iustice.
• * 1.23

  15 Car. 2. cap. 2. 1 Iustice.
• a 1.24

  Any Burthens of Wood, or any Poles, or sticks of Wood, Un∣derwood, young Trees, Bark or Bast of any Trees, Gates, Stiles, Posts, Pales, Railes, Hedge-wood, Broom, or Furze.
• * 1.25

  (a) aforesaid
• * 1.26

  15 Car. 2. c•…•…p. 2. 1 Iustice.
• * 1.27

  (a) as before
• * 1.28

  (a) as aforesaid
• * 1.29

  15 Car. 2. cap. 2. 1 Iustice.