committed, and must be brought in the county where the grievance complained of arose.

It has been held that an action of replevin for goods taken by a parish officer under warrant of distress, is not such an action as requires previous notice under the act to be given to the party. East. Rep. 283.

No action shall be brought against any constable, or any officer acting by his order, for any thing done in obedience to any warrant of a justice, until demand made or left at his usual place of abode by the party intending to bring such action, or by his attorney or agent, in writing, signed by the party demanding the same, of a perusal and copy of the warrant, and that the same hath been refused or neglected for six days after such demand.

It has been considered that constables, headboroughs, excise officers, collectors of taxes, &c. acting under a warrant, are entitled to notice, under the act 43 Geo. III. c. 99, s. 70.

Notice of Action from the Attorney of the Party to a Justice of the Peace, for false Imprisonment.

To A. B. one of His Majesty's Justices of the Peace, acting in and for the county of

SIR,

I do hereby, as the Attorney of C. D. of gent. give you notice, according to the form of the Statute in that case made and provided, that I shall, at or soon after the end of one calendar month from the time of the service of

day of

day of

this notice upon you, cause a writ of latitat to be sued out of His Majesty's Court of at Westminster, against you, at the suit of the said C. D. for false imprisonment; for that you, on or about the last, by warrant under your hand and seal, dated the - did cause the said C. D. to be apprehended and conveyed to the common gaol of Newgate, [or as the case may be] and to be there imprisoned, and kept and detained there, without any reasonable or probable cause, for a long time, to wit, for the space of then next following.

Dated this

day of

1817.

Yours, &c.

E. F. Attorney for the said C. D.

Notice of Action to an Excise Officer, by the Attorney of the Party, for Seizing Goods.

To A. B. and C. D. Officers of His Majesty's Excise.

You having, on or about the day of last, as officers of His Majesty's Excise, unlawfully seized, taken, and carried away a large quantity of soap, to wit, 200lb. weight, belonging to A. B. of and being of a large value, to wit, of the value of £. and converted and disposed thereof to your own use; I do hereby, as the attorney for the said A. B. in this behalf, according to the form of the Statute in such case made and provided, hereby give you notice that I shall, at or as soon after the expiration of one calendar month from the time of your being served with this notice cause a writ of to be sued out of His Majesty's Court of Westminster, against you, at the suit of the said A. B. for the said trespass, and shall proceed against you thereupon according to law. Dated, &c.

Yours, &c.

C. D. Attorney for the said A. B.

at

8

The like for stopping and detaining in Custody a Horse and

Cart.

To A. B. and C. D. &c.

I do hereby, as the attorney of and for E. F. according to the form of the Statute in such case made and provided, give you notice that I shall, at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of — to be sued out of His Majesty's Court of at Westminster, against you, at the suit of the said E. F. day of for that you, the said A. B. and C. D. on the last, with force and arms seized a certain horse of the said E. F. of great value, which was then passing in and along the King's highway, and drawing a certain cart of him the said E. F. of a large value, wherein he was then riding and going in and about his lawful and necessary affairs and business; and without the license or consent, and against the will of the said E. F. stopped and detained him and his said horse and cart for during a long space of time, to wit, for the space of which time he the said E. F. not only lost and was deprived of the use and benefit of his said horse and cart, but was hindered and prevented from doing and transacting his Jawful and necessary affairs and business; and also for that you fif the facts are so] the said A. B. and C. D. on the said day of last, with force and arms assaulted, beat, wounded, and ill-treated the said E. F. and imprisoned him, and kept and detained him in prison, without any reasonable or probable cause whatsoever, for a long space of time, to wit, for the contrary to the laws and customs of this realm, space of and against the will of the said E. F. and rent, tore, damaged, and spoiled his clothes, of a large value, which he then wore and had on, and other wrongs to the said E. F. did to his great damage, and against the peace of our Lord the King. Dated 1817. this day of Yours, &c.

W. T. Attorney for the said E. F.

The like to Collectors of Taxes for an illegal Distress. To A. B. and C. D. of acting under colour and pretence of being Collectors of Taxes for the parish of

I,

of

in the county of

do hereby, as the

gent.

attorney of and for E. F. of in the county of

according to the form of the Statute, &c. give you notice, [ns in the last precedent] for that you the said A. B. and C. D. on the day of — last, to wit, at in the county of

with force and arms, &c. seized and took certain horses, mares, geldings, and sheep, to wit, 10 horses, 10 mares, 10 geldings, and 50 sheep, of the said E. F. of great value, to wit, of the value of £500, and then and there impounded the said horses, mares, geldings, and sheep, and kept and detained the same so there impounded for a long space of time, to wit, for the space of then next following, and until the said E. F. was, in order to get back and regain possession of the said horses, mares, geldings, and sheep, forced and obliged to pay to you the said A. B. and C. D. a large sum of money, to wit, the sum of £500, at the parish aforesaid, and county aforesaid. And also for that you the said A. B. and C. D. on the said day of in the year aforesaid, with force and arms, &c. to wit, at the parish aforesaid, in the county aforesaid, seized, took, and drove away certain other horses, mares, geldings, and sheep, to wit, 10 other horses, 10 other mares, 10 other geldings, and 50 other sheep, of the said E. F. of great value, to wit, of the value of £500 of lawful money of Great Britain, there then found and being, and converted and disposed thereof to your own use; and other wrongs to the said E. F. did to his damage of £500, and against the peace of our Lord the King, Dated, &c.

Yours, &c.

W. T. Attorney for the said E. F.

Demand on a Constable of perusal and Copy of his Warrant.

To Mr. C. D.

day of

&c. ac

I do hereby, as the attorney of and for A. B. of cording to the form of the Statute, &c. demand of you the perusal and copy of the warrant, by virtue or under colour whereof you did, on or about the last, apprehend the said R. P. and carry and convey him in custody in and to and before S. P. Esq. one of His Majesty's justices of the peace in and for the county of Yours, &c.

Dated, &c.

W. T. Attorney for the said A. B. :

The like on a Gaoler.

To Mr. A. B.

I do hereby, as the attorney for E. F. of &c. according to the form of the Statute, &c. demand of you the perusal and copy of the warrant of commitment and detainer, under which you received into your custody the said E. F. on or about the day of last, and kept and detained him in custody for the space of then next following. Dated, &c.

Yours, &c.

W. T. Attorney for the said E. F.

It seems proper that constables should retain their warrants, and not return them to the magistrate, otherwise they cannot comply with the directions of the act. See further post. under title "Justices of Peace" and "Constable."

AFFIDAVITS.

Affidavits should be in writing, particularly if intended as the ground of further proceedings, and the time, place of abode, and addition of the party making it, should be inserted, 1 Lill. Abr. 44, 46. May be on unstamped paper if taken before a magistrate, who is not authorized to take voluntary affidavits except judicially,

Affidavit of the Overseer of the Poor [or some other person who can testify the fact that a Woman brought to bed of a bastard Child had not been delivered a month, to enable the parish to move the Quarter Session to continue the reputed Father on his recognizance till the next Session.

to wit. A. B. of — in the county of yeoman, maketh oath and saith, that he is one of the overseers of the