2 Form of warrant of distress.U.K.
The justices by whom any such warrant of distress shall be issued may cause such warrant to be drawn up in the following form of words, or in any other form to the same effect; (that is to say,)
” To the constable of the in the county of
Whereas in and by a certain rate or assessment, dated the and made for [here in
to wit.
substance describe the purposes of the rate] A.B. of in the parish of in the county of was duly rated and assessed in the sum of [if more than one rate or assessment, recite the others in the same manner]: And whereas it appeareth unto us, two (or more) of his Majesty’s justices of the peace F1..., upon the complaint of C.D. of , the person to whom the said rate or assessment ought to be paid, (or otherwise, as the case may be,) that a notice in writing, requiring payment of the said sum (or said several sums), was personally served on the said A.B., (or left at the place of abode of the said A.B., or of the tenant or occupier of the lands or grounds,) to wit, on the day of last, and that default has been made in payment thereof for the space of twenty-one days next after such notice so served (or left), and that the same sum (or several sums, or a certain part of such sum or sums, as the case may be,) is (or are) still due and unpaid: And whereas it having been duly proved to us, upon oath, that the said A.B. hath been duly summoned to appear before us, the said justices, to show cause why the said rate or assessment (rates or assessments) should not be paid; and he the said A.B. having appeared before us (or, and he the said A.B. having neglected to appear accordingly before us, as the case may be,) according to such summons, and not having shown to us any sufficient cause why the said sum so as aforesaid due and unpaid should not be paid: These are therefore to require you forthwith to make distress of the goods and chattels of him the said A.B. wheresoever they may be found, or of the occupier or occupiers of the lands or grounds or some part thereof belonging to the said A.B. in respect of which the said rate or assessment (rates or assessments) is (or are) made, which may be found in and upon such lands or grounds; and if within the space of five days next after such distress by you taken, the sum of and also the further sum of , being the costs already incurred in the premises, making together the 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 such sale that you detain the said sum of and also your reasonable charges of taking, keeping, appraising, and selling the said distress, rendering to him the said A.B. the overplus on demand. Given under our hands and seals this day of one thousand eight hundred and thirty ’
Textual Amendments
F1Words in s. 2 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 8, Sch. 10; S.I. 2005/910, art. 3(y)