Island Act.

1850.

made to appear to me [that the issuing of a warrant of dis- 13 Vic. c. 35 tress in this behalf would be ruinous to the said A. B. and his family," or "that the said A. B. hath no goods or chattels whereon to levy the said sum for costs by distress] I adjudge," &c.

K. 1.

ORDER FOR PAYMENT OF MONEY TO BE LEVIED BY DISTRESS,
AND IN DEFAULT OF DISTRESS, IMPRISONMENT.

TO WIT.

at

Be it remembered, that on before the undersigned [one] of her peace in and for the said parish of the facts entitling the complainant to and place when and where they occurred] and now at this day, to wit, on the parties aforesaid appear before me, the said justice [or the said C. D. appears before me the said justice, but the said A. B. although duly called, doth not appear by himself, his counsel, or attorney; and it is now satisfactorily proved to me, on oath, that the said A. B. has been duly served with the summons in this behalf, which required him to be and appear here at this day, before such justices of the peace for the said parish as should now be here to answer the said complaint, and to be further dealt with according to law;] and now having heard the matter of the said complaint, I do adjudge the said A. B. [to pay the said C. D. the sum of forthwith, or on or before next, as the act may require]; and also to pay to the said C. D. the sum of for his costs in this behalf; and if the said several sums be not paid forthwith [or on or before next], I hereby order that the same be levied by distress and sale of the goods and chattels of the said A. B. and in default of sufficient distress in that behalf,* I adjudge the said A. B. to be imprisoned in the [common gaol, or other prison], at in the said parish [and there kept to hard labour], for the space of unless the the said several sums, and all costs and charges of the said distress [and of the commitment], shall be sooner paid.

complaint was made Sched. K 1. majesty's justices of the for that, [stating the order, with the time

Given under my hand, this

.

year of our Lord

at

day of
in the parish aforesaid.

in the

J. S.

* Or where the issuing of the distress warrant would be
ruinous to the defendant, or his family, or it appears that he
has no goods whereon to levy a distress, then instead of the
words betwen the asterisks,
say, "then inasmuch as it hath

**

13 Vic. c. 35. Island Act.

1850,

now been made to appear to me [that the issuing of a warrant
of distress in this behalf would be ruinous to the said A. B.
and his family," or "that the said A. B. hath no goods
or chattels whereon to levy the said sums, by distress], I
adjudge," &c.

K. 2.

ORDER FOR PAYMENT OF MONEY, AND IN DEFAULT OF
PAYMENT, IMPRISONMENT.

at

complaint was made

before the undersigned [one] of her majesty's justices of the
peace in and for the said parish of for that [stating
the facts entitling the complainant to the order, with the time
and place when and where they occurred], and now, at this
day, to wit, on
the parties aforesaid
appear before me, the said justice [or the said C. D. appears
before me, the said justice, but the said A. B. although duly
called, doth not appear by himself, his counsel, or attorney,
and it is now satisfactorily proved to me, on oath, that the said
A. B. has been duly served with the summons in this behalf,
which required him to be and appear here on this day before
such justices of the peace for the said parish as should now be
here to answer the said complaint, and to be further dealt with
according to law]; and now, having heard the matter of the
said complaint, I do adjudge the said A. B. [to pay to the said
C. D. the sum of forthwith, or on or before
next, or as the act may require ;] and also to pay to the said
C. D. the sum of
for his costs in this behalf;
and if the said several sums be not paid forthwith [or on or
before
next], I adjudge the said A. B. to be im-
prisoned in the [common gaol or other prison], at
the said parish, there to be kept to hard labour] for the space
unless the said several sums shall be sooner

of

paid.

Given under my hand this year of our Lord

at

in

J. S.

K. 3.

ORDER FOR ANY OTHER MATTER, WHERE THE DISOBEYING OF
IT IS PUNISHABLE WITH IMPRISONMENT.

13 VIC. c. 35. Island Act.

1850.

TO WIT.

Be it remembered, that on

complaint was made

Sched. K. 3.

at

before the undersigned, [one] of her majesty's justices of the
peace in and for the said parish of for that, [stating
the facts entitling the complainant to the order, with the time
and place when and where they occurred]; and now, at this
day, to wit, on
the parties aforesaid ap-
pear before me, the said justice (or the said C. D. appears
before me, the said justice, but the said A. B. although duly
called, doth not appear by himself, his counsel, or attorney; and
it is now satisfactorily proved to me, upon oath, that the said
A. B. has been duly served with the summons in this behalf,
which required him to be and appear here at this day, before
such justices of the peace for the said parish as should now be
here to answer to the said complaint, and to be further dealt
with according to law) and now, having heard the matter of
the said complaint, I do therefore adjudge the said A. B. to
[here state the matter required to be done]; and if, upon a
copy of a minute of this order being served upon the said
A. B. either personally,or by leaving the same for him at
his last or most usual place of abode, he shall neglect or refuse
to obey the same in that case, I adjudge the said A. B. for
such his disobedience to be imprisoned in the [common gaol,
or other prison], at
in the said parish [there to be
kept to hard labour] for the space of
[unless the said
order be sooner obeyed, if the act authorize this]; and I do
also adjudge the said A. B. to pay to the said C. D. the sum
of
for his costs in this behalf; and if the said sum
for costs be not paid forthwith [or on or before
"I order the same to be levied by distress and sale of the goods
and chattels of the said A. B. [and in default of sufficient
distress in that behalf, I adjudge the said A. B. to be im-
prisoned in the said [common gaol, or other prison], [and there
kept to hard labour] for the space of

next],

to commence at

and from the termination of his imprisonment aforesaid, unless
the said sum for costs shall be sooner paid.
Given under my hand, this

year of our Lord
aforesaid.

in the

day of

at

in the parish

J. S.

14 VIC. c. 46. Island Act.

1851.

Convic

tions, war

rants, and orders to bel conformable

to the act

13 Vic. c. 35.

14 Vic. c. 46.] For prevention of trespasses upon property. ISLD. [May 23, 1851.]

14 Vic. c. 46, sec. 12.] When any conviction, warrant, or order shall be made, issued, or directed, under or by the encore authority of this act, such conviction, warrant or order, shall be drawn up in manner and according to such form or forms set forth in the schedules annexed to a certain act of the legislature of this island, passed in the 13th year of her present majesty, c. 35, entitled," An act to facilitate the performance of the duties No objec of justices of the peace out of sessions within this island, with respect to summary convictions and orders,” as shall be applicable to this case: Provided always, That no objection shall be made or taken, or allowed, to any information, summons, warrant, order, or conviction, for any alleged defect in or want of form, or substance, or for variance between such information, summons or warthe hearing. rant, and the evidence adduced at the hearing of the case.

tion to be

allowed for variance

between the information, &c., and the

evidence

adduced at

any

13 & 14 VIC. 13 and 14 Vic. c. 93.] For improving the condition of seamen, British stat, and maintaining discipline in the merchant service.

c. 93.

1850.

BRIT. [August 14, 1850.]

13 and 14 Vic. c. 93, sec. 112.] No conviction, order, or other proceeding, under the general merchant seamen's act or this act, shall be quashed or vacated for want of form.

14 & 15 VIC, c. 79.

14 and 15 Vic. c. 79.] To consolidate and amend the laws British stat. relating to steam navigation.

1851.

No proceed

ing to be

BRIT. [August 7, 1851.]

14 and 15 Vic. c. 79, sec. 43.] No conviction, order, or other void for in- proceeding, in pursuance of this act, shall be quashed or vacated for want of form, or be removed by certiorari or otherwise into any superior court.

formality,

or removed by certio. rari.

16 & 17 VIC. c. 107. British stat.

1853.

16 and 17 Vic. c. 107.] Customs' consolidation act.

BRIT. [1853.]

16 and 17 Vic. c. 107, sec. 281.] Any justice or justices, bePersona fore whom any person liable to be detained, and who shall have convicted to been detained, for any offence against this or any other act

tained

be com.

c 107.

payment

or to hard

relating to the customs, shall be brought may either, on the 16 & 17 VIC confession of such person of such offence, or upon oath, convict British stat. such person of any such offence, and every person so convicted 1853. shall immediately upon such conviction pay, without any miti- mitted to gation, into the hands of such justice or justices, for the use of gaol for nonher majesty, the penalty imposed for such offence, or in default without thereof the said justice or justices shall, by warrant under his mitigation, or their hand and seal, or hands and seals, commit such person labour so convicted as aforesaid, and making such default as aforesaid, required by to any gaol or prison, there to remain until such penalty shall be paid; and such justice or justices may also, when any such person is convicted of any offence for which the punishment of hard labour is inflicted, commit such person to any house of cortion, there to be kept to hard labour, for such time as they shall be authorized to do by this or any other act or acts relating to the customs.

where

this act.

committed

a penalty

283. Where any person shall have been committed by any Any person justice or justices to any prison for non-payment of any penalty in default of incurred under this or any other act relating to the customs payment of less than £100, the gaoler or keeper of such prison is hereby less than authorized and required to discharge such person at the end of discharged six months from the commencement of his imprisonment.

a

£100 to be

by gaoler in six months if not duly released.

Justices

may im

prison in payment of

default of

penalty, and viously con

victed, may

sentence to hard labour.

281. Where any person shall have been convicted before any justice or justices of any offence, for which any penalty of £100 or upwards shall have been inflicted by this or any other act relating to the customs, the said justice or justices may, if he or they shall think fit, adjudge that such person shall, in default of ir party prepaying such penalty, be imprisoned for such offence, if it be first one, in any gaol within his or their jurisdiction, for a period of not less than six nor more than nine months; and if it shall appear that such party had been before convicted of any offence against this or any other act relating to the customs, it shall and may be lawful for the said justice or justices, if he or they shall think fit, to order and adjudge that such person shall, in lieu of such penalty, be imprisoned in any house of correction, and there be kept to hard labour for any period not less than six nor more than twelve months.

285. When any person shall have been convicted of any offence against this or any other act relating to the customs, for which such person is liable to be sentenced to hard labour, and such conviction shall take place before any justice or justices within whose jurisdiction there is no house of correction, such justice or justices shall and may, by warrant under his or their Justices hands and seals, commit such offender to any gaol within his or to nearest their jurisdiction, wherein the sentence of hard labour is or can house of be executed, or to the house of correction nearest to the place if none in where such offender is convicted, for such time as has herein- diction."

may commit

correction,

their juris