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goods, or the sum of £100; or in default of payment thereof to 17 vie. c. 2. commit such party to any gaol or prison in this island, there to ^J^^^ remain until such amount or penalty shall be paid. 1853.

amount;

44. When any person shall have been so committed byfaaltof any justice or justices of the peace to any prison in the said offender island for non-payment of any penalty or penalties, or for not commuted. giving such security as may be required by such justices under 0 lOTS to the provisions of this act, the gaoler or keeper of such prison is receive and hereby authorized to receive and take charge of, and keep in offenders in custody, such committed person, according to the warrant of ^Ta^ntMt0 committal, or until discharged in due course of law.

X. Dismissal.

costs to defendant

where information vr complaint U withdrawn in certain cases.

7 * Fvt!V' 7 WlLL- IV. and 1 Vie. C. 36.] For consolidating the laws relac. 3«. tive to offences aqainst the post-office.

British stat. ■" * r M ,«„«.,

^^-^ Brit. [July 12, 1837.]

1837.

jMtices 7 Will. IV. and I Vic. c. 36, sec. 17.] When any person shall

tSrd^ be summoned before a justice of the peace to answer an information or complaint exhibited, or made against him by a person other than an officer of the post office, touching an offence committed or alleged to have been committed by such person against the post office acts, and such information or complaint shall afterwards be withdrawn, or quashed, or dismissed, or if the defendant shall be acquitted of the offence charged against him, the justice may order and award that the informer or person exhibiting the information or making the complaint, shall pay to the defendant such costs of making or preparing for his defence, and also such compensation for his loss of time, and for the loss of time of his witnesses (if any) in attending such justices touching such information or complaint as to such justices shall seem reasonable, and in default of immediate payment of the sum so awarded the justice may cause the same to be levied by distress and sale of the goods and chattels of the person ordered to pay the same, together with the costs of such distress and sale, and if goods and chattels of such person sufficient to answer the sum so awarded and such costs as aforesaid cannot be found, the justice may commit such person to the common gaol or house of correction, for any time not exceeding one calendar month unless the sum so awarded together with all costs and expenses shall be sooner paid.

FORM OF A WARRANT OF COMMITMENT FOR WANT OF A
SUFFICIENT DISTRESS FOUNDED ON A CONVICTION.

sthwiai. s. To the constable of and to the keeper of the common

gaol (~or house of correction J at in the said

County for as the )

case may be J of\ Whereas E. F. of has been dtdy

to wit.) convicted of a certain offence for that [here state tlte offence as in the conviction] wliereby he hath forfeited the sum of [and in case of mitigation, which hath been mitigated to the sum of ] over and above the reasonable costs and charges of the informer allowed and assessed ot the sum of making together the sum of And whereas it has been duly made to appear to me that no sufficient distress can be found whereon to levy the said sum of There

fore I command you the constable of to apprehend 7£f,\]v

and take the said E. F. and safely to carry him to the common c. se. gaol (or house of correction) at in the ^^t^t

of and there to deliver him to the keeper thereof 1837.

together with this warrant: And I do hereby command you
the said keeper to receive into your custody in the said gaol
[or house of correction] him the said E. P. and him therein
safely to keep for the space of unless the said

sum of shall be sooner paid.

Given under my hand and seal the day

of

( Signed.)

One of her majesty's justices of the peace for

the said of

1 Vic. C. 25.] To regulate the costs of distresses. i vic.c.ss.

I Isld. [March 22, 1828.] !TZZ£

1838.

1 Yic. c. 25, sec. 4.] It shall be lawful for any justice (acting Penalty under this act) if he shall find that the complaint of the party or unfunded parties aggrieved is not well founded to order and adjudge costs comi>1»int*not exceeding twenty shillings to be paid to the party or parties complained against, which order shall be carried into effect, and levied and paid in such manner, and with like power of commitment, as is hereinbefore directed, as to the order and judgment founded on such original complaint: Provided always, That Proriio. nothing herein contained shall empower such justice to make any order or judgment against the landlord for whose benefit any such distress shall have been made, unless such landlord shall have personally levied such distress: Provided also, That no person proriw. or persons who shall be aggrieved by any distress for rent or by any proceedings had in the course thereof, or by any costs and charges levied upon them in respect of the same, shall be barred from any legal or other suit or remedy which he, she, or they might have had before the passing of this act, except so far as any complaint to be preferred by virtue of this act shall have been determined by the order and judgment of the justice before whom it shall have been heard and determined, and which order and judgment shall and may be given in evidence under the plea of the general issue in all cases where the matter of such complaint shall be made the subject of any action.

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FORM OF THI OEDEB AND JUDGMENT OF THE JUSTICE
WHERE HE DISMISSES THE COMPLAINT AS UNFOUNDED,
AND WITH OR WITHOUT COSTS, AS THE CASE MAT BE.

In the matter of the complaint of A. B. against C. D. for the breach of the provisions of an act of the first year of her majesty Queen Victoria, intituled, "An act" [here insert the title of this act] I, E. F. a justice of the peace for the parish of do order and adjudge that the complaint of A. B. is unfounded: [if costs are given,'] And I do further order and adjudge that the said A. B. shall pay unto the said C. D. the sum of for costs.

E. F.

13 Vie. 35.] To facilitate-the duties of justices of the peace.

Isld. [February 1, 1850.]

i8so. 13 Vic. c. 35, sec. 26.] Where any information or complaint

H inform*- ghal 1 be dismissed with costs as aforesaid, (a) the sum -which mi«X shall be awarded for costs in the order of dismissal, may be berec^rtred levied by distress (Q 1) on the goods and chattels of the profromihe gecutor or complaint in manner aforesaid, and in default of If dittreu, distress ot payment, such prosecutor or complainant may be committed (Q 2) to the common gaol or other prison or place of security in manner aforesaid for any time not exceeding ten days, unless such sum and all costs and charges of the distress and of the commitment [the amount thereof being ascertained and stated in such commitment] dial! be sooner paid.

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\V YHBAXT OF DISTRESS FOB COSTS UPON AN ORDER FOB
DISMISSAL OF AX INFORMATION OB COMPLAINT.

Med. Q. i. To t!te nonstable of

in the said parish of
Whereas on

and to all other peace officers

last past, information teas laid [or complaint was made] before the undersigned, [one] of her majesty's justices of the peace in and for the said parish, for that, [Sj'c. as in tlie order of dismissal]; and afterwards, to wit, on at . both parties

appearing before me in order that I should hear and determine the same, and the several proofs adduced to me in that behalf

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being by me duly heard and considered, and it manifestly wvictSJ.
appearing to me that the said information [or complaint'] was ^—v~^/
not proved, I therefore dismissed the same, and adjudged that ,8S0-
the said C. D. should pay to the said A. B. the sum of

for his costs, incurred by him in his defence in
that behalf, and I order that if the said sum for costs should
not be paid [forthwith], the same should be levied of the
goods and chattels of the said C. D. [and I adjudged, that in
default of sufficient distress in that behalf, the said C. D. should
be imprisoned in the [common gaol, or other prison, in the
said parish [and there kept to hard labour] for the space of
unless the said sum for costs, and all costs
and charges of the said distress, and of the commitment should
be sooner paid, (*): And whereas the said C. D. being now
required to pay unto the said A. B. the said sum for costs, hath
not paid the same, or any part thereof, but therein hath made
default: These are therefore to command you, in her majesty's
name, forthwith to make distress of the goods and chattels of
the said C. D.; and if, within the space of
days next after the making of such distress, the said last-
mentioned sum, together with the reasonable charges of taking
anil keeping the said distress shall not be paid, that then you
do sell the said goods and chattels so by you distrained, and do
pay the money arising from such sale to
the clerk of the justices of the peace for the parish of

that he may pay and apply the same as by law
directed, and may render the overplus [if any], on demand,
to the said C- D.; anil if no such distress can be found, then
that you certify the same unto me, to the end that such proceed-
ings may be had therein as to the law doth appertain.
Given under my hand, this day of

in the year of our Lord, 18 at

in the parish aforesaid.

J. s.

Q.2.

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE

LAST CASE.

To the constable of and to the keeper of tlie sched. g. s.

[common goal, or other prison], at in the said

parish of

fVhtreas, [Sfc. as in tfie last form to the asterisk (*), and then
thus]: "Arid whereas afterwards, on the
day of in the year aforesaid, I, the said jus-

tice, issued a warrant to the constable of
commanding him to levy the said sum of
for costs, by distress and sale of the goods and chattels of the

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