cap. 107. 16 & 17 Vic. before been limited for a first or subsequent offence respectively; British stat. and the governor or keeper of such gaol or house of correction is hereby required to receive such offender and to obey such warrant in all respects as if such gaol or house of correction was within the jurisdiction of such justice or justices. 1853. Justices may com mute hard labour where female or infirm. 286. Where any person shall have been convicted of any offence against this or any other act relating to the customs, for which such person would be liable to be committed to hard offender is a labour, it shall and may be lawful for the justice or justices, before whom such person is so convicted, if such person be a female, or if a male, from physical infirmity incapable of hard labour, to order and adjudge that such person shall, in lieu of being subjected to hard labour, be imprisoned in any gaol within their jurisdiction for the period during which such person would have been liable to be kept to hard labour, but in all such cases the cause of mitigation shall be stated in the warrant of commitment. 287. Where any person shall have been convicted before any justice or justices, of any offence against this or any other act relating to the customs, for which such person is liable to be committed to hard labour, and it shall at any time during the imprisonment of such person, be made to appear to the said or any other justice or justices, that such person had been before convicted of a similar offence, it shall be lawful for such justice or justices, and he or they are hereby required to commit such offender to some house of correction, to be kept to hard labour for any period not less than nine nor more than twelve months in the whole, from the date of the first commitment, and to If prisoner amend the warrant of commitment accordingly, and without have been including in such amendment any reference to the former conpreviously viction; and any gaoler, in whose custody such person shall be, imprison- is hereby required upon a written order, signed by any justice, extended. to produce such person before such last-mentioned justice. be found to convicted, ment may be Married women may be committed. Actual expenses in the com 288. Where any married woman may be convicted before any justice or justices, of any offence against this or any other act relating to the customs, she shall, in default of paying any penalty she may have incurred, be liable to be committed to prison. 289. The actual expenses incurred by any county, city, borough, liberty, division, franchise, or town corporate, in conof the commitment of any person to hard labour under mitment of sequence mugglers this or any other act or acts relating to the customs, shall be labour to be repaid out of the consolidated customs by an order of the comconsoli- missioners of treasury, in such manner and to such account as dated cus- they shall direct; and for the necessary subsistence of any poor person confined in any prison in the United Kingdom, under or to hard paid out of toms. c. 107. 1853. by virtue of any exchequer, or other process for the recovery of 16 & 17 Vic. any duties or penalties, either upon bond or otherwise, under British stat. this or any other act relating to the customs, the commissioners of customs may allow any sum, not exceeding 73d. per diem, to be made for any such poor person, out of any money in their to poor perhands arising from the duties of customs. Allowance sons con fined for offences against laws of customs to be made by commissioners. of in the year of our Lord C. D. is convicted before me [or us, as For the Case may be,] the case], I, or we, mitigate to the sum of of in the until the same be paid, [or where it shall have been so adjudicated add, instead of the or [where the party has been convicted of an offence of Given under in the in the months. hand and seal at 16 and 17 VIC. c. 131.] To amend various laws relating to 16 & 17 Vic. merchant shipping. c. 131. be in writ 16 and 17 Vic. c. 131, sec. 63.] All sentences and decrees to Sentence to be pronounced by the sheriff or justices of the peace upon such ing c. 131. 1853. Imprison ment to be inflicted in 16 & 17 Vic. summary complainants shall be in writing; and where there is a British stat. decree for payment of any sum or sums of money against a defender, such decree shall contain warrant for arrestment, poinding, and imprisonment, in default of payment, such arrestment, poinding, or imprisonment, to be carried into effect by sheriffs' officers or constables, as the case may be, in the same manner as in cases arising under the ordinary jurisdiction of the sheriff or justices: Provided always, That nothing herein contained shall be taken or construed to repeal or affect an act of the 5 and 6 Will. IV., intituled, "An act for abolishing in Scotland imprisonment for civil debts of small amount." default of payment. 5 & 6 Will IV. c. 70. Sentence, penalties, fault of defender's 64. In all summary complaints and proceedings for recovery of &c., in de any penalty or sum of money, if a defender who has been duly cited shall not appear at the time and place required by the citation, appearance. he shall be held as confessed, and sentence or decree shall be pronounced against him in terms of the complaint with such costs and expenses as to the court shall seem fit: Provided always, That he shall be entitled to obtain himself reponed against any such decree at any time before the same be fully implemented, by lodging with the clerk of court a reponing note and consigning in his hands the sum decerned for and of the costs which had been awarded by the court, and on the same day delivering or transmitting through the post to the pursuer or his agent a copy of such reponing note; and a certificate by the clerk of court of such note having been lodged shall operate as a sist of diligence till the cause shall have been re-heard and finally disposed of, which shall be on the next sitting of the court, or on any day to which the court shall then adjourn it. Backing 66. In all cases where sentences or decrees of the sheriff or sentences justices require to be enforced within Scotland, but beyond the jurisdiction of the sheriff or justices by whom such sentences or decres have been pronounced, it shall be competent to carry the same into execution, upon the same being endorsed by the sheriff, clerk, or clerk of the peace of the county or burgh within which such execution is to take place. 17 Vic. c. 2. 17 VIC. c. 2.] For the warehousing of goods imported into this Island Act. island, and for the prevention of smuggling. 1853. If triple the value of ISLD. [December 1, 1853.] 17 Vic. c. 2, sec. 40.] If triple the value of the goods in goods shall respect to which any person shall have been detained under this act shall not exceed £100, it shall be lawful for any two jusjustices may tices of the peace before whom the case shall be tried, to sentence the offending party to pay treble the value of the said not amount to £100, inflict a fine to that Island Act. goods, or the sum of £100; or in default of payment thereof to 17 VIC. c. 2. commit such party to any gaol or prison in this island, there to remain until such amount or penalty shall be paid. 1853. amount; and in de payment may be 44. When any person shall have been so committed by fault of 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 committed. giving such security as may be required by such justices under 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 obedience to committal, or until discharged in due course of law. Gaolers to detain warrant. 7 WILL. IV. & I Vic. c. 36. British stat. 1837. Justices to award costs to defendant where information or com cases. is X. DISMISSAL. 7 WILL. IV. and 1 Vic. c. 36.] For consolidating the laws relative to offences against the post-office. BRIT. [July 12, 1837.] 7 Will. IV. and 1 Vic. c. 36, sec. 17.] When any person shall empowered 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 Withdrawn against the post office acts, and such information or complaint in certain 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 Schedule 5. To the constable of and to the keeper of the common gaol (or house of correction) at County (or as the Whereas E. F. of case may be) of in the said has been duly to wit.) convicted of a certain offence for that [here state the offence as in the conviction] whereby 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 at the sum of together the sum of making 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 |