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Island Act.

1853.

first day of publication in every month, and such collector shall 16 Vic. c. 45. be and is hereby required to be in attendance at his office on Friday in every week for the purpose of paying over any monies in his hands to the parties entitled thereto, but if any Friday shall happen to be a holiday, then on the next succeeding day of that or the following week which shall not happen to be a holiday : Provided, That no such return shall operate to stay the execution of any writ, but every warrant which shall not be fully executed to stay and satisfied, shall remain in the hands of such collector and writ. continue in full force until final execution, or the effluxion of time, as hereinbefore provided.(a)

Proviso,
Return not

execution of

issue

35. In any action brought against any justice of the peace, General collector, or other officer, for any thing done in pursuance of pleaded to this act, or in fulfilment of the duties hereby imposed, the party is done so sued may plead the general issue to such action, and give the under this special matter in evidence thereunder.

things

act.

covering

ing fines.

43. All penalties and fines under this act shall, unless other- Mode of rewise directed, be recovered summarily before any two justices and applyof the parish or precinct wherein the cause of complaint arose ; and when recovered shall be applied, one moiety to the use of the party suing for the same, and the residue thereof to the treasurer or collecting constable of the parish, for the use of the poor therein; and in failure of goods whereon to levy, the justices may sentence the offender to the common gaol or house of correction, for any time not exceeding three calendar months, and such alternative sentence may be awarded in the first instance, and be directed in the original warrant of distress, or after a return thereto, in the discretion of the justices.

words.

26. In constructing this act, the word person shall mean and in- Construcelude a body politic or corporate as well as all individuals, and the tion of singular number and masculine gender shall respectively mean and include the plural number and the feminine gender, unless the context shall be repugnant thereto.

(a) As to appointment and duties of collectors and their deputies under this act, see CONSTABLES and POLICE. (Post.)

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You are hereby required on sight hereof, forthwith to levy the sum being the amount of a certain claim adjudged by

of

us (or by
against

sum of

and

in favour of

as the case may be)

together with the pounds for costs, upon the goods (except the

necessary wearing apparel, and tools of trade) of the said

said

; and you are also required to sell the goods, so distrained within the space of one week from and after such levy, and out of the proceeds thereof to satisfy the amount of the said claim of the together with the costs aforesaid and to return any overplus to the said and you are hereby further required, in default of finding sufficient goods whereon to levy the whole of the said debt and costs, to arrest the said

by the body, and imprison him for the space of twenty days in the nearest gaol, unless such debt and costs, or so much thereof as thou canst not levy be sooner paid, and for so doing this shall be your sufficient warrant.

Given under our hands and seals this

day of

[Sched. of Form, No. 3.]

in the year of our Lord, 18

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To

collector of petty debts for the parish of These are to authorize and empower you to execute

the within warrant of distress on the goods and chattels of the within named

of

if found within your jurisdiction.

Given under my hand and seal this
18

day

[Sched. of Forms, No. 12, No. 13.]

NOTICE TO TENANT OF PROPERTY, EMPLOYERS. &c.

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16 Vrc. c. 45. Island Act.

1853.

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Take notice that you are hereby required from time to time, as he same may become due to pay into my hands so much of the rent of the premises now occupied by you of the said

(defendant or of the salary, wages, or allowance payable by you to to the said defendant as his employer, tenant, receiver-general, &c. as the case may be) as will suffice to satisfy the above judg

ment and costs.

Dated, &c.
To

Collector of petty debts. (Receiver General, &c.)

Notice to appear on settlement of disputes respecting application of Schedule

rents, wages, or salaries.

No. 7.

To

of the parish of

of the parish of

plaintiff; Tenant (or

employer as the case may be).

Upon the application of

collector of petty debts of the parish of stating that a dispute exists as to the application of the provisions of the 15th clause of the petty debt act, you are hereby required to take notice that we the undersigned, or two other justices of the peace of the said parish, will attend at the peace office on

day of

the instant at the hour of

to adjudicate and settle such dispute, and make an order in the premises when and where you are required to attend with your wit

nesses.

Given under our hands this in the year of our Lord, 185

day of

16 VIC. c. 45.

Island Act.

1853.

FEES.

24. The clerks of the peace and collectors shall be entitled respectively to demand and receive the fees set down in the Schedule annexed to this act.

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For recording each judgment

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For each warrant of distress or other such process
including form, filling up, and attendance on magis-
trate to have it signed

For each original summons to include not more than six
witnesses including form, filling up, and attendance
on magistrate to have it signed

For each copy

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100

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For the collector.

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For serving each summons to appear and answer
For executing each warrant of distress.
And in addition thereto one shilling in the pound on the
amount of debt and costs, when levied or collected
by the collector, such mentioned sums to be deducted,
in the first instance after sale of goods or receipt of
such collections, and to be a charge on and to be
levied from the defendant.

For serving each copy summons to appear and give

evidence

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And, in addition to such execution and service money,
each collector shall be entitled to charge and be paid

he

the further sum of sixpence per mile for the distance
may have to travel from the nearest district court
for which the process shall issue for trial.

10

Justices and vestries to

elect one or more collectors, and

of Kingston

Collectors.

14. The justices and vestry of the several parishes of this island shall, at the usual period of electing parochial officers in the council each year, elect for each parish one or more fit and competent to elect two person or persons, as the exigencies of each parish may seem to who are to require; and the common council of Kingston shall, at such enter into period, elect for the said city two fit and competent persons, as

collectors,

security, &c.

Island Act.

1853.

the collector of petty debts, and no summons, warrant, or other 16 Vic. c. 45. proceeding under this act shall be directed to, or executed or served by, any collector until he shall have given security, in a bond, to the crown, with one or more surety or sureties, to be approved of by the justices and vestry or the common council of Kingston respectively, at the time of appointment as aforesaid, or within such other period as may be fixed on that behalf, in the penal sum of £250, in the several parishes of this island, other than Kingston, and in the penal sum of £500 in the city and parish of Kingston, for the due execution of such collector, and his deputies, of the duties of such office, and for accounting and paying over all monies collected by or paid to him or them, or which shall otherwise come to his or their hands in the execution of his, or by colour of the said office, and which said bond Enforce shall stand cautionary for all sums of money to be so received bond. and collected by such collector, notwithstanding the sums so received may amount, in the aggregate, to a sum exceeding the amount of the penalty of the said bond, and the same shall be sued for, enforced, and recovered, in a summary manner by a summons, according to the form annexed to this act, as and for monies had and received to the use of the plaintiff; and on proof of the bond, and of the amount so received by the said collector or his deputies, under and by virtue of any process issued under this act, judgment shall be given and awarded against the said collector and his surety and sureties, in favour of the plaintiff suing for the same, and shall be enforced against them or either of them.

ment of

Council to

second col

15. The common council of the city and parish of Kingston Common shall, within one month after the passing of this act, at a special appoint a meeting to be held for that purpose, appoint a second collector lector in petty debts for the said city and parish of Kingston, for the Kingston. service and execution of the process of Kingston, under this and the former acts relating to small debts; and such last-mentioned collector, on entering into the security required under this act, shall be invested with all the powers, and be entitled to all the fees and privileges, and be subject to all the pains and penalties hereby provided for, and imposed upon, the collector of petty debts, to be applied under the provision of this act.

collector

to make

forming

17. In every case of neglect or omission to make such return, Penalty on or in the performance of any duty on the part of any collector neglecting not otherwise provided for under this act, the offending constable return, or shall be liable to a penalty not exceeding the sum of £10, to be not per recovered in a summary manner before any two justices of the duty. peace, of the parish in which such neglect or default shall be made; and in default of payment of such fine or penalty, to be imprisoned in the nearest gaol or house of correction with or without hard labour, for any period not exceeding thirty days.

I

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