fore I command you the constable of

to apprehend 7WM IV.

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

in the

of
and there to deliver him to the keeper thereof
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. F. and him therein
safely to keep for the space of
unless the said
shall be sooner paid.
Given under my hand and seal the

sum of

day

for

& 1 Vic. c. 36. British stat.

1837.

1 VIC. c. 25.] To regulate the costs of distresses.

ISLD. [March 22, 1828.]

1 VIC. c. 25. Island Act.

1838.

against

1 Vic. 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 unfounded parties aggrieved is not well founded to order and adjudge costs complaints. 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 Proviso. 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 Proviso. 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.

1 VIC. c. 25. Island Act.

1838.

Form of order and judgment,

FORM OF THE ORDER AND JUDGMENT OF THE JUSTICE
WHERE HE DISMISSES THE COMPLAINT AS UNFOUNDED,
AND WITH OR WITHOUT COSTS, AS THE CASE MAY 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 VIC, c. 35. 1sland Act.

1850.

tion dis

be recovered from the

prosecutor

13 VIC. 35.] To facilitate the duties of justices of the peace.

ISLD. [February 1, 1850.]

13 Vic. c. 35, sec. 26.] Where any information or complaint If informa shall be dismissed with costs as aforesaid, (a) the sum which missed, shall be awarded for costs in the order of dismissal, may be Costs mayed levied by distress (Q1) on the goods and chattels of the prosecutor or complaint in manner aforesaid, and in default of by distress, distress of payment, such prosecutor or complainant may be committed (Q2) 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] shall be sooner paid.

&c.

Q. 1.

WARRANT OF DISTRESS FOR COSTS UPON AN ORDER FOR
DISMISSAL OF AN INFORMATION OR COMPLAINT.

in the said parish of
Whereas on

and to all other peace officers

last past, information was 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, &c. as in the order of dismissal]; and afterwards, to wit, on 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

at

(a) See Title. (Ante.)

Island Act.

being by me duly heard and considered, and it manifestly 13 Vic. c. 35.
appearing to me that the said information [or complaint] was
not proved, I therefore dismissed the same, and adjudged that
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
and 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.; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain.

parish of

1850.

and to the keeper of the Sched. Q. 2. in the said

Whereas, &c. as in the last form to the asterisk (*), and then thus]: "And 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

15 VIC. c. 38. Island Act.

1852.

said C. D.: " And whereas it appears to me, as well by the
return of the said constable to the said warrant of distress or
otherwise, that the said constable hath made diligent search for
the goods and chattels of the said C. D. but that no sufficient
distress whereon to levy the sum above-mentioned could be found:
These are therefore to command you, the said constable of
to take the said C. D. and him safely con-

vey to the [common gaol, or other prison], at
aforesaid, and there deliver him to the said keeper thereof,
together with this precept; and I do hereby command you, the
the said keeper of the said common goal, or other prison, to
receive the said C. D. into your custody in the said [common
gaol, or other prison, there to imprison him [and keep him to
hard labour for] the space of

unless the said sum, and all costs and charges of the said distress "and of the commitment], amounting to the further sum of

shall be sooner paid unto you, the said keeper, and for your so doing this shall be your sufficient warrant. Given under my hand, this

of

at

in the year of our Lord, 18
in the parish aforesaid.

day

J. S.

XI. COSTS AND DISTRESSES.

40 GEO III. c. 29.] For supplying Falmouth with water. ISLD. [December 22, 1799.]

40 GEO. III. c. 29. Island Act.

1799.

Monies pay

poration

before a

40 GEO. III. c. 29, sec. 15.] All monies which shall become payable to the use of the said corporation, under and by virtue able to corof the immediately proceeding section of this act, shall and may recoverable be recoverable before any justice of the peace, not being a mem- justice. ber of the said corporation; who upon complaint made to him upon oath on behalf of the said corporation is hereby authorized and required to issue a warrant directed to all or any of the constables of the parish, to take and bring before him the person or persons complained of; and thereupon to commit such person or persons until he, she, or they shall have paid what shall appear to such justice to be due from him, her, or them, to the said corporation, together with such costs as such justice shall think proper to award in the premises.

7 WILL. IV. and 1 VIC. c. 36.] Relative to offences against 7 WM. IV. post office.

BRIT. [1837.]

& 1 VIC. c. 36. British stat.

case may be) of Whereas E. F. of

to wit.

of

of

Schedule 4.

has been duly con

victed of a certain offence for (here state the
offence as in conviction) whereby he hath forfeited the sum
(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
Therefore I command you to levy the said
and also the said sum of

for

sum of
the costs and charges aforesaid, making together the sum
of
by distraining the goods and chattels of the said
E. F., and if within the space of five days next after such
distress taken the said sum of
together with the
reasonable costs and charges of taking and keeping such
distress, shall not be paid, then I order and direct that you
shall sell and dispose of the said goods and chattels which will
be so distrained, seized and taken as aforesaid, and shall levy
and raise thereout the said sum of
and all reasonable

L L