c. 131. 1833. 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, &c., in de fault of defender's 64. In all summary complaints and proceedings for recovery of 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 sentences 66. In all cases where sentences or decrees of the sheriff or or decrees. 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. Island Act. 1853. If triple the value of goods shall not amount to £100, 17 VIC. c. 2.] For the warehousing of goods imported into this island, and for the prevention of smuggling. ISLD. [December 1, 1853.] 17 Vic. c. 2, sec. 40.] If triple the value of the goods in 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 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 committed. 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 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 plaint is withdrawn cases. 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 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 gaol (or house of correction) at County (or as the and to the keeper of the common in the said has been duly case may be of Whereas E. F. of 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 fore I command you the constable of to apprehend and take the said E. F. and safely to carry him to the common in the of of day (Signed.) the said One of her majesty's justices of the peace for 7 WM IV. & 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 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. 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 shall be dismissed with costs as aforesaid, (a) the sum which shall be awarded for costs in the order of dismissal, may be levied by distress (Q1) on the goods and chattels of the prosecutor or complaint in manner aforesaid, and in default of 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. Q. 1. WARRANT OF DISTRESS FOR COSTS UPON AN ORDER FOR Sched. Q. 1. To the constable of and to all other peace officers in the said parish of 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.) |
