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Justices of the Peace, doc.

and all costs and charges of the said distress, and also the costs and
charges of the commitment and conveying of the defendant to prison,
if such Justice or Justices shall think fit so to order, shall be sooner
paid.

Imprisonment 24. And be it enacted that where a Justice or Justices of the ... ." Peace shall upon any such information or complaint as aforesaid o adjudge the defendant to be imprisoned, and such defendant shall then ...'..." be in prison undergoing imprisonment upon a conviction for any other offence, the warrant of commitment for such subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same shall be directed ; and it shall be lawful for the Justice or Justices issuing the same, if the or they shall think fit, to award and order therein and thereby that the imprisonment for such subsequent offence shall commence at the expiration of the imprisonment to which such

defendant shall have been previously adjudged or sentenced.

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If information be 25. And be it enacted that where any information or complaint *::::::::1 shall be dismissed with costs as aforesaid, the sum which shall be jo" awarded for costs in the order for dismissal may be levied by distress o; (Q 1) on the goods and chattels of the prosecutor or complainant in m. o. oom.” manner aforesaid; and in default of distress or payment such prosecutor mitted or complainant may be committed (Q 2) to the house of correction, common gaol or lock-up house in manner aforesaid, for any time not exceeding one calendar month, unless such sum and all costs and charges of the distress and of the commitment and conveying of such prosecutor or complainant to prison (the amount thereof being ascer

tained and stated in such commitment) shall be sooner paid.

After appeal 26, And be it enacted that after an appeal against any such conagainst convic- viction or order as aforesaid shall be decided, if the same shall be o: decided in favour of the respondents, the Justice or Justices who made i.wo." such conviction or order or any other Justice of the Peace of the said ...tion of the Colony may issue such warrant of distress or commitment as aforesaid 8&n 10 for execution of the same as if no such appeal had been brought; and if upon any such appeal the Court of Quarter Sessions shall order either party to pay costs, such order shall direct such costs to be paid to the Clerk of the Peace of such Court to be by him paid over to the party entitled to the same, and shall state within what time such costs shall be paid ; and if the same shall not be paid within the time so limited, and the party ordered to pay the same shall not be bound by costs of appeal, any recognizance conditioned to pay such costs, such Clerk of the Peace how recovered or his deputy, upon application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of one shilling, shall grant to the party so applying a certificate (F) that such costs have not been paid; and upon production of such certificate to any Justice or Justices of the Peace for the said Colony it shall be lawful for him or them to enforce the payment of such costs by warrant of distress (S 1) in manner aforesaid, and in default of distress he or they may commit (S 2) the party against whom such warrant shall have issued in manner hereinbefore mentioned for any time not exceeding three calendar months, unless the amount of such costs and all costs and charges of the distress, and also the costs of the commitment and conveying of the said party to prison, if such Justice or Justices shall think fit so to

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Justices of the Peace, doc.

order (the amount thereof being ascertained and stated in such commitment), shall be sooner paid.

27. And be it enacted that in all cases where any person against whom a warrant of distress shall issue as aforesaid shall pay or tender to the Constable having execution of the same the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of such payment or tender, such Constable shall cease to execute the same; and in all cases in which any person shall be imprisoned as aforesaid for non-payment of any penalty or other sum he may pay or cause to be paid to the Keeper of the prison in which he shall be so imprisoned the sum in the warrant of commitment mentioned, together with the amount of the costs, charges and expenses (if any) therein also mentioned, and the said Keeper shall receive the Same, and shall thereupon discharge such person, if he be in his custody for no other matter.

28. And be it enacted that in all cases of summary proceedings before a Justice or Justices of the Peace out of Sessions upon any information or complaint as aforesaid it shall be lawful for one Justice to receive such information or complaint and to grant a summons or Warrant thereon, and to issue his summons or warrant to compel the attendance of any witnesses and to do all other necessary acts and matters preliminary to the hearing, even in cases where by Statute or Ordinance in that behalf such information or complaint must be heard and determined by two or more Justices; and after the case shall have been So heard and determined one Justice may issue all warrants of distress or commitment thereon; and it shall not be necessary that the Justice who so acts before or after such hearing shall be the Justice or One of the Justices by whom the said case shall be heard and determined : Provided always that in all cases where by Statute or Ordinance it is or shall be required that any such information or complaint shall be heard and determined by two or more Justices, or that a conviction or order shall be made by two or more Justices, such Justices must be present and acting together during the whole of the hearing and determination of the case.

29, And be it enacted that the fees to which any Clerk of the Peace, Clerk of the Special Sessions or Clerk of the Petty Sessions or Clerk to any Justice or Justices out of Sessions shall be entitled shall be ascertained, appointed and regulated in manner following, that is to Say:—The Justices of the Peace at their Quarter Sessions shall from time to time, as they shall see fit respectively, make tables of the fees which in their opinion should be paid to the Clerks of the Peace, to the Clerks of Special and Petty Sessions and to the Clerks of the Justices of the Peace within their several districts, and which said tables respectively, being signed by the Chairman of every such Court of Quarter Sessions, shall be laid before His Excellency the Governor, and it shall be lawful for the said Governor, if he thinks fit, to alter such table or tables of fees and to subscribe a certificate or declaration that such fees are proper to be demanded and received by the several Clerks of the Peace, Clerks of Special Sessions and Petty Sessions, and the Clerks to the several Justices of the Peace throughout the Colony: and the said Governor shall cause copies of such table or set of tables of fees to be transmitted to the several Clerks of the Peace in the

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Penalty for an offence when uncertain in the (liscretion of the Magistrate

Application of penalty

Justices may adjudge that no part of the penalty be paid to the informer

In cases where two or more Justices are required by law to adjudicate, one Justice shall be sufficient, if there be no other resident within, or can be found within twenty miles

Provided that such non-residence be men

Justices of the Peace, doc.

Colony, Clerks of Special Sessions and Petty Sessions, and to the Clerks of the Justices within their several districts respectively; and if, after such copy shall be received by such Clerks or Clerk, he or they shall demand or receive any other or greater fee or gratuity for any business or act transacted or done by him as such Clerk than such as is set down in such table or set of tables, he shall forfeit for every such demand or receipt the sum of twenty pounds, to be recovered by action of debt in any superior Court of law in this Colony by any person who will sue for the same: Provided always that until such table or set of tables shall be framed and confirmed and distributed as aforesaid, it shall be lawful for such Clerks or Clerk to demand and receive such fees as they are now by any rule or regulation of a Court of Quarter Sessions or otherwise authorised to demand and receive.

30. And be it enacted that in all cases where by an Act or Ordimance a pecuniary penalty of uncertain amount shall have been or shall be imposed, that is to say, a penalty or sum not exceeding a certain amount, or a penalty or sum of not less or more than certain amounts in that behalf respectively specified, the amount of every such penalty (within the limits so prescribed), shall be in the discretion of the convicting Justice or Justices; and that every penalty awarded by such Justice or Justices shall in all cases (except when otherwise provided by any such Act or Ordinance) go and be distributed, one moiety thereof to the use of Her Majesty, Her heirs and successors, for the public uses of this Colony and the support thereof, and the other moiety to the use of the informer or party prosecuting, who shall also be in all cases entitled to his or her costs and charges over and above the penalty to be ascertained and assessed as aforesaid.

31. Provided that in order to discourage corrupt practices by common informers it shall be lawful for the Justice or majority of the Justices before whom any conviction shall be had, although any part of a penalty shall be directed to be paid to the informer by any Act or Ordinance, to adjudge that no part or such part only of the penalty as he or they shall think fit shall be paid to the informer.

32, And whereas great inconvenience has been felt in several instances from want of power in one Justice of the Peace residing in a remote district to adjudicate or act in cases in which the presence of two or more Justices is required by law: Be it enacted that when and so often as any Justice of the Peace shall receive any application, information or complaint touching any license, matter or proceeding which and by any Act or Ordinance now or hereafter to be in force in this Colony is directed to be granted, heard, determined or done by, or before two or more Justices of the Peace, and it shall so happen that no other Justice of the Peace is permanently resident or can be found at the time within twenty miles from the residence of the Justice receiving such application, information or complaint, then in such case it shall be lawful for such last-mentiomed Justice to grant, hear and determine any such license, matter, or proceeding, and to do all things incident or collateral thereto respectively, as fully and effectually to all intents and purposes as any two or more Justices are or shall be by any such Act or Ordinance required or empowered to do: Provided that such Justice shall specially mention the fact of the non-residence Justices of the Peace, doc.

of any other Justice within the distance aforesaid, in any license, recognizance, or conviction made or taken by him, and that such license, recognizance, order, or conviction was made or taken by him under and by virtue of the power and authority so given him by this Ordinance: Provided also that no license granted as aforesaid by any one Justice shall be valid if a license for the same purpose shall have been previously refused by any other Justice or Justices of the same district within which such granting Justice shall be resident : Provided further that no such single Justice shall proceed to inflict any corporal punishment by whipping, or to cause any offender to be worked

in irons until the sentence shall be approved by His Excellency the Governor.

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To A.B., of (Labourer).

Whereas information hath this day been laid (or complaint hath this day been made) before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that you (here state shortly the matter of the information or complaint): These are therefore to command you in Her Majesty's name to be and appear on at o'clock in the forenoon at before such Justices of the Peace for the said Colony as may then be there to answer to the said information (or complaint), and to be further dealt with according to law.

Given under my hand and seal this day of in the year of Our Lord at in the Colony aforesaid.

J.S. (L.S.)

(B)
WARRANT WHER: THE SUMMONS IS DISOBEYED

To the Constable of and to all other Peace Officers in the said Colony. Whereas on last past information was laid (or complaint was made) before the undersigned (one) of Her Majesty's Justices of the Peace in

tioned in the license, &c., and such license, &c., has not been before refused ;

but no sentence of such single Justice inflicting corporal punishment or working in irons shall be carried into effect until sanctioned by the Governor

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Justices of the Peace, &c.

and for the said Colony of Western Australia, for that A.B. (£c., as in the summons): And whereas I then issued my summons unto the said A.B., commanding him in Her Majesty's name to be and appear on at o'clock in the forenoon at before such Justices of the Peace for the said Colony as might then be there to answer to the said information (or complaint), and to be further dealt with according to law: And whereas the said A.B. hath neglected to be or appear at the time and place so appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons hath been duly served upon the said A.B.: These are therefore to command you in Her Majesty’s name forthwith to apprehend the said A.B., and to bring him before some one or more of Her Majesty's Justices of the Peace in and for the said Colony to answer to the said information (or complaint), and to be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid. J.S. (L.S.)

(C)
WARRANT IN THE FIRST INSTANCE

To the Constable of and to all other Peace Officers in the said Colony of Western Australia.

Whereas information hath this day been laid before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that A.B. (here state shortly the matter of the information); and oath being now made before me substantiating the matter of such information : These are therefore to command you in Her Majesty's name forthwith to apprehend the said A.B. and to bring him before some one or more of Her Majesty's Justices of the Peace in and for the said Colony to answer to the said information and to be further dealt with according to law.

Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid.

J.S. (L.S.)

(D) WARRANT OF COMMITTAL FOR SAFE CUsToDY DURING AN ADJournMENT OF THE HEARING

To W.T., Constable of and to the Keeper of the (House of
Correction) at
Whereas on 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 Colony of Western Australia, for that (doc., as in the summons): And whereas the hearing of the same is adjourned to the day of instant at - o'clock in the forenoon, at and it is necessary that the said A.B. should in the meantime be kept in safe custody: These are therefore to command you the said Constable, in Her Majesty's name, forthwith to convey the said A.B. to the (House of Correction) at and there deliver him into the custody of the Keeper thereof, together with this precept; and I hereby command you the said Keeper to receive the said A.B. into your custody in the said House of Correction, and there safely keep him until the day of instant, when you are hereby required to convey and have him, the said A.B., at the time and place to which the said hearing is so adjourned as aforesaid, before such Justices of the Peace for the said Colony as may then be there to answer further to the said information (or complaint) and to be further dealt with according to law. Given under my hand and seal this day of in the year of our Lord at in the Colony aforesaid. J.S. (L.S.)

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