Justices, summary offences (1850) (WA)

WESTERN AUSTRALIA

ANNO QUARTODEMMO

VICTORIA REGINA3

No. 5

An Ordinance to facilitate the performance of the Duties of Justices of the Peace out of Sessions within the Colony of Western Australia with respect to Sum- mary Convictions and Orders.

[Assented to 2nd December, 1850.

HEREAS it would conduce much to the improvement of the

Wso far as regards summary convictions and orders to be made by Heradministration of justice in the Colony of Western Australia

Majesty's Justices of the Peace therein, if the duties of such Justices in respect of such summary convictions and orders were clearly defined by positive enactment : Be it therefore declared and enacted

14 VICTORLE. No. 5

Justices of the Peace, du.

by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that in all

information shallIn all cases wheat cases where an information shall be laid before one or more of Her

be kid or corn- Majesty's Justices of the Peace for the said Colony that any person has

plaint made of committed or is suspected to have committed any offence or act withinoffences com-

mitted, Justices the jurisdiction of such Justice or Justices for which he is liable by

may law, upon a summary conviction for the same before a Justice or Justices of the Peace, to be imprisoned or fined or otherwise punished, and also in all cases where a complaint shall be made to any such Justice or Justices upon which he or they shall have authority by law to make any order for the payment of money or otherwise, then, and in every such case, it shall be lawful for such Justice or Justices of the

issue summons Peace to issue his or their summons (A) directed to such person, stating

to persons to

answer the same

shortly the matter of such information or complaint, and requiring him to appear at a certain time and place before the said Justice or Justices, or before such other Justice or Justices of the said Colony as shall then be there, to answer to the said information or complaint and to be

How summons further dealt with according to law, and every such summons shall be

to be served served by a Constable or Peace Officer or other person to whom the

same shall be delivered upon the person to whom it is so directed by delivering the same to the party personally or by leaving the same with some person for him at his last or most usual place of abode, and the Constable, Peace Officer or person who shall serve the same in manner aforesaid shall attend at the time and place and before the Justices in the said summons mentioned to depose, if necessary, to the service of

Justice not the said summons : Provided always that nothing herein mentioned

summons in

obliged to issue shall oblige any Justice or Justices of the Peace to issue any such

certain cases summons in any case where the application for any order of Justices is

No objection by law to be made ex party ; provided also that no objection shall be

of form

allowed for want taken or allowed to any information, complaint or summons for any

alleged defect therein in substance or in form, or for any variance between such information, complaint or summons and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint as hereinafter mentioned, but if any such variance shall appear to the Justice or Justices present and acting at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day.

If summons be

2. And be it enacted that if the person so served with a summons

'Eks may issue an°t theYedi Jus' as aforesaid shall not be and appear before the Justice or Justices at warrant, the time and place mentioned in such summons, and it shall be made

to appear to such Justice or Justices by oath or affirmation that such summons was so served at what shall be deemed by such Justice or Justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information or complaint to his or their satisfaction, to issue his or their warrant (B) to apprehend the party so summoned, and to bring him before the same Justice or Justices or before some other Justice or 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 ; or upon such

14 VICTORIZE. No. 5

Justices of the Peace, the.

information being laid as aforesaid, for any offence punishable on con- o:atgAsin	ie
viction, the Justice or Justices before whom such information shall have first instan	ce

been laid, may if he or they shall think fit, upon oath or affirmation being made before him or them, substantiating the matter of such information to his or their satisfaction, instead of issuing such sum- mons as aforesaid, issue in the first instance his or their warrant (C) for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or Justices or some other Justice or Justices of the Peace for the said Colony to answer to the said information and to be further dealt with according to law ; or if where a summons shall be issued as aforesaid, and upon the day and at the place appointed in and by the said summons for the appearance of the party so summoned, such party shall fail to appear s?re suTilas, y

accordingly in obedience to such summons, then and in every such case,	rv	vi:f b	odtu
if it be proved upon oath or affirmation to the Justice or Justices then sbe	l rye, the

present that such summons was duly served upon such party a reason- protects:a/ark

able time before the time so appointed for his appearance as aforesaid,

it shall be lawful for such Justice or Justices of the Peace to proceed

ex parte to the hearing of such information or complaint, and to

adjudicate thereon as fully and effectually to all intents and purposes, as if such party had personally appeared before him or them in obedience to such summons.

3. And be it enacted that every such warrant to apprehend a For

_ In of warrant

defendant that he may answer to any such information or complaint as aforesaid, shall be under the hand and seal or hands and seals of the Justice or Justices issuing the same, and may be directed either to any Constable or other person by name or generally to the Constable of the district within which the same is to be executed, without naming him or to such Constable or all other Constables within the said Colony or generally to all the Constables within the said Colony, and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the Constable or other person to whom it is directed, to apprehend the said defendant and to bring him before one or more Justice or Justices or the Peace (as the case may require) of the said Colony, to answer to the said information or complaint and to be further dealt with according to law ; and that it shall not be necessary to make such warrant returnable at any par- when and how

titular time, but the same may remain in full force until it shall be e;ftemejetdmaY he

executed ; and such warrant may be executed by apprehending the defendant at any place within the said Colony ; and in all cases where such warrant shall be directed to all Constables or Peace Officers within the said Colony, to execute such warrant in like manner as if such warrant were directed specially to such Constable by name, and not- withstanding that the place in which such warrant shall be executed shall not be within the district for which be shall be such Constable or other Peace Officer : Provided always that no objection shall be 17;045:i:1e:-

taken or allowed to any such warrant to apprehend a defendant so

issued upon any such information or complaint as aforesaid, under or

vilir .

ti7 for

by virtue of this Ordinance for any alleged defect therein in substance bet3; een i

alleged:ITrra

tt d

or in form or for any variance between this and the evidence adduced atider	edder
on the part of the informant or complainant as hereinafter mentioned ; but if any such variance shall appear to the Justice or Justices present

14 VICTORIA-E. No. 5

Justices of the Peace, etc.

but if the party and acting at such hearing, to be such that the party so apprehended

charged is de-

eeived by theunder such warrant has been thereby deceived or misled, it shall be

variation, he may lawful for such Justice or Justices upon such terms as he or they shall

be committed or

discharged upon think fit to adjourn the hearing of the case to some future day, and in

recognizance; the meantime to commit (D) the said defendant to the house of cor-

rection or other prison, lock-up house or place of security or to such

other custody as the said Justice or Justices shall think fit or to dis- charge him upon his entering into a recognizance (E) with or without surety or sureties at the discretion of such Justice or Justices, condi- tioned for his appearance at the time and place to which such hearing

reappear the

but if he fail to shall be so adjourned : Provided always that in all cases where a

Justice may defendant shall be discharged upon recognizance as aforesaid, and shall

transmit the

mcognizance tonot afterwards appear at the time and place in such recognizance men-

the Clerk of the tioned, then the said Justice who shall have taken the said recognizance

Peace or any Justice or Justices who may then be there present, upon certi- fying (F) upon the back of the said recognizance the non-appearance of the defendant, may transmit such recognizance to the Clerk of the Peace of the place within which such recognizance shall have been taken, to be proceeded upon hi like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said defendant.

the property of

Description of

4. And be it enacted that in any information or complaint or the proceedings thereon in which it shall be necessary to state the owner- ship of any property belonging to or in the possession of partners, joint- tenants, parceners or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others as the case may be, and whenever in any information or complaint or the proceedings thereon it shall be necessary to mention for any purpose whatsoever any partners, joint- tenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid; and all property of any persons described in any Act or Ordinance now made or hereafter to be made or in any charter or letters of incorporation now in existence or here- after to be granted, as commissioners, directors, trustees or by any other general designation whatsoever may be described as the property of such commissioners, directors, trustees or by any other general designation without naming them.

partners, &a.

Prosecution and

5. And be it enacted that every person who shall aid, abet, counsel

punishment of

alders and

or procure the commission of any offence which is or hereafter shall be

abettors in the

commission of

punishable on summary conviction shall be liable to be proceeded

offences

against and convicted for the same, either together with the principal offender or before or after his conviction, and shall he liable on con- viction to the same forfeiture and punishment as such principal offender is or shall be by law liable, and may be proceeded against and con- victed either in the district or place where such principal offender may be convicted or in that in which such offence of aiding, abetting, counselling or procuring may have been committed.

Power to Justice

to summon wit-	6. And be it enacted that if it shall be made to appear to any that any person within the jurisdiction of such Justice is likely to give material evidence in behalf of the prosecutor or complainant or defen- dant, and will not voluntarily appear for the purpose of being examined
nesses to attend	Justice of the Peace by the oath or affirmation of any credible person

and give evidence

14 VICTORDE. No. 5

Justices of the Peace, dc.

as a witness at the time and place appointed for the hearing of such information or complaint, such Justice may and is hereby required to issue his summons (G 1) to such person under his hand and seal, requiring him, to be and appear at the time and place mentioned in such summons before the said Justice or before such other Justice or Justices of the Peace for the said Colony as shall then be there to testify what he shall know concerning the matter of the said informa- tion or complaint ; and if any person so summoned shall neglect or If summons be

refuse to appear at the time and place appointed by the said summons 1.1.1°14V:env and no just excuse shall be offered for such neglect or refusal, then issue warrant (after proof upon oath or affirmation of such summons having been

served upon such person either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum was paid or tendered to him for his costs and expense in that behalf) it shall be lawful for such Justice or Justices before whom such person shall have appeared, to issue a warrant (G 2) under his or their hands and seals to bring and have such person, at a time and place to be therein mentioned, before the Justice who issued the said summons or before such other Justice or Justices of the Peace for the said Colony as shall then be there to testify as aforesaid ; or if such Justice shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence without being compelled to do so, then instead of issuing such summons it shall be lawful for him to issue his warrant (G 3) in the first in- In certain GISCS

stance, and if on the appearance of such person so summoned before It	li'iaa	"in the
the last mentioned Justice or Justices, either in obedience to the said	fi	rs r	t instance

summons or upon being brought before him or them by virtue of the said warrant such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him without offering any just excuse for such refusal, any Justice of the Peace then present and having there jurisdiction may by warrant (G 4) under his hand and seal commit the person so refusing to the persons appnr.

common gaol or house of correction for the place where such person trefsZgr

so refusing shall then be, there to remain or be imprisoned for any be examined maybe committed

time not exceeding seven days, unless he shall in the meantime con-

sent to be examined and to answer concerning the premises.

7. And be it enacted that in all cases of complaints upon which a Justice or Justices of the Peace may make an order for the payment of	Complaints for
an order need
not be in writing
money or otherwise it shall not be necessary that such complaint shall be in writing unless it shall be required to be so by some particular Act or Ordinance upon which such complaint shall be framed.
8. And be it declared and enacted that in all cases of informations for any offences or acts punishable upon summary conviction any	As to proceedingsupon informa-
tions for offences punishable on
variance between such information and the evidence adduced in sup-	summary
port thereof as to the time at which such offence or act shall be alleged	convictions
to have been committed shall not be deemed material if it be proved that such information was in fact laid within the time limited by law for laying the same ; and any variance between such information and the evidence adduced in support thereof as to the district or place in which the offence or act shall be alleged to have been committed shall

14 VICTORIE. No. 5

Justices of the Peace, de.

not be deemed material, provided that the offence or act be proved to have been committed within the jurisdiction of the Justice or Justices by whom such information shall be heard and determined ; and if any

The party such variance or any variance in any other respect between such infor-

claged, if de.

caved by varitk illation and the evidence adduced in support thereof, shall appear to

tion between information andthe Justice or Justices present and acting at the hearing to be such evidence, may be that the party charged by such information has been thereby deceived committed or or misled, it shall be lawful for such Justice or Justices upon such

discharged upon

recognizance ; terms as he or they shall think fit, to adjourn the hearing of the case

to some future day, and in the meantime to commit (D) the said defendant to the house of correction or other prison, lock-up house or place of security or to such other custody as the said Justice or Justices shall think fit or to discharge him upon his entering into a recognizance (E) with or without surety or sureties at the discretion of such Justice or Justices conditioned for his appearance at the time and place to

but if be fail to which such hearing shall be so adjourned : Provided always that in all

reappear the

Justice maycases where a defendant shall be discharged upon recognizances afore-

transmit the

said and shall not afterwards appear at the time and place in such

re	cognizan	ce	to	recognizance mentioned, then the said Justice who shall have taken
the	Clerk	of	the

Peace

the said recognizance or any Justice or Justices who may then be there present, upon certifying (F) upon the back of the said recognizance the non-appearance of the defendant, may transmit such recognizance to the Clerk of the Peace of the place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima

facie evidence of such non-appearance of the said defendant.

Manner of

9. And be it declared and enacted that every such complaint upon

Ina!cmg ""1- plaint or layingwhich a Justice or Justices of the Peace is or are or shall be authorised

information by law to make an order, and that every information for any offence

or act punishable upon summary conviction, unless some particular Act or Ordinance shall otherwise require, may respectively be made or laid without any oath or affirmation being made of the truth thereof ; except in cases of informations where the Justice or Justices receiving the same shall thereupon issue his or their warrant in the first instance

when warrant to apprehend the defendant as aforesaid, and in every such case whereissued in the first instanceinforma- the Justice or Justices shall issue his or their warrant in the first 'lion to be upon instance, the matter of such information shall be substantiated by theoath, &c.

oath or affirmation of the informant or by some witness or witnesses on his behalf, before any such warrant shall be issued ; and every such complaint shall be for one matter of complaint only, and not for two matters of complaint ; and every such information shall be for one offence only and not for two or more offences ; and every such com- plaint or information may be laid or made by the complainant or informant in person or by his counsel or attorney or other person authorized in that behalf.

Time limited for

10. And be it enacted that in all cases where no time is already or

such complaint shall be hereafter specially limited for making any such complaint or

or information

laying any such information in the Act or Acts or Ordinance or Ordinances relating to each particular case, such complaint shall be made and such information shall be laid within six calendar months from the time when the matter of such complaint or information respectively arose.

14 VICTORIA. No. 5

Justices of the Peace, de.

11. And be it enacted that every such complaint and information As to the hearing

shall be heard, tried, determined and adjudged by one or two or more of comp/ands or	informations
Justice or Justices of the Peace as shall be directed by the Act or Ordinance upon which such complaint or information shall be framed or such other Act or Acts or Ordinance or Ordinances as there may be in that behalf ; and if there be no such direction in any such Act or Ordinance, then such complaint or information may be heard, tried,

Peace for the said Colony ; and the room or place in which such Justice Maces in which

determined and adjudged by one or more Justice or Justices of the

or Justices shall sit to hear and try any such complaint or information, t;'7,te,i,,."eseint shall be deemed an open or public Court, to which the public generally Plaints to tio

may have access, so far as the same can coveniently contain them ; and coma

al an open

the party against whom such complaint is made or information laid

shall be admitted to make his full answer and defence thereto, and to

have the witnesses examined and cross-examined by counsel or attorney roarp ies tlyinevocit

in his behalf ; and every complainant or informant in any such case eel or attorney

shall be at liberty to conduct such complaint or information respectively,

and to have the witnesses examined and cross-examined by counsel or

attorney in his behalf ; and if any person shall wilfully insult any Persons gu i lty of

Justice or Justices sitting in such Court or any Justice or Justices cotratighabie

sitting in any Court of Petty Sessions or shall commit any contempt 1): fizie "

of any such Court, it shall be lawful for such Justice or Justices by Prismimel

any verbal order to direct such person to be taken into custody, and

at any time before the rising of such Court by warrant under his or

their hand and seal, to commit such person to any gaol or lock-up

house of the Colony for any period not exceeding seven days, or to fine

such person in any sum not exceeding forty shillings, which in case of

non-payment may be levied in like manner as other fines or penalties.

12. And be it enacted that if at the day and place appointed in If defendant deer and by the summons aforesaid for hearing and determining such tre=prrt,.".,td complaint or information, the defendant against whom the same shall 10 hefir ana.

have been made or laid shall not appear when called, the Constable or w, and

otherperson who shall have served him with the summons in that tin'eltl'ae.

insig

summons; and if it appear to the satisfaction of any Justice or Justices

that he duly served the said summons, in that case such Justice or

behalf, shall then declare upon oath in what manner he served the said apprehended such defendant, or the said Justice or Justices, upon the non-appearance of such defendant as aforesaid, may, if he or they think fit, issue his or their warrant in manner hereinbefore directed, and shall adjourn the hearing of the said complaint or information until the said de- fendant shall be apprehended, and when such defendant shall be after- wards apprehended under such warrant he shall be brought before the same Justice or Justices or some other Justice or Justices of the said Colony, who shall thereupon, either by his or their warrant (H), commit such defendant to the house of correction or other prison, lack-up house or place of security, or, if he or they shall think fit, verbally to the custody of the Constable or other person who shall have apprehended him, or to such other safe custody as he or they shall deem fit, and order the said defendant to be brought up at a certain time and place before such Justice or Justices of the Peace as shall then be there, of which said order the complainant or informant

14 VICTORI/E. No. 5

Justices of the Peace, the.

If'iefem/ant

appear and com-	shall have due notice, of if upon the day and place so appointed as
odium, sm.,	aforesaid such defendant shall attend voluntarily in obedience to the

does not, Justice summons in that behalf served upon him, or shall be brought beforemay dismiss the

complain, itc., the said Justice or Justices by virtue of any warrant, then if the cora-	or, at discretion, plainant or informant having had such notice as aforesaid do notadjourn hearing
and commit or appear by himself, his counsel or attorney, the said Justice or Justices
Tost27agnet upon shall dismiss such complaint or information, unless for some reasonrecognizance ; he or they shall think proper to adjourn the hearing of the same unto

some other day, upon such terms as he or they shall think fit, in which case such Justice or Justices may commit (D) the defendant in the meantime to the house of correction or other prison, look-up house or place of security, or to such other custody as such Justice or Justices shall think fit, or may discharge him upon his entering into a recognizance (E), with or without surety or sureties, at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing shall be so adjourned,

but if be fail to and if such defendant shall not afterwards appear at the time and

reappear th Suplace mentioned in such recognizance, then the said Justice who shall

ticemay transmit s- the Peace then there be present, upon certifying (F) on the back of the recog-to the Clerk of

the recognizance have taken the said recognizance or any Justice or Justices who may

nizance the non-appearance of the defendant, may transmit such recognizance to the Clerk of the Peace, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said

If both parties defendant ; but if both parties appear, either personally or by their

appear Justiceo

hear and deter- respective counsel or attorneys, before the Justice or Justices who are mine the case to hear and determine such complaint or information, then the said

Justice or Justices shall proceed to hear and determine the same.

Proceedings on

13. And be it enacted that where such defendant shall be present

the hearing

complaints and at such hearing the substance of the information or complaint shall be

informations stated to him, and he shall be asked if he have any cause to show why

he should not be convicted or why an order should not be made against him, as the case may be, and if he thereupon admit the truth of such information or complaint and show no cause or no sufficient cause why he should not be convicted or why an order should not be made against him, as the case may be, then the Justice or Justices present at the said hearing shall (if they see no sufficient reason to the con- trary) convict him or make an order against him accordingly, but if he do not admit the truth of such information or complaint as afore- said, then the said Justice or Justices shall proceed to hear the prose- cutor or complainant and such witnesses as he may examine, and such other evidence as he may adduce in support of his information or complaint respectively, and also to hear the defendant and such wit- nesses as he may examine, and such other evidence as he may adduce in his defence, and also to bear such witnesses as the prosecutor or complainant may examine in reply if such defendant shall have examined any witnesses or given any evidence other than as to his the defendant's general character ; but the prosecutor or complainant shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant be entitled to make any observations in reply upon the evidence given by the prosecutor or complainant in reply as aforesaid ; and the said Justice or Justices having heard what each party shall have to say as aforesaid and the

14 VICTORIA No. 5

Justices of the Peace, dc.

witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order upon the defendant, or dismiss the information or complaint, as the case may be, and if he or they convict or make an order against the defendant, a minute or memorandum thereof shall then be made, for which no

fee shall be paid, and the conviction (I 1, 3) or order (K 1, 3) shall Pr!" 'Vac?"'k.

afterwards be drawn up by the said Justice or Justices in proper form tr heeteer

.under his or their hand and seal or hands and seals, and he or they shall cause the same to be lodged with the Clerk of the Peace to be by him filed among the records of the General Quarter Sessions of the Peace, or if the said Justice or Justices shall dismiss such infor- mation or complaint, it shall be lawful for such Justice or Justices, if he or they shall think fit, being required so to do, to make an order of dismissal of the same (L), and shall give the defendant in that behalf a certificate thereof (M), which said certificate afterwards, upon being produced without further proof, shall be a bar to any subsequent information or complaint for the same matters respectively against the same party : Provided always that if the information or complaint in any such case shall negative any exemption, exception, proviso or c2f.govpi=

condition in the Statute or Ordinance on which the same shall be information or

framed, it shall not be necessary for the prosecutor or complainant in °"191al"t

that behalf to prove such negative, but the defendant may prove the

affirmative thereof in his defence if he would have the advantage of

the same.

14. And be it enacted that every prosecutor of any such inform- Prosecutors mid

tion, not having any pecuniary interest in the result of the same, and ceecirmtzlaignasiesit.stion

every such prosecutor having a pecuniary interest in the result of the bode-Tint=

same, who under any Act or Acts or Ordinance or Ordinances, is ren-

examined

dered a competent witness notwithstanding such interest, and every upon oath, ctc.

complainant in any such complaint as aforesaid, whatever his interest

may be in the result of the same, shall be a competent witness to

support such information or complaint respectively ; and every witness

at any such hearing as aforesaid shall be examined upon oath or

affirmation, and the Justice or Justices before whom any such witness

shall appear for the purpose of being so examined, shall have full

power and authority to administer to every such witness the usual

oath or affirmation.

15. And be it enacted that before or during such hearing of any Power toJustices

such information or complaint, it shall be lawful for any one Justice tipetigaim

or for the Justices present in his or their discretion to adjourn the and rcommit

hearing of the same to a certain time or place to be then appointed j

stez../alit

tn %

and stated in the presence and hearing of the party or parties or their anniaia°a	auis	„0,
respective attorneys or agents then present, and in the meantime the his own
commit (D) him (in any case where a committal can now be made) to the common gaol or house of correction or other prison, lock-up house or place of security in the district or place for which such Justice or
said Justice or Justices may suffer the defendant to go at large or may rengilizan"; Justice or Justices shall think fit or may discharge such defendant upon his entering into a recognizance (E) with or without surety or sureties at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing or further

14 VICTORI.E. No. 5

Justices of the Peace, the.

but if he fail to	hearing shall be adjourned ; and if at the time or place to which such
reappear the
Justice may	hearing or further hearing shall be so adjourned, either or both of the
transmit the	parties shall not appear personally or by his or their counsel or
recognizance to
the Clerk of the	attorneys respectively before the said Justice or Justices or such other
Peace	Justice or Justices as shall then be there, it shall be lawful for the Justice or Justices then there present to proceed to such hearing or further hearing as if such party or parties were present ; or if the pro- secutor or complainant shall not appear, the said Justice or Justices may dismiss such information or complaint with or without costs as to such Justices shall seem fit : Provided always that in all cases where a defendant shall be discharged on recognizance as aforesaid, and shall not afterwards appear at the time or place mentioned in such recog- nizance, then the said Justice or Justices who shall have taken the said recognizances or any other Justice or Justices who may then be there present, upon certifying (F) on the back of the recognizance the non-appearance of such accused party, may transmit such recognizance to the Clerk of the Peace of the place within which such recognizance shall have been taken to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima
facie evidence of such non-appearance of the said defendant.
Form of convic-	16. And be it enacted that in all cases of conviction where no particular form of such conviction is or shall be given by the Statute or Ordinance creating the offence or regulating the prosecution for the same, and in all cases of conviction upon Statutes or Ordinances hitherto passed, whether any particular form of conviction has been therein given or not, it shall be lawful for the Justice or Justices who shall so convict, to draw up his or their conviction on parchment or on paper in such one of the forms of conviction (I 1, 3) in the Schedule to this Ordinance contained, as shall be applicable to such case or to the like effect ; and where an order shall be made, and no particular form of order is or shall be given by the Statute or Ordinance giving authority to make such order, and in all cases of orders to be made under the authority of any Statutes or Ordinances hitherto passed, whether any particular form of order shall therein be given or not, it shall be lawful for the Justice or Justices by whom such order is to be made to draw up the same in such one of the forms of orders (K 1, 3) in the Schedule to this Ordinance contained, as may be applicable to such case or to the like effect ; and in all cases where by any Act or Ordinance authority is given to commit a person to prison or to levy any sum upon his goods or chattels by distress for not obeying any order of a Justice or Justices, the defendant shall be served with a copy of the minute of such order before any warrant of commitment or of distress shall issue
tions and orders
in that behalf; and such order or minute shall not form any part of
such warrant of commitment or of distress.
Power to Justice

to award costs

17. And be it enacted that in all cases of summary conviction or

shall be specified	of orders made by a Justice or Justices of the Peace, it shall be lawful
III conviction or
order of dis-	for the Justice or Justices making the same, in his or their discretion,
missal, and may	to award an order in and by such conviction or order that the defendant
he recovered by
distress	shall pay to the prosecutor or complainant respectively such costs as to such Justice or Justices shall seem just and reasonable in that behalf ; and in cases where such Justice or Justices, instead of con- victing or making an order as aforesaid, shall dismiss the information

14 VICTORI)E. No. 5

Justices of the Peace, etc.

or complaint, it shall be lawful for him or them, in his or their discre- tion, in and by his or their order of dismissal, to award and order that the prosecutor or complainant respectively shall pay to the defendant such costs as to such Justice or Justices shall seem just and reason- able ; and the sums so allowed for costs shall in all cases be specified in such conviction or order of dismissal aforesaid, and the same shrill be recoverable in the same manner and under the same warrants as any penalty or sum of money adjudged to be paid in and by such conviction or order is to be recoverable ; and in cases where there is no such penalty or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of such distress, by imprisonment, with or without hard labour, for any time not exceeding one calendar month, unless such costs shall be sooner paid.

18. And be it enacted that where a conviction adjudges a pecuniary Power to Justice penalty or compensation to be paid, or where an order requires the ta yiss'ietnnita"t payment of a sum of money, and by the Statute or Ordinance autho-

rising such conviction or order, such penalty, compensation, or sum of money is to be levied upon the goods and chattels of the defendant by distress and sale thereof, and also in cases where, by the Statute or Ordinance in that behalf, no mode of raising or levying such penalty, compensation, or sum of money, or of enforcing the payment of the same, is stated or provided, it shall be lawful for the Justice or Justices making such conviction or order, or for any Justice of the Peace for the said Colony, to issue his or their warrant of distress (N 1, 2) for the purpose of levying the same, which said warrant of distress shall be in writing under the hand and seal of the Justice making the same : Provided always that whenever it shall appear to any Justice of the where the l„„.

Peace to whom application shall be made for any such warrant of iivg of jai warrant distress as aforesaid, that the issuing thereof would be ruinous to the : V fe nclarilirocrhstti defendant and his family, or wherever it shall appear to such Justice„Iheona by the confession of the defendant or otherwise, that he hath no goods may aimor chattels whereon to levy such distress, then and in every such case to prison

it shall be lawful for such Justice, if he shall deem fit, instead of issuing such warrant of distress, to commit such defendant to the house of correction, or if there be no house of correction, then to the common gaol, there to be imprisoned, with or without hard labour, for such time and in such manner as by law such defendant might be so committed in case such warrant of distress had issued, and no goods or chattels could be found whereon to levy such penalty or sum and costs aforesaid.

19. And be it enacted that in all cases where a Justice of the Justice, after

Peace shall issue any such warrant of distress, it shall be lawful for ;;;s„","slge-arrfine.t,

him to suffer the defendant to go at large, or verbally, or by a written fenaant to go at

warrant in that behalf, to order the defendant to be kept and detained If„g,U,';',',Ilesrtody

in safe custody until return shall be made to such warrant of distress, until returns hm bee

unless such defendant shall give sufficient security by recognizance or Zi'::easZtlirltytiy otherwise, to the satisfaction of such Justice, for his appearance before gigria="t him at the time and place appointed for the return of such warrant of appear the Sus-distress, or before such other Justice or Justices for the said Colony as tnig itglaey trans-

may then be there : Provided always that in all cases where a defendant recognizant to

shall give security by recognizance as aforesaid, and shall not after- 1)020100r of

14 VICTORI.E. No. 5

Justices of the Peace, &c.

wards appear at the time and place in such recognizance mentioned, then the said Justice who shall have taken the said recognizance, or any Justice or Justices who may then be there present, upon certifying (F) on the back of the recognizance the non-appearance of the defendant, may transmit such recognizance to the Clerk of the Peace, to be proceeded upon in like manner as other recognizauces, and such certificate shall be deemed sufficient prinut facie evidence of such non- appearance of the said defendant.

In default of	20. And be it enacted that if at the time and place appointed for
sufficiency of

distress Justice	the return of any such warrant of distress, the Constable who shall
may commit the	have had the execution of the same shall return (N 3) that he could
defendant to
prison	find no goods or chattels, or no sufficient goods or chattels whereon he could levy the sum or sums therein mentioned, together with the costs of or occasioned by the levying of the same, it shall be lawful for the Justice of the Peace before whom the same shall be returned to issue his warrant of commitment (N 4) under his hand and seal, directed to the same or any other Constable, reciting the conviction or order shortly, the issuing of the warrant of distress, and the return thereto, and requiring such Constable to convey such defendant to the house of correction, or if there be no house of correction, then to the common gaol, and there to deliver him to the Keeper thereof, and requiring such Keeper to receive the defendant into such house of correction or gaol, and there to imprison him, or to imprison him and keep him to hard labour in such manner and for such time as shall have been directed and appointed by the Statute or Ordinance on which the con- viction or order mentioned in such warrant of distress was founded, unless the sum or sums adjudged to be paid and all costs and charges of the distress and also the costs and charges of the commitment and conveying of the defendant to prison if such Justice shall think fit so to order (the amount thereof being ascertained and stated in such commitment) shall be sooner paid.

In an cases of

21. And whereas by some Acts or Ordinances Justices of the

penalties, con-

ictions, orPeace are authorised to issue warrants of distress to levy penalties or

orders, where the other sums recovered before them by distress and sale of the offender's

Statute

no re provides remedy i„

goods, but no further remedy is thereby provided in case no sufficient

default of dis-

trees, Justice	distress be found whereon to levy such penalties ; be it therefore
may commit	enacted that in all such cases and in all cases of convictions or orders

defendant to

prison

where the Statute or Ordinance on which the same are respectively founded provides no remedy in case it shall be returned to a warrant of distress thereon that no sufficient goods of the party against whom such warrant shall have been issued can be found, it shall nevertheless be lawful for the Justice to whom such return is made or to any other Justice of the Peace for the said Colony if he or they shall think fit by his warrant as aforesaid to commit the defendant to the house of correction, common gaol or lock-up house as aforesaid for any term not exceeding three calendar months unless the sum or sums adjudged to be paid and all costs and charges of the distress and of the commitment and conveying the defendant to prison (the amount thereof being ascertained and stated in such commitment) shall be sooner paid.

Power of Justice

22. And be it enacted that in all cases where the Statute or

to order commit- Ordinance by virtue of which a conviction for a penalty or compensation

ment in the fast

14 VICTORI)E. No. 5

Justices of the Peace, the.

or an order for the payment of money is made, makes no provision for instance for non-

such penalty or compensation or sum being levied by distress, but 1))1Y2 yn r of a

directs that if the same be not paid forthwith or within a certain time bstroOradered to

therein mentioned or to be mentioned in such conviction or order, the P

defendant shall be imprisoned, or imprisoned and kept to hard labour,

for a certain time, unless such penalty, compensation or sum shall be

sooner paid, in every such case such penalty, compensation or sum shall

not be levied by distress ; but if the defendant do not pay the same

together with costs, if awarded, forthwith or at the time specified in

such conviction or order for the payment of the same, it shall be lawful

for the Justice or Justices making such conviction or order or for any

other Justice of the Peace for the said Colony to issue his or their

warrant of commitment (0 1, 2) under his or their hand and seal or

hands and seals, requiring the Constable or Constables to whom the

same shall be directed to take and convey such defendant to the house

of correction, common gaol or lock-up house for the place aforesaid, as

the case may be, and there to deliver him to the Keeper thereof, and

requiring such Keeper to receive such defendant into such house of

correction, gaol or lock-up house, and there to imprison him, or to im-

prison him and keep him to hard labour, as the case may be, for such

time as the Statute or Ordinance on which such conviction or order is

founded as aforesaid shall direct, unless the sum or sums adjudged

to be paid and also the costs and charges of taking and conveying the

defendant to prison if such Justice or Justices shall think fit so to

order, shall be sooner paid.

23. And be it enacted that where a conviction does not order the Power to Justice

Tot-

payment of any penalty, but that the defendant be imprisoned or im-	meat
prisoned and kept to bard labour for his offence, or where an order is	conviction iB not
not for the payment of money, but for the doing of some other act, and f1	or a penalty, nor
the order for pay-

directs that in case of the defendant's neglect or refusal to do such aetIlanejtOief muonlesfil he shall be imprisoned or imprisoned and kept to hard labour, and the in Tit is tir an' defendant neglects or refuses to do such act, in every such case it shall 11"mne"',

be lawful for such Justice or Justices making such conviction or order or for some other Justice of the Peace for the said Colony to issue his or their warrant of commitment (P 1, 2) under his or their hand and seal or hands and seals, and requiring the Constable or Constables to whom the same shall be directed to take and convey such defendant to the house of correction, common gaol or lock-up house for the said district or place, as the case may be, and there to deliver him to the Keeper thereof, and requiring such Keeper to receive such defendant into such house of correction, gaol or lock-up house and there to im- prison him or to imprison and keep him to hard labour, as the case may be, for such time as the Statute or Ordinance on which such con- viction or order is founded as aforesaid shall direct ; and in all such costs may be

cases where by such conviction or order any sum for costs shall be Inenvdett%late.%

adjudged to be paid by the defendant to the prosecutor or complainant, defendant may

such sum may if the Justice or Justices shall think fit, be levied by baccuerrerittettf"

warrant of distress (P 3, 4) in manner aforesaid, and in default of

distress the defendant may if such Justice or Justices think fit be com-

mitted (P 5) to the same house of correction, common gaol or lock-up

house in manner aforesaid there to be imprisoned for 'any time not

exceeding one calendar month, to commence at the termination of the

imprisonment he shall then be undergoing, unless such sum for costs,

14 VICTORLE. No. 5

Justices of the Peace, dc.

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

for a s bse

uquent Peace shall upon any such information or complaint as aforesaid

offence to yeah

menee at expira- adjudge the defendant to be imprisoned, and such defendant shall then

eon of that for a be •

•

previous offence wc 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.

If information be 25. And be it enacted that where any information or complaint may be recovereddismissed costs shall be dismissed with costs as aforesaid, the sum which shall be

by distress upon awarded for costs in the order for dismissal may be levied by distress

who, fmproses°tor, s°' (Q 1) on the goods and chattels of the prosecutor or complainant in

maybe com•

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.

manner aforesaid ; and in default of distress or payment such prosecutor

After appeal

26. And be it enacted that after an appeal against any such con-

against °WW1°.	viction or order as aforesaid shall be decided, if the same shall be
tion or order
?Untie° may	decided in favour of the respondents, the Justice or Justices who made
issummints °I	such conviction or order or any other Justice of the Peace of the said
distress for exe-
same
cution of the	Colony may issue such warrant of distress or commitment as aforesaid 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 b

how recovered or his deputy, upon application of the party entitled to such costs or of

Costs of appeal, any recognizance conditioned to pay such costs, such Clerk of the Peace

any person on his behalf, and on payment of a fee of one shilling, shall grant to the party so applying a certificate (F) thatsuch 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

14 VICTORDE. No. 5

Justices of the Peace, &c.

order (the amount thereof being ascertained and stated in such com-

mitment), shall be sooner paid.

27. And be it enacted that in all cases where any person against On payment of

to the Constable having execution of the same the sum or sums in such levtisfrintl,mri

whom a warrant of distress shall issue as aforesaid shall pay or tender =ttgs-

warrant mentioned, together with the amount of the expenses of such is=cor

distress up to the time of such payment or tender, such Constable shall

T', shau

nail

be discharged

cease to execute the same ; and in all cases in wth

ch 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 men- tioned, 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 is casesofsum-

before a Justice or Justices of the Peace out of Sessions upon any ituaerri

enrar

information or complaint as aforesaid it shall be lawful for one Justice issue summons to receive such information or complaint and to grant a summons or N'tronteg warrant thereon, and to issue his summons or warrant to compel the ?ssr iiredlevra ulart of attendance of any witnesses and to do all other necessary acts and distress4.1

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 deter- mined : 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 daring the whole of the bearing and determination of the case.

29. And be it enacted that the fees to which any Clerk of the Regulations as to

Peace, Clerk of the Special Sessions or Clerk of the Petty Sessions or	g;eorrspflee	msnt of
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 Clerics of the Peace, to the Clerks of Special and Petty Sessions and to the Clerics 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

14 VICTORIE. No. 5

Justices of 11w Peace, de.

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.

Penalty for an 30. And be it enacted that in all cases where by an Act or Ordi- lrtriv2en Teun. nonce a pecuniary penalty of uncertain amount shall have been or shall	discretion of the be imposed, that is to say, a penalty or sum not exceeding a certain
Magistrate

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 con-

Application of victing Justice or Justices ; and that every penalty awarded by such

penalty 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.

Justices may

atUudge that no

31. Provided that in order to discourage corrupt practices by com-

part of the

mon informers it shall be lawful for the Justice or majority of the

Penaitg bePaia to Justices before whom any conviction shall be had, although any part

the infornw

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.

/n cases where

two or more Jus-32. And whereas great inconvenience has been felt in several in-

tices are required stances from want of power in one Justice of the Peace residing in a

by law to adjudi- remote district to adjudicate or act in cases in which the presence of

sate, one Jstice

shall be s uit- cleat, if there be so often as any Justice of the Peace shall receive any application, infor-110 other resident

two or more Justices is required by law : Be it enacted that when and

within, or can be matron or complaint touching any license, matter or proceeding which t°,,,":„Iy w„,le", 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 re- ceiving such application, information or complaint, then in such case it shall be lawful for such last-mentioned 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 byi

Provided

that

each non-reel- any such Act or Ordinance required or empowered to do : Provided deuce be men. that such Justice shall specially mention the fact of the non-residence

14 VICTORIA No. 5

Justices of the Peace, cGc.

of any other Justice within the distance aforesaid, in any license, re- tinned in the

cognizance, or conviction made or taken by him, and that such license, laywerte„cere,

recognizance, order, or conviction was made or taken by him under Ins not beenand by virtue of the power and authority so given him by this Ordi- before refused ;

nonce : Provided also that no license granted as aforesaid by any one but no sentence

Justice shall be valid if a license for the same purpose shall have been ::T'ifiesAcele' sactng previously refused by any other Justice or Justices of the same dis- corporal punish- trict within which such granting Justice shall be resident : Provided l',ItsTailtg further that no such single Justice shall proceed to inflict any corporal coiled Intl cot punishment by whipping, or to cause any offender to be worked UtthrGovernor in irons until the sentence shall be approved by His Excellency the

Governor.

33. And be it enacted that the several forms in the Schedule to Fornisinschethae

this Ordinance contained or forms to the like effect shall be deemed

good, valid and sufficient in law.

34. And be it enacted that the following Ordinance shall from 7vie.,x0.12,

and after the day on which this Ordinance shall commence and take r's

effect be and the same is hereby repealed, that is to say—an Ordinance

passed in the seventh year of the reign of Her present Majesty, in-

tituled An Ordinance to regulate Summary Proceedings before

Justices of the Peace ; ' and that all references to the same made in

any existing Ordinance shall be deemed and taken to apply to this

Ordinance.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE

(A)

SUMMONS TO A DEFENDANT UPON AN INFORMATION OR COMPLAINT

To A.B., of

(Labourer).

Whereas information bath this day been laid (or complaint bath 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

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 com- plaint), and to be further dealt with according to law.

Given under my hand and seal this

day of

in the year

of our Lord

in the Colony aforesaid.

J.S.

(B)

WARRANT WHEW.: THE SUMMONS IS DIS013EYED

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

14 VICTORLE. No. 5

Justices of the Peace, (Cc.

and for the said Colony of Western Australia, for that A.B. (&c., as in the

S2t17217W7iS) : And whereas I then issued my summons unto the said A.B., com-

manding him in Her Majesty's name to be and appear on said information (or complaint), and to be further dealt with according to law : And whereas the said A.B. bath 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 AB., 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 com- plaint), and to be further dealt with according to law.

at o'clock in the forenoon at before such

Given under my hand and seal this

day of

in the year of our Lord

in the Colony aforesaid.

J.S. (r.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

the year of our Lord

in the Colony aforesaid.

J.S. (r.s.)

(D)

WARRANT OF COMMITTAL FOR SAFE CUSTODY DURING AN ADJOURN-

MENT 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 (&c., 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 AB., 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

in the Colony aforesaid.

J.S. (r.s.)

14 VICTORI2E. No. 5

Justices of the Peace, ce.c.

(E)

RECOGNIZANCE FOR THE APPEARANCE OF THE DEFENDANT WHERE

THE CASE IS ADJOURNED OR NOT AT ONCE PROCEEDED WITH

Be it remembered that on

LB. of

(labourer), and

L.M. of (grocer), personally came before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said A.B. the sum of

and the said L.M. the sum of of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tene- ments respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A.B. shall fail in the condition endorsed.

Taken and acknowledged the day and year first above mentioned, at

before me

J.S. (L.s.)

The condition of the within written recognizance is such that if the said LB. shall personally appear on the

day of

instant, at

o'clock in the forenoon, at before such Justices of the Peace for the said Colony as may then be there, to answer further to the informa- tion (or complaint) of C.D., exhibited against the said La, and to be further dealt with according to law, then the said recognizance to be void or else to be in full force and virtue.

NOTICE OP SUCH RECOGNIZANCE TO BE GIVEN TO THE

DEFENDANT AND HIS SURETY

Take notice that you, A.B., are bound in the sum of

and you,

L.M., in the sum of

that you, A.B., appear personally on

at o'clock in the forenoon, at before such Justices of

the Peace for the said Colony as shall then be there, to answer further to a certain information (or complaint) of C.D., the further hearing of which was adjourned to the said time and place, and unless you appear accordingly the recognizance entered into by you, A.B., and by L.M. as your surety, will forthwith be levied on you and him.

Dated this

day of

18 .

(F)

CERTIFICATE OF NON-APPEARANCE TO HE ENDORSED ON THE

DEFENDANT'S RECOGNIZANCE

I hereby certify that the said A.B. bath not appeared at the time and place in the said condition mentioned, but therein hath made default, by reason whereof the within written recognizance is forfeited.

J.S.

(0 1)

SUMMONS OF A WITNESS

To E.P. of

in the said Colony of Western Australia.

14 VICTORI.E. No. 5

Justices of the Peace, dc.

of the (prosecutor, or complainant, or defendant) in this behalf : These are there- fore to require you 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 testify what you shall know concerning the matter of the said information (or complaint):

Given under my hand and seal this

day of

in the

year of our Lord

in the Colony aforesaid.

J.S. (n.s.)

(G 2)

WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS

To the Constable of

and to all other Peace Officers in the said Colony

of Western Australia.

Whereas 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 (&o., as in tire summons); and it having been made to appear

to me upon oath thatE.F.ofin the said Colony (labourer), was likely to give material evidence on behalf of the (prosecutor), I did duly issue my sum-

mons to the said EX., requiring him to be and appear on

o'clock in the forenoon of the same day, at before such Justices of the Peace for the said Colony as might then be there, to testify what he should know concerning the said A.B. or the matter of the said information (or com- plaint) : And whereas proof hath this day been made before me upon oath of such summons having been duly served upon the said EX., and of a reasonable sum having been paid (or tendered) to him for his costs and expenses in that behalf ; and whereas the said E.F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse hath been offered for such neglect : These are therefore to command you to take the said E.P. and to bring and have him on at o'clock in the forenoon, at

before such Justices of the Peace for the said Colony as may then be there, to testify what he shall know concerning the matter of the said informa- tion (or complaint).

Given under my hand and seal this

day of

in the

year of our Lord

in the Colony aforesaid.

J.S. (n.s.)

(G 3)

WARRANT FOR A WITNESS IN THE FIRST INSTANCE

To the Constable of

and to all other Peace Officers in the Colony of

Western Australia.

Whereas information was laid (or complaint was made) before the under signed, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (cfc., as in the summons), and it being made to appear before me upon oath, that B.F. of (labourer) is likely to give material evidence on behalf of the (prosecutor) in this matter, and it is probable that the said ES. will not attend to give evidence without being compelled so to do : These are therefore to command you to bring and have the said B.F. before me on

, at o'clock in the forenoon at or before such other Justices of the Peace for the said Colony as may then be there, to testify what he shall know concerning the matter of the said information or complaint.

Given under my hand and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S. (Ins)

14 VICTORDE. No. 5

Justices of the Peace, de.

(G 4)

COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN

OR GIVE EVIDENCE

To W.M., Constable of

in the said Colony of Western Australia, and

to the Keeper of the (House of Correction) at

Whereas information was laid (or complaint was made) before the under- signed, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that pc., as in the summons); and one RR, now appearing before me, such Justice as aforesaid, on , at , and being required by me to make oath or affirmation as a witness in that behalf, bath now refused so to do (or being now here duly sworn as a witness in the matter of the said information or complaint, (loth refuse to answer certain questions concerning the premises which are now here put to him), without offering any just excuse for such his refusal : These are therefore to command you, the said Constable, to take the said EX. and him safely convey to the (House of Correction) at

aforesaid, and there deliver him to the said Keeper thereof, together with this precept ; and I do hereby command you, the said Keeper of the said (House of Correction), to receive the said P.E. into your custody in the said (House of Correc- tion), and there imprison him for such Ins contempt for the space of

days, unless he shall in the meantime consent to be examined and to answer

concerning the premises ; and for so doing this shall be your sufficient warrant.

Given under my hand and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S. (L.s.)

(H)

WARRANT TO REMAND A DEFENDANT WHEN APPREHENDED

To W.T., Constable of and to the Keeper of the (House of

Correction) at

Whereas information was laid (or complaint was made) before the under- signed, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (&e., as in the SUM))701ZS or warrant): And whereas the said A.B. bath been apprehended under and by virtue of a warrant, upon such information (or complaint), and is now brought before me as such Justice as aforesaid: 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 to deliver him to the said Keeper thereof, together with this precept ; and I do 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 instant,next, theday of when you are hereby commanded to deliver him to any Constable bringing a written direction to that effect, from any Justice of the Peace, so that be may be produced

at at o'clock in the forenoon of the same day, before

such Justices of the Peace of the said Colony as may then be there, to answer to the said information (or complaint) and to be further dealtwith according to law.

Given under my hand and seal this

in the

year of our Lord

in the Colony aforesaid.

J.S. (as.)

(I 1)

CONVICTION FOR A PENALTY TO BE LEVIED BY DISTRESS, AND IN

DEFAULT OP SUFFICIENT DISTRESS IMPRISONMENT

To wit.

Be it remembered that on the

day of

the year of our Lord at in the said Colony of Western Australia, A.B. is convicted before the undersigned, (one) of Her Majesty's

14 VICTORIE. No. 5

Justices of the Peace, the.

Justices of the Peace for the said Colony, for that he the said LB. (the., stating the offence, and the time and place when and where committed); and I adjudge the said LB. for his said offence to forfeit and pay the sum of (staling the penalty and also the compensation if any) to be paid and applied according to law, and also to pay to the said C.D. the sum of for his costs in this behalf, and if the said several sums be not paid forthwith (or on or before

next) *I order that the same be levied by distress and sale of the goods and chattels of the said A.B., and in default of sufficient distress* I adjudge the said A.B. to be imprisoned in the (House of Correction) at in the said Colony, (there to be kept to hard labour) for the space of

the said several sums and all costs and charges of the said distress (and of the commitment and conveying the said A.B. to the said House of Correction) shall be sooner paid.

Given under my hand and seal the day and year first above mentioned,

at	in the Colony aforesaid.

J.S.

(L.s.)

*Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks** say, 'then, inasmuch as it hath been made to appear to me (that the issuing of a warrant of distress in this behalf would be ruinous to the said LB. and his family,' or ' that the said A.B. hath no goods or chattels whereupon to levy the said sums by distress), I adjudge,' &a., as above to the end.

(I 2)

CONVICTION FOR A PENALTY, AND IN DEFAULT OF PAYMENT

IMPRISONMENT

To wit.

Be it remembered that on the

day of

in the year of

our Lord at in the said Colony, A.B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said Colony, for that he the said A.B. (fCc., stating the offence and the time and place when and where it was committed); and I adjudge the said LB. for his said offence to forfeit and pay the sum of (stating the penalty and the compensation, if any) to be paid and applied according to law, and also to pay to the said C.D. the sum of for his costs in this behalf, and if the said several sums be not

paid forthwith (o • on or before

next), I adjudge the said A.B. to be

imprisoned in the (House of Correction) at in the said Colony (and there to be kept to hard labour) for the space of unless the said several sums (and the costs and charges of conveying the said A.B. to the said House of Correction) shall be sooner paid.

Given under my hand and seal the day and year first above mentioned,

at	in the Colony aforesaid.

J. S. (Es.)

(I 3)

CONVICTION WHEN THE PUNISHMENT IS BY IMPRISONMENT, &O.

To wit.

Be it remembered that on the

day of

in the year of

our Lord in the said Colony, A.B. is convicted before the undersigned, (one) of Her Majesty's Justices of the Peace for the said Colony, for that he the said A.B. (the., stating the offence and the time and place when and where com- mitted); and I adjudge the said A.B. for his said offence to be imprisoned in the (House of Correction) at in the said Colony (and there kept to hard

labour) for the space of

and I also adjudge the said A.B. to pay the

said C.D. the sum of

for his costs in this behalf, and if the said sum

14 VICTORDE. No. 5

Justices of the Peace, dc.

for costs be not paid forthwith (or on or before next), then 9 order that the said sum be levied by distress and sale of the goods and chattels of the said A.B., and in default of sufficient distress in that behalf* I adjudge the said A.B. to be imprisoned in the said (House of Correction) (and there kept to hard labour) for the space of , to commence at and from the termination of the imprisonment aforesaid, unless the said sum for costs shall be sooner paid.

Given under my hand and seal the day and year first above mentioned,

at	in the Colony aforesaid.

J.S. (L.s.)

*Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereupon to levy a distress, then instead of the weeds between the asterisks** say, ' inasmuch as it bath now been made to appear to me (that the issuing of a warrant of distress in this behalf would be ruinous to the said A.B. and his family, or that the said A.B. hath no goods or chattels whereupon to levy the said sum for costs by distress), I adjudge,' eft.

(II 1)

ORDER FOR PAYMENT OF MONEY TO BE LEVIED BY DISTRESS,

AND IN DEFAULT OF DISTRESS IMPRISONMENT

To wit.

Be it remembered that on complaint was made before the under- signed (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (stating the facts entitling the complainant to the order, with the time and place when and where they occurred); and now at this day, to wit, on at the parties aforesaid appear before me the said Justice (or the said C.D. appears before me the said Justice, but the said LB. although duly called cloth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath that the said A.B. has been duly served with the summons in this behalf, which required him to be and appear here

at this day before such Justices of the Peace for this said Colony as should now

be here to answer the said complaint and to be further dealt with according to law); and now having heard the matter of the said complaint I do adjudge the said A.B. (to pay to the said C.D. the sum of forthwith or on or

before

next, or as the Statute may require), and also to pay to the

said C.D. the sum of for his costs in this behalf ; and if the said several sums be not paid forthwith (or on or before next) *I hereby order that the same be levied by distress and sale of the goods and chattels of the said A.B., and in default of sufficient distress in that behalf *, I adjudge the said A.B. to be imprisoned in the (House of Correction) at in the said Colony (and there to be kept to hard labour) for the space of , unless the said several sums and all costs and charges of the said distress (and of the commitment and conveying of the said A.B. to the said House of Correction) shall be sooner paid.

Given under my hand and seal; this

day of

, in the

year of our Lord

, at

, in the Colony aforesaid.

J.S. (a.s.)

* Or where the issuing of a distress warrant would be ruinous to the defendant or his family, or it appears that he has no goods whereon to levy a distress, then instead of the words between the asterisks** say, ' then inasmuch as it bath now been made to appear to me (that the issuing of a warrant of distress in this behalf would be ruinous to the said A.B. and his family, or that the said A.B. hath no goods or chattels whereon to levy the said sum by distress), I adjudge,' &c.

14 VICTORKE. No. 5

Justices of the Peace, the.

(K 2)

ORDER FOR PAYMENT OF MONEY, AND IN DEFAULT OF PAYMENT

IMPRISONMENT

To wit.

Be it remembered that on 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 (stating the facts entitling the complainant to the order, with the time and place when and where they occurred) ; and now at this day, to wit, on at the parties afore- said appear before me the said Justice (or the said C.D. appears before me the said Justice, but the said A.B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath that the said A.B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such Justices of the Peace for this said Colony as should now be here to answer the said complaint and to be further dealt with according to law) ; and now having heard the matter of the said complaint I do adjudge the said LB. (to pay to the said C.D. the sum of forthwith

or on or before

next, or as the Statute may require), and also to pay

to the said C.D. the sum of

for his costs in this behalf ; and if the

said several sums be not paid forthwith, or on or before

next, I

adjudge the said A.B. to be imprisoned in the (House of Correction) at

in the said Colony (there to be kept to hard labour) for the space of ,•

unless the said several sums (and the costs and charges of conveying the said A.B.

to the said House of Correction) shall be sooner paid.

Given under my hand and seal this

day of

in the year of our Lord

, at

, in the Colony aforesaid.

J.S. (n.s.)

(II 3)

ORDER FOR ANY OTHER MATTER WHERE THE DISOBEYING OF IT IS

PUNISHABLE WITH IMPRISONMENT

To wit.

Be it remembered that on 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 (stating the facts entitling the complainant to the other, with the time and place when and where they occurred), and now at this day, to wit, on at the parties aforesaid appear before me the said Justice or the said C.D. appears before me the said. Justice, but the said A.B., although duly called, doth not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me upon oath, that the said A.B. has been duly served with the summons in this behalf, which required him to be and appear here at this day before such Justices of the Peace for the said Colony as should now be here to answer to the said complaint, and to be further dealt with according to law ; and now having heard the matter of the said complaint, I do therefore adjudge the said LB. (here state the matter required to be done), and if upon a copy of a minute of this order being served upon the said A.B., either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case I adjudge the said A.B., for such his disobedience to be imprisoned in the (House of Correction) at

in the said Colony (there to be kept to hard labour) for the space

of unless the said order be sooner obeyed (if the Statute authorize

this); and I do also adjudge the said A.B. to pay to the said C.D. the sum of

for his costs in this behalf ; and if the said sum for costs be

not paid forthwith (or on or before next), I order the same to be

levied by distress and sale of goods and chattels of the said A.B. [and in default

of sufficient distress in that behalf, I adjudge the said A.B. to be imprisoned in

14 VICTORLE. No. 5

Astices of the Peace, the.

the said (House of Correction, and there kept to hard labour) for the space of

to commence at and from the termination of his imprisonment

as aforesaid, unless the said sum for costs shall be sooner paid].

Given under my hand and seal this

day of

in the year of our Lord

in the Colony aforesaid.

J.S. (as.)

(L)

ORDER OF DISMISSAL OF AN INFORMATION OR COMPLAINT

To wit.

remembered

that

information was laid (or cora-

plaint 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 (&c., as in the sum-

MOM to the defendant), and now at this day, to wit, on

both the said parties appear before me in order that I should hear and determine the said information (or complaint) (or the said A.B. appeareth before me, but the said C.D., although duly called doth not appear) ; whereupon the matter of the said information (or complaint) being by me duly considered, (it manifestly appears to me that the said information (or complaint) is not proved, and 5) I do *there- fore dismiss the same (and do adjudge that the said C.D. do pay to the said A.B. the sum of for his costs incurred by him in his defence in this behalf ; and if the said sum for costs be not paid forthwith (or on or before

), I order that the same be levied by distress and sale of the

goods and chattels of the said C.D., and in default of sufficient distress in that

behalf, I adjudge the said C.D. to be imprisoned in the (House of Correction) at

in the said Colony (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 and conveying the said C.D. to the said

House of Correction), shall be sooner paid.

Given under my hand and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S.

* If the informant or complainant do not appear these words may be omitted.

CERTIFICATE OF DISMISSAL

I hereby certify that an information (or complaint) preferred by C.D. against A.B. for that (d'c., as in the S101171W71S) was this day considered by me, one of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, and was by me dismissed (with costs).

Dated this

day of

18 .

J.S. (a.s.)

(N 1)

WARRANT OF DISTRESS UPON A CONVICTION FOR A PENALTY

To the Constable of

and to all other Peace Offi cers in the said Colony

of	of Western Australia.

Whereas A.B., late of

(labourer), was on this day (or on

last past) duly convicted before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (stating the offence as in the conviction), and it was thereby adjudged that the said A.B. should for such his offence forfeit and pay (&e., as in the conviction), and should also pay to the said C.D. the sum of for his costs in that

14 VICTORIE. No. 5

Justices of the Peace, the.

behalf ; and it was thereby ordered that if the said several sums should not be paid (forthwith) the same should be levied by distress and sale of the goods and chattels of the said A.B.; and it was thereby also adjudged that in default of sufficient dis-tress the said A.B. should be imprisoned in the (House of Correction), at

in the said Colony (and there kept to hard labour) for the space of

, unless the said several sums, and all costs and charges of the said distress,

and of the commitment and conveying of the said A.B. to the said (House of Cor- rection), should be sooner paid : And whereas the said A.B., being so convicted as aforesaid, and being (now) required to pay the said sums of , and 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 A.B.; and if within the space of

days after the making of such distress the said sums, together with the reasonable charges of taking and keeping the 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 by such sale unto , the Clerk of the Justices of the Peace of the dis- trict , in the said Colony, that he may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said A.B. ; and if no such distress can be found, then that you certify the same unto me, to the end that such further proceedings may be had thereon as to the law doth appertain.

Given under my hand and seal this

day of

in the year

of our Lord

in the Colony aforesaid.

J.S. (L.s.)

(N 2)

WARRANT OF DISTRESS UPON AN ORDER FOB THE PAYMENT OF MONEY

To the Constable of , and to all other Peace Officers in the said

Colony of Western Australia.

Whereas on last past, a complaint was made before the under- signed, (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that (the., as in the order), and afterwards, to wit, on

at	the said parties appeared before me (or as in the order),

and thereupon having considered the matter of the said complaint, I adjudged the said A.B. to (pay to the said C.D. the sum of, or before the

then next); and also to pay to the said C.D. th sum of

for his costs in that behalf : And I thereby ordered that if the said several sums should not be paid on or before the said then next, the same should be levied by distress, and sale of the goods and chattels of the said A.B. ; and it was adjudged that in default of suf ficient distress in that behalf the said A.B. should be imprisoned in the (House of Correction) at

in the said Colony (and there kept to hard labour) for the space of ceedings may be had therein as to the law doth appertain.

unless the said several sums, and all costs and charges of the distress (and of the

commitment and conveying of the said LB. to the House of Correction) should be

sooner paid : And whereas the time in and by the said order appointed for the

payment of the said several sums of and hath

elapsed, but the said C.D. hath not paid the same nor 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 A.B. ; and if within

the space of days after the making of such distress the said last-

mentioned sums, 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 unto

the Clerk of the Justices of the Peace for the district of in the

said Colony, that he may pay and apply the same as by law directed, and may

render the overplus, if any, on demand, to the said A.B. ; and if no such distress

Given under my hand and seal this

day of

in the

year of our Lord

in the Colony aforesaid.

J.S. (L.s.)

14 VICTORIN. No. 5

Justices of the Peace, (Cc.

(N 3)

CONSTABLE'S RETURN TO A WARRANT OF DISTRESS

I, W.T., Constable of in the Colony of Western Australia, do hereby certify to J.S., Esquire, one of Her Majesty's Justices of the Peace for the said Colony, that by virtue of this warrant I have made diligent search for the goods and chattels of the within-mentioned A.B., and that I can find no sufficient goods or chattels of the said A.B., whereon to levy the sums within-mentioned.

Witness my hand this

day of

18 .

W.T.

(N 4)

WARRANT OP COMMITMENT FOR WANT OP DISTRESS

To the Constable of

and to the Keeper of the (House of Correction),

at	in the said Colony of Western Australia.

Whereas (do., as in either of the foregoing distress warrants, N 1, 2, to the asterisks [*] and then thus); and whereas afterwards on the

day of

in the year aforesaid, I, the said Justice, issued a warrant to the

Constable of

commanding him to levy the said sums of

and by distress and sale of the goods and chattels of the said A.B.; and whereas it appears to me, as well by the return of the said Constable to the said warrant of distress, as otherwise, that the said Constable Lath made diligent search for the goods and chattels of the said LB., but that no sufficient distress whereon to levy the sums above mentioned could be found : These are therefore to command you the said Constable of to take the said A.B., and him safely convey to the (House of Correction) at aforesaid and there deliver him to the said Keeper, together with this precept ; and I do hereby command you the said Keeper of the said (House of Correction) to receive the said A.B. into your custody in the said (House of Correction), there to imprison him (and keep hint to hard labour) for the space of unless the said several sums and all the costs and charges of the said distress (and of the com- mitment and conveying of the said LB. to the said (House of Correction) amount. ing 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 and seal this

day of

in the

year of our Lord

in the Colony aforesaid.

J.N. (L.s.)

(0 1)

WARRANT OF COMMITMENT UPON A CONVICTION FOR A PENALTY

IN THE FIRST INSTANCE

To the Constable of

and to the Keeper of the (House of Correction)

at	in the said Colony of Western Australia.

Whereas A.B., late of (labourer), was on this day duly convicted before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony, for that (stating the offence as in the conviction), and it was thereby adjudged that the said A.B. for his said offence should forfeit and pay the sum of (dc., as in the conviction), and should pay to the said C.D. the sum of

for his costs in that behalf, and it was thereby further adjudged that if the said several sums should not be paid (forthwith), the said A.B. should be imprisoned in the (House of Correction) at in the said Colony (and there kept to hard labour) for the space of unless the said several sums (and the costs and charges of conveying the said A.B. to the said House of Correction) should be sooner paid ; and whereas the time in and by the said conviction

14 VICTORLE. No. 5

Justices of the Peace, (Cc.

appointed for the payment of the said several sums hath elapsed, but the said A.B. bath not paid the same or any part thereof, but therein bath made default: These are therefore to command you the said Constable of to take the said A.B., and him safely to convey to the (House of Correction) at

aforesaid and there to deliver him to the Keeper thereof, together with this precept ; and I do hereby command you the said Keeper of the said (House of Correction) to receive the said A.B. into your custody in the said (House of Correc- tion), there to imprison him (and keep him to hard labour) for the space of

unless the said several sums (and the costs and charges of con-

veying him to the said (House of Correction), amounting to the further sum of

shall be sooner paid, and for your so doing this shall be your

sufficient warrant.

Given under my hand and seal this

day of

in the

year of our Lord

in the Colony aforesaid.

J.S. (us.)

(0 2)

WARRANT OF COMMITMENT ON AN ORDER IN THE FIRST INSTANCE i

To the Constable of

and to the Keeper of the (House of Correction)

at	in the said Colony of Western Australia.

Whereas on last 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 (d'c., as in the order), and afterwards, to wit, on

at the parties appeared before (me) the said Justice (or as in the order), and thereupon having considered the matter of the said complaint, I adjudged the said A.B. to (pay to the said C.D. the sum of

on or

before the

day of

then next), and also to pay to

the said C.D. the sum of for his costs in that behalf; and I

thereby adjudged that if the said several sums should not be paid on or before the

day of

then next, the said A.B. should be im-

prisoned in the (House of Correction) at in the said Colony (and there kept to hard labour) for the space of , unless the said several sums (and the costs and charges of conveying the said A.B. to the said House ofCorrection) should be sooner paid : And whereas the time in and by the said order

appointed for the payment of the said several sums of money bath elapsed, but the said A.B. bath not paid the same or any part thereof, but therein hath made default: These are therefore to command you the said Constable of

to take the said A.B., and him safely convey to the said (House of Correction) at

aforesaid, and there to deliver him to the Keeper thereof, together

with this precept ; and I do hereby command you the said Keeper of the said

of Correction), there to imprison him (and keep him to hard labour) for the space(House of Correction) to receive the said A.B. into your custody in the said (House

of , unless the said several sums (and the costs and charges of conveying him to the said (House of Correction), 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 and seal this

day of

in the

year of our Lord

in the Colony aforesaid.

J.S. (Ls.)

(P 1)

WARRANT OF COMMITMENT ON A CONVICTION WHERE THE

PUNISHMENT IS BY IMPRISONMENT

To the Constable of

and to the Keeper of the (House of Correction)

at	in the said Colony of Western Australia.

Whereas A.B., late of

(labourer), was on this day duly convicted

before the undersigned, (one) of Her Majesty's Justices of the Peace in and for

14 VICTORDE. No. 5

Justices of the Peace, de.

the said Colony, for that (stating the offence as in the conviction), and it was thereby adjudged that the said A.B. for his said offence should be imprisoned in the (House of Correction) at in the said Colony (and there kept b hard

labour) for the space of

: These are therefore to command you the

said Constable of to take the said A.B., and him safely convey to the (House of Correction) at aforesaid, and there deliver him to the said Keeper, together with this precept ; and I do hereby command you, the said Keeper of the said (House of Correction), to receive the said A.B. into your custody in the said (House of Correction), there to imprison him (and keep him to hard labour) for the space of , and for your so doing this shall be your sufficient warrant.

Given under my hand and seal this

day of

in the year

of our Lord

in the Colony aforesaid.

J.S. (t.s.)

(P2)

WARRANT OF COMMITMENT ON AN ORDER WHERE THE DISOBEYING

OF IT IS PUNISHABLE BY IMPRISONMENT

To the Constable of

and to the Keeper of the (House of Correction)

at	in the said Colony of Western Australia

Whereas on

last past 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 (&e., as in the order), and afterwards, to wit, on at

the said parties appeared before me (ores it may bein, the order), and thereupon having considered the matter of the said complaint, I adjudged the said A.B. to (&e., as in the order), and that if upon a copy of the minute of that order being duly served upon the said A.B1, either personally or by leaving the same for him at his last or most usual place of abode, he should neglect or refuse to obey the same, it was adjudged that in such case the said A.B. for such his disobedience should be imprisoned in the (House of Correction) at in the said Colony (and there be kept to hard labour) for the space of (unless the said order should be sooner obeyed); and whereas it is now proved to me that after the making of the said order a copy of the minute thereof was duly served upon the said A.B., but he then refused (or neglected) to obey the same, and hath not as yet obeyed the said order : These are therefore to command you, the said Constable of , to take the said A.B., and him safely to convey to the (House of Correction) at aforesaid, and there to deliver him to the Keeper thereof, together with this precept ; and I do hereby command you, the said Keeper of the said (House of Correction), to receive the said A.B. into your custody in the said (House of Correction), there to imprison him (and keep him to hard labour) for the space of , and for so doing this shall be your sufficient warrant.

Given under my hand and seal this

day of

in the year

of our Lord

in the Colony aforesaid.

J.S.

(P 3)

WARRANT OF DISTRESS FOR COSTS UPON A CONVICTION WHERE THE

OFFENCE IS PUNISHABLE BY IMPRISONMENT

To the Constable of

and to all other Peace Officers in the said

Colony of Western Australia.

Whereas A.B., of (labourer) was on last past duly convicted before the undersigned, (one) of Her Majesty's Justices of the Peace in and for the said Colony, for that (stating the offence as in the conviction), and it was thereby adjudged that the said A.B. for his said offence should be imprisoned in the (House of Cometion) at in the said Colony (and

there kept to hard labour) for the space of

and it was also thereby

adjudged that the said A.B. should pay the said C.D. the sum of

14 VICTORIX. No. 5

Justices of the Peace, dc.

for his costs in that behalf ; and it was thereby ordered that if the said sum of

for costs should not be paid (forthwith) the same should be levied

by distress and sale of the goods and chattels of the said A.B., and it was adjudged

that in default of sufficient distress in that behalf the said A.B. should be im-

prisoned in the said (House of Correction and there kept to hard labour) for the

space of to commence at and from the termination of hia

imprisonment aforesaid, unless the said sum for costs and all costs and charges

of the said distress, and of the commitment and conveying of the said A.B. to the

said (House of Correction) should be sooner paid ; and whereas the said A.B. being

so convicted as aforesaid, and being required to pay the sum of 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 A.B., 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 if any, on demand, to the said A.B., 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.

the Clerk of the Justices of the Peace for the district of in the said

Given under my hand and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S. (n.s.)

(P 4)

WARRANT OF DISTRESS FOR COSTS UPON AN ORDER WHERE THE

DISOBEYING OF THE ORDER IS PUNISHABLE WITH IMPRISONMENT

To the Constable of

and to all other Peace Officers in the said

Colony of Western Australia.

Whereas on last past complaint was made before the under- signed (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that ((ec., as in the order) and afterwards, to wit, on

at the said parties appeared before me as such Justice as aforesaid (or as it may be in the order) and thereupon having considered the matter of the said complaint, I adjudged the said A.B. to ((be., as in the order), and that if upon a copy of the minute of that order being duly served upon the said LB. either personally or by leaving the same for him at his last or most usual abode, he should neglect or refuse to obey the same, it adjudged that in such case the said A.B. for such his disobedience should be imprisoned in the (House of Correction) at in the said Colony (and there be kept to hard labour) for the space of (unless the said order should be sooner obeyed), and I thereby also adjudged the said A.B. to pay to the said C.D. the sum of for his costs in that behalf, and I ordered 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 AB., and in default of sufficient distress in that behalf I thereby adjudged that the said A.B. should be imprisoned in the said (House of Con-ection) (and there kept to hard labour) for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs and all costs and charges of the said distress, and of the commitment and conveying the said A.B. to the said (House of Correction) should be sooner paid ; and whereas after the making of the said order a copy of the minute thereof was duly served upon the said LB., but the said A.B. did not then pay, nor hath he paid, the said sum of for costs or any part thereof, but therein bath 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 A.B., 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

14 VICTORLE. No. 5

Justices of the Peace, &c.

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 district of in the said Colony, that he may pay the same as by law directed, and may render the overplus, if any, on demand, to the said A.B., 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.

Given under my hand and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S. (n.s.)

(P 5)

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN EITHER OE

THE LAST TWO CASES

To the Constable of

and to the Keeper of the (House of Correction)

at	, in the said Colony of Western Australia.

Whereas (the., as in the last two forms respectively, to the asterisk pi, and then thus) : and whereas afterwards, on the

day of

in the year aforesaid, I, the said J.S., 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 said A.B. : And whereas it

appears to me, as well by the return of the said Constable to the said warrant of

distress as otherwise, that the said Constable hath made diligent search for the

goods and chattels of the said A.B., 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 A.B., and him safely convey

to the (House of Correction) at aforesaid, and there deliver him to

the Keeper thereof, together with this precept ; and I do hereby command you, the

said Keeper of the said (House of Correction), to receive the said A.B. into your

custody in the said (House of Correction), 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 and conveying of the said

A.B. to the said (House of Correction), 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 and seal, this

day of

in the year of our Lord

, at

, in the Colony aforesaid.

J.S. (n.s.)

(Q 1)

WARRANT OF DISTRESS FOR COSTS UPON AN ORDER FOR DISMISSAL

OF AN INFORMATION OR COMPLAINT

To the Constable of

, and to all other Peace Officers in the said

Colony of Western Australia.

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 (&c., as in the order of dismissal) ; and afterwards, to wit, on , at , 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 being by me duly heard and considered, and it manifestly appearing to me that the said information (or com- plaint) 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 ordered 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 (House of Correction) at

in the said Colony (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

14 VICTORI.E. No. 5

Justices of the Peace, cfc.

the commitment and conveying of the said C.D. to the said (Howse of Cone°. tion), should be sooner paid: [.] And whereas the said CD., being now required to pay unto the said A.B. the said sum for costs, bath 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 A.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 district of , in the said Colony, that he may pay and apply the same as by law directed, and may render the overplus, if any, on demand, to the said CD.; 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 cloth appertain.

Given under my hand and seal, this

day of

in the year of our Lord

, at

, in the Colony aforesaid.

J.S. (L.s.)

(Q 2)

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST

CASE

To the Constable of

, and to the Keeper of the (House of Correction.)

at	, lathe said Colony of Western Australia.

Whereas (the., as in the last form respectively, to the asterisk [C], and then thus): And whereas afterwards, on the day of in the year aforesaid, I the said Justice 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 said C.D. ; and whereas it appears to me, as well by the return of the said Constable to the said warrant of distress as other- wise, 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 convey to the (House of Correction) at aforesaid, and there deliver him to the said Keeper thereof, together with this precept : and I do hereby command you the said Keeper of the said (House of Correction) to receive the said C.D. into your custody in the said (House of Correction), 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 and conveying of the said C.D. to the said House of Correction), 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 and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S.

(L.s.)

(R)

CERTIFICATE OF THE CLERK OF THE PEACE THAT THE COSTS OF AN

APPEAL ARE NOT PAID

Officer of the Clerk of the Peace for the Colony of Western Australia.

(TITLE OF THE APPEAL.)

I hereby certify that at a Court of General Quarter Sessions of the Peace, holden at in and for the said Colony, on last past an appeal by A.B. against a conviction (or order) of J.S., Esquire, one of Her Majesty's Justices of the. Peace for the said Colony, came on to be tried, and was then heard and determined, and the said Court of General Quarter Sessions thereupon ordered

14 VICTORIN. No. 5

Justices of the Peace, cOc.

that the said conviction (or order) should be confirmed (or quashed), and that the said (appellant) should pay to the said (respondent) the sum of for his costs, incurred by him in the said appeal, and which sum was thereby ordered to be paid to the Clerk of the Peace for the said Colony on or before the

day of instant, to be by him handed over to the said (respondent); and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order.

Dated the

day of

18 .

G.H.,

(Deputy) Clerk of the Peace.

(8 1)

WARRANT OF DISTRESS FOR COSTS OF AN APPEAL AGAINST A

CONVICTION OR ORDER

To the Constable of

and to all other Peace Officers in the said

Colony of Western Australia.

Whereas (the., as in the warrants of distress 0 1, 2, ante, to the end of the statement of the conviction or order and then thus) : And whereas the said A.B. appealed to the Court of General Quarter Sessions of the Peace for the said Colony, against the said conviction (or order) in which appeal the said A.B. was the appellant and the said C.D. (or J.S., Esquire, the Justice of the Peace who made the said conviction or order) was the respondent, and which said appeal came on to be tried, and was heard and determined at the last General Quarter Sessions of the Peace for the said Colony, holden at on , and the said Court of General Quarter Sessions thereupon ordered that the said conviction (or order) should be confirmed (or quashed) and that the said (appellant) should pay to the said (respondent) the sum of for his costs incurred by him in the said appeal, which said sum was to be paid to the Clerk of the Peace of the said Colony, on or before the day of to be by him handed over to the said (CD.); and whereas the (Deputy) Clerk of the Peace of the said Colony hath on the day of instant, duly certified that the said sum for costs had not then been paid : [] These are there- fore to command you in Her Majesty's name forthwith to make distress of the goods and chattels of the said (A.B.), 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 district of in the said Colony, that he may pay and apply the same as by law directed, 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 cloth appertain.

Given under my hand and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S.

(n.s.)

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST

CASE

To the Constable of

, and to the Keeper of the (House of Correc-

tion.) at Whereas (the., as in the last form to the asterisk [5] and then thus): And

, in the said Colony of Western Australia.

whereas afterwards on the

day of

in the year aforesaid,

I the undersigned issued a warrant to the Constable of , command- ing him to levy the said sum of for costs by distress and sale of the goods and chattels of the said A.B.; and whereas it appears to me, as well by the return of the said Constable to the said warrant of distress as otherwise, that the said Constable hath made diligent search for the goods and chattels of the said A.B., but that no sufficient distress whereon to levy the sum above mentioned

14 VICTORI.E. No. 5

Justices of the Peace, tfc.

could be found : These are therefore to command you the said Constable of

to take the said A.B., and him safely convey to the (House of Correction) at aforesaid, and there deliver him to the said Keeper thereof, together with this precept ; and I do hereby command you the said Keeper of the said (House of Correction) to receive the said A.B. into your custody in the said (House of Correction), 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 and conveying of the said A.B. to the said House of Correction), 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 and seal this

day of

the year of our Lord

in the Colony aforesaid.

J.S.

(b.s.)