with such fees as he has been called upon to pay to the clerk to the justices. These costs should be ascertained at the time and inserted in the order of dismissal.

Remedy for the Defendant's Costs.]-In the event of the justices ordering the dismissal of the information or complaint with costs, such costs ought to be at once paid; and if not so paid, ulterior measures may be resorted to for the purpose of compelling payment. Before, however, adopting such measures, it will be right to serve the informant or complainant with a copy of the minute of such order, as directed by section 17; for although it admits of a doubt whether or not the concluding portion of that section applies to such a case, it is obviously within the objects contemplated by it, and the safer course, therefore, will be to adopt its provisions. The words are―

And in all cases where, by any act of Parliament, 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 in that behalf, and such order or minute shall not form any part of such warrant of commitment or of distress.

The following are the forms of warrants under such circumstances:

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

Whereas, on

last past, information was laid (or complaint was

at

made) before the undersigned, (one) of Her Majesty's justices of the peace in and for the said (county), for that (as in the order of dismissal); and afterwards, to wit, on both parties appearing before me in order that I should hear and determine the same, and the several proofs adduced to me in that behalf being by me duly heard and considered, and it manifestly appearing to me that the said information

(or complaint) was not proved, I therefore dismissed the same, and adjudged that the said C. D. should pay to the said A. B. the sum of

for his costs incurred by him in his defence in that behalf; and

I 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 county, (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 of the said C. D. to the said (House of Correction), should be sooner paid (*); and whereas the said C. D., being now required to pay unto the said A. B. the said sum for costs, hath not paid the same or any part thereof, but therein hath made default: these are therefore to command you, in Her Majesty's name, forthwith to make distress of the goods and chattels of the said C. D., and if, within the space of days next after the making of such distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to clerk of the justices of the peace for the division of (county), that he may pay and apply the same as by law directed, and

the

in the said

may render the overplus (if any) on demand to the said C. D.; and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain.

WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST

Whereas (fc., as in the last form to the asterisk (*), and then thus);

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 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

As to Defendant's Costs when Proceedings not governed by the 11 & 12 Vict. c. 43.]-If the proceedings are not governed by the 11 & 12 Vict. c. 43, the question of costs to the defendant will depend upon the particular statute under the provisions of which the information has been laid; and if this says nothing upon the subject, the justices will have no power to award them. By the 18 Geo. 3, c. 19, justices had a general power to award costs. That statute, however (as regards this subject), is repealed by the 36th section of the 11 & 12 Vict. c. 43; so that no general powers, other than those contained in the last-mentioned statute, now exist.

Certificate of Dismissal.]—If the justices make an order dismissing the information or complaint, they are to give the defendant (if required) a certificate of that fact, which certificate will operate as a bar to any subsequent information or complaint for the same offence. The language of the 14th section of the 11 & 12 Vict. c. 43, after directing, as before has been shown (ante p. 69),

that the information or complaint shall be dismissed, says that the justices

Shall give the defendant in that behalf a certificate thereof, 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.

Certificate, when to be given.]-Under the Common Assaults Act, 9 Geo. 4, c. 31, s. 27, the justices are empowered to grant a similar certificate, but in that case it is to be granted "forthwith;" and, accordingly, where the certificate was not granted until two months afterwards, it was held not to constitute any defence: (Reg. v. Robinson, 12 A. & E. 672.) But, by the section upon the same subject in the later act, it will be seen that no particular limit is put upon the time within which the certificate is to be given. To avoid, however, any doubt or difficulty upon the subject, it should be applied for at once, when it will be the duty of the justices immediately to give it. The following is the form prescribed by the statute:—

I hereby certify that an information (or complaint) preferred by C. D. against A. B., for that (fc., as in the summons), was this day considered by me, one of Her Majesty's justices of the peace in and for the (county) and was by me dismissed (with costs).

of

Convicting or making an Order upon the Defendant -Costs.]-If the justices come to the determination to convict or make an order upon the defendant (ante, p. 67), they are then empowered by section 18 of the 11 & 12 Vict. c. 43, to award costs. That section says

That in all cases of summary conviction, or of orders made by a justice or justices of the peace, it shall be lawful for the justice or justices making the same, in his or their discretion, to award and order in and [M. C.]

H

by such conviction or order that the defendant 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 the sums

so allowed for costs shall in all cases be specified in such conviction or order, or order of dismissal aforesaid, and the same shall 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 term not exceeding one calendar month, unless such costs shall be sooner paid.

Pronouncing Judgment-Form of.]-In pronouncing their judgment against the defendant the justices will be careful to include in it all that they intend, being especially careful to keep strictly to the provisions of the particular statute or statutes upon the subject. They should distinctly state the amount of fine or the length of imprisonment, and whether with or without hard labour (if empowered to give it), together with the costs they adjudge.

In

Statutable Requisites of Judgment.]—The justices will do well, in pronouncing their judgment, to ascertain, by a reference to the act of Parliament upon which the proceedings are instituted, that they are pursuing strictly the requirements of the statute. many cases the statute is imperative as to the penalty, and in such case the magistrates will have no discretion, but must pursue the legislative provisions, however harsh they may appear to be as applicable to the offence proved. In others the punishment is greatly in their discretion, whereby they are enabled to apportion it as to meet the precise merits of the

case.

SO

Of Convicting of several Offences.]-In cases not governed by the 11 & 12 Vict. c. 43, the information or complaint may be in respect of several offences, if