16 Vic. c. 45. Island Act. 1853. FEES. 24. The clerks of the peace and collectors shall be entitled respectively to demand and receive the fees set down in the Schedule annexed to this act. For each copy 0 3 1 6 For recording each judgment For each warrant of distress or other such process . 0 9 For each original summons to include not more than six For each copy 09 0 3 Justices and vestries to elect one or more collectors, and of Kingston For the collector. and answer For serving each summons to appear For serving each copy summons to appear and give evidence Collectors. . 10 14. The justices and vestry of the several parishes of this island shall, at the usual period of electing parochial officers in the council each year, elect for each parish one or more fit and competent to elect two person or persons, as the exigencies of each parish may seem to who are to require; and the common council of Kingston shall, at such enter into period, elect for the said city two fit and competent persons, as collectors, security, &c. Island Act. 1853. the collector of petty debts, and no summons, warrant, or other 16 Vic. e. 45. proceeding under this act shall be directed to, or executed or served by, any collector until he shall have given security, in a bond, to the crown, with one or more surety or sureties, to be approved of by the justices and vestry or the common council of Kingston respectively, at the time of appointment as aforesaid, or within such other period as may be fixed on that behalf, in the penal sum of £250, in the several parishes of this island, other than Kingston, and in the penal sum of £500 in the city and parish of Kingston, for the due execution of such collector, and his deputies, of the duties of such office, and for accounting and paying over all monies collected by or paid to him or them, or which shall otherwise come to his or their hands in the execution of his, or by colour of the said office, and which said bond Enforceshall stand cautionary for all sums of money to be so received bond. and collected by such collector, notwithstanding the sums so received may amount, in the aggregate, to a sum exceeding the amount of the penalty of the said bond, and the same shall be sued for, enforced, and recovered, in a summary manner by a summons, according to the form annexed to this act, as and for monies had and received to the use of the plaintiff; and on proof of the bond, and of the amount so received by the said collector or his deputies, under and by virtue of any process issued under this act, judgment shall be given and awarded against the said collector and his surety and sureties, in favour of the plaintiff suing for the same, and shall be enforced against them or either of them. ment of Council to second col 15. The common council of the city and parish of Kingston Common shall, within one month after the passing of this act, at a special appoint a meeting to be held for that purpose, appoint a second collector lector in of petty debts for the said city and parish of Kingston, for the Kingston. service and execution of the process of Kingston, under this and the former acts relating to small debts; and such last-mentioned collector, on entering into the security required under this act, shall be invested with all the powers, and be entitled to all the fees and privileges, and be subject to all the pains and penalties hereby provided for, and imposed upon, the collector of petty debts, to be applied under the provision of this act. collector to make forming 17. In every case of neglect or omission to make such return, Penalty on or in the performance of any duty on the part of any collector neglecting not otherwise provided for under this act, the offending constable return, or shall be liable to a penalty not exceeding the sum of £10, to be not perrecovered in a summary manner before any two justices of the duty. peace, of the parish in which such neglect or default shall be made; and in default of payment of such fine or penalty, to be imprisoned in the nearest gaol or house of correction with or without hard labour, for any period not exceeding thirty days. 16 VIC. c. 45. British stat. 1853. Justices to order col lector to extorted, or not duly 18. If any collector be charged with extortion, or with not duly paying or accounting for any money levied or received by him, any two justices of the peace of the parish in which the offence shall be alleged to have been committed, shall inquire into such charge; and upon being satisfied of the truth thereof, repay money shall order the repayment of any money extorted, or the paypay money ment of any money levied or received, together with all reasonable costs; and, in addition, they may impose a penalty not may impose exceeding £20 on such collector; and in default of immediate payment thereof, to sentence him to be imprisoned in the nearest gaol or house of correction, with or without hard labour, for any period not exceeding three months; and every such conviction, unless and until reversed, shall operate to discharge such collector from his office, and to disqualify him from holding the office for any parish for the future. paid, and penalty, &c. Justices may order collector to pay monies to be re covered by process which he 19. If any collector shall, by wilful default or connivance, or by neglect or omission, lose the opportunity of serving, levying, or executing, any process issued to him for service or execution, any two justices of the peace of the parish in which such neglect or omission may take place, upon complaint and on due proof has lost the thereof, may order and adjudge such collector to pay to the eting, and party complaining the sum or sums of money sought to be may enforce recovered by such warrant, or other process, or so much thereof impose and as such justices shall think proper, and may enforce payment opportunity of exe payment, or enforce a fine, &c. thereof, together with all costs thereon, by warrant in the form annexed to this act, and for want of a distress or of a sufficient distress, to commit such collector to the nearest gaol for any period not exceeding thirty days; and the justices may, in addition thereto, or in the first instance, at their discretion, impose a fine on the collector not exceeding £5 for each such offence, and to enforce such fine, together with all costs thereon, either by the original warrant or by a further warrant, according to the form annexed to this act; and for want of a distress, or of a sufficient distress, to commit such offender to the nearest gaol for any period not exceeding thirty days; such fine to be paid to the treasurer or collecting constable of the parish in which such collector shall be appointed, to be appropriated to the use of the poor of the said parish. Provided, That nothing remain in herein contained shall exonerate the surety or sureties of such collector from the penalty of his or their bond in such default. Proviso. Bond to force. On removal, &c., col lector to de to his suc 20. On the removal, resignation, or dismissal, of any collector under this act, he shall deliver over to his successor all sumliver process monses or warrants, or proceedings, which may then be in his cessor, but hands unserved or unexecuted; and such successor shall act previous upon and enforce such process, summonses, or warrants and prodischarged ceedings, in like manner as if they had been originally directed from liabil- to him; and the sureties of such collector so removed or disbreach of missed, or who shall have resigned, shall not be discharged from sureties of collector not ity for duty by him. Island Act. their bond, in respect of any breach of duty which may have 16 Vic. c. 45. taken place previously to the transfer of the same, to the successor of such collector, nor until such summonses or warrants, and proceedings shall have been delivered over, and the provisions of this act complied with as hereinbefore directed. 1853. may ap are to be clerks of the peace, who and exhibit ments, and Punish 42. Any collector of petty debts may appoint as many Collectors deputies as he may deem necessary, for the purposes of this point depuact; and the collector shall immediately, upon each such ap-ties, whose pointment of any deputy, give notice thereof, in writing, to the ments, &c., clerk of the peace, who shall record the same in a book for that notified to purpose, and who shall cause to be kept hung up, conspicuously in his office, a list of the names of such deputies, from time to are to record time appointed by the collector; and the discharge and revoca- appointtion of each appointment shall, in like manner, be notified and record disrecorded; and any person who shall presume to act as deputy charges. without sufficient authority, or whose appointment is not so ment on notified and recorded as aforesaid, may be tried and punished deputies summarily before any two justices of the peace of the parish, out authorand be subject to a fine of not exceeding £10, and in default of payment to imprisonment for not more than three calendar months, with or without hard labour; and every deputy so Deputies appointed shall be liable to all the pains and penalties hereby linea imposed on his principal, and be subject to the summary jurisdiction of the justices, in like manner as his principal. Provided Proviso. always, That the collector and his sureties shall be liable for all and sureties the acts of his deputy or deputies, appointed under the authority deputies. of this act. acting with ity. as principal. Collector liable for No. 8. WARRANT FOR AMOUNT OF DEBT AGAINST COLLECTOR. Name of parish To parish of sum of £ said policeman and constable of the You are hereby required on sight hereof, forthwith to levy the is plaintiff, and is defendant, adjudged by us in favour of the the collector of petty debts, for wilful negligence and omission in 16 Vic. c.45. the charges aforesaid, and to return any overplus to the said Island Act. 1853. and for want of such distress or of a sufficient distress, you are hereby required to arrest the said by his body, and convey him to the nearest gaol, there to remain for the space of days, or till he shall have satisfied the said sum, and all charges aforesaid, or be otherwise discharged by due course of law: and for so doing this shall be your sufficient warrant. Given under our hands and seals this day of You are hereby required on sight hereof, forthwith to levy the being the amount of a certain fine adjudged by being a collector of petty debts sum of £ us against of the said parish, for that he the said against and wilfully neglected and omitted to serve (or execute) the same (or if the default be nonpayment of money then), and having received the money due thereon, wilfully neglected and omitted to pay over the same to the plaintiff therein, according to law (or if the charge be for not making a return), did receive certain summonses and warrants for service and execution, and wilfully neglected and omitted to make the return required by law upon the goods and chattels (except the necessary wearing apparel and tools of trade) of the said ; and you are also required to sell the goods so restrained within the space of one week from and after such levy, and out of the proceeds thereof, after payment of the sum of £ the costs and charges on the warrant, to pay the said fine to the treasurer or collecting constable of the said parish; and for want of such distress, or for a sufficient distress, you are to convey him to the nearest gaol, there to remain for the space of days, or till he shall have satisfied the said sum, and all charges, or be otherwise discharged by due course of law; and for so doing this shall be your sufficient warrant. Given under our hands and seals this day of in the |