Justices of the Peace, &c. or an order for the payment of money is made, makes no provision for such penalty or compensation or sum being levied by distress, but directs that if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in such conviction or order, the 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 (O 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 imprison 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 payment of any penalty, but that the defendant be imprisoned or imprisoned and kept to hard labour for his offence, or where an order is not for the payment of money, but for the doing of some other act, and directs that in case of the defendant's neglect or refusal to do such act he shall be imprisoned or imprisoned and kept to hard labour, and the defendant neglects or refuses to do such act, in every such case it shall 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 imprison 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 conviction or order is founded as aforesaid shall direct; and in all such cases where by such conviction or order any sum for costs shall be adjudged to be paid by the defendant to the prosecutor or complainant, such sum may if the Justice or Justices shall think fit, be levied by 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 committed (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, Imprisonment for a subsequent mence at expiration of that for a offence to com previous offence If information be dismissed costs may be recovered by distress upon Justices of the Peace, &c. 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. 24. And be it enacted that where a Justice or Justices of the Peace shall upon any such information or complaint as aforesaid adjudge the defendant to be imprisoned, and such defendant shall then be in prison undergoing imprisonment upon a conviction for any other offence, the warrant of commitment for such subsequent offence shall in every such case be forthwith delivered to the gaoler to whom the same shall be directed; and it shall be lawful for the Justice or Justices issuing the same, if the or they shall think fit, to award and order therein and thereby that the imprisonment for such subsequent offence shall commence at the expiration of the imprisonment to which such defendant shall have been previously adjudged or sentenced. 25. And be it enacted that where any information or complaint shall be dismissed with costs as aforesaid, the sum which shall be awarded for costs in the order for dismissal may be levied by distress prosecutor, &c., (Q1) on the goods and chattels of the prosecutor or complainant in who, in default, may be com mitted After appeal against conviction or order Justice may distress for exe cution of the same manner aforesaid; and in default of distress or payment such prosecutor 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 ascertained and stated in such commitment) shall be sooner paid. 26. And be it enacted that after an appeal against any such conviction or order as aforesaid shall be decided, if the same shall be decided in favour of the respondents, the Justice or Justices who made issue warrants of such conviction or order or any other Justice of the Peace of the said 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 by any recognizance conditioned to pay such costs, such Clerk of the Peace or his deputy, upon application of the party entitled to such costs or of any person on his behalf, and on payment of a fee of one shilling, shall grant to the party so applying a certificate (F) that such costs have not been paid; and upon production of such certificate to any Justice or Justices of the Peace for the said Colony it shall be lawful for him or them to enforce the payment of such costs by warrant of distress (S 1) in manner aforesaid, and in default of distress he or they may commit (S 2) the party against whom such warrant shall have issued in manner hereinbefore mentioned for any time not exceeding three calendar months, unless the amount of such costs and all costs and charges of the distress, and also the costs of the commitment and conveying of the said party to prison, if such Justice or Justices shall think fit so to Costs of appeal, how recovered Justices of the Peace, &c. order (the amount thereof being ascertained and stated in such commitment), shall be sooner paid. 27. And be it enacted that in all cases where any person against whom a warrant of distress shall issue as aforesaid shall pay or tender to the Constable having execution of the same the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of such payment or tender, such Constable shall cease to execute the same; and in all cases in which any person shall be imprisoned as aforesaid for non-payment of any penalty or other sum he may pay or cause to be paid to the Keeper of the prison in which, he shall be so imprisoned the sum in the warrant of commitment mentioned, together with the amount of the costs, charges and expenses (if any) therein also mentioned, and the said Keeper shall receive the same, and shall thereupon discharge such person, if he be in his custody for no other matter. 28. And be it enacted that in all cases of summary proceedings before a Justice or Justices of the Peace out of Sessions upon any information or complaint as aforesaid it shall be lawful for one Justice to receive such information or complaint and to grant a summons or warrant thereon, and to issue his summons or warrant to compel the attendance of any witnesses and to do all other necessary acts and matters preliminary to the hearing, even in cases where by Statute or Ordinance in that behalf such information or complaint must be heard and determined by two or more Justices; and after the case shall have been so heard and determined one Justice may issue all warrants of distress or commitment thereon; and it shall not be necessary that the Justice who so acts before or after such hearing shall be the Justice or one of the Justices by whom the said case shall be heard and determined Provided always that in all cases where by Statute or Ordinance it is or shall be required that any such information or complaint shall be heard and determined by two or more Justices, or that a conviction or order shall be made by two or more Justices, such Justices must be present and acting together during the whole of the hearing and determination of the case. 29. And be it enacted that the fees to which any Clerk of the Peace, Clerk of the Special Sessions or Clerk of the Petty Sessions or Clerk to any Justice or Justices out of Sessions shall be entitled shall be ascertained, appointed and regulated in manner following, that is to say: The Justices of the Peace at their Quarter Sessions shall from time to time, as they shall see fit respectively, make tables of the fees which in their opinion should be paid to the Clerks of the Peace, to the Clerks of Special and Petty Sessions and to the Clerks of the Justices of the Peace within their several districts, and which said tables respectively, being signed by the Chairman of every such Court of Quarter Sessions, shall be laid before His Excellency the Governor, and it shall be lawful for the said Governor, if he thinks fit, to alter such table or tables of fees and to subscribe a certificate or declaration that such fees are proper to be demanded and received by the several Clerks of the Peace, Clerks of Special Sessions and Petty Sessions, and the Clerks to the several Justices of the Peace throughout the Colony: and the said Governor shall cause copies of such table or set of tables of fees to be transmitted to the several Clerks of the Peace in the On payment of penalty, &c., distress not to bel levied, or the soned for nonpayment, shall party, if impri be discharged Penalty for an offence when uncertain in the Magistrate Application of penalty Justices of the Peace, &c. Colony, Clerks of Special Sessions and Petty Sessions, and to the Clerks of the Justices within their several districts respectively; and if, after such copy shall be received by such Clerks or Clerk, he or they shall demand or receive any other or greater fee or gratuity for any business or act transacted or done by him as such Clerk than such as is set down in such table or set of tables, he shall forfeit for every such demand or receipt the sum of twenty pounds, to be recovered by action of debt in any superior Court of law in this Colony by any person who will sue for the same: Provided always that until such table or set of tables shall be framed and confirmed and distributed as aforesaid, it shall be lawful for such Clerks or Clerk to demand and receive such fees as they are now by any rule or regulation of a Court of Quarter Sessions or otherwise authorised to demand and receive. 30. And be it enacted that in all cases where by an Act or Ordinance 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 amount, or a penalty or sum of not less or more than certain amounts in that behalf respectively specified, the amount of every such penalty (within the limits so prescribed), shall be in the discretion of the convicting Justice or Justices; and that every penalty awarded by such Justice or Justices shall in all cases (except when otherwise provided by any such Act or Ordinance) go and be distributed, one moiety thereof to the use of Her Majesty, Her heirs and successors, for the public uses of this Colony and the support thereof, and the other moiety to the use of the informer or party prosecuting, who shall also be in all cases entitled to his or her costs and charges over and above the penalty to be ascertained and assessed as aforesaid. Justices may adjudge that no part of the 31. Provided that in order to discourage corrupt practices by common informers it shall be lawful for the Justice or majority of the penalty be paid to Justices before whom any conviction shall be had, although any part of a penalty shall be directed to be paid to the informer by any Act or Ordinance, to adjudge that no part or such part only of the penalty as he or they shall think fit shall be paid to the informer. the informer In cases where two or more Jus tices are required by law to adjudi cate, one Justice shall be sufficient, if there be no other resident found within twenty miles 32. And whereas great inconvenience has been felt in several instances from want of power in one Justice of the Peace residing in a remote district to adjudicate or act in cases in which the presence of two or more Justices is required by law: Be it enacted that when and so often as any Justice of the Peace shall receive any application, inforwithin, or can be mation or complaint touching any license, matter or proceeding which and by any Act or Ordinance now or hereafter to be in force in this Colony is directed to be granted, heard, determined or done by or before two or more Justices of the Peace, and it shall so happen that no other Justice of the Peace is permanently resident or can be found at the time within twenty miles from the residence of the Justice receiving such application, information or complaint, then in such case it shall be lawful for such last-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 by any such Act or Ordinance required or empowered to do: Provided that such Justice shall specially mention the fact of the non-residence Provided that such non-residence be men. Justices of the Peace, &c. of any other Justice within the distance aforesaid, in any license, recognizance, or conviction made or taken by him, and that such license, recognizance, order, or conviction was made or taken by him under and by virtue of the power and authority so given him by this Ordinance: Provided also that no license granted as aforesaid by any one Justice shall be valid if a license for the same purpose shall have been previously refused by any other Justice or Justices of the same district within which such granting Justice shall be resident: Provided further that no such single Justice shall proceed to inflict any corporal punishment by whipping, or to cause any offender to be worked in irons until the sentence shall be approved by His Excellency the Governor. 33. And be it enacted that the several forms in the Schedule to Forms in Schedule 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 7 Vic., No. 12, repealed and after the day on which this Ordinance shall commence and take 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, intituled '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. Whereas information hath this day been laid (or complaint hath this day been made) before the undersigned (one) of Her Majesty's Justices of the Peace in and for the said Colony of Western Australia, for that you (here state shortly the matter of the information or complaint): These are therefore to command you in Her Majesty's name to be and appear on o'clock in the forenoon at at the said Colony as may then be there to answer to the said information (or com- day of in the Colony aforesaid. in the year (B) WARRANT WHERE THE SUMMONS IS DISOBEYED To the Constable of Whereas on and to all other Peace Officers in the said Colony. last past information was laid (or complaint was made) before the undersigned (one) of Her Majesty's Justices of the Peace in |