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

mentioned at

*Or when the issuing of a distress warrant would be ruinous to the defendant and his family, or it appears that he has no goods whereon to levy a distress, then, instead of the words between the asterisks * * say, "inasmuch as it is now 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. has no goods or chattels whereon to levy the said sum for costs by distress ").

YY.-Section 859.)

ORDER FOR PAYMENT OF MONEY TO BE LEVIED BY DISTRESS AND IN DEFAULT OF DISTRESS IMPRISONMENT.

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 A. B., although duly called, does not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me on oath that the said A. B. was duly served with the summons in this behalf, which required him to be and appear here on this day before me or such justice or justices of the peace for the county, 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 Act or law requires), and also to pay to the said said C. D. the sum of for his costs in this behalf; and if the said several sums are not paid forthwith (or

on or before

next), then, I hereby order that the same

I

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 adjudge the said A. B. to be imprisoned in the common gaol of in the said county of

unless

the said county, at and there kept at hard labour) for the term of the said several sums, and all costs and charges of the said distress (and the commitment and conveyance of the said A. B. to the said common gaol) are sooner paid.

Given under my hand and seal, this

in the year

at

day of

in the county aforesaid.

J. S., [SEAL.]

J. P., (Name of county.)

*Or, when the issuing of a distress warrant would be ruinous to the defendant and his family, or it appears he has no goods whereon to levy a distress, then, instead of the words between the asterisks * * say "inasmuch as it is now 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. has no goods or chattels whereon to levy the said sums by distress ").

ZZ.-(Section 859.)

ORDER FOR PAYMENT OF MONEY, AND IN DEFAULT OF PAYMENT IMPRISONMENT.

Canada,

Province of

County of

Be it remembered that on

before the undersigned,

for the said county of

complaint was made

a justice of the peace in and

for that (stating the facts entitling

the complainant to the order, with the time and place when and

where they occurred), and now on 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, does not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me upon oath that the said A. B. was duly served with the summons in this behalf, which required him to be and appear here this

day before me, or such justice or justices of the peace for the said county, 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 adjudge the said A. B. to pay to the said C. D. the sum of forthwith

(or on or before

next, or as the Act or law requires), and for his costs in

also to pay to the said C. D. the sum of

this behalf; and if the said several sums are not paid forthwith

(or on or before

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

be imprisoned in the common gaol of the said county at in the said county of

, (there to be kept at hard labour

unless

if the Act or law authorizes this) for the term of the said several sums (and costs and charges of commitment and conveying the said A. B. to the said common gaol) are sooner paid.

Given under my hand and seal this

day

of

AAA.-(Section 859.)

ORDER FOR ANY OTHER MATTER WHERE THE DISOBEYING OF IT IS PUNISHABLE WITH IMPRISONMENT. Canada,

the complainant to the order, with the time and place where and when they occurred); and now on 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, does not appear by himself, his counsel or attorney, and it is now satisfactorily proved to me, upon oath, that the said A. B. was duly served with the summons in this behalf, which required him to be and appear here this day before me, or such justice or justices of the peace for the said

county, 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 adjudge the said A. B. to (here state the matter required to be done), and if, upon a copy of the 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 neglects or refuses to obey the same, in that case I adjudge the said A. B., for such his disobedience, to be imprisoned in the common gaol of the said county, at in the said county of (there to be kept at hard labour, if the statute authorizes this), for the term of unless the said order is sooner obeyed, 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 is not paid forthwith (or on or before next), I order the same to 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 common gaol (there to be kept at hard labour) for the space of to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs is sooner paid.

860. When several persons join in the commission of the same offence, and upon conviction thereof each is adjudged to pay a penalty which includes the value of the property, or the amount of the injury done, no further sum shall be paid to the person aggrieved than such amount or value, and costs, if any, and the residue of the penalties imposed shall be applied in the same manner as other penalties imposed by a justice are directed to be applied. R. S. C. c. 178, s. 54.

861. Whenever any person is summarily convicted before a justice of any offence against Parts XX. to XXX. inclusive or Part XXXVII. of this Act and it is a first conviction, the justice may, if he thinks fit, discharge the offender from his conviction upon his making such satisfaction to the person aggrieved, for damages and costs, or either of them, as are ascertained by the justice. R. S. C. c. 178, s. 55.

862. If the justice dismisses the information or complaint he may, when required so to do, make an order of dismissal in the form BBB in schedule one hereto, and he shall give the defendant a certificate in the form CCC in the said schedule, which certificate, upon being afterwards produced, shall, without further proof, be a bar to any subsequent information or complaint for the same matter, against the same defendant. R. S. C. c. 178, s. 56.

BBB.-(Section 862.)

FORM OF ORDER OF DISMISSAL OF AN INFORMATION OR COMPLAINT.

Canada,

Province of

County of

Be it remembered that on

information was laid

(or complaint was made) before the undersigned, justice of the peace in and for the said county of that

(dc., as in the summons of the defendant) and now at

at

this day, to wit, on (if at any adjournment insert here: "to which day the hearing of this case was duly adjourned, of which the said C. D. had due notice,") 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. appears before me, but the said C. D., although duly called, does 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] (if the informant or complainant does not appear, these words may be omitted,) I do therefore 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 defence in his behalf; and if the said sum for costs is 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 common gaol of the said county of , in the said county of

term of

at

(and there kept at hard labour) for the unless the said sum for costs, and all costs and

charges of the said distress (and of the commitment and convey. ing of the said C. D. to the said common gaol) are sooner paid.