I hereby certify that an information (or complaint) preferred by C. D. against A. B. for that (dc., as in the summons ) was this day considered by me, a justice of the peace in and for the said county of and was by me dismissed (with costs) 863. Whenever, by any Act or law, authority is given to commit a person to prison, or to levy any sum upon his goods or chattels by distress, for not obeying an order of a justice, the defendant shall be served with a copy of the minute of the order before any warrant of commitment or of distress is issued in that behalf; and the order or minute shall not form any part of the warrant of commitment or of distress. R. S. C. c. 178. s. 57. 864. Whenever any person unlawfully assaults or beats any other person, any justice may summarily hear and determine the charge, unless at the time of entering upon the investigation the person aggrieved or the person accused objects thereto. 2. If such justice is of opinion that the assault or battery complained of is, from any other circumstance, a fit subject for prosecution by indictment, he shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if he had no authority finally to hear and determine the same. R. S. C. c. 178, s. 73. See s. 842, s-s. 8, ante. 865. If the justice, upon the hearing of any case of assault or battery upon the merits where the complaint is preferred by or on behalf of the person aggrieved, under the next preceding section, deems the offence not to be proved, or finds the assault or battery to have been justified, or so trifling as not to merit any punishment, and accordingly dismisses the complaint, he shall forthwith make out a certificate under his hand stating the fact of such dis missal, and shall deliver such certificate to the person against whom the complaint was preferred. R. S. C. c. 178, s. 74. 866. If the person against whom any such complaint has been preferred, by or on the behalf of the person aggrieved, obtains such certificate, or, having been convicted, pays the whole amount adjudged to be paid or suffers the imprisonment, or imprisonment with hard labour, awarded, he shall be released from all further or other proceedings, civil or criminal, for the same cause. R. S. C. c. 178, s. 75. 867. In every case of a summary conviction, or of an order made by a justice, such justice may, in his discretion, award and order in and by the conviction or order that the defendant shall pay to the prosecutor or complainant such costs as to the said justice seem reasonable in that behalf, and not inconsistent with the fees established by law to be taken on proceedings had by and before justices. R. S. C. c. 178, s. 58. 868. Whenever the justice, instead of convicting or making an order, dismisses the information or complaint, he may, in his discretion, in and by his order of dismissal, award and order that the prosecutor or complainant shall pay to the defendant such costs as to the said justice seem reasonable and consistent with law. R. S. C. c. 178, s. 59. 869. The sums so allowed for costs shall, in all cases, be specified in the conviction or order, or order of dismissal, and the same shall be recoverable in the same manner and under the same warrants as any penalty, adjudged to be paid by the conviction or order, is to be recovered. R. S. C. c. 178, s. 60. 870. Whenever there is no such penalty to be recovered such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of distress, by imprisonment, with or without hard labour, for any term not exceeding one month. R. S. C. c. 178, s. 61. 871. The fees mentioned in the following tariff and no others shall be and constitute the fees to be taken on proceedings before justices in proceed. ings under this part: Fees to be taken by Justices of the Peace or their Clerks. 1. Information or complaint and warrant or summons. 4. Each summons or warrant to or for a witness or witnesses. (Only one summons on each side to be charged for in each case, which may contain any number of names. If the justice of the case requires it, additional summonses shall be issued without charge).. 0.50 010 0 10 0 10 5. Information for warrant for witness and warrant.. 0.50 010 10. Where one justice alone cannot lawfully hear and determine the $ c. the same fee for hearing and determining to be allowed to the associate justice. case, 11. For each warrant of distress or commitment... 12. For making up record of conviction or order where the same is 0 25 1.00 13. For copy of any other paper connected with any case, and the 0 50 0.05 0 10 Constables Fees. 1. Arrest of each individual upon a warrant. 1.00 2. Serving summons.... 0 25 3. Mileage to serve summons or warrant, per mile (one way) necessarily travelled.... 0 10 4. Same mileage when service cannot be affected, but only upon proof of due diligence. 5. Mileage taking prisoner to gaol, exclusive of disbursements necessarily expended in his conveyance.. 0 10 0 25 7. Attending justices on trial in one or more cases, per hour.. 0 10 9. Serving warrant of distress and returning same. 10. Advertising under warrant of distress... 1.00 1.00 11. Travelling to make distress or to search for goods to make distress, when no goods are found (one way) per mile.. 0 10 12. Appraisements, whether by one appraiser or more, 2 cents in the dollar on the value of the goods. 13. Commission on sale and delivery of goods, 5 cents in the dollar on the net produce of the goods. 52 V. c. 45, s. 2 & Sch. Witnesses' Fees. 1. Each day attending trial..... 2. Mileage travelled to attend trial (one way) per mile.. 0.75 0 10 872. Whenever a conviction adjudges a pecuniary penalty or compensation to be paid, or an order requires the payment of a sum of money, whether the Act or law authorizing such conviction or order does or does not provide a mode of raising or levying the penalty, compensation or sum of money, or of enforcing the payment thereof, the justice by his conviction, or order after adjudging payment of such penalty, compensation or sum of money, with or without costs, may order and adjudge (a) that in default of payment thereof forthwith, or within a limited time, such penalty, compensation or sum of money shall be levied by distress and sale of the goods and chattels of the defendant, and, if sufficient distress cannot be found, that the defendant be imprisoned in the common gaol or other prison of the territorial division for which the justice is then acting, in the manner and for the time directed by the Act or law authorizing such conviction or order or by this Act, or for any period not exceeding three months, if the Act or law authorizing the conviction or order does not specify imprisonment, or does not specify any term of imprisonment, unless such penalty, compensation or sum of money and costs, if the conviction or order is made with costs, and the expenses of the distress and of conveying the defendant to gaol are sooner paid; or (b) that in default of payment of the said penalty, compensation or sum of money, and costs if any forthwith or within a limited time, the defendant be imprisoned in the common gaol or other prison of the said territorial division in the manner and for the time mentioned in the said Act or law, or for any period not exceeding three months if the Act or law authorizing the conviction or order does not specify imprisonment, or does not specify any term of im prisonment, unless the said sums with the like costs and expenses are sooner paid. 2. The justice making the conviction or order mentioned in the paragraph lettered (a) of sub-section one of this section may issue a warrant of distress in the form DDD or EEE, as the case requires; and in the case of a conviction or order under the paragraph lettered (b) of the said sub-section, a warrant in one of the forms FFF or GGG may issue; (a) if a warrant of distress is issued and the constable or peace officer charged with the execution thereof returns (form III) that he can find no goods or chattels whereon to levy thereunder, the justice may issue a warrant of commitment in the form JJJ. 3. Where by virtue of an Act or law so authorizing the justice by his conviction adjudges against the defendant payment of a penalty or compensation, and also imprisonment, as punishment for an offence, he may, if he thinks fit, order that the imprisonment in default of distress or of payment, as provided for in this section, shall commence at the expiration of the imprisonment awarded as a punishment for the offence. 4. The like proceeding may be had upon any conviction or order made as provided by this section as if the Act or law authorizing the same had expressly provided for a conviction or order in the above terms. R. S. C. c. 178, ss. 62, 66, 67 & 68. DDD.-(Section 872.) WARRANT OF DISTRESS UPON A CONVICTION FOR A Canada, PENALTY. Province of To all or any of the constables and other peace officers in the said county of Whereas A. B., late of (labourer), was on this day , a justice last past) duly convicted before (or on of the peace, in and for the said county of , 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 (dc., as in the conviction), and should also pay to the said C. D. the sum of , for his costs in that behalf; and it was thereby ordered that if the said several sums were not 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 the said A. B., in default of sufficient distress, should be imprisoned in the common gaol of the said county, at in the said county of the space of (and there kept at hard labour) for 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 common gaol were sooner paid; And whereas the said A. B., being so convicted as aforesaid, and being (now) required to pay the said sums of and has not paid the same or any part thereof, but therein has 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 days next after the making of such distress, the said sums, together with the reasonable charges of taking and keeping the distress, are not paid, then to sell the said goods and chattels so by you distrained, and to pay the money arising from such sale unto me, the convicting justice (or one of the convicting justices), that I 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 is found, then to certify the same unto me, that such further proceedings may be had thereon as to law appertain. Given under my hand and seal, this day of |