Directory_and_Chronicle_1889 — Page 924

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Imprisonment.

Levying of penalty or other moneys.

Commitment for

100

RULES OF SUPREME COURT

Execution of Conviction or Order of Dimissal.

326. Where a conviction does not adjudge the payment of money, but adjudges that the offender be imprisoned, the Court shall issue a warrant of commitment accordingly.

327. Where a conviction or order of dismissal adjudges any money to be paid by any person convicted or any prosecutor for penalty, com- pensation, costs, charges or otherwise, the money to be paid may be levied on the goods of the person adjudged to pay the same by distress and sale under warrant.

328. If the officer having the execution of the warrant returns that Want of distress, he could find no goods or no sufficient goods whereon to levy the money mentioned in the warrant, together with costs, the Court may by warrant commit the person adjudged to make the payment to prison for not more than two months, unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.

Commitment in

329. Where it appears to the Court that such distress and sale of hieu of distress goods as aforesaid would be ruinous to the person ordered to pay the money and his family, or (by confession of that person or otherwise) that he has no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of distress, commit him to prison with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commit- ment and conveyance to prison, to be specified in the warrant of commit- ment, are sooner paid.

Payment or tender before distress.

Payment after

commitment.

Time in sum- mary cases.

Ferm of application.

Time for statement.

Copy of application.

Security

Discharge from custody.

330. Any person against whom a warrant of distress issues may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expense of the distress up to the time of such payment or tender, and thereupon the officer shall cease to execute the same.

331. Any person committed for non-payment may pay the sum men- tioned in the warrant of commitment, together with the amount of costs and charges therein mentioned (if any), to the person in whose custody he is, who shall thereupon discharge him, if he is in custody for no other matter. XIV. - APPEAL TO SUPREME COURT IN CRIMINAL CASES. 332. The application for a special case, on summary conviction, shall be made within 48 hours after the sentence.

333. The application for a special case shall state shortly the grounds on which the appellant considers the conviction erroneous in point of law, and may contain any argument in support of the appeal, or may include an application that time be allowed for the filing of such an argument, which may be allowed accordingly.

334. The special case, when granted, shall be stated within ten days after application for the same, or after expiration of the time allowed for filing such argument.

335. A copy of the appellant's application for a special case, and of any argument filed by him in support thereof, shall be annexed to the special case.

336. The appellant shall give security to the satisfaction of the Court, by recognizance, deposit, or otherwise, to prosecute the appeal without delay, and to submit to the judgment of the Supreme Court, and to pay any costs awarded against him.

337. The appellant, if in custody, shall be liberated on his giving further security to the satisfaction of the Court, by recognizance, deposit. or otherwise, to appear and receive judgment at any appointed time and place, unless the conviction is set aside by the Supreme Court.