Directory_and_Chronicle_1900 — Page 338

Conviction or dismissal.

Minute.

Certificate.

On conviction.

On dismissal.

Imprisonment,

Levying of penalty or other moneys.

Commitment for want of distress.

Commitment in lieu of distress.

Payment or tender before distress,

278

RULES OF SUPREME COURT

If at any time and place of adjournment of a hearing, which has once begun, the accused does not appear in person or by counsel or attorney, the Court may in its discretion proceed with the further hearing as if the accused were present.

Decision

321. The Court having heard what each pary has to say as aforesaid, and the witnesses, and the evidence adduced, shall consider the whole matter and finally determine the same, and shall either convict the accused or dismiss the charge.

Conviction

322. In case of conviction a minute thereof shall be made, and the conviction shall afterwards be drawn up in form, to be preserved among the records of the Court.

Dismissal

323. In case of dismissal of the charge the Court may, if it thinks fit, on being requested so to do, make an order of dismissal and give the accused a certificate thereof, which certificate shall on being produced, without further proof, be a bar to any subsequent charge for the same matter against the same person.

Coste

324. In case of conviction the Court may, in and by the conviction, award and order that the person convicted do pay to the prosecutor such costs as seem just and reasonable, to be specified in the conviction.

325. In case of dismissal the Court may, in and by the order of dis- missal, award and order that the prosecutor do pay to the accused such costs as seem just and reasonable, to be specified in the order of dismissal.

Execution of Conviction or Order of Dismissal

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 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.

329. Where it appears to the Court that such distress and sale of 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.

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.