the-ordinances-of-the-legislative-counci-1890 — Page 59

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ORDINANCE No. 10 OF 1844. 23


Justices ofthe Peace - Summary Jurisdiction.


such Justice or Justices shall convict the defendant, and award against
him or her, any fine or pecuniary penalty, and he shall neglect to
pay the same fine or penalty together with the costs and charges of and
attending such conviction, to be assessed and ascertained by the said
Justice or Justices , into the hands of the said convicting Justice or one
of the said convicting Justices, in case there shall have been more than
one, within one week next after such conviction , ( without any previous
demand of such penalty ) or within such greater or lesser time, or at such
intervals as the said Justice or Justices shall at his or their discretion

determine, then it shall be lawful for such Justice or Justices or either of

them, or for any other Justice of the Peace ( at his or their discretion ) to
cause such fine or penalty and costs and charges to be levied by distress , How penalties
to be levied .
and sale ofthe goods, and chattels of the offender, the overplus , if any
after deducting the charges of such distress and sale, to be rendered to
the said offender. Provided, that if upon the return of the officer charged
with the execution of the said distress , it shall appear that no sufficient
distress can be found , or the party adjudged to pay any money shall at
the time of the said adjudication or conviction , declare or it shall other
wise appear that he has no goods or chattels on which the said distress

can be levied , then the convicting Justice or Justices , or either of them ,
or any other Justice of the Peace, may by warrant commit such offender

to one of Her Majesty's gaols, with or without hard labour, there to remain Offender to be
committed.
for a time in proportion to the amount of the penalty inflicted, and not
exceeding six months in the whole, unless the said sum to be levied
together with the costs shall be sooner paid.


2. And be it further enacted , that in all cases in which no other Service of
summons on
raode of proceeding shall have been or or shall be in that behalf provided , witnesses and
others.
the directing of any summons to any person whatsoever, whether a
defendant, a witness, or otherwise in the name or names by which he is
or has been usually known , whether the same be the real or the feigned
or assumed name of such person , and the leaving a copy of such summons

at his last usual place of abode, or the affixing a copy thereof, on one of
the doors, or some other conspicuous part on the outside of such abode,
( such service being proved on the oath of the persons so serving such
summons, and it being also in like manner proved to the satisfaction of the
sitting Justice or Justices at the hearing of the case, that the person so

serving such summons hath endeavoured to serve the same on the party