Procedure at Form of 15. Where the Court shall proceed to dispose of the Complaint in Absence of the Respondent, Judgment shall not be pronounced against him until the Complaint has been established to the Satisfaction of the Court by such Evidence as is requisite under the Act of Parliament founded upon. 5 16. It shall not be necessary in any Proceeding under the AuthoCourt to note rity of this Act to record the Evidence adduced, but the Record any Offer of shall set forth in the Form of the Schedule (I.) to this Act annexed Proof rethe Respondent's Plea, if any, the Names of the Witnesses, if any, jected. examined upon Oath or Affirmation, and the Conviction or Judg- 10 ment; and shall also, if either Party desire it, set forth in the Form of a Note, to be subscribed or initialed by the Judge (or in a separate Case, if otherwise competent), any Offer of Proof made by either of the Parties and refused to be admitted, any Objections to the Admissibility of Evidence sustained or repelled, 15 and any Objections to the Relevancy or Competency of the Charge or Proceedings whether sustained or repelled; and the Court may require from the Party or his Agent a Suggestion in Writing of the Matter which he desires to have set forth in such Note, but shall not be bound to set forth the same in the Words suggested, and 20 shall not be bound to note any Objections which in the Opinion of the Court are manifestly frivolous and untenable; and no Judgment pronounced under the Authority of this Act shall be challenged in any Process of Appeal, Suspension, Advocation, Reduction, or other Process of Review, upon any Objection or Ground of Appeal 25 which might lawfully have been noted as aforesaid, unless, before Judgment, is signed the Party challenging such Judgment as aforesaid shall have desired the Court to note the same. Proceedings may be either in Writing or printed. Application &c. 17. The several Forms of Proceeding prescribed by in this Act may be either in Writing or printed, or may be partly written and 30 partly printed; and all such Forms as bear reference to any antecedent Form may be either on the same Sheet of Paper therewith, or on a separate Sheet attached to it. 18. In Cases of Conviction or Judgment against the Respondent of Forms of in Prosecutions and Proceedings under this Act, the Sentence 35 Conviction, of the Court may be in one or other of the Forms contained in the Schedule (K.) to this Act annexed, or as nearly as may be in such Form, according to the Nature of the Complaint, viz. : (1.) In Complaints for Offences at Common Law, punishable on 40 summary Conviction, the Sentence of the Court shall be in the Form No. 1. in the said Schedule: (2.) In 5 10 15 20 25 30 35 40 4.5 (2.) In Complaints for the Contravention of any Act of Parliament under which the Accused is or shall be liable on summary Conviction to be imprisoned, or to be imprisoned. or fined in the Discretion of the Court, the Sentence of the Court awarding Imprisonment shall be in the Form No. 2. in the said Schedule: (3.) In Complaints for the Contravention of any Act of Parliament under which the Accused is or shall be liable to forfeit a Penalty or a Sum of Money in the Nature of a Penalty, and in default of Payment thereof to Imprisonment for a Period limited to a certain Time, at the Expiration of which he shall be entitled to Liberation although the Penalty has not been paid, the Judgment of the Court shall be in the Form No. 3. in the said Schedule: (4.) In Complaints for the Contravention of any Act of Parliament under which the Accused is or shall be liable to forfeit a Penalty or a Sum of Money in the Nature of a Penalty, which, under the Authority of the Act, may be recovered by Poinding or Distress and Sale, or other summary Process of Execution by Sale, and, in default of Payment or Recovery of the Penalty by such Process of Execution, the Accused is or shall be liable to be imprisoned for a Period limited as aforesaid, the Judgment and Warrant shall be in the Form No. 4. in the said Schedule: (5.) In Complaints for the Contravention of any Act of Parliament under which the Accused is or shall be liable to forfeit a Penalty or a Sum of Money in the Nature of a Penalty, which, under the Authority of the Act, may be recovered by Poinding, or Distress and Sale, or other'summary Process of Execution by Sale, and where the Act also authorizes the Imprisonment of the Accused for a Period limited as aforesaid, then, unless Imprisonment be only authorized in default of Recovery by such Process of Execution, the Judgment of the Court may be in either of the Forms No. 4. or No. 5. of the said Schedule: (6). In Complaints for the Contravention of any Act of Parliament under which the Accused is or shall be liable to forfeit a Penalty or a Sum of Money in the Nature of a Penalty, and where no special Provision is made for the Recovery thereof, or for the Substitution of a Term of Imprisonment in default of Payment, and also in all Cases where, under the Authority of any Act of Parliament, such Penalty or Forfeiture is or shall be recoverable by Action, Civil Process, or Diligence, the Judgment of the Court shall authorize Execution by Arrestment, Poinding and Sale, and Imprison ment, and may be in the Form No. 6. in the said Schedule; (7.) In Complaints for the Contravention of any Act of Parliament by which the Court is or shall be authorized to ordain the Person contravening to do or perform any Act other than the Payment of Money, and where, in conse- 20 quence of failing or neglecting to do or perform such Act, such Person shall be liable to be imprisoned for a Term to be specified in the Warrant of Imprisonment, the Judgment and Warrant may be in the Form No. 7. in the said Schedule; and such Judgment and Warrant may, if the Act 25. of Parliament so require, be used in combination with a Judgment or Warrant in one or other of the Forms hereinbefore specified, and may, if the Act so require, be combined with a Judgment for Expenses, and Warrant for Recovery thereof, and for Imprisonment in default of Payment, in 30 such Form as may be requisite: (8.) Any Judgment of Absolvitor to be pronounced in any Complaint or Proceedings under this Act, may be in the Form No. 8: in the said Schedule: Provided that the Court add to any of the Forms of Conviction or Judgment upon a statutory Penalty, such Finding of Expenses and Warrant for the Recovery thereof, and such other Finding or Declaration as may be required by the Act of Parliament founded on in the Complaint; and, if so required, the Court may add to any Warrant of Imprisonment contained in such Conviction or Judgment, or consequent thereon, a Direction that the Respondent shall be kept to Hard Labour during the whole or Part of the Term of his Imprisonment. 35 40 C 19. In awarded in 19. In cases in which a statutory Penalty is or shall be recover- Imprisonable by Poinding or Distress and Sale, Arrestment, or other sum- ment may be mary Process of Execution, and in which the Respondent is also place of liable to be imprisoned for a Term to be specified in the Warrant Execution by Poinding 5 of Imprisonment, either immediately or in default of Recovery of and Sale. the Penalty by Execution, the Court, in lieu of granting Warrant for Recovery by Poinding and Sale, may issue a Warrant for the immediate Imprisonment of the Respondent for any Term not exceeding the Term specified in the Act of Parliament, in one or 10 other of the Forms appended to Nos. 4, 5, and 6 in Schedule (K.), but that only for one or other of the Causes specified in the said Schedule, the Cause of granting in all such Cases being specified in the Warrant: Provided, that no Sale shall be made in virtue of a Warrant granted under the Authority of this Act, unless the 15 Goods are, at the appraised Value, sufficient to satisfy the Sums mentioned in the Judgment, and the Expenses of the Poinding and Sale. Conviction. 20. When, in consequence of the Requirements of this Act or Proceedings of any other Act of Parliament, it is necessary that any Warrant subsequent to 20 should be granted subsequent to the Conviction or Judgment of the Court, or when any other ulterior Proceeding is enjoined, the Forms and Directions respectively appended to the several Forms of Convictions and Judgments in Schedule (K.) may be used and observed, so far as the same are applicable. 25 sufficient except to Conviction 21. In Cases in which under any Act of Parliament any Matter Signature of or Proceeding which may be dealt with under the Forms prescribed One Justice by this Act, or which is incidental thereto, is or shall be cognizable by Two or more Justices, it shall be sufficient that any Warrant or Proceeding to which the Subscription of such Justices is requisite, 30 other than the Conviction or Judgment, shall be subscribed by One Justice; and it shall not be necessary that such Justice shall have been present at the Hearing of the Complaint; and the Conviction or Judgment shall in all Cases be signed by such Number of Justices present at the Hearing and concurring in the Result 35 thereof, as may be required by such Act; and in, case of an equal Division of Opinion among the Justices present, the Complaint shall be held to be not proved, and Judgment shall be given for the Respondent. Penalties reeven over covered may 22. It shall be lawful for any Person who shall be found liable 40 in Payment of any Penalty or Money, by a Conviction or Judgment under this Act, to pay such Penalty or Money to the Clerk to Clerk of Prison. Court or of the Court in which the Conviction or Judgment was proKeeper of nounced, or to the Person acting as such Clerk at the Hearing of the Complaint; and if any Person found liable in Payment of any Penalty or Money shall pay the same to any Constable, Officer of Court, or other Person, such Officer, Constable, or Person shall 5 forthwith pay the same to such Clerk; and if any Person committed to Prison, upon any such Conviction or Judgment, for Nonpayment of any Penalty or of any Money thereby ordered to be paid, shall desire to pay the same and Expenses, before the Expiration of the Time for which he shall be so ordered to be 10 imprisoned by the Warrant for his Imprisonment, he may pay the same to the Keeper of the Prison in which he shall be so imprisoned, who, on receipt thereof, shall forthwith liberate such Prisoner, and such Keeper shall, without Delay, pay the same to such Clerk; and all Money so received by such Clerk shall forthwith be paid 15 by him to the Party to whom the same is to be paid, according to the Direction of the Act of Parliament on which the Complaint has been founded, and if such Act shall contain no such Directions, then such Clerk shall pay the same to the Prosecutor or Complainer, in the summary Application under which such Penalty 20 or Money has become exigible; and all Monies received by any Officer of Court acting under the Authority of this Act, in executing any Warrant of Poinding and Sale, shall be paid to the Clerk of the Court from which such Warrant was issued; and every such Clerk and every such Keeper of a Prison shall keep 25 a true and exact Account of all such Monies received by him, of whom and when received, and to whom and when paid, in the Form of the Schedule (L.) to this Act annexed, which Account shall be open to the Inspection of any Person having Interest at all reasonable Times: Provided, that the Surplus of any Monies 30 recovered by Poinding and Sale as aforesaid shall be immediately paid over by the Clerk of Court to the Party convicted, or his Family for his Use. Court may award Ex penses to or 1 23. In all Cases of Complaint under this Act for the Forfeiture of any statutory Penalty, it shall be lawful for the Court to 35 against make an Award of Expenses without the same being prayed for private Com- in such Complaint; but Expenses shall not be awarded to or plainer, although not against any Public Prosecutor or Party prosecuting under the authorized by Act. Authority of any Act of Parliament for the Public Interest, unless such Award of Expenses is authorized by such Act: Provided, 40 that in all Cases where a Complaint for the Forfeiture of a statutory Penalty is at the Instance of a private Complainer, it shall be lawful for the Court before which such Complaint is brought |