deputy postmasters and keepers of way offices, in the different offices in this Island now established, shall, after the passing of this Act, receive and retain in lieu of their services, the proportion of twenty per centum of the amount of postage collected in said offices; and in addition thereto, the sum of two pounds a year shall be paid to every such deputy postmaster or keeper of way office, the said allowances to be in lieu of all other charges, fees, or emoluments.

XLIII. And be it enacted, That His Excellency the Lieu- Lt. Governor, tenant may, by proclamation, duly published in the Royal &c., may call Gazette, call this Act into operation, and that after such pub- this Act into lication (but not before) the said Act shall be in full force and operation.

operation.

Postmaster

to Her Majesty

posed in them.

XLIV. And be it enacted, That every person appointed, or to be appointed, to the office of postmaster general of this general, &c., to Island, or deputy postmaster for any district therein, under give security the provisions of this Act, shall, immediately after this Act for the faithful shall go into operation, or previous to his entering upon the performance of duties of such office, give good and approved security, payable the trusts reto Her Majesty, her heirs and successors, in such amount as the Lieutenant Governor and Council shall from time to time deem sufficient for the faithful performance of the trusts reposed in him, and that he will duly and properly pay over and account, according to law, for all moneys by him received as such postmaster general, or deputy postmaster (as the case may be) as aforesaid.

This Act came into force and operation on the 8th day of July, 1851; proclamation agreeably to the power given to His Excellency the Lieutenant Governor, under the 43d section hereof, having been duly published in the Royal Gazette newspaper of this Island, on that day.

CAP. XIII.

An Act to regulate the costs of distresses levied for payment of rents, and to amend the laws relating to distress.

WHEREAS divers persons acting as brokers, and distrain

ing on the goods and chattels of others, or employed in the course of such distresses, have sometimes made excessive charges, to the great oppression of poor tenants and others, and it is expedient to check such practices: and whereas in and by the second section of an Act of the General Assembly of this Island, made and passed in the sixth year of the reign of Her present Majesty Queen Victoria, intituled "An Act to 6 Vic. c. 19. amend the Act relating to distress for rent, and to regulate the practice of the Supreme Court in cases of replevin," the

Repeals 2d sec

tion 6 V. c. 19.

No person making distress for rent to take

any other or greater costs than those fixed

in schedule to this Act.

Mode of proce

dure where greater costs, than are al

lowed by this

Act, shall be taken.

amount of fees to be taken on distresses is regulated, but no summary mode of redress, in case of extortion, is provided, and it is desirable to provide such a mode, and at the same time to establish a new table of fees, in lieu of those named in the said recited Act: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That the said second section of the herein before recited Act, be, and the same is hereby repealed.

II. And be it enacted, That from and after the passing of this Act, no person whatsoever, making any distress for rent, nor any bailiff, receiver, or other person or persons whatsoever, employed in any manner in making such distress, or doing any act whatsoever in the course of such distress; or for carrying the same into effect, shall have, take, or receive, out of the produce of the goods, cattle, or chattels distrained upon and sold, or from the tenant distrained on, or from the landlord, or from any other person whatsoever, any other or more costs and charges for, and in respect of such distress, or any matter or thing done therein, than such as are fixed and set forth in the schedule hereunto annexed, and appropriated to each act, which shall have been done in the course of such distress; and no person or persons whatsoever, shall make any charge whatsoever, for any act, matter, or thing, mentioned in the said schedule, unless such act shall have been really done.

III. And be it enacted, That if any person or persons whatsoever, shall in any manner levy, take, or receive, from any person or persons whomsoever, or retain or take from the produce of any goods or personal property sold for the payment of such rent, any other or greater costs and charges than are mentioned and set down in the said schedule, or make any charge whatsoever, for any act, matter, or thing, mentioned in the said schedule, and not really done, it shall be lawful for the party or parties aggrieved by such practices, to apply to any two or more Justices of the Peace for the County wherein such distress shall have been made, or in any manner proceeded in, for the redress of his, her, or their grievance so occasioned; whereupon such Justices shall summon the person or persons complained of, to appear before them at a reasonable time and place, to be fixed in such summons; and such Justices shall examine into the matter of such complaint, by all legal ways and means, and also hear, in like manner, the defence of the person or persons complained of; and if it shall appear to such Justices, that the person or persons complained of shall have levied, taken, received, or had other and greater costs and charges than are mentioned or fixed in the schedule hereunto annexed; or made any charge for any act, matter, or thing mentioned in the said schedule, such act, matter, or thing, not having been really done, such Justices shall order

amount of moneys unlawful

complaining,

and adjudge double the amount of the moneys so unlawfully Justices to ortaken, to be paid by the person or persons so having acted, to der double the the party or parties who shall thus have preferred his, her or their complaint thereof, together with full costs attending ly taken, to be such application and complaint; and in case of nonpayment paid to parties of any moneys and costs, so ordered and adjudged to be paid, &c. said Justices shall forthwith issue their warrant to levy the same by distress and sale of the goods and chattels of the party or parties ordered to pay such moneys or costs, rendering the overplus (if any) to the owner or owners, after the payment of the charges of such distress and sale; and in case no sufficient distress can be had, such Justices shall, by warrant under their hands, commit the party or parties to the common jail or prison within the limits of the County within which such Justices shall have jurisdiction, there to remain, if the amount of the judgment and costs shall not exceed forty shillings, for the space of one calendar month; and if above forty shillings, and not exceeding three pounds, for the space of three calendar months; and if above three pounds, and not exceeding five pounds, for the space of five calendar months; and if above five pounds, for the space of six calendar months; and after any of the said imprisonments, the party so imprisoned shall be freed and discharged therefrom, and also from the said judgment and costs, for which such imprisonment had taken place.

mon witnesses, administer oath

IV. And be it enacted, That it shall be lawful for such Justices to sumJustices, at the request of the party complaining, or being complained against, to summon all persons as witnesses, and &c. to administer an oath to them touching the matter of such complaint, or defence against it; and if any person or persons so summoned shall not obey such summons without any reasonable or lawful excuse, or refuse to be examined upon oath, or, if a quaker, upon solemn affirmation, then every such person so offending shall forfeit and pay a sum not exceeding Penalty on perforty shillings, to be ordered, levied and paid, in such manner sons refusing to and by such means, and with such power of commitment as obey summons. is herein before directed as to such order and judgment, to be given between the party or parties to the original complaint; excepting so far as regards the form of the order, and herein after provided for.

V. And be it enacted, That it shall be lawful for such Justices, if they shall find that the complaint of the party or parties aggrieved is not well founded, to order and adjudge costs, not exceeding forty shillings, to be paid to the party or parties complained against, which order shall be carried into effect and levied and paid in such manner, and with like power of commitment, as is hereinbefore directed, as to the order and judgment founded on such original complaint:

Justices may order costs to plained against in certain cases.

parties com

No person to be barred from le

gal remedy had before passing of this Act, &c.

Persons aggrie

Court.

Court to try and

appeal, &c.

provided always, that no person or persons who shall be aggrieved by any distress for rent, or by any proceedings had in the course thereof, or by any costs and charges levied on them in respect of the same, shall be barred from any legal or other suit or remedy, which he, she, or they might have had before the passing of this Act, excepting in so far as any complaint to be preferred by virtue of this Act shall have been determined by the order and judgment of the Justices before whom it shall have been heard and determined, and which order and judgment shall and may be given in evidence under the plea of the general issue, in all cases where the matter of such complaint shall be made the subject of any action.

VI. Provided always, and be it enacted, That it shall and ved may appeal may be lawful for any person or persons who shall think himto Supreme self, herself, or themselves aggrieved by the decision of such two or more Justices, to appeal against the decision of such two or more Justices to the Supreme Court of Judicature, at the next term thereof, for the County wherein the complaint shall have been tried; and such appeal shall be tried and finally determined at such next term accordingly; and the Justices of Justices of such the Supreme Court may, and they are hereby expressly emdetermine such powered and required, to try and determine the matter of such appeal, and to give judgment thereon, and to allow such costs to the appellant or respondent as to such Justice or Justices, in their or his discretion, shall seem proper, and to affirm, quash, or otherwise alter or vary the judgment given below, with or without costs, or with such portion of the full costs, for or against either party, as to them or him shall seem reasonable, according to the nature of the case: provided always, that it shall not be lawful to appeal from any such decision or judgment of any such two or more Justices as aforesaid, unless the party intending to appeal shall give security forthwith, or within forty-eight hours next after such decision or judgment shall be given, to the satisfaction of the Justices whose judgment or decision shall be sought to be contravened, duly to prosecute such appeal, and to bring the matter at issue to a final hearing before the Supreme Court of Judicature, at the next term thereof, as aforesaid.

Party appel

lant to give security, within 48 hours after judgment.

&c., to be fur

nished to per

apon, within

VII. And be it enacted, That every broker or other person Copy of charges who shall make and levy any distress whatsoever, shall give a copy of his charges, and of all the costs and charges of any sons distrained distress whatsoever, signed by him to the person or persons on whose goods and chattels any distress shall be levied, within twenty-four hours after the sale of the same; or, in case of settlement without sale, then at the time of such settlement, if demanded, and in default thereof shall, in either case, forfeit and pay to the party on whose property the distress shall have been levied, a penalty of not exceeding five pounds, to

24 hours after sale, &c.

be recovered before any Justice of the Peace, or Court of Commissioners for the recovery of small debts for the County wherein the distress may have been made.

be made in the schedule to this

form of the

VIII. And be it enacted, That such orders and judgments Orders, &c., to on such complaints shall be made in the form in the schedule hereunto annexed, and may be proved before any Court, by proof of the signature of the Justices to such order and judgment, and such order as regards persons who may have been summoned as witnesses, shall be made in such form as to such Justices shall seem most fit and convenient.

IX. And be it further enacted, That upon any poundbreach or rescous of goods or chattels distrained for rent, the person or persons aggrieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages and costs of suit against the offender or offenders, in any such poundbreach or rescous, any or either of them, or against the owner or owners of the goods distrained, in case the same be afterwards found to have come to his use and possession; and further, every person or persons making or aiding or abetting such poundbreach or rescous, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to suffer such punishment by fine, (not exceeding, in any case, twenty pounds,) and imprisonment, or by both, as the Court shall award; the imprisonment to be with or without hard labor, as the Court shall think fit, and in no case to exceed the term of six months.

Act.

Persons aggrieved by any &c., to recover treble damages,

poundbreach,

&c.

X. And be it enacted, That no costs in any case of distress Costs allowed for the services of more than one bailiff or other person, shall for one bailiff be chargeable or allowed, further than is limited or specified only.

in the schedule of costs to this Act.

XI. And whereas, by an Act of the General Assembly of this Island passed in the fifth year of the reign of his late 5 W. 4, c. 6 Majesty King William the Fourth, intituled "An Act relating to distress for rent, and to regulate the practice of the Supreme Court in cases of replevin," it is enacted, that no goods or chattels distrained for rent should be sold within a less time than twenty days after distraint, including the day of distress and the day of sale, provided a warrant of attorney be given, in manner as in the said Act is specified, within two days after such distress, to secure the forthcoming of the goods so distrained on the day of sale: and whereas by an Act of the Assembly passed in the eighth year of the reign 8 Vic. c. 6. of her present Majesty, intituled "An Act to explain and amend two Acts therein mentioned relating to distress for rent and replevins," it is enacted, that in all cases of distress for rent taken between the first day of December, in any year, and the first day of June in the next ensuing year,