This shall be a sufficient warrant to the said bailiff to enter upon the premises, with such assistants as he shall deem necessary, and to give possession of them to the plaintiff (~). But an entry under such warrant shall not be made on a Sunday, Good Friday, or Christmas-day, or at any time except between the hours of nine in the morning and four in the afternoon (a). The warrant may be executed in the same manner that a sheriff executes a writ of possession, namely, by entering upon the premises, putting all the occupants and their goods out, and giving the possession to the plaintiff or to some person attending on his behalf. Warrant of Execution for Costs. Same as the last form to the asterisk*; and then thus] : And whereas the said sum of -, for the said plaintiff's costs, has not been paid, pursuant to the said judgment and order: These are therefore to require and order you forthwith to make and levy, by distress and sale of the goods and chattels of the said defendant, wheresoever they may be found within the district of this court (excepting the wearing apparel and bedding of the said defendant or his family, and the tools and implements of his trade, if any, to the value of five pounds), the said sum of and also the costs of this execution; and also to seize or take any money or bank notes (whether of the Bank of England or any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money, of the defendant, which may there be found, or such part or so much thereof as may be sufficient for the satisfying of this execution, and the costs of making and executing the same. Given under the seal of the court, this 18-. day of By the court. Clerk of the court. Το -, high bailiff of the said court, and the other bailiffs thereof. The goods and chattels are not to be sold until after the end of five days next following the day on which they may have been taken, unless they be of a perishable nature, or at the request of the said defendant. I have made this a separate warrant from that for delivering possession, for several reasons: the judgment seems to require it; the judgment may require the delivery of possession to be at one time, the payment of the costs at another; and the warrant for delivery of possession must seemingly be directed to the bailiff who is to execute it, but the warrant of execution for costs must be directed to the high bailiff (1). Indemnity to Judge, officers, &c.] It shall not be lawful to bring any action or prosecution against any judge, or against the clerk of the court by whom such warrant as aforesaid [that is, the warrant to deliver possession] shall have been issued, or against any bailiff or other person by whom such warrant may be executed, or summons affixed (m), for issuing such warrant or executing the same respectively, or affixing such summons,-by reason that the person by whom the same shall be sued out had not lawful right to the possession of the premises (n). Liability of Plaintiff.] In every case, in which the person by whom any such warrant shall be sued out of the county court, had not, at the time of suing out the same, lawful right to the possession of the premises,—the suing out of any such warrant as last aforesaid shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry shall be made by virtue of the warrant (0). And nothing herein contained shall be deemed to protect any person by whom any such warrant shall be sued out of the county court, from any action which may be brought against him by any such tenant or occupier, for or in respect of such entry and taking possession, where such person had not, at the time of suing out the warrant, lawful right to the possession of the said premises (p). But where the landlord, at the time of applying for such warrant, had lawful right to the possession of the premises, or of the part thereof so held over as aforesaid,-neither the landlord nor his agent, nor any other person acting in his behalf, shall be deemed to be a trespasser, by reason merely of any irregularity or informality in the mode of proceeding for obtaining possession under the authority of this Act; but the (7) See Stat. s. 94, ante, p. 87. (0) Stat. s. 126. party aggrieved may, if he think fit, bring an action on the case for such irregularity or informality, in which the damage alleged to be sustained thereby shall be specially laid, and may recover full satisfaction for such special damage, with costs of suit: Provided that if the special damage so laid be not proved, the defendant shall be entitled to a verdict, and that if proved, but assessed by the jury at any sum not exceeding five shillings, the plaintiff shall recover no more costs than damages, unless the judge before whom the trial shall have been holden shall certify that in his opinion full costs ought to be allowed (q). Warrant, in what cases stayed.] After enacting that the party suing out such warrant shall be liable to an action of trespass, if he have not a lawful right to the possession of the premises, as above mentioned,—the statute enacts that in case any such tenant or occupier will become bound, with two sufficient sureties, to be approved by the clerk of the court, in such sum as to the judge shall seem reasonable (regard being had to the value of the premises, and to the probable cost of such action,) to sue the person by whom such warrant was sued out with effect and without delay, and to pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action, or become nonsuit therein,-execution upon the warrant shall be stayed, until judgment shall have been given in such action of trespass; and if upon the trial of such action of trespass, a verdict shall pass for the plaintiff, such verdict and judgment thereupon shall supersede the said warrant (r). And the bond in such case, shall be made to the other party to the action, at the costs of such other party, and shall be approved of by the judge, and attested under the seal of the court; and if it become forfeited, or if in such action of trespass the judge shall not certify upon the record in court that the condition of the bond hath been fulfilled,-the party to whom the bond shall have been so made, may bring an action of debt, and recover thereon: Provided that the court in which such last mentioned action shall be brought, may, by rule of court, give such relief to the parties liable on such bond, as may be agreeable to justice and reason; and such rule shall have the effect of a defeazance to such bond (s). The following may be the form of the Bond, on staying the Execution of a Warrant of Possession. Know all men by these presents, that we, C. D., of maltster; E. F., of (q) Stat. s. 125. penter, are jointly and severally held and firmly bound to A. B. in the sum of pounds of lawful money of Great Britain, to be paid to the said A. B., his certain attorney, executors, or administrators; for which payment well and truly to be made, we bind ourselves, and each and every of us, our and each and every of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated this the in day of •year of the reign of her Majesty Queen Victoria, and in the year of our Lord 184-. - within the before S. W., the judge Whereas, at a county court duly holden at jurisdiction of the said court, on of the said court, it was adjudged that the said plaintiff should recover, against the said defendant, possession of a certain house [&c., as in the judgment] at together with the costs of suit, amounting to the sum of · ; and it was then ordered that the defendant should forthwith quit and deliver up possession of the said house [&c.] to the said plaintiff, and that a warrant should forthwith issue, to enforce that adjudication, and to require and authorize the bailiff of the said court to give possession of the said house [&c.] to the said plaintiff within days from the date of the said warrant: And whereas the said warrant hath issued from the said court, but the same hath not as yet been executed: And whereas the said judge of the said court, upon application to him by the said C. D. in this behalf, hath ordered execution upon the said warrant to be stayed, until judgment shall be given in an action of trespass to be brought by the said C. D. against the said A. B., the person by whom such warrant was sued out, upon the said C. D. becoming bound, with the said E. F. and G. H., two sufficient sureties, in the sum of to sue the said A. B., by whom such warrant was sued out, with effect and without delay, and to pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action, or become nonsuit therein :-Now the condition of this obligation is such, that if the said C. D. shall sue the said A. B. in such action of trespass in the court of [Queen's Bench, at Westminster], with effect and without delay, and shall pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant in such action, or in case the said C. D., the plaintiff in such action, shall discontinue or not prosecute his said action, or shall become nonsuit therein, then this present obligation to be void, otherwise to remain in full force and virtue (t). Signed, sealed, and delivered, in the presence of C. D. (L. s.) G. H. (L. s.) (t) This form is not in the schedule to the rules. CONCLUSION. Proceedings for Penalties under this Statute. Summons and Conviction.] In all cases in which by this Act any penalty or forfeiture is made recoverable before a justice of the peace, it shall be lawful for such justice to summon before him the party complained against, and on such summons to hear and determine the matter of such complaint, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited before him; and all such proceedings by summons, without information in writing, shall be as valid and effectual to all intents and purposes, as if an information in writing had been exhibited (t). And in all cases where any conviction shall be had for any offence committed against this Act the form of conviction may be in the words or to the effect following: (that is to say,) "Be it remembered, that on this day of in the year of our Lord A. B. is convicted before · of Her Majesty's justices of the peace for the [or before a judge appointed under an Act passed in the tenth year of the reign of Her Majesty Queen Victoria, intituled an Act for the more easy recovery of Small Debts and Demands in England,"] of having [state the offence]; and I [or we] the said do adjudge the said to forfeit and pay for the same the sum of· or to be committed to -for the space of Given under my hand and seal the day and year aforesaid (u).” Distress thereon.] All penalties, fines, and forfeitures by this Act inflicted or authorized to be imposed (the manner of recovering and applying whereof is not hereby otherwise particularly directed) shall, upon proof before any justice of the peace, having jurisdiction within the county or place where the offender shall reside or be, or the offence shall be committed, either by the confession of the party offending or by the oath of any credible witness, be levied, with the costs attending the summons and conviction, by distress and sale of the goods and chattels of the party offending, by warrant under the hand of any such justice; and the overplus (if any), after such penalties, fines, and forfeitures, and the charges of such distress and sale, are deducted, shall be returned, upon demand, unto the owner of such goods and chattels (v). (t) Stat. s. 134. (u) Id. s. 135. (2) Id. s. 130. |