The Commissioners to Captain Kennedy - November 1, 1848
WITH respect to proceedings by the Vice-Guardians for recovery of the
penalty under section 6 of the 11th and 12th Vict., cap. 47, I am to state that the Commissioners have consulted their
solicitors on the subject, and they have been advised as follows:?
It does not appear, from the documents before us, whether or not the persons charged with the offence were acting under the authority of a writ, decree, order or other process; if they were, and that no notice was served on the relieving officer as provided by the Act, we conceive that the landlord or other person on whose behalf such writ, decree, order, or process was , ,sued out,, , is clearly liable to the penalty imposed by section 6 of the Act 11th and 12th Vict., chap. 47. But whether acting under such authority or not, the parties implicated in the transaction referred to have been clearly guilty of a misdemeanour under the 7th section of the Act, and open to prosecution.
The Vice-Guardians, however, have only to consider the question of proceeding for penalty under the 6th section of the Act above referred to.
Any other offence against the law which may have been committed in this case is cognizable by the Courts of Justice on prosecution instituted in the usual course.
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