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rant by any peace officer, or by the owner of the property on or with respect to which the offence shall be committed, or by his servant or any person authorised by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law; and if any credible A justice upon witness shall prove, upon oath before a justice of the good grounds of a reasonable cause to suspect that any person has in his pos- ed on oath, may peace, suspicion provsession, or on his premises, any property whatsoever, on or with respect to which any such offence shall have been committed, the justice may grant a warrant to search for such property, as in the case of stolen goods; and any person, to whom any property shall be offered to be sold, pawned, or de- Any person, to livered, if he shall have reasonable cause to suspect that any perty is offered, whom stolen prosuch offence has been committed on or with respect to such pro- may seize the perty is hereby authorised, and, if in his power, is required party offering it. to apprehend and forthwith to carry before a justice of the peace the party offering the same, together with such property, to be dealt with according to law.

Competency of witnesses.

LXIV. And be it enacted, That the prosecution for every Limitation as to offence punishable on summary conviction under this act summary proshall be commenced within three calendar months after the ceedings. commission of the offence, and not otherwise; and the evidence of the party aggrieved shall be admitted in proof of the offence, and also the evidence of any inhabitant of the county, riding, or division in which the offence shall have been committed, notwithstanding any penalty or forfeiture incurred by the offence may be payable to the general rate of such county, riding, or division.

LXV. And, for the more effectual prosecution of all Mode of comoffences punishable on summary conviction under this Act, pelling the apbe it enacted, that where any person shall be charged, on the pearance of peroath of a credible witness, before any justice of the peace sons punishable with any such offence, the justice may summon the on summary charged to appear at a time and place to be named in such person conviction. summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such by delivering the same to him personally, or by leaving the person, same at his usual place of abode,) the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person, and bringing him before himself or some other justice of the peace, or the justice before whom the charge shall be made, may (if he shall so think fit) without any previous summons (unless where otherwise specially directed) issue such warrant, and the justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case.

LXVI. And, with regard to the application of all forfeitures and penalties upon summary convictions under this Act, be it enacted, that every sum of money, which shall be forfeited

Application of

forfeitures and peualties on summary convictions.

Proviso.

If a person summarily convicted

shall not pay, &c. the justice may commit him.

for the value of any property stolen or taken, or for the amount of any injury done, (such value or amount to be assessed in each case by the convicting justice,) shall be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence, and in that case, or where the party aggrieved is unknown, such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such value or amount, or otherwise, shall be paid to some one of the overseers of the poor, or to some other officer (as the justice may direct) of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate: Provided always, that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a justice of the peace is herein-before directed to be applied.

LXVII. And be it enacted, that in every case of a summary conviction under this Act, where the sum which shall be forfeited for the value of the property stolen or taken, or for the amount of the injury done, or which shall be imposed as a penalty by the justice, shall not be paid, either immediately after the conviction, or within such period as the justice shall, at the time of the conviction, appoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the offender to the common gaol or Scale of impri- house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both, (as the case may be,) together with the costs shall not exceed five pounds; and for any term not exceeding four calendar months, where the amount with costs shall not exceed ten pounds; and for any term not exceeding six calendar months, in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.

sonment.

Justice may discharge the

offender in certain cases.

LXVIII. Provided always, and be it enacted, that where any person shall be summarily convicted before a justice of peace of any offence against this Act, and it shall be a first conviction, it shall be lawful for the justice, if he shall

the

so think fit, to discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice.

LXIX. And be it enacted, that it shall be lawful for the Pardon for nonKing's Majesty to extend his royal mercy to any person im- payment of prisoned by virtue of this Act, although he shall be imprisoned money. for nonpayment of money to some party other than the crown.

for the same

cause.

LXX. And be it enacted, that in case any person con- A summary con victed of any offence punishable upon summary conviction by viction shall be virtue of this Act, shall have paid the sum adjudged to be a bar to any paid, together with costs, under such conviction, or shall have other proceedreceived a remission thereof from the crown, or ing shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from his conviction in the manner aforesaid, in every such case he shall be released from all further or other proceedings from the same cause.

LXXI. And be it enacted, that the justice before whom Form of conany person shall be convicted of any offence against this Act viction. may cause the conviction to be drawn up in the following

form of words, or in any other form of words to the same

effect, as the case shall require; videlicet,

"BE it Remembered, That on the

"of "at

66

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in the year of our Lord in the County of

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Day

[or

"riding, division, liberty, city, &c., as the case may be,]
"A. O. is convicted before me J. P. one of his Ma-
'jesty's Justices of the Peace for the said county [or
riding, &c.], for that he the said A. O. did [specify
"the offence and the time and place when and where the
same was committed, as the case may be; and on a
"second conviction state the first conviction]; and I,
"the said J. P. adjudge the said A. O. for his said
"offence to be imprisoned in the
"be imprisoned in the

66

"hard labour] for the space of

66

adjudge the said A. O. for his

"forfeit and pay

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[or to and there kept to

[or, I

said offence to

[here state the

penalty actually imposed, or state the penalty, and also
"the value of the articles stolen, or the amount of the
"injury done, as the case may be], and also to pay
"the sum of
for costs, and in default

For to be imprisoned

"of immediate payment of the said sums, to be im-
"prisoned in the
"in the

"for the space of

and there kept to hard labour]

unless the said sums

"shall be sooner paid; [or, and I order that the said

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sums shall be paid by the said A. O. on or "before the

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Appeal.

Notice in writing.

Costs.

No certiorari, &c.

Warrant of coin. mitment when defective.

"and I direct that the said sum of
"the penalty only] shall be paid to

66

[i. e.

of

aforesaid, in which the said offence was "committed, to be by him applied according to the "directions of the statute in that case made and pro"vided; [or that the said sum of

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[i. e. the penalty shall be paid to, &c. [as before], and that "the said sum of [i. e. the value

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of the articles stolen, or the amount of the injury done] "shall be paid to C. D. [the party aggrieved, unless he "is unknown or has been examined in proof of the offence, "in which case state that fact, and dispose of the whole "like the penalty, as before]; and I order that the said for costs shall be paid to

66 sum of

"[the complainant]. Given under my hand and seal, "the day and year first above mentioned."

LXXII. And be it enacted, that in all cases where the sum adjudged to be paid on any summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one justice only, any person, who shall think himself aggrieved by any such conviction, may appeal to the next court of general or quarter sessions, which shall be holden not less than twelve days after the day of such conviction, for the county, riding, or division wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice, before whom the same shall be entered into, shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.

LXXIII. And be it enacted, that no such conviction or adjudication made on appeal therefrom shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any

party

defect therein, provided it be therein alleged that the
has been convicted, and there be a good and valid conviction
to sustain the same.

sions.

LXXIV. And be it enacted, that every justice of the Convictions to peace, before whom any person shall be convicted of any be returned to offence against this act, shall transmit the conviction to the the quarter sesnext court of general or quarter sessions which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or How far eviinformation against any person for a subsequent offence, a dence in future copy of such conviction, certified by the proper officer of the cases. court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against, until the contrary be shown.

under this act.

LXXV. And, for the protection of persons acting in the Venue, in proexecution of this act, be it enacted, that all actions and pro- ceedings against secutions to be commenced against any person for any thing persons acting done in pursuance of this act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and Notice of acof the cause thereof, shall be given to the defendant one tion. calendar month at least before the commencement of the action; and in any such action the defendant may plead the

general issue, and give this act and the special matter in General issue, evidence at any trial to be had thereupon; and no plaintiff &c. shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.

land or Ireland

LXXVI. Provided always, and be it enacted, that nothing This act not to in this act contained shall extend to Scotland or Ireland, extend to Scotexcept as follows; (that is to say), that if any person, having except in two stolen or otherwise feloniously taken any chattel, money, cases. valuable security, or other property whatsoever, in any one part of the united kingdom, shall afterwards have the same property in his possession in any other part of the united

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