Application of forfeitures and penalties upon summary convictions. Where there are several joined in commission of same offence. If a person sum. marily convicted shall not pay, &c., the justice may commit him. first, second, or subsequent offence, of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this act made liable. XXXII. 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 for the amount of any injury done (such 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 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 amount of the injury done, 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 hereinbefore directed to be applied. XXXIII. And be it enacted, that in every case of a summary conviction under this act, where the sum which shall be forfeited 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 especially directed) to commit the offender to the common gaol or 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 caScale of impri- lendar 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 ex sonment. ceeding 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. tain cases. XXXIV. Provided always, and be it enacted, that where The justice may any person shall be summarily convicted before a justice of discharge the the peace of any offence against this act, and it shall be a first offender in cerconviction, it shall be lawful for the justice, if he shall 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. XXXV. And be it enacted, that it shall be lawful for the Pardon for non. King'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. XXXVI. And be it enacted, that in case any person convicted of any offence punishable upon summary conviction by virtue of this act, shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, or 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 for the same cause. XXXVII. And be it enacted, that the justice before whom Form of convic any person shall be convicted of any offence against this act tion. 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 day of at 66 66 in the county of [or riding, "in the "the space of "for his said offence to forfeit and pay "[here state the penalty actually imposed, or state the 66 66 penalty and also the amount of the injury done, as the case may be], and also to pay the sum of "for costs; and in default of immediate payment of Appeal. Notice in writ ing to be given. Costs. "the said sums, to be imprisoned in the "[or to be imprisoned in the 66 and there kept to hard labour] for the space of "unless the said sums shall be sooner paid; [or, and "I order that the said sums shall be paid by the said “A. O. on or before the day of of 7: [i. e. the " and I direct that the said sum of 66 [the complainant]. Given under my hand "and seal, the day and year first above mentioned." XXXVIII. 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. XXXIX. And be it enacted, that no such conviction or No certiorari, adjudication made on appeal therefrom, shall be quashed for &c. want of form, or be removed by certiorari or otherwise into any of his Majesty's superior courts of record; and no war- Warrant of comrant of commitment shall be held void by reason of any defect mitment, when therein, provided it be therein alleged that the party has been not void. convicted, and there be a good and valid conviction to sus tain the same. sions. XL. And be it enacted, that every justice of the peace, Convictions to before whom any person shall be convicted of any offence be returned to against this act, shall transmit the conviction to the next the quarter sescourt 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 informa- How far evition against any person for a subsequent offence, a copy of dence in future such conviction, certified by the proper officer of the 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. cases. under this act. XLI. And, for the protection of persons acting in the ex- Venue in proecution of this act, be it enacted, that all actions and prose- ceedings against cutions 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 of the Notice of action cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, General issue, and give this act and the special matter in evidence at any &c. trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been Tender of made before such action brought, or if a sufficient sum of amends. money shall have been paid into court after such action verdict for defendant. brought, by or on behalf of the defendant; and if a verdict Costs in case of 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 Costs in case of though a verdict shall be given for the plaintiff in any such verdict for action, such plaintiff shall not have costs against the defend- plaintiff. ant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon. XLII. Provided always, and be it enacted, that nothing in Not to extend this act contained shall extend to Scotland or Ireland. to Scotland or Ireland. To extend to offences committed at sea. XLIII. And be it enacted, that where any felony or misdemeanor punishable under this act shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction. 7 & 8 GEO. 4, c. 31. An Act for consolidating and amending the Laws in England, [21 June, 1827.] WHEREAS it is expedient that the several statutes now in force in that part of the united kingdom called England, relative to Remedies against the Hundred for the damage occasioned by persons riotously and tumultuously assembled, should be amended, and consolidated into one Act; and with that view the said statutes are, by an act of the present Session of Parliament, repealed, from and after the last day of June in the present year, except as to offences and other matters committed or done before or upon that day: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and Commencement temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that this act shall commence on the first day of July in the present year. of Act. The hundred shall make full compensation for the damage done by rioters in certain cases. II. And be it enacted, that if any church or chapel, or any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malt-house, hop oast, barn or granary, or any building or erection used in carrying on any trade or manufacture, or branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, shall be feloniously demolished, pulled down or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together, in every such case the inhabitants of the hundred, wapentake, ward, or other district in the nature of a hundred, by whatever name it shall be denominated, in which any of the said offences shall be committed, shall be liable to yield full compensation to the person or persons damnified by the offence, not only for the damage so done to any of the subjects here |