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No. II.

c. 68.

powers and provisions of this act, such person, on being convicted 2 & 3 W. 4, thereof before two justices of peace, on proof on oath by one or more credible witness or witnesses, or confession of the offence, or upon other legal evidence, shall forfeit and pay any sum not exceeding five pounds, over and above any penalty which he may have incurred by contraVening this act, and in default of payment thereof at such time as to the said justices may seem fit, shall be imprisoned in the common gaol or house of correction (with or without hard labour) for a period not exceeding three months.

assaulting any one executing

this act.

Application of penalties.

VII. That every penalty and forfeiture for any offence against this act shall be paid to the moderator, or other officer of the kirk session of the parish where the offence was committed, for the use and benefit of the poor of such parish.

Justices to fix VIII. That the justice or justices of the peace by whom any person the time for shall be summarily convicted and adjudged to pay any sum of money payment of for any offence against this act, together with expences, may adjudge penalties. that such person shall pay the same, either immediately, or within such Imprisonment period as the said justice or justices shall think fit; and that in default of payment at the time appointed, such person shall be imprisoned in the common gaol or house of correction (with or without hard labour), as to the justice or justices shall seem meet, for any term not exceeding two calendar months, the imprisonment to cease upon payment of the amount and costs.

for nonpay

ment.

Form of conviction.

IX. That the justice or justices of the peace before whom any person shall be summarily convicted of any offence against this act may cause the conviction to be drawn up according to the following form of words, or in any other form of words to the same or the like effect; (that is to say,)

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to wit. {BE it remembered, That on the

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in the year of our Lord

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in the county of [or division, et cetera, as the case may be], A.O. is convicted before me J.P., one [or us J.P. and J.J.P. two, as the case may require], of his Majesty's justices of the peace for the said county [et cetera], for that he the said A.O. did unlawfully trespass or was found trespassing in search or pursuit of game [et cetera, as the case may be], and I [or we] 'do adjudge that the said A.O. shall for the said offence forfeit the sum of [or we do adjudge that the said A.O. shall for the 'said offence forfeit the sum of ], and shall forthwith pay the said sum, together with the sum of of expenses of process, and that in default of immediate payment of the said sums, ⚫he the said A O. shall be imprisoned [or imprisoned and kept to hard labour] in the of for the space unless the said sums shall be sooner paid; [or, and I [or we] order that the said sums shall be paid by the said 4.0. on or before the and in default of

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payment on or before that day I [or we] adjudge the said 4.0. to be imprisoned [or imprisoned and kept to hard labour] in the unless the said sums 'shall be sooner paid]; and I [or we] direct that the said sum of (i. e. the penalty) shall be paid to

for the space of

being the

'minister of, et cetera, to be by him applied according to the directions
of the statute in such case made and provided; and I [or we] order
that the said sum of
of expences shall be paid to
(the complainer). Given under my hand [or our hands]

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Power to sum- X. That it shall be lawful for any justice of the peace to issue his mon witnesses. summons requiring any person to appear before himself, or any one or two justices of the peace, as the case may require, for the purpose of

No. II.

c. 68.

giving evidence touching any offence against this act; and if any person so summoned shall neglect or refuse to appear at the time and place ap- 2 & 3 W. 4, pointed by such summons, and no reasonable excuse for his absence shall be proved before the justice or justices then and there present, or if any person appearing in obedience to such summons shall refuse to be Penalty for examined on oath touching any such offence by the justice or justices disobedience of then and there present, every person so offending shall, on conviction summons, &c. thereof before the said justice or justices, or any other justice or justices

of the peace, forfeit and pay such sum of money, not exceeding five pounds, as to the convicting justice or justices shall seem meet.

XI. That the prosecution for every offence punishable by virtue of As to prosecuthis act shall be commenced within three calendar months after the com- tions for ofmission of the offence; and that where any person shall be charged, on fences. the oath of a credible witness, with any such offence before a justice of the peace, the justice may summon the party charged to appear before himself, or any one or two justices of the peace, as the case may require, at any time and place to be named in such summons; and if such party shall not appear accordingly, then (upon proof of the due service of the summons, by delivering a copy thereof to the party, or by delivering such copy at the party's usual place of abode to some inmate thereat, and explaining the purport thereof to such inmate,) the justice or justices may either proceed to hear and determine the case in the absence of the party, or may issue his or their warrant for apprehending and bringing such party before him or them, as the case may be; or the justice before whom the charge shall be made may, if he shall have reason to suspect, from information upon oath, that the party is likely to abscond, issue such warrant in the first instance, without any previous

summons.

XII. That it shall not be necessary in any proceeding against any Prosecutor not person under this act to negative by evidence any licence, consent, au- required to thority, or other matter of exception or defence; but that the party prove a negaseeking to avail himself of any such licence, consent, authority, or tive. other matter of exception or defence, shall be bound to prove the same.

XIII. That the justice or justices of the peace before whom any per- Convictions to son shall be convicted of any offence punishable under this act shall be returned to transmit every such conviction to the next court of general or quarter sessions, and sessions of the peace for the county or division wherein the offence shall kept as evihave been committed, there to be kept by the proper officer among the records of the court.

dence.

XIV. That any person who shall think himself aggrieved by any con- Appeal. viction in pursuance of this act, may appeal to the justices at the next general or quarter sessions of the peace to be holden, not less than twelve days after such conviction, for the county 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 remain either in custody until the sessions, or within such three days find a security, by bail bond before a justice, 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 security being found, the justice before whom the same shall be produced 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 dealt with and punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, grant warrant for enforcing such judgment in common form.

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XV. That no conviction in pursuance of this act, or judgment given on appeal therefrom, shall be quashed for want of form, or be removed by advocation, suspension, or reduction into any superior court of law; and that no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that it is founded on a conviction, and there be a good and valid conviction to sustain the

same.

or emovable by advocation, &c.

XVI. Provided always, That nothing in this act contained shall prevent any person from proceeding by way of civil action to recover damages in respect of any trespass upon his land, whether committed in pursuit of game or otherwise, save and except that where any proceedings shall have been instituted under the provisions of this act against any person for or in respect of any trespass, no action at law shall be maintainable for the same tresspass by any person at whose instance or with whose concurrence or assent such proceedings shall have been instituted, but that such proceedings shall in such case be a bar to any such action, and may be given in evidence to this purpose and effect.

XVII. And for the protection of persons acting in the execution of this act, be it enacted, That all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of cause thereof, shall be given to the defender one calendar month at least before the commencement of the action; and no prosecutor 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 defender.

XVIII. That nothing in this act contained shall extend to England, Wales, or Ireland.

PART VI.

CLASS XX.

GAMING.

[See ante, Part III, Class V, Usury, p. 321.]

PART VI.

CLASS XXI.

GAOLS AND HOUSES OF CORRECTION.

[No. I.] 5 & 6 W. IV. c. 38.-An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales; and for appointing Inspectors of Prisons in Great Britain. [25th August 1835.] WHEREAS by the laws now in force rules and regulations made for

Rules for go

prisons to be

the government of certain prisons, and for the duties to be performed by the officers of the same, are in London and Middlesex required to be submitted to the two chief justices, and elsewhere to certain other justices, for approval, and to be approved of by them before they can be enforced: Be it enacted, &c. That no such rules and regulations made after the passing of this act shall be required to be submitted for ap- vernment of proval, or to be approved of, otherwise than is hereinafter mentioned. approved only as herein-after provided. II. That all rules and regulations which shall be made after the passing Manner in of this act by the court of mayor and aldermen of the City of London, which such justices of the peace, or other persons whatsoever, which they are now rules are to be by law authorized to make for the government of any prisons in England made and apand Wales, or for the duties to be performed by the officers of such proved. prisons, shall be submitted to one of his Majesty's principal secretaries of state, and it shall be lawful for such secretary of state, if he thinks fit, to alter such rules and regulations, or to make additional rules and regulations thereto, and to subscribe a certificate or declaration that such rules and regulations as submitted to him, or altered or added to, are proper to be enforced; and when such secretary of state shall have subscribed such certificate or declaration, such rules and regulations, alterations and additions, shall be binding upon the sheriff and all other persons, without any other sanction or approval: Provided also, that no rule or regulation, save as herein-after is mentioned, which, after the passing of this act, shall be made for any prison within England and Wales, or for the duties to be performed by the officers of such prison, shall be enforced until a certificate or declaration shall have been duly subscribed by one of his Majesty's principal secretaries of state in manner aforesaid.

III. Whereas great inconvenience and expence have been found to Justice of peace result from the practice of committing to the common gaol of the county empowered to commit ofpersons charged with the offences intended to be tried at the assizes or fenders to any sessions holden for such county where such assizes or sessions are house of corholden at places distant from such common gaol, and it is expedient rection near that the law should be altered and amended; for remedy thereof, be it the place where enacted, That from and after the passing of this act it shall be lawful the assizes are for any justice of the peace or coroner, acting within their several juris- to be holden dictions in England and Wales, to commit for safe custody to any house at which they of correction, situate near to the place where such assizes and sessions are to be tried. are intended to be holden, any person or persons charged before them with any offence triable at such assizes or sessions; and that whenever any such persons shall be committed to any such house of correction for trial at such assizes or sessions, the keeper of such house of correction shall deliver to the judges of assize or justices at sessions a calendar of all prisoners in his custody for trial at such assizes or sessions respectively, in the same way that the sheriff of the county would be by law required to do if such prisoners had been committed to the common gaol of the county.

IV. That whenever any person shall be convicted at any assizes or How persons sessions of any offence for which he or she shall be liable either to the convicted of

No. I.

5 & 6 W. 4,

c. 38.

offences for

&c. shall be

punishment of death, transportation, or imprisonment, it shall be lawful for the court (if it shall so think fit) to commit such persons to any house of correction for such county, in execution of his or her judgment; and in case of the commitment of any person sentenced to death, execution of such judgment shall and may be had and done by the sheriff which they are of the county; and in case of the commitment of any person either senliable to death, tenced to transportation, or pardoned for any capital offence on condition of transportation, all the powers, provisions, and authorities for the removal of offenders sentenced to transportation, given or granted by any former act or acts of parliament to sheriffs or gaolers, shall be and the same are hereby extended and given to the keepers of houses of correction in whose custody such last-mentioned offenders shall be. Clerks of peace, V. That on or before the first day of November in every year the &c. to transmit clerks of the peace for every county, riding, or division of a county in copies of prison England and Wales, the clerks of every gaol sessions, and the chief rules to secre- magistrates of every city, town, borough, port, or liberty within

disposed of.

tray of state

who may add to or alter the

same.

Clerks of peace, &c. to lay copies of prison rules

before the court of quarter

sessions.

In case clerks of peace, &c. neglect to

transmit such rules to the

England and Wales, now having any prison, shall transmit copies of all rules and regulations in force on the twenty-fifth day of September in such year for the government of every prison for and belonging to their respective counties, ridings, or divisions of counties, cities, towns, boroughs, ports, and liberties, to one of his Majesty's principal secretaries of state, together with copies of such new or additional rules and regulations as may be proposed for the government thereof; and that it shall be lawful for such secretary of state to alter such rules or regulations, copies whereof shall be transmitted to him in pursuance of this act, and to make additional rules or regulations thereto, and to subscribe a certificate or declaration that such rules and regulations as transmitted to him, or altered or added to, are proper to be enforced; and the rules and regulations, alterations and additions so certified shall be binding upon sheriffs and all other persons; and the clerks of the peace for every county, riding, or division of a county in England and Wales, the clerks of every gaol sessions, and the chief magistrates of every such city, town, borough, port, and liberty, are hereby required to lay before the court of quarter sessions held next after the twenty-fifth day of September in every year for their respective counties, ridings, divisions of counties, cities, towns, boroughs, ports, and liberties on the first day of such sessions, like copies of all rules and regulations in force on the twenty-fifth day of September in every year for the government of their respective prisons.

VI. That in case of any clerk of the peace, clerk of gaol sessions, or chief magistrate of any city, town, borough, port, or liberty, neglecting or omitting to transmit to one of his Majesty's principal secretaries of state copies of the rules or regulations in force for the government of any prison which he is required by this act to transmit, it shall be lawful for one of his Majesty's principal secretaries of state after the first day of December in every year to certify what rules and regulations he deems necessary for the government of such prison; and the rules and regulations so certified by such secretary of state shall thenceforth be for the govern- binding upon sheriffs and all other persons, and shall be the only rules ment of such in force for the government of such prison.

secretary of state he may certify what rules he may deem

necessary

prisons.

VII. That it shall be lawful for one of his Majesty's principal secrePower to aptaries of state to nominate and appoint a sufficient number of fit and point inspectors proper persons, not exceeding five, to visit and inspect, either singly or of prisons. together, every gaol, bridewell, house of correction, penitentiary, or other prison or place kept or used for the confinement of prisoners, in any part of the kingdom of Great Britain; and every person so appointed shall have authority to examine any person holding any office or receiving any salary or emolument in any such gaol, bridewell, house of correction, penitentiary, prison, or other place of confinement as aforesaid, and to call for and inspect all books and papers relating thereto, and to inquire into all matters touching and concerning such gaol, bridewell, house of correction, penitentiary, prison, or other place of

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