No. V. c. 76. monies under contracts made by authority of the said act made in the fifth year of his late Majesty King George the Fourth, intituled An Act 5 & 6 W. 4, for amending an Act of the last Session of Parliament, relating to the building, repairing, and enlarging of certain Gaols and Houses of Correction, and for procuring Information as to the State of all other Gaols 5 G. 4, c. 85. and Houses of Correction in England and Wales. certain cases with extended CXVIII. That in every borough in which by charter or custom Borough courts there is or ought to be holden a court of record for the trial of civil of record to be actions not regulated by the provisions of any local act of parliament, holden as hereor in which, at the time of the passing of this act, a barrister of five tofore, but in years' standing shall not act as judge or assessor, the recorder, or in the absence of the recorder, or in case there shall not be a recorder, such jurisdiction. officer of the borough as by the charter constituting such court or by custom shall be the judge of such court, shall continue to be and act as such judge; and the council of such borough in every case, whether such court be regulated by the provisions of a local act of parliament or otherwise, shall have power for that purpose to appoint the necessary officer, other than the recorder, before whom such court is to be holden; and every such judge or assessor, other than the mayor, shall hold his office during his good behaviour; and the judge of every such court shall hold the said court at such times and places, and with such rules of practice, and with the same powers and jurisdiction as belonged to the said court at the time of passing this act: Provided always, that in every case in which such court had not before the passing of this act authority to try such actions as are herein-after next mentioned any such court in which a barrister of five years' standing shall act as judge or assessor shall have authority to try actions of assumpsit, covenant, and debt, whether the debt be by specialty or on simple contract, and all actions of trespass or trover for taking goods and chattels, provided the sum or damages sought to be recovered shall not exceed twenty pounds, and all actions of ejectment between landlord and tenant wherein the annual rent of the premises of which possession is sought to be recovered shall not exceed twenty pounds, and upon which no fine shall have been reserved or made payable: Provided also, that every such judge respectively from time to time may make rules for regulating the practice of such court over which he presides, but so that no such rules shall be of force until they shall have been allowed and confirmed by three or more judges of the superior courts of common law at Westminster: Provided also, that the jurisdiction of every court of record for the trial of civil actions within any borough shall be extended so far as the metes and bounds of every such borough as the same shall be and be declared under the provisions of this act: Provided also, that no Proviso. action shall be tried by any such judge, wherein the title to land, whether freehold, copyhold, or leasehold, or other tenure whatsoever, or to any tithe, toll, market, fair, or other franchise shall be in question, in any court which before the passing of this act had not authority to try actions in which such titles as last aforesaid were in question; and in case it shall appear in the course of any action in such court as last aforesaid, or shall be made to appear upon oath to such court as last aforesaid, that any such title as last aforesaid is in question in such action, that then the jurisdiction of such court as last aforesaid in the matter of such action shall cease, and it shall be in the discretion of the court to award costs against the party commencing the same. CXIX. That the council of every borough in which there shall be Council to apholden a court of record for the trial of civil actions as aforesaid shall point registrar appoint a registrar of such court, except in boroughs where the town and other neclerk acts as such registrar, and such other officers and servants as are cessary officers necessary for carrying on the business and executing the process of of the court. such court; provided that no registrar or other officer of such court shall, by himself or any partner, or by his or their clerks, practise as an attorney in such court, nor shall any such partner or clerk act as agent for any other attorney in such court: Provided also, That, unless dis No. V. 5 & 6 W. 4, c. 76. Existing suits qualified as herein provided, every attorney of his Majesty's superior courts at Westminster shall have full liberty to practise as an attorney in every such court. CXX. That no suit commenced in any court of record in any borough before the first day of May one thousand eight hundred and thirty-six not to abate by shall abate by reason of any change that shall have been made in the constitution of such court by the provisions of this act, but that the change of juris- same may continue and be heard and determined as if it had been commenced before such judge. reason of the diction. Who to be jurors. Summoning of jurors, &c. CXXI. That every person, being a burgess of any borough wherein there shall be a separate court of sessions of the peace, or a court of record for the trial of civil actions, (unless he shall be exempt or disqualified otherwise than in respect of property from serving on juries by virtue of an act passed in the sixth year of the reign of King George 6 G. 4, c. 50. the Fourth, intituled An Act for consolidating amd amending the Laws relative to Jurors and Juries,) shall be qualified and liable to serve on grand juries in such borough, and also upon juries for the trial of all issues joined in any court of quarter sessions of the peace, and in any court of record for the trial of civil actions triable within the borough of which such person shall be a burgess; and the clerk of the peace of every such borough shall give public notice of the time and place of holding every such quarter sessions of the peace, ten days at the least before the holding thereof, and shall, seven days at the least before the holding thereof, cause to be summoned a sufficient number of persons, being qualified and liable as aforesaid, to serve as grand jurors at such sessions; and the clerk of the peace and registrar of the court of record respectively shall also cause to be summoned not less than thirty-six nor more than sixty persons so qualified and liable as aforesaid to serve as jurors at every such sessions, and at the holding of every such court of record for the trial of causes, in case there shall be any cause then to be tried; and such summons shall be made by showing to the person to be summoned, or in case he shall be absent from the usual place of his abode by leaving with some person therein inhabiting, notice under the hand of such clerk of the peace or registrar respectively containing the substance of such summons; and such clerk of the peace shall make out a list of the names of such persons so summoned as grand jurors, and the clerk of the peace and registrar respectively shall also make out a panel of such persons so summoned other than grand jurors, and such list and panel shall respectively contain therein the Christian names and surnames, places of abode, and descriptions of the Fine on jurors several persons therein named; and if any person, having been duly for non-attend- summoned to attend on any jury, shall not attend in pursuance of such ance. Members of the council, &c. exempt from summons, or, being thrice called, shall not answer to his name, or after his appearance wilfully withdraw himself from the presence of the court, the court shall impose such fine upon every person so making default (unless some reasonable excuse shall be proved to the satisfaction of the court) as the court shall think meet; and if any person on whom such fine shall be imposed shall refuse to pay the same to the person who shall be authorized by the court to receive the same, it shall be lawful for the court, then or at its next sitting, by order of the court, signed by the clerk of the peace or registrar respectively, to cause to be levied, by distress and sale of the goods of the person on whom such fine shall have been imposed, every such fine, and the reasonable charges of such distress and sale; and every fine so received shall be paid to the treasurer of the borough, to be by him carried to the account of the borough fund herein-before mentioned. Provided nevertheless, That no person shall be summoned to serve as a juror at such sessions or court of record oftener than once in one year. CXXII. That after the passing of this act every member of the council for the time being of every borough, and every justice assigned to keep the peace therein, and the treasurer and town clerk for the time being serving on juries; burgesses of boroughs which have quarter sessions exempt from juries of county quarter sessions. of every such borough, shall be exempt and disqualified from serving on any jury summoned within such borough respectively, and exempt from serving on any jury summoned to serve in the county wherein such borough is situate; and all burgesses of every borough in and for which a separate court of quarter sessions of the peace shall be holden shall be exempt from serving on any jury summoned for the trial of issues joined in any court of general of quarter sessions of the peace in the county wherein such borough is situate. 5 71 & 6 W. 4, c. 76. on juries CXXIII. That after the passing of this act no person in any borough All chartered from serving shall continue to be exempt from serving on juries in any of the King's exemptions courts of record at Westminster, or in the superior courts, civil or criminal, of the counties palatine of Lancaster and Durham, or in any court of assize, nisi prius, oyer and terminer, gaol delivery, or sessions of the peace, or in any other of the King's courts, by virtue of any writ, grant, charter, prescription, or otherwise; and so much of an act made 6 G. 4, c. 50, in in the sixth year of the reign of his late Majesty King George the Fourth, part repealed. intituled An Act for consolidating and amending the Laws relative to Jurors, as provides that all persons in any borough exempt from serving upon juries in any of the courts aforesaid, by virtue of any prescription, charter, grant, or writ, shall continue to have and enjoy such exemption in as ample a manner as before the passing of that act, and shall not be inserted in the lists thereafter mentioned, shall be and the same is hereby repealed. the magistrates, CXXIV. That the council of every borough shall and they are hereby Fees payable to required, within six calendar months next after their election, to make and the clerk of the settle a table of the fees which shall be taken by the clerk of the peace in peace, clerk to those boroughs in which a separate court of quarter session of the peace and registrar shall be holden, and in those boroughs to which a commission of the peace and officers of shall have been granted, a table of the fees to be taken by the clerk to the the court of justices, and in those boroughs in which there shall be a court of record, record. a table of the fees to be taken by the registrar and officers of such court; and such tables of fees shall be submitted to one of his Majesty's principal secretaries of state; and when such tables of fees shall be confirmed and allowed by such secretary of state, either as such table shall have been submitted to him, or with such alterations, additions, or abatements as he shall think proper, the fees therein mentioned may thenceforth be lawfully taken by the person therein named to be entitled thereunto; and it shall be lawful for the council of such borough, from time to time, as occasion may require, to make new tables of fees to be taken instead of the fees contained in the tables which shall have been made as aforesaid, which new table shall be confirmed and allowed in the manner herein-before mentioned, otherwise the same shall be of no validity; and that until tables of the fees so to be taken in any such borough shall have been made and confirmed as aforesaid it shall be lawful for such clerk of the peace at the quarter sessions for any such borough, and such clerk to the justices, to take the fees authorized by the table for the time being to be taken by the clerk of the peace at the quarter sessions and clerk to the justices respectively for the county within or adjoining to which such borough is situated, and for the registrar and officers of such court of record to take the fees usually taken by them before the passing of this act. CXXV. That the town clerk of every borough shall cause a true Table of fees to copy of the tables of fees in force for the time being to be hung up in a be hung up. conspicuous part of the room in which the business of his office is transacted, and also in the room wherein the justices of the peace of such borough shall sit for transacting their business, and also in the room wherein the court of quarter sessions of the peace for the borough shall be held, and also in the court of record of the said borough. CXXVI. That when by any act any penalties or forfeitures are or Application of shall hereafter be made recoverable in a summary manner before any penalties. justice or justices of the peace, and by such act respectively the same are or shall be limited and made payable to his Majesty, or to any body No. V. 5 & 6 W. 4, c. 76. Limitation of time for prose cution of of fences punish able on summary conviction. Power to sum obedience of corporate, or to any person whomsoever, save and except the informer, who shall sue for the same, or any party aggrieved, in every such case the same, if recovered and adjudged before any justice of any borough in which a separate court of quarter sessions of the peace shall be holden as aforesaid, shall, notwithstanding any thing in such act respectively contained, be recovered for and adjudged to be paid to the treasurer of such borough for the time being, to the credit and on account of the borough fund of such borough; and no such penalty or forfeiture, or share of such penalty or forfeiture, shall in any case be recovered by or adjudged to be paid to any other person than the said treasurer, unless such person be the informer or the party aggrieved: Provided always, That nothing herein contained shall extend to any penalties or forfeitures recovered under any act relating to the customs, excise, and post office, or to trade or navigation, or any branch of his Majesty's revenue. CXXVII. And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this act, be it enacted, That the prosecution for every such offence shall be commenced within three calendar months after the commission of the offence, and not otherwise; and that where any person shall be charged on 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 any two justices of the peace acting in and for the borough in which such offence shall have been committed, at a time and place to be named in such summons and if such party shall not appear accordingly the justices of the peace then and there present (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,) may either proceed to hear and determine the case in the absence of the party, or may issue their warrant for apprehending, and bringing such party before them, as they shall think proper. CXXVIII. That it shall be lawful for any justice of the peace acting mon witnesses. in and for any borough to issue his summons requiring any person to appear before any such justices of the peace for the purpose of giving Penalty for dis- evidence touching any offence against this act and if any person so summoned shall neglect or refuse to appear at the time and place summons, &c. appointed by such summons, and no reasonable excuse for his absence shall be proved before the justices of the peace then and there present, or if any person appearing in obedience to such summons shall refuse to be examined on oath touching any such offence by the justices then and there present, every person so offending shall, on conviction thereof before the said justices, or any other justices of the peace, forfeit and pay such sum of money not exceeding five pounds as to the convicting justices shall seem meet; and no person, although liable to the rate contributing to the borough fund of any borough, shall be deemed an incompetent witness in proof of any offence against this act by reason of any penalty or forfeiture for such offence being applicable to the use of such borough fund; and no justice of the peace shall be disabled from acting in the execution of this act by reason of his being liable to the rate contributing to the borough fund of any borough. No witness or justice to be in competent on the ground of rateability. Payment of penalties; may be levied by distress; CXXIX. That the justices of the peace by whom any person shall be summarily convicted and adjudged to pay any sum of money for any offence against this act may adjudge that such person shall pay the same either immediately or within such period as the said justices shall think fit; and in case such sum of money shall not be paid at the time so appointed the same shall be levied by distress and sale of the goods and chattels of the offender, with the reasonable charges of such or offender im- distress; and for want of sufficient distress such offender shall be prisoned. imprisoned, with or without hard labour, in the common gaol or house of correction, as to the convicting justices shall seem meet, for any term not exceeding one calendar month where the sum to be paid shall not exceed five pounds, and for any term not exceeding two calendar months in any other case, the imprisonment to cease in each of the cases aforesaid upon payment of the sum due. CXXX. That the justices of the peace before whom any person shall be summarily convicted of any offence against this act may cause the Form of conconviction to be drawn up in the following form of words, or in any viction. other words to the like effect, as the case may require; (that is to say,) to wit, {BE it remembered, That on the in the year of our Lord in the county of day of A. O. is convicted before us, J. P. and J. J. P., two of his Majesty's justices of the peace for the said county [or borough, or otherwise, as the case may be,] for that the said A. O. did [here specify the offence, and the time and place when and where the same was committed, as the case may be]; and we do ad'judge that the said A. O. shall for the said offence forfeit the sum of and shall pay the same immediately [or shall pay the same on or before the day of ]to the treasurer for the said borough, to be by him applied according to the directions of the statute in that case made and provided. 'Given under our hands the day and year first above mentioned.' CXXXI. That any person who shall think himself aggrieved by any Appeal against summary conviction in pursuance of this act may appeal to the next convictions uncourt of general or quarter sessions of the peace to be holden not less der this act. than twelve days after such conviction for the county or for the borough 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 a sufficient surety, before a justice of the peace, within such three days, or at any time during his custody, on giving to the complainant three days' notice in writing of his intention so to do, and of the name, description, and place of abode of his proposed surety, 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 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 dealt with and punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. CXXXII. That no conviction, order, warrant, or other matter made No certiorari, or purporting to be made by virtue of this act shall be quashed for &c. want of form, or be removed by certiorari or otherwise into any of his Majesty's courts of record at Westminster; and no warrant of commit- As to informament shall be held void by reason of any defect therein, provided that it lity in warbe therein alleged that it is founded on a conviction, and there be a rants, &c. good and valid conviction to sustain the same; and where any distress shall be made for levying any money by virtue of this act the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage, if any, in an action upon the case. |