« EelmineJätka »
advanced, or any other sum of money or reward for the return of such property, or if any person shall print or publish any such *** ******* 31:46 advertisement, in any of the above cases, every such person shall forfeit the sum of fifty pounds Penalty 50% for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit. 1.LX. And be it enacted, That where the Receivers of property, stealing or taking of any property whatsoever where the original is by this Act punishable on summary cons offence is punishable viction, either for every offence, or for the tion. first and second offence only, or for the first offence only, any person who shall receive any such property, knowing the same to be unlawfully come by, shall on conviction thereof before a justice of the peace, be liable, for every first second, or subsequent offence of receiving, to the same forfeiture and punishmente to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by this Act made liable. 11 LXI. And be it enacted, That in the case Principals in the of every felony punishable under this Act, second degree and every principal in the second degree, and accessories.. every accessory before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishablo; and every accessory after the fact to any felony punish able under this Act (except only a receiver of stolen property) sball on conviction be liable to be imprisoned for any terma not exceeding two years, and every person, who Abettors in miodeshall aid, abet, counsel, or procure the com- meanors. mission of any misdemeanor punishable under
this Act, shall be liable to be indicted and
punished as a principal offender. Abettors in offences
LXII. And be it enacted, That if any per, punishable on sum- son shall aid, abet, counsel, or procure the mary conviction.
commission of any offence which is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, every such person shall, on conviction before a justice of the peace, be liable for every 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 sube sequent offence, as a principal offender, is by
this Act made liable. A person in the act of LXIII. And, for the more effectual apprécommitting any of hension and discovery of all offenders punishfence may be appre- able under this Act, be it enacted, That any
person found committing any offence punishe able, either upon indictment or upon sum mary conviction, by virtue of this Act, except only the offence of angling in the day-time, may be immediately appréhended without a warrant 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 authorized by him, and forthwith taken before some neighbouring
justice of the peace, to be dealt with accordA justice upon good ing to law; and if any credible witness shall grounds of suspicion prove, upon oath before a justice of the peace; proved on oath, may
a reasonable cause to suspect that any person grant a search war
has in his possession or on his premises any "property whatsoever, on or with respect to
which any such offence shall have been com mitted, the justice. may grant a warrant to
search for such property, as in the case of stolen goods; and any person, to whom any Any person, to whom property shall be offered to be sold, pawned, stolen property is or delivered, if he shall have reasonable offered, may seize the
party offering it. cause to suspect that any such offence has been committed on or with respect to such
property, is hereby authorized, and, if in his * power, is required 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.
LXIý. And be it enacted, That the pro- Limitation as to sumsecution for every offence punishable on sum- mary proceedings. mary conviction under this Act shall be commeneed within three calendar months after the commission of the offence, and not otherwise; and the evidence of the party Competency of wit
aggrieved shall be admitted in proof of the nesses. it offence, and also the evidence of any inha
bitant 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 3. the general rate of such county, riding, or division,
LXV. And, for the more effectual prosecu- Mode of compelling tion of all offences punishable on summary the appearance of
persons punishable on conviction under this Act, be it enacted,
summary conviction. That'where any person shall be charged, on the oath of a credible witness, before any justice of the peace with any such offence, the justice may summon the person charged to appear at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by
leaving the same at his usual place of abodey the justice may either proceed to hear and determine the case ex parte, or issue hís 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 sum mons (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 de
termine the case. Application of forfeit- LXVI. And, with regard to the application ures and penalties on of all forfeitures and penalties upon summary summary convictions.
convictions under this Act, be it enacted, That every sum of money, which shall be forfeited 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 apa plied 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 addit tion 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, whes
ther the same shall or shall not contribute to
LXVII. And be it enacted, That in every If a person summarily case of a summary conviction under this Act, convicted shall not where the sum which shall be forfeited for the pay, &c. the justice 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 house of correction, there to be imprisoned Scale of imprisonment 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 forfeit-" ed, 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;"