Page images


and for any term not exceeding six calendar months, in any other case; the commitment to be determinable in each of the cases afore said upon payment of the amount and costs. Justice may discharge LXVIII. Provided always, and be it enactthe offender in certain ed, That where any person shall be summarily convicted before a justice of the peace of any offence against this Act, and it shall be a first conviction, 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.

Pardon for nonpayment of money.

other proceeding for the same cause.

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

LXX. And be it enacted, That in case any A summary conviction shall be a bar to 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 from the same cause.

Form of conviction.

LXXI. And be it enacted, That the justice before whom any person shall be convicted of any offence against this Act 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

"of our Lord

in the year


in the County of [or ri"ding, division, liberty, city, &c., as "the case may be,] A. O. is convicted "before me J. P., one of his Majesty'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 66 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 [or to be imprisoned " in the and there kept "to hard labour] for the space of

[ocr errors]
[ocr errors]
[ocr errors]

[or, I adjudge the said A. O.
"for his said offence to forfeit and
66 pay
[here state the pe-
"nalty actually imposed, or state the
"penalty, and also the value of the ar-
"ticles stolen, or the amount of the in-
“jury done, as the case may be], and
"also to pay the sum of

"for costs, and in default of immediate
66 payment of the said sums, to be im-
prisoned in the
[or to be
"imprisoned in the



"there kept to hard labour] for the
space of
unless the said


"sums shall be sooner paid; [or, and



[ocr errors][ocr errors][ocr errors]
[blocks in formation]

66 to
... aforesaid,
"in which the said offence was com-
"mitted, to be by him applied accord-
ing to the directions of the statute in
"that case made, and provided; [or
"that the said sum of
[i. e.





[ocr errors]

"the penalty] shall be paid to, &c.
[as before], and that the said sum of
[i. e. the value of the ar-
"ticles stolen, or the amount of the in-
jury 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 pe-
"nalty, as before]; and I order that the
"said sum of
for, costs, shall
"be paid to
[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 com plaint shall have arisen; provided that such person shall give to the complainant a notice Notice in writing. 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 recogni zance 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 deter mine the matter of the appeal, and shall make such order therein, with or without costs to Costs. 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 judg


[ocr errors]

LXXIII. And be it enacted, That no such No certiorari, &c. 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; Warrant of commitand no warrant of commitment shall be held ment, when defective. void by reason of any defect therein, provided

it be therein alleged that the party has been

Convictions to be re


convicted, and there be a good and valid conviction to sustain the same.

LXXIV. And be it enacted, That every turned to the quarter justice of the peace, before whom any person shall be convicted of any offence against this Act, shall transmit the conviction to the next 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 How far evidence in the records of the court; and upon any indiet

future cases.

Notice of action.

ment or information against any person for a subsequent offence, a copy of 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 shewn.

[ocr errors]

Venue, in proceedings LXXV. And, for the protection of persons against persons acting 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 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 cause there. of, 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, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made be

General issue, &c,

« EelmineJätka »