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fence, wall, stile, or gate.*
said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may fur ther order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.
Destroying, &c. any XXIII. And be it enacted, That if any person shall unlawfully and maliciously cut, break, throw down, or in anywise destroy any fence of any description whatsoever, or any wall, stile, or gate, or any part thereof respectively, every such offender, being convicted before a justice of the peace, shall for the first offence forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if
See post, s. 32, 33, respecting the application of forfeitures and penalties upon summary convictions and the power of justice to commit in default of payment.
male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.
compensation not ex
XXIV. And be it enacted, That if any per- Persons committing son shall wilfully or maliciously commit any damage to any prodamage, injury, or spoil to or upon any real perty, in any case not previously provided or personal property whatsoever, either of a for, may be compelled public or private nature, for which no remedy by a justice to pay or punishment is herein-before provided, every ceeding 57. such person, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money as shall appear to the justice to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of five pounds; which sum of money shall, in the case of private property, be paid to the party aggrieved, except where such party shall have been examined in proof of the offence; and in Application of the such case, or in the case of property of a money awarded, see public nature, or wherein any public right post, s. 32. is concerned, the money shall be applied in such manner as every penalty imposed by a justice of the peace under this Act is here inafter directed to be applied; and if such sum of money, together with costs (if ordered), shall not be paid immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, the justice may 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, as the justice shall think fit, for any term not exceeding two calendar months, unless such sum and costs
be sooner paid: Provided always, That no- To what cases this thing herein contained shall extend to any section does not ex
Malice against the
any offence under
case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as before the passing of this Act.
XXV. And be it enacted, That every pu
owner not essential to nishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.
Principals in the second degree, and accessories.
Abettors in misdemeanors.
The court may, for
all offences within
XXVI; And be it enacted, That in the case of every felony punishable under this Act, every principal in the second degree, and every accessory before the fact, shall be pu nishable with death or otherwise, in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor, punishable under this Act, shaft be liable to be indicted and punished as a principal offender.
XXVII. And be it enacted, That where any person shall be convicted of any indict labour or solitary con- able offence punishable under this Act, for which imprisonment may be awarded, it shall
be lawful for the court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such im prisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.
XXVIII. And, for the more effectual ap- Persons in the act of prehension of all offenders against this Act, committing any be it enacted, That any person found comprehended without a mitting any offence against this Act, whether warrant. the same be punishable upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the e property injured, or his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law.
XXIX. And be it enacted, That the pro- Limitation as to sumsecution for every offence punishable on summary proceedings. mary conviction under this Act shall be commenced within three calendar months after the commission of the offence, and not
otherwise; and the evidence of the party Competency of witaggrieved shall be admitted in proof of the nesses. offence, and also the evidence of any inhabitant of the county, riding, or division in which the offence shall have been committed, notwithstanding any forfeiture or penalty ineurred by the offence may be payable to the general rate of such county, riding, or division.
XXX. And, for the more effectual prose cution of all offences punishable on summary
Mode of compelling the appearance of
persons punishable on summary conviction.
Abettors in offences punishable on summary conviction.
conviction under this Act, be it enacted, 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 abode), the justice may either proceed to hear and de termine the case ex parte, or issue his 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 summons (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 determine the case.
XXXI. And be it enacted, That where any offence 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, any person who shall aid, abet, counsel, or procure the commission of such offence, 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 subsequent offence as a principal offender is by this Act made liable,