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upon summary con
XXXII. And with regard to the applica- Application of fortion of all forfeitures and penalties upon feitures and penalties summary convictions under this Act, be it victions. enacted, That every sum of money which shall be forfeited for the amount of any injury done (such 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 applied 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 addition to such 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, whether the same shall or shall not contribute
mission of same
to such general rate: Provided always, That Where there are sewhere several persons shall join in the commis veral joined in coinsion of the same offence, and shall, upon offence. conviction thereof, each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such of fenders only; and the corresponding sum or sums forfeited by the other offender or of fenders shall be applied in the same manner as any penalty imposed by a justice of the peace is herein-before directed to be applied.
If a person summarily convicted shall not pay, &c., the justice may commit him.
Scale of imprison
The justice may discharge the offender in certain cases.
Pardon for nonpay
ment of money.
XXXIII. And be it enacted, That in every case of a summary conviction under this Act, where the sum which shall be forfeited 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 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 forfeited, 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; and for any term not exceeding six calendar months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.
XXXIV. Provided always, and be it enacted, 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.
. XXXV. 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.
tion shall be a bar to
XXXVI. And be it enacted, That in case A summary convicany person convicted of any offence punish any other proceeding able upon summary conviction by virtue of for the same cause. 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 for the same
XXXVII. And be it enacted, That the Form of conviction. 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
"in the county of
in the year of our
riding, 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,
inen shall be paid to C. D. [the party ag-
for costs shall be
XXXVIII. And be it enacted, That in all Appeal. 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 complaint shall have arisen; provided that such Notice in writing to person shall give to the complainant a notice be given. 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 Costs. as shall be by the court awarded; and upon such notice being given, and such recogni