Page images
PDF
EPUB

virtue of this act shall be commenced within three calendar months after the commission of the offence. § 36.

Application of Penalties.-Every sum which by any justices of the peace shall be adjudged to be paid for any offence against this act shall be paid to the receiver, to be by him applied as part of the funds for the purposes of the police; and no person, although liable to the payment of money for the maintenance of the police, shall by reason thereof, or by reason of the application of any penalty to the use of the police funds, be deemed to be an incompetent witness in any proceeding for any offence against this act, or in any matter relating to the money to be raised for the maintenance of the police, or in any other matter mentioned in this act; 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 payment of any money for the maintenance of the police. § 37.

Nonpayment of Penalties.-The justices of the peace, by whom any person shall be convicted and adjudged to pay any sum of money, may adjudge that such person shall pay the same either immediately, or within such period as they shall think fit; and that, in default of payment, he shall be imprisoned in the common gaol or house of correction for any term not exceeding two calendar months where the sum shall not exceed five pounds, and for any term not exceeding four calendar months, where the sum shall not exceed ten pounds, and for any term not exceeding six calendar months in any other case. § 38.

Form of Conviction.—The justices may cause the conviction to be drawn up in the following form, or in any other form of words to the same effect, as the case may require:

}

Be it remembERED, That on the
year of our Lord

at

day of in the to wit. in the county of A. B. is convicted before us [naming the justices], two of his majesty's justices of the peace for the said county, for that he the said A. B. did [specify the offence, and the time and place when and where the same was committed, as the case may be]; and we the said justices adjudge the said A. B. for his said offence to forfeit and pay the sum of [here state the amount of the sum to be paid]; and in default of immediate payment of the said sum, to be imprisoned in the for the space of unless the said sum shall be sooner paid; [or, and we order that the said sum shall be paid by the said A. B. on or before the ; and in default of payment on or before that day, we adjudge the said A. B. to be imprisoned in unless the said sum shall be

the

for the space of

day of

sooner paid.] And we direct that the said sum shall be paid to the Receiver for the Metropolitan Police District, to be by him applied according to the Act passed in the tenth year of the reign of his majesty King George the Fourth, intituled An Act for improving the police in and near the metropolis. Given under our hands the day and year first above mentioned.

Informality of Proceedings.- No conviction, order, warrant, or other matter, shall be quashed for 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 commitment shall be held void by reason of any defect therein, provided that it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same; and where ang distress

N

shall be made, 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. § 40.

Form of Action.-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 notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar mouth 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 before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client; and though a verdict shall be given for the plaintiff, such plaintiff shall not have costs against the defendant, unless the judge shall certify his approbation of the action, and of the verdict obtained thereupon. § 41.

By section 42 it is enacted, That nothing in this act shall affect or alter an act passed in the third year of the reign of his present majesty, intituled An Act for the more effectual administration of the office of a Justice of the Peace in and near the metropolis, and for the more effectual prevention of depredations on the river Thames and its vicinity, for seven years; or an act passed in the sixth year of the present reign, intituled An Act to amend an act for the more effectual administration of the office of Justice of the Peace in and near the metropolis.

The SCHEDULE to which the Act refers.

A LIST of the PARISHES, TOWNSHIPS, PRECINCTS, and PLACES referred to by the Act as constituting THE METROPOLITAN POLICE DISTRICT.

COUNTY OF MIDDLESEX.

City and Liberties of Westminster.

The Parishes of St. Margaret and St. John the Evangelist

The Parish of St. Martin-in-the-Fields

The Parish of St. George, Hanover Square

The Parish of St. James

The Parish of St. Mary-le-Strand as well within the liberty of Westminster as The Parish of St. Clement Danes J

The Parish of St. Paul, Covent Garden

within the Duchy liberty

[blocks in formation]

The Parishes of St. Giles-in-the-Fields and St. George, Bloomsbury
The Parishes of St. Andrew, Holborn, and St. George the Martyr
The Liberty of Saffron Hill, Hatton Garden, and Ely Rents

The Liberty of the Rolls

The Parish of St. Pancras

The Parish of St. John, Hampstead

The Parish of St. Luke

The Parish of St. Mary-le-bone
The Parish of Paddington
The Precinct of the Savoy

Finsbury Division.

The Liberty of Glasshouse Yard The Parish of St. James, Clerkenwell, including both districts of St. James and St. John

Tower

The Parish of St. Mary, Whitechapel
The Parish of Christchurch
The Parish of St. Leonard, Shoreditch
The Liberty of Norton Falgate
The Parish of St. John, Hackney
The Parish of St. Matthew, Bethnal
Green

The Hamlet of Mile End Old Town
The Hamlet of Mile End New Town
The Parish of St. Mary, Stratford Bow
The Parish of Bromley St. Leonard
The Parish of All Saints, Poplar
The Parish of St. Ann, Limehouse
The Hamlet of Ratcliffe

The Parish of St. Sepulchre
The Parish of St. Mary, Islington
The Parish of St. Mary, Stoke New-
ington

The Charter House

Division.

[blocks in formation]

The Parish of St. Paul, Shadwell
The Parish of St. George in the East
The Parish of St. John, Wapping
The Liberty of East Smithfield
The Precinct of St. Catherine

The Liberty of his Majesty's Tower of
London, consisting of

The Liberty of the Old Artillery
Ground.

The Parish of Trinity, Minories
The Old Tower Precinct

The Precinct of the Tower Within
The Precinct of Wellclose

Division.

The Parish of Chiswick

The Parish of Ealing

The Parish of Acton

[blocks in formation]

96

Justice of Peace for the Metropolis. [10 GEO IV.

BOROUGH OF SOUTHWARK.

The Parish of St. George
The Parish of St. Saviour
The Parish of St. John

The Parish of St. Olave
The Parish of St. Thomas

OFFICE OF JUSTICE OF PEACE FOR THE METROPOLIS. CAP. 45.-An Act to continue, until the 5th July, 1832, on act for the more effectual administration of the office of a Justice of the Peace in and near the metropolis. [19th June, 1829. The 3. Geo. IV. c. 55. intituled An Act for the more effectual administration of the office of a Justice of the Peace in and near the metropolis, and for the more effectual prevention of depredations on the river Thames and its vicinity for seven years, which act was amended by the 6 Geo. IV. c. 21. intituled An Act to amend an act for the more effectual administration of the office of Justice of the Peace in and near the metropolis, shall continue in force, as amended by this act, until the 5th July, 1832, and from thence until the end of the then next session of parliament. § 1.

Patrol to be placed under the new Police Office.-And whereas, in case of the establishment of a new Police Office for the administration of the police in and near the metropolis, it may be expedient that the horse and foot patrol, now acting under the chief magistrate of the Public Office in Bow Street, should be placed under the orders of such new Police Office; it is therefore enacted, That it shall be lawful for one of his majesty's principal secretaries of state to direct that such horse and foot patrol shall be under the orders of the justices of such new Police Office; and that any of such justices shall have power to administer an oath to the same effect as the chief magistrate of the office in Bow Street is empowered to administer by the said act of the 6 Geo. IV. c. 21. and the persons taking such oath shall have power to act as constables within the same counties and places as are mentioned in the said last-mentioned act, and shall have all such powers, authorities, privileges, and advantages as any constable now has or hereafter may have within his constablewick; and it shall be lawful for the principal secretary of state to direct that the receiver appointed under the said act of the 3 Geo. IV. c. 55. shall, out of the moneys issued to him, pay over in each year to such person as may be appointed receiver of moneys applicable to the purposes of such new police, such sum as may now by law be applied to the maintenance of the said horse and foot patrol. § 2.

Penalties and Forfeitures, And whereas it is expedient to remove all doubts respecting the application of such penalties and forfeitures as may be recovered before any justice at any of the offices mentioned in the act of the 3 Geo. IV. c. 55. it is enacted, That where by any act any penalties or forfeitures, or shares of penalties or forfeitures shall be recoverable in a summary manner

c. 45, 46.] Justice of Peace for the Metropolis.

97

before any justice of the peace, and by such act or acts the same are or shall be limited and made payable to his majesty, or to any body corporate, or to any person whatsoever, save and except the informer who shall sue for the same, or any party aggrieved, in every such case the same, if recovered or adjudged before any justice at any of the said offices, shall, notwithstanding any thing in such act or acts, be recovered for and adjudged to be paid to the receiver for the time being mentioned in the said act of the 3 Geo. IV. to be by him applied for the purposes of the said act; and the same shall not in any case be recovered by or adjudged to be paid to any other person than the said receiver, unless such person be the informer or the party aggrieved; and each of the justices at the said offices, and their clerks, and the said receiver, are hereby released and indemnified from all claims and demands, except those of his majesty, in respect of any penalties or forfeitures, or shares of penalties or forfeitures, which before the passing of this act shall have been received at any of the said offices, and claimed and retained for and on behalf of the said receiver. § 3.

DIVISION OF COUNTIES.

CAP. 46.-An Act for more effectually executing an act of the last session of parliament, for the better regulation of divisions in the several counties of England and Wales. [19th June, 1829. Whensoever the court of quarter sessions shall, under the provisions of the 9 Geo. IV. c. 43. make an order for changing any parish, tithing, township, or place from one division to another, or an order for constituting any new division, and it shall appear that any inconvenience will arise from such change if the high constable or high constables shall continue liable to perform the duties required by divers acts, of giving notice to or serving precepts on petty constables, churchwardens, overseers of the poor, surveyors of the highways, in respect to the whole of his or their hundred or other like district, the same court of quarter sessions shall make an order for remedying such inconvenience, either by directing that where there are more than one high constable such duties shall be divided between them, in such manner as to the court shall seem fit, or, if circumstances shall so require, that the high constable or high constables shall be entirely exempted from the performance of a certain portion of those duties, and that the same portion shall be performed by the high constable of any other hundred, or by some petty constable, tithingman, or other peace officer, or by some other person or persons to be specified in the order. § 1.

But neither this act, nor any order to be made by virtue thereof, shall prejudice or affect the rights of any lord of any hundred, manor, or other franchise, nor any person claiming under him, otherwise than as to the service of process in the cases hereinbefore mentioned or referred to. § 2.

« EelmineJätka »