Page images
PDF
EPUB

Common

who shall obstruct or delay any such Constable or Officer in so ized to enter entering, and any Person who, by any Bolt, Bar, Chain, or other any House susContrivance, shall secure any external or internal Door of or Common

pected to be a Means of Access to any House, Room, or Place so authorized to Gaming House be entered, or shall use any Means or Contrivance whatsoever for the Purpose of preventing, obstructing, or delaying the Entry of any Constable, or Officer authorized as aforesaid into any such House, Room, or Place, or any Part thereof, may for every such Offence, on a summary Conviction of the same before Two Justices of the Peace, be adjudged by such Justices to forfeit and pay any Penalty not exceeding One hundred Pounds, together with such Costs attending the said Conviction as to the said Justices shall appear reasonable ; and on the Nonpayment of such Penalty and Costs, or in the first instance, if to the said Justices it shall seem fit, may be committed to the Common Gaol or House of Correction, with or without Hard Labour, for any Period not exceeding Six Calendar Months.

II. Where any Constable or Officer authorized as aforesaid Obstructing to enter any House, Room, or Place is wilfully prevented from Entry of Conor obstructed or delayed in entering the same or any Part Evidence of thereof, or where any external or internal Door of or Means House being a of Access to any such House, Room, or Place so authorized to be entered shall be found to be fitted or provided with any

Gaming House. Bolt, Bar, Chain, or any Means or Contrivance for the Purpose of preventing, delaying or obstructing the Entry into the same or any part thereof of any Constable or Officer authorized as aforesaid, or for giving an Alarm in case of such Entry, or if any such House, Room, or Place is found fitted or provided with any Means or Contrivance for unlawful Gaming, or with any Means or Contrivance for concealing, removing, or destroying any Instruments of Gaming, it shall be Evidence, until the contrary be made to appear, that such House, Room, or Place is used as a common Gaming House within the Meaning of this Act and of the former Acts relating to Gaming, and that the Persons found therein were unlawfully playing therein.

III. If any Person found in any House, Room, or Place Penalty on entered by any Constable or Officer authorized as aforesaid to Persons apenter the same, upon being arrested by any such Constable or

prehended for

giving false Officer, or upon being brought before any Justices, on being Names or required by such Constable or Officer, or by such Justices, to Addresses. give his Name and Address, shall refuse or neglect to give the same, or shall give any false Name or Address, he may, upon summary Conviction thereof before the same or any other Justices, be adjudged to pay any Penalty 'not exceeding Fifty Pounds, together with such Costs as to such Justices shall appear reasonable, and on the Nonpayment of such Penalty and Costs, or in the first instance, if to such Justices it shall seem fit, may be imprisoned in the Common Gaol or House of Correction for any Period not exceeding One Month.

IV, Any Person, being the Owner or Occupier, or having Penalties on the Uge of any House, Room, or Place, who shall open, keep,

Persons keep

vidence

ing Gaming or use the same for the Purpose of unlawful Gaming being Houses

carried on therein, and any Person who, being the Owner or Occupier of any House or Room, shall knowingly and wilfully permit the same to be opened, kept, or used by any other Person for the Purpose aforesaid, and any Person having the Care or Management of or in any Manner assisting in conducting the Business of any House, Room, or Place opened, kept or used for the Purpose aforesaid, and any Person who shall advance or furnish Money for the Purpose of Gaming with Persons, frequenting such House, Room, or Place, may, on summary Conviction thereof before any Two Justices of the Peace, be adjudged by such Justices to forfeit and pay such Penalty not exceeding Five hundred Pounds as to such Justices shall seem fit, and may be further adjudged by such Justices to pay such Costs attending such Conviction as to them shall seem reasonable; and on the Nonpayment of such Penalty and Costs, or in the first instance, if to the said Justices it shall seem fit, may be committed to the Common Gaol or House of Correction with or without Hard Labour, for any Time not exceeding Twelve

Calendar Months. Justices may V. It shall be lawful for the Justices before whom any of the Persons

ng Persons shall be brought who have been found in any House, apprehended to Room, or Place entered in pursuance of any Authority granted be sworn and under the Provisions of the said Act of the Eighth and Ninth

ence. Years of Her Majesty to require any of such Persons to be

examined on Oath and give Evidence touching any unlawful Gaming in such House, Room, or Place, or touching any Act done for the Purpose of preventing, obstructing, or delaying the Entry into such House, Room, or Place or any Part thereof of any Constable or Officer authorized as aforesaid; and no Person so required to be examined as a Witness shall be excused from being so examined when brought before such Justices as aforesaid, or from being so examined at any subsequent Time, by or before the same or any other Justices, or by or before any Court, on any Proceeding, or the Trial of any Indictment, Information, Action or Suit in anywise relating to such unlawful Gaming or any such Acts as aforesaid, or from answering any Question

put to him touching the Matters aforesaid, on the Ground that Penalty on

his Evidence will tend to criminate himself; and any such Person refusing to be

so required to be examined as a Witness who refuses to make Oath accordingly or to answer any such Question as aforesaid, shall be subject to be dealt with in all respects as any Person appearing as a Witness before any Justices or Court in obedience to a Summons or Subpæna, and refusing, without lawful Cause or Excuse, to be sworn or to give Evidence, may by Law be

dealt with. Persons re VI. Every Person so required to be examined as a Witness quired to be

as aforesaid, who upon such Examination shall make true and examined as Witnesses, and faithful Discovery to the best of his Knowledge of all Things making a full as to which he is so examined, shall receive from the Justices or

scovery, to Judge of the Court by whom he is examined, a Certificate in

Sworn,

Disco

&c.

[ocr errors]

Writing to that Effect, and shall be freed from all Criminal be freed from
Prosecutions, and Penal Actions, and from all Penalties, For- all Penalties,
feitures, and Punishments to which he may have become liable
for anything done before that Time in respect of the Matters
touching which he has been so examined; but such Witness
shall not be indemnified under this Act unless he receive from
such Justices or Judge a Certificate in Writing under their
Hands, stating that such Witness has on his Examination made
a true Disclosure touching all Things as to which he has been
examined ; and if any Action, Information, or Indictment be at
any Time pending in any Court against any Person so examined
in respect of any Act of Gaming touching which he was so
examined, and if any Action, Information or Indictment be at any
Time pending in any Court against any Person so examined as a
Witness in manner before mentioned, for any such Matter or
Thing, such Court shall on the Production and Proof of such
Certificate, stay the Proceedings in any such Action, Information,
or Indictment, and may, in its Discretion, award to such Person
such Costs_ as he may have been put to by such Action, Infor-
mation, or Indictment.

VII. If any Person convicted under this Act on Information Penalties and before Justices shall be adjudged to pay any Penalty or any levied by DisCosts and Charges attending the Conviction, and shall

fail to tress.
pay such Penalty or Costs, the same may be levied by Distress
and Sale of the Goods and Chattels of the Offender, by Warrant
under the Hand and Seal of One of the convicting Justices :
Provided always, that if any Person shall be committed to Prison
for Default of Payment of any Penalty and Costs, then the
Costs alone may be levied by Distress as aforesaid.

VIII. One Half of any pecuniary Penalty which shall be Applications of
adjudged to be paid under this Act shall be paid to the Person Penalties.
laying the Information upon which the Conviction takes place,
and the remaining Half shall be applied in aid of the Poor Rate
of the Parish in which the Offence shall have been committed,
and shall be paid for that Purpose to the Overseer or other
Person authorized to receive Poor Rates in such Parish, or if
the Place wherein the Offence shall have been committed shall
be extra-parochial, then the Justices by whom such Penalty
shall be adjudged to be paid shall direct such remaining Half
thereof to be applied in aid of the Poor Rate of such extra-
parochial Place, or if there shall not be any Poor Rate therein,
in aid of the Poor Rate of any adjoining Poor Rate or District.

IX. In case any Person who shall have laid any Information On Neglect to in respect of any Offence against this Act shall not appear at prosecute any the Time at which the Defendant shall have been summoned tices may to appear, or at any Time to which the Hearing of the Summons authorize some may have been adjourned, or, if such Person, in the Opinion of other person to any Justices having Authority to adjudicate with respect to the proceed. Offence charged in such Information as aforesaid, shall otherwise have neglected to proceed upon or prosecute such Information with due Diligence, it shall be lawful for such Justices R3

to

1

to authorize any other Person to proceed on such Information and Summons instead of the Person to whom the same may have been granted, or such Justices may dismiss the first Information and Summons, and authorize any Person to lay a fresh Information in respect to the Offence charged in such first Information, in like Manner as if the previous Summons had not been

granted. Appeal to X. Any Person who shall be summarily convicted under this Quarter

Act Sessions.

may appeal to the next General or Quarter Session of the Peace to be holden for the County or Place wherein the Cause of Complaint shall have arisen, provided that such Person, at the Time of such Conviction, or within Forty-eight Hours thereafter, enter into a Recognizance, with Two sufficient Securities, conditioned personally to appear at the said Session to try such Appeal, and to abide the further Judgment of the Court at such Session, and to pay such Costs as shall be by the lastmentioned Court awarded; and it shall be lawful for the Magistrate or Justices by whom such Conviction shall have been made to bind over any Party who shall have made Information against the Party convicted, and any Witnesses who shall have been examined, in sufficient Recognizances, to attend and be examined at the Hearing of such Appeal; and every such Witness, on producing a Certificate of being so bound, under the Hand of the said Magistrate or Justices, shall be allowed Compensation for his or her Time, Trouble, and Expenses in attending the Appeal, which Compensation shall be paid in the first instance by the Treasurer of the County or Place, in like

Manner as in Cases of Misdemeanor, under the Provisions of 7 & 8 G. 4. an Act passed in the Seventh Year of the Reign of King George

the Fourth, intituled An Act for improving the Administration of Criminal Justice in England, and in case any such Appeal shall be dismissed, and the Order or Conviction affirmed, the reasonable Expenses of all such Witnesses attending as aforesaid, to be ascertained by the Court, shall be repaid to the said

Treasurer by the Appellant. No Objection XI. On any such Appeal, no Objection shall be allowed to allowed in Mat- the Information whereon the Conviction has taken place, or to ter of Form.

such Conviction, on any Matter of Form or on any Insufficiency of Statement, provided it shall appear to the Justices in Quarter Sessions that the Defendant has been sufficiently informed of the Charge intended to be made against him, and that such Conviction

was proper on the Merits of the Case; and no Information, Judgment not Conviction, or Judgment of the Justices in General or Quarter removable by

Sessions shall be removed by Certiorari into the Court of Certiorari.

Queen's Bench. Distress not XII. When any Distress shall be made for any Maney to unlawful for

be levied by virtue of the Warrant of any Justice under this Want of Form.

Act, the Distress shall not be deemed unlawful, nor shall any
Party making the same be deemed a Trespasser, on account of
any Defect or Want of Form in the Information, Summons,
Warrant of Apprehension, Conviction, Warrant of Distress, or

other

c. 28.

[ocr errors]

other Proceeding relating thereto, nor shall such Party be deemed a Trespasser from the Beginning, on account of any Irregularity which shall be afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage by an Action on the Case in any of Her Majesty's Courts of Record.

XIII. No Plaintiff shall recover in any Action for any Tender of Irregularity, Trespass, or other wrongful Proceeding made or Amenda committed in the Execution of this Act, or in, under, or by virtue of any Authority hereby given, if Tender of sufficient Amends shall have been made by or on behalf of the Party who shall have committed such Irregularity, Trespass, or other wrongful Proceeding before such Action brought; and in case DO Tender shall have been made it shall be lawful for the Defendant in any such Action, by Leave of the Court where such Action shall depend, at any s'ime before Issue joined to pay into Court such Sum of Money as he shall think fit, whereupon such Proceeding, Order, and Adjudication shall be bad and made in and by such Court as in other Actions where Defendants are allowed to pay Money into Court.

XIV. No Action, Suit, or Information, or any other Pro- Limitation of ceeding, of what Nature soever, shall be brought against any

Actions. Person for anything done or omitted to be done in pursuance of this Act, or in the Execution of the Authorities under this Act, unless Notice in Writing shall be given by the Party intending to prosecute such Suit, Information, or other Proceeding, to the intended Defendant, One Calendar Month at least before prosecuting the same, nor unless such Action, Suit, Information, or other Proceeding shall be brought or commenced within, Three Calendar Months next after the Act or Omission complained of, or in Case there shall be a Continuation of Damage, then within Three Calendar Months next after the doing such Damage shall have ceased.

XV. This Act shall commence and come into operation on Commencethe First Day of August One thousand eight hundred and fifty- ment of Act. four.

CAP. XXXIX.
An Act to indemnify such Persons in the United

Kingdom as have omitted to qualify themselves for
Offices and Employments, and to extend the Time
limited for those Purposes respectively.

[24th July 1854.] · WHEREAS divers Persons who, on account of their

Offices, Places, Employments, or Professions, or any • other Cause or Occasion, ought to have taken and subscribed

the Oaths or Assurance respectively appointed to be by such - Persons taken and subscribed in and by an Act of the First ' Year of King George the First, Statute Two, Chapter Thirteen; 1 G. 1. st. 2. or to have qualified themselves according to an Act of the c. 18.

R 4

• Thirteenth

« EelmineJätka »