or division, wherein the cause of complaint shall have arisen; pro- 7 & 8 G.4. c.29. vided that such person shall give to the complainant a notice 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 recognisance 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 recognisance 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 determine the matter of the appeal, and shall make such order therein, with or without costs to 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 judgment. $73. No such conviction or adjudication made on appeal there- No certiorari, from shall be quashed for want of form, or be removed by cer- &c. tiorari or otherwise into any of H. M.'s superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. sessions. 74. Every justice of the peace, before whom any person shall Convictions to be convicted of any offence against this act, shall transmit the be returned to conviction to the next court of general or quarter sessions which the quarter shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information How far eviagainst any person for a subsequent offence, a copy of such con- dence in future viction, certified by the proper officer of the court, or proved to be cases. 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 shown. mill-dam. By stat. 7 & 8 G. 4. c. 30. § 15. If any person shall unlawfully 7 & 8 G.4. c.30. and maliciously break down or otherwise destroy the dam of any Breaking down fishpond, or of any water which shall be private property, or in the dam of a which there shall be any private right of fishery, with intent there- fishery, &c., or by to take and destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein, or shall unlawfully and maliciously break down or otherwise destroy the dam of any millpond, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. 7 & 8 G.4. c.30. § 25. Every punishment and forfeiture by this act imposed on any person maliciously committing any offence, whether the same Malice against 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. the owner not essential to any offence under this act. Principals in the second de gree, and acces sories. 26. In the case of every felony punishable under this act, every principal in the second degree, and every accessory before the fact, shall be punishable 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 Abettors in mis- 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, shall be liable to be indicted and punished as a principal offender. demeanors. The court may, for all offences within this act, order hard labour or solitary confinement. Persons in the act of committing any offence may be apprehended without a warrant. Limitation as to summary proceedings. witnesses. 27. Where any person shall be convicted of any indictable 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 imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet. § 28. And, for the more effectual apprehension of all offenders against this act, it is enacted, that any person found committing any offence against this act, whether 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 property injured, or his servant, or any person authorised by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. § 29. The prosecution for every offence punishable on summary conviction under this act shall be commenced within three calendar months after the commission of the offence, and not otherwise; Competency of and the evidence of the party aggrieved shall be admitted in proof of the 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 incurred by the offence may be payable to the general rate of such county, riding, or division. § 30. And, for the more effectual prosecution of all offences punishable on summary conviction under this act, it is 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 determine 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 7&8 G. 4. c.30. 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. able on sum mary convic § 31. Where any offence is by this act punishable on summary Abettors in ofconviction, either for every time of its commission, or for the first fences punishand second time only, or for the first time only, any person who shall aid, abet, counsel, or procure the commission of such offence, tion. 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. Application of forfeitures and penalties upon summary convictions. $32. And, with regard to the application of all forfeitures and penalties upon summary convictions under this act, it is 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 sitaate, whether the same shall or shall not contribute to such general rate: Provided, that where Proviso. several persons shall join in the commission of the same offence, and shall, upon 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 offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a justice of the peace is herein-before directed to be applied. § 33. In every case of a summary conviction under this act, If a person where the sum which shall be forfeited for the amount of the in- summarily convicted shall not jury done, or which shall be imposed as a penalty by the justice, shall not be paid, either immediately after the conviction, or withpay, &c., the justice may in such period as the justice shall, at the time of the conviction, commit him. 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 Scale of immonths, where the amount of the sum forfeited, or of the penalty prisonment. imposed, or of both (as the case may be), together with the costs, shall not exceed 57.; and for any term not exceeding four calendar months, where the amount, with costs, shall not exceed 107.; and for any term not exceeding six calendar months in any other case; 7&8 G.4. c.30. the commitment to be determinable in each of the cases aforesaid, upon payment of the amount and costs. The justice may discharge the offender in certain cases, Form of con, viction, Appeal. § 34. Provided 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. § 37. 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; viz. BE it remembered, that on the year of our Lord at day of " in the in the county of [or, 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, and the time and place when and where the same was committed, as the case 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· -, [or, I adjudge the said A. O. for his said offence to forfeit and pay [here state the penalty actually imposed, or state the penalty and also the amount of the injury done, as the case may be], and also to pay the sum of sums, to be imprisoned in the for costs; and in default of immediate payment of the said [or, to be imprisoned in the and there kept to hard labour], for the space of unless the said sums shall be sooner paid; [or, and I order that the said sums shall be paid by the said A. O. on or before the -]; and I direct that the said sum of day of "of⋅ afore [i.e. the penalty only] shall be paid to mentioned. § 38. In all cases where the sum adjudged to be paid on any summary conviction shall exceed 5., 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 12 days after the day of such conviction, for the county, riding, or division wherein the cause of complaint shall have arisen: Provided, that such person shall give to the com plainant a notice in writing of such appeal, and of the cause 7 & 8 G.4. c.30. 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 recognisance 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 recognisance 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 determine the matter of the appeal, and shall make such order therein, with or without costs to 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 judgment. 39. No such conviction, or adjudication made on appeal No certiorari, therefrom, shall be quashed for want of form, or be removed by &c. certiorari or otherwise into any of H. M.'s superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. $ 40. Every justice of the peace, before whom any person shall Convictions to be convicted of any offence against this act, shall transmit the con- be returned to viction to the next court of general or quarter sessions which the quartershall be holden for the county or place wherein the offence shall sessions, have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or in- How far eviformation against any person for a subsequent offence, a copy of dence in future such conviction, certified by the proper officer of the court, or cases, 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 shown. $42. This act not to extend to Scotland or Ireland. II. Rules concerning the Assize, and preserving the By stat. 1 G. 1. st. 2. c. 18. § 14. If any person shall lay or draw 1 G.1. st. 2. any net, engine, or other device, or wilfully do or cause any thing c.18. to be done in the Severn, Dee, Wye, Teame, Were, Tees, Ribble, Salmon. Mersey, Dun, Air, Ouze, Swaile, Calder, Wharf, Eure, Darwent, or Trent, whereby the spawn or fry of salmon, or any kepper or shedder salmon, or any salmon not 18 inches or more from the eye to the extent of the middle of the tail, shall be taken and killed, or destroyed; or shall make, erect, or set any bank, dam, hedge, or stank, or net, cross the same, whereby the salmon therein may be taken, or hindered from passing up to spawn; or shall between July 31, and Nov. 12. (except in the Ribble, where they may be taken between Jan. 1. and Sept. 15.) take, kill, destroy, or wilfully hurt any salmon of any kind or size in any of the said |