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costs not ex
fully assault or beat any other person, it shall be lawful for two magistrates two justices of the peace, upon complaint of the party ag- to pay fine and grieved, to hear and determine such offence, and the offender,
ceeding 51. upon conviction thereof before them, shall forfeit and
to them to be meet, not exceeding, together with costs (if ordered), the sum of five pounds, which fine Application of
the fine. shall be paid to some one of the overseers of the poor, or to some other officer 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 to such general rate; and the evidence of any inhabitant of the county, riding or division shall be admitted in proof of the offence, notwithstanding such application of the fine incurred thereby; and if such fine as shall be awarded
Commitment on by the said justices, together with the costs (if ordered), shall
nonpayment. not be paid, either immediately after the conviction, or within such period as the said justices shall at the time of the conviction appoint, it shall be lawful for them to commit the offender to the common gaol or house of correction, there to be imprisoned for any term not exceeding two calendar. months, unless such fine and costs be sooner paid; but if If the magisthe justices, upon the hearing of any such case of assault or trates dismiss battery, shall deem the offence not to be proved, or shall
the complaint, find the assault or battery to have been justified, or so trifling out a certificate
they shall make as not to merit any punishment, and shall accordingly dismiss to that effect. the complaint, they shall forthwith make out a certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.
Sect. XXVIII. And be it enacted, That if any person Such certificate against whom any such complaint shall have been preferred or conviction for any common assault or battery, shall have obtained such shall be a bar
to any other procertificate as aforesaid, or having been convicted shall have
ceedings. paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment awarded for
nonpayment thereof, in every such case he shall be released
from all further or other proceedings, civil or criminal, for the 9 G. 4, c. 31. These provisions Sect. XXIX. Provided always, and be it enacted, That in not to apply to case the justices shall find the assault or battery complained aggravated
of to have been accompanied by any attempt to commit felony, cases, &c.
or shall be of opinion that the same is, from any other cir. cumstance a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act: provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of assault or battery in which any question shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice.
CRIMINAL JUSTICE Act. 7 & 8G.4,c. 28.
7 & 8 Geo. 4, c. 28. Attainder of Sect. IV. And be it enacted, That no plea setting forth any another crime attainder shall be pleaded in bar of any indictment, unless the not pleadable. attainder be for the same offence as that charged in the indict.
Note.-For, as the law stood before this enactment, an attainted person, being considered dead in law, could not be put to answer another indictment, whether the offence secondly charged were before or after the attainder ; unless it were for the benefit of the king, as to procure an escheat in case of treason, or for the use of a private individual to ensure him the restitution of his goods; or lastly, unless the individual received a pardon, in which case the attainder being removed could no longer have availed in pleading, and the pardon might have formed the subject of replication to the plea of auter fois attaint.
ATTEMPTS TO MURDER, &c.
BAIL IN FELONY AND MISDEMEANOR.
Bail in felony The 3 Edw. 1, c. 15; 1 Rich. 3, c. 3; 23 Hen. 6, c. 9;
and 3 Hen. 7, c. 3;
& 2 Phil. & Mary, c. 13; 2 & 3 Phil. misdemeanos. & Mary, c. 10, repealed by 7 Geo, 4, c. 64.
7 G. 4, c. 64. Note.—The writ deponendo ballium being wholly disused in cases of death per infortunium, and the magistrate having Do power to bail a prisoner upon a charge of felony, innocent persons were frequently compelled to remain for many months in gaol, or to apply for their discharge to one of the twelve judges, which was not at all times convenient. The hardships of unmerited imprisonment (to say nothing of the evil society which exists in places of confinement,) was felt by the legislature, and they have thought, doubtless with much truth, that a justice of peace is capable of exercising a very fair judgment on the subject of a defendant's probable guilt or innocence, and have, therefore, confided this power of bailing, in cases of felony, to the magistracy.
In examinations, the new statute so far goes beyond those of Philip and Mary, as that it directs the justice to take the examination of the prisoner or defendant in cases of misdemeanor, and certify it to the court.
CRIMINAL JUSTICE Act.
7 G. 4, c. 64. Sect. I. Be it enacted, That where any person shall be taken Who may be on a charge of felony or suspicion of felony, before one or more admitted to bail justice or justices of the peace, and the charge shall be sup- on a charge of ported by positive and credible evidence of the fact, or by such who may not. evidence as, if not explained or contradicted, shall, in the opi- (3 Ed. 1, c. 15, nion of the justice or justices, raise a strong presumption of the 23 Hen. 6, c. 9, guilt of the person charged, such person shall be committed to repealed.) prison by such justice or justices, in the manner hereinafter mentioned ; but if there shall be only one justice present, and the whole evidence given before him shall be such as neither to raise a strong presumption of guilt nor to warrant the dismissal of the charge, such justice shall order the person charged to be detained in custody until he or she shall be taken before two justices at the least ; and where any person so taken, or any person in the first instance taken before two
Bail in felony justices of the peace, shall be charged with felony or on susand
picion of felony, and the evidence given in support of the misdemeanor.
charge, shall, in their opinion, not be such as to raise a strong
presumption of the guilt of the person charged, and to require 7 G. 4, c. 64.
his or her committal, or such evidence shall be adduced on behalf of the person charged as shall in their opinion weaken the presumption of his or her guilt, but there shall notwithstanding appear to them, in either of such cases, to be sufficient ground for judicial inquiry into his or her guilt, the person charged shall be admitted to bail by such two justices, in the manner hereinafter mentioned : Provided always, that nothing herein contained shall be construed to require any such justice or justices to hear evidence on behalf of any person so charged as aforesaid, unless it shall appear to him or them to be meet and conducive to the ends of justice to hear
the same. 7 G. 4, c. 64. Sect. II. And whereas it is expedient to amend and extend
the provisions of two acts, the first passed in the first and ta 1 & 2 P. & M. second years of the reign of King Philip and Queen Mary, c. 13, repealed. intituled, “An Act appointing an order to justices of the peace 2 & 3 P. & M. for the bailment of prisoners,” and the second passed in the c. 10, repealed. second and third years of the same reign, intituled, “An Act to
take examination of prisoners suspected of manslaughter or
felony;" be it therefore enacted, That the two justices of the person charged peace, before they shall admit to bail, and the justice or with felony, &c. shall be bailed
justices, before he or they shall commit to prison any person or committed,
arrested for felony, or on suspicion of felony, shall take the the justices examination of such person, and the information upon oath shall take down, of those who shall know the facts and circumstances of the in writing, the
case, and shall put the same, or as much thereof as shall be examination, &c., and bind
material, into writing ; and the two justices shall certify such witnesses to bailment in writing; and every such justice shall have autho
rity to bind by recognizance all such persons as know or detrial.
clare any thing material touching any such felony or suspicion of felony, to appear at the next court of
and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions or sessions of the peace, at which
appear at the
the trial thereof is intended to be, then and there to prosecute
Buil, &c. or give evidence against the party accused ; and such justices
7 G. 4, c. 61. and justice respectively shall subscribe all such examinations,
Eaxminations, informations, bailments and recognizances, and deliver or &c. to be cause the same to be delivered to the proper officer of the delivered to the court in which the trial is to be, before or at the opening of court. the court.
Sect. III. And be it further enacted, That every justice of Duty of justice the peace before whom any person shall be taken on a charge on charges of
misdemeanor. of misdemeanor, or suspicion thereof, shall take the examination of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing, before he shall commit to prison or require bail from the person so charged; and in every case of bailment shall certify the bailment in writing; and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments and recognizances, deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, in like manner as in cases of felony.
Bigamy. 4 Edw. 1, st. 3, c. 5, [as far as relates to Bigamists]; 18 Edw.
3, st. 3, c. 2, [as far as relates to Bigamists]; 1 Edw. 6, c. 12, s. 16; 2 Jac. 1, c. 11, vulgo.; 35 Geo. 3, c. 67
; repealed by 9 Geo. 4, c. 31.
LORD LANSDOWNE's Act.
9 G. 4, c. 31. Sect. XXII. And be it enacted, That if any person, being Bigamy. married, shall marry any other person during the life of the