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the said sum of [i.e. the value of the articles Convictions,

Summary. stolen, or the amount of the injury done] shall be paid to C. D. (the party aggrieved, unless he is unknown or has been er

7 & 8 G.4,c.29. amined in proof of the offence, in which case state that fact, and dispose of the whole like the penalty, as before ;] and I order that the said sum of

for costs shall be paid [the complainant.] Given under my hand and seal, the day and year first above mentioned.'

to

MaliciouS INJURIES Act.

day of

at

7 & 8 Geo. 4, c. 30.

7 & 8 G.4,c. 30. Sect. XXXVII. And be it enacted, That the justices be- Form of confore whom any person shall be convicted of any offence against viction. 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

in the year of our Lord

in the county of

[ov, 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 pluce 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.0. 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

for costs; and in default of immediate payment of the said sums, to be imprisoned in

[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

day of

Convictions, the

]; and I direct that the Suminary. said sum of

[i. e. the penalty only] shall be paid to of

aforesaid, in which the said 7 & 8 G.4,c. 30.

offence was committed, to be by him applied according to the directions of the statute in that case made and provided; [or, that the said sum of

[i. e. the penalty] shall be paid to, &c. [as before] and that the said sum of [i. e. the sum for the amount of the injury done] shall be paid to C. D. [the party aggrieved, unless he is unknown or has been examined in proof of the offence, iu which case state that fact, and dispose of the whole like the penalty, as before]; and I order, that the said sum of

for costs, shall be paid to

[the complainant]. Given under my hand and seal, the day and year first above mentioned.'

LARCENY Act. Note.-An appeal is allowed to the sessions, when the sum adjudged to be paid shall exceed 5l., or when the imprisonment adjudged shall exceed one calendar month.

7 & 8 G.4,c.29.

7 & 8 Geo. 4, c. 29. Appeal. Sect. LXXII. And be it enacted, That in all 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 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 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 as shall be by the court Convictions, awarded; and upon such notice being given, and such recog

Summary. nizance being entered into, the justice before whom the same shall be entered into, shall liberate such person if in custody ;

7 & 86.4,c. 29. 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.

MALICIOUS INJURIES Act.

7 & 8 Geo. 4, c. 30.

7 & 8 G.4,c. 30. Sect. XXXVIII. And be it enacted, That in all cases where Appeal. 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 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 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 as shall be by the court awarded ; and upon such notice being given, and such recognizance 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

Convictions, matter of the appeal, and shall make such order therein, with Summary. or without costs to either party, as to the court shall seem

meet; and in case of the dismissal of the appeal, or the 7 & 8 G.4,c. 30.

affirmance of the conviction, shall order and adjudge the offen. der 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.

No Certiorari,

8c.

No Certiorari, &c.

LARCENY Act.

1

7 & 8 G.4,c. 29.

7 & 8 Geo, 4. c. 29. No certiorari, Sect. LXXIII. And be it enacted, That no such conviction, &c.

or adjudication made on appeal therefrom, shall be quashed for want of form or be removed by certiorari or otherwise into any of his Majesty'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.

MALICIOUS INJURIES Act. 7 & 8 G.4, c. 30.

7 & 8 Geo. 4, c. 30. No certiorari, Sect. XXXIX. And be it enacted, That no such conviction, &c.

or adjudication made on appeal therefrom, shall be quashed for want of form, or be removed by certiorari or otherwise into any of his Majesty'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.

1

1

LARCENY Act. Note. The convictions are to be returned to the quarter sessions, and a copy is to be deemed evidence.

7 & 8 Geo. 4, c. 29.

Convictions, Sect. LXXIV. And be it enacted, That every justice of the

Summary. peace before whom any person shall be convicted of any offence 7 & 8 G.4,c. 29. against this Act, shall transmit the conviction to the next court

Convictions to of general or quarter sessions which shall be holden for the be returned county or place wherein the offence shall have been committed, the quarter there to be kept by the proper officer among the records of the sessions. court; and upon any indictment or information against any per- How far evison for a subsequent offence, a copy of such conviction, certified dence in future by the proper officer of the court, or 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.

cases.

MALICIOUS INJURIES Act.
7 & 8 Geo. 4, c. 30.

7 & 8 G.4,c.30. Sect. XL. And be it enacted, That every justice of the peace Convictions to before whom any person shall be convicted of any offence be returned to against this Act, shall transmit the conviction to the next court

the quarter

sessions. of general or quarter sessions which 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 against any per- How far evison for a subsequent offence, a copy of such conviction, certified dence in future by the proper officer of the court, or 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.

cases.

Application of Application of the Forfeitures and Penalties. the Forfeitures

und Penalties. LARCENY Act. 7 & 8 Geo. 4, c. 29.

7 & 8 G.4,c. 29. Sect. LXVI. And, with regard to the application of all Application of forfeitures and penalties upon summary convictions under this forfeitures and Act, be it enacted, That every sum of money, which shall be penalties on

summary conforfeited for the value of any property stolen or taken, or for the victions.

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