Convictions, 7 & 8 G.4, c.29. Proviso. 7 & 8 G.4, c. 30. Application of forfeitures and penalties upon summary convictions. amount of any injury done, (such value or 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 value or 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 situate, whether the same shall or shall not contribute to such general rate: Provided always, that where 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 value of the property or to the amount of the injury, 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 hereinbefore directed to be applied. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XXXII. And, with regard to the application of all forfeitures and penalties upon summary convictions under this Act, be it 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 Convictions, 7 & 8 G.4, c. 30. which shall be imposed as a penalty by any justice of the LARCENY ACT. 7 & Geo. 3, c. 29. 7 & 8 G.4,c.29. Sect. LXX. And be it enacted, That in case any person con- A summary victed of any offence punishable upon summary conviction by conviction shall virtue of this Act, shall have paid the sum adjudged to be paid, other proceedbe a bar to any together with costs, under such conviction, or shall have re- ing for the same ceived a remission thereof from the crown, or shall have suffered cause. the imprisonment awarded for nonpayment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from his conviction in the manner aforesaid, in every such case he shall be released from all further or other proceedings for the same cause. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. 7 & 8 G.4, c. 30. Sect. XXXVI. And be it enacted, That in case any person A summary convicted of any offence punishable upon summary conviction conviction shall by virtue of this Act shall have paid the sum adjudged to be be a bar to any Convictions, 7&8 G. 4, c. 30. other proceeding for the same cause, 9 Geo. 4, c. 31. Provision for offences against this Act, punishable on summary conviction. Time for summary proceedings. Form of conviction. paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from his conviction in the manner aforesaid, in every such case he shall be released from all further or other proceedings for the same cause. LORD LANSDOWNE'S ACT. 9 G. 4, c. 31. Sect. XXXIII. And, for the more effectual prosecution of offences punishable upon summary conviction by virtue of this Act, be it 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 before any two justices of the peace, 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) the justices may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the justice before whom the charge shall be made may (if he shall so think fit) issue such warrant in the first instance, without any previous summons. Sect. XXXIV. Provided always, and be it enacted, That the prosecution for every offence punishable on summary conviction by virtue of this Act shall be commenced within three calendar months after the commission of the offence, and not otherwise. Sect. XXXV. And be it enacted, That the justices before whom any person shall be summarily 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; (that is to say,) 'BE it remembered, That on the in the year of our Lord day of the county of [or riding, division, liberty, city, etc. for the space of sum of for the space of diate payment of the said sums, to be imprisoned in the of ], and we direct that the said sum of [i.e. the amount of the fine] shall be paid to aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided; and we order that the said sum of for costs shall be paid to C. D. [the party aggrieved]. Given under our hands the day and year first above mentioned.’ Convictions, Summary. 9 G. 4, c. 30. Sect. XXXVI. And be it enacted, That no such conviction No certiorari, shall be quashed for want of form, or be removed by certiorari or &c. 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. For summary convictions under the Game Act, see POACHING. Coroner. 7 Geo. 4, c. 64. Duty of Coroner. (1 & 2 P. & M. c. 13, s. 5, repealed.) Penalty on justices and coroners. (1 & 2 P. & M. c. 13, s. 5, repealed.) Provisions to apply to all justices and coroners. CORONER. The 1 & 2 Phil. & Mary, c. 13, repealed by 7 Geo. 4, c. 64. CRIMINAL JUSTICE ACT. 7 Geo. 4, c. 64. Sect. IV. And be it further enacted, That every coroner, upon any inquisition before him taken, whereby any person shall be indicted for manslaughter or murder, or as an accessory to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material; and shall have authority to bind by recognizance all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, at which the trial is to be, then and there to prosecute or give evidence against the party charged, and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper officer of the court in which the trial is to be, before or at the opening of the court. By sect. V. If any justice or coroner shall offend in any thing contrary to the true intent and meaning of these provisions, the court, to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition, ought to have been delivered, shall, upon examination and proof of the offence in a summary manner, set such fine upon any such justice or coroner as the court shall think fit. By sect. VI. All these provisions relating to justices and coroners, shall apply to the justices and coroners, not only of counties at large, but also of all other jurisdictions. (1 & 2 P. & M. c. 13, s. 6, repealed.) |