11VICT.c.20. Sect. 2. "That every such alien so knowingly and wilfully refusing or neglecting to pay due obedience to any such order as aforesaid shall be Penalty on aliens guilty of a misdemeanor, and being convicted thereof shall, at the discredisobeying such tion of the court, be adjudged to suffer imprisonment for any time not exceeding one month for the first offence, and not exceeding twelve months for the second and any subsequent offence.” order. Aliens on neglecting to obey order may be given in charge by warrant of Secretary of State or Lord Lieutenant of Ireland, to be conveyed out of the kingdom. Where any alien shall allege any excuse for not complying with order, Privy Council to judge of the same. Sect. 3. "That it shall be lawful for any one of Her Majesty's principal secretaries of state, or the Lord Lieutenant or chief governor or governors of Ireland, in any case in which any alien shall be found in this realm after the expiration of the time limited in such order, and whether he or she shall or shall not have been arrested or committed for refusal or neglect to obey such order, or convicted of such refusal or neglect, and either before or after such alien shall have suffered the punishment inflicted for the same, by warrant under his hand and seal, to give such alien in charge to one of Her Majesty's messengers, or to any other person or persons to whom he shall think proper to direct such warrant, in order to such alien being conveyed out of the kingdom; and such alien shall be so conveyed accordingly: provided always, that where such alien (not having been convicted as aforesaid) shall allege any excuse for not complying with such order, or any reason why the same should not be enforced, or why further time should be allowed him or her for comof the sufficiency plying therewith, it shall be lawful for the lords of Her Majesty's privy council in Great Britain or in Ireland, as the case may be, to judge of the sufficiency of such excuse or reason, and to allow or disallow the same either absolutely or on such condition as they shall think fit; and where such alien shall be in custody under such warrant of any of Her Majesty's secretaries of state or of the Lord Lieutenant or other chief governor or governors of Ireland as aforesaid, the messenger or other person in whose custody he or she shall be, forthwith upon its being signified to him that such excuse or reason is alleged by such alien, shall make known the same to such secretary of state, or to the Lord Lieutenant or other chief governor or governors of Ireland, as the case may be, who, upon receiving such notification, or in any case in which he or they shall be informed that any such excuse or reason is alleged by or on behalf of any alien to quit the realm, shall forthwith suspend the execution of such warrant until the matter can be inquired into and determined by the said lords of Her Majesty's privy council; and such alien, if in custody under any such warrant, shall remain in such custody, or if not in custody may be given in charge by any such warrant as aforesaid, and shall remain in custody until the determination thereon shall be made known, unless in the meantime such secretary of state, or the Lord Lieutenant or other chief governor or governors of Ireland, shall consent to or the said lords shall make order for the release of such alien, either with or without security provided always, that the lords of Her Majesty's most honourable privy council shall cause to be delivered to such alien, in writing, a matters alleged general summary of the matters alleged against him or her, and shall allow him or her reasonable time to prepare his or her defence; and that it shall be lawful for him or her to summon and examine upon oath witnesses before the said lords of Her Majesty's most honourable privy council, and to be heard before them, by himself or herself, or his or her counsel, in support of the excuse or reason by him or her alleged." Privy Council shall cause a summary of against alien to be delivered to him, &c. Judges may admit aliens to bail in all cases, if they see suffi cient cause. Sect. 4. "Provided always, that in every case in which power is given by this act to commit any alien to gaol without bail or mainprize it shall and may be lawful for any justices of Her Majesty's courts of record at Westminster or in Dublin, or for any of the barons in Great Britain or Ireland, being of the degree of the coif, or for the lord justice clerk or any of the commissioners of justiciary in Scotland, if upon application made he shall see sufficient cause to admit such person to bail, he or she giving sufficient security for his or her appearance to answer the matters alleged against him or her." Where alien shall month after com Sect. 5. " Provided nevertheless, that where any alien who shall have 11VICT.c.20. been committed under this act to remain until he or she shall be taken in charge for the purpose of being sent out of the realm, shall not be sent not have been out of the realm within one calendar month after such commitment, it sent out of the shall in every such case be lawful for any of the justices of Her Majesty's realm within one courts of record at Westminster or in Dublin, or for any of the barons in mitment, judges, Great Britain or Ireland, being of the degree of the coif, or for the lord &c. empowered, where application justice clerk or any of the commissioners of justiciary in Scotland, or for has been made, any two of Her Majesty's justices of the peace in any part of the United to continue in, Kingdom, upon application made to him or them by or on the behalf of alien out of, custhe person so committed, and upon proof made to him or them that tody. reasonable notice of the intention to make such application had been given to some or one of Her Majesty's principal secretaries of state in Great Britain, or to the Lord Lieutenant or chief governor or governors of Ireland, or his or their chief secretary, according to his or their discretion, to order the person so committed to be continued in or discharged out of custody.' وو or discharge such &c., or aliens Sect. 6. " Provided always, that nothing in this act contained shall Act not to extend affect any foreign ambassador or other public minister duly authorized, to ambassadors, nor any person belonging to the diplomatic or domestic establishment of who have resided any such foreign ambassador or public minister, registered as such in the kingdom according to law, or being actually attendant upon such ambassador or minister, nor any alien under the age of fourteen years, or who shall have been residing within this realm for three years next before the passing of this act." for three years. Sect. 7. "That this act shall continue in force for one year from the Duration of act. passing thereof, and until the end of the then next session of Parliament." Animals. c. 107. may be seized pens, hurdles, BY the 11 & 12 Vict. c. 107, intituled "An Act to prevent, until the first 11 & 12 VICT. day of September one thousand eight hundred and fifty, and to the end of the then session of Parliament, the spreading of contagious or infectious disorders among sheep, cattle, and other animals,' (passed 4th September, 1848,) after reciting that a contagious or infectious disorder, known or described as the sheep pox or variola ovina, now prevails among the sheep in some parts of the United Kingdom, and that it is necessary to take measures to prevent such disorder from spreading: it is enacted, that in Infected sheep case any sheep or lambs infected with or labouring under the said disorder, exposed for sale or any disorder of the like nature, be exposed or offered for sale, or be and destroyed, brought or attempted to be brought for the purpose of being so exposed together with or offered for sale, in any market, fair, or other open or public place where &c. other animals are commonly exposed for sale, then and in any such case it shall be lawful for any clerk or inspector or other officer of such fair or market, or for any constable or policeman, or for any other person authorized by the mayor, or by any two justices of the peace having jurisdiction in the place, or for any person authorized or appointed by Her Majesty in council, to seize the same, and to report such seizure to the mayor or any justice of the peace having jurisdiction in the place; and it shall be lawful for such mayor or justice either to restore the same, or to cause the same, together with any pens, hurdles, troughs, litter, hay, straw, or other articles which he may judge likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of in such manner as he shall deem proper, or as may be directed in manner hereinafter provided; and any per- Penalty on son bringing or attempting to bring any sheep, lambs, oxen, bulls, cows, parties exposing cattle for sale, calves, or other horned cattle, into any such market, fair, or open or knowing them public place as aforesaid, knowing such sheep, lambs, or cattle to be to be diseased. L 11 & 12 VICT. infected with or labouring under either of such disorders as aforesaid, c. 107. shall, upon conviction thereof, forfeit and pay for each and every such offence a sum not exceeding twenty pounds." Penalty on persons depasturing diseased sheep, &c. Penalty on persons exposing for sale meat unfit for human food. Privy Council lations as to &c.; as to purifying yards, stables, &c.; Sect. 2. "That if any person turn out, keep, or depasture any sheep or lambs infected with or labouring under the said disorder in or upon any forest, chase, wood, moor, marsh, heath, common, waste land, field, open road side, or other undivided or uninclosed land, such person shall, on conviction thereof, forfeit and pay any sum not exceeding twenty pounds.” Sect. 3. "And whereas it is expedient for the preservation of the public health to make more effectual provision for preventing the exposure for sale of any meat unfit for human food: be it enacted, that if any meat unfit for human food be exposed or offered for sale in any market, fair, or other open or public place, it shall be lawful for such clerks, inspectors, constables, policemen, or other persons authorized as aforesaid to seize the same, and to report such seizure to such mayor or justice as aforesaid; and such mayor or justice may either order the same to be restored, or to be destroyed or otherwise disposed of as aforesaid; and any person publicly exposing or offering such meat for sale shall, upon conviction, forfeit and pay for each and every such offence a sum not exceeding twenty pounds." Sect. 4. "And for the more effectually preventing the spreading of may make regu- contagious or infectious disease, be it enacted, that it shall be lawful for removal of sheep, the lords and others of Her Majesty's Privy Council, or any two or more of them, from time to time to make such orders and regulations as to them may seem necessary for the purpose of prohibiting or regulating the removal, to or from such parts or places as they may designate in such order or orders, of sheep, cattle, horses, swine, or other animals, or of meat, skins, hides, horns, hoofs, or other parts of any animals, or of hay, straw, fodder, or other articles likely to propagate infection; and also for the of purifying any yard, stable, outhouse, or other place, or any purpose waggons, carts, carriages, or other vehicles; and also for the purpose of directing how any animals dying in a diseased state, or any animals, parts of animals, or other things seized under the provisions of this act, are to be disposed of; and also for the purpose of causing notices to be given of the appearance of any disorder among sheep, cattle, or other animals, and to make any other orders or regulations for the purpose of giving effect to the provisions of this act, and again to revoke, alter, or vary any such orders or regulations; and all provisions for any of the purposes aforesaid in any such order or orders contained shall have the like force and effect as if the same had been inserted in this act; and all persons offending offending against against the same shall for each and every offence forfeit and pay any sum not exceeding twenty pounds, or such smaller sum as the said lords or others of Her Majesty's Privy Council may in any case by such order direct." as to disposal of animals dying in an infected state; and as to giving notice of appear ance of disease, &c. Penalty for the same. Orders, &c. to be published in Gazette, and in country newspapers; and to be laid Sect. 5. "That all orders and regulations made under the authority of this act shall, within fourteen days after the issuing thereof, be twice published in the London Gazette; and in case such orders or regulations apply to any particular places or districts, then the same shall also be twice published, within fourteen days as aforesaid, in some newspaper or newspapers circulating in the county or counties within which each of such places or districts, or any part or parts thereof respectively, is or are situated." Sect. 6. "That a copy of every such order or orders shall be laid before before Parliament both houses of Parliament within six weeks after issuing the same, if Parliament be then sitting, and if Parliament be not then sitting, then within six weeks after the commencement of the then next session of Parliament." Penalty for obst: ucting persons in the execution of this act. Sect. 7. "That in case any person wilfully obstruct or impede any person acting under the authority of this act, or of any order or regulation made in pursuance of this act, every person so offending, and all others aiding and assisting therein, shall and may be seized and detained by such c. 107. person so acting under the authority of this act as aforesaid, or any per- 11 & 12 VICT. son or persons he may call to his assistance, until such offender or offenders can be conveniently taken before some justice of the peace having jurisdiction in the county or place wherein such offence shall be committed, and when convicted before such justice as aforesaid (who is hereby authorized and required, upon complaint to him upon oath, to take cognizance thereof, and to act summarily in the premises), shall, in the discretion of such justice, forfeit any sum not exceeding five pounds, and in default of payment thereof shall and may be imprisoned for any term not exceeding two calendar months, unless the amount of the penalty shall have been sooner discharged." recovered before Sect. 8. "That every penalty or forfeiture imposed by this act may be Penalties to be recovered by summary proceeding before two justices; and upon summarily the exhibition of any information in writing before any justice such justice two justices. shall issue a summons requiring the party complained against to appear before two justices having jurisdiction, at a time and place to be named in such summons; and every such summons shall be served on the party offending, either in person or by leaving the same with some inmate, at his last or usual place of abode; and upon the appearance of the party complained against, or in his absence, after proof of the service of such summons, it shall be lawful for any two justices having jurisdiction to proceed to the hearing of the complaint; and upon proof of the offence, either by the confession of the party complained against or upon the oath of one credible witness or more, it shall be lawful for such justices to convict the offender, and upon such conviction to adjudge the offender to pay such penalty as may seem fit, and not greater than the penalty or forfeiture specified in this act, as well as such costs attending the conviction as such justices shall think fit." may commit the Sect. 9. "That if forthwith upon any such adjudication as aforesaid the Penalties to be levied by distress. amount of the penalty or forfeiture, and of such costs as aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress, and such justices, or either of them, or any other justice having jurisdiction as aforesaid, shall issue their or his warrant of distress accordingly." Sect. 10. "That it shall be lawful for any such justice to order any In default of offender so convicted as aforesaid to be detained and kept in safe custody distress, justices until return can be conveniently made to the warrant of distress to be offender to issued for levying such penalty or forfeiture and costs, unless the offender prison. give sufficient security, by way of recognizance or otherwise to the satisfaction of the justice, for his appearance before him on the day appointed for such return, such day being not more than eight days from the time of taking such security; but if before issuing such warrant of distress it shall appear to the justice, by the admission of the offender or otherwise, that no sufficient distress can be had within the jurisdiction of such justice whereon to levy such penalty or forfeiture and costs, he may, if he think fit, refrain from issuing such warrant of distress; and in such case, or if such warrant shall have been issued, and upon the return thereof such insufficiency as aforesaid shall be made to appear to the justice, then such justice shall by warrant cause such offender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied." Sect. 11. "That where in this act any sum of money, whether in the Distress how to nature of penalty or otherwise, is directed to be levied by distress, such be levied. sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same: and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been distrained." Sect. 12. That no distress levied by virtue of this act shall be deemed Distress not unlawful, nor shall any party making the same be deemed a trespasser, on unlawful for want account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall such party be of form. c. 107. 11 & 12 VICT. deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the Application of penalties. Sect. 13. "That all penalties and forfeitures recovered under this act shall be applied as follows; one half thereof shall be paid to the person who shall sue or proceed for the same, and the other half to Her Majesty's use, and shall be paid to the sheriffs of the county, city, or town where the same shall have been imposed, and shall have been duly accounted for by him; and that all convictions before justices, and all fines, forquarter sessions feitures, or penalties imposed in consequence of such convictions, shall be returned to the court of quarter sessions, under the provisions of an act passed in the third year of His late Majesty King George the Fourth, intituled An Act for the more speedy Return and levying of Fines, Penalties, and Forfeitures, and Recognizances estreated." Convictions to be returned to under 3 Geo. 4, c. 46. Penalties to be sued for within Sect. 14. " That no person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this act for any offence made cognizable two months after before a justice, unless the complaint respecting such offence shall have been made before such justice within two months next after the commission of such offence." commission of offence. Penalty on witnesses making default. Proceedings not to be quashed for removed by certiorari. Sect. 15. "That it shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction under the provisions of this act, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter; and if any person so summoned shall without reasonable excuse refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined on oath, or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence." Sect. 16. "That no warrant of commitment consequent upon any sumwant of form, nor mary conviction under this act shall be held void by reason of any defect in such warrant, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same; nor shall any conviction, order, or other proceeding in pursuance of this act be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior courts.' Parties aggrieved Court may make such order as they think reasonable. Sect. 17. "That if any person shall think himself aggrieved by any determination or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this act, he may appeal to the general quarter sessions for the county or place in which the cause of appeal shall have arisen; but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two sufficient sureties, before a justice, conditioned duly to prosecute such appeal, and to abide the order of the court thereon.' Sect. 18. "That at the quarter sessions for which such notice shall be given the court shall proceed to hear and determine the appeal in a summary way, or they may, if they think fit, adjourn it to the following sessions; and upon the hearing of such appeal the court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable." |