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committing

61. Any person found committing any offence Persons in against this Act, whether the same be punishable the act of upon indictment or upon summary conviction, may any offence be immediately apprehended, without a warrant, by may be apany peace officer, or the owner of the property injured, prehended 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,

without a

warrant.

Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 28, and 9 Geo. 4, c. 56, s. 35 (I.).

the appear

ance of per

on sum

62. Where any person shall be charged on the Mode o oath of a credible witness before any justice of the compelling peace with any offence punishable on summary conviction under this Act, the justice may summon the sons punperson charged to appear at a time and place to be ishable named in such summons; and if he shall not appear mary conaccordingly, then (upon proof of the due service of viction. 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 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.

Note.-This clause is taken from the 7 & 8
Geo. 4, c. 30, s. 30.

See the Appendix, post, for the proceedings
under this clause.

Abettors

on sum

mary con

viction.

63. Whosoever shall aid, abet, counsel, or procure in offences the commission of any offence which is by this Act punishable punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, 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.

Applica

tion of forfeitures

convictions.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 31. There is a similar clause in the 14 & 15 Vict. c. 93, s. 22 (I.).

64. Every sum of money which shall be forfeited for the amount of any injury done shall be assessed and penal- in each case by the convicting justice, and shall be ties upon paid to the party aggrieved, except where he is summary unknown, and in that case 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 and applied in the same manner as other penalties recoverable before justices of the peace are to be paid and applied in cases where the statute imposing the same contains no directions for the payment thereof to any person: Provided that where several persons shall join in the commission of the same offence, and shall, upon conviction commission thereof, each be adjudged to forfeit a sum equivalent offence. to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a justice of the peace is hereinbefore directed to be applied.

Proviso

where Several persons join in

of same

Note. This clause is taken from the 7 & 8

Geo. 4, c. 30, s. 32. See the note to s. 106 of
the Larceny Act, ante, p. 191.

shall not

pay, &c.,

mit him.

65. In every case of a summary conviction under If a person this Act, where the sum which shall be forfeited for summarily the amount of the injury done, or which shall be convicted imposed as a penalty by the justice, shall not be paid, either immediately after the conviction, or the justice within such period as the justice shall, at the time may comof the conviction, appoint, the convicting justice (unless where otherwise specially directed) may 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 months, where the amount of the sum forfeited, or of the penalty imposed, or of both (as the case may be), together with the costs, shall not exceed five pounds; and for any term not exceeding four months where the amount, with costs, shall not exceed ten pounds; and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 33. There is a similar clause in the 14 & 15 Vict. c. 93, s. 22 (I.).

offender in

66. Where any person shall be summarily con- The justice victed before a justice of the peace of any offence may disagainst this Act, and it shall be a first conviction, charge the the justice may, if he shall so think fit, discharge the certain offender from his conviction upon his making such cases. satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice.

Note.-This clause is taken from the 7 & 8

bar to any

the same

Geo. 4, c. 30, s. 34. There is a similar clause in the 14 & 15 Vict. c. 93, s. 21 (I.).

A summary 67. When any person convicted of any offence conviction punishable upon summary conviction by virtue of shall be a this Act shall have paid the sum adjudged to be other pro- paid, together with costs, under such conviction, or ceeding for shall have received a remission thereof from the Crown, or the Lord Lieutenant or other Chief Governor of Ireland, or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any justice as aforesaid, he shall be released from all further or other proceedings for the same cause.

cause.

Appeal.

Note. This clause is framed from the 7 & 8 Geo. 4, c. 30, s. 36, and 22 & 23 Vict. c. 32. See the note to s. 109 of the Larceny Act, ante, p. 193.

For the meaning of the words "the same cause," see the note, ante, p. 73.

68. 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 month, or the conviction shall take place before one justice only, any person who shall think himself aggrieved by any such conviction may appeal at 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 or place 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 shall 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; or if such appeal shall be against any conviction whereby only a penalty or sum of money shall be adjudged to be paid, shall deposit with the clerk of the convicting justice such a sum of money as such justice shall deem to be sufficient to cover the sum so adjudged to be paid, together with the costs of the conviction and the costs of the appeal; and upon such notice being given, and such recognisance being entered into, or such deposit being made, the justice before whom such recognisance shall be entered into, or such deposit shall be made, 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; and in any case where after any such deposit shall have been made as aforesaid the conviction shall be affirmed, the Court may order the sum thereby adjudged to be paid, together with the costs of the conviction and the costs of the appeal, to be paid out of the money deposited, and the residue thereof, if any, to be repaid to the party convicted; and in any case where after any such deposit the conviction shall be quashed, the Court shall order the money deposited to be repaid to the party convicted; and in every case where any conviction shall be quashed on appeal as aforesaid, the clerk of the peace or other proper officer shall forthwith indorse on the conviction a memorandum that the same has been quashed; and whenever any copy or certificate of such conviction shall be made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence that the conviction has been quashed in every case where such copy or certificate would be sufficient evidence of such conviction.

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