No. LXXI. 9 Geo. IV. c. 56. ing, or any part of such dwelling-house or other building, and caution- XXVI. And be it further enacted, That if any person shall, after the service or posting of such notice, begin to pull down and destroy, or shall proceed in pulling down or destroying, or shall otherwise wilfully and maliciously injure and commit unlawful waste in on or to any such dwelling-house or other building, or any part of such dwelling-house or other building, or if any person or persons, having commenced any such waste pulling down or destruction, shall not immediately desist from continuing and committing such offence, it shall and may be lawful for any justice of the peace or magistrate, and he is hereby authorized and required, to issue his warrant, under his hand and seal, directed to any constable or constables, authorizing such constable or constables to prevent such pulling down or destruction of such dwelling-house or other building, or any part of such dwelling-house or other building, and to take into custody and apprehend every person present aiding and assisting in such pulling down and destruction, and to bring all such persons before such justice or magistrate; and it shall be lawful for such justice or magistrate to commit any such offender so taken and apprehended to any neighbouring gaol or prison, there to remain, without bail or mainprize, until such offender shall give good and sufficient security, by recognizance conditioned not to commit or proceed in committing such wilful waste and destruction, and in case any such waste and destruction shall have been in part committed, then also conditioned to rebuild and repair such dwelling-house or other building, so as to leave the same in as good tenantable order and condition as such dwelling-house or other building was in previous to the commission of such waste and destruction as aforesaid, and which recognizance every such justice or magistrate is hereby authorized and required to take. XXVII. Provided always, and be it further enacted, That in case any tenant or occupier of any dwelling-house or other building shall, on being required so to do by any such justice or magistrate as aforesaid, enter into a good and sufficient security by recognizance, with two sufficient sureties, in such sum as such justice or magistrate shall require, conditioned to rebuild and repair any such dwelling-house or other building within six calendar months from the date of such recognizance, and to put such dwellinghouse or other building in as tenantable state of repair, or in such the like state of repair, as the same was in previous to the commencement of any wilful waste and destruction thereof or therein, then and in every such case it shall and may be lawful for such persons so entering into such re Persons proceeding in Houses after demolishing such Notice, Persons pull- Houses after mages. Persons may Houses, on H No. LXXI. 9 Geo. IV. c. 56. Notice good though not addressed to any Person. Not to affect former Reme, dies of Land lords. Persons com. mitting Da mage to Property, in any Case not previously provided for, may be compelled by a Justice to pay Compen sation, not exceeding 51. Application of the Money awarded. Proviso. Proviso excepting the Operation of Irish Acts. 11 G. 3. c. 7. cognizance, and their workmen and assistants, to proceed in making any repair or alterations and improvements of or in such dwelling-house or other building, as if this Act had not been made; any thing herein contained to the contrary notwithstanding. XXVIII. And be it further enacted, That if any such notice as aforesaid shall be personally served on any person as aforesaid, or in case personal service cannot be effected, if such notice shall be regularly posted, according to the directions in this Act contained, on the door or principal entrance of any such dwelling-house or other building, such notice shall be deemed good and sufficient for the purposes of this Act, although such notice shall not be addressed to such person by his or her proper name, or by any name whatsoever. XXIX. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to deprive any lessor landlord or other person of any remedy, either at law or in equity, which before the passing of this Act such lessor landlord or other person might legally or equitably have pursued against any person or persons whomsoever, either for the obtaining satisfaction or for any injury sustained by such lessor landlord or other person, or for preventing such injury, notwithstanding the offence by which such injury may be occasioned shall be such as under this Act to incur the penalty of a misdemeanor, as wilful or malicious waste to a dwelling-house or other building, or any part thereof. pay XXX. And be it enacted, That if any person shall wilfully or maliciously commit any damage injury or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no remedy or punishment is herein-before provided, every such person, being convicted thereof before a justice or justices of the peace, shall forfeit and such sum of money as shall appear to the justice or justices to be a reasonable compensation for the damage injury or spoil so committed, not exceeding the sum of five pounds, which sum of money shall, in the case of private property, be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence; and in such case, or where the party aggrieved is known, or in the case of property of a public nature, or wherein any public right is concerned, the money shall be applied in such manner as every penalty imposed by a justice or justices of the peace under this Act is herein-after directed to be applied; and if such sum of money, together with costs, if awarded. (which costs such justice or justices is and are hereby authorized to awar, if he or they shall think fit), shall not be paid, either immediately after the conviction, or within such period as the justice or justices shall at the time of the conviction appoint, the justice or justices may commit the of fender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the justice or tices shall think fit, for any term not exceeding two calendar months,.less such sum and costs be sooner paid: Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting fishing or the pursuit of game; but that every such trespass shall be punishable in the same manner as before the passing of this Act. XXXI. Provided always, and be it enacted, That nothing in this Act contained shall in any manner affect, or be deemed or construed to affect, any of the provisions contained in an Act passed in the Parlist of Ireland in the eleventh year of the reign of his late Majesty Fall ge the Third, intituled An Act for punishing such Persons as shal injuries and Violences to the Persons or Properties of His Majesty's Subjec, with intent to hinder the Exportation of Corn; or in an Act passed in the Parliament of Ireland in the fifteenth and sixteenth years of the same reign, 15 & 16 G. 3. intituled An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned; or in an Act passed c. 21. No. LXXI. 9 Geo. IV. c. 56. 23 & 24 G. 3. in the Parliament of Ireland in the twenty-third and twenty-fourth years Malice against essential to any Offence under this Act. Principals in the Second Degree, and Abettors in ors, The Court XXXIII. And be it enacted, That in the case of every felony punishable under this Act, every principal in the second degree and every accessory before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act shall on conviction be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this Act, shall be liable to be indicted and punished as a principal offender. XXXIV. And be it enacted, That where any person shall be convicted of any indictable offence punishable under this Act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the of fender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction; and also to direct that the offender shall be kept in solitary confinement for the whole or any portion litary Confineor portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet. XXXV. And for the more effectual apprehension of all offenders against this Act, be it enacted, That any person found committing any offence against this Act, whether the same be punishable indictment or upon summary conviction, may be immediately apprehended without a warrant by any peace officer, or the owner of the property injured or his servant or any person authorized by him, and forthwith taken before some neighbo ring justice of the peace to be dealt with according to law. XXXVI. And be it enacted, That the prosecution for every offence punishable on summary conviction under this Act shall be commenced within three calendar months after the commission of the offence, and not otherwise; and the evidence of the party aggrieved shall be admitted in Dof the offence. upon AAXVII. And for the more effectual prosecution of offences punishable on summary conviction under 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 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 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 such justice, or some other or justices of the peace; or it shall and may be lawful for the whom the charge shall be made (if he shall so think fit) withou.revious summons (unless where otherwise specially directed) to issue stctl warrant; and the justice or justices before whom the person charged shall appear or be bronght shall proceed to hear and determine Justi the case. ment. Persons in the Warrant. Witnesses. Mode of com- Persons pu XXXVIII. And be it enacted, That where any offence is by this Act Abettors in 1 No. LXXI. 9. Geo. IV. c. 56. Application of Forfeitures and Penalties upon summary Convictions. Proviso, Justice may receive any Penalty pay. able to Treasurers of Infirmary, &c. and pay the same to them, keeping an Account thereof. 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, every person who shall aid, abet, counsel, or procure the commission of such offence shall on conviction before a justice or justices of the peace be liable as the case may be, 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 prin cipal offender is by this Act made liable. XXXIX. And with regard to the application of all forfeitures and penalties upon summary conviction 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 or justices) shall be paid to the party aggrieved, if known (except where such party shall have been examined in proof of the offence); and in such 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 or justices of the peace, whether in addition to such amount or otherwise, shall be paid, under the order of such justice or justices, to the treasurer or other proper officer of the infirmary of the county, city, town, or place wherein such conviction shall take place, for the use of such infirmary, in case there shall be any such infirmary estab lished within or for such county, city, town, or place; and in case there shall be no such infirmary, then to the treasurer or other proper such other public charity, within such county, city, town, or place, as such justice or justices shall by his or their order for that purpose direct: 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 amount of the injury done, 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 any justice or justices of the peace is herein-before directed to be applied. officer of XL. And be it further enacted, That it shall be lawful for any justice of peace, by or before whom any conviction shall be made under this Act, to receive any forfeiture or penalty, or any sum of money payable as a penal ty under this Act to the treasurer or officer of any infirmary or public charity, and to give a receipt for the same for the use of such infirmary or charity, specifying the naine or description of such infirmary or charity in such receipt, and such receipt shall be a sufficient discharge to the party by whom such forfeiture or penalty, or sum of money, shall be incurred and paid; and every such justice shall, within fourteen days next after the receipt thereof, pay the amount of every such forfeiture penalty or sum of money to the treasurer or other proper officer of the infirmary or public charity entitled to the same, and shall take receipts for the same respectively from such treasurer or officer, specifying the time when and the person by whom such forfeiture penalty or sum of money was paid to such justice for the use of such infirmary or charity; and every such justice shall, by himself or clerk, keep an account in a book to be provided for that purpose, of the amount of every forfeiture penalty or sum of money so received by him, specifying the place and time and manner of the adjudication or order whereby such for feiture penalty or sum of money shall have been adjudged or imposed, and the nature of the offence under this Act for which the same was ad judged or imposed, and the name or names of the person or persons on whom such forfeiture or penalty or sum of money was set or imposed; and the name and description of the treasurer or other proper officer of the infirmary, or the name and description of the public charity, and the officer thereof, to whom such forfeiture penalty or sum of money was paid, according to the directions of this Act, and the time when such paycount to be ment was made; and every such justice shall, fourteen days previous to transmitted the commission day of the spring and summer assizes in ever year, transto the Clerk of the Peace previous to the Spring and Summer Assizes. Such Ac such No. LXXI. 9 Geo. IV. e. 56. t to the clerk of the peace of the county county of a city or county a town within which such forfeiture penalty or sum of money shall ve been imposed and made payable, an account in writing, stating all the eral penalties forfeitures or sums of money which shall have been imposand made payable by or before such justice under this Act, at any time tween fourteen days before the commencement of the then last precedassizes, and the day of transmitting such account, and showing which such forfeitures penalties or sums of money have been received by such tice, and from whom, and for what offences, and to whom the same ve been respectively paid by such justice, with the dates of the several ceipts for the same respectively. XLI. And be it further enacted, That every account so kept by any Accounts may tice of the peace in pursuance of this Act, and every account transmitted be inspected such justice to the clerk of the peace, shall be produced to the treasur- by Treasurer or other proper officer of the infirmary of the county, city, town, or of the Infirice, or to the treasurer or other officer of any public charity within mary, &c. ch county, city, town, or place where there shall not be such infirmary, all seasonable times when such treasurer or officer may desire and reire to inspect the same, for the purpose of ascertaining whether any and at sums of money may be due and payable to such treasurer or officer der this Act. Clerk of the Peace shall make Abstract the Accounts, and post the same House Door on the Court during the XLII. And be it further enacted, That every clerk of the peace to whom y such account or accounts shall be transmitted by any justice or juses of the peace, of the forfeitures penalties or sums of money received der this Act, shall make or cause to be made an abstract of all such counts, in such form as to show in the most distinct manner the name every justice of the peace by whom, and the several parties from whom such penalties forfeitures or sums of money were respectively received, d for what offences the same were payable respectively, and whether ch fines penalties or forfeitures were received respectively for the use Assizes, and the infirmary of the county, city, town, or place, or for the use of any afterwards her and what public charity; and such clerk of the peace shall sign such publish it. stract with his name as clerk of the peace, and shall post and affix such stract, or shall cause the same to be posted and affixed, on the door of e court house or place in which the assizes shall be holden, to be then d there kept posted and affixed during the whole of such assizes; and thin fourteen days next after the conclusion of such assizes such clerk the peace shall cause a true copy of such abstract, signed with his name clerk of the peace, to be inserted in some one public newspaper publishI or circulated within such county county of a city or county of a town. XLIII. And be it further enacted, That if any justice of the peace who all receive any such forfeiture or penalty or sum of money applicable as Penalty on oresaid, shall omit or neglect or refuse to give a receipt for the same, or all omit or neglect or refuse to pay the same to the treasurer or proper ficer of any infirmary or public charity entitled to the same as aforesaid, shall omit or neglect to keep such account as aforesaid, or shall omit neglect or refuse to transmit any account as aforesaid, to the clerk of e peace; or if any clerk of the peace shall omit or neglect to make or 100%. gn, or post or publish, an abstract of all such accounts as shall be transitted to him, or to cause the same to be done in manner required by this ct; or if such accounts, or any of them, shall not contain or refer to I sums of money paid to or received by such justice under this Act; or if by such account or abstract shall in any particular be untrue or deficient; very such justice or clerk of the peace shall, for every such offence negct or omission of such justice or clerk of the peace respectively, forfeit e sum of one hundred pounds to be recovered with full costs of suit, by y person who will sue for the same in any of his Majesty's Courts of Reord in Ireland, by action of debt, bill, plaint, or information, in which no otection or essoign or wager of law, nor more than one imparlance shall è allowed. Justices and Neglect in XLIV. And be it enacted, That in every case of a summary conviction If a Person summarily convicted shall not pay, &c., the Justice may commit him. |