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on demand, the same shall be levied by Distress, and such Justices, or One of them, shall issue their or his Warrant accordingly.
CLIII. It shall be lawful for any Justice to summon any Person Penalty on to appear before him as a Witness in any Matter in which such Witnesses makJustice shall have Jurisdiction under the Provisions of this or the ing default. special 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 Expences, or if any Person appearing shall refuse to be examined upon Oath or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence..
CLIV. It shall be lawful for any Officer or Agent of the Com- Transient pany, and all Persons called by him to his Assistance, to seize and Offenders. detain any Person who shall have committed any Offence against the Provisions of this or the special Act, and whose Name and Residence shall be unknown to such Officer or Agent, and convey him, with all convenient Despatch, before some Justice, without any Warrant or other Authority than this or the special Act; and such Justice shall proceed with all convenient Despatch to the hearing and determining of the Complaint against such Offender.
CLV. The Justices before whom any Person shall be convicted Form of Conof any Offence against this or the special Act, or any Act incor- viction. porated therewith, may cause the Conviction to be drawn up according to the Form in the Schedule to this Act annexed.
CLVL No Proceeding in pursuance of this or the special Act, Proceedings not or any Act incorporated therewith, shall be quashed or vacated for to be quashed Want of Form, nor shall the same be removed by Certiorari or for Want of otherwise into any of the Superior Courts.
Quarter Sessions on giving Security.
CLVIL If any Party shall feel aggrieved by any Determination Parties allowed or Adjudication of any Justice with respect to any Penalty or to appeal to Forfeiture under the Provisions of this or the special Act, or any Act incorporated therewith, such Party 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.
CLVIII. At the Quarter Sessions for which such Notice shall Court to make be given the Court shall proceed to hear and determine the Appeal such Order as in a summary Way, or they may, if they think fit, adjourn it to they think reathe following Sessions; and upon the hearing of such Appeal the sonable. 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
Recovery of Damages and
Receiver of Metropolitan Police District to receive Penalties incurred within his District.
reasonable; and they may make such Order concerning the Costs both of the Adjudication and of the Appeal, as they may thin
CLIX. Provided always, and be it enacted, That notwithstand ing any thing herein or in the special Act or any Act incorporate therewith, contained, every Penalty or Forfeiture imposed by thi or the special Act, or any Act incorporated therewith, or by an Bye Law in pursuance thereof, in respect of any Offence whic shall take place within the Metropolitan Police District, shall b recovered, enforced, accounted for, and, except where the Appli cation thereof is otherwise specially provided for, shall be paid t the Receiver of the Metropolitan Police District, and shall b applied in the same Manner as Penalties or Forfeitures, othe than Fines upon drunken Persons, or upon Constables for Mis conduct, or for Assaults upon Police Constables, are directed to be recovered, enforced, accounted for, paid, and applied by ar Act passed in the Third Year of the Reign of Her present Majesty 2&3 Vict. c. 71. intituled An Act for regulating the Police Courts in the Metro polis; and every Order or Conviction of any of the Police Magistrates in respect of any such Forfeiture or Penalty shall be subject to the like Appeal, and upon the same Terms, as is provided in respect of any Order or Conviction of any of the said Police Magistrates by the said last-mentioned Act; and every Magistrate by whom any Order or Conviction shall have been made shall have the same Power of binding over the Witnesses who shall have been examined, and such Witnesses shall be entitled to the same Allowance of Expences as he or they would have had or been entitled to in case the Order, Conviction, and Appeal had been made in pursuance of the Provisions of the said last-mentioned Act.
Persons giving false Evidence
liable to Penalties of Perjury.
into the Bank
of Ireland to be
exempt from Ushers Poundage.
CLX. And be it enacted, That every Person who, upon any Examination upon Oath, under the Provisions of this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false Evidence, shall be liable to the Penalties of wilful and corrupt Perjury.
CLXI. And be it declared and enacted, That all Sums of Money which have been or shall be paid into the Bank of Ireland in the Name and with the Privity of the Accountant General of the Court of Chancery of Ireland, under the Provisions of an Act passed in the Second Year of the Reign of Her present Majesty, intituled 1 & 2 Vict.c.117. An Act to provide for the Custody of certain Monies paid in pursuance of the Standing Orders of either House of Parliament by Subscribers to Works or Undertakings to be effected under the Authority of Parliament, shall and may be paid out and applied under any Order of the said Court of Chancery exempt from Ushers Poundage.
Access to special
Copies of special Act to be kept and deposited, and allowed to be inspected.
And with respect to the Provision to be made for affording Access to the special Act by all Parties interested, be it enacted as follows:
CLXII. The Company shall at all Times after the Expiration of Six Months after the passing of the special Act keep in their principal Office of Business a Copy of the special Act, printed by the Printers to Her Majesty, or some of them; shall also within
And whereas by the said Act it was provided that the Justice be appointed under the Provisions thereof should reside withi 'One Mile of the Exchange in the Town of Manchester, or off New Bailey Court House in the Town of Salford, and shoul daily (Sundays excepted) attend at the New Bailey Court Hous in Salford; and it was thereby also provided that the sai Township of Manchester should contribute Seven Eighth Part and the said Township of Salford One Eighth Part of the Salar payable to such Justice, which Salary was by the said Act fixe at the Sum of One thousand Pounds per Annum: And wherea 'since the passing of the said Act Her present Majesty has bee pleased (in pursuance of the Powers and Provisions of an Ac passed in the Sixth Year of the Reign of King William the 5&6 W.4. c. 76. Fourth, intituled An Act to provide for the Regulation of Mu 'nicipal Corporations in England and Wales,) to grant a Charter ' of Incorporation to the said Township of Manchester, and the adjoining Townships of Chorlton-upon-Medlock, Hulme, Ard 'wick, Cheetham, and the extra-parochial District of Beswick, and also to grant a Charter of Incorporation to the said Township Salford, and Part of the adjoining Township of Broughton, and has by such several Charters conferred upon the said incorporated Boroughs of Manchester and Salford respectively all the Powers ' and Provisions of the said last-mentioned Act: And whereas a 'separate Commission of the Peace has been granted to and for the Borough of Manchester, and a salaried Police Magistrate has 'been appointed for the same Borough; and by an Act passed in the Eighth Year of the Reign of Her present Majesty, intituled 7&8 Vict. c.30. An Act to alter and amend an Act of the Fifty-third Year of King George the Third for the Appointment of a Stipendiary Magistrate to act within the Townships of Manchester and Salford, all the Powers and Provisions of the said recited Act of the Fifty-third Year of King George the Third, so far as they authorized, directed, or required the Payment by the said Township of Manchester of any Part of the Salary payable to the 'Police Magistrate thereunder appointed, or which authorized the making or levying of any Rate within the said Township of Manchester for the Purpose of raising such Salary or any Part thereof, and also any Provisions which directed, authorized, or required the Payment to the said Township of Manchester, or to any Person or Persons on behalf of such Township, of any Part or Portion of the Recognizances taken and estreated in the 'said County Palatine of Lancaster, have been repealed: And whereas the several Townships or Places of Worsley, Bartonupon-Irwell, Clifton, Pendlebury, Pendleton, Flixton, Urmston, "Blakely, Bradford, Broughton, Burnage, Chorlton-with-Hardy, Crumpsall, Didsbury, Failsworth, Gorton, Harpurhey, Lavenshulme, Moss-side, Moston, Newton, Openshaw, Reddish, Rusholme, Salford, Stretford, Withington, Great Heaton, Little Heaton, Prestwich, and Heaton Norris, now compose the 'Division of Manchester, and have hitherto had the Benefit of the Services of the Justice appointed under the said herein'before first-recited Act; and it is desirable, for the due and ' uniform Administration of Justice within the said Division, which contains a Population of One hundred and fifty thousand or
thereabouts, and for the Protection and Security of the Persons and Property of the Inhabitants thereof, that a fit and proper "Person appointed or to be appointed under the said first-recited "Act should continue to execute the Office of a Justice of the Peace within the said Division, and to receive a competent Remuneration for his Trouble: And whereas it is just and 'expedient that the said Municipal Borough of Salford should 'contribute a definite Portion of the Salary payable to the said Justice, and that such Part of the said Townships of Broughton and Heaton Norris as are not included in either of the said Boroughs of Salford and Stockport, and all the said other Townships, Parts of Townships, or Places herein-before enume'rated or mentioned, and now composing the Division of Man'chester as aforesaid, should also contribute to the Payment of such Salary; and with that Intent it is necessary that the Provisions of the said first-recited Act should be amended, and 'that Provision should be made for the Appointment and Payment of Clerks to the said Justice, and that the said Act should be in other respects varied and altered:' May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of
the same, That from and after the First Day of July One thousand Repeal of Parts eight hundred and forty-five so much of the said recited Act of of first-recited the Fifty-third Year of King George the Third as requires or directs that the Justice to be appointed as therein mentioned shall reside within One Mile of the Exchange in Manchester or of the New Bailey Court House in Salford aforesaid, and so much thereof as requires or directs that the said Justice shall attend daily (Sundays excepted) at the New Bailey Court House aforesaid, and also so much thereof as directs or authorizes the Payment of a Salary of One thousand Pounds per Annum to the said Justice, and the levying or raising the same by Rate or otherwise, shall be and the same is hereby repealed.
II. And be it enacted, That the Justice appointed or to be Residence of appointed under the said first-recited Act as aforesaid may reside the Justice.
at any Place within either of the Municipal Boroughs of Man
chester and Salford, or elsewhere within the said Division of
III. And be it enacted, That the said Justice shall daily Sittings of the (except on Sundays, Christmas Day, and Good Friday, and such Justice in Sal. other Days as herein-after excepted,) attend at the New Bailey Court House in Salford aforesaid for the Transaction and Disposal of Business and Matters within his Jurisdiction arising or happening elsewhere than within the Limits of the said Municipal Borough of Salford, and shall also Three Days in each Week attend and hold Sittings at the Town Hall in the Borough of Salford aforesaid for the Transaction and Disposal of such Business and Matters only as shall arise or happen within the Limits of the said Municipal Borough of Salford and not elsewhere.
IV. Provided always, and be it enacted, That from and after Sittings in the said First Day of July One thousand eight hundred and forty- Worsley, &c.