Mad Dogs, &c.

Compensation for Hurt or Damage not exceeding 10l.

Constables may

apprehend any Name and Resi

Offender whose

dence are not known.

Constables may

apprehend with certain Cases.

or adjoining to any Thoroughfare, or who shall leave such open Area, Pit, or Sewer without a sufficient Light after Sunset to warn and prevent Persons from falling thereinto.

LXI. And be it enacted, That it shall be lawful for any Constable belonging to the Metropolitan Police Force to destroy any Dog or other Animal reasonably suspected to be in a rabid State, or which has been bitten by any Dog or Animal reason. ably suspected to be in a rabid State; and the Owner of any such Dog or Animal who shall permit the same to go at large after having Information or reasonable Ground for believing it to be in a rabid State, or to have been bitten by any Dog or other Animal in a rabid State, shall be liable to a Penalty not more than Five Pounds.

LXII. And be it enacted, That every Person who, by committing any Offence herein forbidden within the said District, shall have caused any Hurt or Damage to any Person or Property, may be apprehended, with or without any Warrant, by any Constable, and if he shall not, upon Demand, make Amends for such Hurt or Damage to the Satisfaction of the Person aggrieved, he shall be detained by the Constable in order to be taken before a Magistrate, and upon Conviction shall pay such a Sum, not more than Ten Pounds, as shall appear to the Magistrate before whom he shall be convicted to be reasonable Amends to the Person aggrieved, besides any Penalty to which he may be liable for the Offence, and the Evidence of the Person aggrieved shall be admitted in Proof of the Offence: Provided always, that if the Person aggrieved shall have been the only Witness examined in Proof of the Offence the Sum ordered as Amends shall be paid and applied in the same Manner as a Penalty.

LXIII. And be it enacted, That it shall be lawful for any Constable belonging to the Metropolitan Police District, and for all Persons whom he shall call to his Assistance, to take into Custody, without a Warrant, any Person who within View of any such Constable shall offend in any Manner against this Act, and whose Name and Residence shall be unknown to such Constable, and cannot be ascertained by such Constable.

LXIV. And be it enacted, That it shall be lawful for any Constable belonging to the Metropolitan Police to take into Custody, without a Warrant, all loose, idle, and disorderly Persons whom he shall find disturbing the public Peace, or whom he shall have good Cause to suspect of having committed or being about to commit any Felony, Misdemeanor, or Breach of the Peace, and all Persons whom he shall find between Sunset and the Hour of Eight in the Morning lying or loitering in any Highway, Yard, or other Place, and not giving a satisfactory Account of themselves.

LXV. And be it enacted, That it shall be lawful for any Constable belonging to the Metropolitan Police Force to take into Custody, without Warrant, any Person who within the Limits of the Metropolitan Police District shall be charged by by any other Person with committing any aggravated Assault, in every Case in which such Constable shall have good Reason to believe that such Assault has been committed, although not within View of such Constable, and that by reason of the recent Commission of the Offence a Warrant could not have been obtained for the Apprehension of the Offender.

Persons ag

grieved to apprehend certain

LXVI. And be it enacted, That any Person found com- Power to Police mitting any Offence punishable either upon Indictment or as a Constables and Misdemeanor upon summary Conviction, by virtue of this Act, may be taken into Custody without a Warrant by any Constable, or may be apprehended by the Owner of the Property on or Offenders. with respect to which the Offence shall be committed, or by his Servant or any Person authorized by him, and may be detained until he can be delivered into the Custody of a Constable to be dealt with according to Law; and every such Constable may also stop, search, and detain any Vessel, Boat, Cart, or Carriage in or upon which there shall be Reason to suspect that any thing stolen or unlawfully obtained may be found, and also any Person who may be reasonably suspected of having or conveying in any Manner any thing stolen or unlawfully obtained; and any Person to whom any Property shall be offered to be sold, pawned, or delivered, if he shall have reasonable Cause to suspect that any such Offence has been committed with respect to such Property, or that the same or any Part thereof has been stolen or otherwise unlawfully obtained, is hereby authorized, and if in his Power is required, to apprehend and detain, and as soon as may be to deliver such Offender into the Custody of a Constable, together with such Property, to be dealt with according to Law.

Furniture to

evade Rent.

LXVII. And be it enacted, That it shall be lawful for any Removing Constable to stop and detain, until due Inquiry can be made, all Carts and Carriages which he shall find employed in removing the Furniture of any House or Lodging between the Hours of Eight in the Evening and Six in the following Morning, or whenever the Constable shall have good Grounds for believing that such Removal is made for the Purpose of evading the Payment of Rent.

Offenders may

LXVIII. And be it enacted, That whenever any Person Horses, Carhaving Charge of any Horse, Cart, Carriage, or Boat, or any riages, &c. of other Animal or Thing, shall be taken into the Custody of any be detained. Constable under the Provisions of this Act, it shall be lawful for any Constable to take charge of such Horse, Cart, Carriage, or Boat, or such other Animal or Thing, and to deposit the same in some Place of safe Custody, as a Security for Payment of any Penalty to which the Person having had Charge thereof may become liable, and for Payment of any Expences which may have been necessarily incurred for taking charge of and keeping the same; and it shall be lawful for any Magistrate before whom the Case shall have been heard to order such Horse, Cart, Carriage, or Boat, or such other Animal or Thing, to be sold, for the Purpose of satisfying such Penalty, and reasonable Expences in default of Payment thereof, in like Manner

Ee 3

Persons appre

hended without

Warrant to be taken to the

Station House.

Manner as if the same had been subject to be distrained, and had been distrained for the Payment of such Penalty and reasonable Expences.

LXIX. And be it enacted, That every Person taken into Custody by any Constable belonging to the Metropolitan Police, without Warrant, except Persons detained for the mere Purpose of ascertaining their Name or Residence, shall be forthwith delivered into the Custody of the Constable in charge of the nearest Station House, in order that such Person may be secured until he can be brought before a Magistrate, to be dealt with according to Law, or may give Bail for his Appearance before a Magistrate, if the Constable in charge shall deem it prudent to take Bail in the Manner herein-after mentioned. LXX. And be it enacted, That whenever any Person Recognizances charged with any Offence of which he is liable to be sumHouses on petty marily convicted before a Magistrate, or with having carelessly done any Hurt or Damage, shall be, without the Warrant of a Magistrate, in the Custody of any Constable of the Metropolitan Police in charge of any Station House during the Time when the Police Courts shall be shut, it shall be lawful for such Constable, if he shall deem it prudent, to take the Recognizance of such Person, with or without Sureties, conditioned as herein-after mentioned.

Power to take

Station

Charges.

Power to bind over Persons making Charges.

Condition of

LXXI. And be it enacted, That whenever any Person charged with any Felony, or any Misdemeanor punishable by Transportation, or other grave Misdemeanor, shall be, without Warrant, in the Custody of any Constable of the Metropolitan Police, at any Station House, during the Time when the Police Courts shall be shut, it shall be lawful for the Constable in charge of the Station House to require the Persons making such Charge to enter into a Recognizance conditioned as herein-after mentioned, and upon his or her Refusal so to do it shall be lawful for such Constable, if he shall deem it prudent, to discharge from Custody the Person so charged, upon his or her Recognizance, with or without Sureties, conditioned as herein-after mentioned.

LXXII. And be it enacted, That every Recognizance so Recognizance. taken shall be without Fee or Reward, and shall be conditioned for the Appearance of the Person thereby bound before a Magistrate of the District in which such Station House shall be situated, at his next Sitting, and the Time and Place of Appearance shall be specified in the Recognizance; and the Constable shall enter in a Book, to be kept for that Purpose at every such Station House, the Name, Residence, and Occupation of the Party, and his Surety or Sureties (if any) entering into such Recognizance, together with the Condition thereof, and the Sum thereby acknowledged, and shall return every such Recognizance to the Magistrate present at the Time and Place when and where the Party is bound to appear.

LXXIII. And be it enacted, That for every Misdemeanor or other Offence against this Act for which no special Penalty is herein-before appointed the Offender shall, at the Discretion of the Magistrate before whom the Conviction shall take place, either be liable to a Penalty not more than Five Pounds, or be imprisoned for any Time not more than One Calendar Month in any Gaol or House of Correction within the Jurisdiction of such Magistrate.

LXXIV. Provided always, and be it enacted, That nothing Not to repeal herein contained shall be construed to prevent any Person Local Acts from being indicted for any indictable Offence made punishable containing on summary Conviction by this Act, or to prevent any Person from being liable under any other Act or Acts to any other or higher Penalty or Punishment than is provided for such Offence by this Act, so nevertheless that no Person be punished twice for the same Offence.

LXXV. And be it enacted, That in the Construction of this Meaning of Act the Word "Magistrate" shall be taken to mean and include the Word every Justice of the Peace appointed to be a Magistrate of the Magistrate. Police Courts of the Metropolis, and also every Justice of the Peace acting in and for any Part of the Metropolitan Police District for which no Police Court shall be established.

to be tried.

LXXVI. And be it enacted, That every such Magistrate Offences how shall be empowered summarily to convict any Person charged with any Offence against this Act, on the Oath of One or more Witnesses or by his own Confession, and to award the Penalty or Punishment herein provided for such Offence; and the Matter of such Complaint shall be heard and determined by One of the Justices appointed to be a Magistrate of the Police Courts of the Metropolis at one of the said Police Courts; or if the Offence shall have been committed or the Offender apprehended in any Part of the Metropolitan Police District for which no Police Court shall be established as aforesaid, the Matter of such Complaint may be also heard and determined by any Two or more Justices acting in and for the County in which the Offence was committed or the Offender apprehended.

LXXVII. And be it enacted, That in every Case of the Adjudication of a pecuniary Penalty or Amends under this Act, and Nonpayment thereof, it shall be lawful for the Magistrate to commit the Offender to any Gaol or House of Correction within his Jurisdiction for a Term not more than One Calendar Month, where the Sum to be paid shall not exceed Five Pounds, the Imprisonment to cease on Payment of the Sum due; and the Costs for the Recovery thereof, and so much of every such pecuniary Penalty as shall not be awarded to the Informer or other Persons who have contributed to the Conviction, shall be paid to the Receiver of the Metropolitan Police for the Purposes of this Act; and the Residue thereof, under the Direction of the Magistrate by whom the same shall have been adjudged, shall be paid and applied either to the Use of the Informer alone or to the Use of such Persons as shall have contributed to the Conviction of the Offender, in such Shares and Proportions as such Magistrate shall think fit. LXXVIII. And

If Penalty is Offender may be committed.

Interpretation Clause.

This Act to be construed with 10 G. 4. c. 44.

Act may be altered this Session.

2 & 3 VICT. LXXVIII. And be it enacted, That in the Construction of this Act, unless there be something in the Context repugnant thereunto, any Word denoting the Singular Number or the Male Sex shall be taken to extend to any Number of Persons or Things and to both Sexes; and that all Things herein authorized to be done by the Commissioners of Police of the Metropolis may be done by either of them.

LXXIX. And be it enacted, That this Act shall be construed as one Act with the said Act passed in the Tenth Year of the Reign of King George the Fourth for the Improvement of Police in and near the Metropolis; and that all the Provisions of the said Act, except so far as is herein otherwise provided, shall extend to this Act, and to all Things done in execution of this Act.

LXXX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.

CAP. XLVIII.

An Act to amend Two Acts, of the Third and Fourth and Fourth and Fifth Years of His late Majesty King William the Fourth, for consolidating and amending the Laws relative to Jurors and Juries in Ireland.

6

6

[17th August 1839.]

WHEREAS an Act was passed in the Session of Parliament held in the Fourth and Fifth Years of the Reign ' of His late Majesty King William the Fourth, intituled An Act 4 & 5 W. 4. c.8. to amend an Act passed in the last Session, for consolidating and ' amending the Laws relative to Jurors and Juries in Ireland, ' reciting that by an Act passed in the last Session of Parlia3&4W.4.c.91. ment, intituled An Act for consolidating and amending the Laws ' relative to Jurors and Juries in Ireland, it was amongst other ' things enacted, "that the Justices assembled at every October • General or Quarter Sessions of the Peace to be holden in ' each Division of each County at large, and the Justices for ' and in each County of a City and County of a Town, in Ireland, should, at a Sessions to be holden at October in every • Year, fix a Place within such Division, and within such Coun'ties of Cities and Counties of Towns respectively, and also a Time not less than Two nor more than Three Calendar ، Months after the first Day of such General or Quarter • Sessions, for holding a Special Sessions for the Purpose of ' examining the Lists of Jurors in the said Act mentioned, ' pursuant to the Provisions thereof therein-after contained;" ' and further reciting, that "the Periods so prescribed for the ' holding of such Special Sessions had been found inconvenient, ' by reason of their approaching so nearly to the End of the ' current Year as not to leave convenient Time for the making ' out of the Jurors Book for the next ensuing Year;" and