Manner as such Receiver may be dealt with, indicted, tried, and punished in the County or Place where he actually received such Property.

Restitution of

stolen Property

LVII. And, to encourage the Prosecution of Offenders, be it enacted, That if any Person, guilty of any such Felony or Misdemeanor as aforesaid, in stealing, taking, obtaining, or converting, or in knowingly receiving any Chattel, Money, valuable Security, or other Property whatsoever, shall be indicted for any such Offence, by or on the Behalf of the Owner of the Property, or his Executor or Administrator, and convicted thereof, in such Case the Property shall be restored to the Owner or his Representative; and the Court, before whom any such Person shall be so convicted, shall have Power to award from Time to Time Writs of Restitution for the said Property, or to order the Restitution thereof in a summary Manner: Provided always, that if it shall appear before any Award or Order made that any valuable Security shall have been bona fide paid or discharged by some Person or Body Corporate liable to the Payment thereof, or being a negotiable Instrument shall have been bona fide taken or received by Transfer or Delivery, by some Person or Body Corporate, for a just and valuable Consideration, without any Notice, or without any reasonable Cause to suspect that the same had by any Felony or Misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such Case the Court shall not award or order the Restitution of such Security.

Exception.

Taking a Reward without

bringing Offender to Trial.

. LVIII. And be it enacted, That every Person who shall corruptly take any Money or Reward, directly or indirectly, under Pretence or upon Account of helping any Person to any Chattel, Money, valuable Security, or other Property whatsoever, which shall by any Felony or Misdemeanor have been stolen, taken, obtained, or converted as aforesaid, shall (unless he cause the Offender to be apprehended and brought to Trial for the same) be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four Years, and, if a Male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit) in addition to such Imprisonment.

Advertising

Reward for Return of stolen Pro

perty, &c.

LIX. And be it enacted, That if any Person shall publicly advertise a Reward for the Return of any Property whatsoever which shall have been stolen or lost, and shall in such Advertisement use any Words purporting that no Questions will be asked, or shall make use of any Words in any public Advertisement purporting that a Reward will be given or paid for any Property which shall have been stolen or lost, without seizing or making any Inquiry after the Person producing such Property, or shall promise or offer in any such public Advertisement to return to any Pawnbroker or other Person who may have bought or advanced Money by way of Loan upon any Property stolen or lost, the Money so paid or advanced, or any other Sum of Money or Reward for the Return of such Property, or if any Person shall print or publish any such Advertisement, in any of the above Cases every such Person shall forfeit the Sum of Fifty Pounds for every such Offence, to any Person who will sue for the same by Action of Debt, to be recovered with full Costs of Suit.

LX. And

Receivers,

where the original Offence is punishable

on summary Conviction.

LX. And be it enacted, That where the stealing or taking of any Property whatsoever is by this Act punishable on summary Conviction, either for every Offence, or for the First and Second Offence only, or for the first Offence only, any Person who shall receive any such Property, knowing the same to be unlawfully come by, shall, on Conviction thereof before a Justice of the Peace, be liable, for every First, Second, or subsequent Offence of receiving, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence of stealing or taking such Property is by this Act made liable.

Principals in

the Second Degree, and Ac

cessories before

the Fact.

LXI. 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 any Felony punishable under this Act (except only a Receiver of stolen Property) 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.

the Fact to

Abettors in
Misdemeanors,

Abettors in Offences punishable on summary Conviction.

LXII. And be it enacted, That if any Person shall aid, abet, counsel, or procure the Commission of any Offence which is by this Act 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 such Person 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.

A Person in the Act of

committing any Offence may be apprehended

without a Warrant.

LXIII. And, for the more effectual Apprehension and Discovery of all Offenders punishable under this Act, be it enacted, That any Person found committing any Offence punishable, either upon Indictment or upon summary Conviction, by virtue of this Act, except only the Offence of Angling in the Daytime, may be immediately apprehended without a Warrant by any Peace Officer, or by the Owner of the Property on or with respect to which the Offence shall be committed, or by his Servant or any Person authorized by him, and forthwith taken before some neighbouring Justice of the Peace, to be dealt with according to Law; and if any credible Witness shall prove, upon Oath before a Justice of the Peace, a reasonable Cause to suspect that any Person has in his Possession or on his Premises any Property whatsoever, on or with respect to which any such

Search Warrants.

Party offering stolen Property may be seized.

Offence shall have been committed, the Justice may grant a Warrant to search for such Property, as in the Case of stolen Goods; 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 on or with respect to such Property, is hereby authorized, and, if in his

Power,

Power, is required to apprehend and forthwith to carry before a Justice of the Peace the Party offering the same, together with such Property, to be dealt with according to Law.

Limitation.

Witnesses.

LXIV. 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 proof of the Offence, and also the Evidence of any Inhabitant of the County, Riding, or Division in which the Offence shall have been committed, notwithstanding any Penalty or Forfeiture incurred by the Offence may be payable to the general Rate of such County, Riding, or Division.

Proceedings against Persons punishable summarily.

LXV. And, for the more effectual Prosecution of all 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 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.

Application of

Forfeitures and
Penalties on

summary Con-
victions.

LXVI. And, with regard to the Application of all Forfeitures and Penalties upon summary Convictions under this Act, be it enacted, That every Sum of Money, which shall be forfeited for the Value of any Property stolen or taken, or for the Amount of any Injury done, (such Value or Amount to be assessed in each Case by the convicting Justice,) shall be paid to the Party. aggrieved, if known, except where such Party shall have been examined in proof of the Offence, and in that 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 of the Peace, whether in addition to such Value or Amount, or otherwise, shall be paid to some one of the Overseers of the Poor, or to some other Officer (as the Justice may direct) of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate, whether the same shall or shall not contribute to such general Rate: 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 Value of the Property or to the Amount of the Injury, 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

Proviso.

Manner

Manner as any Penalty imposed by a Justice of the Peace is herein-before directed to be applied.

Persons not paying Penalty may be committed to Gaol for Two Months and kept to hard Labour.

LXVII. And be it enacted, That in every Case of a summary Conviction under this Act, where the Sum which shall be forfeited for the Value of the Property stolen or taken, or for the Amount of the Injury done, or which shall be imposed as a Penalty by the Justice, shall not be paid, either immediately after the Conviction, or within such Period as the Justice shall, at the Time of the Conviction, appoint, it shall be lawful for the convicting Justice (unless where otherwise specially directed) to 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 Calendar 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 Calendar Months, where the Amount with Costs shall not exceed Ten Pounds; and for any Term not exceeding Six Calendar Months, in any other Case; the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Amount and Costs.

Offenders on first Conviction under this Act, may be dis

LXVIII. Provided always, and be it enacted, That where any Person shall be summarily convicted before a Justice of the Peace of any Offence against this Act, and it shall be a First Conviction, it shall be lawful for the Justice, if he shall so think fit, to discharged by Jus- charge the Offender from his Conviction, upon his making such Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as shall be ascertained by the Justice.

fice, on making Satisfaction to Party aggrieved.

Persons imprisoned may

be pardoned by the King.

Summary Conviction a Bar to other Proeeedings.

LXIX. And be it enacted, That it shall be lawful for the King's Majesty to extend His Royal Mercy to any Person imprisoned by virtue of this Act, although he shall be imprisoned for Non-payment of Money to some Party other than the Crown.

LXX. And be it enacted, That in case any Person convicted of any Offence punishable upon summary Conviction by virtue of this Act, shall have paid the Sum adjudged to be paid, together with Costs, under such Conviction, or shall have received a Remission thereof from the Crown, or shall have suffered the Imprisonment awarded for Non-payment thereof, or the Imprisonment adjudged in the first Instance, or shall have been discharged from his Conviction in the Manner aforesaid, in every such Case he shall be released from all further of other Proceedings for the same Cause.

Form of Conviction before

a Justice.

LXXI. And be it enacted, That the Justice before whom any Person shall be convicted of any Offence against this Act may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as

the Case shall require; videlicet,

'BE it remembered, That on the the Year of our Lord

"the County of [or Riding, Division, Liberty, City, &c., as the Case may be ], A. O. is convicted before me J. P., One of His Majesty's Justices of the Peace for the said County [or Riding, &c.], for that he the said A. O. did [specify the Offence, and the Time and Place when and where the same was committed, as the Case may be; and on a Second • Conviction state the First Conviction ]; and I the said J. P. adjudge the said "A. O. for his said Offence to be imprisoned in the

[or to be imprisoned in the

hard Labour] for the Space of

A. O. for his said Offence to forfeit and pay

and there kept to [or, I adjudge the said

[here state the Penalty actually imposed, or state the Penalty, and also the Value of the Articles stolen, or the Amount of the Injury done, as the • Case may be], and also to pay the Sum of for Costs, and in default of immediate Payment of the said Sums, to be imprisoned in [or to be imprisoned in and there kept to hard Labour] for the Space unless the said Sums shall be sooner paid; [or, and I order that the said Sums shall be paid by the said A. O. on or before the

"the

"the "of

Day of

of

]; and I direct that [i. e. the Penalty only] shall be aforesaid, in which

the said Offence was committed, to be by him applied according to the "Directions of the Statute in that Case made and provided; [or that the said ". Sum of [i.e. the Penalty] shall be paid to, &c. [as before], and that the said Sum of [i.e. the Value of the Articles stolen, or the Amount of the Injury done] shall be paid to C. D. [the Party aggrieved, unless he is unknown or has been examined in proof of "the Offence, in which Case state that Fact, and dispose of the whole like the Penalty, as before]; and I order that the said Sum of

6.

for Costs shall be paid to

[the Complainant]. Given "under my Hand and Seal, the Day and Year first above mentioned.'

44

In Cases of

summary Con

viction by One Justice, Parties may ap peal to the

Sessions.

LXXII. And be it enacted, That 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 Calendar Month, or the Conviction shall take place before One Justice only, any Person, who shall think himself aggrieved by any such Conviction, may appeal to 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, Riding, or Division 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 enter into a Recognizance 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; and upon such Notice being given, and such Recognizance being entered into, the Justice, before whom the same shall be entered into, 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