« EelmineJätka »
Manner as such Receiver may be dealt with, indicted, tried, and punished in the. County or Place where he actually received such Property.
LVII. And, to encourage the Prosecution of Offenders, be it Restitution of enacted, That if any Person, guilty of any such Felony or Mise stolen Property demeanor 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 Exception. · 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.
; LVIII. And be it enacted, That every Person who shall cor- Taking a Reruptly take any Money or "Reward, directly or indirectly, under ward without Pretence or upon Account of helping any Person to any Chattel, bringing Of-' Money, valuable Security, or other Property whatsoever, which fender to Trial. 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.
· LIX. And be it enacted, That if any Person shall publicly Advertising advertise a Reward for the Return of any Property whatsoever Rewurd for which shall have been stolen or lost, and shall in such Advertise- Return of ment use any Words purporting that no Questions will be asked, stolen Proor shall make use of any Words in any public Advertisement pur- perty, &c. porting 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 proinise 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 Persou 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.
Receivers, LX. And be it enacted, That where the stealing or taking of where the ori- any Property whatsoever is by this Act punishable on summary ginal Offence Conviction, either for every Offence, or for the First and Second is punishable Offence only, or for the first Offence only, any Person who shall on summary receive any such Property, knowing the same to be unlawfully Conviction.' 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 LXI. And be it enacted, That in the Case of every Felony the Second De. ' punishable under this Act, every Principal in the Second Degree,
and every Accessory before the Fact, shall be punishable with before 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 (except only a Receiver of
stolen Property) shall on Conviction be liable to be imprisoned Abettors in for any Term not exceeding Two Years; and every Person, who Misdemeanors, shall aid, abet, counsel, or procure the Commission of any Mis
demeanor punishable under this Act, shall be liable to be indicted and punished as a principal Offender..
Abettors in Of. LXII. And be it enacted, That if any person shall aid, abet, fences punish counsel, or procure the Commission of any Offence which is by able on sum- this Act punishable on summary Conviction, either for every mary Convic Time of its Commission, or for the First and Second Time only,
or for the First Time only, every such Person shall, on Con
viction 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 LXIII. And, for the more effectual Apprehension and Disthe Act of covery of all Offenders punishable under this Act, be it enacted, committing any That any Person found committing any Offence punishable, Offence may be either upon Indictment: or upon summary Conviction, by virtue apprehended
of this Act, except only the Offence of Angling in the Daywithout a War
time, may be immediately apprehended without a Warrant by rant.
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 forth with 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 bis Premises any Property whatsoever, on or with respect to which any such
Offence shall have been committed, the Justice may grant a Search War. Warrant to search for such Property, as in the Case of stolen rants.
Goods; and any Person, to whom any Property shall be offered Party offering to be sold, pawned, or delivered, if he shall have reasonable Cause stolen Property to suspect that any such Offence has been committed on or with may be seized. respect to such Property, is hereby authorized, and, if in bis
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.
LXIV. And be it enacted, That the Prosecution for every Limitation. 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 Witnesses. 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.
LXV. And, for the more effectual Prosecution of all Offences Proceedings punishable on summary Conviction under this Act, be it enacted, against Persons That where any Person shall be charged, on the Oath of a cre- punishable sumdible Witness, before any Justice of the Peace with any such marily. Offence, the Justice may summon the Person charged to appear at a Time and Place to be named in such Suminons, 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.
LXVI. And, with regard to the Application of all Forfeitures Application of and Penalties upon summary Convictions under this Act, be it Forfeitures and enacted, That every Sum of Money, which shall be forfeited for Penalties on : the Value of any Property stolen or taken, or for the Amount of summary Conany Injury done, (such Value or Amount to be assessed in each victions. 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 se- Proviso. , veral 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
Manner as any Penalty imposed by a Justice of the Peace is herein-before directed to be applied.
Persons not LXVII. And be it enacted, That in every Case of a summary paying Penalty Conviction under this Act, where the Sum which shall be forfeited may be com- for the Value of the Property stolen or taken, or for the Amount mitted to Gaol of the Injury done, or which shall be imposed as a Penalty by for Two Months the Justice, shall not be paid, either immediately after the Conand kept to viction, or within such Period as the Justice shall, at the Time hard Labour. 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
may be discharged by Jus
ng Satisfaction to Party aggrieved.
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 discharge 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.
Persons im LXIX. And be it enacted, That it shall be lawful for the prisoned may King's Majesty to extend His Royal Mercy to any Person imbe pardoned by prisoned by virtue of this Act, although he shall be imprisoned the King. for Non-payment of Money to some Party other than the Crown. Summary Con- :LXX. And be it enacted, That in case any Person convicted viction a Bar of any Offence punishable upon summary Conviction by virtue of to other Pro. this Act, shall have paid the Sum adjudged to be paid, together ceedings. with Costs, under such Conviction, or shall have received a Re
mission 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 or other Proceedings for the same Cause.
Form of Con- LXXI. And be it enacted, That the Justice before whom any viction before Person shall be convicted of any Offence against this Act may a Justice. . 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
Day of • 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 Cor Riding, &c.], for 6 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 6. A. O. for his said Offence to be in prisoned in the . [ or to be imprisoned in the
. and there kept to " hard Labour] for the Space of
[or, I adjudge the said 6. A. O. for his said Offence to forfeit and pay « [here state the Penalty actually imposed, or state the Penalty, and also the " Value of the Articles stolen, or the Aniount 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 4, the
- [or to be imprisoned in 6: the
and there kept to hard Labour] for the Space 6 of
unless the said Suns shall be sooner paid ; [or, and . I order that the said Sums shall be paid by the said A. O. on or before the Day of
]; and I direct that • the said Sum of . : :
[i. e. the Penalty only ) shall be 6 paid to
. aforesaid, 'in which the said Offence was committed, to be by him applied according to the 6 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 6, before 1, 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. Ď. • [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 .. i 6 for Costs shall be paid to
[the Complainant]. Given 6 under my Hand and Seal, the Day and Year first above mentioned.'
· LXXII. And be it enacted, That in all Cases where the Sum In Cases of adjudged to be paid on any summary Conviction shall exceed summary Coná Five Pounds, or the Imprisonment adjudged shall exceed One viction by One Calendar Month, or the Conviction shall take place before One Justice, Par. Justice only, any Person, who shall think himself aggrieved by ties may ap. any such Conviction, may appeal to the next Court of General peal to the or Quarter Sessions, which shall be holden not less than Twelve Sessions. 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,