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Commencement of Act.

Repeal of

c. 19.

and shall have such remedy for recovering the same as defendants have for recovering costs of suit by law in other cases (x).

54. And be it enacted, That this Act shall take effect upon the day next after the day of the passing thereof; and that as soon as this Act shall take effect an Act passed in the third year of the reign of King former Acts. William the Fourth, intituled An Act for the more 3&4 Will. 4, effectual administration of the office of a Justice of the Peace in and near the Metropolis, and for the more effectual prevention of depredations on the River Thames and its vicinity, for three years; and also an Act passed in the first year of the reign of her 7 Will. 4, and present Majesty, intituled An Act to continue until the first day of July one thousand eight hundred and thirty-eight, and from thence until the end of the then next session of parliament, An Act for the more effectual administration of the office of a Justice of the Peace in

1 Vic. c. 37.

(a) See observations on the 41st section of the 10 Geo. 4, c. 44, ante p. 41. In order to maintain an action against the commissioners of the police for money detained by an officer after the trial of a prisoner, it must be distinctly shown that it was accounted for by the officer to the commissioners. Green v. Rowan, Esq. and another, 7 Carr. & P. 48. See also Lord Denman's Act, 3 & 4 Vict. c. 24, s. 2, by which it is provided that no costs shall be recovered in any action of trespass or trespass on the case where the damages recovered are less than 40s., unless upon the judge's certificate who tries the cause.

This section appears to be independent of the statute of the 24 Geo. 2, c. 44, s. 6; and it is apprehended that this clause is only cumulative; if this be so, a plaintiff cannot maintain trover against a constable for a wrongful taking under a justice's warrant without joining the justice as a defendant, if a perusal and copy of the warrant have been given under the 24 Geo. 2, c. 44, s. 6. Lyons v. Golding, 3 Carr. & P. 586

and near the Metropolis, shall cease and determine, except as to any offences which may have been committed against any of the said Acts before the commencement of this Act, and as to any penalties which may have been incurred under any of the said Acts before the commencement of this Act, which offences shall be dealt with and punished, and the penalties recovered, as if this Act had not been passed, and except also as to any matters done by any persons under the authority of any of the said Acts before the commencement of this Act, with respect to which every privilege and protection given to such persons by any of the said Acts shall continue in force as if this Act had not been passed.

be construed

2 & 3 Vic.

c. 47.

visions of this

55. And be it enacted, That this Act and an Act This Act to passed in the tenth year of the Reign of King George with 10 Geo. the Fourth, intituled An Act for improving the Police, C. in and near the Metropolis, and also an Act passed in the present session of parliament, intituled An Act for further improving the Police in and near the Metropolis, shall be construed together as one Act. 56. Provided always, and be it enacted, That in Certain proany proceeding under any Act or Acts relating to Act not to the customs, excise, stamps, taxes, or post office, laws of cusnothing herein contained shall extend to prevent stamps, and any penalties awarded by any one of the said taxes, or post magistrates from being recovered and adjudged to be paid as if this Act had not been passed, or to give any appeal from any conviction under any such Act or Acts where such appeal is not given by the Act or Acts specially relating thereunto.

extend to the

toms, excise,

office.

amended this

57. And be it enacted, That this Act may be Act may be amended or repealed by any Act to be passed in this session. present session of parliament.

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Metropolitan

Police District

to wit.

day of

at

SCHEDULE (B).

Form of Information.

Be it remembered, That A. B. of

in the county of

cometh on the

in the year of our Lord

before me J. P. one of the magistrates of the police courts of the metropolis, sitting at the police court within the metropolitan police district, and giveth me to understand and be informed that C. D. hath been guilty of [here describe the offence.]

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is brought before me J. P., one of the police magistrates of the metropolis, sitting at the police court in within the metropolitan police district, and is charged before me with having [here describe the offence]; and it appearing to me upon the confession of the said C. D. [or upon the oath of a credible witness, as the case may be], that the said C. D. is guilty of the said offence, I do therefore adjudge the said C. D. [insert the adjudication.] Given under my hand the day and year first above written.

2 & 3 VICT. CAP. XCiv.

(LOCAL ACT.)

An Act for regulating the Police in the City
of London.
[17th August, 1839.]

WHEREAS an Act was passed in the tenth year of 10 G. 2, c. 22. the reign of King George the Second, intituled An Act for the better regulating the Nightly Watch and Bedels within the City of London and Liberties thereof; and for making more effectual the Laws now in being for paving and cleansing the Streets and Sewers in and about the said City, whereby certain rates are imposed for the purposes of the said Act; and whereas a more efficient system of police has been established within the said city and the liberties thereof by day and night instead of such nightly watch, and in order to render the same still more effective it is expedient that the said Act should be repealed, and that other provisions should be made in lieu thereof: and whereas the mayor, aldermen, and commons of the city of London, in common council assembled, are willing and desirous to contribute out of the revenues and possessions of the mayor and commonalty and citizens of the said city a portion of the expense of the said police force 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

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