Justices may summon for 'the said alderman [or aldermen], justice [or justices], adjudge the said A. B. for his said offence 'to forfeit and pay the sum of [here state the amount of the sum to be paid], and in default of immediate payment of the said sum, to be imprisoned in the day of 'shall be sooner paid; and I [or we] order that the " space of for the unless the said sum shall be sooner paid; and I [or we] direct that the said sum shall be paid to the chamberlain of the said city of London, 'to be by him applied according to the Act passed ' in the year of the reign of Queen Victoria, 'intituled [here set forth the title of this Act]. Given • under my hand and seal [or our hands and seals] 'the day and year first above mentioned.' 100. And be it further enacted, That in all cases the recovery in which any rate made by virtue of this Act, or of penalties. any penalty or forfeiture hereby imposed, is made recoverable before any justice, it shall and may be lawful for any justice to whom complaint shall be made of any offence against this Act to summon the party complained against before him, and on such summons to hear and determine the matter of such complaint, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited or taken by or before the said justice; and all such proccedings by summons without information shall be as good, valid, and effectual to all intents and purposes as if an information in writing had been exhibited. peace 101. And be it further enacted, That it shall be Appeal. lawful for any person who shall think himself aggrieved or over-rated by any rate made in pursuance of this Act, and also for any person who shall be convicted by any justice of the said city of any offence against this Act, to appeal to the justices of the for the said city at their general or quarter sessions to be holden for the said city of London within three calendar months next after such cause of complaint shall arise, unless the same shall arise within fourteen days preceding such sessions, in which case such appeal may be brought at the second sessions after such cause shall arise; and the said justices are hereby authorized and required to take cognizance thereof, and to hear and determine such complaint, and shall and may, if they see cause, amend the said rate, or vacate or set aside the conviction, and set the parties at liberty, or otherwise may ratify or confirm the same respectively, with such costs as to them in their discretion shall seem reasonable, and shall and may levy by their order or warrant such costs so awarded by distress and sale of the goods and chattels of the person who shall refuse to pay the same, and for want of sufficient distress shall and may commit such person to the house of correction for the said city of London for any time not exceeding three calendar months, or until payment of such costs, but may be liberated on entering into such recognizance as any such justice shall direct : provided always, that the per Persons paying police son so appealing as aforesaid shall and he is hereby required to give notice in writing of such his intention of bringing or prosecuting such appeal fourteen days before the said general or quarter sessions, and shall, before such notice given, enter into a recognizance before some justice of the said city, in the sum of twenty pounds, with two sufficient sureties in the sum of ten pounds each, with condition to prosecute such appeal, and to pay all costs in case such appeal shall be determined against the party so appealing. 102. Provided always, and be it enacted, That rate, or being no person, although liable to the payment freemen, not incompetent witnesses. of money to be deemed towards the rates authorized to be raised by this Act, shall by reason thereof, or by reason of the application of any penalty towards the purposes of this Act, or by reason of his being a freeman of the city of London, be deemed to be an incompetent witness before any court or justice in any proceedings whatever for any offence against this Act, or in any matter relating to the money to be raised by virtue of this Act, or in any other matter mentioned in this Act; and no justice shall be disabled from acting in the execution of this Act by reason of his being liable to the payment of any money towards the rates authorized to be raised by this Act. No proceed. ing to be quashed for informality, or defect in warrant, &c. 103. And be it further enacted, That no conviction, order, warrant, or other matter made or purporting to be made by virtue of this Act shall be quashed for want of form; and no warrant of commitment shall be held void by reason of any defect therein, provided that it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same ; and where any distress shall be made for levying any money by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage (if any) in an action upon the case. this Act. 104. And be it further enacted, That the charges Expenses of and expenses of obtaining and passing this Act, and incident thereto, shall be defrayed by and out of the monies to be raised by virtue of this Act. 105. And be it further enacted, That this Act Public Act. shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and others. c. 47. 3 & 4 VICT. CAP. 84. An Act for better defining the Powers of Justices within the Metropolitan Police District. [7th August, 1840.] WHEREAS by an Act passed in the last session of 2 & 3 Vict. parliament, intituled An Act for further improving the Police in and near the Metropolis, it is among other things enacted, That in the construction of that Act the word "magistrate" shall be taken to include every justice of the peace acting in and for any part of the metropolitan police district for which no police court shall be established, and that if any offence against that Act 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; and it is expedient that the meaning of these enactments be more clearly expressed, and that further provision be made for defining the divisions for which police courts are established within the metropolitan district: 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 so much of the said Act as is herein before recited shall be repealed. Repeal of 2 & 3 Vict. c. 47, ss. 75, 76. |