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Convictions,

LARCENY Act.
Summary.

7 & 8 Geo. 4, c. 29. 7 & 86.4,c.29.

Sect. LXIV. And be it enacted, That the prosecution Limitation as for every offence punishable on summary conviction under to summary

this Act, shall be commenced within three calendar months proceedings.

after the commission of the offence, and not otherwise ; Competency of and the evidence of the party aggrieved shall be admitted witnesses.

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.

MALICIOUS INJURIES Act. 7 & 8 G.4,c. 30.

7 & 8 Geo. 4, c. 30. Limitation as

Sect. XXIX. And be it enacted, That the prosecution for to summary

every offence punishable on summary conviction under this Act proceedings.

shall be commenced within three calendar months after the Competency of commission of the offence, and not otherwise : and the evidence witnesses. 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, not. withstanding any forfeiture or penalty incurred by the offence may be payable to the general rate of such county, riding or division,

Note.—The next provision regards the due enforcement of the justice's power ;

he may

either issue a summons, or a warrant of apprehension without the summons; or if the defendant refuse to obey, or neglect the summons, he may hear and determine the case ex parte.

LARCENY Act. 7 & 8 G.4,c.29.

7 & 8 Geo. 4. c. 29. Mode of com

Sect. LXV. And, for the more effectual prosecution of all pelling the offences punishable on summary conviction under this Act, appearance of

be it enacted, That where any person shall be charged, on the persons punishable on sum

oath of a credible witness, before any justice of the peace mary conviction, with any such offence, the justice may summon the person

charged to appear at a time and place to be named in such Convictions, summons, and, if he shall not appear accordingly, then Summary. (upon proof of the due service of the summons upon such

7 & 8 G.4 c.29. 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.

MALICIOUS INJURIES Act.
7 & 8 Geo. 4, c. 30.

7 & 8 G.4,c. 30. Sect. XXX. And, for the more effectual prosecution of all Mode of comoffences punishable on summary conviction under this Act, pelling the be it enacted, That where any person shall be charged on the appearance of

persons punishoath of a credible witness before any justice of the peace able on sumwith any such offence, the justice may summon the person mary conviction, 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 bring, ing 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.

LARCENY Act. Note.-The magistrate, however, if it be a first offence, may save the offender from conviction, provided he pays to the party aggrieved damages and costs.

Justice may

1

Convictions,

7 & 8 Geo. 4, c. 29. Summary.

Sect. LXVIII. Provided always, and be it enacted, That 7 & 8 G.4, c. 29.

where any person shall be summarily convicted before a

justice of the peace of any offence against this Act, and discharge the it shall be a first conviction, it shall be lawful for the offender in cer- justice, if he shall so think fit, to discharge the offender tain cases.

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.

MALICIOUS INJURIES Act. 7 & 8 G. 4, c. 30.

7 & 8 Geo. 4, c. 30. The justice

Sect. XXXIV. Provided always, and be it enacted, That may discharge where any person shall be summarily convicted before a justice ; the offender in

of the peace of any offence against this Act, and it shall be z: certain cases.

a first conviction, it shall be lawful for the justice, if he shall 6 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.

Note.—The scale of punishment prescribed in case the defendant shall not pay the penalty, is as follows; but upon payment of the damages and costs, the commitment is in every case declared to be at an end. For non-payment of Commitment to the common gaol or

a forfeiture or pe- house of correction, with imprisonment nalty, which, to- for a term not exceeding two calendar gether with costs months, such imprisonment to be with shall not exceed or without hard labour as the justice £.5.

shall see fit. The same when the S The same, except that the imprisonsum is £.10.

ment may be for four calendar months. In any other case.

s The same, extending the possible term of imprisonment to six calendar months.

LARCENY Act. 7 & 8 G.4, c.29.

7 & 8 Geo. 4, c. 29. Sect. LXVII. And be it enacted, That in every case summarily convicted shall of a summary convid

under this Act, where the sum not pay, &c.,

which shall be forfeited for the value of the property the justice may stolen or taken, or for the amount of the injury done, or commit him.

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If a person

which shall be imposed as a penalty by the justice, shall not Convictions, be paid, either immediately after the conviction, or within Summary. such period as the justice shall, at the time of the convic

7& 8 G.4, c. 29. tion, 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 Scale of impribe imprisoned only, or to be imprisoned and kept to hard sonment. 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 £.5.; and for any term not exceeding four calendar months, where the amount with costs shall not exceed £. 10.; 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.

MALICIOUS INJURIES Act.
7 & 8 Geo. 4, c. 30.

7 & 8 G.4,c. 30. Sect. XXXIII. And be it enacted, That in every case of If a person a summary conviction under this Act, where the sum which summarily

convicted shall shall be forfeited for the amount of the injury done, or which

not pay, &c., shall be imposed as a penalty by the justice, shall not be paid, the justice may either immediately after the conviction, or within such period commit him. 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 Scale of impribe imprisoned and kept to hard labour, according to the dis- sonment, cretion 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 £.5.; and for any term not exceeding four calendar months, where the amount, with costs, shall not exceed £. 10.; 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.

day of

Convictions,

Form of Conviction. Summury.

LARCENY Act. 7 & 8 G.4,c. 29.

7 & 8 Geo. 4, c. 29. Form of con- Sect. LXXI. And be it enacted, That the justice before viction.

whom any person shall be convicted of any offence against
this Act may cause the conviction to be drawn up in the fol-
lowing 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

in
the
year
of our Lord

at

in 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 be imprisoned in the

and there kept to hard labour] for the

space
of

[or, I adjudge the said A. 0. 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 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 the be imprisoned in the

and there kept to hard labour] for the space of

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

day of ] and I direct that the said sum of [i. e. the penalty only) shall be paid to

of 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

[or, to

[or, to

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