Convictions, 7 & 8 G. 4, c.29. 7 & 8 G.4, c. 30. Limitation as to summary proceedings. Competency of witnesses. 7 & 8 G. 4, c. 29. Mode of compelling the LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. 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. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XXIX. 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 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 er parte. LARCENY ACT. 7 & 8 Geo. 4. c. 29. Sect. 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 persons punish- oath of a credible witness, before any justice of the peace appearance of able on sum 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 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. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Convictions, 7 & 8 G.4 c. 29. 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. Convictions, 7 & 8 G.4, c.29. Justice may discharge the offender in certain cases. 7 & 8 G. 4, c. 30. 7 & 8 G.4, c.29. If a person summarily convicted shall not pay, &c., the justice may commit him. 7 & 8 Geo. 4, c. 29. Sect. 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. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XXXIV. 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. Note. The scale of punishment prescribed in case the defendant shall not pay the penalty, 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 The same when thes In any other case. The same, except that the imprisonment may be for four calendar months. The same, extending the possible term of imprisonment to six calendar months. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. 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 2 Convictions, 7& 8 G. 4, c. 29. 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 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. Convictions, 7 & 8 G.4, c.29. Form of Conviction. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. 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, 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 labour] for the space of [or, to and there kept to hard [or, I adjudge the said A. O. for his said offence to forfeit and pay of the said sums, to be imprisoned in the be imprisoned in the labour] for the space of [or, to and there kept to hard 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 of ] and I direct that the said sum of [i. e. the penalty only] shall be paid to day 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 |
