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Cases of Of. XXXIII. And for the more effectual Prosecution of Offences against fences punishable upon summary Conviction by virtue of this this Act punish. Act, Be it enacted, That where any person shall be charged on the able on sum
Oath of a credible Witness before any Justice of the Peace with mary Convic
any such Offence, the Justice may summon the Person charged tion, may be
to appear before any Two Justices of the Peace at a Time and determined in
Place to be named in such Summons, and if he shall not appear the Absence of
accordingly, then ( upon Proof of the due Service of the SumParty sum
mons upon such Person by delivering the same to him ) the Jusmoned and not
tices may either proceed to hear and determine the Case ex parte, appearing.
or may issue their Warrant for apprehending such Person and
bringing him before them; or the Justice before whom the Charge shall be made may (if he shall so think fit) issue such Warrant in the first Instance, without any previous Soumons.
Summary Pro ceedings must be commenced within Three Months.
, XXXIV. Provided always, and be it enacted, That the Prosecution for every Offence punishable on summary Conviction by virtue of this Act shall be commenced within Three Calendar Months after the Commission of the Offence, and not otherwise.
Form of Con
XXXV. And be it enacted, That the Justices before whom viction. any Person shall be summarily 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 ; ( that is to say,)
"BE it remembered, That on the Day of - in the Year • of our Lord
, in the County of -- [or Riding, • Division, Liberty, City, &c., as the case may be ), A. O. is convicted before • us (naming the Justices ), Two of His Majesty's Justices of the Peace for • the said County Cor Riding, &c.], for that he the said 4.0. did [specify • the Offence, and the Time and Place when and where the same was com• mitted, as the case may be ]; and we the said Justices adjudge the said A. O, • for his said Offence to be imprisoned in•the - , and there kept to • hard Labour for the space of
, [or, we adjudge the said A. O. for ( his said Offence to forfeit and pay the Sum of ] [here state the Amount of • the Fine imposed ], and also to pay the Sum of
, for Costs; and • in default of immediate Payment of the said Sums, to be imprisoned in • the
for the space of - , unless the said Sums shall be sooner * paid ; [or, and we order that the said Sums shall be paid by the said A. O. on • or before the Day of - ]; and we direct ihat the said Sum
[i. e. the Amount of the Fine ] 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 ; and we order that the said Sum of - , for Costs shall be • paid to C. D. [the Party aggrieved]. Given under our Hands the Day and
Year first above mentioned.
Conviction not to be quashed, removed, nor held void for Defect of Form.
XXXVI. And be it enacted, That no such Conviction shall be quashed for Want of Form, or be removed by Certiorari or otherwise into any of His Majesty's superior Courts of Record; and wo Warrant of Commitment shall be held void by
reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.
XXXVII. Provided always, and be it enacted, That nothing This Act not in this Act contained shall affect or alter any Act, so far as it to affect High relates to the Crime of High Treason, or to apy Branch of the Treason, the Public Revenue, or shall affect or alter any Act for the Pre- Revenue, or vention of Smuggling, or any Part of the Act passed in the Sixth Combination Year of the present Reign, intituled An Act to repeal the Laws Acts, relating to the Combination of Workmen, and to make other Provisions in lieu thereof.
XXXVIII. Provided also, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland.
Nor to extend to Scotland or Ireland.
. sro : NINTH GEO. IV. CAP. XXXII.
:: An Act FOR AMENDING THE LAW OF EVIDENCE IN CERTAIN
[ Pussed 27th June, 1828.]
ent Majesiy, bemporal, and Community of the same, the
sembled, and be shall be required to instead of
WHEREAS it is expedient that Quakers and Moravians should be allowed to give Evidence upon their solemn Affirmation in all Cases, Criminal as well as Civil; and that, in Prosecutions for Forgery, the Party interested should be rendered a competent Witness: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual
· · and Temporal, and Commons, in this present Parliament asQuakers or Mo- sembled, and by the Authority of the same, That every Quaker radians may, or Moravian who shall be required to give Evidence in any case instead of an whatsoever, Criminal or Civil, shall, instead of taking an Oath Oath, make in the usual Formi, be permitted to make bis or her solemn Affirsolemn Affir. mation or Declaration in the Words following; that is to say, mation in all
“I A.B. do solemnly, sincerely, and truly declare and affirm;" cases, Civil which said Affirmation or Declaration shall be of the same Force or Criminal.
and Effect in all Courts of Justice, and other places where by Law an Oath is required, as if such Quaker or Moravian had taken an Oath in the usual Form; and if any Person making such Affirmation or Declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any Matter or Thing, which if the same had been sworn in the usual Form would have amounted to wilful and corrupt Perjury, every such Offender shall be subject to the same Pains, Penalties, and Forfeitures to which Persons convicted of wilful and corrupt Perjury are or shall be subject.
Per. II. And be it enacted, That on any Prosecution by Indict. sons competent ment or Information, either at Common Law or by virtue of any Witnesses in Statute, against any Person, for forging any Deed, Writing, IvCases of Forgery. strument, or other Matter whatsoever ; or for uttering or dis
posing of any Deed, Writing, Instrument, or other Matter whatsoever, knowing the same to be forged; or for being Accessory before or after the Fact, lo any such Offence, if the same be a Felony; or for aiding, abetting, or counselling the Commission of any such Offence, if the saine be a Misdemeanor ; no Person shall be deemed to be an incompetent Witness in support of any such Prosecution, by reason of any interest which such Persou may have or be supposed to have in respect of such Deed, Writing, Instrunient, or other Matter.
Every Punish. III. And whereas it is expedient to prevent all Doubts re-
Consequences as a Pardon under the Great Seal as to the Felony
whereof the Offender was so convicted: Provided always, that nothing herein contained, nor the enduring of such Punishment, shall prevent or mitigate any Punishment to which the Offender might otherwise be lawfully sentenced on a subsequent Conviction for any other Felony.
IV. And whereas there are certain Misdemeanors which No Misderender the Parties convicted thereof incompetent Witnesses, and meanor (except it is expedient to restore the Competency of such Parties after Perjury) to they have undergone their Punishment; Be it therefore enacted, render a Party That where any Offender hath been or shall be convicted of any an incompetent such Misdemeanor, (except Perjury or Subornation of Perjury,)
Witness after and hath endured or shall endure the Punishment to which such
having endured Offender hath been or shall be adjudged for the same, such
the Punishment. Offender shall not, after the Punishment so endured, be deemed to be by reason of such Misdemeanor an incompetent Witness in any Court or Proceeding Civil or Criminal.