be the same as the above form, to the *] calendar months; and also that the said C. D., after the expiration of four days from the date hereof, and before the expiration of the said term of imprisonment, shall be [twice privately] whipped. Given under our hands and seals, the day and year first above mentioned.

J. P.

L. S.

See Arch. Peel's Acts, p. 127. 7 & 8 Geo. 4, c. 29, s. 43.

RECEIVERS.

27. Receiving stolen Property, where the Offence of the Principal is punishable by Conviction only.

Summons or Warrant.

Same as the forms, ante, p. 96.

of

Conviction.

BERKSHIRE, to wit: Be it remembered, that on the in the year of our Lord , at

day

in the

county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the day of -, in the year aforesaid, at the parish of "" in the county aforesaid, [one ash tree, of the value of two shillings, the property of E. F., by a certain illdisposed person unknown then lately before unlawfully stolen, taken, and carried away from a certain close of the said E. F., in which the same was then and there growing], did unlawfully receive from the said ill-disposed person, he the said C. D. then and there well knowing the said tree to have been unlawfully come by; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge, &c. as in the conviction of the principal, to the end.

See Arch. Peel's Acts, p. 167. 7 & 8 Geo. 4, c. 29, s. 60.

Conviction for a second Offence.

Same as the above, to the words] against the form of the statute in that case made and provided. And it is now proved before me the said J. P., that the said C. D. was, on the ― day of last past, at , in the county of victed before one of his Majesty's justices of the peace for the said county of, for that he the said C. D., on the day of in the year aforesaid, at the parish of

con

in the county last aforesaid, one other ash tree [&c. as in the former conviction, to the words "against the form of the statute in that case made and provided"]; and the said C. D. was thereupon adjudged [&c. as in the former conviction, to the end of the adjudication]. I the said J. P. do therefore adjudge the said C. D., for such his said second offence of which he is now convicted, to &c. as in a conviction of the principal for a second offence, to the end.

See Arch. Peel's Acts, p. 167. 7 & 8 Geo. 4, c. 29, s. 60.

ABETTORS, PRocurers.

28. Abettors or Procurers in Offences punishable by Stat. 7 & 8 Geo. 4, c. 29, on Summary Conviction.

For aiding or abetting, the offender may be convicted in the same form as if he had actually committed the offence. For counselling or procuring another to commit the offence, the party may be convicted with the principal, stating that “C. D. and E. F. are convicted before me, J. P., one," &c. "for that the said C. D., on &c., at &c.," stating the offence of the principal in the ordinary way, and then stating the offence of procurer thus: "and for that the said E. F., before the said offence was so committed as aforesaid, to wit, on the first day of July, in the year aforesaid, at the parish aforesaid, in the county aforesaid, did unlawfully counsel and procure the said C. D. the said offence in manner and form aforesaid to do and commit; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge," &c.

See Arch. Peel's Acts, p. 169. 7 & 8 Geo. 4, c. 29, s. 62.

LORD'S DAY.

See " Sunday."

MALICIOUS MISCHIEF.

In cases where the offence of maliciously injuring property is punishable upon a summary conviction, the proceedings are at present entirely regulated by stat. 7 & 8 Geo. 4, c. 30. Before we give the forms of convictions under this statute, therefore, it may be useful to insert a few of the sections of the statute, by which those proceedings are regulated.

By sect. 29, 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.'

By sect. 30, where any person shall be charged, on the oath of a credible witness, before any justice of the peace, 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.'

By sect. 37, 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,

Be it remembered, That on the

N

day of

in the

at

year of our Lord in the county of [or riding, division, liberty, city, &c. as the case may be], A. 0. 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 4. 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 [or, to be imprisoned in the and there

kept to hard labour] for the space of

[or, I adjudge

'the said A. O. for his said offence to forfeit and pay

[here state the penalty actually imposed, or state the penalty and also the amount of the injury done, as the case may be], and also 'to pay the sum of for costs; and in default of imme

'diate payment of the said sums, to be imprisoned in the

[or, to be imprisoned in the

'bour] for the space of

and there kept to hard launless 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 'direct that the said sum of

day of

-]; and I [i. e. the penalty only] shall 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, [i. e. the penalty] shall be paid to,

" that the said sum of

' &c. [as before], and that the said sum of [i. e. the sum for the amount of the injury done] shall be paid to C. D. [the 'party aggrieved, unless he is unknown, or has been examined in proof of the offence, in which case state that fact, and dispose of the whole like the penalty, as before]; and I order that the said " sum of for costs shall be paid to [the complainant]. Given under my hand and seal, the day and year first 6 above mentioned.'

Appeal. Id. s. 38. No certiorari. Id. s. 39. For a first of fence, the justice may discharge the offender, upon his making such satisfaction to the party aggrieved for damages and costs, or either, as shall be ascertained by the justice. Id. s. 34.

By sect. 33, in every case of a summary conviction under this act, where the sum which shall be forfeited for the amount of the injury done, or 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 be imprisoned only, or to be imprisoned and kept to hard 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 five pounds; and for any term not exceeding four calendar months, where the amount with costs shall not exceed ten pounds; 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.'

And lastly, by sect. 32, with regard to the application of all forfeitures and penalties upon summary convictions under this act,' it is enacted, 'That every sum of money, which shall be forfeited for the amount of any injury done, (such amount to be assessed in each case by the convicting justice), shall be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence; and in that case, or where the party aggrieved is unknown, such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such amount or otherwise, shall be paid to some one of the overseers of the poor, or to some other officer (as the justice may direct) of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate. Provided always, that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no farther sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a justice of the peace is hereinbefore directed to be applied.'

TREES, &c.

1. Maliciously cutting or damaging Trees, Shrubs, &c., to the amount of one Shilling.

Summons or Warrant.

Same as the forms, ante, p. 96.