C. D. is convicted before us, J. P. and L. M., two of his Majesty's justices of the peace for the said county: for that he the said C. D., on the day of —, last past, at the parish of in the said county, did unlawfully assault and beat one A. B.; and we the said justices adjudge the said C. D. for his said offence, to forfeit and pay the sum of [five pounds], 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 day of unless the said sums shall be sooner paid;" or if time be given for the payment of the penalty, &c. "We order that the said sums shall be paid by the said C. D. on or before the -]; and we direct that the said sum of [five pounds] shall be paid to E. F. 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 the said A. B. Given under our hands, the day and year first above mentioned. J. P. L.M. Fine, toge Mode of This form is given by stat, 9 Geo. 4, c. 31, s. 35. ther with costs (if ordered), not to exceed 5l.; Id. s. 27. proceeding, and application of penalty. Id. s. 27, 33. tion of prosecution, three months. Id. s. 34. No certiorari. Id. s. 36. Commitment for non-payment of the Penalty. Same as the forms, ante, p. 351, 352, s. 2, 3. If the penalty be not paid, either immediately upon conviction, or within such time as the justice shall appoint, the offender to be committed to the gaol or house of correction, for not more than two calendar months, unless the fine and costs be sooner paid. 9 Geo. 4, c. 31, s. 27. Certificate, upon the Complaint being dismissed. Whereas A. B., of -> in the county of Berks, labourer, heretofore, on the day of- in the year of our Lord came before me, J. P., one of his Majesty's justices of the peace for the said county of Berks, and complained to and informed me, that C. D., of. in the county aforesaid, labourer, on last past, at the parish of day of day of in the the said county, did unlawfully assault and beat him the said A. B.; and whereas the said C. D., being duly summoned to answer the said charge, appeared before me on the inin the said county, and the said A. B. also then and there attended before me for the purpose of proving the offence charged upon the said C. D., in and by the said complaint: I, the said J. P., do hereby certify, that having heard what the stant, at said A. B. had to allege in that behalf, and the evidence adduced by him in proof of the said offence, and having also heard what the said C. D. then and there alleged in his defence, and it manifestly appearing to me, [that the said C. D. was not guilty of the assault and battery charged upon him in and by the said complaint," or "that the said C. D. was lawfully justified in the committing of the assault and battery charged upon him, in and by the said complaint," or "that the assault and battery proved, was so trifling, as not to merit any punishment], I thereupon then and there dismissed the said complaint. Given under my hand, the day of, in the year of our Lord J. P. APPENDIX OF STATUTES. 9 GEO. IV. c. 31. An Act for consolidating and amending the Statutes in ་ [27th June, 1828.] WHEREAS it is expedient to repeal various statutes now in The following force in that part of the United Kingdom called England, relative to statutes, reoffences against the person, in order that the provisions contained pealed: in those statutes may be amended and consolidated into this act ;' 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 assembled, and by the authority of the same, That so much of the Great 9 H. 3, c. 26. Charter made in the ninth year of the reign of King Henry the Third, as relates to inquisitions of life or member; and so much 52 H. 3, c. 25. of a statute made in the fifty-second year of the same reign, as relates to murder; and so much of a statute made in the third 3 Ed. 1, c. 11 year of the reign of King Edward the First, as relates to inquests and 13. of murder, and the writ of odio et atid, and to any person ravishing or taking away by force any female as therein mentioned; and so much of a statute made in the fourth year of the same 4 Ed. 1, st. 3, reign, intituled The Statute of Bigamy, as relates to bigamists; c. 5. and so much of a statute made in the sixth year of the same 6 Ed. 1, c. 9. reign, as relates to any person killing another by misfortune or in his own defence, or in other manner without felony; and so 13 Ed. 1, st. 1, much of a statute made at Westminster in the thirteenth year of c. 29 and 34. the same reign, as relates to the writ of odio et atid and to rape; c. 3. and so much of a statute made in the ninth year of the reign of 9 Ed. 2, st. 1, King Edward the Second, commonly called Articuli Cleri, as relates to laying violent hands on a clerk; and so much of a sta- 18 Ed. 3, st. 3, tute made in the eighteenth year of the reign of King Edward c. 2. the Third, as relates to bigamists; and so much of a statute made 25 Ed. 3, st. 5, part of c. 2. R c. 6. 5 H. 4, c. 5. 5 H. 4, c. 6. c. 9. 3 H. 7, c. 2. 12 H. 7, c. 7. 24 H.8, c. 5. in the twenty-fifth year of the same reign, as relates to petit 50 Ed. 3, c. 5. treason; and so much of a statute made in the fiftieth year of the same reign, as relates to the arrest of persons of holy church; 1 Ric. 2, c. 15. and so much of a statute made in the first year of the reign of 6 Ric. 2, st. 1, King Richard the Second, as relates to the like arrests; and so much of a statute made in the sixth year of the same reign, as relates to ravishers, and to women ravished; and so much of a statute made in the fifth year of the reign of King Henry the Fourth, as relates to cutting the tongues or putting out the eyes of any of the King's liege people, and to any assault upon the 2 H. 5, st. 1, servant of a knight of the shire in Parliament; and so much of a statute made in the second year of the reign of King Henry the Fifth, as relates to persons fleeing for murders, manslaughters, 11 H. 6, c. 11. robberies, and batteries; and so much of a statute made in the eleventh year of the reign of King Henry the Sixth, as relates to any assault or affray made to any lord, knight of the shire, citizen, or burgess being and attending at the Parliament or other Council of the King; and an act passed in the third year of the reign of King Henry the Seventh, intituled An Act against taking away 3 H.7, c. 14. of Women against their Wills; and an act passed in the same year, intituled An Act that the Steward, Treasurer, and Controller of the King's House, shall enquire of Offences done within the same; and an act passed in the twelfth year of the same reign, intituled An Act to make some Offences Petty Treason; and an act passed in the twenty-fourth year of the reign of King Henry the Eighth, intituled An Act where a Man killing a Thief shall not forfeit his Goods; and an act passed in the twenty-fifth year of the same reign, intituled An Act for the Punishment of the Vice of Buggery; and so much of an act passed in the thirty-third year of the same reign, intituled An Act for Murther and malicious Bloodshed within the Court, as relates to the punishment of manslaughter and of malicious striking, by reason whereof blood shall be shed; 33 H. 8, c.23. and an act passed in the same year, intituled An Act to proceed! by a Commission of Oyer and Determiner against such Persons as shall confess Treasms, without remanding the same to be tried in the same Shire where the Offence was committed; and so much of an act passed in the first year of the reign of King Edward the sixth, intituled An Act for the Repeal of certain Statutes concerning Treasons, Felonies, &c., as relates to petty treason and murder, and to bigamists, but nothing therein now in force relating to foreign pleas or dower; and so much of an act passed in the fifth and sixth years of the same reign, intituled An Act against quarrelling and fighting in Churches and Churchyards, as relates to the punishment of persons convicted of striking with any weapon, or draw4 & 5 P. & M. ing any weapon with intent to strike as therein mentioned; and an act passed in the fourth and fifth years of the reign of King Philip and Queen Mary, intituled An Act that Accessories in Murder and divers Felonies shall not have the Benefit of Clergy; 4 & 5 P. & M. and an act passed in the same years, intituled An Act for the 25 H. 8, c. 6. 33 H.8, c. 12, part of s. 6, s. 18. to 1 Ed. 6, c. 12, ss. 10, 13, 16, 22. 5 & 6 Ed. 6, c. 4, s. 3. c. 4. c. 3. |