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person charged to appear at a time named in such summons; and if he accordingly, then (upon proof of the the summons upon such person by same to him personally, or by leavi his usual place of abode,) the justice ceed to hear and determine the c issue his warrant for apprehending s bringing him before himself or some the peace; or the justice before w shall be made may (if he shall so th any previous summons (unless specially directed), issue such wa justice before whom the person char or be brought shall proceed to hear the case.

any indicted fo e it shall be necessar efraud, to allege th with intent to in e), without alleg any particular p offence it shall injure or defra I be sufficient to f e act charged wi the case may be.

ew. It is framed? , s. 8, and reade an indictment f or to prove on the efraud any par on these points s of forgery and

Note. This clause is taken Geo. 4, c. 30, s. 30.

See the Appendix, post, for under this clause.

Abettors

punishable

on sum

mary con

viction.

63. Whosoever shall aid, abet, counsel, or procure in offences the commission of any offence which is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction before a justice of the peace, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this Act made liable.

Applica

forfeitures

and penal

convictions.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 31. There is a similar clause in the 14 & 15 Vict. c. 93, s. 22 (I.).

64. Every sum of money which shall be forfeited tion of for the amount of any injury done shall be assessed in each case by the convicting justice, and shall be ties upon paid to the party aggrieved, except where he is summary unknown, and in that case 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 and applied in the same manner as other penalties recoverable before justices of the peace are to be paid and applied in cases where the statute imposing the same contains no directions for the payment thereof to any person: Provided that where several persons shall join in the commission of the same offence, and shall, upon conviction commission thereof, each be adjudged to forfeit a sum equivalent offence. to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a justice of the peace is herein before directed to be applied.

Proviso where Several persons join in

of same

Note. This clause is taken from the 7 & 8

which shall be done shall be a g justice, and sh d, except where ch sum shall be app everys enalty; and payment of the amount and costs.

exceed five pounds; and for any terr four months where the amount, with exceed ten pounds; and for any ter six months in any other case; the be determinable in each of the cases

penalty by any j tion to such ano d applied in the

overable before j applied in caser

direc

contains no person: Provide

in in the comm hall, upon con

rfeit a sum equi

Note. This clause is taken f Geo. 4, c. 30, s. 33. There is in the 14 & 15 Vict. c. 93, s. 22

66. Where any person shall be victed before a justice of the peace

to the party ag the justice may, if he shall so think f ne, in every such against this Act, and it shall be a

d the remaining s

offender from his conviction upon h

istice of the peas costs, or either of them, as shall be ed in the same a satisfaction to the party aggrieved fo

lied.

ken from the 7

the justice.

Note.-This clause is taken

A summary

bar to any

other proceeding for

the same

Geo. 4, c. 30, s. 34. There is a similar clause in the 14 & 15 Vict. c. 93, s. 21 (I.).

67. When any person convicted of any offence conviction punishable upon summary conviction by virtue of shall be a this Act shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the Crown, or the Lord Lieutenant or other Chief Governor of Ireland, or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any justice as aforesaid, he shall be released from all further or other proceedings for the same cause.

cause.

Appeal.

Note.-This clause is framed from the 7 & 8 Geo. 4, c. 30, s. 36, and 22 & 23 Vict. c. 32. See the note to s. 109 of the Larceny Act, ante, p. 193.

For the meaning of the words "the same cause," see the note, ante, p. 73.

68. In all cases where the sum adjudged to be paid on any summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one month, or the conviction shall take place before one justice only, any person who shall think himself aggrieved by any such conviction may appeal at the next court of general or quarter sessions which shall be holden not less than twelve days after the day of such conviction, for the county or place wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or shall enter into a recognisance, with two sufficient sureties, before a justice of the peace, conditioned personally to appear at the said sessions and to try such

nd 22 &

of the Larceny conviction, and to pay such costs as s and shall, if necessary, issue proce

the words "thes such judgment; and in any case

nte, p. 73.

such deposit shall have been made conviction shall be affirmed, the Cou sum thereby adjudged to be paid, t

The sum adjudged costs of the conviction and the cost

iction shall

exce

shall take place

to be paid out of the money deposited,

nt adjudged shall thereof, if any, to be repaid to the 1 who shall think viction shall be quashed, the Court iction may appeal money deposited to be repaid to the

and in any case where after any such

rter sessions whic

and in every case where any con

ve days after the quashed on appeal as aforesaid, the c ty or place when or other proper officer shall forthwith

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conviction a memorandum that the quashed; and whenever any copy such conviction shall be made, a copy randum shall be added thereto, and s evidence that the conviction has been case where such copy or certificate wo evidence of such conviction.

arisen; provided complainant a of the cause and er such convictio efore such sessions stody until the se ance, with two su peace, conditioned sessions and to t

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