offender shall have been prosecuted under this act for such offence, and convicted or acquitted thereof. houses. SEC. 7.-That if any person shall knowingly permit Penalty on perany meeting of any society, hereby declared to be an un- sons permitting lawful combination or confederacy, or of any division, ings in their branch, or committee of such society, to be held in his or her house, or apartment; such person shall, for the first offence, forfeit the sum of £5, to be recovered as any other penalty under this act; and for any such offence committed after the date of conviction, for the first offence be deemed guilty of an unlawful combination and confederacy, in breach of this act. SEC. 8.—That of the pecuniary penalties, when recovered, one moiety be given to the informer, the other to the king. County of to wit. A. B. of SEC. 9.-Form of Conviction. in day of "Be it remembered, that on this year Form of con is duly convicted before us, C. D. and E. F., two viction. of his Majesty's justices of the peace for the county, [city, or town] of of an act made in the fourth pursuance of the reign of King Geo. IV. [set forth the title of this act] for that the said A. B. after the passing of the said act, to wit, on the day of at did, contrary to the said act, become a member of [or, as the case may be, act as a member of, or maintain correspondence or intercourse with, or by contribution of money, or otherwise, abet and support] a society [describing the society,] which society is an unlawful combination and confederacy within the intent and meaning of the said act: wherefore, we, the said C.D. and E.F., do adjudge that he, the said A.B., do pay the sum of pounds [or, be imprisoned for the space ] as a penalty for his said offence, in pursuance of the Given under our hands and seals, this of said act. in the year of our Lord of his Majesty." and in the day of year of the reign Limitation on proceeding against parties for acting in advancement of this statute. SEC. 10.-That every action which shall be brought or commenced against any justice, constable, peace-officer, or other person, for any thing done in pursuance of this act, shall be commenced within three calendar months after the fact committed, and the action shall be local, and the defendants may plead the general issue, and give the act and the special matter in evidence, and if the action be brought beyond time, or in the wrong county, the jury shall find a verdict for the defendants, and in such case, or if there be a verdict for the defendants on the merits, or if the plaintiff become non-suit, or discontinue the action, or if there be judgment against the plaintiff upon demurrer, the defendant shall have double costs, to be recovered as in other cases by law. APPENDIX. COURSE OF THE PROCEEDINGS PREPARATORY TO SUMMARY CONVICTION BEFORE MAGISTRATES AT PETTY SESSIONS. THE trial of offences by summary proceedings before magistrates, having been unknown to the common law, and introduced only by statute, great strictness is required in conducting a branch of the administration of justice, in which the accused is deprived of that safeguard of his liberty, the trial by jury. Some observations, therefore, seem necessary as to the course which should be pursued preliminary to conviction. The following may be considered to be the stages of these summary proceedings, viz., 1st, the information; 2nd, the summons; 3rd, the trial; 4th, the judgment; and 5th, the execution thereon. 1st. As to the Information.-In all proceedings of a penal nature before magistrates, there must be an information or complaint, without which it seems the justice is not authorized to interfere.(a) This is to be under (a) 2 Lord Raym. 500. Brookshaw v. Hopkins, Lofft. 240. |