§ 38. "In all cases where the sum adjudged to be paid on any 7&8 G. 4. c. 30. summary conviction shall exceed 5., or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take Appeal, place before one justice only, any person who shall think himself in what cases ; aggrieved by any such conviction may appeal to 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, within what riding, or division wherein the cause of complaint shall have arisen; time; 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 what notice. the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sufficient sureties before a justice of the peace, conditioned personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment." § 39. "No such conviction, or adjudication made on appeal therefrom 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 no 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 con viction to sustain the same.” No certiorari. No commitment void for any defect therein, if a conviction be alleged, and there be a valid one. § 40. "Every justice of the peace, before whom any person shall be convicted of any offence against this act, shall transmit Justice to rethe conviction to the next court of general or quarter sessions turn conviction. which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or Proof of it by information against any person for a subsequent offence, a copy of copy. such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shewn." Limitation of. § 41. "All actions and prosecutions to be commenced against As to actions. any person for any thing done in pursuance of this act, shall be Venue, local. laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise: and notice (a) in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the (a) See Beechy v. Sides, post, p. 558. Notice of, 7 & 8 G.4.c.30. General issue. Tender of amends. Defendant to have full costs. Plaintiff not to have costs unless the judge certify his approbation. Not to extend to Scotland or Ireland. To extend to offences committed at sea. Cutting down to be within though they be not thereby wholly destroyed. Lopping of trees, where to be presumed of owner. action; and in any such action the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judg ment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.' § 42. Provided always, that nothing in this act contained shall extend to Scotland or Ireland." 43. "Where any felony or misdemeanor, punishable under this act, shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction." Prisoner was indicted on 9 G. 1. c. 22. § 1. (now repealed), for cutting down prosecutor's trees; and it appeared that they were pear and apple trees, from four to six feet high in the stem, which had been planted and grafted by the prosecutor for the purpose of making profit of their fruit. It was in evidence that the trees, though cut down, were not totally destroyed, but might shoot again. On cas. res., the judges held that these trees were within the statute, and that the cutting them down, without wholly destroying them, brought the case within the enactment. Rex v. Taylor, C. C. R. 373. An indictment on 6 G. 3. c. 36. (now repealed), charged pri soners with lopping and topping an ash-tree, without consent of the owner (following the words of the statute). The owner had against consent died about ten days after the offence committed, having given directions for their apprehension; and the steward proved that he had never himself given permission, and he believed his master never did. Bayley J. left it to the jury whether, from all the circumstances, they were perfectly satisfied that the prisoners had not obtained the owner's consent. The jury found the prisoners guilty. Bucks Sum. Ass. 1826, R. v. Hazy and another, 2 C. & P. Person bonâ fide supposing that he is acting pursuant to statute is within its protection, and must have a 4.58. An action for assault and false imprisonment was brought under the following circumstances: Defendant's tenant had sold the loppings of some trees which grew on part of the demised premises; and the plaintiff was employed to cut them, which he proceeded to do, in spite of a notice from defendant, the landlord, forbidding him; and on his persevering in the cutting, the defendant came with a peace-officer and apprehended him, under § 28. of month's notice 7 & 8 G. 4. c. 30., and took him to the justice's clerk's office, where he was liberated on his undertaking to appear; and the next day the justice dismissed the charge. It was objected that there of action. ought to have been a month's notice of the action, by § 41. of the same act; and the court of King's Bench were of this opinion; holding that where a party bond fide, though erroneously, believes or supposes that he is acting in pursuance of an act of parliament, he is within the protection of such a clause, and they made absolute a rule for entering a nonsuit. Beechey v. Sides, 9 B. & C. 806. tree on premises which are In an action for assault and imprisonment, it appeared that Person cutdefendant, a magistrate, had committed plaintiff to prison under ting down a 7 & 8 G. 4. c. 30. § 19., for maliciously cutting down a tree; the depositions shewed that the tree was growing on premises occu- in his occupapied by plaintiff, and it was contended, on motion for setting tion. aside a nonsuit, that this evidence proved the defendant to have acted without jurisdiction and without colourable cause. But, per Tindal C. J.: "I cannot accede to the proposition, that the circumstance of a party's being occupier of the premises on which the tree is cut necessarily takes a case out of the statute. Suppose the trees excepted in a lease; the tenant would be a trespasser ; and if liable in trespass, I am not prepared to say he might not be liable criminally." The court, however, discharged the rule, on the ground that the magistrate had exercised his judgment in a case in which he had jurisdiction. Mills v. Collett, 6 B. 85. Form of Commitment on 9 G 4. c. 31. § 11. for an Attempt to murder by shooting. Kent [the county wherein the commitment is made].-J. P. esquire, one of his majesty's justices of the peace for the said county, to the constable of -, in the said county, and to the keeper of the common gaol at in the said county. THESE are to command you the said constable, in his majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said common gaol, the body of C. D., charged this day before me the said justice, on the oath of A. B. of and others, for that he the said C. D., on, &c., at, &c., with a certain loaded arm, to wit, a [pistol] loaded with powder and a certain leaden shot, unlawfully, maliciously, and feloniously did shoot at one A. B., with intent, in so doing, then and there unlawfully, maliciously, and feloniously to shoot, kill, and murder the said A. B.; against the form of the statute in that case made and provided. And you the said keeper are hereby required to receive the said C. D. into your custody in the same common gaol, and him there safely to keep until he shall be thence delivered by due course of law. Herein fail you not. Given under my hand and seal the day of- in the year of our Lord J. P. If the commitment be on § 12. of the same stat., state the offence to be with the intention in so doing then and there unlawfully, maliciously, and feloniously to maim, disfigure, and disable (or, to do some grievous bodily harm to) the said A. B. Forms of Information, Warrant, and Commitment on 7 & 8 G. 4. c. 30. Information for maliciously cutting, &c. the Whole or any Part of any Tree, &c. where Amount of Injury done is 18. first Offence. or more County of THE information and complaint of A. B., of K., in the county of S., made on oath before me, J. P., one to wit. of his majesty's justices of the peace in and for the said county, the in the year of our Lord last, at day of who saith, that on the -day of L., in the parish of M., in the said county, C. D., of L. aforesaid, did unlawfully and maliciously cut [or, break, &c. as the case may be] and damage the whole, &c. [as the case may be], the property of G.H., whereby the same was then and there injured to the amount of , contrary to the form of the statute in such case made and provided. And thereupon the said A. B. prayeth the judgment of me, the justice aforesaid, in the premises. Taken and sworn before me, to wit. Warrant to apprehend thereon. To the constable of S., in the county of B. County of WHEREAS information and complaint upon oath have been made before me, J. P., one of his ma jesty's justices of the peace in and for the said county, by A. B., of K., in the county aforesaid, labourer, that on in the year of our Lord. the day of at L., in the parish of S., in the said county, C. D., of L. aforesaid, in the county aforesaid, did unlawfully and maliciously cut [or, break, &c. as in the information] and damage the whole, &c. [as in the information], the property of G. H., whereby the same was then and there injured, to the amount of ~, contrary to the form of the statute in such case made and provided: These are, therefore, to require you forthwith to apprehend the said C. D., and bring him before me, at &c. in the said county, to answer unto the said information and complaint, and to be further dealt with according to law. Herein fail not. Given under my hand and seal, the year of our Lord" day of in the J. P. Commitment after Conviction thereon. To the constable of S., in the county of B., and to the keeper of in the said county. the at " County of WHEREAS C. D., of L., in the said county, labourer, is convicted by and before me, J. P., one to wit. of his majesty's justices of the peace in and for the said county, upon the oath of A. B., for that he the said C. D. did, on, &c., in the parish of S., in the said county, unlawfully and maliciously cut [or, break, &c. as in the information,] and damage the whole, &c. [as in the information], the property of G. H., whereby the same was then and there injured, to the amount of , contrary to the form of the statute in such case made and provided. And thereupon I, the said justice, adjudged the said C. D. to forfeit and pay, over and above the amount of the injury so done as aforesaid, for his said offence, the sum of -, and for the said injury so done, the further sum of ; and I did direct the said sum of to be immediately paid to J. K., one of the overseers of the poor of the said parish of S., in the said county, to be by him paid over to the use of the general rate of the said county, and the said sum of to be immediately paid to G. H., the party aggrieved by the said offence, who was not examined in proof of the same: And whereas the said C. D. has made default in payment of the said sums: These are, therefore, to require you, the said constable, to convey the said C. D. to the said at aforesaid, and deliver him to the said keeper thereof, together with this precept; and you, the said keeper, are hereby commanded to receive the said C. Ď. into your custody, in the said -, there to be imprisoned [or, imprisoned and kept to hard unless such sums as aforesaid shall be sooner paid and satisfied, and for your so doing this shall labour] for the space of be your sufficient warrant. Given under my hand and seal, the thousand eight hundred and Information for maliciously destroying, or damaging with Intent to destroy, any Plant, &c. growing in any Garden, &c. County of THE information and complaint of A. B., of S., in the county of B., made upon oath before me, J. P., one of his majesty's justices of the peace in and for day of in the year of our Lord who saith, that on the to wit. the said county, the one thousand eight hundred and day of last, at L., in the parish of S., in the said county, C. D., of L., labourer, did unlawfully and maliciously destroy [or, damage with intent to destroy] a certain plant, &c. [as the case may be], the property of G. H., then growing in a there situate, whereby the same was then and there injured, to the amount of contrary to the form of the statute in such case made and provided: And thereupon the said A. B. prayeth the judgment of me, the justice aforesaid, in the premises. Taken and sworn before me, to wit. J. P. } Warrant to apprehend thereon. To the constable of S., in the county of B. County of WHEREAS information and complaint upon oath have been made before me, J. P., one of his majesty's justices of the peace in and for the said county, by A. B., of S., in the county aforesaid, labourer, that on the day of last, in the parish of S., in the said county, C. D., of S., in the county aforesaid, labourer, did unlawfully and maliciously destroy [or, damage with intent to destroy] a certain plant, &c. [as in the information] the property of G. H., then grow ing in a there situate, whereby the same was then and there injured, to the amount of -, contrary to the form of VOL. III. |