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Limitation as XXIX. And be it enacted, That the Prosecution for every to suinmary
Offence punishable on summary Conviction under this Act shall Proceedings.
be commenced within Three Calendar Months after the ComEvidence ad mission of the Offence, and pot otherwise ; and the Evidence of missible. 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. Mode of com- XXX. And, for the more effectual Prosecution of all Offences pelling Ap
punishable on summary Conviction under this Act, be it enacted, pearance of
That where any Person shall be charged on the Oath of a crePersons charge
dible Witness before any Justice of the Peace with any such ed with Of
Offence, the Justice may summon the Person charged to appear fences, punish
at a Time and Place to be named in such Summons; and if he able summarily. shall not appear accordingly, then (upon Proof of the due Ser
vice 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.
Abettors in Of
XXXI. And be it enacted, That where any Offence is by this fences punish- Act punishable on summary Conviction, either for every Time able summarily. of its Commission, or for the First and Second Time only, or
for the First Time only, any Person who shall aid, abet, counsel, or procure the Commission of such Offence, 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. Application of XXXII. And, with regard to the Application of all ForfeiPenalties. tures and Penalties upon summary Convictions under this Act, be
it 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 knowo, 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 Party aggrieved Rate : Provided always, that where several Persons shall join in by sercrul Of. the Commission of the same Offence, and shall, upon Conviction
thereof, each be adjudged to forfeit a Sum equivalent to the fenders jointly, Amount of the Injury done, in every such Case no further Sum' to be paid only shall be paid to the Party aggrieved than that which shall be for
one Penalty. feited 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.
XXXIII. And be it enacted, That in every Case of a summary Conviction under this Act, where the Sum which shall be conimit Persons forfeited for the Amount of the Injury done, or which shall be not paying Peo imposed as a Penalty by the Justice, shall not be paid, either
nalties. 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 'I'wo Scale of InCalendar Months, where the Amount of the Sum forfeited, or
prisonment. 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.
may be dis.
XXXIV. Provided always, and be it enacted, That where Party convicted any Person shall be summarily convicted before a Justice of the Peace of any Offence against this Act, and it shall be a First charged in Conviction, it shall be lawful for the Justice, if he shall so certain Cases. think fit, to discharge .the Offender from his Conviction, upon his making such Satisfaction to the Party aggrieved, for Damages and Costs, or either of them, as shall be ascertained by the Justice.
XXXV. And be it enacted, That it shall be lawful for the King's Pardon. King's Majesty to extend His Royal Mercy to any Person imprisoned by virtue of this Act, although he shall be imprisoned for Non-payment of Money to some Party other than the Crown.
to other Pro
XXXVI. And be it enacted, That in
Person convicted Summary Cona of any Offence punishable upon summary Conviction by virtue of viction a Bar this Act, shall have paid the Sum adjudged to be paid, together with Costs, under such Conviction, or shall have received a Re-. ceedings. mission thereof from the Crown, or shall have suffered the Imprisonment awarded for Non-payment thereof, or the Imprisonment adjudged in the first Instance, or shall have been discharged from his Conviction in the Manner aforesaid, in every such Case he shall be released from all further or other Proceedings for the same Cause.
XXXVII. And be it enacted, That 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,
Form of. Con • BE it remembered, That on the
in viction. • the Year of our Lord
in the County I of -> [or Riding, Division, Liberty, City, &c., as the • Case may be ], 1.0. 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 4.0. did [specify the Offence, and the Time and Place when and where • the same was committed, as the Casé muy 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 ļ 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
There 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 ļof
-- for Costs ; and in default of immediate Payment of the said • Sums, to be imprisoned in the [ or to be imprisoned in the ! and there kept to hard Labour] for the Space of
unless 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
-]; and I direct ihat • the said Sum of
[i. e. the Penalty only ) shall be paid to
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 that the said Sum of - [i. e. the Penalty ] shall be • paid to, &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 ag. grieved, 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 [the Complainant ]. Given under my Hand and Seal, the Day and Year first above mentioned.'
Appeals to the
XXXVIII. And be it enacted, That in all Cases where the Şum Sessions.
adjudged to be paid on any summary Conviction shall exceed Five
Pounds, or the imprisonment adjudged shall exceed One Calendar Month, or the Conviction shall take place before One Justice only, any Person, who shall think himself aggrieved by any such Conviction, may appeal to the next Court of General or Quarter Sessions, which shall be holden not less iban Twelve Days after the Day of such Conviction, for the County, Riding, or Division 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 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, shaŲ order and adjudge the Offender to be punished according to the Conviction, and to pay such Costs as shall be awarded, aud shall, if necessary, issue Process for enforcing such Judgment.
XXXIX. And be it enacted, That no such Conviction, or Conviction not Adjudication made on Appeal therefrom, shall be quashed for to be quashed Want of Form, or be removed by Certiorari or otherwise into for Want of any of His Majesty's superior Courts of Record; and no War- Form, nor Com. rant of Commitment shall be held void by reason of any
Defect mitment for therein, provided it be therein alleged that the Party has been Defect. convicted, and there be a good and valid Conviction to sustain the same.
XL. And be it enacted, That every Justice of the Peace, be- Justices to fore whom any Person shall be convicted of any Offence against transmit Con. this Act, shall transmit the Conviction to the next Court of Ge- victions to neral or Quarter Sessions which shall be holden for the County
Court of Quar. or Place wherein the Offence shall have been committed, there to ter Sessions, to be kept by the proper Officer among the Records of the Court; be kept among
Records. and upon any Indictment or Information against any Person for a subsequent Offence, a copy of 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.
XLI, And, for the Protection of Persons acting in the Exe- Limitation of cution of this Act, be it enacted, That all Actions
and Prosecu- Actions against tions to be commenced against any Person for any thing done in Persons, for pursuance of this Act shall be laid and tried in the County where Acts done in the Fact was committed, and shall be commenced within Six Calendar Months after the fact committed, and not otherwise ; hereof. and Notice in Writing of such Action, and of the Cause thereof, Notice of shall be given to the Defendant One Calendar Month at least Action. before the Commencement of the Action; and in any such Action Pleadings. 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, Judgment 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.
XLII. Provided always, and be it enacted, That nothing in
Not to extend this Act contained shall extend to Scotland or Ireland.
to Scotland or
Ireland. XLIII. And be it enacted, That'where any Felony or Mis- But to Offences demearior punishable under this Act shall be committed within uithin Admithe Jurisdiction of the Admiralty of England, the same shall be ralty Jurisdicdealt with, inquired of, tried, and determined in the same Man
tion. ner as any other Felony or Misdemeanor committed within that Jurisdiction.
REMEDIES AGAINST HUNDREDS, &c.
7 & 8 GEO. IV. CAP. XXXI.
An ACT FOR CONSOLIDATING AND AMENDING THE LAWS IN ENGLAND RELATIVE TO REMEDIES AGAINST THE HUNDRED..
[Passed 21st June, 1827.]
[The Clauses of this Act are given verbatim from the public
Act, printed by the King's Printers; but the Side Epitome has been made more conformable to the Text.]
WHEREAS it is expedient that the several Statutes now in force in that, Part of the United Kingdom called England, relative to Remedies against the Hundred for the Damage occasioned by Persons riotously and tumultuously assembled, should be amended, and consolidated into One Act; and with that View the said Statutes are, by an Act of the present Session of Parliament, repealed, from and after the last Day of June in the present Year, except as to Offences and other Matters committed or done before or upop that Day: 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 this Act shall commence on the First Day of July in the present
Year. The Hundred to
II. And be it enacted, That if any Church or Chapel, or any make full Com- Chapel for the Religious Worship of Persons dissenting from the pensation for Da. United Church of England and Ireland, duly registered or remage by Rioters, corded, or any House, Stable, Coach-house, Outhouse, Wareto Churches, house, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, Buildings, &c.
or any Building or Erection used in carrying on any Trade or Mac
nufacture, or Branch thereof, or any Machinery, whether fixed or moveable, prepared for or employed in any Manufacture, or in any Branch thereof, or any Steam Evgine or other Engine for sinking, draining, or working any Mine, or any Staith, Building, or Erection used in conducting the Business of any Mine, or any Bridge, Waggon-way, or Trunk for conveying Minerals from any Mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any Persons riotously and tumultuously assembled together, in every such case the Inhabitants of the Hundred, Wapentake, Ward, or other District in the Nature of a Hundred, by whatever Name it shall be denominated, in which any of the said Offences shall be committed, shall be liable to yield full Compensation to the Person or Persons damnified by the Offence, not only for the Damage so done to any of the Subjects herein-before enumerated, but also for any Damage which may at the same Time be done by any such Offenders to any Fixture, Furniture, or Goods whatever, in any such Church, Chapel, House, or other of the Buildings or Erections aforesaid.