No. I. 1 & 2 c. 50. Persons refus his hand and seal or their hands and seals to bring every such person or persons before any such magistrate or magistrates justice or justices; and on the appearance of such person or persons before such magistrate or Geo. IV. magistrates justice or justices every such magistrate or justice is and are hereby authorised and empowered to examine upon oath (or affirmation) every such witness; and if any such person or persons on his her or their appearance, or on being brought before any such magistrate or magistrates justice or justices shall refuse to be examined upon oath (or affirmation) concerning the premises, without offering any just excuse for such refusal, any such magistrate or magistrates justice or justices within the limits of his or their jurisdiction may, by warrant under his hand and seal or their hands and seals, commit any person or persons so refusing to be examined to the public prison of the city county division liberty or place in which the person or persons so refusing to be examined shall be, there to remain for any time not exceeding fourteen days as any such magistrate or magistrates justice or justices shall order and direct. ing may be committed. Persons for swearing guilty of Perjury. Form of Conviction. Conviction not removable. Appeal to Quarter Sessions. XV. And be it further enacted, That if any person or persons who shall take any oath (or affirmation) by this Act directed to be taken, or be examined on oath (or affirmation) by virtue or in the execution of this Act, shall wilfully forswear or shall falsely affirm himself herself or themselves, every such person or persons shall be subject and be liable to be prosecuted for perjury by indictment or information according to due course of law; and if convicted thereof shall be subject and liable to the like pains and penalties which persons convicted of wilful and corrupt perjury are subject and liable to. XVI. And be it further enacted, That the magistrate or magistrates justice or justices before whom any person or persons shall be convicted in manner prescribed by this Act shall cause every such conviction to be drawn up in the form or the effect following; (that is to say), of division of the said or, for the city liberty or town and do adjudge him her or them [as the case may be] to forfeit and pay for the same the sum Given XVII. And be it further enacted, That no certiorari letters of advocation or of suspensation shall be granted to remove any conviction or other proceedings had thereon in pursuance of this Act. XVIII. Provided always, and it is hereby further enacted, That if any person or persons convicted of any offence punishable by this Act shall think him her or themselves aggrieved by the judgment of the magistrate or magistrates justice or justices before whom he she or they shall have been convicted, such persons shall have power from time to time to appeal to the justices at the next general or general quarter sessions of the peace which shall be held for the city county division liberty town or place where such judgment shall have been given, and that the execution of such judgment shall in such case be suspended, the person so convicted entering into a recognisance at the time of such conviction, or within twenty-four hours after the same shall be made, with two sufficient sureties in double the sum which such person shall have been adjudged to pay or forfeit, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the justices at their said next general or quarter sessions; which recognisance the magistrate or magistrates justice or justices before whom such conviction shall be made is and are hereby empowered and required to take; and the justices in the said general or general quarter sessions are hereby authorised and required to hear and finally determine the matter of every such appeal, and to award such costs as to them shall appear just and reasonable to be paid by either party; and if upon hearing the said appeal the judgment of the magistrate or magistrates justice · or justices before whom the appellant or appellants shall have been convicted shall be confirmed, such appellant or appellants shall immediately or within twenty-four hours afterwards pay down the sum he she or they shall have been adjudged to have forfeited, together with such costs as the said justices in their said general or general quarter sessions shall award to be paid to the prosecutor or informer for defraying the expences sustained by reason of any such appcal; and in default of the appellant's paying the same, any two justices or any magistrate or justice of the peace, having jurisdiction in the place into which any such appellant or appellants shall escape or where he she or they shall reside, shall and may by warrant under their hands and seals or his hand and scal commit any such appellant or appellants to the common gaol of the city county division or place where he she or they shall be apprehended, until he she or they shall make payment of such penalty and of the costs and charges which shall be adjudged on the conviction; but if the appellant or appellants in any such appeal shall make good his her or their appeal and be discharged of the said conviction, reasonable costs shall be awarded to the appellant or appellants against such informer or informers who would (in case of such conviction) have been entitled to a moiety of the penalty to have been recovered as aforesaid; and which costs shall and may be recovered by the appellant or appellants against any such informer or informers in like manner as costs given at any general or general quarter sessions are recoverable: Provided always, that no person shall be detained in prison for any such offence for a greater length of time than two calendar months. No. I. 1 & 2 Geo. IV. c. 50. XIX. Provided always and be it further enacted, That if any such If Conviction conviction shall happen to be made within six days before any general or shall happen general quarter sessions of the peace shall be held for the city county within Six division town corporate borough or place where such conviction shall Days, Appeal have been made, then the party or parties who shall think him her or may be made to themselves aggrieved by any such conviction shall and may, on entering the Sessions into recognisance in manner and for the purposes before directed, be at following. liberty to appeal either to the then next or next following general or general quarter sessions of the peace which shall be held for any such county division city town corporate borough liberty or place where any such conviction shall have been made. XX. And be it further enacted, That every action or suit which shall Limitation of be brought or commenced against any magistrate or magistrates justice Actions. or justices or any peace officer or officers for any matter or thing done or committed by virtue of or under this Act shall be commenced within six months after the fact committed and not afterwards, and shall be laid or brought in the city county or place where the matter in dispute shall arise and not elsewhere; and that the statute made in the twentyfourth year of the reign of King George the Second, intituled An Act for rendering Justices of the Peace more safe in the Execution of their Office, and for indemnifying Constables and others acting in obedience to their Warrants, so far as the said Act relates to the rendering the justices more safe in the execution of their office, shall extend and be construed to extend to the magistrate and magistrates justice and justices of the peace acting under the authority or in pursuance of this Act; and that no action or suit shall be had or commenced against, nor shall any writ be issued out or copy of any writ be served upon any peace officer or officers for any thing done in the execution of this Act until seven days after notice in writing shall have been given to or left for him or them at his or their usual place of abode by the attorney for the party intended to commence such action; which notice in writing shall contain the name and place of abode of the person intending to bring such action and also of his attorney and likewise the cause of action or complaint; and any peace officer or officers shall be at liberty and may by virtue of this Act, at any time within seven days after any such notice shall have been given to or left for him, tender or cause to be tendered any sum or sums of money as amends for the injury No. I. 1&2 Geo. IV. c. 50. General Issue. Treble Costs. Limiting the Commencement of Prose а complained of to the party complaining or to the attorney named in such notice; and if the same is not accepted of, the defendant or defendants in any such action or actions may plead such tender in bar of such action or actions, together with the general issue or any other plea with leave of the court in which the action shall be commenced, and if upon issue joined on such tender the jury shall find amends tendered to have been sufficient, they shall find a verdict for the defendant or defendants; and in every such case, or if the plaintiff shall become nonsuit or discontinue his action, or if judgment shall be given for the defendant or defendants upon demurrer, or if any action or suit shall be brought after the time limited by this Act for bringing the same, or shall be brought in any other county or place than as aforesaid, then and in every such case the jury shall find a verdict for the defendant or defendants, and the defendant or defendants shall be entitled to his or their costs; but if the jury shall find that no such tender was made or that the amends tendered were not sufficient, or shall find against the defendant or defendants or any plea or pleas by him or them pleaded, they shall then give a verdict for the plaintiff and such damages as they shall think proper; and the plaintiff shall thereupon recover his costs against every such defendant or defendants. XXI. And be it further enacted, That if any action or suit shall be commenced against any other person or persons than a justice or other peace officer for any thing done in pursuance of this Act, the defendant or defendants in every such action or suit may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear to have been so done, or if a verdict shall be recorded for the defendant or defendants, or if the plaintiff or plaintiffs shall be nonsuited or discontinue his her or their action after the defendant or defendants shall have appeared, or if a judgment shall be given upon a verdict or demurrer against the plaintiff or plaintiffs, the defendant or defendants in every such action shall and may recover treble costs and have the like remedy for the same as any defendant or defendants hath or have in other cases by law for the recovery of his her or their costs. XXII. Provided always, and be it further enacted, That no person shall be convicted of any offence under this Act, unless the information in order for such conviction shall be exhibited within fourteen days after the offence committed (except in cases of perjury); and that no person who shall be prosecuted to conviction for any offence done or committed liable to other against this Act shall be liable to be prosecuted for the same offence under any other law. cutions. Persons convicted not Prosecution. Penalties. XXIII. And be it further enacted, That all penalties and forfeitures Application of by this Act inflicted, the application of which is not herein-before directed, shall, when recovered or paid, go and be disposed of in manner following (that is to say), one moiety thereof where any offender or offenders shall be convicted either by his her or their confession or by the oath (or affirmation) of one or more credible witness or witnesses shall go and be paid to the person or persons who shall inform against and prosecute to conviction any such offender or offenders, and the other moiety thereof, or in case there be no such person informing, then the whole thereof shall go and be paid to the churchwardens and overseers of the poor of the parish or parishes for the use of the poor of the said parish wherein such offence shall be committed, in such manner as the said churchwardens and overseers of the poor shall in his or their discretion think fit. Saving the XXIV. Provided always and be it further enacted, That neither this Act or any thing herein contained shall extend or be construed to extend to prejudice the ancient right of custom of the University of Oxford or of Cambridge or either of them, or their or either of their clerks of the market, or the practice within the several jurisdictions of the said universities or either of them used to set ascertain and appoint the assize and weight of all sorts of bread to be sold or exposed to sale within their several jurisdictions; but that they and every of them shall and may severally and respectively, from time to time as there shall be occasion, set ascertain and appoint within their several and respective jurisdictions the assize and weight of all sorts of bread to be sold or exposed to sale by any baker or other person whatsoever within the limits of their several jurisdictions, and shall and may inquire into and punish any breach thereof fully and freely in all respects as they used to do and as if this Act had never been made; any thing herein contained to the contrary thereof notwithstanding. No. I. 1 & 2 Geo. IV. c. 50. XXV. And be it further enacted, That this Act shall commence and Commencetake effect from and immediately after one calendar month from the ment of Act. passing thereof. XXVI. And be it further enacted, That this Act shall be deemed and Public Act. taken to be a public Act, and shall be judicially taken notice of as such by all judges justices and others without being specially pleaded. c. 5. 13 Co. 33. Poph. 192 2 Inst. 700 Justices of Peace may award Process against them who ought to PART VI. CLASS VI. Bridges. [ No. I. ] 22 Henry VIII. c. 5.—For Bridges and Highways. 22 Henry VIII. BE it enacted by the King our Sovereign Lord, and the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, That the justices of peace in every shire of this realm franchise city or borough, or four of them at the least, (1.) whereof one to be of the quorum, shall have power and authority to inquire hear and determine in the King's general sessions of peace of all manner of annoyances of bridges broken in the highways to the damage of the King's liege people, and to make such process and pains upon every presentment afore them for the reformation of the same, against such as owen to be charged for the making or amending of such bridges, as the King's justices of his bench use commonly to do, or as it shall seem by their discretions to be necessary and convenient for the speedy amendment of such bridges. repair Bridges. This Act is enforced by 1 Ann, St. 1. c. 18. so tute. 6 II. And where in many parts of this realm it cannot be known and far as not alter-proved what hundred riding wapentake city borough town or parish nor ed by that Sta-what person certain or body politick ought of right to make such bridges decayed, by reason whereof such decayed bridges for lack of knowledge of such as owen to make them for the most part lie long without any amendment to the great annoyance of the King's subjects? III. For the remedy thereof be it enacted by authority aforesaid, That in every such case the said bridges, if they be without city or town corporate, shall be made by the inhabitants (2.) of the shire or riding within the which the said bridge decayed shall happen to be; and if it be within any city or town corporate, then by the inhabitants of every such city or town corporate wherein such bridges shall happen to be; and if part of any such bridges so decayed happen to be in one shire riding city or town corporate, and the other part thereof in another shire riding city or town corporate, or if part be within the limits of any city or town corporate and part without, or part within one riding and part within another; that then and in every such case the inhabitants of the shires ridings cities or towns corporate shall be charged and chargeable to amend make and repair such part and portion of such bridges so decayed as shall lie and be within the limits of the shire riding city or town corporate, wherein they be inhabited at the time of the same decays. (1.) (1.) If the Bridge be within a Franchise which hath not four Justices and a Sessions of its own, the Justices of the County shall inquire; but if the Franchise be a County of itself, and hath not four Justices, it is not within the Statute, but is left to the remedy at Common Law: 2 Inst. 702. (2.) In the reading upon this Statute, 2 Inst. 702. it is shewn that the term inhabitants is re ferrible to the Occupiers of Tenements, and that Corporations are chargeable for the Roads in their own Occupation; but by Statute 12. G. II. c. 29. the charge of repairing Bridges is to be included in the general County Rate. (3.) The Inhabitants of a County are bound to repair every public Bridge within it; unless when indicted for the now repair of it they can shew by their plea that some other person is liable; and every Bridge in a highway is by the Stat. 22 H. 8. c. 5. deemed a public Bridge for this purpose. Therefore, where Queen Anne, in 1708, for her greater convenience, built a bridge on the Thames at Datchet, in the common highway leading from London and Windsor, in lieu of an ancient ferry which belonged to the Crown, and she and her successors maintained and repaired the Bridge till 1796, when, being in part broken down, the whole was removed, and the materials converted to the use of the King, by whom the ferry was |