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No. I. his hand and seal or their hands and seals to bring every such person or 1 & 2
persons before any such magistrate or magistrates justice or justices; and
on the appearance of such person or persons before such magistrate or Geo. 1V. magistrates justice or justices every such magistrate or justice is and are C, 50.
hereby authorised and empowered 10 examine upon oath (or affirmation)
every such witness; and if any such person or persons on his her or Persons refus
their appearance, or on being brought before any such magistrale or maing may be com- gistrates justice or justices shall refuse to be examined upon oath (or mitted.
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. Persons for- XV. And be it further enacted, That if any person or persons who swearing guilty shall take any oath (or affirmation) by this Act directed to be taken, or of Perjury. 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 hy indictment or information according to due coursc 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.
in manner prescribed by this Act shall cause every such conviction to be
day 6 to wit. of
Majesty's Justices of the Peace for the said county of
division of the said county of
or, for the city liberty or town • (as the case may be), for
and do adjudge him her or them [us the case may be] to forfeit and pay for the same the sum
Given I under
hand and seal, the day and year aforesaid.' Conviction not XVII. And be it further enacted, That no certiorari letters of advocaremovable. tion or of suspensation shall be granted to remove any conviction or other
proceedings had thereon in pursuance of this Act. Appeal to XVIII. Provided always, and it is hereby further enacted, That if any Quarter Ses. person or persons convicted of any offence punishable by this Act shall sions.
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
year of the
or, for the
appear just and reasonable to be paid by either party; and if upon hear- No. I.
1 & 2 victed shall be confirmed, such appellant or appellants shall'immediately
Geo. IV. or within twenty-four hours afterwards pay down the sum he she or they
c. 50. 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 appeal; 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.
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 construcd 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 bad 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. complained of to the party complaining or to the attorney named in 1 & 2
such notice; and if the same is not accepted of, the defendant or defendGeo. IV.
ants 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 c. 50.
leave of the court in which the action shall be coinmenced, and if upon
defendant or defendants.
commenced against any other person or persons than a justice or other
shall be given upon a verdict or demurrer against the plaintiff or plainTreble Costs. tiffs, the defendant or defendants in every such action shall and may re
cover treble costs and have the like remedy for the same as any defendant
her or their costs. Limiting the
XXII. Provided always, and be it further enacted, That no person Commence
shall be convicted of any offence under this Act, unless the information ment of Prose- in order for such conviction shall be exbibited within fourteen days after cutions. Persons con
the offence committed (except in cases of perjury); and that no person victed not
who shall be prosecuted to conviction for any oftence done or committed liable to other against this Act shall be liable to be prosecuted for the same offence Prosecution.
under any other law.
XXIII. And be it further enacte:], That all penalties and forfeitures
shall, when recovered or paid, go and be disposed of in manner following
dens and overseers of the poor shall in his or their discretion think fit.
Canıbridge or either of them, or their or either of their clerks of the
severally and respectively, from time to time as there shall be occasion, No. I. 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
1 & 2 by any baker or other person whatsoever within the limits of their several
Geo. IV. jurisdictions, and shall and may inquire into and punish any breach
c. 50. ihereof 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.
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.
ta th th
ritual and Temporal and the Commons in this present Parliament
assembled, and by authority of the same, That the justices of peace in 13 Co. 33.
every shire of this realm franchise city or borough, or four of them at the Poph. 192 2 Inst. 700
least, (1.) whereof one to be of the quorum, shall have power and autho
rity to inquire hear and determine in the King's general sessions of peace Justices of Peace may
of all manner of annoyances of bridges broken in the highways to the award Process damage of the King's liege people, and to make such process and pains against them upon every presentment afore them for the reformation of the same, who ought to
against such as owen to be charged for the making or amending of such repair Bridges. bridges, as the King's justices of his bench use commonly to do, or as it
This Act is en- shall seem by their discretions to be necessary and convenient for the
• 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 shiire 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 an 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 repair every public Bridge within it; unless when hath not four Justices and a Sessions of its own, indicted for the now repair of it they can shew the Justices of the County shall inquire ; but if hy their plea that some other person is liable; and the Franchise be a County of itself, and hath not every Bridge in a highway is by the Stat. 22 H. 8. four Justices, it is not within the Statute, but is c. 5. deemed a public Bridge for this purpose. left to the remedy at Common Law: 2 Inst. 702. Therefore, where Queen Anne, in 1708, for her
(2.) In the reading upon this Statute, 2 Inst. greater convenience, built a bridge on the Thames 702. it is shewn that the term inhabitants is re. at Datchet, in the common highway leading from ferrible to the Occupiers of Tenements, and that London and Windsor, in lieu of an ancient ferry Corporations are chargeable for the Roads in their which belonged to the Crown, and she and her own Occupation; but by Statute 12. G. II. successors maintained and repaired the Bridge till c. 29. the charge of repairing Bridges is to be in- 1796, when, being in part broken down, the cluded in the general County Rate.
whole was removed, and the materials converted (3.) The Inhabitants of a County are bound to to the use of the King, by whom the ferry was