« PreviousContinue »
Cattle. [ No I. ] 3 Geo. IV. c. 71.–An Act to prevent the cruel
and improper Treatment of Cattle.-[22d July 1822.] WHEREAS it is expedient to prevent the cruel and improper treatment
of horses, mares, geldings, mules, asses, cows, heifers, steers, oxen, sheep, and other cattle: May it therefore please your Majesty that it may be enacted; and be it 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 if any person or persons shall wantonly and cruelly beat Magistrates abuse or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, empowered to sheep, or other cattle, and complaint on oath thereof be made to any inflict a Penalty justice of the peace or other magistrate within whose jurisdiction such on Persons conoffence shall be committed, it shall be lawful for such justice of the peace victed of cruel or other magistrate to issue his summons or warrant, at his discretion, to Treatment of boring the party or parties so complained of before him, or any other jus- Cattle. tice of the peace or other magistrate of the county city or place within which such justice of the peace or other magistrate has jurisdiction, who shall examine upon oath any witness or witnesses who shall appear or be produced to give information touching such offence (which oath the said justice of the peace or other magistrate is hereby authorized and required to administer); and if the party or parties accused shall be convicted of any such offence, either by his her or their own confession, or upon such information as aforesaid, he she or they so convicted shall forfeit and pay any sum not exceeding five pounds, nor less than ten shillings, to his Majesty, his heirs and successors; and if the person or persons so convicted shall refuse or not be able forthwith to pay the sum forfeited, every such offender shall, by warrant under the hand and seal of some justice or justices of the peace or other magistrate within whose jurisdiction the person offending shall be convicted, be committed to the house of correction or some other prison within the jurisdiction within which the offence shall have been committed, there to be kept without bail or mainprize for any time not exceeding three months.
II. Provided always, and be it enacted by the authority aforesaid, That No Person to no person shall suffer any punishment for any offence committed against be punished, this Act, unless the prosecution for the same be commenced within ten unless Comdays after the offence shall be committed ; and that when any person shall plaint made
within Ten suffer imprisonment pursuant to this Act, for any offence contrary thereto, in default of payment of any penalty hereby imposed, such person shall Days after the not be liable afterwards to any such penalty.
III. Provided also, and be it further enacted, That no order or proceed- Proceedings not ings to be made or had by or before any justice of the peace or other to be quashed magistrate by virtue of this Act shall be quashed or vacated for want of for Want of form, and that the order of such justice or other magistrate shall be final; Form. and that no proceedings of any such justice or other magistrate in pursuance of this Act shall be removeable by certiorari or otherwise.
IV. And for the more easy and speedy conviction of offenders under Form of Conthis Act, be it further enacted, That all and every the justice and justices viction. of the peace, or other magistrate or magistrates, before whom any person or persons shall be convicted of any offence against this Act, shall and
No. I. may cause the conviction to be drawn up in the following form of words, 3 Geo. IV. or in any other form of words to the same effect, as the case shall happen; c. 71.
in the year of our Lord
A. B. is • convicted before me, one of his Majesty's justices of the peace for
or mayor or other magistrates of • [as the case may be] either by his own confession, or on the oath of one
or more credible witness or witnesses (as the case may be] by virtue of an • Act made in the third year of the reign of his Majesty King George the
Fourth, intituled An Act to prevent the cruel and improper Treatment of Cattle, [specifying the offence, and time and place where the same was committed, as the case may be.] Given under my hand and seal, the day and
year above written.' Justices to or- V. And be it further enacted, That if on hearing any such complaint der Compen- as is herein-before mentioned, the justice of the peace or other magistrate sation to Per
who shall hear the same shall be of opinion that such complaint was sons vexatiously frivolous or vexatious, then and in every such case it shall be lawful for complained
such justice of the peace or other magistrate to order adjudge and direct against.
the person or persons making such complaint, to pay to the party coniplained of, any sum of money not exceeding the sum of twenty shillings, as compensation for the trouble and expence to which such party may have been put to by such complaint; such order or adjudgment to be final between the said parties, and the sum thereby ordered or adjudged to be paid and 'levied in manner as is herein-before provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the
offence herein-before mentioned. Limitation of VI. And be it further enacted by the authority aforesaid, That if any Actions, action or suit shall be brought or commenced against any person or per
sons, for any thing done in pursuance of this Act, it shall be brought or commenced within six calendar months next after every such cause of action shall have accrued, and not afterwards, and shall be brought laid and tried in the county city or place in which such offence shall have been committed, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial or trials to be had thereon, and that the same was done in pursuance and by authority of this Act; and if the same shall appear to have been so done, or if any such action or suit shall not be commenced within the time before limited, or shall be laid or brought in any other county city or place than where the offence shall have been committed, then and in any such case the jury or juries shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his action or actions, or if judgment shall be given for the defendant or defendants therein, then and in any of the cases aforesaid such defendant defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath or may have for his her or their costs in any other cases by law.
Coal Mines. 39 and 40 George III. c. 77.-An Act for the Security of
Collieries and Mines, and for the better Regulation of Colliers and Miners.
[See this Statute in Part V. Class VI. No. LIX.]
Constables.* [ No. I. ] 27 George II. c. 3.-An Act for the better se
curing to Constables and others the Expences of conveying Offenders to Gaol ; and for allowing the Charges
of poor Persons bound to give Evidence against Felons. 27 George II. WHEREAS by an Act passed in the third year of the reign of King
James the First, intituled, An Act for the rating and levying of the 3 Jac. 1.c. 10. • Charges for conveying Malefactors and Offenders to the Gaol, every
• offender so to be conveyed shall bear the charges of himself and of those • who convey him; and if he refuse so to do, his goods within the same county may be distrained and sold to satisfy the same; and if he hath
no goods the constable church wardens and other inhabitants of the pa. 'rish where he was taken shall make a tax on every inhabitant thereof • to pay the said charges: And whereas the taxing the parish where such
offender was taken to pay such charges is a great discouragement to ' parishes to take offenders; and it is also found by experience to be very • difficult to make a rate on the inhabitants to raise such tax, whereby
constables and others are often kept out of their money by them ad'vanced for the service of the public and sometimes lose the same to their
very great injury and vexation;' For remedy whereof, Be it 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 ParliaOffenders not ment assembled, and by the authority of the same, Tbat from and after having suffi- the twenty-fourth day of June one thousand seven hundred and fifty-four, cient,
when any person not having goods or money within the county where he is taken sufficient to bear the charges of himself and of those who convey him is committed to gaol or the house of correction by warrant from any justice or justices of the peace, then on application by any constable
or other officer who conveyed him to any justice of the peace for the same Justices to grant county or place (1.) shall upon oath examine into and ascertain the reaa Warrant on sonable expences to be allowed such constable or other officer, and shall Treasurer of the forthwith without fee or reward by warrant under his hand and seal order County for Pay. the treasurer of the county or place to pay the same, which the said treament of the
surer is hereby required to do as soon as he receives such warrant; and Charges.
any sum so paid shall be allowed in his accounts. Part of 2 Jac. 1. II. And be it further enacted by the authority aforesaid, That from c. 10. repealed. and afier the said twenty-fourth day of June so much of the above
mentioned Act passed in the third year of King James the First as relates to taxing the parish where offenders are taken for defraying the charges
of conveying offenders to gaul shall be repealed. The Charges
III. • And whereas the expence as well as loss of time in attending of Attendance
courts of justice is a discouragement to the poorer sort to appear as witto be allowed nesses against offenders, who thereby escape the public justice and the by the Court to 'punishment due to their crimes:' Be it further enacted by the autho
rity aforesaid, That from and after the said twenty-fourth day of June bound to give when any poor person shall appear on recognizance in any court to give Evidence against Felons.
By St. 13 and 14 Ch. II. c. 12. the Justices See the Statute post. title Poor. in Session, in case of the Death or Removal of a (1.) The Words “ Such Justice" are omitted Constable, are empowered to appoint another. in the Act.
evidence against another accused of any grand or petty larceny or other No. I. felony, it shall and may be in the power of the court, at the prayer and on
27 Geo. II. the oath of such person and on consideration of his circumstances, in open court to order the treasurer of the county or place in which the offence shall have been committed to pay unto such person such sum of money as to the same court shall seem reasonable for his time trouble and expence; which order the proper officer of such court is hereby directed and required to make out and to deliver unto such person upon being 6d. to be paid paid for the same the sum of sixpence and no more; and such treasurer to the Officer is hereby authorised and required upon delivery of such order forthwith for making out to pay such person or other person authorised to receive the same such the Order. suni of money as aforesaid, and shall be allowed the same in his accounts.
IV. Provided always, and it is hereby declared and enacted by the In Middlesex authority aforesaid, That nothing in this Act contained shall extend to the Overseers empower such court or any justice or justices of the peace to make of the Poor to warrants or orders on the treasurer of the county of Middlesex for the pay such payment of the expences of the constable or other officer in conveying Charges. any person to gaol, or for the payment of any person for his time trouble and
expence who shall appear on his recognisance to give evidence as aforesaid ; but that within the said county of Middleser the expences of the constable or other officer, occasioned by his conveying of any person to gaol by virtue of a warrant from any justice or justices of the peace, shall (after such expences have been examined into upon oath and allowed by such justice or justices, and for which no fee or reward shall be taken) be paid by the overseer or overseors of the poor of the parish or place where the said person was apprehended, who is and are hereby authorised and required to pay the same; and the sum or sums so paid shall be allowed in his or their accounts.
[ No. II. ] 18 Geo. III. c. 19.–An Act for the Payment of
Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions ; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and
Prosecutors of any Larceny, or other Felony. WHEREAS by the laws now in being, his Majesty's justices of the 18 George III.
peace are not sufficiently authorised on complaints that come before them out of sessions to award costs against either the person or persons complaining or the person or persons against whom any com• plaint is made as to justice may appertain : May it please your Majesty that it may be enacted, and be it 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 where any complaint shall be made be- Justices, out of fore any of his Majesty's justices of the peace for any county riding di- Session, em vision city town corporate franchise or liberty, and any warrant or sum- powered to mons shall issue in consequence of such complaint, that then it shall and award Costs, may be lawful to and for any justice or justices of the peace, who shall have heard and determined the matter of the said complaint, to award such costs to be paid by either of the parties and in manner and form as to him or them shall seem fit to the party injured: (1.) And in case any person so ordered by the said justice or justices of the peace to pay such sums of money as aforesaid shall not forthwith pay down or give security for the same to the satisfaction of the justice or justices, it shall and may be lawful for the said justice or justices by warrant under his hand and seal or their hands and seals to levy the said sum or sums by dis
(1.) Justices of the Peace may give Costs in all Rex v. Arnold, 5 T. R. 356. See aluo Rex Cases of Convictions, by Stat. 18 Geo. 3. c. 19. Myers, 6 T. R. 237.