Sivut kuvina

SUMMARY CONVICTION-continued. the party charged shall appear or be brought, 7& 8 G.4.

c. 30. shall proceed to hear and determine the case.

7 & 8 Geo. 4. c. 30. s. 30. Application of penalties, &c. with regard to the

apropriation of all forfeitures and pen. upon

summary conv. under both these stats.
Every sum of money which shall be forfeited for s. 32.

the amount of any injury done, such amount
to be assessed in each case by the convicting
J. and shall be paid to the party aggrieved, if
known, except where the party shall be ex-
amined in proof of the offence, and in that
case, or where the party aggrieved is un-
known, the same shall be applied in the same
manner as a pen.; and every sum imposed
as a pen., whether in add. to such amount o.
otherwise, shall be paid to the overseers of
the poor, or other officer (as the J. shall
direct, of the parish or place, &c. where the
off. was comm. to be by him paid over to the

use of the general co. rate. Id. s. 32. Where there are several offs, in the same off. Where several persons join in the commission of

the same offence, and upon conv. each shall
be adjudged to forfeit a sum equivalent to the
amount of the injury done, then in such case

cases, or where the offender is likely to abscond, and it must be on oath of a credible witness.

7 & 8 G. 4,

c. 30.

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s. 33.


no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of the offs. only, and the corresponding sum forfeited by the other offs. shall be applied in the same manner as any pen. imposed by a J. P. as before directed. (a) Id.

32. Persons convicted not paying forfeitures and pe

nalties. In every case of such summary conv. where the

sum forfeited for the injury done, or which shall be imposed as a pen. by the J. shall not be paid either immediately after conv. or or within such time as the J. shall appoint, the convicting J. shall (unless where otherwise specially directed,) com. the offr. to the com. g. or h. c. to be Impr. only, or Impr. with H. L. at his disc, not ex. 2 cal. m, where the amount of the sum forfeited or pen. imposed, or of both, (as it may be,) together with costs, shall not ex. 51. and for any term not ex. 4 cal. m., where the amount with costs shall not ex. 101., and for any term not ex. 6 cal. in


other case; the comm. to be determinable in each of the said cases


(a) That is, to the overseer of the poor of the parish, to be by him paid over to the use of the county rate.

c. 39.


upon payment of the amount and costs. 7& 8 G.4.

Id. s. 33.
When the justice may, on summary conviction,

discharge the party accused.
Where a person is summarily conv. before a s. 34.

J. P. of any offence against this act, and it
shall be a first conv. the J. if he thinks fit,
may discharge the off. from his conv. upon
his making satisfaction to the party aggrieved,
for damages and costs, or either, to be ascer-

tained by the J. Id. s. 34.
Respecting pardon.
The king may pardon any person Impr. under s. 35.

this act, although he shall be Impr. for non-
payment of money to a party other than the

Id. s. 35.
Summary conviction a bar to further proceedings.
In case any person conv. of an off. under this s. 36.

act, pun. upon summary conv. shall have paid
the sum adjudged to be paid with costs un-
der such conv. or shall have received a remis-
sion thereof from the crown, or shall have
suffered the Impr. awarded for non-payment
or the Impr. adjudged in the first instance,
or shall have been discharged from his conv.
as above, (s. 35.) in every such case he shall
be released from all further proceedings for
the same cause. Id. s. 36.




The form of conv. is given by the stat.

7 & 8 G.4.


c. 30.

$. 37.

S. 38.

Appeal against summary conviction.
In all cases where the sum adjudged shall ex.

51. or the Impr. shall ex. one cal. m. or the
cony. takes place before one J. P. only, the
party aggrieved may appeal to the next Ct.
of general or quarter sessions, holden not less
than 12 days after the day of conv. for the
co. &c. where the cause of complaint shall

arise. Id. s. 38. The party aggrieved must give to the complain

ant a notice in writing of the appeal, and of the
cause and matter thereof, in the three days
after conv. and seven clear days before the
sessions, and shall also either remain in cus-
tody until the sessions, or enter into a re-
cognizance with two sureties conditionally to
appear at the sessions, try the appeal, and
abide the judgment of the Ct. and pay costs

Upon notice being given and recognizance so

entered into, the J. may liberate the party

out of custody. Id. The Ct. shall hear and determine the appeal,

and make such order, with or without costs, as the Ct. shall think fit; and in case of dismissal of the appeal, or affirmance of the SUMMARY CONVICTION-continued. conv., the Ct. may order and adjudge the 7 & 8 G.4.

c. 30. s.38. off. to be pun. according to the conv. and pay costs awarded, and if necessary issue

process to enforce the judgment. Id.
Conviction not to be quashed for want of form.
No conv. or adjudication on appeal shall be s. 39.

quashed for want of form, or removed by cer-
tiorari, and no warrant of comm. shall be
void by reason of any defect, if it be there
alleged that the party has been conv. and

there is a good and valid conv. Id. s. 39.
Justices to return Convictions.
Justices of the peace are to transmit conv. to s. 40.

the next Ct. of G. or Q. Sess, for the co. &c.

Id. s. 40.
What is proof of a conv. for a subsequent off.
Upon indict. or infor, for a subsequent off. a

copy of such conv. certified by the officer of
the Ct. or proved to be a true copy, is suffi-
cient evidence to prove a conv. for the former
off., and the conv. shall be presumed to have
been unappealed against until the contrary is

shewn. Id.
Limitation of actions, &c.
All actions and prosecutions brought against any

person for any thing done in pursuance of this
act are to be laid and tried in the co. where the
fact was comm. and commenced within 6 cal.

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