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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.
the amount of any injury done, such amount
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
cases, or where the offender is likely to abscond, and it must be on oath of a credible witness.
7 & 8 G. 4,
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.
upon payment of the amount and costs. 7& 8 G.4.
Id. s. 33.
discharge the party accused.
J. P. of any offence against this act, and it
tained by the J. Id. s. 34.
this act, although he shall be Impr. for non-
Id. s. 35.
act, pun. upon summary conv. shall have paid
SUMMARY CONVICTION- continued.
The form of conv. is given by the stat.
7 & 8 G.4.
Appeal against summary conviction.
51. or the Impr. shall ex. one cal. m. or the
arise. Id. s. 38. The party aggrieved must give to the complain
ant a notice in writing of the appeal, and of the
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.
quashed for want of form, or removed by cer-
there is a good and valid conv. Id. s. 39.
the next Ct. of G. or Q. Sess, for the co. &c.
Id. s. 40.
copy of such conv. certified by the officer of
person for any thing done in pursuance of this