« EdellinenJatka »
SUMMARY CONVICTION- continued. 7 & 8 G. 4. m.; notice of such action and the cause c. 30. s.40.
thereof to be given to the defendant 1 cal. m. before the commencement; the defendant may plead the general issue, and give the special matter in evidence at the trial. The plaintiff not to recover if sufficient amends shall be made before action brought, or sufficient money paid into Ct. after action brought. If a verdict for the defendant, or the plaintiff is nonsuited, or discontinue after issue joined, or if on demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover full costs as between attorney and client, and though a verdict shall be given for the plaintiff, he shall not have costs against the defendant, unless the jndge shall shall certify his approbation of the action and
of the verdict. ld. The subjects of summary conviction relating to
injuries to the person, are as follow; 9 G. 4.
Common assaults, 9 Geo.4. c. 31. 26, ante.
Id. p. 14, ante.
and selling corn, &c. Id. p. 15, ante.
the Malicious Injuries Act, see p. 166, ante.
c. 30. s. 25.
either for every time of its commission, or for
off. Id. s. 31.
Injuries Act. 7 & 8 Geo. 4. c. 30.
act, whether punishable by indict. or on sum-
(a) The offender must be found in the actual commission of the offence to justify the apprehension under this clause, and he must be taken directly to the nearest magistrate,
7 & 86.4.
7 G.4. c. cxlii.
fore some near J. P. to be dealt with accord
ing to law. Id. s. 28. of apprehending offenders under the Larceny
act, 7 & 8 Geo. 4. c. 29. Persons found committing an offence under this
act, punishable either by ind. or summary conv. (except only for angling in the daytime) may be immediately apprehended in manner above mentioned, and taken before some near magistrate, to be dealt with as
above. 7 & 8 G. 4. c. 29. s. 63. Of apprehending offenders under the Metropo
litan Road Act, 7 Geo. 4. c. cxlii. Watchmen and supervisors of the watch, when
on duty on the roads, and coming to and going off duty, are to assist all persons passing along the roads or on the footpaths adjoining, who shall be assaulted, attacked or ill treated, and prevent mischiefs by fire, murders, burglaries or robberies, and all outrages, disorders and misd. as well on the roads and foot-paths, as in houses, buildings or grounds by the sides thereof, or near thereto, and for that purpose they may apprehend and secure all night walkers, malefactors,
or the person apprehending him will not be protected by the act. Rer v. Curian, 2 C. & P.
7 G. 4.
C. cxlii. s. 73.
watch have the same powers as constables.
Id. s. 74.
this act, (the Metropolitan Act) and take
Every person acting under this act is entitled to s.180, 181.
30 days' notice of action, to plead the general
7 & 8 G. 4.
c. 30. s. 20. See p. 69, ante.
p. 70, ante.
7 & 8 G. 4. c. 29. p. 185. post. Id. s. 22.
7 & 8 Geo. 4. c. 29.
belonging to a ship or vessel in distress, wrecked, stranded or cast on shore, found in the possession of any person under a search warrant, or on his premises with his knowledge, and such person being taken before a J. P. shall not satisfy the J. that he came lawfully by the same, then the goods, &c. shall be forthwith by order of the J. delivered to the owner, and the off. on conv. of such offence, shall forfeit and pay over and above the value thereof such sum, not ex. 201., as
the J. shall order. Id. s. 19. Seizing wrecked goods exposed to sale.
Goods, merchandize or other articles whatever, which have been unlawfully taken, or even suspected to have been stolen, from any