Sivut kuvina

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.
Assaults on seamen to prevent their working.

Id. p. 14, ante.
Assaults to prevent the free passage, buying

and selling corn, &c. Id. p. 15, ante.
For the mode of proceeding before justices,

the Malicious Injuries Act, see p. 166, ante.

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c. 31.

Every pen. and for. to be imposed for maliciously 7&8 G.4.

c. 30.
comm. an off. under this act, whether punish-
able upon indict. or summary proceeding shall
equally apply to be enforced, whether the off.
is comm. from malice against the owner of
property, in respect of property of which it
shall be comm. or otherwise. 7 & 8 Geo. 4.

c. 30. s. 25.
Where an off. is punishable on summary conv. s. 3).

either for every time of its commission, or for
the 1st and 2nd time only, or for the 1st time
only, any person aiding or abetting, &c. shall
on conv. before a J. P. be liable for any 1st,
2nd or subsequent off. of aiding, &c. to the
the same, forf. and pun. to which a person
guilty of a 1st, 2nd, or subsequent as a prin.

off. Id. s. 31.
Of apprehending offenders under the Malicious

Injuries Act. 7 & 8 Geo. 4. c. 30.
Any person found comm. an off. against this s. 23.

act, whether punishable by indict. or on sum-
mary conv., may be apprehended without a
warrant by any peace officer, or the owner of
the property injured, or his servant, or any
person authorized by him, (a) and taken be-

(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.

c. 30.

c. 29.

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.

rogues, vagabonds and other disorderly per-

7 G. 4.

c. cxlii.
sons found loitering, wandering, misbehaving,
or committing any disorder or offence on
such roads, or refusing to give a good ac-
count of themselves, or whom they shall have
goods reason to suspect of any evil intentions
or designs, and search any such person, or
the loading of any horse, ass, mule, cart or
other carriage which they suspect to have
any stolen goods thereon or therein, and
confine and secure every such person, and
such horse, &c. until he can be conveniently
taken before a J. P., and all persons are re-
quired by this act to aid and assist such
watchmen, &c. in securing offenders. 7G.4.

C. cxlii. s. 73.
All such watchmen and supervisors of the s. 74.

watch have the same powers as constables.

Id. s. 74.
Any person may apprehend offenders against s. 155.

this act, (the Metropolitan Act) and take
them to a constable or peace officer. Id.

s. 155.

Every person acting under this act is entitled to s.180, 181.

30 days' notice of action, to plead the general
issue and tender amends, and all actions must
be commenced within 3 m. Id. s. 180, 181.

7 & 8 G. 4.

c. 30.

s. 11.

s. 22.

c. 29.

s. 19.

Destroying trees of the value of ls. 7 & 8G.4.

c. 30. s. 20. See p. 69, ante.
Vegetables, &c. in gardens. Id. s. 21. See

p. 70, ante.
The like not in gardens, the same pun. as s. 43,

7 & 8 G. 4. c. 29. p. 185. post. Id. s. 22.
Petty trespasses. See p. 181, post.
Fences. Id. s. 23, p. 54, ante.
Larcenies——the subject of summary conviction.

7 & 8 Geo. 4. c. 29.
Offences relating to wrecked goods. Id.
Goods, merchandizes, or goods of any kind

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

S. 20.

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