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as the Justice may direct) of the Parish, Township, or Place in
LXVII. And be it enacted, That in every Case of a summary If a Person Conviction under this Act, where the Sum which shall be forfeited summarily confor the Value of the Property stolen or taken, or for the Amount victed shall not of the Injury done, or which shall be imposed as a Penalty by the pay, &c. the Justice, shall not be paid, either immediately after the Conviction, commit hin. or within such Period as the Justice shall, at the Time of the Conviction, appoint, it shall be lawful for the convicting Justice (unless where otherwise specially directed) to commit the Offender to the Common Gaol or House of Correction, there to be impri- Scale of Imprisoned only, or to be imprisoned and kept to hard Labour, accord- sonment. ing to the Discretion of the Justice, for any Term not exceeding Two Calendar Months, where the Amount of the Sum forfeited, or of the Penalty imposed, or of both the Case may be), to-, gether with the Costs, shall not exceed Five Pounds; and for any Term not exceeding Four Calendar Months, where the Amount, with Costs, shall not exceed Ten Pounds; and for any Term not exceeding Six Calendar Months, in any other Case; the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Amount and Costs. · LXVIII. Provided always, and be it enacted, That where any, Justice may disPerson shall be summarily convicted before a Justice of the Peace charge the of any Offence against this Act, and it shall be a First Conviction, Offender in it shall be lawful for the Justice, if he shall so think fit, to dis certain Cases. ebarge the Offender from his Conviction, upon his making such Satisfaction to the Party aggrieved for Damages and Costs, or either of them, as shall be ascertained by the Justice.
LXIX. And be it enacted, That it shall be lawful for the King's Pardon for Majesty to extend His Royal Mercy to any Person imprisoned Nonpayment by virtue of this Act, although he shall be imprisoned for Non- of Money. payment of Money to some Party other than the Crown.
LXX. And be it enacted, That in case any Person convicted of A summary any Offence punishable upon summary Conviction by virtue of this Conviction shall Act, shall have paid the Sum adjudged to be paid, together with be a Bar to any Costs, under such Conviction, or shall have received a Remission
other Proceedthereof from the Crown, or shall have suffered the Imprisonment Cause.
ing for the same awarded for Nonpayment thereof, or the Imprisonment adjudged in the first Instance, or shall have been discharged from his Conviction in the Manner aforesaid, in every such Case he shall be released from all further or other Proceedings for the same Cause.
Form of Conviction.
LXXI. And be it enacted, That the Justice before whom
[or Riding, • Division, Liberty, City, &c. as the Case may be], A. 0. is con• victed before me J.P. One of His Majesty's Justices of the • Peace for the said County (or Riding, &c.], for that he the said • A. O. did [specify the Offence, and the Time and Place when and • where the same was committed, as the Case may be ; and or a • Second Conviction state the First Conviction]; and I the said J.P. • adjudge the said A. O. for his said Offence to be imprisoned in ( the
(or to be imprisoned in the
[or, I adjudge the said A. O. for his said Offence to forfeit and
[here state the Penalty actually imposed, or state the Penalty, and also the Value of the Articles stolen, or • the Amount of the Injury done, as the Case may be), and also to pay the Sum of
for Costs, and in default • of immediate Payment of the said Sums, to be imprisoned in the
[or, to be imprisoned in the • and there kept to hard Labour] for the Space of • unless the said Sums shall be sooner paid ; [or, and I order that • the said Sums shall be paid by the said A. O. on or before the
]; and I direct that the said Sum 6 of
[i.e. the Penalty only) shall be paid to of
aforesaid, in which the said Offence was committed, to be by him applied according to the Directions of the • Statute in that Case made and provided ; [or, that the said Sum
[i. e. the Penalty) shall be paid to, &c. • [as before), and that the said Sum of
[i.e. the • Value of the Articles stolen, or the Amount of the Injury done] • shall be paid to C. D. (the Party aggrieved, unless he is unknown • or has been examined in proof of the Offence, in which Case state • that Fact, and dispose of the whole like the Penalty, as before]: • and I order that the said Sum of
for Costs shall • be paid to
[the Complainant]. Given under my Hand and Seal, the Day and Year first above mentioned.'
LXXII. And be it enacted, That in all Cases where the Sum adjudged to be paid on any summary Conviction shall exceed Five Pounds, or the Imprisonment adjudged shall exceed One Calendar Month, or the Conviction shall take place before One Justice only, any Person, who shall think himself aggrieved by any such Conviction, may appeal to the next Court of General or Quarter Sessions, which shall be holden not less than Twelve Days after the Day of such Conviction, for the County, Riding, or Division wherein the Cause of Complaint shall have arisen; provided that such Person shall give to the Complainant a Notice in Writing of such Appeal, and of the Cause and Matter thereof, within Three Days after such Conviction, and Seven clear Days
at the least before such Sessions, and shall also either remain in Custody until the Sessions, or enter into a Recognizance with Two sufficient Sureties before a Justice of the Peace, conditioned personally to appear at the said Sessions and to try such Appeal, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall be by the Court awarded; and upon such Notice being given, and such Recognizance being entered into, the Justice, before whom the same shall be entered into, shall liberate such Person if in Custody; and the Court at such Sessions shall hear and determine the Matter of the Appeal, and shall make such Order therein, with or without Costs to either Party, as to the Court shall seem meet; and in case of the Dismissal of the Appeal, or the Affirmance of the Conviction, shall order and adjudge the Offender to be punished according to the Conviction, and to pay such Costs as shall be awarded, and shall, if necessary, issue Process for enforcing such Judgment.
LXXIII. And be it enacted, That on such Conviction or Adju- No Certiorari, dication made on Appeal therefrom shall be quashed for Want &c. of Form, or be removed by Certiorari or otherwise into any of His Majesty's superior Courts of Record; and no Warrant of Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same.
LXXIV. And be it enacted, That every Justice of the Peace, Convictions to before whom any Person shall be convicted of any Offence against be returned to this Act, shall transmit the Conviction to the next Court of Ge- the Quarter
Sessions. neral or Quarter Sessions which shall be holden for the County or Place wherein the Offence shall have been committed, there to be kept by the proper Officer among the Records of the Court; and upon any Indictment or Information against any Per- How far Evi. son for a subsequent Offence, a Copy of such Conviction, cer- Cases. tified by the proper Officer of the Court, or proved to be a true Copy, shall be sufficient Evidence to prove a Conviction for the former Offence, and the Conviction shall be presumed to have been unappealed against, until the contrary be shewn.
LXXV. And, for the Protection of Persons acting in the Exe. Venue, in Procution of this Act, be it enacted, That all Actions and Prosecu- ceedings against tions to be commenced against any Person for any thing done Persons acting
. in pursuance of this Act shall be laid and tried in the County where the fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause Notice of Acthereof, shall be given to the Defendant One Calendar Month at tion. least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this General Issue, Act and the special Matter in Evidence at any Trial to be had &c. thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall
recover his full Costs as between Attorney and Client, and have the like Remedy for the same as any Defendant hath by Law in other Cases ; and though a Verdict shall be given for the Plaintif in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shali be, shall certify his Approbation of the Action, and of the Verdict obtained
thereupon. This Act not to LXXVI. Provided always, and be it enacted, That nothing extend to Scot- in this Act contained shall extend to Scotland or Ireland, except land or Ireland, except in Two as follows ; (that is to say,) that if any Person, having stolen or Cases.
otherwise feloniously taken any Chattel, Money, valuable Security, or other Property whatsoever, in any one Part of the United Kingdom, shall afterwards have the same Property in his Possession in any other part of the United Kingdom, he may be dealt with, indicted, tried, and punished for Larceny or Theft in that Part of the United Kingdom where he shall so have such Property, in the same Manner as if he had actually stolen or taken it in that Part; and if any Person in any one Part of the United Kingdom shall receive or have any Chattel, Money, valuable Security, or other Property whatsoever, which shall have been stolen or otherwise feloniously taken in any other Part of the United Kingdom, such Person knowing the said Property to have been stolen or otherwise feloniously taken, he may be dealt with, indicted, tried, and punished for such Offence in that part of the United Kingdom where he shall so receive or have the said Property, in the same Manner as if it had been originally stolen
or taken in that Part. To extend to LXXVII. And be it enacted, That where any Felony or MisOffences com- demeanor punishable under this Act, shall be committed within mitted at Sea.
the Jurisdiction of the Admiralty of England, the same shall be dealt with, enquired of, tried, and determined in the same Manner as any other Felony or Misdemeanor committed within that Jurisdiction.
CAP. XXX. An Act for consolidating and amending the Laws in England relative to malicious Injuries to Property.
[21st June 1827.
the United Kingdom called England, relative to malicious Injuries to Property, are by an Act
of the present Session of • Parliament repealed, from and after the last Day of June in the ' present Year, except as to Offences committed before or upon • that Day; and it is expedient that the Provisions contained in < those Statutes should be amended and consolidated into this • Act, to take effect at the same Time as the said repealing Act; Be it therefore 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, Commence- and by the Authority of the same, That this Act shall commence ment of Act. on the First Day of July in the present Year. Setting fire to a II. And be it enacted, That if any Person shall unlawfully and Church, Chapel, maliciously set fire to any Church or Chapel, or to any
for the Religious Worship of Persons dissenting from the United House, or cerChurch of England and Ireland, duly registered or recorded, or tain Buildings. shall unlawfully and maliciously set fire to any House, Stable, Coach-house, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or to any Building or Erection used in carrying on any Trade or Manufacture, or any Branch thereof, whether the same or any of them respectively shall then be in the Possession of the Offender, or in the Possession of any other Person, with Intent thereby to injure or defraud any Person, every such Offender shall be guilty of Felony, and, being convicted thereof, shall suffer Death as a Felon.
III. And be it enacted, That if any Person shall unlawfully Destroying and maliciously cut, break, or destroy, or damage with Intent to Silk, Woollen, destroy or to render useless, any Goods or Article of Silk, Wool- Linen or Cot
ton Goods in len, Linen, or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or any or any Ma
the Loom, &c. Framework-knitted Piece, Stocking, Hose, or Lace respectively, chinery belongbeing in the Loom or Frame, or on any Machine or Engine, or on ing to those the Rack or Tenters, or in any Stage, Process, or Progress of Manufactures
, Manufacture; or shall unlawfully and maliciously cut, break, or destroy, or damage with Intent to destroy or to render useless, any Warp or Shute of Silk, Woollen, Linen, or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Loom, Frame Machine, Engine, Rack, Tackle, or Implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such Goods or Articles ; or shall by force enter into any House, Shop, Building, or Place, with
Intent to commit any of the Offences aforesaid, every such Offender shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four Years; and, if a Male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment.
IV. And be it enacted, That if any Person shall unlawfully and Destroying maliciously cut, break, or destroy, or damage with Intent to Threshing Madestroy or to render useless, any Threshing Machine, or any chines, or Ma
chinery in any Machine or Engine, whether fixed or moveable, prepared for or
other Manufacemployed in any Manufacture whatsoever, (except the Manu. ture than the facture of Silk, Woollen, Linen, or Cotton Goods, or Goods of foregoing. any one or more of those Materials. mixed with each other, or mixed with any other Material, or any Framework-knitted Piece, Stocking, Hose, or Lace,) every such Offender shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court
, to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned for any Term not exceeding Two Years; and, if a Male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment.
V. And be it enacted, That if any Person shall unlawfully Setting fire to a and maliciously set fire to any Mine of Coal or Cannel Coal, Coal Mine.