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if a Male, to be once or twice publicly or privately whipped, after the Expiration of Four Days from the Time of such Conviction.
XXIII. And be it enacted, That if any Person shall unlaw- Destroying,&c. fully and maliciously cut, break, throw down, or in anywise any Fence, destroy any Fence of any Description whatsoever, or any Wall, Wall, Stile, or Stile, or Gate, or any Part thereof respectively, every such Offender, being convicted before a Justice of the Peace, shall for
See post, § 32
& 33. the First Offence forfeit and pay, over and above the Amount of the Injury done, such Sum of Money, not exceeding Five Pounds, as to the Justice shall seem meet; and if any Person so convicted shall afterwards be guilty of any of the said Offences, and shall be convicted thereof in like Manner, every such Offender shall be committed to the Common Gaol or House of Correction, there to be kept to hard Labour for such Term, not exceeding Twelve Calendar Months, as the convicting Justice shall think fit; and if such subsequent Conviction shall take place before Two Justices, they may further order the Offender, if a Male, to be once or twice publicly or privately whipped, after the Expiration of Four Days from the Time of such Conviction.
XXIV. And be it enacted, That if any Person shall wilfully Persons comor maliciously commit any Damage, Injury, or Spoil to or upon mitting Daany Real or Personal Property whatsoever, either of a public or
any private Nature, for which no Remedy or Punishment is herein.
any Case not before provided, every such Person, being convicted thereof previously before a Justice of the Peace, shall forfeit and pay such Sum of provided for, Money as shall appear to the Justice to be a reasonable Com- may be comp-/pensation for the Damage, Injury, or Spoil so committed, not
led by a Justice exceeding the Sum of Five Pounds; which Sum of Money shall,
to pay Compensin the Case of private Property, be paid to the Party aggrieved, ceeding 51. except where such Party shall have been examined in proof of the Offence; and in such Case, or in the Case of Property of a public Nature, or wherein any public Right is concerned, the Money shall be applied in such Manner as every Penalty imposed by a Justice of the Peace under this Act is hereinafter directed to be applied ; and if such Sum of Money, together Application of with Costs (if ordered), shall not be paid either immediately the Money after the Conviction, or within such Period as the Justice shall at awarded. the Time of the Conviction appoint, the Justice may co.nmit the See post, $ 32. Offender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, as the Justice shall think fit, for any Term not exceeding Two Calendar Months, unless such Sum and Costs be sooner paid : Provided always, that nothing herein contained Proviso. shall extend to any Case where the Party trespassing acted under a fair and reasonable Supposition that he had a Right to do the Act complained of, nor to any Trespass, not being wilful and malicious, committed in hunting, fishing, or in the Pursuit of Game, but that every such Trespass shall be punishable in the same Manner as before the passing of this Act.
XXV. And be it enacted, That every Punishment and For- Malice against feiture by this Act imposed on any Person maliciously com- the Owner net mitting any Offence, whether the same be punishable upon Indict. essential to any
Offence under ment or upon summary Conviction, shall equally apply and be
this Act. enforced, whether the Offence shall be committed from Malice
Persons in the
conceived against the Owner of the Property in respect of which
it shall be committed, or otherwise. Principals in
XXVI. And be it enacted, That in the Case of every Felony the Second punishable under this Act, every Principal in the Second Degree, Degree, and
and every Accessory before the Fact, shall be punishable with Accessories.
Death or otherwise, in the same Manner as the Principal in the First Degree is by this Act punishable; and every Accessory after the fact to any Felony punishable under this Act shall, on
Conviction, be liable to be imprisoned for any Term not exceedAbettors in ing Two Years; and every Person who shall aid, abet, counsel, or Misdemeanors. procure the Commission of any Misdemeanor punishable under
this Act, shall be liable to be indicted and punished as a Principal
Offender. The Court may,
XXVII. And be it enacted, That where any Person shall be for all offences convicted of any indictable Offence punishable under this Act, within this Act, for which Imprisonment may be awarded, it shall be lawful for Labour or soli- the Court to sentence the Offender to be imprisoned, or to be tary Confine
imprisoned and kept to hard Labour, in the Common Gaol or House of Correction, and also to direct that the Offender shall be kept in solitary Confinement for the Whole or any Portion or Portions of such Imprisonment, or of such Imprisonment with hard Labour, as to the Court in its Discretion shall seem meet.
XXVIII. And, for the more effectual Apprehension of all Act of commit- Offenders against this Act, be it enacted, That any Person ting any of
found committing any Offence against this Act, whether the fence may be apprehended
same be punishable upon Indictment or upon summary Convic. without a War- tion, may be immediately apprehended, without a Warrant, by
any Peace Officer, or the owner of the Property injured, or his Servant, or any Person authorized by him, and forthwith taken before some neighbouring Justice of the Peace, to be dealt with
according to Law. Limitation as to
XXIX. And be it enacted, That the Prosecution for every summary Pro- Offence punishable on summary Conviction under this Act shall ceedings. be commenced within Three Calendar Months after the ComCompetency of mission of the Offence, and not otherwise; and the Evidence of
the Party aggrieved shall be admitted in proof of the Offence, and also the Evidence of any Inhabitant of the County, Riding, or Division in which the Offence shall have been committed, notwithstanding any Forfeiture or Penalty incurred by the Offence may be payable to the general Rate of such County,
Riding, or Division.” Mode of com
XXX. And, for the more effectual Prosecution of all Offences pelling the Ap- punishable on summary Conviction under this Act, be it enacted, pearance of
That where any Person shall be charged on the Oath of a credible Persons punish- Witness before any Justice of the Peace with any such Offence,
the Justice may summon the Person charged to appear at a Time and Place to be named in such Summons; and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person, by delivering the same to him personally, or by leaving the same at his usual Place of Abode,) the Justice may either proceed to hear and determine the Case ex parte, or issue his Warrant for apprehending such Person and bringing him before himself or some other Justice of the Peace ; or the Justice before whom the Charge shall be made may (if
able on sum
pun ou sum
he shall so think fit), without any previous Summons (unless where otherwise specially directed), issue such Warrant; and the Justice, before whom the Person charged shall appear or be brought, shall proceed to hear and determine the Case.
XXXI. And be it enacted, That where any Offence is by this Abettors in Act punishable on summary Conviction, either for
ishable its Commission, or for the First and Second Time only, or for the
mary ConvicFirst Time only, any Person who shall aid, abet, counsel, or tion. procure the Commission of such Offence, shall, on Conviction before a Justice of the Peace, be liable, for every First, Second, or subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a Principal Offender is by this Act made liable. XXXII. And, with regard to the Application of all Forfeitures Application of
Forfeitures and and Penalties upon summary Convictions under this Act, be it
Penalties upon enacted, That every Sum of Money which shall be forfeited for
summary the Amount of any Injury done (such Amount to be assessed in victions. each Case by the convicting Justice) shall be paid to the party aggrieved, if known, except where such Party shall have been examined in proof of the Offence, and in that Case, or where the Party aggrieved is unknown, such Sum shall be applied in the same Manner as a Penalty; and every Sum which shall be imposed as a Penalty by any Justice of the Peace, whether in addition to such Amount or otherwise, shall be paid to some one of the Overseers of the Poor, or to some other Officer (as the Justice may direct) of the Parish, Township, or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate, whether the same shall or shall not contribute to such general Rate: Provided always, that where several Persons shall join in Proviso. the Commission of the same Offence, and shall, upon Conviction thereof, each be adjudged to forfeit a Sum equivalent to the Amount of the Injury done, in every such Case no further Sum shall be paid to the Party aggrieved than that which shall be forfeited by One of such Offenders only; and the corresponding Sum or Sums forfeited by the other Offender or Offenders shall be applied in the same Manner as any Penalty imposed by a Justice of the Peace is hereinbefore directed to be applied. XXXIII. 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 con
victed shall not for the Amount of the Injury done, or which shall be imposed as
pay, &c., ihe a Penalty by the Justice, shall not be paid, either immediately Justice may after the conviction, or within such Period as the Justice shall, commit lum. at the Time of the Conviction, appoint, it shall be lawful for the Scale of Imconvicting Justice (unless where otherwise specially directed) to prisonment. commit the Offender to the Common Goal or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, according 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 (as the Case may be), together 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. The Justice XXXIV. Provided always, and be it enacted, That where any may discharge Person shall be summarily convicted before a Justice of the Peace the Offender in
any Offence against this Act, and it shall be a First Conviction, certain Cases.
it shall be lawful for the Justice, if he shall so think fit, to discharge 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. Pardon for XXXV. And be it enacted, That it shall be lawful for the King's Nonpayment of Majesty to extend his Royal Mercy to any Person imprisoned by Money. virtue of this Act, although he shall be imprisoned for Nonpay
ment of Money to some Party other than the Crown. A summary
XXXVI. And be it enacted, That in case any Person convicted Conviction of any Offence punishable upon summary Conviction by virtue shall be a Bar of this Act shall have paid the Sum adjudged to be paid, togeto any other Proceeding for
ther with Costs, under such Conviction, or shall have received a the same Cause. Remission thereof from the Crown, or shall have suffered the
Imprisonment 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 Con
XXXVII. And be it enacted, That the Justice before whom victiou. any Person shall be convicted of any Offence against this Act
may cause the Conviction to be drawn up in the following Form
in the Year of our Lord
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 on
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 pay
[here state the Penalty actually imposed, or state the Penalty, and also 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
[i. e. the Penalty only) shall be paid to of
aforesaid, in which the said Of• fence 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 of
[i. e. the Penalty] shall be • paid to, &c. as before,] and that the said Sum of
[i. e. the Sum for 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.'
XXXVIII. And be it enacted, That in all Cases where the Sum Appeal.
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.
XXXIX. And be it enacted, That no 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
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.
XL. 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 the Quarter General or Quarter Sessions which shall be holden for the County
Sessions. or Place wherein the Offence shall have been committed, there to