The Justice may discharge

certain Cases.

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.

XXXIV. Provided always, and be it enacted, That where any Person shall be summarily convicted before a Justice of the Peace the Offender in of any Offence against this Act, and it shall be a First Conviction, 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 virtue of this Act, although he shall be imprisoned for Nonpayment of Money to some Party other than the Crown.

Money.

A summary Conviction shall be a Bar to any other Proceeding for the same Cause.

Form of Conviction.

of

XXXVI. And be it enacted, That in case any Person convicted any Offence punishable upon summary Conviction by virtue of this Act shall have paid the Sum adjudged to be paid, together with Costs, under such Conviction, or shall have received a 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.

XXXVII. And be it enacted, That the Justice before whom any Person shall be convicted of any Offence against this Act may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as the Case shall require; videlicet,

Riding, Division, Liberty, City, &c., as the Case may be], A.0. is convicted 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 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

and there kept to hard Labour] for the Space of [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

6

[or to be imprisoned in the

to hard Labour] for the Space of

and there kept

unless

the said Sums shall be sooner paid; [or, and I order that the

said Sums shall be paid by the
Day of

said A. O. on or before the

]; and I direct that the said

• Sum

'Sum of

of

[i. e. the Penalty only] shall be paid to
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 [the Complainant]. Given under my Hand and Seal, the Day and Year first above mentioned.'

' paid to

XXXVIII. And be it enacted, That in all Cases where the Sum Appeal. 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.

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 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.

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 Sessions. General or Quarter Sessions which shall be holden for the County or Place wherein the Offence shall have been committed, there to

be

How far Evi

Cases.

be kept by the proper Officer among the Records of the Court; and upon any Indictment or Information against any Person for dence in future a subsequent Offence, a Copy of such Conviction, certified 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.

Venue, in Pro- XLI. And, for the Protection of Persons acting in the Execution ceedings against of this Act, be it enacted, That all Actions and Prosecutions to Persons acting be commenced against any Person for any thing done in pursuance under this Act. of this Act shall be laid and tried in the County where the Fact 9B.te.807 was committed, and shall be commenced within Six Calendar

Notice of
Action.

General Issue, &c.

Not to extend to Scotland or Ireland.

To extend to Offences committed at Sea.

Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this. Act and the special Matter in Evidence at any Trial to be had 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 Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained there

upon.

XLII. Provided always, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland.

XLIII. And be it enacted, That where any Felony or Misdemeanor punishable under this Act shall be committed within 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. XXXI.

An Act for consolidating and amending the Laws in England relative to Remedies against the Hundred.

W

[21st June 1827.]

HEREAS it is expedient that the several Statutes now in force in that Part of the United Kingdom called England relative to Remedies against the Hundred for the Damage occasioned by Persons riotously and tumultuously assembled, should be amended, and consolidated into One Act; and with that View the said Statutes are, by an Act of the ⚫ present Session of Parliament, repealed, from and after the last • Day

4

'Day of June in the present Year, except as to Offences and other Matters committed or done before or upon that Day;' 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 Paliament assembled, and by the Authority of the same, That this Act shall commence on the First Day of July in the present Year.

II. And be it enacted, That if any Church or Chapel, or any Chapel for the Religious Worship of Persons dissenting from the United Church of England and Ireland, duly registered or recorded, or any House, Stable, Coachhouse, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or any Building or Erection used in carrying on any Trade or Manufacture, or Branch thereof, or any Machinery, whether fixed or moveable, prepared for or employed in any Manufacture, or in any Branch thereof, or any Steam Engine or other Engine for sinking, draining, or working any Mine, or any Staith, Building, or Erection used in conducting the Business of any Mine, or any Bridge, Waggon-way or Trunk for conveying Minerals from any Mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any Persons riotously and tumultuously assembled together, in every such Case the Inhabitants of the Hundred, Wapentake, Ward, or other District in the Nature of a Hundred, by whatever Name it shall be denominated, in which any of the said Offences shall be committed, shall be liable to yield full Compensation to the Person or Persons damnified by the Offence, not only for the Damage so done to any of the Subjects hereinbefore enumerated, but also for any Damage which may at the same Time be done by any such Offenders to any Fixture, Furniture, or Goods whatever, in any such Church, Chapel, House, or other of the Buildings or Erections aforesaid.

Party damni

fied to comply

with certain Conditions.

3B.

ad.

550

III. Provided always, and be it enacted, That no Action or summary Proceeding, as hereinafter mentioned, shall be maintainable by virtue of this Act, for the Damage caused by any of the said Offences, unless the Person or Persons damnified, or such of them as shall have Knowledge of the Circumstances of the Offence, or the Servant or Servants who had the Care of the Property damaged, shall within Seven Days after the Commission of the Offence go before some Justice of the Peace residing near and having Jurisdiction over the Place where the Offence shall have been committed, and shall state upon Oath before such Justice the Names of the Offenders if known, and shall submit to the Examination of such Justice touching the Circumstances of the Offence, and become bound by Recognizance before him to prosecute the Offenders when apprehended: Provided also, that no Person shall Limitation of be enabled to bring any such Action, unless he shall commence Time for the same within Three Calendar Months after the Commission of Actions. the Offence.

Inhabitant

Process in the Action against the Hundred to be served on

IV. And be it enacted, That no Process for Appearance in any Action to be brought by virtue of this Act against any Hundred or other like District shall be served on any thereof, except on the High Constable, or some One of the High Constables (if there be more than One), who shall within Seven stable, who may Days after such Service give Notice thereof to Two Justices of defend, or let

the

the High Con

Judgment go by Default, as advised.

Inhabitants of the Hundred competent Witnesses.

If Plaintiff recovers, the

Sheriff on Receipt of the Writ of Execution, shall make

out a Warrant directing the Treasurer of the County to pay the

Amount.

Mode of reimbursing the High Consta

ble for his Expences in de

tion, &c.

the Peace of the County, Riding, or Division in which such Hundred or District shall be situate, residing in or acting for the Hundred or District; and such High Constable is hereby empowered to cause to be entered an Appearance in the said Action, and also to defend the same on behalf of the Inhabitants of the Hundred or District, as he shall be advised; or, instead of defending the same, it shall be lawful for him, with the Consent and Approbation of such Justices, to suffer Judgment to go by Default; and the Person upon whom, as High Constable, the Process in the Action shall be served shall, notwithstanding the Expiration of his Office, continue to act for all the Purposes of this Act until the Termination of all Proceedings in and consequent upon such Action; but if such Person shall die before such Termination, the succeeding High Constable shall act in his Stead.

V. And be it enacted, That in any Action to be brought by virtue of this Act against the Inhabitants of any Hundred or other like District, or against the Inhabitants of any County of a City or Town, or of any such Liberty, Franchise, City, Town, or Place, as is hereinafter mentioned, no Inhabitant thereof shall, by reason of any Interest arising from such Inhabitancy, be exempted or precluded from giving Evidence either for the Plaintiff or for the Defendants.

VI. And be it enacted, That wherever the Plaintiff in any such Action shall recover Judgment, whether after Verdict or by Default or otherwise, no Writ of Execution shall be executed on any Inhabitant of the Hundred or other like District, nor on such High Constable; but the Sheriff, upon the Receipt of the Writ of Execution, shall (on Payment of the Fee of Five Shillings and no more) make his Warrant to the Treasurer of the County, Riding, or Division in which such Hundred or other like District shall be situate, commanding him to pay to the Plaintiff the Sum by the said Writ directed to be levied, and such Treasurer is hereby required to pay the same, as also any other Sum ordered to be paid by him by virtue of this Act, out of any Public Money which shall then be in his Hands, or shall come into his Hands before the next General or Quarter Sessions of the Peace for the said County, Riding, or Division; and if there be not sufficient Money for that Purpose before such Sessions, he shall give Notice thereof to the Justices of the Peace at such Sessions, who shall proceed in the Manner hereinafter mentioned.

VII. And, for the Purpose of indemnifying the High Constable and the County Treasurer, be it enacted, That if such High Constable of the Hundred or other District sued shall produce and prove before any Two Justices of the Peace of the County, Riding, or Division, residing in or acting for such Hundred or District, an fending the Ac- Account of the just and necessary Expences which he shall have incurred in consequence of any such Action as aforesaid, such Justices shall make an Order for the Payment thereof upon Treasurer of the County, Riding, or Division in which such Hundred or District shall be situate; and if in any such Action Judgment shall be given against the Plaintiff, the High Constable shall in like Manner be reimbursed for the just and necessary Expences by him incurred in consequence of such Action, over and above the taxed Costs to be paid by the Plaintiff in such

the

Case;