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9 G. 4. c. 31.
With intent to murder, fel. pun. D.
9 G. 4.
c. 31. s. 11. See Injuries to the Person, p. 89, ante.
Assault, common, and injuries to the person,
Mode of proceeding by summons and warrant.
(a) That is, any offence under the 9 Geo. 4. c. 31., the Injuries to the Person Act.
SUMMARY CONVICTION—continued. Prosecutions for any off. punishable on summary conv., must be commenced within three cal. m. after the commission of the off. Id. s. 34.
9 G 4.
s. 27, 28,
The form of conv. is given by the stat. Id. s. 35. s.35.
9 G. 4. c. 31. s. 27, 28, 29.
See Assault, p. 11, ante.
In Malicious Injuries.
Assault on seamen to prevent their working. s. 26. 9 Geo. 4. c. 31. s. 26. See Assault, p. 14,
To prevent the free passage of grain, goods, &c.
pun. Id. See Assault, p. 15, ante. The comm. for any offence punishable by sum- 7&8 G. 4. mary conv. under 7 & 8 Geo. 4. c. 30. must be commenced within 3 cal. m. after the offence comm. and the evidence of the party aggrieved shall be admitted in proof of the offence; also the evidence of any inhabitant of the co. &c. in which the off. shall have been comm. 7 & 8 Geo. 4. c. 30. s. 20.
7 & 8 G. 4. c. 30.
(a) If the party appears, though the service has been irregular, the irregularity is cured by appearance, and the J. may proceed.
(b) The power to issue a warrant, depends on the regularity of the service of the summons; if the party has been summoned, and does not appear, the J. should examine the person who served the summons upon oath, of the due service of it, and make a record of the evidence, as it should be set out in the conviction.
(a) Where the offence is fel. the J. has the power to issue a warrant to apprehend the party charged, but in case of misd. the usual course is to issue a summons, unless a power to apprehend is specially given to the J. by stat. The power of issuing a warrant in the first instance, should be exercised with discretion, and it should only be resorted to in flagrant
the party charged shall appear or be brought, 7 & 8 G. 4. shall proceed to hear and determine the case.
7 & 8 Geo. 4. c. 30. s. 30.
Application of penalties, &c. with regard to the apropriation of all forfeitures and pen. upon summary conv. under both these stats.
Every sum of money which shall be forfeited for s. 32.
the same offence, and upon conv. each shall
cases, or where the offender is likely to abscond, and it must be on oath of a credible witness.
7 & 8 G. 4. c. 30.
CONVICTION-continued. no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of the offs. only, and the corresponding sum forfeited by the other offs. shall be applied in the same manner as any pen. imposed by a J. P. as before directed. (a) Id. s. 32.
Persons convicted not paying forfeitures and pe-
In every case of such summary conv. where the
(a) That is, to the overseer of the poor of the parish, to be by him paid over to the use of the county rate.