Sivut kuvina

7&8G. 4. c. 31.



churches and chapels, or property belonging
to corporations, see the act, s. 11.

Proceedings where the damage does not exceed 301.
Summary Proceeding.

No person can commence an action agt. the hundred, or other like district, where the damage does not exceed £30, but the party damnified must within 7 days after the off. comm. give notice in writing of his claim for compensation to the high const. (a) or some one of such const. (if there is more than one,) of the hundred or district in which the off. is comm. The high const. must then within 7 days after receipt of the notice exhibit the same to 2 Js. of the co. residing near or acting for the hundred, &c. and they are thereupon to appoint a special p. sess. of all the Js. of the co. &c. to be held within not less than 20 nor more than 30 days after exhibition of such notice for the purpose of hearing and determining such claim on account of such damage, &c. The high const. is within 3 days after such appointment to give notice in writing to the claimant of the day, hour, and place of holding the sp. p. sess. and is within 10 days to give the like

(a) According to the form set forth in the schedule to the act.


c. 31.

notice to all the Js. acting for the hundred 7 & 8 G. 3. or district, and the claimant is required to place notice in writing (a) on the church or chapel door or other conspicuous part of the parish church in which such damage has been comm. on two Sundays preceding the day of holding the sp. p. sess. Id. s. 3. The Js. not being less than two, at such p. sess. s. 9. or any adjournment thereof, are to hear and examine on oath or affirmation the claimant and any inhabitant of the hundred, &c. and their witnesses, as to the damage sustained; and the said Js. or the major part of them, if they shall find that the claimant has sustained any damage by the means aforesaid, shall make an order for payment of the amount to him, together with reasonable costs, and also an order for payment of the costs of the high const. or inhabitants upon the treasurer of the co. &c. who is to pay the same, and charge the same in manner before mentioned, (s. 7. p. 75, ante.) Id. s. 9.

For cases which do not exceed £30, and those which exceed that sum, see 3. 1. 5. 11. 12. 14 and 15. p. 75, ante.

(a) According to the form set forth in the schedule of this act.


7 & 8 G.4. c. 28.

60 G. 3.

& 1 G. 4. c. 4.


Plea of not guilty and traverse.

Where a person not having the privilege of peerage is arraigned on any ind. for treason, fel. or piracy, and shall plead n. g. he shall without further form be deemed to have put himself upon the country for trial, and the Ct. shall order a jury to try him accordingly. 7 & 8 Geo. 4. c. 28. s. 1.

Any person prosecuted in the K. B. (or Dub

lin) for any misd. either by inf. or indict. removed into that Ct. and shall appear in term, shall not imparle, but shall plead or demur in four days from the time of appearance. 60 Geo. 3. and 1 Geo. 4. c. 4. In default of appearance, or pleading, or demurring as aforesaid, judg. may be entered against defendants as for want of a plea. Id. In case defendant appears by his clerks in Ct. he shall not imparle to the following term, but a rule to plead may forthwith be given, and a plea or demurrer enforced or judgment entered thereupon in the same manner as might have been done before the passing of this act, in cases where defendant had appeared by his clerk in Ct. or attorney. Id.


and 1 G.4.

The Ct. or Judge may, if sufficient cause is 60 G. 3. shewn, allow further time to plead or demur. Id. s. 2.

c. 4.

Where any person prosecuted for any misd. by s. 3.
indict. at any sessions of the peace, or of
O. and T. or gt. sess. or sess. of gaol del.
in Gt. Brit. or Irel. and comm. or held to
bail 20 days at least before the sess. at which
the ind. shall be found, he shall plead (a)
and the trial shall proceed thereupon, unless
removed by certiorari. Id. s. 3.

The certiorari may issue as well before ind. s. 4.
found as after. Id. s. 4.

If the defendant has not been comm. or held s. 5.

to bail for 20 days, or had notice to appear
at a subsequent sess. he shall plead and try
at that sess. Id. s. 5.

In cities and towns corporate, ind. may be re- s. 6.
moved into the adjoining co. under 38 G. 3.

c. 52. and tried there under this act. Id.
s. 6.

The Ct. may upon sufficient cause shewn, allow s. 7.
further time (b) for pleading or for the trial.
Id. s. 7.

(a) In misd. the defendant has no right to traverse till the next sess. if he has been in custody or out on bail for twenty days or more.

(b) Where a defendant has been held to bail, or comm. for

60 G. 3. and 1 G. 4. c. 4. s. 7.

9 G. 4.

c. 8.


In all prosecutions for misd. by the Attorney or Solicitor General, the Ct. shall, if required, direct a copy of the ind. or inf. to be given after appearance to the defendant, his clerk in Ct. or attorney free of expence,

And if the prisoner shall not be brought to

trial within 12 cal. m. after a plea of not

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guilty, the party may (after 20 days' notice to the Attorney or Solicitor General), apply to the Ct. who may (if they see just cause to do so), authorise the defendant to bring on the trial, unless a nolle prosequi is entered. Id.

But not to extend to prosecutions by inf. in the nature of quo warranto nor for non-repair of any bridge or highway. Id...


The venue in cases of murder and manslaughter. Where a person being feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England, shall die of such stroke, &c. in England, or being so stricken, &c. at any place in England, shall

die of such stroke, &c. upon the sea, or at

more than 20 days on a charge of fel. and the bill before the grand jury is returned "no true bill," but a bill for a misd. in attempting fel. is found, the defendant is entitled to traRex v. James, 3 Car. & P. 222.


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