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upon payment of the amount and costs. 7& 8G.4.
Id. s. 33.
discharge the party accused.
J. P. of any offence against this act, and it
tained by the J. Id. s. 34.
this act, although he shall be Impr. for non-
money to a party other than the
Id. s. 35.
act, pun. upon summary conv. shall have paid
The form of conv. is given by the stat.
7 & 8 G.4. c. 30.
Appeal against summary conviction.
51. or the Impr. shall ex. one cal. m. or the
arise. Id. s. 38. The party aggrieved must give to the complain
ant a notice in writing of the appeal, and of the cause and matter thereof, in the three days after conv. and seven clear days before the sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sureties conditionally to appear at the sessions, try the appeal, and abide the judgment of the Ct. and pay costs
awarded. Id. Upon notice being given and recognizance so
entered into, the J. may liberate the party
out of custody. Id. The Ct. shall hear and determine the appeal,
and make such order, with or without costs, as the Ct, shall think fit; and in case of dismissal of the appeal, or affirmance of the SUMMARY CONVICTION- continued. conv., the Ct. may order and adjudge the 7&8G.4.
c. 30. s.38. off. to be pun. according to the conv. and pay costs awarded, and if necessary issue
process to enforce the judgment. Id.
quashed for want of form, or removed by cer-
there is a good and valid conv. Id. 8. 39.
the next Ct. of G. or Q. Sess, for the co. &c.
Id. s. 40.
copy of such conv. certified by the officer of
person for any thing done in pursuance of this
SUMMARY CONVICTION- continued. 7 & 8 G. 4. m.; notice of such action and the cause c. 30. s. 40.
thereof to be given to the defendant 1 cal. m. before the commencement; the defendant may plead the general issue, and give the special matter in evidence at the trial. The plaintiff not to recover if sufficient amends shall be made before action brought, or sufficient money paid into Ct. after action brought. If a verdict for the defendant, or the plaintiff is nonsuited, or discontinue after issue joined, or if on demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover full costs as between attorney and client, and though a verdict shall be given for the plaintiff, he shall not have costs against the defendant, unless the jndge shall shall certify his approbation of the action and
of the verdict. ld. The subjects of summary conviction relating to
injuries to the person, are as follow; 9 G. 4.
Common assaults, 9 Geo.4. c. 31. s. 26, ante.
Id. p. 14, ante.
15, ante. For the mode of proceeding before justices,
the Malicious Injuries Act, see p. 166, ante.
c. 30. s. 25.
either for every time of its commission, or for
off. Id. s. 31.
Injuries Act. 7 & 8 Geo. 4. c. 30.
act, whether punishable by indict. or on sum-
(a) The offender must be found in the actual commission of the offence to justify the apprehension under this clause, and he must be taken directly to the nearest magistrate,