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advanced, or any other sum of money or
*31 T" 113% such person shall forfeit the sum of fifty pounds Penalty 501. . , for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit. Wivinggota
LX. And be it enacted, That where the Receivers of property, stealing or taking of any property whatsoever where the original is by this Act punishable on summary con. oftence is punishable
purismianie on summary con• on summary convicviction, either for every offence, or for the tion. first and second offence only, or for the first offence only, any person who shall receive any such property, knowing the same to be unlawfully come by, shall on conviction there. of before a justice of the peace, be liable, for every first second, or subsequent offence of receiving, to the same forfeiture and punish mento to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by this Act made *** Sons liable. . IsLXÍ. And be it enacted, That in the case Principals in the ofvevery felony punishable under this Act, second degree and every principal in the second degree, and acces every accessory before the fact, shall be punishable with 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 (except only a receiver of stolen property) shall on conviction be liable to be imprisoned for any term not exceeding two years, and every person, who Abettors in misde. shall aid, abet, counsel, or procure the com- meanors. mission of any misdemeanor punishable under
punishable on sum
this Act, shall be liable to be indicted and
punished as a principal offender. áratot Abettors in offences LXII. And be it enacted, That if any per,
son shall aid, abet, counsel, or procure the mary conviction.
commission of any offence which is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, every such person shall, on conviction
before a justice of the peace, be liable for Punishment.
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. ; Carnog sdt isits A person in the act of LXIII. And, for the more effectual apprécommitting any of- hension and discovery of all offenders punish
able under this Act, be it enacted, That any person found committing any offence punishe able, either upon indictment or upon sum mary conviction, by virtue of this Act, except only the offence of angling in the day-time, may be immediately apprehended without a warrant by any peace officer, or by the owner of the property on or with respect to which the offence. shall be committed, or by his servant or any person authorized by him, and forthwith taken before some neighbouring
justice of the peace,, to be dealt with accordA justice upon good ing to law; and if any credible witness shall grounds of suspicion prove, upon oath before a justice of the peace, proved on oath, may grant a search war
Y a reasonable cause to suspect that any person
has in his possession or on his premises any. property whatsoever, on or with respect to which any such offence shall have been com mitted, the justicemay grant a warrant to
fence may be apprehended without a warrant.
ce law; and, before a juct tha
search for such property, as in the case of stolen goods; and any person, to whom, any Any person, to whom property shall be offered to be sold, pawned, stolen property is ori delivered, if he shall have reasonable offered
party offering it. causé to suspect that any such offence has been committed on or with respect to such property, is hereby authorized, and, if in his power, is required to apprehend and forthwith to carry before a justice of the peace the party offering the same, together with such property, to be dealt with according to law. OLXIV. And be it enacted, That the pro- Limitation as to sumsecution for every offence punishable on sum- mary proceedings. mary conviction under this Act shall be commenced within three calendar months after the commission of the offence, and not otherwise and the evidence of the party Competency of witaggrieved shall be admitted in proof of the nesses. offence, and also the evidence of any inhabitant of the county, riding, or division in whieh the offence shall have been committed, notwithstanding any penalty or forfeiture incurred by the offence may be payable to the general rate of such county, riding, or division, ...019- 9
LXV. And, for the more effectual prosecu- Mode of compelling tion of all offences punishable on summary the appearance of conviction under this Act, be it enacted, summary conviction. That where any person shall be charged, on the oath of a credible 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 he shall so think' fit), without any previous sum mons (unless where otherwise specially die rected), issue such warrant, and the justice before whom the person charged shall appear or be brought shall proceed to hear and de
termine the case. ? ;4.4*'<} 10 11 Application of forfeit- LXVI. And, with regard to the application ures and penalties on of all forfeitures and penalties upon summary summary convictions.
de convictions under this Act, be it enacted, That
every sum of money, which shall be forfeited for the value of any property stolen or taken, or for the amount of any injury done, (such value or amount to be assessed in each ease 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 apa plied 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 value or 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 pas rishi township, or place shall be situate, whed
ther the same shall or shall not contribute to such general rate: Provided always, That Proviso. where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, 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 herein-before directed to be applied ÍSLXVII. And be it enacted, That in every If a person summarily case of a summary conviction under this Act, convicted shall not where the sum which shall be forfeited for the may commit him.
pay, &c. the justice value of the property stolen or taken, or for the amount of the injury done, or which shall be imposed as a penalty by the justice shall not be paid, either immediately after the convietion, or within such period as the justice shall, at the time of the conviction, appoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the offender to the common gaol or house of correction, there to be imprisoned Scale of imprisonment 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;