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XXXII. And with regard to the applica- Application of fortion of all forfeitures and penalties upon feitures and penalties'

upon summary consummary convictions under this Act, be it victions. enacted, That every sum of money which shall be forfeited for the amount of any injury done (such amount to be assessed in each case by the convicting justice) shall be paid : to the partylaggrieved, 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 applied 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 amount or others. wise, 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, town. ship, 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 parish, township, or place shall be situate, whether the same shall or shall not contribute , to such general rate: Provided always, That Where there are sewhere several persons shall join in the commis- veral joined in com

mommission of same sion of the same offence, and shall upon offence conviction thereof, each be adjudged to forfeit i a sum equivalent to the amount of the injury done, in every such case no further sum shall : be paid to the party aggrieved than that which shall be forfeited by one of such of-. fenders only and the corresponding sum or sums forfeited by the other offender or of fenders shall be applied in the same manner as any penalty imposed by a justice of the peace is herein-before directed to be applied.

ment.

If a persoa summarily XXXIII. And be it enacted, That in every convicted shall not bosanfoummary

case of a summary conviction under this Act, pay, &c., the justice may commit him. where the sum which shall be forfeited 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 conviction, 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 only, or to be imprisoned and kept to hard labour, ac

cording to the discretion of the justice, for Scale of imprison 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; 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. The justice may dis- XXXIV. Provided always, and be it encharge the offender acted. That where any person shall be sumin certain cases.

marily convicted before a justice of the peace 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 nonpay. . XXXV. And be it enacted, That it shall be ment of money.

lawful for the King's 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. , . - XXXVI. And be it enacted, That in case A summary convicany person convicted of any offence punish- tion shall be a bar to

any other proceeding able upon summary conviction by virtue of for the same cause. this Aet 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. Ü . *XXXVII. And be it enacted, That the form of conviction. 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,

In" ," BE it Remembered, that on the 40 “ day of , in the year of our 66 Lord ,

at .:6 in the county of

for “ 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 i.** the said A. O. did [specify the offence,

[blocks in formation]

i “and the time and place when and

66 where the same was committed, as the
case may be; and on a second convic.
tion, 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 i.
“ [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
6 of

. ; for costs; and in de
“ fault of immediate payment of the
“ said sums, to be imprisoned in the

[or to be imprisoned in 6 the

and there kept to “ hard labour] for the space of : “

unless the said sums shall be “ sooner paid; [or, and I order that “the said sums shall be paid by the " said A. O. on or before the money “ day of

]; and I direct that 6 the said sum of

f i. e. the penalty only] shall be paid to “ of

aforesaid, in which the " said offence was committed, to be “ by him applied according to the di“rections 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 injury done] bir "shall be paid to C. D. [the party ag: 3513 BE * grieved, untess he is unknown or has

-25050been examined in proof the offence, in. This which case state that fact, and disNo 66 pose of the whole like the penalty, as "4","s. " before]; and I order, that the said 791'?" sum of

for costs shall be i bot.. "paid to

[the complainant). “Given under my hand and seal, the -"{ “ day and year first above mentioned.''

XXXVIII. And be it enacted, That in all Appeal, | cases where the sum adjudged to be paid on i any summary conviction shall exceed five 1 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 Notice in writing to person shall give to the complainant a notice be given. 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 Costs. as shall be by the court awarded; and upon such notice being given, and such recogni

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