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Forms of Proceedings.

Owners or Drivers refpectively, as now are or hereafter may be licensed by the faid Commiffioners for licenfing and regulating Hackney Coaches, whether fuch Coaches be fo licensed to be used and driven in the ordinary and indifcriminate Work of Hackney Coaches in general, in and about the Streets and Places within which fuch Hackney Coaches are by Law compellable to go or be driven, or are or may be licensed exprefsly for the Purpofe of being employed and driven as Hackney Coach Stages between the Metropolis and certain Villages and Places in the Vicinity thereof; any thing in this Act contained to the contrary thereof in any wife notwithstanding.

XXIV. And be it further enacted, That the Forms of the Proceedings relative to the several Matters contained in this Act, which are fet forth and expreffed in the Schedule hereunto annexed, may be ufed upon all Occafions, and with fuch Additions or Variations as may be neceffary to adapt them to the particular Circumftances of the cafe, or the Place where the Profecution for the Offence shall Want of Form. take place; and that no Objection fhall be allowed to be made or Advantage taken on account of want of Form in any fuch Proceedings; and that fuch Conviction, unless appealed from within Fourteen Days in the manner hereinafter mentioned, shall be final and conclufive.

Appeal.

Cofts.

Certiorari.

Publick Act.

A&t may be altered, &c.

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XXV. Provided always, and be it further enacted, That if any Person shall find him, her or themselves aggrieved by any Determination, Judgment, Sentence or Conviction, which any Juftice or Juftices of the Peace or other Magiftrate above mentioned fhall have given or made in any of the cafes hereinbefore mentioned, and fhall enter into a Recognizance before fuch Juftice or Juftices or other Magiftrate, with one fufficient Surety, the Condition whereof fhall be, that fuch Perfon or Perfons do and fhall appear before the Court of the next Quarter-Seffions for the County or other Place where fuch Determination, Judgment, Sentence or Conviction fhall have been given or made, then and there to abide the final Order, Judgment and Sentence of fuch Court on the Matters aforefaid, then, and in every fuch case, fuch Perfon or Perfons fhall be at Liberty to appeal to the next General Quarter-Seffions of the Peace to he holden for the faid County or other Place, who upon hearing the faid Appeal, fhall have full Power finally to determine the fame, and to award fuch Cofts to the Appellant or to the Profecutor or Informer, as to fuch Court fhall feem fit to be awarded; and fuch laft mentioned Proceedings, final Judgment and Sentence, fhall not be removeable by Writ of Certiorari or otherwise into any other Court.

XXVI. And be it further enacted by the Authority aforefaid, That this Act fhall be deemed, adjudged and taken to be a Publick A&t, and shall be judicially taken Notice of as fuch by all Judges, Juftices and other Perfons whomfoever, without fpecially pleading the fame.

XXVII. And be it further enacted, That this A&t may be altered, varied or repealed by any other A&t or Acts of Parliament in this prefent Seffion of Parliament.

The

The SCHEDULES to which this A&t refers.

FORMS of PROCEEDINGS mentioned in the foregoing Act.

INFORMATION.

BE it remembered, That on the

One thoufand eight hundred and
in the faid County, informeth me

Day of
A. B. of

of His Majesty's Juftices of the Peace for the faid County, that

One

[here

defcribe the Offence particularly, and follow the Words of the A&t as near as may be contrary to the Statute made in the Fiftieth Year of the Reign of King George the Third, intituled, An A& for [here infert the Title of this Aa] which hath impofed a Forfeiture of for the faid Offence. Received the

Day of

by me

C. D.

SUMMONS for any Perfon or Perfons to attend a Justice of the Peace or other Magistrate.

To A. B. of

WHEREAS Complaint and Information hath been made before me C. D. One of His Majefty's Juftices of the Peace for the faid [County, et cetera] That, et cetera [here flate the Nature and Circumstances of the Cafe, as far as it shall be neceffary to fhew the Offence and to bring it within the Authority of the Juflice, and in doing that follow the Words of the A&t as near as may be] Thefe are therefore to require you perfonally to appear before me, or such other of His Majesty's Juftices of the Peace for the faid [County, et cetera] Day of next, at the Hour Noon, to anfwer the faid Complaint and do and receive what to the Law fhall Given under my Hand and Seal this One thousand eight hundred

on the

of

in the Information; and further to appertain. Herein fail not. Day of

and

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aforefaid, A. B. came before me C. D. One of His Majefty's Juftices of the Peace for the faid County, et cetera, and informed me, That, et cetera [here fet forth the Fact in the manner defcribed by the Aa] whereupon the faid E. F. after being duly fummoned to anfwer faid Charge, appeared before

on the

Day of

at

in the faid County; and having heard the Charge contained in the faid Information, declared that he was not guilty of the faid Offence; but the fame being fully proved upon

43 Eliz. c. 2. § 2.

17 G. 2. c. 38.

§ 1.

the Oath of G. H. a credible Witness, it manifeftly appears to me
the faid Justice, that he the faid E. F. is guilty of the Offence charged
upon him in the said Information; it is therefore confidered and ad-
judged by me the faid Juftice, that he the said E. F. be convicted,
and 1 do hereby convid him of the Offence aforefaid; and I do
hereby declare and adjudge, that he the faid E. F. hath forfeited
the Sum of
of lawful Money of Great
Britain, for the Offence aforefaid, to be diftributed as the Law
directs, according to the Form of the Statute in that cafe made and
provided. Given under my Hand and Seal, the

Day of
One thoufand eight hundred and
After the Words "being duly fummoned to anfwer
the faid Charge," infert [did not appear before me
purfuant to the faid Summons] or [did neglect
and refufe to make any Defence againft the faid
Charge, but the fame being fully proved, et cete
ra] as before: After the Words contained in
the faid Information" infert [acknowledged and
voluntarily confeffed the fame to be true, and it
manifeftly appears to me the said Juftice, et cetera]
as above.

[See as to Ireland, ante cap. 32.]

CAP. XLIX.

An Act to amend the Laws for the Relief of the Poor, fo far
as relate to the examining and allowing the Accounts of
Churchwardens and Overfeers by Juflices of the Peace.
[9th June 1810.]

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Act made the the

Reign of Her late Majefty Queen Elizabeth, intituled, An All for the Relief of the Poor, it is enacted, That Churchwardens and Overfeers of the Poor of every Parifh fhall, within Four Days ' after their Year, and after other Overseers nominated, make and yield up to Two Justices of the Peace a true and perfect Account of all-Sums of Money by them received, or rated and feffed and not • received, and of all other things concerning their faid Office: And whereas by an A&t made in the Seventeenth Year of His late Majefty King George the Second, for remedying fome Defects in the faid recited Act made in the Forty third Year of the Reign of Queen Elizabeth, it is enacted, that the Churchwardens and Overfeers of the Poor fhall, Yearly and every Year, within Fourteen • Days after other Overfeers fhall be nominated and appointed to fucceed them, deliver in to fuch fucceeding Overfeers a juft, true and perfect Account in Writing under the Hands of the Church, wardens and Overfeers directed to account, of all Sums of Money by them received or rated and affeffed and not received, and of all other Things concerning their faid Office; which faid Account shall be verified by Oath, or by the Affirmation of Perfons called Quakers, before One or more of His Majefty's Justices of the Peace, which faid Oath or Affirmation fuch Juftice or Juftices is and are by the faid Act authorized and required to adminifter, and to fign, and atteft the Caption of the fame at the Foot of the faid Account:

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• And

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Churchwardens and Overfeers to

be fubmitted

Juftices at Special Seffions.

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And whereas it is expedient that Two or more Juftices should be empowered to examine and correct and to allow and approve every fuch Account, before the same shall be figned and attefted;' Be it therefore enacted by the King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament assembled, and by the Autho rity of the fame, That in all cafes where any fuch Account is required Accounts of to be made and yielded, and to be figned and attested as aforefaid by virtue of the faid laft recited Act, every fuch Account fhall be fub mitted by the Churchwardens and Overfeers to Two or more Jultices of the Peace of the County, dwelling in or near the Parish or Place to which fuch Account fhall relate, at a Special Seffions for that Pur pofe to be bolden within the Fourteen Days appointed by the faid laft recited A&t for delivering in fuch Account; and fuch Juftices fhall and they are hereby authorized and empowered, if they fhall fo think fit, to examine into the Matter of every fuch Account, and to adminifter an Oath or Affirmation to fuch Churchwardens and Overfeers of the Truth of fuch Account, and to difallow and ftrike out of every fuch Account all fuch Charges and Payments as they fhall deem to be unfounded, and to reduce fuch as they shall deem to be exorbitant, specifying upon or at the Foot of fuch Account every fuch Charge or Payment and its Amount, fo far as fuch Juftices fhall difallow or reduce the fame, and the caufe for which the fame is difallowed or reduced; and it shall be lawful for fuch Two or more Justices, and they are hereby required to fignify their Allowance and Approbation of any fuch Account under their Hands, and to fign and atteft the Caption of the fame at the Foot of fuch Account, in manner directed by the said laft recited Act: And in Churchwardens, cafe fuch Churchwardens and Overfeers or any of them, fhall refufe &c. neglecting. or neglect to make and yield up or to fubmit fuch Account, or to verify the fame by Oath as aforefaid, or to deliver over to their Succeffors within Ten Days from the figning and attefting fuch Accounts, any Goods, Chattels or other Things, which on the Examination and Allowance of fuch Account in manner aforefaid shall appear to be remaining in the Hands of fuch Churchwardens or Overfeers, it fhall and may be lawful for any Two or more Justices of the Peace to commit him, her or them, to the Common Gaol, until he, fhe or they fhall have made and yielded fuch Account, and verified the fame as aforefaid, or shall have delivered over fuch Goods, Chattels and other Things which fhall appear to be fo remaining in his, Refusing to pay her or their Hands as aforefaid; and in cafe fuch Churchwardens to Succeffors. and Overseers or any of them, fhall refufe or neglect to pay to their Succeffors within Fourteen Days from the figning and attesting fuch Account, any Sum or Sums of Money or Arrearages which on the Examination and Allowance of fuch Account in manner aforefaid, fhall appear or be found to be due and owing from fuch Churchwardens or Overfeers, or any of them, or remaining in their Hands, it fhall and may be lawful for the fubfequent Churchwardens and Overseers by Warrant from any Two or more Juftices of the Peace, Diftress. to levy all fuch Sum and Sums of Money by Diftrefs and Sale of the Offenders' Goods, rendering to the Parties the Overplus, and in default of fuch Diftrefs, it shall be lawful for any fuch Two Juftices Imprisonment. of the Peace, to commit the Offender or Offenders to the Common

Gaol

Committed.

Appeal.

Appeal.

Magiftrates of Corporation fame Jurifdiction as Juftices.

Gaol of the County, there to remain without Bail or Main prize, until Payment of fuch Sum or Sums of Money or Arrearages as aforefaid.

II. Provided always, and be it enacted, That if fuch Churchwardens or Overseers, or any of them, shall feel themfelves, himself or herself aggrieved by the Difallowance or Reduction of any fuch Charges or Payments, and be defirous of appealing against any Order in that refpect, made by any fuch Two or more Juftices of the Peace, it fhall and may be lawful for him, her or them, to enter an Appeal against fuck Order, at the next General or Quarter-Seffions to be holden next after the Tenth Day from the making of fuch Order, he, the or they having first paid or delivered over to the fucceeding Churchwardens and Overfeers, fuch Sum and Sums of Money, Goods, Chattels and other Things, as on the Face of the Account which shall have been fubmitted by him, her or them, to fuch Two or more Juftices in manner aforefaid, shall appear and be admitted to be due and owing from him, her or them, or remaining in his, her or their Hands, and having alfo entered into a Recog nizance before One or more fuch Juftice or Justices, with Two fufficient Securities to be approved of by fuch Juftice or Juftices before whom fuch Recognizance fhall be acknowledged, in not lefs than double the Sum or Value in difpute, to enter fuch Appeal at fuch next General or Quarter-Seffions, and abide by fuch Order as fhall at that or any fubfequent Seffions be made on fuch Appeal; and it fhall and may be lawful for the Juftices of the Peace affem. bled at fuch General or Quarter-Seffions, on Proof of the Matters aforefaid, and on the Production of fuch Recognizance and Proof of the fame having been duly entered into, to adjourn fuch Appeal if they fhall fee Occafion, or to hear the fame, and to examine into and to confirm or reverfe fuch Difallowance or Reduction in the Whole or in Part, as to fuch Juftices at fuch Seffions fhall feem juft, and in any fuch Cafe, the faid Juftices, at fuch Seffions, may (if they fhall think fit) make an Order that fuch Churchwardens and Overseers fhall have the Cofts by them incurred, upon any fuch Appeal defrayed out of the Poor Rates of the Parish or Place; and the Order of the General Quarter-Seffions in execution of the Powers given to them by this Act fhall be binding on all Parties.

III. Provided also, and be it enacted, That nothing herein contained shall take away or be construed to take away any Power of Appeal against any fuch Account, by any other Perfon entitled to appeal against the fame by virtue of the said recited Acts or either of them.

IV. And be it further enacted, That every Mayor, Bailiff or other Head Officer of every Town or Place Corporate and City in Great Britain, or any Two Magiftrates of fuch Town or Place Corporate or City, being Juftice or Juftices of Peace refpectively, shall have the fame Authority by virtue of this Act within the Limits and Precincts of their Jurifdictions as is by this Act limited, prescribed or appointed to Juftices of the Peace of the County, or any Two or more of them, for the Execution of this Act; fubject nevertheless to an Appeal to the General or Quarter-Seffions in every fuch Town or Place Corporate or City respectively as aforefaid: Provided always, that in any Town or Place Corporate or City, where there are not Four Juftices of the Peace, it fhall and may be lawful for any Perfon or Perfons, where an Appeal is given by this Act, to appeal, if he or they fhall

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