sions to order payment of expenses to and witnesses. the person or persons whose evidence shall appear to him to be material to prove the offence and to support such conviction, to become bound in recognizance to his majesty, his heirs and successors, to appear at the said general or quarter sessions, to give evidence against such offender Power of ses- touching such offence; and the justices of the peace at their said general or quarter sessions are prosecutors hereby authorized and empowered, at the request of any person who shall have become bound in any such recognizance, to order the treasurer of the county, riding, division, or place in which the offence shall have been committed, to pay unto such prosecutor, and unto the witness or witnesses on his or her behalf, such sum or sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor and such witness or witnesses respectively for the expenses he, she, or they shall have been severally put to, and for his, her, or their trouble and loss of time in and about such prosecution; which order the clerk of the peace is hereby directed and required forthwith to make out and deliver unto such prosecutor, or unto such witness or witnesses, upon being paid for the same the sum of two shillings and no more; and the said treasurer is hereby authorized and required, upon sight of such order, forthwith to pay unto such prosecutor or other person or persons authorized to receive the same, such money as aforesaid, and the said treasurer shall be allowed the same in his account; and in case any such person or persons as aforesaid shall refuse to enter into such recognizance, it shall be lawful for such justice to commit such person or persons so refusing to the common gaol, there to remain until he, she, or they shall enter into such recognizance, or shall be otherwise discharged by due course of law. rogues may the sessions to hard labour, X. And be it further enacted, That when any Incorrigible incorrigible rogue shall have been committed to be ordered by the house of correction, there to remain until the be detained next general or quarter sessions, it shall be lawful and kept to for the justices of the peace there assembled to and whipped. examine into the circumstances of the case, and to order, if they think fit, that such offender be further imprisoned in the house of correction, and be there kept to hard labour for any time not exceeding one year from the time of making such order, and to order further, if they think fit, that such offender (not being a female) be punished by whipping, at such time during his imprisonment, and at such place within their jurisdiction, as according to the nature of the offence they in their discretion shall deem to be expedient. sons hinder the execution XI. And be it further enacted, That in case Officers neg. lecting their any constable or other peace officer shall neglect duty, or perhis duty in any thing required of him by this act, ing officers in or in case any person shall disturb or hinder any of their duty, constable or other peace officer in the execution penalty. of this act, or shall be aiding, abetting, or assisting therein, and shall be thereof convicted upon the oath of one or more credible witness or witnesses before one or more justice or justices of the peace where such offence shall be committed, every such On conviction of officers, &c. order payment of the prosecutor's expenses. offender shall for every such offence forfeit any sum not exceeding five pounds; and in case such offender shall not forthwith pay such sum so forfeited, the same shall be levied by distress and sale of the offender's goods, by warrant from such justice or justices; and if sufficient distress cannot be found, it shall be lawful to and for one or more such justice or justices to commit the person so offending to the house of correction, there to be kept for any time not exceeding three calendar months, or until such fine be paid; and the said justice or justices shall cause the said fine, when paid, to be forthwith delivered to the treasurer of the county, riding, division, or place where such offence shall have been committed, to be by him added to and used as part of the stock of the said county, riding, division, or place. (5) XII. And be it further enacted, That in case justices may any constable or other peace officer shall be convicted before any one or more justice or justices of the peace, for any neglect of any duty required of him by this act, or of any disobedience of any lawful warrant or order of any justice or justices of the peace issued under the provisions of this act, and in case any two or more justices of the peace shall impose any fine, or direct any penalty to be paid by such officer, under and by virtue of the powers given to justices of the peace by an act passed in the thirty-third year of the reign (5) The conviction for this offence must not be in the form given in the 17th section, post, 134, but in the` general form given by statute 3 Geo. 4. c. 23. s. 1. ante, p. 75. c. 55. of his late majesty King George the Third, intituled “An act to authorize justices of the peace 33 Geo. 3. to impose fines upon constables, overseers, and other peace or parish officers, for neglect of duty, and on masters of apprentices for ill-usage of such their apprentices, and also to make provision for the execution of warrants of distress granted by magistrates," or under any other powers enabling such justices in that behalf, then and in every such case it shall be lawful for such justice or justices, upon conviction of any such offender, to reimburse and allow to the person or persons on whose complaint or information such offender shall have been convicted, all necessary costs and expenses which such person or persons may thereby have incurred, or by any appeal made in consequence thereof, by making an order under his or their hands and seals upon the treasurer of the county, riding, division, or place, to pay to such person or persons the amount of such costs and expenses, on producing the said order and giving a receipt for the same, and the same shall be allowed the said treasurer in his account. houses, &c. conceal be searched, persons XIII. And be it further enacted, That it shall Lodging be lawful for any justice of the peace, upon in- suspected to formation on oath before him made, that any vagrants may person hereinbefore described to be an idle and and suspected disorderly person, or a rogue and vagabond, or brought bean incorrigible rogue, is or is reasonably suspected fore a justice. to be harboured or concealed in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, by warrant Appeal. under his hand and seal to authorize any constable or other person or persons to enter at any time into such house, and to apprehend and bring before him or any other justice of the peace every such idle and disorderly person, rogue, and vagabond, and incorrigible rogue, as shall be found therein, to be dealt with in the manner hereinbefore directed. (6) XIV. And be it further enacted, That any person aggrieved by any act or determination of any justice or justices of the peace out of sessions, in or concerning the execution of this act, may appeal to the next general or quarter sessions for the county, riding, division, or place in and for which such justice or justices shall have so acted, giving to the justice or justices of the peace, whose act or determination shall be appealed against, notice in writing of such appeal, and of the ground thereof, within seven days after such act or determination, and before the next general or quarter sessions, and entering within such seven days into a recognizance, with sufficient surety, before a justice of the peace for the county or place in which such person shall have been convicted, personally to appear and prosecute such appeal; and upon such notice being given, and such recognizance being entered into, such justice is hereby empowered to discharge such person out of custody; and the court at such general or quarter sessions shall hear and (6) The information and warrant in this case may easily be framed from the forms to sect. 7, ante, p. 125. |