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cause 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.
Summary Proceedings within Three Months. (41) And be it enacted, that the prosecution for every offence punishable on summary 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 aggrieved shall be admitted in proof of the offence.
Mode of compelling the Appearance of Persons. (42) And be it enacted, 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 summons (unless where otherwise specially directed) issue such warrant, and the justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case.
onvicting where” such party party aggries
Penalties on summary Convictions. (43) And 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 such case 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; or when the party aggrieved is unknown, such sum shall be applied in the same manner as the penalty : provided always, that 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 directed to be applied.
1828. (44) And be it enacted, that in every case of a summary convic25 July; tion under this act, where the sum which shall be forfeited for the 9 Geo 4, cap. 74.' 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 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, 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 fifty sicca rupees, and for any term not exceeding four calendar months, where the amount, with costs, shall not exceed one hundred sicca rupees, 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, with costs.
(45) Provided always, and be it enacted, that where any person shall be summarily 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.
(46) And be it enacted, that in case any person convicted of any offence punishable upon summary conviction by virtue of this act shali have paid the sum adjudged to be paid, together with costs under such conviction, 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,
Form of Conviction. (47) And be it enacted, that the 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,
- Be it remembered, that on the day of - in the year of 6 our Lord at [as the case may be] A.0. is convicted before me • I.P., one of his Majesty's justices of the peace for for that he * the said A.O. did [specify the offence, and the time and place when and « where the same was committed, as the case may be, and on a second cons viction state the first conviction, ] and I the said I.P. adjudge the said " A.0. for the said offence to be imprisoned in the [or to be im• prisoned in the and there kept to hard labour for the space of
1828. 25 July, cap. 74.
- ;] 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 value of the articles stolen, or the amount of the injury, • and as the case may be,] and also to pay the sum of — for costs ; 6 and in default of immediate payment of the said sums, to be im
prisoned in the — [or to be imprisoned in 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.0. on or before the day of — ;] and I direct
that the said sum of [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 directions 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 value of the articles stolen, or the amount of the injury done,] • shall be paid to C. D. [the party aggrieved, unless he has been examined
in proof of the offence, in which case state that fact, and dispose of the • whole like the penalty, as before.] Given under my hand and seal, • the day and year first above mentioned.'
Appeal. (48) And be it enacted, that in all cases where the sum adjudged to be paid on any summary conviction shall exceed fifty sicca rupees, 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, provided that such person shall give to the complainant a notice 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 as shall be by the court awarded ; and upon such notice being given and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.
No Certiorari, &c. allowed.
p 1828. 9 Geo. 4,
(49) And be it enacted, that no such conviction, or adjudication cap. 74. made on appeal therefrom, shall be quashed for want of form, or be
removed by certiorari or otherwise into any of his Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Convictions to be returned to the Sessions, and how far Evidence in
future cases. (50) And be it enacted, that every justice of the peace before whom any person shall be convicted of any offence against this act shall transmit the conviction to the next court of general or quarter sessions, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown.
Venue in Actions under this Act. (51) And be it enacted, that all actions and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be commenced within six calendar months after the fact committed, and not otherwise ; and notice in writing of such cause of action shall be given to the defendant one calendar month at least before the commencement of the action ; and in any such action the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon ; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before, whom the trial shall be shall certify his approbation of the action.
Fines how to be applied. (52) And whereas doubts have arisen whether his Majesty's supreme courts at Calcutta, Madras, and Bombay respectively, or any
justice of the peace in the British territories under the government of the said United Company, may lawfully defray the costs of any prosecution, or may make compensation to any prosecutor, otherwise than out of any fine levied in the same prosecution ; be it enacted, that each of the said supreme courts. may apply towards the reasonable costs of prosecuting offences, or of compensating prosecutors, (whether the prosecution be before the said court or any justices of the peace), any part of the whole sum arising out of fines levied by or transmitted to the said courts : provided always, that no such allowance for costs or compensation shall be made, except upon motion in open court: and that nothing herein contained shall prevent justices of the peace from making such allowances for costs or compensation to prosecutors as they might before have lawfully done.
Punishment for Petit Treason. (53) And be it enacted, that every offence which before the commencement of this act would have amounted to petit treason shall be deemed to be murder only, and no greater offence; and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, indicted, tried, and punished as principals and accessories in murder.
Punishment of Principal and Accessory. (54) And be it enacted, that every person convicted of murder, or of being an accessory before the fact to murder, shall suffer death as a felon; and every accessory after the fact to murder shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life or for any term of years, or to be imprisoned for any term not exceeding four years.
Period of Execution, and Marks of Infamy. (55) And be it enacted, that every person convicted of murder shall be executed according to law on the day next but one after that on which the sentence shall be passed, unless the same shall happen to be Sunday, and in that case on the Monday following; and the body of every murderer shall, after execution, either be dissected or hung in chains, as to the court shall seem meet; and sentence shall be pronounced immediately after the conviction of every murderer, unless the court shall see reasonable cause for postponing the same; and such sentence shall express not only the usual judgment of death, but also the time hereby appointed for the execution thereof, and that the body of the offender shall be dissected or hung in chains, if the court shall think fit: provided always, that after such sentence shall have been pronounced, it shall be lawful for the court or judge to stay the execution thereof, if such court or judge shall so think fit.