« PreviousContinue »
zance 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;vand 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. XXXIX. And be it enacted, That no such
conviction, or adjudication 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; Warrant of commit- and no warrant of commitment shall be held ment, when not void. 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 re
XL. And be it enacted, That every justice turned to the quarter 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 which shall be holden for the county or place wherein the offence shall have been committed, there to
be kept by the proper officer among the reHow far evidence in cords 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 a conviction for the former
offence, and the conviction shall be presumed to have been unappealed against until the contrary be shewn.
XLI. And, for the protection of persons Venue in proceedings acting in the execution of this Act, be it against persons acting enacted, That all actions and prosecutions to under this Act. be commenced against any person for any thing done in pursuance of this Act shall be laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in Notice of action. writing of such action, and of the cause thereof, 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, General issue, &c. 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 Tender of amends, 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 Costs in case of verdict shalt
pass for the defendant, or the plaintiff for defendant. 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 Costs in case of verdict --though a verdict shall be given for the plain- for plaintiff. itiff 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, and of
the verdict obtained thereupon. Not to extend to Scot- XLII. Provided always, and be it enacted, land or Ireland.
That nothing in this act contained shall ex
tend to Scotland or Ireland. To extend to offences XLII. And be it enacted, That where any committed at sea.
felony or misdemeanor punishable under this Act shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction.
bai Nesikarame: artists heist as
For consolidating and amending
Laws in England, relative to Remedies against the Hundred, soul
[21 June, 1827.]
WHEREAS it is expedient that the several statutes now in force in that part of the united kingdom called England, relative to Remedies against the Hundred for the damage occasioned by persons riotously and tumultuously assembled, should be amended, and consolidated into one Act; and with that view the said statutes are, by an Act of the present Session of Parliament, repealed, from and after the last day of June in the present year, except as to offences and other matters committed or done before or upon that day: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament
Commencement of assembled, and by the authority of the same, Act.
That this Act shall commence on the first day
of July in the present year. "The hundred shall 1. And be it enacted, That if any.churchmake full compensa- or chapel, or any chapel for the religious done by rioters in cer- worship of persons dissenting from the united tain cases. church of England and Ireland, duly regi
stered or recorded, or any 'house, stable, coach-house, outhouse, warehouse, office, shop, mill, malt-house, hop oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or branch there. of, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggone way, or trunk for conveying minerals from any mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together, in every such case the inhabitants of the hundred, wapentake, ward, or other district in the nature of a hundred, by whatever name it shall be denominated, in which any of the said offences shall be conimitted, shall be liable to yield full compensa tion to the person or persons damnified by the offence, not only for the damage so done to any of the subjects herein-before enumerated but also for any damage which may at the same time be done by any such offenders to any fixture, furniture, or goods whatever, in any such church, chapel, house, or other of the buildings or erections aforesaid. - PC