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c. 39.


upon payment of the amount and costs. 7& 8G.4.

Id. s. 33.
When the justice may, on summary conviction,

discharge the party accused.
Where a person is summarily conv. before a s. 34.

J. P. of any offence against this act, and it
shall be a first conv. the J. if he thinks fit,
may discharge the off. from his conv. upon
his making satisfaction to the party aggrieved,
for damages and costs, or either, to be ascer-

tained by the J. Id. s. 34.
Respecting pardon.
The king may pardon any person Impr. under s. 35.

this act, although he shall be Impr. for non-


money to a party other than the

Id. s. 35.
Summary conviction a bar to further proceedings.
In case any person conv. of an off. under this s. 36.

act, pun. upon summary conv. shall have paid
the sum adjudged to be paid with costs un-
der such conv. or shall have received a remis-
sion thereof from the crown, or shall have
suffered the Impr. awarded for non-payment
or the Impr. adjudged in the first instance,
or shall have been discharged from his conv.
as above, (s. 35.) in every such case he shall
be released from all further proceedings for
the same cause. Id. s. 36.




The form of conv. is given by the stat.


7 & 8 G.4. c. 30.

8. 37.

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Appeal against summary conviction.
In all cases where the sum adjudged shall ex.

51. or the Impr. shall ex. one cal. m. or the
conv. takes place before one J. P. only, the
party aggrieved may appeal to the next Ct.
of general or quarter sessions, holden not less
than 12 days after the day of conv. for the
co. &c. where the cause of complaint shall

arise. Id. s. 38. The party aggrieved must give to the complain

ant a notice in writing of the appeal, and of the cause and matter thereof, in the three days after conv. and seven clear days before the sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sureties conditionally to appear at the sessions, try the appeal, and abide the judgment of the Ct. and pay costs

awarded. Id. Upon notice being given and recognizance so

entered into, the J. may liberate the party

out of custody. Id. The Ct. shall hear and determine the appeal,

and make such order, with or without costs, as the Ct, shall think fit; and in case of dismissal of the appeal, or affirmance of the SUMMARY CONVICTION- continued. conv., the Ct. may order and adjudge the 7&8G.4.

c. 30. s.38. off. to be pun. according to the conv. and pay costs awarded, and if necessary issue

process to enforce the judgment. Id.
Conviction not to be quashed for want of form.
No conv, or adjudication on appeal shall be s. 39.

quashed for want of form, or removed by cer-
tiorari, and no warrant of comm. shall be
void by reason of any defect, if it be there
alleged that the party has been conv. and

there is a good and valid conv. Id. 8. 39.
Justices to return Convictions.
Justices of the peace are to transmit conv. to s. 40.

the next Ct. of G. or Q. Sess, for the co. &c.

Id. s. 40.
What is proof of a conv. for a subsequent off.
Upon indict. or infor, for a subsequent off. a

copy of such conv. certified by the officer of
the Ct. or proved to be a true copy, is suffi-
cient 'evidence to prove a conv. for the former
off., and the conv. shall be presumed to have
been unappealed against until the contrary is

shewn. Id.
Limitation of actions, &c.
All actions and prosecutions brought against any

person for any thing done in pursuance of this
act are to be laid and tried in the co.where the
fact was comm. and commenced within 6 cal.

SUMMARY CONVICTION- continued. 7 & 8 G. 4. m.; notice of such action and the cause c. 30. s. 40.

thereof to be given to the defendant 1 cal. m. before the commencement; the defendant may plead the general issue, and give the special matter in evidence at the trial. The plaintiff not to recover if sufficient amends shall be made before action brought, or sufficient money paid into Ct. after action brought. If a verdict for the defendant, or the plaintiff is nonsuited, or discontinue after issue joined, or if on demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover full costs as between attorney and client, and though a verdict shall be given for the plaintiff, he shall not have costs against the defendant, unless the jndge shall shall certify his approbation of the action and

of the verdict. ld. The subjects of summary conviction relating to

injuries to the person, are as follow; 9 G. 4.

Common assaults, 9 Geo.4. c. 31. s. 26, ante.
Assaults on seamen to prevent their working.

Id. p. 14, ante.
Assaults to prevent the free passage, buying
and selling corn, &c. Id.


15, ante. For the mode of proceeding before justices,

the Malicious Injuries Act, see p. 166, ante.

c. 31.

Every pen. and for. to be imposed for maliciously 7& 8 G. 4.

c. 30.
comm. an off. under this act, whether punish-
able upon indict. or summary proceeding shall
equally apply to be enforced, whether the off.
is comm. from malice against the owner of
property, in respect of property of which it
shall be comm. or otherwise. 7 & 8 Geo. 4.

c. 30. s. 25.
Where an off. is punishable on summary conv. s. 3).

either for every time of its commission, or for
the 1st and 2nd time only, or for the 1st time
only, any person aiding or abetting, &c. shall
on conv. before a J. P. be liable for

any 1st,
2nd or subsequent off. of aiding, &c. to the
the same, forf. and pun. to which a person
guilty of a 1st, 2nd, or subsequent as a prin.

off. Id. s. 31.
Of apprehending offenders under the Malicious

Injuries Act. 7 & 8 Geo. 4. c. 30.
Any person found comm. an off. against this s. 23.

act, whether punishable by indict. or on sum-
mary conv., may be apprehended without a
warrant by any peace officer, or the owner of
the property injured, or his servant, or any
person authorized by him, (a) and taken be-

(a) The offender must be found in the actual commission of the offence to justify the apprehension under this clause, and he must be taken directly to the nearest magistrate,

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