9 G. 4, c. 55. or for the first and second time only, or for the first time only, every such person shall, on conviction before a justice or justices be punishable of the peace, be liable, for every first, second, or subsequent of as principals. Persons in the act of committing offences may be appre hended without a warrant. A justice upon good grounds of suspicion proved on oath, may grant a search warrant. Any person to whom stolen property is offered, to seize the party. Limitation as to summary proceedings. Competent witnesses. Mode of compelling the appearance of person's punishable on summary conviction. fence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence, as a principal offender, is by this act made liable. 56. And for the more effectual apprehension and discovery of all offenders punishable under this act, be it enacted, that any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of this act, may be immediately apprehended without a warrant, by any peace officer, or by the owner of the property on or with respect to which the offence shall be committed, or by the servant of or any person authorized by such owner, and such offender shall and may be forthwith taken before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove upon oath, before a justice of the peace, that there is reasonable cause to suspect that any property whatsoever, on or with respect to which any such offence shall have been committed, is in any dwelling-house, outhouse, garden, yard, croft, or other place or places, the justice may grant a warrant to search such dwelling-bouse, outhouse, garden, yard, croft, or other place or places for such property, as in the case of stolen goods; and any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable 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. 57. 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. 58. [and c. 56, s. 37.]- And for the more effectual prosecution of all offences punishable on summary conviction under [these acts] be it enacted, that where any peron 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 may issue his warrant for ap. prehending such person, and bringing such person before such justice, or some other justice or justices of the peace; or it shall be lawful for the justice, before whom the charge shall be made, (if he shall so think fit,) without any previous summons (unless 9 G. 4, c 55. where otherwise specially directed,) to issue such warrant; and the justice or justices, before whom the person charged shall appear or be brought, shall proceed to hear and determine the case. and fortei convictions. 59. And with regard to the application of all forfeitures and Application penalties upon summary convictions under this act, be it enacted, of penalties that every sum of money which shall be forfeited for or as the va- tures on lue of any property stolen or taken, or for or as the amount of summary any injury done, (such value or amount to be assessed in each case by the convicting justice or justices,) shall be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence, and in that case, or where the party aggrieved is unknown, such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice or justices of the peace, whether in addition to such value or amount as aforesaid, or otherwise, shall be paid, under the order of such justice or justices, to the treasurer or other proper officer of the infirmary of the county, city, town, or place wherein such conviction shall take place, for the use of such infirmary, in case there shall be any such infirmary established within or for such county, city, town, or place, and in case there shall not be any such infirmary, then to the treasurer or other proper officer of such other public charity within such county, city, town, or place, as such justice or justices shall by his or their order for that purpose direct: 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 done, 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-before directed to be applied. convicted 64. That in every case of a summary conviction under this If a person act, where the sum which shall be forfeited for the value of the summarily property stolen or taken, or for the amount of the injury done, shall not pay, or which shall be imposed as a penalty by any justice or justice may com&c., the justices, together with the costs, if awarded, which costs such mit him. justice or justices is and are hereby authorized to award, if they shall think fit, in any case of a summary conviction under this act,) shall not be paid, either immediately after the conviction, or within such period as the justice or justices shall at the time of the conviction appoint, (which he or they is and are hereby authorized to appoint,) it shall be lawful for the convicting jus tice or justices (unless where otherwise specially directed) to commit the offender to the common gaol or house of correction, Scale of imprisonment. 9 G. 1, c. 55. there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice or justices, 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 five pounds, and for any term not exceeding four calendar months, where the amount of such forfeiture or penalty, or both, as the case may be, together with costs, shall exceed five pounds, and shall not exceed ten pounds, 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 and costs. Justice may discharge certain of. fenders on payment of recompence. Pardon for of money. 65 [and c. 56, s. 45.]-Provided always, and be it enacted, that where any person shall be summarily convicted before a justice or justices of the peace, of any offence against [these acts] and it shall be a first conviction, it shall be lawful for the justice or justices, if he or they 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 such justice or justices. 66. [and c. 56, s. 46.]That it shall be lawful for the lord non-payment lieutenant or other chief governor or governors of Ireland, for the time being (a) to extend the royal mercy to any person imprisoned by virtue of [these acts,] although he shall be imprisoned for non-payment of money, to some party other than the crown. Summary conviction shall be a bar to any other proceeding for the same cause. Convictions to be drawn in the following form. Form of conviction. 67. [and c. 56, s. 47.]-That in case any person convicted of any offence punishable upon summary conviction by virtue of [these acts,] shall have paid the sum adjudged to be paid, together with costs, if awarded under such conviction, or shall bave received a remission thereof from the crown, or shall have suffered the imprisonment awarded for non-payment 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. 68. [and c. 56, s. 48.-That the justice or justices before whom any person shall be convicted of any offence, against [these acts,] 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, at day of in the year of [or city, Be it remembered, that on the (a) These words are omitted in c. 56, s. 46. 'said A. O., for his said offence, to be imprisoned in the 4 *sum of [or to 9 G 4, c. 55. be imprisoned in the and there kept to hard labour] for 'the space of [or to forfeit and pay here state the penalty ac*tually imposed, or state the penalty, and also the value of the articles stolen, embezzled, or taken, or the amount of the injury done, as the case * may be,] and [in any case where the costs shall be awarded] also to pay the for costs, and in default of immediate payment of the said sum [or sums,] to be imprisoned in the [or to be im*prisoned in the and there kept to hard labour, for the space unless the said sum [or sums] shall be sooner paid; [or, and I [or we] order that the said sum [or sums] shall be paid by the said 4.0, on or before the and I [or we] direct that 'the said sum of [i. e. the penalty only] shall be paid to of of day of in the county, [or city, town, or place, as the case may be] to be by him [or them] applied according to the directions of the 'statute in that case made and provided [or that the said sum of [i. e. the penalty only] shall be paid to, &c., as before] and that the said "be paid to 69. [and c. 56, s. 49.]-That in all cases where by this act two or more justices of the peace are authorized and required to hear and determine any complaint, one justice shall be competent to receive the original information or complaint, and to issue the summons or warrant requiring the parties to appear before two or more justices of the peace; and after examination upon oath into the merits of the said complaint, and the adjudication thereupon, by any two such justices, being made, all and every the subsequent proceedings to enforce obedience thereto, or otherwise, whether respecting the penalty, fine, imprisonment, costs, or other matter or thing relating to the offence, may be enforced by either of the said justices, or by any other justice of the peace for the same county, city, town, or place, in such and the like manner as if done by the same two justices, who so heard and adjudged the said complaint; and where the original complaint or information shall be made to any justice or justices of the peace, different from the justice or justices before whom the same shall be heard and determined, the form of conviction shall be made conformable and according to the fact. One justice may receive mation, &c. original inforwhere two or more justices are empower ed to hear and determine. Appeal on conviction to quarter ses general or 70. [and c. 56, s. 50.]—That in all cases where the sum adjudged to be paid on any (a) summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one justice sions. 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) for the county, city, town (a) or place wherein the cause of complaint shall have arisen: provided that such person shall give to the complainant a notice in writing of (a) Omitted in c. 55, s. 70. C 9 G. 4, c. 55. such appeal, and of the cause and matter the the leag No convic tion, nor adjudication made on ap peal, shall be quashed for want of form. Convictions ed to the sessions. days after such conviction, and seven clear days a be rea fore such general or quarter sessions, and shall also either re main in custody until the sessions, or shall (a) enter into a recog nizance, 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 dismisssal of the appeal, or the affirmance of the conviction, the court shall order and adjudge the offender to be punished according to the conviction, and to pay such costs, if any, as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. 71. [and c. 56, s. 51.]-That no such conviction, nor any 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; 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. 72. [and c. 56, s. 52.]-That every justice of the peace, to be return 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 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 a conviction for the former offence, and the conviction shall be presumed to have been unappealed against, until the contrary be shown. How far evidence in fu ture cases. Admiralty of fences. Act not to ex. 74. [and c. 56, s. 55.]—That where any felony or misdemeanor, punishable under this act, shall be committed within the jurisdiction of the admiralty of Ireland, 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, 75. Provided always, and be it enacted, that nothing in this act contained shall extend to England, Wales, or Scotland, except as follows; (that is to say,) that if any person having except where stolen, or otherwise unlawfully taken any chattel, money, va tend to England, Wales, or Scotland, (a) These words are omitted in c. 55, s. 70. |