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Certiorari.

Appeal to

Quarter Sessions, &c.

XXIII. And be it further enacted, That no Conviction under Conviction not this Act, for any of the Offences aforesaid, shall be quashed or set quashed for aside or adjudged void or insufficient for Want of Form; nor shall want of Form, the same be removed by Certiorari into His Majesty's Court of or removable by King's Bench; but that in all Cases where the Penalty shall exceed the Sum of Five Pounds, or One Month's Imprisonment, if any Person shall think himself aggrieved by such Conviction, such Person may appeal to the Justices of the Peace at the next General or Quarter Sessions of the Peace to be held for the County or City wherein the Cause of Complaint shall have arisen, such Person at the Time of his Conviction entering into a Recognizance with Two sufficient Sureties, conditioned personally to appear at the said Sessions to try such Appeal, and to abide the further Judgment of the Justices at such Sessions assembled; and in case any such Conviction of a reputed Thief shall be affirmed at such Sessions, the said Justices may adjudge the Offender to be a Rogue and Vagabond and proceed against him or her in the same manner as they might have done if such Rogue and Vagabond had been committed to the House of Correction until such General or Quarter Sessions; and in case such Offender shall not appear pur- Offender not suant to the said Recognizance, the Person so convicted by such appearing pur Justice shall be deemed an incorrigible Rogue, within the Intent suant to Reand Meaning of the said last recited Act; and the Justices at such cognizance. Sessions, or any Two of them, shall issue their Warrant to ap- Proceedings. prehend and commit the Person so deemed an incorrigible Rogue to some House of Correction or Common Gaol within their Jurisdiction, there to remain until the next General or Quarter Sessions for the said County, City or Liberty, as the case may be, then and there to be further dealt with according to Law.

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§ 2.

Hunting, &c.
Oxen, &c.

‹ XXIV. And Whereas by an Act passed in the Twenty first 21 G.3. c.67. Year of His late Majesty's Reign, intituled An Act to prevent 'the Mischiefs that arise from driving Cattle within the Cities of London and Westminster, and Liberties thereof, and Bills of Mortality, a Penalty not exceeding Twenty Shillings nor less than Five Shillings is imposed on every Person not being hired or employed to drive Cattle, who pelts with Stones or Brickbats, or by any other Means drives or hunts away, or sets any Dog or Dogs at any Ox, Heifer, Cow, Steer or other Cattle, without the Consent of the Owner of the same, or his Servant: And Whereas the said Penalty has been found insufficient to deter evil disposed Persons from the Practice of hunting Bullocks;' Be it therefore further enacted, That if any Person shall pelt, drive or hunt, or set any Dog or Dogs at any Ox, Heifer, Cow or Steer, contrary to the Provisions of the said last recited Act, such Person shall, upon being convicted thereof according to the same Act, forfeit and pay, on the First Conviction, any Sum not exceeding Forty Shillings nor less than Twenty Shillings, and on the Second and every future Conviction, any Sum not exceeding Five Pounds nor less than Fifty Shillings, to the Person or Persons who shall prosecute such Offender to Conviction, and in Default of Payment shall be committed to the House of Correction, there to be kept to Hard Labour for any time not exceeding Two Months on the First Conviction, nor Five Months on the Second and every future

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First Offence,

Penalty.

Further

Offence.

Officers and

Street Office to

act as Con

stables.

future Conviction, in the manner prescribed by the said last recited Act.

'XXV. And Whereas it is expedient that the Officers of the 'said Public Office in Bow Street, and the Horse and Foot Patrol 'acting under the Orders of the Chief Magistrate of that Office, 'shall be sworn in as Constables, and be empowered to act within 'the said several Counties of Middlesex, Surrey, Essex and Kent;' Be it therefore further enacted, That it shall and may be lawful Patrols of Bow for the said Chief Magistrate to administer to such Persons respectively an Oath duly to execute the Office of Constable within the Counties aforesaid; and each of such Persons, being sworn, shall have Power to act as a Constable for the Preservation of the Peace, and for the Security of Property against felonious and other unlawful Modes of obtaining the same, within any and every of the said several Counties, and for apprehending Offenders against the Peace, as well by Night as by Day; and shall have all such Powers and Authorities, Privileges and Advantages, as any Constable duly appointed now has or hereafter may have within his Proviso for dis- Constablewick: Provided always, that when any such Constable missal, &c. of shall be dismissed from his said Employment, or cease to belong to Constables. the said Public Office in Bow Street, all Powers and Authorities, Allowances, Emoluments, Privileges and Advantages, vested in the Person so dismissed or ceasing to belong to the said Office, shall immediately cease and determine.

Parish Watch

men, &c. found negligent, &c.

Suspended or dismissed by Two Justices.

If no Successor appointed by Alderman, &c.

Justices to appoint.

XXVI. And be it further enacted, for the Purpose of ensuring Competency and Fidelity in the Watchmen and Patrols employed by the Aldermen and Common Council of the City of London, and the Vestries and other Parochial and Local Authorities within the Limits of the Weekly Bills of Mortality and the Parishes hereinbefore mentioned, when any Case of Incompetency, Negligence, Misconduct or Delinquency shall appear to any Two Justices of the Peace acting within the said City or Limits and Parishes, against any such Watchman or Patrol, it shall be lawful for the said Two Justices, by Writing under their Hands and Seals, to declare the same, and to pronounce the Man so found incompetent or guilty of such Negligence, Misconduct or Delinquency, to be either suspended for a limited Time, or absolutely dismissed from his Office, as they shall think proper, and to give Notice of such Suspension or Dismissal to the Alderman and Common Council of the Ward, if in the City of London, or to the Vestry or other Authority by whom such Watchman or Patrol was appointed, if elsewhere; and every such Watchman or Patrol shall be incapable of being reappointed, either for the same or any other Ward, Parish or Place, while such Suspension or Dismissal shall remain in force; and if no Watchman or Patrol shall be appointed by the Alderman and Common Council of the Ward, or by the Vestry or other proper Authority, at their next Meeting after such Notice shall be delivered to the Deputy of the Ward, or to the Clerk or Secretary of such Vestry, or other proper Authority, or left at the House or Office where their Business is usually transacted, the said Justices shall appoint a Successor, who shall exercise and enjoy the said Duties and Powers, and receive the same Pay, Emolument and Allow ances, as if regularly appointed.

XXVII. And be it further enacted, That no Man shall here- No Watchman after be appointed within the Limits and Parishes aforesaid, by or Patrol to be any Authority whatsoever, to be a Watchman or Patrol, who shall above 40, &c. be above the Age of Forty Years, unless he shall have been previously and up to the Time of such Appointment employed in the said Horse or Foot Patrol.

Watchmen in

XXVIII. And be it further enacted, That it shall be lawful Allowance to for the Aldermen and Common Council of the respective Wards superannuated in the City of London and Liberties thereof, to make such Allow- London. ance to superannuated Watchmen, Beadles or Patrols, as they think proper, to be paid out of the Watch Rate to be raised in such Wards respectively.

XXIX. And be it further enacted, That for the better Adminis- Enabling Contration of the Police within the Limits and Parishes aforesaid, it stables at shall be lawful for the Constable or Headborough attending at Watchhouses any Watchhouse within those Limits and Parishes, between the to take Bail at Night. Hours of Eight in the Afternoon and Six in the Forenoon, to take Bail by Recognizance, without any Fee or Reward, from any Person who shall be brought into his Custody within the said Hours without the Warrant of a Justice, charged with any Petty Misdemeanor, if such Constable shall deem it prudent to take such Bail for the Appearance of such Person before the Justices at the said Public Office in Bow Street, or at one of the said Police Offices, to be specified in the Recognizance, for Examination, at the Hour of Ten in the Forenoon next after such Recognizance shall be taken, unless that Hour shall fall on a Sunday, or on One of the Days of Absence allowed by this Act, and in that case at the like Hour on the succeeding Day; and that every Recognizance so to be taken shall be of equal Obligation on the Parties entering into the same, and liable to the same Proceedings for the estreating thereof, as if the same had been taken before One of His Majesty's Justices of the Peace; and the Constable or Headborough shall enter in a Book to be kept for that Purpose in every Watch House, the Names, Residence and Occupation of the Party and his Sureties entering into such Recognizance, together with the Condition thereof, and the Sums respectively acknowledged, and shall lay the same before such Justice as shall be present at the Time and Place when and where the Party is required to appear; and if the Party does not appear at the In Default of Time and Place required, or within One Hour after, the Justice Appearance shall cause a Record of the Recognizance to be drawn up, to be Recognizance signed by the Constable or Headborough, and shall return the to be forfeited. same to the next General or Quarter Sessions of the Peace, with a Certificate at the Back thereof, signed by such Justice, that the Party has not complied with the Obligation therein contained, and the Clerk of the Peace shall make the like Estreats and Schedules of every such Recognizance as of Recognizances forfeited in the Sessions of the Peace; and if the Party not appearing shall apply, by any Person on his Behalf, to postpone the Hearing of the Time of HearCharge against him, and the Justice shall think fit to consent ing may be thereto, the Justice shall be at liberty to enlarge the Recogni- postponed. zance to such further Time as he shall appoint; and when the Matter shall be heard and determined, either by the Dismissal of the Complaint, or by binding the Party over to answer the Matter

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thereof

Wilfully damaging, &c.

to Thames

Police.

thereof at the Sessions, or otherwise, the Recognizance for the Party's Appearance before the Justice shall be discharged without Fee or Reward.

XXX. And be it further enacted, That if any Person shall wilfully destroy or damage, or endeavour to destroy or damage, or Boats belonging be wilfully concerned in destroying or damaging, or endeavouring to destroy or damage, any Boat belonging to or hired or employed by or by the Authority of the Justices appointed to attend at the Thames Police Office, or any Part of the Sails, Oars or other Tackle, Stores, Goods or Furniture contained in or belonging to any such Boat, every Person so offending shall forfeit and pay for every Boat so destroyed or damaged, or attempted to be destroyed or damaged, or of which any of the Tackle or other Contents shall have been so destroyed or damaged, or attempted to be destroyed or damaged, any Sum not exceeding Thirty Pounds, or shall suffer Imprisonment for any Time not exceeding Three Months, over and above any such Damages as may be recoverable by Action at Law against any such Offender.

Penalty.

Surveyors hav- XXXI. And be it further enacted, That it shall be lawful for ing just Cause every such Thames Police Surveyor (subject to the Orders of the to suspect said Justices appointed to attend the Thames Police Office), havFelony, may ing just Cause to suspect that any Felony has been or is about to enter Vessels and take up be committed in or on board of any Ship, Hoy, Barge, Lighter, suspected Boat or other Vessel, lying or being in the said River, Docks or Persons and the Creeks, to enter at all Times, as well by Night as by Day, into and Property. upon every such Ship, Hoy, Barge, Lighter, Boat or other Vessel, and therein to take all necessary Measures for the effectual Prevention or Detection of all Felonies which he has just Cause to suspect to have been or to be about to be committed in and upon the said River, Docks or Creeks, and to apprehend and detain all Persons suspected of being concerned in such Felonies, and also all Property so suspected to be stolen, and the same to produce before some Justice, to be dealt with according to Law.

Unlawful Quantities of Gunpowder may be seized,

12 G.3. c.61.

In what case
relating to
Naval Stores,
&c. Boats may
be detained,
and Persons
taken before a
Justice, &c.

XXXII. And be it further enacted, That it shall be lawful for every such Thames Police Surveyor, at any Time between Sunrising and Sunsetting, to enter any Ship or Vessel (except His Majesty's Ships) in the said River, Docks and Creeks, and to search the same for unlawful Quantities of Gunpowder, and also to exercise the same Powers of seizing, removing to proper Places and detaining all such unlawful Quantities of Gunpowder found on board any such Ship or Vessel, and the Barrels or other Packages in which such Gunpowder shall be, as are given to Persons searching for unlawful Quantities of Gunpowder under a Warrant of a Justice, by virtue of an Act passed in the Twelfth Year of His late Majesty's Reign, intituled An Act to regulate the making, keeping and Carriage of Gunpowder within Great Britain, and to repeal the Laws heretofore made for any of those Purposes.

XXXIII. And be it further enacted, That it shall be lawful for any Thames Police Constable or Surveyor, or any other Peace Officer within his Jurisdiction, to stop, search and detain in some Place of Safety, any Boat, Craft or Vessel which there shall be reason to suspect of having therein any of His Majesty's Naval Stores, or any Ropes, Cordage, Tackle, Apparel, Furniture, Stores, Materials or any Part of any Cargo or Lading, or any Lead, Iron,

Copper,

Copper, Brass, Bell metal, Pewter, Solder or other Article, stolen or unlawfully procured; and also to apprehend, search and detain any Person who may be reasonably suspected of having or conveying any such Articles in such Boat, Craft or Vessel, or on Land, and to convey every such Person so apprehended (as soon as conveniently may be) before some Justice of the Peace; and if such Person shall not give an Account to the Satisfaction of such Justice how he or she came by the same, then the Person so apprehended shall be deemed and adjudged guilty of a Misdemeanor, and shall suffer as hereinafter mentioned; and such Boat, Craft or Vessel, with her Tackle, Apparel, Furniture and Loading, shall, upon such Conviction, be forfeited and disposed of as is hereinafter directed.

ne

Where there is reasonable Cause for suspecting that any Cargo or jesty's Stores, &c. have been unlawfully obtained, and are

any of His Ma

concealed, proceedings.

XXXIV. And be it further enacted, That if on Information given on Oath it shall appear to any Justice that there is reasonable Cause for suspecting that any such Articles as aforesaid, after having been so stolen or unlawfully obtained, are concealed or otherwise lodged in any Dwelling House, Warehouse, Yard, Garden or any other Place, it shall be lawful for such Justice, by Special Warrant under his Hand and Seal, directed to any Thames Police Constable or Surveyor as aforesaid, or other Constable within his Jurisdiction, to cause every such Place to be searched at any Time of the Day, or by Night, if Power for that Purpose be especially given in and by such Warrant; and the said Justice, if it shall appear to him cessary, may moreover empower such Constable or Surveyor, with any such Assistance as to the said Justice may appear, or by such Constable or Surveyor may be found necessary (such Constable or Surveyor having previously made known such his Authority), to use force for the effecting of such Entry, whether by breaking open Doors or otherwise; and if upon Search thereupon made any such suspected Article shall be found, then to convey the same forthwith to and before a Justice, or to guard the same on the Spot while the Offenders are taken before a Justice, or otherwise dispose thereof in some Place of Safety, subject to the Orders of a Justice in manner above mentioned; and moreover to apprehend and convey before the said Justice the Person or Persons in whose House, Lodging or other Place the same shall so have been found, as also every other Person found in such House, Lodging or Place, who shall appear to have been privy to the depositing of such Article in such Place, knowing or having reasonable Cause to suspect the same to have been stolen or otherwise unlawfully obtained: and if such Persons respectively shall not immediately, or within some reasonable Time to be assigned by the Justice, make it appear to the satisfaction of the Justice by what lawful Means such Article or Articles came to be deposited or situated in such Place as aforesaid, without any Default on the Part of such Persons respectively, then and in such case the Person or Persons in whose House, Lodging or other Place any such suspected Article was found, and also every other Person so appearing to have been privy to the depositing thereof, knowing or having Cause to suspect the same to have been stoler or otherwise unlawfully obtained, shall be deemed and adjudged guilty of a Misdemeanor, and shall suffer as hereinafter Misdemeanor. mentioned.

XXXV. Pro

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