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or justices, or magistrate or magistrates, to issue forth his or their warrant for committing such offender or defendant to the common gaol, for any term not exceeding three calendar months, unless the sum adjudged to be paid, and all costs and charges of the proceedings, shall be sooner paid: Provided always, that the amount of such costs and expenses shall be specified in such warrant of commitment. (1)

after commit

be forthwith

III. And be it further enacted, That in the If offender, case of any offender or offenders committed to tal, shall pay the penalty, the common gaol or house of correction for de- &c. he shall fault of payment of such penalty or forfeiture, discharged. together with the reasonable costs and charges attending the conviction, if such offender or offenders shall at any time, during the period of his, her, or their imprisonment, pay or cause to be paid to the governor or keeper of the prison, the full amount of such penalty, together with the costs and charges, it shall be lawful for such governor or keeper of such prison, and he or they are hereby required forthwith to discharge such offender or offenders from his or their custody.

commit,with

warrant of

IV. And whereas cases may occur where the Justices may recovery of such penalty or forfeiture by distress out issuing and sale of the goods and chattels of the offender distress, in or offenders may appear to the justice or justices of the peace, or magistrate or magistrates, for

(1) See the forms to the last section.

certain cases.

Consent of party.

Act not to extend to Scotland.

Constables may execute

of their pre

cincts, pro

within the

any county, riding, soke, city, division, or place, to be attended with consequences ruinous, or in an especial manner injurious to the offender or offenders and their family or families: be it enacted, That the justice or justices, and magistrate or magistrates aforesaid, shall be empowered, and they are hereby authorized, in all cases and upon all such occasions as to them shall seem fit, and where such consequences are likely to arise, to cause to be withheld the issue of any warrant or warrants of distress, and to commit the offender or offenders aforesaid immediately after conviction, and in default of payment of the penalty or forfeiture, with costs and charges, to the common gaol or house of correction, for such time and in such manner as are in such acts respectively mentioned and directed: Provided always, that it be by the desire or with the consent in writing of the party or parties upon whose property the penalty or forfeiture is to be levied.

V. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to extend to that part of the united kingdom of Great Britain and Ireland called Scotland.

VI. And whereas warrants addressed to con

warrants out stables, headboroughs, tithingmen, borsholders, or other peace officers of parishes, townships, vided it be hamlets, or places, in their characters of and as jurisdictione constables, headboroughs, tithingmen, borsholders, or other peace officers of such respective parishes, townships, hamlets, or places, cannot be lawfully

of

granting or backing the

same.

executed by them out of the precincts thereof respectively, whereby means are afforded to criminals and others of escaping from justice: for remedy whereof, be it further enacted, That it shall and may be lawful to and for each and every constable, and to and for each and every headborough, tithingman, borsholder, or other peace officer, for every parish, township, hamlet, or place, to execute any warrant or warrants of any justice or justices of the peace, or of any magistrate or magistrates, within any parish, township, hamlet, or place, situate, lying or being within that jurisdiction for which such justice or justices, magistrate or magistrates, shall have acted when granting such warrant or warrants, or when backing or indorsing any such warrant or warrants, in such and the like manner as if such warrant or warrants had been addressed to such constable, headborough, tithingman, borsholder, or other peace officer, specially by his name or names, and notwithstanding the parish, township, hamlet, or place in which such warrant or warrants shall be executed, shall not be the parish, township, hamlet, or place for which he shall be constable, headborough, tithingman, or borsholder, or other peace officer, provided that the same be within the jurisdiction of the justice or justices, magistrate or magistrates, so granting such warrant or warrants, or within the jurisdiction of the justice or justices, magistrate or magistrates, by whom any such warrant or warrants shall be backed or indorsed.

Persons employed in the post office embezzling

5 GEO. IV. c. 20.

An Act to regulate the Conveyance of Packets containing re-issuable Country Bank Notes by the Post, and to charge Rates of Postage thereon; to prevent Letters and Packets being sent otherwise than by the Post; to punish Persons embezzling printed Proceedings in Parliament, or Newspapers; and to allow the President of the Commissioners of Revenue Inquiry to send and receive Letters and Packets free from the Duty of Postage. [12th April, 1824.]

X. And whereas serious loss, inconvenience and injury may be sustained by the wilful emvotes, parlia- bezzling or purloining of printed votes or proceedings, or ceedings in parliament and printed newspapers

mentary pro

newspapers,

&c.

sent or to be sent by the post within the united
kingdom of Great Britain and Ireland; be it fur-
ther enacted, That from and after the passing of
this act, if any deputy, clerk, agent, letter carrier,
letter sorter, post boy, or rider, or any other officer
or person whatsoever employed or hereafter to be
employed in receiving, stamping, sorting, charg-
ing, conveying, or delivering letters or packets,
or in
any other business relating to the post office
in the said united kingdom, shall wilfully pur-
loin, embezzle, secrete, or destroy, or shall wil-
fully permit or suffer any other person or persons
to purloin, embezzle, secrete, or destroy any
printed votes or proceedings in parliament, or
printed newspapers, or any other printed paper

whatsoever, sent or to be sent by the post without covers, or in covers open at the sides, each and every such person or persons so offending Misdemeanor shall be deemed and taken to be guilty of a misdemeanor, and be punished by fine and imprisonment; and such offences shall and may be inquired of, tried and determined, either in the county where the offence shall be committed, or where the party shall or may be apprehended.

Indictment.

BERKSHIRE (to wit): The jurors for our lord the King upon their oath present, that Joseph Styles, late of the parish of -, in the county of Berks aforesaid, labourer, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, at the parish aforesaid, in the county aforesaid, being then and there a letter carrier employed in certain business relating to the post office in the said united kingdom, to wit, in the conveying and delivering of letters at - -, to wit, at the parish aforesaid, in the county aforesaid, did then and there unlawfully and wilfully purloin, embezzle and secrete a certain printed newspaper, called The Morning Herald, of the value of seven pence, of the goods and chattels of John Nokes, which said newspaper was before then, to wit, on the day and year aforesaid, sent by the post, in a cover open at the sides, from -, and directed to the said John Nokes at -, to wit, at the parish aforesaid, in the county aforesaid; against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity.

Evidence.

The prosecutor will have to prove the sending of the newspaper, and the embezzlement, as stated in the indictThat the defendant acted as letter carrier, &c. will be sufficient proof of his being such.

ment.

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