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sembly or meeting as aforesaid; and it shall be lawful for the justice of the peace who shall arrest any such person, or before whom any person so arrested shall be brought, to commit such person for trial for such offence, under the provisions of this act, unless such person can and shall give sufficient bail for his appearance at the next assizes or general or quarter sessions of the peace, to answer to any indictment which may be preferred against him for any such offence against this act, in England and Ireland; and in Scotland every such person shall be arrested and dealt with according to the law and practice of that part of the united kingdom in the case of a bailable offence.
III. And be it further enacted, That the she- Sheriffs depute, &c. in riffs depute and their substitutes, stewards depute Scotland to and their substitutes, justices of the peace, ma- same powers gistrates of royal burghs, and all other inferior in England. judges and magistrates, and also all high and petty constables or other peace officers of any county, stewartry, city, or town within that part of the united kingdom called Scotland, shall have such and the same powers and authorities for putting this present act in execution within Scotland, as the justices of the peace and other magistrates and peace officers and constables aforesaid respectively have, by virtue of this act, within and for other parts of the united kingdom.
IV. Provided also, and be it further enacted, Act not to That nothing in this act contained shall extend fenders from being prose
to prevent any prosecution, by indictment or otherwise, for any thing which shall be an offence within the intent and meaning of this act, and which might have been so prosecuted if this act had not been made, unless the offender shall have been prosecuted for such offence under this act, and convicted or acquitted of such offence.
V. And be it further enacted, That any action or suit which shall be brought or commenced against any justice or justices of the peace, constable, peace officer, or other person or persons, in that part of Great Britain called England or in Ireland, for any thing done or acted in pursuance of this act, shall be commenced within six calendar months next after the fact committed, and not afterwards; and the venue in every such action or suit shall be laid in the proper county where the fact was committed, and not elsewhere; and the defendant or defendants in every such action or suit, may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if such action or suit shall be brought or commenced after the time limited for bringing the same, or the venue shall be laid in any other place than as aforesaid, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their actions after appearance, or if upon demurrer judgment shall be given.
against the plaintiff or plaintiffs, the defendant or defendants shall have double costs, which he or they shall and may recover in such and the same manner as any defendant can by law in other cases.
VI. And be it further enacted, That every ac- Limitation of actions, &c. tion or suit which shall be brought or commenced in Scotland. against any person or persons in Scotland, for any thing done or acted in pursuance of this act, shall in like manner be commenced within six calendar months after the fact committed, and not afterwards, and shall be brought in the Court of Session in Scotland; and the defender or defenders may plead that the matter complained of was done in pursuance of this act, and may give this act and the special matter in evidence; and if such action or suit shall be brought or commenced after the time limited for bringing the same, then the Same shall be dismissed; and in
such case, or if the defender or defenders shall be assoilzied, or the pursuer or pursuers shall suffer the action or suit to fall asleep, or a decision shall be pronounced against the pursuer or pursuers upon the relevancy, the defender or defenders shall have treble costs or expenses, which Treble costs. he or they shall and may receive in such and the same manner as any defender can by law recover costs or expenses in other cases.
to be com
VII. Provided always, and be it further en- Prosecution acted, That no person shall be prosecuted by menced virtue of this act for any thing done or com- months.
Act may be repealed or altered this session.
mitted contrary to the provisions hereinbefore contained, unless such prosecution shall be commenced within six calendar months after the offence committed.
VIII. And be it further enacted, That this act may be repealed in the whole or in any part thereof, or in any manner altered or amended, during the present session of parliament.
60 GEO. III. and 1 GEO. IV. c. 4.
An Act to prevent Delay in the Administration of
[23d December, 1819.]
WHEREAS great delays have occurred in the administration of justice, in cases of persons prosecuted for misdemeanors by indictment or information in His Majesty's Courts of King's Bench at Westminster and Dublin, and by indictment at the sessions of the peace, sessions of oyer and terminer, great sessions, and sessions of gaol delivery, in that part of Great Britain called England, and in Ireland respectively, by reason that the defendants in some of the said cases have, according to the present practice of such respective courts, an opportunity of postponing their trials to a distant period, by means of imparlances in the said several Courts of King's Bench, and by time being given to try in such respective courts of session: for remedy thereof be it enacted by the king's most excellent majesty, by
nors not to
must plead, otherwise
and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the passing of this Persons pro act, where any person shall be prosecuted in His the Court Majesty's Court of King's Bench at Westminster, Bench for or in His Majesty's Court of King's Bench in misdemenDublin respectively, for any misdemeanor, either imparle, but by information or by indictment there found or removed into the same respective courts, and shall appear in term time in either of the said courts respectively in person, to answer to such indictment or information, such defendant, upon being charged therewith, shall not be permitted to imparle to a following term, but shall be required to plead or demur thereto within four days from the time of his or her appearance; and in default of his or her pleading or demurring within four days as aforesaid, judgment may be entered against the defendant for want of a plea; and in case such defendant shall appear to such indictment or information by his or her clerk or attorney in court, it shall not be lawful for such defendant to imparle to a following term, but a rule requiring such defendant to plead may forthwith be given, and a plea or demurrer to such indictment or information enforced, or judgment by default entered thereupon, in the same manner as might have been done, before the passing of this act, in cases where the defendant had appeared to such indictment or information by his or her clerk in court or attorney in a previous term.