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oath thereof be made to any justice of the peace or other magistrate within whose jurisdiction such offence shall be committed, it shall be lawful for such justice of the peace or other magistrate to issue his summons or warrant, at his discretion, to bring the party or parties so complained of before him, or any other justice of the peace or other magistrate of the county, city, or place within which such justice of the peace or other magistrate has jurisdiction, who shall examine upon oath any witness or witnesses who shall appear or be produced to give information touching such offence, (which oath the said justice of the peace or other magistrate is hereby authorized and required to administer); and if the party or parties accused shall be convicted of any such offence, either by his, her, or their own confes sion, or upon such information as aforesaid, he, she, or they so convicted shall forfeit and pay any sum not exceeding five pounds, nor less than Punishment. ten shillings, to his majesty, his heirs and successors; and if the person or persons so convicted shall refuse or not be able forthwith to pay the sum forfeited, every such offender shall, by warrant under the hand and seal of some justice or justices of the peace or other magistrate within whose jurisdiction the person offending shall be convicted, be committed to the house of correction or some other prison within the jurisdiction within which the offence shall have been committed, there to be kept without bail or mainprize for any time not exceeding three months. (1)

(1) See the form of conviction, sect. 4, post, p. 84.

Complaint to be made within ten days.

Proceedings

not to be

quashed for want of form;

not to be

removed by certiorari.

Form of conviction.

II. Provided always, and be it enacted by the authority aforesaid, That no person shall suffer any punishment for any offence committed against this act, unless the prosecution for the same be commenced within ten days after the offence shall be committed; and that when any person shall suffer imprisonment pursuant to this act, for any offence contrary thereto, in default of payment of any penalty hereby imposed, such person shall not be liable afterwards to any such penalty.

III. Provided also, and be it further enacted, That no order or proceedings to be made or had by or before any justice of the peace or other magistrate by virtue of this act shall be quashed or vacated for want of form, and that the order of such justice or other magistrate shall be final; and that no proceedings of any such justice or other magistrate in pursuance of this act shall be removable by certiorari or otherwise.

IV. And for the more easy and speedy conviction of offenders under this act, be it further enacted, That all and every the justice and justices of the peace, or other magistrate or magistrates, before whom any person or persons shall be convicted of any offence against this act, shall and 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 happen; (videlicet),

BE it remembered, That on the

day of

in the year of our Lord

'A. B. is convicted before me, one of his ma'jesty's justices of the peace for

'mayor or other magistrate of

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or

[as the

case may be] either by his own confession, or on 'the oath of one or more credible witness or wit'nesses [as the case may be] by virtue of an act 'made in the third year of the reign of his ma'jesty King George the Fourth, intituled "An 'Act to prevent the cruel and improper treatment ' of cattle," [specifying the offence, and time and place where the same was committed, as the case may be.] Given under my hand and seal, the 'day and year above written.'(1)

6

order com

persons vex

against.

V. And be it further enacted, That if on hear- Justices to ing any such complaint as is hereinbefore men- pensation to tioned, the justice of the peace or other magistrate atiously comwho shall hear the same shall be of opinion that plained such complaint was frivolous or vexatious, then and in every such case it shall be lawful for such justice of the peace or other magistrate to order, adjudge, and direct the person or persons making such complaint, to pay to the party complained of, any sum of money not exceeding the sum of twenty shillings, as compensation for the trouble and expense to which such party may have been

(1) It is remarkable that this form contains no adjudication as to the penalty; and as in practice it may be prudent to add one, it may be added immediately after the statement of the offence, in this form: "And I do declare and adjudge that the said A. B. hath forfeited to his Majesty, for his said offence, the sum of £- and in default of payment thereof forthwith I do adjudge that the said A. B., for his said offence, be imprisoned in the there to be kept without bail or mainprize for the space of unless the said sum of shall be sooner paid. Given," &c.

Actions for any thing

this act;

actions;

Venue;

Plea;

put to by such complaint; such order or adjudgment to be final between the said parties, and the sum thereby ordered or adjudged to be paid and levied in manner as is hereinbefore provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence hereinbefore mentioned. .

VI. And be it further enacted by the authodone ander rity aforesaid, That if any action or suit shall be brought or commenced against any person or persons, for any thing done in pursuance of this act, Limitation of it shall be brought or commenced within six calendar months next after every such cause of action shall have accrued, and not afterwards, and shall be brought, laid, and tried in the county, city, or place in which such offence shall have been committed, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial or trials to be had thereon, and that the same was done in pursuance and by authority of this act; and if the same shall appear to have been so done, or if any such action or suit shall not be commenced within the time before limited, or shall be laid or brought in any other county, city, or place than where the offence shall have been committed, then and in any such case the jury or juries shall find for the defendant or defendants; or if the plaintiff or plaintiff's shall become nonsuit, or shall discontinue his action or actions, or if judgment shall be given for the defendant or defendants

Costs.

therein, then and in any of the cases aforesaid such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath or may have for his, her, or their costs in any other cases by law.

3 GEO. IV. c. 114.

An Act to provide for the more effectual Punishment of certain Offences, by Imprisonment with [5th August, 1822.]

hard Labour.

WHEREAS by an act passed in the fifty-third year 53 G. 3. c. 162. of the reign of his late majesty King George the Third, intituled "An Act to repeal a certain provision respecting persons convicted of felony without benefit of clergy, contained in an act made in the fifty-second year of the reign of his present majesty, for the erection of a penitentiary house for the confinement of persons convicted within the city of London and county of Middlesex, and for making other provisions in lieu thereof," it was enacted, that it should and might be lawful for any court to pass upon any person who should be lawfully convicted before such court of felony with benefit of clergy, or of any grand larceny, or of any petit larceny, the sentence of imprisonment to hard labour, either simply and alone, or in addition to any other sentence which such court might or should be authorized to pass upon any person lawfully convicted of any of the offences aforesaid, as to such

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