the faid magiftrate or juftice fhall examine into the matter of fuch complaint, and on proof thereof, upon oath, fhall, under his hand, adjudge and order what reasonable fum shall be paid by fuch journeyman or fervant to his master, by way of recompence for the money he shall have paid by reason of the wilful neglect or default of fuch journeyman or fervant. And if he fhall neglect or refufe, on conviction, to pay immediately, fuch magiftrate or justice shall commit him to the house of corrrction, or fome other prifon, of the place where he fhall be apprehended or convicted, to be kept to hard labour, not exceeding one kalendar month, unless payment thereof fhall be made after fuch commitment, and before the expiration of the faid term of one kalendar month.

$2.

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offenders.

It shall be lawful for the mayor of London, or any alder- Manner of man thereof, within the faid city or liberties; and for one convicting justice, within the feveral counties, ridings, divifions, cities, towns corporate, boroughs, liberties, or jurifdictions, to hear and determine, in a fummary way, all offences against this act; and for that purpose to fummon before him the party accufed; and if he fhall not appear, or offer some reasonable excufe for his default, then on oath made of the offence by one witnefs, fuch magiftrate or juftice fhall iffue his warrant for apprehending the offender: and on appearance of the party accufed, or if he fhall not appear, on notice being given to or left for him at his ufual place of abode; or if he cannot be apprehended on a warrant granted against him as aforefaid, fuch magistrate or juftice fhall proceed to inquire of the offence, and to examine any witnefs or witnefles who fhall be offered on either fide upon oath, and shall convict or acquit the party accufed: and if the penalty, on fuch conviction, fhall not be paid within twenty-four hours after fach conviction, fuch magiftrate or juftice fhall iffue his

§ 2.

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BOOK III. warrant, directed to any peace-officer, to make difstress; and if any offender shall convey away his goods out of the jurifdiction of such magistrate or justice, or so much thereof that the penalty cannot be levied, then fome magiftrate or juftice within whose jurisdiction the offenders fhall have removed his goods fhall back the faid warrant, and thereupon the penalty fhall be levied by distress; and if within five days the forfeiture shall not be paid, the distress shall be appraised and fold, rendering the overplus, after deducting the forfeiture and the cofts, and charges of the profecution, distress, and fale; which charges fhall be afcertained by the magistrate or justice before whom the offender was convicted, or who backed the warrant, if either of them shall continue alive, and if not, then by fome other magistrate or justice where the offender was convicted; and for want of such distress, every fuch magiftrate or justice within whofe jurif diction fuch offender fhall refide or be, fhall, on application of the profecutor, and proof made of the conviction and non-payment of the penalty and charges, commit fuch offender to the common gaol or house of correction of the divifion or place where the offender shall be found, there to remain for one kalendar month from the time of such commitment, unless payment shall be sooner made ".

AND if it fhall be made out on oath, to the fatisfaction of any magistrate or justice, that any one is likely to give mateterial evidence on behalf of the profecutor or of the perfon accused, and will not voluntarily appear to be examined, fuch magistrate or justice shall issue his fummons to convene fuch witnefs before him, at fuch reasonable time as in fuch summons shall be fixed and if any persons so summoned fhall neglect or refuse to appear, and no juft excuse shall be offered for such neglect or refufal, then (after proof, upon oath of fuch fummons) fuch magiftrate or justice shall issue

a § 4.

his warrant to bring fuch witness before him; and if, on his appearance, or on being brought before fuch magiftrate or juftice, he fhall refufe to be examined on oath, without offering any juft excufe for fuch refusal, such magistrate or justice may commit him to the public prifon of the county, city, or other divifion, in which the person so refufing to be examined fhall be, there to remain not exceeding fourteen days, nor less than three, as fuch magiftrate or justice shall direct.

§ 2.

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AND the conviction fhall be in the form or to the effect Form of the following :

-To-wit. Be it remembered, that on this

year of the reign of

day of

in the
A O is convicted before
me, one of his majesty's justices of the peace for the said county of
and I do adjudge him to pay and forfeit for

for

the same the sum of

Given under my hand and seal the day and year aforesaid.

conviction.

By a general clause in this fame act, all penalties and Application forfeitures, when recovered, fhall be paid to the informer. of the for

BUT by the 32 Geo. II, c. 18, fuch of the penalties by the aforefaid act, as thereby are not particularly disposed of, shall be applied, one moiety thereof, where any offender fhall be convicted by confeffion, or oath of one witness, to him who fhall inform and profecute; and the other moiety thereof, and alfo all penalties and forfeitures incurred on the weighing, trying, or feizure, of any bread by any magiftrate or juftice, to the better carrying the faid act into execution, as fuch magistrate or justice fhall think fit".

feitures.

No certiorari, letters of advocation, or of fufpenfion, shall Advocation

$ 2.

ASSIZE.

Appeal.

be granted, to remove any conviction, or other proceeding had thereupon.

IF any person convicted shall think himself aggrieved, he may appeal to the next feffions, and the execution shall in fuch cafe be fufpended; fuch perfon convicted entering into recognizance, at the time of the conviction, with two fufficient fureties, in double the fum which he shall have been adjudg ed to forfeit, upon condition to profecute fuch appeal with effect, and to be forthcoming to abide the judgment and determination of the juftices at the faid feffions, who shall finally determine the matter of the faid appeal, and award such cofts as to them fhall appear just and reasonable, to be paid by either party and if the conviction fhall be affirmed, the appellant shall immediately pay down the fum adjudged, together with fuch cofts as the juftices in their faid feffions fhall award; and in default of payment thereof, any two fuch justices, or any one magiftrate or justice having jurifdiction in the place to which fuch appellant shall escape, or where he shall refide, fhall commit him to the common gaol of the county, city, divifion, or place, where he shall be apprehended, until he fhall make payment of such penalty and of the costs and charges which shall be adjudged on the conviction, to the informer: but if the appellant fhall be discharged, reasonable costs shall be awarded to him against the informer, who would, in case of such conviction, have been entitled to a fhare of the penalty; and which costs shall and ⚫ may be recovered by the appellant against such informer, in like manner as cofts given at the feffions are recoverable ". Provided, that if the conviction fhall be within fix days before the feffions, the party, on entering into fuch recogniz ance as aforefaid, fhall be at liberty to appeal, either to the then next, or to the next following feffions. Every action

§ 2.

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thing done

on this act.

which shall be brought against any magistrate, justice, or peace-officer, for any thing done under this act, fhall be commenced within fix months, and laid in the proper coun- Indemnity. ty; and the act of 24 Geo. II, c. 44, fhall extend to fuch ma- of perfons profecuted giftrate or justice acting under this act. And no action shall for any be commenced against such peace-officer, till seven days after notice in writing shall have been given to or left for him at his ufual place of abode by the profecutor's attorney; which notice fhall contain the name and place of abode of the perfon intending to bring fuch action, and alfo of his attorney, and likewise the cause of action: and fuch peaceofficer may within the faid feven days tender fatisfaction; and if the fame is not accepted, the defendant may plead fuch tender in bar of the action, together with the general iffue, or any other plea, with leave of the court; and if the jury fhall find the amends tendered to have been fufficient, or if the plaintiff fhall be nonfuit, or difcontinue, or judgment be given for the defendant upon demurrer, or if the action be brought after the time limited, or not within the proper county, the jury fhall find for the defendant, and he fhall be entitled to his cofts; but if the jury shall find that no fuch tender was made, or not fufficient, or fhall find against the defendant on any plea pleaded, they fhall give a verdict for the plaintiff, and fuch damages as they fhall think proper, and the plaintiff fhall thereupon recover his cofts against fuch defendant.

AND other perfons fued for any thing done on this act, may plead the general iffue; and if they recover fhall have treble cofts. Provided always, that no perfon fhall be con- Limitation victed for any of the aforefaid offences, unless the profecution be commenced within three days after the offence committed. Provided alfo, that nothing herein fhall extend to

• § 40. This relates to a peculiarity of the English practice. See explana

tion of technical terms at the end of
the volume.

с

C$ 41.

d § 42.

of actions.