55 G. 3. c. 59. Allowing an appeal from convictions of Justices. Allowing an appeal from acts of trustees, &c. to wit. } BE it remembered, that on the the year of our Lord day of is convicted of his majesty's justices [or, riding, city, [here before us [naming the justices] one to of lawful money of Great Britain; and do order thereof to be forthwith paid by him the said [the informer] and the other thereof to the overseers of the poor of the parish of [where the offence was committed] and we the said justices do also award and direct the said costs. -forthwith to pay to the sum of — for And every such conviction shall be transmitted to the next general sessions or general quarter sessions of the peace to be holden for the county, &c. wherein such conviction was had, to be filed and kept amongst the records. Given under our hands the day and year above written. § 13. If any person convicted of any offence punishable by this act, shall think himself aggrieved by the judgment of the justices, such person shall have liberty to appeal from every such conviction to the next court of general sessions, or general quarter sessions of the peace which shall be held for the county, &c. wherein such offence was committed; and the justices in or at the said next court of general sessions or general quarter sessions, are hereby authorized and required to hear and determine the matter of the said appeal, and to award such costs as to them shall appear just and reasonable to be paid to either party; which decision shall be final; and if upon hearing the said appeal, the judgment of the justices before whom the appellant shall have been convicted shall be confirmed, such appellant shall forthwith pay the forfeitures or penalty mentioned in such conviction, and the costs awarded to be paid by such appellant; and in default of payment thereof, such appellant shall immediately be committed by the said court to the common gaol or house of correction of the county, riding, division, city, town, liberty, or place, where any such offence may have been committed, there to remain for any time not exceeding six calendar months, unless such penalty and costs shall be sooner paid. § 14. If any person shall feel himself aggrieved by any of the acts, orders, or proceedings of the said trustees, guardians and wardens, or either of them, in pursuance of this act, such person may appeal to the justices of the peace at the next general (a)" An act for amending an act of his present majesty, to insure the proper and careful manufacturing of fire arms in England, and for making provision for proving the barrels of such fire arms." quarter sessions of the peace to be holden for the said county of 55 G. 2. c. 59. Warwick such appellant, (if there be sufficient time after the cause of such complaint shall have arisen) first giving eight days notice at least in writing of his intention of bringing such appeal, and of the matter thereof, to the clerk or treasurer of the said trustees, and within four days after such notice, (if required), entering into recognizance before some justice of the peace for the said county, with two sufficient sureties conditioned to try such appeal, and abide the order thereon, and to pay such costs as shall be awarded by the justices at such quarter sessions; and for want of sufficient time for giving such notice previous to the first quarter sessions after the cause of such complaint shall have happened, then such appeal, after such notice and under such recognizance, may be made at the second general quarter sessions of the peace to be holden for the said county; and the justices at such first or second sessions shall hear and finally determine the cause and matter of such appeal in a summary way, and award such costs to the parties appealing or appealed against as they the said justices shall think proper; and the determination of such quarter sessions shall be final and conclusive; and the said justices at such sessions may also by their order or warrant, levy such costs so awarded, by distress and sale of the goods and chattels of the person or persons who shall neglect to pay the same, and for want of sufficient distress, commit such person to the common gaol or house of correction for the said county, for any time not exceeding three calendar months, or until payment of such costs. for § 15. No action or suit shall be commenced against any person Limitation of any thing done in pursuance of this act, and the said recited actions. act, until after thirty days notice in writing shall be thereof given to the guardians, trustees, and wardens of the gun-barrel proof house of the town of Birmingham, nominated and appointed by, or to be elected by virtue of the said recited act, or their solicitor, or to the master or warden of the company of gunmakers of the city of London, or after sufficient satisfaction tendered, or after six calendar months after the fact committed, for which such action or suits shall be so brought: and all such actions or suits, shall be laid and tried in the county, city, or place where the cause of action shall arise; and the defendant in such action or suit may plead the general issue, and give this act and the said recited act and the special matter in evidence at any trial which shall be had thereupon, and that the matter or thing for which such action or suit shall be brought, was done by the authority of this act and the said recited act; and if the said matter or thing shall appear to have been so done, or if it shall appear that such action or suit was brought before thirty days notice was given, or that sufficient satisfaction was tendered or paid into court, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county, city, or place than as aforesaid, the jury shall find for the defendant; and if a verdict shall be found for such defendant, or if the plaintiff shall become nonsuited, or suffer a discontinuance of such action or suit, or if upon a demurrer in such action or suit, judgment shall be given for the defendant; such defendant shall have treble costs, and such remedies for recovering the same, as any defendant may have for the recovery of his costs in other cases. 55 G. 3. c. 59. Proof house accounts to be audited. Appointing number of the company. Public act. § 16. The accounts of the said proof house (a), and of all sums of money to be paid, laid out, and expended, and of all sums to be received, shall once in each year be audited by some justice of the peace acting at Birmingham, or within seven miles thereof. By § 17. so much and such parts of the said recited act as enacts that the lord lieutenants of the respective counties of Warwick, Worcester, and Stafford, and the persons serving in parliament for the said counties respectively, and other persons named, and their successors, to be chosen in manner therein directed, should be a body corporate, and called "The guardians, trustees, and wardens of the gun-barrel proof house of the town of Birmingham," for the purpose of proving, in the manner directed by the said act, all barrels for guns, fowling pieces, blunderbusses, pistols, and every other description of fire arms which should be brought to the proof house at Birmingham to be proved, is hereby repealed; and from and after the passing of this act, the lord lieutenants of the respective counties of Warwick, Worcester, and Stafford, and the persons serving in parliament for the said counties respectively for the time being, and certain other persons whose names are specified, with the high and low bailiff for the town of Birmingham for the time being, and all acting magistrates residing within seven miles of the town of Birmingham, and their successors to be chosen in manner directed by the said recited act, shall be and they are hereby declared to be a body politic and corporate, and shall be called or known by the name of "The guardians, trustees, and wardens of the gun-barrel proof house of the town of Birmingham," for the purpose of proving or causing to be proved, in the manner directed by the said recited act, all barrels for guns, fowling pieces, blunderbusses, pistols, and every other description of fire arms which shall be brought to the proof house at Birmingham to be proved according to the provisions of the said recited act. § 18. This act shall be deemed a public act. Fireworks. 9 & 10 W. 3. c. 7. BY 9 & 10 W. 3. c. 7. § 1. it shall not be lawful for any person (of Fireworks a nuisance. Making and selling rockets, &c. what age, sex, degree or quality soever) to make or cause to be made or to sell or expose to sale any squibs, rockets, serpents, or other fireworks, or any cases, moulds, or other implements for making the same; or to permit the same to be cast, thrown, or fired from out of or in his house, lodging, or habitation, or other place thereto belonging, into any public street, highway, road, or passage; or to throw, cast, or fire, or be aiding in throwing, casting, or firing the same in or into any public street, house, shop, river, highway, road, or passage; and every such offence shall be adjudged a common nuisance. § 2. If any person shall make or cause to be made, or give, sell, or offer to sale any squibs, rockets, serpents, or other fire-works, or (a) i. s. at Birmingham. Qu. any cases, moulds, or other implements for making the same; he 9 & 10 W. 3. shall on conviction before one justice, or chief magistrate, by c. 7. confession or oath of two witnesses, forfeit 51. half to the poor, and half to the prosecutor, to be levied by distress, by warrant of such justice or chief magistrate. § 2. And if any person shall permit any the same to be cast, Suffering rockets thrown, or fired from, out of, or in his house, shop, dwelling, lodg- to be fired. ing, habitation, or other place thereto belonging, into any public street, highway, road, or passage, or any other house or place; he shall forfeit 20s. in like manner. §. 3. If any person shall throw, cast, or fire, or be aiding in Firing rockets. throwing, casting, or firing any the same into any public street, house, shop, river, highway, road, or passage, he shall forfeit 20s. in like manner; and if he shall not immediately on conviction pay to the justice the said forfeiture for the uses aforesaid, the latter shall commit him to the house of correction, to be kept to hard labour for any time not exceeding one month, unless he shall sooner pay the forfeiture. Where a squib was wantonly thrown among the stands at a fair, and being removed from off that on which it alighted, it occasioned the loss of the eye of a byestander, it was holden by De Grey, C. J. and Nares and Gould, J's. against Blackstone, J. that all that was done subsequent to the original throwing was a continuation of the first force, and first act, which continued till the squib was spent by bursting; and that Trespass, not an action on the Case, was the proper remedy. Scott v. Shepherd. 2 Blac. Rep. 892. 1 Stark. N.P. 421. In a like case at N. P. it was held by Lord Ellenborough, C. J. King v. Ford, that a schoolmaster who permits an infant pupil under his care to make use of fireworks, is responsible in an action for the mischief which ensues. Information on 9 & 10 W. 3. c. 7. § 2., for selling fire in the year of our Lord, at day in the said county of Stafford, A. I. of in the said county, gentle- the of For casting and throwing squibs and other fire-works. That A. O. late of · in the said county, yeoman, on there unlawfully did throw, cast, and fire certain fire-works, against the form of the statute in such case made and provided, whereby and by force of the said statute, the said A. O. for his said offence hath for feited the sum of twenty shillings. Wherefore, &c. 30 C. 2. c. 9. 4 Ann. c. 21. 9 Ann. c. 26. 30 G. 2. c. 21. 18 G. 3. c. 33. Fish and Fisheries. THERE are some acts relating to this subject, of which, being of less general concern, it is thought sufficient to insert only the titles; viz. (1) An act for the preservation of fish in the river of Severn. (2) An act for the increase and better preservation of salmon and other fish in the rivers within the counties of Southampton and Wilts. In which some alterations are made by the 1 G. 1. st. 2. c. 18. (3) An act for the better preservation and improvement of the fishery within the river of Thames, and for regulating and governing the company of fishermen of the said river. (4) An act for the more effectual preservation and improvement of the spawn and fry of fish in the river of Thames and waters of Medway; and for the better regulating the fishery thereof. (5) An act for the better preservation of fish, and regulating the fisheries in the rivers Severn and Verniew. What follows seems best reducible under these heads; I. The penalty of fishing in ponds and other private fisheries. c. 47. 13 R. 2. st. 1. c. 19. R. 2. c. 9. 2 H. 6. c. 15. - 1 Eliz. c. 17. st. 2. c. 18. 33 G. 2. c. 27. - 43 G. 3. -- 45 G. 3. c. xxxiii. 58 G. 3. c. 43.] III. Of the herring and other fisheries. [28 G. 2. c. 14. - 26 G. 3. c. 81. 27 G. 3. c. 10. 48 G. 3. c. 110. .51 G. 3. c. 101. 52 G. 3. c. 153. 55 G. 3. c. 94.] VI. Importing fish. -9 G. e. 33. — [18 C. 2. c. 2.-1 G. st. 2. c. 18.9 G. 2. e. 33.] |