To R. W. Esquire, Treasurer of the said [County] of WHEREAS W. T, Constable of in the County of hath produced unto me, J.P., One of Her Majesty's Justices of the Peace in and for the said County of (wherein the Offence herein-after mentioned is alleged to have been committed), the above Receipt of P.K., Keeper of the [House of Correction] at : And whereas, in pursuance of the Statute in such Case made and provided, I have ascertained that the Sum which ought to be paid to the said W.T. for conveying the said A.B. from in the said County of is to the said House of Correction County of of These are therefore to order you, as such Treasurer of the said to pay unto the said W.T. the said Sum according to the Form of the Statute in such Case made and provided, for which Payment this Order shall be your sufficient Voucher and Authority. Given under my Hand, this Day of 184. J.P. 184 of the Treasurer Amount of the above Order. £ CA P. XLIII. An Act to facilitate the Performance of the Duties of Justices WE WHERE AS it would conduce much to the Improvement of the Administration of Justice within England and Wales, 'so far as respects summary Convictions, and Orders to be made by Her Majesty's Justices of the Peace therein, if the several 'Statutes and Parts of Statutes relating to the Duties of such Justices in respect of such summary Convictions and Orders were consolidated, with such Additions and Alterations as may be deemed necessary, and that such Duties should be clearly ' defined by such positive Enactment: Be it therefore declared and enacted by the Queen's most Excellent Majesty, by 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 in all Cases where an Information shall be In all Cases laid before One or more of Her Majesty's Justices of the Peace where Informafor any County, Riding, Division, Liberty, City, Borough, or Place tion shall be within England or Wales, that any Person has committed or is plaint made of suspected to have committed any Offence or Act within the Juris- Offences comdiction of such Justice or Justices for which he is liable by Law, mitted, Justices upon a summary Conviction for the same before a Justice or may issue SumJustices of the Peace, to be imprisoned or fined, or otherwise mous to Persons punished, and also in all Cases where a Complaint shall be made to any such Justice or Justices upon which he or they have or 11 & 12 VICT. R shall laid or Com to answer the same. to be served. shall have Authority by Law to make any Order for the Payment of Money or otherwise, then and in every such Case it shall be lawful for such Justice or Justices of the Peace to issue his or their Summons (A.) directed to such Person, stating shortly the Matter of such Information or Complaint, and requiring him to appear at a certain Time and Place before the same Justice or Justices, or before such other Justice or Justices of the same County, Riding, Division, Liberty, City, Borough, or Place as shall then be there, to answer to the said Information or Complaint, and to be further How Summons dealt with according to Law; and every such Summons shall be served by a Constable or other Peace Officer, or other Person to whom the same shall be delivered, upon the Person to whom it is so directed, by delivering the same to the Party personally, or by leaving the same with some Person for him at his last or most usual Place of Abode; and the Constable, Peace Officer, or Person who shall serve the same in manner aforesaid shall attend at the Time and Place and before the Justices in the said Summons mentioned, to depose, if necessary, to the Service of the said Summons: Provided always, that nothing herein mentioned shall oblige obliged to issue any Justice or Justices of the Peace to issue any such Summons in any Case where the Application for any Order of Justices is by Law to be made ex parte: Provided also, that no Objection shall be taken or allowed to any Information, Complaint, or Summons, for alleged Defect therein in Substance or in Form, or for any Variance between such Information, Complaint, or Summons and the Evidence adduced on the Part of the Informant or Complainant at the hearing of such Information or Complaint as herein-after mentioned; but if any such Variance shall appear to the Justice or Justices present and acting at such hearing to be such that the Party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such Justice or Justices, upon such Terms as he or they shall think fit, to adjourn the hearing of the Case to some future Day. Justices not Summonses in certain Cases. No Objection allowed for Want of Form. If Summons be not obeyed, Justices may any II. And be it enacted, That if the Person so served with a Summons as aforesaid shall not be and appear before the Justice or Justices at the Time and Place mentioned in such Summons, issue Warrant; and it shall be made to appear to such Justice or Justices, by Oath or Affirmation, that such Summons was so served what shall be deemed by such Justice or Justices to be a reasonable Time before the Time therein appointed for appearing to the same, then it shall be lawful for such Justice or Justices, if he or they shall think fit, upon Oath or Affirmation being made before him or them substantiating the Matter of such Information or Complaint to his or their Satisfaction, to issue his or their Warrant (B.) to apprehend the Party so summoned, and to bring him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same County, Riding, Division, Liberty, City, Borough, or Place, to answer to the said Information or Complaint, and to be further dealt with according to Law; or upon such Warrant in the Information being laid as aforesaid for any Offence punishable on Conviction the Justice or Justices before whom such Information shall have been laid may, if he or they shall think fit, upon Oath or Affirmation being made before him or them substantiating the Matter of such Information to his or their Satisfaction, instead of or may issue first instance; 4 issuing issuing such Summons as aforesaid, issue in the first instance his or their Warrant (C.) for apprehending the Person against whom such Information shall have been so laid, and bringing him before the same Justice or Justices, or before some other Justice or Justices of the Peace in and for the same County, Riding, Division, Liberty, City, Borough, or Place, to answer to the said Information, and to be further dealt with according to Law; or if, where or if Summons, a Summons shall be so issued as aforesaid, and upon the Day and having been at the Place appointed in and by the said Summons for the Appear- duly served, be ance of the Party so summoned, such Party shall fail to appear Justices may not obeyed, the accordingly in obedience to such Summons, then and in every such proceed ex Case, if it be proved upon Oath or Affirmation to the Justice or parte. Justices then present that such Summons was duly served upon such Party a reasonable Time before the Time so appointed for his Appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the hearing of such Information or Complaint, and to adjudicate thereon, as fully and effectually, to all Intents and Purposes, as if such Party had personally appeared before him or them in obedience to the said Summons. III. And be it enacted, That every such Warrant to apprehend Form of Wara Defendant, that he may answer to any such Information or Com- rant. plaint as aforesaid, shall be under the Hand and Seal or Hands and Seals of the Justice or Justices issuing the same, and may be directed either to any Constable or other Person by Name, or generally to the Constable of the Parish or other District within which the same is to be executed, without naming him, or to such Constable and all other Constables within the County or other District within which the Justice or Justices issuing such Warrant hath or have Jurisdiction, or generally to all the Constables within such last-mentioned County or District, and it shall state shortly the Matter of the Information or Complaint on which it is founded, and shall name or otherwise describe the Person against whom it has been issued, and it shall order the Constable or other Person to whom it is directed to apprehend the said Defendant, and to bring him before One or more Justice or Justices of the Peace (as the Case may require) of the same County, Riding, Division, Liberty, City, Borough, or Place, to answer to the said Information or Complaint, and to be further dealt with according to Law; and that it shall not be necessary to make such Warrant returnable at any particular Time, but the same may remain in full force until it shall be executed; and such Warrant may be executed by ap- Where and how prehending the Defendant at any Place within the County, Riding, Warrant may Division, Liberty, City, Borough, or Place within which the Jus- be executed. tices issuing the same shall have Jurisdiction, or, in case of fresh Pursuit, at any Place in the next adjoining County or Place within Seven Miles of the Border of such first-mentioned County, Riding, Division, Liberty, City, Borough, or Place, without having such Warrant backed as herein-after mentioned; and in all Cases where such Warrant shall be directed to all Constables or Peace Officers within the County or other District within which the Justice or Justices issuing the same shall have Jurisdiction, it shall be lawful for any Constable, Headborough, Tithingman, Borsholder, or other Peace Officer for any Parish, Township, Hamlet, or Place situate R 2 within Certain Provisions of 11 & 12 Vict. c. 42. as to backing of Warrants to extend to War rants issued under this Act. No Objection allowed for Want of Form in the Warrant, or for any Variance, &c.; within the Limits of the Jurisdiction for which such Justice or Justices shall have acted when he or they granted such Warrant, to execute such Warrant in like Manner as if such Warrant were directed specially to such Constable by Name, and notwithstanding that the Place in which such Warrant shall be executed shall not be within the Parish, Township, Hamlet, or Place for which he shall be such Constable, Headborough, Tithingman, Borsholder, or other Peace Officer; and such of the Provisions and Enactments contained in a certain Act of Parliament made and passed in this present Session of Parliament, intituled An Act to facili tate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with indictable Offences, as to the backing of any Warrant, and the Indorsement thereon by a Justice of the Peace or other Officer, authorizing the Person bringing such Warrant, and all other Persons to whom the same was originally directed, to execute the same within the Jurisdiction of the Justice or Officer so making such Indorsement, as are applicable to the Provisions of this Act, shall extend to all such Warrants, and to all Warrants of Commitment issued under and by virtue of this Act, in as full and ample a Manner as if the said several Provisions and Enactments were here repeated and made Parts of this Act: Provided always, that no Objection shall be taken or allowed to any such Warrant to appre hend a Defendant so issued upon any such Information or Com plaint as aforesaid under or by virtue of this Act, for any alleged Defect therein in Substance or in Form, or for any Variance between it and the Evidence adduced on the Part of the Informant but if the Party or Complainant as herein-after mentioned; but if any such Variance charged is deshall appear to the Justice or Justices present and acting at such ceived by the Hearing to be such that the Party so apprehended under such Variation, he Warrant has been thereby deceived or misled, it shall be lawful may be committed or disfor such Justice or Justices, upon such Terms as he or they shall charged upon think fit, to adjourn the hearing of the Case to some future Day, Recognizance; and in the meantime to commit (D.) the said Defendant to the House of Correction or other Prison, Lock-up House, or Place of Security, or to such other Custody as the said Justice or Justices shall think fit, or to discharge him upon his entering into a Recog nizance (E.), with or without Surety or Sureties, at the Discretion of such Justice or Justices, conditioned for his Appearance at the Time and Place to which such hearing shall be so adjourned: but if he fail to Provided always, that in all Cases where a Defendant shall be disre-appear, the charged upon Recognizance as aforesaid, and shall not afterwards Justice may appear at the Time and Place in such Recognizance mentioned, transmit the then the said Justice who shall have taken the said Recognizance, Recognizance to the Clerk of or any Justice or Justices who may then be there present, upon certifying (F.) upon the Back of the said Recognizance the Nonappearance of the Defendant, may transmit such Recognizance to the Clerk of the Peace of the County, Riding, Division, Liberty, City, Borough, or Place within which such Recognizance shall have been taken, to be proceeded upon in like Manner as other Recognizances, and such Certificate shall be deemed sufficient primd facie Evidence of such Nonappearance of the said Defendant. the Peace. Description of IV. And be it enacted, That in any Information or Complaint, the Property of or the Proceedings thereon, in which it shall be necessary to state Partners, &c.; the the Ownership of any Property belonging to or in the Possession of Partners, Joint Tenants, Parceners, or Tenants in Common, it shall be sufficient to name one of such Persons, and to state the Property to belong to the Person so named and another or others, as the Case may be, and whenever in any Information or Complaint, or the Proceedings thereon, it shall be necessary to mention, for any Purpose whatsoever, any Partners, Joint Tenants, Parceners, or Tenants in Common, it shall be sufficient to describe them in manner aforesaid; and whenever in any such Information of the Property or Complaint, or the Proceedings thereon, it shall be necessary of Counties; to describe the Ownership of any Work or Building made, maintained, or repaired at the Expense of any County, Riding, Division, Liberty, City, Borough, or Place, or of any Materials for the making, altering, or repairing of the same, they may be therein described as the Property of the Inhabitants of such County, Riding, Division, Liberty, City, Borough, or Place respectively; and all Goods provided by Parish Officers for the Use of the Poor of the Property may in any such Information or Complaint, or the Proceedings in Goods prothereon, be described as the Goods of the Churchwardens and vided for the Poor; Overseers of the Poor of the Parish, or of the Overseers of the Poor of the Township or Hamlet, or of the Guardians of the Poor of the Union to which the same belong, without naming any of them; and all Materials and Tools provided for the Repair of of the Property Highways at the Expense of Parishes or other Districts in which in Materials for such Highways may be situate may be therein described as the Property of the Surveyor or Surveyors of such Highways respectively, without naming him or them; and all Materials or Tools of the Property provided for making or repairing any Turnpike Road, and Build- in Materials ings, Gates, Lamps, Boards, Stones, Posts, Fences, or other Things Roads, &c.; for Turnpike erected or provided for the Purpose of any such Turnpike Road, may be described as the Property of the Commissioners or Trustees Parish Roads; of such Turnpike Road, without naming them; and all Property of the Property of the Commissioners of Sewers of any District may be described of Commissionas the Property of such Commissioners, without naming them. ers of Sewers. in the Com. V. And be it enacted, That every Person who shall aid, abet, Prosecution counsel, or procure the Commission of any Offence which is or and Punishhereafter shall be punishable on summary Conviction shall be ment of Aiders liable to be proceeded against and convicted for the same, either and Abettors together with the principal Offender, or before or after his Con- mission of Ofviction, and shall be liable on Conviction to the same Forfeiture fences. and Punishment as such principal Offender is or shall be by Law liable, and may be proceeded against and convicted either in the County, Riding, Division, Liberty, City, Borough, or Place where such principal Offender may be convicted, or in that in which such Offence of aiding, abetting, counselling, or procuring may have been committed. tices in one VI. And be it enacted, That such of the Provisions and Enact- Provisions of ments in the Act aforesaid made and passed in this present Session 11 & 12 Vict. of Parliament, intituled An Act to facilitate the Performance of c.42. as to Justhe Duties of Justices of the Peace out of Sessions within England County, &c. and Wales with respect to Persons charged with indictable Offences, acting for whereby a Justice of the Peace for one County, Riding, Division, another to exLiberty, City, Borough, or Place may act for the same whilst re- tend to this Act. siding or being in an adjoining County, Riding, Division, Liberty, R 3 City, |