No. LXIX. c. 30. mission of any misdemeanor punishable under this Act, shall be liable to be indicted and punished as a principal offender. XXVII. And be it enacted, That where any person shall be convicted 7 & 8 G. IV. of any indictable offence punishable under this Act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction, and also to direct that the of fender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet. may be The Court nay, for all Offences with in this Act, order hard Labour or so litary Confine to summary Proceedings. Competency of Witnesses. XXVIII. And for the more effectual apprehension of all offenders against this Act, be it enacted, That any person found committing any ment. offence against this Act, whether the same be punishable upon indictment Persons in the or upon summary conviction, may be immediately apprehended, without Act of coma warrant, by any peace officer, or the owner of the property injured, or mitting any his servant, or any person authorized by him, and forthwith taken before Offence may some neighbouring justice of the peace, to be dealt with according to law. be apprehendXXIX. And be it enacted, That the prosecution for every offence ed without a punishable on summary conviction under this Act shall be commenced Warrant. within three calendar months after the commission of the offence, and not Limitation as otherwise; and the evidence of the party aggrieved shall be admitted in proof of the offence, and also the evidence of any inhabitant of the county riding or division in which the offence shall have been committed, notwithstanding any forfeiture or penalty incurred by the offence payable to the general rate of such county riding or division. XXX. And for the more effectual prosecution of all offences punishable on summary conviction under this Act, be it enacted, That where any person shall be charged on the oath of a credible witness before any justice of the peace with any such offence, the justice may summon the person charged to appear at a time and place to be named in such summons; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode), the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other justice of the peace; or the justice before whom the charge shall be made may (if he shall so think fit) without any previous summons (unless where otherwise specially directed) issue such warrant ; and the justice, before whom the person charged shall appear or be brought, shall proceed to hear and determine the case. XXXI. And be it enacted, That where any offence is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, any person who shall aid, abet, counsel, or procure the commission of such offence, shall on conviction before a justice of the peace, be liable for every first second or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first second or subsequent offence as a principal offender is by this Act made liable. Mode of com- nishable on summaryCon viction. Abettors in Offences punishable on summary Con viction. XXXII. And with regard to the application of all forfeitures and penal- Application of ties upon summary convictions under this Act, be it enacted, That every Forfeitures sum of money which shall be forfeited for the amount of any injury done and Penalties (such amount to be assessed in cach case by the convicting justice) shall upon summa be paid to the party aggrieved, if known, except where such party shall ry Convichave been examined in proof of the offence, and in that case or where the tions. party aggrieved is unknown, such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such amount or otherwise, shall be paid to some one of the overseers of the poor, or to some other officer (as the justice may direct) of the parish township or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county riding or division in No. LXIX. 7 & 8 G. IV. c. 30. Proviso. If a Person summarily convicted shall not pay, &c., the Justice may com mit him. Scale of Imprisonment. The Justice the Offender in certain Cases. which such parish township or place shall be situate, whether the same shall or shall not contribute to such general rate: Provided always, that where several persons shall join in the commission of the same offence, and shall upon conviction thereof, each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a justice of the peace is herein-before directed to be applied. XXXIII. And be it enacted, That in every case of a summary conviction under this Act, where the sum which shall be forfeited for the amount of the injury done, or which shall be imposed as a penalty by the justice, shall not be paid, either immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both (as the case may be) together with the costs, shall not exceed five pounds; and for any term not exceeding four calendar months, where the amount with costs shall not exceed ten pounds; and for any term not exceeding six calendar months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. XXXIV. Provided always, and be it enacted, That where any person may discharge shall be summarily convicted before a justice of the peace of any offence against this Act, and it shall be a first conviction, it shall be lawful for the justice if he shall so think fit, to discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved, for damages and costs or either of them, as shall be ascertained by the justice. XXXV. And be it enacted, That it shall be lawful for the King's MajesNon-payment ty to extend his royal mercy to any person imprisoned by virtue of this Act, although he shall be imprisoned for non-payment of money to some party other than the crown. Pardon for of Money. A summary shall be a Bar for the same Cause. Form of Conviction. XXXVI. And be it enacted, That in case any person convicted of any offence punishable upon summary conviction by virtue of this Act shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from his conviction in the manner aforesaid, in every such case he shall be released from all further or other proceedings for the same cause. XXXVII. And be it enacted, That the justice before whom any person shall be convicted of any offence against this Act 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 require; videlicet, E it remembered, That on the BE in the year of our Lord in the county of at day of [or riding, division, liberty, city, &c., as the case may be], A.O. is convicted before me J.P. one of his Majesty's justices of the peace for the said county [or riding, &c.,] for that he 'the said A. O. did [specify the offence, and the time and place when and where the same was committed, as the case may be; and on a second conviction, state the first conviction]; and I the said J.P. adjudge the said A.O. for his said offence to be imprisoned in the [or to be imprisoned in the 'the space of offence to forfeit and pay and there kept to hard labour] for [or, I adjudge the said A.O. for his said [here state the penalty ' actually imposed, or state the penalty and also the amount of the injury sum of of day of No. LXIX. c. 30. 'done, as the case may be], and also to pay the sum of 'for costs; and in default of immediate payment of the said sums, to be 7 & 8 G. IV. 'imprisoned in the [or to be imprisoned in the and there kept to hard labour] for the space of unless the said sums shall be sooner paid; [or, and I order that the said sums shall be paid by the said A.O. on or before the ]; and I direct that the said [i.e. the penalty only] shall be paid to aforesaid, in which the said offence was com'mitted, to be by him applied according to the directions of the statute in 'that case made and provided; [or that the said sum of [i.e.the penalty] shall be paid to, &c. as before,] and that the said sum of [i.e. the sum for the amount of the injury done] shall be 'paid to C.D. [the party aggrieved, unless he is unknown or has been examined in proof of the offence, in which case state that fact, and dispose of the 'whole like the penalty as before]; and I order, that the said sum of for costs shall be paid to [the complainant.] Given under my hand and seal, the day and year first above mentioned." XXXVIII. And be it enacted, That in all cases where the sum adjudg- Appeal. ed to be paid on any summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one justice only, any person, who shall think himself aggrieved by any such conviction, may appeal to the next court of general or quarter sessions, which shall be holden not less than twelve days after the day of such conviction, for the county riding or division wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sufficient sureties before a justice of the peace, conditioned personally to appear at the said sessions and to try such appeal, and to abide the judgnient of the court thereupon, and to pay such costs as shall be by the court awarded; and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment. XXXIX. And be it enacted, That no such conviction or adjudication No Certiorari, made on appeal therefrom, shall be quashed for want of form, or be re- &c. moved by certiorari or otherwise into any of his Majesty's superior Courts of Record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. XL. And be it enacted, That every justice of the peace, before whom any person shall be convicted of any offence against this Act, shall transmit the conviction to the next court of general or quarter sessions which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. XLI. And for the protection of persons acting in the execution of this Act, be it enacted, That all actions and prosecutions to be commenced against any person for any thing done in pursuance of this Act shall be Convictions to be returned to the Quarter Sessious. How far Evidence in future Cases. Venue, in Proceedings against Persons acting under this Act. No. LXIX. 7 & 8 G. IV. c. 30. Notice of Not to extend to Scotland or Ireland. To extend to laid and tried in the county where the fact was committed, and shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant, and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon. XLII. Provided always, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland. XLIII. And be it enacted, That where any felony or misdemeanor punishable under this Act shall be committed within the jurisdiction of Offences com- the admiralty of England, the same shall be dealt with, inquired of, tried, mitted at Sea.- and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction. No. LXX. 7 & 8 G. IV. c. 32. [ No. LXX. ] 7 & 8 George IV. c. 32.—An Act to explain and amend an Act passed in the Seventh Year of the Reign of His present Majesty, intituled An Act to prevent the wilful and malicious Destruction of Dwelling Houses in Ireland.-[21st June 1827.] 7 G. 4. c. 60. WHEREAS by an Act passed in the seventh year of the reign of his present Majesty, intituled An Act to prevent the wilful and malicious Déstruction of Dwelling Houses in Ireland, it is amongst other things enacted, that all and every person and persons who, under pretence of becoming bona fide tenant or tenants of any dwelling-house or other building, or by power under or collusion with any person or persons having or claiming to have title thereto, as tenant or tenants for the term of any life or lives, with or without any covenant for renewal, or for years, or other less term, certain or at will, shall obtain and get possession of any dwelling-house or other building for the fraudulent and malicious purpose of pulling down or demolishing the same, or of doing other unlawful waste or destruction, or who, being possessed of any such dwelling-house or other building, or part of such dwelling-house or other building, shall pull down or demolish or begin to pull down or demolish the same, or shall commit any other unlawful waste or destruction thereof or thereto, or shall pull down or sever from the freehold any fixture or utensil being within or appurtenant to such dwelling-house or other building, or such part of such dwelling-house or other buildings, or used or occupied therewith, or which in a due course of occupancy ought not to be so pulled down or severed from the freehold, shall be deemed and are thereby declared to be guilty of a misdemeanor, and shall be subject and liable, on conviction thereof, to the like pains and penalties as in cases of misdemeanor: And whereas doubts have arisen as to what class of offenders the said enactment applies, other than those who shall obtain and get possession of any dwelling or other building for the fraudulent and malicious purposes of pulling down or demolishing the same, or of doing other unlawful waste or destruction: And whereas it is expedient that such doubts should be removed, and that the said enactment c. 32. should be expressly extended to the offenders herein-after mentioned and No. LXX. described: Be it therefore enacted by the King's most excellent Majesty, 7 & 8 G. IV. 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 from and after the passing of this Act all persons who, Description of being possessed in any manner or right whatever of any dwelling-house Persons deor other building, or any part of any dwelling-house or other building, clared to be held under or by virtue of any lease or agreeinent, or for any term of Offenders years, or other less term, certain or at will, (whether the possession of against the such dwelling-house or other building, or part of such dwelling-house or recited Act. other building, shall have been obtained for the fraudulent and malicious purpose of pulling down or demolishing the same, or for any other purpose whatever,) shall wilfully fraudulently or maliciously, and not for the purposes of any intended improvements or beneficial alteration therein, pull down or demolish, or begin to pull down or demolish the same, or commit any other unlawful waste or destruction thereof or thereto, or pull down or sever from the freehold any fixture or utensil being within or appurtenant to such dwelling-house or other building, or used or occupied therewith, or which in a due course of occupancy ought not to be so pulled down or severed from the freehold, and also all persons who shall wilfully and knowingly aid abet or assist in the same, or who shall wilfully and knowingly purchase or contract to purchase the materials or any part of the materials of which such dwelling-house or other building or any part of such dwelling-house or other building was constructed, or any fixture or utensil being within or appurtenant to any such dwelling-house or other building, or part of such dwelling-house or other building, or used and occupied therewith, and which in due course of occupancy ought not to be pulled down and severed from the freehold, shall be deemed and are hereby declared to be guilty of a misdemeanor, and shall be subject and liable, on conviction thereof, to the like pains and penalties as in cases of misdemeanor. No. LXXI. 9 Geo. IV. c. 56. 7 & 8 G. 4. [No. LXXI. ] 9 George IV. c. 56.-An Act for consoli- This Act to extend to Ireland only. Commencement of Act. Setting fire to II. And be it further enacted, That if any person shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, hay-yard or granary, building, or to any building or erection used in carrying on any trade or manufac- Church, or ture, or any branch thereof, whether the same or any of them respectively Chapel, Feshall then be in the possession of the offender, or in the possession of any Death. lony, with other person, or if any person shall unlawfully and maliciously set fire to any church chapel or place for religious worship, every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon. Destroying, or forcibly enter ing any Place III. And be it enacted, That if any person shall unlawfully and maliciously cut break or destroy, or damage with intent to destroy or to render useless, any goods or article of silk woollen, mohair, or cotton, or of destroy Silk, Woollen, Linen, or Cotton Goods, in the Loom, &c., or any Machinery belonging to such Manufactures, &c., Felony, punishable with Transportation for Life, &c. with Intent to |