Imatges de pàgina
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hend certain

Offenders.

meanor upon summary Conviction, by virtue of this Act, may be grieved to appre taken into Custody without a Warrant by any Constable, or may be apprehended by the Owner of the Property on or with respect to which the Offence shall be committed, or by his Servant or any Person authorized by him, and may be detained until he can be delivered into the Custody of a Constable to be dealt with according to Law; and every such Constable may also stop, search, and detain any Vessel, Boat, Cart, or Carriage in or upon which there shall be Reason to suspect that any thing stolen or unlawfully obtained may be found, and also any Person who may be reasonably suspected of having or conveying in any Manner any thing stolen or unlawfully obtained; and any Person to whom any Property shall be offered to be sold, pawned, or delivered, if he shall have reasonable Cause to suspect that any such Offence has been committed with respect to such Property, or that the same or any Part thereof has been stolen or otherwise unlawfully obtained, is hereby authorized, and if in his Power is required, to apprehend and detain, and as soon as may be to deliver such Offender into the Custody of a Constable, together with such Property, to be dealt with according to Law.

LXVII. And be it enacted, That it shall be lawful for any Removing Constable to stop and detain, until due Inquiry can be made, all Furniture to Carts and Carriages which he shall find employed in removing evade Rent. the Furniture of any House or Lodging between the Hours of Eight in the Evening and Six in the following Morning, or whenever the Constable shall have good Grounds for believing that such Removal is made for the Purpose of evading the Payment of Rent.

riages, &c. of Offenders may be detained.

LXVIII. And be it enacted, That whenever any Person having Horses, CarCharge of any Horse, Cart, 'Carriage, or Boat, or any other Animal or Thing, shall be taken into the Custody of any Constable under the Provisions of this Act, it shall be lawful for any Constable to take charge of such Horse, Cart, Carriage, or Boat, or such other Animal or Thing, and to deposit the same in some Place of safe Custody, as a Security for Payment of any Penalty to which the Person having had Charge thereof may become liable, and for Payment of any Expences which may have been necessarily incurred for taking charge of and keeping the same; and it shall be lawful for any Magistrate before whom the Case shall have been heard to order such Horse, Cart, Carriage, or Boat, or such other Animal or Thing, to be sold, for the Purpose of satisfying such Penalty, and reasonable Expences in default of Payment thereof, in like Manner as if the same had been subject to be distrained, and had been distrained for the Payment of such Penalty and reasonable Expences.

LXIX. And be it enacted, That every Person taken into Custody by any Constable belonging to the Metropolitan Police, without Warrant, except Persons detained for the mere Purpose of ascertaining their Name or Residence, shall be forthwith delivered into the Custody of the Constable in charge of the nearest Station House, in order that such Person may be secured until he can be brought before a Magistrate, to be dealt with according to Law, or may give Bail for his Appearance before a Magistrate,

Persons apprehended without Warrant to be

taken to the Station House.

Power to take Recognizances at Station

Houses on petty
Charges.

Power to bind over Persons

making

Charges.

Condition of
Recognizance.

Penalty for Offences for which no Penalty is appointed.

Not to repeal
Local Acts
containing
Penalties.

Meaning of the Word Magistrate.

if the Constable in charge shall deem it prudent to take Bail in the Manner herein-after mentioned.

LXX. And be it enacted, That whenever any Person charged with any Offence of which he is liable to be summarily convicted before a Magistrate, or with having carelessly done any Hurt or Damage, shall be, without the Warrant of a Magistrate, in the Custody of any Constable of the Metropolitan Police in charge of any Station House during the Time when the Police Courts shall be shut, it shall be lawful for such Constable, if he shall deem it prudent, to take the Recognizance of such Person, with or without Sureties, conditioned as herein-after mentioned.

LXXI. And be it enacted, That whenever any Person charged with any Felony, or any Misdemeanor punishable by Transportation, or other grave Misdemeanor, shall be, without Warrant, in the Custody of any Constable of the Metropolitan Police, at any Station House, during the Time when the Police Courts shall be shut, it shall be lawful for the Constable in Charge of the Station House to require the Persons making such Charge to enter into a Recognizance conditioned as herein-after mentioned, and upon his or her Refusal so to do it shall be lawful for such Constable, if he shall deem it prudent, to discharge from Custody the Person so charged, upon his or her Recognizance, with or without Sureties,

conditioned as herein-after mentioned.

LXXII. And be it enacted, That every Recognizance so taken shall be without Fee or Reward, and shall be conditioned for the Appearance of the Person thereby bound before a Magistrate of the District in which such Station House shall be situated, at his next Sitting, and the Time and Place of Appearance shall be speci fied in the Recognizance; and the Constable shall enter in a Book, to be kept for that Purpose at every such Station House, the Name, Residence, and Occupation of the Party, and his Surety or Sureties (if any) entering into such Recognizance, together with the Condition thereof, and the Sum thereby acknowledged, and shall return every such Recognizance to the Magistrate present at the Time and Place when and where the Party is bound to appear.

LXXIII. And be it enacted, That for every Misdemeanor or other Offence against this Act for which no special Penalty is herein-before appointed, the Offender shall, at the Discretion of the Magistrate before whom the Conviction shall take place, either be liable to a Penalty not more than Five Pounds, or be imprisoned for any Time not more than One Calendar Month in any Gaol or House of Correction within the Jurisdiction of such Magistrate.

LXXIV. Provided always, and be it enacted, That nothing herein contained shall be construed to prevent any Person from being indicted for any indictable Offence made punishable on summary Conviction by this Act, or to prevent any Person from being liable under any other Act or Acts to any other or higher Penalty or Punishment than is provided for such Offence by this Act, so nevertheless that no Person be punished twice for the same Offence.

LXXV. And be it enacted, That in the Construction of this Act the Word ، Magistrate" shall be taken to mean and include every Justice of the Peace appointed to be a Magistrate of the Police Courts of the Metropolis, and also every Justice of the Peace

acting in and for any Part of the Metropolitan Police District for which no Police Court shall be established.

any

to be tried.

LXXVI. And be it enacted, That every such Magistrate shall Offences how be empowered summarily to convict any Person charged with Offence against this Act, on the Oath of One or more Witnesses or by his own Confession, and to award the Penalty or Punishment herein provided for such Offence; and the Matter of such Complaint shall be heard and determined by One of the Justices appointed to be a Magistrate of the Police Courts of the Metropolis at one of the said Police Courts; or if the Offence shall have been committed or the Offender apprehended in any Part of the Metropolitan Police District for which no Police Court shall be established as aforesaid, the Matter of such Complaint may be also heard and determined by any Two or more Justices acting in and for the County in which the Offence was committed or the Öffender apprehended.

LXXVII. And be it enacted, That in every Case of the Adjudication of a pecuniary Penalty or Amends under this Act, and Nonpayment thereof, it shall be lawful for the Magistrate to commit the Offender to any Gaol or House of Correction within his Jurisdiction for a Term not more than One Calendar Month, where the Sum to be paid shall not exceed Five Pounds, the Imprisonment to cease on Payment of the Sum due; and the Costs for the Recovery thereof, and so much of every such pecuniary Penalty as shall not be awarded to the Informer or other Persons who have contributed to the Conviction, shall be paid to the Receiver of the Metropolitan Police for the Purposes of this Act; and the Residue thereof, under the Direction of the Magistrate by whom the same shall have been adjudged, shall be paid and applied either to the Use of the Informer alone or to the Use of such Persons as shall have contributed to the Conviction of the Offender, in such Shares and Proportions as such Magistrate shall think fit.

If Penalty is not paid the Offender may be committed.

LXXVIII. And be it enacted, That in the Construction of this Interpretation Act, unless there be something in the Context repugnant there- Clause. unto, any Word denoting the Singular Number or the Male Sex shall be taken to extend to any Number of Persons or Things and to both Sexes; and that all Things herein authorized to be done by the Commissioners of Police of the Metropolis may be done by either of them.

LXXIX. And be it enacted, That this Act shall be construed as one Act with the said Act passed in the Tenth Year of the Reign of King George the Fourth for the Improvement of Police in and near the Metropolis; and that all the Provisions of the said Act, except so far as is herein otherwise provided, shall extend to this Act, and to all Things done in execution of this Act.

This Act to be construed with 10 G. 4. c. 44.

LXXX. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended, &c. Parliament.

CAP.

3&4 W. 4. c. 91.

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An Act to amend Two Acts, of the Third and Fourth and Fourth and Fifth Years of His late Majesty King William the Fourth, for consolidating and amending the Laws relative to Jurors and Juries in Ireland.

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[17th August 1839.]

HEREAS an Act was passed in the Session of Parliament held in the Fourth and Fifth Years of the Reign of His 4 & 5 W. 4. c. 8. late Majesty King William the Fourth, intituled An Act to amend an Act passed in the last Session, for consolidating and amending 'the Laws relative to Jurors and Juries in Ireland, reciting that by an Act passed in the last Session of Parliament, intituled An 'Act for consolidating and amending the Laws relative to Jurors ' and Juries in Ireland, it was amongst other things enacted, "that 'the Justices assembled at every October General or Quarter Ses'sions of the Peace to be holden in each Division of each County at large, and the Justices for and in each County of a City and County of a Town, in Ireland, should, at a Sessions to be holden at October in every Year, fix a Place within such Division, and within such Counties of Cities and Counties of Towns respectively, and also a Time not less than Two nor more than Three 'Calendar Months after the first Day of such General or Quarter Sessions, for holding a Special Sessions for the Purpose of examining the Lists of Jurors in the said Act mentioned, pursuant to the Provisions thereof therein-after contained;" and further reciting, that "the Periods so prescribed for the holding of such 'Special Sessions had been found inconvenient, by reason of their approaching so nearly to the End of the current Year as not to 'leave convenient Time for the making out of the Jurors Book for the next ensuing Year;" and it was by the said Act of the Fourth and Fifth Years of His said late Majesty enacted, "that the Justices assembled at any October General or Quarter Sessions of the Peace to be holden in each Division of each County at large, and each County of a City and County of a Town, in Ireland, should fix a Place within such Cities and Counties of Towns respectively, and also a Time not less than One Lunar 'Month nor more than Six Weeks after the first Day of such • October General or Quarter Sessions, for holding a Special Sessions for the Purpose of examining the List of Jurors, as by the 'said Act of the Third and Fourth Years of the Reign of His said late Majesty directed, and that the several Provisions and Clauses of the said last-mentioned recited Act, relating to the Special Sessions, thereby directed to be fixed at the October Sessions, should be extended and applied to and be in force with respect to the Special Sessions by the said Act of the Fourth and Fifth Years of the Reign of His said late Majesty required to be 'fixed:" And whereas in some Places the Provisions of the said Acts, or of either of them, have not been carried into operation by reason of the Want of a sufficient Number of Justices attending upon the Day fixed for the holding of a Special Sessions for the Purpose of examining the List of Jurors:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the

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Lists have not been duly held, the Lord Lieutenant may appoint a Special Sessions for

the Purpose.

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 every Case in which in any County at If Special large or any Division thereof, or in any County of a City or County Sessions for of a Town, such Special Sessions shall not be effectually held for examining Jury the Purpose aforesaid, whether by reason of a sufficient Number of Justices not attending, or by reason of a Day or Place not being fixed for the holding of such Sessions, or for any other Cause, it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, by Warrant under his or their Hand or Hands, of which a Copy shall be published in the Dublin Gazette and in some one Newspaper circulating in such County, to fix any Day not sooner than Fourteen Days from the Publication of the same in such Gazette, and also a Place in such County or Division, or County of a City or County of a Town, for holding a Special Sessions for the Purpose of examining the List of Jurors, as in the said Act of the Third and Fourth Years of the Reign of His said late Majesty is directed; and that the several Provisions and Clauses of the said last-mentioned Act relating to the said Special Sessions, thereby directed to be fixed at the October Sessions, shall be extended and applied to and be in force with respect to the Special Sessions to be fixed by virtue of this Act.

II. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parlia

ment.

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CA P. XLIX.

An Act to make better Provision for the Assignment of
Ecclesiastical Districts to Churches or Chapels augmented
by the Governors of the Bounty of Queen Anne; and for
other Purposes.
[17th August 1839.]

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WF

HEREAS an Act was passed in the Fifty-eighth Year of
the Reign of His Majesty King George the Third, inti-

Act may be amended, &c.

tuled An Act for building and promoting the building of addi- 58 G. 3. c. 45. tional Churches in populous Parishes: And whereas another Act

was passed in the Fifty-ninth Year of the Reign of His said

Majesty King George the Third, intituled An Act to amend and 59 G. 3. c. 134. render more effectual an Act passed in the last Session of Parlia

ment, for building and promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the Third Year of the Reign of His Majesty King

George the Fourth, intituled An Act to amend and render more 3 G. 4. c. 72. effectual Two Acts passed in the Fifty-eighth and Fifty-ninth

Years of His late Majesty, for building and promoting the build

ing of additional Churches in populous Parishes: And whereas another Act was passed in the Fifth Year of the Reign of His

' said Majesty King George the Fourth, intituled An Act to make 5 G. 4. c. 103. further Provision, and to amend and render more effectual Three

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Acts passed in the Fifty-eighth and Fifty-ninth Years of His late

Majesty, and in the Third Year of the Reign of His present
Majesty, for building and promoting the building of additional
Churches in populous Parishes: And whereas another Act was
passed in the Seventh and Eighth Years of the Reign of His

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