17. Penalties, XVII. Penalties for Offences in Contravention of Acts, how recoverable, &c.—Appeal, &c.—Actions, &c. By stat. 4 Geo. IV. c. 64, s. 69, "All fines, forfeitures, and penalties imposed by this act, or which shall be imposed by virtue of any rule to be made in pursuance thereof, shall, on conviction of the offender before any one justice of the peace within his jurisdiction, be levied by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of such justice of the peace, who is hereby authorized to hear and examine witnesses on oath or affirmation, on any complaint, and to determine the same, and all such fines, forfeitures, and penalties, the application whereof is not herein before particularly directed, shall be paid, from time to time, to the treasurer of the county, riding, division, district, city, town, or place, for the time being, and shall be applied and disposed of in aid of the rate applicable to the purposes of this act, and to or for no other use or purpose whatsoever; and for want of sufficient distress, the offender shall be committed to the common gaol or house of correction for such term, not exceeding six calendar months, nor less than one month, as such justice shall think proper." Sect. 70, "For the more easy and speedy conviction of offenders against this act," enacts, "That the justice before whom any person shall be convicted of any offence against this act, shall and 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 happen; videlicet, "Be it remembered, That on, in the year of our Lord -, A. B. is convicted before me, C. D., one of his Majesty's justices of the peace for the of - for that the said A. B. [specifying the offence, and the time and place when and where the same was committed, as the case shall be], and the said A. B. is, for this said offence, adjudged by me, the said justice, to forfeit and pay the sum of L-, or to be imprisoned in for the space of· -, [as the case shall be]. Given under my hand and seal the day and year first above mentioned." how recoverable. Recovery and application of penalties. Form of conviction. Sect. 71. "Provided always, That if any person shall think himself or Appeal to quarter herself aggrieved by any conviction of any justice, in pursuance of this sessions, act, such person may appeal to the justices of the peace at any quarter sessions of the county, riding, division, district, city, town, or place wherein such conviction shall have taken place, within four calendar months after the cause of such complaint shall have arisen, such appellant first giving or causing to be given ten clear days' notice at least, in Notice. writing, of his or her intention to bring such appeal, and of the matter thereof, to the justice or justices before whom the conviction shall have been had, and to the clerk of the peace for the county, riding, or division, district, city, town, or place, in which such conviction shall have been had, and within two days after such notice, entering into recognizance before some justice for such county, riding, or division, district, city, town, or place, with two sufficient sureties, conditioned to try such appeal, and abide the order of, and to pay such costs as shall be awarded by, the justices at such session; and the justices at such session, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall hear and finally determine the matter of such appeal in a summary way, and award such costs to the parties ap- Costs. pealing or appealed against, as they the said justices shall think proper; and the determination of such session shall be final, binding, and con- Final. clusive, to all intents and purposes." Order or conviction not quashed for want of form. No certiorari. Sic. Sect. 72. "That no order made touching any of the matters in this act contained, nor any conviction of any offender against this act, shall be quashed for want of form, or be removed or removeable by certiorari*, by any other writ or process whatsoever into any of his Majesty's courts. of record at Westminster; and that where any distress shall be made for Distress not any fine, penalty, or sum of money to be levied by virtue of this act, for want of form. the distress itself shall not be deemed to be unlawful, nor the party VOL. III. D D deemed unlawful 4 Geo. 4, c. 64. 18. General making the same be deemed a trespasser, on account of any defect or clauses. want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto; nor shall such party be deemed a trespasser ab initio, on account of any irregularity which shall be afterwards done by the party distraining, but the person aggrieved by such inlarity shall and may recover full satisfaction for the special dama any) in an action upon the case; but no plaintiff shall recover in y action for such irregularity as aforesaid, if tender of sufficient amends shall have been made by or on behalf of the party distraining be such action brought." In action for exe issue (a). Sect. 73. "If any suit or action shall be prosecuted against any persen cuting act, general for any thing done in pursuance of this act, such person may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done by authority of this act; and if a verdict shall pass for the defendant, or the plaintif shall become nonsuit, or discontinue his or her action after issue joine or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover double costs (b), 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, se plaintiff shall not have costs against the defendant, unless the judge, be fore whom the trial shall be, shall certify his approbation of the action and of the verdict obtained thereupon." Double costs. Venue, where laid (c). Sect. 75. "All actions, suits, and prosecutions to be commenced against any person for any thing done in pursuance of this act, shall be laid and tried in the county where the facts were committed, and shall be menced within six calendar months after the fact committed, and not otherwise." 4 Geo. 4, c. 64. XVIII. Some General Clauses of the 4 Geo. IV. c. 64, 5 Geo. IV. c. 85, and 2 & 3 Vict. c. 56. certa Stat. 4 Geo. IV. c. 64, intituled" An Act for consolidating and amend ing the laws relating to the building, repairing, and regulating of gaols and houses of correction in England and Wales," [passed 163 July, 1823, and by sect. 78, taking effect on the 1st September, 180, sect. 1, after reciting, that "the laws now existing relative to the building, repairing, and regulating of gaols and houses of correction in Eng land and Wales, are complicated, and have in many cases been found ineffective; and that it is expedient that such measures should be adopted, and such arrangements made in prisons, as shall not only pro vide for the safe custody, but shall also tend more effectually to pre serve the health and to improve the morals of the prisoners confined therein, and shall insure the proper measure of punishment to convicted offenders; and that due classification, inspection, regular labour and employment, and religious and moral instruction, are essential to the discipline of a prison, and to the reformation of offenders; and that the present laws directing the separation, superintendence, employment, and instruction of prisoners, require to be amended and enlarged, and to be more uniformly and strictly carried into effect; and it is therefore expedient that the most useful provisions contained in the several sta tutes and acts, and parts of statutes and acts hereinafter mentioned, should be consolidated, and that some new provisions should be added (a) As to enactments of this description, see "Justices," post, "Constable, "Vol. I. (b) But now, by the 5 & 6 Vict. c. 97, s. 2, the defendant is entitled to no more costs than what will fully indemnify him. See post, tit. "Justices." (c) See “Constable,” Vol. I.,“ Justices," post. 18. General clauses. 4 Geo. 4, c. 64. ereto;" enacts, "That, from and after the commencement of this act st September, 1823, s. 78], the several statutes and acts, and parts of tutes and acts, following, shall be repealed, so far as relates to such ols or prisons, or houses of correction, as this act shall extend to; (that o say), so much of a statute passed in the first year of the reign of ng Edward the Third, as relates to inquiry to be made of gaolers, 1 Edw. 3, s. 1, c. 7. ich, by duress, compel prisoners to appeal; and also, so much of a tute passed in the fourth year of the reign of the said King Edward 4 Edw. 3, c. 10. Third, as relates to sheriffs and gaolors receiving offenders without c. 10. king any thing; and also, so much of a statute passed in the fourteenth 14 Edw. 3, s. 1, ear of the reign of the said King Edward the Third, as relates to the unishment of a gaoler compelling a prisoner by duress to become an prover; and also, so much of an act passed in the seventh year of the 7 Jac. 1, c. 1. ign of King James the First, intituled 'An act for the due execution divers laws and statutes heretofore made against rogues, vagabonds, and rdy beggars, and other lewd and idle persons,' as relates to the proding houses of correction, to the appointment, authority, and allowance the governor, and to his accounting to justices for persons committed c. 20, ss. 10, 13. 11 & 12 Will. 3, tual by 6 Geo. i, his custody; and also, so much of an act passed in the nineteenth 19 Car. 2, c. 4, ss. ar of the reign of King Charles the Second, intituled An act for the 1, 2, 3, 5. elief of poor prisoners, and setting them to work,' as relates to the proiding stocks for setting such prisoners to work, and to the removal of prisoners on occasion of sickness; and also, so much of an act passed in he twenty-second and twenty-third years of the reign of the said King 22 & 23 Car. 2, Charles the Second, intituled An act for the relief and release of poor istressed prisoners for debt,' as relates to prisoners being allowed to send r victuals and other necessaries, and to fees and charities, and to the paration of felons and debtors; and also, an act passed in the eleventh nd twelfth years of the reign of King William the Third, intituled An act to enable justices of peace to build and repair gaols in their espective counties; any thing in an act made in the sixth year of the eign of King George the First, for making perpetual any act or acts lating to the building and repairing of county gaols, to the contrary in nywise notwithstanding; and also, so much of an act passed in the econd year of the reign of King George the Second, intituled An Act 2 Geo. 2, c. 22. or the relief of debtors, with respect to the imprisonment of their perns, as relates to prisoners being allowed, by keepers of prisons and ols, to send for victuals and other necessaries, and to the taking of fe, and the making and hanging up tables thereof, and to inquiries concerning the same, and to the hearing of complaints of extortion against gaolers, and examining into gifts and legacies for the benefit of poor prisoners, and hanging up tables thereof; and also, so much of an c.19). act passed in the fourteenth year of the reign of the said King George 14 Geo. 2, c. 33. the Second, intituled An act to supply some defects in the laws for reparing and rebuilding county bridges, for repairing, enlarging, erecting, and providing houses of correction, and for passing rogues and vagabonds, as relates to repairing, enlarging, and building houses of correction, and to buying houses and lands for that purpose; and also, so much of an act passed in the sixteenth year of the reign of the said King George 16 Geo. 2, c. 31, the Second, intituled 'An act for the further punishment of persons who shall aid or assist prisoners to attempt to escape out of lawful custody,' * relates to the escape of prisoners from any gaol or prison to which this act shall extend; and also, so much of an act passed in the seven- 17 Geo. 2, c. 5. teenth year of the reign of the said King George the Second, intituled An act to amend and make more effectual the laws relating to rogues, vagabonds, and other idle and disorderly persons, and to houses of correction,' as relates to the erecting, enlarging, and managing of houses of correction, and the finding or turning out of masters of them for mis- • Sic. behaviour; and also, so much of an act passed in the twenty-fourth 24 Geo. 2, c. 40. Year of the reign of the said King George the Second (made, among other things, for granting an additional duty upon spirituous liquors, 18. General clauses. 4 Gen. 4, c. 64. 32 Geo. 2, c. 28. 13 Geo. 3, c. 58. 14 Geo. 3, c. 59. 22 Geo. 3, c. 64. 24 Geo. 3, sess. 2, cc. 54, 55. 29 Geo. 3, c. 67. and upon licenses for retailing the same, and for repealing an act of the twentieth year of King George the First, made, among other things, for more effectually restraining the retailing of distilled spirituous liquors) as relates to the retailing of spirituous liquors in gaols, prisons, or houses of correction, to the carrying of liquors into the same, to the search for such liquors, and to the hanging up of a copy of certain clauses of the said act in such gaols, prisons, or houses; and also, so much of an act passed in the thirty-second year of the reign of the said King George tha Second, for relief of debtors, with respect to the imprisonment of ther persons, as relates to prisoners being allowed to send for victuals a other necessaries, and to the settling, signing, reviewing, enrolling, and hanging up of tables of fees, rates, and benefactions, and rules for the government of gaols and prisons; and also, an act passed in the thirteenth year of the reign of his late Majesty King George the Third, intituled An act for providing clergymen to officiate in gaols within that part c Great Britain called England;' and also, an act passed in the fourteenth year of the reign of his said late Majesty, intituled An act for preserv ing the health of prisoners in goal, and preventing the gaol distemper;' and also, an act passed in the twenty-second year of his said late Majesty's reign, intituled An act for the amending and rendering more effectual the laws in being, relative to houses of correction;' and alsa, two acts passed in the twenty-fourth year of his said late Majesty's reiga the one made to explain and amend the herein before recited act, made in the eleventh and twelfth years of the reign of King William the Third, and the other made to explain and amend the hereinbefore recited act of the twenty-second year of the reign of his said late May King George the Third; and also, an act passed in the twenty-ninth year of his said late Majesty's reign, intituled An act for the more ef 31 Geo. 3, c. 46 (a). fectual execution of the laws respecting gaols;' and also, an act pased in the thirty-first year of his said late Majesty's reign, intituled 'An act for the better regulating of gaols, and other places of confinement, except only so much of the said act as relates to the imprisonment an employment in hard labour, in the common gaol of the county, of pr soners sentenced to transportation, or to whom the royal mercy shall be extended on condition of transportation; and also, an act passed in the fifty-fifth year of his said late Majesty's reign, for enlarging the powers of the herein before recited acts of the thirteenth and twenty-secend years of his said late Majesty's reign, for providing clergymen to officiate in gaols and houses of correction within England and Wales; and also, an act passed in the fifty-eighth year of his said late Majesty's reigt, to amend so much of the said act of the fifty-fifth year of his said late Majesty's reign, as relates to the salaries of the clergymen officiating Repealed as to the chaplains in houses of correction; and the said several statutes and acts, and parts of statutes and acts, are hereby repealed accordingly, and from and after the commencement of this act shall cease and determine, s so far as relates to gaols and houses of correction to which this act shail extend; save and except so far as the said acts, or any of them, repeal any former act or acts, or any clause, matter, or thing therein; and also, save and except as to any proceeding for the punishment of any person for any offence which shall, before the commencement of this act, have been committed; and as to any presentment before that time made by any justice of the peace or grand jury; and as to any appointment before that time made by any officer or other person, to perform any duties under the said recited acts, or any of them; and as to any rules and re gulations, acts, and deeds, before that time lawfully established, made, or done, under or by virtue of any one or more of the said acts; and as to the fulfilment of any contracts or agreements before that time lawfully made, under or by virtue or the said recited acts, or any of them.” 55 Geo. 3, c. 48. 58 Geo. 3, c. 32. several matters herein mentioned. Exception. (a) The excepted provision is repealed by the 5 Geo. IV. c. 84, s. 29, tit. "Vagrants," Vol. VI. By sect. 76, and by 5 Geo. IV. c. 85, s. 27, "Nothing in this act contained shall extend to the royal hospital of Bethlehem and prison of Bridewell, nor to the King's Bench or Fleet prison, nor to the prison of the Marshalsea or Palace Courts, the general penitentiary at Milbank, nor to the penitentiary at Gloucester; nor [by stat. 4 Geo. IV. c. 64, S. 76, only] to any ships or vessels provided in any port or navigable river for the reception and employment of convicts sentenced to transportation; nor to exempt any such convicts from any punishment or discipline to which they were liable by law before the passing of this act." By 4 Geo. IV. c. 64, s. 9, "Nothing in this act contained shall extend to take away, lessen, vary, alter, or affect any right, privilege, or franchise, which, before the passing of this act, any mayor, bailiff, or justice of the peace, for the time being, of any city, town, or liberty, having a separate jurisdiction, had, by means of any grant, charter, or special or local act of Parliament, to commit prisoners to the gaol or house of correction of any county, riding, or division." Sect. 77. "Where any prison is situate on lands of the King's Majesty, in right of his royal crown, or of his duchy of Lancaster, or of the duchy of Cornwall, such lands, with their appurtenances, shall remain for ever unalienable, so long as they shall be used for the purpose of such prison." Stat. 2 & 3 Vict. c. 56, s. 23, enacts "That in this act, unless the context shall require a different construction, the word 'prison' shall be taken to mean and comprise every gaol, house of correction, bridewell, penitentiary, lock-up house, or other place used for the confinement of persons charged with or convicted of any offence punishable by law; and the words 'visiting justices' shall be taken to mean and comprise a visitor duly appointed in prisons where there are no visiting justices; and the word 'prisoners' shall include persons committed to prison for want of bail or sureties, as well as persons charged with or convicted of any offence, or otherwise detained by legal authority." XIX. Schedules and Forms, List of. SCHEDULES to 4 Geo. IV. C. 64 List of Districts, &c. to which Act to extend, in addition to Counties, (No. 1). Mortgage, &c. on County Rate, for securing Money borrowed, (No. 2). Certificate, Route, and Description of discharged Prisoner, (No. 3). Declaration to Keeper of the Prison, (No. 5). SCHEDULE to 2 & 3 Vict. c. 56 Annual Return to Secretary of State, (No. 6). CONVICTION on 4 Geo. IV. c. 64, s. 40, for carrying Spirits into Prison, (No. 7). SCHEDULES TO WHICH STAT. 4 GEO. IV. c. 64, REFERS. Form of Mortgage and Charge upon the County Rate for securing the Money borrowed. We, A. B., one of his Majesty's justices of the peace, and chairman of the court of hath |