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II. Penalties for Offences in Contravention of Acts, recoverable.
how recoverable, &c.—Appeal, &c.-Actions, &c. By stat. 4 Geo. IV. c. 64, s. 69, “All fines, forfeitures, and penalties Recovery and imposed by this act, or which shall be imposed by virtue of any rule to application be made in pursuance thereof, shall, on conviction of the offender before anyone 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 kear 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 hereinbefore particularly directed, shall be paid, from time to time, to the treasurer of the county, riding, divi
sion, district, city, town, or place, for the time being, and shall be apesplied 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 con- Form of convicricted before me, C. D., one of his Majesty's justices of the peace for the ~ of tion.
->fer that the said A. B. [specifying the offence, and the time and place when and shere 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
or to be imprisoned in for the space of — [as the case shall be]. Giren under my kand and seal the day and year first above mentioned.”
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 recognizanee 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. Fusive, to all intents and purposes.” Sect. 72. “That no order made touching any of the matters in this act Order or convic
tion not quashed Contained, nor any conviction of any offender against this act, shall be for
for want of form. Suashed for want of form, or be removed or removeable by certiorari*, No certiorari. by any other writ or process whatsoever into any of his Majesty's courts Sie. o record at Westminster; and that where any distress shall be made for Distress not al fine, penalty, or sum of money to be levied by virtue of this act, deerned unlawful
> for want of form. the distress itself shall not be deemed to be unlawful, nor the party Vol. III.
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 tres 4 Geo. 4, c. 64.
passer ab initio, on account of any irregularity which shall be afterwards done by the party distraining, but the person aggrieved by such intet larity shall and may recover full satisfaction for the special damali any) in an action upon the case; but no plaintiff shall recover in w action for such irregularity as aforesaid, if tender of sufficient and shall have been made by or on behalf of the party distraining baik
such action brought.” In action for exe. Sect. 73. “If any suit or action shall be prosecuted against any persa cuting act, general
for any thing done in pursuance of this act, such person may plead the issue (a).
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 a 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 joined
or if, upon demurrer or otherwise, judgment shall be given against the Double costs.
plaintiff, the defendant shall recover double costs (6), 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, le fore whom the trial shall be, shall certify his approbation of the action,
and of the verdict obtained thereupon.” Venue, where
Sect. 75. “ All actions, suits, and prosecutions to be commenced against laid (c).
any person for any thing done in pursuance of this act, shall be laid ed tried in the county where the facts were committed, and shall be cute menced within six calendar months after the fact committed, and otherwise."
XVIII. Some General Clauses of the 4 Geo. IV. c. 61,
5 Geo. IV. c. 85, and 2 & 3 Vict. c. 56. Stat. 4 Geo. IV. c. 64, intituled “ An Act for consolidating and amende ing the laws relating to the building, repairing, and regulating of certain gaols and houses of correction in England and Wales,” (passed 10th July, 1823, and by sect. 78, taking effect on the 1st September, 1820, sect. 1, after reciting, that the laws now existing relative to the building, repairing, and regulating of gaols and houses of correction in Ent: 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 provide for the safe custody, but shall also tend more effectually to pre serve the health and to improve the morals of the prisoners confine 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 stå 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 descrip. tion, see “Justices," post, “ Consta. ble, "Vol. I.
(6) 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., " Jetices," post.
ereto;" enacts, “That, from and after the commencement of this act 18. General st S eptember, 1823, s. 78], the several statutes and acts, and parts of clauses. acut es and acts, following, shall be repealed, so far as relates to such – ols ar prisons, or houses of correction, as this act shall extend to; (that 4 Geo. 4, c. 64. to ay), so much of a statute passed in the first year of the reign of ing Edward the Third, as relates to inquiry to be made of gaolers, 1 Edw. 3, s. 1, c. 7. mich , by duress, compel prisoners to appeal; and also, so much of a atue passed in the fourth year of the reign of the said King Edward 4 Edw. 3, c. 10. ne I Third, as relates to sheriffs and gaolors receiving offenders without aking any thing; and also, so much of a statute passed in the fourteenth 14 Edw. 3, s. 1, fear of the reign of the said King Edward the Third, as relates to the yuni shment of a gaoler compelling a prisoner by duress to become an appe over; and also, so much of an act passed in the seventh year of the 7 Jac. 1, c. 1. reign of King James the First, intituled 'An act for the due execution of di vers laws and statutes heretofore made against rogues, vagabonds, and turdy beggars, and other lewd and idle persons,' as relates to the pro
iding houses of correction, to the appointment, authority, and allowance sf the governor, and to his accounting to justices for persons committed
o his custody; and also, so much of an act passed in the nineteenth 19 Car. 2, c. 4, ss. fear of the reign of King Charles the Second, intituled An act for the 1, 2, 3, 5. relief of poor prisoners, and setting them to work,' as relates to the providing 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 the 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 6. 20, distressed prisoners for debt,' as relates to prisoners being allowed to send or vietuals and other necessaries, and to fees and charities, and to the eparation of felons and debtors; and also, an act passed in the eleventh and twelfth years of the reign of King William the Third, intituled 11 & 12 Will. 3,
c. 19 (made perpeAn act to enable justices of peace to build and repair gaols in their
tual by 6 Geo. i, espective counties; any thing in an act made in the sixth year of the c. 19). reign of King George the First, for making perpetual any act or acts relating to the building and repairing of county gaols, to the contrary in anywise notwithstanding ; and also, so much of an act passed in the second year of the reign of King George the Second, intituled 'An Act 2 Geo. 2, c. 22. for the relief of debtors, with respect to the imprisonment of their persons, as relates to prisoners being allowed, by keepers of prisons and gaols, to send for victuals and other necessaries, and to the taking of fees, 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 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 repairing 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 aet 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
is act shall extend ; and also, so much of an act passed in the seven- 17 Geo. 2, c, 5. enth year of the reign of the said King George the Second, intituled Un act to amend and make more effectual the laws relating to rogues, agabonds, and other idle and disorderly persons, and to houses of corection, as relates to the erecting, enlarging, and managing of houses of orrection, and the finding or turning out of masters of them for mis- . Sic. tehaviour; 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 oller things, for granting an additional duty upon spirituous liquors,
18. General and upon licenses for retailing the same, and for repealing an act of the clauses. twentieth year of King George the First, made, among other things, for
more effectually restraining the retailing of distilled spirituous liquors) 4 Gen. 4, c. 64.
as relates to the retailing of spirituous liquors in gaols, prisons, or hours 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 32 Geo. 2, c. 28. 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 the Second, for relief of debtors, with respect to the imprisonment of their 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 13 Geo. 3, c. 58. government of gaols and prisons; and also, an act passed in the thirteent!
year of the reign of his late Majesty King George the Third, intitule
An act for providing clergymen to officiate in gaols within that part d 14 Geo. 3, c. 59. Great Britain called England;' and also, an act passed in the fourteent)
year of the reign of his said late Majesty, intituled ' An act for presery
ing the health of prisoners in goal, and preventing the gaol distemper 22 Geo. 3, c. 64. and also, an act passed in the twenty-second year of his said late Ma
jesty's reign, intituled . An act for the amending and rendering man 24 Geo. 3, sess. 2, effectual the laws in being, relative to houses of correction ;' and alsa ce, 54, 55.
two acts passed in the twenty-fourth year of his said late Majesty's reigi the one made to explain and amend the hereinbefore 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 re
cited act of the twenty-second year of the reign of his said late Majesty 20 Geo. 3, c. 67. King George the Third ; and also, an act passed in the twenty-with
year of his said late Majesty's reign, intituled ' An act for the more di B1 Geo. 3, c. 46 (a). fectual execution of the laws respecting gaols ;' and also, an act paard
in the thirty-first year of his said late Majesty's reign, intituled 'An for the better regulating of gaols, and other places of confinement, es, cept only so much of the said act as relates to the imprisonment and employment in hard labour, in the common gaol of the county, of pria
soners sentenced to transportation, or to whom the royal mercy shall be 55 Geo. 3, c. 48. 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 power of the hereinbefore recited acts of the thirteenth and twenty-second
years of his said late Majesty's reign, for providing clergymen to officiate 58 Geo. 3, c. 32. 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 1ste
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 acl several matters herein mentioned. and parts of statutes and acts, are hereby repealed accordingly, and from
and after the commencement of this act shall cease and determine, 80
so far as relates to gaols and houses of correction to which this act shall Exception.
extend; save and except so far as the said acts, or any of them, repea
(a) The excepted provision is repealed by the 5 Geo. IV. c. 84, 8. 29, . "Vagrants," Vol. VI.
B sect. 76, and by 5 Geo. IV. c. 85, s. 27, “Nothing in this act con- 19. Schedules ine a shall extend to the royal hospital of Bethlehem and prison of and forms. ride well, nor to the King's Bench or Fleet prison, nor to the prison of
4 Geo. 4, c. 64. e arshalsea or Palace Courts, the general penitentiary at Milbank,
Proviso for the t o the penitentiary at Gloucester; nor [by stat. 4 Geo. IV. c. 64, prisons of Bride76 only] to any ships or vessels provided in any port or navigable well, King's
Bench, &c., ships ver for the reception and employment of convicts sentenced to trans- for convicts, so orta tion; nor to exempt any such convicts from any punishment or distipli se to which they were liable by law before the passing of this act.”
BS4 Geo. IV. c. 64, s. 9, “Nothing in this act contained shall extend Proviso for rights to te ke away, lessen, vary, alter, or affect any right, privilege, or fran- of mayors, &c. chies, which, before the passing of this act, any mayor, bailiff, or justice jurisdictions. 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 set of Parliament, to commit prisoners to the gaol or house of corTection of any county, riding, or division.”
Sect. 77. "Where any prison is situate on lands of the King's Ma- Proviso where jesty, in right of his royal crown, or of his duchy of Lancaster, or of the pris
prisons built on
crown land, &c. 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 con- Meaning of the text shall require a different construction, the word prison' shall be words
words ' prisons"
and "prisoners." 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 3 visitor duly appointed in prisons where there are no visiting justices; and the word "prisoners' sħall include persons committed to prison for want of bail or sureties, as well as persons charged with or convicted of many offence, or otherwise detained by legal authority.”