Turnpike Road, may be described as the Property of the Commissioners or Trustees of such Turnpike Road, without naming them; and all Property of any Persons described in any Act of of the Property Parliament now made or hereafter to be made, or in any Charter of Commisor Letters of Incorporation now in existence or hereafter to be sioners, &c. granted, as Commissioners, Directors, Trustees, or by any other general Designation whatsoever, may be described as the Property of such Commissioners, Directors, Trustees, or Persons described by such other general Designation, without naming them. and Abettors in 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 the Commission together with the principal Offender, or before or after his Con- of Offences. viction, and shall be liable on Conviction to the same Forfeiture 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. Provisions of 12 & 13 Vict. c. 69. as to Justices in one VI. And be it enacted, That such of the Provisions and Enactments in the Act aforesaid passed in this present Session of Parliament, intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Quarter Sessions in Ireland, County, &c. with respect to Persons charged with Indictable Offences, whereby acting for a Justice of the Peace for one County, Division, Liberty, City, another to exBorough, or Place may act for the same whilst residing or being tend to this in an adjoining County, Division, Liberty, City, Borough, or Place Act. of which he is also a Justice of the Peace, or whereby a Justice of the Peace for any County at large, Division, or Liberty may act as such within any City, Town, or Precinct next adjoining thereto or surrounded thereby, being a County of itself or otherwise having exclusive Jurisdiction, as are applicable to the Provisions of this Act, shall be deemed to be incorporated into this Act, and to extend to all Acts required of or to be performed by Justices of the Peace under or by virtue of this Act, in as full and ample a Manner as if the said Provisions and Enactments were here repeated and made Parts of this Act. Evidence; VII. And be it enacted, That if it shall be made to appear to Power to Jusany Justice of the Peace, by the Oath or Affirmation of any tice to summon credible Person, that any Person wi in the Jurisdiction of such Witnesses to Justice is likely to give material Evidence in behalf of the Pro- attend and give secutor or Complainant or Defendant, and will not voluntarily appear for the Purpose of being examined as a Witness at the Time and Place appointed for the Hearing of such Information or Complaint, such Justice may and is hereby required to issue his Summons (G. 1.) to such Person under his Hand and Seal, requiring him to be and appear at a Time and Place mentioned in such Summons before the said Justice, or before such other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place as shall then be there, to testify what he shall know concerning the Matter of the said Information or Complaint; and if any Person so summoned shall neglect or refuse If Summons be to not obeyed, Justices may in certain Cases may issue War rant in the first to appear at the Time and Place appointed by the said Summons, issue Warrant; and no just Excuse shall be offered for such Neglect or Refusal, then (after Proof upon Oath or Affirmation of such Summons having been served upon such Person, either personally or by leaving the same for him with some Person at his last or most usual Place of Abode, and that a reasonable Sum was paid or tendered to him for his Costs and Expenses in that Behalf,) it shall be lawful for the Justice or Justices before whom such Person should have appeared to issue a Warrant (G. 2.) under his or their Hands and Seals to bring and have such Person, at a Time and Place to be therein mentioned, before the Justice who issued the said Summons, or before such other Justice or Justices of the Peace for the same County, Division, Liberty, City, Borough, or Place as shall then be there, to testify as aforesaid, and which said Warrant may, if necessary, be backed as herein-before is mentioned, in order to its being executed out of the Jurisdiction of the Justice who shall have issued the same; or if such Justice shall be satisfied by Evidence upon Oath or Affirmation, that it is probable that such Person will not attend to give Evidence without being compelled so to do, then, instead of issuing such Summons, it shall be lawful for him to issue his Warrant (G. 3.) in the first instance, and which, if necessary, may be backed as aforesaid; and if on the Appearance of such Person so summoned before the said lastmentioned Justice or Justices, either in obedience to the said Summons or upon being brought before him or them by virtue of the said Warrant, such Person shall refuse to be examined upon Oath or Affirmation concerning the Premises, or shall refuse to take such Oath or Affirmation, or, having taken such Oath or Affirmation, shall refuse to answer such Questions concerning the Premises as shall then be put to him, without offering any just Excuse for such Refusal, any Justice of the Peace then present, and having there Jurisdiction, may by Warrant (G. 4.) under his Hand and Seal commit the Person so refusing to the Common Gaol or House of Correction for the County, Division, Liberty, City, Borough, or Place where such Person so refusing shall then be, there to remain and be imprisoned for any Time not exceeding Seven Days, unless he shall in the meantime consent to be examined and to answer concerning the Premises. instance. Persons appearing on Summons, &c., refusing to be examined, may be committed. Complaints for an Order need not be in Writing. As to Proceed ings upon Informations for Offences punishable on summary Con victions. VIII. And be it enacted, That in all Cases of Complaints upon which a Justice or Justices of the Peace may make an Order for the Payment of Money or otherwise it shall not be necessary that such Complaint shall be in Writing, unless it shall be required to be so by some particular Act of Parliament upon which such Complaint shall be framed. IX. And be it declared and enacted, That in all Cases of Informations for any Offences or Acts punishable upon summary Conviction any Variance between such Information and the Evidence adduced in support thereof as to the Time at which such Offence or Act shall be alleged to have been committed shall not be deemed material, if it be proved that such Information was in fact laid within the Time limited by Law for laying the same; and any Variance between such Information and the Evidence adduced in support thereof as to the Parish or Place in which the Offence or Act shall be alleged to have been committed shall not be deemed material, Variation nizance; material, provided that the Offence or Act be proved to have been committed within the Jurisdiction of the Justice or Justices by whom such Information shall be heard and determined; and if The Party any such Variance, or any Variance in any other respect between charged, if such Information and the Evidence adduced in support thereof, deceived by shall appear to the Justice or Justices present and acting at the between InforHearing to be such that the Party charged by such Information mation and has been thereby deceived or misled, it shall be lawful for such Evidence, may Justice or Justices, upon such Terms as he or they shall think be committed fit, to adjourn the Hearing of the Case to some future Day, and or discharged in the meantime to commit (D.) the said Defendant to the House upon Recog. 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 Recognizance (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: Provided but if he fail always, that in all Cases where a Defendant shall be discharged to re-appear, the Justice may upon Recognizance as aforesaid, and shall not afterwards appear transmit the at the Time and Place in such Recognizance mentioned, then the Recognizance said Justice who shall have taken the said Recognizance, or any to the Clerk of Justice or Justices who may then be there present, upon certifying the Peace. (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 primâ facie Evidence of such Nonappearance of the said Defendant. Information. X. And be it declared and enacted, That every such Complaint Manner of upon which a Justice or Justices of the Peace is or are or shall be making Com authorized by Law to make an Order, and that every Information plaint or laying for any Offence or Act punishable upon Summary Conviction, unless some particular Act of Parliament shall otherwise require, may respectively be made or laid without any Oath or Affirmation being made of the Truth thereof; except in Cases of Informations where the Justice or Justices receiving the same shall thereupon issue his or their Warrant in the first instance to apprehend the Defendant as aforesaid, and in every such Case where the Justice When Warrant or Justices shall issue his or their Warrant in the first instance issued in the the Matter of such Information shall be substantiated by the Oath first instance, or Affirmation of the Informant, or by some Witness or Witnesses be upon Oath, on his Behalf, before any such Warrant shall be issued; and every &c. such Complaint shall be for One Matter of Complaint only, and not for Two or more Matters of Complaint; and every such Information shall be for One Offence only, and not for Two or more Offences; and every such Complaint or Information may be laid or made by the Complainant or Informant in Person, or by his Counsel or Attorney or other Person authorized in that Behalf. Information to XI. And be it enacted, That in all Cases where no Time is Time limited already or shall hereafter be specially limited for making any such for such Com. Complaint or laying any such Information in the Act or Acts of plaint or In. Parliament relating to each particular Case, such Complaint shall be made and such Information shall be laid within Six Calendar 12 & 13 VICT. T Months formation. As to the Months from the Time when the Matter of such Complaint or XII. And be it enacted, That, subject to the Provisions of an Act of the Seventh and Eighth Years of the Reign of King George Complaints and the Fourth, intituled An Act for the better Administration of Jus Informations. 7 & 8 G. 4. c. 67. and 6 & 7 W. 4. c. 34. Places in which Parties allowed Power to commit for Contempt of If Defendant does not appear, Justices may proceed to hear and determine, or issue Warrant, and adjourn the Hearing till Defendant is apprehended. tice at the holding of Petty Sessions by Justices of the Peace in Ireland, and an Act of the Sixth and Seventh Years of the Reign of King William the Fourth amending the same, every such Complaint and Information shall be heard, tried, determined, and adjudged by One or Two or more Justice or Justices of the Peace, as shall be directed by the Act of Parliament upon which such Complaint or Information shall be framed, or such other Act or Acts of Parliament as there may be in that Behalf; and if there be no such Direction in any such Act of Parliament, then such Complaint or Information may be heard, tried, determined, and adjudged by One or more Justice or Justices of the Peace for the County, Division, Liberty, City, Borough, or Place where the Matter of such Information shall have arisen; and the Room or Place in which such Justice or Justices shall sit to hear and try any such Complaint or Information shall be deemed an open and public Court, to which the Public generally may have Access, so far as the same can conveniently contain them; and the Party against whom such Complaint is made or Information laid shall be admitted to make his full Answer and Defence thereto, and to have the Witnesses examined and cross-examined by Counsel or Attorney on his Behalf; and every Complainant or Informant in any such Case shall be at liberty to conduct such Complaint or Information respectively and to have the Witnesses examined and cross-examined by Counsel or Attorney on his Behalf; and if any Person shall wilfully insult any Justice or Justices sitting in such Court, or any Justice or Justices sitting in any Court of Petty Sessions, or shall commit any Contempt of any such Court, it shall be lawful for such Justice or Justices, by any verbal Order, to direct such Person to be taken into Custody, and at any Time before the rising of such Court, by Warrant under his or their Hand and Seal, to commit such Person to any Gaol or Bridewell of the County for any Period not exceeding Seven Days, or to fine such Person in any Sum not exceeding Forty Shillings, which, in case of Nonpayment, may be levied in like Manner as other Fines or Penalties. XIII. And be it enacted, That if at the Day and Place appointed in and by the Summons aforesaid for hearing and determining such Complaint or Information the Defendant against whom the same shall have been made or laid shall not appear when called, the Constable or other Person who shall have served him with the Summons in that Behalf shall then declare upon Oath in what Manner he served the said Summons; and if it appear to the Satisfaction of any Justice or Justices that he duly served the said Summons, in that case such Justice or Justices may proceed to hear and determine the Case in the Absence of such Defendant, or the said Justice or Justices, upon the Nonappearance of such Defendant as aforesaid, may, if he or they think fit, issue his or their Warrant in manner herein-before directed, and shall adjourn the Hearing of the said Complaint or Information until the said Defendant shall be apprehended; and when If Defendant appear, and does not, Complainant, Justice may dismiss the Complaint, &c., or at Discretion adjourn Hearing and commit or discharge Defendant upon Recognizance; when such Defendant shall afterwards be apprehended under such Warrant he shall be brought before the same Justice or Justices, or some other Justice or Justices of the same County, Division, Liberty, City, Borough, or Place, who shall thereupon, either by his or their Warrant (H.), commit such Defendant to the House of Correction or other Prison, Lock-up House, or Place of Security, or, if he or they think fit, verbally to the Custody of the Constable or other Person who shall have apprehended him, or to such other safe Custody as he or they shall deem fit, and order the said Defendant to be brought up at a certain Time and Place before such Justice or Justices of the Peace as shall then be there, of which said Order the Complainant or Informant shall have due Notice; or if upon the Day and at the Place so appointed as aforesaid such Defendant shall attend voluntarily in obedience to the Summons in that Behalf served upon him, or shall be brought before the said Justice or Justices by virtue of any Warrant, then, if the Complainant or Informant, having had such Notice as aforesaid, do not appear, by himself, his Counsel or Attorney, the said Justice or Justices shall dismiss such Complaint or Information, unless for some Reason he or they shall think proper to adjourn the Hearing of the same unto some other Day, upon such Terms as he or they shall think fit, in which Case such Justice or Justices may commit (D.) the Defendant in the meantime to the House of Correction or other Prison, Lock-up House, or Place of Security, or to such other Custody as such Justice or Justices shall think fit, or may discharge him upon his entering into a Recognizance (E.), with or without Surety or Sureties, at the Discretion of such Justice or Justices conditioned for his Appear. ance at the Time and Place to which such Hearing shall be so adjourned; and if such Defendant shall not afterwards appear at but if he fail the Time and Place mentioned in such Recognizance, then the to re-appear, said Justice who shall have taken the said Recognizance, or any transmit the the Justice may Justice or Justices who may then be there present, upon cerRecognizance tifying (F.) on the Back of the Recognizance the Nonappearance to the Clerk of of the Defendant, may transmit such Recognizance to the Clerk the Peace. of the Peace of the County, Riding, Division, Liberty, City, Borough, or Place within which the Offence shall be laid to have been committed, to be proceeded upon in like Manner as other Recognizances, and such Certificate shall be deemed sufficient prima facie Evidence of such Nonappearance of the said Defendant; but if both Parties appear, either personally, or by their If both Parties respective Counsel or Attornies, before the Justice or Justices appear, Justice who are to hear and determine such Complaint or Information, to hear and then the said Justice or Justices shall proceed to hear and determine Case. determine the same. Informations. XIV. And be it enacted, That where such Defendant shall be Proceedings on present at such Hearing the Substance of the Information or Com- the Hearing of plaint shall be stated to him, and he shall be asked if he have Complaints and any Cause to show why he should not be convicted, or why an Order should not be made against him, as the Case may be, and if he thereupon admit the Truth of such Information or Complaint, and show no Cause or no sufficient Cause why he should not be convicted, or why an Order should not be made against him, as the Case may be, then the Justice or Justices present at the said T 2 Hearing |