gaged in any Manufacture, Trade, Occupation, or Employment to which this Act extends, and shall not be the Father, Son, or Brother of any such Person.

XXVI. And be it enacted, That all Forfeitures and Penal- Application of ties upon Convictions under this Act not specially provided for Penalties. shall be paid to the Sheriff or other proper Officer of the County, City, Borough, or Place in which such Conviction shall take place, for Her Majesty's Use, and shall be returned to the Court of Quarter Sessions, under the Provisions of an Act passed in the Third Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the more speedy Return 3 G. 4. c. 46. and levying of Fines, Penalties, and Forfeitures, and Recognizances

estreated.

summary Con

XXVII. And be it enacted, That in every Case of summary Scale of ImConviction or Adjudication under this Act, not specially pro- prisonment on vided for, where the Sum forfeited or adjudged to be paid, or victions not which shall be imposed as a Penalty, by any Justice or Justices specially proof the Peace, together with Costs, if awarded, which Costs such vided for. Justice or Justices is and are hereby authorized to award, if he or they shall think fit, in any Proceeding, Adjudication, or Conviction under this Act, shall not be paid immediately, or within such Period as the said Justice or Justices shall direct, or where a Warrant of Distress shall be issued, and no sufficient Distress shall be found, it shall be lawful for the convicting Justice or Justices to commit the Offender to the Common Gaol or House of Correction, there to be imprisoned, with or without hard Labour, according to the Discretion of the said Justice or Justices, for any Term not exceeding Two Calendar Months, when the Amount of the Sum forfeited or adjudged to be paid, or of the Penalty imposed, together with Costs, shall not exceed Five Pounds, and for any Term not exceeding Three Calendar Months in any other Case, unless the Amount and Costs be sooner paid.

XXVIII. And be it enacted, That the Justices before whom Form of Conany Person shall be convicted of any Offence against this Act viction.

may cause the Conviction to be drawn up on Paper or Parchment in the following Form of Words, or in any other Form of Words to the like Effect, and with such Variations as the Case shall require; (that is to say,)

6

to wit.

E it remembered, That on the

}BE

in the

in the Year of our Lord
of

Day of

at

C.D. is con'victed before us, A. B. and J.P., Two of Her Majesty's Justices of the Peace for the said for that he the said

C.D. [here specify the Offence, and the Time and Place where the same was committed, as the Case may be], and we do adjudge that the said C.D. shall for the said Offence forfeit and pay "[here state the Penalty actually imposed, or the Penalty and also the Sum adjudged as the Value of the Articles or the Amount of the Injury, as the Case may be], and also pay the Sum of for Costs [if so ordered]; and we direct that shall be paid to E. F., the Party aggrieved,

⚫ the Sum of

Appeal to Quarter Sessions in certain

Cases.

or next ensuing], and that the Sum of

• the

Day of

[instant or next ensuing], be paid and applied according to the Direction of the Statute in such Case made and provided [or, as the Case may be], and that the Sum of for Costs shall be paid to the Complainant [if so ordered]. Given under our Hands and Seals the Day and Year first above written.'

XXIX. And be it enacted, That in all Cases of summary Conviction under this Act, where the Sum adjudged to be paid shall exceed Twenty Shillings, or the Imprisonment shall exceed One Calendar Month, 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 held for the County, City, Borough, or Place where such Conviction shall have been made, (such Person at the Time of such Conviction giving to the Justices so convicting, or to the Justice so presiding at the Court of Petty Sessions at which such Conviction shall take place, Notice in Writing of his Intention to appeal, and also entering into a Recognizance at the Time of such Notice, with Two sufficient Sureties, conditioned personally to appear at the said Sessions, and to try such Appeal, and to abide the Judgment of the Court thereupon, and to pay such Costs as shall by the Court be awarded); and upon such Notice being given and such Recognizance being entered into the Justice or Justices 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 Confirmation of the Conviction the said Court shall order and adjudge the Offender to pay such Costs, if any, as shall be awarded, and shall, if necessary, issue Process for enforcing Payment of the same; and it shall be lawful for the said Court, or, on the Production of a Certificate under the Hand of the Clerk of the Peace for the said County, City, Borough, or Place, or his Deputy, for any Justice or Justices of the Peace for such County, City, Borough, or Place, either immediately or at any Time thereafter, to issue a Warrant of Distress and Sale, or a Warrant for the Apprehension and Commitment of such Offender for such Period of Time as, together with the Days during which such Person so convicted shall have been imprisoned, if any, previously being discharged by reason of such Appeal, shall amount to the same Period or Term of Imprisonment for which such Person was adjudged to be imprisoned at the Time of Conviction, or to issue a Warrant of Distress and Sale, and if there be no sufficient Distress, a Warrant of Apprehension and Commitment, as the Case may require, in like Manner, in all respects, as any Justice or Justices could or might have done in case no Notice of Appeal had been given.

XXX. And

for Want of

XXX. And be it enacted, That no Order or Conviction, or Proceedings not Proceedings touching the same respectively, nor Adjudication to be quashed made or Appeal therefrom, shall be quashed for Want of Form, Form, or be or be removed by Certiorari or otherwise into any of Her removed by Majesty's Superior Courts of Record; and that no Warrant of Certiorari. Commitment shall be held void by reason of any Defect therein, provided it be therein alleged that it is founded on a Conviction, and there be a good and valid Conviction to sustain the same; and that where any Distress shall be made for levying any Money by virtue of this Act the Distress itself shall not be deemed unlawful, nor the Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Warrant, Conviction, Warrant of Distress, or other Proceedings relating thereto, nor shall the Party distraining be deemed a Trespasser from the Beginning on account of any Irregularity afterwards committed by him, but the Person aggrieved by such Irregularity may recover full Satisfaction for the special Damage (if any) upon an Action on the Case.

this Act.

XXXI. And be it enacted, That for the Protection of Limitation of Persons acting in the Execution of this Act all Actions and Actions against Persons acting Prosecutions for Damage to be commenced against any Person in Execution of for any thing done in pursuance of this Act shall be laid and tried in the County where the Fact was or is charged to have been committed, and shall be commenced within Two 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 General Issue. Defendant may plead the General Issue, or, in case of any Action of Replevin, may avow generally that the Goods and Chattels in question were taken under and by virtue of this Act, and may give this Act and the special Matter in Evidence

at the Trial to be had thereupon; and no Plaintiff shall recover Tender of in any such Action if Tender of sufficient Amends shall have Amends. been made before such Action brought, nor if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Defendant or Avowant: Provided always, that in all such Actions of Damages the Plaintiff' shall be bound to establish, not merely that Damages have been suffered by him, but that the same have been wilfully and maliciously caused by the Defendant or Avowant.

this Act.

XXXII. And be it enacted, That nothing in this Act con- Offences comtained shall extend to any Person for any Öffence committed mitted before against the said herein-before recited Acts or any of them before the passing of this Act, but every such Offender shall and may be prosecuted and punished in the same Manner as if this Act had not been made.

XXXIII. And be it enacted, That nothing in this Act con- This Act not to tained shall extend to Scotland or Ireland, or be construed to extend to Scotextend to repeal any Act or Statute, or Part thereof, now in force, and not repealed by this Act.

land

or Ireland.

XXXIV. And

To what Trades this Act shall extend.

Construction

of Terms.

Commencement of Act.

Act may be

amended, &c.

XXXIV. And be it enacted, That this Act shall not extend or be construed to extend to any Manufacture, Trade, Occupation, or Employment, except only the Manufactures, Trades, Occupations, and Employments following; (that is to say,) the Manufacture of Woollen, Worsted, Linen, Cotton, Flax, Mohair, or Silk Materials in, on, or by the Stocking-frame, Warp Machine, or any other Machine employed in the Manufacture of Frame-work, knitted or looped Fabrics, and every Trade, Occupation, Operation, or Employment whatsoever connected with or incidental to the Manufacture of Stockings, Gloves, and other Articles of Hosiery.

XXXV. And be it enacted, That in all Cases under this Act the Singular is to include the Plural, and the Masculine the Feminine; and in an Indictment or Information for Offences against the Property of Partners, Joint Stock Companies, or Trustees, it shall be sufficient to lay the Ownership in the Name of One Partner or Trustee and another or others; that the Words "Woollen, Worsted, Linen, Cotton, Flax, Mohair, or Silk Materials," shall be construed to extend to any of the said Materials mixed with each other or with any other Material or Materials; and that the Words "Manufacture" and "Work" shall extend to all Trades, Occupations, Operations, and Employments whatsoever connected with or incidental to the Manufacture of any of the said Materials, or any Parts, Branches, or Processes thereof, and likewise to such Materials, whether the same or any Part thereof be or be not in the whole or in part first wrought, made up, or manufactured or converted into merchantable Wares.

XXXVI. And be it enacted, That this Act shall commence on the First Day of August One thousand eight hundred and forty-three.

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

3&4 Vict. c.110.

CAP. XLI.

An Act to continue to the First Day of August One thousand eight hundred and forty-four, and to the End of the then Session of Parliament, the Act to amend the Laws relating to Loan Societies.

[1st August 1843.] WHEREAS an Act was passed in the Fourth Year of

the Reign of Her Majesty, intituled An Act to amend 'the Laws relating to Loan Societies, which Act has been continued by sundry Acts, and it is expedient that the same should be further continued:' Be it enacted by the Queen's most Excellent Majesty, 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 the said Act shall be further continued to the First Recited Act Day of August in the Year One thousand eight hundred and further conforty-four, and, if Parliament be then sitting, to the End of the then Session of Parliament.

tinued.

CAP. XLII.

An Act to amend an Act of the Nineteenth and
Twentieth Years of King George the Third, for
empowering Grand Juries in Ireland to present
Bridges, and Tolls to be paid for passing the same,
in certain Cases.
[1st August 1843.]

WHEREAS by an Act passed in the Parliament of Ireland

in the Nineteenth and Twentieth Years of the Reign

of His late Majesty King George the Third, intituled An Act 19 & 20 G.3.(I.) for empowering Grand Juries to present Bridges, and Tolls to be paid for passing the same, in certain Cases, it was enacted, that, from and after the First Day of August One thousand 'seven hundred and eighty, every Grand Jury of any County or County of a City or County of a Town in Ireland, at any Assizes to be holden for the same, may authorize the building ⚫ of Bridges, and authorize and approve of certain Tolls to be charged thereon, as therein mentioned; and it was thereby further enacted, that it should and might be lawful for the Grand Jury of the County in which such Bridge should be situated, or, if situated in Two Counties, then for the Grand Juries of the said Counties, to redeem the Tolls, and to present for the Amount of the Purchase Money thereof: And whereas it would tend to the Public Advantage if the Bridges upon which Toll is charged were open to the Public free from Tolls: Be it therefore enacted by the Queen's most Excellent Majesty, 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 it shall and may be lawful for the Grand Jury or Power to purGrand Juries of any County and County of a City or Town in chase the Tolls of Bridges and Ireland, and they are hereby authorized and empowered, to open them to agree with the Companies, Commissioners, Corporations, or the Public free. Persons possessed of and interested in, and having any Lien or Incumbrance on, the Tolls payable on any Bridge upon which Toll is charged, situate in such Counties or Cities or Towns, or within Five Miles thereof, for the Purchase thereof, and the said Companies, Commissioners, Corporations, and Persons are hereby authorized to agree with the said Grand Jury or Grand Juries for the Sale thereof; and the said Grand Jury or Grand Juries shall take an Average of the Sums received for Tolls on such Bridge for Three Years immediately preceding such Agreement, and, according to such Average, [No. 23. Price 2d.]

Ꮓ

shall