28 VICTORIA, No. 265. 52. In every case in which any person in any respect offends against this Part of this Act or any provision therein, where no other penalty in that behalf is by this Part specifically imposed, such for and recovery person shall for every such offence forfeit and pay on conviction a penalty or sum not exceeding twenty pounds. Cases not specially provided of penalties. Distress not unlawful for want of form. s. 21. 53. When any distress shall be made for any money to be levied by virtue of the warrant of any justice under this Part of this 8&9 Vict. c. 109 Act, the distress shall not be deemed unlawful nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the information summons warrant of apprehension conviction warrant of distress or other proceeding relating thereto, nor shall such party be deemed a trespasser from the beginning on account of any irregularity which shall be afterwards committed by him; but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage by an action on the case in any court of record. Tender of amends. Ib. s. 22. Limitation of actions. Ib. s. 23. Apprehension of offenders. 54. No plaintiff shall recover in any action for any irregularity trespass or other wrongful proceeding made or committed in the execution of the provisions of this Part of this Act or in or under or by virtue of any authority thereby given, if tender of sufficient amends be made by or on behalf of the party who has committed such irregularity trespass or other wrongful proceeding before such action brought; and in case no tender be made, the defendant in any such action may by leave of the court where such action depends at any time before issue joined pay into court such sum of money as he thinks fit, whereupon such proceeding order and adjudication shall be had and made in and by such court as in other actions where defendants are allowed to pay money into court. 55. No action suit or information or any other proceeding of what nature soever shall be brought against any person for anything done or omitted to be done in pursuance of the provisions of this Part of this Act or in the execution of the authorities thereunder, unless notice in writing be given by the party intending to prosecute such suit information or other proceeding to the intended defendant one month at least before prosecuting the same, nor unless such action suit information or other proceeding be brought or commenced within three months next after the act or omission complained of, or, in case there be a continuation of damage then, within three months next after the doing such damage shall have ceased. PART V.-MISCELLANEOUS. 56. Any person whosoever with or without warrant may apprehend any person found offending against the provisions of Parts I. II. or III. of this Act, and forthwith take and convey him before some justice to be dealt with in such manner as herein directed, or may deliver him to any constable or other peace officer to be so taken and conveyed as aforesaid; and any constable or other peace officer who refuses or wilfully neglects to take such offender into custody or to take and convey him before some justice or who does not use his best endeavors to apprehend and to convey before some justice any person that he shall find offending against any of the No. 265. said Parts of this Act shall be deemed guilty of a neglect of duty, 28 VICTORIA, and on conviction if such person have been found offending against the said Part III. shall be liable to the penalty hereinafter imposed, and if such person have been found offending against the said Parts I. or II., to a penalty not exceeding five pounds. 57. If any constable or other peace officer neglect his duty in Neglect of duty. anything required of him by Part III. of this Act, he shall for every such offence forfeit and pay any sum not exceeding twenty pounds, and in default of payment forthwith may be imprisoned for any term not exceeding three months or until such fine be paid. by inspector. 58. If the offence with which any person so apprehended is Offenders may be charged under Part I. or II. of this Act be not a serious one and the admitted to bail inspector or person in charge of the watch-house lock-up or police station in which such person is detained see fit so to do, he may liberate such person on his making deposit of ten pounds or on his own recognizance in the like sum conditioned to appear before some justice; and such deposit, if such person shall fail to appear at the place and time notified by the person taking the same, shall be absolutely forfeited; and such recognizance shall be made or be in such form and recoverable in the same manner as any recognizance now or hereafter may be if taken and acknowledged before some justice. offence may be set forth in words 59. Under parts I. and II. of this Act in every complaint or information for any penalty or forfeiture and in every conviction or of warrant of commitment for any penalty, and under Part III. in every conviction or commitment, and under Part IV. in every information in writing and in every conviction, it shall be sufficient to set forth the offence or cause of forfeiture (as the case may be) in the words of this Act. this Act. nature not to this Act. 60. If any justice before whom any information or complaint offences of a is brought under Parts I. or II. of this Act be of opinion that the more serious offence so charged does not properly come within the meaning and be tried under intention of the said Parts of this Act but that an offence of a higher or more heinous class has been committed, such justice may refuse to entertain any such information and complaint as under either of the said Parts, and deal with such information and complaint as if such higher or more heinous offence had been directly charged in any such information or complaint, whether the person charged has pleaded or not to such information or complaint. not to invalidate proceedings. 61. No warrant of commitment for any offence under Part I. want of form or II. of this Act shall be held void by reason of any defect in such warrant, nor shall any party be entitled to be discharged out of custody on account of such defect, provided it be alleged in such warrant that the said party has been convicted of such offence, and provided it shall appear to the court or judge before whom such warrant is returned that such conviction proceeded upon good grounds. 62. All offences and all penalties under this Act where not Procedure. otherwise provided for may be heard and determined and recovered in a summary way as follows: (1.) Under Parts I. and II. before any one justice: 28 VICTORIA, No. 265. Penalty and costs to be paid within by convicting justice on failure warrant of dis tress may issue or party be imprisoned. (11.) Under Part III. before one justice either on the view of such or any other justice or the confession of the offender or the oath of any credible witness: (III.) Under Part IV. with or without information in writing before two justices or (where the said Part so directs) before one justice. 63. The justice, by whom any person shall be convicted and any time ordered adjudged to pay any sum of money by way of fine forfeiture or compensation for any offence under Part I. or Part II. of this Act, may adjudge that such person shall pay the same, together with reasonable costs to be fixed by such justice, either immediately or within such period as the said justice shall think fit; and in case such sum of money shall not be paid at the time so appointed, the same shall be levied by distress and sale of the goods and chattels of the offender together with the reasonable charges of such distress; and for want of sufficient distress or in the discretion of such justice without making any such distress, such offender shall be imprisoned with or without hard labor in any gaol as to the convicting justice shall seem meet, for any term not exceeding one month where the sum remaining unpaid shall not exceed five pounds, and for any term not exceeding two months where such sum shall not exceed ten pounds, and for any term not exceeding six months where such sum shall exceed ten pounds; the term to cease in each of the cases aforesaid upon payment of the sum due. Appeal. Penalties appropriated. Want of form no certiorari. 64. If any person feel aggrieved by any summary judgment or conviction under Part III. or IV., he may appeal to the court of general sessions of the peace; and the proceedings on such appeal shall be in accordance with the provisions of any Act in force for the time being regulating such appeals. 65. All moneys arising from fines penalties and forfeitures under this Act shall be appropriated as follows unless otherwise specially directed :— (1.) Under Parts I. and II., if incurred in any corporate city (11.) Under Part III. one moiety to the consolidated revenue 66. No proceeding under Part III. and no information conviction warrant order or other proceeding before or by any justice or on appeal therefrom or for any offence under Part IV. of this Act shall be quashed for want of form; and none of the said proceedings nor any proceeding under Part I. or II. shall be removed into the Su- 28 VICTORIA, preme Court by certiorari. No. 265. under Part V. 67. The several provisions contained in this Part as to pro- Proceedings cedure appeal certiorari quashing for want of form and appropriation of moneys arising from fines penalties and forfeitures under the previous Parts respectively of this Act shall be applied in the prosecution of offences mentioned in this Part and to the proceedings relating thereto. resisting constables &c. 68. If any person resist or assault or incite or encourage any Assaulting or person to resist or assault any constable or the officer of the local authority in the execution of his duty, such person shall forfeit a penalty not exceeding twenty pounds or be liable to imprisonment for any period not exceeding three months; and the justice before whom any such case is heard may order and award besides any such penalty a sum sufficient to cover any damage which any such constable or officer has sustained by such assault or resistance, such sum to be recoverable in the same manner as the penalty. actions. 69. Every action which shall be brought against any justice Limitation of constable or other person for or on account of any matter or thing done or committed by him or in execution of his duty or office under Part III. of this Act shall be commenced within three months after the cause of action or complaint shall have arisen and not afterwards; and if any person shall be sued as aforesaid, he may plead the general issue and give the special matter in evidence. corporations. 70. Nothing contained in Parts I. and II. of this Act shall This Act not to take from lessen or alter any powers or privileges now possessed by interfere with or which may hereafter be given to any corporate body; but the same may be exercised and enjoyed to the same extent as if this Act had not been passed. repealed. 71. Nothing in this Act contained shall be deemed to repeal Provisions of wholly or in part any of the provisions of the "Criminal Law and certain Acts not Practice Statute 1864" or of the "Licensed Carriages Statute 1864;" but no person shall be punished for the same offence under the said statutes or either of them and this Act. 72. If any person disturb or hinder any constable peace officer Obstructions to or other person in the execution of Part III. of this Act, every such officers. offender shall for every such offence forfeit and pay any sum not exceeding twenty pounds, and in default of payment forthwith shall be liable to imprisonment for any time not exceeding three months or until such fine be paid. 73. In every case under Part IV. of this Act the informer or Informer's costs. person prosecuting shall be entitled to his costs and charges to be ascertained and assessed by the justices before whom the case is heard. a claimed. 74. The Governor in Council may from time to time by notice Police districts in the Government Gazette proclaim any part of Victoria to be may be propolice district, and may in like manner from time to time revoke or alter any such notice. Wherever in any Act now or hereafter to be in force the words "police district" occur, they shall be deemed and taken to mean a police district so proclaimed as aforesaid. of constable WHEREAS it appears to me J.P. a justice of the peace in and for the [here describe the (L.S.) 186 |