c. 79. 14 & 15 Vic. peace out of sessions within England and Wales, with respect to British stat. Summary convictions.(a) 1851. Sheriffs in authorized under 11 1 Wm. IV. c. 69, to have same 35. Every sheriff in Scotland shall, within his own county Scotland and in all places in which sheriffs are authorized to exercise to exercise jurisdiction in virtue of the act of the session of 11 Geo. IV., jurisdiction and 1 Will. IV. c. 69, have such powers, and be entitled to Geo. IV. & exercise such jurisdiction under this act, as any justices have, or are entitled to exercise under the provisions of this act; and any powers, &c., proceedings instituted under this act before any such sheriff may as justices be conducted in the same way as any summary proceedings before any sheriff court in Scotland may, for the time being, be lawfully conducted; and every deliverance, sentence, and conviction, of any sheriff under this act shall be final, and not subject to any review whatsoever. under this act. 36. For the purpose of giving jurisdiction under this act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be. 15 & 16 VIC. c. 44. 15 and 16 VIC. c. 44.] To amend and consolidate the laws British stat. relating to the carriage of passengers by sea. 1852. stipendiary land she BRIT. [June 30th, 1852.] Police and 15 and 16 Vic. c. 44, sec. 4.] Every police or stipendiary magistrate, magistrate, and in Scotland every sheriff or steward, and sheriff and in Scot- substitute or steward substitute of a county or stewartry, within riffs, &c., to his own county or stewartry, shall have such and the like same power powers, privileges, and functions, and be entitled to exercise of the peace. such and the like jurisdiction under this act, as any justice or have the as justices two justices, or justices at petty sessions have, or is, or are entitled to exercise under the provisions of this act; and all acts, matters, and things competent to be done under the provisions of this act, by or before any justice, or two justices of the peace, or justices at petty sessions, or otherwise, may be done by and before any police or stipendiary magistrate, and in Scotland by and before any sheriff or steward, or sheriff substitute or steward substitute within his own county or stewartry. (a) See Jamaica act, 13 Vic. c. 35, a transcript of the act referred to. 16 and 17 VIC. c. 107.] The customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. cap. 107. British stat. 1853. Offences on the waters, &c., and 16 and 17 Vic. c. 107, sec. 275.] Where any offence shall be committed in any place upon the water not being within any county of the United Kingdom, or where the officers have any jurisdiction. doubt whether such place is within the boundaries or limits of any such county, such offence shall, for the purposes of this act, be deemed and taken to be an offence committed on the high seas; and for the purpose of giving jurisdiction under this act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the same actually was committed or arose, or in any place on land where the offender or person complained against may be or be brought. 31 ELIZ.C. 5. Engl. stat. 1589. In informa tion upon penal statute, the county offence was done must be ex pressed, &c. XX. LIMITATIONS. 31 ELIZ. c. 5.] Concerning informers. ENGL. [1589.] 31 Eliz. c. 5, sec. 2.] In any declaration or information to be had, brought, sued, or exhibited, the offence against any penal statute shall not be laid to be done in any other county but where the where the contract, or other matter alleged to be the offence, was in truth done: and every defendant in such action or information shall and lawfully may traverse and allege, that the offence supposed by the same suit to be committed, was not committed in the county where such offence is alleged; which being tried for the defendant, or if the plaintiff be thereupon nonsuit in his information or suit, then the plaintiff shall be barred in that action or information, any law or use to the contrary notwithstanding. Officers of record shall not be bound by this act. Certain offences whereof information may be county. 3. Provided always, That this act, nor anything herein contained, shall in any wise extend to any such officers of record as have, in respect of their offices, heretofore lawfully used to exhibit informations, or sue upon penal laws; but that they and every of them may inform and pursue in that behalf, as they might have done before the making of this act, anything in this act to the contrary in anywise notwithstanding. 4. And provided also, That this act, nor anything herein contained, shall extend to the laying or alleging of any offence in any declaration or information, for or concerning any champery, given in any buying of titles or extortions, or for the concealing or defrauding the queen's majesty, her heirs and successors, of any custom, tonnage, poundage, subsidy, impost, or prizage, or for any matter of corrupt usury; but that every such offence shall or may be laid in any county at the pleasure of any such informer, anything in this act to the contrary notwithstanding. Within suits upon 5. All actions, suits, bills, indictments, or informations, which what times shall be had, brought, sued, or exhibited, for any forfeiture, penal sta- upon any statute penal, made or to be made, whereby the forbe pursued. feiture is or shall be limited to the queen, her heirs or suc tute shall cessors only, shall be had, brought, sued, or exhibited, within two years next after the offence committed, or to be committed, against such act penal, and not after two years; and all actions, suits, bills, or informations, which shall be had, brought, sued, or commenced, for any forfeiture upon any penal statute, made or to be made, shall be had, brought, sued, or commenced, by any person that may lawfully pursue for the same as aforesaid, within one year next after the offence committed, or to be com Engl. stat. 1589. mitted, against the said statute; and in default of such pursuit, 31 ELIZ. c. 5. then the same shall be had, sued, exhibited, or brought, for the queen's majesty, her heirs or successors, at any time within two years after that year ended: and if any action, suit, bill, indictment, or information, for any offence against any penal statute made, or to be made, except the statute of tillage, shall be brought after the time in that behalf before limited: then the same shall be void and of none effect, any act or statute made to the contrary notwithstanding. informa limited by some sta 6. Provided always, That where any action, information, in- Actions, dictment, or other suit, is or shall be limited by any statute tions, &c., penal, to be had, sued, commenced, or brought within shorter time than is afore rehearsed; in every such case the action, tutes, to be information, indictment, or other suit, shall be brought within a shorter the time limited by such statute. sued within time. 4 and 5 WM. and MARY, c. 18.] To prevent malicious informations in the court of King's Bench. (a) ENGL. [1692.] 4 and 5 Wm. and Mary, c. 18, sec. 1.] Whereas divers malicious and contentious persons have more of late than in times past, procured to be exhibited and prosecuted informations in their majesties' court of King's Bench, at Westminster, against persons in all the counties of England, for trespasses, batteries, and other misdemeanors, and after the parties so informed against have appeared to such informations, and pleaded to issue, the informers do very seldom proceed any further, whereby the persons so informed against are put to great charges in their defence; and although at the trials of such informations verdicts are given for them, or a noli prosequi be entered against them, they have no remedy for obtaining costs against such informers: and whereas divers persons are prosecuted in the said court of King's Bench to outlawries for debts, trespasses, and other misdemeanors, and there is no reversing such outlawries but by the personal appearance of the persons outlawed, so that the persons arrested upon such outlawries (if poor) lie in prison till their deaths, but if able, it costs them very dear to reverse the same outlawries: for remedy whereof: 2. Be it enacted, That the clerk of the crown in the said (a) The proceeding by outlawry is not known in this colony; and when we consider the oppressive purposes to which that process may be applied, and the unfair advantage which one creditor may thereby obtain over another, we do not 4 & 5 WILL. & MARY. Engl. stat. 1692. & MARY 1692. Clerk of the crown to exhibit no issue process till prosecutor has given recognizance, &c. dum to be filed. Defendant shall have costs, &c. 4 & 5 WILL court of King's Bench, for the time being, shall not, without Engl. stat. express order to be given by the said court, in open court, exhibit, receive, or file any information for any of the causes aforesaid, or issue out any process thereupon, before he shall have taken, or shall have delivered to him a recognizance from informa- the person or persons procuring such information to be extion, except hibited, with the place of his, her, or their abode, title, or court, nor profession, to be entered, to the person or persons against whom such information or informations is or are to be exhibited, in the penalty of twenty pounds, that he, she, or they, will effectually prosecute such informations or information, and abide by and observe such orders as the said court shall direct, which recognizance the said clerk of the crown, and also every justice of the peace of any county, city, franchise, or town corporate (where the cause of any such information shall arise) are hereby Memoran- empowered to take; after the taking whereof by the said clerk of the crown, or the receipt thereof from any justice of the peace, the said clerk of the crown shall make an entry thereof upon record, and shall file a memorandum thereof in some public place in his office, that all persons may resort thereunto without fee; and in case any person or persons against whom any information or informations for the causes aforesaid, or any of them, shall be exhibited, shall appear thereunto and plead to issue, and that the prosecutor or prosecutors of such information or informations shall not, at his and their own proper costs and charges, within one whole year next after issue joined therein, procure the same to be tried; or if upon such trial a verdict pass for the defendant or defendants, or in case the said informer or informers procure a noli prosequi to be entered; then, in any of the said cases, the said court of King's Bench is hereby authorized to award to the said defendant and defendants, his, her, or their costs, unless the judge, before whom such information shall be tried, shall, at the trial of such information, in open court, certify upon record, that there was a reasonable cause for exhibiting such information; and in case the said informer or informers shall not, within three months next after Remedy for the said costs taxed, and demand made thereof, pay to the said defendant or defendants the said costs, then the said defendant and defendants shall have the benefit of the said recognizance, to compel them thereunto. costs. Outlawry versed by attorney, except, &c. 3. And, for the more easy and speedy reversing of outlawries may be re- in the said court, Be it enacted, That no person or persons whatsoever, who are or shall be outlawed in the said court for any cause, matter, or thing whatsoever (treason and felony only excepted), shall be compelled to come in person into, or appear in person in, the said court to reverse such outlawry, but shall or may appear by attorney, and reverse the same without bail, in all cases, except where special bail shall be ordered by the said court. |