c. 44. 1852. exceeding the penalties hereinbefore imposed, and upon every 15 & 16 Vic. such adjudication to order the party complained against to pay British stat. to the party suing for the same the sum of money sued for, or so much thereof as such justices shall think the complainant justly entitled to, together with, in every case, the costs of the proceedings; and if the monies and costs mentioned in such conviction or adjudication be not paid immediately, or within the time limited thereby, it shall be lawful for any two of such justices, so acting as aforesaid, by warrant (and although the written order of conviction or adjudication, or any minute thereof, may not have been served), to cause the party offending to be committed to gaol, there to be imprisoned, with or without hard labour, according to the discretion of such justices, for any term not exceeding three calendar months, unless such monies and costs be sooner paid and satisfied: Provided always, That in all proceedings taken under this act, for which no form is herein expressly provided, it shall be lawful to use forms similar, as nearly as circumstances will admit, to those contained in the schedule to an act passed in the session of parliament holden in the 11th and 12th years of the reign of her present majesty, cap. 43. (a) stipendiary and in Scot riffs, &c., to ers as jus 74. Every police or stipendiary magistrate, and in Scotland Police and every sheriff or steward and sheriff substitute or steward substi- magistrate, tute of a county or stewartry within his own county or stewartry, land sheshall have such and the like powers, privileges, and functions, have the and be entitled to exercise such and the like jurisdiction under same powthis act, as any justice or two justices, or justices at petty tices of the sessions have, or is, or are entitled to exercise under the peace. 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. 16 VIC. c. 19.] To amend the 31 Geo. II. c. 19, relating to the 16 VIC. c. 19. Harbonrs of this Island. ISLD. [March 15th, 1853.] Island Act. 1853. 16 Vic. c. 19.] Whereas by the act of this Island, 71 Geo. II. c. 19, it is provided that no wreck or wrecks shall be sunk, or ballast thrown into any of the roadsteads or harbours of this island, under a penalty of £100 then current money of this island: And whereas the offence of throwing ballast into the Justices (a) Vide SUMMONS, CONVICTIONS. (Post.) As to the powers of jurisdiction of justices under the highway laws, vide IN- may enforce 1853. penalties for 16 Vic. e. 19. harbours of this island is of frequent occurrence, and it is expedient Island Act. that a more summary mode of proceeding should be provided for the repression of the same: Be it enacted that the justices in throwing petty sessions shall have power on complaint made before them, harbour or of the throwing of any ballast, stones, or rubbish, into any of the roadsteads roadsteads or harbours of this island, to inflict a penalty not exceeding £20 upon any person who shall have been proved and convicted before them to have been guilty of such offence; and such penalty shall be proceeded for and enforced under the provisions of the 13 Vic. c. 35. (a) of the island. 16 & 17 VIC. cap. 107. 16 and 17 VIC. c. 107.] An act to amend and consolidate the British etat. laws relating to the customs of the United Kingdom, and of the Isle of Man, and certain laws relating to trade and navigation, and the British possessions. 1853. Magistrates to proceed tion of of customs. BRIT. [20th August 1853.] 16 and 17 Vic. c. 107, sec. 239.] Whereas any person shall to convic have been detained, and taken before any justice, for being found smugglers in or discovered to have been on board any ship or boat within any certain port, bay, harbour, river, or creek of the United Kingdom, or the out an order Channel Islands, such ship or boat, having on board, or having had on board, sprits or tobacco, in such casks or packages as would under this or any other act relating to the customs subject the same to forfeiture, or for unshipping or for aiding or being concerned in the unshipping of any spirits or tobacco, liable to forfeiture under this or any other act relating to the customs, or excise, or for carrying, conveying, or concealing of, or for aiding or being concerned in the carrying, conveying, or concealing of any such spirits or tobacco, and it shall appear to such justice that the quantity of spirits in respect of which such person has been so detained does not exceed two gallons, or that the quantity of tobacco in respect of which such person has been so detained does not exceed ten pounds weight, such justice may proceed summarily upon the case without any information, and although no direction shall have been given by the commissioners of customs, and convict such person of such offence, and adjudge that such person shall, in lieu of any other penalty, forfeit any sum not less than the single value, nor more than treble the value of such goods, including the duties of importation due thereon, and in default of payment of such sum of money commit such person to any of her majesty's gaols for any time not exceeding one month. Where persons are taken befere shall have been detained for 240. When any person any offence against this or any other act relating to the customs, and taken a justice for before any justice, such justice may, if he see reasonable cause, (a) Vide SuM. CONVICTIONS. (Posi.) cap. 107.1 British stat. 1853. any offence order such person to be detained in gaol, or in the custody of 16 & 17 Vic. the police or constabulary force, a reasonable time, to obtain the order of the commissioners of customs or inland revenue, and to prepare the necessary informations, convictions, and warrants of commitments, and at the expiration of such time to be brought under any before him or any other justice or justices, who may then finally act relating hear and determine the matter; but any person so detained may toms, such be liberated on giving by recognizance security to the satis-order them faction of such justice in the sum of one hundred pounds, or in tained a the amount of the penalty sought to be recovered, to appear at reasonable such time and place as shall be appointed by such justice for admit to hearing the case. to cus justice may to be de time, or bail. may con liable to 273. When any information shall have been exhibited before Justices any justice for the forfeiture of any goods whatsoever seized under demn goods this or any act relating to the customs, it shall be lawful for such forfeiture. justice, and he is hereby required to summon the party to whom such goods belonged, or from whom they were seized, to appear before him or any other justice or justices, and such summons directed to the party being left at his last place of abode, or on board any ship to which such party may belong or have lately belonged, shall be deemed to have been sufficiently served, and upon his or their appearance or default such justice or justices may proceed to the examination of the matter, and upon due proof that the goods are liable to forfeiture under this or any act relating to the customs may condemn the said goods. adjoining required. 276. When the attendance of a justice having jurisdiction in Justice of the county where the offence is committed cannot be conveniently courts may obtained; it shall be lawful for any magistrate of any neighbour- act when ing or adjoining county to that in which the offence was deemed to be committed, to hear and determine any information exhibited before him, and to have the same powers and authorities in all respects as to any proceedings under this or any other act relating to the customs as if he were a justice for the county in which the offence was committed or deemed to be committed. counties to current cities, in such 277. Where any offence against this or any act relating to Justices of the customs, shall be committed in any city, borough, liberty, have condivision, franchise, or town corporate, any justice or justices jurisdiction having jurisdiction therein, and any justice or justices of any boroughs. county within which the same is or are situated, shall have jurisdic- &c., situate tion to hear and determine the same; and all powers vested in any counties. justice or justices of the peace by virtue of this act shall be and the same are hereby vested in and may be exercised in the Isle of Man, or the Channel Islands by the governor, deemster, or other magistrates of the said isle or islands; and for the purposes of this act the jurisdiction of the magistrates of the borough of Gravesend in the county of Kent shall be decmed to cap. 107. 16 & 17 Vic. extend on the river Thames, from Yantlet Creek to Broadness British stat. Point in the Northfleet Hope, and shall include every part of the said river between those limits respectively. 1853. Justice may commit in default of payment of until paid. penalty Officers of customs warrants of commitment. 278. In case of the non-payment of any penalty incurred for any offence in respect of which the offender is not liable to detention, such justice or justices or any other justice or justices, may, by warrant under his or their hand and seal, commit such party to any of her majesty's gaols within his or their jurisdiction, there to remain until the penalty shall be paid. 279. Such warrants may be executed in any part of the United may execute Kingdom by any officer of customs, and such justice or justices are hereby also authorized and required, when such party is convicted of any offence for which the punishment of hard labour is inflicted, to commit such party by such warrant to any house of correction, there to be kept to hard labour for such time as may be authorized by this or any other act relating to the Justices may miti ties in cer customs. 280. Where any person shall or may be convicted before any gate penal justice or justices as aforesaid in any penalty or penalties tain cases to incurred as aforesaid, and except as is hereinafter provided, the one fourth. said justice or justices may, in cases where, upon consideration of the circumstances they shall deem it expedient so to do, and for a first offence only, mitigate the payment of the said penalty or penalties so as the sum to be paid by such person be not less than one fourth part of the amount of the penalty in which such person shall have been convicted. Justices' Fees. 10 ANNE c. 4. Island Act. 1711. 10 ANNE, c. 4.] An act for regulating fees. 10 Anne, c. 4, sec. 16.] To the justices of the peace: For every warrant ISLD. [May 19,1711.] 121 2 3 363 For every examination, affidavit, mittimus, and re- For every recognizance 17. To the constable, for every warrant served (b) 0 (b) These are old currency sums. Clerks to the Justices. 26 GEO. II. c. 14.] For settling and ascertaining the fees of 26 GRO. II. clerks to justices of the peace. BRIT. [1753.] c. 14. British stat. 1753. settle a table taken by by the judge 26 Geo. II. c. 14. sec. 1.] Wheareas some doubts have arisen touching the fees due to clerks of justices of the peace: and whereas it would tend to the due execution of the laws, and to the ease of the subject, that the fees to be taken by the said clerks should be ascertained: Be it therefore enacted, That the Justices to justices of the peace throughout that part of Great Britain called of fees to be England, at their respective general quarter-sessions of the peace their clerks; shall, and they are hereby required to make and settle a table of the fees which shall be taken by clerks to justices of the peace within the county, city, or other division, for which such respective general quarter-sessions shall be held; and such respective tables to be ratified of fees being approved by the justices of the peace at the next of assize. succeeding general quarter-sessions of the peace for such county, city, or other division, with such alterations as such justices of of the peace so assembled shall think proper, shall be laid before the judges at the next assizes, or at the great sessions for the principality of Wales, and counties palatine of Chester, Lancaster, and Durham, for the respective county, city, or other division; and the said judges are hereby authorized and required to ratify and confirm such respective tables of fees, in such manner and form as the same shall be made, settled, and approved of by the said justices, or with such alterations, additions or abatements, as to such judges shall appear to be just and reasonable; and it shall and may be lawful for the said justices of the Justices peace, in their respective quarter-sessions assembled, from time may make to time to make any other table of fees to be taken, instead of of fees; the fees contained in the table which shall have been ratified and confirmed by the judges of assize; and after the same shall have been approved by the justices of the peace at the next succeeding general quarter-sessions, in manner as aforesaid, to lay such new to be ratified tables of fees before the judges at the next assizes, or at the great manner. sessions for the principality of Wales and counties palatine of Chester, Lancaster and Durham, who are hereby empowered and authorized to approve and ratify the same in manner as aforesaid, if they think fit; but no table of fees to be made and settled by the said respective justices of peace shall be of any validity or effect whatsoever until the same shall be ratified and confirmed by the said judges. (a) (a) By 27 Geo. II. c. 16, the Table in Middlesex is to be ratified by Chief Justices, &c. new tables in the same |