3 s. 2. & 3.G. B. tinued. Proviso as to persons who s. 4. Proviso as to promissory costs, &c. This act as amended by 53 Gen. 3. c. 19 54 Geo, 3. c. 4. & 114. is continued to 5 weeks after the commencement The 52 Geo. 3. of the then next session of parliament by the 54 Geo. 3. c. 157. conc. 4. s. 2. which further provides, (s. 3.) that all persons who shall have originally issued or have been concerned in the original issuing or circulation of any such tokens, and their respective executors and administrators, shall be liable, upon demand made of the value denoted recovering value upon the tokens issued by such persons, to pay the same; of tokens from and the amount of money or value denoted upon any such issued them, tokens, either by letters, &c. or otherwise, may be recovered by the bearer or holder thereof, in any action, &e. against the person who shall have originally issued, or been concerned in the original issuing or circulation of such tokens, in like manner as the amount of any promissory note, payable to bearer and issuable by law, may now be recovered. Provided (s. 4.) that nothing in this act shall authorize the issuing of any promissory note, not being a token com posed of gold or silver, which cannot now be issued by notes. law. This act (s. 5.) also contains an exception of the S. 5. tokens issued, &c. by the bank of England or Ireland. Exception of And provides (s. 6.) that the penalties imposed by this act s. 6. shall be recoverable, as if the clauses of the 52Geo.3.c.157. Penalties how were made part of this act. But the 57 Geo. 3. c. 113. E. &. W. recites, that the governor and company of the bank 57 Geo.3.c.113, of England did cause to be coined, or stamped and circulat- Circulation of ed, a large quantity of silver dollars; and did also issue and bank dollars circulate, a quantity of silver pieces called tokens, for the sums of three shillings, and one shilling and six-pence; and that in consequence of the recent circulation of the new current silver coin, it becomes unnecessary to continuè the said dollars and tokens in circulation, &c.; and therefore enacts, that after the 25th March, 1818, the said dollars or tokens shall no longer pass or circulate, or be received in payment or exchange, or otherwise; and that in case any person shall, after the said 25th March, 1818, utter, offer, or tender in payment, or give in exchange, or pass, circulate, or put off any such dollar or tokens, whe VOL. II. 2 s ther ⚫ The penalty for passing or circulating such tokens which was not to exceed £20, by the 52 Geo. 3. c. 157. s. 2. is limited so as not to exceed 10. by the 55 Geo. 3. c. 114. and 54 Geo. 3. c. 4. bank tokens. recovered. E. & W. and tokens to cease after March 25, 1818. Penalty for afterwards circulating them. old silver. 11. ther the value thereof shall be paid or given in money or goods, or in any other manner, every person so offending, and being thereof convicted upon the oath of one credible witness, before one of his majesty's justices of the peace acting for the county, &c. within which such offence shall be committed, shall, for every such dollar or token so uttered, &c. forfeit any sum not exceeding £5. nor less than 40s. at the discretion of the justice or justices of the peace who shall hear, &c. such offence; provided that nothing in this act shall prevent any person from presenting any such dollars or tokens for payment to the bank of England, at any time before the 25th March, 1820, or to any of their officers or servants, or to discharge or excuse the said governor and company from their liability to pay the same before the said 25th March, 1820: provided also that nothing herein shall prevent any person, after the 25th day of March next, from selling or disposing of such May be sold as dollars or tokens as old silver, according to the weight thereof, at the current price of silver, and without regard to the nominal or current value at which the same shall have been circulated. And by s. 2. it shall be lawful for Jurisdiction of any justice of the peace, acting for the county, &c. within which any offence against this act shall be committed, to hear the same in a summary way; and such justice, upón any information exhibited, or complaint made upon oath in that behalf, shall summon the person accused, and also the witnesses on either side, and shall examine into the matter of fact, and upon due proof made thereof, either by the voluntary confession of the person accused, or by the oath of a credible witness, convict the offender, and adjudge the penalty. And by s. 3. if any person shall be summoned as a witness to give evidence before such justice, either on the part of the informer or prosecutor, or of the person accused, and shall neglect or refuse to appear at the time or place to be for that purpose appointed, without a reasonable excuse for such his neglect or refusal, to be allowed by such justice, such person shall forfeit for every such offence £20, to be levied and paid in such manner as directed for recovery of other penalties under s. 2. justices in respect to such offences. Witnesses not attending forfeit £20. day of this act. By s. 4. the conviction of any offender or wit- A. B. having appeared of his majesty's justices S. 4. Form of conviction. Conviction re ter sessions. s. 5. "of the peace [as the case may be] for the county, riding, "city, or place, [as the case may be] and due proof having "been made upon oath by one or more credible witness " or witnesses, or by confession of the party, [as the case "may be,] is convicted of [specifying the offence]. Given “under my hand and seal, [or our hands and seals,] the "day and year aforesaid": which conviction the said justice, &c. shall cause to be returned to the next general quarter turned to quarsessions of the peace of the county, &c. where such conviction was made, to be filed by the clerk of the peace, and kept amongst the records of such county, &c. Provided (s. 5.) that the clerk of the peace for any county, &c. shall, upon application made to him by any person for Clerk of the that purpose, cause a copy of any conviction filed by him peace to give under the directions of this act, to be forthwith delivered to such person, upon payment of 1s. for every such copy. By s. 6. the pecuniary penalties made payable upon any conviction against this act, shall be forthwith paid by the person convicted as follows; one moiety to levied, &c. the informer, the other to the poor of the parish or place where the offence shall be committed; and in case such person shall refuse or neglect to pay the same, or to give sufficient security to the satisfaction of such justice, &c. to prosecute an appeal, such justice shall by warrant, &c. cause the same to be levied by distress, &c. together with all costs and charges attending such distress, &c. which warrant shall be in the following manner; stable, headborough, or tythingman of "Whereas A. B. of To the con in the county of "is this day convicted before me [or us] one [or more] of "[or copies. s. 6. Penalties how Form of warrant of distress. S. 7. or appearance. 66 "said A. B. hath [here set forth the offence] contrary to 66 to of "who informed me [or us, as the case shall be] of the "said offence, and the other half of the said sum of to the overseer of the poor of the parish, township "or place, where the offence wascommitted, to be employed "for the benefit of such poor, returning the overplus, if "any, upon demand, to the said A. B. the reasonable charges of taking, keeping, and selling the said distress, "being first deducted; and if sufficient distress cannot be "found of the goods and chattels of the said A. B. "whereon to levy the said sum of 66 you certify the same to me, that then [or us as the case shall be] Given under my hand and day of ." By s. 7. it Securities taken shall be lawful for such justice, &c. to order such offender to be detained in safe custody, until return may, conveniently, be made to such warrant, unless the person so convicted shall give sufficient security, to the satisfaction of such justice, for his appearance before said justice, &c. on such day as shall be appointed by said justice for the day of the return of the said warrant, (such day not exceeding 5 days from the taking of such security,) which security the said justice may take by way of recognizance or otherwise. And by s. 8. if upon such return no sufficient Offenders com- distress can be had, then the said justice shall commit mitted for want of distress; un- such offender to the common gaol or house of correction s. 8. - of and security s. 9. of the county, &c. where the offence shall be committed, less notice of for 3 calendar months, unless the money forfeited shall be appeal be given sooner paid, or unless or until such offender shall give thereon. notice to the informer, that he intends to appeal to the justices of the peace at the next general quarter sessions of the peace to be holden for the county, &c. wherein the offence shall be committed, and shall enter into recognizance before some justice, with 2 sufficient sureties, conditioned to try such appeal, and to abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions; which notice of appeal being given not less than 8 days before the trial thereof, the said justices at such sessions, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall hear the matter of such appeal, in a summary way, and award such costs to the parties appealing or appealed against as said justices shall think proper; and the determination of such quarter sessions shall be final. By s. 9. no person shall be disabled from being a witness in any prosecution for any offence against this act, by Parishoners reason of his being an inhabitant of the parish, &c. wherein such offence was committed. And by s. 10. no proceeding touching the conviction of any offender No certiorari, against this act shall be quashed for want of form, or be fc. to remove removed by certiorari, or any other writ or process, into any court of record at Westminster, or elsewhere. By s. 11. any action, &c. against any person for any thing done in pursuance of this act, shall be commenced Pleading, &c. within 3 calendar months after the fact committed; and in actions brought for any shall be brought within the county where such fact was thing done under committed; and the defendant may plead the general' issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by the authority of this act; and if the same shall appear to have been so done, or if any such action, &c. shall be brought after the time limited for bringing the same, or be brought or laid in any other place than as afore-mentioned, then the jury shall find for the defendant; or if the plaintiff shall become nonsuit, or discontinue his action after the defendant shall have appeared, or if upon demurrer judg ment witnesses. s. 10. convictions. s. 11. this act. |