which the offence shall have been committed, notwithstanding any penalty may be payable to the overseers of the poor of such parish. By section 12. In every case of a conviction under that act, As to convicwhere the sum awarded for damage or injury done, or imposed as a tions. penalty by any justice for any offence contrary to that act, shall not be paid either immediately upon or after the conviction, or within such period as such justice shall appoint, such Justice (unless where otherwise specially directed) may commit the offender to the common gaol or house of correction, to be imprisoned,-or imprisoned and kept to hard Jabour, not exceeding fourteen days, where the sum or sums, with costs, shall not exceed 57. ;-and not exceeding two calendar months where the amount, with costs, shall exceed 57.;—the commitment to be determinable upon payment. By section 13. Upon information within fourteen days a justice may summon the party accused; and in default of appearance may proceed exparte. Section 14. gives the form of a conviction. By section 15. Any summons to be deemed sufficiently served in case either the summons or a copy be served personally on such person, or be left at his usual or last known place of abode, in whatever county situated. By section 16. If any constable or other peace officer shall refuse or neglect to serve or execute any summons or warrant, on being convicted thereof before any justice, he shall forfeit a sum not exceeding 57., and in default of payment shall be committed-not exceeding one calendar month, unless the penalty shall be sooner paid. By section 17. One moiety of penalties shall be paid to the overseers of the poor of the parish, and the other moiety, with full costs, to the person who shall inform and prosecute, or to such other person as to the justice shall seem fit; and every sum of money ordered to be paid as the amount of any damage or injury, shall be paid to the person who shall or may have sustained such damage or injury. Mode of proceeding for penalties, &c. Form of conviction. What a sufficient service of summons. Penalty on constable, &c., refusing or neglecting to serve summons, &c. Distribution of penalties, &c. By section 18. Any person making an information, or other Informants or person, shall be a competent witness, notwithstanding he may be others not disentitled to any part of the penalty on the conviction of qualified. any offender. By section 19. All actions and prosecutions against any person for Limitation any thing done under the act, shall be commenced within one calendar of actions. month and not afterwards, and shall be brought in the county or place where the cause of action shall arise, and not elsewhere; and notice in writing of any action, specifying the cause to be given to the defendant fourteen clear days before the commencement of any action; the defendant may plead the general issue, and if defendant succeeds he shall have costs as between attorney and client; but if the plaintiff succeeds he is not to have costs unless the judge certifies. sions. By section 20. Any person aggrieved by any adjudication or Appeal to conviction made by any justice, may appeal, on giving fourteen days quarter sesnotice of the cause and matter thereof to such justice, to the next quarter sessions to be held next after the expiration of the said fourteen days. Section 21. Construction of terms used in the act. By 3 & 4 W. 4. c. 19. s. 28. All the provisions of 21 G. 3. c. 67. shall be in force within five miles from Temple Bar; and certain penalties are imposed upon persons for hunting or driving cattle contrary to that act. D The Lord don, the Lord Chancellor, the judges, the aldermen, recorder, and Central Criminal Court. By 4 & 5 W. 4. c. 36. A Metropolitan Court of Oyer and Terminer, and General Gaol Delivery, bearing this name, has been established. By sect. 1. The Lord Mayor of London, the Lord Chancellor, the Mayor of Lon- Judges of the Courts at Westminster, the Judges in Bankruptcy, the Judge of the Admiralty, the Dean of the Arches, the Aldermen of London, the Recorder, the Common Serjeant, and the Judges of the Sheriffs' Court of London, and any person or persons who hath or shall have been Lord Chancellor, or a Judge of any of the Courts at Westminster, together with such others as his Majesty shall from time to time appoint by any general commission as thereinafter stated, shall be and be taken to be the Judges of a Court to be called the " Central Criminal Court," to which his Majesty may direct his general commission as therein-after mentioned; and which court shall have jurisdiction to hear, try, and determine all offences committed or alleged to be committed as therein-after specified. common ser jeant of London, and such others as His Majesty may appoint, to be judges of the court. His Majesty may issue a commission of Oyer and Terminer and gaol delivery for London and Middlesex, and certain parts of Essex, Kent, and Surrey. By sect. 2. It shall be lawful for his Majesty from time to time to command and cause to be issued commissions of oyer and terminer to inquire of, hear, and determine all treasons, murders, felonies, and misdemeanors committed within the city of London and county of Middlesex, and those parts of the counties of Essex, Kent, and Surrey, within the parishes of Barking, East Ham, West Ham, Little Ilford, Low Layton, Walthamstow, Wanstead St. Mary, Woodford, and Chingford, in the county of Essex; Charlton, Lee, Lewisham, Greenwich, Woolwich, Eltham, Plumstead, St. Nicholas Deptford, that part of St. Paul Deptford which is within the said county of Kent, the liberty of Kidbrook, and the hamlet of Mottingham, in the county of Kent; and the borough of Southwark, the parishes of Battersea, Bermondsey, Camberwell, Christchurch, Clapham, Lambeth, St. Mary Newington, Rotherhithe, Streatham, Barnes, Putney, that part of St. Paul Deptford which is within the said county of Surrey, Tooting Graveney, Wandsworth, Merton, Mortlake, Kew, Richmond, Wimbledon, the Clink liberty and the district of Lambeth Palace, in the county of Surrey;-and also commissions of gaol delivery to deliver his Majesty's gaol of Newgate of the prisoners therein charged with any of the offences aforesaid, committed within the limits aforesaid; and it shall be lawful for the justices and judges of the Central Criminal Court aforesaid, or any two or more of them, to inquire of, hear, determine, and adjudge all such treasons, murders, felonies, and misdemeanors, and all treasons, murders, felonies, and misdemeanors which might be inquired of, heard, and determined under any commission of oyer and terminer for the city of London or county of Middlesex, or commission of gaol delivery to deliver the gaol of Newgate; or which, in case the parts of the counties of Essex, Kent, and Surrey respectively comprised within the limits aforesaid had been counties of themselves, might have been inquired of, heard, and determined under commissions of oyer and terminer and gaol delivery for such counties,-and to deliver the said gaol of Newgate at such times and places in the said city or the suburbs thereof as by the said commissions shall be appointed, or as the said justices and judges by virtue and in pursuance thereof, or any two or more of them, shall appoint, and to award and issue all precepts and process, and use and exercise all powers and authorities belonging to justices of oyer and terminer and gaol delivery:-Proviso, that such court shall have power and jurisdiction to proceed on every such commission so issued as aforesaid and act under such commission until a new commission shall be issued. By sect. 3. The district situated within the limits of the jurisdiction therein-before established shall be deemed and taken to be, in all cases tried before the said justices and judges, one county for all purposes of venue, local description, trial, judgment, and execution, not therein specially provided for; and in all indictments and presentments preferred and tried before the said justices and judges the venue laid in the margin shall be as follows, "Central Criminal Court to wit;" and all offences which in other indictments would be laid to have been committed in the county where the trial is had, and all material facts which would be in other indictments averred to have taken place in the county where the trial is had, shall, in indictments prepared and tried in the said court, be laid to have been committed and averred to have taken place "within the jurisdiction of the said court." By sect. 4. The sheriffs of London, and of the counties of Middlesex, Essex, Kent, and Surrey, respectively, shall execute and obey all precepts and process which the said justices and judges shall award, issue, and direct unto them respectively, and shall, whenever required and commanded, summon and return from the said city of London, and county of Middlesex, and from the parts of the said counties of Essex, Kent, and Surrey within the limits of this Act, a competent number of persons qualified according to law to inquire of, present, and try all offences and other matters cognizable by the said justices and judges; and the persons so returned, whether taken wholly from the city of London or the said counties, or taken indiscriminately from the said city and the said counties, shall have authority to inquire of, present, hear, try, and determine all such offences and other matters, and all issues and all matters of fact arising out of such trials or relating thereto, notwithstanding that such persons are not inhabitants of the city, county, or place where such offences or other matters may be committed or arise; and any person having served upon any grand jury or petty jury summoned and returned from the said counties of Essex, Kent, and Surrey, under the authority of this Act, shall henceforth be exempt for and during twelve calendar months next after such service from serving upon any jury in any court (except the sessions of the peace) to be holden for the county in which such juror shall reside. By sect. 5. Reciting that for the more convenient distribution of prisoners, as well before trial as after, and for rendering more effectual the punishment of imprisonment, it might be expedient that power should be given to appoint from time to time in what places of confinement within the limits of the act such prisoners should be kept in custody; it is enacted that it shall be lawful for his Majesty, by the advice of his Privy Council, from time to time to order and direct in what gaol, house of correction, or other prison, being within the limits of the act, any person or persons charged with or convicted of offences New district to be considered as one county, and venue to be "Central Criminal Court to wit," &c. Power to summon juries from London or from the counties, or from both indiscriminately, to cognizable by try all offences, the act. As to jurors residing within the limits of the Kent and act in Essex, Surrey. His Majesty by His Majesty sentenced to Persons convicted may be imprisoned either in the county gaol or in Newgate. Sheriffs of London may execute judg ments. committed or alleged to have been committed within the limits of the act shall be imprisoned or kept in custody; and that when and so often as his Majesty shall be pleased to give such orders and directions, the said justices and judges of oyer, &c., and all justices of the peace, coroners, and other magistrates acting within the limits of the act, shall commit all persons charged or convicted before them to such gaol, house of correction, or other prison as in such orders or directions shall be expressed and commanded, any law, usage, or custom to the contrary notwithstanding;—proviso, that the city, county, or place in which the offence of such person or persons was committed or alleged to have been committed shall be liable to and charged with the expense of supporting and maintaining such prisoner during his imprisonment in such gaol, house of correction, or other prison, at and after such rate as his Majesty, by the advice of his Privy Council, shall order and direct, and shall be paid by the treasurer of the said city, county, or place in which such offence was committed or alleged to have been committed :- -and also,-that the county of Middlesex and city of Westminster and liberty of the Tower of London shall not be liable to any charge for the support and maintenance of any prisoner charged with any offence in the said county, city, or liberty, who shall be committed to the gaol of Newgate. By sect. 6. The penitentiary at Milbank shall be one of the prisons in which his Majesty may direct any persons charged or convicted of offences within the limits of the act to be imprisoned. By sect. 7. His Majesty, by an order to be notified in writing by one of his Majesty's principal secretaries of state, may direct that persons who may be sentenced to imprisonment by any court or competent authority for any offence committed beyond the limits of the act, and who, having been examined by an experienced surgeon or apothecary, shall appear to be free from any putrid or infectious distemper, and fit to be removed, shall be removed to the penitentiary at Milbank, there to be imprisoned for and during their respective terms of imprisonment. By sect. 8. All provisions contained in all acts made for the government of the penitentiary at Milbank, and all powers given by such acts for the confinement, employment, and management of convicts removed thereto, shall be applicable and made available in respect of all persons who may be removed or sent to such penitentiary in pursuance of any order in council. By sect. 9. It shall be lawful for the said justices and judges, or any two or more of them, to commit any person or persons who shall be brought before them charged with any offence cognizable by such justices and judges under the act, or who shall be convicted or attainted before them, to such gaol, house of correction, or other prison as may be specified in any order of council to be made by virtue of this act, or if no such order shall have been made, then to the common gaol, house of correction, or other prison of the city, county, or place to which such offender might have been committed if the act had not passed, or to his Majesty's gaol of Newgate, there to remain until discharged by due course of law, or in execution of his or their respective judgments; and in case of commitment to the gaol of Newgate, execution of such judgments shall and may be had and done upon such person or persons by the sheriffs of the said city of London in the same way and as fully to all intents and purposes as if the offence of which such person or persons was or were convicted had been committed in the said city of London. By sect. 10. Until his Majesty shall, by the advice of his Privy Council, order and direct in what gaol, house of correction, or other prison persons charged with or convicted of offences committed or alleged to have been committed within the limits of that act shall be imprisoned or kept in custody, it shall be lawful for any justice of the peace or coroner for the said counties of Essex or Kent, so far as relates to the several parishes therein-before mentioned within their respective counties, to commit persons charged with any of the offences cognizable by the said justices and judges of oyer, &c. by virtue of that act to the gaol of Newgate; and also for any justice of the peace or coroner for the said county of Surrey, so far as relates to the several parishes therein-before mentioned lying within the said county of Surrey, to commit any person charged with any of the offences cognizable by the said justices and judges of oyer, &c. by virtue of that act to the gaol of Horsemonger Lane or Newington in the county of Surrey. By sect. 11. Justices or coroners acting within the limits of that act shall specify in commitments that the person or persons charged are committed under the authority of that act; and such justice or coroner shall in all such cases take the like examinations, informations, bailments, and recognizances, and certify the same to the said justices of oyer and terminer and gaol delivery, as they are required to do by the 7 G. 4. c. 64.; and any justice of the peace or coroner, in default of so doing, shall be liable to the same fines and penalties to be imposed by the said justices and judges of oyer, &c. in the same manner as is mentioned in the said act; and when any person or persons shall be committed to his Majesty's gaol for the county of Surrey for any offence cognizable by the said justices and judges of oyer, &c. by virtue of that act, by a commitment specifying that such person or persons is or are committed under the authority of that act, the sheriff of Surrey, or the keeper of the gaol for the said county, shall, six days at least before the sitting of the next court of oyer, &c. under that act, or at such other time as the said justices and judges of oyer, &c., or any two or more of them, shall from time to time direct, cause such person and persons, with their commitments and detainers, to be safely removed from the gaol of the said county of Surrey, without the issuing of any writ of habeas corpus, or other writ, to the said gaol of Newgate, there to remain until delivered by due course of law. By sect. 12. It shall be lawful for any two of the said justices and judges of oyer, &c. to order and direct the costs and expenses of prosecutors and witnesses, in all cases where prosecutors and witnesses may be by law entitled thereto, to be paid by the treasurer of the county in which the offence of any person prosecuted would have been tried but for the act; and that every such treasurer or some known agent shall attend the said justices and judges of oyer, &c. during the sitting of the court, to pay all such orders. By sect. 13. No bill of indictment for any misdemeanor (other than perjury or subornation of perjury) which might be presented to the grand jury at any sessions of the peace for Westminster, Southwark, Middlesex, Essex, Kent, and Surrey respectively, shall be presented to the grand jury of this court, unless the prosecutor or Power to order payment of expenses to pro secutors and witnesses. Treasurers of counties or agents to at tend the court to pay. Bills of indictment for any misdemeanors not to be presented to the |