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PART VI.

CLASS VII.*

Cattle.

[No I.] 3 Geo. IV. c. 71.-An Act to prevent the cruel and improper Treatment of Cattle.-[22d July 1822.] WHEREAS it is expedient to prevent the cruel and improper treatment

of horses, mares, geldings, mules, asses, cows, heifers, steers, oxen, sheep, and other cattle: May It therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons shall wantonly and cruelly beat abuse or ill-treat any horse, mare, gelding, mule, ass, ox, cow, heifer, steer, sheep, or other cattle, and complaint on oath thereof be made to any justice of the peace or other magistrate within whose jurisdiction such offence shall be committed, it shall be lawful for such justice of the peace or other magistrate to issue his summons or warrant, at his discretion, to bring the party or parties so complained of before him, or any other justice of the peace or other magistrate of the county city or place within which such justice of the peace or other magistrate has jurisdiction, who shall examine upon oath any witness or witnesses who shall appear or be produced to give information touching such offence (which oath the said justice of the peace or other magistrate is hereby authorized and required to administer); and if the party or parties accused shall be convicted of any such offence, either by his her or their own confession, or upon such information as aforesaid, he she or they so convicted shall forfeit and pay any sum not exceeding five pounds, nor less than ten shillings, to his Majesty, his heirs and successors; and if the person or persons so convicted shall refuse or not be able forthwith to pay the sum forfeited, every such offender shall, by warrant under the hand and seal of some justice or justices of the peace or other magistrate within whose jurisdiction the person offending shall be convicted, be committed to the house of correction or some other prison within the jurisdiction within which the offence shall have been committed, there to be kept without bail or mainprize for any time not exceeding three months.

Magistrates empowered to inflict a Penalty on Persons convicted of cruel Treatment of Cattle.

No Person to be punished, unless Complaint made Days after the

within Ten

Offence.

II. Provided always, and be it enacted by the authority aforesaid, That no person shall suffer any punishment for any offence committed against this Act, unless the prosecution for the same be commenced within ten days after the offence shall be committed; and that when any person shall suffer imprisonment pursuant to this Act, for any offence contrary thereto, in default of payment of any penalty hereby imposed, such person shall not be liable afterwards to any such penalty. III. Provided also, and be it further enacted, That no order or proceedings to be made or had by or before any justice of the peace or other magistrate by virtue of this Act shall be quashed or vacated for want of form, and that the order of such justice or other magistrate shall be final; Form. and that no proceedings of any such justice or other magistrate in pursuance of this Act shall be removeable by certiorari or otherwise.

Proceedings not to be quashed for Want of

Form of Con

IV. And for the more easy and speedy conviction of offenders under this Act, be it further enacted, That all and every the justice and justices viction. of the peace, or other magistrate or magistrates, before whom any person or persons shall be convicted of any offence against this Act, shall and

No. I.

8 Geo. IV.

c. 71.

Justices to order Compensation to Per

sons vexatiously complained against.

Limitation of
Actions.

may cause the conviction to be drawn up in the following form of words,
or in any other form of words to the same effect, as the case shall happen;
(videlicet,)
BE it remembered, That on the

day of

in

the year of our Lord A. B. is convicted before me, one of his Majesty's justices of the peace for

or mayor or other magistrates of

[as the case may be] either by his own confession, or on the oath of one or more credible witness or witnesses [as the case may be] by virtue of an 'Act made in the third year of the reign of his Majesty King George the Fourth, intituled An Act to prevent the cruel and improper Treatment of Cattle, [specifying the offence, and time and place where the same was committed, as the case may be.] Given under my hand and seal, the day and year above written.'

V. And be it further enacted, That if on hearing any such complaint as is herein-before mentioned, the justice of the peace or other magistrate who shall hear the same shall be of opinion that such complaint was frivolous or vexatious, then and in every such case it shall be lawful for such justice of the peace or other magistrate to order adjudge and direct the person or persons making such complaint, to pay to the party complained of, any sum of money not exceeding the sum of twenty shillings, as compensation for the trouble and expence to which such party may have been put to by such complaint; such order or adjudgment to be final between the said parties, and the sum thereby ordered or adjudged to be paid and levied in manner as is herein-before provided for enforcing payment of the sums of money to be forfeited by the persons convicted of the offence herein-before mentioned.

VI. And be it further enacted by the authority aforesaid, That if any action or suit shall be brought or commenced against any person or persons, for any thing done in pursuance of this Act, it shall be brought or commenced within six calendar months next after every such cause of action shall have accrued, and not afterwards, and shall be brought laid and tried in the county city or place in which such offence shall have been committed, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial or trials to be had thereon, and that the same was done in pursuance and by authority of this Act; and if the same shall appear to have been so done, or if any such action or suit shall not be commenced within the time before limited, or shall be laid or brought in any other county city or place than where the offence shall have been committed, then and in any such case the jury or juries shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his action or actions, or if judgment shall be given for the defendant or defendants therein, then and in any of the cases aforesaid such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants hath or may have for his her or their costs in any other cases by law.

PART VI.

CLASS VIII.

Coal Mines.

39 and 40 George III. c. 77.-An Act for the Security of Collieries and Mines, and for the better Regulation of Colliers and Miners.

[See this Statute in Part V. Class VI. No. LIX.]

VOL. VII.

27 George II.

c. 3.

3 Jac. 1. c. 10.

Offenders not having sufficient,

Justices to grant

a Warrant on

Treasurer of the
County for Pay

ment of the
Charges.

Part of 2 Jac. 1.

PART VI,

CLASS IX.

Constables.*

[No. I. ] 27 George II. c. 3.-An Act for the better securing to Constables and others the Expences of conveying Offenders to Gaol; and for allowing the Charges of poor Persons bound to give Evidence against Felons. WHEREAS by an Act passed in the third year of the reign of King James the First, intituled, An Act for the rating and levying of the Charges for conveying Malefactors and Offenders to the Gaol, every 'offender so to be conveyed shall bear the charges of himself and of those who convey him; and if he refuse so to do, his goods within the same 'county may be distrained and sold to satisfy the same; and if he hath no goods the constable church wardens and other inhabitants of the pa'rish where he was taken shall make a tax on every inhabitant thereof to pay the said charges: And whereas the taxing the parish where such offender was taken to pay such charges is a great discouragement to 'parishes to take offenders; and it is also found by experience to be very difficult to make a rate on the inhabitants to raise such tax, whereby 'constables and others are often kept out of their money by them advanced for the service of the public and sometimes lose the same to their very great injury and vexation;' For remedy whereof, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of June one thousand seven hundred and fifty-four, when any person not having goods or money within the county where he is taken sufficient to bear the charges of himself and of those who convey him is committed to gaol or the house of correction by warrant from any justice or justices of the peace, then on application by any constable or other officer who conveyed him to any justice of the peace for the same county or place (1.) shall upon oath examine into and ascertain the reasonable expences to be allowed such constable or other officer, and shall forthwith without fee or reward by warrant under his hand and seal order the treasurer of the county or place to pay the same, which the said treasurer is hereby required to do as soon as he receives such warrant; and any sum so paid shall be allowed in his accounts.

II. And be it further enacted by the authority aforesaid, That from c. 10. repealed. and after the said twenty-fourth day of June so much of the above

The Charges

of Attendance to be allowed

mentioned Act passed in the third year of King James the First as relates to taxing the parish where offenders are taken for defraying the charges of conveying offenders to gaol shall be repealed.

6

III. And whereas the expence as well as loss of time in attending 'courts of justice is a discouragement to the poorer sort to appear as witnesses against offenders, who thereby escape the public justice and the punishment due to their crimes:' Be it further enacted by the authority aforesaid, That from and after the said twenty-fourth day of June when any poor person shall appear on recognizance in any court to give

by the Court to
poor Persons
bound to give
Evidence against Felons.

By St. 13 and 14 Ch. II. c. 12. the Justices in Session, in case of the Death or Removal of a Constable, are empowered to appoint another,

See the Statute post. title Poor.

(1.) The Words "Such Justice" are omitted in the Act.

No. I.

27 Geo. II.

c. 3.

evidence against another accused of any grand or petty larceny or other
felony, it shall and may be in the power of the court, at the prayer and on
the oath of such person and on consideration of his circumstances, in open
court to order the treasurer of the county or place in which the offence
shall have been committed to pay unto such person such sum of money
as to the same court shall seem reasonable for his time trouble and ex-
pence; which order the proper officer of such court is hereby directed
and required to make out and to deliver unto such person upon being 6d. to be paid
paid for the same the sum of sixpence and no more; and such treasurer to the Officer
is hereby authorised and required upon delivery of such order forthwith for making out
to pay such person or other person authorised to receive the same such the Order.
sum of money as aforesaid, and shall be allowed the same in his

accounts.

IV. Provided always, and it is hereby declared and enacted by the In Middlesex authority aforesaid, That nothing in this Act contained shall extend to the Overseers empower such court or any justice or justices of the peace to make of the Poor to warrants or orders on the treasurer of the county of Middlesex for the pay such payment of the expences of the constable or other officer in conveying Charges. any person to gaol, or for the payment of any person for his time trouble and expence who shall appear on his recognisance to give evidence as aforesaid; but that within the said county of Middlesex the expences of the constable or other officer, occasioned by his conveying of any person to gaol by virtue of a warrant from any justice or justices of the peace, shall (after such expences have been examined into upon oath and allowed by such justice or justices, and for which no fee or reward shall be taken) be paid by the overseer or overseors of the poor of the parish or place where the said person was apprehended, who is and are hereby authorised and required to pay the same; and the sum or sums so paid shall be allowed in his or their accounts.

[No. II. ] 18 Geo. III. c. 19.-An Act for the Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny, or other Felony.

c. 19.

WHEREAS by the laws now in being, his Majesty's justices of the 18 George III
peace are not sufficiently authorised on complaints that come be-
'fore them out of sessions to award costs against either the person or
persons complaining or the person or persons against whom any com-
plaint is made as to justice may appertain: May it please your Majesty
that it may be enacted, and be it enacted by the King's most excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal and Commons in this present Parliament assembled, and by

the authority of the same, That where any complaint shall be made be- Justices, out of

fore any of his Majesty's justices of the peace for any county riding di- Session, em-
vision city town corporate franchise or liberty, and any warrant or sum- powered to
mons shall issue in consequence of such complaint, that then it shall and award Costs.
may be lawful to and for any justice or justices of the peace, who shall
have heard and determined the matter of the said complaint, to award
such costs to be paid by either of the parties and in manner and form as
to him or them shall seem fit to the party injured: (1.) And in case any
person so ordered by the said justice or justices of the peace to pay such
sums of money as aforesaid shall not forthwith pay down or give security
for the same to the satisfaction of the justice or justices, it shall and
may be lawful for the said justice or justices by warrant under his hand
and seal or their hands and seals to levy the said sum or sums by dis-

(1.) Justices of the Peace may give Costs in all Cases of Convictions, by Stat. 18 Geo. 3. c. 19.

Rex v. Arnold, 5 T. R. 356. See also Rex
Myers, 6 T. R. 237.

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