The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-06-16 00:00:00

such court of record for the tidal of causes ; and such summons shall
be made by showing to the person to be summoned, or, in case he
eshall be absent from the, usual place of his abode, by leaving with
some person therein inhabiting a note in writing, under the hand of
,suphclerkrof .the; peace; or registrarrespectivelyecontaining-the sub-
stance of such summons; and such clerk of, the peace shall make smt
a-list of the nettles of such persons:so eummonedas grandjurors, and
the clerk,of the peace and registrar .respectively shelletlao make out
a panel tit- such persons so summoned other than grand jurors ; and
*tech list and panel shall respectively contain' therein the - christian.
names. mid surnames, places of, abode; mad descriptions of thesseverel
persons therein named; and if any. person, having been duly genie'
moned to attend on any jury; shall not- attend in pursuatice-of such
summons, or, being thrice called; shall not answer to hisname, or. af-
ter his appearance, wilfully withdraw himself from the presence of.
the court, theeourt shall impose such fine erten every oerson so mak-
ing defeolteunleas sontereasonable excuse shall beproved to: thersotis,
faction of the court) as the court shall think meet; and if any person
• on-whom suohfine shall be-imposed shall refuse-to pay the -same to
the person who shall,be authorized by the court to. receive the, same,
' it shill be' laWful for the dart thee, or at its next sitting, by order of
the signed by the elerk of the peace orregiatrarrespeetively, to:
cause tube;levied, by distress and sale -of, the goodsof the person on'
tvhom'such fine shall have been imposed, every such fine and the rea-
nonable charges of such distress and sale ; and every tines° received
shall be paid to the treasurer of the borough, to be by him carried to-
the account of the borough fend hereinbefore mentioned ; provided
neveitheless, that no person spell be summoned to serve as a juror at
, such sessions or court of record oftener than once in one year. .
And be it enacted, that after the passing of this Act, every councillor
for the time being of every borough, and. every justice• assigned to
keep thepeace therein, and the treasurer and town clerk for the time
being Of every such borough, shall he exempt and disqualified from
serving on any jut:yr-summoned within such borough respectively, and
exempt from serving ort any jury summoned to serve an the connt
wherein such borough is situate; and all burgesses of every borough
•in andforwhich a separate court of- sessions of the peace shall be
holden, shall be
.exempt from serving on any jury summoned for the
trial of issues joined in any court of general or quarter sessions of the
peace in the county wherein such borough is situate.
.
Ana.be.it enacted, that after the passing of this act no person shall
continue to be exempt from serving on juries in any of the King's
courts, of record at Westminster, or in -the -superior oourts, -civil or
criminal, of the counties Palatine of-Lancaster trod-Durham, or in any'
court of assize, nisi pries, oyer add terniiner,gadl delivery; or sessions'
of the peace, or in any, other of the King's courts, by virtue of any
writ, grant, cliarter or prescription ; and. so much of an act- made in
the sixth year of the reign of his late Majesty King George the Fourth,
intituled "An Act for consolidating and amending the laws relative to
jurors," as provides that all persons exempt, from serving upon juries
in any of the courts aforesaid, by virtue of any prescription, charter,
grant, or writ, shall continue to have and enjoy- such exemption in as
ample a manner as, before the passing of that act, and shall not be
insetted in the lists thereafter mentioned, shall be and the same is
hereby repealed. , • • • •• - • s •
And be it enacted, that the council of every borough shall, and they
Are hereby required; within six 'calendar months next after their
election, to make and,settlea ta.ble•of the, fees,: which hall.be taken
by the clerk of the peace, in thoseberooghs in which a separate court
Of- Seisioinef thepeate shall be holden, and in those boroughs to which
a, eciromissiete of the peace shall have been granted, -a table of the fees
to lie taken by the clerk to the.justices, and in those boroughs in which
there shall be a conrt of reern•tlaa table of the feee to betaken by the
registrar eine onicers of such court ; arid such tables- of fees shall be
submitted to one of his Majesty's principal secretaries of state: and'
• Wheh such tables of fees shall be confirmed and allowed by such
secretary of, stateeeither as' such table 'shall have been submitted to
him, or. with such alterations, additions, or abatements as he shall
think proper, the fees therein mentioned mar thenceforth he lawfully
taken by the person therein named, to be -entitled thereunto; and it
Shall be lawful for the council of such borough from time to time, as
occasion' may require, to make new tables of fees, to taken instead
•of the fees, contained ire the -tables which shall have -been made as
aforesaid, *hies new table shall be confirmed and allowed in the
manner hereinbefoee ritetitioned, otherwise the same' shall be of no
validity s and that until tables of the fees, so to betaken in any Mich
borough shall have been made and confirmed as aforesaid, it shall be
'lawful for such clerk of the peicent -the sessions for any inch borough,
and such clerk to the justices, to-take-the fees authorized by-the table -
for- the time being to he taken by the clerk of the peace at the sessions,
and clerk tathejustices respectively, for the -county. yrithin•or adjoln-
ing to which such borough es situated, and fprthezegrstrar and: officers
of such court of record, to take the fees usua ly taken by them befpre
the passing of this net.:
And be it enacted, that the town clerk of every boyougleshall cense
a true copy of the tables of fees in force for the time being to be hunt
• up' in a consplenotts part of the room in'whioh the business of his office
is transacted, and also in the room wherein the justices of thepeace of
such borough Shallsit for transacting their business, and also in the
room wherein the court of sessions of the peace forthe borough' shall
be held, nod also in the court-of-record:of the said borough.
And be it 'enacted, that when by any act any penalties orforfeituree
Are or shall hereafter be made recoverable in a snmenaranmanher
before any justice or justices of the peace, and by such act respectively
the setae are or shell be limited and made peyable to his Majesty or to,
any bode corporate, or to any 'person Whomsoever,- save and except
the informer, who snail sue fur the, same, or any • party. aggrieved, in
every such case the sable, if recovered and adjudged bet Ore any justice
of any borotigh l a which a senarate court of sessions of thepeice' shall
be holden as aforesaid, shall, notwithstandingi
anything
• n such Act
respectively 'contained, be.'recovered for and adjudged to be paid to
the treasurer of such borough- for the time being; to the -credit and on
account of the borough fund of such borough ; and no such penalty or
forfeiture, or share 'of such penalty or forfeiture, shall in any case be
recovered by or adjudged to bepaid to any person -then the. said trea-
surer, unless such person be the informer or, the party, aggrieved :
provided' always; that nothing -herein contained shall extend to any
penalties or forfeitures recovered under any act relating to the customs,
or to trade or navigation, and sued for by the direction of the corn-
missionere of-his Majesty's' customs, which shall be paid to such per.
sett a's'the said commissionemehall direct to receive the same.
And for the more.effeetual prosecution of, offences punishable upon
summary conviction by virtue of this act; be it enacted, that the pro-
secution 'for -every such offence shall be commenced within three
calendar months after the commission. of the offence, and not other-
wise; and that where any-person shall be charged, on the oath-Of-a•
credible witness, with, any such offencobefore :a. justice of thepeace,,
the justice may summon the party charged to appear before anylwo
justices of the peace acting in and for the borough in .Which such
• offeneeshall have been committed, at a time and place to be named in-
such sunimons ; and if such party shall not appear accordingly, the
justices Of the peace then and there present (upon -proof' of the due
service of the summons by delivering a copythereof rte.. the party, or
by deliveringeuch copy at the ;party's usual place..of Abode to- some
inmate thereat, and explaining the purpprt.thereonto such inmate,)
may either proceed to hear tend determine the case :in the !absence of
the party, or may isseetheir warrant for apprehending and bringing
such-party before them as they shall think proper.
And be it enacted, that it shall be lawful for any justice of thepeace
acting in and for anyborough to issue.his summons requiring any per-
see to appear before any such justices of the peace for the purpose of
giving evidence touching any Offence against this set, and if any- person
so summoned shall neglect or refuse to'appear at the time and place ap-
pointed by each gammons, and no reasonable excuse for his absepte
shall be proved before the justices of the peace then-and there- present,
or if any person appearing in obedience to such summons shall-refuse
to be examined on oath touching any such offence by the justices then
and there present, every person so offending shall, on conviction
thereof before the said justices of the peace, forfeit and pay such men
of money, not exceeding five pounds, as to 'the convicting justices
shall seem meet ; and no person, although liable to the rate contriblithag
to the borough fund of any borough, shall be deemed an incompetent
witness in proof of any offence against this act by reason of any
tmalty or forfeiture for such offence being applicable to the use of
uck borough fund ; and no justice of the peace shall be disabled from
acting in the execution of this act by reason of his being liable to the
rate contributing to the borough fund of any borough.
And be it enacted, that the justice of the peace by whits) any per-
son shall be summarily convicted and adjudged to pay any sum of
money for any offence against this Act may adjudge that such person
shall pan the same either immediately or within such petiod as the
said justices shall think fit; -and in case such sum of money shall not
be paid at the time so appointed, the same shall be levied by distress
and sale of the goods and chattels of the offender, with the reasonable
charges of such distress, and for want of sufficient distress such of-
fender shall be imprisoned 'with or without hard labour in the common
gaol or house of correction; as• to the convicting justices shall seem
meet, for any term not exceeding one calendar month where the sum
to be paid shall not exceed five pounds, and for any term not-exceed-
ing two calendar months in any other case, the imprisonment to cease
in each of the cases aforesaid upon payment of the sum due.
And be it enacted, that the justices of the peace before whom any
person shall be Summarily convicted of any. offence against this. act
. may cause the- conviction to be- drawn up in the following forin of
words, or in any other words to the like effect, as the case may re-
quire ; (that ia to say)
(to-wit.)-Be it remembered, that on the day
of in the year of our Lord in the borough of
in the county of
Majesty's
jhe.uns.ulee.sismaocfotynhbeveipjctefeaoderebt
fureh f oa trttehheue ssaa,aiJidd.
P. and
J.
rjim-Pr o"u gt fi,o orof otherwise,
did ,[here specify the oftence, and the time and place whewarut where the
same was committed, the case may be], and we do adjudge the said-
A. 0. Mall for the said offence forfeit the sum of
and shall pay the smite immediitely [or, shall pay the same on or be-
fore the' day Of -* • to . the treasurer
. for the.eaid.borough, to be by him Applied according to the directions
of the statute in that case naaele and provided. Given under our hands
the day and year first above-mentioned. .
And he it enacted, • that any person who shall think himself ag-
grieved by any seminary conviction In pursriance of this act, may ap-
peal to the-next annul of genet'sl or quarter sessions of the peace to be
holden not.less than twelve days After such conviction, for the county,
or for the borough wherein the,cause of complaint shall have-arisen,
provided that such person shall give to the complainant a notice in
writing of snc'h appeal, and of the-cause "and matter thereof, within
three days after such coviction, and seven clear days at -the least be-
lore such sessione, and shall also either -remain in custody-until the
- sessions, or-within such three days .enter into a recognizance with a,
-suffieient surety before a justice of the peace, conditioned personally
to appear at the said sessions and to try such appeal, and to abide the
'judgment of the court thereupon, and to pay such costs as shall be by
•the couet awarded ;•and upon such notice being given and such recog-
nizance entered into, the justice before whom the-same-Shall be en-
tered into ehallniberate such person if in custody ; and the court at -
such Cessions shall hear and determine the matter of the appeals and
shall make such order therein, with or without costs to either party,
as to the court shall seem meet; and in case of the dismissal of the
appeal. or the' affirmance of the 'conviction, shall .order and adjudge
the offender to be dealt with and punished according to the conviction,
and to pay melt costs as • shall be awarded, and shall, if necessary,
issue process for enforcing such judgment.
• -'And' be it enacted; that no conviction, order, warrant, or other mat-
-ter made; or purporting to be made, by virtue of this act,' shall be
roeoshed for want of form, or be removed by certiorari, or otherwise,
into any of :his Majesty's courts of record at Westminster; and no
warrant of eorninitment shall be held void by reason of ,any defect
' therein, provided that if be therein alleged that it is founded on a con-
viction, and there be a good and valid conviction to sustain the same ;
and where any distress shall be made for levying any money be vir-
tue of. this act, the distress itself shall not be deemed unlawful, nor the
party making the same be deemed a trespasser, on account ot•any de-
fect or want of form ip thestimmons, conviction, warrant of distress,
or other proceedioge relating thereto, nor shell the party distraining
be deemed a trespasser ab tnitio on Account of ally irregularity after-
wards, committed by him, but the per Son aggrieved by suelnirregu-
larity may receiver full satisfaction for the special damage, it any, in
an action upon the case.
And for the protection of persons acting in the execution of this
act, be it enacted, that all actions and prosecutions to be commenced
against any 'person for anything done in pursuance of this act, shall
he laid and tried in the county where the - fact was committed, and
'Wall be commenced within six calendar months after the fact com-
mitted, and not otherwise; .and notice in writing of such action; and
of the cause thereof, shall be given to the defendant one calendar
month at least before the commencement of the action;,- -and in any
such action the defendant may plead the general issue, and give this
act and the' special matter in evioence at any trial to be had there-
upon ; and no plaintiff shall recover in any such action', if tender' of
sufficient amends shall have been made before mush action-brought; or
if a, sufficient sum of money shall have been paid into court after such ,
action brought, by or on behalf of the defendant; and if .a verdict
shall pass for the defendant, or the plaintiff shall become minutia, or ,
discontinue any such action after issue joined, or if upon demurrer or.
-otherwise, jedgment shall be given against the plaintiffithe defendant
shall recover his full costs as between attorney and client; -and have
the like remedy for the same as any defendant Lath by law in other
cases. •
And whereas sundry towns of England and Wales are not towns core
negate, and it-is expedient that several of them should be inaorporated
be it enacted, thud if 'the inhabitants of any town in England and
Wales should petition his Majesty to grant to thetn a charter of incor-
poration, it shell be lawful, for his -Majesty, by any such charter,' to
extend to the inhabitants of any such town, all or any of the powers
and provisions in this act contained. •
, And be it enacted, that this act maybe altered or amended by any.
act to be'passed in this present session of parliament.