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they have heretofore lawfully claimed exercised or enjoyed upon the said river, or the lord mayor of the said city for the time being as conservator of the said river; nor to prevent the said lord mayor and the said alderman and recorder of the said city from acting as justices of the peace upon the said river or taking cognizance of offenders committed upon or within the limits of the same, in such manner as they might or would have done in case this Act had not been made.

No. XXIX.

4 Geo. IV.

c. 23.

XLVII. Provided also, and be it further enacted, That nothing in this Nor the Dean Act shall extend to deprive the dean and chapter of the collegiate or High Stewchurch of Saint Peter Westminster or the high steward or high bailiff ard of Westof the city and liberty of Westminster for the time being, or their re- minster. spective lawful deputy, of any rights privileges or jurisdictions which they have heretofore lawfully claimed exercised or enjoyed within the said city and liberty, in such and the like manner as they could or might have done in case this Act had not been made.

XLVIII. Provided also, and be it further enacted, That nothing in this Act contained shall extend to prejudice or derogate from any of the rights privileges or authorities of the master warden and assistants of the guild fraternity or brotherhood of the most glorious and undivided Trinity, and of Saint Clement, in the parish of Deptford Strond, in the county of Kent.

Not to affect

the Rights of the Trinity Brethren, &C.

XLIX. And be it further enacted, That this Act shall be deemed Public Act. adjudged and taken to be a public Act; and shall be judicially taken notice of as such by all judges justices and other persons whomsoever, without the same being specially pleaded.

[ No. XXIX. ] 4 Geo. IV. c. 23.-An Act to facilitate Summary Proceedings before Justices of the Peace and others.-[15th May 1822.]

WHEREAS great inconveniences often arise in summary proceedings

before justices of the peace deputy lieutenants and others, from the want of a general form of conviction: Be it therefore 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 passing of this Act, in all cases wherein a conviction shall have taken place, and no particular form for the record thereof hath been directed, the justice or justices, deputy lieutenant or deputy lieutenants, or other person or persons duly authorized to proceed summarily therein, and be fore whom the offender or offenders shall have been convicted, shall and may cause the record of such conviction to be drawn up in the manner and form following, or in any words to the same effect, mutatis mutandis; (that is to say),

County [or, as the case may be]

' of

BE it remembered, That on the
in the year of our Lord

A. B. of

at

day of in the county of in the county of

labourer, [or, as the case may be] personally came before me, (or before
us, &c.) C. D. one [or more, as the case may be] of his Majesty's justices
of the peace for the said
and informed me, (or us,

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&c.) that E. F. of

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in the county of

at

day of
did [here set forth the

'fact for which the information is luid] contrary to the form of the statute in such case made and provided, whereupon the said E. F. after being ⚫ duly summoned to answer the said charge, appeared before me, (or us, ' &c.) on the

in the said

day of

at

and having heard the charge con'tained in the said information, declared he was not guilty of the said offence, [or, as the case may happen to be,] did not appear before me, (or us, &c.) pursuant to the said summons, [or, did neglect and refuse to VOL. VII. * 2 K

General Form of Conviction, where no particular Form provided.

No. XXIX.

4 Geo. IV. c. 23.

One Justice, &c., may receive original Information,

&c., where Two

or more Jus

tices, &c., empowered to hear

and determine.

Where the
Merits have

been tried, Con

victions not to

he set aside for Defect of Form.

This Act not to extend to Scotland.

make any defence against the said charge]; whereupon I [or we, &c. or, ' nevertheless I, or we, &c.] the said justice or justices did proceed to examine into the truth of the charge contained in the said information, ' and on the

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the parish of

to wit, A. W. of

day of
aforesaid, at
aforesaid, one credible witness,
in the county of

upon his oath deposeth and saith, [if E. F. be present, say, in the
of the said E. F.] that, within
months [or,
presence
as the case may be] next before the said information was made before me
(or us, &c.) the said justice by the said A. B., to wit, on the

' at

in the year in the said county of

day of the said E. F. [here state the 'evidence, and as nearly as possible in the words used by the witness, and if more than one witness be examined, state the evidence given by each] [or, if the defendant confess, instead of stating the evidence say] and the said E. F. acknowledged and voluntarily confessed the same to be true]; there'fore it manifestly appearing to me (or us, &c.) that he the said E. F. is 'guilty of the offence charged upon him in the said information, I (or, &c.) do hereby convict him of the offence aforesaid, and do declare ' and adjudge, that he the said E. F. hath forfeited the sum of

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we,

of lawful money of Great Britain, for the offence aforesaid, 'to be distributed [or paid, as the case may be] according to the form of 'the statute in that case made and provided. Given under my hand (or, 'our hands, &c.) and seal, the 'the year of our Lord

day of

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in

II. And be it further enacted, That in all cases where two or more justices, deputy lieutenants or others, are authorized and required to hear and determine any complaint, one justice, deputy lieutenant, or such other person shall be competent to receive the original information or complaint, and to issue the summons or warrant requiring the parties to appear before two or more justices of the peace, deputy lieutenants or others, as the case may require; and after examination upon oath into the merits of the said complaint, and the adjudication thereupon, by any such two justices deputy lieutenants or other persons, being made, all and every the subsequent proceedings to enforce obedience thereto or otherwise, whether respecting the penalty, fine, imprisonment, costs, or other matter or thing now enacted or to be hereafter enacted, may be enforced by either of the said justices deputy lieutenants or other persons, or any other justice of the peace or deputy lieutenant for the same county riding or place, in such and the like manner as if done by the same two justices deputy lieutenants or other persons who so heard and adjudged the said complaint; and where the original complaint or information shall be made to any justice or justices of the peace deputy lieutenant or deputy lieutenants, or other person or persons different from him or them before whom the same shall be heard and determined, the form of conviction shall be made conformable and according to the fact.

III. And be it further enacted, That in all cases where it appears by the conviction that the defendant has appeared and pleaded, and the merits have been tried, and that the defendant has not appealed against the said conviction where an appeal is allowed, or if appealed against, the conviction has been affirmed, such conviction shall not afterwards be set aside or vacated in consequence of any defect of form whatever, but the construction shall be such a fair and liberal construction as will be agreeable to the justice of the case.

IV. And be it further enacted, That nothing herein contained shall extend, or be construed to extend, to that part of the United Kingdom called Scotland.

[No. XXX. ] 3 Geo. IV. c. 55.-An Act for the more effectual Administration of the Office of a Justice of the Peace, in and near the Metropolis, and for the more effectual Prevention of Depredations on the River Thames, and its Vicinity, for Seven Years.-[5th July 1822.]

WHEREAS it is expedient that the provisions of an Act made in the last session of Parliament, intituled "An Act for the more effectual Administration of the Office of a Justice of the Peace in and near the Metropolis, and for the more effectual Prevention of Depredations on the River Thames and its Vicinity, for One Year," should be continued and amended: 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 the several police offices now established in the parishes of Saint Margaret Westminster, Saint James Westminster, Saint Mary-le-bone, Saint Andrew Holborn, Saint Leonard Shoreditch, Saint Mary Whitechapel, and Saint John Wapping, in the county of Middlesex, and Saint Saviour in the county of Surrey, shall be continued; and that the several persons heretofore appointed to execute the duties of a justice of the peace at the police offices now established under the said recited Act, shall continue to execute the same at the said eight police offices, together with such other justices of the peace for the said counties respectively as may think proper to attend thereat; and that it shall be lawful for his Majesty, his heirs and successors, upon every vacancy, by death or otherwise, to appoint another fit person, being a justice of the peace of the said counties of Middlesex and Surrey respectively, to execute the duties of a justice of the peace at the said several police offices, in lieu of the person making such vacancy.

II. And be it further enacted, That one or more of the said justices so appointed shall diligently attend at each of the said police offices every day, from ten of the clock in the morning until eight of the clock in the evening, and at such other times and places as shall be found necessary, and directed by one of his Majesty's principal secretaries of state; and that two of the said justices shall in like manner attend together at each of the said offices from twelve of the clock at noon until three in the afternoon: Provided always, that no such attendance shall be given on Sunday, Christmas Day, Good Friday, or any day appointed for a public fast or thanksgiving, unless in cases of urgent necessity, or when it shall be directed by such principal secretary of state.

III. And be it further enacted, That the present receiver for the said police offices shall continue such receiver, and that it shall be lawful for his Majesty, his heirs and successors, upon any vacancy in the said office of receiver, by death or otherwise, to appoint any other proper person, not being one of the justices appointed to act at either of the said police offices, to be the receiver of the said eight police offices; and that the said receiver for the time being shall receive all fees penalties and forfeitures, and other sums of monies applicable to the purposes of this Act, and shall keep an exact and particular account of all such monies as shall be received by him, and shall apply the same quarterly in discharge of the salaries expences and charges attending the said police offices, and in carrying this Act into execution; and shall make all such contracts and disbursements as shall be necessary for purchasing, hiring, fitting up, and furnishing proper and sufficient houses and buildings wherein the said eight police offices shall be held, in such manner as his Majesty his heirs and successors, by and with the advice and consent of his or their privy council, shall think proper to direct and appoint; of which houses and buildings so to be hired or purchased, and of all houses and buildings already hired or purchased for the like * 2 K 2

No. XXX.

3 Geo. IV.

c. 55.

3 Geo. IV.

c. 55.

1 & 2 G. 4.

c. 118.

The Public

Offices now established shall be continued. Justices to Act.

His Majesty may appoint Justices to fill up Vacancies.

Time of Attendance.

Receiver to be continued in Office; and in

case of Death, His Majesty

may appoint

another.

His Duty.

No. XXX. 3 Gee. IV.

c. 55.

Justices to employ Constables, subject to the Approbation of the Secretary of State.

Thames Police

Surveyors to be appointed in like Manner,

purposes, and of the fixtures and furniture thereof, and of all other necessaries to be held or purchased for the purposes of this Act, the property acquired therein shall be vested in the receiver for the time being, who shall and may sell assign and dispose of the same or any part thereof, under the like directions and appointment, as occasion shall require; and such receiver shall prepare proper plans and estimates of all such contracts and disbursements as shall be necessary for the purposes aforesaid, and shall deliver the same to one of his Majesty's principal secretaries of state; and such receiver shall further do and execute all such other lawful matters and things towards the establishment of the said eight police offices, and towards the carrying this Act into execution, as his Majesty, his heirs and successors, by and with the advice of his or their privy council, shall from time to time think proper to direct.

IV. And be it further enacted, That the justices appointed as aforesaid, or any two of them in their respective offices, shall appoint retain and employ a sufficient number of fit and able men, subject to the ap. probation of one of his Majesty's principal secretaries of state, whom they are hereby authorized and empowered to swear in to act as constables, for preserving the peace and preventing robberies and other felonies, and apprehending offenders against the peace; which constables sworn shall within the counties of Middlesex, Surrey, Essex, and Kent, have all such powers, authorities, privileges, and advantages, as any constable duly appointed now has or hereafter may have by virtue of any law or statute now made or hereafter to be made; and shall obey all such lawful commands as they shall from time to time receive from the said justices respectively for the apprehending offenders, or otherwise conducting themselves in the execution of their offices; and such justices may at any time suspend or dismiss from his employment any such constable attached to their respective offices, whom they shall think remiss or negligent in the execution of his duty, or otherwise unfit for the same; and when any such constable shall be so dismissed, or cease to belong to any of the said offices, all powers and authorities vested in him as a constable under and by virtue of this Act shall immediately cease and determine, to all intents and purposes whatever.

V. And be it further enacted, That the justices appointed to the said police office in the parish of Saint John Wapping, commonly called the Thames Police Office, or any two of them, shall (subject to such approbation as aforesaid) appoint retain and employ any number of fit and discreet men, not exceeding thirty, who, under the name of Thames police surveyors, shall (being first duly sworn in manner above mentioned) have within the counties aforesaid the powers, authorities, privileges and advantages of a constable as aforesaid; and shall direct and inspect the conduct of the constables attached to the Thames police office, and of all persons to be employed in and about ships and vessels in the said river Thames, or in or on the several creeks, wharfs, quays, and landing places thereto adjacent, and (subject to the orders of the said last-mentioned justices) shall have power by virtue of their offices to enter at all times, as well by night as by day, into and upon every ship, hoy, barge, lighter, boat, or other vessel (not being then actually employed in his Majesty's service) lying or being in the said river or creeks, and into every part of every such vessel for the purpose of inspecting, and upon occasion directing the conduct of any constable who may be stationed on board of any vessel, and of inspecting and observing the conduct of all other persons who shall be employed on board of any vessel in or about the lading or unlading thereof, as the case may be, and for the purpose of taking all such measures as may be necessary for providing against fire and other accidents, and preserving peace and good order on board of any such vessel, and for the effectual prevention in all cases of any felonies or misdemeanors being committed, and for the effectual detec tion of any felonies or misdemeanors which may have been committed, or which such surveyor inay have reasonable cause to suspect to have been committed on board any such vessel; and the justices appointed to

No. XXX.

c. 55.

the said Thames police office may at any time suspend or dismiss any such Thames police surveyor whom they shall find remiss or negligent 3 Geo. IV. in the execution of his duty, or otherwise unfit for the same; and when any such surveyor shall be so dismissed or cease to belong to the said office, all powers and authorities vested in him as such surveyor under and by virtue of this Act, shall immediately cease and determine to all intents and purposes whatever.

Payment of
Clerks, Con-
for Bow-street
stables, &c., and
Office, and
Horse and
Foot Patrol.

VI. And be it further enacted, That it shall be lawful for his Majesty, Justices to be his heirs and successors, to direct that such sum shall be issued quarterly allowed a Saout of the Consolidated Fund of the United Kingdom of Great Britain lary of 6004 and Ireland to the said receiver, as will be sufficient to pay the yearly per Annum. salary of six hundred pounds, clear of all fees or deductions, to each of the justices so appointed to attend at the said police offices for their time and trouble; and such further sums as may be necessary for the Further Sums expences of the offices and for the payment of clerks, constables, sur- to be issued for veyors and others therein employed, and for the payment of the expences of the public office in Bow-street, and of the magistrates clerks and constables and others therein employed, and of the horse and foot patrol acting under the orders of the chief magistrate of that office; provided that the whole of the said charges shall not exceed the annual sum of sixty-eight thousand pounds over and above the necessary disbursements for purchasing, hiring, repairing, fitting up, and furnishing the houses and buildings wherein the said offices shall be held; and that the said receiver out of the monies so issued to him, shall and may pay to the constables and surveyors so appointed as aforesaid for their trouble and attendance, such sum as may from time to time appear reasonable to one of his Majesty's principal secretaries of state, and any extraordinary expences they shall appear to have been necessarily put to in apprehending offenders, and executing the orders of the justices acting under and by virtue of this Act; such extraordinary expences being first examined and approved of by the justices attending the police office to which such constables shall be respectively attached; and such further sum for rewarding the extraordinary diligence or exertion of any of the said constables or surveyors, and for compensating them for wounds or severe injuries received in the performance of their duties, and for and allowance of such of them as shall be completely disabled by bodily injury received, or shall be worn out by length of service, as shall be directed by such principal secretary of state.

VII. And be it further enacted, That no justice of the peace for the No Justice shall county of Middlesex, county of Surrey, city and liberty of Westminster, or take Fees but liberty of the Tower of London, or his clerk, or any person on their be- at the Public half, elsewhere than at the said police offices, shall directly or indirectly Offices. upon any pretence or under any colour whatever, take or receive any fee, reward, gratuity, or recompence, for any Act by him or them done or to be done in the execution of his or their office or employ, as justice of the peace or clerk as aforesaid, within the limits of the weekly bills of mortality, or within the parishes of Saint Mary-le-hone Paddington Saint Pancras Kensington and Saint Luke Chelsea, in the said county of Middlesex, upon pain of forfeiting the sum of one hundred pounds for every Penalty, 100%. such offence, one moiety thereof to the said receiver to be applied to the purposes of this Act, and the other moiety thereof, with full costs of suit, to the person who shall sue for the same in any of his Majesty's Courts of Record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, privilege, wager of law, or more than one imparlance shall be allowed: Provided always, That nothing in this Act contained shall be construed to extend to any fees taken at any general or quarter sessions of the peace, or at any meeting of justices for the purpose of licensing alehouses, or to any fees taken at the said public office in Bow-street, or to any fees taken by the vestry clerk of any parish for the purpose of enforcing the payment of any taxes or assessments arising within the same parish, or for the purpose of hearing and determining any offence cognizable before justices of the peace, by virtue of

Not to extend

to Fees at
Quarter Ses-
sions, or Meet-
ing of Justices
for licensing
Ale-houses, or
to Fees taken
at the Office in
Bow-street, &c.

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