CO129-135 - Public Offices & Others - 1868 — Page 183

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Persons ap- prehended without

Warrant to

be taken to the Station House.

Power to Lake Recog- nizances at Station Houses on petty Charges.

Power to bind over Persons

making Charges.

Condition of

Recogni-

zance.

2° & 3° VICTORIÆ, Cap.47.

for taking charge of and keeping the same; and it shall be lawful for any Magistrate before whom the Case shall have been heard to order such Horse, Cart, Carriage, or Boat, or such other Animal or Thing, to be sold, for the Purpose of satisfying such Penalty and reasonable Expenses, in default of Payment thereof, in like Manner as if the same had been subject to be distrained and had been distrained for the Payment of such Penalty and reasonable Expenses.

LXIX. And be it enacted, That every Person taken into Custody by any Constable belonging to the Metropolitan Police, without War- rant, except Persons detained for the mere Purpose of ascertaining their Name or Residence, shall be forthwith delivered into the Custody of the Constable in charge of the nearest Station House, in order that such Person may be secured until he can be brought before a Magis- trate, to be dealt with according to Law, or may give Bail for his Appearance before a Magistrate, if the Constable in charge shall deem it prudent to take Bail in the Manner herein-after mentioned.

any

LXX. And be it enacted, That whenever any Person charged with Offence of which he is liable to be summarily convicted before a Magistrate, or with having carelessly done any Hurt or Damage, shall be, without the Warrant of a Magistrate, in the Custody of any Constable of the Metropolitan Police in charge of any Station House during the Time when the Police Courts shall be shut, it shall be lawful for such Constable, if he shall deem it prudent, to take the Recognizance of such Person, with or without Sureties, conditioned as herein-after mentioned.

LXXI. And be it enacted, That whenever any Person charged with any Felony, or any Misdemeanor punishable by Transportation, or other grave Misdemeanor, shall be, without Warrant, in the Custody of any Constable of the Metropolitan Police at any Station House during the Time when the Police Courts shall be shut, it shall be lawful for the Constable in charge of the Station House to require the Persons making such Charge to enter into a Recognizance conditioned as herein-after mentioned, and upon his or her Refusal so to do it shall be lawful for such Constable, if he shall deem it prudent, to discharge from Custody the Person so charged, upon his or her Recognizance, with or without Sureties, conditioned as herein-after mentioned.

LXXII. And be it enacted, That every Recognizance so taken shall be without Fee or Reward, and shall be conditioned for the Appear- ance of the Person thereby bound before a Magistrate of the District in which such Station House shall be situated at his next Sitting, and the Time and Place of Appearance shall be specified in the Recognizance; and the Constable shall enter in a Book, to be kept for that Purpose at every such Station House, the Name, Residence, and Occupation of the Party, and his Surety or Sureties (if any), entering into such Recognizance, together with the Condition thereof, and the Sum thereby acknowledged, and shall return every such Recognizance to the Magistrate present at the Time and Place when and where the Party is bound to appear.

LXXIII. And

2° & 3° VICTORIÆ, Cap.47.

519

which no

LXXIII. And be it enacted, That for every Misdemeanor or other Penalty for Offence against this Act for which no special Penalty is herein-before Offences for appointed the Offender shall, at the Discretion of the Magistrate Penalty is before whom the Conviction shall take place, either be liable to a appointed. Penalty not more than Five Pounds, or be imprisoned for any Time not more than One Calendar Month in any Gaol or House of Correc- tion within the Jurisdiction of such Magistrate.

Penalties.

LXXIV. Provided always, and be it enacted, That nothing herein Not to repeal contained shall be construed to prevent any Person from being indicted Local Acts for any indictable Offence made punishable on summary Conviction containing by this Act, or to prevent any Person from being liable under any other Act or Acts to any other or higher Penalty or Punishment than is provided for such Offence by this Act, so nevertheless that no Person be punished twice for the same Offence.

the Word

LXXV. And be it enacted, That in the Construction of this Act Meaning of the Word "Magistrate" shall be taken to mean and include every Justice of the Peace appointed to be a Magistrate of the Police Courts Magistrate. of the Metropolis, and also every Justice of the Peace acting in and for any Part of the Metropolitan Police District for which no Police Court shall be established.

pro-

how to be tried.

LXXVI. And be it enacted, That every such Magistrate shall be Offences empowered summarily to convict any Person charged with Offence against this Act, on the Oath of One or more Witnesses or by his

any own Confession, and to award the Penalty or Punishment herein vided for such Offence; and the Matter of such Complaint shall be heard and determined by One of the Justices appointed to be a Magistrate of the Police Courts of the Metropolis at One of the said Police Courts; or if the Offence shall have been committed or the Offender apprehended in any Part of the Metropolitan Police District for which no Police Court shall be established as aforesaid, the Matter of such Complaint may be also heard and determined by any Two or more Justices acting in and for the County in which the Offence was committed or the Offender apprehended.

LXXVII. And be it enacted, That in every Case of the Adjudica- If Penalty is tion of a pecuniary Penalty or Amends under this Act, and Nonpayment not paid, the thereof, it shall be lawful for the Magistrate to commit the Offender Offender to any Gaol or House of Correction within his Jurisdiction for a Term mitted.

may be coin- not more than One Calendar Month, where the Sum to be paid shall not exceed Five Pounds, the Imprisonment to cease on Payment of the Sum due; and the Costs for the Recovery thereof, and so much of every such pecuniary Penalty as shall not be awarded to the Informer or other Persons who have contributed to the Conviction, shall be paid to the Receiver of the Metropolitan Police for the Purposes of this Act; and the Residue thereof, under the Direction of the Magistrate by whom the same shall have been adjudged, shall be paid and applied either to the Use of the Informer alone or to the Use of such Persons as shall have contributed to the Conviction of the Offender, in such Shares and Proportions as such Magistrate shall think fit.

LXXVIII. And

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