for the Amount of the Damage or Injury done, or which shall be imposed as a Penalty by any such Justice as aforesaid for any Offence contrary to this Act, shall not be paid either immediately upon or after the Conviction, or within such Period as such Justice shall at the Time of the Conviction appoint, it shall be lawful for such Justice (unless where otherwise specially directed) to commit the Offender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, according to the Discretion of such Justice, for any Term not exceeding Fourteen Days, where the Amount of the Sum awarded or the Penalty imposed or both (as the Case may be), together with the Costs, shall not exceed Five Pounds, and for any Term not exceeding Two Calendar Months where the Amount, with Costs, shall exceed Five Pounds; the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Sum or Sums awarded and Costs.

XIII. And be it further enacted, That it shall be lawful for any Mode of proOne such Justice as aforesaid, in all Cases in which no other ceeding for Mode of proceeding is specially provided or directed by this Penalties, &c. Act, or in any Case where any Person shall not be conveyed before any Justice by the Authority of this Act, upon Information or Complaint made by any Person of any Offence against the Provisions of this Act, within Fourteen Days next after the Commission of any such Offence to summon the Party accused to appear before such Justice, or before any other Justice of the Peace, at a Time and Place to be by him named; and either on the Appearance of the Party accused or in default thereof it shall be lawful for such Justice or any other Justice, at the Time and Place to be appointed for such Appearance, to proceed to examine into the Matter, and upon due Proof made thereof by voluntary Confession of the Party, or by Oath of One or more credible Witness or Witnesses, to award, order, give Judgment, or convict for the Damage or Injury, Penalty or Forfeiture, as the Case may be.

XIV. And be it further enacted, That in every Case where Form of Conthere shall be a Conviction for any Offence contrary to this Act viction. the same shall be drawn or made out according to the Form following, or to the Effect thereof, or as near thereto as the Case

shall require; (videlicet,)

County or as the BE it remembered, That on the

Case may be of

• Lord

may be of

}]

at

Day of

in the Year of our

in the County of [or as the Case A.B. is convicted before me J.P., one

• of His Majesty's Justices of the Peace for the said County [or as the Case may be], for that he the said A. B. on the

Day of • said

in the Year

at

in the

did [here specify the Offence, and on a Second Conviction state the First,] and I the said J. P. do adjudge the ' said A. B. for his said Offence to forfeit and pay the Sum of [here state the Penalty actually imposed, or the Penalty and also the Amount of the Injury done, or as the Case may be], and also to pay the Sum of for Costs, and ' in default of immediate Payment of the said Sums to be impri

'soned in the

[or, in case of a Second or subsequent
Conviction,

T4

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Service of Jus

Conviction, to be there kept to hard Labour] for the Space ' of unless the said Sums shall be sooner paid; ' and I direct that the said Sum of [the Penalty] shall be paid as 'follows; that is to say, one Moiety thereof to the Overseers of ' the Poor of the said Parish of to be by them

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applied according to the Directions of the Statute in that Case ' made and provided, and the other Moiety thereof to C.D. of [the Prosecutor, or as the Case may be]; and that the said Sum of [the Sum for the Amount of • Injury done, if any Sum is awarded,] shall be paid to E.F. [or • the said C.D., as the Case may be]; and I order that the said • Sum of for Costs shall be paid to the said C. D. ' Given under my Hand and Seal the Day and Year first above ' mentioned.'

XV. And be it further enacted, That any Summons issued by tice's Summons. any such Justice requiring the Appearance of any Defendant, against any of the Provisions of this Act, shall be deemed and taken to be well and sufficiently served in case either the Summons or Copy thereof be served personally on such Person as aforesaid, or be left at his usual or last known Place of Abode, in whatever County the same may be so served or left.

Penalty on Con. stable refusing or neglecting to serve Summons,

&c.

Distribution of
Penalties, &c.

Informants or Complainants not disqualified.

XVI. And be it further enacted, That if any Constable or other Peace Officer shall refuse or neglect to serve or execute any such Summons or Warrant granted or issued by any Justice of the Peace pursuant to any of the Provisions of this Act, every such Constable or Peace Officer so offending, and being convicted thereof upon the Information of any Person before any Justice of the Peace, shall forfeit any Sum not exceeding Five Pounds as shall be awarded by such Justice, and in default of Payment thereof shall be committed by such Justice to the County Gaol or House of Correction of the City, Town, or County in which such Justice has Jurisdiction, there to be kept for the Space of Time not exceeding One Calendar Month, unless such Penalty shall be sooner paid.

XVII. And be it further enacted, That all pecuniary Penalties which shall be recovered before any Justice of the Peace under the Provisions of this Act shall respectively be divided, paid, and distributed in the following Manner; (that is to say,) one Moiety thereof to the Overseers of the Poor of the Parish in which any of the Offences aforesaid shall have been committed, to be by such Overseers applied in aid of the Rates of their respective Parishes, and the other Moiety thereof, with full Costs, to the Person who shall inform and prosecute for the same, or to such other Person as to such Justice shall seem fit and proper; and that all and every Sum or Sums of Money which shall or may be ascertained, determined, adjudged, and ordered by any Justice of the Peace, under the Authority of this Act, to be paid as the Amount of any Damage or Injury occasioned by the Commission of any of the Offences herein-before mentioned, shall be paid to the Person who shall or may have sustained such Damage or Injury according to the Order or Determination, and at the Discretion, of any such Justice.

XVIII. And be it further enacted, That upon the hearing of any Information or Complaint exhibited or made under any of

the

the Provisions of this Act, any Person giving or making such Information or Complaint, or other Person, shall be deemed and is hereby declared to be a competent Witness, notwithstanding he may be entitled to any Part of the pecuniary Penalty, on the Conviction of any Offender, upon any such Information or Complaint as aforesaid.

XIX. And be it further enacted, That all Actions and Prose- Limitation of cutions which may be brought or commenced against any Person Actions. for any thing done in pursuance or under the Authority of this Act shall be commenced within One Calendar Month next after the Fact committed, and not afterwards, and shall be brought and tried in the County or Place where the Cause of Action shall arise, and not elsewhere; and Notice in Writing of any such Action, and specifying the Cause thereof, shall be given to the Defendant Fourteen clear Days at least before the Commencement of any such Action; and the Defendant in such Action may plead the General Issue, and give this Act and any other Matter or Thing in Evidence at any Trial to be had thereupon; and if the Cause of Action shall appear to arise from or in respect of any Matter or Thing done in pursuance and by the Authority of this Act, or if any such Action shall be brought after the Expiration of One Calendar Month, or shall be brought in any other County or Place than as aforesaid, or if Notice of such Action shall not have been given in manner aforesaid, or if Tender of sufficient Amends shall have been made before such Action commenced, or if a sufficient Sum of Money shall have been paid into Court after such Action commenced by or on behalf of the Defendant, the Jury shall find a Verdict for the Defendant; and if a Verdict shall pass for the Defendant, or if the Plaintiff shall become Nonsuit, or shall discontinue any such Action, or if, on Demurrer or otherwise, Judgment shall be given against him, the Defendant shall recover his full Costs of Suit as between Attorney and Client, and shall have the like Remedy for the same as every Defendant may have for Costs of Suit in other Cases at Law; and although a Verdict shall be given for the Plaintiff in any such Action such Plaintiff shall not have Costs against the Defendant unless the Judge before whom the Trial shall be had shall certify his Approbation of the Action and of the Verdict obtained thereon.

XX. And be it further enacted, That in case any Person Parties disshall consider himself aggrieved by any Adjudication or Con- satisfied with viction made by any Justice of the Peace under the Authority Adjudication of this Act, such Party shall and may appeal against such Ad- of any Justice may appeal to judication or Conviction on giving Fourteen Days Notice of such Quarter SesAppeal, and the Cause and Matter thereof, to such Justice, to sions. the next Quarter Sessions to be held next after the Expiration of the said Fourteen Days in or for the Town, City, Riding, County, or Division within which such Adjudication or Conviction shall have been made; and such Court of Quarter Sessions shall hear and determine the said Appeal, and award to the Party appealing against or supporting such Adjudication or Conviction such Costs as to them shall seem reasonable.

XXI. And in order to avoid the Repetition, and to prevent any Construction Misconstruction of the Terms and Expressions used in this Act, of Terms used

be

in this Act.

be it further enacted, That whenever in this Act, with reference to any Person, Cattle, Animal, Matter, or Thing, any word or Words is or are used importing the Singular Number or the Masculine or Feminine Gender only, yet such Word or Words shall be understood to include several Persons or Animals as well as One Person or Animal, and Females as well as Males, and several Matters or Things as well as One Matter or Thing, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction; and that where the Word "Cattle" is used alone in this Act the same shall be understood and taken for any Horse, Mare, Gelding, Bull, Ox, Cow, Heifer, Steer, Calf, Mule, Ass, Sheep, or Lamb, or any other Cattle or domestic Animal.

CAP. LX.

An Act for carrying into effect a Treaty with the King of the French and the King of Sardinia for suppressing the Slave [9th September 1835.]

Trade.

WHEREAS a Treaty was, on the Eighth Day of August in

the Year of our Lord One thousand eight hundred and 'thirty-four, with an additional Article thereto on the Eighth Day of December in the same Year, concluded between His Majesty the King of the United Kingdom of Great Britain and • Ireland, His Majesty the King of the French, and His Majesty 'the King of Sardinia, and signed at Turin, whereby it was ⚫ agreed as follows:

• ARTICLE I.- His Majesty the King of Sardinia accedes to the Conventions concluded and signed on the Thirtieth of • November One thousand eight hundred and thirty-one and on the Twenty-second of March One thousand eight hundred ' and thirty-three, between His Majesty the King of the • United Kingdom of Great Britain and Ireland and His Ma'jesty the King of the French, relating to the Suppression of ' the Slave Trade, as well as to their Annexes, excepting the Reservations and Modifications expressed in the Second, 'Third, and Fourth Articles herein-after given, which Articles ' shall be considered additional to the said Conventions and to ' their Annexes, and excepting the Differences which neces'sarily result from the Situation of His Sardinian Majesty as

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a Party acceding to the Conventions in question after their Conclusion; His Majesty the King of the United Kingdom of • Great Britain and Ireland and His Majesty the King of the French having accepted the said Accessions, all the Articles ' of these Two Conventions, and all the Conditions of their • Annexes, shall in consequence be held to have been concluded and signed in the same Manner as the present Convention directly between His Majesty the King of the United Kingdom of Great Britain and Ireland, His Majesty the King ' of the French, and His Majesty the King of Sardinia:

Their said Majesties engage and promise reciprocally to • fulfil faithfully, excepting the Reservations and Modifications hereby stipulated for, all the Clauses, Conditions, and Obliga' tions which result therefrom; and in order to prevent any

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Uncertainty

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'Uncertainty it has been agreed that the above-mentioned Conventions, as well as their Annexes, shall be inserted here • Word for Word, as follows:

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'Convention between His Majesty and the King of the French ' for the more effectual Suppression of the Traffic in Slaves, ' signed at Paris the Thirtieth Day of November One ' thousand eight hundred and thirty-one.

• The Courts of Great Britain and of France, being desirous ' of rendering more effectual the Means of Suppression which ' have hitherto been in force against the criminal Traffic known under the Name of the Slave Trade, they have deemed it expedient to negociate and conclude a Convention for the Attainment of so salutary an Object, and they have to this 'End named as their Plenipotentiaries; (that is to say,) His Majesty the King of the United Kingdom of Great Britain ' and Ireland, the Right Honourable Viscount Granville, Peer ' of Parliament, Member of the Privy Council, Knight Grand 'Cross of the Most Honourable Order of the Bath, Ambas'sador Extraordinary and Plenipotentiary at the Court of 'France; and His Majesty the King of the French the Lieu' tenant General Count Horace Sebastiani, Grand Cross of the • Order of the Legion of Honour, Member of the Chamber of • Deputies of the Departments, and Minister and Secretary of State for the Department of Foreign Affairs; who, after ⚫ having exchanged their full Powers, found to be in due • Form, have signed the following Articles:

Article I.-The mutual Right of Search may be exercised ⚫ on board the Vessels of each of the Two Nations, but only ⚫ within the Waters herein-after described; namely,

'1°. Along the Western Coast of Africa, from Cape Verde to the Distance of Ten Degrees to the South of the Equator; that is to say, from the Tenth Degree of • South Latitude to the Fifteenth Degree of North Lati' tude, and as far as the Thirtieth Degree of West Longi' tude, reckoning from the Meridian of Paris.

• 2. All round the Isle of Madagascar to the Extent of • Twenty Leagues from that Island.

3o. To the same Distance from the Coasts of the Island • of Cuba.

• 4°. To the same Distance from the Coasts of the Island ' of Porto Rico.

'5°. To the same Distance from the Coasts of Brazil. ' It is however understood that a suspected Vessel de' scried and begun to be chased by the Cruizers whilst ' within the said Space of Twenty Leagues may be ' searched by them beyond those Limits, if, without ' having ever lost Sight of her, they should only succeed ⚫ in coming up with her at a greater Distance from the

' Coast.

' Article II.-The Right of searching Merchant Vessels ' of either of the Two Nations in the Waters herein-before ' mentioned shall be exercised only by Ships of War whose

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