Page:Ukpga 18610100 en.pdf/21

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24° & 25° VICTORIÆ, Cap. 100.
837

Offences against the Person.


ment of the Prosecutor's Costs by the Defendant.adjudged to pay to the Prosecutor his actual and necessary Costs and Expenses of the Prosecution, and such moderate Allowance for the Loss of Time as the Court shall by Affidavit or other Inquiry or Examination ascertain to be reasonable; and, unless the Sum shall be sooner paid, the Offender shall be imprisoned for any Term the Court shall award, not exceeding Three Months, in addition to the Term of Imprisonment (if any) to which the Offender may be sentenced for the Offence.

Such Costs may be levied by Distress.75. The Court may, by Warrant under Hand and Seal, order such Sum as shall be so awarded to be levied by Distress and Sale of the Goods and Chattels of the Offender, and paid to the Prosecutor, and that the Surplus, if any, arising from such Sale, shall be paid to the Owner; and in case such Sum shall be so levied the Imprisonment awarded until Payment of such Sum shall thereupon cease.

Summary Proceedings in England may be under 11 & 12 Vict. c.43., and in Ireland under 14 & 15 Vict. c.93., except in London and Metropolitan District.76. Every Offence hereby made punishable on summary Conviction may be prosecuted in England in the Manner directed by the Act of the Session holden in the Eleventh and Twelth Years of Queen Victoria, Chapter Forty-three, and may be prosecuted in Ireland before Two or more Justices of the Peace, or One Metropolitan or Stipendiary Magistrate, in the Manner directed by the Act of the Session holden in the Fourteenth and Fifthteeth Years of Queen Victoria, Chapter Ninety-three, or in such other Manner as may be directed by any Act that may be passed for like Purposes; and all Provisions contained in the said Acts shall be applicable to such Prosecutions in the same Manner as if they were incorporated in this Act: Provided that nothing in this Act contained shall in any Manner alter or affect any Enactment now in force relating to Procedure, in the Case of any Offence punishable on summary Conviction, within the City of London or the Metropolitan Police District, or the Recovery or Application of any Penalty or Forfeiture for any such Offence.

Costs of Prosecutions of Misdemeanors may be allowed.77. The Court before which any Misdemeanor indictable under the Provisions of this Act shall be prosecuted or tried may allow the Costs of the Prosecution in the same Manner as in Cases of Felony; and every Order for the Payment of such Costs shall be made out, and the Sum of Money mentioned therein paid and repaid, upon the same Terms and in the same Manner in all respects as in Cases of Felony.

Extent of Act.78. Nothing in this Act contained shall extend to Scotland, except as herein-before otherwise expressly provided.

79. This