PUBLISHED EVERY SATURDAY, Price 5d. ; Post Free, 5*d. THE Jrastta of tfe mma t CO A. MACM M.A., I A Th devo Mag in tl Parli OP! Busi: Matt these sut SUBSi UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ND ON, Esq., >C. E. w. ially -aw, ases i of ical :her in VISUM, xvivuaivx) UJ.xo.Tf XJV/X1XS, X LlUlUMiCf , Office : 6, 7, 8 & 9, Fetter Lane, E.C. Or can be had through — BUTTERWORTH & Co., 12, Bell Yard, W.C. RECENT PUBLICATIONS. Stones Justices Manual (jist Edition), BEING THE JUSTICES' YEARLY PRACTICE for 1899, or Guide to the Ordinary Duties of a Justice of the Peace, with Table of Cases, Appendix of Forms, and Table of Punishments. By the late Samuel Stone, Esq. Thirty-first Edition, by George B. Kennett, Esq., Town Clerk, late Clerk to the Justices of Norwich. Price 25s. ; for Cash, 20s. -jd. Published annually. (Thin Edition, for Cash, 20s. 5**. 1899 Pratt's Law of Highways (14th Edition). Pratt's Law of Highways, Main Roads, and Bridges. By J. Tidd Pratt, Q.C. Fourteenth Edition, thoroughly revised, by William W. Mackenzie, Esq., M.A., Barrister-at-Law. The first part consists of a Treatise on the Law of Highways, independent of Statute. In the second part, the Statutes relating to Highways are classified and fully annotated. Royal 8vo. Price £2 2s. ; for Cash, post free, 34s 6d. 1897 Lumleys Public Health. Containing the Public Health Acts, and all Statutes in any way relating to or concerning the duties and Liabilities of Sanitary Authorities. Fifth Edition, by Alex. Macmorran, Q.C, and S. G. Lushington, M.A., B.C.L., of the Inner Temple, Barrister-at-Law. In 2 vols. Price £3 7s. 6d. ; for Cash, with order, £2 155 3^., carriage free. 1896 The Law of Affiliation and Bastardy. Comprising the Bastardy Laws Amendment Act, 1872, together with other enactments relating thereto, with Notes, Forms, and Index. By Guy Lushington, Esq., Barrister-at-Law. Price 6s. 6d. ; for Cash, 5s. 6d. 1897 Patersons Licensing Acts. Being the Acts of 1872 and 1874, together with all the Alehouse, Beerhouse, Refreshment House, Wine and Beerhouse, Inland Revenue, and Sunday Closing Acts, relating thereto, with Introduction, Notes, and Index. By the late J. Patersox, MA. Twelfth Edition by W. W Mackenzie, Esq., M.A., of Lincoln' Inn, Barrister-at-Law. Price 10s. 6d. ; for Cash, 85. nd. 1898 SHAW & SONS, 6, 7, 8 &. 9, Fetter Lane, E.C. BUTTERWORTH & Co., 12, Bell Yard, W.C. SUMMARY JURISDICTION PROCEDURE. SUMMARY JURISDICTION PROCEDURE, BEING THE ^ummartJ Sxtrts&trticn Acts, 1848 — 1899. REGULATING THE DUTIES OF JUSTICES OF THE PEACE, WITH RESPECT TO SUMMARY CONVICTIONS AND ORDERS, THE INDICTABLE OFFENCES ACTS, 1848 and 18fis. APPENDIX OF STATUTES RELATING THERETO, COPIOUS NOTES, INDEX, AND TABLES OF STATUTES AND CASES. jEigbtb JE&ition. CECIL GEORGE DOUGLAS, I lerl to the Lord Mayor, Mansion House Justice Room, t.'unhn. SHAW AND SONS, FETTER LANE AND CBANE COUET, B.C. BUTTERWORTH & CO., 7 FLEET STREET, B.C. law printers and flMibltsbers. 1899. BRADBVRY, AGNEW, & CO. LD., PRINTERS, LONDON AND TONBR1DGE. T f ^ ^ * PREFACE The work hitherto entitled "The Summary Jurisdiction Acts " is brought up to date in " Summary Jurisdiction Procedure," and consequently includes " The Summary Jurisdiction Act, 1899," enabling Courts of Summary Jurisdiction to deal with cases of False Pretences. It has been considered that the former title was not sufficiently comprehensive for a treatise intended to be a book of Procedure for Courts of Summary Jurisdiction to follow, and containing many other Acts of Parliament incidental to such procedure. Rapid and ready reference is a great factor in a book of this nature. It is hoped, therefore, that the removal of the side-notes and the foot-notes thereto, and their being printed in clear type at the head of each section and foot-note respectively, will enhance the utility of the work. In the text the short titles of the various Statutes referred to are given. The Editor desires to express his acknowledgments 7 73799 vi Preface. to the Editors of the various legal treatises referred to in this work ; to Mr. Hugh Soulsby, of the Inner Temple, for valuable suggestions ; and to Mr. Warren, of the Mansion House Justice Room, for his careful preparation of the voluminous Index. He is also much indebted to various kindly criticisms and suggestions on the last edition of " The Summary Jurisdiction Acts" received from various Justices' Clerks in England and Wales. He trusts to have the advantage of similar suggestions towards the improvement of the present work. C. G. D. Mansion House Justice Room. London. August, 1899. CONTEXTS. THE SUMMARY JURISDICTION ACT, 1848. 11 & 12 VICT. Cap. 43. An Ad, to facilitate the performance of the Duties of Justices of the Peace out of Sessions, within England and Whales, with respect to Summary Convictions and Orders. [14th August, 1848. j PAGE Sect. 1. Wlioiv information laid that an offence punishable on summary conviction has been committed, &c., summons ......... 1 2. Provisions to issue of warrant for accused . . . 1j 3. Form and contents of warrant . . . . .10 Execution of warrant . . . . . . .19 Certain provisions of 11 & 12 Vict. c. 42, as to backing of warrants to extend to warrants issued under this Act lit < Objections to warrant for want of form or variance from evidence . . . . . . . . .19 4. Description of property in informations . . . .24 5. Aiders and abettors ....... 25 6. Provisions of 11 & 12 Vict. c. 42, as to justices of one county, &c, acting for the same while in another, &c, to extend to this Act ...... 30 7. Powers of obtaining attendance of witnesses . . .37 8. Complaints not required to be in writing . . . 43 9. Variances between informations ..... 43 10. Complaints and informations not required to be mi oath . 4(5 Complaints, &<•., to be for one matter only . . 46 11. I. imitation of prosecution ...... 52 12. Constitution of court, and rights of parties to counsel, &C. 59 13. Procedure in ease of absence of complainant or defendant 71 14. Proceedings at the hearing ...... 73 15. Examination of witnesses upon oath . . . .87 16. Adjournment of hearing ....... 88 17. Form of convictions and orders — Defendant to be served with minute of order before issue of warrant of com- mitment or distress ....... 90 18. Award of costs to complainant or defendant ... 93 19. Warrant of distress for recovery of penalty or sum of money ......... 94 viii Contents. 11 & 12 Vict. C. 43— continued. pack Sect. 20. Where warrant of distress issued, defendant may be set at large or detained in default of security . . . 98 21. In default of distress, defendant may be committed . 99 22. Where the statute provides qo remedy in default of dis- tress, defendant may lie committed .... TOO 23. Provision where the statute does not direct levy by dis- tresSj but directs commitment in case of non-payment 101 24. Provision where the conviction orders imprisonment and nut payment of a penalty, or where order is not for payment of money, but that some act shall be done, and fur imprisonment in case of default — Levy of dis- tress for costs . . . . . . . .103 25. Provision where defendant already in prison for another offence . . . . . . . . . 10;"< 26. ^Vhere costs recoverable from prosecutor . . .106 27. Execution after decision of appeal . . . . .107 28. Payment of penalty Ill 29. Acts which may In- done by one justice . . . .111 30. Fees of clerks of the peac< — Penalty on clerks taking- other fees than those allowed . . . . .11:; 31. Regulations as to payment, &c, penalties, &c. — Accounts, and returns . . . . . . . .115 32. Repealed by Statute Law Revision Act, 1891 . . .118 33. Metropolitan police magistrates and stipendiary magis- trates may act alone . . . . . . .119 34. Lord mayor or alderman of London may act alone . 120 35. To what proceeding this Act shall not extend . . .1^0 36. Repealed by Statute Law Revision Act, 187;". . . .121 37. Extent of act and saving 121 TILE STJMMAEY JUEISDICTION ACT, 1879. 42 & 43 VICT. Cap. 49. An Act to amend the Law relating to the Summary Jurisdiction of Magistrates. [11th August, 1879.] Sect. 1. Short title 123 2. Application of Act 123 3. Commencement of Act . . . . . . .123 PART I. Court of Summary Jurisdiction. 4. Mitigation of punishment by court ..... 123 5. Scale of imprisonment fur non-payment ol money . . 125 6. Sum recoverable by summary order to he recoverable as a civil debt . . 126 Contents. ix 42 & 43 Vict. c. 49— continued. i-age Sect. 7. Payment by instalments of or security taken for payment of money . . . . . . . • .128 8. Provision a.s to costs in the case oi' small tines . . . 129 9. Enforcing of recognizances by court of summary juris- diction ......... 131 10. Summary trial of children for indictable offences, unless objected to by parent or guardian .... 1 3-.J 11. Summary trial with consent of young persons (juvenile offenders) . . . . . . . . .138 12. Summary trial with consent of adult .... Ill 13. Summary conviction on plea of guilty of adult. . . 142 14. Restriction on summary dealing with adult charged with indictable offence . . . . . . .144 15. Restriction on punishment of child for summary offence . 146 16. Power of court to discharge accused without punishment . 140 17. Right to claim trial by jury in case of offences otherwise triable summarily ....... 14S 18. Imprisonment in cases of cumulative sentences not to exceed six months . . . . . . .151 19. Appeal from summary conviction to general or quarter sessions . . . . . . . . .151 20. Court of summary jurisdiction to sit at a petty sessional or occasional court-house, &c. ..... 152 21. Special provisions as to warrants of commitment for non- payment of sums of money, and as to warrants of distress ........ 150 Supplt mental Provisions. 22. Register of court of summary jurisdiction . . . 1T.7 23. Regulations as to securities taken in pursuance of Act . l. r > ( J 24. Power of court of summary jurisdiction to remand for indictable offences . . . . . . .160 25. Procedure before court of summary jurisdiction in ease of sureties to keep the peace . . . . . .162 26. Power of petty sessional court with respect to varying order for sureties . . . . . . .164 27. Regulations as to indictable offences dealt with summarily 164 28. <-'ost of prosecution of indictable offences dealt with summarily . . . . . . . . .170 29. Power of the Lord Chancellor to make rules . . .173 30. Power to provide petty sessional court-house . . .174 PART II. Am' an' an iii of Procedure. 31. Procedure on appeal to general or quarter sessions . .175 32. Applications of provisions respecting appeals to quarter sessions to appeals under prior Acts repealed in part by 47 ,0 48 Vict. e. 43] 186 33. Appeal from court of summary jurisdiction by special case 187 x Contents. 42 & 43 Vict. c. 49 -continued, page Sect. 34. Summary orders 189 35. Recovery of civil debts in court of summary jurisdiction . 190 36. Summons of witness when out of the jurisdiction of a court of summary jurisdiction ..... li'2 37. Summons or warrant not avoided by death of justice, &c. 193 38. Bail of person arrested without a warrant . . . 193 39. Provisions as to proceedings, &c. ..... 104 40. ( 'i' s '' from quarter sessions without certiorari . . . 196 41. Proof by declaration of service of process, handwriting, &c 196 42. Recognizances taken out of court ..... 197 43. Procedure on the execution, of distress warrants . . 199 44. Return, by order of court, of property taken from prisoner 201 45. I- oral jurisdiction of court under tins Act . . . "201 46. General provision as to local jurisdiction of courts of summary jurisdiction . ...... 2t>i PART III. Definitions, Savings, and Repeal of Acts. Special Definitions. 47. Application of Act to sums leviable by distress or payable under order ........ 203 48. As to clerk of court of summary jurisdiction . . . 204 49. Special definitions for purposes of the Act . . . 205 i :• ii< ral Definitions. 50. General definitions applicable to this and future Acts . . 206 Application of Acts. 51. Application of Summary Jurisdiction Acts to future Acts. 208 Savings and < 'onslruction. 52. Saving for Army, Navy, Marine, and Militia Acts . . 209 53. Application of Summary Jurisdiction Acts to post-office, inland revenue and customs ..... 209 54. Application and construction of Act . . . .211 K* i" til . 55. Repeal of Acts 212 Schedules. Piist Scheduli — Indictable Offences which can be dealt with summarily under this Act ....... 213 THE SUMMARY JURISDICTION ACT (1879) AMEND- MENT ACT. 1899. 62 & 63 VICT. Cap. 22 . . 217 ( i" fines ami other miih.-- of money .....'. 220 4. Repeal of Acts in Schedule . . . . . 221 5. Removal of doubts as to application of Summary Juris- diction Acts ....... 222 6. Application of provisions of 42 & 13 Vict. c. 19, respecting appeals, to appeals under prior Acts .... 223 7. Removal of doubl as to 42 & 13 Vict. c. 49, s. 50 repealed by 52 &, Iti Vict. c. 50, s. 227, or 42 & 43 Vict. c. 49, s. 38 . . . . 22.". 10. Saving for the recovery of poor rates, &c . . . 22.") 11. Reeovcry of payments certified by district auditors . . 225 12. Effect of Forms (11 & 12 Vict. c. 43) .... 220 .Schedule {repealed) ........ 22t> Index to the Summary Jurisdiction Rules, 1886 .... 227 Index to Consolidated Forms of 18Sb* ...... 228 Table showing the correspondence between the Forms scheduled to 11 & 12 Vict. c. 43, and the Consolidated Forms .... 230 Table showing the correspondence between the Forms scheduled to the Summary Jurisdiction Rules, 1880, and the Consolidated Forms •_':;! Summary Jurisdiction Rules, 188b* . ..... 233 Rule of 1899 as to sums paid under sect. 9 of the Prison Act, 1898 . 239 Schedule of Forms (Consolidated Forms, 1886) . . . 240—271 Rule of 1895 and Forms (Reformatory and Industrial Schools . 272 THE SUMMARY JURISDICTION (PEOCESS) ACT. 1881. 44 & 45 VICT. Cap. 24. Aii Ait In nun nd tin Lava n specting the Servia of Process of Courts of Summary Jurisdiction in England and Scotland. [18th July, 1881.] Sect. 1. Short title 279 2. Extent of Art 279 xii Contents. 44 & 45 Vict. c. 24— '•"" / ''"'"' / . page Sect. 3. Repealed by 57 - charged with Indictable Offences. [14th August, 1848 1. Sect. 1. Grant of warrant or summons against persons charged with offences ........ 286 2. Warrant to apprehend for offences committed on the high seas or abroad ........ 297 3. Warrant to apprehend a party against whom an indict- ment is found — Person apprehended to be committed for trial or admitted to bail — Provision where person indicted is already in prison for some other oiience . 30.> 4. Issue of warrants on Sundays ...... 307 5. Provision where justices act for two adjoining counties, &c . . . 310 6. Justices for a county, s 7 1. Summons of a witness ........ '» s 7 2. Warrant where a witness has oot obeyed a summons . . :> s 3. Warrant for a witness in the first instance .... 388 4. Warrant of commitment of a witness for refusing to be sworn or to give evidence ....... 389 Deposition of witnesses ........ 389 Statement of the accused ........ 390 1. Recognizance to prosecute or give evidence .... 390 Condition to prosecute ........ 390 Condition to prosecute and give evidence .... 391 Condition to give evidence ....... 391 xiv Contents. Schedule— continued. page 0. 2. Notice of the saiil recognizance to he given to the prosecutor and his witnesses ........ 391 P. 1. Commitment of witness for refusing to enter into the recog- nizance .......... 391 2. Subsequent order to discharge the witness .... 392 Q. 1. Warrant remanding a prisoner ...... 393 2. Recognizance of bail instead of remand, on an adjournment of examination ......... 393 Condition 393 3. Notice of such recognizance to be given to the accused and his sureties ......... 394 4. Certificate of non-appearance to be indorsed on the recog- nizance .......... 394 R. 1. Warrant to convey the accused before a justice of the county, &c, in which the offence was committed . . 394 2. Order for payment of the constable's expenses . . . '■'■'■*'' S. 1. Recognizance of bail ........ 395 Condition in ordinary cases ....... 396 2. Notice of the said recognizance to be given to the accused and his bail ......... 396 3. Certificate of consent to bail by the committing justice indorsed on the commitment ...... 396 4. The like, on a separate paper ...... 396 5. Warrant of deliverance on bail being given for a prisoner already committed ....... 397 T. 1. Warrant of commitment ....... 397 2. Gaoler's receipt to the constable for the prisoner, and justice's order thereon for payment of the constable's expenses in executing the commitment ...... 397 Till: IXDKTABLE OFFENCES ACT AMENDMHNT ACT. 1868. 31 & 32 VICT. Cap. 107. .In Act to amend the Law relating to the Indorsing of Warrantsin Scotland, Ireland, and the Channel Islands. [31st Jul)", 1868.] Sect. 1. [Repealed by Statute Law Revision Act, 1893) . . . 399 2. Short title 399 3. Construction 399 4. Warrants issued in Scotland or Ireland, how to he hacked in the Channel Islands, and vice versd — Effect of warrants so backed ....... : !'.»'.' 5. Definition of terms ........ 400 Contents of Appendix ......... 40U ( 'ontents. xv APPENDIX. PAGE 11 k 12 Vict. c. 44 (The Justices' Protection Act, 1848) . . . 405 35 & 36 Vict. c. 26 (The Review of Justices Decisions Act, 1872) . 12 1 20 &21 Vict. c. 43 (The Summary Jurisdiction Act, 1857 , Statement of Case ........... 425 12 & 13 Vict. c. 45 (The Quarter Sessions Act, 1849), commonly called Haines' Act ......... 448 3 Geo. 4, c. 46, ss. 2, 3, 5, 6 (The Levy of Fines Act, 1822) . . 456 14 & 15 Vict. c. 55, ss. 9 — 12 (The Criminal Justice Administration Act, 1851) 459 40 k 41 Vict, c 43 (The Justices' Clerks Act, 1877) . . .461 45 k 46 Vict. c. 50, s. 159 (The Municipal Corporations Act, 1882) . 467 7 Geo. 4, c. 64 (The Criminal Law Act, 1826), ss. 1, 5, 6, 12, 13 . 468 22 & 23 Vict. c. 17 (The Vexatious Indictments Act, 1859) . . 470 30 & 31 Vict. c. 35, ss. 1 and 2 (The Criminal Law Amendment Act. 1867) . 473 30 k 31 Vict. c. 35, ss. 3, 4, and 6 — 10 (The Criminal Law Amend- ment Act, 1867) 474 61 k 62 Vict. c. 36 (The Criminal Evidence Act, 1898) . . .177 47 & 48 Vict. c. 58 (The Prosecution of Offences Act, 1884) . . 484 Regulations under 42 k 43 Vict. c. 22, and 47 & 48 Vict. c. 58 . 485 52 & 53 Vict. c. 12 (The Assizes Relief Act, 1889) .... 487 7 Geo. 4, c. 64, ss. 22—25 (The Criminal Law Act, 1826) . . 489 14 & 15 Vict. c. 55 (The Criminal Justice Administration Act, 1851), ss. 2, 5, 6, 7, 8, 13, 17, 18, 19, 23, and 24 ... . 192 29 & 30 Vict. c. 52 (The Prosecutions Expenses Act, 1866) . . 495 30 & 31 Vict. c. 35, s. 5 (The Criminal Law Amendment Act, 1867) 197 Secretary of State's Order, Fehruary 9th, 1858 .... 499 ,, * ,, „ February 14th, 1863 .... 505 December 21st, 1895 .... 506 2 & 3 Vict. c. 71, s. 13 (The Metropolitan Police Courts Act, 1839 . 506 5 & 6 Vict. c. 109, s. 17 (Constables' Fees) . . . . 507 21 k 22 Vict. c. 73 (The Stipendiary Magistrates Act, 1858) . . 508 xvi Contents. Appendix— continued. pack 32 & 33 Vict, c. -'54, s. 2 (The Stipendiary Magistrates Act, 1869) . 509 51 A: 52 Yict. c. 23 (The Recorders, Magistrates, and Clerks of the Peace Act, 1S88) 510 45 k 46 Vict. c. 50, s. 161 (The Municipal Corporations Act, 1882) . 511 32 & 33 Vict. c. 62, s. 5 (The Debtors Act, 1869) . . . .511 38 & 39 Vict. c. 55, s. 254 (The Public Health Act, 1875), Applica- tion of Penalties . . . . . . . . .513 45 & 46 Vict. c. 50, s. 221 (The Municipal Corporations Act, 1882). 513 50 .*c 51 Vict. c. 25 (The Probation of First Offenders Act, 1887) . 514 61 k 62 Vict. c. 41, ss. 6, 9, 11, 12, 16, sub-sect. 2 (Prison Act, 1898) 515 52 & 53 Vict. c. 63 (The Interpretation Act, 1889) .... 521 Rules and Forms [1886] under the Employers and Workmen Act, 1875 536 Note. — In the text, the printing of the Revised Edition of the Statutes has been followed, and the Short Titles of the various Acts of Parliament referred to have been inserted. The Summary Jurisdiction Acts of 1848, 1879 and 18S4, the Summary Jurisdiction (Process) Act. 1881, and the Summary Jurisdiction Rules, 1886, are frequently quoted as the S. J. Act, 1848, the S. J. Act, 1879, the S. J. Act, 1884, the S. J. (Process) Act, 1881, and the S. J. Rules, 1886, respectively. TABLE OF STATUTES. [Note. — Where a Statute is repealed, it is 30 marked in the text in italics.] r \oi: PAGE 2 & 3 P. i M. c. 7 . . 167 39 & 40 Geo. III. c. 99, s. 24 . 444 c. 13 . . 35:5 s. 35 . 445 31 Eliz. c. 12 . . 167 42 Geo. III. c. 85 . 298 43 Eliz. c. 2, s. 7 . 57 43 Geo. III. c. 141 . . 424 7 Jac. I. c. 5 . 42 1 s. 1 . lo:, 21 Jac. I. C. 7 . 10 51 Heo. III. O. 100 . . 4!»4 e. 12 . . 424 53 Geo. III. c. 127 . . 408 22 & 23 Car. II. c. 25 59 s. 7 . 418 29 Car. II. c. 7 . 47, 5o 55 Geo. III. c. 194, s. 1 11 s. 1 . . 412 58 Geo. III. c. 70, s. 7 171, 172 s. 6 . . 30S, 322 59 Geo. III. c. 12, s. 24 71 31 Car. II. c. 2 . . 372 60 Geo. III. k 1 Gen. IV. c. 1. 1 Will. & M. Sess. 2, c. 2 318, 370 s. 7 318 9 Will. III. c. 15 . 454 1 & 2 Geo. IV. c. 63 . . 312 c. 35, s. 2 . 318 3 Geo. IV. e. 46 455 11 & 12 Will. III. c. 12 . 298 s. 2 . . 456 5 Anne, c. 14, s. 1 59 s. 56 . 458 s. 4 . 29 4 Geo. IV. c. 34, s. 5 4 1 Geo. I. Stat. 2, c. 5, s. 8 . 318 c. 37, s. 1 . 86 9 Geo. I. c. 7, s. 3 . . 32 c. 60, s. 67 . 150 11 Geo. II. c. 19 36, 50, 71 c. 95 . 183 ss. 4, 5 . 17S 5 Geo. IV. c. 18, s. 2 96, -J'.'!' 14 Geo. II. c. 44 . 424 c. 83 . 480 16 Geo. II. c. 18, s. 1 . 65 s. 4 . 53, 186 17 Geo. II. c. 38, s. 4 109, 450 ss. 6—11 . 323 IS Geo. II. c. 20. 32, 2 90, 291, 292 s. 13 . 308 s. 3 . . 292 7 Geo. IV. c. 38 . 303 20 Geo. II. c. 42, s. 3 . 122 c. 64 . 353 24 Geo. II. c. 44 . 42o s. 1 . 5, 6, 468 s. . 410, 414 s. :; . . 310 25 Geo. II. c. 36, a. 2 . 423 ss. 5, 6, 1". . 469 ss. 5 — 7 171, 172 s. 12 . . 296 26 Geo. II. c. 14 . 114 s. 13 . 469 27 Geo. II. c. 3 . 379 s. 14 25 5 Geo. III. c. 14 . 52 ss. 22—25 . 489 17 Geo. III. c. 56, s. 1 . 150 s. 23 192, 495 s. 4 . 312 s. 28 . 493 35 Geo. III. c. 101, s. 2 . 53 7 A: 8 Geo. IV. e. 28, s. 14 . 535 38 Geo. III. c. 52 . 491 c. 29, s. 57 . 167 S.J. A. Will Table of Statutes. 7 & 8 Geo. IV 9 Geo. IV. c. 31 10 G« 1 .V 2 Will. IV PACK c. 30, s. 30 . 12 c. 53, s. 65 . 26 s. 82 179, 180 c. cviii. ss. 13, 15, 10, 36, 42 414 82, 84 s. 7 . . .304 3. 27 . 40, 82 c. 13. . . 31, 293 c. 54, s. 35 . . 535 c. 61 . .109, 428 s. 27 . . 456 c. 69 . . si, 319 s. 1 . . . 150 s. 4 . . . 31 S s. 9 . . . 359 IV. c. 44 . . 119, 382 . 411 92 67, 69 45 s. 4 . 32 . s. 30 s. 41 41, s. 11 s. 15 2 & 3 Will. 4 & 5 Will. 1\ 64 . «■. 120 IV. c. 36 s. 22 c. 37, s. 17 c. 51, s. 23 u. 76 27 45 45 313 110 361 303 493 180 226, 527 s. 99 c. 85, s. 17 5 & 6 Will. IV..-. 20, s. 21 c. 38, s. 3 s. 78 s. 7!* s. 90 c. 62 . c. 69, s. 7 . ss. 38. 109 36 . 127 179, 441 c. /6 s. 16 s. 101 c. cvu. IV. c. 37, s. 8 . 8. 11 c. 37, s. 31 c. Ill, ss. 2, 3 . & 1 Vict. <•. 36 s. 37 c. 39 1 & 2 Vict. C. 74 6 & 7 Wi Will. IV 92 375, 433 81, 323 . D23 . 497 . 529 25 . 206 . 116 22 28 . 28 308, 309 45 :;s.i 37 296 535 94 87 2 & 3 Vict. c. 47 e. 71 . n; s. 12 s. 44 ss. 54, 62- s. 57 ss. 70, 71 PAGE ,119, 382 107, 379 . 28 -69. ss. 13, 14 s. 17 s. 18 s. 22 s. 25 ss. 27- s. 40 s. 41 s. 45 8. 47 s. 57 s. 77 c. 82 r. 84, s. .'. 93, s. s. c. xciv. 3 & 4 Vict c. 51 c. 84 5 & 6 Vict, c 90 97 30 38 6 ."»; 7 Vict. 7 k $ Vict. c. 93, s. C. 109, : C. 30 c. 34 c. 65 c. 68 c. 73, s. 8. c. 86, s. s. .•. 96, s. c. 2 . c. 15, B. C. 22, s. C. 21 6 13 33 15 17 Table of Statutes. XIX PAGE PAGE 7 h 8 Viet c 61 . 313 12 >v 13 Vict. c. H)3, s. 15. 25 ss. 1, 2, 3 36, 502 13 k 1 I Vict, c 2", s. 2 . . 507 c. 85, -. 12 . 502 .-. 21 . . 535 .-.101 50 c. 37 . . 145 8. 2 12 1 1 & 323, 197 s. 3 5, 407 ■ •. 55 . . 326 s. 4 . 178 ss. 2, 5, 6, 7, s. 32 53, 22o 8, 13, 19, s. 57 . 35 23,74 492 — 495 s. 68 . 61 -. 5 499, 506 s. 70 . 39 e. 55, ss. 9 — 12 459— 4til 8 A; 9 Vi.t. <•. 10 . 184 -. 9 . . 462 c. 16, s. 135 6 s. 10 . . 462 c. 18 54, 530 s. 12 . . 234 c. 19 . 530 s. 18 . 23, 329 C. 23, s. 3 62 c. 70 . . . 530 s. 103 . 127 e. 93 . -- 525 s. 138 6 >. 27 . . 327 c. 100, s. 44 . 28 s. 29 . . 326 .-. 109, s. 3 3, 208 c. 99 . . 87 s. 4 . 150 >. 2 . . 346 10 & 11 Viet. e. 82 . . 145 s. 3 . . 346 c. 89 . . 323 C. 100, s. 1!« . . 470 3. 2 . 10 16 ,v 17 Viet. c. 30 . 84 375, 516 s. 35 51 s. 6 . . 103 11 & 12 Vict. e. 12, s. 10 . 490 39, 334 c. 31, s. 9 . 181 e. 119, s. 3 . 34, 150 C. 42 . . 286 -. 11 . . 308 c. 43 . 1 17 & 18 Vict. c. 38, s. 5 . 42 <•. 41 . . 405 e. 102, ss. 10. 13 . 497 s. 1 . 78 IS & . 300 C. 46 . . 453 ,-. 108, s. 4 . . 419 . 63, s. 39 56 c. 120 . . 418 s. 69 54 ss. 1 25 - -120 4 28 s. 135 . . 442 s. 231 . . ISO c. 78, s. 4 . 434 e. 121, s. 40. . 183 c no, s. 9 . 35 c. 122. ~. 26. . 427 12 & 13 Vict. c. 14, s. 5 6 8. 7:'. . 5 4 C. 16, s. 2 . 414 s. 103 .".1 ss. 7, 8 . 409 s. 106 . 433 c. 18 . :'.5, 293 e. 126 . 144, 166 s. 2 . 175 20 & 21 Vict, c 4:; . . 425 <•. 45 . . 448 c. 83 . 1'.'. 133 8S. 1. 2 . 181 s. 1 . . 308 -. ."■ H )0, 108, 109, 21 & 22 Vi.t. e. 7::. ss. 1 — . 6, 110, 111 1 , 14 508 s. 7 . 103 e. 73, s. 5 . . 101 s. 11 . 432 c. 98, s. 34 . . 127 s. 18 . 110 8, 63 . 54, ;.'i C '.'2. s. 2 45 c. 101, s. 5 . . 431 s. If 45 22 Viet. c. 32 . . 118 s. 16 . 430 22 x 23 Viet. c. 17 . . 470 c. 103, s. 9 . 53 c. 21, s. 30 . . 157 b 2 XX Table of Statutes. l'AOE 1'A<;k 22 & 28 Vict. c. 32, s. 2 . 23, 311 24 & 25 Vict. e. 100, s. 43 . 41,50,75. 23 & 24 Vict c. 97 . . 530 79 c. 106 . . 530 s. 44 . 81 c. 127, s. 33 61 s. 45 79, 80 21 & 25 Vict c. 94 . ss. 2, 8 s. 7 . 497 26 . 296 s. 46 ss. 48- s. 56 66, 171 -55 . 480 39 c. 94, s. 9 . 37, 305 s. ;>7 . 296 c. 95, s 1 . . 469 s. 65 . 308 c. 96 . s. 1 . 50, 497 . 59 s. 68 s. 77 . 304 . 171 s. 7 . . 166 c. 109, ss. 8, 9, 14, ss. 18, 21, 17 150 33, 34 150 c. 110, s. 4 . 308 ss. 64, 70 . 296 25 & 26 Vict. c. 18, s. 1 134, 139 s. 80 . . 319 s. 2 . 139 s. 87 . • 359 c. 89, ss. 62, 63 . 6 s. 88 . . 219 c. 102, s. 75 56, 180 s. 91 . . 215 s. 77 . 419 s. 95 . . 215 25 & 27 Vict. c. 65, s. 24 . 128 s. 96 . . 296 s. 27 45 s. 100. 166, 167 c. 77 . 31, 32, 33 s. 103. 308, 323 s. 1 32, 121 s. 114. 36, 296 27 & 28 Vict. c. 37, s. 9 . 150 s. 115. 36, 304 c. 39, s. 6 66 c. 97 . 50 68, 497 c. 53 . 284, 525 s. 16 . . 219 c. 55 . . 126 ss. 23, 25 . 150 c. 71 . . 530 s. 35 . . 217 28 & 29 Vict. c. 18, s. 9 . 75 s. 41 . . 150 c. 37 . . 181 s. 52 . 25, 69 c. 121, s. 56 . 150 s. 55 . . 308 c. 126, s. 38 . 150 s. 57 . . 323 29 & 30 Vict c. 52 . . 495 s. 61 . . 323 c. 109 . . 479 s. 72 . S6, 304 c. 110, s. 10 . 47 c. 98 . . 362 c. 113, s. 18 . 535 s. 41 . . 296 c. 118 . . 140 S. 46 . . 308 s. 14 140, 275, s. 50 . . 304 276 c 99 . s. 27 . s. 28 . . 362 . 308 . 296 s. 15 s. lt> s. 17 . 276 . 277 . 277 s. 31 . . 323 30 & 31 Vict c. 19 . . 326 s. 36 . . 304 s. 1 . 328 c. 100 . . 497 c. 35, ss. l, 2 . 3, 1, s. 9 . 295, 304 '■.. 7 0. lo 473 s. 10 . . 295 s. :; 352, 353 ss. 11, 15 . 360 s. 5 . 497 s. 27 . 39 s. 6 40, 335 s. 33 . . 217 c :;:.. s. 7 . 345 s. 41 . . lol s. . 167 s. 42 . 50, 66, 70, D. 84 . 15, oi 80 81 , 86, 171 s. 31 . 112 Table of Statutes. xxi PAGE PAGE 30 k 31 Vict. c. 106, a. 27 . 14, 35 35 .v :;-; Vict c 93, b. 30 . 17. 15 . 44 I. 152 32 k 33 Vict. c. 18 . . 530 s. 47 . 443 r. 27 . . 431 <-. 71, s. 11 . 146 C. 34, 8. 2 . . 509 e. 91 . 469 C. 62, 8. 4 . . 99 37 & 38 Vict. c. 36 . 359 8. 5 100, 191, c. 45 181 511 c. 49, s. 17 . 308 8. 18 . 355, 471 c. 88, s. 46 . 318 v. 20 . . 360 38 & 39 Vict. c. 17, s. 73 . 308 c. 68, s. 3 . . 7-; ss. 79, 91 150 c. 70, s. 57 . . 31 c. 24 . 497 s. 103 31 c. 25, s. 6 308 s. 108. . 430 c. 46' . . 191 c. 89, ss. 10, 11 . 498 c. 54 . . 3 I, 291, c. 112, s. 7 . 45 292 33 k 34 Vict. c. 29, s. 15 . 8 c. 55, s. 36 55 c. 52 . . '294 s. 92 . . 443 c. 75 . . 97 s. 115 . 34 k 35 Vict. c. 18 . . 292 ss. 116, 117 8 c. 32, s. 7 . . 491 s. 119 . . 309 c 41, s. 46 . . 65 s. 150 . r.-; c. 4S . . 32 s. 156 . 58 s. 2 34, 2: . 359, 107 44 & 45 Vict c. 24 c. 33 . 279 . 525 ss. 30, : 55, 36 318 359 c. 5/ . 209 c. 74. s. 2 . 118 c. 58 6, 209, 479 c. 76 121, 1 11 s. 145 . . 6 48 & 19 V ict. c. 69 480, 497 s. 153 . . 149 s. 1 319, 347 s. 156 . . 309 s. 5 . 318 c. 60, s. 4 . 355, 375 s. 5 . 173. 375, 471 s. 10 s. 13 309, 409 150, 171, 172 c. 68 . 188 s. 17 359—471 C. 69 . 294 s. 3 . . 326 50 & 5H ict. c c. 25 •J- 117, 514 . 471 45 & 46 Vict . C. 49, c 50 s. 43 . .45 . 206. 527 s. 6 . . 34 s. 7 . . 494 (■ 35 s. 2 s. 12 s. 15 . 150 . 309 45 . 479 ss. 78, 79 . 293 51 & 52 Vict 23 . 510 s. 105 . . 175 c 11 88. 3, 2 8, 78, s. 154 . 34, 37, 312 1( . 423 88. 155—160 10 ss. 3, 2 3 . 497 8. 157 . 34, 294 8. 75 . 497 s. 158 . 34, 87 c. 43 . 522 8. 159 . . 467 c. 46 '. 87. ^ , 334, 364 8. 160 . . 175 ('. 64 s. 8 . 319 8. 161 . . 511 52 * .-,:; V ict. c. 11 8. 4 . 309 Table of Statutes. xxin PAGE PAGB 52 & 53 Vi.t.c. 12 . 487 57 & 58 Vict. 0. 60, s. 680 . 150 c. 44, s. 5 . 137 s. 681 . 192 c. 52 360, 497 , ,. <;>:: 54 c. 57, s. 5 . 127 s. 684 . 296, 300 c. 62, s. 13 . . 12 1 ss. 684 —687. 36 c. 63 7. :■'.', 521 s. 685 . 303 53 Vict. c. 5, s. 299 . . 1."..". s. t;si; . 303 ss. 301—31 L . 180 s. 687 . 303 8. 313 . 179 s. 691 . ".12 53 k 54 Vict. c. 59, s. 8 . 49 s. 693 . 201 f»4 & 55 Vict. c. 7;".. s. 29 . 45 s. 700 . 497 c. 76, s. 6 6 c. cxiii. . . 0, 55, 180 y. 11 57 58 k 59 Vict. c. 39 . 4 2, 57. 7 s. 47 . 15" 188, 212 s. 122 65 59 k 60 Vict. c. 25, s. 9 1 6 56 & 57 Vict. c. 48 161, 364 59 ss. 1, 2 . 1:37 60 k 61 Vict. c. 30, 8. 1 . 170 c. 61 . 4" 1, 421, 421 c. 47 . 128 S. 1 . 421 e. 52 50 s. '_' . 421 til Vict. c. 7, 8. 1 . 370 c. 71, s. -Ai . 169 61 -v 02 Vict. c. 22 2 20, 221, 222, c. ccxxi. . 441 225, 226, 445, 482 s. 11 . 184 c. 36 41, 75, 477 57 .V 58 Vict. c. 16 . 4 1:3, 452 s. 1 . 352 c. 41 L80, 497 c. 41 39, 174. 515 s. 1 . 150 s. 6 . 124, 163 s. 4 . 323 s. 9 . 126, 174, s. 7 . 212 239 s. '.' . 137, 140 8. 11 88, 89 s. 10 . 309 3. 12 . 101. 522 s. 13 . 346 c. 60 . 142, 214 s. 1 1 . 346 s. 2 . 217 s. 15 . 141 62 >v 63 Vict. c. IS i . 139, 274 s. 18 47, 57 C. ■!■- 13s. 211, 218 c. 56 212, : 17, 279, 248 TABLE OF CASES. Kay, 41:3, Adams r. Masters Adamson, R. r. Addis, Ex Jin rtc . Agnew v. Jobson, M Allen, and Banks Aleock, R. v. Allen, R. v. . Allen, K. v. . Allen, R. v. . Allen, Elizabeth, In re Allen v. London and South Western Railway Company Allison, E.i- parte . Allison r. Charlesworth Anderson, R. r. . . 2 Anderson, R. v. Anderson v. Hamlin Anglesey, J.F., H. r. Annakin v. Smith Annesley v. Anglesea . Anon. .... Apothecaries Company v Jones Armstrong, R. v. . Arnold r. I Hinsdale Ashdowil r. Curtis Ashplant, 1!. v. Ash ton, R. v. Aspinall v. Sutton Aston, K. v. Atkins, R. v. Attorney-General v. McLean Attorney-General v. .Moore Attorney-General v. Radloff Austin. Ex parte . Austin e. Milton-next-Sitting bourne Austin, R. r. Austin, R. v. Aves, K. r. . PAGE 70 317 97 4?3 fi4 3-22 299 64 225 322 103, 105 113 299 343 52 184 47 43 85 11 299 37 438 87 453 138 79 372 30 116 76 !, 89 450 . 318 . 340 01, 75 PAGE Aylett, R. v. . . . 381 Azzopardi .... 304 15ackhou.se v. Bisbopwear- lnouth .... 53 Bacon, R. v 92 Badger, R. r. . . .371 Baker c Townsend . . 41 Baldry, K. r. . . . 350 Banks, app., Goodwin, resp. 437 Barnes '■. Rider ... 12 Barnes r. White ... 96 Barnet i: Cox . . . 507 Barraclougb v. Brown . .128 Barronet, Ex parte . . 371 Barthelemy, R. '■. . . 371 Bartholomew v. Wiseman . 11 Barton r. Bricknell 407. 409, 112, 413 Basingstoke School, He . 128 Hasten /■. Carew ... 44 Bateinan, R. v. . . . 156 Bates. R. V 338 Bather or Battier, R. v. . 314, 317, 471, 172 Baxendale, R. c. . . . 454 Beadle, R. v. . . .110 Beal, E.r j"ie>> ... 47 Beardmore, Rex v. . . 373 Beaver, R. v. 339 Berkley, R. /•.... 358 Beckwith r. Philby . . 323 Bedingham, B. v. . . 50 Beeston, R. v. . . 340 Bell v. Oakley . . . 309 Benford V. Sims . . .28 Benn, R. v. .... 8 Bennett, B. v. . . 371 Bennett 0. Brunilit . . 14 Bent v. Inele . . .163 Tahh' of ( 'ases. XXV Bentley v, Yilmout Berkeley v. Thompson Bei'kshire JJ.. K. o. Berry, R. v. . Bessell v. Wilson . Bethell, Re . Biggins, Ex parte . Biggins, R. v. Biuney, R. /■. Birmingham (Overseers of Ex parte . Birnie r. Marshall Biron, I!, r. . Bishop, R. v. Bjorusen, R. v. Blaby, R. v. Blackpool v. Bennett Blades v. Lawrence Blake v. Beech Blanshard, R. ». . Bletchington o. Peyton Bloomsbury, R. v. Blount, R. v. Bollard v. Spring . Bolton, R. v. Bond, R. v. . Booker, R. v. Boothroyd, Jte Borrow, 1{. v. Boteler, R. r. Bott o. Ackroyd . Boulter r. Kent JJ. and Otliei Boyes, R. v. . Brackenridge, R. o. . 4, 62, 81 Bradford i: Clerk of the Peace for Wilts . Bradford .1.1., R. ,-. Brad laugh v. Reg. Bradley, R. V. Bradsliaw, R. v. . Bradshaw v. Vaughton Braham v. Jo} r ce . Bramble v. Lowe . Brancaster Fishery, lie Bray, R. v. . Brennan, R. v. Brickhall, R. v. . Bridge, R. v. Briggs, R. v. Brighton, Stipendiary Magis trate of, In re . Brigstock v. Rayner 32 . 442 . 47a 46 . 430 79, 82 96 50 . 68 . 471 . 42S Id 428, 436, 442 . 68 30 70 PAGE ■ \'.i: 169 Bringloe, 1!. v. 162 6 Bristol .1.1., \l. r. . 419 178 Bristol .1.1., R. o. . 182 12 Brook, 1!. r. 319 , 414 Brooke, R. v. 1 85 155 Brown, R. r. 151 29 Brown and Others, .1.1. of 52 Monmouth, R. v. H9 108 Brown, Ex parte Max or, kc, of Wigan . 196 180 Brown, Ex jmrle . 2 3, 92 70 Brown v. Brown . 59 416 Brown v. Evans . 468 28 Brown v. Foster . 43 299 Brown v. Nicholson 37 147 Brown and Others v. rurner. 1 15 433 Brutton v. St. Gleorgi \, llan- 14 over Square 56 , 443 Bryant, Ex parte . 40 419 Buckmaster, app., 1J •ynolds, 417 resp. 128 507 Bndden and ( Itheis. Kent JJ., 81 R. r. •;.". 4, 77 Budenberg, app., Roberts, resp. 440 ;>0 Billiard, li. r. 339 350 Burgess r. Boetcfeitrand Brown 173 137 Burgess, R. v. 360 118 Burley v. Bethune 407 356 Burrows and Another i':. v. . 94 , 317 Burton, R. v. 471 408 Burton and Another, R. v. '. 65 1 55, Bush v. Green 423 223 Bnshell, R. v. . 358 190 42 liyrde and Others, R. v. 318, 419 Oairncross v. Lorimef . Callaghan v. Dollwen . Cambridge University, Chan- cellor, Masters, nnd Scholars of Cambridgeshire .1.1., R. r. 1 Candlish v. Simpson ('ardeii, 1!. r. 353, 35."', 375 Carle r. Elkington Carr, R. r Carswell v. Cook . Castro v. Beg. . . 17 Cathcarl v. Hardy Catherall, R. r. . Catholic fire, &c., Insurance Association, R. v. Cattell v. Ireson . 14 432 9 . 52 :!7 4 75 1 19 299 440 105 50 92 57 76 XXVI Table of Cases. l'AGE Cattle v r. Lowndes . . 169 Candle v. Seymour . . 338 Cave v. Mountain . 50, 409 Central Criminal Court, JJ. of, R. v 168 Chaddoek v. Wilbraham . 118 Chamberlain r. King . . 409 Chandler, R. o. . . . 5 Chandler r. Horn ... 61 Chaney v. Payne ... 89 Chapman, app. ; IV Charles v. gagees Charlton v. Plvn Robinson, mth Mort- ( loombes 439 45 42 92 Charter r. Grasme Cheltenham < lommissioners, R.r. 62 . 184 8 . 17o Cheshire .1.1., K. i\ Cheshire Lines, R. v. Chichester ». Hill Chilton, Ex parte — Sec R. v. Alcock .... 64 Christie v. Guardians of St. Luke, Chelsea . . 433, 443 Christopher, R. v. . . 337 Cinque Ports, JJ. of, 1!. v. . 14 City of London v. Acocks 428, 431 City of Oxford Tramway < torn pany v. Sankey 11 Clark v. Alderbury Union 453 Clark v. Fish ertonAngar Over- seers 453 Clarke. R. v. 50 Clarke, K. f. 29 ( llarke r. Rice 172 Clarke v. Lyons, R, v. . 172 < 'lee v. 1 >sborne 92, 418 < llements, 1!. v. 339 Clerk of the l'eaee of Roel es- ter, Ex parte 77, 115 Clew, Iii re . 97, 157 < lluer and Another, \\. v. 5 5 Cobbett v. Hudson 61 Cockburn, .Mark. R. v. . 341 Cockshotl and Others, R. v. . 149 ( !odd '•. i !abe 309 321 < lohen '•. Morgan . 46 t Sole, Ex parte 100 Cole r. ( 'ollltoll g 1, 52 Collier v. Hicks . 356 < lollins, R. v. 418 Collumpton v. Brighton 53 121 Colville, Ex parte 87 Coin he, 1!. V, Conming, 1!. v. Cook v. Leonard . Cook, aji|)., Montague, Cook v. Plasket Cook o. White Cooper ?•. Wandsworth of Works . Coote, R. v. . Corden, 1!. v. Core v. James Cornwell v. Saunders Corser, Haden, R. r. Costar v. Hetherington Cos well, app., Cook, re Cotterill v. Lempriere Cotton, R. v. Cowle, R. v. Cox v. Coleridge . Cox and Railton . Crabbe, R. v. Crane v. London DockC Crepps v. Durden . Cridland, R. v. . 47, Critchlow, R. v. . Cross, Ex parte Crowther v. Boult Crazier v. Cundy . Cullen v. Trimble . Culverson r. Melton Cumpton, R. «'. Cundy v. Lecocq . < 'unninghain, R, v. Curtis v. March . Curtis, Er parte . Cutbush, R. v. Daman, R. v. Daubeny v. Cooper Davidson, R. v. Davis, Ex parte, . Davis v. Loach Davis o. Pembrokeshin Davison, Ex parte. Davys v. Douglas . Dawkins v. Lord Rokel Day, R. V. . Dayman, R. V. Deal, R. v. . Dean, R. v. . Dean, R. v. ■ Delaney v. Wallis i AGE 4 343 423 res] " 440 '.'7 6 Bo trd Q 340, 351 52 28 68, 127 444 79 sp. 420' 47 420 122 354, 356 42 172 ony >any 167 i '. 48 67 92, 103 69 96 140 309 2 31 209 17 22 311 27 299 •11 436 105 52 61 110 80 163 10 ijj 37 . 203 83 133 by 406 342 419 64 137 358 1 69 Table of ( 'ases. xxvii Deny, EL b Derbyshire .1.1., II. v. . I (everell, R. v. Devonshire J J., R. v. See I.', v Jennings, Ex parte Syinuns I'AOK 40 70 •117 137, 1 10 De Winton, R. v. . . . 6 D'Eyncourt, K. v. 3, 170, 201 Diss Urban Sanitary Authority, app., Aldrich, reap. 188, 131 Dixon r. Wells . . 12, 13, 7:; Drew v. Coulton . . . 409 Drew i?. Hai ris . . .114 Dodson, R. v. 69 Doherty, R o. . . . 162 Douglas andi Others* II. v. 292, 165 Dover p. Child . . .83 Drapers Company v. Haddon 189 Dublin JJ., R. v.. . . 430 Duchess of Kingston's Case . 4 Dudley Union v. Wolverhamp- ton Union . . . IS Duignan v. Walker . . 322 Duncan v. Toms . . 61, 75 Dunn, K. v 349 Dunn, R. v. . . . 162, 163 Dunn, R. v 419 Dnnnelow v. Lees . . 291 Dunning, R. r. . . . 481 Durham.!.!., R. v. . . 452 Durham JJ., Export* Newton 184 Dyer v. Muuday ... 80 Dyer v. Park . . 428 Eardley, K. c 68 East London Waterworks ( '". /•. Charles . Eaton, 1!. v. Eddlestone <■. Barnes . Eddies tone v. Francis . Edmundson, In re Edwards, R. V. Edwards v. Hodges Edwards v. Roberts Eggington v. Mayor of Lie! Eggington v. Pear] Euiershaw, K. v. . Kllershaw v. JJ. of Leeds, /.'. r.r parte Longbottom Ellis v, Ellis Ellington, R. v. . Elwall, K. v. J.4 84 49 55 1." , 54 15 , 7.4 I2ii 436, 438 !i field 103 11 137 Ely JJ., R. '•. . . 108, 156 Embletou v. Brown . . 298 EssexJJ., R. i\ — See"R. v. May 185 Essex JJ., 1.'. '•., Ex /mi' Stark . . 152, 181, 183 Essex J J., R. v.,Expart( Holmes 182 Evans and I (there, R.r. 318, : '>75. 41 7 Evans v. Wills . . 12'.'. 192 Evans, Ex parte ... 87 Evans v. Hemingway . . 115 Exeter (Mayor ol r. Seam m 10 Lyre, R. v. .... 298 442 86 91 Parmer and Others, JJ. of Sal lord, R. r. . . Farrant, R. '•. Farrell, R. >: . . . Pawcett and Others, li. '•. Pearshire, R. ''. Fennell, R. r. Field and Others, R. '■. Fisher r. Cox Flavell, R. r. . . 40, Fletcher, Joshua, Ex parte . ! 338, Fletcher, R. v. . Fletcher, R. --. . Fletcher, R. v. Flowers, R. /•. . Follett r. Jeffreys . Foote. R. v. .... Forbes r. Lloyd . Forrester, R. r. . Poster r. Hull Fourth City Mutual Building Society v. East Ham Church- wardens 1SS, 221, 225, II \ Fowler and Others, R. V. Fox, R. r. . . . 87, Freeman r. Read . 109. 110, Fiend r. Tolleshunt Knights Frost, In re . Fry and Others, JJ., and Stoker, II. r. . Fnidge, R. '•.... Fuller, R. >: ... Furnley r. Worthiufiton Gaby r. Wilts and Berks ( anal Co. .... Gaisford and Another, R. v. . Gamble, In re . . 12^, Gardiner, R. r. 5 64 341 317 313 350 87 438 41 537, 381 14 4 43 12 355 42 111 '292 345 81 131 151 is 5 450 432 19 471 50 415 423 63 191 480 xxvm Table of Cases. PAGE Garner, 11. >■.,.. :s5i Garnett e. Ferrand . . 106 Gamsworthy v. Pyne . . 141 Garrett p. Messenger . . 48 Garretty p. Potts . . . 431 Garton p. Great Western Rail- way i Company ... 7 Gaunt, K. p. ' . . . 80 Gay v. Mathews . . .108 Gelan p. Hall . 1 l, 90, 406 German, K. p. . . 98, 157 Gerrans, R. p. . . 339 Gibbon, R. v. . . .til Giles v. Siney . . 1 15 158 Gill p. Bright . . . ' 8 Glamorganshire JJ., R. v. . 1 1 <> Glamorganshire .1.1. , It. v. (1889) . . 177, 178, 222 GlamorganshireJJ.,R.».(1891) 183 Glamorganshire JJ., R. p. (1892) . 154, 179, 182, 223 Gloster, R. v. 345 Gloucester Local Board of Bealth p. Chandler . . 438 Gloucestershire JJ., R. v. . 131 Glover p. Booth . . .440 Goodall. R. v. . . .11(1 Goodfellow, R. p. . . . 342 Grant, 1!. p. ... 46 Gray v. Commissioners of Customs . . . 12, 73 Greal Northern and London ami North Western Joint Committee, app., Inett, resp. 137 Great Yarmouth JJ., R. v. . 115 Great Yarmouth JJ., 1>. v. 62, 63 Greece v. Hunt . . 54, 55, 56 ( Ireen v. Pensam . . .427 Greenwood, R. v. . . . 2ti Grieflen burgh, R. v. . . 371 Griffin --. Culm, in . 322, 323 Griffiths, R. r. . 224, 347, 356 Griffiths o. Taylor . . 323 ( i-rimwood, R. v. . . . 87 Groonabridge, R. o. . . 137 Groves, R. »..-.. 163 Guerin, Re ... 14, 341 Guttridge. K. <: . . . 338 Hadland, Re Hall, K. v. Hall, i;. 0. 333 9] Hall, R. v. . Hall. R. v. . Hall r. Clarke Halse, Ex //arte . Hamilton v. Walker Hammersmith Vestr Lowenfeld . Hammond, R. v. . Hammond's Case . Hampshire JJ., R. r. Hancock v. Somes Handsley, R. v. . H ancy, R. v. Hannay, R. v. Hanson i\ Sliackleton Hanson, Ex parte . Hants .1.1., R. v. . Hants JJ., R.v. . Hardman v. Booth Hargreaves v. Diddams Harper v. Sykes . Harring v. Stockton Harrington, R. v. Harris, R. p. Harris, R. v. Harrison, R. v. Hartley, Re . Hartley p. Hindmarsh Hai-vey, R. r. Hastings JJ., R. v., E.. Kinnis Hastings V. St. James', enwell Hatts, R. v. . Hawke, Ex parte . Hawker p. Field . I lawkes, K. v. Hawkins, lit rr 1 laylock v. Sparke 1 Havnes, R. v. Hayward, Ex />ie — Sec of the Peace of Roche Heane, R. v. Heard p. Heard . I [earne p. I larton . Heeson, B v. Hellier, R, v. Hellingley, R. v. . Henderson p. Preston Henley and Others, K. Herefordshire JJ., 1>. i Herefordshire JJ., K. i l'ACK . 92 92 163 49 57 62 96 109 79 til 137 15, 54 308 444 105 110 166 68 55 63 81 91 341 66 17. 417 78, 80 . 31 1 c parte . ^7 Clcrk- . 133 . 350 . 128 156 91 41 63, 107, 408 . 359 : Clerk •st parte 41o Jenkyns p. Gaisford 14 Higham, R. v. 4. r ,0 Jennings and Another, K. p., Hill, R r. . 336 Ex parte Symons 137 140 Hill, app., Thorncroft resp. 53, Jephson v. Barker 173 121 Jervis, Scott, K. ''. 367 Hill p. Wright and Wilson . 437 Johnson, Ej; parti- 184 Hills v.. Hunt 128 Johnson, R. r. 336 Hindley v. Haslam 82 Johnson v. Colam 31, 203, Hinton v. Swindon Local 209 Hoard 152 Johnson p. Simpson 410 Hiscocks v. Jennonson 141 Johnston v. Meldon H3 Hobhs r. Dance . 427 Jones, R. p. . 371 Hodgson, app., Little, resp. . 445 Jones, R. v. . 339 350 Hogg P. Ward . 322, 323 Junes v. German . 309 Holborn Union r. Chertsey Jones p. Jones 154 Union 4. - . 2 Jones r. Jones 7-"> Holden p. King 80 Jones p. Williams 89 Hollovay, R. v. . . 432 434 Jordan, R. v. 137 Holloway v. Coster 432 Jukes, R. v. 91 Homer, R. v. 371 Hope v. Evered ! 309, 409 Hopkins, R. v. 126 Kavanagh v. Glorney 429 Hopwood, Ex parte 17 Kayley, R. p. 69 Horwood p. Smith 167 Kendal p. Wilkinson 1-.-,. Hudson v. McRae 68 407 Hnggins, 1!. v. 318 Kendillon v. Maltby 406 Hnggins, R. p., Ex parte Kennedy, R. p. .'.4 Clancy 64 Kenyon, Ex parti 7 8, 89 Hughes, R. v. 3, 12 1 i. 73 319 Kerr v. Ailsa Marquis) 31 Hughes ». Buckland 423 KersweU and Others, R. r! Hughes p. Wavertree Local (Devon J J.) 128 Board 436 Kesteven JJ., R. v. 416 Humphreys, Ex parte 380 Keyn, R. v. . 37 300 Huntingdon JJ., R. r. 61 Kimbolton, Ex parte 40 Huntley, !«'. v. . 109 450 King, R. p. . 96 Huntley, Ex parte 89 King p. Foe . 322 Huntsworth, R. r. 69 Kingston, R. v. 349 Hurst, Ex parte . 127 Kingston-on-Thames, 1 . p. . Hutchins, R. v. 79, 80 1S2 Kinnis v. Graves . 87 Hutchinson v. Lowndes . 96 Kirby r. Simpson . 4o7 . t-j-J Hyde, K. o. . 91, 93 456 Kirwin v. Hines . Kitchen v. Shaw . Kite, K. v. . 172 31 19 Illingworth, R. r. 452 Knill. R. P. . 436 Ingham, R. v. 375 Knowlden p. Reg. 471 Ingham, R. v. 420 Koenig, R. v. 169 XXX TnUc of Cases. PAGE 54. 56 Labalmondiere o. Addison 55 Labalmondiere i: Frost . 78 Lake r. Butler . . . 322 Lake, In re . . . .149 Lam bard e and Others, JJ. of Kent, R. »..'.. 432 Lammack v. Brown . . 309 Langridge, R. v. . . . 33(5 Latimer, II. v. . . 70 Lawrenson v. Hill . . 414 Lea v. Charrington . . 410 Leach v. Simpson . . . 340 Leamington Priors o. Moultrie. 4'20 Leary v. Patrick . . . 413 Leatt v. Vine . . . 67 Lee, R. v. . . . 61, 63 Lee v. Gold .... 4 Leeds and Bradford Railway Company, R. v. . . 54 Leeds, In the matter of the Stipendiary Magistrate for . 315, 317 Legg r. Pardoe ... 67 Leicester, Deputies of Freemen of Borough of, v. Hewitt . 154, 189, 428, 526 Leith Harbour and Hock ( !ora- missioners v. Inspector of the Poor .... 4 Lesley, R. v. ... 300 Leverick v. Mercer . .100, 101, 107, 379 Lewis, R. v. 300 Lewi-. Ex parte . 315, 318, 410 Lidster v. Borrow . . 423 Lidster u. Hebden Local Board 186 Light, R. v 323 Lindsay v. < lundy . . 108 Lindsay v. Leigh ... 89 Lin ford v. Fitzroy 371, 373, 4o7 Lipscomb, R. v. . . . 89 Lipscombe, R. v. . . . 410 Little v. Donelly . . . 430 Littlechild, R. v. . . .29 Littlechild, R. o. . . . 29 LlanfiloJJ., R. v. . . 71 Lloyd, Ex parte . . . 306 Loadman o. Cragg . . 10 Lockhart v. Mayor, &o., of St. Albans .... 136 London, City of, r. Acocks 428, 431 London County Council v. Cross . London .1.1., R. v., Ex parte The Fulham Vestry . London J.T., R. v. R. v. R. v. R. v., J-]*- parte London .1.1, London .1.1. London .1.1 Saunders London JJ., R. v., Ex parte Kerfoot .... London, Lord Mayor of, R. v. — See Ex parte Fletcher . 338 London, Lord Mayor of, Ex parte Gostling . London, Lord Mayor of, v. Northfieet White Lead Company .... London, Lord Mayor of, and Another, Ex parte Boaler . 100, 110, 180, 204 London, Lord Mayor of, and Brown, R. v. . 53, 127, 197. 224, 225, 418, 130. London School Board Harvey Long, R. v. . Lopez, R. r. . I. ml r. Hnttiiil Loughborough ». Curzon Lovesay v. Stallard Lovett, R. v. Lowe, Ex parte Lowtlier v. Radnor Lundie, R. v. Luton Local Board o. Davis. lit; PAGE 56 180 142 181 02 451 65 337, 381 472 140, 300, 162, 17o, 130 94, 249 188, 132 1 59 109 303 103 11 1 • 17 2ol 5 410 108 180, 140 Macclesfield, R. o, Machen, R. v. Mackenzie, R. v. . MaeMaliun, Ex parte Maden o. Catanach Mainwariug, R v. Mallinson, K. v, . Mallory, R. v. Manders v. Manders Manning. R. r. Margate Pier Company Hannani . Markham, Ex parte 188. 443 . 94 . 91 314 334 59 163 70 133 372 292 129 Table of < 'as< t. XXXI PAGE Marks EL <•. 371 Marks p. Benjamin 48 Marks <•. Bevfus . 482 Marsden, K. o. 323 Marsh r. Loader . 18C , 323 Marshall, R. r. . 340 Marshall. EL r. . 481 Marshall o. Smith " 7. 58 Marsbam, 1!. v. 416 Marshani. EL 0. . 419 Martin, EL o. 49 Martin v. Pridgeon 10 Martins v. Upcher 42:: Masper v. Brown . 79 Master and Another JJ. ot Gloucestershire . 127 Massey, EL e. 371 Ma&sey r. Johnson '8,89 Matthews, It. v. . 30 May, K. o. (S. C. Reg V. Essex JJ.) 1S5 May, Ex parte 51 5, 430 Mayer v. Harding 438 May hew v. Wardley 29 McLeod, Ex parte . 419, < Mead, K. v. . 6 Mellor v. Den ham 443 Mercer r. Gooch . 422 Metropolitan Board o f Work '•. Anthony 58 Meyer r. Harding. 56 Middlesex JJ., EL r. 183 Middlesex JJ., R. r. 183 Middlesex JJ., R. >: 180 Middlesex JJ., It. r. 455 Middlesex JJ., EL I ., In rt Slade 186, 4ol Midlam, R. r. 89 Midland Railway Coi ipany r Freeman . 203 Migotti r. Colville 101 Miles, EL e. . 86, 11 Millard, R. r. 4, 12J 11, 44, 73 Milledge, B. r. . 61 Millett r. Coleman 82 Mills, R. r. . 349 Mills r. Collett . IK) Millies r. Hale 48 Minet r. Morgan . 43 Mitchell v. Foster. 413 Money v. Leach 96 Monmouthshire JJ., R.\ 87 Montgomeryshire JJ , R. '•• . 110 [> A (i E Montgomeryshire J J., EL r. . 177 Moore, R. v. . . . 336 Moore, EL >: . 88, 334, 347 Moore, app., Aaron Smith, reap 441 Moore, Hannah, R. '•. . 350 Moore '■. Smith . . Ill, 444 Morant v. Taylor . . 15, 56 Morden p. Porter . . 28, 7" Morgan. R. /•.... 36 Morgan v. Brown . . . 103 Morgan r. Edwards 436, 437, 438 Morris. I!, r. Morris, R. r. 47,1 Morris c. Barrett . . . 183 Morris r. Duncan . . . 59 Mortloek, R. r. . . . 109 Moss v. Hancock . . 169, 189 Mottram, app., Eastern Coun- ties Railway Company, reap. . . 429 Moufflet v. Cole . . . 22 Moyce v. Newington . .169 Muir v. Hore . . 180. 130 Mullens r. Collins . . 27 Mullins r. Treasurer of the County of Surrey . . 379 Mullins, Ex parte . . 372 Murray v. Thompson . . 125 Mussett v. Burch ... 68 Neal r. Devenish . . 12 Neath Guardians, /,/ r< . 420 Neithrop r. Whitcoat . .114 Newbould '•. Coltman . . 113 Newcastle- on-Tyne JJ., 1!. r. 182 Newcombe r. Frewins . . 7t> Newington r. South Eastern Railway Company . . 432 Newman, app., Baker, resp. 427 Newman '•. . I ones 28 Newman and Others, R. r. ll v , 442 Newton, EL r. . . . 336 Newton and Others, EL r. . 172 Newton /•. Chaplin . . 61 Nicholson r. Booth and Navlor . . . 41,50 Norfolk JJ., R. v.— Set White v. Feast .... 69 North British Railway Com- pany V. The Holme Cultram Local Board . . . 437 XW11 Tahle of Cases. Loiiir Nottingham Guardians Tomkinson Nunneley, K. v. . O'Brien, R. o. O'Brien, Ex parte . I I'Brien v. Brainier O'Neill and Others i man . Onlcy v. I ree Omielumd v. Barker Orton, B. '•. . Osborn r. Wood and Brothers (*\V(1I. EL V. . Oxfordshire JJ., K. o. Oxfordshire J.I., R. v. Oxfordshire J J., R. v. Oxfordshire JJ., R. r Oxfordshire JJ., R. v. 15 Pack v. Tarpley . Padbury, R. v. . Paddington v. Snow Padwick, R. v. Paget, R. c Painter v. Liverpool G; pany. Painter, R. V. Palmer <\ Thatcher Parker, Win., R. r. Parker, R. v. Parlby, R. v. Parratt, R. '•. Parsons, P. v. Par ton v. Williams Patchett, R. v. Paul r. Summerhayes Payne, P. '■. Payne, P. v. Payne, Ex parte . Payne v. Uxbridge JJ. Payne v. Wright . Pa\ nter, P. r. Pe ti ock, P. v. Pe tcock c Reg. Pearce, R. v. Pearch '-. Kent -JJ. Pearson, P. '■. Pease v. < Shaytor . Peck v. !''■ Put/.i n Com 76 69 336 355 18 44". , 47 83 39 125 137 182 182 417 417 181 291 451 56 109 127 336 446 337 319 454 ••il 1 .' 145 423 92 30 !<1 30 !»1 180 444 418 339, :UI 183, 135, 138 36 431 66 406 1 ( PAGK Pedley r. Davis . . .414 Peilgrift v. Chevalier . . 445 Peek, R. v 109 Peer v. Humphry . . . 168 Peerless, In re . . 31, 32, 49 PeUew v. East Wanford . 59 Pennell r. Uxbridge . . 438 Penwarden v. Palmer . 68 Percy, R. v 116 Perham, Ex parte, . 46.91 Peterborough v. Thnrlby . 453 Peterborough v. Wilsthorpe . 452 Pettitmangin, R. v. . . 63 Phelps, R. v. ... 323 Phillimore, R. /•. . . . 416 Phillips, R. /•. 137 Phillips, R. '•.... 109 Phillips r. Jones . . . 438 Phillips v. Evans . . .148 Phillips r. Gateshead JJ. . 163 Phillips r. Stephens . . 125 Philpot r. Bugler . . .68 Picton, R. r. ... 91 Pike >: Castee . . .410 Pilcher /•. Stafford . . 4S Pilgrim, P. /•.... 185 Pilkington, R. '•. . . . 427 Pollard (Justices of the West Riding of Yorkshire), R. /'. 430 Pool and Forden Highway Board r. Gunning . . 56 Portsmouth J J., R. '•. . 57 Potton /•. Brown . . .435 Powell, R. >: 64 Power '•. Wigmore . . 134 Pratt. EL r. . . 100, lie 192 Prescott v. Nicholson . . 55 i;. 52, 12 Prestridge Price, R. 1 Price r. James Price r. Messenger Pricket! r. Greatrex Prince, P. '■. Pringle, P. r. Prosser r. Hyde . Pruntcy. P. ' - . Pnrdey, FL v. Purkis <•• Huxtablc Queen's Co. JJ., P. '•. Quigley, P. r. . 338 191, 204 182, 439 . 309 . 167 . 27 91 84 . 340 . 110 . 429 '1. 155. 156 . 345 Tabic of Cases. xxxn PAGE Radclilfe r. Bartholomew 45, 59 Ralph v. Hurrell . . 10, 24 Bamsden, 1!. '•. . . . 359 Kami, R. r 63 Banking r. Forbes . . 59 Batt i\ Parkinson. 78, 93, 413 Bawlins, R. '•. . . 4 Rawlins v. Ellis . . 308, 322 Read v. Panter ... 76 Reay '■. Mayor, &t\, of Gates- head ..... 58 Receiver for Metropolitan Police District e. Bell Reddish, Ex parte . Reddish v. Hitchinoi Reece v. Miller Reed v. Nutt Reeve v. Stoneham Reeves v. Yates . Rees and Wilson, R. Reid, Ex parte Reigate v. Hart . Reynolds, Ex parte, In Reynolds . Rhodes, R. v. Rhodes, R. o. Rice .Imics. Ex parte Richards, R. o. Richards, R. v. Richmond (Surrey) J.T., R. Ridgway, R. v. Rigby, R. v. Robinson, lit re . Robinson r. Robinson Rochdale Building Society v. Mayor, &c., of Rochdale 426, 429 Rochester, Clerk of the Peace of, Ex parte — Sec Clerk of the Peace of Rochester. Bochfort v. Rynd . Rodgers r. Richards Rogers v. Jones . Rolfe, R. v. . Rooke's Case Rontledge v. Hisloj Rowbery v. Morgan Royal Aquarium, &c, v. Par kinson .... 423 Roynton, Ex parte . 87, 92 Budge, B. V. . . .444 Kiunball v. Schmidt . . 58 Rus ton's Case . . . 336 Rutlandshire J J., R. r. . 433 S.J. A. 117 114 114 70 82 70 53 v. . 345 31S, 471, 472 37, 117 . 42 96 . 481 5 96, 337 . 507 69 81 359 371 409 16 407 169 76 4, 82 183 I'AGE St. Albans, Bishop of, R. v. . 62 St. Botolph v. Whiteehapel . 427 St. James, Westminster, app., St. Mai v, Battersea, reap. . 428 St. John the Evangelist, R. r. 433 St. Mary, Nottingham, R. r. 94 St. Paul, Covent Garden, R. v. 22 Saffron Walden, R. v. . 22, 322 Sandgate Local Board v. Pledge 1 88 Sansome, R. v. . . 319 Sattlcr, B. V. 300 Saunders, R. v. . 22, 23, 100 Saunders, R. v. . . 373 Savin, R. v 452 Scaife, R. v. ... 370 Scaife, Smith, and Rooke, R. v. 339, 340 Sculcoates, R. v. . . . 53 Scattergood v. Sylvester . 167 Schorleld, Ex parte . . 444 Scott, R. v. ' . . 47, 48 Scott v. Baring ... 67 Scott v. Legg . . . 434 Scott v. Stansneld . . 406 Scott Jervis, R. v. . . 371 Selwood v. Mount . 78, 94 Seton, R. v 118 Shackell v. West . .180, 445 Shaw, R. v. . . . . 73 Sheffield Waterworks Com- pany r. Mayor, &c, of Sheffield . . . .188 Sheil, R. v. . . . 419, 427 Shepherd v. Folland . . 440 Shepherd v. Postmaster- General . . . .14 Slangier v. Smith. 151, 177, 179, 184, 187, 220, 222, 449 Shoreditch v. Franklin . . 51 Shortt v. Robinson . . 87 Shrewsbury JJ., R. v. . . 53 Shropshire JJ., R. v. . . 178 Shropshire J J., R. v. . 418 Shurmer, R. v. . . 344, 476 Simcox v. Handsworth Local Board . . . 55 Simmonds, R. v. . . 12, 14 Simmons r. Milligau . . 323 Simpkin, Ex parte . . 183 Slade, R. v. , Ex parte Saunders 58 451 Sleeman, Jane, R. v. . 350 Small v. Waii'di . . 28 C XXX IV Table of Cases. l'AGK Smith, R. v. . . . 9 Smith, R. r. ... 110 Smith, Charles, Ex parte 26, 27 Smith v. Ewen ... 5 Smith, Ex parte . 96. 433, 446 Smith v. Shaw . . . 423 Smith, William, Re . . 5 Smith r. Wiltshire . . 423 Snape, R. v. ... 69 Solom on v. Frinigan . . 80 Somerset v. Hart ... 27 Somerset o. Wade . . 28 Somersetshire J.I.. R. v. 179, 223 Somerville v. Mirehouse 53, 409 Soper, R. i> 40 Southampton Gaslight ami Coke Company v. South- ampton .... Southcomhe v. Yeovil Guar- dians .... South Dublin Union v. Jones 455 112 436, 440 South Staffordshire Water- works Company??. Stone 435, 436 Souther n Counties Deposit Bank v. Boaler. . 132, 441 Southwark & Vauxhall Water ( Jompany v. HamptonUrban Council . . . 127, 159 Sparrow v. Impington 418,420,432 Spedding, R. v. . . 64, 65 Sperling, R. v. . . 425 Spiers and Pond, Limited, v. • i.i. of Guildford . . 450 Stacey v. Whitehurst . . 26 Staffordshire JJ., R. v. . 9, 18 Staffordshire JJ., R. r. 15, 35 356 31 440 439 47 86 31 434 443 433 313 342 192 343 68 322 Staffordshire JJ., R. r. Stainforth, R. v.- . Stainson, app., Browning, resp. Stanhope, app., Thorsby, resp. Stannanought v. Hazeldine . Stanton. R. v. Staveston v. Ashburnham Stear, R. » Steel, R. r Steel v. Brannan . Stephens r. I Hark Stephenson, R. r. Stewart, R. v. Stewart, R. r. . . . Stimpson, R. *•. Stokes r. Grissell . . 22, Stone, R. /•. Stripp, R. /■. St ru ve ami Others, R, Stubbs /-. Director of l'ubli Prosecutions Suffolk JJ., R. r. Suffolk JJ., R. r. Surrey JJ. , R. /•. . Surrey J.T., R. v. . Surrey .1.1., R. /■. . Surrey JJ. and Bell, R Sussex JJ., R. /'. . Sussex JJ., R. r. . Sutton v. Bishop . Sutton Coldfield, R. r. Swallow, R. '•. Swan V. Saunders . Sweetman '". Guest Symonds, R. v. Syred v. Carruthers PAGE 49 351 59 482 1S5 63 1S2 63 181 185 408 181 173 453 30 203 428 92 436, 437, 438 50, 51 JJ. Tarry v. Newman Taylor v. Nesfield Taylor and Others and Laidlcr, Ex parte Vogwill Thames Consei'vators v. Ennis Theobold r. Crickmore . Thomas, Ex parte Thompson, R. v. — See Berkeley v. Thompson. Thompson, R. Thompson, R. Thompson and Others Duncan R. /•. Thompson, Ex parte Thompson, In re . Thorning r. Bennett Thorpe v. Priestman Tiffield, R. v. Timothy r. Simpson Todd r. Robinson . Toinlinson r. P>ullock Tomlinson, R. r. . Tooke, R. '". . Totnes, R. r. Totnes, R. - Tottenham Rowell Townsend, 6, 92 84 Local Board r ap] Truelove, R. Tunnicliffe r, Read, res] 433, V. . 19, 87, Todd . 79, , 52 422 64 59 423 98 341 351 283 , 96 375 417 50 121 323 118 11 451 64 7 31 56 445 193 82 Table of Cases. xxxv PAGE Turnbull, R. r. . . . 126 Turner''. Postmaster-General 3,14 Tyler and Others, R. o. . 144 TynemouthJJ., K. r. . . 317 Tynemouth JJ., 1!. t. . . 126 Ulmer and Hooper, R. v. . :J4 1 Ulverstone Onion Guardians p. Park . . . 57, 58 Usher r. Luxmore . . 69 PAGE Webb and Others, R. >: . 6 Wednesbury, app., Stephenson, R. r. Vampleii, Vanghan, Ex parte Venables b. Hardman Viasani, It. v. Yipont, R. i*. Vilmont v. Bentley. Bentley p. Vilmont. Von Seberg, R. v. . 137 . 71 440, 444 . 134 . 91 — Sec . 299 Wakefield Local Board v. West Riding Railway Company . 62, 188, 430 Walker. R. r. 86 Walker, R. p. 451 Walker, Clara, In re . 127, 192 Walker v. Delacombe . . 436 Walker p. Great Western Rail- way 432 Walker p. Matthews . . 167 Waller, R. p. 336 Waller P. Hanger . . . 19 Walsall p. London and North Western Railway Company 452 Walsh p. Reg. . . . 444 Walters. Ex parte . . 151 Waul. R. r 377 Wardle and others, R. p., Ea parte Borrows ... 83 Warwickshire J J., R. v. . 152 Wason, Ex parte . . . 472 Waterhouse, 1! '•. . . 57 Watkin.s p. .Major . 28, 70 Watkins p. Smith . . 69 Wat kins. Ex parte . . 109 Watts p. Kent JJ. . 431, 132 R. v. . . 336, 338 Waye p. Thompson . . 9, 77 Weaver p. Price . . . 415 Webb r. Catchlove . 75, 87 440 444 342 29 342 81 319 431 414 314 resp Weil, R. r. . . 305, 323, Wellings, R. r. Wells r. I Iheyney . Welton, R. r. ' . Wemyss r. Hopkins West, R. r. . W( -t p. Potts West p. Smallwood West, /:''■ parte . Wesl Derby Local Board v Pell .... West London Extension Rail way v. Fnlham Pnion Western v. Sneyd . Westmeath .1.1." R p. . Westminster District, E parte Board of Works of Westmore v. Payne Westmoreland JJ., R. v. Weymouth, JJ., R. v. . Wheeler o. Brimington . 418 Whiffen v. Bligh . Whitchurch, R. p. Whitmarsh, Reg. p. White /■. Colston . White /•. Feast White p. Fox White p. Redfern . Whitehouse r. Fellowes Whittle r. Frankland . Wilkins r. Hemsworth , Wilkinson r. Dntton . Williams, In re . Williams, In re . Williams r. Adams Williams p. Burgess Williams, R. r. Williams, Ex parte Williams, Jenkin, R. p. Williams p. Cleat Western Railway Company . . 203 Williams'/-. Wynne" . 149, 150 Willmott, /.'< parte . l s "> Wilson. R. r. . . 339 Wilson app., Stewart, resp. . 29 Wilson r. Stritgnell . . 35 Wilson p. Sunderland . . 181 Wilton, R. '.... 342 Wiltshire JJ., R. v. . . 183 Winchester JJ., R. p. . . 63 455 421 69 418 436 109 65 432 - 443 345 56 69 67 8 57, 83 11 92 85 17 98 71 59 105 419 340 XXXVI Table of Cases. PAGE Winn v. Mossman . .117 Winn p. Ronaldson . . 435 Wisbech JJ., R. p. . . 430 Wise, EL r 47 Wood '•. Nairn ... S3 Wbodhall, Ex parte . . 443 AVoodhouse V. Woods . 436, 438 Woodward v. Watts . . '291 Wray p. Chapman . .114 Wray r. Toke . . .91 AY right v. London General Omnibus Company, Ltd. . 83 Wrigley, R. r. . . . 359 Wrottesley, R. r. . . . 69 Yeomans, R. p. York, EL v York (West Riding) JJ„ R. v. York (West Riding) JJ., R. v. York (West Riding) JJ., R. v. York (West Riding) JJ., B. r. Yorkshire JJ., R. P., Ex parte Gill Yorkshire Tire and Axle Com- pany ''. Rotherham Local Board of Health Young, R. P. . . . Young, Sir F., R. '•. . Young and Another, R. '•. PAGE 130, 427 . 137 63 184 109 179 354 445 337 444 70 THE SUMMAKY JURISDICTION ACT, 1848 11 & 12 VICT. Cap. 4::. .1// Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions, within England and Wales, with respect to summary convictions and orders. [14th August, 1 s 1-8.] 1. Where information laid that an offence punishable on Sect. 1. summary conviction has been committed, tfr. — Summons.] — In all cases where an information shall be laid before one or more of Her Majesty's justices of the peace for any county, riding, division, liberty, city, borough, or place within England or Wales, that any person has committed or is suspected to have committed any offence or act within the jurisdiction of such justice or justices for which he is liable by law, upon a summary conviction for the same before a justice or justices of the peace, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint shall be made to any such justice or justices upon which he or they have or shall have authority by law to make any order for the payment of money or other- wise, then and in every such case it shall be lawful for such justice or justices of the peace to issue his or their summons [2] directed to such person stating shortly the matter of such information or complaint, and requiring him to appear at a certain time or place before the same justice or justices, or before such other justice or justices of the same county, riding, division, liberty, city, borough, or place as shall then be there, to answer to the said information or complaint, and to be further dealt with according to law ; and every such summon- S.J.A. B 2 The Summary Jurisdiction Act, 1848. Sect.l. shall be served by a constable or other peace officer, or other person to whom the same shall be delivered, upon the person to whom it is so directed, by delivering the same to the party per- sonally, or by Leaving the same with some person for him at his last or most usual place of abode ; and the constable, peace officer, or person who shall serve the same in manner aforesaid shall attend at the time and place and before the justices in the said summons mentioned, to depose, if necessary, to the service of the said summons : Provided always, that nothing herein mentioned shall oblige any justice or justices of the peace to issue any such summons in any case where the application for any order of justice is by law to be made ex parte: Provided also, that no objection shall be taken or allowed to any informa- tion, complaint or summons, for any alleged defect therein in substance or in form, or for any variance between such information, complaint, or summons, and the evidence adduced on the part of the informant or complainant at the hearing of such information or complaint as hereinafter mentioned : but if any such variance shall appear to the justice or justices present and acting at such hearing to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such justice or justices, upon such terms as he or they shall think lit, to adjourn the hearing of the case to some future day. J'.y ")2 & .").•> Vict. c. 63, >. 13, sub-s. 7. post, the expression "The Summary Jurisdiction f England) Acts," and the expression "The Summary Jurisdiction [English] Acts, shall respectively mean the Summary Jurisdiction Act, 1848, and the Summary Jurisdiction \it. 1ST!), and any Act. past or future, amending those Acts or either of them. Jurisdiction. — As to the local jurisdiction of courts of summary jurisdiction, sc<> section n; of the S. J. Act, 1879, post. As to jurisdiction of justices generally, see note to section (i, j><>st. No new offence is cognizable in a summary manner unless expressly made so by Act of parliament; see. however, Cutten v. Trimble, L. 1!. 7 U. 6. 416, post; and the examination and punish- ment of offenders by justices of the peace in a summary manner is entirely founded on special authority given and regulated by statute. With regard to the power to convict without an information having been laid or summons issued, see Blah v. Beech, ;34 L. T. (n.s.) 764; 11 ,C 12 Viet. c. i:>. s. 1. 3 ■40 J. P. 326. In that case a com iction under the < raming Act, 1 845 Note 8 & 9 Vict. . L09 . -. 3, and the Betting Act, 1853 [16 & 17 Vict. to c. 119), ss. 3, 11, was quashed by Cleasby, B. andGBOVE, J., Field, Sect^l J., dissentient ; and see R. \. Huyhes, post, p. 7:;: and in case of a child or young person, see notes to S. J. Act, 1879, ss. 10, 11, post. Procedure before justices. In R. \. UEyncourt, L. R. '-'1 m. B. D. 109; 57 L. J. M. C. 64; 52 J. P. 628, Field, J., said, •• Upon tli-' authority oi Turner \. The Postmaster-Geiieral and Blake v. Beech, there is no doubt that charges may be preferred at the hearing although not included in any warrant or in any charge before a police court." The distinction between an "information" and a "complaint" should always be kept in mind. An information is laid against a person charged \\ ith the commission of, or who is suspected to have committed, an offence for which he is liable bylaw, upon a summary conviction, to be imprisoned or fined, or otherwise punished. A complaint against a person is made when that person is liable by law to have an order made upon him by justices for the payment of money, or to do some act which he has refused or neglected to do contrary to law. The first step in summary proceedings before justices is laying the information or making the complaint ; and the next the issuing of process, in order to secure the defendant's appearance. This proc i- of two kinds: a summons or a warrant. < In the appearance of the defendant to a summons at the time and place therein men- tioned, the matter is heard by the justices present in conformity with procedure provided by subsequent sectionsof this Act. But if the defendant do not appear personally or by bis attorney or counsel the case may be heard ex parte in his absence, on the proof of the summons having been served in the manner provided by this section, and that sufficient time has been allowed the defendant to appear before the justice-, or on the non-appearance of the defendant the justices may adopt the alternative procedure under section '1 of this Act. A complaint need not he in writing (section 8). In adjudicating upon an information the defendant i> either convicted or acquitted. In the former case the Form- [11 and 12] (see section 1-4) are made use of, and in them the penalty or punishment determined upon is awarded; in the latter an order of dismissal is made m the Form [21] (see section 14). lint in adjudicating upon a complaint an order is made for the payment of money form [IN], or for the matter complained of to he done [19], or the complaint is dismissed as in Form [21]. The method of enforcing an order or conviction is the same — by warrant of distress or commitment to prison. .\< with the judgments of other courts, so in proceedings before justices, a final judgment made by a court of summary jurisdiction directly upon the point in issue is conclusive between the same parties upon the same matter in issue before another court of con- current jurisdiction. AVhen, therefore, a servant in husbandly who B 2 The Summary Jurisdiction Act, 1848. had been discharged by her master before the proper time, sued him in the county court for wrongfully discharging her without reasonable cause, whereupon judgment was given for the defendant; and she afterwards, at the expiration of her quarter, took out a summons before justices under the repealed statute 4 Geo. 4, c. 34, s. 5, to recover her quarter's wages, the same question arising upon a case stated under 20 & 21 Vict. c. 43, it was held that the decision of the county court was a bar to such proceeding. Routledge v. Hislop, 2 L. T. (n.s.) 53; G Jur. (x.s.) 398; 24 J. P. 148; 29 L. J. ML 0. 90; 2 B. & E. .')49. The ride of law as stated by De Grey, C.J. , in delivering the opinion of the judges of the House of Lords in the Duchess of Kingston* a Cxse (2 Smith L. C. ,393, 4th ed., and 784, Nth ed.), is that "the judgment of a court of concurrent jurisdiction directly upon the point is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court." See also on the same subject the judgment of Lord Selborxe, L.C., in J!i ; and R. v. Brackenridge, 48 J. 1'. 293. "Res judicata " and estoppel. — As regards the doctrine of res judicata, see Leith Harbour and Docks Commissioners v. Inspector of the Poor, 1 L. 11. Scotch Appeals, 17; Jenkins, app., Robertson, resp., 2 L. R. Scotch Appeals, 117. and Bollard v. Spring, .">1 J. P. 501, and note to section 14, infra, p. 81. See on the subject of res judicata generally, Everset and Strode on Estoppel, chap, hi., and Treatise, ."><) J. P. 177. Issue of summons. -A summons may be issued by one justice on information or complaint made before him of matter arising within his own jurisdiction, even though the hearing is by law required to take place before two or more justices see section 29, po8t). It has- been held that an information forusinga place tor Letting contrary to the Betting Act, 1853 (16 & 17 Vict. c. 119), s. 3, need net be laid before two justices. Lee \. Gold, 44 J. P. 39."). This statute does not expresslj require an information to lie in writing, but for the protection of the justice issuing the summons it would seem advisable that the information should be in writing, and this is warranted by the tact thai a form of information is given in the S. J. Rules of 1886, Form [1]. In R. v. Millard, 22 L. J. M. < '. 108, Baron Pahke said: •• A magistrate cannot proceed without an information laid before him, hut the rule of law is, that unless a statute expressly requires it, the information need not be on oath nor even in writing." The practice al Beveral importanl police courts, however, is to require a written information of all offences punishable on summary convic- tion, foil,, win- the forms now given in the Consolidated \Ui\>~. L886. See also R. v. Combe, 32 L. J. M. C. 67; 11 W. B. Ml ; /,'. \. Rawlins, 8 I'.M'.II! Service of summons. The constable should always attend at the time appointed for the hearing to prove service (if necessary), in compliance with the requirements of this section. 11 d 12 Vict. c. 48, «. 1. What sufficient service. — It has been held sufEcienl Bervice Note upon the defendant for the constable to leave a copy of the summons to with ;i woman living in the defendant's house, and believed by him to Sect. 1. be the defendant's menial servant, the original of the summons being at the same time shown to her /'. v. Chandler, 14 Past, -til), See also Ex partt Lou -. 2 X. Sess. I 'as< s, 331. As to proof of service by declaration, see section 41 of the A ' L879, post. If a summons be served on a defendant by leaving it with some person for him at his last or most usual place of abode, the nature of the summons must be explained to the person with whom it is left; and where the defendant was at sea pursuing his occupation as a fisherman from the 9th to the 13th March, and it was proved that a summons had been left at his mother's house on the 10th, but he . & R. 84. " Last " place of abode. —In Ex parte Rice Jones, 1 Lowndes, Maxwell & Pollock, 357, and lit L. J. M. < '. 151, the jurisdiction of petty sessions to make an affiliation order under the Poor Law Amendment Act, 1844 7 & 8 Yict. c. 101), s. 3, repealed, but substi- tuted provisions made by 35 & '■><> \"i~>. where the putative Father did not appear, only attaches "on proof that the summons was duly served on such person, or left at his la>t place of abode, Coleridge, •!.. saying that "the word last means the then present place of abode if he have any. and the last which he had if he lias ceased to have any ; although the justices have jurisdiction to inake an order on proof that the summons has been duly served, yet if it can afterwards be shown to 1 1 1 i- court that in point of fact the summons was not duly served, tins court will grant a certiorari to bring up an order so that it may be quashed." In //. v. Farmer and Others, JJ. of Salford, 61 L. J. M. » '. 65; 56 J. P. 341, a case arising under the Bastardy Laws Amendment Act, it was held that a summons left at the last place of abode in England of a defendant, who at the time had left England and had a place of abode abroad, was not duly served under this section. Where a summons can be served— Service in Scotland — 44 & 45 Vict. c. 24. — A summons issued by a magistrate in his own jurisdiction may be served anywhere outside that justice's jurisdiction in any other jurisdiction in England. As to service of a summon- issued in England on a defendant in Scotland, see S. J. (Process) Act. 1881 (44 & 45 Vict. c. 24), post, section 6 of which Act provides that a court of summary jurisdiction in England may adjudge a person within the jurisdiction of the court to pay for the maintenance of a bastard child notwithstanding that such person ordinarily resides, or the child has been horn, or the mother ordinarily resides, where the court is English in Scotland . . . f> The Summary Jurisdiction Act, is is. Note in like manner as the court lias jurisdiction in any other case. It to was held in //. v. Thompson, 12 Q. B. I >. 261 : 53 L. J. M. < '. 65; Beet. 1. 50 L. T. 1*7; 32 W. R. 398; 48 J. P. 324; and affirmed in 10 App. Cases, 45; ."-1 L. J. M. C. 57; 52 L. T. 1; 33 W. R. 525; 49 J. I'. 276 {sub //"in. Berkeley/ \. Thompson), that the S. •). (Process' Act, L881, does aot enahle a bastardy summons to be issued by justices in England and served in Scotland upon the putative father domiciled and resident in Scotland : and it' a summons is so served, and the putative lather does not appear before the justices, they have no jurisdiction to make an order against him. Statutory service. As to the service of process on friendly societies, sec section 94 of 59 & 60 Vict. c. 'J") (the Friendly Societies Act, 1896). As to the service under the Public Health (London) Act, 1891 [54 & 55 Vict. c. 76, s. 6), see R. v. Mead, 10 T. L.R. 413; 58 J. 1'. 448. Th<- following are other instances where a particular mode oi service of process is provided:- - Service of summons for non-payment of poor rate. 12 & 13 Vict, c. 14, s. 5 (the Distress for Rates Act, 1849 : and 31 & 32 Vict, c. 122. s. 39. In bastardy cases. '■'>■'> & 36 Vict. c. 65, s. 4, and see //. v. De Winton, 53 J. P. 292; and R. v. Well and Others, 12 T. L. R. 293; 60 J. P. 2nd: 65 L.J. M. C. 98; 63 L. J. M. 0. 128. Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90 . Rule II. of 1886, post. Army Act (44 & 4.". Vict. c. 58, s. 1 15 . Food and Drugs Acts, 1875 and 1879 ^38 vV 39 Vict. c. 63, s. 10, and 42 & 4;J Vict. c. 30). As to service under section lOof the latter Act. see Cook v. White, 12 T. L. R. lit; 65 L. J. M. C. 46; 60 J. P. 330. As to service under the London Building Act (5"i & 58 A iet. c. ccxiii.), see R. v. Mead, 14 T. L. R. 14: 61 J. P. 759. On joint stock companies. — "With regard to the service of a summons on a joint stock company, the Companies Act, 1862 (25 & 26 Vict. c. 89), s. 62, provides that any summons, notice, order, or other document required to be served upon the company may be served by leaving the same or sending it through the post in a prepaid letter, addressed to the company at their registered office. By section <;:; of the same Act, any document to be served by post on the company shall be posted in such time as to admit of its being delivered in the due course of delivery within the period (if any) prescribed for the service thereof; and in proving service of such document it shall be sufficient to prove that such document was properly directed, and that it was put as a prepaid letter into the posl office. By section 65 recovery of penalties under the Act may be enforced in manner provided by 11 & 12 Vict. c. 43. By the Companies Clauses Consolidation Act, 1845 (8 & !» Vict. c 16), s. L35, and by the Railways Clauses Consolidation Act, 1845(8 & 9 Vict. c. 20), s. 138, any summons or notice requiring to be Berved upon the company may be served bj the same being 11 tC 12 Vict. c. 43, s. 1. 7 left at, or transmitted through the post directed to the principal Note office of the company, or one of the principal offices, where to there shall be more than one, or being given personally to the secre- Sect. 1. tary, or in case there be no secretary, then by being given to any one director of the company. As to the meaning of the " principal office" of a railway company under the last-mentioned enactment, see Garton \. Great Western Railway Company, B. B. & E. 837, 846. For sei \ ice of summons and other documents under the Factory Acts, see 58 & 59 Vict. c. 37, s. 48. Service by post. —As to meaning of service by post, see ■'>- & ■'>'■'> Vict. c. 63, s. 26, post. Service under Summary Jurisdiction Act, 1848, suffi- cient. — An opinion is expressed in l a particular mode of service of the summons in the Act under the provisions of which such information has been laid. Proceedings "ex parte." — As an instance of an ex parte pro- ceeding under section 1 of this Act may be mentioned orders for removal of paupers from one parish to another. If the defi adant appears and make- defence to the summons all defects therein (except such as in the opinion of the justices who hear the case are misleading or deceptive) are cured. Se< section !» and the case of Bessell v. Wilson, IT J. P. 567 : 22 L. J. M. C. 04 ; 17 Juv. <><>4 ; 1 E. iV. B. 489, where a conviction under the repealed statute, li & 7 Vict. c. <>."), awarded a penalty, and defendant, making default in payment thereof, and being summoned to show cause why he should not be committed, appeared by his counsel and attorney, but the sitting magistrate refused to hear the case in his absence, and granted a warrant for his apprehension in order to answer the matter, lie was apprehended and imprisoned, and it was held (the conviction being quashed) that the magistrate was liable for an action of trespass, as the warrant was illegally issued, and the appearance of his counsel and attorney were equivalent to the defendant's own appearance. No order of magistrates can be made in the absence of the person to be affected by it. except under the provisions of section ii, post; but before it is made a summons should be issued, Lord I U:\max saying; "This principle has been adopted in other cases; and I think a summon- was necessary though it may not be in terms required by the particular Act of parliament on which the order is founded.'*' Reg. \. Totnes, 1! L. J. M. < '. 148; 9 J. 1'. 584. In Painter \. Liverpool Gas Company, '■'> A. & E. -I.''.'', it was held that a warrant of distress issued by a justice without previously summoning and hearing the party to be distrained upon is illegal, though a summons and hearing be not required by the terms of the Act under which the proceeding is taken ; tor a magistrate who 8 The Summary Jurisdiction Act, 1848. Note grants a warrant in the nature of execution is bound first to surn- to moii and hear the parties, unless the statute under which he acts Sect. 1. clearly renders the discharge of that function ministerial only, or in some other manner dispenses with the summons and hearing. See also /,'. v. Staffordshire •/./.. 5 Nev. & Man. 94, post. " Ex parte " proceedings without previous summons. — A justice may, under the powers conferred on him by sections llfi and 117 of the Public Health Act, 1875, condemn moat exposed for sale which is, in his opinion, unfit for human food without issuing any summons or notice to the owner of the meat of his intention to do so; and so where an inspector of nuisances acting under those sections seized meat in his opinion unfit for human food, and took it before a justice, who ordered its destruction, and the owner of the meat having been subsequently summoned for exposing such meat, and being convicted of such offence, the conviction was held good, although no summons or notice was issued to him by the justice previous to the destruction of the meat. White v. Redfern, .3 Q. 15. 1). 15; 49 L. J. M. C. 19; 41 L. T. .324; 28 W. R. 168; 44 J. 1'. ST. The above sections are now extended by 53 & .34 Vict. c. .39. This decision seems at first si^ht to overrule Gill v. Bright, 41 L. J. M. C. 22 : 2.3 L. T. .391 ; 20 W. R. 24N, where it was held that liquors kept for unlawful sale under 33 & 34 Yict. c. 29, s. 15 (now repealed), and which were seized, cannot be ordered by justices to he sold without first giving the person on whose premises they were seized an opportunity of showing cause why such sale should not take place, and that the seizure was wrong. (See also A', v. Cheshire Lines, 37 J. 1'. 373.) But the distinction between the two cases is shown by the following extract from the judgment of Field, J., in White v. Redfern (in which case Gill v. Bright was cited), at p. 18 of L. R. .3 r . and T.. in whose possession the meal had been at the time of seizure, was summoned for the penalties under that Act. He tendered evidence that the meat was sound, bui this was objected to on the ground that its soundness orotherwise had been already adjudicated upon. Bui the justices admitted the evidence and overruled the objection. <>n a case stated this decision was affirmed. The 117th section imposes a penalty of 20/.. ov imprison- ment t'i iv three months, on a person who lias diseased meat on his premises. If the evidence were rejected, and the state of the meat treated as res judicata, the defendant would obviously be pre- cluded from making any defence to the matter of the information, Mathew. J., in his judgment saying, " When a court of summary jurisdiction comes to deal with the offence of the person to whom the meat belonged they must deal with that offence in the ordinary way in which they deal with other offences, and are bound to hear the e\ idence tendered to them. If. therefore, the enactment is to be construed in this way so as to exclude the evidence tendered), a man maybe sent to prison for three months for the misfortune of having in his shop meat which a sanitary inspector is mistaken in supposing to be unfit for human food, without having any opportunity for the production of evidence to prove that the meat was not unfit for human food:'" and Wills. J., said. "The proposition that he is not to be heard upon the question of his own imprisonment needs only to be stated to be its own emphatic condemnation." "Ex parte" proceedings. As to ex parte proceedings (as in J', v. Staffordshin JJ., ante, p. 8), an extract from a curious judgment of Fortescue, J., in R. v. Chancellor, Masters, and ScJwIars of Cambridgt University, 1 Str. 557, at p. ."><>7 (whicli was cited with approval by BYLES, J., in Cooper \. Wandsworth Board of Works, M C. 1!. (n.s.) 194), may be referred to: "The laws of God and man both give a party an opportunity to make his defence, if he has any. J remember to have heard it observed by a very learned man on one occasion that even God himself did not pa-s sentence upon Adam before he was called upon to make his defence.*' See as to conviction by a justice "on view," and Lord Dk.vmax's observations in II. v. Smith, '■> J. P. 7. as to calling upon defendant for a defence. Under section 2, post, it will be seen that if the defendant do not appear to the summon- at the time and place therein men- tioned, and if it be proved that such summons was "duly Berved" a "reasonable time" before such appointed time for hearing, they may proceed to hear the evidence in support of such information or ■complaint ex parte, in the absence of the defendant. As to the meaning of "reasonable time," see the note- to section 2, post, and cases there cited. 10 The Summary JuHsdiction Act, 18-48. Note Discretion. — As to discretion of justices in i»uing- a summons to see 53 J. P. 4 74. Sect.l. Municipal Corporations Act, 1882.- -"With regard to the jurisdiction of borough justices, see the Municipal Corporations Act, 1882 !•". & 46 \ ict. c. 50 . ss. 156—160, and note to section 6, post, and section :il . post. Variance. — No objection can be made as to the information and complain! for any defect in form or substance, or for variance between them and the evidence. But as the variance in such a case may be so great as to vary the nature of the ease, and the defendant may thereby have been deceived or misled, justices have now a discretionary power in such a case to adjourn the hearing to a future day on such terms a> they think fit. The last proviso to this section deals with variances between the information, &c, and the evidence adduced in support thereof. The case of Martin v. Pridgeon, ■', J U r. 894 ; 23 J. P. 277; 1 E. & E. 77s ; 28 L. J. M. C. 17!), illustrates this. In that case an appellant was summoned on a charge of being drunk and guilty of riotous behaviour, an offence punishable under the Towns Police Clauses Act, 1847 '10 & 11 Vict. c. 89, s. 2), and was convicted by the justices of drunkenness under the repealed statute 21 Jac. 1. c. 7. On a case stated under statute 20 & 21 Vict. c. 43, s. 2, it was held that the conviction \\a> bad. and that there was a variance between the time or place mentioned in the summons and the evidence. The sum- mons was for a kind of joint offence, and the justices convicted of another offence, punishable in another and a different way. The proper course i-. in such a case; to take out another summons. With reference to this case see, however, Loadman v. Cragy, 26 J. P. 74o, in which < 'ocKlU'ux. < '.J., said. " The less you say about the reasons in that case the better; however, it i- a decision in point, and we must decide in your favour." Meaning of variance. — The word variance means some difference between the offence charged in the information and that disclosed by the evidence at the hearing; and the proviso in the section does not imply that a man can be charged in the information with one offence and at the hearing be convicted of an offence distinct from the one charged. See Ralph v. Hurrell, ','>- I.. T. 816; ! I L. .1. M. I '. 145; Mayor of Exeter \. Heaman, '■'>' L. T. 535; and R. v. Brickhall, ;i:J L. J. M. < '. 156; 10 Jur. \ J, 1'. lis. where the defendant was charged contrary to bye-laws with emitting smoke and .-team from a tramway engine, ami contended that these were two separate offences, ami the Bummons was contrary to 11 & 1 2 Vict. c. 43, s. 1 : -Held, the justices were right in overruling 11 «(• 12 Vict, c. 13, x. 1. 11 Sect. 1. tin' objection, as emitting smoke was not the less an offence because Note steam was mixed in it. t0 See also Rodyera \. Richards, 56 J. 1'. 281 : [1892] 1 Q. 1!. •">•'>">; 17 Cox, 523. In tins case A. was charged with two offences, the punishment for each being the same. On objection taken the magistrate refused to amend by striking out one offence, a- the limitation of time would thereby be extended: Held, the magistrate was wrong, and ought tn have allowed the prosecutor to elect. In the case of Bartholometo \. Wiseman, 56 J. 1'. 455, W. (tho servant of 0.) and C. were both summoned for ill-treating and causing to be ill-treated a horse. The defendants objected that these were two separate offences, and the justices required prosecutor to elect which he would proceed with, and because he declined to elect, dismissed the summons : — //< Id, the justices were wrong, ami that they oughl to have convicted each of the offence which he had committed. Several act- on the same day of practising as an apothecary without a certificate constitute only one offence within 55 Geo. '■>. c. L94. Apothecaries Company \. -linns. 17 Cox < '. * '. 588. Justices have no power to amend by substituting a third party in the summons, and the conviction was held to be had. City of Oxford Tramway Company v. Sankey, -VI J. 1'. 52, 564. A bye-law of the Hoard ; Cox M. C. is:;. And see /Ji>i/ v. Ward, 10 T. I.. 1!. 285. Sec also " Paley on Convictions " (7th ed.). p. 86. Information to be in writing. — From the proviso as to variance between the information and the evidence adduced at the hearing, the statute seems to contemplate a written information, and in the S. J. Rules of 1886 [Form 1, Schedule] a form is given. But the S. J. Acts do not require a written information. Waiver by appearance and defence.- All objections to any defects in substance or in form, or for any variance between the information or complaint or summon- and the evidence adduced are waived by appearance and defence ot the defendant. I!, v. Berry, 8 Cox C. C. 121. See also Egginton v. Pearl, 33 L. T. 428, where a man was charged before the justice- with an offence which the evidence adduced failed tosupport, another and different charge was then preferred, no summons for such fresh charge beiirg issued. 12 The Summary Jurisdiction Act, 1848. Note He at first defended himself against the fresh charge, but, on a to remand, objected to the magistrate's jurisdiction, urging that he Sect. 1. wae QO t legally in custody after the original charge had been dis- missed. He was held properly convicted of the fresh charge, and his submission to it at the first hearing cured the want of any summons or warrant to bring hiin legally before the magistrate. In this case there is ;ilso quoted a passage from " Paley on Summary Convictions," which at p. 109 of the 7th ed. reads as follows: — -"If the defendant appears, any irregularity in the summons, or even the want of a summons altogether, becomes immaterial, unless the statute creating the offence imposes the necessity of some such step." And see R. v. Hughes, 4 Q. B. D. then charged witli an offence within the jurisdiction of that magistrate, the latter lias jurisdiction to proceed witli that charge without, any informa- tion or summons having been previously issued, unless the statute creating the offence imposes the necessity of taking some such steps." In R. v. Millard, 22 I.. .1. M. C. 108; 1 Dears. ( '. ('. 116, Baron l'AUKH said: "A magistrate cannot proceed without an information laid before him ; but the rule of law is. that unless a statute expressly requires it the information need not be on oath, nor even in writing. The question here is whether section 30 (of the Malicious Trespass Act, 7 & 8 Geo. 4, c. 30, repealed) makes it a <-iiiiililiin , in all cases of summary conviction under the Act, that the information should he on oath." 11 & 12 Vict, c. 43, 8. 1. 13 The case of R. v. Fletcher, 48 J. P. 407 ; 51 I- T. 334 ; 32 W. R. Note 828, is another illustration of waiver by defendant of a defect to not essential to the jurisdiction, and thus curing irregularities Sect. 1, in the issue of process. The proceedings were under the third section of the Bastardy Laws Amendment Act, 1S72 (:>5 & :>() Vict. c. 65), which provides that any single woman who may be with child may make application to any justice for a summons to be served on the putative father, and such justice shall issue his summons. On January loth, 1884, application was made to a justice, who issued his summons to the father to appear on February 1st. lie appeared, objected to the summons on the ground of improper service, and another justice issued a fresh summons returnable on February loth. The case was heard on that day in the father's presence, and an order made: — Hrhl , on ride for certiorari, that the issuing of a summons by a justice other than the justice to whom application was first made was an irregularity waived by the appearance of the putative father and his failing to take the objection at petty sessions, and not an illegality nullifying the order. In 11. v. Jeffreys, '2'2 L. T. 786, where, on a summary hearing before two justices at petty sessions, one of them is not present till a part of the evidence has been given, the witness should be re-sworn and should repeat his evidence, and it is not sufficient that the notes of the evidence already given should be read over to such justice. This is, how- ever, only an irregularity, which may be waived by the parties. The facts of the case were as follows: — An affiliation summons was being heard before A. and B., two justices. The woman had given her evidence, and after it ('.. another justice, came in, and such evidence was read over from the notes taken by the justices' clerk in the hearing of the putative father and his attorney. The case was then proceeded with, and the attorney of the defendant addressed the bench and called evidence, but before the conclusion A. left the bench, and 15. and 0. made the order. It was held that thi- amounted to a waiver by the putative father, Blackburk, J., saying, " I should have required much stronger evidence of assent if the father had not had professional assistance." The case of Dixon v. Wells, 59 L. J.M.C. 116; 54 J. I'. 725, is an extremely important one, not only as bearing on section 1 of the S. J. Act, 1848, but also on the time' for proceedings fixed by a particular statute. The facts were as follow.-: On the loth of October, 1889, a complaint under the Sale of hood and Drugs Acts was preferred to two justices, sitting as a court of summary jurisdiction, against 1 >. for selling, on the 20th of September, milk not of the quality demanded. A summons was granted, but neither of these justices signed it: and on the Hth of October it was signed and issued by another justice who had not heard the complaint. On the return day, the 23rd of October, D. appeared, and objected that the summons was invalid, and that the court then assembled had no jurisdiction to entertain the charge : — Held, that the summons had not been signed and issued in accordance with Jervk' Act (section 1), and as a citation was worthless. The 14 The Summary Jurisdiction Act, 1848. Sect. 1. Note defendant's appearance did not cure it. /.'. v. Hughes, supra, dis- to tinguished. Further, the limit of twenty-eight days for service of a summons in the case of a perishahle article, provided hy section 10 ut 42 & 43 Vict. c. o(). could not be disregarded, and was a condition precedent. See for other examples of waiver and irregularity, /«'. v. Fletcher, 40 L. J. M. C. 123 ; L. R. 1 C. C. R. 320 ; 24L.T. 742; 19W.R.781; l2CoxC.C.77; 35J.P.759; Peck v. Be Rutzen, 46 J. 1'. 313; and Shepherd v. Postmaster-General, 2!> J. 1*. l(i(i and 338 : R. v. •/•/. of t Hnqw Ports, 55 L. J. M. ( '. 156 : 17 Q. B. D. 1!)1 : and Re Guerin, 58 L.J. M. 0.42; 53 J. P. 468; 37W.R. 269. Signature of documents. — As to signatures generally of docu- ments issued by courts of summary jurisdiction, it is understood to be the fact that at some courts summonses for rates and other quasi-criminal matters are " signed" by the justices themselves hy means ut' a rubber stamp. This practice would not appear illegal. See Bennett v. Brumfitt, .*!7 L. J. < '. P. ■_'■"<: Jenlcyns v. Gaisford, :>2 L. J. (Prob. M. & A.) 122 ; Blades v. Lawrence, 43 L. J. < I 1'.. 133 : L. R. Q. B. (9) .374, but seeing the possibility that such an impressed stamp might he used for fraudulent purposes by some person other than the justices, it is certainly advisable that all documents requiring the signature of a corut of summary jurisdiction or of the clerk of such court should he " signed" with pen and ink. Rule of estoppel applies to waiver. — It may he mentioned that cases of waiver of irregularities in proceedings before .justices are cases of estoppel, and the reason of the rule is stated very clearly in the case of Cairncross v. Lorimer, '■'> Macq. II. L. 829; 7 Jur. (x.s.) 141). " It is an universal law that if a man, either by word or conduct, has intimated that he consents to an act which has been done, and that he will offer no opposition to it. although it could not lawfully be done without his consent, and he thereby induces others to do that from which they might otherwise have abstained, In- cannot question the legality of the act he has bo sanc- tioned to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from Ins conduct." Irregularity in matter essential to jurisdiction.-- In cases where the matter is one essential to the jurisdiction of the sessions, see li. v. Simmonds, 8 Cox ('. C. 190; ~> Jur. 578; R. v. Millard, 22 L. J. M. <'. ins: Turner v. Postmaster-General, 10 Cox C. C. 15; .; B. & S. 756 : 34 L. J. M. C. 10; 11 Jur. (x.s/ 137 : 11 L. T. 369 : 13 W. R. 89; and Gelan v. Hall, 2 II. & N.379; 27 L.J.M. C. 78 ; 121 J. P. 710. See the remarks of Hawkins. J., in /'. v. Hughes, 4 Q. B. D. (!24. as to variance. Jurisdiction of justices in unions. — By 30 & '-'>\ Vict. C. 106, 8. 27, where a union extends into several distinct jurisdictions, every matter, act, charge, or complaint by which the guardians thereof are affected, or in which they have any interest, shall, for the purpose of jurisdiction, he deemed to arise or exist equally throughout the union. Under this enactment the appellate juris- diction from an order of removal is the same as that under which 1 1 r 12 Vict c. 43, s. 1. 15 the order is made, and it does noi depend upon the place from Note which the removal is ordered. Dudley Union v. Wolverhampton to /"/m"-.„. 25 L. T. (x.s.) 829. See Reg. v. Staffordshire .1.1., 41 Sect. 1. L. J. M. C. 78 ; L. R. 7 Q. B. 288 ; 20 W. I!. 366 : 25 L. T. 829. Death of justice signing- summons. l'.y section o7 of the S. .1. Act, 1879, post, a summons under this Act or under any other Act shall not be avoided by reason of the justice who signed the same dying or ceasing to hold office. Set' also note to that section. Order otherwise than for payment of money. — It may be noticed that the words " order for the payment of money or other- wise," which a justice is authorised to make upon complaint to him, include an order tor the demolition of a building. Morant v. Taylor, 4.5 L. J. M. C. 78 ; 40 J. P. 501 ; L. E. 1 Ex. Div. 188 ; 34 I.. T. 139; 24 \Y. II. 461. Compensation under Lands Clauses Acts. — The settlement of "compensation" by two justices for lands taken or injuriously affected under section 22 of tin- Lands Clauses Consolidation Act, 1S4.3, is not included. See //.v. Edwards, 13 ] for apprehending the person against whom such information shall have been so laid, and bringing him before the same justice or justices, or before some other justice or justices of the peace in and for the same county, riding, division, liberty, city, borough, or place, to answer to the said information, and to be further dealt with according to law ; or if, where a summons shall be so issued as aforesaid, and upon the day and at the place appointed in and by the said summons lor the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such sum- mons, then and in every such case, if ii he proved upon oath or affirmation to the justice or justices then present that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall lie lawful for such justice or justices of the peace to pro- ceed exparte to the hearing of such information or complaint, and to adjudicate thereon, as fully and effectually, to all intents and purposes, as if such party had personally appeared before him or them in obedience to the said summons. Warrants, when issued. — As to proof of sen ice by declaration, &' to the final adjudication. Time of service of summons. — The justices are the judges of whether a summons is served in a reasonable time In-fore the hearing; and in In re Williams, 21 L. J. M. C. 4(5; 2 Prac. Rep. 280; Hi J. P. 181; 15 Jur. 1060, it was held that the fact that a defendant did not receive the summons until eleven o'clock at night (which fact was not known to the justices) it having l>ccu left at eight o'clock in the morning at the house of the defendant, did not deprive them of their jurisdiction to hear and adjudicate upon the complaint. What is a " reasonable time before hearing." — In A', v. Cambridgeshire JJ. (44 J. P. 168), a butcher at Cambridge was .summoned for removing cattle out of an infected area without licence. Summons left at his house on September (ith, but he was at that time in Jersey; the .summon.- was forwarded to him by post, ami reached him on September 20th, the day of the hearing. He telegraphed to justice-, giving an explanation, and his foreman appeared and asked for an adjournment, but the justices proceeded and convicted him: — Held* that a certiorari to quash could not issue as the justices were satisfied that there had been reasonable time to have instructed a solicitor if the defendant had been so inclined. And in Culverson v. Melton [\ V. & D. 44o; VI Ad. & Ell. To.'i), by a Court of Bequests Act. a summons for a debt might be served by leaving it at a debtor's house, with his servant, and if the debtor did not appear the creditor might proceed ex 'parte to judgment and execution. A summons was left with debtor's wife at the debtor's usual place of abode, he being a seafaring man. and at time of >n- \ ice away on a voyage in the East Indies: — Held, that the sum- mons was duly served. Again by the repealed statute 7 & 8 Vict. c. 1 •"),.-. 17. e\ ery person summoned to answer any complaint shall he bound to appear at the time mentioned in the summons, the fixing of which time is a matter entirely in the discretion of the justices. Se\ end summonses were served on a factory owner in the afternoon to appeal' next morning before the justice-; defendant instructed an attorney to appear and apply for an adjournment ; this applica- tion was refused, and the attorney then said he had no alternative but to submit to a conviction, and the justice- proceeded to hear the cases. No proof of service of summon- was given: -Held, that notwithstanding that, the justices had jurisdiction to convict. Ex parti Hopwood, \U L. J. M. C. li»7. When warrant issued for complaints — A warrant to appre- K..J.A. c 18 The Summary Jurisdiction Act, 1848. Note hend can be issued in the case both of an information or a complaint to (not being a "complaint" within sections (i and 35 of the S. J. Sect. 2. _\i't. 1^7!)). after a summons lias been issued and the defendant has failed to appear in obedience t<> such summons. Sections (> and 35 referred to exclude in their operation from the above rule all "complaints" fur the recovery of "civil debts" as defined by section 6, sub-section 1 of section •'>"> enacting that '"a warrant shall not I"' issued for apprehending any person for failing to appear to answer any such complaint." Orders of affiliation, within this Act. — By section 54 of the S. J. Act. 1879, it is enacted that that Act shall apply to the levying of sums adjudged to he paid by an order in any matter of bastardy or by an order which is enforceable as an order of affiliation and to the imprisonment of a defendant for non-payment of such sums in like manner as if an order in any such matter or so enforceable were a conviction on information. Summons should be issued in the first instance. — The issuing in the first instance of a warrant on an information lies entirely within the discretion of the justice, and he will act advisedly by confining the issue of a warrant in the first instance to cases in which there is every probability of a summons not being attended to, or that the accused person will abscond when he is informed of the proceedings tint are being taken against him. and this is the practice almost invariably adopted in the metropolitan police courts. See O'Brien v. Bralner, ■!!> ,1. 1'. 227, and 7* 1.. T. News. 409, a case of assault, where a county court judge remark- with the full approval of Mathew, J.}. " J cannot retrain from expressing surprise that the magistrate should have taken a course which in my opinion ought only to he adopted in cases of charges of serious crimes, and then only when there is good reason to believe that the granting of a summons in the first instance is likely to lead to the defeat or delay of justice." The case of R. v. Staffordshire ./■/.. 5 X. & M. 94, is another example of a justice'- duty being to issue a summons in the firsl instance, although the statute under which he nets dispenses with such preliminary process. In thai case, by a local Act oi parliament commissioners were authorised to make rate- for pa\ ing, and in case of neglecl to pay, it should /«■ lawful tor a justice to issue a distress warrant on proof on oath of such neglect : — Held, that the clause did not make it compulsory on the justice to issue a warrant without a previous summons to appear and -how cause why such warrant should not issue. Semble, in all case- where justices are authorised to issue a warrant of distress on application for non-paymenl of rate it is their duty to call the defaulter before 1 hem by summon-, unless the Act of parliament directed that the warrant should issue imme- diately. Aial the judges emphatically approved of the course then adopted by the justices of limiting their own authority by in the first place issuing a summons. As to the meaning of word- "it -hall he lawful.'" - :ases quoted at p. 41, Paley, " Summary Convictions" (7th ed.). 11 <(■ 12 Vict. c. V.), s. 3. 19 Summons does not require oath, to substantiate. — A sum- Note mons may issue without the plaintiff being sworn ; but the section t0 requires that the information should be laid before the justice Sect.2. upon oath or affirmation, substantiating the truth thereof to bis satisfaction previous to his issuing a warrant in the firsl instance Warrant good after death of justice. — By section 37 of the S. J. Act. 1879, post, a warrant under this Act in- any other Act shall nol he avoided by reason of the justice who signed it dying or ceasing to hold office. See also N A: I-"' Vict. c. 24. s. ."), /KL-it. Nor does the death of an informer or complainant abate criminal proceedings. See /,'. v. Truelove, ■"> Q,. 1!. I>. :!■'!(> : lit L. J. M. C. .-»7 : 12 I.! T. 250; 28 W. R. lie: M Cox ( '. < '. 408; H J. P. 346. In thai case a complaint was duly made under 20 & 21 Vict. c. 83, that obscene books \\ ere kept by the defendant, a w arrant for seizure was issued and the defendant was summoned to -how cau-e why they should net be destroyed. Upon the hearing the order was made ; after the issue of the summons, and before the hearing, the complainant died: —Held, that proceedings did not lapse by reason of the complainant's death. Lush. J., saying [5 Q. B. I». 339), "These proceedings cannot he liable to abatement in the same manner as civil or quasi-civil proceedings are liable to abatement by the common law. as thev are essentially criminal proceedings." See also lie//,,- v . Hanger, 2 Bulstr. 134, 261. Vacation of warrant.- A justice may vacate his own warrant before it- execution. 3. Form /'ml contents of warrant — Execution of warrant — Certain provisions of 11 & 12 Vict. c. 42, as to backing of warrants to extend to inn rani* issued under fin's Act — Objections to warrant for want of form or variance from evidence.'] — Every such warrant to apprehend a defendant, that lie may answer to any such information or complaint as aforesaid, shall he under the hand and seal or hands and seals of the justice or justices issuing the same, and may lie directed either to any constable or other person by name, or generally to the constable of the parish or other district within which the same is to be executed, without naming him or to such constable and all other constables within the county or other district within which the justice or justices issuing such warrant hath or have jurisdic- tion or generally to till the constables within such last-mentioned county or district, and it shall state shortly the matter of the C 2 20 The Summary Jurisdiction Act, 184s. Sect. 3. information or complaint on which it was founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the constable or other person to whom it is directed to apprehend the said defendant, and to bring him before one or more justice or justices of the peace (as the case may require) of the same county, riding, division, liberty, city, borough, or place, to answer to the said informa- tion or complaint, and to be further dealt with according to law ; and that it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in full force until it shall be executed ; and such warrant may be executed by apprehending the defendant at any place within the county, riding, division, liberty, city, borough, or place within which the justices issuing the same shall have juris- diction, or, in case of fresh pursuit, at any place in the next adjoining county or place within seven miles of the border of such first-mentioned county, riding, division, liberty, city, borough, or place, without having such warrant backed as hereinafter mentioned ; and in all cases where such warrant shall be directed to all constables or peace officers within the county or other district within which the justice or justices issuing the same shall have jurisdiction, it shall be lawful for any constable, headborough, tithingman, borsholder, or other peace officer for any parish, township, hamlet, or place situate within the limits of the jurisdiction for which such justice or justices shall have acted when he or they granted such warrant, to execute such warrant in like manner as if such warrant were directed specially to such constable by name, and notwith- standing that the place in which such warrant shall be executed shall not be within the parish, township, hamlet, or place for which he shall be such constable, headborough, tithingman, borsholder, or other peace officer: and such of the provisions and enactments contained in a certain Act of parliament made and passed in this present session of parliament, entitled "An Act to facilitate the Performance of the Duties of .Justices of the Peace out of sessions within England and Wales with 11 .( 12 Vict. c. 4:5, s. 3. 21 respect to Persons charged with Indictable Offences," as to the Sect.3. hacking of any warrant, and the endorsement thereon hy a justice of the peace or other officer, authorising the person bringing such warrant, or all other persons to whom the same was originally directed, to execute the same within the juris- diction of the justice or officer so making such endorsement, as are applicable to the provisions of this Act, shall extend to all such warrants, and to all warrants of commitment issued under and by virtue of this Act, in as full and ample a manner as if the said several provisions and enactments were here repeated and made parts of this Act : Provided always, that no objection shall be taken or allowed to any such warrant to apprehend a defendant so issued upon any such information or complaint as aforesaid under or by virtue of this Act, for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the informant or complainant as hereinafter mentioned ; but if any such variance shall appeal' to the justice or justices present and acting at such hearing to be such that the party so appre- hended under such warrant has been thereby deceived or misled, it shall be lawful for such justice or justices upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit [lo] the said defendant to the house of correction or other prison, lock-up house, or place of security, or to such other custody as the said justice or justices may think fit, or to discharge him upon his entering into a recognizance [36], with or without surety or sureties, at the discretion of such justice or justices, con- ditioned for his appearance at the time and place to which such hearing shall be adjourned : Provided always that in all cases where a defendant shall be discharged upon recognizance as aforesaid, and shall not afterwards appear at the time and place in such recognizance mentioned, then the said justice who shall have taken the said recognizance, or any justice or justices who may then be there present, upon certifying [37] upon the back, of the said, recognizance the non-appearance of 22 The Summary Jurisdiction Act, 1848. Sect. 3. the defendant, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough, or place within which such recognizance shall have been taken, to he proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said defendant. Sealing order, &c. — It is not necessary that an order of justices should be scaled with w;ix. An impression made in ink with a wooden block in the usual place of a seal is sufficient when the document purports to be given under the hands and seals of the justices, and is in tact signed and delivered by them. A'"/, v. St. Paul, Covent Garden, 7 Q. B. 232; !• J. V. 441 ; 14 L. J. M. I '. 109. Warrant to whom directed. -In //. v. Suti,, rs, 36 I,. J. M. I '. ST; L. I!. 1 C. C. R. 75, it was held that a justice's warrant of commitment in execution upon a conviction for a penalty in the first instance under 11 & 12 Vict. c. 4.'5, s. 23, in the form [O. 1]. for which consolidated form '■>-, post, is now substituted, given in the schedule to that Act. directed to the constable of (i., a parish in the county of I... must he read as if directed to the parish constable of Gr., there being such an officer, who must execute it, and its execution by a county policeman was illegal. Vacation of warrant. — See note to section 2,ante, as to vacation of warrant by death or otherwise. Seven miles, how to be measured.- -The seven miles are to be measured in a straight line. ft. v. Saffron \\~ul; 15 L. J. M. C 115 : StoJces ^. Gressell, 14 C. 1'.. 278 : 'J:J L. J. C. I'. 141 : see section 231 of 45 & 4:;. -. 34, / ost. Provisions of 11 & 12 Vict. c. 42, only extend to warrants 11 ,<'• 12 Vict. c. 13, s. 3. 23 of apprehension and commitment. — It is to be observed that Note the provisions of 11 & 12 Vict. c. 42, incorporated in this section, to only extend to warrants of apprehension and commitment. See Sect. 3. notes to sections 1<> and 11 of thai statute, post. As to the first proviso, see note to section 1 , ante. Transmission of recognizances. -As to the second proviso, as to transmission of recognizances to the clerk of the peace, refer to section 9, sub-section I, of Summary Jurisdiction Act, 1819, post, which empowers a court of summary jurisdiction to enforce recog- nizances taken in such court. See Forms 36 and 37 of the S. J. Act Rules of L886, post ; see also section 42 of the S. J. Act, 1879, 'post. The justices may. of course, then issue a warrant for the arrest of the accused person on his failing to appear in obedience thereto. For the form used in backing warrant.- see Form .'!■"> ut' the S. J. Rules, L886, post. "Warrants, execution of.— The 10th section of 11 & 12 Viet, e. 42. post, may lie referred to as applicable to tin' provisions in this section regarding warrants to apprehend. It should he observed that tlir provisions of that Act relating to the backing of warrants arc inserted into and incorporated with 11 & 12 Vict. c. 43, by the operation of sections :j and :>". Where a justice under the provisions of section 2 of the 11 & 12 Vict. c. 4.'J. i— ues his warrant upon sworn information for a sum- mary offence, such warrant may lie backed and executed as provided by tlie sections referred to of 11 & 12 Vict. c. 42. See those sections, pust, and the notes thereon. See also the Criminal Justice Adminis- tration Act. 1851 (14 & lo Vict. c. 55), s. 18, post, as to the officers competent to endorse warrants in the [sles of Guernsey, Jersey, Alderney, and Sark. With regard to the execution of warrants by county and borough constables, see the County and Borough Police Act, Ls.jif (22 & T-> Vict. c. :;2 . -. 2, post, and /,'. v. Saunders, supra. In R. v. Cumpton, •'» a B. D. :!41 ; 44 J. P. 498; 49 L. J. M. C. 41; 42 1.. T. 543; 2s AV. R. 539, < '. was convicted of an assault on two police constables in the execution of their duty. The constables were members of the county police force of Worcestershire, and were apprehending C. in the city of Worcester, under a warrant, issued by two justices of the county of W., for his commitment to prison in default of the payment of a Hue. W. is a borough having a separate commission of peace, with exclusive jurisdiction, and a separate police Lace. The warrant was not hacked by a justice of the city of \Y.. ami I '. was not pursued from the county, but found in the city. It was held that the conviction was wrong, as the constables were not acting in execution of their duty in so executing such warrant. The Metropolitan Police Courts Act, 1839.— -The Metro- politan Police Courts Act, 1839 (2 & :i Vict. c. 71), s. 17, provides that w arrants issued by the metropolitan police magistrates, directed to con-taliles of tin- metropolitan police, in respect of matters within tlie metropolitan police district, may be executed anywhere outside 24 The Summary Jurisdiction. Act, 1848. Note such district within the United Kingdom by such constables without to endorsement by a justice. Sect. 3. 4. Description of property in informations.'] — In any informa- tion or complaint, or the proceedings thereon, in which it shall be necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others, as the case may be, and whenever in any information or complaint, or the proceedings thereon, it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in manner aforesaid; and whenever in any such information or complaint, or the pro- ceedings thereon, it shall be necessary to describe the owner- ship of any work or building made, maintained, or repaired at the expense of any county, riding, division, liberty, city, borough, or place or of any materials for the making, altering or repairing of the same, they may be therein described as the property of the inhabitants of such county, riding, division, liberty, city, borough, or place respectively : and all goods provided by parish officers for the use of the poor may in any such information or complaint, or the proceedings thereon, be described as the goods of the churchwardens and overseers of the poor of the parish, or of the overseers of the poor of the township or hamlet, or of the guardians of the poor of the union to which the same belong, without naming any of them ; and all materials and tools provided for the repair of highways at the expense of parishes or other districts in which such highways may be situate, maybe therein described as the property of the surveyor or surveyors of such highways respectively, without naming him or them ; and all property of the commissioners of sewers of any district may be described as the property of such commissioners without naming them. Property of partners.- In Ralph \. Httrrell, 32 L. T. 816; II I.. .1. M. U. 14.}. an information was laid against the appellant 11 .( 12 Vict. c. 43, 8. 5. 25 under section ■'>- of the Malicious Damage Act, 1861 (24 & 25 Aict . Note <•. 97), charging him with committing damage to a lamp, which was to affixed 1" a club-house. The Lamp was alleged in the information Sect. 4. to be the property of 1!.. C, and A., the trustees of the club-house. The evidence showed thai B. was the lessee of the house, and that by a declaration <>i trust between himself of the tir-t part, and ]'.., C, and A. of the second part, he declared himself to stand possessed for the trustees. The informant, the manager of the club, did not see the damage committed by the appellant: — Held, that this was not necessary ; that he was not precluded from laying the informa- tion; and that the justices were not justified in dismissing th" information byreason of the alleged variance between the informa- tion and the evidence. If they thought that the appellant had been deceived or misled, they might have adjourned the hearing as pro- vided by 11 & 1 li Viet. c. 43; but if they did not think so. they should have gone on to decide the case. Sections 14, etseg., of 7 Geo. 4, c. 64 The Criminal Law Act. 1826), post, arc in similar terms to this section, and relate to indictable offences. Description of goods, &c. — The Union and Parish Property Act, 1835 (5 & (J Will. 4, c. 69), s. 7. makes provision for describing in legal proceedings the goods of the guardians of the poor of a union. As regards money belonging to a parish, see the Poor Law Amendment Act, 1849 (12 & 13 Vict. c. 103), s. 15, which enacts, "that in respect of any indictment or other criminal proceeding every collector or assistant overseer appointed under the authority of any order of the poor law commissioners, or the poor law board, shall be deemed and taken to be the Bervant of the inhabitants of the parish whose money or other property he shall be charged to have embezzled or stolen, and shall be so described; and it shall be sufficient to state any such money or property to belong to the inhabitants of such parish, without the names of any such inhabitants being specified." See Roscoe [10th ed.), (H.j. See the provisions as to variance- which are misleading and deceptive in section 1, ante, and note thereon, ante. 5. Aiders and abettors.'} — Every person who shall aid, abet, counsel, or procure the commission of any offence which is or hereafter shall be punishable on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender, or before or after bis conviction, and shall be liable on conviction to the same for- feiture and punishment as such principal offender is or shall be by law liable, and may be proceeded against and convicted either in the county, riding, division, liberty, city, borough, or place where such principal offender may be convicted, or in 26 The Summary Jurisdiction A<-t, 1848. Sect. 5. that in which such oft'ence of aiding, abetting, counselling, or procuring may have been committed. Conviction of aiders and abettors. — In felonies the person who actually commits the offence is called the principal in the first degree, and those present aiding and abetting him are principals in the second degree. In misdemeanors all guilty participators are principals. R. v. Greenwood, 2 Den. 453 ; ■> Cox C. C. 521; 21 I,. J. M. C. 127; 16 Jur. 390. An accessory before the fact to a felony is one who counsels, procures, or commands any other person to commit any felony. Accessories after the fact to a felony are those who receive or assist the felon in evading justice, knowing him to have been guilty of the offence in committing which lie is a principal. Though there may he accessories after the fact in regard to felonies, there cannot he accessories after the fact in the case of an offence punishable on summary conviction. Section 5 of 11 & 12 Vict. c. 4.'J, only deals with those who aid in the commission of any offence. Accessories.— The word "procure" is one of the words almost invariably used in describing an accessory before the fact (1 Hale, 615). It is also used in speaking of abettors (24 & 2o Vict. c. 94, ss. 2 & 8). A person aiding and abetting would also be guilty of procuring; the decisions on the subject of accessories before the fact would therefore be in point. The bare concealment of a felony to be committed will not make the party concealing it an accessory before the fact [2 Hawk. P. (A c. 29, s. 23). Nor will a tacit acquiescence or words which amount to a bare permission be sufficient to constitute this offence (1 Hale, <;ii>). Knowledge that a person intends to commit a crime, and conduct connected with and influenced by such knowledge, is not enough to make a person who possesses such knowledge or so conducts himself an accessory before the fact to any such crime unless he does some- thing to encourage its commission actively ("Stephen's Digest of Criminal haw," art. 39, p. 25). Generally on the subject of acces- sories before the tact, see "Arcnbold's < 'riminal Pleading," " Roscoe's Criminal Evidence," 1 "Kuss. on Crimes." The words "aid, abet, counsel, or procure " describe the offence of the accessory by reference to thai of the principal. Ex parte Ch. Smith, 3 II. & X. 227; 27 L. J. M. C. 186; 22 J. P. 834. See also Stacey v. Whitehurst, :i4 L. .1. M. C 94; 18 C. B. (n.S.) 344; 11 [j. T. (x.s.) 7lo, where A. was convicted of aiding ami abetting 1'-. in committing the offence of trespassing in pursuit of game under the following facts: A. drove l'>. in a conveyance along a public ro.nl tor a lawful purpose. The conveyance was stopped by A. ; I'., got out and entered a field and shol a hare, which be gave to A. <>w returning to the conveyance, and then A. and 1'.. drove off together; WlLLES, J., Baying at ]i. '.Mi of L. J. M. c. Rep., ■•! think the facts stated are such that, if the offence 11 .i 12 Vict. c. 43, 8. 5. 27 had been a felony, would have constituted the respondent an acces- Note Miry thereto, and, therefore, they are sufficient to constitute him a to principal where the offence is a misdemeanor, and the distinction Sect. 5. between principal and accessory does not exist." Where and when "mens rea' - necessary.— Tlwiv are some cases under particular statutes where it may be unnecessary to show the mens rea of the person aiding and abetting. For instance, in Ex parte Ch. Smith, supra, there was a commitment under 11 & 12 Vict. c. 4.*j, s. 5, for aiding a handicraftsman in unlawfully absenting himself from his service. It was objected that the commitment disclosed no offence within the statute on the part of Smith, as, although it was admitted that Thompson had committed an offence, and that Smith aided him in its Commission, yet it did not appear that Smith knew Thompson had no lawful excuse for SO absenting himself, and Lord BbamWELL thus gives his opinion on such objection: — "To allege the know- ledge of Smith could only be necessary on the ground that a man cannot commit the offence of aiding another to absent himself unlaw- fully from his employment without knowing all the ingredients which must exist to make such absence unlawful, as to which I entertain great doubt; and the inclination of my opinion is that if a man aids another in the commission of an act which is unlawful. unless certain facts exist, and lie does not impure whether such facts exist or not, he may be convicted of aiding in the commission of the offence." A similar question was discussed in the case of /,'. v. Prince, L. R. 2 G. (3. li. 154; 44 L. J. M. C. 122: :>2 L. T. Too: 24 W. R. 76; 13 Cox, L38 ; 39 J. P. 530, 676. See also judgment of Stephen, J., in Candy v. Lecocq, 13 Q. B. 292 : 43 L. J. M. C. 67 : 22 W. R. 297; 2!) L. T. 838, may be referred to, where a Licensed nctualler was held liable to be convicted under 35 & :;ii Vict. c. 94, s. 16, sub-s. 2, although he had no knowledge of the act of his servant; and the case of Somerset v. Hart, 12 Q. i>. 1 >. :;<>(); o:; L. J. M. C. 77 ; 48 J. P. .'527, where it was held (discussing Mullens \. Collins] that the justices were right in refusing to convict the licensed person of suffering gaming on his premises where the evidence showed that gaming had taken place to the knowledge of his servant employed regularly on the premises, but did not show any connivance on his part, or that his servant was in charge of the premises; and in Cundy \. Lecocq, supra, it was held that pro- hibition against selling intoxicating liquor to a drunken person was 28 The Summary Jurisdiction Ad, 1848. Note absolute, and that knowledge of the condition of the person so to served was oot necessary to constitute the offence. In the case of Sect. 5. Somerset v. Wade, 10 T. L. 1\. 313; 63 L. J. M. C. 126, it was held that a person cannot be convicted under section 13 of the Licensing Act, 1872 (35 iV. 36 Vict. c. 04), of permitting drunkenness on his premises unless it is proved he knew of the drunkenness. In /,'. v. Bishop, o Q. B. 1). 259; 44 J. P. 330; 28 W. R. 475; 49 L. J. M. C. 45; 42 L. T. 240; 14 Cox ('. C. 404. where the defendant was convicted under the repealed statute, 8 & 9 Vict. c. 100, s. 44, of receiving two or more lunatics into her house, not being registered or licensed, but the jury found that the defendant honestly and on reasonable grounds believed that the persons received were not lunatics, it was held that such belief was immaterial and the conviction right. And in the case of Small y. Waugh, 47 J. P. 20, where in a colliery horses were worked while unfit, and the evidence showed that the appellant was only the certificated manager of the colliery, and did not show that he had any knowledge or notice of the condition of the horses, it was held that the justices were wrong in convicting him under 12 & 13 Vict, c. 92, s. 2, and that some knowledge of the matter was an essential ingredient of that offence. See also Ben/ord v. Sims, 14 T. L. R. 424 ; 67 L. J. Q. 15. (57. In Core v. James, 7 Q. 15. 135; 41 L. J. M. C. 19; 35 J. P. 340, the appellant was convicted under section 8 of the Bread Act, 1836 (6 & 7 Will. 4, c. 37), of using alum in making bread for sale. It was proved that he sold a loaf adulterated with alum, but no evidence was adduced tending to prove that either he or his sen ant, who made the bread, knew that alum was used: Held, that to constitute the offence there must be guilty knowledge, and that the conviction waswrong. See also Neioman v. Jane*, 55 I.. T. 327. In Hearne v. Garton, 28 L. J. M. ( '. 216; 2 E. & E. 66, it was held that mens rea was an essential element in the offence of sending, without expressly giving notice of their nature, goods of a dangerous quality by railway, contrary to '> & 6 Will. I, c. cvii. (the (}. W. it. Act). And in Morden v. Porter, 20 L. J. M. 0. 213; 7 ( '. 15. (x.s.) 641, it was held to be doubtful whether a trespassing in pursuit of game under the Game Act, 1831 (1 & 2 Will. 4. c. 32), S. ."50, was such an offence as to render it necessary to prove that the defendant should have intended to commit or have been conscious that he was committing a trespass. But now it has 1 n recently held by Lord Coleridge that to constitute thisoffence a mens rea is not an' essential. See Waikim v. Major, 44 L. .1. M. < '. 164; I.. R. in C. 1'. 0ii2; 33 L. T. 352; 24 W. !!. 101. If the keeper of a place of public resort leaves his premises to the management of a servant, and prostitutes are suffered to meet together and remain in the house contrary to the Metropolitan Police Art. 1839 (2 & ;J Vict. c. 47), s. 44, the mere relation of master and servant neither makes nor prevents the latter from being an aider and abettor in the offence; and if the servantto prostitutes to meet together and remain is 11 «!• 12 Vict. c. 43, 8. 5. -if/ carrying out the master's orders, the master is guilty as principal, Note and the servant as aiding and abetting, and the latter may be con- to victed under 11 & 12 Vict. c. 43, s. ■">. Wilson, app., Stewart, reap., Sect. 5. 3 B. & S. 913; !) Jur. (x.s.) 1130; :52 L. J. M. C. 198; 8 L. T. (x.s.) 277; 27 J. P. J. 1*. (i!>. 510, three persons were included in one conviction as reputed thieves under the Vagrant Act, and no objection appears to have been taken on that ground to its validity. In Ex parte Biggins, 26 J. 1'. 244. 2.jn, an objection was taken to the conviction of several persons who were tried " in the lump," but the court held it to be good, the defendants not having applied to have their cases taken separately. And see Wells v. Cheyney, :;i; J. J'. 198. "Where one is charged as principal and another as abettor, they may. in the opinion of the late Mr. Archbold, be jointly charged in the same information ; as aiders and abettors are, in offences less than felony, deemed to be principals, and the offence of one person who committed or who abetted is therefore deemed but one offence. In the case of R. v. Littlechild, 40 L. J. M. C. 137 : 35 J. 1'. 86 ; 24 L. T. 233 ; L. li. (i (}. 15. 29.'), three persons were charged on a joint information with using a gun on Sunday, and it was held that each was liable to the full penalty, and might be separately convicted and separate convictions drawn up; and that it was in the discretion of the justices to hear the cases together or separately. See also Mayhew v. Wardley, 10 I '. 15. (x.s.) 550. Offences single in their nature and those several in their nature. — In R. v. Clarke, Cowp. 610, Lord Mansfield pointed out the distinction between offences single in their nature and those several in their nature. He says. ••Where the offence is in its nature single, and cannot be severed, then the penalty shall only be single, because though several persons may join in the commission of it, it still constitutes but one offence. But when the offence is in its nature several, and where every person concerned may be separately guilty of it, there each offender is separately liable to tlie whole penalty, because the crime of each is distinct from the offence of the others, and each is punishable for his own crime; ami Mellor, J., in /•'. v. Littlechild, " Where the offence is several, there may then be a separate conviction and a separate penalty.*' See also ELannen, J.'s, judgment, quoting o Anne, c. 14, s. 4 {repealed), as an instance of a joint offence where separate penalties cannot legally be imposed. See also " 1'alev on ( 'onvictions " (7th ed.), j). 212. ' 30 The Summary Jurisdiction Act, 1848. Note Pollock, • '.]'>., also gives the following rule as to the distinction to between joint and several offences in Attorney-General v. McLean, Sect. 5. ] jp ^ q -;,{)■ "The form which the legislature uniformly adopts when the intention is that for each and every violation of an Act of parliament there should he a distinct penalty, is to impose a penalty by express words for each and every offence." See also li. v. Matthews, 10 Mod. 27. and //. v. Swallow, 8 T. R. 286, and note to section 10, post. Persons charged jointly with assault are not entitled to sever their defences in order to give evidence for each other [Paul v. Summerhayes, 27 W. R. 215; 3<> L. T. 574; 4 Q. IS. D. 9; ■!:; .1 . 1'. 188), but it is in the discretion of the justices to permit the,,, to do so. R. v. Littlechild; R. v. Payne, L. R. 1 C. C. 1!. 349; 41 L. J. M. ('. 65; 26 L. T. -11 ; 20 W. R. 390; 12 Cox 0. C 118. In the case of In re The Stipendiary Magistrate of Brighton, 9 T. L. 1?. 522, it was held that a charge of joint assault mi<>ht he heard against two or more persons separately summoned in respect of an assault on the same person. 6. Provisions of 11 & 12 Vict. c. 42, as to justices in one county, dr., acting for another to extend to this ActJ] — Such of the provisions and enactments in the Act aforesaid made and passed in this present session of parliament, intituled " An Act to facilitate the Performance of the Duties of Justices of the Peace out id' Sessions within England and Wales with respect to Persons charged with Indictable Offences," whereby a justice of the peace for one county, riding, division, liberty, city, borough, or place may act for the same whilst residing or being in an adjoining county, riding, division, liberty, city, borough, or place of which he is also a justice of the peace, or whereby a justice of the peace for any county at large, riding, division, or liberty, may act as such within any city, town, or precinct next adjoining thereto or surrounded thereby, being a county of itself, or otherwise having exclusive jurisdiction, as are applicable to the provisions of this Act, shall be deemed to be incorporated into this Act. and to extend to all acts required of, or to be performed by, justices of (he peace under or by virtue of this Act, in as full and ample a manner as if the said provisions and enactments were here repeated and made parts of this Act. 11 .. 12 Vict. e. IS, s. 6. 31 & fcion 35 of this Act does not apply to or control this section ; Note 2'■') Vict. c. 70 . although by section 103 [the section imposing the penalty "'upon any person guilty of any offence against this Act") did not, in terms, mention that such penalty was to be adjudged payable on summary conviction. This case was followed 'in Jol k v. Colarh, -14 L. J. M . C. 185; L. B. 10 Q. 13. 544 : 32 I.. T. 725 : 23 W. B. 697 ; 40 J. P. 135, a case decided on the same statute. Justices' commissions. — The territorial jurisdiction of justia - is limited to the area or place for which their commissions are issued, and they can consequently only exercise the powers con- ferred on them within such specified area. •• The jurisdiction is not personal to the justices." There is, however, stated to be a dis- tinction as to this between ministerial and judicial duties. The former, such as taking recognizances, it is said, can be exercised outside the area of a county or borough, but the latter can never h i xercised outside the appointed area. See this question discussed in •• 1'alev on Convictions " 7th ed. , pp. 18, < tseq. : /.'. v. Stainforth, 11 Q. B. 66; R. v. Totnes, 11 Q. B. 80; 18 L. J. M. C. 46; hi re Peerless, 1 Q. B. 143; and Stavesten v. Ashburnham, 24 L.J. M. C. 53; 4E. &B. 526. In ]{■ /•/■ v. Ailsa [Marquis), 1 Macq. II. I.. 736, it was held that an affidavit before a justice of the county of .Midlothian is valid though taken in London. This would also apply 1" a statutory declaration taken under •■The Statutory Declarations Act, 1835." It is very doubtful, however, whether it is expedient for a justice to ad ministerially outside his jurisdiction. With regard to the jurisdiction of justices in petty sessional division-, see 9 < reo. 4, c. 43, " An Act for the Better Regulation of Divisions in the several Counties of England." Local jurisdiction of justices. — Statutes enacting that •every offence shall be deemed to have been committed either in the place where it actually was committed or in any place where the party accused happens to he," do not authorise a com iction for an offence that has taken place out of the jurisdiction of the justices against a person summoned from without such jurisdiction, and the defen- dant's appearance to sucb summons, and submission to the justices' authority, will not cure such defect of jurisdiction. Johnson v. Colam, supra. And see the cases on waiver of irregularities cited in section I, ante. A statute which directs that proceedings are to be taken before 32 The Summary Jurisdiction Act, 1848. Sect. 6 Note " any two justices " is construed to mean " any two justices having to regard to their statutory or common law jurisdiction." Be Peerless, ' 1 Q. B. 143. Backing warrants. — As to the backing, &c, of warrants, see note to section 3, ante. It may be mentioned that the backing of a warrant is a minis- terial act, and the issuing justice is alone responsible. Warrants of distress, where sufficient to satisfy the amount of the warrant is not found in the county or place where issued, may be backed by the justice of another county or place (section If), post). But warrants of metropolitan police magistrates may be executed anywhere in the United Kingdom without endorsement, and war- rants of justices for the home counties may be executed in the City of London without backing, and via vt rsa. Justices for a county have jurisdiction to make an order under the repealed statute 3 & 4 Vict. c. 54, relating to a criminal lunatic, while sitting in a borough having a separate commission of the peace, by virtue of 11 & 12 Vict. c. 42, s. (>, and 11 & 12 Vict. c. 43, s. (J, coupled with the Summary Jurisdiction Act, 1863 (2(5 & 27 Vict. c. 77), which latter Act so far renders nugatory the exceptions in 11 & 12 Vict. c. 43. s. ;').'>. Per Co< KBUBN, C.J., the Summary Jurisdiction Art, 1863 (26 & 27 Vict. c. 77), s. 1, in effect enacts that section 3.3 of 11 & 12 Vict. c. 43, shall lie repealed so far as it had any operation to control section <> of the same Act, and therefore, by what is certainly a most remarkable piece of legisla- tion, the operation of section (! is left untouched as to the juris- diction of justices, although other sections of the Act, such as section 11, limiting the time for making the complaints, will still not applytothe orders mentioned in section 35. Bradford v. Git rk of the han for Wilts, L. E. 3 Q. B. GOi; 9 B. & S. 660; 18 L. T. 515. See, as to oaths and qualification of justices for counties, the Promissory I >aths Acts, 1868 (31 &32 Vict. c. 72) and 1871 (34 & 35 Yict. c. 48), the Justices Qualification Act, 1744 (18 Geo. 2, c. 20), s. 1, the Justices Qualification Act, 1875 (38 & 39 Vict. c. o4), and note to section 1 of 11 >S: 12 Vict. c. 42, post. County justices.— By the Poor Relief Act, 1722 (!) Geo. 1, c. 7), s. 3, and 11 & 12 Vict, c. 42, s. 6 (which latter section is incorporated into this Act), and amended by 2li & 27 Yict. c. 77, post, county justices may act as such in any city or other place haying exclush e jurisdiction, and which is situate within, or surrounded by, the county for which they are appointed. ( .) Geo. 1, c. 7. s. 3. enacts, in effect, as follows: — "For the greater ease of justices of the peace whom Her Majesty shall appoint, be it enacted thai if any sucb justice shall happen to dwell in any city or precinci thai is a comity in itself situate within the county at large for which he is a justice, although not within the same county, SUCh justice may grant warrant.-, take examinal ion.-, and make orders for any matters which anyone or more justice or justices of the peace may act at hi- own dwelling-house (see now 11 <£• 12 Vict. c. 48, s. 6. 33 section 7. Summary Jurisdiction Act, 1884), although such dwelling- Note house be out of the county for which he La authorised to act, and to in some city or precinct that is a countyof itself; and all warrants, Sect. 6. orders, and other acts of such justice shall be good and valid, although it happens to 1 at of the limits of the proper precinct or authority, pro\ ided that nothing herein -hall give power to justices tor tin' county to hold court.- of quarter sessions in such cities or towns, nor to act nor intermeddle in any matters or things arising within cities and towns which arc counties of themselves, but that all such acts or doings shall be of such 1'orcc as it this Act had not been passed." Sec section <; of 11 & 12 Vict. c. 42, post, Indictable Offences Act, Is is. Section 35 not to control section 6. — By the Act to amend the Law relating to the Jurisdiction of Justices residing or being out of the county for which they are Justices (26 & 27 Vict. c. 77 . reciting that, Whereas by the sixth section of an Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled •• An Act to facilitate the performance of the Duties of Justicesof the Peace out of Sessions within England and Wales with respect to Summary Convictions and ( Orders" (which Act is hereinafter referred to as the principal Act), it is enacted, that such of the provisions contained in the Act passed in the same session of parliament, chapter forty-two, and intituled " An Act to facilitate the Performance of the Duties of the Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with Indictable Offences," whereby a justice of the peace for one county, riding, division, liberty, city, borough, or place may ait fur the same whilst residing or being in an adjoining county. riding, division, liberty, city, borough, or place of which he i- also a justice of the peace, or whereby a justice of the peace for any county at large, riding, division or liberty may act as such within any city, town, or precinct next adjoining thereto or surrounded thereby, being a county of itself, or otherwise having exclusive jurisdiction, as are applicable to the provisions of the principal Act -hall be deemed to be incorporated with the principal Act. and to extend to all acts required of or to In- performed by justices of the peace under or by virtue of the principal Act in as full and ample a manner a- if the said pro\ isions and enactments were repeated ami made parts of that Act: Ami whereas by the thirty-fifth section of the principal Act it is provided that nothing in the Act contained shall extend to certain cases therein mentioned: And whereas it is apprehended that the provisions of the said sixth section of the principal Act are controlled by the thirty-fifth section of the same Act. and that justices cannot act under the first-mentioned of the said two sections in the cases mentioned in the said thirty-fifth section : And whereas it is expedient that the principal Act should be amended as hereinafter provided : Beit enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present S.J. A. D 34 The Summary Jurisdiction Act, 1848. Note parliament assembled, and by the authority of the same as follows : — to Section 1. The thirty-fifth section of the principal Act shall not Sect. 6. apply to or control the sixth section of the same Act, and such last-mentioned section shall be construed as if the thirty-fifth section were not and never had been contained in the principal Act; and any acts done or orders made by justices previously to the passing of this Act which would have been valid if this Act had been passed at the respective dates of such acts being done or orders made shall be and are hereby declared to be valid accordingly. Justices commissioned for two counties. — When justices are commissioned for two adjoining counties they may act in either of such counties in any matters arising in either of such counties. provided they are at the time residing in one of such counties. See section 5 of 11 & 12 Vict. c. 42. post, The Indictable Offences Act, 1848. As with justices for the county at large, so with borough justices, their jurisdiction is limited by the boundaries of the borough or place for which they are commissioned. Borough, justices— County justices acting in boroughs. — The Municipal Corporations Act, L882 (45 & 46 Vict. c. 50), regulates the acts of justices of such places as are within its provisions, see section <>. Section 154, as to the jurisdiction of county justices in boroughs, enacts where a borough has not a separate court of quarter sessions, the justices of the county in which the borough is situate shall exercise the jurisdiction of justices in and for the borough as fully as they can and oughi for tin- county. No part of a borough having a separate court of quarter sessions shall he within the jurisdiction exercisable out of quarter sessions of the justices of a county where the borough was exempt therefrom before the passing of the Municipal Corporations Act. ls:;.">. Section 157, sub-section 2 — A justice of the borough shall not he capable of acting as such until lie lias taken the oaths required to be taken by justices, except the oath as to qualification by estate, and made before the mayor or two other members of the council a declaration according to schedule 8. 3. He must, while acting as such, reside in or within seven miles of such borough, or occupy a house. &c, in such borough. -I. Qualification by estate such as a count v justice must have is not to be required. See Promissory Oaths Act. 1868 :il & .'i - _' Vict. <•. 72 ), ss. 4 and 6; and Promissory Oaths Act, 1871 34 & 35 Vict. C 48), s. 2; and note to section 1 of 11 & 12 Vict, c -12. Section 158, jurisdiction of borough justices, Bub-section 1 — A justice tor a borough shall, with respect fco otfences committed and matters arising within the borough, have the same jurisdiction and authority as a justice for a county lias under any local and general Act with respect to offences committed and matters arising within the county. Except that he shall not. by virtue of hi- being a justice tor the borough, act as a justice at any court of gaol delivery or quarter sessions, or in making or levying any county or 11 ,i- 12 Vict. e. 43, 8. 6. 36 borough rate. 2. A justice shall not be disabled from acting in the Note execution of this Act by reason of his being liable to the borough to rate. As to this section, see Wihon \. Strugnell, 7 Q. B. I). Ssct.6. 548; 50 L. J. M. ('. 145; 45 I.. T. 219; 45 J. P. 831 ; 14 Cox 0. C. 624. By section 1 63, a recorder maybe appointed who is to be - x-ojjwio a justice for the borough. Section 'I-'.) (see note to section .;, ante), provides tor the service of summonses ami warrants issued by a borough justice, in the county where such borough is situate, without being endorsed by a county justice. As to measurement of distance, see ante, }>'• 22. Sections 228 and 229 prescribe the boundaries of boroughs. Section '_' is contains special provisions as to certain of the ( 'iny section 2.">o, sub- section 4, •' Nothing in this Act is to alter the respective jurisdiction of county and borough justices." Petty sessions in boroughs. — By the Petty Sessions Act, 1849 (12 & 13 Vict. c. 18), every sitting and acting of justices of the peace. or of a stipendiary magistrate, in and for any city, borough or town corporate having a separate commission of the peace, or any part thereof, within England and Wales, at any police court, or other place appointed in that behalf, shall be deemed a petty sessions of the peace, and the district for which the same shall be holden, shall be deemed a petty sessional division within the meaning of any Acts of parliament already made or hereafter to be made, having relation to such petty sessions, or to any business to be transacted thereat. Offences in workhouses and unions. — As to workhouses in unions, see the Poor Law Amendment Act, 1S44 (7 & S Vict. C 101), s. 57, which provides for the committal of offenders in workhouses brought before justices and convicted to the gaol of the place to which such offenders belong, although such justices are not justices acting for the jurisdiction in which the prison, or the workhouse in which the offence was committed are situate; and the Poor Law Amendment Act. 1848 (11 & 1 'J Vict. c. 110), s. 9, as to persons chargeable to the common fund of a union, and being convicted of any offence committed in a workhouse, may be committed by any justice before whom he is charged and con- victed to the common gaol of the county or place which contains the parish to which such offender is chargeable; ami 30 & -SI Vict. c. 10<>, s. 127, which enacts that wh ere a union extends into several distinct jurisdictions, every matter, act, charge, or complaint by which the guardians thereof are affected, or in which they have any interest, shall, for the purpose of jurisdiction, be deemed to arise or exist equally throughout the union. In R. v. Staffordshire -/./., 11 L. J. M. C. 78; L. lb 7 (}. 15. 288; 20 W. II. :; the quarter sessions for the borough, and not that for the county. Justices to be " ex-orncio " guardians. — By the Poor Law Amendment Act. 1834 (4 & o Will. 4, c. 76), ss. 38 and 109, a justice residing in any parish and acting as a justice for the county in which such parish is situate, is an ex-officio guardian. The word " countv " has been held in this statute to include "county of a town." ' 11. v. I-rurrr, 49 L. J. M. ('. 81 ; 28 W. E. 568; 44 J. P. 216; 5 Q. 1'-. D. 386. Offences within the county or place — Detached parts of a county.- -The jurisdiction of justices is further limited to offences committed within the county or place for which they hold their commission. Sometimes, however, a county wholly surrounds a detached part of another county, and in such a case the justices for the county inclosing the detached portion may act for such detached portion; see 7 & 8 Vict. c. 61, s. 2, as to declaring the divisions to which detached parts of counties, &c, belong, and s. 3, providing for the holding special and petty sessions within such detached parts of ci unities. In order to remove doubts which had arisen whether the powers given to justices &c, in detached parts of counties under the Counties (Detached Parts) Act, 1839 (2 & ;) Vict, c 82), are applicable to ministerial acts, and cases of summary jurisdic- tion, the 7th section of the Indictable Offences Act. 1848, was passed, see post. Local jurisdiction of courts of summary jurisdiction. — As to the local jurisdiction of courts of summary jurisdiction, see sections 4.3 and 4(i of S. J. Act. 1879, post. Special statutory provisions as to jurisdiction.— For special provisions as to jurisdiction in offences against the Excise Laws, sei the Excise Management Act, 1N27(7 & 8 Geo. 4, c. 53), s. nv> ; as to Shipping, 57 & 58 Vict. c. <>o, s. 684 On 7 ; as to Customs Offences on the high seas, 39 & 40 Vict, c 36, ss. 229 and 230; the Larceny Act, 1861(24 & -2.') Vict. c. 96), s. 115, and 24 & 25 Vict. c. 97, s. 72; against The Contagious Diseases (Animals) Act, 1 s 7 s ( 1 1 & 12 Vict. c. 74), s. 66. The Larceny Act. 1861 2) & 2,3 Vict. c. 96), s. 11 I. gives juris- diction to justices to deal with stealers of property, in the place where such property is in their possession, although that place is not that in which the offence charged was committed, ami the Distress fur Kent Act, 17JJ7 (11 Geo. 2, c. 19), as to fraudulent removal of goods by tenants has a similar provision. Sec /,'. v. Morgan, < 'aid. 158. See also a- to this Archbold's Grim. PI. under ■•Venue." The Consolidated Statute.- of 1861 contain provisions 11 ,c 12 Vict. c. 48, a. 7. 37 for giving jurisdiction on land in cases of indictable offences Note committed at sea. So also the Post Office (Offences) Act, 1837 t0 (7 Will. 4 & 1 Vict, c 36), as to post office offences within the Sect °- admiralty jurisdiction. As to this aee the Territorial Waters Act (Jurisdiction), 1878 (41 & 42 Vict. c. 7:5'; R. v. Keyn, 2 Kx. 1). 63; 46 L. J. M. C. 17; 11. v. Anderson, 1 L. E. C. C. R. 161; 38 L. J. M. C. 12; lit I.. T. 100; 11 Cox C. C. 198, and note to section 2 of 11 & 12 Vict. c. 42. As to the conviction of accessories, see sction 5, ante, and as to accessories to felonies committed within the admiralty jurisdiction of England or Ireland, see 24 & 25 Vict, c 94, s. 9 (The Accessories and Abettors Act, 1861). Exclusive jurisdiction in liberties of counties.— Although the authority of justices for counties is confined to the limits of the county for which they arc commissioned, yet it doe- not necessarily extend to all places within such county. There are liberties in counties, the charters creating which give exclusive jurisdiction to the justices appointed for them. Sec Arnold v. Dimsdale, 2 E. iV; R. 580; 22 L. J. M. C. 161 ; Candlish v. Simpson, 1 1'.. & S. 357 : 30 L. J. M. G. 178; 14 L. T. 437 : Brown v. Nicholson, 28 L. J. M. C. 49; 5 C. R. (x.s.) 468; 32 L. T. (o.s.) 160. See also Paley (7th ed.), pp. 34 and 35, and sub-section 2 of section 154 of the Municipal Corporations Act. 1882, above quoted; Reigate v. Hart, L. R. 3 Q. B. 244 ; 37 L. J. M. C. 70; 9 B. & S. 929 ; 16 W. R. 896. See as to disqualification on ground of interest note to section 12. post, and section 158 of 45 & 46 Vict. c. 50. The jurisdiction of justices is temporarily suspended in some cases, as, for instance, a justice who acts as sheriff is not to exercise his jurisdiction as a justice during his year of office. Ex parte Colville, 45 L. J. M. C. 108; 1 Q. B. L>. 133; 24 W. R. 4.30. See as to coroners Davis v. Pembrokeshin J-J.. 7 Q. R. I). 513. The bankruptcy of a justice also disqualifies him from acting. Priority in jurisdiction. — And where magistrates duly authorised act in any matter within their jurisdiction, their doing so excludes the jurisdiction of all other justices, and the acts of other justices except in conjunction with the first are void. Sec further on the subject of this note, the notes to sections 1 and 2 of 11 & 12 Vict. c. 42, post. As to the jurisdiction of justices being ousted by a bona Ji' claim of right, see notes to section 12, post. 7. Potvers of obtaining attendance of witnesses^] — If it shall be made to appear to any justice of the peace, by the oath or affirmation of any credible person that any person within the jurisdiction of such justice is likely to give material evidence in behalf of the prosecutor or complainant or defendant, and 38 The Summary Jurisdiction Act, 1848. Sect. 7. will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such information or complaint, such justice may and is hereby required to issue his summons [5] to such person under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons before the said justice, or before such other justice or justices of the peace for the said county, riding, division, liberty, city, borough, or place, as shall then be there, to testify what he shall knew concerning the matter of the said information or complaint ; and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum was paid or tendered to him for his costs and expenses in that behalf) it shall be lawful for the justice, or justices before whom such person should have appeared to issue a warrant [7] under his or their hands and seals to bring and have such person, at a time and place to be therein mentioned, before the justice who issued the said summons, or before such other justice or justices of the peace for the said county, riding, division, liberty, city, borough, or place, as shall then be there, to testify as aforesaid, and which said warrant may, if necessary, be backed as hereinbefore is mentioned, in order to its being executed out of the jurisdiction of the justice who shall have issued the same ; or if such justice shall be satisfied by evidence upon oath or affirmation, that it is probable that such person will not attend to give evidence without being compelled so to do, then instead of issuing such summons, it shall be lawful for him to issue his warrant [8] in the first instance, and which, if necessary, may be backed as aforesaid ; and if, on the appearance of such person so summoned before the said last- mentioned justice or justices, either in obedience to the said summons, or upon being brought before him or them by virtue 11 dc 12 Vict. c. 43, 8. 7. :>'.» of the said warrant, such person shall refuse to he examined Sect. 7. upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation, shall refuse to answer such questions con- cerning the premises as shall then he put to him, without offering any just excuse for such refusal, any justice of the peace then present, and having there jurisdiction, may by warrant [9] under his hand and seal, commit the person so refusing to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place where such person so refusing shall then be, there to remain and be imprisoned for any time not exceeding seven days, unless he shall in the meantime consent to be examined and to answer concerning the premises. Witnesses who are prisoners, and '' habeas corpus." — The Criminal Procedure Act. ls.Vi ]i; & 17 Vict. c. 30), s. 9 (as repealed by the Prison Act, 1898 ((31 & 62 Vict. c. 41] ), enacts, "That it >hall be lawful for any judge of the Court of Queen's Bench or Common Pleas, or any baron of the Exchequer, in any case, where he may see fit to do so, upon application by affidavit, to issue a warrant or order under his hand for bringing up any prisoner or person confined in any gaol, prison, or place, under any sentence or under commitment for trial or otherwise (except under process in any civil action, suit, or proceeding), before any court, judge, justice, or other judicature, to be examined as a witness in any cause or matter, civil or criminal, depending, or to be inquired of, ox determined, in or before such court, judge, justice, or judicature ; and the person required by such warrant or order fco be so brought before such court, judge, justice, or other judicature, shall be so brought under the same care and custody, to be dealt with in like manner in all respects as a prisoner required by any writ of habeas corpus awarded by any of Her Majesty's superior courts of law at Westminster, to be brought before such court to be examined as a witness in any cause or matter depending before such court, is now bylaw required to be dealt with." Seealso61<& 62 Vict. c. 41, s. 11, post. In poor law proceedings. — With regard to the examining of witnesses in proceedings to be bad before justicesin petty or special sessions, or out of sessions, under the provisions of the Pooi Law- Arts, see the Poor Law Amendment Act, 1844 7 & 8 Vict. c. 101), s. To. See R. v. Orion, 7 (J. B. 120. Infirm witnesses. — Where an infirm witness is unable to attend on a Crown < Iffice subpoena and give evidence on a matter at petty sessions, there is no power in the superior courts to issue an order to a justice of the peace residing near to take the examination of 40 The Summary Jurisdiction Act, 1848. Note an infir m witness unable to attend on a Crown Office subpoena. to Ex parte Kimbolton, 25 J. P. 759. Sect. 7. v justice bas no power under the Criminal Law Amendment ' Act, 1867 (30 & 31 Vict. c. 35), s. 6, to take the deposition of a witness dangerously ill and not likely to recover, and to make the -;ime evidence after the death of such witness in respect of any but indictable offences. See section 18 of 11 & 12 Vict. c. 42. Production of documents. — A justice also has no power to compel a witness to produce documents ; the proper course is t< > serve a Crown Office subpoena duces tecum. Expenses of witness. — A witness is entitled by this section to the tender of a reasonable sum for his costs and expenses ; no scale under this Act has been issued, but it is usual for justices to adopt that under the order of the Secretary of State of 9th February, 1858, and 14th February, 1863, post. Unwilling witness. — It is to be observed that the power given by this section to deal with an unwilling witness is limited to those witnesses who appear in accordance with process issued under the provisions of this section. See 11. v. Flu nil, 14 Q. 13. 1). 364; 49 J. P. 406; 52 L. T. 133; 33 W. E. 343. In "Stone's Justices' Manual" (31st ed., p. 41), by Mr. Kennett, a doubt is expressed whether a justice has power to summon an unwilling prosecutor or complainant, or whether the power is limited to the summoning of persons who can give evidence for him. Prosecutors in assault. — In Reg. v. Deny, 2 L. M. i\: P. 230 ; 15 Jur. 227 ; 20 L. J. M. C. 189 (see also 11. v. Soper, 3 B. & I . 857), it was decided that an informant who laid an information for an assault, and prayed that the person charged might I" bound over to keep the peace, hail a light to protest against the justices adjudi- cating, and that the justices had no jurisdiction to summarily convict of assault against the will of the informant, as the repealed statute 9 Geo. 4. c. 31, s. 27. provided that the justices have no jurisdiction to convict of an assault unless the party aggrieved complain of such assault before them. Ekle, J., in this case, said, "Where the partydoes not intend to give the magistrates jurisdiction to deal with the assault, the magistrates have no jurisdiction to convict Bummarily; if the matter be Left open to doubt, every intendnient must be made in favour of the magistrates. But here all doubt must have been removed by the applicant protesting against their deciding on the assault. 1 can well understand that the magistrates were anxious to put an end to tin/ matter between the parties by a summary conviction." But in Ex parte Bryant, 27 J. 1'. 277, it was decided that on the issuing of a summons for an assault the jurisdiction of thejustices attaches, and " we think that they may insist on exercising that jurisdiction even against the will of the complainant, and such imwiuiiiiriicss will not render the complainant's evidence any the leas 'evidence on behalf of the complainant" 1 (see 35 J. P. 190, Treat.), and consequently subject him to the power of courts of summary jurisdiction to compel his appearance as a witness. 11 .<• 12 Vict c. 4\S, 8. 7. 41 It will be noticed that in Ex parte Bryant the application was Note for a summons, l>ut in /•'. v. Deny for sureties. to It must be borne in mind thai prosecutors are in reality merely Sect. 7. witnesses on behalf of the Crown, and justices may consider it inadvisable in some cases that prosecutions should drop for want of tlic evidence of the actual complainant. Compromise of assault. — In " l'alev on Convictions" (7th ed., p. 55) it is laid down on the subject of compromising assaults, &c. : "If criminal proceedings have been commenced in respect of such injury, it is doubtful whether the prosecutor can legally enter into any compromise on the subject before conviction ; " and per Gibus, C.J. [Baker v. Townsend, 7 Taunton, 422) : " It is remark- able how very little authority can be found, rather amounting to dicta than decisions tor the principle, that any compromise of a misdemeanor or, indeed, of any public offence can be otherwise than illegal. It is said, indeed, in the case of assault, that he may also undertake not to prosecute on behalf of the public. It may be so; hut we are not disposed to extend this any farther. In the case before us the offence is an assault coupled with riot and the obstruction of a public officer. No case has said that it is lawful to compromise such an offence ; nor do we think that the assent of the judge is material." In In re Hawkins, 11 W. E. o94 ; 8 L. T. 242, it was held that when a complaint has been made to justices for an assault with a view to an adjudication thereon, they thereby gain jurisdiction to determine the case, and the party injured cannot afterwards by compromising the case take away that jurisdiction. In Nicholson v. Booth -, it was held that a court of summary jurisdiction has ao power to convict of a common assault unless the party aggrieved or some one on his behalf complains of the assault with a view to the adjudication of the court upon it. Cases of common assault stand on a somewhat peculiar footing because of the certificate of release from further proceedings pro- vided by the Offences against the Person Act. 1861 (24 & 25 Vict. c. 100), *s. 4:j. It seems, therefore, probable that prosecutors or complainants can be dealt with compulsorily under the powers of this section. As to witnesses in bastardy cases, see ll. v. Flu nil, 49 J. P. 406 \ <32 L. T. 133 ; and 14 Q. lb lb 324 ; 33 W. R. :J4.i. Defendant or wife or husband a competent witness. — By the Criminal Evidence Act, lsf»s (01 & 62 Vict. c. :5. 294; 30> W. P. 651 approving and following A'. \. Boyes, 1 P. >.V' S. ."ill), where the whole subject is fully discussed in the judgments of the Court of Appeal. In that case it was laid down that where a witness refuses to answer a question on the ground that his answei might tend to criminate himself, his mere statement of his belief that his answer will have that effect is not enough to excuse him from answering, hut the court must he satisfied from the circum- stances of the case and the nature of the evidence which the w LtneBS is called upon to give, that there is reasonable ground to apprehend danger to him from his being compelled to answer; but if it is once made to appear that the witness is in danger, great latitude should lie allowed to him in judging for himself of the effect of any par- ticular .[notion; subject, however, to that reservation, the judge is hound to insist on the witness answering, unless he is satisfied that the answer will tend to place him in peril. ( Ither instances in which a witness is entitled to refuse to answer are (l)a solicitor touching any communication between himself and his client in the course of his employment, except as to any communi- cations made in furtherance of any criminal purpose; see Folleti \ . Jeffreys, 1 Sim. (x.s.) 17: Charlton v. Voombes, 32 L. .1. Ch. 284; and //. \. Vox and Railton, 14 Q. B. D. L53; 54 L. J. M. C. 41; 49 J.P.374; 15 Cox C. C. 611; 33W.R. 396; 52L. T.25; in this last 11 d- 12 Vict. c. 43, .s. !». l:i case it was Laid down thai all comnmnications between a solicitor and Note his client are not privileged from disclosure, bui only those passing to between them in professional confidence and in the Legitimate course Se ct. 7. nf the professional employment of the solicitor. Stephen, J., in delivering the judgment of the court, said : "The question is whether if a client applies to a Legal adviser for advice intended to facilitate or guide the client in the commission of a crime or fraud, the Legal adviser being ignorant of the purpose for which his advice is wanted, the communication between the two is privileged. We are of opinion thai no such privilege exists." Any fact observed show- ing that any crime or fraud has been committed by his client, or any fact within his own knowledge which he was not made acquainted with by his client, are excepted from this privilege (Brown v. Foster, 1 II. Oc X. ~'. J >(> ; Ann's/,,/ y. Anglesea, IT St. Tri. L223; and Mind v. Morgan, I.. II. 8 Oh. Ap. :J(i'l). (2) Possibly a clergyman may Legally refuse to disclose professional ami confidential communications. See "ii this subject "Stephen's Digest of Law of Evidence" (4th ed.), pp. 132, >t .-<•/. 8. t 'omplaints not required to be in writing.] — And be it enacted, that in all cases of complaint upon which a justice or justices of the peace may make an order for the payment of money or otherwise, it shall not be necessary that such complaint shall be in writing, unless it shall be required to be so by some particular Act of parliament upon which such complaint shall be framed. See note to section 1, ante. 9. Variances between informations.] — And be it declared and enacted, that in all cases of informations for any offences or acts punishable upon summary conviction any variance between such information and the evidence adduced in support thereof as to the time at which such offence or act shall be alleged to have been committed shall not be deemed material, if it be proved that such information was in fact laid within the time limited by law for laying the same ; and any variance between such information and the evidence adduced in support thereof as to the parish or township in which the offence or act shall he alleged to have been committed shall not be deemed materia', provided that the offence or act be proved to have been com- mitted within the jurisdiction of the justice or justices by 44 The Summary Jurisdiction Act, 1848. Sect. 9. whom such information shall he heard and determined; and if any such variance, or any variance in any other respect between such information and the evidence adduced in support thereof, shall appear to the justice or justices present and acting at the hearing to be such that the party charged by such information has been thereby deceived or misled, it shall be lawful for such justice or justices upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit [10] the said defendant to the house of correction or other prison, lock-up house, or place of security, or to such other custody as the said justice or justices shall think fit, or to discharge him upon his entering into a recognizance [36], with or without surety or sureties, at the discretion of such justice or justices, conditioned for his appearance at the time and place to which such hearing shall be so adjourned. Information to be in writing. — This section deals exclusively with proceedings upon an information. It has been stated, ante, that though the S. J. Acts do not in terms require a vritten information from the fact of Form [1] of the Consolidated Fonns of 1886, and the provisions as to variance in section 1 of this Act, it is to he inferred that a written information was intended. See note to section 1, ante, and 11. v. Millard, ante. Some statutes, however, require the information to be in writing. See Basten v. ' ■■ to "time," Bee note to section 11, post. Sect. 9. Variance in time. --In the case of Onley v. Che, 1 I.. T. 338 : 7 Jur. 570; 25 J. P. 312: 30 L. J. M. ( '. 222 an example is to be found of variance between the time laid in the informatioD for tin' commission of the offence charged and that proved in evidence. A. was charged with keeping a betting-house <>n October 5th, and on divers days between that day and November 16th. Offence proved to have been committed on November Nth, and no prooi given of a similar offence on any other day. The conviction was affirmed. Recognizances may now he enforced by a court of summary jurisdiction. See S.'J. Act. L879, s. 9, post. Limitation. — As a general rule, the various statutes giving justices jurisdiction to ileal summarily with offence.-. &c., limit the time for laying information or complaint to six mouths from the commission or cause of complaint arising. There are, however. some exceptions to this rule, a list of which follows: — The Game Act, L831 (1 & 2 Will. -f. c. 32) (see sect, 41). AjssauIiT ox Special Constables. 1 & 2 "Will. 4, c. -41. s. 11 (The Special I lonstables Act, 1831). Bkead. (J & 7 Will. 4, c. 37 (The Bread Act. 1836) see sect. 31). Assault ox County Constables. 2 & 3 Vict. c. 03, s. 8 (The County Police Act. 1839) (see 1 & 2 Will. 4. c. 41. s. 15). County Constables Xeglectixg Duty. 2 & •'; Vict. c. 'x>. s. 12 (see 1 & 2 Will. 4. c. 41, >. 15). Hackney Carriages. 6 & 7 Vict. c. 86 The London Hackney ( 'arriages Act. 1S43) (see sect. 38). The Cruelty to Animals Act, 1849 12 & 13 Vict. c. 92) (see sect. 14). Volunteers. 26 & 27 Vict. c. <;."» see sect. 27). Vaccination. 30 & 31 Vict. c. 84 ; 31 ^ 35 Vict. c. 98 (see sect. 11). Adulteration of Seeds. 32 & 33 Vict, c. 112 (see sect. 7). Food and Drugs. 42 & 43 Vict. c. 30 (see sect. 10). Militia. 45 & 4(5 Vict. c. 4it (see sect. 43). Merchandise Marks. ■"><) & 51 Vict. c. 28 (see sect. 15). Factories, Workshops, and P>akeiiouses. :a & .:>.) Vict, c. 75 (see sect. 2!>). As to jurisdiction of justices, see note to section 6, ante. In the case of Charles \. 77m- Mortgagees of Plymouth Works, 60 L. J. M. C. 20; 55 J. F. 4(iit, it was held that the six months' limit prescribed by the S. J. Act. 1848, did not apply to disputes under the EMPLOYER8 AND WORKMEN ACT, 1875. In Radcliffe v. Bartholomew, 31 L. J. M. ('.33: [1893] 1 Q. B. 161, a case under 12 & 13 Vict, c 92, 3. 2 [Cruelty to Animals .[•■/, 1849), an offence was alleged to have been committed on the 30th of May, and a complaint was laid on the 30th of June, it was held that the information was laid in time. 46 The Summary Jurisdiction Act, 1848. Sect. 10. Complaints and informations not required to he on oath ' — Complaints, Ac, to oe for one matter only.'] — Every such complaint upon which a justice or justices of the peace is or are or shall be authorised by law to make an order, and that every information for any offence or act punishable upon summary conviction, unless some particular Act of parliament shall otherwise require, may respectively be made or laid without any oath or affirmation being- made of the truth thereof ; except in cases of informations where the justice or justices receiving- the same shall thereupon issue his or their warrant in the first instance to apprehend the defendant as aforesaid, and in every such case where the justice or justices shall issue his or their warrant in the first instance the matter of such information shall be substantiated by the oath or affirmation of the informant, or by some witness or witnesses on his behalf, before any such warrant shall be issued ; and every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint ; and every such information shall be for one offence only, and not for two or more offences ; and every such complaint or information may be laid or made by the complainant or informant in person, or by his counsel or attorney or other person authorised in that behalf. Complaints and informations. — It must be remembered that informations or complaints may bo laid and process issued upon them without being substantiated upon oath or affirmation, except in those cases where a warrant is issued in the first instance upon an information. See sections 2, 8, and !». : Ex parte Perham, 23 .1. P. 823; and Cohen v. Morgan, <> It. A: lb 8. "The description of the charge in the information musl include in express terms every ingredient required by the statute to constitute the offence; and a direci and positive charge must lie made against the defendant." /.'. v. Bradley, 10 Mod. 155. See section 1 and note thereto, and section !'. "/• B. 519; 56 J. P. to 712; sT. L. R. 713; 61 L. J. M. C. 181. s ^t. If the offence is one al common law, the information should ^ conclude, "against the peace, &c. ; " if one by statute, "against the form, &c." B. v. Wise, •') L. T. 410. Bat a wrong conclusion does not really affect the validity of the information. Castro v. B., 50 L. J. Q. B. 497; 29 W. 1!. 669; 6 App.Ca. 229; 44 L. T. :3o0 ; 4.3 J. P. 452; 14 Cox, 546, decided as to an indictment. The information should allege a previous conviction against the defendant, if the proceedings are for a subsequent offence, as some statutes provide a higher penalty for a second offence after a previous conviction. See e.g., Criminal Law Amendment Act, Ins.}, s. 13. Must charge one complaint only— Several acts but one offence. — The information and complaint must charge one offence or complaint only. See B. v. Cridland, 7 B. ^V l'>. 853; 3 Jur. 1213; 27 L. J. M. * '. 28; and Annakin v. Smith, 32 J. P. 759, where an information was held good which charged the defendant with forging, offering, and uttering a certificate under the repealed statute 29 & 30 Vict. e. 110, s. 10, as not involving two offences. A single information against a principal and an abettor is good, so also is one charging the commission of an offence on several days between given dates. Onley v. Gee, supra, p. 45. So also is an infor- mation charging the defendant with swearing several profane oaths on the same occasion. 1L v. Scott, 33 L. J. M. C. 15 ; 4B. &S. 368. And. similarly, a person can commit but one offence on the same day by exercising his ordinary calling on a Sunday, contrary to the Sunday Observance Act. 1(177 (29 Car. 2, e. 7). Where a statute or bye-law creates two distinct offences and provides the same penalty forboth.au information and conviction stating the offence in the alternative as contrary to the statute or bye-law are insufficient. Cotterill v. Lempriere, L. II. 24 Q,. 13. J). <5.'34 ; 59 L. J. M. C. 133; Creppsv. Burden, Cowp. 640; and I. Smith's L. C. (8th ed.), p. 711. Several convictions for selling pieces of had meat on the same day were held good in Be Hartley, :il L. J. M. C. 2:32, "each exposure of bad meat was a separate offence." See I-;,, parte /Ira/, L. R. :; Q. 13. I3S7 ; see also Stannanought, app., v. Hazeldine, reap., L. R. 4 ('. P. I). 1!»1 ; 4:3 J. P. ;3.">2; 40 L. T. 589; 48 P. J. M. I '. 59; 27 W. Pi. 620, which had reference to section 4 of the Ballot Act, 1872 (35 & 36 Vict. c. 33). Under the Prevention of Cruelty to Children Act, 1894(5*3 S 58 Vict. c. 41), s. Is. one information or summons may charge an offence in respect of two or more children, but the person charged shall not be liable to a separate penalty for each child unless upon separate informations, and by tin 1 same section the same informa- tion or summons may charge the offences of assault, ill-treatment, neglect, abandonment or exposure of chili hen together or separately, but when those offences are charged toe-ether the person charged shall not he liable for a separate penalty for each. 10. 48 The Sininnarii Jurisdiction Act, 1848. Note Information to charge one complaint only. — In Milnes v. to Bale, L. E. 10 C. P. J91 ; 44 L. J. C. P. 336; o3 L. T. 174; 23 Sect. "\\r # E. 660, it was held that where a person has been gnilty of several acts of bribery at a municipal election, he is liable to a penalty in respect of each such act of bribery. And the judgment of Lord Esher may be usefully quoted on this subject : " Various decisions were cited as authorities in favour of the contention that there can be only one penalty. If L understand the effect of these decisions rightly, in every case where it was held that there could only be one penalty in respect of several acts it was because all the acts only constituted one offence against which the penalty was enacted. The test, as it appears to me, rather is whether having charged the offence against which the penalty is enacted, you can prove it by giving in evidence several distinct acts committed by the person charged. It is not strictly accurate to speak of the penalties as cumulative in such a case as the present. The question is whether there is one or more offences, and if the offences are distinct, there is only one penalty for each offence. I cannot find that in any case in which each act done was a complete offence in itself, and in which it would be inadmissible to give in evidence other acts in proof of the committal of the same offence, it was held that several penalties could not be inflicted. In the case of B. v. Scott [ubi supra) the effect of the decision seems to me to be this : where several oaths are made use of on one occasion it is but one swearing, and consequently there is but one offence, and, therefore, only one penalty is incurred, though such penalty is cumulative, being at the rate of 2s. for each oath uttered; but if the same set of oaths were used on distinct occasions, though they all occurred on the same day. there would be several offences, and a penalty would be incurred for each distinct swearing. There is no decision that if a man swore at one time of the day, and at another person at another time of the day, he would not be liable to two penalties. It seems to me that in such a case he would be Liable to two penalties because there would be two offences. In Garrett v. Messenger, L. II. 2 C. 1'. 583, the offence charged was keeping open an unlicensed house. It is not keeping it open for an hour that is the offence, the offence is the keeping a house to be used as a house of entertainment without a license, which is a comprehensive offence to be proved by many acts. According to the case of Marks v. Benjamin, 5 M. & W. •"><>•'>, it is necessary in the case of a charge of this sort to give evidence of moi - e than having the house open for a short period or in a particular instance. In such a case the penalty cannot be imposed for each act because each act is not a separate offence. So in Pitcher v. Stafford, 1 1!. & S. 77."), the ground of the decision was that there was only one offence, \i/... Leaving a child unvaccinated for a certain period, and consequently there could be only one penalty. Again, in Crepps v. Burden [ubi supra) the offence contemplated was exercising the party's ordinary calling on a Sunday. It was not the doing of one isolated act that would he e\ idence of the committal of the offence. 11 ,(■ 12 Vict. c. 43, s. 10. 49 but several acts might be given in evidence to prove one offence. Note All these decisions are inapplicable to the present case, because t0 each act of bribery is a complete offence in itself." See Eddlestone Sect. v. Barnes, 1 Ex. Div. 67 : 45 L. J. ML C. 73; 34 L.T.497 ; seealsothe _j^ notes to section 5, ante. As to offences against children under the Prevention of Cruelty to Children Acts, see note to p. 17, ante. Form of information. — In Hamilton v. Walker, <>1 L. J. M. * '. 134 : 5(3 J. P. 583; [1892] 2 Q. 15. 25 ; 8 T. L. E. 531, the appellant was charged by two informations with two offences under sections .*i and 4 of the Indecent Advertisements Act, 1888, at the same time and place, the evidence being substantially the same in both cases. I 'pon the conclusion of the hearing of the first information, the justices reserved their decision until they had heard the charge con- tained in the second information, and having done so, proceeded to convict the appellant on both charges, and sentenced him to a separate term of imprisonment on each charge: — Held, that the convictions must be quashed, inasmuch as the justices should have disposed of the charge contained in the first information before proceeding to deal with that contained in the second information. In Reg. v. Fry and Others, Justices, and Stoker, 14 T. L. R. 445; 62 J. P. 457; 07 L. J. Q. B. 712, the applicant was charged before justices upon three informations with three separate offences under the Licensing Acts. The justices, after hearing the first charge, were in favour of a conviction, but decided to adjourn their decision and the consideration of the amount of the penalty until after the other charges were heard. The second and third charges were then heard and dismissed. The justices then announced their decision upon the first charge; and convicted the applicant and imposed a penalty. Upon an application for a certiorari to bring up the conviction that it might be ([Hashed, the justices made an affidavit setting out the above tacts, and stating that in adjudicating on each case, they applied to each the evidence given in reference to it and none other : — Held, that in these circumstances, as the justices had decided to convict \ipon the first charge before hearing the others, the only question left unsettled being the amount of the penalty, the conviction was right. By the Public Health Acts Amendment Act, 1890(53 & 54 Vict. e. 5!)), s. 8, "any information, complaint, warrant, or summons made or issued for the purposes of this Act, or of the Public Health Acts, may contain in the body thereof or in a schedule thereto several sums." The information should also state the day on which it is exhibited, and the time of commission of offence, as it will be a ion later that the information is the commencement of the prosecu- tion, and this becomes important in dealing witli offences, &c, which provide a limitation. It should state the place of exhibiting (/.'. v. Kit»;\ B. & C. 101, and /,'. v. Martin, 2 Q. B. 10.'37 ; fl< Peerless, 1 Q. B. L43). The name of the informer should also be mentioned (i?. v. Stone, 2 Ld. Raymond, 1545) ; and also the place where the alleged offence was committed (Kite's 1 'ase, 1 B. A: ( '. 101). Information should negative exceptions in statute. — Where the clause in the statute creating the offence provides an exception S.J.A. E 50 The Summary Jurisdiction Act, 1848 Note to the liability incurred by the person committing such offence, to such exception should be negatived. II. v. Clarke, 1 Cowp. 35; Sect. Cathcart \. Hardy, 2 Man. iV S. .3:14. As to negativing exceptions, ***■ see section 14. / ost, and cases there cited as to onus of proof. And although an information must, in order to give the magistrate jurisdiction, state an offence of •which he has right to take cog- nizance, it need not state evidence sufficient to support such charge, for it is the charge which gives the jurisdiction. R. v. Bolton, 1 Q. B. 66; 4 P. & D. GTS); and Gave v. Mountain, 1 M. & Gr. 261. Who is to lay the information. The complaint or information is to be laid by the complainant and informant in person, or by his counsel or attorney on his behalf. There are a few statutes which provide that the complaint is to be made by the persons named therein, such as the Offences against the Person Act. 1861 (124 & 2.3 Vict. c. 100), s. 42 ; the party aggrieved, or some one on his behalf. must complain in common assaults; under the 43rd section (that dealing with aggravated assaults) any person may complain. A court of summary jurisdiction has no powerto convict of a common assault, unless the party aggrieved or some one on his behalf com- plains of the assault with a view to the adjudication of the court upon it. Nicholson v. lU>t (I. 15. 653); under 35 & 36 Vict. cc. 70 and 77 (Mines Acts), by an inspector of mines or by any person with the consent of a Secretary of State. A vaccination officer is entitled to prosecute by the Eact of bis appointment without further authority. Brambh v. Lowe, 13 T. L.E. L63; 66 L.J.Q. B. 243. Xo prosecution or other proceeding shall be instituted for an offence against the Children's Dangerous Performances Act, L879, without consent in writing of chief officer of police of area where such offence is committed. 60 & 01 Vict. c. .32. As to proceedings under Public Health Act. 187 5, see section 2.3.'5. As to laying informations under the Sunday Observance Act. 1077 (20 ( !ar. 2, C. 7), and the Sunday < tbservat ion Prosecution Act, l s7 1 ;h & 35 Vict, c 87), see Thorpe v. Priestman, 66 L. .1. Q. B. 248. General rule. The general rule as to the person entitled to lay information before justices, is thus stated in " Paley on Convic- 10. 11 <£• 12 Vict. c. 43, s. 10. ."»1 tions'" (Ttli ed.), ]>. 77, "Generally any person may be informer Note but 8ometim.es the Btatute giving the penalty allows only particular to persons to inform. Jn some cases of injury to private property, Sect. where the penalty is intended as a compensation to the owner, and in which the dissent of the owner is essential to constitute the offence it is requisite that either the information should be laid on behalf of the owner, or some other proof of his dissent adduced along with the charge, although the statute itself may not profess in terms to make that a condition, for, unless it appears that the owner dissented from the act, it dues not amount to an offence." In some other cases the information need not be at the instance of the party aggrieved, though part of the penalty is payable to him as compensation. Tarry v. Newman [ubi supra). Exception as to public offences. — In Cole v. Coulton, 2!> L. J. M. C. 125; 2 E. & B. bU3 ; 6 Jur. fills, where a local Act directed penalties nol otherwise directed to be paid) to be awarded to thecorn- missioners under the Act, or the corporation of the town, according as the proceeding for the penalties was taken on behalf of one or other of such bodies, an information was laid before justices by the clerk to the commissioners under 10 it 1 1 Vict. c. 89, s. 3d (incor- porated into the local Act), against a man for allowing prostitutes to assemble in a licensed alehouse, but such information was laid without any authority from the commissioners. Jt was held by COCKBTTBN, <".J . "That it was competent to the respondent to lay an information >o long as he professed to be bound by the direction of the Act, on the principle that the recovery of the penalty was to enure to the benefit of the commissioners. The offence is one no? against an individual, but the matter is one of public policy: the genera] Act (10 & 11 Viet. c. 89' gives authority to anyone to prose- cute who shall choose to intervene. The case is very analogous to that of an informer, where half of the penalty goes to him and half to the ( Town : no authority is necessary to be shown from the < Town. There is a plain distinction between the case of an offence against public policy, and where the enactment is one for the protection of individuals." It may be mentioned here that a corporation cannol be common informer withoul express statutory authority. Shoreditch v. Franklin, 3 C. 1'. I >. ::77 ; 42 J. P. 727'. See also //. v . Hicks, 24 L. J. M. ( '. 94, which is an example of the class of enactments referred to in CocKBtmx, C.J.'s, judgment. The Torquay Market ililes the market company to erect a market place, and to take tolls and stallages from persons using the market. Section •'7iS, as to alternative remedies by information or action. Tarry v. Neivman (ubi supra), as to cumulative remedies. See as to com- pounding offences involving damages to injured party, Paley's "Summary Convictions" (7th ed.), p. oo. As to appearance by attorney, it may be mentioned that the defendant has no right to have the case adjourned for the attend- ance of an attorney to defend him (22. v. Cambridgeshire ■!■!., 44 J. P. 168, ami //. v. Biggins, •"> L. T. 005), but it is certainly advis- able in the interests of justice, that if a defendant makes a bona ficU application for an adjournment in order that he may be legally represented, to grant such an adjournment. 11. Li mi In fiim of 2Jro8ecutwn.'\ — In all cases where no time is already or shall hereafter be specially limited for making any such complaint or laying any such information in the Actor Acts of parliament relating to each particular case, such com- plaint shall he made and such information shall be laid within six calendar months from the time when the matter of such complaint or information respectively arose. Limitation. — The general rule is that in summary proceedings the information or complaint must be laid within six months from the day on which the matter of complaint arose or the offence was committed. A li.-t of exceptions to this general rule i- given "///'. p. -15. Poor rates. -It may be mentioned here that the provisions of this Act do not extend' to the recovery of poor rates. The matter was, however, left m some doubt till the decision in //. \. Price, »!i I.. .1. M. C. 19 : 42 L. T. 439; L. 1!. 5 Q. 15. I >. odd: 14 .1. P. 248 ; 28 W. 1!. 615 (following Stveetman \. Quest, '■'>, L. J. M. C. 59; 11 ,( 12 Vict. c. 43, s. 11. 53 18 L. T. 49; L. R. 3 Q. B. 262; 16 W. R. 420; Ex park May, Note 31 L. J. M. C. 161 ; and Somervilh \. Mirehouse, 1 B. & S. 652), to which decided that a justice of the peace sitting to issue a warrant Sect. of distress for the recovery of poor rates is not a court of summary *■*■ jurisdiction within the meaning of the S. J. Act, 1879, and the provisions contained in that statute in no way affect or apply to proceedings for the recovery of poor rates. As to a justice's power to state a case in a matter of a rate, see /,'. v. Lord Mayor of l.<>ii/ Brown, 52 J. P. 70; .17 L. T. (x.s.) 41)1. See also section 10 of the S. J. Act, 1KS4, which expressly excepts proceedings "for the non-payment of any poor rate, or of any rate or sum, the payment of which is not adjudged by the conviction or order of a court of summary jurisdiction " from its operation. Further, the levying of poor rates is regulated by an express statute. Church rates. — As to church rates which are enforced by order of justices, see Reg. v. -/•/. of Shr< wsbury, :;i D. T. 114; 22 J. P. 395. See also Backhouse v. Bishopioearmouth, 2~> J. P. 70. Poor law auditors. — The l'oor Paw Amendment Act. 1849 (12 & 13 Vict, c 103), s. 9. enacts "That nothing in the provisions of the said Act herein recited (i.e., 11 & 12 Vict. c. 43, s. 11) shall be deemed to apply to any such proceedings by any auditor under the Poor Law Amendment Act, 1S44 (7 & 8 Vict. c.'lOl), s. 32 but that no auditor shall commence any such proceeding after the lapse of nine calendar months from the disallowance or surcharge by such auditor, or, in the event of an application by way of appeal against the same to the Court of Queen's Bench or to the Poor Law Board, after the lapse of nine calendar months from the determination thereupon." Orders of removal. — In Collumpton v. Brighton, 3 L. T. 318; S. C. iion. Hill, app., Thorncroft, reap., 7 Jur. 103; 24 J. P. 741, it was held that this section applies to an order of justices made for the payment of expenses of the maintenance of a pauper under an order of removal, and therefore an application for an order to enforce them must be made within six calendar months of the time when demanded. An order for payment of such costs would not be a warrant or order of removal within the exemption in section ;j,j of 11 & 12 Vict, c 43. An Older for expenses of maintenance of a pauper under a suspended order of removal made under the Poor Removal Act, 179o (35 Geo. 3, c. 101), s. 2. within six months from the time when the expenses became payable is within the time limited by 11 & 12 Vict. c. 43, s. 11. Reg. v. Sculcoates, !) V,. & S. Oil. Vagrant Act. In Reeves \. Fates, 31 L. J. M. C. 241; 8 Jur. 7ol ; 1 II. & C. 435; 10 W. 11. 77!). it was held that to constitute the offence of desertion under the Vagrancy Act. 1824 (5 Geo. 4, c. 83), s. 4, there must be a chargeability of the wife or children consequent on the running away, and the offence is not completed until the chargeability. Therefore, if the information be laid within six months of the chargeability, it is sufficient under 11 & 12 Vict. c. 43, s. 11. 54 The Summary Jurisdiction Act, 1848. Note Compensation for damage. — An order of two justices under to 8 Vict, c. 18, awarding compensation for damage done to a land- Sect, owner by the construction of a railway, is within 11 & 12 Vict. "■ c. 43, s. 11. /!iy. \. Leeds mnl Bradford Rail 'way Company, 21 L. J. M. ('. 193; 16 Jur. 817; 16 J. P. 631 : 18 Q. B. 343. Lands Clauses and Railway Clauses Acts. — The adjudication of two justices under th<' Lands Clauses Act (8 & i' Vict. c. 18), s. 22, as to the value of an interest in lands required for the execu- tion of an undertaking within that Act in respect of which no agreement has been come to between the promoters and the party entitled to sell as to the value thereof, is not an order for the pay- ment of money within 11 & 12 Vict. c. 43, s. 11, and the summons to hear and determine such question of compensation is not out of time if issued after six months from the notice to treat given by the promoters of the undertaking. Reg. v. Hannay, 21 L. T. 702; 23 W. E. 164 ; 44 L. J. M. C. 27 ; and //. \ . Edwards, 13 Q. B. D. 586, overruling In re Edmundson, 17 (). s. 'is:;. Metropolis Building Act — Public Health Act. — By the repealed Metropolitan Building Act, ls.3o (IN & 19 Vict, c* 122), s. 73, all expenses incurred by the commissioners in respect of any dangerous structure shall be paid by the owner; and by section 103 all expenses to lie recovered in a summary manner may he recovered as directed by Jervis' Act. s. 11. The owner of a dangerous structure not having taken it down as required, the commissioners took it down: the expenses incurred were demanded of the owner and refused. A complaint was [aid for Q0n-paymen1 of the expenses within six months of the demand and refusal, but beyond six months of the completion of the works: — //t' complaint, &c., arose. All proceedings, therefore, under thai Act of parliament will now be in conformity with 1 1 & 12 Vict. c. 43. I Toceedings under the London Building Act, 189 t 57 & 58 Vict. c. ccxiii.), which have been delayed for more than six month- after 1st January, 1895 (the commence* ment of the Act), cannot be taken for the recovery of such penalties owingto the operation of section 11 of the S. J. Act, 1840. Reg. v. ( 'lm r and Another, 67 L. J. S: 4 2 Vict. c. 77). s. 23, but in Pool and Forden Highway Hoard v. Gunning, 51 L. J. M. C. 41); 46 L. T. 163; 31 W. E. 30; 46 J. P. 708, it was held that the six months within which summary pro- ceedings, under section 23 of the same Act, may be taken for recovery of expenses incurred by reason of damage to a highway from extraordinary traffic thereon are to be computed from the surveyor's certificate ; and Labahnondiert v. Addison, and Greece v. Hunt, were distinguished from this case, but itmay be noticed that White v. Colston was not cited. Metropolis Management Act, 1862. — In Brutton v. St. George's, Hanover Square, L. R. 13 Eq. 339; 41 L. J. Ch. 134; 25 L. T. 552; 20 W. E. N4 ; 36 J. P. 580, where proceedings were taken under the Metropolis Management Amendment Act. 1862, (25 & 26 Vict. c. 102). s. 75 [repealed), for infringing a building line, the six months under section 107 was held to begin to run from the time when the structure was so far advanced in construc- tion as to show the full extent of the projection complained of, and not from the completion of the building ; and see also London County Council v. Cross, .36 J. P. 550 ; 8 T. L. E. 537; 61 L. J. M. C. 160. The words "orders for the payment of money or otherwise," have been mentioned in note to section 1. ante. The cases there cited as to what orders are within these words will also show to what cases the limitation in this section will apply. In addition to the cases referred to, see Paddington v. Snow, 4"> L. T. 575. which follows Morant v. Taylor, ante, p. 15. Civil proceedings. — The commitment by two justices under the repealed statute 11 & 12 Vict. c. 63, b. 39 (now 38 & 39 Vict. c. 55, s. 196), of an overseer and collector of borough rates for non-delivery of a rate hook in his possession by virtue of his office of overseer and collector, is a civil and not a criminal proceeding, being in the nature of a distraint; and the limitation of six months in 11 & 12 Vict. C. 43, s. 11, therefore, does not apply. Semble, per I.rsn, J., such limitation will only apply where the object of the proceeding is punishment, and^not merely coercion. Meyer v. Harding, 17 L. T. 140; 31 J. P. <40; 9 a. & S. 27. 11 .( 12 Vict. c. 43, 8. 11. 57 The limitation in this section extends to county court proceedings Note where a statute authorises such proceedings alternatively with those t0 under this Act. Tottenham Local Board v. Rowell, 1 Ex. 1>. 514; Sect - in L. J. Q. B. 423 : 25 W. R. 135; 35 L. T. 887. An action in the ^ County Court under section 1 1 of the Public Health (London) Act, 1891 (.34 & .3.3 Vict. c. 76), for the recovery of costs and expenses incurred in obtaining a nuisance order and in carrying the order into effect, must he commenced within six calendar months from the time when the cause of action arose. Hammersmith Vestry v. Loivenfeld, <>() J. P. 600. Continuing offences. The limitation does not apply to con- tinuing offences. In Higgins v. Norfhwich Union, 22 L. T. 7.32; 34 J. P. 452, NO'!, where smoke was emitted from a chimney 80 as to be a nuisance, and an order was made on July 20th, 1868, that alterations should be made in such chimney to prevent the emission of smoke. On February -1th, 1869, smoke again issued. In July an information was laid for disobedience to the order of July, 1868. It was held the nuisance was a continuing one. and section 11 of 11 & 12 Vict. c. 43. did not apply. In Ulverstom Union Qvardians v. Park, .33 J. P. <)2!>, it was held that the limitation of time in this section was not applicable to a case of maintenance of bastard children under 43 Enz. c. 2. s. 7. 31 & 32 Vict. c. 22, s. 36, as such case was one of continuing liability. As to continuing offences in relation to cruelly to children see •37 iV. 58 Vict, c 41. s. In, sub--. ,j; and in relation to cases under the Summary Jurisdiction (Married Women) Act. 1895 (58 & -39 Vict. c. 39), see Heard \. Heard, 12 T. L. R. 386; 60 J. P. 426; and Ellis v. Ellis, 12 T. L. R. .314; 60 J. P. 823. A second conviction under the same order for the vaccination of a child is bad and the offence is not a continuing offence. 11. v. Portsmouth .1.1. . 56 J. P. 470; L. E. (1892) 1 Q. B. 4!>1 : HI L. J. M. C. 12(1; fib' L. T. fi77. In I!, v. < 'atJiolic Fire, &c, Insurant* Association, 47 J. P. 503; 4S L. T. <)7.3, where, under section 26 of the Companies Act, 1862, every company having its capital divided into shares shall, once a year at least, make a list of persons who are shareholders and send same to the Registrar, and by section 27. every company so making default shall incur a penalty of 51. for every day during which such default continues. The company made default in the years 1S77. and 1879- 1882. The summonses were taken out on February 15th, 1883, Eor several days' default in each year. It was held that it was a continuing offence, and the penalties could be recovered for defaults made in each year Eor a period extending over not more than six months in each year. See also I!, v. Waterhouse, 7 L. P. n. 1'.. .34.3; 41 L. J. M. C. 11.3: 26 L. T. 761 ; 20 W. Et. 712. And see the judgment of Williams. J., in Whitehouse v. Fellowes, 1<> C. B. (x.s.) at p. 782. See also Marshall v. Smith. L. P. 8 C. 1'. 416; 42 L. J. M. C. 108; 28L.T.538; 37 J. P. 471, where a local board of health made a bye-law directing the party wall of a house of more than one 58 The Summary Jurisdiction Act, 1848. Note storey to be of a certain thickness. A poison built a house not in to compliance with such bye-law. and was lined under the bye-law. Sect. Subsequently notice was given to him to make the walls of the !!• required thickness, and he not complying was again fined in a continuing penalty of 5s. a day: — Held, that the offence was complete on the first conviction, and the latter conviction was therefore bad. This case was followed in the case of Eeay, app., Mayor of Gateshead, resp., .">() J. P. 805; 55 L. T. 92, where, on December 18th, 1885, information was laid against the defendant for that he, on days between March Kith, 1885, and October, INN,"), had com- menced works not in conformity with bye-laws, and had erected and permitted the same to continue in spite ot written notice. The bye-laws provided for ~>l. penalty for constructing works contrary to them, and for a further sum of 40s. for each day during which they shall continue contrary to the bye-laws. The justices con- victed, and inflicted a penalty of .3/. and 5s. per diem from October 12th to December 11th. Written notice of objection was served on October 12th: — Held, first, the bye-law was bad as being ultra vires, because by section 115 of the Public Health Act, 1N75, the continuing penalty is to run from the date of written notice, and that proceedings were not taken in time and were consequently barred by section 11, because the original offence of commencing the work was not shown to have been committed within six months from the date of the information. The period of limitation in section 158 of the Public Health Act. Int."), applies only to a continuing offence. The considered judgments of the court in this case deal at length with the subject of continuing penalties. See also /,'. x. Slude, <>4 L. J. M. C. 232, where it was held that a penalty imposed for a continuing offence and assessed at so much per diem during the continuance of the offence cannot be made to extend tor a period exceeding six months from the time when the matter of complaint arose, and a conviction purporting on the face of it to impose such a penalty is bad as being contrary to the provisions of this section. In Rumhall v. Schmidt, 8 Q. 15. D. (>():> ; 46 L. T. 661 ; 30 W. E. 949; 4ii J. 1'. ."><;7. where a house (in contravention of 38 & 39 Vict, c. 55, s. 156) was brought forward beyond the line of the two adjoining bouses, and a penalty of 40s. for every day during which such offence shall continue after written notice was provided, it was held, distinguishing Marshall v. Smith, that an offence to which the penalty was applicable continued so lone- ils the addition to the house was maintained after such notice, notwithstanding that the addition to the house was completed before the notice was given. And see Metropolitan Board of Works v. Anthony, •"> 1 L.J. M. C. :;i» : :;:; \V. b'. L66; l!» J. P. 229. In Ulverstone Union v. Park, .")."> .1. I'. 629, it was held that the limitation of time in this section was not applicable to a summons tor maintenance of children, as that case was one ot a continuing liability. 11 ,(• 12 Vict. c. 43, s. 12. 59 An encroachment on a highway by the erection of a fence is not Note u continuing offence. Ranking \. Forbes, 'it J. 1'. 846, 513. to Desertion of a wife is a continuing course of conducl and entitles Sect. a wife to apply for an order in that court within whose jurisdiction "•■ she is living in a deserted condition, although that is not the place in which she was originally deserted. Brown v. Brown, 62 J. P. 711. Further as to continuing offences see A', v. Struv( and Others, Glamorganshire JJ., ■'>'■> -I. 1'. 584, and as to continuing offences under the Friendly Societies Art. 1896, see 59 & 60 Vict. c. 25, s. 86. Limitation of time for conviction. —The information inns' In' laid and the conviction must take place within a certain time from the commission of the offence. in " Paley on Convictions " (7th ed.), ]>. 58, it is said, ••where the proviso a- to the time runs, 'that the offence he prosecuted,' or that ' the party be prosecuted for the offence' within a stated time, it is sufficient that the information be laid, though the con- viction do not take place within that tune, the information being for that purpose the commencement of the prosecution. But if a statute authorises a conviction, 'provided such conviction he made within ( ) mouths after the offence committed,' (as the former Game Acts of 22 & 23 Car. 2, c. 2~> ; 5 Anne, c. 14, s. 1, now repealed), it is not enough that the information was within such period, but the conviction itself is void if not made within the limited time. And it makes no difference that it was prevented from being so by an adjournment at the instance of the defendant himself, for after the time has expired for making the conviction there is no authority existing for that purpose." See also Thames Conservators v. Ennis, 39 J. 1'. 186; and 11. v. Mainwaring, 27 L. J. M. C. 278 ; El. B. & El. 474. See also Morris v. Duncan, 62 J. 1'. 823 : 15 T. J,. 11. 8; (58 L.J. ("J. l'>. 41). which was a case Tinder the Salmon Fishery Acts. How time reckoned.- In computing the period of limitation, the day upon which the offence was committed or the complaint arose should he excluded. Higgins v. McAdam, '■> Y. & J. 116; Pellewy. East Wanford Inhabitants, 9 B. & C. 134; and Williams v. Burgess, \2 Ad. & E. <>'i,j. Sec also Radcliffe v. Bartholomew, 61 L. J. M. C. (53; [1893] 1 Q. B. 161. Time in Acts of parliament and legal instruments means in Great Britain Greenwich mean time, and in Ireland Dublin mean time, by virtue of 48 & 44 Vict. c. !>. Instances of the application of this statute would he the definition of night in relation to burglary in 24 & 2~> \ 'id. c. !»t>, s. 1 (The Larceny Act, 1861). "Month," meaning of.- -By ~>2 & 53 Vict. c. 63, s. 3, post, see Appendix, in every Act passed alter the year 1850, whether before or after the commencement of the said Act, the expression "month " shall mean "calendar month,*' unless the contrary intention appears. 12. ( institution of ( 'ourt and rights of parties lo counsel, §c.~\ — Eve>y such complaint and information shall be heard. 60 The Summary Jurisdiction. Act, 1848. Sect, tried, determined, and adjudged by one or two or more justice " or justices of the peace, as shall be directed by the Act of parliament upon which such complaint or information shall be framed, or such other Act or Acts of parliament as there may be in that behalf ; {and if there he no such direction in any such, Act of parliament, (hen such complaint or information may be heard, tried, determined, and adjudged by any one justice of the peace for the county, riding, division, liberty, city, borough, or place where the matter of suclt information shall hare arisen; (repealed by S. J. Act, 1884)] and the room or place in which such justice or justices shall sit to hear and try any such complaint or information shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them ; and the party against whom such complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf ; and every complainant or informant in any such case shall be at liberty to conduct such complaint or information respectively, and to have the witnesses examined and cross-examined by counsel or attorney on his behalf. Court of summary jurisdiction. — Two justices only axe necessary to constitute a court of summary jurisdiction to exercise the full powers given it by statute. One justice constitutes a court of summary jurisdiction under the S. J. Act, 1884, s. 7; but his power is limited, as will be seen on reference to sub-section (7) of section 20 of the S. J. Act, 1879, post. The words "heard, tried, determined, and adjudged" refer to the actual investigation of the facts, in order to iinally determine the matter, and do not include the ex parti application for the process. Adjournment. — It is not necessary that the same justice who issued the summons or warrant should iinally adjudicate (see section 1, ante) ; nor that if the case is adjourned that the justices adjourning it need continue the investigation (see section Hi, post); Lut on such adjournment, if before other justices, the evidence must lie repeated on oath. Judicial acts. The words " heard, tried, &c," clearly refer to judicial act- [see Qote(m), p. 2 of " Paley's Summary Convictions " (7th ed.). Open court. By section 20 of the S. ,]. Act, L879, post, "open court " means a petty sessional court-house <>v an occasional court- house as their defined. L2 11 ,( 12 Viet. c. 415, s. 12. 01 As t«i the right of the public to be present in a court, see Daubeny Note v. Cooper, 10 B. & C. 240. to A court of summary jurisdiction has power, at the request of Sect. either party, to order witnesses to leave the court, but the evidence of a witness is not to be rejected 1>\ reason of his disobedience to such order. Chandler v. Horn, 2 M. & 1!. 423. As to contempt of court, see an interesting article at 58 J. P. 830 and <>2 J. I'. <>27. Appearing by attorney, &c— -The Solicitors Act, 1N4:> (6 & 7 Vict. c. 73), s. 2, enact- that no person .-hall act as an attorney or solicitor before any justice or justices in any cause, matter, or suit, civil or criminal, unless he shall be admitted and enrolled and otherwise duly qualified to act as an attorney or solicitor pursuant to the directions and regulations of that Act, and unless he shall continue to be so duly qualified and on the roll at the time of his acting in such capacity. The Poor Law Amendment Act, 1844 i 7 & 8 Vict. c. 101), s. 68, and the Solicitors Act, lSIJO (23 & 24 Vict. c. 127}, s. :>:>, provide for clerks to boards of guardians acting as solicitors. The prosecutor has a right to examine and cross-examine witnesses on the hearing of the information. Duncan v. Toms, post, p. 7"). Informer prosecuting.- A person may be both advocate and witness in the same cause. Cobbett v. Hudson, 1 E. & B. 11 ; 22 L. J. Q. B. 11. See as to the conduct of a case by the complainant himself, Cobbett v. Hudson, quoted above ; and Newton v. Chaplin, 19 L. J. C. P. 374. SeeaJso R. v. Aves, 24 L. 'I'. . 383; 51 L. J. M. C. 1 : J 7 : 46 J. 1'. Hit: 30 W. R. 368, "in which R. v. Gibbon, 6Q. B. D. 168; ii«» W. R. 442, was disapproved: sed aliter, if the justice is connected with the prosecution. R. v. Milhdge, 1 Q. 1!. I>. 332; 48 L. J. M. C. 139; 40 L. T. 748; 27 W. It. 659; 43 J. 1'. 606; and /,'. v. Lee, L. R. 9 Q. B. D. 394; 47 J. 1'. lis; :>o \\ . 1!. 7">o. But see as to these last two cases. /,'. v. Huntingdon ■!■/., L. R. 1 (l B. 1>. 522; 4;j J. 1'. 7U7, where justices who were members of a town council, and a- such had taken an active ■ part in the making of an order under the Dogs Act, 1871 (34 & 35 Vict. c. 56), and who sat to hear complaint uf non-observance of 62 The Summary Jurisdiction Act, 1848. Sect. 12 Note the order, were held to have no such interest in the subject- to matter as to oust their jurisdiction; Dexman t , J., saying: "I cannot, however, see that because they were members of the town council they are not proper persons to hear, or not likely persons to give, an impartial decision as to whether or not the order has been disobeyed." Li R. v. Hammond, 9 L. T. 423 ; 27 J. P. 793 ; 12 W. R, 208, justices wh(i were shareholders in a railway company convicted a man of travelling on the railway with an improper ticket. Ihhl, that the fact of their being shareholders, however slight their interest might have been, disqualified them from so acting. Under the Railway Clauses Act (8 & 9 Vict. c. 20), s. 3, "justice" is defined as "justice of the peace for the county, &c," in which the matter requiring the cognizance of such justice shall arise, and who shall not be interested in the matter : — Held, that in pro- ceedings before such justice it is not necessary to negative the fact that he is interested, and the objection may be waived by the party against whom the interest is alleged to exist. Wakefield Local Board v. West Riding Railway Company, H 1!. & S. 794; 10 ('ox C. C. L62; 35 L. J. M. 0. 69; 12 Jur. 160; 13 L. T. 590; 14 W. R. 100; 30 J. P. 028. In an application for a rule to state a case in a rating matter, Cave, J., said, " the question that he is interested does not arise because it is ministerial and not judicial." Interest may be waived.- -But the objection that a justice who sits to adjudicate upon a summary conviction is interested is one which may be waived by the parties, and, if waived, the pro- ceedings are not void on the ground of such interest. Wakefield Local Board of Health v. West Riding and Grimsby Railway Company, 13 L. T. 590; 12 Jur. 100. A justice of the peace who is interested in a matter pending before the court of quarter sessions may not take part in the pro- ceedings unless all parties know that he is interested and consent, either tacitly or expressly, to his presence and interference. A'. \. Cheltenham Commissioners, 1 Q. 15. 467. In Wakefield Local Board, &c, supra, CorivBUKN, C.J., at p. 802 of B. & S., said : " Nothing is better settled than this, that a party aware of the objection of interest cannot take the chance of a decision in his fa\ our and after- wards raise the objection." See also H. v. Great Yam, null, ././., post. In II. v. London JJ., In (j. B. 421, it was held that the mere presence on the bench of an interested justice during part of the hearing of an appeal is not sufficient ground for setting aside the order made if it be expressly shown that he took no part in the hearing, and did not in any way influence the decision. The case of R. v. St. Albans {Bishop), i> Q. B. 1). 451 ; 40 L. T. 692; 47 .1. 1'. 08, may also be referred to. Sec also I!. \. Brackenridge, 48 J. P. 293, where a clerk to the justices acted as solicitor for one of the parties on a prosecution before his own bench of justices, it was held that such an interest in the clerk does not affect the jurisdiction of the bench. 11 d 12 Vict. c. 43, s. 12. 63 Bias of justices. -Though any pecuniary interest, however Note small, in the subject-matter disqualifies a justice Erom acting in a to judicial inquiry, yet the mere possibility of bias in favour of one Sect - of the parties does not ipso facto avoid the justices' decision; in *2. order to have thai effect the bias must be shown, at Least, to be real. Reg. v. Rand, L. EL 1 <>. B. 230. At the healing of an appeal against an order of removal one of the justices present was a ratepayer in tin- appellant parish. Hi- presence was i bjected to by the appellants, whereupon the chairman stated that In' would take no part in the decision of the appeal. He, however, i « »int •*< 1 out documents and made observations to the chairman, but took no part in tin- ultimate decision: -Held, that hi- presence vitiated the order. I!, v. Suffolk ■/■/., 21 L. J. M. I '. 169; is <». B. 416; Hi Jur. 4 The Summary Jurisdiction Act, 1848. Note of a highway must be quashed as the justice was disqualified from to Bitting to hear the summons, not only on account of the part he Sect, had previously taken at a vestry meeting, where he had proposed 12. a resolution as to the removal of the alleged nuisance, but also because he was pecuniarily interested as a ratepayer in the result of the order. In A', v. Deal, 45 L. T. 4:39 : 30 W. E. 154; 46 J. P. 71, the applicant had been convicted and fined for cruelty upon the prose- cution of the Society tor the Prevention of Cruelly to Animals. Some of the justices who took part in the conviction were sub- scribers to the society, but such subscribers had no authority over nor responsibility for any prosecution, and the society never received any part of the penalties imposed: — Held, that there was nothing to create a real bias in the minds of the convicting justices. In B. v. Tooke, 32 W. R. 753 ; 48 J. P. 661, it was held that the mere fact of a subpoena having been served on a magistrate to give evidence in a particular case does not disqualify him from sitting as a magistrate in the hearing and adjudication of such case. In II. v. Allen, 33 L. J. M. I '. 98, justices who heard and adju- dicated upon a summons under the Salmon Fisheries Act were held' disqualified on the ground of interest, they being also members of an association for the protection of salmon, the agents of which instituted and conducted the prosecution. See also E. v. Alcock, Ex port.' Chilton, VI J. 1'. oil; 37 L. T. 829; and A', v. Powell, 48 J. P. 741, where it was held to be insufficient to quash proceed- ings on the ground of bias, that the justices who convicted members of the Salvation Army for playing music in the streets had attended a meeting of justices convened by the superintendent of police previous to the issue of the summons. A justice of the peace was held not to be disqualified from granting a grocer's licence because he had previously signed a petition in favour of granting such licence. /.'. v. Taylor n a charge againsl an unqualified pilot for assuming or continuing in charge of a ship after a qualified pilot has off ered to take charge of her. a justice, being himself a qualified pilot, is disqualified by interest from taking part in the hearing and determination of the case. A', v. Huggins, Ex />n the bench during the hearing of proceedings taken by the hoard tor polluting the water nt ;i river, although he took no part in the hearing, or decision, the court saying, " We cannot enter into the question whether the justice -at as a mere ornamental personage; there was no direct personal pecuniary interest, hut there was unmistakable bias, and the justice was really sitting in a case in which he was interested." See also the Municipal Corporations Act, 1882, s. 158, sub-s. 2. Statutory disqualification. — A- to the disqualification of justices in certain cases, see also the Licensing Act, lsTli (35 & •'!<> Vict. c. 94, -. 60), the Factory and Workshops Act, 1878, s. 89, and •■1'aleyon Convictions" 7th ed.), p. 52, where several other Act- containing similar provisions are mentioned. See also, on disquali- fication of justices on tie- ground of interest, &c, " Archbold's Quarter Sessions " (5th ed.), by Sir Sherston Baker. Ouster of jurisdiction and claim of right. — When property or title is substantially the matter in question in cases before magistrates, the jurisdiction of justices to hear and determine in a summary manner is ousted, and their hands are tied from inter- fering, though the fact- he such as they ha\e otherwise authority to take cognizance of (see Paley, 7th ed., p. 145). This principle i> implied in the construing of all penal statutes, and in some statutes is specially mentioned. Ouster in Assault.-- See the Offences againsl the Person Act. L861 '-'1 & 25 Vict. <■. 100), s. 46, and //. \. Pearson, L. H. •"> <>. B. 237; 39 I... I. M. C. 76; --"J L. T. 126; where it was held thai the power given to justices by "J I & 25 Vict. c. 100, s. 42, of sxunmarily convicting of assault and battery is ousted 1>\ section 46 where any question as to the title of land arises, and they cannot in such cases convict the defendant of usiBg more violence than was accessary. 11 ,i 12 Vict. c. 43, g. 12. 67 See Usher v. Luxmore, ">4 J. 1'. 405; and also Scott v. Baring, Note iil I,. .1. M. C. 200. to Ouster must be in assault a question as to title to land and Sect - bona, fides a question for justices. — The question as to property **• which will oust th^ jurisdiction of justices to determine an assault under section 42 must be a question as to real property. Where two persons, who were gamekeepers in the employ of a Landlord of a farm to whom tlm right to game ami rabbits was reserved, were charged before the justices by the tenant of such farm, under section 42. with assaulting him, and the assault complained of occurred in a scuffle to take from tin' tenant, whilst on his farm, his bag containing rabbits, claimed as landlord's property : Held, that tho fact that the justices were of opinion that the gamekeepers acted under a /»>,,,; fide belief that they hail a right to do the acts Complained of did not oust the jurisdiction of the justice-, no question having arisen as to title or as to any interest in land within the meaning of section 46. White \ . Fox, 49 L. J. M. < '. fio; 44 J. P. 618. Sc also 24 & 25 Vict. c. 97, s. 52 (The Malicious Damage Act, 1861), and 6 & 7 Vict. c. 30 'The Pound Breach Act. 1843). Sc also //. n. Cridland, 7 Ell. & B. 853; 3 Jur. 1213; ii7 L. J. M. < '. 28, where on the hearing of an information under the Game Act. 1831 [1 & 2 Will. 4, c. 32, s. 30), the defendant bona fide claimed a right to enter the land under an authority from S., the alleged owner of the land, and asked for an adjournment, as they were not then prepared with evidence, which was refused. Semble, that this was such a bond fide claim of right a- to oust the justices' jurisdiction, Lord Campbell saying, "No evidence was offered, hut a bond fill'' claim was made : and where such a claim is put forward 1 think the magistrates have no jurisdiction, and ought not to convict." And in Legg v. Pardoe, 30 L. J. M. < '. 108; 9 0. B. x.s. 289; 7 Jur. 499; 3 L. T. 371, under the same statute it was held to be a question for justices to determine whether the question of title was bond fide raised. " The facts tending to raise a question of title are extremely scanty: still, it i- a matter which the justices had to determine." Sec also Lovesay v. Stallard, 38 J. P. 391. Vagueness of claim of right. See Leatt v. Vine, oil L. J. M. < '. 'J < > 7 . where a mere assertion of a general right in the defendant and every one else to go upon land in the daytime in pursuil of game, although the defendant really believed lie had such right, bu1 did not show any such claim of right a- would he a defence to an action of trespass, did nol oust the jurisdiction of the justices to convicl under the Game Act above mentioned. •• lie may have believed that he had a right b< cause he and many others had for years shot over the land in question ; hut I am disposed to think that the mere belief that he had a righl i> aol sufficient, under the terms of the Act now in question, to oust the jurisdiction of the justices. At all events, that was a point for the magistrates in the fh-t instance to determine, and unless they would appear to be clearly wrong, 1 do not think that this court ought to interfere with the exercise of F 2 The Summary Jurisdiction Act, 1848. their discretion. The claim <>f right is so vague that the magis- trates might well think that there was no legal ground upon which it could be entertained so as to warrant their considering it bond fide in such a sense as to oust their jurisdiction." Per YVkmitmax, J. Defendant must not set up "jus tertii." — See Cornwellv. Saunders, 32 L. J. M. C. 6; 7 I..T. 356; 9 Jur.540; 11 W. E. 87; where it was held that, for the defendant to dispute the title of those alleged in the information to be in occupation of the land in question, was not sufficient to oust the justices' jurisdiction. In order to do that lie must make out a bond fide claim of title on behalf of himself, or of those under whom he claims. Cock- BTJKN, < '. J. : " 1 have a very strong opinion that the doctrine as to the jurisdiction of the justices being ousted by a claim of right applies only to a claim of right alleged by the defendant as a part of his case which he comes before the justices to set up. If he htnu'i fi'lt- raises a question of title in himself, the justices have no longer any jurisdiction to go on with the hearing ; hut there must he some show of reason in the claim, and it is not sufficient unless he satisfy the justices that there is some reasonable ground for his assertion' of title." See also PhUlpot v. Bugler, .">4 J. 1'. 640. In cases of summary conviction for trespass in pursuit of game, justices have jurisdiction to determine whether a claim is bond fide set up: if it is, they have no jurisdiction to proceed further in the matter. Penwarden v. Palmer, 10 T. L. B. 1302. Bona fides. See further on bond fides in a question of title, and what is sufficient evidence from which to infer bond fides, I!, v. Stimpson, 32 L. J. M. C. 208 ; 8 L. T. 53(5. As to right of iishing in a tidal river. Hudson \. McMae, 33 L. .1. M. < '. 65; 9 L. T. 68. As to a bond fide claim of a right which is non-existent in law— a claim as one of the public to fish in a non-navigahle river. Re Brancaster Fishery, 39 J. 1'. 372; Mussettv. Burch, 40 J. P. 758; :io L. T. 4N0; and Hargreaves v. Diddams, 10 L. E. Q. B. 582; 44 P. J. M. C. ITS ; 32 L. T. 000 ; 23 W. E. 828. Right to presence in court of justice. — In A', v. Eardley, 40 J. P. 551, it was held that a person making a bond fide claim of right to he present in a court of justice as one of the public during the hearing of a suit is not justified in assaulting an officer who endeavoured to remove him, and such a claim of right does not oust the jurisdiction of a magistrate trying the assault, and he may refuse to allow evidence and cross-examination in respect of such claim. Rights non-existent in law. — Tn R. v. Briggs, 4 7 .1. P. 615, 1'. was summoned for assaulting a county court bailiff. It was held that the justices could not decline jurisdiction on the ground that a question might arise as to execution under process of a court of justice. The proviso in 24 & 2."» Vict, c 07, B. 2, providing that QO person shall he summarily convicted for trespass to real property when •• he acted under a fair and reasonable supposition that he had the right to do the acts complained of," will not oust the justices' 11 ,i 12 Vict. c. 18, s. 12. 69 jurisdiction unless the right claimed is Legally possible. ft. v. FTerf- Note • •/./.. 15 W. R. 59. " The right to cut sod- in a graveyard for to the purpose of covering newly made graves is not such a right, and s ^t. although a custom to cut sods is .-hewn to exist it will not confer any such right. ft. v. Huntsworth, 33 L. J. M. C. 131 : 10 L. T. 374 ; in Jur. 945, where it was hold 'on the hearing of a summons to enforce payment oi a church rate' that, although the justices are the proper tribunal to decide upon the bond fides of the defendant's objection, they cannot, by deciding contrary to the facts that if is not bond fide, give themselves jurisdiction to hear and determine, and the I ourt of Queen's Bench will review their decision upon this question. See ft. v. Nunneley, 22 J. P. 431 : E. B. & E. 852; 27 L. J. M. C. 260. It was held to be no proof of the bond fides of a claim that several other persons, other than the defendant, had committed several similar trespasses, using the same colour of right, ft. \. Dodson, 9 A. & E. TiM: ft. \. Wrottesley, 1 V>- & Ad. 648. And where the claim of right is obviously groundless and fictitious, it need not he regarded, ft. v. Justices of Richmond, Surrey, 24 J. P. 42-J : ft. \. . -.'7 J. P. 134; 11 W. R. 134. In 117, /- \. Feast, 7 L. R. Q. 11. 353; 41 I.. J. M. C. 81 ; 26 L.T. (ill ; 20 W. R. 382, sub nam. Reg. v. Norfolk •/•/.. W. wasemployed by an owner of real property to enter upon the land of V. and cut a ditch therein to carry off the surface water, W.'s employer con- tending that he had a prescriptive right to such an easement, W. being convicted under 24 & 25 Vict. c. 97, s. 52, of wilful damage to real property : — Held, that the justices not having found that W.'s employer acted under a fair and reasonable supposition that he had a right to send men to cnt a ditch through l-'.'s private pro- perty, W. could not 1»' in abetter position than his employer, and the com iction « as right. Claim under lease. — A bond fide claim under a lease to land which, after Beveral years' user, was found not to be included in the land demised through an alleged mistake in a plan, was not sufficient to oust jurisdiction. Watkina v. Smith, 26 W. R. 692; 38 L. T. 525; 12 •!. P. 168. In ft. v. Kayley, 10 L.T. 339, an information was hud against K. for trespass in pursuit of game. At the hearing he gave in evidence a Lease for 99 years to a person through whom he claimed, the lessor being the party through whom the informant claimed the game. The lease reserved to the Lessor " the liberty to hunt, hawk, and fowl in and upon the demised premises during period of lease." K. set up his title through tile Lessee to take the game, and so de- puted the jurisdiction of the justices. Theyheld the claim of right was not sufficient, and convicted : — Held, that the objection was reasonable, and their jurisdiction consequently ousted. In ft. v. Critchlow, 26 W. R. 681, a trespasser in search of game set up as a defence under tile Game Ait, 1831 (1 & '-' "Will. 4, c. •';•_' , s. -in, the leave and licence of the occupier under a parole lease. The occupier denied that the game was reserved ; evidence 70 The Summary Jurisdiction Act, 1848. Note was given to show that it was: -Iltld, that the defence was not to bona fide, and therefore the jurisdiction of the justices was not Sect, ousted.. 12. Mere bond fid\ belief in a right, founded on payment for the game, but upon an invalid agreement, is not sufficient to oust the justices' jurisdiction in an information under the (iame Act, 1830. See liirnu v. Marshall, 41 J. 1'. 22; 35 L. T. 373; and, on appeal on another point, 40 L. J. M. C. (J, where it was held that produc- tion <>t' a draft Lease from the lord of manor of the shooting over glebe land, without evidence of the right to include the glebe in the Lease, was held insufficient. And Brigstock \ . Raynor, 40 J. P. 24">, and Newcombe v. Frewins, 41 J. P. .3*1, may also be referred to. A mere claim by a man of a right as one of the public to fish, supported by very slight evidence, is not such a reasonable claim of righl as will oust the jurisdiction of the justices. Reea v. Miller, 8 Q. 15. 1). 626; 51 L. J. M. C. 64 ; 47 J. P. 37. Justice to judge of truth of evidence of claim. — Justices, on a claim of right being raised before them, are to judge of the truth of the evidence relating to such claim of right, and if they disbelieve it on reasonable grounds they have jurisdiction to deal with the matter of the information. Reevt v. Stoneham, 43 J. 1*. 732. In Watkins v. Major, L. E. IOC. P. 662 ; 33 L. T. 352.; 24 W. R. 164 ; 44 L. J. U. 0. 164, it was held that a bona fide claim of right under ordinary circumstances suffices to render a conviction by justices for any criminal offence improper; for they cannot try the existence of a right Ixiua fidt set up in answer to a criminal charge made before them. But although where there must be a mens rea to constitute an offence, an honest claim of right, however absurd, will frustrate a summary conviction ; yet, where the absence of mens rea is not necessarily a defence, the person who set up a claim of right must show some ground for its assertion, and if he fails to do so is liable to be convicted of the offence charged against him. Where "mens rea" necessary absurd claim sufficient. — It was further held in the above case that under the (iame Acts mens rea was not necessary to constitute an offence. See as to this Monica v. Porter, 7 ( '. B. 641 ; 29 L. J. M. ( !. 21:!; Adams v. Masters, 24 L.T.502; and /,'. \. Derbyshire J J., 11 W. It. 780; and 1L v. Latimer, 51 J. P. L84. Justices may decide questions of title by statute. In some cases statutes expressly contemplate the decision of questions by justices relating to title. See //. v. )'in i< >n the case of Williams v. Adams, 'J I'.. & S. :I12; Note ;i L. J. M. C. 109, decides the matter. In that case the charge t0 was of obstructing a highway, and the defendants set up thai there Sect - was no highway at the place in question, but a private way. The *• court, however, held that because the statute required th< • justices to say whether there was a highway they could not decline juris- diction. The justices may decide whether there was a street at the place in question, although in so doing they were obliged to consider whether the land was White's." See also J!, v. TAanfillo JJ., 15 L. T. I'TT, where the justices had to inquire under 59 Geo. 3, c. 12. s. 24 (The Poor Relief Act, 1819), whether a person had unlawfully intruded himself into a certain tenement belonging to the parish for the use of the poor, and the defendant disputed the title of the parish officers, it was held that as the question of title was, ex necessitate, involved in tip- matter which the justices had to determine, their jurisdiction was not ousted. (The same case is cited as /•,'./• jxirte Faughan, in L. E. 2 Q. B. 114; 36 L. J. M. C. 17; 15 W. E. 189; 15 L. T. 277; 7 B. & S. 902.) In proceedings under the Lands Clauses Consolidation Acts, justices have jurisdiction to determine disputed compensation. Under the Metropolitan Police < !ourts Act, 1839 (2 & 3 Vict. c. 71), s. 40, a magistrate may inquire into the title of goods unlawfully detained, and also under the Distress for llent Act, 17:>7 (11 Geo. 2, c. 19), as to fraudulent removal of goods, justices may inquire into matters of title. 13. Procedure in case of absence of complainant or defendant.^ — If at the day and place appointed in and by the summons aforesaid for hearing and determining- such complaint or information the defendant against whom the same shall have been made or laid shall not appear when called, the constable or other person who shall have served him with the summons in that behalf shall then declare upon oath in what manner he served the said summons ; and if it appear to the satisfaction of any justice or justices that he duly served the said summons, in that case such justice or justices may proceed to hear and determine the case in the absence of such defendant, or the said justice or justices, upon the non-appearance of such defendant as aforesaid, may, if he or they think lit, issue his or their warrant in manner hereinbefore directed, and shall adjourn the healing of the said complaint or information until the said defendant shall be apprehended ; and when such defendant rl The Swntmary Jurisdiction Act, 1848. Sect. s ] ia n afterwards be apprehended under such warrant he shall be '. brought before the same jusfciceor justices, or some other justice or justices of the same county, riding, division, liberty, city, borough, or place, who shall thereupon, either by his or their warrant [10], commit such defendant to the house of correction or other prison, lock-up house, or place of security, or if he or they think fit, verbally, to the custody of the constable or other person who shall have apprehended him, or to such ether safe custody as he or they shall deem fit, and order the said defendant to be brought up at a certain time and place before such justice or justices of the peace as shall then be there, of which said order the complainant: or informant shall have due notice : or if upon the day and at the place so appointed as aforesaid such defendant shall attend voluntarily in obedience to the summons in that behalf served upon him, or shall be brought before the said justice or justices by virtue of any war- rant, then, if the complainant or informant, having had such notice as aforesaid, do not appear, by himself, his counsel or attorney, the said justice or justices shall dismiss such com- plaint or information, unless for some reason he or they shall think proper to adjourn the hearing of the same until some other day, upon such terms as he or they shall think tit, in which case such justice or justices may commit [10] the defendant in the meantime to the house of correction or other prison, lock-up house, or place of security, or to such other custody as such justice or justices shall think fit. or may dis- charge him upon his entering into a recognizance [36], with or without surety or sureties, at the discretion of such justice or justices conditioned for his appearance at the time and place to which such hearing shall !»• so adjourned : . . . but if both parties appear, either personally or by their respective counsel or attorneys, before the justice or justices who are to hear and determine such complaint or information, then the said justice or justices shall proceed to hear and determine the same. Ajjpearance upon illegal process cures irregularity. — It may !»■ noticed here that the jurisdiction of justices is founded upon 11 ,f 12 Vict, c 48, s. 14. 7:; information or complaint, but the omission to properly lay such Note information or complainl does not in any way invalidate the pro- t0 ceedings before the justices, it the defendant be present and waives Sect. the irregularity in the preliminary process in the absence of any 13 - special statutory requirement of an information. S< -< note to section L. ante. 'Seei?. v. Millard, 22 L. J. M. C. 108 ; and! Dears. < . C. L16, where it was beld that there need not be an information upon oath to give the magistrate jurisdiction to bear the case when ;i party charged with an offence appears before him; and II. \ . Hughes, I Q. B. I '. 614 : 48 L. J. M. C. 151 : 43 J. 1'. 556; 40 L. T. 685, where S. was arrested ami brought before the justices on "as illegal a warrant as ever was issued, a warrant signed by a magistrate not only without any written information or oath to justify it, 1 nit without any information at all," who having beard the charge ami taken evidence in support "1 it, convicted him without any objection having been taken by S. to the justices' jurisdiction. II., a witness before the justices, was afterwards indicted tor perjury, and the jurisdiction of the justices to hear under the circum- stances the charge against S. was questioned. It was held that the charge having been made in the presence of S.. without any objection on his part, that it was immaterial so far as the jurisdic- tion of the justices to hear the charge was concerned, whether the accused was before them voluntarily orotherwise,legally or illegally, and that, therefore, II. was rightly convicted of perjury. See also />,'•-<>,, \. Welh, 'n,t>, ]i. ]'■',, and /.'. \. Shatv, ante, p. 12. See also Gray v. Commissioners of Customs, 48 J. I'. 343, where ( t.. licensed to -ell tobacco in his house in the city of X.. was found hawking and selling at a public house in the county di\ ision of '1'., four miles distant, and was arrested and conveyed before justicesat N. next day, but as no justices were then sitting, he was, on his own recognizances, remitted to justices who sat in T. seven days after the offence, and was there convicted. & i> Vict. c. !>:; The Tobacco Act. 1842), s. [3; - Held, that whether (i. was illegally arrested or detained or not, the justices of T. having jurisdiction, and he being charged before them, the conviction w as valid. The words " having hail such notice a- aforesaid" in this section only apply to those cases in which, on the non-appearance of the defendant to the summons, the justices have issued a warrant, and adjourned the hearing until the defendant shall he apprehended. 14. Proceedings at //><■ hearing.'] — Where such defendant shall be present at such hearing the substance of the infor- mation or complaint shall be stated to him, and he shall be asked if he have any cause to show why lie should not lie convicted, or why an order should not be made against him, as the case may '4 The Summary Jurisdiction Act, 1848. Sect. be. and if he thereupon admit the truth of such information or '_ complaint, and show no cause or no sufficient cause why he should not be convicted, or why an order should not be made against him, as the case may be, then the justice or justices present at the said bearing shall convict him or make an order against him accordingly : but if he do not admit the truth of such information or complaint as aforesaid, then the said justice or justices shall proceed to hear the prosecutor or com- plainant, and such witnesses as he may examine and such other evidence as he may adduce, in support of his information or complaint respectively, and also to hear the defendant and such witnesses as he may examine and such other evidence as he may adduce in his defence, and also to hear such witnesses as the prosecutor or complainant may examine in reply, if such defendant shall have examined any witnesses or given any evidence other than as to his (the defendant's) general character ; but the prosecutor or complainant shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant be entitled to make any observations in reply upon the evidence given by the prosecutor or complainant in reply as aforesaid; and the said justice or justices, having heard what each party shall have to say as aforesaid, and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order upon the defendant, or dismiss the information or complaint, as the case may be; and if he or they convict or make an order against the defendant, a minute or memorandum thereof shall then be made, for which no fee shall be paid, and the conviction [1 1 and 12] or order [18 and 19] shall afterwards be drawn up by the said justice or justices in proper form, under his or their hand and seal or hands and seals, and lie or they shall cause the same to be lodged with the clerk of the peace;, to be by him riled among the records of the genera] quarter sessions of the peace ; or if the said justice or justices shall dismiss such information or complaint, it shall be lawful for such justice or justices, if he or they shall think fit, 11 d 12 Vict. c. 43, s. II. 7.") being required bo to do, to make an order of dismissal of the Sect - 14 same [21], and shall <;ive the defendant in that behalf a ! certificate thereof [23], which said certificate afterwards, upon being produced, without further proof, shall he a bar to any subsequent information or complaint for the same matters respectively against the same party: Provided always, that if the information or complaint in any such case shall negative any exemption, exception, proviso, or condition in the statute on which the same shall be framed, it shall not he necessary for the prosecutor or complainant in that behalf to prove such negative, but the defendant may prove the affirmative thereof in his defence, if he would have advantage of the same. As to negativing exceptions, iVc. see section •'!!>. sub-section 2, of the S. ,1. Act, 1879, yost, which enacts that the information or com- plaint need not contain, nor the informant or complainant prove, the negative to any such exception, &c. Appearance by counsel or attorney. — As to appearance by counsel or attorney, see R. v. Aves, 2-1 L. T. 64, and note to section 10, ante. See as to audience of attorneys in courts of summary jurisdiction, section 9 of the Ciiminal Procedure Act, 1865 (28 & 2!J Vict. c. IS). The prosecutor or complainant may examine witnesses and generally act as advocate [Duncan \. Toms, 56 I.. J. M. C. 81; 56 L. T. 719]; but it is undesirable that police officers should so act. Webb v. Catchlove, 50 J. P. Tito; 82 L. T. 103. Witnesses. — In a complaint for an order, the defendant and his wife are competent witnesses, and may be examined on oath. After a conviction for an aggravated assault under 24 vV 25 Vict, c. 100, s. •):;, where justices proceed upon the application of the wife to grant her a judicial separation and to order the husband to pay a sum for his wife's maintenance, the husband is a competent witness as to his means. Jones v. ■/tun*, ,')!) J. P. 360. This case arose under section 4 of the Matrimonial Causes Act, 1878, which section is now repealed by the S. J. (Married Women) Act, 1895 (58 it 59 Vict. c. 39). Under this latter Act it is presumed the husband would be a competent witness as to his means, but see now the Criminal Evidence Act, 1898 (01 A 02 Vict. c. 3Q),post, in the Appendix. In criminal proceedings the husband or wife lit the informant or prosecutor can give e\ idence against or for the defendant. Competency of husband and wife. — As to the competency of the husband or wife of a person charged under various enactments mentioned in the schedule to the Criminal Evidence Act. 1898 (01 & 02 Vict. c. 36), see section -1 of that Act, post, in the Appendix. 7(> The Summary Jurisdiction Act, 1848. Note Section 3of 32 & 33 Vict. c. 68, enacts that parties to proceedings to instituted in consequence of adultery, and the husbands and wives Sect. f S uch parties, shall be competent to give evidence in such pro- 14. ceedings. Proceedings before justices against a husband to compel him to maintain a child which, though horn in wedlock and of his wile, lie refuses to maintain, on the ground that heisnot its father, arc not proceedings in consequence of adultery within the section. Guardians of Nottingham v. Tomkinson, I.. 1!. -1 < '. P. 1 >. li4o; 48 L. J. M. C. 171 : 28 W. 1!. 151. A paper written by a prisoner's wife under his directions is admissible in evidence against him. B. v. Mallory, 13 Q. B. 1 >. 33; 53 L. J. M. C. 134 : 32 W. R. 721 ; 15 Cox. 456'; 48 J. 1'. 487 ; 50 I,. T. 429. Distinction between civil and criminal proceedings. — In A.-G. v. Radloff, 10 Exch. 84; 23 L. J. Ex. 240, Plait, 1!., points out the distinction between criminal and civil proceedings. _ " What is a civil proceeding as contra-distinguished from a criminal pro- ceeding? It strikes me that the true test is to see if the subject matter be of a personal character, that is, if the proceeding relates to goods or property which it is sought to recover by legal proceed- ings, that is a civil proceeding; but if it is otic which may at once affect the defendant personally by the imprisonment of his body in the event of a verdict of guilty being pronounced against him as a public offender, that is what I consider a criminal proceeding: and in ( 'atti II s . Treson, 27 L. J. M. C. 167 ; 22 J. 1*. 072 ; E. 1'.. & E. !>l ; 4 Jur. oiio. Lord Campbell, C. J., 'The testis whether it i- sought to recover a sum of money in the nature of a debt, or to inflict punishment of an exemplary or public nature.*" Discretion of justices. '-In Boohe's Case, :> Co. Rep. 203, Lord Coke thus comments on the meaningof " discretion: " " Notwith- standing the words of the commission give authority to the com- missioners to do according to their discretion, yet their proceedings ought to be limited and bound within the rule of reason and law. For discretion is a science or understanding to discern between falsity and truth, and between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for, as one saith, talis discretio discretionem confundit." In Reg. v. Boteler, :;:; L.J. M. C. 101; » lb & S. 959; 12 W. R. 106; 8 L. T. r.14, where by an Act of parliament power is conferred upon justices to issue a distress warrant, " if they think tit,"' they must not refuse to issue if merely because they think the Act of parliament does an injustice in the particular case: and in that case thecourt made the rule absolute against the justices, with costs, they having improperly exercised their discretion, and dismissed the complaint. Ml'.i.l.nii. J., saving. " I think it would be most mischievous if we were to allow the justices tocall this an exercise of discretion which is manifest Iv mere caprice." Justices to whom application is made to enforce a precept tor rates have no jurisdiction to question the legality <>t the charges for which the precept is issued. Read v. Banter, 1 1 T. L. lb 455. 11 .( 12 Vict. c. 13, s. 14. 77 Order.— As to orders of justices made in absence of the def en- Note dant, see notes t<> section 1. ante, and the cases there cited. The t0 exceptions under the Public Health Art. 1875, there mentioned Sect - should also be noticed, and in addition to the cases cited on that "• Act of parliament, the case of Wayt v. Thompson, and the judg- ments therein should be consulted. See this case mentioned, ant'-, p. 9. The hearing. The procedure before justices is shortly a- follows: — The defendants first of all asked whether he has any answer to make to the matter of the information ; if he admit- the charge the magistrates proceed at once to award the punishment after (if they think lit so to do) hearing evidence as to the circum- stances under which the offence arose; if the defendanl does not admit the truth of the information, theprosecutor and his witnesses are heard, and the cross-examination of thorn by the defendant; should he not be defended by counsel or attorney, it is advisable to inform him of his right to cross-examine. The defendant then commences his defence, commenting, if he thinks fit, upon the pro- secutor's witnesses, and then calling his own. who are in their turn subject to cross-examination by the prosecutor. The prosecutor may then call witnesses to rebut the evidence given by the defendant- witness. Neither the prosecutor nor defendant is entitled to reply upon the evidence. If a point of law. however, is raised by the defendant, the prosecutor may reply to that. The justices then either convict or dismiss the matter. Sec Forms 11 and 12, and 18 and 19, of I lonsolidated Forms, 1886.) A conviction or order in proper form is drawn up and subsequently lodged with the clerk cf the peace, and the conviction, when produced from the proper office, or an examined copy of it, is the appropriate method of pro\ ing its contents, but see the 22nd section of the S. J. Act, 1879, sub-s. 2. post, as to register of court of summary jurisdiction. If the matter of the information is dismissed, the defendant is entitled to a certificate of dismissal. Conviction. — This section renders it imperative on justices to lodge with the clerk of the peace all summary convictions which have taken place before them ; and this document, or an examined copy, produced from the proper office is. generally Bpeaking, the appropriate evidence to be tendered when it become- necessary to prove a previous conviction. In Ex parU Wayward, '■) 11. & S. ,'A(i ; :52 L. J. M. C. 89; 27 J. P. 102; 9 Jur. S20. and S. C. Ex parte Clerk of the Peace of Rochester, 7 L. T. 622, it was held that it was the duty of justices summarily convicting to cause the conviction to be lodged with the clerk of the peace pursuant to section 14 of this Act, and on proof of neglect to do so on part of the justices in any particular instance, proceedings may be had against them, but the clerk to the justice- being only their servant, a mandamus cannot be granted to compel him to lodge all the con- victions which have been made by the justices during a certain period. The provisions of 42 & 43 Vict. c. 4!», s. 37. post, refer to a JS The Summary Jurisdiction Act, 1848. Note summons or warrant only, and no means are provided for corn- to pleting a conviction in case one of the convicting- justices dies Sect, before he has signed and scaled the conviction. 14 ' A conviction need only be signed by two justices. Ex parte Roynton, 11 J. P. 129. As to proof of convictions, see ante, and the case of Earthy \ . Hindmarah, 1 L. It. C. P. 55:3; 35 L. J. M. C. 254; 12 Jur. 502; 14 W. R. 862 ; 1 II. &E. 607. Consolidated Forms of 1886.— The forms of convictions under the Consolidated Forms. 1886, 'post, are so printed, e.g., Form [14], that place for signature and seal of one justice only is provided. In Labalmondiere v. Frost, 28 L. J. M. 0. 155; i>3 J. P. 598; the Queen's Bench decided that an order therein referred to, although drawn according to Form K. 1 (one of the old forms of the 8. J. Act, 1848), was bad on the face of it for not adjudging the complaint to be true. Apparently, it will not be safe to implicitly follow the forms given when they are not in accordance with the provisions of the S. J. Acts. The learned editors of the Justice of the Peace (50 J. P. 555 ; 51 J. P. 10) express the opinion that it is ''still necessary for two justices to sign the conviction where two justices are required to convict." And see p. 112. In Ratt v. Parkinson, 20 L. J. M. C. 208; 15 J. P. 356, it was held that it was not necessary before issuing a distress warrant that an order should have been formally drawn up under hands and seals : but that the pronouncing the order on the 6th May, and the service of the minute of the order on the 7th of May, were sufficient to justify the issuing of the warrant; and that the non-recital of the order in the warrant, and the fact of the date of the warrant being the same as that of the order, and the neglect to show in the warrant that it had issued subsequently to the disobedience of the order, being all only matters of form, the defendant- were entitled to theprotection of 'the Justices' Protection Act, 1848(11 & 12Vict. c. 44), s. 1, in an action brought against them for trespass in issuing an illegal warrant of distress. The 17th section of 11 & 12 Vict, c. 43, post, should also be referred to. In Ex parte Austin, SOL. J. M. C. 5 ; 45 J. P. 302; H L. T. 102 : 70 Law Times newspaper, 98, it was decided that when justices have convicted for an offence unknown to the law, and have returned the conviction to the clerk of the peace, the court will allow a ride for a certiorari to go, notwithstanding that the justices in showing cause against such rule return a corrected record of the conviction showing such conviction to have been properly made. See also Ex parte Kenyan, 45 J. P. 303, I'.ut justices against whom an action is brought in consequence of a conviction 'which contains only formal defects may return another conviction drawn up in the proper form without such defects if such latter conviction is in accordance with the facts of the case. Selwood \. Mount, 9 C. & P. 75; 6 Jur. 78'; 1 Q. B. 726; Massey \ . Johnson, L2 East, 67. Then- aeems to be no limit of time within which the amended 11 & 12 Vict. c. 43, s. 14. 7'.' conviction must be drawn up. In Mcusey v. Johnson, supra, Lord Note Ellenbokotjgh Baid, at p. 82 of 12 East, " The conviction may to be drawn up at any time afterwards if. in tart, the party were Sect. convicted.'" "• Order and certificate of dismissal. — The application for a certificate of dismissal may be made at anytime after the dismissal. In Costar v. Heatherington, 28 L. J. M. ('. 198; '!:> J. P. 663; 1 B. & B. 802; 5 Jnr. 983, "forthwith" was held to mean forth- with upon application of the party entitled, and not ••forthwith upon the dismissal of the complaint." See also Hancock v. Somes, 28 L. J. M. C. 196; 5 .fur. 983; 2.'J J. P. 662; 1 E. & E. 795, showing that the certificate need not he drawn up in the presence of the parties. Further, on the meaning of " forthwith," see R. \. Aston, 19 I.. J. M. f. 236; 14 Jnr. 1045; 15 J. P. 9; 1 L. M. & P. 491. In /,'. v. Hutchins, 44 L. T. x.s. N 368 : 5 Q. B. D. 35? ; 6Q.B.D. 300; 49 L. J. M. C. 64; 50 L. J. M. C. 35, Lrsn. .!.. said. •■ It is true that the appellant had not obtained a written certificate of dismissal, but that is not of the essence. I take the written certificate to be an artificial, but convenient, mode of proving the dismissal provided by the Act, but not necessary to the validity of the decision pronounced. 1 should compare it to the convenient mode of proving a previous conviction by a certificate signed 1>;. a clerk of assize." See 20 & HI Vict. c. 43, post, as to appeals against justice.-' decisions under this Act. In cases under this section the granting of a certificate of dis- missal is a ministerial act on the part of justice-, and they are bound to make one out on application being made: and the making out of the certificate Ls, under this section, obligatory only on appli- cation, but in cases of assault under the < >ffences against the Person Act, 1861 (124 & 25 Vict, c. 100 . ss. 42, 43, the justices should, whenever a complaint is dismissed upon the merits, make out a certificate, even when no application i- made to them to do so. See per Ekle. J., in Hancock \. Somes, 28 L. J. M. C. 196. See also Costar v. Heatherington, supra. For procedure to be followed when the informant or complainant do< s not appear, see section 13, anU . In such a case, if the justices dismiss the complaint, the defendant is entitled to a certificate under - iction, although the case has not been heard on the merits. In cases of assault within H 1 & - Jo Vict. o. 100, ss. 42, 43, the case must have Leen heard on the merits, and the proceedings have been initiated by, or on behalf of, the party aggrieved, before the certifi- cate of dismissal under those section- can be granted. The cases of Tunnicliffe v. Tedd, and Bradshaw v. Faughton, quoted post, ]). 82, will not apply as illustrations of what i- sufficient hearing. The certificate under the Offences against the Person Act, 1861 ■J! & 25 Vict. c. 100), s. !■"-. is a bar to : ,li proceedings taken by the complainant, or any other person consequently aggrieved, arising out of the same assault. See Masper \. Brown, i.. B. 1 < '. P. I'. 97; 4.'. L.J. C. 1'. •_'<>:;: 40 J. P. 265; •\il I.. T. 354; HI W. B. SO The Summary Jurisdiction Act, 1848. Note 369, where a man assaulted a wife, and for .such assault was fined to by justices under 24 //' r v. Munday, b9 J. P. 27(5. In II. v. Gaunt, (50 J. P. 90, it was held that justices had jurisdic- tion to hear a charge of assault and commit the prisoner for trial, although no complaint has been made by the party aggrieved, and that an indictment found in pursuance of such committal is good. In Eolden v. King, 4(5 L. J. Ex. lb ; Sb L. T. 479 ; 25 W. E. 62, a man and his wife having each been struck by the defendant, summoned him before justices for the assaults. The justices fined the defendant for assaulting the man, but committed him to prison for the assault on the woman. lie paid fine and suffered imprison- ment. An action having afterwards been brought against him for injuries to wife, he set up his conviction and release under sec- tion 4.3. The plaintiff contended that he had been punished only for a common assault, and not fin* the distinct offence of an aggravated assault and that therefore the action in respect of the more serious injury was not forthe same cause within the meaning of this section. The court thought that as the whole case had been before the justices, they had power to deal with it as an aggravated assault and had so treated it, and therefore the defendant was, by section 45, released from the action. And conviction, with payment of a fine, is an answer to an action for injuries to business occasioned by the assault. See Solomon v. Frinigan, 150 J. P. 750. But in Hartleys, Hindmarsh, ubi supra, to an action for assault, the defendant pleaded that he had been summoned by the plaintiff before a magistrate, who convicted him in the costs of the complaint and hearing, which the defendant had paid. At the trial the magistrates' clerk produced the note book, by which it appeared that the defendant was merely ordered to enter into his recognizances and pay the expenses thereof : — Held, the plea was bad, and did not disclose a defence under section 45. " If any person claims the protection of the statute there must either be a dismissal, which must he proved by a certificate, or a conviction, which must he proved in the ordinary way." The certificate under section 45 is not a bar to the defendant being bound over in his own recognizances to keep the peace by the justices granting it. h'.r /unit Davis, >ib J. P. 551. Certificate of dismissal under 11 & 12 Vict. c. 43. — The certificate of dismissal within this section, as above mentioned, is merely a convenient method of proving the dismissal. If. v. Hutchins, supra. This section enacts that the certificate shall be 11 d 12 Viet. c. 48, s. 14. 81 a bar to any subsequent information or complaint for the same Note matters againsi the same party. In addition to the note to t0 section 1, ante, p. 1. on estoppel, the following cases may be s ^t. referred to : — In Wemyss v. Hopkins, 44 L. J. M. C. 101 ; 10 L. R. Q. B. 378 ; 33 L. T. 9; 23 W. R. 691, the appellant was convicted upon an information under the Highway Act, 1835 (5 & 6 Will. I. c. 50 . 3. 78, Eor striking a horse ridden by 11.. and causing damage to II.. then being on a highway. Subsequently II. laid an informa- tion, under the Offences against the Person Act. 1861 ('_' I ^V i2"> Vict, c 100). s. 4l\ Eor an assault in respect of the same matter:— llehi, that the appellant could not be convicted on the subsequent summons. Per Blackburn, J. : " Where a person has 1 n con- victed and punished for an offence by a court of competent juris- diction, there shall be a bar to all subsequent proceedings, and that lie shall not he punished again in respect to the same matter. The only real doubt which exi>t> in this case is whether a plea of t's convict would extend to a conviction before two justices acting under a special statute. 1 think that the conviction being of that nature makes no difference." Under the Bastardy Act-, however, a second application may he entertained, although the first was dismissed for want of suffi- cient corroborative evidence, and the same principle may apply in other cases not within the operation of this section. R. v. Machen, is L.J. M. C. 213; 1.3 <*. 1'.. Tit; 13 J. 1'. 535. Withdrawal of summons. -At .",4 J. P. 124, the learned editors express an opinion that there is no statutory provision which enables a person to withdraw a summons though the practice is by.no means uncommon. Dismissal a bar to subsequent proceedings. In R. v. ///»»/, 4:5 J. P. 383, an information for " exposing or depositing " bad meat Eor sale was dismissed and a certificate granted. The defendant was subsequently convicted on the same fact- for having the meat on his premises. The court held that the defendant might have been convicted, on the first summon-, of the offence charged in the second; the second conviction was therefore quashed. And where a statute required the information to be laid by a particular person, an information not so laid was dismissed, and the defendant was held to be rightly convicted upon a second information laid by the proper person, on the ground that the first information had not been "heard on its merits. Foster v. Hull, 33 J. 1'. 629; -J<> L. T. 482. And in R. v. Ridgway, 1 l'». & I!. 38, and 1!. v. Harrington, 28 .1. 1'. 485, it was held that a plea of autrefois acquit was nol g I where a previous information hud been dismissed for want of form. In /.'. v. Brachenridge, 48 J. 1'. 293, L. was charged with night poaching under the Night Poaching Act, 1828 9 Geo. I.e. 69), and in course of the cross-examination of prosecutor's witnesses, the justices considered he had been illegally arrested and discharged him. He was again summoned for the same offence on the same facts, when the justice- held that they had no jurisdiction, as the s..t.a. a 82 The Summary Jurisdiction Act, 1848. Note former discharge was res judicata -.—Held, that the justices were to right. Sect. The case of Tunnicliffe v. Tedd, 17 L. J. M. C. 67; 5 C. B. 553; 14 - 12 J. P. 2-49, may be referred t<> as showing what is a sufficient hearing to entitle to a certificate In that case a party on being summoned to appear before two justices for an assault appeared and pleaded not guilty ; and the prosecutor then withdrew his complaint, and the defendant was accordingly discharged. It was held that this was a hearing and dismissal which entitled the defendant to a certificate that the charge had been dismissed as not proved under the repealed statute 9 Geo. 4, c. 31, s. 27, and that a plea stating those facts and that the certificate had been granted, set forth a good defence under the 28th section to an action for trespass tor the same assault. But in Bradshaiv v. Vaughton, 30 L. J. M. C. 108 ; 30 L. J. C. P. 93 ; 9 W. E. 120; 3 L. T. 373 ; 9 C. B. (n.S.) 103 ; 7 Jur. 468, where the plaintiff having laid an information for an assault under the repealed statute 9 Geo. 4, c. 31, took out a summons which was served on the defendant, but afterwards, and before the day of hearing, the plaintiff gave notice to the defendant that the summons was withdrawn, and that lie need not attend, and also gave notice to the magistrates' clerk that he (the plaintiff) would not attend. The defendant, however, appeared to the summons, and claimed to have the information dismissed and a certificate of dismissal granted, although the plaintiff was absent. Tin- magistrates having accord- ingly dismissed the complaint and granted a certificate showing these facts, it was held that such a dismissal was a hearing of the case within section 27 of 9 Geo. 4, c. 31, and that therefore the certificate was a bar to an action for the assault. In Reed v. NvM, L. E. 24 Q. B. I). 669 ; 54 J. P. 599, P. charged X. before a magistrate with assaulting him. but before the hearing changed his mind, and gave notice to the magistrate and to X. that lie intended instead to bring an action. At the day of hearing P. did not attend, and no evidence was given, whereupon the magis- trate granted to N. a certificate of dismissal under the Offences against the Person Act, 1861 (24 & 25 Vict, c. 1(10), s. 44. At the trial of the action: — Jlehl, that the county court judge rightly held the certificate to be ultra vires and no bar to the action, as it was not given upon a hearing on the merits. " Res judicata." — In addition to the case of Routledge v. Hislop, ante, p. 4, the case of MiUett v. Coleman, 44 L. J. Q. B. 194; 39 J. P. 805 ; 33 L. T. 204, may be referred to as showing that the judgment of a courtof concurrent jurisdiction is conclusive between the same parties upon the same question. In that case journeymen painters sued their employers for wages in a county court. The defendant pleaded that a magistrate under the repealed Master and Servant Act, 1867, had, on the merits, heard and dismissed summonses for the same wages. The county court judge non- suited plaintiffs. This decision was held to be right. In Uindlty v. Ha slam, :5 Q. 1',. It. 481 ; 27 W. P. 61, A. was 14. 11 a- 12 Vict. c. i:l, s. 14. 83 discharged for neglecting his work, and took proceedings against Note his employers in the county court. At the hearing no counter- t0 claim was set up, but evidence produced to show that he had 1 o Sect. guilty of negligence. He obtained a verdict: — Held, thai the employers were no1 precluded from preferring a claim before justices against him for wrongfully damaging their materials under the Employers and Workmen Act. 1875, for the only matter decided by the county court was whether there was such negligence on his part as would justify his dismissal without notice Sec also Bollard v. Spring, 51 J. P. 501. In Wright v. London General Omnibus Company, Limited, 25 W. E. 647; 40 L. J. Q. B. 429 ; 36 L. T. 599 ; 2 Q. B. D. 271 ; 41 J. P. 486, the acceptance of compensation for injuries caused by furious driving given by a magistrate under the London Hackney Carriage Act. L843 (6 & 7 Vict. c. 86), s. 28, barred an action for damages for further injuries that had developed since such adjudi- cation. See on this, the judgment in Whitehouse v. Fellowea, 10 C. B. (N.3.) 786. In Dover v. Child, 1 Ex. Oh. D. 172 ; 45 L. J. Ex. Ch. 462 ; 34 L. T. 737; 24 W. R. .337. by the Metropolitan Police Courts Act, 1839 (2 & 3 Vict. c. 71.) s. 40, metropolitan police magistrates are empowered upon a complaint to them of the unlawful detention of goods under 15Z. in value, to impure into the title thereto, and to order the goods to be delivered up, provided that no such order shall bar any person recovering possession of the goods sodelivered by action at law. To an action for the conversion of goods, the defendant pleaded an estoppel, alleging that a metropolitan magis- trate had, after summoning the defendant before him, inquired into the title to the goods, dismissed the summons, and thereby adjudi- cated in his favour : — Held, that that was no bar to the action. A woman having been convicted of larceny at quarter sessions, the chairman refused the application of the prosecutor for an order that the goods whichhad been pawned should he given up. Subse- quentlya police magistrate made the order under section 10 of 2 & 3 Vict. c. 71 : — Held, that he had jurisdiction to do so. Ex )>n a technical ground, this summons was dismissed, but another summons was immediately granted under the Licensing Act. 1S72, and upon this summons the defendant was convicted: //»■/tatute 9 Geo. 4, c. 31. and the Criminal Procedure Act. 1853 (16 & 17 Vict. c. 30), of an aggravated assault upon the information and complaint of a woman, charging him with " unlawfully assaulting and abusing her." It appeared upon affidavits that upon the evidence the charge was one of rape. A rule nisi had been obtained for a habeas corp us, and upon the hearing of the argumenl on the motion to make the rule absolute, it was held by Barons Bramwei.i, and I 'haxxell, that there was nothing in the informa- tion and complaint to prevent the justices entertaming a charge of assault, and that the charge being within their jurisdiction, they were at liberty to exercise it. and convict of an aggravated assault, if they thought upon the evidence that offence ami not a felony had been committed. But Pollock, C.B., and Wilde, 1!., held that the charge made was not an assault of an aggravated character within 16 & 17 Vict. c. 30, bul was an assault involving statutory offence of a distinct character, over which the justices had no jurisdiction. The two latter learned judges, however, in their judgments, relied mainly upon the w onl "abuse" in the informa- tion, construing thai word as one showing an assaull of a distinct character from the " common " assault mentioned in the Criminal Procedure Act. l>s.">3 (16 & 17 Vict. c. 30), for which the justices could inflict two months' imprisonment, and from the "aggravated" assault in the same statute for which six months' imprisonment could ],<■ impi sed, I'ou.ouc. Cl!., in his judgment, saying, "It may be material to consider what is the meaning of •common assault.' It appears to me that it mean- an assault not accompanied 11 ,i 12 Vict. c. 43, s. 14. 85 by any such aggravated circumstances as would give to the assault Note the character 90; The Sum mar// Jurisdiction Act, 1848. 10 Cos C. C. 480, where it was held that a previous summary conviction for an assault before justices under 24 & 25 Vict. c. loo, >. 42, is not a bar to a subsequent indictment for manslaughter upon the death of the man assaulted consequent upon the same assault (Kelly, (.'.15., dissentiente), Martin, B., saying, "A new offence, in my opinion, arose when the man died," and 15yi.es. J., "The form and intention of the common Law pleas of autrefois ii.n\ i. t and acquit, show that they only apply whore there has been a former judicial decision on the same accusation in substance, and when the question in dispute has already been decided. There has in the present case been no judicial decision on 1 he same accusation, and the whole question now in dispute could not have been decided, for at the time of the hearing before the magistrates, whether the assault would amount to culpable homicide or not, depended on the then future contingency whether it would cause death. It is to l>e observed that the statute does not say for the same act, but 'for the same cause. 9 The word 'cause' may undoubtedly mean 'act,' but it is ambiguous, and it may also, and perhaps with greater propriety, be held to mean, ' cause for the accusation.' " So in //. \ . Walker, 2 Moo. & R. 44(5, it was held by < 'oi.tmax, J.. that a conviction by justices for a common assault was a bar to an indictment for felonious stabbing, and /,'. \. Stanton, 5 Cos < '. C. ol>4, when the prisoners were indicted for feloniously wounding with various intents, and were found guilty of a common assault, and Mr. J. Eiile was of opinion that the conviction by justice.- would have been an estoppel to an indictment of felonious assault if pleaded, and thought he was hound to treat the matter as already adjudicated upon, and directed the prisoners to enter into their recognizances. In R. v. Miles, 59 L. .!. M. ( '. 56; "<4 J. P. ,349, the defendant was convicted upon an indictment which charged him (in the first count) with unlawfully and maliciously wounding; (in the second count) with unlawfully and maliciously inflicting grievous bodily harm; (in the third count) with causing actual bodily harm; and (in the fourth count) with common assault. At the trial the defendant pleaded and proved the following conviction in respect of this same assault before a court of summary jurisdiction : — ■ •• Evans, (>'■'> 1,. J. M. C. 81 ; and /,'. v. Monmouthshire •/•/.. 4 B. & C. 844. 15. Examination of witnesses upon oath.~\ — Every witness at any such hearing as aforesaid shall lie examined upon oath or affirmation, and the justice or justices before whom any such witness shall appear for the purpose of being so examined shall have full power and authority to administer to every such witness the usual oath or affirmation. Competency of informer or prosecutor. — I ' ml< -r this section every prosecutor and complainant, where justices have power to make an order for the payment of money or otherwise, whatever may he his interest in the result, i.- a competent witness ti> support the information or complaint. And since the Evidence Act, 1851 (14 & lo Vict. c. 99' , an informer is competent in all cases, irrespec- tive of any pecuniary interest he may have in the penalty or result. It may he mentioned that in criminal matters the death of the informer does not abate the proceedings. R. v. Tmelove , ante, p. 1!'. As to the right of a police constable who lays an information to examine Mint cross-examine witnesses, and generally to act as advocate for the prosecution, see Webb \. CatcMove, 50 J. 1'. 7!>">. Oath or affirmation. — The statute relating to judicial oaths as to Quakers and Moravians, is the Quaker and Moravians Act, 1838 (1 & '2 Vict. c. 77). Person- objecting to take an oath may affirm under 51 & o'2 Vict. c. 1'i. It is the duty of a judge, before permitting a witness to affirm 88 The Summary Jurisdiction Act, 1848. Note under section 1 of the Oaths Act, 1888 (.31 & 52 Vict. c. 46), to to inquire into his ground of objection to being sworn, and to ascertain Sect, whether he objects, because he has no religious belief, or because the taking of an oath is contrary to his religious belief. li<r if the prosecutor or complainant shall not appear, the said justice or justices may dismiss such information or complaint, with or without costs, as to such justices shall seem fit. Further with regard to adjournment, Bee 42 & 43 Vict. c. i!». s. 20 11 . post. Ajb t<> an adjournment being discretionary, see /'. v. Lipscomb, 2t> J. P. 51, ami .3 L. T. (505. There i- no limit of time provided fur adjournments of summary proceedings. Thi' defendant is entitled to a copy of the conviction. //. \. Midlam, :; Burr. 1720; and Ex-parti Huntley, 33 J. 1'. 77."-. Should the conviction be found defective or informal a fresh and corrected conviction may be drawn up and returned t<> tin' sessions. In Ex partt Kenyan, 45 J. 1'. 303, the defendant was charged with opening hi- premises for sale of intoxicating liquors on Sunday, and was fined. The conviction when drawn up contained no clause of distress, hut ordered imprisonment in default of payment. Semble, the justices might draw up a fresh conviction containing the clause of distress anytime be ton: filing it with the clerk of the peace. Hut Bee Ea parln Austin, ante, p. 78. In Chaney \. Payne, 1 'i. 15.712 ; li Jur. 79, it was held that a justice cannot draw up and return to the sessions a corrected record of a summary conviction after the first record has been quashed by the court. The formal conviction may lie drawn up at any time after the commitment, but before the return to the certiorari. Muss,,/ v. Johnson, 12 East. 07. And see also Lindsay v. Leigh, 17 L. J. M. I '. 50 ; 11 Q,. B. loo ; and see anti . pp. 78 and 7!'. At the same sitting of the bench and before a written conviction has been drawn up, justices may change their opinion of a convic- tion, and reverse it <>r qualify it in then- discretion. In Jones v. Williams, 4(J L. J. M. C. 270; 36 I..T. 559, two justices convicted A. of trespass in pursuit of game. 11. was afterwards charged with the same offence and acquitted by two of the magistrates who ■decided the former case and a third. The former conviction of A. was then reversed by two of the three justices. Xo conviction having been drawn up, it was held that theiv was a locus pamitentiee in the justices, which they took advantage of when they changed their opinion, I.ixdlky. I. .J., saying, at p. 560 of I.. '1'. [his judg- ment is not given in the L. J. M. ( '. report) : "No conviction was drawn up, and therefore the proceedings may lie said to have come to nothing; the bench changed their opinion of the case, and they could not now be compelled by mandamus to record a conviction. Their action was, perhaps, not an acquittal, but it certainly did not amount to a conviction; it may be considered as a part hearing onlv." It, K) The Summary Jurisdiction Act, 1848. Note See as to withdrawing from a prosecution, note to section 7, ante. to By a railway Act penalties for lu-each of bye-laws were recoverable Sect, before a justice of the peace, and officers of the railway company 16. were empowered to seize offenders under certain circumstances, and to convey them before a justice without a warrant, such justice being "empowered and required to proceed immediately to the conviction or acquittal of such offender." The defendant being charged with an offence against a bye-law of the company, it was held that although the act constituting the offence gave no power to the justices to remand the accused, yet that by this section the justice had power to adjourn the hearing and to issue a warrant for the committal of the accused to the house of correction. G-tlan v. Hull, 21 L. .1. M. C. 78; 2 II. & N. ;•>:<); 21 J. P. 710. As to courts of summary jurisdiction enforcing recognizances, see section 9 of S. J. Act. 1ST!), post. 17. Form of convictions anil orders —Defendant to be served with minute of order before issue of warrant of commitment or distress.] — In all cases of conviction where no particular form of such conviction is or shall be given by the statute creating the offence or regulating the prosecution for the same, and in all eases of conviction upon statutes hitherto passed, whether any particular form of conviction have been therein given or not, it shall be lawful for the justice or justices who shall so- convict to draw up his or their conviction on parchment or on paper in such one of the forms of conviction in the schedule to this Act contained as shall be applicable to such ease, or to the like effect ; and where an order shall be made and no particular form of order is or shall he given by the statute giving authority to make such order, and in all cases of orders to be made under the authority of any statutes hitherto passed, whether any particular form of order shall therein be given or not, it shall be lawful for the justice or justices by whom such order is to he made to draw up the same in such one of the forms of orders in the schedule to this Act contained as may be applicable to BUch ease, or to the like effect ; and in all cases where by any Act of parliament authority is given to commit a person to prison, or t<> levy any sum upon his goods or chattels by distress, for not obeying any order of a justice or justices, the defendant shall be served with a copy of the minute of such order before any warrant of commitment or 11 ,('■ 12 Vict. c. 43, 8. 17. '.>1 of distress .-lull issue in that behalf, and such order or minute Sect - 17. shall nnt form any pan of such warrant of commitment or of — 1 distress (so much of this section as specifies any form of conviction or order for which another form is provided by a rule under the Summary Jurisdiction Acts is repealed by the Summary Juris- diction Act, 1884, post). Requisites of conviction.— -•• The requisites of a conviction are that it should be precise and certain, and show that the convicting magistrate has power to convict; thai the requisite proceedings preliminary to the conviction have been duly taken; and that the defendant has been guilty of the offence charged against him." Burn's " Justice." In Ex parti /' . 29 L. J. M. C. 31 ; 5 II. & X. 30; 5 Jur. 1221 : 23 J. P. 823, Hill, J., said, " Generally speaking, it is suffi- cient in a conviction to follow the word- of the statute on which the conviction is founded; but that will not be enough where the statute is so worded as by its language to Include acts manifestly not within its intent." See also Wray \. Take, 12 Q. B. 492; 17 I.. .1. M. C. L83; 12 Jur. 936. In R. v. Mackenzie, L. 1!. L892 2 Q. B. 519; 56 J. P. 484; 8 T. L. li. 71.'). a conviction under the Conspiracy and Protection of Property Act, L8T5, was held bad for not specifying what lawful act the prosecutor was prevented from doing. It must have as much certainty in the description of the offence as an indictment, lis \tarte Payne, o li. & < '. :2-">l : 7 1>. A: 1!. 7<>s; R. \. Jukes, 8 T. li. 5-14. The adjudication is the judgment passed upon the defendant for his offence, and it must form part of the conviction, otherwise the conviction may be quashed. I,', v. Hawkes, 2 Str. 858; li. \. Vipont, 2 Burr. 1163. Care must he taken also that it be sxich an adjudication as is warranted by the statute creating the offence, otherwise it will be fatal, and the court upon application will quash the conviction. II. v. Hall, Cowp. 60; U. v. Elwall, 2 Ld. Raym. 1514; 2 Str. 794. The conviction must be dated. A mistake in the date, however, will not vitiate a conviction which is otherwise complete. R. v. Picton, 2 Ea. 196. In case- where the punishment is fixed by statute there must be an adjudication ; for want of which the conviction in 11. v. Harris, 7 T. R. 238, was quashed. It is sufficient to state that the penalty is to be paid and applied according to law. /.'. v. Hyde, 21 I.. J. M. I . 94 : 17 El. & I'd. 859; 1(J Jur. 337; 16 J. P. '17. In adjudging costs in a conviction the amount must be stated, /,'. v. Payne, 4 1>. & R. 72. But it is Dot a fatal detect in a con- viction that it tines not award costs, although the Act expressly mentions costs. R. v. Pringle, <> J. P. 249. "When an Act of parliament gives power to a magistrate on 92 The Summary Jurisdiction Act, 18-48. Note summary conviction t<> award the reasonable charges of taking a to distress, he must ascertain the amount in the conviction; and an Sect ' adjudication that the defendant shall pay the reasonable charges of 17 - the levy is bad. //. \. Symonds, 1 Ea. 189. Surplusage in a conviction does not affect its validity, nor any defect of statement of that which is superfluous. R. v. Jeffries, i T. l:. 768; Charter v. Grceme, 13 Q. B. 227; 18 L. J. M. 0. F3; 13 J. P. 232. A conviction oughl to be in words and figures at length, and may state proceedings in the past tense. R. v. Hall, 1 T. I!. 320. But the adjudication must he in the present tense. II, ill x. Clarke, 1 Mod. 31. The Consolidated Forms of 1886, post, should be followed as far as possible. A conviction bad in part i- had i« toto. 11. v. Patcliett, 5 Hast. :J44; R. \. Catherall, 2 Str. 900; 1 T. Et. 249. In drawing up a conviction it should be borne in mind that where an Act of parliament gives summary proceedings for the various offences, the conviction, though formally drawn, will nol support an information, if it leaves it uncertain under which section of the Act the conviction actually took place. Charter \. Urozme, supra. As to joint and several offence-, see note to section •">, ante. Where several have been convicted at the same hearing of the same charge they should be included in the same form of conviction, whether the offence be in its nature joint or Beveral. Ex parte Brown, 16 J. 1'. 69; R. v. Cridland, 27 L. .1. M. C. 28; A'. \. Bacon, 21 J. P. 404; and in Cla v. Osborne, 21 1.. J. M. C. 112. Where separate convictions were drawn upon a joint information the court refused to order the justices to alter the- conviction by making it a joint one. There should not be a separate conviction when the offence is really a joint one and the penalty severed among two or more defendants, but a separate adjudication as to each. See also ante, p. 29. And in Wilkins v. Hemsworth, :'> X. & 1'. ■'>■>: 7 A. & E. 807; 2 Jur. 94, 301, where two orders were made by mistake at the sitting of magistrates, it was held to be competent to them to declare at the time which of the two is the right one. The conviction need only be signed by two of the justices, though more may have been present and taken part in the hearing of the case. Ex parte Roynton, 14 J. P. 129. It is assumed that where justices in a conviction under a statute permitting hard labour to be inflicted have made no mention of hard labour they do not intend that hard labour should be inflicted. Ex parU Thompson, :> L. T. 318; 21 .1. P. 805. Sufficiency of conviction. -The forms of conviction given in the schedule to this Act apply to all cases; and convictions drawn up in such of the hums a- are applicable to the ease are sufficient. A conviction under the Game Act. ls;;i (J & 2 Will. I. c. 32), and the repealed statute 5 & 6 Will. 4, c. 20, s. 2 1 . adjudged a pecuniary penalty to be paid and applied according to law, following the words of Form [I. 2] {for which is now substituted Form [11], « s '. •/. Rules, 1886 . The Game Act- provided that one moiety of the penalty 11 ,c 12 Vict. c. 48, s. 18. 98 should be paid to the informer, and the other moiety to :,'<» to the Note overseers <>f the poor, and to be paid to one of the overseers or to t0 some other parish officer appointed by the justices : — Held, that the 5e °t- conviction was sufficient. Reg. v. Hyde, 21 L. J. M. C. 94; El. & Bl. ^ Sj9; 16 Jur. 387; 16 J. P. (iT. An order should be drawn up with the same precision as a conviction. See for the distinction between orders and convictions, "Paleyon Convictions" (7th ed.), pp. 168- 173. Minute of order. — The learned editors of the Justice of the Peace arc of opinion that although the S. J. Rules provide a form of judgment for plaintiff the service of the minute of the older is sufficient: see o'2 J. P. To. See on this section, Rati v. Parkinson, ante, p. 78, and section 14, antt. 18. A /card of costs /<> complainant or defendant.^ — In all cases of summary conviction or of orders made by a justice or justices of the peace it shall be lawful for the justice or justices making the same, in his or their discretion, to award and order in and by such conviction or order that the defendant shall pay to the prosecutor or complainant respectively such costs as to such justice or justices shall seem just and reasonable in that behalf; and in cases where such justice or justices, instead of con- victing or making an order as aforesaid, shall dismiss the information or complaint, it shall he lawful for him or them, in his or their discretion, in and by his or their order of dismissal, to award and order that the prosecutor or com- plainant respectively shall pay to the defendant such costs as to such justice or justices shall seem just and reasonable, and the sums so allowed for costs shall in all cases be specified in such conviction or order or order of dismissal as aforesaid, and the same shall be recoverable in the same manner and under the same warrants as any penalty or sum of money adjudged to be paid in and by such conviction or order is to be recoverable ; and in cases where there is no such penalty or sum to be thereby recovered, then such costs shall be recoverable by distress and sale of the goods and chattels of the party, and in default of such distress by imprisonment, with or without hard labour, for any time not exceeding one calendar month unless such costs shall be sooner paid. <)4 The Summary Jurisdiction Act, 1848. Note By the S. J. Act, 1879, b. 49, post, the expression " sum adjudged to to be paid by a conviction " or -'order" respectively includes costs Sect - adjudged to be paid by the conviction or order, as the case may be, 18 ' of which the amount' is to be ascertained by such conviction or order; and see section 7 of that Act as to payment by instalments. Justice- under section 25 of the S. J. Act. 1879, post, have power to award costs to complainant or defendant in cases of sureties to keep the peace. The effect of section IS of this Act is that in all cases of summary cm iction or order within this Ad costs may be awarded except in cases within section 8 of the S. J. Act. 1879, post, when the ifine is not more than os., in which cases the informant is not entitled to any costs unless expressly given to him by the court. In all cases the cost> must be specifically awarded by the court. Costs on a vaccination order under 30 & 'il Vict. c. 84, can be recovered by distress and imprisonment. /.'. v. Burrows and Another, 13 T. L. II. :>C,'J; <>1 J. I'. 724. The editors of the Justm of i/<< Peace and the editor of "Stone's Justices' Manual*' (31st ed., p. 533), agree that this section does not give power to justices to award costs under the Small Tenements Recovery Act. 1838 ,1 & 2 Vict. c. 74). The question is discussed at length at 60 J. P. 163. Costs on dismissal are recoverable as if they were a civil debt under section 47 of the S. J. Act. 1879, post. See Reg. v. TIu Lord Mayor <•/' London ">,■/ Another, I', c firtr Boater, !» T. L. E. 508; 57 J. 1*. *".'5'5. and note to section 47. / See section 24 of the S. J. Act, 1848, post, a- to costs leviable by distress, or in default further imprisonment, where the conviction orders imprisonment only, or where the order is for the doing some act, and on neglect imprisonment. As to costs incurred in enforcing an order by the complainant, see Rule 29 of the S. .1. Rules, 1886, post. See also section 26, post, which enacts that if the information be dismissed costs may be recovered by distress upon the prosecutor. The justices should themselves ascertain and fix the amount of costs, and not delegate that act to any one else or the conviction will be bad. /.'. v. St. Man/, Xottiwjlunu, 13 East, 57; Sellwood v. Mount, 9C. & P. 75; 1 Q. B. 726. As to costs of witnesses, see note to section 7. ante, p. 40. What costs allowed. — The costs under this section may include the expenses of witnesses for the complainant as well as the fee to his attorney, if it should have been reasonably necessary to employ one, in addition to the fees to the clerk to the justices, and the constable under the statutes dealing with such fees. When a summons in bastardy is dismissed the complainant cannot be ordered to pav costs. R. v. Machen, 15 (I. V>. 78; IS L. J. M. C. 233; 13 J. P. 535. 19. Warrant of distress for rerorer// of penalty or sum of mon<'i/.~] — Where a conviction adjudges a pecuniary penalty or compensation to be paid, or where an order requires the 11 ,(• 12 Vict. c. 43, s. 19. 95 payment of a sum of money, and by the statute authorising Sect. sucli conviction or order such penalty, compensation, or sum of — 1 money is to be levied upon the goods and chattels of the defen- dant by distress and sale thereof, and also in cases where by the statute in that behalf no mode of raising or levying such penalty, compensation, or sum of money, or of enforcing the payment of the same, is stated or provided, it shall be lawful for the justice or justices making such conviction or order, or for any justice of the peace for the said county, riding, division, liberty, city, borough, or place, to issue his or their warrant of distress [24, 25] for the purpose of levying the same, which said warrant of distress shall be in writing under the hand and seal of the justice making the same ; and if after delivery of snch warrant of distress to the constable or constables to whom the same shall have been directed to be executed sufficient distress shall not be found within the limits of the jurisdiction of the justice granting such warrant, then, upon proof alone being made on oath of the handwriting of the justice granting such warrant before any justice of any other county or place, such justice of such other county or place shall thereupon make an indorsement [35] on such warrant, signed with his hand, authorising the execution of such warrant within the limits of his jurisdiction, by virtue of which said warrant and indorse- ment the penalty or sum aforesaid, and costs, or so much thereof as may not have been before levied or paid, shall and may be levied by the person bringing such warrant, or by the person or persons to whom such warrant was originally directed, or by any constable or other peace officer of such last-mentioned county or place, by distress and sale of the goods and chattels of the defendant in such other county or place. As to backing warrant, see 11 & 12 Yict. c. 43, s. 3, ante, and note thereto. See also section 23 of this Act, post, and sub- section (3) of section 21 of the S. J. Act, 1879, post, and section o of S. J. Act, 1884, post. Imprisonment in default. — The scale of imprisonment in default of payment of a tine is regulated by section 5 of the S. J Act, 1879, post. [if, The Summary Jurisdiction Act, 1848. Note Period of imprisonment, how to be reckoned. — Where a to defendant sentenced to imprisonment and to pay costs lias not Sect, sufficient <;■«)< >ds to pay such costs, and in such default is to be 19 ' further imprisoned, the term of such further imprisonment is to — run from the determination of the first imprisonment (see section 24, post). Bad warrant of commitment. — "Where a warrant of commit- ment is bad, even when the warrant is in the nature of a conviction, e.g., under the Vagrant Act. and a good warrant of commitment is subsequently delivered to the gaoler, but before a rule for a habeas corpus has been obtained, such subsequent warrant is a good answer to the rule. Ex parte Gross, 26 L. J. M. C. 201 ; R. v. Richards, 5 Q. B. 926; D. & M. 777; 1 New Sess. Cas. L82; 13 L. J. M. 0. 147; 8 Jur. 752; 4 F. .V P. 860; Ex parte Smith, 27 L. J. M. C. L86; Hammond's Case, 9 Q,. B. 92. Form of warrant of commitment. — "Where a power is given to justices to commit by issuing their warrant as under the repealed statute .") Geo. 4, c. 18, s. 2, such warrant must be in writing, and an imprisonment without a warrant, except during the preparation thereof, is illegal ; and such irregularity is not cured by a warrant of commitment drawn up on a subsequent day dated as of the day of commitment. Hutchinson v. Lit/rude*, 1 X. & M. (>74 ; 4 15. & A,L lls - The period of imprisonment under the warrant is reckoned from the day on which the warrant was executed. See Braham v. Joyce, 19 L. J. Exch. 1 ; 14 J. P. 39. A general warrant of commitment is illegal. Money v. Leech, 1 W. Bl. 563. And a warrant reciting a conviction should on the face of such recited conviction show the jurisdiction of the com- mitting justice over the offence. 1L v. King, 13 L. J. M. 0. 43; 1 1). ,V L. 721. It is no ground of objection to a warrant ot commitment that in some particulars it differs from the conviction, so long as it substantially discloses the same offence. Hantcs v. H7,//r, 1 New Sess. ('as. 504; 1 C. B. L92 ; 14 L. J. C. 1'. 65; 9 Jur. 181. The jurisdiction of the justice must lie shown, and the tact of con- viction musl be specifically stated. //. v. King, 13 I.. J. M. C. 43; 1 1). & L. 721; /.'. v. Rhodes, I T. 1!. 220; Braham \. Joyce, 14 J. P. 39; 19 L. J. Exch. 1. The commitment need not be dated, but see Rule 26 of The S. d. Rules. 1886, post, as to com- mitments under section '■'>■> of Act of L879. In cases where hard labour may be awarded, the commitment need not expressly nc-ativo tlie hard labour. Ex /»irte Thompson, 2 1 .1. I'. 805; 3 L. T. 318. , . . The provisions oi 11 & 12 Yict. c. 43, as to objections to defects in informations, summonses, and wan-ants, are not applicable to warrants of commitmenl or warrants of distress. Before the S. J. Art, 1884, certain statutes, e.g., The Larceny Act, 1861, s. 111. con- tained provisions a- to defects in warrants of commitment not invalidating them, provided there be :t good and valid conviction 11 t(- 12 Vict. c. 43, s. 19. '.'7 to support the warrant; but by that Act all these provisions are Note repealed, and in future all cases will tall within the provision- of to the S. J. Act, 1879, s. 39, sub-s. 3, which is in similar term- to the Sect - repealed statutes referred to. _^_ A commitment bad in part will be held bad in toto. Ex parti Addis, 2 D. & R. 1(57. Generally on commitments, see " Paley" 7th ed.), p. 2o.'3. et seq. See further on commitments, note to section 23, post. Levy by distress. — As to the procedure on the execution of warrants of distress, see sections 21 and 43 of the S. J. Act, 1879, post. As to the return of the constable to the warrant of distress, see section 21 of 11 & 12 Vict. c. 4.J, post. By section 43 of the 8. -1. Act, 1879, post, it is enacted that a warrant of distress issued by a court of summary jurisdiction shall be executed by or under the direction of a constable. By sectii >n 21 of that Act, the issue of a warrant of distress lor any sum adjudged to be paid by a conviction or order may be postponed according to the discretion of the court of summary jurisdiction to whom application is made. In t 'ook v. Plasket, 4(i L. T. 383 ; 47 J. P. 265, by section 74 of the Elementary Education Act, 1870 (33 & 34 Vict. c. 75), "No penalty imposed for the breach of any bye-law shall exceed such amount as witli the costs will amount to rive shillings for each offence " Held, that this does not include the rost> of a distre» to enforce payment under this section. Further as to detects in warrants of distre.--. see section ■'!!' of S. J. Act. 1879, post. See also 47 & 4n Vict. c. 4:;. s. ■'>, post, as to this section. Discretion as to issue of distress warrant — Should warrant of distress issue "ex parte.'" — A question was raised in /.'. v. Paget, 51 I.. J. M. C. !»: 8 to the issue of a distress warrant or postponing it upon terms. But no counsel appearing to show cause against the issuing of the mandamus, the court declined to express any opinion upon the question : Mr. Justioi Field saying, " Section 21 of the Act of 1879 would seem to apply to a sum of money adjudged to be paid either on conviction or order, and to vest in the magistrate a discretion upon condition- - to time or otherwise. I understand Mr. Wright to argue that no such discretion existed in the present case, but not having the view of the magistrate before us upon that head, it does not seem to be advisable to at present express any view upon it. It the magis- trate consider he ha- a discretion, and the applicant think it right to question it. that will form the subject of fresh consideration for the court when it has the grounds of Mr. Paget's determination before it." And //, n Clew, 51 L. J. M. C. 140; 8 Q. B. D. 511 ; 30 W. B. 705; 46 J. P. 534; 46 L. T. 4^2, Bowen, L.J., said. "As to whether a defendant ought to be heard before committal under sub- section .'! of section 21 of the Act of l s 7i», I express no B.J.A. n 98 The Summary Jurisdiction Act, 184S. Note opinion, as I think it is desirable to reserve for further consideration to whether a man can be sent to prison Legally until after he has been Sect, hoard on the question whether he has sufficient goods to satisfy a 19- distress." In Reg. v. German, 8 T. I.. R. 2<; : , it was held that justices were entitled to refuse to issue distress warrants to enforce penalties in the absence of evidence of there being goods upon which to distrain. 20. Where warrant of distress issued defendant may be set at large or detained in default of security.'] — In all cases where a justice of the peace shall issue any such warrant of distress, it shall be lawful for him to suffer the defendant to go at large, or verbally or by written warrant iu that behalf, to order the defendant to be kept and detained in safe custody until return shall be made to such warrant of distress, unless such defendant shall give sufficient security, by recognizance or otherwise, to the satisfaction of such justice, for his appear- ance before him at the time and place appointed for the return of such warrant of distress, or before such other justice or justices for the same county, riding, division, liberty, city, borough, or place as may then be there. Sec also sections 21, 22, and 23, post, and section 39 of S. J. Act, L879, post. Upon the issue of a warrant of distress, the Justin's may either suffer the defendant to go at large, or order him (in the manner provided in this section) to he detained until return be made to the warrant, unless he gives sufficient security for his appearance at the time and place of its return. "Mandamus.'"- In Ex parte Thomas, 16 L. J. M. 0. ~>1 : 11 .). I*. 295 ; 1 1 Jur. KIT. it was held that as a genera] rulea mandamus will not be granted for the purpose of compelling justices to enforce a conviction either by commitment or distress. But in the case of a distress warrant to levy a rate, a mandamus will issue. See also l,< re Williams, "_' New Sess. Cas. 570. further, with regard to warrants of commitment, see section .;;» of S. .1. Act, 1819, post. See section 9 of S. J. Act, 1879, as to enforcing of recognizances byacourl of summary jurisdiction in the same manner as a fine payable on con\ iction. 21. In default of distress defendant may be committed.] — If at the time and place appointed for the return of any Buch 11 t£ 12 Vict. c. 4:3, s. 21. 99 warrant of distressthe constable who sliall have had the execu- sect. tion of the Bame shall return [27] that lie could find no goods — 1 or chattels, or uo sufficient goods or chattels, whereon he could levy the sum or sums therein mentioned, together with the costs nf, or occasioned by, the levying of the same, it shall be lawful for the justice of the peace before whom the same sliall be returned to issue his warrant of commitment [31] under his hand and seal, directed to the same or any other constable, reciting the conviction or order shortly, the issuing of the warrant of distress, and the return thereto, ami requiring such constable to convey such defendant to the house of correction, or if there he no house of correction then to the common gaol of tlie county, riding, division, liberty, city, borough, or place for which such justice shall then be acting,and there to deliver him to the keeper thereof, and requiring such keeper to receive the defendant into such house of correction or gaol, and there to imprison him, or to imprison him and keep him to hard labour, in such manner and for such time as shall have been directed and appointed by the statute' on which the conviction or order mentioned in such warrant of distress was founded, unless the sum or sums adjudged to he paid, and all costs and charges of tip- distress, and also the coats and charges of the commitment and conveying of the defendant to prison, if such justice shall think fit so to order (the amount thereof being ascertained and stated in such commitment), shall be souner paid. Commitment. — The warrant of commitment need not 1"- signed by the convicting justices, <>r one of them. It it is signed by one justice having the same jurisdiction, it is sufficient. S.c section 29, post, and notes t<> section 19, ante, a- to form of commitment. The costs ami charges of the commitment, and of conveying the defendant to prison, if ordered in the justice's discretion, must he inserted in the commitment. The term of imprisonment to he imposed must now he regulated by the scale in section ■> of the S. •). Act. 1879, post 'The Debtors Act. 1869 ^ & :)■> Vict. <•. 62, -. -I.- enact- that, with the exceptions hereinafter mentioned, in. person shall afterthe commencement of this Art be arrested or imprisoned for making H '1 100 The Summary Jurisdiction Act, 1848. Note default iu payment of a sum of money- — there .shall lie excepted to from the operation of the above enactment: — Sect. l. Default in payment of a penalty, a sum in the nature of a 21. penalty other than a penalty in respect of any contract : 2. Default in payment of any sum recoverable summarily before a justice or justices of the peace. It was decided in R. v. Pratt, 5 L. R. Q. B. 176 : 39 L. J. M. C. 73 ; 18 W. 1!. 626 ; 21 L. T. 7,30 ; S. ( '. Ex parte < 'oh, 21 L. T. 750, that costs awarded by quarter sessions against one of the parties to the appeal, and which by the Quarter Sessions Act, 1S49 (12 & 13 Vict. c. 45), s. .'», and 11 & 12 Vict, c. V>, s. 27. may be enforced before a justice by warrant of distress, and in default of distress by warrant of commitment, are within the above exception mentioned in the Debtors Act, 1869, and the defaulter is. therefore, not pro- tected from imprisonment. But the more recent case of R, v. The Lord Mayor of London mi'! Another, Ex parte Boaler, !' T. L. 1'. 508 ; 57 J. 1*. 633, seems to imply that the civil debt procedure of section '•'>■') of the S. J. Act, 1879, post, should be followed in recovering such costs. See note to section 47 of S. J. Act, 1879, post. Sums payable under 38 & 39 Vict. c. 90, s. (The Employers and Workmen Act), are within section ~> of the Debtor- Act. 1869. As to this section, see 42 & 43 Vict. c. li», s. 21. >ul>-s. '■'>. post, and 47 & 48 Vict. c. ■{'■>, s. 5, post, and the S. J. Rules, 1886, post. And see, as to money and other propertv found on prisoners, section 44 of the S. J. Act, 1879, post. See Leverick v. Mercer, 22 I,. J. M. I !. 81 : 17 J. 1'. 196, post, note to section 26 of S. J. Act, ls4s. And also, to what constable the warrant should be addressed, JR. v. Saunders, 36 L. J. M. < '. 87; L. R. 1 C. C. R. 75, ante, p. 22. 22. Where the statute provides no remedy in default of distress defendant may oe committed.'] — And whereas by some Acts of parliament justices of the peace are authorised to issue warrants of distress to levy penalties or other sums recovered before them by distress and sale of the offender's goods, but no further remedy is thereby provided in case no sufficient distress be found whereon to levy such penalties; be it therefore enacted, that in all such cases, and in all cases of conviction or orders where the statute on which the same are respectively founded provides no remedy in case it shall be returned to a warrant of distress thereon that no sufficient goods of the party against whom such warrant shall have been issued can be found, it shall nevertheless be lawful to the justice to whom such return is made, or to any other justice of the peace for the same county, riding, division, liberty, city, borough, or place, if he 11 ,< 12 Vict. c. 48, s. 2:3. 101 or they shall think tit. by his warrant as aforesaid, to commit Sect. the defendant to the house of correction or common gaol as — '. aforesaid for any term not exceeding three calendar months, unless the sum or sums adjudged to be paid, and all costs and charges of the distress, and of the commitment and conveying of the defendant to prison (the amount thereof being ascertained and stated in such commitment), shall be sooner paid. Commitment on default of distress. — With regard to this section, see the Stipendiary Magistrates Act, 1858 (21 <.V- 22 Vict. c- 73), s. 5, which is as follows : — " Section twenty-two of the Act of the session holden in the eleventh and twelfth years of Her Majesty, chapter forty-three, shall extend and be deemed to have extended to all cases in which it is returned to a warrant of distress issued under the authority of such Act for levying any penalty, compensation, or sum of money adjudged or ordered to he paid by any conviction or order, that no sufficient goods of the party against whom such warrant was issued can he found, where the statute on which the conviction or order is founded provides no mode of raising or levying such penalty, compensation, or sum of money, or of enforcing payment of the same, as well as to cases where the statute on which the conviction or order is founded authorises the issuing thereon of a warrant of distress." The term of imprisonment must now be regulated by the ^eale in section o of the S. J. Act. 1879, post. As to signing the warrant of commitment, see section 29, post, and note to section 21, ante. In Miyotti v. Colvilfe, 1.3 Cox C. C. 305; 4:i J. P. 620; 40 L. T. .-,22 ; 4 G. \'. D. 233; 58 L. J. < '. P. 695; 21 W. P. 744, it was held that a sentence of one calendar month's imprisonment expires on the day preceding that day which corresponds numerically in the next succeeding month with the day on which the sentence was passed. If there i- no such corresponding day in the next month then the sentence expires on the last day of that month, and so where a prisoner was on October :>lst sentenced to one month's imprisonment it was held that the month expired on November 30th. The imprisonment of a person does not necessarily begin from the day of the arrest or conviction, hut from the day on which he is lodged in gaol. Henderson \. Preston, 52 J. P. 759, 820; 21 Q. B. 360. See al-o an article in 52 J. 1'. 419. By the Prison Act. 1898 (61 & 02 Vict. c. 41), s. 12. in any sentence of imprisonment "month" shall, unless the contrary is expressed, mean " calendar month." As to expenses of commitment and conveyance to prison, see J.< verick v. J/> /<■r<>\ ides the alternative of imprisonment (without prior distress on non- payment of the penalty imposed. The term of imprisonment to be imposed must now be regulated in accordance with the scale in section ."> of the s ,|. .\.i, is?.', post. The warrant of commitment must 1"' sealed. 23. 11 d- 12 Vict, e. 43, s. 24. 103 As to who may sign it. see section 29, port, and note to section 22, Note , , to c Backing warrant. By section 3, ante, the provisions of 11 & 12 B £Ct. Vict. c. 41', as To backing warrants, are made to extend to warrants of commitment. A< viction under the Game Act, 1831 1 & 2 Will. 4, c 32 . s. 30, included four persons and adjudged each of them to forfeit and pay the sum of 21., and if the said sums be not paid that each of them so making default should be imprisoned for one month, unless the said several sums, and costs and charges of conveying each of them bo making default to gaol should be sooner paid: — Held, that the conviction made each defendant liable to be imprisoned until In 'hail paid the penalty, and the expense of conveying not himself only, but all the other defendants to gaol, and was therefore bad, and the power of amendment under the Quarter Sessions Act, 1849 1 _ & 13 Vict. c. 45 . s. 7. was not to be exercised : lieg. \. Cridland, 3 Jur. 1213; 7 E. & 11. 853; "-'7 L. J. M. < '. - Js : and a conviction of A. and B. for an assault, adjudging that they, A. and B., for their said offence, do forfeit the sum of, vV.>., and in default of payment be imprisoned for a certain time is bad, inasmuch as the penalty ought to be imposed on the parties severally, and not jointly: Morgan \. Broivn, 6 X. & M. 57; 4 Ad. & E. 515. And further as to joint and several offences, see note To section ■'>, ante. The warrant of commitment must be under seal, and it may be issued by any justice having jurisdiction see section -'.K post), and it maybe backed if the defendant be not foundwithin The jurisdiction. See section 3, ante. In Ex parte Allison, 24 L. J. M. C. 73 : 10 Exch. 561 : is J. P. 7Ki, the Criminal Procedure Act, 1853 16 & 17 Vict. c. 30 . s. (i. repealed, gives jurisdiction to the justice.- of the peace Bitting at a place where petty sessions are usually held To convict persons accused of certain assaults: Held, that a warrant of commitmenl in The general form under 11 & 1U Vict. c. 4o. i- sufficient with- out any allegation that The convicting justices were sitting at a place where ]>otTv sessions were usually held. In Eggintou v. Mayor of Lichfield, 24 L. J. Q,. B. 360; 1 Jur. 908; 5 E. & B. 100; 19 J. P. 819, it was held that a warrant not showing The jurisdiction of The justices under the statute, and not following The form in Part I. in 11 & 12 Vict. C. 4-'!, was had. 24. Provision wJiere the conviction orders imprisonment and /ml payment of a penalty, <>r where order is not for payment of money, but that some art shall he done, and for imprison- ment in case of default — Levy of distress lor Costs.] — Where a conviction does not order the payment of any penalty, bat that the defendant be imprisoned, or imprisoned and kept to hard 101 The Summary Jurisdiction Act, 1848. Sect, labour for his offence, or where an order is not for the payment 1 of money, but for the doing of some other act, and directs that in case of the defendant's neglect or refusal to do such act he shall be imprisoned, or imprisoned and kept to hard labour, and the defendant neglects <>r refuses to do such act, in every such case it shall be lawful for such justice or justices making such conviction or order, or for some other justice of the peace for the same county, riding, division, liberty, city, borough, or place, to issue his or their warrant of commitment [33 and 32], under his or their hand and seal or hands and seals, and requiring the constable or constables to whom the same shall be directed, to take and convey such defendant to the house of correction or common gaol for the same county, riding, division, liberty, city, borough, or place, as the case may be, and there to deliver him to the keeper thereof, and requiring such keeper to receive such defendant into such house of correction or gaol, and there to imprison him, or to imprison him and keep him to hard labour, as the case may be, for such time as the statute on which such conviction or order is founded as aforesaid shall direct; and in all such cases where by such conviction or order any sum for costs shall be adjudged to be paid by the defendant to the prosecutor or complainant, such sum may, if the justice or justices shall think fit, be levied by warrant of distress [24 and 25], in manner aforesaid, and in default of distress the defendant may, if such justice or justices shall think fit, be committed [31] to the same house of correction or common gaol in manner aforesaid, there to be imprisoned for any time not exceeding one calendar month, to commence at the termina- tion of the imprisonment he shall then be undergoing, unless such sum for costs, and all costs aud charges of the said distress, and also the costs and charges of the commitment and conveying of the defendant to prison, if such justice or justices shall think lit so to order, shall be sooner paid. Jurisdiction of justices. -The provisions of this section, so far as they relate to the issuing of the warrant <>f commitment, are similar to those in section 29, post. 11 t£ 12 Vict. c. 48. s. 25. 10* Sect. 24. The term oi imprisonment inu-t now 1"' regulated in accordance Note -with the scale in section 5 of the S. J. Act, 1879, post. ^ The warrant may be backed. See section 3, ante. As to costs adjudged to be paid by the conviction or order, Bee section 18, ante, and Forms [24, 25, and 31] of Consolidated Forms, post. Sec on this section, Ex parte Allison in note to section 2.J. ante. In R. v. //y the Secretary of State to say that he has had under his notice the case of a prisoner who was sentenced on the same day on two separate charges. < In one the sentence was three weeks' hard labour, and on the other a tine of 29s. or H days in default. The amount of the tine was paid in to the governor of the prison 16 days after the conviction; hut thi- payment did not benefit the prisoner, as the warrant of commit- ment for tlic three weeks ordered that this term should begin at the expiration of the term of 11 days, ami the latter had therefore been completed before the tine was paid. Much disappointment was caused to the persons who had collected and forwarded the money to the prison in the expectation that a reduction of the term of imprisonment would he thereby effected. The Secretary of State lias no reason to believe that similar cases are at all common in practice, but his attention having been drawn to some others that have occurred, he thinks it as well to mention the matter to you and to suggest that whenever two terms id' imprisonment are imposed at the same time, and one of them is in default of the pay- ment of a tine, this should be ordered to commence at the expiration of the other tenn, in order that more time should he given for the payment of the tine. •• I am. Sir. •• Your obedient servant. •• Kenelm E. Digby." 26. Where cosfs recoverable from prosecutor.] — Where any information or complaint shall be dismissed with costs as afore- said, the suin which shall be awarded for costs in the order for dismissal may be levied by distress [25] on the goods and chattels of the prosecutor or complainant in manner afore- said : and in default of distress or payment such prosecutor or complainant may he committed [31] to the house of correction or common gaol in manner aforesaid, for any time nut exceeding one calendar month, unless such sum. and all the costs and charges of the distress, unit of the commitment and conveyance of such prosecutor or complainant to prison (the amount thereof being ascertained and stated in such commitment), shall be sooner paid. [Words in italics are impliedly repealed by 12 & \-'< Vict. c. t9, s. 55.] Costs. These costs should be recovered as civil debts, see note to section IT of the S. J. Act, 1879, poet. 11 .( 12 Vict. e. 43, %. 27. 107 A- to the power to award costs to the defendant on dismissal of Note the in ton nation or complaint, see section 1 8, ante. procedure in their execution, see section 21 of the S. J. Act, 1879, i"-: f : Ihe treasurer <>t a county partly included within the metropolitan police district is, under 11 A: 12 Vict. c. VI. s. 26, liable to pay out ol the county rate expenses [which the prisoner has no means of paying) incurred by a metropolitan police constable in conveying prisoners to the county gaol under warrants of commitment made by justices of the county within the district, directed to the parish constable, and delivered to the metropolitan constable, under the Metropolitan Police Act, 1839 2 & '■'> Viet. c. 17 . -. 12; the orders for payment by the county treasurer being made by the enmity justices within the district, whether such committals are for trial upon charges of felony or misdemeanor or on remand, followed bj a committal or discharge, or upon summary conviction, in a penalty, with an adjudication of imprisonment in case of uon-payment. And the county treasurer is also liable to pay out of the county rate like expenses incurred under warrant- of committal made bj metropolitan police magistrates sitting at metropolitan police courts, whether such committals are in addition n> thoseabove mentioned) for refusing to enter into recognizances to keep the peace. Lt verick \. Mercer, 22 L. J. M. C. 81 ; 17 J. P. 196. 27. Execution after decision of appeal^ -After an appeal against any such conviction <>r order as aforesaid shall be decided, if the same shall be decided in favour of the respon- dents, the justice or justices who made such conviction or order, or any other justice of the peace of the same county, riding, division, liberty, city, borough, or place, may issue such warrant of distress or commitment as aforesaid for execution of the same, as if uo such appeal had been brought : ami if upon any such appeal, the court of quarter sessions shall order either party to pay costs, such order shall direct such costs to be paid to the clerk of the peace of such court, to be by him paid over to the party entitled to the same, and shall state within what time such costs shall lie paid ; and if the same shall not he paid within the time so limited, and the party ordered to pay the same shall not he bound by any recognizance c<>n- ditioued to pay such costs, such clerk of the peace or his deputy, upon application of the party entitled to such cost-, or of any person on his behalf, and on payment of a fee of one to A- t<> warrant- of distress, Bee sections 1!» and 20, ante, ami for Sect 26. 108 The Summary Jmisdiction Act, 1848. Sect, shilling shall grant to the party so applying a certificate [49] 27- that such costs have not been paid; and upon production of such certificate to auy justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, it shall he lawful for him or them to enforce the payment of such costs by warrant of distress in manner ; i foresaid, and in default of distress he or they may commit the party against whom such warrant shall have issued in manner hereinbefore mentioned for any time not exceeding time calendar jiimths, unless the a mount of such routs, and at/ costs and chin-yes ///' the distress, and also the costs of the commitment and conveying of the said party to prison, if such justice or justices shall think fit so to mder (the amount thereof being ascertained mid stated in such commitment), shall he sooner paid. The references (S. 1) and (S. 2) are eliminated from this section by the S. J. Art'. 1884, and the tonus (S. 1) and (S. 2) in the schedule to this Act are repealed by the same Act of 1884. For forms, sc S. J. Rules, 1886, post. The lust clause of this section (printed in italics' i> impliedly repealed by section ■'>■'> of the S. -I. Act. 1879, post. Costs. The :51st section of the S. J. Act, LSTit. sub-s. [5), post, provides that the Court of Appeal may make such order as to costs to he paid by either party as the court may think just. These a iste are to he paid to the clerk of the peace within a certain time to be named, and he is to pay them over to the party entitled to them. If the costs so ordered be not paid, and the party ordered to pay them is not bound by any recognizance conditioned for their pay- ment, the party entitled to the costs, by himself or his agent, may obtain from the clerk of the peace the certificate [49] herein men- tioned, and may proceed to recover the payment of the Costs in manner provided by this section and indicated further by sections 19 and 21, ante. A mistake in ordering costs to he paid directly to the party to the appeal instead of to the clerk of the peace under 1 1 & 12 Vict. <•. A'.'>, s. :>7, i- merely erroneous procedure, and not a defect of jurisdiction. //. v. Jiinney, 1 El. & B. 810; 22 L. J. M. C. 127; 17 Jur. 854; 17 J. P. 440; and /,'. v. Ely ■'■'.. 25 L. J. M. C. 1 ; 5 I- & B. -JN't: 1 Jur. 1017. An order under the Quarter Sessions Act, 1849 12 vV 13 Vict, c. 45), s. 5, for payment of the costs of appeal made in a court of quarter sessions dnecting thai the costs be paid to the clerk of the peace instead of to the successful party is good. Gay \. Matthews, I I; & S. 425; 32 L. J. M. C. 58; y Jur. 716; T L. T. 504; 11 W. R. 89, affirmed on appeal, 1 B. & S. 440; 33 L. J. M. C. 14; 27. 11 ,i 12 Vict. c. 43, 8. 27. 101? 8 L. T. 074; 11 W. R. 922. See also R. v. Peek, 20 I,. T. :;!>:;; :;:; Note j. P. 014. to In /.'. v. //.7/,Vr, 15 Juv. 901 : 21 L. J. M. C. .'5: 17 Q. B. 229 ; Sect. 1"> J. 1*. 675, <>n an appeal under the Alehouse Act, 1*28 (9 Geo. 4. c. 61), the sessions affirmed the conviction, and ordered appellant t«> pay the resjiondent justices their costs, and in case of default to lie committed until payment thereof : ll< Id, that though in conformity with section '_'<) ot above statute, yet it was a had order, since 11 & 12 Vict, c 43, s. 36, which repealed all statutes containing provision.-' inconsistent with it, and section 27 directs a different procedure for payment of costs to that in it Geo. 1. C. 61, and the words "such order" in section 127 refer to all ordersof magistrates out of sessions and appeals against such orders. In //. v. Huntley, 18 Jur. 745 : 23 L. J. M. C. 106 ; 3 E. & B. 172, it was held that the Poor Relief Act, 1743 (17 Geo. 2, c. 38), s. 4, empowering the quarter sessions, upon an appeal against a poor rate, to order costs to lie paid to the party in whose favour the appeal is decided, is not affected by 12 & l.'j Vict, C. 4.">, s. 5, and 1 1 & 12 Vict. c. 43, a. 27. The court of quarter session- should fix. the amount of costs in their order before the close of the session. II. v. /.(>«.'/, 1 Q. 15. 740: (i Jur. 98. If a court of quarter sessions, on appeal, directs costs to he given, and adjourns the court, it in- sufficient for the clerk of the peace, between the hearing and tin day of adjournment, to tax such costs, and on the day of adjourn- ment, when the order is drawn up, to insert in such order the sum ascertained by such taxation. A*, v. Hampshire •/•/., 33 L.J. M. < '. 104 : 9 L. T. 730; 12 W. R. 441, and R. v. Westmoreland .1.1. . 1 I). &L. 178; 12 L. J. M. C. 113; 7 Jur. 898. The court may also adopt the taxation of the clerk of the peace, and such taxation need not, therefore, take place in court. Freeman x. Until, ;» ( '. B. (x.s.) 301; 30 L. J. M. C. 123; 7 Jur. 546; 9 W. R. 141. The party against whom costs are given may consent to taxation of such costs after conclusion of the session, and the quarter sessions, therefore, in such a case give judgment nunc /ebtors Act. 1869. By section 31, sub-section 5, of the S. J. Act, 1879, the Court of Appeal may also make such order as to costs to be paid by either party, as the court may think just. Where a statute empowered the sessions to award "costs "to the party appealing or appealed against," and they ordered the informant to pay costs, although the Act directed notice to be given to the convicting justices and not the prosecutor, the Court of Queen's Bench granted a mandamus to the sessions to issue a distress warrant to enable the appellant to recover the costs from the informant. Lord TentekdeN', C.J., saying, "The question is. what is the meaning of the words -the party appealing and the party appealed against.?' The party appealing here is manifestly the party convicted : and if thai be so the informant is the only party who can satisfy the words the 'party appealed against.' He must, therefore, pay the costs if such be adjudged. ' But it would be a great anomaly to cans- a justice who acts bond fide in the discharge of his judicial duty to pay costs." R. v. Hants .1.1. . 1 B. & Ad. 692; R. v. Smith, 29 D. J. M. C. 216; s W. 11. 589; R. v. Purdey, 29 J. P. 132; 34 L. J. M. C. 4: 13 W. R. 75; 5 B. & S. 909; 11 L. T. 309; 11 .Jur. 153; B.v. David- son, 24 L. T. 22; 35 J. P. 500; and see R. v. Ooodall, 43 L.J.M.C. 119; L. l:. 9 Q. 1!. 557, where the prosecutor and convicting justices were named respondents to the appeal, both having notice thereof, but the justices did nol appear, and the sessions quashed the conviction and ordered the respondents, or seme or one of them. to pay costs of the appellant, and the appellant having brought up the conviction under section 18 of the Quarter Sessions Act, 1849 (12 iV 13 Vict. c. 45), to enforce payment of costs, the Queen's Bench quashed the order as far as it directed the justices to pay costs, and < !oce r.ri:x. < '..J., said. " The order must have 1 n drawn ii]) per incuriam, otherwise it does appear a most outrageous pro- ceedingfor the quarter sessions to take upon themselves to visit convicting justices with costs. Costs against Crown.— In R. v. Beadle, 7 B. >^ B. 492; 26 I,. .1. M. c. ill ; 3 Jur. 863, upon appeal against an acquittal for an excise offence under the Stage Carriage Act, 1832 (2 & 3 Will, -i, c. 120), s. 27 (which section is now repealed), the quarter sessions 11 ,(■ 12 Vict. c. 43, 8. 29. Ill dismissed the appeal (affirming the acquittal), and giving costs Note against the appellant : Held, that the court had no power to order t0 costs against the excise officer under the Quarter Sessions Art. 1849 s ^}- (12 & 13 Vict. c. 45), s. 5, because the Crown was not named J^_ therein. See also Moon \. Smith, 1 E. & B. 597 : 28 L. J. M. C. l'Jfi; 8 Jut. 892. 28. Payment of •penalty.']— In all cases where any person against whom a warrant of distress shall issue as aforesaid shall pay or render to the constable having the execution of the same the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of such payment or trader, such constable shall cease to execnte the sanx- : and iii all cases in which any perjaon shall he imprisoned as aforesaid for non-payment of any penalty or other sum he may pay or cause to be paid to the keeper of the prison in which he shall be so imprisoned the sum in the warrant of commitment mentioned, together with the amount of the costs, charges, and expenses (if any) therein also men- tioned, and the said keeper shall receive the same, and shall thereupon discharge such person, if he be in his custody for no other matter. The first part of this section appears to be re-enacted by section 4:5. sub-section 8, of the S. J. Act, 1879, post. A> to payment of the penalties to the clerk to the justices by the constable, gaoler, or keeper of the prison, see section 31, post. 29. Acts which may be done by one justice.'] — In all cases of summary proceedings before a justice or justices of the pear.' out of sessions upon any information or complaint as aforesaid it shall be lawful for one justice to receive such information or complaint, and to grant a summons or warrant thereon, and to issue his summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters pre- liminary to the hearing, even in cases where by the statute in that behalf such information or complaint must be heard and determined by two or more justices : and after the case shall have been so heard and determined one justice may issue all warrants of distress or commitment thereon ; and it shall not 112 The Summary Jurisdiction Act, 1848. Sect, be necessary that the justice who so acts before or after such 1 hearing shall be the justice or one of the justices by whom the said case shall be heard and determined : Provided always, that in all cases where by statute it is or shall be required that any such information or complaint shall be heard and determined by two or more justices, or that a conviction or order shall be made by two or more justices, such justices must be present and acting together during the whole of the hearing and determination of the case. As to the hearing of complaints and information, see section 12, ante, and notes thereon. Justices acting singly or together. — This section provides that only one justice is necessary to receive the information orcom- plaint. and to issue all process thereon, both before and after the hearing, and that he need not be one of the justices by whom the matter is heard and determined. The justice who giants a sum- mons upon an information under section 31 of the Vaccination Act of 1, 'post. Incases where the conviction is made by two justices, they must both sign the conviction (see p. 7s, ante) though one signature only is required to the distress warrant and commitment. The Consolidated Forms of 1886, post, only provide for the signa- ture of One justice, l'Ut sec Hume ( IfllCe letter, a- follows : — "Whitehall, SAW. "25th June, L896. '• Sir,— In reply to voiir letter of the 9th inst. inquiring whether in the opinion of the Secretary of State forms of conviction or ,,rdei of a court of summary jurisdiction should not he signed by two justice- forming such court, I am directed by Sir Matthew Ridley to acquainl you that he is advised that all convictions or orders of a couri of summary jurisdiction should be signed bj two of the 29. 11 ,( 12 Viet, c i;i, s. 30. 113 justices forming such court where two justices are required to Note convict or make such orders. t0 tcT cf Sect. "lam, Sir, •• Four obedient servant, (Signed) " ('HAKI.Es S. MURDOCH. '•The Chief Clerk, " Justice Room, '• Mansion House. London." 30. Fees of clerks of the peace — Penally on clerks taking other fees than those allowed.'] — The fees to which any clerk of the peace shall be entitled, shall be ascertained, appointed, and regulated in manner following ; (that is to say), the justices of the peace at their quarter sessions for the several counties, ridings, divisions of counties, and liberties throughout England and Wales, and the council or other governing body of every borough in England and Wales, shall, from time to time, as they shall see fit respectively, make tallies of the fees which, in their opinion, should be paid to the clerks of the peace within their several jurisdictions, and which said tables respectively, being signed by the chairman of every such court of quarter sessions, or by the mayor or other head officer of any such borough respectively, shall be laid before Her Majesty's principal Secretary of State ; and it shall be lawful for such Secretary of State, if he thinks tit, to alter such table or tables of fees, and to subscribe a certificate or declaration that such fees are proper to be demanded and received by the several clerks of the peace throughout England and Wales ; and such Secretary of State shall cause copies of such table or set of tables of fees to be transmitted to the several clerks of the peace throughout England and Wales within their several districts respectively ; and if after such copy shall he received by such clerk or clerks, he or they shall demand and receive any other or greater fee or gratuity for any business or act transacted or done by him as such clerk than such as is set down in such table or set of tables, he shall for- feit for every such demand or receipt the sum of twenty pounds, to be recovered by action of debt in any of the superior courts of law at Westminster, by any person who will sue for the S.J.A. I The Summary Jurisdiction Act, 1848. same : Provided always, that until such table or set of tables shall be framed and confirmed and distributed as aforesaid, it shall be lawful for such clerk or clerks to demand and receive such fees as they are now by any rule or regulation of a court of quarter sessions or otherwise authorised to demand or receive. Justices' clerk's fees. — As to fees in respect of a special case, &c, see 120 & 21 Vict. c. 43, s. 3, post. As to justices' clerks' fees generally, see now 40 & 41 Vict. c. 43 (The Justices' Clerks Act, 1877), post, also 14 & 15 Vict. c. 55, post, and 29 & 30 Vict. c. •")-, post. The whole subject of the duties of the clerk of the peace is very fully dealt with in " Arehbold's Quarter Sessions " (5th ed., by Sir Sherston Baker), pp. 78 — 111. Recovery of justices' clerk's fees.— A person making an application to a justices' clerk, and thereby initiating proceedings before the justices, renders himself liable to an action in the county court by such justices' clerk for the recovery of the fees allowed for such proceedings as have taken place in the table of fees issued under the Justices' Clerks Act, 1S77. Drew v. Harris, 14 J. P. 26; Ex purti' Reddish, 20 J. P. 101. In Wray v. Chapman, 14 J. P. 95; 14 L. T. 439; 19 L. J. M. C. 155; 14 Jui-. (iST ; 14 Q. B. 742, it was held that where the metro- politan receiver brought an action against the clerks to justices acting for a part of the metropolitan police district for which no police court had been established, for moneys payable to him as receiver under the Metropolitan Police Acts, and the defendants claim to retain as against him the fees payable to them for sum- monses issued on the application of police constables acting under the directions of the commissioners, and to which they were entitled under the Justices' Clerks' bees Act, 1753 (26 Geo. 2, c. 14), the defendants were not entitled to retain such moneys as againsi the receiver, but were entitled to demand payment of them from the constables. Who liable for such fees.— In Reddish v. Hitchinor, 48 L. J. M. C. 31 : 40 L. T. 65; 43 J. P. 41, a station master gave a person into the custody of a constable on charge of picking pockets at a railway station', mid he afterwards gave evidence before two justices, who convicted the prisoner under the Vagrant Act ot frequenting a place of public resort with intent to commit a felony : Held, that the station master was not liable for fees payable to the clerk to the justices in reaped of Mich conviction, the proceedings not being taken by him or for his own purposes. Fees in vagrancy cases. — In Neithrop v. Whitcoat, 9 L.T. 383, an order under the Parish Constables Act, L842 •"> & 6 Vict. c. 109), s. 17, on overseers requiring them to pay a sum of money to the superintendent of police for fees due to him is not supported by evidence that the fees were those really due to the clerk to the 30. 11 ,( 12 Vict. e. 43, s. 31. 115 justices in vagrant cases, and had been paid in the first instance Note to him by the superintendent, who sought the order as a means t0 of reimbursing himself. s ^ t * See further on the subject of this note 40 iV 11 Vict. c. 43, post. Further, with reference to this section, see Ex parti Uayward, a nt>. p. 77, in which it was held that a mandamus does not lie to the clerk to the justices to compel him to lodge with the clerk of the peace all summary convictions taking place before the justices, even though he may have- received the fees for drawing up such convictions allowed under section 30 of 11 & 12 Vict. c. 43 ; '■> B. & S. 546; 32 L. J. M. 0. 89; 27 J. P. 102; 9 Jur. 820; and sub mmi. Ex parU Clerk of tin Peact of Rochester, 7 L. T. 622. 31. Regulations as to payment, dc, of penalties, The Summary Jurisdiction Act, 1848. Sect, or justices shall have acted, and for which such treasurer shall 31 '. give him a receipt without stamp ; and every such clerk, and every such gaoler or keeper of a prison, shall keep a true and exact account of all such moneys received by him, of whom and when received, and to whom and when paid, and shall once in every month render a fair copy of every such account unto the justices who shall he assembled at the petty sessions for the division in which such justice or justices as aforesaid shall usually act, to be h olden on or next after the first day of every month, under the penalty of forty shillings, to be recovered by distress in manner aforesaid ; and the said clerk shall send or deliver every return so made by him as aforesaid to the clerk of the peace for the county, riding, division, liberty, city, borough, or place within which such division shall be situate, at such times as the court of quarter sessions for the same shall order in that behalf. Unclaimed penalties. — It is presumed that Form -, Tart III. of the S.J. Rules, 1886, is to be substituted for the Form T. originally given in the schedule to this Act, which is annulled by those rules, although table A. of those rules contains no reference to Form T. ; the newer form, however, appears only applicable to the clerk of tin court of summary jurisdiction. As to payment to the treasurer of the count}', &c, of unclaimed penalties and other sums, see 40 & 41 Vict, c 43, s. (i (The Justices' Clerks Act, 1877), post. Penalties, to whom payable. &c. — The effect of the Municipal Corporations Act, 1882 (45 & 4<>A'ict. c. 50, s. 221), ami the Railway Regulation Act, 1840 (3 & 4 Met. c. 97), is that penalties recovered under the latter section in a summary manner before a justice of a borough having a separate court of quarter sessions go to the borough and not tothe Crown. Attorney-' 'j 'mcrul v. Moore, :>s L. T. 251; L. 11. 3 Ex. D. 276; 42 J. P. 7: 17 L. J. M. C. 103; 26 W. E. 366. (Section 221 of the Municipal Corporations Act, 1835, i- similar in terms to section l(i of 5 iV. (i Will. 4, c. 76 {repealed), male]- which tliis case was decided). See this section in the Appendix, "post. By 11 >V 12 Vict. c. 43, s. 31, when a person is convicted by justices, and the statute contain- no direction.- for the payment of the penalties to any person, the penalties are to he paid over, on recover} by the clerk to the justice-, to the treasurer of the county, for which the convicting justices shall have acted; and the return therein mentioned is to hi' made by him to the clerk of the peace of 11 & 12 Vict. c. 43, 8. 31. 117 the county, &c, in which the division is situate, according to the Note directions of the court of quarter sessions. The municipal borough to mi l;., in the county of S., lias do separate commission of the peace, Sect, and no court of quarter sessions. The mayor and ex-mayor of U. 31. have jurisdiction in I!, as justices, and the justices of the county at large have concurrent jurisdiction. There is a treasurer for the borough. It was held that the justices in and for the borough acted as county justices, with their powers limited to a particular locality; and the word "borough" in section ;)1 of 11 & 12 Vict. c. 43, meant a borough which has a court of quarter sessions; and there- fore that penalties imposed by the justice- acting in and for the borough were to be paid to the treasurer of the county, and not to the treasurer of the borough. Reigatt v. Hart, 18 L. T. 237; :>-, L. J. M. C. 70; L. R. 3 Q. B. 244; 9 B. & S. 929; 16 \\". i;. 896. In Winn v. Mossman, L. R. 4 Exch. 492; 38 L. J. Exch. 203; 20 L. T. 072; :V3 J. P. 74:1; 17 W. R. 924. where justices of the borough which has a separate commission of the peace, but not a separate court of quarter sessions, in the exercise of their summary jurisdiction, imposed penalties for an offence against the general law, they act for the county, and the penalties must, under 11 & 12 Vict. c. 43, s. 31, be paid over by their clerk to the treasurer of the county or place to the quarter sessions of which the appeal from their decision lies, and it makes no difference that the borough has a separate commission of the peace. In TL> Receiver of tJu Metropolitan Polict Distri-ct v. Bell, L. R. 7 >f the Police Courts Metropolis] Act, and of 21 & 22 Vict. c. 73, and of 45 iV 46 Vict. c. oo. as relates to this section, post, in the Appendix. 20 The Summary Jurisdiction Act, 1848. Sect. 34. Lord mayor or alderman of London may act alone.']— '_ It shall be lawful for the lord mayor of the city of London, or for any alderman of the said city for the time being, sitting at the Mansion House or Guildhall Justice Rooms in the said city, to do alone any act, at either of the said justice rooms, which by any law now in force, or by any law not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be done by more than one justice ; and that nothing in this Act contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained in an Act passed in the third year of the reign of Her present Majesty, intituled "An Act for regulating the Police in the City of London" (2 & 3 Vict, c. xciv.). Jurisdiction of aldermen of city of London. — In Edwards v. Hodges, 15 C. B. 477 ; 3 C. L. R. 472; 24 L. J. M. C. 81 ; 1 Jur. 91 ; 19 J. 1'. 102, it was held that an alderman sitting at the Mansion House or Guildhall has not the power to Bend a metro- politan police constable to view deserted premises and to put the landlord into possession thereof which a police magistrate has by virtue of the Metropolitan Police Courts Act, 1840 (3 & 4 Vict, e. 84), s. 13. By the City of London Ballot Act, 1887, summary convictions for penalties under 35 & 36 Vict. c. 33, in regard to municipal elections in the city of London, shall not take place except before two magistrates of the said city, sitting at the Mansion Eouse or Guildhall Justice Rooms. See also 12 & 43 Vict. c. 49, s. 54, post. 35. To what proceeding this Ad shall not extend.'] — Nothing in this Act shall extend, or be construed to extend, to any warrant or order for the removal of any poor person who is or shall become chargeable to any parish, township, or place; nor to any complaints or orders made with respect to lunatics, or the expenses incurred for the lodging, maintenance, medicine, clothing, or care of any lunatic or insane person; nor shall anything in this Act extend, or be construed to extend, to any complaints, orders, or warrants in matters of bastardy made against the putative father of any bastard child, save and except such of the provisions aforesaid as relate bo the backing 11 of the S. J. Act, 1879, post, enacts that the S. J. Acts shall apply to informations, complaints, and other proceedings before a court of summary jurisdiction under the statutes relating to the Post Office, Inland Revenue, and Customs, In it with provision that when- the fine payable on conviction exceeds fifty pounds imprisonment in default may be for six months. Bastardy.- As to the levying of -urns under an order in bastardy or an order enforceable in the same manner, see section 54 of the S. J. Act, 1879, post. Post office. — By 47 & 48 Vict. c. 7 of the S. J. Act, 1N7!>, referring to offences under the statutes relating to the post office, for which a person is liable to forfeit a sum not exceeding 20Z. is repealed and all summary offences under the Post Office Acts are now recoverable under the S. J. Act. In the matters excepted from the operation of this statute, justices for adjoining counties cannot act in one for the other, therefore an order of removal of a pauper from Oxfordshire to Northampton- shire is bad which is made in Buckinghamshire. Ii. v. Tiffield, 22 J. P. 784. Order of Removal. — Again, an order for payment of costs of maintenance under an order of removal does not come within the exemption in this section, and therefore the limitation in section 11 applies. Collumpton v. Brighton, 3 L. T. 318; S. C. nam. Hill x. Thorncroft, 30 L. J. M. C. 52; 7 Jur. 1(1:3; 24 J. P. 741. And see note to section 6, ante. Further, with regard to this section, see the S. J. Act, 1SG3 (26 & 27 Vict. c. 77), s. 1, ante, in the notes to section 6 of this Act, and the cases there cited. 36. [^Repealed by Statute Law Revision Act, 1875.] 37. Extent of Act and saving.~\ — The town of Berwick-upon- Tweed shall be deemed to he within England for all the purposes of this Act ; but that nothing in this Act shall extend, or be construed to extend, to Scotland or Ireland, or to the Isles of Man, Jersey, Guernsey, Alderney, or Sark, save and except the several provisions respecting the backing of warrants contained in the Indictable Offences Act, 1848 ill & 12 Vict. c. 12). and incorporated into this Act, as aforesaid. 37. 122 The Summary Jurisdiction Act, 1848. Note Berwick-upon-Tweed. — This town was originally part of Scot- to land, but is now pari of the realm of England, and bound by Sect, an A. c tg f the British Parliament, whether specially named or otherwise: 20 Geo. 2, c. 42, s. 3 [The Wales and Berwick Act, 17-Kj). It is a county of a town corporate, and is no part of the county of Northumberland. See also 1!. v. Cowle, '1 Burr. 834. 38 and 39. [Repealed by Statute Laic Revision Act, L875.] Schedule repealed by Statute Law Revision Act, 1891. See Forms substituted by S. J. Rules, 1886, post. THE SUMMAEY JUEISDICTION ACT, 1879. 42 & L3 VICT. Cap. !:>. [Xote. — "While the headnotes to the various sections follow the Revised Edition of the Statutes, this Statute is printed in its original form, the portions repealed being in italics.] An Act to amend the Law relating to the Summary Jurisdiction of Magistrates. [Lltli August, 1879] Be it enacted by the Queen'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, as follows : — ■ 1. Short title.'] — This Act may be cited for all purposes as the Summary Jurisdiction Act, .1879. 2. Application of Act.] — This Act shall not extend to Scot- land or Ireland. 3. [Repealed ly r>7 i offence . and they may dispense with recognizances, &c, in certain cases. A new authority is hereby given to justices in their discretion to impose a line not exceeding 251. in cases where the statute only authorises them to impose imprisonmenl in the conviction. Tin- provision as to the reduction of a tine in this section is only intended to apply where parliament does net subsequently legis- late specifically i<> the contrary. In a case under the < lotton < 'loth Factories Act, 1889 (52 & ."»:; Vict. c. 62, -. 13), it was held that the specific offence there framed had been expressly taken out of the 42 ,('■ 13 Vict. c. 19, 8. 5. 125 scope of this section, and that the provision in thi> section as to the Note reduction oi a fine was only intended to apply where parliament t0 did not subsequently Legislate specifically to the contrary. Osborn Sect -4- v. Wood and Brothers, 41 Sol. J. 143; 61 J. P. 118; 66 L. J. Q. B. 178. A magistrate ha- no power to treat a second offence of keeping a dog without a Licence, as a first offence upon the ground that the prior conviction was not set out either in the information or sum- mons before him, when it is proved to him at the hearing that the defendant has been previously convicted. Murray v. Thompson, 58 L. .7. M. t '. 41. Generally as to mitigation of penalties by justices, see an article at <>l J. 1'. 131. See Rule 4 of S. J. Rules, 1886, post, as to appropriation of a fine under a statute. In the cas*' of an offence of keeping a carnage without a licence contrary to section '21 of the Customs and Inland Revenue Act. L869, in order to prevent such offence being dealt with as a first offence within the meaning of section 4 of the S. J. Act, ls7!», it is not necc-sary that the previous conviction should have occurred within the same year. Phillips v. Stephens, (J:! J. P. T S H. 5. Scale of imprisonment for non-payment of money.'] — The period of imprisonment imposed by a court of summary jurisdiction under this Act, or under any other Act, whether past or future, in respect of the non-payment of any sum of money adjudged to be paid by a conviction, or in respect of the default of a sufficient distress to satisfy any such sum, shall, notwithstanding any enactment to the contrary in any past Act, be such period as iii the opinion of the court will satisfy the justice of the case, but shall not exceed in any ease the maximum fixed by the following scale ; that is to say, — Where the amount of the sum or sums of money adjudged to be paid by a conviction, as ascertained by the The said period conviction. shall not exceed Does not exceed 10s 7 days. Exceeds 10s. but does not exceed £1 . . . .14 days. Exceeds £1 but does not exceed £5 . . . .1 month. Exceeds £5 but does not exceed £20 .... 2 months. Exceeds £20 3 months. And such imprisonment shall be without hard labour, except where hard labour is authorised by the Act on which the 126 The Summary Jurisdiction Act, 1879. Sect. 5. conviction is founded, in which case rlie imprisonment may, if the court thinks the justice of the case requires it, be with hard labour, so that the term of hard labour awarded do not exceed the term authorised by the said Act. This section enables hard Labour to be added to imprisonment for non-payment of a penalty if tbe Act authorising the conviction says that imprisonment with hard labour may be imposed as a punish- ment for the offence. /.'. \. TynemouthJJ., 50 J. P. 454 ; 16 Q. 15. 1). 647; 54 L. T. 386; oo L. J. M. C. 181. See also R. v. Turnbull, 82 Law Tin"* newspaper, 64. This section replaces in effect the Small Penalties Act [28 & 2itu ami Brown there quoted. As to general district rate, see note to section 22, post, and Southwarh and Vauxhall II""'' /■ ( 'o. v. Hampton Urban Council, 68 L. J. (>. B. 207. See section 19 of 11 and 12 Vict. c. 43, ante, and note, ami Bection 8, as to complaints for orders. The enforcement of affiliation orders is. by section 54, post, excluded from this section. An order for payment of a cab fare, although the Act said it was to be recoverable as a penalty, is new recoverable as a civil debt. 128 The Summary Jurisdiction Act, 1879. Note Reg. v. Kerswell and Others, Devon JJ., 11 T. L. E. 8 ; 64 L. J. M. C. to TO'; -jit J. P. 342. Sect. 6. A fine for the breach of a rule made under section 24 of 20 & 27 ~~ Vict. c. Bo (The Volunteer Act. 1863), is a sum of money recover- able on complaint before a court of summary jurisdiction, see 60 & 61 Vict. c. 47. Where a statute gives a right to recover expenses in a court of summary jurisdiction from a person who is not otherwise liable, there is no right to come to the High ( 'ourt for a declaration that the expenses may be recovered in a court of summary jurisdiction. Barrudoagh v. Brown, 62 .1. P. 275. Money due under an order to maintain a relation is merely a civil debt, and comes within the provisions of sections 6 and 35 of the 8. J. Act, 187!). /» re Gamble, 68 L. J. , sub-sections (2), (3), 1111(1(4), post. See Rule 12 of S. J. Rules, 1886, as to application of sum due under forfeited security. Form of security is given in Parts 1. and II. of the schedule to the rules. By Rule 15. the clerk of the court is to keep a security book. By Rule 16, notice is to be given to the principal of the forfeiture of the security. The notice is to be served as a summons under the S. J. Acts or by post. Rule 17 regulate.- the mode of applications to vary orders for sureties. See also Consolidated Forms [11. 12, 40], &c. Ride 7 of the S. J. Ride.-. 1886, is as to sums of which payment is deferred or to be made by instalment-, and Rule !» as to receipts by clerk. There may be a separate committal fur non-payment of each instalment. ' Evans v. Wills, 40 J. P. o,V_> ; 43 I, J." Q. R. 4'J0 ; 24 W. R. sn:5: 1 <'. P. I». 229; :14 L. T. 679. 8. Provision as to <<,*(* in tin case of small fines.'] — "Where a fine adjudged by a conviction by a court of summary jurisdic- tion to he paid does not exceed five shillings, then, except so far as t he court may think fit to expressly order otherwise, an order shall not lr made for payment by the defendant to the informant of any costs ; and the court shall, except so far as they think fit to expressly order otherwise, direct all t'v^ payable or paid by the informant to be remitted or repaid to him : the court may also order the tine or any part thereof to be paid to the informant in or towards the payment of ln's costs. With regard to the power of a court of summary jurisdiction to award costs in summary conviction.- or orders, see 11 & 12 Vict. c. 43, s. Is. ttnt> . See form of conviction in penalties [No. 11] of * onsolidated Forms, 1886, post, S..I.A. K 130 The Summary Jurisdiction Act, 1879. Note Theletterof the Secretary of State, infra, is worthy of attention: — to Sect. 8. «< Costs. Remission of. — [Summary Jurisdiction Act, 1879, sect. 8.) ' • A. 52 1 50. "Home Office, Whitehall, "23rd March, 1891. "Sir, — I am directed by the Secretary of State to acquaint you that his attention has been called to the fact that the provisions contained in section 8 of the Summary Jurisdiction Act, 1879, are frequently overlooked by magistrates in passing sentence on persons summarily convicted of trivial offences. The section enacts that where a tine inflicted by a court of summary jurisdiction does not exceed five shillings, an order shall not be made for payment of costs by the defendant, and all fees payable by the informant or already paid by him shall be remitted, unless tin court thinks fit expressly to order otherwise. The court may. moreover, order the whole or any part of the fine to be applied towards the payment of the informant's costs. "The enactment appears to the Secretary of Stale dearly to imply that the non-imposition of costs is the course that should he ordi- narily followed where the Hue imposed is not more than five shillings, and that an express order to the contrary should he made only when the justices have some special reason for so doing. But from the information before him the Secretary of State is led to believe that in many courts the express order for the payment of cost- is made as a matter of course, while the remission of tic justices' clerks' and the constables' fees is regarded as justifiable only in exceptional circumstances. The disproportion thus occasioned between the fine imposed and the costs payable by the defendant is, in his opinion, very much to lie deprecated as apt to give rise to a complete mis- conception of the principles on which justice should he meted out to offenders, lie is aware that the smallness of the fin. is frequently due to the comparatively heavy costs that have been incurred, and that it is not an uncommon practice for magistrates to deter- mine the amount of the tine to be paid by reference to the amount of the costs in the case. Defendant.-, however, may not he aware of this, or at least may not take it into consideration, and Mr. Matthews thinks that when a defendant i> required to pay as lees to a justices' clerk a sum very largely in excess of the penalty imposed on him in respect of the offence of which he has been con- victed, a not unnatural dissatisfaction is likely to be excited, which it would he very desirable to prevent. It seems to him that the course sanctioned by the enactment above referred to is the one that should ordinarily and apart from special circumstances he followed, and he has thought it right to bring the matter more particularly to the notice of court- of summary jurisdiction, in the hope of Lessening the Dumber of persons sent to prison for the non-payment of sums of money, the greater part of which is made up of costs, while it i- only a small proportion of the total that can properly he regarded a- the penalty tor the offence proved. 4-2 «(• 48 Vict. c. 4!), «. 9. 131 '• I am to add thai in estimating the quantity of work done by a Note justices' clerk as one of the matters to be considered in determining t0 the amount of salary to be paid to him, the amount of fees remitted Sect. 8. ought always to be taken into account no less tliau the amount of fees received. 1 am, &c, " I rODFEEY I iUSB I M.TOX. "The Chairman of the Justices for the Petty Sessional Division of ."' 9. Enforcing of recogniaane.es by court of summary jurisdic- tion^] — (1 .) Where a recognizance is conditioned for the appear- ance of a person before a court of summary jurisdiction, or for his doing some other matter or thing to be done in, to, or before a court of summary jurisdiction, or in a proceeding in a court of summary jurisdiction, such court, if t lie said recogni- zance appears to the court to be forfeited, may declare the recog- nizance to be forfeited, and enforce payment of the sum due under such recognizance in the same manner as if the sum were a fine adjudged by such court to be paid which the statute pro- vides no means of enforcing, and were ascertained bya conviction. Provided that at any time before the sale of goods under a warrant of distress for the said sum, the said court of summary jurisdiction, or any other court of summary jurisdiction for the same county, borough, or place, may cancel or mitigate the forfeiture, upon the person liable applying, and giving security to the satisfaction of the court for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or upon such other conditions as the court may think just. (2.) Where a recognizance conditioned to keep the peace or to be of good behaviour, or not to do or commit some act or thing, has been entered into by any person as principal or surety before a court of summary jurisdiction, that court or any other court of summary jurisdiction acting for the same county, borough, or place, upon proof of the conviction of the person hound as principal by such recognizance of any offence which is in law a breach of the condition id' the same, may by con- viction adjudge such recognizance to be forfeited, and adjudge k '1 132 The Summary Jurisdiction Act, 1879. Sect. 9. the persons bound thereby, whether as principal or sureties, or any of such persons, to pay the sums for which they are respectively bound. (3.) Except where a person seeking to put in force a recog- nizance to keep the peace or to be of good behaviour, by notice in writing, lvcpiires such recognizance to be transmitted to a court of general or quarter sessions, the recognizances to which this section applies shall be dealt with in manner in this section mentioned, and, notwithstanding any enactment to the contrary, shall not be transmitted, nor shall the forfeiture thereof be certified, to general or quarter sessions. (4.) All sums paid in respect of a recognizance declared or adjudged by a court of summary jurisdiction in pursuance of this section to be forfeited shall be paid to the clerk of such court, and shall be paid and applied by him in the manner in which fines imposed by such court, in respect of which fines no special appropriation is made, arc payable and applicable. This section will apply to recognizances to appear in an indictable case. Sub-section (1) applies to a recognizance taken before a police officer pursuant to section 38, post, to appear before a court of summary jurisdiction as well as to a recognizance taken before such court. The recovery of fines adjudged to be pant and ascer- tained by a conviction is provided for by section 21, sub-section (.'}), •post. With regard to sub-section '2 , -co 11 A: 12 Vict. c. 43, s. 31, and the notes thereon, ante: and as to snb-section (3), see 11 & 12 Vict. C. 4.*!. s. 20, in,f' . See tonus m Consolidated Forms as to recognizances [:j. 2>>, 38, and -11] ; and for forms applicable to sub-section (2), see Forms [3, 13, 2o, and 36]; and for the regulations as to securities taken under this Act. see section 23, post. In the case of corporations it is the practice to accept the recog- nizances of some member of the body, usually a director. Southern Counties Deposit /.'«///,■ \. l:<!) J. P. 536. A- to recognizance of married women, see note to section 21 of 11 & 12 Vict. c. 42, post. Surrender by surety. — A surety for the peace or for good behaviour cannot surrender his principal even though he fears a breach of the peace, but in case- of bad lor a person's appearance the sureties may re-seize him if they tear his escape, and take him before the justice or court, iy whom he may he committed, and thus 42 d 43 Vict. c. 49, s. 10. 133 the bail may be discharged from their recognizance, but he is at Note liberty to find new sureties. 2 Hale, 124—7 ; 12 Hawk. c. 1523; I 'om. to Dig. Bail, Q 2 ; and see Burn's " Justice," vol. i. ; o2 J. P. 653. Sect. 9. 10. Summary trial of children for indictable offences, unless objected to by parent or guardian.] — (1.) Where a child is charged before a court of summary jurisdiction with any indictable offence other than homicide, the court, if they think it expedient so to do, and if the parent or guardian of the child so charged when informed by the court of his right to have the child tried by a jury does not object to the child being dealt with summarily, may deal summarily with the offence, and inflict the same description of punishmeut as might have been inflicted had the case been tried on indictment : Provided that — (a.) A sentence of penal servitude shall not be passed, but imprisonment shall be substituted therefor ; and (b.) Where imprisonment is awarded, the term shall not in any case exceed one month ; and (V.) Where a fine is awarded, the amount shall not in any case exceed forty shillings ; and (d.) When the child is a male the court may. either in addition to or instead of any other punishment, adjudge the child to be, as soon as practicable, privately whipped with not more than six strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the parent or guardian of the child. (2.) For the purpose of a proceeding under this section, the court of summary jurisdiction, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the parent or guardian of the child, and then address a question to such parent or guardian to the following effect : " Do you desire the child to be tried by a jury, and object to the case being dealt 134 The Summary Jurisdiction Act, 1879. Sect, with summarily ?" with a statement, if the court think such 10. . . statement desirable for the information of such parent or guardian, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which the child will be tried if tried by a jury. (3.) Where the parent or guardian of a child is not present when the child is charged with an indictable offence before a court of summary jurisdiction, the court may, if they think it just so to do, remand the child for the purpose of causing notice to be served on such parent or guardian, with a view so far as is practicable of securing his attendance at the hearing of the charge, or the court may, if they think it expedient so to do, deal with the case summarily. (4.) This section shall not prejudice the right of a court of summary jurisdiction to send a child to a reformatory or industrial school. (5.) This section shall not render punishable for an offence any child who is not, in the opinion of the court before whom he is charged, above the age of seven years and of sufficient capacity to commit crime. For procedure, see sections 27 and 28, post. Section 49, post, defines the expression "child" to mean a person who, in the opinion of the court before whom he is brought, is under the age of twelve years. With regard to whipping, see the Whipping Act, L862 (25 & 26 Vict. c. 18), s. 1, post; and sec //. v. Viasarti, 30 J. 1*. 758, where it was held that justices may form their opinion from the appearance of the child or from evidence as to its actual age. Punishment of child. — Tinier this section, which authorises a court of summary jurisdiction to deal with a child for any indict- able offence (other than homicide), it only has the power to inflict the same description of punishment as might have been inflicted had the case been tried on indictment, except the punishment of whipping provided by section 1. sub-section d. Therefore, in cases where the court, after a conviction upon indictment, cannol line the offender under the statute under which the indictment was framed, a court of summary jurisdiction dealing summarily with a child will not have thai power, and it will be noticed that section I, ante, as to mitigation of imprisonment to fine, only provides for those cases where a court of summary jv/risdiction has power to impose imprison- • nt without a line. 4-2 dt 43 Vict. c. 49, 8. 10. 135 Depositions. —With regard to the necessity of taking ami filing Note depositions in cases under sections 10. 11. 12, and 13 of this Act, to the following correspondence, published in 45 J. P. 366, took Se <£- place: — . ' A question having arisen as to whether it is necessary in cases under the above-mentioned sections to take depositions of witness in writing and afterwards to file them with the clerk of the pear-, a letter was addressed to the Home Secretary, in the following terms : — "Boroueh Magistrates' Clerk's Office, ■• liuotle. 6th April. 1881. • •Sir.— T am directed by the justices of this borough to request your opinion and directions whether when the court assumes the power to deal Bummarily with indictable offences under sections 10. 11, 12, and 13 of the Summary Jurisdiction Act, 1879' it is neces- sary to take down the evidence in writing in all cases, and to tile the depositions with the clerk of the peace with the conviction or order of dismissal. See section 27. " The magistrates would also like to be informed if witnesses who attend court to give evidence in cases of indictable offences which are dealt with summarily, and are not called or examined as wit- nesses, can have their expenses allowed by the court, and be placed in the order of costs of prosecution. " I have the honour to be. Sir, '• Your most obedient servant. "Edwaed Cotton, •• Clerk to the Justices. " The Et. Hon. the Secretary of State, "Home Department." The following was the reply of the Home Secretary : — "Whitehall, 30th April. 1881. • • sir, — In reply to your- letter of the 0th instant making certain inquiries in regard to the requirements of the Summary Jurisdiction Act. I am directed to observe that the opinion of the Secretary of State upon questions of law i >r the construction of Acts of parliament is of no lejjal nor binding authority. •■ Sir William Harcourt has consulted the chief police magistrate, and he is advised that it is necessary to take and file depositions onlv when there is a ' dismissal of the information.' ' : The 27th section, sub-section 4. of the Summary Jurisdiction Act. 1879, shows what is meant by dismissal of the information, ' it is equivalent to an acquittal on indictment.' ••Trial by justices being substituted for trial by jury, the court ousht not to assume the power to deal with an offence summarily unless the evidence given raise a strong or probable presumption of guilt (11 & 12 Vict. c. 42. -. 25, see •• The liberation of a prisoner from custody does not necessarily imply that he is acquitted, but only that the charge against him has not been proved. 136 The Summary Jurisdiction Act, 1879. Note " An order of dismissal must not be transmitted to the clerk of to the peace, unless the court has assumed the power to deal with the Sect, offence summarily, and has found the defendant not guilty. 10. ■■ Persons who appear to give evidence, but who are not examined, cannot have their expenses allowed unless they attend in obedience to a summons or subpoena. " I am. Sir, " Your obedient servant, "A. F. O. Liddell. '• The Clerk to the Justices, " Bootle-cum-Linacre." The order of dismissal, and the accompanying documents, referred to in sub-section 6 of section 27, post, are only to be transmitted to the clerk of the peace in cases where the court of summary jurisdiction has assumed the power to deal summarily with the case as shown in sub-section 4 of section 27, post. See also sections 27 and 28, post. Forms 14, 21, and 45 of Consolidated Forms, 1886, are applicable to this section. As to Form [14], this must be signed and sealed by two justices, although the form in the Queen's printer's copy of the rules only provides for one signature and seal. The court* hearing cases under this section must be a petty sessional court. See section 20, sub-sections 1, 6, and S, post For punishment of children for summary offences, see section 4, ante, and section 15, post. The court under section 16, post, may, without proceeding to conviction, dismiss the information, and order the person charged to pay damages, not exceeding forty shdlings, and the costs, or either, and may discharge the offender upon security to appear for sentence when called on. or to he of good behaviour. But see the exception in that section as to adults pleading guilty. Capacity of infants to commit crime.— With regard to persons of immature years, the rule is that no infant within the age of seven years can be guilty of felony (Marsh v. Load* r, 1 1 W. 1!. 7*4; 14 C. *B. (k.S.) 53o), or be punished for any capital offence; for within that age an infant is by presumption of law dolt incapax, and cannot be endowed with any discretion, and against this presumption no averment can be received. (4 Com. Broom & Hadlev. 18.) This legal incapacity, however, ceases when the infant" attains the age of fourteen years, after which period his ad becomes subject to the same rule of construction as that of any other person. Between the age of seven and fourteen an infant is deemed (prima facie) to be doli incapax; but in this case malitia supplet cetatem applies. The word malitia is here used in its legal signification : " Malice, in the legal acceptation of the term, is not confined to personal spite againsl individuals, but consists in a conscious violation of the law to the prejudice of another." Per Lord Campbell, C.J., 9 Clark & Fin. 321. See also R. v. Haney, 42 dc 43 Vict. <■. 49, *. 10. 137 2 P>. & ('. 267, 268. A.< rdingly, at the age above mentioned, the Note ordinary legal presumption may be rebutted bystrong and pregnant to evidence of a mischievous discretion; for the capacity of doing ill s "t. and committing crime is not so much measured by years and days !_°_ as by the strength of the delinquent's understanding and judgment. In all such cases, however, the evidence of malice ought to be strong and dear beyond all doubt or contradiction. 4 Black. Com. •j:J. And two questions moreover ought to be left for the con- sideration of the jury, and should, therefore, be considered by justices summarily adjudicating upon an indictable offence under this section— [1] 1 >id the accused commit the offence: and (2) had he at the time of its commission a guilty knowledge that he was doing wrong? R. v. Given, 4 C. & P. 236. In the case of rape, however, it is a presumtio juris >> de jure, not admitting of proof to the contrary, that within the age of fourteen years this particular offence cannot, by reason of physical inability.' he committed. A. v. Phillips, 8 < '. & 1'. 736 : A. v. Jordan, 9 < '. & 1'. 11*: A. v. Oroombridge, 7 I '. & 1'. 582. But an infant under fourteen year- of age can !"■ convicted as a prin- cipal in the second degree to ;i rape 'A- v - Eldershaw, 3 C. & P. 396), hut not of an assault with intent to commit a rape. R. v. Phillips, supra. And where coining implements were found in the house occupied by a man. his wife, and child ten years of age, the jury was directed to acquit the child of a felonious possession. R. v. Booker, 2 Cox C. ( '. 272. In a case decided in 1629, an infant between eight and nine years of age was convicted of burning two barns in W indsor, and it appearing that he had malice, revenge, craft and cunning, he was executed. A', v. /' "/<, 1 Hale. 25. And see R. v. York, Foster. 70 : and A', v. Vamplen, 3 F. & F. 520 : cases of murder by infants under ten and thirteen respectively. See cases collected in 1 Euss. on Crimes. And as to the liability of an infant for mis- demeanor, see 4 Black. Com. 25. A child may, instead of being sent to an industrial school, be com- ■ mitted to the care of a relation or person named by the court, as provided in section 5 of 52 & 53 Vict. c. 44. See :>' & 58 \ ict.C. 41. s. 9. When a child is duly before a court of summary jurisdiction on a charge of larceny which is dismissed the court may. without any fresh summons or proceedings, make an order under section 14 of the Industrial Schools Act, 1866, sending him to an industrial school. R. v. Jennings and Another, Ex parte Symons, 12 T. L. R. 37 ; 65 L. J. M. ( '. 26. S. ('., A. v. D< vonshire JJ., 59 J. P. 756. Reformatory school. — A "child," as defined by this Act, cannot be sent to a reformatory school unless it i- proved that he has been previously convicted of an offence punishable with penal servitude or imprisonment. See the Reformatory Schools Act, 1893 (56 & .37 Vict. c. 48, S. 1). post, p. 139; also section 11, post, and notes to that section. There is no appeal against a conviction under this section, or under sections 11 and 12. See section 19, post, and definition of 138 The Summary Jurisdicticm Act, 1S79. Note "past Act" and " future Act" in section 49, post, and note to to section L2, post. Sect. p or forms of commitment, &c, to reformatories and industrial *■"■ schools, see Rule of 1895, and forms, post. 11. Summary trial of young persons.'] — (1.) Where a young person is charged before a court of summary jurisdiction with any indictable offence other than homicide (see (>2 & (i:i Vict. c. 22), the court, if they think it expedient so to do, having regard to the character and antecedents of the person charged, the nature of the offence, and all the circum- stances of the case, and if the young person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and in their discretion adjudge such person, if found guilty of the offence, either to pay a line not exceeding ten pounds, or to be imprisoned, with or without hard labour, for any term not exceeding three months : and if the young person is a male, and, in the opinion of the court, under the age of fourteen years, the court, if they think it expedient so to do. may, either in substitution for or in addition to any other punishment under this Act, adjudge such young person to be, as soon as practicable, privately whipped with not more than twelve strokes of a birch rod by a constable, in the presence of an inspector or other officer of police of higher rank than a constable, and also in the presence, if he desires to be present, of the patent or guardian of such young person. (2.) For the purpose of a proceeding under this section the court, at any time during the hearing of the case at which they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the young person charged, and then address a question to him to the following effect: " Do yon desire to be tried by a jury, or do you consent to the case being dealt with summarily r " with a statement, if the court think such statement desirable for the information of 4-2 a 43 Vict. c. 49, 8. 11. 139 the young person to whom the question is addressed, of the Sect. meaning of the case being dealt with summarily, and of the '_ assizes or sessions (as the case may lie) at which he will be tried if tried by a jury. (:5.) This section shall not prejudice the right of a court of summary jurisdiction to send a young - person to a reformatory or an industrial school. For procedure, see sections 27 and 28, j><>st, and section 4i», post, for definition of " young person." By th'- " Act to amend the law as to whipping of juvenile and other offenders," the Whipping Act. L861 (25 & 26 Viet. c. 18), s. 1, it is enacted that "where the punishment of whipping is awarded for any offence by order of one or more justice or justices made in exercise of his or their power of summary conviction, the order, sentence, or conviction awarding such punishment, shall specify the number of strokes to be inflicted ami the instrument to be used in the infliction of them, and in the case of an offender whose age does not exceed fourteen years, the number of strokes inflicted shall not exceed twelve, and the instrument used shall be a birch rod." Section 2. Xo offender shall be whipped more than once for the same offence. If any fine is imposed under this section it will be recoverable under the provisions of 11 & 12 Yiet. e. 43, SS. UK 22, "»/«, and section 5 of S. J. Act. 1879, ante. Reformatory schools. — By the 06 & 57 Vict. c. 48, s. 1 (The Reformatory Schools Act. L893), where a youthful offender, who, in the opinion of the court before whom he is charged, is le>> than sixteen years of age, is convicted, whether on indictment or by a court of summary jurisdiction, of an offence punishable with penal servitude or imprisonment, and either — (a) appears to the court to be not less than twelve years of age; or [6 is proved to have been previously convicted of an offence punishable with penal servitude or imprisonment, the court may. in addition to or in lieu of >rntencing him according to law to any punishment, order that he be sent to a certified reformatory school, and be there detained for a period of not less than three and not more than live years, so, however, that the period is such as will in the opinion of the court expire at or before the time at which the offender will attain the age of nineteen years. Provided that where the offender is ordered to be sent to a certified reformatory school he shall not in addition bo sentenced to penal servitude or imprisonment (62 & 63 Vict. c. 12). Section 2. Without prejudice to any other powers of the court, the court may direct that the offender be taken to a prison, or to any other place, not being a prison, which the court think- lit, and the occupier of which is willing to receive him. and be detained therein for any time not exceeding seven days, or in case of necessity tor a 140 The Summary Jurisdiction Act, 1879. Note period not exceeding fourteen days, or until an order is sooner to made for his discharge, or for his being sent to a reformatory Sect, school, or otherwise dealt with under this or any other Act; and *■*■ the person to whom the order is addressed is hereby empowered and required to detain him accordingly, and if the offender escapes he may be apprehended without warrant and brought back to the place of detention. 29 & 30 Vict. c. 118 — Industrial schools. — To an industrial school is liable to be sent any child (not previously convicted of felony) who. being apparently under the age of twelve, is charged before justices of the peace with having committed an offence punishable by imprisonment, or some less punishment ; or who, beinu- apparently under the age of fourteen, is brought before them as being found begging or receiving alms, or being in any street or public place for such purpose ; or as being found wandering with- out any home or settled place of abode, or proper guardianship, or visible* means of subsistence ; or as found destitute, either being an orphan or having a surviving parent who is undergoing penal servitude or imprisonment, or found frequenting the company of reputed thieves ; or whose parent or guardian represents that he is unable to control such child, and that he desires him to be sent to such a school. A child circumstanced as in any of the above cases may, if the justices think it expedient, be sent for such period as may seem necessary for his education and training to any industrial school, the managers of which are willing to receive him ; but not so as to extend the period of detention beyond the time when the child shall attain the aye of sixteen; beyond which age he cannot be detained, except with his own consent in writing. Under the Prevention of Cruelty to Children Act, 1894 (o7 iv 58 Vict. c. 41, s. 9). a child under tlie age of sixteen may, in lieu of being sent to an industrial school, be committed to the care of a relation or person named by the court. AVhen a "young person" is duly before a court of summary jurisdiction on a charge of larceny which is dis- missed, the court may, without a fresh summons or proceedings, make an order under section 14 of the Industrial Schools Art. 1866, sending him to an industrial school. Reg. v. Jennings and Another, Ex parte Symons, 12 T. L. E. :;7 ; 65 L. J. M. C. 26. S. C, Reg. v. Devonshire J J., •">!> .1. 1'. 7 ."><;. Elementary Education Act. — It has further been now pro- vided by the Elementary Education Act, 1876 [39 & 40 Vict. c. 79). that there may also be sent to an industrial school any child whose parenl has disobeyed an "attendance order" made by a court of summary jurisdiction. And by the 43 .V 44 Vict. c. 15, any child under the age of fourteen years that is Lodging or living with com- mon or iv] ,ut ed prostitutes, or in a house frequented by prostitutes fm- the purpose of prostitution, may be sent to a certified industrial school. If the house in which the 'child is found is one frequented by prostitutes, the magistrate is bound to make the order for removal to an industrial school, even though the child may be living with its mother, who is not a prostitute; and the consent of 42 ,i 43 Vict. c. 49, 8. 12. 141 Sect. 11. the mother to such removal is not necessary. Hiscocka v. Jermonscm, Note 52 L. J. M.c. 42- 48 L. T. 225; 31 \V. R. 656; 47 J. P. 183; 10 _ t0 Q.B. I). 360. Post office. — Any offence punishable on indictment under the Post Office (Protection) Act (47 & 48 Vict. c. 76.), whether it is or not also punishable on summary conviction, shall be deemed to be an indictable offence under the post office laws within the meaning of the hist schedule to the S. J. Act, 1n7!> : thi> section will therefore apply to such offences. By the Infant Felons Act, 1840 (3 & 4 Vict. c. 90). if an infant under the age of twenty-one shall he convicted of felony, any person willing to take charge of such infant may apply to the Court of i lhancery to have the care and custody of the child assigned to him, and if the court think that such a course will lie for the benefit of the infant, an order in accordance with the application may he made, and such order will be binding on the father and every natural guardian of the infant. The order will not, however, be allowed to interfere with the execution of the sentence. The court hearing cases under this section must be a petty sessional court. See section 20, sub-sections 1 and 68, post, and the fonii of conviction Consolidated Forms, 1886, post) must bear the signatures and seals of two justices. The 47 iV. 48 Vict. c. 43, s. 3, post, repeals certain obsolete punishments by whipping. There is no appeal against a conviction under this section. Se< note to sections 12 and in, post. By 57 iV 58 Vict. c. 41, s. 15, sub-S. 1, clause /- (Tin- Prevention of Cruelty to Children Act. 1894), a chili I whose evidence is received as thenin mentioned, and who wilfully gives false evidence, -hall he liable to he indicted and tried for such offence, and on conviction thereof may he adjudged such punishment a- is provided for by this section. See Forms [15 and i'l] of Consolidated Forms, LS86, and foi Reformatories and [ndustrial Schools Rule of 1895 and Forms therewith, post. 12. Summary trial of adult.~\ — Where a person who is an adult is charged before a court of summary jurisdiction with any indictable offence specified in the second column of the first schedule to this Act, the court, if they think it expedient bo to do, having- regard to the character and antecedents of the person charged, the nature of the offence, and all the circum- stances of the case, and if the person charged with the offence, when informed by the court of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, and adjudge such person, if found guilty of t lie 142 The Summary Jurisdiction Act, 1879. Sect, offence, to be imprisoned, with or without hard labour, for any 1 term not exceeding three months, or to pay a fine not exceeding wenty pounds. For tbe purpose of a proceeding under this section, the court, at any time during the hearing of the case at whicli they become satisfied by the evidence that it is expedient to deal with the case summarily, shall cause the charge to be reduced into writing and read to the person charged, and then address a question to him to the following effect : " Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily ? " with a statement, if the court think such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily, and of the assizes or sessions (as the case may be) at which he will be tried if tried by a jury. The court hearing cases under this section must lie a petty sessional court. See section 20. sub-sections 1, 0, and 8, post, and the form of conviction (15 Consolidated Forms. 1886, yes/), must Lear the signatures and seals of two justices. Section 10, post, defines the expression " adult'' to mean a person who. in the opinion of the court before whom he is brought, is of the age of sixteen years or upwards. Where under this section an adult consents to he dealt with summarily by a court of summary jurisdiction, and is con\ Lcted and adjudged to be imprisoned without the option of a tine, there is no appeal under the 19th section of this Actto quarter sessions againsl such conviction. /'<. 8. 13. 143 of summary jurisdiction with an indictable offence which is sect. specified in the first column of the first schedule to this Act, and is not comprised in the second column of that schedule, and the court at any time during the hearing of the case hecume satisfied that the evidence is sufficient to put the person charged on his trial for the said offence, and further are satisfied (either after such a remand as is provided by this Act or other- wise) that the case is one which, having regard to the character and antecedents of the person charged, the nature of the offence, and all the circumstances of the case, may properly be dealt with summarily, and may he adequately punished by virtue of the powers of this Act, then the court shall cause the charge to he reduced into writing and read to the person charged, and shall then ask him whether he is guilty or not of the charge : and if such person says that he is guilty, the court shall thereupon cause a plea of guilty to be entered, and adjudge him to be imprisoned, with or without hard labour, for any term not exceeding six months. (2.) The court, before asking, in pursuance of this section, the person charged whether he is guilty or not, shall explain to him that he is not obliged to plead or answer, and that if he pleads guilty he will be dealt with summarily, and that if he does not plead or answer, or pleads not guilty, he will be dealt with in the usual course; with a statement, if the court think such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily or in the usual course, and of the assizes or sessions (as the case may be) at which such person will be tried if tried by a jury. The court shall further state to such person to the effect that he is not obliged to say any- thing unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence against him upon his trial, and shall give him clearly to under- stand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession 144 '/'/<<• Summary Jurisdiction Act, 1H7!>. Sect. 13. of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat. (:!.) If the prisoner does not plead guilty, whatever he says in answer shall be taken down in writing and read over to him r and signed by a justice constituting or forming part of the court, and kept with the depositions of the witnesses, and transmitted with them in manner required by law, and after- wards upon the trial of the prisoner may, if necessary, be given in evidence against him without further proof thereof, unless it is proved that the justice purporting to have signed the same did not in fact sign the same. For procedure, see sections 27 and 28, post, anil Forms [1(5] and [40] of Consolidated Forms of 1886. See section 24, sub-section (1), post, as to power of a court of .summary jurisdiction to remand for indictable offences. The court hearing eases under this section must be a petty sessional court (see section 20. sub-sections (1), ((J), and (S), /tost), and the form of conviction [16], Consolidated Forms. 1886, post, must bear the signatures and seals of two justice.-. As to transmission of depositions, see 11 & 12 Vict. c. 42. s. 20, post, and as to depositions of witnesses for the defence called before justice-, see the I liminal Law Amendment Act, 1 S(>7 (30 & .'il Vict. c. 35 . s. •'!. post, in the Appendix. 14. Restriction on summary dealing ivith adult charged with indictable offence.~\ — Where a person who is an adult is charged before a court of summary jurisdiction with any indictable offence specified in the first schedule to this Act, and it appears to the court that the offence is one which, owing to a previous conviction on indictment of the person so charged, is punish- able by law, with penal servitude, the court shall not deal with the case summarily in pursuance of this Act. As to •• previous conviction," see note to section n;, post. \> to proof of ]ire\ Lous conviction, see 3 1 & '•>■'> Vict. c. 112, s. In (The Prevention of Crimes Act. Isti). The mode of proof under this section is in addition to. and not in substitution fur. any other mode of proving such previous conviction. There is a ili\ ersity of opinion as to whether a pre\ ious com iction mi. lei- the Criminal Justice Act, 1855(18 & 1!» Vict. c. L26), repealed as to England, or the repealed Juvenile Offenders Acts, or under 42 .1- 48 Vict. c. ill. g. 14. 1 15 this Act, would prevent the court from dealing summarily with Note the case. t0 The following question was submitted to Mr. Poland: — -'Whether Sect. the words ' on indictment ' in section 14 of the Summary Jurisdic- **• Act are to be taken literally, or whether they are to be deemed to include all previous convictions for indictable offences under the aled Criminal Justice Act and under sections 12 and Pi of the - .1. Act. Is7'.>. and also all like summary convictions for felony or otherwise under the repealed Juvenile Offenders Acts [10 & 11 Vict. c. 82, and 13 A: 14 Vict. <•. 37 and under sections 10 & 11 of the s. J. A.:, 1879." Mr. Poland's opinion quoted in 48 J. P. 297) was as follows: " I am of opinion that the words 'on indictment' are to he taken literally, and that they are not to be deemed to include the summary convictions referred to in the question." Mr. ivnnett, in the 31s1 edition of "Stone's Justices' Manual," p. 30, agrees with this view. See, however, the opinions of the Home Secretary ' l.- 'fin, is, 1st May, 1880) and of the editors of the Justici of tin Peat 18 .1. 1'. 669), that an off ender should not he dealt with summarily alter a conviction under this statute; and see treatises on this subject at iil J. P. 531, and 62 J. P. 380. A conviction i> proved either by the formal conviction being produced from the clerk of the peace's office or by an examined copy of it : but. by some statutes, a certified copy of such convic- tion, under the hand of the clerk of the peace, or his deputy (11. v. Parsons, '■'>'> L. J. M. C. 167 j, or other proof is allowed. Giles v. Siney, 13 W. 1!. 92; 28 J. P. 756. A- to certificates of previous convictions, the following corre- spondence i- posted at the Mansion House Justice Eoom : — •• Notice. •• ( '. rtificates of prt vious convictions ofprisorn rs committi dfor trial. " The following letter has been received from the Home Office :— •■ A 49542 3. Whitehall, 2nd April. 1889. "My Lord, — 1 am directed by the Secretary of State to acquaint ■ Lordship that he has had under his consideration the question whether it i- expedient to continue the practice under which the certificates of pre'v ious convictions of prisoners committed for trial. which are required for the court before which tic- indictment will be laid, have been procured by the prison authorities or pris officers. •• I; a].]. ear- to the Sei retary of State that the obtaining of this i ertificate is pari of the duty of the prosecution, and that, if so, it cannot lie the duty either of the prison authority or of the prison warder, hut it must be the duty of the prosecutor, and. consequently, of the police in any case in which a constable is hound over to ate. "Mr. Matthews will accordingly he glad if your Lordship will b ■_?ood enough to make it known as publicly a- possible, by printed notice in the city police courts or otherwise, as your lordship may S.J. A. L 14. 146 The Summary Jurisdiction Art, 1879. Note deem best, that in cases other than those in which tin polict an bound to ,,,■,/■ to prosecute it will l>< tin duty of private prosecutors to procure Sect. fj lt , certificates of conviction .of prisoners committed for trial, and that this change of practice will commence on and from April loth instant. " I have tin' honour t<> be, My Lord, " Y<>ur Lordship's obedient servant, [Signed) " < rODFEEY Lusktngton." "The Right Honourable tie Lord Mayor." This letter was amended on 20th July, 1889, as follows: — ■• Whenever the actual prosecutor is not represented by a solicitor, the certificates of conviction must be procured by the police in the same manner as when an officer of police is bound over to prosecute." In London School Board v. Harvey, 4 Q. B. D. 451 ; 48 L. J. M. C. 130 ; 27 W. R. 786, an order of a court of summary jurisdic- tion, under the Education Act, 1*7(5, imposing a penalty on a parent tor non-compliance with a previous attendance order, may lie proved in subsequent proceedings by the minute books of the court containing an entry of the order, and it is unnecessary to produce a copy of the order signed by the clerk of the peace or other officer of the sessions. As to the register of a court of summary jurisdiction, see section 22, jivd. Under the Salmon Fisheries Act, as to certificate of conviction, see 36 & 37 Vict. c. 71. 8. 11, and as to evidence of endorsement.- on licenses and register under the Licensing Acts, see 35 & 36 Vict. c. 94, s. .vs. 15. Hist rid ion on punishment of child for summary offence.'] — A child on summary conviction for an offence punishable on summary conviction under this Act or under any other Act, whether past or future, shall not be imprisoned for a longer period than one month nor fined a larger sum than forty shillings. With reference to this section, see section 10. sub-section (1), (ft) and (<•), ante. 16. Power of court to discharge accused without punishment.] — If upon the hearing of a charge for an offence punishable on summary conviction under this Act or under any other Act, whether past or future, the court of summary jurisdiction think that though the charge is proved the offence was in the particular rase of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment, \-l ,i 48 Vict. c. 49, 8. 16. 147 (1.) The court, without proceeding to conviction, may dismiss the information, and, if the court think tit, may order the person charged to pay such damages, qoI exceeding forty shillings, and such costs of the proceeding, or either of them, as the court think reasonable ; or, : The court, upon convicting the person charged, may discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as the court think reasonable : Provided that this section shall not apply to an adult convicted in pursuance of this Act of an offence of which he has pleaded guilty, and of which he could not, if he had not pleaded guilty, be convicted by a court of summary jurisdiction. This proviso refers to section 13, ante, relating to a summary conviction of an adult for an indictable offence on the plea of guilty. If the offence is an indictable offence, which is dealt with sum- marily under this Act, the form of conviction or of dismissal (IT and 22 Consolidated Forms, 1886] must hearth'' signatures and ~<-al- of two justices. also Form [25] of Consolidated Forme a- to warrants of distress on order tor money. For order of dismissal with damages Bee Form [22] of Consolidated Forms, post. There is a somewhat similar provision to sub-section 2 of this section in 50 & 51 Vict. c. 25 (Probation of First Offenders Act, L887 . post. A prisoner had been found guilty by a jury, and instead of being sentenced was put under recognizances to come up to receive .sentence when called upon: — Held, that upon proof of the above facte a "previous conviction" was proved. R. \. Alia Blaby, 63 L. J. M. C 133 : in T. L. II. o'il ; 5s .1. 1'. 576. Upon a charge of keeping a tin-' without a license justices have no jurisdiction to inquire whether the Commissioners of Inland Bevenue were right in refusing a certificate of exemption under section 22 of the Customs and Inland Bevenue Act, lsTs. The fact that in the opinion of the justices the certificate "light not to have been refused ls not a ground upon which the justices can hold that L 2 Sect. 16. 148 The Summary Jurisdiction Act, 1879. Note the offence is of so trifling a nature that it is inexped'ent to inflict to any punishment, and thereupon dismiss the information under this Sect, section. Phillips \. Evans, 65 L. J. M. C. 101 : 60 J. 1'. 120. 16. 17. Right to claim I rial by jury in case of offences otherwise triable summarily.'] — (1.) A person when charged before a court of summary jurisdiction with an offence, in respect of the commission of which an offender is liable ou summary con- viction to be imprisoned for a term exceeding three months, and which is not an assault, may, on appearing before the court and before the charge is gone into, but not afterwards, claim to be tried by a jury, and thereupon the court of sum- mary jurisdiction shall deal with the case in all respects as if the accused were charged with an indictable offence and nut with an offence punishable on summary conviction, and the offence shall as respects the person so charged be deemed to be an indictable offence, and, if the person so charged is committed for trial, or bailed to appear for trial, shall be prosecuted accordingly, and the expenses of the prosecution shall be payable as in cases of felony. (2.) A court of summary jurisdiction, before the charge is gone into in respect of an offence to which this section applies, for the purpose of informing the defendant of his right to be tried by a jury in pursuance of this section shall address him to the following effect : " 5Tou are charged with an offence in respect of the commission of which you are entitled, if you desire it, instead of being dealt with summarily, to be tried by a jury ; Do you desire to be tried by a jury ? " — with a statement, if the court think such statement desirable for the information of the person to whom the question is addressed, of the meaning of being dealt with summarily, and of the a .-sizes or sessions (as the case may be) at which such person will be tried if tried by a jury. This section shall not apply to the rn<<- of a child unless the parent or guardian of the child is present ; but the court shall ascertain whether the parent or guardian of the child is present, and if he is, shall address the above question to such 4-2 <0 4:3 Vict. c. 49, s. 17. 149 parent or guardian, and the claim under this section may be Sect< made by such parent or guardian. — 1 In the cases contemplated in this section, the court must address the defendanl to the effect mentioned in sub-section 2, with a state- ment if they think it desirable, of the meaning of being dealt with summarily, and of the assizes or sessions at which the defendant will be tried if tried by a jury. The Indictable Offences Act, 1848 .11 & 12 Vict. c. 42), s. 25, poat, and note thereon, deals with the particular sessions or assizes to which the committal for trial is to take place. A conviction under the Betting Act, 1853 [one of the cases contemplat d by this section), was quashed on the ground that the justices had nut, before going into tlie charge, informed tin- defendant that, if he desired it, he had a right to be tried bya jury. A', v. Cockshott and Others, Ex parti by, 11 T. L. R. 264; 62 J. 1'. 142; 67 L. J. Q. B. 407. This section only applies to offences punishable in the first instance by a term exceeding three months, and not to those punishable by a tine, which, in the event of non-payment, would render the defendant liable to the said term. Garh v. Elkington, 56 J. P. 359. In In re Lake, 46 J. P. 88, Lake was indicted before Mr. Justice I'owex for night poaching, armed with a pistol. It appeared in the course of the case that the accused claimed before the justi< - the option of being sent for trial under section 17 of the S. J. Act, 1879. The Act under which the offence in question was charged provides that the offender shall be liable to three months' imprison- ment, and then, in default of finding sureties, to an additional six months, and the justices read that to mean that he might be liable on the charge to nine months' imprisonment, and therefore gave him the option. His lordship, after consulting the Lord Chief Justice on the point, held that that was not the meaning of the section, and that, as the imprisonment in the first instance, irre- spective of imprisonment for default of sureties, was for three months only, it was not within the section, and the case ought, Eore, to have been dealt with summarily. In Williams v. Wynne, 52 J. P. 68. Grantham, J., said, "The clear meaning of the section is that it is not to apply to a case where the sentence in the first place could not be more than three months; the words only refer to the commission of the offence." It is the practice of the Central Criminal Court to pay the expenses of the witnesses attending before- the examining magistrate on production of the usual certificate oi expenses. In the (now annulled Rules of 1880, there was a form given (Xo. 32) for commitment of defendant who claims to be tried by a jury. The Consolidated Forms do not contain such a form. The following is a list of statutes in general use relating to cases in which the caution in thi will be required: — Army Act, 1881. 44 & 45 Vi !. c. 58, s. 153. 150 The Summary Jurisdiction Act, 1879. Note The Betting Act, 1853. 16 & 17 Viet. c. 119, s. 3. to Chimney Sweepers. 27 & 28 Vict. c. 37, s. 9. Sect. Chimney Sweepers (second offence). 38 & 39 Vict. c. 70, s. 19. *'• Criminal Law Amendment Act (second offence). 48 & 49 Vict. c. 69, s. 13. Destroying Fences (second offence). 24 & 25 Vict. c. 97, s. 25 (The Malicious Damage Act, 1861). Destroying Vegetable Productions in Gai'dens. 24 & 25 Vict. c. 97. s. 23 (The Malicious Damage Act, 1861). Embezzlement of Woollen Materials, &c. (second offence). 17 Geo. 3, c. 56, s. 1 (The Frauds by "Workmen Act, 1777). Explosives Act. 38 & 39 Vict. c. 17, ss. 79 and 91. Forging Pawnbroker's Certificate. 35 & 36 Vict. c. 93, s. 44. Forging Pedlar's Certificate (second offence). 34 & 35 Vict, c. 96, s. 12. The Gaming Act, 1845. 8 & 9 Vict. c. 109, s. 4. Infant Life Protection Act. 35 & 36 Vict. c. 38, s. 9. Killing Domestic Animals, &c. 24 & 25 Vict. c. 97, s. 41 (The Malicious Damage Act, LS61). Lotteries. 4 Geo. 4, c. 60, s. 67 (The Lotteries Act, 1823). Merchant Shipping Act. 57 & 58 Vict. c. 60 (see s. 680). Poaching (second offence). 9 Geo. 4, c. 69, s. 1 (The Night Poaching Act, 1828), (but not first offence, see WiUiamsy. Wynne, ante, p. 149). Prevention of Crime Act. 34 & 35 Vict. c. 112, s. 7. (Certain cases under s. 5 of this Act may require a caution under this section.) Prevention of Cruelty to Children. 57 & 58 Vict. c. 41, s. 1. Prison Officers, offences by. 28 & 29 Vict. c. 126, s. 38. Public Health (London). 54 & 55 Vict. c. 76, s. 47. Salmon Fisheries (third offence). 24 & 25 Vict. c. 109, s.S. 8, 9, 14, 17. See 28 & 29 Vict. c. 121. s. 56. Stealing Dogs. 21 & 25 Vict. c. 96, s. 18 (The Larceny Act, 1861). Stealing Animals. 24 & 25 Met. c. 96, s. 21 (The Larceny Act, 1861). Stealing Growing Trees (second offence). 24 & 25 Vet. c. 96, s. :;:; (The Larceny Act, 186V). Stealing Fences (second offence). 24 & 25 Vict. c. 96, s. 34 (The Larcenv Act. 1861). The Merchandise Mario Act. 1887. 50 A: 51 Vet. c. 28, s. 2; sub-s. (> of this section provides tor a similar caution. Tinier 38 & 39 Vict. C 86, S. 9 (The Conspiracy and Protection of Property Act, L875 . a workman has the option of being dealt with summarily or on indictment, and may declare en appearing /„■/,,,< tin court, that he objects to be tried for an offence under such Act before a court of summary jurisdiction, when he is to be dealt with in all respects a- if lie were charged w itli an indictable oll'ence. This section lay- imperatively upon justices the duty of informing the defendanl of his righl to trial by judge ami jury. When a defendant elects to !»■ indicted before a jury instead of 17 42 A 43 Vict. c. 49, *. 17. 151 being summarily dealt with, the indictment may contain an} charge Note w Inch i- covered bv the evidence in the depositions. Reg. v. Brown, to 11 T. L. R. o4; 64 L. J. M. 0.1. See also R. v. Fowler and Others, Sect. Ex parti Walters, 64 L. J. M. C. 9. 18. Imprisonment m cases of cumulative sentences not to exceed six months.'] — A court of summary jurisdiction shall not by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on :m\ prison imprisonment for the whole exceeding six months. This section appears to apply to all assaults, whether common or aggravated assaults, and to assaults on constables or peace officers. The words "on the same occasion" would appear to apply only to assaults committed at the same time and place. 19. Appeal from summary conviction to general or quarter sessions.] — Where, iu pursuance of any Act, whether past or future, any person is adjudged by a conviction or order of ;i court of summary jurisdiction to be imprisoned without the option of a fine, either as a punishment for an offence, or, save as hereinafter mentioned, for failing to do or to abstain from doing any act or thing required to be done or left undone, and such perso n is no t_other\vise au thorised to appeal to a court of general or quarter sessions, and did not plead guilty or admit the truth of the information or complaint, he may, notwith- standing anything in the said Act, appeal to the court of general or quarter sessions against such conviction or order : Provided that this section shall not apply where the imprison- ment is adjudged for failure to comply with an order for the payment of money, for the finding of sureties, for the entering into any recognizance, or for the giving of any security. The procedure on appeal is provided for by section 31, post. By section 3'2 (now in part repealed by the S. J. Act, 1884), where an appeal is given by any prior Act, the appellant could follow the procedure under that Act or the present Act (section 31). But in consequence of the repeal of a portion of section :5'_\ and the repeals in the schedule of the S. J. Act, 1884, all appeals against magis- trates' derisions (with certain exceptions, such as orders of removal, rating, appeals, &c.) will be under section 31, post. See Shingh r \ . s :i ,ith there quoted. 152 The Summary Jurisdiction Act, 1879. Note This section does not apply to cases dealt with under section 12 to of this Act, see R. v. London JJ., ante, p. 143, and it is assumed Sect - that the decision in that case will also apply to cases under sections 19, 10 and 11. The fact that the appellant when charged admitted an act of assault, but asked for the charge to be heard on the ground of mitigating circumstances, is not a simple plea of guilty debarring him from the right of appeal given under this section. Reg. v. Essex JJ., Ex parte stark, 61 L. J. M. C. 120. In the metropolitan police courts there is an appeal in every case of summary order or conviction before any of the said magistrates in which the sum or penalty adjudged to be paid shall be more than :$/. (exclusive of costs). R. v. Warwickshire JJ., 25 L. J. M. C. lit); 20 J. P. 693 ; 27 L. T. 23,3. See the table of appeals from decisions of magistrates not under the provisions of this Act, " Archbold's Quarter Sessions," pp. 585- 609 (5th ed.). Prior to the passing of this Act an appeal lay only when the statute on which the conviction was founded authorised it. For remarks and procedure on appeal, see section 31, }wst. 20. Court of summary jurisdiction to sit at a petty sessional or occasional court-house, dr.] — (1.1 A case arising under this Act, or under any other Act, whether past or future, shall not be heard, tried, determined, or adjudged by a court of summary jurisdiction, except when sitting in open court. (2.) Open court means a petty sessional court-house or an occasional court-house. [(3.) A petty sessional court-house means a court-house or other place at which justices arc accustomed to assemble for holding special (a- petty sessions, or which is for the time being appointed as a substitute for such court-house or place ; and where the justices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a petty sessional division means any such court-house or place (Repealed by 52 & 53 Vict. c. 63.)] (4.) An occasional court-house means such police station or other place as isappoiuted (as hereinafter provided) to be used as an occasional court-house. (."».) The justices of a petty sessional division of a county shall from time to time, at a sessions of which notice has been given to every justice of such division, appoint police stations or other places other than the p^tty sessional court-house, to be 12 ,i- 48 Vict. c. 49, 8. 20. 153 used as occasional court-houses, at which cases may be heard, Sect, tried, determined, and adjudged, and they may from time to time at such a sessions as aforesaid vary any police station or place so appointed, and shall cause public notice to be given in such manner as they think expedient of every police station or place for the time being appointed to be used as an occasional court-house. [(G.) A court of summary jurisdiction consisting of two or more justices when sitting in a petty sessional court-house is in this Act referred to as a petty sessional court. {Repealed by 52 i nni nary jurisdiction" now seethe Interpretation Act, 1889 (52 ^ 53 Vict. e. 63), s. 13, suh-s. 11, post, in the appendix, and for "petty sessional court," as above, sub-section 12, and for "petty sessional court-house," as above, sub-section 13. The effect of these seems to he that whenever a "judicial " act or one within the meaning of tic words "heard, tried, determined, or adjudged," is required to be done under any Act of parliament whatever by a justice or justices, such justice or justices form a court of summary jurisdiction, and must sit in open court. Petty sessional court-house. — In a borough which had a separate commission of the peace the mayor and a county justice used to sit at the town hall where they held petty and special sessions. Since this Act (section '10) the petty sessions hail been held at the county hall only, but latterly, since 17 & 48 Vict. c. 43, the justices again sat in the town hall : — Held, the town hall was a petty sessional court-house within the meaning of this section, being a place where justices were accustomed to assemble {Jones x. ■Itm<<, 5] .1. 1'. 198). For further definitions of the expression " court of summary jurisdiction," see /,'. v. Glamorganshire J J., til L. J. M. < '. l(ii>; 56 J. 1'. 232, t37 ; and Deputies of Freemen of Borough of Leicester v. Hewett, rs qualified their previous opinion, and expressed some doubt as to its accuracy. See also 53 J. P. 1S7. It may he here noticed that justices hearing indictable ca>es will now since the S. J. Act. L884, have to sit for that purpose in open court. Section 19 of 11 & 12 Vict. c. 42 (see note thereon, post), provided that the room or building in which the justices should take the examination in indictable cases should not be deemed to be an open court for that purpose. The law officers of the Crown advised on 1st December, 1884, that a justice when acting in relation to indictable offences is a " court of summary jurisdiction " (see 4S J. P. 831 ; and 78 L. T. Newspaper, 140). At 58 J. P. 722. a letter from the Home I Iffice is set out in which the Home Secretarv states " that his opinion on a question of Law is of no bmding validity, but that he is advised that a magistrate or magistrates investigating a charge of an indictable off ence under 11 & 12 Vict. c. 42, are not hearing, trying, determining, or adjudging a case within the meaning of section 20 of the S. J. Act, 1879, and are, therefore, not bound to examine the witnesses in open court." It is however clear that as no objection can he taken by the examination taking place in opt n court, the practice followed iii the metropolitan pobce courts and the justice rooms of the < 'ity of London is the safer one to adopt. The whole subject of sitting in " opt a '""rt " or with closed doors is set out at 60 J. P. 131. "With regard to the power of adjournment mentioned in sub- section 11, it is to be observed that in summary cases there does not appear to be any limitation of time to which the adjournment may be made, as in case of a remand under 11 & 12 \ ict. C. 42, s. 21, post, where a defendant may be remanded to prison for a period not exceeding eight clear days. In the metropolitan and ( Sty of London police courts the rule is never to exceed the period of eight clear days in remanding a 20. 156 Tlic Summary Jurisdiction Act, 1879. Note defendant in custody whether for an offence punishable on summary to conviction or for an indictable offence. Sect. _\ s to the power of a court of summary jurisdiction to remand for indictable offences which it has or may have power to deal with summarily under the circumstances mentioned in this Act, see section 24, post. 21. Special provisions as to warrants of commitment for non- payment of sum* of money, and as to warrants of distress.] — (1.) A court id' summary jurisdiction to whom application is made, either to issue a warrant of distress for any sum adjudged to be paid by a conviction or order, or to issue a warrant for com- mitting a person to prison for non-payment of a sum of money adjudged to be paid by a conviction, or in the case of a sum not a civil debt by an order, or for default of sufficient distress to satisfy any such sum, may, if the court deem it expedient so to do, postpone the issue of such warrant until such time, and on such conditions, if any, as to the court may seem just. (2.) The wearing apparel and bedding of a person and his family, and to the value of five pounds, the tools and imple- ments of his trade, shall not be taken under a distress issued by a court of summary jurisdiction. (3.) Where a person is adjudged by the conviction of a court of summary jurisdiction, or in the case of a sum not a civil debt by an order of such court, to pay any sum of money, and on default of payment of such sum a warrant of distress is authorised to be issued, and it appears to the court of summary jurisdiction to whom application is made to issue such warrant that such person has no goods whereon to levy the distress, or thai in the event of a warrant of distress being issued hisgoods will be insufficient to satisfy the money payable by him. or that the levy of the distress will be more injurious to him or his family than imprisonment, such court, instead of issuing such uarraiii of distress, may, if it think fit, order the said person, on non-payment of the said sum, to be imprisoned fir any period no! exceeding the period for which he is liable under such conviction or order to be imprisoned in default of sufficient distn S8. 42 <& 43 Vict. c. 49, s. 21. 1-"T ( t.) Where on applicatioo to a court of summary jurisdiction Sect. to issue u warrant for committing a person to prison for non- payment of a sum adjudged to be paid by a conviction of any court of summary jurisdiction, or in the case of a sum not a civil debt by an order of such court, or for default of sufficient distress to satisfy any such sum. it appears to the court to whom the application is made that either by payment of part of the said sum, whether in the shape of instalments or otherwise, or by the net proceeds of the distress, the amount of the sum so adjudged has been reduced to such an extent that the unsatisfied balance, if it had constituted the original amount adjudged to be paid by the conviction or order, would have subjected the defendant to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such con- viction or order, the court shall, by its warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term, instead of for the term originally mentioned in the conviction or order. Sub-section ■'; applies only to offences punishable by fine, or in default of payment, by imprisonment, not to offences for which the alternative punishments are Him- nr iiupii-'imn<-i;t. >.-._•/, 51 L. J. 140; 46 L. T. 482; 8 Q. B. D. 511. For procedureon the execution of distress warrants, see section 43, post This section partially supersedes sections 1!', 21, and 22 of the S. J. Act of 1848, and provides a more convenient procedur< . As to the discretion of justices to issue distress warrants, see It. v. German, 61 L. J. M. C. 43; 8 L. T. R. 26, where it was held that the justices were in their discretion entitled to receive affirma- tive evidence that the defendants possessed goods prima facii distrainahle, and in the absence of it, could not as of right becalled upon by the prosecutor to issue distress warrants. - e Forms [18, 24, 25, '-!!». and :)1] of the Consolidated Forms, 1886. In reference to this section, see also S. J. A.ct, 1884, 3. •"». 22. Register of court of summary jurisdiction.] — (1.) The clerk of every court of summary jurisdiction shall keep a register of the minutes or memorandums of all the con- victions and orders of such court, and of such other proceedings L58 The Summary Jurisdiction Act, 1879. Sect, as are directed by a rule under this Act to be registered, and _1 shall keep the same with such particulars and in such form as may be from time to time directed by a rule under this Act. (2.) Such register, and also any extract from such register certified by the clerk of the court keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a court of summary juris- diction acting for the same county, borough, or place, as the court whose convictions, orders, and proceedings are entered in the register ; but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence. (3.) The register kept by any particular clerk, in pursuance of this section, may be distinguished by the name of his petty sessional division, or by such name or description as may be directed by a rule under this Act. (4.) The entries relating to each minute, memorandum, or proceeding shall be either entered or signed by the justice or one of the justices constituting the court by or before whom the conviction or order or proceeding referred to in the minute or memorandum was made or had, except that when a court of summary jurisdiction is not a petty sessional court a return signed as aforesaid, and made and entered in the register in manner provided by a rule under this Act, shall suffice. (.").) Every sum paid to the clerk of a court of summary jurisdiction in accordance with the Summary Jurisdiction Acts, and the appropriation of such sum, shall be entered and authenticated in such manner as may be from time to time directed by a rule under this Act. ( 6. ) Every such register shall be open for inspection, without fee or reward, by any justice of the peace, or by any person authorised in that behalf by a justice of the peace or by a secretary of state. Proof is required in all cases of a second offence. Giles v. k 28 .1. P. 756: IS \V. R. 92. 22 42 ,c 43 Viet. c. ±9, s. -2-1. 159 Sub-section 2 may possibly be applied to oases such as repeated Note convictions, by the same court, of persons found drunk. See London t0 / Board v. Harvey. Ami -<■<■ not'- to section 14. ante. s ^ t - See S. J. Rules, 1886, Nos. 3-12, post. This Bection applies to proceedings taken under section 256 of the Public Health Act, 1875, for tile recovery of a general district rate made by an urban authority under that Act. See Sovthwark and VauxhaU Water Co. \. Hampton Urban Council, OS L. J. Q. B. 267. 23. Regulations as to securities taken in pursuance of Ac/.] — (1.) A person shall give security under this Act, whether as principal or surety, either by the deposit of money with the clerk of the court, or by an oral or written acknowledgment of the undertaking or condition by which and of the sum for which he is bound, in such manner and form as may be for the time being directed by any rule made in pursuance of this Act, and evidence of such security may be provided by entry thereof in the register under this Act of proceedings of a court of summary jurisdiction or otherwise as may be directed by such rule. (2.) Any sum which may become due in pursuance of a security under this Act from a surety shall be recoverable sum- marily, in manner directed by this Act with respect to a civil debt, on complaint by a constable or by the clerk of the couri directing such security to be given, or by some other person authorised for the purpose by that court or any other court of summary jurisdiction for the same county, borough, or place. (3.) A court of summary jurisdiction may enforce payment of any sum due by a principal in pursuance of a security under this Act which appears to such court to be forfeited, in like manner as if that sum were adjudged by a court of summary jurisdiction to be paid as a fine which the statute provides no mode of enforcing, if the security was given for a sum adjudged by a conviction, and in any other case in like manner as if it were a sum adjudged by a court of summary jurisdiction to be paid as a civil debt ; provided that before a warrant of distress for the sum is issued, such notice of the forfeiture shall be served on the said principal, and in such manner as may be directed for the time being by rules under this Act, and subject 160 The Summwy Jurisdiction Act, 1870. Sect, thereto by the court authorising the security, or by any court to whom application is made for the issue of the warrant. (4.) Any sum paid by a surety on behalf of his principal in respect of a security under this Act, together with all costs, charges, and expenses incurred by such surety in respect of that security, shall be deemed a civil debt due to him from the principal, and may be recovered before a court of summary jurisdiction in manner directed by this Act with respect to the recovery of a civil debt which is recoverable summarily. (5.) Where security is given under this Act for payment of a sum of money the payment of such sum shall be enforced by means of such security in substitution for other means of enforcing such payment. This section furnishes regulations for securities taken under this Act. These securities are those mentioned in section 7, the proviso to section 9, section 16, and section 31, sub-sections (3) and (4). The distinction between securities taken under this Act and recognizances must be borne in mind ; bail for a person committed for trial cannot be said to be a security under this Act. See l'.» .!. I'. 347. The rules relating to this section are S. J. Rule-. 1886] 14, 15, and In. See Forms [20, 40, 41, and 42] of Consolidated Forms, post. And as to civil debt procedure, section :;.'). post. As to securities by married women, see section 21 of 11 & 12 Vict, c. 42, post. 24. Power of court of summary jurisdiction to remand for indictable offences."] — (1.) Where a person is charged before a court of summary jurisdiction with an indictable offence, with which a court of summary jurisdiction has or may have under the circumstances in this Act mentioned power to deal sum- marily, the court before whom such' person is charged, without. prejudice to any other power thai it may possess, — (a.) may, for the purpose of ascertaining whether it is expedient to deal with the case summarily, either before or during the hearing of the case, from time to time adjourn the case and remand the person accused ; and 42 .(' 48 Vict. c. 49, *. 24. 161 (b.) if such court is not at the time of the charge a petty Sect, sessional court, and the court think the case proper to — ' he dealt with summarily, may adjourn the case and remand the person accused until the next practicable sitting of a petty sessional court. (2.) A person may be remanded under this section in like manner in all respects as a person accused of an indictable offence may be remanded under section twenty-one of the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-two, intituled " An Act to facilitate the performance of the duties of justices of the peace out of session within England and Wales with respect to persons charged with indictable offences," with this addition. that where he is remanded to the next practicable sitting of a petty sessional court he may be remanded for more than eight days. See section ii 1 of 11 & 12 Vict. c. 42, post. The power of remanding for more than eight days to the next practicable sitting of a petty sessional court is only to apply to those indictable cases with which a court of summary jurisdiction has or may have under the circumstances in this Act mentioned power to deal summarily. As, however, by section 27, sub-section I, post, ili.' procedure shall, until the court assume the power to deal with the indictable offence summarily, be the same in all respects a- it the offence were to he dealt with throughout as an indictable offence, difficurl to see how tins power of remanding for more than eighl days can he exercised until the accused person by his own action (or by that el' his parent or guardian in the case of a child) has given the court jurisdiction to deal summarily with the case. It certainly appears the safer course to remand for a period " not exceeding eighl clear days." But under sub-s< ction 1 6 a remand until the •■ aexl practicable sitting of a petty sessional court " may he Eor a longer period than eight clear days. her powers to remand for more than seven days under the Reformatory Scl Is Act, L893 [56 & 57 Vict. c. 48 . see note t<> section 11 of this Act, "///< . See Forms [36, -'IT. and 38] of Consolidated Forms, 1886, post; and a- tic procedure (by section i-'T, sub-section 1, post) is to he ■ until the courl decides to deal summarily' as if dealing with an indictable offence, and as by sub-section '_' of this section a person is to he remanded as if charged with an indictable offence, it seem- that the forms of recognizance mentioned in section 21 of 11 & 12 S..T.A. M 162 The Summary Jurisdiction Act, 1879. Note Vict. c. 42, post, may bo used as alternative forms with those t0 above quoted. Sect. 24. 25. Procedure, before court of summary jurtsatctwn in case of sureties to hc

ur may 1 >e required. ' ' Libellers may be bound to their good behaviour as disturbers of the peace, whether they be contrivers, procurers, or publishers of the libel ; for such libels and defamations tend to the raising of quarrels and the effusion of blood.'' Uaylcck v. Sparke, 1 E. & B. 471; 22 L. J. M. C. 07; 17 Jur. 731; 17 J. P. 202; and Phillips v. Gateshead J J., Law Tim'* newspaper, July l!»th, 1879. The court will not grant a certiorari to quash a recognizance to keep tli" peace, or to be of good behaviour, although the party so bound has recovered damages in an action for malicious prosecution against the exhibitant. R. v. Groves, 8 L. T. 311. But see as to quashing a recognizance irregularly taken. Bent v. Ingle, 66 Imiv Times newspaper, 138. There is a diversity of opinion as to whether a warrant in the first instance can be granted for threats, as by this section the power of a court of summary jurisdiction to adjudge a person bef »re it to enter into a recognizance and to find sureties is to be exercised by an order on complaint to which the S. J. Acts are to apply, and the 11 & 12 Vict. c. 43, does not authorise the issue of a wan-ant in the first instance upon a complaint. It is, however, considered by many magistrates that in grave cases, where serious personal violence following the threats may be apprehended, the authority given by the commission of the peace is sufficient to justify the issue of a warrant, and it may be mentioned here thai this course is adopted by the magistrates at Bow Street police court, London, and at the Mansion House and Guildhall Justice Booms. See the remarks on " Surety of the Peace" in "Stone's Justices' Manual" (:51st ed.), p. 89. As to I Irown ( Iffice practice in reference to articles of the peace, -■ e ' The Practice of the Crown Office," by Short & liellor, pp. 417, et seq. As to directing the treatment of a person imprisoned in default of finding sureties for the peace or good behaviour, see 60 & 61 Vict. c. 41. s. 6, post. M 2 L64 The Summary Jurisdiction Act, 1879. Note As to commission of the peace, see 11 & 12 Yict. c. 42, s. 1, post, t0 and form of commission there given. Sect. Before issuing the warrant of commitment, a copy of the minute 25 - of the order (signed by the clerk of the court) should be served on the defendant. See 11 & 12 Yict. c. 4o, s. 17, ante. As to what is a petty sessional court, and what is a court of summary jurisdiction, see section 20, ante. 26. Power of petty sessional court with respect to varying onlcr for sureties.'] — When a person has been committed to prison by a court of summary jurisdiction for default in finding sureties, any petty sessional court for the same county, borough, or place, may, on application made to them in manner directed by a rule made in pursuance of this Act, by him or by some one acting on his behalf, inquire into the case of the person so committed, and if upon new evidence produced to such court or proof of a change of circumstances the court think, having regard to all the circumstances of the case, that it is just so to dn. they may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as the court may think just. The mode of application under tlii- section is given in Rule 17 of th^ Summary Jurisdiction Rules of 1886, pa t. See Forms [4 and 4.'J] of Consolidated Forms, 1886, post. 27. Regulations as to indictable offences dealt with sum- marily.'] — Where an indictable offence is under circumstances in this Act mentioned authorised to be dealt with summarily, — (1.) The procedure shall, until the court assume the power to deal with such offence summarily, he the same in all respects as if the offence were to he dealt with throughout as an indictable offence, hut when so soon as the coiul assume the power to deal with such offence summarily, the procedure shall be the Mime from and after that period as if the offence were an offence punishable on summary conviction and not nil indictment, and the provisions of the Ac: relating to offences punishable on summary conviction shall apply accordingly : and 42 d 13 I'"/. '•• 49, 8. 27. 165 (2.) The evidence "of any witness taken before the court Sect, assumed the said power need not be taken again, but every such witness shall, if the defendant so require it, be recalled for the purpose of cross-examination ; and (3.) The conviction for any such offence shall be of the same effect as a conviction for the offence on indictment, and the court may make the like order for the restitution of property as might have been made by the court before whom the person convicted would have been tried if he had been tried on indictment ; and (4.) Where the court have assumed the power to deal with the case summarily, and dismiss the information, they shall, if required, deliver to the person charged a copy certified under their hands of the order of such dismissal, and such dismissal shall be of the same effect as an acquittal on a trial on indictment for the offence ; and (5.) The conviction shall contain a statement either as to the plea of guilty of an adult, or in the case of a child as to the consent or otherwise of his parent or guardian, and in the case of any other person of the consent of such person, to be tried by a court of summary jurisdiction ; and (6.) The order of dismissal shall be transmitted to and filed by the clerk of the peace in like manner as the convic- tion is required by the Summary Jurisdiction Act. 1 848, to be transmitted and filed, and together with the order of dismissal or the conviction, as the case may he, there shall be transmitted to and filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused. See sections 10, 11, 12, and 13, ante, as to the circumstances under ■which indictable offences are authorised to be dealt with summarily, 4iiid 11 & 12 Vict. c. 43, s. 1, et seq. ; and as to the procedure upon indictable offences, see 11 & 12 Vict. c. 42, post. Section 14 of 11 & 12 Vict. c. 43, ante, enacts that, when the conviction is drawn up by the justice or justices, in proper form 1G(> The Summary Jurisdiction Act, 1871*. Note under his or their hand and seal, or hands or seals, he or they shall to cause the same to lie lodged with the clerk of the peace to be by Sect, him filed among the records of the general quarter sessions of the *?• peace, hut see note to that section. "With regard to sub-section '■'>, it should be noted that the Larceny Act (24 & 2<3 Vict. c. 96), s. 7, imposed penal sen itude on the offence of simple larceny after a previous conviction of felony whetherupon indictment or under the repealed statute, the Criminal Justice Act, L855 (is & 1!» Vict. c. L26). A similar provision has not been made for a previous conviction under the S. J. Act, ]N7!>. Mr. Poland is of opinion that section 7 of the Larceny Act must be read as if sections 12 and 13 of the S. J. Act, 1ST!), were substituted for 18 & 19 Vict. c. 12(5 (48 J. P. 297). The order of dismissal referred to in this section must hear the signatures and seals of two justices. (See forms 21, 22, and 2:; Consolidated Forms, 1886, post.) See Forms [14, 15, 16, 21]. The forms under the S. J. Act, 1ST') (now annulled), provided (Form 41) a Form of Order of Restitution under sub-section '.) of this section. The ( 'onsolidaU'd Forms of 1886, post, do not contain a similar form. In order to encourage the prosecution of offenders it has been enacted by section 100 of the Larceny Act, 1861, 21 iv. 25 Vict. c. 96), as follows — As to Restitution and Recovery of Stolen Property : — If any person guilty of any such felony or misdemeanor as is- mentioned in this Act, in stealing, taking, obtaining, extorting, embezzling, converting or disposing of, or in knowingly receiving, any chattel, money, valuable security, or other property whatsoever, shall be indicted for such offence, by or on behalf of the owner of the property , or his executor or administrator, and convicted thereof, in such case the property shall he restored to the owner or his representative; and in every case in this section aforesaid the court before whom any person shall he tried for any such felony or mis- demeanor shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary manner. The 3rd sub-section of section 27 of the S. .1. Act, 1879, provides for the restitution id' stolen property on a summary conviction in like manner as might have been made hy the court if the offender had been tried on indictment. Sales of stolen goods not in market overt. — As a general rule a person who buys goods otherwise than in market overt, acquires no hotter title than that possessed by bis immediate \ endor, even though such purchaser buys bund fide, without notice of any infirmity of title on the part of such vendor, and therefore if they were sold by a person who found them the owner may recover them from the buyer, and if they were stolen the owner may recover them fn.m such purchaser, although the thief lias not hi en convicted* A- to this subject generally, see -'Addison on Torts," and •' < Litty on Contracts": and Hardman v. Booth, 1 11. iv. < '. mi-'!. 42 d 43 Vict. c. 49, s. 27. 107 Sect. 27. Market overt in the city of London means a sale by a shop- Note goods usually sold by him, and which are exposed for public in a shop therein, on every day except Sunday, but does not include a sale to a shopkeeper. Crane v. I. "mini, ■ ompany, 5 B. ^ S. 313. In the country, market overt is only held on certain customary days and at certain customary places. As to the sale of stolen horses in market overt, see statute 2 & 3 P. & M. c. 7. and 31 KHz. c. 12. Sales of stolen goods in market overt.— Under the repealed Btatute 7 & 8 Geo. i. c. 29, s. 57 [which was in similar terms to 24 & 25 Vict. c. 96, s. 100, above), it was held that the property in en chattel although sold in market overt re-vests in the owner on the conviction of the felon, though there has been no order of restitution by the court, and the owner may maintain trover for such chattel [Scattergood v. Sylvester, 15 < I. B. 506), Lord Campbeix, C.J., saying, " Tn this ease it is admitted that sale in market overt would be no answer to the action if an order of restitution had been made. We are now to determine what is the consequence of the want of such order. I In reference to the statutes we are satisfied that the property is re-vested on conviction. The order is not a condition precedent to the re-vesting of the pro- perty." See also Honoood v. Smith, 2 T. It. 7o<>. And goods innocently bought in market overt are the property of the purchaser till conviction of the thief , and the bondfidt purchaser cannot claim from the owner the cost'of the keep of animals so purchased by him. Walkei-v. Matthews, 8 Q. B. D. 105; 16 L. T. 915; 51 L J. Q. B. 243; 30 W. U. 338. Restitution. — The compensation of an innocent purchaser is pro- vided for by the Criminal Law Amendment Act, 1865 (30 A: 31 Vict, c. 35), section 9 of which enacts in effect that where any person shall he convicted, either summarily or otherwise, of larceny or other offence which includes the stealing of any property, and it shall appear that such property was sold by the prisoner to some person who bought it innocently, the court may order such a sum of money from that, if any. found on the prisoner on his apprehension as does not exceed the amount of the proceedsof such sale to he given to such innocent purchaser. The order of restitution may lie made against a person who purchased from the thief if the goods are in his possession at the time of conviction. The effect of a sale of stolen goods in market overt is to alter the property in them, to take it out of the original owner from whom the goods were stolen and to vest it in the purchaser and any person claiming under him. hut it re-vests in the original owner on the conviction of the thief, and he is then entitled to the order of restitution as against any person in whose possession it may then he. Horwood v. Smith, supra. But where property stolen from the plaintiff and sold by the thief to the defendant, but not in market overt, anil the plaintiff gave notice to the defendant of the felony, who afterwards but before the conviction of the thief sold the property in market overt, it was 168 The Summary Jurisdiction Act, 1879. Note held that the plaintiff might recover from the defendant. Peer v. to Humphry, 2 Ad. & Ell. 4!>5. In Lindsay v. t 'undy (1 Q. B. D. 348; Sect. 4,-, L. J. Q. 15. 381 ; 34 L. T. 314: 24 W. E. 370; and on appeal, 27 - 2 Q. B. D. 96 ; 4(5 L. J. Q. 15. 233 ; :5<5 L. T. 345 ; 3 Cox, 583 ; 25 W. R. 417 ; and on appeal to tin' House of Lords, 3 App. Ca. 459 ; 47 L. J. Q. B. 481; 38 L. T. 57:5 ; 14 Cox, 493; 26 W. R. 40(5), where by the nature of the false pretences the property in the goods rfoes noi poaa to the party so procuring them, the original owner may by action recover them from a /»<»<; fide purchaser from such party. There "A. Blenkarn," writing from Wood Street and signing " A. Blenkarn it Co." (hut so written as to look like -'A. Blenk- iron & Co."), ordered goods of plaintiffs, who being deceived by the signature sent the goods ordered, but at the same time supposed that they were dealing with "A. Blenkiron & Co.," an old-established firm in 'Wood Street. The fraud was discovered, and Blenkarn convicted of obtaining g Is by false pretences. Before such eom- viction he had sold some good- to defendants, who bought h<,n,i fidt and ignorantly of the fraud, and had themselves sold such goods to other parties. This was an action for conversion, and it was held that the plaintiffs intended to deal with " A. Blenkiron & Co.," and therefore there was no contract with Blenkarn, and therefore the property in the goods never passed from the plaintiffs, and that they were entitled to recover in such action. In B. v. -/'/. of Central Criminal Court, L. J. Notes, 12S (for 1886); 81 Law Times newspaper, August 2Sth, 1886, p. 291; 17 (\. B. D. 598; 5(5 L. T. Rep. 352; 50 J. P. 727; 51 J. P. 22!); 1(5 Cox C. C. 19(5, on an application for certiorari, to bring before the court an order of restitution on the ground that it was made without jurisdiction, it appeared that one F. had been convicted on February sth, L886, of obtaining goods on December KJth, 1885, by false pretences from Gr., and such i^oods were in the possession of ( '. II. & Co., on January 1st, 1886, and that < '. 11. & < 'o. in January sold them for los/. ( '.'II. & Co. were commission agents employed by the prisoner to sell the goods. On receiving the goods they had advanced 72/. to him upon them, and had subsequently sold them, holding the difference (30/.) at the time of trial. The court ordered C.H. &( '". to restore to G. ION/. The Larceny Act, 1861 (section 1), defines property to be not only the property originally in the possession of the owner, but also any property for which the same may have been converted or exchanged. It was held that Lindsay v. Gundy (supra did not decide that the definition of " property " in section 1 of the Larceny Act. 1861, did not apply to •• property" in section 100; but that it did not so apply to section 100 as to give the prosecutor a title to the proceeds of the goods in the hands of an innocent purchaser, who has bought and resold the goods before conviction. " If the goods stolen lie in the hands of the criminal or an agent holding tin- him. the application for restitution should be granted; hut if the person holding them does not hold for the criminal, then the application should not lie granted. We desire, however, to guard against thi- case being cited as authority for any 42 ,c 43 Vict. c. 49, s. 27. 169 other position than this, thai the court before which a person is Note convicted within the terms of the enactment has jurisdiction to t0 entertain an application for restitution of the proceeds of goods, b |ct. as well as the goods themselves. It must not be supposed that ^_ we hold the order was rightly made in point of law." In R. v. RoJ/e, 53 J. P. 823, it was held that a judge has no jurisdiction to make an order that certain pawn-tickets found when arrested on a person, who has been convicted and sentenced for uttering a forged bill af exchange, should be delivered over to the prosecutor, although there is reason to believe that thegoods repre- sented by the pawn-tickets were purchased by the proceeds of the forged bill. As to property in g Is bought with stolen money, see Cattley v. Lovmdes, 34 W. B. 139, and Delaney v. Wallia, 15 Cox, 525; as to an order of restitution against the purchaser of current coin stolen, see Moss v. Hancock, 68 L. J. M. C. 6.37: 6:5 J. P. .317. In Bentley v. Vilmont, V. parted with his goods to II.. induced to do so by the fraudulent representations of the latter, but under such circumstances that II. acquired a valid title to the goods, unless and until the contract was set aside for fraud. V. prosecuted H. to conviction for obtaining goods by false pretences. Before conviction, the goods were pledged and sold to B., an innocent purchaser, without notice of the fraud, who therefore, apart from the conviction of H., acquired a good title to the property: — Held, overruling Moyce v. Newington, 4 Q. B. D. .'32; 14 Cox, 182; 48 L. J. Q. B. 12.3 ; 39 L. T. 535 ; 27 W. B. 319, that the effect of 24 & 25 Vict. c. 96, s. 100, was to re-vest the property in V., and to entitle him to restitution on conviction of IL, 51 J. P. 436 : .32 J. P. 68 : 83 Law Times newspaper, 27-*i ; 12 App. Cas. 471 ; 57 L. J. Q. B. 18; 3 T. L. B. 824. Since the decision of this case, the Sale of Goods Act. 1893 (.36 & .37 Vict. c. 71}. by section 24, re-vests the property in stolen goods on conviction of the offender in "the person who was the owner of the goods, or his personal representa- tive, notwithstanding any intermediate dealing with them, whether by sale in market overt or otherwise." See hereon Reg. v. Koenig, 58 J. P. 641, and 58 J. P. 288. The whole question is very ably set out in Ker and Pearson-I ice's " Sale of I roods Act." Provision as to valuable and negotiable securities. — The above section of the Larceny Act, 1861, also contains a proviso as follows:— Provided, that if it shall appear before any award or order made that any valuable security shall have been bona fide paid by some person* liable to pay. or being a negotiable instrument shall have been bond fid\ taken by some person for a valuable consideration, without any notice or without reasonable cause to suspect that it had been stolen, &C, in such case the court shall not award restitution of such security: Provided that nothing in this section shall apply to prosecutions of trustees, bankers, &c. This proviso is for the protection of bond fide holders for value; the property is not restored to the original owner in such cases. 170 The Summary Jurisdiction Act, 1879. Note Chichester v. Hill, -17 J. P. 324 : 31 W. R. 245 ; o'l L. J. Q. B. 150; to 48 L. T. 364; 15 Cox, I '. I '. 25S. Sect. Protection of purchasers. — J'.y the < 'riminal Law Amendment 27, Act, 1865 [30 & 31 Vict. c. 35 . s. 9, post [Appendix), it is provided that where any prisoner shall be convicted, either summarily or otherwise, of larceny or other offence which includes the stealing of any property, and it shall appear to the court by the evidence that the prisoner has sold the stolen property to any person, and that such person has had no knowledge that the same was stolen, and that any moneys have been taken from the prisoner on his appre- hension, it shall be lawful for the court, on the application of such purchaser, and on the restitution of the stolen property to the pro- secutor, to order that out of such moneys a sum not exceeding the amount of the proceeds of the said sale be delivered to the said pur- chaser. And upon this section see //. v. Lovett, 11 Cox C. C. 602, where it was observed that the powers given by this section must be exercised with great caution on account of the tendency to arrangements in the nature of compounding a felony. Bythe Prosecution of Offences Act, 1879 [42 & 43 Vict. c. 22, s. 7, post, in Appendix", a prosecution by the Director of Public Prosecutions is to have the effect of a private prosecution as to enforcement of any right or claim to restitution of property, &c. See also the Pawnbrokers Act, 1872 (35 & 36 Vict. c. 93 , s. 30, sub-section (2). providing that if a person is convicted (1) sum- marily of unlawfully, knowingly, and designedly pawning goods; (2) Tn any couit of stealing or obtaining goods and afterwards pawning them ; (3) If it appears to the court of summary jurisdic- tion that any goods have been unlawfully pawned, the court may order the good> to be given up to the owner, with or without payment of the whole or part of the sum advanced Further, as to restitution of stolen goods, see an article in 52 J. P. 65. See also the Metropolitan Police Courts Act, 1839 (2 & 3 Vict, c 71 . ss. 27, _ s . and 29, as to power in the metropolitan police district to older possession of stolen propertv, and /<'. v. D'Eyncourt, 52 J. P. 628; 07 L. J. M. C. 67; L. R. 21 Q_. B. D. 109. As to power to make orders with respect to property in the j, issession of the police, see {poet, Appendix), which deal with the costs of the prosecution of felonies and certain specified misdemeanors. There dues not appear to be any power under this section to include a fee for the prosecuting solicitor. See the opinion of the editors of the Justice of the Peace, ~>l J. 1'. 379. The orders of Secretary of State Sir George Grey as to allow- ances to prosecutors and witnesses made under that Act are also given in the Appendix (post). See also the Criminal Justice Administration Act, 1851 (14 & 15 Vict. c. 55), s. 2 [post, in Appendix) ; the Offences against the Person Act, 1861 (24 & '2.', Vict. c. 100), ss. 4'_\ -Hi, 52, and 77 (as to assaults). Brothel-house keepers — Costs — Optional course to prose- cutors. -By 48 & li» Vict. c. 69, s. 13, dealing with summary proceedings against brothel-keepers, it is provided that the Dis- orderly House-, Act, 1751 (25 Geo. 2, c. 36), ss. 5, use, in consequence of which A. 1!. was prosecuted to conviction, it is necessary in order to recover the sum of 10/. from the overseers that the prosecution should have been conducted by the parish constable; and, therefore, where the two inhabitants conducted it, it was held that they were not entitled to the reward. By section 13 of the Criminal Law Amendment Act, 1885 (48 «t 49 Vict. c. 69), the directions contained in 25 Geo. 2, c. 36, s. 6, for the arrest of a person accused by two inhabitants of a parish, of keeping a disorderly house, are applicable to summary proceedings under the Criminal Law Amendment Act. It. v. Newton and Others, 61 L. J. M. C. 121. The statute 2-3 Ce... 2. c. 36 (The Disorderly Houses Act, 1751). provides (section .3) that where any two scot and lot inhabitants of any parish or place give written notice to a constable or peaceofficer of such parish or place that a person therein is keeping a bawdy house, the constable, &c, shall forthwith go with such inhabitants to a justice, and upon the two inhabitants swearing to the truth of such notice, and being bound in 20/. each to give or produce material evidence against the accused, lie (the constable) shall enter into recognizance in 30/. to prosecute the accused at such court of sum- mary jurisdiction at which tin' trial of the said charge shall he fixed I" take jiln'i ; and he is to he allowed reasonable expenses of the prosecution, ascertainable by two justices, and to he paid by the overseers; and in case of conviction the overseers shall pay 10/. to each of the two inhabitants, or in case of refusal shall forfeit double the said sums (section 6). The justice, on the constable becoming bound to prosecute, shall forthwith issue a warrant to apprehend the accused, and bind him over to appear at the courl of summary jurisdiction where the trial is to take place, taking security lor his good behaviour (if necessary) in the meantime (section 7). The constable neglecting or refusing to become hound, or being wilfully negligent in such prosecution, shall Eorfeil 201. to each of the two inhabitants. By the Disorderly Eouses Act, 1818 (58 Ceo. 3. c. 70), s. 7. the written notice on the constable is also to he served on the overseers or one of them, and the overseers shall have the like notice to attend before a justice a- the constable; and if the overseers or one of 4-2 d 43 Vict, c. 49, *. 29. 173 them become bound to prosecute, then the constable need not be Note bound; but it' the overseers or overseer neglect to attend before the t0 justice after ootice, the constable shall become bound and prosecute s |«- as aforesaid. '. Ls to the meaning of "conviction," see Burgas v. Boetefeur and Brown, 8 Jur. 621 ; 7 M. & G. 481 : 13 L. J. M. C. 122; 8 Scott, N. B. l!»:b where < oi.tmax. J., in giving judgment, said, " Looking to the object which the statute hud in view, it seems to me that there must be a conviction followed up by a judgment of the court to entitle the inhabitant to the reward. It is for the benefit rendered to the parish by driving improper persons out of it that the reward is given, and this ooject is not attained unless the offenders are prosecuted to judgment." And < 'kesswell. J., said, ■■ A verdict not followed by judgment might be wholly ineffectual to put down the nuisance complained of. Then-are many analogous statutes which provide that reward- shall be given to persons prosecuting felon- to conviction. In all such cases it is perfectly dear that conviction mean- judgment. I think the same construc- tion applies here." Tixhal. L.C.J., pointed out that any other construction would open the door to fraud upon the overseers in respect of the reward. This case was distinguished in Jephson y. Barker, ■> T. L. R. 40, where it was held that when the keeper is bound over to come up for judgment when called upon this i- a sufficient conviction to entitle the inhabitant- to the reward. See i Sutton v. Bishop, 1 Wm. Black. 655; 4 Burr. 2283. It seems that in dealing summarily with a charge of newspaper libel under -H & 45 Vict. c. 60 Th< Newspaper Libel and Registra- tion Act, 1 S M . -. 5, a court of summary jurisdiction has power to order defendant on conviction to pay costs under 11 & 12 Vict. c 13, s. I s . an Form [48] of Consolidated Forms, l s ^u. post. 29. Power of the Lord Chancellor to inch rules.] — (1.) The Lord Bigb Chancellor of Great Britain may from time to time make, and when made rescind, alter, and add to, rules in rela- tion to the follow in-- matters, or any of them ; that i- to say, (a.) The' giving security under this Act ; and (b.) The forms to be used under the Summary Jurisdiction Acts, or any of them, including the forms or any recognizance mentioned in this Act ; and The costs and charges payable under distress warrants issued by a court of summary jurisdiction ; and ('/.) Adapting to the provisions of this Act and of the Summary Jurisdiction Act, 1848 [11 & 12 Vict. c. 43], the procedure before courts of summary juris- 174 The Summary Jurisdiction Act, 1879. Sect. diction under any Act passed before the Summary J^L .Jurisdiction Act, 1848 [11 & 12 Vict. c. 43] ; and (c.) Regulating the form of the account to be rendered by clerks of courts of summary jurisdiction of tines, fees, and other sums received by them, and providing for the discontinuance of any existing account rendered unnecessary by the aforesaid account ; and (/.') Any other matter in relation to which rules are authorised or required to be made under or for the purpose of carrying into effect this Act. (2.) The Lord Chancellor may, in the exercise of the power o-iven him by this section, annul, alter, or add to any forms contained in the Summary Jurisdiction Act, 184s [11 & 12 Yict. c. 43], or any forms relating to summary proceedings contained in any other Act. (3.) Any rule purporting to be made in pursuance of this section shall be laid before both houses of parliament as soon as may be after it is made, if parliament be then sitting, or if not then sitting, within one month after the commencement of the then next session of parliament, and shall be judicially noticed. As regards this section, sec section 12 of S. J. Act, 1884. Under this section the Lord Chancellor has annulled the forme in 11 & 12 Yict. c. 43. See Rule 32 of the S. J. Rules, 1, they are empowered to provide a common sessions-house. .See also the Petty Sessions Act, 1849 (12 & 13 Viet. c. 18), s. 2 ; 4.3 & 46 Vict. c. 50, ss. 105, 160, as to boroughs. PART II. Amendment of Procedure. 31. Procedure on appeal io general or quarter sessions.'] — Where any person is authorised [by this Act or bij any future Act] [ivords in brackets repealed by 47 r(}w in the matter as the courl of appeal may think just, and may by such order exercise any power which the couri of summary jurisdiction might hare exercised, and such order shall have the same effect, and may be enforced in the same manner, as it' it had been made by the 42 ,.■ 4:3 Vict. c. 19, «. 31. 177 court of summary jurisdiction. The court "I" appeal Sect. may also make such order as to costs to be paid by ' either party as the court may think just ; ami (6.) Whenever a decision i< not confirmed by the court of appeal the clerk of the peace shall semi to the clerk of the court of summary jurisdiction from whose decision the appeal was made, for entry in his register, and also endorse on the conviction or order appealed against, a memorandum of the decision of the court of appeal, and whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the said decision in every case where such copy or certificate would be sufficient evidence of Buch conviction or order ; and 7 Every notice in writing required by this section to be given by an appellant shall be in writing signed by him, or by his agent on his behalf, and may be transmitted as a registered letter by the post in the ordinary way, and shall be deemed to have been served at the time when it would be delivered in the ordinary course of the post. As to procedure on appeals, see "Archbold's Quarter Sessions" (.3th ed. . by Sir Sheraton baker, and "Appeals from the< !onvictions and Orders of Justices," by Trotter. Uniformity of procedure on appeal. — By section <> of the s. .1. Act, 1884, all appeals against the convictions or orders of a court of summary jurisdiction authorised by any Aci passed before 1st January, 1880, shall be subject to the conditions and regulations of the S. J. A *. 1879. In ^ub-sections - J and ■', of this section the words •• within the prescribed time or if no time is prescribed" appear to be impliedly repealed by the S. J. Act, ! Sv i s. 6, It. v. Glamorganshin -/•/. 1889 . L. K. 22 Q. B. D. 628, post. The [interpretation Act, L889, s. 13 11 , post, which replaces S.J. Act, 1884, s. 7. defines the meaning of the expression ••court of summary jurisdiction." Effect of S. J. Act, 1884. As to the effect of the S. J. Act, 1884, the judgmenl of I'kxmax. J., in Shinyler v. Smith, ~>i L. T. 759; 17 Q. B. D. 49; 51 J. P. 152, maybe quoted: -"It having i decided, as I have already said, in R. \. Montgomeryshire J J. !.. J. M. C. 95; 16 J. 1*. 517), that on the construction of the 8.J.A. N L78 The Summary Jurisdiction Act, 1879. Note existing statutes this option was allowable, the legislature inTthe to s. J. Act, L884, deliberately repealed the : J -i 1 1 * 1 section of the previous Sect ' Act, which had given the optional appeal proceedings. Nothing 31 - could have been more reasonable than that the legislature should put a stop to these optional proceedings, and hence in the schedule the very clause which had given the double proceeding is repealed. The result of this Act was to do away with different modes of procedure and to bring everything into a state of uniformity. That the Act intended to do this is perfectly clear from the preamble, 'expedient to provide for uniformity of procedure in all such cases,' that is, on appeals from courts of summary jurisdiction to courts of quarter sessions. "What would become of uniformity it it were competent to an appellant to maintain that he still retained an optional mode of proceeding under the earlier Act? I do not think such a contention i- open to any one after this last- mentioned Act of parliament. If the previous procedure i> not actually repealed, it certainly is impliedly repealed." Appeals generally.— In /,'. v. Montgomery shin JJ. [supra), it was held that on the construction of section 32 of 42 & 4:i Vict. c. 4f> {post), and the Poor Law Amendment Act. 1N44 (7 & 8 Yict. c. 101), s. 4. the putative father had an option to comply with the procedure under the S. J. Acts, or the Bastardy Acts. The first part of section 32 (post] giving that option was repealed bythe S.J. Act, 188J post), and after such repeal the case of Shingler v. Smith, supra, came before the Queen's Bench Division, and that last-mentioned case decided that in an appeal from an order of bastardy made by a court of summary jurisdiction the appellant's notice of appeal must state the grounds of such appeal under the 31st section of 42 & 43 \ ict. ,-. 4'.i, the repeal of part of the 32nd section of that Act by the 4th section of the S. .J. Art. 1884, bavin- takenawaythe alternative mode of procedure, under 7 ^V S Vict. c. 101, s. 1. An appeal from an order of a court of summary jurisdiction made under the Distress for Rent Act, 17:;7 '11 Geo. 2, c. 19, ss. 1 and 5), byaperson adjudged guilty of fraudulently removing goods to prevent distress must be made in conformity with the procedure under this section. Reg. y. ft JJ., 15J. P.236,?*.; 46 J. 1'. 196; 50 L. J. M. C. 72; 29 W. lb 567; 6 Q. 1'.. D. 669. At the hearing of an appeal under the Licensing Act (35 & 36 Vict. c. 34, s. 52), it appeared that notice of appeal was given on Monday, the Kith March, and the recognizance entered into on Friday, the l itb of the same month, and the quarter Bessions, no explanation of the delay being offered, dismissed the appeal:— //■/. 469; 48 L. .1. M. C. 137; ^7 W. lb 798. In R. \. Glamorganshire JJ. 1889), b. 1!. 22 Q. B. D. 628; 53 .1. 1'. U'js ; 58 L. ,J. M. «'. 58, the appellant was convicted of selling 4-2 c(- 43 Vict. c. 49, s. 31. 179 beer without a licence under the Beerhouse Act, 1 s.:;i 4 & •"> Will. 4, Note c. Bo), s. 17:— Held, thai the S. J. Arts, 1879 and 1884, impliedly to repeal the provisions of the Excise Management Act, 1827 (7 >v. 8 s "t. Geo. 4. c. o3), >. 82, as to the time at which untie.' of appeal should ]_ be given, and substitute the provisions of the S. J. Act, 1879. Lord Coleridge said. "My conclusion is that on the whole the true effect and meaning of the Acts [i.e., S. J. Acts, 1st;) and 1884 ... is to get rid of all other procedure (i.e., on appeals from summary convictions] except that provided by the S. J. Acts." See also //. v. Forkahirt West Riding) JJ., 64 L. J. M 0. 192. But in /.'. v. Somerset JJ., L. R. 22 Q. B. D. 625; .33 J. P. 470, which was an appeal against poor law orders of removal, it was held that the justices must hear and determine the appeal under the old practice. Must not this case be deemed to be overruled by the Court of Appeal in Reg. v. Glamorganshire JJ. (1892), infra, in consequence of the definition of a court of summary jurisdiction in the Interpretation Act, 1889, s. 13, sub-sect. 11!' The Quarter Sessions Act. 1849 [12 & 13 Vict. c. 45), s. 1, post (Appendix . commonly called •• Baines' Act," enacted that in every case of appeal (except appeals against orders of removal, &c.) to any court of general or quarter sessions of the peace fourteen clear days' notice of appeal shall be given, and such shall be sufficient notice, and shall be in writing signed by the person or persons giving the same, or by his. her. or their attorney on his, her, or their behalf, and the grounds of appeal shall be specified in every such notice; and it shall not be lawful for the appellant or appellants, mi the trial of any such appeal, to go into or give evidence of any other ground of appeal besides those set forth in the notice. The S. .1. Act, L884, repeal- this section so far as relates to any appeal against an order of a court of summary jurisdiction. But this section never applied to appeals from summary convic- tions (12 & 13 Vict. c. 45, s. 2 . post. Having regard, therefore, to the extensive use of the term " order of a court of summary juris- diction " [52 & 53 Vict, c i;.;. s. 13 (11) post, (Appendix)], section 1 of Baines' Act appears to be now nugatory. According to the literal reading of S. J. Act, 1884, s. 6, the obligation to follow the procedure of S. J. Act, 1S79, s. 31, in appeals from convictions or orders of courts of summary jurisdiction only applies when such convictions or orders are "made in pur- suance of the s. .1. Acts " [see as to the meaning of " S. J. Acts " and "court of summary jurisdiction," Bection 50 of S. J. Act, 1879, post, and section 13. sub-section 11 of Interpretation Act, 1889, post). The test whether a conviction or order is "made in pursuance of the S. J. Acts" may be applied by considering whether the proceeding was commenced by an information or com- plaint within S. J. Act, 1848. But in Shiriglerv. Smith, supra, the words "made in pursuance of the S. J. Acts,'' were disregarded. A statutory exception to the principle laid down in the last case occurs, however, in the Lunacy Act, 1890 (53 Vict. c. 5, s. 313), which provides that the procedure in the S. J. Act, 1879, shall not N 2 31. 180 The Summary Jurisdiction Act, 1879. Note lie applicable to appeals under Part 10 of that Act, relating to the t0 expenses of pauper lunatics, and special procedure is provided by Sect. a ections 30] -311. No appeal by informant. — There is no appeal generally against an acquittal or dismissal in a criminal proceeding unless expressly authorised by statute, for example, tbe Excise Manage- ment Act, 1827 (7 & 8 Geo. 4, c. 53 . s. 82, which allows an appeal to an officer who exhibits an information. In Paym v. Uxbridgi ■/■/., 45 J. P. :;i!7 and 420, where a charge has been heard and dismissed by a court of summary jurisdiction, the party laying the informa- tion or making the complaint has no right of appeal to quarter sessions, the only exception to the rule laid down in this case being that of an information under the Excise Management Acts (7 & 8 Geo. -4. e. 53, s. M'. and 4 & ;> Will. 4, c. 51 . s. 23). In Reg. v. ./•/. of London, !•'.• parti Tin' Fulham Vestry, 59 L. J. M. C. 140; 55 J. P. 56; 34 S. .1. 586; 25 Q. B. D. 357, a vestry summoned ( !. under section 72 of the Highway Act, 1S35, for unlawfully and wilfully obstructing the free passage of a highway by erecting a fence across it. The charge was dismissed by the justices who heard it. The 105th section of the same Act provides thai " if any person shall think him. -elf aggrieved by . . . any order, conviction, judgment, or determination made . . . by any justice . . . such person may appeal to the justices at the next general quarter sessions of the peace ..." The vestry appealed against the dismissal of their summons, and the justices at the general quarter sessions declined jurisdiction: — Held, that section 105 gave no appeal except in the case of a conviction. "When a party applies for a case to be stated under 20 iv 21 Vict. c. 4o. he is d»y section 14 of that Act) to be deemed to have aban- doned his right to appeal to quarter sessions; and see Shackelly. West, 29 L.J. M. C. 45; 45 Jur. 95; 24 J. P. 22; 1 L. T. 28; 2 E. & F. 326. Where facts are alone in dispute the propercourse is to anneal to quarter sessions. See JR. v. Yeomans, 24 J. P. 140; 1 L. T. 369; but where there is a right of appeal to quarter sessions, this facl does not take awav the power of the justices to state a case. Mllir \. Bore, 41 J. P. 471; 47 L. J. M. C. 17: 13 L. T. 315. There is no appeal under the Metropolis Managemenl Act, 1855 (is & 19 Vict. c. 120), s. 231, against orders of justices for demolition of buildings under the Metropolis Managemenl Amendmenl Act, L862 2.") appeal is to l>e to the prescribed court of general or quarter sessions, or the next practicable court of general or quarter sessions, for the county, borough, or place within which, or by the justices of which, the acl complauied oi was done. See 2s & 29 Vict. c. 37,as to quarter sessions in Sussex, and 37 & 38 Vict. c. 45, as to those in Bedfordshire; and see /,'. v. Sussex •/-/.. :il I- J. M. 0. 69; 1 B. & S. 966; 11 Jur. MOO; 11 L. T. T4(>: 13 W. R. -171 : 29 J. P. 180, where it was held that, though the time for giving notice of appeal must be calculatedwith reference to the first day of the session, yet when, for practical convenience, the county is divided into distinct divisions, and a distinct court is held in each division by adjournment from one to the other, and the rules of practice made by the court in each division assume that the day when the court for that division begins its sittings is the first day of the session, it is sufficient if the grounds of appeal are delivered (under the Poor Law Procedure Act, 1848 (11 & 12 Vict. c. 31), s. 9) fourteen dear days before the first day of the sitting of the court for the dx\ ision in which the appeal, according to the practice, is to bo tried. And see also /,'. \. London JJ., 15 East, 632. Meaning of " practicable. "— As to the meaning of "prac- ticable" see R. v. Surrey J J., 6 Q. B. D. 100; 50 L. J. M. C. 10; •4.-J L. T. 500; 29 W. R. 260; 45 -J. P. 93, which was an appeal against a poor rate. The rate was made and allowed on March 20th (Saturday), and published on toll., wing day. The quarter sessions next after such publication were held on April 6th. A party, there- fore, if bound to bring his appeal to the April sessions would have had to give notice thereof on March 22nd. in accordance with 12 & 13 Vict, c 4."). s. 1. S. and Son. appellant-, gave notice on 7th dune for the next sessions holden duly 5th : Held, that under the circumstances the notice was in time, and they were not even hound to enter at and respite their appeal from the April sessions. Notice of appeal.— The notice of appeal must be in writing, and when it is given by an agent on behalf of the appellant the agent should state himself in the notice to be such agent. Service upon the justices is not now required. In Reg. \. Justices oj Essex, /■:,■ partt Stark, 61 L. J. M. 0. 120; 56 J. P. 375; (1891), 1 Q. B. 490, it was held that the addressing of a notice of appeal under this section to the clerk to the justices instead of to the justices personally from whose decision the appeal is laid is a sufficient and valid form for the notice. With regard to serving notice of appeal on the other party, see //. v. Oxfordshire J J., 9 T. ij.R..520; 57 J. P. 409; (1893), 2Q.B. L49 ; 62 L. J. M. < '. 157, where notice of appeal against an affiliation order was served on the solicitor who had represented the respondent before the justices; the respondent subsequently changed her .82 The Summary Jurisdiction Act, 1879. Note solicitor, and on the hearing of the appeal objection was taken that to the notice of appeal had not 1 n properly served : -Held, that no Sect, notice of appeal had been given to the respondent. Where the 31 - notice of appeal is sent to the wrong address the refusal of the quarter sessions to entertain the appeal was upheld in II. v. Essex JJ., Ex partt Holmes, 11 T. L. R. 1ST. The notice is also to state the general grounds of appeal. See, as to this. /,'. \. Oxfordshire JJ., 1 13. & ('. 27!) : 2 Dowl. & 1?. 426, and //. \. Newcasile-on-Tym JJ., 1 15. & Ad. 933, where a man. convicted under the Vagrant Act for indecent exposure, appealed against the conviction, and stated as the ground of appeal that he was "not guilty of the said offence." This was, by the Queen's Bench, held sufficient. And see also g. v. Hutchins, o . ■'>■'>'■'>. where it was held not necessary to state in the grounds of appeal that a previous adjudication had taken place. Three persons were convicted of an offence, and gave joint notice of appeal ; at the sessions a separate conviction of one of them was produced, and the justices dismissed the appeal on the ground that the notices should have hem separate : — Held, that the variance was immaterial, R. v. Oxfordshm JJ., 12 L. J. M. C. 40; 7 Jur. 195; 1 <2. 15. 177. The "oti.er party" referred to means other party, if any. R. v. Glamorganshire JJ. (1892), 'A\ J. P. 4o7 ; s T. L. R. 439; 61 L. J. M. C. 169. < >n an appeal from a refusal to renew a licence the superintendent of police, who had appeared and opposed the renewal before the licensing justices, is the "other party " within the meaning of sub-section 2. Pria v. James, L.R. (1892). 2 a B. 428; 8 T. L. R. 682 ; 61 L. J. M. C. 203; (57 L. T. ."»43; 41 W. R. 57. See also Reg. \. Bristol JJ., 9 T. L. R. 273. The consideration of the validity of a notice of appeal is merely preliminary to a hearing of the appeal, and if upon objection taken the sessions decide that the notice is had and dismiss the appeal, the court will by mandamus order the sessions to hear the appeal after entering continuances. R. \. Surrey JJ., - New Sess. Cas. 245; 3D. &L. 573; 15 L. J. M. C. 46 ; 10 Jur. 410. The notice of appeal need not be in any special form, but the following may be useful as a guide to frame notices of appeal upon : — Notice of Appeal. , To the i lerk ol the • lourt of Summary Jurisdiction sitting at in the County [or as tfa cast may be], to wit. * and to [the other party]. I. A. /•'., do hereby give yon and each of you notice that it is my intention, at the next general [or quarter] sessions [or the next practicabh general or quarter sessions] of the peace, to be holden at , in and for the said [county, ifcc] of . on the day of . A.D. 18 . t<> appeal against a certain conviction of me [or order made against me] by the Court of Summary Jurisdic- tion sitting at in the said [county], for having on ;it iting offence, &c], and that the general grounds of such appeal are [state here each ground of appeal], ami thai I am not 42 -i 43 Vict. c. 49, s. 81. 183 guilty of the — . i i « 1 offence, of all of which you and each of you are Note bound, and are hereby desired, to take notice. t0 Dated this day of , A.D. is . Sect. - gned) J. /!. 31 - See R. v. E '■/.. 56 J. P. 375; 61 L.J. M. < '. 120; 1891), 1 Q. B. 490. Recognizance — Sunday included. -The recognizance to pro- secute the appeal is to be entered into within three day- alter the day on which notice of appeal was given. In Ex parte Simpkin, 29 L. J. M. C 23; 2 E. & K. 392; 2J J. P. 262; 6 Jur. \.<. 14-1, where, by section Hi of L8 >V 1!' Vict. c. 1 12 1 [now repealed), an appellant shall nol be heard in support of an appeal to the sessions against an order of justices, unless, within fourteen day- after the making of the order, he give notice in writing, "and shall, within two days of giving such notice, enter into a recognizance before -nine justice of the peace," it was held that Sunday is to be counted in the t\vn non-paj inent of the costs of the appeal the justii estreated the appellant's recognizance: Field, that the justi< wen- right in so doing:. 184 The Summqry ■Jurisdiction Act, 1879. Note in Ex parte Johnson, 32 L. J. M. C. 193; 3 B. & S. 947 : 9 Jur. t0 (x.s.) 1128 ; 21 J. P. (i(il ; 81 L. J. (x.s.) 275, the adjudication was S ect - made on February 17th. and a formal order drawn up, nunc pro 31, tunc, on March 1st, and signed by one of the adjudicating justices on that day, and by others on the 3rd March, and on March 4th the recognizances were entered into, it was held that the time for entering into the recognizances began to run from the date of adjudication, and were therefore entered into too late. A deposit of money cannot be taken in lieu of the recognizance to prosecute it special case under 20 iV -1 Vict. C. 43, as it can in the case of an appeal under this section. r Under tins section an appellant is required to enter into a recog- nizance within three days after giving notice of appeal, or the court before whom the appellant offers to enter into the recognizance may order a deposit of money with the justice's clerk instead id' entering into a recognizance. Where, therefore, a court, on the same day that a case i> heard, and before proper notice of appeal is given, allows a deposit to be made in lieu of a recognizance, the provisions ofthis section, sub-section •'!. have not been complied with, and the court of quarter sessions has no jurisdiction to hear the appeal. Reg. \. Anglesey .1.1., L. lb (1892) Q. B. 29; 56 .1. 1'. 552; 61 L. J. M. C. 14:; ; sT. L. lb 561. On an appeal from a court of summary jurisdiction to a court id' quarter sessions the appellant first entered into recognizances and then served QOtice of appeal instead of entering into recognizance- after ,".-i\ ing notice of appeal. The justices thereupon dismissed the appeal: //•"> & :>(> Vict. c. f>.">. A notice in writing under the Bastardy Act. 1845 (8 & !• Vict, c. 10), s. 4, of the putative father baving entered into a recognizance for payment of costs is. since sections :il and :!'_' of the s. J. Act, unnecessary. A'"/. \. West Hiding of Vorkshin JJ., W . X. l^s-j, p. 34. 31 12 & 43 Vict, c. 4i», *. 31. L85 The appeal does do! operate as a suspension ol execution. /.'■ Note parte Willmott, 30 L. J. M. C. 131 : 4 L. T. 208; 9 W. R. 633; ff. to v. Brooke, 2 T. I:. 190; Kendall v. Wilkinson, 24 L. J.M.C.89; Sect, lii J. I'. 467; 4 El. A; 1'.. 680. But see now sub-section 1 of this ■ in. Proceedings at hearing. Upon tin' hearing of the appeal neither tin- appellant nor the respondent are confined to til'' evidence given before the convicting magistrate //. v. Suffolk JJ., 1 B. A: AM. 646; R. \. Pilgrim, I.. EL 6 <>. I'.. 89; 10 I.. .1. M. < '. ■> : 23 I.. 'I'. 4 1(>: 1!) W. I:. !»!• : and unless the statute under which the appeal is given limit- the parti'- to the review of the evidence ".hen before tin' inferior court, the appeal i- by way of rehearing. Tin' 5th sub-section gives the court of appeal the fullest powers df dealing with the com iction as justice may require. An instance of tin' power to remit a case, with the opinion of the court of appeal, i> A', v. Fox, < >ld Bailey Sessions Papers, vol. xcix., p. 42, November 22nd, 1883, in which the defendant was charged, on indictment, \\ ith the offenceof rape. The prisoner had been charged with thi> offence before the magistrates at Uxbridge, who, not con- sidering the felony made out, convicted him of assault, and sentenced him tn two months' imprisonment. The prisoner appealed t<> quarter sessions, denying that he was the person who had been sworn to as the man who assaulted the prosecutrix. The court of quarter sessions, after inquiry, remitted the case back to the justices, who ultimately committed the prisoner for trial on the above charge of rape. 1 1'' pleaded autrefois convict. Stephen, J., was of opinion that >uch plea could not be sustained, as the conviction for the assault had not been acted upon. Even if that difficulty could be got over, there would be a very grave question whether the convic- tion for assault would operate as an estoppel of the trial for rap The prisoner was then tried for the felony and acquitted. See also /;. v. Miles, .')4 J. P. 5 I!' : 59 I.. J. M. < '.' 56. See as to this case the note to section 14 of 11 & 12 Vict. c. 13, ante. Upon an appeal to quarter sessions against a conviction on the ground of excessive sentence, the respondent (the prosecutor] failed to appeal', and the quarter sessions quashed the conviction : Held, it i- for the respondent to begin and produce evidence of the facts. Without this evidence, the justices could not modify the sentence. The only course open to them was to quash the conviction. Reg. \ . Surrey JJ., and Bell, 61 L. J. M. C. 200; (1892), 2 it was before the court of summary jurisdiction. Whiffen \ . Bligh. 61 L. J. M. < '. 85 : 56 J. P. 375. If the conviction or order is affirmed on appeal, the original con- viction or order is proceeded upon against the appellant. Decision of sessions final. A decision by the court ol appeal upon the merits is final and conclusive, and prohibits the parties from taking any further proceedings before justices for the same matter. But in B. v. May or Essex JJ., 5 W. R. <>1<>, S. was convicted, under the Vagrancy Act, 1824 [5 Geo. -1, c. 83), s. 4. by a metropolitan police magistrate. The conviction described the offence as "unlaw- fully using certain subtle craft, means, and device," omitting by •• palmistry or otherwise," and on appeal the proceedings commenced with an objection from S. that the conviction was bad. The j'ustices heard the argument, retired, and returned into court, and the assistant judge of Middlesex gave what purported to be the decision of the majority, quashing the conviction upon the objection taken. Upon application for mandamus to the sessions to hear the appeal, it was proposed to show, on affidavit from the justices composing the court, that the decision given by the chairman was not that of the majority of the court The Queen's Bench Division held that as the decision was duly recorded it was too late to discuss the question whether such decision was that of the majority : and also, that the decision upon the form pf the conviction was not a pre- liminary decision, but a hearingand adjudication upon the merits winch, upon a mandamus, could not be reviewed. Lister v. Hebden Local Board, 42 J. P. 119. Sub-section 6 of litis section regulates the proceedings subsequent to the decision of the court of appeal. See, as to costs given by the court of appeal, note to section 27 of 11 & 12 Vict, c 43, ante. Section 23, sub-section 1. ante, contains the regulations a.- to taking securities by depositing money with the clerk of the court ot summary jurisdiction. See Form [4J»] of Consolidated Forms, 1886 certificate of clerk of peace that cost.- of appeal have not been paid. By section 27 of LI & 12 Vict. c. 43, it is enacted that, upon pro- duction of this certificate to any justice or justices for the same jurisdiction, it shall be lawful for him or them to enforce payment of such costs by warrant of distress, and, in default of distress, com- mitment, according to the procedure to be adopted as to warrants ol distress and commitment under that Act [as modified now by the S. J. Act. 187©). These costs will be recoverable as " civil debts, ' see section 47, post, and notes thereon, and R. v. Lord Mayor oj London, there cited. 32. Appeals to quarter sessions wider former Acts.~\ — [Where a person is authorised by any past Act to appeal from the conviction or order of a court of summary jurisdiction to a com! of general or quarter sessions, lie may appeal to \-l ,(■ 1:5 Vict. c. 49, «. 33. 187 such court, subject to the conditions and regulations contained sect. in this Act with respect to an <';>/ir> f to a court of g n ral or — 1 quarter sessions : Provided that where any such appeal is in accordance with t/w, conditions and regulations prescribed by the Act authorising the appeal, so far as the same is unrepealed, such appeal shaU not be, da Hint invalid by reason only that it is not in accordance with the conditions and regulations contained in this Act.] [Repealed li;i Summary Jurisdiction Act, 1884.] Where any past Act, so far as unrepaaled, prescribes that any appeal from the conviction or order of a court of summary jurisdiction shall be made to the next court of general or quarter sessions, such appeal may be made to the next practic- able court of general or quarter sessions having jurisdiction iu the county, borough, or place for which the court of summary jurisdiction acted, and held not less than fifteen days after the day on which the decision was given upon which the conviction or order appealed against was founded. See Shingler v. Smith, ante, p. 177. as to the effect of this repeal, and notes, pp. 177 et seq, 33. Appeal from court of summary jurisdiction by special case.~\ — (1.) Any person aggrieved who desires to question a conviction, order, or determination, or other proceeding of a court of summary jurisdiction, on the ground that it is erroneous in point of law, or is in excess of jurisdiction, may apply to the court to state a special case satting forth the facts of the case and the grounds on which the proceeding is ques- tioned, and if the court decline to state the case, may apply to the High Court of Justice for an order requiring the case to be stated. 2. 1 The application shall be made and the case stated within such time and in such manner as may be from time to time directed by rules under this Act, and the case shall be heard and determined in manner prescribed by rules of court made in pursuance of the Supreme Court of Judicature Act, 1 [38 & '-'^ Vict. C 77], and the Acts amending the same ; and, subject as 188 The Summary Jurisdiction Act, 1879. Sect, aforesaid, the Act of the session of the twentieth and twenty-first years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to improve the administration of the Law so far as respects Summary Proceedings hefore Justices of the Peace," shall, so far as it is applicable, apply to any special case stated under this section, as if it were stated under that Act : Provided that nothing in this section shall prejudice the statement of any special case under that Act. This section enables an aggrieved party to obtain the opinion of the High Court upon a question of law arising- upon any matter coming before a court of summary jurisdiction, including questions of law that arise on the refusal to transfer or renew a licence under the intoxicating liquor laws, the validity of sanitary rates (Sand- gate Local Board \. Pledge, 14 Q. B. 1). 730 ; 52 L. T. 546; 33 W. R. 565; -tit J. P. 342; 29 S. J. 385; distinguished in Sheffield Waterworks Company v. Mayor, &c, of Sheffield, '-'A W. 1!. 1.3.*i; 50 J. 1\ (i ; 55 L. J.'M. C. 40), and other questions to which 20 & 21 Vict. c. 4.'J, does not extend. It will apply to questions relating to poor rates, see /,'. v. Lor$ Mayor of London and Brown, .~>2 J. P. 70: ■'>', L.T. (n.S.) -till ; and 4th City Mutual Society v. East Ham (1892), 1 Q,. B. 661 ; 56 J. P. 440. It does not appiy to cases under the Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39). See Manders \. Manders, 6] J. P. 105. In Diss Urban Sanitary Authority v. Aldrich, 46 L. J.M.C. 183; 41 .1. 1'. 132, where application was made to justices under section 305 of the Public Health Act. 1875, for an order authorising an entry upon lands of a person who had refused such entry, and the justices, after hearing, had declined to make such an order, it was held that they had no power under 20 iV 21 Vict. c. 43, S. 2, their decision not being the determination of a complaint within that section, and the application being one wholly within their discretion to grant or refuse. The Court of Queen's Bench has held that a declining of juris- diction on the part of justice- could not be made the subject of a special case under 20 & 21 Vict. C. 43, because in such a case the justices had decided nothing. Wakefield Local Board v. West Biding Railway Company, 30 .1. 1'. 389, 628; 12 Jur. 160, !>:;<;. Order Id X., rule 4, under the Judicature Act. 1881 (44<& 45 Vict, c. 68), is as follows : Every judge of the Bigh » tourt of Justice for the time being shall he a judge to hear and determine appeals from inferior courts, under section 15 of the principal Act (Supreme Courl of Judicature Act, 1 n 7 ; j ) . All such appeals (except Probate and Admiralty appeals from inferior courts and from justices, which shall he to a divisional court of the Probate, Divorce, and Admiralty Division), -hall be entered in one li-t by the officers 33. 42 dt 43 Vict. c. 49, s. 34. 189 of the Crown Office department of the central office, and shall be Note heard by such divisional court of the Queen's Bench Division as the to Lord Chief Justice shall from time to time direct. s ^ t - The " person aggrieved" musl be a person whoselegal rights are directly affected by the decision, and where W. was summoned for causing an obstruction in a certain street and convicted, ami the freeholders of such street appealed against such conviction 1 on the ground that they considered themselves persons aggrieved by such conviction, the court held that they were not persons aggrieved, and were not entitled to appeal. Drapers' Company v. Haddon, 57 J. P. 200; 9T. L. E. 36. The purchaser of stolen goods against whom an order of restitution has been male is a "person aggrieved." Moss \. Hancock, 68 I.. J. M. < '. 657; 63 J. P. .317. In the case of the Deputies of th Freemen of th Borough of Leicester v. Hewitt, 62 L. J. M. C. 51; 57 J, V. 344, it was held that, as by the Interpretation Act, 1889, s. 13 [52 & 53 Vict. c. 63), post, the words "• a court of summary jurisdiction" include justices sitting under any Acts other than the S. ,1. Acts ; the justices acting in this ease under a private Act formed a court of summary jurisdic- tion from which an appeal lay by a case stated under this section. The rule as to a special case is No. 18, S. J. Rules, 1886; post, which requires the application for a special case to lie made in writing (and a copy to he served on the clerk of the court) within seven clear days from the proceeding to he questioned, and the case to be suhsequently stated within three months. As to the law relating to special cases, see notes to 20 & 21 Vict. c. 43, post. 34. Summary orders. — ( 1.) Where a power is given by any future Act to a court of summary jurisdiction of requiring any person to do or abstain from doing any act or thing other than the payment of money, or of requiring any act or thing to be done or left undone other than the payment of money, and no mode is prescribed of enforcing such requisition, the court may exercise such power by an order or orders, and may annex to any such order any conditions as to time or mode of action which the court may think just, and may suspend or rescind any such order on such undertaking being given or condition being performed as the court may think just, ami generally may make such arrangement for carrying into effect such power as to the court seems meet. (2.) A person making default in complying wit!) an order of a court of summary jurisdiction in relation to any matter arising under any future Act other than the payment of money, shall be punished in the prescribed manner, or if no punishment 190 The Summary Jurisdiction Act, 1879. Sect. i s prescribed, may in the discretion of the court be ordered to 1 pay a sum (to be enforced as a civil debt recoverable summarily under this Act) not exceeding one pound for every day during which he is in default, or to be imprisoned until he has remedied his default : Provided that a person shall not, for non-compliance with the requisition of a court of summary jurisdiction, whether made by one or more orders, to do or abstain from doing any act or thing, be liable under this section to imprisonment for a period or periods amounting in the aggregate to more than two months, or to the payment of any sums exceeding in the aggregate twenty pounds. See section 35, post, and section 6, ante, as to recovery of civil debts summarily. 35. Recovery of civil debts in court of summary jurisdiction.'] — Any sum declared by this Act, or by any future Act, to be a civil debt, which is recoverable summarily, or in respect of the recovery of which jurisdiction is given by such Act to a court of summary jurisdiction, shall be deemed to be a sum for payment of which a court of summary jurisdiction has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction Acts. Provided as follows : (1.) A warrant shall not be issued for apprehending any person for failing to appear to answer any such complaint ; and (2.) An order made by a court of summary jurisdiction for the payment of any such civil debt as aforesaid or of any instalment thereof, or for the payment of any costs in the matter of any such complaint, whether ordered to be paid by the complainant or defendant, shall not, in default of distress or otherwise, be enforced by imprisonment, unless it be proved to the satisfaction of such court or of any other court of summary jurisdiction for the same county, borough, or place, that the person making default in payment of such civil debt, instalment, or costs, either has, or 42 & 43 Vict, c. 49, 8. 35. 191 lias had since the date of the order, the means to pay Sect. the sum in respect of which he has made default, and — 1 has refused or neglected, or refuses or neglects to pay the same, and in any such case the court shall have the same power of imprisonment as a county court would for the time being haw ander the Debtors Act, L869 [32 & 33 Vict. c. 62], for default of payment if such debt had been recovered in that court, but shall not have any greater power. Proof of the means of the person making default may be given in such manner as the court to whom application is made for the commitment to prison think just, and for the purposes- of such proof the person making default, and any witnesses may be summoned and examined on oath according to the rules for the time being in force under this Act in relation to the sum- moning and examination of witnesses, <>r if no such rules are in force, to the rules for the like purpose made in pursuance of the Employers and Workmen Act. L875 [38 & 39 Viet. c. 46]. - e the Debtors Act, 1869 [32 & 33 Viet. c. 62), section ">. ,, (Appendix' . A- to county court procedure in relation to section o of tin Debtors Act, see Order XXV., rules 13 — 39a, setout at pages 342 to -1^ of the " STearly County Court Practice," 1899. Under tie' Act of 1879, no rule- a- to summoning and examina- tion of witnesses were issued, ami the rules under the Employers and Workmen Art. 1^:.; :;s & :;;• Viet. c. 90 . were made to apply under this section ; now. however, the Fades of 1886 deal with this subject, and Pules 19 — 29 give the provisions as to procedure undei tlii— section. It may he mentioned that pool rates are not enforceable under this Act as civil debts (7?. v. Price, ante, p. 52), but it is con- sidered that general district rate- would he so enforceable. See 44 J. P. 753, and 46 J. 1'. 717. An order [or maintenance of a pauper relation is only enforceable as a "civil debt," /■' Gamble, 63 J. P. 101. The costs of conveyance to prison of defendant in default of payment would be included in the costs of plaintiffs enforcement of the order under Rule 29 of the s. .!. Rules, L886. A- if made under section 5 of Debtors Act, 1869. See 49 J. P. 765. I losts ordered to he paid by any party on a complaint for sureti - .lie net enforceable under this section as a ci\ il debt, hut are recover- by distress under Bection 18 of 11 & 12 Vict. c. 4:;. ante, and in default by imprisonment. This section (35) provide- for recovery of money or costs payable on a complaint for payment of money only. 192 The Summary Jurisdiction Act, 1879. Note .\s to sub-section o of section ."> of the Debtors Act, ISO!), it may to 1"' mentioned that a distress warrant may issue at any time before Sect, or during or after the imprisonment. A defendant may not be 35. committed again for non-payment of the same debt on proof of — ability but refusal to pay, but there may be a separate committal for each non-payment of each instalment when the debt is to be paid by instalments. Evans v. Wills, 40 J. P. o.Y2 ; 4.3 L. J. o J. P. 551, that a married woman cannot be imprisoned for non-payment of costs in a civil proc ling in a county court. See also note to section 'J, find . For county court procedure, see the "Yearly County Court Practice," 1899, by Pitt-Lewis, Q;C. See the S. .). Rules of 1886, post, Nos. 19—29, and forms in Part II. of the Consolidated Forms, 1886, post. 36. Summons of witness when out of the jurisdiction of a court of summary jurisdiction.] — Where a court of summary jurisdiction for any county, borough, or place would have power to issue a summons to a witness, if such witness were within the said county, borough, or place, and such witness is believed to be within some other county, borough, or place in England, such court may issue a summons to such witness in like manner as if such witness were within the jurisdiction of such court : and any court of summary jurisdiction for the county, borough, or place in which the witness may be, or be believed to be, may, on proof on oath, or such solemn declara- tion as provided by this Act, of the signature to the summons, sndorse the summons, and the witness, on service of the summons so endorsed, and on payment or tender of a reason- able amounl for his expenses, shall obey the summons, and in default shall he liable to be apprehended or otherwise proceeded 12 & 48 Vict. c. 49, *.'38. 193 against either in the county, borough, or place in which the summons was issued, or in that in which the witness may happen to be, in manner directed by the Summary Jurisdiction Act, 1848 (II 4 1- Vict. c. l:i), as if such witness had been duly summoned by a court of summary jurisdiction for the county, borough, or place in which such witness is apprehended or proceeded against. For tho mode of compelling a witness to attend a court of sum- mary jurisdiction, see 11 & 12 Vict. c. 4.'5, ss. 1 and 7. and notes. As tn service of process in Scotland, see 44 & 45 Vict. c. 24, s. 4, poet, and notes thereon. ( Ine justice may endorse the Bummons, See definition of " I lourt of Summary Jurisdiction" in Interpretation Act, L889, s. 1 : J (11), post, and he need not sit in open court for the purpose, as he is not hearing. vV < . . a case arising under this Act. See 49 J. P. 158, as to proof of signature. See section 41, post. Forms ^7 and 35] of Consolidated Forms, 18N6, post. 37. Summons or warrant not avoided by death of justice, dr.] — A warrant or summons issued by a justice of the peace under the Summary Jurisdiction Act. L 848, or any other Act, whether past or future, or otherwise, shall not be avoided by reason of the justice who signed the same dying or ceasing to hold office. I'eathof informer in criminal proceedings causes no abatement. See R. v. Truelove, ante, pp. li), 87. 38. Bail of person arrested without a warranty — A person taken into custody for an offence without a warrant shall be brought before a court of summary jurisdiction as soon as practicable after he is so taken into custody, and if it is not or will not be practicable to bring him before a court of summary jurisdiction within twenty-four hours after he is so taken into custody, a superintendent or inspector of police, or other officer of police of equal or superior rank, or in charge of any police station, shall inquire into the case, and, except where the offence appears to such superintendent, inspector, or officer to be of a serious nature, shall discharge the prisoner, upon his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before some court of summary jurisdiction at the day, time, and place named in the recognizance. S..I.A. o Sect. 36. 194 The Summary Jwisdietion Act, 1879. Note It would appear to be reasonable to require a surety when a to wrong name or address lias been given by the accused person, or Sect, ^hen he has no known place of abode. 3 8- This section is in similar terms to the provisions of the Metro- politan Police Act. 1839 (2 & '■> Vict. c. 47), ss. 70 and 71 ; further with regard to it. see 47 & 48 Vict. e. 4.'). s. 9, post, which removes doubts as to the effect of 45 & 46 A'iet. c. .30. s. 227, relative to the power of borough constables to take bail, and enacts that nothing in section 1227 is to be taken to have repealed >eetion 38 of this Act. Section 227 enacts as follows : — " Where a person charged with a petty misdemeanor is brought without a warrant into the custody of a* borough constable during his attendance in a watch-house in tbe borough, at any time by day or night, at which a justice isnot actually sitting for the public administration of justice in the jus- tices' room in the town hall or other place used for that purpose in the borough, the constable may. if he thinks fit. take bail without fee from the person by recognizance conditioned for his appearance for examination within two days before a justice in the borough at some time and place therein specified. '• (2) A recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreating thereof as if taken before a justice. "(3) The constable shall enter in a book kept for that purpose in every watch-house, the name, residence, ami occupation of the person entering into the recognizance, and of his surety or sureties, if any, with the condition of the recognizance and the sums acknowledged. " (4) The constable shall lay the book before the justice present at the time and place where the recognizor is conditioned to appear. •• ;.-)) and ((>) [BrpeaJed by the S. J. Act, 1884]. "(7) If the recognizor applies by any person on his behalf to postpone the hearing of the charge against him, and the justice thinks tit to consent thereto, the justice may enlarge the recogni- zance to such further time as he appoints. " (S) When the matter is heard and determined either by the dismissal of the charge or by binding over the recognizor to answer the matter of complaint at quarter sessions or otherwise, the recog- nizance for his appearance before a justice shall without fee be discharged." This section only applies to boroughs within the Municipal Corporations Act, 1882. Forms of Recognizance, No. [36] of Consolidated Forms, 1886. 39. Provisions as to proceedings, 4c.~\ — The following enact- ments shall apply to proceedings before courts of summary jurisdiction (that is to say,) 1. The description of any offence in the words of the Act, 12 ,c 48 Vict. c. 19, s. 39. 195 or any order, bye-law, regulation, or other document creating the offence, or in similar words, shall be sufficient in law ; and Any exception, exemption, proviso, excuse, or qualifi- cation, whether it docs or does not accompany in the -nine section the description of the offence in the Act, order, bye-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the information or com- plaint, and if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant ; and A warrant of commitment shall not be held void by son of any defect therein, if it be therein alleged that the offender has been convicted or ordered to do or abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same ; and A warrant of distress shall not be deemed void by reason only of any defect therein, if it be therein alleged that a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser from the beginning by reason only of any defect in the wan-ant, or of any irregularity in the execution of the warrant, but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress, so however that if amends are tendered before action brought, and if the action is brought are paid into court in the action, and the plaintiff does not recover more than the sum so tendered and paid into court the plaintiff shall not be entitled to any costs incurred after such tender, and the defendant shall o 2 Sect. 39. 196 The Summary Jurisdiction Act, 1879. Sect - be entitled to costs, to be taxed as between solicitor and 1 client ; and 5. All forfeitures not pecuniary which are incurred in respect of an offence triable by a court of summary jurisdiction, or which may be enforced by a court of summary jurisdiction, may be sold or disposed of in such manner as the court having cognizance of the case or any other court of summary jurisdiction for the same county, borough, or place may direct, and the proceeds of such sale shall be applied in the like manner as if the proceeds were a fine imposed under the Act on which the proceeding for the forfeiture is founded. 40. Case from quarter sessions without certiorari.'] — A writ of certiorari or other writ shall not be required for the removal of any conviction, order, or other determination, in relation to which a special case is stated by a court of general or quarter sessions for obtaining the judgment or determination of a' superior court. As to this section Bee 12 & 13 Vict. c. 4."), s. 11. 'post : and see note to section 10 of '20 & 21 Vict. c. 43, post. 41. Proof by declaration of service of process, handwriting, &c.~] — In a proceeding within the jurisdiction of a court of summary jurisdiction, without prejudice to any other mode of proof, service on a person of any summons, notice, process, or document required or authorised to be served, aud the handwriting and seal of any justice of the peace or other officer or person on any warrant, summons, notice, process, or document may be proved by a solemn declaration taken before a justice of the peace, or before a commissioner to administer oaths in the Supreme Court of Judicature, or before a clerk of the peace or a registrar of a county court ; aud any declaration purporting to be so taken shall, until the contrary is shown, be sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceeding, without proof of the signature or of the official character of \-l ,c 48 Vict. c. 19, s. 42. 197 the person or persona taking or signing the same ; and the s |Jt. fee, if any, for taking such declaration shall he such sum, not exceeding one shilling, as may be directed by rules made in pursuance of this Act, and any such fee shall he costs in the matter or proceeding to which it relates. The declaration may be in the form provided by a rule under this Act, and if any declaration made under this section is untrue in any material particular, the person wilfully making rach false declaration shall be guilty of wilful and corrupt per jury. See Rule 30, Forms [35,46, and 47] of Consolidated Rules and Porms, 1886. As to Bervice of process of English court in Scotland, and vice versa, see 1 1 & 45 Vict. c. 24, s. I. post. The rule applying to this section is No. 30, S. J. Pailes, 1886, post. In ••Stone'-, Justices' Manual" (31st ed.)j p. 5, an opinion is expressed that proof by declaration under this section seems to be limited to proceedings tinder the jurisdiction of a court of summary jurisdiction, and does not apparently extend to a warrant issued under section 11 of 11 & 12 Vict. c. 42 (The Indictable Offences Art, IMS ; but the words are •'within the jurisdiction of a, court of summary jurisdiction" See the opinion of the law officers on section 7 of the s. .i. Act, 1884, post, that a justice acting under the [ndictable Offences Act. 1848, is a court of summary jurisdiction within th^ meaning of that section, for which section 13, sub.-s. 11, of the Interpretation A.ct, 1889, post, is now substituted. Sini e I I A to Vict. <•. 24, s. 4, post, a summons for poor rates is process of a court of summary jurisdiction within 4-t & l."> Vict, e. 24, and may l.e served in Scotland under section 1 of that Act, and service is proved by declaration under this section: 31 J. 1'. Ml : and also see ft. v. Lord .!/»//"/■ <c-tion a summons issued in one jurisdiction may be legally sent to and served by 'he police in another jurisdiction, and a declaration of the service in such jurisdiction he sent to and received by the first jurisdiction in which the summons was i.-sued, am! will be Legal evidence in the court of that jurisdiction. 42. Recognisances taken <>i/l of Court. — When a court of summary jurisdiction has fixed, as respects any recognizance, the amount in which the principal and the sureties (if any) are to be bound, the recognizance, notwithstanding anything in this or any other Act, need not be entered into before such court, but may, subject to any rules made in pursuance of this 198 The Sum mar;/ Jurisdiction Act, 1879. Sect. Act, be entered into by the parties before any other court of 1 summary jurisdiction or before any clerk of a court of sum- mary jurisdiction, or before a superintendent or inspector of police or other officer of police of equal or superior rank or in charge of any police station, or where any of the parties is in prison, before the governor or other keeper of such prison ; and thereupon all the consequences of law shall ensue, and the provisions of this Act with respect to recognizances taken before a court of summary jurisdiction shall apply, as if the recognizance had been entered into before the said court as heretofore by law required. By the operation of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), post, justices committing for trial are a court of summary jurisdiction. This section may. therefore, be deemed to apply to cases in which justices had committed for trial, but consented to take bail. A recognizance to prosecute an appeal may be taken iimlcr this section. See note to section 31. See Fade 13 ot Rules of 1886, and Form [36] of Consolidated Forms, 1886. The Consolidated Forms and Rules of 1886 do not contain a form of certificate from a court of summary jurisdiction or a clerk thereof, as mentioned in Rule 13, above referred to*. A form to the follow bag effecl Las for some years been used at the Mansion House and Guildhall Justice Room, London, and may be found useful to justices 1 clerk- upon which to frame a form for their own use: — ■ In the WHEREAS /.'./'. is now in your custody under a Warrant of a ~~" -~ Court oe Summary Jurisdiction, dated the day of , -- a.d. is . 1 HEREBY CERTIFY that the Bearer[s] of this, *"• .1. //.. of .in the [county] of [description], and ( '. /'.. i f , in the [county] of [description] (whose Signatures © are in the margin hereof), ha offered self as Suret for the 5 above-named Prisoner, and h satisfied me of h respective ability {_ to ]ia\ the sum of £ in the event of the Recognizance for the appearance before the Court of Summary Jurisdiction sitting -_ at .of the said E. /•'.. on the day of . A.D. 18 = (to keep th>' peace and be of good behaviour) referred to in the said 2 warrant becoming forfeited. -.j Tin (inn rnor, II. M. Trison, Clerk of the COURT ok SUMMARY Jurisdiction sitting at day of . A.D. 18 . N.B. — The Recognizance of the Prisoner will have to he taken at the Prison. 42 h 43 Vict. c. 19, s. 13. 199 Ajb to recognizances o\ married women, sin- Bection 2\ of 11 & 12 Note Vict. c. -1-, post, 43. Procedure on tin- execution of distress warrants.'] — The following regulations shall be enacted with respect to warrants of distress issued by a court of summary jurisdiction : (1.) A warrant of distress shall be executed by or under the direction of a constable ; and j. Save so far as the person against whom the distress is levied otherwise consents in writing, the distress shall be sold by public auction, and five clear days at the hast shall intervene between the making of tin- distress and the sale, and where written consent is given as aforesaid the sale maybe made in accordance with such consent ; and Subject as aforesaid, the distress shall he sold within the period fixed by the warrant, and if no period is so fixed then within tin- period of fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the said distress, are sooner paid ; and (4.) Subject to any directions to the contrary given by the warrant of distress, where the distress is levied on household good- the goods shall not, except with the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, hut so much of the goods shall he impounded as are in the opinion of the person executing the warrant sufficient to satisfy the distress, by affixing to the articles impounded a conspicuous mark ; and any person removing any good3 so marked, or defacing or removing the said mark, shall on summary conviction he liable to a tine not exceeding five pounds ; and (■">.) Where a person charged with the execution of a warrant of distress wilfully retains from the produce of any to Sect. 42. 200 The Summary Jurisdiction Act, 1879. Sect. goods sold to satisfy the distress, or otherwise exacts any greater costs and charges than those to which he is for the time being entitled by law, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding live pounds ; and (0.) A written account of the costs and charges incurred in respect of the execution of any warrant of distress shall be sent by the constable charged with the execu- tion of the warrant as soon as practicable to the clerk of the court of summary jurisdiction issuing the warrant: and it shall be lawful for the person upon whose goods the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward at any reasonable time to be appointed by the court, and to take a copy of such account ; and (7.) A constable charged with the execution of a warrant of distress shall cause the distress to be sold, and may deduct out of the amount realized by such sale all costs and charges actually incurred in effecting such sale, and shall render to the owner the overplus, if any, after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of the execution of the warrant ; and (8.) Where a person pays or tenders to the constable charged with the execution of a warrant of distress the sum mentioned in such warrant, or produces the receipt for the same of the clerk of the court of summary jurisdiction issuing the warrant, aud also pays the amount of the costs and charges of such distress up to the time of such payment or tender, the constable shall not execute the warrant. The provisions of this section do not apply to tin- execution of warrants of distress for poor rate, &c, where the warrant is issued by a justice, not as a court of summary jurisdiction. Sub-section * is practically a re-enactment of 11 & 1- Vict, c 43, -. 28, ante, d. 111. 42 ,i 43 Vict. c. 49, g. 40. 201 See also 11 & 45 Vict, c. 24, s. •"». /<<•*/. as to warrant- of distress Note executed in Scotland, and Scotch warrants of poinding and sale t0 executed in England. As to distress under the Merchant Shipping Sect - Act, 1894, see 57 & 58 Vict. c. 60, s. 693. _^ See also section iM of the S. J. Act, 1*7!'. as to goods distrainahle and postponement of distraint; and Forms [24 and 28] of Consoli- dated Forms, L886, post. 44. Return by order of court of properly taken from prisoner.] — Where any property has been taken from a person charged before a court of summary jurisdiction with any offence punish- able either on indictment or on summary conviction, a report shall be made by the police to such court of summary jurisdic- tion of the fact of such property having been taken from the person charged and of the particulars of such property, and the court shall, if of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the person charged, direct such property, or any portion thereof, to be returned to the person charged or to such other person as he may direct. See note to section 27. ante, and /.'. v. Lovett, there quoted. This section is limited to the case of persons under charge and to the time during which they are under charge. B. v. D'Eyncourt and Another, 57 J.. J. M. C. 64 : 52 J. P. 244. 45. Local jurisdiction of court under this Act.~\ — Where a person is charged with an indictable offence mentioned in the First Schedule to this Act. before a court of summary jurisdic- tion for any county, borongh, or place, and the court have jurisdiction to commit such person for trial in such county, borough, or place, although the offence was not committed therein, such court shall also have jurisdiction to deal with the offence summarily in pursuance of this Act. "With reference to this section, see 11 Ov 1 li Vict; c. 42. s. 2, post, and notes thereto, and see note to section (3 of 11 & 12 Vict. c. 43, ante. 46. General provision as to local jurisdiction of courts of summary jurisdiction.'] — For the purposes of the trial of any offence punishable on summary conviction under this Act or •20*2 The Summary Jurisdiction Act, 1879. Sect, under any other Act, whether past or future, the following 1 provisions shall have effect : — (1.) Where the offence is committed in any harbour, river, arm of the sea, or other water, tidal or other, which runs between or forms the boundary of the jurisdiction of two or mi ire courts of summary jurisdiction, such offence may be tried by any one of such courts. (2.) Where the offence was committed on the boundary of the jurisdiction of two or more courts of summary jurisdiction, or within the distance of five hundred yards of any such boundary, or is begun within the jurisdiction of one court and completed within the jurisdiction of another court of summary jurisdiction, such offence may be tried by any one of such courts. (3.) Where the offence is committed on any person or in respect of any property in or upon any carriage, can. or vehicle whatsoever employed in a journey or on hoard any vessel whatsoever employed in a navigable river, lake, canal, or inland navigation, the person accused of such offence may be tried by any court of summary jurisdiction through whose jurisdiction such carriage, cart, vehicle or vessel passed in the course of the journey or voyage during which the offence was committed ; and where the side, bank, centre, or other part of the highway, road, river, lake, canal, or inland navigation along which the carriage, cart, vehicle, or vessel passed in the course of such journey or voyage, is the boundary of the jurisdiction of two or more courts of summary jurisdiction a person may be tried for such offence by any one of such courts. (4.) Any offence which is authorized by this section to be tried by any court of summary jurisdiction may be dealt with, heard, tried, determined, adjudged, and punished as if the offence had been wholly committed within the jurisdiction of such court. 12 d 43 Vict. r. 49, 8. 47. 203 Sub-section '_'. Offences committed within the boundary of the Note jurisdiction of two or more courts of summary jurisdiction, that is, to courts a- defined by the Interpretation Act. 1889 (52 iV ■'>'■', Vict. Sect. c. 63), post, and tlic section, therefore, refers to "two or more" 46- justices acting tor two or more adjoining boroughs or counties, and offences committed within 500 yards of the boundary of >uch boroughs or counties, can lie dealt with by justices acting for either of those jurisdictions. See Midland Railway Company v. Freeman, 1- Q. B. 1). 629; r/.; I.. .1. M. I '. 79; 48 J. 1'. wo ; 32 W. 1:. 830; and Williams v. Great Western Railway Company, 52 L. T. 250; 4!' J. P. 439. As to jurisdiction generally, see notes to 11 & 12 Vict. c. 42, s. 2, post, and 11 &12 Vict. <•. 43, s. , without information or complaint appear to be costs ordered to be paid to a defendant on dismissal of the information or complaint (section 18) and costs of appeal (section 1>7). The ease of Ii. v. The Lord Mj<>r of London T. L. E. 50S ; 57 J. P. 633, raised the question as to the proper course to be adopted in recovering costs against the prosecutor, on the dismissal of an information, and the court held that this section applied to the recovery of such costs; therefore, the civil debt procedure should be followed in such cases, as also on dismissal of complaints with costs against the complainant. This section does not apply to cases where the warrant of distress is issued ministeriaHv, as in poor rates, &c. Sec R. v. Price, of the Justices Clerks Act. 1877 (40 & 41 Vict. c. 13), does not apply ; that is to say, the justices of a borough, or a metropolitan police court, or any stipendiary or other magis- trate the salary of whose clerk is regulated under any Act of parliament other than the Justices Clerks Act, 1877 (40 & 41 Vict. c. 43), and the principal Act therein mentioned. See the Justices I Herks Act, 1877, post, 49. Special definitions for purposes of the Act.] — In this Act, if not inconsistent with the context, the following expressions have the meanings hereinafter respectively assigned to them ; that is to say. [The expression "secretary of slate'''' means one of Her Majesty's principal secretaries of state:'] [Repealed by 57 & 5* Vict. c. 56, Schedule.] The expression "child" means a person who in the opinion of the court before whom he is brought is under the age of twelve years : The expression " young person " means a person who in the opinion of the court before whom he is brought is of the age of twelve years, and under the age of sixteen years : The expression "adult" means a person who in the opinion of the court before whom he is brought is of the age of sixteen years or upwards : The expression "person" includes a child, young person, and adult, and also includes a body corporate : The expression "guardian," in relation to a child, includes any person who, in the opinion of the court having recognizance of any case in which a child is concerned, has for the time being the charge of or control over such child : The expression " prescribed " means prescribed or provided by any Act which relates to any offences, penalties, fines, costs, sums of money, orders, proceedings, or matters to the punishment, recovery, making, or conduct of which *20(> The Summary Jurisdiction Act, 1879. Sect - the Summary Jurisdiction Acts expressly or impliedly — - apply or may be applied : The expression " past Act " means any Act passed before the commencement of this Act exclusive of this Act : The expression " future Act " means any Act passed after the commencement of this Act : The expression " fine " includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction : The expression "county" includes any county, riding, division, parts, or liberty of a county having a separate court of quarter sessions : The expression " borough " means a borough subject to the provisions of the Municipal Corporations Act, 1835 (5 & 6 Will. 4, c. 76)), and the Acts amending the same : The expression " local rate " means as respects any county borough or place any county rate, borough rate, or other local rate out of which the costs of the prosecution of any felony committed within such county borough or place are payable : The expressions "sum adjudged to be paid by a conviction" and " sum adjudged to be paid by an order " respectively include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order. The Municipal Corporations Act, 1835 (5 & C> Will. -1, c. 76), and Arts amending the same axe now repealed. In their place has heen enacted a consolidating statute. 45 & 46 Vict. c. 50 (the Municipal Corporations Act, 1882), and the Municipal Corporations Act, 1883 (4(5 &47 Vict. c. 18), applies to certain places particularly mentioned in the schedule thereto. As to the meaning of the word " person " see also .VJ & 53 Vict, c. <;:;, ss. 2 and 19, post, and as to the meaning of the words "county" and "borough," see ss. 1 and 15 of the said Act. General Definitions. 50. General definitions applicable to this and future Acts. - ]— [In this Act and any future Act, if not inconsistent with the 42 ,('• 43 Vict. c. 49, s. 50. '207 context, the following expressions shall have ihe meanings hereinafter respectively assigned to them : that is lo say, The expression "The Summary Jurisdiction Act, L848"(ll & 12 Vict, c. 43), shall mm a the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter 43, intituled "An Act to facilitate the per- formance of the da ties of justices of the peace out of sessions, within England and Wales, with respect to summary convictions and orders : " The expression " The Sam many Jurisdiction Acts" and the expression " The Summary Jurisdiction {English) Acts shall respectively mean the Summary Jurisdiction Act, 1848 (11 <(• 12 Vict. c. 43), this Act and any Act past or fat arc amending the Summary Jurisdiction Act, 1848 (11 '"'•'//// /or -1///'//. .V to Vict. c. 24, s. 6, post (The S. J.' Process Act, 18S1), and notes Sect, thereon, and ante, as to appeals in bastardy. ^ The orders which arc enforceable as orders of affiliation are orders under the S. J. (Married Women) Act, 1895 (58 & ">!> Vict. i . 39), see section it ; and orders under the Prevention of Cruelty to Children Act, L894, see .".7 & 58 Vict. c. 41, s. 7. Repeal. 55. Repeal of Acts.'] — [There shall he repealed as from the commencement of this Ac/ — (1.) Tin- Acts nun! toned in the second schedule lo this Art to the exlentin the third column of thai schedule mentioned; ami {2.) So mac// of any other Act as is inconsistent ivith this Ac/. Provided that this repeal shall not affect — (1.) Anything duly done or suffered before the commencement iff ///is Ad nmler any enactment hereby repealed ,• or (•J.) Any right or privilege acquired or ami liability incurred injure ////■ commencement of ///is Ac/ under ami enact- irieal hereby repealed; or i :;. i Any imprisonment, fine, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before the commencement of this Act under any enactment hereby repealed .• or ft.) The institution or prosecution to its luminal ion of any investigation or legal proceeding or any other remedy for prosecuting any such offence, or ascertaining, enforcing, or recovering any such liability, imprison- ment, fine, forfeiture, or punishment as aforesaid, and an/i such investigation, legal proceeding, and remedy mail In carried on as if this repeal had not been enacted.] [Repealed by ">7 & 58 Vict, c 56, Schedtde.] Where any unrepealed Act of parliament incorporates or refers bo any provisions of any Act hereby repealed, such unrepealed Act shall he deemed to incorporate or refer to the corresponding provisions of tin's Act. 42 r the time being in force to be punishable as simple larceny, where the value of the wlmle of the property alleged to have been stolen, destroyed, injured, or other- wise dealt with by the offender due- not in the opinion of the court before whom the charge is brought exceed forty shillings. .'>. Larceny from or stealing from the person, where the value of the whole of the property alleged to have b< en stolen does not in the opinion of the court before whom the charge is brought exceed forty shillings. 4. Larceny as a clerk or servant, where the value of the whole of the property alleged to have been stolen does not in the opinion of the court before whom the charge is brought exceed forty shillings. 214 Tlt<- Summary Jurisdiction Act, 1879. First Column. Young Persons consenting and Adults pleading guilty. 5. Embezzlement clerk or servant. by a (i. Receiving stolen goods, that is to say, committing any of the offences relating to property specified in the ninety-first and ninety-fifth sect inns of the Larceny Act. L861 [being the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter ninety- six), or in either of such sections. 7. Aiding, abetting, coun- selling, or procuring the commission of simple lar- ceny, or of an offence de- clared by any Act for the lime being in force to be punishable as simple larceny, or of larceny or stealing from the person, or of larceny as a clerk or servant. 8. Attempt to commit simple larceny, or an offence declared by any Act for the time being in force to be punishable as simple lar- ceny, or tn cniiiiiiit larcenj from or steal from the per- on, >r to commit larceny ;i> a clerk or servant. Second Column. Adults consenting. 5. Embezzlement by a clerk or servant, where the value of the whole of the property alleged to have been embezzled dues not in the opinion of the court before whom the charge is brought exceed forty shillings. G. Receiving stolen goods, that is to say, committing any of the offences relat- ing to property specified in the ninety- first and ninety-fifth sections of the Larceny Act, 1861 (being the Act of the session of the twenty-fourth and twenty- fifth years of the reign of Her present Majesty, chapter ninety-six), or in either of such sections, where the value of the whole of the property alleged to have been received does not in the opinion of the court before whom the charge is brought exceed forty shillings. 7. Aiding, abetting, counselling, or procuring the commission of simple larceny, or of an offence declared by any Act for the time being in force to be punishable as simple larceny, or of larceny or stealing from the person, or of larceny as a clerk or servant, where the value of the whole of the property which i- the subject of the alleged offence does not in the opinion of the court before whom the charge is brought exceed forty shillings. s. Attempt to commit simple larceny. or an offence declared by any Act forthe time being in force to be punishable as >i m | i!e larceny, or to commit larceny from in- steal from the person, or to commit larceny as a clerk or servant. [ As to offences under the [nebriates Act. L89S (61 vv 62 Vict. c. 60), see post, p. :!17. As to false pretences and malicious damage tn woods, &c, pee 62<& 63 Vict.c. 22, post, pp. 218and219.] 42 c6 43 Vict. c. 19, Sched. 1. 215 This Act shall apply to any of the following off euros when alleged Note to have been committed by a young person in lik*- manner as if to such offence were included 'in the first column of the schedule ; that Sc ^ :d - is to say, . 1 (1.) to any offence in relation to railways and railway can mentioned in sections thirty-two and thirty-three of the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter one hundred, intituled "An Act to consolidate and amend the statute law of England and Ireland relating to offences linst the person " ; and (2.) To any offence relating to railways mentioned in section thirty-five of the Act of the session of the twenty-fourth and twenty-fifth year- of the reign of Her present Majesty, chapter ninety-seven, intituled " An Act to consolidate and amend the statute law of England and Ireland relating to malicious injuries to property " : and (3.) To any indictable offence, either under the Post-office Laws or prosecuted by Her Majesty's Postmaster-General; and for the purpose of this provision the expression "Post- office Laws" has the same meaning as it has in the Act of the session of the seventh year of the reign of King William the Fourth and the first year of the reign of Her pre-. nt Majesty, chapter thirty-six. intituled "An Act for consolidating the laws relative to offences against the Post-office of the United Kingdom, and for regulating the judicial administration of the Post-office Law-, and for explaining certain terms and expressions employed in those laws," and the Acts amending tic same. (See note to section 11 of the S. J. Act, 1879, a The following are the enactments above referred to — (1.) L.uaKXY Act, 1861. 2 I & 25 Vict. c. 96. 91. Receiving where the principal is guilty of felony. — Whosoever shall receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling, or otherwise disposing thereof shall amount to a felony, either at common law or by virtue of this Act, knowing the same to have been feloniously stolen, t ikeh, extorted, obtained, embezzled, or disposed of, shall be guilty of felony, and may be indicted or con- victed either as an accessory alter the Eaet or for a substantive 216 The Summary Jurisdiction Act, 1879. Note felony, and in the latter case, whether the principal felon shall or to shall not have been previously convicted, or shall or shall not be Sched. amenable to justice; and every such receiver, howsoever convicted, *• shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years, ... or to be imprisoned, . . . and if a male under the age of sixteen years, with or without whipping : Provided, that no person, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence. » * # * * 95. Receiving where the principal has been guilty of a misdemeanor. — Whosoever shall receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, obtaining, converting, or disposing whereof is made a misdemeanor by this Act, knowing the same to be unlawfully stolen, taken, obtained, converted, or disposed of, shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice ; and every such receiver, being convicted thereof, shall be liable, at the discretion of the court, to be kept in penal seiwitude for any term not exceeding seven years, ... or to be imprisoned, . . . and, if a male under the age of sixteen years, with or without whipping. (2.) Offences in Relation to Railways and Railway Carriages. The Offences against the Person Act, 1861. 24 & 25 Vict. c. 100. 32. Placing wood, &c, on a railway, with intent to endanger passengers. — WnosoeveT shall unlawfully and mali- ciously put or throw upon or across any railway any wood, stone, or other matter or thing, or shall unlawfully and maliciously take up, remove or displace any rail, sleeper, <>r other matter or thing belonging to any railway, or shall unlawfully or maliciously turn, move or divert any points or other machinery belonging to any railway, or shall unlawfully and maliciously make or show, hide or remove, any signal or light upon or mar to any railway, or shall unlawfully and maliciously do or cause to he done any other matter or thing with intent, in any of the eases aforesaid, to endanger the Safety of any person travelling or being upon such railway, shall he guilty of felony, and being convicted thereof, shall he liable, at the discretion of the court, to he kept in penal servitude for lifo . . . or to lie imprisoned, . . . and if a male under the age of sixteen years, with or without whipping. 42 & 43 Viet. e. 49, Sched. 1. 217 33. Casting stone, &c, upon a railway carriage, with Note intent to endanger the safety of any person therein. — to Whosoever shall unlawfully and maliciously throw or cause to tall Sched. or strike, at, against, into, <>r upon any engine, tender, carriage, or *■ truck used upon any railway, any wood, stone, or other matter or thing, with intent to injure or endanger the safety of any person being in or upon such engine, tender, carriage, or truck, or in or upon any other engine, tender, carriage, or truck of any train of which such first-mentioned engine, tender, carriage, or truck shall form part, shall be guilty of felony, and being convicted thereof shall he liable . . . to be kept in penal servitude for life. (3.) Offences relating to Railways. TTu Malicious Damage Act, 1861. 24 & 25 Vict. c. !»7. 35. Placing wood, &c, on railway with intent to obstruct or overthrow any engine, &c. — Whosoever shall unlawfully and maliciously put, place, cast, or throw upon or across any railway any wood, stone, or other matter or thing, or shall unlawfully and maliciously take up, remove, or displace any rail, sleeper, or other matter or thing belonging to any railway, or shall unlawfully and maliciously turn, move, or divert any points or other machinery belonging t<> any railway, or shall unlawfully and maliciously make or show, hide or remove any signal or light upon or near to any railway, or shall unlawfully and maliciously do or cause to bo done any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage or truck using such railway shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life . . . or to be imprisoned, . . . and, if a male under the age of sixteen, with or without whipping. Inebriates Act, 1898. 61 & 62 Vict. c. 60. The S. J. Act, 1879, shall apply to proceedings under section 2 of the Inebriates Act, 1898 (01 & 62 Vict. c. 60), as if the offence charged were specified in the second column of the First Schedule to this Act. The Second Schedule is repealed by the Statute Law Revision Act, 1894 (57 & 58 Vict. c. 50). 218 THE SUMMARY JURISDICTION ACT, 1899. 62 & 63 VICT. Cap. 22. An Act to amend the Summary Jurisdiction Act, 1879. [9th August, 1899.] Be it enacted by the Queen'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, as follows : — Sect. l. 1. Amendment of schedule to 42 & 43 Vict. c. 4!).] — The First Schedule to the Summary Jurisdiction Act, 1879, shall include the offeuces mentioned or referred to in the schedule to this Act in the same manner as if the schedule to this Act formed part of the First Schedule to the Summary Jurisdiction Act, 1879. 2. Amendment of 42 & 4:3 Vict. c. 49, s. 11.]— Section eleven of the Summary Jurisdiction Act, 1879 (which gives power to deal summarily with young persons by consent) shall extend to all indictable offences other than homicide, and accordingly in that section the words " specified in the first column of the First Schedule to this Act -1 arc hereby repealed, and the words "other than homicide" shall be substituted then 'fur. 3. Explanation to be given of "false pretences."'] — Where a court of summary jurisdiction proposes to deal summarily in pursuance of this Act with a charge of obtaining by false pre- tences from any pernon any chattel, money, or valuable security with intent to defraud, the court shall, after the charge 62 a 68 Vict. c. 22. •Jin has been reduced to writing and read to the person charged, Sect. S. state in effect that a false pretence means a false representation by words, writing, or conduct that some fact exists or existed, and that a promise as to future conduct not intended to be kept is not by itself a false pretence, and may add any such further explanation as the court may deem suitable to the circumstances. 4. Short title.'] — This Act may be cited as the Summary Jurisdiction Act, 1899. SCHEDULE. Fikst Column. Young Persons consenting and Adults pleading Guilty. 1a. Obtaining or at- tempting t<> obtain by any false pretence from any person any chattel, money, or valuable security with intent to defraud against the provisions of the Lar- cenv Act, 1801. section eighty-eight (24 <& 25 Viet. i . 96). The offence of unlawfully and maliciously setting fire to any part of any wood, ci,]. [Mii>. or plantation of trees, or to any heath, gorse, furze, or fern, under section sixteen of the Malicious Damage Ad, L861 (24 & 25 Vict. c. '.'7 . Sei ond Column*. Adalts consenting. 1a. Obtaining or attempting to obtain by any false pretence from any person any chattel, money, or valuable security with intent to defraud, where the amount of the money or the value of the whole of the chattels', valuable securities, or pro- perty alleged to have been obtained by such false pretence does not, in the opinion of the court before whom tin- charge is brought , exceed forty shillings. The offence of unlawfully and mali- ciously setting fire to any part of any wcod, coppice, or plantation of trees, or in any heath, gorse, furze, or fern, under section sixteen of the Malicious Damage Ait. 1861, where the damage done i,, the property which is the subject of the alleged offence does not in the opinion of the court before whom the charge is brought exceed in amount forty shillings. 220 THE SUMMARY JURISDICTION ACT, 1884. 47 & 48 VICT. Cap. 43. An Act to repeal divers Enactments rendered unnecessary by the Summary Jurisdiction Acts and other Acts relating to Proceedings t/efore ( 'ourts of Summary Jurisdiction, and to make further provision for the uniformity of Proceedings before those Courts. [7th August, 1884.] 11 & 12 Vict, c 43—12 & 13 Vict. c. 43—42 & 43 Vict. c. 49.] — [ Whereas the Summary Jurisdiction Acts regulate the procedure before courts of summary jurisdiction and on appeals from those courts to courts of quarter sessions, and it is expedient to provide for uniformity of procedure in all such cases: Be it therefore enacted bg the Queen's most excellent Majesty, by and with the ad rice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the author it g of the same, as follows :] [Repealed by 61 & 62 Vict, c -2-2.] 1. Short title."] — This Act may be cited as the Summary Jurisdiction Act, 1884. As to the object of this Act, see Dexmax, J.'s, judgment in Shingler v. Smith, ante, p. 51. 2. ( 'ommencement ofAcf]- -\_ThisAct shall come into operation on th<' first dag of December, one thousand eight hundred ami eight g- four.'] [Repealed by 61 & 62 Vict. c. 22.] 3. Repeal of obsolete punishments for non-payment of fines ami other sums of money. \—[ Whereas the Summary Jurisdiction Ads provide for the imprisonment of a person for tin non-payment 47 ,(■ 48 Vict. c. 48, s. 4. 221 in certain cases of a sum of money adjudged to he /'ait/ by the Sect - 3 - conviction or order of a court of summary jurisdiction, and it is edient to repeal so much of any enactment as provides the punishment of whipping or any punishment other than imprison- ment, villi or without hard labour, provided for such non-payment: Be it therefore enacted that—] [Repealed by \\\ & 62 Vict.c. 22.] So much of any Act as enacts that a person on non-payn of a sum of money adjudged to be paid by the conviction or order of a court of summary jurisdiction in England shall be liable to lie whipped or to any other punishment than imprisonment, with or without hard labour, is hereby repealed. With reference to this section, see \- \ 13 Vict, c, 49, .-. 21 4. Repeal of Acts in schedule.'] — The Acts contained in the Bchedule to this Act are hereby repealed to the extent in the third column of that schedule mentioned. Provided that — (1.) Where an enactment extends beyoud England that enactment shall be repealed only as regards England ; and (2.) The expression in the said schedule "conviction or order of a court of summary jurisdiction "' shall mean a conviction or order made in pursuance of the Summary Jurisdiction Acts ; [and This repeal shall not revive ami enactment repealed ha ami of the repealed Acts, nor shall it affect — ia.) Any thing duly done or suffered before tin commencement of this Art under ana enactment hereby repealed; or (b.) Any legal proceeding or appeal commenced, or ana writ, warrant, or instrument made or issued before tin commencement of this Art .- and any such legal proceeding, appeal, writ, warrant, and instrument may be carried on and executed as if this Act had not passed.} [Repealed ha 61 «i 62 Vict. <\ 22.] A reference in any Act of parliament or other document to 222 The Summary Jurisdiction Act, 1884. Sect 4. any enactment repealed by this Act, whether incorporating or applying such enactment or otherwise, shall be construed to refer to the corresponding enactment in the Summary Juris- diction Acts, and so far as there is no such corresponding enactment shall be repealed. As to the object of this Act of parliament, and the effect of its repeals, see the judgment of Dexm.w, J., in Shingler v. Smith, in note to section 31 of S. J. Act, 1ST!', ante, p. 177. As to the repeals implied in this Act as distinguished from those expressed in the schedule, see Ji. v. Glamorganshire JJ. (1889), ante, p. 17^. 5. Removal of doubts as to application of Summary Juris- diction Acts.] — [Whereas doubts may arise as to whether the Summary Jurisdiction Ads apply, or will, after the repeal enacted by this Art tales effect, apply to the proceedings before jus/ires referred to in the sections mentioned in the third column of the schedule to litis Act, and it is expedient to remove such doatds : He it therefore enacted that — ] [Repealed by 6] method for the recovery of such penalty or fine, sections nineteen and bwenty-one of the Summary Jurisdiction Act, is is ( l I & \'i Viet. c. \-'>). as amended by section twenty-one of the Summary Jurisdiction Act, L879 (42 & 43 Vict, c 49), shall apply to the recovery of such penalty or fine. 41 ,i is Vict. c. 4:5. g. 7. 22 6. Application of provisions of 42 2 & 53 Vict. c, 63, Schedule, post. This Act at section 13, sub-section 1 L, gives in a consolidated form the same definition of court of summary jurisdiction.] The following opinion of the law officers of the Crown as to the meaning of the above section was given on 1st December, 1884 : •■ We are of opinion that a justice, when acting in relation to indictable offences (other than those he has assumed power to deal with summarily under section 27 of the Summary Jurisdiction Act. 1879), is a court of summary jurisdiction. "The Act of 1879 must now be read as though it contained the amended definition enacted by section 7 of the Act of 1884. Where- ever, therefore, the words 'court of summary jurisdiction' occur in the Act of 1879, they must be construed according to this extended definition in all cases in which the subject-matter of the section admits of such a construction." See also note to section '-^> of Summary Jurisdiction Act, 1879, ante, and the Home Secretary's letter there referred to. And see the case of R. v. Griffiths, 54 L. T. 280. and note to section 17 of 11 >V" 12 Vict. c. 12, post. By A', v. Lord Mayor of London and Brown, 52 J. 1'. 70 : ">7 L. T. (n.s. n 49, ante, the justices have power to state a case in relation to a poor rate, and see note fco section 10, post. Under section 13, sub-section 11. of the Interpretation Act, 1889 (52 & 53 Vict. c. 63 . post, which repeals and re-enacts section 7 of the S. J. Act, 1884, justices sitting to hear an application for the issue of a distress warrant for the non-payment of poor rates, are not necessarily exer< ising a ministerial duty, but are authorised to inquire into the validity of tl bjections taken by the part} summoned, and to state a case for the opinion of the High Court, Fourth ''it// Mutual Building Society v. Churchwardens << d Over- ■ ■ of East Ham, L. II. 1892] ! Q. B. 661 ; 56 J. P. 440. 8. Extension of 12 & 13 Vict. c. !9, s.30.] — {Whereas doubts have arisen whether under tin- thirtieth section of the Summary Jurisdiction Act, 1879, the justices or council therein mentioned have power to provide more than one petty sessional court-Jtouse, and it is expedient that such doubls should be removed: Beit therefore enacted as follows : II is hereby declared thai] [Repealed by 61 & 62 Vict, c. 22] the power of the thirtieth sect ion of the Summary Jurisdiction Act. 1879, given to the justices or council therein mentioned to 17 & Is Vict. c. 43, 8. 11. 225 provide a petty sessional court-house shall be deemed to extend Sect. 8. to providing more than one such petty sessional court-houseif the justice or council shall think it necessary or expedient so to do. [And for the further removal of doubts it is hereby declared thal~\ 'Repeated by 61 & 62 Vict. c. 22 a petty sessional court-house or occasional court-honse for the use of the justices of any enmity may be outside the limits of the petty sessional division for which Buch court-house is provided or appointed, and may be either in the said county,or in any adjoining county or borough, and for the purpose of the jurisdiction of any justices acting in Buch court-house the same shall be deemed to be within the county and the petty sessional division for which such justices act. 9. Removal of doubts as to effectof to & 16 Vict. c. 50, s.227, on 42& t- Vict, c.49, 8.38.] — Nothing in section two hundred and twenty-seven of the Municipal Corporations Act, 1882, shall be taken to have repealed section thirty-eight of the Summary Jurisdiction Act, 1879. The provision referred to in 45 & 46 Vict. c. 50, s. 227, is as to the power of borough constables to take bail. See notes to Bection 38, S. J. Act, l v 7!>. ante. 10. Saving for the recovery of poor rates, dr.\ — Nothing in Aci shall alter the procedure for the recovery of or any remedy for the non-payment of any poor rate, or of any rate or sum. the payment of which is not adjudged by the conviction or order of a court of summary jurisdiction. In R. v. Lord Mayor of London, 52 J. P. 20; 57 I.. T. >\.>.) 4U, Coleridge, L.C.J., said, "The right to state a case before you conclusively put the law in operation is no part of the procedure for enforcing the poor rate." This Bection, therefore, does not pie- vent the statement of a case on a question relating to a poor rate. also Fourth City, &c. v. East Ham Churchivardens, ante, p. 1SS. The procedure under 12 & l3Vict. c. 14, for enforcing payment ■ ■I poor rates is not affected by the S. .J. Acts, and is expressly r< si rved by thi> section. See /<< r< Elizabeth AH>u, .jii J. P. 229, 63 I-. J. M. C. 267. 11. Recovery of payments certified by district auditors.] — The payment of any sum certified by a district auditor to be due in B.J.A. q '226 The Summary -Jurisdiction Act, 1884. Sect - accordance with the Poor Law Amendment Act, 1N44, and the — 1 Acts amending the same, or with any other Act may, together with the costs of the proceedings for the recovery thereof, be enforced in like manner as if it were a sum due in respect of the poor rate. By the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101), s. 32, the certified sums were to bo recovered in the same manner as penalties and forfeitures may be recovered under the Poor Law Amendment Act, 1834 (4 & 5 Will. 4. c. 76). See sections 92, 99, 101, and 103. In 49 J. P. 29, it is stated to be the opinion of the learned editors that a complaint under the Act referred to in this section may be sent to justices without the auditor's personal attendance. 12. Effect of forms. "\ [Whereas by section twenty-nine of the Summary Jurisdiction Act, 1879, the Lord Chancellor is authorised from lime to time to make rules in relation to the forms to be used under the Summary Jurisdiction Acts or any of them, and to annul and to add to forms in relation to summary proceedings contained in other Acts, and doubts hare arisen with respect to the effect of the forms altered by such rules, and it is expedient to remove such doubts : Be it therefore enacted that — ] {Repealed by 61 & 62 Vict. c. 22] A form authorised by any rules for the time being in force in pursuance of the said section shall be of the same effect as if it were contained in the Summary Jurisdiction Act, 1848 1 11 & 12 Vict. c. 43], or in any other Act to which the form is made applicable. See the Rules and Consolidated Forms of 1886, post, made and issued under this section, which came into force on January 1st, 1887. Where the authorised forms arc not followed, what has been stated as to form and contents of information (see section 10 of S. J. Act, 1848, and notes thereon, ante, p. 46 et seq.), requisites of convictions (ante, p. 91 et seq.) and warrants of commitment (mite, pp. 96, 99 et seq?) should be referred to. SCHEDULE. [This Schedule contains a large number of statutes hereby repealed. The Schedule itself is now repealed by the Statute Law Revision Act, 1898 (61 $ 62 Vict. c. 22).] Rules. 227 Rules. RULES AND SCHEDULE OF FORMS las*' The Summary Jurisdiction Rules, and Consolidated Fori " or "the S. -T. Rules," &c). by the Lord i 'iiaxcei.i.ok. and coming into operation on the y of January, 1887. RULES. PAGE 1. Short title ■ • 233 2. ' ommi • 233 :;. Register 233 -l. >]><■< i.il appropriation of fine under ;i statute 233 5. Beturne • • 233 6. Foi in oi ■" counl ol fines, &c. . . . 233 7. Rule as to sums of which payment is deferred or to be made by instalments . . . - : 'l 8. Provision'for dispensing with unnecessary accounts 234 9. Entry of receipts by clerks .. .. 234 10. Remitted !••• - book 234 ] 1 . ( Jrown fines ... 234 ]•_'. Application of siun due under forfeited security 235 13. Taking of recognizances by governor of prison .. '_'•'!■") 14. Form of security undei Acl 235 15. Security book . . . -'■>■' 16. Notice to principal of forfeiture of security . . 236 17. Mode of application to vary order for sureties .. 236 18. Turn fan stating special case .. .. 236 19. Particulars of cJaini for civil debt 237 20. Judgment summons .. . . . . . . 237 21. Service of judgment summons .. .. 237 22. Issue and proof of service of judgment summons . . 237 •J:;. Time of sen . . • . . . 237 24. Adjournment of hearing of judgment summons .. 237 25. Witnesses on judgment summons .. .. .. 237 lit;. Date of order of commitment 238 27. Payment by judgment debtor .. 238 28. Discharge of judgment debtor .. 238 29. ('<<>ts of plaintiff in enforcing order. . ... 238 30. Fee for taking declaration . . -'■]'.! 31. Forms .... .. 239 32. Annulment of forms and rules .. 239 Rule of 6 April. 1899, as to sums paid under Bection 9 of the Prison Act, 1898 .. 239 q 2 228 The Summary Jv/risdiction Act*. Sched. SCHEDULE. Part [.—Forms in Summary Proceedings other than for Civil Debts. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31, 32. 33, 34. 35. 36. 37, 38, 39. 40. Information or complaint Summons to defendant Summons for forfeiture of recognizance Summons to vary sureties, &c. Summons to "witness .. Warrant for apprehension of defendant Warrant for apprehension of a witness Warrant for apprehension of witness in first instance Commitment of witness Commitment on remand, &c. ( lonviction for penalty, &c. Conviction (imprisonment) . . Conviction (forfeited recognizance) . ( lonviction of child for indictable offence Conviction (by consent) for indictable offence ( lonviction 'on plea of guilty) for indictable offence ( lonviction (with security) Order for money (not a civil debt) ( >i tier tor other matter- Order of recognizance to keep the peace, &c. ( Irder of dismissal Order of dismissal with damages Certificate of dismissal Warrant of distress (for penalty, &c.) Warrant of distress on an order for money (not a civil debt), or costs, iVc. Warrant of distress for sum due under recognizance Return of insufficient distress to bo endorsed on warrant Aocount of charges incurred on a warrant of distn — Commitment in lieu of distress Commitment pending return to warrant of disl Commitment in default of distress Commitment for ;t penalty without distress Commitment on sentence of imprisonment only I lommitment on an order in the first instance Endorsement on process Recognizance Endorsement of forfeiture of recognizance. . Endorsement mitigating forfeiture, &c, Notice of recognizance to be given to the defendant and his sureties Security for penalty, &c. List of Forms. •2-2! » 41. Security to perform condition of forfeited recognizance 42. Notice to principal of forfeiture of security 4:;. Order varying order for sureties .. 41. I >rder to bring up prisoner for bail . 45. Notice to parenl or guardian of child charged with an indictable offence i leclaration of service .... 47. Declaration as to handwriting and seal 48. Certificate of costs of prosecution of indictable offence dealt with summarily 4i». Certificate of clerk of the peace that the costs of an appeal have not been paid PAGE 258 258 258 259 25!> 259 260 200 261 Sched. Pari II.- - applicable to proceedings fob the Rjei over? op a Civil Debt. 1 . ( lomplainl 2. Summons to appear :;. Summons to u itnese 4. Judgmi 5. Judgment summons 6. < Irder of commitment. . 7. 1 !ertificate for discharge from custody 8. 1 listress warrant 9. Undertaking to ; ay civil debt 261 261 ■H>2 262 263 263 264 265 265 Part QI.— General Forms. 1. Regisb 1 267 2. Ac-count of fines and fees .. . . . . 268 3. Remitted fee book . . 270 4. Return of exchequer fines, penalties, &c. .. . . 271 Rule and schedule of additional tonus under the S. J. Acts (Reformatory and Industrial Schools) .. 27'J 230 The Summary Jurisdiction Acts. Forms. Table showing the correspondence between the Forms scheduled to 11 & 12 Vict. c. 43, and the Consolidated Forms. Schedule to i onsolidated 11 & 12 Vict. c. 43. Forms. A 2 B 6 (' 6 D E F 10 36 . 37 G 1 •"> G 2 7 G ••; .. 8 G 4 X 4 . 27 X 5 . 31 1 32 2 . . 34 P 1 :;:; P 2 32 P 3 21 P l 25 P 5 31 Q 1 2"> Q 2 :tl I: 19 Forms. 231 Forms. B. Table showing the correspondence between the Forms scheduled t«» the Summary Jurisdiction Rules, 1880, and the Consolidated Forms. Part I. Summary Jurisdiction Rules, 1SS0. 1 8 !» 10 11 12 13 H 15 10 17 is 19 20 •_'l •24 •28 "J!t 30 31 32 33 Consolidated Forms. 1 35 11 11 12 12 11 is •JO 13 It 15 15 16 21 21 IT 24 •_'."> ■i:> 26 •i:> •jo •J!l 30 :;i 31 '2-6-2 The Summary Jurisdiction Acts. Forms. Summary Jurisdiction Consolidated Rules, 1880. Forms. 34 . . 37 3o 38 36 . . 36 37 . . 40 38 . . 41 39 .. 412 40 . . 43 41 . . — 4l> .. 44 43 . . 45 44 . . 46 4.3 . 47 4(J . . 48 47 . . 28 P VKT II. •23S SUMMARY JURISDICTION RULES, 1. Short ///&.]— These rules may be cited as the Summary Rules. Jurisdiction Rules. 1886. 2. Commencement] — These roles shall come into operation on the first day of January, 1887. 3. RegisU r.]— The clerk of each court of summary jurisdiction shall keep the register required to be kept by him in pursuance of the Summary Jurisdiction Act, 1879, with such particulars as appear by the form in Part III. of the schedule hereto. 4. Special appropriation of fine, under a statute.'] — Where in pursuance of any statute a court of summary jurisdiction specially directs the appropriation of a fine, the statute under which the appropriation is made shall be set forth in the register and authenticated by the signature of the justice or one of the justices constituting the court. 5. Returns.] — The return referred to in section twenty-two, sub-section (4) of the Summary Jurisdiction Act, 1879, shall contain the particulars required to be entered in the register. The justice signing any Buch return shall cause it to be sent to the clerk who keeps the register for his petty sessional division, and that clerk shall enter the return in his register. 6. Form of account of fines.] — The form of account to be rendered by clerks of courts of summary jurisdiction of fines, fees, and other sums received by them shall be the form given in Part III. of the schedule hereto, or a form to the like effect approved by the local authority under the Justices' Clerks Act, 1877. and shall be rendered (piarterly or at any le•">. shall be kept according to the form in Tart III. of the schedule hereto, and shall be called the Remitted Fees P>ook. 11. Crown fines. ~\ — The clerk of each court of summary jurisdiction shall send on the tenth day of January, April. Rules. 235 .Fuly. and October in each year to the Secretary of State for Rules- the Home Department, Whitehall, without paying the postage, a certified statement, in the form in Part III. of the schedule hereto, of all fines which have been imposed by the court during the previous three mouths, and which are payable wholly or in part to Her .Majesty or to the Exchequer. If no such fines have been imposed, the statement shall be certified in blank. 12. Application of sum due under forfeited security.'] — Where a court of summary jurisdiction has enforced payment of any sum due by a principal in pursuance of a security uuder the Summary Jurisdiction Act, 1879, which appears to the court to be forfeited, the sum shall, unless it is recoverable as a civil debt, be paid to the clerk of the court, and shall be paid and applied by him in the manner in which tines imposed by the court., in respect of which fines no special appropriation is made, are payable and applicable. 13. Tal. ing of recognisances In/ governor of prison.'] — Where a court of summary jurisdiction has fixed as respects any recog- nizance the amount in which a principal and a surety or >ui -ties are to be bound, the governor of a prison shall not be required to take the recognizance of any person proposed as surety, unless the person so proposed produces a certificate in writing from a court of summary jurisdiction, or a clerk there..!', that he has satisfied the court or clerk of his ability t<> pay the amount for which he is to be bound in the event of the recognizance becoming forfeited. 14. Form of security under Act.] — Any security given under the Summary Jurisdiction Act. L879, by an oral or written acknowledgment shall be in the form of an undertaking, and may be in the appropriate form in Part I. or Part IP of the schedule hereto, or in any other form to the like effect. 15. Security booh.] — The clerk of each court of summary jurisdiction shall keep a security book, and shall enter therein. ~2'M) The Summary Jurisdiction Act, 1879. Eules. with respect to each security given in relation to any proceeding before the court, the name and address of each person hound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which lie is bound, the date of the security, and the person before whom it is taken. "Where any such security is not entered into before the court, or before the clerk of the court, tbe person before whom it is entered into shall make a return of it, showing the above particulars, to the clerk of the court. The security book, and any certified extract therefrom, shall lie evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register. 16. Xotice to 'principal of forfeiture of security.~\— L Not less than two clear days before a warrant of distress is issued for a sum due by a principal ill pursuance of a forfeited security under the Summary Jurisdiction Act, 187'.), the clerk of the court of summary jurisdiction issuing the warrant shall cause notice of the forfeiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Summary Jurisdiction Acts. 17. Mode of application to ran/ order for sureties.] — An application under section twenty-six of the Summary .Jurisdic- tion Act, 1879, shall be an application for a summons requiring the complainant to show cause why the order made ou his complaint should not be varied. 18. 'Finn for stating special case.] — An application to a court of summary jurisdiction under section thirty-three of the Sum- mary Jurisdiction Act, 1879, to state a special case shall be made in writing, and a copy left with the clerk of the court, and may be made at any time within seven dear days from the date of the proceeding to be questioned, and the case shall be stated within three calendar months alter the date of Rules. 237 the application and after the recognizance shall have been Rules. entered into. (Sec Notes to 20 & -2\ Vict, c. 43, post.) 19. Particulars of claim for civil debt.] — In the ease of a claim for a civil debt recoverable summarily, the particulars of the claim shall, unless embodied in the summons, be annexed to and. if so annexed, shall be deemed part of the summons. 20. Judgment summons.] — An order of commitment under section thirty-five of the Summary .Jurisdiction Act. 1ST'.', shall not be made unless a summons to appear and be examined on oath (hereinafter called a judgment summons) has been served on the judgment debtor. 21. Service of judgment summons.] — The judgment summons shall, whenever it is practicable, be served personally on the judgment debtor, but if it is made to appear on oath to a court of summary jurisdiction that prompt personal service is for any reason impracticable, the court may make such order for substituted or other service as the court may think just. 22. Issue and proof of service of judgment summons.]— A judgment summons may issue although no distress warrant has been applied for, and its service, where made out of the jurisdiction of the court of summary jurisdiction issuing the summons, may be proved by affidavit or solemn declaration. 23. Time of service.] — A judgment summons shall he served not less than two clear days before the day on which the judgment debtor is required to appear. 24. Adjournment of hearing of judgment summons.] — The hearing of a judgment summons may be adjourned from time to time. 25. Witnesses on judgment summons.] — Any witness may be summoned to prove the means of the judgment debtor, in the same manner as witnesses are summoned to give evidence on the hearing of a complaint. 238 The Summary Jurisdiction Act, 1879. Kules. 26. Date of order of commitment.]- An order of commitment made under section thirty-five of the Summary Jurisdiction Act, 1879, shall, on whatever day it is issued, bear date on the day on which it was made. 27. Payment by judgment debtor.]— When an order of com- mitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the governor of a prison, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and on receiving that amount the officer shall discharge the defendant, and shall forthwith pay over the amount to the clerk of the court of summary jurisdiction which made the order. 28. Discharge of judgment debtor.]— The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the clerk of the court of summary jurisdiction from which the commitment order was issued, or to the governor of the prison in whose custody the prisoner is. Where it is paid to the clerk, he shall sign a certificate of the payment, and upon receiving the certificate by post or otherwise the governor of the prison in whose custody the prisoner then is shall forthwith discharge the prisoner. Where it is paid to the governor of the prison, he shall, on payment to him of that amount, with costs sufficient to pay for sending the amount by post office order or otherwise to the court of summary jurisdiction under the order of which the prisoner was committed, sign a certificate of the paymi nt, and discharge the prisoner, and forthwith transmit the sums so received to the clerk of the said court. 29. Costs of plaintiff in enforcing order.] — All costs incurred by the plaintiff in endeavouring to enforce an order shall, unless the court shall otherwise order, be deemed to be due in pursuance of the order, as if it were made under section five ,,f the Debtors An. L869. Rules. 289 30. Fee for taking declaration.']— -The fee for taking a Rul66 - declaration under section forty-one of the Summary Jurisdicl ion Act, 187!), shall be one shilling. 31. Forms.'] — The forms in the schedule hereto, or forms to the like effect, may be used, with such variations as circum- stances may require. 32. Annulment of forms ami rules.] — The forms in the schedule to the Summary Jurisdiction Act. 1848, the Summary Jurisdiction Rules, 18Xf Her Majestv's prison at K. F., having appeared or being brought before the court of summary jurisdiction sitting at on day, the dayof , to testify what he should know concerning a certain matter against A. /.<'.. refused to take an oath [or affirmation] [or having taken an oath or affirmation] refused to answer any [or a certain] question put to him concerning the premises, and did not offer any just excuse for his refusal: You the said constables are therefore hereby commanded to convey the said /•.'. /•'. safely to the said prison, and there deliver him to the governor thereof, together with this warrant, and you, the governor of the said prison, to receive him into your custody, and keep him for the snare of , unless he in the meantime consents to be examined and answer concerning the premises. Dated the .lav of one thousand hundred and . J. P., ' (L.S.) Justice of the Peace for the [county] aforesaid. R 2 244 TJte Summary Jurisdiction Acts. Sched. 10. Commitment on Remand, &c. In the [county of . Petty sessional division of ]. To each and all of the constables of , and to the governor of Her Majesty's prison at A.B. hereinafter called the defendant being brought before the court of summary jurisdiction sitting at , charged with having The hearing of the case being adjourned : You the said constables are therefore hereby commanded to convey the defendant to the said prison, and there to deliver him to the governor thereof, together with this warrant ; and you, the governor of the said prison, to receive him into your custody, and keep him until the day of , 18 , and on that day to convey him before the court of summary jurisdiction sitting at , at the hour of , in the noon, to be further dealt with according to law. Dated the day of one thousand hundred and J. /'., (L.S.) Justice of the Peace for the [county] aforesaid. Indorsement where Bail is allowed. I hereby certify that I consent to the defendant being bailed, himself in pounds, and sureties in pounds each. 11. Conviction for Penalty, &c. In the county of . Petty sessional division of ]. Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. hereinafter called the defendant is this day convicted for that he, on the day of , at , within the aforesaid did And it is adjudged that the defendant for bis said offence do forfeit and pay the sum of , and do also pay the further sum of for compensation and for costs [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of ] : And in default of payment it is adjudged that [the sums due under this adjudication be levied by distress and sale of the defendant's goods, and in default of sufficient distress that] the defendant be imprisoned in Her Majesty's prison at , and there kept [to hard labour'] for the space of , unless the said sums [and all costs and charges of the said distress and] commitment and of his conveyance to the said prison] be sooner paid. J. P., (L.S.) Justice of the Peace for the [county] aforesaid. Indorsement Security for payment is permitted. It is ordered that the defendant be at liberty to give to the satisfaction of [this court] security in the sum of with suret in the sum of [each] for the due payment of the said sums as adjudged. Note. — // may be coyii-cnicnt in practice to hare .separate forms printed off for the different forms of adjudication. Schedule to Hides. 245 12, Sched. Conviction (Imprisoned). In the [county of ■ Petty sessional division of Before the court of summary jurisdiction Bitting at The day of one thousand hundred and , A. B. hereinafter called the defendant is this day convicted for that he, on the day of , at , within the aforesaid, did . „ And it is adjudged that the defendant, for his said offence, he imprisoned in Her Majesty's prison at , and there kept [to hard labour for the space of If costs are ordered, add : — And it is ordered that the defendant pay to the sum of for costs by instalments of for every days, the first instal- ment to he paid] forthwith [or on the day of ]: And in default of payment it is ordered that the sum due be levied by- distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of , commencing at the termination of the imprisonment before adjudged, unless the said sum 'and all costs and charges of the [said distress and] commitment and of his conveyance to the said prison] be sooner paid. J. P., M-) Justice of the Peace for the county] aforesaid. 13. Conviction (Forfeited Recognizance) In the county of . Petty sessional division of Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. hereinafter called the defendant was, by his recognizance entered into the day of , bound in the sum of , and his sureties, C. D. and /•:. P., in the sum of each, the condition of the recognizance being that the said defendant should And it being now proved that the defendant was, on the day of , convicted of the offence of having , the same being a breach of the said condition : It is therefore adjudged that the said recognizance be forfeited, and that the said pay to the sum of , and the further sum of for costs [by instalments of for every days, the first instalment; to be paid | forthwith [or on the day of ] : And in default of payment it is ordered that the sum due from the said under this adjudication be levied by distress and sale of his goods, and in default of sufficient distress that he be imprisoned in Her Majesty's prison at for the space of , unless the said sums [and all costs and charges of the [said distress and ] commitment and of his convevance to the said prison] be sooner paid. J. P., (LS.) Justice of the Peace for the [coioity] aforesaid. 246 The Sinn mart/ Jurisdiction Acts. Sched 14. Conviction of Child fob Indictable Offence. In the [county of . Petty sessional division of ].. Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. fi. hereinafter called the defendant being a child within the meaning of the Summary Jurisdiction Act, 1879, and above the age of seven years, is this day convicted, without objection of the parent or guardian, for that he, on the day of , at , in the aforesaid, did And it is adjudged that [jnocced as in other forms of cemviction ; if whipping is ordered, insert cither in addition to or in substitution for any other punishment, — And that the defendant, being a male child, be, as soon as practicable, privately whipped with strokes of a birch rod]. J. P., (l.s.) Justice of the Peace for the [count;/] aforesaid. 15. Conviction (by Consent) for Indictable Offence. In the [count ij of . Petty sessional division of J. Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. hereinafter called the defendant being an adult [or a young person j within the meaning of the Summary Jurisdiction Act, 1879, is this day charged for that he, on the day of , at , in the aforesaid, did : Tlie defendant, having consented to be dealt with summarily, is convicted of the said offence : And it is adjudged that [proceed as in other forms of conviction ; if whipping is ordered, insert either in addition to or in substitution far any other punishment, — And that the defendant, being a male under the age of 14 years.be, as soon as practicable, privately whipped with strokes of a birch rod] . J. P., (L.s.) Justice of the Peace for the county] aforesaid. 16. Conviction (on Plea of Guilty) for Indictable Offence. In the [county of . Petty sessional division of ]. Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. hereinafter called the defendant is this day charged for that he on the day of , at , in the aforesaid, did : And the defendant having pleaded guilty to the charge, is convicted of the offence, and is adjudged to he imprisonedin Her Majesty's prison at , and there kept ( to hard labour] for the space of If costs are ordered add : — And it is ordered that the defendant pay to the sum of Schedule to Rules. 247 for costs [by instalments of for every days, the first LostaL Sched ment to be paid] forthwith [or on the day of J : And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the of commencing at bhe termination of the imprisonment before adjudged, unless the said sum [and all costs and charges of the : distress and commitment, and of his conveyance to the said prison be sooner paid. ./. P., (L.S.) Justice of the Peace for th aforesaid. 17. Conviction (with Secubity). In the county of . Petty sessional division' of Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. hereinafter called the defendant is this day convicted for that tie on the day of , at in the aforesaid, did : But the court being of opinion that the said offence was of so trifling a nature that it is inexpedient to inflict any [or any other than a nal punishment, and the defendant having given security to the -faction of this court to appear for sentence when called upon [or to be of good behaviour], he is discharged : " If costs are ordered add : — And it is ordered that the defendant pay to the said the sum of for costs by instalments of for every days, the first instalment to be paid] forthwith or on the day of And in default of payment it is ordered that the sum due he levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in Her Majesty's prison at for the space of unless the said sum and all costs and charges of the [said distress and commitment, and of his conveyance to the said prison] he sooner paid.] J. P., (l.s.) Justice of the Peace for the [county . afor. 18. Obdeb foe Money (not > Civil Debt). In the [county of . Petty sessional division of ]. Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. having made a complaint that C. D. hereinafter called th© defendant on the day of , at , within the afore- said, did : ... On hearing the said complaint, it is ordered that the defendant pay to the said the sum of , and also the sum of for costs by instalments of for every days, the first instalment to be paid forthwith Toe on the day of ] : And in default of payment it is ordered that [the said sums l>e levied by distress and sale of the defendant's goods, and in default of sufficient 248 The Summary Jurisdiction Acts. Sched. distress that] the defendant be imprisoned in Her Majesty's prison at , and there kept [to hard labour] for the space of , unless the said sums | and all costs and charges of the [said distress and] commitment and of his conveyance to the said prison] be sooner paid. -/. P., (I..S.) .Justice of the Peace for the [county'} aforesaid. 19. < )kder for other Matters. In the [count// of . I'ctty sessional division of ]. Before the court of summary jurisdiction sitting at The day of one thousand hundred and A. B. having made a complaint that C. D. hereinafter called the defendant on the day of at in the aforesaid, did : On hearing the said complaint, it is ordered that the defendant do : It imprisonment is ordered odd : — And it is adjudged that if the defendant neglect or refuse to obey this order, he be imprisoned in Her Majesty's prison at for the space of [or unless the said order be sooner obeyed]. [If costs are ordered add : — And it is ordered that the defendant pay to the said the sum of for costs [by instalments of for every days, the first instalment to be paid' forthwith [or on the day of . J ■• And in default of payment it is ordered that the sum due be levied by distress and sale of the defendant's goods, and in default of sufficient distress that the defendant be imprisoned in the said prison for the space of commencing at the termination of the imprisonment before adjudged, unless the said sum] and all costs and charges of the [said distress and] commitment, and of his conveyance to the said prison] be sooner paid]. ./. /'., (I..S.I Justice of the Peace for the [county] aforesaid. 20. Order ok Recognizance to keep the Peace, &c. In the [county of . Petty sessional division of ]. Before the court of summary jurisdiction sitting at The day of one thousand hundred and .-I. B. having made a complaint that ('. /). hereinafter called the defendant on the day of at , in the aforesaid, did It is adjudged that the defendant do forthwith to the satisfaction of enter into a recognizance in the sum of with each and all of the constables of .1. B. hereinafter called the defendant was on the day of convicted before the court of summary jurisdiction sitting at for that he on the dav of at , in the aforesaid did : And it was adjudged that the defendant for the said offence should be imprisoned [or forfeit and pay the sum of ], and should also pay the sum of [for compensation and ] for costs [by instalments <>f for every days, the first instalment to be paid] forthwith [or on the day of ], and that in default the said sum [or sums] should be levied by distress, And default having been made in payment : You are hereby commanded to forthwith make distress of the goods of the defendant (except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements of his trade ; and if within the space of five] clear days next after the making of each distress, unless be consents in writing bo an Earlier sale, bhe sum stated at the foot of this warrant, together with the reasonable costs and charges <>f the making and keeping of the said distress, be not paid, then to sell the said good-, and pay the money arising therefrom bo the clerk of that court, and if no such distress can be found, to certify the same to that court. Dated the day of one thousand hundred and ././', _ (L-S.) Justice of the Peace for the county aforesaid. Schedule t<> littles. 251 Amount adjudged Paid . Remaining due . Costs of issuing this warrant Total amount to be \r\ Led . ,/. £ched. 25. \Yarrant of Distress on an Order fob Money (not a Civil Debt), or for Costs, &c. In the [count;/ of . Petty sessional division of ]. To each and all of the constables of Between , Complainant, and , Defendant. On the day of it was ordered by the court of summary jurisdiction sitting at that the should pay to the [the sum of for , and] the sum of for costs [by instalments of for every "days, the first instalment to be paid] forthwith [or on the ' day of , and that in default the >aid sums should be levied by distress : And default having been made in payment : You are hereby commanded to forthwith make distress of the goods of the defendant [or complainant] (except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements of his trade) ; and if within the space of [five] clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising therefrom to the clerk of that court, and if no such distress can be found, to certify the same to that court. Dated the day of one thousand hundred and ./. /'.. (l-S.) Justice of the Peace for the [county] aforesaid. Amount adjudged Paid . Remaining due . Costs of issuing this warrant Total amount to lie levied 26. Warrant of Distress for Sim dub indkh Recognizance. In the [county of . Petty sessional division of ]. To each and all of the constables of .1. J:, was by his recognizance entered into the day of bound in the sum of : And the condition of the said recognizance having been broken, it was on the dav of adjudged by the court of summary Tke Summary Jurisdiction Acts. jurisdiction sitting at that fche said recognizance be forfeited, and that lie do pay the said sum of , and also do pay the further sum of for costs | by instalments of for every days, the first instalment to be paid] forthwith \or on the day of ] : And default having been made in payment : You are hereby commanded to forthwith make distress of the goods of the said (except the wearing apparel and bedding of him and his family, and, to the value of five pounds, the tools and implements i if his trade' ; and if within the space of [five] clear days next after the making of such distress, unless he consents in writing to an earlier sale, the sum stated at the foot of this warrant, together with the reasonable costs and charges of the making and keeping of the said distress, be not paid, then to sell the said goods, and pay the money arising there- from to the clerk of that court, and if no such distress can be found, to certify the same to that court. Dated the day of one thousand hundred and J. P., (L.s.) Justice of the Peace for the [county aforesaid. Amount due under recognizance I'aid Remaining due ..... Costs of issuing this warrant Total amount to be levied . 27. Ft] mis of Insufficient Distress to be Indorsed on Warrant. I, , constable of the . of , hereby certify that, by virtue of the within-written warrant, 1 have made diligent search for the goods of the within-named .1. II.. and that I can find no sufficient goods of him whereon the sums within-mentioned can be levied. Dated the day of one thousand hundred and X. V. £ s. d. 28. Account of Charges incurred on a Warrant of Distress. In the matter of an information [or a complaint] by against I, of , the constable charged with the execution of the warrant of distress upon the goods of . dated the day of , hereby declare that the following is a true account of the costs ;iiid charges incurred in respect of the execution of the said warrant. Dated the day of one thousand hundred and £ s. d. Total .1. /;. Schedule to Rules. •-!■■>■> 29_ Sched. Commitment in Liee of Distress. In the [ co until of . Petty sessional divisum of ]. To each and all of the constables of and to the governor of Her Majesty's i>ri>on ;it A. B. hereinafter called the defendant was bhis day or on the dav of . before the court of summary jurisdiction sitting at ", convicted [or ordered] [reciting conviction or order]. And default having been mack- in payment : And it appearing to this court that the defendant has no [sufficient goods whereon to levy distress [or that the levy of the distress will be more injurious to the defendant and his family than imprisonment" : It is ordered that the defendant be imprisoned in Her Majesty's prison aforesaid and there kept [to hard labour] for the space of unless the said sum [and all costs and charges of his commitment and of his conveyance to "the said prison] be sooner paid : And vou the said constables are hereby commanded to take the defendant, and convey him to the said prison, and there deliver him to the governor thereof, together with this warrant ; and you, the governor of the said prison, to receive the defendant into your custody, and keep him 'to hard labour] for the space of , unless the said sum [and all costs and charges of his commitment and of his conveyance to the said prison] be sooner paid. Dated the dav of one thousand hundred and J. P.. ' (l-S.) Justice of the Peace for the [count)/] aforesaid. 30. Commitment pending Return to Warrakt of Distress. In the [county of . Petty sessional division of ]. To each and all of the constables of , and to the governor of Her Majesty's prison at .4. B. hereinafter called the defendant was this day [or on the dav of ] before the court of summary jurisdiction sitting at convicted [en- ordered] [reciti?>q conviction or order] : And default having been made in payment, a warrant of distress was issued, but no return has been made thereto: And the defendant not having given sufficient security to the satis- faction of this court for his appearance at the time and place appointed for the return of the warrant of distress : You the said constables are hereby commanded to convey the defendant to the said prison, and there deliver him to the governor thereof, together with this warrant; and you, the governor of the said prison, to receive the defendant into your custody, and keep him until the day of , and on that day to convey him before the court of summary jurisdiction aforesaid [or sitting at ] at the hour of in the noon [unless he previously enters into a recog- nizance in the sum of with suret in the sum of 254 The Sum man/ Jurisdiction Acts. Sched. [each J conditioned for his appearance on that day, or pays the sum of , being the amount payable under such warrant]. Dated the day of one thousand hundred and ./. P. IJ..S.) Justice of the Peace for the [county] aforesaid. 31. Commitment in Default of Distress. Id. the [county of . Petty sessional division of ]. To each and all of the constables of , and to the governor of Her 'Majesty's prison at A, B. hereinafter called the was this day [or on the day of ] before the court of summary jurisdiction sitting at convicted [or ordered] [reciting conviction or order] : And default having been made in payment, the constables aforesaid were authorised by warrant, dated the day of , to levy the sum by distress : And it now appearing that no sufficient distress whereon to levy the said sum could be found [and that a balance of is due under such adjudication or order J : You the said constables are hereby commanded to convey the defendant [or complainant] to the said prison, and there deliver him to the governor thereof, together with this warrant ; and you, the governor of the said prison, to receive the defendant [or complainant] into your custody, and keep him [to hard labour] for the space of [in lieu of the term originally imposed] unless the said sum [and all the costs and charges of the said distress, amounting to the further sum of [and the costs and charges of his commitment and of his conveyance to the said prison] be sooner paid. Dated the dav of one thousand hundred and J. P., ' (l.s.) Justice of the Peace for the [county] aforesaid. 32. Commitment fob a Penalty, without Distress. In the [county of . Petty sessional division of ]. To each and all of the constables of , and to the governor of Her Majesty's prison at A. B. hereinafter called the defendant was this day [or on the day of ], before the con rt of summary jurisdiction sitting at , convicted [or ordered] [reciting conviction or order . And default having been made in payment : You the said constables are hereby commanded to convey the defendant to' the said prison, and there deliver him to the governor thereof, together with this warrant ; and you, the governor of the said prison, to receive the defendant, into your custody and keep him [to liard labour] for the space of , unless the said sums [and the costs and charges of his commitment and of his conveyance to the said prison] be sooner paid. Dated the dav of one thousand hundred and . • /. /'. (L.S.) I ustice of the Peace for the [county] aforesaid. Schedule to Rules. •!'>'> 33. Sched. Commitment on Sentence of Imprisonment only. In the [county of . Petty sessional division of ]. To each and all of the constables of , and to the governor of Her Majesty's prison at A. B. hereinafter called the defendant has been this day, before the court of summary jurisdiction, sitting at , convicted [here recite conviction and adjudication]. You the said constables are hereby commanded to convey the defendant to the said prison, and there deliver him to the governor thereof, together with this warrant ; and you. the governor of the said prison, to receive the defendant into your custody, and keep him [to hard labour] for the space of Dated the day of one thousand bundred and ■/. P. (T..S.) Justice of the Peace for the [county] aforesaid. 34. Commitment on an Order in the First Instance. In the [county of . Petty sessional division of ]. To each and all of the constables of , and to the governor of Her Majesty's prison at A. B. hereinafter called the defendant was, on the day of , 18 , before the court of summary jurisdiction sitting at , ordered [here recite order]. And default having been made in payment [or obeying the said order] : You the said constables are hereby commanded to convey the defen- dant to the said prison, and there deliver him to the governor thereof, together with this warrant; and you, the governor of the said prison, to receive the defendant into your custody and keep him [to hard labour] for the space of unless the said sums [or the said order be sooner obeyed] [and the costs and charges of commitment and of bis conveyance to the said prison], be sooner paid". Dated the day of one thousand hundred and J. P., (l.s.) Justice of the Peace for the [county] aforesaid. 35. Endorsement on Process. Proof on oath [or solemn declaration] having this day been made before me that the name of ./. ,S'. to the within summons [or warrant subscribed is of the handwriting of the justice of the peace within mentioned, I authorise W. T., who brings to me this summons [or warrant], and all other persons by whom it may be lawfully served <r mitigate] such forfeiture, and having given security to the satisfaction of this court for the future performance of the condition of the said znizance, and having paid [or given security for payment of] the • of the forfeiture then sert such other condition as the court nun/ think j Therefore the said forfeiture is hereby cancelled [or mitigated to the sum of ]. Dated the " dav of one thousand hundred and J. P., ' (luS.) Justice of the Peace for the county] aforesaid. 39. Notice of Recognizance to be given to the Defendant and his Sl rettes. Take notice that you. A. /-'.. are bound in the sum of as principal, and you, L. M. and N. 0. . in the sum of as sureties, that von, the >aid principal, appear before the court of summary juris- diction sitti , on day, the day of , at the hour of in the noon, to answer the charge made against you by , and to be dealt with according to law or as the case may be], aiid unless you, the said principal, appear accordingly the said sum- will forthwith be levied on you severally. Dated the dav of one thousand hundred and J. P., ' (l.s.) Justice of the Peace for the [county] aforesaid. 40. Security for Penalty, &c. [n the [county of . Petty sessional division of j. .! . />'. hereinafter called the defendant was this day or on the day of ] by a certain conviction or order] before the court of summary jurisdiction sitting at , adjudged to pay the sum of by instalments of for every days, the first instalment to be paid^ forthwith [or on the day of ] and to give security for the due payment thereof: Now, therefore, the defendant, and his sureties, C. I)., of , and E. F., of , hereby undertake that the defendant will pay the sum adjudged at the time and in the manner thereby directed, and hereby severally acknowledge themselves severally hound to forfeit and pay ti> the clerk of the court] the sum of in case the defendant fails to perform thi> undertaking. ere nut taken orally) A. I',., Defendant. C. D., I c ,. , . ,, - Sureties. Taken [orally] before me the day of on,- thousand hundred and -/. /'.. Justice of the Peace for the [county] aforesaid. S.J.A. S '258 The Summary Jurisdiction Acts. Sched. 41. Security to perform Condition of Forfeited Km lOGNIZANCE. In the [county of . I'ettji sessional division of - ]. .1. /;. hereinafter called the defendant was, by his recognizance, entered into the day of , hound in the sum of : And the said recognizance has been adjudged to be forfeited, but the said defendant has applied to the court of summary jurisdiction sitting at to cancel or mitigate" the forfeiture : Now, therefore, the defendant and his sureties, ('. I)., of , and E. F., of , hereby undertake that the condition of the said recognizance shall be duly performed [and that the said shall, nn or before the day of , pay the sum of for costs incurred in respect of the said forfeiture] ; and hereby sever- ally acknowledge themselves severally bound to forfeit and pay to [the clerk of the court the sum of in case the said defendant fails to perform the condition of the said recognizance. (Signed where not taken orally) A. B. C. 1). E. F. Taken 'orally] before me the day of , one thousand hundred and J. P., Justice of the Peace for the [county'] aforesaid. 42. Notice to Prescipal of Poreitore of Security. In the [county of . Petty sessional division of ]. To'.l. I:.', of 'Pake notice that you have forfeited the sum of , for which you M re bound by your undertaking entered into the day of and that unless you pay that sum to at on or before the day of , a warrant of distress will be issued for the recovery thereof. Dated the day of one thousand hundred and Clerk of the Court of Summary Jurisdiction for tile 'cti/iiiti/] aforesaid. 43. Order varying Ordeb fob Sureties. In the county of . Petty sessional division of ]. Before the court of summary jurisdiction sitl ing at A. B. hereinafter called the defendant has been under a warrant of commitment dated the day of . issued by this court [or the coui't of summary jurisdiction sitting at ] committed to prison for default in finding suret in the sum of Upon further consideration it is now ordered that the amount in which the sunt of the defendant are to be bound ho reduced to Schedule to Rides. 259 ',,/ that ill' obligation of the defendant to find suret be dispensed Sched. with . ■ — Dated the day oi one thousand hundred and ■ /. /'.. (l.s.) Justice • f the Peace for the [county aforesaid. 44. I >i;l>i:i: TO BRING UP A PRISONER. In tlit' [county of . Petty sessional division of ]. To ili> govi rnor oi Her Majesty's prison at Ymi are hen by ordered t<> bring .1. />'.. now in your custody, before the court of summary jurisdiction sitting at on day, the day of , at the hour of in the _ noon, that he may enter into a recognizance with suret conditioned to keep the peace [or appear and try an appeal from the conviction [or order] of the court "t summary jurisdiction sitting at dated the daj -l . or applj for re-examination], and may be thereupon rel< used from your custody. Dated the ' day of" one thousand hundred and ./. /'.. (L.S.) Justice oi the Peace for the [county aforesaid. 45. Norn e to Parent or Guardian of Child charged with an Indictable Offence. In the [county of . Petty sessional division of ]. To of A. U. ha- been charged with , and has been remanded until ;li.' sitting el ihc court of summary jurisdiction sitting at on the day of , at the hour of , and it has been alleged you are his parent or guardian], If you desire that he be tried by a jury, and object to his case being dealt with summarily, you must attend before that court on that day and hour. Dated the day of one thousand hundred and ./. /'.. (L.S.) Justice of the Peace for the county aforesaid. 46. Declaration op Servici . I of hereby solemnly declare that 1 did on the day of . s. of with the wan-ant, summons, notice, I ess, ] now shown to me, and marked A., by delivering a true copy thereof to him <»■ by leaving a true copy thereof with for him at , being his last [or most usual place of abode]. Declared before me the day of one thousand hundred and •/. P., Justice et ;h, Peace for the county aforesaid. I Or other description . s -2 2G0 The Summary Jurisdiction Acts. Sched 47. Declaration as to Handwriting am> Seal. I of hereby solemnly declare that the signature to the document now produced and shown to me, and marked A., is in the handwriting of of and that the seal on^the said document is the seal of ]. 1 declared before me the day of one thousand hundred and J. P., Justice of the Peace for the [county'] aforesaid. [Or other description.] 48. Certificate of Costs of Prosecution of Indictable Offence dealt with summarily. In the [county of . Petty sessional division of ]. Before the court of summary jurisdiction sitting at A. II. [an adult, young person, or child] having been charged for that he did [state substance of charge], and the above court having, in pur- suance of its statutory jurisdiction, dealt with the case summarily, on the day of , and convicted the said A. B. [or dismissed the said charge] ; — It is hereby certified that the undermentioned persons are, for their expenses, trouble, and loss of time in connection with the said charge, entitled to compensation as follows : £ s. <1. C. D. [state trade or profession], the prosecutor residing at , for his attendance here day and night, being altogether hours For travelling mileage miles each way, railway fare The same for fees payable t<> the justices' clerk The same for fees payable to the clerk of the peace . ..... K. F. [slate trade or 'profession], a witness re- siding at , for his attendance here day and night, being altogether hours ..... The same for travelling miles each way, mileage, railway fare e Dated the day of one thousand hundred and . J. /'., Justice of the Peace for the [county] aforesaid. Received 18 , of tin- treasurer of the [county] ,iid 18 , of the the amount above certified. Note. The allowances t" prosecutors and witnesses must he in accordance with the Rules and Regulations made bj the Secretary of State on the 9th February, 1858, post in Appendix. Schedule to Rules 261 49. Sched. | Certificate of Clerb of the Peace that thk Costs of an Aiti:\I. HAVE not BEEN PAID. I hereby certify that at court of 'adjourned] general quarter sessions of the peace holdeti at . in and for the of , on the day of , an appeal by against a conviction [or order] of the court of summary jurisdiction sitting at was heard and determined, and that it was thereupon ordered that the said con- viction [or order should be confirmed [or quashed], and that the appellant or respondent should, on or before the day of pay to me the sum of for the respondent's or appellant's] costs of the said appeal. And 1 further certify that the said sum for costs has not been paid. Dated the day of our thousand hundred and . .1. /;'., clerk of the Peace for the [county aforesaid. PART II. Forms applicable to Proceedings for thk Recovers of a in ii. Debt. In the [county oj Between .1. JJ. Add less I description 1. Complaint. Petty sessional division of ]. Plaintiff, and C. D. Address Description The day of The plaintiff complains that [damages]. Made before me this J. J'., Justice of the Peace for the county aforesaid. Defendant, , and claims the sum of da\ of for In the [county of Between ./. /;. Address Description 2. Si mmons to Appear. . Petty sessional division of Plaintiff, C. I). Address Description To the defendant herein. and i defendant, 262 The Summary Jurisdiction Acts. Sched. You are hereby summoned to appear before the court of summary jurisdiction sitting at on day the day of , at the hour of in the noon, to answer the plaintiff's claim, the particulars of which are hereto annexed. Dated the day of J. P., ' (L.S.) Justice of the Pence for the cuinihi aforesaid. 3. Summons to Witness. In the [county of . Petty sessional division of ]. Between A. (i. Plaintiff, Address Description and ('. D. Defendant, Address Description To , of You are hereby required to attend before the court of summary juris- diction sitting at on day the day of , at the hour of in the noon, to give evidence in the above cause on behalf of the [plaintiff or defendant]. Dated the dav of J. P., (l-S. Justice of the Peace for the county] aforesaid. 4. JtXDGMEKT. [n the [county of . Petty sessional division of ]. Hefore the court of summary jurisdiction sitting at The day of one thousand hundred and Between A. B. Plaintiff, Address I Ascription and C. it. I tefendant, Address I description [t is adjudged that the paj the the sum of for debt [or damages and thesumof for costs by instal ats of for every days, the first instalment to be paid] forthwith [oron the day of ; and in default of payment that the sum due thereunder be levied bj distress and sale of the goods [or where security is accepted and that the be at Libert} to give to the satisfaction of this court [or of ] security in the sum of with Buret inthesumof each] for payment of the sum adjudged]. J. /'., (L.B.) Justice of the Peace for the [county aforesaid. Schedule to Hid**. 263 5, 6ched. Judgment Summons. [nthe county of . Petty sessional division of ]. The dav of one thousand hundred and Between". f. B. Plaintiff, Address Description unci ( ■. i>, I defendant, Address I >esc ript ion To the above-named defendant [or plaintiff . The plaintiff ' »r defendant obtained a judgment against you, the above-named defendant [or plaintiff], before the court of summary jurisdiction sitting at on the day of . for the payment of pounds shillings and pence. And von having made default in payment of the said sum are hereby summoned to appear personally before the court of summary jurisdiction sitting at on day the day of [next], at the hour of in the noon, to be examined on oath by the court touching the means you have or have had since the date of the judgment to satisfy the sum payable in pursuance of the said judgment, and also to show cause why you should not be committed to prison for such default. J. /'., (L.s.) Justice of the Peace for the [county] aforesaid. £ s. d. Amount of judgment and costs Costs of distress against the goods, if any . . . k s. d. | Amounts paid .... . , 'instalments which were not ' required to have been paid I before the date of the summons Sum payable Costs of this summons Amount upon the payment of which no further pro- ceedings will be had until default in payment of next instalment ....... 6. Orde R OP Commitment. In the [conn Between Address Description ty, A of D. r ett\ il sessional division and of ]. Plaintiff, Defendant,. 264 The Summary Jurisdiction Arts. Sched Address Description To each and all of the constables of , and to the governor of Her Majesty's prison at The plaintiff [or defendant] obtained a judgment against the defen- dant <»■ plaintiff] before the court of summary jurisdiction sitting at on the day of for the payment of I. And the defendant [or plaintiff] has made default in payment of the said sum, and the defendant [or plaintiff] having been duly summoned to show cause why he shall not be committed to prison for such default : And it being now proved that the defendant [or plaintiff] now has or has had since the date of the judgment the means to pay the sum then due and payable in pursuance of the judgment, and has refused [(or) neglected (or) now refuses or neglects] to pay the same, and has shown no cause why he should not be committed to prison : It is ordered that the defendant [or plaintiff J be committed to prison for days, unless he sooner pay the said sum and costs stated below as that on the payment of which he is to be discharged. And you, the said constables, are hereby required to take the defen- dant [or plaintiff] and to deliver him to the governor of Her Majesty's prison at , and you, the said governor, to receive the defendant [or plaintiff], and there keep him for days from the arrest under this order, or until he is sooner discharged by due course of law. Dated the dav of one thousand hundred and J.P., " (r,.s.) Justice of the Peace for the [county] aforesaid. £ s. J. Total sum payable at the time of hearing of the judgment summons . . .... Cost of hearing of summons and of this order Total sum on payment of which the prisoner will be discharged ....... 7. Certificate for Discharge from Custody. In the [count)/ of . J'ettu sessional division of ]. Between A. B., Plaintiff, and 6. D., Defendant. To the governor of tier Majesty's prison at I hereby certify that the defendant [or plaintiff] who was committed to your custody by an order of commitment dated the day of , has paid the sum mentioned in the said order as that upon payment of which he would he discharged, and may in respect of the Baid order he forthwith discharged. I 'iied the day of one thousand hundred and A. />'., Clerk of the Court of Summary Jurisdiction at Schedule to Rides. *->:> In the [county of Between .1. 1j. Address I description 8. Distress Warrant. . Petty sessional division of Plaintiff, Sched. and 1 defendant, C. T). Address Description To each and all of the con-tab • On tin day of , it was ordered by the court of summary jurisdiction sitting at that the defendant or plaintiff] should pay to the plaintiff >■<■ defendant for debt [or damages", and for costs, forthwith [or on the day of ], and in default the -urn- due thereunder should he levied by distress and sale of the defendant's goods. And default having been made, you are hereby commanded forthwith to make distress of the goods of the -aid defendant [or plaintiff] (except the wearing apparel and bedding of him and his family, and, to tin- value of five pounds, the tools and implements of his trade), and if, within the space of five clear day- next after the making of such distress, the sum stated at the foot of this warrant to he levied, together with the reasonable charges of the making and keeping of the said distress, be not paid, then to sell the said goods by you distrained, and pay the money arising thereby to the clerk of that court, and if no such distress can be found to certify the same to that court. I i.it.d the day of " one thousand hundred and ./. P., (L-s.) Justice of the Peace for the [county] aforesaid, £ Amount adjudged Paid Remaining due . Costs of issuing this warrant Ti ital amount to be levied 9. In the [county of Between .1 Address I description Undertaking to i'av Civil Dkbt J; Address I description It was on the Petti/ sessional division of ]. Plaintiff, and C. n. 1 defendant, dav <.f jurisdiction sitting at ordered by the court of summary that the plaintiff recover against the 26(> The Summary Jwisdiction Acts. Sched. defendant the sum of for debt [or damages] and for costs, and that the defendant pay the same to the plaintiff [by instalments of for every days, the first instalment to be paid] forthwith [or on the day of" ], and that the defendant should be at liberty to give to the satisfaction of the court [or an in judgment] security in the sum of with suret in the sum of [each 1 for payment of the said sums. Now, therefore, the defendant, and C. D., of , and E. F., of , ns suret hereby undertake that the defendant will pay the said sum thereby adjudged. And the said defendant and the said suret hereby severally acknowledge themselves bound to forfeit and pay to the sum of in case the defendant fail to perform this undertaking. (Sinned it not taken orally) A. />'., Defendant. CD.,) a .- /•:. /•'., I Sureties - Taken [orally i before me the day of , one thousand hundred and J. /'., Justice of the Peace for the [county'] aforesaid. Schedule to Rides. •2ir PART III. CrENBB \ I. I'm: Ms. I. Begisteb. In the 'county of . Petty sessional division of Register of the Court of Summary Jurisdiction sitting at The day of 18 . Name of Informant or Complainant. (2.) (fame of Defendant and Age, if under 16. (".) Nature of Offence, <>r <>f Mutter of Complaint (4.) Minute i>f Adjudication. Justices Adjudicating 208 The Summary -Jurisdiction Arts. 2. Potty Sessional Division of Account of all Fines and Fees, and other sums of money imposed to the Treasurer for A transcript to be forwarded to the Treasurer forthwith for the amount Date Of Order made. (1) Name of win mi Pine or Pee Payable (and if Fim imposed), Name of Parish, Township, or Place in which Offence was committed. (-'•) Nature of < (ffence or Pro- i ling. (3.) Date of Com- mittal, if any 4.) Fixes, Penalties, *V' . (5.) £ s. d. Appropriation. (6.) (•■) £s.d. £s.d. £ s. d. ~B.-^ z. 3 2 E g"2<5 tefc : - >, wT — Ch - > r. - - z PI (8.) (9) £ s. d. (10.) £ s. d. Schedule t<> Hides. 269 or received, showing their appropriation and the portion* payable the ending 18 . at the time prescribed by the proper authority, with a remittance payable to him. Ti>t:il Fees. Payable to Police, Sei \ ii e oi Summonses, Execution of War- rant, th day of November, 1895. (Signed) HALS BURY. C. SCHEDULE. The Reformatory Schools Act, 1866, and the Reformatory Schools Act, 1893. Conviction. [n the [county of . Petty sessional division of Before the court of summary jurisdiction sitting at the day of L8 . .1. /;., of , hereinafter called the defendant, being under the age of lf> years and appearing to the said court to be of the (a e of not less than L2 years , to wit, <>f the age of years, having been born, so tar as has been ascertained, on the day of is , i-, th i-. d;i\ convicted for that he, on the daj of at within the aforesaid, did here state * These conditions are alternative. Schedule to Rule, 1895. 278 *and it was proved to the court that the said A. B. had Sched. mcicted of j. And it is adjudged that the defendant for his said offence be imprisoned in Hi r Majesty's prison at and there kept [to hard labour for thi : and it is ordered in pursuance of the Reformatory Schools Act, 1893, that ■ defendant (whose religious persuasion appeared to the to be i be sent to the reformatory school at in the county [or borough , thi 5 whereof him or 1 tiffed reformatory school to be the expiration of the term of imprisonment afore- named in this behalf] and to be there detained for the period cf , commencing from and after the day of [the date of the expiration of the sentence] [or this day]. -/. P., (l.s.) Justice of tlie Peace for the aforesaid. Committal to Prison and Order of Detention in Reformatory School. In the 'county of ]. To each and all of the constabli and to the governor of Her Majesty's prison at A. /v., of hereinafl the defendant, being under the a.c;- earing to the said court to be of the - than \2 \ ears], to wit, of , having been born, so far as has been ascertained, on the day of was this day, before the court of summary jurisdiction sitting at , convicted for that lie. on the day of , did [stating tfa iviction] [*and it was proved to the court that the said A. U. h viously convicted of And it was adjudged that the defendant should for his said offence be imprisoned in Her Majesty's priso , and there kept [to hard labour] for the space of ; and Tderedinp Eormatory Schools Act, 1866, and the Rei - the said defendant (whose religio in he ) be sent, at the expiration of the term of imprisonment aforesaid, to the reformatory school at , in the county of (the managers whereof are willing to receive him thei Eormatory school to be before the expiration of the .-aid term of imprisonment named in that behalf,] and to he then- detained for the period of com- mencing from and after the day of the expira sentence]. You the said constables are hereby commanded to convey the defendant to tin -aid prison and deliver him "to the governor thereof, together with * These conditions are alternative. S.J. A. 274 The Summary Jurisdiction Acts. Sched. this warrant ; and you, the governor of the said prison, to receive the defendant into your custody in the said prison, there to imprison him and keep him to hard labour] for the space of And you, the said governor, are further commanded to send the defen- dant, at the expiration of his term of imprisonment aforesaid, and in the manner directed by the Reformatory Schools Act, 1SG6, to the reformatory school at aforesaid [or to the reformatory school named by an order indorsed hereon . together with this order. J- P; (L.S.) Justice of the Peace for the r county] aforesaid. Nomination of School indorsed on the Order of Detention. In pursuance of the Reformatory Schools Art, 1866, the undersigned, of Her Majesty's Justices of the Peace for the [county] of , herein' name the reformatory school at hi the of , as the school to which the within-named defendant (whose religious persuasion appears to me to be ) is to be sent as within [add where required in lieu of the school within named . Dated the day 1S9 . •/. P. (L.S.) Note.— This form is noio abrogated b>/ 62 it 63 Vict. c. 12. See ante, p. L39. of Detention in Reformatory SeJiool without Pirvious Imprisonment. In the county of ]. To each and all of the constables of the and to the managers of the certified reformatory school at , in county of .1. /;.. hereinafter called the !' defendant," being under the a 16 years [ *and appearing /.» the said court to beof the age of net /. 12 years . to wit. of the agi years, having being horn, so Ear as has been ascertained, on the day of , 18 , was this day before the court of summary jurisdiction sitting al . com icted for t hat he, on the of , in the , did [statin in the conv ■ nd it was proved to th that the said A. l>. had been previousl I of ]. And it was adjudged and ordered in pursuance of the Reformatory d 1893, that the said defendant (whose religious -:■ >n appeared to the & au I to be sent to the school at . in the county of nagers \\ hereof are willing to r bher< in. . • These conditions are alternative. Schedule to Bide, 1895. 275 be there detained for the pi riod of years, commencing Sched. from and after this day. ' Sou, the said constables, are hereby commanded to convey the said defendant to the said certified reformatory school, together with this . and you, the said managers of the said reformatory school are hereby required to detain the said defendant in the manner directed by the Reformatory Schools Acts, 18GG and 1893, in the said reformatory school at aforesaid for the period above- mentioned. 1 the day of 18 . (L.B.) Justice of the Peace for the aforesaid. 'I'm, Industrial Schools Act, 1866, the Elementary Education act, 187G, and the Industrial Schools Act Amkndmknt Act. lsso. Order of Detention in a Certified [Day] Industrial School. In the [county of . Petty sessional division of ]. Whereas [here insert that one of the following recitals appropriate to isc~] ; And whereas the religious persuasion of the said child appears to the court to be that of It is herebj ordered that the said child shall be sent to the certified [day industrial school at to be there detained du ring school hours] unti 1 ./. P., Justice of the Peace for the [county] aforesaid. Recitals. A. 29 k 30 Vict. c. 118, s. 14. Whereas A.B., of , a child apparently under of 11 years (having been born, so far as has been ascertained, on the day of 18 , has 1 n found hepejne; ur receiving alms [or begging or receiving alms under the pretext of selling or offering for sale [here state article, e.g., matches) or being in a street or public place for the purpose of begging or reci i . bag alms] [or of begging or receiving alms under the pretext of selling or sale (here stale article)]. B. 29 & 30 Vict. c. lis. 3. 14. Whereas .1. /;.. of , a child apparently under i of 14 years 'having been born, so far as has been ascertained, on the day of 18 ). has been found wandering, and not having any home [or settled place of abode, or proper guardian- ship, or visible means of subsistence]. T 2 276 The Summary Jurisdiction Acta. Sched. C. 29 & 30 Vict. c. 1 L8, s. L4. Whereas A.B., of • •' child apparently under the age of 14 years having been born, so tar as has been ascertained, on the • ( l :l , is |, has been found destitute, being an orphan or having a surviving parent who is undergoing penal servitude (or imprisonment i . I). 29 & 30 Vict. c. 118, s. 1 1. Whereas A. /»'., of , a child apparently under the age of 11 years (having been horn, so far as has hem a>certained, on the day f is has been frequenting the company of reputed thieves. E. 43 & 44 Vict. c. 15. Whereas .1. />'., of , a child apparently under tin of 14 years (having been horn, so far ;l > has been ascertained, on the day of is i. ha- been lodging, living, or residing with common or reputed prostitutes or in a house resided in or freqi l,\ prostitutes for bhe purpose of prostitution . P. 13 & 44 Vict. c. 15, s. 1. Whereas .1. />'., of . a child apparently under the age of 11 years (having hecn horn, so far as has been ascertained, on the day of IS ), has been frequenting the company of prostitutes. G. •J'.t & 30 Vict. c. L18, s. 15. Whereas A. B., of , a child apparently under the age of 12 vears (having been horn, so far as has been ascertained, on the day of 18 ), ha- hecn charged before the court with the offence of . which is punishable by imprisonment [here state pumshmeni . hut has not been in England convicted of felony, or tland <>f theft. Schedule to Rule, 1895. 277 II. Schei. 29 & 30Vict. c. 118, s. 1G. Whereas the parent [or step-parent, or guardian . of A. B.,oi a child apparently onder the age of 11 years (having been born, so far as rtained, on the day of 18 ), represents he is unable to control the said child, and that he desires the said child ■ to a certified industrial school.] I. 29 & 30 Vict. c. 118, s. 17. Whereas the guardians of the poor of union [or of the parish of , wherein relief is administered by a board of guardians] [or ard of management of the district pauper school have represented to the court that A. l'>., a child apparently under the age of 14 years (having been born, so Ear as has been ascertained, on the day of 18 ), maintained in the workhouse [or pauper school] of the said union or -aid parish], [or in the said district pauper school], is refractory [or is the child of parents, one of whom has been convicted of a crime or offence punishable with penal servitude or imprisonment], and that it is desirable that the said child should be sent to a certified industrial school. K. 39 & 40 Vict. c. 79, ss. 11 (1) and 12 (1) (2). Whereas an attendance order under the 11th section of the Elemen- tary Education Act, 1870. was made against the child A. B., of (born, so Ear as has been ascertained, on the day of 18 ), and who is under the said Act prohibited from being taken into full-time employment, on the ground that his parent habitually and without reasonable excuse neglected to provide efficient elementary instruction for him, and the said attendance order has not been complied with, without any reasonable excuse within the meaning of the said Act, and whereas [the parent has satisfied the Court that he has used all reasonable efforts to enforce compliance with the said order] [or the said non-compliance was not the first non-compliance with the said order]. L. 39 & 10 Vict. c. 7.). ss. 11 (2) and 12 (1) (2). Whereas an attendance order under the 11th section of the Elemen- tary Education Act, 1876, was made against the child .4. B., of (born, so far as has been ascertained, on the day of 18 ). "ii the -nmnd that he was found habitually wandering [or not under proper control] [or in the company of rogues, onds, or disorderly persons] r or reputed criminals], and the said attendance order has not been complied with, without any reasonable within the meaning of the said Act, and whereas r the parent has satisfied the court that he has used all reasonable efforts to enforce compliance with the -aid order] [or whereas the said non-compliance was not the first non-compliance with the said order . 27S The Summary Jurisdiction Acts. Sched. M. 39 & 40 Vict. c. 79, s. 1G. Order in Council of 20 March, 1877, s. 28. Whereas an order of detention in a Day Industrial School under section 12 [or 14] of the Order in Council of 20th March, 1877, was made on against A. B., a child apparently under the age of 14, having been born, so far as has been ascertained, on the day of 18 , on the ground that (here state the ground on which the former order was made, folloioing the terms of recital A, D, G, H, K, or L, as the case may require), and whereas the said A . B. wilfully neglects to attend the said Day Industrial School [or wilfully neglects or wilfully refuses to conform to the rules of the said Day Industrial School]. •27'.' THE SUMMARY JURISDICTION (PROCESS) ACT, 1881. H & 45 VICT. Cap. 24. An Act to amend the Law respecting the Service of Process of Courts of Summary Jurisdiction in England and Scotland. [18th July, 1848.] He it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and tem- poral, and Commons, in this present parliament assembled, and by the authority of the same, as follows : — 1. Short Title — This Act may be cited as the Summary Sect - *• Jurisdiction (Process) Act, 1881. This Ait shall be deemed to be included in the expressions "Summary Jurisdiction Acts" and "Summary Jurisdiction i England) Acts." 2. Extent of Act. — This Act shall not apply to Ireland. 3. ( 'ommencement of Art. — [This Art shall come into operation on tin- first day of October, one thousand eight hundred and eighty-one (which day is in this Art referred to as the commence- ment of this Act)']. [Bepealed by i>7 & 58 Vict.c 56.] 4. Service of Process of English court in Scotland unit of Scotch court in England. — Subject to the provisions of this Act, any process issued under the Summary Jurisdiction Acts, may, if issued by a court of summary jurisdiction in England and endorsed by a court of summary jurisdiction in Scotland, or issued by a court of summary jurisdiction in Scotland and endorsed by a court of summary jurisdiction in England, be 280 The Summary Jurisdiction (Process) Act, 1881. Sect. 4. served and executed within the jurisdiction of the endorsing court in like manner as it may be served and executed within the jurisdiction of the issuing court, and that by an officer either of the issuing court or of the endorsing court. For the purposes of this Act — (1.) Any process may be issued and endorsed under the hand of any such person as is declared by this Act to be a court of summary jurisdiction, and may lie endorsed upon proof alone of the handwriting of the person issuing it, and such proof may be either on oath or by such solemn declaration as is mentioned in section forty-one of the Summary Jurisdiction Act, 187!», or by any like declaration taken in Scotland before a sheriff, justice of the peace, or other magis- trate having the authority of a justice of the peace. Such indorsement may be in the form contained in the schedule to this Act annexed, or in a form to the like effect : (2.) Where any process requiring the appearance of a person to answer any information or complaint has been served in pursuance of this section, the court, before issuing a warrant for the apprehension of such person for failure so to appear, shall be satisfied on oath that there is sufficient prima facie evidence in support of such information or complaint : (:>.) If the process is to procure the attendance of a witness the court issuing the process shall be satisfied on oath of the probability that the evidence of such witness will lie material, and that the witness will not appear voluntarily without such process, and the witness shall not be subject to any liability for not obeying the process unless a reasonable amount for his expenses has been paid or tendered to him : -I.) This Act shall not apply to any process requiring the appearance of a person to answer a complaint if issued by an English court of summary jurisdiction for the 44 .(• 45 Vict. c. '14. s. 4. '281 recovery of a sum of money which is a civil debt Sect. 4. within the meaning of the Summary Jurisdiction Act, 187'.i, or if used by a Scotch court in a case which 1'ails within the definition of " civil jurisdiction '* con- tained in the Summary Procedure Act, L864. Proof by declaration of service of process, handwriting, &c. — Section 41 of 4'2 & 4o Vict. c. 49. is as follows: — Jn a proceeding within the jurisdiction of a court of summary jurisdiction, without prejudice to any other mode of proof, service on a person of anysum- mons,notice, process, ordocumenl required or authorized to be served, and the Handwriting and seal of any justice of the peace or other officer or person on any warrant, summons, notice, process, or document may be proved by a solemn declaration taken before a justice of the peace, or before a commissioner to administer oath.- in the Supreme I !ourl of Judicature, or before a clerk of the peace or a registrar of a comity conrt : and any declaration purporting to lie so taken shall, until the contrary i- shown, he sufficient proof of the statements contained therein, and shall be received in evidence in any court or legal proceeding, without proof of the signature or of the official character of the person or persons taking or signing the same; and the fee, if any. for taking such declaration shall he such sum, not exceeding one shilling, as may he directed by rules made in pursuance of this Act. and any such fee shall lie costs in the matter or proceeding to which it relates. The declaration may he in the form provided by a rule under this Act. and if any declaration made under this section is untrue in any material particular, the person wilfully making such false declara- tion shall hi' guilty of wilful and corrupt perjury. The form referable to this section is Form [46]. Declakatiox of Service. I of hereby solemnly declare that I did on the day of . serve of with the [warrant. summons, notice, process, imw shown to me. and marked A. by delivering a true copy thereof [or by leaving a true copy thereof with for him at . being his last [or most usual] place of abode]. Declared before me the day of one thousand hundred and ./. /'.. Justice of the Peace for the [county'] aforesaid. [<)r other description.'] Order of maintenance.-- At 52 J. P. 348, the learned editors of the Justice •>/ the Peace express an opinion that acomplainl made 282 The Summary Jurisdiction (Process) Act, 1881. Note for the purpose of obtaining an order of maintenance is a corn- to plaint for the recovery of money, which is a civil debt, and is in Sect. 4. t ] 1( .;,. opinion a complaint within this sub-section and cannot be served in Scotland in manner provided by this Act. 5. Provision as to execution of process. — Where a person is apprehended under any process executed in pursuance of this Act, such person shall be forthwith taken to some place within the jurisdiction of the court issuing the process, and be there -leak with as if he had been there apprehended. A warrant of distress issued in England when endorsed in pursuance of this Act shall be executed in Scotland as if it were a Scotch wan-ant of poinding and sale, and a Scotch warrant of poinding and sale when endorsed in pursuance of this Act shall be executed in England as if it were an English warrant of distress, and the enactments relating to the said warrants respectively shall apply accordingly, except that any account of the costs and charges in connection with the execution, or of the money levied thereby, or otherwise relating to the execution, shall be made, and any money raised by the execution shall be dealt with in like manner as if the warrant had been executed within the jurisdiction of the court issuing the warrant. 6. Provision as to bastardy proceedings in England unit Scotland. — A court of summary jurisdiction in England and a sheriff court in Scotland shall respectively have jurisdiction by order or decree to adjudge a person within the jurisdiction of the court to pay for the maintenance and education of a bastard child of which he is the putative father, and for the ex] >enses incidental to the birth of such child, and for the funeral expenses of such child notwithstanding that such person ordinarily resides, or the child has been born, or the mother of it ordinarily resides, where the court is English, in Scotland, or where the court is Scotch, in England, in like manner as the court has jurisdiction in any other case. Anv process issued in England or Scotland to enforce 44 ,c 45 Vict. c. 24, s. 6. 288 obedience to such order or decree may be endorsed and Sect. 6 executed in Scotland and England respectively in manner provided by this Act with respect to process of a court of summary jurisdiction. Any bastardy order of a court of summary jurisdiction in England may be registered in the books of a sheriff' court iu Scotland, and thereupon a warrant of arrestment may be issued in like manner as if such order were a decree of the said sheriff court. This section does not enable a summons under the 35 & 36 Viet. c. (i-j, issued by the justices in England, to be served on the putative father in Scotland; and, therefore, where such summons La served in Scotland, and the person so served does not appear at the hearing, the justices have no jurisdiction to make an affiliation order. A'"/, v. Thompson and Others ■/■/.. and Duncan, L. R. 12 Q. B. D. 261 ; 47 J. P. 820 n\ 48 J. P. :V1A; 50 L. T. 1ST; 53 L. J. M. < '. (!.', ; 32 W. R. 398, Court of Appeal; and in the Souse of Lords (affirm- ing Court of Appeal), 10 App. Oas. 45; 54 L. J. M. C. 57; 52 L. T. 1 ; 33 W. R. 525 ; 49 J. P. 276. In the Court of Appeal, Lord Esher, M.R., thus explains the section (at p. 66, of 53 L. J. M. C.) : "The reading of the statute seems to be to me that it gives jurisdiction to magistrates who are not of the district where the woman reside-, and that when the woman ordinarily resides in England, a Scotch court may, notwith- standing that, make an order against the father if he is within the jurisdiction — that is, in Scotland. So in like manner if the mother ordinarily resides in Scotland and the father in England, the justices here may make an order against him although the mother ordinarily resides in Scotland, therefore it gives the mother a larger remedy than before; so that if she goes into Scotland and the father is within the jurisdiction of the Scotch court, the sheriff court may make an order against him. The section negatives the idea that an English court may make an order against a person who is in Scotland and therefore not within its jurisdiction, it is for the Scotch court to do that, therefore the section does not reach this case." And Lord Ski.bokxe, L.C., iu the House of Lords (at ]>. 60 of 54 L. J. M. C.)j says. "And therefore the effect of that sixth section is this, not to provide that in those cases a man who is alleged to be the father of a bastard child shall be capable of being compulsorily brought within the jurisdiction of a court to the juris- diction of which he is not subject, either ratione persona or ratione loci ; but that a Scotch sheriff court .-hall now have given to it for the first time the ordinary bastardy jurisdiction as against a person within the jurisdiction of that court, and that for that purpose the condition which is expressed in the (Bastardy) Acts of 1844 and 1872, that the mother must apply to the justices of the place where •284 The Summary Jurisdiction (Process) Act, 1881. Note she ordinarily resides is not to be applicable. The Scotch sheriff to court is to have jurisdiction not over people in England. but over Sect. 6. people within the jurisdiction of the Scotch sheriff court, notwith- standing that the mother ordinarily resides in England." 7. Saving. — This Act shall be in addition to and not in derogation of any power existing under any other Act relating to the execution of any warrant or other process in England and Scotland respectively. 8. Definition. — In this Act, unless the context otherwise requires, — The expression " process " includes any summons or warrant of citation to appear either to answer any information or com- plaint, or as a witness ; also any warrant of commitment, any warrant of imprisonment, any warrant of distress, any warrant of poinding and sale, also any order or minute of a court of summary jurisdiction or copy of such order or minute, also an extract decree, and any other document or process, other than a warrant of arrestment, required for any purpose connected with a court of summary jurisdiction to be served or executed. \The expression "Summary Jurisdiction Ac/*," as regards England, has the same //tea/lint/ as in the Summary Jurisdiction .\il. 1879 (42 & 4:; Vict. c. 43),andas regards Scotland, tardus the Summary Procedure Art, 1864 (27 <>■ 28 Vict c. bB),andany Art, past or future, amending thai Act."] [Repealedby ">7 & 58 ! '/'/. r. 56.] The expression "sheriff 1 ' shall include sheriff substitute. The expression "court of summary jurisdiction '* means any justice of the peace, also any officer or other magistrate having the authority in England or Scotland of a justice of the peace. also in Scotland the sheriff. The expression " officer of a court of summary jurisdiction " means the constable, officer, or person to whom any process issued by the court is directed, or who is by law required or authorized to serve or execute any process issued by the court. Poinding and salt is a Scotch process similar to an English distress warrant. U (('• 45 Vict. c. 24, s. 8. 28; .1 warrant of arrestment is a Scotch process equivalent to "a Note foreign attachment which prevails only in London, and one or two t0 other places; if after judgment it prevails in courts of Civil haw, under the name of attachment." "Compendium of English and Scotch Law, Paterson." Sect. 8. SCllKDhhK. Indorsement in backing a Process. Whereas proof hath this day been made before me, one of II' i Majesty's justices of the peace [sheriff or other magistrate'] for the [county or burgh] of , that the name of A. 11. to the within warrant [or summons or order or minute, or copy of order or minute or other document] subscribed is of the handwriting of the justice of the peace [sheriff or other magistrate] within mentioned, I do therefore hereby authorize C. 1>. who bringeth to me this warrant [or summons or order or minute, or copy of order i r minute or other document] and all other persons by whom the same may be lawfully served [or executed], and also all constable- and other peace officers of the said [county <r they shall so think fit, instead of issuing in the first instance his or their warrant to apprehend the person so charged or complained against, to issue his or their summons (C.) directed to such person, requiring him to appear before the said justice or justices at a time and place to be therein mentioned, or before such other justice or justices of the same county, riding, division, liberty, city, borough, or place as may then be there, and if after being served with such summons in manner hereinafter mentioned he shall fail to appear at such time and place, in obedience to such summons, then and in every such cases the said justice or ju-tices, or any other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, may issue his or their warrant (D.) to apprehend such person so charged and complained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charge or complaint, and to be further dealt with according to law: Provided nevertheless, that nothing herein contained shall prevent any justice or justices of the peace from issuing the warrant hereinbefore first-mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party. Public Prosecutor. — It is now provided by the Act 4J & 43 Viet. c. 22, post, that tin- Secretary of State may appoint an officer, to be called the director of public prosecutions, who under regulations to be made in pursuance <>i the Act shall take action in cases which appear to be of importance or difficult} . or in which special circum- stances, or the refusal or failure of a person to proceed with a prosecution appear to render the action of such director necessary and secure the duo prosecution of an offender. This Act was amended by IT & 48 Vict. c. I which by section 2 provided that the person tor the time being holding the office of Solicitor of the Treasury should be director of public prosecutions, and ah 288 The Indictable Offences Act, 1848. Note by tin- same section revoked all appointments under the Act to of 1879. Sect. 1. Commission of the peace — Counties. — The authority of justices of tlir peace extends to all treasons, felonies, or indictable mis- demeanors, or other indictable offences whatsoever, committed within the limits of their respective jurisdictions; and also to the causing to be apprehended all persons guilty or suspected to be guilty of having committed any such crime or offence elsewhere out nf their jurisdiction, when such person is or is suspected to be residing within the limits of their jurisdiction. By the commission of the peace, as originally settled (Michaelmas Term, 1590), in the reign of Queen Elizabeth, by Sir Charles Wrey, then Lord Chief Justice of the Queen's Bench, and the other judges and barons, and not since altered, the duties of justices of the peace are defined in the following terms : — ■ " Victoria, by the grace of God, &c, to greeting ((«)see p. 290). " Know ye, that we have assigned you jointly and severally and every one of you our justices to keep our peace in our county of ; and to keep and cause to be kept all the ordinances and statutes for the good of our peace, and for preservation of the same, and for the quiet rule and government of our people made, in all and singular their articles, in our said county (as well within liberties as without), according to tin:' force, form, and effect of the same ; and to chastise and punish all persons that offend against the form of those ordinances or statutes, or any one of them, in the aforesaid county, as it ought to be done, according to the form of those ordinances and statutes ; and to cause to come before you, or any of you, all those who, to any one or more of our people con- cerning their bodies or the tiring of their houses, have used threats, to find sufficient security for the peace or their good behaviour, towards us and our people; and if they shall refuse to find such security, then them in our prisons until they shall find such security tO Cause t" he safely kept. Jurisdiction of justices in sessions. — " We have also assigned to you. and every two or more of you (of whom any one of you the aforesaid A. 1!.. < '. 1).. &c, we will shall be one) our justices to inquire the truth more fully, by the oath of good and lawful men of the aforesaid county, by whom the truth of the matter .-hall be the better known, of all and all manner of felonies, poysonings, inchantments, sorceries, art magick ((&) see p. -tin , trespasses, fore- stallings, regratings, ingrossings ((c) see p. 290), and extortions whatsoever; and of all and singular other crimes and offences, of which the justices of our peace may or ought lawfully to inquire, by whomsoever and alter what manner soever in the said county done or perpetrated, or which shall happen to be there done or attempted ;— and also of all thus,, who in the aforesaid counties in companies againsi our peace, iii disturbance of our people, with armed force have gone or rode, or hereafter shall piesume to go or 11 ( ( 12 Vict. c. 42, s. 1. 28 ( J tide;— and also <>f all those who have there lain in wait, or here- Note after shall presume to lie in wait, to maim or cut or kill our people; to and also of all victuallers, ana all ami singular other persons, who Sect. 1. in tli>- abuse of weights ami measures, or in Belling victuals, against the form of the ordinances and statutes of any one of them there- fore made for the common benefit of England, ami our people thereof, have offended or attempted, or hereafter shall presume in the said county to offend or attempt; and also of all sheriffs, bailiffs, stewards, constables, keepers of gaols, and other officers, who in thi' execution of their offices about the premises or any of them, have unduly behaved themselves, or hereafter shall presume t" behave themselves unduly, or have been or -hall happen hereafter to hi' careless, remiss, or negligent in our aforesaid county : -and of all and singular articles and circumstances, and all other things whatsoever, that concern the premises or any of them by whom- • r ami after what manner soever in our aforesaid county done or perpetrated, or which hereafter shall there happen to be done or attempted in what manner soever ; — and to inspect all indictments whatsoever so before you or any of you taken or to be taken, or before others late our justices of tin- peace in the aforesaid county made or taken, and not yet determined ;— and to make and continue processes thereupon against all ami singular the persons so indicted, or win. before you hereafter -hall happen to In- indicted, until they can In- taken, surrender themselves, or he outlawed: and to hear and determine all and singular the felonies, poysonings, inchant- ments, sorceries, art magick, trespasses, forestallings, regratings, ingrossings, extortion-, unlawful assemblies, indictments afore- said, and all ami >iiiL r ular other the premises, according to the law- and statutes of England, as in the like case it has been accustomed, or ought to he done; —and the same offender.- and every one of them for their offences by hue-, ransoms, amerciaments, forfeitures, and other mean.-, a- according to the law ami customs of England, or form of tin- ordinance- ami statutes aforesaid, it has been accustomed, or ought to be done to chastise and punish. "Provided always, that if a case of difficulty upon the deter- mination of any of tin- premises before you or any two or more of you -hall happen to arise, then let judgment in nowise he given thereon before you or any two or more of you, unless in the presence of one of our justices of the one or other bench, or of one of our justice- appointed to hold the assizes in tin- aforesaid county. '■And therefore we command you and every of you. that to keeping the peace, ordinance-, statutes, and all and singular other the premises, you diligently apply yourselves; and that at certain days and places which you or any such two or more of you as is aforesaid shall appoint for these purposes, into the premises ye make inquiries; and all and singular the premises hear and determine, and perform and fulfil them in the aforesaid form, doing therein what to justice appertain-, according to the law and custom of England; saving to us the amerciaments and other things t<> us therefrom belonging. S.J. A. U 290 The Indictable Offences Act, 1848. Note "■ And we command by the tenor of these presents our sheriff of to the said county of , that at certain days and places, which Sect. 1. vmi or any such two or more of you as is aforesaid shall make known to him. he cause to come before you or such two or more of you as is aforesaid, so many and such good and lawful men of his bailiwick (as well within Liberties as without), by whom the truth of the matter in the premises shall be the hotter known and inquired into. Custos rotulorum. — " Lastly, we have assigned you the afore- said A. B. keeper of the rolls of our peace in our said county ; and therefore you shall cause to he brought before you and your said fellows, a't the days and places aforesaid, the writs, precepts, processes, and indictments aforesaid, that they may he inspected, and by a due course determined as is aforesaid. " In witness whereof we have caused these our letters to he made patent. Witness ourself at Westminster," &c. (a.) If any gentleman is afterwards added to the commission, which is done by appointment from the Lord Chancellor, the clerk of the peace sends the commission to London to the < "rown' Iffice at West- minster, where the name is inserted and the commission re-sealed. (A.) The late Lord Westbury, when Lord Chancellor, had intended to omit " inchantments," "sorceries," and "artmagick" from the commission of the peace when he had an opportunity of revising it. (c.) The offences of forestalling, regrating, and ingrossmg were abolished by the repealed statute. 7 & 8 Vict. c. 24. Qualification of a justice of the peace for county.— By the Justices Qualification Act, 1744 (18 Geo. 2, c. 20). s. 1, no person shall be capable of being a justice of the peace, or of acting as such for any county, riding, or division, who shall not have, either in law or equity, to and for his own use and benefit in possession, a freehold, copyhold, or customary estate lor life, or for some greater estate, or an 'estate for some Ion'.": term of years, determinable upon one or more life or lives, or for a certain term originally created for twenty-one yearsor more, in lands, tenements, or hereditaments, lying or being in that pari of Greal Britain called England, or the Principality of Wales, of the clear yearly value of loo/, over and above what will satisfy and discharge all incumbrances that affect the same, and over and above all rents and charges payable out of or in respect of the same ; or who shall not he seised of or entitled unto, in law or equity, to and for his own use and benefit, the immediate reversion or remainder of and in lands, tenements, or hereditaments, lying or being as aforesaid, which are leased for one, two. or three lives, or lor any term of years determinable upon the death of one. two or three lives, upon reserved rents, and which are of the clear yearly vah f 300Z. ; and who shall not, before he takes upon himself to act as a justice of the peace at some general or quarter sessions for the county, riding, or division for which he does or shall intend to act. hist take and subscribe the oath following, videlicet : — 11 ,i 12 Vict. e. 42, s. 1. -Jill Form of oath.— * 1. .1. B., «1« » swear that I truly mid bona //"'' Note have such an estate in law or equity, to and for my own use and to benefit, consisting of . as doth qualify me to act as ;i justice Sect. 1. of the peace for the county of . according to the true intent and meaning of an Art of Parliament made in the 18th year of the reign of His Majesty King George the Second, intituled, &c. : and thai the same is lying, or being, or issuing, out of lands, tene- ments, or hereditaments, being within the jurisdiction, township, or precinct of orin the several parishes, township, or precincts of . in the county of . or in the several counties of," (as t/ii cast may bt ). This oath, so taken and subscribed, is to be kept by the clerk of the peace for the county, among the records of the sessions for the county, &c. Qualification for a justice of the peace. —By the Justices Qualification Act, l s 7-"> [38 & 39 Vict. c. 54), s. 1. aotwithstanding the Act of 18 Geo. 2, c. 20, or anything therein contained, every person of full age, and who has during the two years immediately preceding his appointment been the occupier of a dwelling-house assessed to the inhabited bouse duty at the value of not less than 100/. within any county, riding, or division in England or Wales, and shall during that time have been rated to all rates and taxes in respect of the said premises, and who is otherwise eligible, shall be deemed to be qualified to be appointed a justice of the peace for such county, riding, or division. Provided always, that no justice appointed in respect of the qualification in this section mentioned shall continue to act as a justice of the peace for any county, riding, or division, after he shall have ceased for twelve calendar months to have within such county, riding, or division such qualification. As to enactments respecting qualification. —By section 2 the enactments concerning the description of property qualification and other provisions and penalties having reference to the qualifica- tions now required by law shall be applicable with reference to the qualifications required by this Act. Qualification, what sufficient. — It has been decided, upon the Justices Qualification Act, 17-44 (18 Geo. 2, c. 20), that the clear yearly \ aluc contemplated by that statute is that which comes into the pocket of the owner as such after all other demands upon it have been satisfied. Pack v. Tarpley, !> Ad. & E. 468. And where the qualification of a justice of the peace is an ecclesiastical benefice, 8 sequestration under which the profits were received, is an incum- brance affecting the estate within the meaning of the first section of that Act. See Dunnelow v. Lees, 1 Car. & K. 408. In Woodward v. Watts, 2 E. & B. 453; L"J L. J. M. ('. 14!); 17 Jur. 790, it was held that an estate of more than 3001, a year, held in trust for the wife of A. B. for life, remainder for him for life, with remainder for their children, will not give A. B. a sufficient qualification to act as a justice of the pea v under the Justices u 2 292 The Indictable Offences Act, 18-48. Note Qualification Act. 1741. Is Geo. '_>, c. 20; but see now the Justices to Qualification Act, L875, 38 & 39 Vict. c. .">4. Section 3 of 18 Geo. 2, Sect. 1. c. "Jo. provides a penalty of lOOZ.for a justice acting as such without — the proper qualification, to be recovered by action. Acts of unqualified justice not void. — In Margate Pier Com- pany v. Hannam, 3 B. & Aid. 2(i(i, it was decided that the acts of a justice who has not duly qualified arc not absolutely void; and therefore, where persons seizing goods under a warrant of distress signed by a justice who had not taken the oath at the general si 3sions, and had not handed in the certificate required, are not trespassers, Auisott. G.J., saying, "We think the restraining clauses (of IS Geo. 2. c 20) are only prohibitory upon the justices, and the proper effect of the third section is only to make it unlawful in him to act as such hut not to make his acts invalid. The interest of the public requires that the acts done should he sus- tained, and sufficient effect is given to the statute by considering its provisions as penal upon the person so acting." And in B. v. Herefordshire -/-/.. 1 < 'bitty Eep. Too, Holroyd, J., --aid (dealing with the same section), " The statute merely operates as a pers 1 prohibition, declaring that it shall he unlawful tor the magistrate to act. and he is punishable for so doing that which the statute prohibits him from doing, hut his acts are not void." Solicitor disqualified. —Section '■>'■'> of the Solicitors Act, 1843 6 & 7 Vict. c. 73), and so much as remain- in force of section 2 of "> (I,.,,, -i, c. IN. are repealed; hut no person .-hall he capable of becoming or heme- a justiceof the peace for any county in England or Wales (not being a county of a city or a county of a town) in which he shall practise and carry on the profession or business of a solicitor or proctor, and where any person practises and carries on such profession or business in any city or town being a county of itself, he shall, for the purpo.-e of the Act. he deemed to carry ( , n the same in the county within which such city or town or any part thereof is situate. By section U of the Justices Qualification Act. 1871 (34 & 35Vict. c. 18), forthe purposesof the Act a person .-hall he deemed to practise and carry on his profession or business in the county, city, or town hi which he maintains an office or place of business; ami the word •• county " shall mean and include a riding or division of a county having a separate commission of the peace. A solicitor who has ceased to practise as such ami ha- transferred hi.- business to other.-, hut continues to take nut hi- certificate as a solicitor, under the belief that it is necessary for him to do so as registrar of a county court, i- not disqualified from acting as a justice of the peace under the Justices Qualification Act. 1871. /«'. v. Douglas and Others, <>7 L. .1. <;. B. 406; <;•_' J. 1'. 277. Clerk of peace can be a justice.— A person holding the com- mission of the peace was appointed clerk of the peace, and acted in both capacities in the same county: -Held, that the clerkship of the peace did not vacate the commission of the peace. Forbesv. Lloyd, lo L. il. lr. C. L. 5.52. 11 ,i 12 Vict. c. 42, 8. 1. 293 Sheriff. A. justice of the peace who is appointed sheriff cannol Note during liis year of office acf as a justice of tile peace for the county t0 of which he is sheriff. This disqualification extends to financial Sect. 1. matters or " county business " as well as to criminal matters. Coroner. — Bui a justice of the peace is oof disqualified from acting as such by mean- of his being elected coroner for the county or division for which be so acts as justice. Davia v. Pembrokeshirt ■ l.l. . L. I!. 7 a B. 513. Sei also note to section 6 of 11 & L2 Vict. c. 43, ante. Bankruptcy. By the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), s. 42 I), where a debtor is adjudged a bankrupt he shall be dis- qualified for (c) being appointed or acting as a justice of the peace : Inn 2 the disqualification shall be removed and cease if ami when («) tiie adjudication of bankruptcy against him is annulled ; or (b) be obtains from the court hi- discharge, with a certificate to the effect that his bankruptcy was caused b\ misfortune, without any mis- conduct on his part. Corrupt practices. Parliamentary. — As to the disqualification of justices, see also the Corrupt Practices Act. 1883 [46 & 47 Vict, c. -''1 . -. 38 . sub-sect. o' of which enact- that when any person who is a justice of the peace is reported by an election court or com- missioners to have been guilty of any corrupt practice, whether lie has obtained a certificate of indemnity or not.it shall be the duty of the director of public prosecutions to report the case to the Lord Chancellor, with evidence of such corrupt practice; and where such person acts a- a justice of the peace by \ irtue of his being or having been mayor of a borough, the Lord Chancellor shall have the same power to remove such justice from being a justice of the peace as it he was named in the commission of the peace. This Act relates to parliamentary election-. Municipal elections. — With reference to municipal elections, see sections 7^ and 7!' of Municipal < !orporations Act. 1 882 \:, & 41; Vict, c 50 . Section 78 provides that a person guilty of a corrupt practice at a municipal election shall lie subject to the same for- feitures, &c, as if such corrupt practice had been at a parliaments!*} election, and section 79 enacts in effect thai when a candidate has been guilty of a corrupt practice, or has connived at such, he shall. whether elected or not, during seven years from the report, be incapable of (sub-section 1. 6) " acting as a justice, or holding any judicial office." Jurisdiction of county justices at petty sessions — Com- mission in boroughs. --Justice- for the county can -it and act at any petty sessions within such county. And see the Division of Counties Act, L828 !• Geo. b c. 4.J). As to petty sessions in boroughs, see 12 & L3 Vict. c. 18, ante, p. 35. The following is the form of the commission of the peace as used in boroughs: "Victoria, &c. To the Mayor. &c. Know ye thai we have assigned to you and every of you jointly and severally our justices to keep our peace in and throughout the said borough 2<>4 The Indictable Offences Act, 1848. Note of , and to keep and cause to be kept all ordinance's and to statutes made for the good of our peace, and for the conservation of Sect. 1. the same, and to chastise and punish all persons that offend against the form of these ordinances or statute.- or any one of them, in the aforesaid borough, as it ought to be done, according to the form of those ordinances and statutes; and to cause to come before you or any one of you all those who, to any one or more of our people concerning their bodies or the firing of their houses, have used threats, to find sufficient security for the peace or their good I ii iha \ iour towards u> and our people, and if they refuse to find such security then imprison them in our prisons until they shall find such security, to cause and be safely kept. And therefore We command yu that you diligently apply yourselves to the keeping of our peace, ordinances, statutes, and all and singular other the premises, and perform and fulfil the same in the form aforesaid, doing therein what to justice appertains, according to the laws and customs of England, in witness," &c. The form of the commission in the case of borough justices is necessarily much shorter than that for county justices, as the former are precluded from acting a.- justices of the peace at any court of gaol deli\ ery or quarter sessi >ns, and therefore the second assignment is not required to give them jurisdiction, as it is in the case of county justices. See the subject of the commission of the peace for counties and boroughs fully and historically treated of in Archbold's " Quarter Sessions" (5th ed.), ]>. 11 et seq. Qualification of borough justices. — The Municipal Corpora- tions Act, 1882 (45 & 46 Vict. c. 50), s. 157, sub-sects. 2 and ;;, regulates the qualification of borough justices. Sub-section -. A justice for a borough .-hall not he capable of acting as such until he has taken the oath required to he taken by justices, except the oath as to qualification by estate, ami made before the mayor or two other members of the council a declaration as in the 8th schedule. (See Promissory I >aths Act. 1868 (31 & :V1 Vict. c. 72), ss. 1 and (J, and Promissory I >aths Act, lsTl (.'H & 35 Vict. c. 18), s. 2.) Sub-section •'!. He must while acting as such reside in or within seven miles of the borough, or occupy a house, warehouse, orother property in the borough. Sub-section 4. He need not hen burgess or have such qualifi- cation by estate as i> required for :] justice for a county. Jurisdiction. As to the territorial jurisdiction of justices generally, see note to section n' of 11 & 12. Vict. c. 43, ante, and section.- o, (I, and 7 of 1 1 & 12 Vict. c. -12. post, and notes thereto. Extradition- Fugitive offenders. — As to warrants to appre- hend offenders when out of the country, and in a country with which a treaty under the Extradition Acts is in existence, see •';:; .v :;i Vict. <•. 52, and :;i; & :;: Vict. c. 60, the Extradition Acts, l^Tii and is;:;. And see the provisions of \\ & [5 Vict. c. fi'.t (the Fugitive Offenders Act. 1881), as to offences committed in one part of Her Majestj 's dominion.- 1>\ persons found in another pari 11 do 12 Vict. c. 42, 8. 1. 295 thereof, and thearresl of such persons. This Act also applies to the Note apprehension of persons who have committed offences m any Eng- to li-h colony and have escaped therefrom into England, or via versa, Sect. 1. repealing i> iV 7 Vict, c 3 I. Powers of justices. — Properly speaking, the powers of justices of the peace are of two kinds, judicial and ministerial. Their judicial powers extend t<> the trial at general or quarter sessions of ]ii rsons charged with offences : and also to the hearing of informa- tions and complaints at petty sessions and adjudicating thereupon. Their ministerial powers relate to the receiving of informations and complaints as to indictable offences, as well as other offences which they may be empowered by statute to determine in the summary u;i\ : to the signing of poor rates; making orders of removal ; orders under the Lunacy Acts; anil to the enforcing of convictions or orders 1>\ commitment, or by warrant of distress ; summouing offenders, taking bail and the like. \ ( ,t only is the authority of the justices by this statute extended to all indictable offence.- without exception, hut it is also extended as regards the place where the offence maj have I n committed : that is to say, they may tinder this section issue their warrant for the apprehension of a person charged with or suspected of having committed any indictable offence either within or beyond the limits of their jurisdiction, provided in t lie latter case the person charged is within or suspected to be \\ ithin the limits of their jurisdiction, but in the former case, it i- immaterial win-re the person may be at the timeofthe issue of the warrant. If the person charged be beyond the limits of the justice.-' jurisdiction, the warrant may be backed in the manner directed by section 11, post, and be then executed if the offender be found within the jurisdiction of the justice- by whom it is backed. A.- to backing of warrants, see form [K] in schedule, post, and section lot the Indictable Offences Amendment Act, 1868, post, and note thereto. The 11 & 12 Vict. C. 42, by section .'J2, is not to extend to Scotland or Ireland, or to the Isles of Man. Jersey or Guernsey, Save and except the provisions contained in it respecting the backing of warrants. As to backing Scotch or Irish warrants in England, see section- 12-15, post. Customs. As to the jurisdiction of justices for offences against the customs, see 39 & in Vict. c. .'!<>, ss. 255-258. That Act provides, lor the purpose of giving jurisdiction under it, any offence shall be deemed to have been committed, and every cause of complaint to have arisen, in the place in which it was actually committed or arose, or in any place on land where the person or offender complained of maj be brought. Murder or manslaughter. — Section In of the < ^fences Against the Person Act, 1861 ( - J-i & ■!■> Vict. c. LOO), provides tor the trial of persons for murder or manslaughter when the death or cause of death only happens in England or Ireland, and section 'J for the trial of persons for murder or manslaughter committed on land abroad within or without the Queen's dominions. 296 The Indictable Offences Act, 18-48. Note Larceny Act.— The Larceny Act, 1861 (24 & 25 Vict. c. 96). to b. 114, gives jurisdiction to justices to deal with offenders where Sect. 1. they may bo apprehended, or goods found, although that be not the place where the offence was committed. Section 64 deals with stealing from a ship in distress or wrecked, and place of trial of such offence. And section To with larcenies. &c, by persons in public service and police. Post-office offences. — The Post-office (Offences) Act, 1837 (7 Will. 1 and 1 Vict. c. 36 , b. :!7. provides tor dealing with Post- office offences where the offence was committed, or where the offender lias been apprehended, or in any pi ice (when the offence is in respect of a mail, &c.) through which the mail passed. Forgery.— Vnder the Forgery Act, 1861 (24 & 2.") Vict. c. 98), s. 41. the offender may be dealt with, tried. &c, in any place where he shall be in custody. Coinage offences. — The Coinage Offences Act. 1861 (24 & 25 A'iet. c UU). s. 28, provides for dealing with the offence of uttering counterfeit coin in different comities or jurisdictions, and similar offences by two or more persons acting in concert. Bigamy. The Offences against the Person Act. 1861 (24 & 25 "Vict. c. loo), s. .*)7. provides for persons accused of bigamy being dealt with. &c., where apprehended, or where in custody, or where the second marriage took place. Explosives.- -iiy the Explosive Substances Act, 1883 (40 Vict, c. 3). s. 7, sub-sect. •'!, it is enacted that "for all purposes of and incidental to arrest, trial and punishment, a crime for which a person is liable to be punished under this Act. when committed out of the United Kingdom shall be deemed to have been committed in the place in which such person is apprehended or is in custody. Merchant Shipping Act, 1894. — See 57 & 58 Vict. c. 00, s. ONI, which provides that for the purpose of giving jurisdiction under thai Act every offence shall be deemed to have been com- mitted, and every cause of complaint to have arisen either in the place in which the same actually was committed or arose, or in tin- place in which the offender or person complained against may be. Boundaries of counties. — When a felony or misdemeanor is committed on the boundary or within 500 yards of the boundary of two or more counties, or is begun in one and completed in another COUnty, the offence is deemed to have been committed wholly in either county. 7 Geo. 4, C. 64, S. 12 (the < 'riniinal Law Act, 1826). (See Appendix, post.) Transitory offences.— The same statute, 7 Geo. 4. c. 64, s. 13 (see Appendix, post), deals with offences felonies and misdemeanors) committed in a carriage, Ac., on a journey, or on any vessel. &c, on a river or ( anal, and provides for the trial of such offences ill any jurisdiction through which such carriage, &c, or vessel, &c, passed in its journey. Receivers of stolen property.-- I iy section 96 of the Larceny Act, 1861, 21 & 2a Vict. c. 96, receivers may be dealt with where 11 ,i 12 Vict. c. 12. 8. 2. 297 they have or had the stolen property in their possession, or where Note the principal offender may be by law tried. to Conspiracy. — The venue may be laid in any jurisdiction where Sect.l. an overt act was done by the conspirators in furtherance of their unlawful design. The same rule applies to treason. Accessories. — As to accessories before and after the fact to felonies, see the Accessories and Abettors Act. 1861, 24 & 2~> Viet. C. !I4. s. 7. By section .'57 of the S. .1. Act. 1879, ante, a warrant or summons issued by a justice of the peace under that or any other Act shall not he avoided by reason of the justice who signed the same dying or ceasing to hold office. The Interpretation Act. 1889 (52 it 53 Vict. c. 63), post, makes justices acting under any Act of parliament a court of summary jurisdiction ; and see opinion of law officers quoted after section 7 of tin' S. J. Act, 1884, anii. The provisions of section -41 of the S. ,1. Act. 1879, ante, will apply to proceedings under this Act. 2. Warrant to apprehend for offences committed on thehigh teas or abroad.'] — In all cases of indictable crimes or offences of any kind or nature whatsoever committed on the high seas, or in any creek, harbour, haven, or other place in which the admiralty of England have or claim to have jurisdiction, and in all cases of crimes or offences committed on land beyond the seas, for which an indictment may legally be preferred in any place within England or Wales, it shall be lawful for any one or more of Her Majesty's justices of the peace for any county, riding, division, liberty, city, borough, or place within England or "Wales in which any person charged with having committed or with being suspected to have committed any such crime or offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their warrant (E.) to apprehend the person so charged, and to cause him to be brought before him or them, or some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charges, and to be further dealt with according to law. This section, it may he mentioned, does not limit the power of the justice to the issuing of a warrant only, in cases within its provisions. 'Hie first five sections of this Act merely define the jurisdiction of justices with relation to indictable offences. The 9th 298 The Indictable Offences Act, 1848. Note section, post, as to the summons, will be found to relate to all to indictable offences, whether committed in England, at sea, or Sect. 2. abroad. Jurisdiction over offence committed out of Great Britain by officer of the government. — By 11 & 12 Will. '■>. c. 12. and 42 Geo. 3, c 85 [the I Iriminal Jurisdiction Act, 1 802] . offences com- mitted out of Great Britain by governors of colonies and officers of the government under colour of, or in exercise of, their offices, may be prosecuted or inquired of, heard and determined in Her Majesty's Court of Queen's Bench here in England, either upon information or indictment, and the offence may be laid to have been committed in Middlesex : — Held, that the power conferred upon justices by 11 & 12 Vict. c. 42, ss. 2, 17, 20, of binding over the prosecutor and witnesses to prosecute or give evidence against any person charged with an indictable offence, committed on land beyond the sea, at the next court of oyer and terminer or gaol delivery, or superior court of a county palatine, or court of general or quarter sessions of the peace, extends in cases where the offence is one of those specified in 42 Geo. 3, c. 85, and that the description "court of oyer and ter- miner," in 11 & 12 Vict. c. -12, s. 20, applies to the Court of Queen's Bench. Reg. v. Eyre, 37 L. J. M. C. 159; L. R. 3 Q. 15. 487 ; 18 L. T. 511 : 32 J. P. 518; 11 Cox C. C. 162. Offences on the high seas, &c. — The jurisdiction of the admiralty extend- to the high seas, and the harbour.-, creeks, and havens of foreign countries, but not the harbours, creek.-, and havens of this country; in the latter the ordinary common law courts have exclusive jurisdiction : and by the common law of nations every country exercises rights of jurisdiction within three miles of the coast. The boundaries of the respective jurisdictions are thus described by Mr. Archbold, in his work on the office of a justice of the peace : " [fan imaginary line were drawn across the mouth of such creek, &c, from one point of land to the other, of all offences committed within such line, the common Law would have jurisdiction; hut all offences committed without the line would be within the jurisdiction of the admiral. As to the sea-shore, below low water mark, the admiral has exclusive jurisdiction: above high water mark the courts of common law have exclusive juris- diction ; and between high and low water mark, the court ol common law and the admiral have alternate jurisdiction, the courts of common law have jurisdiction of all offences committed on the strand when the tide IS out. the admiral jurisdiction of offences committed on the water when the tide is in." Bui it has been decided that the part of the sea-shore which lies between high and low water mark is within and pari of the adjoining county; so that the justices of tlie eniinty have jurisdiction to take cognizance of offences committed thereon, whether the land be covered with water or not at the time the offence is committed. Embletwi v. Brawn, 30 L. J. M. I '. 1 : 25 J. 1'. 38. In a later case three prisoners were indicted for feloniously cutting and wounding. The venue was Laid in Glamorganshire, and the 11 ,i 12 Viet. c. 12, 8. 2. '29S> indictment was preferred and tided at the assizes for thai county. Note The offence was committed on board an American ship, anchored in fc ° the Penarth Roads, in the Bristol Channel, three-quarters of a mile Sect. 2. from the coast of Glamorganshire, at a pari never left dry by the tide, but within a quarter of a mile from the land which is left dry. The place in question is situated between the shore of the county of ( rlamorgan and two islands, which islands bave always been treated as part of the county of Glamorgan. It was also about ten miles from the opposite shore of Somersetshire, and the Penarth Roads are ninety miles from the mouth of the Bristol Channel. Under these circumstances, the court held that the part of the sea where the vessel was when the offence was committed, formed part of the body of the county of Glamorgan. A'"/, v. Cunningham, 50 Jur. 202*; Bell C. C. 72; 8 Cox ('.'('. 10 J ; 28 L. J. M. C. 66; 32 1.. T. (o.s.) 287"; 7 W. R. 179. Admiralty jurisdiction. — The crim i nal jurisdiction of the admiralty of England extends over British ships not only on the high seas but also in rivers belo\( the bridges, where the tide ebbs and ilows, and where great ships g0 , though at a spot where the municipal authorities of a foreign country might exercise con- current jurisdiction if invoked. Reg. \. Anderson, 38 I.. J. M. C. 12; 1 L. E. C. C. R. 161; 19 L. T. 400; 17 \V. R. 208; 11 Cox i.e. 198. In /,'. v. Armstrong, 13 Cox C. C. 185, it was held that there would be jurisdiction at common law if a British ship was on the high seas, or infra primos pontes, or in a tidal river, whore great ships come and go. In /;. v. Carr\ 10 a B. D. 76; 52 L. J. M. C. 12; 17 L. T. 451 ; 31 W. K. 121; 47 J. P. 38; 15 Cox C. C. 129; 4 Aspin. M. C. 604), certain bonds or valuable securities were stolen from a British ocean-going merchant ship whilst afloat in ordinary course of trade in the river at Rotterdam, and when moored to the quay, and were afterwards received in England by the prisoners with a knowledge that they had been thus stolen. The place where the ship lay at the time of the theft was in the open river, sixteen or eighteen miles from the sea, but within the ebb and How of the tide. There wen- no bridges between the ship and the sea, and she lay where great vessels usually lay. There was no evidence to show who the thief was, or under what circumstances he was on board the ship. It was beld that the prisoners could properly be tried and convicted at the Centra] Criminal Court as the larceny took place within the juris- diction of the admiralty of England. British ship, what is.— As to proof that a ship is a British Bhip, see R. v. Von Seberg, 1 L. E. C. C. R. 264; 39 L. J. M. C. 133; •_'2 L. T. 523; 18 \V. 1!. 935 : //. v. Armstrong, supra, and //. v. Allen, 10 Cox < '. c. 405, where it was held sufficient to prove that she belonged to British owners and carried the British flag, and see //. v. bjornsen, 10 Cox C. C. 74: L. & C. 545; 34 L. J. M. C. ISO; 11 Jur. 589; 12 L. T. 473; 13 W. 1!. 664. An English ship upon the high seas is to be considered us part ot 300 The Indictable Offences Act, 1848. Note the territory of England; and therefore a foreigner who. whilst on to hoard such ship, commits an offence against the English laws, is Sect. 2. amenable to those laws; and it makes no difference whether he has gone on board voluntarily or has been taken and detained then' against his will. A person is " found" within the jurisdiction of a court of justice, within the meaning of the repealed 18 & 19 Vict, c. 91, s. 21, re-enacted by 57 & 58 Vict. c. 60, s. 684, when he is actually present there, whether he has come within such jurisdiction voluntarily, or lias been brought there against his will. Reg. v. Lopez; Reg. v. Sattler, 27 I.. J. M. C. 48; "4 Jur. 98; 22 J. P. 84; Dears. & B, C. C. 525 ; 7 COx C. C. 431. In II. v. Lesley, the defendant was indicted for assaulting the prosecutors on the high seas and imprisoned there. The prosecutors were Chilian subjects, banished to England from Chili by the Chilian government. The defendant was master of a British vessel lying in the territorial waters of Chili, and agreed with the Chilian government to take the prosecutors to England and land them in Liverpool, and they were so landed. It was held that although the conviction could not he supported for assault and imprisonment in the Chilian waters it could be sustained for what was done out of the territorial waters of Chili, and although the defendant was in those territorial waters justified in receiving and detaining the prosecutors, yet that justification ceased when he passed the line of Chilian jurisdiction, and the detention of the prosecutors and bringing them to Liver] 1 was a wrong triable in England. Bell C. C. 220; SCoxC. C. 269; 29 L.' J. M. C. 97; 6 Jur. '202; 1 L. T. 4.32; 8 W. R. 220. Territorial Waters Act, 1878. — In the case of the German steamer Franconia which ran into the British steamer Strathclyde off Dover while she was under the command and immediate direction of her captain who was a foreigner, and whereby the latter steamer was sunk and one of the passengers on board drowned under such circumstances as to amount to manslaughter by English law. it was held by the majority of the court that the Central Criminal Court bad no jurisdiction to try the prisoner for the offence charged. Reg. v. Keyn, L. R. 2 Exch. D. 63; 41 J. P. 517; K5 Cox C. C. 403; 16 L. .1. M. c. it. In consequence of this decision an Act was passed to regulate the law relating to the trial of offences committed on the sea within a certain distance of the coasts of Her Majesty's dominions il & 12 Vict. c. 73), which is as follows: — 1. Short title. -This Act may be cited as the Territorial Waters Jurisdiction Act, 1 ^ 7 s . 2. Amendment of the law as to the jurisdiction of the admiral.- -An offence committed by a person, whether he is or is not a subject of Her Majesty, on the open 86a within the territorial waters of Her Majesty's dominions, is an offence within the jurisdiction of the admiral, although it may have been com- mitted on board or by means of a foreign ship, and the person who committed such offence maybe arrested, tried, and punished uscordingly. 11 d 12 Vict. c. 42, s. 2. 301 3. Restriction on institution of proceedings for punishment Note of offence.— Proceedings for the trial and punishment of a person t0 who is not a subject of Eer Majesty, and who ia charged with pBct.Z. any such offence as i- declared by this Art to be within the juris- diction of the admiral, shall not be instituted in any court of the United Kingdom, except with the consent of one of Eer Majesty's principal secretaries of state, ami on hi- certificate that the institu- tion of such proceedings is in his opinion expedient, and shall not be instituted in any of the dominions of Eer Majesty out of the United Kingdom, except with the leave of the governor of the part of tin- dominions in which Buch proceedings are proposed to be instituted, and on his certificate that it is expedient that such proceedings should be instituted. 4. Provisions as to procedure.- < >n the trial of any person who i> not a subject of Eer Majesty for an offence declared by thi> Art to lu' within the jurisdiction of the admiral, it shall not be 3sary to aver in any indictment or information on such trial that such consent or certificate of the secretary of state or governor as is required by this Act has been given, ami the tact of the same having been given shall be presumed unless disputed by the defendant at the trial: and the production of a document pur- porting to l,e signed by one of Eer Majesty's principal secretaries of state as respects the United Kingdom, and by governor as respects any other part of Her Majesty's dominion-, and containing such consent ami certificate, .-hall be sufficient evidence for all the purposes of this Act of the consent and certificate required by this Act. E^oceedings before a justice of the peace or other magistrate previous to the committal of an offender for trial or to the deter- mination of the justice or magistrate that the offender i> to be put upon his trial shall not be deemed proceedings tor the trial of the offence committed by such offender for the purpo>es of the -aid consent and certificate under this Act. 5. Saving as to jurisdiction. — Nothing in tin- Act contained .-hall be construed to he in derogation of any rightful jurisdiction of Her Majesty, her heirs or successors, under the law of nation-. or to affect or prejudice any jurisdiction conferred by Act oi parliament or now by law existing in relation to foreign ships or in relation to persons on hoard such ships. 6. Saving as to piracy. — This Act -hall not prejudice or affect the trial in manner heretofore in use of any act of piracy as defined by the law of nation.-, or affect or prejudice any law relating thereto ; and where any act of piracy as defined by tin- law of nations is also any such offence a- i- declared by the Act to he within the juris- diction of the admiral, such offence may he tried in pursuance of this Act, or in pursuance of any other Act of parliament, law, or custom relating thereto. 7. Definitions — "Jurisdiction of the admiral" — "United Kingdom" — "Territorial waters of Her Majesty's domi- nions" — " Governor " — " Offence " — " Ship " — " Foreign ship." — In this Act. unless there i- something inconsistent in the 302 The Indictable Offences Act, 18-48. Note context) the following expressions shall respectively have the to meanings hereinafter assigned to them ; that is to say. Sect. 2. "The jurisdiction of the admiral," as used in this Act, includes the jurisdiction of the admiralty of England and Ireland, or cither of such jurisdictions as used in any Act of parliament; and for the purpose of arresting any person charged with an offence declared by this Act to be within the jurisdiction of the admiral, the territorial waters adjacent to the United Kingdom, or any other part of Her Majesty's dominions, shall be deemed to he within the jurisdiction of any judge, magistrate, orofficer having power within such United Kingdom, or other part of Her Majesty's dominions, to issue warrants fur arresting or to arrest persons charged witli offences committed within the jurisdiction of such judge, magistrate, or officer : "United Kingdom" includes the [sle of Man, the Channel Islands, and other adjacent islands : " The territorial waters of Her Majesty's dominions," in reference to the sea, means such part of the sea adjacent to the coast of the United Kingdom, or the coast of some other part of Her Majesty's dominions, as is deemed by international law to be within the territorial sovereignty of Her Majesty : and for the purpose of any offence declared' by this Act to he within the jurisdiction of the admiral, any part of the open sea within one marine league of the coast measured from low-water mark -hall he deemed to be open sea within the territorial water- of Her Majesty's dominions: "Governor," as respects India, means the governor general or the governor of any presidency ; and where a British possession consists of several constituent colonies, means the governor general of the whole possession or the governor of any of the constituent colonies : and as respects any other British posses- sion, means the officer for the time being administering the government of >uch possession; also any person acting for or m the capacity of governor shall he included under the term •• governor" : ••< Iffence," as used in tin- Act. means an act. neglect, or default of such a description as would, if committed within the body oi a county in England, he punishable on indictment according te tin' law of England for the time being in force: ■• Ship " includes every description of ship, boat, or other floating craft : " Foreign ship " means any ship which is not a British ship. As to proof of a ship being a British ship, see ante, p. 299. Offences by foreigners on high seas. — A foreigner having inflicted a blow on another foreigner on board a foreign ship on the high seas, and the person -'I struck afterwards dying in England, is not amenable to the English law. /■'. v. Lewis, "Jo' L. J. M. ('. KM; 3Jur. .")L'-j: Dear-. & B. 0. C. 182; Cos O.C. i»77. In the Criminal Code, note t<> section 178, it IS staled that no enactment at present touches a British subject committing murder 11 ,i 12 Vict. c. 42. s. 2. 308 on the high seas when on board a foreign ship to which he belongs, Note and see as to this 1 Russell on < Jrimes. t0 Where offences on high seas dealt with.— By the Admiralty Sect. 2. Offences Act, 1844 (7 & 8 Vict. c. 2), 8. 1. offences committed on the high seas and other places within the admiralty jurisdiction may be heard and determined by justices of assize or commissioners under a commission of oyer and terminer or general gaol delivery. The venue is hv section 2 of 7 & 8 Vict. c. 2, laid as of the place where such offence is tried. The 7 >V- 8 Vict. c. li. for the more speed} trial of offences com- mitted on the high seas section 3) also provides, with reference to the place w here offenders shall be tried, that the justice or justices by whom any information shall be taken touching any offence com- mitted within the jurisdiction of the admiralty of England under the Admiralty Offences Act, L626, 7 Geo. I. c. 38, if he or they shall see cause thereupon to commit such person to take his trial for such offence, "shall commit him to the same prison to which he would have been committed to take hi< trial at the next court (if oyer and terminer and genera] gaol delivery, if the offence had been committed on land within the jurisdiction of the same justice or justices, and shall have authority to hind by recognizance all persons who shall know or declare anything material touching the said offence, to appear at the next court of oyer and terminer and general gaol delivery, then and there to prosecute or give evidence against the party accused, and shall return all such information and recognizances to the proper officer of the court in which the trial is to be, at or before the opening of the court." By the 4 & 5 Will. 4, c. 36, s. 22, offences within the admiralty jurisdiction are triable at < tentral < Criminal ( 'ourt. Merchant Shipping Act. By the Merchant Shipping Act, 1N!»4 (.37 & 58 Vict, c 60), s. ti*~. all offences against property or person committed in or at any place either ashore or afloat out of Her Majesty's dominions, by any master seaman or apprentice, who has for three months previous to such offence been employed on a British ship, are to be tried in like manner as if committed in the admiralty jurisdiction of England. And section 686 of that Act enacts that where any person being a British subject is charged with having committed any offence on hoard any British ship on the high seas or in any foreign port or harbour or on hoard any foreign ship to which he does not belong; or, not being a British subject, is charged with having committed any offence on hoard any British ship on the high seas, and that person is found (see fi. v. Lopez, ante, p. 300) within the jurisdiction of any court in Her Majesty's dominions, which would have had cognizance of the offence if it had been committed on hoard a British ship within the limits of its ordinary jurisdiction, that court shall have jurisdiction to try the offence as if it had been so committed. As to jurisdiction over ships lying off the coasts, see ~>~ & 58 Vict. c. 60, s. 685. 304 The Indictable Offences Act, 1848. Note Offences against the customs. —With respect to offences. to against the customs, see the Customs Consolidation Act, 39 & 40 Sect. 2. Vict, c. 36. As regards the jurisdiction of the justices, in offences under this Act, section •_ ,- _'y enacts, "that where any offence shall be committed in any place upon the water not being within any county of the United Kingdom, or where the officers have any doubt whether such place is within the boundaries or limits of any such county, such offence shall for the purposes of this Act be deemed and taken to be an offence committed on the high seas; and for the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of com- plaint to have arisen, either in the place in which the same actually was committed or arose, or in any place on land where the offender or person complained against may be or be brought." And as to justices of adjoining counties acting in these cases when necessary, s"e section 230. Consolidation Acts of 1861, as to offences in admiralty jurisdiction — Offences abroad, murder and manslaughter. Each of the Criminal Law Consolidation Acts of 1861, the Larceny Act (24 & 25 Vict. c. 96, s. 115 . the .Malicious Damage Act, 1861 (24 & 25 Vict. c. 97, s. 72), the Forgery Act. 1861 (24 & 25 Vict, c. 98, s. 50), the Coinage Act, 1861 (24 & 25 Vict. c. 99, s. 36), the Offenc. Against the Person Act, 1861 [24 & 25 Vict. c. loo. s. 68), contains a provision to the following effect : That all offences com- mitted within the admiralty jurisdiction of England or Inland shall lie deemed to be offences committed on land, and may be dealt with and inquired of. &c, in England or Ireland, in any county or place in which the offender shall be apprehended or in custody. The last-mentioned statute also contains the following as regards the trial of British subjects in England for offences committed abroad : (S. 9) " Where any murder or manslaughter shall be com- mitted on land out of the United Kingdom, whether within the Queen's dominions or without, or whether the person killed were a subject of Her Majesty or not. every offence committed by any subject of Her Majesty, in respect of any such case, whether the same shall amount to the offence of murder or manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in any county or place in England or Ireland in which such person shall be apprehended or be in custody, in the same manner in all respects as if such offence had been actually committed in thai county or place j pro- vided that Qothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this Act." Under this section it was held that a British subject who committed a murder in a foreign country upon a person not a British subject was indictable and triable in England under the repealed statute 9 * leo. 4. c. 31, s. 7 fin similar terms to this section). //. v. Azzopardi, 1 C. & K. 20;J: 2 Moody. ('.('. 289. 11 ,('• 12 Vict r. 4-2. s. 3. 305 And by section 10 of the same Act: "Where any person, being Note feloniously stricken, poisoned, or otherwise hurt upon the sea, or at t0 any place out of England or Ireland, shall die of such stroke, Sect. 2. poisoning, or hurt in England or Ireland, or, being feloniously stricken, poisoned, or otherwise hurt at any place in England or Inland, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England or Ireland, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in the county or place in England or Ireland in which such death, stroke, poisoning, or hurt shall happen, in the same manner in all respects as if such offence had been wholly committed in that county or place." Accessories to offences in admiralty jurisdiction. — As to accessories to felonies committed within the jurisdiction of the admiralty, see the Accessories and Abettors Act, 1861 (24 & 2.3 Vict. c. 94), s. 9. A person accused of having committed an offence in one part of Her Majesty's dominions may be apprehended in another part thereof, under 44 & 4j Vict. e. 69 (The Eiigitive Offenders Act, 1881). As to extradition, see ante, note to section 1 of this Act. Onder the Extradition Act, 1870, s. >S, in the case of It. v. Weil, V . post, in the Appendix. The Pro. sedition of Offences Act, 1879 (42 & 43 Vict. c. 22, s. 5), post (Appendix), provides for the delivery of certificates, &c, to the director of public prosecutions in cases in which he has undertaken or is carrying on any criminal prosecution. Proof of certificate. — On the apprehension of a defendant, some person, usually the police officer in the casi\ must be called to prove the certificate, and to prove that the defendant is the person who is mentioned therein. This proof should be taken in the form of a deposition of ;t witness (M.), the caption of the deposition following the words of the certificate of the clerk of the peace. In Ex parte Lloyd, 53 J. P. 012. a woman lived in Gloucestershire against whom a true bill for perjury had been found at the Kent assizes. Prosecutor applied to justices in Kent under this section for a warrant to arrest and hold her to bail, which the justices refused to grant : — Held, that a rule for a mandamus to the jn.-tices woidd not lie granted, because it seemed a vexatious proceeding, and the prosecutor should first have applied to the ( JlMucestershiro justices which was a better remedy. 4. Issue of warrants on Sundays.'] — It shall be lawful for any justice or justices of the peace to grant or issue any warrant as aforesaid or any search warrant on a Sunday as well as on any other day. x 2 308 The Indictable Offences Act, 1848. Note Arrest on Sunday. — This section has removed the doubt to which formerly existed as to whether a warrant could be issued by Sect. 4. :1 j Ils ticc of the peace on a Sunday. But it should be borne in mind that it is only a warrant for the a] (prehension of a person charged with an indictable offence that can be so issued. A writ cannot be issued on a Sunday; and it will be void if it bear date on a Sunday (Hanson v. ShacMeton, 4 Dowl. 48); therefore a warrant to apprehend for non-payment of a penalty, or of money under a justice's order, as a poor rate, it being in the nature of a civil pro- ceeding, cannot be issued on a Sunday. As to the execution of a warrant on a Sunday, see 29 Car. 2, c. 7, s. 6, which enacts "that no person upon the Lord's day shall serve or execute any writ, process, warrant, order, judgment, or decree (except in cases of treason, felony, or broach of the peace), but that the serving of any sueh writ, process, warrant, order, judgment, or decree, shall be void to all intents and purposes whatsoever;" and see note to section 10 of 11 & 12 Vict. c. 42, j>ost, but see also the case of Rawlins v. Ellis, 16 M. &W. 172; 16 L. J. Exch. 5, quoted on p. 322. By section 223 of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), a warrant issued by a borough justice maybe executed within seven miles of the limits of such borough. See note to section 3 of 11 & 12 Vict. c. 43. ante. As to the persons to be named in the warrant, and who are to execute it, see section 10 of this Act, post. The following is a list of statutes under which search warrants may be issued. Statutes authorising search warrants : — 5 Geo. 4, c. 83, s. 13. (The Vagrancy Act, 1824.) 6 & 7 Will. 4, c. 37, s. 11. (The Bread Act, 1836.) 2 it 3 Vict. c. 71, s. 2.3. (The Metropolitan Police Courts Act, 1839.) 7 & 8 Vict. c. 22, s. 11. (The Gold and Silver Wares Act, 1844.) 8 & 9 Vict. c. 109, s. 3. (The Gamin- Act, 1845.) 16 & 17 Vict. c. 119, s. 11. (The Betting Act, 1853.) 20 & 21 Vict. c. 83, s. 1. (The Obscene Publications Act, 1857.) 21 & 25 Yi.t. c. 96, s. 103. (The Larceny Act, 1861.) 24 & 25 Vict. c. 97, 8. 55. (The Malicious Damage Act, 1861.) 24 & 25 Vict. c. 98, s. 46. (The Forgery Act. 1861.) 24 iv 25 Vict, c. 99, s. 27. (The Coinage Offences Act. 1861.) 24 & 25 Vict. c. 100, s. 65. (The Offences against the Person Act, 1861.) (Metal Dealers.) (Petroleum Act.) (Prevention of < 'rimes.) (Linen Unlawfully Pawned.) (Licensing Act.) (Explosives.) (Government Stores.) 24 & 25 Vict. c. 110, s. 4. 3 1 & 35 Vict. c. 105, s. 13. :;i & :;:> Viet. c. 112, s. 16. 35 & 36 Vict. c. 93, s. 36. 37 & 38 Vict. c. 49, s. 17. 38 & 39 Vict. c. 17, s. 73. :ss & 39 Vict. c. 25, s. 6. 11 & 12 Virt. c. 42, s. 4. 309 38 & .59 Vict. c. 55, s. 119. (Public Health Act.) Note 44 & 4.3 Vict. c. 58, -. 156— sub-s. 5. (Army Act.) to is & v.i Vict. c. 69, -. Id. [<>iminalLawAmendmentAct, 1885. Sect. 4. 50 & 51 Vict. c. 28, s. 12. [Merchandise Marks Act, 1887.) 52 & 53 Vict. c. 11, s. 4. (Sale of Horseflesh, &c, Regulation Act, 1889.) ">7 & 58 Vict. <■. 41. s. 10. (Prevention of Cruelty to Children Act, 1894.) Search warrants, how executed. — A search warrant should only authorize a search in the day time, for it does not seem settled that a warrant can be issued to search even for stolen goods in the night. "Greaves' Criminal Statute.-" (2nd ed., p. 4DD). The officer must have the warrant in his personal possession at the time of the search, and produce it if required. Codd \. Cabe, 1 Ex. Div. 352 : 34 L. T. 453 ; 13 < !ox ( !. C. 1*02 ; 4-3 L. J. M. ( *. 101 ; 40 J. P. 506. Constables executing search warrants have power to break doors, see 2 Hawk. c. 14, s. 1 : Lammack v. Brown, 2 B. & B. 592 ; Bee also Treatise in 24 J. P. 242. and 61 J. P. 99. But before resorting to this extreme coin—' the officer should signify to those in the house the cause of his coming and request them to give him admittance; and it i- sufficient if the party have notice that the constable claim- to act under a proper authority and has a legal warrant. Poster. 137. A search warrant is granted by a justice on complaint on oath being made as to facts showing reasonable and probable cause for its issue. "Greaves' Criminal Statutes'" (2nd ed.), 399. The officer must strictly observe the directions of the warrant, and be can only lawfully seize such things as are specified therein, other- wise be is a trespasser. Crozier \. Gundy, (> 13. & C. 2.'J2 ; Pria \. Messenger, 2 Bos. & Pul. 158; Bell v. Oakley, 2 M. & S. 261. A justice of the peace has jurisdiction to issue a search warrant for stolen goods, although the information may not contain a distinct allegation of the commission of a felony. The information is sufficient if it can be fairly understood us alleging reasonable grounds for suspecting a felony by the defendant. It is not neces- sary that the information should specify the goods for which a search is desired. Jones v. German, 12 T. L. B. 622; 13 T. L. R. 173; 65 L. J. M. C. 212. The 10th section of the < 'riminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69), provide.- that the search warrant under that section shall be executed by some superintendent, inspector, or other officer of police, accompanied by the parent, relatn e, guardian, of the woman or girl, or informant, unless the justice otherwise directs. All the above Acts of parliament, except the Bread Act, L836 (6 & 7 Will. 4, c. 37), require a -worn information to be laid before the magistrate before bis warrant issues. As to the duty of the justice in warrant.- under the < 'riminal Law Amendmeni Act, IS85, s. 10, see //<< \. Evered, ■'>■'> L. J. M. I '. 1 Hi, and note to section 1 of 11 & 12 Vict. c. 44, -post, in Appendix. 310 Tlie Indictable Offences Act, 1848. Sect. 5. 5. Provision where justices act for two adjoining counties, cj-c] — In cases where a justice of the peace for any county, riding:, division, liberty, city, borough, or place shall be also justices of the peace for a county, riding, division, liberty, city, borough or place next adjoining thereto or surrounded thereby, it shall and may be lawful for such justice of the peace to act as such justice lor the one county, riding, division, liberty, city, borough, or other place whilst he is residing or happens to be in the other such county, riding, division, liberty, city, borough, or other place, in all matters and things hereinbefore or hereafter in this Act mentioned ; and that all such acts of such justice, and the acts of any constable or other officer in obedience thereto, shall be as valid, good, and effectual in the law to all intents and purposes as if such justice at the time he shall so act as aforesaid, were in the county, riding, division, liberty, city, borough, or other place for which he shall so act : and all constables and other officers for the county, riding, division, liberty, city, borough, or place for which such justice shall so act as aforesaid are hereby authorised and required to obey the warrants, orders, directions, act or acts of such justice which in i hat behalf shall be granted, given, or done, and to do and per- form their several offices and duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty : and any such constable or other peace officer, or any other person, apprehending or taking into custody any person offending against law, and whom he lawfully may and ought to apprehend or take into custody, by virtue of his office or otherwise, in any such county, riding, division, liberty, city, borough, or place, may lawfully take and convey such person so apprehended and taken as aforesaid to mill before any such just ice of the peace, for such county, riding, division, liberty, city, borough, or place, whilst such justice shall be in such adjoining county, riding, division, liberty, city, borough, or place as aforesaid, ami the said constables and other peace officers, and all such other persons as aforesaid, are hereby authorised and required in all such cases so to act in all 11 & 12 Vict, c. 4-2, s. 6. 3H things as if the said justice of the ]>eace were within the said Sect. 5. county, riding, division, liberty, city, borough, or place for which he shall so act. This section enables a justice of the peace for two or more districts adjoining cadi other, as two counties, ridings, or divisions of a county, or a borough and a county, or for a district surrounded by another, as a borough surrounded by a county, &c, to act, whilst he is in one of these districts, for the other district, and has remedied a defect in the law, a~ it formerly existed, in this respect. Constables. — With regard to the duties of constables, the County and Borough Police Act, 1859 (22 & 23 Vict., c. 32), s. 2, enacts that "no county constable shall, as such constable, be required to act in any borough having a separate police establish- ment, except in execution of warrants of justices of such county, or by the order of his chief constable or superintendent; and in all cases of special emergency the chief constable or superintendent, when required so to do by the watch committee of any borough having a separate police establishment, shall have power to direct the county constables to act within such borough ; and no constable of any borough having a separate police establishment shall as such constable be required to act out of his borough, except in execution of warrants of justices of such borough, or in pursuance of directions from the watch committee in case of special emergency." See the note to section 6 of 11 & 1'2 Vict. c. -to, ante, and B, v. Cumpton, ante, pp. 22, l'.'!. 6. Justices for a county, dr., may act fur it in an adjoining city or place of exclusive jurisdiction.] — It shall be lawful for auy justice or justices of the peace acting for any county at large, or for any riding or division of such county, to act as such at any place within any city, town, or other precinct, being a county of itself, or otherwise having exclusive jurisdiction, and situated within, surrounded by, or adjoining to any such county, riding, or division respectively, and that all and every such act or acts, matters and things, to be so done by such justice or justices within such city, town, or precinct, as justice or justices for such county, riding, or division respectively, shall be as valid and effectual in law as if the same had been done within such county, riding, or division respectively, to all intents and purposes whatsoever : Provided always, that nothing in this Act contained shall extend to give power to the justices of the peace for any county, riding, or division, not being also justices 312 The Indictable Offences Aet, 18-48. Sect - 6 ' for such city, town, or other precinct, or not having authority as justices of the peace therein, or any constable or other officer acting under them, to act or intermeddle in any matters or things arising within any such city, town, or precinct, in any matter whatsoever. Jurisdiction of justices. — The effect of this section is to enable" any justice acting tor any county, riding, or division to act for it within any city, town, or other precinct within it or adjoining to it, not only in respect of indictable offences, but in respect of all pro- ceedings within the jurisdiction of a justice of the peace. Their powers in this respect were formerly regulated hv the repealed Btatutes 28 Geo. o, c. 49. s. 4, and 1 & 2 Geo. 4, c. <;;» ; and the proviso is the same as the proviso to those enactments. See also the proviso in 11 & 12 Vict, c 43, s. (!, ante, on the same subject, and notes thereon. County justices acting in boroughs. — With respect to the jurisdiction of county justices in borougbs, sec section 154, sub- section (1), of Municipal I lorporations Act. 1882 (45 & 4(i Vict. c. 50), ante, p. 34, snh-section (2) of which section enacts that no part of a borough ha\ ing a separate court of quarter sessions shall In- within the jurisdiction, exercisable out of quarter ses.-ions, of the county justices, where the borough was exempt therefrom before the 31st May, 1836. 7. /'tubers of justices, cjr. in detached part of comities.'] [Recital of 2 <(■ 3 Vict. c. 82.]— All the acts of any justice or justices, and of any constable or officer in obedience thereto, shall be as good in relation to any detached part of any county which is surrounded in whole or in part by the county for which such justice or justices acts or act as if the same were to all intents and purposes part of the said county ; and all constables and other officers of such detached part are hereby recjtiired to obey the warrants, orders, and acts of such justice or justices, and to perform their several duties in respect ihereof, under the pains and penalties to which any constable or other officer may he liable for a neglect of duty. This section was passed in order to remove doubts whether the powers _lti\ en to justices under the Counties (Detached Parts) Act, 1839 2 & 3 Vict. c. 82), are applicable to ministerial acts and cases of summary jurisdiction. See also note to section 6of 11 & 12 Vict, c. 43, ant . 11 «(' 12 Vict. c. 42, s. 8. 313 It was pointed out by the late Mr. Archboldin " Jervis' Acts" Note (3rd ed.), p. 24. that the provisions of this section are superfluous, to and that tin- statutes 7 & 8 Vict. c. 61 The Counties (Detached Sect. 7. Parts) Act. 1844), ami J & :; Will. 4, c 64 (The Parliamentary — Boundaries Act. 1832), had been apparently overlooked when the clause was introduced into the bill when in the House of Lords. 8- Form of ///formation for issue of warrant and summons respectively.'] — In all cases where a charge or complaint for any indictable offence shall be made before such justice or justices as aforesaid, if it be intended to issue a warrant in the first instance against the part; or parties so charged, an information and complaint thereof (A.) in writing, on the oath or affirma- tion of the informant or of some witness or witnesses in that behalf, shall be laid before such justice or justices : Provided always that in all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be nee - sary that such information and complaint shall be in writing, or lie sworn to or affirmed in manner aforesaid, but in every such case such information and complaint may be by parol merely, and without any oath or affirmation whatsoever to support or substantiate the same : Provided also, that no objec- tion shall ba taken or allowed to any such information or complaint for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or the justices who shall take the examination of the witnesses in that behalf, as hereinafter mentioned. Information on oath. — Before thi> enactment there was no statute which expressly required that upon the \>-w of a warrant in the first instance the information should be in writing on the oath or affirmation of the informant: but in all such cases it was deemed prudent to require a previous information in writing ami upon oath. R. v. Fearshire, 1 Leach, <'.('. 202 : Stephens^. Clark, 1 Car. & M. 509. Now it is expressly required to be in writing, and upon oath or affirmation. "When it is intended to issue a summons instead of a warrant in the first instance, the Act provides that the information or complaint may be by parol merely, and without any oath or affirmation. The justices, however, arc not precluded from requiring that the information shall be in writing if they should deem it expedient so to do. 314 The Indictable Offences Act, 1848. Note It may be mentioned that although it is not necessary for an to information or complaint for a summons tobein writingor on oath, Sect. 8. y,.t jt is advisable in doubtful cases that there should be a sworn information for the justices' protection. In theMansion Ilouseand Guildhall Justice Booms in the city of London it is the practice to invariably require a sworn information in all applications for summonses in indictable offences. Application for process. -—There is a rule of practice at the Mansion House and Guildhall that no application for a summons or warrant againsl any person for an indictable offence will he per- mitted to he made in open court, but must he made to the Lord Mayor, the presiding alderman, or chief clerk before or after the public sitting of such court. And if such application is entertained an information in writing and on oath will he required from tli" prosecutor and his witnesses. The process is then issued or refused by the justice according to the merits of such sworn information. Objections on ground of variance in informations. As the information is merely for the purpose of enabling the magistrate to judge whether he shall interfere or not, tin- defendant knows nothing of it. and a variance between it and the evidence cannot therefore he material to him. For this reason, therefore, it was thought desirable to prevent objections being made to the informa- tion, as they could he of no benefit to the accused. In fact, the accused is not entitled to see the information. As regards objections to the summons, see the proviso to section 9, post. Any person may lay the information for an indictable offence; and the most usual course is to take an information in the form of a deposition, stating shortly the facts, and not an information of the offence couched in the technical language on indictment or commitment. Public prosecutor. — The Prosecution of Offences Act, 1879 (42 A: 43 A ict. c. 22), s. <3, post, provides for the deli\ ery of informa- tion, &c, to the director of public prosecutions in cases in which he has instituted or undertaken, or is carrying on any criminal prosecution. Refusal to issue process. -When a justice has refused to issue a summons upon complaint, other justices may subsequently refuse to hear an information and take the recognizances of the prosecutor to prosecute in the same matter; and the Vexatious Indictments Art (22 & 2;; Vict. <•. 17), s. 2. post, does not apply to such pro- ceedings unless a sunn is or a warrant has been granted. A'"/. \. Bather or Battier-, 12 l>. T. 532; 11 .). P. lift); and Bee the notes and cases to section 1 of 22 & 2:; Vict. c. 17. yes/, in the Appendix. Where justices entertain an application lor a summons for a criminal offence, and have considered the materials (in which the application is based, and refused to hear more or to grant a summons, the High Court of Justice will not interfere by mandamus to order them to hear the application again. Ex parte MacMahon, in. I. P. 7<>. In Ex parti West, 29 J. 1'. 310, a rule was moved for calling on a jus! ice to grant a copy of an information Laid before 11 & 12 Vict. c. 42, s. 9. 315 him on which he issued a warrant: — Held, by Cockbubn, C.J., Note BLACKBURN and SHEE, JJ. : "We have no power to order a to justice in the above circumstances to give you a copy of the Sect. 8. information. You can subpoena the justices' clerk as a witness at the trial, when he will no doubt produce it."' Further, as to the right of a defendant to see the information, see 46 J. P. 302, 318, and 332. Discretion of justice. — An application being made to the stipendiary magistrate of heeds to hear a charge of perjury alleged to have been committed by a defendant in a suit in Chancery, and to issue a warrant against the defendant on the charge, after hearing the application and reading tic information, the magistrate declined to issue a summons or warrant, and on an application for a man- damus on the ground that the magistrate had really declined to exercise his jurisdiction, as lie had refused to hear the case, the Lord Chief Justice said the magistrate had not declined to exercise his jurisdiction, and had indeed exercised it, having heard the charge, and on hearing it declined to issue his warrant. That was an exercise id' jurisdiction, and even if he had exercised it wrongly, that did not give this court any jurisdiction to interpose. The magistrate had a discretion to exercise in such cases, and was not hound on every application for a warrant or summons to i-sue it. The preliminary inquiry as to whether he should issue his summons or not was as much a judicial inquiry as the hearing of the charge or the summons would he; and he having exercised his judicial discretion on the matter, this court could neither reverse his decision nor force him to decide the matter again. If this application were acceded to, then in every case in which a magistrate refused a summons, this court must rehear the case and review the decision. The application was therefore refused. /// the matter of tin Stipen- diary Magistral for Leeds, 43 J. P. 743. See also note to section 9, post. See also K.r parte Leivis, 16 Cox C. C. 449; .32 J. P. 773; ^7 L. J. M. C. 108; 21 (J. P. 1). 191. 9. Issue of warrant and summons — Scrrke of summons — Validity ofwarrantand summons.'] — Upon such information and complaint being so laid as aforesaid, the justice or justices receiv- ing the same may, if lie or they shall think fit, issue his or their summons or warrant respectively as hereinbefore is directed to •cause the person charged as aforesaid to be and appear before him or them, or any other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law ; and every such summons (C.) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such informa- tion, and shall require the party to whom it is so directed to be 316 The Indictable Offences Act, 1848. Sect. 9. and appear at a certain time and place therein mentioned before the justice who shall issue such summons, or before such other justice or justices of the peace of the same county, riding,. division, liberty, city, borough, or place, as may then be there, to answer to the said charge, and to be further dealt with according to law ; and every such summons shall be served by a constable or other peace officer upon the person to whom it is so directed by delivering the same to the party personally, or if he cannot conveniently be met with, then by leaving the same with some person for him at his last or most usual place of abode ; and the constable or other peace officer who shall have served the same in manner aforesaid shall attend at the time and place, and before the justices in the said summons mentioned, to depose, if necessary, to the service of such summons : and if the person so served shall not be and appear- before the justice or justices at the time and place mentioned in such summons, in obedience to the same, then it shall be lawful for such justice or justices to issue his or their warrant (D.) for apprehending the party so summoned and bringing him before such justice or justices, or some other justice or justices of the peace for the same county, riding,, division, liberty, city, borough, or place, to answer the charge in the said information and complaint mentioned, and to be further dealt with according to law : Provided always, that no- objection shall be taken or allowed to any such summons or warrant for any alleged defect therein in substance or in form,. or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examination of the witnesses in that behalf, as herein- after mentioned ; but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the mean- time to remand the party so charged, or admit him to bail, in manner hereinafter mentioned. 11 ,(• 12 Vict. c. 42, s. 9. 317 Address and service of summons. — The summons must be Note addressed to the person accused, and not, as was formerly the t0 practice, to the constable; and it must also be served by a con-table Sect. 9. or other peace officer by delivering it personally to the accused, or it he cannot conveniently be found, by leaving it with some person for him at his last or most usual place of abode. It should not be left with any person indifferently ; but should be given to the wife, servant, parent, or other person likely to give it to the accused. If at the time appointed in the summons the accused do not appear, the justice, on the constable proving the service of the summons, will issue a warrant for his apprehension. Discretion of justices to issue summons. — If on application to justices for a summons for an indictable offence, they have heard and determined the application, and on the merits have declined to grant it, the court will not grant a mandamus to compel them to review this decision. R. v. Faivcett and Others, JJ, of Durham, If) L. T. 396 ; 32 J. P. 776; 11 Cox C. C. 305. The justices, if they refuse to issue a summons under 1 1 & 1 2 Vict, c. 42, s. 9, must exercise a discretion, as shown by the following case. Upon an application to justices for summonses against certain persons to answer a charge of conspiracy to break the peace and do grievous bodily harm at a public meeting, evidence was given that a disturbance had arisen at the meeting in which the defen- dants took part, and that one or other of them had previously offered money to different persons if they would commit acts of violence at the meeting; the justices, after hearing evidence, declined to issue the summonses, and a rule nisi for a mandamus having been obtained, they stated in their affidavit that, upon the facts brought before them, they did not feel justified in granting the application, but did not say that they thought the witnesses unworthy of credit The court made the rule absolute, for although under this section the justices are to issue their summons "if they shall think fit," it was evident that in this particular case they had not exercised a discretion. Reg. v. Adamson, L. R. 1 Q. B. D. 201 ; S. C, Reg. v. Tynemouth JJ., 33 L. T. 840; 40 J. P. 1S2 ; 45 L. J. M. C. 46; 24 W. E, 250. Cockburx, C.J., saying, "I have felt some perplexity, because nothing is more clear than that we have no jurisdiction authorising us to review the deci- sion of justices who have once heard and determined a case within their jurisdiction, and where a statute does not give us the express power to do so ; and if I could see that in this case they had heard and decided on the facts, I should say that we could not send the case back to them. But they did not do so, but decided upon some ground outside the evidence before them altogether." Discretion of justices. — See, as to the discretion of justices, R. v. Bottler and other cases, cited at p. 76, ante ; and as to the exercise of discretion in issuing process, see R. v. Bather, Es parte M'MuIioh, and R. v. Stiprni/iary Magistrate for Leeds, ante, note to section 8, and note to section 1 of 22 & 23 Vict. c. 11, post, in 318 The Indictable Offences Act, 1848. Note Appendix, and //. v. Byrde and Others, 60 I.. J. M. C. 17; 55 J. P. to 310; it Cox C. 0. 187. Sect. 9. i n /.;.,. /inr f,. /.y,-,^ .|<, j. i>. gOO, it was held that a mandamus will not bo granted t<> interfere with the discretion of a magistrate who has refused to issue a summons for perjxiry on an information setting forth facts upon which no jury would convict. In Ex parte Lewis, 57 L. J. M. C. 108; 52 J. P. 77o; 21 Q. B. D. 101 ; l(i Cox ( '. ( !. 410, L. applied to a magistrate for a summons against parties who were alleged to have obstructed the right of public meeting in Trafalgar Square. After hearing the applica- tion the magistrate refused to grant a summons: — Held, that as the magistrate had exercised his discretion, rightly or wrongly, the court would not grant a mandamus to rehear. See also It. v. Huggins, 00 L. J. M\ C. 139. As to discretion of justices with regard to adjournment, see 11. v. Evans and Others, 54 J. P. 471 ; 62 L. T. 470, in which it was held that where a summons for libel before justices is issued, the justices cannot postpone the hearing and adjudication till a pending action between the parties as to a different libel, though arising out of the same facts, is disposed of. The practice of adjournment and the discretion of magistrates thereon is set out in ( 'olerilh;e, C.J.'s, judgment in this case. Service of summons. — As to service of summons, meaning of '•last or most usual place of abode," &c, see note to section 1 of 11 & 12 Vict. c. 413, ante. Since magistrates acting under this Act are now a court of summary jurisdiction, the provisions of section 41 of the Act, 1879, ante, as to proof of service by declaration, will apply. Limitation of prosecutions. — Certain statutes provide that a prosecution shall commence within a certain time from the com- mission of the offence The following is a list : — Blasphemy (!) Will. ;;. c. 35, s. 2). " Four days. The Riot Act (1 Geo. 1, stat. 2. <•. ."», s. 8). Twelve months. The Unlawful Drilling Act, 1819 (00 Geo. & 1 Geo. 4. c. 1 , s. 7). Six months. Tin: Night Poaching Act, 1828 (9 Geo. 4, c. 00, s. 1). Twelve months. Berths Registration Acts (-'57 & 38 Viet. c. 88, s. 4G). Three years. t Vstoms Act (:J9 & 40 Vict. c. 36, s. 257). Three years. 1 oiiiuTT Practices Prevention Act (40 & 47 Vict. c. 51, s. 51). < >ne year from offence, or three months from commissioner's report. Municipal Elections Act (47 & 48 Viet. c. 70, bs. 30, 35, and 36). Same as 40 & 4 7 Vict. c. 51, s. 51, supra. Criminal Law Amendment Act (is & 4!) Vict. c. 69, s. 5). Three months. What is commencement of prosecution. — The laying of the information upon which a warrant or summons is issued, or giving the accused in charge, is the commencement of tin- prosecution (/.'. v. Austin, 1 C. & EC. 021); but merely issuing a warrant of apprehension is not a commencement of proceedings, unless the 11 d 12 Vict. c. 42, 8. 9. 319 defendanl be apprehended thereupon, within the Night Poaching Note Act, 1828 (9 Geo. 4. c. 69). R. v. Hall, 2 F. & P. 16. See also to R. v. /;,-..../.■. 1 Den. 217; 2 C. & K. 402; 2 Cox 436. Where a Sect. 9. prisoner was committed for trial on July 27th for a rape on July 19th. but more than three months after the alleged offence the bill was presented to and found by the grand jury for unlawful carnal knowledge, it wa- In 'hi that the prosecution had been commenced within three months within the meaning of th« ■ proviso to section a of the Criminal Law Amendment Act, L885 (48 & 49 Vict. c. 69 . /,'. v. Thos. IC s/, 14 T. L. R. 121. It has been held that the production of the warrant without the information is not legal evidence that the proceedings have been commenced in time. R. \. Parker, !) < 'ox <'.<'. 47o ; L. & < '. 159; 33 L. J. M. ( '. 135 : 12 W. II. 765 ; 10 Jur. 596 ; 10 L. T. 463. It would seem to he advisable that the information upon which process is sought should show that th<' proceedings have been com- menced within the limitation provided by the particular statute. The statute should be consulted in each case. A prosecution under section 80 of the Larceny Act, 1861 24 & 2"> Vict. c. 96), requires the leave of the Attorney-General. The order of a judge is a condition precedent to a prosecution for the publica- tion of a newspaper libel (51 & 52 Vict, c. U4. s. S). Variance in summons or warrant. — It is provided by this section that no objection shall be taken to the summons or warrant for any defect in >ubstan<-e or in form, or for variance between them and the evidence adduced. Such an objection would be beside the merit of the case, as the party i- not then upon his trial, but the question before the magistrate is whether there is sufficient evidence against him to send the case before a grand jury. If, however, the variance between the offence stated in the summons or warrant ami the warrant be such as to satisfy the justice that the accused ha- been deceived or misled by it. he may, at the request.of the accused, adjourn the hearing, and in the meantime either remand the accused or admit him to bail. Before this statute justices had continually to deal with objections t<> the summons or warrant, which were quite apart from the merits of the case. ]5\it now, if the objection be made for variance, and the variance be such a- to show that the accused has been taken by surprise, and charged by the evidence with an offence entirely different, in point of fact, and not merely in name, from that men- tioned in the summons or warrant, it would not lie fair to commit him for trial in such a case without giving him an opportunity of preparing himself for his defence if he wish to offer any at this stage of the prosecution. / ( '. v. Hughes, ante, p. 73. 10. Form of warrant — Execution of warrant — Validity of warranty — Every warrant [B.] hereafter to be issued by any justice or justices of the peace to apprehend any person charged with anv indictable offence shall be under the hand and seal or 320 The Indictable Offences Act, 1848. Sect. 10. hands and seals of the justice or justices issuing the same, and may be directed either to any constable or other person by name, or generally to the constable of the parish or other district within which the same is to be executed without naming him, or to such constable and all other constables or peace officers in the county or other district Avithin which the justice or justices issuing such warrant, has or have jurisdiction, or generally to all the constables or peace officers within such last-mentioned county or district, and it shall state shortly the offence on which it is founded, and shall name or otherwise describe the offender, and it shall order the person or persons to whom it is directed to apprehend the offender, and bring him before the justice or justices issuing the said warrant, or before some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the charge contained in the said informa- tion, and to be further dealt with according to law ; and it shall not be necessary to make such warrant returnable at any particular time, but the same may remain in force until it shall be executed ; and such warrant may be executed by apprehend- ing the offender at any place within the county, riding, division, liberty, city, borough, or place within which the justice or justices issuing the same shall have jurisdiction, or in case of fresh pursuit at any place in the next adjoining county or place, and within seven miles of the border of such first-mentioned county, riding, division, liberty, city, borough, or place without having such warrant backed as hereinafter mentioned ; and in all cases where such warrant shall be directed to all constables or other peace officers within the county or other district within which the justice or justices issuing the same shall have jurisdiction, it shall be lawful for any constable, head-borough, tithing-man, borsholdcr, or other peace officer for any parish, township, hamlet, or place within such county or district to execute the said warrant within any parish, township, hamlet, or place situate within the jurisdic- tion for which such justice or justices shall have acted when he 11 (C 12 Vict. c. 4-2, g. 10. 321 or they granted such warrant, in like manner as if such Sect - 10 warrant were directed specially to such constable by name, and ! notwithstanding the place in which such warrant shall he executed shall not be within the parish, township, hamlet, or place for which he shall be such constable, headborough, tithingman, borsholder, or other peace officer : Provided always, that no objection shall be taken or allowed to any such warrant for any defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the justice or justices who shall take the examinations of the witnesses in that behalf, as hereinafter mentioned : but if any such variance shall appear to such justice or justices to be such that the party charged has been thereby deceived or misled, it shall be lawful for such justice or justices, at the request of the party so charged, to adjourn the hearing of the case to some future day, and in the mean- time to remand the party so charged, or to admit him to bail, in manner hereinafter mentioned. Execution of warrant. — The warrant must lie under the hand and seal of the justices issuing it. and it may lie directed to any constable or "other person by name;"' and in this respect no change has been made in the law. If the person to whom it is addressed !»• net a constable or peace officer, he is not compellable to execute the warrant, and of course is net punishable if he refuses to execute it. 2 Hawk, c 1."], >. ii7. But if it lie directed to the constable or other peace officer, the constable or officer is hound to execute it. and may do mi at any place within the jurisdiction of the justices granting the warrant ; or if the offender cannot he found therein, the warrant may he hacked by a justice having jurisdiction in the place where the offender is supposed to be, and then executed (see section 11). Usually the warrant is directed to the constable without naming him, and to all other constables and peace officers within the county or other jurisdiction of the justices issuing it. and any one of such persons may execute it in the same manner as if it were addressed by name to all or to each of them. The constable executing warrant must have it in his possession at the time of apprehension in all cases of misdemeanor or less than felony. See Codd v. ('"I", nut:, p. 309. Fresh pursuit. — The warrant remains in force until it is executed; and when executed the constable cannot discharge him- self of the offender otherwise than by taking him before a magis- trate. 2 Hawk. c. 13, s. 7 In case of fresh pursuit, that is, in S..J.A. V ;-3-22 The Indictable Offences Act, 1848. Note case of the escape of the offender out of custody into the next t0 adjoining county or place and within seven miles of the border of Sect, T he county, &c, within which the justices issuing the warrant have 10, jurisdiction, the warrant may be executed without being backed as in ordinary cases, but if the offender be beyond seven miles from the border, he cannot be apprehended until the warrant is backed in the ordinary manner. This provision is of great practical advantage in securing the more speedy apprehension of criminals. The distance of seven miles of the border of the county referred to in this section will be measured not by the nearest practicable mad, but by a straight line from point to point on the horizontal plan, " as the crow Hies." Lake v. Butler. 24 L. J. Q. B. 2T:i : 19 J. P. 692; Stokes v. Grissell, 23 L. J. C. P. 141; 18 J. P. 378; Reg. v. Saffron Walden, 9 Q. B. 76; 15 L. J. M. C. 115; 10 J. P. 49!); Duiqnan v. Walker, 5 Jut. 97<> ; and see note to section '■> of 11 & 12 Vict. c. 43, ante. The 29 Car. 2, c. 7, s. <5 (ante, p. 308), does not authorize the arrest on a Sunday of persons who have been guilty of indictable offences, but it seems that a person guilty of an indictable offence, which might involve an actual or constructive breach of the peace, may be apprehended on a Sunday. Raivtins v. Ellis, 16 L. J. Exch. 5 ; 16 M. & W. 172. Arrest by constable.- It may be necessary to observe here that a constable at common law is not justified in imprisoning a person in the belief that he has committed a misdemeanor. Qrijfin v. Colman, 28 L. J. Exch. 134. Neither can a constable legally take a person into custody on a charge of felony made by another if the charge rests on no reasonable grounds, or on grounds which are unreasonable. Hogg v. Ward, ','> U. & X. 417; 27 L. J. Exch. 44.*i ; 4 Jur. 885 ; 22 J. 1'. 626; but a police officer is protected if he acts upon a warrant, even though that warrant be informal, and if he be killed when so acting by a premeditated attack, with a view to rescue, the crime will lie murder, the proper course being to apply to a court of law for a habeas to have the prisoner discharged from custody. Reg. v. Allen, 17 I.. T. 222. So a magistrate has no authority to arrest a person guilty on his own view of a misdemeanor, where there is no breach of the peace, and where it is not necessary to arrest the offender to prevent a renewal of the act. King v. Poe, 30 J. I'. 678. Arrest by a justice. — If a felony or breach of the peace '»■ committed in view of a justice, he may personally arrest the offender, or may command a bystander to do so : and such com- mand is a good warrant to the bystander. But if he be not present, he must issue his warrant for the offender's apprehension. (2 Hale P. C. 86.) When private persons may arrest. A treason or felony having actually been committed, a private person may arrest one reasonably suspected by him without warrant. See Ml,i, \. I., and S. II'. /.'.. 40 I.. J. . I'.. 65; 11 ('ox r.r. 621. So also where the arrest is 11 ,c 12 Vict. r. 42, s. 10. 323 to prevent the commission of a felony. (Beckivith v. Philby, <> Note 15. & C. 635.) to By the Larceny Act, 1861 (24 & 25 Vict. c. 96, s. 103), and bythe Sect- Art relating to coin, 2-1 & 25 Vict. c. 99, s. 31, any person may 1 ^- arrest anyone "found committing" offences against those statute-. and by the Malicious Damage Act, L861, 24 & 2.3 Vict. c. 97, s. 61, a person " found committing" an offence against it may lie arrested by the owner or a person authorized by him. Constable. — A constable, however, may arrest merely upon reasonable suspicion that a felony has been committed, although in fact no felony has been committed, and that the party arrested was the felon. (Marsh v. Loader, 14 C. B. (n.S.) 535; 11 W. E. 7S4. anil Griffin v. <'<>lnt Vict. c. 47. ss. 04. 62-69, as to offences in streets and thoroughfares of the metropolis ; the Vagrancy Act, 1S24. 5 Geo. 4. <•. 83, ss. (! and 11, as to offences committed in view of the person arresting; the Highway Act, ls:>.3. ,3 & 6 Will. 4, c. 50, ss. 78, 79. as to offences on highways; Prevention of Crimes Act. 34 & 35 Vict. c. 112. s. ;>. As to offences in relation to Cruelty to Children, see .37 & 58 Viet. c. 41. s. 4. Night offenders. — Bythe Prevention of Offences Act, 1851, 14 . li>4: 4(i L. J. C. P. 1.3: 36 L. T. .3; 2.3 W. E. 196] : Coinage AC. 1861 (24 & 2.3 Vict. '■. 99), s. 31. As to meaning of "found committing," see Simmons v. Milligan, 1.3 L. J. C I'. 102; 10 Jur. 224; 2 C. li. .3:;:;, and R. \. Plielps, Car. & M. ISO. Borough constables Towns Police Clauses Act. — By the Municipal Corporations Act. 1882 (4.3 & 46 Vict. c. .30). s. 193, a borough constable may arrest any idle or disorderly person whom he finds disturbing the public peace, or whom he has reasonable cause of suspicion of intention to commit a felony; and in places where the Towns Police ( 'lanscs Act. 1N-17 (10 & 1 1 Vict. <■. 89), i> in force, con- stables may apprehend without warrant any person found by them Y 2 ' 321 Tlie Indictable Offences Act, 1848. Note committing offences against that Act mentioned in section 28. See t° " Stone's Justices Manual" (:>l>t ed.)> by Mr. Kennett, pp. 128<£ seq. Sect. j} a jj Q f p ersons arrested without warrant. — As to bail of persons arrested without wan-ant, see section 38 of the S. J. Act. 1879 which applies to indictable as well as summary offences), and as to offences in boroughs, see the note to that section, ante. As to summonses, warrant.-, &c, issued by a borough justice being exempted seven miles from limits of such borough, see note to section 3 of 11 & 12 Vict. c. 43, ante, where the sections of the Municipal Corporations Act, 1882, are set out. As to warrants of metropolitan police magistrates and home county magistrates executed in city, and vice versa, see note to section ;> of 11 & 12 Vict. c. 4:>, ante. 11. Backing of Warrants. — If the person against whom any such warrant shall he issued as aforesaid shall not be found within the jurisdiction of the justice or justices 1 >y wh< >m the same shall be issued, or if he shall escape, go into, reside, or be or be supposed or suspected to be, in any place in England or Wales out of the jurisdiction of the justice issuing such warrant, it shall and may be lawful for any justice of the peace for the county or place into which such person shall so escape or go, or in which he shall reside or be, or lie supposed or suspected to be, upon proof alone being made on oath of the handwriting of the justices issuing such warrant, to make an indorsement (K.) on such warrant, signed with his name, authorizing the execu- tion of such warrant within the jurisdiction of the justice making such indorsement, and which indorsement shall be sufficient authority to the person bringing such warrant, and to all other persons to whom the same was originally directed, and also to all constables and other peace officers of the county or place where such warrant shall be so indorsed, to execute the same in such other county or place, and to carry the person against whom such warrant shall have issued, when appre- hended, before the justice or justices of the peace who first issued the said warrant, or before some other justice or justices of the peace in and for the same county, riding, division, city. liberty, borough, or place, or before some justice or justices of the county, riding, division, liberty, city, borough, or place where the offence in the said warrant mentioned appears 11 ,c 12 Vict. c. 42, s. 11. 325 therein to have been committed : Provided always, that if the Sect- prosecutor, or any of the witnesses upon the part of the 1 prosecution, shall then be in the comity or place where snch person shall have been so apprehended, the constable or other person or persons who shall have so apprehended such person may, if so directed by the justice backing such warrant, take and convey him before the justice who shall have so backed the said warrant, or before some other justice or justices of the same county or place ; and the said justice or justices may thereupon take the examinations of such prosecutor or witnesses, and pro- ceed in every respect in manner hereinafter directed with respect to persons charged before a justice or justices of the peace with an offence alleged to have been committed in another county or place than that in which such persons have been apprehended. Backing warrants in England. — This section relates ex- clusively to the backing of warrants to be executed in some county in England to which the offender may have fled, or in which he may be. The form of indorsement in backing a warrant is usually printed on the hack of the warrant, and the magistrate backing it has only to fill in the name of the constable and the name of the county or other jurisdiction, and to sign it. After being hacked, not only the constable who brings the warrant, and all constables and other peace officers of the county where it is issued, but also all constables and other peace officers of the county where it is backed, may execute it. It. after being hacked, the offender be not found within the jurisdiction, the constable may go to any other county or jurisdiction in which he may be sup- posed to he, and get it backed by a justice of that county, &c, and then execute it, and so on in any county. &c, in England, until the offender i- taken. Or if the offender have gone hack to the original county. &c, it may be there executed notwithstanding its having been hacked in other counties. It would seem that the provisions of section 41 of the S. J. Act, lsT!'. as to proof of the writing and seal of justices by statutory declaration, apply to proceedings under this section, see note to that section, ante. Supposing the offender to have been apprehended, the constable will take him before a justice of the county in which the offence was committed, there to he dealt with, unless the justice backing the warrant by a special indorsement -hall have directed otherwise, in which case the offender must he taken before a justice of the county, &c, in which the warrant was backed. I'nles.s, however, there are any witnesses within the jurisdiction of the justices backing the warrant, it is not usual to have such special indorsement; 11 326 The Indictable < \fences Act, 1848. Not» the fad that there ai'e any such witnesses should therefore be com- to municated to the justice when the warrant is backed, in order Sect, that he may exercise his discretion in the matter. If the backing be specially indorsed, the offender, it 1 apprehended within the jurisdiction of a justice making the indorsement, must be taken before that justice or some other justice of the county. &c., who will then proceed in the manner directed by section 'J'-', post. For form of indorsement on warrant, see Form (K.) in schedule to this Act, post. As to apprehension of offenders in colonies escaping into England, sec Foreign Offenders Act, 1881, 44 & 45 Vict. c. (>!». s. .'!. and note to section 2, uiitr. English warrants may he hacked in Ireland, and vice versa, in the event of offenders escaping, see 14 & 15 Viet. c. 93, s. 2!». and the Petty Sessions (Ireland) Act, 1867, 30 & 31 Vict. c. 19, post, ]). 32N. and in the Isles of Man, Guernsey, Jersey, Alderney and Sark, and vice versa see the Criminal Justice Administration Act, 1851, 14 & 15 Vict. c. 55. 12. English warrants may be backed in Ireland, and rice versa. — If any person against whom a warrant shall he issued in any county, riding, division, liberty, city, borough, or place in England or Wales, by any justice of the peace, or by any judge of Her Majesty's Court of Queen's Bench, or justice of oyer and terminer or gaol delivery, for any indictable offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or he, or be supposed or sus- pected to be, in any county or place in that part of the United Kingdom called Ireland, or if any person against whom a warrant shall be issued in any county or place in Ireland, by any justice of the peace, or by any judge of Her Majesty's Court of Queen's Bench there, or any jnstice of oyer and terminer or gaol delivery, for any crime or offence against the laws of that part of the United Kingdom, shall escape, go into, reside, or he, or he supposed or sus- pected to he, in any county, riding, division, liberty, city. borough, or place in that part of the United Kingdom called England or Wales, it shall and may he lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or lie. or he supposed or suspected to he, to indorse (K.) 11 .1' 12 Vict. c. 42, s. 12. 327 such warrant in manner hereinbefore mentioned, or to the like Sect. 12 effect, and which warrant so indorsed shall be a sufficient 1 authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables or other peace officers of the county or place where such warrant shall be so indorsed, to execute the said warrant in the county or place where the justice so indorsing- it shall have jurisdiction, by apprehending the person against whom such warrant shall have been granted, and to convey him before the justice or justices who granted the same, or before some other justice or justices of the peace in and for the same county or place, and which said justice or justices before whom he shall be so brought, shall thereupon proceed in such manner as if the said person had been apprehended in the said last-mentioned county or place. Backing warrants in Ireland. — This section relates to the backing of English warrants in Ireland, or the converse. The only difference between this and the case provided for by the previous section is, that the justice in Ireland backing the warrant cannot direct the offender to be taken before him or any other justice of the same county, &c. The constable, on apprehending the accused in Ireland, must forthwith convey him to England, and take him before the justice who issued the warrant, or before some justice of the same county, there to be dealt with. Irish warrants.— P.y the Petty Sessions (Ireland) Act. 14 & 15 Vict. c. 93, s. 27, whenever any warrant addressed to the sub- inspector of constabulary, or to any head or other constable, shall be certified and transmitted to the inspector-general, the manner in which it shall be backed for execution elsewhere shall be as follows : " Whenever it shall appear that the said person or his goods are to be found in some place in England or Scotland, or in the Isles of Man. Guernsey, Jersey, Alderney, or Sark. it shall be lawful for the said inspector-general, or for either of the said deputy inspectors- general, in like manner as before, to indorse the warrant, according to Form < i. ( '.), and it shall thereupon be lawful for any justice or officer having power to issue any warrant, or process in the nature of a warrant, for the arrest of offenders in any of the said places, upon proof on oath of the handwriting either of the inspector or deputy inspector-general by whom the same shall have been in- dorsed, or of the justice by whom the warrant shall have been issued, to indorse the same, according to the Form (Gr. C), authorizing its execution within the jurisdiction of the .-aid justice or officer by tin- 12. 328 The Indictable. Offences Act, 1848. Note person bringing the same, or by any constable or other peace officer t° of the county or place where it shall be so indorsed." Sect. By the Petty Sessions (Ireland) Act, 1867, 30 & 31 Vict. c. 19, s. 1, in the absence of the inspector- general and deputy inspector- general of constabulary, it shall he lawful for any One of the assistant inspectors-general of constabulary in Ireland, to hack, indorse, and transmit for execution, all warrants issued under the 14 & 15 Vict. c. 93, in like manner as the inspector-general and deputy insj lector- general were thereby authorized to do; and thereupon the same shall be executed in like manner as a warrant backed by the inspector-general or deputy inspector-general. 13. English warrants may be lacked in the Isles of Man, Guernsey, Jersey, Alderney, or SarTc, and rice versa.— If any person against whom a warrant shall be issued in any county, riding, division, liberty, city, borough, or place in England or Wales, by any justice of the peace, or by any judge of Her .Majesty's Court of Queen's Bench, or justices of oyer and terminer or gaol delivery, for any indictable offence, shall escape, go into, reside, or be, or be supposed or suspected to be, in any of the Isle? of .Man, (Inernsey, Jersey, Alderney, or Sark, it shall be lawful for any officer within the district into which such accused person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, who shall have jurisdiction to issue any warrant or process in the nature of a warrant for the apprehension of offenders within such district, to indorse (K.) such warrant in the manner hereinbefore men- tinned, or to the like effect ; or if any person against whom any warrant, or process in the nature of a warrant, shall be issued in any of the isles aforesaid, shall escape, go into, reside or be, or be supposed or suspected to be, in any county, riding, division, liberty, city, borough, or place in England or Wales, it shall lie lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or be supposed or suspected to be, to indorse (K.) such warrant or process in manner hereinbefore mentioned, and every such warrant or process so indorsed shall be a sufficient authority t<> the person or persons bringing the same, and to all persons to whom the same respectively was 11 ,c 12 Vict. c. 12, s. 13. 329 originally directed, and also to all constables and peace officers Sec t- in the comity, district, or jurisdiction within which such ! warrant or process shall be so indorsed, to execute the same within the county, district or place where the justice or officer indorsing the same has jurisdiction, and to convey such offender, when apprehended, into the county or district wherein the justice or person who issued such warrant or process shall have jurisdiction, and carry him before such justice or person, or before some other justice or person within the same county or district who shall have jurisdiction to commit such offender to prison for trial, and such justice or person may thereupon proceed in such and the same manner as if the said offender had been apprehended within his jurisdiction. Backing- warrants in Channel Islands. — This section provides for the backing of English warrants in the Isles of Man, Guernsey, Jersey, Alderney, or Sark; and the converse in regard to each of those islands. The note to section 12 is equally applicable to this section. Doubts having arisen as to the proper authority to indorse warrants in the < 'hannel Islands, it was enacted by the Criminal Justice Administration Act. 1851, 14 & 15 A'ict. c. ~>o, s. 18, as follows : — ■• [A nd wht reas by section thirtet n of tlie Act of thi session holden in the eleventh arid twelfth years of Her Majesty, chapter forty-two, provision is made for indorsing such warrants as therein mentioned by any officer within any of tin Isles of Guernsey Jersey, Alderney, and Sark, who shall have jurisdiction to issue any warrant, or process in the naturt of a warrant, for the apprehension of offenders, and other provisions an madt in the samt Act, and in the Act of the sann year of Her Majesty, chapter forty-three, by referena to the iimrt mi at of the said session, anddoubts liavt arisen by whom warrants s/toii/ statute .'il & '.>2 Vict. c. 107, s. 1, post, makes provision for backing Irish warrants in the Channel Islands, and for backing Channel Island warrants in Ireland. Further, with respect to this section, see 11 & 12 Vict. c. 43, ss. '■'> and .'J7, and notes thereon, ante. 14. English or Irish warrants may be backed in Scotland. — If any person against whom a warrant shall be issued by any justice of the peace for any county or place within England or Wales or Ireland, or by any judge of Her Majesty's Court of Queen's Bench or justice of oyer and terminer or gaol delivery in England or Ireland, for any crime or offence against the laws of those parts respectively of the United Kingdom of Great Britain and Ireland, shall escape, go into, reside, or be, or be supposed or suspected to be, in any place in that part of the said United Kingdom called Scotland, it shall be lawful for the sheriff or steward depute or substitute, or any justice of the peace of the county or place where such person or persons shall go into, reside or be, or be supposed or suspected to be, to indorse ( K. ) the said warrant in manner hereinbefore mentioned, or to the like effect, which warrant so indorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all sheriffs officers, stewards officers, con- stables and other peace officers of the county or place where such warrant shall be 80 indorsed, to execute the same within the county or place where it shall have been SO indorsed, by apprehending the person against whom such warrant shall have been granted, and to convey him into the county or place in England, Wales, or Ireland, where the justice or justices who first issued the said warrant shall have jurisdiction in that behalf, and to carry him before such justice or justices or before any other justice or justices of the peace of and for the same county or place, to be there dealt with according to law, and which said justice or justices are hereby authorized and required thereupon to proceed in such and the same 11 ,(' 12 Vict. c. 42, s. 15. 831 manner as if the said offender had been apprehended within sect. 1 ' 14. his or their jurisdiction. Backing Warrants in Scotland. — This section provides for the backing of English warrants and also for the backing of Irish warrants in Scotland. As regards the former, the observations in the note to section 12 apply also t<> this section. The 31 & '■>2 Vict. c. 107, s. 4, post, makes provision for backing Scotch warrants in the Channel Islands, and for backing Channel Island warrants in Scotland. The S. J. (Process) Act, 1881, ante, will not apply here, as that Act only applies to any process issued under the S. J. Acts. 15. Scotch Warrants may be backed in England or Ireland. — If any person against whom a warrant shall be issued by the lord justice general, lord chief justice clerk, or any of the lords commissioners of justiciary, or by any sheriff or steward depute or substitute, or justice of the peace of that part of the United Kingdom of Great Britain and Ireland called Scotland, for any crime or offence against the laws of that part of the United Kingdom, shall escape, go into, reside or be. or shall be supposed or suspected to be. in any county or place in England or in Ireland, it shall be lawful for any justice of the peace in and for the county or place into which such person shall escape or go, or where he shall reside or be, or shall be supposed or suspected to be, to indorse (K.) the said warrant in manner hereinbefore mentioned, and which said warrant so indorsed shall be a sufficient authority to the person or persons bringing the same, and to all persons to whom the same was originally directed, and also to all constables and other peace officers of the county or place where the justice so indorsing such warrant shall have jurisdiction to execute the said warrant in the county of place where it is so endorsed, by apprehending the person against whom such warrant shall have been granted, and to convey him into the county or place in Scotland next adjoining to that part of the United Kingdom called England, and carry him before the sheriff or steward depute or substitute, or one of the justices of the peace of such county or place, and which said sheriff, steward depute or substitute, or justice of the 332 The Indictable Offences Act, 1848. Sect, peace, is hereby authorized and required thereupon to proceed in such and the same manner, according to the rules and practice of the law of Scotland, as if the said offender had been apprehended within such county or place in Scotland last aforesaid. The S. ,1. (Process Act, 1881, ante, will not apply here, as it only applies to any process issued under the S. J. Acts. 16. Procedure/or obtaining attendance of luitnesses. — If it shall be made to appear to any justice of the peace by the oath or affirmation of any credible person, that any person within the jurisdiction of such justice is likely to give material evidence for the prosecution, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused, such justice may and is hereby required to issue his summons (L.) to such person under his hand and seal requiring him to be and appear at a time and place mentioned in such summons, before the said justice, or before such other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place as shall then be there, to testify what he shall know concerning the charge made against such accused party : and if any person so summoned shall neglect or refuse to appeal 1 at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath or affirmation of such summons having been served upon such person, either personally or by leaving the same fur him with some person at his last or most usual place of abode), it, shall be lawful for the justice or justices before whom such person should have appeared to issue a warrant (L. 2) under his or their hands and seals to bring and have such person at a time and place to be therein mentioned before the justice who issued the said sum- mons, or before such other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place as shall then lie there, to testify as aforesaid, and which 11 .(' 12 Vict. c. 42, s. 16. 333 said warrant may, if necessary, be 1 tacked as hereinbefore is s ^ t - * " ... lo. mentioned, in order to its being executed out of the jurisdiction - — of the justice who shall have issued the same ; or if such justice shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence without being compelled so to do, then, instead of issuing such summons, it shall lie lawful for him to issue his warrant (L. 3) in the first instance, and which, if necessary, may be backed as aforesaid ; and if on the appearance of such person so sum- moned before the said last-mentioned justice or justices, either in obedience to the said summons or upon being brought before him or them by virtue of the said warrant, such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take oath or affirmation, or, having taken such oath or affirmation, shall refuse to answer such questions concerning the premises as shall then be put to him, without offering any just excuse for such refusal, any justice of the peace then present, and having there jurisdiction, may by warrant (L. 4) under his hand and seal commit the person so refusing to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place where such person so refusing shall then be, there to remain and be imprisoned for a term not exceeding seven days, unless he shall in the meantime consent to be examined and to answer concern ing the premises. Summoning witnesses. This section provides for four possible circumstances: Summons (L. 1), for compelling by summons the attendance of an unwilling witness. Warrant (L. 2), for the appre- hension of such witness, if he do not obey the summons. Warrant (L. 3), for the bringing of such witness before the justices to lie examined on a warrant in the first instance without a previous summons. "Warrant (L. 4). for the commitment oi a witness who refuses to be examined or to be sworn without offering any just excuse. Be Hadland, 1 Dowl. -x.s.) 835. If a warrant be issued (L. '1 and L. 3), the witness may be taken under it out of the jurisdiction of the justices, on its being backed in the same manner as an ordinary warrant to apprehend. See sections 11-15. (L. 4) applies to a witness who attends upon a summons or a warrant; but apparently make- no provision tor the possible case 384 The Indictable Offences Act, 1848. Note nf a witness who i- present without cither a summons or a warrant. to It would seem, however, that the justices havepower in such a case Sect. j,, commit on a refusal t<> give evidence <>r to be sworn. As t<> a 16- witness refusing to enter into a recognizance to attend at the trial ami give evidence, Bee section 20, post. Service of summons. A summons for the attendance of a witness is served personally, or. it that cannot be effected, by being left with some person, as his wife or servant, or other adult member of his family, at his last known place of abode; and a witness cannot refuse to attend on being summoned or subpoenaed until his expenses are paid. Rexv. James, 1 I '. & P. 322. As to service of summons and meaning of " last place of abode," &c, see note to section 1 of 11 & 12 Vict. c. -1:5, ante. The provisions of the S. J. Act. 1879, -. '■'><> [ante), empowering ;i court <>f summary jurisdiction to enforce the attendance of wit- nesses out of the jurisdiction of such court, applies to a magisterial inquiry as to an indictable offence. Seethe definition of " court of summaryjuiisdiction"inthe Interpretation Act. 1889, s. 13 (11), post. This section of the S. J. Act. 1879, does not provide for enforcing attendance of witnesses for the defendant, hut the 4th section of 30 A: 31 Vict. c. :3">, post (Appendix), enacts that all the provisions of that Act as to enforcing the attendance of witnesses, Ac. shall lie read as part of 30 A :;i Vict, c :5.">. which in section :) deals with tin.' witnesses for accused persons. How when witness is in gaol. By section it of the Criminal Procedure Act, 1N.V5 (16 A 17 Vict. c. 30), any judge of the Queen's l'ench, Common Pleas, or Exchequer, upon application by affidavit, may issue a warrant or order for bringing up any prisoner confined in any gaol or under any sentence, or under commitment for trial or otherwise (except under process in any civil action, suit, or pro- ceeding), before any court of justice, to he examined as a witness in any cause or matter, civil or criminal, and by the Prison Act. 1 898 HI & 62 Vict, c.41), s. 11, post, a Secretary of State may order a prisoner to be taken to any place required in the interest of justice. By rule [2-17] of the Crown Office Rules, 1886, it is provided that an application to bring up a prisoner to give evidence on any cause or matter, civil or criminal, before any court, justice, &c, may he made to a judge on affidavit for an order. Forms [1S2, 183, and 184] apply to thisprocess. Swearing witnesses. A witness cannot he sworn unless lie have a religious belief, and no one can give e\ idence without being sworn unless he belongs to one of the classes fur whom special pro- vision is made by the legislature. Madeny. Catanach, 7. fur. Ill) : 3 I.. T. 288; 7 II. A N. 360; :;i L. .1. Ex. lis; 10 W. Et. 112. See remarks as to the duty of the judge before permitting a witness to affirm in Reg.v. Moore, 61 L. J. M.C. 80; 56 J. P. 34 3, • tuft , ]>. 88. See also as to oaths, Ac. of witnesses, note to section 13 of ] i A 12 Vict. c. 43 } ante, and 31 A .VJ Vict. c. -10. -et out in note \,, section 1 7. post. 11 ,c 12 Vict. c. 42, g. 17. 381 17. As to the examination of witnesses before justices — Reading Se ^- of depositions of dead or absent ivitnesses at the trial. — lu all cases — " where any person shall appear or be brought before any justice or justices of the peace charged with any indictable offence, whether committed in England or Wales, or upon the high seas, or on land beyond the sea, or whether such person appear voluntarily upon summons or have been apprehended, with or without warrant, or be in custody for the same or any other offence, such justice or justices, before he or they shall commit such accused person to prison for trial, or before he or they shall admit him to bail, shall in the presence of such accused person, who shall be at liberty to put questions to any witness produced against him, take the statement (M.) on oath or affirmation of those who shall know the facts and circum- stances of the case, and shall put the same into writing, and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall be signed also by the justice or justices taking the same : and the justice or justices before whom any such witness shall appear to be examined as aforesaid shall, before such witness is examined, administer to such witness the usual oath or affir- mation, which such justice or justices shall have full power and authority to do : and if upon the trial of the person so accused as first aforesaid, it shall be proved, by the oath or affirmation of any credible witness, that any person whose depositions shall have been taken as aforesaid is dead, or so ill as not to be able to travel, and if also it be proved that such deposition was taken in the presence of the person so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness, then, if such deposition pur- port to be signed by the justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign the same. 380 The Indictable Offences Act, 184s. Note Examination of witnesses, howtaken. -TJnderthis section the to mode of proceeding in the examination of witnesses is the same, in all Sect, indictable offences, whether they be treason, felony, or misdemeanors, "■ and wherever they may be committed, whether in England, on the high seas, or beyond the seas. The examination must be taken in the presence of the prisoner after the witnesses have been sworn or have made an affirmation,— be reduced into writing, and read over to the witness, and be signed by him and also by the justice before win mi they were taken; and no question or answer can be inserted on the depositions unless it be asked and the answer given in the presence of the prisoner. Depositions. The following very pertinent remarks in reference to the case of Reg. v. Watts, infra, are taken from .'!!) L. T. 173:- - ••There is no duty devolving upon justices of greater practical importance than that of seeing- that the depositions of the witnesses, upon whose evidence they commit a party to trial, are carefully, impartially, and formally taken. By a neglect of this duty the cruellest injustice may be done, and the innocent may be involved in the punishment due alone to the guilty. Those who are at all familiar with the practice of the criminal law are aware that the depositions taken by the committing justice may, in the event of the subsequent deatli or absence through illness of the witnesses, be read upon the trial as evidence against the prisoner, and that here, even in a capital case, an accused may be convicted entirely upon the proof contained in the depositions alone." An observation interposed by the prisoner should lie taken dow q on the deposition, as it is afterwards admissible in evidence. A*, v. Moore, 20 L. T. 987. And so in a charge of felony, everything material which happens during the inquiry should he taken down. //. v. Waller, 2 < '. & K. 223. It would be always desirable when a person of weak intellect is examined before a magistrate in a case of felony, that the magis- trate's clerk should take down in the depositions the questions put by the magistrate and the answers given by the witness, as to the witness's capacity to take an oath. Reg. v. Painter, 2 Car. & K. :;i!i; 2 Cox ('. C. 244, per Wilde, C.J. See also Reg. v. Johnson, 2 < ar. & K. 355. A- to the procedure to determine an imbecile w itness's competency to give evidence, see R. \. Hill. 2 lien. 254; 20 L. .1. M. ( '. 222\ ") ('ox, 259; R. v. O'Brien, 1 Cox, 185; Ruston's Case, 1 Leach. KIN. Caption. — The title or caption <>f a witness's deposition taken before a committing magistrate need state no mole than that it is the deposition of that particular witness, and that the examination had reference to the particular charge upon which the defendant was hein- tried. R. r. Langridge, T. & M. 146; 1 Den. C. C. 148 ; 3 Cox C. C. 465; :; New Sess. Cas. 645; 2 ('. .V K. 975; is I.. ,1. M. C. !!»s; 13 Jur. 545; and A'. \. Newton, 1 F. & V. (ill. If there is a caption at the head of the hod\ of depositions taken in the case that is sufficient. A'. \. ■/<>/<>, son, •_' ('. iV. K. 355. In felony the 11 which was the signature of the Sect. committing magistrate, and each witness signed his own deposition. *■'• This form was held t(» be correct. R. v. Young, '■'> I '. & K. 106. Signature of depositions by magistrate. -It is the magis- trate's duty, when the deposition lias been made and signed by the witness, to put his signature to it. and to do so as each deposition is made. Per Lord Iienmax. C.J., in Ex parte Joshua Fletcher, 13 L. J. M. C. 70; 1 New Sess. Cases, 10; 1 D. & L. 996; 8 Jur. 269; 8 J. P. 854 : ■> Q. B. 555; D. *S: M. 486; and it is sufficient if the signature of the committing magistrate be attached to the conclusion of the depositions of the several witnesses in the form in Schedule M. of 11 & 12 Vict. c. VI. and his signature need not he 1 to the depositions of each witness separately. Beg. v. Wm. Parker, 21 L. T. 724 ; 39 L. J. M. C. 60; 18 W. R. 353; 39 J. P. 14N; 11 Cox ( '. C. -47s. He. however, must sign the deposi- tion of a witness at the foot of such deposition. Reg. v. Richards, 4 F. & F. 860; 5 Q. B. 926; D. & M. 777 : 13 L. J. M. C. 147 ; 8 Jur. 752 : 1 New Sess. < las. 182. How depositions should be taken. — The prisoner has a light to compare the written depositions with the verbal statements of the witnesses; and, therefore, in Reg. v. Christopher ,19 L. J. M. I '. 103; 14 J. P. 83; 1 Den. 536, in which, the prisoner being charged with felony before a magistrate, minutes of the examination and of the examination of the witnesses were taken in writing under the inspection of the magistrate, — these minutes were taken to the magistrate's office to a clerk, who proceeded to draw up the deposi- tions, — the witnesses attended at the office, and the clerk, in order to make the depositions complete, put questions to the witnesses and inserted their answers in the depositions, neither the magistrate nor the prisoner being present, — the depositions haying hen bo written out the witnesses again appeared before the magistrate, and in the presence of the prisoner were re-sworn, and the deposi- tion- were read o\ er to them, and a full opportunity was given for examination before the depositions were signed by the witnesses, — it was held that the conn-el for the prisoner was entitled, without putting in the depositions, to a.-k a witness whether he had made a certain statement to the clerk in answer to a question put by the latter in the course oi writing the depositions, although, according to the evidence, tlie answer would ha\e appeared on the depositions. So a deposition of a witness taken in the following manner, upon the committal of a prisoner for trial, was held irregular and inad- missible in evidence at the trial. A note of the evidence before the committing magistrate, consisting of the witnesses' names and the heads of what each could prove, was taken in open court. Then the prisoner and the w itnesses were taken into a room, and another clerk examined the witnesses Erom the note in the absence of the magistrate, and then wrote down the answers, and the witnesses then signed the paper, and the prisoner was not asked if he would S.J. A. Z 338 The Indictable Offences Act, 1848. Note then cross-examine the witnesses, but lie did cross-examine them by to his attorney in court. The prisoner and witnesses were then again Sect, taken into court before the magistrate, and the depositions read '*'• over to them ; the magistrate then asked the prisoner in the usual way what he had to say, and signed the depositions. Reg. v. Watts 9 L. T. 4,33 ; 33 L. J. M. C. 63 ; 27 J. P. 821. So, also. Caudle v. Seymour, 1 Q. B. 889; 10 L. J. Q. B. 243. And in •• Stone's Justices' Manual" (31st ed.),p. 10, by Mr. Kennett, a case before Hawkins. J., at Winchester Assizes, April, 1885, is cited, where depositions so taken were not received in evidence and the prisoner was discharged. The costs of the prosecution were disallowed, and the magistrate and his clerk severely censured. Bui in R. v. Bate8,2 F. & F. 317, a deposition of a deceased witness, partly taken from the examination of the witness in the defendant's presence on a previous day and not then read over, but read over on a subsequent examination of the witness in the defen- dant's presence, tlie witness then being cross-examined by the prisoner ; and the notes of the magistrate's clerk of the whole being then taken into an adjoining room and. alter being there fairly copied, were read over to the witness in the prisoner's presence before signing. Such a course was held to be regular and the deposition admissible. As to the use of a " Typewriter" for taking depositions, see the interesting correspondence at 55 J. P. 44.">. The advantages of typewritten depositions are no doubt great, but unless taken direct with the machines in open court, in the presence of tin 1 prisoner, it is doubtful if they would be admissible. No typewriting machine is noiseless, and the constant stoppage required to shift the paper would not probably conduce to a satisfactory mode of taking depositions. It is always advisable to read over the deposition to the witness, and get him to sign itassoon as it has been taken. At some courts it is the practice to defer reading over the deposition until the adjournment day or the case has been fully completed, but this course i^ inexpedient, for if any witness whose evidence has been taken were to die in the interim his evidence could not be read at the trial, as it does not become a complete deposition till the pro- vision,- of this section have been complied with. In A'.'- parte Joshua Fletcher, 13 L. .). M. < '. 70; 8 J. P. 854; 1 New Sess. Cases, 40; 1 I>. & L. 996; it was held that it is the duty of the magistrate to complete and sign the depositions as soon as they are taken. Cross-examination by accused. — And when a magistrate, after a witness had given evidence in chief, and had been cross- examined, proceeded to put further questions, the answers to which were taken down upon the depositions, such portion of the deposi- tions as related to the magistrate's questions was objected to at the trial, as the prisoner had had no opportunity of (aross-exaniining to the facts they elicited, and was held by Hawkixs, ,)., to be inad- missible. //. \ . Preatridge, 72 Law Times newspaper, MM. 11 ,( 12 Vict. c. 42, s. 17. :-'•> Opportunity of cross-examination assumed till contrary Note proved. ---Ami in /«'. v. Peacock, 12 Cos C. C. 12, evidence was to received showing that the prisoner had nol had full opportunity of s ^ct. ra-oss-examining, although, in the ahsence of such evidence, the ^_ law will assume that he had lull opportunity. Proceedings in English, accused a foreigner. — In R. v. Jones, 40 J. P. 728, W wisty. J., admitted a deposition under this Bection, although it appeared that the proceedings had been con- ducted throughout in the English language, ami that both the prisoner and the deceased spoke English imperfectly. Reading depositions before grand jury. — The word "trial." a- used in the sentence, " if upon the trial of the person so accused." coupled with the word "prosecution" in the latter part of the sentence, shows that it was intended that the depositions might be read a- evidence before the grand jury ; ami. therefore, the deposi- tions of a witness who is too ill to travel to attend at the trial of a prisoner may he read as evidence before the -rand jury, as well as before the petit jury, byvirtueof this section. Reg. v. Clements, •_'(i L. J. M.'< '. 193; 15 J. 1*. 338 : 2 Den. C. C. 251 ; T. & M. .379; :> Cox »'.('. "'!'l ; l."> Jur. 407. In R. v. Gerrans, :!4 I.. T. 140 ; 13 < 'ox C. C. 138, a witness was unable to attend the trial through illness, ami J >exmax, J., allowed his deposition to he preferred before the -rami jury without any preliminary proof of such illness, and that the deposition was regularly taken. To the same effect is R. v. Ballard, 12 Cox < '. C. 353. But in /.'. v. Wilson, 12 Cox •'.('. 622, L.TJ8H, J., allowed the -rand jury to see the deposition after he was satisfied by evidence as to illness of witness and regularity of deposition. And to the same effeel is /,'. \. Beaver, 10 Cox C. C. "274, where it was held that, before the depositions of a witness who is too ill to travel can be given in evidence before the grand jury, the judge who presides must, by evidence in the presen< I the accused, satisfy himself of the existence of the facts which, under section 17 of 11 & 12 Vict. c. 42, make such depositions evidence. Reading depositions before petty jury. — If the deposition of a witness on a charge for an indictable offence has been regularly taken before a magistrate, and at the time of trial the witness is dead, or SO ill as not to be able to travel, the deposition may he read as e\ id. me against the prisoner. So, also, if it he proved that the witness is kept away by the prisoner's procurement. Such deposi- tion, however, is not admissible on the -round merely that the prosecutor, after using every possible endeavour, cannot find the witness. Again, if procurementof the absence he shown, and there are several prisoners, the deposition is evidence against those only who are proved to have procured the absence, Reg. v. Scaif, Smith, and Rooke, 17 A. & B. 238 : 20 L. .1. M. C. 220; 2 Den. C. C. 281 ; 1.3 J. 1'. 581 ; /.'. v. Guttridge, C. & I*. 471. The unsworn statement of a child taken under section 4 of the Criminal Law Amendment Act. 1885, is not a " deposition" 5 within z 2 340 The Indictable Offences Act, 1848. Kote the meaning of this section, and cannot be read at the trial in the to event of such child being too ill to travel. R. v. Pruntey, l(i Cox Sec }- C. 0. 344. Admissibility of depositions in evidence. — This section merely specifies two cases in which the depositions may be admitted in evidence without the attendance of the witnesses ; and the case of a witness abroad is not one of those cases. There- fore, a deposition taken before a magistrate on a charge of felony against a prisoner cannot be read in evidence against him oil his trial merely because the witness is absent and resident in a foreign country. Reg. v. Austin, 25 L. J. M. C. -IN; 20 J. P. 54; 1 Dears. & Beil. C. C. G12 ; 7 Cox 55 ; 2 Jnr. 95. But, per Cole- ridge, J., the statute is not to be taken as limiting the admissi- bility of depositions to the cases mentioned in it, for it merely specifies two cases. There may be many other cases, e.g., as in the case of R. v. Scaif, or insanity of witness, not occasioned by injuries from which he will recover. /,'. v. Marshall, C. & M. 147. See also the remarks of the same learned judge in that case at i>. 230 of 20 L. J. M. C. May be read on subsequent charge. —The deposition of a witness taken on one charge may be used in an indictment for another, provided that the issue is substantially the same, so that the defendant's cross-examination before the magistrate is equally directed to meet either charge. Thus in Reg. v. Beeston, 24 L.' J. M. ('. 5; is Jur. 1058; Dears, C. < '. 405, where the prisoner was charged before a magistrate with wounding A. with intent, &c., and A.'s deposition was taken; A. afterwards died of the wound, and the prisoner was indicted for his murder, when it was held that on the trial for the murder, the deposition of A. might be read in evidence, as, although it was not on the same technical charge, it was taken in the same case, and the prisoner had had a full opportunity of cross-examination. See /,'. v. Coote, post, ]>. 351, Bankruptcy Act. 1883. — By section l;i<> of the Bankruptcy Act, Inn;; (46 & 17 Vict. c. 52), the depositions of the debtor and his wife or any witness taken in proceedings under that Act, are, in case of death, to be admitted as evidence of the matters therein deposed to. Where a prisoner is charged before a magistrate with obtaining money by falsi' pretences, and is afterwards indicted for uttering a forged promissory note, the charges arising out of one and the same transaction, and being, in fact, identical, and the prisoner having had the opportunity of cross-examination before the magis- trate, the deposition of a witness, taken at such a hearing, and who was afterwards unlit to travel to give evidence, was held admissible, and might he read at the trial for uttering the forged promissory note. Reg. \. Jenkin Williams, 12 Cox C. C. 101. And in /."/,•/( v. Simpson, ~> M. & W. 309; 7 Dow. I'. C.513; •*> din-. 654, it was held that the rule that the written deposition taken under the Criminal Law Act. L826 7 Geo. 4, c. 64), s. '->, which 11 «( 12 Viet. c. 42, *. 17. 341 Bection is repealed, was the evidence of what was stated by a witness Note before a magistrate on a charge of misdemeanor, was not limited to to the particular charge with the view to which such deposition was Sect - taken, but extended to all subsequent proceedings, civil as well as "• criminal. The judicial discretion which a magistrate has to exer- cise "ii cases brought before him must be based on the evidence taken before him, and it is not competent for him to act upon evidence taken before another magistrate. In r< G-uerin, -'i7 \V. R. 269 : 53 J. P. 408 ; 16 I !os I '. C. 596 : 58 1.. J. M. < '. 42. Absence from illness when deposition read. — As to the deposition of an absent witness who is ill. see Reg. v. Mark Coekburn, 3 Jur. 447; 26 L. J. M. C. 136; 21 J.' P. 358; 1 Dears. & Bell C. C. 203; 7 < 'ox C. C. 265. In that case it was held that the deposition of a witness who ha- an attack of paralysis, and i- unable td hear or speak, or ,_ r i\e evidence, might be received, though it would not endanger his life to travel or to be brought into the court. But in a case reserved it was held that the deposition of a witness ought not to have been received under 11 & 12 Vict. c. 42. s. 17. under the following state of circumstances :— The deposition, pro- perly taken before the committing magistrate, with full opportunity of cross-examination by the accused, was allowed to be read at the trial under the following circumstances in the absence of the witness, who was alive. It was proved by a medical man that the witness was seventy-four years of age, and that he thought that she would faint at the idea of coming into court, and that seeing so many lace- would be dangerous to her. and that she was so nervous that it might be dangerous to her to be examined at all. but that he thought she could go to London to Bee a doctor without difficulty or danger. Reg. v. Farrell, 30 L. T. 404; 38 J. P. 390; L. 11.2 C. C. II. 116; 12 Cos C. C. 605; 43 L. J. M. C. 94. But see R. v. Thompson, 13 < 'ox C. I '. 181. A witness, who had been examined before the justices, came up five miles from the country and gave her evidence before the grand jury. She went hack at night and returned in the morning for two day.-, during which she was waiting for the trial to come on. At the trial, on the third day. it was proved that she had been attacked that morning with a bowel complaint, and that when the police left her residence on that day she was unable to travel : Held, that her deposition was not admissible. Reg. v. Harris, 4 Cox C. C. 440. A witness, who had been examined before the justice-, was proved at the trial to have been in bed the night before with a cold and inflammation, and that on a person calling at his house that morning he had been told that he was very had;— //-A/, that the deposition could not be received. Reg. v. Ulmer and Hooper, 4 Cox C. C. 442. A w itness, who had been examined before the justices, was proved at the trial to have been delivered of a child a week before that day, and that -he wa- unable to travel: -Held, that under section 17, her depositions might be received. Reg. v. Harvey, 4 Cox C. C. 141. 342 The Indictable Offences Act, 1848. Note Where it was proved, but Dot by a medical man. that a witness to was daily expecting her confinement, that she was poorly otherwise, Sect ;im i tj ul ^ ghg was> therefore, too ill to travel from her residence to "• the place of trial, a distance of twenty-five miles, and her deposi- tion was admitted in evidence under 11 i.v 1 12 Vict. c. 42. s. 17. it was held that it was for the presiding judge, in hi- discretion, to determine whether the evidence was sufficient to admit the deposition in evidence under the statute, and that in this case he had properly exercised such discretion. Reg. v. Stei"enson, - Jur. 522. A police constable, whose deposition was tendered, was proved to have been seen by another constable ill in bed on the morning before, and on the morning of the trial. The witness did not know- how long he had been confined to his bed, or how long he had been off duty, hut a medical man. not present, had given a certificate as to his state of health: in the absence of the medical man. it was held that there was not sufficient proof, on oath, of the witness being "so ill as not to he aide to travel," to let in the deposition of the constable under 11 & 12 Vict. e. -12. >. IT. /.'"/. v. Welton, 27 J. P. 24. Pregnancy may create an w illness" within the meaning of 11 & 12 Vict. e. 42. -. 17. so a- to give the presiding judge dis tionary power to admit in evidence, upon a criminal trial, the deposition of a witness duly taken, who. owing to pregnancy, is proved to lie unable to travel. A'"/, v. Wellinys, 26 W. II. 592; :;s L. T. 652; L. E. :i Q. B. 1 >. 126; 47 I.. J. M. < '. 100; Reg. v Gooafellow, 14 ('. C. C. 326; /,'. v. Wilton, 1 Y. & F. 309; and /,'. v. Heeson, 14 Cox C. C. 40. h is not necessary that the witness should he absolutely unable to travel, it is sufficient if his attendance would jeopardise hi- life. R. v. Day, fi Cos I '. I'. 55 Depositions under Merchant Shipping Act, 1894. — By fcion 691 r of ">7 A 58 Vict. •■. 60 >hich Act consolidates the t-i pealed Merchant Shipping A.ct, 1854), it i- enacted that whenever in the course of any legal proceedings instituted in any part of Hei Majesty's dominions before any indue or magistrate, or before any person authorized by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject matter of the proceeding, then, upon dw proof, if the proceeding is instituted in the United Kingdom, that the witness cannot be found in that Kingdom . . . any deposition that the witness may have previously made en oath in relation to the -ami' subject-matter before any justice or magistrate in Her Mi je-tv '- dominion-, or any British consular officer elsewhere, Bhall he admissible in evidence, provided that : If the deposition was made in the United Kingdom, it -hall not lie admissible in any proceeding instituted in the 1'nite.l Kingdom, If the proceeding i- criminal, it -hall not he admissible unless it was made in the presence of the person accused. 17. 11 ,(• 12 Vict. c. 12, s. 17. 343 (2.) A deposition so made shall be authenticated by the signa- Note ture of the judge, magistrate, or consular officer before whom it is to made; and the judge, magistrate, or consular officer shall certify if Sect. tlw fact is xi. that the accused "was present at the taking thereof; (.'J.) it shall not lie necessary in any case t<> prove the signature or official character of the person appearing to have signed any such deposition : and in any criminal proceeding a certificate under this section shall, unless the contrary is proved, lie sufficienl evidence of the accused having been present in the manner therebv certified; (4.) nothing herein contained shall affeel any case in winch depositions taken in any proceeding are rendered admissible in e\ idence by any Act of Parliament, or by any Act or ordinance of the legislature of any colony, so far as regards t hat colony, or interfere with the power of any colonial legislature to make those depositions admissible in evidence, or to interfere with the practice of any court in which depositions not authenticated as hereinbefore mentioned are admis- sible. < >n this section see /,'. v. Anderson, 11 Cox ( '. I '. 154 : It. v. Conmivg, 11 Cox ( '. ( '. 134, and //. v. Stewart, 13 Cox I '. C. 12!»G. as to sufficiency of proof that the witness whose deposition was tendered was not in the United Kingdom. Taking depositions of person dangerously ill. — Now, by the ( 'riminal Law Amendment Act, 1867 (30 & 31 Vict. c. 35), S. (>, whenever it shall lie made to appear to the satisfaction of any justice of the peace that any person dangerously ill, and in the opinion of some registered medical practitioner not likely to recoverfrom such illness, is able and willing to give material information relating to any indictable offence, or relating to any person accused of any such offence, and it shall not be practicable for any justice or justices of tin' peace to take :ni examination or deposition in accordance with the provisions of the said Act of the person so being ill. it shall be lawful for the said justice to take in writing the statement on oath or affirmation of such person so being ill, and such justice shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of tin- persons if an\ present at the taking thereof , and if the same shall relate to any indictable offence fur which any accused person is already committed or hailed to appear for trial, shall transmit the same with the said addition to the proper officer of the court Eoi trial at which such accused person shall have been so committed or hailed; and in all other cases he shall transmit the same to the clerk of the peace of the county, division, city, or borough in which he shall have taken the same, who is hereby required to preserve the same, and file it of record; and if after- wards, upon the trial of any offender or offence to which the same may relate, the person who made tin 1 same statement shall he proved to he dead, or if it shall he proved that there is no reasonable probability thai such person will ever be aide to travel or to give evidence, it shall lie lawful to read such statement in evidence, either for or against the accused, without further proof thereof, 344 The Indictable Offences Act, 1848. Note if the same purports to be signed by the justice by or before to whom it purports to be taken, and provided it be proved to the Sect, satisfaction of the court that reasonable notice of the intention *•• to take such statement has been served upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and that such person, or his counsel or attorney, had or might have had, if he had chosen to be present, full opportunity of cross-examining the deceased person who made the same. In the case of R. \ . Shurmer, 55 L. T. 126 ; 55 L. J. M. C. 153 ; 50 J. P. 543; IT Q. 1!. D. 323; 16 Cox C. 0. 94, a prisoner was tried and convicted of rape upon his daughter Annie, who subse- quently to the commission of the offence and before the depositions were completed died. At the trial, before Hawkins, J., the prosecu- tion tendered as evidence against the prisoner a statement on oath of the girl purporting to be taken in accordance with the provisions of this statute. Objection to it was made on two grounds — (1) That there was no evidence that there was reasonable notice of the intention to take such statement served upon the prisoner; (2) That there was no proof that prisoner had full opportunity of cross-examination. Hawkins, J., admitted the evidence, and reserved the point for the Court of Crown Cases Reserved. The evidence of the requirements of the statute having been complied with was that of a police constable, who stated that he arrested the prisoner on 18th February, and on the 20th (the girl Annie being very ill in her father's (the prisoner's) house) took the prisoner from the police station to the house, and told him that he was brought there for the purpose of taking Annie's statement under the statute, to which the prisoner made no answer. He was then taken into the room, where we're the magistrate, bis clerk, and Annie. The girl was then duly sworn, and her statement taken down, read over, and signed. Nothing was said to the prisoner although he was present and heard all thai passed. At tlie trial the prisoner elected to give evidence on oath, and swore that he was not allowed by the magistrate to ask the girl any questions, but this part of bis evidence was disbelieved. The answer on the part of the Crown to the first objection was that, as the prisoner was in custody, no notice was necessary, as the object of the Act was to provide for notice to a person noi in custody; but if such notice were necessary, the prisoner had it from the police constable. The Court of Crown Cases Reserved was of opinion that full opportunity of cross-examination was given to the prisoner on the authority of //. v. Peacock, ante, p. 339 ; but as to whether there was a compliance with the statute in respect of notice the court differed. Lord Coleridge, in giving the judgment of the majority, said, "In the ordinary sense of the words such a notice as the constable gave could not be served. In our judgment the statute requires written notice, and though the point is technical, yel it is important." l'.W. J., however, was of opinion that as the statute did not in terms require written notice, such a notice was not 11 ,i 12 Vict. c. 42, 8. 17. 345 required, and "a notice might be served orally, by word of mouth." Note The conviction was therefore set aside. to In 11. v. flees and Wilson, reported in the Times newspaper, 20th Sect. December, 1888, it was decided by Charles, J., that a deposition W« of a dying person, taken not in accordance with 30 ft 31 Vict. c. ."35, though in accordance with 11 & 12 Vict. c. 4'J. s. 17, Ind not l>y the committing magistrate, was not admissible. Provision for the prisoner being present at taking of statement. -By section 7 of the same Act, whenever a prisoner in actual custody shall have served or shall have received notice of an intention to take such statement as hereinbefore mentioned, the judge or justice of the peace by whom the prisoner was committed, or the visiting justices of the prison in which he is confined, may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the said notice for the purpose of being present at the taking of the statement; and such gaoler shall convey the prisoner accordingly, and the expenses of such conveyance shall be paid out of the funds applic- able to the other expenses of the prison from which the prisoner shall have been conveyed. Proviso. — The proviso to the Criminal Law Amendent Act, 1867 [30 ft 31 Vict. c. 35, s. 6), overrides the whole section, and the statement cannot be read in evidence without proof of notice having been given to the accused before it is taken; and the statute has no operation in the case of a deposition taken while the accused person is keeping out of the way. as the notice i- required to be given to the accused before the taking of the statement and not simply befnre reading it. Reg. v. Thomas Quigley, 18 L. T. 218. Although a statement under the provisions of this statute is not admissible for want of a compliance with its requirements, yet the circumstances under which it was taken may render it admissible as a dying declaration. Dying declarations. -The deceased at the time of making the declaration must have no hope of recovery, and the declaration will be inadmissible at the trial if the words "at present" be introduced, a- they would be a qualification of the previous statement that the deceased had no hope of recovery. Reg. v. Jenkins, 20 L. T. 372: 38 I.. J. M. C. 82. The declaration must be made, and it is a preliminary part to be proved by the party tendering it in evidence that it was made, under a sense of impending death. I!, v. Forrester, 10 Cox C. < '. 368; 4 F. & P. 857. The declarant must have an unqualified belief in the nearnt as of death to make the statement admissible. Reg. v. Gloster, 10 Cox C.C. 471. There are numerous cases reported on this subject, but as each case must depend on its own peculiar circumstances, it will be unnecessary to refer to them at length. They are collected in :; Buss, on Crime, 354 ; see also A'"/, v. Whitmarsh, <>2 J. 1'. 711 ; see also Stephen's Dig. " Law of Evidence" (4th ed.). Under the prevention of < !ruelty 34f> The Indictable Offences Act, 1848. Note to < JhildrenAct, 1894 [57&58Vict. c.41, s. 13), power is given to take to the deposition of a child where a justice is satisfied by the evidence s ^ct. f a registered medical practitioner that the attendance before a court of any child in respect of whom an offence of cruelty as therein defined is alleged to have been committed would involve serious danger to its life or health. Sec also section 11 of the same Act. Competence of witnesses. -With regard to the examination of parties to any proceeding before the justices, it is enacted by the Evidence Act. 1851 (14 & 15 Vict. c. 99), s. 2, that, "on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence, the parties thereto, and the person in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to i^ive evidence, either viva voce or by deposition, according- to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding. But section 3) nothing herein contained shall render any person who in any criminal pro- ceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall renderany person compellable to answer any question tending to criminate himself or herself, or shall in any criminal proceedings render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband." As to admissibility of a husband's or wife's evidence against a wife or husband, see The Criminal Evidence Act, 1898, post. "When affirmation may be made instead of oath. — The < laths Act. L888 (51 & 52 Vict. c. 46), enacts as follows:— 1. Every person upon objecting to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purposes where an oath is or shall be required by law, which affirmation shall he of the same force and effect as if he had taken the oath: and if any person making such affirmation shall wilfully, falsely, and corruptly affirm any matter or thing^which, if deposed on oath, would have amounted to wilful and corrupt perjury, he shall he liable to prosecution, indictment, sentence, ami punishment in all respects as it' he had committed wilful ami corrupt perjury. 2. Every such affirmation shall he as follows: Form of affirmation. " 1. A. 1!.. do solemnly, sincerely, and truly declare and affirm," and then proceed with the word.- of tie- oath prescribed by law, omitting any words of imprecation or calling to witness. 3. Validity of oath not affected by absence of religious 11 ,c 12 Vict. c. \-l. s. L7. B47 belief. — Where an oath has been duly administered and taken, t: 1 1* - Note fact that the person to whom the same was administered had. at to the time of taking such oath, no religious belief shall not for any Se ct. purpose affect the validity of such oath. *■*■ 4. Form of affirmation in writing. — Every affirmation in writing shall commence " I. . of . do solemnly and sincerely affirm," and the form in lieu of jurat shall be " Affirmed at . this da\ of . 18 . Before me." 5. Swearing with uplifted hand.- -If any person to whom an oath is administered desires to -wear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question. It is for the judge to satisfy himself when a witness asks to make an affirmation that he comes within the condition.- stated in this act as to religious belief. /.'. \. .1/""/'. 56 J. 1'. 345; . If not. is he possessed of sufficient intelligence to justify the reception of the >\ idence under this section !- 4. If so, doe- he understand the duty of speaking the truth ? The Prosecution of Offences Act, 1879 42 & 43 Vict. c. 22 , -. 5, post, provides for the delivery of depositions, &c, to the director of public prosecutions in cases in which he has undertaken oris carrj Lng On any criminal prosecution. Right of attorney for accused to cross-examine. — In /.'. v. Griffiths, 54 L. T. 280, a case tried at the Beaumaris Winter Assize, 1886, Pollock, r>.. said, " I am clearly of opinion that not only under the Summary Jurisdiction Act, but also by the common law. prisoners at the preliminary inquiry have a right to 348 The Indictable Offences Act, 1848. Note ho represented by counsel or solicitor, and that such counsel or to solicitor have an absolute right to cross-examine the witnesses for the Sect, prosecution. It would be most unfortunate if magistrates, possessed *'• a discretion to prohibit cross-examination, since the exercise of that discretion would prevent the depositions of a witness from being used at the trial under any circumstances, and would tend to impair that appearance of perfect fairness which is the first essential of proceedings in a criminal court." In the case referred to justices bad refused to allow cross- examination by the solicitor for the defendant of the prosecutor's witnesses, believing that they possessed a discretionary power in the matter. Section 7 of the 8. J. Act, 1884, ante (and see note thereon), provides that a justice acting under any Act of Parliament, or by virtue of his commission, or by the common law, shall be included in the expression "court of summary jurisdiction ;" and see note to section H>, post, 18. Statement of accused — Caution — Admissions, dr., of accused made at other time.'] — After the examination of all the witnesses on the part of the prosecution as aforesaid shall have been completed, the justice of the peace or one of the justices by or before whom such examination shall have been so completed as aforesaid shall, without requiring the attend- ance of the witnesses, read or cause to be read to the accused the depositions taken against him and shall say to him these words, or words to the like effect : " Having heard the evidence, do you irish to say anything in answer to the charge ? you are not obliged to say anything unless you desire to do so, but what- ever you siii/ will be taken down in writing, and may be given in evidence against you upon your triai;" and whatever the prisoner shall then say in answer thereto shall be taken down in writing (N.), and read over to him, and shall be signed by the said justice or justices, and kept with the deposition of the witnesses, and shall be transmitted with them as hereinafter mentioned: and afterwards upon the trial of the said accused person the same may. if necessary, be e'iven in evidence against him without further proof thereof, unless it shall be proved that the just ice or justices purporting bo sign the same did not in feet BigD the same: Provided always, that the said justice or justices before such accused person shall make any statement 11 .(• 12 Vict. c. 42, *. 18. 349 shall state to him, and give him clearly to understand, that he Sect has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall then say may be given in evidence against him upon his trial notwithstanding such promise or threat : Provided nevertheless, that nothing herein enacted or contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the person accused or charged, made at any time, which by law would be admissible as evidence against such person. Prisoner's statement. — It was always previous to this statute the custom to make a statement t<> the prisoner to the effect of the first clause of tins section before asking him if he wished to gay anything in answer to tin- charge against him; but it was never before made the subject of legislative enactment. The last proviso to the section, however, seems to override the whole section, and to render admissible in evidence against a prisoner any statement made by him either before a magistrate or on any other occasion, which. independently of the statute, would by law lie admissible a- evidence against him. Reg. v. Sansome, 19 J.. J. M. I '. 143; 14 J. 1'. UT-J : 1 Den. C. <'. 645; 4 New Sess. Cas. 152; T. & M. 260; ■> C. & K. ••i-iL' ; 4 Cox «'. <'. 203; 14 Jur. 4t>(j. In all cases where the prisoner's statement appears to have been taken down by the magistrate after the caution has been given, and in the manner directed by the statute, and there is no evidence that any threat or promise has been held out to induce a confession from the prisoner. the depositions may without further proof be read in evidence against the prisoner, although the magistrate did not comply with the direction in the first proviso, and give the prisoner to understand before be made his statement that lie had no hope from any promise of favour, <>„„, 4 Car. & 1'. "j4:; : Reg. v. J'-irmtt. -i Car. & 1'. 570; A'/-/. \. Mills, ') Car. & P. 146. It has been held in Reg. \. Sansome, supra, that a statement made by the prisoner, amounting to a confession, after the ordinary caution mentioned in the first part of this section had been given to him, could be received in evidence against him because the latter caution was not a condition precedent to the 1* 350 The Indictable Offences Act, 1848. Note admissibility of a confession before the committing magistrate, and to was necessary only where there Lad been a previous threat or Sect, promise. If given il lias the effect of rendering the confession l®- admissible in evidence, notwithstanding such previous threat or promise ; and if not given the ease remains as at common law. and the confession is admissible in evidence unless the person were influenced by some previous threat or promise. So also in Reg. v. Bond, 19 L. J. M. C. 138 ; 1 Den. 517 ; 3 C. & K. 3o7 ; 4 Cox231 ; 14 Jut. 399, where, alter taking the examinations of the witnesses on a charge of felony, the magistrate cautioned the prisoner in the Language prescribed by this section, but did not, as the proviso requires, tell him that he had nothing to hope from any promise of favour or to fear from any threat. The prisoner then made a state- ment, which was taken down, but was not signed by him or by the magistrate. On his being again brought before the magistrate after a remand some questions were put to the witnesses by his attorney, who then objected to the statement being treated as the prisoner's statement, as an addition had been made to the evidence, and the prisoner being then asked if he wished to make any state- ment declined doing so : it was held that the prisoner's statement was admissible in evidence against him at the trial. A confession made by a prisoner immediately after the prosecutor had, in a police inspector's presence, said to him, "The inspector tells me you are making housebreaking implements; if that is so, you had better tell the truth — it may be better for you," was held to be inadmissible. /,'. v. Fennell, 7 Q,. B. D. 1-17; 50 L. J. M. C. 126; 44 L. T. 687 ; l m ) W. l;. 742 ; 45 J. P. 666 ; 14 Cox ( !. C. 407. in B. v. Jones, 49 J. 1'. 728, it was held by MaMTSTY, J. that a confession made by the prisoner at his uncle's request in the hearing and by the advice of a police serjeant is not admissible. The two prisoners II. and ( '. were taken into the prosecutor's (their master's) room, and in the presence of two policemen the prosecutor said, " I presume you know who these two gentlemen are:" II. said "Yes." The prosecutor then said, " I know what has been going on between you and ( '. for some time; you had better speak the truth." II. then made a confession : Held, inadmissible. //. v. Hatts, 49 L. T. 780; 48 .J. P. 248. So also in Reg. v. Baldry, 21 L. J. M. 0. L30; 16 J. P. 276; K> Jur. 599; 19 L. T. (o.s.) 146; 2 Den. C. C. 430, in which a policeman who bad a prisoner in custody said to him, "You need not say anything to criminate yourself ; what yon do say will be taken down, and used as evidence against you.'' This was held 7iot to amount to a promise or threat so as to render a subsequent confession inadmissible. See also Reg. v. Hannah Moore, 21 L. J. M. C. 199 ; 16 J. P. 744, in which a maid servanl made a confession On the inducement of her mistress, and it was received ; n e\ idence against her, because the offence charged (child murder) was not in any way connected with the management of the house, and the mistress could not be considered as a person baving authority over the prosecution. In Reg. v. Jane Sleema/n, 23 L, .1. M. * '. 19; 17 J. I'. 77U; 6 Cox 245, the same principle was upheld. Whether 11 <( 12 Vict. c. 42, 8. 18. 351 an exhortation to tell the truth is a mere exhortation to confess, is Note :i question for the judge al the trial: perERLE, J., in Reg. v. Garner, to 18 L. J. M. C. 1 ; 12 J. P. 758 ; 1 Den. 329 ; 12 Jur. 944; 3 Cox Sect. IT.",. 18- The prosecution must pro> e affirmati> ely thai a prisoner's confes- sion was free and voluntary, and was preceded by oo inducement to make a statement held out by a person in authority. Reg. v. Thompson, L. R. 1893 2 Q. B. 12. This section does not render inadmissible in evidence on the trial i statement voluntarily made by the prisoner before a magistrate when brought up on application for a remand. Reg v. Stripp, 25 L. J. M. C. 109; 1 Dear. C. C. 648 ; 20 J. P. 279 ; 2 Jur. 452. The caution and warning prescribed by the statute are intended to apply to the final proceeding only, when, after all the witnesses have been examined, the prisom r is asked \\ bether he bas anything to say in answer to the charge, and the statute does not exclude any declaration or voluntary statement made by the person accused before, during, or after the inquiry. Caution to prisoner. — With reference to the caution to be given to the accused, the following may be noticed: C. was examined on oath a< a witness before commissioners having jurisdiction to inquire into the origin of tires, there being no charge against any individual, and no caution was given to the witness. C. signed his depositions, and he was afterwards charged with arson. On appeal to the Judicial < 'on unit tee of the Privy Council from a judgment of the Queen's Bench of Quebec, Canada, it was held that the deposi- tions of ( '. were admissible in evidence against C. on the trial, and that the caution required to be given to accused persons by 11 & 12 Vict. c. 42, s. 18, doe- not apply to witnesses who are asked ques- tions tending to criminate them. Reg. v. Coote, '■'>' J. P. 7<>s ; -12 L. J. M. C. 45; 21 W. 11. 553; 29 L.T. Ill; 4 L. R. C. P. 599; 9 Moore P. ( '. ( '. 463. And the reason for so ruling is thus given "The depositions on oath of a witness Legally taken are evidence against him should he be subsequently tried on a criminal charge, except so much of them as consists of answers tending to criminate him, and to which he has objected as tending to criminate him, hut which he has been improperly compelled to answer. The exception depends on the maxim, Nemo tenetur seipsum accusare, hut does not apply to answers given without objection, which are to be deemed voluntary." Procedure under this section. — With reference to section 18 and the preceding section, the following opinion, w bich is understood to have been given on a case submitted by the Leeds justices to the then attorney-general, Sir A. E. Coi Ki:ri:\. and cited in J. P. 463, may he referred to : — "1. The language of section 17 admits of the construction, and the interests of justice require, thai magistrates should hear and examine such of the witnesses offered by a prisoner as appear (in the language of the statute) to know the tacts and circumstances of the ease. 352 The Indictable Offences Act, 1848. Note '• 2. The time for calling on the prisoner to make his statement is t0 when the examination of the witnesses for the prosecution is corn- Sect, pleted, and this will in general be the most rational and convenient time for taking the examinations of the prisoner's witnesses, which ought to be taken viva voce and reduced to writing, and signed and certified in the same way as examinations taken on the part of the prosecution. " .'}. The examination of the prisoner's witnesses should be transmitted to the sessions or assizes, with the examinations of witnesses fur the prosecution. "4. It is not the duty of the magistrates to bind over the prisoner's witnesses, with the exception of any who, though adduced for the prisoner, appear to be material for the prosecution. "5. It is incumbent on the prosecutor to have in readiness at the trial all who have been bound over as witnesses for the prosecution. " (i. The costs of the prisoner's witnesses (i.e., those of them not bound over for the prosecution) cannot be included in the examining magistrate's certificate of expenses." Accused person to be asked by justice if he desire to call witnesses, and their depositions to be taken and returned to court of trial if accused person call any. — Now, by the Criminal Law Amendment Act, Inijt (30 & 31 Vict. c. 35), s. :'>. the justice or justices, before he or they shall commit the accused person for trial or admit him to bail, shall, immediately after obeying the directions of the 18th section of 11 & 12 Vict. c. 42, demand and require of the accused person whether he desires to call any witness; and if the accused person shall in answer to such demand, call or desire to call any witness or witnesses, such justice or justices shall, in the presence of such accused person, take the statement on oath or affirmation, both examination and cross- examination of those who shall be so called as witnesses by such accused person, and who shall know anything relating to the facts and circumstances of the case or anything tending to prove the innocence of such accused person, and shall put the same into writing; and such depositions of such witnesses shall be read over to and signed respectively by the witnesses who shall have been bo examined, and shall be Signed also by the justice Or justices taking the same, and transmitted in due course of law with the depositions. and such witnesses not being witnesses merely to the character of the accused, as shall in the opinion of the justice or justices give evidence in any way material to the case, or tending to prove the innocence of the accused person, shall be bound by recognizance to appear and give evidence at the said trial; and afterwards, upon the trial of such accused person, all the laws now in force relating to the depositions of witnesses for the prosecution shall extend and he applicable to the depositions of witness hereby directed to be taken. The Criminal Evidence Act, 1898 (<;i & 62 Vict. c. 36, s. 1, clause A), provides that "nothing in this Act shall affect the 11 a- 12 Vict. c. 42, s. 18. :j."»:i provisions of section 18 of the Indictable < ►ffences Act. Wis, or any Note right of the person charged to make a statement without being to sworn." If the accused person applies to be called as a witness, Sect, his evidence Bhould be taken like that of an ordinary witness M- for the defence] after be has been asked it' he desires to call any w itnesses. Court will not interfere with the conduct of case before justices Questions for justices in committing for trial — What evidence for defendant to be taken, and effect and object of provisions of 30 & 31 Vict. c. 35, s. 3. — In /,'. v. Garden, 5 Q. B. D. 1: 49 L. J. M. C. 1 ; 41 L. T. 504; 2s W. R. L33; 14 Cox, 359; 44 J. P. 119, an applica- tion for a mandamus to a justice to hear certain evidence upon an information for libel laid before him under section 5 of 7:i. Calling witnesses for defendant before justices. — The following as to the propriety of calling witnesses for the defence before the magistrate may be usually referred to ; In a case tried before Mr. Justice IIawkx at the Hampshire Assizes, it was soughl to prove an alibi, and it appearing that the witnesses called for the purpose had not been examined before the magistrate, the learned judge remarked : " In SUCh Cases it was a gTieVOUS mistake that these witnesses were not called before the magistrates; and the 11 ,<■ 12 Vict. c. 42, 8. 19. 355 Sect. 18. attorney engaged in the defence acted very wrongly in not calling Note them, as ft left the evidence open to grave suspicion." Vide Law ^° Times, 12th March, 1870, p. 367. Newspaper Libel Act, 1881. -Under 44 & 45 Vict. c. 60, s. 4. in ;i prosecution for libel in a newspaper against the proprietor, publisher, &c, a court nf s ummar y jurisdiction has power to receive evidence as to the truth of the matter charged in the libel, as to the report being fair and accurate, and published without malice, anil as to any matter which under that Act or any other Act or otherwise might be given in evidence by way of defence by the person charged on his trial on indictment, and the court if of opinion that there is a strong or probable presumption that the jury on the trial would acquit the person charged, may dismiss the case. This section ■ a the decision in R. v. Garden, 5 Q. 1'-. D.l; l!» L. J. M. < '• 1 ; !1 L. T. 504; 28 W. R. 133; 14 Cox C. C. 359; 44 J. 1*. 119; and /.'. v. Flowers, 44 J. 1'. :iT7. But in a prosecution against the proprietor of a newspaper tor a seditious libel, evidence of the truth of the matters therein alleged, and that such publication \\ 'he public benefit, was held to have been rightly rejected by the magistrates. ExparU O'Brien, 15 Cox, 180; 12 L. II. Er. 29. The tilth section of the above Act provides for a summary con- viction for libel published in a newspaper if the court of summary jurisdiction deem- the libel to be trivial in character, Ltivin.u' the accused, however, the option of being tried by a jury under section 27 of the s. J. Act. 1n7!». ante. Debtors Act, 1869. — l'.y :Y1 & 33 Vict. c. 62, s. 18, it is pro- vided that the justices before whom a person is charged with a misdemeanor under the second part of that Act shall take into consideration any evidence adduced before them tending to show that the Act charged was not committed with a guilty intent. 19. . ''examination not to be deemed an open court."] — And be it declared and enacted, that the room or building in which such justice or justices shall take such examinations and statement as aforesaid shall not he deemed an "pen court for that purpose : and it shall be lawful for such justice or justices, in his or their discretion, to order that no person shall have access to or be or remain in such room or building without the consent or permission of such justice or justices, if it appear to him or them that the ends of justice will be the best answered by so doing. Open Court. The law officers of the Crown on December 1st, 1884, advised thai justices acting in relation to indictable offences are a court of summary jurisdiction within the repealed section 7 of the S. J. Act, 1884, anti [in place u f which section now see s< A A 2 19. 356 The Indictable Offences Act, 1848. Note 13, sub-s. 11 of the Interpretation Act, 1889, post), and therefore to must sit in open court, as defined by section 12 of the Act of 1848, Sect, ante, and section 20 of 1'2 & 43 Met. c. 49, s. 20 ante ; seethe notes to those sections, and note to section 7 of the S. J. Act, 1884, ante. See also note to section 'Jo of S. J. Act, 1879, ante, p. 1.14, and Home Secretary's letter there referred to, and an article at 60 J. P. 131. A justice of the peace acting under this statute does not act as a court of justice to determine the guilt or innocence of a defendant, but as an officer deputed by the law to enter upon a preliminary inquiry whether the defendant ought to be committed for trial or not. Therefore a prisoner when examined before a magistrate on a charge of felony was not entitled as of right to have a person skilled in the law present as an advocate. It was in the discretion of the magistrates in each particular ease whether they would admit or exclude an advocate for the accused. ( 'ox v. ' 'oleridge, 2 I >. & lb 86 : 1 B. & C. 37; Rex \. Borrow, 3 1!. & A. 432 ; Rex v. Stafford- shire J J., 1 Chit. 218; Collier v. Hicks, 2 15. & Ad. 663. But see now the case of //. v. Griffiths, ~>4 L. T. 280, and Baron Pollock's opinion therein as to this. 20. Binding over prosecutors and witnesses to appear at trial.'] — It shall be lawful for the justice or justices before whom any such witness shall be examined as aforesaid to bind by recognizance (0. 1) the prosecutor and every such witness to appear at the next court of oyer and terminer or gaol delivery, or superior court of a county palatine, or court of genera] or quarter sessions of the peace, at which the accused is to be tried, theu and there to prosecute, or to prosecute and give evidence, or to give evidence, as the case may be, against the party accused, which said recognizance shall particularly specify the profession, art, mystery, or trade, of every such person entering into or acknowledging the same, together with his Christian and surname, and the parish, township, or place of his residence, and if his residence be in a city, town or borough, the recognizance shall also particularly specify the name of the street, and the number (if any) of the house in which he resides, and whether he is owner or tenant thereof or a lodger therein : and the said recognizance being duly acknowledged by the person so entering into the same, shall lie subscribed by the justice or justices before whom the same -hall be acknowledged, and a notice (0. 2) thereof signed by 11 ,(■ 12 Vkt. c. 42, s. 20. 357 the said justice or justices shall at the same time be given to the person bound thereby; and the several recognizances bo taken, together with the written information (if any), the depositions, the statement of the accused, and the recognizances of bail (if anyi.in every such case, shall lie delivered by the said justice or justices, or he or they shall cause the same to be delivered to the proper officer of the court in which the trial is to be had, before or at the opening of the said court on the first day of the sitting thereof, or at such other time as the judge, recorder, or justice who is to preside in such court at the said trial shall order and appoint : Provided always, that if any such witness shall refuse to enter into or acknowledge such recognizance as aforesaid it shall be lawful for such justice or justices of the peace by his or their warrant (P. 1) to commit him to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place in which the accused party is to be tried, there to be imprisoned and Bafely kept until after the trial of such accused party, unless in the meantime such witness shall duly enter into such recognizance as aforesaid before some one justice of the peace for the county, riding, division, liberty, city, borough, or place in which such gaol or house of correction shall be situate: Provided, never- theless, that if afterwards, from want of sufficient evidence in that behalf or other cause, the justice or justices before whom such accused party shall have been brought shall not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for such justice or justices, or any other justice or justices of the same county, riding, division, liberty, city, borough, or place, by his or their order (P. 2) in that behalf, to order and direct the keeper of such common gaol or house of correction where such witness shall be so in custody to discharge him from the same, and such keeper shall thereupon forthwith discharge him accordingly. Petty sessional division. — The jurisdiction of justices to bind prosecutors by recognizance and conn ii it prisoners tor trial, is not affected by the tact that the crime charged was perpetrated in a Sect. 20. 20. 358 The Indictable Offences Act, 1848. Note petty sessional district of tin 1 county different from the district to for which, the committing justices act. //. v. Beckley,16 Cox C. C. Sect. 33i. Recognizance. — The prosecutor and witnesses are to be hound by recognizance which may be taken out of court (see section 4li of the S. J. Act, 1879, ante), to appear at the next court of oyer and terminer or gaol delivery, or superior court of a county palatine, or court of general or quarter sessions of the peace at which the accused is to be tried, then and there to prosecute, &c. In pre- paring the recognizance, the court at which the prisoner is to be tried must therefore be borne in mind, and the recognizance filled up in accordance therewith. Assizes Relief Act, 1889.- Where a person is committed to gaol or bailed under sections '2-2 or 25 of this Act charged with an indictable offence triable at quarter sessions, the person.- hound over to prosecute and give evidence shall be hound over to appear at quarter sessions, unless the committing justices for special reasons think tit otherwise to direct. Assizes belief Act, 1889, s. 1. See Appendix, post. Jurisdiction of sessions as to trials for offences.— By the Quarter Sessions Act, 1842 (5 iV f> Vict. c. 38), s. 1, the sessions have no jurisdiction to try for any of the offences undermentioned, namely: — Abduction of women or girls; bigamy, and offences against the law relating to marriage; blasphemy, and offences against religion ; bribery; concealing or endeavouring to conceal the birth of a child; conspiracy or combination— except con- spiracies or combinations to commit an offence of which the sessions have jurisdiction, when committed by one person; deeds, &c, stealing or fraudulently taking or injuring or destroying any document or written instrument, being or containing evidence of the title to any real estate, or any interest in lands, tenements, or hereditaments ; felony, punishable with death; felony, which (when committed by a person not previously convicted of felony) is punishable with transportation tor life; fire, setting, to crops of corn, grain or pulse, or to any pari of a wood, coppice or planta- tion of trees, or to any heath, gorze, furze, or Eem ; composing, printing, or publishing libel, blasphemous, seditious, or defamatory; misprision of treason ; murder: oaths, unlawful, administering or taking; parliament, offences against either house of ; perjury and subornation of perjury; also making or suborning any other person to make a false oath, affirmation or declaration, punishable as perjury or a misdemeanor : praemunire, offences subject to the penalty of; Queen's title, prerogative, person or government, offences against : stealing or fraudulently taking or injuring or destroying records or documents belonging to any court of law or equity or relating to any proceeding therein: treason: wills or testamentary papers, stealing, or fraudulently destroying or concealing. With regard to the right of the person appearing en the recog- nizance to prosecute, OOLERIDGE, C.J., said in /,'. v. Ituslull, .")2 11 do 12 Vict. r. 42, 8. 20. 359 Sect. 20. J. P. 136, where there is a private prosecutor instructing a solicitor Note to conduct his case the magistrate's clerk has no right t<> take to upon himself to bind over another person to prosecute and then himself give the brief for the prosecution. The prosecution must be conducted by counsel instructed on behalf of the private prosecutor. Indictments found at sessions triable at assizes. — It may be mentioned that although the sessions have do power to try the above mentioned offences, yet it' a person be committed to and a bill be found by mistake at the sessions, it may be transmitted by the justices to the assizes and there tried : and in the case of ft. \ . IVrigley, cited arguendo in //. \. Dean, 2 Jur. 149, Coltman, J., held on motion to arrest judgment on ground of mis- take that prisoner might be so tried on a bill found at sessions for an offence mentioned in the above section of the Quarter Sessions Act, 1* VI [5 & i) Viet. c. 38). But exceptions to tin- are the crimes of forgery, perjury, and the misdemeanors under the Night Poach- ing Act, 1828 9 Geo. 4. c. 69, s. 9), which were never triable at quarter sessions, and when true bills for forgery were found at sessions and transmitted to assizes, the judge ordered them to be quashed and fresh bills prepared and presented to the grand jury at the assizes, ft. v. Rigby, 8 C. & P. 770; ft. v. Ramsden, 8 J. P. 4-3 ; ft. v. Haynes, R. ,v M. 298. Additions to statute. — To the above statute several additions have been made — 1. The offence of three or more entering land armed for taking game is excluded from trial at sessions by 9 Geo. 4, c. 69, s. 9. •J. By section 87 of the Larceny Act, 1861 [24 & ■!■> Viet. c. 9G). m> misdemeanor against any of the last preceding sections shall be tried at quarter sessions. The offences dealt with in those sections are: — (l) Agents, bankers, &c, embezzling money or selling securities intrusted to them with written directions, or chattels or valuable securities intrusted to them for safe keeping or a special purpose. (2) Banker-. &c., fraudulently selling, &c, property intrusted to them for safe custody. [3) Persons under powers of attorney fraudulently selling property. (4) Factors or agents obtaining advances on their principal's property. (5) Trustees fraudulently disposing of property. (6) Directors of any body corporate or public company fraudulently appropriating property. (7 Directors, &c, keeping fraudulent accounts. (8' Fraudu- lently destroying books. \)\ l'ubli>hin i ir fraudulent statements. 3. The False Personation Act. 1874 [37 & 38 Vict. c. 36), excludes offences against it from trial at quarter sessions. 4. The Corrupt and Illegal Practices Act. 1883, s. '<■'• (46 ^ 17 Vict. c. 51 , provides that no indictment for bribery or undue influence shall be triable :it quarter sessions. •"<. So also the Municipal Elections Act. 1884 [47 & 48 Vict. c. To, SS. 30, 35 and 36.) ffences against the Person Act, 1861 (24 & 25 Vict, c. 100. ss. 11 and 15). and is triable at quarter sessions, //.v. Jinn/ess, 32 L. J. M. C. 55 ; 7 L. T. 472 ; 9 Cox C. C. 247 ; 11 W. R. 96 : 27 J. P. oo ; 9 Jur. 28 ; I,. & ('. 258. Distinction between sections 16 and 20 as to refusal of witness.— Section 16 of 11 and 12 Vict. c. 42. relates to a witness refusing to be sworn or to give evidence before the justice-. ; section 20, to his refusal to be bound over to give evidence at the trial; and the distinction in the two sections should be carefully borne in mind. As regards the expenses on charges of felony and misdemeanor before examining magistrates, see 29 & 30 Vict, c 52. post. Transmissions of depositions and recognizances. — With regard to the forwarding of depositions to the clerk of the peace, see the two letters from the Home ( ttlieo hereunder : — Depositions. Home Office. Whitehall, 29th December, 1886. A. 44206. Sir.— I am directed by the Secretary of State to inform you that his attention ha- recently been specially called to the tact that it is the practice of some justices' clerks, in case- where the prisoners have been committed for trial at the assizes or quarter sessions, to retain the depositions taken before the magistrates until a very late period, in many instances even until tic first day of the assizes or sessions, and that this practice frequently interferes with the proceedings of tic court and causes great public incon- venience, and sometimes involves the risk of serious miscarriage of justice ; and 1 am to request that you will in future he careful, in cases dealt with by your bench of magistrates, to see that the depositions are forwarded to the clerk of assize, or the clerk of the peace, as soon as practiedbh afterth prisoner has Imn committed for friu/. 1 am. &C, < iiilil'KKY LrsillNd ]',i\. The Clerk to the Justio of the Pettv Sessional Division of 1_ 11 t ( 12 Vict. c. 42, s. 20. 361 I >eposition8. Note Home Office, Whitehall. Se c t . 12th May, 1891. 20. A. 52705. Sir. 1 am directed by the Secretary of Stat.' to inform you that complaints have been mad.' to him by Her Majesty's judges that the depositions which are delivered to the clerks of assize in con- nexion with indictable cases, are too often taken down in writing which cannot be read without constant effort and annoyance, and great loss of \ aluable time. Another matter which has excited comment on the part of the judges, is til icasional failure to -end with the depositions, when lodged with the clerks of assize, the original exhibits (or copies of them), without which the depositions themselves are frequently unintelligible. Mr. Secretary Matthew- desires me, therefore, to request that in future special pains may be taken : — (1.) To record the statements of witnesses in all cases in plain and easily legible writing ; and (2.) To deliver such depositions in indictable cases together with the respective exhibits (if any] to the clerk of assize, clerk of the peace, or proper officer of the curt before which the trial of the person to whose case the depositions refer is to be had. in as complete a form as possible, and in such time as to enable the judge, recorder, chairman of quarter sessions, or other presiding justice to read and master their contents, if he wishes to do so, before he charges the grand jury. I am, &c, Godfrey LrsmxGTOx. The < lerk to the Justices for the Petty Sessional Division of . The Prosecution of Offences Act, 1879 (42 & 4:) Vict. c. 22), b. 5, post, provides for the delivery of recognizances, depositions, &c, to the director of public prosecutions in cases in which he has instituted, or undertaken, or is carrying on any criminal prosecution. As to the recognizance to prosecute in such cases, see section 7 of the same Act. Jurisdiction of Central Criminal Court. — The Central Criminal Couri Act, 1834 I & 5 Will. -f. c. 36), which established the Central i lourt, previously enacted section 17), thai the justices of the peace acting in and for the cities of London and Westminster, the Liberty of the Tower of London, the borough of Southwark, and the counties of Middlesex, Essex, Kent, and Surrey, -hall not at their respective general or quarter sessions of the peace, or^ at any adjournment thereof, try any person or persons charged with any capital offence or with any of the following off ences committed or ^(12 The Indictable Offences Act, 1848. Note alleged to be committed within the limits of this Act : — Abduction ; to abortion, — administering drugs or other things, or doing anything, Sect, with intent to cause or procure : assault with intent to commit a * u - felony; bankrupts not surrendering it concealing their effects; breaking of buildings within the curtilage <>f a dwelling-house , breaking down bridges, or banks of rivers; breaking of shops, warehouses, or counting-houses ; capital offences : cattle stealing; cattle wounding; coin, offences relating to, in 'J4 & '2o Vict. c. 99 (The Coinage Offences Act, 1S61); conspiracy; embezzlement; forgery, and the uttering of forged instruments, and the other offences enumerated in the Forgery Act li 4 & 25 Vict. c. 98); horse stealing; house breaking; larceny, above 57. in a dwelling-house; larceny of goods in the progress of manufacture; larceny of goods on navigable rivers or canals; larceny by clerks and servants; larceny after a previous conviction: manslaughter; manufacture, goods in progress of , stealing or destroying; perjury; personating any officer, seaman, or other person, in order to receive any wages, pay, allowance, or prize money due or supposed to he due; personating any out-pensioner of Greenwich Hospital, in order to> receive any out-pension allowance due or supposed to he due; poison, administering or attempting to administer, with intent ti- ki!!, or to do some grievous bodily harm; receiver- of stolen goods; rewards, taking, for helping to stolen goods; sheep stealing ; sheep, killing, with intent to steal the carcases; ships or vessels, destroying or damaging; threatening letters, sending and using threats to extort money ; accessories before or after the fact to any of these offences. This section is now repeahdhj 1-1 & 15 Vict. c. ■'>'>, s. 13 [post, in Appendix), provided that such repeal shall not give justices in quarter sessions power to try any offences which they art- restrained from trying by the Quarter Session- Act. Is4 - J (5 & <>■ Vict. 38), ante, p. 358. 21. Remand ami laih~] — If in in the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall he lawful to and for the justice or justices before whom the accused shall appear or be brought, by his or their warrant (Q. 1) from time to time to remand the party accused for such time as by such justice or justices in their discretion shall be deemed reasonable, not exceeding eight clear days, to the common gaol or house of correction, or other prison, lock-up house, or place of security in the county, riding, division, liberty, city, borough, or place for which such justice or justices shall then he acting; or if the remand he tor a time not exceeding three clear days, it 11 <(' 12 Vict, c. 42, 8. 21. 363 shall be lawful for such justice or justices verbally to order the Secu • •unstable or other person in whose custody such party accused — 1 may then be, or any other constable or person to be named by the said justice or justices in that behalf, to continue or keep Buch party accused in his custody and to bring him before the Bame or such other justice or justices as shall be there acting at the time appointed for continuing such examination : Pro- vided always, that any such justice or justices may order such accused party to be brought before him or them, or before any other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, at any time before the expiration of the time. for which such accused party shall be so remanded, and the gaoler or officer in whose custody he shall then be shall duly obey such order : Provided also, that instead of detaining the accused party in custody during the period for which he shall be so remanded, any one justice of the peace before whom such accused party Bhall so appear or be brought as aforesaid may discharge him, upon his entering into a recognizance (Q. 2, 3), with or without a surety or sureties, at the discretion of such justice, conditioned for his appearance at the time and place appointed for the continu- ance of such examination ; and if such accused party shall not afterwards appear at the time and place mentioned in such recognizance, then the said justice or any other justice of the peace who may then and there be present, upon certifying (Q. 4) on the back of the recognizance the non-appearance of Buch accused party, may transmit such recognizance to the clerk of the peace of the county, riding, division, liberty, city, borough, or place within which such recognizances shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient prima facie evidence of such non-appearance of the said accused party. Remand of accused. — Under this section the justices may. in their discretion, remand the accused for any period qoI exceeding eight days, and ai the expiration of thai tune may again remand him, and so on from time to time as long a- :i remand may be 21. 364 The Indictable Offences Act, 1848. Note considered necessary. Or, instead of detaining the accused in to custody, the justice may discharge him upon a recognizance, with Sect. or without sureties, conditioned to appear at an appointed time and place for the continuance of the examination. The accused, on being remanded, may be taken to the common gaol or house of correction, or other prison, lock-up house, or place of security in the county, &c, for which the justice shall he acting, as may be thought convenient; or, if the remand he for a period not exceeding three days, the ace used may he directed to be detained in the custody of a constable to be named by the justice or justices in that behalf. The Home Secretary's opinion as to further remanding a prisoner too ill to attend before justices is set out at .3!) J. P. 682. Remand on bail. — There is some difference of opinion as to whether if the defendant is admitted to bail and finds bail, he cannot be remanded for more than eight days. In the police courts of the metropolis and the city of Louden cases are frequently adjourned for a longer period than eight days if the defendant be on bail (sec correspondence on this subject in o3 J. P. 830, and 54 J. P. 29). Reformatory Schools Act.— For powers to remand for more than seven days under the Reformatory Schools Act, 1893 (56 & ■>', Vict. c. 48), see note to section 11 of the S. J. Act, is?!), ante. Surrender of principal. — With regard to the power of the sureties to surrender their principal, see note to section 9 of the S. J. .vet, 1ST!*, ante. Director of public prosecutions. — The Prosecution of Offences Act. 1ST!) (42 & 4',i Vict. c. 22), section 5, post, provides for the delivery of certificates, &c, to the director of public prosecutions in cases in which he has undertaken, or is carrying on, any criminal prosecution. It seems from 44 J. P. 801, that the Home Office authorities have expressed an opinion that the power of a justice of the peace to remand without evidence given by the 21st section of 11 «S: 12 Vict. c. 42, is not affected by the S. J Act, 1879. Recognizance. — Since the passing of the S. J. Act, L884, section 7. now repealed but practically re-enacted by the Inter- pretation Act, 1889, section 13, sub-sect. 11, post, recognizances under this section may be taken in accordance with section 42 of the S. J. Act, 1879, ante. Bail before or after committal.- A distinction appears to be drawn as to the rights of an accused person to bail iii cases oi misdemeanor before and after committal for trial. The generally received impression appears to be that the right of bail in mis- demeanor does not arise until committal for trial. The law upon this subject requires elucidation, see note to section 23, infra. Married women. There seems no reason why the recognizance of a married woman should not be taken since the .Married Women's Property Act, 1884 (45 A: 46 Vict. c. 75), where she has separate property. 11 & 12 Vht. c. 42, a. 22. 365 22. Examination m one county where offence committed in s ect- another.']— Whenever any person shall appear or shall be — '. brought before a justice or justices of the peace in the county, riding, division, liberty, city, borough, or place wherein such justice or justices shall have jurisdiction, charged with an offence alleged to have been committed by him in any county or place within England or Wales wherein such justice in- justices shall not have jurisdiction, it shall be lawful for such justice or justices and he and they are hereby required to examine such witnesses, and receive such evidence in proof of such charge as shall be produced before him or them, within his oi' their jurisdiction ; and if in his or their opinion such testimony and evidence shall be sufficient proof of the charge made against such accused party, such justice or justices shall thereupon commit him to the common gaol or house of correc- tion for the county, riding, division, liberty, city, borough, or place where the offence is alleged to have been committed, or shall admit him to bail as hereinafter mentioned, and shall bind over the prosecutor (if he have appeared before him or them) and the witnesses by recognizances accordingly, as is hereinbefore mentioned ; but if such testimony and evidence shall not, in the opinion of such justice or justices, be sufficient to put the accused party upon his trial for the offence with which he is so charged, then such justice or justices shall bind over such witnesses as he shall have examined, by recognizance, to give evidence, as hereinbefore is mentioned, and such justice or justices shall, by warrant (11. 1), under his or their hand and seal or hands and seals, order such accused party to be taken before some justice or justices of the peace in and for the county, riding, division, liberty, city, borough, or place where and near unto the place where the offence is alleged to have been committed, and shall at the same time deliver the information and complaint, and also the depositions and recognizances so taken by him or them, to the constable who shall have the execution of such last-mentioned warrant, to be by him delivered to the justice or justices before whom he 366 The Indictable Offences Act, 1848. Sect ' shall take the accused in obedience to the said warrant, and 22 '. which said depositions and recognizances shall be deemed to be taken in the case, and shall be treated to all intents and purposes as if they had been taken by or before the said last- mentioned justice or justices, and shall, together with such depositions and recognizances, as such last-mentioned justice or justices shall take in the matter of such charge against the said accused party, be transmitted to the clerk of the court where the said accused party is to be tried, in the manner and at the time hereinbefore mentioned, if such accused party shall be committed for trial upon the said charge, or shall be admitted to bail ; and in case such accused party shall be taken before the justice or justices last aforesaid by virtue of the said last-mentioned warrant, the constable or other person or persons to whom the said warrant shall have been directed, and who shall have conveyed such accused party before such last-mentioned justice or justices, shall be entitled to be paid his costs and expenses of conveying the said accused party before the said justice or justices ; and upon the said constable or other person producing the said accused party before such justice or justices, and delivering him into the custody of such person as the said justice or justices shall direct or name in that behalf, and upon the said constable delivering to the said justice or justices the warrant, information (if any), depositions, and recognizances aforesaid, and proving by oath the hand- writing of the justice or justices who shall have subscribed the same, such justice or justices to whom the said accused party is so produced shall thereupon forthwith ascertain the sum which ought to be paid to such constable or other person for conveying such accused party and taking him before such justice or justices, as also his reasonable costs and expenses of returning, and thereupon such justice or justices shall make an order ( K. -j) upon the treasurer of the county, riding, division, or liberty, city, borough, or place, or if such city, borough, or place shall be contributory to the county rate of any county, riding, division, or liberty, then upon the treasurer 11 ,(■ 12 Vict. c. 42, 8. 'I'd. 367 of such county, riding, division, or liberty respecl Lvely to which s ^t it is contributory, for payment to such constable or other — '. person of the sum so ascertained to be payable to him in that behalf, and the Baid treasurer, upon such order being produced to him, shall pay the amount to the said constable or other person producing the same, or to any person who shall present the same to him for payment : Provided always, that if such last-mentioned justice or justices shall not thiuk the evidence against such accused party suilieient to put him upon his trial and shall discharge him without holding him to bail, every such recognizance so taken by the said first-mentioned justice or justices as aforesaid shall be null and void. For the statutory definition of " committed for trial" sec o'2 & 53 Vict. c. 63, s. 27, poet. Procedure on apprehension on backed warrant. — "When a prisoner is apprehended on a backed warrant [as to which see section 11 and note thereon), and taken before a justice of the county, &c, within which the warrant was backed, such justice, if tic evidence be sufficient proof of the charge, shall thereupon com- mit (T. 1} tlic prisoner to the common gaol, &c, of the county, &c., where the offence is alleged to have been committed, or may adroit him to bail, to await his trial. If. on the other hand, the evidence be not sufficient to prove the charge, the justice may land over the witnesses whom he may have examined, and order (li. 1) the accused to be taken before some justice or justices of the county, &c., where the offence was committed. Costs. — The costs of the constable in taking the prisoner before the justice of the county where the offence was committed is pro- vided for by the latter part of the section. As to the constable's costs iii ordinary cases, see section 25, post. The Prosecution of Offences Act, 1879 (42 & 43 Vict. c. 22), s. 5, post, provides for the delivery of depositions, &c, to the director < if public prosecutions in cases in which he has undertaken, or is carrying on, any criminal prosecution. 23. Powers of justices as to bail — No bail in cases of treason but by order of Secretary of State, which such sitting or session may be adjourned, for the justice or justices of the peace who shall have signed the warrant for his commitment, in his or their discretion, to admit such accused person to bail in manner aforesaid ; or if such committing justice or justices shall be of opinion that for any of the offences hereinbefore mentioned the said accused person ought to be admitted to bail, he or they shall in such cases, and in all other cases of misdemeanors, certify ( S. :!) on the back of the warrant of commitment his or their consent to such accused party being bailed, stating also the amount of bail which ought to be required, it shall be lawful for any justice of the peace, attending or being at the gaol or prison where such accused party shall be in custody, on production of such certificate, to admit such accused person 11 ,('■ 12 Vict. c. 42, 8. 28. 369 to bail in manner aforesaid : or if it shall be inconvenient fur Sect. the Burety or sureties in such a case to attend at such gaol or _1 prison to join with such accused person in the recognizance of bail, then such committing justice or justices may make a duplicate of such certificate (S. I) as aforesaid, and upon the same being produced to any justice of the peace for the same county, riding, division, liberty, city, borough, or place, it shall be lawful for such last-mentioned justice to take the recognizance of the surety or sureties in conformity with such certificate, and upon such recognizance being transmitted go the keeper of such gaol or prison, and produced, together with the certificate on the warrant of commitment as aforesaid to any justice of the peace attending or being at such gaol or prison, it shall be lawful for such last-mentioned justice there- upon to take the recognizance of such accused party, and to order him to be discharged out of custody as to that commit- ment, as hereinafter mentioned ; and where any person shall be charged before any justice of the peace with any indictable misdemeanor other than those hereinbefore mentioned, such justice, after taking the examinations in writing as aforesaid, instead of committing him to prison for such offence, shall admit him to bail in manner aforesaid, or if he have been committed to prison, and shall apply to any one of the visiting justices of such prison, or to any other justice of the peace for the same county, riding, division, liberty, city, borough, or place, before the first day of the sitting or session at which he is to be tried, or before the day to which such sitting or session may be adjourned, to be admitted to bail, such justice shall accordingly admit him to bail in manner aforesaid ; and in ah cases when; such accused person in custody shall lie admitted to bail by a justice of the peace other than the committing justice or justices as aforesaid, Mich justice of the peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of hail to the committing justice or justices, or one of them, to he by him or them transmitted, with the examinations, to the proper officer : Provided nevertheless, that S..T.A. i; j: 870 The Indictable Offences Act, 1848. Sect, no justice or justices of the peace shall admit any person to — ' bail for treason, nor shall such person be admitted to bail, except by order of one of Her Majesty's secretaries of state, or by Her Majesty's Court of Queen's Bench at "Westminster, or a judge thereof in vacation. By the Bail Act. 1898 (61 Vict. v. 7, s. 1), it i.s enacted " where a justice has power under section 2.'3 of the Indictable Offences Act. 1N4N, to admit to hail for appearance he may dispense with sureties if, in his opinion, the so dispensing will not tend to defeat the ends of justice." Bailable offences. — The statute enumerates the following offences in which justices may, in their discretion, take hail, namely: all felonies; assault with intent to commit a felony; attempt to commit a felony ; obtaining or attempting to obtain property by false pretences; misdemeanor in receivinn- property -t i ilen or obtained by false pretences; perjury or subornation of perjury; concealing the birth of a child by secret burying or other- wise ; wilful or indecent exposure of the person ; riot ; assault in pursuance of a conspiracy to raise wages ; assault upon a peace officer in the execution of his duty, or upon any person acting in his aid ; neglect or breach of duty as a peace officer ; any mis- demeanor for the prosecution of which the costs may be allowed out of the county rate. For all other offences, except treason, being indictable misdemeanors, the justices must accept bail, if sufficient sureties be tendered. Duty of justices as to bail. — If the justices refuse bail in any case where by law it ought to be taken, they are gudty of a mis- demeanor (2 Hawk. c. 15, s. 13) ; and they may also be punished if they admit to bail a person who is not bailable (2 Hawk. c. 15, s. 7), and may be fined for taking insufficient bail, if the accused do not surrender according to the condition of the recognizance. Id. s. 16. On the other hand excessive bail is against the policy of the law, and ought not to be taken. 1 Will. & M. sess. 2, c. 2 (The Bill of Rights). It was laid down by Blackstone in his " Commentaries" — " Where the imprisonment is only for safe custody before con- viction, and not for punishment afterwards, in such cases bail is ousted or taken away wherever the offence is of a very enormous nature ; for then the public is entitled to demand nothing less than the highest security that can be given viz., the body of the accused — in order to insure that justice shall be done upon him if guilty. Such persons, therefore, have no other sureties but the four walls of the prison." (Vol. 1, p. 298.) In The Queen v. Scaife, » Dowl. P. C. .'>:>;]; 5 Jur. 700, Mr Justice Ooi.KHlDGE said: "I conceive the principle on which parties are committed to prison before trial is to ensure the certainty of their appearing to take their trial. It seems to me that the same 11 a 12 Vict. c. 42, %. 28. 371 principle is to be adopted on an application for bailing a person Note committed to take his trial, and it is not a question as to the guilt to or innocence of the prisoner. It is on thai account alone that it sect. becomes a ary to Bee whether the offence is serious, whether *^ the evidence ia strong, and whether the punishment for the offence heavy." The principles of the law upon the subject were again very clearly Laid down by the same learned judge, in the rase of Ex parU Barronet, 22 L. J. M. C. 25; IT Jur. 184: Dears. 51; 1 E. & B. 1. A< , ording to the last-mentioned case, the court has a discretion i.. admit accused persons to bail in all eases; but in exercising that discretion the nature of the char-'-, the evidence by which it is supported, and the sentence which by law may be passed in the event of a conviction, are, in general, the most important ingredients for the guidance of the court; and where those are weighty, the court will not interfere. Ex parte Barronet, supra. A similar case to that last mentioned is R. v. Barthelemy, reported in the same volumes of reports. The test to govern the discretion of the court is the probability of the prisoner's appearing to take his trial, but in applying that test the court will not look at the character or behaviour of the prisoner at any particular time. //' re Robinson, -7 L. J. Q. B. 286. A magistrate has no right to reject bail on account of the character or political opinions of the bail, if he i- satisfied of their pecuniary sufficiency. R. v. Badger, 4 Q. B. 468; D. & M. 375; 1_! L. J. -M. C. 66 ; '7 Jur. 216. And in the same case it was held to be a clear principle of law that a person charged with a mis- demeanor is entitled to be bailed on producing sufficient securities. But see Lord Desman's judgment in Linford v. Fitzroy, r ].. :;::;. In a case where the solicitor of the accused had been admitted as his bail, tin- Queen's Bench Division, per the Lord Chief Justice, said: -'We think it right to express our sense, we will not say of tin- impropriety, but of the inexpediency, of such a course, and our opinion that it ought not to be repeated." A', v. Scott Jervis, reported in Times, November 20th, l^Tii. Bail by judges. -If the justices refuse to take bail, the prisoner may apply to tin- Court of Queen's Bench; and the judges there may, on a consideration of the case a- disclosed by the depositions taken before tin; justices, either award a habeas rnr/m* to bring him into court to be bailed [Rex v. Grieffeiiburyh, 4 Burr. 2179; Rex v. Homer, ('aid. :!!).>; Rex v. Marks, ■'> East, 157), or if the person be too poor to bear the expense of being brought up, they will -rant a rule to show cause why he should not be bailed by a justice in the county. flea v. Jones, 1 B. «.V A. 209; Rex v. Mnssey, 6M. & S. 108. It has been doubted whether this power of the Queen's Bench Division applies to persons under remand (//. v. Bennett, 34 J. P. B B 2 872 The Indictable Offences Act, 1848. Note 701 ; 49 Law 'Finns newspaper, 3S7, per Lush, J., and I!, v.' Atkins; to at p. 421, per Bkett, J.). In both the cases referred to the Sect, learned judges held that the Queen's Bench Division had such **• a power. But in a case where Mathew, J., had refused to hail a person on remand fur a misdemeanor, on appeal, the Court (Pollock, P., and LOPES, J.) held that such a defendant had not under 11 A: 12 Viet. c. 42, a right to bail till committal. Expartt Mullins, January 24, 1884. In the ease of B. x. Manning, ~> T. L. R. 139, the prisoner was remanded by a magistrate without bail. Application was thereupon made to the Queen's Bench Division for the prisoner to be admitted to bail. It was contended that the power of the magistrate was discretionary. The Court remitted the case to the magistrate with direction to admit to bail. By the common law a person is entitled to bail during term time if committed for trial upon a charge of misdemeanor, and by the Habeas Corpus Act, 1079 (31 Car. 2, c. 2), this right is extended to vacation. See Stephen's " Digest of the Law of Criminal Pro- cedure, " p. 88. Accordingly, this somewhat anomalous state of things results that the judges of the High Court have no discretion to refuse hail in such cases, although the committing justice acting under 11 & 12 Vict. c. 42, s. 23, has such discretion. See In the matter <kxmax, in delivering judgment, said : " Assuming that the plaintiff was entitled to he admitted to hail. what u;i> the nature of the magistrate's duty who was called upon SO to admit him ? ( 'learly tint duty was to a great extent judicial. namely, in respect of fixing the amount of hail, and of determining as to the ability of the persons tendered as hail, which two requisites make up the sufficiency. It is, howe\er, contended that if those two requisites exist the act of admitting to hail becomes merely ministerial. But upon the fullest consideration we are of opinion 11 «( 12 Vict. c. 42, s. 24. :573 tliat the duty of the magistrate in respect of admitting to bail Note cannot be thus split and divided; that it is essentially a judicial to duty involving inquiries on which discretion must be exercised, Sect and iii some cases of misdemeanor, discretion under circumstances 23. of much nicety; and that we cannot lay down a rule which is to depend upon the peculiar tacts in each case. The broad line of distinction is this, that unless the duty of the justice is simply and purely ministerial he cannot be made liable to an action for a mis- take in doing or omitting to do anything in execution of that duty, unless he can be fixed with malice, which in the present case has been negatived by the jury." Linford v. Fitzroy, 18 L. J. M. C. 108; 13 J. P. 119,474; 13 Jur. 303; 3 New Sess. Cas. 438 ; 13 Q. B. 240. Bail is taken by stating verbally to the accused and his sureties the substance of the recognizance, thus: You A. B. of , and you C. D. of , and you E. F. of , severally acknowledgi yourselves t" oivi to our Sovereign Lady tfu Queen the several sums following, that is to say, you the said A. ft. the sum of , &c. ; and the recognizance is then stated in the second person also. In suspicious cases twenty-four hours', andsometim.es forty-eight hours' notice of bail is usually required; when the bail appears, whether such notice has been given or not, the justice or prosecutor, or any professional person on his behalf, may examine them on oath as to their sufficiency. It is the duty of justices to ascertain the sufficiency of the bail who tender themselves on behalf of the accused, but they ought not in any way to interfere by dissuading them from becoming bound as bail. R. v. Saunders, 2 Cox C. C. 24!). It may be mentioned that a contract to indemnify bail in a criminal case is illegal and unenforceable, and the existence of such a contract, if discovered, would certainly be an element for a justice's consideration in determining the probability of a defen- dant's appearance at the trial. See a recent instance of such a contract in Herman v. Jeuchner, 15 Q. 15. I). 561; 54 L. J. Q. 15. 340; 53 L. T. 94 : 33 W. B. 606 ; 49 J. P. .302. Accomplices. -With respeci to accomplices, it is necessary to observe that it is the duty of a magistrate in all cases to commit an accomplice, and not to admit him to bail, notwithstanding that it may be intended to call him as a witness on the trial. See the remarks of Patteson, J., in Rex v. Beardmore, 7 Car. & P. 41>7. Since the passing of the S. J. Act, 1884, s. 7. recognizances under this section may be taken in accordance with section 42 of the S. J. Act, 1879, ante. The Prosecution of Offences Act, 1879 (42 & 43 Vict. c. 22), section ■'), post, provides for the delivery of certificates, &&, to the director of public prosecutions in cases in which he has instituted or undertaken, or is carrying on any criminal prosecution. 24. Warrant oj deliverance on 6a»7.] — Jn all cases where a justice or justices of the peace shall admit to bail any person 374 The Indictable Offences Act, 1848. Sect, who shall then be in any prison charged with the offence for 1 which he shall be so admitted to bail, such justice or justices shall send or cause to be lodged with the keeper of such prison a warrant of deliverance (S. ft) under his or their hand and seal, or hands and seals, requiring the said keeper to discharge the person so admitted to bail if he be detained for no other offence, and upon such warrant of deliverance being delivered to or lodged with such keeper he shall forthwith obey the same. 25. Discharge or commitment fur trial.'] — When all the evidence offered upon the part of the prosecution against the accused party shall have been heard, if the justice or justices of the peace then present shall be of opinion that it is not sufficient to put the accused party upon his trial for any indictable offence, such justice or justices shall forthwith order such accused party, if in custody, to be discharged as to the information then under inquiry ; but if, in the opinion of such justice or justices, such evidence is sufficient to put the accused party upon his trial for an indictable offence, or if the evidence given raise a strong or probable presumption of the guilt of such accused party, then such q'ustice or justices shall, by his or their warrant (T. 1), commit him to the common gaol or house of correction for the county, riding, division, liberty, city, borough, or place, to which by law he may now be committed, or, in the case of an indictable offence committed on the high seas, or on land beyond the seas, to the common gaol of the county, riding, division, liberty, city, borough, or place, within which such justice or justices shall have juris- diction, to be there safely kept until he shall be thence delivered by due course of law, or admit him to bail as " hereinbefore mentioned. Committal or discharge of accused. — The duty of a justice is in this respect similar to that of a j^rand jury; he is not to try the prisoner; lie is not to judge whether the evidence given is sufficient to convicl him, bul he is simply to ascertain whether the evidence given raises a strong or even a probable presumption againsl the prisoner, and if so he must commit or bail him. If he think that the evidence given does not raise that presumption, and there dues 11 .(■ 12 Viet. c. 42, s. 25. 375 not appear to bo any other material evidence to be brought forward Note against him, it will be the justice's duty to discharge him. The to discharge in this case is merely verbal. Sect. As to offence of newspaper libel, sec 44 & 4") Vict. c. 'J't, ss. 4 and 25- 5, noticed ante, p. 355, in regard to committing for trial. For procedure in indictable cases within the Vexatious Indictments Act, see thai Act in the Appendix, and cases there noted. See Cockbttbn, C.J.'s, judgment in /.'. v. Garden, ante, p. 353, note to section 18 of 11 & 12 Vict. c. 42. as to justice's duty in committing for trial. As to meaning of " committed foT trial," see .32 & 53 Vict. c. 63, s. 27. post. Discretion of justices. — The justices in a criminal charge brought before them have a discretion as to what course they will adopt under the circumstances ; therefore, whereupon a charge of perjury before two justice.-, it appeared that the perjury was alleged to have been committed in a deposition made in a suit then pending in the ecclesiastical court, to which both the informant and the person charged were parties, and the justices declined further to proceed in the matter, the court refused t<> compel them t<> proceed, a- they had a discretion in the matter which they had properly exercised. Reg. v. Ingham, H» L. J. M. 0. 69; 13 J. P. 379. The learned editor of I >ke's " Magisterial Synopsis," 13th edition (himself a police magistrate), Baid, "As a general rule magistrate - ought not to entertain criminal charges arising out of civil pro- ceedings which are >till pending, at all events, except for the purpose of holding the accused to bail, unless the trial has been postponed to allow the criminal charge to be first disposed of." See also S. v. Evans, 54 J. P. 471: 62 L. T. 470. Duty of justices to dismiss or commit accused. — Where a complaint of a criminal nature is made before justices, which, up the evidence, amount- to an offence not within their jurisdiction to determine, it is their duty either to dismiss the complaint or to commit the person charged for trial by a jury. Therefore, where an information charged a man with unlawfully assaulting and abusing a woman, and the only evidence was that of the woman. who swore to a rape, it was held that the justices ought either to have committed for trial, or if they disbelieved the woman, to have dismissed the case; and that they were not justified in convicting the man under the Criminal Procedure Act, L853 [16 & 17 Vict, c. 30), of an aggravated assault. In In re Thompson, 30 L. J. M. C. 19; 7 Jur. 48 : 25 J. P. 166, the judge- being equally divided, the rule nisi which had been granted in the case for a habeas corpus ad subjiciendum, dropped, but see the note to section 14 of 11 & 12 Vict c. 43, ante. Commitment. — It the justice should consider thai sufncieal e\ idence has been adduced to warrant him in committing the accused for trial, he shall commit him either under the provisions of section 3 ot the Prisons Act, L833 a & 6 Will. 1. c. 38 . which provide- that 376 The Indictable Offences Act, 1848. Note justices may commit offenders to any house of correction situate to near to the place where the assizes are to be held at which they arc Sect, to he tried, or in accordance with sections 24, 27, and 28 of 40 & 25 - 41 Vict. c. 21 (The Prisons Act, 1877), which are as follows:— Confinement of prisoners before and during trial. — "24. The Secretary of State may from time to time by any general or special rule appoint in any county a convenient prison or prisons in winch prisoners are to be confined before and during trial, or at either of such times, and any prisoner who might, if this Act had not passed, have been lawfully confined in a prison situate within the area of such county may be lawfully confined in any prison or prisons so appointed : Moreover the Secretary of State may by any general or special rule from time to time appoint any convenient prison or prisons in any adjoining county to which prisoners may be committed for trial, safe custody, or otherwise, and any prisoners may be committed to such prison accordingly. Saving as to commitment of prisoners. — "27. Subject to this Act, and any rules made in pursuance thereof, prisoners may he committed to the same prison to which they might have been committed if this Act had not passed. "The committal or imprisonment of a prisoner to or in a prison, if < itherwise valid, shall not be illegal by reason only that such prisoner ought, according to the law for the tune being in force, to have been committed to or imprisoned in some other prison, but any such prisoner as is mentioned in this section shall, on application made on his behalf in a summary manner to any judge of the High Court of Justice, be entitled to be removed at the pubbc expense to such other prison as aforesaid. Legal custody of prisoner. — " 28. A prisoner shall be deemed to be in legal custody whenever he is being taken to or from, or whenever he is confined in, any prison in which he may be lawfully confined, or whenever lie i> working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to the prison, and any constable or other officer acting under the order of any justice of the peace or magis- trate having power to commit a prisoner to prison, may convey a prisoner to or from any prison to or from which he may lie legally committed or removed, notwithstanding such prison may lie beyond the constablewick or other jurisdiction of such constable or officer, in the same manner, and with the same incidents as it' such prison were within such constablewick or other jurisdiction." As to commitment of prisoners in certain counties of cities and towns corporate to be tried at assizes held for adjoining county, see 14 & 15 Vict. C. 55, S8. li» and 22, and schedule, post, Appendix. As to the execution of warrants of commitment by county constables, see the County Police Act, 1N40 (3 & 4 Vict. c. 88 , s. 33. In :J7 Law Times uewspaper, 89, the following advice as to the duties of justices in determining where the defendant should be 11 <('■ 12 Vict. c. 42, s. 26. 377 committed, given by one of Eer Majesty's judges, is set out as Note follows:— ' . t0 The object of the winter session of gaol delivery being to deliver Sect, the county gaol of prisoners in custodj charged with offences over *^ which the' court of quarter sessions has no jurisdiction, it is desirable that prisoners triable at quarter sessions should not (unless from the circumstances of any particular case the committing magis- trate deem it expedient) lie committed for trial at the winter gaol delivery. ALueh inconvenience having arisen by the omission from the warrants of commitment (either in the body or the margin) of the session at which it is intended the prisoner should bo tried, it is expedient, to prevent further uncertainty and confusion, that the following suggestion should be generally adopted in the preparation of warrants of commitment : Where the prisoner is to be committed to actual custody, if the offence be triable at quarter sessions, the warrant should definitely state that the detention is to be "until the next session of the peace," or, should the committing magistrate deem it expedient. •' the next session of oyer and terminer and gaol delivery." adding in such case, " or until delivered by due course of law." If the offence be "not triable at quarter sessions." the commitment should be "to the next session of oyer and terminer and gaol delivery." adding " or until delivered by due course of law." Bail rases. — If the prisoner be admitted to bail, the recognizances of the defendant, and also of the prosecutor and the witnesses for the prosecution, -should be to appear at the assizes and general session of oyer and terminer and gaol delivery to be holden for the said county (not being a winter or special session of oyer and terminer and gaol delivery). But see now the Assizes Eeiief Act, INN!), )>ost, in the Appendix. In R. v. Ward, \o Cox C. C. 321, it was held that the general authority given by the commission of general gaol delivery to justices of assize to deliver the gaols of all manner of prisoners found therein confers no jurisdiction over prisoners directed by statute to be dealt with by the court of general or quarter sessions, though found within the county prison. A commitment, therefore, of such a prisoner to the assizes will be bad, and will entitle tin' prisoner to his discharge from custody. As to taking depositions of witnesses for the defence, see 30 & 31 Vict. c. 35, post, Appendix, and note to 11 & 12 Vict. c. 42, s. L8, ante. 26. Conveyance to gaol.] — The constable or any of the constables or other persons to whom the said warrant of com- mitment shall be directed shall convey such accused person therein named or described to the gaol or other prison mentioned in such warrant, and there deliver him, together with such 378 The Indictable Offences Act, 1848. Sect, wa fran t, to the gaoler, keeper, or governor of such gaol or — '. prison, who shall thereupon give such constable or other person so delivering such prisoner into his custody a receipt (T. 2) for such prisoner, setting forth the state and condition in which such prisoner was when he was delivered into the custody of such gaoler, keeper, or governor ; and in all cases where such constable or other person shall be entitled to his costs or expenses for conveying such person to such prison as aforesaid it shall be lawful for the justice or justices who shall have committed the accused party, or for any justice of the peace in and for the said county, riding, division, or other place of exclusive jurisdiction wherein the offence is alleged in the said warrant to have been committed, to ascertain the sum which ought to be paid to such constable or other person for convey- ing such prisoner to such gaol or prison, and also the sum which should reasonably be allowed him for his expenses in returning, and thereupon such justice shall make an order (T. 2) upon the treasurer of such county, riding, division, liberty, or place of exclusive jurisdiction, or if such place of exclusive jurisdiction shall be contributory to the county rate of any county, riding, or division, then upon the treasurer of such county, riding, or division, respectively, or in the county of Middlesex, upon the overseers of the poor of the parish or place within which the offence is alleged to have been com- mitted, for payment to such constable or other person of the sums so ascertained to be payable to him in that behalf ; and the said treasurer or overseers, upon such order being produced to him or them respectively, shall pay the amount thereof to such constable or other person producing the same, or to any person who shall present the same to him or them for payment : Provided, nevertheless, that if it shall appear to the justice or justices by whom any such warrant of commitment against such prisoner shall be granted as aforesaid that such prisoner hath money sufficient to pay the expenses, or some part thereof, of conveying him to such gaol or prison, it shall be lawful for such justice or justices, in his or their discretion, to order 11 dt 12 Vict. c. 42, s. 26. 379 such money or a sufficient part thereof to be applied to such Sect. 26. purpose. — Expenses of conveying prisoners to prison. — Under this section it has been held that the treasurer of a county partly included within the metropolitan district, is liable to pay out of the county rate expenses (which the prisoner has no means oi defraying) incurred by a metropolitan police constable in conveying prisoners to the county gaol under warrants of commitment made by justices of the county within the district directed to the parish constable, and delivered for execution to the police constable under the Metropolitan Police Act, L839 (2 & :3 Vict. c. 47), s. 12; and also the like expenses incurred by a metropolitan police constable under warrants of committal made by metropolitan police magistrates sitting at police courts. But the county treasurer is not liable to pay to a police constable the expensesof re-conve> ing to a police court from the county gaol a prisoner who had been previously committed there for re-exami- nation, when the warrant to bring the prisoner up again was made, not on the police constable, but upon the gaoler who bad employed the police constable to re-convey the prisoner. Leverick v. Mercer, 22 L. J. M. C. 81; 17 J. P. 196; 14 Q. B. 759; and see also note to section 2(5 of 11 & 12 Vict. c. 4.'5. ante. In Muffins v. Surrey Treasurer, 7 A.pp. Ca. 1; 51 L. J. Q. 1!. 145; 4o L. T. (525; 30 W. E. 157 ; 46 J. P. 276; 15 Cox C. < '. it, a metropolitan police magistrate having summarily convicted an offender, and adjudged her to be imprisoned, made out a warrant for her commitment, in obedience to which the plaintiff, a police constable, duly coin eyed her to prison. By reason of such convey- ance the plaintiff incurred certain expenses, which the prisoner had no means to defray. The magistrate subsequently made an order under 27 Geo. 2. c. 3, directed to the defendant, ordering him to pay to the plaintiff the amount of such expenses. The defendant refused to comply with the order on the ground that his liability to pay expenses of conveyance of prisoners to prison had been trans- ferred from the county to the Secretary of State by section 4 of the Prisons Act, 1877 (40 & 41 Vict. c. 21), which provides that "after the commencement of the Act all expenses incurred in respect of maintenance of prisons under the Act. and of the prisoners therein. shall be defrayed out of moneys provided by Parliament." A .similar question arose with regard to expenses of conveying from the police-court to the prison a man committed to take his trial for felony. It was held that the expenses of conveying prisoners to prison were by section 4 transferred to the Secretary of State, and that the word '•therein" in that section pointed to the class of prisoners to whose maintenance the Act was intended to apply, not to the period of time from which the liability for such maintenance was to commence. The Home Secretary, on April 6th, 1885, in a circular letter, reminded justices that the provisii >na of this section making prisoners 380 The Indictable Offences Art, 1848. Sect 26 Note with means primarily liable for the expenses of their conveyance to to gaol were not affected by the above quoted section of the Prisons Act, 1N77, and requested that the prisoner mi«, r ht be ordered to pay such expenses unless the justices could see under the special circum- stances of the case that the ride might be advantageously departed from. See " Stone" (31st edn.), p. 22. 27. Copies of depositions.'] — At any time after all the examinations aforesaid shall have been completed, and before the first day of the assizes or sessions or other first sitting of the court at which any person so committed to prison or admitted to bail as aforesaid is to be tried, such person may require and shall be entitled to have, of and from the officer or person having the custody of the same, copies of the depositions on which he shall have been committed or bailed, on payment of a reasonable sum for the same, not exceeding at the rate of three halfpence for each folio of ninety words. A person who has been committed to prison for defaidt of sureties tn keep the peace, and who has been discharged at the sessions, is in it afterwards entitled to demand a copy of the examination on which the commitment proceeded. This section gives the right to such a copy only when the person is committed to prison for some offence for which he is to be tried, and with the view of enabling him to prepare for trial. Ex parti' W. Humphreys, 19 L. J. M. C. 189; 4 New Sess. ('as. 179; 14 J. P. 286; 15 Jur. 608; Coleridge. J., saying, "A consideration of the whole Act. and of the language of this particular section leads only to one interpretation, that it contemplates the case of a prisoner who has been committed for trial or admitted to bail preparatory to trial; and the section gives him in that case, and in that case only, the right to have a copy of the depositions." See also {sub nom.) R. v. Hen fordshin JJ., 1 L. M. & P. 323. By the Trials for Felony Act, 1836 (6 iV: 7 Will. A, c. 114), s. 2, which section is repealed, it is provided that all persons under trial shall be entitled at the time of their trial to inspect without fee or reward all depositions (or copies thereof) which have been taken against them and returned into the court, before which such trial shall lie had. but the third section of the same statute (which is repealed by section 34 of this Act only so far as it relates to the right of parties charged with offences to have copies of the depositions or examina- tions againsl them) provides that if before the day of ferial such demand for copies has not been made, the copies shall only be supplied if the judge or other person to preside at such trial shall think tit, having regard to a possible delay or inconvenience to such 11 ,f 12 Vict. c. 4-2. 8. 29. 381 trial; bul the judge shall have power to postpone such trial in Note case the copies demanded by the accused have not been supplied to him. In Ex partt Joshua Fletcher, 1 NVw Se>s. Cas. 40 ; 1 I). «V I.. 996; 13 L. .F. M. 0. n~ ; 8 Jur. 269; same case («i*6 »«m.) B. v. London {Mayor), D. & M. 486 ; 5 Q. B. 5,3-3 ; 8 J. P. 854, it was held under the third section of the above statute thai persons committed to prison for re-examination on charges of felony are not entitled to demand copies of the depositions. The right to copies does aot attach until the prisoner is held to bail, or committed to prison to await trial ; and the defendant is not entitled to copies of the depo- sitions if the charge has been dismissed. See per Coleridge, J., p. TO of 13 L. J. M. C. Under this statute a prisoner was not entitled to a copy of his own statemenl made before the committing justice, but only to a copy of the depositions of the witnesses against him. E. v. Aylett, 8 0. & P. 669. 28. Forms in schedule.']— The several forms in the schedule to this Act contained, or forms to the same or the like effect, shall be deemed good, valid, and sufficient in law. This section is not peremptory, but of course there will be great danger in using other forms than those provided in the schedule. 29. Metropolitan police magistrates anil stipendiary magis- trates may act alone, j— Anyone of the magistrates appointed or hereafter to be appointed to act at any of the police courts of the metropolis, and sitting at a police court within the metro- politan police district, and every stipendiary magistrate appointed or to be appointed for any other city, town, liberty, borough, or place, and sitting at a police court or other place appointed in that behalf, shall have full power to do alone whatsoever is authorized by this Act to be done by any one or more justice or justices of the peace; and that the several forms ill the schedule to this Act contained may be varied, so far as it may be necessary to render them applicable to the police courts aforesaid, or to the court or other place of sitting of such stipendiary magistrate ; and that nothing in this Act contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained in the to Sect. 27. 38-2 The Indictable Offences Act, 1848. Sect. Metropolitan Police Act, 1829 (10 Geo. 4, c. 44), or in the — !. Metropolitan Police Act, 1839 (2 & 3 Vict. c. 47), or in the Metropolitan Police Courts Act, 1839 (2 & 3 Vict. c. 71), or in an Act passed in the fourth year of the reign of Her present Majesty, intituled " An Act for better defining the powers of justices within the Metropolitan Police District" (3 & 4 Vict, c. 84). 30. Lord Mayor, or alderman of London, may act alone.~\ — It shall be lawful for the Lord Mayor of the City of London, cr for any alderman of the said city, for the time being, sitting at the Mansion House or Guildhall Justice Rooms in the said city, to do alone any act at either of the said justice rooms, which by any law now iu force, or by any lav; not containing an express enactment to the contrary hereafter to be made, is or shall be directed to be done by more than one justice ; and that nothing in this Act contained shall alter or affect in any manner whatsoever any of the powers, provisions, or enactments contained in an Act passed in the third year of the reign of Her present Majesty, intituled " An Act for Regulating the Police in the City of London " (2 & 3 Vict. c. xciv.) 31. Gh ief magistrals of Low Street may be a justice for Berks.'] — The chief magistrate of the metropolitan police court at Bow Street for the time being shall be a justice of the peace of and for the county of Berks, if his name be inserted in the commission of the peace for that county, without possessing the qualification by estate required by law in that behalf, and without taking any oath of qualification. This is to enable the chief magistrate to sit in an occasional courthouse during Ascot races. 32. Extent of Act and saving.] — The town of Berwick-upon- Tweed shall be deemed to be within England for all the 11 dt 12 Vict. c. 42, 8. 32. 383 purposes of this Act, but nothing in this Act shall be deemed or taken to extend to Scotland or Ireland, or the Isles of Man, Jersey, or Guernsey, save and except the several provisions respectively hereinbefore contained respecting the backing of warrants, and also nothing in this Act shall be deemed to alter or atf'ect the jurisdiction or practice of Her Majesty's Court of Queen's Bench. See note 1" section ."iT of 11 & 12 Vict. c. 4-, ante. Sections 33, 34, '■>■'). repealed by the statute Law Revision Act, is:/. :;s & 39 Vict. c. 66). Sect. 32. 384 The Indictable Offences Act, 1848. Sched. SCHEDULE. (A.) Sect. 1. Information and Complaint for an Indictable Offence. ) The information and complaint of C. D. of to wit. \ [yeoman], taken this day of in the year of our Lord 18 , before the undersigned [one] of Her Majesty's justices of the peace in and for the said [county] of , who saith that [*•" Sched. (D.) Sect. 1. Warrant where a Summons is disobeyed. To the constable of , and to all other peace officers in the said [countii of Whereas on the last past, A. B. of [labourer], was charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the said count//] of , for that [&c, as the summons : And whereas | / : then issued [my] summons to the said ./. /.'., commanding him, in Her Majesty's name, to be and appear before me] on , at o'clock in the forenoon, at , or before such other justice or justices of the peace for the same [county] as might then he there, to answer to the said charge, and to be further dealt with according to law : And whereas the said A. B. hath neglected to be or appear at the time and place appointed in and by the said summons, although it hath now been proved to me upon oath that the said summons was duly served upon the said A. B. These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said .1. />., and to bring him before me, or some other of Her Majesty's justices of the peace in and for the said [county], to answer to the said charge, and to be further dealt with according to law. Given under my hand and seal, this day of in the year of our Lord , at , in the [county] aforesaid. J. S. (L. S.) (E.) Sect. 2. Warrant to apprehend a Person charged with an Indictable Offence committed on the High Seas or Abroad. \ffences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence, to have been committed "on the high seas, out of the body of any county of this realm, and within the jurisdiction of the Admiralty of England." For offences committed abroail for which the 'parties may be indicted in tins country, the warrant also may be the same as in ordinary cases, but describing the offence to hare been committed "on land out of the United Kingdom, to wit, at , in the kingdom of ," or "at , in the Easl Indies," or " at in the island of , in the West, Indies," or as the case may be. (P.) Sect. 3. ( ■ rtificate of Indictment being found. I hereby certify, that at [a court of oyer and terminer and general gaol delivery, or a court of general quarter sessions of the peace], holden in and for the [county of , at , in the said [county], on a hill of indictment was found by the grand jury against A. B., therein described as A. B. late of [labourer], S..I.A. C C 386 The Indictable Offences Act, 1848. Sched. for that he [&c, stating shortly the offence], and that the said -4. B. hath not appeared or pleaded to the said indictment. Dated this ' day of , 18 . J. D. Clerk of the indictments on the circuit, or clerk of the peace of and for the said [county]. (G.) Sect. 3. Warrant to apprehend a Person indicted. To the constable of , and to all other peace officers in the said [county] of Whereas it hath been duly certified by J. D., clerk of the indictments on the circuit [or clerk of the peace of and for the [county] of ] that [&c, stating the certificate] : These are therefore to command you, in Her Majesty's name, forthwith to apprehend the said A. B., and to bring him before [me], or some other justice or justices of the peace in and for the said [county] to be dealt with according to law. Given under my hand and seal, this day of in the year of our Lord , at , in the [county] aforesaid. S. J. (l.s.) (H.) Sect. 3. Warrant of Commitment of a Person indicted. To the constable of , and to the keeper of the [common gaol or house of correction], at , in the said [county] of Whereas by [my] warrant under my hand and seal, dated the day of , after reciting that it had been certified by J. D. [dtc, as ■in the certificate], [I] command the constable of , and all other peace officers of the said county, in Her Majesty's name, forthwith to apprehend the said A. B. and to bring him before [»rce], the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county], or before some other justice or justices of the peace in and for the said [county], to be dealt with according to law. And whereas the said A. B. hath been apprehended under and by virtue of the said warrant, and being now brought before [me], it is hereupon duly proved to [me] upon oath that the said A. B. is the same person who is named and charged in and by the said indictment : These are therefore to command you the said constable, in Her Majesty's name, forthwith to take and safely convey the said A. B. to the said [house of correction] at in the said [county], and there to deliver him to the keeper thereof, together with this precept : And I hereby command you the said keeper to receive the said A. B. into your custody in the said house of correction, and him there safely to keep until he shall be thence delivered by due course of law. Given under my hand and seal, this day of , in tbe year of our Lord , at , in the [county] aforesaid. J. S. (l.s.) 11 a 12 Vict. c. 4-2, Forms L, K.. L. 1. 387 Sched. (I.) Skct. 3. Warrant to detain a Person indicted who is already in Custody for anotht • > To the keeper of the common gaol or house of correction .at , in the -aid county] of Whereas it hath been duly certified by J. D., clerk of the indict- ments on the circuit or clerk of the peace of and for the county of . that dc., stating the certificate] : And whereas [I am informed that the- said A. I',, is in your custody in the said [common gaol aforesaid, charged with some offence or other matter; it being now duly proved upon oath before me that the said .4. B. s.i indicted as aforesaid, and the said A. li. in your custody as aforesaid, me and the same person : These are therefore to command you, in 11- c Maj. sty's name, to detain the said .1. B. in your custody in the [common gaol] aforesaid, until by Her Majesty's writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the said indictment, or until he -hall otherwise be removed or discharged out of your custody by due course of law. (liven under my hand and seal, this day of , in the year of <>ur Lord "at , in the I' county] aforesaid. J. S. (l.s.) (B .1 Sect. 12. Indorsement in baching a Warrant. > Whereas proof upon oath hath this day been made before to wit. me, one of Her Majesty's justices of the peace for the said [county] of , that the name of ./. S.. to the within warrant subscribed, is of the handwriting of the justice of the peace within mentioned; I do therefore hereby authorise 11". '/'., who bringeth to me this warrant, and all other persons to whom this warrant was originally directed, or by whom it may lawfully be executed, and also all constables and other peace officers of the said [county] of , to execute the same within the said last-mentioned {county'* and to bring the said A. B., if apprehended in the same [county , before me, or before some other justice or justices of the peace of the same county, to be dealt with according to law. (liven under my hand, thi- day of , 18 . ./. L. • The words following this aster be used only where the justice backing the warrant shall tlii>ik fit, and may be omitted in backing English warrants in Ireland, Scotland, dx\, or in baching Irish or Scotch warrants, dc, i)i England. (L. 1.) Sect. 1G. Summons of a Witness. To E. F., of [labourer]. Whereas information hath been laid before the undersigned [one of Her Majesty's justices of the peace in and for the said 'county] of , C C 2 388 The Indictable o/aicrs Act, 1848. Sohed. that A. B. [dc, as in the summons or warrant against the aec7iscd], and it hath been made to appear to me upon [oath \ that you are likely to give material evidence for the [prosecution] ; These are therefore to require you to he and to appear before me on next at o'clock in the forenoon at , or before such other justice or justices of the peace for the same county as may then be there, to testify what you shall know concerning the said charge so made against the said A. B. as aforesaid. Herein fail not. Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid. ./. S. (L.S.) (L. 2.) Sect. 16. Warrant where a Witness has not obeyed a Summons. To the constable of and to all other peace officers in the said •a unity] of Whereas information having been laid before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of , that A. B. [dc, as in the summons] ; and it having been made to appear to [me] upon oath that E. F. of , [labourer] was likely to give material evidence for the prosecution, I did duly issue my summons to the said E. F., requiring him to be and appear before me on at , or before such other justice or justices of the peace for the same county as might then be there, to testify what he should know respecting the said charge so made against the said A. B. as aforesaid : And whereas proof hath this day been made before me upon oath of such summons having been duly served upon the said E. F. : And whereas the said E. F. hath neglected to appear at the time and place appointed by the said summons, and no just excuse has been offered for such neglect : These are therefore to command you to bring and have the said E. F. before me on at o'clock in the forenoon at , or before such other justice or justices of the peace for the same [county] as may then be there, to testify what he shall know concerning the said charge so made against the said A. B. as aforesaid. Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid. J. S. (l.s.) (L. 3.) Sect. 16. Warrant for a Witness in the first instance. To the constable of , and to all other peace officers in the said [county] of Whereas information bath been laid before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of , that .Iv.. as iTi the summons] ; and it having been made to appear to [me] upon oath that E.F.oi , [labourer] is likely to i material evidence for the prosecution, and that it is probable that the said /•.'. /•'. will not attend to give evidence without being compelled so to do : These are therefore to command you to bring and have the 11 & 12 Viaid contempt, unless he shall in the meantime consent to be examined and to answer concerning the premise- ; and for your so doing this shall be your sufficient warrant. Given under my hand and seal this day of , in the year of our Lord , at in the [county aforesaid. J. S. (L.S.) (M.) Sect. 17. Depositions of Witnesses. I The examination of C. D. of farmer] and E. F. to wit. i of [labourer'], taken on [oath] this day of , in the year of our Lord, , at in the [count;/ ^ aforesaid, before the under- signed, one of Her Majesty's justices of the peace for the said [county], in the presence and hearing of .4. B., who is charged this day before [me], for that he, the said A. B. on , at . dtc., describing the offe>ice as in a warrant of commitment]. 390 The Indictable Offences Act, 1848. Sched. This deponent C. D. on his [oatJij saith as follows, [dtc, stating tlie deposition of the witness as nearly as p>ossible in the words he uses. When his deposition is complete let him sign it.] And this deponent E. F. upon his oath, saith as follows, [&c] The above depositions of C. D. and E. F. were taken and [sworn] before me at , on the day and year first above mentioned. J. S. N.i M.cr. 18. Statement of the Accused. : A. B. stands charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the [county] aforesaid, this day of , in the year of our Lord , for that he the said A. B. on , at , \&c, as in the caption of the depositions] ; and the said charge being read to the said A. B. and the witnesses for the prosecution, C. D. and E. F., being severally examined in his presence, the said A. B. is now addressed by me as follows : "Having heard the evidence, do you wish to say anything in answer to the charge ? you are not obliged to say anything unless you desire to do so ; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial ; " whereupon the said .4. B. saith as follows : — [Here state whatever the prisoner mag say, and in Jiis very words as nearly as p>ossible. Get him to sign it if he will. A. B.] Taken before me at the dav and vear first above mentioned. J. S. (0. 1.) Sect. 20. Becognizance to Prosecute o> give Evidence. : Be it remembered, that on the day of , in the year of our Lord , C. D. of , in the township of , in the said county, farmer, or C. D. of No. 2, street, in the parish of , in the borough of , surgeoti, of which said house he is tenant], personally came before me, one of Her Majesty's justices of the peace for the said county, and acknow- ledged himself to owe to our Sovereign Lady the Queen the sum of of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her heirs and successors, if he the said ('. !>. shall fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, at , before me. J. S. Condition to Prosecute. The condition of the within written recognizance is such, that whereas one A. B. was this day charged before me, •/. S., justice of the peace within mentioned, for that [&c, OS in the caption of the ileposi- tions], if therefore he the said C. D. shall appear at the next court of oyer and terminer or general gaol delivery [or at the next court of 11 ,(■ 12 Vict. c. 42, Forms <). 2, P. 1. 391 i.il or quartet sessions of the peace] to be holden in and for the Sched. [county] of * and there prefer or cause to be preferred a bill of indictment for the offence aforesaid against the said A. B., and there also duly prosecute Bueh indictment, then the said recognizance to be void, or else to stand in full force ami virtue. Condition to "Prosecute and give Evidence. Same as the last form to tin 1 asterisk,* and then thus :— " and there prefer or cause to be preferred a hill of indictment against the said A. B. for the offence aforesaid, and duly prosecute such indictment, and give evidence thereon as well to the jurors, who shall then inquire of the said offence, as also to them who shall pass upon the trial of the said A. />'., then the said recognizance to be void, or else to stand in full force and virtue." Condition to nive Kridcncc. Same as tin- lust form but one to the asterisk, ami then thus : — "and there give such evidence as he knoweth upon a bill of indictment to be then and there preferred against the said .1. /;. for the offence aforesaid, as well to the juror-, who shall there inquire of the said offence as also to the jurors who shall pass upon the trial of the said A. />'., if the said bill shall be found a true bill, then the said recognizance to be void, or else to stand in full force and virtue." i<>. -i.) Sect. 20. Notice of the saitl Recognizance la lie given to the Prosecutor and his Witne • Take notice, that you ( '. I), of , are hound in the sum to wit. 1 of to appear at the next court of [general quarter sessions of the peace , in and for the county of , to be holden at , in the said county, and then and there prosecute and] give evidence against .1. I'-. ; and unless you then appear there, and [prose- cute aiul\ give evidence accordingly the recognizances entered into by you will he forthwith levied on you. Dated this day is . J. S. (P. 1.) Sect. 20. Commitment of Witness fur re/using to enter into liie P,e cognizance. To the constable of , and to the keeper of the [liouse of correction] at , in the said [county] of Whereas A. B. was lately charged before the undersigned, [one] of Her Majesty's justices of the peace in and for the said [county] of , for that [dx., OS in the summons to the iritness], and it having been made to appear to [me upon oath that K. F. of was likely to give material evidence for the prosecution, [I] duly issued [my summons to the said K. F. requiring him to be and appear] before [me] 392 The Indictable Offences Act, 1848. Sched. on , at , or before such other justice or justices of the peace as should then be there, to testify what he should know concerning the said charge so made against the said .4. B. as aforesaid; and the said E. F. now appearing before [me], [or] being brought before [me] by virtue of a warrant in that behalf, to testify as aforesaid, hath been now examined by [me] touching the premises, but being by [me] required to enter into a recognizance conditioned to give evidence against the said A . B. hath now refused so to do : These are therefore to command you the said constable to take the said E. F., and him safely to convey to the .[house of correctiwi] at , in the [county] aforesaid, and there deliver him to the said keeper thereof, together with this precept ; and I do hereby command you the said keeper of the said [house of correc- tion] to receive the said E. F. into your custody in the said [Iwuse of correction], there to imprison and safely keep him until after the trial of the said A. B. for the offence aforesaid, unless in the meantime such E. F. shall duly enter in such recognizance as aforesaid in the sum of pounds, before some one justice of the peace for the said [county] conditioned in the usual form to appear at the next court of [oyer and terminer or general gaol delivery, or general quarter sessions of the peace] to be holden in and for the [county] of , and there to give evidence before the grand jury upon any bill of indictment 'which may then and there be preferred against the said A. B. for the offence aforesaid, and also to give evidence upon the trial of the said A. B. for the said offence, if a true bill should be found against him for the same. Given under my hand and seal this day of , in the year of our Lord , at , in the [county] aforesaid. (P. 2.) Sect. 20. Subsequent Order to Discharge the Witness. To the keeper of the [house of correction] at , in the [county] of Whereas by [my] order dated the day of instant], reciting that A. B. was lately before them, charged before [me] for a •certain offence therein mentioned and that E. F. having appeared before [trie], and being examined as a witness for the prosecution in that behalf, refused to enter into a recognizance to give evidence against the said A. B., and [I] therefore thereby committed the said E. F. to your custody, and required you safely to keep him until after the trial of the said .4. B. for the offence aforesaid, unless in the meantime he should enter into such recognizance as aforesaid : And whereas, for want of sufficient evidence against the said A. B., the said A. B. has not been committed by or holden to bail for the said offence, but on the contrary thereof has been since discharged, and it is therefore not necessary that the said E. F. should be detained longer in your custody : These are therefore to order and direct you the said keeper to discharge the said E. F. out of your custody as to the said commitment, and suffer him to go at large. ''riven under [my] hand and seal, this day of , in the year of our Lord , at . in the i county] aforesaid. J. S. (L.8.) 11 ,(• 12 Vict. c. 42, Forms Q. 1, Q. '2. 893 Belted. (Q. 1.) Skct. 21. Warrant Rcmaiuling a Prisoner. To the constable of , and to the [keeper of a house of correc- tion], at , in the -aid county] of Whereas A. B. was this day charged before the undersigned [one] of Hi r Majesty's justices of the peace in andfor the said vanity] of , for that [&c, as in the warrant to apprehend] ; and it appears to nie to be necessary to remand the said A. B.\ These are therefore to command you the said constable in Her Majesty's name forthwith to convey the said A. B. to the [house of correction] at , in the said [county], and there to deliver him to the keeper thereof, together with this precept ; and [I] hereby command you the said keeper to receive the said A. B. into your custody in tin- said house of correc- tion, and there safely keep him until the day of instant, when [ I] hereby command you to have him at , at o'clock in the forenoon of the same day before [me], or before such other justice or justices of the peace for the said [county] as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the meantime. Given under my hand and seal this day of in the year of our Lord , at , in the [county] aforesaid. J. S. (l.s.) (Q. 2.) Sect. 21. Recognizance of Bail instead of Remand on an Adjournment of Examination. Be it remembered, that on the day of in the year of our Lord, , .4. B. of , labourer, L. 31. of , grocer, and N. O. of , butcher, personally came before me, one of Her Majesty's justices of the peace for the said [county], and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say, the said A. B. the sum of , and the said L. M. and N. O. the sum of each of good and lawful money of (ireat Britain to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and successors, if he the said A. B. fail in the condition indorsed. Taken and acknowledged, the day and year first above mentioned, at , before me, J. S. Condition. The condition of the within-written recognizance is such, that whereas the within bounden .4. B. was this day [or on last past] charged before me, for that [&c, as in the warrant] ; And whereas the examination of the witnesses for the prosecution in this behalf is adjourned until the day of instant ; if therefore the said A. B. shall appear before me on the said day of instant 394 The Indictable Offences Act, 1848. Sched. at o'clock in the forenoon, or before such other justice or justices of the peace for the said [cotinty] as may then be there, to answer [further'] to the said charge, and to be further dealt with according to law, then the said recognizance to be void, or else to stand in full force and virtue. (Q. 3.) Sect. 21. Notice of such Recognizance to be given to the Accused and his Sureties. : Take notice, that you, A. B. of are bound in the Mini of , and your sureties L. M. and N. 0. in the sum of each, that you A. B. appear before me J. S. one of Her Majesty's justices of the peace for the [county of , on the day of instant, at o'clock in the forenoon, at , or before such other justice or justices of the peace for the same [county] as may then be there, to answer further to the charge made against you by C. D., and to be further dealt with according to law ; and unless you A. B. personally appear accordingly the recognizances entered into by yourself and sureties will be forthwith levied on vou and them. Dated this day of 18 J. S. (Q. 4.) Sect. 21. Certificate of Non-appearance to be indorsed on the Recognizance. I hereby certify that the said A. B. hath not appeared at the time a ml place in the above condition mentioned, but therein hath made default bv reason whereof the within written recognizance is forfeited. J. S. (R. 1.) Sect. 22. Warrant to convey the Accused before a Justice of the County, die, in which the Offence was committed. To W. T. constable of , and to all other peace officers in the said [county] of Whereas A. B., of , labourer, hath this day been charged before the undersigned [one'] of her Majesty's justices of the peace in and for the said county of , for that [dr., as in the warrant to apprehend]: And whereas [T] have taken the deposition of C. D., a witness examined by [me] in this behalf; but inasmuch as [I] am informed that the principal witnesses to prove the said offence against the said .1. /;. reside in the [county] of < '., where the said offence is alleged to have been committed : These are therefore to command you the said constable, in Her Majesty's name, forthwith to take and convey the said A. B. to the said [count;/] of C, and there carry him before some justice or justices of the peace in and for that [county], and near unto the [parish of D.], where the offence is alleged to have been committed, to answer further to the said charge before him or them, and to be farther dealt with according to law; and [I] hereby further command you the said constable to deliver to the said justice or 11 ,i 12 Vict. c. 42, Farms R. % S. 1. 395 justices the information in this behalf, and also the said deposition of Sched. < 1 1. now given into your possession for that purpose, together with this [nvcept. (Viven under my hand and seal, this day of in the year of our Lord , at . in the {county] aforesaid. J. S. (l.s.) i!;. 2.) Sect. 22. Order for the Payment of the Constable's Expenses. To R. W., Esquire, treasurer of the said county of C. Whereas 11'. T., constable of , in the county of A., hath by virtue of and in obedience to a certain warrant of /. 6'., Esquire, one] of Her Majesty's justices of the peace in and for the said county of .1., taken and conveyed one A. B., charged before the said J. S. with having [<£c, stating shortly the offence], from in the said county of .4. to in the said county of C, a distance of miles, and produced the said .4. B. before me, S. P., one of Her Majesty's justices of the peace in and for the said county of C, and delivered him into the custody of by [my] direction to answer to the said charge, and further to be dealt with according to law ; And whereas the said W. T. hath also delivered to [me] the said warrant, together with the information in that behalf, and also the depositions of C. D. in the said warrant mentioned, and hath proved to [me] upon oath the hand- writing of the said J. S. subscribed to the same : And whereas [I] hare ascertained that the sum which ought to be paid to the said W. T. for conveying the said ..4. B. from the said county of A. to the said county of C, and taking him before \me], fs the sum of , and that the reasonable expenses of the said W. T. in returning will amount to the further sum of , making together the sum of : These are therefore to order you, as such treasurer of the said county of C, to pay unto the said IT. f. the said sum of .according to the form of the statute in such case made and provided, for which payment this order shall be your sufficient voucher and authority. Given under my hand, this day of 18 . •7. /'. (S. 1.) Sect. 23. Recognizance of Bail. Be it remembered, that on the day of , in the year of our Lord . .1. B. of . labourer, L. M. of , grocer, and .V. 0. of , butcher, personally came before [us] the undersigned, two of Her Majesty's jiiNtices of the peace for the said [connty], and severally acknowledged themselves to owe to our Lady the Queen the several sums following ; (that is to say,) the said A. B. the sum of , and the said L. M. and N. O. the sum of each of good and lawful money of Great Britain, to be made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Lady the Queen, her heirs and suece»or~. if he the -aid .1. /.'. fail in tli ■ condition indorsed 396 The Indictable Offences Act, 1848. Sched. Taken and acknowledged, the day and year first above mentioned, at , before us, J. S. J.N. Condition in Ordinary Cases. The condition of the within-written recognizance is such, that whereas the said A. B. was this day charged before [us~\, the justices within mentioned, for that [&c, as in tlie ivarrant] ; if therefore the said A. B. will appear at the next court of oyer and terminer and general gaol delivery [or court of general quarter sessions of the peace] to be holden in and for the county of , and there surrender himself into the custody of the keeper of the [common gaol] there and plead to such indictment as may be found against him by the grand jury, for or in respect of the charge aforesaid, and take his trial upon the same, and not depart the said court without leave, then the said recognizance to be void, or else to stand in full force and virtue. S. 2.) Sect. 23. Notice of the said Recognizance to be given to tlw Accused and his Bail. Take notice, that you A. B. of , are bound in the sum of , and your [sureties L. M. and N. 0.] in the sum of each that you A*. B. appear [&c, as in the condition of the recognizance], and not depart the said court without leave ; and unless you the said A. B. personally appear and plead, and take your trial accordingly, the recognizance entered into by you and your sureties shall be forthwith levied on you and them. Dated this day of , 18 . J. S. (S. 3.) Sect. 23. Certificate of Consent to Bail by the committing Justice indorsed on the Commitment. I hereby certify that I consent to the within-named .4. B. being bailed by recognizance, himself in , and [two] sureties in each. J. S. (S. 4.) Sect. 23. The like, on a separate Paper. Whereas A. B. was on committed by me to the [house of correction] at , charged with [dc, naming the offence shortly] : I hereby certify, that I consent to the said A. B. being bailed by recognizance, himself in , and [two] sureties in each. Dated the day of , 18 . J.S 11 dt 12 Vict. c. 42, Farms S. 5, 7\ 1, T. -2. 397 Schei. (S. 5.) Skct. 24. II 'arrant of Deliverance on Bail being given for a Prisoner already I mmitted. To the keeper of the [liouse of correction] at in the said [county] of Whereas .1. B., late of , labourer, hath before [us, two] of Her Majesty's justices of the peace in and for the said county, entered into his own recognizance, and found sufficient sureties for his appearance at the next court of 03-er and terminer and general gaol delivery [or court of general quarter sessions of the peace], to be holden in and for the county of , to answer our Sovereign Lady the Queen, for that [dc, as in the commitment], for which he was taken and committed to your said [house of correction] : These are therefore to command you, in Her said Majesty's name, that if the said A. B. do remain in your custody in the said [house of correction] for the said cause, and for no other, you shall forthwith suffer him to go at large. Given under our hands and seals, this day of , in the of our Lord , at , in the 'county] aforesaid. J. S. (l.s.) J. N. (l.s.) (T. 1.) Sect. 25. Warrant of Commitment. To the constable of , and to the keeper of the [liouse of correc- tion] at , in the said [county] of Whereas A. B. was this day charged before me, J. S., one of Her Majesty's justices of the peace in and for the said [county] of on the oath of C. D., of , farmer, and others for that [<£c, stating shortly the offence] : These are therefore to command you, the said ble of " ,'to take the said A. B. and him safely to convey to the [house of correction] at , aforesaid, and there to deliver him to the keeper thereof, together with this precept ; and I do hereby command you the said keeper of the said [liouse of correction] to receive the said A. B. into your custody in the said [house of correction] and there safely to keep him until he shall be thence delivered by due course of law. Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid. J. S. (L.S.) (T. 2.) Skct. 2G. Gaoler's Receipt to the Co,: the Prisoner, and Justice's Order thereon for Payment of the Constable's Expenses in executing th, Commitment. I herebv certify that I have received from W. T., constable of the body of A. B., together with a warrant under the hand and seal of ./. S., Esquire, one of Her Majesty's justices of the peace for the 398 The Indictable Offences Act, 1848. Sched. [county] of , and that the said .4. B. was sober [or as the case may be] at the time he was so delivered into my custody. P. K. Keeper of the house of correction [or com- mon gaol] at Constable's Expenses : £ s. d. For conveying the above A. B. from to ) [by railway], at per mile . . . ./ For conveying him to and from the railway station . For subsistence of prisoner whilst in custody after ) commitment days at per day . . / For his lodging nights, at per night Constable days, at per day [One] assistant [if necessary] days at per) day j Total £ To R. W., Esquire, treasurer of the said [county] of Whereas W. T., constable of , in the county of , hath produced unto me, J. P., one of Her Majesty's justices of the peace in and for the said county of (wherein the offence hereinafter mentioned is alleged to have been committed), the above receipt of P. K., keeper of the [house of correction] at : And whereas in pursuance of the statute in such case made and provided, I have ascer- tained that the sum which ought to be paid to the said W. T. for conveying the said A. B. from in the said county of to the said [house of correction] is , and that the reasonable expenses of the said W. T. in returning will amount to the further sum of , making together the sum of : These are therefore to order you as such treasurer of the said county of , to pay unto the said W. T. the said sum of , according to the form of the statute in such case made and provided, for which payment this order shall be your sufficient voucher and authority. Given under my hand this day of , 18 . J. P. Received the day of , 18 , of the treasurer of the [county] of , the sum of , being the amount of the above order. THE INDICTABLE OFFENCES ACT AMENDMENT ACT, 1868. 31 & 32 VICT. Cap. 107. An Act to amend the Laic relating to the indorsing of Warrants in Scotland, Ireland, and the Channel Islands. [31 st July, 1868.] 1. [Repealed by Statute Law Revision Act, 1893.] Beet.l. 2. Short title.] — This Act may be cited for all purposes as 41 The Indictable Offences Act Amendment Act, 1868." 3. Construction.] — This Act, so far as is consistent with the tenor thereof, shall be construed as one with the Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), and any Act amending the same. 4. Warrants issued in Srot/and or Inland may be backed in the Channel Islands, and vice versa, — Effect of Warrants so backed.] — In the following cases, that is to say, Where a warrant is issued against any person by any competent magistrate in Scot/and or Ireland, and such person goes or is supposed to have gone into any of the Channel Islands ; or Where a warrant is issued against any person by any competent magistrate in any of the Channel Islands, ami such person goes or is supposed to have gone into Scotland or Ireland .■ any competent magistrate having jurisdiction over the place 400 The Indictable Offences Act Amendment Act, 1868. Sect. 4. where such person is or is supposed to be may indorse such warrant in manner provided by " The Indictable Offences Act, 1848," or as near thereto as circumstances admit. Any such warrant when so indorsed shall be a sufficient anthority to the person or persons bringing the same, and to all persons to whom the same was originally directed, and also to all constables within the limits of the jurisdiction of the magis- trate who indorsed the same, to execute such warrant within such last-mentioned limits, and to convey the person when apprehended to any place or places within the limits of the jurisdiction of the magistrate who issued the warrant, and to bring him before that magistrate or before any other magistrate having jurisdiction over such place or places as aforesaid ; and any magistrate before whom the person so apprehended is brought may proceed in the same manner as if such person had been apprehended within his jurisdiction. 5. Definition of terms.'] — For the purposes of this Act " com- petent magistrate" shall mean — In Scotland, — The Lord Justice General, the Lord Justice Clerk, any of the Lords Commissioners of Justiciary, any Sheriff [or Steward] Depute or Substitute, or any Justice of the Peace : [words in brackets repealed by S. L. R. Act, 1893.] In Ireland, — Any Justice of the Peace or any Judge of Her Majesty's Court of Queen's Bench, or any Justice of Oyer and Terminer or of Uaol Delivery : In the Channel Islands, — In Jersey, the Bailiff or any Lieutenant Bailiff within his Bailiwick or Jurisdiction. In Guernsey, the Bailiff or any Lieutenant Bailiff within his Bailiwick or Jurisdiction : 81 d- 32 Vict, <■. 107, s. 5. 401 In Alderney, the Judge of AJderney, or in his absence any Sect. 5. Jurat of such Island : In Sark, the Seneschal of Sari:, or in his absence his Deputy within such Island. ••Constable" shall include any peace officer or person authorised to apprehend persons charged with offences : •• Warrant " shall include any process in the nature of a warrant. S.J. A. D D 402 APPENDIX OF STATUTES AND PARTS OP STATUTES RELATING TO JURISDICTION AND PRACTICE OP COURTS OF SUMMARY JURISDICTION. Contents. PAOK 11 & 12 Vict. c. 44 (The Justices Protection Act, 1848) 405 35 & 36 Vict. c. 26 (The Review of Justices Decisions Act, 1872)... 424 20 & 21 Vict. c. 43 (The Summary Jurisdiction Act, 1857) State- ment of Case. 425 12 & 13 Vict. c. 45 (The Quarter Sessions Act, 1849, commonly called Baines' Act) ... ... ... ... ... ... ... 448 3 Geo. 4, c. 46, ss. 2, 3, 5, 6 (The Levy of Fines Act, 1822) 456 14 & 15 Vict. c. 55, ss. 9 — 12 (The Criminal Justice Administration Act, 1851) 459 40 & 41 Vict. c. 43 (The Justices Clerks Act, 1877) 461 45 & 4<> Vict. c. 50, s. 159 (The Municipal Corporations Act, 1882) 467 7 Geo. 4, c. 64 (The Criminal Law Act, 1826), ss. 1, 5, 6, 12, 13 ... 468 22 & 23 Vict. c. 17 (The Vexatious Indictments Act, 1859) ... 470 30 & 31 Vict. c. 35, ss. 1 and 2 (The Criminal Law Amendment Act, 1867) 473 30 & 31 Vict. c. 35, ss. 3, 4, and 6 — 10 (The Criminal Law Amend- ment Act, 1867) 474 61 & 62 Vict. c. 36 (The Criminal Evidence Act, 1898) 477 42 & 43 Vict. c. 22 (The Prosecution of Offences Act, 1879) ... 481 47 & 48 Vict. c. 58 (The Prosecution of Offences Act, 1884) ... 484 Regulations under 42 & 43 Vict. c. 22, and 47 & 48 Vict. c. 58 ... 485 52 & 53 Vict. c. 12 (The Assizes Relief Act, 1889) 487 7 Geo. 4, c. 64, ss. 22— 25 (The Criminal Law Act, 1826) 489 14 & 15 Vict. c. 55 (The Criminal Justice Administration Act, 1851), ss. 2, 5, 6, 7, 8, 13, 17, 18, 19, 23, and 24 492 29 & 30 Vict. c. 52 (The Prosecutions Expenses Act, 1866) ... 495 ( 'ontente. — . ippendi c. 403 PAGE 30 & 31 Vict. c. 35, s. 5 (The Criminal Law Amendment Act, 18G7) 497 Secretary of State's Order, February 9th, 1858 499 February 14th, 1863 505 December 21st, 1895 506 2 & 3 Vict. e. 71, s. 13 (The Metropolitan Police Courts Act, 1839) 506 5 & 6 Viet. c. 109, s. 17 (The Parish Constables Act, 1842) ... 507 21 & 22 Vict. r. 73 (The Stipendiary Magistrates Act, 1858) ... 508 32 & 33 Vict. c. 34, s. 2 (The Stipendiary Magistrates Act, 1869) ... 509 51 & 52 Vict. c. 23 (The Recorders, Magistrates, and Clerks of the Peace Act, 1888) 510 45 & 46 Vict. c. 50, s. 161 (The Municipal Corporations Act, 1882) 511 32 & 33 Vict. c. 62, s. 5 (The Debtors Act, 1869) 511 38 & 39 Vict. c. 55, s. 254 (The Public Health Act, 1875), Appli- cation of Penalties ... ... ... ... ... ••• ••• 513 45 & 40 Vict. c. 50, s. 221 (The Municipal Corporations Act, 1882) 513 50 & 51 Vict. c. 25 (The Probation of First Offenders Act, 1887) ... 514 61 & 62 Viet. c. 41, ss. 6, 9, 11, 12, and 16 (The Prison Act, 1898) 515 52 & 53 Vict. c. 63 (The Interpretation Act, 1889) 521 Rules and Forms ri8861 under the Employers and Workmen Act, 1875 536 D 1) 2 404 X O T E The arrangement of the 6th and 7th Editions of "The Summary Jurisdiction Acts" has been followed in regard to the Statutes in the Appendix, i.e., they have been sub- divided into groups, and where a Statute (e.g., 30 & 31 Vict, c. 35, or 14 & 15 Vict. c. 55) deals with more than one subject, its various sections are arranged according to the subject-matter. 405 APPENDIX. THE JUSTICES TEOTECTION ACT, 1848. 11 & 12 VICT. Cap. 44. An Act to protect Justices of the Peace from vexatious Actions for Acts App. done by them in execution of their Office. [14th August, 1848.] 1. An action against a justice for an act within his juris- diction, shall be on the case as for a tort. — Every action hereafter to be brought against any justice of the peace for any act done by him in the execution of his duty as such justice with respect to any matter within his jurisdiction as such justice, shall be an action on the case as for a tort ; and in the declaration it shall be expressly alleged that such act was done maliciously, and with- out reasonable and probable cause ; and if at the trial of any such action, upon the general issue being pleaded, the plaintiff shall fail to prove such allegation, he shall be non-suited, or a verdict shall be given for the defendant." This statute is printed without the words repealed l>y the Statute Law Revision Act, L891. By the Public Authorities Protection Act, 1893(66 & .~>7 Vict. c. 61), justices are no longer entitled to plead the general issue ; see note to section 10, post. Before the passing of this statute if a conviction had actually been quashed, then by the Justices Protect ion An. L 803 (43 Geo. 3, c. 141), s.l, in any action brought against a justice on account of any act. matter, or thing done by him in respect of such conviction, the plaintiff could only recover nominal damages and the amount of the penalty (if one had been imposed and levied), and costs of suit only when the action was an action on the case, and the acts alleged to be done by the justice were expressly alleged in the declaration to be done maliciously and without reasonable and probable cause. And this Act was construed to extend only to cases in which something had been irregularly done by the justice in the matter within his jurisdiction. In the present section, however, there is no distinction between cases in which the conviction or proceed- ing has been quashed and where it has not. In both cases if the matter complained of were done by the justice in a matter of which he had 406 The Justices Protection Act, 1848. App. jurisdiction, the action must be an action on the case, and the declaration must allege the act to have been done maliciously and without reason- Note able and probable cause, and the allegation must be proved as laid. t° Protection of justices acting- as such.. — A judgment of KELLY, C.B., Sect.l. j^ srott v. Stansjield, L. R. 3 Exch. 220 ; 37 L. J. Ex. 155 ; 16 W. R. 911 ; 18 L. T. 572 (which was an action for defamation against a county court judge), may be usefully quoted in reference to the protection given to justices by this Act : — " It is essential in all courts that the judges who are appointed to administer the law should be permitted to administer it under the protection of the law independently and freely, without favour anil without fear. This provision of the law is not for the pro- tection or benefit of a malicious or a corrupt judge, but for the benefit of the public, whose interest it is that the judges should be at liberty to exercise their functions with independence and without fear of tun- sequences. How could a judge so exercise his office if he were in daily and hourly fear of an action being brought against him ? " See also the judgments in Garnett v. Ferrand, 6 B. & C. 626. and Rendition v. Maltby, Car. & Mar. 402 ; 2 M. & R. 438, where it was held that an action wi'll not lie against a justice for words spoken in giving judgment in a case reflecting on conduct of witnesses in such case. Whether action lies against a justice for a judicial act. — It seems that the first section of this Act is wide enough in its language to imply that actions against justices acting judicially in a matter within their jurisdiction are maintainable ; but it may well be doubted whether such is the true meaning of the section. And from the principles in the above quoted judgment of Kelly, C.B., and the decisions in Dawkins v. Lord Rokeby, L. R. 8 Q. B. 255 ; 7 H. L. 744 ; 45 L. J. Q. B. 8 ; 33 L. T. 196 ; 23 W. R. 931 ; and Gelan v. Hall, 27 L. J. M. C. 78 : 2 H. & N. 37'J : 2] J. P. 710, it would seem that no action is maintainable against a justice acting judicially in a matter within his jurisdiction for a malicious act done by him in that capacity. In Gelan v. Hall the declaration alleged that the defendant unlawfully, maliciously, and without reasonable and probable cause convicted the plaintiff. The court, in a considered judgment, said, " A rule was obtained on behalf of the defendant to set aside the verdict as being against the evidence, and also to arrest judgment, on the ground that the court above mentioned disclosed no legal cause of action. Upon the latter point we have bestowed much careful consideration, and we are not at present prepared to hold the count bad." Judicial and ministerial acts. — Should it be correct to say that no action lies against a justice for a judicial act, it will be necessary to dis- tinguish between judicial acts and those merely ministerial. In " Paley on Summary Convictions" (7th ed.). p. 21, a number of ministerial and judicial acts are mentioned, to which it will be useful to refer. Declaration. — The term " declaration " will now apply to the state- ment of claim in proceedings in the High Court ; or by section 1 1 of this statute, pout, to the summons in proceedings in a county court as stating the substance of the action. A declaration against justices, where it sufficiently appeared that they had acted without jurisdiction, was held to be good, although it contained no allegation that they had acted maliciously, and without reasonable and probable cause. Pease v. Chaytor, :il L.J. M. C. 1 ; 27 J. P. 309 ; s Jur. 482 ; 1 P.. & S. 658 : 5 1,. 'I'.' 280 ; 3 P.. & S. 620 ; 32 L. J. M. C. 121 ; 9 Jur. 664 : 8 I.. T. 613 ; and 11 \V. P. 563. 11 dc 12 Vict. c. 44, *. 1. 407 In an action against a magistrate fox a malicious conviction the App. question is not whether there is any actual ground for imputing the — . crime to the plaintiff, but whether upon the hearing there appeared to Note be none. The plaintiff must prove a want of probable cause for the to conviction, which he only can do by proving what passed upon the Sect. 1. hearing before the magistrate when the conviction took place. The magistrate has nothing to do with the guilt or innocence of the offender excepl as they appear from the evidence laid before him — perGlBBS, C.J., Burley v. Bethune, .". Taunt. 583 : ami see Rogers v. Jones, 5 D. k R. 268 : 3 B. & C. 409 ; K. ft M. 129. Sections 1 and 2 to be read togrether. — This section and section 2 are to be read together : and section 2. it will be seen, applies only to - cas.-s where the Act in respect of which the action is brought against the justice is itself an excess of jurisdiction ; see also p. 412. past. In Kirby v. Simpson, L0 Exch. 358 ; 23 L. J. M. C. 155 : 18 Jur. 983 ; 18 J. 1'. 696, Baron 1'latt thus comments on the two first sections of this Act : — "The first section which applies to the case of a magistrate acting within his jurisdiction does not make it necessary that the convic- tion should be set aside before the case be brought. L!ut by the second section, in which the case is contemplated of a person acting wholly without jurisdiction, the conviction must first be set aside. One would have supposed the Legislature intended to provide for the opposite result : namely, that when a magistrate acts maliciously and without reasonable and probable cause, but within his jurisdiction, it should be necessary to remove that which prevents the action, namely, the conviction ; and that in a case where the party .acted wholly without jurisdiction to leave it where it stood.'' See also the judgment of Coleridgk. J., in Barton v. Bricknell, post, p. 412. Where section a protection. — This section has been held to protect a justice under the following circumstances : — An order of affiliation having been made on the plaintiff he gave notice of appeal and entered into the recognizance, &c. The quarter sessions confirmed the order subject to a case. Afterwards upon non-payment of the sum ordered a justice of the peace issued his warrant to take the plaintiff before two justices. In an action of trespass it was held, that neither the giving the notice of appeal nor the statement of a case was a suspension of the justice's jurisdiction to issue a warrant under the Poor Law Amendment Act, 1S44 (7 & 8 Vict. c. 101 ). s. 3 : and that the granting of the warrant being for the purpose of a judicial inquiry whether or not the plaintiff ought to pay the money was within the justice's jurisdiction, and therefore the action was barred, there being no allegation that the act was done maliciously and without reasonable and probable cause. Kendal v. Wilkinson, 4 EL ,v_ B. 680 : 24 L. J. M. G. 89 : 19 .1. P. 467 ; 1 -Fur. 538. It has also been held that under this section trespass will not lie against a justice for committing a person to prison hi default of finding sureties to keep the peace. Hayloci v. Sparke, 1 E. k B. 471 ; 17 J. P. 272 ; 17 Jur. 731 ; 22 L. J. M. C. ''.7. But if such committal is for au indefinite time in default of fin ding -meties, an action will lie against the committing justice, and bona fides is no defence. Priokett v. Gratre.v, 8 Q. B. 1021 : 2 New Bess. Cas. 42'J : 15 L. J. M. C. 140; 10 Jur. 566. Neither will an action lie for refusing to take bail on a charge of misdemeanor without proof of malice, as a justice's duty in this respect is not merely ministerial. Lin ford v. Fitsroy, 13 Q. B. 240 ; 408 The Justices Protection Act, 1848. App. 13 J. P. 474 : 18 L. J. M. C. 108 : 13 Jur. 303 : 3 New Sess. Cas. 438. - — See the judgment in this case quoted in note to 11 & 12 Vict. c. 42, Note s. 23, ante. *• In Bott v. Achroyd, 5 Jur. 1053 ; 28 L. J. M. C. 207 ; 23 J. P. 661, the Sect. 1. defendants, justices of the peace, convicted the plaintiff in a penalty and costs, or two months' imprisonment. Against this decision, which was given orally, the plaintiff appealed, and then at once left the court. A conviction and warrant of commitment were afterwards drawn up, in which blanks were left for the amount of costs to be inserted, and so signed by the defendants. The blanks were afterwards filled up by the justices' clerk, and the plaintiff was arrested on the warrant, when he for the first time became aware of the amount of costs. It was held that the signing in blank was a mere irregularity and not an excess of jurisdiction, and that the plaintiff having brought an action for false imprisonment was rightly non-suited under section 1 of 11 & 12 Vict. c. 44. Lord Campbell saying. "By section 1, where an action is brought against a justice for an act done by him within his jurisdiction, malice must be alleged and proved. Now here the magistrates were clearly acting within their jurisdiction ; although the signing the warrant in blank was irregular, it was no more than an erroneous exercise of jurisdiction, and not an excess." A distinction must be drawn between a mistake or irregularity in point of law and a want or excess of jurisdiction. " We must take care that we do not go too far and say that in every case in which the justices come to a wrong conclusion that they act without jurisdiction. Their jurisdiction is to decide the law and the fact." R. v. Sussex J J.. 26 L. J. M. C. 74 : 7 E. & B. 220 ; Jt. v. Lundie, 31 L. J. M. C. 157. 160. Informal exercise of jurisdiction. — And in Haqloch v. Spark-e 1 E. & B. 471 ; 22 L. J. M. C. 67 : 17 Jur. 731 ; 17 J.P. 262, where it was held that a justice had jurisdiction to require sureties for good behaviour of a person charged with having published a libel calculated to incite a breach of the peace, and in default to commit to prison, and therefore was not liable to an action of trespass, although the warrant had required the libeller to find sureties and to keep the peace, and had been quashed : the court were of opinion that the justices had intended to exercise the jurisdiction which they possessed — that is, to require sureties to be of good behaviour — and that it was a case of jurisdiction informally exercised. In the following case justices were held not to be liable to an action for making an order for payment of church rates, which was afterwards quashed, and costs thereby incurred by the ratepayer. Upon a summons for non-payment of church rates the ratepayer set up a demand by the collector for the rate, and a refusal by himself to pay it more than six months before the application for the summons, in order to oust the jurisdiction of the justices under 11 & 12 Viet. c. 13, s. 11, on which the other side proved a second demand and refusal within the six months ; whereupon the justices made an order for payment under the Eccle- siastical Courts Act, 1813 (53 Ceo. 3. c. 127). " This order having been removed was quashed, on the ground that the cause of complaint was complete on t he first demand and refusal. In the course of the argument, HlLL, J., said that the justices merely gave a wrong decision in the course of exercising their jurisdiction ; if the plaintiff were right, then an action will lie in every case where a conviction is quashed for the costs 11 d- 12 Vict. c. 44, 8. 1. 409 of getting it quashed. The true rule, he added, was laid down in App. Barton v. Bricknell, post. p. 4r_ > : and unless malice can be shown, the action cannot be maintained. Somerville v. Hirehouse, 3 L. T. 294 : 25 • Note J. P. 21:1 1?. .V: S. 652 : 9 W. R. 53. t0 A justice of the peace is entitled to the protection of sections 7 and 8 Sect. l. of 12&13 Vict.c. If. (The Justices Protection (Ireland) Act, 1849, similar in terms to this statute), with respect to any act done by him under the bond fide belief in the existence of a state of facts, which if existing would have justified the act as an act done by him in the execution of his office. The reasonableness of such a belief is not essential to his right to claim the benefits of these provisions. And upon an application under that Acl to sel aside proceedings in an action against a justice for an act alleged to have been done by him in execution of his office, the affidavit in support thereof must show not only that lie bond fide believed that he was authorised as such justice to act as lie did, but also must allege facts showing that such a belief might have been entertained. An allegation that the act complained of was done bona fide without malice and in ignorance of any cause against the doing thereof, and was done in the execution of his office as such justice, is insufficient; the affidavit should state the facts proved before the justice and the belief formed by him upon them. Bochfort v. Rynd, 8 L. R. Ir. 204 ; and see Chamberlain v. King, L. R. 6 C. P. 474 ; 40 L. C. P. 73 ; 24 L. T. 736 ; 19 W. R. 931. In Cave v. Mountain, 1 Man. & G. 257 ; 1 Scott, N. R. 132, it was held that, a magistrate who commits a person in a case where he has no juris- diction is liable to an action of trespass : but where supposing the facts alleged to be true the magistrate has jurisdiction, his liability to be sued or his exemption from such liability on the ground of jurisdiction, cannot be affected by the truth or falsehood of these facts, or by the sufficiency <>r insufficiency of the evidence adduced for the purpose of establishing them ; Tindal, C.J., saying, li That the information does not disclose any legal evidence of the prisoners guilt is true : it states nothing beyond mere heresay, upon which neither judges nor juries could act. But at the utmost this amounts to no more than an error of judgment on the part of the magistrate, and no case can be found in which a magis- trate has been made liable in trespass for a mere error in judgment. See 1 East, 563, in which Wilson. J., in the case of Drew v. Coulton, there reported, said. "If a justice of the peace commit any error within his jurisdiction, I know of no case where such an action will lie against him. It would be a very different ease if the defendant had acted from any malicious or improper motive, or with any want of bona fides, in which case he would be liable in a different form of action." In Hope v. Ecered, 55 L. J. M. C. 146 ; 17 Q. B. D. 338 ; 55 L. T. 320. it was held that where a person bond fide makes a statement of facts to a justice upon sworn information, and such justice, after considering the sufficiency of such facts, issues a search warrant under section 10 of the Criminal Law Amendment Act, 1885 (48 cV 49 Vict. c. 69), an action will not lie against the informant for maliciously and without reasonable and probable cause obtaining a warrant, where upon its execution it is discovered that he has been mistaken; COLERIDGE, C. J., saying in his judgment : "If the person who puts the justice in motion does no more than state the grounds of suspicion, and the justice agrees to think that it has been made to appear to him that such person is acting bond fide, and 410 The Just ires Protection Act, 1848. App. has reasonable eause to suspect that the woman is unlawfully detained, — - that is, in my judgment, an answer to an action of this kind. The Note magistrate acts judicially, and though I do not say that an action will t° nut lie if a person abuses the provisions of the statute for the oppres- sed. 1. ,j lin f an individual, ami fraudulently persuades the magistrate of that which is not the fact, yet I do say that if there are bona fides and the matter is stated fairly and fully to the magistrate, and he comes to the conclusion that there is reasonable ground to suspect that the woman is being unlawfully detained, his proceeding is an answer to an action." See also Lea v. Charrington. L. R. 2:? Q. B. D. 272. And where a justice issued his warrant on a sworn information charging a felony, and the evidence at the hearing substantiates the charge and the offender is committed to prison, the committing magis- trate is not liable in trespass if the charge afterwards turns out to be unfounded. Mills v. Collett, 3 M. & 1'. 242 ; 6 Bing. 85 ; and see Pike v. Caster, 10 Moore, 371! ; 3 Bing. 78 ; and Lowther v. Radnor, 8 East, L13. Misconduct of justice. — The remedy provided by this statute for a wrong committed by a justice upon an individual is quite distinct from the proceedings against a justice for impelling the course of justice. A magistrate is properly answerable to a criminal charge for misconduct in his office, though in such misconduct he may not be actuated by any motive of pecuniary interest, and though he may not mean maliciously to injure any individual. If he gives way to passion, or if in doing anything connected with the administration of justice he is guilty of any impropriety of demeanor so as to affect the due discharge of his duties, the Court of Queen's Bench may direct that his conduct be laid before a jury. Mere errors of judgment will not, how r ever. afford a ground for a criminal information against a magistrate. In the following case it was held, that though the conduct of a justice of the peace had been irregular and injudicious, still there was no suffi- cient evidence of corruption to induce the court to grant a rule for a criminal information against him. Seven artizans who left their master's employment without notice one morning were the same afternoon appre- hended under a warrant, handcuffed, and imprisoned till next morning at seven o'clock, when they were taken before the justice, who refused their request to postpone the hearing till they procured legal assistan :e, and who heard all the cases in a lump, without taking each separately, and awarded to each the punishment of forfeiture of one day's wages. Ex parti* Higgins; Beg. v. Lipscombe, 25 J. P. 72(5. Actions ag-ainst constables. — By the Constables Protection Act, 1750 (24 Geo. 2, c. 44), s. <">. no action shall be brought against any constable, headborough, or other officer, or against any person or persons acting by his order and in his aid, for anything done in obedience to any warrant under the hand or seal of any justice of the peace, until demand hath been made or Left at the usual place of his abode, by the party or parties intending to bring such action, or by his, her. or their attorney. or audit in writing, signed by the party demanding the same, of the perusal and copy of such warrant, and the same hath been refused or jlected for the space of six days after such demand ; and in case, af'i<-i such demand and compliance therewith, by showing the said wan-ant to, and permitting a copy to be taken thereof by the party demanding the same, any action shall be brought against such constable, headborough, or other officer, or against such person or person- acting in his aid for 11 & 12 Vict. c. 44, s. 2. 411 any such cause as aforesaid without making the justice or justices who App. signed or Bealed the said warrant defendant or defendants, thai on — producing and proving such warrant at the trial of such action, the jury Note shall give their verdict for the def endanl or defendants notwithstanding to any defect of jurisdiction in such justice or justices ; and if such action Sect. 1. be brought jointly against Buch justice or justices, and also against such constable, headborough, or other officer or person or persons acting in his or their aid as aforesaid, then on proof of such warrant, the jury shall rind for such constable, headborough, or other officer, or for such person and persons so acting as aforesaid, notwithstanding such defect of juris- diction as aforesaid ; and if the verdict be given against the justice or justices, thai in such case the plaintiff shall recover his, her. or their costs against him or them, to be taxed in such manner by the proper officer, as to include Buch costs as such plaintiff or plaintiffs are liable to pay to such defendant or defendants for whom such verdict shall be found a< aforesaid. By section 8 (repealed, but re-enacted in effect by 5t> Oox ('. ('. 625 ; 47 L. 4. M. C. 67 ; 42 J. P. 424. Procedure by statute not followed. — In Mitchell v. Foster, 1 2 A. & E. Sect. 2. 414 The Justices Protection Act, 1848. App. 472 ; 4 P. A: D. 450 : 9 D. P. C. 557, where penalties are to be recovered before justices by information, and summons issued at least " ten days Note before hearing," and where the conviction showed that the time provided t° by the statute had not elapsed between the service of the summons and the hearing, and that the defendant had been convicted on an ex parte hearing in default of appearance on such day, it was held that the conviction was no bar to an action of trespass against the justice who enforced the conviction. Where section does not give protection. — In the following case a justice of the peace was held to have acted without jurisdiction, and to be liable to an action, and not protected by 11 & 12 Vict. c. 44. s. 1. The 7 and 8 Geo. 4, c. cviii., s. 13, empowers certain persons to make a rate upon the owners of Stratford Abbey Lands, and section 15 empowers a justice, on proof of demand and refusal to pay, to enforce payment by distress warrant ; section 16 requires the warrant to be directed to the collector ; section 36 gives power of appeal against the rate to any person claiming exemption on the grounds that the lands rated are not Abbey Lands ; and by section 42 the decision of quarter sessions on appeal is final. The plaintiff having been rated and refused to pay. 1)., a justice, issued a distress warrant directed to S., the collector, who executed it. The plaintiff sued D. & S. in trespass, and the jury found that the land in respect of which the rate was made was not Abbey Land. The court held, first, that the plaintiff was not bound to appeal to the sessions, but might try the validity of the rate by an action of trespass ; second, that D. had acted without jurisdiction, and was liable to such action, and not protected by 11 & 12 Vict. c. 44 ; and third, that S. being the person to whom the warrant was directed, and who was required to execute it, was an officer of the law. and protected by the Constables Pri (tection Act. 1 750 (24 Geo. 2, c. 44), s. 6, post. Pedley v. Dams, 32 L. J. C. P. 374 ; 8 Jur. 263 ; 26 J. P. 343 ; 10 C. B. (n.s.) 492 ; 5 L. T. 253 ; Lawrenson v. Hill, 10 Ir. C. L. R. 177. A warrant issued by a justice founded upon an information which discloses no criminal offence cannot be sustained by proof that there was in fact parol evidence on oath given which conveyed a criminal charge. Trespass is maintainable under the Justices Protection (Ireland) Act, 1849 (12 & 13 Vict. c. 16), s. 2, Irish Act (similar in terms to section 2 of this Act), if, in the particular act of issuing the warrant, the magistrate acted without, or in excess of, jurisdiction, although he had a general jurisdic- tion over the subject-matter of the inquiry. In such a case the magistrate is not protected by section 2 of 12 & 13 Vict. c. 16, although he londfide believed that he was acting within his jurisdiction. And see West v. Smallwood, 3 M. & W. 418 ; 6 D. P. C. 580 ; 2 Jur. 428. In Bessell v. Wilson, 1 E & B. 489 ; 22 L. J. M. C. 94 ; 17 J. P. 567 ; 17 Jur. 664, it was held that a summons to appear after conviction to show cause against being committed in default of paying a fine is not the summons mentioned in this section. 3. Provision where one justice makes a conviction or order and another grants a warrant. — Where a conviction or order shall be made by one or more justice or justices of the peace, and a warrant of distress or of commitment shall be granted thereon by some other justice nf the peace bond fide and without collusion, no action shall be brought against the justice who so granted such warrant by 11 & 12 Vict. c. 44, 8. 5. 415 reason of any defect in such conviction or order, or for any want of App. jurisdiction in the justice or justices who made the same, but the — action (if any) shall be brought against the justice or justices who ec ' ' made such conviction or order. This section prevents a justice from being made liable for the acts of another, and confines his liability to his own acts only. 4. Provision where distress warrant issued for poor rate — Exercise of discretionary power by justice. — Where any poor rate shall lie made, allowed, and published, and a warrant of distress shall issue against any person named and rated therein, no action shall be brought against the justice or justices who shall have granted such warrant, by reason of any irregularity or detect in the said rate, or by reason of such person not being liable to be rated therein; and that in all cases where a discretionary power shall be given to a justice of the peace by any Act or Acts of parliament, no action shall be brought against such justice for or by reason of the manner in which he shall have exercised his discretion in the execution of any such power. In a case where the justices refused to issue a distress warrant to enforce a poor-rate, the objection to the rate being that the house rated was not within the bounds of the particular parish, although they were shown this proviso, which protected them from any liability in issuing their warrant, the court granted a rule nisi in the alternative for a mandamux to issue, or a rule under the fifth section {Reg. v. J.I. of Great Yarmouth, 4 N. S. C. 313 ; 14 J. P.320), but it was afterwards discharged with costs (14 J. P. 320, 769), 1'atteson. J., saying (referring to Wearer v. Price, 3 B. & A. 40'J) that the section will not protect the justice where the land is not in the parish. See also Fumley v. Worthing ton 10 L. J. M. C. 81. See as to discretion, ante, pp. 18, 76, 124, 315, 317. 5. "Where justice acts under order of Queen's Bench. — In cases where a justice or justices of the peace shall refuse to do any act relating to the duties of his or their office as such justice or justices, it shall be lawful lor the party requiring such act to be done to apply b> Her Majesty's Court of Queen's Bench, upon an affidavit of the facts, for a rule calling upon such justice or justices, and also the party to be affected by such act, to show cause why such act should not be done ; aud if after due service of such rule good cause shall not be shown against it, the said court may make the same absolute, with or without or upon payment of costs, as to them shall seem meet; and the said justice or justices upon being served with such rule absolute shall obey the same, and shall do the act required; and no action or proceeding whatsoever shall be commenced or prosecuted againsi such justice or justices, for having obeyed such rule, and done such act so thereby required as aforesaid. Rule to justices. — It will not in all cases be the most expedient course to proceed under section 5 of 11 & 12 Vict. c. 44. when a question 416 Tlie Justices Protection Act, 1848. App. arises as to the justices' jurisdiction. The 2u & 21 Vict. e. 43, has pro- — vided a new means whereby the opinion of a superior court can be Note obtained on a point of law arising before the justices at petty sessions. to Where a rule had been moved for under 11 & 12 Vict. c. 44. s. 5, calling Sect. 5. upon the justices to show cause why they should not issue their distress warrant for levying a rate, or why they should not state a case under 20 & 21 Vict. c. 43,"Lord Campbell, C J., said that a special ea.se will be much more convenient. Luton Local Board of Health, app.. Bavin, reap., 6 Jur. 581 : 24 J. P. 677 ; 29 L. J. M. C. 173 : 2 E. & E. 678 : 2 L. T. 1 72. The court will not under this provision grant a rule merely to put the justices in motion. In Beg. v. Kesteven J J., 13 L. J. M. C. 78 ; 3 Q. B. 810 ; 8 J. P. 629, Lord Den'man, C.J., said that it must be taken to be generally known that the Court of Queen's Bench will not entertain a case in such a state of it as that their decision may merely operate to put the court below in motion : ami that the court is first to decide upon the case in one way or another ; upon that adjudication the court above is willing to say which way, upon the whole matter, the final decision should be. See\also Ex parte Lewis. 57 L. J. M. C. 108 : 52 J. P. 773 ; 16 Cox C. C. 419 ; 21 Q. B. D. 191. The issue of distress warrants for non-payment of rates is a ministerial and not a judicial act. and if the justices refuse to issue the warrant, application for a rule is properly made under 11 & 12 Vict. c. 44, s. 5. Beg. v. Marsham, 50 L. T. 142 ; 32 W. R. 157 : 4S .1. p. 4i>8 : and see B. v. Jefferson, post, p. 417. Where jurisdiction ousted by claim of right — Statute not merely for justices' protection. — An information was laid against P. under section 51 of the Highway Act. 1864, for encroachment on the highway. P. set up a claim of right to the land, and the justices were of opinion that such claim was bond tide, and thereupon refused to hear the case on the ground of want of jurisdiction. The informant applied under this section for a rule to the justices to show cause why they should not hear and determine the case. It was held that the application was properly made under this section, as its application was not limited to cases in which the justices need protection in the performance of their duties. B. v. PhiUimore. 14 Q. B. D. 474 : 51 L. T. 205 : 32 W. K. 593 ; 48 J. P. 774 ; and in 1!. v. Biron. 51 L. T. 429 : 14 Q. B. D. 474 : 54 L. J. M. C. 77 : 49 J. P. t'.s. it was held that a rule under this section and for a Manila mux calling upon justices why they should not proceed to hear and determine the matter of an application for a summons are concurrent remedies. A rule under this section is not confined to cases in which the justices need protection in doing any act relating to their duties. And see 48 J. P. 164 as to the proper procedure when justices' jurisdiction is ousted by claim of right. The case of R. v. Percy, P. R. 9 Q. P.. 64 ; 43 L. J. M. C. 45 ; 22 W. P. 72 ; 38 J. P. 422. is now overruled by the last two eases. In B. v. Jiiron if was also held that an application under this section may be moved for by an applicant in person. (51 P. T. 429.) In a case where justices had decided as follows: — "Upon a careful consideration of the evidence ami the wording of the notice (which was dated the loth February, 1858, and by an error referred to 'the 23rd day of February next,' instead of the 23rd day of February instant - ), the magistrates ate of opinion that they are not in a position to order an assessment," in respect of damages under an inclosure Act, the court granted a rule commanding them to hear and decide the case. Lord 11 ,i 12 Vict. c. 44, s. 5. 417 CAMPBELL, C.J., Baying, "they have decided that they are not in a App. position to decide. Thai seems to he quite consistent with their having heard and nol decided. Their duty is to hear and decide." Thorning v. Note Bennett, 22 J. P. 399. Be< also /.'. v. Evans, 54 J. I'. i 7 1 ; 62 L. T. t70. to Where justices have convicted in penalties for matters within their Sect. 5. jurisdiction, and the convictions are regular in form, and there is no legal reason Bhownwhythe parties convicted havenot paid the penalties, the courl will feel bound to grant a rule under 11 & 12 Vict. c. 14, s. 5, tn tin- justices i" issue warrants to levy the amounts, and have no juris- diction to refuse to do so "" the ground of some supposed hardship in the number of the convictions, or the amount of the costs, tn >•<■ Hartley, 31 I.. J. M. C. 232 : 26 J. P. 138. Rule to enforce rate. — Where a person rated to a highway rate neglected to appeal against it in time, and upon being summoned to appear inf.. re a justice for nol paying it. showed a seemingly good ad of exemption, and the justice thereupon refused to is-ue a distress warrant against him ; upon an application for a rule that the justice should issue his warrant, the court held that the party was liable to the rate, as he had not appealed against it. and they therefore made the rule absolute commanding the justice to issue a distress warrant for it- recovery. Reg. v. Oxfordshire •/•/.. 18 L. J. .M. C. 222 : 6 Dowl. k L. 288 : 1 1 Jur. 57o : 13 J. P. 145. In Reg. v. Shropshire JJ., K* Q. B. 654, cited in Reg. v. Oxfordshire, J. P. 1849, p. 315 : :> N. S. C. *'»4 1 ; it was also held that a rule under 11 »V 12 Vict. c. 41. is nol the proper remedy to try the validity of an exemption from the highway rate, but in this case the I ime E< >r appeal had not gone by. But the courl will not in all cases interfere under this section, in cases of much complexity or difficulty, or where the question is of such import- ance thai the pai tie- ought to have their right of appealing to a higher tribunal, in ease they should be dissatisfied with the decision of the Court of Queen's Bench, thai court will nol in general interfere, hut will Leave the party to hi- remedy by mandamus. The Courl of Queen's P.cnch is bound to interfere in cases where justices refuse to issue a warrant which I hey < lUghi to issue ; and that courl will enforce a rule against the justices in such a case though there may be no information before the court as to whether any, or what evidence was given before the justices at the hearing, or what the defence was. In such a case all that the court requires is that the facts of tin' case authorised the ag of the warrant, and that the justices refused to issue it. Reg.x. Deverell, :•> El. & Bl. 372 ; L3 L. .1. Ml. C. 121. A party claiming an exemption from highway rates should appeal against the rate, ami if he ha- allowed the time limited for appeal to expire, he cannol sel up the claim to exemption as an answer to a rule under 1 1 & 12 Vict. c. 1 1. -. •">. calling upon the justice to issue a distress warrant. Bletchingtony. P< yton, 'i Dowl. & L. 288. In the case of R. v. Jefferson, 48 J. P. 393, where J. was rated as occupier of premises in D. parish, and also in 6. parish, but paid the rate- to 1 >. and did not appeal against the tale made by <>. palish, on an application by the < ;. overseers for a distress warrant the justices having ■ lei ■lined to issue it. a rule under this section was moved for. It was held that tin.' title must he made absolute, without costs, and that J.'s proper course was to appeal against the next rate to the quarter sessions, when the quest ion of boundary could be conclusively decided. It was formerly law that on the hearing of a complaint for non-payment s.J. a. E 1: 418 The Justices Protection Act, 1848. App. of a rate the justices are bound to issue their distress warrant, and have no power to state a case under 20 & 21 Vict. c. 43, and that the Note proper course was to appeal against the rate if it be objected to. He//. to v. Newman and Others. .J.I. of Gloucestershire, 2'J L. J. M. C. 117. See Sect. 5. also Wlieeler v. Brimington Overseers, and Sparrow v. Impington Over- seers, 29 L. J. M. C. 175 ; and 6 Jur. 953. But since 1884 it is other- wise, and justices have power to state a case in such a matter. Reg. v. Lord Mn gor of London ami Brown,52 J. P. 70 ; 57 L. T. (U.S.) 4!)1 ; and see also Fourth City Mutual Building Society v. Churchwardens, %c, of Fast Ham, L. R. 1892, 1 Q. B. 661 ; 56 J. P. '440. "Validity of justices' order. — The Court of Queen's Bench will inquire into the validity of an order of justices before compelling them under section 5 to grant a warrant of distress to enforce such order, and will refuse a rule for that purpose when the order appears to be invalid. A party upon appearing before justices for non-payment of a church rate under the Ecclesiastical Courts Act, 1813 (53 Geo. 3, c. 127), s. 7, stated to the justices that he disputed the validity of the rate, ami specified several objections ; whereupon the justices adjourned the hearing to admit of the party in the meantime taking steps to dispute the rate. Upon the day of adjournment no such steps having been taken, the justices made an order for the payment of the amount claimed, but afterwards declined to issue a distress warrant to enforce such order. — Held, that the order was made without jurisdiction, as a bond fide objec- tion to the rate had been taken ; and, therefore, that a rule under section 5 would not be granted to compel the issuing of such distress warrant. II. v. Collins, 21 L. J. M. C. 73 ; 16 Jur. 422 ; 16 J. P. 230 ; 17 Q. B. 816. Though this section prescribes that if a justice shall refuse to do any act relating to his office he may be directed by rule of court to do it, the court is not authorised to order justices to draw up one joint conviction instead of two separate convictions against each of two persons against whom a joint information has been laid and determined by the justices. J, i re (ire and Osborne, 21 L. J. M. C. 112 ; IB. C. C. 31. Again, the Court of Queen's Bench will not interfere under this section in a case where the jurisdiction in the particular matter is given to the justices, as in such a case the justices are at liberty to disregard the opinion of the court if they dissent from it. Ex parte Board of Works, Westminster District, 21 J. P. 133, and Reg. v. Paynter, 3 Jur. 511 ; 7 E. & B. 328 ; 26 L. J. M. C. 102 ; 21 J. P. 626. where a magistrate upon a complaint regularly heard before him gave his opinion against the complainant ; but, at the request of the complainant, he refused to adjudicate for the purpose of enabling the complainant to take the opinion of the Queen's Bench. The defendant objected, and wished the magistrate to adjudi- cate and dismiss the complaint. It was held that there was mi such refusal to adjudicate as to entitle the complainant to a rule under seel inn 5. Question of fact within jurisdiction of justice. — Where owners of houses in a street having been summoned under the Metropolis Manage- ment Act, 1855 (18 &c 19 Vict. c. 120), to show cause why payment of paving expenses of such street should not be ordered, the police magistrate dismissed the complaint on the ground thai the street in question was not a '• new street" within the meaning of above statute. On a motion under section 5, calling on the magistrate to show cause why he should nnt hear and adjudicate, it was held that he had done so, and that this court would not therefore interfere. 11 :. ; 21 J. P. 340; 26 L. J. M. C. 128 ; 3 Jur. 744 ; 7 El. & B. 672 ; and see /.'. v. Dunn, 7 E.& I'.. 220 ; :; Jur. 341; 26 L. J. M. C. 71 ; and R. v. >'//c/7. 50 I.. '!'. 590; 46 .1. p. 68. And the Bame principle was upheld in Reg. v. Brown and Others, .1.1. of Monmouth. 3 Jur. 745 : 21 J. P. 357 : 26 L. .!. M. C. 183 ; 29 L. T. 160, where upon an information againsl one of several owners of a mine under the repealed statute (18 & 19 Vict. c. 108, s. I), after evidence had been taken in support of the cniniilaini.it was objected that uformation ought to have been laid against all the owners of the mine, and the justices, holding the objection good, thereupon dismissed the c : but the court held that the objection being untenable, and being a preliminary < in the nature of a plea in abatement, the justices had declined jurisdiction, and therefore the court made a rule absolute calling upon them under this sect ion to hear and adjudicate upon the case. In this case COLEKIDGE, J., gives a test by which to determine whether justices have exer< lined jurisdicl ion : — Test of adjudication. — "It' the objection be such that whatever the merits of the case, whether the defendant be guilty or not, the justices hold that they cannot decide on the merits owing to the objection, for ince, either for want of parties, or for want of notice, such holding urisdiction, and nol an adjudication." Upon a summons under section 77 of the Metropolis Manageme.nl Amendment Act, 1862 (25 & lv. Vict. c. 102), to enforce the apportion- ment of " paving expenses," a magistrate has power to receive evidence as to whether the actual expenditure was incurred, and incurred solely. in paving works. If. the magistrate refuses to receive such evidence, he may be directed to do so by mandamus. !!<■> ; :> E. & B. 47'J ; and Ex parti McLeod, 8 L. T. 700 : 25 J. P. 84. /.'. v. Byrdeand Otliers (JJ.~), andtlie Pontypool Gas Company, Ex parte Williams, 60 L. J. II. C. 17 ; and 55 J. P. 310. In this case a •_ras and water company were bound to complete a reservoir on a certain day, otherwise a penalty forevery week would be incurred. A prosecutor applied Eor a Bummons to justices five years after date, but they refused it on the ground that more than six months had elapsed under II & 12 Vict. e. 13, b. 11. Again prosecutor applied Eor a second summons on the iund of it- being a conl inuing offence : — //<•/(/. the justices were wrong n decliuing to issue the summons and to hear and determine the matter. It should be borne in mind thai this enactment protects the justic - only, and not the parties, if the warrant cannot be supported, and that under thi* section the court may issue process to the justices, even where E E 2 420 The Justices Protection Act, 1848. App. the law is not quite clear : and the person to be affected by the act com- manded may try the question by resisting the order of justices. Per Note Coleridge, J., in Reg. v. Cotton, 15 A. & E. 574. to Costs. — On motion against a justice under this enactment, as well as- Sect. 5. on motion for mandamus, the general rule is that the court will order the unsuccessful party to pay costs, and will not on the motion for costs enter into the merits of the original application. Reg. v. Ingham, 17 Q. B. 884 ; 21 L. J. M. C. 125. Further, with regard to proceedings under this- section, see Sparrow v. Impington, 21) L. J. M. C. 17(5 n. : *> Jur. 958. Where no cause is shown against a rule under 11 & 12 Vict. c. 44. s. 5. the court will not make the rule absolute with costs unless asked for by the rule. Leamington Priors v. Moultrie. 7 Dowl. & L. 311. The court will not give the respondent costs on dismissing an appeal against a decision of justices where the question is a fairly arguable one ; neither will they listen to an application for that purpose in the term after the decision. Coswell, app.. Cool;, resp.. 11 C. B. (n.s.) 242. Application must not be premature. — In re the Guardians of Neath, Time*. January 26. 1875, application was made by guardians for a maintenance order. The husband denied his liability and the legality of the marriage, and the justices' clerk advised if they made and enforced the order they might be liable to an action. They therefore declined to make the order. The Lord Chief Justice, in giving judgment, said, ••"We should be setting a very bad precedent if we acceded to this applica- tion. No one in the position of a judge ought to shrink from the discharge of his duty — according to what he believes to be his duty — from any fear of ulterior consequences to himself. And here the magis- trates really do not want the protection of the court, for they will not be liable to an action merely for making the order of maintenance. It is- only when the application is made to them to issue a warrant to enforce the order by distress that they can be under any liability to action of trespass supposing them to have had no jurisdiction : and then, that being a merely ministerial act, they may. having already exercised their judicial function, apply to us under Jervis' Act for protection. You are ' leaping before you come to the stile.' The magistrates will be quite right in applying for the pi'otection of the court under Jervis' Act in a case in which they are fairly entitled to it : hut they must first exercise their judicial mind and duty in hearing and determining the application before them. And they may come to us for protection when they reallj want it : but here at present they do not want it. and are not entitled to it." 6. Acts done under warrant when conviction is confirmed on appeal. — "Where a warrant of distress or warrant of commit- ment shall be granted by a justice'of the peace upon any conviction or order which, either before or after the granting of such warrant, shall have been or shall be confirmed upon appeal, no action shall be brought against such justice who so granted such warrant for anything which may have been done under the same by reason of any defect in such conviction or order. 7. "Where action is prohibited, proceedings may be set aside. — Where by this Act it is enacted that no action shall be brought under particular circumstances, if any such action shall be brought it shall be lawful for a judge of the court in which the- 11 a- 12 Vict. c. 44, 8. 12. 421 same shall be brought, upon application of the defendant, and App. upon an affidavit of farts, to set aside the proceedings in such — action, with or without costs, as to him shall seem meet. aeci - '■ 8 & 9. [Repealed by the Public Authorities Protection Act, 1893, 56 ,r 'i~ Vict. ■ . 61 ; see section 2.] 10. Action not to be brought in county court if defendant objects.— No action shall 1"- brought in any Buch county court against a justice of the peace for anything done by him in the execution of his office if such justice shall object thereto: andif within six days after being served with a summons in any such action such justice, or his attorney or agent, shall give a written o plaintiff in such action thai he objects to being sued in such county court for such cause of action, all proceedings after- wards had in such county court iu any such action shall be null and void. ! . early part of this section establishing a local venue, and enabling the defendant to plead the general issue, was repealed by the Public Authorities Protection Act, 1893 (56 -v .".7 Vict. c. 61). The word ■■-uch " in the expression "any such county court ov. this repeal is superfluous. I al venue is now abolished, and the place ol trial for actions comme id in the high court is regulated by Order xxxvi. i. 1. The defence must now be raised in the pleadings in accordance with irdinary rule-. " Certiorari."— It has been held that if a justice of the pei in the county courl for an act done in the execution of his office, and gives none,.- 'under this section that he objects to being sued there, the plaint cannot afterward- be removed by certiorari; for the words "all afterwards had in such county court in any such action -hall be null and void," render everything done in the county courl entirely nugatory, and place the matter in the -ante position as if the action had a brought. Western v. S/ieyd, 26 I.. -I. Exch. L61 ; 21 J. 1". 198 : 1 II. & X. 703. 11 & 12. [Repealedby Public Authorities Protection Act, 1893, 56 a- .">7 Vict. c. 61.] These sections dealt with tender, payment into court, &c. ! 1. infra, also repealed by the same Act. dealt with costs. In place of the sections of this Act, repealed by the Public Authorities •Mo,, Act. 1893 (56 & •".: Vict. <■. 61), the following provisions, which apply to action- brought against justices for acts done in the execution of their office, were substituted by •">•*> & 57 Viet. c. til. 1. Protection of persons acting in execution of statutory or other public duty. — ■•Where after the < imencemenl of this Act any action. .lion, or other proceeding is commenced in the United Kingdom against any person for any act d ■ in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, duty, or authority, the following provisions shall have effect : 422 The Justices Protection Act, 1848. App. (//.) The action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, Note neglect, or default complained of. or. in case of a continuance of to injury or damage, within six months next after the ceasing Sects. thereof: 11&12 (?/.) Wherever in any such action a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client : (>.) Where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or pay- ment, and the defendant shall be entitled to costs, to be taxed as between solicitor ami client, as from the timeof the tender or payment ; but this provision shall not affect costs on any injunction in the action : (d.~) If. in the opinion of the court, the plaintiff has net given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the court may award to the defendant costs to be taxed as between solicitor and client." This section shall not affect tiny proceedings by any department of the Government against any local authority or officer of a local authority. The rides regulating tender and payment into court in ordinary actions ate contained in Order xxii. of the Supreme Court Rules; see Annual Practice, 1899. Where the defence of tender is set up. the amount tendered musl be paid into court. R. 3. The principles dealing with payment into court with denial of liability are formulated in R. (i. The distinct inn bet ween the procedure introduced by this Act in respeel of tender and the ordinary rules appears to be that, under this Act. the judge has no power to deprive the successful defendant of costs, and the costs recovered are taxed as between solicitor and client, and not as between party and party. The provision in sub-section (<■/) is in substitution for the month's notice of action requisite formerly under the repealed section '.». The following cases under repealed sections of the Justices Protection Act, 1849, as to notice of action may be useful fiom this point of view : — It has been held that a magistrate acting in the execution of his office is by this section entitled to notice of action, although he may have acted maliciously, and without reasonable and probable cause. In such case the quesl ion whether he' acted bon&Jide, or u-r<\ his office colourably, does not ari>e. Kirby v. Simpson, It) Exch. 358 : 23 L. J. M. C. 155; 18 Jur. 983 : 18 J. P. 696. The notice of action musl state the substantial cause of action intended to lie relied on clearly and explicitly, and in such a manner as will not be likely to mislead the justice of the peace, ami SO probably prevenl his tendering amends under section 11. Taylor v. Nesfield,'d El. & P.. 721 ; l>:; L. .1. M. ('. lf.lt : IS Jur. 717 ; L9 .1. P. 663 : Mercer v. Gooch, 15 1.. T. 219. In reference to that case, Eble, .1.. said. "A justice is liable to !„■ used in two ways for act- done under his warrant : 11 <(• 12 Vict. c. 44. s. 13. 123 it' he has acted wiih.nit jurisdiction, he is liable for an action asfor a App. trespass; if he has acted within his jurisdiction he is also liable to an m, bui ia the latter instance it must be an action on the case, and Note must charge malice, and 1 think a notice of action in such a case musl to also charge malice. The notice of action will uol besufficient if it omit to Sects. state the place where the acl complained of was done, and a tender of 11 ft 12 amends will uol cure such a defect. Martins v. Upcher, 11 L. J. Q. B. 29] : 6 J. P. 474, whi3h, however, had reference to the Constables \ i. 1750 (24 Geo. 2, c. 44). It is doubtful whether a justice acting entirely without jurisdiction and colour of right, as in Agnew v. Jobson, ante, p. 413, is entitled to notice ander this section. With reference to an action in resped of a matter done in pursuance of mi Act of purl;,! in, at. it may be useful to quote the language of \\\\ LEY, J., in Smith v. Shaw, 10 1'.. & C. 284 : 5 fil & R. 225. According ie decision upon similar words a thing is to be considered as done in pursuant t the Act when Ihe person who does it is acting honestly and bona fide, eitherunder the powers which the Acl gives, or in discharge of the duties which it imposes. Though he may erroneously exceed the powers the Act gives, or inadequately discharge the duties, yet, if he acts bond fide in order to execute such powers or to discharge such duties, he is to be considered as acting in pursuance of the Act and is to In entitled to the protection conferred upon persons whilst so acting. T his is established by Gaby v. Wilts and Berks Canal Company, 3 M. \ S. 580. Theobald v. Crickmore, 1 B. & Aid. 227; Parton v. Williams, :> B. & Aid'. 330 ; and Smith v. Wiltshire, 2 Bro. & B. 619, and Cook v. Leonard, 6 B. & C. 351, establish the same point as to constables and other persons acting in obedience to a justice's warrant. Andseethe Constables Protection Act, 1750 (24 Geo. 2, c. 14), as to actions againsl constables. In order to entitle a party to the benefit of this Act he must be actually a justice of the peace. See per Pabke, B., in Hughes v. I hi, -hi ami. i:. M. & W. 356; and Bush v. Green, 4 Bing. X. C. H: Lidster v. Boirow, 9 A. & E.654. See note to section 1 of 11 .v 12 Vict, c. 42, as to qualification of justices, a nte. This section and the next do not apply to protect a county councillor sued for slander in respect of words spoken at a meeting of the county council for granting music and dancing Licenses under the Disorderly Bouses Act, 1751 (25 Geo. 2, c. 36), s. 2. Notwithstanding 51 & 52 Vict, c 11.—. 3,28, 78, and 100. Royal Aquarium, $c, v. Parkinson, L. R. L892, 1 Q. B. 131 ; 61 I.. J. Q. B. 109 ; 66 L. T. 513 ; 40 W. R. 450 : 56 .1. P. 104 ; 8 T. L. R. 1 14,352. Semble, " words spoken,'! are not "anything done."' within the meaning of tin- section. Per Fry, L.J., Royal Aquarium, ,v<-.. v. Parkinson, supra. 13. Damages. — In till cases where the plaintiff in any such action shall be entitled to recover, and he shall prove the levying or payment of any penalty or sums of money under any conviction or orders as parcel of the damages he seeks to recover, or it' he prove that he was imprisoned under such conviction or order, and shall seek to recover damages for any such imprisonment, he shall not he entitled to recover the amount of such penalty or sum so 13. 424 The Justices Protection Act, 1848. App. levied or paid, or any sum beyond the sum of twopence as damages for such imprisonment, or any cost of suit whatsoever, if it shall be r™' proved that he was actually guilty of the offence of which he was so convicted, or that he was liable by law to pay the sum he was so oi'dered to pay, and (with respect to such imprisonment') that he had undergone no greater punishment than that assigned by law for the offence of which he was so convicted, or for non-payment of the sum he was so ordered to pay. 14. [Repealed by Public Authorities Protection Act, 1893, 56 & 57 Vict.r. 61.] See note to sections 11 and 12 of this Act, ante. 15. Extent of Act. — This Act shall extend only to England and Wales and the town of Berwick-upon-Tweed. 16 & 17. [Sections 16 & 17 {repealing so much of 7 Jac. 1, c. 5 ; 21 Jac. 1, c. 12 ; 14 Geo. 2, c. 44, as relates to actions against justices of the peace, ami also 43 Geo. 3, c. 141, and all other Acts or parts of Acts inconsistent with the provisions of this Act), repealed by Statute Law II' vision Act, LS75.] 18. Application of Act to cases of protection under repealed Acts. — This Act shall apply for the protection of all persons for anything done in the execution of their office in all cases in which, by the provisions of any Act or Acts of parliament, the several statutes or parts of statutes hereinbefore mentioned and by this Act repealed would have been applicable if this Act had not passed. 19. [Repealed Statute Lair Revision Act, LS75.] THE EEVIEW OF JUSTICES DECISIONS ACT, 1*72. 35 & 36 VICT. Cap. 26. An Act to am vd flu- practice of the Courts of /.an- with respect to the. Review of the Decisions of Justices. [18th July, 1872.] 1. Short title. — This Act may be cited as " The Review of Justices Decisions Act, 1S72.'' 2. Affidavit of ground of justice's decision. Whenever the decision of any justice or justices is called in question in any superior court of common law by a rule to show cause or other 20 a- 21 Vict. e. 48, 8. '2. 425 process issued upon an ex /»»<•/. application, it shall be lawful for App. any such justice to make and file in such court an affidavil setting ~_ forth the grounds of the decision so brought under the review, and ■■«.* any facts which he may consider to have a material heaving upon the question at issue, "without being required to pay any fee in respect of tiling such affidavit or any stamp duty thereupon, and such affidavit maybe forwarded by post to one of the masters of the court for the purpose of being so filed. See 11 .V 12 Vict. c. H. s. o,ante. This affidavil mus< be sworn by the justice himself , and qoI by his clerk or a police constable. /.'. v. Sperling, 21 W. R. 461. 3. Consideration of affidavit.— -Whenever any Mich affidavit has been filed as aforesaid, the court shall, before making the rule absolute against the justice or justices, or otherwise determining the matter so as to overrule or set aside the acts or decisions of the justice or justices to which the application relates, take into con- sideration the matters set turth in such affidavit, notwithstanding that no counsel appear on behalf of the said justices. STATEMENT OF CASE BY JUSTICES FOB OPINION OF HIGH COURT OF JUSTICE. 20 & 21 VICT. Cap. 43. THE SUMMARY JURISDICTION ACT. 1857. 1. Interpretation. — In the interpretation and for the purposes of this Act, the following words shall have the meaning hereinafter assigned to them; that is to say, "Superior courts of law" shall for England mean the supreme courts of law at Westminster, and for Ireland the supreme courts of law at Dublin : " Court of Queen's Bench" shall mean for England the Court of Queen's Bench at Westminster, and for Ireland the Court of Queen's Bench at Dublin. For definition of "High Court"' and ••Supreme Court," see 52 & •">:'. Vict. c. 63, post. 2. Justices, on application of a party aggrieved, to state a case for the opinion of superior courts.— Alter the hearing and determination by a justice or justices of the peace of any information or complaint which he or they have power to determine in a summary way, by any law now in force or hereafter to be made, either 'party to 'the proceeding before the said justice or 426 Statement of Cane by Just tees, dec. App. justices may, if dissatisfied with the said determination as being- erroneous in point of law. apply in writing within three days after Sect. 2. the same to the said justice or justices, to state and sign' a case setting forth the facts and the grounds of such determination, for the opinion thereon of one of the superior courts of law to be named by the party applying ; and such party, hereinafter called "the appellant," shall, within three days after receiving such case, transmit the same to the court named in his application, first .uiving notice in writing of such appeal, with a copy of the case so stated and signed, to the other party to the proceeding in which the determination was given, hereinafter called '-the respondent." Effect of S.J. Act, 1879, s. 33. — Section 33, sub-section (2) of the S.J. Act. 1S7!». ante, preserves intact the procedure under 20 & 21 Vict. c. 4S. and a case may be stated either under the latter Act or alternatively under section 33 of the S. J. Act, 1879, and Rule 18 of the S. J. Rules, L886, ante, p. 230. But inasmuch as 20 & 21 Viet. c. 13. is embodied in the said rule, and is extended by the S. .1. Act, 1879, it is generally advisable to state c under the combined statutes rather than under the older Act. It is now settled that even where a ease purports to be stated exclusively under 20 & 21 Vict. c. 43, the justices will be deemed to have stated it under all their powers, including those of 42 .V: 4H Vict. e. 19, s. 33. 3i Uochdale Building Society v. Mayor, Sfc, of Rochdale, 51 J. P. 134. And for the purposes of the note- upon this Act, it will be treated as amended and extended by s. .1. Act, 1879, and the S. J. Rules, L886. These amendments arc — (1.) The proceedings which may be made the subject of appeal pre- viously confined to the determination of an information or complaint are extended so as to include any conviction, order, or determination, or other proceeding of a court of summary jurisdiction. 42 & 43 Vict. c. 49, s. 33 (1 ). (2.) The ground of appeal which under 2n & 2L Viet. c. 43, was that the decision was erroneous in point of Law now may be alternatively thai it was delivered in excess of jurisdiction. 42 ic 43 Viet. c. 19, s. 33 (1). (3.) The time for making written application to the court is extended from three to seven days after the decision of the court of summary jurisdiction. S.J. Rules, 1886, r. 18. (4.) A copy of the written application must be served upon the clerk of the court in addition to the service of the original upon the justices. S. .1. Rules, 1886, r. 18. I 5. i The case shall be stated within three calendar months after the dale of the application, and after the recognizances shall have been entered into. Justices granting- case. — Justices should not grant a case for the opinion of the court when the application appears to them to be frivolous. A case ought not to be granted unless some doubtful point of law has ; ! raised fit to be referred to the superior court : and it should be borne in mind that the court has no jurisdiction to say anything but whether the justices did right or wrong in the particular case, and to answer the questions submitted to the court by the justices. See the 20 «(' 21 Vict. c. 13, s. 2. 127 observations of Blackbubn, J., on this point in St. Batolpli v. 117//'/,- App. chapel, 2 L. T. 507 ; 24 J. P. 564. In /:./• parte llm-st. l'7 .). P. 824, the justices were ordered to state Note a case under 20 & 21 Vict. c. 43, where the evidence was doubtful in a to conviction for poaching. In Cornwell,app., Sanders, resp.,'6 B.& S. 206 ; Sect. 2. 32 L.J. M.C.6; 7 L.T.356; 9 Jur. 540 ; 11 W. R.87 : per COCKBTJBN, C.J., Blackbubh and Mellob, JJ., if there be evidence before the justices thecourl oughl uot to review their decision ; but per Wightman, J., the r \ idence bi ing sel out, the court migbl review their decision and reverse it. if it appeared that they had come to a wrong slusion. The Ac: (inly gives the justices the power of asking the opini t' the court upon a poinl of law; and the question for the court is not whether the justices came to a right conclusion, but whether there was any e\ idence in suppi of that conclusion. Green v. Pensam, 22 J. 1'. 727. In a case stated from sessions, Lord IU'.nman. C.J., -aid that tin justices have done right if they ask tl pinion of the court whether tin- fact.- stated in the case will warrant the finding which they made ; but wrong if they refer t.> the court the mere question d fact and ask its opinion as a jury upon it. Reg. v. Pilkington, 13 I.. .1. M. < '. 64 : * J. P. 721 : 8 Jui\ 267. As to a street.— Whether a " lane " is a " street."' within the meaning of the Metropolis Management Acts, is a question of fad and not of law ; and a magistrate cannot be compelled to state a case under 20 & 21 \ c. 13, for theopinionof the Bigh Court upon the point. Beg. v. Shell, BO L. I. 590 : 19 J. P. 68. The nit will not entertain an appeal upon a question of fact . There- fore when a magistrate, upon the construction of the 5th rule of section 26 of the repealed Metropolitan Building Act, 1855(18 & 19 Vict. c. 122), decided that a certain place, being a row of houses forming part.of a line of thoroughfare, was a street, the court declined to interfere with his decision. Newman, "/>/>■■ linker, resp., 8 C. B. ( N.S.) 200. A question as to what is a "new building" within the repealed Local i irnmenl Act, 1858 (21 & 22 Vict.c. 98), s. 34 (now the Public Health Act. 1875. 38 .V 39 Vict. c. 55, ss. 157, 159), may pro] tised as a question of law for the opinion of the court under 20 & 21 Vict. c. 4:;. Hohhs v. Dance,L. R. 9 C. P. 30; 43 L. J. M. C. 21 ; 29 L. T. 687 ; 22 W. R. 90. "When case granted. — In the following case it was held thai the justices properlj refused to state a case under the Act. A. was committed by the justices for deserting his wife and family. It appeared thai they had been known as man and wife for twenty years, and their daughter, aged 37, said she had always looked upon them as married : the man had compromised a previous charge of the same nature by agreeing to paj five shillings a week. In 1858 he was married to another woman, was charged with bigamy, and discharged. <>n the bearing of the charge for desertion it was contended that there was uo proof of the defendant's marriage; it was then proposed to call the woman, bu1 he objected to this on the ground that her evidence was nut admissible. The justices, however, committed him, and refused togranl a case : and in so refusing, as above stated, the courl held that they had well determined. Reg. v. Yeomans, 1 L.T.369; 24 J. P. 1 I'.'. The remarks of Cbomptok, J., with reference to the above case deserve attention : — " I think." he said. " the justices would have dune wrong if they had stated a case ; they are only to do so when there are disputed questions of law ; here the question is 428 Statement of Case l>y Justices, dec. ■ App. one of fact." Where one of the questions in dispute is the meaning of an expression in a statute a question of law is raised, and a case may properly Note he stated. In 11. v. Bridge, 54 J. P. 629 ; 59 L. J. M. C. 49l an hotel to proprietor called upon a metropolitan vestry to remove refuse, but the Sect. 2. vestry, considering it to he trade refuse arising from the hotel boilers, refused, except on payment, pursuant to the .Metropolis Management Act, 1855 ( 18 & 19 Vict. c. 120), ss. 125— 129, now repealed. The magis- trate held it not to be trade refuse, but refused to state a case because it was a question of fact : — Held, that as it depended on the construction of the statute, there was a question of law involved, and that the magis- trate was hound to state a case. Fry, L.J., in giving judgment, said : — "The magistrate has decided that no point of law arises, but there I cannot agree with him. The case includes the determination as to what i nterpretation is to be placed upon certain words in an Act of parliament " (i.e., trade refuse). The justices should therefore bear in mind, when asked to state a case, that they are only bound to state it when it is alleged that their determination is erroneous in point of law, and that an error in a matter of fact is no ground for a case being stated under the Act. They should also remember that they are not bound to grant a case on a point of law if they should be of opinion that the application is frivolous. See section 4. post. See also Ui/er v. Park, 38 J. P. 294, and Re BasingstoJie School. 41 J. P. 118, and Ex parte JFaichc, 10 T. I,. R. 677. Justices arc not less bound to state a case because their decision is under a private Act which declares their decision to be final. Deputy Freemen of Leicester, app.. v. Hewitt, resp., 57 J. 1*. 344 : 62 L.J. M. C. 51. Per Erli;. C.J., the 20 & 21 Vict. c. 43, is a very salutary statute; it was intended to enable all these summary jurisdictions to obtain an authoritative decision upon any point of law which may arise before them, ('it ii of London v. Acoehs, X C. B. (N.s.) 773. And per Mellor, J., in Sweetman v. Guest, 37 L.J. M. V. 59 ; IS L. T. 49 ; L. R. 3 Q. B. 262 ; 16 \V. It. 426, the 20 & 21 Vict. c. 43, was intended to give justices an opportunity when exercising summary jurisdiction, of getting advice on points of law in cases in which they had no means of doing so before 'he Act. Statement of case. — In drawing up the special case care should be taken that it contains every question which it is desired to submit for the •opinion of the superior court, as that court has no power to give an •opinion on a question asked by the parties to the case, but which the justices by whom the case is stated have not submitted for the opinion of the court. St. James, Westminster, .. St. Man/, Battersea, resp., 29 I,. .1. M. <'. 26 : 6 Jur. bin. See also Hills v. Hunt, 15 ('. B. 1. where the court would not allow a special case to be amended, by raising a point which the parties had not raised for the consideration of the court. The duty of the court upon a case stated under 20 & 21 Vict. c. 43. s. 2. is simply to answer the question of law put to them by the justice-. Jiiiel; master, n pp.. "Reynolds, resp., 13 C. B. (x.s.) 62. The proper mode of stating a case for the opinion of the court is to submit sonic point or points of law for its consideration, and not to seels the decision of the court on the evidence generally as to its sufficiency to support a conviction. Reg. v. Brennan, 6 C. •'. C. 381. No point can he stated in a case for the opinion of a superior court which was not taken before the justices; therefore, upon a conviction under the Alehouse House, 1828 (9 Geo. I. <•. 61), for knowingly permitting 20 d 21 Vict. c. M. s. 2. 429 persona of notoriously bad character to assemble and meet together in App. his inn. against the ten or of his licensej upon a case stated, it was held - upon theargamenl of the case, thai the appellant could nol objeel thai Note there was no evidence of his knowledge, thai point not having been taken to before the justices. Purkis v. Huxtable, 5 Jur. 790; 23 J. P. l'.»7 : Sect. 2. 28 L. J. M. C. 221; 1 E. & E. 780; see also Mottram, app., Eastern Counties Railway Company, resp., 7 C. 1'.. (N.s.)58, on the same point. Dpon a case stated under this statute, in which certain questionsol law were reserved for the court's consideration, bul in which no allusion was made to the period of limitation provided by section 11 of the Vaccination Act, 1871, under which the conviction took place, the court decided the case upon the question of limitation, and held that the court was competenl to determine any question of law arising on a case stated under this Act, notwithstanding that the question was not raised before nor reserved by the justices, provided that the question did not depend upon farther evidence which mighl have been called before the justices The case of Purkis v. Huxtable, supra, was thus distinguished by Blackburn, J., al p. 362 of 30 L. T. :— " It is also said we oughl only to answer the question raised by the justices, and we cannot consider points nol taken before them. But this is nol likeapoint reserved for our consideration from quarter sessions, to which our decision musl be limited, but we are directed to hearand determine questioDS of law which arise upon the facts stated. The answer to the argument derived from the case cited (Purkis v. Huxtable) is obvious. The objection thus raised might, if taken before the justices, have been cured by further evidence. " When there is a point of law. the effect of which no evidence could alter, it is competent for this court to consider it under 20 & 21 \ ct. c. 43, although the justices do nol expressly reserve it.'' See also Karanagh v. Glorney. 10 Ir. R. C. L. 210. And see Roehdale Building Society v. Mayor of Rochdale, 51 J.P. \'M : ante. p. 42il. A magistrate, like a judge, is bound to know the law. and if he see- the existence of any fatal objection, even though thai objection i- nol taken by either of the parties. 'it is the duty of the magistrate to ad upon what he knows to be the law: therefore a magistrate cannot refuse to a case on the ground that an objection ha- not been formally brought to his notice, where the objection is of such a kind as goes to the root of tlie whole matter before him for adjudication, and one. thereto which he must be presumed to have' known. In making absolute a rule to compel a magistrate under such circumstances to state a case, the court refused to allow the a] .pedant the costs of the rule, because he had not raised the objection distinctly before the magistrate, Ex parte MarTiham, 21 L. J. C. 1'. 748 ; 39 .1. 1'. 150; 21 L. T. 748 ; is W. 1!. 258. Where jurisdiction declined. — ThejuBticescannol state a case which they decline to hear for want of jurisdiction. Per Blackbird. .1.. •• I think nothing can be clearer than that the justices made a mistake in granting a case, as the statute 20 & 21 Vict. c. 4.'i. does not apply. The justices, when the question of jurisdiction was raised before them. decided, rightly or wrongly, thai they had no jurisdiction. If they were right, then the parties can only 1:0 and renew the information before other justices who are not interested. If they were wrong, then the remedy i- to apply for a rule under Jervis' Act, com m and in g them to hear and determine the case. There wa- no need of a case to be Mated under 20 & 21 Vict. c. 43, to raise the point of law regarding the interesl of parties. The Act 20 & 21 Vict. c. 13, wa- only intended for those cases 430 Statement of Case J>i/ Justices, dtc App. where formerly there was no means of bringing the matter otherwise before the superior court, but it was never intended to decide in this way- Note a question of jurisdiction. The parties have mistaken their remedy." to Wakefield Local Board v. West Riding Railway Company, 30 J. P. 389, Sect. 2. 628 ; 12 Jur. 160, 936 ; 35 L. J. M. C. 69 : 13 L. T. 590 ; 14 W. 11. 100 ; and see 11. v. Dublin JJ., 5 Ir. R. C. L. 548. Where, however, the justice- have heard the case, and determined to dismiss the information (in the ground that they have no jurisdiction, they may state a case. In J,', v. Wisbech J.L, 54 J. P. 743 ; 7 T. L. R. 2, an information for an offence committed on 211th of March was laid, under the Cruelty to Animals Act. 1849 (12 & 13 Viet. c. 92), s. 16. repealed on 26th of April. The justices, on objection taken, held that the information was too late. No case was applied for within seven days, and the prosecutor applied for a mandamus to hear and determine : — Held, that as an application for a case to be stated was a more convenient remedy, a rule for a mandamus was refused. Where justices hear an information or complaint and dismiss it on the ground that they have no jurisdiction, and at the same time offer to state a case for the opinion of one of the superior courts, a rule will not be granted by the court desiring the justices to hear and determine the matter. In such an event the justices would have adjudicated, and the court cannot command them to decide in a particular manner a case in regard to which they have jurisdiction. Ex parte McLeod, 3 L. T. 700 ; 25 J. P. 84. If a defendant be charged with obstructing the works of a local board of health, he is not necessarily entitled to have the case dismissed by the magistrates because the obstruction took place in the assertion of a private right. Nor are justices, under such circumstances, warranted in refusing as frivolous, an application to state a case. Reg. v. Pollard (Justices of the West Riding of Yorkshire), 14 L. T. 599. Though the repealed section 108 of 32 & 33 Vict. c. 70 (Contagious Diseases (Animals) Act), gave a power of appealing from the justices to the quarter sessions, it does not deprive a party of the right to have a case stated under 20 tV: 21 Vict. c. 43 : and if the justices, having heard the case, determine that they have no jurisdiction, the opinion of the High Court will be properly applied for under 20 X 21 Viet. c. 43. instead of an application for a mandamus to the justices. Muir v. Hoare. 47 L. J. M. C. 17 : 37 L. T. 315 ; 41 J. P. 4 71. Bates. — It has been held that where the justices have no jurisdiction to inquire into the validity of a rate, they cannot under this Act state a «ase for a superior court. Ex parte May, 31 L. J. M. C. 161 : 26 J. P. 340 ; 2 B. iV S. 426, following the rule in Reg. v. Kingston-on-Thames ./•/., E3. B. & B. 256, and Reg. v. Bradshaw, 29 1,. J. M. C. 176 ; 6 Jur. 629, namely, that the duty of magistrates, when payment is sought to be enforced, is to see that there is a rate as is alleged, and that the party summoned is assessed to it. and that he has not paid his assessment ; when they have ascertained these matters, the rate being good on the face of it, their duty is to enforce payment, and not to enter into the question of its legality, which is for the jurisdiction of the quarter sessions on appeal But in A', v. Lord Mayor of London. 52 J. 1'. To ; .".7 L. T. (.vs.) 491, it was held that under 17 & 48 Vict. c. 43, s. 7, ante, the magistrate hat! power to state a case upon :i point of law which arose upon the application foi a distress warrant lot- the non-payment of rate-. 20 ,(• 21 Vict. c. 43, 8. 2. 431 Moreovi isticee sitting to hear an application for the issue of a App. distress warrant for aon-payment of poor rates are not aecessarily sising a ministerial duty, but are authorised to inquire into the Note validity of the objection raised by the party summoned, and whether to there exists any power by which an owner can be rated instead of Sect. 2. an occupier. Such justices are a court of summary jurisdiction (sec on 13, sub-section (II). Interpretation Act, 1889, post, which repeals S.J. Act, L884, -. 7. ante), and are authorised to state a case for the opinion of the High Court. Fourth City Mutual Building Society v. Churchwardens, $c, of East Ham, I.. R. 1892, 1 Q. I!. 661 ; . L »<; J. P. iln. te, p. ll^. •This enactmenl gives a remedy to parties in cases when' before they possessed oone : hut ir does aol enable parties to avoid the ordinary and mate modes of redress which already existed. Therefore the justices cannot he called upon to grant a case ":i summary proceedings before to enforce payment of a rate where an appeal lie- against the rate to the quarter sessions, and the only objection raised i- as to the validity of the rate on the ground that the party derive- no henetit from the works tor which it was made. This was SO held where a party had been summoned by commissioners under a local Acl before justices to -how cause why a distress warrant should not be issued to compel payment of a I*. lOd. rate under the .\et in respect of certain sewage works. Before the justices the parry summoned contended that he was not liable, luse he was not benefited by the works. The justices decided against him. and refused to -rant a case under the Act, and gave a certificat under section f that the application was a frivolous one. Reg. v. Glouces- tershire .1.1.. 1 I.. T. 294 : 29 I... I. .M. 0.117 : 21 .1. P.263 : 2 B.& E.42'>. But see' la-t case, it ha-, however, been held that a refusal of just to enforce by distress, under the poor Law Act, 1839 (2 & 3 Viet. c. 84), -. 1 . payment of money under a contribution order of a board of guardians, made under Article B3, Form [M.] of the Consolidated Order, is a ground of appeal to one of the superior courts under 2" & 21 Vict. e. 13, s. 2. City at' London Union {Guardians of) v. Acochs, 8 C. I!. (N.S.) 772'. Again, no ca-e can be stated under 20 & 21 Vict, c 13. s. 2. unless thedererminatir.n of the justice he upon an information or complaint : consequently, it was held that a case could not lie stated on the refusal of justices to grant a certificate for a 1" ei Licence under 32 .V. 33 Vict. c. 27. Garretty v. Potts, (0 I- .1. M. I '. 1 : L. It. (1 Q. B. 86 : 23 L. T. 4lo : s. c. West v. J J ,>tt.,-. ;;i .1. P. 760 ; hut this is otherwise since S. .1. Act. L879, s. 33. Similarly it has been held that justices have no power to state a ca-e on refusing to make an order authorising an urban sanitary authority to enter premises under section 305 of the Public Health Act. L875 (38 .v :!'.i Viet. ,-. 55), inasmuch as their refusal is not the determination of a complaint within 20 & 21 Viet. ,-. p;. -. 2. Diss Urban Sanitary Authority, apps., v. Aldrich, resp., W. X. 1^77. p. 46; L. E. 2 Q. 1'.. D. 17'.': 36 L. T. 663; 16 1.. .1. M. C. L83 ; II .1. I'. 132. But now ii 33 of the s. .1. Act, 1 879, ante. Friendly societies. — Where, by the rule- of a friendly society, disputes between the so ;iety :\\\>\ a member are to he referred to just ices, pursuant to 21 & 22 Vict. c. I'd. s. •"> (repealed), the justices, it was held, mi<_ r ht he compelled to state and sign a ( . ;i »,. under 2" & 21 Vict. c. 13. Watts v. Kent .1.1. : Pearch v. Kent ./../. 3.". L. J. M. C. 190 ; B. C. Reg. v. 432 Statement of Case by Justices, dc. App. Lambarde and Other*. JJ. of Knit. L. R. 1 Q. B. 388 ; 35 L. J. M. ('. 190 ; 14 L. T. 448 ; 14 W. R. 680 ; but this was overruled, and now, Note where by the rules of a friendly society disputes between the society and to a member are to be referred to justices, such justices have no power to Sect. 2. state a case under 20 & 21 Vict. c. 43. Gallaghan v. Dollwen, L. R. 4 C. P. 288 : 38 L. J. M. C. 110 : 17 W. R. 733 ; 21 L. T. 827 ; overruling Watts v. Kent JJ., supra, and see Treatise, 33 J. P. 497. Where the secretary of such a society is summoned as such secretary before the justices to answer a complaint against the society, and an order is thereupon made against the society, the society is substantially the appellant for the purposes of procuring a case to be stated under 20 & 21 Vict. c. 43 ; and, therefore, when, after the application for the case, the secretary has resigned his post, and given the justices notice of withdrawal of the application, the society may nevertheless continue the proceedings, and obtain a rule ordering the case to be stated in the event of a refusal by the justices. Jl/itl. To what section applies.— The section, it will be perceived, applies only to a case in which there has been "a hearing and determination by a justice or justices of the peace of any information or complaint which he or they have power to determine in a summary manner." Apparently, therefore, before S. J. Act, 1879, s. 33. a case could only be stated in proceedings under 11 & 12 Vict, c. 43; but, nevertheless, in Frend v. Toll cshunt Knights, 28 L. J. M. C. 169 : 5 Jur. 1080 ; 23 J. P. 677 ; 33 L. T. (o.s.) 89 (which related to the liability of the incumbent of a district church to be assessed to the poor rate in respect of the tithe rentcharge apportioned to his incumbency), a case was stated under 20 & 21 Vict. c. 43, s. 2, and the statute was treated as being applicable to cases of non-payment of poor rates ; it has, however, since been held that 20 ic 21 Vict, c. 43, does not apply to a decision of justices at a special sessions for hearing appeals against poor rates, upon an appeal against an assessment. Such a case should be stated under section 11 of the Quarter Sessions Act. 1849 (12 & 13 Vict. c. 45). WJieeler v. Brim- ington, 6 Jur. 698 : 2 P. T. 171 : 29 L. .J. M. C. 17.". : 24 J. P. 261, 660. See also Sparrow v. Impington, 29 L. J. it. C. 17G; 6 Jur. 953. Put now see 11. v. Lord Mayor of London and Jirown. 52 J. P. 70 ; 57 L. T. (N.s.) 491, by which it' was' decided that under S. J. Act, 1879, s. 33. a special case may be granted in respect of an application to issue a distress warrant for non-payment of poor rate, as the justice so sitting came within section 7 of the S. J. Act. 1884, as acting under any other Act than the S. J. Acts, and that section 10 of the S. J. Aet. 1884, did not exclude the case. And a ease may be stated in any proceeding of a court of summary jurisdiction. S. J. Act, 1879, s. 33. See Inter- pretation Act, 1889, s. 13 (11), post. It lias been held that an appeal under 20 and 7. post, as to the authority of a judge at chambers under the Act. A case stated under this Act set out the grounds of the determination in respect of one of the conclusions at which the justices had arrived, but as to the other, set out objections and then stated that they were over- ruled. This, it would seem, is a sufficiently setting forth of the " grounds of determination" within the meaning of the Act. Christie v. St. Luke, Chelsea, 27 L. J. M. C. 153; 22 J. P. 196. In Blackpool v. Bennett, 23 J. P. 198, it was held that a case stated under 20 ,v 21 Vict. c. 43, sufficiently set forth facts to support a con- \ iction under a bye-law of a local board of health, when such facts are stated as warranted an inference that the offence had been committed. It has been held that an appeal lay to a superior court under 20 & 21 Vict. c. 4:5, in a case coming within the Highway Act. 1835(5 <*c 6 Will. 4, C. 50, s. 44), repealed, which req uires the justices to hear and determine any complaint made to them against the accounts, or the application of moneys received by the surveyor of the highways, and to make such oi.ler thereon as to them shall seem meet. Townsend, up])., v. Read, resp., 10 ('. B. (n.s.) 308 ; 4 L. T. 447 ; 30 L. J. M. C. 22:5 ; 9 W. R. 659. The justices, though not bound to grant a case if they are of opinion that the application is frivolous, ought nevertheless to do so when it is shown that the party applying for it was asserting a right, as a disputed right of way, and the proceedings arise out of the assertion of that right. The justices are not bound to state a case under 20 & 21 Vict. c. 43. when the application discloses no point on which a case ought to be granted : per Mkllok, J., Jinj. v. Rutlandshire JJ., 13 L. T. 722. The power of appeal to the quarter sessions given by the Obscene Publications Act. 1857, 20 ,v. 21 Vict. c. 83 (Lord Campbell's Act), does not take away the jurisdiction of the magistrate, under 20 & 21 Vict. c. 43, to state a case under that Act for the opinion of one of the superior courts on a point of law arising under 20 >v 21 Vict. c. 83. Steel v. Branman, 41 L. J. M. C. 85 ; 26 L. T. 509 ; 20 W. R. 607; L. R. 7 C. P. 261. By the repeah d Metropolitan Budding Act (18 & 19 Vict. c. 122, s. 106), power to appeal to a superior court is given if either party is dissatisfied with the determination of the justice in respect of any point of law ; and S.J. A. F F 434 Statement of Case hy Justices, dr. App. it has been held that the power to state a case under 20 & 21 Vict. c. 48, is not thereby taken away. Power v. Wig more, 27 L. T. 148 ; L. R. 7 Note C. P. 386. to Form of case. — An appeal (by special case) will lie under section 100, Sect. 2. although there has not been a conviction. Scott v. Legg, 10 Q. B. D. 236. With regard to the manner in which a case should be stated, it is to be observed that the court expects such cases to be submitted to the judges in a complete form. Directions as to the form of the case are given by the Crown Office Rules, 1886, rule 142 : — " Every special case shall be divided into paragraphs, which as nearly as may be shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively. The taxing master shall not allow the costs of drawing and copying any special case not substantially complying with this rule without the special order of the court." Ordinarily the court will refuse to send back a case for amendment under the Crown Cases Act, 1848 (11 & 12 Vict, c. 78, s. 4), (Reg. v. Holloway, 1 Den. C. C. R. 370 ; 3 New Sess. Cases, 410 ; 18 L. J. M. C. 60 ; 13 Jur. 36) ; and cases for the consideration of the judges under that Act are not to be lengthy narratives of the facts. Reg. v. Stear, 13 Jur. 41. See an article on " Statement of Case" in 52 J. P. 195. A case for the opinion of one of the superior courts, or of a judge of any such court, may be stated according to the following form : — In the High Court of Justice, Queen's Bench Division. Between A. R., appellant, and C. D., respondent. ] (1.) THIS IS A CASE stated by us, the undersigned, to wit. ( two of Her Majesty's Justices of the Peace in and for the said , being a court of summary jurisdiction sitting in a petty sessional court Juni.sc under the statutes 20 & 21 Vict. c. 43 and 42 & 43 Vict. c. 49, on the application in writing of the appellant who was dissatisfied with our determination as being erroneous in point of law as hereinafter stated : — (2.) At the (being a petty sessional court 7iou.se) an information [or complaint] was preferred by A. R. (hereinafter called the appellant) under the statute (here quote statute') against C. D. (hereinafter called the respondent), for that he &c. (as in the information or complaint), which information [or complaint] was heard by us on the day of , when we (here set out the adjudication of the justices). (3.) And whereas the appellant, being aggrieved and dissatisfied with our said determination as being erroneous in point of law [or in excess of jurisdiction] has, pursuant to section 2 of the statute 20 & 21 Vict. c. 43 and section 33 of the statute 42 & 43 Vict, c. 49. and the Rules made in pursuance of the last-mentioned statute, duly applied to us in writing to state and sign a Case setting forth the facts and the grounds of such determination as aforesaid for the opinion of this Court, and has duly entered into a recognizance as required by the said statutes in that behalf. (4.) Now. therefore, we. the said justices, in compliance with the said application, do hereby state and sign the following Case : — Case. (5.) Upon the hearing of the said information [or complaint], the following facts were proved before us [here set out in regular sequence, 20 e done in the prem Bes. Dated the day of 18 , at the court of summary jurisdict ion sitl ing at, kc. ./. P. J. P. The case musl be signed by the justices ; and the party applying for the case must enter into a recognizance as directed by statute 20 & 21 Viet. c. 43, s. :5. If the ease be for the opinion of the court, it must be set down fur argument, and copies, with the points intended to be argued, musl lie delivered t<> the judges, as in the ordinary practice upon a special case. But if it be fur the opinion of a judge, the appellant must obtain an appointment fur the hearing, and give notice thereof to the respondent, ami. four clear days before the day appointed for the hearing, deliver at the judge's chambers a copy of the appeal. (See Beet ion 1 1. and note thereon, post.") In Potton v. Brown, :>'.» L. T. '■'>>'''■'< ; 28 -I. 1". 108, there was a rule nisi bo strikeout a case stated by justices under 20 & 21 Vict. c. 43. on the ground that the application to the justices to state a case was verbal and not in writing. The court not being unanimous on this point desired the case itself to be argued, which was dime, and then, by arrangement, it was ordered that the rule should drop, each party paying his own costs. Application for case. — The application to the justices to state a case must be mad'' within three days after the hearing and determination of the matter if Stated under this Act, or within -even davs if stated under S. J. Act, 1879, s. 33 (see S. .). Act, R de 18, ante, p. 236) : and it has been held that, in computing those day- Sunday, when it is the last of those davs. is not to be excluded. Winn v. Bonaldson, 12 L. T. 711 ; Peacock v. Begina, 1 C. B. (N.s.) 264 ; 31 L. T. (0.8.) 101 : 27 L. J. C. P. 224; 22 .1. P. 403. Rules 293-298 of the"Crown Office littles, lsst;." incorporating Order hriv. of "S. C. Rules, 1883," applying to time and computation of time in procedure on the Crown side of the Queen's Bench Division. If the case is stated under S. J. Act. 1879, s. :v.\. ante, and S. J. Rules, 1886, r. 18, ante, it is a condition precedent that a written application should have been served on the justices forming the court, as well as a copy of the same on their clerk, within the seven days. South Staffordsh ire II overworks < 'ompany v. Stone, L. R. 19 Q. B. D. 168 ; F F 2 436 Statement of Case by Justices, &c. App. 56 L. J. M. C. 122 : 57 L. T. (n.s.) 368 : 51 J. P. 662 ; Loehhart v. Mayor, .SV., of St. Albans, L. It. 21 Q. B. D. 188 ; 57 L. J. M. C. 118 ; Note 36 W. It. 800": 52 .1. P. 120, see also Ex parte Curtis, L. R. 3 Q. B. D. 13. to Such written application must also be served on all the justices forming: Sect. 2. the court whose decision is appealed against : service upon two out of five is insufficient. Westmore v. Payne, L. R. (1891) 1 Q. B. 482 ; 60 L. J. M. C. 89 : 61 L. T. 55 : 39 W. R. 163 ; 55 J. P. 440 ; 17 Cox C. C. 214 ; 7 T. L. R. 214. In B. v. Bridge, 59 L.J. M. C. 49 : 54 J. P. 629 : no written application had been made to the justices to state a case, but only an oral one. Mathew, J., said, "The object of that rule (i.e.. S. J. Rules, 1886, r. 18) was that the magistrate and parties interested should have proper notice of the application. But here it is admitted that it was made in open court when everyone was present. 1 think the application was quite sufficient." This dictum is inconsistent with the decisions in the South Staffordshire Waterworks Company v. Stone {supra') and Lochhart v. Manor, A w c, of St. Albans (supra). It is to be observed that the latter case is a decision of the Court of Appeal. In Beg. v. The Lord Mayor of London and the Northfleet White Lead Company (It. v. A'niU, S. ('*.), 57 J. P. 277 : 9 T. L. 1!.' 426. it was held, following the South Staffordshire Waterworks v. Stone, that the copy must be served on the justices' clerk within the seven days. On the hearing of the appeal, if the respondent do not appear, the appellant, in order to entitle him to the judgment of the court, must show- that the decision of the justices was wrong. Syred v. CarrutJters, 27 L. J. M. C. 273 : 4 Jur. 949 : 23 J. P. 37 : 1 E. B. & E. 469. Time for stating case.— If the case is stated under S. J. Act, 1879, s. 33, it must be stated within three calendar months after the date of the application and after the recognizance is entered into. S. J. Rules, 1886, r. IS. Application was made on 21st September, 1893 to justices to state a case. The case was not state I till 20th December. 1893. and the appellant did not enter into his recognizance till the 21st December : — Held; there had been no compliance with rule IS. Walker v. Delacombe. 63 L. J. M. C. 77: 58 J. P. 88. In Hughes v. Wavertree Local Board, 10 T. L. R. 357 ; 58 J. P. 654, it was held that the statement of case within three months by the justices was not a condition precedent, and the case was properly stated though the three months had expired. Transmission of case. — The provision that the appellant shall within three days after receiving the case transmit the same to the court, first giving notice in writing of such appeal, with a copy of the case to the other party, is a condition precedent to the right of appeal, and where such provision is not complied with the court has no jurisdiction. Woodhonse v. Woods. 1 L. T. 59 ; 23 J. P. 754, 759 : 6 Jur. 421 ; 29 L. J. M. C. 149. Accordingly, where the appellant did not so transmit the case or serve the copy of it until after the expiration of such three days, the court, upon the application of the respondent, struck out the case, notwithstanding he had written letters to the appellant amounting to a waiver of the objection. Morgan v. Edwards, 5 H. & N. 415 ; 6 Jur. 379: 24 J. P. 245; 29 L. J. M. C. 208. Similarly where the appellant did not give the respondent written notice of the appeal until after the case was set down, the High Court held that they had no jurisdiction to hear the appeal. Edwards v. Roberts, L. R. (1891) 1 Q. B. 312 ; 6o L.J.M.C. 6 ; 55 J. P. 439. In Little v. Donnelly, 5 Ir. C. L. It. 1, it 20 «c 21 Vict. c. 48. 8. ± 437 was held thai service of the copy case was no! asufficienl notice of appeal App. under this section : written notice should be given,and Bee South Dublin - — Union v. Jone* t 12 L. K. lr. 358. The provision thai the case must be Note delivered to the respondenl within a specified time is imperative and to cannol be waived. Bui semble, if the appellanl endeavours to comply Beet. 2. with the statute, e.g., by endeavouring to serve the respondent, but is prevented by his keeping out of the way. he may be lei in to have his appeal. Morgan \. Edvoardt, tupra. When a case is stated, the section i- satisfied if the appellant, within three day- of his obtaining the case from the justice, Beeks to find the respondent, bul cannol do s<>. and within such three day-, gives notice to the attorney who represented the respondenl before the justice, and after the expiration of the three days - notice to the respondent, whodoes nol object. Dpon the production of an affidavit of these facts the court heard the appellant, though the respondenl did nol appear. Syred v. CarrutJtert, I E. B. & E. 169; 27 L. J. .M. C. -'73 : 23 J. P. :!7. The court lias no jurisdiction to hear an appeal againsl the decision of justices by way of case stated under this section unless the appellant has given notice in writing of appeal together with copy of the case to the respondent. Such notice was sent only jo respondents' solicitors and nol to respondents themselves: — Held (distinguishing Syred v. CdrrutJiert, tupra), insufficient. Hill v. II right and Wilton, 60 J. P. 312. A case having been stated by justices under 20 & 21 Vict. c. 43, but the appellant nol having complied with the conditions required by thai Act, and there being consequently no jurisdiction to hear the case the respondent apt. lied by way of motion to strike the case out of the paper, and the application was granted with costs against the appellant. Great Northern and London nml North Western Joint Committee, a///)*., Inett, retp., W. X. 1877, p. 124 ; L. B. 2 Q. B. D. 281 : 46 L. J. M. C. 237: 41 .1. P. 7Ki: 25 W. R. 584. Bui the respondent's costs were refused in a similar ease (in which, however, the non-compliance with the statute was owing to the sudden death of one of the partners in the firm of solicitors acting for the appellant) by the Common Pleas Division of the Bigh Court of Justice in the case of Thr North British Railway Company v. The Holme Cidtram Loral Board, M. S. Easter Sittings, 1879. A person convicted by justices applied for a case under 20 A: 21 Vict, c 43. The case was delivered by the justices' cleri to the appellant's attorney on 31st December, 1862, who gave notice of appeal and a copy to the appointed attorney : and on the 1st January, 1863, Benl by posl the original to his London agent to be lodged in court. The London agenl received it the next day. bul did nol lodge it till the 10th January. Dnder these circumstances it was held that the ease had not been duly transmitted to the courl according to the statute. Sed ijunrr. whether if the case is duly pu1 into a regular course of transmis- sion to the court, r.ij., by post, and doc- not reach it within time in consequence of something over which the sender has no control, this is a compliance with the statute. Bankt, «/>/>■■ Goodwin, retp., 3 B. & S. 548 : 9 Jur. 891 ; 32 L. J. M. C. 87 ; 7 L. 1. 740 : 27 J. P. 72. An attorney in a country town, instructed by the London attorneys of the parties interested, attended to tv-i-t a summons before justices in the country town. The justices decided against the party, who being dissatisfied sent the justices a written notice demanding a case to be stated under 20 & 21 Vict. c. L'>. The justices stated the case and senl it to the countn agenl on Thursday, who the nexl day forwarded it to 438 Statement of Case by Justices, dc. App. the London attorneys. The latter deposited the case in the office of the court on the Monday following. Under this statement of circumstances Note the court held that the country agent had. presumedly, authority to to receive the case for the appellant : and that as the case had. not been Sect. 2. transmitted to the court within three days after it had been received, the provisions of the 2nd section of 20 & 21 Vict. c. 43. had not been complied with, and consequently the appeal was struck out. Pennell v. Uxbridge, 31 L. J. M. C. 92; 8 Jur. 99 ; 5 L. T. 685 ; 26 J. P. 87; 10 W. 11. 319. Where justices have delivered a special case on the 13th of the month and the case is not transmitted or lodged at the Crown Office on the 16th of the month, the case will be struck out for non- compliance with this section. Aspinall v. Sutton, 63 L. J. M. C. 205 ; 58 J. P. 622. The court will not order a case, stated under 2D & 21 Viet. c. 43, to be struck out because the intervention of days on which the offices of the court are closed has rendered it impossible for the appellant to transmit the case in time. (The ease was received on Good Friday and transmitted to the proper court on the following Wednesday.) Nor is it a condition precedent that the case shall be transmitted in the time limited by the Act. the words of which are directory, and the court may, in its discret ion, refuse to deprive a suitor of his right of appeal when he has done all in his power to comply with the statutory requirements. In this respect the eases of Morgan v. Edwards; Syred v. Carruthers; Woodlunise v. Woods; Peacock v. Regina, and Pennell v. Uxbridge, supra ; Fisher v. Cox, 16 L. T. 397, are distinguished. Mayer v. Harding, 16 L. T. 429 ; 31 J. P. 376 ; L. R. 2 Q. B. 410 : 9 B. & B. 27. After a case has been stated and signed by the justices under 20 & 21 Vict. c. 43, and delivered to the appellant, it becomes wholly inoperative, and no appeal can be had upon it. unless the appellant transmit it to the court within three days after he has received it from the justices. If after the expiration of the three days the case remain in the appellant's hands and he take it. back to the justices, they have no power to amend it ; but if they do so in fact, the appellant does not thereby gain a further period of three days from the date of the amendment for transmitting the case to the court. Gloucester Local Government Hoard of Health v. Chandler, 32 L. J. M. I '. 66 : 7 L. T. 722 ; 27 J. P. 88. Piule 141 of the Crown Office Pules. 1886, imposes a further condition with reference to the transmission of the case to the High Court : "141. Demurrers and special cases shall be entered at the Crown Office for hearing at the request of either party without any order for a concilium eight clear days before the day on which they are set down for argument, and notice thereof shall be given forth- with to the opposite party." The necessity for the appellant to transmit the case to the High Court, within three days of receiving it is not affected by Crown Office Pules, 1886, r. 141. Phillips v. Jones, 57 J. P. 84. If notice of appeal, under 2o & 21 Vict. c. 43. be uot given to t lie respondent before the case is Lodged in court, the case will be struck out after it has been set down for hearing. It is not sufficient to post the notice of appeal to the respondent within the three days allowed for lodging the case, if it docs not reach him until the day after the case is transmitted to the office. Ashdown v. Curtis. 31 L. J. M. O. 216 ; 26 •I. 1'. 312 : 6 L. T. 331 ; s Jur. 511 : 10 W. It. 667 : Edwards v. Robert*, 55 .1. I'. 439 : Ho L. .1. .M. C. 6 : 1.. 1!. (1891) 1 Q. B. 312. 20 <(• 21 Vict. c. 43, ». 8. 439 In Price, v. Jamet (1892), 2 Q. B. 428; 61 L.J. M.C.203; 67 L.T.543; App. 41 W. U. 57 : 56 J. P. 471 : 8 T. L. R. 682 M.A.). it was held thai when — licensing justices state a special case for tin- opinion of the Hi'_rli Court, Note they are entitled to make the superintendent of police the respondent to instead of themselves. Sect. 2. 3. Security and notice to be given by the appellant.— The appellant, at the time of making Buch application, and before a case shall be stated and delivered to him by the justice or justices, shall in even - instance enter into a recognizance, before such justice or justices, or any one or more of them. 01 any other justice exercising the same jurisdiction, with or without surety or sureties, and in such sum as to the justice or justices shall seem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the superior court, and pay such costs as may be awarded by the same; and the appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the clerk to the said justice or justices his tees for and in respect of the ease and recognizances, and any other tees to which such clerk shall be entitled, which fees, except <\irh. as are already provided for by law, shall be according to the schedule to this Act annexed, marked (A), until the same shall be ascertained, appointed, and regulated in the manner prescribed by the Summary .Jurisdiction Act. 1848 (11 & 12 Vict. c. 43, s. 30) ; and the appellant, it' then in custody, shall be liberated upon the recognizance being further conditioned for Ids appearance before the same justice or justices, or it' that is impracticable, before some other justice or justices exercising the same jurisdiction who shall be then sitting, within ten days alter the judgment of the superior court shall have been given, to abide such judgment, unless the determination appealed against be reversed. SectioD 30 of 11 & 12 Vict. c. 13, i- now repealed as to justices' clerks' fees by 10 ,v: 41 Vict. c. t:;. ». 8, post, which substitutes other provisions. When recognizance to be entered into. — <>n an appeal from a decision of justices under section- 2, :!. the appellant may enter into the required recognizance at any time daring the three days allowed for applying for a case; and he need not enter into it simultaneously with making the application. Chapman, app.. RobeHson, resp., I E. & E. 25 ; 28 I-. J. -M. C 30 : :S2 L. T. 89 : 2:: .1. P. 228 : .". Jur. 134. Although an appellant from a decision of justices under 20 .X: 21 Vict. C. 43, mii-t apply for a case to be stated within three days specified in section 2. it is not necessary for him to enter into the recognizances required by section 3 simultaneously with his application for a case to be stated. It is sufficient if he do so between the time of applying for and stating the case. Stanhope, app., Tfwrtby, resp., 12 Jur. :i7l ; 11 L. T. 332 : ;s:» L. .1. M. C. 182 : I L. II. •'. p. u:i ; l i \\\ |;. 651. Where a rule is moved calling upon the appellant to show cause why an appeal should not he struck out of the paper on the ground that he had not entered into his recognizance within three days, as required by section 3, the affidavit upon which the motion is made should W entitled in the names of the parties, ami not merely "for the Queen's Bench." 440 Statement of Case by Justices, tCr. App. If it be not. the court will discharge the rule as being irregular. Johnson v. Simpson, 1 L. T. 60 ; 23 J. P. 756, 775. Note Costs. — A successful appellant is entitled to his costs though the to respondent does not appear to support the .judgment of the justices. Sect. 3. Shepherd v. Folland, 49 J. P. 165. See also 49 J. P. 40. Where in a case stated by justices under 20 & 21 Yict. c. 43, the respondent did not appear upon the argument, and the court decided in favour of the appellant, it was held, without laying down any general rule, that the appellants were entitled to the costs of the appeal. Wednesbnry, app., Stephenson, resp., 10 Jur. 151 ; 33 L. J. M. C. Ill ; 9 L. T. 731 ; 12 W. R. 314. Where on an appeal under 20 & 21 Vict. c. 43. against a conviction by justices, the court quashed the conviction, they held that the costs were to be paid by the party prosecuting. Venables v. Hardman, 1 E. & E. 79 ; 28 L. J. M. C. 33. A case having been stated by justices under 20 & 21 Vict. c. 43. and remitted to them for an amended statement, but not returned within the propel- time, and therefore abandoned, it was held that the court still had jurisdiction to order the appellant to pay the respondent's costs. Orowthev v. Boult, 13 Q. P». D. 680 : 32 W. It, 150 ; 49 J. P. 145 ; and in South Dublin Union v. Jones, 12 L. R. Ir. 358, where a case stated under this statute was lodged, but no notice of the appeal given to the respondents, it was held that though the appeal could not be heard, costs could be given against the appellant. In Luton Local Hoard of Health, apps., Darts, resp., 6 Jur. 580; 24 J. P. 276 : 2 E. & E. 678 ; 29 L. J. M. C. 173 ; 2 L. T. 172, application was made to the court for justices' costs, owing to their having been obliged to state a case for the opinion of the court, and having been put thereby to great expense ; but the court refused the application, observing that the justices were not obliged to state the case by means of barristers. The successful party in an appeal under 20 & 21 Vict, c. 43, if allowed costs by the court, is entitled to the costs of preparing and amending the case beyond the fees allowed to the justices' clerk bv section 3 and schedule A., post. Glover v. Booth, 31 L. J. M. C. 270 ; 9 Jur. 76. In a case where upon appeal under 20 & 21 Vict. c. 43. a conviction was quashed upon an objection not brought to the notice of the convicting justices, the court refused costs to the appellant. St a inson, app., Browning, resp., 12 Jur. 262. The court will not entertain an application for costs of an appeal under 20 & 21 Vict. c. 43, in the term after that in which judgment is pronounced ; and, semble, that the application for costs should be made immediately upon the disposal of the case by the court. Jiialenherg, app., Roberts, resp., 2 L. R. C. P. 292. Povill, C.J., observing that lie saw no reason for departing from the wholesome rule in Carxwell v. Cook, 12 C. P. (X.s.) 242. Three terms after a decision of justices was reversed with costs upon a case stated under 20 & 21 Vict. c. 43. the appellant applied for his costs, and it was held, that although the court had by section 6 a discretion over such costs at the disposal of an appeal, it should be exercised only in a strong ease of vexation or oppression : and that the delay, without fraud, which had taken place effectually precluded it. Cook, app.. Montague, resp., 26 L. T. 47 ; 37 .1. P. 292. 694 : L. P. 7 Q. \\. 418 ; 41 L. J. M. C. 149 ; 20 W. P. 621 : 21 \V. P. 670 : 28 L. T. 494. The statute is binding upon the Crown equally with private persons ; '20 ,(■ 21 Vict. e. 43, *. 4. 441 therefore, upon an appeal against a conviction upon the information of App. . n officer of excise prosecuting for the Crown by order of the Com- missioners of Inland Revenue for an offence under the Beerhouse Act, Note 1.83-1 ( < & 5 WilL I. c. v .",. -J7). the court, confirming the conviction, may to order costs to be paid to the respondent, the excise officer. Moore, «/>/>■, Sect.3. Aaron Smith, retp., 5 Jur. 892 ; 23 •!. P. L33. The following report of the case of Gartuworthy v. Pyne is extracted from the 34th volume of the Justice of tlte Peace, page 810 : — _ Gartuworthy, "/'/'■• v - /'//'"'• '''■"/'■ — Appeal — Case -rated by justices. — Death of respondent. — 20 & 21 Vict. c. 13. This was a case Btated under 20 & 2\ Vict. <•. 43. The prosecutor was ii harbour master, and the defendant was a captain of a vessel who was convicted of an offence against the Barbour < llauses Act. A case having demanded under '_''• & 21 Vict. <•. 13, before it was stated the prosecutor had died, and the appellant delivered a copy of the case to the respondent's successor in the office of harbour master, and who handed it to the dock company's solicitor, who instructed counsel to defend the decision of the justices. Counsel for the appellant objected to the respondent appearing in the unless the dock company were treated as the respondent instead of the present harbour master. Counsel for the respondent said he could not undertake to put the dock company in the position of the respondent unless the appellant's recognizance for costs should be deemed to apply to the respondent's costs, and if this arrangement was not made he asked the case to be postponed. Blackburn, .1. — At present we cannot recognize any respondent, for the real respondent i< dead. And yet we cannot see why tic appellant is to be deprived of hi- right to appeal against the decision merely on that ground. The terms offered by Sir J. Karslake are fair and equitable, but if they are not acceded to. the court will nevertheless go on with the case a- if there was no respondent who appeared. The case was ultimately postponed by desire of both patties. In the case of Southern Counties Deposit Hunk v. Boaler, 11 T. I.. B. 568 : 59 -I. I'. 536, it was stated by the Court that in the case of corpora- tions if is tin- practice to accept the recognizances of some member of the body, usually a director. Recognizance. — It is to be observed that the security required by this section has to be by a recognizance ; the 3rd sub-section of the Hist section of the s. .J. Act, 1879, only applies to appeals to general or quarter sessions. Recognizances are not required from the London County Council, see London County Council (General Lower-) Act. 1893 (.">'' & •"'" Vict. c. cexxi.). 4. Justices may refuse a case where they think the application frivolous. — If the justice or justices Le of opinion that the application i- merely frivolous, but not otherwise, he or they lliay refuse to state a case, and Shall, on tile request of the appellant, sign and deliver to him a certificate of such refusal; provided that the justice or justices shall not refuse to state a case where the application for that purpose is made to them by or under the direction of Her Majesty's attorney-general for England or Ireland, as the case may be. 442 Statement of Case hy Justices, dec. App. An application for a rule calling upon justices to show cause why a case should not be stated under 20 & 21 Vict. c. 43, should be made to Note the Queen's Bench Division of the High Court of Appeal, and not to the to divisional court of appeal. Ellershaw v. JJ. of Leeds, Ex parte Long- Sect.4. bottom. L. R. 1 Q. B. D. 481 ; 40 J. P. 342 ; 45 L. J. M. C. 163, as the application to state a case is not an appeal from an inferior court within section 45 of the Judicature Act of 1873. Where justices dismissed a summons for assault for detaining at school a child for neglecting to learn home lessons, and refused a case on ground that the application was frivolous, it was held that as there was a point of law whether the detention was or was not legal, the justices were bound to state a case, and costs were given against them. 11. v. Bradford J J., 48 J. P. 149. Where on a summons before justices to enforce payment of a special district rate under a Local Improvement Act. incorporating the Public Health Act, 11 & 12 Vict. c. 03, by section 135 of which an appeal to the quarter sessions against the rate is given, it was objected that the party rated received no benefit from the works for which the rate was- made ; the justices, however, made an order for the party to pay the sum demanded, and refused to state a case under section 2 ; and on a rule being moved for to compel them to state a case, it was held that they could not be required to do so. Seq. v. Newman and Others, 29 L. J. M. C. 117 ; 6 Jur. 293 ; 1 L. T. 294. The certificate of refusal should, after showing the jurisdiction of the justices, recite shortly the matter of the information or complaint : that the applicant was dissatisfied with the decision arrived at as being erroneous in point of law ; the application in writing has been made within the prescribed time for a statement of a case ; and that the justices certify that they are of opinion that the application was merely frivolous, &c. (following the words of section 4) ; and should be signed by both justices. For cases where the justices refuse to state a case not on the ground that it is frivolous, but that their decision was purely on the facts, and that no point of law or question of jurisdiction was involved, see the opinion of the Editors of the Justice of the Peace at 52 .1. 1'. 253 ; and //. v. Bridge, 54 J. P. 629 ; 59 L. J. M. C. 49. 5. Where the justices refuse, the Court of Queen's Bench may by rule order a case to be stated. — Where the justice or justices shall refuse to state a case as aforesaid, it shall bo lawful for the appellant to apply to the Court of Queen's Bench upon an affidavit of the facts for a rule calling upon such justice or justices, and also upon the respondent to show cause why such case should not be stated ; and the said court may make the same absolute or discharge it, with or without payment of costs, as to the court shall seem meet, and the justice or justices, upon being served with such ride absolute, shall state a case accordingly, upon the appellant entering into such recognizance as is hereinbefore provided. Rule to state case. — The court refused a rule to justices ordering them to state a special case for the opinion of the court, where the objection was that they had improperly received evidence. To enable the court to interfere it must appear that the determination of the- 20 .(' 21 Vict. c. 48, *. 6. US- justices was wrong in point of law, as it is confined in its consideration App. of the case to the determination of the justices. Reg. v. Macclesfield ././., •_' L. T. 352. Sec also Christie v. Guardians of s/. Luke, Chelsea, Note 8 K. & B. '.''.'•-' : 27 L. .1. M. t '. 153 : 4 Jut. 7:i:'.. to The applicant nm-t have complied with the requirements of tin- Sect. 5. statute as to the application being in writing, &c, before the justices will be deemed to have refused to state a <"i>r. 6. Superior court to determine the questions on the case. — The court to which a case is transmitted under this Act shall hear and determine the question or questions of law arising thereon, and shall thereupon reverse, affirm, or amend the determination in respect id' which the case has been stated, or remit the matter to the justit r justices, witli the opinion of the court thereon, or may make such other order in relation to the matter, and may make such orders as -to the court may seem tit; and all such orders shall be final ami conclusive on all parties: Provided always that no justice or justices of the peace who shall state and deliver a case in pursuance of this Act .-hall be liable to any costs in respect or by reason of such appeal against his or their determination. By rule 147 of the Crown Office Rules, L886, it i- provided that "on the argument of any case entered in the Crown paper, where the court lias granted an order nisi, tin' counsel for the parties showing cause can begin; but on an eider nisi to quash an order or conviction, and in every other case the counsel for the appellant or party desirous of dis- placing the status i/im shall begin." Upon a special case only one counsel is heard on each side, except when the case is stated upon an order of sessions, when it is brought before the court upon an order nisi to quash. Section 4."> of the Judicature Act, 1*73 (_36 & 37 Viet. c. till), provides for the determination by divisional courts of appeal from inferior tribunals, and that the decisions of such court- -hall he final : and the effect of sections 15 ami 47 of the .Judicature Act. 1873, and section 20 of the Appellate Jurisdiction Act, 1876 (39 7 & 58 Viet. e. 16), on appeals from petty and quarter sessions. See Blake v. Beech, - Ex. D. 335 : 36 L. T. 723, as to a conviction for keeping a common gaming house : and Mellor v. Denham, ~> Q. B. 1». 467 : 49 L. J. M. C. 89 : 42 L. T. 1'.':; ; 1 1 .1. P. 472, a- to a case stated under the Elementary Education Act. L874. So a- to a certiorari to bring up and quash a conviction for trespassing in pursuit of game. /,*. v. Fletcher. 2 Q. P.. D. 43 ; 46 I.. J. M. C. 4 ; 35 L. T. 538 : 25 W, Et. 1 19; L3 Cox C. C. 358 : and see /.'. v. Steel, 2 Q. 1'.. D. 37 ; 16 I,. J. M. C. 1 ; 35 L. T. 534 ; 25 W. 1!. 34 : 13 Cox, 354. As to taxation of costs upon a criminal information, and as to quashing an order of justices under section 92 of the Public Health Act. 1875 (38 & 39 Vict. c. 55), to abate a nuisance ; J!, v. Whitchurch, 50 I.. J. M. ('. '.»'.» : 7 Q. 1'.. D. 534 : 40 J. 1'. 134 : 29 W. R. 922 : 15 I.. T. 37!>. Quare whether the Court of 444 Statement of Case by Justices, dec. App. Appeal has jurisdiction to review the decision of a divisional court — refusing to issue a writ of habeas corpus on the application of a person Note who has been arrested on an extradition .crime. R. v. Weil, 9 Q. B. D. to 701 ; 53 L. J. M. C. 74 ; 15 Cox C. C. 189 ; 31 W. R. 60 ; 47 L. T. 630. Sect. 6. See also Ex parte WoodhaU. 20 Q. B. D. 832. There is no appeal against a refusal to admit to bail. R. v. Foote, 10 Q. B. D. 378 : 52 L. J. Q. B. .">28 : 48 L. T. 394 ; 31 W. E. 490 ; 48 J. P. 36 ; 15 Cox C. C. 240. No appeal lies against the refusal of an order for the trial of a prisoner at the Central Criminal Court, R. v. Rudge, 16 Q. B. D. 459. In ex parte Hanson, Times, October 26th, 1886 (November 17th, 1886, 82 Law Times newspaper, 42), it was held that the discharge of a rule for a certiorari to remove an order of restitution of goods obtained by false pretences into the Queen's Bench Division is a judgment of the High Court in a "criminal cause or matter," and consequently there is no appeal. Proceedings against a company to recover penalties before a magistrate for a breach of the duty imposed by the Companies Act, 1862, of forward- ing to the registrar of joint stock companies an annual list of the members of such company, is " a criminal cause or matter," and there is no appeal from a judgment of the High Court in respect of, such proceedings. Reg. v. Tyler and Others, L. R. (1891) 2 Q. B. 588 ; 61 L. J. M. C. 38 ; 65 L. T. 662 ; 56 J. P. 118 ; 7 T. L. R. 720 (C. A.) So also is a summons under section 19 of the Metropolitan Building Act, 1855, for not having complied with notice to remove a combustible roof. Payne v. WrigM, 61 L. J. M. C. 114; 66 L. T. 148; 56 J. P. 564; 17 Cox C. C. 460'; 4 T. L. R. 288 (C. A.). As to orders under the Public Health Act. 1875, see ex parte Schofield, L. R. (1891) 2 Q. B. 428 ; ami .as to a summons under the Weights and Measures Act, 1878, see R. v. Sir F. Young, 61 L. J. M. C. 42. An appeal lies to the Court of Appeal in respect of an order of justices for repair of a highway. Loughborough Highway Hoard v. Curzon, 55 L. T. 50. This section provides that the justices are not to be liable to any costs in respect, or by reason of an appeal against their determination. There- fore, where, upon an appeal under the 20 & 21 Vict. c. 43, against a .conviction under a local turnpike act, for illegally taking toll, the con- viction was quashed, it was held that the party prosecuting must pay the costs. Ycnahles v. ILirdman, 28 L. J. M. C. 33 ; 4 Jur. 1108. The •court may also make an order for costs for or against the Crown in .an appeal against an order of justices under this Act. Where upon an appeal against a conviction upon the information of an officer of excise, prosecuting for the Crown by order of the commissioners of inland revenue, the court had held the conviction right, and given the costs •of the appeal to the respondent, it was held that such order was right. The meaning of the legislature, Lord Campbell, C.J.. said, is clear. The 4th section provides that the justice or justices shall not refuse ito state a case where the application fur that purpose is made to them by the Attorney-General, and the 6th section gives power to the superior •courts to make such order as to costs as the court may think fit. This language, he said, evidently contemplates proceedings by which the Crown is affected. Moore v. Smith, 28 L. .1. M. C. 126 : 32 L. T. 314 ; 1 E. & E. 597 ; 23 -I. I'. 123, see Walsh v. The Queen. 16 Cox C. C. 435. It has been decided that the court have power under section 6 of this Act to draw up an order under section 24 of the Pawnbrokers Act, ■39 & 10 Geo. 3, c. 99, now repealed ; but in the particular case the court 20 <(' 21 Vict. c. 43, *. 8. W5 declined to do bo, and remitted the case to the justices for re-hearing, App. witli a new to the 24th section, in order not to deprive the appellanl of his appeal to the quarter sessions under the 35th section of the same Note Act. Shm-hrll v. West, 29 L. J. M. C. 15 ; 6 Jur. 95 : 24 J. P. 22; 1 to L. T. 28 : 2 E. A: K. 326. Sect. 6, In /.'. v. Haden Corser, 8 T. L. B. 563, a special case was duly trans- mitted to the Superior Court, who remitted it to the justice with an intimation, that he ought to hare convicted. The parties thereon applied to the justice to re-instate the complaint, and convict thereon, but he declined to do so, and granted a certificate of dismissal, on the ground that he had no jurisdiction to do so, and that he understood the intima- tion to himself as the opinion of the court was by way of instruction to him as to future cases. The court made the rule absolute for a man* damns Btating that the act of the justice approached very nearly to a contempt of curt. The High Court has no power on case stated to reduce a penalty. Evans v. Hemingway, 52 J. P. 134. As to the power of the court in cases of joint or several convictions. Brown and Otliers v. Turner, 13 C. B. (N.8.) 485 ; O'Aeill and Others v. Longman, 32 L. J. M. C. 259 ; 8 L. T. 657. 7. Case may be sent back for amendment. — The court for the opinion of which a case is stated shall have power, if they think fit, to cause the case to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended. Application to amend. — An application to send back for amendment a case on appeal under section 2 may be entertained by the court before the day of argument, as there is nothing in the Act to take away the ordinary jurisdiction of the court as to amending special cases. In the particular case it was agreed that the case should go back for amend- ment, and that each party should be at liberty to submit to the justices any additions which they might think ought to be made. Yorkshire lire and Axle Company v. Botherham Local Board of Health, 4 <'. P.. (.vs.) 362 : 22 J. P. 625 : 27 L. J. C. P. 23."». In Hodgson, app., Little, resp., lt> C. B. (n.s.) 202, a case under 20 k 21 Vict. c. 4S, was remitted to the magistrates to be amended. The court, however, will not on a mere suggestion by the appellant in the affidavit that there has been misconduct or negligence in drawing a case, -end it back to be amended or re-stated, though they do so if they find the materials tote insufficient. Townsend, app., Bead, resp., 4 L. T. 447 ; and see Pedgrift v. Chevalier, 8 C. B. (n.s.) 246 ; and Yorkshire Tire Company v. Botherham, supra. 8. Jurisdiction of judge at chambers.— The authority and jurisdiction hereby vested in a superior court for the opinion of which a case is stated under this Act shall and may (subject to any rules and orders of such court in relation thereto) be exercised by a judge of such court sitting at chambers [mid as well in vacation as in term time]. [Words in brackets repealed, 61 & 62 Vict. c. 22.] It was considered to be doubtful whether this section applies to pro- ceedings for compelling the statement of a case. See per Chanhell, B., 446 Statement of Case by Justices, dec. App. ex parte Smith, 27 L. .). M. C. 186 ; but see now rule 80 of the Crown Office Rules, 1886, which provides that "an application for an order Note in the nature of a mandamus to justices to state and sign a case shall to be by motion for an order nisi to a divisional court of the Queen's Bench Sect. 8. Division. 7 ' 9. After the decision of superior court, justices may issue warrants. — After the decision of the superior court in relation to any case stated for their opinion under this Act, the justice or justices in relation to whose determination the case has been stated, or any other justice or justices of the peace exercising the same jurisdiction , shall have the same authority to enforce any con- viction or order, which may have been affirmed, amended, or made by such superior court, as the justice or justices who originally decided the case would have had to enforce his or their determina- tion if the same had not been appealed against; and no action or proceeding whatsoever shall be commenced or had against the justice or justices for enforcing such conviction or order by reason of any defect in the same respectively. 10. Certiorari not to be required for proceedings under this Act. — No writ of certiorari or other writ shall be required for the removal of any conviction, order, or other determination in relation to which a case is stated under this Act, or otherwise, for obtaining the judgment or determination of the superior court on such case under this Act. See Palmer v. Thitrhcr, 3 Q. B. D. 346 ; 47 L. J. M. C. 54 ; 42 .1. P. 213 ; 26 W. R. 24 ; 37 L. T. 784. 11. Rules for proceedings. — The superior courts of law may from time to time, and as often as they shall see occasion, make and alter rules and orders to regulate the practice and proceedings in reference to the cases hereinbefore mentioned. Rules 143—146 of the Crown Office Rules. 1886, deal with copies of the case for the use of the judges. 12. "Justices" to include a stipendiary magistrate. The words "justice or justices" in this Act shall include a magistrate of the police courts of the metropolis and any stipendiary magistrate. 13. Recognizances, how to be enforced.— In all cases where conditions, or any of them, in the said recognizance mentioned, shall not have been complied with, the justice or justices who shall have taken the same, or any other justice or justices, shall certify upon the back of the recognizance in what respect the conditions thereof have not been observed, and transmit the same to the clerk of the peace of the county, riding, division, liberty, city, borough, or place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances forfeited •20 & 21 Vict. c. 43, s. 14. 447 App. at quarter sessions may now by law bo enforced, and such certifi- cate shall be deemed sufficient primel facie evidence of the said recognizance having been forfeited : Provided that where any such Note recognizances shall have been taken in England before a magistrate t0 of the police courts of the metropolis, or by any stipendiary magis- ??*• trate, all sums of money in which any person or persons shall be therein hound may. if the said magistrate shall think lit, bo Levied, upon such recognizance being forfeited, and on non-payment thereof, together with the costs of the proceedings to enforce such payment, in the same manner as a police magistrate of the metro- polis is now empowered to recover any penalty, forfeiture, or sum of money, by section forty-five of the Metropolitan Police Courts Act, 1839 (2 & 3 Vict. c. 71, s. 45), and that all and every the pro- visions and enactments contained in the said section forty-five shall extend to and be applicable to this Act, in as ample a manner as if they had been herein re-enacted and made part of the sanie. The 2 ,v :; Vict. e. 71, s. 4.~>. is repealed by 47 & IS Vict. c. 41? (The S. J. Act. 1884), schedule, ante. As to the enforcement of recognizances estreated, see '■'< Geo. 4, c. 46, post, and 12 & 13 Vict. c. 45, s. 17. post. 14. No appeal to quarter sessions. — Any person who shall appeal under the provisions of this Act against any determination of a justice or justices of the peace from which he is by law entitled to appeal to the quarter sessions shall be taken to have abandoned such last-mentioned right of appeal, finally and conclusively, and to all intents and purposes. 15. Extent of Act. — This Act shall not extend to Scotland. SCHEDULE A. Fees to be taken by Clerks to Justices. s. d. For drawing case and copy, where the case does not exceed five folios of ninety words each . . . . . . ..100 Where the case exceeds five folios, then for every additional folio * . . ..10 Eor the recognizance to be taken in pursuance of the Act . . 5 For every enlargement or renewal thereof . . . . . . 2 <> For certificate of refusal of case . . . . ..20 448 App. THE QUARTER SESSIONS ACT, 1849. USUALLY CALLED "BAINES' ACT." (Relating to Procedure at Quarter Session: a ox Appeal. from Courts of Summary Jurisdiction.) 12 & 13 VICT. Cap. 45. 1. Notice of appeal to quarter sessions. — In every case of appeal (except as hereinafter mentioned] to any court of general or quarter sessions of the peace fourteen clear days' notice of appeal at least shall be given, and such shall he sufficient notice, any Act or Acts, or anyruleor practice of any court or courts, to the contrary notwithstanding: and such notice of appeal shall he in writing, signed by the person or persons giving the same, or by his, her, or their attorney, on his, her, or their behalf, and the grounds of appeal shall be specified in every such notice: Provided always, that it shall not be lawful for the appellant or appellants, on the trial of any such appeal, to go into or give evidence of any other ground of appeal besides those set forth in such notice. This section is. by the S. J. Act, 1884, schedule, ante, specifically repealed so far as relates to any appeal against an order of a court of summary jurisdiction. Saving regard to the limitations upon the scope of this section imposed by section 2 of this Act. it would seem that the procedure herein provided did not apply prior to 1884 to any appeals to quarter sessions, except such as were from orders of Courts of Summary Jurisdiction within the meaning of the repealed seel ion 7 of the S.J. Act. 1884, and section 13 (11) of the Interpretation Act, ISS'.i. From which it appears to follow that the above-mentioned repeal in the schedule to the S.J. Act. 1SS4. renders sections 1 and 2 of Baincs" Act altogether nugatory. 2. This Act not to affect appeals in certain matters.— None of the provisions hereinbefore contained relating to notices of appeal shall be construed to affect or alter the law as to notice ..f appeal against a summary conviction, or against an order of removal, or against an order under any statute relating to pauper lunatics, or against an order in bastardy, or against any proceedings under or by virtue of any of the statutes relating to fier Majesty's revenue of excise or customs, stamps, taxes, or post-othce, but the law with regard to notices of all such appeals shall be deemed and 12 a 13 Vict. c. 45, 9. 5. 449 taken to be the same ;i- if the provisions hereinbefore contained had App. nut been enacted. Sect. 2. a uniformity of appeals from convictions and orders of . a - • jiKXMAN. J., in Shingler v. Sm it A, quoted ante, p. 177, S. J. A •. 1 879, and s - 1884. - ■ S. J: Act, 1-7;". ante. 3. Certain objections not to prevail— Amendment. -Upon the hearing of any appeal to any court of general or quarter ■ fchi • no objection on account of any defect in the tuna . • a rth any ground of appeal shall be allowed, and no ■ on to the reception of legal evidence offered in support of any ground of appeal shall prevail, unless the court shall be of opinion that such ground of appeal is so imperfectly or incorrectly set forth as to be insufficient to enable the party receiving the same to inquire into the subject of such statement, and to prepare for trial: Provided always, that in all cases where the court shall be nf opinion that any objection to any ground of appeal, or to the -.11 of evidence in support thereof, ought to prevail it shall be lawful for such court, it it shall so think tit. to cause any such ground oi appeal to be forthwith amended by some officer of the court, or otherwise, on such terms as to payment of costs ti> the other party, or postponing the trial to another day in the same - or to the next subsequent sessions, or both payment of costs and postponement, as to such court shall appear ju>t and reasonable. 4. Costs in frivolous or vexatious appeals. — It in any of appeal the appellant or appellants shall have included any ground or grounds of appeal which shall, in the opinion of nt determining the appeal, !»• frivolous or vexatious, such appellant or appellants shall be liable, it the court .-hall so think fit, to pay the whole or any part of the costs incurred by th^ respondent or respondents in disputing any such ground or grounds of appeal, such costs to be recoverable in the manner hereinafter directed as to the other costs incurred by reason of such appeal. 5. General powers as to costs of appeals. -Upon any appeal to any court of general or quarter sessions of the peace the court before whom the same shall be brought may. it it think tit. order or direct tin- party or parti'- against whom the same shall b>- decided to pay to the other party or parties such costs and cl _ - as may to such court appear just and reasonable, such costs to be recoverable in the manner provided for the recovery of costs upon an appeal against an order or conviction by the Summary Jurisdiction Act, IMS 11 A: 12 Vict. '■• 43). 27th section of the 11 & 12 V ct. c. 13, ante. This section includes appeals in whirl) the appellant has entered into 3.J.A. G G 450 Baines' Act. App. recognizances to pay costs. Freeman v. i.'2 J. P. 264. 6. Costs where appeal is not prosecuted. — And for the more effectual prevention of frivolous appeals, any court of general or quarter sessions of the peace, upon proof of notice of any appeal to the same court having boon given to the party or parties entitled to receive the same, though such appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same sessions for which such notice was given, order to the party or parties receiving the same such costs and charges as by the said court shall be thought reasonable and just to be paid by the party or parties giving such notice, such costs to be recoverable in the manner last aforesaid. 7. Powers of amendment on appeal or certiorari. If upon the trial of any appeal to any court of general or quarter sessions of the peace against any order or judgment made or given by any justice or justices of the peace, or if upon the return to any writ of certiorari any objection shall be made on account of any omission or mistake in the drawing up of such order or judgment, and it shall be shown to the satisfaction of the court that sufficient grounds were in proof before the justice or justices making such order or giving such judgment to have authorised the drawing thereof free from the said omission or mistake, it shall be lawful for the court, upon such terms as to payment of costs as it shall think tit, to amend such order or judgment, and to adjudicate thereupon as if no such omission or mistake had existed : Provided always, that no objection on account of any omission or mistake in any such order or judgment brought up upon a, return to a writ of certiorari shall be allowed unless such omission or mistake shall have been specified in the rule for issuing such certiorari. In //. v. Higham, 27 P. .1. M. C. IP", ; 7 E. ,V P. 557 ; 3 Jur. 691, an order of affiliation omitted to state that the mother's residence was 12 d- 18 Vict. c. 45, a. 8. 451 within the petty sessional division ; bu1 the summons, a copy of which App. was put in evidence before the justices, alleged this fact. It was held • thai the justices had sufficient grounds before them to have drawn up Note the order in proper form, and that the court on application for a to certiorari to issue to quash such order might amend the same. So in Sect. 7. //... IleUingley, 28 L. J. M. C. 167 : t B. & E. 71'.' ; 5 Jur. 626, an order was amended by inserting the words "in and for the borough," &c, it pn \ iously run " justices, &c, for the borough." In /.'. v. Ttmlinson, I..' R. 8 Q. B. 12 : 4i> L. J. M. C. 1 : 27 L. T. Ml ; 21 W. B. 170; a woman was delivered of a bastard child on .May 27th, 1870. On the llth August, 1870, she applied for a summons, which was withdrawn. On April llth, 1871, she applied for another summons, ami under that summons the paymenl was ordered from August llth, 1870, until the child should reach thirteen year-. The court refused to amend, as the order was wrong in point of substance. See 1 reatise :>7 J. P. 1 7. i.: /.' v Walker, to J. P. 682, th< art amended a conviction by substituting turn for three months' imprisonment, it appearing that the won I •■ three" was a clerical error. An omission not being of merely formal matter cannot be amended on appeal. /.'. v. Padtniry,5 Q. I'>. D. [26; 19 L. J. M. C. 55; 28 W. R. 182 ; II •). P. 361 ; and /.'. v. Middlesex .1.1.. in re Slade, ante, p. 186. On an information under the Public Health (London) Act. 1891, for not abating a nuisance, the conviction imposed a fine and imprisonment with hard labour in default of distiess. The defendant paid the fine without appealing: — Held, on certiorari that the conviction must be shed. /.'. v. Slade, ex parte Saunders, 59 J. P. 279, 471 On another oformation under the same Act for disobeying a closing order, the conviction was in a similar form. The defendant appealed to quarter ons without paying the fine. The quarter sessions, on evidence that the mention of hard labour in the conviction was due to an over- sight on the part of the magistrates' clerk in drawing it up, amended the conviction under Baines' Act, affirmed tin iviction as amended, and ! --i'd the appeal. Ilv grounds of appeal, and as to the substi- tution of any new recognizance or recognizances as aforesaid, shall be final, and shall not be liable to be reviewed in any court, by means of a writ of certiorari or mandamus, or otherwise. Where the Queen's Bench Division removes the judgments or orders of inferior tribunals under its original common law jurisdiction (and not any new .statutory appellate jurisdiction) for the purpose of inquiring into the validity or them, it does not exercise an appellate jurisdiction so as to bring the case within section 45 of the Judicature Act, 1873. requiring special leave to appeal from the decision of the Divisional Court to the Court of Appeal. R. v. Savin. 6 Q. B. D. 309; 29 W. R. 638 ; /.'. v. lllingworth, is J. P. 37 : 53 L. J. M. C. 60 : 32 W. It. 451 : but see now .~>7 i: 58 Vict. c. 16. And in appeals in rating matters an appeal lies from the Queen's Bench Division to the Court of Appeal upon a case stated under section 11 of 12 & 13 Vict. c. 4.->. Peterborough v. Wilstkorye, 12 Q. B. D. 1 : 53 L. J. M. ( '. 33 : 50 L. T. 189 : 32 W. R. 458 : 48 J. P. 373 : Walsall v. London and Nortli Western Railway Company, 4 App. Ca. 30; 18 L. J. Q. B. 65 : 39 L. T. 453 : 27 YV. R. 189 : bul see now .".7 & 58 Vict, c. It'., and a Treatise on the subject at 58 J. P. 555. But the rule is different where the appeal is under a statute, as in Hint on v. Swindon Loral Board, 42 L. T. <514 : 44 J. P. .".().". : 4'.» L. J. Q. B. 552 : 28 \V. R. 804, where in a case under the Public Health Act, 1875, an appeal was brought to quarter sessions, which quashed the order appealed from, subject to a case reserved under section 2<>i>. sub- section (7). it was held that the case so reserved fell within the provisions of section 45 of the Judicature Act, 1873 (36 t V; 37 Vict. c. 66), and that no appeal could be brought from the Queen's Bench Division unless special leave to appeal were granted : but see now 57 & 58 Vict. c. 16. In Holborn v. Cliertsey Union, 15 Q. B. D. 76 ; 54 L. J. M. C. C!7 ; 33 W. R. 698, reversing I 1 Q. B. D. 289 : 53 L. J. M. C. 53 : 52 L. T.;102 ; 33 W. R. 344 : 49 J. P. 166, it was held that an appeal Lies to the Court of Appeal from the decision of the Divisional Courl upon a case stated under 12 & 13 Vict. <•. 45. s. 11. on an appeal from an order of removal of a pauper made by justices to the quarter sessions, it not being a decision of the Divisional Court on an appeal from petty or quarter sessions within the meaning of section 45 of the Judicature Act, 1873, and it being an order within section 19 of that Act. In R. v. Durham ./■/.. .").". J.«P. 277. it was held that no certiorari could be granted, the justices being the exclusive judges as to the sufficiency. 10. Amendment of indictments by quarter sessions. — Every court of general or quarter sessions of the peace, on the trial of any offence within its jurisdiction, whenever any variance or variances shall appear between any matter in writing or in print produced in evidence and the recital and setting forth thereof in the indictment, shall have the same power in all respects to 12 .i 13 Vict. <■. 45, s. 11. 453 cause the indictment to be amended which is given to courts of oyer App and terminer and general gaol delivery with regard to offences tried - before such last mentioned courts bvvirtue of an Act of the twelfth »ect year of Eer Majesty's reign, intituled " An Art for the Removal 1U - of Defects in the Administration of Criminal Justice" (11 & 12 Vict, c. in ; and after such amendment the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise as if no such variance or variances had appeared. 11. Special case, after notice given of appeal to quarter sessions. At any time after notice given of appeal to any court of general or quarter sessions of the peace against any judgment, order, rate or other matter (except an order in bastardy, or a pro- ce'eding-under or by virtue of any of the statutes relating to Her Majesty's revenue' of excise or customs, stamps, taxes, or post- office), for which the remedy is by such appeal, it shall be lawful for the parties, by consent* and by order of any judge of one of the superior courts of common law at Westminster, to state the facts of the case in the form of a special case for the opinion of such superior court, and to agree that a judgment in conformity with the decision of such court, and for such costs as such court shall adjudge, may he entered on tlie motion by either party at the sessions next or next but one after such decision shall have been given : and such judgment shall and may be entered accordingly, and shall 1 f the same effect in all respects as if the same had been given by the court of general or quarter sessions upon an appeal duly entered and continued. Where a case is stated" for the opinion of the Queen's Bench Division, under section 11. it should contain a statemenl of the agreement of the parties thai judgmenl in conformity with 'lie decision of that courl may be entered at quarter sessions in manner provided by the section. Peterborough v. Thvrlby, I.. R. 8 <,>. B. 1». 586. The courl of quarter sessions ha- no power to state a special case upon an application to enter and respite an appeal. Therefore where justices in sessions ordered an appeal to be entered ami respited, subject case tor the opinion of the superior court, ami the question Lefi fot Buch court by the case waswhether the sessions were right in making i he order, if not, the appeal was to he struck out. the Court of Queen's Bench refused to Look at a case reserved on such an order on the ground that their decision would not finally dispose of the appeal. J', v. Sutton Coldjield, L. R.9 Q. B. 153 ; 29 L.T.840 ; 38 J. I'. 166 ; t3 L. J. M. C.57 : •12 W. It. 324 : and R. v. Ag/tton, 38 J. P. 852. No certiorari to remove conviction on which special case stated by sessions.— By section 40 of 1-2 & 43 Vict. c. 19 (The S. J. Act, 1879), ante, it is provided that no certiorari shall !»■ required "for the removal of any conviction, order, or other determination in relation to which a special case is stated by a court of general or quarter sessions for obtaining the judgmenl or determination of a superior court." In Clark v. Alderbury Union, 29 W. R. 334 ; S. 0. Clark v. FUTierton Angar (Overxeers), »; Q. B. I». L39 ; 50 L. .1. M. «'. :;:{ : [:> .!. p. 358; 454 Baines' Act. App. 2U W. R. 334, where a case was stated by sessions on a rating appeal; it was held that the clerk of the peace on receiving notice from the Note solicitor of the party requiring it should send up the case to the Crown to Office. Sect. Costs in civil proceeding's on Crown side. — In the same case 11. it was held that where a case is stated by sessions nn appeal against a poor rate the proceeding is a civil proceeding mi the Crown side of the Queen's Bench Division within the Rules < .f 1880. Older lvii.. r. 2, and the costs are in the discretion of the court under Order lv. Criminal proceeding-. — Bui in 11. v. Bacecndale, 6 Q. B. D. Ill: 50 L. .1. M. C. 3d : 2'.t W. It. 335, it was held that Order lvii. does not enable the court to give costs in criminal proceedings on the Crown side of the Queen's Bench Division on appeal from the sessions. So that when the appeal was from a conviction under the Weights and Measures Act the court was unable to make any order as to costs. A rule for a certiorari to bring up an order of justices under section 158 of the Public Health Act. is;:, (38 & 39 Vict. c. 55), is a civil pro- ceeding on the Crown side of the Queen's Bench Division. II. v. Morris. SI \V. R. 609. Oost> cannot be given to a successful applicant for a certiorari. R. v. Parlby. 53 J. 1'. 774. 12. [Becital of !t Will. :>. c. 1.3, as 1<> arbitrations.']— Arbitration after notice given of appeal to quarter sessions. At any time after notice given of appeal to any court of general or quarter sessions of the peace against any order, rate, or other matter (except a summary conviction, or an order in bastardy, Or any proceeding under or by virtue of any of the statutes relating to Her Majesty's revenue of excise or customs, stamps, taxes, or post-office), for which the remedy is by such appeal, it shall be lawful for the parties, by themselves or their attomies, and by oriler of a judge of Her Majesty's Court of Queen's Bench, to submit the matter or matters of such appeal to the award or umpirage of any person or persons. And every award or umpirage duly made under this Act shall be as binding and effectual to all intents as if the same had been a regular judgment of the -aid court of general or quarter sessions, and shall and may, on the application of either party, be enrolled among the records of the said court of sessions. 13. Arbitration by order of court of quarter sessions. — Tt shall be lawful for any court of general or quarter sessions of the peace before which any appeal (except agamst a summary conviction, or an older in bastardy, or tiny proceeding under or by virtue of any of the statutes relating to Her Majesty's revenues of excise or customs, stamps, taxes, or post-office) shall be brought, to order, with the consent of the parties or their attomies, that the matter or matters of such appeal be referred to arbitration to such person or persons, and in such manner and on such terms as the said court shall think reasonable and proper; and the award of the arbitrator or arbitrators, or umpirage of the umpire, may. on motion by either party, at the sessions next or next but one after such award or umpirage shall have been finally made and 12 <('• 13 Vict. c. 4.",, g. 17. 165 published, or after the decision of the Court of Queen's Bench on App. any motion for setting aside the same, be entered as the judgment _— - of the court of general or quarter sessions in the appeal, and 5 ^t. shall I.- as binding and effectual to all intents as if given by the l9t said court. I h. order may deal with costs. Bui if it be silenl on the matter of costs the arbitrator has no power to award them, West London Extension Hallway v. Fit 1 ham Union, L. R. •", Q. I'.. 361 ; 39 L. J. Q. B. 17^ : 22 L. T. 523. In /.'. v. Middlesex .1.1.. L. R. 6 Q. B. 220; 40 L. J. M. C. 109: 24 I.. I'. 13] : 19 W. R. 744. it was held thai on a reference to an arbitrator under this section, no mention being made of costs, and the appeal being adjourned from sessions to sessions, on the award being made, the subsequent sessions have no power to award any costs, either of the arbitration or -if the appeal. But where the costs are in the discretion of the arbitrator the taxation may I"- after the expiration of the sessions. Southampton Gaslight and Coke Company v. Southampton, 2 <,>. B. I>. 371 : 46 L. J. M. C. 238 ; 36 L. T. 548 ; 25 W. It. C71 : 41 J. P. 645. 14. Where reference abortive Queen's Bench may order quarter sessions to hear the appeal. — If upon any reference to arbitration under this Act it shall be made to appear to the < tourt of Queen's Bench that, either from the death of the arbitrator or arbitrators or umpire, or from any other cause, it has become impossible that an award or umpirage can be made, it Bhall be lawful tortlie said court to order the court of general or quarter sessions of the peace to enter continuances and hear the appeal. 15. [Repealed by Statute Law Revision Act, 1891.] 16. Recognizances not to be forfeited by statement of special case or submission to arbitration. No recognizance entered into pursuant to any statute or statutes for the prosecu- tion and trial of any appeal shall be deemed to be forfeited by such agreement as aforesaid for the statement of a special case without previously going to the court of general or quarter sessions, or by any submission to arbitration underthe provisions of this Act. 17. Recovery of fines, &c, imposed by justices. And whereas by the Levy of Fines Act, 1822 3 Geo. IV. c. 46), provision is made for authorising the levying and recovery of fines, issues, amerciaments, and forfeited recognizances set, imposed, lost, or forfeited by or Indole any justice or justices of the peace hi England: And whereas it is expedient that the subsequent pro- ceedings in such cases should be uniform: Be it enacted, that the proceedings subsequent to such authority given for so levying and recovering as aforesaid shall and may he the Bame in all respects in the case of such tine.-, issues, and amerciament-- as are by the said Act provided, permitted, and required in the case of such forfeited recognizances. 456 Parts of Statiites Referred to in Haines' Act. App. 18. Enforcement of orders after removal by certiorari. — In all cases where any order shall be made by any court of general Sect. or quarter sessions of the peace it shall be lawful for the Court of *'■ Queen's Bench, or for any judge of that court at chambers, either in term or vacation, upon the application of any person entitled to enforce such order, and upon the production of a copy of such order under the hand of the clerk of the peace or his deputy, and upon proof of refusal or neglect to obey such order, to order and direct such order of the court of general or quarter sessions to be removed into the said Court of Queen's Bench, and thereupon such order shall be of the same force and effect, and may be enforced in the same manner, as a rule made by the said Court of (Jueen's Bench; and all the reasonable costs and charges attendant upon such application and removal shall be recoverable in like manner as if the same were part of such order. This section does not apply to an order of quarter sessions to abate a nuisance made after the trial of an indictment for the nuisance. 1,'. v. JBateman, 27 L. J. M. C. '.'5 : 8 E. & B. 581 ; 4 Jur. 301. Where proceedings arc taken under this section, objections may be taken to the order on removal. The party affected by it cannot remove it by certiorari, that remedy being taken away ; yet if the other party has brought up the order, and seeks to enforce it. the party affected may object to it as bad on the face of it. /.'. v. Hellier, '21 L. .1. M. C. :'■ : l."> J. P. 675 : 17 Q. B. 229 : 15 Jur. '.ml ; It. v. Hyde, 21 L. J. M. C. '.'4 : Ell. k Bl. 859 ; 9<> Jur. 337 : L6 J. 1'. "',7. See also Hawker v. Field. 20 L. J. M. C 41 : 1 Low. Max. .V; Pol. 606, and note : and 11. v. Ely ■/./.. 5 E. & B. 489 ; 25 L. J. M. CI: 1 Jur. 1017. Where on appeal under the repealed statute '.• I reo. 4. c. 31. for refusing to renew an alehouse licence, the appeal being dismissed and the appellant ordered to pay a sum for costs, it was hel«l that this section gave a remedy for enforcing such order additional to that provided by the Alehouse Act, 1828 (9 Geo. 4. c. 61, s. 27). 19. [Act not to extend to Scotland or Ireland.] STATUTES r EFERRE tj T() L \ QK MATERIAL TO BAIXES' ACT. :5 GEO. 4, Cap. 46. THE LEVY OF FINES ACT, 1822. ****** 2. Fines, &c, imposed by any justices shall be certified by them to the clerk of the peace, &c. ; who shall copy the same on a roll, together with fines, &c, imposed at quarter sessions, and send a copy of such roll, with writ of " dis- tringas,'' &c, to the sheriff, &c, as authority for levying 3 Geo. 4, c. 46, s. 2. 457 such fines, &c— Persons apprehended to be lodged in com- App. mon gaol.— And be it further enacted, that from and after the — — twenty-ninth day of September, one thousand eight hundred and Bect -*- twenty-two, all fines, issues, amerciaments, forfeited recognizances, sum or Bums of money paid or to be paid in lieu or satisfaction of thru, or any of them (save and except the same shall by virtue of any Act or Acts of parliament made or to be made, be otherwise diverted to l.o levied, recovered, appropriated, or disposed of . which aheadv are or hereafter shall be set, imposed, lost, or forfeited by or before any justice or justices of the peace in that pari of the United Kingdom called England, shall be and are hereby required to be certified by the justice or justices of the peace, by or before whom any such tines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them shall be set. imposed, h.st. or forfeited, to the clerk of the peace of the county, or town clerk of the city, borough, or place, in writing, containing the names and residences, trade, profession, or calling of the parties, the amount of the sum forfeited by each respectively, and the cause of each forfeiture, signed by SUCh justice or justices of the peace, on or before the ensuing general or quarter sessions of such county, city, borough, or place respectively ; and such clerk of the peace or town clerk shall copy on a roll such hues, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, together with all tine-, issues, amerciament-, forfeited recognizances, sum or -urns of money paid or to be paid in lieu or satisfaction of them, or any of them, imposed or forfeited at such court of general or quarter sessions, and shall, within such time as shall be fixed and deter- mined by such court, not exceeding twenty-one days after the adjournment of such court, send a copy of such roll, with a writ of distringas and capias, or fieri facias ami capias, according to the form and effect in the schedule marked (A.) annexed to this Act(a), to the sheriff of such county, or the sheriff, bailiff, or officer of such city, borough, or place, having execution of process therein respectively, a- the case maybe; which shall be the authority to smh sheriff of such county, or the sheriff, bailiff, or officer, as the case may lie, tor proceeding to the immediate levying and recover- ing of such fines, issues, amerciaments, forfeited recognizances, sum or sums of money to be paid in lieu or satisfaction of them or any of them, on the .roods and chattels of such several persons, or for taking into custody the bodies of such persons, in case sufficient goods and chattels shall not lie found whereon distress can be made for recovery thereof; and every person so taken shall be lodged in the common gaol until the next general or quarter sessions of the peace, there to abide the judgment of the said court. (,/ ) By the Queen's lie mbrancer Act. 1859 (22&23Vict. c. 21,s.30), the form of writ in the schedule to thai Act shall lie substituted for the form in Schedule (A.) to tin- Act. 458 Parts of Statutes Referred to in Bailies' Act. App. 3. Clerk of the peace, &c, to make oath as to fines, &c. — Form of oath. — And be it further enacted, that the clerk of the Sect. 3. peace or town clerk shall, before he shall deliver the roll to such sheriff, bailiff, or officer containing the fines, issues, amerciaments, forfeited recognizances, sum or >ums of money paid or to be paid in lieu or satisfaction of them or any of them, and is hereby required to make oath before any justice of the peace, for the county, riding, citv, borough, or place for which such clerk of the peace or town clerk shall act, which oath shall be indorsed on the back of the writ or of the said roll attached thereto, such clerk of the peace or town clerk stating therein all such hues, issues, amerciaments, forfeited recognizances, sum or sums of money which shall have been paid or otherwise accounted for ; and such oath shall be made in the form following : — '•I, , maketh oath that this roll is truly and carefully made up and examined, and that all fines, issues, amerciaments, recognizances, and forfeitures, which were set, lost, imposed, or forfeited, and in right and due course of law ought to be levied and paid, are, to the best of my knowledge and imderstanding, inserted in the said roll, and that in the said roll are also contained and expressed all such fines as have been paid to or received by me, either in court or otherwise, without any wilful or fraudulent dischai'ge, omission, misnomer, or defect whatever. So help me God." ****** 5. Persons may appeal to quarter sessions against levy of forfeited recognizance. &c., upon giving security. — Pro- vided always, and be it enacted, that if any person, on whose goods and chattels such sheriff, bailiff, or officer, shall be authorised to levy any such forfeited recognizance or sum of money to be paid in lieu or satisfaction thereof, shall give security to the said sheriff, bailiff, or officer for his appearance at the next genera] or quarter sessions, then and there to abide the decision of the court, and also to pay such forfeited recognizance or sum of money to be paid in lieu or satisfaction thereof, together with all such expenses as shall be ordered and adjudged by the court, it shall be lawful for such sheriff, bailiff, or officer, and he is hereby authorised and required, to discharge such person so giving such security out of custody: Provided also, that in case such party so giving security shall not appear in pursuance of his undertaking, it shall be lawful for the court forthwith to i.-.sue a writ of distringas and capitis, or fieri- facias or i<» committed to gaol or bound to appear shall be brought, is hereby authorised and required to inquire into the circumstance- of the case, and -hall at its 14 «i 15 Vict. c. 55, s. 9. 459 discretion be empowered to order the discharge of the whole of the App. forfeited recognizance <>r sum of money paid <>r to be paid in lieu - or satisfaction thereof, or any part thereof; and such order shall be Sect. 6. made iii the form or to the effect <>i' the schedule marked C)to this Act annexed, and shall be signed by the clerk of the peace: which said order shall be a discharge to such sheriff, bailiff, or officer, on the passing of his accounts at the exchequer, or before any auditor or other proper officer duly authorised to pass the same : and in all cases where the party shall have been lodged in the common gaol by such sheriff, bailiff, or other officer, the justices of the peace SO assembled are hereby empowered either to remand >uch party to the custody of the sheriff, bailiff, or other officer, or, upon the relief of such party from the whole of such forfeited recognizance, to oriler such party to be discharged from custody ; and such order shall be a full and sufficient discharge to the said sheriff, bailiff, or officer on the passing of his accounts at the exchequer or before any auditor or other proper officer duly authorised to pass the same: and it shall and may be lawful to and for the said court of general or quarter sessions to award such costs charges and expenses to be paid by either party to the other, as to the said court shall seem just and reasonable. JUSTICES' CLERKS. M & \:> VICT. Cat. 5.'-. THE CRIMINAL JUSTICE ADMINISTRATION Aut of the borough fund of the borough, as the case may be, for of in which such clerk of the peace or other clerk to whom the same is payable is appointed or acts: Provided always, that no clerk of the peace or other such clerk as aforesaid appointed after the passing of this Act shall be entitled to any compensation on account of any reduction of his emoluments occasioned by any order made under this enactment: Provided also, that no order shall be made in pursuance of any recommendation of the council or governing body of any borough in relation to the mode of payment or the amount of salary of any such clerk other than the clerk of the peace for such borough, unless the justices of such borough at ■i meeting of such justices approve of such recommendation, and such approval be certified to such secretary of state, under the hand of the chairman of such meeting. By 40 & 41 Vict, c i:s. s. 1<». post, so much of this section as empowers a secretary of state to direel that a clerk be paid by fees in lien of salary (either generally, or in respect of excepted business), is repealed. 10. Salary to be remuneration for all business. -AYhere any *-lerk is paid by salary, under any order made by virtue of this Act, such salary shall include and be deemed the remuneration for all business which such clerk may, by reason of his office, be called on to perform; and no other payment shall be made for any such business, or for or to a deputy of any such clerk. 11. Clerks paid by salaries shall account for fees to the treasurer of the county or borough. -Save as hereinbefore pro- vided, all the fees which any such clerk as aforesaid would have been for the time being entitled to receive to his own use if such order had not been made shall, so lone' as any order for payment of such clerk by salary in lieu of fees is in force, be by him received .and paid in any county, riding, division, or liberty to the treasurer 11. 40 ,i 41 Vict. c. 43. 4G1 iu aid of the county rate or rate in the nature of a county rate of A PP- such county, riding, division, or liberty, and in any borough to the irer in aid of the borough fund, and such fees shall be *f^ accounted for from time to time in such manner and under such regulations as the justices at quarter sessions, or in any borough the council or other governing body may direct. now section 9 of 40 & 41 Viet. c. i:i. /««'. 12. Fees may be remitted by justices. — Where any clerk is paid by salary by virtue of any order made under this Act. any justices it justice before whom any proceeding is had, whereon a fee i- payable which should he accounted foi by such clerk under tlii— Act. or before any person is summoned for non-payment of any such fee, may remit such fee in whole or in part for poverty or othe'r reasonable cause, in their or his discretion, and in every such case the justices or justice by whom any fee i- wholly or in part remitted shall cause an entry to lie made, in a hook or books to he kept for that purpose by such clerk, of the nature and amount of the several fee- so remitted and of the reason for the remission in sucb case, which entry shall he signed by the justice, or two or more of the justices authorising such remission, and shall be a sufficienl voucher to discharge the clerk therefrom. Byrule lOof theS. J. Rules, 1886, ante, the book required to be kepi by :tion -hall In- kept in the form given in Part III. of the Schedule thereto. 4d & 41 VICT. Cap. 43. THE JUSTICES CLERKS ACT. 1*77. Whebeas h\ section nine of the Act of the session of the f ourteenth and fifteenth years of the reign of Her present Majesty, chapter fifty-five, intituled •• An Act to amend the law relating to the expenses of prosecutions, and to make further provision for the apprehension and trial of offenders in certain cases" (in this Act referred to as '-the principal Act," 14 & 15 Met. c. 55), it i- pro- vided that one of Her Majesty's principal secretaries of state in this Act referred to as a secretary of state upon the recommendation of the justices, council, or other governing body as therein men- tioned in tin- Act referred to as ••the local authority" may, by order, direct that the clerks of special and petty sessions and the clerks of justices of the peace within the jurisdiction of such local authority, or any of such clerks, are to be paid by salaries in lieu <>( ad other payment-, and tix the amount of salary so to he paid. And whereas by the .-aid Act the Secretary of state is authorised, 40'2 Justices' Clerks. App. on the recommendation of the local authority as therein mentioned, to order that certain business specified in the recommendation should not lie included in fixing the salary of any clerk, and that such clerk should be paid for that business (in this Act referred to as excepted business) by fees and not by salary : And whereas it is expedient to provide that all the said clerks should be paid by salary in lieu of fees, and to provide for the qualification, appointment, and fees of the said clerks : Be it therefore enacted by the Queen'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 tlie authority id' the same, as follows : Sect.l. i. Short Title. — This Act maybe cited as the Justices Clerks Act, 1877. 2. Payment of clerks of petty sessions, &c, by salary under 14 & 15 Vict. c. 55, s. 9, made compulsory. — Where at the passing of this Act an order under the principal Act is not in force for the payment by salary in lieu of fees of any clerk of special or petty sessions or clerk of justices of the peace within the jurisdiction of any local authority, that local authority shall, as soon as may be after the passing of this Act, and in any case before the first day of February, one thousand eight hundred and seventy- eight, make a recommendation to a secretary of state in pursuance of the principal Act with respect to the payment of such clerk by salary in lieu of fees, and the secretary of state shall make an order directing such payment; and if, in the case of any of the said clerks, such recommendation as enables a secretary of state to make an order under the principal Act is not received by the secretary of state before the said first day of February, the secretary of state shall, in like manner (as nearly as circumstances admit) as if such recommendation had been duly made, make an order under the principal Act directing the payment of such clerk by salary in lieu of tees for all business (other than the business of giving copies of depositions if that business is excepted by the order) and fixing the amount of the salary. Every such salary may, if it is thought lit, be made to vary according to the number of cases or amount of business. Subject as aforesaid, every such salary shall lie deemed to accrue I mm day to day and shall be paid quarterly or at such less intervals as may be from time to time fixed by the local authority. 3. Provision as to clerks of petty sessions partly paid by salary under 14 & 15 Vict. c. 55, ss. 9, 10, or paid under a special Act.- Where at the passing of this Act an order is in lone under the principal Act for the payment of any clerk of special or petty sessions or clerk of justices of the peace by salary in lieu of lees, lmt an order has been made that SUCD clerk should be paid for certain excepted business (other than that of giving copies of 40 ,('■ 41 Vict c. 48, 8. 5. 468 deposition- by fees and not by salary, this Art shall, so tar a- i- App. consistent with the tenour thereof, apply, a- regards tin- fees for the - excepted business, in like manner a- it applies where an order is Sect -3. not in force for the payment of a clerk by Balary in lieu of fe< s. Where any such clerk a- aforesaid is, in pursuance of any Act of parliament [other than the principal Act), paid by salary in lieu of fees, either tor all business, or for all business other than that of giving copies of depositions, the clerk shall continue to be paid by salary in lien of fees for all such business, ami a recommendation need not be made with respect to such clerk in pursuance of this Act. 4. Provision as to clerk of petty sessions, &c, paid by salary by arrangement. Whereat the passing of this Act any clerk oi' special or petty sessions or clerk of justices of the peace is by arrangement paid by salary in lieu of fees, either for all business, or for all business other than that of giving copies of depositions, that clerk -hall continue to he paid by salary in lien of fees for all such business, and unless a secretary of state requires a recom- mendation to he made with respect to such ch-rk in pursuance of tin- Act, snch arrangement -hall have effect a- if it were an order of the secretary of state under the principal Act. and this Act shall apply accordingly. 5. Appointment of one salaried clerk only in a petty sessional division.- -In each petty sessional division there -hall, after the first day of February, one thousand ejjrht hundred and seventy-eight, or any late]- date at which an order for the payment of a clerk by salary in lien of fee- comes into operation in the division, )»■ only one salaried clerk in the division to perform the duties of clerk of petty sessions, clerk of special sessions, or clerk of any justice or justice- of the peace : Provided that — (1.) Where special or petty sessions are usually held at more than one place appointed for the purpose in a petty sessional division, there may. if it seems fit. he a separate salaried clerk appointed in respect of each such place; ami (2.] Where a secretary of -fate has fixed tin- amount of the -alary of one salaried derk in a division, and there an the passing of this Act. two clerks, each of whom performs the duties of clerh of petty sessions ami clerk of special -■--ion- in that division, the Local authority may. if they think tit. continue such existing clerks in office, and apportion the salarj between those clerks in such manner a- they think just ; and (:).) Where any partners have before the passing of this Act jointly performed the duties of clerk of petty sessions or clerk of special sessions, the local authority may. if they 464 Justices' Clerks. App. think lit. continue such existing clerks in office and pay the salary to such clerks jointly : Sect. 5. (4.) A. secretary of state, on the application of the local authority, may. it' he thinks lit, authorise in any case the appoint- ment of more than one salaried clerk. The salaried clerk (in this Act referred to as a clerk of a petty sessional division) shall be appointed from time to time by the justices acting in and for the petty sessional division in which he is clerk assembled in special sessions, and shall hold his office during the pleasure of those justices. Where there is a salaried clerk of a petty sessional division, any fees which maybe received by a clerk of special sessions, clerk of petty sessions, or clerk of a justice of the peace in that division, shall not be received by such clerk for his own use, but shall be received, paid, and accounted for as directed by section eleven of the principal Act. or by any Act specially relating to such clerk. Nothing in this section shall apply to, or to the fees of, either a clerk of a metropolitan police court, or a clerk to the justices of a borough, or a clerk to a stipendiary or other magistrate whose salary i> regulated under any Act of Parliament other than the principal Act. In the case of the town and county of Haverfordwest, the justices of the peace for the said town and county in quarter sessions assembled, and not the town council thereof, shall be the local authority to carry out the provisions of the principal Act and this Act, and the salary for the time being payable to the clerk of the justices of the said town and county under their order shall be paid out of the county rate thereof, and all fees received by such clerk after the making of such order shall be paid to the treasurer of the said town and county in aid of the county rate thereof, and shall be accounted for by such treasurer from time to time as the justices so assembled as aforesaid may direct. Under the Local Government Act. 1888 (51 & 52 Vict. c. 41). where the population of a borough having a separate commission of the peace, l mt not a separate court of quarter sessions, is less than ten thousand, the salary of the clerk to the justices for such borough i- payable by the county council ; and the fines and Eees received by such clerk for business done in petty sessions and under the S. J. Acts musl be paid by him to the county fund of the County Council: /// re County Council for Herefordshire, 64 L. J. M. C. 26. 6. Payment to treasurer of county or borough of unclaimed penalties and other sums. — All penalties, costs, and sums which, in pursuance of a conviction or order by a justice or justices of the peace, are paid to a clerk of a petty sessional division, or a clerk of special sessions, or a clerk of petty sessions, or a clerk of any justice or justices of the peace, and are not actually paid by him to the party or parties by law entitled thereto, other than the treasurer, hereinafter mentioned, shall be paid to the treasurer of the county, riding, division, liberty, city, borough or place for which such 40 & 11 Vict. c. 48, g. 7. 465 justice or justices acted, subject nevertheless to be paid 1>\ such App. treasurer, to any party showing himself to be by law entitled thereto. Sect. 6. Every such clerk shall account for and pay over all penalties, costs, and sums payable to any such treasurer, under this or any other Art. at such times and in such manner as may be from time to time directed by the justices or council who appointed that treasurer, and if he wilfully omit-, to account for or pay over any such penalty, costs, or sum, be shall forfeit for every such omission twenty pounds, to be recovered by action of debt by any person who may sue for the same. 7. Qualification of salaried clerk of petty sessional division and justices of a borough.— Every clerk appointed after the passing of this Act to be a salaried clerk of a petty sessional division, or to be clerk to the justices of a borough, shall cither — (1.) Be a barrister of not less than fourteen years' standing; or (2.) Be a solicitor to the Supreme < lourt of Judicature ; or ■'!.) Have served for not less than seven years as clerk to a police or stipendiary magistrate, or to a metropolitan police court, or to one of the police courts of the city of London. Provided that a person who for not less than fourteen years bas served as or as assistant to either a clerk of petty sessional division, «>r a clerk to the justices of ; ( borough, or (in the case of service before the passing of this Act a clerk of special or petty sessions, or a clerk of a justice or justices of the peace, may be appointed salaried clerk of a petty sessional division, or clerk to the justices of a borough, in any case in which in the opinion of the justices empowered to make the appointment there are special circum- stance.- rendering such appointment desirable; provided also, that no person being clerk of the peace or deputy clerk of the pear. for a county or borough, or a partner of such clerk or deputy clerk, shall he salaried clerk of a petty sessional division or clerk to the justices of a borough within such county; hut this proviso shall not apply to any clerk of the peace or deputy clerk of the peace, or partner of such clerk or deputy clerk bolding and executing in person at the time of the passing of this Act the office of clerk to the justices of any pett \ sessional division of a county, or clerk to the justices of a borough. The office of justice of the peace i- incompatible with that of clerk to the justices, and if a clerk to the justices ,„,t having resigned that office becomes one of the justice.-, he, by his acceptance of the latter office, vacates the tenner, even though he continue- to draw thy -alary thereof, inasmuch a- he ha- the right to determine hi- position as justices' clerk, subject to any complaint against him for having violated the term- of his appointment. Such justice of the peace caii. therefore, lawfully adjudicate upon a case heard before the bench of justices of which he bas become a member. /.'. v. Douglas and Others, 67 L. J. Q. 1'.. 406; 62 .1. 1'. 277. S.J.A. H H i(')C) Justices Clerks. App. 8. Power of local authority and secretary of state as to table of fees and adjustment of fees in proportion Sect. 8. to sa i ar y f clerks— 11 & 12 Vict. c. 43.— Whereas by section thirty of the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," provision is made for the making of tables of the fees to he paid to the clerks of special and petty Sessions, and to the clerks of justices of the peace, and it is expedient to make such further provision as is hereinafter men- tioned concerning the same ; he it therefore enacted as follows : — [The said section thirty is hereby repealed so far as relates to clerks of 8} ecial and petty sessions and clerks of justices of the peace, without prejudice to anything done in pursuance of that sectionJ] Where it appears to a local authority that the aggregate amount received by the treasurer of that authority in respect of court fees unduly exceeds or unduly falls below the aggregate amount paid by that authority by way of salary to the clerks of petty sessional divisions, or in the case of a borough to the clerk to the justices of the borough, or that otherwise it is expedient so to do, the local authority may make a table of the court fees which in their opinion should be taken, and shall cause such table, signed by the chairman, mayor, or other presiding officer of the local authority, to be laid before a secretary of state, and a secretary of state may, if he think fit, alter such table of fees and settle the same (having due regard to the relation of the aggregate amount so received and paid as aforesaid), and certify that the fees in the table as settled by him are proper to be taken within the jurisdiction of the said local authority. "Where complaint is made to the secretary of state that the aggregate amount received by the treasurer of a local authority in respect of court fees unduly exceeds or unduly falls below the ao-irrojvate amount paid by that authority by way of salary as afore- said, or that for other reasons it is expedient that the table of court fees should be revised, he may, if he think fit. by order, require the local authority to make a return to him within the time specified in the order of the aggregate amount so received and paid during three years previous to the order, or of the table of court fees in force for the time being, as the case maybe, and if. on receiving such return, or on the failure of the local authority to make the return, he is, after making such inquiry as he flunks proper, satisfied of the truth of the complaint, he may, by order, require the local authority to make and lay before him, within the time (not being less than four months from the date of the order) specified in the order, a table of court, fees in pursuance of this section, and if the local authority fail to comply with the order, he may, in like manner (as nearly as circumstances admit) as if the local authority had laid before him a table of fees in pursuance oi 45 tC 46 J',W. c. 50, 8. 159. 167 ibis section, settle a table oi fees and certify that the fees in that App. table are proper to be taken within the jurisdiction <>t' the said local authority. Sect - 8 - A secretary of state, upon certifying a table of fees in pursuance of this section, shall cause copies thereof to be sent to the clerk of the local authority to be by him distributed to the clerks of petty -■ ssional division- and clerks to justices within the jurisdiction of that authority, and it at any time thereafter any of those clerks or any other person wilfully demands or receives any other greater court t'«r than such down in the said table, ho -hall fori for every such demand or receipl twenty pounds, to he recovered by action of debt by any person who may sue for the same. Until a table is made in pursuance of this section, any of the -aid • lerks may demand and receive such fees a- ho is at the passi e of this Act lawfully authorised to demand ami receive. Tic- expression "court fee" in this section moan- any too. gratuity, or sum which may by law be demanded or received in respect of any business or act transacted or done by a clerk of special <>r petty sessions or a clerk of justices of the peace as such clerk. notwithstanding that by reason of such clerk being paid by salary, or of the provisions of this Act. ho cannot receive the same for hi- own use, and includes fees for the giving of copies of depositions by any dork mentioned in tin- section, whether received for his own use oi The words by Statute Law 9. Account of fees by clerk. —The account of fees required by section eleven of the principal Act. a- amended by this Act, to li.- rendered by any clerk -hall be rendered quarterly, or at any 1- ss interval directed by the local authority, and if any clerk wilfully omit- from any such account any fee received by him ho shall forfeit for every such omission twenty pounds, to be recovered by any person who may sue for the same. 10. Construction of Act.— This Act -hall, so far as is con- sistent with the tenour thereof, be construed as one with the principal A< f . Till- MUNICIPAL COLORATIONS ACT, 1882. ■i.; & Hi VICT. Cap. 50. 159. Clerk to borough justices. (1.) The justices for a bo: shall from tine- to time appoint a fit person to be their clerk. to be removable at their pleasure. n ii '2 159. 468 The Criminal Lear Act, 182G. App. (2.) They shall not appoint or continue as their clerk an alderman or councillor of the borough, or the clerk of the peace of the ** e j^- borough, or of the county in which the borough is situate, or the partner of any such clerk of the peace. (3.) The clerk to the justices shall not, by himself or his partner, or otherwise, be directly or indirectly employed or interested in the prosecution of any offender committed for trial by those justices, or any of them, at any court of gaol delivery or quarter sessions. (4.) If any person acts in contravention of the last foregoing pro- vision of this section, he shall for every offence be liable to a tine not exceeding one hundred pounds, recoverable by action. (■").) One moiety of any fine so recovered shall, with costs, be paid to the person bringing the action to recover it. (6.) Nothing in this Act shall prevent the justices for a borough from re-appoint in-- as their clerk any person being clerk of the peace of the borough or of the county in which the bi trough is situate, or partner of any such clerk of the peace, if the person re-appointed was on the sixth of August, one thousand eight hundred and sixty-one. or has not ceased to be at the time of re-appointment, the clerk of thus,, justices. See Brown v. Evans, ."■"> I.. T. 877 : 24 W. R. 937. THE CRIMINAL LAW ACT, 1S26. 7 GEO. 4, Cap. 64. PORTIONS UNREPEALED WHICH ARE MATERIAL TO PROCEEDINGS BEFORE MAGISTRATES, OTHER THAN COSTS. 1. Duty of justice on charges of felony. — Where any person shall be taken on a charge of felony or suspicion of felony, before one or mure justice or justices of the peace, and the charge shall be supported by positive and credible evidence of the fad or by such evidence as, it oot explained or contradicted, shall, in the opinion of the justice or justices, raise a strong presumption of the guilt of the person chargi d, such person shall be committed to prison by such justice or justices, in the manner hereinafter mentioned ; bul if there shall be onlj one justice present, and the whole evidence given before him shall be such as neither to raise a strong pre- sumption of guilt nor to warrant the dismissal of the charge, such justice shall order the person charged to be detained in custody until he or she shall be taken before two justices at the Least. 7 Geo. 1, c. CA, s. 13. 469 The rest of section 1 and sections 2, 3, as to taking bail in cases of App. felony, and to taking and delivery of examinations and informations qsI persons charged with felonies and misdemeanors, and binding Note persons by recognizance to prosecute or give evidence, repealed by to II & !•_' Vict. c. 12. s. 34. Sect. 1. 5. Penalty on justices.— If any justice . . . shall offend in anything contrary to the true intent and meaning of these provisions, the court to whose officer any such examination, information, evidence, bailment, recognizance . . . ought to have been delivered, shall, upon examination and proof of the offence in a summary manner, set such fine upon every such justice . . . as the court shall think meet. I ; i portions omitted relate to coroners, and are repealed. 6. Provisions to apply to all justices. — All these provisions relating to justices . . . shall apply to the justices . . . not only of counties at large, but also of all other jurisdictions. The portions omitted relate to coroners, and are repealed. Sections 7 and S were repealed by 36 & M Vict. c. 91 (now repealed) ; sections 9—11 are repealed by 21 & l'.". Vict. c. 95, s. I (now repealed'). 12. Offences committed on the boundaries of counties may be tried in either county. — Where any felony or mis- demeanor shall lie committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or mis- demeanor may be dealt with, inquired of, tried, determined, and punished in any of the said counties, in the same manner as if it had been actually and wholly committed therein. Ante, p. 296. 13. Offences committed during a journey or voyage may be tried in any county through which the coach, &c, passed. — Where any felony or misdemeanor shall be committed on any person or on or in respeel of any property in or upon any coach, waggon, cart, or other carriage whatever employed in any journey, or shall be committed on any person or on or in respect of any property on board any vessel whatever employed on any voyage or journey upon any navigable river, canal, or inland navigation, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any county through any part whereof such coach, waggon, cart, carriage, or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county ; and in all case- where the side, centre, or other part of any 470 The Vexatious Indictments Act, 1859. App. highway, or the side, back, centre, or other part of any such river, ' canal, or navigation, shall constitute the boundary of any two Sect, counties, such felony or misdemeanor may be dealt with, inquired 13 ' of, tried, determined, and punished in either of the said counties through or adjoining to or by the boundary of any part whereof such coach, waggon, cart, carriage, or vessel shall have passed, in the course of the journey or voyage during which such felony or misdemeanor shad have been committed, in the same manner as if it had been actually committed in such county. Ante, p. 296. The remaining material section- unrepealed relate to costs, and are printed, post. p. 189. THE VEXATIOUS INDICTMENTS ACT, 1859. 22 & 23 VICT. Cap. 17. 1. Restrictions on indictments for offences herein named. — No bill of indictment for any of the offences following, viz. : — Perjury, Subornation of perjury, < lonspiracy, ( ibtaining money or other property by false pretences, Keeping a gambling house, Keeping a disorderly house, and Any indecent assault, shall be presented to or found by any grand jury, unless the prosecutor or other person presenting such indictment has been bound by recognizance to prosecute or give evidence against the person accused of such offence, or unless the person accused 1ms been committed to or detained in custody, or has been bound by recognizances to appear to answer to an indictment to be preferred against hiin for such offence, or unless such indictment for such offence, if charged to have boon committed in England, be pre- ferred by the direction or with the consent in writing of a judge of one of the superior courts of law at Westminster, or of Her Majesty's Attorney-General or Solicitor-General for England, or unless such indictment for such offence, if charged to have been committed in Ireland, be preferred by the direction or with the consent in writing of a judge of one of the superior courts of law in Dublin, or of Her Majesty's Attorney-Genera] or Solicitor- General for Ireland, or (in the case of .in indictmenl for perjury) by the direction of any court judge or public functionary authorised by the Criminal Procedure Act. L851 (14 & 15 Vict. c. 100, s. 19), to direct a prosecution for perjury. •2-2 ,(■ 23 Vict. c. 17. s. 2. 171 Co th above ] si which are within the App. statute, nrasl now be added, "Every libeJ or alleged libel, and every offence against this Act " (sect on 5 of 11 & 15 Vict. c. 60), the News- Note ! paper Libel and I; _ strat on \ 1881, and by section 17 of the Criminal to Law - ,v 1'.' Vict. c. 69), ■• Every misdemeanor Sect. 1. under that Act shall be deemed to be an offence within the 22 & 23 V c. 17.' Offences under section 31 of the Bankruptcy Act, 1883 (46 & 17 \ ct. ". 52, s. 31), and offences punishable on indictment under the Merchandise Marks Act, 1887 (50 & 51 Vict. c. 28). By the Debtors Act, 1869 (32 & 33 Vict. c. 62, -. 18), every mis- demeanor under the second part of that Act shall be deemed to bean offence within 22 >v l':i V ct. c. 17. and when any person is charged with any such offence before any justice or justices, such justice or justi< - shall take into consideration any evidence adduced I or them tending to show that the act charged was not committed with a guilty intent. An attempt to obtain money or ol within thisstat ite. R. v. Burton, 32 L. T. 539 : 13 I nC.C. 71. The consent in writing e ren ex parte. J!, v. Bray, 3 B. & S. 255 ; ! C. 215 : 32 L. J. M. < '. 1 1 : 7 L. T. 248 : 11 \V. It. 7 : and no previous summons of or notice to the defendant or an affidavit of tl sary. It is not necessary that an indictment should aver that the condition statute had been performed. Knowldenv. Reg.,5 B. & S. 532 : C. I-:; : 33 L. J. M. C. 219 ; 10 Jur. 1077; 10 L. T. «;'.'l : 1.' W. R. 957. The conditions of tin- statute must be complied with in every count of the indictment to the offence charged in which the Vexatious Indictments Act i- applicable. It. v.Fuidge, I.. ..v G. 390; '.' Cox i.e. 130 : 33 I.. J. M. «'. 71 : 10 Jur. 160; '.' L. T. 777 ; 12 W. R.351. In /.'. v. Heane, 1 B. \ S. '.'17 ; 9 I ,x C. C. 433 : :::; L. J. M. <'. 115 : !> L. T. 719 : 28 -I. 1'. 500 : 10 Jur. 721. BLACKBUBN, J., was of opinion that considering the language of section 1. the Act only referred to offences actually committed in England or Ireland, and would not include offences committed on the high - In ],'. v. Bather ox Battier, 1.' I.. T. 532 : 14 J. 1'. 1'.'". it was held that after a summons or warrant has been granted upon which it can take effect. In that case • ;. was charged with an offence; the charge was dismissed, and /. 49 -I. 1'. 600, if was again held that the pro- ■■ only apply where a charg ■ complaint ha- been made and the person charged ha- been i to such charge or complaint. 2. Where prosecutor desires to prefer an indictment, justice to take his recognizance to prosecute.- -Where any charge or complaint shall be made before any one or more of Hot Majesty's justices of the peace that any person has committed any of the offences aforesaid within the jurisdiction of such justice, and such justice -hall refuse to commit or to bail the person charged 472 The Vexatious Indictments Act, 1859. App. -with such offence to be tried for the same, then in case the prose- cutor shall desire to prefer an indictment respecting the said Sect. 2. offence, it shall be lawful for the said justice and he is hereby required to take the recognizance of such prosecutor to prosecute the said charge or complaint, and to transmit such recognizance, information, and depositions, if any, to the court in which such indictment ought to be preferred, in the same manner as such justice would have done in case he had committed the person charged to be tried for such offence. A magistrate if he refuses to commit or to bail the person charged, is bound, under this section, to take the recognizance of the prosecutor if the information discloses any of the offences under the provisions of the statute ; but he has a discretion to refuse if no indictable offence is dis- closed. Ex parte Wason, L. It. 4 Q. B. 573; 38 L. J. Q. B. 302; 17 W. R.881 ; 10 B. & S. 583. In R. v. Lord Mayor of London, Ex parte Gostling, 54 L. T. 646 50 J. 1'. 711, it was' held that where a prosecutor bona, fide prefers before a justice, and within his jurisdiction, a charge or complaint in respect of an offence within this Act ami the justice dismisses it tor want of evidence, such dismissal is tantamount to a refusal t.. commit, and the prosecutor is entitled to require the justice to take his recognizance to prosecute the charge by way of indictment. Day. J., in giving judgment, said. " I do not accede to the argument that it is necessary that there should he a certain amount of evidence, although not evidence sufficient rationally to support the charge. It is suffi- cient for me to say that there has been a substantial charge or com- plaint made — a serious charge or complaint made, and one made bond tide— one which was in the jurisdiction of the justice, and wherein he has refused to commit on hail. The Common Serjeant (Sir Forrest Fulton, Q.C.) held that where a magistrate has committed a defendant to take his trial on some allegations of perjury, and refused to commit on others, the prosecutor cannot add counts to" the indictment containing allegations on which the magistrate refused to commit unless he has been bound over to prosecute those charges. Jt. v. Crabbe, •">'.» .1. 1'. - 17. 3. Extent of Act. — This Act shall not extend to Scotland. This statute only applies alter a summons or warrant has been granted. 7/. v. BatUr or Battiei; 14 J. I'. 190 : t2 L. T. .V!l>. In Ex parte lit id. I'.» J. 1'. 600, it was held that a justice is not bound to issue a summons for perjury on an information setting forth facts u] » m which no jury could convict. 30 f such witnesses shall be read over Sect. 3. to and signed respectively by the witnesses who shall have been so examined, and >liall be signed also by the justice or justices taking the same, and transmitted in due course of law with the deposi- tions, and such witnesses, not being witnesses merely to the character of the accused, as shall in the opinion of the justice or justices give <\ idence in any way material to the case or tending to prove the innocence of the accused person, shall be bound by recog- nizance to appear and give evidence at the said trial : and afterwards upon the trial of such accused person, all the laws now in force relating to the depositions of witnesses for the prosecution shall extend and be applicable to the depositions of witnesses hereby directed to be taken. the judgment of Li sh, J., in J', v. Garden, quoted nut,, p. :;:,:; : II .v 12 A'.'-t. .-. 42. Oath in this section includes affirmation or declaration in thee: - all persons allowed by law to affirm or declare instead ■■:' swearing. S Interpretation Act, 1889, s. 3,pogt. Xow. by ill- Criminal Evidence Act, 1898 (61 & >;.' Vict.c.6), s. I, pott. I •. 477. tli' ompetenl witness for 1 :eatevery • of the proceedings, bat by clans othing id Acl shall section 18 of I I tble '. t, 1848, or any right of the person charged to make ment without being -worn." The practice to be followed appears to be this: — The statutory " caution " imposed by 11 & 1l' Vict. c. 12, s. 18, aide, should be read to the accused ; hi- statement (if any) should then ■ iouM then be asked if he desires to call any witnesses, and ace himseh - - mould be taken in Like manner as ordinary v ■ the defi uce, e tbc ; - j ( 'riniiiial Evidence Act, 1 B98. in a case where an accused i ; as to make a - the justices might remind him that if he chooses he can give evidence on oath, and ask him if he elects to do that in lieu of making the "si I ment," but if hi he appears to have the rig aake his :e on his own behalf. 4. Provisions of 11 & 12 Vict. c. 42, extended to this Act. — All the provisions of the Indictable Offences Act, 1848, relating to the summoning and enforcing the attendance and committal oi witnesses, and binding them by recognizance and committal in default, and for giving the accused person copies of the examina- tions, and giving jurisdiction to certain persons to tu I shall be read and shall nave operation as part of this A t. 5. 8 <>. 1!<7.) 6. Power to take in writing the statement on oath of any person dangerously ill, and not likely to recover, whose 476 The Criminal Laic Amendment Act, 1867. App. examination or deposition cannot be taken in accordance with recited enactment, and to read the same in evidence Sect. 6. j n certain events and under certain conditions. — Whenever it shall be made to appear to the satisfaction of any justice of the peace that any person dangerously ill, and in the opinion of some registered medical practitioner not likely to recover from such illness, is able and willing to give material information relating to any indictable offence, or relating to any person accused of any such offence, and it shall not be practicable for any justice or justices of the peace to take an examination or deposition in accord- ance with the provisions of the said Act of the person so being ill, it shall be lawful for the said justice to take in writing the state- ment on oath or affirmation of such person so being ill, and such justice shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of the persons (if any) present at the taking thereof, and, if the same shall relate to any indictable offence for which any accused person is already committed or bailed to appear for trial, shall transmit the same with the said addition to the proper officer of the court for trial at which such accused person shall have been so committed or bailed ; and in all other cases he shall transmit the same to the clerk of the peace for the county, division, city, or borough in which he shall have taken the same, who is hereby required to preserve the same, and file it of record ; and if after- wards, upon the trial of any offender or offence to which the same may relate, the person who made the same statement shall be proved to be dead, or if it shall be proved that there is no reasonable probability that such person will be ever able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the accused, without further proof thereof, if the same purports to be signed by the justice by or before whom it purports to be taken, and provided it be proved to the satisfaction of the court that reasonable notice of the intention to take such statement has been served upon the person (whether prosecutor or accused) against whom it is proposed to be read in evidence, and that such person, or his counsel or attorney, had or might have had. if he had chosen to be present, full opportunity of cross-examining the deceased person who made the same. See, as to this section, /.'. v. Shurnier, 55 L. J. M. C. 153; 55 L. T. 126; 17 Q. B. D. 323 (note to section 17 of 11 & 12 Vict. c. 42, ante), where it was held thai the notice herein referred to must be written notice, Day, J., dissenting. Onder this seel ion the depositions may be taken by any jusl ice. Before taking this deposition enquiry should be made as to whether any person is accused or suspected ; if so. if notice in writing of the intention to take the statement has been served. A declaration before any person may be made by a dying person if in imminent fear of death, no oath being necessary. See :> "Russell on Crime," and notes to 11 & 12 Vict. c. 42, s. 17, ante. 61 .(' 62 Vi\ the (Queen's most Kxcellent 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, as follow- : 478 The Criminal Evidence Act, 1898. App 1. Competency of witnesses in criminal cases. — Every person charged with an offence, and the wife or husband, as the ease may Sect.l. ], ei of the person so charged, shall be a competent witness for the defence at every stage id' the proceedings, whether the person so charged is charged solely or jointly with any other person. Provided as follows : — . (a.) A person so charged shall not be called as a witness in pursuance of this Act except upon Iris own application : (b.) The failure of any person charged with an offence, or of the wife or husband, as the case may lie, of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution : (c.) The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged : ('/.) Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage : (*?.) A person charged and being a witness in pursuance of this Act may be asked any question in cross-examination notwith- standing that it would tend to criminate him as to the offence charged : (/.) A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless — (i) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged ; or (ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has siven evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution ; or (iii) he has given evidence against any other person charged with the same offence : (//.) Every person called a- a witness in pursuance of this Act shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence : (//.) Nothing in this Act shall affeel the provisions "I section eighteen of the indictable Offences Act. 1848 (11 <& L2 Vict. c 42), or any right of the person charged to make a statement without beiiifj sworn. c,l ,i 62 Vict. c. 36, s. 7. 179 2. Evidence of person charged. — Where the only witness 1" A PP- tlif facta <>r the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the Se ct- 2 - • •\ idence for the pros* cution. 3. Right of reply.— In cases where the right of reply depends apon the question whether evidence has been called for the defence, the fact thai the person charged has been called as a witness shall not of itself confer on the prosecution the righl of reply. 4. Calling of wife or husband in certain cases.— (1.) The wife or husband of a person charged with an offence under any enactmenl mentioned in the schedule to tin'- Act may be calli il as a witness either for the prosecution or defence and without the consenl of the person charged. _. Nothing in this Act shall affecl a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consenl of thai person. 5. Application of Act to Scotland. — In Scotland, in a case where a Lisl of witnesses is required, the husband or wife of a person charged shall nol be called as a witness for the defence, unless notice be given in the terms prescribed by section thirty- sis of the Criminal Procedure Scotland Act, L887 50 & •">! Vict, c. 35). 6. Provision as to previous Acts. — (1.) This Acl shall apply to all criminal proceedings, notwithstanding any enactment in force at the commencement of this Act, excepl thai nothing in this Acl shall affecl the Evidence Act, 1877 (40 & 41 Vict. c. 14). (2.) Bui this Act shall nol apply to proceedings in courts martial unit ss so applied — (a.) As to courts martial under the Naval Discipline Acl 29 4 30 Vict. c. 109), by general orders made in pursuance ol 3ectioii sixty-five of that Acl : and (h.) As tn courts martial under the Army Acl 'II & 45 Vict. c. 5S by rules made in pursuance of section seventy of thai Act. 7. (1.) This Act shall not extend to Ireland. Extent, commencement, and short title. '_'. This At shall come into operation on the expiration of two months from the passing thereof. (3.) This Act may be cited as the Criminal Evidence Act, 1898. (For Schedule to this Ac1 and notes, sec next pa 480 The Criminal Evidence Act, 1898. App. Sched. SCHEDULE Enactments Referred To. Session and Chapter. Short Title. Enactments referred to. 5 Geo. 4, c. s;3. The Vagrancy Act. 1824. 8&9Vict.c.83. The Poor Law Scotland] Act. 1845. 24 & 25 Vict. The Offences c. 100. against the Per- son Act, 1861. 45 & 46 Vict. The Married c. 75. Women's Pro- perty Act, 1882. 4S iV 4!» Vict. The Criminal Law c. 69. Amendment Act, 1885. 57 & 58 Vict. The Prevention of c. 41. Cruelty to Chil- dren Act, 1894. The enactment punishing a man for neglecting to maintain or deserting his wife or any of his family. Section eighty. Sections forty-eight to fifty- five. Serf ion twelve and section sixteen. The whole Act. The whole Act. The following arc the principal cases coming within the purview of this work which have been decided under this recent statute : Where a prisoner elects to give evidence under the Criminal Evidence Act. 1898, and calls no other witnesses, the prosecution may sum up after such evidence and maycommenl on it. Reg. v. Gardiner, 15 T.L. Et.26; 62 J. P. 743. Where a prisoner makes a statemenl on oath in her own defence to Eecl that one of the witnesses Eor the prosecution committed the offence for which she is indicted, the nature of the defence is Mich as to involve imputations on the character of thai witness within the meaning of section 1 of the Criminal Evidence Act, L898, even though such statement relates only to facts material to the actual charge for 42 do 43 Vict. c. 22, s. 2. -isl which the prisoner is then being tried, and not to any antecedent facts, App. and is not made for the purpose of casting imputations, bul only as a necessary pari of the defence. Reg. v. Kate Marshall. i>:5 J. P. M\~ Section 4 of this Act virtually repeals section 20 of the Criminal Law Amendment Act, 1885, and the wife of the prisoner can be properly called as a witness before the grand jury. H. v. Dunning, Times newspaper, .Jan. L2th, 1899. The court is allowed to comment on the fact that no witnesses have been called for the defence. /.'. \. Rhodes, 62 J. P. 774. Able treatises on this Acl are to be found in t',L' .1. 1'. 625, 721 and 737. THE PEOSECUTION OF OFFENCES ACT. 1879. 42 & 43 YI< T. ( ap. 22. An Act for more effectually providing for tin- Prosecution of Offences in England, and for other purposes. [23rd July, 1879.] "Whekeas it i.s expedient to provide more effectually for the prosecution of offences in England, and for other purposes : Beit therefore enacted by the Queen'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, as follows :■ — 1. Short title. — This Act may be cited as the " Prosecution of Offences Act, 1879." 2. Duty of director of public prosecutions. — ... It shall be the duty of the director of public prosecutions, under the super- intendence of the attorney-general, to institute, undertake, or carry on such criminal proceedings (whether in the court for crown cases reserved, before sessions of oyer and terminer or of the peace, before magistrates, or otherwise), and to give such advice and assistance to chief officers of police, clerks to justices, and other persons, whether officers or not, concerned in any criminal pro- ceeding respecting the conduct of that proceeding, as may be for the time being prescribed by regulations under this Act, or may be directed in a special case by the attorney-general. The regulations under this Act shall provide for the director of public prosecutions taking action in cases which appear to be of importance or difficulty, or in which special circumstances, or the refusal or failure of a person to proceed with a prosecution, appear to render the action of such director necessary to secure the due prosecution of an offender, and shall also fix the areas or districts for which the assistants of such director shall respectively be appointed and act. S.J.A. 1 *• 482 The Prosecution of Ofences Act, 1879. App. The first part of this section, and sections 3 and 4, were repealed by the Amending- Act of 1884 (47 & 48 Vict. c. 58), post. Note As to "the duty of the public prosecutor in respect of disclosing in to evidence the sources of his information, see Marks v. JJn/fu.s, L. R. 25 Sect. 2. Q. B. D. 494 ; 38 W. R. 705 ; 54 J. P. 775; 6 T. L. R. 350, 400. 5. Delivery of recognizances, inquisitions, &c, to director of public prosecutions. — "Where the director of public prosecutions gives notice to any justice or coroner that he has instituted, or under- taken, or is carrying on any criminal proceeding, such justice and coroner shall at the time and in the manner prescribed by the regulation under this Act, or directed in any special ease by an order of the attorney-general, transmit to the said director every recognizance, information, certificate, inquisition, deposition, docu- ment, and thing which is connected with the said proceedings, and which the justice or coroner is required by law to deliver to the proper officer of the court in which the trial is to be had, and the said director shall, subject to the regulations under this Act, cause the same to be delivered to the said proper officer of the court, and shall be under the same obligation, on the same payment, to deliver to an applicant copies thereof as the said justice, coroner, or officer. It shall be the duty of every clerk to a justice or to a police court, to transmit, in accordance with the regulations under this Act, to the director of public prosecutions, a copy of the informa- tion and of all depositions and other documents relating to any case in which a prosecution for an offence instituted before such justice or court is withdrawn or is not proceeded with within a reasonable time. A failure on the part of any justice or coroner to comply with this section shall be deemed to be a failure to comply with the said requirement to deliver to the proper officer of the court, and any clerk to a justice or to a police court failing to comply with this section shall be liable to the same penalty to which a justice or coroner is liable for such failure as aforesaid. 6. If director abandon prosecution, aggrieved parties may proceed. — Where any criminal proceeding has been instituted or undertaken by the director of public prosecutions, any person having the right to institute and carry on such proceedings may* if he have good cause for so doing, show, by affidavit to any judge of the high court [of justice] [repealed by 01 & 02 Vict. c. 22], that such director of public prosecutions has abandoned such proceedings, or has neglected duly to carry on the same, and such judge, after hearing such director of public prosecutions, may give such direc- tions as to the mode in which such proceedings shall be continued by such person so applying, or by the said director of public- prosecutions, as to such judge shall appear right. 4-2 ,('■ 43 Vict. c. ±2, s. 9. 483 7. Saving- as to private prosecutors, and binding over App. persons to prosecute. — Nothing in this Act shall interfere with the right of any person to institute, undertake, or carry on any Se ct. 7. criminal proceeding. Where any criminal proceeding is instituted, undertaken, or carried on by the director of public 'prosecutions, such director shall not he Bound over to prosecute or conduct such proceeding, or required to give security for costs, and it shall not he necessary to hind over any person to prosecute or conduct such proceeding, and if any person is so bound over, or has given security for costs, lie shall, upon the director of public prosecutions undertaking the case, be released from such obligation, and the security shall he denied to have been cancelled, and the director of public prosecu- tions shall he liable to costs in lieu of such person. The prosecution of an offender by the director of jmhlic prosecu- tions shall, for the purpose of enahling a person to obtain a restitution of property, or obtaining, exercising, or enforcing any right, claim, or advantage whatsoever, have 1 . the same effect as if such person hail been bound over to prosecute and had prosecuted the offender, Bubject to this proviso, that such person shall give all reasonable information and assistance to the said director in relation to the prosecution. A- to the liability of the director of public prosecutions under thi* section, see Stubbs v. Director of Public Prosecutions, 24 Q. 1'.. D. 577, a ■<>'■. p. 474. 8. Regulations may be made, &c, and to be laid before parliament. — The attorney-general, with the approval of the Lord Chancellor and a secretary of state, may from time to time make, and when made rescind, vary, and add to, regulations for carrying into effect this Act. The draft of all such regulations proposed to be approved as aforesaid shall be laid before both houses of parliament and shall not be finally approved as aforesaid until the draft has lain before each house of parliament for not Less than forty days upon which such house has sat. The regulations made under the provisions of this section, and now in force, arc given, post, p. 185. 9. Interpretation.— In this Act, unless the context otherwise r. quires, the following terms have the meanings hereinafter respectively assigned to them ; that is to say, The term "the treasury" means the commissioners of Her Majesty's treasury : The term "secretary of state" means one of Her Majesty's principal secretaries of state: The term "person" includes a body of persons corporate or unincorporate ; i i 2 484 The Prosecution of Offences Act, 1884. App. The term " attorney-general " means Her Majesty's attorney- general for England, and Her Majesty's solicitor-general for Sect. 9. England whenever such solicitor-general can by reason of a vacancy in the office of attorney-general or otherwise act as the attorney-general. 10. Commencement of Act. — This Act shall come into operation on the first day of January, one thousand eight hundred and eighty, which day is in this Act referred to as the commencement of this Act. THE PKOSECUTION OF OFFENCES ACT, 1884. 47 & 48 VICT. Cap. 58. An Act for Amending the Prosecution of Offences Act, 1879. [14th August, 1884.] 1. Short title of Act. — This Act may be cited as the Prosecution of Offences Act, 1884, and this Act and the principal Act may be together cited as the Prosecution of Offences Acts, 1879 and 1884. 2. Solicitor of the Treasury to be director of public prosecutions. — The person for the time holding the office of solicitor for the affairs of Her Majesty's Treasury shall be director of public prosecutions, and perform the duties and have the powers of such director. Section three of the Treasury Solicitor Act, 1S76 (39 & 40 Vict. C. 18), shall extend to authorise any assistant solicitor for the affairs of Her Majesty's Treasury to act on behalf of the said solicitor in his capacity of director of public prosecutions. The following is the enactment which is extended by the above section :— "An assistant solicitor for the affairs of Her Majesty's Treasury may, on behalf of the Treasury solicitor, take any oath, make any decla- ration, verify any account, execute any deed, <>r do any act or thing whatsoever which the Treasury solicitor is required or authorised under any Act of parliament or otherwise to take. make, verify, execute, or do for the purpose of an administration granted to him, or for the purpose of any Act of parliament, or otherwise in the execution of his duties as the Treasury solicitor." 3. Returns as to crimes by chief officer of police. — The chief officer of every police district in England shall, from time to time, give to the director of public prosecutions information with respect to indictable offences alleged to have been committed within the district of such chief officer, and to the dealing with those offences, 47 d 48 Viet. c. 58, 8. I. Is* and the said information shall contain such particulars and be in App. such form as may be for the time being required by regulations under the principal Act. Sect - 3 4. Definitions of ''police district'' and "chief officer of police." The expression "police district" means — (1.) The City of London and the liberties I beret if ; and (2.) The metropolitan police district ; and ;. Any county or riding, parts, division, or liberty of a county or borough, town, or place maintaining a separate police force : The expression " chief officer of police" means — (1.) Li the City of London the commissioner of police of the city; and (2.) In the metropolitan district the commissioner or any assistant commissioner of the police of the metropolis or any district superintendent of the metropolitan police force ; and (3.) Elsewhere the chief constable, or head constable, or other officer, by whatever name called, having the chief com- mand of the police force in a police district as defined by this Act. Regulations under the Prosecution of Offences Acts, 1879 and 188 1, as approved by the Lord < 'hancellor and the Secretary of State, dated January 25th, 1886. /,' gulatione r< spt ding Justia j, ( - ■ ■ ■ . ( 7< rJca I" Justices, and Chief Offia rs of Polii i . (1.) The chief officer of every police district within the meaning of the Prosecution of Offences Act. 1884, .-hall give to the director of public prosecutions information— a.) With respect to every offence punishable by death; and (b.) In the following cases with respeel to an indictable offence not punishable by death ; that is to say : (i.) If the offence appears to the chief officer of police to be of such importance or difficulty that the assistance of the Director of Public Prosecutions is desirable; or (ii.) If the prosecution of the offence is abandoned or withdrawn, or is otherwise not properly followed up; or (iii.) If otherwise it appears to the chief officer of police that the offence is one in respeel of v. hich it is the duty of the Director under these regulations to institute, undertake, or carry on a prosocution; and (iv.) If the information is required by a written requisi- tion from the Director of Public Prosecutions. 480 The Prosecution of Offences Acts, 1879 and 1884. App. (2.) The information which the chief officer of a police district is - — to give in pursuance of the foregoing regulation to the Director of ^t ions' Public Prosecutions shall, in the case of an offence punishable by death, be information — (a.) Of the fact of the commission of the offence ; (6.) Of the arrest of any person in respect of the offence; fc.) Of all proceedings taken before a coroner or a justice, or by the police with reference to the offence or to the prosecution of the alleged offender; and ('/.) Of any circumstances in connection with the offence or the prosecution thereof which the Director by notice in writing from time to time requires ; And such information shall be given as soon as practicable after the commission, arrest, or proceeding of which information happens or is taken, or in the case of a requisition by the Director within the time named in the requisition. (3.) The information which the chief officer of a police district is to give in pursuance of the foregoing regulation to the Director of Public Prosecutions shall, in the case of an indictable offence not punishable by death, be information — (a.) Of the nature of the offence, and the arrest of any person charged therewith, and of the proceedings taken with reference to the offence or to the prosecution of the alleged offender ; and (b.) Of all circumstances which lead the chief officer to think that the case is one which requires the aid of the Director of Public Prosecutions, or which it is the duty of such Director to prosecute ; and (c.) Of any circumstances in connection with the offence or the prosecution thereof which are specified in a written requisi- tion from the 1 director ; And such information shall be given (whether before or after the committal of a person on a charge for the offence) as soon as it appears to the chief officer of a police district that it is desirable that the Director of Public Prosecutions should intervene, or at any earlier date at which the information is required by a written requisition from such Director to be given. (4.) The information given by the chief officer of a police district shall be given in the form from time to time prescribed by one of Her Majesty's principal secretaries of state and the Attorney-General. (5.) Every justice (if the peace or coroner to whom a notice has been given under section 5 of Hie Prosecution of < Iffences Act, 1879, shall, Within three days after the receipt by him of such notice, transmit either by post in a registered letter, or, if that is not practicable, by railway or by messenger, to the Director of Public Prosecutions, all documents and things which he is by the said section required to transmit ; and the I director of Public Prosecutions shall cause all such documents and things to he delivered or sent by post, in a registered letter, to the proper officer of the court in which the trial is to be had a reasonable time before such trial. 52 & 53 Vict. c. 12, 8 1. 487 (6.) Where a prosecution for an offence instituted before any App. justice or police court is withdrawn, or is not proceeded with within a reasonable time, it shall be the duty of the clerk to such justice ': or police court to deliver or send bypost to the Director of Public Prosecutions a Letter stating the circumstances of the case, and inquiring whether such Director desires to have a copy of the information and of all depositions and other documents relating to the case transmitted to him, and if the Director of Public Prosecu- tions so requires it. shall deliver or send by post, in a registered letter, to the Director, all the said documents, or such of them, as the Director requires. January 25, 1886. Richard B. Webster. Berscheix, C. Hugh < '. E. < 'hilders. One of Her Majesty's Principal ■ tari( s of v THE ASSIZES RELIEF ACT, 1889. 52 & 53 VICT. Cap. 12. An Act to reliev the Courts of Assize from the trial of Persona charged with Offem - triable r general gaol delivery shall not be required to deliver such person from gaol unless the High Court of Justice shall by Order direct that such person shall be indicted and tried at a court of oyer and terminer or general gaol d'li\cry having jurisdiction to try him for such offence. 488 The Assizes Relief Act, 1889. A PP- (-.) If such direction is given by the High Court, the Court shall ■ cause to be given to the persons so bound over as aforesaid notice Sect. 1. { n writing to attend at the court of oyer and terminer or general gaol delivery at the time and place mentioned in the notice, and the recognizance binding over such persons shall have effect as if the court, time, and place mentioned in the notice were substituted for those mentioned in the recognizance. 2. Notice by justices to gaoler. — Every justice of the peace by whom a person is committed to gaol to await his trial for any offence triable at quarter sessions, shall by endorsement on the commitment or other notice in writing inform the governor of such gaol whether the persons bound over to prosecute and give evidence at such trial are bound over to attend at a court of quarter sessions or at a court of oyer and terminer or general gaol delivery ; and a court making under this act an order for the trial of a prisoner at a court of oyer and terminer or general gaol delivery shall cause notice in writing of the order to he given to the governor of the gaol in which the prisoner is confined. 3. Proceedings for discharge of prisoner where he is not tried at the next quarter sessions. — (1.) "Where a prisoner lias been committed to gaol on a charge for an indictable offence, and persons have been bound over to prosecute and give evidence at a court of quarter sessions for any county or place, and the prisoner is not tried at that court, then the next court of oyer and terminer or general gaol delivery having jurisdiction in such county or place shall, on his application (unless there are such special reasons to the contrary as are hereinafter mentioned), either cause him to be tried at that court, or discharge him from his imprisonment, and if there are such special reasons may admit him to hail. (2.) If he is not so tried or discharged, and hi' is not tried before the holding of the then next subsequent court of oyer and terminer or gaol delivery having jurisdiction in such county or place, that court shall try him or discharge him from his imprisonment. (3.) The said special reasons may be the removal of the indictment into another court, the impossibility of producing the witnesses for the prosecution at the said court of quarter sessions or other special reasons for postponing the trial. 4. Exercise of jurisdiction. — The jurisdiction vested by this Act in the High Court may he exercised either in court or in chambers by any judge of the High I 'onrt. The jurisdiction vested by this Act in a court of oyer and terminer or general gaol delivery may he exercised by any judge or commis- sioner of that court. 5. Not to affect certiorari, &c. — Nothing in this Act shall affect any existing right or power in the High Courl of Justice, or any judge thereof, to remove by certiorari or otherwise any 7 Geo. J. c. 64, g. 2-2. 48$ indictment found al any court of quarter sessions, or Bhall affect App. any existing right ot power in any court of quarter sessions to - remit any indictment found at such quarter sessions, for trial at a Sect. 5. court of oyer and terminer or general gaol delivery, 6. Rules maybe made by rule committee of judges.— Rule- of court for the purpose of carrying into effect this Act may be made by the Bame persons, and laid before parliament, and be subject to be annulled in like manner as rules of court for the purpose of the Supreme < fourt of Judicature Act, 1875, and the Acts amending the same. 7. Definitions. -In this Act, unless the context otherwise requires, The expression " High Court" means Her Majesty's High Court of Justice : The expression "court of oyer and terminer or general gaol delivery" includes a court of assize and the Central Criminal Court : The expression ••court of quarter sessions" means the justaci 3 of a county, riding, division, or liberty in general or quarter sessions assembled, and includes the recorder of a borough: The expression "gaol" includes house of correction. 8. Extent of Act.— This Act shall extend to England and Wales only. 9. (Short title. EXPENSES OF PKOSECUTIONS. THE CEIMTNAL LAW ACT, 1826. 7 GEO. 4. Cap. 64. For the other unrepealed sections of this Act. see ante, p. 168. 22. Courts may order payment of the expenses of prosecu- tions in all cases of felony — Allowance to persons attending on recognizance, where no Bill is preferred.— And, with regard to the payment of the expenses of prosecutions for felony, be it enacted, that the court before which any person shall be pro- secuted or tin (1 for any felony is hereby authorised and empowered, at the request of the prosecutor or of any other person, who shall appear on recognizance or subpoena to prosecute or give evidence against any person accused of any felony to order payment unto the prosecutor of the costs and expenses which such prosecutor shall incur in preferring the indictment, and also payment to the 490 Expenses of Prosecutions. App. prosecutor and witnesses for the prosecution, of such sums of money as to the court shall seem reasonahle and sufficient to Sect, reimburse such prosecutor and witnesses for the expenses they 22- shall have severally incurred in attending before the examining magistrate or magistrates and the grand jury, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein ; and although no bill of indictment be preferred, it shall still be lawful for the court where any person shall, in the opinion of the court, boiidfide have attended the court in obedience to any such recognizance or subpoena, to order payment unto such person of such sum of money as to the court shall seem reasonable and sufficient to reimburse such person for the expenses which he or she shall have bond Jide incurred by reason of attending before the examining magistrate or magistrates, and by reason of such recognizance or subpoena, and also to com- pensate such person for trouble and loss of time ; and the amount of the expenses of attending before the examining magistrate or magistrates, and the compensation for trouble and loss of time therein, shall be ascertained by the certificate of such magistrate or magistrates, granted before the trial or attendance in court, if such magistrate or magistrates shall think fit to grant the same, and the amount of all the other expenses, and compensation, shall be ascertained by the proper officer of the court, subject neverthe- less to the regulations to be established in the manner hereinafter mentioned. Where the principal person interested in a prosecution, although not hound over to prosecute, retained a solicitor, who prepared a brief and instructed counsel to conduct the case, and at the same time a constable had been bound over to prosecute, and the magistrates' clerk had delivered another brief to counsel, it was held that the principal person interested in the prosecution was entitled to prosecute and to be allowed the costs. Reg. v. BusJtell, 16 Cox C. C. 367 ; 52 J. P. 136. This section does not apply to felonies under the Treason Felony Act, 1818, see 11 ..V 12 Vict. c. 12, s. 10. 23. Courts may order payment of the expenses of prosecu- tion in certain cases of misdemeanor. — And whereas for want of power in the court to order payment of the expenses of any prosecution for a misdemeanor, many individuals are deterred by the expense from prosecuting persons guilty of misdemeanors, who thereby escape the punishment due to their offences; for remedy thereof, be it enacted, that where any prosecutor or other person shall appear before any court on recognizance or subpoena, to prosecute or give evidence against any person indicted of any assault with intent to commit felony, of any attempt to commit felony, of any viot, of any misdemeanor for receiving any stolen property knowing the same to have been stolen, of any assault upon a peace officer in the execution of his duty, or upon any person acting in aid of such officer, of any neglect or breach of duty as a peace officer, of any assault committed in pursuance 23. 7 Geo. 4, c. 64, *. 25. 491 of any conspiracy to raise tin ■ rate of wages, of knowingly and App. designedly obtaining any property by false pretences, of wilful and indecent exposure of the person, of wilful and corrupt perjury, Sect - or of Bubornation of perjury, every such court is hereby authorised and empowered to order payment of the rust- and expenses of the pr — cutor and witnesses for the prosecution, together with a com- pensation for their trouble and loss of time, in the same manner as courts are hereinbefore authorised and empowered to order the -a me in cases of felony ; and although no bill of indictmenl be preferred, it shall still be lawful for the court where any person shall have bond fide attended the court, in obedience to any such recognizance, to order payment of the expenses of such person, together with a compensation for his or her trouble and loss of time, in the same manner us in cases of felony: [Pruridtd. t/nif iii rusts <■ examining magistral* .] The portion of this section printed in italics i- repealed (1 1 & 1"> Vict, c. 55, post, p. 4'.*2). The offence of assault in pursuance of a conspiracy to raise wages, formerly punishable under the Offences against the Person Act, 1861 (21 & 25 Vict. c. LOO, s. II), is abolished by 34 ,!c 35 Viet. c. 32, s. 7 ; now repealed. For complete list of misdemeanors, the costs of prosecuting which are payable, as in cases of felony, see post, pp. 4'.ti> and 4fi7 . 24. Order for payment to be made out by clerk of assize, &c, and paid by treasurer of county where offence com- mitted. — That every order for payment to any prosecutor or other person as aforesaid shall he forthwith made out and delivered by the proper officer of the court unto such prosecutor or other person upon being paid for the same the sum of one shilling for the prosecutor and sixpence for each other person and no more: and. except in the cases hereinafter provided for, shall be made uj the treasurer of the county, riding, or division in which the offence shall have been committed or shall be supposed to have been com- mitted who is hereby authorised and required upon sight of every such order forthwith to pay to the person named therein <>r to any- one duly authorised to receive the same on his or her behalf the money in such order mentioned, and shall be allowed the same in his accounts. 25. How the expenses shall be paid in places not con- tributing to the county rate, out of rate in the nature of a county rate; if no such rate, then out of poor's rates. — And whereas felonies and such misdemeanors as are hereinbefore enumerated may he committed in liberties, franchises, cities, towns, and place's which do not contribute to the payment of any county rate, some of which raise a rate in the nature of a county rate, and others have neither any such rate nor any fund applicable to similar 25. 492 Expenses of Prosecutions. App. purposes, and it is just that such liberties, franchises, cities, towns and places should be charged with all costs, charges and compensa- Sect. tions ordered by virtue of this Act in respect of felonies and mis- demeanors committed therein respectively : lie it therefore enacted, that all sums directed to be paid by virtue of this Act in respect of felonies and of such misdemeanors as aforesaid, committed or supposed to have been committed in such liberties, franchises, cities, towns and places shall be paid out of the rate in the nature of a county rate or out of any fund applicable to similar purposes, where there is such a rate or fund, bythe treasurer or other officer having the collection or disbursement of such rate or fund; and where there is no such rate or fund in such liberties, franchises, cities, towns or places, shall he paid out of the rate or fund for tin; relief of the poor of the parish, township, district or precinct therein where the offence was committed or supposed to have been com- mitted, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund; and the order of court shall in every case he directed to such treasurer, overseers or other officers respectively instead of the treasurer of the county, riding, or division as the case may require. THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1851. 14 & I."; VICT. Cap. 55. 2. Power of courts to allow expenses in prosecutions for misdemeanors extended. — All the provisions of the said Act of the seventh year of King George the Fourth, as amended by this Act, authorising and empowering courts to order payment of costs and expenses, and compensation for trouble and loss of time, in cases of the several misdemeanors enumerated in section 2:> of the Criminal Law Act, 182(> (7 Geo. 4, c. G4, s. 215), and concerning orders for payment of such costs, expenses, and com- pensation, and the payment thereof , and all the provisions of any other Act for, concerning, or applicable to the payment of such costs, expenses, and compensation in cases of the said misde- meanors, shall extend and he applicable in the case of any of the misdemeanors hereinafter mentioned ; unlawfully taking or causing to he taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; conspiring to charge any person with any felony, or to indict any person of any felony; conspiring to commit any felony. 5. Power to secretary of state to make regulations as to scales of costs, &c. — It shall he lawful for one of Her Majesty's principal secretaries of state to make regulations as to the rates or scales of payment of all or any costs, expenses, and compensation t<> 14 (('• 15 Vict. c. 55, x. 5. 493 lie allowed or ordered to be paid under the said Act or any other A.t App. or this Ad to prosecutors and witnesses, and to persons attending the court in obedience to any recognizance or subpoena, in cases of Sect. 5. criminal prosecutions, and except as hereinafter mentioned to persons who may have been active in or towards the apprehension of persons charged with offences, and also regulations as to the rates or scales of payment according to which certificates may be granted by the examining magistrate or magistrates in respect of the expenses of any prosecutor, or witness or witnesses for the prosecution, or other person, of attending before such magistrate or magistrates, and of any compensation for trouble and loss of time therein, in any case where any court or judge is empowered under the said Act of the seventh year of King I reorge the Fourth or any other Act or this Act to order payment of such expenses or compensation, and concerning the tonus of such certificates and the details or particulars to be inserted therein of the expens* s, trouble, and loss of time to which such certificates relate, and it shall be lawful for one of Eer Majesty's principal secretaries of state from time to time to alter any euch regulations, or make new regulations in relation to any of the matters aforesaid, and such regulations for the time being shall be binding on all courts and persons whomsoe^ er. 6. [Expenses and compensations to be ascertained according to such regulation and examining magistrate's certificate not to lie conclusive upon the officer of the court before which the indictment is tried.] 7. [The Act not to interfere with payments made in respect of extraordinary courage, diligence, and exertion.] 8. Courts of sessions of the peace i mpowered to order compensa- tion up to ■">/.. in favour of any person who has been active in the apprehension of any party charged with an offence under 7 Geo. 4, ( . 64, s. 28, and which such court has power to try. - ctions 9-12 will be found immediately before the Justices Clerks Act, Is;:, to the subject of which they refer. * * * * * * 13. Recited enactment repealed with saving of restriction under 5 & 6 Vict. c. 30.- \_Recitalof4 & b Will. I, c. 37,«. 17.}— The said recited enactment shall be repealed: 1'mvided always, that such repeal shall not be construed to give authority to the said justices of the peace to try any person or persons for any offence which the justice of the peace acting in and for any county, tiding, division, or liberty are restrained from trying under the Act of the session holden in the fifth and >ixth years of Her Majesty, chapter thirty-eight. See note to section 20 of 11 ..V 12 Vict. c. 42. ante. 494 Expenses of Prosecutions. App. 17. [Repealed by the Statute Law Kevision Act, 1875.] Sect. 18. [As to backing warrants in Channel Islands, see note to 17. section 13 of 11 & 12 Yict. c. 42, ante] 19. In certain counties of cities and towns prisoners may- be committed and tried at assizes held for adjoining county. — Whenever any justice or justices of the peace, or coroner, acting for any county of a city or county of a town corporate within which Her Majesty has not been pleased for five years next before the passing of this Act to direct a commission of oyer and terminer and gaol delivery to be executed, and until Her Majesty shall be pleased to direct a commission of oyer and terminer and gaol delivery to be executed within the same, shall commit for safe custody to the gaol or house of correction of such comity of a city or town any person charged with any offence committed within the limits of such county of a city or town not triable at the court of quarter sessions of the said county of a city or county of a town, the commitment shall specify that such person is committed pursuant to this Act, and the recognizances to appear to prosecute and give evidence taken by such justice, justices, or coroner shall in all such cases be conditioned for appearance, prosecution, and giving evidence at the court of oyer and terminer and gaol delivery for the next adjoining county: and the justice, justices, or coroner by whom persons charged as aforesaid may be committed, shall deliver or cause to be delivered to the proper officer of the court the several examinations, informations, evidence, recognizances, and inquisi- tions relative to such persons at the time and in the manner that would be required in case such persons had been committed to the gaol of such adjoining county by a justice or justices, or coroner, having authority so to commit, and the same proceedings shall and may be had thereupon at the sessions of oyer and terminer or general gaol delivery for such adjoining county as in the case of persons charged with offences of the like nature committed within such county. 23. [Provisions of The Counties of Cities Act, 1798 (38 Geo. 3, c. 52), and the Counties of Cities Act, 1S11 (51 Geo. 3, c. 100), as to execution of sentences and as to costs extended to this Act.] 24. For the purpose of this Act the counties named in the second column of Schedule (C.) to the Act of the session holden in the fifth and six years of King "William the Fourth, chapter seventy-six, shall bo considered next adjoining the counties of cities and towns corporate in the first column of the same schedule in conjunction with which they are respectively named. By the operation of section 7, sub-section (4), and section 188, sub- section ('2), and section 242, sub-section (L>). of 45 Si -l(i Yict. c. 50 (The Municipal Corporations Act, 1S82), the following is the schedule referred to in the above section : — 29 .< 30 Vict. c. 52, s. 2. 495 Counties to which certain Boroughs are to be considered adjoining for App. purposes of Criminal Trials. Note Berwick-upon-Tweed . . . Northumberland. t0 Bristol Gloucestershire. Sect I !h< - Cheshire. 24." Exeter Devonshire. Kingston-upon-Hull . . . Yorkshire. Newcastle-upon-Tyne . . . Northumberland. 25. [Act not to extend to Ireland or Scotland.] THE PROSECUTIONS EXPENSES ACT, 1866. 29 & 30 VKT. Cap. 52. 1. Expenses and fees may be allowed where no committal takes place and parties are not bound over. — It shall and may be lawful for any magistrate <>r magistrates, at hi.> or their discretion, and he or they ia or axe hereby authorised and empowered, at the request of any prosecutor or other person who shall have appeared before such magistrate or magistrates, either by summons or otherwise, on a charge of felony, bond fide made upon reasonable and probable cause, or on a charge in any case of the several mis- demeanors enumerated in section twenty-three of the Criminal Law Act, 1826 7 Geo. IV. c. 64, 8. 23), and of section two of the (Criminal Justice Administration Act, 1851 (14 «x 15 Vict. c. 55, s. 2), bond fide preferred, and who .-hall have been examined on such charge of felony and misdemeanor, to grant a certificate of the expenses and of the amount to be allowed for trouble and loss of time to the witnesses so appearing and examined on such charge of felony or misdemeanor, in the same manner and to the same or like extenl as magistrates are authorised bylawto do in case- of felony and in cases of misdemeanor enumerated in the said Acts, where a committal for trial takes place or the parties are bound over by recognizance or subpoena to prosecute and give evidence; and it shall also be lawful for such examining magistrate or magistrates to allow to the clerk of the magistrates acting for the petty sessional division or district except where such clerk is paid by salary in lieu of fees) the same fees on taking the depositions on such charge or charges as would be allowed to him. or he would be entitled to at law, in the event of a committal for trial taking place, and to include such allowance of fees in the certificate. 2. Certificate to be laid before Court of quarter sessions. — Every examining magistrate signing or granting such certificate shall forward the same to the clerk of the peace of the county, 496 Expenses of Prosecutions. App. riding, division, city, or borough within which such potty sessional division or district is situate, to be laid by him before the next Sect. 2. quarter sessions of the peace for such county, riding, division, city, or borough ; and such court shall be at liberty to allow the amount or so much of the amount named in the certificate, on the same being certified by the proper officer of the court of quarter sessions as correct, in accordance with the scale of payment fixed or to be from time to time fixed under section five of the Act of Her Majesty, before referred to, and thereupon to sign an order for payment on the treasurer or other officer of the county, riding, or division, or city, liberty, or franchise, in which the offence shall have been committed or supposed to have been committed, in the same manner as an order for payment could have been made in case the parties had been bound over to prosecute, and an indictment had been preferred, and such treasurer or other officer shall pay the amount of such order to the person or persons named therein. B. was committed for trial at the Liverpool assizes upon the inquisi- tion of the coroner for the county of L. on a charge of murder. It was alleged that he had committed the act in the borough of W., but that the death took place in the county of L. B. was brought before the justices of the borough of \V\, but they refused to commit. On the case being called on at the assizes no evidence was offered against B. : — Held, that the borough of W. must bear the expenses of the prosecution. 11. v. JJroir/i, ex 'parte Mayor, $c, of Wigan, 62 J. P. 521. The effect of a strict reading of these three statutes (7 Geo. 4, c. 64 (The Criminal Law Act, 1826) ; 14 & 15 Vict. c. 55 ; 29 & 30 Vict. c. 52) appears to be that misdemeanors, the costs of prosecuting which are payable out of the local rate, range themselves into two classes. Inasmuch as section 1 of 21) & 30 Vict. c. 52, enumerates the misde- meanors to which it applies, it seems to follow that it does govern other misdemeanors not mentioned in the section, but the costs of prosecuting which arc, nevertheless, by various statutes prior to 2SJ & 30 Vict. c. 52, made payable as in cases of felony. Class I. — Misdemeanors the costs of prosecutions which are payable not only in the event of a committal for trial (The Criminal Law Act, 1826, 7 Geo. 4, c. 64 ; The Criminal Justice Administration Act, 1851, 14 & 15 Vict. c. 55), but also in the event of dismissal by the magistrate, provided the charge has been bond fide preferred (21) & 30 Vict. c. 52, s. 1). Assault with intent to commit felony. Attempt to commit any felony (except against the Treason Felony Act. 1848). Riot. Receiving stolen property, knowing the same to be stolen, under such circumstances as to constitute a misdemeanor. Assault upon a peace officer in the execution of his duty, or upon any person acting in aid of such officer. Neglect or breach of duty as a peace officer. Knowingly, wilfully, and designedly obtaining any property by false pretences. Wilful and indecent exposure of the person. 30 cfi 31 Vict c. 35, s. 5. 401 Wilful and corrupt perjury or subornation of perjury. App. Unlawfully taking or causing to be taken any unmarried girl, under 1 i be age of sixteen years, out of the possession and against the will of her Note father and mother, or of any other person having the lawful care or to charge of her. Sect. 2. Conspiring to charge any person with any felony, or to indict any person for any felony. Conspiring to commit any felony. Class II. — Misdemeanors not included in 20 & HO Vict. c. 52, s. 1, the costs of prosecuting which arc payable under various statutes. Offences against the Highway Act, 1835, in respect whereof a prosecu- tion is directed bv the county council. ."> k 6 Will. 4, c. 50, S. 90 ; see ."1 & 52 Vict, c 41, ss. 3 (iv.), 28. Indictable misdemeanors under — (1.) 14 & 15 Vict. c. 11), s. 11 (assault to resist apprehension). (2.) The Merchant Shipping Act. 1894 '-7 ft 58 Vict. c. Ho. s. 700). (3.) The Accessories and Abettors Act, 1861 (21 & 25 Vict. c. 94). (4.) The Larceny Act, 1861 (24 & 25 Vict. c. 96), (except offences included in Class I.). (5.) The Falsification of Accounts Act. 1875 (38 & 39 Vict. c. 24). (6.) The Malicious Damage Act. 1861 (2 I & 2.'. Vict. c. 97). (7.) The Forgery Act, 1861 (24 ,t 25 Viet. e. 98). (8.) The Offences against the Person Act, 1861 (24 & 25 Vict, c. loo), (except common assault ami offences included in Class I.). Any corrupt or illegal act at or in connection with a parliamentary or municipal election (17 & 18 Viet. c. 102, ss. 10, 13 ; 16 vV: 47 Vict, e* 51, s. 53 ; 47 & 48 Vict. c. 70, s. 30 : .">1 k 52 Vict. e. 41. s. 75). Any offence indictable by virtue of section 17 of the Summary Jurisdiction Act, 1879. Since the passing of 2!) & 30 Vict, c. 52, the costs of certain misde- meanors have been made payable "as in felony." It. would appear that they should be included in Class I. They are misdemeanors under the Prevention of Cruelty to Children Act, 1894 (57 & 58 Vict. c. 41), the Official Secrets Act. 1889 (:»2 k :« Vict. c. 89, s. 11. Scale of Alloicaneei. 499 App. SCALE OF ALLOWANCES TO PROSECUTORS AND WITNESSES. Orders of Secretary op State prescribing Scale op Allow- ances to Prosecutors and Witnesses ctndeb the! 'immix m. Justice Adktnistbation Act, 1851 [14 & 15 Vict. c. 55, s. 5). [9th February, 1858. Whereas it i> expedienl to make regulations as to the rates and scales nt' payment according to which costs, expenses, and compensa- tion shall be allowed and ordered to be paid under the Ad of the seventh year of the reign of King George the Fourth, cap. 64, and divers other Acts of parliament authorising such payments to prosecutors and witnesses, and to persons attending courts in obedience to recognizances or subpoenas in the cases of criminal prosecutions, tor their travelling expenses and trouble and loss of time incurred in attending such courts, and also to make regula- tions as to the rates and scale- of payment according to which certificates may 1m- granted by the examining magistrate or magis- trates in respeel of the travelling expenses of prosecutors, and witnesses for the prosecution, and other persons, of attending before such magistrate or magistrates, and of compensation for trouble and loss of time therein in the cases aforesaid : And whereas to the end aforesaid* it has become necessary to revoke divers regulations made under the 26th section of the said Act. hereinbefore recited : Now T, the Bight Honourable Sir George Grey, acting under and in pursuance of a certain Act of parliament made anil passed in a session of parliament holden in the fourteenth and fifteenth years of the reign of Her present Majesty, intituled. •■An Act to amend the Law relating to the Expenses of Prosecutions, and to make further Provision for the Apprehension and Trial of Offenders in certain Cases," do revoke, annul, and make void all rules and regulations made under the said Z6th section of the said Act. whereby any costs, expenses, and compensations may he allowed or ordered to lie paid to such prosecutors and witnesses, or other persons attending on recognizances or subpoena, for their travelling expenses, trouble, and loss of time in attending before such courts or before such examining magistrate or magistrates, to a larger or greater amount than the allowance.- hereinafter authorised to be made in that behalf: and 1 do make, constitute, and appoint the following rules and regulations to be observed by all courts and magistrates, and the officers and clerks of such courts and magis- trates, and by all oilier- whom it may concern, as to the rate- and scales of payment of such costs, expenses, and compensation : and I do direct that the same shall take effect and lie in force iti all places where the same may he capable of taking effect, that is to say,— K K '2 500 Scale of Allowances to App. 1. I do make, constitute, and appoint the following rules and regulations, as to the rates and scales of payment according to which such certificates may be granted by such examining magistrate or magistrates, in respect of the travelling expenses of prosecutors and witnesses, for the prosecution of attending before such magis- trate or magistrates, and of compensation for their trouble and loss of time therein in the cases aforesaid, namely : — e a-, d. There may be allowed to prosecutors or witnesses being members of the profession of the law, or of medicine, if resident in the city, borough, parish, town, or place, where the examination is taken, or within a distance not exceeding two miles from such place, for their loss of time and trouble in attending to give professional evidence on such examination, but not other- wise, a sum in the discretion of the magistrate or magistrates, for each attendance not to exceed . . . . . . 10 6 If such prosecutor or witness shall reside elsewhere, then a sum for the same not to exceed . . . . . . .110 And for mileage, a sum not to exceed M. per mile each way. To prosecutors and witnesses being constables attending the bench of magistrates where such examination is taken on any police duty, and to constables paid by salary, and attending from a distance not exceeding three miles, there shall be allowed Nil. Unless the magistrate or magistrates shall certify that there were special reasons for making an allowance, and shall specify such reasons upon his or their certificate, and then a sum not to exceed for each day . . . . . . . .010 To prosecutors and witnesses being constables paid by salary, and not attending the magistrate or bench of magistrates on any police duty, for their trouble in attending such examination, from a distance greater than three miles, and not exceeding seven miles from the place where the examination is taken, a sum not to exceed for each day 10 To the same if attending from a distance greater than seven miles from the place where the examination is taken, a sum nut to exceed for each day 16 To prosecutors and witnesses being constables paid by salary, if necessarily detained all night for the purposes of the examina- tion, a sum for the night not to exceed 2 (The said allowances to prosecutors and witnesses being constables paid by salary, arc to be conditional upon the same being applicable for their personal benefit.) To prosecutors and witnesses being constables necessarily travelling to the place of examination in discharge of any police duty, there shall be allowed for mileage . . .Nil. (Unless the examining magistrate or magistrates shall certify that there were special reasons for making an allowance, and shall specify the same upon the certificate, :mil then the >ame as other constables.) To prosecutors and witnesses being constables not attendingthe place lit' examination in discharge of a police duty, and Prosecutors and Witnesses. 501 entitled to be conveyed under 7 & 8 Vict. c. *■">. -. 12, and able to travel by railway, there shall lie allowed mileage as follows: — To superintendents, inspectors, Serjeants, and constables, the lowest amount per mile authorised by Aet of parlia- ment for their conveyance and no larger sum : To prosecutors and witnesses being constables able but not sii entitled to travel, and not attending the place of examination on any police duty, there shall he allowed for mileage, railway fare, the same as to ordinary witnesses : To prosecutors and witnesses being constables not able to travel by railway, and not attending the magistrate or ma.L r Nt rates on any police duty, for every mile beyond four miles each way they shall travel to reach the place of examination, a sum not to exceed each way. 2^/. ; To prosecutors and witnesses 1 icing constables able partially to travel by railway, for every mile after the first four miles each way. in reaching such means of conveyance, a -mn not to exceed 2<2.,and railway fare as other constables. To prosecutors and witnesses not hereinbefore provided for. resident in the city, borough, parish, town, or place where the examination is taken, or within a distance not exceeding two miles from such place, for their trouble and loss of time in so attending, there shall he allowed a sum for each day not to e\eeed If resident elsewhere, and beyond the distance of two miles, or if such prosecutors or witnesses shall he necessarily detained from home, for the purpose of the examination, more than four hours, a sum, at the like discretion, not to exceed . . . If they shall be necessarily detained from home more than six hours, then a sum. at the like discretion, not to exceed . . When he or they shall reside at such a distance from the place of examination as to render it necessity that he or they shall sleep from home. then, at the like discretion, a sum for the night not to exceed ......... There may he allowed for mileage as follows : — If the prosecutor or witness reside at a greater distance than two miles from the place of examination, and the whole or any portion of the journey can be performed by railway, second-class for such whole or portion of the journey, as the case may !»■: and for a journey, or part of a journey, performed otherwise than by railway, a sum not to exeeeil per mile each way . . . . . d. App. 1 o ■i •; 3 In pursuance of the power in me vested, 1 do make the following rules and regulations as to the rates and scales of payment of costs, expenses, ami compensations to lie allowed, or ordered to be paid, under the -aid Aet of the seventh year of the reign of George the Fourth, and other the Acts of parliament aforesaid, to prosecutors and witnesses attending courts of assize, oyer and terminer, gaol delivery, general session of the peace, or any other courts having power to allow such costs, expenses, and compensation to prose- 502 Scale of Allowances to App. cutors and witnesses and persons attending such, courts, in • obedience to any recognizance or subpoena in cases of criminal prosecutions, for their trouble, loss of time, and travelling expenses in so attending. For the purpose aforesaid I do make, constitute, and appoint the following rules and regulations ; (that is to say,) they may be allowed: — ■ £ s. d. To prosecutors and witnesses, being members of the profession of the law or of medicine, attending to give professional evidence, but not otherwise for their trouble, expenses, and loss of time, for each day they shall necessarily attend the court to give professional evidence, a sum not to exceed .110 For each night, the same as ordinary witnesses, and for mileage a sum not to exceed per mile each way 3 To prosecivtors and witnesses being constables and paid by salary, if resident in the city, borough, town, or place, where such' court is held, or within a distance not exceeding two miles of such place, a sum, in the discretion of the court, not to exceed for each day 10 If resident elsewhere, and if they shall attend from a greater distance than two miles, a sum, in the discretion of the court. for each day not to exceed . . . . . ■ . o 1 6 To the same if they shall be necessarily detained all night for the purposes of the prosecution, a further sum for the night not to exceed . . . . . . . . . .020 If such prosecutors and witnesses shall be chief constables or superintendents attending from a distance greater than three miles, and they shall be necessarily detained all night for the purpose of the prosecution, instead of the foregoing allowances there may be allowed to them the same as ordinary witnesses. (The said allowances to prosecutors and witnesses, being constables paid by salary, shall be conditional on the same being applicable to their personal benefit.) To prosecutors and witnesses, being constables who shall be entitled to be conveyed under the Railway Regulation Act, 1844 (7 & 8 Vict. c. 85, S. 12). and able to travel by railway, there may be allowed for mileage as follows : — To superintendents, inspectors, serjeants, and police con- stables, the Lowest amount per mile authorised by Act of parliament for their conveyance, and no larger sum ; To prosecutors and witnesses, being constables not so entitled to travel, there may he allowed railway fare the same as to ordinary witnesses ; To the same if paid by salary, and where they are able to travel by railway, for every mile beyond four miles, each way, they shall travel to and return from the court where the prosecution takes place, a sum not to exceed 2d. : To the same if paid by salary, when able partially to travel by railway, for every mile after the first tour miles each way in reaching such means of conveyance, a sum not to ex'-rcl 2d., and railway fare a- Other constables. Prosecutors and Witnesses. 503 V. i. (I. App. To pr and witnesses aol hereinbefore provided for. there may be allowed for their expenses, trouble, and loss of time in attending the court where the prosecution lakes place, per day, a sum no1 toexceed . . . . . . .036 To the same, if entitled to mileage, for *-:i> li night they may be necessarily detained Erom home for the purposes of the prosecution a1 any assizes, session of gaol delivery, or session of oyer and terminer, a sum not toexceed . . . .026 To the same, for each night they may necessarily be detainer! Erom home for the purposes of the prosecution at a session of the peace 2 To the same for mileage there may lie allowed as follows : — [f resident more than two miles from the courl where the prosecution takes place if the whole or any portion of the journey can be performed by railway, second-class fare tor such whole or portion of the journey, a-- the case may be. and for a journey or part of a journey performed Otherwise than by railway, per mile, each way. a sum not to exceed f) 3 In computing the amount to bo allowed for mileage under any of the regulations herein contained, 1 do direct that no greater allowance be made than at the rate of •'!'/. per mile each way by the nearest available route. I also direct that no prosecutor or witness allowed for mileage, under any of the regulations herein contained, shall be allowed for loss of time occasioned by his or her omission to avail himself or herself of a public conveyance, if available. I further direct that no prosecutor or witness be allowed, under any of the regulations aforesaid, for his attendance. Loss of time. trouble, or expense, in more than one case on the same day. 1 further direct that no constable paid by salary be allowed for railway fare not actually paid. 1 do authorise payment to the officer of a gaol whose duties require his attendance in the courl where the prosecution take- place, for giving evidence on a former conviction, a sum not to exceed 38. <>'/. L do make the following regulations as to compensation to be allowed in the cases of prisoners brought by writ of habeas corpus, or other lawful process, to give evidence for the prosecution. To governors and officers of gaols, in whose custody the prisoner is brought, as follows: — I" a governor, for his loss of time, trouble, and expenses, in bringing up such prisoner, for each day he may attend, the sum of ' . . ft 12 U To other officers, for the same, the sum of . . . .060 And for mileage, a sum, in the discretion of the court, not to exceed per mile each way . . . . . . 1 (I Provided always that the above allowances shall not be made to any gaoler or officer charged with the custody of prisoners for trial, 504 Scale of Allowances to App. at the place where such prisoner shall be required to give evidence, in respect of the time such gaoler or officer shall, by virtue of his office, be required to be there present. I authorise the following payments to be made to attorneys for the prosecution, giving evidence, over and above the allowance so made to them as attorneys : — £ .v. d. Such attorneys may be allowed a sum not exceeding . .068 ]f, in the opinion of the proper officer of the court, such evidence was necessary, and saved the attendance of another witness. And whereas it may become necessary, in certain cases, that scientific persons, unacquainted with the facts to be given in evidence upon the prosecution, may be required to attend as witnesses, in order to state their opinion on matters of science in the issue on such prosecutions, and it is reasonable in such cases that the foregoing rates of allowance should be departed from ; I hereby direct that the allowances to be made to such persons shall be subject to the decision of the court before whom such persons may be examined, which may direct such allowances as to such court may appear reasonable. Whenever an interpreter shall be employed to interpret on the part of the prosecution, it shall be competent for the court before whom such interpreter shall be so employed to make him such allowances as to such court may seem reasonable : Provided always, that this regulation is not to interfere with any regulations in force (where such now exist) for the remuneration of interpreters. In case of the illness or inability of any prosecutor or witness to travel without some special means of conveyance, it shall be lawful for the court to depart from the foregoing rates of allowances, and to make siich other allowances as the justice of the case shall require. Under the circumstances herein sjiecified under the head of exceptions, I authorise a departure from the rules and regulations herein contained, as well by the examining magistrate or magistrates as by the courts herein mentioned, except only in the case of an attorney for the prosecution giving evidence : Provided always, that whenever any allowances hereinbefore authorised under the head of exceptions, shall have been made, the circumstances under which the general rate of allowances shall be departed from shall in all cases be fully specified by the proper officer of the court, or magistrate, upon the document by which such allowances shall be authorised. [The last portion of tin'* order was annulled by Set nl Vict. c. 71, s. L3, enacts that where any "act is directed or authorised to be done by any justice or justices of the peace belonging to any of the metropolitan police courts, or by any justice! or justices residing in or near or next the parish or place where any offence or other matter cognizable before him <>r them shall be com- mitter! or shall arise, the same jurisdiction may be exercised by one 5 ,(' 6 Vict, c. 109. 507 of the said magistrates in any of the said courts; " and further, by App. section 11. "That it shall be lawful for any one of the said tnagis- trates appointed, or hereafter to be appointed, to do alone any art at any of the said courts, or at any place where Her Majesty shall order any such court to be holden within the limits of the metro- politan police district for the time being, which by any law now in force, or by any law not containing an express enactment to the contrary, hereafter to be made, is or shall be directed to be done by more than one justice: Provided always, that none of the said magis- trates shall be competent to act as a justice of the peace, cither alone pr with any other justice or justices, in anything which is to be done at a special or petty sessions of all the justices acting in the division, or by tin- justices of any of the said counties or liberties in quarter ms assembled." It lias been decided tint county justices, who acting under the Metropolitan Police Courts Act, 1840 [3 & 1 Vict, c. 84), s. 6, convict for an offence under The Metropolitan Police Courts Act. ls:3!) (2 A: 3 Vict. c. 71), are entitled to the privileges of a metropolitan police magistrate under the last-mentioned statute, and, therefore, to the same limitation of three months upon any action against them winch a police magistrate would have had. Barnet v. Cox, lb' I.. J. M. C. 27 ; 11 Jur. 118; 11 J. P. 118. And see /.'. v. Richards, 16 L. T. 386; //. v. Bloomabury, 20 L. J. M. C. 200. THE PARISH COXSTAPLKS ACT. h!:'. 5 & (i VICT. Cap. 109. Fees and allowances. — It is provided by 5 & 6 Vict. c. 109, s. 17. "that the justices of the county, in general quarter sessions assembled, shall from time to time, subject to the approval of one of Her Majesty's principal secretaries of state, settle tables of fees and allowances to the clerks to the justices for the performance of their duties under this Act, and to the constables for the service of summons and execution of warrants, and for the performance of such other occasional duties which may be required of the said constables, for which the said justices shall think that fees ought to be allowed ; and whenever any duty for which any such fee or allowance shall have been settled, and for which the payment is not by law charged upon the county rates, shall have been performed by any clerk, or by any constable appointed under this Act. the amount of the [ ,r allowance shall be paid by the overseers of the parish in respect of which such fee has become payable, out of any moneys in their bands collected for the relief ,,t the poor, upon the order of the justices in petty sessions assembled, for the division, and under such regulations as shall be made from time to time by the justices in general or quarter sessions assembled, subject to the approval of the secretary of state." See also 13 Vict. c. 20, s. -. 508 Stipendiary Magistrates. App. S^tTi. STIPENDIARY MAGISTRATES. THE STIPENDIARY MAGISTRATES ACT, 1858. 21 & 22 VICT. Cap. 73. 1. A stipendiary magistrate may do alone all acts authorised to be done by two justices. — Every stipendiary magistrate appointed for any city, town, liberty, borough, place, or district sitting at a police court or other place appointed in that behalf, shall have power to do alone any act and to exercise alone any jurisdiction which under any law now in force, or under any law not containing an express enactment to the contrary hereafter to be made, may be done or exercised by two justices of the peace, and all the provisions of any Act of parliament auxiliary to the jurisdiction of such justices shall be applicable also to the jurisdiction of such stipendiary magistrate. 2. Foregoing enactment to extend to acts required to be done at petty sessions. — -The authority and jurisdiction given to a stipendiary magistrate by the enactment hereinbefore contained shall extend and apply as well to the eases where the act of juris- diction is or hereafter may be expressly required to be done or exercised by justices sitting or acting in petty sessions as to other cases, and any enactment authorising or requiring persons to be summoned or to appear at such petty sessions shall in the like cases authorise or require persons to be summoned or to appear before the stipendiary magistrate having jurisdiction at the police court or other place appointed for his sitting. 3. Saving of jurisdiction of quarter sessions and special sessions, and as to licences. — Nothing hereinbefore contained shall extend to acts to be done or jurisdiction to be exercised at the general or quarter sessions of the peace, or to acts or jurisdiction expressly required (by any existing or future law) to be done or exercised at special sessions, or to any act or jurisdiction in relation to the grant or transfer of any license. 4. Saving as to metropolitan police magistrates. — Nothing hereinbefore contained shall extend, alter, or affect in any manner the powers or authorities of the magistrates appointed or to be appointed to the police courts in the metropolitan police district. ****** 6. 2 & 3 Vict. c. 71, s. 18. not to apply in certain cases. — So much of section eighteen of the Act of the session holden in the second and third years of Her Majesty, chapter seventy-one. us makes void (except iii the case therein excepted) "every summons or warrant issued by any justice of the peace of the counties of Middlesex, Surrey, Kent, Essex, or Hertfordshire respectively, 32 ,(• 33 Vict. c. 34. 509 requiring any person residing within the metropolitan police district App. to appear at any place without the said district to answer any information or complaint touching any matter arising within the Sect. 6. said district," shall not apply to any such summons or warrant in respect <>t' any matter arising within any part of the said district not assigned for the time being to any of the police courts of the metropolis. 7. Powers of magistrates acting for places in the metro- politan police district within which no police court is established 2 & 3 Vict. c. 71. — in every ease in which any person shall be brought before any police magistrate, or any two magistrates acting within the said metropolitan police district, for any place within which no police court shall have been established, for any offence under the twenty-fourth section of an Act of the session holden in the second and third years of Her Majesty, chapter seventy-one, such police magistrate, or such magistrates acting in and for such place, may hear and determine the matter, and in case of conviction may commit the offender to he imprisoned in any gaol or house of correction in and for the county, liberty, or place in which such offence shall have been committed, though not within the said metropolitan police district, and with or without hard labour, for any time not exceeding two calendar months, and in their discretion without the infliction of any hue in default of payment of which such imprisonment might be adjudged. ****** 14. Power to appoint county stipendiary magistrates to be magistrates of the metropolitan police courts. — It shall be lawful for Her Majesty to appoint any stipendiary magistrate acting for any city, town, liberty, borough, or place in England or Wales to be a magistrate of any one of the police courts of the metropolitan police district, although such stipendiary magistrate shall not have practised as a barrister during at least seven years then last past, nor shall have practised as a barrister for four year- then last past, having previously practised as a certificated special pleader for three years below the bar. APPOINTMENT OF DEFl'TIES. THE STIPENDIARY MAGISTRATES ACT, 1SG9. 32 & 33 VICT. Cap. 34. 2. Power to stipendiary magistrates to appoint a deputy. — It shall be lawful for any stipendiary magistrate or police magistrate, with the approval of the Secretary of State for the Home Department, to appoint a deputy, who shall have practised 510 The Recorders, E it enacted by the Queen'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 as follows : Sect. 1. 1. Provision as to deputies of recorders, magistrates, and clerks of the peace. — (1). If at anytime it appears to the authority having power to appoint a recorder or a stipendiary magistrate or a clerk of the peace for any place or county, that the recorder, magistrate or clerk of the peace for that place or county is, by reason of illness, absence, or any other cause, incapable of appointing or removing a deputy, the authority may exercise that power on his behalf, and in so doing may assign out of his salary or stipend a suitable remuneration to any deputy appointed under the power. (2.) Every deputy appointed under this section shall, during the time for which he is appointed, have all the powers and privileges and perform all the duties of the recorder, magistrate, or clerk of the peace for whom he is appointed. 2. (Short title.) 32 ,i- 83 Vict. c. 62, g. 5. nil THE MUNICIPAL CORPORATIONS ACT, 1882. 45 & 56 VICT. Cap. 50. Stipendiary Magistrates ix Boroughs. 161. Appointment of stipendiary magistrates. — (1.) If the council desire the appointment of a stipendiary magistrate for the borough, they may present ;i petition for the appointment to the secretary of state and thereupon it snail be lawful for the Queen to appoint to that office a barrister of seven years' standing. (2.) He shall hold office during Her Majesty's pleasure. 3. He shall, by virtue of his office, be a justice for the borough. (4.) There shall be paid to him such yearly salary, not exceeding, except with the consent of the council, that mentioned in the petition, as Her Majesty from time to time directs. (5.) It shall be paid by four equal quarterly payments, and in the same proportion up to the time of his death or ceasing to act. (6.) On a vacancy, a new appointment shall not he made until the council again make application as before the first appointment. (7.) More than one stipendiary magistrate maybe appointedfor a borough. THE DEBTORS ACT, 1869. 32 & 33 VICT. Cat. 62, s. 5. Saving power of committal for small debts. — Subjecl to the provisions hereinafter mentioned and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any competent court. Provided — (1.) That the jurisdiction of this section given of committing a person to prison shall, in the case of any court other than the superior courts of law and equity, he exercised only subject to the following restrictions ; that is to say, (d.) Be exercised only by a judge or his deputy, and by an order made in open court, and showing on its face the ground on which it is issued; (b.) (As to High Court.) App. Sect. 161. 512 The Debtors Act, 1869. App. (c.) Be exercised only as respects a judgment of a county court by a county court judge or his deputy. Sect. 5. (2.) That such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making defaidt either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects to pay the same. Proof of the means of the person making default may be given in such manner as the court thinks just ; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath, according to the prescribed rides. Any jurisdiction by this section given to the superior courts may be exercised by a judge sitting in chambers, or otherwise, in the prescribed manner. For the purposes of this section any court may direct any debt due from any person in pursuance of any order or judgment of that or any other competent court to be paid by instalments, and may from time to time rescind or vary such order. Persons committed under this section by a superior court may be committed to the prison in which they would have been confined if arrested on a writ of capias ad satisfacien- dum, and every order of committal by any superior court shall, subject to the prescribed rules, be issued, obeyed, and executed in the like manner as such writ. This section, so far as it relates to any county court, shall be deemed to be substituted for sections ninety- eight and ninety-nine of the County Court Act, 1846, and that Act and the Acts amending the same shall be construed accordingly, and shall extend to orders made by the county court with respect to sums due in pursuance of any order or judgment of any court other than a county court. No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand or cause of action, or deprive any person of any right to take out execution against the lands, goods, or chattels of the person imprisoned, in the same manner as if such imprison- ment had not taken place. Any person imprisoned under this section shall be dis- charged out of custody upon a certificate signed in the prescribed manner to the effect that he has satisfied the debt or instalment of a debt in respect of which he was imprisoned, together with the prescribed costs (if any). 45 ,c 46 Vict. c. 50, *. 221. 513 App. THE PUBLIC HEALTH! ACT, 1875. Sect. 254. 38 A: 39 VICT. Cap. .Vj. Application of Penalties. 254. Application of penalties.— Where the application of a penalty under this Act is not otherwise provided for, one-hall' thereof shall go to the informer, and the remainder to the local authority of the district in which the offence was committed: Provided that if the Local authority arc the informer, they shall he entitled to the whole of the penalty recovered, and all penalties or sums recovered by them on account of any penalty shall he paid over to their treasurer, and shall by him be carried to the account of the fund applicable by such authority to the general purposes of this Act. THE MUNICIPAL CORPORATIONS ACT, 1882. 43 & 4G VICT. Cap. .30. Application of Penalties. 221. Application of penalties in quarter sessions boroughs. — (1.) "Where by any Act passed or to he passed, any tine, penalty, or forfeiture is made recoverable in a summary manner before any justice or justices and payable to the crown, or to any body corporate, or to any person whom- soever, the same if recovered and adjudged before any justice of a borough having a separate court of quarter sessions shall, notwithstanding anything in the Act under which it is recovered, he recovered for and adjudged to be paid to the treasurer of the borough. (2.) Rut this section shall not apply to a fine, penalty, or for- feiture, or part thereof, where the Act under which it is recovered — (ff.) Directs payment thereof to the informer, or to any person aggrieved ; or, (b.) If passed since the Municipal < Wporations Act, \Kl~>, directs that the same shall go in any other manner, and not to the borough fund ; or, (c.) Relates to the customs, excise, or post office, or to trade or navigation, or to any branch of the revenue of the crown. S.J. A. L L 514 The Probation of First Offenders Act, 1887. App. Sect. 1. THE PK( >BATION OF FIRST OFFENDERS ACT, 1887. .30 & 51 VICT. Cap. 2o. An A ft hi permit tin- conditional Release of First Offenders In certain nis,.-. "Whereas it is expedient to make provision for eases where the reformation of persons convicted of first offences may, by reason of the offender's youth or the trivial nature of the offence, be brought about without imprisonment : Be it therefore enacted by the Queen'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, as follows : 1. Power to court to release upon probation of good con- duct instead of sentencing to punishment. — (1.) In any case in which a person is convicted of larceny or false pretences, or any other offence punishable with not more than two years' imprisen- ment before any court, and no previous conviction is proved against him, if it appears to the court before whom he is so convicted that, regard being had to the youth, character, and antecedents of the offender, to the trivial nature of the offence, and to any extenuating 1 circumstances under which the offence was committed, it is ex- pedient that the offender be released on probation of good conduct, the court may, instead of sentencing him at once to any punish- ment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period as the court may direct, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behavioru. (2.) The court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution, or some portion of the same, within such period and by such instalments as may be directed by the court. 2. Provision in case of offender failing to observe con- ditions of his recognizances. — (1.) If a court having power to deal with the offender in respect of his original offence, or any court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his r< cognizance, it may issue a warrant for his apprehension. (2.) An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court having power to sentence him, be broiight before a court of summary jurisdiction, and that court may either remand him by warrant until the time at which he was required by his recognizance to appear for judgment, or 61 d 62 Vict. c. 41, *. 6. 515 until the sitting of a court having power to deal with his original App. offence, or may admit him to bail with a sufficient surety con- ditioned on his appearing for judgment. Sect. 2. (3.) The offender when 80 remanded may be committed to a prison, either for the county or place in or for which the court remanding him acts, or for the county or place where he is bound to appear for judgment, and the warrant of remand shall order that he be brought before the court before which he was bound to appear for judgment, or to answer as to his conduct since his release. 3. Conditions as to abode of the offender. — The court, before directing the release of an offender under this Act, shall be >atisfied that the offender or his surety lias a fixed place of abode or regular occupation in the county or place for which the court acts, or in which the offender is likely to live during the period named for the observance of the condition-. 4. Definition of "court." — In this Act the term "court" includes a court of summary jurisdiction. 5. Short title. — This Act may be cited as the Probation of First Offenders Act, 1887. THE PRISON ACT, 1898. 61 iK: 62 APT. Cap. 41. 6. Divisions of prisoners. — (1.) Prisoners convicted of offences, either on indictment or otherwise, and not sentenced to penal servitude or hard labour, shall be divided into three divisions. (2.) "Where a person is convicted by any court of an offence, and is sentenced to imprisonment without hard labour, the court may, if it thinks fit, having regard to the nature ol the offence and the antecedents of the offender, direct that he be treated as an offender of the first division or as an offender of the second division. If no direction is given by the court, the offender shall, subject to the provisions of this section, be treated as an offender of the third division. (;j.) Any person imprisoned for default in payment of a debt, including a civil debt recoverable summarilv, or in default or in lieu of distress to satisfy a sum of money adjudged to be paid by order of a court of summary jurisdiction, when the imprisonment is to be without hard labour, shall be placed in a separate division and treated under special prison rules, and shall not be placed in association with criminal prisoners, nor be compelled to wear prison dress unless his own clothing is unfit for use. L L 2 516 The Prison Act, 1898. APP- (4.) Any person imprisoned for default of entering into a recog- nizance or finding sureties for keeping the peace, or for being of Sect. 6. g 00 d behaviour, shall be treated under the same rules as an offender of the second division, unless he is a convicted prisoner, or unless the court direct that he be treated under the same rules as an offender of the first division. (5.) References in sections 40 and 41 of the Prison Act, 1877 (40 & 41 Vict. c. 21), to a misdemeanant of the first division within the meaning of section 67 of the Prison Act, 1865, shall be construed as references to an offender of the first division within the meaning of this section. Sub-section 2 will apply to cases of imprisonment in default of paying a penalty. 9. Release of prisoner on payment of portion of fine. — Where a person is committed to prison for non-payment of a sum adjudged to be paid by the conviction of any court of summary jurisdiction, then, on payment to the governor of the prison, under conditions prescribed by prison rules, of any sum in part satisfac- tion of the sum so adjudged to be paid, and of any charges for which the prisoner is liable, the term of imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the prisoner is sentenced as the sum so paid bears to the sum for which he is ^o liable. Provision may be made by rules under section 29 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49). for the application of sums paid under this section and for any matter incidental thereto. The rule of April 6th, 1899, set out at p. 289, relates to this section. 11. Order for production of prisoner. — (1.) A secretary of state, on proof to his satisfaction that the presence of any prisoner at any place is required in the interest of justice, or for the purpose of any public inquiry, may by writing under his hand order that the prisoner be taken to that place. (2.) A prisoner taken from a prison in pursuance of an order made under this section, or of a warrant issued under section nine of the Criminal Procedure Act, 1853 (16 & 17 Vict. c. 30), shall, whilst outside that prison, be kept in such custody as the Secretary of State may by general rules prescribe, and whilst in that custody shall be deemed to be in legal custody. (3.) For the purposes of this section, the expression " prisoner " shall include any person lawfully confined under any sentence or under commitment for trial or otherwise, and the expression ' ' prison " shall include any place in which any such person is lawfully confined. 12. Calculation of term of sentence. — (1.) In any sentence of imprisonment passed after the commencement of this Act the word " month " shall, unless the contrary is expressed, be construed as meaning " calendar month." 12. 61 <('■ 62 Vict. c. 41, s. 16. 517 (2.) A prisoner whose term i>t' imprisonment or penal servitude App. expires mi any Sunday, Christmas Day, or Good Friday, shall be discharged on the day next preceding. Sect. 16.— (2.) This Aet shall come into operation on the first day of January one thousand eight hundred and ninety-nine, provided that sections six and nine of this Aet shall come into operation on the date at which the first nil'- made under this Act come into force. Tic Eome Secretarj has addressed the following circular letter to the various court- of summary jurisdiction and others: — Home Office, Whitehall, A. 60,340. 25th April. L899. Sir. I am directed by the Secretary of State to acquaint you, for the information of your Bench, that Rules having now been made by him under the Prisons Act, 1898, to come into force on the 1st May, the Act will be in full operation after that date, and he desires to call your attention to the effect which the changes thereby made in the prison system will have on the administration of justice. I. The triple division of offenders created by section i> consti- tutes a most important alteration of the ordinary penal methods. Broadly, its intention is to allow prison treatment to he brought more closely in accord than it is at present, with the great variety of offences which, under the existing law, have been subjected to exactly similar treatment. Without any attempt arbitrarily to classify offences in such a manner as to render those guilty of them liable to differentia] treatment in prison, Parliament lias decided that it .-hall 1 ptional for the Court, when sentencing a prisoner to imprisonment without hard labour, to decide in which of the three divisions he .-hall lie placed, the only exceptions being that persons convicted of .-edition or i -edition- libel are to be placed in the first Division, in pursuance of section 40 of the Prison Act. 1N77, and section li (5) of the Prison Act, 1898, and that persons com- mitted to prison for breaches of the Vaccination Act will also he treated in this Division in pursuance of section a of the Vaccination Act, 1898. It may be noted, however, that in this Division will al.-o lie placed persons committed to prison for contempt of court (section 11 of Prison Act, ISTT, and section 6 ■'< of Prison Act, 1898) ; and that persons imprisoned fm- default of entering into a recog- nizance or finding sureties for keeping the peace or being of good behaviour are. unless their commitment follows on a conviction, to lie treated under the same rules as offenders of the Second Division. Speaking generally, however, the operation of the law depends entirely on the discretion of the < lourts by whom sentence i> passed, and it is only by their careful attribution of penalty, according to these Divisions, after full consideration of all the circumstance- oJ each case, that the intention of the A.-t can be carried into effect. The rules for Division [.correspond with the rules for the treatment 518 The Prison Act, 1898. App. of Misdemeanants of the First Division made under the Prison Act, 1865; and the Secretary of State has no reason to suppose that the number of prisoners to whom this special treatment is accorded will be any larger in the future than it has been in the past. The Second Division of offenders, however, is an entire innovation on the existing practice. The rules made for them constitute a considerable modification of the ordinary prison treatment, such as will be accorded to ordinary criminals in Division III. ; e.g., they will be kept apart from the ordinary criminals, they will wear a different dress, and they will be allowed more frequent letters and visits. It is impossible, in the Secretary of State's opinion, to define with precision the class of offenders who should properly be included in the Second Division. The only broad principle on which the Courts can act will be that they can properly order a convicted offender's inclusion in the Second Division whenever it shall appear that the ends of justice would be met by the infliction of a less severe treatment during the term of his sentence than that to which he would be liable under the ordinary prison rules; and. as it seems to him, the best criterion whether this is the case is not so much the legal character of the offence, as the character and antecedents of the offender and the circumstances in which the offence was committed. Whenever it is clear to the Court that the prisoner does not belong to the criminal class and has not been generally of criminal habits. Sir Matthew Ridley would suggest that a special direction should be given for his treatment in the Second Division. The mere fact that no previous convictions are charged against him would not, of course, of itself be sufficient ground for privileged treatment ; but this may properly be allowed, in the Secretary of State's opinion, whenever there is evidence of good character over a considerable period of time, and when it is clear that exceptional temptation or special provocation has led to a merely temporary deviation from the paths of honesty, or to an act of violence not in consonance with the natural disposition of the defendant. Dor some time past an attempt has been made, by means of a Star Class, to separate prisoners of this kind from the ordinary prison population, with a result that has been, on the whole, very satisfactory ; but, now that Parliament has given the Courts the power of classifying to some extent the prisoners they sentence to imprisonment, Sir Matthew Ridley trusts that the necessity for discrimination by the prison authorities will be much lessened. It is very necessary that the direction to place a convicted prisoner in the First or Second Division should always be put in writing, as otherwise it cannot be carried into effect; it may most conveniently be appended to the commitment immediately above the committing magistrate's signature; and a note of it should be made in the minute of adjudication entered in your I llerk's register in such a way that a return of all cases in which it has been given could afterwards, if necessary, be compiled therefrom. 61 .(■ 62 Vict. c. 41. 519 Division 111. It will be observed that the rules for the treatment App. of the Third Division correspond, generally, with those now in existence for the general government of prisons, to which all convicted prisoners have hitherto been subject, though in some minor p sspects modifications have been introduced. Subjecl to the exclusion of cases which, according to the discretion of the Courts, will bo specially assigned to Divisions T. and II., and of those which are so assigned by statute, this will remain the general and comprehensive division, embracing the mass of convicted prisoners, whether sentenced to hard labour or not, and whether the imprison- ment is in default of payment of a fine or not. The Secretary of State desires to take this opportunity of removing what he believes to be a very general misapprehension as to the distinction between sentences with and without hard labour. A form of hard labour corresponding to the sentence of the < lourt has hitherto been required by statute; that is to say. hard labour of the first class is defined by the Act of 1865 as " work at the tread- wheel, shot drill, crank, capstan, Btonebreaking, or such other like description of hard bodily labour as may be appointed," but the schedule to the Act limited the time during which such labour had to be enforced to three months, and the Act of 1877 further allowed the Secretary of State to restrict the period to one month. Hard labour of the second class has not differed materially from the labour on which prisoners sentenced to simple imprisonment have been ordinarily employed. Since L877, therefore, the addition of hard labour to a sentence of imprisonment has meant nothing more than that for the first 28 day- of the sentence a male prisoner is liable, if returned physically fit, to be kept on a certain form oi labour like the treadwheel or crank, from which a man sentenced to simple imprisonment is exempt; but, alter this period is com- pleted, he is employed on labour of the same kind as other prisoners, and, in practice, the differentiation of a hard labour sentence disappears. The Act of last Session repeals the statutory provision prescribing any particular form of labour even for the first month. Moreover, public opinion has declared itself emphatically against the employment of any prisoner on forms of labour which are useless and unproductive. It is, however, in the opinion of the Secretary of State, reasonable and proper that a sentence of hard labour should carry with it an infliction of punishment greater than that which is meted out to a sentence of simple imprisonment ; and pro\ ision has been made in the rule- for gh big to the discipline of a man sentenced to hard labour a specially penal character for the first month. lie will be kept- during this period in strict separation and employed on labour of a hard bodily or manual kind, which, however, shall he productive, w bile prisoners sentenced 1<> simple imprisonment may lie employed from the first in association on work of a less severe kind -both classes, he it noted, being equally obliged to work -but after 28 days all distinction between the two classes, so far as the ordinary discipline i> concerned, will practically disappear. 520 The Prison Act, 1898. App. A further result of the addition of hard labour to a sentence of imprisonment should, however, be noticed, namely, that if added to a sentence of not more than 12 months' imprisonment passed on any person convicted of a felony it operates under section 2 of the Forfeiture Act, 1870 (.S3 & 34 Vict. cap. 23), to determine any pension payable to the defendant from any public fund, unless he shall receive a free pardon within two months of his conviction. The Secretary of State has reason to believe that the provisions of this statute are not always borne in mind when judgment is passed on Army pensioners and others convicted of felony, and he is glad of the opportunity of pointing out that in such cases the pension will not be forfeited unless the prisoner is sentenced to death or penal servitude or imprisonment with hard labour or imprisonment for more than 12 months. II. Section 8 and the rule made in pursuance of it allow any convicted prisoner under sentence of more than six months' imprisonment to earn, by special industry and good conduct, a remission of a part of his sentence not exceeding one-fourth of the period remaining after he has served six months. A prisoner sentenced to 10 months imprisonment can thus obtain his discharge in 9 months ; to 12 months, in 10.\ month.-; to 18 months, in 15 months, and so on. The section applies whenever a convicted prisoner is liable to a term of more than G months' imprisonment with or without hard labour, though that term may be made up by more than one sentence. It does not apply except when the imprisonment follows on a conviction. The principle on which remission will be granted, and the mode in which it will be calculated, are generally the same as in the case of sentences of Penal Servitude, with this important distinction, that the prisoner will not be discharged conditionally on licence, but his sentence will be deemed to have expired from the date when he is discharged. The mark system of calculating remission will be applied to sentences within this section in the same way as it lias hitherto been applied to sentences of Penal Servitude. III. Section t) allows any prisoner who has been convicted by a ( 'ouvt of Summary Jurisdiction and committed to prison in default of payment of a fine, to pay a portion only of the tine, and thereby to reduce the term of imprisonment to which he is liable by a period proportionate to the amount paid. For the purposes of the section costs of all kinds are to be reckoned as part of the hue. Thus, when a hue of 7s. <>'/. costs, and in default the defendant lias been committed for 11 days' imprison- ment, then for every shilling paid by the defendant his term of imprisonment will be shortened by one day. The money so paid will be accounted tor by the Governor to the Clerks of the several Courts of Summary Jurisdiction. A rule has been made bv the Lord < 'liancellor under section 29 of the Summary 52 ,r 53 Vict, c 63, s. 2. 521 Jurisdiction Act, 1879, to regulate the apportionment by the < lerks App. of sums so received by them. A copy is enclosed herewith. (See p. 239, ante.) TV. Section 12. "Month" in any sentence of imprisonment has hitherto meant ••lunar month"; it will mnv have the meaning of "calendar month," unless otherwise expressed. It will be unnecessary therefore to use the word "calendar" in warrants of commitment, minutes of conviction, &c. The Secretary of State will watch, with the greatest anxiety, the operation of the Act, and especially the results obtained by the afication of prisoners und< r section 6, and be will be very glad, after the Act has been in force for 12 months, to receive any observations that the experience of your Bench may suggest with regard to this subject. Three copies of this letter are enclosed for distribution among the members of the Bench. I am, sir. Your obedient Servant, EENELM K. DIGBY. THE [NTEEPEETATION ACT, 1889. 52 & 53 VICT. Cap. G3. Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and (.'ominous, in this present parliament assembled, and by the authority of the -aim-, as follows : Re-enactment of existing Rules. 1. Rules as to gender and number. — (1.) In thi- Act, and in every Act passed after the year one thousand eight hundred and fifty, whether beforeor after tho commencement of this Act, unless the contrary intention appears, — (a.) Words importing the masculine render .-hall include female- : and (6.) Words in the singular shall include the plural, and word- in the plural shall include the singular. (2.) The same rules shall be observed in the construction of every enactment relating to an offence punishable on indictment or on summary conviction, when the enactment is contained in an Act passed in or before the year one thousand eight hundred and fifty. 2. Application of penal Acts to bodies corporate. — (1.) In the construction of every enactment relating to an offence punish- able on indictment or on summary conviction, whether contained in an Act passed before or after the commencement of this Act, the expression "person" shall, unless the contrary intention appears, include a body corporate. 522 The Interpretation Act, 1889. Sect. 2 App. (2.) Where under any Act. whether passed before or after the commencement of this Act, any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where that body is the party aggrieved. 3. Meanings of certain words in Acts since 1850. — In every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, the follow- ing expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely, — The expression "month" shall mean calendar month: The expression "land" shall include messuages, tenements, and hereditaments, houses, and buildings of any tenure : The expressions "oath" and "affidavit" shall, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and the expression " swear" shall, in the like case, include affirm and declare. By the Prison Act, 1898 (61 & 62 Vict. c. 41). s. 12, it is provided " in any sentence of imprisonment passed after the commencement of this Act. the word 'month' shall, unless the contrary lie expressed, be construed as meaning 'calendar month.'" 4. Meaning of " county" in past Acts. — In every Act passed after the year one thousand eight hundred and fifty and before the commencement of this Act the expression "county" shall, unless the contrary intention appears, be construed as including a county of a city and a county of a town. 5. Meaning of k; parish." — In every Act passed after the year one thousand eight hundred and sixty-six, whether before or after the commencement of this Act, the expression "parish" shall. unless the contrary intention appears, mean, as respects England and Wales, a place for which a separate poor rate is or can be made, or for which a separate overseer is or can lie appointed. 6. Meaning of "county court." — In this Act. and in every Act and order of council passed or made after the year one thousand eight hundred and forty-six, whether before or after the com- mencement of this Act, the expression "county court" shall, unless the contrary intention appears, mean as respects England and Wales a court under the County Courts Act. Inns ~>\ & 32 Vict. c. 4:j). 7. Meaning of " sheriff clerk," &c, in Scotch Acts — In every Act relating to Scotland, whether passed before or after the commencement of this Act. unless the contrary intention appears — The expression "sheriff clerk" shall include steward clerk ; The expression "shire," "sheriffdom," ami "county" shall include any stcwartrv in Scotland. 52 ,( 53 Viet. c. 68, *. 12. 523 8. Sections to be substantive enactments.— Every section App. of an Ait shall have effect as a substantive enactment without — introductory words. Sect. 8. 9. Acts to be public Acts. —Every Act passed after tin' year one thousand eight hundred and fifty, whether before or after the commencement of tin- Act. -hall be a public Act and shall he judicially noticed as such, unless the contrary i- expressly provided by the Act. 10. Amendment or repeal of Acts in same session. — Any Act may he altered, amended, or repealed in the same session of Parliament. 11. Effect of repeal in Acts passed since 1850. (1.) Where an Act passed after the year one thousand eight hundred arid fifty, whether before or after the commencemenl of this Act, repeals a repealing enactment, it -hall not he construed asrevn ing any enact- ment previously repealed, mile-- words are added reviving that enactment. (2.) Where an Act passed after the year one thousand eight hundred and fifty, whether before or after tin.' commencement of this Act, repeal- wholly or partially any former enactment and substitutes provisions for the enactment repealed, the repealed enactment shall remain in force until the substituted provisions come into operation. New General Rules of Construction. 12. Official definitions in past and future Acts. — In this Act, and in every other Act. whether passed before or after the com- mencemenl of this Act. the following expressions .-hall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely: (1.) The expression "the Lord Chancellor" -hall, except when used with reference t < > Ireland only, mean the I. did High Chancellor of (ireat Britain for the time being, and when used with reference to Ireland only, shall mean the Lord Chancellor of Ireland for the time being. (2.) The expression "the Treasury" shall mean the Lord High Treasurer for the time being or the Commissioners for the time being of Her Majesty's Treasury. (3.) The expression " Secretary of State " shall mean one of Her Majesty's Principal Secretaries of State for the time being. (4.) The expression "the Admiralty " shall mean the Lord High Admiral of the United Kingdom for the time being, or the Com- missioners for the time being for executing the office of Lord High Admiral of the United Kingdom. (.3.) The expression "the Privy Council" shall, except when used with reference t<> Ireland only, mean the Lords and others fur 524 The Interpretation Act, 1889. App. the time being of Her Majesty's Most Honourable Privy Council, and when used with reference to Ireland only, shall mean the Privy Sect. Council of Ireland for the time being. 12 - ((3.) The expression "the Education Department" shall mean the Lords of the ( lommittee for the time being of the Privy Council appointed for Education. (7.) The expression "the Scotch Education Department " shall mean the Lords of the Committer tor the time being of the Privy Council appointed for Education in Scotland. (8.) The expression " the Board of Trade" shall mean the Lords of the Committee for the time being of the Privy Council appointed for the consideration of matters relating to trade and foreign plantations. (9.) The expression " Lord Lieutenant." when used with reference to Ireland, shall mean the Lord Lieutenant of Ireland or other Chief Governors or < rovemor of Ireland for the time being. (10.) The expression "Chief Secretary," when used with reference to Ireland, shall mean the Chief Secretary to the Lord Lieutenant for the time being. (11.) The expression " Postmaster-General" shall mean Her Majesty's Postmaster-General for the time being. (12.) The expression '•Commissioners of Woods" or "Com- missioners of Woods and Forests" shall mean the Commissioners of Her Majesty's W Is, Forests, and Land Revenues for the time being. (13.) The expression ••Commissioners of Works" shall mean the Commissioners of Her Majesty's Works and Public Buildings for the time being. (14.) The expression '-Charity Commissioners" shall mean the Charity Commissioners for England and Wales for the time being. (15.) The expression " Ecclesiastical Commissioners" shall mean the Ecclesiastical < lommissioners for England for the time being. (16.) The expression "Queen Anne's Bounty" shall mean the Governors of the Bounty of Queen Anne for the augmentation of the maintenance of the poor clergy. (17.) The expression '-National Debt Commissioners" shall mean the Commissioners for the time being for the reduction of the National Debt. (18.) The expression "the Bank of England" shall mean, as circumstance- require, the Governor and Company of the Bank of England, or the bank of the Governor and Company of the Bank of England. (19?) The expression "the Bank of Ireland" shall mean, as circumstances require, the Governor and Company of the Bank of Ireland, or the bank of the Governor and Company of the Bank of Ireland. (20.) The expression "consular officer" shall include consul- general, consul, vice-consul, consular agent, and any person for Flie time authorised to discharge the duties of consul-general, consul, or vice-consul. 52 & 58 Vict. c. 63, *. 18. 525 Sect. 13. 13. Judicial definitions in past and future Acts. — In App this Act and in every other Act, whether passed before or after the commencement of this Act, the following expressions shall. unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely: — (1.) The expression " Supreme I lourt," when used with reference to England or Ireland, shall mean the Supreme Court of Judica- ture in England or Ireland, as the case may be, or either branch thereof. (2.) The expression •'Court of Appeal," when used with reference to England or Ireland, shall mean Her Majesty's Court of Appeal in England or Ireland, as the case may he. (3.) The expression "High Court," when used with reference to England or Ireland, shall mean Her Majesty's High Court of Justice in England or Ireland, as the ease may be. (4.) The expression " court of assize " shall, as respects England, Wales, and Ireland, mean a court of assize, a court of oyer and terminer, and a court of gaol delivery, or any of them, and shall, as respects England and Wales, include the Central Criminal Court. (d.) The expression "assizes," as respects England. Wales, and Ireland, shall mean the courts of assize usually held in every year, and shall include the sessions of the Central ( 'riminal Court, but shall not include any court of assize held by virtue of any special commission, or, as respects Ireland, any court held by virtue of the powers conferred by section sixty-three of the Supreme Court of Judicature Act (Ireland), 1877 (40 & 41 Vict. c. 57). ((3.) The expression "the Summary Jurisdiction Act, 1848," shall mean the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders." (7.) The expression "the Summary Jurisdiction (England) A.cts" and the expression "the Summary Jurisdiction (English) Acts" shall respectively mean the Summary Jurisdiction Act, 1848(11 & 12 Vict. c. 4.'3), and the Summary Jurisdiction Act, 1ST!) (42 & 43 Vict. c. 49), and any Act, past or future, amending those Acts or either of them. (8.) The expression " the Summary Jurisdiction (Scotland) Act-" shall mean the Summary Jurisdiction (Scotland) Acts. 1864 and 1881 (27 & 28 Vict. c. 53, and 44 & 4.3 Vict, c ;33), and any Act, past or future, amending those Acts or either of them. (9.) The expression "the Summary Jurisdiction (Ireland) Acts" shall mean, as respects the Dublin Metropolitan Police district, the Acts regulating the powers and duties of justices of the peace or of the police of that district, and as respects any other part of Ireland, the Petty Sessions (Ireland) Act, 1851 (14 & 15 Vict. c. 93), and any Act, past or future, amending the same. 526 The Interpretation Act, 1889. App. (10.) The expression "the Summary Jurisdiction Acts" when used iu relation to England or Wales shall mean the Summary Sect. Jurisdiction (England) Acts, and when used in relation to Scotland 13 • the Summary Jurisdiction (Scotland) Acts, and when used in relation to Ireland the Summary Jurisdiction (Ireland) Acts. (11.) The expression "court of summary jurisdiction" shall mean any justice or justices of the peace, or other magistrate, hy whatever name called, to whom jurisdiction is given hy, or who is authorised to act under, the Summary Jurisdiction Acts, whether in England. Wales, or Ireland, and whether acting under the Summary Jurisdiction Acts or any of them, or under any other Act, or hy virtue of his commission, or under the common law. On this sub-section see Tlie Deputies of the Freemen of the Borough of Leicester v. Hewitt, 62 L. J. M. 0. -".1 : 57 J. P. 314 : and note to section m of the S. J. Act, 1879, ante. (12.) The expression "petty sessional court" shall, as respects England or Wales, mean a court of summary jurisdiction con- sisting of two or more justices when sitting in a petty sessional court-house, and shall include the Lord Mayor of the city of London, and any alderman of that city, and any metropolitan or horough police magistrate or other stipendiary magistrate when sitting in a court-house or place at which he is authorised hy law to do alone any act authorised to he done hy more than one justice of the peace. (13.) The expression "petty sessional court-house" shall, as respects England or Wales, mean a court-house or other place at which justices are accustomed to assemble for holding special or petty sessions, or which is for the time being appointed as a sub- stitute for such a court-house or place, and where the justices are accustomed to assemble for either special or petty sessions at more than one court-house or place in a petty sessional division, shall mean any such court-house or place. The expression shall also include any court-house or place at which the Lord Mayor of the city of London or any alderman of that city, or any metropolitan or borough police magistrate or other stipendiary magistrate is authorised by law to do alone any act authorised to be done by more than one justice of the peace. (14.) The expression " court of quarter sessions" shall mean the justices of any county, riding, parts, division or liberty of a county, or of any county of a city, or county of a town, in general or quarter sessions' assembled, and shall include the court of the recorder of a municipal borough having a separate court of quarter sessions. 14. Meaning of "rules of court."— In every Act passed after the commencement of this Act, unless the contrary intention appears, the expression "rules of court" when used in relation to any court shall mean rules made by the authority having for the time being power to make rules or orders regulating the practice 14. 52 & 58 Vict. c. 68, 8. 16. 527 ami procedure of such court, and as regards Scotland shall include App. acts of adjournal and acts of sederunt. The power of the said authority t< » make rules of court as above Sect. defined shall include a power to make rules of court for the purpose of any Act passed after the commencement of this Act, and directing or authorising anything to be done by roles of court. 15. Meaning of borough. — In this Act and in every Act passed after the commencement of this Act the following expres- sions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely: — (1.) The expression " municipal borough " shall mean, as respects England and Wales, any place for the time being subject to the Municipal Corporations Act, 1882 (4.3 & 4. or by the Survey (Ireland) Acts." 1825 to 1870, and the Acts amending the same respectively. 26. Meaning of service by post.— Where an Act passed after the commencement of this Act authorizes <>r requires any document to be served by post, whether the expression " serve," or the expression "give" or •■send," or any other expression is used, then, unless the contrary intention appears, the service shall he deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post. 27. Meaning of " committed for trial." In every Act passed after the commencement of this Act, the expression "committed for trial " used in relation to any person shall, unless the contrary intention appears, mean, as respects England and Wales, committed to prison with the view of being tried before a jtidge and jmy. w hether the person is committed in pursuance of section twenty-two 52 ,r 53 Vict. c. 63, s. 32. 531 or of section twenty-five of the [ndictable Offences Act, 1848(11 & App. 12 Yirt. c 12), or is committed by a court, judge, coroner, or other — authority Laving power to commit a person to any prison with a Sect, view t<» his trial, and shall include a person who is admitted to bail 27. upon a recognizance to appear and take his trial before a judge and jury. 28. Meanings of ''sheriff," "felony," and "misdemean- our" in future Scotch Acts. —In this Art and in every Act passed after the commencement of this Art, unless the contrary intention appears The expression "sheriff" shall, as respects Scotland, include a sheriff substitute : The expression " felony " shall, as respects Scotland, mean a high crime and offence : The expression "misdemeanour" shall, as respects Scotland, mean an offence. 29. Meaning of " county court" in future Irish Acts. — In every Act passed after the commencement of this Act, unless the contrary intention appears, the expression " county court " shall. as respects Ireland, mean a civil hill court within the meaning of the County Officers and Courts [reland) Act, L877 '-in & -II Vict. c. 56 . 30. References to the Crown. — In this Act and in every other Act, whether passed before or alter the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the < !rown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and this Act shall be landing on the Crown. 31. Construction of statutory rules, &c. — Where any Act, whether passed before ot after the commencement of this Act, confer- power to make, grant, or issue any instrument, that is to say, any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or bye-laws, expressions used in the instrument, if it is made after the commencement of this Act, shall, unless the contrary intention appears, have the same representative meanings as in the Act conferring the power. 32. Construction of provisions as to exercise of powers and duties. — (1.) Where an Act passed after the commencement of this Act confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires. (2.) Where an Act passed after the commencement of this Act confers a power or imposes a duty on the holder of an office, as such, then, unle.-s the contrary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the office. M M 2 532 The Interpretation Act, 1889. App. (3.) "Where an Act passed after the commencement of this Act ■ confers a power to make any rules, regulations or bye-laws, the Sect. p,,wer shall, imless the contrary intention appears, be construed as 32 - including a power exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, amend, or vary the rules, regulations, or bye-laws. 33. Provisions as to offences under two or more laws. — Where an act ot omission constitutes an offence under two or more Acts, or both under an Act and at common law, whether any such Act was passed before or after the commencement of this Act, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of those Acts or at common law, but shall not be liable to be punished twice for the same offence. 34. Measurement of distances. — In the measurement of any distance for the purposes of any Act passed after the commence- ment of this Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. 35. Citation of Acts.— (1.) In any Act, instrument, or docu- ment, an Act may be cited by reference to the short title, if any, of the Act, either with or without a reference to the chapter, or by refer- ence t<> tic regnal year in which the Act was passed, and where there are more statutes or sessions than one in the same regnal year, by reference to the statute or the session, as the case may require, and where there are more chapters than one, by reference to the chapter, and any enactment may be cited by reference to the section or sub-section of the Act in which the enactment is contained. (12.) Where any Act passed after the commencement ot tins Act contains such reference as aforesaid, the reference shall, unless the contrary intention appears, be read as referring, in the case of statutes included in any revised edition of the statutes purporting to he printed by authority, to that edition, and in the case of statutes not so included, and passed before the reign of King George the First, to the edition prepared under the direction of the Record Commission ; and in other cases to the copies of the statutes purporting to be printed by the Queen's Printer, or under the superintendence or authority of lie]- Majesty's Stationery Office. (3.) In any Act passed after the commencement ot this Act a. description or citation of a portion of another Act shall, unless the contrary intention appears, be construed as including the word, section," or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. 36. "Commencement." — (1.) In this Act. and in every Act passed either before or after tlie commencement of this Act. the 52 ,( 53 Vict, c. 63, s. 38. 538 Sect. 36. expression " commencement," when used with reference to an Act. App shall mean the time at which the A.ctcomes into operation. (2.) Where an Act passed after the commencement of this Act, or any Order in Council, order, warrant, scheme, letter- patent, rules, regulations, or bye-laws made, granted, or issued, under a power conferred by any such Act. i- expressed to come into operation on a particular day. the same shall be construed as coming into operation immediately on the expiration of the previous day. 37. Exercise of statutory powers between passing and commencement of Act.- Where an Act passed after the com- mencement of this Act is not to come into operation immediately on the passing thereof, and confers power to make any appoint- ment, to make. -rant, or issue any instrument, that is to say. any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or bye-laws, to give notice-, to prescribe form.-, or to do any other thing for the purposes of the Act. that power may. unless the contrary intention appeal.-, he exercised at any time after the passing of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation a* the date of the commencement thereof, subject to this restriction, that any instrument made under the power -hall not. unless the contrary intention appears in the Act. or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation. 38. Effect of repeal in future Acts. — (1/ Where tin- Art or any Act passed after the commencement of this Act repeals and re-enacts, with or without modification, any provisions of a former Act, reference.- in any other Act to the provisions so repealed, shall, unless the contrary intention appears, lie construed a- references to the provisions so re-enacted. (2.) Where this Act or any Act passed after the commencement of this Act repeal- any other enactment, then, unless the contrary intention appears, the repeal shall not {a.) Eevive anythingnot in force or existingat the time at which the repeal takes effect ; or (b.) Affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed ; or ((■.} Affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed; or ('/.) Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed ; or (<■-.) Affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; 584 The Interpretation Act, 1889. App. and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, Sect, or punishment may be imposed, as if the repealing Act had not 38. been passed. Supplenu iitiil. 39. Definition of "Act" in this Act. — In this Act the expression "Act" shall include a local and personal Act and a private Act. 40. Saving for past Acts. — The provisions of this Act respecting the construction of Acts passed after the commencement of this Act shall not affect the construction of any Act passed before the com- mencement of this Act, although it is continued or amended by an Act passed after such commencement. 41. Repeal. — The Acts described in the Schedule to this Act are hereby repealed to the extent appearing in the third column of the Schedule. 42. Commencement of Act. — This Act shall come into opera- tion on the hist day of January, one thousand eight hundred and ninety. 43. Short title. — This Act may be cited as the Interpretation Act, 1889. 52 large, the name of one plaintiff only may be inserted in the body of the .summons, and in such case the The Employers and Workmen Rules. '•'■'>> names of the other plaintiffs, together with their descriptions and App. addresses and the amounts of their respective claims, may be Indorsed on the summons or added in a schedule thereto annexed. 5. Defendant may object that a plaintiff's claim shall be heard separately. -The employer may. at the hearing of any such summons, object that the claim of anyplaintiff included in the summons ought to be separately heard and determined, cither on the ground that the amount claimed is disputed, as well as the liability, or as depending on special circumstances. The nam.' of any plaintiff, whose claim is so objected to, shall be struck out by order of the Court of Summary Jurisdiction. 6. Determination of first-named plaintiffs claim to deter- mine the others. -When the summon- comes on for hearing, the case of the plaintiff first named in the summons shall (unless the court otherwise directs be heard and determined, and the claim- of all the other plaintiffs whose name- shall have been included in the .summons, and not struck out as in Rule o provided, >hall abide the result of the case so determined. 7. Where summons dismissed. If the Court of Summary Jurisdiction dismisses the summons, no claim -hall afterwards be admitted at the instance of any workman whose name was included in the summons and was not struck out as in Rule 5 provided) in respect of the claim made thereby, unless he -hows to the satisfac- tion of the court that his name was included in the summons without hi- consent. 8. Where claimants succeed.— If the Court of Summary Juris- diction finds in favour of the plaintiff whose case i- tried, it shall make an order on all the claims of the plaintiffs included in the summon- (not struck out as in Fade ■', provided), and such order shall operate and take effect a> if the claim of each workman, whose name may have been so included as a plaintiff in the summons and not struck out, had been separately heard and deter- mined by the court, and an order had been made on each such claim. 9. New Trial. — The Court of Summary Jurisdiction by whom any action has been determined ex parte may, at the same or any subsequent court, set aside any judgmenl so given, and any process thereof, and may grant a new trial on such terms as the court may think fit. 10. Fees.— The fees to be paid by a person seeking the assistance of the Court of Summary Jiuisdiction shall be those contained in the schedule annexed hereto. 538 The Employers and Workmen Rules. App. 11. Costs. — The Court of Summary Jurisdiction may, in its discretion, allow any party, in respect of any expense he may have incurred in the employment of a solicitor, any sum not exceeding ten shillings where the sum claimed exceeds forty shillings, and not exceeding fifteen shillings where it exceeds five pounds. 12. Forms. — The forms in force under the Summary Jurisdiction Rules, 1886, so far as the same are applicable, together with the forms in the schedule hereto, and forms to the like effect, with such variations as circumstances may require, may he used in proceedings under this Act. 13. Annulment. — The Rules ami Forms under the Employers ami Workmen Act, 1875, heretofore in use are herehy annulled. (Signed) HERSCHELL, C. The Kith July, 1886. SCHEDULE. Order Rescinding Contract. In the [county of . Petty sessional division of ]. Between A. 11. Plaintiff, and ('. T). Defendant. Before the Court of Summary Jurisdiction sitting at It is adjudged that the [<»■ this] contract [or instrument of apprenticeship] made between the plaintiff and defendant [on the dav of ,18 ] be rescinded, and that the plaintiff [or defendant] do pay to . the sum of pounds, being the whole [or a' part] for wages [or damages, or in respect of the premium paid on such instrument of apprenticeship]. Dated the day of , one thousand eight hundred and ./. /'.. (L.S.) .Justice of the Peace for the [county] aforesaid. Schedule. : ' :}, • , 2. a pp- Oedee fob Performance of Contract. Sched. la the [county of . Petty sessional division oj ]. Between^. /:. Plaintiff, and C I). [and A'. /•'.] Defendant. Before the Court of Summary Jurisdiction at It is ordered that the defendant \C. />.} do perform his contract [of apprenticeship] with the plaintiff , that is to 3ay [setting outthe particulars if necessary']. [And that he [or the defendant E. /■'.] do pay to the plaintiff the sum of for damages]. And the defendant, the said E. /'. [or C. D.], being willmg to give security for the performance of such contract, the court hereby accepts his security in pounds, with suret in pounds [each] for the performance of such contract as aforesaid [in place of the payment of [£ part of] such damages]. Dated the day of . one thousand eight hundred and J. P., (L- s Justice of the Peace for the [county] aforesaid. 3. Undertaking by Defendant to Perform Contract. En the [county of . Petty sessional division oj ]. Between A. B. Plaintiff, and (7. /;. Defendant. Whereas it having been found by the Court of Summary Juris- diction, sitting at , on the ' dayof . that the defendant had broken the contract for the breach of which he was summoned, it is ordered that he should give security for the performance of his contract : Now. therefore, 1 the defendant, and we [or 1] his suret do undertake that the said defendant will perform thesaid contract. that is to say [setting out the particulars if necessary] : And we do hereby severally acknowledge ourselves hound to forfeit to the plaintiff the sum of pounds and shillings, in case the said defendant fails to perform what he has hereby undertaken to perform. (Signed where not taken orally) C. />.. Defendant. g; ' 1L J Sureties. Taken before me tins day of J. P., . (L.8.) Justice of the Peace for the [county] afor< said. 540 The Employers and Workmen Rules. App. FEES. Sched. s. <\. For entry of every plaint, including summons thereon . . 1 For order in writing on a plaint . . . . . For every undertaking given by way of security For judgment summons, including hearing . For warrant of distress or order of commitment . For summons to witness ....... 1 N.B. — Where the sum claimed exceeds 1/., or the sum in respec of the non-payment of which the summons for or order of com- mitment or warrant of distress issues exceeds 1/. an additional fee of Is. on each fee shall be taken. For mileage in serving or executing \ -u ii * & j j. P j, • • i ouch reasonable cost ae process, and tor costs ot conveying f _ , allowpH 1 to prison . . . . I ,i * . ii Ki. 1 •, i - 1 the court. r or affidavit and postage . . / INDEX Abatement of proceedings, 19 Abduction of women and girls, not triable at quarter Bessions, 358 costs in, 492 Abode, place of, what is. 5 service of summons at, under Bastardy Laws Amendment Act, 6 in filthy condition, informant, 50 Accessories, 25, 28, 37 mens rea of, 28 in larceny, triable summarily, 21 I to offences in admiral's jurisdiction, 305 Account of charges incurred in distraint, form, 252 book of, for fines and lees, form, 268, 269 Accused, statement of, 348 — 351 Actions against justices, 105 for acts within their jurisdiction, 105 for acts without jurisdiction, 411. 123 acts of, for which action may be maintained, 411 in excess of jurisdiction, 412 to be against convicting justice, not justice issuing warrant, 414 do not lie where act dune under rule of Queen's Bench, 415 do not lie on warrant issued under conviction or order affirmed on appeal, 420 may be set aside by judge, 420 limitation 422" notice of, 421 must state where art was done, 423 in county court, 421 local venue, 421 damages in, 423 costs in, 420 protection of persons acting in execution of statutory or other public duty, 121 Adjournment, for variances in summons, 2, 316 for variance in warrant, 21, 316, :;-Jl for variance in information, 43, 44 for presence of counsel or attorney, 52 before different justices, 60 on non-appearance of complainant or informant, 72 542 Index. Adjournment, power of justices as to, 88, 90 for how Jong summary), 89, lf>5, 156 by court of summary jurisdiction to petty sessions, 154, 155 by quarter sessions on appeal, 109, 176 extension of time by, where limitation, 59 recognizance of defendant on. 44. 72, 88 of hearing of judgment summons, 237 of appeal under Baines' Act, 449 on application of defendant for legal aid, 52 Sa " Ltemand." Admissibility of depositions, 336, 340 under Russell Gurney's Act, 343 Admission of defendant. 74 in indictable rases after caution, 348 Admiralty jurisdiction, 37, '297. 298, 299. 301, 304, 305 warrant for offences in. 297 extent of. 298 as affected by Territorial Waters Act. 300 where offences triable. 304. 305 jurisdiction of Central Criminal Court, 300 303 accessories to offences in. 305 meaning of. 523 Adult defined.' 142. 205 summary trial of. 141. 142 for what. 213 bow tried. &c, 142—144 no conditional discharge, 147 consenting to be dealt with summarily, no appeal, 14 Adulteration Act. limitation of time. 45 Affidavit of facts and grounds of decision by justice, 424 for rule to state case must be personally sworn by justice. 425 taking out of jurisdiction. 31 Affiliation orders within Summary Jurisdiction Acts. Is enforcement of, 127. See " Bastardy." Affirmation by witness. >s7. 335. 346 form of. 346 Aggrieved party in statement of case. 188, 189 body corporate, application of penalty to. 521 no complaint by, 80 Aiders and abettors. See "Accessories." Aldermen of London. 120, 153. 382, 526 additional powers of. under 3 ,^ l Vict, c 84, 42 Alderncy. backing warrants in. See ••Channel Islands." Amendment of conviction or order, on appeal, 176 of case stated. 445 of justices' orders. &c, on appeal under Baines' Act, 450 Animals, stealing, right to jury. 150 killing domestic, right to jury, 150 ••Any two justices," meaning of, 32 Appeal to quarter sessions from court of summary jurisdiction, 151, 17 7. 178 /S2 Index. 543 Appeal to quarter sessions, none w here case stated, 1 17 against poor law removal order, ".."■ demolition, 1 s n only defcndanl may appeal, ISO to what sessions, 175, 178, 181, 187 procedure on, 1 "•"'. l 35 uniformity in, 1 77. 223 powers of court, 1 76 1 85 quashing com iction, 1 76 remitting case 185 h here com id ion affirmed, 107 adjournment of, 176 notice of, 181, 182, 183, 184 recognizance, 176, 183, 184, 198 depositof money in lien of recognizance, 184 finality of decisions, 1 s "> costs on, H)7, 110 to whom paid, 108 justices not personally liable for costs, 110 ciists in poor rate appeals, 109 certificate as to unpaid cists on, 261 power of court where no jurisdiction to hear*, 109 suspension of order appealed from, 407 under Baines' Act, notice to be in writing, 1 18 grounds of appeal to be stated, 418 defects in. and amendment of grounds of, 44'.' costs of, power of sessions as to, 450 amendment of orders, &c, on, 450 sessions may hear, after abortive reference, 155 by wrong party to quarter sessions, rusts, 150 in Metropolitan Police Courts, 152 by London County Council, 184 Appeal to High Court from justices by special case, 1 13 Sec " Statemenl of < !ase." from divisional eourl in special case, when. 44'i « none to courl of appeal in case stated on "criminal causi or matter," 180, 444 Appearance, '■'< and defence cures defects, 7, 11, 7:'> by counsel, &c, 7, 52, 61 need not be before summoning justice, 16 under Summary Jurisdiction (Process Act, 280 by unauthorised attorney, 61 rx -parte, •",, 7, 8, 9, 71 Apprehension, on Sunday, -"i 11 - illegal in certain cases, 308 Appellant may be released on appealing, 176 in Statement of Case Act, is party aggrieved, 126 recognizance of, in special case, 439, 411 Appendix, index to, 402 Application of penalties, 115, 118, 513 in excise matters, 'JO of sums forfeited in recognizance, 132 of penalties in boroughs under Public Health Act, 513 544 Index. Application of penalties, under Municipal Corporations Act, 1882, 513 Application of Summary Jurisdiction Act. 1848, 117, 118 of Summary Jurisdiction Acts, 222 of Summary Jurisdiction Act, 1879, to sums leviable by distress, under S. J. Act, 1818, 203 of Summary Jurisdiction Acts to future Acts, 208 to army offences, 209 Apprehension of offenders under 7 Geo. 4, c. 64, s. 28, compen- sation to persons_active in, 593 Apprentice, commitment of, 536 Arbitration under Baines' Act, in what class of cases, 454 statutes relating to, 456 where abortive, sessions may be ordered to hear appeal, 455 costs of, 455 Army Act, service of summons, 6 right to claim trial by jury, 149 search warrant may issue under, 309 Army offences, application of Summary Jurisdiction Acts to, 209 Arrest on illegal process, 73 of fugitive criminal, 305 on Sunday, 308, 322 generally and without warrant, 322 in one county, for offence in another, examination may be in first, 365 by private individual, 322 by justice, 322 by constable, 322 under Larceny Act, 322 under Malicious Injuries Act, 323 under Coinage Act, 323 Arrestment (Scotch) warrant, 2S5 Assault on constable executing unbacked warrant, 23 on constable differs from common, 10 who to inform, 40, 49 jurisdiction in common, 41 jurisdiction to convict fur ousted, where title to land in question, 67 compromising, 41 conviction for, bar to subsequent proceedings, 7!' to indictment on same facts, 84, 85 certificate in, 80 no right to trial by jury tor, 148 limitation of time in, 15 cumulative punishment for, 151 on count} 7 court officers, 15 husband and wife, when competent in, 75 with intent to commit felony, bail in, 367 in other assaults, bail, 368 case stated in. I 12 costs in, with intent to commit felony, 490 on constables, 151, 490 Index. 545 Assault, joint, may be heard against two or more persons separately summoned for assault on Bame person, 29 court no power to c»n vicl unless party aggrieved, or some one on his behalf complains, 10, 50 aggravated, 1">1 with intent to commit felony, costs of prosecution, 196 by servant in course of employment, 80 justices may comuiil for trial, though no complaint of party aggrieved, 80 Assizes, Lndictnienl tried a1 when found at quarter sessions, 359 committed to, 576 : and see "Assizes Relief Act." committal to, of adjoining county, 4'.<1 meaning of, 525 includes Central Criminal Court, 525 Assizes Belief Act, 1889, 358, 377, 187 Attempts to commit offences summarily triable, 214 Attorney, appearance by, 7, 52, 75, 348, 356 appearance by unauthorised attorney, 61 cross-examination by, 61, 348, 356 to be duly qualified, 61 when compellable to disclose professional matter-. 13 clerk to guardians may act as, 61 interested justice, 65 Attorney-General, consent of, when necessary to prosecution, ' 319 application by, for special case, 4 11 regulations by the, in respect of public prosecutions, 485 to control Public Prosei utor, 186 Auditor, recovery of payments by disirict, 225, 226 Authentication of documents, Merchant Shipping Act, 342 .4 wtrefois acquit, 81, 86 Autrefois convict, 86, 1 55 Backing warrants, 20, 23. 120, 121, 324 distress warrant, 95 form of, 255 under Process Act, 1881, 2S5 execution of unbacked warrant, 2 ■ for indictable offences, 32 l procedure on, in committal for trial, 367 form of, 387 under Indictable Offences Amendment Act, 400 what backed warrant authorises, 100 who to back in Scotland. Ireland, and Channel Islands, 400 Bail of defendant on complainant's, &c, non-appearance, 72 of person arrested without warrant, L93, 197, 198, 225 order to bring up person foi on remand in indictable cases, 362 power to justice as to, 367, 370, 372 when sureties maj be dispensed with, 370 duty of justices a.s to, :;7" S.J. A. » - N ' 546 Index. Hail, writ of deliverance on, 373 contract to indemnify, 373 form of recognizance of, 393 no appeal to court of appeal from refusal to, 444 in concealment of birth, 368 of solicitor of accused person, 371 common law right to, on charges of misdemeanor, 372 by judges, 371 under Probation of First Offenders" Act, 514 refusal to admit to, 444 Bail Act, 1898, 370 Haines' Act, 448 statutes referred to in, or material to, 456 Sec also " Quarter Sessions ; " "Appeal ; " " Costs ; " " Certiorari ;" " Recognizance." Bakehouses, limitation. 45 Ballot Act, City of London, convictions under, 120 Bankruptcy, of justice disqualifies, 'i7, 293 offences. Sen "Debtors Act, 1869." Bastardy, service of summons in, 6 sum payable under order not civil debt, IS second application in, 81 Summary Jurisdiction Acts how far applicable to, 120, 121, 211 appeals, 184, 448 under Summary Jurisdiction (Process) Act, 1881, 283 commencement of Acts, 44 appeal in order of, 178, 184 enforcement of order pending statement of case, 407 no power to state case in, without going to sessions, 453 no reference to arbitration in. 454 dismissal of summons, complainant not liable for costs, 94 Bastardy Laws Amendment Act, service of summons under, b' Bedding not distrainable, 156 Berks, chief magistrate at Bow Street, magistrate for, 382 fJerwick-on-Tweed, 122 Betting, using place for. information for, 4 right to trial by jury for, 150 conviction under, 3 Betting House Act. search warrant may issue under. 308 Bigamy, jurisdiction in, 296 not triable at quarter sessions, 358 Binding over witnesses and prosecutor, 356 Birth, concealment of, not triable at quarter sessions, 358 bail in, 368 Births Registration Art, limitation of, 318 Blasphemy, limitation in, 31S not triable at quarter sessions, 358 Hoard of guardians, meaning of, 527 as respects Ireland, 528 Board of Trade, live-law under, 11 meaning of 524 Index. 547 Bond fides of claim of right, 68 Borough defined, 206, 527 in sectiou 4 of Summary Jurisdiction Act, l s 4^, 115, 117 execution of warrant, 20 unbacked warrants in, 22 distance from, for executing unbacked warrant, measure- ment, 22 petty sessions in, 35 qualification Of justices, :'. 1 powers of justices in, 34, 35 not to act for quarter sessions of county, ; ;i power of justices residing in adjoining, 30, 310 or comity, 30, 310. county constable when to act in, 311. powers ot county justices in, 33 jurisdiction of borough justices in unions, 35 bail by constable of, 193, 198, 225 stipendiaries in, are petty sessional courts, 154 recorder, 35 Cinque Ports, 35 treasurer of, payment of fines, &c, to, 115, 4>>4 certain, to be considered as adjoining counties when, 494 Parliamentary, meaning of, 527. application of penalties under Public Health Act in, 513 See also " Penalty ;" "Jurisdiction : " '" Warrant." with separate commission of peace, clerk to, 464 Borough justices, clerk to, 205, 164, 167 who may be appointed, 467, 468 not to be interested in any committal for trial, 468 Bouudary, offences on, of court of summary jurisdiction, 202 indictable offences on, 296 in customs, offences where doubtful, 304 J'.ow Street, chief magistrate of, a magistrate for Berks, 382 Bread Act, limitation, 45 Bread, adulterated, search warrant may issue, 308 Bribery not triable at quarter sessions, 358 British Islands, meaning of, 528 possession, 528 Brothels, prosecution of. procedure and costs, 171 Building, demolition of, is an " order" m Summary Jurisdiction Act, IMS. 15 in filthy condition, who to inform, 50 Bye-laws of local authorities; see " I. imitation," 59 Calendar month, calculation of; see ".Mouth," 59, 101, 516, 521, 522 Canal, offences, >Ve. . on, where tried, 202 Capacity to commit crime in children, 136, 137 Carriages, offences, <^e., on, 202, 469 keeping without licence, 125 N N 2 548 Index. Case arising under section 25 of Summary Jurisdiction Act, 1879, how heard, 162 or opinion of High Court in sureties of peace, 162 from quarter sessions in certiorari, 196, 453 appeal in such case from Divisional Court to Court of Appeal, 452 poor rates, 58 See "Statement of Case." Caution to accused and procedure thereon, 348, 351 Central Criminal Court, jurisdiction of Admiralty offences, 300, 303 jurisdiction generally, 361, 362 removal of trial to, no appeal from refusal, 444 payment of witnesses at, 149, 498 for defence, 498 in Interpretation Act, 525 Certificate of non-appearance, 21 indorsed on recognizance is evidence, 21 of dismissal of information, 79 form of, 250 ministerial act to grant, 79 when a bar, 80 of costs of appeal remaining unpaid, li>7 to governor of gaol of recognizance completed, 19S of costs on summary trial of indictable offence, 260 of costs of appeal unpaid, 261 of discharge in civil debt proceedings, 26 I of true bill found by grand jury, 306 of non-appearance on remand, 363 of bail after commitment for trial, 369 form of, for non-appearance, 394 of consent to bail, 396 of refusal to state ease, 441 fee for, 455 of costs of prosecutions, 489 to be sent to clerk of peace, 195 of previous convictions of prisoners committed for trial, 144, 145, 146 Certiorari for improper service of summons, 5 unnecessary in case from quarter sessions, 196 to quash recognizance after civil action, 163 to quash conviction for offence under Licensing Act, 49 in actions against justices, 421 not required for proceedings under Statement of Case Act, 446 in case stated by quarter sessions under Haines" Act, rule for, must state objections, 150 amendment of order or judgment on, 450 decisions of sessions not reviewable by, 452 none in cases stated liv sessions, 453 not affected by Assizes Relief Act, 488 no costs to successful applicant, 454 ( liaiii-ery Division may appoint guardians of child, 1 II Channel Islands, backing warrants in, 28, 121, 328, 494, 528 Index. 5 19 Channel Islands, [rish warrants in, 330 11 .v 12 Vict. c. 42. does not extend to, 383 backing of Scotch and Irish warrants in, 399 backing of channel Islands warrants in Scotland and Ireland, 399 who to ha.-k such warrants, 399 Charges, trifling, discharge in, ll»l may be preferred at hearing although not included in warrant, 3 Child denned, 134, -J"."' evidence of, not on oath. 347 capacity to commit crime, 136, 137 summary trial, 133, 134 lor what offences, 133 fine nf, 133 depositions on trial of, 133. 134, 135 guardian of, 134 restriction mi summary sentence, 14b' parent's presence, 148 remand of, for that pnrpose, 134 industrial school for, 134, 140 may he committed to care of relation, 137, 140 forms, '1'i'J. — 278 reformatory . 139 whipping. 138, 139 living witli prostitutes, 140, 276 maintenance of, continuing offence, 58 Children, Prevention of Cruelty t". Act, 1S94, information, 17, 49 taking deposition under, 34b' search warrant may issue under, i 08 Dangerous Performances Act, prosecution under, 50 Chimney-sweep, trial by jury, lf>0 Christmas Day, term of imprisonment expiring on, 517 Church rates, 53 action against justices in relation to, 408 Cinque Ports, provisions as to, 35 Citation of Acts, 532 Civil and criminal proceedings, distinction, 56, 76, 441 in cases stated by justices, 1 12 in appeal from Divisional Court, 44". Civil proceedings, criminal charges arising out of, 375 Civil debt, no warrant to issue on complaint, 18 bastardy orders not included, 18 sums recoverable by summary order to be recoverable as, 127 penalties under Railway Act, 1-, refusal tn pay under order where proof of means, 191 proceedings apply to sums under Summary Jurisdiction Act, enforceable without information, 203 procedure for enforcing payment of, 127, 190 sums under securities are. 159 particulars of claim, 237 forms applicable to, 261 266 index to forms applicable to, 230 550 Index. Civil debt, rules as to. See " Index to Rules of 1886," 227 costs on dismissal recoverable as, 94, 106 costs of appeal recoverable as, 186 under .Merchant Shipping Act, 192 Civil proceedings bar to summons for wages, 4 in appeal from Divisional Court on case stated, 114 Claim to trial by jury. 148. 150 in case of child parent or guardian to be present, 148 Claim of right, 67, 70 bona fides of question for justices, 68, 69 vagueness. 67 of right to presence in court of justice, 6S instances of, 68, 70 jus tertii not to be set up, 63 where justices have refused to hear case because of, rule under section 5 of Jervis' Act proper remedy, 416 Clerk to guardians may act as attorney, 61 when to inform. 45, 51 Clerk of indictments, certificate of, 306 transmission of depositions to, 365 Clerk to justices, recovery of fees, 114 liability for fees to. 114 in metropolitan police district, 114, 205 salaried clerk to act. 204 to make complaint for recovery of sums under securities, 159 may take recognizance, 198 to receive sums from gaoler and constable, 115 to keep accounts. 116 to pay sums to treasurer of county, &c, 115 to render monthly accounts to justices, 116 manda/inus to, to lodge convictions, 115 rule as to entry of receipts by, 23 1 not to swear affidavit in review of justice's decisions, 425 fees in special case, 439 schedule of fees for drawing. &C, rase, 447 payment by salary in lieu of fees, 461, 462, 468 to account for fees. 460 quarterly, 467 salary to be remuneration for all business, 460 when fees of, may be remitted by justices, 461 copies of depositions accepted, 4t>2, 495 qualifications required in, 465 fees of, adjusted by Secretary of State, &c. ; 113, 166 clerk to borough justices. See "Borough." duties of. miller Public Prosecutions Regulations, 485, 487 Clerk of peace, payment of fees to, 113 declaration before, 196 can be a justice, 292 duties under Baiues' Act. 156 fines to he certified to, when. 456 to make oath as to tines. 458 payment by salary, 459 Coal Mines Regulation Act. manager's liability for cruelty, 28 Index. 561 Coinage Act, jurisdiction in offences against, 296, 304 search warrant may issue, 308 arrest under, 323 Colonial definitions in future Acts, 628 Colonial governor, offences by, 298 Commencement of Summary Jurisdiction Art, 1879, 123 of Bastardy Acts, 1 1 of statutes generally, 532 of proceedings under certain statutes, 15 of rules of 1S87, '!'■'>'■'> of prosecution, what is. 318 of prosecutions, where time is limited, 31 3 Commission ol peace, counties, 288 boroughs, 293 Commissioner, ileclaraton before, 196 Commissioners of Sewers, property of, -ji of Woods, meaning of, 524 of Works, ;V24 Charity, 524 Ecclesiastical, ">"24 Committal lor trial, where person claims jury, 148 in admiralty offences, 299 of person after true lull found, 307 questions for justices prior to, 353 for trial, to what court, 356 to county where offence is committed, where examination was in county of apprehension, 365 where evidence insufficient in one county, 365 bail after, 367 to assizes for adjoining county, upon what evidence, 366 duties of justices as to, -'!7."> to what prisons and courts, 37". for adjoining counties, 376 provisions of Prisons Act, 375 costs of conveying to gaol, 102, 579 depositions to he forwarded to clerk of peace as soon as practicable, 3b'0 meaning of, 375, 530 Commitment of witness refusing to answer, 3,-, 10, 333 of defendant pending adjournment lor variance, 21, 42 on general adjournment, 88 after distress warrant issued. 98 verbal, after arrest on warrant, 11 separate, for each instalment unpaid, 128 of o\ erseers lor detention of book,-,, .".o in first instance for non-payment of penalty, lO - .: warrant of, '.'4 bad, 96 execution of. 23 requisites of, 96, 105, 195 backing, 103 sealing, 103 one justice may issue, 99 objections to warr.ni*. 96 552 Index. Commitment, defect in, 195 where statute provides no remedy on return of mdla Loan, 100 proceedings on, in first instance, 101 for non-payment of money, 156 under Debtors Act, 1869, s. 5, 511 ruli' as to date of, 238 forms of, 243, 253— 255 Si g •• Index to Forms," 228 form of, ii: civil debt procedure, 263 of witness refusing to lie. bound over, 357, 091 indorsement on, of consent to bail, 368 form of, of person indicted, 386 of -witness for refusing to testify, 389 general, 397 Company, service on, 7 Compensation under Lands Clauses Act, 15 by railway limitation, 54 of innocent purchase of stolen goods, 167, 477 Competency of witness. Sec ""Witness." "Competent Magistrate," definition, 400 Complainant, conduct of case by, 60, 61 where no appearance, dismissal, 89 to have notice of arrest of defendant pending adjourn- ment, 72 liable for costs on dismissal, 106 deatli of, does not abate criminal proceedings, 19 Complaint, how made, 43, 46 for one matter only, 46, 47, 48 need not be in writing, 4 before one justice, 112 distinction between, and information, 3 objections to form of, - for what warrants may issue. 15, 16 on oath for warrant, 15, 16 no warrant for, for civil debts, IS not required when defendant before justices already, 163 who to make complaint, 49 hearing, 60, 73 dismissal of, 75, 89 adjournment, 72 money recoverable on, civil debt, 127 sums leviable by distress without complaint, civil debts, 203 applications of Summary Jurisdiction Act to, under future Acts, 208 by constable and clerk for recovery of money under securities, 159 descriptions of property in, 24, 25 form of, 233 form for civil debts. 261 in indictable cases for summons or warrant, 286 form of, in indictable cases. 384 recovery of costs on dismissal of. 204 Index. 558 Compromise of assault, 41 Concealment of birth not triable at quarter sessioi bail in, 368 Concurrent or consecutive sentences, 105, 1' 6 judgment of court of, jurisdiction, 82. Set "Estoppel." Conditional discharge of defendant, 147 Conditions in recognizance (indictable cases forms, 390 Condition precedent, 4-'!5 Confession of defendant, when admissible, 348 351 Consecutive imprisonments, 105 with fine, 106 Conspiracy, jurisdiction in, 297 not triable generally at quarter sessions, to charge felony, costs, 492 to commit felony, costs. 492 Conspiracy and Protection of Property Act, conviction under, 91 Constable to serve summons, 2 to attend and prove service, '2, 4, 71 warrant of arrest directed to, 19 execution of unbacked warrant by, 23 to execute distress, 95, 99 to send account of distress costs, 11"., 200 to make complaint for recovery of sums under secuiil 159 to pay sums received to clerk to justices, 115 costs of, for conveying to gaol, 107 assault on, varies from common assault, 10 of county neglecting duty, limitation. 15 of borough, bail by, 193 limitation in assault on borough, I." tluties of, in brothel prosecutions, 172 arrest of fugitive criminal by, 305 duty of, in execution of search warrants, 309 apprehending in one county may take before justice of adjoining, 310 for county when to net in borough, -"ill arrest by generally. '-V12 arrest under Municipal Corporations Act, 1882, 323 in backing warrants, .'5_!4 costs of in conveying to county for trial, 366 execution of warrants of commitment by, 376 costs of conveying to L r a"l on committal for trial, 378 form of order for costs of, 398 actions against, 410 table of fees of, 507 Consular officer, meaning of, 524 Contempl ol I !ourt, til Continuing offence, what is, 57. 58, 59, 419 instances of, 57, 58, 419 in vaccination cases, 57 penalty imposed for, 58 cruelty to children, 57 Contagious Diseases (Animals) Act, 31, 36 55 1 Index. Conveying prisoners to gaol, 102 Conviction, without previous information, 2 amendment ol, 176, 185 on view, 9 of aiders ami abettors, 25 form of, 74, 77, 90 informal, 79, 89 .sufficiency of authorised forms, 92 requisites ofj 91, 112, 226 must show justice's jurisdiction, 95 to follow words of .statute, 91 replacing informal, 79 to be lodged with clerk of peace, 74, 77, 84 of several, 29, 92, 103 of several, ail judging costs against each, 103 may he qualified at same sitting, 89 on plea of guilty by unauthorised attorney, 61 of assault, liar to proceedings, 79 defendant entitled to copy, 89 . under Conspiracy ami Protection of Property Act, 91 what amounts to, of assault, 79, 80 when bar to subsequent charge, 79 signing by justices. 113 corporations, recogniz mccs by, 441 not for a penalty, 103 default in payment under, imprisonment, 125, 157, 204 for penalty where no distress, 157 appeal from, 151, 175 requires two justices' signatures, 78, 112, 113 justices to sit together while convicting, 112 in occasional court house, 152 petty sessional court house, 34 summary in indictable cases, 164 proof of previous, 78, 145 meaning of, in brothel prosecutions, 171 forms, 77, 244 — 247 See " Index to Forms of 1886," 227 action against justices upon, 411 action to be against justice making, not one issuing warrant, 414 when affirmed on appeal no action on warrant, 420 may be enforced after argument of case, 446 appeals against summary, not affected by Bamcs' Act, s. 1, 448 may be quashed on non-appearance of respondent, 185 for penalties in regard to municipal elections in City of London, 120 Copies of depositions, defendant entitled to, 380, 381 Coroner, justice acting as, 37, 203 regulations as to, in relation to public prosecutions, 182, 486 Corporation common informer, 51 recognizance of. 132 Coi roboration required under Criminal Law Amendment Act, 317 hide Corrupt practices, justices disqualified for, 293 limitation uuder, 81 s at parliamentary and municipal elections not triable at quarter sessions, :'>-"> s ( osts to be specified in convictions or orders, 91, 93 power to award, 93 to be fixed by justices personally, 94 effect of section 18 of 11 & 12 Vict. c. 43, 93 what are allowed in summary matters, 94 on dismissal, 94, lOo', 204 how recovered from complaiuanl on dismissal, 94, 106 of distress under Elementary Education Act, '-'7 of order for payment of money enforceable as civil debt, 127 in case of small lines 129 payable on dismissal of trifling information, 1 17 of summary prosecution, 51 of indictable eases dealt with summarily, 17') certificate of, 171, 260 in brothel prosecutions, 171, 172 in newspaper libel, 1 7:i in excise matters, 210 on vaccination order, 94 under Small Tenements Recovery Act, 94 in sureties of peace, 162 of distress, 200 in actions for illegal execution by distress, 1 ( .C> of commitment, 99 where order not for payment of money, 10^ where conviction not for penalty, 103 of constable convoying to gaol, 107, 191, 379 of appeal, 107, 110, 186 certificate of, 10S taxation of, 109 general rules as to, 11" poor rate appeals, 109 of plaintiff in enforcing order, 238 form of distress warrant for, 251 account of, in distress form, 252 of conveyance to county for trial where examination was in another county, 366 of conveyance to gaol, 102, •'17'.' of conveyance when prisoner required to pay, 3/8 in action against justices, 120 of rule to justices in Queen's Bench, Ho, 120 on prohibition of action by judge, 120 on argument of special case, 44u on rule to state case. 1 12 justices not liable for, on statement of ease, 1 13 of enforcing recognizance hi respect of special case, I 16 under Haines' Act, OH appeal, 449, 150, 156 on adjournment of appeal, 1 I'- 1 of defence under Vexatious Indictments Acl on acquittal, after prosecutor has been bound over. 17 1 556 Index. Costs of prosecutions before magistrate, 489, et s q. scale of allowances, 499, 506 how paid, where no county rate, 491 in felony and misdemeanor, 489, 497 of defendant's witnesses on committal for trial, 498 scale of allowances, 499 remission of, 129 against the Crown, 443 Counsel, appearance, 7, 52, 61, 356 review of affidavits of justices on appeal to High Court though no appearance by, 125 on argument of special case, 443 Counselling offences, 26, 214 County defined, 206, 522 assault on officers, 45 jurisdiction in detached parts, 36, 312 property of, 24 treasurer, 115, 464, 491 jurisdiction of justices in adjoining, 310 constable's duty, 311, 411 justices for, at large, may act for it in adjoining cities, places, &c, 32, ^310, 311 meaning of, 522 meaning of, in Poor Law Amendment Act, 36 County rate, how certified costs paid where no, 491 for purpose of committal for trial, certain towns to be considered as adjoining, 494 meaning of, in past Acts, 522 County court, limitation in alternative proceedings, 57 declaration before registrar of, 196 actions in, against justices, 421 in future Irish Acts, meaning of, 531 Court of Appeal, meaning of, 525 in Ireland, 525 Court of assize, meaning of, 525 Court of quarter sessions, meaning of, 526 Court house to be appointed by justices, 152 Court of summary jurisdiction defined, 152, 154, 155, 177, 207, 224, 297, 526 final judgment of, conclusive between same parties on same matter, 82 in poor rate summonses. 53 what constitutes a, 60 when hearing indictable cases, 154, 224, 348 costs on committal for trial by, 489, et srq. contempt of, 61 Crimes triable summarily under Art of 1879, 133. 213 brothel keepers, 171 newspaper libel, 173 Criminal Evidence Act, 1898, 41, 75, 352, 475, 477—479 applies to all criminal proceedings, 11 competency of husband and wife, 75, 478 not to affect section IS of 11 & 12 Vict. c. 42, 353, 475, 478 Index. 557 Criminal Evidence Ac:t, person charged not to be called except on own application, 47 N may be cross-examined, I7 - - not to be asked if he has been previously convicted, & 478 exceptions, 478 to give evidence from witness-box, 478 unless ordered by court, 478 evidence of person charged, 179 right of reply. 179 calling of wife or husband in certain cases, 179 application of Act to Scotland, 47'.' provision as to previous Acts, 479 not to extend to Ireland, 479 schedule to Act, 480 when no other evidence called, prosecution may sum up and comment, 4S0, 481 when evidence involves imputations upon witness in case, 480 < 'riminal .Justice Administration Act, 1851, 459, 492 Criminal Law Amendment Act. 1867, 473, 497 statement of person dangerously ill under, 043, 47;" search warrant may issue under, 309 depositions under, 476 costs of witnesses for defendant, 497 Public Prosecutor, when not liable for costs under. 17 1 oath under, 4 74 declaration by dying person under, 476" Criminal Law Amendment Act, 1885, 318 right to trial by jury. 150 limitation under, 318, 319 oath not required, when, 347 offences under, not triable at quarter sessions, 359 search warrant under, how executed, 309 costs of misdemeanors under, 490, 492 corroboration required under, 347 keeping disorderly house. 171 unsworn statement of child not a deposition. 339 Criminal lunatics, jurisdiction in orders relating to, 32 Criminal Law Act, 1826, 468, 189 provisions to apply to all justice-,, 169 offences under. 169 Criminal matters, no appeal from Divisional Court in cases dealing with, 180, 4 l:; Criminal proceedings, no abatement on informant's death, 19 Criminal, distinction between, and civil, 56, 76, 444 fugitive, arrest of, 305 Criminating questions, witness may refuse to answer, 42 admissibility of answers to, on another matter, •■;."' 1 Crops, setting fire to, &c, not triable at quarter sessions, 358 Cross-examination by counsel or attorney (summary), Oi indictable 3 I s by accused, 338, 344 of accused. I, - 558 Index. Crown fines, 234 remission of, under Public Health Act, 1875, 118 Crown Office Rules, as to prisoners as witnesses, 334 as to bail, 37"2 as to hearing of argument of special case, 442 as to copies of special case, 446 as to mandamus to justices to state case, 446 as to copies for judge's use, 446 subpoena, 39, 40 Crown, costs against, in special case, 110, 444 references to, in statutes, 531 Cruelty to animals, limitation, 45 mens rea in, 28 transitory offence, 203 Cumulative sentences in assault, 151 Custody, legal, what is, 376 to detain a person in, warrant, 387 Custom, evidence of, in claim of right, 121 Customs offences, jurisdiction in, 3(5, 73, 295, 304 when boundaries doubtful, 304 application of Summary Jurisdiction Acts to, 210 limitation, 318 appeal in, not affected by Bailies' Act, 448. 4:13 ( 'ustos rotulorum, 290 Damages payable on dismissal of charge. 147 in actions against justices, 423 Death of justice no vacation of process, 15, 19, 297 of informer, or complainant, does not abate criminal proceedings, 19 of respondent in special case, 441 of deponent, deposition may lie read after, 335 I >ebtor, committal of, 191 treatment of while in prison, 515 payment by and discharge of, 238 cannot be imprisoned again for same debt, 192 Debtors Act, 1869, applies to summary proceedings, 99 applies to civil debt proceedings, 99 recovery of appeal costs, 100 evidence as to misdemeanors under, 355 offences under, triable at quarter sessions, 360 commitment under, in respect of small debts, "ill Decisions, review of justices', 124 of Superior Court on cases stated, when final. 442 of quarter sessions final. 452 Declaration, proof of service by, 2, 196, 281, 318 in what case, 196, 197 form of, 197, 259. 281 fee for taking. 239 of dying person, 345, 476 taking out. of jurisdiction, 31 statutory, in past and future Acts, inclining of, 529 Declining jurisdiction by justices, 419 Index. •"'."'• , I 1-, ofii nces relating to, not triable at quarter a • Defect in summons, &<•.. cured by appearance, 7, 11, 7 : < in grounds of appeal (Bain es' Act . 149 Defendant t<> tie told «>t" ri.^rli t to jury, 148 summons to, form, 233 warrant of arrest, :M"J to be asked if he has witnesses, 352, 474 depositions of witnesses of, how taken, 352, 474, 476 when entitled to copy, 380, 381 costs of, 497 notice t<>. of intention to take statement under Ens Gurney's Act, 3 I s , 17<> to be present at taking of statement, 477 expenses at Central Criminal Court, 498 Definitions, under Summary Jurisdiction Act of 1879, *20»i official in past and future Acts. 523 judicial in past and future Acts, "il'.'i Demand, limitation dates from, 55 Demolition of building within Summary Jurisdiction Act, IMS. 15 Depositions in case of summary trial of indictable offence, 135,16 D( positions, how taken, 336, 337, 360, 361 caption, 336 signature, 335, 336 when admissible evidence, 336, 340, 346 when read before grand jury, 339 before petty jury. 339 evidence on any subsequent charge, 340 under Merchant Shipping Act, 342 under Prevention of Cruelty t<> Children A( tn be read over to accused, of accused person's witnesses, :;."'_>. I, ! to be transmitted to court of trial, 357, -560, 475 copies, 380, 475 when defendant entitled to, '■>^ I K 381 form of, 389 tees of clerk as to fdpieS of, 495 to be sent to Public Prosecutor, when, 482 uuder Russell Gurney's Act, -ii'i taking on type-writer, 338 of 'lying person when not admissible, 345 tn be sent to court of trial, as soon as practicable after prisoner committed for trial, 360 exhibits to he delivered at same time, ; !''>1 il of money in lieu of recognizance, on appeal to quarter sessions, 184 in statement of case, 1 8 I, 441 Deputies, appointment of, 509 Destroying fences, right to jury, 150 vegetables, right to jury, 150 Discharge of accused conditional, 1 17 form ut, 249 on payment of penalties, 111 Discretion of justices, 10, 7b' 560 Index. Discretion of justices, as to issue of warrants, 18 as to issue of summonses, 2, 10, 3J8 as to hard labour, 124 as to issue of process in indictable cases, 317 as to committal for trial, 375 as to bail, 372 no action for proper exercise of, 414 Dismissal certificate, 74, 79, 250 order of, to lie transmitted to clerk of peace, 93, 165 of trifling charge, 146 same as acquittal by jury, 165 costs from complainant on, 106 form of order of, 249 form of order of dismissal with damages, 249 of information, or complaint, 72 costs on, recoverable as civil debts, 94 Disobeying summons, 15 Distance, how measured, 20, 532 Distraint, account of charges incurred in, to be sent to clerk of court. '200 Distress warrant issued by one justice, 95, 111, 156 discretion as to issue, 97, 98, 157 when to issue, 78, 94 when issued without previous summons, 18 damages for illegal execution of, 200 procedure on execution, 97, 199 formal order need not be drawn up before issue, 78 postponement of execution, 156 when not sufficient distress in jurisdiction, 93 execution in Scotland, 279 commitment of defendant after issue, 98 release of defendant after issue, 98 committal to prison, 98, 102 commitment forms, 253 copy order to be served before execution, 90 on payment of costs of, discharge, 111 under Elementary Education Act, 97 sums levied under, to be paid to clerk, 115 where no remedy provided in default, 100 where no g Is. 156 form of indors sment, 252 account of charges on, 252 where committal directed in default, 101 11 c'm 12 Vict. c. 43, applies where no, 100 warrant of, not to be void for defects, 195 forms of, 250—254 And see " Index to Forms," 228 under Merchant Shipping Act, 201 form of, '_'o."> irregularity in is>ue, no action for, 415 Distress for Elates A.ct, is lit. service of summons under, 6 District auditor, recovery of sums by, 225, 226 1 listricl rates are civil debts, 191 Divisional Court, appeal from, in cases stated by justices, Ml Index. 561 Divisions of prisoners, 51 5 Documents, production of, justice no power to compel, 40 signature to, by rubber stamp, 1 1 Dogs, inland revenue offences relating to, 210 stealing, right to jury, 150 keeping without licence, 12.") Duplicity in informations, &c, 48 : and see "Variance." Dying declaration, when received in evidence, 345 deposition, 345, 475 Education department, meaning of, 524 in Sen! land, .".'J I Ej ii sih in generis, words, 15 Election to go to trial, 148 Elections, definitions relating thereto, 528 Elementary Education Act, costs of distress, 97 child may be sent to industrial school under, 1 10 case stated under, 4 13 forms under, 275, 278 Embezzlements by overseers of poor, 24 trial by jury in, 150 when triable summarily, 213 Employers and Workmen Act, 1S75, service of person under, t> rules of 18Srj, under, 536 forms of 1886, under. 538 fees under rules of lSSti, 537, 540 six months' limit, under S. J. Act, 1848, does not apply, 45 Enforcement of recognizances. 131 : and see " Recognizance. England, Irish warrant may lie hacked in, 327 Scotch warrant in, 331 English process, service of in Scotland, 279 warrants hacked in Ireland, 32b - ship, what is, 299, 302 Estoppel, rule of law in, 4. 14, 185 summons for wages by servant after action, 14 ex parte order for destruction of meat whether an, on subsequent summons, 8 cases of waiver are cases of, 13 in assault cases, 81 alter illegal arrest, 81 judgments of courts of concurrent jurisdiction, be., 82 Estreat of recognizance, 21, 72, 88 Evidence Amendment Act, 1.^77, 12 Evidence of parties, 39 full note to he taken under S. .1. (Married Women) Act, 1-'.'."., 88 of husband and wife, 41, 17^. 179 ot accused parties. See Criminal Evidence Act, 177. Examination of witnesses summarily, 37, 74 in indictable cases, 335 Exceptions, &c, by whom to he proved, 195 negativing, !'.' S.J. A. O 562 Index. Excise matters, jurisdiction, 36 informer in, 50 mitigation of penalties, 210 appeal is not affected by Haines* Act, 448, 453. 454 application of penalties, 210 costs as to, 210 Exhibits to be sent with depositions to court for trial, 361 Exparte proceedings on non-appearance, 3, 7 — 9, 71 what sufficient proof of service in, 7, 8 without previous summons, 8 for seizure of intoxicants, 8 destruction of meat, 8 orders legally made require no summons, 2 after disobedience to previous summons. It? rule as to, 9 Expenses before magistrates, 495. 506 of prosecutions, 489, et acq. railway fare, 506 Explosives Act, right to trial by jury for offences under, 150 jurisdiction, 296 search warrant may issue, 308 Extradition Act, 294 Fact, questions of, rule to justices. 419 what is adjudication on, 419 statement of case on, 426, 427 Factory Acts, interest of justices, 66 limitation, 45 service of summons, &c, under, 7 False Personation Act, offences not triable at quarter sessions. 359 False pretences, restitution of property, 167, 168 bail in, 367 costs in, 491 Summary Jurisdiction, as to, 218 Falsification of Accounts Act, costs, 497 Fees, remission of, 129, 234, 461 of justices' clerks, 113, 114 ; ami ace " Clerk to Justices," schedule of, for drawing case, 447 clerk of justices to account for, 460 adjusted by Secretary of State, 113 recovery of, 1 1 4 who liable for, 114 Felony, indictment for, after conviction of misdemeanor for same facts, S4, 86 what not triable at quarter sessions, 35S attempt to commit, costs in, 490 cost in any, 495 duty of justices on charges of, under Criminal Law Act, 1826, 468 in future Scotch Acts, meaning of, 531 Fence destroying, right to jury, 150 Fence stealing, 150 Financial year, meaning of, 529 Index. 568 Fine, defined, 206 part payment at prison, 12o, 239, 516 instead of imprisonment, 124 mitigation of, 209 restriction on, in case of children, 133 proceeds of forfeiture disposed 1 in assault unwilling to prosecute, 40 where the penalty is for protection of private interests, 51 a competent witness, 87 death of, no abatement, 19 non-appearance of, information, &c, dismissed, 72 notice to, of defendant's apprehension, 72 payment of costs by, 106 when local authority an, application of penalties under Public Health Act. 513 information Summary . distinction between, and complaint, 3 under Summary Jurisdiction Acts, 1, 112 before one justice, ] before any two justices, 32 certificate of dismissal of, 7'.' foundation for justice's authority, 4 how to be laid. J''. whether in writing, 4. 11, 44 on oatli for warrant, 16 objections to for f. 2 descriptions of property in, 2 1. 25 variance. 4:). 1 1 contents, 16, 17 i. in- offence only. 47. 48 for several acts constituting one offence, '. - joint and several convictions, '.'2 for joint and several offences, 29 who to lay, .".0, 210 to he in specific! tine. 52 negativing exceptions in. 19, 50, 75 against principals and accessories, 47 hearing of, :>'.', 00, 73 dismissal of, on non-appearanre. 7 1. 89 dismissal in trifling charges, 147 costs on dismissal, 106, 204 sums leviable by distress without, an- civil debts, 203, 201 form of. 2:;:'. 568 Index. Information Summary), admission by defendant of truth of, 74 two informations for two offences, justices must dispose of one before proceeding on second, 49 under Public Health Act, 49, 50 under Prevention of Cruelty to Children Act, 47 under Sunday Observance Act, 50 where justices equally divided on, 87 Information l Indictable) against governor of colony, 298 on oath for warrant, 313 not on oath where for summons, 313 defects in, 313 when to be in writing, 313, 314 issue of process on, 314 form of, 384 justice not bound to grant copy, 315 Informer, death of, does not abate criminal proceedings, 19 prosecuting, 61 Inland revenue offences, 121. 210 not affected by Baines' Act, 448. 453 penalties as to dogs, 210 Innocent purchaser of stolen goods, 167. 477 Inspector of police present during whipping, 133, 138 Instalments, payment by, 128 default, 128 separate committal for cadi non-payment, 128 reduction of imprisonment where penalty partially paid by, 157 rule of 1887 as to, 234 Interested justices, general principles, 61, 62 bias to be real and substantial, 93 waiver of interest, 62 statutory disqualification, 36, 66 may act under statute though, 66 instances of, 65, 66 justice as ratepayer, 35, 63, 64 in removal of nuisance, 64 Interpretation Act, 18S9, 521 Ireland, English warrants backed in, 326 Scotch in, 331 Baines' Act docs not extend to, 456 meaning of Lord- Lieutenant, 524 meaning of Chief Secretary, 524 Criminal Evidence Act, 1898, not to extend to, 179 Irish warrants, 326 who to back. :;-_'7 in Channel Islands, 329 in Scotland, 330 Irish Valuation Acts, meaning of, 530 Irregularity, waiver of, li one justice present dining hearing, 13 cured by defence, 7, 72 in matter essential to jurisdiction, 13 in issue of distress warrant, no action for, L15 Index. 569 Jersey, warrants in, 23, 121, 328, WO Joint and several uflences, separate penalties on eash defen- dant, 29 assaidt, when each defendant tried separately, 29 information against several, penalty single, 29 conviction, power of Divisional Courl in respect of, on ease stated, 44:"> Joint stock company, service on, 6 Judge of High Court, powers of, as to prisoners as witnesses, 39 bail in treason by, -"170 may prohibit action against justice, 420 powers of iii chambers, as to cases stated, 445 Judgment, form of, for civil debts, 262 necessary, in brothel prosecutions to entitle informants to reward, 172 Judgment summons, rule as to, 237 form, 262 Judicature Act, rule under, as special ease under Act of 1879, 187 appeal in criminal matters under, 443 Judicial duties of justices, 295, 372 actions in respect of, 406 Judicial Acts, 60, 61 definitions in past and future Acts, ;V2o Jurisdiction (summary), information, &c, for act injustices, 1 implied summary, 3, 31 summary, depends on statute, •"> within area of commission only, -30, 31 of justices generally, 31 — 34 in petty sessions, 3f>. 293 of borough justices, 34 under commission, 293 in boroughs, 34, 3;"> of justices in unions, 12, 14, 35 of justices living in adjoining county, 30 of justice for county at large, 32, 311 in metropolitan police district, o06 of justices commissioned for two counties. 34 in certain liberties and places, exclusive, 37 in offences dealt with where offender in custody. 31 under sections 6 and 35 of 11 & 12 Vict, c. 43, 30, 33 service of summons, in what, 5, 6 summons issued in one may lie issued by police in another, 197 priority in, 37 judgment by court of concurrent, 82 waiver of matter essential to, 13 ; and see " Estoppel." in assault, where parties do not submit to justice, 41 local jurisdiction of court of summary jurisdiction, 201, 202, 203 suspended in case of sheriff, coroner, bankruptcy, 37 statutory provisions as to, 36 Jurisdiction under Indictable Offences Act, 1848, complaint for offences within, 286 570 Index. Jurisdiction under Indictable Offences Act, 18-18, of admiralty, 297, 30:J "of the admiral," 302 defined, 301, 302 of justice for county acting while in adjoining, 311 of borough, 310 of county justices in cities and places, counties of them- selves, 310. 311 to examine defendant in county where taken for offence committed in another, 3b'5 Jurisdiction of justices, in relation to actions against them, 406 informal exercise, of, 408 without jurisdiction, 413 " excess of," meaning. 413 declining, by justices, 419 statement of case where justices have, declined, 429 of county justices in quarter sessions, 288 ; and see "Actions against Justices." Jury, petty, trial by, when, 148, 149, 150 when depositions are read before, 339 right to claim trial by, 149, 150 Jus tertii, not to be set up in claim of right, 68 Justice of the peace, jurisdiction of, generally, 2, 30 acting for one county or place while living in another, 30 for county acting in borough, 34 commission of, see "Commission;" only to act within area of commission, 31 '■ any two justices," meaning of, 32 acts of unqualified, not void, 292 qualification of, fur county, 31 tor borough. •"• l interested justices, 36, 61, 62, 63, 64, 66 commissioned for two adjoining counties, 34 meaning of, under Summary Jurisdiction (Process) Act, 284 what proceedings before one justice only, 112 action against for non-return of conviction. 84 discretion (q. v.) as to issue of process, lo, 7»>. 317, 318 discretion generally, 7<> arrest by, 322 duty of, in committing for trial, 354 actions against. See "Actions." review of decisions of. -124 must personally swear affidavit, 12."' defined in Statement of Case Act, 446 clerk to. See "Clerk to justices," " Borough." amendment of orders by, 150 bankruptcy of, disqualifies, 37. 298 acting as ci.inner, 37, 293 duty of, on charges of felony, 468 penalty on, 169 Il„h Justice of the peace, procedure before, " death of, 15, 19 may vacate hi> own warrant before its execution, 19 no longer entitled to plead the general issue, 40.". a< ' ons against, 105 no local venue in action against, 121 penalty on under Criminal Law Act, 469 mandamus to, to receive evidence under Metropolis Management Act, 1862, 119 t'-i of adjudication by, 419 equally divided on hearing of information, 87 signature of, 1 L2, 240 .solicitor, ceased to practise, acting as, 292 See "Jurisdiction." Justice, protection ofpersons acting in execution of statutory or other public duty, 121 Justices' < llerks Act, 1877, 4(51 recovery of Ices. 114 Justices' Protection Act, the, 40.". ; and see "Actions against Justices." Juvenile offenders, summary trial, 138, 139 whipping, 138, 139, '141 fine on, 138 industrial school and reformatory, 139, 140 Killing domestic animals, right to jury, on charge of, lf>0 Land, meaning of, 522 Lands Clauses Act. compensation under. 15 limitation in proceedings under, f>4 questions of title under, 71 definition of, 530 Larceny Act, jurisdiction, 36, 296 informer, 50 when offences triable summarily, 213, 21 1 in admiralty jurisdiction, 299 certain offences under, not triable at quarter sessions, 358 accessories in, 21 I search warrant may issue under. 308 arrest under, 308, 322 Last place of abode, meaning of, 5 Legal aid, adjournment for, 52 Lew of Fines Act, the, 1822, 156 Liability of master for acts of servant, 27 Libel, when sureties may be demanded in, 163, I in newspapers, costs, 173 committal for trial, duties of justices in. 355 seditious, 355 summarily triable, 355 not triable at quarter sessions, Liberties of counties, jurisdiction, 36, -'ill 572 Index. Licence, keeping dog without, second offence, 25 selling beer without, 179 keeping carriage without, 125 Licensed victualler allowing gaming on premises by means of servant, 27 Licensing Act, 1872, seizure of intoxicants, 8 interest of justice disqualifies under, 66 search warrant may issue, 308 permitting drunkenness, conviction for, 28 certiorari to quash conviction for offence under, 49 Licensing meeting of justices not a court of summary jurisdic- tion within the meaning of S. J. Acts, 223 in stating case may make police superintendent respon- dent, 439 Limitation of summary proceedings, general rule, 52, 59 for conviction, 59 time, how calculated, 59 statutory exceptions, 45, 55 poor law auditors' proceedings, 53 removal orders, 53 continuing offences, 57 under Public Health Act. recovery of costs, 57 under Waterworks Clauses Act, 54 Limitation of prosecutions on indictment, 318 in actions against constables, 411 in actions against justices, 422, 507 Linen unlawfully pawned, search warrant may issue, 308 Local board, limitation, 55 Local rate, definition of, 206 J. in- us penitentice, 89 London County Council, exemption as to recognizance in appeal, 184, 441 London Building Act, service under, 6 Lord Chancellor to make rules for summary jurisdiction, 173 appointment of justices by, 290 meaning of, 523 in Ireland, 523 Lord Mayor of London, powers of, 120, 153, 526 proceedings before, 314, 382 Lotteries (suppression of), right to trial by jury, 150 Lunacy Acts, Summary Jurisdiction Act not to apply to, 120 Lunatic, keeping unlicensed house for, 28 jurisdiction in making orders as to criminal, 32 appeals as to pauper not affected by Baines' Act, 448 Magistrate, competent, definition, 400 Maintenance of pauper, 120 Maintenance, order of, complaint lor recovery of money, 281 Malice to be alleged in action against justice tor matter within Ids jurisdiction, 106 Malicious injury to property, claim of right, 68, 69 jurisdiction in admiralty, 305 search warrant may issue, 308 Index. 578 Malicious injury to property, arrest under, 323 to woods, &c, 219 Man, Isle of, backing warrants in, 121, 528 Mandamus to enforce conviction, 98, 416 to compel levy of costs on appeal, 105 tn clerk to lodge convictions, 115 to issue process, 314, 315 as t<> conduct of case before justices, 353 concurrent remedy with rule to justices, 117 on declining jurisdiction, 419 costs on, 420 rule to justices to state case, 442 procedure to obtain rule, 145 where proceedings vexatious, 307 to receive evidence under Metropolis .Management Act, 419 where case more convenient remedy, mandamus refused, 130 Manslaughter, jurisdiction in, 295, 305 not triable summarily, 133 .Marines, application of Summary Jurisdiction Act to, 2l 9 Market overt, lrjti, 1 »">7 Marriage, offences relating to, not triable at quarter sessions, 358 Married Women Act, 1*95, 1S8, 212 orders under, 212 recognizance of, 364 .Married woman, imprisonment of, 192 Master and servant, 27 Meat, order tor destruction of, 8 .1/. ,,s rea, 27, 28 of master, 27 none where honest claim of right, 70 Merchant Shipping Act, right to trial by jury, 150 jurisdiction in offences under, 303 depositions, 342 authentication of documents, 342 sums under recoverable as civil debt, 102 distress under, 201 Merchandise Marks Act, 1887, limitation, 45 right to trial by jury, L50 search warrant may issue ander, 309 Metal dealer-, search warrant may issue, 308 Metropolis Building Act, limitation, 54 statement of case under. 133 Metropolis Management Act, limitation, 56 luandamus to receive evidence under, 419 Metropolitan poli listrict, warrants. 32 application of penalties in, 117 magistrates of, I 19, L54 application of Summary Jurisdiction Act, 184S, to, 211 clerks to magistrates of, 205, 16 I powers in, as to restitution, 170 in indictable cases, warrant in, -VI 1 574 Index. Metropolitan police district, costs of conveyance to gaol, 379 in indictable cases, powers of magistrates of, 3S1 of magistrates of, as to stating case, 446 enforcement of recognizances in, as to statement of case, 447 jurisdiction of county justices in, 506, 509 Metropolitan Police Courts Act, 1839, 23, 536 warrants issued by, may be executed outside district, 23, 24 appeal in, 152 search warrant may issue under, 308 Metropolitan magistrates, additional powers under 2 k 3 Vict. c. 71, 42 Miles, seven, measurement of. 22 Militia, application of Summary Jurisdiction Act to, 209 limitation, 45 Mines Act, who 1o lay information, 50 Ministerial acts in relation to indictable offences, 295 justice can act outside commission in, 31 backing warrants, 32 granting certificate of dismissal, 81 Minute of order, service of copy on defendant, 90, 93 Misconduct of justice, 410 Misdemeanors, accessories, 25 bail in, by constable, 193, 194 in indictable cases bail, 362, 367, 369 under Larceny Act, 359 costs of, 490/497 costs payable on committal for trial, 491, 492, 496 costs of certain, payable as in felony, 497 under Vexatious Indictments Act, 471 at Central Criminal Court, 498 in future Scotch Acts, meaning of, 531 Mitigation of punishment, 123, 209 of forfeitures under recognizances, 131 of penalty in excise, 210 Money of parish, description, 25 deposit of, in lieu of recognizance, 184 Month, meaning of, 59, 101, 522 calculation of imprisonment for, 101, 516,521. 522 Municipal borough, meaning of, 527 with respect to Ireland, 527 Municipal Corporations Act, 1882, as to borough justices, 10, 30, 34. 402, 513 clerk to borough justices, 464. 467 stipendiary magistrates under, 154, 511 execution of warrants, 19, 20, 21, 308 bail under, 194, 197, 225 arrest by constables under, 323 application of penalties, 513 Municipal elections, justices guilty of corrupt practices at, dis- qualified, 293 limitation to prosecution in res] t of, 318 I Idler. 575 Municipal elections, corrupt practices at, not triable at quarter sessions, Murder, jurisdiction in. -'■'■<. 304 not triable summarily, 1 '■)"< not triable at quarter sessions, 358 Music in .street, penalty, 126 Navy, application of Summary Jurisdiction Act to, _ Negativing exceptions in information, &c, 19, 50, 75, ]'■'■> Newspaper Libel, costs as to, 17:; dealt with summarily, 355 Night offenders arrest of, 323 Night Poaching Act, limitation, 318 Non-appearance of defendant, 2, 15, 17, 72 of prosecutor or complainant, 7- in indictable cases to summons, 316 after remand, 363 Non-payment of money. See "Imprisonment;" <; Di-' '• ( 'o.sts." Notice to informant, &c, of defendant's arrest, 72 of appeal, 181, 182 rules relating to, 184 Notice of appeal, form of, 182 service of, mi company, 6 in indictable cases to defendant, "1 statement under Russell Gurney's Act, ."14, 345, 476 of bail, 373 of recognizance to prosecutor, 391 of recognizance to accused, 394, 396 of action against justices, 421, 422, 423 contents of, 422 written, of application to justices to state rase, 426 of appeal by ca.se to respondent, 426 of appeal under Baines' Act, 448 under S. J. Act, 1879 ; see "Index to Forms, 1887, 228. y,ij/,i, bona, where statute provides no remedy on return of, 100 Oath (in summary cases) required for warrant, 15, 38, 46 in indictable offences, 313 administering unlawful, not triable at quarter sessions, 358 of clerk of peace a.s to lines, 458 Oaths Act, 1888, persons objecting to oath may affirm, 346 person affirming may be tried for perjury. 346 form of affirmation, 346 validity of oath not affected by religious belief, 346 form of affirmation in writing, 347 swearing with uplifted hand, 347 form of, Scotch. '■', 17 oath of justice, 31, 34, 291, 294 Oath of witness, 87, 334, 346, 347 576 Index. Oath, when witness objects to be sworn, 88, 346 Objections to in fori nations and complaints (summary), 2 waiver of, 11 warrants, "21 warrants of commitment, 96 in indictable cases, informations, 313 warrants, 321 < tbjecting to be sworn, 346 Obscene books, search warrant may issue, 308 Occasional court-house defined, 152, 207 limitation of imprisonment adjudged in, 153 conviction in, 153 may be outside petty sessional division, 225 Offences, description of, in summary proceedings, 194 transitory and on boundaries, 202, 203 for what, child dealt with, 133 schedule of, summarily triable, 214 in territorial waters, 300 against person, in admiralty jurisdiction, 305 counselling, 26, 214 Offences against the Person Act, search warrant may issue under, 308 Official definitions in past and future Acts, 523 Official Secrets Act, 1889, costs, 497 Open court, trial of summary matters in, 60, 155 defined, 60, 152, 154,' 224 public present in, 61 poor law removals in, 155 in indictable cases, 155, 224, 355 Ordnance map, meaning of, 530 Order, ex "parte, no summons required, 9 for payment of money, what is, 15 meaning of, 15 on complaint, form of, 74, 90 drawing up, before distress issued, 90, 91 copy of minute of, service, 95 to specify costs, 91 not for payment of money, proceedings for enforcing, 103, 104 appeal from, other than civil debt, 175 for money not a civil debt may be enforced by distress, or postponed, 156 for varying sureties, 164 default" in complying with, procedure, 189 summary procedure and power of justices, 189, 190 for payment of money, no imprisonment except when proof of means. 11»1 Debtors Act, 1869, 191 application of Summary Jurisdiction Act to orders under futUl'e Arts, 208 under S. J. (Married Women) Act, 212 of restitution of stolen property, 167. See " Restitution. " of removal of pauper, 53, 1 ■>■> of expenses of pauper's maintenance, 53 Index. 577 Order, costs of plaintiff in enforcing, 238 forms of, 247 : and see i- Index to Forms," 228 action on, against justice, 411 where affirmed on appeal no action on warrant, 420 may 1m.' enforced after decision on special case, 446 amendment of, under Baines' Art, 450 enforcement of, 456 for production of prisoner, 516 Ouster of jurisdiction, 66 in assault, 66 Overseers of poor, embezzlement by, 24 duties of, in brothel prosecutions, 172 commitment of, for detention of books, oo* non-payment of money due from, 127 Parent i>resent at summary trial of child, 134, 259 Parish constable to execute warrant, 22 materials for roads, 24 money, how described, 24 Parish, meaning of, 522 Parliament, offences against either House of, not triable at quarter sessions, 358 Parliamentary elections, justice guilty of corrupt practice dis- qualified, 293 Parliamentary elections, offences at, not triable at quarter ses- sions, 359 Particulars of claim for civil debt, 237 Parties, evidence of, 41, 42 appearance by counsel and attorney, 7, 52, 75 to suit in consequence of adultery, 76 not protected by 11 & 12 Vict, c'44, 419 under Baines' Act, statement oi case by, 452 when prosecution abandoned by Public Prosecutor, 482 Partners, property of, 24 past Act defined, 206 Pauper, removal of, limitation, 53 expenses of maintenance, 53, 121 Summary Jurisdiction Act (1848) not to apply to, 120 order for removal of, to be made in open court, 155 appeal against, not affected by Baines' Act, 452 appeal from Divisional Court on case stated in reference to, 452 Pawnbrokers, restitution of property, 83, 170 forgery of certificate, trial by jury, 150 Payment by instalments, 128 ; and sec " Instalments." undertaking as to, form, 265 of witnesses' expenses, proof of, 38 of penalty, 111 recovery of, certified by auditor, 225 Pedlar's certificate, forgery of, right to jury, 150 Penal servitude, 133, 144 I'enal statutes, claim of right under, 67 Penalty, single, several offenders, 29 S.J. A. P V 578 Index. Penalty, separate penalties, joint offence, 29, 30 cumulative, 48 for each act, where several acts constitute one offence, 48 on payment of, defendant to be discharged, 111 under Railway Acts, not civil debts, 127 on clerk for not obeying section 31 of 11 & 12 Viet, c. 43, 113 duties of treasurer of county, &c, in regard to, 107 unclaimed, 116 application of, under a statute, 118 application of, in boroughs, 117 application of, in boroughs where no separate commission of peace, 117 application of, where no separate quarter sessions, 117 under Public Health Act, 1875, 513 in metropolitan police district, 117 where statute contains no provision for application, 116 remission of, under Public Health Act, 1875, 118 receipts for. not liable to stamp duty, 118 on constable for retaining proceeds of distress, 199 for removing mark on goods under distress, 199 recovery of, in respect of Acts repealed by Summary Jurisdiction Act, 1884, 222 form of conviction for. 244 of security for, 257 return of, form of book, 270 under Metropolitan Police Act, 126 under Municipal Corporations Act, application of, 513 High Court no power to reduce, 445 effect of payment in part, 1 26 Perjury, in declaration as to service of process, 197 not triable at quarter sessions. 35S bail in. 368 on amendment of indictment, 453 costs in, 491 Person defined, 205, 206 offences against admiralty jurisdiction, 305 meaning of, in future Acts, 529 Petroleum Act, search warrant may issue under, 308 Petty sessional court defined, 154, 207, 526 varying order for sureties by, 154 Petty sessional court-house, 164, 526 more than one, 224, 225 power to provide, 1 7 I restriction on sentences in, 153 conviction in, 153 town hall a, 154 Petty sessional divisions, 30, '■'•'>! court-house in, to be appointed, 152 salaried clerk only to art in, 4t'8 Petty sessions in boroughs, 35 in detached part of counties, 36 jurisdiction in, 293 Pilot unqualified, interested justice, 64 Index. 579 Piracy, 301 Place of abode, 5 Plea of guilty by adult, 1 42 by unauthorised solicitor, 61 Poaching, right to jury, 150 See " Game." Poinding and sale, 284 Point of law. reply to, in summary trial, 77 statement of case on. See "Statement of Case." Police, institution of proceedings by, 17 to report as to prisoner's property, 201 larceny by, 296 return of crimes to Public Prosecutor, 484 chief officer of, defined, 485 where information laid by, right to act as advocate for the prosecution, 87 superintendent may !"■ respondent in stating case in licensing matters. 439 Police disti'iet, defined, 48f» Police station may he occasional court-house, 152 Police Act, search warrant may issue under, 308 Poor Law Amendment Act, 1834, guardians defined, 527 Poor Law Amendment Act, 1844, informant, 50 witnesses under, 39 county in, defined, 36 Poor law auditors, limitation to proceedings by. 53 Poor law removal order, appeal, 35 Poor, property in goods, description of, 25 Poor rate, service of summons, <; recovery of, summons should first issue, IS Summary Jurisdiction Acts do not applv to recovery of, 52, 127 justices hearing application to issue distress warrant to enforce payment of, are a court of summary jurisdic- tion, 225, 431 not civil debts, 52, 191 recovery of, 225 recovery limitation, 53 as to justices' power to state case in a matter of, .">:! application for rule to state ease. 62 case may be stated on question of law, 188, 430 summons for, is process of a court of summary jurisdic- tion, 197 may be served in Scotland, 197 when expenses of prosecution may he paid out of, 192 Poor law removal order, where to lie made, 155 limitation, 53 Haines' Act does not affect appeal in, 448, 452 Poor law union, meaning of, 527 Post-olliee offences, 121 application of Summary Jurisdiction Acts to, 121, 209 jurisdiction in offences, 296 transmission of special case through, 437 Paines' Act does not apply, 448, 453, 454 p p 2 580 Index. Post, service by, meaning of, 7, 530 Post Office (Protection) Act, 141 offences punishable on indictment under, when to be tried summarily, 141 Postmaster-General, meaning of, 524 "Practicable," meaning, 1S1 Praemunire not triable at quarter sessions, 358 "Prescribed," defined, 205 Prevention of Crimes Act, right to jury under, 150 search warrant may issue under, 308 Prevention of Cruelty to Children Act, 1894, 47, 49 right to trial by jury, 150 taking deposition under, 346 false evidence by child, 141 search warrant may issue under, 309 Previous convictions, certificates of, 78, 144 when to be procured by the police, 146 Principals and accessories, 26 Principal office, service at, meaning, 7 Prison officers' right to jury, 150 Prisoners, attendance of, as witnesses, 39 in indictable cases. 335 power of Secretary of State, 334 return of property taken from, 201 to be present at statement under Russell Gurney's Act, 344 previous convictions when committed for trial, 144, 145 treatment of, 124 in default of finding sureties, 163 divisions of, 515 release of, on payment of portion of tine, 516 order for production of, 516 " Prisoner," meaning of, under Prison Act, 1898, 516 whose term expires on Sunday, Christmas Day, or Good Friday, 517 Prison Act, 1877, provisions of, as to legal custodv of prisoners, 376 Prison Act, 1898, 515 divisions of prisoners, 515 effect of part payment of penalty to governor, 126, 239 release of prisoners on payment of portion of fine, 516 order for production of prisoner, 516 calculation of term of sentence, 516 rules, Home Office letter, 517 " month," meaning of, 521, 522 prison, meaning of, 516 Prisons Act, 1833, as to commitment for trial, 375 Private individual, arrest by, 322 Private rights, penalty for protection of, 52 Privy Council, meaning of, 524 in Ireland, 524 Probation of First Offenders Act, 146, 403, 514, 515 Index, 5sl Proceedings, irregularity in, 10, 11 abatemenl of, 19 what, before one justice, 112 on appeal to quarter sessions, 175 on execution of distress, 95, "200 in case of sureties to keep peace, 162, 163 Procedure before justices, 3 Process, execution of (under Summary Jurisdiction (Process) Act), 281 definition of, 284 " Procuring," meaning of, 26 indictable cases of, triable summarily, 213 Production of documents, justice no power to order, 40 Prohibition of action by judge, costs as to, 420 Proof of previous conviction, 144 of service. See "Service." of exceptions. &c, 50, 7;"', 195 by declaration, 196 Property, description of, 24, 25 of prisoner returnable, 201 stolen. See "Restitution." Prosecution, limitation by statute, 318 commencement of, what is. 318 undertaken by Public Prosecutor [q, r. : regulations as to such, 485 not proceeded with in reasonable tunc, or withdrawn, notice to Public Prosecutor, 487 costs on, for indictable offence, 489, 506, d scq. scale of, 499 railway fare where no second class, 500 Prosecution of Offences Act, 1879, 181 Prosecution of Offences Act, 1884, 4S4 by vaccination officer, 50 under Children's Dangerous Performances Act, 50 consent of police first necessary, 50 Prosecutor unwilling as witness, 38 a competent witness, 87 on non-appearance of, dismissal of case, 72, 89 liable to costs on dismissal, 93, 106 costs of, in indictable cases tried summarily, 170 may be bound over for trial, 356 costs of, on commital for trial, 499, et seq. Prosecutor, Public. See "Public Prosecutor." Prostitutes, child living with. L40 Protection of persons acting in execution of statutory or other public duty, 121 Public Authorities Protection Act, 1893, 421 Public present in court, right as to, ill Public Health Act, 1*75, informant under, 50, 159, 51:; application of penalties, 513 interest in justices, •;."> Public Health Act, 1891, service of process under, 6 ■ limitation under. 55 Public Health Act, 1875, order of destruction of meat, 9 582 Index. Public Health Act, 1875, remission of penalties, 118 order to abate a nuisance under taxation of costs on, 443 appeal from Divisional Court in case under, 452 application of penalties under, 513 search warrant may issue under, 309 Public Health (London) Act, 451 right to trial by jury, 150 limitation, 57 Public policy, offence against, informer in, 51 Public Prosecutor, 287, 481, 484 restitution of property in cases under superintendence, 170 statutes relating to, 481, 484 his duties, 481 delivery of recognizance, &c, to, 482 when prosecution abandoned by, 482 saving as to private prosecutions, &c, 483 restitution of property in cases undertaken by, 170, 483 regulations in respect of, 485 Treasury solicitor to be, 484 disclosing in evidence sources of information, 482 liability, of, under Prosecution of Offences Act, 483 Purchaser, innocent, of stolen goods, 166 Pursuit, fresh, 20 Qualification of borough justices, 34, 294 of .county, 32, 290, 291 acts without proper, 292 of borough justices 1 clerks, 465 of petty sessional clerks, 465 Quarter sessions, appeal (q. v.), jurisdiction of borough justices in, 34 jurisdiction to try indictable offences, 358 offences not triable at, 358 trial of bill found at quarter sessions where no jurisdic- tion, 359 committal for trial to, :i"7 no appeal to, where case stated, ISO procedure under Baines' Act, time for notice of appeal, 448 power as to costs, 449 as to amendment of justices' orders, &c, 450 finality of decisions of, 452 amendment of indictments by, 452 statement of case from, 452 enforcement of orders of, 456 Quarter Sessions Act, 1849 (Baines'), 448 _ Quashing conviction, or order prior to action upon, 411 Queen's Bench, rule by, to justices, 415 in Statement of Case Act. definition, 425 Queen's title, offences against, not triable at quarter sessions, Index. 588 Railways, penalties in resped of, doI civil debts, 127 Bervice at office of company, 7 offences on, when triable Bummarily, 215 placing wood, &c, on, 216 throwing Btonea at train on, 217 sending dangerous goods by, 28 fare to prosecutor or witness, where no second class, 506 Rape, infant incapable of, 137 Bates, rule to enforce, 417 validity of, inquired into before rule granted, 417 statement of rase by justices as to, 430 questions as to appeal from Divisional Court to Court of Appeal, 452 Ratepayer, justice though a, may act, 35, 63, 65 "Reasonable cause " in actions against justices, meaning of, 405, 406, 409 in issue of search warrants, 309 Reasonable time for service before hearing, 17 Receiving stolen goods, triable summarily, 214 jurisdiction in, 296 bail in. 367 Recognizance on adjournment for variance, 44 on non-appearance of complainant, 72 on adjournment of hearing, 88 estreat of, for non-appearance, 21, 72, 88 after issue of distress, 98 dispensing with, where statute requires, 124 forfeiture of, mitigated, 131 form of indorsement mitigating, 25 7 may be enforced by court of summary jurisdiction, 131 forfeiture of, to keep peace, 132 form of, 256 to keep peace, transmission of, 132 application of sums under, 132 no appeal for imprisonment under, 151 to keeji peace, 162, 163 to appeal, 176, 183, 184, 198 before police, 193 enlargement and discharge, 193 when amount fixed, governor of gaol may take, 198 form of, in such case, 198 rule as to, before gaol governor, 235 form of conviction for forfeited, 245. 256 form of security to perform condition of, 258 in indictable cases, [prosecutor and witnesses may be bound in, for trial, 356 to be transmitted to court of trial. 357 may be taken out of court. 357 on remand, 362 to be transmitted to clerk of peace, 363 of married women, 364 in county where examination for appearance wh< re offence committed, 365 transmission of, where not before committing justice, 369 584 Index. Recognizance, refusal to enter into, form of commitment of witness, 391 treatment in prison, 516 form of, on bail instead of remand, 393 notice of, to accused, 394 of bail, form of, 393 of appellant in statement of case, 439, 441 enforcement, &c, of, in respect to statement of case, 446 under Baines' Act, amendment of, on appeal, 451 for prosecution of appeal, 451 enforcement of, 455 under Vexatious Indictments Act, 471 to be delivered to Public Prosecutor, 482 estreating on non-payment of costs of appeal, 183 deposit of money in lieu of, 184 under Probation of First Offenders Act, 514 by corporations, 132, 441 exemption of London Count}' Council in appeal, 184, 441 Recorder of borough, 35 Recorders, Magistrates, and Clerks of the Peace Act, 1888, 510 powers of deputy, 509 Recovery of poor rate, summons first, 18 of costs of justices' clerks' fees, 114 of sums by district auditors, 225, 226 of civil debts, 126, 190 in respect of securities, 159 Reformatory schools, 139, 140 remand, 139, 161 power to remand for more than seven days, 139, 364 must not be sent to prison before being sent to, 139 Reformatory Schools Acts, forms under, 272 — 274 Refusal to answer by witness, 38, 40 of justices to state case, 441 to admit to bail, 444 Register to be kept by clerk, 157 to be evidence, 158 to be open for inspection, 158 rule of 1886 as to, 233 form of, 267 Registrar, declaration before, 196 Regulations in respect of public prosecutions, 485 Religion, offences against, not triable at quarter sessions, 358 Remand in summary cases, 88, 89 in indictable cases (summary jurisdiction), 161 commitment on (summary jurisdiction), form of, 244 in indictable cases, 155, 362 verbal, 363 bail on, 363 form of warrant of, 393 reformatory schools, 139, 161, : '>»>t for more than eight days when defendant admitted to bail, :!i)l under Probation of First Offenders Act, 514 ; mi*r, Keinand, when prisoner too ill to attend, opinion ol Home Secretary, 364 Remission of costs, 129 Remitted fees book, rule as to, 234 form of, 270 statute as to, 460 Removal of pauper in boroughs, 36 when- to be made, 155 Baines' Act does nol affect appeal as to, 448, 452 orders, limitation, 53 Removing goods fraudulently, informer, 50 questions of title in, 71 Repeal by 187S Act, 212 by 1884 Act, 221 Reply not allowed to prosecutor, fcc., 77 on point of law, 77 Residence in jurisdiction, though offence outside, 286 Res judicata, 4, 9, 80, 82; and see "Estoppel," "Assault," "Indictment." Respondent, non-appearance at sessions, 185 in ease stated by licensing justices, 439 Restitution of property, power to order, 165, 167 in what eases may be ordered, 166 sales not in market overt, 166 what is market overt, 167 compensation of innocent purchaser, 166, 477 goods obtained by false pretences, 168 proceeds of stolen goods in agent's hands, 168 of valuable securities, 169 as to pawn tickets found on person arrested for forgery, 169 Pawnbrokers Act, 170 metropolitan police magistrates, power of, 170 Public Prosecutor, 170 no appeal to Court of Appeal in question as to, 444 Restrictions on summary trial of indictable offences, 133, 144, 146 Return of crimes by chief i fficer of police, 484 Return of warrants at any time, 19 Return of fines, &c, form of book, 271 by clerk of peace, 458 Revenue, inland, offences relating to, 121, 210 appeals in, not subject to Baines' Act. 448, 153, 151 Review of Justices' Decisions Act, 421 affidavit under, 424, 425 Right, claim of, 67, 70 Right to presence in court of justice, 61 Rights non-existent in law, 68 River, offences on, 202; and see "Admiralty." Riot Act, limitation, :il S Rubber stamp, signature by, 14 Rule to justices by Queen's IV-iuh, 415 in what cases, 415 proper remedy where claim of right, 416 58(5 Index. Rule to justices, concurrent with mandamus, 416 validity of order inquired into before granted, 418 to what matters it applies, 418 as to questions of fact, 418 test of adjudication, 419 application for, not premature, 420 to state special case, 442 to enforce rate, 417 Rules of Summary Jurisdiction Act, 173, 233, 272 index, 227 under Employers and Workmen Act, 536 Rules of court, meaning of, 526 power to make, 527 Russell Gurney's Act, taking statement under. 343, 344, 345 intention of, 353 Sale of forfeitures, 196 of goods distrained, 199 Salmon Fisheries Acts, interested justices, 64 trial by jury. 150 Sanitary authority, limitation, 55 Sark, backing warrants in, 23, 121, 327, 401 Saving of Act of 1879, to army, navy, marine, militia, 209 Scale of imprisonment for non-payment of penalty, 125 Scale of allowances to prosecutors and witnesses, 499, 504 for railway fare where no second class, 506 Schedule of clerk's fees in preparing case, 447 Scotch justice acting in London, 31 process service in England, 201 warrants in England or Ireland, 331 warrants in Channel Islands, 400 who to back, 400 oath, form of, 347 Scut land, service of English process, 6, 279 distress warrant in, 201, 2S2 Irish backed warrants, 330 Statement of Case Act, does not extend to, 447 Haines' Act does not extend to, 456 summons for poor rates may be served in, 197 application of criminal evidence to, 479 Sealing, what sufficient, 22 declaration as to, 260 Search warrant of borough magistrate, 22 may issue on Sunday, 307 information for need not specify goods, 309 statutes under which may issue, 308, 309 execution of, 309 under Criminal Law Amendment Act, 1885, 309, 410 Secretary of State defined, 205. 523 power of, as to witness in custody, 88, 334 under Territorial Waters Act, 302 bail by, in treason, 370 scale of allowances, &c, by, 499 Index. 587 Secretary of State, orders as to allowances, 199, 505 Security for good behaviour, required after the issue of distn bs, 98 or forfeited recognizance, 131 rule as to forfeited, 235 sums recovered under civil debt, lf>9 regulations as to, 1 59 recovered on constable's or clerk's complaint. 159 how enforceable, 159 notice of forfeiture required, 159 rule as to this, 235 form of notice, 256 form of, 235 hook of, 235 forms generally [see Index, 228) by appellant in statement of case, 439, 4 11 Seeds, adulteration of, limitation, 45 Sentence, calculation of term of, 51b' expiring on Sunday, Christmas Day, or (loud Friday, r. 1 7 Sentences, consecutive (fine and imprisonment), 106 Servant, proceedings in respect of wages. 3, 4 service on, 5 liability of master for acts of, 27 assault by in course of employment, SO Service, what sufficient, 2, 5, 6, 7 in Scotland, 6, 201, 279, 281 in particular cases, 6 of borough justices' process in county, 22, 35 of witness summons, 38 proof of in ex parte proceedings, 7, 71 proof by declaration, 5, 19t>, 281 rule as to, of judgment summons, 237 form of declaration, 259 in indictable eases, 315, 334 of summons under Bastardy Laws Amendment Ai t, 6 by post, meaning of, 6, 530 Sessions house, provision of, 174 Seven miles, measurement, 21, 320, 322 Several offences, 29, 47 Sewers, Commissioners of, property of, 24 Sheriff, justice acting as, 37, 293 sheriff in future Scotch Acts, meaning of, ">:;i Ship, British, what is, 299 part of English territory when on high seas, 299 offences on foreign ship. 302 Ship in distress, larceny from, 296 Signature to declaration of service. 1!<7 by rubber stamp, 1 l Six months' limitation, 52, 54, 55, 57 exceptions, 45, 57 See "Limitation ;" "Continuing Offences." does not apply to disputes under Employers and Work- men Act, 1875, 45 Small tines, 129 588 Index. Small Penalties Act, 126 Small Tenements Recovery Act, costs under, 94 Solicitor, evidence of, 42 appearance by unauthorised, 61 bail of, of accused person, 371 interested justices, 65 And see "Attorney." Special appropriation of fines. &c, rule as to, 233 Special case, appeal by, under Summary Jurisdiction Act, 1879, 187, 188 rule as to, 177, 236 under Baines' Act, 153 And see "Statement of Case/' in vaccination matters, 432 Stamp duty, receipts for penalty not liable to, 118 Stamp, rubber, signature by, 14 Stamps, appeals relating to not affected by Baines' Act, 448, * 453, 454 Statement of accused, 348 — 351 procedure of, 35V form of, 390 Statement under Russell Gurney's Act, 476 Statement of Case Act, 425 Statement of case, 187, 188. 425 to be granted on application of party aggrieved, 425 effect of S. J. Act, 1879, s. 33, 426 notice of appeal to be given, 426, 437 justices deemed to have stated case under all their powers, 426 copy of case to be given to respondent, 426 written notice of application to be served on justices, 426 copy of application to be served on clerk of court, 236, 426 time for applying, 236, 426, 435, 436 to Vie stated within three calendar months, 426 when ease should be granted, 426 as to statement of case under private Act, 428 requisites in drawing up case, 428 all points for opinion of court to be before justices, 428 where court will not consider other points not in case, 428 where justices have declined jurisdiction, 429 as to friendly societies, 431 may be stated in an y proceeding of a court of summary jurisdiction, 187, 188, 426 where point of law has been previously decided, 434 as to rates, 430, 432 may be in an acquittal, 433 under Metropolitan Building Act, 433 where there is an appeal to quarter sessions, 433 ^form of, 434 application, 435 to l»e served on just ic.-s, 135 time for stating, 435, 436 Index. 589 Statement of case, transmission of. 426, 436 appellant to enter into recognizance, 439 enforcing recognizance, 446 death of respondent, 441 frivolous applications for, 426, 428, 441 certificate of refusal to state, 441 rule to justices to state, 442 powers of court on hearing, 443 • finality of decisions, 443 criminal cause or matter, 444 justices not liable for costs, 444 refusal to admit to bail, 444 amendment of case, 445 powers of Superior Court may be exercised by judge at chambers, 4 45 after argument of ease conviction may be enforced by justices, 446 ease, 1S7, 188, 425 . certiorari not required, 446 rules as to hearing, 442, 447 justices to include stipendiary magistrate, 446 recognizances, how to be enforced, 446 appellants not allowed to appeal to quarter sessions, 447 schedule of clerk's fees in preparing case, 447 under Haines' Act, power to parties to state case without going to quarter sessions, 452 appeal from Divisional Court, 453 clerk of peace to send case to Crown Office, 454 affidavit for rule to stare case, 442 under S. J. (Married Women) Act, 1895, 433 Statute's giving defendant right to trial by jury, 149, 150 making defendant and wife competent witnesses, 41 providing limitation to .summary jurisdiction, 45 giving right to issue search warrants, 308 providing limitation to prosecutions, 318 giving powers of arrest without warrant, 322 commencement of, 45 in Appendix, Index to, 402, 403 - Statutory declaration" in past and future Acts, meaning of, 529 Stealing animals, fences, and growing trees, right to trial by jury, 150 Stipendiary magistrate, 119. 154, 381, 526 Act of 1858 as to, 508 as to stating a ease, 446 powers of, generally, 508, 509 appointment of, 511 deputies appointed by, 509 in boroughs, appointment and qualification, 511 in Municipal Corporations Act, 511 Stolen goods, innocent purchase of, 167, 177 Stolen property, restitution of, 165, 167 Stones, throwing on railway, 217 •' Street," what is, a question of fact, 418 statement of ease as to, 427 590 Index. Street, music in. 126 Subpoena, infirm witness unable to attend under. 39 for production of documents, 40 Suicide, 360 Summary conviction of aiders and abettors, 25 of adult for indictable offence, 141, 142 of child and young person for indictable offence. 133, 138 for what indictable offences, 170, 173, 213 costs of prosecution of indictable offence, 170 Baines' Act not to affect appeals against, 448, 4T>3 arbitration in, 454. See "Conviction." Summary jurisdiction, 334 in indictable offences, 153; and sec "Summary Con- viction." court of. See " Court." Summary Jurisdiction Act, 1848, 1 Summary Jurisdiction Acts defined, 207, 279, 525 Act of 1879, how construed, 211 Summary Jurisdiction Acts apply to enforcement of bastardy orders, 211 Married Women Act, 1895, 212 application of, to future Acts, 208 forms under, 233 rules under, 227, 233 rule of 1895 and additional schedule, 272 Summary Jurisdiction (England) Acts, the, 2 Summary Jurisdiction (English) Acts, the meaning of, 2, 525 Summary Jurisdiction (Process) Act, 1881, 279 Summons (summary) to issue on complaint or information, 2, 4 how served, 2, 5 by post, 7 to be served reasonable time before hearing, 17 proof of service by constable, 2 objections to form of, 2, 7 under Betting Act, 4 service of, under Employers and Workmen Act. 6 under Army Act. 6 under Food and Drugs Act, 6 under Companies Act, 6 under London Building Act, 6 under Public Health (London) Act, 6 under Factory Acts, 7 issue of, 4 statutory provisions as to service, 6 proof of service of, on exparte hearing, 7, 71 should be issued in all eases, 7, 18 ex parte hearing where no previous, 7, 8, 9 not vacated by death of justice, 15 amendment of, 13 not obeyed, warrant may issue, 15 warrant may lie issued instead of, 16 previous oath not required for, 19 should be issued in first instance, 18 m preference to warrant, 7, IS Index. 591 Summons (summary), may be issued by one justice, 112 to witness, how Berved, 37. 38, 39, 10 of borough justice, in county. :: 1 judgment, rule of 1886 as to, -M forms of, to defendant. 233 for forfeiture of recognizance, 241 to vary sureties, "J 1 1 to witness, 241 forms of, in civil debt procedure, to appear, 261 to witnesses, 262 service of, under Bastardy Laws Amendment Act, 6 two offences in one, 10 discretion of justice in issuing, 2, 10, '-'AT justices have no power to amend by substituting third party in, 11 must be signed by justice who hears complaint. 13 withdrawal of. 81 issued in one jurisdiction may be served by police in another, 197 And sec " Information." Summons in indictable cases, when should issue first, 287 may be returnable before other ju>ti><-. 2 s 7 warrant may issue where not obeyed, 287 may issue for offences on high seas, &c, 297, 298 discretionary to issue, 317 how directed, 315 service of, 315 on disobedience to, warrant issues, 316 objections in, 316 to witness, 333 form of, to accused, 384 form of, to witness, 387 disobedience to, no action against justice, upon subsequent warrant, 412 in county court actions against justices, 121 Sunday included in time for appealing, 183, 435 issue and execution of warrants on, 308 term of imprisonment expiring on, ."17 Sunday Observance Art. information under, 50 Superior court, defined, 125 review of justices' decisions in, 424 case for opinion of, 442 powers of, on argument of special case, 142 : and see •• Statement oi I !ase." powers of, by judge in chambers, 445 after decision of, conviction, fee, may be enfoiced by justices, 1 16 power to make rules as to spi cial case, 1 16 remission oi case by, justice declining to re-instat . Supreme Court, meaning of, 525 in Ireland, 525 Sureties of peace, nature of, and when granted, 162 costs as to, 162 cannot surrender principal, 132 592 Index. Sureties, imprisonment in default of rinding, 162 prisoner's treatment in default of finding, 163 Surety required on adjournment, 88 imprisonment in default of finding, in night poaching, 149 for indefinite time illegal, 407 reduction of, 164 application to vary order for, 236 to keep peace, 131 form of summons to vary order for, 241 form of order varying, 258 in bail for indictable offences, 367, 373 when may be dispensed with, 370 Surrender by surety, 132 in cases of good behaviour, 132 in cases for appearance surety may re-seize, 132 Tables of fees, clerk of peace, 113, 466 justices' clerks, 114, 465 to constables, 507 Taxation of costs on appeal, 109 in action against justices, 422 on criminal information, 443 Taxes, appeal in, not affected by Baines' Act, 448, 453, 454 Tender by justice in action, 422 of witnesses expenses, 40 Territorial Waters Act, 300, 302 Threats, warrant for, 163 Tidal waters, 202, 298 Time, Greenwich, 45, 59 materiality of, in summary proceedings, 43 variance as to, 44, 45 in burglary, 59 of limitation (q. v.), 43, 45, 59 in statutes, 59 of imprisonment calculation, 101 for appeal to quarter sessions, 175, 179 " reasonable," 17 of commencement of statute, 44 of service of judgment summons, 237 for application to state case, 426, 435 for transmission of special case, 436 for appeal under Bainos' Act, 448 for stating special case, 435 Title, questions as to, 67, 70 Tools for repair of highways, 24 not distrainable, 156 Town hall, a petty sessional court, 154 Transitory offences, 202, 203, 297 Transmission of special case, 436 Treason, complaint for, 286 misprision of. or, not triable at quarter sessions, 358 bail in, 370 Treason felony, as to costs, 490 Index. 593 Treasurer of county. Sec ' ; ' lounty." of borough. See " Borough." Treasury solicitor to be Public Prosecutor, IM Ti"easury, meaning, 523 Trespass in pursuit of game, 28 Set "Game." Trial by jury, right to, 14S summary of indictable casus. 133, 1 18 in indictable offences witnesses bound over to appear at, 356 Trial, certificate of previous convictions of prisoners committed for, 144, 145 Truth of libel, evidence as to, '■'>'<'< Turnpike roads, property in, 24 Two offences in one summons, 10, 11 Typewriter, taking depositions on, 33S Unclaimed penalties, form for, 116 Uniformity of procedure on appeal to quarter sessions, 17."', 1 76, 223 under Baines' Act, 449 Union and guardians, meaning of, 527 Unions, jurisdiction of justices in, 12, 14, 35 United Kingdom, meaning of, in Territorial Waters Act, 302 Unlawful detention of goods, 71 estoppel, 83 Unlawful Drilling Act, limitation, 318 Unnecessary accounts, rule as to, 234 Unqualified justices, acts of, 292 Vacation of warrants, 15, 19, 22 of proceedings by informer's death. 19, 193 not avoided by death of justice signing, 193, 297 Vaccination, limitation, 45 offences against law of, not a continuing offence, 57 officer entitled to prosecute, 50 costs on, recoverable by distress and imprisonment, 94 special ease for opinion of High Court, 132 Vagrant Act, limitation, 53 application of Summary Jurisdiction Act to, 53 fees of justices' clerks in, 114 search warrant may issue under, 308 Variance (summary), misleading, 2, 10, 25 procedure where deceptive, 11 meaning of, Id in warrants only, 16, 13, 319 in informations as to time and place, 13, 15 in indictable eases, warrants, 313 in summons, 2, 316, 319 Vegetables, right to jury, on charge of destroying, 150 Vehicles, offences in, 202, 469 S.J. A. Q Q 59-1 Index. Venue of action against justice abolished, 421 Vexatious Indictments Act, 470, 473, 474 to what offences applicable, 314, 470, 471 what is within Acts, 307 only apply after process granted, 314, 472 recognizance of prosecutor, 471 what is refusal to commit, 472 extension of Act of 1859, 472 costs of defendant on acquittal, 474 misdemeanors under, 470 liability of prosecutor for costs under, 473, 483 leave of court not necessary for addition of counts, 473 View, conviction on, 9 Volunteers, limitation, 45 Wages, summons for, 4 civil proceedings bar to summons for, 4 Waiver of irregularity, 11, 12 instances of, 11 — 14 rule of estoppel applies to, 14 of interest injustices, 62 Wales, Summary Jurisdiction Act, 1848, extends to, 1 Protection of Justices Act, 424 Indictable Offences Act, 28G Warrant of arrest (summary) may issue on non-appearance to summons, 15, 72 discretion in form of, 20, 21, 242 when granted in first instance, 18 discretionary power to issue, 18 may issue without previous summons, 18 vacation of, 19, 22, 193 how executed, and by whom, fresh pursuit, 20 backing of, in Guernsey, Scotland, and Ireland, 20, 23, 32, 120, 121 execution of unbacked warrant, 23 of borough justice, where executed, 20 of metropolitan police magistrate and city magistrate. 32 appearance to illegal warrant. 72 for apprehension of witness, 37 forms of, 242 when executed defendant may lie verbally committed, 72 may be issued by one justice, 111 for threats when granted, 163 not to issue in civil debt procedure, 190 bail of person arrested without, 193 executed in Scotland, 201 of arrest under Summary Jurisdiction (Process) Act 280 of commitment. Sec "Commitment." of distress. See "Distress."' Index. 595 Warrant of arrestment (Scotch), 285 Warrant of arrest in indictable cases, 286 may issue before appearance and after .summons, 286, 287 for offences on high seas or abroad, 297 for felony when granted where no absconding, &c, 306 to apprehend person against whom indictment has been found, 306 may issue on Sunday, 307 to be under seal, 319 how directed, 320 execution of, 321 backing, 324 of arrest of witness, 332 forms of, 384, 385 where summons disobeyed, form of, 385 for offences on high seas or abroad, form of, 385 to apprehend person indicted, 386 to detain person indicted, form of, 387 for witnesses, 388 no action upon, if previous summons disobeyed 412 justice merely issuing, not liable to action. 414 no action on, issued under conviction or order affirmed on appeal, 420 after argument of case stated, 440 under Probation of First Offenders Act, 514 by justice deceased, 193 Warrant, search, 22, 308, 309 . , information for need not specify goods for which desired, 309 may issue on Sunday, 307 statutes under which may issue, 308 execution of, 309 under Criminal Law Amendment Act, 18S5, 309 Warrants, distress, discretion of justices to issue, 157 Waterworks Clauses Act, limitation, .04 Wearing apparel, distraint on, 156 Whipping child and young person, 133, 138, 139, 141 statute relating to, 139 repeal of obsolete punishment of, 111 Wife competent witness for husband, 75 desertion of, jurisdiction, 59 a competent witness in assault, 76 assault on, consequential damage, 80 of prosecutor or complainanl competent. 7"> Wills, offences relating to. not triable at quarter sessions, 358 Withdrawal of summons, no statutory provision, SI Witness (summary), power to summon, •"- unwilling prosecutor as a, 38, 40 disobeying summons, arrest of, 38 forms of warrant, 242, 265 refusing to lie examined. 38, 10, 12 form of commitment on, 243 596 Index. Witness (summary), criminatory questions, what are, and when witness may refuse to answer, 42 prisoners as, and " habeas corpus," 39 how brought before court. 39 in poor law proceedings, 39 in bastardy proceedings, 41 infirm, Crown Office subpoena, 39 dangerously ill, in summary matters, 40 to produce documents, summons of, 40 form of certificate of costs, in indictable offences (sum- mary), 260 tender of expenses of, summary matters, 40 costs of in indictable cases dealt summarily, 170 may be ordered out of court, 61 parties to suits in consequence of adultery, 76 parties as, 333, 334 in criminal cases defendant competent, 41 prosecutors and complainants competent, 87 husband and wife as witnesses for and against each other, 41, 75 as to means, judicial separation, 75 where several jointly charged, wife of one not competent, 76 oath of, 87, 335, 346, 347, 476 affirmation of, 87, 346 under Criminal Law Amendment Act, 346 swearing non-Christian, 88 recalling, when court decided to deal summarily in indictable cases, 165 summons to, when out of jurisdiction, 192 under Summary Jurisdiction (Process) Act, 1881, 2S0 on judgment summons, 237 Witness (indictable cases), as to offences in Admiralty jurisdic- tion, 303 when in district of justice who backs warrant, 326 power to summon or issue warrant to arrest, 332 commitment of, on refusal to testify, 333 examination of, 335 depositions to be read to, 337 when depositions of, admissible, 336 refusal to be bound, may be committed, 3fi7, 391 prisoner as, power of Secretary of State, 334 for accused, 352, 354, 474, 475 to be bound over for trial, 356, 475 enforcing attendance of defendant's, 475 forms of summons to, 387 warrant for, 388 deposition of, form, 389 words spoken by justice in reference to, 406 scale of allowances to, 499 costs of, for defendant, 497 expenses of, at Central Criminal Court, 149, 498 accused persons as. Sec "Criminal Evidence Act." Withdrawal of summons, SI Index. 597 Wood, placing, on railway, 216 Woods, &c, damage to, 21!* Workhouses, offences in, 35 '■ Writing," meaning of in past and future Acts, 529 Young person, definition of, 205 summary trial of, 138, 218 may be sent to reformatory or industrial school, 139, 140 offences for which summary trial may be had, 213, 217. 218, 219 whipping, 138 THE END. BRADBURY, AQJTKW, •& CO. LD., PRINTERS, LONDON AM/ TDXBRIDGE. RECENT PUBLICATIONS-continued. Snowdens Police Officers Guide, With an Epitome of the Police Acts, the Criminal Law Con- solidation Acts, the Licensing Acts, the Summary Jurisdiction Acts, and the Criminal Law Amendment Act, 1885. Tenth Edition. By T. O. Hastings Lees, M.A., Barrister-at-Law ; Chief Constable of the Isle of Wight. 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The Magisterial Formulist ; Being a complete Collection of Forms and Precedents for practical use in all Cases out of Quarter Sessions, and in Parochial matters, by Magistrates, their Clerks, Attorneys, and Constables. Seventh Edition, by H. Lushington Stephen, Esq., Barrister-at-Law. Price 35-".; for Cash, post free, 285. 6d. 1893 Okes Magisterial Synopsis. The Magisterial Synopsis : A Practical Guide for Magistrates, their Clerks, Solicitors, and Constables ; comprising Summary Convictions and Indictable Offences, with their Penalties, Punishments, Procedure, &c, alphabetically and tabularly arranged ; with a Copious Index. Fourteenth Edition, by H. Lushington Stephen, Esq., Barrister-at-Law. 2 vols. Price 58s. ; for Cash, post free, 47s. 6d. 1893 Summary Jurisdiction (Married Women) Summary Jurisdiction (Married Woman) Act, 1895 (5 s & 59 Vict. c. 39). With Introduction, Table of Cases, Voluminous Notes, showing the scope and effect of the Act, and Index. By S. G. Lushington, M.A., B.C.L., of the Inner Temple, one of the Editors of " The Justice of the Peace," &c. and Guy Lushington, Esq., of the Middle Temple, Barristers-at-Law. Price 55. ; for Cash, with order, 45. 3d. 1896 Riots and Unlawful Assemblies. The Law relating to Riots and Unlawful Assemblies, together with a view of the Duties, Powers and Liabilities of Magistrates, Constables, the Military, and Private Citizens in the suppres- sion thereof. The Treason Felony A ct . 1848, the Conspiracy and Protection of Property Act, 1875, and the Riot (Damages) Act, 1S66, with the Regulations thereunder. Third Edition, by A. H. Bodkin, Esq., of the Inner Temple, Barrister-at-Law. Price 5s. ; for Cash, with order, post free, 45. 3d. 1890 Criminal Law Amendment Act, 1885. With Introduction, Notes, and Index. n, by Frederick Mead, Esq., one of the Magistrates of the Police Courts of the Metropolis, and A. H. Bodkin, Esq., of the Inner Temple, Barrister-at-Law. 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