but this discretion must be reasonably exercised, and a Justice who demands excessive bail is guilty of a serious offence. If the person discharged makes default at the adjourned hearing a warrant may be issued for his apprehension. Where there are sureties they may apprehend their principal if they have reason to suspect that he will make default (s. 96). Recognizances may also be taken out of Court (s. 94).

PART V.-PROCEDURE INDICTABLE OFFENCES.

An information for an indictable offence may be presented in the Supreme Court or District Court against a person at large. In order to compel him to attend, a certificate of the information having been presented is made out, and upon its production to a Justice for the place where the offence was committed, or of the place where the accused is suspected to be, a warrant may issue for his apprehension. After he is taken, and it is proved that he is the person described in the information, he is committed for trial or discharged on recognizance in the usual way (ss. 99 to 101). If the person. informed against is at the time in gaol for some other offence, upon proof as above, a warrant issues to detain him there (s. 102). But the defendant is usually compelled to attend before Justices by the issue of a warrant or of a summons and a warrant (s. 103).

After the examination of witnesses for the prosecution the depositions are read to the defendant, and he is then formally asked whether he has anything to say in answer to the charge. Any statement he may make is taken down, read to him and signed by the Justices, and by the defendant if he chooses; it is then forwarded with the depositions to the proper officer, and may be given in evidence at the trial (ss. 104 and 105). A very important alteration in the law is made by section 113. If the defendant, in answer to the formal question, states that he is guilty of the charge he is to be further asked whether he wishes the witnesses to appear against him again at the Court to which he is committed. If he says that he does not he will be committed to that Court for sentence, and will have no further opportunity of denying his guilt. If the defendant desires. to give evidence in answer to the charge the Justices must hear it (s. 112). After all the evidence has been taken, if the Justices then present think that it is not sufficient to put the defendant on his trial

they are to discharge him; if otherwise, they order him to be committed for trial, and meanwhile either commit him for safe custody or grant him his bail (ss. 107 and 108). In doubtful cases, where one Justice only is present, he is to remand the prisoner until two Justices can attend to hear the case (s. 109). The committing Justices need not, however, be present during the whole examination (s. 110).

The question of admission to bail in cases of indictable offences is dealt with by ss. 114 to 122. In cases of treason or capital felony it is only allowed by order of the Minister, or the Supreme Court, or a Judge; in the case of other felonies and serious misdemeanours, it is in the discretion of the Justices; in other misdemeanours it is compulsory. Upon admission to bail of a person in custody a warrant of deliverance is sent to the keeper of the gaol, who must obey it forthwith (ss. 119 and 122).

Witnesses may be bound over, by recognizance, to appear to give evidence at the trial before the Court at which the defendant is to be tried (s. 123). If they refuse to be bound over, they may be committed to gaol by warrant, and kept there until after the trial, or until they enter into the recognizance (s. 125). They will also be released if the defendant is not committed for trial, or is bailed, or if the prosecuting officer declines to file an information (s. 125).

Upon committal for trial or sentence, the depositions and other documents are transmitted to the Attorney-General or Crown Prosecutor, according to circumstances. The defendant is entitled to copies of the depositions free of charge (s. 130).

This Part of the Act contains also some novel provisions respecting the procedure in cases where the defendant has been inadverdently committed for trial or sentenced to the wrong Court (s. 129). In such cases the Justices who committed him, or any other Justices, may cancel the first warrant and recommit to the proper Court, or if he is brought before the wrong Court, that Court may recommit him to the proper Court. In cases of an offence alleged to have been committed at a remote place beyond the jurisdiction of the Justices before whom the defendant is brought, the evidence obtainable at the place where the defendant is apprehended may be taken, and if it is not sufficient to commit him for trial he is to be remanded to the place at which the offence was committed for further examination; and upon the whole evidence he is committed or discharged (ss. 130 to 137).

PART VI.-PROCEDURE-SIMPLE OFFENCES AND BREACHES OF DUTY. Cases of simple offences and breaches of duty are to be heard and determined at a Court of Petty Sessions within the district in which the offence or breach was committed; but if it was committed within twenty miles of the boundary of another district, it may be heard. at a Court in either district, or may, if the Justices think fit, be adjourned from one Court to the other. And where two or more places are appointed for holding Courts in one district, the case may be similarly adjourned, from one place to another, within the district (ss. 139 and 140).

Notice of the day and Court at which the case is to be heard is to be given to the complainant, and if he fails to appear, or be represented by counsel or solicitor, the complaint will be dismissed, unless the Justices consider it advisable to adjourn the hearing (s. 141). If he does not appear at the adjourned hearing, his case may be dismissed with or without costs (s. 147). If the defendant fails to obey the summons, and proof is made of due service of it on him a reasonable time before the time appointed for his appearance, the Justices may either proceed with the case in his absence, or upon oath being made substantiating the matter of the complaint, may issue a warrant for his apprehension, and adjourn the hearing until he is apprehended and brought before them (ss. 142 and 143).

At the hearing, if the defendant is present, the substance of the complaint must be stated to him, and he must be asked whether he has any cause to show why he should not be convicted or why an order should not be made against him. He may then admit the charge; but if he does not, the Justices must proceed to hear the parties and their witnesses, and also any evidence adduced by the complainant in reply to evidence given on behalf of the defendant other than as to his general character. They will then convict or make an order on the defendant, or dismiss the complaint, as justice may require (s. 146). If they dismiss it, they may give defendant a certificate of their order of dismissal, which will serve as a bar to a subsequent complaint against him for the same matter (s. 149). If they convict or make an order against the defendant, a minute of the decision is made, and signed by them, and a copy of it is served on the defendant before the issue of a warrant of commitment or execution, unless such warrant is

issued immediately after the decision (s. 150). A formal record must, however, if required, be drawn up for the purposes of an appeal or for the purposes of a return to a writ from the Supreme Court (ss. 151 and 152). Copies of the depositions and other proceedings may be obtained at a reasonable rate by any party interested (s. 154). Costs in all cases are in the discretion of the Justices (s. 157 to 160).

If the result of a decision is, under the provisions of the Act constituting the offence, imprisonment of the defendant in the first instance, the Justices must issue their warrant of commitment accordingly; and the term of imprisonment may, if the Justices think fit, be made to commence at the expiration of any term which the defendant is then undergoing, or has been sentenced to undergo (ss. 155 and 156).

When the decision only adjudges the payment of a money penalty, compensation, sum of money, or costs, the amount is generally recoverable by execution against the goods and chattels of the defendant, and a warrant of execution issues for that purpose (s. 161). Thereupon the defendant may be permitted to go at large, or may be kept in custody until return is made to the warrant, unless he gives security for his appearance at the time and place appointed for the return (s. 162). If the officer returns that he could find no goods or chattels, the defendant may be imprisoned for a period varying from .seven days to six months, according to the amount of the sum adjudged to be paid (ss. 163 and 174). The provisions of the last cited sections, which are new in Queensland, should be carefully noted.

When the Act by virtue of which the conviction or order was made makes no provision for the levy of execution, defendant may be imprisoned for the non-payment of the sum of money adjudged to be paid (s. 165); so when he disobeys an order which is not for the payment of money but for the doing of some other act, and which states that the penalty of disobedience will be imprisonment (s. 166); or when it appears to the Justices that the levying of an execution against him will be ruinous (s. 167). When a defendant is imprisoned for non-payment of a fine or sum of money he is entitled to be released on payment of the money and expenses to the keeper of the gaol (s. 168), who forwards it to the Clerk of Petty Sessions, to whom all moneys payable under a conviction or order are to be paid (ss. 168

and 169). Accounts must be kept by both officers of the moneys received (ss. 175 and 176).

The mode of execution is as follows:-The warrant is directed to a police officer, who seizes the goods and chattels of the defendant. The goods are to be sold by auction after public notice, not sooner than five clear days and not later than fourteen days after seizure, unless a longer period is fixed by the warrant. Perishable goods may, however, be sold twenty-four hours after seizure, and, by consent of the defendant, the other provisions introduced for his protection may be departed from. Household goods should not, unless it is so directed by the warrant, or the defendant consents, be removed from the house till the day of sale, but should be impounded by affixing a conspicuous mark on them. The police officer must not, under pain of a heavy penalty, retain any proceeds of the execution, or otherwise exact any greater expenses than those he is entitled to by law, and he must keep a correct account of those expenses for the inspection of the Clerk of Petty Sessions and the defendant, if he chooses. After the costs and charges of the levy are deducted out of the proceeds obtained, any surplus is returned to the defendant. Tender of payment of the sum due and expenses, or production of the certificate of the Clerk of Petty Sessions that they are paid, acts as a stay of execution (s. 172).

Sections 164 and 173 confer on Justices similar powers to those given to Justices of the Peace in England by "The Summary Jurisdiction Act of 1879" (ss. 4 and 7). If they think fit they may either allow a defendant time to pay any sum or costs, or direct him to pay it by instalments, or allow him to give adequate security for payment, and may direct how and when the instalments are to be paid. They may also, in the exercise of their discretion, mitigate any punishment which they have power to impose under this or any other Act: may impose imprisonment without hard labour instead of imprisonment with hard labour; may lessen the amount of any fine imposed for a first offence; may dispense with recognizances for keeping the peace or for good behaviour (if required by the special Act), or for observing any other condition, and may impose a penalty, not exceeding £25, instead of imprisonment. In some cases they have also power to withhold fines payable to informers (s. 178).