be dismissed, a minute being entered of the manner in which the case has been disposed of.

Judgment of the Bench-Equal Division, &c.]— When the case on both sides is concluded, the justices proceed to consider their judgment; and in the performance of this duty they will properly consider themselves in the position of a jury in a criminal case, giving the defendant the benefit of all reasonable doubts. Unanimity of the justices is not required, and it is sufficient in any case that there be a majority. In the event of their being equally divided in opinion, it will be competent to them to adjourn the case to some other day, and call in the assistance of some other justice or justices and re-hear the case. During their deliberation it is usual to exclude the public; however, before judgment is officially pronounced, the public must be again permitted to be present, as no judicial act of this kind can take place in private, or in the absence of those who have an interest in the proceeding and desire to be present.

Practical Duties with reference to their Judgment.] -The practical course to be adopted is set forth in the 14th section of the 11 & 12 Vict. c. 43, which enacts—

That 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 con vict 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 or order 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 he or they shall cause the same to be lodged with the clerk of the peace, to be by him filed among the records of the general 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, being required so to do, to make an order of dismissal of the same, and shall give the defendant in that behalf a certificate thereof, which said certificate afterwards, upon being produced, without further proof shall be a bar to any subsequent information or complaint for the same matters respectively against the same party.

The judgment of the justices will be further considered in the next chapter.

CHAPTER VI.

THE JUDGMENT, EXECUTION, AND THEIR INCIDENTS.

The Judgment of the Justices.]-The justices having agreed upon their decision, they give effect to it, if in favour of the complainant, by openly declaring that they convict or make an order upon the defendant; or, if in favour of the defendant, that they dismiss the information or complaint.

Of dismissing the Complaint or Information.]— It will be convenient to consider the effect of dismissing the complaint. If the proceedings are governed by the 11 & 12 Vict. c. 43, the rights of the defendant are clearly defined by two or three of the sections of that statute; and, in the first place, as regards costs, it is by section 18 enacted

That in cases where such justice or justices, instead of convicting or making an order as aforesaid, shall dismiss the information or complaint, it shall be 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 complainant 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 on such conviction 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.

And upon the same subject, in a later part of the same statute, we have, at section 26, a further enactment. This section enacts

That where any information or complaint shall be dismissed with costs as aforesaid, the sum which shall be awarded for costs in the order for dismissal may be levied by distress on the goods and chattels of the prosecutor or complainant in manner aforesaid; and in default of distress or payment, such prosecutor or complainant may be committed to the house of correction or common gaol in manner aforesaid, for any time not exceeding one calendar month, unless such sum, and all costs and charges of the distress and of the commitment, and conveying of such prosecutor or complainant to prison (the amount thereof being ascertained and stated in such commitment), shall be sooner paid.

The following may be the form of dismissal :

:

ORDER OF DISMISSAL OF AN INFORMATION OR COMPLAINT.

to wit.

}

Be it remembered, that on

information was laid (or

complaint was made) before the undersigned, (one) of Her Majesty's justices of the peace in and for the said (county) of

at

for that (c., as in the summons to the defendant), and now at this day, to wit, on both the said parties appear before me in order that I should hear and determine the said information (or complaint), (or the said A. B. appeareth before me, but the said C. D., although duly called, doth not appear): whereupon the matter of the said information (or complaint) being by me duly considered (it manifestly appears to me that the said information (or complaint) is not proved, and*) I do therefore dismiss the same (and do adjudge that the said C. D. do pay to the said A. B. the sum of for his costs

incurred by him in his defence in this behalf; and if the said sum for costs be not paid forthwith (or on or before ), I order that the same be levied by distress and sale of the goods and chattels of the said C. D., and in default of sufficient distress in that behalf, I adjudge the said C. D. to be imprisoned in the (House of Correction) at in

the said (county), (and there kept to hard labour) for the space of unless the said sum for costs and all costs and charges of

* If the informant or complainant do not appear, these words may be omitted.

2

the said distress (and of the commitment and conveying of the said C. D. to the said House of Correction) shall be sooner paid.

Given under my hand and seal this

year of our Lord

Order of Dismissal — Discretion of Justices.]-It will be observed that the making of this order of dismissal is quite discretionary with the justices; the 14th section saying

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, being requested so to do, to make an order of dismissal of the

same.

So that it is quite competent to them to refuse such order if they think fit. And the reason of this would seem to be, that if they make such an order they are then to give the defendant a certificate of having done so, which will be a bar to any subsequent information or complaint for the same matter against the same party; whereas, if no such order is made, no certificate can be granted, and so there is no bar to fresh proceedings; and cases may well be imagined in which it would be unfair to preclude an informant from laying a fresh information.

Awarding Costs to the Defendant.]-If the justices determine upon dismissing the information or complaint, and upon making an order thereof, they have a discretion in awarding the defendant his costs. Should they in their judgment omit to say anything upon the subject, it will be proper for the defendant to draw their attention to it. The costs which they are empowered to award are to be such "as to such justice or justices shall seem fit and reasonable." Such costs will properly include the expenses of the defendant's witnesses, his attorney, if any, and also his counsel, if the Bench think that the case was of magnitude, importance or difficulty to warrant his retainer, together