for the said county; but the said A. B., although duly called, did not appear by himself, his counsel or attorney, and it was then satisfactorily proved to the said justices that the said A. B. had been duly served with the summons in that behalf, which required him to be and appear there at that day before such two or more justices of the peace as should then be there, to answer the said complaint, and to be further dealt with according to law]; and then having heard the matter of the said complaint, and it being then duly proved to the said justices upon oath [in the presence and hearing of the said A. B.] that an assessment for the [relief of the poor, or the maintenance of the highways] of the said parish of was duly made, allowed, and published, and that the said A. B. was therein and thereby assessed at the sum of- aforesaid, and that the said sum had been duly demanded of the said A. B., but that he had not paid, and had refused and still refused to pay the same, and the said A. B. then not showing to the said E. F. and G. H. any sufficient cause for not paying the same, the said justices thereupon then issued a warrant to commanding them to levy the said sum of· and the sum of for the costs incurred in obtaining that warrant, by distress and sale of the goods and chattels of the said A. B.: and whereas it now appears to me, the undersigned, one of her Majesty's justices of the peace in and for the said [county], as well by the return of the said to the said warrant of distress as otherwise, that the said hath made diligent search for the goods and chattels of the said A. B.,but that no sufficient distress whereon to levy the said sums above-mentioned could be found: These are therefore to command you the said [churchwardens and overseers, or surveyors] and constable and peace officers, or some or one of you to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the said keeper, together with this precept: And I do hereby command you, the said keeper of the said [house of correction], to receive the said A. B. into your custody in the said [house of correction] there to imprison him for the space of· unless the said sums of and together with the sum of · -for the costs attending the said distress, and the further sum of being the costs and charges of this commitment, and of taking and conveying the said A. B. to prison, making in the whole the sum of shall be sooner paid unto you the
said keeper; and for your so doing this shall be your sufficient warrant.
Given under my hand and seal this the year of our Lord
day ofin the [county] aforesaid.
Abettor, in offences punishable on summary conviction, how
prosecuted and punished, 113; information against him,
114.
Abduction, the quarter sessions have no jurisdiction, 57, 58.
Abortion,-administering drugs or other things, or doing any
thing, with intent to cause or procure,-when not within
the jurisdiction of the court of quarter sessions, 58.
Abroad, murder or manslaughter committed,-in what cases
the party may be prosecuted in this country, 12; war-
rant to apprehend him, 11, 12; form of it, 14; to what
prison to be committed, 79.
Absolute, rule, that a justice shall do a particular act,-effect
of it, 198.
Accessory to murder, &c., abroad, may be prosecuted in this
country, in what cases, 12.
Accessories before or after the fact, as well as principals, out of
the jurisdiction of the sessions, in what cases, 59.
Account, to be kept by the clerk of the petty sessions, and by
the keepers of prisons, of the money received from prisoners
imprisoned under convictions or orders, 170, 171; form
of it, 172.
Accused, statement of, 51; caution given to him previously,
51; form of it, 54; caution as to promises or threats,
why no form given of it, 53; when not necessary, 53.
Acquittal of a person charged with an offence punishable on
summary conviction, 97.
Action against justices of the peace, in what cases, 193, 194, 195;
in what not, 194, 195, 196, 198; in what cases the action
must be an action on the case, and the declaration allege
the act to be done maliciously, 193; and where they are
required by a rule of court to do an act, no action shall be
brought against them for doing it, 198. If an action be
brought, where prohibited, a judge may set aside the pro-
ceedings, 199. Proceedings in the action :-it must be
brought within six months, 200; notice of action, 200;
venue, 200; plea, and evidence under it, 201; tender
and payment of money into court, 202, 203; in what
cases nonsuit, or verdict for defendant, 204; damages,
204; costs, 205.
Action against a justice of the peace in the county court, 201,
194, 203, 204; not after notice that he objects to be sued
there, 201; and why the power of objecting to it allowed,
201.
Addition of trade, &c., and place of residence, of sureties, to
be inserted in recognizance, 56, 59.
Adjournment of examination, in indictable cases, at the request
of the accused, for variance between the evidence, and the
summons, 27, 29, or warrant, 31, 32. Adjournment and
remand for any other cause, 63, 65. Form of the warrant
remanding the accused in the mean time, 65; or of the
recognizance, on admitting him to bail, 66.
Adjournment of the hearing, in the case of summary convictions
and orders, 145, 146, and commitment of the party, or
admitting him to bail, in the mean time, 145; form of
the commitment, 109; or of the recognizance, on admitting
him to bail, 110, and of the certificate to be indorsed in
case of his non-appearance, 111. The like adjournment,
for variance between the evidence, and the information or
complaint, 122, summons, 96, or warrant, 107, 109; and
why, 100. The like adjournment, on account of the non-
appearance of the defendant, 130, 132, or of the prose-
cutor or complainant, 130, 131, or where the defendant
is apprehended and brought before a justice, 129, 130,
180.
Administering drugs, &c., or doing any thing, with intent to
cause or procure abortion,-in what cases not within the
jurisdiction of the quarter sessions, 58.
Administering or attempting to administer poison, in what cases
not within the jurisdiction of the quarter sessions, 59.
Admiralty, its jurisdiction of offences committed at sea, 11;
punishment of those offences, 12; warrant to apprehend
for them, 10; and form of it, 13; or the justice may
grant a summons, if he will, 13.
Admission of guilt, before or at the time of examination, in
indictable cases, caution given to the prisoner in respect
of, 51, 53.
Admission by the defendant of the truth of the information or
complaint, at the hearing, 133, 135.
Affirmation, instead of oath.
Agent, information or complaint may be by, 126.
Aiders in offences punishable upon summary conviction, how
prosecuted and punished, 113; information against, 113;
and the form of it, 114.
Alderman of London, may sit alone, as justice of the peace,
87, 186.
Alderney, island of, backing of warrants, in and from, 38;
stat. 11 & 12 Vict. c. 43, not to extend to it, except as to
the backing of warrants, 189.
Allowance of constable's expenses, by justices, 81.
Answer of defendant to information or complaint, may be by
counsel or attorney, 128.
Answer to questions, witness refusing to make, punishment, in
indictable cases, 43, 45; in cases of summary conviction,
&c. 117, 118.
Appeal against a conviction or order, costs of, how recovered,
174, 175; form of the order for them, 174; certificate of
the clerk of the peace, of their being unpaid, 176, war-
rant of distress for them, 177; warrant of commitment
for want of distress, 177; why warrants issued by
justices out of sessions, 176.
Appeal, conviction or order confirmed upon, no action against
the justice convicting, &c. 199.
Appearance before the magistrate, in obedience to a summons,
in indictable cases, 48; if the party fail to appear,
warrant may issue, 6.
Appearance before a magistrate, in obedience to a summons,
in summary cases, 129, 130; if the party fail to ap-
pear, a warrant may issue, 101, 129, 131, or the magis-
trates may proceed ex parte, 101, 103, 129.
Appearance, failure of, in pursuance of a recognizance, upon
the case being adjourned,-in indictable cases, 64; in
summary cases, 107, 122, 130, 146.
Appearance cures every defect in a summons, or in the serving
of it, 102.
Appearance of defendant, at the return of a warrant of dis-
tress, how procured, 156, 157.
Applications for orders, ex parte, not within stat. 11 & 12 Vict.
c. 43-p. 96.
Application to the court of Queen's Bench for a rule, requir-
ing a justice to do a particular act, 197; if made abso-
lute, and the justice do the act, he is not liable to an
action for doing it, 198.
Apprehension, warrant for. See "Warrant to Apprehend."
Apprehension for an indictable offence, under a warrant,
where, 30; by whom, 30; where and by whom, in the
case of a backed warrant, 33, 34, 37, 40, 41; before whom
party to be brought, 33, 35, 39.
Apprehension under a warrant, in summary cases, where, 105;
by whom, 106; where and by whom, where the warrant
is backed, 106.
Arraigns, clerk of, the proper officer from whom to get cer-
tificate of indictment being found, 16, 17.
Arrest without warrant, 8.
Assault with intent to commit a felony, not within the juris-
diction of the quarter sessions, 58; discretionary with jus-
tices to bail for, 72.
Assault upon a peace officer in the execution of his duty, or
upon any person acting in his aid,-discretionary with
justices to bail for, 72.
Assault in pursuance of a conspiracy to raise wages,-discre-
tionary with justices to bail for, 72.
Assizes, binding the prosecutor and witnesses over to, 55; in
all cases where the quarter sessions have no jurisdiction,
Assizes, judge at, may grant a prisoner a copy of the deposi-
tions against him, 84.
Assistants to constable executing a warrant, 82.
Attempt to commit felony, or to obtain money by false pre-
tences,-discretionary with justices to bail for, 72.
Attendance of constable, to prove the service of a summons,
96, 98.
Attendance of defendant, upon summons. See Appear-
ance."
Attorney may act, in summary cases, for informant or claimant,
126, 128; or for the defendant, 128, 55; but his appear-
ance for defendant, does not dispense with the personal
appearance of the defendant, if the justices require it, 131.
Authority of constable, under a backed warrant, 34, 37, 38,
39, 41.
Attorney may act before the justices in indictable cases, if the
justices permit it, 55; but the permission may be denied,
and why, 55.
Backing warrants, 32, 34; in what cases, 32, 8, 12, 30; by
whom, 33; how, 33, and the form of the indorsement, 35;
what it authorizes, 33, 34; by whom and where the war-
rant may afterwards be executed, 33, 34. English war-
rants backed in Ireland, or Irish warrants backed in
England, 36. English warrants backed in the Isles of
Man, Guernsey, Jersey, Alderney or Sark, 37, or warrants
from any of these islands backed in England, 38. English
or Irish warrants backed in Scotland, 39, 42. Scotch
warrants backed in England or Ireland, 41, 42.
Backing a warrant against a witness, 43; the like, in sum-
mary cases, 116, 118.
Backing warrants in summary cases, same as in cases of in-
dictable offences, 106, 108, 163, 166; form of the indorse-
ment, 111.
Backing warrants of distress, 152; in what cases, 152; for
a poor rate, 212; by whom, 153; form of the indorse-
ment, 156; what it authorizes, 153.
Bail, in what cases, 72, 74, 75, 13, 15:-in felony and certain
misdemeanors, discretionary with justices to admit to, 72;
in other misdemeanors, party entitled to be bailed, 74;
in treason, justices cannot bail, 74. Prisoner, how
bailed, 73, 75; form of the certificate of the consent
to bail, by the committing justice, indorsed on the com-
mitment, 77, the like on a separate paper, 77. Bail,
how taken, 75; form of the recognizance and condition,
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