c. 42.

borough, or place, to answer to the said charge or complaint, and to be 11 & 12 VICT. 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." (a)

hend for offences

Sect. 2. "And be it enacted, that in all cases of indictable crimes or Warrant to appreoffences of any kind or nature whatsoever committed on the high seas, or committed on the in any creek, harbour, haven, or other place in which the Admiralty of high seas or England have or claim to have jurisdiction, and in all cases of crimes or abroad. 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." (b)

hend a party

found.

Sect. 3. "And be it enacted, that where any indictment shall be found Warrant to appreby the grand jury in any court of oyer and terminer or general gaol against whom an delivery, or in any court of general or quarter sessions of the peace, indictment is against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as clerk of the indictments at such court of oyer and terminer or gaol delivery, or as clerk of the peace at such sessions, at which the said indictment shall be found, shall at any time afterwards, after the end of the sessions of oyer and terminer or gaol delivery or sessions of the peace at which such indictment shall have been found, upon application of the prosecutor, or of any person on his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor or person a certificate (F.) of such indictment having been found; and upon production of such certificate to any justice or justices of the peace for any county, riding, division, liberty, city, borough, or place in which the offence shall in such indictment be alleged to have

(a) The offences themselves comprise all those for which a party may be indicted. The powers here conferred upon a justice of the peace exceed those ever before possessed by him-being now invested with functions to apprehend in classes of cases in which heretofore he had no ability to interfere-and thus he may now summon or apprehend on a charge of libel, perjury, nuisance, &c.

This section also empowers a justice to issue his warrant in the first instance in every case of an indictable offence, but it requires a charge or complaint to be first made. Nothing, however, is said in this clause as to when the complaint need be in writing and upon oath. The 8th section, however, enacts that in all cases where a charge or complaint shall be made, and it is intended to issue a warrant in the first instance, the information must be in writing and upon oath; but that in all cases where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that the information or complaint should be in writing or sworn to; but that in every such case it may be by parol merely (see sect. 8, post). It may, however, here be properly remarked, that although the act does not require the complaint where a summons only is to issue, to be in writing or upon oath, it is quite in the discretion of the justices to take it both in writing and upon oath, and many cases will suggest themselves in which it will be prudent for them so to take it.

It will be seen that by the proviso at the end of this section, power is given to the justices to issue a warrant before the return of the summons, should they think it desirable to do so. It would be necessary, however, that where a warrant thus issues, a complaint should be taken in writing and upon oath.

(b) This section does not give the justice any discretion as to issuing a summons, but requires him in all cases to issue his warrant.

c. 42.

be already in

11 & 12 VICT. been committed, or in which the person indicted in and by such indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such justice or justices, and he and they are hereby required, to issue his or their warrant (G.) to apprehend such person so indicted, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law, and afterwards, if such person be thereupon apprehended and brought before any such justice or justices, such justice or justices, upon its being proved upon oath or affirmation before him or them that the person so apprehended is the same person who is charged and named in such indictment, shall, If person indicted without further inquiry or examination, commit (H.) him for trial, or admit him to bail, in manner hereinafter mentioned; or if such person so indicted shall be confined in any gaol or prison for any other offence than that charged in the said indictment, at the time of such application, and production of the said certificate to such justice or justices as aforesaid, it shall be lawful for such justice or justices and he and they are hereby required, upon it being proved before him or them upon oath or affirmation that the person so indicted and the person so confined in prison are one and the same person, to issue his or their warrant (I.) directed to the gaoler or keeper of the gaol or prison in which the person so indicted shall then be confined as aforesaid, commanding him to detain such person in his custody 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 shall otherwise be removed or discharged out of his custody by due course of law."

prison for some other offence,

justice may order

him to be detained until

removed by writ

of habeas.

Power to justice

to issue warrants on Sundays.

Justices for ad

&c., may act as such for one county, &c.,

while residing in another.

All acts of justice, &c., to be valid.

Sect. 4. " And be it enacted, that 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.'

دو

Sect. 5. "And be it enacted, that in cases where a justice of the peace joining counties, for any county, riding, division, liberty, city, borough, or place, shall be also justice 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 for 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 authorized and required to obey the warrants, orders, directions, act or acts of such justice which in that behalf shall be granted, given, or done, and to do and perform 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 and before any such justice 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, and the said constables and other peace officers, and all such other persons as aforesaid, are hereby authorized and required in all such cases so to act in all things as if the said justice of the peace were within the said county, riding, division, libérty, city, borough, or place for which he shall so act."

Constables, &c., apprehending offenders in one such county, &c.,

may take them before such justice in the

adjoining county, a justice in both.

&c., if he act as

c. 42. Justices for a county, &c., may

place of exclusive

Sect. 6. "And be it enacted, that it shall be lawful for any justice or 11 & 12 VICT. 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 act for it in an county, riding, or division respectively, and that all and every such act adjoining city or and acts, matters and things, to be so done by such justice or justices jurisdiction. 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, Not to give that nothing in this act contained shall extend to give power to the power to act, &c., justices of the peace for any county, riding, or division, not being also &c., arising withjustices for such city, town, or other precinct, or not having authority in the same. 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 manner whatsoever."

in any matters,

powers given to

counties, under

Sect. 7. "And whereas doubts have arisen whether the powers given For removal of to justices by an act passed in the session of Parliament held in the doubts as to second and third years of the reign of Her present Majesty, intituled justices, &c., in An Act for the better Administration of Justice in detached parts of detached parts of Counties, are applicable to cases of summary jurisdiction and to acts 2 & 3 Vict. c. 82. merely ministerial: be it hereby declared and enacted, that 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 required to obey the warrants, orders, and acts of such justice or justices, and to perform their several duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty."

to be laid before

issued instead,

Sect. 8. "And be it enacted, that in all cases where a charge or com- When charge, &c., is made, if a plaint for any indictable offence shall be made before such justice or warrant is to be justices as aforesaid, if it be intended to issue a warrant in the first issued, informainstance against the party or parties so charged, an information and tion, &c., on oath, complaint thereof (A.) in writing, on the oath or affirmation of the justices. 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 If summons to be is intended to issue a summons instead of a warrant in the first instance, information, &c., it shall not be necessary that such information and complaint shall be in not necessary to writing, or be 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 objection shall be taken or allowed to No objection any such information or complaint for any alleged defect therein in allowed for substance or in form, or for any variance between it and the evidence alleged defect in adduced on the part of the prosecution before the justice or justices who shall take the examination of the witnesses in that behalf, as hereinafter mentioned."

be on oath.

form.

or warrant for appearance of

Sect. 9. "And be it enacted, that upon such information and complaint Upon complaint being so laid as aforesaid the justice or justices receiving the same being laid, justices receiving may, if he or they shall think fit, issue his or their summons or the same may warrant respectively as hereinbefore is directed to cause the person issue summons 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, person charged. 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 information, and shall require the party to whom it is so directed to be and appear at a certain time and place therein mentioned before the

c. 42.

How summons to be served.

If party summoned do not attend, justice may issue a

pel attendance.

11 & 12 VICT. 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 warrant to com- 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 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 meantime to remand the party so charged, or admit him to bail, in manner hereinafter mentioned." (a)

No objection allowed for

alleged defect in form, &c.

Warrant to appre

hend parties to be

under hand and seal of justice.

How warrant to

be directed and to whom.

Sect. 10. "And be it declared and enacted, that every warrant (B.) hereafter to be issued by any justice or justices of the peace to apprehend any person charged with any indictable offence shall be under the hand and seal or 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 within 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 information, and to be further dealt with according to law; and it shall not be necessary to make such warrant

(a) This section furnishes forms (C. and D.) for the summons and warrant, and requires these processes to be executed by a constable or other peace officer who is to effect personal service if possible, and if not, to leave the summons with some person for the defendant at his last or most usual place of abode. The clause does not point to any particular interval between the service of the summons and the time for appearance, but a reasonable time should of course be allowed; and, inasmuch as a disobedience to the summons may be followed by the issuing of a warrant to apprehend, reasonable efforts should be made to effect personal service in the first instance, or if these are unavailing, great care should be used in the substituted service, by leaving the summons for the defendant as mentioned. If, however, at the time appointed for the hearing, the justice should not feel satisfied that the summons has been duly served, or thinks that the absence of the party may be accidental, and not perverse, it is quite competent to him to issue a fresh summons instead of a warrant.

C. 42.

How and where

allowed for alleged defect in form, &c.

returnable at any particular time, but the same may remain in force until 11 & 12 VICT. it shall be executed; and such warrant may be executed by apprehending the offender at any place within the county, riding, division, liberty, city, borough, or place within which the justice or justices issuing the same warrant may be shall have jurisdiction, or in case of fresh pursuit at any place in the next executed. 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, headborough, tithingman, borsholder, 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 jurisdiction for which such justice or justices shall have acted when he or they granted such warrant, in like manner as if such warrant were directed specially to such constable by name, and notwithstanding 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: provided always, that no objection shall be taken or allowed to any such No objection 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 meantime to remand the party so charged, or to admit him to bail, in manner hereinafter mentioned." Sect. 11. "And be it enacted, that if the person against whom any Regulations as to such warrant shall be issued as aforesaid shall not be found within the jurisdiction of the justice or justices by whom 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 be supposed or suspected to be, upon proof alone being made on oath of the handwriting of the justice issuing such warrant, to make an indorsement (K.) on such warrant, signed with his name, authorizing the execution 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 apprehended, before the justice and 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 therein to have been committed: pro- Proviso. vided always, that if the prosecutor, or any of the witnesses upon the part of the prosecution, shall then be in the county or place where such 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

the backing of warrants.