s. 1, service in all cases may be effected by delivering the summons to the party personally, or by leaving the same with some person for him at his last (q) or most usual place of abode. In these and the like cases leaving a copy at the house is sufficient (r), and the delivery may be to a person on the premises, apparently residing there as a servant (s). If, however, the service is under a statute limited in its operation to England and Wales, it must be made within their territorial limits; thus, an order in bastardy having proceeded on a summons, which had been served on the putative father in Scotland, was quashed on the ground that it had been made without jurisdiction (t). But now any bastardy order of a Court of summary jurisdiction in England may be registered in the books of a sheriff court in 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 (u). (9) Which means, present place of abode, if the party has any, and the last which he had, if he has ceased to have any; Ex parte Rice Jones, 1 L., M. & P. 357; 19 L. J., M. C. 151, S. C.; and see R. v. Higham, 7 El. & Bl. 557; 26 L. J., M. C. 116; R. v. Farmer, [1892], 1 Q. B. 637. Place of business is in general a place of abode within statutes providing for service of notices, &c. Mason v. Bibby, 33 L. J., M. C. 105; Flower v. Allen, 2 H. & C. 688; 33 L. J., Exch. 83. Service of any summons under the Mail Ships Act, 1891, is to be good service if made by leaving the summons for the person to be served on board the ship to which he belongs with the person being or appearing to be master of the ship; 54 & 55 Vict. c. 31, s. 7. Service of any summons, &c., under the Sea Fisheries Act, 1883, is to be good service if made personally on the person to be served, or at his last place of abode, or if made by leaving such summons for him on board any sea-fishing boat to which M. he may belong, with the person being or appearing to be in command or charge of such boat; 46 & 47 Vict. c. 22, s. 19. Any summons, order, or document may be served on a joint-stock company by leaving it, or sending it by post prepaid, addressed to the Company at their registered address; 25 & 26 Vict. c. 89, s. 62. As to service on a railway or on a company under the Companies Clauses Act, see 8 & 9 Vict. c. 16, s. 135; 8 & 9 Vict. c. 20, s. 138. (r) R. v. Chandler, 14 East, 267. (s) Id. ib. In R. v. Smith, L. R., 10 Q. B. 604; 33 L. T. 394, Quain, J., said, "If the service be otherwise than personal the nature of the summons must be explained to the person with whom it is left." (t) R. v. Lightfoot, 6 E. & B. 822; 25 L. J., M. C. 115. (u) 44 & 45 Vict. c. 24, s. 6. This Act does not enable a bastardy summons to be issued by justices in England and served in H The summons may be served by a constable, peace officer or other person to whom it has been delivered (x). The service, where no time is limited by the particular statute, should be made a reasonable time before the period appointed therein for appearance (y). In a case (~), where the defendant was a fisherman, and went to sea in pursuit of his calling on the 9th of March, and on the same day a summons for an assault was taken out against him, requiring him to appear to answer the charge upon the 12th. On that day, it having been proved that a summons was served on the defendant on the 10th, by leaving it with his mother at his usual place of abode, the justices convicted him in his absence. Upon the 9th of April he returned from sea, and was arrested under the conviction. The Court held that there was no evidence before the justices that a reasonable time had elapsed between the time of the service of the summons and the day for hearing the summons, and the justices had therefore no jurisdiction to convict; Cockburn, C. J., said :-" To convict an accused person unheard is a dangerous exercise of power, there being an alternative mode of procedure by issuing a warrant to apprehend him. Justices ought to be very cautious how they proceed in the absence of a defendant, unless they have strong grounds for believing that the summons has reached him, and that he is wilfully disobeying it." A summons issued by a justice in one jurisdiction may be legally sent to and served by the police in another Scotland upon the putative father domiciled and resident in Scotland; and if a summons is so served and the putative father does not appear before the justices, they have no jurisdiction to make a bastardy order against him: Berkley v. Thompson, 10 App. Cas. 45; 54 L. J., M. C. 57; 52 L. T. 1. (x) 11 & 12 Vict. c. 43, s. 1. (y) Id. ss. 2, 13; s. 10 of the "Sale of Food and Drugs Amendment Act, 1879" (42 & 43 Vict. c. 30) requires that summonses for the offences there referred to shall not be made returnable in a less time than seven days from the day of service. A summons under the Act is to be served within a reasonable time, and in case of a perishable article not exceeding 28 days from the time of purchase. (2) R. v. Smith, L. R., 10 Q. B. 604. jurisdiction, and a declaration of the service in such jurisdiction be sent to and received by the first jurisdiction in which the summons was issued, and will be legal evidence in the court of that jurisdiction (a). Upon being indorsed by a court of summary jurisdiction in Scotland the summons may be served in Scotland (b). due service, The sufficiency of the service is generally a question Question of for the justices to decide (c), and the Court will not inter- one for the fere with their decision, unless it clearly appear that there justice. was in fact no service (d), or that the defendant was not allowed the interval fixed by the particular statute between the service and the time limited for appearance (e), or that the justices have mistaken the law as to the kind of service required, and have, therefore, declined to entertain the matter (f). appearance. The foregoing rules, however, it should be observed, Effect of apply only to those cases where the defendant does not in fact appear: for, if he actually appears and pleads, there is no longer any question upon the sufficiency or regularity of the summons or its service (g). (a) 42 & 43 Vict. c. 49, s. 41. ' (b) 44 & 45 Vict. c. 24, s. 4. (c) In Re Williams, 21 L. J., M. C. 46, Erle, J., said, as a general rule, service at nine o'clock in the morning of one day to appear at eleven in the morning of the next day was a reasonable service; and see Ec parte Hopwood, 15 Q. B. 121; Zohrab v. Smith, 5 D. & L. 635; Robinson v. Lenaghan, Id. 713; 2 Exch. 333, S. C.; Ex parte Davies, 17 Jur. 577; and also 11 & 12 Vict. c. 43, s. 2. Effect of serving summons on wrong person; Kelly v. Lawrence, 3 H. & C. 1; 33 L. J., Exch. 197. (d) Ex parte Rice Jones, 1 L. M. & P. 357; 19 L. J., M. C. 151, S. C., where it was held by Mr. Justice Coleridge, that, although by 7 & 8 Vict. c. 101, s. 3, the justices had jurisdiction to make an order of affiliation "on proof that (e) Mitchell v. Foster, 12 A. & E. (f) R. v. Goodrich and others, 19 (g) 1 Str. 261; Taylor v. Clemson, Proof of service. Avoidance by death, &c. Summons not conviction. In a proceeding within the jurisdiction of a court of summary jurisdiction service of any summons, notice, process, or document, and the handwriting and seal of any justice or other officer or person may be proved by declaration (h). A summons is not avoided by reason of the justice who signed the same dying or ceasing to hold office (i). Criminal proceedings do not lapse by the death of the informant (k). Formerly it was necessary that the fact of the party recited in the having been summoned should be stated upon the conviction, unless he had appeared without any summons, although a different rule prevailed with regard to proceedings classed under the denomination of orders. In the latter case, if the justices had jurisdiction, the fact of the defendant having been summoned was presumed, unless the contrary appeared (1). The summons is not now mentioned in the conviction, and no objection can be taken to the summons for any defect in substance or in form, or for any variance between it and the evidence adduced at the hearing; but if such variance appears to the justices to have deceived or misled the defendant, the hearing may be adjourned (m). Not open to objection. Variance. Withdrawal of summons. Where an information had been laid for an assault and a summons thereon had been served on the defendant, but before the day of hearing the informant gave the defendant notice that the summons was withdrawn, it was held that the magistrates were justified in dismissing the in s. 13. Where what is assumed to be (h) 42 & 43 Vict. c. 49, s. 41, (i) 42 & 43 Vict. c. 49, s. 37. 336; 49 L. J., M. C. 57. (1) R. v. Venables, 2 Ld. Raym. 1405; 8 Mod. 378; 1 Str. 640; Sess. Cas. 210; and see R. v. Allington, 1 Str. 678; R. v. Austin, 8 Mod. 309. (m) 11 & 12 Vict. c. 43, s. 1. The cases in which a warrant may issue to enforce an order duly made against a defendant, without further notice or summons, are collected ante, p. 21, n. (m). formation and granting to the defendant a certificate of dismissal under 9 Geo. 4, c. 31 (n). Where two informations were laid against a defendant, one for the rescue of a person arrested by a police officer, and the other for an assault committed on the police officer in making the rescue, the withdrawal of the information for the rescue was held not to operate as a withdrawal of the one for the assault (o). SECT. 4.—Of the Apprehension, Appearance, or Default. answer. For offences merely arising by penal statutes, and not Apprehension connected with any breach of the peace, a justice had no of offender to authority, as necessarily incident to the cognizance of the offence, to apprehend the accused in the first instance (p), or even after a summons and default, but could only summon him to attend, and in default of his appearance proceed ex parte. In some cases, however, suspected Arrest offenders might and still may be apprehended and brought warrant. before a magistrate without warrant or previous summons (q). Thus by 24 & 25 Vict. c. 96 (the Criminal Law a (n) Now 24 & 25 Vict. c. 95; Vaughton v. Bradshaw, 9 C. B., N. S. 103; 30 L. J., C. P. 93. The dismissal under such circumstances was also held to be " hearing" of the case, so as to render the certificate a bar to an action for the assault. See also R. v. Church-Knowle, 7 A. & E. 479; and R. v. Stamper, 1 Q. B. 119. (0) Galliard v. Saxton, 2 B. & S. 363; 31 L. J., M. C. 123. (p) The power to issue a warrant in the first instance applies only to cases punishable on conviction, and not to proceedings for an order, 11 & 12 Vict. c. 43, s. 2. (q) See Gelan v. Hall, 2 H. & N. 379; 27 L. J., M. C. 78. A constable may arrest without warrant and take before a justice any person whom he finds committing an offence against the byelaws of the London County Council, relating to particular nuisances and who without |