of convictions By 12 & 13 Vict. c. 45, s. 7, after reciting that "in Amendment many cases, where justices of the peace are by law em- and orders. powered to make orders or to give judgments (c), great expense and frequent failures of justice have been occasioned by reason that such orders or judgments have, on appeal to the general or quarter sessions of the peace, or on removal by certiorari into the Court of Queen's Bench, been quashed or set aside upon exceptions or objections to the form of the order or judgment, irrespective of the truth and merits of the matter in question," it is enacted "that, if upon the trial of any appeal to any Court of general or quarter sessions of the peace against any order or judgment made or given by any justice or justices of the peace, or if upon the return to any writ of certiorari any objection shall be made on account of any omission or mistake in the drawing up of such order or judgment, and it shall be shown to the satisfaction of the Court that sufficient grounds were in proof before the justice or justices making such order or giving such judgment to have authorized the drawing up thereof free from the said omission or mistake, it shall be lawful for the Court, upon such terms as to payment of costs as it shall think fit, to amend such order or judgment, and to adjudicate thereupon as if no such omission or mistake had existed; provided always, that no objection on account of any such order or judgment brought up upon a return to a writ of certiorari shall be allowed, unless such omission or mistake shall have been specified in the rule for issuing such certiorari" (d). This Act only applies to a mistake in drawing up the order and not to a mistake in point of substance (e). The justice ought regularly, in every instance, but more Conviction to particularly where any part of the penalty is given to the be filed at sessions. Publication of convictions. Queen, to return a record of his conviction to the sessions, whether the party appeals or not, or whether any appeal be given by the statute or not (f). This is required by 11 & 12 Vict. c. 43, s. 14. On one occasion, the Court of Queen's Bench, while refusing a rule to the magistrate's clerk to return summary convictions (on the ground that he was a mere servant in the matter), expressed an opinion that the justices would be liable to have a rule granted against them, or even to an indictment, if they refused to return to the sessions a conviction made by them (g). If the magistrate, after receiving due notice of appeal, neglects to return the conviction, whereby the party is prevented from prosecuting his appeal, he is liable, in an action on the case, for the special damage (h). It will be observed that the 14th section of 11 & 12 Vict. c. 43, does not fix any time for the conviction to be returned and filed, and where a statute required it to be done at the "next Quarter Sessions," the words were held to be directory, not imperative, as to the time (¿). Some statutes provide that where a person is convicted of an offence, the Court may if it thinks fit, cause the conviction to be published in such manner as it thinks desirable (k). (f) R. v. Eaton, 2 T. R. 285. (h) Proser v. Hyde, 1 T. R. 414. (i) Charter v. Greame, 13 Q. B. 216; Mason v. Barker, 1 C. & Kir. 100, 107; and see ante, p. 40, n. (d). The provision, however, in 26 Geo. 2, c. 14, which requires that a table of fees shall be prepared at one sessions and approved at "the next succeeding quarter sessions," is imperative; Bowman v. Blyth, 7 E. & B. 26; 27 L. J., M. C. 21. (k) See Weights and Measures Act, 1889, s. 14; Sale of Bread Act, 1836 (6 & 7 Will. 4, c. 36), and Adulteration of Seeds Act, 1869, s. 3. Under the Public Health (London) Act, 1891, the Court may, under certain circumstances, order a notice of the conviction to be affixed to the premises of a person convicted of selling or exposing for sale unsound food. SECT. 1.-Of the Recognizance. THE proceedings ulterior to the conviction are either, on the side of the prosecution, in furtherance of the conviction, or, on behalf of the party convicted, for reversal or relief. The business of the present chapter will be to describe the several modes of enforcing the object of conviction, viz., by recognizance, distress and commitment, the last of which is either a primary punishment or only secondary to a pecuniary one. The powers of the convicting magistrate are confined, Recognizance against future in general, to enforcing the punishment (a) for the par- offence. ticular offence against which judgment has passed, the usual jurisdiction of the magistrate not enabling him to compel the offender to give security against a future breach of the law. Where a magistrate has power to require a party brought before him to enter into a recognizance to keep the peace, the Queen's Bench Division will not interfere with his discretion in that respect (b). Where a statute (the Night Poaching Act, 9 Geo. 4, c. 69, s. 1) empowered a magistrate to require sureties (a) But (as we have seen, ante, p. 203,) there are exceptions to this rule under 24 & 25 Vict. c. 96, s. 108, and 24 & 25 Vict. c. 97, s. 66. (b) R. v. Tregarthen, 5 B. & Adol. 678; 2 Nev. & M. 379; see R. v. Dunn, 12 A. & E. 559. Sureties to keep the peace. from the offender " for his not so offending again," and the warrant adjudged him to find sureties that he would "not offend again" generally, it was held to be bad (c). And where a Court of Quarter Sessions made an order that the defendants should enter into recognizances before a magistrate to keep the peace, but did not direct that in default of finding sureties they should be committed, and on the defendants declining to enter into recognizances the magistrate committed them, it was held that he had no jurisdiction to do so (d). Formerly when articles of the peace were exhibited against any person, the person against whom they were exhibited could not give evidence before the justices in contradiction of the facts stated in such articles (e); but the Summary Jurisdiction Act, 1879, now provides that the complainant and defendant and witnesses may be called and examined, and cross-examined as in the case of any other complaint (f). If it appears on oath to the satisfaction of the justices that the complainant has been threatened, it is their duty to require recognizances to be entered into to keep the peace (g). Where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace, and observing some other condition, or to do any of such things, the Court may dispense with any such requirement or any part thereof (h). (c) Re Reynolds and another, 1 D. & L. 846; 13 L. J., M. C. 65. Another objection taken to the warrant was, that it required two defendants to find sureties, not only each for his own conduct, but also for the conduct of the other; but there was no decision on this point; see Cureton v. The Queen, B. & S. 208; 30 L. J., M. C. 149, 152. See, as to sureties to keep the peace, Ex parte Aston, 12 M. & W. 456; Prickett v. Gratrex, 8 Q. B. 1020; R. v. JJ. Huntingdonsh., 14 L. J., M. C. 99; R. v. Deny and others, The procedure for enforcing of recognizances is now Enforcing recognizances. provided by s. 9 of the Summary Jurisdiction Act, 1879, and is as follows:-" Where a recognizance is conditioned for the appearance of a person before a Court of summary jurisdiction, or for his doing some other matter or thing to be done in, to, or before a Court of summary jurisdiction, or in a proceeding in a Court of summary jurisdiction, such Court, if the said recognizance appears to the Court to be forfeited, may declare the recognizance to be forfeited, and enforce payment of the sum due under such recognizance in the same manner as if the sum were a fine adjudged by such Court to be paid which the statute provides no means of enforcing, and were ascertained by a conviction (i). Provided that at any time before the sale of goods under a warrant of distress for the said sum, the said Court of summary jurisdiction, or any other Court of summary jurisdiction for the same county, borough, or place, may cancel or mitigate the forfeiture, upon the person liable applying, and giving security to the satisfaction of the Court for the future performance of the condition of the recognizance, and paying or giving security for payment of the costs incurred in respect of the forfeiture, or upon such other conditions as the Court may think just. (2.) Where a recognizance conditioned to keep the Forfeiture of recognizance peace or to be of good behaviour, or not to do or commit to keep the some act or thing, has been entered into by any person as peace. principal or surety before a Court of summary jurisdiction, that Court or any other Court of summary jurisdiction acting for the same county, borough, or place, upon proof of the conviction of the person bound as principal by such recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge such recognizance to be forfeited, and adjudge the persons bound thereby, whether as principal or sureties, or any of (2) See Form 38 in schedule to post, Appendix. Summary Jurisdiction Rules, 1886, |