Session and Chapter.

SECOND SCHEDULE.

Title.

Extent of Repeal.

10 & 11 Vict. c. 82. An Act for the more The whole Act.

13 & 14 Vict. c. 37. An Act for the further The whole Act, in so far extension of Summary as relates to England. Jurisdiction in cases of Larceny.

18 & 19 Vict. c. 126 An Act for diminishing

Expense and Delay in
the Administration of
Criminal Justice in cer-
tain cases.

27 & 28 Vict. c. 80. An Act to extend the

Provisions of the Crimi-
nal Justice Act, 1855,
to the Liberties of the
Cinque Ports, and to
the District of Romney
Marsh, in the County of
Kent.

27 & 28 Vict. c. 110 An Act for the Amend

ment of the Law relating
to the Mitigation of Pen-
alties.

The whole Act, in so far
as relates to England,
except sections eigh-
teen, twenty, twenty-
two, twenty-three, and
twenty-four.
The whole Act.

The whole Act, so far as relates to England.

28 & 29 Vict. c. 127 An Act to amend the Law The whole Act.

relating to Small Penal-
ties.

31 & 32 Vict. c. 116 An Act to amend the Law

relating to Larceny and
Embezzlement.

34 & 35 Vict. c. 78. An Act to amend the Law

respecting the Inspection
and Regulation of Rail-
ways.

Section two, in so far as relates to England.

Section thirteen, in so far as relates to England.

THE SUMMARY JURISDICTION (PROCESS) ACT, 1881.
(44 & 45 VICT, C. 24.)

An Act to amend the Law respecting the service of Pro-
cess of Courts of Summary Jurisdiction in England
and Scotland.
[18th July, 1881.]

Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present parliament assembled, and
by the authority of the same, as follows:

1. This act may be cited as the Summary Jurisdiction (Pro- Short title. cess) Act, 1881.

This act shall be deemed to be included in the expressions "Summary Jurisdiction Acts" and " (English) Acts."

2. This Act shall not apply to Ireland.

Summary Jurisdiction

Extent of Act.

3. This act shall come into operation on the first day of CommenceOctober, 1881 (which day is in this act referred to as the com- ment of Act. mencement of this act).

4. Subject to the provisions of this act, any process issued Service of under the Summary Jurisdiction Acts may, if issued by a court process of English court of summary jurisdiction in England and endorsed by a court of in Scotland summary jurisdiction in Scotland, or issued by a court of sum- and of Scotch mory jurisdiction in Scotland and endorsed by a court of court in summary jurisdiction in England, be served and executed within England. the jurisdiction of the endorsing court in like manner as it may be served and executed within the jurisdiction of the issuing court, and that by an officer either of the issuing or of the endorsing court.

For the purposes of this act

(1.) Any process may be issued and endorsed under the hand
of any such person as is declared by this act to be a
court of summary jurisdiction, and may be endorsed
upon proof alone of the handwriting of the person
issuing it, and such proof may be either on oath or
by such solemn declaration as is mentioned in section
forty-one of the Summary Jurisdiction Act, 1879, or
by any like declaration taken in Scotland before a
sheriff, justice of the peace, or other magistrate having
the authority of a justice of the peace. Such indorse-
ment may be in the form contained in the schedule
to this act annexed, or in a form to the like effect:
(2.) Where any process requiring the appearance of a person
to answer any information or complaint has been
served in pursuance of this section, the court, before

M.

L L

Provision as to execution of process.

Provision as to bastardy proceedings in England' and Scotland.

issuing a warrant for the apprehension of such person for failure so to appear, shall be satisfied on oath that there is sufficient primâ facie evidence in support of such information or complaint :

(3.) If the process is to procure the attendance of a witness, the court issuing the process shall be satisfied on oath of the probability that the evidence of such witness will be material, and that the witness will not appear voluntarily without such process, and the witness shall not be subject to any liability for not obeying the process, unless a reasonable amount for his expenses has been paid or tendered to him:

(4.) This act shall not apply to any process requiring the appearance of a person to answer a complaint if issued by an English court of summary jurisdiction for the recovery of a sum of money which is a civil debt within the meaning of the Summary Jurisdiction Act, 1879, or if issued by a Scotch court in a case which falls within the definition of "civil jurisdiction" contained in the Summary Procedure Act, 1864.

5. Where a person is apprehended under any process executed in pursuance of this act, such person shall be forthwith taken to some place within the jurisdiction of the court issuing the process, and be there dealt with as if he had been there apprehended.

A warrant of distress issued in England when endorsed in pursuance of this Act shall be executed in Scotland as if it were a Scotch warrant of poinding and sale, and a Scotch warrant of poinding and sale when endorsed in pursuance of this act shall be executed in England as if it were an English warrant of distress, and the enactments relating to the said warrants respectively shall apply accordingly, except that any account of the costs and charges in connection with the execution, or of the money levied thereby or otherwise relating to the execution, shall be made, and any money raised by the execution shall be dealt with in like manner as if the warrant had been executed within the jurisdiction of the court issuing

the warrant.

6. A court of summary jurisdiction in England and a sheriff court in Scotland shall respectively have jurisdiction by order of decree to adjudge a person within the jurisdiction of the court to pay for the maintenance and education of a bastard child of which he is the putative father, and for the expenses incidental to the birth of such child, and for the funeral expenses of such child, notwithstanding that such person ordinarily resides, or the child has been born, or the mother of it ordinarily

resides, where the court is English, in Scotland, or where the court is Scotch in England, in like manner as the court has jurisdiction in any other case.

Any process issued in England or Scotland to enforce obedience to such order or decree may be endorsed and executed in Scotland and England respectively in manner provided by this act with respect to process of a court of summary jurisdiction.

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.

7. This act shall be in addition to and not in derogation of Saving. any power existing under any other act relating to the execution of any warrant or other process in England and Scotland respectively.

Definitions.

8. In this act, unless the context otherwise requires,— The expression "process" includes any summons or warrant of citation to appear either to answer any information or complaint, or as a witness; also any warrant of commitment, any warrant of imprisonment, any warrant of distress, any warrant of poinding and sale, also any order or minute of a court of summary jurisdiction or copy of such order or minute, also an extract decree, and any other document or process, other than a warrant of arrestment, required for any purpose connected with a court of summary jurisdiction to be served or executed. The expression "Summary Jurisdiction Acts" as regards 42 & 43 Viet. England has the same meaning as in the Summary Jurisdiction c. 49. Act, 1879, and as regards Scotland, means the Summary Procedure Act 1864, and any act, past or future, amending that Act.

The expression "sheriff" shall include sheriff substitute.

The expression "court of summary jurisdiction" means any justice of the peace, also any officer or other magistrate having the authority in England or Scotland of a justice of the peace, also in Scotland the sheriff.

The expression "officer of a court of summary jurisdiction means the constable, officer, or person to whom any process issued by the court is directed, or who is by law required or authorized to serve or execute any process issued by the court.

27 & 28 Vict.

c. 53.

SCHEDULE.

INDORSEMENT IN BACKING A PROCESS.

WHEREAS proof hath this day been made before me, one of Her Majesty's justices of the peace [sheriff or other magistrate] for the [county or burgh] of that the name of A.B. to the within warrant [or summons or order or minute, or copy of order or minute or other document] subscribed is of the handwriting of the justice of the peace [sheriff or other magistrate] within mentioned, I do therefore hereby authorize C.D. who bringeth to me this warrant [or summons or order or minute, or copy of order or minute or other document], and all other persons by whom the same may be lawfully served [or executed], and also all constables and other peace officers of the said [county or burgh] of to serve and execute the same within the said last-mentioned [county or burgh]. Given under my hand this

day of

18.

THE SUMMARY JURISDICTION ACT, 1884.

(47 & 48 VICT. c. 43.)

ARRANGEMENT OF SECTIONS.

11 & 12 Vict. c. 43.

Short title.

Commencement of Act.

Repeal of obsolete punishments for nonpayment of fines and other sums of money.

Repeal of Acts in schedule.

Section.

1.

2.

3.

4.

6.

7.

8.

9.

5. Removal of doubts as to application of Summary Jurisdiction Acts. Application of provisions of 42 & 43 Vict, c. 49, respecting appeals to appeals under prior Acts.

Removal of doubt as to 42 & 43 Vict. c. 49, s. 50.

Extension of 42 & 43 Vict. c. 49, s. 30.

Removal of doubts as to effect of 45 & 46 Vict. c. 50, s. 227, or 42 & 43 Vict. c. 49, s. 38.

10. Saving for the recovery of poor rates, &c.

An Act to repeal divers Enactments rendered unnecessary by the Summary Jurisdiction Acts and other Acts relating to Proceedings before Courts of Summary Jurisdiction, and to make further provision for the uniformity of Proceedings before those Courts. [7th August, 1884.]

Whereas the Summary Jurisdiction Acts regulate the procedure before courts of summary jurisdiction and on appeals from