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SECT. 1.-On the General Effect of the Summary
Jurisdiction Acts, 1848 and 1879.

IN the present chapter, we shall take a view of the proceedings before justices preliminary to judgment and conviction, but before doing so, we propose to consider generally the applicability and effect of the Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), and the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), which materially influence such proceedings at every stage.

The procedure in Courts of Summary Jurisdiction is regulated by the 11 & 12 Vict. c. 43 (The Summary Jurisdiction Act, 1848), and 42 & 43 Vict. c. 49 (The Summary Jurisdiction Act, 1879), and 47 & 48 Vict. c. 43 (The Summary Jurisdiction Act, 1884) (a).

The Summary Jurisdiction Act, 1848, forms one of a series known as Jervis's Acts (b), from their having been introduced into Parliament by Sir John Jervis, formerly

(a) The whole of these statutes will be found in the Appendix.

(b) 11 & 12 Vict. cc. 42, 43, 44.

Chief Justice of the Court of Common Pleas, who then filled the office of Attorney-General; it is entitled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders," and recited that it would conduce to the improvement of the administration of justice if the several statutes thereon were consolidated, with such additions and alterations as might be deemed necessary, and that such duties should be clearly defined by positive enactment. In accordance with these objects, its provisions simplify and render uniform the procedure before justices relating to summary convictions and orders, prevent technical objections from being taken to them, and determine with certainty many questions of doubt and difficulty which existed at the time. of the passing of the statute.

The sections are, in some instances, general in their terms, referring to "all cases where an information shall be laid" (c); but, as we have seen, these words still seem to render in other respects the proceedings liable to the express requirements of the statutes on which they are founded (d): other sections in terms leave the proceedings subject to such special statutes, e. g., informations may be laid without oath "unless some particular act of parliament shall otherwise require" (e); while to others a retrospective and controlling effect is expressly given.

The important changes in the law made by the Summary Jurisdiction Act, 1879, are stated at the end of the Introduction to this work (ƒ). The Summary Jurisdiction Act, 1884 (g), is principally a repealing and explanatory Act. The Forms to be used in proceedings under the Summary Jurisdiction Acts are contained in the schedule to Summary Jurisdiction Rules, 1886 (h).

(c) Sect. 1, &c.

(d) Ante, p. 38, n. (u).

(e) Sect. 10; and see sects. 11, 12, 19, 21.

The Act is

(f) Ante, p. 14.
printed in the Appendix.
(g) Post, Appendix.
(h) Post, Appendix.

Provision is made by the Summary Jurisdiction (Process) Act, 1881, for service of the process of an English Court of summary jurisdiction in Scotland, and for a Scotch Court in England, and for dealing with persons apprehended under any process executed in pursuance of the Act; and as to executing distress warrants (i).

statutes

The Summary Jurisdiction Acts extend to England and Places and Wales and the town of Berwick-upon-Tweed, but not to exempt from Scotland or Ireland, or to the Isle of Man, Jersey, Guern- the act. sey, Alderney or Sark, except the several provisions Operation of respecting the indorsement of warrants (k).

act.

exempt from

The Summary Jurisdiction Acts also do not extend to— Matters 1. Warrants and orders for the removal of poor persons the act. chargeable to any parish, township or place (1).

Removal of

Lunatics.

2. Complaints and orders made with respect to lunatics, the poor. or the expenses incurred for the lodging, maintenance, medicine, clothing or care of any lunatic or insane person. 3. Complaints, orders and warrants in matters of bas- Bastardy. tardy made against the putative father, except such of the provisions as relate to the backing of warrants for compelling the appearance of such putative father, or warrants of distress, or to the levying of sums ordered to be paid, or to the imprisonment of a defendant for nonpayment of the same. Also except as to arrears, proof of service of summonses, and other documents and appeal (m). Until the passing of the Summary Jurisdiction Act, 1879, the act of 1848, did not extend to informations, complaints or other proceedings under any statutes relating to the excise, customs, stamps, taxes, or post-office (n).

There is a class of cases in which a special and extraordinary duty is cast upon justices, which are not within

(i) 44 & 45 Vict. c. 24.

(k) 11 & 12 Vict. c. 43. Sect. 37, ante, p. 25 et seq. (7) Sect. 35. This exemption, however, does not include an order for costs of maintenance consequent on an order of removal, and thereore a complaint of the nonpay

ment of such costs must be made
within six months according to
sect. 11 of 11 & 12 Vict. c. 43.
Hill v. Thorncroft, 30 L. J., M. C.
52.

(m) 42 & 43 Vict. c. 49, s. 54.
(n) 42 & 43 Vict. c. 49, s. 2.

the Summary Jurisdiction Acts, such, for instance, as in the case of forcible entry, the proceedings upon view where a tenant deserts premises leaving no distress to countervail the arrears of rent, the recovery of premises by the landlord upon the determination of the tenancy, and the view and proceedings where a highway is to be stopped up or diverted. The enforcing payment of poor and highway rates is not within the operation of the act, but general forms for this purpose were given in an act passed in the next session, 12 Vict. c. 14. It was doubted whether the 11th section of 11 & 12 Vict. c. 43, limiting the period for making a complaint, &c., to six calendar months after the matter of complaint arose, extended to proceedings by auditors of Poor Law districts to recover sums certified by them to be due in the accounts of officers and others; and to remove such doubts, it was enacted by 12 & 13 Vict. c. 103, s. 9, that this limitation clause should not apply to such proceedings, but that they should be commenced within nine calendar months (o). The provisions of s. 11 of 11 & 12 Vict. c. 43, do not extend to recovery of poor The matter was, however, left in some doubt till the recent decision in R. v. Price (p), which decided that a justice of the peace sitting to issue a warrant of distress for the recovery of poor rates, is not a Court of summary jurisdiction within the meaning of the Summary Jurisdiction Act, 1879, and the provisions contained in that statute in no way apply to proceedings for recovery of poor rates (q). An adjudication by two justices under the Lands Clauses Consolidation Act, 1845, and the Railway Clauses Consolidation Act, 1845, of the sum (below 501.) to be paid by a railway company as compensation to a party whose lands have been injuriously affected by the exercise of their statutory powers, is not an order within

rates.

(0) See R. v. Tyrwhitt, 15 Q. B. 249.

(p) 5 Q. B. D. 300; 49 L. J.,

M. C. 49; 42 L. T. 539.

(q) See s. 10 of Summary Jurisdiction Act, 1884, post, Appendix.

11 & 12 Vict. c. 43, s. 1 (r). The adjudication of two justices under sect. 22 of the Land Clauses Act (8 Vict. c. 18), as to the value of an interest in lands required for the execution of an undertaking within that act is not an "order for the payment of money or otherwise" within 11 & 12 Vict. c. 43, s. 1, and therefore need not be made within such time (s).

The following pages of this work will be found to present, substantially and prominently, the general law relating to summary convictions, and, incidentally, to orders made by justices; at the same time sufficient of the former law will be retained to enable practitioners to apply it to the exceptional cases lately mentioned. Where, however, the provisions of the Summary Jurisdiction Acts, or general propositions resulting therefrom, are stated, they must be taken subject to the preceding remarks, and therefore as inapplicable to the excepted cases. It would lead to almost endless repetition, and to some confusion, if the comparatively few instances excluded from these statutes were to be expressly noticed throughout the work whenever they do not come within the general scope of its observations.

The Acts in question are of very great importance considered as the governing Acts upon the subject of summary convictions and orders, for their provisions have been generally incorporated in subsequent penal statutes.

(r) R. v. Edwards, 13 Q. B. D. 586; 53 L. J., M. C., 149; 51 L. T. 586.

(s) Morant v. Taylor, 1 Ex. D. 188; 45 L. J., M. C. 78.

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