person absconding, so that such warrant cannot be executed, then such justices shall forthwith hear and determine the matter of complaint; and upon confession by the party, or proof by one or more credible witness or witnesses upon oath, convict or acquit the party. Id. s. 7. "But no justice of the peace, being also a master in the particular trade or manufacture, in or concerning which any offence is charged to have been committed under this Act, shall act as such justice under this Act." ld. s. 13. The conviction shall be in the form or to the effect following: Id. s. 9. day of in the Be it remembered, that on the year of Her Majesty's reign, and in the year of our Lord A. B. is convicted before us (naming the justices) two of Her Majesty's justices of the peace for the county [or riding, division, city, liberty, town or place] of -, of having [stating the offence] contrary to the Act made in the sixth year of the reign of King George the Fourth, intituled An Act [here set forth the title of this Act*]; and we the said justices do hereby order and adjudge the said A. B. for the said offence to be committed to and confined in the common gaul for the said county, [or riding, division, city, liberty, town, or place] for the space of -, or to be committed to the house of correction, at within the said county [or riding, division, city, liberty, town, or place], there to be kept to hard labour for the space of Given under, our hands, the day and year above written. This conviction shall be fairly written upon parchment, and transmitted to the next general or quarter sessions. Id. s. 10. Witnesses.] All persons who shall offend against this Act, may, equally with all other persons, be called upon and compelled to give their testimony as witnesses on behalf of the prosecutor, upon any information exhibited under this Act; and in such cases, the witness, having given his testimony, is hereby indemnified against any prosecution against him, for the matter wherein he shall have given testimony. Id. s. 6. The justice of the peace before whom any such complaint shall be made, shall, at the request in writing of any of the parties, issue his summons to any witness to appear and give evidence before such justices; and if any person so summoned shall not appear at the time and place specified in such summons, or offer some reasonable excuse, or shall not submit to be examined as a witness and give his evidence before such justices touching the matter of such complaint, then such justices, (proof on oath, in the case of any person not appearing according to such summons, having been first made of the due *"An Act to repeal the laws relating to the combination of workmen, and to make provision in lieu thereof." service of such summons, by delivering the same to him, or by leaving the same for him twenty-four hours before the time appointed, at his usual place of abode), shall, by warrant under their hands, commit him to prison for three calendar months, or until he shall submit to be examined and give evidence. Id. s. 8. The warrant of commitment in this case must be in the form following, or to the like effect. Id. s. 9. , on Whereas C. D. hath been duly summoned to appear and give evidence before us [naming the justices who issued the summons] two of Her Majesty's justices of the peace for the county [or riding, division, city, liberty, town, or place] of this day of at -, being the time and place appointed for hearing and determining the complaint made by [the informer or prosecutor] before us, against A. B., of having [stating the offence as laid in the information], contrary to the Act made in the sixth year of the reign of King George the Fourth, intituled An Act [here insert the title of this Act*] : And whereas the said C. D. hath not appeared before us, at the time and place aforesaid specified for that purpose, or offered any reasonable excuse for his [or her] default, [or And whereas the said C. D. having appeared before us, at the time and place aforesaid specified for that purpose, hath not submitted to be examined as a witness and give his [or her] evidence before us touching the matter of the said complaint, but hath refused so to do]: therefore we, the said justices, do hereby, in pursuance of the said statute, commit the said C. D. to the [describing the prison], there to remain without bail or mainprize for his [or her] contempt aforesaid, for three calendar months, or until he [or she] shall submit himself [or herself] to be examined, and give his [or her] evidence before us, touching the matter of the said complaint, or shall otherwise be discharged by due course of law: And you the [constable or other peace officer or officers to whom the warrant is directed] are hereby authorized and required to take into your custody the body of the said C. D., and him [or her] safely to convey to the said prison, and him [or her] there to deliver to the gaoler or keeper thereof, who is hereby authorized and required to receive into his custody the body of the said C. D., and him [or her] safely to detain and keep, pursuant to this commitment. Given under our hands, this day of in the year of our Lord [This commitment to be directed to the proper peace officer, and the gaoler or keeper of the prison.] Appeal.] If any person convicted of any offence punishable by this Act, shall think himself aggrieved by the judgment of * See the note, ante, p. 278, n. such justices, he may appeal to the next general or general quarter sessions of the peace; and the execution of such judgment shall be suspended, in case the person so convicted shall immediately enter into recognizances before such justices, himself in the penal sum of ten pounds, with two sufficient sureties in ten pounds, upon condition to prosecute such appeal with effect, and to be forthcoming to abide the judgment and determination of the said next general or general quarter sessions, and to pay such costs as the said court shall award; and the justices in the said next court of general or general quarter sessions shall hear and determine the said appeal, and award such costs as to them shall appear just and reasonable, to be paid by either party; and if upon the said appeal, the conviction shall be affirmed, such appellant shall immediately be committed by the said court to the common gaol or house of correction, without bail or mainprize, according to such conviction, and for the space of time therein mentioned. Id. s. 12. COMMITMENT. When a complaint is made before a justice of the peace, of treason or felony, or of a misdemeanor [against the peace, or having a tendency to a breach of the peace, Per Wightman J., R. v. Bartlett, 1 D. & Lo. 95, Sed qu.] having been committed within the county or other district to which his commission extends, it is his duty to have the offender brought before him; and for this purpose he issues a summons or warrant, as shall be mentioned presently. As soon as the party appears before him, he then examines the witnesses produced, hears whatever the accused party may say in his defence, and then discharges the party, or commits him to prison, according as he judges that a sufficient case has been made out against him or not. Or, instead of committing him, he may take bail for his appearance at the next sessions or assizes, as we have already seen, ante, p. 154. Under this head, therefore, it may be convenient to treat of these various steps, preliminary to the commitment, as well as of the commitment itself, in the following order :— 1. The complaint or information, p, 281. 2. The summons or warrant, p. 282. 3. The examination, p. 286. 4. The commitment, p. 298. 1. The Complaint or Information. The complaint or information laid before a justice of the peace, previously to his. issuing a summons or warrant against a party accused, is sometimes merely verbal, sometimes taken down in writing, sometimes on oath, sometimes not, according to circumstances. In R. v. Fearshire, (1 Leach, C. C. 202), where upon an indictment for a misdemeanor, parol evidence was tendered of the information on which a warrant to apprehend the defendant had been granted, Lord Mansfield, in rejecting the evidence, is reported to have said that it was the indispensable duty of every justice of the peace to take all charges of whatever nature, kind, or complexion they might be, in writing; that the presumption, therefore, was that the magistrate had done so in that case, and therefore parol evidence of it could not be received. This, however, is not uniformly the case in practice. There must be an information, however, otherwise the magistrate will not be justified in issuing a warrant. Stephens v. Clark, 1 Car. & M. 509. And before a justice of the peace grants a warrant for the apprehension of an offender, it is prudent, in all cases, especially in cases of felony, to examine the person requiring the warrant, or his witness, upon oath; and in a recent case, the court of Queen's Bench seemed to think that there must be an information on oath, in all cases where a warrant is granted. Caudle v. Seymour, 1 Q. B. 889. And the information must be taken by the justice himself or in his presence, so that he may have an opportunity of putting to the complainant such questions as he may think proper; and where it appeared that the justice and his clerk went to the house of the complainant, and the justice remained in a room below, whilst the clerk went up stairs to a room where the complainant was in bed, took her deposition or information in writing, and swore her to it, after which the justice granted a warrant against the party complained of,-the court held that he could not justify, in an action brought for the arrest under the warrant; and Coleridge J. said, that it was by far too common a practice for the clerk to examine the witness apart, take down his evidence, and then read it over to him in the magistrate's presence; whereas the magistrate, who has a discretion to exercise, ought to examine the witness, hear his answers, and judge of the manner in which they are given. Id. But in slight cases of misdemeanor, where the justice may deem a summons sufficient to bring the party before him, a written information is seldom taken, but the magistrate merely makes a memorandum of his having granted the summons, against whom, for what offence, and at what times the parties are required to attend before him. The information, when deemed necessary, may be taken in the following form: Berkshire to wit: The information and complaint of C.D., of -, yeoman, taken this day of —, in the year of our Lord, 1846, before me, E. F., one of Her Majesty's justices of the peace for the said county of who, being sworn, upon his oath, saith that [&c. stating the deposition, as nearly as possible in the words of the party.] 2. The Summons or Warrant. In what cases.] When a complaint is made to a justice of the peace, that an indictable offence has been committed by any person, within the district to which his commission extends, his duty is to issue a summons or warrant, to bring the party before him, in order that he may examine and inquire into the matter of the charge, and commit, or bail, or discharge the party. In strictness, a justice of the peace may in all cases issue his warrant in the first instance, whether the offence imputed to the party be treason, felony, or misdemeanor, Butt v. Conant, 1 Brod. & Bing. 548, except, it seems, in the case of perjury at common law, R. v. Bartlett, 12 Law J. 127 m., and forgery at common law, over which they have no jurisdiction, judicial, or ministerial. Id. per Wightman, J. It is not very usual, however, in cases of misdemeanor, to issue a warrant in the first instance, unless in aggravated cases, or where there is a likelihood of the party's absconding if he be apprized of the complaint being made against him. In ordinary cases, it is usually deemed sufficient to issue a summons in the first instance, and if that be disobeyed, then to issue a warrant. Summons.] A summons may be in the following form: Berkshire to wit: To the constable of Whereas A. B., of · labourer, hath this day been charged before me, E. F., one of Her Majesty's justices of the peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B., on ——, at -, did" [&c., here state the offence]; "these are therefore to require you forthwith to summon the said A. B. to appear before me at -, on [Wednesday next, the tenth day of July instant], at the hour of · in the forenoon of the same day, to answer the said charge, and to be further dealt with according to law; and be you then there, to certify what you shall have done in the premises. Herein fail you not. Given under my hand and seal this the year of our Lord day of in The description of the offence may be in the same form as in a commitment. The summons should be served upon the party personally, |