CAP. 44.

AN ACT TO PROTECT JUSTICES OF THE PEACE FROM VEXATIOUS ACTIONS FOR ACTS DONE BY THEM IN EXECUTION OF THEIR OFFICE.

ADDENDA ET ERRATA.

The reader will please allude to these in his copy.

Page 15, note (h), 3rd line, insert in the blank the figures "45."

19, 2nd last line of form of information (3), dele the words "[and sworn]." 60, the § in 3rd last line of form (01) should have been placed after the word "correction" in the 5th last line.

68, last line of note (dd), for "these" read "those."

79, 21st line from bottom, for "p. 45" read "p. 48."

84, Offences, title "Apprentices," 2nd column, for "78 & Vict." read "7 & 8 Vict."

97, tit. "Cemeteries, &c.," 3rd column, for "ss. 15, 1 & 3," read "ss. 3, 151."

131, tit. "Gas," 3rd column, for " ss. 151 and 153," read “ss. 3, 151.” 194, last line of Note 142 a, for “p. 17” read “ p. 7."

216, in Mem. to Offence 1, tit. "Swearing," dele "ante." 258, tit. "Constables," there is no Offence 2. 262-265, tit. "Master and Servant." If Mr. Archbold's view as to the applicability of the 11 & 12 Vict. c. 43, to the Servants Acts (referred to in a note in the preface of this work) is the correct one, costs could be ordered on a conviction or order in either of the Offences No. 1 -7, and also for the complaint or process against the master in Offence 8, pp. 264, 265, but the " Discharge" in either of the cases must be given under the hand and seal of the justice gratis. 263, 3rd line of Note 17, for "53 Geo. 3" read "52 Geo. 3." 298, 8th line from bottom of note, for "5 & 5 W. 4" read “ "5 & 6 W. 4." 352, Offence 119, 2nd line, for "p. 52" read “p. 152."

362, add to Offence 224, "and thereby extorting same." 383, 23rd line from bottom, for "12 J. P. 366," read "12 J. P. 396." 391, note (g), 2nd line, insert the word "orders" after the word "contemplates;" and in last line, for "12 J. P. 779," read "12 J. P. 799.',

THE

MAGISTERIAL

SYNOPSIS.

PART I.

AS TO SUMMARY CONVICTIONS AND ORDERS.

Observations.

THE Practice on this branch of the Magistrate's duties having Preliminary been, by the 11 & 12 Vict. c. 43 (a), consolidated, materially altered, improved, rendered more uniform, difficulties and doubts removed, statutes and parts of statutes containing shreds of practice repealed, and more useful and practical enactments and short forms taken their place, it is to be hoped that this Code will now remain permanent (b), with the exception of two or three instances hereafter referred to, where difficulties will be met with, and which must require some amendment (c).

The preamble of the act which has effected this alteration and improvement recites the well-known fact, that "it would con"duce much to the improvement of the administration of jus"tice within England and Wales, so far as respects summary "convictions, and orders to be made by her majesty's justices of "the peace therein, if the several statutes and parts of statutes

(a) Intituled "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." [14th August, 1848.]

(b) The act commences and takes effect from the 2nd day of October, 1848, (s. 38); consequently the whole proceeding from the preferring the information or complaint must take place after that time, as the provisions cannot be resorted to for enforcing a conviction or order made before the 2nd of October, and the old practice must carry it out; but if the information or complaint be preferred after the 2nd of October, it may be for an offence or matter arising before that period, provided it be made within the time limited for proceeding. As far as regards aiders and abettors in offences liable to punishment under the fifth section (post, p. 15), the aiding, &c. must have been committed after the 2nd October, as that is a new and distinct offence created by that statute alone, and cannot take effect before the statute in general is intended to do.

(c) Vide note (d), post, 2; and see s. 25, post, 54, s. 24, post, 56, and the Notes thereto.

B

Preliminary

Observations.

"relating to the duties of such justices, in respect of such summary convictions and orders, were consolidated, with such ❝additions and alterations as may be deemed necessary, and "that such duties should be clearly defined by such positive "enactment" (d); and before proceeding to give a summary of the new and consolidated practice, it may be convenient to show, first, an Outline of the Provisions comprising a view of the various Points to be attended to in the Practice; secondly, an Epitome of the Jurisdiction of Justices in Summary Convictions and Orders; and, thirdly, an Abstract of the Statute for protecting them from vexatious Actions for acts done by them in execution of their office.

First, then, AN OUTLINE of the NEW PRACTICE, as recently enacted, which is applicable as well to all statutes already, as those to be hereafter passed (e).

(d) The operation and effect of the statute appears to be to repeal so much of existing statutes on the following points as differs from its provisions, viz. :— Where a summons only could be issued, or a warrant only on disobedience of a summons; where forms of information, summons, warrants either of distress or commitment, and other proceedings were given (except where inconsistent with the provisions of this act, as s. 32 authorizes other forms" to the like effect" as those contained in the schedule to be used, if deemed prudent to adopt them); where the time and mode of service of summonses were pointed out; where the justice receiving the information must convict, and where the convicting justice must enforce the conviction; where a particular prison is named,—all similar provisions in local acts.

A more convenient scheme of practice might have been framed, by omitting the distinction throughout between an information and a complaint, repealing provisions in some statutes requiring them to be in writing and others on oath, giving power to summon a witness wherever he resided (see s. 7, post, p. 27), the same mode of recovering costs under all circumstances, and extending the 11 & 12 Vict. c. 43 to all proceedings before justices out of sessions, whether an order or conviction is required to be drawn up in the particular case or not (Vide note (b), post, p. 11).

(e) By s. 35," Nothing in this act shall extend or be construed to extend to any warrant or order for the removal of any poor person who is or shall become chargeable to any parish, township, or place; nor to any complaints or orders made with respect to lunatics, or the expenses incurred for the lodging, maintenance, medicine, clothing, or care of any lunatic or insane person; nor to any information or complaint, or other proceeding under or by virtue of any of the statutes relating to her majesty's revenue of excise or customs, stamps, taxes, or post office; nor to any complaints, orders, or warrants in matters of bastardy made against the putative father of any bastard child, save and except such of the provisions aforesaid 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; nor to any proceedings under the acts of parliament regulating or otherwise relating to the labour of children and young persons in mills or factories," consequently, the offences and matters coming within this portion of the work have been necessarily divided into two chapters, as will be seen