As to the Information or Complaint, and Time of preferring.-Not Outline of New or on adjournment of the hearing (ss. 9, 13, 16), after adjudi- Summons to Witness.-May be issued in all cases on an oath being Hearing. Before the number of justices required by the particular statute to adjudicate; under after-passed statutes, containing no bereafter; the first (Chap. 2) relating to offences coming within the provisions, the second (Chap. 3) as to offences to which the act does not extend: a short summary of the practice on the latter is prefixed to the chapter. By s. 36, the following statutes and parts of statutes are repealed from the 2nd day of October, 1848, viz.—whole statutes, 3 Geo. 4, c. 23, and 5 Geo. 4, c. 18; so much of statutes 18 Eliz. c. 5, s. 1, as relates to exhibiting an information, and pursuing the same in person, and not by an attorney or deputy; 31 Eliz. c. 5, s. 5, as relates to the time limited for exhibiting an information for a forfeiture upon any penal statute; 27 Geo. 2, c. 20, ss. I, 2, as relates to distresses by warrants; 18 Geo. 3, c. 19, ss. 1, 2, 3, 5, as relates to costs on complaints before justices; 33 Geo. 3, c. 55, s. 3, as relates to the execution of distress warrants; 6 & 7 Will. 4, c. 114, s. 2, as relates to the right of persons accused, in cases of summary convictions, to make their defence and to have all witnesses examined and cross-examined by counsel or attorney; and all other act or acts or parts of acts which are inconsistent with the provisions of this act, save and except so much of the said several acts as repeal any other acts or parts of acts, and also except as to proceedings now pending to which the same or any of them are applicable. Outline of New warrant to apprehend and adjourn hearing, or proceed ex parte Enforcing Convictions and Orders.—Any one justice may do so (s. 29). 5. Where no remedy given for enforcing payment of a penalty, Orders.] Minute of same to be first served (s. 17). 1. Where for the doing of some act, and on disobedience imprisonment, committal for term adjudged immediate. Costs recovered as in 1 (Convictions). 2, 3, 4, 5. Where for payment of a sum recoverable by committal in the first instance, or by distress, or where no remedy in default of distress, or no remedy for enforcing a sum on an order, the proceedings will be the same as 2, 3, 4, 5, on Convictions, as above. Where an information or complaint is dismissed with costs, same recovered by distress from complainant or informer; and in default, imprisonment for not exceeding one calendar month, unless same and costs of distress, and of conveyance to gaol, be sooner paid (ss. 18, 26). Minute Outline of New of order of dismissal to be first served. Practice. Appeal. Not interfered with, but a power given after conviction or Forms.-To be used (s. 32). Convictions and commitments not requiring evidence to be set out, or appropriation of penalties, &c.; orders to be returned to quarter sessions (s. 14). Secondly, AN EPITOME OF THE JURISDICTION OF JUSTICES Jurisdiction of of the Peace in Summary Convictions and Orders. Their jurisdiction to hear and determine summarily informations and complaints for offences and other matters against the laws, and to fine or imprison or otherwise punish, is wholly given them by statute; and when, therefore, in any given case their intervention is sought, the legislative provisions which have invested them with that jurisdiction should be carefully investigated and strictly pursued (1 Burn's Jus. 859, 28th ed.; Saund. Sum. Conv. 1; 2 Arch. J. P. 29). Their powers in this respect were, before the passing of the 11 & 12 Vict. c. 43, much restricted and varied in their operation, particular justices being required in some cases to hear or to convict, and to enforce the conviction or order; this is swept away, and their jurisdiction as to place and procedure put on an equal footing in every instance within the summary jurisdiction; the only new jurisdiction given them is by the 5th section, i. e. to punish aiders and abetters in all offences. Their jurisdiction as to place. Justices By section 6 of 11 & 12 Vict. c. 43, the provisions of 11 & as to place. 12 Vict. c. 42, (ss. 5, 6, 7, on Indictable Offences,) authorizing justices for two adjoining counties, &c. to act in one for the 1. Where a justice of the peace for any county, riding, division, 2. A justice acting for any county at large, or for any riding or divi- Jurisdiction of wise having exclusive jurisdiction, and situated within, surrounded by, or adjoining to any such county, riding, or division respectively; but this is not to give power to act, &c. in any matters arising within any such city, &c. unless also a justice for such city, &c. (s. 6). (Vide observations on Hearing, p. 32, where matters required to be done in special sessions). 3. Section 7 relates to detached parts of other counties; and after reciting, that" doubts have arisen whether the powers given to justices by the 2 & 3 Vict. c. 82 (ƒ) are applicable to cases of summary jurisdiction and to acts merely ministerial," enacts, "that all the acts of any justice or justices, and of any constable or officer in obedience thereto, shall be as good in relation to any detached part of any county which is surrounded in whole or in part by the county for which such justice or justices acts or act, as if the same were to all intents and purposes part of the said county;" the acts of the justice must take place in the county for which he acts, and not in the detached part of the other said county. Section 2 of 2 & 3 Vict. c. 82, provides the manner in which the expenses of conveyance, maintenance, &c. of offenders are to be adjusted and repaid by the county to which they belong (e. g. where the offence was committed). 4. By sections 33, 34, metropolitan police magistrates, and stipendiary magistrates, and the lord mayor or any alderman, may act alone; but nothing in this act is to affect the powers contained in 10 Geo.4, c. 44; 2 & 3 Vict. c. 47; 2 & 3 Vict. c. 71; 3 & 4 Vict. c. 84, and 2 & 3 Vict. c. 94. 5. A justice of one county, &c. must act within it (Paley, Conv. 17; 2 Arch. J. P. 30), and the matter in question must have arisen in his county, but residence in the county for which he acts is not necessary to give jurisdiction (see instances of exceptions to this in 1, 2, and 3, above, and 7, below, as to backing warrants). 6. For offences in a union workhouse, the 7 & 8 Vict. c. 101, s. 57, authorizes a justice of the county where the workhouse is situated to commit the offender to the gaol of the county, &c. in which the parish is situate to which he was chargeable when he committed the offence. See 11 & 12 Vict. c. 110, s. 9, post, Note 143 to tit. "Poor." 7. As to backing warrants of apprehension of defendants and witnesses, and warrants of commitment, section 3 of the 11 & 12 (f) The 2 & 3 Vict. c. 82, s. 1, after reciting that the administration of justice was hindered by the distance of divers detached parts of counties in England and Wales from the body of the counties to which they severally belong, enacted, "that it shall be lawful for any justice or justices of the peace acting for any county to act as a justice or justices of the peace in all things whatsoever concerning or in anywise relating to any detached part of any other county which is surrounded in whole or in part by the county for which such justice or justices acts or act." Vict. c. 43, extends the provisions of 11 & 12 Vict. c. 42 thereon Jurisdiction of English warrants may be backed in Ireland, and vice versâ, English warrants may be backed in the Isles of Man, Guern sey, Jersey, Alderney, or Sark, and vice versâ (s. 13) (g). The jurisdiction of justices as to procedure (h), by which is as to procedure. meant their power to hear an information or complaint which was not made to them, or process granted by them, or where a claim of right is set up, or where they are interested in the subject-matter, and their authority to enforce a conviction or order where they have not heard and adjudicated themselves. 1. One justice may receive any information or complaint, and grant process thereon, and also to a witness, and do all other necessary acts and matters preliminary to the hearing (s. 29). 2. The same number of justices as directed by the particular act of parliament upon which the information or complaint is framed must hear and adjudicate, and if no such direction, then it may be by any one justice (s. 12); where two or more required, they must be present and acting together (s. 29). 3. After the case is heard and determined, any one justice may issue all warrants of distress and commitment thereon (s. 29). 4. And it shall not be necessary that the justice who so acts before or after such hearing, shall be the justice or one of the justices by whom the case shall be heard and determined (s. 29). 5. After an appeal against a conviction or order decided in favour of the respondent, any one justice may enforce the conviction, and if costs of appeal given to either party, and not paid, may issue distress warrant for levying same (s. 27). 6. Whenever the defendant makes it appear that the act complained of has been done in the assertion of a bona fide claim of right, the jurisdiction of the justices ceases; it should appear that it is not merely colourable (R. v. Dodson et al., 9 Ad. & Ell. 704; (g) There is no provision for backing Scotch or Irish warrants in those islands. (h) See post, p. 31, "Hearing, &c." |