As to the Information or Complaint, and Time of preferring.-Not Outline of New
to be on oath, except where a warrant granted in the first in- Practice.
stance [or on disobedience of a summons, s. 2], or the particular
statute requires it (s. 10). Complaint need not be in writing,
unless expressly required (s. 8). Only one offence or matter of
complaint to be inserted; may be preferred by counsel or attor-
ney (s. 10). Where no time provided by the particular statute,
it is to be preferred within six calendar months (s. 11).
The Process to issue.-On an information, a summons or warrant
at discretion in the first instance, or warrant on disobedience of
summons, and proof of service; on a complaint a summons,
or warrant only on disobedience thereof; service, personal, or
at abode a reasonable time, or ex parte hearing (ss. 1, 2).
Bail.-One justice may commit or take bail either before (s. 16),

or on adjournment of the hearing (ss. 9, 13, 16), after adjudi-
cation till return of distress warrant (s. 20); provisions as to
estreating recognizances.

Summons to Witness.-May be issued in all cases on an oath being
made that witness within justices' jurisdiction is likely to give
material evidence for either party; service at abode; tender of
expenses necessary; warrant on disobedience of summons, which
can be backed, or warrant in the first instance, if he will not
attend; refusing to be examined, &c. imprisonment for not
exceeding seven days (s. 7).

Hearing. Before the number of justices required by the particular

statute to adjudicate; under after-passed statutes, containing no
direction to the contrary, one justice only necessary; any qua-
lified justices may act; in open court; attorney allowed for
either party (s. 12). Informer cannot be a witness (s. 15).
Default of appearance of defendant, on proof of due service,

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By s. 36, the following statutes and parts of statutes are repealed from the 2nd day of October, 1848, viz.—whole statutes, 3 Geo. 4, c. 23, and 5 Geo. 4, c. 18; so much of statutes 18 Eliz.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
Practice.

warrant to apprehend and adjourn hearing, or proceed ex parte
(s. 13). Default of complainant or informer attending, proceed
and dismiss complaint or information with costs (ss. 13, 16).
Appearance of both parties; charge read; examination of wit-
nesses (s. 14). Adjournment of hearing, and defendant bailed
(s. 16). Adjudication to be pronounced of penalty, or damage,
or both, and [in all cases, s. 18] costs, and the imprisonment in
default, as the case may be; inquire if defendant has goods; if
for a second offence, proof of the first conviction; if defendant
in prison for another offence, cumulative punishment (s. 25).
Minute of adjudication to be made (s. 14). Copy of minute of
an order to be served before enforced (s. 17).

Enforcing Convictions and Orders.—Any one justice may do so (s. 29).
Convictions.] 1. Where the punishment is imprisonment only,
committal immediate; costs recovered by distress; in
default, additional imprisonment for not exceeding one
calendar month, unless payment thereof, costs of distress,
and of conveyance to prison, be sooner made (s. 24).
2. Where for a penalty, and in default imprisonment, com-
mittal immediate, or after time given; costs included in
same warrant as well as conveyance to gaol (s. 23).
3. Where for a penalty to be levied by distress, and in
default imprisonment, detainer until return of distress
warrant for same and costs, unless security given; may
be backed (ss. 19, 20). In default of distress (s. 21), or
on confession of no goods, or if goods and the distress
would be ruinous (s. 19), committal for term adjudged
unless penalty and like costs (as 1) be sooner paid (s. 21).
4. Where no remedy provided in default of distress, impri-
sonment for not exceeding three calendar months, unless
like costs, &c. (as 3) be sooner paid (s. 22).

5. Where no remedy given for enforcing payment of a penalty,
it must be by distress (s. 19) and imprisonment (as 4).

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
order quashed or confirmed with costs to distrain for same (s. 27).
Application of Penalties.-To be paid to the clerk to justices, and
by him applied as directed by statutes; if no direction, to trea-
surer of county, &c. (s. 31).

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
other, &c. are to extend to it; those provisions are:-

1. Where a justice of the peace for any county, riding, division,
liberty, city, borough, or place, is also justice of the peace for a
county, &c. next adjoining thereto, or surrounded thereby, he
may act for the one county, &c. whilst he is residing or happens
to be in the other such county, &c. (s. 5).

2. A justice acting for any county at large, or for any riding or divi-
sion of such county, may act as such at any place within any
city, town, or other precinct, being a county of itself, or other-

Jurisdiction of
Justices.

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
Justices
to summary convictions and orders; those provisions are:-
Upon proof of handwriting of a justice to a warrant, a justice
of any county or place in England or Wales may indorse
the warrant, and authorize its execution within his juris-
diction (s. 11).

English warrants may be backed in Ireland, and vice versâ,
in the event of parties escaping (s. 12).

English warrants may be backed in the Isles of Man, Guern

sey, Jersey, Alderney, or Sark, and vice versâ (s. 13) (g).
English or Irish warrants may be backed in Scotland (s. 14).
Scotch warrants may be backed in England or Ireland (s. 15).
Distress warrants may be backed (s. 19, 11 & 12 Vict. c. 43).

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."