Offence, or cause of Complaint. WEIGHTS AND MEASURES-con. Statute. Extent of Jurisdiction. Or, with like intent, transferring | 25 & 26 Vic. weighed, contrary to provisions of this Act, or assisting or conniving at any fraud respecting weighing or weight or measure of any article, as in Part II. of this Act is mentioned. Or, with intent to defraud, alter any ticket specifying the weight of any such article. Or, with intent to defraud, make or son who shall wilfully pack up, or mix, or cause, &c.. with or in any butter contained in any firkin or cask, any salt, pickle, or other substance, with intent to increase the weight, and shall bring or send same so packed, &c., to market for sale. Fleeces.-Winding, or causing to be wound in any fleece, any wool not being sufficiently rivered or washed; or winding, or causing to be wound within any fleeces, any deceitful locks, cots, skin, or lamb's wool, or any substance, matter, or thing, whereby the fleece may be rendered more weighty, to the deceit and loss of the buyer. Penalties recoverable under Petty Sessessions (Ireland) Act, 1851. In Dublin, under special Acts. Penalties under Parts II. & III., to be sued for within three months after commission of offence. 8. 15. s. 16. 8. 18 Penalty not exceeding £5; in default, &c., imprisonment not exceeding 2 months. 1 J. Like. Like. Like. Like. Penalty not exceeding 40s., or to be imprisoned for any period not exceeding 1 month. 1 J. Penalty 2s. for every fleece so fraudulently made up; in default, &c., imprisonment by Petty Sessions Scale. 1 J. WINNOWING CORN ON ROAD- 14 & 15 Vic. SIDE: WITNESS: c. 92, s. 10. ing, to name the number of strokes, not exceeding 12 with birch rod, if offender does not exceed 14. a INDICTABLE OFFENCES. INTRODUCTORY REMARKS. THE ministerial duty of the Magistrate in dealing with indictable crimes and offences is defined and unmistakable. He is, first, to be satisfied on a most important point (and to this end it is conceived the following Index may prove useful), that the offence or cause of complaint brought under his notice is one of which he can take cognizance, and in respect to which he is called upon to put the Criminal Law in motion. Then, if it is intended that a warrant shall issue to apprehend the accused, an information on oath and in writing is requisite; or, if he shall think that the ends of justice will be thereby sufficiently answered, it shall be lawful for him, instead of a warrant, to issue a summons in the first instance; but a summons having been served, will not, if he think fit, prevent his issuing a warrant either before or after the day stated in the summons for appearance (14 & 15 Vic., c. 93, s. 11). It must always be borne in mind that, for the warrant, an information on oath and in writing, setting forth the offence, is indispensable; for the summons, the complaint may be made either on or without oath, and either in writing or not, according as the Justice shall see fit (sec. 10). The accused being present, the witnesses shall be sworn, their evidence taken down, and the case proceeded with in the consecutive order printed out in the statute.-14 & 15 Vic., c. 93, s. 14.* The evidence being concluded, if the Justice shall be of opinion that it is not sufficient to put the accused on his trial, he shall order his discharge; but if he be of opinion that such evidence is sufficient to put him on his trial, or if such evidence "raises a strong or probable presumption of guilt," then he shall commit him for trial or admit him to bail (sec. 15). For the offences which are bailable as of right, those in the discretion of the Justice, and those bailable only by order of the Lord Lieutenant, or Chief Secretary, or Queen's Bench-see sec. 16. These last are cases of treason and treasonable felonies. It will be seen that the duty of the Magistrate between the Crown and the prisoner is to act according to the best of his judgment and opinion on the evidence before him. It is not the case, as is sometimes asserted, that he ought not to put the accused on his trial unless upon evidence sufficiently clear for a petty jury to convict; he ought to send it forward for inquiry, if, " in his opinion, the evidence *This Act is given in the Appendix. For the taking of "dying declarations," which need not be taken in presence of the accused, see the following Index. raises a strong or probable presumption of guilt." It is equally erroneous to assert that, no matter how infamous the witnesses or improbable the case may be, the Justice has no discretion, and should form no opinion, but is bound to send it forward for trial. If such were the fact, one cannot easily imagine to what purpose an inquiry by a magistrate becomes necessary. Upon this subject JUSTICE BAYLY says:—“I differ from those authorities which say that the Magistrate has no discretion, and that he is not to judge of the probability of the case, and of the credit of the witnesses who are brought before him, to sustain a charge of felony; I think the Magistrate has a right to exercise his own discretion in such cases, and that he is bound to do it; and he ought not, as it seems to me, to commit the party unless he thinks there is a primâ facie case made out by witnesses whom he may think entitled to a reasonable degree of credit." The Magistrate ought, therefore, to act on the clear conviction of his own understanding. H. H. The Index contains the crimes and offences given in the late Criminal Law Consolidation Acts, those created by other unrepealed statutes, and the offences punishable at Common Law. It was considered that such a summary would be useful. Although the extent of punishment in these cases forms no part of the duty of a Justice in Petty Sessions, it is added for the sake of uniformity. |