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Act of 1885 (R. v. Newton and Others, [1892] 1 Q. B. 648; 56 J. P. 409; 66 L. T. 830; 61 L. J M. C. 121).

The statute 25 Geo. 2, c. 36 (The Disorderly Houses Act, 1751), provides (s. 5) that where any two inhabitants of any parish or place paying scot and bearing lot give written notice to a constable or peace officer of such parish or place that a person therein is keeping a bawdy house, the constable, etc., shall forthwith go with such inhabitants to a justice, and upon the two inhabitants swearing to the truth of such notice, and being bound in £20 each to give or produce material evidence against the accused, he (the constable) shall enter into recognizance in £30 to prosecute the accused at such court of summary jurisdiction at which the trial of the said charge shall be fixed to take place; and he is to be allowed reasonable expenses of the prosecution, ascertainable by two justices, and to be paid by the overseers; and in case of conviction the overseers shall pay £10 to each of the two inhabitants, or in case of refusal shall forfeit double the said sums (s. 6). The justice, on the constable becoming bound to prosecute, shall forthwith issue a warrant to apprehend the accused, and bind him over to appear at the court of summary jurisdiction where the trial is to take place, taking security for his good behaviour (if necessary) in the meantime (s. 7). The constable neglecting or refusing to become bound, or being wilfully negligent in such prosecution, shall forfeit £20 to each of the two inhabitants.

By the Disorderly Houses Act, 1818 (58 Geo. 3, c. 70), s. 7, the written notice on the constable is also to be served on the overseers or one of them, and the overseers shall have the like notice to attend before a justice as the constable; and if the overseers or one of them become bound to prosecute, then the constable need not be bound; but if the overseers or overseer neglect to attend before the justice after notice, the constable shall become bound and prosecute as aforesaid.

As to the meaning of "conviction," see Burgess v. Boetfeur and Brown, 8 Jur. 621; 7 M. & G. 481; 13 L. J. M. C. 122; where COLTMAN, J., in giving judgment, said, "Looking to the object which the statute had in view, it seems to me that there must be a conviction followed up by a judgment of the court to entitle the inhabitant to the reward. It is for the benefit rendered to the parish by driving improper persons out of it that the reward is given, and this object is not attained unless the offenders are prosecuted to judgment." And CRESSWELL, J., said, “A verdict not followed by judgment might be wholly ineffectual to put down the nuisance complained of. There are many analogous statutes which provide that rewards shall be given to persons prosecuting felons to conviction. In all such cases it is perfectly clear that conviction means judgment. I think the same construction applies here." TINDAL, L.C.J., pointed out that any other construction would open the door to fraud upon the overseers in respect of the reward. This case was distinguished in Jephson v. Barker, 3 T. L. R. 40, where it was held that when the keeper is bound over to come up for judgment when called upon this is a

Sect. 28.

NOTE.

Sect. 28.

NOTE.

sufficient conviction to entitle the inhabitants to the reward. See also Sutton v. Bishop, 1 Wm. Black. 655; 4 Burr. 2283.

It seems that in dealing summarily with a charge of newspaper libel under 44 & 45 Vict. c. 60 (The Newspaper Libel and Registration Act, 1881), s. 5, a court of summary jurisdiction has power to order defendant on conviction to pay costs under 11 & 12 Vict. c. 43, s. 18, ante, p. 95.

Where any case under s. 2 of the Inebriates Act, 1898 (61 & 62 Vict. c. 60), is dealt with summarily the expenses of the prosecution shall be payable in manner provided by this section see 62 & 63 Vict. c. 35.

The expenses of prosecuting the offence of attempting to obtain money, etc., by false pretences in respect of which power is given to deal summarily by the S. J. Act, 1899 (62 & 63 Vict. c. 22, Sched.), post, cannot be allowed as they are not payable out of the local rate.

29. Power of the Lord Chancellor to make rules.]—(1) The Lord High Chancellor of Great Britain may from time to time make, and when made, rescind alter and add to, rules in relation to the following matters, or any of them; that is to say,

(a) The giving security under this Act; and
(b) The forms to be used under the Summary Jurisdic-
tion Acts, or any of them, including the forms

of any recognizance mentioned in this Act;
and

(c) The costs and charges payable under distress warrants issued by a court of summary jurisdiction; and

(d) Adapting to the provisions of this Act and of the Summary Jurisdiction Act, 1848 [11 & 12 Viet. c. 43], the procedure before courts of summary jurisdiction under any Act passed before the Summary Jurisdiction Act, 1848; and

(e) Regulating the form of the account to be rendered by clerks of courts of summary jurisdiction of fines fees and other sums received by them, and providing for the discontinuance of any existing account rendered unnecessary by the aforesaid account; and

(f) Any other matter in relation to which rules are authorised or required to be made under or for the purpose of carrying into effect this Act.

(2) The Lord Chancellor may, in the exercise of the power given him by this section, annul alter or add

to any forms contained in the Summary Jurisdiction Act, Sect. 29. 1848 [11 & 12 Vict. c. 43], or any forms relating to summary proceedings contained in any other Act.

(3) Any rule purporting to be made in pursuance of this section shall be laid before both Houses of Parliament as soon as may be after it is made, if Parliament be then sitting, or if not then sitting, within one month after the commencement of the then next session of Parliament, and shall be judicially noticed.

As regards this section, see s. 12 of S. J. Act, 1884, post. Under this section the Lord Chancellor has annulled the forms in 11 & 12 Vict. c. 43. See Rule 32 of the S. J. Rules, 1886, post.

By the Prison Act, 1898 (61 & 62 Vict. c. 41), rules may be made under this section providing for the application of sums paid under s. 9 of the said Prison Act, and for any matter incidental thereto. See Rule made hereunder at the end of the S. J. Rules, 1886, post.

For Rule under this section made for the purposes of the Aliens Act, 1905 (5 Edw. 7, c. 13), see at the end of the S. J. Rules, post.

For forms of commitment, etc. to reformatory and industrial schools, and under the Youthful Offenders Act, 1901 (1 Edw. 7, c. 20), see the S. J. Rules (September), 1903, post.

30. Power to provide petty sessional court-house.] Where the justices in general or quarter sessions assembled or the council of any borough have authority to hire or otherwise provide a fit and proper place for holding petty sessions of the peace, such justices or council shall have power to provide a petty sessional court-house within the meaning of this Act, by the purchase or other acquisition of land and the erection of a proper building thereon and all enactments relating to the provision of such place and to the raising of the money for defraying the expense of the provision of such place shall apply accordingly.

;

The power given by this section is extended by the S. J. Act, 1884, s. 8, post.

The justices in general or quarter sessions are empowered by 38 & 39 Vict. c. 89, s. 40, to borrow money for the purpose of providing a place for holding petty sessions of the peace. By 31 & 32 Vict. c. 22, ss. 4, 5, they are empowered to provide a common sessions house. See also the Petty Sessions Act, 1849 (12 & 13 Vict. c. 18), s. 2; and 45 & 46 Vict. c. 50, ss. 105, 160, as to boroughs.

Sect. 31.

PART II.

Amendment of Procedure.

31. Procedure on appeal to general or quarter sessions.] Where any person is authorised . . . to appeal from the conviction or order of a court of summary jurisdiction to a court of general or quarter sessions, he may appeal to such court, subject to the conditions and regulations following:

(1) The appeal shall be made to the prescribed court of general or quarter sessions, or if no court is prescribed, to the next practicable court of general or quarter sessions having jurisdiction in the county borough or place for which the said court of summary jurisdiction acted, and holden not less than fifteen days after the day on which the decision was given upon which the conviction or order was founded; and

(2) The appellant shall, within the prescribed time, or if no time is prescribed within seven days after the day on which the said decision of the court was given, give notice of appeal by serving on the other party and on the clerk of the said court of summary jurisdiction notice in writing of his intention to appeal, and of the general grounds of such appeal; and

be

(3) The appellant shall, within the prescribed time, or
if no time is prescribed within three days after
the day on which he gave notice of appeal, enter
into a recognizance before a court of summary
jurisdiction, with or without a surety or sureties
as that court may direct, conditioned to appear
at the said sessions and to try such appeal, and
to abide the judgment of the court of appeal
thereon, and to pay such costs as
awarded by the court of appeal, or the appellant
may, if the court of summary jurisdiction before
whom the appellant appears to enter into a
recognizance think it expedient, instead of
entering into a recognizance, give such other
security, by deposit of money with the clerk of
the court of summary jurisdiction or otherwise,
as that court deem sufficient; and

may

(4) Where the appellant is in custody, the court of Sect. 31. summary jurisdiction before whom the appellant appears to enter into a recognizance may, if the court think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody; and (5) The court of appeal may adjourn the hearing of the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the court of summary jurisdiction or remit the matter, with the opinion of the court of appeal thereon, to a court of summary jurisdiction acting for the same county borough or place as the court by whom the conviction or order appealed against was made, or may make such other order in the matter as the court of appeal may think just, and may by such order exercise any power which the court of summary jurisdiction might have exercised, and such order shall have the same effect, and may be enforced in the same manner, as if it had been made by the court of summary jurisdiction. The court of appeal may also make such order as to costs to be paid by either party as the court may think just; and

(6) Whenever a decision is not confirmed by the court of appeal, the clerk of the peace shall send to the clerk of the court of summary jurisdiction from whose decision the appeal was made, for entry in his register, and also endorse on the conviction or order appealed against, a memorandum of the decision of the court of appeal, and whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the said decision in every case where such copy or certificate would be sufficient evidence of such conviction or order; and

(7) Every notice in writing required by this section to be given by an appellant shall be in writing signed by him, or by his agent on his behalf, and may be transmitted as a registered letter by the post in the ordinary way, and shall be

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