SCHEDULE. CONSOLIDATED FORMS, 1886. PART I.-FORMS IN SUMMARY PROCEEDINGS OTHER THAN FOR 6. Warrant for apprehension of defendant 7. Warrant for apprehension of a witness ... 8. Warrant for apprehension of witness in first instance 9. Commitment of witness ... 10. Commitment on remand, etc. 11. Conviction for penalty, etc. 12. Conviction (imprisonment) ... ... ... ... ... 13. Conviction (forfeited recognizance) 15. Conviction (by consent) for indictable offence 18. Order for money (not a civil debt) ... ... ... ... ... 235 20. Order of recognizance to keep the peace, etc. 21. Order of dismissal ... 22. Order of dismissal with damages 23. Certificate of dismissal ... ... ... 24. Warrant of distress (for penalty, etc.) ... ... ... 25. Warrant of distress on an order for money (not a civil ... 26. Warrant of distress for sum due under recognizance ... 30. Commitment pending return to warrant of distress 31. Commitment in default of distress ... 32. Commitment for a penalty without distress 35. Endorsement on process 37. Endorsement of forfeiture of recognizance 38. Endorsement mitigating forfeiture, etc. ... ... 39. Notice of recognizance to be given to the defendant and ... Sched. Sched. PAGE 41. Security to perform condition of forfeited recognizance 247 ... ... 45. Notice to parent or guardian of child charged with an ... 248 ... 248 248 249 249 ... 250 47. Declaration as to handwriting and seal 48. Certificate of costs of prosecution of indictable offence 49. Certificate of clerk of the peace that the costs of an PART II.-FORMS APPLICABLE TO PROCEEDINGS FOR THE 250 The S. J. Rules (September) 1903, and Schedule of EMPLOYERS AND WORKMEN. The Employers and Workmen Rules, 1886, with Schedule of Forms 272 SUMMARY JURISDICTION RULES, 1886. 1. Short title.] These Rules may be cited as the Summary Jurisdiction Rules, 1886. 2. Commencement.] These rules shall come into operation on the first day of January, 1887. 3. Register.] The clerk of each court of summary jurisdiction shall keep the register required to be kept by him in pursuance of the Summary Jurisdiction Act, 1879, with such particulars as appear by the form in Part III. of the Schedule hereto. 4. Special appropriation of fine under a statute.] Where in pursuance of any statute a court of summary jurisdiction specially directs the appropriation of a fine, the statute under which the appropriation is made shall be set forth in the register and authenticated by the signature of the justice or one of the justices constituting the court. 5. Returns.] The return referred to in section twentytwo, sub-section (4) of the Summary Jurisdiction Act, 1879, shall contain the particulars required to be entered in the register. The justice signing any such return shall cause it to be sent to the clerk who keeps the register for his petty sessional division, and that clerk shall enter the return in his register. 6. Form of account of fines.] The form of account to be rendered by clerks of courts of summary jurisdiction of fines, fees, and other sums received by them shall be the form given in Part III. of the Schedule hereto, or a form to the like effect approved by the local authority under the Justices' Clerks Act, 1877, and shall be rendered quarterly or at any less interval as may be directed by that authority. Provided that nothing in this rule shall Rules. apply to the police courts of the Metropolis, Chatham, or Sheerness. 7. Rule as to sums of which payment is deferred or to be made by instalments.] All fines imposed by a court of summary jurisdiction shall appear in this account in chronological order, and where payment is deferred or to be made by instalments, the fact shall be shown in the column headed “Remarks." When the whole of the sum has been paid or recovered by distress, or the term of imprisonment imposed in default of payment or of sufficient distress has expired, the clerk shall then enter the sum in the account. Provided that, though the whole of the sum may not have been paid or recovered, the instal ments received shall be accounted for at such times and in such manner as the above-mentioned local authority may direct. 8. Provision for dispensing with unnecessary accounts.] Where a clerk of a court of summary jurisdiction renders an account in the form required or authorised by these rules to the authority to whom he is required to render it, he shall not be required to render any other account relating to the same particulars. 9. Entry of receipts by clerk.] The clerk of each court of summary jurisdiction shall enter on the day of its receipt each sum of money received by him on any account whatever. Each instalment so received shall be entered in a book called the Instalment Ledger to an account to be opened in respect of the proceeding in which the sum is paid. 10. Remitted fees book.] The book required to be kept by section twelve of the Act 14 & 15 Vict. c. 55, shall be kept according to the form in Part III. of the Schedule hereto, and shall be called the Remitted Fees Book. 11. Crown fines.] The clerk of each court of summary jurisdiction shall send on the tenth day of January, April, July, and October in each year to the Secretary of State for the Home Department, Whitehall, without paying the postage, a certified statement, in the form in Part III. of the Schedule hereto, of all fines which have been imposed by the court during the previous three months, and which are payable wholly or in part to her Majesty or to the Exchequer. If no such fines have been imposed, the statement shall be certified in blank. 12. Application of sum due under forfeited security.] Where a court of summary jurisdiction has enforced payment of any sum due by a principal in pursuance of a security under the Summary Jurisdiction Act, 1879, which appears to the court to be forfeited, the sum shall, unless it is recoverable as a civil debt, be paid to the clerk of the court, and shall be paid and applied by him in the manner in which fines imposed by the court, in respect of which fines no special appropriation is made, are payable and applicable. 13. Taking of recognizances by governor of prison.] Where a court of summary jurisdiction has fixed as respects any recognizance the amount in which a principal and a surety or sureties are to be bound, the governor of a prison shall not be required to take the recognizance of any person proposed as surety, unless the person so proposed produces a certificate in writing from a court of summary jurisdiction, or a clerk thereof, that he has satisfied the court or clerk of his ability to pay the amount for which he is to be bound in the event of the recognizance becoming forfeited. (RULE, DATED DECEMBER 30, 1903, MADE BY THE LORD CHANCELLOR UNDER SECTION 29 OF THE SUMMARY JURISDICTION ACT, 1879, AS ΤΟ THE TAKING OF RECOGNIZANCES BY THE GOVERNOR OF A PRISON.) 13A. The certificate mentioned in Rule 13 of the Summary Jurisdiction Rules, 1886 (which relates to the taking of recognizances by the governor of a prison), shall be in the form in the Schedule annexed hereto, or to the like effect, and the person proposed as surety shall sign his name on the margin of the certificate. See Form [50] of Consolidated Forms, 1886, post. 14. Form of security under Act.] Any security given under the Summary Jurisdiction Act, 1879, by an oral or written acknowledgment shall be in the form of an undertaking, and may be in the appropriate form in Part I. or Rules. |