Rules.

Part II. of the Schedule hereto, or in any other form to the like effect.

15. Security book.] The clerk of each court of summary jurisdiction shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding before the court, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. Where any such security is not entered into before. the court, or before the clerk of the court, the person before whom it is entered into shall make a return of it, showing the above particulars, to the clerk of the court. security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.

The

16. Notice to principal of forfeiture of security.] Not less than two clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Summary Jurisdiction Act, 1879, the clerk of the court of summary jurisdiction issuing the warrant shall cause notice of the forfeiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the address mentioned in the security, or as service of a summons may be effected under the Summary Jurisdiction Acts.

17. Mode of application to vary order for sureties.] An application under section twenty-six of the Summary Jurisdiction Act, 1879, shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.

18. Application for special case.] An application to a court of summary jurisdiction under section 33 of the Summary Jurisdiction Act, 1879, to state a special case shall be made in writing and shall be left with the clerk of the court at any time within seven clear days from the date of the proceeding to be questioned, and there shall also be left with him a copy of such application for each of the justices constituting such court which shall be duly

forwarded by him to each of the said justices. The case shall be stated within three calendar months after the date of the application and after the recognizance shall have been entered into.

This Rule, dated March 20th, 1906, was made by the Lord Chancellor in substitution of Rule No. 18 of the Summary Jurisdiction Rules, 1886.

For procedure, see notes to 20 & 21 Vict. c. 43, post.

19. Particulars of claim for civil debt.] In the case of a claim for a civil debt recoverable summarily, the particulars of the claim shall, unless embodied in the summons, be annexed to and, if so annexed, shall be deemed part of the summons.

20. Judgment summons.] An order of commitment under section thirty-five of the Summary Jurisdiction Act, 1879, shall not be made unless a summons to appear and be examined on oath (hereinafter called a judgment summons) has been served on the judgment debtor.

21. Service of judgment summons.] The judgment summons shall, whenever it is practicable, be served personally on the judgment debtor, but if it is made to appear on oath to a court of suminary jurisdiction that prompt personal service is for any reason impracticable, the court may make such order for substituted or other service as the court may think just.

22. Issue and proof of service of judgment summons.] A judgment summons may issue although no distress. warrant has been applied for, and its service, where made out of the jurisdiction of the court of summary jurisdiction issuing the summons, may be proved by affidavit or solemn declaration.

23. Time of service.] A judgment summons shall be served not less than two clear days before the day on which the judgment debtor is required to appear.

24. Adjournment of hearing of judgment summons.] The hearing of a judgment summons may be adjourned from time to time.

25. Witnesses on judgment summons.] Any witness may be summoned to prove the means of the judgment debtor,

Rules.

Rules.

in the same manner as witnesses are summoned to give evidence on the hearing of a complaint.

26. Date of order of commitment.] An order of commitment made under section thirty-five of the Summary Jurisdiction Act, 1879, shall, on whatever day it is issued, bear date on the day on which it was made.

27. Payment by judgment debtor.] When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of a governor of a prison, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and on receiving that amount the officer shall discharge the defendant, and shall forthwith pay over the amount to the clerk of the court of summary jurisdiction which made the order.

28. Discharge of judgment debtor.] The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the clerk of the court of summary jurisdiction from which the commitment order was issued, or to the governor of the prison in whose custody the prisoner is. Where it is paid to the clerk, he shall sign a certificate of the payment, and upon receiving the certificate by post or otherwise the governor of the prison in whose custody the prisoner then is shall forthwith discharge the prisoner. Where it is paid to the governor of the prison, he shall, on payment to him of that amount, with costs sufficient to pay for sending the amount by post office order or otherwise to the court of summary jurisdiction under the order of which the prisoner was committed, sign a certificate of the payment, and discharge the prisoner, and forthwith transmit the sums so received to the clerk of the said court.

29. Costs of plaintiff in enforcing order.] All costs incurred by the plaintiff in endeavouring to enforce an order shall, unless the court shall otherwise order, be deemed to be due in pursuance of the order, as if it were made under section five of the Debtors Act, 1869.

30. Fee for taking declaration.] The fee for taking a declaration under section forty-one of the Summary Jurisdiction Act, 1879, shall be one shilling.

31. Forms.] The forms in the Schedule hereto, or forms to the like effect, may be used, with such variations as circumstances may require.

32. Annulment of forms and rules.] The forms in the Schedule to the Summary Jurisdiction Act, 1848, the Summary Jurisdiction Rules, 1880, with the forms in the Schedule thereto, the Summary Jurisdiction Rules of the 24th of August, 1880, and the Summary Jurisdiction Rule of 1881, are hereby annulled.

The 16th July, 1886.

(Signed)

HERSCHELL, C.

Where the authorised forms are not followed, what has been stated in the notes to s. 10 of the S. J. Act, 1848, ante, pp. 46 et seq., requisites of conviction, ante, pp. 93 et seq., and warrants of commitment, at pp. 98 and 102, should be referred to. In forms of conviction especially a strict adherence to the statutory forms is advisable.

RULE, DATED APRIL 6, 1899, MADE BY THE LORD CHANCELLOR UNDER SECTION 29 OF THE SUMMARY JURISDICTION ACT, 1879, AS TO THE APPLICATION OF SUMS PAID UNDER SECTION 9 OF THE PRISON Act, 1898. In any case where, under section 9 of the Prison Act, 1898, a sum has been received from the governor of a prison by the clerk of any court of summary jurisdiction, in part satisfaction of a sum due from a prisoner in consequence of the conviction of such court, the clerk shall apply that sum (firstly), toward the payment in full or in part of any costs, or damages, or compensation, which the court may have ordered by the conviction to be paid to the prosecutor; (secondly), towards the payment of the fine, any, imposed on the prisoner; (and lastly), toward the payment of any costs or charges for which the prisoner is liable, other than the costs above mentioned.

if

April 6th, 1899.

HALSBURY, C.

For rules as to youthful offenders, etc., see the S. J. Rules (September), 1903, post, p. 260; for the S. J. (Aliens) Rules, 1905, post, p. 272; and for rules under the Employers and Workmen Act, 1875, see post, p. 276.

Rules.

CONSOLIDATED FORMS, 1886.

SCHEDULE.

[The following Forms may be obtained from Messrs. SHAW & SONS, Fetter Lane, carefully revised and prepared for practical use.]

NOTE. These forms contemplate the signature of one justice only, but convictions or orders of a court of summary jurisdiction should be signed by two of the justices forming such court, where two justices are required to convict or make such orders. See Home Office letter, set out at p. 114, ante, and Wing v. Epsom Urban District Council there referred to.

PART I.

Forms in Summary Proceedings other than for Civil Debts.

In the [county of day of

The

1.

INFORMATION OR COMPLAINT.

The information [or

one thousand

Petty sessional division of
hundred and

complaint] of C. D. of [address and description], who, upon oath [or affirmation] (a) states that A. B. of [address and

description], on the

day of

at

in the

aforesaid,

(a) The words in italics are only required when the particular statute under which the information is laid requires such information to be on oath or affirmation, or where a warrant is to issue in the first instance.

(b) The words in italics are only required when the particular statute under which the information is laid requires such information to be on oath or affirmation.