THE SUMMARY JURISDICTION (PROCESS) ACT, 1881. (44 & 45 VICT. C. 24.) An Act to amend the Law respecting the Service of Process of Courts of Summary Jurisdiction in England and Scotland. [18th July 1881.] 1. Short title.] This Act may be cited as the Summary Jurisdiction (Process) Act, 1881. 66 This Act shall be deemed to be included in the expressions "Summary Jurisdiction Acts" and Summary Jurisdiction (English) Acts." 2. Extent of Act.] This Act shall not apply to Ireland. 3. [Repealed by 57 & 58 Vict. c. 56.] 4. Service of process of English court in Scotland and of Scotch court in England.] Subject to the provisions of this Act, any process issued under the Summary Jurisdiction Acts may, if issued by a court of summary jurisdiction in England and endorsed by a court of summary jurisdiction in Scotland, or issued by a court of summary jurisdiction in Scotland and endorsed by a court of summary jurisdiction in England, be served and executed within the jurisdiction of the endorsing court in like manner as it may be served and executed in the jurisdiction of the issuing court, and that by an officer either of the issuing or of the endorsing court. For the purposes of this Act--- (1) Any process may be issued and endorsed under the hand of any such person as is declared by this Act to be a court of summary jurisdiction, and may be endorsed upon proof alone of the handwriting of the person issuing it, and such proof may be either on oath or by such solemn declaration as is mentioned in section forty-one of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), or by any like declaration taken in Scotland before a sheriff, justice of the peace, or Sect. 4 other magistrate having the authority of a (3) If the process is to procure the attendance of a For form in Schedule to this Act, see post, p. 285. Proof by Declaration of Service of Process, Handwriting, etc. -For s. 41 of 42 & 43 Vict. c. 49, see p. 195, ante. The form referable to this section is Form [46] of the Consolidated Forms, ante, p. 249. Order of Maintenance.—At 52 J. P. 348 the learned editors of the Justice of the Peace express an opinion that a complaint made for the purpose of obtaining an order of maintenance is a complaint for the recovery of money, which is a civil debt, and is in their opinion a complaint within this sub-section and cannot be served in Scotland in manner provided by this Act. 5. Provision as to execution of process.] Where a person is apprehended under any process executed in pursuance of this Act, such person shall be forthwith taken to some place within the jurisdiction of the court issuing the process, and be there dealt with as if he had been there apprehended. A warrant of distress issued in England when endorsed in pursuance of this Act shall be executed in Scotland as if it were a Scotch warrant of poinding and sale, and a Scotch warrant of poinding and sale when endorsed in pursuance of this Act shall be executed in England as if it were an English warrant of distress, and the enactments relating to the said warrants respectively shall apply accordingly, except that any account of the costs and charges in connection with the execution, or of the money levied thereby or otherwise relating to the execution, shall be made, and any money raised by the execution shall be dealt with in like manner as if the warrant had been executed within the jurisdiction of the court issuing the warrant. 6. Provision as to bastardy proceedings in England and Scotland.] A court of summary jurisdiction in England and a sheriff court in Scotland shall respectively have jurisdiction by order or decree to adjudge a person within the jurisdiction of the court to pay for the maintenance and education of a bastard child of which he is the putative father, and for the expenses incidental to the birth of such child, and for the funeral expenses of such child notwithstanding that such person ordinarily resides, or the child has been born, or the mother of it ordinarily resides, where the court is English, in Scotland, or where the court is Scotch, in England, in like manner as the court has jurisdiction in any other case. Any process issued in England or Scotland to enforce obedience to such order or decree may be endorsed and executed in Scotland and England respectively in manner provided by this Act with respect to process of a court of summary jurisdiction. Any bastardy order of a court of summary jurisdiction in England may be registered in the books of a sheriff court in Scotland, and thereupon a warrant of arrestment may be issued in like manner as if such order were a decree of the said sheriff court. This section does not enable a summons under the Bastardy Laws Amendment Act, 1872 (35 & 36 Vict. c. 65), issued by the justices in England to be served on the putative father in Sect. 5. Sect. 6. NOTE. Scotland; and, therefore, where such summons is served in Scotland, and the person so served does not appear at the hearing, the justices have no jurisdiction to make an affiliation order (Reg. v. Thompson and Others, JJ., and Duncan, L. R. 12 Q. B. D. 261; 47 J. P. 820 n.; 48 J. P. 324; 50 L. T. 187; 53 L. J. M. C. 65 ; 32 W. R. 398, Court of Appeal; and in the House of Lords (affirming Court of Appeal), 10 App. Cas. 45; 49 J. P. 276; 54 L. J. M. C. 57; 52 L. T. 1; 33 W. R. 525). In the Court of Appeal, Lord ESHER, M.R., thus explains the section (at p. 66 of 53 L. J. M. C.): "The reading of the statute seems to be to me that it gives jurisdiction to magistrates who are not of the district where the woman resides, and that when the woman ordinarily resides in England, a Scotch court may notwithstanding that, make an order against the father if he is within the jurisdiction-that is, in Scotland. So in like manner if the mother ordinarily resides in Scotland and the father in England, the justices here may make an order against him although the mother ordinarily resides in Scotland, therefore it gives the mother a larger remedy than before; so that if she goes into Scotland and the father is within the jurisdiction of the Scotch court, the sheriff court may inake an order against him. The section negatives the idea that an English court may make an order against a person who is in Scotland and therefore not within its jurisdiction. It is for the Scotch court to do that, therefore the section does not reach this case." And Lord SELBORNE, L.C., in the House of Lords (at p. 60 of 54 L. J. M. C.), says: "And therefore the effect of that sixth section is this, not to provide that in those cases a man who is alleged to be the father of a bastard child shall be capable of being compulsorily brought within the jurisdiction of a court to the jurisdiction of which he is not subject, either ratione persona or ratione loci; but that a Scotch sheriff court shall now have given to it for the first time the ordinary bastardy jurisdiction as against a person within the jurisdiction of that court, and that for that purpose the condition which is expressed in the (Bastardy) Acts of 1844 and 1872, that the mother must apply to the justices of the place where she ordinarily resides is not to be applicable. The Scotch sheriff court is to have jurisdiction not over people in England but over people within the jurisdiction of the Scotch sheriff court, notwithstanding that the mother ordinarily resides in England." 7. Saving.] This Act shall be in addition to and not in derogation of any power existing under any other Act relating to the execution of any warrant or other process in England and Scotland respectively. 8. Definitions.] In this Act, unless the context otherwise requires, The expression "process includes any summons or warrant of citation to appear either to answer any infor mation or complaint, or as a witness; also any warrant of commitment, any warrant of imprisonment, any warrant of distress, any warrant of poinding and sale, also any order or minute of a court of summary jurisdiction or copy of such order or minute, also an extract decree, and any other document or process, other than a warrant of arrestment, required for any purpose connected with a court of summary jurisdiction to be served or executed. The expression "sheriff" shall include sheriff substitute. The expression "court of summary jurisdiction" means any justice of the peace, also any officer or other magistrate having the authority in England or Scotland of a justice of the peace, also in Scotland the sheriff. The expression "officer of a court of summary jurisdiction means the constable, officer, or person to whom any process issued by the court is directed, or who is by law required or authorised to serve or execute any process issued by the court. Poinding and sale is a Scotch process similar to an English distress warrant. A warrant of arrestment is a Scotch process equivalent to a foreign attachment which prevails only in London and one or two other places,' ," "if after judgment it prevails in courts of civil law, under the name of attachment" (see Compendium of English and Scotch Law, Paterson). Sect. 8. SCHEDULE. INDORSEMENT IN BACKING A PROCESS. Whereas proof hath this day been made before me, one of her Majesty's justices of the peace [sheriff or other magistrate] for the [county or burgh] of that the name of A. B. to the within warrant [or summons or order or minute, or copy of order or minute or other document] subscribed is of the handwriting of the justice of the peace [sheriff or other magistrate] within mentioned, I do therefore hereby authorise C. D. who bringeth to me this warrant [or summons or order or minute, or copy of order or minute or other document] and all other persons by whom the same may be lawfully served [or executed], and also all constables and other peace officers of the said [county or burgh] of serve and execute the same within the said last-mentioned [county or burgh]. to Given under my hand this day of |