PREFACE.

SINCE the publication of the last edition of "Summary Jurisdiction Procedure," a large number of cases, now recorded in these pages, have been decided dealing with the Summary Jurisdiction of Magistrates and the procedure of Courts of Summary Jurisdiction. Recent legislation affecting and extending the powers of such courts is also included herein.

The Editor has endeavoured to embody in the present edition many of the valuable suggestions he has received from kindly critics of previous editions.

Though a large amount of fresh material has been introduced, by judicious compression the bulk of the book has been reduced without, it is hoped, its utility being in any degree lessened.

The Editor desires to express his acknowledgment to the Editors of the various legal treatises referred to in the text, and to Mr. Warren, of the Mansion House Justice Room, for his careful preparation of the Index.

C. G. D.

MANSION HOUSE JUSTICE ROOM,

LONDON,

December, 1906.

CONTENTS.

THE SUMMARY JURISDICTION ACT, 1848.

11 & 12 Vict. Cap. 43.

An Act to facilitate the performance of the Duties of Justices of the Peace

out of Sessions, within England and Wales, with respect to Summary Con-

rictions and Orders.

[14th August, 1848.]

Sect. 1. Where information laid that an offence punishable on sum-
mary conviction has been committed, &c., summons

2. Provisions as to issue of warrant for accused

3. Form and contents of warrant

Execution of warrant

Certain provisions of 11 & 12 Vict. c. 42, as to backing of

warrants to extend to warrants issued under this Act

Objections to warrant for want of form or variance from

evidence

4. Description of property in informations

5. Aiders and abettors

8. Provisions of 11 & 12 Vict. c. 42, as to justices of one county,

&c., acting for the same while in another, &c., to extend

to this Act

7. Powers of obtaining attendance of witnesses

26

37

8. Complaints not required to be in writing

9. Variances between informations

10. Complaints and informations not required to be on oath

Complaints, &c., to be for one matter only

11. Limitation of prosecution

12. Constitution of court, and rights of parties to counsel, &c.

13. Procedure in case of absence of complainant or defendant

14. Proceedings at the hearing

15. Examination of witnesses upon oath

60

72

74

90

16. Adjournment of hearing

17. Form of convictions and orders-Defendant to be served with

minute of order before issue of warrant of commitment

or distress.

18. Award of costs to complainant or defendant

19. Warrant of distress for recovery of penalty or sum of money.

20. Where warrant of distress issued, defendant may be set at

large or detained in default of security

21. In default of distress, defendant may be committed

11 & 12 Vict. c. 43-continued.

Sect. 22. Where the statute provides no remedy in default of distress,

defendant may be committed

.

23. Provision where the statute does not direct levy by distress,

but directs commitment in case of non-payment

PAGE

102

104

24. Provision where the conviction orders imprisonment and not

payment of a penalty, or where order is not for payment

of money, but that some act shall be done, and for im-

prisonment in case of default-Levy of distress for costs. 106

25. Provision where defendant already in prison for another

29. Acts which may be done by one justice

113

30. Fees of clerks of the peace-Penalty on clerks taking other

fees than those allowed

114

31. Regulations as to payment, &c., penalties, &c.-Accounts and

returns

116

32. [Repealed by Statute Law Revision Act, 1891]

33. Metropolitan police magistrates and stipendiary magistrates

may act alone

119

120

34. Lord mayor or alderman of London may act alone.

35. To what proceeding this Act shall not extend

An Act to amend the Law relating to the Summary Jurisdiction of Magistrates.

[11th August, 1879.]

5. Scale of imprisonment for non-payment of money

125

6. Sum recoverable by summary order to be recoverable as a

civil debt

126

7. Payment by instalments of or security taken for payment of

money

127

8. Provision as to costs in the case of small fines

9. Enforcing of recognizances by court of summary jurisdiction

10. Summary trial of children for indictable offences, unless

objected to by parent or guardian

11. Summary trial of young persons