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CHANNEL ISLANDS, backing of Channel Islands warrants

in Scotland and Ireland, 386

who to back such warrants, 386

CHARGES, trifling, discharge in, 145

may be preferred at hearing although not included in
warrant, 3

CHILD defined, 133, 203

evidence of, not on oath, 342

capacity to commit crime, 135, 136

summary trial, 132, 133

for what offences, 132

fine of, 132

depositions on trial of, 133, 134

guardian of, 133

restriction on summary sentence, 144

parent's presence, 146

remand of, for that purpose, 133

to remand home, 133

industrial school for, 133, 136, 138

may be committed to care of relation, 136, 139

forms, 261-271

reformatory, 137

whipping, 132, 137

living with prostitutes, 139, 270

maintenance of, continuing offence, 59

limitation of costs, 96, 495

See "Youthful Offenders."

CHILDREN, Prevention of Cruelty to, Act, 1894, information,

47, 49

taking deposition under, 340

search warrant may issue under, 304

Dangerous Performances Act, prosecution under, 51
treatment before court, 136

conviction of, under Probation of First Offenders Act,
494

CHIMNEY-SWEEP, trial by jury, 148

CHRISTMAS Day, term of imprisonment expiring on, 500
CHURCH rates, 53

action against justices in relation to, 394

CINQUE Ports, provisions as to, 35

CITATION of Acts, 510

CIVIL and criminal proceedings, distinction, 57, 76, 427
in cases stated by justices, 425

in appeal from Divisional Court, 427

CIVIL debt, no warrant to issue on complaint, 19

bastardy orders not included, 19

sums recoverable by summary order to be recoverable
as, 126

penalties under Railway Act, 126

refusal to pay under order where proof of means, 190
proceedings apply to sums under Summary Jurisdiction
Act, enforceable without information, 201
procedure for enforcing payment of, 126, 189
sums under securities are, 158

particulars of claim, 227

CIVIL debt, forms applicable to, 251-255

index to forms applicable to, 222

rules as to. See "Index to Rules of 1886"...220
costs on dismissal recoverable as, 96, 108
costs of appeal recoverable as, 185

under Merchant Shipping Act, 191

CIVIL proceedings bar to summons for wages, 4

in appeal from Divisional Court on case stated, 427

CLAIM to trial by jury, 146, 148, 149

in case of child, parent or guardian to be present, 146
CLAIM of right, 68, 70

in assault cases, 68

under Game Act, 68

bona fides of question for justices, 68

vagueness, 68

of right to presence in court of justice, 69
instances of, 67, 68

jus tertii not to be set up, 69

where justices have refused to hear case because of, rule
under section 5 of Justices Protection Act, 1848,
proper remedy, 401

CLERK to guardians may act as attorney, 62

when to inform, 52

CLERK of indictments, certificate of, 302
transmission of depositions to, 359

CLERK to justices, recovery of fees, 115
liability for fees to, 114

in metropolitan police district, 116, 202

salaried clerk to act, 202

to make complaint for recovery of sums under securities,
158

may take recognizance, 196

to receive sums from gaoler and constable, 117

to keep accounts, 116

to pay sums to treasurer of county, &c., 117

to render monthly accounts to justices, 117

rule as to entry of receipts by, 224

not to swear affidavit in review of justice's decisions, 409

fees in special case, 422

schedule of fees for drawing, &c., case, 430

payment by salary in lieu of fees, 442, 443

to account for fees, 443

quarterly, 448

salary to be remuneration for all business, 442
when fees of, may be remitted by justices, 443
copies of depositions excepted, 444, 479

qualifications required in, 446

fees of, adjusted by Secretary of State, &c., 115, 447

clerk to borough justices. See “ Borough.'

duties of, under Public Prosecutions Regulations, 469,

470

CLERK of peace, payment of fees to, 114

declaration before, 195

can be a justice, 290

duties under Baines' Act, 439

fines to be certified to, when, 439

CLERK of peace, to make oath as to fines, 440

payment by salary, 441

certificate of costs of appeal not paid, 222, 250

COAL Mines Regulation Act, manager's liability for cruelty,

29

COINAGE Act, jurisdiction in offences against, 293, 300
search warrant may issue, 304

arrest under, 319

COLONIAL definitions in future Acts, 507

COLONIAL governor, offences by, 295

COMMENCEMENT of Summary Jurisdiction Act, 1879...123
of statutes generally, 510

of proceedings under certain statutes, 44
of rules of 1886...223

of prosecution, what is, 313

of prosecutions, where time is limited, 313
COMMISSION of peace, counties, 287
boroughs, 291

COMMISSIONER, declaration before, 195
COMMISSIONERS of Sewers, property of, 25
COMMITTAL for trial, where person claims jury, 146
in admiralty offences, 296

of person after true bill found, 302
questions for justices prior to, 348
for trial, to what court, 351

to county where offence is committed, where examination
was in county of apprehension, 358

where evidence insufficient in one county, 358

bail after, 360

to assizes for adjoining county, upon what evidence, 359
duties of justices as to, 367

to what prisons and courts, 367

for adjoining counties, 368

provisions of Prisons Act, 368

cost of conveying to gaol, 103, 370

depositions to be forwarded to clerk of peace as soon as
practicable, 355

meaning of, 368, 509

COMMITMENT of witness refusing to answer, 38, 41, 327
of defendant pending adjournment for variance, 23, 11, 42
on general adjournment, 90

after distress warrant issued, 100
verbal, after arrest on warrant, 73

separate, for each instalment unpaid, 128

of overseers for detention of books, 57

in first instance for non-payment of penalty, 103
warrant of, 97

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COMMITMENT, defect in, 194

where statute provides no remedy on return of nulla
bona, 103

proceedings on, in first instance, 103
for non-payment of money, 155
under Debtors Act, 1869...5, 491
rule as to date of, 228

forms of, 233, 242–245

See" Index to Forms," 221

form of, in civil debt procedure, 253

of witness refusing to be bound over, 352, 380

indorsement on, of consent to bail, 361

form of, of person indicted, 376

of witness for refusing to testify, 378
general, 384

in lieu of distress under Youthful Offenders Act, 265
in default of, 266

COMPANY, service on, 7

limited, person includes, 502

COMPENSATION under Lands Clauses Act, 16
by railway limitation, 54

of innocent purchase of stolen goods, 165, 457
COMPETENCY of witness. See "Witness."
COMPETENT magistrate, definition, 387
COMPLAINANT, conduct of case by, 62
where no appearance, dismissal, 91

to have notice of arrest of defendant pending adjourn-
ment, 73

liable for costs on dismissal, 108

death of, does not abate criminal proceedings, 20

COMPLAINT, how made, 42, 45

for one matter only, 45, 46, 47

need not be in writing, 3

before one justice, 113

distinction between, and information, 3

objections to form of, 2

for what warrants may issue, 17, 18

ou oath for warrant, 17

no warrant for, for civil debts, 19

not required when defendant before justices already, 161
who to make complaint, 50

hearing, 60, 74

dismissal of, 75, 90

adjournment, 72

money recoverable on, civil debt, 126

sums leviable by distress without complaint, civil debts,
201

applications of Summary Jurisdiction Act to, under
future Acts, 204

by constable and clerk for recovery of money under
securities, 158

descriptions of property in, 25

form of, 230

form for civil debts, 251

in indictable cases for summons or warrant, 286

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CONCEALMENT of birth not triable at quarter sessions, 353
bail in, 360

CONCURRENT or consecutive sentences, 107

judgment of court of, jurisdiction, 84. See " Estoppel."
CONDITIONAL discharge of defendant, 145

CONDITION precedent, 419

CONDITIONS in recognizance (indictable cases) forms, 379
CONFESSION of defendant, when admissible, 343-346
CONSECUTIVE imprisonments, 107

with fine, 108

CONSOLIDATED forms, 1886...230

CONSPIRACY, jurisdiction in, 394

not triable generally at quarter sessions, 353

to charge felony, costs, 475

to commit felony, costs, 475

CONSPIRACY and Protection of Property Act, conviction
under, 93

CONSTABLE to serve summons, 2

to attend and prove service, 2, 5, 72
warrant of arrest directed to, 21
execution of unbacked warrant by,

to execute distress, 97-101

24

to send account of distress costs, 116, 198

to make complaint for recovery of sums under securities,
158

to pay sums received to clerk to justices, 116

costs of, for conveying to gaol, 108

assault on, varies from common assault, 12

of borough, bail by, 192

duties of, in brothel prosecutions, 171

arrest of fugitive criminal by, 301

duty of, in execution of search warrants, 304

apprehending in one county may take before justice of
adjoining, 305

for county when to act in borough, 306

arrest by generally, 317

arrest under Municipal Corporations Act, 1882...319

in backing warrants, 319

costs of in conveying to county for trial, 359

execution of warrants of commitment by, 377

costs of conveying to gaol on committal for trial, 369

form of order for costs of, 385

actions against, 396

table of fees of, 487

CONTAGIOUS Diseases (Animals) Act, 32, 36

CONTEMPT of Court, 62

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