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FELONY, indictment for, after conviction of misdemeanor for
same facts, 85

what not triable at quarter sessions, 353

attempt to commit, costs in, 474

cost in any, 478

duty of justices on charges of, under Criminal Law Act,

1826...449

accessories in, 27, 37

FENCE destroying, right to jury, 148

FENCE stealing, 149

FERTILIZERS and Feeding Stuffs Act, summons under,
14, 19

FINE, defined, 203

part payment at prison, 126, 229, 498, 499
instead of imprisonment, 124

mitigation of, 124, 206

restriction on, in case of children, 132

proceeds of forfeiture disposed of as, 194

recovery of, Summary Jurisdiction Act, 1884...217

small, costs in, 129

justice's clerks account of, 223

FIRE, setting, to crops, &c., not triable at quarter sessions, 353

FOOD and Drugs Act, limitation to proceedings, 44

service under, 6

summons under, 13

FOREIGN ship, defined, 298

FOREIGNERS, offences by, on high seas, 298
FORFEITURES, not pecuniary, disposal of, 194
of recognizances, 130
form of summons for, 231

of pirated musical copies, 10

FORGERY, of pawnbrokers' certificate, 148
of pedlars' certificates, 149

jurisdiction in, 299

search warrant in, 304

FORM, defect in, of information, 11

of summons or warrant, 2, 22

in distress warrant, or commitment, 194

FORMS, in schedule (1886), valid, 119

index to summary jurisdiction forms, 220-222

of indorsement, Summary Jurisdiction (Process) Act, 285
rules of 1886, as to, 229

annulment of old forms, 229

in indictable cases, valid, 372

under Employers and Workmen Act, 1875...279

FORTHWITH, meaning of, 80

FOUND, meaning of, in regard to jurisdiction, 297, 299
FOUND committing, meaning of, 318. See "Arrest.”
FRACTIONS of a day do not count, 44

FRAUDULENT removal of goods, jurisdiction, 36, 72
appeal, 177

FRESH pursuit, 21, 317

distance, how measured, 23, 317

FRIENDLY societies, service of process on, 6

statement of case in relation to, 415

FRIVOLOUS application for case, 414, 417, 425, 432
grounds of appeal under Baines' Act, 431

FUGITIVE offenders, statute, 292

arrest of, by constable, 301

FUTURE Acts, application of Summary Jurisdiction Acts to,

204

GAME Acts relating to, limitation, 44, 313
claim of right under, 68, 71

entering land armed in pursuit, 354
trespass in pursuit, jurisdiction, 68, 69, 71

GAMING-HOUSE, right to jury, 148
master and servant keeping, 30

as to conviction for keeping, 426

GAMING Act, search warrant may issue, 304
conviction under, 3

GAOL, conveying to, on committal for trial, 367
governor of, may take recognizance, 196
GAOLER to pay sums to clerk to justices, 117
receipt for prisoner, 385

GAS company, justice interested in, 66

GENERAL sessions, appeal to, 111, 174

GEOGRAPHICAL and colonial definitions in future Acts, 507
GOLD and Silver Wares Act, search warrant under, 304

GOOD Friday, term of imprisonment expiring on, 500

GOODS, unlawful detention of, 72, 84

dismissal of summons for detaining no bar to action, 84
impounding on distress, 197

unlawfully pawned, order as to delivery, 84

GOVERNOR of colony, offence by, 295

definition of, 298

GOVERNOR of gaol, certificate of recognizance, 250
recognizance may be taken before, 196, 225

rule as to, 225

warrant of deliverance on bail to be sent to, 367
form of such warrant, 384

liability of, for detaining prisoner on bad conviction,

102

or on original warrant when appeal to quarter sessions
conviction varied, 111

to receive and detain alien with respect to expulsion,
274

GOVERNMENT stores, search warrant may issue, 304

GRAND jury, warrant to issue, on certificate of bill found by,

301

when depositions read before, 334

GROCERS' licence, interested justices, 65
GROUNDS of appeal, 174, 179

of justices' decision in affidavit, 408
in statement of case, 409
under Baines' Act, 431
defective, 431

amendment of, 431
frivolous, 432

GUARDIAN defined, 203, 204

appointment of, to child, by Chancery Division, 140
under Youthful Offenders Act, 204

clerk to, may act as attorney, 62

GUARDIANS and union, meaning of, 507

GUERNSEY, backing warrants in, 24, 122, 324, 387
GUILTY knowledge, 28. See " Mens rea."

HABEAS corpus, writ of, for witnesses in prison, 38, 39
of person indicted, but in custody for another offence,
202

appeal from Divisional Court on refusal of, query, 427
not required where order of court to bring up prisoner
indicted and under sentence for other offence, 458
rules of 1906 relating to, 303

HACKNEY Carriage Act, limitation, 44
HANDWRITING, proof of signature of justice, 195
HARBOUR offences in (summary jurisdiction), 200
indictable, 295

HARD labour, when imposed, 94, 96, 123, 125, 137
treatment of prisoners without, 125, 498

HEARING, separate, where several defendants, 31, 32
of complaints, &c., 60, 72, 77, 113

what is sufficient, for certificate of dismissal, 8:3
adjournment (q.v.) in defendant's absence, 2, 18, 72
of indictable offences summarily dealt with, 151, 159,
163, 209

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

See "Adjournment."

HIGHWAY, encroachment on, 56

offences on, 200

appeal from Divisional Court on case stated on order to
repair, 427

HIGHWAY Acts, limitation of proceedings, 56

statement of case under, 417

no appeal to quarter sessions under, except in case of
conviction, 178

HIGH Court, meaning of, 504

no power to reduce penalty, 428

HIGH seas, offences on, 295

warrant for offences on, 295

jurisdiction on, 295

HIGH seas, British ship on, 297
offences by foreigners on, 298
where dealt with, 298

when boundaries doubtful in customs offences, deemed
to be an offence on, 299

HOMICIDE not triable summarily, 132, 214

HORSEFLESH, Sale of, Act, search warrant may issue under,
304

HOUSE in filthy condition, informant, 50

HUSBAND, when competent witness against wife, 41, 76
competent, witness to means (judicial separation), 76
liability of, lunatics, 122

See also "Wife" and "Witness."

ILLEGAL process, arrest on, 73
charges on distress, 197

IMPLIED jurisdiction, 32, 205

IMPOUNDING goods on distress, 197

IMPRISONMENT, time of, how calculated, 104

term of, expiring on Sunday, Christmas Day, or Good
Friday, 500

in fault of distress, 96, 101

in default of sureties, 160

where authorised by statute, distress may in all cases
issue, 103

in default of distress for costs on order not for payment
of money, 106

for further term where costs on conviction, other than

for penalty, are not paid, 106

when authorised by statute may be dispensed with, 124
scale of, in default of payment, 125

with hard labour, where given in default of paying fine,
125

where no goods to distrain, 155

where part of sum under conviction has been paid by
instalments, 155

for non-compliance with order of court, 188

provisions of S. J. Act, 1879, to apply to sums not civil
debts, 201

without option of fine, entitles to appeal, 150

for three months entitles to trial by jury, 147

three months does not include imprisonment in default
of sureties, 150, 158

cumulative, limit to total period in assault, 149
for subsequent offence, when commencing, 107
on concurrent or consecutive sentences, 108
form of commitment for, 244

of prosecutor and complainant on non-payment of costs,
108

in case of child summarily tried, 132
in case of adult (summary trial), 140
in case of adult on plea of guilty, 141
in case of juvenile offender, 137
may be mitigated to fine, 124, 205
of married women, 191

See "Mitigation of Punishment."

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INDICTABLE offences to be summarily dealt with on fixed
days, 151

what can be so dealt with, 209, 350

justice acting in relation to, in court of summary juris-
diction, 152

remand in, 356

remand in (summary jurisdiction), 159

summary jurisdiction in, 163

regulations of Summary Jurisdiction Act, 1879...163
local jurisdiction of court of summary jurisdiction in,
163

evidence as to, before justices, 348

costs of prosecution before justices on committal for
trial, 474, 482, 487

INDICTABLE Offences Act, 1848, provisions as to backing
apply to Summary Jurisdiction Act, 1848...22

justices acting under, is a court of summary jurisdiction,

196

INDICTMENT when barred by summary conviction, 88, 184
previous conviction on, 143, 146, 164

effect of summary conviction for offence triable on, 163
where found by grand jury against person at large, 301
found at quarter sessions when triable at assizes, 353
amendment of, under Baines' Act, 434

INDICTMENTS, clerk of, certificate of, 302

INDORSEMENT in Summary Jurisdiction (Process) Act,
285

form, under rules of 1886...245

form of, on forfeiture of recognizance, 246

on mitigation of forfeiture, 246

See" Backing."

INDUSTRIAL school, child may be sent to, 133, 138

may be committed to care of relation, instead of, 136,
139

statute as to, 137, 138

under Elementary Education Act, 139, 269

child living with prostitutes, 139, 270

cannot be detained after 16 years of age, 139

INDUSTRIAL Schools Act, forms under, 269
INEBRIATES Act, offences under, 141

application of S. J. Act, 1879, to, 141, 210
detention under, 141

expenses of prosecution under, 474

INFANT Life Protection Act, right to jury, 148

INFANT incapable of rape, 135

can be convicted as a principal in second degree, 135
convicted of felony, Court of Chancery may appoint
guardian, 140

cases of murder by, 136

liability of, for misdemeanor, 136

INFIRM witnesses, 39

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