As to Summary
Convictions.

tice may receive and grant process thereon, and also to a witness, and do all other necessary acts and matters preliminary to the hearing (s. 29). Not to be on oath except where a warrant granted in the first instance [or on disobedience of a summons, s. 2], or the particular statute requires it (s. 10). Complaint need not be in writing unless expressly required (s. 8) (8). Only one offence or matter of complaint to be inserted, and may be preferred by counsel or attorney (s. 10). Where no time provided by the particular statute, it is to be preferred within six calendar months (s. 11). This statute does not give Forms of Information or Complaint (see a Form No. 1). Aiders and abettors are punishable as principals (s. 5).

Process to issue to Defendants.-On an Information for an offence or act a summons (No. 8), or warrant (No. 11), at discretion in the first instance, or warrant on disobedience of the summons (No. 10), and proof of service. On a Complaint a summons (No. 8), or warrant on disobedience thereof (No. 10). Service of summons personal or at abode a reasonable time before hearing, or ex parte hearing (ss. 1, 2).

Bailing Defendant.-One justice may commit (No. 12), or take
bail (No. 13), either before (s. 16) or on adjournment of the
hearing (No. 16) (ss. 9, 3, 16). After adjudication, till re-
turn of distress warrant (s. 20) (No. 55). Provisions as to
estreating recognizances (No. 15).

Summons to Witness (No. 19).-May be issued in all cases (t) by
any one justice, on an oath being made that the witness, who
is within the justice's jurisdiction, is likely to give material
evidence for either party; service at abode or personally;
tender of expenses necessary; warrant on disobedience of
summons (No. 21), which can be backed; or warrant in the
first instance if witness will not attend (No. 22). Refusing
to be examined, &c., imprisonment for not exceeding seven
days (u) (No. 23) (s. 7).
Hearing.-Before the same number of justices required by the
particular statute to adjudicate; under after-passed statutes,
containing no direction to the contrary, one justice only

(s) The particular statutes and sections requiring the Information or Complaint in certain cases to be on oath or in writing are to be seen by reference to the 3rd col. of Chap. II. of Part I. of " Synopsis," 4th ed.

(t) Under what circumstances this summons to a witness can be granted, vide Oke's "Synopsis," 4th ed. p. 71.

(u) It appears that this punishment would be cumulative in those cases where the statutes giving cognizance of the matters impose a penalty on witnesses not attending, &c.; there are many such, for which see the notes to the 2nd column of Chap. II. of Part I. of Oke's "Synopsis," 4th ed.

Convictions.

necessary, [any qualified justices may act] (x); in open As to Summary
court; attorney allowed for either party (s. 12); where two
or more required, they must be present and acting together,
and it is not necessary that the justice who acts before or
after such hearing shall be the justice or one of the justices
by whom the same shall be heard and determined (s. 29);
informer cannot be a witness (s. 15); default of appearance
of defendant, on proof of due service of summons, warrant to
apprehend and adjourn hearing, or proceed ex parte (s. 13);
default of complainant or informer attending, proceed and
dismiss complaint or information with or without costs (ss. 13,
16) (No. 31, 32, 34, 35, 36, 37).

Appearance of both parties; charge read; examination of
witnesses; not necessary to prove a negative in information,
&c. (s. 14); adjournment of hearing, and defendant bailed
(No. 13, 15), or committed (No. 12) (s. 16).

Adjudication to be pronounced of imprisonment, penalty, amount of damage or compensation, or both, and [in all cases (s. 18)] costs of complainant, and the imprisonment in default, as the case may be (Convictions, No. 39–41); and orders (No. 44-46). If defendant in prison for another offence, cumulative imprisonment (s. 25). Minute of adjudication to be made (s. 14, Form No. 30).

Copy of minute (s. 17, Form No.

of an order to be served before enforced
60).
Enforcing Convictions and Orders. - Any one justice may do so,
and it is not necessary that he should be the justice or one of
the justices by whom the case was heard and determined
(s. 29). Convictions and orders to be referred to quarter
sessions (s. 14) (y).
Convictions]-1. Where the punishment is imprisonment

only, committal immediate (No. 48); costs recovered by
distress (No. 49); in default, additional imprisonment

(z) Vide Oke's "Synopsis," 4th ed. 4th column of Chap. II. of Part I., as to what justices are disqualified under particular statutes from acting, and when the hearing must take place before justices of and in a particular locality, &c.; as also the number required to hear and adjudicate, this statute of 11 & 12 Vict. c. 43, not affecting the kind of justices, nor the number, except as regards after-passed statutes containing no direction to the contrary.

(y) Here it is proper to recommend to justices' clerks that the convictions and orders should be prepared by them as soon as practicable after each case is heard and adjudicated upon by the justices, so that they may be ready to be signed the first convenient opportunity. Where they are prepared only a day or two before the sessions, much inconvenience arises in obtaining the justices' signatures in proper time, and errors often occur in the drawing them up so long after the facts (perhaps not always clearly written down) are forgotten.

As to Summary
Convictions.

for not exceeding one calendar month, unlesss payment thereof, costs of distress, and of commitment and conveyance to prison, be sooner made (s. 24, No. 50); on confession of no goods, &c., committal for costs immediate (No. 51).

2. Where for a penalty, and in default imprisonment, committal immediate, or after time given (No. 52); costs included in same warrant as well as conveyance to gaol (s. 23).

3. Where for a penalty, to be levied by distress, and in default, imprisonment; detainer until return of distress warrant for same and costs, unless security given (No. 53, 55); may be backed (ss. 19, 20); in default of distress (s. 21), or confession of no goods, or if goods and the distress would be ruinous (s. 19), committal for term adjudged, unless penalty and costs of conviction, costs of distress and of commitment and conveyance to prison, be sooner paid (s. 21), (No. 58, 54).

4. Where no remedy provided by the particular statute in default of distress, imprisonment for not exceeding three calendar months, unless penalty, costs of conviction, of distress, and of commitment and conveyance to prison, be sooner paid (s. 22). Forms as 3 above.

5. Where no remedy given for enforcing payment of a penalty, it must be by distress (s. 19). See 4 above for imprisonment in default.

Orders.]-Minute of an order to be first served (s. 17, Form No. 60).

1. Where the order is for the doing of some act, and on disobedience imprisonment, committal for term adjudged immediate (No. 61); costs recovered as in 1 above (Convictions), s. 24, (No. 62, 63, 64), commitment immediate.

2. Where for payment of a sum recoverable by committal in the first instance, the same as 2 (Convictions) above (s. 23, No. 65).

3. Where for payment of a sum recoverable by distress, the same as 3 (Convictions) above (s. 19), No. 66, 67, 68, 69, 70, and Commitment, No. 71.

4 and 5. Where no remedy provided by the particular statute in default of distress, or no remedy for enforcing a sum on an order, the proceeding will be the same as 4 and 5 on Convictions above (ss. 19, 22).

Costs on Dismissal.—Minute of order to be first served (s. 17); recovered from complainant by distress (No. 34), and in default imprisonment for not exceeding one calendar month,

Convictions.

unless same and costs of distress and of commitment and con- As to Summary veying to gaol be sooner paid (ss. 18, 26, No. 37); on confession of no goods, &c., committal immediate (No. 38). Appeal. After an appeal against a conviction or order decided in favour of the respondent, any one justice may enforce such conviction or order; and if costs of appeal given to either party, and not paid, and the clerk of the peace certifies the non-payment (No. 81), any justice may issue a distress warrant (No. 82) for same; and in default of distress, imprisonment for not exceeding three calendar months, unless the amount, costs of distress and of commitment and conveying to prison, be sooner paid (s. 27, No. 83).

Secondly, As TO INDICTABLE OFFENCES (11 & 12 Vict. As to Indicta

c. 42).

The letter and figures "No. 1," refer to the number prefixed to the
General Forms in Chap. I. of Part II.

Preferring the Charge (z).—If a warrant is intended to issue, an
information in writing and on oath must be laid (No. 1); but
if a summons, it may be by parol merely, and without oath
(s. 8).

Process to issue against Offenders.—A summons (No. 7), or war-
rant (No. 6), at discretion, may be issued in the first instance
(ss. 1, 9); the service of summons to be by a constable or
other peace officer, either personally, or, if the accused cannot
conveniently be met with, then by leaving the same with
some person for him at his last or most usual place of abode
(s. 9). Warrant on disobedience (No. 9) and proof of service
of summons (s. 9), or a warrant (No. 6), may be issued before
or after the time of appearance to the summons (s. 1).
For offences committed at sea or abroad, a justice where the
offender shall be may grant a warrant (s. 2, No. 12).
Where an indictment found, and the accused is at large, a jus-
tice, where offence committed or accused shall be, upon cer-
tificate (No. 13) from the clerk of indictments or clerk of the
peace, to issue his warrant (No. 14), and on accused being
brought before him, and he is satisfied of his identity, to
commit him for trial in the usual manner (No. 16); or where
accused in custody, to issue warrant to detain him (No. 18,
s. 3).

Any warrant or any search warrant may be granted on a Sun-
day (s. 4).

(z) There are only a few instances of the time of prosecution for an indictable offence being limited. Vide Oke's "Synopsis," 4th ed. Chap. I. of Part II.

O. F.

C

ble Offences.

As to Indictable Offences.

Remanding or bailing Accused.-One justice may do so by committing accused to gaol (No. 21) for not exceeding eight clear days at a time; or if not exceeding three clear days, a verbal order to detain him is sufficient. Instead of committal or detention, accused may be bailed with or without sureties (No. 23, 24, 25); and justice may have accused before him before expiration of the remand if in gaol (No. 22, s. 21). Compelling Witnesses' Attendance, &c.-By s. 16, a summons (No. 27) may be issued by any one justice, on an oath being made that the person within the justice's jurisdiction is likely to give material evidence for the prosecution. Service may be personally or at abode; if summon disobeyed, a warrant (No. 29) may be issued on proof of service; or if a justice is satisfied by oath that the witness will not attend without being compelled, a warrant in the first instance (No. 30) may be granted. Refusing to be examined or to answer questions, committal to prison for not exceeding seven days (No. 31). The Preliminary Examination.-Place not an open court for this purpose (s. 19). Depositions of witnesses (No. 33) to be taken on oath in the presence of accused, who are to sign same as well as the justice or justices (s. 17); after examination of prosecutor's witnesses completed, justice to cause depositions to be read to accused, and then to caution him (s. 18, No. 37). If evidence insufficient, accused to be discharged; but if sufficient, to be committed (No. 38) for trial (a), or bailed (see below), s. 25. Money in accused's possession may be applied by justice's order (No. 61) towards the expenses of his conveyance to prison; if none, a separate order on county treasurer for the amount, on gaoler giving a receipt for the accused, setting forth his condition when received (s. 26, No. 59).

Where offender apprehended in one county, &c., charged with an offence committed in another county, &c., he may be examined in the former (ss. 11, 22); and if evidence sufficient, committal in the usual manner to the gaol of the county where the offence committed, and witnesses bound over; but if the evidence be insufficient, justice to order [by warrant, No. 41,] accused to be taken before a justice of the county where offence committed, and bind over the witnesses to give evidence, at the same time delivering the complaint and depositions taken to the constable. Order (No. 42) to be made by the latter justice on county treasurer for constable's

(a) Whether to be committed to the assizes or sessions will be seen for every offence at a view, in Oke's "Synopsis," 4th ed., in the 4th column of Chap. II. of Part II. of that work.