branch of the law, the intervention of other matter, and the absence of references, in many instances, to the various parts of the subject dispersed throughout the works, prevent the immediate perception of and connection between the offence enacted, the penalty, and mode of proceeding for and enforcing it, and other essential particulars so necessary to be instantly known by justices exercising summary jurisdiction, as well as by advocates engaged before criminal tribunals. The offences subject to the summary jurisdiction of justices of the peace number nearly 2000, and are annually increasing; but the work is not limited to summary convictions, it embraces the whole proceedings before justices out of quarter sessions in all matters, arranged upon a thoroughly practical plan for rapid reference; for the inconvenience alluded to applied equally to the latter as well as the former cases. In the Second Edition, published in December, 1848, the arrangement of the subjects was improved (without interfering with its approved tabular form), in accordance with the consolidated practice provided by Sir John Jervis's Acts, 11 & 12 Vict. cc. 42, 43, and a variety of matter as to the practice which had been thereby superseded omitted, and the work divided into Three distinct Parts, as it stands at present; the First Part relating to Summary Convictions, the Second to Indictable Offences, and the Third to Special and Petty Sessions Matters. Part I. is divided into three Chapters: Chap. I. is The Law and Practice of Procedure in general, from the laying of the Information to the Appeal against the Conviction, subdivided into practical Sections, in the order in which the stages of the practice occur, embodying the general Forms or Outlines in the Schedule to the 11 & 12 Vict. c. 43; Chap. II. forms a Synopsis of Offences within the provisions of the 11 & 12 Vict. c. 43, with the penalties, time of proceeding, number of justices, &c., required in each, in which reference is also made to the page of my other work, "THE MAGISTERIAL FORMULIST" (a), where the special form of technical description of the offence, or other necessary forms required in the proceedings, are to be found; Chap. III. comprises also a tabular view of Offences, with their penalties, &c. exempted from the operation of the 11 & 12 Vict. c. 43. Part II. is divided into Two Chapters: Chap. I. is the Law and Practice of Procedure in general, from the preferring of the charge to the committal of the accused for trial, in practical divisions and in the order of time, with the general Forms in the Schedule to the 11 & 12 Vict. c. 42; and Chap. II. is a Synopsis of Indictable Offences at common law and by statute, showing at a view where each is to be tried, the practice as to bail, the punishment, costs of prosecution, and the page of the "FORMULIST" in which the technical description of the offence is given. Part III. is divided into Two Chapters: Chap. I. gives the Practice in Special Sessions, and Chap. II. that in Petty Sessions, or by one Justice; both Chapters containing a reference to the "FORMULIST" for the special and necessary Forms. (a) This Work, compiled and published a few months since at the urgent solicitation of several of the magistracy and their clerks, is arranged in the like three divisions as the present Work, and contains a complete collection of nearly 1800 Forms and Precedents for practical use in all matters out of Quarter Sessions required by justices and justices' clerks, especially the mode of describing all Summary Offences and Complaints as well as Indictable Offences, the whole being practically adapted to the general outlines of forms in Jervis's Acts, 11 & 12 Vict. cc. 42, 43, with explanatory directions, variations and notes, thereby securing that great desideratum in legal proceedings of this nature-uniformity in forms, as well as in practice,—and is the only published complete collection of Magisterial Precedents adapted to the practice as consolidated by those acts. It was published in a separate volume, because, if incorporatod with the present Work, it would have extended it to two volumes; while, as it is, it may be used as a companion to any other Book of Practice as to the present Work, and therefore many who require this (the Practice) only may purchase it, without being obliged to purchase the other containing the Forms; while to the majority of persons both Works are of service, and they will find it convenient that the Forms are separated from the Practice. To the present edition I have prefixed an Introduction, containing general matters, or such as applied more or less to each division or class of the subjects, and by its inser- tion I have saved much repetition, which otherwise could not have been avoided, viz., of the nature of the duties of the justices of the peace; their jurisdiction as to the locality, interest, &c.; their protection from vexatious ac- tions; and of the office of clerk to the justices and his fees, which, I venture to think, will be found useful. I have These necessary additions have increased the bulk of the work about a hundred pages; but it being thus made The reader will please make the necessary corrections NEWMARKET, November 23rd, 1850. 1. Of the Nature of the Duties of Justices of the Peace out of Sessions, p. 1-4. 2. Jurisdiction of Justices as to the Locality, Interest, &c., p. 4—20. 3. The Protection of Justices from vexatious Actions, p. 20-23. 4. Of the Constitution and Management of Benches of Magistrates, p. 23-33. 5. Of the Office of Clerk to the Justices, and his Fees, 34-42. THE LAW AND PRACTICE OF PROCEDURE IN GENERAL. PRELIMINARY OBSERVATIONS, p. 43; what 11 & 12 Vict. c. 43 applies to, 44; SECT. 1.—OF THE INFORMATION AND COMPLAINT, THEIR REQUISITES AND SECT. 2.-THE PROCESS TO ISSUE TO DEFENDANTS, p. 64-68. (1). On Informations, 64-67; Forms, 66, 67. (2). On Complaints, 68. SECT. 4.-OF COMPELLING WITNESSES' ATTENDANCE, &c., p. 72-76; Forms, SECT. 5.-THE HEARING AND ADJUDICATION, &c., p. 76-102. (1). Hearing, before whom and where, 76; (2). Of Adjournments, 79; (3). Appearance of Complainant, and Defendant not appearing, 79; (4). Ap- pearance of Defendant, and Complainant not appearing, 80; (5). Non- appearance of either or both Parties at adjourned Hearing, 84; (6). Appear- ance of all Parties, 85; (7). The Adjudication, and Proceedings thereon, SECT. 6. OF ENFORCING CONVICTIONS AND ORDERS, AND COSTS, p. 102–123. General observations, 102-106. (1). Enforcing Convictions on Informations, 106–116; where imprisonment only, 106; Forms, 107-109; where imprisonment in default of pay- ment of a penalty, &c. in the first instance, 109; Forms, 110; where for a penalty to be levied by distress and imprisonment in default, 111; Forms, 113-115; where no remedy given in default of distress, 115; where there is no remedy for enforcing payment, 116. (2). Enforcing Orders on Complaints, 116-121; where imprisonment only, 116; Forms, 117-118; where imprisonment in default of payment of a sum in the first instance, 118; Form, 118, 119; where the sum is to be levied by distress, 119; Forms, 119, 120; where no remedy given in default of distress, or where there is no remedy given for enforcing payment, 121; Form of Liberate, 121. (3). Enforcing Costs on Dismissal of Information or Complaint, 121. (4). Enforcing Costs of Conveyance to Gaol, 121-123; Form, 123. THE SYNOPSIS OF OFFENCES, ETC. within THE PROVISIONS OF Preliminary observations, 131; explanation of the columns, 132, 133; expla- nations of abbreviations used, 133. The letter and figures O. 10, or otherwise, signify Offence, number 10. ALEHOUSES, p. 134-139; I. Offences against the licence, O. 1-9; II. Other APPRENTICES, p. 140-143, O. 1–9. ASSAULT, p. 142–145, O. 1—6. B. BATHS AND WASHHOUSES, p. 146-147, O. 1-4. BEERHOUSES, p. 146-153; I. Offences against the licence, O. 1-9; II. Offences BREAD AND FLOUR, p. 154-159; Offences beyond the bills of mortality, &c., 0.1-26. |