Witnesses.

Proceedings

mations. Variance.

Section 4 provides for the description in an information or complaint of property belonging to partners or corporations or other bodies.

By section 5, persons aiding or abetting in any offence punishable on summary conviction may be proceeded with in the same way as the principals.

By section 6, the provisions of 11 & 12 Vict. c. 42, as to jus tices in one county acting for another are to extend to this Act.

By section 7, if it shall be proved upon oath to any justice that any person within the jurisdiction of such justice is likely to give material evidence, and will not voluntarily appear as a witness at the hearing of such information or complaint, such justice is to issue his summons to such person under his hand and seal, requiring him to appear at a time and place mentioned before the justices to testify what he knows concerning the matter of the said information or complaint. If a summoms be not obeyed, the justices may issue a warrant; or if it is probable that such person will not attend to give evidence without being compelled so to do, then a warrant may be issued in the first instance. Persons appearing on the summons, but refusing to be examined, may be committed for not more than seven days.

By section 8, complaints for an order need not be in writing.

By section 9, in all cases of informations for any offences upon infor- punishable upon summary conviction any variance between such information and the evidence adduced in support thereof as to the time at which such offence or act shall be alleged to have been committed shall not be deemed material, if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence adduced in support thereof as to the parish or township in which the offence shall be alleged to have been committed shall not be deemed material, provided that the offence be proved to have been committed within the jurisdiction of the justices by whom such information shall be heard. The party charged, if deceived by variation between information and evidence, may be committed or discharged upon recognizances during such adjournment, as the justices may think fit.

Complaint and information, how made.

By section 10, every complaint upon which justices of the peace are authorized to make an order, and every information for any offence punishable upon summary conviction, may respectively be made or laid without any oath or affirmation being made of its truth; except in cases of informations where

the justices receiving the same shall thereupon issue a warrant in the first instance; in every such case the matter of the information shall be substantiated by the oath or affirmation of the informant, or by some witness or witnesses on his behalf, before any such warrant shall be issued. Every complaint or information is to be for one matter only, and may be laid or made by the complainant or informant in person or by his counsel or attorney or other authorized person.

By section 11, the time is limited for such complaint or information to six months from the time when the matter arose.

By section 12, every such complaint and information shall be The heartried by one or two or more justice or justices of the peace, as ing. shall be directed by the Act of Parliament upon which such complaint or information shall be framed; and the room or place in which such justice or justices shall sit to try any such complaint or information shall be deemed an open and public court, to which the public generally may have access, so far as it can contain them. Parties are allowed to plead and crossexamine by counsel or attorney.

By section 13, if the defendant does not appear, justices may Non-appear, proceed to hear and determine, or issue warrant, and adjourn ance of parties. the hearing till defendant is apprehended. When apprehended, he is to be committed to such custody as the justices may think fit, and they shall fix a day and give him notice of it for bringing him up for trial. If the defendant appear, and the complainant does not, the justices may dismiss the complaint, or at discretion adjourn the hearing and commit or discharge defendant upon recognizance. If both parties appear, either personally or by their respective counsel or attorneys, the justices shall hear and determine the case.

Section 14 provides for the procedure upon the hearing of a complaint or information.

By section 15, prosecutors and complainants are to be deemed competent witnesses, and examined upon oath, if they have no pecuniary interest in the result.

By section 16, power is given to justices to adjourn the hearing of cases, and commit defendant, or suffer him to go at large, or discharge him upon his own recognizance.

Section 17 provides for a copy of an order being given to defendant before a warrant is issued.

By section 18, justices may award costs, which shall be specified in conviction or order of dismissal, and may be recovered by distress.

Warrant of distress,

Insufficient distress.

Commitment.

By section 19, where a conviction adjudges a pecuniary penalty or compensation to be paid, or where an order requires the payment of a sum of money, the justices may issue a warrant of distress for the purpose of levying the same in writing under the hand and seal of the justice making it, and if after delivery of such warrant of distress to the constable to whom it shall have been directed to be executed sufficient distress shall not be found, then, upon proof on oath of the handwriting of the justice granting such warrant, any justice of any other place shall thereupon make and sign an indorsement on such warrant, authorizing its execution within the limits of his jurisdiction, and the sum, or so much thereof as may not have been paid, shall be levied by the person bringing such warrant, or to whom such warrant was originally directed, or by any constable or other peace officer of such last-mentioned county or place, by distress and sale of the goods and chattels of the defendant in such other county or place. But see section 43 of Summary Jurisdiction, 1879.

By section 20 the justice, after issuing warrant, may suffer defendant to go at large, or order him into custody until return be made, unless he gives security by recognizance.

By section 21, if at the time and place appointed for the return of any such warrant of distress the constable who shall have had the execution of the same shall return that he could find no goods or chattels, or no sufficient goods or chattels whereon he could levy the sum therein mentioned, together with the costs of levying the same, the justice may issue a warrant of commitment directed to the same or any other constable, requiring him to convey the defendant to the house of correction, or if there be no house of correction, then to the common gaol of the place for which such justice shall then be acting, and there to deliver him to the keeper, and requiring the keeper to receive him and imprison him, or to imprison him and keep him to hard labour, in such manner and for such time as shall have been directed by the statute on which the conviction or order was founded, unless the sums adjudged to be paid, and all costs and charges of the distress, and commitment and conveying of the defendant to prison, if the justice shall think fit (the amount being ascertained and stated in such commitment,) shall be sooner paid.

By section 22, in all cases of penalties, convictions, or orders, where the statute provides no remedy in default of distress, justice may commit defendant to prison for not more than three

months.

By section 23, where the statute makes no provision for distress, but directs that if the penalty be not paid forthwith, or within a certain time therein mentioned, or to be mentioned in

the conviction or order, the defendant shall be imprisoned, or imprisoned and kept to hard labour, for a certain time, unless such penalty shall be sooner paid, the sum shall not be levied by distress; but if the defendant do not pay it, together with costs, if awarded, forthwith, or at the time specified, the justices may issue a warrant requiring the constable or constables to whom the same shall be directed, to take the defendant to the house of correction or common gaol for the place, and to deliver him to the keeper, and requiring the keeper to receive and imprison him, or to imprison him and keep him to hard labour for such time as the statute shall direct, unless the sum, costs and charges, shall be sooner paid.

Section 24 gives power to justices to order defendant to be committed to prison where the conviction is not for a penalty nor the order for payment of money, and the punishment is by imprisonment, and in such cases the costs may be levied by distress, and in default defendant may be committed for a further term.

By section 25, where justices shall upon any information or complaint adjudge the defendant to be imprisoned, and he shall then be in prison for any other offence, the warrant for such subsequent offence shall be forthwith delivered to the gaoler to whom it shall be directed, and the justices may order that the imprisonment for the subsequent offence shall commence at the expiration of the imprisonment to which the defendant shall have been previously sentenced.

Section 26 provides for recovering costs from the prosecutor by distress or imprisonment if the information be dismissed.

Section 27 provides for procedure after an appeal has been heard and dismissed, and for the recovery of he costs of such appeal by distress or imprisonment.

By section 28, where any person against whom a warrant of Payment of distress shall issue shall pay or tender to the constable having penalty. the execution of the same the sum or sums mentioned in such warrant, together with the amount of the expenses of the distress up to the time of payment or tender, such constable shall cease to execute it; and where any person is imprisoned for non-payment of any sum he may pay to the keeper of the prison in which he shall be so imprisoned, the sum, together with the amount of the costs, charges, and expenses (if any) therein also mentioned, and the keeper shall thereupon discharge him if he be in his custody for no other matter.

Section 29 provides that in cases of summary proceedings one justice may issue summons or warrant, and after conviction or order may issue warrant of distress, even where by statute two

Penalties to

justices must try the matter, but in such case the two must be present throughout the hearing.

Section 30 contains regulations as to the payment of clerks fees.

By section 31, in every warrant of distress the constable or whom paid. other person to whom the same shall be directed shall be thereby ordered to pay the amount of the sum levied to the clerk of the division in which the justices usually act; and if any person ordered by justices to pay any sum of money, shall pay the same to any constable or other person, such constable or other person shall forthwith pay the same to such clerk; and if any person committed to prison for nonpayment of any sum thereby ordered to be paid, shall desire to pay the same and costs before the expiration of the time for which he shall be so imprisoned, he shall pay the same to the gaoler or keeper of the prison, and such gaoler or keeper shall forthwith pay the same to the clerk; and all sums so received by the clerk shall forthwith be paid by him to the parties to whom the same respectively are to be paid, according to the directions of the statute on which the information or complaint shall have been framed, and if there are no such directions, then to the treasurer of the place for which such justices acted, and the treasurer shall give him a receipt without stamp; and every clerk and gaoler or keeper of a prison, shall keep an exact account of all moneys received by him, of whom and when received, and to whom and when paid, and shall once a month render a fair copy to the justices at petty sessions for the division to be holden on or next after the first day of every month, under the penalty of forty shillings; and the clerk shall send every return to the clerk of the peace for the place within which such division shall be situate, at such times as the court of quarter sessions shall order.

Extent of
Act.

Section 32 legalizes the forms in the schedule.

By section 33, metropolitan police magistrates and stipendiary magistrates in other places may act alone.

Section 34 makes a similar provision as to the Lord Mayor, or any alderman of London.

By section 35, this Act does not extend to any warrant or order for the removal of a poor person chargeable to any place; nor to complaints or orders as to lunatics, or their expenses; nor to any proceedings as to revenue, stamps, taxes, or post office; nor to any complaints, orders, or warrants in matters of bastardy made against the putative father, except as to the backing of warrants, the levying of sums ordered to be paid, and the imprisonment of a defendant for non-payment, See Summary Jurisdiction Act, 1879, s. 54.