Section 36 is a repealing clause. By section 37 the Act does not extend to Scotland or Ireland except as to backing of warrants. The schedule to the Act contains forms of summons, warrants, recognizances, notices, convictions, commitments, orders, and certificates. SUMMARY JURISDICTION ACT, 1879. (42 & 43 VICT. c. 49.) An Act to amend the Law relating to the Summary Jurisdiction of Magistrates. Section 1.-This Act may be cited as the Summary Jurisdic tion Act, 1879. Section 2.-This Act shall not extend to Scotland or Ireland. Section 3.-Commencement of Act, 1st January, 1880. The section provides for the making of any rules, &c., necessary for bringing the Act into operation. PART I. COURT OF SUMMARY JURISDICTION. ments. Section 4.-Where a court of summary jurisdiction has Mitigation authority under this or any other Act to punish offences by fine of punishor imprisonment, that court may reduce the prescribed term of imprisonment, and impose the same without hard labour, and may reduce the prescribed amount of a fine imposed under any Act, for a first offence, and may further dispense with any prescribed requirement for the offender to enter into his recognizance and to find sureties for keeping the peace, &c., and where such court has authority under any other Act of Parliament to punish any offence by imprisonment, and has not authority to impose a fine for that offence, the court may, if they think that the justice of the case will be better met by a fine than by imprisonment, impose a fine not exceeding 25l., and not being of such an amount as will subject the offender under the provisions of this Act, in default of payment to imprisonment, for a longer term than that to which the Act authorizing the said imprisonment renders him liable. Scale of imprison ment. Sum recoverable Payment by Section 5.-The period of imprisonment imposed in default by a court of summary jurisdiction under this or any other Act, shall, notwithstanding any enactment in any former Act, be such as the court think will satisfy the justice of the case, but shall not exceed the maximum fixed by the following scale (a), viz., Where the amount of the sum or Does not exceed 10s. ... ... The said period shall not exceed 7 days. 14 days. 1 month. 2 months. Exceeds 10s. but does not exceeds 20s. Exceeds 17. but does not exceed 57.... Exceeds 57. but does not exceed 201. Exceeds 201. Such imprisonment shall be without hard labour, except the Act on which the conviction is founded authorizes hard labour, in which case the imprisonment may, if the court thinks fit, be with hard labour, the term not to exceed that authorized by the said Act (a). Section 6.-Where under any Act, a sum of money claimed to be due is recoverable on complaint to a court of summary jurisdiction, and not on information, such sum shall be deemed to be a civil debt, and if recovered by summary order shall be recovered as a civil debt recoverable summarily is recoverable under this Act, and the payment of any costs shall be enforced in like manner as such civil debt (b). Section 7.-A court of summary jurisdiction, by whose order, instalments, &c., any sum is adjudged to be paid, may- &c..security, &c. Provision as to costs in (1.) Allow time for the payment; (2.) Direct payment to be made by instalments; (3.) Direct that the person liable to pay the said sum shall be at liberty to give satisfactory security in manner provided by this Act, with or without sureties, for the payment of the same. If default be made in the payment of any instalment of a sum, proceedings may be taken as if default had been made in payment of all the remaining instalments. A court directing the payment of a sum or of an instalment may specify when, where, and to whom it shall be paid, and any person other than the clerk of the court receiving the same shall as soon as possible pay over the same to the clerk. Section 8.-" Where a fine adjudged by a conviction by a court of summary jurisdiction to be paid does not exceed 5s., (a) The Act repeals the Small Penalties Act, 1865. then, except so far as the court may think fit to expressly order the case of otherwise, an order shall not be made for payment by the defen- small fines. dant to the informant of any costs; and the court shall, except so far as they think fit to expressly order otherwise, direct all fees payable or paid by the informant to be remitted or repaid to him; the court may also order the fine or any part thereof to be paid to the informant in or towards the payment of his costs." recogni Section 9.-(1.) A court of summary jurisdiction may declare Enforcing of to be forfeited a recognizance conditioned for the appearance, zances. &c., of a person before such court, if the said recognizance appears to the court to be forfeited, and may enforce payment of any sum due thereunder in the same manner as if the sum were a fine adjudged by such court to be paid which the statute provides no means of enforcing, and were ascertained by a conviction. The section contains a proviso regarding power of court to cancel or mitigate the forfeiture in case of sale of goods under distraint upon the person liable applying and giving satisfactory security for the performance of the condition of the recognizance and payment of costs. (2.) Where a recognizance conditioned to keep the peace, &c., has been entered into by any person, a court of summary jurisdiction may, upon proof of the conviction of the person bound as principal by such recognizance of any offence which is in law a breach of the condition of the same, may by conviction adjudge such recognizance to be forfeited, and adjudge the principal or sureties bound thereby to pay the sums for which they are bound. (3.) Except where a person seeking to put in force a recognizance to keep the peace, &c., by notice in writing, requires such recognizance to be transmitted to a court of general or quarter sessions, the recognizances to which this section applies shall be dealt with as in this section mentioned, and shall not be transmitted, nor the forfeiture certified to quarter sessions. (4.) All sums paid in respect of a recognizance forfeited shall be paid to the clerk of the court, and shall be paid and applied in the manner in which fines imposed by such court for which no special appropriation is made, are payable and applicable. indictable Section 10.-(1.) Where a child (c) is charged before a court Trial of of summary jurisdiction with any indictable offence other than children for homicide, if the parent or guardian of the child does not object offences. to the case being dealt with summarily, the court may if it think fit deal summarily with the offence, inflicting the same punishment as might have been inflicted on indictment: Provided that (a.) Imprisonment shall be substituted for penal servitude, and (c) See section 49 of Act. Trial of young per nile offenders). (b.) The imprisonment is not to exceed one month; and in lieu of other punishment, adjudge the child to be (2.) For the purposes of this section, the court may, during the hearing of the case, have the charge reduced into writing and read to the parent or guardian of the child, who may then be asked, "Do you desire the child to be tried by a jury, and object to the case being dealt with summarily ?" the court explaining the meaning of the case being dealt with summarily or by a jury, &c. (3.) The court may, if they think it just so to do, remand a child for the purpose of procuring the attendance of the parents or guardian at the hearing of the charge. (4.) This section shall not prejudice the right of the court to send a child to a reformatory or industrial school. (5.) This section shall not render punishable a child who is not above the age of seven years and of sufficient capacity to commit crime. Section 11.-(1.) Where a young person (a) is charged before a court of summary jurisdiction with any indictable offence sons (juve specified in first column first schedule to Act, the court, if they think it expedient, and if the young person, when informed of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence, inflicting a fine not exceeding 107., or imprisonment with hard labour not exceeding three months. Males under the age of 14 may, in addition to or in lieu of other punishment, be whipped with 12 strokes of a birch rod. (See section 10, sub-section (1) a.) Trial with consent of adult. (2.) For the purposes of this section, the court may, at any time during the hearing of the case, have the charge reduced into writing and read to the accused, who may then be asked, "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?" the court stating, if they think fit, the meaning of the case being dealt with summarily or by a jury, &c. (3.) This section shall not prejudice the right of the court to send a young person to a reformatory or an industrial school. Section 12.-Where a person who is an adult (a) is charged before a court of summary jurisdiction with any indictable (a) See section 49 of Act. offence specified in second column first schedule to the Act, the court, if they think it expedient from the character of the accused and all the circumstances of the case, and if the person charged, when informed of his right to be tried by a jury, consents to be dealt with summarily, may deal summarily with the offence. Punishment, imprisonment with hard labour not exceeding three months, or to pay a fine not exceeding 201. For the purposes of this section, the court may, during the hearing of the case, have the charge reduced into writing and read to the accused, who may then be asked, "Do you desire to be tried by a jury, or do you consent to the case being dealt with summarily?" the court stating, if they think fit, the meaning of the case being dealt with summarily or by a jury. Section 13.-(1.) Where a person who is an adult is charged Adult pleading before a court of summary jurisdiction with any indictable guilty. offence specified in the first column of first schedule to Act, and not comprised in second column of that schedule, if the court during the hearing are satisfied that there is sufficient evidence to put the accused on his trial, and further are satisfied, from the character of the accused and all the circumstances of the case, that it may properly be dealt with summarily and adequately punished under this Act, then the court shall cause the charge to be reduced into writing and read to the accused, and shall then ask him whether he is guilty or not of the charge; and if he pleads guilty he may be sentenced to six months' imprisonment with hard labour. (2.) The court, before asking the person charged whether he is guilty or not, shall explain to him that he is not obliged to plead or answer, and that if he pleads guilty he will be dealt with summarily, and that if he does not plead or answer, or pleads not guilty, he will be dealt with in the usual course, with a statement, if the court thinks such statement desirable for the information of the person to whom the question is addressed, of the meaning of the case being dealt with summarily or in the usual course, and of the assizes or sessions (as the case may be) at which such person will be tried if tried by a jury. The court shall further state to such person to the effect that "he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence against him upon his trial, and shall give him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then says may be given in evidence against him upon his trial, notwithstanding such promise or threat." (3.) "If the prisoner does not plead guilty, whatever he says in answer shall be taken down in writing and read over to him, and signed by a justice constituting or forming part of the |