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(5.) Power of court of appeal to adjourn hearing, or on
hearing to confirm, reverse, or modify decision, or
may think just.
sent to clerk of lower court in certain cases.
be given by an appellant shall be in writing, and
for service by post as a registered letter. Section 32 is repealed by the Summary Jurisdiction Act, 1884. Section 33.-(1.) Any person aggrieved who desires to ques. Appeal by
special caso tion a conviction, order, or other proceeding of a court of summary jurisdiction, as erroneous in law, or in excess of jurisdiction, may apply to the court to state a special case, and in case of refusal may apply to the High Court of Justice.
(2.) The application shall be made and the case stated as directed by rules under this Act, and the case shall be heard, &c., as prescribed by rules made in pursuance of the Supreme Court of Judicature Act, 1875 (38 & 39 Vict. c. 77), and Acts amending same; and the Act 20 & 21 Vict. c. 43, shall, so far as applicable, apply to any special case stated : Provided that nothing in this section shall prejudice the statement of any special case under that Act.
Section 34.-(1.) Where a power is given by any future Act Summary to a court of summary jurisdiction of requiring any person to orders. do or abstain from doing any act or thing other than the payment of money, or of requiring any act, &c., to be done or left undone, and no mode is prescribed of enforcing such requisition, the court may exercise such power by an order or orders, annexing thereto any such conditions as may seem just.
(2.) A person making default in complying with such order shall be punished in the prescribed manner, or may be ordered to pay a sum (enforceable as a civil debt under Act) not exceeding 11. for every day during which he is in default, or to be imprisoned until he has remedied his default; but the aggregate imprisonment shall not amount to more than two months nor aggregate payment to more than 201.
Section 35.-Any sum declared by this or any future Act to Recovery of be a civil debt, recoverable in a court of summary jurisdiction,
civil debts. shall be deemed a sum for payment of which such court has authority to make an order on complaint in pursuance of the Summary Jurisdiction Acts : (1.) But no warrant for arrest of person failing to appear to
answer such complaint shall be issued ;
(2.) Nor shall an order for payment of any such civil debt or
of costs, in default of distress or otherwise, be enforced by imprisonment, unless the court are satisfied that the person making default has or has had since the date of order the means to pay, and has neglected or refused to
do so. Proof of the means of the person making default may be given in such manner as the court to whom application is made
for the commitment to prison think just. Summons of Section 36.—A court of summary jurisdiction may issue a witness out of jurisdic
summons to a witness who may be beyond the jurisdiction of tion. such court, and any court of summary jurisdiction for the
county, borough, or place in which the witness is, may, on proof of the signature to the summons, indorse the same, and the witness is bound to obey the summons, and in default shall be liable to be apprehended or otherwise proceeded against in
manner directed by the Summary Jurisdiction Act, 1848. Summons or Section 37.—“A warrant or summons issued by a justice of warrant not the peace under the Summary Jurisdiction Act, 1848, or any death of other Act, whether past or future, or otherwise, shall not be justice, &c. avoided by reason of the justice who signed the same dying or
ceasing to hold office.” Bail of per
Section 38.-—"A person taken into custody for an offence son arrested without a
without a warrant shall be brought before a court of summary warrant. jurisdiction as soon as practicable after he is so taken into
custody, and if it is not or will not be practicable to bring him before a court of summary jurisdiction within 24 hours after he is so taken into custody, a superintendent or inspector of police, or other officer of police of equal or superior rank, or in charge of any police station, shall inquire into the case, and, except where the offence appears to such superintendent, inspector, or officer to be of a serious nature, shall discharge the prisoner, upon his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before some court of summary jurisdiction at the day, time, and place named in the recog
Section 39.— The section contains various enactments applias to pro- cable to proceedings before courts of summary jurisdiction, viz.: ceedings, &c.
(1.) The description of offence in words of Act, &c., or in similar
words, shall be sufficient in law; (2.) Any exception, exemption, proviso, &c., may be proved by
the defendant, but need not be specified or negatived in
the information or complaint, &c.; (3.) Warrant of commitment not to be void through defect, if
it be therein alleged that the offender has been convicted, &c., and there is a good and valid conviction or order to sustain the same;
(4.) Warrant of distress not to be void through defect, if it be
therein alleged that a conviction or order has been
to sustain the same, &c.
offence triable by a court of summary jurisdiction, &c.,
proceeds applied as in case of a fine. Section 40.-A writ of certiorari or other writ shall not be No certiorequired for the removal of any conviction, order, or other deter- rari re
quired. mination in relation to which a special case is stated by a court of general or quarter sessions for obtaining the judgment or determination of a superior court.
Section 41.-In a proceeding within the jurisdiction of a court Declaration of summary jurisdiction, the service of any summons, process, &c., as to service and the handwriting of any justice or other officer on any war- handrant, summons, &c., may be proved by a solemn declaration taken writing, &c. before a justice, or before a commissioner, or before a clerk of the peace or a registrar of the county court; and any declaration so taken shall be receivable in evidence, without proof of the signature of the person taking or signing the same.
The declaration may be in the form provided by a rule under this Act. Any person wilfully making a false declaration shall be guilty of perjury.
Section 42.-When a court of summary jurisdiction has fixed Recognithe amount of any recognizance, it may be entered into by the Zances taken parties before any other court of summary jurisdiction or before the clerk of the court or before a superintendent or inspector of police or other officer of police of equal or superior rank or in charge of any police station, or where any of the parties is in prison, before the governor or other keeper of such prison.
Section 43.—“The following regulations shall be enacted with Execution respect to warrants of distress issued by a court of summary warrants. jurisdiction : (1.) A warrant of distress shall be executed by or under the
direction of a constable; and
levied otherwise consents in writing, the distrsss shall
out of court.
(a) Goods forfeited for smuggling, &c., come under this description.
(3.) Subject as aforesaid, the distress shall be sold within the
period fixed by the warrant, and if no period is so fixed, then within the period of fourteen days from the date of the making of the distress, unless the sum for which the warrant was issued, and also the charges of taking and keeping the said distress are sooner paid;
and, (4.) Subject to any directions to the contrary given by the
warrant of distress, where the distress is levied on household goods, the goods shall not, except with the consent in writing of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods shall be impounded as are in the opinion of the person executing the warrant suffi. cient to satisfy the distress, by affixing to the articles impounded a conspicuous mark; and any person removing any goods so marked, or defacing or removing the said mark, shall on summary conviction be liable to
a fine not exceeding five pounds; and (5.) Where a person charged with the execution of a warrant
of distress wilfully retains from the produce of any goods sold to satisfy the distress, or otherwise exacts, any greater costs and charges than those to which he is for the time being entitled by law, or makes any improper charge, he shall be liable on summary convic
tion to a fine not exceeding five pounds; and (6.) A written account of the costs and charges incurred in
respect of the execution of any warrant of distress shall be sent by the constable charged with the execution of the warrant, as soon as practicable, to the clerk of the court of summary jurisdiction issuing the warrant; and it shall be lawful for the person upon whose goods the the distress was levied, within one month after the levy of the distress, to inspect such account without fee or reward at any reasonable time to be appointed by the
court, and to take a copy of such account; and (7.) A constable charged with the execution of a warrant of
distress shall cause the distress to be sold, and may deduct out of the amount realized by such sale all costs and charges actually incurred in effecting such sale, and shall render to the owner the overplus, if any, after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of
the execution of the warrant; and (8.) Where a person pays or tenders to the constable charged
with the execution of a warrant of distress the sum mentioned in such warrant, or produces the receipt for the same of the clerk of the court of summary jurisdiction issuing the warrant, and also pays the amount of the costs and charges of such distress up to the time
diction of courts.
of such payment or tender, the constable shall not
execute the warrant." Section 44.-A report is to be made by the police to a court Property of summary jurisdiction in cases where property is taken from
prisoner. persons charged before such court with offences punishable on indictment or summarily, and the court has discretionary power to return such property to the person charged or to whom he may direct.
Section 45.—Where a person is charged with an indictable Local jurisoffence mentioned in the First Schedule to this Act before a court
diction of of summary jurisdiction for any county borough or place, and the court have jurisdiction to commit such person for trial in such county borough or place, although the offence was not committed therein, such court shall also have jurisdiction to deal with the offence summarily in pursuance of this Act.
Section 46.—For the purposes of the trial of any offence Local jurispunishable on summary conviction under this or any other Act, the following provisions shall have effect(1.) Where the offence is committed in any water which forms
boundary of jurisdiction of two or more courts of sum-
one of such courts.
two or more courts of summary jurisdiction, or within
&c., such offence may be tried by any one of such courts. (3.) Where offence is committed on any person or property in
or upon any vehicle employed in a journey, or on board
passed in the course of the journey or voyage.
tried by any court of summary jurisdiction may be dealt
DEFINITIONS, SAVINGS, AND REPEAL OF ACTS.
SPECIAL DEFINITIONS. Section 47.—The section contains permissions regarding the Application application of Act to sums leviable by distress or payable under of Act to order. 11 & 12 Vict. c. 43.