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Clerks of Section 48.- As to clerk of court of summary jurisdiction, &c. courts.
(See also the Justices' Clerks Act, 1877, 40 & 41 Vict. c. 43.) Special Section 49.-In this Act, if not inconsistent with the contest, définitions. the following expressions have the meanings hereinafter **
spectively assigned to them; that is to say,
jesty's Principal Secretaries of State :
of the court before whom he is brought is under the age of
adult, and also includes a body corporate: The expression “guardian,” in relation to a child, includes
any person who has for the time being the charge of a
control over such child : The expressions "prescribed," "past Act," "future Act,"
“fine," "county," " borough,” local rate,” “sum adjudged to be paid by a conviction,” and “sum adjudged to be paid by an order," are also defined.
Section 50.-In this Act and any future Act, if not incor sistent with the context, the following expressions shall have the meanings hereinafter respectively assigned to them ; that is to say, The expression, “The Summary Jurisdiction Act, 1848,” shal
mean the Act 11 & 12 Vict. c. 43; The expression “The Summary Jurisdiction Acts” and the
expression “The Summary Jurisdiction (English) Acts* shall respectively mean the Summary Jurisdiction Act, 1848, and this Act and any Act, past or future, amending the Summary Jurisdiction Act, 1848, or this Act : The expression “court of summary jurisdiction” shall mean
Any justice or justices of the peace or other magistrate,
by whatever name called, to whom jurisdiction is given
mary Jurisdiction Acts or any of such Acts :
The expression “petty sessional court" shall have the
same meaning as it has in this Act : The expression “occasional courthouse” shall mean such
police station or other place as is for the time being appointed in pursuance of this Act to be used as an occasional court house.
APPLICATION OF ACTS.
Section 51.—The section contains regulations made for the Application purpose of facilitating the application of the Summary Juris- of Summary diction Acts to any future Act:
Acts to (1.) Prosecution of offences, recovery of fines, &c. (2.) Recovery of sums of money recoverable summarily on
complaint, &c. (3.) Enforcement of order, &c., of court of summary juris
SAVINGS AND CONSTRUCTION. Section 52.—The provisions of the Act regarding mitigation Saving for of punishment, &c., shall not apply to any proceedings taken Army,
Navy, &c., under any Act relating to any of Her Majesty's regular or auxiliary forces.
Section 53.— The Summary Jurisdiction Acts shall apply to application all informations, complaints, and other proceedings before a Post-office, court of summary jurisdiction under the statutes relating to the Revenue, post-office. For offences against such statutes, where the forfeiture does
Customs. not exceed 201., the offender may be prosecuted under the Summary Jurisdiction Acts.
The Acts shall apply to all informations, complaints, and other proceedings before a court of summary jurisdiction under the statutes relating to the Inland Revenue and Customs :
Provided, that where the penalty under such statutes exceeds fifty pounds, imprisonment for non-payment or in default of sufficient distress is not to exceed six months.
Section 54.—This Act shall apply to the levying of sums Application adjudged to be paid by an order in any matter of bastardy, and conaffiliation, &c.
struction of The Act does not authorize the reduction of any fine prescribed by any Act carrying into effect any agreement, &c., with a foreign state.
This Act shall be construed as one with the Summary Jurisdiction Act, 1848, so far as is consistent with the tenour of such Acts respectively, and save as aforesaid shall be subject to the exceptions specified in section thirty-five of the Summary Jurisdiction Act, 1848:
Provided that the provisions centained in sections thirty-three and thirty-four of the Summary Jurisdiction Act, 1848, as to the Acts relating to the metropolitan and city of London police, and the powers of justices within metropolitan police district, shall not apply to or restrict the operation of this Act.
This Act shall not apply to any summary proceeding instituted or any offence committed, or act done, before the commencement of this Act.
Section 55.—There shall be repealed as from the commencement of this Act(1.) The Acts mentioned in the Second Schedule to this Act,
to the extent in the third column of that schedule men
tioned; and (2.) So much of any other Act as is inconsistent with this Act. Provided that this repeal shall not affect(1.) Anything duly done or suffered, or (2.) any right or
privilege acquired or any liability incurred, or (3.) any imprisonment, fine, or other punishment incurred for offence committed before the commencement of this
Act under any enactment hereby repealed ; or (4.) The institution or prosecution to its termination of any
proceeding for prosecuting any such offence, enforcing
punishment or recovering fine. Where any unrepealed Act incorporates or refers to the provisions of any Act hereby repealed," it shall be deemed to incorporate or refer to the corresponding provisions of this Act.
INDICTABLE OFFENCES WHICH CAN BE DEALT WITH
SUMMARILY UNDER THIS ACT.
FIRST COLUMN. Young Persons consenting and
Adults pleading Guilty.
(Epitome of) Adults consenting.
1. Simple larceny.
2. Offences declared by any Act for the time being in force to be punishable as simple larceny.
3. Larceny from or stealing from the person.
4. Larceny as a clerk or servant.
5. Embezzlement by a clerk or servant.
6. Receiving stolen goods, viz., committing any of the offences relating to property specified in the 91st and 95th sections of the Larceny Act, 1861 (being the Act of the session of the 24th and 25th years of the reign of Her present Majesty, chapter 96), or in either of such sections.
7. Aiding, abetting, coun. selling, or procuring the commission of simple larceny, or of an offence declared by any
1. Simple larceny, where the value of property alleged to have been stolen does not ex. ceed 408.
2. Offences declared to be punishable as simple larceny, where the value of the property alleged to have been stolen, destroyed, &c., does not exceed 408.
3. Larceny from or stealing from the person, where the value of property exceeds 40s.
4. Larceny as a clerk or servant, where the value of property does not exceed 40s.
5. Embezzlement by a clerk or servant, where the value of the property does not exceed 408.
6. Receiving stolen goods, viz., committing any of the offences relating to property specified in the 91st and 95th sections of the Larceny Act, 1861, where the value of the property does not exceed 40s.
7. Aiding, abetting, counsel. ling, or procuring the commis. sion of simple larceny, or of an offence punishable as simple
Adults pleading guilty.
(Epitome of) Adults consenting.
Act for the time being in force to be punishable as simple larceny, or of larceny or stealing from the person, or of larceny as a clerk or servant.
larceny, or of larceny or steal. ing from the person, or of larceny as a clerk or servant, where the value of the property the subject of alleged offence does not exceed 40s.
8. Attempt to commit simple larceny, or an offence punish. able as simple larceny, or to commit larceny from or steal from the person, or to commit larceny as a clerk or servant.
8. Attempt to commit simple larceny, or an offence declared by any Act for the time being in force to be punishable as simple larceny, or to commit larceny from or steal from the person, or to commit larceny as aclerk or servant
This Act shall apply to any of the following offences when alleged to have been committed by a “ young person” in like manner as if such offence were included in the first column of the schedule ; that is to say, (1.) To any offence in relation to railways and railway car
riages mentioned in sections 32 and 33 of 24 & 25 Vict.
c. 100 (“Offences against the Person ”). (2.) To any offence relating to railways mentioned in section
35 of 24 & 25 Vict. c. 97 (“ Malicious Injuries "). (3.) To any indictable offence, either under the Post Office
Laws or prosecuted by the Postmaster-General; the expression “Post Office Laws” to have tbe same mean. ing as in 7 Will. 4 & 1 Vict. c. 36.
The schedule contains a list of Acts partly and wholly repealed.
The following Acts are wholly repealed :-10 & 11 Vict. c. 82 (Juvenile Offenders) ; 27 & 28 Vict. c. 80; 28 & 29 Vict. c. 127 (Small Penalties Act).
The following Acts are wholly repealed in so far as relates to England :--13 & 14 Vict. c. 37; 27 & 28 Vict. c. 110; and 18 & 19 Vict. c. 126, except sections 18, 20, 22, 23, and 24.
Section 2 of 31 & 32 Vict. c. 116, is repealed in so far as it relates to England, as also is section 13 of 34 & 35 Vict. c. 78.