(5.) Power of court of appeal to adjourn hearing, or on
hearing to confirm, reverse, or modify decision, or
remit matter or make such other order as the court
may think just.

(6.) A memorandum of decision of court of appeal to be
sent to clerk of lower court in certain cases.

(7.) A "notice in writing" as required in this section to
be given by an appellant shall be in writing, and
signed by him or his agent. It may be transmitted
for service by post as a registered letter.

Section 32 is repealed by the Summary Jurisdiction Act, 1884.

ques

Section 33.—(1.) Any person aggrieved who desires to 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.

Appeal by special caso

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 17. 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 207.

civil debts.

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, 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;

Summons of witness out of jurisdic

tion.

Summons or warrant not avoided by death of

(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.

Section 36.-A court of summary jurisdiction may issue a summons to a witness who may be beyond the jurisdiction of 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.

Section 37.-"A warrant or summons issued by a justice of the peace under the Summary Jurisdiction Act, 1848, or any 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 person arrested without a warrant.

Provisions

as to pro

ceedings, &c.

Section 38.-"A person taken into custody for an offence without a warrant shall be brought before a court of summary 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 recognizance."

Section 39.-The section contains various enactments applicable to proceedings before courts of summary jurisdiction, viz.: (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 made, and there is a good and valid conviction or order to sustain the same, &c.

(5.) All forfeitures not pecuniary (a) incurred in respect of an
offence triable by a court of summary jurisdiction, &c.,

may be sold or disposed of as the court may direct, and
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 required. 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.

of process,

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.

out of court.

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.

of distress

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

(2.) Save so far as the person against whom the distress is

levied otherwise consents in writing, the distrsss shall
be sold by public auction, and five clear days at the
least shall intervene between the making of the distress
and the sale, and where written consent is so given as
aforesaid, the sale may be made in accordance with
such consent; and

(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 sufficient 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 conviction 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

of such payment or tender, the constable shall not
execute the warrant."

taken from

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.

diction of

court.

Section 45.-Where a person is charged with an indictable Local jurisoffence mentioned in the First Schedule to this Act before a court 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.

diction of courts.

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 summary jurisdiction, such offence may be tried by any one of such courts.

(2.) Where offence is committed on boundary of jurisdiction of two or more courts of summary jurisdiction, or within the distance of five hundred yards of any such boundary, &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 any vessel employed in inland navigation, the person accused may be tried by any court of summary jurisdiction through whose jurisdiction such vehicle or vessel passed in the course of the journey or voyage.

(4.) Any offence which is authorized by this section to be tried by any court of summary jurisdiction may be dealt with, heard, tried, determined, adjudged, and punished as if the offence had been wholly committed within the jurisdiction of such court.

PART III.

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.

sums leviable by distress.