Clerks of courts.

Special definitions.

General definitions.

Section 48.-As to clerk of court of summary jurisdiction, &c. (See also the Justices' Clerks Act, 1877, 40 & 41 Vict. c. 43.)

Section 49.-In this Act, if not inconsistent with the contest, the following expressions have the meanings hereinafter re spectively assigned to them; that is to say,

The expression "Secretary of State" means one of Her Ma- ! jesty's Principal Secretaries of State :

The expression "child" means a person who in the opinion
of the court before whom he is brought is under the age
twelve years; "young person" means a person between 1.
and 16 years of age; "adult" means a person of the age of
16 years or upwards:

The expression "person" includes a child, young person,
adult, and also includes a body corporate:

and

The expression "guardian," in relation to a child, includes any person who has for the time being the charge of at 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 pal
by an order," are also defined.

GENERAL DEFINITIONS.

Section 50.-In this Act and any future Act, if not incorsistent 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, 18,
and this Act and any Act, past or future, amending the Sum
mary 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
by or who is or are authorized to act under the Sum
mary Jurisdiction Acts or any of such Acts:

In any future Act, if not inconsistent with the context-
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:

(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

diction.

SAVINGS AND CONSTRUCTION.

Jurisdiction
Acts to

future Acts.

Section 52.-The provisions of the Act regarding mitigation Saving for of punishment, &c., shall not apply to any proceedings taken Army, under any Act relating to any of Her Majesty's regular or Acts. auxiliary forces.

Navy, &c.,

of Acts to

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 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.

and

Customs.

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.

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.

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struction of Act.

This Act shall not apply to any summary proceeding instituted or any offence committed, or act done, before the commencement of this Act.

REPEAL.

Repeal of
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 mentioned; 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.

SCHEDULES.

FIRST SCHEDULE.

INDICTABLE OFFENCES WHICH CAN BE DEALT WITH SUMMARILY UNDER THIS ACT.

FIRST COLUMN. Young Persons consenting and Adults pleading guilty.

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.

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 servan t

SECOND COLUMN.

(Epitome of) Adults consenting.

larceny, or of larceny or stealing 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 punishable as simple larceny, or to commit larceny from or steal from the person, or to commit larceny as a clerk 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 carriages 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 the same meaning as in 7 Will. 4 & 1 Vict. c. 36.

SECOND SCHEDULE.

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.