BY WHOM.-If the Statute requires a particular person to prefer the Infor- Explanation of mation it is stated in this column, and if any person (competent to swear Columns. to his belief of the Offence being committed, when on oath) may do so, it is likewise shown.

SUMMONS AND SERVICE OR WARRANT.-If the Statute says a summons only shall be issued, or is silent as to the mode of compelling a defendant's appearance, the word "summons" is inserted in this column, or if a warrant or summons at discretion it is so stated: where the service of the summons is stated as "personal," the Statute is silent; where however another mode of service is mentioned, the Statute prescribes such mode. If the Statute gives a form of warrant or summons, or authorizes the apprehension of an offender in the commission of the Offence, it is shown in a Note referred to, and where to be found in the Author's "Formulist."

NUMBER OF JUSTICES TO CONVICT.-This shows whether the Statute requires one or two Justices to convict an offender.

WHAT JUSTICES TO CONVICT.-This shows whether the same Justice who received the Information, or any other of the same jurisdiction, should convict. Where a Statute confines the conviction to particular Justices or places, it is also stated.

IF POWER TO SUMMON, &C. WITNESSES.-This shows whether any and what section of the Statute, giving cognizance of the Offence, contains an express power to summon Witnesses, and to fine, &c. for non-attendance, or to compel appearance by warrant after summons. The Note referred to shows the procedure to be adopted.

PENALTY, &C. AND MODE OF ENFORCING.-It need only be stated that this is an abridged view of the Penalty or other Forfeiture for the Offence, and the mode of enforcing payment given by the Statute creating it. Where the Statute provides forms of proceedings, or any particular mode of procedure, they will be found referred to by a Note, and where to be found in the Author's "Formulist." As to costs, unless they are expressly mentioned in this column, none can be ordered or recovered, the 18 Geo. 3, c. 19, the old statute thereon, being repealed by the 11 & 12 Vict. c. 43, s. 36.

IF APPEAL, AND TIME, &c.-This shows whether or not the Statute giving cognizance of the Offence allows an Appeal against the Conviction, and the time, and to whom notice thereof should be given. The Note refers to the manner of entering into the recognizance, &c.

PENALTY, &c., TO WHOM PAYABLE.-This column shows how and to whom the penalty, or damage, &c. is to be paid and applied.

Not on

Id.

1. Any constable or other peace officer refusing 1 Vict.
or neglecting to serve or execute any sum- c. 36 s. 19. oath (Note
mons or warrant granted under the Post
Office Act.

3), and within a

year
(s. 24).

Summons

at resi

dence (s. 18, and Note 3).

(1) Witnesses.] The witness neglecting or refusing to appear, or appearing refusing to be examined, on conviction to forfeit not exceeding £10 (1 Will. 4, c. 64, s. 20).

(2) Incorporation of Statute.] Vide Note (29), title "Beerhouses," ante, p. 146, where the 1 Will. 4, c. 64, is incorporated with the 3 & 4 Vict. c. 61. The time of prosecution is regulated by 1 Will. 4, c. 64, s. 15.

(3) Forms.] Forms of information, summons, conviction, warrant of distress, and commitment in default of distress, are given by the Post Office Act, 1 Vict. c. 36. See them in "Formulist," pp. 254, 255.

(4) Witnesses.] If the witness neglect or refuse to appear, without reasonable excuse, or appearing, shall refuse to be examined, to forfeit £10. The summons is to be served in the same way as to a defendant.

(5) Appeal.] To the general or quarter sessions held next after the expiration of ten days from the day of conviction, of which appeal notice in writing shall be given to the prosecutor or informer seven clear days previous to the first day of sessions, provided within five days next after conviction defendant enter into a recognizance with two sufficient sureties, before convicting justice, to prosecute appeal, &c.

CUSTOMS.
EXCISE.

The offences enacted by the numerous statutes under these titles are Comitted from this work, because they would increase its bulk at least one Shalf without any advantage to justices and their clerks; for no proceeding can be instituted except on the information of an authorized officer, who brings the statute relating to the particular case, with proper forms, of which justices always avail themselves.

FACTORIES.

[MEM. The statutes on this subject are 42 Geo. 3, c. 73; 3 & 4 Will. 4, c. 103; 7 & 8 Vict. c. 15; 8 & 9 Vict. c. 29; 9 & 10 Vict. cc. 18, 40; 10 & 11 Vict. c. 29; and 13 & 14 Vict. c. 54. Sect. 35 of 11 & 12 Vict. c. 43, expressly excepts them from its operation. The factory inspectors have concurrent jurisdiction with justices to punish for offences (3 & 4 Will. 4, c. 103, s. 34).]

(6) Commitment till Hearing.] Section 25 gives power to commit an offender, apprehended under this warrant, to prison till the hearing, unless he enter into a recognizance with two sufficient sureties to appear.

(7) Witnesses.] If the witness neglect or refuse to appear, without a reasonable excuse, or appearing shall refuse to be examined, to forfeit the sum of £10, to be recovered as penalties.

(8) Appeal.] Defendant may, upon entering into a recognizance, with two sufficient sureties, to be approved by a justice, to the amount of the value of such penalty and forfeiture together with a sum which in the judgment of such justice shall be adequate to the amount of the costs which may be awarded, conditioned to pay amount adjudged in case judgment affirmed, appeal to the next general sessions.

(9) Proceedings for Penalties under the Excise Laws.] The statutes regulating summary proceedings for penalties are the 7 & 8 Geo. 4, c. 53; 4 & 5 Will. 4, c. 51; 4 Vict. c. 20; and 15 & 16 Vict. c. 61. The information for an excise penalty or forfeiture incurred within the limits of the chief office may be exhibited before three commissioners, and elsewhere before one or more justices of place (7 & 8 Geo. 4, c. 53, s. 65), by an officer duly authorized by the commissioners, except on immediate arrest (id. s. 51; and see 26 Geo. 3, c. 77, s. 13; 46 Geo. 3, c. 112, s. 1; 56 Geo. 3, c. 104, s. 15; and 5 Geo. 4, c. 94), and within four calendar months after the offence committed or goods forfeited seized (4 & 5 Will. 4, c. 51, s. 19). Notice to be given within a week afterwards. Summons to be served ten days before the hearing, except for double duty, when twelve hours' notice is sufficient ; service need not be personal (ib.); and it may be made by any person (4 Vict. c. 20, s. 31). Two or more justices to meet every three months or oftener to adjudge excise cases (7 & 8 Geo. 4, c. 53, s. 67). Regulations in case of the death or absence of any justice, or of the death of the prosecuting officer during proceedings (ib.; 4 & 5 Will. 4, c. 51, s. 22). General powers of justices extended to excise cases (7 & 8 Geo. 4, c. 53, s. 67). No officer of excise to act as a justice in excise cases, nor any excise trader in any case relating to his trade (id. s. 68). Commissioners and justices to proceed to hearing and judgment without

As to the "Customs," the time of prosecution, &c. is regulated by the acts 8 & 9 Vict. c. 87, 12 & 13 Vict. c. 90, which latter act gives a scale of fees (vide "Formulist," pp. 215218 for them, and forms given in the 8 & 9 Vict. c. 87, and 13 & 14 Vict. c. 95), see tit. " Smuggling," post. And as to the "Excise," vide Note 9, infra, as to the time of prosecution, &c.

Vide forms given in the schedules to 3 & 4 Will. 4, c. 103, and 7 & 8 Vict. c. 15, "Oke's Magisterial Formulist," pp. 246–249.

regard to defects in form (s. 73). Witnesses summoned by justices neglecting to appear and give evidence to forfeit £50 (s. 74). If a defendant be in prison judgment may be given after summons (s. 77); persons incur penalties jointly or severally according as they may be prosecuted by order of the commissioners (s. 70). The commissioners or justices on hearing may mitigate any penalty to one fourth (s. 78), except the penalty of double duty and on immediate arrest (4 & 5 Will. 4, c. 51, s. 20); and the board may further mitigate or entirely remit the penalty (7 & 8 Geo. 4, c. 53, s. 78). Warrants to be granted for the sale of goods condemned or levying penalties (s. 86), in which a time for sale must be limited (s. 88). Penalty and expenses to be deducted from the sale, and the overplus returned (s. 89). Where sufficient distress cannot be found a body warrant may be issued to commit the offender to gaol, to remain until satisfaction be made of the judgment, or until ordered by the commissioners to be liberated or discharged (s. 90). A fresh warrant of distress may be issued when goods are found after the issue or execution of arrest warrant (s. 91). Warrants to be executed in any part of the united kingdom upon indorsement (s. 92).

Penalty to whom payable.] By the 11 & 12 Vict. c. 121, s. 28, no officer of excise is to have any interest in penalties or forfeitures under any law of excise.

Appeal.] Persons aggrieved by judgment of justices may appeal to the quarter sessions (7 & 8 Geo. 4, c. 53, s. 82); but against the judgment of the commissioners appeal must be made to the barons of the Exchequer (4 Vict. c. 20, s. 26). Notice of appeal and notice of trial to be given, and deposit in certain cases to be made (7 & 8 Geo. 4, c. 53, s. 83). If there shall not be twenty days between giving notice and the next sessions, the appeal to be to the following sessions (4 & 5 Will. 4, c. 51, s. 23). On hearing an appeal the original evidence only to be examined (7 & 8 Geo. 4, c. 53, s. 84); but witnesses tendered for examination at the original hearing may be examined on appeal (4 & 5 Will. 4, c. 51, s. 24). Power of mitigation, or to state a case for the Exchequer (7 & 8 Geo. 4, c. 53, s. 84). Proceedings on determination of appeal (s. 85). Vide forms, tit. "Excise," Formulist, pp. 218-246.