The following is the form of an information at the suit of an informer, where he is entitled to a portion of the penalty only ;or, as it is usually termed, an

Information qui tam.

BERKSHIRE, to wit: Be it remembered that on the

~, at

day of

in the year of our Lord, in the said county, C. D. of ——— in the county aforesaid, labourer, who, as well for our sovereign lord the king," or, "for the poor of the parish of- —, in the said county, (or, as the statute may be,) as for himself, doth prosecute in this behalf], personally cometh before me, J. P., one of his Majesty's justices of the peace for the said county, and [as well for our said lord the King (or, the poor of the said parish), as for himself], informeth me that A. B., late of the parish of· in the county aforesaid, labourer, within the space of [one year" or whatever time is limited by statute] "now last past, to wit, on the day of -- in the year aforesaid, at the parish of -9 in the county aforesaid" [here state the facts and circumstances constituting the offence, as defined by the statute creating it; vide supra;] "contrary to the form of the statute in such case made and provided: whereby, and by force of the statute in such case made and provided, the said A. B. hath forfeited for his said offence the sum of Wherefore the said C. D., who sueth as aforesaid, prayeth the consideration of me the said justice in the premises, and that the said A. B. may be convicted of the offence aforesaid, and that one moiety of the said forfeiture may be adjudged to [our said lord the King], and the other moiety thereof to the said C. D., according to the form of the statute in that case made and provided; and that the said A. B. may be summoned to appear before me and answer the premises, and make his defence thereto.

Where a statute gives the whole penalty to the informer, an information can readily be framed upon it from the above precedent, by merely omitting those parts of it which are applicable only to an information qui tam.

There is no objection to an information charging the defendant with several offences. R. v. Swallow, 8 T. R. 286. In such a case, after the words "hath forfeited for his said offence the sum ofyou may state the second, or subsequent offence, thus: "And also that the said A. B. on, at

&c. stat

ing the offence to the words "hath forfeited for his said last mentioned offence the sum of· concluding the information

in the above form, "wherefore the said C. D." &c.

One justice of peace may receive the information, and grant a summons or warrant upon it, in all cases, even in those in which the conviction must be by two or more justices. 3 Geo. 4, c. 23, s. 2.

CHAPTER II.

THE SUMMONS OR WARRANT.

Summons.] As soon as the information is lodged, if it state an offence cognizable by a justice of peace, punishable upon summary conviction, and committed within the jurisdiction of the justice to whom it is preferred, the justice will immediately grant a summons requiring the defendant to appear before him. And this is in all cases necessary, where the party complained of will not appear voluntarily; for, in the absence of the party complained of, the justice cannot examine the witnesses or proceed to a conviction, unless oath be first made of the personal service of a See R. v. Allington, 2 Str. 678; R. v. Venables, Id.

summons.

630.

The summons may be directed either to the party accused or to the constable or other third person. It should state a particular time and place for the party's attendance; and a reasonable time should intervene between the granting of the summons and the time appointed for the party's attendance, in order that he may have an opportunity of collecting his witnesses and preparing for his defence. See R. v. Mallinson, 2 Bur. 679. One justice may grant it, even in cases where the conviction must be by two or more justices. 3 Geo. 4, c. 23, s. 2. The following is the form of

The Summons.

BERKSHIRE, to wit.: To the Constable of

.

Whereas A. B. of in the county aforesaid, labourer, hath this day been charged before me, J. P., one of his Majesty's justices of the peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B., on the

in the twenty-eight, at

year

day of of our Lord one thousand eight hundred and in the county aforesaid, did" [&c. here state the offence as in the information, or in the form of conviction in such a case]: "These are therefore to require you forthwith to summon the said A. B. to appear before me at , in the said county, on [Wednesday] next, the [third day of July instant], at the hour of eleven in the forenoon of the same day, to answer to the said charge, and to be further dealt with according to law; and be you then there to certify what you shall have done in the

premises. Herein fail you not. Given under my hand and seal day of in the year of our Lord

the

J. P.

It may be directed to, and executed by, any person; but it is usually directed to the constable of the district within which the party accused resides or is to be found, for he alone is punishable for not executing it. See stat. 5 Geo. 4, c. 18, s. 6. It is not made returnable at any particular time, but remains in force until executed, and afterwards until the party is committed or discharged by the magistrate.

One justice may grant the warrant or summons, even in cases where the conviction must be by two or more justices. 3 Geo. 4, c. 23, s. 2.

Or if directed to the party accused it may be in this form:

BERKSHIRE, to wit: To A. B. of

labourer.

in the said county,

Whereas you have this day been charged before me, J. P., one of his Majesty's justices of the peace for the county aforesaid, on the oath of [one] credible witness, for that you, on the- day of in the year of our Lord one thousand eight hundred and twenty-eight, at in the county aforesaid, did" [&c. here state the offence as in the information, or in the form of conviction in such a case]: require you to appear before me, at

"These are therefore to in the said county,

on [Wednesday] next, the [third day of July instant], at the hour of eleven in the forenoon of the same day, to answer to the said charge, and to be further dealt with according to law.

fail you not. Given under my hand and seal, the

in the year of our Lord

Herein

day of

J. P.

Where the summons is directed to the constable, or a third person, a copy of it, plainly and legibly written on paper, should be served personally upon the party accused; if directed to the party himself the original should be personally served upon him, and a copy of it kept by the party serving it. It should be personally served upon the party accused, (unless where personal service is expressly dispensed with by statute), otherwise, if the party do not attend at the time appointed, it would be imprudent for the justice to proceed to hear the case in his absence.

Warrant.] A justice of peace cannot grant a warrant upon an information, unless expressly authorized to do so by statute. And even in cases where such authority is given, a warrant is seldom granted in the first instance, unless in cases where it is likely that the party will abscond, as soon as he hears that the complaint has been lodged against him. Nor is it usual to grant

F

it after a personal service of the summons; for in that case the justice may proceed to hear and determine the case, whether the party accused appear before him or not. See R. v. Simpson, 1 Str. 44; Arch. Peel's Acts, 172. 250. But if the party cannot be personally served with the summons, and there be reason to think that he keeps out of the way in order to avoid a personal service of it; or if, under the peculiar circumstances of any case, a warrant be deemed advisable, in order to prevent the party's absconding before the case can be heard, or the like: then, in cases where a warrant may legally be issued, the justice, upon application, and upon the matter of the information or complaint being substantiated before him upon oath, will grant a warrant, requiring the person to whom it is directed to apprehend the party complained of, and bring him before the same or some other justice of the peace, to answer to the charge against him. The following is the form of

The Warrant.

BERKSHIRE: To the constable of, and all other peaceofficers in the said county of Berks.

Forasmuch as A. B., of in the county aforesaid, labourer, hath this day been charged before me, J. P., one of his Majesty's justices of the peace for the county aforesaid, on the oath of a credible witness, for that he the said A. B., on the

day of, in the year of our Lord one thousand eight hundred and twenty-eight, at in the county aforesaid, did" [&c. here state the offence as in the information, or in the form of conviction in such a case]: "These are therefore to command you, in his Majesty's name, forthwith to apprehend and bring before me, or some other of his Majesty's justices of the peace in and for the said county, the body of the said A. B., to answer unto the said charge, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal, the day of, in the year of our Lord

J. P.

(99)

CHAPTER III.

PROCEEDINGS AT THE HEARING.

In some cases, the statute creating the offence allows the conviction to be by one justice; in other cases, it requires it to be made by two; in others, (as in Mr. Peel's late acts, for instance), although the conviction may be by one justice, yet if it be before two or more, an additional punishment, such as whipping or the like, may be adjudged to the defendant. This subject, however, is entirely regulated by the statute, which gives cognizance of the offence to justices of peace, in each particular case; and to which the reader is referred. If the statute allow one justice to convict, the conviction may be by two or more; but where the statute requires the conviction to be by two justices, a conviction by one would be coram non judice, and void, and the justice making the conviction, and the constable executing it, would be liable to an action of trespass, if the party's goods were distrained upon, or himself committed.

Appearance or default.] Upon the accused party's appearing before the justice, either in obedience to the summons, or upon being apprehended and brought there under a warrant; or where, after personal service of the summons, the party does not attend at the time and place appointed by it, and oath is duly made of the service: the justice then proceeds to the hearing of the case. The information (if one have been drawn up in form) is first read to the defendant; or if no information have been drawn up, then the charge is read to him from the summons or warrant:and he is asked what he has to say to the charge thus made against him. If he confess that he committed the offence, nothing remains to the justice to do, but to convict the defendant, and award the punishment assigned by the statute creating the offence. And a minute should be taken of this, in order that a conviction in form may be drawn up from it afterwards, and returned to the sessions. But if he say that he is not guilty, or say nothing, or refuse to enter upon any defence; See R. v. Crowther, 1 T. R. 127. R. v. Benwell, 6 T. R. 75; or if he do not appear at all, but make default: then the justice must proceed to examine the witnesses, and adjudge of the guilt or innocence of the accused party accordingly.

By appearing, the party waives all objections to the summons,