make a more formal or accurate one when they return it to the clerk of the peace (Chaney v. Payne, 1 Q. B. 712, 722; Selwood v. Mount, 1 Q. B. 729.) The parties, however, are not entitled to copies of the depositions or evidence of the witnesses.

Forms of Conviction may be modified-Application of Forms to all Cases.]-Although, by adopting the forms (whenever they apply) as given by the 11 & 12 Vict. c. 43, security against fatal errors will to a great extent be insured, such forms should nevertheless not be servilely followed, but should be modified so as to be adapted to meet the peculiarities of any particular case. The courts, however, will always endeavour to uphold the proceedings of justices where it is obvious they have been actuated by a desire to follow the directions of the Legislature. In a late case of Ex parte Allison, 24 L. T. 117, a party had been committed upon a conviction under the 16 & 17 Vict. c. 30, s. 1, for an aggravated assault, which section gives jurisdiction to "two justices of the peace sitting at a place where the petty sessions are usually held," &c. The warrant under which the defendant was committed to prison was in conformity with the form given by the 11 & 12 Vict. c. 43 (unte, p. 78), and the objection was, that the warrant did not show that the convicting justices were "sitting at a place where the petty sessions are usually held ;" and it was contended, that as the conviction was upon a statute passed subsequently to the 11 & 12 Vict. c. 43, that statute afforded no protection, and that the forms provided by it were not a guide. The court, however, were clear and unanimous in opinion that this was an untenable objection. POLLOCK, C.B., says :- "The argument is, that at the time when the statute passed it was sufficient that the magistrate acting should be one in and for the county, and that the form given was intended for that state of things; but that in the last year a statute passed of a highly penal nature, and that to guard against any abuse of justice, the hearing must take place in petty

sessions, and in the very locality, and he argues that the form of the warrant should show these facts. That argument produces no impression upon my mind. The statute says that the commitment may be in that form or to the like effect. I do not think that the magistrates were at all called upon to reason upon the subject of why these forms were given. They find the form given, and they adopt it. This is the form in the statute, and is therefore free from objection." So, too, Mr. Baron PARKE observes :-"The late act of Parliament says, if the justices conform with the forms given it shall be sufficient, otherwise the act would be nothing but a trap. The forms clearly apply to all statutes. The form of commitment in the act shows what the justices are to set out; and it appears to me that this warrant fully complies with the form."

SECOND.

WARRANTS OF COMMITMENT.

General Forms of Warrants.]-Much that has been said respecting convictions and orders is applicable to warrants of commitment. These instruments, which formerly were surrounded by a vast body of nice and critical learning, are now comparatively free from technicalities, since the 11 & 12 Vict. c. 43, has supplied a body of forms which may be used in all cases of convictions or orders made under the provisions of that statute; and by section 32 it is expressly enacted

That the several forms in the schedule to this act contained, or forms to the like effect, shall be deemed good, valid, and sufficient in law.

These forms of warrants, therefore, are applicable to all cases of convictions or orders (not expressly excepted out of the act) where no form of conviction or order is given, and to all cases of convictions and orders in cases of statutes previously passed. In most of the excepted cases forms are supplied by the respective

statutes, so that in hardly any case is it likely that any substantial difficulty will present itself in framing these instruments: (see Ex parte Allison, ante, p. 110.) It may be well, however, in this place, to guard against some possible errors, by drawing attention to a few decisions upon the subject.

Correct statement of Offence, &c.]—The same observations which were made with reference to the importance of correctly stating in the conviction the offence of which the defendant was convicted, and the adjudication as to the penalty and costs, may be repeated with reference to warrants of commitment; and in these respects the warrant must correspond with the commitment: (Rogers v. Jones, 3 B. & C. 409; Wood v. Fenwick, 10 M. & W. 195; Charter v. Greame, 18 L. J. 73, M. C.)

Statement of time and manner of Imprisonment.]— Care, also, must be observed that the warrant is exact as to the time and manner of imprisonment, and the conditions upon which the defendant may be discharged: (Groome v. Forrester, 5 M. & S. 314.) Where, therefore, a party was committed to prison for three months, and the warrant omitted the day of the month upon which it was granted, the imprisonment was held to be bad: (Re Fletcher, 13 L. J. 16, M. C.)

Duration of Warrant-Not to be executed on a Sunday.]-The warrant of commitment, unless it be made returnable at a certain time, remains in force until it is executed, however long, if the magistrate granting it be living. It cannot, however, be executed on a Sunday: (Rex v. Myers, 1 T. R. 265.)

It may here be observed, that by some statutes, as the 7 & 8 Geo. 4, c. 29, s. 73 (the Larceny Act), 7 & 8 Geo. 4, c. 30, s. 39 (the Malicious Mischief Act), 9 Geo. 4, c. 31 (the Act relating to Offences against the Person), the 1 & 2 Will. 4, c. 32, s. 45 (the Game Act), and others, it is provided that no warrant of commitment

on a conviction upon such act shall be held to be void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there is a good and valid conviction to sustain the same. But as there is no general enactment upon the subject, a good conviction will not help a bad warrant where the statute providing for the proceedings does not contain such a clause: (Wickes v. Clutterbuck, 2 Bing. 483.)

Backing Warrants.]-By section 3 of the 11 & 12 Vict. c. 43, ample provisions are enacted for backing a warrant of commitment.

Defendant has a right to a Copy of the Warrant.]— The defendant, if taken into custody upon a warrant of commitment, has a right, under the Habeas Corpus Act, 31 Car. 2, c. 2, s. 5, to a copy of the warrant under which he is detained, and a heavy penalty is imposed for neglecting to give such copy within a certain time after demand.

When Defendant may be Apprehended in the first instance without a Summons or Warrant.]-The subject of convictions, orders, and warrants, will be further considered in the chapters devoted to appeals and actions against justices.

Before closing this branch of the subject, it may be well to remark that, although the 11 & 12 Vict. c. 43, provides for the issuing of a summons or warrant in the first instance to compel the appearance of the defendant, it must not be imagined that this statute operates as a repeal of those provisions in many statutes authorizing the apprehension of offenders found in the commission of an offence punishable summarily, or where a conviction may be made on view. But in every case the defendant has a common law right to make his full defence, and in cases within the operation of the 11 & 12 Vict. c. 43, the strictest regard to every form therein prescribed should invariably be observed.

CHAPTER VIII.

CHARGES OF INDICTABLE OFFENCES.

THE INFORMATION, SUMMONS, WARRANT, ETC.

WHILST considering the practice of the Court of Petty Sessions, it will be convenient to treat of that extensive jurisdiction which justices possess with reference to the hearing of charges of a criminal nature with a view to committal to trial; for although these proceedings are not necessarily transacted at petty sessions, taking place frequently before a single justice, and occasionally at his private residence, yet as, in fact, they most frequently are conducted at the sitting of justices in petty sessions, it will be well to consider them as appertaining to that court.

Jurisdiction of Justices over Indictable Offences.]— The powers of justices to hear charges of offences punishable upon indictment are of the most extensive description, embracing, with very few exceptions, every kind of indictable felony or misdemeanor. The practice upon the subject is now entirely regulated by the 11 & 12 Vict. c. 42, entitled, "An Act to facilitate the performance of the duties of Justices of the Peace out of Sessions within England and Wales with respect to Persons charged with Indictable Offences." This statute provides a code of proceeding upon the subject which entirely obviates any difficulty in this branch of the practice of magistrates' courts.