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Act may be
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defence by counsel or attorney," as relates to the right of parties charged with offences to have copies of the depositions or examinations against them; and all other Act or Acts or parts of Acts which are inconsistent with the provisions of this Act; save and except so much of the said several Acts as repeal any other Act or parts of Acts, and also except as to proceedings now pending to which the same or any of them are applicable.

XXXV. And be it enacted, that this Act may be amended or repealed by any Act to be passed in the present session of parliament.

CONTENTS

OF

STATUTE 11 & 12 VICTORIA, c. 43.

Summons on information or complaint; how served. Provisoes; sect. 1.

If summons be not obeyed, warrant; or warrant in the first instance; or if the summons be not obeyed, and it have been duly served, the justice may proceed ex parte; 2. Warrant, in what form; where and how executed; in what cases and how backed. Proviso; 3.

Description of the property of partners, &c.; of counties; in goods provided for the poor; in materials for parish roads; in materials for turnpike roads, gates, &c.; of the property of commissioners of sewers; 4.

Punishment and prosecution of aiders, abettors, &c.; 5. Provisions of stat. 11 & 12 Vict. c. 42, as to justices in one county, &c. acting for another, to extend to this Act; 6. Summons to a witness to attend and give evidence. If he do not obey the summons, then warrant. In what cases warrant in the first instance. Refusing to be examined, imprisonment; 7.

Complaints for an order need not be in writing; 8.

Variance between information and proof, when not material; when material, case to be adjourned. Proviso; 9.

Complaint or information, how made or laid; 10.
Time limited for such complaint or information; 11.
Hearing, by whom and where. Place of hearing a public
court. Parties allowed counsel or attorney; 12.

Appearance or default of the defendant. Default after service of the summons. Appearance; 13.

Hearing, how. Proviso; 14.

Witnesses, their competency, to be sworn or affirmed; 15. Adjournment of the hearing, in what cases, and how. Proviso; 16.

Form of convictions and orders; sect. 17.

Costs; 18.

Warrant of distress; how backed. Proviso; 19.

Commitment or security until return made. Proviso; 20. In default of distress, commitment; 21.

Where a statute gives no remedy in default of distress, party to be committed; 22.

Commitment in the first instance for nonpayment of a penalty or of a sum ordered; 23.

Commitment where the conviction is not for a penalty, nor the order for payment of money, and the punishment is by imprisonment, &c. Costs in such a case, how recovered;

24.

Imprisonment for a subsequent offence, from what time; 25. Costs upon dismissal, how recovered; 26.

Warrants of distress or commitment after appeal against a conviction or order. Costs of appeal, how recovered; 27. On payment of penalty, &c. distress not to be levied, or the party, if imprisoned, to be discharged; 28.

One justice may issue summons or warrant, &c., and, after conviction or order, may issue warrant of distress, &c.; 29. Clerks' fees; 30.

To whom penalties to be paid, and how to be accounted for; 31.

Forms in schedule valid; 32.

Metropolitan and police magistrates, and stipendiary magistrates, may act alone; 33.

The Lord Mayor or any Alderman of London may act alone; 34.

To what this Act shall not extend; 35.

Repeal of statutes; 36.

Act to extend to Berwick, but not to Scotland, Ireland, &c;

37.

Commencement of act; 38.

Act may be amended this session; 39.

SCHEDULES.

Summons to the defendant, upon an information or complaint; (A.) p. 100.

Warrant, where the summons is disobeyed; (B.) p. 104.

Warrant in the first instance; (C.) p. 104.

Warrant of commital for safe custody, during an adjournment of the hearing; (D.) p. 109.

Recognizance for the appearance of the defendant, where the case is adjourned, or not at once proceeded with; (E.) p. 110. Certificate of non-appearance to be indorsed on defendant's recognizance; (F.) p. 111.

Summons of a witness; (G. 1) p. 119.

Warrant, where a witness has not obeyed a summons; (G. 2.) p. 119.

Warrant for a witness in the first instance; (G. 3) p. 120. Commitment of a witness for refusing to be sworn or to give evidence; (G. 4) p. 120.

Warrant to remand a defendant, when apprehended; (H.) p. 132.

Conviction for a penalty to be levied by distress, and in default of sufficient distress imprisonment; (I. 1) p. 139. Conviction for a penalty, and in default of payment, imprisonment; (I. 2) p. 140.

Conviction where the punishment is by imprisonment; (I. 3) p. 140.

Order for payment of money to be levied by distress, and in default of distress imprisonment; (K. 1) p. 141.

Order for payment of money, and in default of payment imprisonment; (K. 2) p. 142.

Order for any other matter, where the disobeying of it is punishable with imprisonment; (K. 3) p. 143.

Order of dismissal of an information or complaint; (L.) p. 143. Certificate of dismissal; (M) p. 144.

Warrant of distress upon a conviction for a penalty; (N. 1) p. 154.

Warrant of distress upon an order for the payment of money; (N. 2) p, 155.

Indorsement in backing a warrant of distress; (N. 3) p. 156. Constable's return to a warrant of distress; (N. 4) p. 159. Warrant of commitment for want of distress; (N. 5) p. 160. Warrant of commitment upon a conviction for a penalty in the first instance; (O. 1) p. 163.

Warrant of commitment on an order in the first instance; (0.2) p. 164.

Warrant of commitment on a conviction, where the punishment is by imprisonment; (P. 1) p. 167.

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