may be sustained in part, though bad as to residue, 158. when it must be in writing, ib. when on oath, 159. unnecessary, if statute does not require it to be So, must be in name of proper complainant, &c., 160. description of offence, 164. the requisite particularity, ib. when not merely in words of statute, 165. should be as extensive as facts will admit, ib. must state offence substantially against statute, 168. must be positive, 166. when particular words, as wilfully, &c., essential, ib. and not argumentative, ib. nor in the alternative, ib. ib. when must negative exceptions or exemptions, 166 to 168. how should conclude, 168, 9. may contain several counts, 169. prayer, that offender may be summoned, 170. defects in, how aided, ib. Several forms of, 170, 1, 2. See Forms. duty of Justice to receive information, &c., 173. he must correctly produce, and return the original information, 185. should be read to defendant if in writing, ib. or substance stated to him, ib. right of third persons to be present on hearing of, 187. mode of taking the evidence, 189. of hearing the defence, 191. justices may postpone the decision, 192. cannot enforce attendance of witness, 181. provisions of 1 & 2 W. 4. c. 32, in this respect, omitted in other acts, ib. recital of, in conviction, 198. usually in the past tense, ib. INFORMER. See Justices of the Peace. in general not liable if acting bona fide, 227. otherwise if proceeding from malice, ib. not liable for errors of justice, 228. INSPECTION OF WARRANT. when demand of, should be made, 61, 2. INTEGRITY. when attorney guilty of want of, Court will summarily interfere, 33. JUSTICES OF THE PEACE. See Notice of Action, Warrant. proctor whilst practising as such, cannot act as one, 3, 4. I. Of the notice of action to, and requisites, 63 to 69. See tit. Notice of Action. Secondly, when in general expedient, 127, 231. The law and practice relating to same, 127 to 250. Jurisdiction of justices of the peace out of the sessions originally very formerly their jurisdiction principally ministerial, ib. except in cases of forcible entries and detainers, ib. but now more extended, ib. extended to cases of contract, 129. extended to small private injuries to persons or property, ib. objects of recent enactments, ib. construction of statutes respecting their jurisdiction, 130, 131. First, for a common assault or battery on 9 G. 4. c. 31. s. 27, 132. only applies to common assaults and batteries, 133. and does not apply if accompanied by any attempt to commit or where any question arises as to title to land, &c. ib. or under any process of any court of justice, 134. on oath of credible witness justice may issue summons, ib. in default of appearance, on proof of due service of summons, or may issue warrant in first instance, 134, 137. offences under act must be commenced within three months, 134. shall not be quashed for want of form, ib. or removed by certiorari or otherwise, ib. commitment not void, when, ib. proceedings must be before two justices, 135. whose decision is final, ib. construction of act, 143. Secondly, for petty stealings of property, under 7 & 8 G. 4. c. 29, 135. provisions of act, 135, 6, 7. for taking or killing hare or coney in day time, 135. stealing any dog or beast, ib. killing, &c. any house dove or pigeon, ib. taking or destroying fish, ib. angling in day time, 136. stealing trees, &c. ib. receivers of property punishable as principals, ib. and subject to same penalties, ib. and recoverable before one justice, ib. offenders found committing may be apprehended without war- on oath of credible witness justice may issue warrant to search limitation of prosecutions to three months, ib. party aggrieved may be a witness, 136, 137. when so, penalty applied to county rate, 136, 137. provisions as to proceedings for penalty, 137. and distribution of penalty, ib. punishment when penalty not paid, ib. scale of punishment, 138. when justice may discharge offender on his making satisfaction to the party grieved, ib. the King may pardon offender, ib. on payment of penalty or suffering imprisonment, party relieved from all further proceedings, ib. form of conviction, ib. when conviction before one justice party may appeal, ib. proceedings on appeal, 138, 9. conviction not to be quashed for want of form, 139. or removed by certiorari, ib. no warrant of commitment void, when, ib. JUSTICES OF THE PEACE, Summary Proceedings before-(continued). when evidence in future cases, ib. protection of parties acting in execution of act, ib. actions, &c. against, must be laid and tried in county where must be commenced within six calendar months, ib. one calendar month's notice requisite, ib. defendant may plead general issue, ib. may tender amends, ib. or pay money into court, ib. costs, ib. construction of act, 144. Thirdly, for small wilful or malicious injuries to property, under 7 & 8 provisions of act, ib. proceedings may be before one justice, 139, 140. who may order compensation not exceeding 57., 140. to be paid to party aggrieved, unless a witness, 140, 1. if not paid, imprisonment, with or without hard labor, not ex- act not to apply, when, ib. not essential to prove malice, ib. persons found committing, may be apprehended without war- prosecutions to be commenced within three months, 141. charge must be upon oath, ib. abettors liable to same punishment as principal, ib. distribution of penalty when party aggrieved a witness, ib. scale of punishment, ib. discharge of offender on satisfying party aggrieved, ib. King may pardon offender, ib. no further proceedings for same cause, ib. form of conviction, 142. party aggrieved may appeal, ib. proceedings on appeal, ib. conviction not to be quashed for want of form, ib. or removal by certiorari, ib. or commitment held void, when, 142. convictions to be returned to quarter sessions, ib. when evidence in future cases, ib. provisions for persons acting bona fide under act, ib. proceedings for penalties, ib. construction of act, 146. similarity of the several statutes of this nature, ib. conviction or commitment under, when valid, 146. Practical proceedings to enforce compensation or penalties, 147. First, within what time an information must be exhibited or com- provisions of different statutes, ib. month, how construed, ib. when the first day to be included, 148. decisions contradictory, ib. Secondly, who to prosecute, 149. enactments of the different statutes, 149, 150. requisites to be observed by party proceeding, 150, 1. summary proceedings on justice's own view, 151. Thirdly, against whom, 151. enactments of the statutes in this respect, 151, 2. Fourthly, before what justice or justices, 152. should be before justice or justices of county where offence com- when one justice may adjudicate, 153. when two are requisite, ib. JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) Fifthly, of the information or complaint, 155. the form and strictness required in general, ib. form of information, 156. substance of, varies according to nature of complaint, 157. information may be sustained in part though bad as to residue, 158. surplusage, when it will not prejudice, ib. substance of the usual form of information, ib. when must be in writing, ib. when on oath, 159. unnecessary if statute does not require it, ib. though addition will not prejudice, ib. when required, illegal to act without it, ib. information may be brought to the justice ready prepared, ib. must be in the name of the proper complainant, &c. ib. time of exhibiting the information, 161. place of exhibiting same, ib. statement of magistrate's name and jurisdiction, ib. must be stated accurately, ib. or conviction would be void, ib. time of committing offence, ib. advisable to state real day, ib. 162. proof need not correspond with day named, ib. place of committing of offence, 163. when local description essential, ib. when not, ib. when conviction will be quashed for want of, 163, 4. description of the offence, 164. what particularity requisite, 164, 5. when information on oath merely in the words of the statute will not suffice, 165. should be as extensive as the facts will warrant, ib. must charge an offence equal to that prohibited either in the ex press words of act or substantially so, 166. must be positive, and not by way of recital, ib. must not be argumentative, ib. nor in the alternative, ib. when particular words of statute essential, ib. averments negativing, when necessary, 166, 7. conclusion, when should be contra formam statuti, 168. when contra pacem, 169. when may contain several counts varying descriptions, &c. ib. prayer that the offender be summoned, 170. defects in information when and how aided, ib. forms of information, 170, 1, 2. See Forms. Sirthly, oath or deposition to obtain summons, 171. Seventhly, duty of a justice to receive an information and issue process when charge clear ought to hear information, &c. ib. or Court of K. B. will compel him by mandamus, ib. Eighthly, the summons, 174. When it should issue before warrant, ib. should be signed by justice himself, 175. how directed, ib. when it would be void, 176. when appearance cures defect of, ib. form of summons, 177. VOL. II. JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) what necessary, 177, 8. Tenthly, of the warrant to apprehend, 178. enactments as to transient offenders, ib. justice may issue in first instance, when, 178, 179. advisable to issue summons in first instance, ib. unless offender likely to abscond, ib. when statute implies authority to use compulsory means, 179. Eleventhly, of the search warrant, 179. formerly could only be issued where a felony, &c. had been com- and if obtained maliciously, parties obtaining and acting under if illegal in form, justice liable to action of trespass, ib. modern enactments respecting, ib. may now be issued on oath of credible witness and proof of rea- course of proceedings under, ib. should in general only authorize search in day-time, ib. Twelfthly, of securing evidence and attendance of witnesses, 181. should be considered before hearing, ib. doubtful whether justices out of session can summons witnesses, unless under express enactments, ib. cannot enforce attendance, ib. provisions of 1 & 2 W. 4, c. 32, in this respect, ib. omission of in other acts, ib. jurisdiction of justices imperfect for want of power, ib. proper course for justices to issue summons to each witness, 182. under Game Act witness refusing to attend, or refusing to an- swer, penalty 51., ib. form of summons, ib. Thirteenthly, hearing and proceeding before one or two justices, 182. justice should be punctual, ib. proceedings before conviction considered, ib. 1. Jurisdiction and number of justices, 182, 3. when two are essential, ib. in general, one may receive information, issue summons though hearing and conviction must be before two, ib. advisable to be before two, ib. enactments of different statutes must be considered, ib. 2. Non-attendance of defendant and proof of due service of summons, 184. should be satisfied of due service of summons before he if service doubtful, should issue fresh summons, ib. necessity for regularity when proceeding ex parte, ib. 3. Of confessions, 184. when sufficient, ib. when it does not aid defect in information, 185. 4. Of adjournments, 185. when justice may adjourn, ib. care to be observed before adjourning, ib. 5. Reading information to defendant, and his objections thereon, 185. right of defendant to have information read when in or substance stated to him when not in writing, ib. if defective, defendant may object in first instance, ib. |