JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) hearing must be confined to the terms of the charge in information, 185. when defendant should disclose his objections, 185, 6. 6. Right to appear by counsel or attorney, 186. in preliminary examination not allowed of right, ib. but may of right have the private assistance and attendance of counsel or attorney, 186. but not to interfere as an advocate, ib. 7. Right of third persons uninterested to be present, but not to take notes, 187. when justice would be liable for expelling person from justice-room, 187. may prohibit the taking of notes, ib. except on behalf of informer or defendant, ib. if party persist, may be removed, ib. 8. The evidence and witnesses, 188. sometimes express directions given by statutes, ib. when not, ib. 9. Oath of witness, 188. to be administered as on trial of an action, ib. on summary proceedings evidence must be on oath, ib. if not on oath, justice liable to a criminal information, ib. when justice may commit for refusing to take oath and give evidence, 188. when not, ib. when he would be liable to an action of trespass for so doing, 189. conviction, when it would be quashed for refusing to hear a witness, ib. 10. Mode of examination, &c. 189. should be conducted as in Courts of Law, ib. leading questions should not be put, ib. but full investigation of truth should be obtained, ib. 11. Mode of taking evidence, 189. in summary proceedings should be taken down verbatim, ib. at least all the words material, 190. but not in the words of the statute, ib. should be read over to witness, ib. should not be taken before witness has been sworn, ib. provisions of 3 Geo. 4, c. 23, as to statement of evidence in the conviction, ib. omission to do so, justice may be compelled by manda- evidence must state the facts, and not merely the result, ib. 12. The defence, 191. when on a criminal charge, what course the justice should pursue, ib. 13. Evidence in support of defence, 191. when under bond fide claim of right, ib. Fourteenthly, Postponing the decision of the justices, and presence of, at the time of deciding, 192. may take time to consider, ib. if two justices must convict, decision must be given in presence of both, ib. and should give defendant notice when they will decide, ib. when Court of King's Bench will interfere, ib. if proof doubtful, defendant should have the benefit, and be acquitted, 193, 4. Fifteenthly, Amicable adjustments and compromises by intervention of justices, 193. when they may interfere, 193, 4. or allow a compromise, ib. JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) when parties liable for compromising, 193. 1. Acquittal, and record or certificate thereof, ib. 3. Conviction, 195, 6, 7. what it should contain, 196. but be completed with due expedition, ib. should be returned to quarter sessions, ib. formal parts and requisites of, ib. form of, ib. in what respects imperative, and consequences of deviation, 198. recital of information, ib. usually in the past tense, ib. recital of appearance and defence, 199. should be stated according to fact, ib. recital of confession, ib. of evidence, ib. enactments in this respect, ib. mode in which evidence should be stated, 200. evidence of each witness should be stated separately, ib. and in the precise words of witness, ib. and not merely the result, ib. may be compelled to do so by mandamus, 201. Statement of the defence and evidence for defendant, 201. how to be stated, ib. what evidence on face of conviction will suffice, 202. the form of adjudication in general, ib. what necessary, 203. form prescribed in 3 Geo. 4, c. 23, ib. should appear that a judgment was pronounced, ib. must be precise and certain, ib. when it should negative exceptions, ib. what statement of the offence necessary, 204. or of defendant's avoiding objections, ib. must observe certainty in stating offence, 205. when uncertainty in information aided by conviction, ib. statement of conviction of several offences, ib. of adjudication as to forfeitures, penalties, &c., 206. as to costs, 207. conclusion of conviction, 208. the date, ib. signing and sealing, ib. Convictions upon particular statutes, 209. when must be in words prescribed by statute, ib. when may vary, ib. defects in, when aided, 210. delivery of copy of conviction, and returning same to ses- enforcing payment of penalty or punishment, 212. when Court of King's Bench will compel justice to do so, ib. when not, ib. mode of enforcing same by distress warrant, &c., ib. can only be done by express enactment, 212, 3. and no replevin lies, 213. may sell goods distrained under, ib. Seventeenthly, Commitments, 213. should strictly pursue the conviction upon which they are deviation from, justice liable to action of trespass, 214. INDEX. JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) and not verbal, 214. when demand of penalty should be made before commitment, ib. Eighteenthly, Of Appeals to the sessions, 214. 1. When may be made, 214, 5. cannot unless expressly or impliedly given by statute, 215. 2. Recognizance, 215. to prosecute appeal, ib. form of, ib. form of judgment of affirmance of appeal, 216. 3. Notice of appeal, 216. must explicitly state all the objections, 216, 7. when must be served, 217. when sessions quashing conviction not conclusive, ib. Nineteenthly, Mandamus to compel justices to state evidence, &c. in con- when Court of K. B. will grant, ib. Twentiethly, Certiorari, 219. 1. Lies as a matter of right, ib. unless expressly taken away by statute, 219, 220. 2. What notice thereof required, 221, 222. who must sign it, ib. affidavit of service of notice must be made, ib. notice should specify grounds of objection, 223. 3. Affidavit in support of motion for certiorari, 223. how to be made, ib. objections should be stated in affidavit, ib. form of affidavit in support of motion, 224. grounds on which Court will grant or refuse application, ib. must be entered into with two sureties, ib. in what sum sureties to be bound, ib. Affirmance of, or quashing conviction in K. B., 226. unless magistrate has refused a copy, ib. if quashed, defendant entitled to have recognizance dis- not entitled to costs on certiorari, if decision in his favor, ib. reason for this distinction, ib. Execution to enforce conviction after being affirmed, 226. Liability of complainant or informer, 227. in general not liable if acting bona fide, ib. unless acting through malice, ib. liability for obtaining search warrant, ib. Liability of Justices, 228. when acting without jurisdiction, 228, 9. or without sufficient oath of crime committed, 228. or keeping party too long in custody, ib. committing party under Vagrant Act without hearing wit- or committing for different offence than stated in convic- enactments of recent acts, 228, 9. for committing party when facts do not warrant his pro- JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) Protection to Justices, 230. enactments in this respect, ib. or pay money into Court at any time before trial, ib. Thirdly, in cases of Forcible Entry and Detainer, 231. what a forcible entry, 232, 3, 4. even by party having a right to possession, 232. cannot take possession by force, ib. when party may safely act without assistance of a justice, 233. court of equity, in cases of wrongful possession, will grant in- jurisdiction of justice, ib. founded on statute law, ib. two descriptions of forcible ousters, ib. 1. forcible entry and expulsion, ib. 2. forcible detainer, where entry not forcible, but illegal, ib. what constitutes a forcible entry, 234. 1. Forcible entry and forcible detainer after such entry, 234. when justices may proceed to give possession, ib. when not, ib. must have view of continuing force, 234, 5. when jury must be empannelled to try forcible entry, 234. upon finding of force, justice may then proceed, ih. when he may break open doors, 235. and cause offenders to be arrested, ib. justice's duty on finding force, ib. proceedings in case there is no continuance of the force in view 2. Forcible Detainer, 236. proceedings under, ib. enactments respecting, 236, 7. justice cannot act where wrong-doer has been continually in what a forcible detainer, 238. may be whether entry forcible or not, ib. instances of forcible detainer, ib. between landlord and tenant, ib. when conviction by justices insufficient, for not stating that the decisions of the judges as to what is an illegal entry under when tenant holding over guilty of illegal entry, 239. in these cases prudent to try right in a civil action, ib. Practical Proceedings in cases of forcible entry and detainer, 240. most prudent for two to act, ib. complainant should be sworn as to his right to estate, and of or conviction not shewing that entry illegal, would be bad, ib. but leave party to try right, ib. or should issue warrant to sheriff to impannel a jury, ib. when offenders may traverse finding of justices, ib. restitution should not be awarded before the jury have found or defendant decline traversing, ib. complainant not to be a witness, ib. justices to give restitution on finding of force, ib. JUSTICES OF THE PEACE, Summary Proceedings before-(continued.) and draw up record of proceedings, 241. KING. Certiorari to remove conviction, ib. six days' notice of motion to be given, ib. proceedings same as in other cases of certiorari, ib. Fourthly, In other cases between landlords and tenants, 241. jurisdiction given to justices, ib. costs on appealing, ib. to what tenancies the statutes apply, ib. four circumstances must concur, 242, 3. 1. a tenancy at not less than three fourths of the annual value, 243. 2. at least half a year's rent in arrear, ib. 3. a desertion by the tenant, ib. 4. neither tender of rent, nor a sufficient distress, ib. practical proceedings in these cases, ib. application usually in writing to two justices of the county, ib. complaint need not be on oath, ib. on first view, justices to affix notice, 244. requisites of notice, ib. on second view justices to give possession if defendant does not appear, &c., id. what desertion essential, ib. justices should enquire fully into the facts, 245. provisions of 11 G. 2. c. 19, as to justices' proceedings, ib. justices not liable for proceedings, ib. when landlord would be liable, ib. 2dly, Cases of Fraudulent Removal to avoid distress, 245. provisions of 11 G. 2. c. 19. s. 4, ib. complaint must be in writing before two justices, ib. justices to summon parties concerned, 246, 7. examination to be on oath, 246, 7. value of goods removed to be ascertained, 246. and parties offending to pay double the value, ib. refusal to do so, a distress warrant to issue, ib. default of distress, party to be committed for six months, ib. party appealing must enter into recognizance, &c., ib. order to be stayed pending appeal, ib. what a fraudulent removal, 246, 7. jurisdiction of justices, 247. requisites of the order, ib. advisable to be drawn up with same precision as a conviction, 248. oath and warrant to authorize the breaking a dwelling-house to seize goods fraudulently removed, ib. enactment of 11 G. 2, c. 19, s. 7., ib. caution to be observed before granting, 248, 9. 3dly, Paupers retaining Parish Property, 249. enactment of 59 G. 3, c. 112, s. 24, ib. proceedings under, ib. 4thly, Excessive Costs of Distress, 250. enactment of 57 G. 3, c. 93., ib. when charge unlawful, justice to summon party, ib. on proof of charge, to adjudge treble the amount of money unlawfully taken, ib. with costs, to be levied by distress, ib. other provisions of act, 250, 1. 5thly, Summary Proceedings before Justices under the Custom and Excise Laws, 251. under 7 & 8 G. 4, c. 29 and 30, may remit penalty or imprisonment of offenders, 138, 141. LABOURERS AND SERVANTS, claims for and against, when referred to arbitration, 74. |