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THE FIRST EDITION.

THE design of this Work was suggested to me by the inconvenience which Justices and their Clerks experience generally, but more especially when called upon suddenly to act, and in the bustle of a petty session, from the want of some Book of Reference in which might be found succinctly and at a glance the legal requirements of the numerous enactments respecting each offence punishable summarily; for in the many publications upon that branch of the law, the intervention of other matter, and the absence of references, in many instances, to the various parts of the subject dispersed throughout the works, prevent the immediate perception of and connection between the offence enacted, the penalty, and mode of proceeding for and enforcing it, and other essential particulars, so necessary to be instantly known by Justices exercising summary jurisdiction, as well as by Advocates engaged before Criminal Tribunals.

The want of a Book of Ready Reference, combining the above requisites, has been long and very generally and strongly felt and expressed by Magistrates and their Clerks, and that alone has occasioned the introduction of the present Work to their notice.

To Solicitors practising at Benches of Justices, it is conceived it will be of equal assistance.

I may be allowed briefly to allude to the design and contents of the several parts of the work:

First, as to Part II. It was originally intended that this portion, and the Notes thereto, should comprise the whole of the Work in it will be found at one view the entire law regarding 1300 offences punishable summarily, compressed into as small a space as is compatible with clearness and accuracy; with references to notes, placed for convenience at the end, and containing decisions and practical observations on the offences and the proceedings. This portion was, to the extent of the existing state of the law at that time, compiled by me four years since for my own guidance, but its completion was from time to time deferred, which

has, however, enabled me to add many new titles, and a considerable number of offences since made cognizable by summary conviction, including those of the last Session of Parliament (10 & 11 Vict.), but omitting those relating to the customs and excise, excepting those under the title "Smuggling." I would refer the reader to the Explanation of the Columns of this part of the Work at p. 65.

The Compilation, afterwards intended for publication, being deemed to be incomplete without the General Practice on Summary Convictions, Part I. was added; that portion being compiled from the highest authorities, with practical observations, and in which is incorporated, where the subject requiring them is treated of, a comprehensive body of Practical Forms.

As to Part III., it has been added to the work at the suggestion of many magistrates and professional gentlemen; and with reference to that portion of it (title " Examinations (Preliminary) in Felony, &c.," p. 346), which contains a list of indictable offences, showing where each is to be tried, and to what extent the costs of prosecution are allowed, it has been extracted from a Manuscript of my own (a), prepared about two years since and intended for publication, but abandoned in consequence of the contemplated amendment of the Criminal Law.

The Abstract of the Juvenile Offenders Act, placed as a Supplement, being one relating to the Summary Jurisdiction, was necessarily inserted as a portion of the Work, to which I have appended explanatory notes and a list of offences which seem to come within its operation.

A full Index and a Table of Contents are given, by which it is hoped a ready reference to any portion of the Work will easily be had.

I must not omit to return most respectfully my thanks to those Magistrates and Professional Gentlemen who have favoured me with suggestions during the progress of the Work, and also to those who so kindly proffered their assistance in my labours.

Newmarket, January, 1848.

G. C. O.

(a) "An Analysis and Digest of Indictable Offences at Common Law and by Statute, showing at one view where each must be tried, the punishment, and as to the costs of prosecution, &c."

CONTENTS.

(3). Appearance of Complainant, and Defendant not appearing, 34; exparte

hearing, 34, 35.

(4). Appearance of Defendant, and Complainant not appearing, 35; dismissal

or adjournment, 35; order and certificate of dismissal, 35; costs on

dismissal, 36.

Forms: Order (L) of dismissal of an information or complaint, 36; certi-

ficate (M) of dismissal, 36; warrant of distress (Q 1) for costs upon an

order of dismissal, 37; indorsement (N 3) in backing a warrant of

distress, 37; constable's return (N 4) to a warrant of distress, 37;

warrant of committal (Q 2) for want of distress, 38.

(5). Nonappearance of either or both Parties at adjourned Hearing, 38; dis-

missed, 38; proceed to hearing, 38; or if complainant do not attend,

dismiss, 39.

(6). Appearance of all Parties, 39 to 44; appearance waives any irregularity

in service of summons, 39; no objection to forms, 39; if variances

misled, case to be adjourned, 39; variances on informations only,

adjournment or bail taken, 39; not necessary to prove a negative,

40; information or complaint read, 40; if confession, convict or make

order, 40; competency of witnesses, complainant not informer, 41;

co-defendants, 41; husband and wife, 41; infants, 42; want of reli-

gion, 42; no incapacity from crime, 42; deaf and dumb persons, 42;

form of witness's oath, 43; general rules as to evidence, 43, 44; aiders

or abettors, 44.

(7). The Adjudication, and Proceedings thereon, 44 to 53. Pronouncing judg-

ment, 44; where a second offence, 45; evidence of previous con-

viction, 45; where several offenders, 45; questionable whether a joint

or several offence, 45; meaning of a month, 46; minute of adjudi-

cation to be made, and in case of orders, to be served, 47; dismissal,

48; copies of depositions, 48; costs in all cases, 48; scale and limit

of costs, 49; power to frame new table of fees, 49.

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