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.
(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."
Outline of new practice, 2, 3, 4; epitome of the jurisdiction of jus-
tices, 5; as to place, 5, 6, 7; as to procedure, 7, 8; the protection
of justices from vexatious actions, general provisions of statute 11 & 12
Vict. c. 44..8, 9; particular provisions, 9, 10.
SECT. 1.-OF THE INFORMATION AND COMPLAINT, THEIR REQUISITES AND
TIME, p. 11 to 20.
(1). As to Informations. Time, 12; whom to lay, 12; when to be in writing,
12; when on oath, 13; form of oath, 13; Jews, Quakers, Moravians,
peers, deaf and dumb persons, 13; requisites of the information, com-
plainant and defendant's names, &c., 14; married women, 14; female
offenders, 14; joint offenders, 14; several offenders, 15; aiders and
abettors, 15. The Offence: time and place, 15; statement of offence,
15; exemptions and exceptions, 16; case admitting of excuse, 16;
describing statute, 17; describing property, 17; where a second or
subsequent offence, 17.
Forms Information [on oath], 17; mode of describing justice of two
adjoining counties, 18; deposition on charge or complaint substantiated,
18; information at the suit of an informer, 18; information for a second
offence, 19; for a third offence, 19; information against an aider or
abettor, with or without the principal, 19; information against a coun-
sellor or procurer, 19.
(2). As to Complaints. Time, &c., 19; need not be in writing, 20; statement of complaint, 20; form of complaint, No. 1, p. 17.
SECT. 2.-THE PROCESS TO ISSUE TO DEFENDANTS, p. 20 to 23.
(1). On Informations. Summons, 20; how served, 20; deposition of con-
stable of service, note (d), 21; warrant if not obeyed, 20; warrant in
the first instance, 21; where and how executed, 21; no objection
thereto, 21; backing warrants, 22.
Forms: Summons (A), 22; warrant (B), where the summons is dis-
obeyed, 22; warrant (C), in the first instance, 23; indorsement (K),
in backing a warrant, 23.
Before or during hearing, 24; at hearing, on variances, 24; remand on
apprehension of defendant before time of hearing, 25; on nonap-
pearance of complainant, 25; estreating the recognizance on non-
appearance, 25.
Forms: Warrant (D) of committal for safe custody during an adjourn-
ment of the hearing, 26; recognizance (E) for defendant's appearance
where case adjourned, and notice, 26; certificate (F) of nonappearance
of defendant on recognizance, 27; warrant (H) to remand a defendant
when apprehended, 27.
SECT. 4.-OF COMPELLING WITNESSES' ATTENDANCE, &c., p. 27 to 31.
Summons, 27; how served, 28; tender of expenses necessary, 28; warrant
on disobedience, 28; or warrant in the first instance, 29; refusing to
be examined, &c. may be committed, 29.
Forms: Summons (G 1) of a witness, 29; warrant (G 2) where a witness
has not obeyed a summons, 30; warrant (G 3) for a witness in the first
instance, 30; commitment (G 4) of a witness for refusing to be sworn
or to give evidence, 31.
SECT. 5. THE HEARING AND ADJUDICATION, &c., p. 31 to 53.
(1.) Hearing, before whom, and where, 31; open court, 32; either party allowed
to plead by attorney, 32; where offence committed or matter arose,
32; ordering witnesses out, 33; death of informer before hearing, 33;
where joint offenders, 33; where several offenders, 33.
(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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