pay a fine not exceeding (the Amendment Act adds, "with costs")-the sum of £10. If the fine and costs (if ordered) be not paid forthwith, or within the time appointed by the Justices at the time of the conviction, the Justices may commit the offender to gaol, to be imprisoned, with or without hard labour, for a period not exceeding "two" [substituted for "three"] months, unless such fine and costs be sooner paid. (1)

charge. J.P.Act, 1866,

§ 516. If, at the hearing, the Justices consider that the Dismissal of assault or battery was not proved, or find that it was justified, or so trifling as not to merit punishment, they are to s. 77. dismiss the case. (*)

treated as in

§ 517. If they find that the assault or battery complained When to be of was accompanied by an attempt to commit felony, or was dictable. of an aggravated nature, or was for other reasons a proper Ibid. subject for prosecution by indictment, they are to abstain from any adjudication on the case, and to deal with the matter as a charge of an indictable offence.

insolvency.

518. But the Justices are prohibited from determining Title to land, any case of assault or battery in which any question shall arise bankruptcy, as to the title to or interest in any lands or hereditaments, or Ibid. as to bankruptcy or insolvency, or an execution under the process of any Court of Justice.

dismissal.

§ 519. If the Justices upon hearing any such case on the Certificate of merits dismiss it under the provision just mentioned in § 516, Sec. 78. they must, if asked to do so, immediately make out a certificate under their hands stating the fact of dismissal, and deliver the same to the party against whom the information. was preferred. Such certificate may be asked for and given at any time afterwards, provided a minute of the dismissal

(1) There are similar provisions in "The Offences against the Person Act, 1867," s. 39.

(See a similar provision in "The Offences against the Person Act, 1867," 8. 41.

Discharge from all future proceedings. Sec. 79.

Time of charge
Sec. 80.

Compensation to party assaulted.

In what case.

J. P. Act Am.
Act, 1869, s. 5.

Dismissal of trivial case.

Sec. 82.

was made (as it ought to have been) by the Justices or their Clerk at the time thereof. ()

§ 520. Every person who has obtained such a certificate of dismissal, or who, having been convicted of assault or battery under the foregoing provisions of the Act, has paid the whole amount adjudged, or the punishment awarded, is to be relieved from all proceedings, civil or criminal, for the same

cause.

§ 521. Every prosecution for assault or battery punishable by summary conviction under the Act, is to be commenced within three months after the commission of the offence.

§ 522. Certain provisions were made for awarding compensation to the party aggrieved, by the 81st section of the Act of 1866, which were afterwards repealed by "The Justices of the Peace Act Amendment Act, 1869," the following being substituted in their stead by the 5th section of the latter Act.

§ 523. In case of a conviction under the Act of 1866, if it appear to the Justices upon the evidence of any credible witness, other than the party assaulted, that the assault was wanton and unprovoked, and was attended with bodily injury to such party, or with injury to his clothes, or to any of his personal property then in his immediate personal custody, and a fine has been imposed on the offender, the Justices, if they think it proper that compensation should be made, may award to the party injured such portion of the fine as they may think fit, not exceeding one-half; and their order is a sufficient authority to the Clerk receiving the fine to pay it over to the party.

Larceny. (2)

§ 524. When any person is charged with larceny, and (1) There is a similar provision in “The Offences against the Person Act, 1867," s. 42.

(2) See the definition of "Larceny" in the Alphabetical Digest of Indictable Offences.

the value of the property does not exceed 20s., and where the circumstances are such that the Justice of the Peace considers the case to be of so trivial a nature as to be unfit for prosecution, he may dismiss it, although a felony has been proved.

viction when value not

§ 525. Where, on a charge of larceny, two or more Summary conJustices are satisfied that the value of the property stolen does not exceed £5, they may, if they think fit, hear and above £5. J.P.Act, 1866, determine the case, and, in case of conviction, sentence the prisoner to be imprisoned, with or without hard labour, for any period not exceeding six calendar months.

s. 83.

The conviction is not liable to be invalidated if it should Ibid. turn out afterwards that the value of the property had been under-estimated by the Justices.

£10. Confes

§ 526. Where the value of the property stolen does not Value not exceed £10, if the accused, after hearing the information more than and evidence, voluntarily confesses the offence, two Justices sion. may take the confession, and sentence the offender to im- Sec. 84. prisonment, with or without hard labour, for any period not exceeding twelve calendar months.

under four

§ 527. When any person is brought before two Justices Offender charged as a principal or accessory in the commission of teen years. larceny, whose age, in their opinion, does not exceed fourteen Sec. 85. years, they may, on his conviction by confession or proof, irrespective of the value of the property, sentence him to be imprisoned, with or without hard labour, for any term not exceeding two calendar months, and if a male, to be once privately whipped, either instead of or in addition to such imprisonment. The Justices may order any fit and proper person, being a constable, gaoler, or turnkey, to inflict such whipping; and every such officer must obey such order.

There are other provisions respecting juvenile offenders in "The Neglected and Criminal Children Act, 1867," which will be adverted to hereafter.

No forfeiture.

§ 528. A conviction of larceny under the Act of 1866 does not expose the party to forfeiture; but in the case of any summary conviction under the Act, or any dismissal of a case as trivial, where the Justices think that the charge Order of resti- was proved, they may order restitution of the stolen property to the owner or his representative.

tution.

Sec. 86.

If goods sold, payment out

prisoner.

If the property be not forthcoming, the Justices may ascertain its value in money, and, if they think fit, order payment to the owner by the person proved guilty, either at one time or by instalments.

Such order may be enforced in the same manner as an order for the payment of money upon a complaint under the provisions of the Act. (See ante.)

It is further provided by "The Law Amendment Act, of moneys of 1869," s. 5, that if the property stolen has been sold to any person who had no knowledge that it was stolen, and if any money has been taken from the prisoner on his apprehension, the Court may, on the application of the purchaser, and on the restitution of the stolen property, order that out of such moneys a sum not exceeding the proceeds of the sale be delivered to the purchaser.

171

CHAPTER VI.

APPEALS AGAINST, AND QUASHING, CONVICTIONS,
ORDERS, &c.

Appeal Generally.

tory.

§ 529. The right of appealing from the determination of Right of Justices of the Peace, is not a Common Law right, but the appeal statucreature of particular Statutes; and it does not exist in England except in cases where it is given by express enactment; and it cannot be extended by an equitable construction to cases not distinctly enumerated. Certiorari, (which is the writ by which the proceedings of inferior Courts are brought up into the Court of Queen's Bench to be reviewed) is, on the contrary, applicable in all cases where it is not taken away by express words of a Statute, and even where it is expressly taken away, if there has been a want or excess of jurisdiction.

§ 530. The Legislature of New Zealand dealt with this Legislation of the Colony, subject at an early period in the history of the Colony, &c., repealed. passing the Summary Proceedings Ordinance (Sess. II., No. 5) in the year 1842, and the Amendment Ordinance (Sess. III., No. 15) in 1844.

These Ordinances were repealed-but only in so far as they were inconsistent with Jervis' Act-by "The Justices of the Peace Act, 1858." Afterwards, a new mode of proceeding with respect to appeals on points of law was introduced by "The Summary Proceedings Improvement Act, 1860."

§ 531. That Act, and the above-named Ordinances are Consolidation, now repealed; (2) and their provisions, consolidated and

&c., by Appeals from Justices Act,

(1) The original Ordinance was repealed by "The Justice of the Peace 1867. Acts Repeal Act, 1866;" and the Amendment Ordinance and the Act of 1860 were repealed by "The Appeals from Justices Act, 1867."