c. 32. game from an For that you [or he the said A. B.] on &c., at &c., not 1 & 2 Will. 4, then being licensed to deal in game according to the statutes in that behalf, unlawfully did buy certain game, to 48. Buying wit, two pheasants, from one E. F., he the said E. F. not unlicensed being then and there a person licensed to deal in game person (Id. according to the statute in that behalf, and not having then affixed to the outside of the front of his house [or shop, or stall] a board purporting to be the board of a person licensed to deal in game, contrary, &c. For that you [or he the said A. B.] on &c., at &c., not being then licensed to deal in game according to the statute in that behalf, unlawfully did assume and pretend that you were [or he was] then a person licensed to deal in game, by then and there affixing a board with the words "A. B., licensed to deal in game," to part of the outside of the front of your [or his] house [or shop, or stall] there situate, [or by then and there exhibiting in the window of your [or his] house [or shop, or stall] there situate, a certain paper purporting to be a certificate of [three] of her Majesty's justices of the peace for the said -, authorizing you [or the said A. B.] to deal in game, which certificate was false and forged], contrary, &c. s. 27). 49. Unli censed person assuming to be licensed (Id. s. 28) 1. Proceedings for penalties. Outline of procedure. Information of charge, and time. CHAPTER X. PROCEEDINGS FOR PENALTIES UNDER 1 & 2 WILL. 4, c. 32, AND IN ACTIONS. (1) Proceedings for Penalties, infra. (1) PROCEEDINGS FOR PENALTIES. BESIDES the enactments in the 1 & 2 Will. 4, c. 32, there are various provisions in the general act of 11 & 12 Vict. c. 43, regulating summary proceedings before justices of the peace, and in others, which relate to the proceedings for recovery of penalties under the first named act. Before, however, giving the enactments in extenso, it will be convenient to give a succinct statement of the procedure in the order in which the stages occur in practice, with references to the authorities.1 It is the practice to take the information in writing, and it must be laid within three calendar months after the commission of the offence (1 & 2 Will. 4, c. 32, s. 41, post, p. 98), before a justice of the jurisdiction where the offence was committed. It may be laid by any person, even if he has no interest in the land in respect to which the offence is committed (Middleton v. Gale, and Morden v. Porter, ante, pp. 60, 61, note o); but the charge must be deposed to on the oath of a cre 1 Fuller information must be sought for in the author's larger work, "The Magisterial Synopsis," 7th ed., pp. 92-216. abettors. dible witness (6 & 7 Will. 4, c. 65, s. 9, post, p. 99, note), who may now he is competent to give evidence be the informer himself. (Oke's "Synopsis," 7th ed. p. 303). Vide general form of information, post, p. 105. Only one offence—i. e. an illegal act done on one day only-must be inserted in an information, (11 & 12 Vict. c. 43, s. 10,) although several offenders joining in the commission of the same offence at the same time may be included, as well as those who are charged under 11 & 12 Vict. c. 43, s. 5, with aiding, Aiders and abetting, counselling, or procuring the commission of it, although the offence of the latter is in another jurisdiction. Mhors and married women, and indeed all females, can be convicted of any offence, punishable summarily. Under each chapter of this work is given forms of statements of the offences described in it; and with respect to the date of committing an offence, it may be stated, if not known correctly, to have been between such a day and such a day, for proof of one of the days within the prescribed period for laying the information will suffice (Onley v. Gee, 4 Law T., N. S. 338; 25 J. P. 342); and so as to the parish in which it was committed, if it was in fact committed within the justice's jurisdiction. (11 & 12 Vict. c. 43, s. 9; Oke's "Synopsis," 7th ed. pp. 104—109.) A summons is to be issued to the party charged, which may be served personally or at his abode, or a warrant may be issued to apprehend him if he is likely to abscond (1 & 2 Will. 4, c. 32, s. 41, post, p. 98), or if the justice think fit (11 & 12 Vict. c. 43, s. 2). Vide forms of summons and warrant, post, pp. 105, 106. The process defendants. to issue to or bailing defendants till hearing, The 11 & 12 Vict. c. 43, contains various provisions Remanding as to remanding or bailing defendants before or during the hearing of a case, on account of variances between the information and the evidence,-on his apprehension before the time of hearing and complainant not in &c! Summonses to witnesses. Hearing of information. attendance, and on adjournments (11 & 12 Vict. c. 43, ss. 3, 9, 13, 16). Any justice may issue a summons to any person to appear to give evidence on the hearing of the information, who is liable to a penalty of 51. for nonattendance, or refusing to be examined (1 & 2 Will. 4, c. 32, s. 40, post, p. 99). See 11 & 12 Vict. c. 43, s. 7, and forms, Oke's "Synopsis," 7th ed. p. 124-128. The justices hearing the information must be of the county, or other jurisdiction where the offence was committed, but need not be the same who received the information. The number necessary to convict is shown in the section of the act creating the offence, but a metropolitan police magistrate, the lord mayor or an alderman of London, and a stipendiary magistrate, may act alone (11 & 12 Vict. c. 43, ss. 33, 34; 21 & 22 Vict. c. 73, s. 1). The hearing must be in open court, and either party may have counsel or attorney (11 & 12 Vict. c. 43, s. 12), and in default of defendant's appearance, it may be ex parte, on proof of due service of summons (1 & 2 Will. 4. c. 32, s. 41; 11 & 12 Vict. c. 43, s. 13). The informer is a competent witness for himself or the defendant, but not so the defendant in any case of summary conviction, it being a criminal proceeding (14 & 15 Vict. c. 99, s. 3; Cattell v. Ireson, 27 L. J. (N. S.) M. C. 167; 31 Law T. 80; 22 J. P. 672; Oke's "Synopsis," 7th ed. p. 61). Matters of defence or exception must be proved by the defendant (1 & 2 Will. 4, c. 32, s. 42, post, p. 101). A claim of right ousts the justices' jurisdiction to determine an information (see cases, note 3, ante, p. 60). On dismissal of an information costs may be ordered to be paid by the informer to the defendant (11 & 12 Vict. c. 43, ss. 14, 18). The defendant cannot be convicted of any other offence than the precise one for which he is summoned to answer (Martin v. Pridgeon, 28 L. J. (N. S.) M. C. 179; 33 Law T. 119; 23 J. P. 630). The better opinion is that each de- Penalties. fendant, where there are several joining in the offence, is liable to the full penalty (see observations under s. 23, ante, p. 70). Cumulative imprisonment may be ordered if a defendant is convicted at the same time of two or more offences (11 & 12 Vict. c. 43, s. 25). Costs may be ordered in all cases against the defendant (Id. s. 18). tion. 1 & 2 Will. 4, c. 32, s. 39 (post, p. 100), provides a The convicform of conviction, which, by s. 43, is to be returned to the sessions; but the form I 2 in the 11 & 12 Vict. c. 43, is now the correct one to be used (Reg. v. Hyde, 21 L. J. (N. S.) M. C. 94; 16 J. P. 67; overruling Ex parte Hyde, 15 Jur. 803). See the latter form, post, p. 106. It should include all the defendants convicted at the same time of the same offence. be conviction. 1 & 2 Will. 4, c. 32, s. 38 (post, p. 101), provides Enforcing the that time may be allowed by the convicting justices to the defendant for payment of the penalty and costs, and that in default of payment the defendant may committed to prison by the warrant of any justice of the same jurisdiction, for not exceeding two calendar months, where the penalty only is under 5l., and for not exceeding three calendar months in other cases; and in all cases the costs of the defendant's conveyance to prison may be ordered to be paid by him (11 & 12 Vict. c. 43, s. 23). of penalties. One moiety of all penalties is to go to the informer, Application and the other moiety to the overseer, &c., of the parish, &c., in which the offence was committed (1 & 2 Will. 4, c. 32, s. 37; 5 & 6 Will. 4, c. 20, s. 21, post, pp. 102, 103); and it is the duty of the clerk to the convicting justices to receive and apply the penalties accordingly (11 & 12 Vict. c. 43, s. 31; and see 22 Vict. c. 32, in note 7, post, p. 102). |