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the several parts should be placed, no error will arise.
Forms not given.
Information or Complaint (n).—1. The venue, in the margin.
2. The party preferring the information or complaint.
jurisdiction as to place.
9. Jurat and reference to date at top.
9. Mandate to appear or direction to apprehend.
10. Date and place of signing and sealing.
2. Date and place of adjudicating.
tion of convicting justice.
statute or statutes.
2, 3, 4, 5, 6, 7, of complaint above, by recital only.
and proof of service of summons.
with time, and imprisonment or mode of recovery in de-
the proceeding takes place.
(n) The information or complaint, as the case may be, being the foundation of the justice's jurisdiction in summary convictions and orders, and cannot be amended, should be carefully prepared, in order to show every ingredient and requirement of the statute or statutes which give cognizance of the offence or matter ; and such information or complaint being correctly recited in the process issued or other instrument (as in the case of orders for payment of money, &c.) save much trouble and inconvenience in the preparation of the necessary subsequent forms.
Points in pre
paring other Forms not given.
Distress Warrants on Convictions.-1. Venue, in the margin.
and make return.
2. Recite the order, as 2 to 9, “ Orders," above.
3. 4, 5, 6, as last-mentioned.
2. Direction to constable and gaoler.
may be on conviction or on order to 4.
6. Date and place of signing and sealing.
SUMMARY CONVICTIONS AND ORDERS.
GENERAL FORMS OR OUTLINES.
All the Forms in this Chapter, except where otherwise stated to the contrary, are from the Schedule to Jervis's Act, 11 & 12 Vict. c. 43; the Sections placed in the margin of such Forms are where they are referred to in the body of that Statute, and the letter, &c. (as 0 1) after the description of the Form is the same as prefixed thereto in such Schedule. The works referred to also in the margin are the three editions of Jervis's Acts.
In the Forms given in the Schedule mentioned, the Venue is invariably omitted from the margin ; but it should always be inserted in magisterial proceedings.
Sect. 1.-INFORMATIONS AND COMPLAINTS.
Variation when substantiated by another Person than the 10; Archbold's,
Saunders, 2nd The information (or "complaint”) of C. D., of the parish of ed. pp. 85, 99, to wit. S in the county] of — labourer,
101 ; Oke's If preferred by an attorney or agent, say: “ by D. E., his duly authorized Synopsis, 2nd agent [or'attorney's in this behalf.”
ed. pp. 11-20. taken (upon oath, if so required] before me, the undersigned, one of her Majesty's justices of the peace, Justice of county or borough]-in and for the said [county] of C., at N., in Descriptions of the same county).
justices. Of two adjoining counties
, &c.]—of and for the counties (or “ ridings, divisions, liberties, or city, or borough”) of C. and S., being next adjoining counties (or "ridings, divisions," &c.] [or" surrounded by the said county of C.”), at N., in the said county Cor" borough,” &c.]
When acting for a detached part of another county]—of and for the county
of C., and acting for the county of S. at N., in the said county of C.,
A stipendiary magistrate)-in and for the [here insert the district or place),
being a stipendiary magistrate for the said (district, &c.], sitting in open court, and having by law the power to do acts usually required to be
done by two or more justices of the peace. A metropolitan police magistrate)-in and for the county of Middlesex, one
of the police magistrates of the metropolis, sitting at the police court, Great Marlborough Street, in the parish of St. James, Westminster,
within the metropolitan district. Of a divisional petty sessions)-in petty sessions in and for the division of
N., in the said county of C., at N., in the same division and county. this day of
in the year of our Lord one thousand eight hundred and fifty, who saith* that [he bath just cause to suspect and believe, and doth suspect and believe that] A. B., of the parish of L., in the said county of C., labourer (within the space of the time within which the information or complaint must be laid, last past, to wit], on the day of
instant, at the parish of C., in the county aforesaid, ** did [Here set out the offence, 8c. in the manner described in either of the
special forms of statements of offences applicable in Chap. II. of
this portion of the collection.]
C. D. (or “D. E."]
formation, insert here:
me, the said justice (or me the said police magistrate, sitting at the said police court as aforesaid,' or 'me the said stipendiary magistrate, sitting in open court as aforesaid'], by the oath of the [above-named C. D.] L. M., of the parish of D., in the county of S., farmer.”
C. D. (or “D. E."]
and year and at the place above men-
2. Deposition on Charge or Complaint substantiated on a
Warrant being granted on disobedience to a Sum
mons (a). (Not in Jervis's Act.) County of 7. The matter of the within information (or “ complaint"] was on this
1850, substantiated before to wit. Sme the within-mentioned justice (or "the undersigned, one of her Majesty's justices of the peace in and for the county of C.") at N., in the said county of C., by the oath of the within-named C. D., [or “L. M., of the parish of D., in the said county of S. farmer."]
C. D. (or “ L. M.") Before me, J. S.
(a) Sect. 10 of 11 & 12 Vict. c. 43. This would not be required if the information or complaint was originally taken upon oath, according to the provisions of the statutes giving cognizance of offence or matter. It may be on a separate paper, and annexed to the information or complaint; but it is more convenient to have it printed on its back.
3. Information at the Suit of an Informer. (Not in Jervis's
in C. the year of our Lord one thousand eight' hundred and to wit. fifty, C. D., of the parish of C., in the county of C. [labourer), in bis proper person cometh before me the undersigned, one of her Majesty's justices of the peace in and for the said county of C. (b), and now giveth me the said justice to understand and be informed, that one A B., of the parish of L., in the county of C.[labaurer], within the space of now last past, to wit, on the
day of the parish of C., in the county aforesaid, did, [Here set out the offence in the manner described in either of the
statements applicuble in Chap. II. of this portion of the collec
tion.] contrary to the form of the statute in such case made and provided, whereby and by force of the said statute the said A. B. bath forfeited a sum of money not exceeding pounds for the said offence (the same being his (first] offence) to be paid and applied according to law; And thereupon the said C. D. prayeth judgment in the premises and that the said A. B. may be caused to appear before the justices aforesaid to answer the said information, and make his defence thereto.
Vide the asterisks at conclusion of form 1, for a form to be in
serted here where a warrunt granted in the first instance. Exhibited (and sworn] before me the day and
C. D. J.S.
4. Information for a Second Offence (c). (Not in Jervis's
Act.) [Proceed with offence complained of as in No. 1, to the conclusion, and then add:] And also that he the said A. B. heretofore and before the commission of the said last-mentioned offence, to wit, on the
day of last, at N., in the county aforesaid, was duly convicted before [one] of her Majesty's justices of the peace in and for the said county, for that he the said A. B., on &c. at &c. [here describe the offence as in the first conviction), contrary, &c. : And that the said A. B. was thereupon adjudged for his said last-mentioned offence to be imprisoned (or as the case may be, stating correctly the terms of the former adjudication.]
5. Information for a Third Offence. (Not in Jervis's Act.)
(Proceed as in No. 4, adding thereto at the end the first offence committed, the last offence complained of then standing first in the information.]
(b) Vide other descriptions of justices in body of information, form 1, ante,
(c) Instead of averring the former conviction in the formal manner here shown, it may be open to doubt whether stating the previous conviction in general terms is not sufficient in the information, i. e. the same being his second] offence;" but an express and formal averment in the conviction must be made.