Magisterial Synopsis," or with any other Book o,“
Practice on the subjects.
6. That by having the General Blank Forms or Outlines
in Jervis's Acts printed with proper spaces for varia-
tions to suit particular exigencies, the requirements of
Statutes, and the local additions, and marks to distin-
guish one class of Forms from another, Magistrates
and Magistrates' Clerks will be enabled so to vary
such General Forms according to the directions to be
given in such Collection as to suit the circumstances
of almost every case, without having recourse to the
expensive mode of purchasing printed Special Blank
Forms under each title or for each subject.
Acting upon these very cogent reasons, and to remedy the inconvenience alluded to, I took upon myself the task of compiling the present Collection (numbering nearly 1800 Precedents*), adapting and remodelling the Forms in the several Books of Practice, and those obtained from other sources, to the General Outlines or Forms in Jervis's Acts in all cases where that could be accomplished,-making numerous additions and variations necessary in the variety of matters within the cognizance of Justices of the Peace out of Quarter Sessions, -drawing others not before published in any shape,-and arranging the whole in the Three like practical Divisions or Classes of the subjects as in the Second Edition of the "Synopsis," subdivided into convenient Chapters; and in doing which I have used infinite care and pains, being fully aware of the responsibility attaching to the use of a Form; but in my labours I received great assistance and encouragement from Forms and Communications sent me by the following acting Magistrates and Clerks, and many valuable suggestions from others, to whom I take this opportunity of tendering respectfully my thanks:-H. B. Bence, Esq., Thorington Hall, Saxmundham; Thomas J. Arnold, Esq., one of the Magistrates of the Police Court, Worship Street; Mr. T. Coombs, jun., Dorches ter; Mr. W. Craven, Halifax; Mr. Wigley, Aberayron; and
972 in Part I. (Summary Convictions and Orders); 401 in Part II. (Indictable Offences); and 418 in Part III. (Other Proceedings out of Sessions).
Mr. H. L. Penprase, Assistant Clerk to the Justices of Truro. I am also under some obligation to the following works and publications from which a large portion of the Forms has been collected and adapted, viz.:-Burn's Justice, 28th and 29th edit.; Archbold's J. P. 4th edit. (1846); Arch. Cr. Ev. & Pl. by Jervis; J. Stone's Petty Sessions, by Westoby; S. Stone's Hand-book of Informations, 2nd ed.; Bench Formulist (1846); Shelford on Highways (1845); Justice of the Peace; Law Times; Robinson's Formularies; Toone's Magistrate's Manual, 4th ed.; and other smaller works on distinct statutes, as well as to a few of the blank Forms published by Messrs. Shaw and Sons, Fetter Lane; and I have generally, throughout the following pages, referred in the Forms given to the Books of Practice as well as to my "Synopsis," it being no part of the present work to supersede the necessity of referring to such books for further information; but where no such reference is given to a work or other authority, the Forms have been either entirely remodelled and adapted to those in approved use, in the manner before mentioned, or have not before been published. In the two Chapters of General Forms (Chap. I. of Parts I. and II.), there is a large number of original useful Forms not given in Jervis's Acts, and which appear for the first time in this Collection; and the greater part of those in Chap. II. of Part II. formed a portion of an Appendix of Forms to a MS. "Analysis of Indictable Offences," prepared by me in the year 1846 for publication, but abandoned. At the conclusion I have added a few "Miscellaneous Forms," not strictly belonging to either of the three classes into which the work is divided, but some of them having appeared in other magisterial books, it has been deemed necessary to insert them to render the work complete.
As to the size and bulk of the present work, I have endeavoured to compress it within moderate limits, but at the same time to make it complete, as well as practical in the arrangement of the several parts composing each of the various Precedents; and I have not deemed it necessary, in giving numerous Special Forms, to swell the work by setting them out or repeating them at full length each time they
In conclusion, I would refer the reader to the "Introduction"
which precedes the Forms.
1. ON THE PROVISIONS IN JERVIS'S ACTS AS TO FORMS, p. 2-11.
What 11 & 12 Vict. c. 43 (Summary Convictions and Orders)
applies to, 2; exception clause, 3; what 11 & 12 Vict. c. 42
(Indictable Offences) applies to, 4; special provisions applicable
to the forms as to the place of justices exercising jurisdiction, 4, 5;
backing of warrants, 6; relative to indictable offences only, 6, 7
when convictions and orders in Jervis's Act, c. 43, to be used, 7 ;
other forms, 9; provisions as to objections to forms, 8; effect of
variances between information and evidence in summary convic-
tions, 8; information or complaint recommended to be in writing
in all cases, 9; the protection of justices in the use of forms, 9-
11; general provisions as to form of action, notice, &c. 9, 10; par-
ticular provisions applicable to the acts of justices, 11.
2. ON THE ARRANGEMENT OF THIS COLLECTION OF PRECEDENTS,
pp. 12, 13.
Arranged in three parts, 12; the necessary variations made in the
forms throughout, 13; forms in matters within the exception
clause of 11 & 12 Vict. c. 43..13.
3. THE MANNER OF USING THE FORMS, AND THE PROVISIONS OF
JERVIS'S ACTS THEREON, p. 14-22.
First, as to summary convictions, p. 14-18; Secondly, as to
indictable offences, p. 18-20; points in preparing other forms
not given, 20-22.
or complainant, 23; description of justices, 23, 24; 2. Deposition
on charge or complaint substantiated on a warrant being granted
on disobedience to a summons, 24; 3. Information at the suit of
an informer, 25; 4. Information for a second offence, 25; 5. In-
formation for a third offence, 25; 6. Information against an aider
or abetter, with or without the principle, 26; 7. Information
against a counsellor or procurer, 26.
SECT. 2. THE PROCESS TO ISSUE TO DEFENDANTS, pp. 26, 27.
8. Summons to the defendant upon an information or complaint, 26;
9. Deposition of the constable or other person of the service
of the summons, 26; 10. Warrant where the summons is dis-
obeyed, 26; 11. Warrant in the first instance, 27; 11 a. Indorse-
ment in backing a warrant, 27.
SECT. 3.-REMANDING DEFENDANT, AND TAKING BAIL, p. 28-30.
12. Warrant of committal for safe custody during an adjournment
of the hearing, 28; 13. Recognizance for the appearance of the
defendant where the case is adjourned or not at once proceeded
with, 28; 14. Notice of such recognizance to be given to the
defendant and his surety, 29; 15. Certificate of nonappearance to
be indorsed on the defendant's recognizance, 29; 16. Warrant to
remand a defendant when apprehended, 29; 17. Notice to the
complainant or informant of defendant's apprehension, and of day
of hearing, 29.
SECT. 4.-OF COMPELLING WITNESSES' ATTENDANCE, &c. p. 30-33.
18. Deposition that a person is a material witness, 30; 19. Summons
of a witness, 30; 20. Deposition of constable, or other person, of
service of the last summons, 30; 21. Warrant where a witness has
not obeyed a summons, 31; 22. Warrant for a witness in the first
instance, 31; 23. Commitment of a witness for refusing to be
sworn or to give evidence, 31; 24. Information to ground a sum-
mons or warrant against a witness not attending to give evidence
(where the particular statute imposes a penalty for such neglect)
in order to convict him, 32; 25. Conviction thereon, where the
statutes require it, 32; 26. Commitment thereon, 32; 27. The
like information as No. 24, ante, for refusing to be examined on
oath or affirmation, 33; 28. Conviction thereon, 33; 29. Commit-
ment thereon, 33.
SECT. 5. THE HEARING AND ADJUDICATION, &c. p. 33–45.
30. Minutes of proceedings at the hearing with adjudication, 33;
31. Order of dismissal of an information or complaint, 34;
32. Certificate of dismissal, 34; 33. Minute of order of dismissal
for service, 35; 34. Warrant of distress for costs upon an order
for dismissal of an information or complaint, 35; 35. Indorsement
in backing a warrant of distress, 36; 36. Constable's return to a
warrant of distress, 36; 37. Warrant of commitment for want of
distress in the last case, 37; 38. Warrant of commitment of com-
plainant for costs, immediate on confession of no goods, &c 37;
39. Conviction for a penalty to be levied by distress, and in
default of sufficient distress, imprisonment, 38; 40. Conviction
for a penalty, and, in default of payment, imprisonment, 39;
41. Conviction when the punishment is by imprisonment, 39;
42. General conviction, embodying the three last, 39–41, appli-
cable for a draft where necessary, and to several offenders, and
numerous variations, 40, 41; 43. Conviction on the view of a justice,
42; 44. Order for payment of money to be levied by distress, and,
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