Page.

STATEMENTS (vide DEPOSITIONS.)

SOLICITOR GENERAL:—

depositions, &c., to be transmitted to Solicitor General by
Justice..

when required so to do by Attorney General.

Solicitor General subject to duties and liabilities upon Cer-
tiorari being directed

shall deliver documents to proper officer when directed by
presiding Judge..

SUMMARY CONVICTIONS (vide SUPREME COURT):
powers given to Supreme Court in respect of Summary con-
victions

and in cases of Certiorari
persons aggrieved by summary convictions or orders of Justices
to apply within twenty days after to Supreme Court for rule
to restrain proceedings.

or as Judges may determine

also, at Port Phillip, if one hundred miles from Melbourne
copies of convictions, &c., to be given to all parties interested..
on payment of fees

not to exceed 4d. per folio

if residence one hundred miles or upwards from Sydney, within
thirty days

9

9

11

11

.4, 11

.4, 11

SUPREME COURT.

Attorney General, Solicitor General, or officer prosecuting, to

deliver documents to proper officer

after opening of Court

when directed by presiding Judge.

the same with Crown Prosecutor, Port Phillip

Judges may fix rate per folio for copies of depositions, &c.

when Court of Queen's Bench mentioned in recited Acts,
Supreme Court to be taken to be indicated.

6

.6, 7, 11

where venue is required to be laid in the county where cause of
action arose, lay as the venue the appropriate circuit town..
when actions cannot be brought against Justices
no persons brought up on Habeas Corpus can be discharged
from custody from defect or error in warrant of commitment..
until notice be given of application for discharge
and transmission to Court or Judge of conviction or order of
commitment with depositions and informations, &c...

or certified copies thereof

7

7

7,8

8

amendment of warrant of commitment

persons aggrieved by summary convictions, &c., to apply within
twenty days after for rule to restrain proceedings.

if residence one hundred miles from Sydney, thirty days
also at Port Phillip, if one hundred miles from Melbourne.
rule returnable in term.

SUPREME COURT, continued:-

Court may direct writ to be issued

Page.

10

and act as circumstances require

no rule granted except on affidavit

affidavits to shew prima facie case of mistake or error on part
of Justice

10

10

10

amendment of conviction or order.

costs at discretion of Court...

10

11

if commenced, stayed by order of Court

and to direct by and to whom and when payable

no action maintainable against the committing Justice.

costs to be paid by plaintiff....

11

11

11

and taxed as between attorney and client

11

where depositions may be read in evidence at trial

12

VENUE (vide SUPREME COURT);-

powers of Supreme Court and venue in actions..
WARRANTS :-

warrants to be indorsed, have the same validity and acted on
as provided by first of recited Acts

4

INDEX TO IMPERIAL ACTS,

CAPS. 42, 43, & 44.

161

The numbers 1, 2, and 3 refer to the particular Act so numbered; and
the letter "n" added to such numbers refers to the note.

ABSOLUTE (RULE) :--

effect of, that Justices shall do a particular act, 3
costs upon, 3

147

148

ACCESSORIES (see AIDERS AND ABETTORS.)

ACCOUNT :—

to be kept by clerks of division and gaolers of moneys received
from defendants, 2

110

form of account, 2..

144

ACCUSED PARTY:-

to be at liberty to put questions to any witness produced
against him, 1

34

when examination of witnesses against, may be used on his
trial

34

right to cross-examine witnesses by himself, or his counsel or
attorney, 1

34

when his statement may be given in evidence against him, 1..
admissions or confessions by, 1

35

35

to be cautioned before he makes a statement before the
Justices, 1

35

when he may be remanded, and for how long, 1

39

may be dmitted to bail pending adjournment, 1

39

when he may be admitted to bail, 1

43, 46

how to be dealt with if the evidence does or does not raise a
strong presumption of guilt, 1

to pay the costs of his being conveyed to gaol if able
to do so, 1

entitled to a copy of the depositions on payment, 1

48

49

47

against a Justice, when it must be case, when it need not be, 3. 145,146
not to be brought until after conviction quashed, 3
against which Justice, where one makes the conviction, and

146

another grants a warrant, 3.

146,147

no action to lie against a Justice for issuing a warrant of
distress irregularly, 3

147

no action against a Justice for the manner in which he has
exercised a discretion, 3

147

no action to be brought against a Justice for issuing a warrant
of conviction, confirmed on appeal, 3

147

no action for anything done in obedience to a rule of
Court, 3

147,148

if action improperly brought, it may be set aside, 3.
limitation of action against Justices, 3.

148

148

when Justices can object to being sued in the County

when Justices may adjourn hearing, if party misled by form
of summons, or warrant, or variance, 1

of hearing, when a variance between the summons and
evidence, 2

when Justices to adjourn hearing, if any material variance
between warrant and evidence, 2

81,82

for what time, 2, n

commitment of defendant upon an adjournment, 2

of hearing, when and for what cause, 2

on the ground of a variance between the information and the
evidence, 2....

commitment of defendant pending adjournment, 2

form of warrant, 2..

commitment of defendant pending, 2

115

of hearing, when, 2

96

96

how, if the defendant does not appear upon adjournment, 2.

97

88,89

87

92

ADMIRALTY :-

when warrant to issue for offence within the jurisdiction of

the Admiralty, 1

form of warrant,

ADMISSION (OF GUILT) :-

caution as to, by Justices, 1

of the truth of information by defendant, effect of, 2

AFFIRMATION. (See OATH OR AFFIRMATION.)

Page.

18

56

35

93

AGENT:-

complaint or information may be made by Agent, 2.

89

AIDERS AND ABETTORS :—

punishment of, 2

.....

84

ALDERMEN OF LONDON :-

may do alone any act as a Justice of the Peace, 1, 2 ........50, 110

after appeal, if decided for respondents, warrants of distress
or commitment may issue, 2

if party does not appear to a summons, a warrant may issue, 1
proceeding if he appears, 1...

16

34

failure of appearance on an adjournment, 1, 2

.40,82,88,97

appearance or default of defendant, 2

91

how Justices to act if defendant appears and complainant
does not, 2

92

(See EXPARTE.)

APPLICATION :-

to Queen's Bench for a rule to compel Justices to do an act, 3.

147

APPREHENSION. (See WARRANT.)