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COPY OF MINUTE:-

to be served on defendant before commitment or distress for
not obeying order of Justices, 2.....

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order for constable's costs upon treasurer, &c., 1

of constable in conveying accused to and from the Justice, 1
of constable, how ascertained and paid, 1
form of order for, 1

Justices may dismiss complaint, with costs, if complainant
does not attend at the adjournment, 2

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Justices empowered to award costs to either party upon sum-
mary convictions or orders, 2..

98

amount of, and how to be recovered, 2..

98

upon dismissal of complaint or information, how recovered, 2
how to be awarded by Quarter Sessions, upon appeal, 2
upon dismissal of complaint, 2

104

106

107

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

147

as to costs in an action against Justices, 3

151

COUNSEL:-

right of, to cross-examine witnesses against the defendant, 1
quære, whether or not the accused party has a right to the
assistance of counsel when before the Magistrates, 1, n....
may make complaint, or lay information for complainant, 2..
parties at the hearing allowed to have assistance of counsel
or attorney, 2...

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detached parts of, jurisdiction of certain Justices in, 1

21

....

COUNTY COURT:-

when action against Justices not to be brought in, if Justices
object, 3

149

COURTS:-

in which Justices take examinations, not public, I

public, upon hearing cases summarily, 2..

36

90

money paid into, in actions against Justices of the Peace, 3. .149,150

CROSS-EXAMINATION:-

of witnesses in summary proceedings, 2

upon proceedings preliminary to commitment, 1

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DAMAGES :---

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what damages to be recovered when plaintiff is actually guilty
of the offence, 3..

151

DEATH:-

of a witness before trial, admissibility of deposition, 1......
DECLARATION:-

34

in action against a Justice for an act done within his juris-
diction, what to allege, 3....

145

DEFECTS:-

in information or complaint, 2

DEFENCE:-

upon summary proceedings may be by counsel or attorney, 2
DEFENDANT :—

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appearance or default of, 2

91

to be served with a copy of the minute of an order before a
warrant of commitment or distress to issue, 2..
(see ACCUSED PARTY, and the various heads of proceedings
against him.)

98

DEPOSITIONS:-

accused party entitled to a copy of, on payment, 1
(see EXAMINATIONS.)

DETENTION:-

of prisoner when in custody upon another charge, 1..

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(see SUMMONS, WARRANT.)

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

147

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when variance between complaint and evidence immaterial, 1
when variance between summons or warrant and the evidence
immaterial, 1

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variance between complaint and the evidence, 2

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as to the evidence upon the hearing, 2.

of witnesses upon the hearing, 2

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(see EXAMINATIONS.)

EXAMINATIONS :-

of witnesses how to be taken, 1...

form of, 1..

when they may be used on the trial in the absence of witness, 1

not stated to be necessary to take them in the hearing of the
accused, but should be, 1, n

room or building where taken, not an open court, 1.

how taken, if offence committed in another county, 1

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when they may be read at the trial, 1

adjournment of examination, in what cases, 1

examinations when offence committed in another county, 1 40
EXCEPTION:-

as to complaint negativing any proviso or exception, 2. . . . . .
EXECUTION :-

:-

of warrant upon a Sunday, 1

94

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** EX PARTE":-

when proceedings are to be ex parte, summons need not
issue, 2

proceedings may be ex parte if summons to appear disobeyed, 2

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76

78

42,48

42

69,73

48

how to obtain expenses, 1

obtaining goods, &c., by, discretionary with Justices to bail, 1
FEES:-

43

of Clerk of the Peace, &c., how to be settled and altered, 2.107,108
table of, to be paid to Clerks to Justices, &c., how to be made
and approved of, 2.

108

FELONY (ASSAULT WITH INTENT TO COMMIT) :-
discretionary power in Justices to admit to bail, 1

43

FILING CONVICTIONS OR ORDERS :--

convictions and orders to be filed with records of Quarter
Sessions, 2.

94

FORMS:-

may be varied to be rendered applicable to Police Courts, 1.
in Schedule or to the like effect, good and valid, 1
in schedule, valid and may be used, 2

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Information and complaint for an indictable offence, 1.
Warrant to apprehend a person charged with an
indictable offence, 1

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(C.)

Summons to a person charged with an indictable
offence, 1

(D.)

Warrant where the summons is disobeyed, 1

(E.)

Warrant to apprehend a person charged with an in-
dictable offence committed on the high seas abroad, 1

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Warrant to detain a person indicted, who is already
in custody for another offence, 1

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(L. 2.) Warrant where a witness has not obeyed a summons, 1
(L. 3.) Warrant for a witness in the first instance, 1

(L. 4.) Warrant of commitment of a witness for refusing to
be sworn or to give evidence, 1

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FORMS IN ACT (No. 1) continued :—

(M.)

Depositions of witnesses, 1

(0. 1.)

(N.) Statement of the accused, 1

Recognizance to prosecute or give evidence, 1
Condition to prosecute, 1..

Condition to prosecute and give evidence, 1
Condition to give evidence, 1

(O 2.) Notice of the said recognizance to be given to the

Page.

62

62

63

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64

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prosecutor and his witnesses, 1

64

(P. 1.) Commitment of witness for refusing to enter into the
recognizance, 1

64

(P. 2.) Subsequent order to discharge the witness, 1
(Q. 1.) Warrant remanding a prisoner, 1.

65

66

(Q. 2.) Recognizance of bail instead of remand on an ad-

journment of examination, 1
Condition, 1 ....

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(Q. 3.) Notice of such recognizance to be given to the ac-
cused and his surety, 1

(Q. 4.) Certificate of nonappearance to be indorsed on the

recognizance, 1

(R. 1.) Warrant to convey the accused before a Justice of the
county, &c., in which the offence was committed, 1
(R. 2.) Order for payment of constable's expenses, 1
(S. 1.) Recognizance of bail, 1

Condition in ordinary cases, 1

Condition, where the defendant is entitled to traverse, 1
(S. 2.) Notice of the said recognizance to be given to the
accused and his bail,

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(S. 3.) Certificate of consent to bail by the committing Jus-
tice indorsed on the commitment, 1

71

(S. 4.) The like on a separate paper, 1

71

(S. 5.) Warrant of deliverance on bail being given for a

prisoner already committed, 1

72

(T. 1.) Warrant of commitment, 1

72

(T. 2.) Gaoler's receipt to the constable for the prisoner, and
Justice's order thereon, for payment of the consta-
ble's expenses in executing the commitment, 1

73

FORMS IN ACT (No. 2.) :—

(A.)

Summons to defendant upon an information or com-
plaint, 2....

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Notice of such recognizance to be given to the
defendant and his surety, 2

where the case is adjourned, or not at once pro-
ceeded with, 2 ......

117

117

(F.)

Certificate of nonappearance to be indorsed on the
defendant's recognizance, 2

118

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