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The commitment should be to the Supreme, Criminal
Court, Circuit Court, or Quarter Sessions, according
to the nature of the charge
Of the binding over Prosecutors and Witnesses by Re-
cognizances..
Page.
xxxiii
XXXV
Mode of taking Recognizance.
xxxvi
Prosecutor and Witnesses may be committed if they re-
fuse to be bound over
xxxvii
Form of Recognizances
Where Witnesses are minors, or married women
xxxviii
Recognizances, Depositions, &c., to be transmitted to the
Court in which trial is to be had
Accused entitled to a copy of the Depositions
Regulation for conveying the prisoner to Gaol
Of the apprehension of a person in one place for an offence
committed in another
Of admitting persons charged with Felony and certain
Misdemeanors to bail
Notice of Recognizance of bail to be taken.
Recognizance to be forwarded to the proper Officer
Warrant of deliverance to be sent where a person is
admitted to bail after commitment
xliv
xlv
xly
Of demanding excessive bail, or refusing it where ad-
mitted by law
Of conspiring to persuade the Justices to refuse the bail
when sufficient
xlvi
Lord Denman, C. J., on refusing bail where sufficient
sureties were produced, Reg. v. Badger and another..
Sir Alfred Stephen, C. J., of New South Wales, on the granting of bail by the Supreme Court.
Of taking bail improperly
Of the power of the sureties
Irregular conduct of a London Magistrate (Mr. Combe,)
in insisting upon a Roman Catholic witness making
the sign of the Cross upon being placed in the witness
box
Mr. Fox brings the case before the House of Commons
Sir George Grey expresses the disapproval of the Go-
vernment at the practice, which is ordered to be
abandoned
Irregularity on the part of certain Magistrates of this
Colony in transmitting Depositions to the Supreme
Criminal Court
liv
Sir Alfred Stephen, C. J., severely comments on this irregularity.
ly
The Marquis Beccaria on the efficacy of a speedy admin-
istration of the law
lvi
II. OF THE JUDICIAL DUTIES OF JUSTICES OF THE
PEACE. (11 & 12 Vict., c. 42.)
General Observations as to the summary proceedings
before Magistrates in their judicial capacity
lviii
When Justices act judicially they must sit in open Court
Mode of commencing proceedings..
lix
What the Complaint or Information should set forth
The words of the statute should be followed
lx
Need not be in writing in all cases
How Complaint or Information should be made or laid.
Need not be on oath in all cases.
Within what time information should be laid..
Interpretation of "month" and "day"
lxv
By whom complaint or information should be laid
lxvi
When summary proceedings may be taken against a
defendant not present
How to be laid when informer entitled to a portion of the
penalty
lxvii
Married women and infants may be convicted and
punished..
Several defendants charged with a joint offence must be
separately convicted and separately fined
One offence only to be included in an information..
Quantity or value when to be specified in the informa-
tion
How to describe the property of partners, districts, parish roads, public commissioners, &c.
lxx
Defendant's appearance effected by summons or warrant
Summons should be issued where the informer is en..
lxxi
titled to half the penalty...
Summons or warrant may be issued where information
is laid upon oath
lxxii
If summons not obeyed, warrant or proceedings ex parte
Of the issue of warrant in first instance
No objection to be taken to summons for defect in sub-
stance or form
lxxv
Of the defendant's non-appearance and the return of the
summons..
lxxvi
No summons or process of any kind to be signed in
blank
Mode of service of summons generally..
lxxvii
lxxviii
Of requiring proof of service of summons
Warrant may be issued in case of disobedience to the
summons.
Summons should be served a reasonable time before the
hearing
lxxix
Of the cases where warrant should be issued in first in- stance
lxxx
Party arrested should be brought before Justice imme- diately.
In what cases persons may be apprehended without war-
rant
lxxxi
Search-warrant may be issued under the "Petty Lar-
cenies Act"
lxxxii
Care should be taken in issuing and executing search-
warrant
lxxxiii
When witnesses should be summoned.
lxxxiv
No express power to summon witnesses before passing
of the Act 11 & 12 Vict., c. 43
Present mode of summoning witnesses in all cases of
summary proceedings
lxxxv
If witness neglect or refuse to appear when summoned
warrant may be issued..
Warrant may, in certain cases, be issued in the first in-
stance, to compel witness to attend
Clerk should prepare an outline of the proceedings
The Governor, in this Colony, empowered to appoint,
and to cancel the appointment of, any place at which
Petty Sessions shall be holden
lxxxvii
Complainant and Defendant may be assisted by Counsel
or Attorney, in all cases of summary conviction..
Complainant and Defendant to attend at time appointed,
and if defendant do not appear, the case may be heard
ex parte
Constable to be examined on oath as to service of sum-
mons, and as to it having been served a sufficient time
before the hearing..
After proof of service of summons the ex parte hearing
may proceed, as if the defendant were present
In the event of doubt as to service of summons, the
hearing should be adjourned
If warrant be issued, the case to be adjourned, until de-
fendant is apprehended
XC
Hearing may be adjourned in case of variance between
the warrant issued, and the evidence adduced on the
part of the complainant
When hearing is so adjourned, defendant may be either
committed or discharged on recognizance, with or
without sureties..
xci
If complainant does not appear at the hearing, case to be
dismissed or adjourned
Case may be adjourned before or at the hearing
Case should be adjourned if defendant shows good
grounds
xcii
Where adjournment ought not to be allowed..
Terms of adjournment to be entered on minutes
Where compromises may be recommended
Where compromises may not be permitted.
xciii
Peace-making, a peculiar office of a Justice of the Peace
Substance of the information to be stated to the defen-
dant.
Defendant to be called upon to shew cause why he should
not be convicted
xciv
If defendant plead guilty, the Bench may at once proceed
to adjudicate without going into evidence
If defendant admits the charge, but pleads justification,
or the like, he must do it by evidence.
XCV
When the information negatives any exemption, proviso,
or condition in the statute, the prosecutor need not
prove it
If the defendant does not admit the charge, the prose-
cutor to make his statement
Evidence must be taken in writing
xcvi
Original proceedings to be preserved by clerk
Of the examination when complainant has no profes-
sional assistance
When a party may call a witness to contradict his own
former witness
xcvii
Extent of evidence to be heard
xcviii
When a confession may be used as evidence
Evidence of accomplice admissible in certain cases
Prosecutor's witnesses may be cross-examined by de-
defendant, and re-examined by prosecutor...
When case for prosecution closed, defendant may ad-
dress the Court
xcix
Defendant's witnesses may be cross-examined by pro-
secutor and re-examined by defendant...
When prosecutor may call witnesses in reply..
Information to be dismissed where justification for is
proved....
Of the operation of a bona fide claim of right
C
Decision of the Court of Queen's Bench on this point ..
Defendant must prove the affirmation of any matter of
defence
Prosecutor not to reply, but Justice to adjudicate when
the evidence is closed
Of the adjournment or mediation at this stage of pro-
ceedings
Defendant entitled to benefit of any doubt
Mr. Baron Alderson on the usual but improper mode of
referring to the existence of a doubt..
ci
cii
Amount of penalty to be accurately ascertained
Decision to be pronounced in open court.
ciii
Of allowing reasonable time for payment of penalty; or
forthwith imprisoning defendant
Minute of the adjudication to be made.
Information to be dismissed if case not proved, and cer-
tificate of dismissal to be given to defendant
Effect of certificate of dismissal for assault
Form of certificate of dismissal for assault
Ground of dismissal to be clearly set out in certificate..
Acquittal and dismissal of complaint the same in sub-
civ
CV
су
stance
Of the proper time for drawing up the formal record of
conviction
Of the forms of conviction provided by the Act of 11 &
12 Vict. c. 43...
Conviction to set out particulars of offence.
cvi
cviii
cix
When several things are stolen &c., the conviction
should state the number as proved
Decision of the Court of Queen's Bench as to certain
doubts entertained in regard to s. s. 7 & 8 of "Mali-
cious Injuries to Property Act".
and costs...
One offence only to be stated in conviction.
Convictions and orders to state the amount of penalty
When warrant of distress may be issued..
cxii
Justices may commit defendant until the return is made
to the warrant
cxiii
Warrant may be backed
Requisites of warrant of distress
On the return of nulla bona warrant of commitment to
be issued if authorized by statute
cxiv
If statute does not authorise commitment, Justices may
nevertheless, in certain cases, commit