(2) Deposition on charge or complaint substantiated (u). (3) Information information or complaint must be made, last past, to wit], on the day Taken [and sworn] before me the day J.S. and year first above-written. For special description of justices of two adjoining counties, &c., when acting for a detached part of another county, of a stipendiary magistrate, a metropolitan police magistrate, and of a divisional petty sessions, and other variations, vide "Oke's Magisterial Formulist," pp. 23, 24. [Indorse on the back, or place at the foot of the information, the following:] "The matter of the within [or above'] information [or 'complaint'] was on this — day of 1850, substantiated before me, the above [within] mentioned justice [or me, 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 above [within] named C. D. [or 'L. M., of the parish of D., in the said county of S., farmer.'] Before me, J. S. Be it remembered, that on this C. D. [or L. M."] day of A.D. 1850, at the suit of an to wit. C. D., of the parish of C., in the county of C. [labourer], in his informer. proper person cometh before me the undersigned, one of her Majesty's justices of the peace in and for the said county of C., and 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. [labourer], within the space of now last past, to wit, on the day of at the parish of C. aforesaid, did [here set out the offence in the manner described in either of the statements applicable in "Oke's Magisterial Formulist,"] 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. hath 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. (4) Information for a second offence. C. D. Vide Form 2, supra, where warrant granted in the first instance. [Proceed with offence complained of, as No. 1 to the conclusion, and then add:] And also that he the said A. B., beretofore 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 (u) This is added if a warrant be granted at the outset, or afterwards on disobedience of a summons (11 & 12 Vict. c. 43, s. 10); but it would not be required if the information or complaint was originally taken upon oath, according to the provisions of the statute giving cognizance of the offence or matter. 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.] • [Proceed as in No. 4, adding thereto at the end the first offence com- (5) Information milled, the last offence complained of then standing first in the information.] for a third [Proceed with offence against the principal as in No. 1 or 3 to the conclusion, and then add:] And that F. G., of &c., was then and there present, ["wilfully," or as the statute may be,] aiding and abetting the said A. B. to do and commit the said offence, contrary to the form of the statute in such case made and provided. offence. (6) Information against an aider or abettor, with or without the principal. [Proceed with offence against the principal as in No. 1 or 3 to the con- (7) The like, clusion, and then add:] And that F. G., of &c., before the said offence was against a councommitted as aforesaid, to wit, on the day of aforesaid, at the parish of [aforesaid], did ["wilfully," or as the statute may be] counsel and procure the said A. B. to do and commit the said offence, contrary &c. sellor or procurer. Here is meant a complaint upon which a justice is or shall (2) As to Combe authorized by law to make any order for the payment of plaints (♥). money or otherwise (ss. 1, 8, 10 of 11 & 12 Vict. c. 43), and these words "or otherwise" seem to apply to cases where the order is for the doing of some other act than paying money, on disobedience of which imprisonment follows (see s. 24, post, p. 116). What has before been said in regard to informations, as to the time of making the complaint,-by whom to be made,when to be on oath,-will equally apply to complaints, except, as no warrant in the first instance can be granted on a complaint, that part as to the oath will be inapplicable. Sect. 8 expressly enacts, that it shall not be necessary that Need not be in such complaint shall be in writing, unless it shall be required writing. to be so by some particular act of parliament (w), upon which such complaint shall be framed; but nevertheless it would be advisable to have every complaint in writing. The same particularity as to the facts is required as on an Statement of information in writing; and it must contain one matter of complaint. complaint only (s. 10). It will be observed by the first section, ante, p. 52, that no No objection. objection shall be taken or allowed for any alleged defect in the (v) Vide note (j), ante, p. 49, as to the distinction between an information and a complaint. (w) This is shown, where so required, throughout the work. (1) On Informations. Summons. How served. complaint in substance or in form, or for any variance between it and the evidence; but as a complaint is recited verbatim in the order and subsequent proceedings, it is unlike an information, and as it cannot be amended, it requires more particularity in its preparation than an information now does. Section 9, ante, p. 52, does not apply to complaints. FORM. The complaint would be as No. 1, ante, p. 61. SECT. 2. THE PROCESS (a) TO ISSUE to DefendANTS. On the information being laid that any person has committed, or is suspected to have committed, any offence, the justice is to issue a summons ((A), post, 66) directed to such person (b), stating shortly the matter of such information, and requiring him to appear at a certain time and place before the same, or before such other justice or justices as shall then be there, to answer to the said information; and no objection can be taken to the summons (11 & 12 Vict. c. 43, s. 1). Every summons is to be served by a constable or other peace officer, or other person to whom the same shall be delivered, upon the defendant, by delivering the same to him personally, or by leaving the same with some person for him at his last or most usual place of abode (s. 1). The summons, it appears, may be served by any person to whom the same is delivered by the justice (i. e. the informant or complainant in most cases), or by any constable or peace officer. Where after-passed statutes regulate the service it must be complied with, the provisions of this statute extending only to past acts as well as to acts hereafter to be passed containing no provision to the contrary. It may be served anywhere, and does not require backing like a warrant. (a) The statute does not operate as a repeal of provisions in many statutes (3 Geo. 4, c. 126; 5 Geo. 4, c. 83; 7 & 8 Geo. 4, cc. 29 and 30; 9 Geo. 4, c. 69, s. 2; 5 & 6 Will. 4, c. 50, ss. 78, 79; 13 & 14 Vict. c. 92, s. 13; 3 & 4 Vict. c. 50, s. 12; 3 & 4 Vict. c. 97, s. 13; 8 Vict. c. 20, s. 104; 8 & 9 Vict. c. 47, s. 5) authorizing the apprehension of offenders in the commission of the offence, or unknown offenders;- -or where a conviction may be made on view. (19 Geo. 2, c. 21, s. 2; 3 Geo. 4, c. 126, s. 132; 5 Geo. 4, c. 83, s. 3; 5 & 6 Will. 4, c. 50, s. 78). (b) This summons should be signed in duplicate. Formerly the summons was not directed to the defendant except where the information was at the suit of an informer; and when directed to the constable a copy was sufficient to be served. If the person summoned do not appear at the time and place Warrant if not appointed, and it shall be made to appear to the justice or obeyed. justices then present on oath or affirmation that such summons was so served what shall be deemed by such justice or justices to be a reasonable time before the time appointed (c), then such justice or justices, if he or they think fit, upon oath or affirmation being made before him or them, substantiating (d) the matter of such information to his or their satisfaction, to issue his or their warrant ((B), post, 67), to apprehend the defendant; the first instance. what form. Or, upon the information being laid, and substantiated upon A warrant in oath (d), a justice may issue in the first instant a warrant ((C), 67) for apprehending the defendant (s. 2); or, it will be seen, post, p. 79, that if the summons have been duly served the justice may proceed to hear the case ex parte. Sect 3 enacts" that every such warrant to apprehend a de- Warrant, in "fendant, that he may answer to any such information or com"plaint as aforesaid, shall be under the hand and seal or hands "and seals of the justice or justices issuing the same, and may "be directed either to any constable or other person by name, "or generally to the constable of the parish or other district "within which the same is to be executed, without naming "him, or to such constable and all other constables within the county or other district within which the justice or justices "issuing such warrant hath or have jurisdiction, or generally "to all the constables within such last mentioned county or "district; and it shall state shortly the matter of the informa❝tion or complaint on which it is founded, and shall name or "otherwise describe the person against whom it has been is"sued." be exe warrant executed. The warrant is not returnable at any particular time, but Where and how remains in force until it shall be executed; and may cuted by apprehending the defendant at any place within the county, riding, division, liberty, city, borough, or place within which the justice issuing the same shall have jurisdiction (e); (c) The justices must determine what is a reasonable time of service, having regard to the extent and magnitude of the charge the defendant has to answer :his appearance waives any irregularity in the service. (R. v. Johnson, Str. 261; R. v. Stone, 1 East, 649; 1 Arch. J. P. 363.) Vide Deposition of Constable, (A a), post, 66. (d) The substantiation of the charge would be as form No. 2, ante, p. 62. (e) A warrant, therefore, granted by a justice of two or more adjoining counties, or for a detached part of another county, will not require backing, but may be executed in either, or in a city, &c. within the county; but, of course, F No objection thereto. Backing war rants. or, in case of fresh pursuit, at any place in the next adjoining county or place within seven miles of the border of such firstmentioned county, &c. without having such warrant backed, and in other cases it may be backed (Id. s. 3). No objection to be taken or allowed to any such warrant for any alleged defect therein in substance or in form; but it will be seen, post, p. 68, that if any variance between it and the evidence adduced on the part of the informant shall appear to the justice or justices then present to have deceived or misled the defendant, they may adjourn the hearing of the case (s. 3). The provisions of 11 & 12 Vict. c. 42, relating to the backing of warrants, are, by s. 3 of the 11 & 12 Vict. c. 43, incorporated and made applicable to summary convictions and orders, and are to extend to warrants of apprehension and commitment: those provisions are set out, ante, p. 11. The form (K) (post, p. 67) is for the indorsement. (A) Summons to the defendant upon an information or complaint. (Aa) Depo sition of the constable or To A. B. of FORMS. [labourer]. Whereas information hath this day been laid [or "complaint hath this day been made"] before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that you [here state shortly the matter of the information or complaint]: These are therefore to command you, in her Majesty's name, to be and appear on at (f) o'clock in the forenoon, at before such justices of the peace for the said county as may then be there, to answer to the said information [or "complaint"], and to be further dealt with according to law. Given under my hand and seal, this in the year of our Lord at in the [county] aforesaid. day of J. S. (L. s.) (f) N. in the said county of [or " in the borough of C. within the same county"]. The deposition of J. N., constable of the parish of C., in the to wit. said [county], taken upon oath before me the undersigned, one of her Majesty's justices of the peace for the said [county] of C., at N. in other person of the same [county], this day of, 1850, who saith, that he served A. B., mentioned in the annexed [within] summons, with a duplicate thereof, on the last, personally [or "by leaving the same with N. O., at the said A. B.'s usual place of abode at N., in the county of S."] the service of the summons. (From Oke's Magis. Form. p. 26.) Before me, J. S. day of J. N. Referred to in note (b), p. 72. it must appear on the face of such warrant, that the justice has jurisdiction in such two adjoining counties or detached part &c. It is usual to address the warrant to the constable of the parish &c. in which the offence was committed. |