ADJUDICA TION OF CASE. SUMMARY JURISDIC TION. In offence casesJustices at Petty Sessions may substitute distress for committal, and vice versa on failure of first warrant. Power to award hard labour in offence cases. Imprisonment may commence at expiration of imprisonment under previous conviction. Any compensation awarded shall be paid to party aggrieved, except in certaincases. Appropria tion of fines and penalties. Power to award costs in all cases to either party. 4. In every case of an offence where the order shall only have directed distress in default of payment of a penal sum, and it shall afterwards be found impossible to execute a warrant of distress, it shall be lawful for the Justices at Petty Sessions to order a warrant to issue to commit the person against whom such order shall have been made to gaol for such period as might have been directed by the original order; and in like manner, where the order shall have only directed imprisonment, and it shall be found impossible to execute a warrant of committal, it shall be lawful for the Justices at Petty Sessions to order a warrant to issue to levy by distress of the goods of such person such penal sum as might have been awarded by the original order; and in all such cases a note of such proceeding shall be made by the Justices in the order book: 5. In every case of an offence, where the Act shall authorize the Justices to order imprisonment, they may adjudge by their order that the said imprisonment shall be either with or without hard labour, according as they shall see fit: 6. In every case of an offence, where the person against whom 7. In every case where any sum shall be awarded under the pro- 9. In all cases the Justices may order that the defendant shall pay to the complainant, or in case of a dismissal, that the complainant shall pay to the defendant, such sum not exceeding twenty shillings, for costs, as to such Justices shall seem fit, and the same shall be recoverable in the same manner as any penal or other sum adjudged to be paid by the Justices: Aiders and Provided always, that every person who shall aid, abet, counsel, or procure the commission of any offence which is or shall be punish"Poach abettors in *This appropriation is overruled by several Acts-" Fishery," ing," "Mutiny," "Militia," &c. TION OF CASE.SUMMARY JURISDICTION. able on summary conviction, shall be liable to be proceeded against ADJUDICAand convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable, on conviction, to the same forfeiture and punishment to which such principal offender shall be by law liable (except where the age of such aider or abettor shall exceed fourteen years, in which ease he shall be liable to the same forfeiture and punishment to which any sion of ofprincipal offender whose age shall exceed fourteen years shall be fences to be liable), and may be proceeded against and convicted either in the punishable county where such principal offender may be convicted, or in that conviction as in which such offence of aiding, abetting, counselling, or procuring principals. may have been committed.* the commis on summary MENT OF ORDERS.SUMMARY TION. In offence issue on ap plication of 23. In all cases of summary jurisdiction, whenever an order shall ENFORCEbe made upon the conviction of any person for an offence, the Justice shall issue the proper warrant for its execution forthwith, when the imprisonment is to take place immediately, or at the time fixed JURISDICby the order for the imprisonment to take place where it is not to be immediate, or directly upon the non-payment of any penal sum or the non-performance of any condition at the time and in the manner cases, warfixed by the order for that purpose, or at furthest upon the next rant to issue Court day after the expiration of the time so fixed for the imprison- peremptorily ment, payment, performance of a condition, as the case may be, unless the imprisonment or penal sum shall have been remitted by the Crown or other competent authority in the interval; and whenever an order shall be made in any case of a civil nature, and the In civil cases, same shall not be obeyed, the Justice shall issue the proper warrant warrants to for its execution at any time after the time fixed for compliance with its directions, where required so to do by the person in whose party; favour such order shall have been made, or by some person on his behalf, and it shall not be necessary that the Justice by whom any such warrant shall be issued shall be the Justice or one of the Justices by whom the order shall have been made: Provided always, but no exethat in every case where the party being entitled to appeal against cution of any such order shall have duly given notice thereof, and entered order pendinto a recognizance to prosecute the same in the manner herein- appeal; after provided, it shall not be lawful for any Justice to issue any warrant to execute the said order until such appeal shall have been decided, or until the appellant shall have failed to perform the condition of such recognizance, as the case may be (except where any except in cerAct shall expressly authorize or direct the levy of any sum to be tain cases: made notwithstanding the appeal); and in any case where the or if warrant person shall be in custody, or shall have been committed to gaol, or issued, not any warrant of distress shall have been issued or executed, under to be execuany such order, the Justice by whom the warrant shall have been ted; or if issued, or any other Justice of the same county, shall, upon an ap- party to be plication being made to him in that behalf, forthwith order the discharged discharge of such person from custody or from gaol, or that such or distress to warrant of distress shall not be executed, or that if executed the be returned. distress shall be returned to the owner, as the case may be. 24. In any case of summary jurisdiction, where an order shall be made by the Justices for payment of any penal or other sum exceeding twenty shillings, or for any term of imprisonment exceeding * See title "Abettors,"-Summary Index. ing an executed, APPEALS.- one month, or for the doing of anything at a greater expense than forty shillings, or for the estreating of any recognizance to a greater amount than twenty shillings (but in no other case,) either party (whether he shall be the complainant or the defendant) in cases of In what cases a civil nature, or the party against whom the order shall have been appeals shall made in other cases, shall be entitled to appeal to the next Quarter be permitted. Sessions to be held in the same division of the county when the order Appeal only shall have been made by any Justice or Justices of any Petty Ses * An appeal is given by the Larceny Act, 24 & 25 Vic., c. 96, s. 110; and by the Malicious Injuries Act, 24 & 25 Vic., c. 97, s. 68, where the sum adjudged to be paid shall exceed five pounds, or the imprisonment shall exceed one month, or the conviction shall take place before one Justice only. The following is the section: "In all cases where the sum adjudged to be paid on any summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one month, or the conviction shall take place before one Justice only, any person who shall think himself aggrieved by any such conviction may appeal to the next Court of General or Quarter Sessions which shall be holden not less than twelve days after the day of such conviction, for the county or place wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such Sessions, and shall also either remain in custody until the Sessions, or shall enter into a recognizance, with two sufficient sureties, before a Justice of the Peace, conditioned personally to appear at the said Sessions and to try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded; or if such appeal shall be against any conviction, whereby only a penalty or sum of money shall be adjudged to be paid, shall deposit with the Clerk of the convicting Justice such a sum of money as such Justice shall deem to be sufficient to cover the sum so adjudged to be paid, together with the costs of the conviction and the costs of the appeal; and upon such notice being given, and such recognizance being entered into, or such deposit being made, the Justice before whom such recognizance shall be entered into, or such deposit shall be made, shall liberate such person if in custody; and the Court at such Sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment; and in any case where after any such deposit shall have been made as aforesaid the conviction shall be affirmed, the Court may order the sum thereby adjudged to be paid, together with the costs of the conviction and the costs of the appeal, to be paid out of the money deposited, and the residue thereof, if any, to be repaid to the party convicted; and in any case where after any such deposit the conviction shall be quashed, the Court shall order the money deposited to be repaid to the party convicted; and in every case where any conviction shall be quashed on appeal as aforesaid, the Clerk of the Peace or other proper officer shall forthwith endorse on the conviction a memorandum that the same has been quashed; and whenever any copy or certificate of such conviction shall be made, a SUMMARY sions district (or to the Recorder of any corporate or borough town APPEALS.at his next Sessions when the order shall have been made by JURISDICany Justice or Justices of such corporate or borough town, TION. (unless when any such Sessions shall commence within seven days from the date of the order, in which case the appeal may be made to to next the next succeeding Sessions of such division or town); and such Quarter Sesappeal shall be subject to the following provisions: sions of the division. 1. The appellant shall serve notice in writing of his intention to appeal upon the Clerk of Petty Sessions, within three days from Notice to be given within the date of the order against which the appeal shall be made: three days. 2. He shall also, within three days after such notice as aforesaid, enter into a recognizance, according to the form (C.), with two Recognisolvent sureties, conditioned to prosecute such appeal, and the zance to proamount of such recognizance shall be double the amount of the appeal. sum and costs ordered to be paid, where payment only is ordered, or of such reasonable amount as the Justice shall see fit, where imprisonment is ordered: secute Amount of recognizance 3. Whenever the appellant shall have given notice and entered Form of into such recognizance, there shall be delivered to him the form appeal. of appeal (H.), containing a certificate of the order against which he shall appeal (signed by the Justice who shall have made the same, or by any other Justice of the same Petty Sessions); and it shall also be therein certified by the Clerk of Petty Sessions that the said notice was duly given, and that the said recognizance was duly entered into, if the fact shall be so: 4. In every case where an appeal shall be so made, the Clerk of RecogniPetty Sessions shall transmit the recognizance entered into to zance to approsecute such appeal and all other proceedings in such case to peal to be transmitted the Clerk of the Peace of the county or to the proper officer of to Clerk of the Recorder's Court, at least seven days before the commence- Peace. ment of the Sessions to which the appeal shall be made, or as soon afterwards as may be practicable, in the same manner as is herein before provided for the transmission of informations as to indictable offences: 5. The appellant shall give notice in writing to the opposite party Appellant to of his intention to prosecute his appeal at least seven clear days give notice to opposite before the commencement of the Sessions to which the appeal party. shall be made: sions (or Re 6. Whenever an appeal shall have been so made, and such last- Court of mentioned notice shall have been duly given, it shall be lawful Quarter Sesfor the said Court of Quarter Sessions (or Recorder, as the case corder) may may be) to entertain the same, aud to confirm, vary,* or reverse decide apthe order made by the Justices (as so certified in the form of peal, and give copy of such memorandum shall be added thereto, and shall be sufficient evidence that the conviction has been quashed in every case where such copy or certificate would be sufficient evidence of such conviction." *Amendment of Orders, &c.-By the Civil Bill Act, 27 & 28 Vic., c. 99, sec. 49, If objection made on appeal on account of any omission or mistake in the making or drawing up of convictions or orders pronounced by Justices of the Peace, or any variance between the facts stated in conviction or order, and the evidence adduced in support thereof, and it should be shown to the satisfaction of the Court that sufficient grounds costs not exceeding 40s. APPEALS. SUMMARY JURISDIC TION. Clerk of Peace or pro- certify deci- or certify upon and return recognizance if appeal is not prosecuted. If order is not varied on appeal, Justice shall issue warrant for execution of the same. But where order is varied, warrant to issue for execution of order of Quarter Sessions. Costs of appeal, now recovered. Where party has been appeal), and to award to either party any sum not exceeding forty shillings for the costs of such appeal; and whenever the said Court of Appeal shall have decided any such appeal, the Clerk of the Peace or proper officer of the Recorder's Court, as the case may be, shall certify such decision at foot of the form of appeal, and return the same and the said proceedings to the Justices of the Petty Sessions at which the order shall have been made, within seven days after such appeal shall have been decided; and whenever any such appeal shall not have been duly prosecuted, the Clerk of the Peace or proper officer of the Recorder's Court, as the case may be, shall so certify upon such recognizance, and return the same to the Justices of the Petty Sessions from which the same shall have been transmitted (in the same manner and subject to the same provisions as are hereinbefore contained as to the transmission of informations for indictable offences,) within seven days after the termination of the Sessions at which such appeal ought to have been prosecuted, and which certificate shall be free from any charge: 7. And whenever it shall appear from such certificate that such appeal has not been duly prosecuted, or that the original order has been confirmed upon appeal, the Justices who shall have made the original order, or any other Justice of the same Petty Sessions, shall issue the proper warrant for the execution of the same as if no such appeal had been brought; and in every case in which it shall appear from such certificate that the Court of Appeal shall have varied the original order, the said Justices shall forthwith issue the proper warrant for the execution of the order so made by the Court of Appeal, in like manner as they might have issued a warrant for the execution of the original order in case no appeal had been prosecuted; and if upon any such appeal either party shall be ordered to pay costs, it shall be lawful for such Justice to enforce payment of the same, in like manner as any costs awarded by the original order; and in any case where any order by which any person shall be adjudged to be imprisoned shall be confirmed on appeal, such per were in proof before the Justice or Justices making such conviction or order to have authorised the drawing up thereof free from the said omission or mistake, or that such variance is in some point not material to the merits of the case, it shall be lawful for the Court to amend such conviction or order on such terms as it shall think fit, and to adjudicate thereupon as if no such omission or mistake or variance had existed. This is going as far as could reasonably be expected: defects in form and substance may be cured, and amended upon such terms as the Court shall think fit. The rule in Superior Courts is in general found to be, and has been so expressed by the most eminent Judges of the land, that the order of the Inferior Tribunal will be upheld when the facts and circumstances will at all warrant it. It will be reversed only when it is decidedly bad and cannot at all be sustained. * In appeals under the Larceny Act, and Malicious Injuries Act, these Acts provide that the Court "shall make such order therein, with or without costs to either party, as to the Court shall seem meet." |