THE SUMMARY JURISDICTION ACT, 1879 (42 & 43 Vict. c. 49), WITH NOTES AND INDEX; TOGETHER WITH A SYNOPSIS OF OFFENCES ENACTED SINCE THE LAST EDITION OF Oke's Magisterial Synopsis, ARRANGED AS A CONVENIENT SUPPLEMENT TO THAT WORK. BY THOMAS WILLIAM SAUNDERS, ESQ., METROPOLITAN POLICE MAGISTRATE, Editor of "Oke's Magisterial Synopsis" and " Formulist." BIBLIO OCT ! 79 BODLEIANA LONDON: BUTTERWORTHS, 7, FLEET STREET, Her Majesty's Law Publishers. DUBLIN: HODGES, FOSTER & CO. EDINBURGH: T. & T. CLARK; BELL & BRADFUTE. CALCUTTA: THACKER, SPINK & CO. MELBOURNE: GEO. ROBERTSON. PREFACE. ALTHOUGH it cannot be alleged that the jurisdiction of justices of the peace as exercised at petty sessions has not worked highly beneficially for the country at large, few will deny that the improved civilization of the age requires that some modification and amendment should take place with the view of increasing its popularity and enlarging its scope of usefulness. Ever ready in his own department to promote useful reforms, Mr. Secretary Cross has recognized in this instance the desirability of introducing improvements into the jurisdiction of our magistracy; and without therefore waiting to be called into action by the public voice, he has taken the initiative, and has caused to be placed upon the statute book the valuable enactment which forms the subject of the following pages. Though not a statute of unusual length, it nevertheless embodies a considerable number of new and useful provisions, the principal of which may thus be stated: First. It confers on justices a most beneficial power to mitigate and reduce the statutory punishments of fine and imprisonment, by enabling them to exercise a discretion far beyond what they have hitherto enjoyed (s. 4). Second. It removes from the category of criminal punishments the recovery of sums of money directed to be paid under an order of justices, and makes those sums recoverable only by civil process before justices (ss. 6, 35). Third. It enables the justices to allow time for the payment of sums under convictions or orders, or to permit such sums to be paid by instalments, or to take security for payment (s. 7). Fourth. It provides an easier and a more efficacious mode of enforcing recognizances (s. 9). Fifth. It enlarges most beneficially the summary jurisdiction over children, young persons, and, under certain circumstances, over adults (ss. 10, 11, 12, 13, 14, 16). Sixth. It greatly enlarges the power of appeal, and thus removes a blot from the proceedings before justices which has long been a blemish (s. 19). Seventh. It confers additional convenience for the sitting of courts of summary jurisdiction (s. 20). Eighth. It enacts improved provisions with reference to warrants of distress (s. 21). Ninth. It establishes a more ample system of recording the proceedings of the court (s. 22). Tenth. It enacts a more convenient method of enforcing recognizances, giving also a surety a right to be recouped as against his principal (s. 23). Eleventh. It greatly improves the practice with reference to applications for sureties to keep the peace or be of good behaviour, by allowing a defendant to controvert the charge upon the merits, and also by putting a reasonable limit to the time of imprisonment in default (s. 25). Twelfth. It empowers justices to reduce the number of sureties and the amount of recognizances (s. 26). Thirteenth. It establishes an improved procedure upon appeals (ss. 32, 33). Fourteenth. It enlarges the powers of justices to state a case for the opinion of the Superior Court under the 20 & 21 Vict. c. 43 (s. 33). |