The remedy

the fees.

them by the parish. 100 The attorney and solicitor generals (Sirs Roundell Palmer and R. P. Collier) gave an opinion in November, 1865, to the police committee of the justices of Cumberland, that all expenses necessarily incurred by county police constables in the due and legal discharge of their duty, for which no other provision is made by law, and which cannot be recovered from defendants, are "extraordinary expenses," for which reasonable allowances are authorized and directed to be made out of the police rate by 2 & 3 Vict. c. 93, s. 18.

The liability of the party to pay the fees being now estafor recovering blished, it is clear that justices' clerks may enforce the payment, when necessary, by the ordinary methods (per Erle, J., in Wray v. Chapman, ante, p. 122, note 98); the method applicable being by summons from the county court of the district where the defendant resides, or wherein the cause of action (the work done for which the fees are due) arose, 101 the justices having no power to enforce the payment from the party liable to the justices' clerk, although this power is assumed in the 14 & 15 Vict. c. 55, s. 12, ante, p. 122, or to order that the clerk shall not receive his usual fees.

Collection of Fines and Fees by means of Stamps. "The Local Stamp Act, 1869," 32 & 33 Vict. c. 49, passed on the 2nd August, 1869, enables the local authorities to collect fines and fees by means of stamps. The provisions are 32 & 33 Vict. as follow:

Fines and fees collected by means of stamps.

c. 49.

Power to

collect fees and penalties by stamps. Sect. 4.

:

Sect. 4. "Whenever all the clerks of special and petty sessions and all the clerks of the justices of the peace within the jurisdiction of any local authority 102 are paid in the whole or partly by salaries, by virtue of any order made under the act of the session of the fourteenth and fifteenth years of the reign

100 18 Geo. 3, c. 19, s. 4; R. v. Chelmsford, 12 L. J. (N. S.) M. C. 139; 3 Gale & D. 357; Wray v. Chapman, Note 98, ante, p. 122. 101 9 & 10 Vict. c. 95, s. 60; 13 & 14 Vict. c. 61, s. 1. 102 Definition of "Local Authority."]-By s. 3, "For the purposes of this act local authority' shall mean in any county, parts, liberty, or division of a county having a separate commission of the peace, the justices in general or quarter sessions assembled;-in any borough subject to the jurisdiction of a council or other governing body, the council or other governing body for the borough."

of her present Majesty, chapter fifty-five, 103 it shall be lawful for any such local authority, if they think fit,-notice having been given at a previous meeting of the local authority of such purpose, to order that, from and after a day to be named in such order, all or any of the fees, fines, and penalties payable to the treasurer of the county, parts, liberty, division, or borough respectively within the jurisdiction of such local authority, or to any person on account of such treasurer, shall be received by such treasurer or such person as aforesaid by means of stamps denoting the sums payable, and not in money, and to cause such dies to be made as may be required for the purpose of carrying into effect this act;-subject nevertheless to such rules as may from time to time be made and published by such local authority, with the approval of one of her Majesty's principal secretaries of state, and with the assent, so far as relates to the pattern, colour, and form of stamps and dies, and the making and impressing of the same, of the commissioners of inland revenue;-and it shall be lawful for any such local authority from time to time, with the like notice, to revoke, vary, or renew any such order, the like approval and assent being first obtained for any such variation or renewal." Sect. 5. Any document to or on which a stamp or stamps Unstamped ought to be affixed or impressed under this act, or under rule for the time being in force under this act within the jurisdiction of any local authority, shall not be of any validity unless the proper stamp or stamps has or have been affixed or impressed, or unless a certificate has been signed thereon by a justice of the peace acting in the matter to the effect that he has excused or postponed the affixing or impressment of the proper stamp or stamps, in which case the document shall be of the same validity as if the proper stamp or stamps had been duly affixed or impressed :-provided that if any such document is, through mistake or inadvertence, received, lodged, recorded or used without being properly stamped, it shall be competent for the court or judge before whom the cause or proceeding depends to which such document relates to order that the same be stamped as in such order may be directed;and on every such document being stamped accordingly, the same, and every proceeding relative thereto, shall be as valid as if such document had been properly stamped in the first instance."

any

document not to be valid.

Sect. 5.

Sect. 6. "The local authority may, by order under the hands of Authority to any two of their number, authorize any persons to sell or dis- sell stamps. tribute stamps for the purpose of this act upon such terms and Sect. 6.

103 See 14 & 15 Vict. c. 55, ante, pp. 120-122.

32 & 33 Vict. c. 49.

Penalty.

Expenses of

act.

Sect. 7.

subject to such conditions as such local authority may direct, and may from time to time revoke any authority so granted. If any person not authorized as aforesaid sells or distributes any such stamps as are authorized to be used for the purpose of this act, he shall upon summary conviction be liable to a penalty not exceeding five pounds."-[Sect. 8 of the act provides for the punishment of forgery and frauds in regard to stamps by indictment. See title "Stamps (Local)" in Vol. II. Chap. II. of Part II. of this work.]

Sect. 7. "All expenses which may be incurred by any local authority in or about the preparing or making of dies or stamps, or in or about the carrying into execution of any of the powers given them by this act, shall be defrayed out of and be a charge upon the county or borough rate respectively of such local authority."

PART I.

SUMMARY CONVICTIONS AND ORDERS.

CHAP. I.-THE LAW AND PRACTICE OF PROCEDURE IN

GENERAL.

II. THE SYNOPSIS OF OFFENCES, &c.

III.-THE SYNOPSIS OF OFFENCES CONNECTED WITH THE

REVENUE.

CHAPTER I.

THE LAW AND PRACTICE OF PROCEDURE IN GENERAL.

THE law and practice of procedure before justices of the peace Preliminary out of quarter sessions, with respect to summary convictions observations. and orders, 1 are governed and regulated principally by Jervis's Act (11 & 12 Vict. c. 43), the Summary Jurisdiction 11 & 12 Vict. Act, 1879 (42 & 43 Vict. c. 49), and otherwise by provisions in the several acts of parliament giving cognizance of the offences or matters of complaint. The first act repealed the previous acts on the subject, 2 and its provisions are now

1 Distinction between a Conviction and an Order.]-The practical distinction between a 66 summary conviction" and an "order for the payment of money or otherwise" is this:-the former is the record of an affirmative adjudication upon an information for an offence or act punishable either by a penalty or imprisonment; the latter is (now) also the record of a like determination upon a complaint for non-payment of a sum of money, or for the neglect to do some other act. This distinction, it will be seen at p. 128, is made by sect. 1 of 11 & 12 Vict. c. 43, and is preserved throughout that act. It practically contains a definition of a “ summary conviction" and an "order" of justices when used in other acts, and will furnish a test as to which is the proper proceeding under such acts where the language is ambiguous or doubtful.

2 Acts repealed by 11 & 12 Viet. c. 43.]-By 11 & 12 Vict. c. 43, s. 36, the following statutes and parts of statutes were repealed from the 2nd day of October, 1848, viz.-whole statutes, 3 Geo. 4, c. 23, and 5 Geo. 4, e. 18; so much of statutes 18 Eliz. c. 5, s. 1, as relates to exhibiting an

c. 43.

c. 43.

11 & 12 Vict. generally referred to and incorporated in penal statutes in which justices' proceedings form a part; and the second act repeals wholly or in part several other acts. 3

66

The preamble of the 11 & 12 Vict. c. 43, recites, that "it “would conduce much to the improvement of the administra"tion of justice within England and Wales, so far as respects summary convictions and orders to be made by her Majesty's "justices of the peace therein, if the several statutes and parts "of statutes relating to the duties of such justices, in respect "of such summary convictions and orders, were consolidated, "with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined What 11 & 12" by such positive enactment;" and the statute applies, with Vict. c. 43, some exceptions hereafter noticed, to "all cases where an information shall be laid before one or more of her Majesty's 'justices of the peace for any county, riding, division, liberty, city, borough or place within England or Wales, that any 'person has committed, or is suspected to have committed, any offence or act within the jurisdiction of such justice or jus"tices 4 for which he is liable by law, upon a summary con"viction for the same before a justice or justices of the peace,

applies to.

Sect. 5.

66

information, and pursuing the same in person and not by an attorney or deputy; 31 Eliz. c. 5, s. 5, as relates to the time limited for exhibiting an information for a forfeiture upon any penal statute; 27 Geo. 2, c. 20, ss. 1, 2, as relates to distresses by warrants; 18 Geo. 3, c. 19, ss. 1, 2, 3, 5, as relates to costs on complaints before justices; 33 Geo. 3, c. 55, s. 3, as relates to the execution of distress warrants; 6 & 7 Will. 4, c. 114, s. 2, as relates to the right of persons accused in cases of summary convictions, to make their defence and to have all witnesses examined and cross-examined by counsel or attorney; and all other act or acts or parts of acts which are inconsistent with the provisions of this act, save and except so much of the said several acts as repeal any other act or parts of acts, and also except as to proceedings now pending to which the same or any of them are applicable.

3 The schedule to this act (which see) repeals wholly or in part the 10 & 11 Vict. c. 82; 11 & 12 Vict. c. 43; 13 & 14 Vict. c. 37: 18 & 19 Vict. c. 126; 27 & 28 Vict. c. 80; 27 & 28 Vict. c. 110; 28 & 29 Vict. c. 127; 31 & 32 Vict. c. 116; 34 & 35 Vict. c. 78.

4 Justices having Jurisdiction.]-Jurisdiction is given,-(1) in some cases to the justices where the offender resides; (2) in others, where the offence is committed, or where the offender may be at the time of laying the information or of conviction; (3) in others, the justices to hear and determine a case are not mentioned. With respect to the first, as the summary jurisdiction is created only by statute and not given by the common law (as shown in Note 5, ante, p. 16), the justices indicated have alone jurisdiction ;-in the two other cases, the justices where the offence is committed have jurisdiction (11 & 12 Vict. c. 43, ss. 1, 12); but in the second case concurrently with the justices where the offender may be.