-in counties. nothing herein contained shall extend to any penalties or forfeitures recovered under any act relating to the customs, excise and post office, or to trade or navigation [see Seamen's Hospital Society v. Mayor, &c. of Liverpool, 18 L. J. (N. S.) Exch. 371], or any branch of his Majesty's revenue. The 22 & 23 Vict. c. 32, s. 8, is a precisely similar enactment as 3 & 4 Vict. c. 88, s. 10, infra, as to boroughs, where a police force is established under 5 & 6 Will. 4, c. 76; and sect. 14 provides for the payment of a moiety of the fines under 18 & 19 Vict. c. 118, when the offence is in a borough, also towards the borough superannuation fund; but there is no provision in any act for a like application of fines under the 11 & 12 Vict. c. 49, as by 13 & 14 Vict. c. 87.8 66 As respects the application of a portion of the penalties for offences in counties, by the 3 & 4 Vict. c. 88, s. 10, which relates to the superannuation fund to be provided for county and district constables, it is provided, "that there shall be "deducted from the pay of every constable belonging to the police force established in any county under the 2 & 3 Vict. c. 93, 9 a sum after such yearly rate as the justices of the "county in general or quarter sessions assembled shall direct, "not being a greater sum than £2: 10s. in a hundred pounds, "which sum so deducted, and also the monies accruing from stoppages from any of the said constables during sickness, "and fines imposed on any of the said constables for misconduct, "—and from any portion of the fines imposed by any justice of "the peace upon drunken persons,- -or for assaults upon police "constables,—and from moieties of fines and penalties awarded stables' super- "to informers (being police constables) on summary convictions, 10 —as shall be directed by such justice to be paid for the benefit of this fund." By 13 & 14 Vict. c. 87, s. 1, after reciting, that by the 3 & 4 Vict. c. 88, "the monies accruing from any "portion of the fines imposed by any justice of the peace A portion of certain fines to be applied towards con annuation fund. 8 General Enactment required.]—There should be some general enactment to meet all cases where any borough or county constable is the informer, providing either for a portion of it being paid towards the fund for his superannuation, or to the borough or county stock, and prohibiting such constables receiving penalties to their own use. 9 The 2 & 3 Vict. c. 93; 3 & 4 Vict. c. 88, and the 19 & 20 Vict. c. 69, are to be construed as one act; but not so the 22 & 23 Vict. c. 32. 10 This would appear to give power to the justices to order portions of penalties to be paid to the superannuation fund in cases where there is no appropriation of penalties by the particular act, and also in cases where a penalty or a portion of it is specifically given to an informer. See also Note 11, infra. upon drunken persons, or for assaults upon police con"stables, and from moieties of fines and penalties awarded to "informers, being police constables, on summary convictions, "as shall be directed by such justice to be paid for the benefit "of that fund, should, with other monies therein mentioned, "be invested, so as to form a superannuation fund;" and reciting 11 & 12 Vict. c. 43, s. 31, p. 73; and that 11 & 12 Vict. c. 49 [title "Alehouses"] contains no direction for the payment of the penalties thereunder, it is enacted, that a moiety of any penalty imposed on summary conviction under the said last-recited act [11 & 12 Vict. c. 49] may be directed, by the justice imposing the penalty, to be paid for the benefit of the superannuation fund hereinbefore mentioned, and shall be invested and otherwise dealt with accordingly. 11 See also 22 & 23 Vict. c. 32, s. 14, as to penalties under 18 & 19 Vict. c. 118. The portions directed under the above enactments will be paid by the justices' clerk to the county treasurer, with the other penalties and sums mentioned in 11 & 12 Vict. c. 43, s. 31, ante, p. 241; and the portion not so directed will be payable according to the direction of the particular statute. By the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), sect. 39, sub-sect. 5, it is enacted that— (5.) "All forfeitures not pecuniary which are incurred in respect of an offence triable by a court of summary jurisdiction, or which may be enforced by a court of summary jurisdiction, may be sold or disposed of in such manner as the court having cognizance of the case or any other court of summary jurisdiction for the same county, borough, or place may direct, and the proceeds of such sale shall be applied in the like manner as if the proceeds were a fine imposed under the act on which the proceeding for the forfeiture is founded." 11 Fines for Drunkenness.]—It was at one time submitted that, notwithstanding the 3 & 4 Vict. c. 88, s. 10, the fines upon drunken persons must still be paid to the churchwardens, pursuant to the 21 Jac. 1, c. 7, the justices having no authority under this section to interfere with them; but an opinion was afterwards expressed by the Attorney and Solicitor General (Sir Richard Bethell and Sir Henry Keating), "that the stat. 3 & 4 Vict. c. 88, read in conjunction with the stat. 13 & 14 Vict. c. 87, empowers a justice, who chooses to give any portion of a fine imposed for drunkenness to the police superannuation fund, to apply a moiety only of it to that purpose." The conviction for drunkenness will embrace a conviction for the offence of drunken and riotous or indecent conduct under the Towns Police Act, 1847, s. 29 (Offence No. 10, tit. "Police of Towns," Chap. II. post), and under sect. 40 of the Refreshment Houses Act, 23 Vict. c. 27. t 42 & 43 Vict. c. 49, s. 39. 42 & 43 Vict.' c. 49, s. 47. Application leviable by distress or 2. Definitions, Saving Clauses and Construction. Before quitting the subject of summary convictions it will be proper to refer to the various clauses of "The Summary Jurisdiction Act, 1879," which provide definitions, &c. as follows: 47. "The provisions of this act with respect to a sum adjudged of act to sums to be paid by an order, shall apply, so far as circumstances admit, to a sum in respect of which a court of summary jurisdiction can payable under issue a warrant of distress without an information or complaint order. under the Summary Jurisdiction Act, 1848, in like manner as if the said sum were a civil debt; and the provisions of this act with respect to the hearing, trying, determining, and adjudging of a case by a court of summary jurisdiction when sitting in open court shall apply to the hearing, trying, determining, and adjudging by a court of summary jurisdiction of an application for the issue of any such warrant. As to clerk of court of summary jurisdiction. Sect. 48. "The provisions of this act with respect to the period of imprisonment to be imposed in respect of the nonpayment of a sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum, shall apply to the period of imprisonment to be imposed in respect of the nonpayment of any sum of money adjudged to be paid by an order of a court of summary jurisdiction or in respect of the default of a sufficient distress to satisfy any such sum, where such sum is not a civil debt nor enforceable as a civil debt. 48. "Anything required by this act to be done by to or before a clerk of a court of summary jurisdiction shall be done by to or before the salaried clerk to a petty sessional division under section five of the Justices Clerks Act, 1877, and where there is more than one such clerk, by either of such clerks or by such of those clerks as a court of summary jurisdiction for such division from time to time direct; and if any other person acts as the clerk to a court of summary jurisdiction acting in and for such division, such person, subject to any rules made under this act, shall be deemed for the purposes of this act to have acted as the deputy of such salaried clerk, and shall make a return to the said salaried clerk of all matters done by such court and of all matters which the clerk of the court is required to enter in a register or otherwise to record: "Provided that nothing in this section shall apply where the court of summary jurisdiction is a court to whose clerk section five of the Justices Clerks Act, 1877, does not apply; that is to say, the justices of a borough, or a metropolitan police court, or any stipendiary or other magistrate the salary of whose clerk is regulated under any act of parliament, other than the Justices Clerks Act, 42 & 43 Vict. 1877, and the principal act therein mentioned. 49. "In this act, if not inconsistent with the context, the following expressions have the meanings hereinafter respectively assigned to them; that is to say, c. 49. Special definitions for pur poses of the act. "The expression 'secretary of state' means one of her Majesty's Sect. 49. principal secretaries of state: "The expression 'child' means a person who in the opinion of the court before whom he is brought is under the age of twelve years: "The expression 'young person' means a person who in the opinion of the court before whom he is brought is of the age of twelve years and under the age of sixteen years: "The expression 'adult' means a person who in the opinion of the court before whom he is brought is of the age of sixteen years or upwards: "The expression 'person' includes a child, young person, and adult, and also includes a body corporate: "The expression 'guardian,' in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in which a child is concerned, has for the time being the charge of or control over such child: "The expression 'prescribed' means prescribed or provided by any act which relates to any offences, penalties, fines, costs, sums of money, orders, proceedings, or matters, to the punishment, recovery, making, or conduct of which the Summary Jurisdiction Acts expressly or impliedly apply or may be applied: "The expression 'past act' means any act passed before the commencement of this act, exclusive of this act: "The expression 'future act' means any act passed after the commencement of this act: "The expression 'fine' includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction: "The expression county' includes any county, riding, division, parts, or liberty of a county having a separate court of quarter sessions: "The expression 'borough' means a borough subject to the provisions of the Municipal Corporations Act, 1835, and the acts amending the same: "The expression 'local rate' means as respects any county borough or place, any county rate, borough rate, or other local rate out of which the costs of the prosecution of any felony committed within such county, borough or place are payable: 42 & 43 Vict. c. 49. General de finitions applicable to this and future acts. Sect. 50. Application "The expressions 'sum adjudged to be paid by a conviction' and 'sum adjudged to be paid by an order' respectively include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order. "General Definitions. 50. "In this act and any future act, if not inconsistent with the context, the following expressions shall have the meanings hereinafter respectively assigned to them; that is to say, "The expression 'The Summary Jurisdiction Act, 1848,' shall mean the act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter fortythree, intituled 'An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders': "The expression 'The Summary Jurisdiction Acts' and the expression 'The Summary Jurisdiction (English) Acts' shall respectively mean the Summary Jurisdiction Act, 1848, and this act and any act, past or future, amending the Summary Jurisdiction Act, 1848, or this act: "The expression court of summary jurisdiction' shall mean- "In any future act, if not inconsistent with the context- "The expression 'occasional court-house' shall mean such "Application of Acts. 51. "The following regulations shall be made for the purpose of of Summary facilitating the application of the Summary Jurisdiction Acts to any Acts to future future act; that is to say, Jurisdiction acts. Sect. 51. (1.) "Where in any future act, any offence is directed or autho rized to be prosecuted summarily or on summary conviction, or any fine is directed or authorized to be recovered summarily or on summary conviction, or any other words are used implying that such offence is to be prosecuted or fine is to be recovered in manner provided by the Summary Jurisdiction Acts, the Summary Jurisdiction Acts shall apply accordingly; and |