Court to take into conside

ration matters

3rd." Whenever any such affidavit has been filed as "aforesaid, the court shall, before making the rule absolute contained in "against the justice or justices or otherwise determining the affidavit, not-matter so as to overrule or set aside the acts or decisions of withstanding non-appear- "the justice or justices to which the application relates, take ance of coun"into consideration the matters set forth in such affidavit "notwithstanding that no counsel appear on behalf of the "said justices."

sel in sup

port.

PART I.

CHAPTER II.

THE SYNOPSIS OF OFFENCES, &c.

Within the Provisions of the 11 & 12 Vict. c. 43. (1)

Observations.

PREVIOUS to giving an Explanation of the Columns of Offences, Preliminary Statutes, Penalties, &c., in this Chapter, it is perhaps necessary to state, that the several matters of procedure,—from the laying of the Information, the Hearing and Conviction or Dismissal, to the enforcing of the Conviction or Order, and the Appeal against them,-not specifically shown in this tabular portion, or in the notes at the foot of the pages, are to be found in detail in the preceding Chapter on "The Law and Practice of Procedure in general."

EXPLANATION OF THE COLUMNS.

OFFENCE.-The offence is described in this column in the words of the Statute, with all the legal exceptions and modifications, in most cases in an abridged form;-and where two or more Offences are contained in the same section, each is disjointed and analyzed, or an italic "or" placed. For more convenient reference in the Index, and otherwise, tho Offences are numbered consecutively in each title.

STATUTE. In this column are stated the Statute and section creating the Offence or penalty, and in the other columns the sections only of such Statute are stated; and where any stage of the proceedings is regulated or modified by another Statute it is mentioned in the column to which it applies. The asterisk* placed before the Statute signifies that a form of conviction is given by it, the Statute being passed subsequently to the 11 & 12 Vict. c. 43. In the Notes at the foot referred to from this column is shown, amongst other practical points, when the Statute imposes a penalty or other punishment different to that provided by the 11 & 12 Vict. c. 43, s. 7, on witnesses not attending to give evidence, or refusing to be examined.

TIME OF LAYING INFORMATION, &c.-This column shows whether the Information is required by the particular Statute to be in writing when to be taken on oath and the time within which it must be laid after the commission of the Offence, or the time within which the conviction must take place or the penalty recovered. It may here be mentioned generally, that by 13 & 14 Vict. c. 21, s. 4, in all acts where a "month" is mentioned it means "calendar" month, unless words are added showing a lunar month to be intended. The Notes at the foot referred to from this column give the following additional particulars: where the information is required to be preferred by a particular person; where the apprehension of offenders found in the commission of Offences is authorized without warrant.

NUMBER AND WHAT JUSTICES TO CONVICT.-This column shows whether the particular Statute requires one or two justices to hear and convict,-and whether any are disqualified, or where justices of a particular locality are necessary to adjudicate upon the information. It must be always understood generally, that the justices where the offence was committed are those only who are empowered to hear and determine the case.

PENALTY, &c. AND MODE OF ENFORCING. This column contains an abridged view of the penalty or other forfeiture imposed for the Offence, and the mode of enforcing payment. Costs have not been mentioned in this column, as it will be seen ante, pp. 195, 196, that they may be ordered in every case, but they are not enforced in the same manner in all cases. The place of imprisonment, &c. is likewise omitted, as the 11 & 12 Vict. c. 43, ss. 19, 21, 23, 24, authorize it to be in all cases either in the common gaol or house of correction." Where a month is mentioned, it means a "calendar" month, unless words are added showing a lunar month to be intended (13 & 14 Vict. c. 21, s. 4).

IF APPEAL, AND TIME, &c.-This shows whether or not the Statute allows of an appeal against the conviction or order. The Notes at the foot referred to from this column contain the full section of the act giving the right of appeal, with the time and manner and conditions of appealing, &c. See ante, p. 251.

PENALTY, &C. TO WHOM PAYABLE.-This column shows how, and

to whom, and for what purpose, the penalty, damage, &c. is to be paid and applied. Where the application is special, and cannot conveniently be inserted in the column, it is shown in a Note. See ante, p. 241.

PAGE, &C. OF FORMULIST.-The references in this column to numbers and pages are to the SIXTH edition of "Oke's Magisterial Formulist," where the form of describing the Offences in the Information, Summons or Warrant, or other proceeding, is to be found, with the particular General Forms provided by the 11 & 12 Vict. c. 43, to be used for the conviction, and enforcing it, with the necessary special Variations, &c.

MEMORANDA.

Mitigation of punishment by court.

MITIGATION OF PENALTIES, AND THE DISCRETION OF
JUSTICES THEREON.

IN consulting the columns in the following pages as to the
penalty to be awarded in any given case, it must be con-
stantly borne in mind that by "The Summary Jurisdiction
Act, 1879," great discretionary powers are conferred upon
the magistracy to mitigate or alter the incidents of an im-
prisonment or a fine. These provisions, inasmuch as they
are of general application, are, to avoid constant and need-
less repetition, stated here once and for all; the punishments
stated in the columns being merely those enacted by the
statutes creating the offence, leaving it to the magistrates
themselves to apply them in conformity with the discretion
to which reference has already been made. It is hoped
therefore that any justice, and the clerk to any justice, will
commit to memory these discretionary powers, so as to be
perfectly familiar with them, with a view to their adoption
when such a course may be deemed desirable. The sections
providing for this are the 4th, 5th, 7th, and 8th, and are as
follows:-

4. "Subject as in this act mentioned, and notwithstanding any enactment to the contrary, where a court of summary jurisdiction has authority under this act, or under any other act, whether past or future, to impose imprisonment or to impose a fine for an offence punishable on summary conviction, that court may, in the case of imprisonment, impose the same without hard labour, and reduce the prescribed period thereof, or do either of such acts; and in the case of a fine, if it be imposed as in respect of a first offence, may reduce the prescribed amount thereof.

"And where in the case either of imprisonment or a fine there is prescribed a requirement for the offender to enter into his recognizance and to find sureties for keeping the peace, and observing