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some other condition, or to do any of such things, the court may dispense with any such requirement or any part thereof.

"And where a court of summary jurisdiction has authority under an act of parliament other than this act, whether past or future, to impose imprisonment for an offence punishable on summary conviction, and has not authority to impose a fine for that offence, that court when adjudicating on such offence may, notwithstanding, if the court think that the justice of the case will be better met by a fine than by imprisonment, impose a fine not exceeding twenty-five pounds, and not being of such an amount as will subject the offender under the provisions of this act, in default of payment of the fine, to any greater term of imprisonment than that to which he is liable under the act authorizing the said imprisonment."

5. "The period of imprisonment imposed by a court of summary Scale of imjurisdiction under this act, or under any other act, whether past prisonment for non-payor future, in respect of the nonpayment of any sum of money ment of adjudged to be paid by a conviction, or in respect of the default money. of a sufficient distress to satisfy any such sum, shall, notwithstanding any enactment to the contrary in any past act, be such period as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale; that is to say,

Where the amount of the sum or sums of

money adjudged to be paid by a convic- The said period shall
tion, as ascertained by the conviction,

"Does not exceed ten shillings

"Exceeds ten shillings but does not exceed

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And such imprisonment shall be without hard labour, except where hard labour is authorized by the act on which the conviction is founded, in which case the imprisonment may, if the court thinks the justice of the case requires it, be with hard labour, so that the term of hard labour awarded do not exceed the term authorized by the said act."

7. "A court of summary jurisdiction, by whose conviction or Payment by order any sum is adjudged to be paid, may do all or any of the following things; namely,

(1.) Allow time for the payment of the said sum; and

instalments of or security taken for payment of

(2.) Direct payment to be made of the said sum by instalments; money.

and

Provision as to costs in the

fines.

(3.) Direct that the person liable to pay the said sum shall be at liberty to give to the satisfaction of that court, or of such other court of summary jurisdiction, or such person as may be specified by that court, security with or without a surety or sureties for the payment of the said sum or of any instalment thereof, and such security may be given and enforced in manner provided by this act.

"Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.

"A court of summary jurisdiction directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time or times, and in such place or places, and to such person or persons, as may be specified by the court; and every person to whom any such sum or instalment is paid, where not the clerk of the court of summary jurisdiction, shall, as soon as may be, account for and pay over the same to that clerk."

8. "Where a fine adjudged by a conviction by a court of sumcase of small mary jurisdiction to be paid does not exceed five shillings, then, except so far as the court may think fit to expressly order otherwise, an order shall not be made for payment by the defendant to the informant of any costs; and the court shall, except so far as they think fit to expressly order otherwise, direct all fees payable or paid by the informant, to be remitted or repaid to him; the court may also order the fine or any part thereof to be paid to the informant in or towards the payment of his costs."

SYNOPSIS OF OFFENCES.

SYNOPSIS OF OFFENCES.

Statute.

ADMIRALTY.

1. Uttering false Petitions, &c. for Pay, &c.] If any person in order to sustain any claim to any pay, wages, allotment, prize money, bounty money, grant, or other allowance in the nature thereof, half pay, pension or allowance from the compassionate fund of the navy, or other money payable by the admiralty, or to any effects or money in charge of the admiralty,-or in order to procure any person to be admitted a pensioner as the widow of an officer of the navy, does any of the following things, namely,— offers or utters to any person in the service of the crown or of the admiralty any false affidavit, knowing the same to be false,

or

2. Makes or subscribes, or offers or utters as aforesaid, any false written petition, application, statement, answer, certificate or voucher, or other false writing knowing the same to be false.

3. Personation of Seamen, &c.] If any person in order to receive any pay, wages, allotment, prize money, bounty money, grant, or other allowance in the nature thereof, half pay, pension, or allowance from the compassionate fund of the navy, payable or supposed to be payable by the admiralty, or any other money so payable or supposed to be payable, or any effects or money in charge or supposed to be in charge of the admiralty, falsely and deceitfully personates any person entitled or supposed to be entitled to receive the same.

28 & 29 Vict. c. 134, s. 6.

Id. s. 8.

1 By sect. 19 of the 42 & 43 Vict. c. 49 (the Summary Jurisdiction Act, 1879), it is enacted that, "Where, in pursuance of any act, whether past or future, any person is adjudged by a conviction or order of a court of summary jurisdiction to be imprisoned without the option of a fine, either as a punishment for an offence, or save as hereinafter mentioned for failing to do, or to abstain from doing any act or thing required to be done or left undone, and such person is not otherwise authorized to appeal to a court of general or quarter sessions, and did not plead guilty or admit the truth of the information or complaint, he may, notwithstanding anything in the said act, appeal to a court of general or quarter sessions against such conviction or order: provided that this section shall not apply where the imprisonment is adjudged for failure to comply with an order for the payment of money, for the finding of sureties, for the entering into any recognizance, or for the giving of any security."

The 31st section enacts that

"(1.) The appeal shall be made to the prescribed court of general or quarter sessions, or if no court is prescribed, to the next practicable court of general or quarter sessions having jurisdiction in the county, borough or place for which the said court of summary jurisdiction acted, and holden not less than fifteen days after the day on which the decision was given upon which the conviction or order was founded; and

"(2). The appellant shall, within the prescribed time, or if no time is prescribed, within seven days after the day on which the said decision of the court was given, give notice of appeal by serving on the other party, and on the clerk of the said court of summary jurisdiction, notice in writing of his intention to appeal, and of the general grounds of such appeal; and "(3.) The appellant shall, within the prescribed time, or if no time is prescribed, within three days after the day on which he gave notice of appeal, enter into a recognizance before a court of summary jurisdiction, with or without a surety or sureties, as that court may direct, conditioned to appear at the said sessions and to try such appeal, and to abide the judgment of the court of appeal thereon, and to

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pay such costs as may be awarded by the court of appeal, or the appellant may, if the court of summary jurisdiction before whom the appellant appears to enter into a recognizance think it expedient, instead of entering into a recognizance, give such other security, by deposit of money with the clerk of the court of summary jurisdiction or otherwise, as that court deem sufficient; and "(4.) Where the appellant is in custody, the court of summary jurisdiction before whom the appellant appears to enter into a recognizance may, if the court think fit, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody; and

"(5.) The court of appeal may adjourn the hearing of the appeal, and upon the hearing thereof may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter, with the opinion of the court of appeal thereon, to a court of summary jurisdiction acting for the same county borough or place as the court by whom the conviction or order appealed against was made, or may make such other order in the matter as the court of appeal may think just, and may by such order exercise any power which the court of summary jurisdiction might have exercised, and such order shall have the same effect, and may be enforced in the same manner, as if it had been made by the court of summary jurisdiction. The court of appeal may also make such order as to costs to be paid by either party as the court may think just; and

"(6.) Whenever a decision is not confirmed by the court of appeal, the clerk of the peace shall send to the clerk of the court of summary jurisdiction from whose decision the appeal was made, for entry in his register, and also indorse on the conviction or order appealed against, a memorandum of the decision of the court of appeal, and whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall be sufficient evidence of the said decision in every case where such copy or certificate would be sufficient evidence of such conviction or order; and

"(7.) Every notice in writing required by this section to be given by an appellant

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