399 SUMMARY CONVICTIONS. I. INFORMATION-COMPLAINT. 7 WILL. IV. and 1 VIC. c. 36.] For consolidating the laws 7 WILL. IV. relative to offences against the post office. BRIT. [July 12th, 1837.] & 1 Vic. c. 36. British stat. &c. 1837. 7 Will. IV. and I Vic. c. 36, sec. 45.] Every complaint, infor- Form of mation, summons, conviction, warrant of distress, or commitment, conviction, or other such proceeding which shall be had or taken for the recovery of any postage debt or penalty under the provisions of the post office acts, may be drawn or made out according to the several forms contained in the schedule hereunto annexed, or to the effect thereof, with such changes therein as the case shall require: and every such complaint, information, summons, conviction, warrant, or other such proceeding, which shall be so drawn or made out shall be good and effectual to all intents and purposes whatsoever without stating the case or the facts or evidence in any more particular manner than is required in and by such forms respectively. FORM OF INFORMATOIN FOR THE RECOVERY OF A PENALTY A. B. of, &c. [or A. B. an officer of the post office, as the case me the said justice that E.F. of day of and informeth 7 WILL. IV. & I Vic. c. 36. British stat. 1837. of our Lord at in the said did [here state the offence] contrary to the form of the statute in such case made and provided, whereby the said E. F. hath forfeited for his said offence the sum of Taken and received by me the day £ and year first above written FORM OF COMPLAINT WHEREON TO FOUND A WARRANT OF of in the year of our Lord in the day A. B. an officer of the post office complaineth to me, E. D. Esquire one of her majesty's justices of the peace for the said that the sum of is due to her majesty [or and owing from E. F. of Taken and received by me the day and year first above written. 7 VIC. c. 25. Island Act. 1843. Forms of information tion. 7 VIC. c. 25.] For making and maintaining a railway from Kingston to Spanish Town. ISLD. [31st Dec., 1843.] 7 Vic. c. 25, sec. 117.] All justices of the peace before whom and convic- any person shall be informed against or convicted for or in respect of any offence against this act, may cause the information wherever an information shall be taken in writing or in print) and the conviction respectively to be drawn up according to the the following forms or any other forms to the same effect as the case may require: (that is to say): peare for the parish of of that (here describe the offence with the time and place), contrary to an act passed in the seventh year of the reign of her majesty Queen Victoria, intituled (here insert the title of this act) which hath imposed a forfeiture of for the said offence. 7 VIC. c. 25. Island Act. 1843. Taken the me (or us), 10 VIC. c. 29.] For the regulation of hackney carriages. ISLD. [1st April, 1847.] 10 VIC. c. 29. Island Act. 1847. Proprietors carriages to complaint against 10 Vic. c. 29, sec. 4.] When information or complaint shall be made before any justice of the peace, against the driver of any of hackney hackney carriage for any offence committed by him against any be sum of the provisions of this act, such justice shall forthwith summon moned on the proprietor of such hackney carriage personally to appear and being made to produce the driver of such hackney carriage to answer such driver. information or complaint, and if any such proprietor being duly summoned shall neglect or refuse personally to appear or to produce such driver, according to such summons, without a reasonable excuse, to be allowed by the justice or justices before whom he ought to appear according to such summons, such proprietor shall forfeit forty shillings, and so from time to time, as often as he shall be so summoned, until each driver shall be produced by him: Provided always, That if such proprietor shall Proviso. neglect, or refuse to appear and produce such driver, on the second or any subsequent summons requiring him so to do without a reasonable excuse, to be allowed as aforesaid, it shall be lawful for such justice to proceed to hear and determine the said information or complaint in the absence of the said proprietor and driver, or of either of them, and upon proof of such offence, by the oath of one or more credible witness or witnesses, to give judgment against such proprietor for the penalty incurred by reason of such offence. 13 Vic. c. 35.] To facilitate the duties of justices of the peace 13 Vic. c. 35. out of sessions within this island.(a) ÍSLD. [1st February, 1850.] 13 Vic. c. 35, sec. 6.] Such of the provisions and enactments (a) Sec. 33 of this act repeals 7 Will. IV. c. 2, 1 Vic. c. 36, 4 Vic. c. 16, 5 Vic. c. 36, "and all other acts or parts of acts inconsistent with the provisions of D D this act, save and except so much of the Island Act. 1850. 1850. of the act, 13 Vic. c.35 in the act made and passed in this present session [13 Vic. c. 24], (a) 1stand Act. whereby a justice of the peace for one parish may act for the same whilst residing or being in any other parish of which he is Provisions also a justice of the peace, as are applicable to the provisions of 13 Vic.c. 24, this act, shall be deemed to be incorporated into this act, and to extend to all acts required of or to be performed by justices of under or by virtue of this act, in as full and ample a another, to manner as if the said provisions and enactments were here repeated and made parts of this act. as to justices in que parish, &c., acting for extend to this act. Order for the payment of money in cases of complaint the peace, 8. In all cases of complaint upon which a justice or justices of the peace may make an order for the payment of money or otherwise, it shall not be necessary that such complaint shall be in writing, unless it shall be required to be so by some particular need not be act of this island upon which such complaint shall be framed. in writing. making complaint tion. When war 31. The several forms in the schedule to this act contained, or forms to the like effect, shall be deemed good and valid in the law. 10. Every complaint upon which a justice or justices of the Manner of peace is or are or shall be authorized by law to make an order, and every information for any offence or act punishable upon or informa summary conviction, unless some particular act of this island shall otherwise require, may respectively be made or laid without any oath or affirmation being made of the truth thereof, except in cases of information where the justice or justices receiving the same shall thereupon issue his or their warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the justice or justices shall issue his or their warrant in the first instance, the matter of such information shall the first in- be substantiated by the oath or affirmation of the informant or information by some witness or witnesses on his behalf before any such warrant shall be issued, and every such complaint shall be for one matter of complaint only and not for two or more matters of complaint, and every such information shall be for one offence only and not for two or more offences; and every such complaint or information may be laid or made by the complainant or informant in person or by his counsel for (or) attorney or other person authorized on that behalf. rant is issued in stance, the to be on oath. Each com plaint to embrace only one matter. Description perty of partners, &c. 4. In any information or complaint or the proceedings therein, in which it shall be necessary to state the ownership of any proof the property belonging to or in the possession of partners, joint tenants, parceners or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named, and another or others as the case may be, and whenever in any information or complaint, or the proceedings thereon it shall be necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall (a) See INDICTABLE OFFENCES. (Ante.) Island Act. Of the pro be sufficient to describe them in manner aforesaid, and whenever 13 Vic. c. 35. in any such information or complaint, or the proceedings thereon, it shall be necessary to describe the ownership of any work or 1850. building made, maintained, or repaired at the expense of any perty of parish, or of any materials for the making, altering, or repairing parishes. of the same, or of any goods provided at the expense of any parish, the same may be described as the property or goods of the churchwardens of such parish, other than Kingston when the same shall be described as the property or goods of the mayor, alderman, and commonalty of the city and parish of Kingston, and all of the promaterials and tools provided for the repair of highways, at the materials expense of any parish may be described in like manner. 29. In all cases of summary proceedings before a justice or justices of the peace out of sessions, upon any information or complaint as aforesaid, it shall be lawful for one justice to receive such information or complaint and to grant a summons or warrant thereon, and to issue his summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hearing, even in cases where by the act in that behalf such information or complaint must be heard and determined by two or more justices; and after the case shall have been so heard and determined, one justice may issue all warrants of distress or commitment thereon, and it shall not be necessary that the justice who so acts before or after such hearing shall be the justice or one of the justices by whom the said case shall be heard and determined: Provided always, That in all cases where by act it is or shall be required that any such information or complaint shall be heard and determined by two or more justices, or that a conviction or order shall be made by two or more justices, such justices must be present and acting together during the whole of the hearing and determination of the case. perty in for parish roads. 16 and 17 VIC. c. 107.] Customs' consolidation act. BRIT. [1853.] 16 & 17 VIC. c. 107. British stat. 1853. Informa victions, in schedule. 16 and 17 Vic. c. 107, sec. 269.] All informations exhibited before any justice or justices for any offence committed against tions, conor forfeiture incurred under this or any other act relating to the &c., to be customs, and all summonses, convictions, and condemnation for in form, &c., such offences and forfeitures, and all warrants of any justice or justices founded upon such convictions may be in the form or to the effect as in schedule (B.) to this act,and the form of information given in the said schedule and the counts therein contained with reference to any offences created by or punishable under the several sections of this act, to which the same or any of them relate, shall be applicable to and sufficient for all pnrposes in the |