16 and 17 VIC. c. 131.] To amend various laws relating to 16 & 17 Vic. merchant seamen.

BRIT. [August 20th, 1853.]

c. 131.

British stat.

1853.

proceedings

16 and 17 Vic. c. 131, sec. 55.] All prosecutions, complaints, summary actions, or proceedings, whether of a criminal or civil nature in Scotland. under any of the imperial acts 7, and 8 Vic. c. 112; 8 and 9 Vic. c. 116; 13 and 14 Vic. c. 93; 14 and 15 Vic. c. 96; 14 and 15 Vic. c. 79; and 14 and 15 Vic. c. 102; other than prosecutions for offences described as misdemeanors, or punishable by transportation may be brought in a summary form before the sheriff of the county or before any two justices of the peace of the county or borough where the cause of such prosecution or action arises, or where the offender or defender may be for the time.

Scotland,

how to be

56. All penalties imposed by the said acts may be sued for Penalties in and recovered, with the costs of prosecution, before the sheriff or any two justices as aforesaid, at the instance of the party to sued. whom such penalty is made payable in whole or in part, with concurrence of the procurator fiscal of court, or at the instance of the procurator fiscal of court where such penalty is not made. payable either in whole or in part to any private party.

complaint

57. All prosecutions, complaints, actions, or other proceedings Form of under the said acts may be brought either in a written or a in Scotland. printed form or partly written and partly printed; and where such proceedings are brought in a summary form it shall not be necessary in the complaint to recite or set forth the clause or clauses of the act on which such proceeding is founded, but it shall be sufficient to specify or refer to such clause or clauses, and to set forth shortly the cause of complaint or action and the remedy sought; and when such complaint or action is brought in whole or in part for the enforcement of a pecuniary debt or demand the complaint may contain a prayer for warrant to arrest upon the dependence.

justices may

60. In all proceedings under the said acts the sheriffs or Sheriff or justices of the peace shall have the same power of compelling compel attendance of witnesses and slavers as in cases falling under their attendance ordinary jurisdiction.

of witnesses and slavers.

6 WM. IV. c. 32.

II. SUMMONS-WARRANT.

6 WM. IV. c. 32.] For the more effectual protection of persons Island Act. and property.

1836.

Persons

summoned, and not

&c., justice

determine

ex parte, or to issue warrant for

sion, and upon conviction party accused to pay costs.

ISLD. [June 15, 1836.]

6 Wm. IV. c. 32, sec. 12.] For the more effectual preservation of the peace and speedy prosecution of offences, punishable upon summary conviction by virtue of this act, and that there may be no denial of justice to any person on any pretext whatsoever: Be it enacted, That where any person shall be charged, on the oath of a credible witness, whether it be verbal or writappearing, ten, before any justice of the peace, with any offence, such to hear and justice may summon the person charged to appear before any two justices of the peace, at a reasonable time and place to be named in the summons, or by a peace officer under his direction, apprehen- who shall give verbal notice of the same to such person; and if the person so summoned or notified shall not appear accordingly, then (upon proof of the due service of the summons upon such person, or verbal notice to the same effect given to him to attend) the justice may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person, and bringing him or her before them, or the justice, before whom the charge shall be made, may (if he shall so think fit) issue such warrant in the first instance without any previous summons; and the person convicted of any offence by virtue of this act shall pay the legal costs of summons and warrant which shall have been issued for his or her appearance: Provided always, and be it enacted, That the prosecution for every offence punishable on summary conviction by virtue of this act shall be commenced within three calendar months after the commission of the offence and not otherwise.

Proviso.

7 WM. IV.
& 1 VIC.
c. 36.

British stat.

1837. What shall

be deemed

a service of

summons.

7 WM. IV. and 1 VIC. c. 36.] For consolidating the laws relative to offences against the Post Office.

BRIT. [July 12, 1837.]

7 Wm. IV. and 1 Vic. c. 36, sec. 18.] A summons issued by a justice of the peace requiring a defendant or a witness, or a justice's other person, to appear before him or any other justice, with reference to an information, complaint, or other proceeding, for the recovery of any postage, postage debt, or penalty, under the Post Office acts, shall be deemed to be sufficiently served, in case either the summons or a copy thereof, be served personally upon the person as aforesaid, or be left at his usual or last

& 1 VIC. c. 36. British stat.

known place of residence, or if such person be a proprietor, 7 WM. IV. driver, conductor, or guard, of any stage carriage, if such summons or copy be left with the book-keeper, or person for the time being acting as book-keeper for such stage carriage, in any town or place from, into, or through which such carriage shall go or be driven, nearest to the place where any such offence shall be committed.

1837.

Penalty for

not serving

19. Every constable or other peace officer who shall refuse or neglect to serve a summons, or execute a warrant or order, a summons, granted, issued, or made by a justice of the peace, pursuant to the Post Office acts, shall forfeit £10.

& c.

FORM OF A SUMMONS ON AN INFORMATION UNDER THIS ACT.

County (or as

the case may be

Whereas an information hath been exhibited

of to wit. before me, C. D. esquire, one of her majesty's

justices of the peace for the

you the above named E. F. on the

at

of

charging that

day of

did [here state the substance of the charge],
whereby you have forfeited the sum of
These are
therefore to require you personally to be and appear before
me the said justice, or before such other of her majesty's jus-
tices of the peace for the said
as shall be then present
at the hour of

at

on the

day of

in

the noon of the same day, then and there to answer the
same information, and to make your defence thereto, and if
you fail to appear accordingly, such proceedings will be taken
as if you had personally appeared and had not made any de-
defence to the said charge.

Given uuder my hand and seal this

day of

FORM OF SUMMONS ON A COMPLAINT WHEREON TO FOUND A
WARRANT OF DISTRESS.

To E. F. of

County (or as the case may be)

of

Whereas complaint has been made unto C. D.
to wit. esquire, one of her majesty's justices of the peace
for the
of
that the sum of
is due
and owing from you to her majesty [or to Å. B. an officer of
the post office if the case be so] for the duty of postage, which
you
have refused or neglected to pay: These are therefore to
summon you to be and appear at
in the said
at the hour of

on the

day of

in the

noon of the same day before me the said justice, or before such other of her majesty's justices of the peace for the

7 WILL. IV.

& 1 VIC. c. 36.

British stat.

1837.

said
as shall be then present, in order that you may
show cause, if any you have, why, on due proof being made
of the sum of money due and owing from you for such duty of
postage as aforesaid, a warrant of distress should not be granted
for the recovery thereof, pursuant to the directions of the
statute in that behalf made; and if you fail to appear accord-
ingly, such proceedings will be taken as if you had appeared,
and had not shown any sufficient cause why such warrant
should not be granted.

Given under my

hand and seal this

day of

5 VIC. c. 43. Island Act.

1842.

On any

under this act, and service of summons

5 VIC. c. 43.] To enlarge the powers of justices in determining complaints between masters and servants.

ISLD. [1842.]

5 Vic. c. 43, sec. 21.] For the more effectual prosecution of complaint offenders punishable on summary conviction under this act, Be it enacted, That on any complaint made under any of the provisions of this act, on the oath of one or more credible witthe justices ness or witnesses, before any justice of the peace, the said warrant for justice may summon the party charged to appear at a time and apprehen place to be named in such summons, before any two or more

duly proved,

may issue

justices of the parish, who may be then sitting in petty sessions; and if he shall not appear accordingly, then upon proof of the due service of the summons upon such person by delivery to him personally, or by leaving the same at his usual place of abode with some adult member or inmate of his family, at least four days before the period appointed for his appearance, the said justices then sitting may either proceed to hear and determine the case ex parte, or issue their warrant for apprehending such person and bringing him before them, or any two other justices of the same parish; or the justice before whom the charge shall be made may, if he shall think fit, without any previous summons (unless where otherwise specially directed), issue such warrant, and any two justices shall proceed to hear and determine the case.

7 VIC. c. 14.

7 VIC. c. 14.] For the maintenance of good order in towns Island Act. and communities. ISLD. [1st December, 1843.]

1843.

Magistrates

7 Vic. c. 14, sec. 25.] On any information or complaint made before any magistrate on the oath of any credible witness or parties, &c. informer, it shall be lawful for the magistrate to summon the

on information may summon

Island Act.

1813.

person charged to appear before any two magistrates at a reason- 7 Vic. c. 14. able time and place to be mentioned in the summons, to answer such charge; and if such person shall not appear, the magistrates may then proceed to hear and determine the case ex parte, or may issue their warrant for the apprehension of the offender, or the magistrate may in the first instance, in his discretion, issue a warrant without any previous summons.

Island Act.

7 VIC. c. 25.] For making and maintaining a railway from 7 Vic. c. 25. Kingston to Spanish Town.

ISLD. [1843.]

1843.

proceed by

summons in recovering penalties.

7 Vic. c. 25, sec. 114.] In all cases in which by this act any Justice may penalty or forfeiture is made recoverable by information, it shall be lawful for any two justices of the peace before whom complaint shall be made for any offence committed against this act, to summon before them the party complained against, and on such summons to hear and determine the matter of such complaint, and on proof of the offence, to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to procced in the recovery of the same although no information in writing shall have been exhibited before such justices, and all such proceedings by summons without information in writing shall be as valid and effectual to all intents and purposes as if an information in writing had been exhibited.

11 Vic. c. 30.] For making a carriage road over Manning's 11 Vic c. 30. Hill.

ISLD. [28th December, 1847.]

Island Act.

1847.

may pro

summonses

penalties.

11 Vic. c. 30, sec. 53.] In all cases in which any penalty or Trustees forfeiture is recoverable before justices of the peace under this ceed by act, it shall be lawful for any justice of the peace, to whom com- in the plaint shall be made of any such offence, to summon the party recovery of complained against before any two justices, and on such summons, the said two justices may hear and determine the matter of such complaint, and on proof of the offence convict the offender and adjudge him to pay the penalty or forfeiture incurred, and proceed to recover the same although no information in writing, shall have been exhibited or taken by or before such justice; and all such proceedings by summons, without information, No informashall be good, valid, and effectual to all intents and purposes writing as if an information in writing was exhibited.

tion in

requisite.