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CHAP. XLVII.

PREVENTING OFFENCES.

[See 4 Black. Com. chap. 18; 4 Steph. Com. chap. 13.]

The means of preventing offences are by ordering a party suspected of an intention to misbehave himself to give pledges or securities for keeping the peace, or for his good behaviour.

The security, either for keeping the peace or for good behaviour, consists in being bound with one or more securities in a recognisance or obligation to the crown, and taken in some court, or by some judicial officer, whereby the parties acknowledge themselves to be indebted to the crown in the sum required (for instance, £100), with condition to be void and of none effect if the party shall appear in court on such a day, and in the mean time shall keep the peace, either generally towards the sovereign and all her liege people; or particularly also, with regard to the person who craves the security; or on condition so to keep the peace for a certain period not dependent on any appearance in court. it be for the good behaviour, then on condition that he shall demean and behave himself well, or be of good behaviour, either generally or specially, for the

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time therein limited, as for one or more years, or for life. If the condition of such recognisance be broken by any breach of the peace in the one case, or any misbehaviour in the other, the recognizance becomes forfeited or absolute, and the party and his sureties become the crown's absolute debtors for the several sums in which they are respectively bound.

Any justice of the peace may grant such security, or application may be made to the Queen's Bench or Chancery, or the Quarter Sessions, upon articles exhibited in court, and supported by the oath of the exhibitant, the truth whereof cannot be controverted.

CHAP. XLVIII.

SUMMARY CONVICTIONS.

[See 4 Black. Com. chap. 20; 4 Steph. Com. chap. 15.]

The proceedings in courts of criminal jurisdiction are of two kinds, summary and regular. Summary proceedings are the creatures of statutes, and are usually had before one or two justices of the peace, without the intervention of a jury. There are, indeed, summary proceedings before the commissioners of the excise, for frauds on the excise; but of these we shall not here speak. Another kind of summary proceeding is by attachment for contempt of court.

The instances of summary proceedings before justices are very numerous, and are such where the punishment is a fine or imprisonment. There are also instances in which the summary jurisdiction is exercised in matters not properly criminal, and which merely require orders for payment of money. The proceedings on summary convictions are now regulated by the 11 & 12 Vic. c. 43, which takes effect from the 2d of October, 1848. The act extends to England and Wales, and Berwick-on-Tweed, but not to Scotland, Ireland, or the Channel Islands, except as to backing warrants. It does not apply to any order for the removal of a pauper (p. 108);

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nor to orders respecting lunatics (p. 43); nor to informations relating to the excise or customs, stamps, taxes, or post office; nor to bastardy orders (p. 127), except as to backing warrants, &c.; nor to young children in factories.

Information and summons, &c.]—The first proceeding is an information or complaint. The information must be in writing, but the complaint whereon the order is sought need not be so, unless the particular act of parliament requires it. No oath is required in making a complaint or laying an information, except where expressly so required, and except where a warrant is to issue in the first instance. The complaint or information must be laid within six calendar months, unless otherwise expressly provided. Provisions are made (s. 4) for the description of the ownership of property, in cases of particular owners. No variance between the information and the evidence is material; but if the defendant be deceived thereby, the hearing may be adjourned, defendant being committed, or giving recognisance to appear again. After the information is laid, or complaint made, a summons issues, which must be served on the accused. If the defendant do not appear thereto, a warrant for his arrest may issue; and, indeed, where the information is laid, and the same is substantiated by oath, the justice may issue a warrant in the first instance. The warrant may be backed as provided by 11 & 12 Vic. c. 42, stated in the next chapter.

The justices and court.]—The hearing takes place before one or two justices, according as the particular statute requires; but if there be no regulation as to this, then the complaint or information "may be heard, tried, determined, and adjudged by any one

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justice of the peace for the county, riding, division, liberty, city, borough, or place where the matter of such information shall have arisen." The place where the justice sits is to be deemed an open court. There are provisions (ss. 33, 34) as to one London, metropolitan, or stipendiary magistrate acting alone. One justice alone (s. 29) may issue the summons or warrant, even where there must be two justices present at the hearing; and so, one justice may, in such case, issue warrants of distress or commitment, and though he did not hear the case.

Witnesses. The prosecutor of the information, not having any pecuniary interest in the result, and every complainant, though interested, may be witnesses. The witnesses must be sworn. By s. 6, if it be shown, on oath, that a witness will not voluntarily attend, the justice may issue a summons requiring his appearance, and if he still neglect, a warrant may issue. Indeed, if it be sworn that it is probable a witness will not attend, the justice may, in the first instance, issue a warrant for his apprehension.

Non-appearance.]-If the defendant does not appear, the justice may proceed to hear and determine the case in his absence, or may issue warrant, and adjourn the hearing till defendant is apprehended. If the defendant appear, and complainant, &c., does not, the justice may dismiss the complaint, &c., or, at his discretion, adjourn the hearing, and commit the defendant, or discharge upon recognizances.

Hearing on appearance.]-Where the defendant is present at the hearing, the substance of the information or complaint must be stated to him, and he must be asked if he have any cause to show why

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