STRANGLING.

9 G. 4. c. 31.

s. 33.

With intent to murder, fel. pun. D.

9 G. 4.

c. 31. s. 11. See Injuries to the Person, p. 89, ante.

SUMMARY CONVICTIONS.

By magistrates.

Assault, common, and injuries to the person,
punishable upon summary conviction.

Mode of proceeding by summons and warrant.
Where
any person is charged on the oath of a
credible witness before a J. P. with any
off. (a) the J. may summon the party charged
to appear before any
two Js. at the time and
place named in the summons, and if the
party shall not appear, then, (on due proof of
the service of the summons, by delivering
the same to him,) the Js. may either proceed
to hear and determine the case ex parte, or
may issue a warrant to apprehend the off.
and bring him before them, or the J. before
whom the charge shall be made, may (if he
thinks fit) issue a warrant in the first in-
stance, without a previous summons. 9 G. 4.
c. 31. s. 33.

(a) That is, any offence under the 9 Geo. 4. c. 31., the Injuries to the Person Act.

SUMMARY CONVICTION—continued. Prosecutions for any off. punishable on summary conv., must be commenced within three cal. m. after the commission of the off. Id. s. 34.

9 G 4.

c. 31.

s. 27, 28,

29.

The form of conv. is given by the stat. Id. s. 35. s.35.
No conv. can be quashed for want of form, or
removed by certiorari or otherwise, and no
warrant of comm. to be void by reason of
any defect therein, if it is alleged that the
party has been conv. and there is a good and
valid conv. to sustain the same. Id. s. 36.

Common assaults.

9 G. 4. c. 31. s. 27, 28, 29.

See Assault, p. 11, ante.

In Malicious Injuries.

Assault on seamen to prevent their working. s. 26. 9 Geo. 4. c. 31. s. 26. See Assault, p. 14,

ante.

To prevent the free passage of grain, goods, &c.

c. 30.

pun. Id. See Assault, p. 15, ante. The comm. for any offence punishable by sum- 7&8 G. 4. mary conv. under 7 & 8 Geo. 4. c. 30. must be commenced within 3 cal. m. after the offence comm. and the evidence of the party aggrieved shall be admitted in proof of the offence; also the evidence of any inhabitant of the co. &c. in which the off. shall have been comm. 7 & 8 Geo. 4. c. 30. s. 20.

166

7 & 8 G. 4. c. 30.

SUMMARY CONVICTION-continued.
Mode of Proceeding. See Malicious Injuries.
Where any person charged on the oath of a credi-
ble witness, before any J. P. with any off. pun-
ishable by summary conv. under 7 &8 Geo. 4.
c. 30. the J. may summon the party charged, to
appear before him, and if he shall not appear,
then (on proof of the service of the summons,
by delivering the same personally to him, or
by leaving it at his usual place of abode,) the
Justice may either proceed to hear and de-
termine ex parte, (a) or issue a warrant to ap-
prehend (b) and bring the party, before him
or some other J. P.; or the J. may, if he
thinks fit, without any previous summons
(unless where otherwise specially directed,)
issue such warrant, (c) and J. before whom

(a) If the party appears, though the service has been irregular, the irregularity is cured by appearance, and the J. may proceed.

(b) The power to issue a warrant, depends on the regularity of the service of the summons; if the party has been summoned, and does not appear, the J. should examine the person who served the summons upon oath, of the due service of it, and make a record of the evidence, as it should be set out in the conviction.

(a) Where the offence is fel. the J. has the power to issue a warrant to apprehend the party charged, but in case of misd. the usual course is to issue a summons, unless a power to apprehend is specially given to the J. by stat. The power of issuing a warrant in the first instance, should be exercised with discretion, and it should only be resorted to in flagrant

SUMMARY CONVICTION—continued.

the party charged shall appear or be brought, 7 & 8 G. 4. shall proceed to hear and determine the case.

7 & 8 Geo. 4. c. 30. s. 30.

Application of penalties, &c. with regard to the apropriation of all forfeitures and pen. upon summary conv. under both these stats.

c. 30.

Every sum of money which shall be forfeited for s. 32.
the amount of any injury done, such amount
to be assessed in each case by the convicting
J. and shall be paid to the party aggrieved, if
known, except where the party shall be ex-
amined in proof of the offence, and in that
case, or where the party aggrieved is un-
known, the same shall be applied in the same
manner as a pen.; and every sum imposed
as a pen., whether in add. to such amount o
otherwise, shall be paid to the overseers of
the poor, or other officer (as the J. shall
direct, of the parish or place, &c. where the
off. was comm. to be by him paid over to the
use of the general co. rate. Id. s. 32.
Where there are several offs. in the same off.
Where several persons join in the commission of

the same offence, and upon conv. each shall
be adjudged to forfeit a sum equivalent to the
amount of the injury done, then in such case

cases, or where the offender is likely to abscond, and it must be on oath of a credible witness.

7 & 8 G. 4. c. 30.

s. 33.

SUMMARY

CONVICTION-continued. no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of the offs. only, and the corresponding sum forfeited by the other offs. shall be applied in the same manner as any pen. imposed by a J. P. as before directed. (a) Id. s. 32.

Persons convicted not paying forfeitures and pe-
nalties.

In every case of such summary conv. where the
sum forfeited for the injury done, or which
shall be imposed as a pen. by the J. shall not
be paid either immediately after conv. or
or within such time as the J. shall appoint,
the convicting J. shall (unless where other-
wise specially directed,) com. the offr. to the
com. g. or h. c. to be Impr. only, or Impr.
with H. L. at his disc. not ex. 2 cal. m. where
the amount of the sum forfeited or pen. im-
posed, or of both, (as it may be,) together
with costs, shall not ex. 57. and for any term
not ex. 4 cal. m., where the amount with costs
shall not ex. 107., and for any term not ex.
6 cal.
m., in every other case; the comm. to
be determinable in each of the said cases

(a) That is, to the overseer of the poor of the parish, to be by him paid over to the use of the county rate.