Summary Jurisdiction I

(e) Appeal: (i.) To Quarter Sessions: There is a general right of appeal against a conviction (including an order under S. I of the Probation of Offenders Act 1907) where the person aggrieved did not plead guilty (C.J. Act 1914 S. 37 [1] C.J. [Amendment] Act 1926 S. I), and against sentence after a plea of guilty (C.J. Act 1928 S. 25). There is no right of appeal against a dismissal, unless specially given by some statute. The procedure is regulated by the S.J. Act 1879 to which reference should be made to master the technicalities which are numerous.

(ii.)

To the High Court by a Case Stated on a Point of Law: Such an application may be made by either party under the S.J. Acts 1857 and 2879. A recognizance, similar to that re quired on appeal to Quarter Sessions, is necessary. Generally speaking, the parties agree upon the form of the case: failing agreement the court settles the case. The court may refuse to state a case but only on the ground of frivolity: the court of King's Bench may rescind this refusal or order a case to be stated.

(iii.) The court of King's Bench has further powers, on certain limited grounds_ to restrain the exercise of or control a refusal to exercise jurisdiction by writ of prohibition and mandamus.

(7) Civil Procedure.

(a) As before stated, justices have been authorised by many statutes to make orders for the pay ment of money or otherwise : and some of the statutes contain special provisions as to the procedure to be observed. Mention is made of those most in use. Bastardy is specially dealt with under the Bastardy Acts 1872 and 1923 and the Affiliation Orders Act 1918.

Disputes between employers and workmen or apprentices are provided for by the Employers and Workmen Act 1875.

A special code, applicable to certain differences between hus bands and wives, is contained in the S.J. (Married Women) Act 1895 as amended by the Married Women (Maintenance) Act 192o and the S.J. (Separation and Maintenance) Act 1925 and S. 5 of the Licensing Act 1902.

A limited jurisdiction in ejectment is conferred on justices by the Small Tenements Recovery Act 1838, at present qualified by a variety of Rent Restriction Acts.

In the absence of provision to the contrary in the Act con ferring jurisdiction, the procedure is governed by such parts of the S.J. Acts and rules as deal with orders and the recovery of civil debts. A summons is issued on complaint and not on in formation; and no warrant can be issued to compel attendance.

On the hearing the civil laws of evidence apply. To enforce an order for the payment of a civil debt or costs, in default of distress, a judgment summons, of which personal or substituted service is necessary, must be obtained. If on the hearing of this summons it is proved that the defendant has or had, since the date of the order, means to pay, he may be committed for any term not exceeding 6 weeks. (S.J. Act 1879 S. 35). Default in complying with an order other than for payment of money may be visited by an order to pay a sum (to be enforced as a civil debt) up to ir a day during default, not exceeding £20 in the aggregate, or for imprisonment, until compliance, for a period not exceeding two months.

(b) Appeal: There is no general right of appeal to Quarter Sessions : in Bastardy, however, either party may so appeal, and various other statutes conferring civil jurisdiction include this right. For instance the Pawnbrokers Act 1872 (on refusal of a certificate) and the Money-Lenders Act 1927. In matrimonial cases a special form of appeal lies to the High Court, Probate, Divorce and Admiralty Division.

The S.J. Acts 1857 and 1879 as to appeal by stated case apply to civil determinations in like manner as they do to criminal determinations, and the powers of the High Court as to writs of certiorari, mandamus and prohibition can also be invoked.

(8) General Observations.

The public advantage of the courts is not confined to the work done in open court. The stipen diary magistrates, in London especially, act as friendly advisers of the poor, who flock to the courts for counsel and assistance. It must be confessed, however, that occasionally the need is felt for some further provision for the defence of the needy and ignorant persons in these courts. Societies for the protection of women and children play their part, the magistrate does what he can and even has been known to instruct a solicitor for the de fence at the expense of the poor box. Yet still there is a gap to be filled. (H. W. W. Wm.) Summary jurisdiction in the United States, as in England, is the creation of statutes. The American colonists were familiar with the institution of summary jurisdiction as developed in Stuart England and adapted it to the exigencies of their new life.