Accordingly, from time to time authority has been conferred by statute on the magistrates to examine into such offences and punish the offenders. It is only in virtue of legislative enactments that they act in this capacity. In some cases the offenders are punished Punishments. merely by the infliction of a pecuniary penalty. In other cases the magistrates are empowered to punish by a penalty or imprisonment with hard labour not exceeding six months; or, if there has been a previous conviction, twelve months. And in any case where a person has been, on summary conviction, ordered to pay a penalty, on his failure to do so he may be committed to prison for a period depending on the amount of the penalty but in no case exceeding three months (c).

Instead of inflicting the punishments attached to the Power of miti gating punishparticular offences, a court of summary jurisdiction has ment. now a general power where it thinks that, though the charge is proved, the offence is in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment, either:

(a.) Without proceeding to conviction to dismiss the information; and, if the court thinks fit, to order the person charged to pay such damages, not exceeding forty shillings, and such costs of the proceeding, or either of them, as the court thinks reasonable; or (b.) upon conviction of the person charged, to discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon, or to be of good behaviour, and either without payment of damages and costs, or subject to the payment of such damages and costs, or either of them, as the court thinks reasonable.

This general power does not, however, apply to the

(c) 42 & 43 Vict. c. 49, s. 46.

Effect of the

ment.

case of an adult pleading guilty to a charge of an offence over which the court of summary jurisdiction would not have had jurisdiction but for the plea of guilty (d).

When the court deals with a case summarily and court's judg dismisses the information or convicts, the effect of such dismissal or conviction is the same as if the person charged had been acquitted or convicted respectively on indictment (e). And the conviction or certificate of dismissal is a bar to further proceedings for the same case (ƒ).

Local limita

diction.

Of course the jurisdiction of a magistrate is local, tion of juris and not personal; that is, he can exercise it only in his own county, borough, or other district. And as a general rule, the jurisdiction is further limited to offences committed within such county, borough, or district. But, by some statutes, the magistrates have jurisdiction if the offender resides or is apprehended in, or the goods are found in, the county, &c. (g).

How many justices required.

No jurisdiction where property or title in question.

In some cases one justice may act by himself, in others the statute requires the presence of more. But metropolitan police magistrates, city of London magistrates, and stipendiary magistrates have, within their jurisdiction, power in most cases to do alone whatever is authorized to be done by one or more justices (h).

The magistrates have no jurisdiction to hear and determine cases in a summary manner where property or title is in question, though, if it had not been

(d) Summary Jurisdiction Act, 42 & 43 Vict. c. 49, s. 16.

(e) Ibid. s. 27.

(f) v. p. 379.

(9) For example, 11 Geo. 2, c. 19; 17 & 18 Vict. c. 104, s. 520. As to offences committed near the boundaries of the jurisdiction of a court, v. 42 & 43 Vict. c. 49, s. 46. See also 44 & 45 Vict. c. 24.

(h) Paley, Sum. Conv. 36.

for such question, they would have had cognizance thereof.

When a person is charged with any offence (except Right of trial by jury. assault) for which he is liable on summary conviction to imprisonment for more than three months, he may, before the charge is gone into, claim to be tried by a jury; and thereupon the case will be treated as an indictable offence. Before the charge is gone into, he should be informed of his right of trial by jury, and asked if he desires such a trial. And in the case of a child similar information must be given to the child's parent or guardian, if present; and such parent or guardian has the right of claiming trial by jury (i).

We shall first notice some of the chief offences which have been made the subjects of summary proceedings, and then inquire into the nature of such proceedings.

with sum

As in some cases the limit of jurisdiction and the Offences dealt extent of punishment which can be inflicted by courts marily classiof summary jurisdiction differ according to the age of fied. the persons accused, and in some cases jurisdiction exists only when the accused is under a certain age, it will be convenient to classify offences in accordance with these distinctions, and to treat of them in the following order :

1. Offences by children.

2. Offences by young persons as distinguished from adults.

3. Offences by adults as distinguished from young

persons.

4. Common assaults.

(i) Summary Jurisdiction Act, 42 & 43 Vict. c. 49, s. 17.

Definition of children and

5. Larcenies not indictable.

6. Small wilful injuries to property.

7. Offences relating to game.

It should be observed that the first three of these classes of offences comprise indictable offences which can be dealt with summarily on admission of guilt, or by consent of the accused, or in the case of children, by consent of their parents or guardians. The remainder chiefly consist of offences which are punishable on summary conviction without the option of trial by jury.

For the purposes of the Summary Jurisdiction Act, young persons. 1879, a child is defined to be a person who in the opinion of the court before whom he is brought is under the age of twelve years. A young person is one who in the opinion of the court is over twelve and under sixteen years of age. And an adult is one who in the opinion of the court is over sixteen years of age.

Offences by children.

1. Offences by Children.

When a child is charged with any indictable offence other than homicide before a court of summary jurisdiction, such court may, if they think it expedient, and if the parent or guardian of the child on being informed of the right of trial by jury does not object, deal summarily with the offence, and inflict the same description of punishment as might have been inflicted had the case been tried on indictment; except

that no sentence of penal servitude shall be given, but imprisonment instead;

that imprisonment shall not exceed one month; fine shall not exceed forty shillings;

that whipping may be inflicted on a male child
either in addition to or in substitution for any
other punishment (k).

In no case may a child be imprisoned for more than one month, or fined more than forty shillings (1).

2. Offences by Young Persons.

When a young person is charged with any of the Offences by following indictable offences :

(a.) Simple larceny ;

(b.) Offences declared by statute to be punishable

as simple larceny;

(c.) Stealing from the person;

(d.) Larceny as a clerk or servant;

(e.) Embezzlement by a clerk or servant;

(f.) Receiving stolen goods (i.e., offences specified in 24 & 25 Vict. c. 96, ss. 91, 95);

(g.) Aiding, abetting, counselling or procuring the commission of any of the above offences;

(h.) Attempting to commit any of the above offences;

(i.) Offences with intent to endanger the safety of persons upon railways, &c., under 24 & 25 Vict. c. 100, ss. 32, 33;

(k.) Offences with intent to injure railway engines, carriages, &c., under 24 & 25 Vict. c. 97, s. 35;

(1.) Offences under the Post-Office laws;

Such young person may, if he or she consent, and the court think it expedient, be dealt with summarily, and

young persons.