New Statutes effecting Alterations in the Law.

393

the accused if they deem it expedient not to inflict 2. Power to justices to hear and determine. any punishment —Whereas, in order in certain One magistrate may, in certain cases, perform cases to ensure the more speedy trial of juvenile acts usually done by two. That any two or offenders, and to avoid the evils of their long more justices of the peace for any county, ridimprisonment previously to trial, it is expedi- ing, division, borough, liberty, or place in petty ent to allow of such offenders being proceeded sessions assembled, and in open court, before against in a more summary manner than is now whom any such person as aforesaid charged by law provided, and to give further power to with any offence made punishable under this bail them: Be it enacted by the Queen's most act shall be brought or appear, are hereby excellent Majesty, by and with the advice and authorised to hear and determine the case under consent of the Lords spiritual and temporal, the provisions of this act: Provided always, and Commons, in this present parliament as- that any magistrate of the police courts of the sembled, and by the authority of the same, metropolis sitting at any such police court, and That every person who shall, subsequently to any stipendiary magistrate sitting in open court, the passing of this act, be charged with having having by law the power to do acts usually recommitted or having attempted to commit, or quired to be done by two or more justices of with having been an aider, abettor, counsellor, the peace, shall and may within their respective or procurer in the commission of any offence jurisdictions hear and determine every charge which now is or hereafter shall or may be by under this act, and exercise all the powers law deemed or declared to be simple larceny, or herein contained, in like manner and as fully punishable as simple larceny, and whose age at and effectually as two or more justices of the the period of the commission or attempted com- peace in petty sessions assembled as aforesaid mission of such offence shall not, in the opinion can or may do by virtue of the provisions in of the justices before whom he or she shall be this act contained. brought or appear as herein-after mentioned, 3. Proceedings under this act a bar to further exceed the age of 14 years, shall, upon convic- proceedings. - That every person who shall tion thereof, upon his own confession or upon have obtained such certificate of dismissal as proof, before any two or more justices of the aforesaid, and every person who shall have peace for any county, riding, division, borough, | been convicted under the authority of this act, liberty, or place in petty sessions assembled, at shall be released from all further or other prothe usual place, and in open court, be com | ceedings for the same cause. mitted to the common gaol or house of correction within the jurisdiction of such justices, there to be imprisoned, with or without hard labour, for any term not exceeding three calendar months, or, in the discretion of such justices, shall forfeit and pay such sum, not exceeding 31., as the said justices shall adjudge, or, if a male, shall be once privately whipped, either instead of or in addition to such imprisonment, or imprisonment with hard labour; and the said justices shall from time to time appoint some fit and proper person, being a constable, to inflict the said punishment of whipping when so ordered to be inflicted out of prison : Provided always, that if such jus- 5. Power to one justice to remand and take tices upon the hearing of any such case shall bail.-That any justice or justices of the peace, deem the offence not to be proved, or that it is if he or they shall think fit, may remand for not expedient to inflict any punishment, they further examination or for trial, or suffer to go shall dismiss the party charged, on finding at large upon his or her finding sufficient surety surety or sureties for his future good behaviour, or sureties, any such person as aforesaid or without such sureties, and then make out charged before him or them with any such and deliver to the party charged a certificate offence as aforesaid; and every such surety under the hands of such justices stating the shall be bound by recognizance to be confact of such dismissal, and such certificate shall ditioned for the appearance of such person beand may be in the form or to the effect set fore the same or some other justice or justices forth in the schedule hereunto annexed in that of the peace for further examination, or for behalf: Provided also, that if such justices trial before two or more justices of the peace in shall be of opinion, before the person charged petty sessions assembled as aforesaid, or for shall have made his or her defence, that the trial at some superior court, as the case may charge is from any circumstance a fit subject be; and every such recognizance may be enfor prosecution by indictment, or if the person larged from time to time by any such justice or charged shall, upon being called upon to answer the charge, object to the case being summarily disposed of under the provisions of this act, such justices shall, instead of summarily adjudicating thereupon, deal with the case in all respects as if this act had not been passed.

4. Mode of compelling the appearance of persons punishable on summary conviction.— And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this act, be it enacted, That where any person whose age is alleged not to exceed 14 years shall be charged with any such offence on the oath of a credible witness before any justice of the peace, such justice may issue his summons or warrant to summon or to apprehend the person so charged to appear before any two justices of the peace in petty sessions assembled as aforesaid at a time and place to be named in such summons or warrant.

justices to such further time as he or they shall
appoint; and every such recognizance which
shall not be enlarged shall be discharged with-
out fee or reward, when the party shall have
appeared according to the condition thereof.
6. Application of fines.-That every fine im-

394

New Statutes effecting Alterations in the Law.

posed by any justice under the authority of this act shall be paid to the clerk to the convicting justices, and shall be by him paid over to the use of the general county rate, or rate in the nature of a general county rate, for the county, riding, division, borough, liberty, franchise, city, town, or place in which the offence in respect of which such fine shall be imposed may have been committed.

officer among the records of the court of general quarter sessions of the peace; and the said clerk of the peace shall transmit to one of her Majesty's principal secretaries of state a monthly return of the names, offences, and punishments mentioned in the convictions, with such other particulars as may from time to time be required.

deemed guilty under the provisions of this act it shall be lawful for the presiding justices to order restitution of the property in respect of which such offence shall have been committed to the owner thereof or his representatives, and

12. No forfeiture upon convictions under act, 7. As to the summoning and attendance of but presiding justices may order restitution of witnesses. That it shall be lawful for any jus- property. That no conviction under the autice of the peace by summons to require the at-thority of this act shall be attended with any tendance of any person as a witness upon the forfeiture, but whenever any person shall be hearing of any case before two justices, under the authority of this act, at a time and place to be named in such summons; and such justice may require and bind by recognizance all persons whom he may consider necessary to be examined touching the matter of such charge if such property shall not then be forthcoming, to attend at the time and place to be appointed by him, and then and there to give evidence upon the hearing of such charge; and in case any person so summoned or required or bound as aforesaid shall neglect or refuse to attend in pursuance of such summons or recognizance, then upon proof being first given of such person's having been duly summoned as hereinafter mentioned, or bound by recognizance as aforesaid, it shall be lawful for the justices before whom any such person ought to have attended to issue their warrant to compel his appearance as a witness.

8. Service of summons. That every summons issued under the authority of this act may be served by delivering a copy of the summons to the party, or by delivering a copy of the summons to some inmate at such party's usual place of abode, and every person so required, by any writing under the hand or hands of any justice or justices, to attend and give evidence as aforesaid, shall be deemed to have been duly summoned.

the same justices, whether they award punishment or dismiss the complaint, may inquire into and ascertain the value thereof in money, and if they think proper order payment of such sum of money to the true owner, by the person or persons convicted, either at one time or by instalments at such periods as the court may deem reasonable, and the party or parties so ordered to pay shall be liable to be sued for the same as a debt in any court in which debts may be by law recovered, with costs of suit, according to the practice of such court.

13. Recovery of penalties.-That whenever any justices of the peace shall adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this act, and such penalty shall not be forthwith paid, it shall be lawful for such justices, if they shall deem it expedient, to appoint some future day for the payment of such penalty, and to order the offender to be detained in safe custody until the day so to be appointed, unless such offender shall give security to the satisfaction of such 9. Form of conviction.-That the justices be- justices for his or her appearance on such fore whom any person shall be summarily con- day; and such justices are hereby empowered victed of any such offence as herein-before to take such security by way of recognizance mentioned may cause the conviction to be drawn or otherwise, at their discretion; and if at up in the form of words set forth in the Sche- the time so appointed such penalty shall not dule to this act annexed, or in any other form be paid, it shall be lawful for the same or of words to the same effect, which conviction any other justices of the peace by warrant shall be good and effectual to all intents and under their hands and seals, to commit the purposes. offender to the common gaol or house of cor10. No certiorari, &c.—That no such con-rection within their jurisdiction, there to reviction shall be quashed for want of form, or be removed by certiorari or otherwise into any of her Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be 14. Expenses of prosecutions, how to be paid. therein alleged that the party has been con--That the justices in petty sessions assembled victed, and there be a good and valid conviction as aforesaid, before whom any person shall be to sustain the same. prosecuted or tried for any offence cognizable under this act, are hereby authorised and empowered, at their discretion, at the request of the prosecutor or of any other person who shall appear on recognizance or summons to prosecute or give evidence against any person accused of any such offence, to order payment to the prosecutor and witnesses for the prosecution of such sums of money as to the justices

11. Convictions to be returned to the quarter sessions. That the justices of the peace before whom any person shall be convicted under the provisions of this act shall forthwith thereafter transmit the conviction and recognizances to the clerk of the peace for the county, borough, liberty, or place wherein the offence shall have been committed, there to be kept by the proper

main for any time not exceeding three calendar months, reckoned from the day of such adjudication, such imprisonment to cease on payment of the said penalty.

New Statutes effecting Alterations in the Law.

395

shall seem reasonable and sufficient to reim-which do not contribute to the payment of any burse such prosecutor and witnesses for the county rate, some of which raise a rate in the expenses they shall have severally incurred in nature of a county rate, and others have neither attending before the examining magistrate, and any such rate nor any fund applicable to in otherwise carrying on such prosecution, and similar purposes, and it is just that such also to compensate them for their trouble and liberties, franchises, cities, towns, and places loss of time therein, and to order payment to should be charged with all costs, expenses, and the constables and other peace officers for the compensations ordered by virtue of this act in apprehension and detention of any person or respect of such offences as aforesaid committed persons so charged; and although no convic- or supposed to have been committed therein tion shall actually take place, it shall be lawful respectively; be it therefore enacted, That all for the said justices to order all or any of the sums directed to be paid by virtue of this act payments aforesaid when they shall be of in respect of such offences as aforesaid comopinion that the parties or any of them have mitted or supposed to have been committed in acted bona fide; and the amount of expenses such liberties, franchises, cities, towns, and of attending before the examining magistrate, places shall be paid out of the rate in the naand the compensation for trouble and loss of ture of a county rate, or out of any fund applictime therein, and the allowances to the con- able to similar purposes, where there is such a stables and other peace officers for the appre- rate or fund, by the treasurer or other officer hension and detention of the offender, and the having the collection or disbursement of such allowances to be paid to the prosecutor, wit- rate or fund, and where there is no such rate nesses, and constables for attending at the said or fund in such liberties, franchises, cities, petty sessions, shall be ascertained by and cer- towns, or places, shall be paid out of the rate tified under the hands of the justices in such or fund for the relief of the poor of the parish petty session assembled as aforesaid: Provided or township, district or precinct therein, where always, that the amount of the costs, charges, the offence was committed or supposed to have and expenses attending any such prosecution, been committed, by the overseers or other to be allowed and paid as aforesaid, shall not officers having the collection or disbursement in any one case exceed the sum of 40s.: Pro- of such last mentioned rate or fund; and the vided also, that no expenses shall be allowed to order of court shall in every such case be diprosecutors, witnesses, and constables exceed-rected to such treasurer, overseers, or other ing the sums allowed, according to a scale of officers respectively, instead of the treasurer of -fees and allowances authorised and settled by the county, riding, or division, as the case may the justices of the peace at quarter sessions as- require. sembled, according to the statute in such case 17. Proceedings against persons acting under made and provided with respect to preliminary this act.-And for the protection of persons inquiries before justices of the peace in cases of acting in the execution of this act, be it enacted, felony. That all actions and prosecutions to be com15. Orders for payment how to be made.-menced against any person for anything done That every such order of payment to any pro- in pursuance of this act shall be laid and tried secutor or other person, after the amount in the county where the fact was committed, thereof shall have been certified by the justices as aforesaid, shall be forthwith made out and delivered by the clerk of the said petty session unto such prosecutor or other person, upon such clerk being paid for the same the sum of sixpence for every such person, and no more, and, except in cases hereinafter provided for, shall be made upon the treasurer of the county, riding, or division in which the offence shall have been committed, or shall be supposed to have been committed, who is hereby authorised and required, upon sight of every such order, forthwith to pay to the person named therein, or to any other person duly authorised to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts: Provided always, that no such order shall be valid, nor shall such treasurer pay any money thereon, unless it shall have been framed and presented in such form and under such regulations as the justices of the peace in quarter sessions assembled shall from time to time direct.

16. Payment of costs and expenses with respect to boroughs, &c.-And whereas offences cognizable under this act may be committed in liberties, franchises, cities, towns, and places

and shall be commenced within three calendar
months after the fact committed, and not other-
wise; and notice in writing of such action or
prosecution, and of the cause thereof, shall be
given to the defendant one calendar month at
least before the commencement of the action
or prosecution; and in any such action or pro-
secution the defendant may plead the general
issue, and give this act and the special matter
in evidence, at any trial to be had thereupon;
and no plaintiff shall recover in any such action
if tender of sufficient amends shall have been
made before such action brought, or if a suf-
ficient sum of money shall have been paid into
court after such action brought by or on behalf
of the defendant; and if a verdict shall pass
for the defendant, or the plaintiff shall become
nonsuit, or discontinue any such action or pro-
demurrer
secution after issue joined, or if, upon
or otherwise, judgment shall be given against
the plaintiff, the defendant shall recover his
full costs as between attorney and client, and
have the like remedy for the same as any de-
fendant hath by law in other cases; and though
a verdict shall be given for the plaintiff in such
action, the plaintiff shall not have costs against
the defendant, unless the judge before whom

396

New Statutes.-Review: Platt's Treatise on the Law of Leases,

the trial shall be shall certify his approbation may be noticed in regard to the subject of of the action and of the verdict obtained there- these volumes. upon. 1st. There is no form of 18. Extent of act. That nothing in this act ancing practice so frequently used by the deed throughout the wide range of Convey

contained shall extend to Scotland or Ireland.

SCHEDULE OF FORMS TO WHICH THIS ACT

the Lord

REFERS.

Form of Certificate of Dismissal.

WE

at

our

of her Majesty's justices to wit.of the peace for the county of [or I, a magistrate of the police court of as the case may be,] do hereby certify, That on day of in the of year in the said county of M. N. was brought before us the said justices [or me the said magistrate] charged with the following offence, (that is to say,) [here state briefly the particulars of the charge,] and that we the said justices [or I the said magistrate] thereupon dismissed the said charge. Given under our hands [or my hand] this day of

Form of Conviction.
Be it remembered, That on the

to wit. day of

in the year of

in the county of

Lord one thousand eight hundred and

at

our

[or

practitioner as a Lease. 2nd. There is no other deed so frequently drawn by the solicitor on his sole responsibility, nor any which is so rarely submitted to the revision of counsel.

It is certain, however, that the law relating to leases is not only of the greatest practical importance, but that it involves many very nice and difficult questions. Seeing the utility of a treatise on a subject so universal, it is not a little singular that the field should have remained to the present time almost unoccupied. The importance of the subject has evidently been underrated. few questions and few drafts of leases are Inasmuch as comparatively submitted to counsel, it has been inferred, probably, that the matter was comparatively insignificant. There is, indeed, an old book by Bacon on Leases and Terms for Years, with Precedents, published in 1798; one by Bailey in 1807; and an Inriding, division, liberty, city, &c., as the case in 1818. The law is also concisely treated quiry into the Nature of Leases, by Clark, may be,] A. O. is convicted before us, J. P. and of in various digests and abridgments. Q. R, two of her Majesty's justices of the peace But it remained for Mr. Platt to present for the said county [or riding, &c.,] [or me, S. T., a magistrate of the police court of as the case may be,] for that he the said A. O. did [specify the offence, and the time and place when and where the same was committed, as the case may be, but without setting forth the evidence,] and we the said J. P. and Q. R. [or I the said S. T.] adjudge the said A. O. for his said offence to be imprisoned in the [or to be imprisoned in the kept to hard labour for the space of [or we [or I] adjudge the said A. O. for his said offence to forfeit and pay state the penalty actually imposed,] and in de] [here fault of immediate payment of the said sum, to be imprisoned in the [or to be imprisoned in the and there kept to unless

and there

the profession with a full and complete treatise of the whole law and practice relating to leases, accompanied by an ample collection of precedents, and we are glad that the work has fallen into such competent hands, equally in regard to practical experience and professional learning.

In the 1st Part, the author gives the definition, and sets forth the nature of a lease.

demise; and the 3rd of the contracting The 2nd Part treats of the subjects of parties; and of their contract or agreement under the following heads :—

1. Who may be lessors.

2. Who may be lessees.

3. Of leases between particular individuals. 4. Of the contract or agreement.

The 4th Part relates to the term of the lease.

1. As to leases at will.

2. As to leases for any aliquot part of a year; for a year; or from year to year.

3. As to leases for an absolute term of years.
4. As to leases for a term of years determin-
able with a life or lives, or on any other event.
an accesssional term on an event.
5. As to leases for a term, with the grant of

6. As to leases for life or lives.
7. As to renewable leases.

Review: Platt's Treatise on the Law of Leases, with Forms and Precedents.

Part the 5th comprises the instrument of demise, its essential and formal parts.

1. Of leases by writing, parol, and deed. 2. Of the date.