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PROCEDURE Summary. Course delineated. JURISDICTION of APPEAL. v. III /f2.
Should always be given - + + omitted in Par. 2. 24 § 46. Excise in II Burn 28.] in Justices to Qu. Sep tho' given from 1 Limitation of Time. extat speciatim
2. To proceed on the merits. & not — The form to be
amendable - extat generatim. G.2. c. .v. Polychrista inventa.
3. Evidence fresh whether admissible or no. semble
que non. +
+ But this precludes it from the advantage of a which or no it were New Trial which might be expedient sometimes, as in case of forthcomingness of a Witness not before obtainable v. Divinity— As imparting censure the original Judge it not proper- as revisory.
Shaw Excise. 367.
4. Notice 1st to be in writting- 2d The time between that &
the proceeding viz. between that & the commencement of the Sessions.
By the Malt Act says Shaw [Excise 365] 6 days
notice & if there be not that interval then to go over to
the next Sessions — semble que it should not be
put off so long as there may be that distance between
the date of the Notice & the last day of the Sessions.
5. Whether permissible from an acquittal-?
semble que yes - on security given for double
Costs out of pocket taxable by the Sessions & mitigable—
But an acquittal of which a copy
might be made grantable should be a bar against
another original Information.. Tho' indeed the power
which seems to be lost of recommencing an information is
only analogous to the power in regular
civil actions of suffering a rather
than an adverse verdict.
6. Deposit. ++ ++ 15. C 2. 1.11. §19. Excise
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7. Costs. exstat speciatium- Double mistrial by 15. C.2. 11 ss19.
FORMULAE
That the printed forms contain not only
the general matters with blanks for the such matters
as are particular to the case in hand but also directions
for the filling up such blanks, printed so as to
form a border to the paper.
RECORDIATO Sive INSINUATIO +
+ we have not of own we must be content to borrow from our neighbours.
EVIDENCE
In the following cases the Magistrate to transport
himself to the residence of the Witness.
1st In case of the Witness's being under
Imprisonment - where the Justice has no power to remove him. 2dy In case of his being
of a certain quality - As if he be a Peer
Judge. Member of either House of Parliament Knight of any
Order Privy Counsellor
Apprehensi SEIZURE and APPREHENSION
InUnder this head are considerable. 1st The person who may seize 2. the Object that may be seized. That of is either. The person of the offender. 3. The goods which subject of the other goods 25
Real or X Personal = Seizure
Seizure- Official X or Peculiar X. Private or
General
Procedendae in Personal v. G Turnpike Act.
7 G.2. 40- Specimen deficiens. Burn Exc. p.62. no 25
from Stat. 9. G.2. 35. §20.
The Magistrate to proceed to the merits without inquiring
into the manner or form of seizure. G.2. 35 §34
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WIFE v. Str. 1121. in Burn Excise 135. R. v-Cross
1. Husband whether responsible for her offence? +
+ Ass. p 1 Hawk. 3 but only his own opinion.
2 If so, then according to legal Ideas, not only the
she only but he also (contrary to what might be
the general notion) should be summon'd to defend
3. Is she or he liable then to the succedaneous
Punishment for want of distrainables.
4. By Common Law this would be determined
from considering whether the Imprisonment
was designed (& this might appear variously
in various offences) as a means of compelling
the payment of the fine, or as a substantive
punishment. +
+ but v. III Bl. Consm 414.
5. But the most expedient way of ordering
by Statute would be, that the Wife should
suffer it
1st To avoid the apparent injustice of a
vicarious distribution
2dly That the check restraint may be applied to operate on
the same person as the temptation; which
in every case but that of a strict union of
affections between the married pair is absolutely
necessary:
3dly That the imprisonment of the wife, which
has at least an equal effect in the light
of an example is least detrimental to the
affairs of the family, which commonly depend
upon the Husband principally for subsistence
The apparent suffering (which is that that does the business of the Law) is less in this case at least equal in this case to what it is in the other: & the real, less.
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For this same reason The offices of the Wife are easiest supplied. [since there are more women to be met with who are at to . . . for a time; than men
It is easier to meet get with a female friend of the female
to manage supply the of the wife and the management of the domestic concerns of a the family,
than of the male to supply that of the Husband
by furnishing it with the means of
subsistence.
COSTS ferenda generally & of course by the
Informer
SUMMONS
SERVICE{
Personal
At the House{
Dwelling-house
Shop.
Summons
or Warrant?}
Summons is to ground conviction, and
intended merely as notice
Warrant answers a double purpose: the former, & is to secure forthcoming
in case of viz: after conviction for defect of responsibility
Instances of it are III G.2. 3 ss 4. against -
Obstruction of..
is an act of
Accomplicity after
Inchoate - Penalty equal to that of consummate -
should be less.
Consummate - Penalty 1/3 of that of the original
should be equal with discharge
of reimbursement perhaps of a moiety on recapture
of the original offender: & of more
but payment of the penalty of the
original offence
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