(11 & 12 Vict. c. 42, s. 11; 11 & 12 Vict. c. 43, s. 3; 4 Bl. 291.)

Q.-For what length of time may a prisoner be remanded by magistrates?

A. By 11 & 12 Vict. c. 42, s. 21, a prisoner cannot be remanded for longer than eight clear days.

Q.-Within what time must an action against a justice for malfeasance be brought?

A.-No action shall be brought against any justice of the peace for anything done by him in the execution of his office, unless the same be commenced within six calendar months next after the act complained of shall have been committed. (11 & 12 Vict. c. 44, s. 8.)

And he is also entitled, on being sued for any oversight, to receive notice one calendar month beforehand. (2 Steph. Comm. p. 652; see also Paley, Sum. Conv. 506, 507.)

Actions against metropolitan police magistrates must be brought within three months. (2 & 3 Vict. c. 71, s. 53.)

Q. What is the scale of punishment imposed by a court of summary jurisdiction for non-payment of fines?

A. The period of imprisonment imposed by a court of summary jurisdiction in respect of the nonpayment of any sum of money adjudged to be paid by a conviction, or in respect of the default of a sufficient distress to satisfy any such sum, shall be such period as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any

case the maximum fixed by the following scale, that

is to say

Where the amount of the sum or sums of money adjudged to be paid by a conviction as ascertained by the conviction

The said period shall not exceed

Seven days.
Fourteen days.

One month.

Two months.

Three months.

and such imprisonment shall be without hard labour, except where hard labour is authorized by the act on which such conviction is founded, in which case the imprisonment may, if the court thinks the justice of the case requires it, be with hard labour, so that the term of hard labour awarded do not exceed the term authorized by the said act. (42 & 43 Vict. c. 49, s. 5.)

And now, by the 47 & 48 Vict. c. 43, no whipping is to be awarded in addition to imprisonment on nonpayment of any fine.

Q. What recent enactment is there as to payment of costs on a summary conviction?

A. Where a fine adjudged by a conviction by a court of summary jurisdiction to be paid does not exceed five shillings, then, except so far as the court may think fit to expressly order otherwise, an order shall not be made for payment by the defendant to the informant of any costs, and the court shall, except so far as they think fit to expressly order otherwise, direct all fees payable or paid by the informant, to be

remitted or repaid to him; the court may also order the fine, or any part thereof, to be paid to the informant in or towards the payment of his costs. And further, the court dealing summarily with any indictable offence may, if it seem fit, grant to any person who preferred the charge, or appeared to prosecute or give evidence, a certificate of the amount of the compensation which the court may deem reasonable for his expenses, trouble and loss of time therein, subject nevertheless to such regulations as may be from time to time made by a secretary of state, with respect to the payment of costs in the case of indictable offences; and the amount named in the certificate may include the fees payable to the clerk of the court of summary jurisdiction, and the fees payable to the clerk of the peace for filing the convictions, depositions and other documents required to be filed by him under this act, and such other expenses as are by law payable when incurred before a commitment for trial; and every certificate so granted shall have the effect of an order of court for the payment of the expenses of a prosecution for felony made in pursuance of the 7 Geo. IV. c. 64, and the acts amending the same, and the amount named in such certificate shall be paid in like manner as the expenses specified in such order would have been paid. (42 & 43 Vict. c. 49, ss. 8, 28.)

-What summary method is there of recovering the possession of land after the determination of the tenancy, or on non-payment of rent?

A. By the 1 & 2 Vict. c. 74, it is enacted, that when the interest of any tenant in lands, held at will

or for a term not exceeding seven years at a rent not exceeding 201. per annum, shall have ended, or shall have been determined by a legal notice to quit or otherwise, and such tenant shall refuse or neglect to quit and deliver up possession of the premises, it shall be lawful for the landlord or his agent to serve such tenant with a notice in writing of his intention to proceed to recover possession under the authority and according to the mode prescribed in that act; and if the tenant shall not appear at the time and place appointed, and show reasonable cause why the premises should not be so given up, it shall be lawful for the justices acting for the district, division or place within which the premises are situate, in petty sessions assembled, or any two of them, upon proof of the landlord's title, to issue a warrant to the constables of the district, commanding them, within a period of not less than twenty-one, nor more than thirty, clear days from the date of such warrant, to enter (by force if necessary) between the hours of nine in the morning and four in the afternoon and give possession of the same to the landlord.

And by the 11 Geo. II. c. 19, when six months' rent shall be in arrear, and no sufficient property upon which to distrain shall be found on the premises, the justices may view the same, and a notice may be affixed thereto stating that they will return at the expiration of not less than fourteen days, and they may then and there put the landlord in possession.

Arrests.

Q. What is meant by an arrest?

A. An arrest is the apprehending or restraining of the person of a man in order that he shall be forthcoming to answer an alleged or suspected crime. To this species of arrest all persons whatsoever are, without distinction, equally liable in criminal cases.

Q.-Is a constable allowed to break open a door to execute a warrant?

A. Yes; when a warrant is received by the officer he is bound to execute it to the best of his ability, so far as the jurisdiction of the magistrate and himself extends, and he may break open doors in order to execute it in case of treason, felony or actual breach of the peace, provided that admittance cannot otherwise be obtained. Nor is there any immunity from arrests in cases of that description, even in the nighttime, nor from arrest for any indictable offence whatever on Sundays. (11 & 12 Vict. c. 42, s. 4.)

Q. When may arrests be made without warrant? A.-By the 24 & 25 Vict. cc. 97, 100, which acts relate to malicious injuries to property, and to offences against the person, a constable may take into custody without a warrant any person whom he shall find lying or loitering in any highway, yard or other place during the night, and whom he shall have good cause to suspect of having committed, or of being about to commit, any felony mentioned in either of those acts, and he must take such person as soon as reasonably may be before a justice of the peace to be dealt with according to law. Moreover, within the metro