But the phrase in modern times is applied almost exclusively to forms of jurisdiction exercised by justices of the peace out of general or quarter sessions, and without the assistance of a jury.

Ever since the creation of the office of justice of the peace the tendency of English legislation has been to enable them to deal with minor offences without a jury.

1. c. 29) to judges of the superior courts summarily to sentence to transportation (penal servitude) a solicitor practising after conviction of barratry, forgery or perjury (Stephen, Dig.

The result of legislation is that summary jurisdiction has been conferred by statutes and by-laws as to innumerable petty offences of a criminal or quasi-criminal character (most of which in French law would be described as contraventions), ranging through every letter of the alphabet.

The most important perhaps are those under the Army, Game, Highway, Licensing, Merchant Shipping, Post Office, Public Health, Revenue and Vagrancy Acts.

This definition does not apply to justices of the peace sitting to hold a preliminary inquiry as to indictable offences, or in the discharge of their quasi-administrative functions as licensing authority.

The Summary Jurisdiction Act 1879 amended the procedure in many details with the view of uniformity, and enlarged the powers of justices to deal summarily with certain classes of offences ordinarily punishable on indictment.

The Summary Jurisdiction Act 1899 added the obtaining of property by false pretences to the list of indictable offences that could sub modo be summarily dealt with.

As already stated, to enable a justice to deal summarily with an offence, whether created by statute or by-law, some statutory authority must be shown.

A very large number of petty offences (contraventions) have been created (e.g. poaching, minor forms of theft, malicious damage and assault), and are annually being created The two latter classes differ from the first in the necessity of proving by evidence the existence of the by-law or statutory rule, and if need be that it is intra vires.

With all indictable offences under heads 1 to 4, summary jurisdiction depends on consent of the accused or a person with authority over him after receiving due information as to the right to go to a jury, and the punishments on summary conviction in such cases are not those that could be imposed after conviction or indictment, but were limited as follows: These limitations of punishment have had a potent effect in inducing culprits to avoid the greater risks involved in a jury trial.

Upon receipt of the information the justice may issue his summons for the attendance of the accused at a time and place named to answer the charge.

It is usual to summon to a petty sessional court (i.e. two justices or a stipendiary magistrate, or, in the City of London, an alderman).

If the accused does not attend in obedience to the summons, after proof of service the court may either issue a warrant for his arrest or may deal with the charge in his absence.

Occasionally a warrant is issued in place of a summons in the first instance, in which case the information must be laid in writing and be verified by oath.

Where the case is proved but is trifling the court may, without proceeding to conviction, make an order dismissing the information subject to payment of damages for injury or compensation for loss up to £10 or any higher limit fixed by statute as to the offence, and costs, or discharging the accused conditionally on his giving security for good behaviour and on paying damages and costs (1907, c. 17, s. 1).

Instead of sending the defendant to prison for not paying fine and costs the court may direct its levy by distress warrant, or may accept payment by instalments.

In the case of distress the wearing apparel and bedding of the defendant and his family, and to the value of £5 the tools and implements of his trade, may not be taken (Summary Jurisdiction Act 1879, s. 21).

4. c. 10), i.e. in a local prison declared by the home secretary to be the common gaol for the county, &c., for which the court acts.

A warrant of arrest is executed by the constable or person to whom it is directed within the local jurisdiction of the issuing court; or a fresh pursuit within seven miles of its boundaries, without endorsement, in the rest of England and Wales, and in Scotland, the Channel Islands and Isle of Man after endorsement by a competent magistrate of the place where the accused is, and in Ireland by a justice of the peace or an inspector of constabulary.

An English summons to a defendant or witness, except in respect of civil debts, is served in Scotland after endorsement by a competent magistrate there (Summary Jurisdiction Process Act 1881 (44 & 45 Vict.

The functions of justices as to such rates are sometimes but not quite accurately described as ministerial, for their powers of inquiry though limited are judicial and of a quasi-criminal character.

c. 49) gives a general power of appeal against an adjudication on conviction (but not on plea of guilty) to imprisonment without the option of a fine, whether as punishment for an offence or for failure to do or abstaining from doing any act, other than compliance with an order to pay money or find security or enter into recognizances or to find sureties (1879, s. 19).