Pedlars Act 1871

Legal Proceedings

20 Summary proceedings for offences, &c.

In England and Ireland all offences and penalties under this Act may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts, before a court of summary jurisdiction.

In Scotland all offences and penalties under this Act shall be prosecuted and recovered before a court of summary jurisdiction under the provisions of the Summary Procedure Act, 1864, and all necessary powers are hereby conferred on such court.

Provided as follows:

1.

The court of summary jurisdiction, when hearing and determining an information or complaint, shall be constituted in some one of the following manners ; that is to say,

(a)

In England, either of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty sessions, or of one of the magistrates herein-after mentioned, sitting alone or with others at some court or other place appointed for the administration of justice; that is to say, the Lord Mayor, or any alderman of the city of London, a metropolitan police magistrate, a stipendiary magistrate, or some other officer or officers for the time being empowered by law to do alone or with others any act authorised to be done by more than one justice of the peace; or,

(b)

In Scotland, of two or more justices of the peace sitting as judges in a justice of the peace court, or of one of the magistrates herein-after mentioned sitting alone or with others at some court or other place appointed for the administration of justice ; that is to say, the sheriff of the county or his substitute, or the provost or other magistrate of a royal burgh, or some other officer or officers for the time being empowered by law to do alone or with others any act authorised to be done by more than one justice of the peace :

(c)

In Ireland, within the police district of Dublin metropolis, of one of the divisional justices of the said district, sitting at a police court within the said district; and elsewhere; of a stipendiary magistrate sitting alone or with others, or of any two or more justices of the peace sitting in petty sessions at a place appointed for holding petty sessions.

2.

The description of any offence under this Act in the words of such Act, or as near thereto as may be, shall be sufficient in law.

3.

Any exception, exemption, proviso, excuse, or qualification, whether it does or not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor.

4.

Penalties recovered in the metropolitan police district shall be applied in manner directed by the Acts relating to the metropolitan police.

5.

Penalties recovered in Ireland shall be applied according to The Pines Act (Ireland), 1851, or any Act amending the same.

6.

In Scotland the following enactments shall have effect:

(1)

All penalties imposed under this Act may, in default of payment, be enforced by imprisonment for a term not exceeding three months :

(2)

All penalties recovered under this Act shall be paid to the clerk of the court of summary jurisdiction, and by him accounted for and paid—

(a)

To the Queen's and Lord Treasurer's Remembrancer, on behalf of Her Majesty, when the court is the Sheriff's Court:

(b)

To the collector of county rates, in aid of the county general assessment, when the court is the Justice of Peace Court:

(c)

To the, treasurer of the burgh, in aid of the funds of the burgh, when the court is a burgh court:

(d)

To the treasurer of the Board of Police or Commissioners of Police, in aid of the police funds, when the court is a police court.

21 Application of fees.

All fees received under this Act in England and Ireland shall be applied in manner in which penalties recoverable under this Act are applicable.

All fees received under this Act in Scotland shall be accounted for and paid to the collector of the police assessment levied for support of the police of the district in which they are received, in aid of such assessment.