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THE HONORABLE

SIR ALFRED STEPHEN, KNT.,

Chief Justice of New South Wales,

&c., &c.,

THIS WORK

IS (BY PERMISSION) MOST RESPECTFULLY INSCRIBED, BY

THE AUTHOR.

PREFACE.

I AT FIRST intended, with the sanction of Mr. PLUNKETT, to bring out a New Edition of the well-known Australian Law-Book, "Plunkett's Magistrate," and a glance over this work will show how much it is indebted to the original book, not only for some of its contents, but also for the form in which it has been written; but the more recent "JUSTICES ACTS," and other legislation, rendered a modification of the original plan necessary. In these alterations I consulted Mr. PLUNKETT;—and thus, although a New Edition of the late Attorney-General's old work, it is also under considerable obligations to other standard Law-Books. The JUSTICES ACTS are given in full; a Commentary on which-taken from SIR W. A'BECKETT's Manual for the Magistrates of Victoria, PALEY On Convictions, NICHOLS's Justice, and OKE's Synopsis-has been added. This Commentary, while containing the most ample instructions as to the duties of Magistrates, aims also at being a guide to the Profession in this branch of law. SUMMARIES of the principal Crimes and Misdemeanors have been taken from books of acknowledged authority, and in these Summaries the most recent Decisions have been collated and embodied.

The OFFENCES have been arranged in Tables, under their proper heads; those within the Summary Jurisdiction contain the offence in the words of the Statute. If the penalty is a Pecuniary Fine, the Mode of Recovery in each particular case is given; if it is Imprisonment, its Duration is given; in either case, the Section of the Act authorizing such penalty is referred to.

It is believed that this part of the work will take away the necessity for the present tedious reference to the Statute Book on every occasion when offenders are brought up under the Masters and Servants Act, the Police Act, the Publicans Act, the Vagrant Act, and such like.

In INDICTABLE OFFENCES, the Punishment is given, and also such reference to procedure or pleading as comes within the object of the work.

CORONERS, also, and CONSTABLES are instructed how to discharge properly their important duties; and the Statutes under which they act are carefully collated.

The above is a sketch of the FIRST PART of the work. The SECOND PART contains all the Forms given by Jervis's Acts, together with some useful Supplemental Forms. A sufficient number of Forms of Convictions and Orders, of Informations, Warrants, &c., have been given to render the work a useful and accurate guide in all cases.

With the assistance of these Forms, it is hoped that Magistrates will be able to avoid those technical blunders which so frequently cause a miscarriage of justice.

The THIRD PART contains a Selection of the most important Judgments of the Supreme Court on Magistrates' cases during the last eight years. It is unnecessary to dilate on the value of this part of the work, or the importance of its being carefully studied.

A copious Index of the entire contents completes the work; this will, by rendering it easy of reference, greatly add to its utility and convenience, and will also supply the place of an analytical index of the Statutes relating to Indictable Offences and Summary Convictions.

It will be found that the character of the book is essentially practical, and that questions of a theoretical or unusual nature are but slightly referred to. In only two instances have I taken the liberty of making theoretical suggestions ;-one, where attention has been drawn to the doubtful meaning of 11 and 12 Vict., c. 43, s. 19, and the probability, therefore, of the miscarriage of a large number of summary convictions (pp. 1, 243); the other, where reference has been made to the frequency of prosecutions for perjury, (p. 325).

This second question is one well deserving the immediate attention of the Legislature. It has been found that disappointed and unscrupulous litigants, either in the Civil or Criminal Courts, endeavour in these proceedings as well to obtain the privilege of a re-hearing, as the satisfaction of-it may be-gratifying animosity and malice. In both cases, the English Legislature has discovered a remedy, which can easily be adopted. It seems reasonable, and, I think, most desirable, that prosecutions so harassing and unsatisfactory should not be allowed, except with the permission of the presiding Judge or the Attorney-General.

I found it necessary, while the book was being printed, to omit the Statutory Forms given in the Schedules of the Pawnbroker, Publican, and Tenement Act.

I take this opportunity of thanking those friends who have assisted me my undertaking by the loan of books,-many of them rare, and many costly. My best thanks are also due to many friends for valuable sugges tions, among whom I may mention Mr. C. H. WALSH, of Goulburn, to whom I am indebted for the greater part of the article on Appeal, p. 7—10.

I now offer the result of much anxiety and toil with the hope that it will be useful, and with the conviction that the more it is examined, the more will the difficulties of my task be understood, and my failings in its execution be excused.

W. H. WILKINSON.

Supreme Court, Sydney,

November 14th, 1860.