Summary Jurisdiction - Civil Jurisdiction

Civil Jurisdiction

In cases where justices have a summary civil jurisdiction, e.g. as to certain civil debts recoverable summarily, or to make orders to do or to abstain from doing certain acts, e.g. with reference to nuisances and building, the procedure differs in certain details from that in criminal cases.

1. The summons is issued on a complaint, which need not be in writing nor on oath, and not on an information, and warrants of arrest cannot be issued.
2. The rules as to the evidence of the defendant and spouse are the same as in civil actions.
3. The court's decision is by order and not by conviction.
4. The order if for payment of a civil debt or costs in connexion therewith is enforceable by distress and sale of the defendant's effects or by imprisonment, but only on proof that the defendant has had since the order means of paying and has refused or neglected to pay (1879, s. 35).

Proceedings for the enforcement of local rates are not affected by the Summary Jurisdiction Acts except as to the power of submitting to the High Court questions of law arising on a summons to enforce rates (re Allen, 1894, 2 Q.B., 924). 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.