Service of Summons
| Date | 01 October 1951 |
| DOI | 10.1177/002201835101500409 |
| Published date | 01 October 1951 |
| Subject Matter | Article |
Service of Summons
T
HE
issue of a summons
by
amagistrate is
the
normal
way of instituting proceedings for
the
less serious
offences in a court of summary jurisdiction.
If
the
person
to whom
the
summons is directed, or his legal represent-
ative, fails
to
appear before
the
court
at
the
time specified,
then
the
mode of service becomes vital to
the
hearing of
the
case. Where service is
not
in accordance with
statute
and
justices proceed in
the
absence of
the
accused
they
act
without jurisdiction
and
awrit of certiorari might issue for
the
purpose of quashing
any
conviction. Where
the
defendant appears either personally or
by
legal represent-
ative any irregularity in service is waived.
It
was held,
however, in Pearks, Gunston and Tee Ltd. v. Richardson
(1902, 1
K.B.
91)
that
where a person attended before
magistrates to bring
to
their notice an irregularity
and
then
withdrew from
the
case,
that
did
not
constitute an appear-
ance
and
waive irregularity in service.
There are two general modes of service of a summons,
(1)
service under s. 9 of
the
Indictable Offences Act, 1848,
requiring
it
to
be served
"by
aconstable or other peace
officer personally, or, if he cannot conveniently be
met
with
then
by
leaving
the
same with some person for him
at
his
last or most usual place of abode" or, under
the
corres-
ponding section
but
slightly different wording of s. 1. of
the
Summary Jurisdiction Act, 1848, requiring
it
to
be
served
"by
aconstable or other peace officer, or other
person to whom
the
same shall be delivered personally or
by
leaving
the
same with some person for him
at
his last
or most usual place of abode".
(2)
postal service under
the
Service of Process (Justices) Act, 1933.
It
has been
held
that
the
word
"last"
in
(1)
means
the
present place of
abode,
if
the
party
has any,
and
the
last which he had, if he
has ceased
to
have any. EX. parte Rice Jones (19
L.J.
M.C. 151). "Place of abode" does
not
include a shop where
the
party
sought
to
be served does
not
reside. R. v.
Lilley,
Ex
parte Taylor (75
J.P.
95). It means aplace of
.19
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