SUMACH. See Leather, vol. xiv. p. 382.
[7 words — estimated reading time: 1 minute]
SUMATRA, in Malay called Pulu Partcha or Indalas, is one of the largest and most important islands of the East Indian Archipelago. It stretches from north-west to south-east for a distance of 1047 miles,—Tandjong Batu, the northmost point, being situated in 5° 40' N. lat. and the southmost in 5° 59' S. lat. The greatest breadth is about 230 miles. In area it is estimated that Sumatra, with its 170,744 square miles, is thirteen times the size of Holland, of which country the island is in large measure a dependency. The northern half runs obliquely parallel to the Malay Peninsula, from which it is separated by the Strait of Malacca, and the southern end is separated by the narrow Sunda Strait from Java. Unlike Java, Sumatra has a series of considerable islands (Nias Islands, Mentawei Islands, &c.) arranged like outworks in front of the coast that faces the open Indian Ocean. The general physical features of the island are simple and striking: a range of lofty mountains extends throughout its whole length, their western slopes descending rapidly towards the ocean and their eastern looking out over a vast alluvial tract of unusual uniformity. This mountain range is known as Bukit Barisan or Chain Mountain. It varies in average height from 1500 to 6000 feet, and consists of three or four ridges separated by plateau-like valleys. Among its more remarkable summits are Ya Mura or Gold Mountain, near the north end (6879 feet); Seret Berapi or Merapi (5857 feet), in 0° 44' N. lat.; Pasaman or Mount Ophir (10,866); Merapi (9563); Indrapura, in 1° 36' S. lat. (11,800), which has the reputation of being the culminating point of the whole island; Dempo (10,000); and Abong Abong (10,000). The summit of Indrapura was reached by the Central Sumatran Expedition of 1877-79. Towards ...the north end of the island the spurs •of the main chain sometimes extend towards the neighbourhood of the east coast. Owing to this configuration of the island, the water-courses of the western side are comparatively short: only very few of them are large enough to be navigable. Those of the eastern slope, on the other hand—such as the Tamiang, the Simpang, the Asahan, the Kubu, the Siak, the Indragiri, the Jambi, the Kampas, the Palembang—are longer, and can not unfrequently carry vessels of considerable burden. In their lower courses they form enormous inosculating deltas. The mountainous regions contain numerous lakes, many of them evidently the craters of extinct volcanoes. When, as sometimes happens, two or three of these craters have merged into one, the lake attains a great size. Amongst the larger lakes may be mentioned the Tao Silalahi, with its offshoots Tao Muara and Tao Balige; Manindji, to the west of Fort de Kock; Sinkarah, south-east of Fort de Kock; Korintji, inland from Indrapura; Ranau, inland from Tampah; and the lake of the X. Kotas, in the Padang Highlands.
Volcanoes.— Sumatra still possesses several centres of volcanic eruption, and in 1883 its southern extremity shared with Java in the disasters of the Krakatoa outbreak. Indrapura sends up from time to time heavy columns of smoke. Merapi, the most active of the volcanoes in the island, was in full eruption in the years 1807, 1822, 1834, 1845, 1863-64, and 1872. Mt Talang in the Padang Highlands, also has three craters, one of which is filled with molten sulphur. Junghuhn registered sixteen Sumatran volcanoes, and others have since been discovered.
Geology.— A large part of the Sumatran highlands consists of very old (probably Silurian or Devonian) slates and clay schists, combined with hornblende talc and other schists, and traversed by veins of quartz. Granite also plays a considerable part, though it does not come so much to the surface. Carboniferous rocks (marls, sandstones, limestones, Ac.) are in some places well developed. Between the Carboniferous period and the Tertiary there is a great blank all through the island. Augite-andesite of late Eocene origin has greatly modified the surface of the country, and constitutes, inter alia, the main part of the Barisan range. The Tertiary formation is strongly developed in four different divisions. They are usually considered to be Eocene; but this determination rests on badly preserved fossils. The oldest or breccia division consists of débris of carboniferous limestone, syenites, and granites, sometimes in the form of breccia proper, sometimes in that of sandstones or marl clays. The fish remains found in the marls have led some palaeontologists to assign a greater antiquity than that of Eocene to these strata, while others, again, consider them to be Miocene. Above this division (apparently absent in south Sumatra) comes the second of sandstones, clay rocks, coal-beds, and coal. The coal appears to be the result of a vegetation which grew in situ. Above the coal is sandstone, sometimes 1000 feet thick. The third division consists of marly sandstones of evidently marine origin; it is well developed in west Sumatra, but is absent from the south of the island. The fourth division is a limestone, rich in remains of corals, molluscs, echinids, and especially in Orbitoides ; it is well developed both in the west and in the south. Miocene deposits are more abundant in the south than in the west. At Lubu Lintang in the Benkulen residency the Ebuma fossils are characteristic. Minerals.— Sumatra possesses various kinds of mineral wealth. Gold occurs in the central regions; gold mines have long been worked in Menangkabau and the interior of Padang, and gold-washing is carried on in several of the streams. Tin, which forms the staple of the neighbouring island of Bangka or Banca (q.v.), is found more especially in Siak and the “division” of the L. Kotas. Copper mines are worked in the Padang Highlands (most largely in the district of Lake Sinkarah) and at Muki in Achin. Iron is not unfrequent, and magnetic iron is obtained at the “Iron Mountain” near Fort van der Capellen (Tanah Datar). Coal seams exist in the Malabuh valley (Achin), in the Sinamu valley, and on both sides of the Ombilin (Umbilin) river; the Ombilin field was brought into notice more especially by Mr D. D. Veth of the 1877- 79 expedition. Lignite of good quality is found in several localities. Oil wells are worked at Langkat and other places; and arsenic, saltpetre, alum, naphtha, and sulphur may be collected in the volcanic districts.
Administrative Divisions.— The process by which the Dutch have advanced to their present position in Sumatra has been a very gradual one, and even yet, though their supremacy is effective all round the coast, much of the interior remains practically unpossessed. The following are the more important political subdivisions of the country.
A. The Dutch government of the West Coast (area 46,212 square miles), extending along the shore of the Indian Ocean from Trumon, 2° 53' N. lat., to the Mandjuta, 2° 25' S. lat., comprises the residencies Padang, Tapanuli, and the Padang Highlands (Padangsche Bovenlanden). The governor of the whole government has his residence at Padang. The residency of Padang is bounded south by Benkulen and north by Tapanuli. It contains a large number of separate districts, mostly corresponding to natural divisions formed by mountain-spurs or river valleys. Among the rest are Indrapura, Tapan, Lunang, and Silaut, which form the regency of Indrapura, and are the remains of the ancient kingdom of that name. Administratively Padang is divided into Ayer Bangis and Rau, Priaman, Padang, Painan. The headquarters of Ayer Bangis and Rau is Talu, to the north of Mt Ophir. Ayer Bangis itself is on the coast, and has a good roadstead on one of the islands that protect its bay. At Rau is the Dutch fort of Amerongen, and to the north-west the old fort of Balong or Sevenhoven. Padang is a town of some 2000 houses and 15,000 inhabitants, with a Chinese settlement and a European quarter. It is the chief market in Sumatra for gold. Indrapura lies about 8 miles up the river of its own name, and is now only an unimportant village of bamboo huts. The residency of Tapanuli is divided into Siboga (which includes the Nias Islands), Natal, Mandeling and Angkola, Padang Lawas. The town of Siboga has considerable commercial importance, the bay on which it stands being one of the finest in all Sumatra. Tapanuli, the ancient capital, and Sinkil, a commercial town, also deserve to be mentioned. In Natal (properly Natar) the leading places are Jambur, Sinkuang, and Natar. Padang Sidem-puan, the chief town of Mandeling and Angkola, lies to the south of Mt Lubu Raya. Fort Elout was formerly the military centre in Great Mandeling. The residency of the Padang Highlands lies east of Padang proper. The whole surface is mountainous, and the natural districts are very numerous. Again, Batipu and the X. Kotas, the L. Kotas, Tanah Datar, and the XIII. and IX. Kotas form the five administrative divisions. Bukit Tinggi, or, as it is usually called, Fort de Kock, is the capital of the residency; other places of note are Bondjol, Padang Pandjang Payakombo, Fort van der Capellen, Pagar Rujung (the residence of the last prince of Menangkabau), Priyangan (the remains of another capital of Menangkabau), Sinkarah, and Solok. To the government of the West Coast belong the following islands :—Banyak Islands, a small limestone group, well wooded and sparsely peopled; Nias Islands, with an area of 2523 square miles; Batu Islands (Pulu Pingi, Pulu Baai, Tanah Masa, Tanah Balla, &c.; area 630 square miles); Mentawei and Pageh or Nassau Islands (area 4200 square miles); Engano (area 360 square miles), annexed by Holland in 1863 and seldom visited. The Nias Islands are a very interesting group (see Dr Schreiber in Petermann’s Mittheil., 1881). There are no volcanoes, but earthquakes are very frequent. In the north the villages are mainly perched on steep hills reached by ladders; in the south they are larger and occupy low-lying sites.
B. The residency of Benkulen or Bencoolen (i.e., Bang Kulon, “west coast ”) lies along the west coast from the Mandjuta to the south end of Sumatra. It is divided into eight districts :—Mokko-Mokko; Lais or Sungei Lama; the district (ommelanden) of Benkulen; the capital Benkulen; Seluma; Mana and Pasumah Ulu Mana; Kauer; and lastly Kru. Among the noteworthy places are Mokko-Mokko, with the old English fort Anna; Bantal; Lais (Laye), the former seat of the English resident; and Benkulen, the capital, with 12,000 inhabitants, Fort Marlborough, and a Chinese kampong (see Bencoolen).
C. The residency of the Lampong districts, separated from Palembang by the Masudji river, is partly mountainous (Lampong Peak 6800 feet), partly so flat as to be under water in the rainy season. It is divided into the districts of Telok Betong, Tulang Bawang, Seputih, Sekampong, Katimbang, and Semangka. The more important places are Telok Betong, chief town of the residency, Menggala (with a good trade), Gunung Sugi, Sukadana, Tandjong Karang, Beniawang.
D. The residency of Palembang consists of the former kingdom of this name, various districts more or less dependent on that monarchy, and (since 1839) the kingdom of Jambi. With the exclusion of this last it is divided into the administrative districts of Palembang; Tebing Tinggi; Lematang I lu, Lematang Ilir, and the Pasumah country; Komering Ulu, Ogan Ulu, Inim, and the Ranau districts; Musi Ilir; Ogan Ilir, Komering Ilir, and Blidah; and Iliran and Banyu Asin. In the kingdom of Jambi the government is left in the hands of the native chief. The town of Palembang is a large place of 50,000 inhabitants (2500 Chinese), with extensive barracks, hospitals, &c., a mosque (1740), considered the finest in the Dutch Indies, and a traditional tomb of Alexander the Great. A good description of the town and its river approaches is given by Mr Forbes.
E. The kingdom of Indragiri (along with Kwanten and the districts of Retell and Mandah) is administratively subject to the residency of Riouw.
F. The residency of the East Coast was formed in 1873 of the territory of Siak and its dependencies and the state of Kampar. It consists of five divisions,—the island Bengkalis, Siak proper, Labuan Batu, Asahan, Deli. The island has an area of 529 square miles and a population of 5000. Deli is the most important part of the residency, —having been since 1870 the seat of the Amsterdam Deli Company, engaged in growing tobacco, coffee, &c.
G. In 1878 the Achin (Atjeh) kingdom was turned into a Dutch government, but the greater part of the territory is still but little known. Compare Achin, vol. i. p. 95 sq. Flora.— Though Sumatra is separated from Java by so narrow a strait, the botanist at once finds that he has broken new ground when he crosses to the northern island, and the farther he advances inward the more striking becomes the originality of the flora. The alang fields, which play a great part in Java, have even a wider range in Sumatra, descending to within 700 or 800 feet of sea-level; where-ever a space in the forest is clearea this aggressive grass begins to take possession of the soil, and if once it be fully rooted the woodland has great difficulty in re-establishing itself. Among the orders more strongly represented in Sumatra than in Java are the Dip-terocarpaceae, Ghrysobalanaceae, sclerocarp Myrtaccae, Melastomaccae, Begonias, Nepenthes, Oxalidaceae, Myristicaceae, Ternströmiaccae, Connaraceae, Amyridaccae, Cyrtandraceae, Epacridaceae, and Eriocaulaceae. Many of the Sumatran forms which do not occur in Java are found in the Malay Peninsula. In the north the pine tree (Pinus Merkusiî) has advanced almost to the equator, and in the south are a variety of species characteristic of the Australian region. The distribution of species does not depend on elevation to the same extent as in Java, where the horizontal zones are clearly marked; and there appears to be a tendency of all forms to grow at lower altitudes than in that island. A remarkable feature of the Sumatran flora is the great variety of trees that vie with each other in stature and beauty, and as a timber-producing country the island ranks high even among the richly wooded lands of the archipelago. The process of reckless deforestation is, however, beginning to tell on certain districts,—the natives often destroying a whole tree for a plank or rafter. The principal cultivated plants, apart from sugar cane aud coffee, are rice (in great variety of kinds), the cocoa-nut palm, the areng palm, the areca and the sago palms, maize (jagung), yams, and sweet potatoes; and among the fruit trees are the Indian tamarind, the blimbing, pomegranate, jambosa, guava, papaw, orange, and lemon. Even before the arrival of Europeans Sumatra was known for its pepper plantations; and these still form the most conspicuous feature of the south of the island. For the foreign market coffee is the most important of all the crops,—the Padang districts being the chief seat of its cultivation. The average value of the coffee brought to market in Padang in the three years 1880-82 was £521,000. Benzoin was formerly obtained almost exclusively from Sumatra from the Styrax Benzoin. Fauna,. — Snellemann confirms the statement of Wallace that no trace has been found of the orang-outan (Simia satyrus). The siamang (Hylobates syndactylus), an ape peculiar to the island, fills the woods with the cry “uwa uwa." The ungko (Hylobates agilis) is not so common. A fairly familiar form is the simpei (Semnopithecus melalophus). No apes are found on the plateau of Alahan Pandjang and the slopes of the mountains above 1500 metres. The tjigah (Cercocebus cynomolgus) is the only ape found in central Sumatra in a tame state. The pig-tail ape (Macacus nemestrinus)— as Raffles described it in his “Descriptive Catalogue of a Zoological Collection made in Sumatra,” Trans. Linn. Soc., 1820, vol. xiii. p. 243—is employed by the natives of Benkulen to ascend the cocoa-nut trees for the purpose of gathering the nuts. The Galeopithecus volans (“kubin,” “flying cat,” or “flying lemur”) is fairly common. Bats of from twenty to twenty-five species have been registered; in central Sumatra they dwell in thousands in the limestone caves. The Pteropus edulis (“kalong,” “flying fox ”) is to be met with almost everywhere, especially in the durian trees. The tiger frequently makes his presence felt, but is seldom seen, and less frequently hunted; he prefers to prowl in what the Malays call tiger weather, that is, dark, starless, misty nights. The “clouded tiger” or rimau bulu (Felis macrocelis) is also known, as well as the Malay bear and wild dog. Paradoxurus musanga (“coffee-rat” of the Europeans) is only too abundant; Arctictis binturong appears to be rare. The Sumatran hare (Lepus netscheri), discovered in 1880, adds a second species to the Lepus nigricollis, the only hare previously known in the East Indian Archipelago. The Manis javanicus is the only representative of the Edentata. The Pachydermata are strongly characteristic of the Sumatran fauna: not only are the rhinoceros (Rh. sumatranus), the Sus vittatus, and the Tapirus indicus common, but the elephant (altogether absent from Java) is represented by a peculiar species. The Sumatran rhinoceros differs from the Javanese in having two horns, like the African variety. Its range does not extend more than 8500 feet above sea-level, and that of the elephant not above 4900 feet. The wild Bos sundaicus does not appear to exist in the island. The Antilope sumatrensis (kambing-utan) has been driven to the loneliest parts of the uplands. Cervus equinus is widely distributed, Cervus muntjac less so. Inhabitants.— The bulk of the Sumatran population is Malayan; but to what extent the Malay has absorbed pre-Malayan blood is still open to investigation. The Kubus, a race or tribe still found in an emphatically savage state in the interior, have been by some regarded as the remains of an aboriginal stock; but Mr J. G. Garson, reporting on Kubu skulls and skeletons submitted to him by Mr Forbes, comes to the conclusion that they are decidedly Malay, though the frizzle in the hair might indicate a certain mixture of Negrito blood (Journ. Anthrop. Inst., 1884). They speak the Malay dialect of the district to which they belong.
One of the most interesting of all the savage or semi-savage peoples is the Battaks or Batahs. About these a great deal has been written since Junghuhn published his Die Battaländer in 1847. It is not known whether they were settled in Sumatra before the Hindu period. Their language contains words of Sanskrit origin and others most readily referred to Javanese, Malay, Menangkabau, Macassar, Sundanese, Niasese, and Tagai influence. At the present time they occupy the country to the south-east of Achin, in the centre of which lies the great Toba Lake; but it is evident that they formerly possessed, or at least were present in, various other districts both north and south. The process of absorption into the Achin and Malay population which is now rapidly going on seems to have been long at work. In many points the Battaks are quite different from the Malay type. The average stature of the men is about 5 feet 4 inches, of the women 4 feet 8 inches. In general build they are rather thickset, with broad shoulders and fairly muscular limbs. The colour of the skin ranges from dark brown to a yellowish tint, the darkness apparently quite independent of climatic influences or distinction of race. The skull is rather oval than round. In marked contrast to the Malay type are the large black long-shaped eyes, beneath heavy black or dark brown eyebrows. The cheek bones are somewhat prominent, but less so than among the Malays. J. B. Neumann reckons the inhabitants of the whole river basin of which he treats at 50,000. The Battak language, especially the Toba dialect, has been studied by Van der Tuuk (Bataksch Woordenbock). On the borders of Palembang and Benkulen live the Redjangers, a peculiar tribe who still employ a distinctive written character, which they cut with a kris on bamboo or lontar. The same character is employed by the Pasumahs, who bear traces of Javanese elements or influence. Full details as to the various forms are given by Van Hasselt, Volksbc- schr. en Taal van Mid.·Sumatra (1877-79 expedition). The original stock of the Achinese appears, according to K. H. F. van Langen (Tijdschr. voor Ind. Taal-, Land-, en Volkcn∙Kunde, Batavia, xxviii.), to have consisted of the Mantirs, who seem to have been driven inland by the Battaks and the Cheties (Tjeties) or Hindus. The Achinese language is at present spoken in four main dialects, of which the purest or most cultured is that of the XXV. and XXVI. Mukims. It shows, besides the Mantir element, Malay, Battak, Hindu, and Arabic influence. The inhabitants of the Nias Islands have a special tongue, which has been studied by Herr Sundermann.
The physical conditions of large tracts render it certain that as a whole the island cannot be thickly peopled. In 1881 the Government Almanac gave the population of the Dutch possessions as 2,142,873 (2894 Europeans, 2,098,984 natives, 11,289 Chinese, 1929 “Arabs,” and 27,777 Orientals of other stock). To...
[4,303 words — estimated reading time: 25 minutes]
SUMBAL, or Sumbul,' also called Musk Root, a drug recently introduced into European medical practice. It consists of the root of Ferula Sumbul, Hook., a tall Umbelliferous plant found in the north of Bokhara, its range apparently extending beyond the Amur. It was first brought to Russia in 1835 as a substitute for musk; it was subsequently recommended as a remedy for cholera, and in 1867 was introduced into the British pharmacopoeia. The root as found in commerce consists of transverse sections an inch or more in thickness and from 1 to 3 or more inches in diameter. It has a dark thin papery bark, a spongy texture, and the cut surface is marbled with white and blackish or pale brown; it has a musky odour and a bitter aromatic taste. Sumbal is used in medicine as an antispasmodic and stimulating tonic, especially in nervous diseases. It owes its medicinal properties to a balsamic resin and an essential oil. Of the former it contains about 9 per cent. and of the latter one-third per cent. The resin is soluble in ether and has a musky smell, which is not fully developed until after contact with water; by dry distillation it yields umbelliferone, C 9 H 6 O 3 , a crystalline substance soluble in water, ether, and chloroform, and producing in an alkaline solution a brilliant blue fluorescence, which is destroyed by the addition of an acid in excess....
Under the name of East Indian sumbal, the root of Dorema ammoniacum, Don., has occasionally been offered in English commerce. It is of a browner hue, has the taste of ammoniacum, and gives a much darker tincture than the genuine drug; it is thus easily detected. The name “sumbal” (a word of Arabic origin, signifying a spike or ear) is applied to several fragrant roots in the East, the principal being Nardostachys Jatamansi, D.C. (see Spikenard). West African sumbal is the root of a species of Cyperus.
[327 words — estimated reading time: 2 minutes]
SUMBAWA (properly Sambawa or Samawa), an island of the East Indian Archipelago, one of the Sunda group, lies between 8° 6' and 9° 3' S. lat. and 116° 47' and 119° 12' E. long., to the east of Lombok, from which it is separated by the narrow Allas strait. Its area is estimated at 5186 square miles. The population was computed to number about 150,000 in 1887. The deep Bay of Salee or Sumbawa on the north divides the island into two peninsulas, and the isthmus is further reduced by the narrower Bay of Tjempi (Chempi) entering from the south. The eastern peninsula is deeply indented by the Bay of Bima. The whole surface of Sumbawa is mountainous: G. Ny-enges, in the western peninsula, is 5560 feet high, and G. Tambora, in the eastern, which is said to have lost a third of its elevation in the eruption of 1815, is still 8697 feet high. There are no navigable streams. The climate and productions are not unlike those of Java, though the rains are heavier, the drought more severe, and the fertility less. Sulphur, arsenic, asphalt, and petroleum are the mineral products. Mohammedanism prevails throughout the island, except among certain mountain tribes....
Sumbawa is divided into four independent states,—Sumbawa proper, Dompo, Sangar, and Bima. Two other states on the northern extremity of the island were so devastated by the Tambora eruption of 1815 that their territory, after lying for long uninhabited, was in 1866 divided between Dompo and Sangar. Sumbawa proper occupies the western peninsula. The residence of the sultan is Sumbawa, 2 miles from the coast of the great bay, in 8° 32' S. lat. and 117° 20' 33" E. long. It is surrounded with palisade and ditches. The inhabitants of this state employ sometimes the Malay and sometimes the Macassar character in writing. A considerable trade is carried on in the export of horses, buffaloes, goats, dinding (dried flesh), skins, birds’ nests, wax, rice, katjang, sappanwood, &c. Sumbawa entered into treaty relations with the Dutch East India Company in 1674. Dompo is the western half of the eastern peninsula. The capital of the state, Dompo, lies in the heart of the country, on a stream that falls into Tjempi Bay. Bada, the sultan’s residence, is farther west. Sangar occupies the north-western promontory of the island, and Bima the extreme east. Bima or Bodjo, the chief town of the latter state, lies on the east side of the Bay of Bima; it has a stone-walled palace and a mosque, as well as a Dutch fort. The population of Bima is curiously divided into twelve guilds or castes (dari). In the town is a Government Christian school dating from 1874.
[456 words — estimated reading time: 3 minutes]
SUMMARY JURISDICTION. By a court of summary jurisdiction is meant a court in which cases are heard and determined by a justice or justices of the peace, without the intervention of a jury. Such a court has duties to perform of two different kinds. It either hears and determines a case in a judicial capacity, or it acts rather in a ministerial capacity where a prima facie case has been established, as by issuing a warrant of distress for nonpayment of poor rate, or by committing an accused person for the decision of a higher court, generally assizes or quarter sessions. It is to the court acting in the former capacity that the term “court of summary jurisdiction” more strictly applies. Ever since the first institution of justices of the peace (see Justice of the Peace), the tendency of English legislation has been to enlarge their jurisdiction and to enable offences of a less heinous nature to be tried in their courts without a jury. This inroad upon the functions of the jury can only be made by legislation. “The common law is a stranger to it, unless in the case of contempts,” says Blackstone. At common law all offences must be proceeded against by indictment, and an indictment can only be tried before a jury. Even where an offence is created by statute and is unknown to the common law the procedure must be by indictment, unless the statute creating the offence or some other statute specially makes it summary. The history of the gradual growth of summary jurisdiction will be found in Stephen, History of the Criminal Law, vol. i. chap. iv. The summary jurisdiction exercised by justices is the only one of much practical importance. It is unnecessary to do more than mention in passing the two other kinds named by Blackstone, that of the commissioners of taxes for ...revenue offences and that of the superior courts for Contempt of Court (q.v. ) . A very remarkable case of the latter is the power given to a judge by 12 Geo. I. c. 29, s. 4, to summarily sentence to seven years’ penal servitude a solicitor practising after conviction for perjury, forgery, or barratry.
The principal Acts now dealing with summary jurisdiction are the Summary Jurisdiction Act, 1848 (11 and 12 Vict. c. 43), one of what are called Jervis’s Acts, and the Summary Jurisdiction Act, 1879 (42 and 43 Vict. c. 49). The former consolidated the law up to that time of a large number of Acts, but only to a certain extent, for a considerable number of previous enactments dealing in a greater or less degree with this subject are still law, the earliest being 5 Hen. IV. c. 10. It also amended the law in several important particulars. The amendment was in the direction of greater simplicity of procedure, and related to both criminal and only quasicriminal matters. The procedure under the Act is shortly this. In all cases where an information is laid or complaint made the justices are, on proof of a prima facie case, to issue a Summons (q.v. ). An information is laid in criminal matters in which the decision of the justices, if adverse to the defendant, would be a conviction. A complaint is made where the decision of the justices in such an event would be an order for the payment of money or otherwise in what may be called only quasi-criminal matters, e.g., claims under the Employers and Workmen Act. If the summons is disobeyed, a warrant may (in criminal charges only) issue in the first instance at the discretion of a justice. The warrant is good only within the local jurisdiction of the justice issuing it; and, if it is required to be executed in another jurisdiction, it must be backed, i.e ., endorsed, by a justice of that jurisdiction (unless in case of a fresh pursuit, when it is good for 7 miles beyond the bounds of the jurisdiction in which it was issued). Complaints need not be in writing; informations usually are, though the Act does not make writing necessary. Where a warrant issues in the first instance, the information must be upon oath. In all cases not otherwise provided for, the information must be laid or complaint made within six calendar months from the time at which the matter of the information or complaint arose. The hearing is in open court, and parties may appear by counsel or solicitor. If both parties appear, the justices must hear and determine the case. If the defendant does not appear, the justices may hear and determine in his absence, or may issue a warrant and adjourn the hearing until his apprehension. If the complainant does not appear, the justices may dismiss the complaint or adjourn the hearing. The punishment inflicted may be fine or imprisonment, or both. Imprisonment as a rule cannot exceed six mouths. The regular mode of proceeding where a conviction adjudges a pecuniary penalty, or an order requires payment of a sum of money, is by issue of a warrant of distress to be levied on the goods of the defendant. The court usually consists of two or more justices, but the lord mayor or an alderman of the City of London, a metropolitan police magistrate, and a stipendiary magistrate have each the authority of two justices. The Act further makes provision for curing defects in form in the proceedings for the payment of costs, for removing difficulties as to the boundaries of jurisdiction, and for various other matters. The schedule gives forms of proceedings, which are as far as possible to be followed. The Act of 1879 amended the Act of 1848 in several important particulars, chiefly in the direction of greater leniency and enlarged jurisdiction and power of appeal. A greater discretion in the infliction of punishment is conferred on the court. A scale of imprisonment in respect of non-payment of a fine or default of distress is fixed at periods varying according to the amount of the fine unpaid, but in no case exceeding three months (except in certain revenue offences, where the limit is six months), and without hard labour, unless hard labour is specially authorized by the Act on which the conviction is founded. Time may be given for payment of money, or it may be ordered to be paid by instalments, or security may be taken. Summary trial of children under twelve is allowed at the discretion of the court in case of any indictable offence other than homicide, unless objection is made by the parent or guardian. A child cannot on summary conviction be imprisoned for more than a month or fined more than 40s. Summary trial of juvenile offenders between twelve and sixteen and of adults is allowed in certain crimes mentioned in the Act, if the accused assents and foregoes his right to trial by jury. There are cases in which the court can deal summarily with an adult pleading guilty where it would have been necessary to commit him for trial had he pleaded not guilty. The court may in trivial cases discharge the accused without punishment or with only a nominal punishment. Improvements are made in the practice as to sureties, recognizances (see Surety, Recognizance), and the issue and execution of warrants of commitment and distress. The issue of such a warrant may be postponed if the court thinks fit. The wearing apparel and bedding of a person and his family, and the tools and implements of his trade to the value of £5, are exempt from distress. Imprisonment may in certain cases be ordered instead of distress. The right of appeal is much extended. An appeal now lies from every conviction or order adjudging imprisonment without the option of a fine where the accused did not plead guilty. The appeal by the Act of 1884 must be in accordance with the procedure of the Act of 1879, or of any subsequent Act giving a right of appeal in the particular case. The appeal is to Quarter Sessions ( q.v.). A summons or warrant is not avoided by the death or cesser of office of the justice issuing it. Under the powers of the Act rules and forms were framed which came into effect on 1st January 1880. The Summary Jurisdiction (Process) Act, 1881 (44 and 45 Vict. c. 24, applying to Great Britain, but not to Ireland), gave additional facilities for serving and executing the process of an English court of summary jurisdiction in Scotland or of a Scotch court in England, on endorsement in the country where it is executed. The Summary Jurisdiction Act, 1884 (47 and 48 Vict. c. 43), repealed a number of enactments rendered obsolete by the Acts of 1848 and 1879 and explained certain sections of those Acts as to which doubts had arisen. There are numerous other enactments dealing less directly with the powers of courts of summary jurisdiction. For instance, the Merchant Shipping Acts give justices large powers in case of salvage claims and of offences by seamen. The Criminal Law Consolidation Acts of 1861 give them limited jurisdiction in larceny, coining, malicious injuries to property, and offences against the person. Among many other Acts conferring summary jurisdiction are the Army, Bastardy, Customs, Employers and Workmen, Game, Highway, Licensing, Post Office, and Vagrant Acts. Some of the later Acts, such as the Customs and Army Acts, apply to the United Kingdom. The decision of a court of summary jurisdiction may be reviewed by, besides appeal, a writ of certiorari, mandamus, or habeas corpus, or by statement of a special case.
Scotland.— Summary jurisdiction in Scotland depends chiefly upon the Summary Jurisdiction Acts, 1864 and 1881. A court of summary jurisdiction includes the sherifi' court. The Acts follow, mutatis mutandis, the lines of English legislation. All proceedings for summary conviction or for recovery of a penalty must be by way of complaint according to one of the forms in the schedule to the Act of 1864. The English summons and warrant are represented in Scotland by the warrant of citation and the warrant of apprehension. Where no punishment is fixed for a statutory offence, the court cannot sentence to more than a fine of £5 or sixty days’ imprisonment, in addition to ordering caution to keep the peace. The Act of 1881 adopts many of the provisions of the English Act of 1879. In addition, it confers the discretion as to punishment to a sheriff trying by jury in cases where the prosecution might have been by complaint under the Acts. Appeals from courts of summary jurisdiction are now mainly regulated by 38 and 39 Vict. c. 62, and proceed on case stated by the inferior judge.
Ireland.— The principal Acts dealing with the subject are the Summary Jurisdiction and Petty Sessions Acts, 1851 (14 and 15 Vict. cc. 92, 93). These Acts are more extensive in their purview than the English Acts, as they form in a great degree a code of substantive law as well as of procedure. The exceptional political circumstances of Ireland have led to the appointment of resident magistrates under 6 and 7 Will. IV. c. 13, and to the conferring at different times on courts of summary jurisdiction of an authority, generally temporary, greater than that which they can exercise in Great Britain. Recent instances are the Peace Preservation Act, 1881, and the Prevention of Crime Act, 1882. The provisions of the English Act of 1879 as to children were extended to Ireland by 47 and 48 Vict. c. 19.
United States.— By Art. III. s. 2 of the constitution the trial of all crimes, except in cases of impeachment, is to be by jury. By Art. V. of the amendments no person can be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. Considerable changes have been made by State legislation in the direction of enlarging the powers of courts of summary jurisdiction. (J. W+.)
[2,011 words — estimated reading time: 12 minutes]
