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The particu-lars of each case to be recorded in a book.
If certiorari allowed, copy of the entries in such book to be a sufficient return.
Not to dispense with written depositions in cases for trial at the Supreme Court.
Mode of proceeding at the hearing.
Provision for custody of records.
Mode of serv-ing process.
ORDINANCE No. 5 OF 1850.
Justices of the Peace.
be the commencement of the suit, and may be noted accordingly in the record of proceedings.
3. Be it further enacted and ordained, that by the sitting Justice or one of the sitting Justices, or at each public office, shall be kept a book in the form to this Ordinance annexed, or in any similar form containing the same particulars, to be called the Record Book, in which shall be entered an abstract of the proceedings in each case brought before the said Justice or heard or investigated at the said office; and such abstract shall contain the names of the plaintiff, defendant, and witnesses, the plaint or charge, order or decision and other particulars in accordance with the said form; and it shall not be necessary to draw up a more formal record of any conviction, order, or other proceeding whatever; and in case of any conviction, order, or other proceeding being removed by writ of certiorari or otherwise into any superior Court, a copy of such portion of the said Record Book and of such minutes of proceeding and other documents hereinafter mentioned as shall refer to the case, shall be a full and sufficient return to such writ. Provided that nothing herein contained shall be held to dispense with the necessity of taking such written depositions as are required by law on the committal of any defendant for trial before the Supreme Court of this Colony.
4. Be it further enacted and ordained, that on the appearance of the parties before him or them, or on the ex parte hearing, the sitting Justice or Justices, or his or their clerk, shall take such minutes of the proceedings in each case as may be necessary for the due adjudication and record thereof, and the sitting Justice or one of the sitting Justices shall subscribe such minutes with his name, and these minutes, together with the returned summonses and other writs and such other documents connected with the case as it may be expedient to retain, shall be collectively numbered to correspond with the entry of the said case in the Record Book, and shall be transmitted weekly, together with (if required) copies of the Writ Book and Record Book duly attested, to such office or Court as may from time to time be appointed by His Excellency the Governor, there to be safely kept.
5. Be it further enacted and ordained, that the person entrusted with the service of any summons or other writ or process shall make a return in writing of the manner in which he has served or attempted to serve such summons, which return shall in itself be prima facie proof of the facts it may contain; and if it shall appear to the sitting Justice that any