the-ordinances-of-the-legislative-counci-1890 — Page 282

246 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 .
The particu 3. Be it further enacted and ordained , that by the sitting Justice or
lars of each
case to be
recorded in a one of the sitting Justices , or at each public office, shall be kept a book
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 ofthe plaintiff, defendant, and witnesses , the plaint
or charge , order or decision and other particulars in accordance with the
If certiorari said form ; and it shall not be necessary to draw up a more formal record
allowed , copy
of the entries of any conviction , order, or other proceeding whatever ; and in case of
in such book
to be a any conviction, order , or other proceeding being removed by writ of
sufficient
return . certiorari or otherwise into any superior Court, a copy of such portion of
Not to
the said Record Book and of such minutes of proceeding and other
dispense with
written documents hereinafter mentioned as shall refer to the case, shall be a full
depositions
in cases for and sufficient return to such writ. Provided that nothing herein contained
trial at the
Supreme shall be held to dispense with the necessity of taking such written
Court.
depositions as are required by law on the committal of any defendant for
trial before the Supreme Court of this Colony.
Mode of 4. Be it further enacted and ordained, that on the appearance of the
proceeding
at the
parties before him or them, or on the ex parte hearing, the sitting Justice
hearing.
or Justices, or his or their clerk , shall take such minutes ofthe proceedings
in each case as may be necessary for the due adjudication and record
thereof, and the sitting Justice or one ofthe 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
Provision for shall be transmitted weekly, together with ( if required ) copies of the Writ
custody of
records. 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.
Mode of serv 5. Be it further enacted and ordained , that the person entrusted with
ing process.
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 primâ facie proof of the facts
it may contain ; and if it shall appear to the sitting Justice that any