the-ordinances-of-the-legislative-counci-1890 — Page 60

24 ORDINANCE No. 10 OF 1844.


Justices of the Peace- Summary Jurisdiction.


without effect, ) shall be deemed to be a legal and effectual service on
such party , as fully to all intents and purposes, as if the same summons
had been personally served on such party, and as if the same had been
directed in his proper and real name, and that every summons may direct
the party to appear, either before the Justice or Justices issuing the same,

or before any one or more Justice or Justices generally, as the case may
require, ( without naming any Justice ) . Provided that such summons
shall direct the party so to appear, at a time and place certain, to be
named in such summons .

Evidence to 3. And be it enacted that the Justice or Justices, before whom any
be takendown
and subscrib person may be convicted in manner aforesaid , shall take the evidence
.
ed by witness
and Justice. upon oath ofthe witnesses, both for, and against the defendant, and also
[*See Ord.
No.2 of1860.] the statement of the defendant himself, and shall put the same, or the mate

rial parts thereof into writing, and shall cause the said witnesses, and the
said defendant, to subscribe such depositions or statement, and he or they
shall also subscribe the same and return the same in the manner herein
after directed.

Justice to 4. And be it enacted , that it shall and may be lawful for any Justice
issue warrant
for apprehen of the Peace, when any information shall be exhibited before him, and in
sion of
defendant in the opinion of such Justice it shall be fit and proper so to do , to grant a
certain cases.
warrant under his hand, directed to some constable, peace officer, or

other proper person , directing such constable, peace officer, or other
proper person to take any offender, against whom such information shall

be laid , and to bring him before such Justice or Justices of the Peace, as
the case may require , at a time and place to be named in such warrant .

Offenders 5. And be it enacted , that it shall be lawful for any person what
to be appre
hended and soever, to require any person , who shall commit in his presence any offence,
conveyed
before a Jus which is or shall be punishable in a summary way, to accompany him
tice of the
Peace. forthwith to the nearest Justice of the Peace, or to tell his full name and

place of abode ; and in case such person shall , after being so required,
offend by refusing to go before such Justice of the Peace, or to tell his
real name, and place of abode , or by giving such a description of his place
of abode, as shall be illusory for the purpose of discovery, it shall
be lawful for the party so requiring as aforesaid, and also for any
person acting in his aid, to apprehend such offender, and to convey
him , or cause him to be conveyed, as soon as conveniently may be
to the nearest Justice of the Peace, who shall have full power to