the-ordinances-of-the-legislative-counci-1890 — Page 62

26 ORDINANCE No. 10 OF 1844 .


Justices ofthe Peace - Summary Jurisdiction.


to the pecuniary penalty, ( if any shall have been inflicted , ) with condition
to prosecute such certiorari at his or their own charges with effect without
any delay, and to pay the party or parties in whose favor, or for whose

benefit, such judgment or order was made within one week after such
judgment or order shall be confirmed , their full costs and charges, as
between attorney and client ; and in case the party or parties , prosecuting
certiorari shall not forthwith enter into such recognizance, or shall not

perform the conditions aforesaid , it shall be lawful for the said Justice or
Justices, to proceed and make such further order for the benefit of the
party, or parties , for whom such judgment shall be given , in such manner
as if no certiorari had been granted , nor shall any writ of certiorari be
granted, issued forth , or allowed , unless it shall be moved and applied for

on special grounds , within one month next after such conviction , judg
ment , order, or other proceeding , shall be had or made, nor unless it shall

be duly proved that the party or parties suing forth the same, hath , or
have given four days notice thereof in writing, to the convicting Justice
or Justices, or any ofthem , containing the ground of his or their objections,
to the end that such Justice or Justices may show cause, if he, or they

shall so think fit , against the issuing, or granting of such certiorari ; and
upon the return of such certiorari, no objections shall be taken by the
party suing forth the same, other than such as shall be stated in the said
notice.

Witnesses not
8. And be it further enacted , that if any person shall be summoned
appearing.
to appear as a witness , to give evidence before any such Justice or Justices,

touching any of the matters aforesaid , and shall neglect to appear at the
time and place for that purpose appointed , without a reasonable excuse for
such neglect, every such person shall for every such offence forfeit and

pay a penalty of not more than one hundred dollars , which said penalty
shall and may be recovered , by proceeding before any one Justice of the
Peace, who is hereby authorized to hear and determine such offence in a
summary way, and shall be levied and distributed in the manner by this

Ordinance provided for other penalties.

Power to 9. And be it further enacted , that in all cases wherein any person
appeal and
manner shall be convicted in any penalty exceeding fifty dollars, or shall be
thereof.
See Ord. No. sentenced to undergo any imprisonment exceeding one month by any
4 of 1858.]
summary judgment or conviction of any Justice or Justices, under or by

virtue of any statute or ordinance, (and no other mode of proceeding