the-ordinances-of-the-legislative-counci-1890 — Page 64

28 ORDINANCE No. 10 OF 1844 .


Justices of the Peace- Summary Jurisdiction.


examinations , and to make such order thereon , as the substantial merits
of the case may require.

Party 11. And be enacted if the Justice or Justices, upon the hearing of
acquitted or
convicted and any complaint in a summary manner, shall deem the offence not to have
having suffer
ed the punish been proved , or to be of so trifling a nature as not to merit any punishinent
mentawarded
To be released and shall accordingly dismiss such complaint, he, or they shall forthwith
from all
further pro make out a certificate under his or their hands , stating the fact of such
ceedings for
the same dismissal, and shall deliver the certificate to the party against whom such
cause.
complaint was preferred , and the party who shall have obtained such
.
certificate, or having been convicted of any offence shall have paid the
whole amount adjudged to have been paid under such conviction , or shall
have suffered such other punishment as may have been awarded therein ,
shall be released from all further proceedings civil or criminal for the same
cause .

Form of 12. And be it enacted, that in all cases, except where a particular
conviction
defects of form of judgment or conviction shall have been, or shall be, by any such
form not to
vitiate any ordinance, directed to be used in that behalf, a judgment or conviction in
proceeding.
the form, or to the effect of the form, (as the case shall happen to be )

prescribed by the schedule to this Ordinance annexed , shall be good valid
and effectual to all intents and purposes whatsoever, without setting forth
or stating in such conviction , the name of any informer , or witness , or
the particular place where the offence was committed or whether the
defendant appeared , or was , or was not summoned to appear, and without
setting forth , or stating the evidence of facts in any further or more
particular manner, than shall be necessary to show that the offence was
one against the true intent, and meaning of the law, and no conviction
warrant of committal or distress, or other proceeding whatsoever, ( whether
under this, or any other ordinance, and whether a particular form shall
have been or shall be in that behalf directed or not ) shall be quashed in
any case, for any mere error, or mistake in any name, or date, or title, or in
any matter of description only, and where any distress shall be made for

levying any money, the distress itself shall not be deemed unlawful , nor
the party making the same be deemed a trespasser , on account of any defect
or want of form in the summons , conviction , warrant of distress , or other
proceedings relating thereto, nor shall the party distraining , be deemed a
trespasser ab initio, on account of any irregularity afterwards committed

by him , but the person aggrieved by such irregularity, may recover