the-ordinances-of-the-legislative-counci-1890v2 — Page 589

MAGISTRATES . [ 10 OF 1890. ] 1179

Peace to act as a Magistrate shall in all proceedings be deemed
and held to be sufficient proof of such appointments respectively
and it shall not be necessary to produce any commission,
appointment or any oath , affidavit or other document in proof
thereof.




PART III .
SUMMARY PROCEDURE .
10. In all cases where a complaint shall be made to or in- Summons to
formation laid before a Magistrate in respect of which such defenda
[ 11 & 12nt.
V.
te er
Magistra has pow to conv ict summ aril y or to mak e an orde r c. 43, s. 1. ]
for the payment of money or otherwise it shall be lawful for
such Magistrate to issue his summons ( 1. ) to the person against
whom such complaint has been made or information laid stating
shortly the matter of such complaint or information and requir
ing him to appear at a certain time and place before a Mayis
trate to answer to the said complaint or information and to be
further dealt with according to law ; and every such summons Mode of
shall be served by a constable, usher or other officer in a Magis- service of
summons .

trate's Court upon the person to whoin it is so directed by
delivering the same to the party personally or by leaving the
same with some person for him at his last or most usual place
of abode ; and the constable, or other officer who shall serve
the same in manner aforesaid shall attend at the time and place
before the Magistrate in the said summons mentioned to depose
if necessary to the service of the said summons : provided No obligation
always, that nothing herein contained shall oblige a Magistrate toissue
to issue a summons in any case where the defendant appears certain cases.
voluntarily or upon bis recognisance or is in the custody of the
police or charged on the charge sheet.
11. If the person so served with a summons as aforesaid shall If summons
not be and appear before the Magistrate at the time and place henotobeyed,
Magistrates
mentioned in such summons, and it shall be made to appear to may issue
such Magistrate, by oath, that such summons was so served warrant ,
[ 11 & 12 V.
within what shall be deemed by such Magistrate to be a reason- c. 43, s. 2.1
able time before the time therein appointed for appearing to the
Same , then it shall be lawful for such Magistrate, if he shall
think fit, upon oath being made before him substantiating the
matter of such complaint or information to his satisfaction, to
issue his warrant ( 11.) to apprehend the person so summoned ,
and to bring such person before him or another Magistrate to
answer to the said complaint or information , and to be further
dealt with according to law ; or upon such information being