The Short Title of this Act shall be “The Justices of the Peace Act 1866.”

In the interpretation of this Act the word “oath” shall include affirmation and unless otherwise specially provided “Justice of the Peace” shall in relation to informations and complaints and the proceedings thereupon mean a Justice of the Peace having jurisdiction in the place in which the matter of the information or complaint shall have arisen and in relation to the taking of declarations and recognizances and other acts authorized or required to be done by a Justice of the Peace shall mean a Justice of the Peace having jurisdiction at the place where the act is to be done and the words “Justices of the Peace” may be held to mean one Justice of the Peace in relation to proceedings as to indictable offences and to matters which one Justice of the Peace shall have jurisdiction to hear and determine and the words “Petty Sessions” shall mean Petty Sessions held under the authority of “The Petty Sessions Act 1865” and the forms referred to by number only in this Act are those in Schedule B. to this Act.

Nothing in this Act contained shall be construed to alter or repeal any of the provisions of “The Customs Regulations Act 1858.”

When any person is charged before a Justice of the Peace with the commission of an offence for which he is liable upon summary conviction for the same before Justices of the Peace to be punished the information shall be taken in writing and shall be in the form (1) or to the effect thereof but need not be substantiated upon oath unless it is intended to issue a warrant to compel the appearance of the person charged.

Every such information shall be laid within six months from the time when the matter of such information arose.

Every such information may be laid by the informant in person or by his counsel or solicitor or other person authorized in writing in that behalf.

Every such information shall be for one offence only.

In any information or the proceedings thereon in which it shall be necessary to state the ownership of any property belonging to or in the possession of partners joint tenants parceners or tenants in common it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others as the case may be and whenever in any information or the proceedings thereon it shall be, necessary to mention for any purpose whatsoever any partners joint tenants parceners or tenants in common it shall be sufficient to describe them in manner aforesaid and whenever in any such information or the proceedings thereon it shall be necessary to describe the ownership of any work or building made maintained or repaired at the expense of any Province or of any Superintendent on behalf of any Province or of any county district city or place or of any materials for the making altering or repairing of the same they may therein be described as the property of the inhabitants of such Province county district city or place respectively and property for the use of any particular district or place may be described as the property of the inhabitants of such district or place.

Every person who shall aid assist counsel or procure the commission of any offence punishable on summary conviction shall be liable to be proceeded against and convicted for the same either together with the principal offender or before or after his conviction and shall be liable on conviction to the same forfeiture and punishment as such principal offender shall be by law liable to and may be proceeded against and convicted either in the place where such principal offender may be convicted or in the place in which such offence of aiding abetting counselling or procuring may have been committed.

It shall be lawful for one Justice of the Peace to receive any such information and to issue his summons or warrant to compel the attendance of the party charged or of any witness and to do all other necessary acts preliminary to the hearing even in cases where such information must be heard and determined by two or more Justices and it shall not be necessary that the Justice who so acts shall be the Justice or one of the Justices by whom the case shall be heard and determined or that such act shall be done within the place where such Justice has jurisdiction.

Any Justice receiving such information may issue his summons (2) directed to the party charged stating shortly the matter of such information and requiring him to appear at a certain time and place before such Justices as shall then be there to answer to the said information and to be further dealt with according to law.

If the matter of the information shall be substantiated by the oath of the informant or by some witness on his behalf it shall be lawful for the Justice receiving such information if he shall see good cause so to do to issue in the first instance without any summons his warrant (4) for apprehending the party charged and bringing him before some Justice of the Peace to answer to the said information and to be further dealt with according to law.

If it shall be made to appear to any Justice of the Peace that any person is likely to give material evidence in behalf of the informant or defendant and is not likely to voluntarily appear as a witness at the time and place appointed for the hearing of such information such Justice shall issue his summons (6) to such person requiring him to appear at the time and place mentioned in such summons before such Justices as shall then be there to testify what he shall know concerning the matter of such information and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons and no just excuse shall be offered for such neglect or refusal then after proof upon oath of such summons having been duly served upon such person and that a reasonable sum was paid or tendered to him for his costs and expenses in that behalf it shall be lawful for any one of the Justices before whom such person should have appeared to issue his warrant (7) for bringing such person at a time and place to be therein mentioned before them or such Justices as shall then be there to testify as aforesaid or if any such Justice shall be satisfied by evidence upon oath that any person likely to give material evidence as aforesaid will not attend to give evidence without being compelled to do so and if the matter of the information has been substantiated upon oath then instead of issuing such summons it shall be lawful for him to issue his warrant (8) in the first instance.

Every such information as aforesaid shall be heard tried determined and adjudged by one or by two or more Justices of the Peace as shall be directed by the Act or Ordinance upon which such information shall be framed or by any other Act or Ordinance containing provision in that behalf and in default of any such direction such information may be heard tried determined and adjudged by one Justice of the Peace Provided that in all cases where such information is required to be heard and determined by two or more Justices such Justices must be present and acting together during the whole of the hearing and determination of the case.

The room in which the Justices shall sit to hear and try any such information shall be deemed an open or public Court to which the public generally may have access so far as the same can conveniently contain them.

Both the informant and the party against whom any such information is laid hereinafter called the defendant shall be at liberty to appear personally or by a barrister or solicitor of the Supreme Court.

Every such information may be withdrawn by the informant either before the time fixed for the hearing thereof by permission of the Justice who shall have received such information or at the time and place of hearing and before the same shall have been adjudicated upon by permission of the Justices who shall then be there and an information so laid and afterwards withdrawn shall not operate as a bar to any other proceedings civil or criminal in the same matter Provided that notwithstanding such withdrawal such Justice or Justices shall have power to award to the defendant such costs as to such Justice or Justices shall seem reasonable and the amount so awarded may be recovered in the same manner as costs awarded to a defendant upon dismissal of a case.

If at the time and place appointed by the summons for hearing any such information the requisite number of Justices for hearing the same be not present any Justice present may adjourn the hearing to a time and place to be then appointed but if the required number of Justices be present the course of proceedings shall be regulated as follows—

If the defendant shall not appear when called and it shall be proved that such summons was duly served upon him a reasonable time before the time thereby appointed for his appearance it shall be lawful for the Justices to proceed to hear such information ex parte and to adjudicate thereon as fully and effectually as if the defendant had personally appeared before them or if the matter of such information be substantiated upon oath such Justices may issue their warrant (4) to apprehend the defendant so failing to appear and adjourn the hearing of the information until he shall be apprehended and upon the apprehension of such defendant he shall be brought before a Justice of the Peace who shall thereupon either by warrant commit him to the gaol or other place of security or if he think fit verbally to the custody of the person apprehending him or to other safe custody and shall order him to be brought up at a certain time and place before such Justices as shall then be there of which order the informant shall have due notice or

If the defendant be present and the informant having had such notice as aforesaid shall not appear the Justices shall dismiss such information unless for some reason they shall think proper to adjourn the hearing thereof to some other day upon such terms as they shall think fit or

If both parties appear the Justices shall proceed to hear and determine the same.

The Justices shall if they think fit or if required so to do at any time during the hearing by either party order that all witnesses other than the witness under examination and the counsel or solicitors of the parties do go and remain outside the Court until required to give evidence and the said Justices may at any time during the hearing require the parties to state what witnesses they intend to call and may if they shall think fit refuse to examine any witness whose name shall not have been so stated and if any witness shall wilfully disobey such order he shall be deemed guilty of contempt of Court and may be punished accordingly in like manner as persons guilty of other contempts of Court are hereby made punishable.

When the defendant shall be present at the hearing the substance of the information shall be stated to him and he shall be asked if he have any cause to show why he should not be convicted and if he shall thereupon admit the truth of such information and show no sufficient cause why he should not be convicted the Justices present shall convict him accordingly but if he do not admit the truth of such information the Justices shall proceed to hear the informant and such witnesses as he may examine and such other evidence as he may adduce in support of his information and also to hear the defendant and such witnesses as he may examine and such other evidence as he may adduce in his defence and also to hear such witnesses as the informant may examine in reply if the defendant shall have examined any witness or given any evidence other than as to his the defendant’s general character and either party shall be at liberty to have the witnesses examined and cross-examined by a barrister or solicitor of the Supreme Court on his behalf but the informant shall not be entitled to make any observations in reply upon the evidence given by the defendant nor shall the defendant be entitled to make any observations in reply upon the evidence given by the informant in reply as aforesaid Provided that if the information shall negative any exemption exception proviso or condition in the Act or Ordinance on which the same shall be framed it shall not be necessary for the informant to prove such negative but the defendant may prove the affirmative thereof in his defence if he would have advantage of the same.

The Justices having heard what each party shall have to say and the witnesses and evidence so adduced shall consider the whole matter and determine the same and shall convict the defendant or dismiss the information either upon the merits or without prejudice to its being again laid.

If the Justices shall convict the defendant a minute or memorandum thereof shall then be made for which no fee shall be paid and the conviction shall afterwards when it shall become necessary so to do be drawn up by the Justices in proper form (12)(13) under their hands and they shall cause the same to be lodged with the Registrar of the Supreme Court to be by him filed.

If the Justices shall dismiss such information after hearing upon the merits they shall being required so to do make an order of dismissal (16) of the same and shall give the defendant a certificate (17) of such dismissal which certificate being produced shall be a bar to any subsequent information for the same matter against the same party.

If any person shall be convicted before Justices of the Peace for an offence for which a greater punishment may be awarded when the offender has been previously convicted of a like offence it shall be lawful for such Justices to receive evidence of any such previous conviction and to pass sentence accordingly although the fact of such previous conviction may not have been set forth in the information.

Where any person charged with the commission of any offence shall be brought up in custody or shall voluntarily appear to answer to the charge before Justices of the Peace having jurisdiction to hear and determine the same in a summary way it shall be lawful for such Justices to hear and determine the case without first receiving an information in writing unless either of the parties to the case before the commencement of the hearing shall require them to take information in writing.

No objection shall be taken or allowed to any information summons or warrant to compel the appearance of the party charged for any alleged defect therein in substance or form or for any variance between such information summons or warrant as aforesaid and the evidence adduced on the part of the informant at the hearing thereof and in case of any such variance as to the time at which the offence shall be alleged to have been committed it shall be sufficient if it be proved that such information was in fact laid within the time limited by law for laying the same and in case of any such variance as to the place in which the offence shall be alleged to have been committed it shall be sufficient if it be proved that such offence was committed within the jurisdiction of the Justices by whom such information shall be heard and determined Provided always that in case of any such variance between the information and the evidence adduced in support thereof it shall be lawful for the Justices hearing the case if they shall think fit to amend such information and if they shall think that the party charged by such information has been deceived or misled by such variance to adjourn the hearing of the case to some future day upon such terms as they shall think fit.

Every witness at any such hearing as aforesaid shall be examined upon oath (9) and the Justices before whom any such witness shall appear for the purpose of being so examined shall have full power and authority to administer the usual oath to such witness.

At the hearing of any such information any person present in Court whether he shall have been summoned to give evidence or not may be required to give evidence and if he shall refuse so to do or shall refuse to be sworn or having been sworn shall refuse to answer such questions concerning the matter of such information as shall then be put to him without offering any just excuse for such refusal the Justices of the Peace having cognizance of the case may commit (11) the person so refusing to any convenient gaol lock-up house or other place of security or to such other safe custody as such Justices may think fit there to remain and be imprisoned for any time not exceeding seven days unless he shall in the meantime consent to be examined and to answer concerning the premises.

It shall be lawful for the Justices hearing any such information to order the party at whose instance any witness shall have been summoned to pay to such witness any such sum not exceeding ten shillings as to such Justices shall seem fit for his expenses or loss of time for each day of attending to give evidence and if the witness shall reside beyond one mile from the place of hearing a sum not exceeding one shilling for every extra mile for travelling expenses to be reckoned for one way only and if the sums so ordered to be paid be not paid within such time as such Justices shall appoint then any Justice of the Peace may issue his warrant to levy the same by distress and sale of the goods of such party.

Before or during the hearing of any such information it shall be lawful for any one Justice or for the Justices present in their discretion to adjourn the hearing of the same to a certain time and place to be then appointed and stated in the presence and hearing of the parties or their respective attorneys or agents then present and if necessary further to adjourn such hearing from time to time in manner aforesaid.

Whenever the hearing of any such information shall be adjourned for any cause whatever the Justices adjourning the same may suffer the defendant to go at large or may commit him (5) in the meantime to some convenient gaol lock-up house or other place of security or to such other safe custody as such Justices shall think fit or may discharge him upon his entering into a recognizance (53) with or without surety or sureties at the discretion of such Justices conditioned for his appearance at the time and place to which such hearing shall be adjourned and if at the time or place to which such hearing shall be adjourned both of the parties or either of them shall fail to appear it shall be lawful for the Justices who shall then be there to proceed to such hearing as if such parties were present or if the informant shall not appear such Justices may dismiss such information with or without costs as to such Justices shall seem fit.

When a defendant shall be discharged on recognizance as aforesaid and shall not afterwards appear at the time and place mentioned in such recognizance any Justice who may then be there present may issue his warrant in manner aforesaid for the apprehension of such defendant and may certify on the back of such recognizance the non-appearance of such defendant and such certificate shall be deemed sufficient prima facie evidence of the non-appearance of the said defendant.

In all cases of conviction upon any such information the Justices convicting may draw up their conviction on parchment or on paper in such one of the forms of conviction in the Schedule B. to this Act as shall be applicable to the case or to the like effect.

In all cases of summary conviction the convicting Justices may order by such conviction that the defendant shall pay to the informant such costs as to such Justices shall seem just and reasonable and in cases where the Justices instead of convicting shall dismiss the information it shall be lawful for them in their discretion by their order of dismissal (16) to award and order that the informant shall pay to the defendant such costs as to the said Justices shall seem just and reasonable And the sums so allowed for costs shall in all cases be specified in such conviction or order of dismissal.

All costs which Justices of the Peace may under any of the foregoing provisions order to be paid shall in cases where a penalty is by the conviction ordered to be paid be recoverable in the same manner and under the same warrants as such penalty shall be recoverable and in cases where there is no such penalty to be recovered then such costs shall be recoverable by distress and sale of the goods and chattels of the party ordered to pay the same (27) and in default of such distress the party ordered to pay the same may if the convicting Justice think fit be imprisoned with or without hard labour for any time not exceeding one month unless such costs and all costs and charges of the distress and also the costs of the commitment and conveying of such party to prison if the Justice issuing the warrant of commitment (28)(29) shall think fit so to order (the amount thereof being ascertained and stated in such warrant) shall be sooner paid Provided that where any party against whom such order for the payment of costs shall have been made or his counsel or solicitor shall not have been present in Court at the time of the making of such order such party shall be entitled to be served with a copy of the minute of such order before any warrant of distress or committal shall issue to enforce payment of such costs Provided further that when the person against whom such order shall be made shall have been convicted and adjudged to be imprisoned for his offence the term of imprisonment which may be awarded in default of payment of costs may be made to commence at the termination of the imprisonment he shall then be undergoing.

In all cases where a conviction adjudges a pecuniary penalty or compensation to be paid if such penalty or compensation be not paid within the time limited by such conviction for the payment thereof and if no different mode of raising or of enforcing payment of the same is provided by any Act it shall be lawful for any Justice of the Peace to issue his warrant of distress (18) for the purpose of levying the same or so much thereof as shall then remain unpaid which warrant of distress shall be under the hand of the Justice making the same and if after delivery of such warrant of distress to the constable to whom the same shall be directed for the purpose of execution sufficient distress shall not be found within the jurisdiction of the Justice granting such warrant then if such warrant shall be produced before any other Justice of the Peace having jurisdiction within any other part of the Colony and proof be given upon oath that such warrant is in the handwriting of the Justice by whom the same purports to be granted the Justice before whom such warrant shall be produced shall make an indorsement (20) thereupon signed with his hand authorizing the execution thereof within the limits of his jurisdiction and the moneys by such warrant to be levied or so much thereof as shall not have been before levied or paid shall and may thereupon be levied by the person bringing such warrant or by the person to whom such warrant was originally directed or by any constable by distress and sale of the goods and chattels of the defendant within the limits of the jurisdiction of the Justice soindorsing the warrant.

When a Justice of the Peace shall issue any such warrant of distress it shall be lawful for him to suffer the defendant to go at large or verbally or by written warrant to order him to be detained in custody until return shall be made to such warrant of distress unless such defendant shall give sufficient security by recognizance or otherwise to the satisfaction of such Justice for his appearance at the time and place appointed for the return of such warrant of distress before such Justices as may then be there and if a defendant shall give security by recognizance as aforesaid and shall not afterwards appear at the time and place in such recognizance mentioned in that behalf any Justice who may then be there present may certify on the back of the recognizance the non-appearance of the defendant and such certificate shall be deemed prima facie evidence of the non-appearance of such defendant.

If at the time and place appointed for the return of any such warrant of distress the constable who shall have had the execution of the same shall return (21) that he could find no sufficient goods or chattels whereon he could levy the sums therein mentioned together with the costs of or occasioned by the levying of the same it shall be lawful for the Justice of the Peace to whom such return shall be made to issue his warrant of commitment (22) under his hand directed to any constable reciting the conviction shortly the issuing of the warrant of distress and the return thereto and requiring such constable to convey the defendant to some convenient gaol therein named there to deliver him to the keeper thereof and requiring such keeper to receive the defendant into such gaol and there to imprison him or to imprison him and keep him to hard labour in such manner and for such time as shall have been adjudged by the conviction in that behalf unless the sum or sums adjudged to be paid and all costs and charges of the distress and also the costs and charges of the commitment and conveying of the defendant to prison if the Justice issuing the warrant shall think fit so to order (the amount thereof being ascertained and stated in such commitment) be sooner paid or in case no term of imprisonment in default of sufficient distress shall have been fixed by the convicting Justices such committal may be for such time and in such manner as the Justice issuing such warrant of commitment shall by such warrant appoint Provided that the imprisonment so to be adjudged shall be for such time and in such manner as shall have been directed by the Act or Ordinance upon which the conviction is founded and in default of any such direction such imprisonment may be for any time not exceeding one calendar month for every five pounds of penalty and costs inclusive or for any fractional part of five pounds so to be paid and not exceeding in the whole three calendar months.

If it shall appear to any Justice of the Peace to whom application shall be made for any such warrant of distress as aforesaid that the issuing thereof would be ruinous to the defendant and his family or wherever it shall appear to such Justice by the confession of the defendant or otherwise that he hath no goods or chattels whereon to levy such distress or in any case where the amount of penalty and costs shall not exceed five pounds it shall be lawful for such Justice if he shall deem it fit instead of issuing such warrant of distress to commit (22) such defendant to some convenient gaol there to be imprisoned with or without hard labour for such time and in such manner as by law such defendant might be so committed in case such warrant of distress had issued and no goods or chattels could be found whereon to levy such penalty and costs.

When the Act or Ordinance by virtue of which a conviction for a penalty or compensation is made makes no provision for such penalty or compensation being levied by distress but directs that if the same be not paid forthwith or within a certain time therein mentioned or to be mentioned in such conviction the defendant shall be imprisoned and kept to hard labour for a certain time unless such penalty or compensation shall be sooner paid in such case the penalty or compensation shall not be levied by distress but if the defendant do not pay the same together with costs if awarded forthwith or at the time specified in such conviction for the payment of the same it shall be lawful for any Justice of the Peace to issue his warrant of commitment (23) under his hand requiring the constable to whom the same shall be directed to take and convey such defendant to some convenient gaol to be in such warrant named and there to deliver him to the keeper thereof and requiring such keeper to receive such defendant into such gaol and there to imprison him or imprison him and keep him to hard labour (as the case may be) for such time as the Act or Ordinance on which such conviction is founded shall direct unless the sum or sums adjudged to be paid and also the costs and charges of the commitment and conveying the defendant to prison if such Justice shall think fit so to order shall be sooner paid.

When a conviction does not order the payment of any penalty but that the defendant be imprisoned or imprisoned and kept to hard labour for his offence it shall be lawful for any Justice having jurisdiction at the place where the conviction was made to issue his warrant of commitment (25) under his hand requiring the constable to whom the same shall be directed to take and convey such defendant to some convenient gaol to be in such warrant named and there to deliver him to the keeper thereof and requiring such keeper to receive the defendant into such gaol and there to imprison him or to imprison him and keep him to hard labour (as the case may be) for such time as the Act or Ordinance on which such conviction is founded shall direct.

In all cases of summary conviction where the party convicted shall be sentenced to imprisonment whether in the first instance or in default of payment of a penalty such imprisonment shall be with or without hard labour at the discretion of the Justice or Justices sentencing.

When any Justice of the Peace shall issue his warrant of commitment against any person who shall have been summarily convicted of an offence and who shall then be undergoing imprisonment or under sentence of imprisonment upon the adjudication of a competent Court for some other offence or matter it shall be lawful for such Justice if he shall think fit to award and order in and by such warrant that the imprisonment by such warrant ordered shall commence at the expiration of the imprisonment to which the person committed by such warrant shall have been previously sentenced and the warrant of commitment in every such case shall be forthwith delivered to the gaoler to whom the same shall be directed.

After an information shall have been heard and determined in manner aforesaid one Justice may issue all warrants of distress or committal thereupon and it shall not be necessary that the Justice who so acts shall be the Justice or one of the Justices by whom the said case shall have been heard and determined or that such act shall be done within the place for which such Justice has jurisdiction.

In all cases where a complaint not being in a matter as to which jurisdiction is given to Justices by an Act passed or intended to be passed in the present Session of the General Assembly intituled “The Resident Magistrates Act 1866” shall be made to any Justice upon which Justices of the Peace shall have authority by law to make any order for the payment of money or otherwise the complaint shall be in writing and for one matter of complaint only and shall be made within six months after the matter of the complaint shall have arisen and the proceedings shall be in all respects so far as may be the same as are hereinbefore provided in the case of informations for offences punishable upon summary conviction and every Justice of the Peace shall have the same authority to receive any such complaint and to issue warrants or summonses thereupon for compelling the appearance of the parties or witnesses and to hear determine and dispose of or permit the withdrawal of such complaint and to order costs to be paid by either party and to issue warrants of distress (19) or commitment (24) to compel obedience to any order to be made upon the hearing of such complaint and to act generally in the matter of any such complaint as is hereinbefore given to him in the case of such informations as aforesaid and orders (14)(15)(16) made upon such complaints shall be drawn up and lodged with the Registrar of the Supreme Court in like maimer as herein provided in the case of convictions and where an order shall be made by any such Justice and where no particular form of order is or shall be given by the statute giving authority to make such order and in all cases of orders to be made under authority of any statute hitherto passed whether any particular form of order shall therein be given or not it shall be lawful for such Justice by whom such order is to be made to draw up the same in such one of the forms of orders in the Schedule to the Act contained as may be applicable to the case or to the like effect Provided that nothing herein contained shall oblige any Justice of the Peace to issue any summons to compel the appearance of a party complained against when the application for any order of Justices is by law to be made ex parte and that it shall not be lawful to issue a warrant for the apprehension of a person complained against until he shall first have been summoned to appear and shall have failed to obey such summons Provided also that the defendant shall be competent and may be compelled to give evidence upon the hearing of any such complaint Provided further that in all cases where a Justice of the Peace shall have authority to commit a person to prison or to levy any sum upon his goods or chattels by distress for not obeying an order of a Justice or Justices the defendant shall be served with a copy of the minute of such order before any warrant of commitment or of distress shall issue in that behalf and such order or minute shall not form any part of such warrant of commitment or of distress.

When an order is not for the payment of money but for the doing of some other act and directs that in case of the defendant’s neglect or refusal to do such act he shall be imprisoned or imprisoned and kept to hard labour and the defendant neglects or refuses to do such act in every such case it shall be lawful for any Justice of the Peace to issue his warrant of commitment (26) under his hand requiring the constable to whom the same shall be directed to take and convey such defendant to some convenient gaol of the Colony therein to be named and there deliver him to the keeper thereof and requiring such keeper to receive such defendant and there to imprison him or to imprison him and keep him to hard labour (as the case may be) for such time as the Act or Ordinance on which such order is founded shall direct and in any such case where by such order any sum for costs shall be adjudged to be paid by the defendant to the Complainant the payment of such costs may be enforced in like manner as is hereinbefore provided in the case of costs ordered upon a conviction when the offence is punishable by imprisonment in the first instance.

Whenever a charge shall be made before any Justice of the Peace that any person has committed or is suspected to have committed any indictable offence whatsoever within the limits of the jurisdiction of such Justice or that any person guilty or suspected to be guilty of having committed any such offence elsewhere out of the jurisdiction of such Justice is residing or being or is suspected to reside or be within the limits of the jurisdiction of such Justice if the person so charged be not already in custody it shall be lawful for such Justice to issue his warrant (4) to apprehend such person and to cause him to be brought before some Justice of the Peace to answer such charge and to be further dealt with according to law Provided always that it shall be lawful for the Justice to whom any such charge shall be preferred if he shall so think fit instead of issuing in the first instance his warrant to apprehend the person so charged to issue his summons (2) directed to such person stating shortly the matter of such charge and requiring him to appear at a time and place to be therein mentioned before such Justices as may then be there and if after being duly served with such summons he shall fail to appear at such time and place any Justice of the Peace may issue his warrant to apprehend such person so charged and cause such person to be brought before some Justice or Justices of the Peace to answer to the said charge and to be further dealt with according to law Provided nevertheless that nothing herein contained shall prevent any Justice of the Peace from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in such summons for the appearance of the said accused party.

In all cases of indictable offences of any kind or nature whatsoever committed on the high seas or in any creek harbour haven or other place in which the Admiralty of England have or claim to have jurisdiction and in all cases of offences committed on land beyond the seas for which an indictment may legally be preferred in the Colony it shall he lawful for any Justice of the Peace having jurisdiction at the place in which any person charged with having committed or with being suspected to have committed any such offence shall be suspected to reside or be to issue his warrant (31) to apprehend the person so charged and to cause him to be brought before some Justice or Justices of the Peace to answer to the said charge and to be further dealt with according to law.

In all cases where a charge for any indictable offence shall be made before any Justice as aforesaid if the person charged be not already in custody information in writing (30) on the oath of the informant or of some witness or witnesses in that behalf shall be laid before such Justice.

No objection shall be taken or allowed to any such information summons or warrant as aforesaid for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the Justices who shall take the examinations of the witnesses in that behalf as hereinafter mentioned but if any such variance shall appear to such Justices to be such that the party charged has been thereby deceived or misled it shall he lawful for such Justices at the request of the party so charged to adjourn the hearing of the case to some future day and in the meantime to remand the party so charged or admit him to bail in manner hereinafter mentioned.

If it shall be made to appear to any Justice of the Peace by the oath of any credible person that any person is likely to give material evidence as to the facts and circumstances of the case whether for the prosecution or for the party charged and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the examination of the witnesses against the accused such Justice shall issue his summons (6) to such person requiring him to be and appear at a time and place mentioned in such summons before such Justices of the Peace as shall then be there to testify what he shall know concerning the charge made against such accused party and if any person so summoned shall neglect or refuse to appear at the time and place appointed by the said summons and no just excuse shall be offered for such neglect or refusal then (after proof of such summons having been duly served upon such person) it shall be lawful for any one of the Justices before whom such person should have appeared to issue a warrant under his hand (7) to bring and have such person at a time and place to be therein mentioned before such Justices of the Peace as shall then be there to testify as aforesaid or if such Justice shall be satisfied by evidence upon oath that it-is probable that such person will not attend to give evidence without being compelled so to do then instead of issuing such summons it shall be lawful for him to issue his warrant (8) in the first instance.

In all cases where any person shall appear or be brought before Justices of the Peace charged with any indictable offence whether such person appear voluntarily upon summons or have been apprehended with or without warrant or be in custody for the same or any other offence such Justices before they shall commit such accused person to prison for trial or before they shall admit him to bail shall in the presence of such accused person who shall be at liberty to put questions to any witness produced against him take the statement on oath of those who shall know the facts and circumstances of the case and shall put the same into writing (32) and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined and shall be signed also by the Justices or one of the Justices taking the same and the Justices before whom any such witness shall appear to be examined as aforesaid shall before such witness is examined administer to such witness the usual oath which such Justices shall have full power and authority to do.

The room or building in which such Justices shall take such examinations and statement as aforesaid shall not be deemed an open court for that purpose and it shall be lawful for such Justices in their discretion to order that no person shall have access to or be or remain in such room or building without the consent or permission of such Justices if it appear to them that the ends of justice will be best answered by so doing.

If at the time and place appointed for the examination of the witnesses against a person charged with an indictable offence any person appearing as a witness either in obedience to a summons or by virtue of a warrant or being present and being required by the Justices taking such examination to give evidence shall refuse to be examined upon oath concerning the matter of the information or having taken such oath shall refuse to answer such questions concerning the said matter as shall then be put to him without offering any just excuse for such refusal the Justices then present may adjourn the proceedings for any period not exceeding eight clear days and any one of them may by warrant (11) under his hand commit the person so refusing to any convenient gaol there to remain and be imprisoned in the meantime unless he shall sooner consent to be sworn or to answer as aforesaid and if such witness upon being brought up upon such adjourned hearing shall again refuse to be sworn or to give evidence as aforesaid the Justices then present if they shall see fit may again adjourn the proceedings and commit the witness for the like period and so again from time to time until he shall consent to be sworn or to answer as aforesaid but nothing herein contained shall prevent the Justices from sending any such case for trial or otherwise disposing of the same in the meantime according to any other sufficient evidence which shall have been received by them.

If from the absence of witnesses or from any other reasonable cause it shall become necessary or advisable to defer the examination of the witnesses for any time it shall be lawful for the Justices before whom the accused shall appear or be brought by warrant signed by them or one of them (5) from time to time to remand the party accused for such time as by such Justices in their discretion shall be deemed reasonable not exceeding eight clear days to any convenient gaol or place of security or if the remand be for a time not exceeding three clear days it shall be lawful for such Justices verbally to order the constable or other person in whose custody such party accused may then be or any other constable or person to be named by the said Justices in that behalf to keep such party accused in his custody and to bring him before the same or such other Justices as shall be there acting at the time appointed for continuing such examination Provided always that any such Justice may order such accused party to be brought before him or before any other Justice or Justices of the Peace at any time before the expiration of the time for which such accused party shall be so remanded and the gaoler or officer in whose custody he shall then he shall duly obey such order Provided also that instead of detaining the accused party in custody during the period for which he shall be so remanded any one Justice of the Peace before whom such accused party shall so appear or be brought as aforesaid may discharge him upon his entering into a recognizance (53) with or without a surety or sureties at the discretion of such Justice conditioned for his appearance at the time and place appointed for the continuance of such examination and if such accused party shall not afterwards appear at the time and place mentioned in such recognizance then any Justice of the Peace who may then and there be present may certify (55) on the back of the recognizance the non-appearance of such accused party and such certificate shall be deemed sufficient prima facie evidence of the non-appearance of the said accused party.

When the examination of the witnesses on the part of the prosecution shall have been completed one of the Justices before whom such examination shall have been so completed as aforesaid shall without requiring the attendance of the witnesses read or cause to be read to the accused the depositions taken against him and shall say to him these words or words to the like effect “Having heard the evidence do you wish to say anything in answer to the charge you are not obliged to say anything unless you desire to do so but whatever you do say will be taken down in writing and may be given in evidence against you upon your trial and you are clearly to understand that you have nothing to hope from any promise of favour and nothing to fear from any threat which may have been holden out to you to induce you to make any admission or confession of your guilt but that whatever you shall now say may be given in evidence against you upon your trial notwithstanding such promise or threat” and whatever the prisoner shall then say in answer thereto shall he taken down in writing (33) and read over to him and shall be signed by the. Justices or one of them and kept with the depositions of the witnesses and shall be transmitted with them as hereinafter mentioned and afterwards upon the trial of the said accused person the same may if necessary be given in evidence against him without further proof thereof unless it shall be proved that the Justice or Justices purporting to sign the same did not in fact sign the same Provided nevertheless that nothing herein enacted or contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the person accused or charged whensoever made which by law would be admissible as evidence against such person.

After the accused shall have been so cautioned as aforesaid and shall have said what he shall wish to say in answer to the charge the Justices shall if required to do so by the accused take the statement upon oath of such persons as shall be in attendance to give evidence on behalf of the accused and shall put such statement into writing and such depositions shall be read over to and signed by the witnesses who shall have been so examined and shall be signed also by the Justices or one of the Justices taking the same.

When all the evidence offered upon the part of the prosecution against the accused party shall have been heard if the Justices of the Peace then present shall he of opinion that it is not sufficient to put such accused party upon his trial for any indictable offence such Justices shall forthwith order such accused party if in custody to be discharged as to the information then under inquiry and shall note upon the information or depositions the mode in which the case has been dealt with but if in the opinion of such Justices such evidence is sufficient to put the accused party upon his trial for an indictable offence or if the evidence given raise a strong or probable presumption of the guilt of such accused party then such Justices shall by warrant (36) commit him to some public gaol to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinafter mentioned.

It shall be lawful for the Justices before whom any such witness shall he examined as aforesaid to bind by recognizance (53) the prosecutor and every such witness to appear at the Court at which the accused is to be tried then and there to prosecute or to prosecute and give evidence or to give evidence as the case may be against the party accused or if any such witness shall be a married woman or minor under the age of fifteen years the Justices may if they think fit require that the husband of such woman or the father of such minor or some other sufficient surety shall enter into a recognizance conditioned for the appearance of such married woman or minor at the trial of the accused there to give evidence as aforesaid.

If any such witness shall refuse to enter into or acknowledge such recognizance as aforesaid it shall he lawful for such Justices or one of them by his or their warrant (34) to commit him to the gaol of the place where the accused party is to be tried there to be imprisoned and safely kept until the trial of such accused party and to be produced by the gaoler at such trial unless in the meantime such witness shall duly enter into such recognizance before some Justice of the Peace or find such surety as aforesaid Provided nevertheless that if afterwards from want of sufficient evidence in that behalf or other cause the Justices before whom such accused party shall have been brought shall not commit him or hold him to bail for the offence with which he is charged it shall be lawful for such Justices or any other Justice having there jurisdiction by order in writing (35) to order the keeper of the gaol where such witness shall be so in custody to discharge him and such keeper shall thereupon forthwith discharge him accordingly.

Where any person shall appear or be brought before a Justice of the Peace charged with any felony or with any assault with intent to commit any felony or with any attempt to commit any felony or with obtaining or attempting to obtain property by false pretences or with a misdemeanour in receiving property stolen or obtained by false pretences or with perjury or subornation of perjury or with concealing the birth of a child by secretly burying or otherwise or with wilful or indecent exposure of the person or with unlawfully and carnally knowing and abusing any girl being above the age of ten years and under the age of twelve years or with unlawfully taking or causing to be taken any unmarried girl being under the age of sixteen years out of the possession and against the will of her father or mother or of any other person having the lawful care or charge of her or with conspiring to charge any person with any felony or to indict any person of any felony or with conspiring to commit any felony or with riot or with assault in pursuance of a conspiracy to raise wages or with assault upon a peace officer in the execution of his duty or upon any person acting in his aid or with any assault for which an information shall have been laid by the injured party before Justices of the Peace for summary decision but which such Justices shall have considered a fit subject for prosecution by indictment and dealt with by binding over the informant to prosecute or with neglect or breach of duty as a peace officer such Justice of the Peace may in his discretion admit such person to bail upon his procuring and producing such surety or sureties as in the opinion of such Justice will be sufficient to ensure the appearance of such accused person at the time and place when and where he is to be tried for such offence and thereupon such Justice shall admit him to bail in manner aforesaid Provided nevertheless that no Justices of the Peace shall admit any person to bail for treason nor shall such person be admitted to bail except by order of the Governor or of a Judge of the Supreme Court.

In all cases where a person charged with any indictable offence shall be committed to gaol to take his trial for the same it shall be lawful at any time afterwards and before the first day of the sitting at which he is to be tried or before the day to which such sitting may be adjourned for the Justices of the Peace who shall have signed the warrant for his commitment in their discretion to admit such accused person to bail in manner aforesaid or if such committing Justices shall be of opinion that for any of the offences in the last section mentioned the said accused person ought to be admitted to bail they shall in such cases certify (37) on the back of the warrant of commitment their consent to such accused party being bailed and shall in such cases and in all other cases of misdemeanour also there certify the amount of bail which ought to be required and may if they think fit by such certificate require that the accused party shall give to the prosecutor or his solicitor reasonable notice of his intention to put in bail with the names abodes and qualities of his proposed sureties and thereupon it shall be lawful for any Justice of the Peace attending or being at the gaol where such accused party shall be in custody on production of such certificate to admit such accused person to hail in manner aforesaid or if it shall be inconvenient for the surety or sureties in such a case to attend at such gaol to join with such accused person in the recognizance of bail then such committing Justices may make a duplicate of such certificate as aforesaid and upon the same being produced to any Justice of the Peace it shall be lawful for such last mentioned Justice to take the recognizance of the surety or sureties in conformity with such certificate and upon such recognizance being transmitted to the keeper of such gaol and produced together with the certificate on the warrant of commitment as aforesaid to any Justice of the Peace attending or being at such gaol it shall be lawful for such last-mentioned Justice thereupon to take the recognizance of such accused party and to order him to be discharged out of custody as to that commitment by warrant of deliverance as hereinafter mentioned.

Where any person shall be charged before any Justice of the Peace with any indictable misdemeanour other than those hereinbefore mentioned such Justice after taking the examinations in writing as aforesaid instead of committing him to prison for such offence shall admit him to bail and shall take the recognizance (53) of the said accused person and his surety or sureties conditioned for the appearance of such accused person at the time and place of trial and that he will then surrender and take his trial and not depart the Court without leave or if he have been committed to prison and shall apply to any one of the Visiting Justices of such prison or to any other Justice of the Peace before the first day of the sitting at which he is to be tried or before the day to which such sitting may be adjourned to be admitted to bail such Justice shall accordingly admit him to bail in manner aforesaid.

When any accused person in custody shall be admitted to bail by a Justice of the Peace other than one of the committing Justices the Justice of the Peace so admitting him to bail shall forthwith transmit the recognizance or recognizances of bail to the committing Justices or one of them to be by them transmitted with the examinations to the proper officer.

In all cases where a Justice of the Peace shall admit to bail any person who shall then be in any prison charged with the offence for which he shall be so admitted to bail such Justice shall send to or cause to be lodged with the keeper of such prison a warrant of deliverance (38) under his hand requiring the said keeper to discharge the person so admitted to bail if he be detained for no other offence and upon such warrant of deliverance being delivered to or lodged with such keeper he shall forthwith obey the same.

Whenever a person shall appear or be brought before a Justice of the Peace charged with an indictable offence alleged to have been committed by him in some other Province than that in which the said Justice shall then be it shall be lawful for such Justice and he is hereby required to examine such witnesses and receive such evidence in proof of such charge as shall be produced before him and if in his opinion such evidence shall be sufficient to put the accused party on his trial such Justice shall thereupon commit him to some gaol to which persons charged with the commission of indictable offences in the Province where the offence is alleged to have been committed are usually committed for trial or shall admit him to bail as hereinbefore mentioned and shall bind over the prosecutor (if he have appeared before him) and the witnesses by recognizance as is hereinbefore mentioned but if such evidence shall not in the opinion of such Justice be sufficient to put the accused party upon his trial for the offence with which he is so charged then such Justice shall bind over such witnesses as he shall have examined by recognizance to give evidence as hereinbefore is mentioned and shall by warrant (39) under his hand order such accused party to be taken before some Justice of the Peace near unto the place where the offence is alleged to have been committed and shall at the same time deliver the information and also the depositions and recognizances so taken by him to the constable who shall have the execution of such last-mentioned warrant to be by him delivered to the Justice before whom he shall take the accused in obedience to the said warrant and such depositions and recognizances shall be deemed to be taken in the case and shall be treated to all intents and purposes as if they had been taken by or before the last-mentioned Justice and shall together with such depositions and recognizances as such last-mentioned Justice shall take in the matter of the charge against the accused party be transmitted to the Registrar or Clerk of the Court where the said accused party is to be tried in the manner and at the time hereinafter mentioned if such accused party shall be committed for trial upon the said charge or admitted to bail Provided always that if such last-mentioned Justice shall not think the evidence against such accused party sufficient to put him upon his trial and shall discharge him without holding him to bail every recognizance taken by the Justice before whom the accused shall first have appeared or been brought shall be null and void Provided also that it shall be lawful for any such Justice if he shall think fit to commit any person examined before him on any such charge as aforesaid to any public gaol situate either within the Province where such Justice shall at the time be sitting or situate in any other Province so as such gaol is within the Judicial District wherein the offence is alleged to have been committed or when any such Justice shall determine to hold any such person to bail to appear and plead it shall be lawful for such Justice to hold any such person to bail to appear and plead to such indictment as may be found against him at such Circuit Court or sitting of the Supreme Court to be holden within the Judicial District where the offence is alleged to have been committed as such Justice shall think fit.

When any constable to whom such warrant as in the last section mentioned shall have been directed shall have obeyed the same by conveying the accused party before a Justice near unto the place where the offence is alleged to have been committed and delivering him into the custody of such person as the Justice shall direct he shall be entitled to be paid his costs and expenses and upon the said constable delivering to the said Justice the warrant information (if any) depositions and recognizances aforesaid and proving by oath the handwriting of the Justice who shall have signed the same the Justice to whom the accused party is so produced shall thereupon forthwith ascertain the sum which ought to be paid to such constable for conveying such accused party and taking him before such Justice as also his reasonable costs and expenses of returning and thereupon such Justice shall make an order (40) for payment to such constable of the sum so ascertained to be payable to him in that behalf and such order being produced to the Colonial Treasurer shall be sufficient authority for the payment of such sum by the said Treasurer.

When any person shall be charged before a Justice of the Peace with an indictable offence and the evidence shall appear to such Justice sufficient to put the accused upon his trial for felony or for one of the offences specified in section sixty-one of this Act it shall be lawful for such Justice if he shall think fit to ascertain what sums of money will be reasonable and sufficient to reimburse the prosecutor and witnesses for the expenses they shall severally have incurred in attending before such Justice and also to compensate them for their trouble and loss of time therein and to grant a certificate (41) thereof before the trial or attendance in Court and the Court before which the accused person shall be prosecuted or tried may order payment to the prosecutor and witnesses of the sums so certified or of so much thereof as it shall judge reasonably and sufficient and the amount so ordered to be paid shall be certified by the proper officer of such Court and shall upon production of the certificate of such officer be paid by the Colonial Treasurer.

When after such examination as aforesaid any person shall be committed or held to bail to take his trial for an indictable offence the several recognizances so taken together with the written information (if any) the depositions the statement of the accused and the recognizance of bail (if any) shall be delivered by the said Justices or they shall cause the same to be delivered to the proper officer of the Court in which the trial is to be had before or at the opening of the said Court on the first day of the sitting thereof or at such other time as the judge who is to preside in such Court at the said trial shall order.

At any time after all the examinations aforesaid shall have been completed and before the first day of the sittings of the Court at which any person so committed to prison or admitted to bail as aforesaid is to be tried both the prosecutor and the accused may require and shall be entitled to have of and from the person having the custody thereof copies of the depositions on which the accused shall have been committed or bailed on payment of a reasonable sum for the same not exceeding at the rate of four pence for each folio of ninety words Provided that any Justice of the Peace may if he shall think fit order one copy to be supplied to each accused person without any payment.

If the evidence shall have appeared insufficient to put the person accused upon his trial the depositions of the witnesses if taken at a Petty Sessions Court or Resident Magistrate’s Court shall be preserved by the Clerk of such Court and if taken elsewhere shall be transmitted by the Justices taking the same to the Clerk of Petty Sessions or Clerk of the Resident Magistrate’s Court of the district within which such depositions shall have been taken or to the nearest Clerk of Petty Sessions or Clerk of a Resident Magistrate’s Court where such depositions shall have been taken beyond the limits of any such district.

Upon the trial of any person accused of any indictable offence as to which an investigation shall have been previously held before a Justice of the Peace in manner aforesaid if it shall be proved that any person whose deposition shall have been taken as aforesaid is out of the Colony or dead or so ill as not to be able to travel then if such deposition purports to have been taken upon oath in the presence of the person so accused and with full opportunity afforded to the person so accused or his counsel or solicitor to cross examine the witness and to have been read over to and signed by the witness and signed by the Justice before whom the same purports to have been taken it shall be lawful to read such deposition as evidence in such prosecution without further proof thereof unless it shall be proved that such deposition was not in fact signed by the Justice purporting to sign the same or was not taken in manner hereby required.

In every case where any witness who shall have been called and examined before the Justice or Justices by or on behalf of a party committed or held to bail shall happen to die before the trial the deposition of such witness may be read in evidence to the jury in his defence if the party on trial shall so require and if such deposition purports to have been taken on oath and with full opportunity afforded to the prosecutor or informant or the counsel or solicitor of such prosecutor or informant to cross-examine the witness and to have been read over to and signed by the witness and signed by the Justice before whom the same purports to have been taken unless it shall be proved that such deposition was not in fact signed by the Justice purporting to sign the same or was not taken in manner hereby required.

And be it enacted that where any indictment shall be found by the grand jury in the Supreme Court or signed by the Attorney-General of the Colony or Crown Prosecutor of the district in any District Court against any person who shall then be at large and whether such person shall have been bound by any recognizance to appear to answer to the same or not the person who shall act as Registrar or Clerk of the Court at which the said indictment shall be found or signed shall at any time afterwards after the end of the sitting of the Court at which such indictment shall be found or preferred upon application of the prosecutor or of any person in his behalf and on payment of a fee of one shilling if such person shall not have already appeared and pleaded to such indictment grant unto such prosecutor or person a certificate (42) of such indictment having been found or preferred and upon production of such certificate to any Justice of the Peace having jurisdiction at the place in which the offence shall in such indictment be alleged to have been committed or in which the person so indicted shall be supposed to reside or be it shall be lawful for such Justice and he is hereby required to issue his warrant (43) to apprehend such person and to cause him to be brought before some Justice of the Peace to be dealt with according to law and afterwards if such person be thereupon apprehended and brought before any such Justice such Justice upon proof that the person so brought before him is the same person who is charged and named in such indictment shall without further inquiry or examination commit him (44) for trial or admit him, to bail in manner hereinbefore mentioned or if such person shall then be confined in any gaol or prison for any other offence it shall be lawful for such Justice and he is hereby required upon such proof of identity as aforesaid to issue his warrant (45) directed to the gaoler or keeper of the gaol or prison in which the person so charged shall then be confined as aforesaid commanding him to detain such person in his custody until by Her Majesty’s writ of habeas corpus he shall be removed therefrom for the purpose of being tried or until he shall otherwise be removed or discharged by due course of law.

Whenever any person charged with any indictable offence shall have been held to bail in manner aforesaid it shall be lawful for the Justice by whom he shall have been held to bail or for any other Justice if he shall see fit upon the application of the prosecutor or of the sureties or either of the sureties of such person and upon information being made in writing and upon oath by such prosecutor or by such surety or by some person on behalf of such prosecutor or surety that the person so bailed is about to abscond for the purpose of evading Justice to issue his warrant for the arrest of such person so bailed and afterwards upon being satisfied that the ends of justice would otherwise be defeated to commit such person when so arrested to gaol until his trial.

If it shall be made to appear upon oath to the satisfaction of any Justice of the Peace that any person within the jurisdiction of such justice is under recognizance to appear and give evidence at the trial of a person accused of an indictable offence and is about to leave the Colony or to absent himself from such trial it shall be lawful for such Justice to issue his warrant for the arrest of such person so under recognizance and afterward upon being satisfied that the ends of justice would be otherwise defeated to commit such person when so arrested to gaol there to be kept until the trial of the accused party unless he shall in the meantime enter into a recognizance with sureties sufficient in the opinion of such Justice to secure his appearance at such trial.

If any person shall unlawfully assault or beat any other person two Justices of the Peace upon information by or on behalf of the party aggrieved may hear and determine such offence and the offender shall upon conviction thereof before them at the discretion of the Justices either be committed to gaol there to be imprisoned with or without hard labour for any term not exceeding three months or shall forfeit and pay such fine as shall appear to them to be meet not exceeding the sum of ten pounds and if such fine as shall be so awarded together with the costs (if ordered) be not paid either immediately after the conviction or within such period as the said Justices shall at the time of the conviction appoint they may commit the offender to gaol there to be imprisoned with or without hard labour for any term not exceeding three months unless such fine and costs be sooner paid but if the Justices upon the hearing of any such case of assault or battery shall deem the offence not to be proved or shall find the assault or battery to have been justified or so trifling as not to merit any punishment they shall dismiss the case Provided always that in case the Justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony or shall be of opinion that the same is from the aggravated nature thereof or from any other circumstance a fit subject for a prosecution by indictment they shall abstain from any adjudication thereupon and shall deal with the matter as an indictable offence Provided also that nothing herein contained shall authorize any Justices to hear and determine any case of assault or battery in which any question shall arise as to the title to any lands tenements or hereditaments or any interest therein or accruing therefrom or as to any bankruptcy or insolvency or any execution under the process of any Court of Justice.

If the Justices upon the hearing of any such case of assault or battery upon the merits where the information was preferred by or on the behalf of the party aggrieved shall deem the offence not to be proved or shall find the assault or battery to have been justified or so trifling as not to merit any punishment and shall accordingly dismiss the case they shall being required so to do forthwith make out a certificate under their hands stating the fact of such dismissal and shall deliver such certificate to the party against whom the information was preferred but it shall be lawful to require and give such certificate at any time thereafter provided a minute of such dismissal was made by the Justices or their clerk at the time thereof.

If any person against whom any such information as in the two last sections mentioned shall have been preferred by or on behalf of the party aggrieved shall have obtained such certificate or having been convicted shall have paid the whole amount adjudged to be paid or shall have suffered the imprisonment or imprisonment awarded in every such case he shall be released from all further or other proceedings civil or criminal for the same cause.

Provided always that the prosecution for every assault or battery punishable on summary conviction under this Act shall be commenced within three months after the commission of the offence.

When any person shall be convicted before two Justices of the Peace of an assault and it shall appear upon the evidence of a credible witness other than the party assaulted that such assault was wanton and unprovoked and attended with bodily injury to the person assaulted and where in any such case a fine shall have been imposed upon the offender it shall be lawful for such Justices as aforesaid when it shall appear to them proper that compensation be made for the injury inflicted to award to the party injured such portion of the fine so levied as to them shall seem meet and the order of such Justices shall be sufficient authority to the Clerk receiving such fine for the payment of the portion so awarded to the party injured Provided always that the sum so to be awarded shall not in any case exceed one-half of the fine levied.

When any person shall be charged before any Justice of the Peace with larceny and where the value of the property stolen shall not exceed twenty shillings and where the circumstances of the case shall appear to such Justice of the Peace to be of so trivial a nature as to be unfit for prosecution it shall be lawful for him to dismiss the case although a felony may have been proved.

When any person shall be charged with larceny and where the value of the property stolen shall not exceed five pounds it shall be lawful for two or more Justices of the Peace upon being satisfied of the value of such property at their discretion to hear and determine such charge and in case of conviction to sentence the offender to be imprisoned for any period not exceeding six calendar months Such adjudication shall not be invalidated although it should subsequently be proved that the value of such property exceeded the aforesaid limits.

When any person shall be charged with larceny where the value of the property stolen shall not exceed ten pounds if such person shall after hearing the information and evidence against him voluntarily confess the offence it shall be lawful for any two Justices of the Peace at their discretion to take such confession and to sentence the offender to imprisonment for any period not exceeding twelve calendar months.

When any person shall be charged with having committed or having attempted to commit or with having been an aider abettor counsellor or procurer in the commission of larceny and whose age at the period of the commission or attempted commission of such offence shall not in the opinion of any two or more Justices of the Peace before whom he or she shall be brought or appear exceed the age of fourteen years it shall be lawful for such Justices of the Peace upon conviction thereof upon his own confession or upon proof to sentence the offender to be imprisoned for any term not exceeding two calendar months or if a male to be once privately whipped either instead of or in addition to such imprisonment, and it shall be lawful for such Justices of the Peace to order any fit and proper person being a constable gaoler or turnkey to inflict the punishment of whipping and every such officer is hereby required to obey such order.

A person summarily convicted of larceny under the authority of this Act shall not by reason of such conviction be subjected to forfeiture but when any person shall be summarily convicted of larceny under the authority of this Act or when any person shall be charged with larceny before a Justice of the Peace and such Justice shall dismiss the case as of so trivial a nature as to be unfit for prosecution but shall be of opinion that the person charged has been proved to have been guilty of the offence it shall be lawful for the Justice or Justices adjudicating upon the case to order restitution of the property stolen to the owner thereof or his representative and if such property shall not then be forthcoming such Justice or Justices may inquire into and ascertain the value thereof in money and if he or they think fit order payment of such sum of money to the true owner by the person so convicted or proved guilty either at one time or by instalments at such periods as the said Justice or Justices may deem reasonable and such order may be enforced in like manner as an order for the payment of money upon a complaint may be enforced under the provisions of this Act.

It shall be lawful for any Justice of the Peace in any of the cases following to call upon any person within the limits of his jurisdiction to enter into recognizance to the Queen either with or without sureties as to the said Justice shall seem meet for keeping the peace—

When he shall be commanded so to do by the Supreme Court.

When such Justice shall be required so to do by any person who shall depose upon oath that he hath just cause to fear that the person from whom surety is sought will do him or his wife or child bodily harm or will cause him or them to be unlawfully imprisoned or will burn his house or will procure any other person to do any such injury as aforesaid and that he doth not require it out of malice or for vexation and who shall satisfy such Justice either by the evidence of himself or others that he hath just cause for such fear by reason of the other having threatened so to do or laid in wait for that purpose.

When such Justice shall be required so to do by any person who will give to the said Justice satisfactory evidence upon oath that the person from whom surety is sought hath used provoking or insulting language or exhibited any offensive writing or object or done any offensive act to or in the presence of the party complaining for the purpose of annoyance and provocation or publicly and to the common annoyance of Her Majesty’s subjects and such Justice shall be of opinion that such conduct is likely to be repeated and, may tend to provoke a breach of the peace.

When such Justice shall be satisfied by evidence upon oath that the person from whom surety is sought hath threatened to do or to procure some other person to do any act which would if done be punishable as an offence under any of the Acts or parts of Acts of the Imperial Parliament or General Assembly of New Zealand following—

and such Justice shall be of opinion that there is just cause for fear that the person so threatening will if not prevented carry such threat into execution.

When such Justice shall be satisfied by evidence upon oath that the person from whom surety is sought hath either by word of mouth or letter challenged any other person to fight or knowingly been the messenger of any such challenge from another or hath accepted or intends to accept any such challenge or intends to fight or to be present aiding or abetting at any such fight or breach of the peace.

When the person from whom surety is sought hath without cause raised hue and cry or wantonly or maliciously and without cause in any public place raised an alarm of fire to the disturbance of Her Majesty’s subjects.

Where the person from whom surety is sought hath either by word or writing incited or attempted to incite any other person to take part in a riot or to commit any other breach of the peace.

Where in time of war or public danger the person from whom surety is sought shall have knowingly propagated false news to the obstruction of Government or the alarm of Her Majesty’s subjects.

When any person shall apply to any Justice of the Peace to have any other person bound over to keep the peace such application shall be by way of complaint to be verified by the oath of the applicant and in such complaint the facts upon which the complainant relies in support of his application shall be fully set forth and if any of such facts be not within the personal knowledge of such complainant such facts shall if the Justice of the Peace shall so require be verified by the corroborative oath of some other person or persons and if the Justice receiving such complaint and considering the matter thereof shall see sufficient cause so to do he shall thereupon issue his warrant requiring that the person against whom such complaint shall be made be apprehended and brought before him or some other Justice or Justices of the Peace to answer to the said complaint and to be further dealt with according to law or if such Justice shall be of opinion that the complainant hath cause for his application but that no person or property is in immediate danger by reason of the person complained against he may if he think fit issue his summons in the first instance to compel the appearance of the person complained against in like manner as in other complaints.

Such application shall be heard and determined in open Court and upon the appearance of the person from whom surety is sought the complaint shall be read over to him and if he have no cause to allege why he should not be bound over to keep the peace the Justices then present may thereupon require him to enter into recognizance accordingly but if he have any such cause to allege he may require the complainant or his witnesses to be examined upon oath and cross-examine them and may by way of defence adduce evidence to explain or controvert the truth of the facts relied upon by the complainant in support of his application or to show that the complaint is made for malice only or vexation and the hearing of such complaint shall be conducted in manner hereinbefore provided in the case of other complaints.

If the Justices hearing such complaint shall be of opinion that the complainant hath no just cause of fear or that the complaint has been made out of malice or for vexation and without just cause of fear they shall dismiss the case and may order the complainant to pay to the defendant such costs as to such Justices shall seem just and reasonable in that behalf.

If upon the hearing of any such complaint the Justices shall consider that there is good ground so to do they shall order the defendant with one or two sureties as to such Justices shall seem meet to enter into a recognizance (53) to the Queen in such sum or sums as such Justices shall deem sufficient conditioned that the defendant do keep the peace towards the complainant or towards Her Majesty and all Her liege people or towards Her Majesty and all Her liege people and especially towards the complainant for a fixed time to be in such order mentioned not exceeding twelve calendar months from the date of such recognizance or that the defendant do appear at the next sittings for the trial of criminal cases of the Supreme Court to be holden at the place to which cases from the place at which the Justices shall then be sitting are usually sent to be tried and in the meantime do keep the peace towards the complainant or towards Her Majesty and all Her liege people or towards Her Majesty and all Her liege people and especially towards the complainant.

The costs of any such recognizance of the peace shall be paid in the first instance by the complainant but it shall be lawful for the Justices in and by their said order if they shall think fit to adjudge that the defendant do pay to the complainant such costs as to the said Justices shall seem reasonable and payment of all costs which the said Justices may order to be paid by either party to the other shall be enforced in like manner as is hereinbefore provided in other cases of complaint.

If the defendant shall refuse to enter into such recognizance or shall be unable to find sufficient surety or sureties to the satisfaction of the Justices requiring the same it shall be lawful for the said Justices to issue their warrant under their hands commanding that the defendant be taken to some convenient gaol there to be kept until he shall enter into such recognizance as by the order of the said Justices shall have been required and such recognizance may be entered into before any Justice attending or being at the gaol Provided that no person shall be detained in prison by virtue of any such warrant for any longer period than he would have been under recognizance of the peace if he had entered into such recognizance upon the day of the making of such order Provided further that if he shall have been required to enter into any such recognizance conditioned for his appearance at any sittings of the Supreme Court it shall be the duty of the keeper of the gaol in which he shall be confined to bring and have him before the Supreme Court at the said sittings there to abide the order of the Court unless he shall in the meantime have entered into any such recognizance as aforesaid.

Where an information shall be laid against any person for an assault punishable in a summary way it shall be lawful for the informant in the same information to require that the defendant may be bound over to keep the peace and wherever upon the hearing of any information for an offence punishable in a summary way it shall appear to the Justices hearing the same by the evidence that the defendant has used any threats or done any act for which he might be required to enter into recognizance of the peace it shall be lawful for such Justices if they shall think fit to require such defendant to enter into such a recognizance either in addition to or in lieu of the punishment to which he shall be liable upon conviction of the said offence and whether the informant shall have required sureties of the peace against the defendant or not.

Whenever any person shall within the view or hearing of any Justice of the Peace use any threat or other language or do any act upon proof of which and complaint made in that behalf he might be required to enter into recognizances of the peace it shall be lawful for such Justice forthwith and without further proof to require such person to enter into such recognizance of the peace as to such Justice shall seem sufficient and in default of his so doing to commit him to prison in like manner as hereinbefore provided.

If the person upon whose complaint the Justices shall have required the defendant to find sureties of the peace shall die and the defendant shall then be in prison in default of giving such sureties the Justices who made the order (if they think fit) or the Supreme Court may order the defendant to be released from custody without giving such sureties.

No recognizance of the peace shall become void upon demise of the Crown but shall remain of full force and effect to and regarding Her Majesty’s heirs and successors nor shall any person who shall at the time of such demise be imprisoned in default of entering into any such recognizance become entitled to be released from custody in consequence of such demise.

When any person shall have entered into any such recognizance of the peace as aforesaid the Justice taking such recognizance shall cause it to be transmitted forthwith to the Registrar of the Supreme Court there to be filed of record.

If any such recognizance of the peace shall have been conditioned for the appearance of the party bound at some sitting of the Supreme Court for the trial of criminal cases such party shall be called to appear upon his recognizance and if he shall fail to appear such recognizance shall remain in full force and effect until he or his sureties shall be discharged therefrom upon application to the Supreme Court but if the party so bound over shall appear in answer to his recognizance or if any person who shall have been required to enter into any such recognizance as last aforesaid and shall have failed so to do shall be brought up in custody as hereinbefore directed the Court shall cause proclamation to be made that if any man can show cause why the peace granted against such a one shall be continued he shall speak and if no person cometh to demand the peace against him or to show cause why it should be continued then the Court shall discharge him.

It shall be lawful for any person who shall have been ordered by any Justice of the Peace in the exercise of his discretionary powers to enter into a recognizance of the peace to appeal at any time from such order to the Supreme Court upon giving to the party upon whose complaint such order shall have been made and to the Justice making the same seven days notice of such appeal but if the party making such appeal has not entered into the required recognizances he shall still remain liable to be arrested and detained in custody till he shall enter into the required recognizances or shall be released by order of the Supreme Court.

Upon any such appeal the Court may either confirm the order of the Justice or make such other order in the matter as to it shall seem meet.

No person who shall have been required to enter into recognizances of the peace shall be discharged therefrom by any release from the complainant nor if in custody in default of entering into such recognizance be entitled to be liberated in consequence of any such release.

Where any recognizance to keep the peace is entered into by any person as principal or surety it shall be lawful for the Supreme Court upon application made to such Court to order such recognizance to be estreated for such amount as the Court shall think fit upon proof of a conviction of the party bound by such recognizance of any offence which is in law a breach of the condition of the same or that the party so bound hath done any act the doing or threatening whereof would if proved against him have been a ground for calling upon him to enter into such a recognizance as aforesaid and upon further proof that a notice in writing signed by the person seeking to put such recognizance in force has seven clear days before the commencement of the sittings of the Court at which such application shall be made been personally served upon or left at the usual place of abode of the party or each of the parties (if more than one) against whom it is sought to put such recognizance in force that an application will be made at such sittings that the said recognizance may be estreated and if such recognizance shall be estreated the Registrar shall certify the amounts for which such recognizance is estreated upon the back thereof and shall if ordered by the Court so to do deliver the same to the Sheriff who shall forthwith thereupon proceed to levy the amounts so indorsed by distress and sale of the several goods and chattels of the therein bound parties respectively Provided that nothing herein contained shall be deemed to prevent the recovery of such amounts in any other manner which by any Act in force for the recovery of Crown debts may for such purpose be provided.

When it shall be made to appear to any two or more Justices of the Peace upon the oath of any credible witness that any tumult riot or felony has taken place or may be reasonably apprehended in any place situate within the Resident Magistrate’s District Petty Sessions District or other limits for which such Justices usually act and such Justices shall be of opinion that the ordinary officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of the property in such place as aforesaid then such Justices or any two or more Justices acting for the same district or limits are hereby authorized to nominate and appoint by precept (46) in writing under their hands so many as they shall think fit of the persons residing in such place or in the neighbourhood thereof liable to service in the militia or exempt from such service only as volunteers enrolled under some Volunteer Act or as resident in a proclaimed gold field and holding licenses to mine or carry on business in the same to act as special constables for such time and in such manner as to such Justices shall seem fit and necessary for the preservation of the public peace and for the protection of the inhabitants and the security of the property in such place or such Justices may if they think fit appoint any other persons not resident in the place to act as such special constables as aforesaid provided such persons are willing so to act and it shall be lawful for the Justices of the Peace who shall appoint any special constable by virtue of this Act or for any Justice of the Peace acting for the same district or limits to administer to every person so appointed the oath (47) given in the Schedule to this Act Provided that whenever it shall be deemed necessary to nominate and appoint such special constables as aforesaid notice of such nomination and appointment and of the circumstances which have rendered such nomination and appointment expedient shall be forthwith transmitted by the Justices making such nomination and appointment to the Colonial Secretary and to the Superintendent of the Province.

The Justices of the Peace acting for the district or limits within which any such special constable shall have been called out to serve at a special session to be held for that purpose or the major part of the Justices at such special session are hereby empowered to order from time to time such reasonable allowances for their trouble loss of time and expenses to be paid to such special constable who shall have so served or be then serving as to such Justices or the major part of them shall seem proper and also to order the payment of such expenses as may have been incurred in providing staves or other necessary articles for such special constables and the order of such Justices so made being produced shall be sufficient authority to the Colonial Treasurer for the payment of such allowances and expenses.

The provisions contained in sections four five seven eight nine ten eleven fourteen and twenty-two of an Act passed in the first and second years of King William the Fourth intituled “An Act for amending the laws relative to the appointment of special constables and for the better preservation of the peace” shall be applicable so far as the same can be made applicable to constables appointed under the provisions of this Act.

It shall be lawful for any Justice of the Peace where any riot or tumult shall happen or for any two or more Justices of the Peace when any riot or tumult may be expected to take place to order that every person licensed to sell spirituous liquors wine ale or beer and keeping any house in or near the place where such riot or tumult shall happen or be expected to take place shall close his house at any time which such Justice or Justices shall order and every such person who shall keep open his house after the time at which such Justice or Justices shall have so ordered such house to be closed shall be deemed to have offended against the law and the conditions upon which his license was granted.

It shall not be lawful for any Justice of the Peace or other person to administer or cause or allow to be administered or cause or allow to be received any oath affidavit or solemn affirmation touching any matter or thing whereof such Justice or other person hath not jurisdiction or cognizance by some law in force at the time being Provided always that nothing in this section contained shall be construed to extend to any oath affidavit or solemn affirmation before any Justice in any matter or thing touching the preservation of the peace or the prosecution trial or punishment of offences or touching any proceedings before either of the Houses of the Imperial Parliament or the Legislative Council or House of Representatives of New Zealand or any Committee thereof respectively nor to any oath affidavit or affirmation which may be required by the laws of any foreign country or any of Her Majesty’s Colonies to give validity to instruments in writing designed to be used in such foreign countries or Colonies respectively.

Wherever by any law now in force a declaration is directed or authorized to be made and subscribed in the form prescribed by an Act passed in the Session of Parliament holden in the fifth and sixth years of King William the Fourth intituled “An Act to repeal an Act of the present Session of Parliament intituled ‘An Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the State and to substitute declarations in lieu thereof and for the more entire suppression of oaths and affidavits’ and to make other provision for the abolition of unnecessary oaths” it shall be sufficient in case the declaration is to be made within the Colony of New Zealand if such declaration be made in the form (51) in Schedule to this Act annexed.

It shall be lawful for any Justice of the Peace Notary Public or other officer now by law authorized to administer an oath to take and receive the declaration of any person voluntarily making the same before him in the form (51) in the Schedule to this Act annexed.

If any declaration made under the provisions of this Act shall be false or untrue in any material particular the person wilfully making such false declaration shall be deemed guilty of a misdemeanour.

Every summons shall be served by the constable or other person not being the informant or complainant employed to serve the same by delivering such summons to the person to whom it is directed personally or by leaving the same for him at his last or most usual place of abode with some inmate of the house appearing to be above the age of fourteen years.

The due service of any summons may be proved by affidavit (3) made by the person who shall have served such summons setting forth the fact and the time and mode of such service and duly sworn before a Justice of the Peace or by such person upon oath at the hearing.

Every summons order or notice whether in civil or criminal cases issued by any Resident Magistrate or Justice of the Peace and addressed to any person of the Native race shall be in the Maori language or accompanied by a translation thereof into such language and every warrant of distress against the goods and chattels or of arrest or imprisonment of the body of any person of the Native race shall have annexed thereto a translation thereof into the Maori language but the execution of any such warrant shall not be illegal by reason only of its not being accompanied by such a translation.

Every warrant issued by any Justice of the Peace for the apprehension of any person charged with an offence shall be under the hand of the Justice issuing the same and may be directed either to any constable or other person by name or generally to the constables of the Colony or of any or every Province therein and it shall state shortly the matter of the information on which it is founded and shall name or otherwise describe the person against whom it has been issued and it shall order the person to whom it is directed to apprehend the person charged and to bring him before some Justice of the Peace to answer to the charge and to be further dealt with according to law and it shall not be necessary to make such warrant returnable at any particular time but the same may remain in full force until it shall be executed and such warrant may be executed by apprehending the person against whom it shall have been issued at any place within the jurisdiction of the Justice issuing the same or in case of fresh pursuit at any place within seven miles of the boundaries of the district within which such Justice shall have jurisdiction although such warrant shall not have been backed in manner hereinafter mentioned and in all cases where such warrant shall have been directed to constables generally it shall be lawful for any such constable to execute such warrant in like manner as if such warrant were directed specially to such constable by name.

Any warrant for the apprehension of a person charged with any indictable offence and any search warrant may be granted and executed upon Sunday.

Where any person for whose apprehension any warrant shall have been issued under the provisions of this Act shall be or be suspected to be in any place without the jurisdiction of the Justice issuing such warrant it shall be lawful for any Justice of the Peace for the place in which such person shall be or be suspected to be upon proof alone being made on oath of the handwriting of the Justice issuing such warrant to make an indorsement (48) on such warrant signed with his name authorizing the execution of such warrant within the jurisdiction of the Justice making such indorsement and such indorsement shall be sufficient authority to the person bringing such warrant and to all other persons to whom the same was originally directed and also to all constables of the Province or place where such warrant shall be so indorsed to execute the same and to carry the person against whom such warrant shall have issued when apprehended before the Justice who first issued the said warrant or before some other Justice or Justices of the Peace for the Colony or for the Province or place where the offence in the said warrant mentioned shall appear to have been committed.

The constable to whom any warrant of commitment shall be directed shall convey the person therein named or described to the gaol mentioned in such warrant and there deliver him together with such warrant to the gaoler of such gaol who shall thereupon give such constable or other person so delivering such prisoner into his custody a receipt (49) for such prisoner setting forth the state and condition in which such prisoner was when he was delivered into the custody of such gaoler and the sum of money found upon him and in all cases where such constable or other person shall be entitled to his costs or expenses for conveying such person to such gaol it shall be lawful for any Justice of the Peace having jurisdiction in the Province or place wherein the offence is alleged in the said warrant to have been committed to ascertain the sum which ought to be paid to such constable for conveying such prisoner to such gaol and also the sum which should reasonably be allowed him for his expenses in returning and thereupon such Justice shall make an order (50) upon the Colonial Treasurer for payment to such constable of the sums so ascertained to be payable to him and such order being produced to the Colonial Treasurer shall be sufficient authority for the payment of such sums to such constable Provided that the Colonial Treasurer may disallow the whole or any part of the allowances so ordered if he shall think the same unreasonable or unnecessary Provided nevertheless that if it shall appear to the Justices by whom any such warrant of commitment against such prisoner shall be issued as aforesaid that such prisoner hath money sufficient to pay the expenses or some part thereof of conveying him to such gaol or prison it shall be lawful for such Justices in their discretion to order such money or a sufficient part thereof to be applied to such purpose.

Any warrant of distress or search warrant issued by a Justice of the Peace under the provisions of this Act shall be addressed to the chief officer of constabulary of and all other peace officers acting in and for the Province or place in which the same is issued and may be executed by any such officer Provided that in any case which shall appear to the Justice by whom the warrant shall be issued to be a case of emergency such warrant may be addressed to any constable but the constable to whom any such warrant is addressed shall if the time will permit show the same to the chief officer under whose command such constable shall be and such chief officer may if he think fit appoint some other constable by writing as aforesaid to execute such warrant.

Whenever the person to whom any warrant shall be addressed or indorsed for execution by a Justice of the Peace shall be unable to find the person against whom such warrant shall have been issued or his goods as the case may be or to discover where such person or his goods are to be found he shall return such warrant to the Justice by whom the same shall have been issued within such time as shall have been fixed by such warrant (or within a reasonable time where no time shall have been so fixed) and together with it a certificate of the reasons why the same shall not have been executed and it shall be lawful for such Justice to examine such person on oath touching the non-execution of such warrant and to re-issue such warrant or to issue any other warrant for the same purpose from time to time as shall seem expedient.

If any credible witness shall show upon oath to the satisfaction of any Justice of the Peace that he hath reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever which there is reason to believe has been stolen or with respect to which there is reason to believe that an offence has been committed within the provisions of an Act of the Imperial Parliament passed in the session holden in the seventh and eighth years of King George the Fourth, intituled “An Act for consolidating and amending the laws of England relative to larceny and other offences connected therewith” the said Justice may issue a warrant (50) under his hand directed to some constable therein named authorizing and requiring him with such assistants as he may think necessary to make search for such property in the suspected places in such warrant mentioned and if the said property or any part thereof be found to bring the property so found and the person or persons on whose premises or in whose possession or custody such property shall be found before the same Justice or some other Justice of the Peace to be dealt with according to law.

Such warrant shall authorize the constable to whom the same is directed to enter in the day time into the premises in such warrant mentioned for the purposes of search and if the door be shut and upon demand it be not opened by them within the constable may break open the door.

Any constable entering premises for the purposes of search shall upon demand show his warrant to those within such premises.

When the Justice to whom application for a search warrant shall be made shall see reason to believe that the ends of justice require search to be made in the night time he may by such warrant expressly authorize search to be made by night as well as by day.

If goods be seized under any search warrant and it does not appear to the Justice before whom such warrant is returned that such goods were stolen or the subject of any such offence as aforesaid the said Justice shall order such goods to be returned to the person in whose possession the same were found but if it appear that such goods were stolen or the subject of any such offence as aforesaid the said Justice may order them to be delivered into the custody of the constable or sheriff to the end that the owner thereof by indictment and conviction of the offender may obtain restitution thereof.

It shall be lawful for any Justice of the Peace when the services of a constable cannot readily be procured to employ any other fit person to serve any summons or execute any warrant Such person shall not be a party interested in the matter in which such summons or warrant shall be issued and if employed to execute a warrant shall be appointed by such Justice a special constable and take an oath of office in the following form—“I (A. B.) do swear that I will well and truly serve our Sovereign Lady the Queen in the office of special constable and will to the best of my power execute the warrant now intrusted to me without favour or affection malice or ill-will and according to law So help me God.” And such special constable shall in the execution of such warrant have all the powers privileges and responsibilities which any other constable by law hath and it shall be lawful for such Justice of the Peace to order by writing under his hand such proper allowances to the person so employed by him for his expenses trouble and loss of time in serving or endeavouring to serve such summons or in executing or endeavouring to execute such warrant as to the said Justice shall seem reasonable and necessary and such order shall be sufficient authority for the payment of such allowances by the Colonial Treasurer Provided that the Colonial Treasurer may disallow the whole or any part of the allowances so ordered if he shall think the same unreasonable or unnecessary.

In every case where a distress shall be made under any warrant issued under the provisions of this Act it shall be lawful for the person charged with its execution to sell the said distress within such period as shall be specially fixed by the said warrant or if no period shall be so fixed then within three days from the making of the distress unless the sum for which the warrant was issued and also the reasonable charges of taking and keeping the said distress shall be sooner paid but if the goods distrained be of a perishable nature or upon the request in writing of the party whose goods shall have been taken such sale may be made forthwith and in every case where he shall sell any such distress he shall render to the owner the overplus if any after retaining the amount of the said sum and charges.

Any person distraining goods by virtue of such warrant as aforesaid may sell such goods or cause the same to be sold by any constable by auction without the person so selling procuring a license to act as an auctioneer and may deduct out of the amount of such sale all reasonable costs and charges actually incurred in effecting the same.

In any case where a person against whom a warrant of distress shall issue as aforesaid shall pay or tender to the constable having the execution of the same the sum or sums in such warrant mentioned together with the amount of the expenses of such distress up to the time of such payment or tender such constable shall cease to execute the warrant and in any cases in which a person shall be imprisoned as aforesaid for non-payment of any penalty or other sum he may pay or cause to be paid to the keeper of the prison in which he shall be so imprisoned the sum in the warrant of commitment mentioned together with the amount of the costs charges and expenses (if any) therein also mentioned and the said keeper shall receive the same and shall thereupon discharge such person if he be in custody for no other matter.

No distress to be made under the authority of this Act shall be deemed unlawful nor shall any person making the same be deemed a trespasser by reason of any defect or want of form in the warrant of distress nor shall such person be deemed a trespasser from the beginning by reason of any irregularity which shall afterwards be committed by him but all persons aggrieved by such defect or irregularity may recover satisfaction for the special damage by action at law.

Every recognizance entered into before a Justice of the Peace shall state the Christian name or names and surname and the art trade profession or calling and place of abode of every person entering into the same and if he resides in a town the name of the street and the number (if any) of the house in which he resides and whether he is owner or tenant thereof or a lodger therein and the Justice before whom any recognizance shall be entered into shall give to each of the persons entering into the same a notice in the form (54) in the Schedule hereto or to the effect thereof.

Whenever any person charged with an offence of which he is liable to be summarily convicted before Justices of the Peace shall be brought without the warrant of a Justice of the Peace into the custody of any constable in charge of a police station or watch-house and cannot conveniently be taken forthwith before a Justice of the Peace it shall be lawful for such constable if he deem it prudent so to do to take the recognizance of such person with or without sureties conditioned for the appearance of such person before a Justice of the Peace at a certain time and place to be specified in such recognizance not later than seven days from the date of such recognizance.

Such recognizance shall be taken without fee or reward and the constable taking the same shall enter in a book to be kept for that purpose at every police station or watch-house the names residence and occupation of the party and his surety or sureties (if any) entering into the recognizance together with the conditions thereof and the sums respectively acknowledged and such entry shall be signed by the party and his surety or sureties (if any) entering into such recognizance and shall be laid before such Justice as shall be present at the time and place when and where the party is required to appear and if the party does not then and there appear the Justice shall require a record of such recognizance to be drawn up and signed by such constable and if the party not appearing shall apply by any person on his behalf to postpone the hearing of the charge and the Justice shall consent thereto such Justice shall be at liberty to enlarge the recognizance to such further time as he shall appoint and on the party appearing at the time and place fixed either originally or by enlargement or postponement to answer to the charge brought against him the recognizance shall be void but if the party shall not so appear the Justice shall certify on the back of the recognizance the non-performance of the condition thereof Every recognizance taken by a constable as hereinbefore provided shall be of equal obligation on the parties entering into the same and liable to the same proceedings for the estreating thereof as if the same had been taken before a Justice of the Peace.

When under the provisions hereinbefore contained any person shall have entered into a recognizance conditioned for his appearance before a Justice of the Peace at a time and place appointed for the hearing or adjourned hearing of any information or complaint determinable in a summary way or for the examination of witnesses upon an information for an indictable offence and shall not afterwards appear at the time and place in such recognizance mentioned any Justice who may then be there present may certify upon the back of the said recognizance the non-performance of the condition thereof and the Justice so certifying shall cause every person bound by such recognizance to be served with a notice signed by such Justice that such recognizance will be estreated unless some person bound thereby shall at a time and place to be in such notice mentioned show cause to the satisfaction of such Justices of the Peace as shall then be there why such recognizance ought not to be estreated and if at the time and place in such notice mentioned no sufficient cause to the contrary be shown it shall be lawful for any two or more Justices who shall then be there sitting in open Court upon proof of the non-performance of the condition of such recognizance of which such certificate shall be deemed sufficient prima facie evidence to make an order (56) to estreat the recognizance to such amount as they shall see fit as to any person bound thereby upon whom such notice shall be proved by oath or affidavit to have been served in manner in which summonses are herein required to be served not less than seven days previously and if the sum of money which such person shall be liable to pay under such recognizance shall not be paid either immediately or within such time as the said Justices shall appoint any Justice of the Peace may without further notice to such person cause the same with the costs of all proceedings rendered necessary by such non-payment to be levied by distress and sale of the goods and chattels of such person and in default of sufficient distress may commit the person against whom such warrant of distress shall have issued to some convenient gaol for any term not exceeding three calendar months unless such sum and all costs and charges of the commitment and conveying of such person to prison (the amount thereof being ascertained and stated in such commitment) shall be sooner paid.

No recognizances to be entered into before any Justice of the Peace shall bind or affect any real property of the person entering into the same.

The several forms in the Schedules in this Act contained or forms to the like effect shall be deemed good valid and sufficient in law and the sealing of any warrant conviction or other form of procedure under this Act shall not be necessary but it shall be sufficient if the same be signed by the Justice by whom it is issued.

No information complaint conviction order or other proceeding before any Justice of the Peace shall be quashed or set aside or adjudged void or insufficient for want of form.

When any order shall be made by Justices of the Peace under the provisions of “The Married Women’s Property Protection Act 1860” within any Petty Sessions District such order may within ten days after the making thereof be entered with the Clerk of the Petty Sessions Court of such district instead of the Clerk to the nearest Resident Magistrate anything in the said Act contained to the contrary notwithstanding.

Whenever in any proceeding whatever it may be necessary to prove a conviction of any person by Justices of the Peace or an order made by such Justices in their summary jurisdiction a copy of such conviction or order certified by the Registrar of the Supreme Court or other proper officer of the Court within which such conviction or order shall have been lodged or proved to be a true copy shall be sufficient evidence to prove such conviction or order and such conviction or order shall be deemed not to have been reversed upon appeal unless evidence to that effect shall be given.

It shall be lawful for any Resident Magistrate or for any Justice or Justices of the Peace in case it shall appear to him or them that any person has been guilty of wilful and corrupt perjury in any evidence given or in any affidavit deposition examination answer or other proceeding made or taken before him or them whether in a civil or criminal case to direct such person to be prosecuted for such perjury in case there shall appear to him or them a reasonable cause for such prosecution and to commit such person so directed to be prosecuted until the next sittings for the trial of criminal cases of the Supreme Court in the Province or district within which such perjury was committed unless such person shall enter into a recognizance with one or more sufficient surety or sureties conditioned for the appearance of such person at such sittings and that he will then surrender and take his trial and not depart the Court without leave and to require any person he or they may think fit to enter into a recognizance conditioned to prosecute or give evidence against such person so directed to be prosecuted as aforesaid and to give to the party so bound to prosecute a certificate of the same being directed which certificate shall be given without fee or charge and shall be deemed sufficient proof of such prosecution having been directed as aforesaid and upon the production thereof the costs of such prosecution shall and are hereby required to be allowed by the Supreme Court when any person shall be prosecuted or tried in pursuance of such direction as aforesaid unless such Court shall specially otherwise direct and when allowed by such Court such sum as shall be so allowed shall be paid by the Colonial Treasurer.

If any person shall wilfully insult any Resident Magistrate or Justice of the Peace acting in either civil or criminal proceedings or any bailiff or clerk of any Resident Magistrate’s Court or Court of Petty Sessions during his sitting or attendance in Court or shall wilfully interrupt the proceedings of the Court or be guilty in any other manner of any wilful contempt in the face of the Court it shall be lawful for any bailiff or other officer of the Court with or without the assistance of any other person by order of the Resident Magistrate or Justice of the Peace to take such offender into custody and detain him until the rising of the Court and the Resident Magistrate or Justice shall be empowered if he shall think fit by a warrant under his hand and seal to commit every such offender to prison for any time not exceeding fourteen days or to impose upon any such offender a fine not exceeding ten pounds for such offence and in default of payment thereof to commit the offender to prison for any time not exceeding fourteen days unless the fine shall be sooner paid.

The fees to be taken and paid in respect to proceedings to which this Act relates and to appeals are set forth in Schedule A. but such fees may be fixed varied and abolished from time to time as the Governor in Council shall direct and appoint but no fees shall be received or demanded from any constable or public officer for proceedings instituted by him in the execution of his duty.

A table of such fees shall be hung up in some conspicuous place in all Resident Magistrates’ Courts and places where Courts of Petty Sessions are usually held and in the offices of the Clerks of Resident Magistrates or Clerks of Petty Sessions.

It shall be lawful for any Resident Magistrate Justice of the Peace Clerk of any Resident Magistrate’s Court or Petty Sessions Court or bailiff thereof or Clerk to any Justice of the Peace to refuse to do any act for which a fee shall be demandable until such fee shall be first paid.

If any Justice of the Peace Clerk of Petty Sessions Clerk of a Resident Magistrate’s Court or Clerk to any Justice of the Peace shall demand or receive any other or greater fee in respect of any proceedings to which this Act relates than such as is appointed in manner hereinbefore provided he shall forfeit for every such demand or receipt the sum of twenty pounds to be recovered by action of debt in the Supreme or District Court by any person who shall sue for the same.

All fees fines poundage forfeitures and penalties unless provision be made to the contrary by the Act or Ordinance imposing or authorizing the same or wherever such provision to the contrary shall be inapplicable to the circumstances of the Colony shall be paid to the Colonial Treasurer for the use of Her Majesty for public uses of the Colony.

All money which shall be expended by the Colonial Treasurer under any of the provisions of this Act shall be charged in account against the Province within which the same shall be expended and may be deducted from any sums of money which shall from time to time be payable by the Colonial Treasurer to such Province.

All Court fees fines costs and other moneys payable upon any conviction or order by Justices of the Peace and all sums of money payable upon any recognizance declared forfeited by Justices of the Peace shall be payable in the first instance to the Clerk of Petty Sessions if such conviction or order shall have been made at a Petty Sessions Court or to the Clerk of the Resident Magistrate if such conviction or order shall have been made at a Resident Magistrate’s Court and such clerks shall be entitled to sue for and recover all Court fees hereby made payable to them respectively from any person liable to pay the same and in every warrant of distress to be issued as aforesaid the constables or other person to whom the same shall be directed shall be thereby ordered to pay the sum to be levied thereunder to the Clerk of Petty Sessions of the district within which the conviction or order shall have been made or if such conviction or order shall not have been made within the limits of a Petty Sessions District but within the district of a Resident Magistrate’s Court to the Clerk to the Resident Magistrate and if any person convicted of any penalty or ordered by a Justice of the Peace to pay any sum of money shall pay the same to any constable or other person such constable or other person shall forthwith pay the same to the Clerk of Petty Sessions or Clerk of the Resident Magistrate’s Court of the district within which such conviction or order shall have been made and if any person committed to prison upon any conviction or order as aforesaid for non-payment of any penalty or of any sum of money thereby ordered to be paid shall desire to pay the same and costs before the expiration of the time for which he shall be so ordered to be imprisoned he shall pay the same to the gaoler of the prison in which he shall be so imprisoned and such gaoler shall indorse on the warrant of committal the amount and date of payment and shall forthwith pay the same to the said Clerk of Petty Sessions or Clerk of the Resident Magistrate as the case may be and the sums so received by any such clerk shall be forthwith paid by him to the party or parties to whom the same respectively are to be paid according to the directions of the Statute Act or Ordinance on which the information or complaint shall have been framed and if such Act or Ordinance shall contain no direction for the payment thereof to any person or persons then such clerk shall pay the same to the Colonial Treasurer or to any Sub-Treasurer for which such Treasurer or Sub-Treasurer shall give him a receipt and every such clerk and every such gaoler shall keep a true and exact account of all such moneys received by him of whom and when received and to whom and when paid in such form (57) in the Schedule to this Act annexed or to the like effect as the Colonial Treasurer shall direct.

The Visiting Justices of any gaol shall at least once in every month and any other person duly authorized by the Colonial Treasurer shall at any other time examine the prison books and shall require to see the receipt of the officer of the Court from which the warrant was issued in any case in which it shall appear that the person committed was discharged before the expiration of the period for which he was committed and shall also compare the sum mentioned in such receipt with the amount in the warrant of committal and shall certify in the said books that such receipt has been produced to him or them and that such sums correspond or otherwise as the case may be.

Every Justice of the Peace or clerk to a Justice of the Peace who shall receive any fees fines or other money by virtue of his office shall once at least in every month deliver a true and exact account thereof and pay over the same to the Clerk of the Resident Magistrate’s Court or Clerk of the Court of Petty Sessions of the district within which such Justice shall reside and such clerk shall receive pay over and account for such fees fines and moneys in like manner as for other moneys received by him by virtue of his office as such clerk.

Provided that in places beyond the limits of any Petty Sessions District or Resident Magistrate’s Court District all such fees fines and other moneys as are hereby directed to be paid within such districts to the clerks of such Courts respectively shall be paid to any one of the Justices making such conviction or order or to any person authorized by such Justices to receive the same and the person so receiving the same shall pay over and account for such moneys in like manner as the Clerks of Petty Sessions Courts are hereby required to do with moneys received by them.

This Act shall come into operation on the first day of January one thousand eight hundred and sixty-seven.