Before discharging the offender the Court may order restitution of property or compensation for an injury to person or property, the performance of which order may be enforced in the same way as orders made by Justices; security for such performance may be directed, and may be made a condition precedent to the discharge (s. 4). The offender must report his address and occupation to the police at intervals of not longer than three months during the prescribed period; this report may be either personal or in writing, unless the Colonial Secretary directs in a particular case that it shall be personal (s. 5). The conditions under which the offender forfeits his liberty, and may be committed to prison to perform his sentence, are as follows (s. 6): (i) If he fails to report himself; (ii) If he is convicted of getting his livelihood by dishonest means; (iii) lf, on being charged before Justices with an offence, he The Governor may, on behalf of Her Majesty, extend mercy on similar conditions to persons convicted of any offence of any degree (s. 6). WILLIAM STREET, 1st January, 1887. Queensland. ANNO QUINQUAGESIMO VICTORIA REGINE. No. 17. ***** An Act to Consolidate and Amend the Laws relating to Justices of the Peace and their Powers and Authorities. WHERE [ASSENTED TO 13TH OCTOBER, 1886. Preamble. HEREAS it is expedient to consolidate and amend the laws relating to justices of the peace and their powers and authorities: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: PART I.-PRELIMINARY. Short title and division of Act. 1. This Act may be cited as "The Justices Act of 1886." It is divided into Parts, as follows: PART I.-PRELIMINARY; PART II.-JUSTICES; PART III-JURISDICTION; PART IV.-GENERAL PROCEDURE; B PART V.-PROCEEDINGS IN CASE OF INDICTABLE OFFENCES; PART VI.-PROCEEDINGS IN CASE OF SIMPLE OFFENCES AND BREACHES OF DUTY; PART VII.-SUMMARY PUNISHMENT OF CERTAIN PART VIII.-SURETY OF THE PEACE AND FOR GOOD PART IX.-APPEALS FROM THE DECISIONS OF JUSTICES; PART X.-PROTECTION OF JUSTICES IN THE EXECU- Repeal of existing Acts. 2. The several Acts and Ordinances mentioned in the First Schedule to this Act are hereby repealed to the extent in the said Schedule indicated, but no proceedings or acts or things done under any of the said Acts and Ordinances before the commencement of this Act shall be invalidated or affected by such repeal; and all proceedings initiated before the commencement of this Act shall be carried on, as far as practicable, according to the provisions of this Act, and subject thereto, according to the provisions of the said repealed Acts and Ordinances respectively, which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof; and all persons lawfully in custody or bound by recognizance, at the commencement of this Act, under the provisions of any of the said repealed Acts or Ordinances, shall be deemed to be in lawful custody or to be so bound as aforesaid under the provisions of this Act, and may be dealt with accordingly. Commencement of Act. Commencement of Act. 3. This Act shall commence and take effect on and from the first day of January, one thousand eight hundred and eighty-seven. Interpretation. Interpretation. 4. In the interpretation of this Act, unless the context otherwise requires Minister. "Minister" means the Colonial Secretary or other Minister charged with the supervision of justices of the peace ; Justices. "Justices" means justices of the peace having jurisdiction where the act in question is or is to be performed, and includes one justice where one justice has jurisdiction to do the act in question; For powers of one justice see ss. 24, 25, 26, 27. Clerk of Petty Sessions. "Clerk of Petty Sessions" means the person acting as clerk of the petty sessions at which the decision in question was made; Police magistrate or police officer may discharge the duties of clerk of petty sessions s. 31. Jurisdiction. "Jurisdiction," when necessary, means the place in which jurisdiction may be lawfully exercised; Indictable Offence. "Indictable Offence" means an offence which may be prosecuted before the Supreme Court, or other Court having jurisdiction in that behalf, by information in the name of the AttorneyGeneral or other authorised officer; 66 For proceedings in case of indictable offences see Part V. Indictment. Indictment" means an information for an indictable offence presented to a Court having jurisdiction to try the accused person by the Attorney-General or other authorised officer; Simple Offence. Simple Offence " means any offence (indictable or not) punishable, on summary conviction before justices, by fine, imprisonment, or otherwise; Breach of Duty. "Breach of Duty" means any act or omission (not being a simple offence or a non-payment of a mere debt) upon complaint whereof justices may make an order on any person for the payment of money or for doing or refraining from doing any other act; For proceedings in cases of simple offences and breaches of duty see Part VI. Defendant. "Defendant" means a person complained against before justices for an indictable offence, simple offence, or breach of duty; Complaint. The term "complaint" includes the terms “information," "information and complaint," and "charge," when used in any Act, and, unless the contrary appears, means an information and complaint before justices; Hearing. "Hearing" includes the examination of a person charged with an indictable offence; Summary Conviction. "Summary Conviction" or "Conviction" means a conviction by justices for a simple offence; 66 Order. Order means an order made upon a complaint of a breach of duty; Decision. "Decision" includes a committal for trial and an admission to bail as well as a conviction, order, order of dismissal, or other determination; |