PART III. Recognizances taken out of Court. Eng., 42 & 43 Vic., c. 49, s. 43. Recognizances taken separately. 4 & 5 Geo. V., c. 58, s.24. Security under this Act to be given by deposit with or acknowledgment to Clerk of the Court. Cf. Eng. S. J. Act, 1879, s. 23. Entry of security and evidence thereof. Cf. ibid. Indemnity of Cf. ibid. Justices Act.--1921. 33. (1) When a Justice has fixed the amount in which the principal and the sureties are to be bound, the recognizance need not be entered into before such Justice, but may be entered into before any other Justice, or before any clerk or before an inspector of police or other officer of police of equal or superior rank or in charge of any police station, or where any of the parties is in gaol before the keeper of such gaol: Provided that no clerk, officer of police, or keeper of a gaol shall be required to take the recognizance of any person proposed as a surety unless the person so proposed produces a certificate in writing from a Justice that he has satisfied the Justice of his ability to pay the amount for which he is to be bound in the event of the recognizance becoming forfeited. (2) Where, as a condition of the release of any person, he is required to enter into a recognizance with sureties, the recognizance of the sureties may be taken separately, and either before or after the recognizance of the defendant; and, if so taken, the recognizances of the principal and sureties shall be as binding as if they had been taken together and at the same time. Security. 34. Any security required or permitted to be given under the provisions of this Act shall be given, whether by principal or surety, either (a) by the deposit of money with a clerk; or (b) by a written acknowledgment given to a clerk of the undertaking or condition by which, and of the sum for which, the principal or surety is bound: Provided that the security shall be given in such of the modes aforesaid as the Court or person authorising the taking of the security may order or direct. 35. (1) Every clerk shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding before the Court, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. (2) The security book, and also any extract therefrom certified by the clerk, shall be prima facie evidence of the several matters hereby required to be entered therein. 36. Any sum paid by a surety on behalf of his principal in respect surety by principal. of a security under this Act, together with all costs, charges, and expenses incurred by such surety in respect of that security, shall be deemed a debt due to him from the principal, and shall be recoverable either summarily under this Act, or in any civil Court of competent jurisdiction. 37. Where Justices Act.---1921. 37. Where security is given under this Act for payment of a sum of money, the payment of such sum shall be enforced by means of such security, in substitution for any other means of enforcing such payment. Enforcement of Recognizances and Securities. PART III. Security to be enforced in substitution of other remedies. of non-compliance with conditions, 38. Whenever the conditions, or any of the conditions, mentioned Justices certificate Justice in any recognizance or security are not complied with, any may certify in what respect the conditions have not been observed, prima facie evidence and such certificate shall be prima facie evidence of such noncompliance, and of the recognizance or security having been forfeited. of forfeiture. Cf. 6 of 1850, s. 8. 298 of 1883-4, s. 52. recognizances. 39. (1) Upon proof of any breach of the condition, or of any of Enforcement of the conditions, of any recognizance or security, or upon other proof of the forfeiture thereof, any two Justices may make an order adjudging the recognizance or security to be forfeited and for payment of any amount due thereunder. (2) No order shall be made under this section in the absence of any person sought to be bound thereby unless it is proved, to the satisfaction of the Court, that a summons was duly served upon such person at least seven clear days before the return thereof: Provided that, in the case of a recognizance or security conditioned for the appearance of any person before a Court of Summary Jurisdiction, such order may be made by such Court ex parte forthwith upon the non-appearance of such person. (3) Every such order may be enforced by distress and imprisonment, as in other cases. forfeiture. 40. When application is made for an adjudication of the forfeiture Suspension or of any recognizance or security to, or when a recognizance or security mitigation of has been adjudged to be forfeited by, any Court of Summary Juris- cf. Eng., S. J. Act, diction, such Court or any Special Magistrate may, at any time 1879, s. 9. before sale under a warrant of distress, suspend, cancel, or mitigate such forfeiture, and suspend, annul, or vary the order for payment accordingly on the giving of security for future performance, or on such other conditions as may seem just. 41. (1) The order for payment of any amount due under any recognizance or security shall direct such amount to be paid to the clerk, and the Court may further direct the same, or such portion thereof as may be just, to be paid by such clerk, upon receipt thereof, to any person in whose interest the recognizance or security was taken. (2) Subject to any such direction the clerk of the Court shall apply any amount paid under any such order in the manner in which fines are applied of which no special appropriation is made. PART Application of moneys received on enforcement. Justices Act.---1921. PART IV. DIVISION I. Clerks of Court. Cf. 298 of 1883-4, s. 17. Courts of Petty Cf. 6 of 1850, s. 11. PART IV. SUMMARY JURISDICTION. DIVISION I.-COURTS OF SUMMARY JURISDICTION. 42. (1) The Clerk of every Local Court shall be, ex officio, clerk for Courts of Summary Jurisdiction sitting in the district for which the Local Court is established: Provided that the Governor may— (a) prescribe the district for which any clerk is appointed; and (b) appoint a clerk for any prescribed district or place. (2) When a Court of Summary Jurisdiction sits in any place other than the court house for which a clerk is appointed, the Justices shall cause the record of the proceedings to be transmitted to the clerk for the Court to be recorded and kept by him. 43. Every matter of complaint shall (unless the provisions of some Special Act otherwise require) be heard and determined by(a) a Special Magistrate, if there is any Special Magistrate present who is competent and willing to act; or (b) if there is no such Special Magistrate present, then by two or more Justices: 298 of 1883-4, s. 16. Provided that a single Justice or any two or more Justices may (notwithstanding the provisions of any Special Act) hear and determine any matter of complaint if all the parties to the proceeding consent thereto in writing. Powers of a single 6 of 1850, s. 29. Interlocutory pro 44. In any case, whether the matter of complaint is or is not directed or required to be heard by two or more Justices, a single Justice may (a) receive the complaint; (b) grant a summons or warrant thereon; (c) issue his summons or warrant to compel the attendance of (d) by consent of the parties expedite the date of hearing; (f) do all other acts and matters preliminary to the hearing; (g) issue any warrant of distress or commitment upon any conviction or order. 45. It shall not be necessary for any Justice who acts before before same Justice. or after the hearing to be the Justice, or one of the Justices, by ceedings need not be 6 of 1850, s. 29. whom Justices Act.---1921. whom the case is heard; but wherever it is necessary for any matter of complaint to be heard and determined or for a conviction or order to be made by two or more Justices, such two or more Justices must be present and acting together during the whole of the hearing and determination of the case. 46. (1) Any person who (a) wilfully interrupts the proceedings of any Court: PART IV. DIVISION J. Contempt of Court. ss. 19 and 20. (b) conducts himself disrespectfully to the Justice or Justices 8 of 1869-70, s. 12, during the sittings thereof; (c) obstructs or assaults any person in attendance, or any officer thereof, in the execution of his duty, in view of the Court; or (d) wilfully disobeys any order made by the Court under subsection (2) of section 61 shall be guilty of an offence. Punishment: Imprisonment for one calendar month; or, (2) Any person who in the opinion of the Justice or Justices wilfully prevaricates in giving evidence to any Court of Summary Jurisdiction shall be guilty of an offence. Punishment: Imprisonment for one calendar month; or, (3) The Justice or Justices constituting the Court in whose presence any offence under this section is committed may forthwith convict the person guilty of such offence, either on their own view, or on the oath of some credible witness, and may issue their warrant of commitment accordingly. (4) Every such warrant of commitment shall be good and valid in law without any other order, summons, or adjudication whatsoever. (5) If any person convicted of any offence under subsection (1) hereof makes to the convicting Justices, before the rising of the Court, such an apology for the interruption or misbehaviour as they in their uncontrolled discretion deem satisfactory the Justices may, if they think fit, remit the penalty or imprisonment either wholly or in part. brought in most 47. (1) Upon the hearing of any complaint or application before Proceedings to be any Court the defendant may, before any evidence is given, object convenient Court. that there is a proper place at which a Court might be held more 298 of 1883-4, s. 21. easy of access than the place where the Court is then sitting, not only from the place of abode of such defendant, but also from the place where the subject matter of such complaint or application arose. (2) The Court may hear any evidence adduced and, if it appears to the Court that the objection is well founded, it may desist from further proceeding with the hearing. 48. Whenever PART IV. DIVISION I. Compensation may be awarded in vexatious cases. Justices Act.-1921. 48. Whenever any objection under section 47 is established to the satisfaction of the Court, and the person making the objection 298 of 1883-4, s. 22. complains at once to the Court that he has been brought to the place where the Court is held vexatiously and oppressively, the Court shall forthwith, and without any further summons or notice, proceed to hear and determine the matter of the objection in a summary way, and if the Court is of opinion that such is the fact it may order the complainant or the applicant to pay to the person making the objection, by way of compensation or amends, such sum not exceeding Five Pounds as it may think fit, and in default of payment the sum so awarded may be enforced by imprisonment for any period not exceeding seven days. DIVISION II. Complaint. 6 of 1850, s. 1. How laid. Cf. 6 of 1850, s. 2, 8. 7. Complaint to disclose only one matter. 6 of 1850, s. 9. Limitation of time DIVISION II. THE COMPLAINT AND THE PROCEEDINGS THEREON. 49. A complaint may be made to a Justice in any case where- (b) a Justice or Justices has, or have or shall have, authority 50. (1) A complaint may be made by the complainant in person, or by his counsel or solicitor, or by any other person authorised in that behalf. (2) No complaint need be in writing unless it is required to be so by some Special Act. (3) A complaint may be made without any oath being made of the truth thereof, except in any case (a) where some Special Act otherwise requires; or (b) where the Justice issues his warrant in the first instance. 51. Every complaint shall be for one matter of complaint only, and not for two or more matters. 52. Where no time is specially limited for making the complaint for laying informa- by any statute or law relating to the particular case, the complaint shall be made within six months from the time when the matter of the complaint arose. tion, &c. 6 of 1850, s. 10. Punishment of in the commission of offences. Accessories. 53. Every person who aids, abets, counsels, or procures the aiders and abettors commission of any simple offence may be proceeded against and convicted for the same, either together with the principal offender, or before or after his conviction, and shall be liable upon conviction to any penalty and punishment to which the principal offender is or was liable, or would be liable if he were convicted. 6 of 1850, s. 5. Allegations |