Justices Act.-1921. Allegations and Descriptions in Complaints and Proceedings thereon. PART IV. DIVISION II. 54. (1) Whenever in any complaint, or the proceedings thereon, Allegations as to it is necessary to state the ownership of any property belonging to, ownership. or in the possession of, partners, joint tenants, parceners, or tenants 6 of 1850, s. 4. 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). (2) Whenever in any complaint or the proceedings thereon it is Parties. necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the same manner. (3) Whenever in any complaint or the proceedings thereon it is Property in public necessary to describe the ownership of any work or building made, works. maintained, or repaired at the expense of any public board of commissioners or trustees, or of any materials for the making, altering, or repairing of the same, it shall be sufficient to describe the same as the property of such commissioners or trustees without naming them. 55. In any complaint and in any proceedings thereon the Description of description of any offence in the words of the Special Act or other offence. document creating the offence, or in similar words, shall be sufficient 298 of 1883-4, s. 35 in law. Exceptions and Exemptions. exemptions need not 56. (1) No exception, exemption, proviso, excuse, or quali- Exceptions or fication (whether it does or does not accompany in the same section be specified or disthe description of the offence in the Special Act or other document proved by the comcreating the offence) need be specified or negatived in the complaint. (2) Any such exception, exemption, proviso, excuse, or qualification as aforesaid may be proved by the defendant, but, whether it is or is not specified or negatived in the complaint, no proof in relation to it shall be required on the part of the complainant. Summons to Defendant. plainant. 298 of 1883-4, s. 35. summons to issue. 6 of 1850, s. 1. 57. Whenever a complaint is made in manner aforesaid any Upon complaint Justice may issue his summons for the appearance of any person charged by the complaint or against whom the order is thereby sought to be made: Provided that nothing herein mentioned shall oblige any Justice to issue his summons in any case where the application any order of Justices is by law to be made ex parte. for Warrant to Apprehend a Defendant. 58. (1) No warrant to apprehend any defendant shall be issued Issue of warrant. unless the matter of the complaint is substantiated to the satisfaction 6 of 1850, ss. 2 and of the Justice upon oath made before him. (2) When the matter of any complaint (a) charging the defendant with the commission of a simple offence; or (b) made 12. PART IV. DIVISION II. Defendant on apprehension to be brought before Justice. 6 of 1850, s. 15. Remand or discharge on recognizance. DIVISION III. Sittings to be in open Court but Justices Act.-1921. (b) made for the purpose of having the defendant bound over to keep the peace or be of good behaviour; or (c) under any Special Act which authorises the issue of a warrant in the first instance, is substantiated as aforesaid a Justice may, instead of issuing his summons, issue his warrant in the first instance to apprehend the defendant. (3) If any defendant fails to appear in obedience to a summons any Justice may issue his warrant for the apprehension of the defendant: Provided (a) that the matter of the complaint is substantiated as aforesaid; and (b) that it is proved to the satisfaction of the Justice that the summons was duly served (what he deems) a reasonable time before the time appointed for the hearing. Return of Warrant and Remand. 59. When a defendant is apprehended under a warrant he shall be brought before a Justice, who shall thereupon commit him into custody or discharge him upon recognizance as hereinafter provided. 60. (1) When a defendant is apprehended under a warrant or is remanded upon any adjournment of the hearing, the Justice shall commit the defendant (a) by warrant to the nearest prison or to some place of security; or (b) verbally to the custody of the constable or other person who has apprehended him; or (c) verbally to such other safe custody as the Justice deems fit, and the Justice shall order the defendant to be brought up at some stated time and place before such Justice or Justices as shall then be there, of which order the complainant shall have due notice. (2) In any such case the Justice may, instead of committing the defendant as aforesaid, discharge him upon his entering into a recognizance conditioned for his appearance at the time and place appointed for the hearing or further hearing (as the case may be). DIVISION III. THE HEARING. 61. (1) The room in which any Court sits shall be deemed an witnesses and other open and public Court, to which the public generally may have access so far as the same can conveniently contain them, and subject to the provisions hereinafter contained. persons may be ordered to leave the Court. Cf. 6 of 1850, ss. 11, 14. (2) The Court may, if it thinks fit, order that all witnesses (except the parties and any of their witnesses whom it sees fit to except) shall go and remain outside and beyond the hearing of the Court until required to give evidence. (3) Nothing Justices Act.-1921. PART IV. DIVISION III. Evidence Publica (3) Nothing herein contained shall restrict the power of the Court Saving of the under the Evidence Publication Act, 1917, or require any case to be tion Act, 1917, and of heard in open court if it is, by any Special Act, required or authorised Special Acts for proto be heard in camera. ceedings in camera. 62. If the defendant fails to appear in obedience to the summons On non-appearance the Court may (a) issue a warrant as provided by section 58, and adjourn (b) upon proof that the summons was served a reasonable time of defendant Court may issue warrant or proceed ex parte. 6 of 1850, s. 12. Court to dismiss complaint, or at hearing. discretion adjourn 63. (1) If the defendant appears in obedience to the summons, If the complainant or is brought before the Court by virtue of any warrant, then if the does not appear, complainant, having had due notice, does not appear in person or by his counsel or solicitor, the Court shall dismiss the complaint, unless for some reason it thinks proper to adjourn the hearing. (2) In any such case any single Justice shall be competent to dismiss the complaint, or to adjourn the hearing. 64. If both parties appear before the Court, either in person or by their respective counsel or solicitors, then the Court shall proceed to hear and determine the matter of the complaint. 65. (1) The hearing of any complaint may be adjourned from time to time, and at any time before it is completed, either Cf. 6 of 1850, If both parties appear, Court to the case. 6 of 1850, s. 12. Power to the Court or a Justice to adjourn the hearing. (a) by any Court before which the complaint comes for hear- 6 of 1850, s. 15. ing; or (b) if no Court is then sitting to hear the complaint, then by any Justice. (2) Every such adjournment shall be to a time and place appointed and stated by the Court or the Justice in the presence and hearing of the party or parties then present. (3) The adjournment shall be allowed upon such (if any) terms. as the Court or the Justice thinks fit, and in the meantime the Court or the Justice may suffer the defendant to go at large, or may remand him into custody, or discharge him upon recognizance, in the manner provided by section 60. competent Court 66. (1) If no Justice is present at the time and place at which Postponement of any summons is returnable, or to which the hearing is adjourned or hearing where no postponed, the clerk shall, at the request of the complainant, post- available. pone the hearing until the next day on which a Justice or Justices cf. 298 of 1883-4, (as the case may require) will attend at such place. (2) Such postponement shall be made by delivering to the complainant and to the defendant, or such of them as may be present, 8. 23. a PART IV. DIVISION III. When defendant pleads guilty, Court to convict or make an order. 6 of 1850, s. 13. If defendant pleads not guilty Court to hear parties and their evidence. Cf. 6 of 1850, s. 13. After hearing the parties Court to convict or dismiss. Cf. 6 of 1850, s. 13. DIVISION IV. Conviction to be minuted. 6 of 1850, s. 13. Justices Act.-1921. a memorandum in the prescribed form, and every defendant and witness to whom a copy of such memorandum is delivered shall be under the like obligation to attend at the time and place therein mentioned, and shall be subject to the same obligations and liabilities, as if such memorandum were a summons issued by a Justice. 67. (1) When the defendant is present at the hearing the substance of the complaint shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him (as the case may be). (2) If the defendant admits the truth of the complaint, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, the Court shall convict him or make an order against him accordingly. 68. (1) If the defendant does not admit the truth of the complaint the Court shall proceed to hear (a) the complainant and his witnesses and any other evidence which he adduces in support of his complaint; (b) the defendant and his witnesses and any other evidence which he adduces in his defence; and (c) any evidence which the complainant adduces in reply if the defendant adduces any evidence other than as to his, the defendant's, general character. (2) Subject to the provisions of section 377 of the Criminal Law Consolidation Act, 1876, every witness shall be examined upon oath. (3) The practice before a Court of Summary Jurisdiction upon the hearing of any complaint with respect to the examination and cross-examination of witnesses and the right of addressing the Court in reply, or otherwise, shall be in accordance, as nearly as may be, with the practice for the time being of the Supreme Court upon the trial of an action. 69. When the parties and their evidence have been heard, the Court shall consider the whole matter and determine the same, and shall convict or make an order against the defendant or dismiss the complaint, as the case may require: Provided that the Court may, at any time before the matter has been finally determined, without determining the same permit the complaint to be withdrawn, upon such terms (if any) as it thinks fit. DIVISION IV.-JUDGMENT. The Conviction or Order. 70. When the Court convicts or makes an order against the defendant a minute or memorandum of the conviction or order shall then be made. No fee shall be paid for any such minute or memorandum. 71. (1) If Justices Act.-1921. PART IV. DIVISION IV. of dismissal. 71. (1) If the Court dismisses the complaint a minute or memo- Order and certificate randum shall be made as aforesaid, and the Court may, on being required to do so and if it thinks fit, draw up an order of dismissal 6 of 1850, s. 13. and give the defendant a certificate thereof. (2) A certificate of dismissal shall, upon production and without further proof, be a bar to any subsequent complaint for the same matter against the same party. 72. Every party interested in any conviction or order shall be entitled to demand and have copies of the complaint and depositions, and of the conviction or order (as the case may be), and the clerk shall furnish the same upon payment of the fees authorised in that behalf. Distribution of Penalties. Person interested the proceedings. may obtain copies of corrupt practices by 73. In order to discourage corrupt practices by common informers For discouraging the Court may, upon any conviction, and notwithstanding the pro- common informers. visions of any Special Act to the contrary, adjudge that no part, or Cf. 6 of 1850, s. 48, such part only of the penalty as it thinks fit, be paid to the informer. Discretion of the Court with Relation to Penalties and Punishment. 74. In any case where the Special Act authorises the imposition Penalties in discreof a fine of uncertain amount-that is to say, a fine of not less than, tion of Court. or not exceeding, some certain amount or amounts in that behalf 6 of 1850, s. 47. specified-the amount of every such fine, within the limits so prescribed, shall be in the discretion of the Court. Courts to refrain 75. (1) Upon the hearing of any complaint under this or any General power of Act, whether past or future, and notwithstanding the provisions from or mitigate of any other enactment to the contrary, a Court of Summary punishment, Jurisdiction shall have the powers conferred by this section: Pro- Proviso against vided that nothing herein contained— I. shall authorise any Court to reduce below the prescribed II. shall affect the powers conferred upon the Court by the (2) If the Court thinks that the charge is proved, but that the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or to inflict any other than a nominal punishment, the Court may (a) without proceeding to conviction dismiss the complaint, reduction of fine below amount provided by treaty, etc. 298 of 1883-4, s. 38. Power of Court to without punishment in certain cases. discharge defendant 298 of 1883-4, s. 32. |