Justices of the Peace, &c.

information being laid as aforesaid, for any offence punishable on conviction, the Justice or Justices before whom such information shall have been laid, may if he or they shall think fit, upon oath or affirmation being made before him or them, substantiating the matter of such information to his or their satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his or their warrant (C) for apprehending the person against whom such information shall have been so laid, and bringing him before the same Justice or Justices or some other Justice or Justices of the Peace for the said Colony to answer to the said information and to be further dealt with according to law; or if where a summons shall be issued as aforesaid, and upon the day and at the place appointed in and by the said summons for the appearance of the party so summoned, such party shall fail to appear accordingly in obedience to such summons, then and in every such case, if it be proved upon oath or affirmation to the Justice or Justices then present that such summons was duly served upon such party a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such Justice or Justices of the Peace to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon as fully and effectually to all intents and purposes, as if such party had personally appeared before him or them in obedience to such summons.

or may issue warrant in the

first instance;

or if summons, served but not obeyed, the proceed ex parte

having been duly

Justices may

3. And be it enacted that every such warrant to apprehend a Form of warrant defendant that he may answer to any such information or complaint as aforesaid, shall be under the hand and seal or hands and seals of the Justice or Justices issuing the same, and may be directed either to any Constable or other person by name or generally to the Constable of the district within which the same is to be executed, without naming him or to such Constable or all other Constables within the said Colony or generally to all the Constables within the said Colony, and it shall state shortly the matter of the information or complaint on which it is founded, and shall name or otherwise describe the person against whom it has been issued, and it shall order the Constable or other person to whom it is directed, to apprehend the said defendant and to bring him before one or more Justice or Justices or the Peace (as the case may require) of the said Colony, to answer to the said information or complaint and to be further dealt with according to law; and that it shall not be necessary to make such warrant returnable at any par- When and how ticular time, but the same may remain in full force until it shall be executed; and such warrant may be executed by apprehending the defendant at any place within the said Colony; and in all cases where such warrant shall be directed to all Constables or Peace Officers within the said Colony, to execute such warrant in like manner as if such warrant were directed specially to such Constable by name, and notwithstanding that the place in which such warrant shall be executed shall not be within the district for which he shall be such Constable or other Peace Officer: Provided always that no objection shall be taken or allowed to any such warrant to apprehend a defendant so issued upon any such information or complaint as aforesaid, under or by virtue of this Ordinance for any alleged defect therein in substance or in form or for any variance between this and the evidence adduced on the part of the informant or complainant as hereinafter mentioned; but if any such variance shall appear to the Justice or Justices present

warrant may be executed

No objection alof form in the warrant or for between it and the evidence

lowed for want

any variance

adduced;

but if the party

charged is deceived by the

variation, he may

be committed or discharged upon recognizance;

but if he fail to reappear the Justice may transmit the recognizance to the Clerk of the Peace

Description of

the property of partners, &c.

Prosecution and

punishment of aiders and abettors in the commission of offences

Power to Justice

to summon witnesses to attend

Justices of the Peace, &c.

and acting at such hearing, to be such that the party so apprehended under such warrant has been thereby deceived or misled, it shall be lawful for such Justice or Justices upon such terms as he or they shall think fit to adjourn the hearing of the case to some future day, and in the meantime to commit (D) the said defendant to the house of correction or other prison, lock-up house or place of security or to such other custody as the said Justice or Justices shall think fit or to discharge him upon his entering into a recognizance (E) with or without surety or sureties at the discretion of such Justice or Justices, conditioned for his appearance at the time and place to which such hearing shall be so adjourned: Provided always that in all cases where a defendant shall be discharged upon recognizance as aforesaid, and shall not afterwards appear at the time and place in such recognizance mentioned, then the said Justice who shall have taken the said recognizance or any Justice or Justices who may then be there present, upon certifying (F) upon the back of the said recognizance the non-appearance of the defendant, may transmit such recognizance to the Clerk of the Peace of the place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primâ facie evidence of such non-appearance of the said defendant.

4. And be it enacted that in any information or complaint 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, jointtenants, 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 complaint or the proceedings thereon it shall be necessary to mention for any purpose whatsoever any partners, jointtenants, parceners or tenants in common, it shall be sufficient to describe them in manner aforesaid; and all property of any persons described in any Act or Ordinance now made or hereafter to be made or in any charter or letters of incorporation now in existence or hereafter to be granted, as commissioners, directors, trustees or by any other general designation whatsoever may be described as the property of such commissioners, directors, trustees or by any other general designation without naming them.

5. And be it enacted that every person who shall aid, abet, counsel or procure the commission of any offence which is or hereafter shall be 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 is or shall be by law liable, and may be proceeded against and convicted either in the district or place where such principal offender may be convicted or in that in which such offence of aiding, abetting, counselling or procuring may have been committed.

6. And be it enacted that if it shall be made to appear to any Justice of the Peace by the oath or affirmation of any credible person and give evidence that any person within the jurisdiction of such Justice is likely to give material evidence in behalf of the prosecutor or complainant or defendant, and will not voluntarily appear for the purpose of being examined

Justices of the Peace, &c.

If summons be Justices may issue warrant

not obeyed,

as a witness at the time and place appointed for the hearing of such information or complaint, such Justice may and is hereby required to issue his summons (G 1) to such person under his hand and seal, requiring him to be and appear at the time and place mentioned in such summons before the said Justice or before such other Justice or Justices of the Peace for the said Colony as shall then be there to testify what he shall know concerning the matter of the said information or complaint; 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 or affirmation of such summons having been served upon such person either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum was paid or tendered to him for his costs and expense in that behalf) it shall be lawful for such Justice or Justices before whom such person shall have appeared, to issue a warrant (G 2) under his or their hands and seals to bring and have such person, at a time and place to be therein mentioned, before the Justice who issued the said summons or before such other Justice or Justices of the Peace for the said Colony as shall then be there to testify as aforesaid; or if such Justice shall be satisfied by evidence upon oath or affirmation that it is probable that such person will not attend to give evidence without being compelled to do so, then instead of issuing such summons it shall be lawful for him to issue his warrant (G 3) in the first instance, and if on the appearance of such person so summoned before the last mentioned Justice or Justices, either in obedience to the said summons or upon being brought before him or them by virtue of the said warrant such person shall refuse to be examined upon oath or affirmation concerning the premises, or shall refuse to take such oath or affirmation, or having taken such oath or affirmation shall refuse to answer such questions concerning the premises as shall then be put to him without offering any just excuse for such refusal, any Justice of the Peace then present and having there jurisdiction may by warrant (G 4) under his hand and seal commit the person so refusing to the Persons appearcommon gaol or house of correction for the place where such persone, refusing to so refusing shall then be, there to remain or be imprisoned for any be examined may time not exceeding seven days, unless he shall in the meantime consent to be examined and to answer concerning the premises.

7. And be it enacted that in all cases of complaints upon which a Justice or Justices of the Peace may make an order for the payment of money or otherwise it shall not be necessary that such complaint shall be in writing unless it shall be required to be so by some particular Act or Ordinance upon which such complaint shall be framed.

In certain cases may in

warrant in the

first instance

ing on summons,

be committed

Complaints for

an order need

not be in writing

summary

8. And be it declared and enacted that in all cases of informations As to proceedings for any offences or acts punishable upon summary conviction any tions for offences upon informa variance between such information and the evidence adduced in sup- punishable on port thereof as to the time at which such offence or act shall be alleged convictions to have been committed shall not be deemed material if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence adduced in support thereof as to the district or place in which the offence or act shall be alleged to have been committed shall

The party charged, if deceived by variation between

information and

committed or

discharged upon recognizance;

Justices of the Peace, &c.

not be deemed material, provided that the offence or act be proved to have been committed within the jurisdiction of the Justice or Justices by whom such information shall be heard and determined; and if any such variance or any variance in any other respect between such information and the evidence adduced in support thereof, shall appear to the Justice or Justices present and acting at the hearing to be such evidence, may be that the party charged by such information has been thereby deceived or misled, it shall be lawful for such Justice or Justices upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit (D) the said defendant to the house of correction or other prison, lock-up house or place of security or to such other custody as the said Justice or Justices shall think fit or to discharge him upon his entering into a recognizance (E) with or without surety or sureties at the discretion of such Justice or Justices conditioned for his appearance at the time and place to which such hearing shall be so adjourned: Provided always that in all cases where a defendant shall be discharged upon recognizances aforesaid and shall not afterwards appear at the time and place in such recognizance mentioned, then the said Justice who shall have taken the said recognizance or any Justice or Justices who may then be there present, upon certifying (F) upon the back of the said recognizance the non-appearance of the defendant, may transmit such recognizance to the Clerk of the Peace of the place within which such recognizance shall have been taken, to be proceeded upon in like manner as other recognizances, and such certificate shall be deemed sufficient primâ facie evidence of such non-appearance of the said defendant.

but if he fail to reappear the Justice may transmit the recognizance to the Clerk of the Peace

Manner of making complaint or laying information

When warrant

issued in the first instance information to be upon oath, &c.

Time limited for such complaint or information

9. And be it declared and enacted that every such complaint upon which a Justice or Justices of the Peace is or are or shall be authorised by law to make an order, and that every information for any offence or act punishable upon summary conviction, unless some particular Act or Ordinance shall otherwise require, may respectively be made or laid without any oath or affirmation being made of the truth thereof; except in cases of informations where the Justice or Justices receiving the same shall thereupon issue his or their warrant in the first instance to apprehend the defendant as aforesaid, and in every such case where the Justice or Justices shall issue his or their warrant in the first instance, the matter of such information shall be substantiated by the oath or affirmation of the informant or by some witness or witnesses on his behalf, before any such warrant shall be issued; and every such complaint shall be for one matter of complaint only, and not for two matters of complaint; and every such information shall be for one offence only and not for two or more offences; and every such complaint or information may be laid or made by the complainant or informant in person or by his counsel or attorney or other person authorized in that behalf.

10. And be it enacted that in all cases where no time is already or shall be hereafter specially limited for making any such complaint or laying any such information in the Act or Acts or Ordinance or Ordinances relating to each particular case, such complaint shall be made and such information shall be laid within six calendar months from the time when the matter of such complaint or information respectively arose.

Justices of the Peace, &c.

of complaints or

Places in which

Justices shall sit to hear com

plaints to be court

deemed an open

Parties allowed

Court punishable by fine or

contempt of

imprisonment

11. And be it enacted that every such complaint and information As to the hearing shall be heard, tried, determined and adjudged by one or two or more informations Justice or Justices of the Peace as shall be directed by the Act or Ordinance upon which such complaint or information shall be framed or such other Act or Acts or Ordinance or Ordinances as there may be in that behalf; and if there be no such direction in any such Act or Ordinance, then such complaint or information may be heard, tried, determined and adjudged by one or more Justice or Justices of the Peace for the said Colony; and the room or place in which such Justice or Justices shall sit to hear and try any such complaint or information, shall be deemed an open or public Court, to which the public generally may have access, so far as the same can coveniently contain them; and the party against whom such complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined by counsel or attorney to plead by counin his behalf; and every complainant or informant in any such case sel or attorney shall be at liberty to conduct such complaint or information respectively, and to have the witnesses examined and cross-examined by counsel or attorney in his behalf; and if any person shall wilfully insult any Persons guilty of Justice or Justices sitting in such Court or any Justice or Justices sitting in any Court of Petty Sessions or shall commit any contempt of any such Court, it shall be lawful for such Justice or Justices by any verbal order to direct such person to be taken into custody, and at any time before the rising of such Court by warrant under his or their hand and seal, to commit such person to any gaol or lock-up house of the Colony for any period not exceeding seven days, or to fine such person in any sum not exceeding forty shillings, which in case of non-payment may be levied in like manner as other fines or penalties. 12. And be it enacted that if at the day and place appointed in and by the summons aforesaid for hearing and determining such complaint or information, the defendant against whom the same shall have been made or laid shall not appear when called, the Constable or other person who shall have served him with the summons in that behalf, shall then declare upon oath in what manner he served the said summons; and if it appear to the satisfaction of any Justice or Justices that he duly served the said summons, in that case such Justice or Justices may proceed to hear and determine the case in the absence of such defendant, or the said Justice or Justices, upon the non-appearance of such defendant as aforesaid, may, if he or they think fit, issue his or their warrant in manner herein before directed, and shall adjourn the hearing of the said complaint or information until the said defendant shall be apprehended, and when such defendant shall be afterwards apprehended under such warrant he shall be brought before the same Justice or Justices or some other Justice or Justices of the said Colony, who shall thereupon, either by his or their warrant (H), commit such defendant to the house of correction or other prison, lock-up house or place of security, or, if he or they shall think fit, verbally to the custody of the Constable or other person who shall have apprehended him, or to such other safe custody as he or they shall deem fit, and order the said defendant to be brought up at a certain time and place before such Justice or Justices of the Peace as shall then be there, of which said order the complainant or informant

not appear Jus

If defendant does tices may proceed to hear and dewarrant, and adjourn the hearing apprehended

termine or issue

till defendant is

VOL. I.

K