Justices. Hearing. 137. IF both parties appear either personally or by counsel or Both parties appear- solicitor, then the Justices shall proceed to hear and determine the ing. complaint. 138. WHEN the defendant is present at the hearing, the Proceedings at the hearing on defen. substance of the complaint shall be stated to him, and he shall be dant's confession. asked if he has any cause to show why he should not be convicted, or why an order should not be made against him; and if he has no cause to show, then the Justices present at the hearing may convict him, or make an order against him accordingly. Where defendant case. 139. BUT if he does not admit the truth of the complaint, does not admit the then the Justices shall proceed to hear the complainant and his witnesses, and also the defendant and his witnesses, and also such witnesses as the complainant may examine in reply, if the defendant has given any evidence other than as to his general character; and the Justices, having heard the evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order upon the defendant or dismiss the complaint, as justice may require. Justices may pro absence of both or 140. IF at the time or place to which a hearing or further ceed to hearing in hearing is adjourned, either or both of the parties does not or do not appear personally or by counsel or solicitor, the Justices then present may proceed to such hearing or further hearing as if such party or parties were present; or if the complainant does not appear, the Justices may dismiss the complaint with or without costs. either of the parties. Conduct of summary proceedings regulated. Dismissal of complaint. Practice. 141. THE practice before Justices upon the hearing of a complaint of a simple offence or breach of duty shall, in respect of the examination and cross-examination of witnesses be in accordance as nearly as may be with the practice for the time being of the Supreme Court upon the trial of an issue of fact in an action at law. But the complainant, his counsel, or solicitor shall not, without the leave of the Justices, be entitled to make any observations in reply upon the evidence given by the defendant; nor shall the defendant, his counsel, or solicitor without such leave be entitled to make any observations in reply upon any evidence given by the complainant in reply. Dismissal. 142. IF the Justices dismiss a complaint, they may, if required so to do, and if they think fit, make an order of dismissal, and give the defendant a certificate thereof, which certificate shall, upon production and without further proof, be a bar to any subsequent complaint for the same matter against the same person. 143. Justices. 143. WHEN a summary conviction or order adjudges the Summary convicpayment of a pecuniary penalty or compensation or a sum of money tion for a penalty. or costs, and by this Act or the Act authorising the decision the amount of such penalty, compensation, or sum of money or costs is To be levied on the goods and chattels of the defendant by (2.) No mode of raising or levying such penalty, compensation, the conviction shall adjudge the same to be recoverable by execution Provided that (a.) If it appears to the Justices that an execution against the (b.) By the confession of the defendant or otherwise, that he the Justices may, instead of adjudging that such penalty, compensa- 144. WHEN, by a conviction or order, any sum or costs is or are adjudged to be paid, the Justices may do all or any of the Payment by instalfollowing things, namely: (1.) Allow time for the payment of the sum or costs; (2.) Direct payment of the sum or costs to be made by instalments; (3.) Direct that the person liable to pay the sum or costs shall Act. When a sum or costs is or are directed to be paid by instalments, and default is made in the payment of any one instalment, the same taken for payment of, money. Fine inflicted for assault may be Justices. same proceedings may be taken as if the original conviction or order had adjudged the payment of all the instalments then remaining unpaid and default had been made therein. The Justices directing the payment of a sum or costs, or of an instalment of a sum or costs, may direct such payment to be made at such time or times and in such place or places and to such person or persons as may be specified; and every person to whom any such sum or costs or instalment is or are paid, if he is not the clerk of petty sessions, shall, as soon as may be, pay over or account for the same to the clerk of petty sessions. 145. (1.) ON the summary conviction of any person of an assault, the Justices may award that the fine or part thereof shall be awarded to person paid to the person assaulted. assaulted, Formal record of conviction not necessary, except for special purposes. No certiorari. Copies of proceedings in summary cases. Imprisonment in first instance. (2.) The order of the Justices shall be a sufficient authority to the clerk of petty sessions receiving such fine for payment to the person assaulted. 146. IT shall not be necessary for Justices formally to draw up a conviction or order or any other record of a decision, except on summary conviction for an indictable offence, unless the same is required by a party to the proceedings for the purpose of an appeal against the decision, or is required for the purpose of a return to a writ of habeas corpus or other writ from the Supreme Court. No Certiorari. 147. NO conviction or order shall be quashed for want of form, or be removed by certiorari or otherwise into the Supreme Court, and no warrant of commitment on a conviction shall be held void by reason of any formal defect therein; provided it is therein alleged that the party has been duly convicted, and there is a good and valid conviction to sustain it. Copies of Depositions, etc. 148. WHEN a conviction or order is made, or a complaint is dismissed by Justices, all parties interested therein shall be entitled to demand and have copies of the complaint and depositions, and of the conviction or order, from the officer or person having the custody thereof, on payment of a reasonable sum for the same, not exceeding threepence for each folio of seventy-two words, or at such other rate as may be prescribed by regulation. Imprisonment. 149. WHEN the Justices, upon a conviction, adjudge the defendant to be imprisoned with or without hard labour, they shall issue their warrant of commitment accordingly. 150. Justices. 150. WHEN Justices, upon making a conviction or order for a simple offence or breach of duty, adjudge the defendant to be imprisoned, and the defendant has previously been adjudged to be imprisoned upon a conviction or order for any other offence (whether an indictable offence or not), or breach of duty, or is adjudged at the same petty sessions to be imprisoned for any other offence or breach of duty, the Justices may, if they think fit (whether the defendant is actually undergoing imprisonment or not) adjudge that the imprisonment for such subsequent offence shall commence at the expiration of the term of imprisonment which the defendant is then undergoing or liable to undergo, or of any term of imprisonment to which he is sentenced at the same petty sessions. Subject as aforesaid, every term of imprisonment imposed by Justices under this Act shall commence to run from the time when the defendant is first imprisoned under the warrant of commitment. Imprisonment for a subsequent offence. Costs. Costs on conviction 151. IN all cases of summary convictions and orders, the Justices making the same may, in their discretion, order by the conviction or order. or order that the defendant shall pay to the complainant such costs as to them seem just and reasonable. 152. WHEN Justices, instead of convicting or making an order, dismiss the complaint, they may, by their order of dismissal, order that the complainant shall pay to the defendant such costs as to them seem just and reasonable. Costs on dismissal. 153. THE sum so allowed for costs shall, in all cases, be specified The sum allowed for in the conviction or order or order of dismissal. costs to be specified in the conviction or order. Costs, how recover 154. THE sum allowed for costs in a conviction or order by which a penalty or sum of money is adjudged to be paid shall be able recoverable in the same manner and under the same warrants as the penalty or sum of money adjudged to be paid by the conviction or order is recoverable. Execution. 155. WHEN the decision adjudges the payment of a pecuniary Warrant of execupenalty or compensation or sum of money or costs, or when an order tion. requires the payment of a sum of money or costs, and by this Act or the Act authorising the decision, the amount of the penalty, compensation, or sum of money or costs is to be levied by distress and sale of the goods and chattels of the person liable to make such payment, or by execution, and also when the mode of raising or levying such penalty, compensation, sum of money or costs, Discharge or detainer of defendant tion defendant committed. Justices. costs, or of enforcing the payment of the same is not specified by any Act, then the same shall be recoverable by execution against the goods and chattels of the person liable to make such payment, and a warrant of execution may be issued for the purpose of levying the same. 156. WHEN a Justice issues a warrant of execution, he may suffer the person against whom the warrant is issued to go at large, or he may verbally, or by writing, order such person to be kept and detained in safe custody until return is made to the warrant of execution, unless such person gives sufficient security, by recognisance or otherwise, to the satisfaction of the Justice for his appearance at the time and place appointed for the return of the warrant of execution. 157. IN any case in which a warrant of execution may be In default of execu- issued under the provisions herein before contained, if at the time and place appointed for the return of the warrant the officer who has the execution of the same returns that he could find no goods or chattels, or no sufficient goods or chattels, whereon he could levy the sum therein mentioned, together with the costs of or occasioned by levying the same, the Justice before whom the same is returned may issue his warrant of commitment of the person, against whom the warrant of execution is issued, to gaol there to be imprisoned with or without hard labour for such period as shall have been adjudged by the conviction, unless the sum adjudged to be paid and all costs and charges of the execution, and also, if the Justice thinks fit so to order, the costs and charges of taking and conveying such person to gaol (the amount thereof being ascertained and stated in the warrant of commitment) are sooner paid. Commitment for non-payment of a penalty or a sum ordered to be paid. 158. WHEN the Act by virtue of which a conviction or order for a penalty or compensation, or for the payment of a sum of money or costs is made, makes no provision for such penalty or compensation or sum or costs being levied by distress or execution, but directs that, if the same is not paid forthwith or within a certain time therein mentioned, or to be mentioned in the conviction or order, the defendant shall be imprisoned with or without hard labour for a certain time, unless such penalty, compensation, or sum or costs is or are sooner paid, then such penalty, compensation, or sum or costs shall not be levied by execution; but if the defendant does not pay the same forthwith, or at the time and in the manner specified in the conviction or order for payment thereof, the Justices making the conviction or order, or any other Justice, may issue his warrant of commitment of the defendant to gaol there to be imprisoned with or without hard labour for such period as shall have been adjudged by the conviction, unless the sum and costs (if any), or the costs, adjudged |