in his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such prosecutor or person a certificate (42) of such indictment having been found or preferred; Indictable Form No. 78. and upon production of such certificate to any Justice of the Peace, having jurisdiction at the place in which the offence shall in such indictment be alleged to have been committed, or in which the person so indicted shall be supposed to reside or be, it shall be lawful for such Justice, and he is hereby required to issue his warrant (43) to apprehend such person, and to cause Form No. 79. him to be brought before some Justice of the Peace, to be dealt with according to law; and afterwards, if such person be thereupon apprehended and brought before any such Justice, such Justice, upon proof that the person so brought before him is the same person who is charged and named in such indictment, shall, without further inquiry or examination, commit him (44) for Form No. 80. trial, or admit him to bail in manner hereinbefore mentioned: custody. If such person shall then be confined in any gaol or prison Or detainer, for any other offence, it shall be lawful for such Justice, and he if already in is hereby required, upon such proof of identity as aforesaid, to issue his warrant, (45) directed to the gaoler or keeper of Form No. 81. the gaol or prison in which the person so charged shall then be confined as aforesaid, commanding him to detain such person in his custody, until, by Her Majesty's writ of habeas corpus, he shall be removed therefrom, for the purpose of being tried, or until he shall otherwise be removed or discharged by due course of law. to abscond 75. Whenever any person charged with any indictable offence Accused held shall have been held to bail in manner aforesaid, it shall be to bail, about lawful for the Justice by whom he shall have been held to bail, arrest on or for any other Justice, if he shall see fit, upon the application application of of the prosecutor or of the sureties, or either of the sureties, of surety. such person, and upon information being made in writing and upon oath by such prosecutor or by such surety, or by some person on behalf of such prosecutor or surety, that the person so bailed is about to abscond, for the purpose of evading justice, to issue his warrant for the arrest of such person so bailed, and afterwards, upon being satisfied that the ends of justice would otherwise be defeated, to commit such person when so arrested to gaol until his trial. 76. If it shall be made to appear upon oath, to the satisfac- Witness under tion of any Justice of the Peace, that any person within the recognizance Indictable jurisdiction of such Justice is under recognizance to appear and Offences. give evidence at the trial of a person accused of an indictable about to absent offence, and is about to leave the Colony, or to absent himself himself may be arrested. Until recog nizances. Two Justices may convict of assault and imprison. "Two." Or fine. If fine and from such trial, it shall be lawful for such Justice to issue his warrant for the arrest of such person so under recognizance; and afterwards, upon being satisfied that the ends of justice would be otherwise defeated, to commit such person when so arrested to gaol, there to be kept until the trial of the accused party, unless he shall in the meantime enter into a recognizance with sureties sufficient in the opinion of such Justice to secure his appearance at such trial. SUMMARY JURISDICTION IN CASES OF ASSAULT. 77. If any person shall unlawfully assault or beat any other person, two Justices of the Peace, upon information by or on behalf of the party aggrieved, may hear and determine such offence; and the offender shall, upon conviction thereof before them, at the discretion of the Justices, either be committed to gaol, there to be imprisoned, with or without hard labour, for any term not exceeding three months,(1) or shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs, the sum of ten pounds; and if such fine as shall be so awarded, together with the costs not paid, costs (if ordered), be not paid, either immediately after the conviction, or within such period as the said Justices shall at the time of the conviction appoint, they may commit the offender to may imprison. gaol, there to be imprisoned, with or without hard labour, for any term not exceeding three months,(1) unless such fine and costs be sooner paid. "Two." Dismissal. But if the Justices, upon the hearing of any such case of assault or battery, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, they shall dismiss the case. Attempt at Provided always, that in case the Justices shall find the felony, or assault or battery complained of to have been accompanied by aggravated case, treated as any attempt to commit felony, or shall be of opinion that the same is, from the aggravated nature thereof, or from any other circumstance, a fit subject for a prosecution by indictment; indictable. () "The Justices of the Peace Act Amendment Act, 1869," s. 4, reduces the period of imprisonment, either in first instance or in default, to two months. See the Act, post. they shall abstain from any adjudication thereupon, and shall Summary deal with the matter as an indictable offence: Jurisdiction. Provided also that nothing herein contained shall authorize No jurisdic tion-title,&c. Justices to hear and determine any case of assault or battery, any in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any Court of Justice. dismissal at time. 78. If the Justices, upon the hearing of any such case of Certificate of assault or battery upon the merits, where the information was preferred by or on behalf of the party aggrieved, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the case, they shall, being required so to do forthwith, make out a certificate under their hands stating the fact of such dismissal, and shall deliver such certificate to the party against whom the information was preferred; but it shall be lawful to require and give such certificate at Or afterwards, any time thereafter, provided a minute of such dismissal was made if minute by the Justices or their clerk at the time thereof. made. 79. If any person, against whom any such information as in No further the two last sections mentioned, shall have been preferred by or proceedings. on behalf of the party aggrieved shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprisonment or imprisonment Sic. awarded; in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause: 80. Provided always that the prosecution for every assault or Prosecution battery, punishable on summary conviction under this Act, shall within three be commenced within three months after the commission of the offence. 81. [The eighty-first section of the Act is repealed, and the following substituted in its stead by "The Justices of the Peace Act Amendment Act, 1869," 8. 5.] 66 months. injury. "When any person shall be convicted before two Justices of Compensation the Peace of an assault, and it shall appear upon the evidence in cases of "of a credible witness other than the party assaulted, that such "assault was wanton and unprovoked, and attended with bodily "injury to the person assaulted, or with injury to his clothes, or Larceny. Summary "with injury to any property then in his immediate personal cusJurisdiction. « tody, and where in any such case a fine shall have been imposed "upon the offender, it shall be lawful for such Justices as aforesaid, "when it shall appear to them proper that compensation be made "for the injury inflicted, to award to the party injured such portion of the fine so levied as to them shall seem meet; and the order of "such Justices shall be a sufficient authority to the Clerk receiving "such fine for the payment of the portion so awarded to the party "injured: Provided always that the sum so to be awarded shall "not in any case exceed one-half of the fine levied." 66 Not more than 20s. value. Justice may dismiss. Two Justices may convict of larceny- property not exceeding £5. On confession, property not exceeding £10. Two Justices SUMMARY JURISDICTION IN CASES OF LARCENY. 82. When any person shall be charged before any Justice of the Peace with larceny; and where the value of the property stolen shall not exceed twenty shillings; and where the circumstances of the case shall appear to such Justice of the Peace to be of so trivial a nature as to be unfit for prosecution, it shall be lawful for him to dismiss the case although a felony may have been proved. 83. When any person shall be charged with larceny, and where the value of the property stolen shall not exceed fire pounds, it shall be lawful for two or more Justices of the Peace, upon being satisfied of the value of such property, at their discretion, to hear and determine such charge; and in case of conviction to sentence the offender to be imprisoned (1) for any period not exceeding six calendar months. Such adjudication shall not be invalidated although it should subsequently be proved that the value of such property exceeded the aforesaid limits. 84. When any person shall be charged with larceny, where the value of the property stolen shall not exceed ten pounds, if such person shall, after hearing the information and evidence against him, voluntarily confess the offence, it shall be lawful for any two Justices of the Peace, at their may sentence. discretion, to take such confession, and to sentence the offender to imprisonment (1) for any period not exceeding twelve calendar Juvenile offenders. months. 85. When any person shall be charged with having committed, or attempted to commit, or with having been an aider, abettor, counsellor, or procurer in the commission of larceny, () With or without hard labour. (Sec. 42.) Summary Jurisdiction. and whose age, at the period of the commission or attempted commission of such offence, shall not, in the opinion of any two or more Justices of the Peace before whom he or she shall be Larceny. brought or appear, exceed the age of fourteen years, it shall be lawful for such Justices of the Peace, upon conviction thereof, Summary upon his own confession, or upon proof, to sentence the offender conviction. to be imprisoned for any term not exceeding two calendar months,() or if a male, to be once privately whipped, either instead of or in addition to such imprisonment; and it shall be lawful for such Justices of the Peace to order any fit and proper person, being a constable, gaoler, or turnkey, to inflict the punishment of whipping, and every such officer is hereby required to obey such order. Sentence. 86. A person summarily convicted of larceny under the When authority of this Act, shall not, by reason of such conviction, be larceny summarily subjected to forfeiture; treated, but when any person shall be summarily convicted of larceny under the authority of this Act, and when any person shall be charged with larceny before a Justice of the Peace, and such Justice shall dismiss the case as of so trivial a nature as to be unfit for prosecution, but shall be of opinion that the person charged has been proved to have been guilty of the offence, it shall be lawful for the Justice or Justices adjudicating order of upon the case to order restitution of the property stolen to the restitution. owner thereof or his representative ; and if such property shall not then be forthcoming, such Order if Justice or Justices may inquire into and ascertain the value property not forthcoming, thereof in money, and if he or they think fit order payment of such sum of money to the true owner by the person so convicted or proved guilty, either at one time or by instalments, at such periods as the said Justice or Justices may deem reasonable; and such order may be enforced in like manner as an order for the payment of money upon a complaint may be enforced under the provisions of this Act. SURETIES OF THE PEACE. 87. It shall be lawful for any Justice of the Peace,(2) in any of the cases following, to call upon any person within the limits of his jurisdiction to enter into recognizance to the Queen, either (1) With or without hard labour. (Sec. 42.) (2) This enactment does not, it would seem, deprive the Supreme Court or its Judges of the powers which they have by common law in such of the enumerated cases as come within it. |