into or out of Court under executions or otherwise, and enter the same in a book belonging to the Court, and to do all the duties incident to his office, or which may be prescribed by any rules made in that behalf. P. S. Act, § 29. Every Court is to have a Bailiff, appointed by the Bailiff. Justices and holding office at their pleasure, and payable out 1865, s. 23. of the fees and fines, subject to the previous approval of the (P. S. Act, 1868, s. 3.) amount by the Governor. fines, &c. §30. The fees and fines received at such Courts are to Paying over be accounted for, and the balances, after authorized expen- P.S.Act, 1865, diture, paid over to the Colonial Treasurer, in such manner s. 24. and at such times as he shall direct; and he has power to make rules and regulations respecting such matters, and as to the bank or other place of deposit in which such moneys shall be kept till paid over, and the manner in which they shall be drawn out of the place of deposit. § 31. The Chairman of the Court is bound to audit the Monthly audit Clerk's accounts once a month, and the expenditure for Sec. 25. holding the Courts and deducting the business is to be made under authority in writing from the Chairman, without which no payment is to be incurred. § 32. Additional provisions are made by "The Justices of the Peace Act, 1866," affecting Clerks of Petty Sessions. J. P. Act, § 33. The fees to be taken by them are set forth in Table of Fees. Schedule [A] of the Act, and a table of them is to be hung 1866, ss. 142, up in a conspicuous position in the place where Courts of 143. Petty Sessions are usually held, and also in the offices of the Clerks. (Form No. 3.) fees. § 34. It is provided that Clerks may refuse to do any Penalties for act for which a fee is payable until it shall have been paid. J.P.Act, 1866, Clerks are made liable to a penalty of £20 for taking a s. 145. larger fee than is appointed by the Act, to be recovered by action in the Supreme or District Court by any one who will sue for it. To whom fees to be paid. Sec. 148. Payment in Payment by § 35. The Act of 1866 further provides, that all fees, fines, costs, and other moneys payable upon any conviction or order of Justices, and upon any recognizance declared forfeited by Justices, shall be payable in the first instance to the Clerk of Petty Sessions, if the conviction or order was made at the Petty Sessions Court; () and the Clerk may sue for and recover the same from the parties liable to pay; and any distress warrant must direct the constable or other person executing it to pay the sum levied to the Clerk of the Petty Sessions District within which the order or conviction was made. (2) Further, if any person pays any moncy under a conviction or order to a constable or other person, such constable or person shall pay it over to the Clerk of the Petty Sessions or of the Resident Magistrate's Court of the district within which such conviction or order was made. § 36. If any person committed under an order or conviction for non-payment of money desire to pay the same, and costs, before the expiration of the imprisonment, he may pay to the gaoler, who must indorse the amount and date of payment on the warrant, and pay the same to the Clerk of the Petty Sessions or Resident Magistrate's Clerk. § 37. All sums received by the Clerk under the foregoing provisions are to be forthwith paid by him to the parties to whom they are payable, according to the directions of the Act on which the information or complaint was framed; and if there be no such directions, then to the Colonial Treasurer or any Sub-Treasurer, who shall give a receipt. Clerks and gaolers are further directed by the (1) If the conviction or order was made at a Resident Magistrate's Court, the payment is to the Resident Magistrate's Clerk. (2) If the conviction or order was made, not within a Petty Sessions District, but within a Resident Magistrate's, the payment must be to the Resident Magistrate's Clerk. But if the place within which the conviction or order was made was within both a Petty Sessions and a Resident Magistrate's District, it would seem the payment must be to the Clerk of the Petty Sessions. Justices of the Peace Act to keep accounts of all such moneys so received in the form contained in the Schedule of Form No. 4. the Act, (1) or to the like effect, as the Colonial Treasurer may direct. § 38. By the Act of 1865, the Courts of Petty Sessions Powers of were empowered to exercise all the jurisdiction of Resident Resident Magistrates. Magistrates except the extended civil jurisdiction under the P. S. Act, Act of 1862; and in the Resident Magistrates Consolidation 1865, s. 26. Act of 1867, fresh provisions are contained for enabling them to exercise similar powers in civil cases where the matter in dispute does not exceed £20, and for giving the Chairman of Petty Sessions the same power as a Resident Magistrate in Native cases. The powers of Resident Magistrates in respect of their civil jurisdiction and jurisdiction over Natives, which it is thus within the competency of the Courts of Petty Sessions to exercise, will be indicated in a later part of the work, where the provisions of the law of the Colony affecting that class of magistrates will be set forth at length. § 39. But with regard to the ordinary jurisdiction of Ordinary Justices, it would appear that the Courts of Petty Sessions powers. established under the Act are only invested with the same powers as single Justices, or two or more Justices sitting together elsewhere than in Courts of Petty Sessions. ministerial. § 40. They may exercise the ordinary judicial powers of Judicial and one or more Justices in cases of summary convictions and orders, and the ministerial power of any Justice in examining charges of indictable offences. for P. S. Courts. § 41. There is no direction or suggestion in the Act as Proper cases to the cases which should be left to the Courts of Petty Sessions to entertain or decide; but it may be assumed that when, without undue delay or expense, any information or complaint for a matter to be dealt with summarily by conviction or order, not being of a trifling character (such as (1) No. (57) in the Schedule of the Act. drunkenness or common assaults), can be heard before the Petty Sessions Court, it would be well for Justices who are first applied to, to adjourn the case or remand the accused, so as to ensure the hearing at such Court. It would not, however, be proper to take this course in cases of parties apprehended a considerable time before the next sitting of such Court, where the offence charged was not serious and the case presented no difficulty. With respect to the examination of charges of indictable offences, it may almost be assumed that unless the case be of considerable importance, or it be peculiarly convenient to have it examined before the Court of Petty Sessions, it would not be desirable, ordinarily, to postpone the examination to such Court, if the Court were not about to sit speedily; and at all events, that it would only in rare cases be justifiable, if all the evidence were forthcoming, to postpone the examination to a sitting of the Petty Sessions Court, which would prevent the case, if sent for trial, from being tried at the first practicable Circuit Court after the information. 13 CHAPTER III. THE LAW OF EVIDENCE AND THE EXERCISE OF GENERAL OBSERVATIONS. $42. Although Justices of the Peace cannot be expected, Duty of either in the execution of their summary jurisdiction or Justices. in the preliminary examinations of charges of indictable offences, to decide nice questions with respect to the admissibility of evidence, there is no doubt that they are bound by the laws of evidence generally, and ought always to act within the true spirit of them. Indeed it is impossible for Justices to arrive at satisfactory conclusions on matters which they themselves have to determine, or to put cases which come before them for preliminary investigation into a proper train for the decision of another tribunal, without some acquaintance with the general principles of this most important branch of the law. When they are acting judicially, either exercising a discretionary power, or conclusively determining on any question within their jurisdiction,—they ought, as far as they can, to apply and be governed by the established rules of evidence; though not in a narrow or strict manner, but having regard to the spirit rather than to the letter of the rules. When they are acting ministerially in the preliminary investigation of charges within the jurisdiction of another tribunal, it would appear that they may with propriety listen to statements not strictly admissible in evidence, for the purpose of arriving at evidence of a more legitimate kind, but always keeping in view the necessity for some legally admissible evidence to establish the charge. § 43. All rules of evidence are founded upon reason and Foundation of experience, or considerations of general convenience and the Law of Evidence. 1 |