or person a certificate (F.) of such indictment 11 & 12 Vict.c.42. having been found; and upon production of such certificate to any Justice or Justices of the Peace for any county, riding, division, liberty, city, borough, or place in which the offence shall in such indictment be alleged to have been committed, or in which the person indicted in and by such indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such Justice or Justices, and he and they are hereby required, to issue his or their warrant (G.) to apprehend such person so indicted, and to cause him to be brought before such Justice or Justices, or any other Justice or Justices for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law, and afterwards, if such person be thereupon apprehended and brought before any such Justice or Justices, such Justice or Justices, upon its being proved upon oath or affirmation before him or them that the person so apprehended is the same person who is charged and named in such indictment, shall, without further inquiry or examination, commit (H.) him for trial, or admit him to bail, in manner hereinafter mentioned; or if such person so indicted shall be confined ed be already in in any gaol or prison for any other offence than other offence, that charged in the said indictment, at the time order him to be of such application, and production of the said detained until certificate to such Justice or Justices as aforesaid of Habeas. it shall be lawful for such Justice or Justices and he and they are hereby required, upon it being proved before him or them upon oath or affirmation that the person so indicted and the person so confined in prison are one and the same person, to issue his or their warrant (I.) directed to the gaoler or keeper of the gaol or prison in which the person so indicted 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 upon the said indictment, or until he shall otherwise be removed If person indict prison for some Justice may removed by writ 11 & 12 Vict. c. 42. Justices may issue warrants on Sundays. Justices for adjoining counties, &c., may act as such for one county, &c., while residing another. tice, &c., to be valid. or discharged out of his custody by due course of law. 4. And be it enacted, That it shall be lawful for any Justice or Justices of the Peace to grant or issue any warrant as aforesaid, or any search warrant, on a Sunday as well as on any other day. 5. And be it enacted, That in cases where a Justice of the Peace for any county, riding, division, liberty, city, borough, or place, shall be in also Justice of the Peace for a county, riding, division, liberty, city, borough, or place next adjoining thereto, or surrounded thereby, it shall and may be lawful for such Justice of the Peace to act as such Justice for the one county, riding, division, liberty, city, borough, or other place, whilst he is residing or happens to be in the other such county, riding, division, liberty, city, borough, or other place, in all matters and things All acts of Jus- herein before or hereafter in this Act mentioned; and that all such acts of such Justice, and the acts of any constable or other officer in obedience thereto, shall be as valid, good, and effectual in the law to all intents and purposes as if such Justice at the time he shall so act as aforesaid were in the county, riding, division, liberty, city, borough, or other place for which he shall so act; and all constables and other officers for the county, riding, division, liberty, city, borough, or place for which such Justice shall so act as aforesaid, are hereby authorized and required to obey the warrants, orders, directions, act or acts of such Justice which in that behalf shall be granted, given, or done, and to do and perform their several offices and duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty; and any such constable or other peace such county, &c., officer, or any other person apprehending or taking into custody any person offending against law, and whom he lawfully may and ought to apprejoining county, hend or take into custody, by virtue of his office a Justice in both. Or otherwise, in any such county, riding, division, liberty, city, borough, or place, may lawfully take Constables, &c., apprehending offenders in one may take them before such Justice in the ad &c., if he act as and convey such person so apprehended and taken 11&12 Vict. c. 42. as aforesaid to and before any such Justice of the Peace for such county, riding, division, liberty, city, borough, or place whilst such Justice shall be in such adjoining county, riding, division, liberty, city, borough, or place as aforesaid, and the said constables and other peace officers, and all such other persons as aforesaid, are hereby authorized and required in all such cases so to act in all things as if the said Justice of the Peace were within the said county, riding, division, liberty, city, borough, or place for which he shall so act. act for it in an jurisdiction. 6. And be it enacted, That it shall be lawful for Justices for a any Justice or Justices of the Peace acting for county, &c., may any county at large, or for any riding or division adjoining city or of such county, to act as such at any place within place of exclusive any city, town, or other precinct, being a county of itself, or otherwise having exclusive jurisdiction, and situated within, surrounded by, or adjoining to any such county, riding, or division respectively, and that all and every such act and acts, matters and things, to be so done by such Justice or Justices within such city, town, or precinct, as Justice or Justices for such county, riding, or division respectively, shall be as valid and effectual in law as if the same had been done within such county, riding, or division respectively, to all intents and purposes whatsoever : Provided always, that nothing in this Act con- Not to give pow tained shall extend to give power to the Justices of the Peace for any county, riding, or division, not being also Justices for such city, town, or other precinct, or not having authority as Justices of the Peace therein, or any constable or other officer acting under them, to act or intermeddle in any matters or things arising within any such city, town, or precinct, in any manner what soever. 6 er to act, &c., in any matters, &c., arising within the same. doubts as to 7. And whereas doubts have arisen whether For removal of the powers given to Justices by an Act in the Session of Parliament held in the and third years of the reign of Her passed powers given to second Justices, &c., in detached parts present of counties under 2 & 3 Vict., c. 82. 11 & 12 Vict. c. 42. When charge, issued, informa- to be laid before Justices. issued instead, be on oath. Majesty, intituled, An Act for the better administration of Justice in detached parts of Counties, are applicable to cases of summary jurisdiction and to acts merely ministerial:' Be it hereby declared and enacted, That all the acts of any Justice or Justices, and of any constable or officer in obedience thereto, shall be as good in relation to any detached part of any county which is surrounded in whole or in part by the county for which such Justice or Justices acts or act as if the same were to all intents and purposes part of the said county; and all constables and other officers of such detached part are hereby required to obey the warrants, orders, and acts of such Justice or Justices, and to perform their several duties in respect thereof, under the pains and penalties to which any constable or other officer may be liable for a neglect of duty. 8. And be it enacted, That in all cases where a charge or complaint for any indictable offence shall be made before such Justice or Justices as aforesaid, if it be intended to issue a warrant in the first instance against the party or parties so charged, an information and complaint thereof (A.) in writing, on the oath or affirmation of the informant or of some witness or witnesses in that behalf, shall be laid before such Justice or JusIf summons to be tices: Provided always, that in all cases where information, &c., it is intended to issue a summons instead of a not necessary to warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing, or be sworn to or affirmed in manner aforesaid, but in every such case such information and complaint may be by parol merely, and without any oath or affirmation whatsoever No objection al- to support or substantiate the same: Provided lowed for alleged also, that no objection shall be taken or allowed to any such information or complaint for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the prosecution before the Justice or Justices who shall take the examination of the witnesses in that behalf, as hereinafter mentioned, defect in form. tices receiving issue summons 9. And be it enacted, That upon such infor- 11 & 12 Vict. c. 42. mation and complaint being so laid as aforesaid Upon complaint the Justice or Justices receiving the same may, if being laid, Jushe or they shall think fit, issue his or their sum- the same may mons or warrant respectively as hereinbefore is or warrant for directed to cause the person charged as aforesaid appearance of person charged. to be and appear before him or them, or any other Justice or Justices of the Peace for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law; and every such summons (C.) shall be directed to the party so charged in and by such information, and shall state shortly the matter of such information, and shall require the party to whom it is so directed to be and appear at a certain time and place therein mentioned before the Justice who shall issue such summons, or before such other Justice or Justices of the Peace of the same county, riding, division, liberty, city, borough, or place as may then be there, to answer to the said charge, and to be further dealt with according to How summons law; and every such summons shall be served by to be served. a constable or other peace officer upon the person to whom it is so directed by delivering the same to the party personally, or if he cannot conveniently be met with, then by leaving the same with some person for him at his last or most usual place of abode; and the constable or other peace officer who shall have served the same in manner aforesaid shall attend at the time and place, and before the Justices in the said summons mentioned, to depose, if necessary, to the service of such summons; and if the person so served shall If party sumnot be and appear before the Justice or Justices attend, Justice at the time and place mentioned in such summons, may issue a warin obedience to the same, then it shall be lawful attendance." for such Justice or Justices to issue his or their warrant (D.) for apprehending the party so summoned, and bringing him before such Justice or Justices, or some other Justice or Justices of the Peace for the same county, riding, division, liberty, city, borough, or place, to answer the charge in the said information and complaint mentioned, moned do not rant to compel |