JUSTICES OF THE PEACE ORDINANCE

JUSTICES OF THE PEACE ORDINANCE

Justices of the Peace.

No. 5 of 1850.

An Ordinance to regulate Proceedings before Justices of the
Peace.
[17th December, 1850.]

WHEREAS in consequence of the multiplicity of cases civil and

criminal that occur for adjudication or investigation before
Justices of the Peace as constituting the Court of Petty Sessions, or
sitting
singly, it has become necessary to ordain a uniform, simple, and effectual
mode of procedure, and of recording the proceedings in such cases : Be it
therefore enacted and ordained, that,-

1. The provisions of this Ordinance shall extend to all cases whateve'r,
* civil or criminal, cognizable by any Justice or Justices of the Peace,
whether sitting in session or otherwise, notwithstanding anything
heretofore enacted and ordained on this behalf.

2. Be it further enacted and ordained, that by each Justice or at
each public office shall be kept a book in the form to this Ordinance
annexed, or in any similar form containing the same particulars, to be
called the Writ Book, containing an abstract of all summonses, warrants,
and other writs issued by the said Justice or from the said ,office, and
the issue of the summons or warrant, and entry of such abstract conse-
quent upon the viva voce statement of the plaintiff or his attorney, may
be the commencement of the suit, without any further written affidavit
or information whatever; Provided. that should the defendant appear in
Court voluntarily, or upon arrest without warrant, such appearance may
246

ORDINANCE No. 5 of 1850.

Justices of the Peace.

be the commencement of the suit, and may be noted accordingly in the
record of proceedings.
The particu- 3, Be it further enacted and ordained, that by the sitting
Justice or
tars of each
case to be one of the sitting Justices, or at each -public office, shall
be kept a book
recorded in a
book, in the form to this Ordinance annexed, or in any similar form
containing
the same particulars, to be called the Record Book, in which shall be
entered an abstract of the proceedings in each case brought before the
said Justice or heard or investigated at the said office ; and such
abstract
shall contain the names of the plaintiff, defendant, and witnesses, the
plaint
or charge, order or decision and other particulars in accordance with the
if oertiornri said form ; and it shall not be necessary to draw up a snore
formal record
of the entries copy of any conviction, order, or other proceeding
whatever; and in case of
in such book
to be a any conviction, order, or other proceeding being removed by writ of
sufficient
return, certiorari or otherwise into any superior Court, a copy of such
portion of
motto the said Record Book and o£ such minutes of proceeding and other
dispense with
written documents hereinafter mentioned as shall refer to the case, shall
be a full
depositions
in cases for and sufficient return to such writ. Provided that nothing
herein contained
trial at the
Supreme shall be held to dispense with the necessity of taking such written
Court, depositions as are required by law on the committal of any
defendant for
trial before the Supreme Court of this Colony.
Mode of 4. Be it further enacted and ordained, that on the appearance of
the
proceeding
.at the parties before him or them, or on the ex paste hearing, the
sitting Justice
hearing.
or Justices, or his or their clerk, shall take such minutes of the
proceedings
in each case as may be necessary for the due adjudication and record
thereof, and the sitting Justice or one of the sitting Justices shall
subscribe
such minutes with his name, and these minutes, together with the returned
summonses and other writs and such other documents connected with
tLe case as it may be expedient to retain, shall be collectively numbered
to correspond with the entry of the said case in the Record Book, and
Provision for shall be transmitted weekly, together with (if required)
copies of the Brit
custody of Book and Record Book duly attested, to such office or Court as
may from
time to time be appointed by His Excellency the Governor, there to be
safely kept.
Mode of sera- 5, Be it further enacted and -ordained, that the person
entrusted with-
ing process.
the service of any summons or other writ or process shall make a return
in writing o£ the manner in which he has served or attempted to serve
such summons, which return shall in itself be primr2, facie proof of the
factsr
it may contain; and if it shall appear to the sitting Justice that any
ORD3NA\ CB \ o. 5 or, 180.

Justices of the Peace.

defendant or witness having been duly summoned has neglected to appear,
or has wilfully absented or concealed himself so as to avoid being served
with the said summons, or if previous to the issue of such summons the
said Justice shall be satisfied by evidence that it is probable such
defendant
or witness will not attend without being compelled to do so, the said

Justice may issue his warrant to bring before Min such defendant or of
compelling-
witness, or in the absence of the defendant may, in his discretion,
proceed attendance.

to hear the case ex pay°te: and the parties in any proceeding, their
wives,
and all other persons, may be examined on behalf of either the plaintiff
or
defendant; subject to all just exceptions.

6. 13e it further enacted and ordained, that in the hatters of disputed
Matters may
partnership accounts, or of disputed accounts between other parties
falling ~bt xi°x-ao'
within the proper jurisdiction of Justices of the Peace, the sitting
Justice
may, with the consent of the parties, refer all matters in dispute to
arbitration, and maize the award a decree of the Court, and enforce the

same accordingly : or the Justice may refer the elimination of the
accounts to any clerk or officer of the Court or other person, to report
thereon, and may employ the said reloort as a means of arriving at a,just
conclusion in the case.

7. Be it further enacted and ordained, that if any plaintiff have a
demand against two or more persons jointly answerable, judgment m4y
be given against one of those persons notwithstanding that others may not
have been sued or may not be within the jurisdiction of the Court: but the
person having satisfied such judgment may recover contribution from any
other person jointly liable: and in case of misjoinder of defendants,
judgment may be given against such only as shall appear to be liable.

8. Be it further enacted and ordained, that the adjudicating Justice
shall in all matters give judgment upon the substantial merits and facts
of
the case as proved before him, and convict the defendant of the offence
of which he shill appear to hive been guilty, or give judgment for the
plaintiff for the amount appearing to be justly due to him,
notwithstanding
that the proof may be at variance with the complaint as originally laid

Provided always that reasonable time be allowed for the defence and the
production of the defendant's witnesses.

9. Be it further enacted and ordained, that when there shall exist
no facility for swearing a witness to speak the truth, or when tile
witness
shall have conscientious scruples to bind himself by oath, or it shall not
be the custom of his country to give testimony upon oath, the evidence

or to an
accountant
for a report.
[See Ord,
B'u. 70,1862.]'

Judgment'
may be
against one,
though others
be jointly,
liable.

Validity of
judgment not
to be affected
by variance
between the

proof and the
original
plaint.

Defendant to
be allowed
sufficient time
to plead:

Declarations--:
may lie
substituted:
for oat lis'in'
ORDINANCE \o. 5 or 1850.

Justices of the -Peace.

of such witness shall be receivable without an oath in the same manner,
,aric

I he shall be liable to the same penalties for perjury or otherwise as if
his evidence were given upon oath: and if oil the investigation of any
case it shall manifestly appear that the charge or coLnplaint was
maliciously
preferred on insufficient grounds, or that any witness has liven wilfully
false testimony, it shall be lawful for the sitting Justice to award
Penalty for compensation not exceeding ten pounds to be paid by such
prosecutor or
false
testimony. witness to the person aggrieved, or in his discretion to impose
on the said
prosecutor or witness a fine not exceeding ten pounds, or to award
compensation and fine not exceeding together the amount of ten pounds.

10. Be it further enacted and ordained, that if a defendant under

Provision for
the apprehen.
lion of
accomplices.

.Justice may
reverse or
amend his
decision,

examination for a criminal offence charge any other person with being a
principal in or an accessory to such off=ence, the sitting Justice may
cause
such person to be summoned or brought before him, and if it appear that
such person is really a principal or an accessory, the said .Justice may
detain such person for further investigation and commit such person for
trial, though no other evidence be adduced than that of the said defendant
provided that nothing herein contained shall attach otherwise greater
weight to the testimony of such defendant than it now by law possesses.
11. Be it further enacted and ordained, that the udjudicating Justice
may at any time reverse or amend his decision or appoint the case to be
re-heard by himself or another Justice, should it appear that such
decision
was erroneous or unjust.

Wrtw BOOK.

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Court.
245

Title.
[See Ords. No. 10 of 1844 and No. 16 of 1875.]
Preamble.
To what cases Oridnance shall extend. [* See Ord. No. 6 of 1862.]
Issue of summons to be noted in Writ Book,
and to be commencement suit.
The paticulars of each case to be recorded in a book.
If certiorari allowed, copy of the entries in such book to be a sufficient return.
Ntoto dispense with written depositions in cases for trial at the Supreme Court.
Mode of proceeding at the hearing.
Provision for custody of records.
Mode of serving process.
Of compelling attendance.
Matters may be referred for arbitration,
or to an accountant for a report. [See Ord. No. 7 of 1862.]
Judgment may be against one, though others be jointly liable.
Validity of judgment not to be affected by variance between the proof and the original plaint.
Defendant to be allowed sufficient time to plead.
Declarations may be substituted for oaths in certain cases.
Penalty for false testimony.
Provision for the apprehension of accomplices.
Justice may reverse or amend his decision.

245

Title.
[See Ords. No. 10 of 1844 and No. 16 of 1875.]
Preamble.
To what cases Oridnance shall extend. [* See Ord. No. 6 of 1862.]
Issue of summons to be noted in Writ Book,
and to be commencement suit.
The paticulars of each case to be recorded in a book.
If certiorari allowed, copy of the entries in such book to be a sufficient return.
Ntoto dispense with written depositions in cases for trial at the Supreme Court.
Mode of proceeding at the hearing.
Provision for custody of records.
Mode of serving process.
Of compelling attendance.
Matters may be referred for arbitration,
or to an accountant for a report. [See Ord. No. 7 of 1862.]
Judgment may be against one, though others be jointly liable.
Validity of judgment not to be affected by variance between the proof and the original plaint.
Defendant to be allowed sufficient time to plead.
Declarations may be substituted for oaths in certain cases.
Penalty for false testimony.
Provision for the apprehension of accomplices.
Justice may reverse or amend his decision.

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No. 5 of 1850

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