& 1 VIC. c. 36. British stat. known place of residence, or if such person be a proprietor, 7WM. IV. driver, conductor, or guard, of any stage carriage, if such summons or copy be left with the book-keeper, or person for the time being acting as book-keeper for such stage carriage, in any town or place from, into, or through which such carriage shall go or be driven, nearest to the place where any such offence shall be committed. 1837. not serving 19. Every constable or other peace officer who shall refuse or Penalty for neglect to serve a summons, or execute a warrant or order, a summons, granted, issued, or made by a justice of the peace, pursuant to the Post Office acts, shall forfeit £10. &c. FORM OF A SUMMONS ON AN INFORMATION UNDER THIS ACT. of County (or as at on the of charging that These are day of at day of in on the Given uuder my hand and seal this day of FORM OF SUMMONS 'ON A COMPLAINT WHEREON TO FOUND A To E. F. County (or as the case may be) of of of is due Whereas complaint has been made unto C. D. on the day of in the noon of the same day before me the said justice, or before such other of her majesty's justices of the peace for the 7 WILL. IV. & 1 VIC. c. 36. British stat. 1837. said Given under my hand and seal this day of 5 VIC. c. 43. Island Act. 1842. On any under this act, and service of summons 5 VIC. c. 43.] To enlarge the powers of justices in determining complaints between masters and servants. ISLD. [1842.] 5 Vic. c. 43, sec. 21.] For the more effectual prosecution of offenders punishable on summary conviction under this act, Be it enacted, That on any complaint made under any of the provisions of this act, on the oath of one or more credible witthe justices' ness or witnesses, before any justice of the peace, the said warrant for justice may summon the party charged to appear at a time and apprehen place to be named in such summons, before any two or more duly proved, issue justices of the parish, who may be then sitting in petty sessions; and if he shall not appear accordingly, then upon proof of the due service of the summons upon such person by delivery to him personally, or by leaving the same at his usual place of abode with some adult member or inmate of his family, at least four days before the period appointed for his appearance, the said justices then sitting may either proceed to hear and determine the case ex parte, or issue their warrant for apprehending such person and bringing him before them, or any two other justices of the same parish; or the justice before whom the charge shall be made may, if he shall think fit, without any previous summons (unless where otherwise specially directed), issue such warrant, and any two justices shall proceed to hear and determine the case. 7 Vic. c. 14. Island Act. 1843. Magistrates on information may summon 7 VIC. c. 14.] For the maintenance of good order in towns and communities. ISLD. [1st December, 1843.] 7 Vic. c. 14, sec. 25.] On any information or complaint made before any magistrate on the oath of any credible witness or parties, &c. informer, it shall be lawful for the magistrate to summon the Island Act. 1843. person charged to appear before any two magistrates at a reason- 7 Vic. e. 14. able time and place to be mentioned in the summons, to answer such charge; and if such person shall not appear, the magistrates may then proceed to hear and determine the case ex parte, or may issue their warrant for the apprehension of the offender, or the magistrate may in the first instance, in his discretion, issue a warrant without any previous summons. Island Act. 7 VIC. c. 25.] For making and maintaining a railway from 7 Vic. c. 25. Kingston to Spanish Town. ISLD. [1843.] 1843. Justice may proceed by summons in penalties. 7 Vic. c. 25, sec. 114.] In all cases in which by this act any penalty or forfeiture is made recoverable by information, it shall be lawful for any two justices of the peace before whom complaint recovering shall be made for any offence committed against this act, to summon before them the party complained against, and on such summons to hear and determine the matter of such complaint, and on proof of the offence, to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed in the recovery of the same although no information in writing shall have been exhibited before such justices, and all such proceedings by summons without information in writing shall be as valid and effectual to all intents and purposes as if an information in writing had been exhibited. 11 Vic. c. 30.] For making a carriage road over Manning's 11 VIC c. 30. Hill. ISLD. [28th December, 1847.] Island Act. 1847. may pro summonses penalties. 11 Vic. c. 30, sec. 53.] In all cases in which any penalty or Trustees forfeiture is recoverable before justices of the peace under this ceed by act, it shall be lawful for any justice of the peace, to whom com- in the plaint shall be made of any such offence, to summon the party recovery of complained against before any two justices, and on such summons, the said two justices may hear and determine the matter of such complaint, and on proof of the offence convict the offender and adjudge him to pay the penalty or forfeiture incurred, and proceed to recover the same although no information in writing, shall have been exhibited or taken by or before such justice; and all such proceedings by summons, without information, No informashall be good, valid, and effectual to all intents and purposes writing as if an information in writing was exhibited. tion in requisite. 13 Vic. c. 35. Island Act. 1850. 13 Vic. c. 35.] To facilitate the duties of justices of the peace. (a) ISLD. [1st February, 1850.] 13 Vic. c. 35, sec. 1.] Whereas it would conduce much to the improvement of the administration of justice within this island, so far as respects summary convictions and orders to be made by her majesty's justices of the peace therein, if the several acts and parts of acts relating to the duties of such justices in respect of such summary convictions and orders were consolidated, with such additions and alterations as may be deemed necessary; and plaint made that such duties should be clearly defined by some positive enactment: Be it therefore declared and enacted, That in all cases justices may where an information shall be laid before one or more of her Upon com of offences committed, issue sum mons to persons to answer the same. majesty's justices of the peace for any parish within this island, that any person has committed, or is suspected to have committed, any offence or act within the jurisdiction of such justice or justices, for which he is liable by law, upon a summary conviction for the same before a justice or justices of the peace, to be imprisoned or fined, or otherwise punished, and also in all cases where a complaint shall be made to any such justice or justices, upon which he or they have, or shall have, authority by law to make any order for the payment of money or otherwise, then, and in every such case, it shall be lawful for such justice or justices of the peace to issue his or their summons (A.) directed to such person, stating shortly the matter of such information or complaint, and requiring him to appear at a certain time and place before the same justice or justices, or before such other justice or justices of the same parish, to answer to the said information or complaint, and to be further dealt with according to law; and every such summons shall be served by a constable or other peace officer, or other person to whom the same shall to be served. be delivered, upon the person to whom it so directed, by delivering the same to the party personally, or by leaving the same with some person for him at his last or most usual place of abode; and the constable, peace officer, or person who shall serve 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 the said summons: Provided always, That nothing herein mentioned shall oblige any justice or justices of the peace to issue any such summons in any case where the application for any order of justices is by law to be made ex parte: Provided also, That no objection shall be taken or allowed to any information, complaint, or summons, for any alleged defect allowed for therein in substance or in form, or for any variance between such information, complaint, or summons, and the evidence adduced on the part of the informant or complainant at the hearing of such How the summons is In certain cases jus tices are not obliged to issue summonses. No objection shall be want of form. (a) See title of act. (Ante.) Island Act. 1850. information or complaint, as hereinafter mentioned; but if any 13 Vic. e. 35. such variance shall appear to the justice or justices present and acting at such hearing, to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for such justice or justices, upon such terms as he or they shall think fit, to adjourn the hearing of the case to some future day. be not justice may issue war issue war stance. 2. If the person so served with a summons as aforesaid shall if summons not be and appear before the justice or justices at the time and obeyed, place mentioned in such summons, and it shall be made to appear to such justice or justices, by oath or affirmation, that rant. such summons was so served that what shall be deemed by such justice or justices to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for such justice or justices, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information or complaint to his or their satisfaction, to issue his or their warrant (B) to apprehend the party so summoned, and to bring him before the same justice or justices, or before some other justice or justices of the peace in and for the same parish, to answer to the said information or complaint, and to be further dealt with according to law; or, upon such or may information being laid as aforesaid for any offence punishable on rant in the conviction, the justice or justices before whom such information rate shall have been laid, may, if he or they shall think fit, upon oath or affirmation being made before him or them substantiating the matter of such information to his or their satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his or their warrant (C) for apprehending the person against whom such information shall have been so laid, and bringing him before the same justice or justices, or before some other justice or justices of the peace in and for the same parish, to answer to the said information, and to be further dealt with according to law; or if, where a summons shall be so issued as aforesaid, and upon or if sumthe day and at the place appointed in and by the said summons for the appearance of the party so summoned, such party shall duly served, fail to appear accordingly, in obedience to such summons, then, obeyed, the and in every such case, if it be proved upon oath or affirmation Justices may to the justice or justices then present that such summons was parte. duly served upon such party, a reasonable time before the time so appointed for his appearance as aforesaid, it shall be lawful for such justice or justices of the peace to proceed ex parte to the hearing of such information or complaint, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him or them, in obedience to the said summons. mons, having been be not proceed ex 3. Every such warrant to apprehend a defendant, that he may Form of answer to any such information or complaint as aforesaid, shall warrant. |