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1. In all cases of indictable crimes and offences (where an information that any person has committed the same shall have been taken in writing and on oath) the justice shall issue a warrant (B b.) to arrest and bring such person before him, or some other justice of the same county, to answer to the complaint made in the information (and which warrant may be issued or executed on a Sunday as well as on any other day); or if he shall think that the ends of justice would be thereby sufficiently answered, it shall be lawful for him, instead of issuing such warrant, to issue a summons in the first instance to such person, requiring him to appear and answer to the said complaint; but nothing herein contained shall prevent any justice from issuing a warrant for the arrest of such person at any time before or after the time mentioned in such summons for his appearance; and whenever such person shall afterwards appear or be brought before any such justice, he shall proceed according to the provisions herein-after contained as to taking the evidence against such person, and committing such person for trial:
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2. In all cases of summary jurisdiction the justice may issue his summons (B a.) directed to such person, requiring him to appear and answer to the complaint; and it shall not be necessary that such justice shall be the justice or one of the justices by whom the complaint shall be afterwards heard and determined; and in all cases of offences where such person shall not appear at the required time and place, and it shall be proved on oath either that he was personally served with such summons or that he is keeping out of the way of such service, (the complaint being in writing and on oath,) the justice may issue a warrant to arrest and bring such person before him or some other justice of the same county, to answer to the said complaint; and when such person shall afterwards be arrested under such warrant, the justice before whom he shall be brought may either by warrant (E b.) commit him to gaol, until the hearing of the complaint, or may discharge him upon his entering into a recognizance (C), with or without sureties, at the discretion of the justice, conditioned for his appearance at such hearing:
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And each summons or warrant shall be signed by the justice or one of the justices issuing the same, and it shall state shortly the cause of complaint, and no summons or warrant shall be signed in blank; and in every case where the offence shall have occurred or the cause of complaint shall have arisen within the petty sessions district for which the justice issuing any such summons or warrant shall act, but the party or witness to whom such summons shall be directed or against whom such warrant shall be issued shall reside in an adjoining county, it shall be lawful for such justice to compel the appearance of such party or witness at the hearing of the charge or complaint within such district, in like manner as if such party or witness resided in such district, although such justice may not be a justice of such adjoining county.
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