|
|
Hearing in cases of summary jurisdiction.
|
20. In all cases of summary jurisdiction the proceedings upon the hearing of the complaint shall be subject to the following provisions:
|
|
| |
1. Whenever the defendant or his agent shall be present, the substance of the complaint shall be stated to him; and if he thereupon admit the truth of the complaint, then the justices shall, if they shall see no sufficient reason to the contrary, convict or make an order against him accordingly; but if he do not admit the truth of the complaint, then the justices shall proceed to hear such evidence as may be adduced in support of the complaint, and also to hear the defence, and such evidence as may be adduced on behalf of the defence, and also such evidence as the complainant may adduce in reply, if such defendant shall have given any evidence other than as to his the defendant’s general character; but the complainant or his agent shall not be entitled to make any observations in reply upon the evidence given by the defendant, nor shall the defendant or his agent be entitled to make any observations in reply upon the evidence given by the complainant in reply; and if the information or complaint shall negative any exemption, exception, proviso, or condition in the statute on which the same shall be framed, it shall not be necessary for the complainant to prove such negative, but the defendant may prove the affirmative thereof, if he will have advantage of the same.
|
|
| |
2. Whenever the defendant or his agent shall not appear at the time and place mentioned in the summons, and it shall appear to the justices on oath that the summons was duly served, a reasonable time before the time therein appointed for appearing, and no sufficient grounds shall be shown for an adjournment, the justices may either proceed ex parte to hear and determine the complaint, or may adjourn the hearing to a future day:
|
|
| |
3. Whenever the defendant or his agent shall appear at the time and place appointed in the summons, or shall be brought before the justice by virtue of any warrant, then if the complainant (having in the case of a warrant had due notice of the defendant’s arrest) do not appear by himself or his agent, the justices may either dismiss such complaint, or may adjourn the hearing to a future day:
|
|
| |
4. Whenever any justices shall proceed to hear and determine any complaint or information as to an offence, they, or one of them, shall, when required so to do by either party, or his agent, take or cause to be taken a note in writing of the evidence, or of so much thereof as shall be material, in a book to be kept for that purpose by the clerk of petty sessions; and which book shall be signed by one of the justices by whom such information or complaint shall have been heard, on the day on which the same shall have been determined:
|
|
| |
And whenever all the cases shall not have been heard and determined on any court day, the justices then present may adjourn the remaining cases either to the next court day, or to such other day as they shall see fit; and whenever, either before or during the hearing of any complaint, it shall appear advisable, the justices present may, in their discretion, adjourn the hearing of the same to a certain time or place to be then appointed and stated in the presence and hearing of the party or parties or their agents; and all persons whose attendance shall have been required by any summons in any of the cases so adjourned shall take notice of such adjournment, and shall be obliged to attend on the day to which such adjournment, shall take place, without the issue or service of any further summons; and in all cases of such adjournments the said justices may suffer the defendant to go at large, or, in prosecutions for offences (where there shall be an information in writing and on oath that the defendant is guilty of the offence) may commit him to gaol by warrant (E b.), or may discharge him upon his entering into a recognizance (C), with or without sureties, at the discretion of the justices, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned.
|
