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If the justice before whom any complaint is made, &c. do not attend, another justice may hear and determine the matter.
Fresh summons to be issued if no justice attends.
Service of summons.
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33. Provided always, that if any justice or justices to or before whom any complaint shall have been exhibited, and who shall have issued any summons, shall be absent or not attend at the time and place named in such summons, it shall be lawful for any other justice or justices of the peace within the same jurisdiction who may be in attendance to act in the matter of the said complaint for and in lieu of the justice to or before whom the same shall have been exhibited, in all respects relating to such complaint, and the due completion of the proceeding thereupon, in the same manner as if such complaint had been at first exhibited before such other justice or justices; and in cases neither the justice or justices, or either or any of them, before whom any such complaint shall have been made, nor any other justice, shall attend at the time and place named in the summons, then the justice or justices before whom such complaint shall have been made, or any one of them, shall, on application made for that purpose, issue a second summons for the defendant’s appearance on a day and hour and at a place to be therein named; at which time and place such justice or justices, or one of them, is hereby peremptorily required to attend to hear and determine the matters of such complaint: Provided also, that any summons, directed in the right or assumed name of the person summoned, left at or upon the placed used or occupied by any person for carrying on trade or business, or at the house or building where the offence shall have been committed or seizure made, or at the place of residence or with the wife or child or servant of the person summoned, shall be deemed to be duly served.
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