Section LII. A

LII. A -.I `4` `L` - I , `I` `I` ? ACT No. XIII. OF 1852. LII. A Justice of the Peace may, without issuing any summons, Justices may issue war-[forthwith issue his warrant for the apprehension of any ] rant without summons. person charged with any offence cognizable before him, either under this or any other Act or Regulation, whenever good grounds for so doing shall be stated on oath before him. LIII. Any Justice may summon any witness to appear and give May enforce attendance evidence upon the matter of any offence cognizable of witnesses. before him, either under this or arny other Act or Regulation, with which any person shall be charged before him, at a time and place appointed for hearing the information or complaint, and, by warrant under his hand and seal, may require any person to be brought before him who shall neglect or refuse to give evidence at the time and place appointed on such summons, proof upon oath being first given of personal service of the sumljnons upon the person against whom such warrant shall be granted, and such Justice may commit any person coming or brought before him who shall refuse to give evidence, to the Common Gaol of Calcutta, for any time not exceeding fourteen days, or until such person shall sooner submit himself to be examined, and in case of such submission the order of such Justice shall be a sufficient warrant for the discharge of such person. LIV. When any Justice of the Peace is desirous of examining any Power to Magistrates prisoner confined in the Great Gaol or House of Cop- to order prisoners to be up `to` the Police rection as a witness or defendant, with respect to any Office. charge, case, or ~roceeding pending before him, it shall be lawful for such Justice to issue an order in the form contained in Schedule (B.) to this Act annexed, or to the like effect, addressed to the Keeper or Governor of the said Gaol or House of Correction, requiring him to bring such prisoner in proper custody, at a time to be therein named, to the Police Office, for examination, and the Keeper or Governor of the said Gaol . I . j ACT No. X.III. OF 1.852; w ==> picture [9 x 8] intentionally omitted <== ==> picture [34 x 74] intentionally omitted <== ==> picture [25 x 78] intentionally omitted <== A - ==> picture [16 x 28] intentionally omitted <== ==> picture [16 x 16] intentionally omitted <== Gaol or House of Correction, on the receipt of such order, shall a,ct in accordance therewith, and shall take care for t,he safe custody of the prisoner during his absence from prison for the purpose aforesaid. LV. All penalties and forfeitures and other sums of money imposed, Recovery of penalties awarded, or ordered to be paid by any Justice of the and forfeitures. Peace under the aut.hority of this Act, and all sums of money which any person is bound to pay under any recognizance taken before a Justice of the Peace or an Officer of Police empowered to take recognizances by this Act, and afterwards forfeited, in case of non-payment thereof, may be levied by distress and sale of the goods and chattels of the offender or person liable to pay the same, by warrant under the hancl of any Justice of the Peace, and in case any such penalty or forfeiture or sum of money shall not be forthwith paid, any Justice may order the party to be detained in safe custocly until the return can be conveniently made to such warrant of distress, unless such party shall give security to the satisfaction of such Justice for his appearance at such place and time as shall be appointed for the return of the warrant of distress, and the Justice may take such security by way of recognizance or otherwise ; and if upon the return of such warrant it shall appear that no such sufficient distress could be had whereon to levy the said penalty or forfeiture, or sum of money, and the same shall not be forthwith paid, or in case it shall appear, to the satisfaction of the Justice, by the confession of the party or otherwise, that he has not sufficient goods and chattels whereupon such penal- ty, forfeiture, or sum of money could be levied if warrant of distress should be issued, th'e Justice, by warrant under his hand, may commit such nartv to the Common Gaol of Calcutta. there t.o remain for anv time not exceeding two Calendar months. LVI. No conviction. order. or iud~ment, of anv Justice of the Peace shall be quashed for error of form or procedure,, but only Convictions to be quashed on merits only. 'Form on the merits ; and it shall not be necessary to state on of conviction, &c. the face of the conviction, order, or judgment, the evidence ( ACT No. XTTI. O F 1852. dellce on which it proceeds ; but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment, L in obedience to any writ of certiorari, and if no jurisdiction appears on the face of the conviction, order, or judgment, but the depositions taken supply that defect, the conviction, order, or judgment shall be aided by what so appears in such depositions. ". \ EVII. In the construction of this Act the following words and `1` expressions shall have the several meanings hereby assigned to them, -funless there be something in the context or subject repugnant to sucl~ &' construction ; that is to say, Words importing the singular number only shall include the plural, and words importing the plural number only shall include the singular.