Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-05-17

rants issued cut of the courts for the trial OF small
causes
IL And be it enacted That at the time Of ap-
pearance mentioned in the summons, or on the re-
turn Of the warrant the police justice may, in MS
discretion if the circumstances of the case require
it, adjourn the hearing upon such complaint for
any time not exceeding ten days, and where the
proceeding Is by warrant, may cause the Defendant
to enter into recognizance with surety for his ap-
pearance at the time to which the SAID hearing shall
be adjourned, which recognizance, and all other
recognizances entered into before any such ponce
justice, shall be valid and binding, and may be col
lected in the same manner as recognizances taken
in any court for the trial of small causes; and II
the defendant being ordered so to do, shall fan to
make such recognizance as aforesaid, 1t snau De
lawful for said justice to order him committed to
the jail Of the county to be kept in the custody
Of any OF the executive officers hereinafter specl-
fed, until the hearing upon the complaint.
II. And be it enacted, That on the return OF the
process in the tenth section mentioned, or at the
time to which the Justice shall have adjourned the
NATTER the said justice snail proceed to hear testi-
mony, and to determine and give Judgment and
pronounce sentence in the matter without the filing
Of any pleadings-
13 And be Ii enacted That every summons and
warrant as aforesaid, by virtue of the provisions
of the third paragraph of section four of this act
SHALL in addition to the other matters required by
law, contain a statement of the title and date Of
adoption of each bylaw or ordinance upon which
the suit, action proceeding in which the same is
issued is founded and shall also sufficiently show
whether the same is issued in a suit for penalty,
or in proceeding to punish the defendant by hne
or imprisonment
"a. Ana De IL enacted, IndL all Wits, precepts
and processes issued by any police Justice under
this act shall run in and through the county in
which the city for which he is appointed is situate
and he may in any matter pending before him
award writs OF subpoena into any county OF this
state.
l5. And be it enacted, That in every suit, action
proceeding under the provision of the third para
graph Of section four of this act, the defendant
may, at any time before said police justice has pro-
ceeded to inquire into the merits of the case, de-
mand trial by jury which the said police justice is
and
for jury of twelve men shall be issued and exc
cuted in accordance with the provisions of section
thirtythree of 'An act constituting courts for the
trial or small causes"
16 And be it enacted, That if any person being
duly summoned to appear as juror or witness
before any such police justice shall fail to so ap
pear, it shall be lawful for the Justice to issue
warrant under his hand and seal for the apprehen-
sion Of the person so falling, which warrant shall
be returnable before such justice forthwith and
upon such person being. apprehended, the SAID JUS
tice may, If necessary for the proper trial of the
suit, action or proceeding in which such person
was summoned, order him to be released on giving
bail with suretes or, in default thereof, TO be held
in custody for his future appearance at such short
day as the case may require.
II. And be it enacted, That in any suit, action or
proceeding before any such police justice under
the provisions of the third paragraph of section
four of this act, and in any proceedings taken to
view the same, the books OF record OF the bylaws
and ordinances of the city shall be taken and
ceiyed as evidence of the due passage of all bylaws
and ordinances recorded therein, and any book or
pamphlet of bylaws ordinances printed by che
authority of common council shall in like manner
betaken and received as evidence of the due passage
thereof; and the publication of said bylaws and
ordinances in the manner prescribed by law shall IN
all cases be presumed to have been done until the
contrary re proved
IS And be it enacted That any constable of the
county in which such city is situate, and any mar
shall assistant marshal police officer of such city,
shall and may lawfully act in the execution of any
and all summons, warrants, subpgnas, venlres,
writs and process whatsoever issued by such police
justice, and are hereby authorized, empowered and
required to do and perform all such acts, matters
and things under the direction and warrant of any
such police justice as any constable may now or
hereafter be authorized, empowered or required by
law to do and perform under the direction and war
rant of the justices of the peace in and for the sew
eral counties OF this state.
10. And be it enacted, That it shall be lawful for
any such police justice by whom judgment or SEN
tence of imprisonment shall be given, to issue his
warrant, under his hand and seal, to any of the
ecutive officers aforesaid, commanding him 10 take
and convey the defendant to the common jail of
the county, there to remain until the term of i'm
prisonment shall have expired, and from thence
until the costs of prosecution be paid; and in case
the defendant shall be adjudged to pay fine, then
it shall be lawful for the justice either to order the
defendant TO be committed to the county jail until
the fine and costs are paid or to issue an execution
to any officer aforesaid, commanding him TO levy
and make such fine and costs of the prosecution Of
the goods and chattels of the defendant, and, for
want of goods and chattels, to take and convey
such defendant 10 the county jail as aforesaid,
thence to remain until such fine and costs or the
balance thereof remaining due shall be paid.
20. And be it enacted, That it shall be the duty of
the sheriff and jailor Of the county to receive ali
persons who shall be apprehendcd or committed to
Jail aforesaid and to keep the same as prisoners
in the same way and under the same regulations
and penalties other prisoners are by law required
to be kept
81. And be it enacted, That the judgments, orders
and proceedings had before any such police JUS
tice, in any civil suit brought to recover a pen
atty penalties, shall be subject to review by
tiorari, appeal, otherwise, in all respects the
same and under the same regulations, restrictions
and limitations, as the like judgments, orders and
proceedings in the courts, for the trial of small
causes, are, or may be by law, renewable; and all
judgments, orders and proceedings had before any
such police Justice upon any complaint for the yio
lation of any bylaw, or ordinance, punishable by
fine or imprisonment shall be renewable at the in
stance of any defendant therein, by appeal to the
next court of general quarter sessions of the peace
of the same county, which appeal will be taken by
notice in writing, filed before said JUSTICE within
ten days after the Judgment, order or proceeding
appealed from, and shall operate stay of execu-
tfon of sentence of Imprisonment; provided, the
defendant shall, where sentenced to Imprisonment,
enter into recognlzance before SAID justice with
sufficient security, conditioned that he snail appear
before said court Of quarter sessions, and answer
to said complaint, and abide the judgment of the
court and not depart without leave, and where SEN
fenced to pay a fine, the execution thereon shall
stand as security for the payment of the fine and
costs in case the judgment shall be affirmed; pro-
vided further that snch execution shall be set aside
upon the defendant entering into bond, with sufii-
cent security, conditioned for the payment of the
fine and costs, if the judgment shall be affirmed;
and every such appeal to the quarter sessions shall
be heard, tried and determined uoder such rules
and orders the court may prescribe for the prop
or determination OF the case
q And be it enacted, That all judgments, orders
and proceedings had before any such police justice
or justices by virtue Of the first and second para
graphs Of section four Of this act shall be renewable
in the same cases. only and under the same regula-
tions restrictions ana limitations, the same or
similar judgments, orders and proceedings before
any Justice or justices of the peace, may be
by law renewable
%. And be it enacted, That the came fees and
charges shall be taxed and collected for any and all
services performed under this act as are may be
provided by law for like services in other matters,
and shall be recovered in the same manner, pro-
vded that in all where the officers performing
any such service or services shall receive regular
salary from such city he shall not be entitled to
receive any compensation for services performed
under this act, and the fees charged and collected
for such services shall be paid into the treasury Of
such city.
"a. And be it enacted, That the word city wher-
ever it occurs in this act shall be taken to include
every incorporated borough, town and city of the
third class in this state.
d. And be it enacted, That this act shall be
deemed public act, and shall take effect i'm
mediately.
Approved March %, 1883.
CHAPTER CXLIv.