The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-08-01

mig I'VE years, as fIe cDnI1IUn c5uncA may, Dy or
provided, that the tenure Of Office of all police
Justices in the same city shall be uniform, and
shall not be changed during the term for which
every such police justice shall be removable at
any time by the common council on good cause
shown.
s. And be it enacted That every such police
justice shall before he enters upon the duties of
his Office take and subscribe an oath or afirma-
ton before an officer authorized by law to admin
execute the duties OF his Office TO the best Of his
abilities and understanding, and shall enter into
bond to the city by its corporate name, with such
freehold security and in such penalty, not less
than five hundred nor more than two thousand
dollars, as the common council shall approve,
conditioned for duly accounting to the proper at1
hands as such police justice, and for the payment
of such moneys, on demand to the person or per-
sons entitled to receive the same.
4. And be it enacted, That the police justices
appointed as aforesaid shall have the following
and no other power, authority and jurisdiction,
to wit
else the like power, authority and jurisdiction in
all criminal matters and in all matters relating to
cases of bastardy. and the relief removal and set
tlement of the poor, and in all cases OF vagrancy
and disorderly persons as any one or two justices
of the peace are or may be by law entitled to use
or exercise, and 10 hear, examine, try and deter
mine the same, and to give judgment and carry
the same into execution according to law, as such
Justice or justices might or would do; but they
shall not by virtue of snch Office, be authorized to
try any civil action. except such may be brought
to recover penalty under the provisions of this
act or any of the ordinances of the city, in which
case they may act as justices Of the peace in their
civil capacity
ii. Every such police Justice shall be authorized
and empowered to hold a court within the city for
which he shall be appointed, to hear, try and de-
terIninc according to law, all suits and actions
which may be brought for the recovery of any
penalty OF penalties prescribed for the violation
Of any bylaw or bylaws, ordinance or ordinances
of such city; and also to hear. try and determine
according to law, all offenses charged before him
by complaint in writing on oath or affirmation,
to have been committed in violation of any such
bylaw or bylaws. ordinance or ordinances for
which the punishment is by fine or imprison-
ment; every such court shall be court of record
and vested for the purposes aforesaid with all such
power as Is used in courts OF record OF this state
wise directed by this act, ali proceedings before
any police justice or police Justices under the pro-
visions of the first and second paragraphs of sec
ton four of this act, shall, rs nearly as may be-
be regulated by the provisions of and conducted
i'll the manner prescribed in and by the several
acts of the legislature of this state, in and by
which the like proceedings before justices OF the
peace are or shall be regulated, as said acts and
the supplements thereto shall from time to time
be in force; and except when otherwise directed
by this act all suits, actions and proceedings
before any police justice under the provisions of
the third paragraph OF section four of this act,
shall, as nearly as may be. be regulated by the
provisions of and conducted in the manner pre-
scribed in and by act of the legislature of this
state entitled IAN act constituting courts for the
trial of small causes" and the several supple
menty thereto, as the same are and from time TO
time shall be in force.
e. And be it enacted, That in suits of civil
nature brought before any such police justice to
recover any penalty or penalties, the first process
to compel appearance shall be summons, except
when an affidavit is filed before such justice at
the time the suit instituted, made BY credible
person resident in the city, or policeman of said
city setting forth that the defendant in the suit Is
<rlnrrt aE ft.r& r. L.
holder in the county in which the city Is situate,
and also setting forth facts sufficient to show that
said defendant has committed some act or acts In
violation of some one or more bylaws or ordi-f
nances of the city, which render him liable to
civil action for penalty on penalties. in which
case the process may be warrant in the nature
of capins ad respondendum.
: Z. And be it enacted, That all such suits as are
mentioned in the last preceding section shall be
brought in the corporate name of the city as
plaintiff unless otherwise provided by law.
8. And be it enacted, That in any such suit the
plaintiff declaration shall be filed before the JUS
tice on or before the return day of the summons,
or on the return of the warrant or at the time of
the appearance mentioned in the recognizance,
and ia default thereof the plaintiff shall be non
suited with costs and in any such suit It shall be
lawful to declare generally in debt for the penalty
or penalties, and give the special matter in evil
dence; but the declarationshal contain state
ment of the title and date of the adoption of each
bylaw and ordinance upon which the action is
founded.
3. And be it enacted That in case Judgment
in any such suit as aforesaid shall be rendered
against any one or more defendants therein said
justice shall grant execution thereon against the
goods and body OF such defendant or defendants
according to law.
10 And be it enacted, That the police justice
shall not have jurisdiction over any offense
against any bylaw or ordinance for which the
punishment is by fine or imprisonment until
complaint in writing under oath or affirmation,
shall have been filed before him, setting forth
facts sufficient to satisfy such police justice that
such an ofense has been committed by the de-
PENDANT or defendants and specifying the title
alleged to have been violated and upon the fl
ing of said complaint said police justice shall
issue summons, unless the affidavit of credi-
Bile person. resident in the city, ora policeman of
said city, shall also be filed before him, setting
forth that the defendant is not a resident OF the
city, or that he is not freeholder in the county
in which the city is situate, In which case said
justice shall issue warrant against said defend
ant; such summons shall be returnable not
less than two nor more than ten days from the is
suing thereof, and shall command the officer
to whom the same is directed to summon the de-
PENDANT to answer the complaint of manning the
person by whom complaint has been made as
aforesaid and in other respects shall conform as
nearly as may be to writs of summons issued out
of the courts for the trial of small causes and shall
be served and returned in the same manner; such
warrant shall be retUrnable forthwith, and shall
specify the person making the complaint as afore-
said, and in other respects shall conform nearly
as may be to warrants issued out of the courts for
the trial of small causes.
IL And be it enacted, That at the time of an
pearance mentioned in the summons, or on the
return of the warrant. the police Justice may, in
his discretion, if the circumstances of the case
quire 1t, adjourn the hearing upon such complaint
for any time not exceeding ten days, and where
the proceeding is by warrant, may cause the de-
PENDANT to enter into recognizance with surety for
his appearance at the time TO which the said hear
ing shall be adjourned, which recognizance and
all other recognizanceg entered into before any
such police justice shall besvalid and binding,
and may be collected in the same manner as re-
cOgnizances taken in any court for the trial of
small causes and If the defendant being ordered
80 to do, shall fail to make such recognizance as
aforesaid, it shall be lawful for said justice to
order him committed to the jail Of the county or
to be kept in the custody of any of the executive
officers hereinafter specified, 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 returned
the matter, the said justice shall proceed to hear
testimony. and to determine and give Judgment
and PRONOUNCE sentence in the matter, without
the filing of any pleadings
IL And be it enacted That every s,1fnrnnns md