Section one hundred and sixteen of “The Justices of the Peace Act, 1882” (hereinafter termed “the said Act”), shall henceforth be read as if the words “before such Justice in manner provided for by section two hundred and thirty-eight of this Act” were omitted therefrom, and the following shall be read as substituted in lieu thereof, that is to say,—

“before such Justice or some other Justice or Justices, with or without a surety or sureties, and in such sum as the Justice taking such recognisance shall prescribe, conditioned to prosecute the proceedings for rehearing without delay and with effect, and to pay such fees and costs as the applicant may be directed or adjudged to pay in respect thereof; or shall, in lieu of such recognisance, deposit in the hands of the Clerk of the Resident Magistrate’s Court such sum as to the Justice or Justices shall seem meet on the like conditions.

“The applicant for rehearing shall at the same time pay such fees for and in respect of the rehearing and recognisance as are specified in the Third Schedule to this Act, or shall for the time being be fixed under the provisions of this Act.”

3 Bail for indictable offence may be received by any Justice at any time.

The following shall henceforth be read as a subsection to section one hundred and thirty-seven of the said Act, that is to say,—

“Or any other Justice may discharge such accused party upon his entering into such recognisance (No. 1) as aforesaid: Provided that the Justice before whom such accused party originally appeared or was brought shall have certified on the back of the remand warrant (No. 16) his consent to such accused party being bailed, and shall have certified the amount of bail which ought to be required. Such Justice may also, if he think fit, by such certificate require that the accused party shall give to the prosecutor or his solicitor reasonable notice of his intention to put in bail, with the names, abodes, and occupations of his proposed sureties.”

4 Recognisance of prosecutor and witness may be taken before any Justice.

Section one hundred and forty-six of the said Act shall henceforth be read and construed as if the words “or any other Justice” were inserted after the words “as aforesaid” in the second line of the said section. The last four words “against the party accused” in the said section are hereby repealed, and in lieu thereof the following words shall be inserted: “on the trial of the accused party.”

5 Any police officer may prosecute.

Upon the hearing of any information laid by a police officer, any police officer, although not the actual informant in such proceeding, may appear and conduct the prosecution in the same manner as such officer may now do in the case of proceedings under “The Police Offences Act, 1884.”

6 Justices may order costs of arrest of defendant to be paid on dismissal of complaint or information.

Where any person is arrested and made to appear before Justices to answer any complaint or any information for an offence punishable, whether on indictment or on summary conviction, and such complaint or information is dismissed by reason of the non-appearance of the complainant or informant, as the case may be, or of his failing to give evidence in support of such complaint or information, the said Justices may, in addition to all other costs, order the complainant or informant, or the person for whom or on whose behalf such complaint was made or information laid, or the defendant in either such case, if they shall so think fit, to pay all expenses incurred in effecting the arrest of any such person and bringing him before such Justices; and all expenses so ordered to be paid may be re-covered as costs in the manner prescribed for the payment of costs by section eighty-eight of the said Act.

7 Governor may remove ex officio Justice of Peace.

The Governor, from time to time as he shall see fit, may, by notification in the Gazette, remove any person from the office of Justice of the Peace who, ex officio, holds such office, and notwithstanding that the name of such person is not on the Commission of the Peace for the time being in force; and thereupon all power and authority of such person as a Justice of the Peace shall cease on and after a day to be named in such notification.

8 Governor may by notification in Gazette authorise Postmaster to receive statutory declaration.

The authority to take and receive a statutory declaration, conferred by the two hundred and thirty-fourth section of the said Act, shall extend to and include any person holding the office of Post-master under “The Post Offices Act, 1881,” whom the Governor may, from time to time, by a notification in the Gazette, declare authorised for that purpose.

9 Repeal of subsection (2) section 14 of said Act.

Subsection two of section fourteen of the said Act is hereby repealed, and the following subsection is enacted in substitution thereof, that is to say,—

(2.)

Such recognisance may be entered into by the principal or either of the sureties thereto before any Justice or Justices of the Peace, and it shall not be necessary for all the parties to the said recognisance to be present at the same time.

10 Justice of Peace may take affirmation in lieu of oath.

Notwithstanding anything to the contrary in “The Justices of the Peace Act, 1882,” or any other Act, it shall be lawful for a Justice of the Peace or other person authorised to administer an oath to cause or to allow to be taken a solemn affirmation or declaration as provided for in “The Justices of the Peace Act, 1882,” touching any matter or thing.

Justices of the Peace Act Amendment Act 1888