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Adjudication of case.
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21. In all cases of summary jurisdiction the justices, having heard what each party shall have had to say, and the evidence adduced by each, shall either make such order as shall be authorized by the Act under which the complaint shall be made, or shall dismiss the complaint either upon the merits or without prejudice to its being again made; and the entry of the order so made shall be as follows:
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1. One of the justices then present shall thereupon enter or cause the clerk to enter the particulars of such case and the substance of the decision thereon in a book to be kept for that purpose, to be called the “Order Book,” (and shall, in case of a dismissal, state whether the same is upon the merits or without prejudice to a further complaint); and such entry, when one of the justices present shall have signed his name opposite to it or after it (which one of the said justices is hereby required to do), shall be deemed to all intents and purposes a conviction or order, as the case may be:
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2. Whenever any justice or justices shall have made any such conviction or order out of petty sessions, in the cases permitted by this Act to be decided out of petty sessions, he or they shall either enter the same in the order book in manner aforesaid, or shall enter the substance of the decision in the form of certificate (I a.), and shall forthwith or at furthest before the next court day, deliver or forward such certificate to the clerk of petty sessions of the district, who shall enter the same in the proper order book (with a special note that he has so done), and shall submit such entry for signature to the justice or one of the justices by whom the order shall have been made upon the next day of his attendance at petty sessions; but in case such justice shall not sign the same, the clerk shall make a special entry to that effect in the order book opposite to such case, and shall preserve the original certificate as a record of the proceeding:
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3. The sub-inspector of constabulary of the district shall make a return to the justices at each petty sessions of the particulars of any cases of summary jurisdiction in which any justices of the said petty sessions shall have made any order or issued any warrant out of petty sessions, and in which any head or other constable of such district shall have been engaged, since the next preceding petty sessions:
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And it shall not hereafter be necessary to return to quarter sessions copies of the summary convictions so made and entered at petty sessions; but if either party shall require it, a certificate (form I a.) of any order so made (signed by the justice who shall have made the same, or by any other justice of the same petty sessions), shall be delivered to him at any time; and such certificate shall operate to all intents as a good form of conviction or order, as the case may be, for any purpose for which any form of conviction or order may now by law be required; and in case of a dismissal, where the same shall be stated therein by the justice to have been a dismissal on the merits, or that any assault was of a trifling or justifiable nature, (and which he is hereby required to state if the case be so,) such certificate upon being produced shall be a bar to any subsequent information or complaint for the same matter against the same party; and in any such case such certificate shall, on proof of the signature of the justice to the same, be received as good evidence of the conviction or order in all courts of justice.
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