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A justice in foreign county may issue warrant, commit, bail, or discharge,
return examinations and recognizances next assizes where offence,
examined on trial,
attend and give evidence, unless cause by affidavit.
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XXIV. And to prevent any defect in the execution of this act be it further enacted by the authority aforesaid, that if any justice of the peace of the county, where any offence is committed, happens to be in another county, he, or any justice of the peace for such foreign county, may upon proper information issue his or their warrant to arrest any person offending against this act; and the person arrested shall be brought before such justice of the peace; who is hereby empowered upon due examination and probable cause appearing to him or them either to commit the offender to prison, or to admit him to bail, if the offence, with which he is charged, be a bailable offence, or to discharge him if no sufficient cause for his detainer shall appear; and that such justice of the peace shall return all examinations and recognizances, taken by or entered into before him, to the next assizes to be held for the county, in which such offence is alleged to have been committed; and such justice of the peace shall or may be examined on the trial of such offender in the proper county; and he shall and is hereby required to attend and give evidence on such trial, unless prevented by some sufficient reason, verified by the affidavit of the party, or some other credible person, and approved of as a reasonable excuse by the court.
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