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Justice of the peace may issue his warrant for the apprehension of offenders against this Act;
and commit them for trial at the sessions.
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5. On proof on oath that there is just cause to suspect that any such materials, tools, or apparatus as aforesaid have been fraudulently sold, pawned, purloined, or embezzled by the person to whom intrusted, or that any such materials, tools, or apparatus have been purchased or received, or sold, pawned, pledged, exchanged, or otherwise fraudulently disposed of, or offered for sale, pawn, pledge, exchange, or other disposal, by any person knowing the same to have been purloined or embezzled, or received from some person fraudulently disposing thereof, it shall and may be lawful for any one justice of the peace, and he is hereby required, to issue his warrant for apprehending such person, and bringing him before him or some other justice of the peace for examination; and if upon such examination the charge of having fraudulently sold, pawned, purloined, or embezzled any such materials, or of having purchased or received, or sold, pawned, pledged, exchanged, or otherwise fraudulently disposed of, or offered for sale, pawn, pledge, exchange, or other disposal, any such materials, knowing them to have been purloined or embezzled, or received from some person fraudulently disposing thereof, shall be supported by evidence to raise a strong presumption of guilt, such justice shall commit such person to the common gaol or house of correction, in order that he may be brought forward for trial at the next court of petty sessions, or of quarter sessions, unless he enter into such bail, with two solvent and sufficient sureties, as may be required for his appearance before such court: Provided always, that the prosecutor is hereby exclusively entitled to decide as to whether he shall prosecute in a summary manner at the next court of petty sessions, or otherwise.
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