35. If, upon the day and at the place so appointed, the accused appears voluntarily in obedience to the summons in that behalf served upon him, or is brought before the justice of the peace by virtue of a warrant, and if the complainant or informant, having had due notice, does not appear personally or by counsel, the justice of the peace shall dismiss the complaint or information, unless for any reason he thinks proper to adjourn the hearing of the same until some other day, upon such conditions as he thinks fit.
R. S. 1964, c. 35, s. 32.