1513
c. 58, s. 22,
(3) Whenever any person apprehended with or without 4 & & Geo. 5, a warrant is brought to the officer in charge of any police station, it shall be lawful for such officer to inquire into the case and, unless the offence appears to such officer to be of a serious nature, or unless such person appears to such officer to be a person who ought to be detained, to discharge the person upon his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a magistrate, or to surrender for service of a warrant of arrest and detention or for discharge at the time and place named in the recogniz- ance; but where such person is detained in custody he shall be brought before a magistrate as soon as practicable, unless within forty-eight hours of his apprehension a warrant for his arrest and detention under any Ordinance relating to Deporta- tion is applied for, in which case he may be detained for a period not exceeding seventy-two hours from the time of such apprehension. Every recognizance so taken shall be of equal obligation on the parties entering into the same, and shall be liable to the same proceedings of estreating thereof, as if the same had been taken before a magistrate.
(4) The respective names, residences and occupations of the person so apprehended and of his surety or sureties, if any, entering into such recognizance, together with the condi- tion thereof and the sums respectively acknowledged, shall be entered in a book to be kept for that purpose, which shall be laid before the magistrate before whom the person apprehend- ed is to appear, or, in the case of a person bound by recogniz- ance to surrender for service of a warrant of arrest and detention or for discharge, before any magistrate; and if such person does not appear or has not appeared when called upon at the time and place mentioned in the recognizance, the magistrate shall forthwith estreat the recognizance: Provided that, if the person apprehended appears and makes application for a postponement of the hearing of the charge against him, the magistrate may enlarge the recognizance to such further time as he may think proper, and when the matter has been heard and determined such recognizance shall be discharged without fee or reward.
c. 86, s. 45.
(5) If, on a person being taken into custody as aforesaid, 15&16 Geo. 5, it appears to the officer in charge of the police station that the inquiry into the case cannot be completed forthwith, he may discharge the said person on his entering into a recognizance,
without sureties, for a reasonable amount, to appear at such police station and at such time as is named in the recognizance, unless he previously receives a notice in writing from the officer in charge of the police station that his attend- ance is not required; and any such recognizance may be en- forced as if it were a recognizance for the appearance of the said person before a magistrate.
(6) Where any person is apprehended by an officer of police it shall be lawful for such officer to search for and take possession of any newspaper, book or other document or any portion or extract therefrom, and any other article or chattel, which may be found on his person or in or about the place at which he has been apprehended and which the said officer may reasonably suspect of throwing light on the character or activi- ties of such person or his associates: Provided that nothing in this sub-section shall be construed in diminution of the powers of search conferred by any particular warrant.
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