First Schedule. Form No. 5.
First Schedule,
Form No. 7.
1810
lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to discharge him on his entering into a recogniz- ance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided also that in every case where a defendant is discharged on recognizance as aforesaid and does not afterwards appear at the time and place mentioned therein, the magistrate then pre- sent shall certify on the back thereof the non-appearance of the defendant and may declare the same to be forfeited, and may also forthwith issue a warrant for the apprehension of the defendant.
Non- avoidance of
summons or
warrant by death of magistrate.
42 & 43 Vict.
c. 49, s. 37.
Bail of
person
arrested
without
warrant.
c. 49, s. 38.
25. Any warrant or summons issued by a magistrate under this or any other Ordinance or statute shall not be avoided by reason of the magistrate who signed the same dying or ceasing to hold office.
26. A person taken into custody for an offence without a warrant shall be brought before a magistrate as soon as prac- ticable after he is so taken into custody, and if it is not or will not be practicable to bring him before a magistrate within 42 & 43 Vict. forty-eight hours after he is so taken into custody, a super- intendent or inspector of police or other officer in charge of any police station shall inquire into the case, and, except where the offence appears to such superintendent, inspector or offi- cer to be of a serious nature, shall discharge the prisoner, on his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before à magistrate at the day, Form No. 5. time and place mentioned therein.
First
Schedule.
Provisions as to proceedings,
etc.
11 & 12 Vict.
c. 43, s. 14;
27. The following provisions shall apply to proceedings before magistrates :----
(1) the description of any offence in the words of the Ordinance or statute or any order, by-law, regulation or other 42 & 43 Vict. document creating the offence, or in similar words, shall be
sufficient in-law;
c. 49, s. 39.
(2) any exception, exemption, proviso, excuse or quali- fication, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation or other document creating'' the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;
(3) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undore, and there is a good and valid conviction or order to sustain the same;
(4) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that