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THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRUARY, 1890.
If summons
bo not obeyed, Magistrate may issue warrant.
In certain
cases may issue warrant in the first instance.
Persons appearing on summons, &c., refusing to be examined, Tay be committed.
Variance be- tween in- formatiou and evidence.
(11 & 12 V. c. 43, 8. 9.)
Description of property of partners, &c. (1) & 12, V.
c. 43, s. 4.)
shall issue his summons (VIII.) to such person under his hand and seal, requiring him to be and appear at a time and place mentioned in such summons before a Magistrate to testify what he shall know, concerning the matter of the said complaint or information, and if any person so sum- moned shall neglect or refuse to appear at the time and place appointed by the said summons, and no just excuse shall be offered for such neglect or refusal, then (after proof upon oath of such summons having been served upon such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum was paid or tendered to him for his costs or expenses in that behalf,) it shall be lawful for the Magistrate before whom such person should have appeared to issue a warrant (IX.) under his band and seal to bring and have such person, at a time and place to be therein mentioned, before such Magistrate to testify as aforesaid, or if such Magistrate shall be satisfied by evidence upon oath that it is probable that such person will not attend to give evidence without being compelled so to do, then, instead of issuing such summons, it shall be lawful for him to issue his warrant (x.) in the first instance; and if on the appearance of such person so summoned before the said last mentioned Magistrate either in obedience to the said summons or upon being brought before him by virtue of the said warrant, such person shall refuse to be examined upon oath concerning the premises, or shall refuse to take such oath, or, having taken such oath, shall refuse to answer such questions concerning the premises as shall then be put to him, with- out offering any just excuse for such refusal, the Magis- trate may by warrant under his hand and seal commit (x1.) the person so refusing to prison there to remain and be`im- prisoned for any time not exceeding seven days, unless he shall in the meantime consent to be examined and to answer concerning the premises or may impose a fine on such person not exceeding twenty dollars.
18. In all cases of informations for any offences punish- able on summary conviction any variance between such information and the evidence adduced in support thereof, as to the time at which such offence or act shall be alleged to have been committed shall not be deemed material, if it be proved that such information was in fact laid within the time limited by law for laying the same; and any variance between such information and the evidence ad- duced in support thereof as to the place in which the offence or act shall be alleg
shall not be deemed material to have been committed
provided that the offence or act be proved to have been committed within the jurisdic- tion of the Magistrate by whom such information shall be heard and determined; and if any such variance, or any variance in any other respect between such information and the evidence adduced in support thereof, shall appear to the Magistrate present and acting at the hearing to be such that the party charged by such information has been thereby deceived or misled, it shall be lawful for such Magistrate upon such terms as he shall think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the said defendant to prison or some place of security, or to such other custody as the said Magistrate shall think fit, or to discharge him upon his entering into a recognisance (v.) with or without surety or suretics, at the discretion of the Magistrate conditioned for his appearance at the time and place to which such hear- ing shall be so adjourned. Provided always that in all cases in which a defendant shall be so discharged upon recog- nisance as aforesaid, and shall not afterwards appear at the time and place in such recognisance mentioned, the Magistrate then present, shall certify (v11.) on the back of the recognisance the non-appearance of the defendant and may declare the same to be forfeited in the manner hereinafter provided and may also forthwith issue a war- rant for his apprehension.
19. In any complaint or information or the proceedings thereon in which it shall be necessary to state the owner- ship of any property belonging to or in the possession of partners, joint tenants, parceners or tenants in common it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others as the case may be and whenever in any such complaint or information or the proceedings thereon it shall be necessary to mention for any purpose whatsoever any partners, joint tenants, parceners or tenants in common