A.D. 1890.]
MAGISTRATES.
[No. 3.
689
required to be done or left undone, 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 a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress, so, however, that if amends are tendered before action brought, or, if the action is brought, are paid into Court in the action, and the plaintiff does not recover more than the sum so tendered and paid into Court, the plaintiff shall not be entitled to any costs incurred after such tender, and the defendant shall be entitled to his taxed costs; and
(5.) all goods forfeited by order of a Magistrate may be sold or disposed of in such manner as the Magistrate may direct, and the proceeds of the sale shall be applied in the like manner as if the proceeds were a fine imposed under the Ordinance or statute on which the proceeding for the forfeiture is founded.
29.--(1.) In all proceedings under this Part the Magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters; namely,
(a.) the nature of the complaint or information;
(b.) the names of the complainant, informant, or prosecutor, and of the defendant, and of the respective witnesses on either side;
(c.) the evidence or depositions of the witnesses;
(d.) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and
(e.) the fines, if any, paid into Court.
(2.) The minute shall, immediately after the close of the case, be handed to the Magistrate's Clerk for safe custody.
Minute of proceedings, First Schedule: Form No. 13.
Register of cases.
c. 49 s. 29.
30.—(1.) The Magistrate's Clerk shall keep a register of the minutes or memoranda of all the convictions and orders of the Magistrate or Magistrates, and of such other proceedings as are directed by the rules in the Second Schedule to this Ordinance to be registered, and shall keep the same in the Form No. 60 in the First Schedule to this Ordinance and with the particulars prescribed in the said rules or form,
(2.) The register, and also any extract from the register certified by the Clerk keeping the same to be a true extract, shall be primâ facie evidence.
42 & 43 Vict.
Second Schedule.
First Schedule: Form No. 60