A.D. 1890.]
MAGISTRATES.
[No. 3.
705
remand accused.
c. 42 s. 21.
First Schedule: Forms Nos. 12 and 76:
70.--(1.) If, on the hearing of an information or charge for an indictable offence, from the absence of witnesses or from any other reasonable cause, it becomes necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the Magistrate before whom the accused appears or is brought up by his warrant from time to time to remand the accused for such time as by the Magistrate, in his discretion, may be deemed reasonable, not exceeding eight clear days, to prison or some place of security; or, if the remand is for a time not exceeding three clear days, it shall be lawful for the Magistrate verbally to order the constable, peace officer, or other person in whose custody the accused may then be, or any other constable or person to be named by the Magistrate in that behalf, to continue and keep the accused in his custody and to bring him before the same Magistrate at the time appointed for continuing the examination: Provided always that the Magistrate may order the accused to be brought before himself or another Magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided, also, that, instead of detaining the accused in custody during the period for which he is so remanded, a Magistrate before whom the accused so appears or is brought as aforesaid may discharge him, on his entering into a recognizance, with or without a surety or sureties, at the discretion of the Magistrate, conditioned for his appearance at the time and place appointed for the continuance of the examination.
(2.) If the accused does not afterwards appear at the time and place mentioned in the recognizance, the Magistrate then present may, on certifying the non-appearance of the accused on the recognizance, declare the same forfeited, and proceed to enforce the same in the manner hereinbefore provided for enforcing recognizances in the cases of offences punishable on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.
77 and 78.
$78 examination taken not an
7b. s. 19.
71. The room or building in which a Magistrate hears an information or charge for an indictable offence shall not be deemed an open Court for that purpose; and it shall be lawful for the Magistrate hearing the case, in his discretion, to order that no person shall have access to or be or remain in such room or building without the consent or permission of the Magistrate, if it appears to him that the ends of justice will be best answered by so doing.
Taking of evidence at hearing.
72.--(1.) On the hearing of an information or charge for an indictable offence where the accused is present at the hearing, the Magistrate shall before committing the accused to prison for trial or before admitting him to bail to take his trial, in the presence of the accused proceed to take
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