A.D. 1890.]
MAGISTRATES.
[No. 3.
707
prove the innocence of the accused, and shall put the same into writing, and the depositions of such witnesses shall be read over to and signed respectively by the witnesses so examined and shall also be signed by the Magistrate taking the same.
of prosecutor
11 & 12 Vict. c. 42 s. 20:
hoy of 1910.
75.-(1.) On the hearing of an indictable offence as aforesaid, it shall be lawful for the Magistrate to bind by recognizance the prosecutor and his witnesses or any of them to appear at the next Criminal Session of the Court at which the accused is to be tried then and there to prosecute, or to prosecute and give evidence, or to give evidence alone, as the case may be, against the accused; and the recognizance shall particularly specify the profession, art, or trade of every such person entering into or acknowledging the same, together with his Christian or other name and surname.
39 & 40 Vict. c. 35 s. 3. First Schedule:
(2.) Such witnesses for the accused as may be called and examined as aforesaid, not being witnesses as to the character of the accused merely, who, in the opinion of the Magistrate, give evidence in any way material to the case or tending to prove the innocence of the accused shall be bound by recognizance to appear and give evidence at the trial at the next Criminal Session of the Court at which the accused is to be tried in the same manner as the prosecutor and his witnesses.
(3.) The said recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the Magistrate before whom the same is acknowledged, and a notice thereof, signed by the said Magistrate, shall at the same time be given to the person bound thereby : Provided always that if any such witness for the prosecution or defence refuses to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for the Magistrate, by his warrant, to commit him to prison there to be safely kept until after the trial of the accused, unless in the meantime such witness duly enters into such recognizance as aforesaid before a Magistrate: Provided, nevertheless, that if afterwards, from want of sufficient evidence in that behalf or other cause, the Magistrate before whom the accused has been brought does not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for a Magistrate, by his order in that behalf, to order and direct the Superintendent of the prison where such witness is so in custody to discharge him from the same, and the Superintendent shall thereupon forthwith discharge him accordingly: Provided, further, that all such recognizances so taken, together with the written information, if any, or summons, the depositions on either side, and the statement of the accused, if any, shall be kept together until the close of the case before the Magistrate, and if the accused is then committed for trial shall be transmitted by the Magistrate, or he shall cause the same to be transmitted, to the Crown Solicitor for the use of the Attorney General.
See Ordinance No. 9 of 1899 s. 11.