A.D. 1890.]
MAGISTRATES.
[No. 3.
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to pay a fine not exceeding one hundred dollars: Provided that nothing in this section shall affect any greater punishment specifically provided in any other past or future Ordinance.
(2.) The Magistrate may also direct that the accused be kept in solitary confinement for any portion of his term of imprisonment, not exceeding fourteen days at any one time and not exceeding one month in the whole.
(3.) The Magistrate may nevertheless, if he thinks fit, commit any such accused for trial before the Court.
Procedure as to indictable offences triable summarily. 42 & 43 Vict.
(4.) Nothing in this section shall affect the provisions of section 82.
81. Where an indictable offence is triable summarily (1.) the procedure shall, until the Magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the Magistrate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly;
(2.) the evidence of any witness taken before the Magistrate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination:
First Schedule: Form No. 83; Form No. 38;
(3.) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the Court, and the Magistrate may make the like order for the restitution of property as might have been made by the Court before whom the person convicted would have been tried if he had been tried on an indictment; and
(4.) the order of dismissal shall be filed by the Magistrate's Clerk in Form No. 84.
in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such Clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused.
Powers for trial of certain indictable offences.
82. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 44 and 45 of the Offences against the Person Ordinance, 1865, it shall be lawful for a Magistrate to hear the case and convict the accused summarily and to sentence him to be imprisoned for any term not exceeding one year, with or without hard labour, or to commit the accused for trial before
No. 2 of 1865.
530
of-1956