A.D. 1890.]
MAGISTRATES.
[No. 3.
713
(4.) It shall be lawful for a Magistrate, in his discretion, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an Inspector of Police or other Police officer of equal or superior rank to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the Court without leave.
(5.) In every case where a person charged with any bailable indictable offence is committed to prison to take his trial for the same before the Court, it shall be lawful, at any time afterwards and before the first day of the Criminal Session at which he is to be tried or before the day to which such Session is adjourned, for the Magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing Magistrate is of opinion that for any of the offences mentioned in sub-section (2.) the accused ought to be admitted to bail, such Magistrate shall, in such case and in every other case of a misdemeanor committed for trial before the Court, certify on the warrant of commitment his consent to the accused being bailed, stating also the amount of bail which ought to be required and whether with a surety or sureties; and it shall be lawful for a Magistrate or his first Clerk, or for a Justice of the Peace attending at or visiting the prison where the accused is in custody, on production of such certificate, to admit the accused to bail in manner aforesaid.
(6.) In every case where the accused in custody is admitted to bail by a Magistrate other than the committing Magistrate or by a Justice of the Peace as aforesaid, such Magistrate or Justice of the Peace shall forthwith transmit the recognizance of bail to the committing Magistrate, to be transmitted with the depositions.
(7.) Where two Magistrates sit together, either of them may exercise the powers hereinbefore mentioned.
deliverance where accused
95.--(1.) In every case where a Magistrate admits to bail any person who is then in prison charged with the offence for which he is so admitted to bail, the Magistrate shall send to or cause to be lodged with the Superintendent of such prison a warrant of deliverance, under his hand and seal, requiring the Superintendent to discharge the person so admitted to bail, if he is detained for no other offence, and on such warrant of deliverance being delivered to or lodged with the Superintendent, he shall forthwith obey the same.
(2.) Where, however, the bail of the person in prison is taken by the Magistrate's Clerk or a Justice of the Peace, in pursuance of sub-section
when bail granted. 11 & 12 Vict. c. 42 s. 24.
First Schedule:
No. 82.
1