488.
No. 3 of 1890:
Issue of summons to defendant and mode of service thereof.
[11 & 12 Vict, c. 43 s. 1st schedule: form 1.
Issue of warrant in case of disobedience of summons or in the first instance.
MAGISTRATES.
ance relating to proceedings before a Magistrate shall apply mutatis mutandis to the proceedings before such Justices. Such direction shall name a place where the said Justices are to sit.
PART II.
PROCEDURE IN RESPECT OF SUMMARY OFFENCES.
10.-(1) In every case where a complaint is made to or an information laid before a Magistrate in respect of which the Magistrate has power to convict summarily or to make an order for the payment of money or otherwise, it shall be lawful for the Magistrate to issue his summons to the person against whom the complaint has been made or information laid, stating shortly the matter of the complaint or information and requiring him to appear at a certain time and place before a Magistrate to answer to the complaint or information, and to be further dealt with according to law.
(2) Every such summons shall be served by a constable, usher, or other officer in a Magistrate's Court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable or other officer who serves the same shall attend at the time and place before the Magistrate mentioned in the summons to depose, if necessary, to the service of the summons: Provided always that nothing herein contained shall oblige a Magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet.
11.-(1) If the person so served with a summons does not appear before the Magistrate at the time and place mentioned in the summons, and it is made to appear to the Magistrate, by oath, that the summons was so served within what is deemed by the Magistrate to be a reasonable time before the time therein appointed for appearing to the same, then it shall be lawful for the Magistrate, on oath being made before him substantiating the matter of the complaint or information to his satisfaction, to issue his warrant to apprehend the person so summoned, and to bring such person before him or another Magistrate to answer to the said complaint or information, and to be further dealt with according to law; or, on such information being laid as aforesaid, the Magistrate before whom the information is laid * As amended by No 1 of 1912.
1st schedule: form 2.