494
No. 3 of 1890.
form 11.
MAGISTRATES.
swer such questions as shall be put to him concerning the premises, 1st schedule: the Magistrate may, by warrant under his hand and seal, order him to be imprisoned, without hard labour, for any time not exceeding 2 months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding 20 dollars.
Variance between information and evidence. [11 & 12 Vict. c. 43 s. 9.]
form 5.
form 7.
Description
18. (1) In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the Magistrate by whom the information is heard and determined.
(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the Magistrate present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be lawful for the Magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the Magistrate may think fit, or to 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 to which the hearing is so adjourned: Provided always that in every case in which a defendant is so discharged on recognizance as aforesaid, and does not afterwards appear at the time and place mentioned therein the Magistrate then present shall certify on the back thereof the non-appearance of the defendant, and may declare the same to be forfeited in the manner hereinafter provided, and may also forthwith issue a warrant for the apprehension of the defendant.
19. (1) In any complaint or information or the proceedings of property thereon in which it is necessary to state the ownership of any property...
of partners in complaint or information. [ib. s. 4.]
* As amended by No. 2 of 1912.
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