498
No. 3 of 1890.
Non-avoidance of summons or warrant by death of Magistrate. [42 & 43 Vict. c. 49 s. 37.]
* Bail of person arrested without warrant. [ib. s. 38.]
MAGISTRATES.
26. Any warrant or summons issued by a Magistrate under this or any other Ordinance or statute, shall not be avoided by reason of the Magistrate who signed the same dying or ceasing to hold office.
27. A person taken into custody for an offence without a warrant shall be brought before a Magistrate as soon as practicable after he is so taken into custody, and if it is not or will not be practicable to bring him before a Magistrate within 48 hours after he is so taken into custody, a Superintendent or Inspector of Police or other officer in charge of any police station shall inquire into the case, and, except where the offence appears to such Superintendent, Inspector, or officer, to be of a serious nature, shall discharge the prisoner, on his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a Magistrate at the day, time, and place mentioned therein. 1st schedule: form 5.
Provisions as to proceedings, etc. [11 & 12 Vict. c. 43 s. 14; 42 & 43 Vict. c. 49 s. 39.]
28. The following provisions shall apply to proceedings before Magistrates:-
(1) the description of any offence in the words of the Ordinance or statute or any order, by-law, regulation, or other document creating the offence, or in similar words, shall be sufficient in law;
(2) any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;
(3) a warrant of commitment shall not be held void by reason of any defect therein, if it is therein alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same;
(4) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that a conviction or
* As amended by No. 1 of 1912.
+ As amended by No. 1 of 1912 and No. 2 of 1912.
§ As amended by No. 31 of 1911, No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.