MAGISTRATES.
No. 3 of 1890.
519
or trial ence of of the offence before infor- mation questions positions esence y the ed by part g the tend.. 1, or, taken to be 1 by and ided ate- 1 or com tich any ien ad- nd 100 against the accused in any Court if it is produced out of the proper custody without further proof of the matters above mentioned, unless it is proved that such statement was not duly taken down or was not in fact signed by the Magistrate or officer aforesaid purporting to sign the same.
(4) Provided, nevertheless, that nothing herein contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the accused made at any time which by law would be admissible as evidence against him.
of witnesses *
74. If the accused makes any such statement or is unwilling to do Examination so, the Magistrate hearing the case shall then demand and require for accused. of the accused or his counsel whether he desires to call any witness [30 & 31 Vict. c. 35 s. 8.] or evidence, and if he so calls or desires to call any witness or evidence, the Magistrate shall, in the presence of the accused, take such evidence upon oath, both examination and cross-examination, of the witnesses who may be called by the accused or his counsel and who know anything relating to the facts or circumstances of the case or anything tending to prove the innocence of the accused, and shall put the same into writing, and the depositions of such witnesses shall be read over to and signed respectively by the witnesses so examined and shall also be signed by the Magistrate taking the same.
75.-(1) On the hearing of an indictable offence as aforesaid, it Binding over shall be lawful for the Magistrate to bind by recognizance the and witnesses. of prosecutor prosecutor and his witnesses or any of them to appear at the [11 & 12 Vict. Criminal Session of the Court at which the accused is to be tried 30 & 31 Vict. c. 42 s. 20; then and there to prosecute, or to prosecute and give evidence, or c. 35 s. 3.] to give evidence alone, as the case may be, against the accused; and the recognizance shall particularly specify the profession, art, or 1st schedule: trade of every such person entering into or acknowledging the same, form 72. together with his Christian or other name and surname.
(2) Such witnesses for the accused as may be called and examined as aforesaid, not being witnesses as to the character of the accused merely, who, in the opinion of the Magistrate, give evidence in any way material to the case or tending to prove the innocence of the accused shall be bound by recognizance to appear
* As amended by No. 50 of 1911. As amended by No. 7 of 1910.
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