320
No. 3 of 1890.
form 73.
form 74.
MAGISTRATES.
and give evidence at the Criminal Session of the Court at which the accused is to be tried in the same manner as the prosecutor and his witnesses.
(3) The said recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the Magistrate 1st schedule: before whom the same is acknowledged, and a notice thereof, signed by the said Magistrate, shall at the same time be given to the person bound thereby: Provided always that if any such witness for the prosecution or defence refuses to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for the Magistrate, by his warrant, to commit him to prison there to be safely kept until after the trial of the accused, unless in the meantime such witness duly enters into such recognizance as aforesaid before a Magistrate: Provided, nevertheless, that if afterwards, from want of sufficient evidence in that behalf or other cause, the Magistrate before whom the accused has been brought does not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for a Magistrate, by his order in that behalf, to order and direct the Superintendent of the prison where such witness is so in custody to discharge him from the same, and the Superintendent shall thereupon forthwith discharge him accordingly: Provided, further, that all such recognizances so taken, together with the written information, if any, or summons, the depositions on either side, and the statement of the accused, if any, shall be kept together until the close of the case before the Magistrate, and if the accused is then committed for trial shall be transmitted by the Magistrate, or he shall cause the same to be transmitted, to the Crown Solicitor for the use of the Attorney General.
form 75.
[cf. No. 9 of 1899 s. 11.]
Discharge or committal of accused.
[11 & 12 Vict. c. 42 s. 25.]
76. When all the evidence offered on the part of the prosecution against the accused has been heard, if the Magistrate is of opinion that it is not sufficient to put the accused upon his trial for any indictable offence, the Magistrate shall forthwith order the accused, if in custody, to be discharged as to the information then under inquiry; but if, in the opinion of the Magistrate, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the evidence given raises a strong or probable presumption of the guilt of the accused, then the Magistrate shall, by his warrant, commit him to prison to be there safely kept until he shall be thence delivered by due course of law or admit him to bail as hereinbefore mentioned.
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