450
No. 3 of 1890.
MAGISTRATES.
First Schedule.
Form No. 7.
declare the same to be forfeited in manner hereinafter provided, and may forthwith issue his warrant for the apprehension of the defendant.
Schedule.
Provisions as to adjournment.
11 & 12 Vict. c. 43, s. 7.
(2) If, at the time and place to which the hearing or further hearing is so adjourned, the complainant or informant does not appear, either personally or by counsel, the magistrate then present may dismiss the complaint or information, with or without costs, as to the magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not appear, either personally or by counsel, the magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think requisite.
General.
17.-(1) If it is made to appear to a magistrate, by the oath of any credible person, that any person within the Colony is likely to give material evidence on behalf of the complainant or informant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a magistrate to testify what he knows concerning the matter of the complaint or information.
First Schedule.
Form No. 8.
First Schedule.
Form No. 9.
(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons, and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person, at a time and place to be therein mentioned, before the magistrate to testify as aforesaid.
(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence...
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