MAGISTRATES.
No: 3 of 1890.
457
(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3) The entries relating to each magistrate, memorandum, or proceeding shall contain the name of the magistrate before whom the conviction, order, or proceeding referred to therein was made or had.
(4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said Second Schedule.
(5) Every such register shall be open for inspection, without fee or reward, by a magistrate, or by any person authorised in that behalf by a magistrate, or by the Governor or Colonial Secretary.
Special provisions.
discharge punishment
42 & 43 Vict.
31. If, on the hearing of a charge for any offence punishable on summary conviction the magistrate thinks that, though the charge is proved, the offence was in the particular case of so trifling a nature that it is inexpedient to inflict any punishment, or any other than a nominal punishment,—
(1) he may, without proceeding to conviction, dismiss the complaint or information, and may order the defendant to pay such damages, not exceeding ten dollars, and such costs of the proceeding, or either of them, as he may think reasonable; or
(2) he may, on convicting the defendant, discharge him conditionally on his giving security, with or without sureties, to appear for sentence when called upon or to be of good behaviour, and either without payment of damages and costs or subject to the payment of such damages and costs, or either of them, as he may think reasonable.
32. Where a defendant is fined a sum not exceeding five dollars and the same is not forthwith paid, the magistrate may order the defendant to be searched, and if on being searched he is found to have on his person money equal to the amount of his fine, it shall be lawful for the magistrate to appropriate the same towards payment of the fine.