466 ·

First Schedule.

Forms Nos. 24 and 59.

Security for good behaviour.

Exercise on complaint of power to bind over to keep the peace.

42 & 43 Vict. c. 49, s. 25.

First Schedule.

No. 3 of 1890.

MAGISTRATES.

to a maximum term of imprisonment less than the term of imprisonment to which he is liable under such conviction or order, the magistrate shall, by his warrant of commitment, revoke the term of imprisonment, and order the defendant to be imprisoned for a term not exceeding such less maximum term instead of the term originally mentioned in the conviction or order.

Recognizances, etc.

49.--(1) In every case punishable on summary conviction the magistrate may, if he so thinks proper and whether the defendant is convicted or not, order the defendant to enter into a recognizance, with two sufficient sureties, for his good behaviour and in such sum and for such term as the magistrate may think fit, so that such sum does not exceed two hundred dollars and such term does not exceed twelve months.

(2) The magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprisoned, without hard labour, for any term not exceeding six months.

50.-(1) The power of a magistrate, on complaint of any person, to adjudge a person to enter into a recognizance and find sureties to keep the peace or to be of good behaviour towards such first-mentioned person shall be exercised by an order upon complaint, and the provisions of this Ordinance shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.

(2) The magistrate may order the defendant, in default of Forms Nos. compliance with such last-mentioned order, to be imprisoned, without hard labour, for any term not exceeding six months.

27, and 28.

Power to reduce or vary security.

c. 49, s. 26. Second Schedule.

51. Where a person has been committed to prison by a magistrate for default in finding sureties, a magistrate may, on application made to him in manner directed by the rules in the Second Schedule by such person or by some one acting on his behalf, inquire into the case of the person so committed, and if new evidence produced to the magistrate or proof of a change of circumstances, the magistrate thinks, having regard to all the circumstances of the case, that it is just to do so, he may reduce the amount

First Schedule. Forms Nos. 32 and 33.

Page 25

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