477
No. 3 of 1890.
MAGISTRATES.
(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.
for accused.
74. If the accused makes any such statement or is unwilling to do so, the magistrate hearing the case shall then demand and require of the accused or his counsel whether he desires to call any witness 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.
and witnesses.
30 & 31 Vict., c. 35, s. 3.
75.--(1) On the hearing of an indictable offence as aforesaid, it shall be lawful for the magistrate to bind by recognizance the prosecutor and his witnesses or any of them to appear at the criminal session of the court at which the accused is to be tried then and there to prosecute, or to prosecute and give evidence, or to give evidence alone, as the case may be, against the accused and the recognizance shall particularly specify the profession, art, or trade of every such person entering into or acknowledging the same, together with his Christian or other name and surname.
11 & 12 Vict. c. 42, s. 20; 30 & 31 Vict. c. 35, s. 3. First No. 72.
(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 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 before whom the same is acknowledged, and a
* As amended by Law Am., Ord., 1923.
Schedule.