Magistrates.
[CAP. 227
appearance
appearance
and
thereon.
11 & 12 Vict.
c. 43, s. 13.
18. (1) If, at the time and place appointed in and by the summons aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid does not appear when called, the police officer or officer who has served him with the summons in that behalf shall then declare upon oath in what manner he served the summons, and if it appears, to the satisfaction of the magistrate, that he duly served the summons, the magistrate may proceed to hear and determine the case in the absence of the defendant, or the magistrate, on the non-appearance of the defendant as aforesaid, may issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the complaint or information until the defendant is apprehended; and when the defendant is afterwards apprehended under the warrant, he shall be brought before a magistrate, who shall thereupon either by his warrant commit the defendant to prison or some other place of security or, if he thinks fit, verbally to the custody of the police officer who has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a certain time and place before a magistrate, of which said order the complainant or informant shall have due notice.
Form 12.
(2) If, at the time and place so appointed, the defendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before a magistrate by virtue of any warrant, then, if the complainant or informant, having had such notice as aforesaid, does not appear by himself or his counsel, the magistrate shall dismiss the complaint or information, unless for some reason he thinks proper to adjourn the hearing of the same unto some other day, on such terms as he may think fit, in which case he may commit the defendant in the meantime to prison or some other place of security or to such custody as the magistrate may think fit, or may discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned.
Form 5.
(3) If the defendant does not afterwards appear at the time and place mentioned in the recognizance, the magistrate then present shall certify on the back of the recognizance the
Form 7.
239