Magistrates.

[CAP. 227]

him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence; and also to hear and examine such other witnesses as the complainant or informant may examine in rebuttal, if the defendant or his counsel has 48 of 1949, s. 5. examined any witnesses or given any evidence other than as to the defendant's general character.

(2) The magistrate, having heard what each party has to say and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall Rules. convict or make an order against the defendant or dismiss the complaint or information, as the case may be.

(3) If the magistrate convicts the defendant or makes an order against him, a minute or memorandum thereof shall then be made (for which no fee shall be paid), and the conviction or order shall afterwards be drawn up by the magistrate in proper form under his hand and seal, and he shall cause the same to be lodged with the magistrates' clerk, who shall register the same as hereinafter provided.

Form 25.

2 of 1953, s. 2.

(4) If the magistrate dismisses the complaint or information, it shall be lawful for him, if he thinks fit, on being required to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf a certificate thereof, which said Rules. certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party.

[13]

Form 39.

ment of procedure 11 & 12 Vict. c. 43, s. 16.

20. (1) Before or during the hearing of any complaint Adjourn- or information as aforesaid, it shall be lawful for a magistrate in his discretion to adjourn the hearing of the same thereon to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, or their respective counsel, and in the meantime the magistrate granting and making such adjournment may suffer the defendant to go at large, or may commit him to prison or some other place of security or to such other safe custody as...

241

Page 15

Page 16

Share This Page