444/62.
S.1.
44/62.
5.1.
CAP. 227]
[s. 20 cont.]
Rules.
Forms 4, 5.
Rules. Form 7.
Provisions as
to witnesses.
c. 43, s. 7.
Magistrates.
as the magistrate may think fit, or may discharge the defendant 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 or further hearing is adjourned: Provided always that in every case where a defendant is discharged on recognizance as aforesaid, and 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 non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may forthwith issue his warrant for the apprehension of the defendant.
(2) If, at the time and place to which the hearing or further hearing is so adjourned, the complainant or informant does not appear, either personally or by counsel, the magistrate then present may dismiss the complaint or information, with or without costs, as to the magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not appear, either personally or by counsel, the magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think requisite.
[14
General.
21. (1) If it is made to appear to a magistrate, by the 11 & 12 Vict. oath of any credible person, that any person within the Colony is likely to give material evidence on behalf of the complainant or informant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a magistrate to testify what he knows concerning the matter of the complaint or information.
Rules. Form 8.
(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons, and no just excuse is offered for such refusal or neglect, then after proof upon oath that the summons was served
242
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