CAP. 227]
Costs where
fine does
not exceed
$20.
c. 49, s. 8.
24 of 1949, s.22.
Magistrates.
70. (1) Where a fine adjudged by a conviction by a magistrate to be paid does not exceed twenty dollars, then, except so far as the magistrate may think fit expressly to order otherwise, an order shall not be made for payment by the defendant to the complainant or informant of any costs; and the magistrate shall, except so far as he thinks fit expressly to order otherwise, direct all fees payable or paid by the complainant or informant to be remitted or repaid to him. 42 & 43 Vict.
Procedure on information being laid. 11 & 12 Vict. c. 42, s. 1.
Rules. Form 3.
Rules. Form 1.
Rules. Form 2.
(2) The magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.
PART III.
INDICTABLE OFFENCES.
[65
71. (1) In every case where a charge or complaint is made to a magistrate that any person has committed or is suspected to have committed any treason, felony or indictable misdemeanor or other indictable offence over which the magistrate has jurisdiction, then, if the accused is not then in custody, it shall be lawful for the magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge or complaint, and to be further dealt with according to law; but in any case it shall be lawful for the magistrate to whom the charge or complaint is preferred, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a magistrate at a time and place to be therein mentioned; and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place in obedience to such summons, then and in every such case any magistrate may issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge or complaint and to be further dealt with according to law.
(2) Nothing in this section shall prevent a magistrate from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in the summons for the appearance of the accused.
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