CAP. 227]
Magistrates.
[8. 73 cont.] pose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.
Information to lead warrant in first instance to be in writing and upon oath.
11 & 12 Vict. c. 42, s. 8.
Service of summonses,
[68
74. In every case where a charge or complaint for any indictable offence is made before a magistrate, if it is intended to issue a warrant in the first instance against the accused, an information and complaint thereof in writing upon the oath of the informant or of some witness in that behalf shall be laid before the magistrate : Provided always that in every case where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided also that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the magistrate who takes the examination of the witnesses in that behalf-as hereinafter mentioned.
[69
75. The provisions with reference to summonses contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part.
11 & 12 Vict. c. 42, s. 9.
Form, etc., of warrants.
11 & 12 Vict. c. 42, s. 10.
[70
76. The provisions with reference to the form of warrants, the directions to be contained therein and the execution thereof contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to warrants under this Part.
Summons or warrant for witness, etc.
11 & 12 Vict. c. 42, s. 16.
[71
77. (1) If it is made to appear to a magistrate, by the oath of any credible witness, that any person is likely to give material evidence on the part of the prosecution and will not voluntarily appear at the time and place appointed for the examination of the witnesses against the accused, the magistrate may enforce the attendance of such person in the manner provided in Part II for enforcing the attendance of a witness under the summary jurisdiction of such magistrate.
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