Magistrates.
[CAP. 227
Form 72.
Form 73.
(3) The said recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the magistrate before whom the same is acknowledged, and a notice thereof, signed by the said magistrate, shall at the same time be given to the person bound thereby: Provided always that if any such witness for the prosecution or defence refuses to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for the magistrate, by his warrant, to commit him to prison there to be safely kept until after the trial of the accused, unless in the meantime such witness duly enters into such recognizance as aforesaid before a magistrate: Provided nevertheless that if afterwards, from want of sufficient evidence in that behalf or other cause, the magistrate before whom the accused has been brought does not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for a magistrate by his order in that behalf, to order and direct the Commissioner of Prisons to discharge such witness from prison, and the said Commissioner shall thereupon forthwith discharge him accordingly. Provided further that all such recognizances so taken, together with the written information, if any, or summons, the depositions on either side and the statement of the accused, if any, shall be kept together until the close of the case before the magistrate, and if the accused is then committed for trial shall be transmitted by the magistrate, or he shall cause the same to be transmitted, to the Attorney General.
[78
Form 74.
Discharge or committal
[cf. 11 & 12 c. 42, s. 25 15 & 16
84. (1) If after hearing all the evidence offered on the part of the prosecution and the evidence, if any, of the accused and his witnesses and after taking into consideration any statement made by the accused, the magistrate is of opinion that there is not sufficient evidence to put the accused upon his trial for any indictable offence, the magistrate shall forthwith order the accused, if in custody, to be discharged as to the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.
(2) If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into consideration any statement of the accused, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the
277-
c. 86,