40
CAP. 227]
Magistrates
[1988 Ed.
shall apply accordingly, and the complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint. (See Forms 34-36)
(2) The magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprisoned for 6 months. (Amended, 30 of 1958, Schedule)
[cf. U.K. 1879 c. 49, s. 25]
Power to reduce or vary security
62. Where a person has been committed to prison by a magistrate for default in finding sureties, a magistrate may, on application made to him in manner directed by rules made under section 133 by such person or by some one acting on his behalf, inquire into the case of the person so committed, and if, on new evidence produced to the magistrate or proof of a change of circumstances, the magistrate thinks, having regard to all the circumstances of the case, that it is just to do so, he may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just.
(See Forms 40, 41) [cf. U.K. 1879 c. 49, s. 26]
Recognizance taken out of court
63. When a magistrate has fixed, as respects any recognizance, the amount in which the principal and the sureties, if any, are to be bound, the recognizance, notwithstanding anything in this or any past enactment, need not be entered into before such magistrate, but may, subject to rules made under section 133, be entered into by the parties before another magistrate or before the magistrates' clerk or before a superintendent or inspector of police or, where any of the parties is in prison, before the Commissioner of Correctional Services; and thereupon all the consequences of law shall ensue and the provisions of this Ordinance with respect to recognizances taken before a magistrate shall apply as if the recognizance had been entered into before a magistrate as heretofore by law required.
Mode of giving security and enforcement thereof
(See Forms 6-9)
[cf. U.K. 1879 c. 49, s. 42]
64. (1) A person shall give security under this Part, whether as principal or surety, either by the deposit of money with the magistrates' clerk or by an oral or written acknowledgment of the undertaking or condition by which and of the sum for which he is bound, and evidence of such security may be provided by the entry thereof in the register of the proceedings of the magistrates. (See Forms 6-9, 42)
(2) Any sum which may become due in pursuance of a security under this Part from a surety shall be recoverable summarily in manner directed by this Ordinance.