1188 MAGISTRATES .
[ 10 of 1890.)
Summons or 26. Any warrant or summons issued by a Magistrate under
warrant not
avoided by this or any other ordinance or statute whether past or future
death of
Magistrate.
or otherwise, shall not be avoided by reason of the Magistrate
[42 & 43 V. who signed the same dying or ceasing to hold office.
c. 49 , s. 37. ]
Bail of person
arrested
27. A person taken into custody for an offence without a
without a warrant shall be brought before a Magistrate as soon as practic
warrant.
[ 42 & 43 V. able , after he is so taken into custody, and if it is not or will
c. 49, s. 38.] not be practicable to bring him before a Magistrate within
forty -eight hours after he is so taken into custody, a Superintend
ent or Inspector of Police, or other officer of Police of equalor
superior rank , or in charge of any Police Station, shall inquire
into the case, and, except where the offence appears to such
Superintendent, Inspector or officer to be of a serious nature,
shall discharge the prisoner, upon his entering into a recognisance
( v. ) , with or withoutsureties , for a reasonable amount, to appear
before a Magistrate at the day, time, and place named in the
recognisance.
Provisions as 28. The following enactments shall apply to proceedings
to proceed
ings, &c. before Magistrates; ( that is to say) :
(42 & 43 V.
c. 49, s. 39. ( 1. ) The description of any offence in the words of the
11 & 12 V. c. ordinance or statute or any order , bye -law , regu
43, 8. 14.]
lation, or other document creating the offence, or in
similar words, shall be sufficient in law ; and
( 2.) Any exception, exemption, proviso, excuse, or quali
fication, whether it does or does not accompany in
the same section the description of the offence in
the ordinance or statute, order, bye -law , regulation,
or other document creating the offence, may be
proved by the defendant, but need not be specified
or negatived in the complaint or information, and
if so specified or negatived no proof in relation to
the matter so specified or negatived shall be required
on the part of the complainant or informant; and
( 3. ) A warrant of commitment shall not be held void by
reason of any defect therein, if it be therein alleged
that the offender has been convicted or ordered to
do or abstain from doing any act or thingrequired
to be done or left undone, and there is a good and
valid conviction or order to sustain the same; and
( 4. ) A warrant of distress shall not be deemed void by
reason only of any defect therein , if it be therein
alleged that a conviction or order has been made,
and there is a good and valid conviction or order to
sustain the saine, and a person acting under a
warrant of distress shall not be deemed a trespasser