1204
( 10 OF 1890. ] MAGISTRATES .
has jurisdiction,then if the accused shall not then be in custody,
it shall be lawful for such l'agistrate to issue his warrant ( 111.)
to apprehend the accused and to cause liim to be brought before
a Magistrate to answer to such charge or complaint and to be
further dealt with according to law : but in all cases it shall be
lawful for the Magistrate to whom such charge or complaint
shall be preferred, if he shall so think fit, instead of issuing his
warrant, in the first instance to apprehend the accused , to issue
his summons ( 1.) directed to the acensed requiring him to
appear before a Magistrate at a time and place to be therein
mentioned ; and if after being served with such summons in
manner hereinafter mentioned he shall fail to appear at such
time and place in obedience to such summons, then and in every
such case any Magistrate may issue his warrant ( 11. ) to
apprehend the accused and cause him to be brought before a
Magistrate to answer to the said charge or complaint and to be
further dealt with according to law : but nothing in this section
contained shall prevent a Magistrate from issuing the warrant
hereinbefore first mentioned at any time before or after the time
mentioned in such summons for the appearance of the accused .
Warrant to
apprehend
63. In all cases of felony or misdemeanour committed on the
for offences High Seas or in Foreign Parts or in any creek, Larbour, haven or
committed
on the high other place within the jurisdiction of ihe Admiralty for which
seas .
( 11 & 12 V.
an information may be preferred by the Attorney General of the
. Colony, it shall be lawful for any Magistrate, if the accused
and see No. 3 shall reside or be or shall be supposed to reside or be within the
of 1865, s. 8.] Colony or the waters thereof to issue his warrant to apprehend
the accused and to cause him to be brought before one of the
Magistrates to answer to the charge and to be further dealt
with according to law .
Warrant to
apprehend
64. Where any information is filed by the Attorney General
where against any person who shall then be at large and whether such
is formati meperson shallbave been bound by recognisance to appear to
filed by
Attorney answer to the same or not, the Registrar upon application of
General and
the accused is
the prosecutor or of any person on his behalf ( if the person
at large. against whom an information has been filed shall not have
(11,8& 12 V. already appeared and pleaded to such information ) shall grant
. 42, s . 3. ]
to him a certificate of such information having been filed ; and
upon production of such certificate to a Magistrate it shall be
lawful for him and he is hereby required to issue his warrant
( 111. ) to apprehend the accused and to cause him to be brouglit
before him to be dealt with according 10 law : and afterwards
if such person be apprehended and brought before aa Magistrate
such Magistrate upon its being proved on oath before him that
the person so apprehended is the same person who is charged
and named in such information shall without further enquiry or