MAGISTRATES . [ 10 of 1890. ] 1209
Magistrate before whom the same shall be acknowledged and
a notice thereof signed by the said Magistrate shall at the same
time be given to the person bound thereby ( LXXIII. ) Provided
always, that if any snch witness for the prosecution or defence
shall refuse to enter into or acknowledge such recognisance as
aforesaid it shall be lawful for such Magistrate by his warrant,
( Lxxiv .) to commit him to prison there to be satély kept until
after the trial of the accused unless in the meantime such
witness shall duly enter into such recognisance 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 shall have been brought
shall not commit him or hold him to bail for the offence with
which lie is charged, it shall be lawful for a Magistrate by his
order in that behalf ( 1.XXV. ), to order and direct the Superin
tendent of the prison where such witness shall be so in custoly
to discharge liim from the same, and such Superintendent shall
thereupon forth with discharge him accordingly : provide fuir
ther, that all such recognisances so taken together with the
written information ( if any) or summons, the depositions on
either side and the statemeut of the accused ( if any ) shall be
kept together until the close of the case before the Magistrate
and if the accused be the committed for trial shall be trans
mitted by the said Magistrate or he shall cause the same to be
transmitted to the Registrar.
76. When all the evidence offered upon the part of the pro- Magistrate's
decision,dis
secution against the accused shall have been heard , if the Magis- charge or
trate shall be of opinion that it is not sufficient to put the committal.
accused upon his trial for any indictable offence, such Magis- c5.1.23.23
42 , s )
trate shall forthwith order the accused , if in custody, to be
discharged as to the information then under inquiry ; but if in
the opinion of such Magistrate such evidence is sufficient to put
the accused upon his trial for an indictable offence, or it the
evidence giveni raise a strong or probable presumption of the
guilt of the accused, then such Magistrate shall, by his warrant,
commit him to prison to be there safely kept until he shall be
thence delivered by due course of law , or admit him to bail as
bereinbefore mentioned .
77. If the Magistrate commit the accused to prison for trial, Informing
accused of
he shall inform or cause the accused to be informed thereof in committal.
the words or to the effect following : { English
66
practice. )
" A. B. you stand committed to Gaol until the next Criminal
Sessions of the Supreme Court there to take your trial."'
78. When the depositions in any case sent for trial to the Acensed
entitled
Supreme Court have been completed a copy thereof including cop
contentto
y of