1216 ( 10 of 1890. ) MAGISTRATES .
( 2. ) Where, however, the bail of the person in prison is taken
by the Magistrate's clerk or a Justice of the Peace, in pursuance
of sub -section 5 of section 95, a written certificate signed by
such Magistrate's clerk , or Justice that bail has been duly given ,
shall be a good authority to the Superintendent to discharge
the person so bailed , from custody , forthwith , unless he is also
in custody for some other cause .
Re-hearing.
Review of 97. ( 1. ) It shall be lawful for a Magistrate, upon such
by
decisionale
,
Magistrate. a grounds as he shall , in his discretion deem sufficient, to review
his decision or adjudication within seven clear days from the
date thereof, ( unless in the meantime an application has been
made to state and sign a case under section 99 hereof and such
application is not withdrawn ) and , upon such review , to re -open
and re- hear the case wholly or in part, and to take fresh evidence
and to reverse, vary or confirm the previous decision or adjudi
cation .
Re-hearing
before a
( 2.) Whenever any accused has been committed for trial and
Magistrate. the Attorney General has in pursuance of the 9th section of
[ No. õ of Ordinance No. 2 of 1869 or any other ordinance in that behalf
1850, s. 11. ]
hereafter in force in the Colony remitted the case for further
( No. 2 of investigation or to be dealt with summarily, the committing
1869 , s. 2. ]
Magistrate or Magistrates shall re -open the case and deal with
it in all respects as if the accused had not been committed for
trial and if the case be such that it may be dealt with summarily
by such Magistrate or Magistrates, he or they shall so deal
with it.
Examination of accused by Magistrate..
98. Notwithstanding anything in this ordinance, it shall be
lawful for a Magistrate, in any case in which he may deem it
expedient so to do, to examine an accused person as in this
section provided .
Examination ( 1. ) Upon the investigation or bearing by a Magistrate or
ofacist rede.by Magistrates of any case in which any person is accused of the
Magistrate
(No. 18 of commission ofany criininal offence, the Magistrate or Magistrates
1873, s. 2. )
( Indian Code may, if he or they shall think fit, from time to time at any stage
Act.x , 1872, of the inquiry, and without previously warning the defendant
8. 193.)
or accused, examine him , and put such questions to him as he
or they think necessary. (LXXI.))
Record of ( 2. ) Whenever any defendant or accused is so examined as
tion . examina- aforesaid,
such the whole of such examination including every
[ No. 18 of question put to him and every answer given by him shall , where
1873, s. 3. such defendant or accused shall or is about to be committed for