has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a cer- tain time and place before a magistrate, of which said order the complainant or informant shall have due notice.
(2) If, at the time and place so appointed, the defendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before a magistrate by virtue of any warrant, then, if the complainant or informant, having had such notice as aforesaid, does not appear by himself or his counsel, the magistrate shall dismiss the complaint or in- formation, unless for some reason he thinks proper to adjourn the hearing of the same unto some other day, on such terms as he may think fit, in which case he may commit the defendant in the meantime to prison or some other place of security or to such custody as the magistrate may think fit, or may discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magis- Schedule. trate, conditioned for his appearance at the time and place to Form No. 5. which the hearing is so adjourned.
First
Form No. 7.
(3) If the defendant does not afterwards appear at the time and place mentioned in the recognizance, the magistrate First then present shall certify on the back of the recognizance the Schedule. non-appearance of the defendant, and may declare the same to be forfeited in manner hereinafter provided, and may also issue his warrant for the apprehension of the defendant.
(4) If both parties appear, either personally or by their respective counsel, before a magistrate who is to hear and determine the complaint or information, then the magistrate shall proceed to hear and determine the same.
11 & 12 Vict.
13.--(1) Where the defendant is present at the hearing Proceedings the substance of the complaint or information shall be stated at hearing. to him, and he shall be asked if he has any cause to show c. 43, s. 14. why he should not be convicted or why an order should not be made against him, as the case may be, and if he thereupon admits the truth of the complaint or information and shows no cause or no sufficient cause why he should not be con- victed or why an order should not be made against him, as the case may be, then the magistrate shall convict him or make an order against him accordingly; but if he does not admit the truth of the complaint or information as aforesaid, then the magistrate shall proceed to hear upon oath the complainant or informant and such witnesses as may be produced in support of the complaint or information, and also to hear the defendant and such evidence as may be adduced in defence; and also to hear and examine such other witnesses as the complainant or informant may examine in reply, if the defendant or his counsel has examined any wit- nesses or given any evidence other than as to the defendant's general character.
(2) The magistrate, having heard what each party has to say and the witnesses and evidence so adduced, shall con- sider the whole matter and determine the same, and shall con- vict or make an order against the defendant or dismiss the Schedule. complaint or information, as the case may be.
(3) If the magistrate convicts the defendant or makes an order against him, a minute or memorandum thereof shall then be made (for which no fee shall be paid), and the conviction or order shall afterwards be drawn up by the magistrate in
First
Form No. 25.
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