a
Schedule.
place of security or to such other custody as the magistrate First may think fit, or to discharge him on his entering into Form No. 5. recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided always that in every case in which a defendant is șO First discharged on recognizance as aforesaid and does not after- Schedule. wards appear at the time and place mentioned therein, the magistrate then present shall certify on the back thereof the non-appearance of the defendant, and may declare the same to be forfeited in the manner hereinafter provided, and may also forthwith issue a warrant for the apprehension of the defendant.
Form No. 7.
of property
tion.
18.--(1) In any complaint or information or the pro- Description eeedings thereon in which it is necessary to state the owner- of partners ship of any property belonging to or in the possession of part- in complaint ners, joint tenants, parceners or tenants in common, it shall or informa- be sufficient to name one of such persons and to state the pro- 11 & 12 Vict. perty to belong to the person so named and another or others, as the case may be; and whenever in any complaint or in- formation or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parce- ners or tenants in common, it shall be sufficient to describe them in manner aforesaid.
(2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts and fences, or of any reservoirs, conduits, sewers, drains or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Crown.
c. 43, s. 4.
pay money
19. In any case of a complaint upon which a magistrate Complaint may make an order for payment of money or otherwise, it shall for order to not be necessary that such complaint shall be in writing unless need not be it is required to be so by the Ordinance or statute upon which such complaint is framed.
in writing.
11 & 12 Vict. c. 43, s. 8.
time for complaint or
20. In any case of an offence other than an indictable Limit of offence where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect information. of such offence, such complaint shall be made or such informa- 11 & 12 Vict... tion laid within six months from the time when the matter of c. 43, s. 11. such complaint or information respectively arose.
21. No objection shall be taken or allowed to any com- Prohibition of objection plaint, information or summons for any alleged defect therein for want of in substance or in form, or for any variance between such form. complaint, information or summons and the evidence adduced 11 & 12 Vict. in support thereof, and the adjudicating magistrate shall in all c. 43, s. 1. cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of any offence of which he may appear to have been guilty; but if any such variance appears to the magistrate to be such that the party so summoned and appearing has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day.
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