First Schedule.
Forms Nos. 15-18, 20 and 21.
Return by magistrate's order of property
taken from
defendant.
c. 49, s. 44.
14
(2) Where a sum is directed to be paid by instalments and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in pay- ment of all the instalments then remaining unpaid.
(3) A magistrate directing the payment of a sum or of an instalment of a sum may direct such payment to be made at such time and in such place and to such person as may be specified by the magistrate, and every person, not being the magistrates' clerk, to whom any such sum or instalment is paid shall as soon as may be account for and pay over the same to such clerk.
36. Where any property has been taken from a person charged before a magistrate with an offence punishable either on indictment or on summary conviction, a report shall be made by the police on the charge sheet to the magistrate of 42 & 43 Vict. the fact of such property having been taken from the accused or defendant and of the particulars thereof, and the magistrate may, if he is of opinion that the property or any portion there- of can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other
person as he may direct.
Prosecution and punish- ment of aider or abettor.
11 & 12 Vict. c. 43, s. 5.
(cf. No. 3 of 1865).
Rule as to cumulative sentences
for assault.
37. Every person who aids, abets, counsels or procures the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.
38. A magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed 42 & 43 Viet. on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section. shall be deemed to affect the provisions contained in section 86.
c. 49, s. 18.
Search war- rant for
thing stolen
obtained.
39. If information is given upon oath to any magistrate or justice of the peace that there is reasonable cause for sus- or unlawfully pecting that any thing stolen or unlawfully obtained is con- cealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any officer of police, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may em- power such officer, with such assistance as may be found necessary (such officer having previously made known such his authority), to use force for effecting such entry, whether by breaking open doors or otherwise; and if, on search there- upon made, any such thing is found, then to convey the same before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate, or otherwise to dispose thereof in some place of safety, and moreover to take into custody and carry before a magistrate every person found in such house or place who appears to have been privy to the de- posit of any such thing, knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.
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