Substitution
11.
G
by the evidence or of any offence which under the pro- visions of paragraph (c) of sub-section (2) of section 10 could have been tried therewith.
(2) Whenever in the opinion of the magistrate there is a defect of substance or there has been any such variance as aforesaid he shall make the necessary amend. ment in the coroplaint, information or summons and shall read and explain the same to the defendant.
(3) In every case falling within the preceding sub-section parlies shall be allowed to recall and examine on matters relevant to such amendment any witness who may have been examined and to call any further witness: Provided that if the amendment under sub-section (3) is made after the case for the complainant or informant is closed no further witness may be called by the com. plainant or informant other than such and on such matters only as it would, notwithstanding the provisions of thin section be permissible to call and put in evidence in rebuttal.
(4) In any case falling within sub-section (2) the magistrate shall grant any adjournment which may be reasonably necessary to enable the parties to exercise their rights under sub-section (8) or to enable the defen- dant to reconsider his defence.
Section 30 of the principal Ordinance is hereby repealed und
of new sccnon the following substituted therefor :- for section 30
of the principal
Ordinance,
"Power to
tional release nt offenders. 7 Edw. 7. C.17, 5.1
30. (1) Where any person is charged before a permit condi magistrate with an offence punishable on summary con- viction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged or to the trivial nature of the offanco or to the extenuating circurostances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to release the offender on probation. the magistrate may without proceeding to conviction make an order either-
(1), (3), (4) [d. Ord. No. g of 1899, 4.96, and No. 32
of 1935. *-59-]
First Schedule. Fortar
Nos. 15 * 45-
Forms
Nos. 5 & 21.
(a) dismissing the information or charge; or
(b) discharging the offender conditionally on his entering into a recognizance, with or without sureties, in a Bum not greater than five hundred dollars, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.
(2) The magistrate may, where he makes anı order under this section, further order that the offender shall pay such costs of the proceedings or such damages
12.
for injury or compensation for loss (not exceeding five hundred dollars of, if a higher limit is fixed by any enactment rolating to the offence, that higher limit) as he thinks reasonable, or both such costs and damages or compensation.
(8) An order made by a magistrate under this section shall, for the purpose of revesting or restoring stolen property and of enabling the magistrate to make ordera sa to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution or delivery, have the like effect as a conviction.
(4) The magistrate may order the defendant in default of compliance with any order made under this section to be imprisoned without hard labour for any term not exceeding six months. **
Section 32 of the principal Ordinance is hereby amended by Amendment the substitution of the words "one hundred" for the words "twenty of section ga five" in the second line thereof,
13.
Sub-section (2) of section 34 of the principal Ordinance hereby amended-
of the principal Ordinance.
is Amendment
of sub- section (1)
of the
(a) by the insertion of the word "twenty" before the word of section 34 "five" in the fourth line thereof; and
(8) by the substitution of the words "one thousand" for the principal
Ordinance. worda two hundred" in the last line thereof.
14. Section 98 of the principal Ordinance is bereby amended by Amendment the insertion of the word "special" before the word "magistrate" in of section 38
of the the first line thereof.
principal Ordinance.
15. Sub-section (2) of section 40 of the principal Ordinance is Amendment hereby amended by the substitution of the words "one thousand" for of no- the words "two hundred and fifty" in the penultimate line thereof. (2)
of pecnog 40 of the
principal Ordinance,
16. The following section is hereby substitutor for section 49 of Subarita çina the principal Ordinance :-
of new section for section 43 **Power to
make orders
with respect
in possession of police.
to property
49. (1) Where any property has come into the of the possession of the police in connection with any criminal principal
Ordinance. offence whether committed in the Colony or not, EL magistrata may-
(a) on application by the police or by a claimant of the property make an order for the delivery of the property to the person appearing to the magistrate to be the owner thereof; or
(b) on application by the police if the owner is unknown or cannot be traced and such property is perishable or its retention in police custody is likely to involve unreasonable expense or inconvenience make an order either that such property be sold or if sale iş