Repeal and Prolaccent of
Keedan 20,
4
(6) by inserting after subsection (4) the following new subsection-
"(5) Subject to subsection (4), if at the time and place appointed for the hearing of a complaint or information against a corporation only the complainant or informant appears, the magistrate may, it he is satisfied that a summons was served on the corporation a reasonable time before the hearing, order a plea of not guilty to be entered and may thereupon procced to bear and determine the case as though the corporation had duly entered a plea of not guilty."*. Section 20 of the principal Ordinance is repealed and replaced by the following
7.
**Adjporament
ot hearing and procedure
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20. (1) Before or during the hearing of any complaint or information, a magistrate may adjourn the hearing to such time and place and on such conditions as he thinks fit.
(2) Where the hearing is adjourned-
(4) by reason of the non-appearance of the complainant or informant, either personally or by counse), and the magistrate is satisfied that the complainant or informant has had adequate notice of the hearing, he may order that the complainant or informant shall pay to the defendant such costs, not exceeding $2,000, as the magistrate may think fit; or (b) on the application of the complainant or inform- ant, either personally or by counsel, and the magistrate is satisfied that the application is occa- sioned by same default, neglect or omission on the part of the complainant, informant or his counsel. as the case may be, he may order that the com- plainant or informant shall pay to the defendant such costs, not exceeding $2,000, as the magistrate may think AL
(3) When adjourning the hearing of a complaint or information, the magistrate may admit the defendant to bail, with or without surelics, or commit him to prison or some other place of security or to such other custody as the magistrate may think fic
(4) Where a defendant who has been admitted to bail does not appear at the time and place appointed for the adjourned hearing, a magistrate may declare any recognizance to be forfeited in manner hereinafter provided and may issue a warrant for the arrest of the deferidant,
(5) A magistrate may, on being satisfied that a defendant who is accused of an offence triable summarily is by reason of illness or accident unable to appear personally before a magistrate
(2) visit the defendant and in his presence exercise any of the powers conferred by subsection (1) or (3); or (b) exercise such powers in the absence of the defendant if in the opinion of the magistrate, it is not prac- ticable for him to visit the defendant.
(6) If, at the time and place to which the hearing or further hearing is so adjourned--
(a) the complainant or informant does not appear, either personally or by counsel, a magistrate may
Q.
S
dismiss the complaint or information on such terms as he may think fit. including a term that the complainant or informant shall pay to the defendant such costs, not exceeding $2,000, as the magistrale may think fit; or
(5) The defendant does not appear, either personally
or by counsel, the magistrate may-
(issue a warrant for the arrest of the defendant; (ii) declare any recognizance to be forfeited; and (i) adjourn the hearing for such time as be may think fit.".
Section 23 of the principal Ordinance is amended- (a) by deleting subsection (2) and substituting the following
"(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate to be such that the defendant has been thereby deceived or misled the mag- [strate may-n
(a) adjourn the hearing of the case and if he is satisfied that the variance is due to default or neglect on the part of the complainant, informant or his counsel, as the case may be, he may order that the com- plainant or informant shall pay to the defendant such Costs, pot exceeding $2,000, as the magistrate may think fit; and
(8) commit the defendant to prison or some place of security or to such other custody as the magistrate may think Rt, or admit him to bail, with or without surety or sureties.”; and
(b) by inserting after subsection (2) the following new subsection-
“(3) Where a defendant admitted to bail under subsection (2)(b) does not appear at the time and place appointed for the adjourned hearing, a magistrate may declare any re cognizance to be forfeited and issue a warrant for the orcest of the defendant.".
Amendment of sexcon 23.
9. Section 33 of the principal Ordinance is amended by deleting Agadment of paragraph (4) and substituting the following-
kr
221, bub.
section 3).
(a) the provisions of the Indictment Rules which relate to
the description of an offence in an indictment;",
10. Section 68 of the principal Ordinance is amended by deleting Amendment of $1,000
* 6 and substituting the following-
i-
$1,000 $5,000
12
ני
$5,000
..
31
** 12
M
styllum 68.
11. Section 69(1) of the principal Ordinance is amended by deleting Amendment of "as to him may seem just and reasonable in that behalf, but not in any section 69. case cxceeding five hundred dollars; and in any case where the magistrate. instead of convicting or making an order as aforesaid, dismisses the complaint or information, it shall be lawful for him, in and by his order of dismissal, to award and order that the complainant or informant respec-
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