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Hearing may- be adjourned in discretion of
Court.
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But if any variance between the charge and the evidence appears to the Court to be such that the accused has been thereby deceived or misled, the Court may adjourn the hearing. Adjournment.
320. At any time before or during the hearing of the charge the Court may, in its discretion, for any good cause recorded in the minutes of proceedings, adjourn the hearing,
An adjournment ordered for any cause shall be made to a certain time and place, to be at the time of the adjournment appointed and stated in the presence and hearing of the parties or their respective counsel or attorneys.
Custody during During the period of adjournment the Court may in its adjournment. discretion, according to the nature and circumstances of each case, either suffer the accused to go at large or commit him by warrant (Form 44.) to such prison or other place of security, or to such other safe custody, as the Court thinks fit, or may discharge him on his entering into a recognizance (Form 45.), with or without a surety or sureties, at the discretion of the Court, for his appearance at the time and place of adjournment. A notice of each recognizance (Form 46.) is at the same time to be given to each person bound thereby.
Conviction or dismissal.
Minute.
Certificate.
On conviction,
If at any time and place of adjournment of a hearing which has once begun, the accused does not appear in person or by counsel or attorney, the Court may in its discretion proceed with the further hearing as if the accused were present.
Decision.
321. The Court having heard what each party has to say as aforesaid, and the witnesses, and the evidence adduced, shall consider the whole matter and finally determine the same, and shall either convict the accused or dismiss the charge.
Conviction.
322. In case of conviction a minute thereof shall be made, and the conviction (Forms 48., 49.,) shall afterwards be drawn up in form to be preserved among the records of the Court.
Dismissal.
323. In case of dismissal of the charge the Court may, if it thinks fit, on being requested so to do, make an order of dismissal (Form 55.) and give the accused a certificate thereof (Form 56.), which certificate shall on being produced, without further proof, be a bar to any subsequent charge for the same matter against the same person.
Costs.
324. In case of conviction the Court may, in and by the con- viction, award and order that the person convicted do pay to
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the prosecutor such costs as seem just and reasonable, to be specified in the conviction.
325. In case of dismissal the Court may, in and by the order On dismissal. of dismissal, award and order that the prosecutor do pay to the accused such costs as seem just and reasonable, to be speci- fied in the order of dismissal.
Execution of Conviction or Order of Dismissal.
326. Where a conviction does not adjudge the payment of Imprisonment. money, but adjudges that the offender be imprisoned, the Court shall issue a warrant of comunitment (Form 50.) accordingly.
327. Where a conviction or order of dismissal adjudges any Levying of money to be paid by any person convicted or any prosecutor for penalty or penalty, compensation, costs, charges, or otherwise, the money other moneys. to be paid may be levied on the goods of the person adjudged to pay the same by distress and sale under warrant (Forms 52., 57.)
328. If the officer having the execution of the warrant Commitment returns (Form 53.) that he could find no goods or no suffi. for want of cient goods whereon to levy the money mentioned in the distress, warrant, together with costs, the Court may by warrant (Forms 54, 58.,) commit the person adjudged to make the pay- ment to prison for not more than two months unless the money adjudged to be paid, and all costs and charges of the distress, commitment, and conveyance to prison, to be specified in the warrant of commitment, are sooner paid.
329. Where it appears to the Court that such distress and Commitment sale of goods as aforesaid would be ruinous to the person ordered in lien of
to pay the money and his family, or (by confession of that person or otherwise) that he has no goods whereon a distress may be levied, then the Court, if it thinks fit, may, instead of issuing a warrant of distress, commit him to prison, with or without hard labour, for not more than two months, unless the money adjudged to be paid, and all costs and charges of the commitment and conveyance to prison, to be specified in the warrant of commit- ment, are sooner paid (Form 51.).
distress.
distress.
330. Any person against whom a warrant of distress issues may Payment or pay or tender to the officer having the execution of the warrant tender before the sum therein mentioned, together with the amount of the expenses of the distress up to the time of such payment or tender, and thereupon the officer shall cease to execute the
same.
331. Any person committed for non-payment may pay the sum Payment after mentioned in the warrant of commitment, together with the commitment.
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