CO129-508-11 Copies of Ordinances and amendments with relating correspondence 17-12-1927 - 17-7-1928 — Page 83

85

Amendment

2

(d) The following sub-section is added at the end thereof and is numbered paragraph (3) :-

(3) The magistrate may order the defen- dant in default of compliance with any order made under this section to be imprisoned without hard labour for any term not exceed- ing six months.

6. Section 32 of the Magistrates Ordinance, 1890, of Ordinance is amended by the substitution of the word " twenty-

five" for the word "five" in the first line thereof.

No. 3 of

1890, s. 32.

Repeal of

Ordinance

No. 3 of 1890,

s. 49.

Repeal of

Ordinance

No. 3 of 1890,

s. 78, and

substitution of new

section.

Insertion

of new

section 78A

7. Section 49 of the Magistrates Ordinance, 1890, is repealed.

8. Section 78 of the Magistrates Ordinance, 1890, is repealed and the following section is substituted therefor :

Depositions

and

exhibits

78.-(1) The following documents, together with a certified copy thereof, shall, as soon after as may be after the committal of the accused committal. person, be transmitted by the magistrate to the Crown Solicitor for the use of the Attorney General, that is to say, the deposi- tions of the witnesses, the documentary exhibits thereto, the statement of the accused person, and the record of his evidence, if any, and the recognizances entered into.

of

offence

(2) A certified copy of all such documents shall, either at the same time or as soon as possible thereafter, be transmitted by the magistrate to the Registrar for the use of the court.

(3) All exhibits other than documentary exhibits, shall, unless the magistrate other- wise directs, be taken charge of by the police, and shall be produced by them at the trial.

(4) At any time before the first day of the criminal session of the court at which any accused committed for trial is to be tried the accused or his counsel may require from the magistrate's clerk copies of the depositions together with copies of any such statements or evidence as aforesaid, on payment of fifteen cents for each folio of seventy-two words.

9. The following section is inserted immediately after section 78 of the Magistrates Ordinance, 1890:- in Ordinance Procedure 78A. (1) When a corporation is charged, No. 3 of 1890. on charge whether alone or jointly with some other indictable person, with an indictable offence, the magis- trate may if he be of the opinion that the against cor-evidence offered on the part of the prosecu- poration.

tion is sufficient to put the accused corpora- tion upon trial, order the documents specified in section 78 (1) which relate to the case to be transmitted to the Crown Solicitor for the use of the Attorney General and such order shall be deemed to be a committal for trial.

15 & 16

Geo. 5, c. 86, s. 33.

(2) If the corporation appears before the magistrate by a representative appointed in writing by the corporation to represent it for the

purpose of this section, any question or statement required by any enactment to be put or made to the accused may be put or made to such representative, and any such question may be answered on behalf of the corporation by such representative, but if the corporation does not so appear it shall not be necessary to put or make the questions or statements, and the magistrate may, notwith- standing, make an order under this section.