232
cf. Ord. 31 of 1911.
9. 39 B (14).
and the
Prisons
Ordinance, 1932, ss. 2 and 3.
Saving of special procedure.
Use of forms.
First Schedule.
Police magistrates.
Marine
() "Prison" includes any place or building or portion of a building set apart, or hereafter to be set apart, for the purpose of a prison under any Ordinance relating to prisons.
(m) The Registrar' means the Registrar of the Supreme Court.
(n) "Respondent" means the opposite party whose in- terest conflicts with the interest of any person appealing within the meaning of section 100 or section 105.
(o) "Sum adjudged to be paid by a conviction" and sum adjudged to be paid by an order", respectively, include any costs adjudged to be paid by the conviction or order, as the case may be, of which the amount is ascertained by such conviction or order.
3. Nothing in this Ordinance shall affect any special pro- cedure provided in any Ordinance not hereby repealed.
4. (1) The forms in the First Schedule or forms to the like effect, with such variations or additions as circumstances may require, shall be deemed good, valid and sufficient in law.
(2) Reference to the forms in the said Schedule is made in connexion with the subjects to which they respectively relate by the insertion in the margin of references to the said forms.
PART I.
CONSTITUTION OF MAGISTRATES,
5.-(1) There shall be either one or more magistrates, who shall be justices of the peace by virtue of their office, and shall have and exercise all such powers and jurisdiction as were vested in police magistrates before the commencement of this Ordinance, except as altered or repealed by this or any other Ordinance; and whenever by any past Ordinance or statute in force in the Colony any proceeding, act or thing is authorised to be taken or done by a justice or justices of the peace, the same may be taken or done by one magistrate.
(2) The Governor may appoint magistrates from time to time and any such magistrate so appointed shall be capable of exercising all the powers and jurisdiction of a magistrate even though he has been appointed to some other office sub- sequently to his appointment as such magistrate.
6. The Harbour Master, the Deputy Harbour Master and magistrates. the Assistant Harbour Master shall each of them be a marine magistrate, who, without prejudice to any other jurisdiction, power or authority possessed by a marine magistrate, shall have the power and authority of a magistrate to hear and determine cases of assault and assault and battery where there is no intent to commit a felony: and the provisions of this Ordinance in relation to the procedure before a magistrate in such cases shall apply mutatis mutandis to cases before a marine magistrate.
Powers of justices of the peace, etc.
7.--(1) In every case where a magistrate may issue a warrant for the apprehension of any person, it shall be lawful for a justice of the peace, on the application of a police officer and on oath being made before him substantiating the matter of the information to his satisfaction, to issue such warrant in order that such person may be brought before a magistrate to be dealt with according to law.
2?1
W
3
(2) shall be lawful for the Governor as occasion may require to direct that any two justices of the peace, sitting together, shall have the powers and jurisdiction that a magis- trate has by this Ordinance, and thereupon all the provisions of this or any other enactment relating to proceedings before a magistrate shall apply mutatis mutandis to the proceedings before such justices. Such direction shall name a place where the said justices are to sit.
PART II.
PROCEDURE IN RESPECT OF SUMMARY OFFENCES.
defendant
thereof.
8.-(1) In every case where a complaint is made to or Issue of an information laid before a magistrate in respect of which summons to the magistrate has power to convict summarily or to make an and mode order for the payment of money or otherwise, it shall be of service lawful for the magistrate to issue his summons to the person 11 & 12 Vict. against whom the complaint has been made or information c. 43, s. 1. laid, stating shortly the matter of the complaint or information and requiring him to appear at a certain time and place he- Schedule, fore a magistrate to answer to the complaint or information Form No. 1. and to be further dealt with according to law.
(2) Every such summons shall be served by a constable, usher or other officer in a magistrate's court on the person to whom it is so directed by delivering the same to him personally or by leaving the same with some person for him at his last or most usual place of abode; and the constable or other officer who serves the same shall attend before a magistrate at the time and place mentioned in the summons to depose, if necessary, to the service of the summons: Provided always that nothing herein contained shall oblige a magistrate to issue a summons in any case where the defendant appears voluntarily or upon his recognizance or is in the custody of the police or charged on the charge sheet, and that it shall be lawful for a magistrate in any such event to hear and determine the case in all respects as if the defendant had appeared answer to a summons.
First
case of
or in first
9.-(1) If the person so served with a summons does not Issue of appear before a magistrate at the time and place mentioned warrant in in the summons, and it is made to appear to the magistrate disobedience by oath that the summons was so served within what is to summons deemed by the magistrate to be a reasonable time before the instance, time therein appointed for appearing to the same, then it shall be lawful for the magistrate to issue his warrant to First apprehend the person so summoned, and to bring such person Schedule z before him or another magistrate to answer to the said com- plaint or information and to be further dealt with according to law; or, on such information being laid as aforesaid, the magistrate before whom the information has been laid may, on oath being made before him substantiating the matter of the information to his satisfaction, instead of issuing such summons as aforesaid, issue in the first instance his warrant for apprehending the person against whom the information has been laid, and for bringing him before a magistrate to First answer to the said information and to be further dealt with Form No. 3. according to law.
(2) In any case where a summons is so issued as aforesaid, if, on the day and at the place appointed in and by the sum- mnons for the appearance of the party so summoned, such party fails to appear accordingly in obedience to the summons,
Schedule.
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