CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 232

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then and in every such case, if it is proved upon oath to a magistrate that the summons was duly served on such party a reasonable time before the time so appointed for his appea- rance as aforesaid, it shall be lawful for the magistrate to proceed ex parte to the hearing of the complaint or informa- tion, and to adjudicate thereon as fully and effectually to all intents and purposes as if such party had personally appeared before him in obedience to the summons.

complaint

informa-

?

10.—(1) Every complaint and every information under Manner of this Part, unless some Ordinance or statute otherwise requires, making may respectively be made or laid without any oath being made or laying of the truth thereof; except in case of an information where tion. the magistrate receiving the same thereupon issues his warrant 11 & 12 Vict. in the first instance to apprehend the defendant as aforesaid; and in every such case where the magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness on his behalf, before any such warrant shall be issued.

(2) Every such complaint shall be for one matter of com- plaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences.

(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf.

c. 43, s. 10.

hearing.

c. 43, s. 12.

11-(1) The room or place in which a magistrate sits Place and to hear and try any complaint or information shall be deemed manner of an open and public court, to which the public generally may 11 & 12 Vict. have access, so far as the same can conveniently contain them, unless the magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.

(2) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto and to have the witnesses examined and cross-examined by counsel on his behalf; and every com- plainant or informant in any such case shall be at liberty to conduct the complaint or information respectively and to have the witnesses examined and cross-examined by counsel on his behalf.

and

and

11 & 12 Vict.

12.--(1) If, at the time and place appointed in and by Non- the summons aforesaid for hearing and determining the appearance complaint or information as aforesaid, the defendant against appearance whom the same has been made or laid does not appear when of parties, called, the constable or officer who has served him with the procedure summons in that behalf shall then declare upon oath in what thereon. manner he served the summons, and if it appears, to the satis- c. 43, s. 13. faction of the magistrate, that he duly served the summons, the magistrate may proceed to hear and determine the case in the absence of the defendent, or the magistrate, on the non-appearance of the defendant as aforesaid, may issue his First warrant in manner hereinbefore directed, and shall adjourn Form No. 12. the hearing of the complaint or information until the defendant is apprehended: and when the defendant is afterwards appre- hended under the warrant, he shall be brought before a magis- trate, who shall thereupon either by his warrant commit the defendant to prison or some other place of security or, if he thinks fit, verbally to the custody of the police officer who

Schedule.