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6
proper form under his hand and seal, and he shall cause the same to be lodged with the magistrates' clerk, who shall re- gister the same as hereinafter provided.
(4) If the magistrate dismisses the complaint or informa- tion, it shall be lawful for him, if he thinks fit, on being requir- ed to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf First
Schedule
a certificate thereof, which said certificate shall be a bar to any Form No. 39. subsequent complaint or information for the same matters respectively against the same party.
ment of
thereon.
14.--(1) Before or during the hearing of any complaint Adjourn or information as aforesaid, it shall be lawful for a magistrate hearing and in his discretion to adjourn the hearing of the same to a certain procedure time and place to be then appointed and stated in the presence 11 & 12 Vict. and hearing of the party or parties, or their respective counsel, c. 43, s. 16. and in the meantime the magistrate granting and making such adjournment may suffer the defendant to go at large, or may commit him to prison or some other place of security or to such other safe custody as the magistrate may think fit, or may discharge the defendant on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing or further hearing is adjourned: Provided always that in every case where a defendant is dis- First charged on recognizance as aforesaid, and does not afterwards Forms appear at the time and place mentioned in the recognizance, Nos. 4 and 5. the magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant, and declare the same to be forfeited in manner hereinafter provid- Form No. 7. ed, and may forthwith issue is warrant for the apprenhension of the defendant.
may
(2) If, at the time and place to which the hearing or further hearing is so adjourned, the complainant or informant does not appear, either personally or by counsel, the magistrate then present may dismiss the complaint or information, with or without costs, as to the magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not ap- pear, either personally or by counsel, the magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think re- quisite.
General.
Schedule.
First Schedule.
15. (1) If it is made to appear to a magistrate, by the Provisions oath of any credible person, that any person within the Colony as to
witnesses.
is likely to give material evidence on behalf of the complainant 11 & 12 Vict. or informant or defendant, and will not voluntarily appear for €. 43, s. 7. the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and First appear at a time and place mentioned in the summons before Schedule. a magistrate to testify what he knows concerning the matter of the complaint or information.
(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such
Form No. 8.
person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the magistrate, necessary) was paid or tendered to him for his costs or expen- ses in that behalf, it shall be lawful for the magistrate before First whom such person should have appeared to issue a warrant, Form No. 9. under his hand and seal, to bring and have such person at a time and place to be therein mentioned before a magistrate to testify as aforesaid.
Schedule.
Schedule.
(3) If the magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give First evidence without being compelled to do so, then instead of Form No. 10. issuing a summons, it shall be lawful for him to issue his warrant in the first instance.
as to witness
be sworn
(4) If any person having come before a magistrate Provisions whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise shall refuse retusing to to be sworn or having been sworn shall without just excuse or answer. refuse to answer such questions as shall be put to him con- First cerning the premises, the magistrate may, by warrant under Schedule. his hand and seal, order him to be imprisoned, without hard Form No. 11. labour, for any time not exceeding two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding twenty dollars.
order
production
inents.
16. The powers contained in sections 15 and 72 enabling Power to a magistrate to issue a summons to any witness to attend to give evidence before a magistrate shall be deemed to include of docu. the power to summon and require a witness to produce to such 4 & 5 Geo. 5, magistrate books, plans, papers, documents, articles, goods c. 58, s. 29. and things likely to be material evidence on the hearing of any charge, information or complaint, and the provisions of those sections relating to the neglect or refusal of a witness, without just excuse, to attend to give evidence, or to be or to give evidence, shall apply accordingly, and a magistrate Formis shall have power to vary or add to the forms in the First Nos. 8, 9. Schedule accordingly.
sworn,
First Schedule.
10 and 11.
between
17. (1) In every case of an information for any offence Variance punishable on summary conviction any variance between the information information and the evidence adduced in support thereof as and evidence. to the time at which the offence or act is alleged to have been 11 & 12 Vict. committed shall not be deemed material, if it is proved that 43, s. 9. such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place
in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by whom the information is heard and determined.
(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 present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit. to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some
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