CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 236

conviction

22.-(1) In every case of a

of a conviction where no Form of particular form of such conviction is given by the Ordinance and order. or statute creating the offence or regulating the prosecution 11 & 12 Vict. for the same, and in every case of a conviction upon any past c. 43, s. 17. Ordinance or statute, whether any particular form of First conviction is therein given or not, it shall be lawful for the Forms Nos. magistrate who so convicts to draw up his conviction in such 14-21. one of the forms of convictions in the First Schedule as may he applicable to such case or to the like effect.

Schedule.

(2) Where an order is made, and no particular form of order is given by the Ordinance or statute giving authority to make such order, and in every case of an order to be made under the authority of any past Ordinance or statute, whether any particular form of order is therein given or not, it shall be lawful for the magistrate by whom such order is to be made to First draw up the same in such one of the forms of orders in the Forms Nos. First Schedule as may be applicable to such case or to the like 22-32. effect.

Schedule.

declaration

of hand-

c. 49, s. 41.

23. In a proceeding before a magistrate, without pre- Proof by judice to any other mode of proof, service on a person of any of service of summons, notice, process or document required or authorised process and to be served, and the handwriting and seal of a magistrate or writing, other officer or person on any warrant, summons, notice, pro- etc. cess or document, may be proved by a solemn declaration 42 & 43 Vict. taken before a justice of the peace; and any declaration pur- First porting to be so taken shall, until the contrary is proved, be Schedule. sufficient proof of the statements contained therein, and shall Forms Nos. be received in evidence in any court or legal proceedings with- out proof of the signature or official character of the person or persons taking or signing the same.

24. (1) Every warrant to apprehend a defendant in order that he may answer to any complaint or information shall be under the hand and seal of the magistrate issuing the same, and may be directed either to any constable by name or generally to all the constables within the Colony.

(2) It shall state shortly the matter of the complaint or information on which it is founded, and shall name or other- wise describe as far as practicable the person against whom it has been issued, and it shall order the person to whom it is dir- ected to apprehend the defendant and to bring him before a magistrate to answer to the complaint or information, and to be further dealt with according to law.

(3) It shall not be necessary to make the warrant return- able at any particular time, but the same may remain in full force until it is executed.

(4) The warrant may be executed by apprehending the defendant at any place within the Colony or the waters there- of; in every case where the warrant is directed to all con- stables within the Colony, it shall be lawful for any constable to execute the warrant in like manner as if it were directed specially to such constable by name: Provided always that no objection shall be taken or allowed to any warrant to appre- hend a defendant so issued on any such complaint or informa- tion as aforesaid under or by virtue of this Ordinance for any alleged defect therein in substance or in form, or for any variance between it and the evidence adduced on the part of the complainant or informant; but if any such variance appears to the magistrate at the hearing to be such that the party ap- prehended has been thereby deceived or misled, it shall be

36 and 37.

Form and execution of 11 & 12 Vict. c. 43, s. 3.

warrant, etc.

242