243
10
Schedule.
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 place of security or to such other custody as the magistrate may think fit, or to discharge him on his entering into a recogniz- First ance, with or without a surety or sureties, at the discretion pored No. 5. of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided also that in every case where a defendant is discharged on recognizance as aforesaid and does not afterwards appear at the time and place mentioned therein, the magistrate then pre- sent shall certify on the back thereof the non-appearance of the defendant and may declare the same to be forfeited, and First may also forthwith issue a warrant for the apprehension of Schedule.
the defendant.
Form No. 7.
avoidance of summons or
25. Any warrant or summons issued by a magistrate Non- under this or any other Ordinance or statute shall not be avoided by reason of the magistrate who signed the same warrant by dying or ceasing to hold office.
death of magistrate.
42 & 43 Vict. c. 49, s. 37.
42 & 43 Vict.
26. A person taken into custody for an offence without Bail of a warrant shall be brought before a magistrate as soon as prac-arrested ticable after he is so taken into custody, and if it is not or will without not be practicable to bring him before a magistrate within warrant. forty-eight hours after he so taken into custody, a super- c. 49, s. 38. intendent or inspector of police or other officer in charge of any police station shall inquire into the case, and, except where the offence appears to such superintendent, inspector or offi- cer to be of a serious nature, shall discharge the prisoner, on his entering into a recognizance, with or without sureties, for a First reasonable amount, to appear before a magistrate at the day, Schedule. time and place mentioned therein.
Form No. 5,
27. The following provisions shall apply to proceedings Provisions before magistrales
as to
proceedings,
etc.
(1) the description of any offence in the words of the 11 & 12 Vict. Ordinance or statute or any order, by-law, regulation or other c. 43, s. 14; document creating the offence, or in similar words, shall be 42 & 43 Viet. sufficient in law;
(2) any exception, exemption, proviso, excuse or quali- fication, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;
(3) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same;
(4) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that
c. 49, s. 39.
+
11
a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person act- ing under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in the execution of a warrant of distress; and
(5) all goods forfeited by order of a magistrate may be sold in such manner as the magistrate may direct.
28. (1) In all proceedings under this Part the magistrate Minute of at the hearing shall take or cause to be taken in writing a full proceedings. minute, so far as circumstances permit, of the following Schedule.
matters:
(a) the nature of the complaint or information;
(b) the names of the complainant, informant or pro- secutor, and of the defendant, and of the respective witnesses on either side;
(c) the evidence or depositions of the witnesses;
(d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and
(e) the fines, if any, paid into court.
(2) The minute shall, immediately after the close of the case, be handed to the magistrates' clerk for safe custody.
First
Form No. 13.
c. 49, s. 29.
29.-(1) The magistrates' clerk shall keep a register of Register of the minutes or memoranda of all the convictions and orders cases.
the magistrate and of such other proceedings as are directed 42 & 43 Vict. by the rules in the Second Schedule to be registered, and shall Second keep the same in Form No. 60 in the First Schedule and with Schedule, the particulars prescribed in the said rules or form.
(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous con- viction for an offence when required to be proved against a person charged with another offence.
(5) The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.
(4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said Second Schedule.
(5) Every such register shall be open for inspection, with- out fee or reward, by a magistrate or by any person authoris- ed in that behalf by a magistrate or by the Governor or Colonial Secretary.
First
Schedule. Form No. 60.
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