CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 248

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Forms

without hard labour, for any term not exceeding fourteen days, First unless such sum, and all costs and charges of the distress, (the Schedule. amount thereof being ascertained and stated in the commit- Nos. 44 ment), shall be sooner paid.

and 58.

not exceed

65. (1) Where a fine adjudged by a conviction by a Costs where magistrate to be paid does not exceed two dollars, then, except fine does so far as the magistrate may think fit expressly to order two dollars. otherwise, an order shall not be made for payment by the 42 & 43 Vict. defendant to the complainant or informant of any costs; and c. 49, s. 8. the magistrate shall, except so far as he thinks fit expressly to order otherwise, direct all fees payable or paid by the com- plainant or informant to be remitted or repaid to him.

(2) The magistrate may also order the fine or any part thereof to be paid to the complainant or informant in or towards the payment of his costs.

(cf. s. 63).

PART III.

INDICTABLE OFFENCES.

being laid.

66.(1) In every case where a charge or complaint is Procedure on mnade to a magistrate that any person has committed or is information suspected to have committed any treason, felony or indictable 11 & 12 Vict. misdemeanor or other indictable offence over which the magis- c. 42, s. 1. trate has jurisdiction, then, if the accused is not then in custody, First it shall be lawful for the magistrate to issue his warrant to Schedule. apprehend the accused and to cause him to be brought before Form No. 3. a magistrate to answer to the charge or complaint and to be further dealt with according to law; but in any case it shall be lawful for the magistrate to whom the charge or complaint First is preferred, if he so thinks fit, instead of issuing his warrant Schedule. in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a magistrate at a time and place to be therein mentioned: and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place in obedience to such summons, then and in every such case any First magistrate may issue his warrant to apprehend the accused Schedule. and to cause him to be brought before a magistrate to answer to the charge or complaint and to be further dealt with according to law.

(2) Nothing in this section shall prevent a magistrate from issuing the warrant hereinbefore first mentioned at any time before or after the time mentioned in the summons for the appearance of the accused.

Form No. 1.

Form No. 2.

for offence

seas, etc.

67. In every case of felony or misdemeanor committed Warrant to on the high seas, or in foreign parts, or in any creek, harbour, apprehend haven or other place within the jurisdiction of the Admiralty committed for which an indictment may be preferred by the Attorney on high General, it shall be lawful for any magistrate, if the accused 11 & 12 Vict. resides or is supposed to reside or be within the Colony or the c. 42, s. 2. waters thereof, to issue his warrant to apprehend the accused and to cause him to be brought before a magistrate to answer to the charge and to be further dealt with according to law.