2.67
31
if so requested by the complainant, adjourn the proceedings in order to enable him to instruct counsel on his behalf;
(b) before making any order under sub-section (2) the magistrate shall first clearly inform the witness of the specific words which appear to the said magistrate to constitute the false testimony and shall give the witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and
(c) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 62.
non-payment
95. Whenever a magistrate awards a pecuniary penalty Imprison- or amends for any offence under the Summary Offences Ordin- ment for ance, 1932, and the same is not forthwith paid, the magistrate of fine under may commit the offender to prison, with or without hard Ordinance. labour, in accordance with the scale in section 62.
of articles in certain
96. Whenever any person is found by the police hawking Forfeiture without a licence, or committing any offence against any Ordin- ance relating to markets, or causing any obstruction by hawk- cases. ing in a public thoroughfare, the police are hereby empowered to convey or cause to be conveyed all the articles being hawked and sold before a magistrate, who shall thereupon have power, on conviction of the offender, to order the forfeiture of the said articles or any of them, in addition to or substitution for any other fine or punishment which he may by law impose.
Bail.
97.-(1) No magistrate or justice of the peace shall admit Prosions any person to bail for treason or murder, nor shall such person relating to be admitted to bail except by order of a judge.
bail
(2) Where a person is charged with felony, or with assault with intent to commit a felony, or with an attempt to commit a felony, or with obtaining or attempting to obtain property by false pretences, or with a misdemeanor in receiving stolen property or property obtained by false pretences, or with perjury or subornation of perjury, or with concealing the birth of a child by secret burying or otherwise, or with wilful or indecent exposure of the person, or with riot or assault upon a police officer in the execution of his duty or upon any person acting in his aid, or with an assault in pursuance of a con- spiracy to raise the rate of wages, a magistrate may in his discretion admit the accused to bail, on his procuring or producing such surety or sureties as, in the opinion of the magistrate, will be sufficient to ensure the appearance of the accused at the time and place when and where he is to be tried for such offence; and thereupon the magistrate shall take the recognizance of the accused and his surety or sureties con- First ditioned for the appearance of the accused at the time and m place of trial, and that he will then surrender and take his trial Nos. 78 and will not depart the court without leave.
Schedule.
and 79.
35
(3) Where a person is charged with an indictable mis- demeanor other than those mentioned in sub-section (2), he shall be entitled to be admitted to bail in the manner mentioned in the said sub-section.
(4) It shall be lawful for a magistrate, on issuing a warrant for the apprehension of any person charged with a bailable offence, to certify on the warrant his consent to the accused being bailed, and thereupon it shall be lawful for an inspector of police to admit the accused to bail, taking his recognizance and that of his surety or sureties, if any, conditioned for the appearance of the accused at the time and place of hearing and that he will then surrender and take his trial and will not depart the court without leave.
(5) In every case where a person charged with any bail- able indictable offence is committed to prison to take his trial for the same before the court, it shall be lawful, at any time afterwards and before the first day of the criminal session at which he is to be tried or before the day to which such session is adjourned, for the magistrate who has signed the warrant for his commitment, in his discretion, to admit the accused to bail in manner aforesaid; or if the committing magistrate is of opinion that for any of the offences mentioned in sub- section (2) the accused ought to be admitted to bail, such magistrate shall, in such case and in every other case of a misdemeanor committed for trial before the court, certify on First the warrant of commitment his consent to the accused heing scre bailed, stating also the amount of bail which ought to be No. 80. required and whether with a surety or sureties; and it shall be lawful for a magistrate or for the magistrates' clerk, or for a justice of the peace attending at or visiting the prison where the accused is in custody, on production of such certificate, to admit the accused to bail in manner aforesaid,
(6) In every case where the accused in custody is admitted
to bail by a magistrate other than the committing magistrate or by a justice of the peace as aforesaid, such magistrate or justice of the peace shall forthwith transmit the recognizance of bail to the committing magistrate to be transmitted with the depositions.
(7) Where two magistrates sit together either of them may exercise the powers hereinbefore mentioned.
Schedule.
where
prison when
98. (1) In every case where a magistrate admits to bail Warrant of any person who is then in prison charged with the offence for deliverance which he is so admitted to bail, the magistrate shall send to or accused is in cause to be lodged with the Superintendent of Prisons a war- bail granted. rant of deliverance, under his hand and seal, requiring the 11 & 12 Viet. said Superintendent to discharge the person so admitted to bail. c. 42, s. 24. if he is detained for no other offence, and, on such warrant of First deliverance Leing delivered to or lodged with the said Super- Form intendent, he shall forthwith obey the same.
FLISt.
is
(2) Where, however, the bail of the person in taken by the magistrates' clerk or a justice of the peace in pursuance of section 97 (5), a written certificate, signed by such magistrates' clerk or justice, that the bail has been duly given shall be a good authority to the said Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.
Schedule.
No. 81.
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