193905-1932-Supplementary-Bills-read-a-first-time--Summary-Offences-Registration-of-United-Kingdom-Patents-Protection-of-Women-and-Girls-Amendment-Magistrates — Page 34

1811

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.

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 c. 49, s. 29. 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 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.

Second

First Schedule. Forin No. 60.