A.D. 1890.]
MAGISTRATES.
[No. 3.
685
if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the Magistrate by whom the information is heard and determined.
(2.) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the Magistrate present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be 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
16-76
dule: Form No. 5;
on his entering into a recognizance, with or without a surety or sureties, First Schedule: Form No. 5; at the discretion of the Magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided always that in every case in which a defendant is so discharged on recognizance as aforesaid, and does not afterwards appear at the time and place mentioned in the recognizance, the Magistrate then present shall certify on the back of the recognizance the non-appearance of the defendant, Form No. 7. and may declare the same to be forfeited in the manner hereinafter provided, and may also forthwith issue a warrant for the apprehension of the defendant.
19.--(1.) In any complaint or information or the proceedings thereon in which it is necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such
persons and to state the property to belong to the person so named and another or others, as the case may be; and whenever in any complaint or information, or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in manner aforesaid.
(2.) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences, or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, and fences, or of any reservoirs, conduits, sewers, drains, or other public works or property of whatsoever description
1 & 12 Vict. c. 43 s. 4.
Page 11
A.D. 1890.]
MAGISTRATES.
[No. 3.
685
if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the in- formation and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the Magistrate by whom the information is heard and determined.
(2.) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the Magistrate present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be 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 mean- fss time 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
16-76
dule: Form No. 5 ;
on his entering into a recognizance, with or without a surety or sureties, First Sche- at the discretion of the Magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned : Provided always that in every case in which a defendant is so discharged on recog- nizance as aforesaid, and does not afterwards appear at the time and place mentioned in the recognizance, the Magistrate then present shall certify on the back of the recognizance the non-appearance of the defend- Form No. 7. ant, and may declare the same to be forfeited in the manner hereinafter provided, and may also forthwith issue a warrant for the apprehension of the defendant.
19.--(1.) In any complaint or information or the proceedings there- on in which it is necessary to state the ownership of any property he- longing to or in the possession of partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such
persons and to state the property to belong to the person so named and another or others, as the case may be ; and whenever in any complaint or information. or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in manner aforesaid.
(2.) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences, or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, and fences, or of any reservoirs, conduits, sewers, drains, or other public works or property of whatsoever de-
Description
of property in complaint
of partners
or informa- tion.
1 & 12 Fict. c. 43 s. 4.
iPage 11
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