A.D. 1890.]
MAGISTRATES.
[No. 3.
703
in obedience to such summons, then and in every such case any Magistrate may issue his warrant to apprehend the accused and cause him to be brought before a Magistrate to answer to the charge or complaint, and to be further dealt with according to law.
Form No 2.
(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.
63. In every case of felony or misdemeanor committed on the high seas, or in foreign parts, or in any creek, harbour, haven, or other place within the jurisdiction of the Admiralty for which an indictment may be preferred by the Attorney General, it shall be lawful for any Magistrate, if the accused resides or is supposed to reside or be within the Colony or the 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.
Warrant to apprehend for offence committed on high seas, etc. 11 & 12 Vic. c. 42 s. 2.
Warrant to apprehend where indictment is filed
64.-(1.) Where an indictment is filed by the Attorney General against any person who is then at large, and whether such person has been bound by recognizance to appear to answer to the same or not, the Registrar, on the application of the prosecutor or of any person on his behalf (if the person against whom the indictment has been filed has not already appeared and pleaded to the indictment), shall grant to him a certificate of such indictment having been filed.
accused is at large.
(2.) On the production of such certificate to a Magistrate, it shall be lawful for him, and he is hereby required, to issue his warrant to apprehend the accused and to cause him to be brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a Magistrate, the Magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall, without further inquiry or examination, commit him for trial or admit him to bail in manner hereinafter mentioned.
First Schedule: Form No. 3.
(3.) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a Magistrate, it shall be lawful for the Magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of the prison commanding him to detain the accused in his custody until by a writ of Habeas Corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.
A.D. 1890.]
MAGISTRATES.
[No. 3.
703
in obedience to such summons, then and in every such case any Magis- trate may issue his warrant to apprehend the accused and cause him to Form No 2. 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.
63. In every case of felony or misdemeanor committed on the high seas, or in foreign parts, or in any creek, harbour, haven, or other place within the jurisdiction of the Admiralty for which an indictment may be preferred by the Attorney General, it shall be lawful for any Magis- trate, if the accused resides or is supposed to reside or be within the Colony or the waters thereof, to issue is 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.
Warrant to
apprehend for offence
committed on
high seas, etc. 11 & 12 Vid.
c. 42 s. 2.
Warrant to apprehend where indict-
ment is filed
64.-(1.) Where an indictment is filed by the Attorney General against any person who is then at large, and whether such person has been bound by recognizance to appear to answer to the same or not, the Registrar, by Attorne on the application of the prosecutor or of any person on his behalf (if General and the person against whom the indictment has been filed has not already large. appeared and pleaded to the indictment), shall grant to him a certificate 1.'s 3. of such indictment having been filed.
accused is at
dule:
(2.) On the production of such certificate to a Magistrate, it shall be This is mand
and along. lawful for him, and he is hereby required, to issue his warrant to appre- First Sche- hend the accused and to cause him to be brought before him to be dealt Form No. 3. with according to law; and afterwards, if such person is apprehended and brought before a Magistrate, the Magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall, without further in- quiry or examination, commit him for trial or admit him to bail in manner hereinafter mentioned.
(3.) If the person against whom an indictment is so filed by the At- torney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a Magistrate, it shall be lawful for the Magistrate, and he is hereby required, on its being proved before himn upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of the prison commanding him to detain the accused in his custody until by at writ of Habeas Corpus he shall be removed therefrom for the
purpose being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.
of
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