1901_MAGISTRATES_ORDINANCE__1890 — Page 4

A.D. 1890.]

MAGISTRATES.

[No. 3.

679

intent to commit a felony; and the provisions of this Ordinance in relat- ion to the procedure before a Magistrate in such cases shall apply mutatis mutandis to cases before the Marine Magistrate..

9.-1.) In every case where a Magistrate may issue a warrant for the apprehension of any person, it shall in his discretion be lawful for a Justice of the Peace, on the application of a Police officer and on oath being made before him substantiating the matter of the information to his satisfaction, to issue such warrant in order that such person may be brought before a Magistrate to be dealt with according to law.

(2.) It shall be lawful for the Governor from time to time as occas- ion may require to direct that any two Justices of the Peace, sitting together, shall have the powers and jurisdiction that a Magistrate has by this Ordinance, and thereupon all the provisions of this Ordinance in relation to proceedings before a Magistrate shall apply mutatis mutan- dis to the proceedings before such Justices. Such direction shall name a place where the said Justices are to sit.

(3.) If any question arises as to the right of any person to exercise the office of a Magistrate, Marine Magistrate, or Justice of the Peace or of the right of any Justice of the Peace to act as a Magistrate under any appointment in pursuance of this section, the production of The Gazette nominating or appointing such person to exercise the office of Magistrate, Marine Magistrate, or Justice of the Peace or such Justice of the Peace to act as a Magistrate shall in all proceedings be deemed and held to be sufficient proof of such appointments respectively, and it shall not be necessary to produce any commission or appointment, or any oath, affidavit, or other document, in proof thereof.

Powers of

Justices of the

Pence, etc.

PART II

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

Institution of Proceedings and Hearing.

mons to de- fendant and

mode of ser-

vice thereof. 11 & 12 Viet.

10.-(1.) In every case where a complaint is made to or an information` Issue of sum- laid before a Magistrate in respect of which the Magistrate has power to convict summarily or to make an order for the payment of money or otherwise, it shall be lawful for the Magistrate to issue his summons to the person against whom the complaint has been made or information laid, stating shortly the matter of the complaint or information and re- quiring him to appear at a certain time and place before a Magistrate to answer to the complaint or information, and to be further dealt with according to law.

(2.) Every such summons shall be served by a constable, usher, or other officer in a Magistrate's Court on the person to whom it is so directed

. 43 s. 1. dule: Form No. 1.

First Sche-

!