A.D. 1890.
MAGISTRATES,
[No. 3.
11 c. 43 s. 10.
681
made of the truth thereof; except in case of an information where the Magistrate receiving the same thereupon issues his warrant in the first instance to apprehend the defendant as aforesaid; and in every such case where the Magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness or witnesses on his behalf, before any such warrant shall be issued.
(2.) Every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such information shall be for one offence only, and not for two or more offences.
(3.) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorized in that behalf.
13.--(1.) The room or place in which a Magistrate sits to hear and try any complaint or information shall be deemed an open and public court, to which the public generally may have access, so far as the same can conveniently contain them, unless the Magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
(2.) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined, by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct the complaint or information respectively, and to have the witnesses examined and cross-examined, by counsel on his behalf.
14.—(1.) If, at the time and place appointed in and by the summons aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid does not appear when called, the constable or officer who has served him with the summons in that behalf shall then declare upon oath in what manner he served the summons, and if it appears, to the satisfaction of the Magistrate, that he duly served the summons, the Magistrate may, in any case where he is empowered to make an order for the payment of money or otherwise, proceed to hear and determine the case in the absence of the defendant, or the Magistrate, on the non-appearance of the defendant as aforesaid, may, if he thinks fit, issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the complaint or information until the defendant is apprehended; and when the defendant is afterwards apprehended under the warrant, he shall be brought before a Magistrate, who shall thereupon either by his warrant commit the defendant to prison or to some other place of security or, if ...
First Schedule: Form No. 12;
A.D. 1890.1
MAGISTRATES,
[No. 3.
11 c. 43 s. 10.
681
made of the truth thereof; except in case of an information where the information. Magistrate receiving the same thereupon issues his warrant in the first & 12 Five, instance to apprehend the defendant as aforesaid; and in every such case where the Magistrate issues his warrant in the first instance the matter of the information shall be substantiated by the oath of the informant, or of some witness or witnesses on his behalf, before any such warrant shall be issued.
(2.) Every such complaint shall be for one matter of complaint only, and not for two or more matters of complaint; and every such informa- tion shall be for one offence only, and not for two or more offences.
(3.) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person
authorized in that behalf.
13.--(1.) The room or place in which a Magistrate sits to hear and Place and try any complaint or information shall be deemed an open and public manner of court, to which the public generally may have access, so far as the same. Ib. s. 12. hearing. can conveniently contain them, unless the Magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
(2.) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined, by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct the complaint or information respectively, and to have the witnesses examined and cross-examined, by counsel on his be- half.
auce and appearance of
thereon.
14.—(1.) If, at the time and place appointed in and by the summons Non-appear- aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid parties, and does not appear when called, the constable or officer who has served him procedure with the summons in that behalf shall then declare upon oath in what 1. s. 13. manner he served the summons, and if it appears, to the satisfaction of the Magistrate, that he duly served the summons, the Magistrate may, in any case where he is empowered to make an order for the payment of money or otherwise, proceed to hear and determine the case in the absence of the defendant, or the Magistrate, on the non-appearance of the defendant as aforesaid, may, if he thinks fit, issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the com- plaint or information until the defendant is apprehended; and when the defendant is afterwards apprehended under the warrant, he shall be brought before a Magistrate, who shall thereupon either by his warrant First Sche- commit the defendant to prison or to some other place of security or, if
dule:
Form No. 12;
...
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