1901_MAGISTRATES_ORDINANCE__1890 — Page 8

A.D. 1890.]

MAGISTRATES.

[No. 3.

683

(2.) The Magistrate, having heard what each party has to say as aforesaid and the witnesses and evidence so adduced, shall consider the whole matter and determine the same, and shall convict or make an order against the defendant or dismiss the complaint or information, as the case may be.

(3.) If the Magistrate convicts the defendant or makes an order against him, a minute or memorandum thereof shall then be made, (for which no fee shall be paid), and the conviction or order shall afterwards be drawn up by the Magistrate in proper form under his hand and seal, and he shall cause the same to be lodged with the Magistrate's Clerk, who shall register the same as hereinafter provided.

First Schedule: Form No. 25;

(4.) If the Magistrate dismisses the complaint or information, it shall be lawful for him, if he thinks fit, on being required to do so, to make an order of dismissal of the complaint or information, and he shall give the defendant in that behalf a certificate thereof, which said certificate shall be a bar to any subsequent complaint or information for the same matters respectively against the same party.

First Schedule: Form No. 39.

Adjournment of hearing and procedure thereon.

11 & 12 Vict. c. 43 s. 16.

16.—(1.) Before or during the hearing of any complaint or information as aforesaid, it shall be lawful for a Magistrate in his discretion to adjourn the hearing of the same to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties, or their respective counsel, and in the meantime the Magistrate, granting and making such adjournment may suffer the defendant to go at large, or may commit him to prison or some other place of security or to such other safe custody as the Magistrate may think fit, or may discharge the defendant on his entering into a recognizance, with or without a surety or sureties, at the discretion of the Magistrate, conditioned for his appearance at the time and place to which the hearing or further hearing is adjourned: Provided always that in every case where a defendant is 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, and may declare the same to be forfeited in manner hereinafter provided, and may forthwith issue his warrant for the apprehension of the defendant.

First Schedule: Form No. 7.

(2.) If, at the time and place to which the hearing or further hearing is so adjourned, the complainant or informant does not appear, either personally or by counsel, the Magistrate then present may dismiss the complaint or information, with or without costs, as to the Magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not appear, either personally or by counsel, the Magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think requisite.

First Schedule: Form No. 4; Form No. 5;