complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.
form 28. form 27.
(2) The Magistrate may order the defendant, in default of compliance with such last-mentioned order, to be imprisoned, without hard labour for any term not exceeding 6 months.
*
form 33.
51. Where a person has been committed to prison by a Magistrate for default in finding sureties, a Magistrate may, on application
reduce or vary security made to him in manner directed by the rules in the 2nd schedule (42 & 43 Vict.
by such person or by some one acting on his behalf, inquire into the c. 49 s. 20
26.]
case of the person so committed, and if on new evidence produced form 32.
to the Magistrate or proof of a change of circumstances, the Magistrate thinks, having regard to all the circumstances of the case, that it is just to do so, he may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just.
out of Court.
+
52. When a Magistrate has fixed, as respects any recognizance, Recogniz the amount in which the principal and the sureties, if any, are to be ance taken bound, the recognizance, notwithstanding anything in this or any [ib. s. 42.] past enactment, need not be entered into before such Magistrate, but may, subject to the rules in the 2nd schedule, be entered into by the parties before another Magistrate, or before the Magistrate's clerk, or before a Superintendent or Inspector of Police or, where any of the parties is in prison, before the Superintendent thereof; and thereupon all the consequences of law shall ensue and the provisions of this Ordinance with respect to recognizances taken before a Magistrate shall apply as if the recognizance had been entered into before a Magistrate as heretofore by law required.
1
security and
53.-(1) A person shall give security under this Part, whether Mode of as principal or surety, either by the deposit of money with the Ma- giving, gistrate's clerk or by an oral or written acknowledgment of the un- enforcement dertaking or condition by which and of the sum for which he is thereof.
[ib. s. 23.] bound, and evidence of such security may be provided by the entry forms 5, 34.
thereof in the register of the proceedings of the Magistrates.
(2) Any sum which may become due in pursuance of a security under this Part from a surety shall be recoverable summarily
* As amended by No. 50 of 1911.
As amended by No. 50 of 1911, No. 1 of 1912 and No. 22 of 1912. As amended by No. 50 of 1911 and No. 1 of 1912.
§
Page 25
Page 26
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•MAGİSTRATES.
No. 3 of 1890.
509
complainant and defendant and witnesses may be called and examined and cross-examined, and the complainant and defendant shall be subject to costs, as in the case of any other complaint.
form 28. form 27.
(2) The Magistrate may order the defendant, in default of com- 1st schedule: pliance with such last-mentioned order, to be imprisoned, without hard labour for any term not exceeding 6 months.
*
form 33.
51. Where a person has been committed to prison by a Magistrate Power to for default in finding sureties, a Magistrate may, on application
reduce or vary security made to him in manner directed by the rules in the 2nd schedule (42 & 43 Vict. by such person or by some one acting on his behalf, inquire into the c. 49 s. 20
26.]
case of the person so committed, and if on new evidence produced form 32. to the Magistrate or proof of a change of circumstances, the Magis- trate thinks, having regard to all the circumstances of the case, that it is just to do so, he may reduce the amount for which it is proposed the sureties or surety should be bound, or dispense with the sureties or surety, or otherwise deal with the case as he may think just.
out of Court.
+
52. When a Magistrate has fixed, as respects any recognizance, Recogniz the amount in which the principal and the sureties, if any, are to be ance taken bound, the recognizance, notwithstanding anything in this or any [ib. s. 42.] past enactment, need not be entered into before such Magistrate, but may, subject to the rules in the 2nd schedule, be entered into by the parties before another Magistrate, or before the Magistrate's clerk, or before a Superintendent or Inspector of Police or, where any of the parties is in prison, before the Superintendent thereof; and thereupon all the consequences of law shall ensue and the pro- visions of this Ordinance with respect to recognizances taken before a Magistrate shall apply as if the recognizance had been en- tered into before a Magistrate as heretofore by law required.
1
security and
53.-(1) A person shall give security under this Part, whether Mode of as principal or surety, either by the deposit of money with the Ma- giving, gistrate's clerk or by an oral or written acknowledgment of the un- enforcement dertaking or condition by which and of the sum for which he is thereof.
[ib. s. 23.] bound, and evidence of such security may be provided by the entry forms 5, 34. thereof in the register of the proceedings of the Magistrates.
(2) Any sum which may become due in pursuance of a security under this Part from a surety shall be recoverable summarily
* As amended by No. 50 of 1911.
As amended by No. 50 of 1911, No. 1 of 1912 and No. 22 of 1912. As amended by No. 50 of 1911 and No. 1 of 1912.
§
Page 25Page 26
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