514
No. 3 of 1890.
MAGISTRATES.
Procedure on information being laid.
[11 & 12 Vict. c. 42 s. 1.]
form 3.
PART III.
INDICTABLE OFFENCES.
62.-(1) In every case where a charge or complaint is made to a Magistrate that any person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor or other indictable offence over which the Magistrate has jurisdiction, then, if the accused is not then in custody, it shall be lawful for 1st schedule: the Magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a Magistrate to answer to the charge or complaint, and to be further dealt with according to law: but in any case it shall be lawful for the Magistrate to whom the charge or complaint is preferred, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a Magistrate at a time and place to be therein mentioned and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place 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 1.
form 2.
Warrant to apprehend
(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.
on high seas, etc. [ib. s. 2.]
Warrant to apprehend where indictment is filed by Attorney General and accused is at large. [ib. s. 8.]
3.7
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
Page 30
Page 31
514
No. 3 of 1890.
MAGISTRATES.
Procedure on information being laid.
[11 & 12 Vict. o. 42 s. 1.]
form 3.
PART III.
INDICTABLE OFFENCES.
62.-(1) In every case where a charge or complaint is made to a Magistrate that any person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor or other indictable offence over which the Magistrate has jurisdiction, then, if the accused is not then in custody, it shall be lawful for 1st schedule: the Magistrate to issue his warrant to apprehend the accused and to cause him to be brought before a Magistrate to answer to the charge or complaint, and to be further dealt with according to law: but in any case it shall be lawful for the Magistrate to whom the charge or complaint is preferred, if he so thinks fit, instead of issuing his warrant in the first instance to apprehend the accused, to issue his summons directed to the accused requiring him to appear before a Magistrate at a time and place to be therein mentioned and if, after being served with the summons in manner hereinafter mentioned, he fails to appear at such time and place 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 1.
form 2.
Warrant to apprehend
(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 on high seas, indictment may be preferred by the Attorney General, it shall be
for offence committed
etc. [ib. s. 2.]
Warrant to apprehend where indict
ment is filed by Attorney General and accused is at large. [ib. s. 8.
3.7
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.
*
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
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