MAGISTRATES.
No. 3 of 1890.
515
has been filed has not already appeared and pleaded to the indictment), shall grant to him a certificate of such indictment having been filed.
form 3.
(2) On the production of such certificate to a Magistrate, it shall be lawful for him, and he is hereby required, to issue his warrant to apprehend the accused and to cause him to be brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a Magistrate, the Magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall, without further inquiry or examination, commit him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a Magistrate, it shall be lawful for the Magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of the prison commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.
to lead warrant in first instance to be in writing and upon oath.
65.-In every case where a charge or complaint for any indictable offence is made before a Magistrate, if it is intended to issue a warrant in the first instance against the accused, an information and complaint thereof in writing upon the oath of the informant or of some witness in that behalf shall be laid before the Magistrate: Provided always that in every case where it is intended to issue a summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided, also, that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the
* As amended by No. 50 of 1911.
MAGISTRATES.
No. 3 of 1890.
515
has been filed has not already appeared and pleaded to the indict- ment), shall grant to him a certificate of such indictment having been filed.
form 3.
(2) On the production of such certificate to a Magistrate, it shall 1st schedule: be lawful for him, and he is hereby required, to issue his warrant to apprehend the accused and to cause him to be brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a Magistrate, the Magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall, without further inquiry or examination, commit him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a Magistrate, it shall be lawful for the Magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of the prison commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.
to lead war. rant in first
instance to be in writing and
upon
*
65.-In every case where a charge or complaint for any indictable Information offence is made before a Magistrate, if it is intended to issue a war- rant in the first instance against the accused, an information and complaint thereof in writing upon the oath of the informant or of some witness in that behalf shall be laid before the Magistrate: oath. Provided always that in every case where it is intended to issue a c. 42 s. 8.1
[11 & 12 Vict. summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such in- formation and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided, also, that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the
* As amended by No. 50 of 1911.
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