MAGISTRATES.
No. 3 of 1890.
523
the Magistrate may make the like order for the restitution of property as might have been made by the Court before whom the person convicted would have been tried if he had been tried on an indictment; and
(4) the order of dismissal shall be filed by the Magistrate's clerk in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused. 1st schedule: form 84.
Summary
82. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 44 and 45 of the Offences against the Person Ordinance, 1865, it shall be lawful for a Magistrate to hear the case and convict the accused summarily and to sentence him to imprisonment for any term not exceeding one year, or to commit the accused for trial before the Court; and it shall also be lawful for two Magistrates to sit together to hear the case, and they may, if they think fit, summarily convict the accused and sentence him to imprisonment for any term not exceeding 2 years, or they may commit the accused for trial before the Court.
[No. 2 of 1865.]
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PART V.
SPECIAL POWERS.
Miscellaneous Matters.
83. In all proceedings before two Magistrates sitting together upon any complaint or information, it shall be lawful for one Magistrate to receive such complaint or information, and to grant a summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hearing, even in cases where by the Ordinance or statute in that behalf such complaint or information must be heard and determined by two Magistrates sitting together, and after the case has been so heard and determined one Magistrate may issue all warrants of distress or commitment thereon: Provided always that in any case where any such complaint or information is heard and determined by two Magistrates, or a conviction or order is made by two Magistrates, such Magistrates must be present and acting together during the whole of the hearing and determination of the case.
As amended by No. 30 of 1911 and No. 2 of 1912.
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the Magistrate may make the like order for the restitution of property as might have been made by the Court before whom the person convicted would have been tried if he had been tried on an indictment; and
(4) the order of dismissal shall be filed by the Magistrate's clerk 1st schedule: in like manner as the conviction is hereby required to be filed, and form 84. together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused.
summary
tain indict.
82. Where any person is accused of stealing from the person or Special of any offence within the meaning of either of sections 44 and 45 powers for of the Offences against the Person Ordinance, 1865, it shall be trial of cer- lawful for a Magistrate to hear the case and convict the accused able offences. summarily and to sentence him to imprisonment for any term not [No. 2 of exceeding one year, or to commit the accused for trial before the 1865.] Court; and it shall also be lawful for two Magistrates to sit together to hear the case, and they may, if they think fit, summarily convict the accused and sentence him to imprisonment for any term not exceeding 2 years, or they may commit the accused for trial before the Court.
*
PART V.
SPECIAL POWERS.
Miscellaneous Matters.
83. In all proceedings before two Magistrates sitting together Issue of pro- upon any complaint or information, it shall be lawful for one cess by one Magistrate to receive such complaint or information, and to grant though hear.
Magistrate a summons or warrant to compel the attendance of any witnesses, ing before
two Magis- and to do all other necessary acts and matters preliminary to the trates. hearing, even in cases where by the Ordinance or statute in that [11 & 12 Vict.
c. 43 s. 29.1 behalf such complaint or information must be heard and deter- mined by two Magistrates sitting together, and after the case has been so heard and determined one Magistrate may issue all warrants of distress or commitment thereon: Provided always that in any case where any such complaint or information is heard and deter- mined by two Magistrates, or a conviction or order is made by two Magistrates, such Magistrates must be present and acting together during the whole of the hearing and determination of the case.
As amended by No. 30 of 1911 and No. 2 of 1912.
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