1912_MAGISTRATES_ORDINANCE__1890 — Page 45

MAGISTRATES.

No. 3 of 1890.

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Peace attending at or visiting the prison where the accused is in custody, on production of such certificate, to admit the accused to bail in manner aforesaid.

(6) In every case where the accused in custody is admitted to bail by a Magistrate other than the committing Magistrate or by a Justice of the Peace as aforesaid, such Magistrate or Justice of the Peace shall forthwith transmit the recognizance of bail to the committing Magistrate, to be transmitted with the depositions.

(7), Where two Magistrates sit together either of them may exer- cise the powers hereinbefore mentioned.

deliverance

prison when

95.-(1) In every case where a Magistrate admits to bail any Warrant of person who is then in prison charged with the offence for which he where ac- is so admitted to bail, the Magistrate shall send to or cause to be cused is in lodged with the Superintendent of such prison a warrant of bail granted. deliverance, under his hand and seal, requiring the Superintendent [11 & 12 Vict. to discharge the person so admitted to bail, if he is detained for no 1st schedule :

c. 42 s. 24.] other offence, and on such warrant of deliverance being delivered to or lodged with the Superintendent, he shall forthwith obey the

same.

(2) Where, however, the bail of the person in prison is taken by the Magistrate's clerk or a Justice of the Peace, in pursuance of sub-section (5) of the last section, a written certificate, signed by such Magistrate's clerk or Justice, that bail has been duly given shall be a good authority to the Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.

Re-hearing.

form 82.

*

96.(1) It shall be lawful for a Magistrate, on such grounds as he Review of may deem sufficient, to review his decision or adjudication within decision and 7 clear days from the date thereof, (unless in the meantime an Magistrate.

re-hearing by application has been made to state and sign a case under section

+ 98 and such application is not withdrawn), and, on such review, to re-open and re-hear the case wholly or in part, and to take fresh evidence and to reverse, vary, or confirm the previous decision or adjudication.

* As amended by No. 50 of 1911. As amended by No. 1 of 1912.

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