MAGISTRATES:
Place and manner of hearing. c. 43 s. 12.]
13. (1) The room or place in which a Magistrate sits to hear and try any complaint or information shall be deemed an open and public Court, to which the public generally may have access, so far as the same can conveniently contain them, unless the Magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
(2) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined, by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct the complaint or information respectively, and to have the witnesses examined and cross-examined, by counsel on his behalf.
14. (1) If, at the time and place appointed in and by the summons aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid does not appear when called, the constable or officer who has served him with the summons in that behalf shall then declare upon oath in what manner he served the summons, and if it appears, to the satisfaction of the Magistrate, that he duly served the summons, the Magistrate may, in any case where he is empowered to make an order for the payment of money or otherwise, proceed to hear and determine the case in the absence of the defendant or the Magistrate, on the non-appearance of the defendant as aforesaid, may issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the complaint or information until the defendant is apprehended; and when the defendant is afterwards apprehended under the warrant, he shall be brought before a Magistrate, who shall thereupon either by his warrant commit the defendant to prison or to some other place of security or, if he thinks fit, verbally to the custody of the police officer who has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a certain time and place before a Magistrate, of which said order the complainant or informant shall have due notice.
(2) If, at the time and place so appointed, the defendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before the Magistrate by virtue of any warrant,
* As amended by No. 51 of 1911 and No. 1 of 1912.
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MAGISTRATES:
Place and
manner of hearing.
c. 43 s. 12.]
13. (1) The room or place in which a Magistrate sits to hear and try any complaint or information shall be deemed an open and [11 & 12 Vict. public Court, to which the public generally may have access, so far as the same can conveniently contain them, unless the Magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
Non-appear.
ance and appearance of parties, and proced. ure thereon. [ib. s. 13.]
**
1st schedule form 12.
(2) The party against whom the complaint is made or in- formation laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-ex- amined, by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct the com- plaint or information respectively, and to have the witnesses ex- amined and cross-examined, by counsel on his behalf.
· 14.- -(1) If, at the time and place appointed in and by the зum- mons aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid does not appear when called, the constable cr officer who has served him with the summons in that behalf shall then declare upon oath in what manner he served the summons, and if it appears, to the satisfaction of the Magistrate, that he duly served the summons, the Magistrate may, in any case where he is empowered to make an order for the payment of money or other- wise, proceed to hear and determine the case in the absence of the defendant or the Magistrate, on the non-appearance of the de- fendant as aforesaid, may issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the complaint or inform- ation until the defendant is apprehended; and when the defend- ant is afterwards apprehended under the warrant, he shall be brought before a Magistrate, who shall thereupon either by his warrant commit the defendant to prison' or to some other place of security or, if he thinks fit, verbally to the custody of the police officer who has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a certain time and place before a Magistrate, of which said order the com- plainant or informant shall have due notice.
(2) If, at the time and place so appointed, the defendant attends voluntarily in obedience to the summons in that behalf served on him or is brought before the Magistrate by virtue of any warrant,
* As amended by No. 51 of 1911 and No. 1 of 1912.
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