MAGISTRATES.
No. 3 of 1890.
493
appear, either personally or by counsel, the Magistrate then present may dismiss the complaint or information, with or without costs, as to the Magistrate may seem fit; and if, at the time and place aforesaid, the defendant does not appear, either personally or by counsel, the Magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think requisite.
General Provisions.
to witnesses.
17.—(1) If it is made to appear to a Magistrate, by the oath of any credible person, that any person within the Colony is likely to give material evidence on behalf of the complainant or informant or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the Magistrate shall issue his summons to such person, under his hand and seal, requiring him to be and appear at a time and place mentioned in the summons before a Magistrate to testify what he knows concerning the matter of the complaint or information.
for form 8.
(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons, and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the Magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the Magistrate before whom such person should have appeared to issue a warrant, under his hand and seal, to bring and have such person, at a time and place to be therein mentioned, before the Magistrate to testify as aforesaid.
for form 9.
(3) If the Magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance.
(4) If any person having come before any Magistrate, whether voluntarily or in obedience to a summons or having been brought before him by warrant or otherwise, shall refuse to be sworn or having been sworn shall without just excuse refuse to answer...
* As amended by No. 2 of 1900 and No. 2 of 1912.
}
MAGISTRATES.
No. 3 of 1890.
493
appear, either personally or by counsel, the Magistrate then present may dismiss the complaint or information, with or without costs, as to the Magistrate may seem fit; and if, at the time and place afore- said, the defendant does not appear, either personally or by counsel, the Magistrate may issue his warrant for the apprehension of the defendant, and may adjourn the proceedings for such time as he may think requisite.
General Provisions.
to witnesses.
17.—(1) If it is made to appear to a Magistrate, by the oath of Provisions as any credible person, that any person within the Colony is likely to [11 & 12 Vict. give material evidence on behalf of the complainant or informant c. 43 s. 7.] or defendant, and will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of the complaint or information as aforesaid, the Magis- trate shall issue his summons to such person, under his hand and 1st schedule: seal, requiring him to be and appear at a time and place mentioned in the summons before a Magistrate to testify what he knows concerning the matter of the complaint or information.
forin 8.
(2) If any person so summoned refuses or neglects to appear at the time and place appointed by the summons, and no just excuse is offered for such refusal or neglect, then, after proof upon oath that the summons was served on such person, either personally or by leaving the same for him with some person at his last or most usual place of abode, and that a reasonable sum (where, in the opinion of the Magistrate, necessary) was paid or tendered to him for his costs or expenses in that behalf, it shall be lawful for the Magistrate before whom such person should have appeared to issue a warrant, under his hand and scal, to bring and have such form 9. person, at a time and place to be therein mentioned, before the Magistrate to testify as aforesaid.
(3) If the Magistrate is satisfied, by evidence upon oath, that it is probable that such person will not attend to give evidence without being compelled to do so, then instead of issuing a summons, it shall be lawful for him to issue his warrant in the first instance.
(4) If any person having come before any Magistrate Provision as
form 10..
whether voluntarily or in obedience to a summons or having to witness
refusing to
been brought before him by warrant or otherwise shall refuse to be be sworn or sworn or having been sworn shall without just excuse refuse to an-
* As amended by No. 2 of 1900 and No. 2 of 1912.
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