WEI-HAI-WEI ORDER IN COUNCIL.
(2) Subject to the maximum penalties provided by law, a Magistrate shall not award imprisonment, with or without hard labour, exceeding a term of 12 months, nor any fine exceeding 400 dollars.
(3) A Magistrate shall not try any of the following offences:- treason, murder, rape, forgery, and perjury; nor, except by direction of the High Court in writing, any offence punishable with penal servitude for seven years or upwards. Such direction may be given in any case after the accused is committed for trial before the High Court, if the High Court is of opinion that the offence will be adequately punished with such punishment as the Magistrate has power to award.
22.—(1) A criminal prosecution is commenced by a complaint made to the Court, or by the issue of a summons or warrant by the Court of its own motion.
(2) For the issue of a summons the complaint need not be on oath, unless the Court so requires.
(3) A warrant may be issued if the complaint is in writing and on oath, or if the accused person does not appear on a summons, and it is proved that the summons has been served or cannot be served.
(4) On receiving a complaint, whether on oath or not, the Court may, if it is of opinion that the complaint discloses no offence, or is otherwise unsubstantial, decline to issue any summons or warrant.
(5) An accused person arrested on warrant shall be brought before the Court within 48 hours after arrest unless exceptional circumstances prevent his being so brought, and the complaint shall be heard as soon thereafter as circumstances reasonably admit. Due notice of the time and place of hearing shall be given to the prosecutor (if any), and summonses issued to the witnesses, if any.
23.—(1) When the accused is before the Court, and the prosecutor has had notice of the time and place appointed for the hearing of the complaint, but does not appear, the Court, unless it thinks fit to adjourn the hearing, shall dismiss the complaint.
(2) If both parties are present the Court shall proceed to hear the complaint; and
(a) if the offence is legally punishable, or if the Court thinks it would be adequately punished with imprisonment not exceeding 6 months, or with fine not exceeding 100 dollars, the case shall be tried summarily on the complaint;
(b) otherwise, the Court shall take the depositions of the prosecutor and witnesses with a view to determining whether the accused shall be tried on a charge.
(3) The following offences are not triable summarily, that is to say: treason, murder, rape, arson, housebreaking, robbery with violence, forgery, and perjury.
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WEI-HAI-WEI ORDER IN COUNCIL.
(2) Subject to the maximum penalties provided by law, a Magistrate shall not award imprisonment, with or without hard labour, exceeding a term of 12 months, nor any fine exceeding 400 dollars.
(3) A Magistrate shall not try any of the following offences:-treason murder, rape, forgery, and perjury; nor, except by direction of the High Court in writing, any offence punishable with penal servitude for seven years or upwards. Such direction may be given in any case after the accused is committed for trial before the High Court, if the High Court is of opinion that the offence will be adequately punished with such punishment as the Magistrate has power to award.
22.—(1) A criminal prosecution is commenced by a complaint made Complaint to the Court, or by the issue of a summons or warrant by the Court of its and sun- own motion.
(2) For the issue of a summons the complaint need not be on oath, unless the Court so requires.
(3) A warrant may be issued if the complaint is in writing and on oath, or if the accused person does not appear on a summons, and it is proved that the summons has been served or cannot be served.
(4) On receiving a complaint, whether on oath or not, the Court may, if it is of opinion that the complaint discloses no offence, or is otherwise unsubstantial, decline to issue any summons or warrant.
(5) An accused person arrested on warrant shall be brought before the Court within 48 hours after arrest unless exceptional circumstances prevent his being so brought, and the complaint shall be heard as soon thereafter as circumstances reasonably admit. Due notice of the time and place of hearing shall be given to the prosecutor (if any), and sum- monses issued to the witnesses, if any.
mons,
23.—(1) When the accused is before the Court, and the prosecutor Criminal has had notice of the time and place appointed for the hearing of the procedure. complaint, but does not appear, the Court, unless it thinks fit to adjourn
the hearing, shall dismiss the complaint.
(2) If both parties are present the Court shall proceed to hear the complaint; and
(a) if the offence is legally punishable, or if the Court thinks it would be adequately punished with imprisonment not ex- ceeding 6 months, or with fine not exceeding 100 dollars, the case shall be tried summarily on the complaint; (b) otherwise, the Court shall take the depositions of the pro- *secutor and witnesses with a view to determining whether
the accused shall be tried on a charge.
(3) The following offences are not triable summarily, that is to say: treason, murder, rape, arson, housebreaking, robbery with violence, forgery, and perjury.
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