MAGISTRATES.
No. 3 of 1890.
451
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.
First Schedule. Form No. 10.
to witness answer.
(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 such questions as shall be put to him concerning the premises, the magistrate may, by warrant under his hand and seal, order him to be imprisoned, without hard labour, for any time not exceeding two months unless he in the meantime shall consent to be sworn and to answer concerning the premises, or he may impose upon such person a fine not exceeding twenty dollars.
First Schedule. Form No. 11.
c. 43, s. 9.
18.-(1) In every case of an information for any offence punishable on summary conviction any variance between the information and the evidence adduced in support thereof as to the time at which the offence or act is alleged to have been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the magistrate by whom the information is heard and determined.
(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody as the magistrate may think fit, or to discharge him on his entering into a recognizance, with or without a surety or sureties at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided always that in every case in which a defendant is so discharged on recognizance as aforesaid, and does not...
First Schedule. Form No.
Page 10
Page 11
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MAGISTRATES.
No. 3 of 1890.
451
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.
First Schedule. Form No. 10.
to witness
answer.
her(4) If any person having come before any magistrate Provision as
whether voluntarily or in obedience to a summons or having refusing to been brought before him by warrant or otherwise shall refuse be swom or to be sworn or having been sworn shall without just excuse refuse to answer such questions as shall be put to him con- cerning the premises, the magistrate inay, by warrant under First his hand and seal, order him to be imprisoned, without hard Schedule. labour, for any time not exceeding two months unless he in the meantime shall consent to be sworn and to answer con- cerning the premises, or he may impose upon such person a fine not exceeding twenty dollars.
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Form No. 11.
between
c. 43, s. 9.
18.-(1) In every case of an information for any offence Variance punishable on summary conviction any variance between the information information and the evidence adduced in support thereof as and evidence. to the time at which the offence or act is alleged to have 11 & 12 Vict. been committed shall not be deemed material, if it is proved that such information was in fact laid within the time limited by law for laying the same; and any variance between the information and the evidence adduced in support thereof as to the place in which the offence or act is alleged to have been committed shall not be deemed material, provided that the offence or act is proved to have been committed within the jurisdiction of the inagistrate by whom the information is heard and determined.
(2) If any such variance, or any variance in any other respect between the information and the evidence adduced in support thereof, appears to the magistrate present and acting at the hearing to be such that the party charged by the information has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such-other custody as the magistrate. may think fit, or to discharge him on his entering into a recognizance, with or without a surety or sureties at the dis- First cretion of the magistrate, conditioned for his appearance at 5. the time and place to which the hearing is so adjourned: Provided always that in every case in which a defendant is so discharged on recognizance as aforesaid, and does not
Schedule. Form No.
Page 10Page 11
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