1923_MAGISTRATES_ORDINANCE__1890 — Page 11

2452

First Schedule.

Form No. 7.

Description of property complaint or 11 & 12 Vict. c. 43, s. 4.

Complaint for order to pay money No. 3 of 1890.

MAGISTRATES.

afterwards appear at the time and place mentioned therein the magistrate then present shall certify on the back thereof the non-appearance of the defendant, and may declare the same to be forfeited in the manner hereinafter provided, and may also forthwith issue a warrant for the apprehension of the defendant.

19.-(1) In any complaint or information or the proceedings thereon in which it is necessary to state the ownership of any property belonging to or in the possession of partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons and to state the property to belong to the person so named and another or others, as the case may be; and whenever in any complaint or information or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the proceedings thereon it is necessary to state the ownership of any public work or building maintained or repaired at the public expense or any materials or tools provided for the repair of public highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, fences, or other things erected or provided for such highways, roads, buildings, gates, bridges, lamps, boards, stones, posts, and fences, or of any reservoirs, conduits, sewers, drains, or other public works or property of whatsoever description, it shall be sufficient to describe such property as the property of the Crown.

20. In any case of a complaint upon which a magistrate may make an order for payment of money or otherwise, it need not be, shall not be necessary that such complaint shall be in writing unless it is required to be so by the Ordinance or statute upon which such complaint is framed.

11 & 12 Vict. c. 43, s. 8.

Limit of time for complaint or information.

21. In any case of an offence other than an indictable offence where no time is limited by any Ordinance or statute for making any complaint or laying any information in respect of such offence, such complaint shall be made or such information laid within six months from the time when the matter of such complaint or information respectively arose.

11 & 12 Vict. c. 43, s. 11.

22. Upon any complaint or information wherein the defendant shall adduce evidence in defence and fail to appear, the magistrate may proceed to hear the complaint and determine the same. If the defendant has been duly served with summons to appear, it shall be lawful for the magistrate to adjourn the hearing.

23. (1) The forms in this or any other Ordinance or schedule thereto are not to be held to be invalid by reason only of ... in the wording or ... of the forms prescribed by this or any other Ordinance to such forms.

(2) Any order or warrant made or issued under this or any other Ordinance shall not be held invalid by reason only of any defect or omission in the form thereof, provided it is ... lawful ... to draw up or issue the same.

24. Any person summoned to answer a complaint or information to be made or taken before a magistrate may be required to attend at a time and place named in the summons for the purpose of being examined on oath or otherwise, and to have his or her statement taken down in writing.