being the and
endeavour to
lead the
ship
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like the
against to point
event
the Port
the
the
Legges,
connected states
any
it
create
crime
ultimate
statute
statute speech
such
the
the
MAGISTRATES.
No. 3 of 1890.
453
for want of
c. 43, s. 1.
or allowed to any Prohibition
22. No objection shall be taken or allowed to complaint, information, or summons for any alleged defect of objection therein in substance or in form, or for any variance between such complaint, information, or summons and the evidence adduced in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence of which he may appear to have been guilty; but if any such variance appears to the magistrate to be such that the party so summoned and appearing 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 order.
c. 43, s. 17.
23.—(1) In every case of a conviction where no particular form of such conviction is given by the Ordinance or statute creating the offence or regulating the prosecution for the same, and in every case of a conviction upon any past Ordinance or statute, whether any particular form of conviction is therein given or not, it shall be lawful for the magistrate who so convicts to draw up his conviction in such one of the forms of convictions in the First Schedule as may be applicable to such case or to the like effect.
First Schedule. Forms Nos. 14-21.
(2) Where an order is made, and no particular form of order is given by the Ordinance or statute giving authority to make such order, and in every case of an order to be made under the authority of any past Ordinance or statute, whether any particular form of order is therein given or not, it shall be lawful for the magistrate by whom such order is to be made to draw up the same in such one of the forms of orders in the said First Schedule as may be applicable to such case or to the like effect.
First Schedule. Forms Nos. 22-32.
declaration of
etc.
24. In a proceeding before a magistrate, without prejudice to any other mode of proof, service on a person of any summons, notice, process, or document required or authorised to be served, and the handwriting and seal of a magistrate or other officer or person on any warrant, summons, notice, process, or document, may be proved by a solemn declaration taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved be sufficient proof of the statements contained therein, and
*As amended by No. 21 of 1922 and Law Am. Ord., 1923.
ein
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ent
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cted ates
any
it
trate
se
itima
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table
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such
the
se
MAGISTRATES.
No. 3 of 1890.
453
for want of
c. 43, s. 1.
or allowed to any Prolibition 22. No objection shall be taken or allowed to complaint, information, or summons for any alleged defect of objection therein in substance or in form, or for any variance between form. such complaint, information, or summons and the evidence 11 & 12 Vict. adduced in support thereof, and the adjudicating magistrate shall in all cases give judgment upon the substantial merits and facts of the case as proved before him, and convict the defendant of the offence of which he may appear to have been guilty; but if any such variance appears to the magistrate to be such that the party so summoned and appearing 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 order.
c. 43, s. 17.
23.—(1) In every case of a conviction where no particular Form of form of such conviction is given by the Ordinance or statute conviction creating the offence or regulating the prosecution for the 11 & 12 Vict. same, and in every case of a conviction upon any past Ordinance or statute, whether any particular form of conviction is therein given or not, it shall be lawful for the magistrate who so convicts to draw up his conviction in such one of the forms of convictions in the First Schedule as may be applicable First to such case or to the like effect.
:
Schedule. Forms Nos.
14-21.
(2) Where an order is made, and no particular form of order is given by the Ordinance or statute giving authority to make such order, and in every case of an order to be made under the authority of any past Ordinance or statute, whether any particular form of order is therein given or not, it shall be lawful for the magistrate by whom such order is to be made to draw up the same in such one of the forms of orders in the said First Schedule as may be applicable to such case or First to the like effect.
Schedule. Forms Nos. 22--32.
declaration of
otc.
24. In a proceeding before a magistrate, without prejudice Proof by to any other mode of proof, service on a person of any service of summons, notice, process, or document required or authorised process and of to be served, and the handwriting and seal of a magistrate handwriting, or other officer or person on any warrant, summons, notice, 42 & 43 Vict. process, or document, may be proved by a solemn declaration 49, s. 4. taken before a justice of the peace; and any declaration purporting to be so taken shall, until the contrary is proved be sufficient proof of the statements contained therein, and
*As amended by No. 21 of 1922 and Law Am. Ord., 1923,
c.
*
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