MAGISTRATES.
No. 3 of 1890:
455
does not 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, and may also forthwith issue a warrant for the apprehension of the defendant.
Schedule. Form No. 7.
26. Any warrant or summons issued by a magistrate under this or any other Ordinance or statute, shall not be avoided by reason of the magistrate who signed the same warrant dying or ceasing to hold office.
Non-avoidance of warrant or summons by death of magistrate. 42 & 43 Vict. c. 49, s. 37.
27. A person taken into custody for an offence without a warrant shall be brought before a magistrate as soon as practicable after he is so taken into custody, and if it is not or will not be practicable to bring him before a magistrate within forty-eight hours after he is so taken into custody, a superintendent or inspector of police or other officer in charge of any police station shall inquire into the case, and, except where the offence appears to such superintendent, inspector, or officer, to be of a serious nature, shall discharge the prisoner, on his entering into a recognizance, with or without sureties, for a reasonable amount, to appear before a magistrate at the day, time, and place mentioned therein.
Bail of person arrested without warrant. 42 & 43 Vict. c. 49, s. 38; ef. No. 11 of (2).] Schedule. Form No. 5.
28. The following provisions shall apply to proceedings before magistrates:-
Provisions as to proceedings, etc. 11 & 12 Vict. c. 43, s. 14; 42 & 43 Vict. c. 49, s. 39.
(1) the description of any offence in the words of the Ordinance or statute or any order, by-law, regulation, or other document creating the offence, or in similar words, shall be sufficient in law;
(2) any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;
(3) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act.
MAGISTRATES.
No. 3 of 1890:
455
does not 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, and may also forthwith issue a war- First rant for the apprehension of the defendant.
Schedule. Form No. 7.
summons or
26. Any warrant or summons issued by a magistrate Non-avoid- under this or any other Ordinance or statute, shall not be ance of avoided by reason of the magistrate who signed the same warrant by dying or ceasing to hold office.
death of magistrate. 42 & 43 Vict. c. 49, s. 37.
person
warrant.
1900, s. 28
27. A person taken into custody for an offence without a Bail of warrant shall be brought before a magistrate as soon as arrested practicable after he is so taken into custody, and if it is not without or will not be practicable to bring him before a magistrate 42 & 43 Vict. within forty-eight hours after he is so taken into custody, a c. 49, s. 38. superintendent or inspector of police or other officer in ef. No. 11 of charge of any police station shall inquire into the case, and, (2).] except where the offence appears to such superintendent, inspector, or officer, to be of a serious nature, shall discharge the prisoner, on his entering into a recognizance, with or First without sureties, for a reasonable amount, to appear before a Form No. 5. magistrate at the day, time, and place mentioned therein.
Schedule.
28. The following provisions shall apply to proceedings Provisions as before magistrates:-
to proceed- ings, etc. 11 & 12 Vict.
c.
(1) the description of any offence in the words of the 43, s. 14; Ordinance or statute or any order, by-law regulation, or 42 & 43 Vict. other document creating the offence, or in similar words, shall be sufficient in law;
2) any exception, exemption, proviso, excuse, or qualifica- tion, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be-specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant or informant;
(3) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from
č. 49, s. 39.
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