1923_MAGISTRATES_ORDINANCE__1890 — Page 16

ne,

cain

MAGISTRATES.

No: 3 of 1890.

457

(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in by this section shall dispense with the legal proof of a previous ged

conviction for an offence when required to be proved against. sa a person charged with another offence.

ind

be (3) The entries relating to each mirate, memorandum, or ect proceeding shall contain the name of the magistrate before the whom the conviction, order, or proceeding referred to therein

of was made or had.

by

(4). Every sum paid to the magistrates' clerk in accordance of with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by the rules in the said Second Schedule.

be

(5) Every such register shall be open for inspection, without fee or reward, by a magistrate, or by any person ate authorised in that behalf by a magistrate, or by the Governor full or Colonial Secretary.

ing

on

Special provisions.

discharge

punishment

42 & 43 Vict.

31. If, on the hearing of a charge for any offence punish- Power to able on summary conviction the magistrate thinks that, defendant Or, though the charge is proved, the offence was in the particular without

case of so trifling a nature that it is inexpedient to inflict any pie punishment, or any other than a nominal punishment,—- trifling.

(1) he may, without proceeding to conviction, dismiss the c. 49, s. 16. her complaint or information, and may order the defendant to First

pay such damages, not exceeding ten dollars, and such Forms Nos. costs of the proceeding, or either of them, as he may think 26 and 45. reasonable; or

the

Schedule.

Forms Nos.

(2) he may, on convicting the defendant, discharge him conditionally on his giving security, with or without sureties, First to appear for sentence when called upon or to be of good Schedule. behaviour, and either without payment of damages and costs 5 and 21. ers or subject to the payment of such damages and costs, or

either of them, as he may think reasonable.

are

ed

rst

aid

tion of money found

for payment

32. Where a defendant is fined a sum not exceeding five Appropria dollars and the same is not forthwith paid, the magistrate order the defendant to be searched, and if on being

being on defendant searched he is found to have on his person money equal of fine not to the amount of his fine, it shall be lawful for the magistrate, exceeding $5.

may