MAGISTRATES.
No. 3 of 1890.
473
to be Brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a magistrate, the magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall, without further inquiry or examination, commit him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a magistrate, it shall be lawful for the magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of Prisons commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custody by due course of law.
65.-In every case where a charge or complaint for any indictable offence is made before a magistrate, if it is intended to issue a warrant in the first instance against the accused, an information and complaint thereof in writing upon the oath of the informant or of some witness in that behalf shall be laid before the magistrate: Provided always that in every case where it is intended to issue summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided, also, that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the magistrate who takes the examination of the witnesses in that behalf as hereinafter mentioned.
66. The provisions with reference to summonses contained in Part II in relation to offences punishable on summary conviction shall apply equally, mutatis mutandis, to summonses under this Part.
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MAGISTRATES.
No. 3 of 1890.
473
to be Brought before him to be dealt with according to law; and afterwards, if such person is apprehended and brought before a magistrate, the magistrate, on its being proved upon oath before him that the person so apprehended is the same person who is charged and named in the indictment, shall, without further inquiry or examination, commit/him for trial or admit him to bail in manner hereinafter mentioned.
(3) If the person against whom an indictment is so filed by the Attorney General as aforesaid is confined in prison for any other offence than that charged in the indictment at the time of such application and production of the said certificate to a magistrate, it shall be lawful for the magistrate, and he is hereby required, on its being proved before him upon oath that the accused and the person so confined in prison are the same person, to issue his warrant directed to the Superintendent of Prisons commanding him to detain the accused in his custody until by a writ of habeas corpus he shall be removed therefrom for the purpose of being tried upon the indictment or until he shall otherwise be removed therefrom or discharged out of his custofly by due course of law.
warrant in
writing and
65.-In every case where a charge for complaint for any Information indictable offence is made before a magistrate, if it is intended to lead to issue a warrant in the first instance against the accused, first instanco an information and complaint thereof in writing upon the to be in oath of the informant or of some witness in that behalf shall upon oath. c. 42, s. 8. be laid before the magistrate: Provided always that in every 11 & 12 Vict. case where it is intended to issue summons instead of a warrant in the first instance, it shall not be necessary that such information and complaint shall be in writing or be sworn to in manner aforesaid, but in every such case such information and complaint may be by parol merely and without any oath whatever to support or substantiate the same: Provided, also, that no objection shall be taken or allowed to any information or complaint for any alleged defect therein in substance or in form or for any variance between it and the evidence adduced on the part of the prosecution before the magistrate who takes the examination of the witnesses in that behalf as hereinafter mentioned.-
summonses.
66. The provisions with reference to summonses contained Service of in Part II in relation to offences punishable on summary 11 & 12 Vict. conviction shall apply equally, mutatis mutandis, to summonses c. 42, s. 9. under this Part.
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