1923_MAGISTRATES_ORDINANCE__1890 — Page 34

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MAGISTRATES.

No. 3 of 1890.

475

in that behalf, to continue and keep the accused in his custody and to bring him before the same magistrate at the time appointed for continuing the examination: Provided always that the magistrate may order the accused to be brought before himself or another magistrate at any time before the expiration of the time for which the accused is so remanded, and the gaoler or officer in whose custody he then is shall duly obey such order: Provided, also, that, instead of detaining the accused in custody during the period for which he is so remanded, a magistrate before whom the accused so appears or is brought as aforesaid may discharge him, on his entering into a recognizance, with or First without a surety or sureties, at the discretion of the magistrate, Fos Nos. conditioned for his appearance at the time and place ap- 77 and 78. pointed for the continuance of the examination.

(2) If the accused does not afterwards appear at the time and place mentioned in the recognizance the magistrate then present may, on certifying the non-appearance of the accused on the recognizance, declare the same forfeited, and proceed to enforce the same in the manner hereinbefore provided for enforcing recognizances in the cases of offences punishable on summary conviction; and may forthwith issue his warrant for the apprehension of the accused.

Schedule.

taken not an

71. The room or building in which a magistrate hears an Place where information or charge for an indictable offence shall not be examination deemed an open court for that purpose; and it shall be open court. lawful for the magistrate hearing the case, in his discretion, 11 & 12 Vict.. to order that no person shall have access to or be or remain c. 42, s. 19. in such room or building without the consent or permission of the magistrate, if it appears to him that the ends of justice will be best answered by so doing.

hearing.

C.

72-(1) On the hearing of an information or charge for Taking of an indictable offence where the accused is present at the evidence at hearing, the magistrate shall, before committing the accused 11 & 12 Vict. to prison for trial or before-admitting him to bail to take c. 42, s. 17. his trial, in the presence of the accused proceed to take evidence for and on behalf of the prosecutor and his witnesses in the same manner as is herein before provided for the taking of the evidence of the complainant or inform- ant and his witnesses on a complaint or information for First an offence punishable on summary conviction.

Schedule.

Form No. 13

1

བ་ནྷིཏཱ ' ཙཱིཡཱདྷ