MAGISTRATES.
No. 3 of 1890.
481
Schedule. Forms
(3) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the court, and the magistrate may make the like order for the restitution of property as might have been made by the court; and
Schedule.
(4) the order of dismissal shall be filed by the magistrates' clerk in like manner as the conviction is hereby required to be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the depositions of the witnesses, and the statement, if any, of the accused.
Summary indictable
82. Where any person is accused of stealing from the person or of any offence within the meaning of either of sections 44 and 45 of the Offences against the Person Ordinance, 1865, it shall be lawful for a magistrate to hear the case and convict the accused summarily and to sentence him to imprisonment for any term not exceeding one year, or to commit the accused for trial before the court; and it shall also be lawful for two magistrates to sit together to hear the case, and they may, if they think fit, summarily convict the accused and sentence him to imprisonment for any term not exceeding two years, or they may commit the accused for trial before the court.
PART V.
SPECIAL POWERS
Miscellaneous.
magistrate magistrates.
83. In all proceedings before two magistrates sitting together upon any complaint or information, it shall be lawful for one magistrate to receive such complaint or information, and to grant a summons or warrant to compel the attendance of any witnesses, and to do all other necessary acts and matters preliminary to the hearing, even in cases where by the Ordinance or statute in that behalf such complaint or information must be heard-and-determined by two magistrates sitting together, and after the case has been so heard and determined one magistrate may issue all warrants of distress or commitment thereon: Provided always that in any case where any such complaint or information is heard and determined by two magistrates, or a conviction or order is made by two magistrates, such magistrates must be present
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MAGISTRATES.
No. 3 of 1890.
481
Schedule. Forms
(3) the conviction for any such offence shall be of the First same effect as a conviction for the offence on indictment pos Nos. before the court, and the magistrate may make the like order 38 and 83. for the restitution of property as might have been made by the court; and
Schedule.
(4) the order of dismissal shall be filed by the magistrates' First clerk in like manner as the conviction is hereby required to Form No. 84. be filed, and together with the order of dismissal or the conviction, as the case may be, there shall be filed by such clerk in each case the written charge, the lepositions of the witnesses, and the statement, if any, of the accused.
:
Summary
indictable
82. Where any person is accused of stealing from the Special person or of any offence within the meaning of either of powers for sections 44 and 45 of the Offences against the Person Ordi- trial of nance, 1865, it shall be lawful for a magistrate to hear the certain case and convict the accused summarily fand to sentence him offences. to imprisonment for any term not exceeding one year, or to Ordince commit the accused for trial before the court; and it shall No. 2 of 1865. [cf. ss. 38 and also be lawful for two magistrates to sit together to hear the 80.] case, and they may, if they think fit, summarily convict the accused and sentence him to imprisonment for any term not exceeding two years, or they may commit the accused for trial before the court.
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PART V.
SPECIAL POWERS
Miscellaneous.
magistrate
magistrates.
83. In all proceedings before two magistrates sitting issue of pro- together upon any complaint or information, it shall be lawful cess by one for one magistrate to receive such complaint or information, though hear- and to grant a summons or warrant to compel the attendance ing before two of any witnesses, and to do all other necessary acts and 11 & 12 Vict. matters preliminary to the hearing, even in cases where by c. 43, s. 29. the Ordinance or statute in that behalf such complaint or information must be heard-and-determined by two magistrates sitting together, and after the-case- has been so heard and determined one magistrate may issue all warrants of distress or commitment thereon: Provided always that in any case where any such complaint or information is heard and determined by two magistrates, or a conviction or order is made by two magistrates, such magistrates must be present
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