MAGISTRATES.
No. 3 of 1890.
447
(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf.
an open and public court, to which the public generally may have access, so far as the same can conveniently contain them, unless the magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
13.—(1) The room or place in which a magistrate sits to hear and try any complaint or information shall be deemed an open and public court, to which the public generally 11 & 12 Vict. c. 43, s. 12. may have access, so far as the same can conveniently contain them, unless the magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
(2) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined, by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct the complaint or information respectively, and to have the witnesses examined and cross-examined, by counsel on his behalf.
appearance thereon.
14.—(1) If, at the time and place appointed in and by the summons aforesaid for hearing and determining the complaint or information as aforesaid, the defendant against whom the same has been made or laid does not appear when called, the constable or officer who has served him with the summons in that behalf shall then declare upon oath in what manner he served the summons, and if it appears, to the satisfaction of the magistrate, that he duly served the summons, the magistrate may proceed to hear and determine the case in the absence of the defendant, or the magistrate, on the non-appearance of the defendant as aforesaid, may issue his warrant in manner hereinbefore directed, and shall adjourn the hearing of the complaint or information until the defendant is apprehended; and when the defendant is afterwards apprehended under the warrant, he shall be brought before a magistrate, who shall thereupon either by his warrant commit the defendant to prison or to some other place of security or, if he thinks fit, verbally to the custody of the police officer who has apprehended him or to such other safe custody as he may deem fit, and order the defendant to be brought up at a certain time and place before a magistrate, of which said order the complainant or informant shall have due notice.
* As amended by No. 29 of 1915.
Schedule.
MAGISTRATES.
No. 3 of 1890.
447
(3) Every such complaint or information may be made or laid by the complainant or informant in person or by his counsel or other person authorised in that behalf.
an open and public court, to which o
hearing.
13-(1) The rooni or place in which a magistrate sits to Place and hear and try any complaint or information shall be deemed manner of
public generally 11 & 12 Vict. may have access, so far as the same can conveniently contain c. 43, s. 12. them, unless the magistrate otherwise directs where the evidence is of an indecent character, in which case he shall make a note on the depositions of the direction which he has given.
(2) The party against whom the complaint is made or information laid shall be admitted to make his full answer and defence thereto, and to have the witnesses examined and cross-examined, by counsel on his behalf; and every complainant or informant in any such case shall be at liberty to conduct the complaint or information respectively, and to have the witnesses examined and cross-examined, by counsel on his behalf.
appearance
thereon.
*
14.-(1) If, at the time and place appointed in and by the Non-appear- summons aforesaid for hearing and determining the com- ance and plaint or information as aforesaid, the defendant against of parties, and whom the same has been made or laid does not appear when procedure called, the constable or officer who has served him with the 11 & 12 Vict. sunmons in that behalf shall then declare upon oath in what c. 43, s. 13. manner he served the summons, and if it appears, to the satisfaction of the magistrate, that he duly served the summons, the magistrate may proceed to hear and determine the case in the absence of the defendant, or the magistrate, on the non-appearance of the defendant as aforesaid, may issue his warrant in manner hereinbefore directed, and shall First adjourn the hearing of the complaint or information until the Form No. 12: defendant is apprehended; and when the defendant is after- wards apprehended under the warrant, he shall be brought before a magistrate, who shall thereupon either by his warrant commit the defendant to prison or to some other place of security or, if he thinks fit, verbally to the custody of the police officer who has apprehended him of to such other safe custody as he may deem fit, and order the defend- ant to be brought up at a certain time and place before a magistrate, of which said order the complainant or informant shall have due notice.
* As amended by No. 29 of 1915.
Schedule.
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