CAP. 227]
[s. 30 cont.]
Rules. Form 5.
Rules. Form 7.
Non-avoidance of summons or warrant by death of magistrate.
• Magistrates.
the evidence adduced on the part of the complainant or informant; but if any such variance appears to the magistrate at the hearing to be such that the party apprehended has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody, as the magistrate may think fit, or to discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided also that in every case where a defendant is discharged on recognizance as aforesaid and does not afterwards appear at the time and place mentioned therein, the magistrate then present shall certify on the back thereof the non-appearance of the defendant and may declare the same to be forfeited, and may also forthwith issue a warrant for the apprehension of the defendant.
[24
31. Any warrant or summons issued by a magistrate under this or any other Ordinance or statute shall not be avoided by reason of the magistrate who signed the same dying or ceasing to hold office.
42 & 43 Vict. c. 49, s. 87.
Provisions as to proceedings, etc.
11 & 12 Vict. c. 48, s. 14; 42 & 43 Vict. c. 49, s. 89.
[25
32. The following provisions shall apply to proceedings before magistrates-
(a) the description of any offence in the words of the Ordinance or statute or any order, by-law, regulation or other document creating the offence, or in similar words, shall be sufficient in law;
(b) any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by-law, regulation or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the complainant.
248
CAP. 227]
[s. 30 cont.]
Rules. Form 5.
Rules. Form 7.
Non-
avoidance
of summons
or warrant
by death of magistrate.
•
Magistrates.
the evidence adduced on the part of the complainant or informant; but if any such variance appears to the magistrate at the hearing to be such that the party ap- prehended has been thereby deceived or misled, it shall be lawful for the magistrate, on such terms as he may think fit, to adjourn the hearing of the case to some future day, and in the meantime to commit the defendant to prison or some place of security or to such other custody. as the magistrate may think fit, or to discharge him on his entering into a recognizance, with or without a surety or sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place to which the hearing is so adjourned: Provided also that in every case where a defendant is discharged on recognizance as aforesaid and does not afterwards appear at the time and place mentioned therein, the magistrate then present shall certify on the back thereof the non-appearance of the defendant and may declare the same to be forfeited, and may also forthwith issue a warrant for the apprehension of the defendant.
[24
31. Any warrant or summons issued by a magistrate under this or any other Ordinance or statute shall not be avoided by reason of the magistrate who signed the same
42 & 43 Vict. dying or ceasing to hold office.
c. 49, s. 87.
Provisions
as to
proceedings,
etc.
11 & 12 Vict.
c. 48, s. 14;
42 & 43 Vict. c. 49, 8, 89.
[25
32. The following provisions shall apply to proceed- ing before magistrates-
(a) the description of any offence in the words of the Ordinance or statute or any order, by-law, regula- tion or other document creating the offence, or in similar words, shall be sufficient in law; (b) any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany in the same section the description of the offence in the Ordinance or statute, order, by- law, regulation or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the complaint or information, and if so specified or negatived no proof in relation to the matter so specified or negatived shall be required on the part of the
248
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