CAP. 227]
Magistrates.
[s. 34 cont.] proceedings as are directed by rules made under section 131 to be registered.
Power to permit conditional release of offenders.
7 Edw. 7, c. 17, s. 1. (1), (3), (4).
(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3) The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.
(4) Every sum paid to the magistrates' clerk in accordance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by rules made under section 131.
(5) Every such register shall be open for inspection, without fee or reward, by a magistrate or by any person authorized in that behalf by a magistrate or by the Governor or Colonial Secretary.
[29
Special provisions.
35. (1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health
24 of 1949, s.11.
or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to release the offender on probation, the magistrate may without proceeding to conviction make an order either-
Rules. Forms 26, 45.
Forms 5, 21.
(a) dismissing the information or charge; or
(b) discharging the offender conditionally on his entering into a recognizance, with or without sureties, in a sum not greater than five hundred dollars, to be of good behaviour and to appear for conviction and sentence when called on at any time during such
250
W
CAP. 227]
Magistrates.
[s. 34 cont.] proceedings as are directed by rules made under section 131
to be registered.
Power to
permit condi- tional release of offenders.
7 Edw. 7,
c. 17, s. 1.
(1), (3), (4).
(2) The register, and also any extract from the register certified by the clerk keeping the same to be a true extract, shall be prima facie evidence of the matters entered therein for the purpose of informing a magistrate, but nothing in this section shall dispense with the legal proof of a previous conviction for an offence when required to be proved against a person charged with another offence.
(3) The entries relating to each minute, memorandum or proceeding shall contain the name of the magistrate before whom the conviction, order or proceeding referred to therein was made or had.
(4) Every sum paid to the magistrates' clerk in accor- dance with this Ordinance, and the appropriation of such sum, shall be entered and authenticated in the manner directed by rules made under section 131.
(5) Every such register shall be open for inspection, without fee or reward, by a magistrate or by any person authorized in that behalf by a magistrate or by the Governor or Colonial Secretary.
[29
Special provisions.
35. (1) Where any person is charged before a magistrate with an offence punishable on summary conviction, and the magistrate thinks that the charge is proved but is of opinion that, having regard to the character, antecedents, age, health 24 of 1949, s.11. or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punish- ment, or that it is expedient to release the offender on proba- tion. the magistrate may without proceeding to conviction make an order either-
Rules. Forms 26, 45.
Forms 5, 21.
(a) dismissing the information or charge; or (b) discharging the offender conditionally on his enter- ing into a recognizance, with or without sureties, in a sum not greater than five hundred dollars, to be of good behaviour and to appear for conviction and sentence when called on at any time during such
250
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