CAP. 227]
[s. 41 cont.]
Prosecution and punishment of aider or abettor.
11 & 12 Vict. c. 43, s. 5.
Rule as to cumulative sentences for assault.
11 & 12 Vict. c. 49, s. 18.
Magistrates.
and the magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.
[36
42. Every person who aids, abets, counsels or procures the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.
[37
43. A special magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the provisions contained in section 91.
24 of 1949, s. 14.
Search warrant for thing stolen or unlawfully obtained.
[38
44. If information is given upon oath to any magistrate or justice of the peace that there is reasonable cause for suspecting that any thing stolen or unlawfully obtained is concealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any police officer, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may empower such officer, with such assistance as may be found necessary (such officer having previously made known such his authority), to use force for effecting such entry, whether by breaking open doors or otherwise; and if, on search thereupon made, any such thing is found, then to convey the same before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate, or otherwise to dispose thereof in some place of safety, and moreover to take into custody and carry before a magistrate every person found in such house or place who appears to have been privy to the deposit of any
254
:
CAP. 227]
[s. 41 cont.]
Prosecution and punish- ment of aider or abettor.
11 & 12 Vict. c. 43, s. 5.
Rule as to cumulative sentences
for assault.
c. 49, s. 18.
Magistrates.
and the magistrate may, if he is of opinion that the property or any portion thereof can be returned consistently with the interests of justice and with the safe custody of the accused or defendant, direct such property or any portion thereof to be returned to the accused or defendant or such other person as he may direct.
[36
42. Every person who aids, abets, counsels or procures the commission of any offence punishable by a magistrate on summary conviction shall be liable to be proceeded against and convicted for the same, either together with the principal offender or before or after his conviction, and shall be liable to the same punishment and penalties as such principal may by law be liable.
[37
43. A special magistrate shall not, by cumulative sentences of imprisonment (other than for default of finding 42 & 43 Vict. sureties) to take effect in succession in respect of several assaults committed on the same occasion, impose on any person imprisonment for the whole exceeding six months; but nothing in this section shall be deemed to affect the provisions contained in section 91.
24 of 1949, s.14.
Search
warrant for thing stolen
or unlawfully obtained.
[38
44. If information is given upon oath to any magistrate or justice of the peace that there is reasonable cause for suspecting that any thing stolen or unlawfully obtained is concealed or lodged in any dwelling-house or other place, it shall be lawful for the magistrate or justice, by special warrant under his hand directed to any police officer, to cause every such dwelling-house or place to be entered and searched at any time of the day or by night, if power for that purpose is given by such warrant; and the magistrate or justice may empower such officer, with such assistance as may be found necessary (such officer having previously made known such his authority), to use force for effecting such entry, whether by breaking open doors or otherwise; and if, on search thereupon made, any such thing is found, then to convey the same before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate, or otherwise to dispose thereof in some place of safety, and moreover to take into custody and carry before a magistrate every person found in such house or place who appears to have been privy to the deposit of any
254
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