1950_MAGISTRATES_ORDINANCE — Page 51

Magistrates.

[CAP. 227

Form 72.

Form 73.

(3) The said recognizance, being duly acknowledged by the person entering into the same, shall be subscribed by the magistrate before whom the same is acknowledged, and a notice thereof, signed by the said magistrate, shall at the same time be given to the person bound thereby: Provided always that if any such witness for the prosecution or defence Rules. refuses to enter into or acknowledge such recognizance as aforesaid, it shall be lawful for the magistrate, by his war- rant, to commit him to prison there to be safely kept until Rules. after the trial of the accused, unless in the meantime such witness duly enters into such recognizance as aforesaid before a magistrate: Provided nevertheless that if afterwards, from want of sufficient evidence in that behalf or other cause, the magistrate before whom the accused has been brought does not commit him or hold him to bail for the offence with which he is charged, it shall be lawful for a magistrate by his Rules. order in that behalf, to order and direct the Commissioner of Prisons to discharge such witness from prison, and the said Commissioner shall thereupon forthwith discharge him accordingly Provided further that all-such-recognizances so taken, together with the written-information,-if-any, or summons, the depositions-on either-side and the statement of sof 1945.3 the-accused, if any, shall be kept together-until the close of the-case-before-the-magistrate,-and-if-the accused-is then-com- mitted for trial shall be transmitted by the magistrate, or he shall cause the same-to-be transmitted,--to- the Attorney General:

[78

:

Form 74.

Discharge or

committal

[cf. 11 & 12

c. 42, s. 25

15 & 16

84. (1) If after hearing all the evidence offered on the part of the prosecution and the evidence, if any, of accused of accused. and his witnesses and after taking into consideration any vict. statement made by the accused, the magistrate is of opinion and that there is not sufficient evidence to put the accused upon, Geo. 5, his trial for any indictable offence, the magistrate shall forth- s. 12' (8).] with order the accused, if in custody, to be discharged as to 24 of 1949, 8.26. the complaint or information then under inquiry, but such discharge shall not be a bar to any subsequent complaint or information in respect of the same facts.

(2) If in the opinion of the magistrate, after hearing such evidence as aforesaid and taking into consideration any statement of the accused, such evidence is sufficient to put the accused upon his trial for an indictable offence, or if the

277-

c. 86,