1964_MAGISTRATES_ORDINANCE — Page 30

C

1988 Ed.]

Magistrates

[CAP. 227

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(c) a warrant of commitment shall not be held void by reason of any defect therein, if it is alleged that the offender has been convicted or ordered to do or to abstain from doing any act or thing required to be done or left undone, and there is a good and valid conviction or order to sustain the same;

(d) a warrant of distress shall not be deemed void by reason only of any defect therein, if it is therein alleged that a conviction or order has been made, and there is a good and valid conviction or order to sustain the same, and a person acting under a warrant of distress shall not be deemed a trespasser ab initio by reason only of any defect in the warrant or of any irregularity in the execution of the warrant; but this enactment shall not prejudice the right of any person to satisfaction for any special damage caused by any defect in or irregularity in execution of a warrant of distress; and

(e) all goods forfeited by order of a magistrate may be sold in such manner as the magistrate may direct.

Minute of proceedings

[cf. U.K. 1879 c. 49, s. 39]

34. (1) In all proceedings under this Part the magistrate at the hearing shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters (See Form 19)

(a) the nature of the complaint, if an oral complaint has been made;

(Amended, 49 of 1965, s. 7)

(b) the names of the complainant, informant or prosecutor, and of the defendant, and of the respective witnesses on either side;

(c) the evidence or depositions of the witnesses;

(d) objections to the admissibility of evidence and whether the same have been allowed or disallowed; and

(e) the fines, if any, paid into court.

(2) The minute shall, immediately after the close of the case, be handed to the magistrates' clerk for safe custody.

Register of cases and proof thereof

35. (1) The magistrates' clerk shall keep a register in the prescribed form of the minutes or memoranda of all the convictions and orders of the magistrate and of such other proceedings as are directed by rules made under section 133 to be registered. (Amended, 2 of 1955, s. 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.

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