the-ordinances-of-the-legislative-counci-1890v2 — Page 588

1178
( 10 of 1890.] MAGISTRATES .


PART II .
CONSTITUTION OF MAGISTRATES.
Police 7. There shall be as heretofore two Magistrates who shall be
Magistrates. Justices of the Peace by virtueof their oilice and shall have and
1875, s.s. 3 exercise all such powers and jurisdiction as were rested in
& 14. ]
Police Magistrates before the coming into operation of this
ordinance except as altered or repealed by this or any other
ordinance ; and whenever by any past ordinance or statute in
force in the Colony any proceeding act or thing is authorised to
be taken or done by a Justice or Justices of the Peace the same
may be taken or done by one Magistrate. The Magistrates
now in office are continued therein as fully as if they were
appointed under this ordinauce, and the Governor may appoint
others from time to time as vacancies occur.
Marine
8. There shall as heretofore be a Marine Magistrate who
[Ibid.S. 14.) without prejudice to any other jurisdiction, power, or authority
possessed by him shall have the power and authority of a
Magistrate to hear and determine cases of assault and assault
and battery where there is no intent to commit a felony and
the provisions in this ordinance contained , in relation to the
procedure before a Magistrate in such cases, shall apply mutatis
mutandis to cases before the Marine Magistrate.
Justice may
9. ( 1. ) In all cases where a Magistrate may issue a warrant
issue warrant. for the apprehension of any person, it shall in his discretion be
lawful for a Justice of the Peace upon the application of a Police
officer and upon oath being made before him substantiating the
matter of the information to his satisfaction to issue such warrant
in order that such person may be brought before a Magistrate
to be dealt with according to law.
Powers of
Justices of
( 2. ) It shall be lawful for the Governor from time to time as
the Peace . occasion may require to direct that any two Justices of the
[ Ibid.s. 15.] Peace of the Colony sitting together, shall have the powers and
jurisdiction that a Nagistrate has by this ordinance and thereupon
all the provisions in this ordinance in relation to proceedings
before a Magistrate shall apply to the proceedings before such
justices. Such direction shall name a place where the said
Justices are to sit.
Evidence of
( 3. ) If any question shall arise as to the right of any person
exercise office to exercise the office of a Magistrate, Marine Magistrate or
ofMagistrate, Justice of the Peace or of the right of any Justice of the
&c. , or
Festive of the Peace to act as a Magistrate under any appointment in pur
Peace to act
as Magistrate. suance of this section, the production of theGazette nominating
| No. 10 of or appointing such person to exercise the office of Magistrate,
1841, s. 16. ] Marine Magistrate or Justice of the Peace or such Justice of the