the-ordinances-of-the-legislative-counci-1890v2 — Page 590

liso [ 10 OF 1890.] MAGISTRATES .


Warrant in
laid as aforesaid the Magistrate before whom such information
first instance. shall have been laid may, if he shall think fit, upon oath being
made before him substantiating the matter of such information
to his satisfaction, instead of issuing such summons as afore
said , issue in the first instance his warrant ( 111. ) for apprehend
ing the person against whom such information shall have been
so laid, ind for bringing him before a Magistrate to answer to
Summuns
the said information, and to be further dealt with according to
disobeyed law ; in any case where a Magistrate is empowered to make an
proceedings order for the payment of money or otherwise where a summons
ex parte.
shall be so issued as aforesaid , and upon the day and at the
place appointed in and by the said summons for the appearance
of the party so summonel, such party shall fail to appear ac
cordingly in obedience to such summons, then and in every
such case,
, if it be proved upon oath to a Magistrate that such
summons was duly served upon such party a reasonable time
before the time so appointed for his appearance as aforesaid , it
shall be lawful for such Magistrate to proceed ex parte to the
hearing of such complaint or information, and to adjudicate
thereon, as fully and effectually, to all intents and purposes, as
if such party bad personally appeared before him in obedience
to the said summons .
Manner of
making
12. Every complaint and every information under this part
plaint or lay of the ordinance unless some particular ordinance or statute in
ing inform- force in the Colony shall otherwise require, may respectively
ation .
[11 and 12 v . be made or laid without any oath being inade of the truth
c. 43 , s . 10.) thereof; except in cases of informations where the Magistrate
receiving the same shall thereupon issue his warrant in the first
instance to apprehend the defendant as aforesaid, and in every
such case where the Magistrate shall issue his warrant in the
first instance, the matter of such information shall be substan
tiated by the oath of the informant, or by some witness or
witnesses on his behalf, before any such warrant shall be issued ;
and every such complaint shall be for one inatter of complaint
only, and not for two or more matters of complaint; and every
such information shall be for one offence only, and not for two
or more offences ; and every such complaint or information
may be laid or made by the complainant or informant in person,
or by his counsel or other person authorised in that behalf.
Hearing in 13. The room or place in which a Magistrate shall sit to
open
l'11 and 12. v. hear and try any complaint or information shall be deemed an
C. 43, s. 12.] open and public Court, to which the public generally may have
access, so far as the same can conveniently contain thern unless
the Magistrate shall otherwise direct where the evidence is of
an indecent character in which case he shall make a note on
the depositions of the direction he has given ; and the party