the-ordinances-of-the-legislative-counci-1890v2 — Page 591

MAGISTRATES. [ 10 of 1890. ] 1181

against whom such complaint is made or information laid shall
be admitted to make his full answer and defence thereto, and
to have the witnesses examined and cross-examined by counsel
on his behalf ; and every complainant or informant in any such
case shall be at liberty to conduct such complaint or inform
ation respectively, and to have the witnesses examined and
cross-examined by counsel on his behalf .
14. If at the day and place appointed in and by the summons Non-appear
aforesaid for hearing and determining such complaint or inform- defendant,
aufen die
ation as aforesaid the defendant against whom the same shall bearing in
have been made or laid shall not appear when called, the con- adjournment
stable or officer who shall have served him with the summons in on issue of
Warrant.
that behalf shall then declare upon oath in what manner he ('11 and 12
served the said summons, and if it appear to the satisfaction of V.c.43,s.13.]
the Magistrate that he dniy served the said summons, such
Magistrate may in any case where he is empowered to make an
order for the payment of money or otherwise proceed to hear
and determine the case in the absence of such defendant, or the
said Magistrate upon the non -appearance of such defendant as
aforesaid , may , if he think fit, issue his warrant in manner
herein before directed, and shall adjourn the hearing of the said
complaint or information until the said defendant shall be ap
prehended ; and when such defendant shall afterwards be ap
prehended under such warrant he shall be bronght before a
Magistrate who shall thereupon , either by his warrant ( XII . )
commit such defendant to prison or to some other place of
security, or, if he think fit , verbally to the custo (ly of the con
stable or officer who shall have apprehended him , or to such
other safe custody as lie shall deem fit, and orler the said
defendant to be brought up at a certain time and place before a
Magistrate, of which said order the com ; lainant or informant
sball have due notice ; or if upon the day and at the place so
appointed as aforesaid such defendant shall attend voluntarily
in obedience to the summons in that behalf served upon him ,
or shall be brought before the Magistrate by virtue of any Non -appcar
warrant, then, if the complainant or informant,having had such ance of com
plainant, &c.,
notice as aforesaid , do not appear by himself or his counsel the after adjourna
Magistrate shall dismiss such complaint or information unless ment.,
for some reason he shall think proper to adjourn the hearing of
the same unto some other day upon such terms as he shall think
fit, in which case he may cominit the defendant in the meantime
to prison or some other place of security, or to such other
custody as such Magistrate shall think fit , or may discharge
him upon his entering into a recognisance ( v.) with or without
surety or sureties, at the discretion of such Magistrate condi
tioned for his appearance at the time and place to which sucli
hearing shall be so adjourned ; and if such defendant shall not