the-ordinances-of-the-legislative-counci-1890v2 — Page 592

1182 [ 10 of 1890. ) MAGISTRATES ,


afterwards appear at the time and place mentioned in such
recognisance, the Magistrate then present shall certify ( v11.)
on the back of the recognisance the non -appearance of the
defendant, and may declare the same to be forfeited in manner
hereinafter provided, and may also issne bis warrant for the
apprehension of the defendant ; but if both parties appear either
personally or by their respective counsel before the Magistrate
who is to hear and determine such complaint or information,
then the said Magistrate shall proceed to hear and determine
the same .
Proceedings 15. Where the defendant shall be present at the hearing, the
at the hearing.
( 11 and 12 v. substance of the complaint or information shall be stated to him
č.43,6.14,18 and he shall be asked if he have any cause to show why he
and 19 V. c.
126, s. 4. ] should not be convicted, or why an order should not be made
against him as the case may be and if he thereupon admit the
truth of such complaint or information and show no cause or
no sufficient cause why he should not be convicted , or why an
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order should not be made against him as the case may be then
the Magistrate present at the hearing shall convict him or make
an order against bim accordingly ; but if he do not admit the
truth of such complaint or information as aforesaid , then the
Magistrate shall proceed to hear upon oath the complainant or
prosecutor, and such witnesses as may be produced in support
of the complaint or information and also to hear the defendant
and such evidence as may be adduced in defence and also to
hear and examine such other witnesses as the complainant or
prosecutor may examine in reply if the defendant or his counsel
shall have examined any witnesses or given any evidence other
than as to the defendant's general character ; and the Magis
trate having heard what each party shall have to say as afore
said and the witnesses and evidence so adduced shall consider
the whole matter and determine the same and shall convict or
make an order on the defendant or dismiss the complaint or
information as the case may be ( xxv. ) ; and if he convict the
defendant or make an order against him a minute or memoran
dum thereof shall then be made for which no fee shall be paid ,
and the conviction or order shall afterwards be drawn up by
the said Magistrate in proper form under bis hand and seal, and
he shall cause the same to be lodged with the Magistrate's clerk,
who shall register the same as hereinafter provided ; or if the
said Magistrate shall dismiss such complaint or information it
shall be lawful for such Magistrate if he shall think fit upon
being required so to do to make an order of dismissal of such
complaint or information and shall give the defendant in that
behalf a certificate thereof ( xxxix. ) which said certificate shall
be a bar to any subsequent complaint or information for the
same matters respectively against the same party .