the-ordinances-of-the-legislative-counci-1890v2 — Page 593

1183
MAGISTRATES . ( 10 OF 1890. ]
16. ( 1. ) Before or during the hearing of any complaint or ofAdjournment
the hearing.
any information as aforesaid it shall be lawful for a Magistrate (11 and 12 :
in his discretion to adjourn the hearing of the same to a certain č. 43, 8. 16.]
time and place to be then appointed and stated in the presence
and hearing of the party or parties, or their respective counsel,
and in the meantime the Magistrate granting and making such
adjournment may suffer the defendant to go at large, or may
commit ( iv. ) him to prison or some other place of security or
to such other safe custoly as the said Magistrate shall think
fit, or may discharge such defendant upon his entering into a
recognisance ( v. ) with or without surety or sureties, at the
discretion of such Magistrate conditioned for his appearance at
the time and place to which such hearing or further hearing
shall be adjourned : provided always , that in all cases where a
defendant shall be discharged on recognisance as aforesaid, and
shall not afterwards appear at the time and place mentioned in
such recognisance, the Magistrate then present, shall certify
( vii. ) 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 forth with issue his warrant
to apprehend the defendant.
( 2. ) If at the time and place to which such hearing or further
hearing shall be so adjourned the complainant or prosecutor
shall not appear personally or by counsel the Magistrate then
present may dismiss such complaint or information with or
without costs as to such Magistrate shall seem fit, and if at the
time and place aforesaid the defendant shall not appear person
ally or by counsel the Magistrate may issue his warrant for the
defendant's apprehension and may adjourn the proceedings for
such time as he thinks requisite.
General Provisions.
17. If it shall be made to appear to a Magistrate by the oath Power to
of any credible person , that any person within the Colony is Magistrate to
likely to give material evidence on behalf of the complainant or witnessesto
prosecutor or defendant, and will not voluntarily appear for give
attendevidenc
and e ,
the purpose of being examined as a witness at the time and {11 and 12 v .
place appointed for the hearing of such complaint or information č. 43, s. 7.)
as aforesaid such Magistrate shall issue bis summons ( VIII . ) to
such person under his hand and seal , requiring him to be and
appear at a time and place mentioned in such summons before
a Magistrate to testify what he shall know, concerning the
matter of the said complaint or information , and if any person If summons
so summoned shall neglect or refuse to appear at the time and Magistrate
be notobeyed,
place appointed by thesaid summons, and no just excuse shall may issue .
be offered for such neglect or refusal, then after proof upon oath warrant.
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