the-ordinances-of-the-legislative-counci-1890v2 — Page 594

1181 ( 10 of 1890. ] MAGISTRATES .


of such summons having been served upon such person , either
personally or by leaving the same for him with some person at
his last or most usual place of abode, and that a reasonable sum
( where in the opinion of the Magistrate necessary ) was paid or
tendered to him for his costs or expenses in that behalf, it shall
be lawful for the Magistrate before whom such person should
have appeared to issue a warrant ( ix. ) under his hand and seal
to bring and have such person , at a time and place to be therein
In certain mentioned, before such Magistrate to testify as aforesaid , or if
cases may
issue warrant such Magistrate shall be satisfied by evidence upon oath that it
in the first
instance.
is probable that such person will not attend to give evidence
without being compelled so to do, then , instead of issuing such
Persons
summons, it shall be lawful for him to issue his warrant ( x . )
summons,& cc.,. in the first instance; and if on the appearance of such person so
refusing to be summoned before the said last mentioned Magistrate either in
examined ,
may be
committed .
obedience to the said summons or upon being brought before
him by virtue of the said warrant, such person shall refuse to
be examined upon oath concerning the premises, or shall refuse
to take such oath, or, having taken such oath, shall refuse to
answer such questions concerning the premises as shall then be
put to him , without offering any just excuse for such refusal,
the Magistrate may by warrant under his hand and seal commit
( x1 . ) the person so refusing to prison there to remain and be
imprisoned for any time not exceeding two months, unless he
sball in the meantime consent to be examined and to answer
concerning the premises or may impose a fine on such person
not exceeding twenty dollars.
Variance be .
tween inform
18. In all cases of informations for any offences punishable
ation and on summary conviction any variance between such inforination
evidence . and the evidence adduced in support thereof as to the time at
[.11 and 9.12] V. which such offence or act shall be alleged to have been committed
shall not be deemed material, if it be proved that such inform
ation was in fact laid within the time limited by law for laying
the same; and any variance between such information and the
evidence adduced in support thereof as to the place in which
the offence or act shall be alleged to have been committed shall
not be deemed material, provided that the offence or act be
proved to have been committed within the jurisdiction of the
Magistrate by whom such information shall be heard and
determined ; and if any such variance, or any variance in any
other respect between such information and the evidence adduceil
in support thereof, shall appear to the Magistrate present and
acting at the bearing to be such that the party charged by such
information has been thereby deceived or misled, it shall be
lawful for such Magistrate upon such terms as he shall think
fit, to adjourn the hearing of the case to some future day, and
in the meantime to commit the said defendant to prison or some