the-ordinances-of-the-legislative-counci-1890v2 — Page 599

MAGISTRATES . ( 10 of 1890.] 1189


ab initio hy reason only of any defect in the warrant,
or ofany irregularity in the execution of the warrant,
but this enactment shall not prejudice the right of
any person to satisfaction for any special damage
caused by any defect in or irregularity in the execu
tion of a warrant of distress, so however that if
amends are tendered before suit or action brought,
or if the suit or action is brought, are paid into
Court in the suit or action, and the plaintiff does
not recover more than the sim so tendered and
paid into Court, the plaintiff shall not be entitled
to any costs incurred after such tender, and the
defendants shall be entitled to their taxed costs ; and
( 5. ) All goods forfeited by order of a Magistrate may be
sold or disposed of in such manner as the Magistrate
may direct, and the proceeds of such sale shall be
applied in the like manner as if the proceeds were
a fine imposed under the ordinance or statute on
which the proceeding for the forfeiture is founded .
29. In all proceedings under this part of this ordinance the Minutes of
Magistrate at the hearing shall take or cause to be taken in proceedings.
writing a full minute, so far as circumstances permit, ( XII. ) 1844,s.2.))
of the following matters, viz. :
( 1. ) The nature of the complaint or information.
( 2. ) The names ofthe complainant, informant or prosecutor
and of the defendant and of the respective witnesses
on either side.
( 3. ) The evidence or depositions of the witnesses .
( 4. ) Objections to the admissibility ofevidence and whether
the same have been allowed or disallowed .

( 5. ) Of the penalties, if any, paid into Court.
Such minute shall, immediately after the close of the case, be
handed to the Magistrate's clerk for safe custody.
30. ( 1. ) The Magistrate's clerk shall keep a register of the Register of
minutes or memoranda of all the convictions and orders of the cases to be
kept.
Magistrate or Magistrates, and of such other proceedings as are (42 & 43 V.
directed by the rules contained in the 3rd schedule hereto to be c. 49, s. 22. ]
registered , and shall keep the same in the form (Lx .) in the
2nd schedule hereto and with the particulars prescribed in the
said form or rules.

( 2. ) Such register, and also any extract from such register
certified by the clerk keeping the same to be a true extract,
shall be prima facie evidence of the matters entered therein for