the-ordinances-of-the-legislative-counci-1890v2 — Page 600

1190 ( 10 OF 1890. ) MAGISTRATES .


the purpose of informing a Magistrate or the Magistrates, but
nothing in this section shall dispense with the legal proof of a
previous conviction for an offence when required to be proved
against a person charged with another offence.
(3.) The entries relating to each minute, memorandum or
proceeding shall contain the name of the Magistrate before whom
the conviction or order or proceeding referred to in the minute
or memorandum was made or had .
( 4. ) Every sum paid to the Magistrate's clerk in accordance
with this ordinance, and the appropriation of such sum shall
be entered and authenticated in such manner directed by the
rules in the 3rd schedule hereto .
( 5. ) Every such register shall be open for inspection, without
fee or reward , by a Magistrate, or by any person authorised in
that behalf by a Magistrate or by the Governor or Colonial
Secretary
Special Provisions.
Power to
discbarge 31. If upon the hearing of a charge for an offence punisbable
defendant on summary conviction under this ordinance , or under any other
without
punishment. ordinance or statute whether past or future, the Magistrate thinks
[ 42 & 43 V. that though the charge is proved the offence was in the parti
c . 49, s. 16.]
cular case of so trifling a nature that it is inexpedient to inflict
any punishment, or any other than a nominal punishment -
( 1. ) The Magistrate without proceeding to conviction ,may
dismiss the complaint or information, and if he
thinks fit, may order the defendant to pay such
damages, not exceeding ten dollars, and such costs
of the proceeding, or either of them , as the Magis.
trate thinks reasonable ( XXVI . , XLV.; ) or,
( 2. ) The Magistrate upon convicting ( xxi . ) the defendant
may discharge him conditionally on his giving
security, ( v. ), with or without sureties, to appear
for sentence when called upon , or to be of good
behaviour, and either without payment of damages
and costs, or subject to the payment of such damages
and costs, or either of them , as the Magistrate thinks
reasonable.
Fines under
$5 recovery .
32. Where aa defendant is fined a sum not exceeding five
| 8 of 1899, s. dollars and the same is not forthwith paid the Magistrate in
3. )
flicting such fine may order the defendant to be searched and
if the defendant on being searched is found to bave on his
person any sum ofmoney equalling or exceeding the amount
of his fine, it shall be lawful for the Magistrate upon oath made