the-ordinances-of-the-legislative-counci-1890v2 — Page 609

MAGISTRATES . ( 10 of 1890. ] 1199

and in such sum and for such term as the Magistrate shall think
fit so as such sum do not exceed two hundred dollars nor such
term twelve months.
50. The power of a Magistrate upon complaint of any per- Power to bind
son, to adjudge a person to enter into a recognisance and find over to
the peace,, &loc..
exercised
sureties to keep the peace or to be of good behaviour towards onto becomplaint.
such first-mentioned person. ( xxvII .) shall be exercised by an [42 & 43 V.
order upon complaint , ( xxvII. ) and the provisions of this ordi- c. 49, s.25.]
nance shall apply accordingly, and the complainant and defend
ant and witnesses may be called and examined and cross-ex
amined, and the complainant and defendant shall be subject to
costs, as in the case of any other complaint.
The Magistrate may order the defendant, in default of com
pliance with such last mentioned order, to be imprisoned for a
period not exceeding six months.
51. When a person has been committed to prison by a reduc Power to
Magistrate for default in finding sureties, a Magistrate may on securietyor. vary
application ( xxx11. ) made to him in manner directed by the rules [+2 & 13 v.
in the 3rd schedule hereto by such person or by some one act- č. 49, s. 26.]
ing on his behalf, inquire into the case of the person so com
mitted, and if upon new evidence produced to such Magistrate
of proof of aa change of circumstances the Magistrate thinks fit
having regard to all the circumstances of the case, that it is just
so to do, he may reduce theamount for which it is proposed
the sureties or surety should be bound , or dispense with the
sureties or surety, or otherwise deal with the case as he may
think just . ( XXXIII. )
52. When a Magistrate has fixel , as respects any recogni- Recog
sance , the amount in which the principal and the sureties ( if taken out of
any) are to be bound, the recognisance, notwithstanding any- 43Court.
V. c.[12
49, &
thing in this or any past ordinance or statute need not be s. 42. ]
entered into before such Magistrate but may subject to the rules
in the 3rd schedule hereto be entered into by the parties before
another Magistrate or before the Magistrate's clerk or before a
Superintendent or Inspector of Police or other officer of Police
of equal orsuperior rank or where any of the parties is in prison
before the Superintendent thereof and thereupon all the con
sequences of law shall ensue and the provisions of this ordinance
with respect to recognisances taken before a Magistrate shall
apply as if the recognisance had been entered into before a
Magistrate as heretofore by law required .
53. ( 1. ) A person shall give security under this part of the Security how
ordinance, whether as principal or surety, either by the deposit to$4.2be given
asen:.
of money with the Magistrate's clerk or by an oral or written c. 49, s.23 ]
acknowledgment (v. , xxxiv. ) of the undertaking or condition