the-ordinances-of-the-legislative-counci-1890v2 — Page 615

MAGISTRATES . [ 10 of 1890. ) 1205

examination commit him for trial or adunit him to bail in manner
hereinafter mentioned : and if such person against whom an
information is so filed by the Attorney General as aforesaid shall
be confined in prison for any other offence than that charged in
the information at the time of such application and production
of the said certificate to a Magistrate, it shall be lawful for such
Magistrate and he is hereby required upon its being proved
before bim on oath that the accused and the person so confined
in prison are the same person to issue his warrant directed to
the Superintendent of the prison commanding him to detain the
accused in his custody until by a writ of Ilabeas corpus he shall
be removed therefrom for the purpose of being tried upon the
information of the Attorney General or until he shall otherwise
be removed therefrom or discharged out of his custody by due
course of law .
65. In all cases where a charge or complaint for any indictable Information
offence shall be made before a Magistrate, if it be intended to warrant in
issue a warrant in the first instance against the accused , an the first
instance to be
information and complaint thereof in writing on the oath of the in writing
informant or of some witness or witnesses in that behalf shall (and on oath.
11 & 12 V.
be laid before such Magistrate : provided always, that in all C. 42, s. 8. ]
cases where it is intended to issue a summons instead of a
warrant in the first instance, it shall not be necessary that such
information and complaint shall be in writing or be sworn to in
manner aforesaid but in every such case such information and
complaint may be by parol merely and without any oath what
erer to support or substantiate the same : provided also, that
no oljection shall be taken or allowed to any information or
complaint for any alleged defect therein in substance or in form
or for any variance between it and the evidence adduced on the
part of the prosecution before the Magistrate who shall take
the examination of the witnesses in that behalf as hereinafter
mentioned .
66. The provisions with reference to summonses hiereinbefore toProvision as
summonses.
contained in Part III . of this ordinance in relation to offences How served,
punishable summarily shall apply equally mutatis mutandis to &( 11c. & 12 V.
summonses under this part of the ordinance. c. 42, s. 9. ]
67. The provisions with reference to the form of warrants, Provisions as
the direction to be contained therein and the execution thereof to[ 11warrants.
& 12 V.
herein before contained in Part III . of this ordinance in relation c. 42, s. 10.)
to offences punishable summarily shall apply equally mutatis
mutandis to warrants under this part of the ordinance.
68. All warrants to apprehend any person charged with an Warrant to
indictable offence and all search warrants in respeit of similar anprebarch
offences may be granted issued and executed on Sunday or any issuable on
day declared by law to be a dies non as well as any other day Sunday
21 & 22 V.
and at any hour by day or night. c. 42, s. 4.]