the-ordinances-of-the-legislative-counci-1890v2 — Page 616

1206 [ 10 of 1890.] MAGISTRATES .

Summons or
warrant for
69. If it shall be made to appear to a Magistrate by the oth
witness . of any credible witness that any person is likely to give material
[ 11 & 12 v. evidence on the part of the prosecution and will not voluntarily
c. 42 , s. 16.]
appear at the time and place appointed for the examination of
the witnesses against the accused the Magistrate may enforce
the attendance of such witness in the manner herein before
provided in Part III . of this ordinance for the enforcing the
attendance of a witness under the summary jurisdiction of such
Magistrate; if on the appearance of such witness he shall refuse
to be examined upon oath concerning the matter of the said
information or complaint 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 , a Magistrate
then present may by warrant ( x1 . ) under his hand and seal
commit such person to prison there to reinain and be imprisoned
for any time not exceeding two months unless he shall in the
meantiine consent to be examined and to answer concerning the
premises.
Power to
remand the 70. If upon the hearing of an information or charge for an
accused . indictable offence from the absence of witnesses or from any
( 11 & 12 V. other reasonable cause it shall become necessary or advisable to
c. 42 , s. 21. )
defer the examination or further examination of the witnesses
for any time it shall be lawful to and for the Magistrate before
whom the accused shall appear or be brought up by his warrant
( XII . , LXXVI.) from time to time to remand the accused for such
time as by such Jagistrate in his discretion shall be deemed
reasonable not exceeding eight clear days to prison or some
place of security ; or if the remand be for a time not exceeding
three clear days it shall be lawful for such Magistrate verbally
to order the constable, peace oflicer or other person in whose
custody the accused may then be or any other constable or
person to be named by the said Magistrate in that behalf to
continue and keep the accused in his custody and to bring him
before the same Magistrate at the time appointed for continuing
such examination ; provided always, that such Magistrate may
order the accused to be brought before himself or another
Magistrate at any time before the expiration of the time for
which the accused shall be so remanded , and the gaoler or officer
in whose custoly he shall then be shall duly obey such order :
provided also, that, instead of detaining the accused in custoly
during the period for which he shall be so remanded , a Magistrate
before whom the accused shall so appear or be bronght as
aforesaid may discharge him , upon his entering into a recogni
sance with or without a surety or sureties ( LXXVII. , LXXVII .)
at the discretion of such Magistrate conditioned for bis appearance
at the time and place appointed for the continuance of such
cxamination ; and if the accused shall not afterwards appear at