the-ordinances-of-the-legislative-counci-1890v2 — Page 617

MAGISTRATES . [ 10 of 1890.) 1207

the time and place mentioned in such recognisance, the Magistrate
then present may upon certifying the non -appearance of the
accused on the said recognisance declare the same forfeited and
proceed to enforce the same in the manner hereinbefore provide 1
for enforcing recognisances in the cases of offences punishable
on summary conviction ; and may forth with issue his warrant
for the apprehension of the accused .
71. The room or building in which a Magistrate shall hear Place where
an information or charge for an indictable offence shall not be examination
taken not an
deemed an open Court for that purpose : and it shall be lawful open Court.
for the Magistrate hearing the case in his discretion to order !c . 142,ands. 12
19.]V.
that no person shall have access to or be or remain in such room
or building without the consent or permission ofsuch Magistrate
if it appear to him that the ends of justice will be best answered
by so doing
72. Upon the hearing of an information or charge for an The hearing.
indictable offence where the accused shall be present at the č.£1142and 12 V
, s. 17.]
hearing, the Magistrate shall before committing the accused to
prison for trial or before admitting him to bail, to take his trial
in the presence of the accused proceed to take evidence for and
on behalf of the prosecutor an i his witnesses in the same manner
( XII.) as herein before provided for the taking of the evidence
of the complainant, informant or prosecutor and his witnesses
on complaints, or on information for offences punishable on
summary conviction, and the accused or his counsel shall be at
liberty to put questions to any witnesses produced against him ,
and further the depositions or evidence of the prosecutor and
his witnesses shall be read over to and signed respectively by
the witnesses , who shall bave been so examined and shall also
be signed by the Magistrate taking the same.
73. After the examination of all the witnesses on the part Depositions to
of the prosecution shall have been completed the Magistrate by be real over
or before whoin such examination shall have been so completed to be cau
as aforesaid, shall if desired by the accused without requiring !tioned.. v.
the attendance of the witnesses , read or cause to be read to the c. 42, s. 18.
No. 6 of 1864,
accused or when necessary cause to be interpreted the deposi 8.5. ]
tions taken against liim and shall say to him these words or
words to the like effect or cause the same to be interpreted to
bim : “ Having heard the evidence, do you wish to say anything
" in answer to the charge ? You are not obliged to say anything
“ unless you desire to do so ,but whatever you say will be taken
“ down in writing and may be given in evidence against you
upon your trial,” and whatever the accused shall then say in
answer thereto shall be taken down in writing, and read over
to him , and shall be signed by the said Magistrate and kept
with the depositions of the witnesses, and shall be transmitted