the-ordinances-of-the-legislative-counci-1890v2 — Page 618

1208 [ 10 of 1890.] MAGISTRATES .


with them as hereinafter mentioned ( Lxx . ) ; provided always,
that the Magistrate before the accused shall make any statement,
shall state or cause to be interpreted to bim and give him or
cause him clearly to understand that he has nothing to hope
from any promise of favor and nothing to fear from any threat
which way have been holden out to him to induce him to make
any admission or confession of his guilt, but that whatever he
shall then say may be given in evidence against him on his trial ,
notwithstanding such promise or threat: provided nevertheless,
that nothing herein contained shall prevent the prosecutor in
any case from giving in evidence any admission or confession
or other statement of the accused made at any time which by
law would be admissible as evidence against him .
Witnesses for
the .
74. If the accused shall make any such statement or shall be
[30 and 31 v. unwilling so to do the Magistrate hearing the case shall then
c. 35 , s. 3.] demand and require of the accused or his counsel whether he
desires to call any witness or evidence and if he so call or desire
to call any witness or witnesses or evidence such Magistrate
shall in the presence of the accused take such evidence on oath
both examination and cross -examination of the witnesses who
shail be called by the accused or his counsel and who shall know
anything relating to the ficts or circumstances of the case or
anything ten ling to prove the innocence of the accused and
shall put the same into writing and such depositions of such
witnesses shall be read over to and signed respectively by the
witnesses so examined and shall be signed by the Magistrate
taking the same.
Binding over 75. Upon the bearing of an indictable offence as aforesaid it
and witnesses, shall be lawful for the Magistrate to bind by recognisance
[ 11 and
. , s . 12. V. (LXXII .) the prosecutor and his witnesses or any of them to
30 and 31v. appear at the next Criminal Sessions of the Court at which the
c . 33 , s . 33.] acensed is to be iried then and there to prosecute, or to prose
cute and give evidence, or give evidence alone as the case may
be against the accused which sai l recognisance shall particularly
specity the profession art or trade of every such person enter
ing into or acknowledging the same together with his Christian
or other name and surname and such witnesses for the accused
as may be called and examined as aforesaid not being witnesses
as to ile character of the accused merely who shall in the opinion
of the Magistrate give evidence in any way material to the case
or tending to prove the innocence of the accused shall be bound
by recognisance to appear and give evidence at the trial at the
next Criminal Sessions of the Court at which the accused is to
be tried in the same manner as the prosecutor and his witnesses,
and the said recognisance being duly acknowledged by the
person entering into the same shall be subscribed by the