the-ordinances-of-the-legislative-counci-1890v2 — Page 621

1211
MAGISTRATES . [ 10 of 1890. )
be the same from and after that period as if the
offence were an offence punishable on summary
conviction and not on information, and the pro
visions of this ordinance relating to offences punish
able on summary conviction shall apply accord
inglyr ; and
( 2. ) The evidence of any witness taken before the Magis
trate or Magistrates shall have assumed the said
power, need not be taken again, but every such
witness shall, if the defendant so require it, be
recalled for the purpose of cross --examination ; and
( 3. ) The conviction ( LXXXIII.) for any such offence shall
be of the same effect as a conviction for the offence
on information before the Court, and the Magistrate
or Magistrates may make the like order for the
restitution of property ( XXVIII.) as might have
been made by the Court before whom the person
convicted would have been tried if he had been tried
on information, and
(4. ) The order of dismissal (LxxxIv
( .) shall be filed by
the Magistrate's clerk in like manner as the convic
tion is hereby required to be filed , and together with
the order of dismissal or the conviction , as the case
may be, there shall be filed by such clerk in each
case the written charge, the depositions of the
witnesses, and the statement, if any, of the accused .
82. In all proceedings before two Magistrates sitting together One Magis
trate may
upon any information and complaint it shall be lawful for one issue
Magistrate to receive such information and complaint, and to summons & c.,
grant a summons or warrant to compel the attendance of any hearingbefore
witnesses, and to do all other necessary acts and matters trates
two Magis
.
preliminary to the hearing, even in cases where by the ordinance ( 11 & 12 v .
or statute in that behalf such intormation and complaint must c.43, s. 29.]
be heard and determined by two Magistrates sitting together,
and after the case shall have been so heard and determined one
Magistrate may issue all warrants of distress or commitment
thereon : provided always, that in all cases where any such
complaint or information is heard and determined by two
Magistrates , or a conviction or order is made by two Magistrates,
such Magistrates must be present and acting together during
the whole of the hearing and determination of the case .
PART VI.
SPECIAL Powers.
83. Where any person is accused of stealing from the person Powers oftwo
or of any offence within the meaning of sections 49, 50 and 51 Magistrates
sitting