the-ordinances-of-the-legislative-counci-1890v2 — Page 624

1214 MAGISTRATES .
( 10 OF 1890. ]
similar offence within a period of twelve months to a fine not
exceeding ten dollars and on a third or subsequent conviction
within such period of twelve months to a fine not exceeding
fifteen dollars in default of payment of the fine imposed the
person convicted may be imprisoned with or without hard labour
for a term according to the scale provided by section 57 hereof.
( 2. ) And whenever any offender is convicted of riotous or
disorderly behaviour while drunk , in any public road, street or
other public place whethera building ornot , or of being drunk
while in charge of any carriage, chair, vehicle, horse or cattle in
any public road, street or other public place, orof being drunk
when in possession of any loaded firearms, a Magistrate may
sentence such offender to a fine not exceeding twenty -five
dollars or in the discretion of the Magistrate to imprisonment with
or without hard labour for any period not exceeding two
months.
Bail.
Offence not 95. ( 1. ) No Magistrate or Justice of the Peace shall admit
bailable by a
Magistrate. any person to bail for treason or murder, nor shall such person
beadmitted to bail, except by order of a Judge of the Supreme
Court.
Offences ( 2 ). Where a person is charged with felony or with assault
where bail is
discretionary .
Mode of
with intent to commit a felony or with an attempt to commit a
taking bai) . felony or with obtaining or attempting to obtain property by
false pretences or with a misdemeanour in receiving stolen
property or property obtained by false pretences or with perjury
or subornation of perjury or with concealing the birth of a child
by secret burying or otherwise or with wilful or indecent
exposure of the person or with riot or assault upon a Police
officer or constable in the execution of his duty or upon any
person acting in his aid or with an assault in pursuance of a
conspiracy to raise wages, a Magistrate may in his discretion
admit the accused to bail, upon his procuring or producing
such surety or sureties as, in the opinion of such Magistrate,
will be sufficient to ensure the appearance of the accused at the
time and place when and where he is to be tried for such offence
and thereupon the Magistrate shall take the recognisance ( LXXIX ,
LXXX , ) of the accused and his surety or sureties conditioned for
the appearance of the accused at the time and place of trial and
that he will then surrender and take his trial and not depart
the Court without leave .
Offence
( 3 ). Where a person is charged with an indictable misdemean
where accused our other than those mentioned in sub - sections 1 and 2 he
is entitled to
bail. shall be entitled to be adınitted to bail in manner mentioned in
sub -section 2 of this section .