the-ordinances-of-the-legislative-counci-1890v2 — Page 625

MAGISTRATES . [ 10 of 1890. ] 1215

(4.) It shall be lawful for a Magistrate, in his discretion, Endorsement
upon issuing a warrant for the apprehension of any person for apprehen
charged with a bailable offence to certify on such warrant his sion.
consent to the accused being bailed, and, thereupon, it shall be
lawful for an Inspector of Police or other Police officer of equal
or superior rank to admit the accused to bail, taking his recog
nisance and that of his surety or sureties ( if any ) conditioned
for the appearanceof the accused at the time and place of hear
ing and that he will then surrender and will not depart without
the leave of the Court.
( 5.) In all cases where a person charged with any bailable committal
Bail after
indictable offence shall be committed to prison to take his trial for trial.
for the same, before the Supreme Court it shall be lawful , at any
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timeafterwards,and before the first day of the Criminal Sessions
at which he is to be tried , or before the day to which such
sessions may be adjourned, for the Magistrate who shall have
signed the warrant for his commitment, in his discretion , to
admit the accused to bail in manner aforesaid ; or if such com
mitting Magistrate shall be of opinion that for any of the offences
in sub-section (2 ) hereinbefore mentioned the accused ought to
be admitted to bail, such Magistrate shall, in such cases , and in
all other cases of misdemeanour's committed for trial before the
Supreme Court, certify, on the warrant of commitment, his
consent to the accused being bailed, stating also the amount of
bail which ought to be required and whether with a surety or
sureties , and it shall be lawful for a Magistrate or his first clerk,
or for a Justice of the Peace attending at or visiting the prison
where the accused shall be in custody, on production of such
certificate, to admit the accused to bail in manner aforesaid .
( 6. ) In all cases where the accused in custody is adınitted to Recog.
bail by a Magistrate other than the Committing Magistrate or pisances to be
by a Justice of the Peace as aforesaid , such Magistrate or Jus- in certain
tice of the Peace sball forthwith transmit the recognisance of cases.
bail to the Committing Magistrate to be transmitted with the
depositions to the Registrar.
( 7. ) Where two Magistrates sit together cither of them may where two
exercise the powers hereinbefore mentioned . Magistrates
sit together.
96. ( 1. ) In all cases where a Magistrate shall adınit to bail Warrant of
any person who shall then be in prison charged with the offence delivera
where nce
for which he shall be so admitted to bail such Magistrate shall accused in
send to or cause to be lodged with the Superintendent of such prison when.
prison a warrant of deliverance ( LXXXII.) under his hand and c.[1142,&s 12 V,
. 24. )
seal requiring the said Superintendent to discharge the person
so admitted to bail , if he be detained for no other offence, and
upon such warrant of deliverance being delivered to or lodged
with such Superintendent he shall forthwith obey the same.