MAGISTRATES ORDINANCE

MAGISTRATES ORDINANCE

CHAPTER 227.

THE MAGISTRATES ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section.................................. Page
1. Short...title .............................. ... ... ... ... 231

PRELIMINARY.
2. Interpretation........................... ... ... ... ... ... ... 231
3. Saving of special procedure ............. ... ... ... ... ... 232
4. Use of forms ............................ ... ... ... ... 232

PART I-CONSTITUTION OF MAGISTRATES,
5. Governor fflay by warrant appoint permanent and special
magistrates ................................... ... ... ... 232
6. Marine rnagistrates ........................ ... ... ... ... ... 233
7. Powers of justices of the peace, etc. . 233

PART II-PROCEDURE IN RESPECT OF
SUMMARY OFFENCES.
8. Issue of summons to defendant and mode of service thereof 234
9. Issue of warrant in case of disobedience to summons or in
first instance ........................ ... ... ... ... 235
10. Manner of making complaint or laying information ... ... 235
11. Place and manner of hearing ............ ... ... ... ... ... 236
12. Prosecution of oTences to be under control of Attorney
General ............................... ... ... 237
13. Appointment of public prosecutors by torney General 237
14. Private prosecution and intervention by the Attorney General. 237
15. Power for public prosecutor to withdraw case ... ... ... 238
16. Rights of parties to conduct case personally or by counsel 238
17. Authority of crown counsel to prosecute, etc . ... ... ... .238
18. Non-appearance and appearance of parties, and procedure
thereon ................................ ... ... ... ... ... 239
19. Proceedings at hearing ................. ... ... ... ... ... 240
20. Adjournment of hearing and procedure thereon 241

GFNERAL.
21. Provisions as to witnesses ............. ... ... ... ... ... 242
22. Power to order production of documents ... ... ... ... 243
23. Variance between information and evidence ... ... ... ... 244
24. Description of property of partners in complaint or
information ............................ ... ... ... ... ... .244
25. Complaint for order to pay money need not be in writing 245
26. Limit of time for complaint or information ... ... ... ... 245
27. Defects in and alteration of complaint, information or
summons ....................1 . ........ ... ... ... ... 245
28. Form of conviction and order ........... ... ... ... ... ... 246
29. Proof by declaration of service of process and of handwriting. 247
30. Form and execution of warrant, etc . ... ... ... ... ... 247
31. Non-avoidance of summons or warrant by death of magistrate. 248
32. Provisions as to proceedings, etc . .... ... ... 2481
33. Minute of proceedings .................. ... ... ... ... ... 24d
34. Register of cases....................... ... ... ... ... 249 1





SPECIAL PROVISIONS.
Section Page

35. Power to permit conditional release of offenders ... ... 250
36. Reduction of imprisonment on part payment of fine ... 251
37. Appropriation of money found on defendant for payment of
fine not exceeding twenty-five dollars ........ ... ... 252
38. Recognizance may be dispensed with .. ... ... ... 252
39. Summary order .......................252
40. Provision as to mode of payment of sum.adjudged to be paid. 253
41. Return by magistrate's order of property taken from
defendant ................................ ... ... ... 253
42. Prosecution and punishment of aider or abettor ... ... 254
43. Rule as to cumulative sentences for assault 254
44. Search warrant for thing stolen or unlawfully obtained ... 254
45. Examination of person from whom stolen thing received ... 255
46. Order for delivery of goods stolen or fraudulently obtained
and in possession of dealer in second-hand property ... 255
47. Restoration of property unlawfully pledged, etc . ... ... 256
48. Power to make orders with respect to property in possession
of police . ........................... ... ... .. . ... 256
49. Penalty on common informer for compounding without
permission of magistrate .............. ... ... ... ... 257

DISTRESS AND COMMITTAL WARRANTS.
50. Warrant of distress ..................... ... ... 258
51. Allowing defendant to go at large until return made to
warrant, etc. .......................... ... ... ... .... 258
52. Commitment in default of sufficient distress ... ... ... 259
53. Commitment of defendant where no remedy or punishment in
default of sufficient distress ......... ... ... ... ... ... 259
54. Commitment of defendant in first instance ... ... ... ... 260
55. Commitment for disobedience of order to do some act, etc.,
not being payment of money .............. ... ... ... ... 260
56. Consecutive sentences of imprisonment ... ... ... ... 261
57. On payment of fine and expenses distress not to be levied,
or party, if imprisoned, to be discharged ... 261
58. Provisions as to warrants of distress ... ... ... ... ... 262
59. Special provisions as to warrant of commitment for non-
payment of money and as to warrant of distress ... 263

RECOGNIZANCES, ETC.
60. Exercise on complaint of power to bind over to keep the
peace .................................. ... ... ... ... 264
61. Power to reduce or vary security ....... ... ... ... ... ... 265
62. Recognizance taken out of court ........ ... ... ... ... ... 265
63. Mode of giving security and enforcement thereof ... ... 265
64. Enforcing recognizance for appearance ... ... ... ... 266

CIVIL DEBTS.
65. Recovery of civil debts and costs ...... ... ... ... ... ... 267
66. Enforcing civil debt ................... ... ... ... ... ... 267

SCALE OF IMPRISONMENT FOR NON-PAYMENT OF MONEY, ETC.
67. Scale of imprisonment for non-payment of money adjudged
to be paid. etc. 268





COSTS.
Section Page
68. Power to award costs and recovery thereof by distress ... ... 269
69. Procedure for compelling prosecutor to pay costs ... ... ... 269
70. Costs where fine does not exceed twenty dollars ... ... ... 270

PART III-INDICTABLE OFFENCES.
71. Procedure on information being laid ... ... ... ... ... ... 270
72. Warrant to apprehend for offence committed on high
seas, etc. ... ... ... ... ... ... ... ... ... ... ... 271
73. Warrant to apprehend where indictment is filed by Attorney
General and accused is at large ... ... ... ... ... ... 271
74. Information to lead warrant in first instance to be in writing
and upon oath ... ... ... ... ... ... ... ... ... ... 272
75. Service of summonses ... ... ... ... ... ... ... ... ... 272
76. Form, etc., of warrants ... ... ... ... ... ... ... ... ... 272
77. Summons or warrant for witness, etc . ... ... ... ... ... ... 272
78. Power to remand accused ... ... ... ... ... ... ... ... 273
79. Place where examination taken not an open court ... ... ... 274
80. Taking of evidence at hearing ... ... ... ... ... ... ... 274
81. Provisions as to taking of depositions, and caution to and
statement of accused on proceedings before examining
justices 275
82. Evidence of accused and defence witnesses ... ... ... ... ... 275
83. Binding over of prosecutor and witnesses ... ... ... ... ... 276
84. Discharge or committal of accused ... ... ... ... ... 277
85. Informing accused of committal ... ... ... ... ... ... ... 278
86. Depositions and exhibits after committal ... ... ... ... ... 278
87. Procedure on charge of indictable offence against corporation. 279

PART IV-SUMMARY TRIAL OF INDICTABLE
OFFENCES.
88. Indictable offences which may be . dealt with by special
magistrate summarily ... ... ... ... ... ... ... ... 279
89. Indictable offences which may be dealt with by permanent
magistrate summarily ... ... ... ... ... ... ... ... 280
90. Procedure as to indictable offences triable summarily ... ... 280
91. Special powprs for summary trial of certain indictable
offences ... ... ... ... ... ... ... ... ... ... ... 280

PART V-SPECIAL POWERS.

MISCELLANEOUS.
92. Flogging ... ... ... ... ... ... ... ... ... ... ... ... 281
93. Power to sentence juvenile,to be whipped for certain offences. 281
94. Power to fine in all cases ... ... ... ... ... ... ... 282
95. Power to award compensation in addition to punishment .., 282
96.Power to sentence person using insulting language to or
concerning magistrate ... ... ... ... ... ... ... ... 282
97. Power to award compensation or penalty for malicious
prosecution or false testimony ... ... ... ... ... ... 282
98. Imprisonment for non-payment of fine under Ordinance ... 283
99. Forfeiture of articles in certain cases ... ... ... ... ... ... - 283

BAIL.
100. Provisions relating to bail ... ... ' ... ... ... ... ... ... 284
101.Warrant of deliverance where accused is in prison when bail
granted ... ... ... ... ... ... ... ... ... ... ... 285





REHEARING.
Section Page

102. Review of decision by magistrate ...... ... ... ... ... 285

PART VI-APPEALS.

APPEAL BY WAY OF CASE STATED.
103. Application to state case on point of law ... ... ... 287
104. Transmission of case to Registrar and notice to respondent 288
105. Amendment of case by magistrate ........ ... ... ... ... 288
106. Setting down case for argument ......... ... ... ... ... ... 288
107. Judge may send case back for amendment ... ... ... 288
108. Giving of security by appellant and fees for appeals under
s. 103 .................................. ... ... ... ... ... 288
109. Refusal to state or amend a case ....... ... ... ... ... ... 289
110. Compelling magistrate to state or amend a case ... ... 290

ALTERNATIVE PROCEDURE.
111. Right of appeal from magistrate in a criminal matter ... 290
112. Procedure for appeals under s. 111 prior to entry of appeal 290

GENERAL PROVISIONS AS TO APPEALS.
113. Service and notice ..................... ... ... ... ... ... 291
114. Provision as to entry of appeal ........ ... ... ... ... ... 292
115. Abandonment of appeal .................. ... ... ... ... ... 293
116. Procedure on hearing appeal ............ ... ... ... ... ... 294
117. Release from custody by a ma-gistrate and powers of the
judge on appeal ............................. ... ... ... ... 296
118. Provisions as to costs ................. ... ... ... ... ... 297
119. Provisions as to forfeited recognizances ... . ... 297
120. Treatment of appellant, etc., pending appeal or re~eari:ng 298
121. Right of Attorney General to substitute himself as a party
in appeals in certain cases ............ ... ... ... ... 299
122. Provisions for costs in cases where the Attorney General has
intervened ............................. ... ... ... ... 299

PART VII-PROTECTION OF MAGISTRATES.
123. Action against magistrate for act within his jurisdiction 300
124. Action for act done without or in excess of jurisdiction ... 300
125. Action to be against convicting magistrate ... ... ... 301
126. Compelling magistrate to do act, and immunity for doing it 301
127. After appeal no action for anything done under warrant
upon it ................................ ... ... ... ... ... 301
128. Setting aside.of action prohibited by the Ordinance ... ... 302
129. Provisions as to limitation of actions, costs, tender, payment
and notice ............................. ... ... ... ... 302
130. Amount of damages in certain cases ..... ... ... ... ... 302

PART VIII-MISCELLANEOUS.
131. Rules .................................. ... ... ... ... ... 303
132. Regulations as to costs and fees ....... ... ... ... ... ... 304

SCHEDULE.
(Indictable offences excluded from summary jurisdiction)





CHAPTER 227.

MAGISTRATES.

To consolidate and amend the law relating to the jurisdic-
tion of magistrates and the procedure and practice
before magistrates in relation to offences punishable on
summary conviction and to indictable offences and for
other purposes.
[1st January, 1933.]

1. This Ordinance may be cited as the Magistrates
Ordinance.

Preliminary.

2. In this Ordinance-
'appellant' means the party appealing under Part VI from
a decision of a magistrate;
'civil debt' means any sum of money claimed to be due
which is recoverable before a magistrate on complaint
and not on information;
'counsel' means any barrister, advocate.or solicitor having
the right of audience before any, court in the Colony;,
'fine' includes any pecuniary penalty or pecuniary
forfeiture or pecuniary compensation payable under a
conviction or order;
'indictable offence' means any crime or offence for which
a magistrate is authorized or empowered or required
to commit the accused person to prison for trial before
the court;
'indictment' includes an information,' in the court.
magistrate' `includes a permanent magistrate and
special magistrate;
'magistrates' clerk' includes (where there is more than
one) either or any of such clerks or such other person
as a magistrate directs to do anything required by this
Ordinance to be done by the magistrates' clerk;
'party' includes the Crown and also any person aggrieved
within the meaning of section 103 or III;
'prescribed' means prescribed or provided by any enact-
ment which relates to any offences, penalties, fines,
costs, sums of money, orders, proceedings or matters






to the punishment, recovery, making or conduct of
which this Ordinance expressly or impliedly applies or
may be applied;
'prison' includes any place or building or portion of a
building set apart, or hereafter to be set apart, for the
purpose of a prison under any Ordinance relating to
prisons;
'Registrar' means the Registrar of the Supreme Court;
'respondent' means the opposite party whose interest con-
flicts with the interest of any person appealing within
the meaning of section 103 or III ;
'sum adjudged to be paid by a conviction' and 'sum
adjudged to be paid by an order', respectively, include
any costs adjudged to be paid by the conviction or
order, as the case may be, of which the amount is
ascertained by such conviction or order.

3. Nothing in this Ordinance shall affect any special
procedure provided in any Ordinance not hereby repealed.

4. The forms in the rules made hereunder or forms to
the like effect, with such variations or additions as circum-
stances may require, shall be deemed good, valid and
sufficient in law.

PART I.

CONSTITUTION OF MAGISTRATES.

5. (1) The Governor may by warrant Under his hand
from time to time appoint such number of permanent and
special magistrates as are in his opinion required for the
efficient administration of justice in the Colony and may in
the case of special magistrates by such warrant limit the
jurisdiction and powers to be exercised by the person so
appointed. Such appointments together with the warrant
of appointment where such warrant limits jurisdiction or
powers to be exercised by the person appointed shall be
notified in the Gazette.
(2) A permanent magistrate shall exercise all the
jurisdiction and powers conferred on a magistrate by any
enactment in force in the Colony and also such jurisdiction
and powers as may from time to time be conferred on a
permanent magistrate.





(3) A special magistrate shall, subject to the provisions
of his warrant of appointment, exercise all the jurisdiction
conferred on a magistrate by any enactment in force in the
Colony, but his powers of imposing imprisonment and fine
shall, in the case of any enactment in force on the 2oth
day of May, 1949, be subject to the limitations as to the
maximum term or terms of imprisonment and the maximum
fine which such magistrate may lawfully impose under this
Ordinance as amended from time to time and in the case
of.any enactment coming into force after the 2oth day of
May, 1949, be so subject unless such enactment expresslV~
provides to the contrary.

(4) Any magistrate appointed under this section shall
be a justice of the peace by virtue of his office.

(5) So long as any warrant of appointment.of a magis-
trate issued under this section is in force and unrevoked,
it shall continue to have effect notwithstanding his sub-
sequent appointment to some other office.

6. The Director of Marine and the assistant director of marine
shall each of them be a marine magistrate, who,
without prejudice to any other jurisdiction, power or
authority possessed by. a marine magistrate, shall have the
power and authority of a special magistrate to hear and
determine cases of assault and assault and battery where
there is no intent to commit a felony; and the provisions
of this Ordinance in relation. to the procedure before a
magistrate in such cases shall apply mutatis mutandis to
cases before a marine magistrate.

7. (1) In every case where a magistrate may issue a
warrant for the apprehension of any person, it shall be
lawful for a justice of the peace, on the application of a
police officer and on oath being made before him substan-
tiating the matter of the information to his satisfaction, to
issue such warrant in order that such person may be
brought before a magistrate to be dealt with according to
law.

(2) Any two justices of the peace to whom this sub-
section applies shall when sitting together have all the
powers and jurisdiction conferred upon a special magistrate
by this Ordinance : Provided that such justices shall





exercise their powers and discharge their duties in conform-
ity with any direction given by the Chief justice and under
his general control and supervision.

(3), Subsection (2) shall apply to any justice of the
peace who is willing to act and who in the opinion of the
Governor may suitably in, conjunction with another such
justice exercise the powers and jurisdiction conferred by
subsection (2) A list of such justices shall be published
.in the Gazelte, as soon as conveniently.may be after the ist
day of January in each year.

PART II.

-PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

8. (1) In every case where a complaint. is made to
or an information laid. before a magistrate in respect of
which the magistrate has power to convict summarily or
to make an order for the payment of money or otherwise,
it shall be lawful, for the magistrate to issue his summons
to the person against whom the complaint has been made
pr information laid, stating shortly the matter of the com-
plaint or information and requiring him to appear at a
certain time and place before a magistrate to answer to the
compaint or information and to be further dealt with according to law.


(2) Every such summons shall be sered by a police officer, usher
or other officer in a magistrate's court on the person to
whom it is so directed by delivering the same to him personally
or by leaving the same with some person for him at his last or
most usual place of abode; and the police officer or other oficer who
serves the same shall attend before a magistrate at the time and
place mentioned in the summons to depose, if necessary, to the
service of the summoons: Provided always that nothing herein contained
shall oblige a magistrate to issue a summons in any case where the
defendant appears voluntarily or upon his recognizance or is in the
custody of the police or charged on the charged sheet, and that it shall
be lawful for a magistrate in any such efent to hear and determine the
case in all respects as if the defendant had appeared in answer to a summons.




9. (1) If the person so served with a summons does
not appear before a magistrate at the time and place
mentioned in the summons, and it is made to appear to
the magistrate by oath that the summons was so served
within what is deemed by the magistrate to be a reason-
able time before the time therein appointed for appearing
to the same, then it shall be lawful for the magistrate to
issue his warrant to apprehend the person so summoned,
and to bring such person before him or another magistrate
to answer to the said complaint or information and to be
further dealt with according to law; or, on such informa-
tion being laid as aforeaid the magistrate before whom the
information has been laid may, on oath being made before
him substantiating the matter of the information to his
satisfaction, instead of issuing such summons as aforesaid,
issue in the first instance his warrant for apprehending the
person against whom the information has been laid,, and
for bringing him before a magistrate to answer to the said
information and to be further dealth with according to law.

(2) In any case where a summon, is so issued as afore-
said, if, on the day and at the place pointed in and by
the summons for the appearance of the party so summoned,
such party fails to appear accordingly in obedience to the
summons, then and in every such case, if it is proved upon
oath to a magistrate that the summons was duly served on
such party a reasonable time before the time so appointed
for his appearance as aforesaid, it shall be law for the
magistrate to proceed ex parte to the heating of the com-
plaint or information, and to adjudicate thereon as fully
and effectually to all intents and purposes as if such party
had personally appeared before him in obedience to the
summons.

10. (1) Every complaint and every information under
this Part, unless some, Ordinance or statute otherwise
requires, may respectively be made or laid without any oath
being made of the truth thereof; except in case of an information
where the magistrate receiving the same thereupon
issues his warrant in the first instance to apprehend the
defendant as aforesaid; and in every such case where the
magistrate issues his warrant in the first instance the matter





of the information shall be substantiated by the oath of the
informant, or of some witness on his behalf, before any
such warrant shall be issued.

(2) For every distinct offence of which any person is
accused there shall be a separate complaint or information,
and every such complaint or information shall be tried
separately except in the following cases-
(a) when a person is accused of more offences than
one of the same or a similar character he may,
subject to the provisions of section 26, be charged
with and tried at the same time with any number
of them not exceeding three, whether they are
offences committed with respect to the same person
or not : Provided that if the magistrate is of
opinion that a person accused will be prejudiced
or embarrassed in his defence, he may order a
separate trial of any such charge or charges
(b)if in one series of acts so connected together as
to form the same transaction, more offences than
one are committed by the same person, he may be
charged with and tried at the same time for every
such offence; and
(c)if a single act or series of acts is of such a nature
that it is doubtful which of several offences the
facts which can be proved will constitute, the
accused person may be charged with having com-
mitted all or any of such offences and an), number
of such charges may be tried at once; or he may
be charged in the alternative with having committed
some one of the said offences.

(3) Every such complaint or information may be made
or laid by the complainant or informant in person or by
his counsel or other person authorized in that behalf.

11. The room or place in which a magistrate sits to
hear and try any complaint or information shall be deemed
an open and public court, to which the public generally
may have access, so far as the sarne can conveniently
contain them, unless the magistrate otherwise directs where
the evidence is of an indecent character, in which case he
shall make a note on the depositions of the direction which
he has given.





12. The Attorney General is hereby entrusted with the
duty and discretion of conducting the prosecution of all
offences co nizable by a magistrate: Provide that it shall
be lawful for any member of the police force and such
other public servant as the Attorney General may from time,
to time by any general or special direction authorize to
lay before a magistrate an information in respect of an
offence and that any such information shall be deemed to
have been laid on behalf of the Attorney General and pro-
vided that in any such case he shall be deemed to be a
party to the proceedings and such ineniber or public servant
shall not be so deemed. [11A

13. The Attorney General may appoint any public
officer or class of public officers to act as public prosecutor
or prosecutors and to conduct generally on his behalf any
prosecution before a magistrate or any specified classes of
prosecutions or any particular case. Any public prosecutor
so appointed may without any written authority appear and
plead before a magistrate any case of which he has charge
which is being inquired into, tried or reviewed. [11B

14. (1) A complainant or informant who is not acting
or deemed to act on behalf of the Attorney General may
if he so wishes and without any prior leave conduct in person
or by counsel on his on his behalf the prosecution of the offence
to which the complaint or information relates but the-
Attorney General may at any stage of the proceedings before
the magistrate intervene and assume the conduct of the
proceedings and may within the time limited by section 102
for applying for a review intervene for the purpose of
applying for or being made a party to any review.

(2) As from the date of any such intervention the
Attorney General shall be deemed to be a party to the
proceedings or the review in lieu of such complainant or
informant.

(3) Such intervention may be effected by oral intimation
given to the magistrate by a public prosecutor acting under
the instructions of the Attorney General or by notice in
writing under the hand of the Attorney General of his
intervention lodged with the magistrates' clerk. In the
event of oral intimation as aforesaid having been given the





Attorney General shall as soon as conveniently may be cause
notice in writing of his intention to be lodged as afore-
said. [11C

15. (1) In any case before a magistrate in which a
defendant is being tried for any offence and at any stage
thereof before judgment and in any case in which an inquiry
is being held by a magistrate for the purpose of determining
whether an accused should be committed for trial, the
Att orney General may enter a nolle prosequi by informing
the magistrate in writing that the Crown intends that the
proceedings shall not continue, add thereupon the accused
shall be at once discharged in respect of the charge for
which the nolle Prosequi is entered, and if he has been
committed to prison shall be released, or if on bail his
recognizances shall be discharged; but such discharge of an
accused person shall not operate as a bar to any subsequent
proceedings against him on account of the same facts.

(2) If the accused shall not be before the magistrate
when such nolle posequi is entered the magistrates' clerk
shall forthwith cause notice in writing of the entry of such
nolle prosequi to be given to the keeper of the prison in
which such accused may be detained. [11D

16. (1) The party against whom the complaint is
made or information laid shall be admitted to rnake his full
answer and defence therdto and to have the witnesses
examined and cross-examined by him or by counsel on his
behalf.

(2) Without prejudice to the rights of the Attorney
General every complainant or informant shall be at liberty
to conduct the complaint or information respectively and to
,have the witnesses examined and cross-examined by him or
by counsel on his behalf. [11E

17. Any officer discharging the functions of crown
counsel shall Without any appointment under section 13 be
entitled to act as a public prosecutor and to represent the
Attorney General on any appeal under section 103 or
III. [11F





18. (1) If, at the time and place appointed in and by
the summons aforesaid for hearing and determining the
complaint or information as aforesaid, the defendant against
whom the same has been made or laid does not appear when
called, the police officer or 'officer who has served him with
the summons in that behalf shall then declare upon oath
in what manner he served the summons, and if it appears,
to the satisfaction of the magistrate, that he duly served
the summons, the magistrate may proceed to hear and
determine the case in the absence of the defendant, or the
magistrate, on the non-appearance of the defendant as
aforesaid, may issue his warrant in manner hereinbefore
directed, and shall adjourn the hearing of the complaint
or information until the defendant is apprehended; and
when the defendant is afterwards apprehended under the
warrant, he shall be brought before a magistrate, who shall
thereupon either by his warrant commit the defendant to
prison or some other place of security or, if he thinks fit,
verbally to the . custody of the police officer who has
apprehended him or to such other safe custody as he may
deem fit, and order the defendant to be brought up at a
certain time and place befo re a magistrate, of which said
order the complainant or informant shall have due notice.

(2) If, at the time and place so appointed, the defendant
attends voluntarily in obedience to the summons in that
behalf served on him or is brought before a magistrate by
virtue of any warrant, then, if the complainant or informant,
having had such notice as aforesaid, does not appear by
himself or his counsel, the magistrate shall dismiss the com-
plaint or information, unless for some reason he thinks
proper to adjourn the hearing of the same unto some other
day, on such terms as lie may think fit, in which case he
may commit the defendant in the meantime to prison or
some other place of security or to such custody as the
magistrate may think fit, or may discharge him on his enter-
ing into a recognizance, with or without a surety or sureties,
at the discretion of the magistrate, conditioned for his
appearance at the time and place to which the hearing is so
adjourned.

(3) If the defendant does not afterwards appear at the
time and place mentioned in the recognizance, the magistrate
then present shall certify on the back of the recognizance the





non-appearance of the defendant, and may declare the same
to be forfeited in manner hereinafter provided, and may also
issue his warrant for the apprehension of the defendant.

(4) If both parties appear, either personally or by their
respective counsel, before a magistrate who is to hear and
determine the complaint or information, then the magistrate
shall proceed to hear and determine the same.


(5) Notwithstanding the provisions of this section if in
the case of any offence, which is declared by the Ordinance
creating it or by resolution of Legislative Council to be an
offence to hich the procedure prescribed by this subsection
is applicable , the defendant pleads guilty to such offence
by letter add ssed to the magistrate, the magistrate may in
his discretion lieu of proceeding under the other pro-
visions of this section enter a plea of guilty and deal with
the case in like manner mutatis mutandis as if the defen-
dant had actually ppeared before him and pleaded guilty.

(6) In every case in which the procedure prescribed
by the preceding subsection is applicable the summons shall
contain a foot-note or endorsement in the following terms
' Under subsection (5) of section 18 of the Magis-
trates Ordinance, (Chapter 227 of the Revised Edition)
a magistrate may in his discretion accept a plea of guilty
contained in a letter addressed to the magistrate. If
a defendant decides to take this course he may if he
chooses mention in such letter any facts which he con-
siders mitigate the offence. The magistrate has a
complete discretion as to whether the defendant should
be required to attend personally and if the statement
of facts in mitigation is disputed this may lead to
personal appearance being required.' [12

19. (1) Where the defendant is present at the hearing
the substance of the complaint or information shall be stated
to him, and he shall be asked if he,has any cause to show
why he should not be convicted or why an order should not be
made against him, as the case may be, and if he thereupon admist the
truth of the complaint or information and shows no cause or no
sufficient cause why he should not be convicted or why an order should
not be made against him, as the case may be, then the magistrate shall
convict




him or make an order against him accordingly; but if he
ices not admit the truth of the complaint or information
as, aforsaid, then the magistrate shall proceed to hear upon
oath the complainant or informant and such witnesses as,
may be produced in support of the complaint or information,
and also to bear the defendant and such evidence as may
be adduced in defence; and also to hear and examine such
other witnesses as the complainant or informant may
examine in rebuttal, if the defendant or his counsel has
examined any witnesses or given any evidence other than
as to the defendant's general character.

(2) The magistrate, having heard what each party has
to say and the witnesses and evidence so adduced, shall con-
sider the whole matter and determine the same, and shall
convict or make an order against the defendant or dismiss
the complaint or information, as the case may be.


(3) If the magistrate convicts the defendant or makes
an order against him, a minute or memorandum thereof
shall then be made (for which no fee shall be paid), and the
conviction or order shall afterwards be drawn up by the
magistrate in proper form under his hand and seal, and
lie shall cause the same to be lodged with the magistrates'
clerk, who shall register the same as hereinafter provided.

(4) If the magistrate dismisses the complaint or
information, it shall be lawful for him, if he thinks fit, on
being required to do.so, to make an order of dismissal of
the complaint or information, and he shall give the
defendant in that behalf a certificate thereof, which said
certificate shall be a bar to any subsequent complaint or
information for the same matters respectively against the
same party. [13

20. (1) Before or during the hearing of any complaint
or information as aforesaid, it shall be lawful for a magis-
trate in his discretion to adjourn the hearing of the same
to a certain time and place to be the appointed and stated
in the presence and hearing of the party or parties, or their
respective counsel, and in the meantime the magistrate
granting and making such adjournment may suffer the
defendant to go at large, or may commit him to prison or
some other place of security or to such other safe custody





as the magistrate may think fit, or may discharge the
defendant on his entering into a recognizance, with or
without a surety or sureties, at the discretion of the magis-
trate, conditioned for his appearance at the time and place
to which the hearing or further hearing is adjourned:
Provided always that in every case where a defendant is
discharged on recognizance as aforesaid, and does not after-
wards appear at the time and place mentioned in the
.recognizance, the magistrate then present shall certify on
the back of the recognizance the non-appearance of the
defendant, and may declare the same to be forfeited in
manner hereinafter provided, and may forthwith issue his
warrant for the apprehension of the defendant.

(2) If, at the time and place to which the hearing or
further hearing is so adjourned, the complainant or
informant does not appear, either personally or by counsel,
the magistrate then present may dismiss the complaint or
information with or without costs, as to the magistrate may,
seem fit; and if, at the time and place aforesaid, the defen-
dant does not appear, either personally or by counsel, the
magistrate may issue his warrant for the apprehension of
the defendant, and may adjourn the proceedings for such
time as he may think requisite. [14

General.

21. (1) If it is made to appear to a magistrate, by the
oath of any credible person, that any person within the
Colony is likely to give material evidence on behalf of the
complainant or informant or defendant, and will not volun-
tarily appear for the purpose of being examined as a witness
at time and place appinted for the hearing of the complaint or
information as aforesaid the magistrate shall
issue his summons to such person, under his hand and seal,
requiring him to be and appear at a time and place men-
tioned in the summons before a magistrate to testify what
lie knows concerning the matter of the complaint or
information.

(2) If any person so summoned refuses or neglects to
appear at the time and place appointed by the summons
and no just excuse is offered for such refusal or neglect,
then after proof upon oath that the summons was served





on such person, either personally or by leaving the same
for him with some person at his last or most usual place of
abode, and that a reasonable sum (where, in the opinion of
the magistrate, necessary) was paid or tendered to him for
his costs or expenses in. that behalf, it shall be lawful for
the inagistrate before whom such person should have
appeared to issue a warrant, under his hand and seal, to
bring and have such person at a time and place to be therein
mentioned before a magistrate to testify as aforesaid.

(3) If the magistrate is satisfied, by evidence upon oath,
that it is probable that such person will not attend to give
evidence without being compelled to do so, then, instead'of
issuing a summons, it shall be lawful for him to issue his
warrant in the first instance.

(4) If any person having come before a magistrate
whether Muntarily or in obedience to a summons or having
been brought before him by warrant or otherwise shall refuse
to be sworn or having been sworn shall without just excuse
refuse to answer such questions as shall be put to him con
cerning the premises, the magistrate may, by warrant under
his hand and seal, order him to be imprisoned, without hard
labour, for two months unless he in the meantime shall
consent to be sworn and to answer concerning the premises,
or lie may impose upon such person a fine of twenty
dollars. [15

22. The powers contained in sections 21 and 77 enabling
a magistrate to issue a summons to any witness to attend
to give evidence before a magistrate shall be deemed to
include the power to summon and require a witness to pro-
duce to such magistrate books, plans, papers, documents,
articles, goods and things likely to be material evidence on
the hearing of any charge, information or complaint, and
the provisions of those sections relating to the neglect or
refusal of a witness, without just excuse, to attend to give
evidence, or to be sworn, or to give evidence, shall apply
accordingly, and a magistrate shall have power to vary or
add to the forms. in the rules made hereunder accord-
ingly. [16





23. (1) In every case of an information for any offence
punishable on summary conviction any variance between
the information and the evidence adduced in support thereof
as to the time at which the offence or act is alleged to have
been committed shall not be deemed material, if it is proved
that such information was in fact laid within the time limited
by law for laying the same; and any variance between the
information and the evidence adduced in support thereof
as to the place in which the offence or act is alleged to
have been committed shall not be deemed material,
provided that the offence or act is proved to have been
enmmitted within the jurisdiction of the magistrate by whom
the information is heard and determined.

(2) If any such variance, or any variance in any other
respect between the information and the evidence adduced
in support thereof, appears to the magistrate present and
acting at the bearing to be such that the party charged by
the information has been thereby deceived or misled, it
shall be lawful for the magistrate, on such terms as he may
think fit, to adjourn the hearing of the case to some future
day, and in the meantime to commit the defendant to prison
or some place of security or to such other custody as the
magistrate may think fit, or to discharge him on his enter-
ing into a recognizance, with or without a surety or sureties,
at the discretion of the magistrate, conditioned for his
appearance at the time and place to which the hearing is
so adjourned : Provided always that in every case in
which a defendant is so discharged on recognizance as
aforesaid and does not afterwards appear at the time and
place mentioned therein, the magistrate then present shall
certify on the back thereof the non-appearance of the
defendant, and may declare the same to be forfeited in
the manner hereinafter provided, and may also forthwith
issue a warrant for the apprehension of the defendant. [17

24. (1) In any complaint or information or the pro-
ceedings thereon in which it is necessary to state the
ownership of any property belonging to or in the possession
of partners, joint tenants, parceners or tenants in common,
it shall be sufficient to name one of. such persons and to
state the property to belong to the person so named and
another or others, as the case may be; and whenever in
any complaint or information or the proceedings thereon





it is necessary to mention for any purpose whatsoever any
partners, joint tenants, parceners or tenants in common,
it shall be sufficient to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the
proceedings thereon it is necessary to state the ownership
of any public work or building maintained or repaired at the
public expense or any materials oi tools provided for the
repair of public highways, roads, buildings, gates, bridges,
lamps, boards, stones, posts, fences or other things erected
or provided for such highways, roads, buildings, gates,
bridges, lamps, boards, stones, posts and fences, or of any
reservoirs, conduits, sewers, drains or other public works
or property of whatsoever description, it shall be
sufficient to describe such property as the property of the
Crown. [18

25. In any case of a complaint upon which a
magistrate may make an order for payment of money or
otherwise, it shall not be necessary that such complaint
shall be in writing unless it is required to be so by the
Ordinance or statute upon which such complaint is
framed. [19

26. In any case of an offence other than an indictable
offence where no time is limited by any Ordinance or
statute for making any complaint or laying any informa
tion in respect of such offence, such complaint shall be
made or such information laid within six months from the
time when the matter of. such complaint or information
respectively arose. [20

27. (1) No objection shall be taken or allowed to any,
complaint, information or summons for any alleged defect
therein in substance or in form, or for any variance between
such complaint, information or summons and the evidence
adduced in support thereof, and the adjudicating magistrate
shall in all cases give judgment upon the substantial merits
and facts,of the case as proved before him, and convict the
defendant of the offence with which he was charged with
such variation as has been warranted by the evidence or
of any offence which under the provisions of paragraph
(c) of subsection (2) of section io could have been tried
therewith.





(2) Whenever in the opinion of the magistrate there
is a defect of substance or there has been any such variance
as aforesaid he shall make the necessary amendment in the
complaint, information or summons and shall read and
explain the same to the defendant.

(3) In every case falling within the preceding sub-
section parties shall be allowed to recall and examine on
matters relevant to such amendment any witness who may
have been examined and to call any further witness:
Provided that if the amendment under subsection (2) is
made after the case for the complainant or informant is
closed no further witness may be called by the complainant
or informant other than such and on such matters only as
it would, notwithstanding the provisions of this section be
permissible to call and put in evidence in rebuttal.

(4) In any case falling within subsection (2) the
magistrate shall grant any adjournment which may be
reasonably necessary to enable the parties to exercise their
rights under subsection (3) or to enable the defendant to
reconsider his defence. [21

28. (1) In every case of a conviction where no
particular form of such conviction is given by the Ordin-
ance or statute creating the offence or regulating the
prosecution for the same, and in every case of a conviction
upon any past Ordinance or statute, whether any particular
form of conviction is therein given or not, it shall be lawful
for the magistrate who so convicts to draw up his convic-
tion in such one of the forms of conviction in the rules
made under this Ordinance as may be applicable to such
case or to the like effect.

(2) Where an order is made, and no particular form
of order is given by the Ordinance or statute givifig
authority to make such order, and in every case of an
order to be made under the authority of any past Ordinance
or statute, whether any particular form of order is therein
given or not, it shall be lawful for the magistrate by whom
such order is to be made to draw up the same in such
one of the forms of orders in the rules made under this
Ordinance as may be applicable to such case, or to the like
effect. [22





29. In a proceeding before a magistrate, without pre
judice to any other mode of proof, service on a person of
any summons, notice, process or document required or
authorized to be served, and the handwriting and seal of
a magistrate or other officer or person on any warrant,
summons, notice, process or document, may be proved by
a solemn declaration taken before a justice of the peace;
and any declaration purporting to be so taken shall, until
the contrary is proved, be sufficient proof of the statements
contained therein, and shall be received in evidence in any
court or legal proceedings without proof of the signature
or official character of the person or persons taking or
signing the same. [23

30. (1) Every warrant to apprehend a defendant in
order that he may answer to any complaint or information
shall be under the hand and seal of the magistrate issuing
the same, and may be directed either to any police officer
by name or generally to all the police officers within the
Colony.

(2) It shall state shortly the matter of the complaint or
information on which it is founded, and shall name or
otherwise describe as far as practicable the person against
whom it has been issued, and it shall order the person
to whom it is directed to apprehend the defendant and to
bring him before a magistrate to answer to the complaint
or information, and to be further dealt with according to
law.

(3) It shall not be necessary to make the warrant
returnable at any particular time, but the same may remain
in full force until it is executed.

(4) The warrant may be executed by apprehending the
defendant at any place within the Colony or the waters
thereof; in every case where the warrant is directed to all
police officers within the Colony, it shall be lawful for any
police officer to execute the warrant in like manner as if
it were directed specially to such police officer by name:
Provided always that no objection shall be taken or allowed
to any warrant to apprehend a defendant so issued on an),
such complaint or information as aforesaid under or by
virtue of this Ordinance for any alleged defect therein in
substance or in form, or for any variance between it and





the evidence adduced on the part of the complainant or
informant; but if any such variance appears to the
magistrate at the hearing to be such that the party ap-
prehended has been thereby deceived or misled, it shall
be lawful for the magistrate, on such terms as he may
think fit, to adjourn the hearing of the case to some future
day, and in the meantime to commit the defendant to
prison or some place of security or to such other custody
as the magistrate may think fit, or to discharge him on
his entering into a recognizance, with or without a surety
or sureties, at the discretion of the magistrate, conditioned
for his appearance at the time and place to which the
hearing is so adjourned: Provided also that in every
case where a defendant is discharged on recognizance as
.aforesaid and does not afterwards appear at the time and
place mentioned therein, the magistrate then present shall
certify on the back thereof the non-appearance of the
defendant and may declare the same to be forfeited, and
may also forthwith issue a warrant for the apprehension of
the defendant. [24

31. Any warrant or summons issued by a magistrate
under this or any other Ordinance or statute shall not be
avoided by reason of the magistrate who signed the same
dying or ceasing to hold office. [25

32. The following provisions shall apply to proceed-
ing before magistrates-
(a) the description of any offence in the words of the
Ordinance or statute or any order, by-law, regula-
tion or other document creating the offence, or in
similar words, shall be sufficient in law;
(b) any exception, exemption, proviso, excuse or
qualification, whether it does or does not
accompany in the same section the description of
the offence in the Ordinance or statute, order, by-
law, regulation or other document creating the
offence, may be proved by the defendant, but need
not be specified or negatived in the complaint or
information, and if so specified or negatived no
proof in relation to the matter so specified or
negatived shall be required on the part of the





complainant or informant ,
(c)a warrant of commitment shall not be held void by
reason of any defect therein, if it is alleged that
the offender has been convicted or ordered to do
or to abstain from doing any act or thing
required to be done or left undone, and there is
a good and valid conviction or order to sustain
the same;
(d) a warrant of distress shall not be deemed void by
reason only of any defect therein, if it is therein
alleged that a conviction or order has been made,
and there is a good and valid conviction or order
to sustain the same, and a person acting under a
warrant of distress shall not be deemed a trespasser
ab initio by reason only of any defect in the war-
rant or of any irregularity in the execution of the
warrant; but this enactment shall not prejudice the
right of any person to satisfaction for any special
damage caused by any defect in or irregularity in
execution of a warrant of distress; and
(e) all goods forfeited by order of a magistrate may be
sold in such manner as the magistrate may
direct. [27

33. (1) In all proceedings under this Part, the magis-
trate at the hearing shall take or cause to be taken in writing
a full minute, so far as circumstances permit, of the follow-
ing matters-
(a) the nature of the complaint or information.;
(b) the names of the complainant, informant or proseuc-
tor, and of the defendant, and of the respective
witnesses on either side;
(c) the evidence or depositions of the witnesses;
(d) objections to the admissibility of evidence and
whether the same have been allowed or disallowed;
and
(e) the fines, if any, paid into court.
(2) The minute shall, immediately after the close of
the case, be handed to the magistrates' clerk for safe,
custody. [28

34. (1) The magistrates' clerk shall keep a register in
the prescribed form of the minutes or memoranda of all the
convictions and orders of the magistrate and of such other





proceedings as are directed by rules made under section 131
to be registered.

(2) The register, and also any extract from the register
certified by the clerk keeping the same to be a true extract,
shall be prima facie evidence of the matters entered therein
for the purpose of informing a magistrate, but nothing in
this section shall dispense with the legal proof of a previous
conviction for an offence when required to be proved against
a person charged with another offence.

(3 ). The entries relating to each minute, memorandum
or proceeding shall contain the name of the magistrate before
whom the conviction, order or proceeding referred to therein
was made or had.

(4) Every sum paid to the magistrates' clerk in accor-
dance with this Ordinance, and the appropriation of such
sum., shall be entered and authenticated in the manner
directed by rules made under section 131.

(5) Every such register shall be open for inspection,
without fee or reward, by a magistrate or by any person
authorized in that behalf by a magistrate or by the Governor
or Colonial Secretary. [29

Special provisions.

35. (1) Where any person is charged before a magistrate
with an offence punishable on summary conviction, and the
magistrate thinks that the charge is proved but is of opinion
that, having regard to the character, antecedents, age, health
or mental condition of the person charged or to the trivial
nature of the offence or to the extenuating circumstances
under which the offence was committed, it is inexpedient to
inflict any punishment or any other than a nominal punish-
ment, or that it is expedient to release the offender on proba-
tion. the magistrate may without proceeding to conviction
make an order either-
(a) dismissing the information or charge; or
(b)discharging the offender conditionally on his enter-
ing into a recognizance, with or without sureties,
in a sum not greater than five hundred dollars, to
be of good behaviour and to appear for conviction
and sentence when called on at any time during such





period, not exceeding three years, as may be speci-
fied.in the order.

(2) The magistrate may, where lie inakes an ordei
under this section, further order that the offender shall pay
such costs of the proceedings or such damages for injury
or compensation for loss (not exceeding five hundred dollars
or, if a higher limit is fixed by any enactment relating to the
offence, that higher limit) as he thinks reasonable, or both
such costs and damages or compensation.

(3) An order made by a magistrate under this section
shall, for the purpose of revesting or restoring stolen
property and of enabling the magistrate to make orders as to
the restitution or delivery of property to the owner and as
to the payment of money upon or in connexion with such
restitution or delivery, have the like effect as a conviction.

(4) The magistrate rnay order the defendant in default
of compliance with any order made under subsection (2) to
be imprisoned without hard labour for six months. [30

36. (1) Subject to the provisions of subsections (2) and
(3) where a term of imprisonment is imposed by a magis-
trate in respect of the non-payment of any sum of money
adjudged to be paid by a conviction or order, that term shall,
on payment of a part of such sum to any person authorized
by a magistrate to receive it, be reduced by a number of days
bearing as nearly as possible the same proportion to the
total number of days in the term as the sum paid bears to
the sum adjudged to be paid.

(2) Notwithstanding the provisions of subsection (1),
no person who has been sentenced to imprisonment in
default of payment adjudged to be paid by a
conviction or order shall be-entitled to be discharged on the
first day of his imprisonment except upon the payment in
full of the sum in respect of which the sentence of imprison
ment was imposed.

(3) Notwithstanding the provisions of subsection (i),
where any person who has been sentenced to imprisonment
in default of payment of a sum of money adjudged to be
paid by a conviction or order earns under the Prison Rules
any remission of the sentence, the term of his imprisonment





shall for the purposes of subsection (i) be deemed, at any
given time, to have been reduced by such period of remission
as may at the time stand to his credit. [31

37. Where a defendant is fined a sum not exceeding
one hundred dollars and the same is not forthwith paid,
the magistrate may order the defendant to be searched, and
if on being sealrehed he is found to have on his person
money equal to the amount of his fine, it shall be lawful
for the magistrate, upon oath made to him of the fact by
any person who was present when the defendant was
searched, to order that so much of the money as may be
sufficient to satisfy the fine be forfeited, and that the
defendant be thereupon discharged from custody. A
similar order may be made where sufficient m oney to satisfy
the fine has been found on the defendant as the result of
a previous search by the police. [32

38. Where in the case either of imprisonment or a fine
there is prescribed a requirement for the offender to enter
into his recognizance and to find sureties for keeping the
peace and observing some other condition, or to do any of
such things, the magistrate may dispense with any require
ment or any part thereof. [33

39. (1) Where a power is. given by any future enact-
ment to a magistrate of requiring any person to do or to
abstain from doing any act or thing, other than the
payment of money, or of requiring any act or thing to be
done or left undone, other than the payment of money, and
no mode is prescribed of enforcing such requisition, a
magistrate may exercise such power by an order and may
annex thereto any conditions as to time or mode of action
which he may think just, and may.suspend or rescind any
such order on such undertaking being given or condition
being performed as he may think just, and generally may
make such arrangements for carrying into effect such power
as to him may seem meet.

(2) A person making default in complying with any
such order shall be punished in the prescribed manner, or,
if no punishment is prescribed, may be ordered to pay a
sum of twenty-five dollars for every day during which he





is in default, or to be imprisoned. without hard labour, until
he has remedied his default: Provided that a person shall
not, for non-compliance with the requisition of a magistrate,
whether made by one or more orders, to do or to abstain
from doing any act or thing, be liable under this section to
imprisonment for any term or terms amounting in the
aggregate to more than three months or to payment of any
sums exceeding in the aggregate one thousand dollars. [34

40. (1) The magistrate by whose conviction or order
any sum is adjudged to be paid may do all or any of the
following things
(a) allow time for the payment of the sum;
(b)direct payment, to be made of the sum,. by
instalments; and
(c)direct that the person liable to pay the sum shall
be at liberty to give, to the satisfaction of a
macristrate or such person as may be specified by
the, magistrate adjudging the money to be paid,
security, with or without a surety or sureties, for
the payment of the sum or of any instalment
thereof, and such security may be given and
enforced in manner provided by this Ordinance.

(2) Where a sum is directed to be paid by instalments
and default is made in the payment of any one instalment,
the same proceedings may be taken as if default had been
made in payment of all the instalments then remaining
unpaid.

(3) A magistrate directing the payment of a sum or of
an instalment of a sum may direct such payment to be
made at such time and in such place and to such person as
may be specified by the magistrate, and every person, not
being the magistrates' clerk, to whom any such sum or
instalment is paid shall as soon as may be account for and
pay over the same to such clerk. [35

41. Where any property has been taken from a person
charged before a magistrate with an offence punishable
either on indictment or on summary conviction, a report
shall be made by the police on the charge sheet to the
magistrate of the fact of such property having been taken
from the accused or defendant and of the particulars thereof,





and the magistrate may, if he is of opinion that the property
or any portion thereof can be returned consistently with the
interests of justice and with the safe custody of the accused
or defendant, direct such property or any portion thereof to
be returned to the accused or defendant or such other person
as he may direct. [36

42. Every person who aids, abets, counsels or procures
the commission of any offence punishable by a magistrate
on summary conviction shall be liable to be proceeded
against and convicted for the same, either together with
the principal offender or before or after his conviction, and
shall be liable to the same punishment and penalties as
such principal may by law be liable. [37

43. A special magistrate shall not, by cumulative
sentences of imprisonment (other than for default of finding
sureties) to take effect in succession in respect of several
assaults committed on the same occasion, impose on any
person imprisonment for the whole' exceeding six months;
but nothing in this section shall be deemed to affect the
provisions contained in section 91. [38

44. If information is given upon oath to any magistrate
or justice of the peace that there is reasonable cause for
suspecting that any thing stolen or unlawfully obtained is
concealed or lodged in any dwelling-house or other place,
it shall be lawful for the magistrate or justice, by special
warrant under his hand directed to any police officer,
to cause every such dwelling-house or place to be entered
and searched at any time of the day or by night, if power
for that purpose is given by such warrant; and the
magistrate or justice may empower such officer, with such
assistance as may be found necessary (such officer having
previously made known such his authority), to use force for
effecting such entry, whether by breaking open doors or
otherwise; and if, on search thereupon made, any such thing
is found, then to convey the same before a magistrate, or
to guard the same on the spot until the offender is taken
before a magistrate, or otherwise to dispose thereof in some
place of safety, and moreover to take into custody and carry
before a magistrate every person found in such house or
place who appears to have been privy to the deposit of any





such thing, knowing or having reasonable cause to suspect
the same to hai,e been stolen or otherwise unlawfully
obtained. [39

45. (1) When any person is brought beforeany magis-
trate charged with having or conveying any thing reason-
ably suspected of having been stolen or unlawfully obtained,
and declares that he received the same from some other
person, or that he was employed as a carrier, agent or
servant to convey the same for some other person, the
magistrate is hereby authorized and required to cause
every such person, and also if necessary every former or
pretended purchaser or other person into whose possession
the same has passed to be brought before him and
examined, and to examine witnesses upon oath touching
the same.

(2) If it appears to the magistrate that any person has
had possession of such thing, and had reasonable cause to
believe the same to have been stolen or unlawfuly obtained,
every such person shall be deemed guilty of an offence and
to have had possession of sucfi thing at the time and place
when and where the same has been found and seized (and
the possession of a carrier, agent or servant shall be
deemed to be the possession of the person who has employed
such other person to convey the same), and shall be liable
to a fine of one thousand dollars or to imprisonment for
three months. [40

46. (1) If any goods are stole.n or unlawfully obtained
from any person, or, having been lawfully obtained, are
unlawfully deposited, pledged, sold or. exchanged, and
complaint is made thereof to a magistrate, and that such
goods are in the possession of any broker, dealer in marine
stores or other dealer in second-hand property, or of any
person who has lent money upon the credit of such goods,
it shall be lawful for the magistrate to issue a summons or
warrant for the appearance of such broker, dealer or lender
and for the production of such goods to be delivered up to
the owner thereof, either without payment or on payment
of such sum and at such time as the magistrate may think
fit.





(2) Every broker, dealer or lender who, having been so
ordered, refuses or neglects to deliver up the goods, or who
disposes of or makes away with the same after notice that
such goods were stolen or unlawfully obtained as aforesaid,
shall forfeit to the owner of the goods the full value thereof:
Provided always that no such order shall bar any such
broker, dealer or lender from recovering possession of such
goods by action from the person into whose possession they
may come by virtue of the magistrate's order, provided
that such action is commenced within six months next after
such order has been made.

(3) Nothing in this section shall affectpawn-
brokers. [41

47. (1) It shall be lawful for a magistrate to order that
any goods brought before him which have been unlawfully
pledged or exchanged, and the ownership of which is
established to his satisfaction, shall be d elivered up to the
.owner by the person with whom they were so unlawfully
pledged or exchanged, either without compensation or with
such compensation to that person as he may think fit.

(2) Nothing in this section shall affect pawn-
brokers. [42
48. (1)Where any property has come into the
possession of the police in connexion with any criminal
offence whether committed in the Colony or not, a
magistrate may-
a) on appcation by the police or by, a claimant of
the property make an order for the delivery of the
property to the erson a earin to the magistrate
to be the owner thereof; or

(b)on application by the police if the owner is
unknown or cannot be traced and such property
is perishable or its retention in police custody is
likely to involve unreasonable expense or in-
convenience make an order either that such
property be sold or if sale is on grounds of public
health or otherwise howsoever, unlawful, dangerous
or impracticable that it be retained in police custody
or disposed of in such manner including destruc-
tion, as the magistrate may direct:





Provided that no such order shall be made either under
paragraph (a) or (b) unless the magistrate is satisfied that
the property will not be required. as an exhibit in any
further proceedings before a magistrate or before the court
and is not perishable and no such order shall be made
until ten days after the determination of such trial and
tliat, if in the meanwhile an appeal has been lodged under
section 103 or 111, no such order shall be made until any
such appeai has been determined or abandoned.

(2) Where an order for sale has been made under the
preceding subsection, the rights of any person in the
property ordered to be. sold shall be extinguished in favour
of the Crown, but he shall, until the expiration of six
months from the time when such property came into the
bands of the police, have a corresponding interest -in the
proceeds of sale. Upon the expiration of such period of
six months then subject to any order made by a magistrate
under subsection (3) pursuant to an application lodged
before the expiration of such period the proceeds of sale
shall be forfeited to the Crown.

(3) A magistrate may upon application by a person
claiming a right in the proceeds of sale order that such
proceeds or the portion thereof to which a right has been
established shall be paid to the person establishing such
right.

(4) Where the retention or disposal of property is
ordered under paragraph (b) of subsection (i), the order
shall not affect the right of any person to take within six
months from the date of the order legal proceedings against
any person in possession of property delivered to him by
virtue of such order, but on the expiration of those *six
months the right shall cease.

(5) Where by any other enactment it is provided that
any prticular property or class of property should or may
be forfeited stroyed or disposed of, then the provisions
of such enactment shall prevail. [43

49. In case any person lays any information before a
magistrate for any offence alleged to have been committed,
by which he was not personally aggrieved, and afterwards





directly or indirectly receives, without the permission of a
magistrate, any sum of money or reward for compounding,
delaying or withdrawing the information, it shall be lawful
for a magistrate to issue his warrant or summons, as he
may deem best, for bringing before him the person charged
with such compounding, delay or withdrawal; and if such
offence is proved by the confession of the said informer or
by the oath of any credible witness, he shall be liable to
a penalty of five hundred dollars. [44

Distress and committal warraitis.

50. Where a conviction adjudges a fine to be paid or
where an order requires the payment of a sum of money
and by the enactment authorizing such conviction or order
such fine or sum of money is to be levied on the goods and
chattels of the defendant by distress and sale thereof, and
also in cases where by the enactment in that behalf no mode
of raising or levying such fine or sum of money or of
enforcing the payment of the same is stated or provided,
it shall be lawful for a magistrate to issue his warrant of
distress for the purpose of levying the same, which shall be
in writing under his hand and seal: - Provided always that
whenever it appears to the magistrate to whom application
is made for any such warrant that the issuing thereof would
be ruinous to the defendant and his family, or whenever it
appears to the magistrate, by the confession of the defendant
or otherwise, that he has no goods or chattels whereon to
levy the distress, or whenever in the opinion of the
magistrate it is inexpedient to issue such warrant, then and
in every such case it shall be lawful for the magistrate,
instead of issuing the warrant of distress, to commit the
defendant to prison, with or without hard labour for such
time and in such manner as by law the defendant'might
be so committed in case such warrant had issued and no
goods or chattels could be found whereon to levy such fine
or sum and costs aforesaid. [45

51. Where a magistrate issues any such warrant of
distress it shall be lawful for him to suffer the defendant to
go at large, or, by a written warrant in that behalf or
verbally, to order the defendant to be kept and detained
in safe custody until return is made to the warrant, unless





the defendant gives sufficient security, by recognizance or
otherwise, to the satisfaction of the magistrate, for his
appearance before a magistrate at the time and place
appointed for the return of the warrant: Provided always
that in any case where a defendant gives security by
recognizance as aforesaid, and does not afterwards appear
at the time and place mentioned therein, the magistrate
then present may forthwith declare the same to be estreated
in manner hereinafter provided. [46

52. If at the time and place appointed for the return
of any such warrant of distress the police officer or other
officer who has had the execution of the same returns that
lie could find no goods or chattels or no sufficient goods or
chattels whereon he could levy the sum or sums therein
mentioned, together with the costs of or occasioned by the
levying of the same, it shall be lawful for the magistrate
before whom the same is returned to issue his warrant of
commitment under his hand dnd seal, directed to the same
or any other police officer or other officer, reciting the
conviction or order shortly, the issuing of the warrant of
distress, and the return thereto, and requiring such police
officer or other officer to convey the defendant to prison,
and there to deliver him to the Commissioner of Prisons,
and requiring the said Commissioner to receive the
defendant and to imprison him, or to imprison him and
keep him to hard labour, in such manner and for such
time as the enactment on which the conviction or order
mentioned in the warrant of distress is founded directs,
unless the sum or sums adjudged to be paid, and all costs
and charges of the distress (the amount thereof being
ascertained and stated in the commitment) shall be sooner
paid. [47

53. Whenever it is returned to a warrant of distress
issued for the recovery of a fine or sum of money ordered
to be paid under a conviction or order that no sufficient
goods of the party against whom such warrant has been
issued can be found, and by the enactment under the
provisions of which such conviction or order was made no
further remedy or punishment is provided for the non-
payment of such fine or sum of money, it shall nevertheless
be lawful for a magistrate, if he thinks fit, by his warrant





as aforesaid, to commit the defendant to prison, with or
without hard labour, for such period as may be in accord-
ance with the scale provided by section 67, unless the fine
or sum adjudged to be paid, and all costs and charges of
the distress (the amount thereof being ascertained and stated
in the commitment), shall be sooner paid. [48

54. Where the enactment by virtue of which a convic-
tion for a fine or an order for the payment of money is made
makes no provision for such fine or sum being levied by
distress, but directs that, if the same be not paid forthwith
or withina certain time therein mentioned or to be mentioned
in the conviction or order, the defendant shall be imprisoned,
or imprisoned and kept to hard labour, for a certain time,
unless such fine or sum shall be sooner paid, in every such
case such fine or sum shall not be levied by distress; but
if the defendant does not pay the same, together with costs,
if awarded, forthwith, or at the time specified in the convic-
tion or order for the payment of the same, it shall be. lawful
for a magistrate to issue his warrant of commitment under
his hand and seal, requiring the police officer to whom the.
same is directed to take and convey the defendant to prison
and there to deliver him to the Commissioner of Prisons,
and . requiring the said Commissioner to receive the
defendant and to imprison him or to imprison him and
keep him to hard labour, as the case may be for such time
as the enactment on which the conviction or order is
founded as aforesaid directs, unless the fine or sum
adjudged to be paid shall be sooner paid. [49

55. (1) Where a conviction does not order the pay-
ment of any fine but that the defendant be imprisoned, or
imprisoned and kept to hard labour, or where an order is
not for the payment of money but for the doing of some
other act, and directs that, in case of the defendant's refusal
or neglect to do such act, he shall be imprisoned, or
imprisoned and kept to hard labour, and the defendant
refuses or neglects to do such act, in every such case it shall
be lawful for a magistrate to issue his warrant of commit-
ment. under his hand and seal, requiring the police officer
to whom the same is directed to take' and convey the
defendant to prison and there to deliver him to the.
Commissioner of Prisons, and requiring the said Commis-





sioner to receive the defendant and to imprison him., or to
imprison him and keep him to hard labour, as the case may
be, for such time as the Ordinance or statute on which tl~e
conviction or order is founded as aforesaid directs.

(2) In any such case, where by, the conviction or order
any sum for costs is adjudged to be paid by the defendant
to the complainant or informant, such sum may, if the
magistrate thinks fit, be levied by warrant of distress in
manner aforesaid, and, in default of distress, the defendant
may be also committed to prison there to be kept for one
month, with or without hard labour, to commernce at the
termination of the imprisonment which he is then under-
going, unless Such sum for costs and all costs and charges
of the distress shall be sooner paid. [50

56. Where a term of imprisonment is imposed by a
magistrate, either in the first instance or in respect of the
non-payment of any sum of money adjudged to be paid by
a conviction or order, the magistrate may order that the said
term shall commence at the expiration, in whatever manner,
of any other term of imprisonment which has previously
been imposed by any court:Provided that where two or
more terms of imprisonment imposed by a magistrate are
ordered to run consecutively the aggregate of the said terms
of imprisonment shall not, in the case of a special
magistrate, exceed twelve months and in the case of a
permanent magistrate exceed three years. Nothing in the
foregoing proviso shall be deemed to affect the provisions
of section 43. [51

57. Where any person against whom a warrant of
distress issues as aforesaid pays or tenders to the police
officer or other officer having the execution of the same the
suni mentioned in the warrant, together with the amount of
the expenses of the distress up to the time of such payment
or tender, such police officer or other officer shall cease to
execute the same; and where any person is imprisoned as
aforesaid for non-payment ofany fine or other sum he may
pay or cause to be paid to the Commissioner of Prisons the
sum mentioned in the warrant of commitment, together
with the amount of the costs therein mentioned, and the
said Commissioner shall receive the same, and shall there-
upon discharge such person if he is in his custody for no
other matter. [52





58. The following provisions shall apply with respect
to warrants of distress issued by a magistrate under this
Ordinance-
(a)a warrant of distress shall be executed by or under
the direction of a police officer or other officer;
(b)save in so far as the person against whom the
distress is levied otherwise consents the distress
shall be sold by public auction, and five clear days
at the least shall intervene between the making of
the distress and the sale, unless the goods dis-
trained are perishable, and when consent is so
given as aforesaid the sale may be made in accord-
ance with such consent;
(c)subject as aforesaid the distress shall be sold within
the period fixed by the warrant, and, if no period
is so fixed, then within the period of fourteen days
from the date of the making of the distress, unless
the sum for which the warrant was issued, and also
the charges of ta'acing and keeping the distress, are
sooner paid;
(d)subject to any directions to the contrary given by
the warrant of distress, when the distress is levied
on household goods, the goods shall not, except
with the consent in writing of the person against
whom the distress is levied, be removed from the
house until the day of sale, but so much of the
goods shall be impounded as are, in the opinion
of the person executing the warrant, sufficient to
satisfy the distress, by affixing to the articles
impounded a conspicuous mark; and every person
removing any goods so marked or defacing or
removing the said mark shall upon summary con-
viction be liable to a fine of one hundred dollars;
(e)where a person charged with the execution of a
warrant of distress wilfully retains from the produce
of any goods sold to satisfy the distress or other-
wise exacts any greater costs and charges than
those to which he is for the time being entitled
by law or makes any improper charge, he shall
upon summary conviction be liable to a fine of
one hundred dollars;





(f) a written account of the costs and charges incurred
in respect of the execution of any warrant of
distress shall be sent by the officer charged with
the execution of the warrant as soon as practicable
to the magistrates' clerk; and it shall be lawful for
the person on whose goods the distress was levied,
within one month after the levy of the distress, to
inspect such account without fee or reward, at any
reasonable time to be appointed by a magistrate,
and to take a copy of such account;
(g) an officer charged with the execution of a warrant
of distress shall cause the distress to be sold, and
may deduct out of the amount realised by the sale
all
costs and charges actually incurred in effecting
the sale, and shall render to the owner the sur-
plus, if any, after retaining the amount for which
the warrant was issued and the proper costs and
charges of the execution of the warrant;
(h)where a person pays or tenders to the officer
charged with the execution of a warrant of distress
the sum mentioned in the warrant or produces the
receipt for the same of the magistrates' clerk, and
also pays the amount of the costs and charges of
the distress up to the time of such payment or
tender, the officer shall not execute the warrant;
and
(i) where a claim is made to or in respect of property
taken Fri execution under this section by any person
other than the party against whom such execution
issued, such claim shall be heard and determined
by the magistrate upon a summons calling before
him as well such claimant as the party on whose
behalf such execution issued, and the decision of
the magistrate upon such claim shall be final. [53

59. (1) A magistrate to whom application is made
either to issue a warrant of distress for any sum adjudged
to be paid by a conviction or order, or to issue a warrant
for committing a person to prison for non-payment of a
sum of money adjudged to be paid by a conviction or,
in the case of a sum not a civil debt, by an order, or for
default of sufficient distress to satisfy any such sum, may,
if he deems it expedient to do so, postpone the issue of





such warrant until such time and on such conditions, if
any, as to him may seem just.

(2) The wearing apparel and bedding of a person and
his family and, to the value of one hundred dollars, the
tools and implements of his trade shall not be taken under
a distress issued by a magistrate.

(3) Where, on application made to a magistrate to
issue a warrant for committing a person to prison for non-
payment of a sum adjudged to be paid by a conviction
or, in the case of a sum not a civil debt, by an order, or
for default of sufficient distress to satisfy any such sum,
it appears to the magistrate to whom the application is
made that, either by payment of part of the said sum,
whether in the shape of instalments or otherwise, or by the
net proceeds of the distress, the amount of the sum so
adjudged has been reduced to such an extent that the
unsatisfied balance, if it had constituted the original amount
adjudged to be paid by the conviction or order, would have
subjected the defendant to a maximum term of imprison-
ment less than the term of imprisonment to which lie is
liable under such conviction or order, the magistrate shall,
by his warrant of commitment revoke the term of imprison-
ment, and order the defendant to be imprisoned for a term
not exceeding such less maximum term instead of the term
originally mentioned in the conviction or order. [54

Recognizances, etc.

60. (1) The power of a magistrate, on complaint of
any person, to adjudge a person to enter into a recognizance
and find sureties to keep the peace or to be of good
behaviour towards such first-mentioned person shall be
exercised by an order upon complaint, and the provisions
of this Ordinance shall apply accordingly, and the com-
plainant, and defendant and witnesses may be called and
examined and cross-examined, and the complainant and
defendant shall be subject to costs, as in the case of any
other complaint.

(2) The magistrate may order the defendant, in default
of compliance with such last-mentioned order, to be
imprisoned, withoutt hard labour, for six months. [55





61. Where a person has been committed to prison by
a magistrate for default in finding sureties, a magistrate
may, on application made to him in manner directed by
rules made under section 131 by such person or by some
one acting on his behalf, inquire into the case of the person
so committed, and if, on new evidence produced to the
magistrate or proof of a change of circumstances, the
magistrate thinks, having regard to all the circumstances
of the case, that it is just to do so, he may reduce the
amount for which it is proposed the sureties or surety
should be bound, or dispense with the sureties or surety,
or otherwise deal with the case as he may think just. [56

62. When a magistrate has fixed, as respects any
recognizance, the amount in which the principal and the
sureties, if any, are to be bound, the recognizance, not-
withstanding anything in this or any past enactment, need
not be entered into before such magistrate, but may, subject
to rules made under section 131, be entered into by the
parties before another magistrate or before the magistrates'
clerk or before a superintendent or inspector of police or,
where any of the parties is in prison, before the Commis-
sioner of Prisons; and thereupon all the consequences of
law shall ensue and the provisions of this Ordinance with
respect to recognizances taken before a magistrate shall
apply as if the recognizance had been entered into before
a magistrate as heretofore by law required.
[57

63. (1) A person shall give security under this Part,
whether as principal or surety, either by the deposit of
inoney with the magistrates' clerk or by an oral or written
acknowledgment of the undertaking or condition by which
and of the sum for which he is bound, and evidence of
such security may be provided by the entry thereof in the
register of the proceedings of the magistrates.

(2) Any sum which may become due in pursuance of
a security under this Part from a surety shall be recover-
aMe summarily in manner directed by this Ordinance with
respect to a civil debt on complaint by a police officer or
by the magistrates' clerk or by some other person authorized
for the purpose by a magistrate.





(3) A magistrate may enforce payment of any sum due
by a principal in pursuance of a security under this Part
which appears to him to be forfeited, in like manner as
if that sum were adjudged to be paid as a fine, if the
security was given for a sum adjudged by a conviction.,
and in any other case in like manner as if it were a sum
adjudged to be paid as a civil debt : Provided that, before
a warrant of distress for the sum is issued, notice of the
forfeiture shall be served on the said principal in manner
prescribed by rules made under section 131.

(4) Any sum paid by a surety on behalf of his prin-
cipal in respect of a security under this Part, together with
all costs, charges and expenses incurred by such surety in
respect of that security, shall be deemed a civil debt due
to him from the principal, and may be recovered before
a magistrate in manner directed by this Ordinance with
respect to the.recovery of a civil debt which is recoverable
summarily.

(5) Where security is given under this Part for pay
ment of a sum of money, the payment of such sum shall
be enforced by means of such security in substitution For
other means of enforcing such payment. [58

64 (1) Where a recognizance is conditioned for the
appearance of a person before a magistrate or for his doing
some other matter or thing to be done before or by order
of a magistrafe or in a proceeding before a magistrate, such
magistrate, if the recognizance appears to him to be for-
feited, may declare the recognizance to be forfeited and
enforce payment of the sum due under it in the same
manner as if the sum were a fine adjudged by a magistrate
to be paid and the amount of the same were ascertained
by a conviction : Provided that, at any tirne before the
sale of goods under a warrant of distress for the said sum,
a magistrate may cancel or mitigate the forfeiture on the
person liable applying and giving security, to the satisfac-
tion of the magistrate, for the future performance of the
condition of the recognizance, and paying or giving secur-
ity for payment of the costs incurred in respect of the
forfeiture, or on such other conditions as the magistrate
may think just.





(2) Where a recognizance conditioned to keep th
peace, or to be of good behaviour, or not to do or commi
some act or thing has been entered into by any person
as principal or surety before a magistrate, any magistrate,
on proof of the conviction of the person bound as principa
by the recognizance of any offence which is in law a breach
of the condition of the same, may by conviction adjudge
the recognizance to be forfeited, and adjudge the persons
bound thereby, whether as principal or sureties, or any of
such persons, to pay the sums for which they are respec-
tively bound.

(3) All sums paid in respect of a recognizance declared
or adjudged by a magistrate in pursuance of this section to
be forfeited shall be paid to the magistrates clerk, and
shall be paid and applied by him in such manner as the
Accountant General may direct. [59

Civil debts.

65. A civil debt may be recovered on summons and
enforced in the manner hereinafter provided; and the pay
ment of any costs ordered to be paid by the complainant
or defendant in the case of any such complaint shall be
enforced in like manner as such civil debt and not other
wise. [60

66. (1) Any sum of money recoverable summarily as
a civil debt within the meaning of this or any other Ordin-
ance, or in respect of the recovery of which jurisdiction
is given by such Ordinance to a magistrate, shall be deemed
to be a sum for payhIent of which a magistrate has authority
by law to make an order on complaint under this Ordin-
ance : Provided as follows-
(a)a warrant shall not be issued for apprehending any
person for failing to appear to answer any such
complaint; and
(b)an order made by a magistrate for the payment
of any such civil debt as aforesaid or of any instal-
ment thereof or for the payment of the costs in
the matter of any such complaint, whether ordered
to be paid by the complainant or the defendant,
shall not, in default of distress or otherwise, be
enforced by imprisonment, unless it is proved, to





the satisfaction of a magistrate, that the person
making the default in payment of such civil debt,
instalment or costs either has, or has had since
the date of the order, the means to pay the sum
in respect of which he has made default and has
refused or neglected or refuses or neglects to pay
the same, and in any such case the magistrate shall
have power to imprison the defendant for three
weeks, unless the same shall be sooner paid.

(2) Proof of the rneans of the person making default
may be given in such manner as the magistrate to whom
application is made for commitment to prison may think
just. [61

Scale of imprisonment for non-payment of money, etc.

67. Unless in any enactmentit is otherwise provided,
the period of imprisonment, with or without hard labour,
which may be imposed by a magistrate exercising summary
jurisdiction, in respect of the non-payment of any sum of
money adjudged to be paid by a conviction, whether it
be.a fine or in respect of the property the subject of the
offence, or in respect of the injury done by the offender,
or in respect of the default of a sufficient distress to satisfy
any such sum, shall be such period as, in the opinion of
the magistrate, will satisfy the justice of the case, but shall
not exceed in any case the maximum fixed by the following
scale-

the period of
Where the amount- imprisonment
shall not exceed-

does not exceed $20 ..........7 days
exceeds $20 but does not exceed $50 14
$50 $100 ......1 month
$100 $500 ......2 months
$500 $1,000 ....3
$1,000 ..................6

Where the fine or other sum adjudged to be paid is
imposed by a sentence in addition to a term of imprison-
ment, the imprisonment imposed under this section or any
other enactment shall commence from the expiration of the
term of imprisonment imposed by the sentence.





This section shall apply to fines imposed by a marine
magistrate under the Merchant ShippingOrdinance,
1899. [62

Costs.

68. (1) In every case of summary conviction or of an
order made by a magistrate, except as provided in section
70, it shall be lawful for the magistrate making the same
to award and order in and by the conviction or order that
the defendant shall pay to the complainant or informant
respectively such costs as to him may seem just and, reason-
able in that behalf, but not in any case exceeding fifty
dollars; and in any case where the magistrate, instead of
convicting or making an order as aforesaid, dismisses the
complaint or information, it shall be lawful for him, in
and by his order of dismissal, to award and order that the
complainant or informant respectively shall pay to the
defendant such costs as to him may seem just and reason-
able, but not in any case exceeding fifty dollars.

(2) The sum so allowed for costs shall in every case
be specified in the conviction or order or order of dismissal
as aforesaid, and the same shall be recoverable in the same
manner and under the same warrants as a fine or a sum
of money adjudged to be paid in and by such conviction
or order is to be recoverable, and in any case where there
is no such fine or sum to be thereby recovered, then such
costs shall be recoverable by distress and sale of the goods
and chattels of the party or by imprisonment for any term
not exceeding fourteen days, unless such costs shall be
sooner paid. [63

69. Where a complaint or information is dismissed
with costs, the sum awarded for costs in the order for
dismissal may be levied by distress on the goods and
chattels of the complainant or informant, and, in default
of distress or payment, the complainant or informant may
be committed to prison, without hard labour, for fourteen
days, unless such sum, and all costs and charges of the
distress (the airnount thereof being ascertained and stated
in the commitment) shall be sooner paid. [64





70. (1) Where a fine adjudged by a conviction by a
magistrate to be paid does not exceed twenty dollars, then,
except so far as the magistrate may think fit expressly to
order otherwise, an order shall not be made for payment
by the defendant to the complainant or informant of any
costs; and the magistrate shall, except so far as he thinks
fit expressly to order otherwise, direct all fees payable or
paid by the complainant or informant to be remitted or
repaid to him.

(2) The magistrate may also order the fine or any part
thereof to be paid to the complainant or informant in or
towards the payment of his costs. [65

PART III.

INDICTABLE OFFENCES.


71. (1) In every case where a charge or complaint is made suspect to
to have committed any treason, felony or
indictable misdemeanor or other indictable offence over
which the magistrate has jurisdiction, then, if the accused
is not then in custody, it shall be lawful for the magistrate
to issue his warrant to apprehend the accused and to cause
hirn to be brought before a magistrate to answer to the
charg-p-or complain't and to be further dealt with according
to iaw; but in any Case it shall be lawful for the, magis-
trate to whom the charge or. complaint is preferred, if lie
so thinks fit, instead of issuing his warrant in the first
instance to apprehend the accused, to issue his summons
directed to the accused requiring him to appear before a
magistrate at a time and place to be therein mentioned;
and if, after being served with the summons in manner
hereinafter mentioned, he fails to appear at such time and
place in obedience to such summons, then and in every
such case any magistrate may issue his warrant to apprehend
the accused and to cause him to be brought before a magis-
trate to answer to the charge or complaint and to be further
dealt with according to law.

(2) Nothing in this section shall prevent a magistrate
frorn issuing the warrant hereinbefore first mentioned at any
time before or after the time mentioned in the summons
for the appearance of the accused. [66





72. In every case of felony or misdemeanor committed
on the high seas, or in foreign parts, or in any creek,
harbour, haven or other place within the jurisdiction of the
Admiralty for which an indictment may be preferred by
the Attorney General, it shall be lawful for any magistrate,
if the accused resides or is supposed to reside or be within
the Colony or the waters thereof, to issue his warrant to
apprehend the accused and to cause him to be brought
before a magistrate to answer to the charge and to be
further dealt with according to law. [67

73. (1) Where an indictment is filed by the Attorney
General against any person who is then at large, and
whether such person has been bound by recognizance to
appear to answer to the same or not, the Registrar, on
the application of the prosecutor or of any person on his
behalf (if the person against whom the indictment has been
filed has not already appeared and pleaded to the indict-
ment), shall grant to him a certificate of such indictment
having been filed.

(2) On the production of such certificate to a magis-
trate, it shall be lawful for him, and lie is hereby required,
to issue his warrant to apprehend the accused and to cause
him to be brought before him to be dealt with according
to law; and afterwards, if such person is apprehended and
brought before a magistrate, the magistrate, on its being
proved upon oath before him that the person so appre-
hended is the same person who is charged and named in
the indictiment, shall without further inquiry or examina-
tion commit him for trial or admit him to bail in manner
hereinafter mentioned.

(3) If the personagainst whom an indictment is so
filed by the Attorney General as aforesaid is confined in
prison for any other offence than that charged in the indict-
ment at the time of such application and production of the
said certificate to a magistrate, it shall be lawful for the
magistrate, and he is hereby required, on its being proved
before him upon oath that the accused and the person so
confined in prison are the same person, to issue his warrant
directed to the Commissioner of Prisons commanding him
to detain the accused in his custody until by a writ of
habeas corpus he shall be removed therefrom for the pur-





pose of being tried upon the indictment or until he shall
otherwise be removed therefrorn or discharged out of his
custody by due course of law. [68

74. In every case where a charge or complaint for any
indictable offence is made before a magistrate, if it is
intended to issue a warrant in the first instance against the
accused, an information and complaint thereof in writing
upon the oath of the informant or of some witness in that
behalf shall be laid before the magistrate : Provided
always that in every case where it is intended to issue a
summons instead of a warrant in the first instance, it
shall not be necessary that such information and complaint
shall be in writing or be sworn to in manner aforesaid,
but in every such case such information and complaint may
be by parol merely and without any oath whatever to
support or substantiate the same :Provided also that no
objection shall be taken or allowed to any information or
complaint for any alleged defect therein in substance or in
form or for any variance between it and the evidence
adduced on the part of the prosecution before the magis
trate who takes the examination of the witnesses in that
behalf-as --- hereinafter mentioned. [69

75. The provisions with reference to summonses con
tained in Part II in relation to offences punishable on sum
mary conviction shall apply equally, mutatis mutandis, to
summonses under this Part. [70

76. The provisions with reference to the form of war
rants, the directions to be contained therein and the execution
thereof contained in Part II in relation to offences punishable
on summary conviction shall apply equally, mutatis mutandis,
to warrants under this Part. [71

77. (1) If it is made to appear to a magistrate, by, the
oath of any credible witness, that any person is likely to give
material evidence on the part of the prosecution and will not
voluntarily appear at the time and place appointed for the
examination of the witnesses against the accused, the magis-
trate may enforce the attendance of such person in the manner
provided in Part II for the enforcing the attendance of a
witness under the summary jurisdiction of such magistrate.





(2) If, on the appearance of such person so summoned,
lie refuses to be examined upon oath concerning the matter
of the information or complaint, or refuses to take such oath
or having taken such oath refuses to answer such questions
concerning the premises as may then be put to him, the
magistrate may, by warrant under his hand and seal, commit
such person to prison there to remain and be imprisoned for
two months, unless he shall in the meantime consent to be
examined and to answer concerning the premises. [72

78. (1) If, on the hearing of an information or charge
for an indictable offence, from the absence of witnesses or
from any other reasonable cause, it becomes necessary or
advisable to defer the examination or further examination of
the witnesses for any time, it shall be lawful for the magistrate
before whom the accused appears or is brought up by his
warrant from time to time to remand the accused for such
time as by the magistrate, in his discretion, may be deemed
reasonable, not exceeding unless the person remanded and
the prosecutor consent eight clear days, to prison or some
place of security; or, if the remand is for a time not exceed-
ing three clear days, it shall be lawful for the magistrate
verbally to order the police officer or other person in whose
custody the accused may then be, or any other police officer
or person to be named by the magistrate in that behalf, to
continue and keep the accused in his custody and to bring
him before the same magistrate at the time appointed for
continuing the examination : Provided always that the
magistrate may order the accused to be brought before
himself or another magistrate at any time before the expira-
tion of the time for which the accused is so remanded, and
the gaoler or officer in whose custody he then is shall duly
obey such order : Provided also that, instead of detaining
the accused in custody during the period for which he is
so remanded, a magistrate before whom the accused so
appears or is brought as aforesaid may discharge him, on his
entering into a recognizance, with or without a surety or
sureties, at the discretion of the magistrate, conditioned for
his appearance at the time and place appointed for the con-
tinuance of the examination.

(2) A magistrate, on being satisfied that a person
accused of any offence who has been remanded is by reason





of illness or accident unable at the expiration of the period
for which he was remanded to appear personally before the
magistrate, may, in the absence of the accused person, order
him to be further remanded for such time as may be deemed
reasonable.

(3) If the accused does not afterwards appear at the
time and place mentioned in the recognizance, the magistrate
then present may, on certifying the non-appearance of the
accused on the recognizance, declare the same forfeited, and
proceed to enforce the same in the manner hereinbefore pro-
vided for enforcing recognizances in the cases of offences
punishable on summary conviction; and may forthwith issue
his warrant for the apprehension of the accused. [73

79. The room or building in which a magistrate hears an
information or charge for an indictable offence shall not be
deemed an open court for that purpose; and it shall be lawful
for the magistrate hearing the case, in his discretion, to order
that no person shall have access to or be or remain in such
room or building without the consent or permission of the
magistrate, if it appears to him that the ends of justice will
be best answered by so doing. [74

80. (1) On the hearing of an information or charge for
an indictable offence where the accused is present at the
hearing, the magistrate shall, before committing the accused
to prison for trial or before admitting him to bail to tal(e
his trial, in the presence of the accused proceed to take
evidence for and on behalf of the prosecutor and his
witnesses in the sarne manner as is hereinbefore provided for
the taking of the evidence of the complainant or informant
and his witnesses on a complaint or information for an offence
punishable on summary conviction.

(2) 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, in the presence of the accused, be read over to and
signed respectively by the witnesses who have been so
examined, and shall also be signed by the magistrate taking
the same. [75





81. (1) After the examination of all the witnessesJor
the prosecution has been completed, subject to the rejection
of any submission made that there is no case which the
accused should be called upon to answer, the magistrate
shall read the charge to the accused and explain the nature
thereof to him in ordinary language, and inform him that
he has the right to call witnesses, and, if he so desires, to
give evidence on his own behalf. After so doing the
magistrate shall then address to him the following words or
words to the like effect-

'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 upon
vour trial.'

(2) Before the accused makes any statement in answer
to the charge, the magistrate shall state to him and give him
clearly to understand that he has nothing to hope from any
promise of favour and nothing to fear from any threat which
may have been held out to him to induce him to make any
admission or confession of his guilt, but that whatsoever he
then says may be given in evidence on his trial notwith-
standing the promise or threat.

(3) Whatever the accused says in answer to the charge
shall be taken down in writing and read over to the accused
and signed by the magistrate and, if the accused so desires,
by hirn, and shall be transmitted with the depositions as
hereinafter mentioned.On the trial the statement of the
accused taken down as aforesaid, and whether signed by him
or not, may be given in evidence without further proof
thereof, unless it is proved that the magistrate purporting to
sign the statement did not in fact sign it. [76

82. (1) Immediately after complying with the require-
ments of the preceding section relating to the statement of
the accused, and whether the accused has or has not made
a statement, the magistrate shall ask the accused whether he
desires to give evidence on his own behalf and whether he
desires to call witnesses.

(2) If the accused in answer to the question states that
he wishes to give evidence but not to call witnesses, the





magistrate shall proceed to take forthwith the evidence of the
accused, and after the conclusion of the evidence of the
accused his counsel shall be heard on his behalf if lie so
desires.
(3) If the accused in answer to the cluestion states that
he desires to give evidence on his own behalf and to c-all wit-
nesses, or to call witnesses only, the magistrate shall proceed
to take either forthwith, or, if a speech is to be made by
counsel on behalf of the accused, after the conclusion of that
speech, the evidence of the accused, if he desires to give
evidence himself, and of any witness called by hitn who
knows,anything relating to the facts and circumstances of the
case or anything tending to prove the innocence of the
accused.
(4) All statements by the accused and all evidence given
by him or any such witness as aforesaid shall be taken down
in writing. and- transmitted -together with the.. depositions
the withnesses for the prosecution as is hereinafter mentioned.
(5) Nothing contained in this section shall prevent the
prosecutor in any case from putting in evidence at the trial
any admission or confession or other statement of the accused
made at any time which is by law admissible as evidence
against the accused. [77

83. (1) On the hearing of an indictable offence as
aforesaid, it shall be lawful for the magistrate to bind by
recognizance the prosecutor and his witnesses or any of them
to appear at the criminal session of the court at which the
accused is to be tried then and there to prosecute, or to prose-
cute and give evidence, or to give evidence alone, as the case
may be, against the accused; and the recognizance shall
particularly specify the profession, art or trade of every such
person entering into or acknowledging the same, together
with his Christian or other name and surname.
(2) Such witnesses for the accused as may be called and
examined as aforesaid, not being witnesses as to the character
of the accused merely, who, 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 re-
cognizance to appear and give evidence at the criminal session
of the court at which the accused is to be tried in the same
manner as the prosecutor and his witnesses.





(3) The said recognizance, being duly acknowledged by
the person entering into the same, shall be subscribed by the
magistrate before whom the same is acknowledged, and a
notice thereof, signed by the said magistrate, shall at the
same time be given to the person bound thereby : Provided
always that if any such witness for the prosecution or defence
refuses to enter into or acknowledge such recognizance as
aforesaid, it shall be lawful for the magistrate, by his war
rant, to commit him to prison there to be safely kept until
after the trial of the accused, unless in the meantime such
witness duly enters into such recognizance as aforesaid before
a magistrate .Provided nevertheless that if afterwards, from
want of sufficient evidence in that behalf or other cause, the
magistrate before whom the accused has been brought does
not commit him or hold him to bail for the offence with
which he is charged, it shall be lawful for a magistrate by his
order in that behalf, to order and direct the Commissioner
ot Prisons to discharge such witness from prison, and the
said Commissioner shall thereupon forthwith discharge, him
accordingly :Provided further that all such recognizances
so taken, together with the written information, if any, or
summons, the depositions on either side and the statement of the
accused, if any, shall be kept together until the close of the
case before the magistrate, and if the accused is then committed
for trial shall be transmitted by the magistrate, or he shall cause
the same cause the same to be transimitted, to the Attorney
General. [78

84. (1) If after hearing all the evidence offered on the
part of the prosecution and the evidence, if any, of accused
and his witnesses and after taking into consideration any
statement made by the accused, the magistrate is of opinion
that there is not sufficient evidence to put the accused upon.
his trial for any indictable offence, the magistrate shall forth-
with order the accused, if in custody, to be discharged as to
the complaint or information then under inquiry, but such
discharge shall not be a bar to any subsequent complaint or
information in respect of the same facts.

(2) If in the opinion of the magistrate, after hearing
such evidence as aforesaid and taking into consideration any
statement of the accused, such evidence is sufficient to put the
accused upon his trial for an indictable offence, or if the





evidence given raises a strong or probable presumption of
the guilt of the accused, then the magistrate shall, by his
warrant , commit him to prison to bte there safely kept until
he shall be thence delivered by due course of law or admit
him to bail as hereinbefore mentioned. [79

85. (1) If the magistrate commits the accused to prison
for trial on any day between the ist and 9th days, both in-
clusive, of any month, he shall inform or cause the accused
to be informed, thereof in the words or to the effect following-

'A.B. you stand committed to Prison until the Criminal
Session of the Supreme Court to be holden in or for this
month there to take your trial.'

(2) If the magistrate commits the accused to prison for
trial on any other day of the month he shall inform or cause
the accused to be informed, thereof in the words or to the
effect following-

'A.B., you stand commtted to Prison until the CrUnival
Session of the Supreme Court to be holden in or for
next month there to take your trial.'

(3) Notwithstanding any such committal the court may,
of its own motion or on the application of the Crown or of
the accused, order the accused to be tried on any such date
after his committal as the court may appoint. [80

86. (1) The following documents, together with a cer-
tified copy thereof, shall, as soon as may be after the com-
mittal of the accused person, be transmitted by the magistrate
to the Attorney General, that is to say, the depositions of the
witnesses, the documentary exhibits thereto, the statement
of the accused person, and the record of his evidence, if any,
and the recognizances entered into.

(2) A certified copy of all such documents shall, either
at the same time or as soon as possible thereafter, be trans-
mitted by the magistrate to the Registrar for the use of the
court.

(3) All exhibits other than documentary exhibits shall,
unless the magistrate otherwise directs, be taken charge of by
the police and shall be produced by them at the trial.





(4)-At any time before the first day of the criminal
session of court at which any accused committed for trial
is to be tried the accused or his counsel may require from
the magistrates' clerk copies of the depositions together with
copies of any such statements or evidence as aforesaid, on
payment of fifteen cents for each folio of seventy-two words.
[81

87. (1) When a corporation is charged, whether alone
or jointly with some other person, with an indictable offence,
the magistrate may, if he be of the opinion that the evidence
offered on the part of the prosecution is sufficient to put the
accused corporation upon trial, order the documents specified
in subsection. (i) of section 86 which relate to the case to be
transmitted to the Attorney General and such order shall be
deemed to be a committal for trial.

(2) If the corporation appears before the magistrate by
representative appointed in writing by the corporation to
represent it for the purpose of this section, any question or
statement required by any enactment to be put or made to the
accused may be put or made to such representative, and any
such question may be answered on behalf of the corporation
by such representative, but if the corporation does not
so ap pear it shall not be necessary to put or make the
questions or statements, and the magistrate may, notwith~
standing, make an order under this section.

(3) Nothing in this section shall have the effect of taking
away from a magistrate any power which he may possess of
dealing with a charge summarily. [82

PART IV.

SUMMARY TRIAL OF INDICTABLE OFFENCES.

88. Wherever any person is accused before a special
magistraW of any indictable offence except an offence speci-
fied in the Schedule, the magistrate, instead of committing
the accused for trial before the court, may deal with the case
and convict the accused summarily, and on conviction may
sentence the accused to imprisonment for six months.or to a
fine of one thousand dollars: Provided that nothing in
this section shall affect the provisions of section gi. [84(1 )





89. Whenever any person is a ccused before a permanent
magistrate of any indictable offence except an offence speci-
fied in the first part of the Schedule, the magistrate, instead
of committing the accused for trial before the court, may deal
with the case and convict the accused summarily, and on
conviction may sentence the accused to imprisonment for two
years or to a fine of two thousand dollars : Provided that
nothing in this section shall affect any greater punishment
specifically provided for in any other Ordinance. [84(2)

90. Where an indictable offence.is triable summarily-
(a)the procedure shall, until the magistrate assumes the
power to deal with the offence summarily, be the
same in all respects as if the offence were to be dealt
with throughout as an indictable offence, but when
and so soon as the magistrate assumes the power to
deal with the offence summarily, the procedure shall
be the same from and after that period as if the
offence were an offence punishable on summary con-
viction and not on indictment, and the provisions of
this Ordinance relating to offences punishable on
summary conviction shall apply accordingly;
(b) the evidence of any witness taken before the magis-
trate has assumed the said power need not be taken
again, but every such witness shall, if the defendant
so requires, be recalled for the purpose of cross-
examination;
(c) the conviction for any such offence shall be of the
same effect as a conviction for the offence on indict-
ment before the court, and the magistrate may make
the like order for the restitution of property as might
have been made by the court; and
(d) the order of dismissal shall be filed by the magis
trates' clerk in like manner as the conviction is here
by 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. [95

91. Where any person is accused of stealing from the
person or of any offence within the meaning of either of
sections 42 and 43 of the Offences against the Person Ordin-





ance, it shall be lawful for a special magistrate to hear the
case and convict the accused summarily and to sentence him
to imprisonment for one year or to commit the accused for
trial before the court. [86

PART V.

SPECIAL POWERS.

Miscellaneous.

92. Wherever any male offender is convicted by a
magistrate under, section 26 of the Larceny Ordinance, of
stealing any ornament for other chattel from the person of any
woman or child, the magistrate may, in addition to the
punishment awarded for such offence, direct that the offender
be flogged. [89

93. Whenever any offender whose age appears to the
magistrate not to exceed sixteen years is convicted of any
offence, the magistrate may, in lieu of any other punishment
to which the offender is liable, artd notwithstanding anything
to the contrary in the Peace Preservation Ordinance, or in
the Flogging Ordinance-
(a)order such offender to be discharged after due
admonition ; or
(b)order such offender to be delivered to his parent or
to his guardian or nearest adult relative or, in the
case of the offender being an apprentice or servant,
to his master or mistress or, in the case of the offen-
der being a schoolboy or schoolgirl, to the person
in charge of the school at which the offender is
attending, on such parent, guardian, relative, mas-
ter, mistress or person in charge of a school execut-
ing a bond with or without a surety or sureties that
he or she will be responsible for the good behaviour
and also, if the magistrate thinks it necessary, for
the proper education of the offender for any period
not exceeding twelve months; or
(c) order such offender if to be whipped with not
more than, twelve strokes of a light cane or rattan
within the court premises and int the presence, if
they desire to be present, of the parent, guardian,
relative, master, mistress or person in charge of such





offender : Provided that, if the offender is convicted
of larceny or of any offence which now or at any,
time hereafter is by law deemed or declared to be
simple larceny or punishable. as simple larceny or
of any assault occasioning actual bodily harm or of
any indecent assault, the magistrate may make the
order specified in this paragraph in addition to any
other punishment to which the offender is liable.
[90

94. When a magistrate has authority under any enact
ment to impose imprisonment of any description for an
offence, and has not authority to impose a fine for that
offence, a magistrate may notwithstanding, if he thinks that
the justice of the case will be better met by a fine than by
imprisonment, impose a fine of two thousand dollars:
Provided that the magistrate shall not impose on the offen
der, in default of payment of the fine, any greater term of
imprisonment than t6t to which such offender would have
been liable under the enactment authorizing the said impri
sonment. [91

95. On the conviction of any person of any offence by
which injury or loss to person or property has accrued, the
convicting magistrate may order the offender to pay to the
person aggrieved reasonable compensation, not exceedimy
two hundred and fifty dollars, in addition to any fine or
punishment to which he is sentenced. [92

96. If any person behaves in an insulting manner or
uses any threatening or insulting expression to or concern
ing or in the presence of a magistrate when acting in the
discharge of any magisterial duty, the magistrate may sum
marily sentence the offender to a fine of five hundred dollars
or to imprisonment for two months. [93

97. If it appears to a magistrate-
(a) that any charge or complaint was maliciously
preferred without reasonable or probable cause, the magistrate may, on
the application of the person against whom the charge or complaint
was made, order the complainant to pay to such person reasonable
compensation not exceeding two hundred and




fifty dollars : Provided that the award of any such
compensation shall be a bar to any civil proceeding
for damages by reason of such charge or complaint
having been made;
or
(b)that any witness, (which shall include a defendant
who gives evidence on his own behalf), has wilfully
given talse testimony, the magistrate may order
him to pay a fine of five hundred dollars:
(i) before making any order under paragraph (a) the
magistrate shall first give the complainant an opportunity
of showing cause why the order should not be made, and
shall, if so requested by the complainant, adjourn the pro-
ceedings in order to enable him to instruct counsel on his
behalf.;
(ii) before making any order under paragraph (b) the
magistrate shall first clearly inform the witness of the
specific words which appear to the said magistrate to con
stitute the false testimony and shall give the witness an
opportunity of showing cause why the order should not
be made,and shall, if so requested by the said witness,
adjourn the proceedings in order to enable him to instruct
counsel on his behnlf,
(iii) if the compensation or fine is not forthwith paid,
the magistrate may commit the person against whom the
order is made to prison in accordance with the provisions
of section 67. [94

98.Whenever a magistrate awards a pecuniary penalty
or amends for any offence under the Summary Offences
Ordinance, and the same is not forthwith paid, the magis-
trate may commit the offender to prison, with or without
hard labour, in accordance with the scale in section 67. 195

99. Whenever any person is found by any police officer
or officer of the Sanitary Depatment hawking without a
licence, or committing an offence against any Ordinance
relating to markets, or causing any obstruction by hawking
in a public thoroughfare, such officer is hereby empowered
to convey or cause to be conveyed before a magistrate all the
articles being desplayed hawked and sold, and also the utensils, vessels
or other paraphernalia in the apparent use




of such offender, and the magistrate may, on conviction of
the order, order the forfeiture of all such goods, utensils,
vessels and other paraphernalia in addition to or in sub-
stitution for any other fine or punishment which he may
by law impose. [96

Bail.

100. (1) No magistrate or justice of the peace shall
admit any person to bail for treason or murder, nor shall
such person be admitted to bail except by order of a judge.

(2) Subject to the provisions of subsection (i) where
a person is charged with an indictable offence a magistrate
may in his discretion admit tile accused to bail, on his
procuring or producing such surety or sureties as, in the
opinion of the 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 recognizance 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 will not depart the court
without leave.

(3) It shall be lawful for a magistrate, on issuing a
warrant for the apprehension of any person charged with
a bailable offence, to certify on the warrant his consent to
the accused being bailed, and thereupon it shall be lawful
for an inspector of police to admit the accused to bail,
taking his recognizance and that of his surety or sureties,
if any, conditioned for the appearance of the accused al
the time and place of hearing and that he will. then sur-
render and take his trial and will not depart the court
without leave.

(4) In every case where a person charged with any
bailable indictable offence is committed to prison to take
his trial for the same before the court, it shall be lawful,
at any time afterwards and before the first day of the
criminal session at which he is to be tried or before the
day to which such session is adjourned, for the magistrate
who has signed the warrant for his commitment, in his
discretion, to admit the accused to bail in manner afore-
said; or if the committing magistrate is of opinion that





the accused ought to be admitted to bail, such magistrate
shall in every other case of a misdemeanor committed for
trial before the 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 magis-
trate or for the magistrates' clerk, or for a justice of the
peace attending at or visiting the prison where the accused
is in custody, on production of such certificate, to admit
the accused to bail in manner aforesaid.

(5) In every case where the accused in custody is
admitted to bail by a magistrate other than the committing
magistrate or by a justice of the peace as aforesaid, such
magistrate or justice of the peace shall forthwith transmit
the recognizance of bail to the committing magistrate to
be transmitted with the depositions. [97

101. (1) In every case where a magistrate admits to
bail any person who is then in prison charged with the
offence for which he. is so admitted to bail, the magistrate
shall send to or cause to be lodged with the Commissioner
of Prisons a warrant of deliverance, under his hand and
seal, requiring the said Commissioner to discharge the
person so admitted to bail, if he is detained for no other
offence, and, on such warrant of deliverance being delivered
to or lodged with the said Commissioner, he shall forthwith
obey the same.

(2) Where, however, the bail of the person in prison
is taken by the magistrates' clerk or a justice of the peace
in pursuance of subsection (4) of section too a written certi-
ficate, signed by such magistrates' clerk or justice, that the
bail has been duly given shall be a good authority to the
said Commissioner to discharge the person so bailed from
custody forthwith, unless he is also in custody for some
other cause. [98

Rehearing.

102. (1) Within seven clear days after the determina-
tion in any manner by a magistrate of any matter which
he has power to determine in a summary way it shall be
lawful for either party thereto to apply to the magistrate
to review his decision in the matter.





(2) Any, such application may be made by the party,
himself in person, or may be made by his counsel in open
court whether the party himself be present or not.

(3) If either party to the said matter is in the custody
of the Commissioner of Prisons, the magistrate shall, unless
he dismisses the. application forthwith, inform the Commis-
sioner of Prisons in writing that an application for a review
has been made, and thereafter the Commissioner of Prisons
shall produce the said party whenever so required in writing
by a magistrate for the purposes of the review or of the
application therefor.

(4) It shall be lawful for the magistrate to grant the
application for a review at afly time provided that the
application for the review shall have been duly made in
accordance with the provisions of subsections (1) and (2).

(5) It shall also be lawful for a magistrate on his own
initiative, within seven clear days after the determination
in any manner of any matter which he has power to deter-
mine in a summary way, to re-open the case, and thereafter,
whether within the said period of seven clear days or after
its expiration, to review his decision in the matter.

(6) If the magistrate on his own initiative reviews his
decision or grants an application for a review, it shall be
lawful for him upon the review to re-open and re-hear the
case wholly or in part, and to take fresh evidence, and to
reverse, vary or confirm his previous decision.

(7) If the magistrate upon the review decides that the
case is one which should be re-opened and wholly re-heard
and if he is of the, opinion that in the interests of justice
the case should be re-heard by another magistrate, it shall
be lawful for some other magistrate to re-hear and determine
the case accordingly.

(8) For the purpose of the review a inagistrate shall
have all the powers, as to securing the attendance of the
parties anj witnesses and otherwise, that he would have
if the mAtter were brought before him as an original corn-
plaint or information.

(9) No application for a review shall be granted and
no exercise by a magistrate shall be made of the power
conferred on him by subsection (s) subsequent to the com-





mencement of proceedings by either party with a view to
questioning the decision of the magistrate by way of appeal,
mandamus or certiorari, unless such proceedings shall have
been abandoned.

(io) For the purpose of determining the time within
which an appeal whether by way of case stated under
section 103 or under section 111 may be lodged, the deter
mination of a case by way of review under this section
or the refusal to grant a reviemy shall, in the event of such
determination or refusal and notwithstanding anything
contained in the sections aforesaid, or in section 112 be the
date as from which the respective periods for lodging an
appeal shall run but Athing in this Ordinance shall
authorize an appeal, whether by way of case stated or
otherwise, from the refusal of a magistrate to grant a
review. [99

PART VI.

APPEALS.

Appeal by way of case stated.

103. Within seven clear days after the hearing and
determination by a magistrate of ancomplaint, informa
tion, charge or other proceeding which he has power to
determine in a summary way, either party thereto or any
person aggrieved thereby who desires to question by way
of appeal any conviction, order, determination or other pro-
ceeding as aforesaid on the ground that it is erroneous in
point of law, or that it is in excess of jurisdiction, may
apply in writing to the magistrate to state and sign a case
setting forth the facts and the grounds on which the con-
viction, order or determination was granted and the grounds
on which the proceeding is questioned, for the opinion of
a judge of the court. In the case of any determination
which a magistrate has power to determine in a summary
way and which relates to or is connected with an offence the
Attorney General shall notwithstanding that he may not be
deemed to be a party, have a similar right to apply for
a case to be stated as that hereinbefore afforded to the
parties and upon the exercise of such right by the Attorney
General the complainant or informant shall cease to be a
party to any further proceedings. [100





104. The appellant shall, within fourteen days after the
delivery of the case to him as hereinafter mentioned,
transmit the case to the Registrar, first giving notice in
writing of such appeal and sending with it a copy of the
case to the other party to the proceeding before the magis-
trate, hereinafter referred to as the respondent, and, in any
case in which the Attorney General is neither the appellant
nor deemed to be a party but is entitled to apply for a
case to be stated, also to the Attorney General. [101

105. After the delivery of a case to the appellant as
aforesaid but before the commencement of the hearing by
a judge, it shall be lawful for the magistrate on applica
tion by either party and on notice of such application to
the other party previously given, to amend the case stated
and signed by him in any way he may think fit : Provided
that if the case is so amended the provisions of sections
104 and io6 shall be complied with in respect of the
amended case as if it were the case as originally delivered
to the appellant and as if the delivery to the appellant of
the amended case were the delivery to him of the original
case. [102

106. When the case has been transmitted to the Regis-
trar as aforesaid, it shall be set down for argument on the
request of either party four clear days at least before the
day appointed for argument, and shall be heard, save as
hereinafter provided, by a judge of the court : Provided
always that the party setting down the case for argument
shall give to the Attorney General and the respondent four
clear days' notice of the day appointed therefor. [103

107. The judge Shall have power, if he thinks fit, to
cause the case stated for his opinion to be sent back to
the magistrate for amendment, and thereupon the same
shall be amended accordingly, and judgment shall be
delivered after the same has been amended. [104

108. (1) The appellant shall, within three weeks from
the making of an applicatibn under section 103, enter into
a recognizance with or without sureties as any magistrate
may have directed, and in such reasonable sum as, having
regard to the purpose of the recognizance and to his means,





the magistrate may have thought necessary to fix, condi-
tioned to prosecute his appeal with diligence to abide by
and duly perform the order of the judge or Full Court
and to pay such costs as may be awarded by the judge
or Full Court or, with the magistrate's consent, he may,
as respects the whole or any part of the sum so fixed, give
such other security, by deposit of money with the magis-
trates' clerk, or otherwise, as the magistrate may deem
sufficient.

(2) The appellant, if in custody, may, by order of a
magistrate, be brought up for the purpose of entering into
the recognizance.

(3) The appellant shall not be entitled to have the case
delivered to him unless he completes the recognizance.
within the prescribed time, and if he makes default in so
doing the appeal shall be deemed to be abandoned.

(4) The appellant shall at the sarne time, and before
lie shall be entitled to have the case delivered to him, pay
to the magistrates' clerk or other proper officer, in respect
of the said case and recognizance, the fees following-

1......................For the recognizance $5.00
2............For drawing the case and copy thereof for
appellant, if not exceeding 5 folios of
72 words each ................5.00
3...........Or if the case exceeds 5 folios, for every
additional folio .............1.00

(5) This section shall not apply where the application
is made by or under the direction of the Attorney
General. [105

109. If the magistrate is of opinion that the application
to state or amend a case is merely frivolous, but not other-
wise, he may refuse to state or amend a case and shall,
011 the request of the party or person applying therefor,
sign and deliver to him a certificate of such refusal, on
payment of the sum of two dollars : Provided always that
the magistrate shall not refuse to state a case where the
application therefor is made to him by or under the direc-
tion of the Attorney General. [106





110. (1) Subject as aforesaid, if the magistrate refuses
to statb, a case, or neglects to state a case within three
weeks from the tinie when the application therefor was
made, or refuses to amend a case, when stated and
delivered, on the application of either party within the time
limited for such am'e dment, it shall be lawful for the party

aggrieved by such refusal or neglect to apply to a judge
of the court, by notice of motion served on the magistrate
and on the respondent, supported by an affidavit of the
facts, for a rule calling upon the to show cause
why such case should not be stated or amended; and the
judge may make. the same absolute or discharge the same
with or without payment of costs by the magistrate or either
party, as may seem just.

(2) The magistrate, on being served with such rule
absolute, shall state a case, or amend the case stated
accordingly. [107

Alternative procedure.

111. (1) Any person aggrieved by any conviction, order
or determination of a magistrate in respect of or in con-
nexion with any offence, who did not plead guilty or admit
the truth of the information or complaint, may appeal from
the conviction, order or determination, in manner hereinafter
provided to a judge of the court.

(2) Any person who after pleading guilty or admitting
the truth of the information or complaint is convicted of any
offence by a magisItrate may appeal to a judge of the court
against his se ntence unless the sentence is one fixed by
law.
(3) After the hearing and determination of any
complaint or other proceeding which a magistrate has power
to determine in a surnrnary way other than a determination
or proceeding relating to or in connexion with an offence
either, party thereto may appeal from such order or
determination of such magistrate to a judge of the.
court. [108
112. Where a person is authorized by section 111 to
appeal to a judge, the following provisions shall apply





(a) the appellant shall, within ten days after the day
of his conviction or the order or determination by
the magistrate, give to the magistrates' clerk notice
in writing of his appeal, stating the general grounds
of his appeal, and signed by him or his agent on
his behalf, and thereupon the magistrates' clerk
shall give a copy of such notice to the respondent
and, if he is not the respondent, also to the Attorney
General;
(b) when a notice of appeal has been given to the
magistrates' clerk the magistrate whose conviction,
order or determination is the subject of the notice
of appeal shall prepare a signed statement of his
findings on the facts and other grounds of the
decision and within twenty days after the said
conviction, order or determination cause a copy to
be served upon the appellant and respondent and,
if he is not the respondent, also upon the Attorney
General;
(c)the appellant shall, after giving notice of appeal of
e magistrates' clerk and within thirty days after
th ay of his conviction or the order or determina-
tion, ter into a recognizance with or without
sureties as any magistrate may have directed, and
in such reasonable sum as, having regard to the
purpose of the recognizance and to his means, the
magistrate may have thought necessary to fix,
conditioned to prosecute his appeal with diligence,
to abide by and duly perform the order of the judge
or Full Court and to pay such costs as may be
awarded by the judge or Full Court, or, with the
magistrate's consent, he may, as respects the whole
or any part of the sum so fixed, give such other
security, by deposit of money with the magistsrates'
clerk, or otherwise, as the magistrate may deem sufficient.

113. (1) Despite the provisions of this Part it shall be
unnecessary to serve any notice or document on the Attorney
General if the appeal relates to any order or determination





other than tin order or determination relating to or in con-
nexion with an offence.
(2) Any notice or document required to be served on
the Attorney General shall be served upon the clerk in the
Attorney General's chambers from time to time discharging
the duties of prosecution clerk or by addressing the same
to the Attorney General by registered post.
(3), Any notice or document required to be given to or
served upon any other party shall be deemed to have been
duly served on such person if given to or served upon
his solicitor or if despatched by registered post addressed,
in the case of a person in prison custody, to the Com-
missioner of Prisons and, in the case of any other person,
addressed to him at his last or usual place of abode or
business. A notice or document despatched by registered
post shall be deemed to be given or received at the time
when it would have been delivered in the ordinary course
of post.

(4) Where it is made to appear to a judge of the
court that for any reason any notice which is required cannot
be given or thaX service of any document required to be
served cannot conveniently be effected in the manner herein-
before provided he may order that such notice be given or
such document served-
(a)by delivery thereof to some agent within the
Colony of the person to be served, or to some
other person within the Colony through whom it
appears in his opinion that there is a reasonable
probability that the notice or document, will come
to the knowledge of the person to whom notice is
to be given or upon whom the document is to be
served; or
(b)by advertisement thereof in one or more news-
papers published in the Colony; or
(c) by notice thereof put up at the court house or at
some other place of public resort. [110

114. (1) So soon as an appellant has complied with the
provisions of paragraph (c) of section 112, with respect to
entering into, a recognizance or giving other security, the
magistrates' clerk shall transmit to the Registrar the notice
of appeal, the depositions and such copies thereof as the




Registrar may require, and the recognizance, if any, and a
statement as to any other security given by the appellant,
and the statement by the magistrate of his findings on the
facts and other grounds of his decision, and thereupon the
Registrar shall enter the appeal, and shall in due course
give notice, together with a copy of the depositions, to the
appellant, to the respondent and to the Attorney General
as to the date, time and place fixed for the hearing ot the
appeal.
(2) Where an appellant has for the purposes of
paragraph (a) of section 117 entered into a separate
recognizance or given other security for his appearance, the
clerk to the magistrate against whose decision the appeal
is brought shall, before the date fixed for the hearing of the
appeal, transmit to the Registrar the recognizance, if any,
and a statement as to any other such security given by the
appellant.
(3) Where any recognizance for the purposes of such
an appeal as aforesaid is entered into otherwise than before
the magistrate against whose decision the appeal is brought,
or his clerk, the officer concerned in the taking ot the
recognizance shall forthwith transmit it to the clerk to such
magistrate.

115. (1) In the case of an appeal under section 103
or 111 the appellant may at any time, not less than two
clear days before the date fixed for the hearing, abandon
the appeal by giving notice in writing to the clerk of the
magistrate against whose decision the appeal is brought,
and, if he gives such notice, the clerk shall forthwith give
notice of the abandonment to the respondent and to the
Registrar.
(2) Where an appeal has been abandoned-
(a)any magistrate may issue process for enforcing the
decision against which the appeal was brought,
subject to anything already suffered or done there-
under by the appellant; and
(b)any magistrate may, on the application of the
respondent, order the appellant to pay to him such
costs as the Registrar shall determine to be just and
reasonable in respect of expenses properly incurred
by him in connexion with the appeal before notice
of the abandonment was given to him; and





(c)any recognizance entered into in connexion with the
appeal shall be dealt with by a magistrate instead of
by the judge, and accordingly the Registrar
shall re-transmit any such recognizance to the
magistrates' clerk, and the provisions of subsections
(1) and (3) of section 64 (except the words from
'and paying or giving security' to the end of the
said subsection (I) shall apply in relation to any
such recognizance as they apply to such recogniz-
ances as are mentioned therein, but any condition
for the appearance of the appellant at the hearing
of the appeal shall be deemed to be performed if
he duly surrenders himself.

(3) The payment of any costs ordered to be paid under
subsection (2) may be enforced as a civil debt recoverable
on a magistrate's summons by the party to whom they are
ordered to be paid, and shall not be enforced in any other
manner. [112

116. (1) In the case of any appeal to whi ch section
103 or 111 applies-
(a) the depositions taken before the magistrate or a
certified copy thereof shall, without prejudice to
any other method of roof, be admissible as
evidence of the evidence which was given and of
the statements which were made before the
magistrate, and generally that the proceedings
therein recorded took place;
(b)when the appeal comes on for hearing the appellant
shall be first heard in support of the appeal, the
respondent if present and if he so desires shall be
heard against it and the appellant thereafter shall
be entitled to reply. If the thinks additional
evidence to be necessary he may receive such
evidence. and for that purpose shall have the like
powers under paragraphs (a), (b) and (c) of sub-
section (8) of section 82 Of the Criminal Procedure
Ordinance that the Full Court would have had
if the appeal had been an appeal to which that
section applied, and the judge may issue any,
process necessary for enforcing the exercise of Such
powers;





(c) except in the case of whipping which shall be
stayed pending appeal, the appeal shall not operate
as a stay of execution, but the magistrate or a
judge may on motion stay execution or sentence
pending the appeal on such terms as to security for
the payment of any money or the suffering of any
punishment ordered by or in such conviction or
sentence as to the magistrate or judge shall seem
necessary: Provided that if the appellant is in
prison, no such security shalLbe required, and on
such stay as aforesaid the appellant shall be
treated, pending the determination of his appeal,
in such manner as may be directed by the Prison
Rules for the case of persons awaiting trial ;
(d)the judge may reserve the appeal, or any point in
tMe appeal for the consideration of the Full Court,
or may direct the appeal, or point in the appeal,
to be argued before the Full Court; and the Full
Court shall have power to hear and determine any
such appeal or point so reserved or so directed to
be argued and may in connexion therewith exercise
all or any of the powers conferred on a judge of the
court by this Part or may remit the matter to the
judge with the opinion or decision of the Full Court
and may also make any such other order in relation
to the matter and such orders as to costs as to the
Full Court shall seem fit;
(e) the powers and duties of a judge shall be exercised
and performed by the Chief Justice or by such one
of the judges of the court as the Chief justice shall
from time to time appoint;
(f) if any step in or in connexion with any appeal or
intended appeal is rendered impossible by the
death, absence or incapacity of a magistrate, a
judge of the court upon motion shall have power-
for good cause to order
de novo by magistrate and the case shall be so
heard accordingly.

(2) Either party to any appeal under section 103 or
111 may be heard in person or by any barrister and in
any appeal under subsections (1) and (2) of section III,





not being appeals reserved for hearing or directed to be
argued before the Full Court, either party may be heard
by any counsel. [113

117. In the case of any appeal to which section 103
or iii applies-
(a)where an appellant is in custody, any magistrate
may, if he thinks fit, release him from custody on
his complying with the provisions of sections ioS
and 112 relating to entering into recognizances, if
he has not already done so, and on his either
entering into a recognizance, with or without
sureties and in such reasonable sum as he thinks
necessary to fix, conditioned to appear at the
hearing of the appeal, or giving with the magis-
trate's consent other security for his appearance;
(b)recognizances for the purpose of section 108 or
112 and this section may, if it be convenient, be
combined in one recognizance;
(c)the judge may from time to time adjourn the hear-
ing of any appeal;
(d)the judge may by his order confirm, reverse or
vary the magistrate's decision or may direct that
the case shall be heard de novo by a magistrate
or mav rernit the matter with his opinion thereon
to a magistrate, or may make such other order in
the matter as he thinks just, and by such order
exercise any power which the magistrate might
have exercised; and any decision or order made by
the judge Shall have the like effect and may be
enforced in the like manner as if it had been made
by the magistrate;
(e)the powers of the judge under paragraph (d) shall
be construed as including power to award any
punishment, whether more or less severe than that
awarded by the magistrate, which the magistrate
might have awarded;
the Registrar shall send to the magistrates' clerk,
for entry in his record, a memorandum of the
judge's decision, and shall indorse a like memoran-
dum on the conviction, and whenever any copy
or certificate of the conviction is made, a copy of
of the memorandum shall be added thereto and





shall be sufficient evidence of the judge's decision
in every case where the copy or certificate would
be sufficient evidence of the conviction [114

118. (1) On any appeal to which section 103 Or 111
applies, the judge may make such orders as to costs, as
he may think fit, and may-
(a)where he allows the appeal, direct that there shall
be included in any costs to be paid by the
respondent to the appellant the costs properly
incurred by the appellant in the proceedings before
the magistrate, or such fixed sum as the judge may
consider reasonable in respect of the costs so
incurred by him;
(b)in any case, in which the appeal is from an order
or determination in respect of or in connexion with
an offence, in lieu of directing a taxation of costs,
fix the sum to be paid by way of costs by either
party to the appeal;
and in fixing, for the purposes of this subsection, the
amount of any costs to be paid to a party to an appeal
shall have regard to his means.

(2) The payment of costs ordered by the judge to be
paid on any such appeal as aforesaid may be enforced as a
civil debt recoverable on a magistrate's summons by the
party to whom they are ordered to be paid, and without
prejudice to the provisions of section iig shall not be
enforced in any other manner. [115

119. (1) The following provision's of this section shall
have effect in any case where a recognizance entered into
in connexion with any appeal to which this Ordinance
applies has become forfeited.

(2)(a) The Registrar shall, during or after the hear-
ing of the appeal, make out a list or lists of persons
bound by such recognizance and, if he is able to
do so, state the cause why each such person has
therein made default.
(b)The list or lists so made shall be examined, and,
if necessary corrected and signed by the judge, and
shall be delivered by the Registrar to the bailiff of
the court or his deputy, and thereupon payment





of the sum due by the recognizance shall, save as
hereinafter in this section provided, be enforced
in the manner provided for the enforcing of
recognizances by sections 111 to 114 of the Criminal
Procedure Ordinance.

(3) The judge may, in lieu of signing a list in
accordance with subsection (2), make an order wholly dis-
charging the recognizance.

(4) The judge, unless lie makes an order wholly
discharging the recognizance-
(a)shall, at the time when he signs as aforesaid, make
an order fixing the term of imprisonment which
the person bound by the recognizance is to undergo
if any sum due in respect thereof is not duly paid
and cannot be recovered by distress; and
(b)may at the same time make an order directing that
the sum due in respect of the recognizance be paid
on some future date specified in the order, or that
the said sum be paid by instalments of such
amount, on such dates respectively, as he may
specify in such order.

(5) Any order under paragraph (b) of subsection (4)
postponing the payment of any sum due in respect of a
recognizance, shall operate as.a direction to the Registrar
to proceed with the enforcement of payment of the sum
due in respect of the recognizance. only if and when default
is made in complying with the order.

(6) The Registrar shall enter upon the record any
order made by the judge under this section.

(7) The powers conferred by this section shall be in
addition to, and not in derogation of, any other-powers
conferred by this or any other Ordinance, and this section
shall not, save as otherwise expressly provided therein, be
taken to affect the law relating to the procedure for enforcing
recognizances. [116

120. (1) Any judge shall have power to admit to bail
any appellant who is in the custody of the Commissioner of
Prisons, or such judge may order him to be brought up to





the court in custody for the purpose of attending the appeal
or any application or proceeding therein.

(2) The time during which an appellant, pending the
determination of his appeal, is admitted to bail, and, subject
to any directions which the judge may give to the contrary,
the time during which the appellant, if in custody, is treated
as if he were a person awaiting tria shall not count as part
of any term of imprisonment under his sentence, and any
imprisonment under the sentence of the appellant, whether
it is the sentence passed by the magistrate or the sentence
passed by the judge, shall, subject to any directions which
may be given by the judge, be deemed to be resumed or to
begin to run, as the case requires, if the appellant is in
custody, as from and including the day on which the appeal
is determined, or, if he is not in custody, as from arA
including the day on which he is received into prison under
the sentence.

(3) Paragraph (a) of section 117 and subsections (1)
and (2) of this section shall apply to the case of a review
under the provisions of section 102, in like manner as if
the convicted person were an appellant, save that references
to a judge shall be construed as references to the magistrate
and references to an appeal shall be construed as references
to a review. [117

121. In the case of any appeal to which section 103 or
III applies from a determination relating to or connected
with an offence it shall be lawful for the Attorney General,
if he is not already a party to cause himself to be substituted
as a party in lieu of the complainant or informant at any
time before the date fixed for the hearing of the appeal by
notice in writing to such complainant or informant and to
the Registrar and thereupon such complainant or informant
shall cease to be a party to any further proceedings and the
Attorney General shall be deemed to be a party. - [118

122. Notwithstanding the provisions of sections 14 and
121 a complainant or informant shall remain liable to pay
and be entitled to recover, as the case may be, the costs in-
curred prior to the date when he ceases to be a party to the
proceedings by reason of the intervention of the Attorney
General, and in making any order as to costs a magistrate





and the court shall have regard to such intervention and may
in his or their discretion and in such manner as he or they
may think fit apportion the right to recover costs or the
liability to pay costs, as the case may be, between such com-
plainant or informant and the Attorney General : Provided
that no order shall be made which would result in a defendant
being. called upon to pay by way of costs a greater sum than
would have been payable had intervention not taken place.
[118A

PART VII.

PROTECTION OF MAGISTRATES.

123. In every action brought against any magistrate for
any act done by him in the execution of his duty as such
magistrate, with respect to any matter within his jurisdiction
as such magistrate, it shall be expressly alleged that such act
was done maliciously and without reasonable and probable
cause; and if at the trial of any such action the plaintiff
fails to prove such allegation, he shall be nonsuit or the
judgment or verdict, as the case may be, shall be for the
defendant. [119

124. For any act done by a magistrate in a matter over
which by law he has no jurisdiction or in which he has
exceeded his jurisdiction, any person injured thereby, or by
any act done under any conviction or order made or warrant
issued by the magistrate in any such matter, may maintain
an action against the magistrate in the same form and in the
same case as he might have done before the commencement
of this Ordinance, without making any allegation in his
pleadings that the act complained of was done maliciously
and without reasonable and probable cause: Provided,
nevertheless, that no such action shall be brought for
anything done under such conviction or order until after
such conviction or order has been quashed, either on
appeal to the Full Court or on application to the court,
nor shall any such action be brought for anything done
under any such warrant which has been issued by the
magistrate to procure the appearance of such party, and
which has been followed by a conviction or order in the same
matter, until after such conviction or order has been so
quashed as aforesaid; or if such last-mentioned warrant has





not been followed by any such conviction or order, or if it is
a warrant on an information for an alleged indictable offence,
nevertheless, if a summons was issued previously to the war-
rant, and such summons was served on such person, either
personally or by leaving the same for him with some person
at his last or most usual place of abode; and he did not
appear according to the exigency of the summons, in such
case no such action shall be maintained against the magis-
trate for anything done under warrant. [120

125. Where a conviction or order is made by one magis
trate and a warrant of distress or of commitment is granted
thereon by another magistrate bona fide and without col-
lusion, no action shall be brought against the magistrate who
so granted the warrant by reason of any defect in the con
viction or order, or for any want of jurisdiction in the magis-
trate who made the same, but the action, if any, shall be
brought against the magistrate who made the conviction or
order. [121

126. (1) In any case where a magistrate refuses to do
any a relating to the duties of his office as such magislrate,
it shall be lawful for the party requiring such act to be done
to apply to the Full Court, on an affidavit of the facts, for a
rule calling upon such magistrate, and also the party to be
affected by such act, how cause why such act should not
be done; an if, after due service of such rule, good cause is
not shown against it, the Full Court may make the same
absolute, with or without costs, as may seem meet.

(2) The magistrate on being served with such rule
absolute, shall obey the same, and shall he act required;
and no action or proceeding whatsoever shall commenced
or prosecuted against the magistrate for having obeyed such

127. In any case where a warrant of distress or warrant

of commitment is granted by a magistrate on any conviction
or order which, either before or after the granting of such
warrant, has been or is confirmed on appeal, no action shall
be brought against the magistrate who so granted the war-
rant for anything which may have been dond under the same
by reason of any defect in the conviction or order. [123





128. In any case where by this Ordinance it is enacted
that no action shall be brought in particular circumstances,
if any such action is brought, it shall be lawful for a judge,
on summons taken out by the defendant and on an affidavit
of facts, to set aside the proceedings in the action, with or
without costs, as to him may seem meet. [124

129. Where any action is brought against any magis-
trate for any act done by him in a matter over which by
law he has no jurisdiction or in which he has exceeded his
jurisdiction, or in respect of any alleged neglect or default
in the exercise of his jurisdiction, the following provisions
shall apply-
(a)the action shall not lie or be instituted, unless it is
commenced within six months next after the act,
neglect or default complained of, or, in case of a
continuance of injury or damage, within six months
next after the ceasing thereof;
(b)whenever in any action a judgment is obtained by
the defendant it shall carry, costs to be taxed as
between solicitor and client;
(c)in any action tender of amends before the action
was commenced may, in lieu of or in addition to
any other plea, be pleaded. If the action was
commenced after the tender, or is proceeded with
after payment into court of any money in satis-
faction of the plaintiff's claim, and the plaintiff does
not recover more than the sum tendered or paid,
he shall not recover any costs incurred after the
tender or payment, and the defendant shall be
entitled to costs, to be taxed as between solicitor and
client, as from the time of the tender or payment;
(d)if, in the opinion of the court, the plaintiff has not
given the defendant a sufficient opportunity of
tendering arriends, before the commencement of the
action, the court may award to the defendant costs
to be taxed as between solicitor and client. [125

130. In any case where the plaintiff in any such action
is entitled to recover, and he proves the levying or payment
of any fine or sum of money under any conviction or order
as part of the damages which he seeks to recover, or if he
proves that he was imprisoned under such conviction or





order, and seeks to recover damages for such imprisonment,
he shall not be entitled to recover the amount of such fine
or sum so levied or paid, or any sum beyond the sum of
five cents as damages for such imprisonment, or any costs
of suit whatsoever, if it is proved that he was actually
guilty of the offence of which he was so convicted, or that
he was liable by law to pay the sum which he was so
ordered to pay, and (with respect to such imprisonment)
thathe had undergone no greater punishment than that
assigned by law for the offence of which he was so convicted
or for non-payment of the sum which he was so ordered
to pay. [126

PART VIII.

MISCELLANEOUS.

131 It shall be lawful for the Governor in Council to
make rules for carrying into effect this Ordinance, and with
regard to any matter ancillary thereto.
[127

132. (1) It shall be lawful for the Governor in Council
to rnake regulations as to the fees to be taken, if any, at
the magistrates' court in respect of any proceedings or of
the issuing, service or execution of any process or otherwise,
and as to the costs, if any, to be allowed for the attendance
of witnesses or for legal assistance or otherwise, and to
fix a scale of such fees and costs, and by regulation to
exempt in any particular class of cases from the payment
of such fees and costs or either of them.

(2) A table of the fees and costs in force shall be hung
up in some conspicuous part of the magistrates' court.

(3) It shall be lawful for any magistrate to refuse to
do any act for which any fee is payable unless such fee has
been paid; and if any such act is done and the fee due
thereon is not paid, it shall be lawful for any magistrate to
summon the person from whom such fee may be due and
to recover the same by warrant and distress in, manner
hereinbefore, provided for the recovery of fines. [128





SCHEDULE. [ss. 88 & 89]

PART I.
1. Any offence which is punishable with death.
2. Any offence (except burglary) which is punishable with im~
prisonment with hard labour for life.
3. Any felony mentioned in the Suppression of Piracy
Ordinance.
4. Misprision of treason.

5. Any offence against the King's title, prerogative, person or
government.
6. Blasphemy and offences against religion.
7. Composing, printing or publishing blasphemous, seditious or
defamatory libels, except as provided by section 16 of the Defamation
and Libel Ordinance.

PART II.
1. Perjury and subornation of perjury.
2. Making or suborning any other person to make a false oath
punishable as perjury or as a misdemeanor.
3. Any offence against the provisions of the laws relating to
bankrupts, other than the offence of obtaining credit under false
pretences or by means of any other fraud under paragraph , (a)
of section 51 of the Larceny Ordinance.
4. Bigamy.
5. Bribery.
6. Arson.
7. Stealing, or fraudulently taking, or injuring or destroying
records or documents belonging to any court of record or relating to
any proceeding therein.
8. Stealing, or fraudulently destroying or concealing wills or
testamentary papers or any document or written instrument being or
containing evidence of the title of any lands, or any interest in lands,
tenements or hereditaments.
9. Any offence committed by trustees created by deed or will,
bankers, or factors, and mentioned in any of sections 32 to 37
of the Larceny Ordinance.
41 of 1932. 23 of 1933. 19 of 1935. 32 of 1935. 8 of 1936. 20 of 1937. 5 of 1938. 5 of 1946. 36 of 1947. 24 of 1949. 48 of 1949. 9 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1949, s. 2. 42 & 43 Vict. C. 49, s. 48. 42 & 43 Vict. C. 49, s. 49. [s. 2 cont.] Saving of special procedure. Use of forms. Governor may by warrant appoint permanent and special magistrates. 24 of 1949, s. 3. 48 of 1949, s. 3. 24 of 1949. 24 of 1949. Marine magistrates. 24 of 1949, s. 4. Powers of justices of the peace, etc. 24 of 1949, s. 4. [s. 7 cont.] 24 of 1949, s. 4. 48 of 1949, s. 4. Issue of summons to defendant and mode of service thereof. 11 & 12 Vict. C. 43, s. 1. Rules. Form 1. Issue of warrant in case of disobedience to summons or in first instance. Rules. Form 2. Rules. Form 3. Manner of making complaint or laying information. 11 & 12 Vict. C 43, s. 10. [s. 10 cont.] 24 of 1949, s. 6. Place and manner of hearing. 11 & 12 Vict, c. 43, s. 12. 24 of 1949, s. 7. Prosecution of offences to be under control of Attorney General. 24 of 1949, s. 8. Appointment of public prosecutors by Attorney General. 24 of 1949, s. 8. Private prosecution and intervention by the Attorney General. 24 of 1949, s. 8. [s. 14 cont.] Power for public prosecutor to withdraw case. 21 of 1949, s . 8. Rights of parties to conduct case personally or by counsel. Authority of crown counsel to prosecute etc. 24 of 1949, s. 8. Non-appearance and appearance of parties, and procedure thereon. 11 & 12 Vict. C. 43, s. 13. Rules. Form 12. Rules Form 5. Rules Form 7. [s. 18 cont.] 24 of 1949, s. 9. 24 of 1949, s. 9. Proceedings at hearing. 11 & 12 Vict. C. 43, s. 14. 48 of 1949, s. 5. Rules. Form 25. Rules Form 39. Adjournment of hearing and procedure thereon. 11 & 12 Vict. C. 43, s. 16. [s. 20 cont.] Rules. Forms 4, 5. Rules. Form 7. Provisions as to witnesses. 11 & 12 Vict, c. 43, s. 7. Rules. Form 8. Rules. Form 9. Rules. Form 10. Provisions as to witness refusing to be sworn or answer. Rules. Form 11. Power to order production of documents. 4 & 5 Geo. 5, c. 58, s. 29. Rules. Forms 8,11. Variance between information and evidence. 11 & 12 Vict, c. 43, s. 9. Rules. Form 5. Rules Form 7. Description of property of partners in complaint or information. 11 & 12 Vict, c. 43, s. 4. Complaint for order to pay money need not be in writing. 11 & 12 Vict, c. 43, s. 8. Limit of time for complaint or information. 11 & 12 Vict, c. 43, s. 11. Defects in and alteration of complaint, information or summons. 24 of 1949, s. 10. [s. 27 cont.] Form of conviction and order. 11 & 12 Vict, c. 43, s. 17. Rules Forms 14-21. Forms 22-32. Proof by declaration of service of process and of hand-writing, etc. 42 & 43 Vict. C. 49, s. 41. Forms 36, 37. Form and execution of warrant, etc. 11 & 12 Vict, c. 43, s. 3. [s. 30 cont.] Rules. Form 5. Rule. Form 7. Non-avoidance of summons or warrant by death of magistrate. 42 & 43 Vict, c. 49, s. 37. Provisions as to proceedings, etc. 11 & 12 Vict, c. 43, s. 14; 42 & 43 Vict. C. 49, s. 39. Minute of proceedings. Rules. Form 13. Register of cases. 42 & 43 Vict. C. 49, s. 29. Rules. Form 60. [s. 34 cont.] Power to permit conditional release of offenders. 7 Edw. 7, c. 17, s. 1. (1), (3), (4). 24 of 1949, s. 11. Rules. Forms 26, 45. Forms 5, 21. 48 of 1949, s. 6. Reduction of imprisonment on part payment of fine. 4 & 5 Geo. 5, c. 58, s. 3 (1). [s. 36 cont.] Appropriation of money found on defendant for payment of find not exceeding $100. 24 of 1949, s. 12. Recognizance may be dispensed with. Summary order. 42 & 43 Vict, c.49, s. 34. 24 of 1949, s. 13. 24 of 1949, s. 13. Provision as to mode of payment of sum adjudged to be paid. 42 & 43 Vict. C. 49, s. 7. Rules. Forms 15-18, 20, 21. Return by magistrate's order of property taken from defendant. 42 & 43 Vict. C. 49, s. 44. [s. 41 cont.] Prosecution and punishment of aider or abettor. 11 & 12 Vict. C. 43, s. 5. Rule as to cumulative sentences for assault. 42 & 43 Vict. C. 49, s. 18. 24 of 1949, s. 14. Search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing receive. 24 of 1949, s. 15. Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property. [s. 46 cont.] Restoration of property unlawfully pledge, etc. Power to make orders with respect to property in possession of police. 24 of 1949, s. 16. Penalty on common informer for compounding without permission of magistrate. [s. 49 cont.] 24 of 1949, s. 17. Warrant of distress. 11 & 12 Vict. C. 43, s. 19. Rules. Form 15. Rules. Forms 40-41.Allowing defendant to go at large until return made to warrant, etc. 11 & 12 Vict. C. 43, s. 20. Rules. Form 54. Commitment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 21. Rules Forms 49, 53. Commitment of defendant where no remedy or punishment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 22. [s. 53 cont.] Rules. Form 53. Commitment of defendant in first instance. 11 & 12 Vict. C. 43, s. 23. Rules. Forms 51-52. Commitment for disobedience of order to do some act, etc., not being payment of money. 11 & 12 Vict. C. 43, s. 24. Rules. Forms 55-56. Rules. Forms 42, 43, 57. Consecutive sentences of imprisonment. 24 of 1949, s. 18. 48 of 1949, s. 7. On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged. 11 & 12 Vict. C. 43, s. 28. Provisions as to warrants of distress. 42 & 43 Vict. C. 49, s. 43. 22 of 1950, Schedule. 22 of 1950, Schedule. Rules. Form 50. Special provisions as to warrant of commitment for non-payment of money and as to warrant of distress. 42 & 43 Vict. C. 49, s. 21. [s. 59 cont.] 24 of 1949, s. 19. Rules. Forms 24, 59. Exercise on complaint of power to bind over to keep the peace. 42 & 43 Vict. C. 49, s. 25. Rules. Forms 27, 28. Power to reduce or vary security. 42 & 43 Vict. C. 49, s. 26. Rules. Forms 32-33. Recognizance taken out of court. 42 & 43 Vict. C. 49, s. 42. Mode of giving security and enforcement thereof. 42 & 43 Vict, c. 49, s. 23. Rules. Forms 5, 34. [s. 63 cont.] Rules. Forms 6, 7, 48. Enforcing recognizance for appearance. 42 & 43 Vict. C. 49, s. 9. Rules. Forms 5, 31, 35, 46. Rules. Form 28. Rules. Forms 29, 30, 47. Recovery of civil debts and costs. 42 & 43 Vict. C. 49, s. 6. Rules. Form 61. Enforcing civil debt. 42 & 43 Vict. C. 49, s. 35. Rules. Forms 62-69. [s. 66 cont.] Scale of imprisonment for non-payment of money adjudged to be paid, etc. 42 & 43 Vict. c . 49, s. 5. 24 of 1949, s. 20. (10 of 1899). Power to award costs and recovery thereof by distress. 11 & 12 Vict. C. 43, s. 18. 24 of 1949, s. 21. Procedure for compelling prosecutor to pay costs. 11 & 12 Vict. C. 43, s. 26. Rules. Forms 44, 58. Costs where fine does not exceed $20. 42 & 43 Vict. C. 49, s. 8. 24 of 1949, s. 22. Procedure on information being laid. 11 & 12 Vict. C. 42, s. 1. Rules. Form 3. Rules. Form 1. Rules. Form 2. Warrant to apprehend for offence committed on high seas, etc. 11 & 12 Vict. C. 42, s. 2. Warrant to apprehend where indictment is filed by Attorney General and accused is at large. 11 & 12 Vict. C. 42, s. 3. Rules. Form 3. [s. 73 cont.] Information to lead warrant in first instance to be in writing and upon oath. 11 & 12 Vict. C. 42, s. 8. Service of summonses. 11 & 12 Vict. C. 42, s. 9. Form, etc., of warrants. 11 & 12 Vict. c.. 42, s. 10. Summons or warrant for witness, etc. 11 & 12 Vict. c. 42, s. 16. Rules. Form 11. Power to remand accused. 11 & 12 Vict. C. 42,s . 21. [cf. 4 & 5 Geo. 5, c. 58, s. 20 (2).] Rules. Forms 12, 75. 24 of 1949, s. 23. Rules. Forms 76-77. 24 of 1949, s. 23. [cf. 4 & 5 Geo. 5, c. 58, s. 20 (1).] [s. 78 cont.] Place where examination taken not an open court. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 17. Rules. Form 13. Provisions as to taking of depositions, and caution to and statement of accused on proceedings before examining justices. 24 of 1949, s. 24. [cf. 15 & 16 Geo. 5, c. 86, s. 12 (2).] Rules Form 70. [cf. 15 & 16 Geo. 5, c. 86, s. 12 (3).][cf. 15 & 16 Geo. 5, c. 86, s. 12 (4).] Rules. Form 70. Evidence of accused and defence witnesses. [cf. 15 & 16 Geo. 5, c. 86, s. 12 (5), (6).] 2 of 1949, s. 25. [s. 82 cont.] Binding over of prosecutor and witnesses. 11 & 12 Vict. C. 42, s. 20; 30 & 31 Vict. C. 35, s. 3. Rules. Form 71. Rules. Form 72. Rules. Form 73. Rules. Form 74. Discharge or committal of accused. [cf. 11 & 12 Vict. C. 42, s. 25 and 15 & 16 Geo. 5, c. 86, s. 12 (8).] 24 of 1949, s. 26. [s. 84 cont.] Informing accused of committal. Depositions and exhibits after committal. 24 of 1949, s. 27. Procedure on charge of indictable offence against corporation. 15 & 16 Geo. 5, c. 86, s. 33. 24 of 1949, s. 27. Indictable offences which may be dealt with by special magistrate summarily. Schedule. 24 of 1949, s. 29. Indictable offences which may be dealt with by permanent magistrate summarily. Procedure as to indictable offences triable summarily. 42 & 43 Vict. C. 49, s. 27. Rules. Forms 38, 82. Rules. Forms 83. Special powers for summary trial of certain indictable offences. (Cap. 212). 24 of 1949, s. 30. Flogging. (Cap. 210). 36 of 1947, s. 2. Power to sentence juvenile to be whipped for certain offences. (Cap. 244). (Cap. 222). [s. 93 cont.] Power to fine in all cases. 42 & 43 Vict. C. 49, s. 4. 24 of 1949, s. 32. Power to award compensation in addition to punishment. 24 of 1949, s. 33. Power to sentence person using insulting language to or concerning magistrate. 24 of 1949, s. 34. Power to award compensation or penalty for malicious prosecution or false testimony. 24 of 1949, s. 35. 24 of 1949, s. 35. Imprisonment for non-payment of fine under Ordinance. (Cap. 228). Forfeiture of articles in certain cases. 24 of 1949, s. 36. [s. 99 cont.] Provisions relating to bail. 24 of 1949, s. 37. 24 of 1949, s. 37. Rules. Forms 78, 79. 9 of 1950, Schedule. Rules. Form 80. Warrant of deliverance where accused is in prison when bail granted. 11 & 12 Vict. C. 42, s. 24. Rules Form 81. Review of decision by magistrate. [s. 102 cont.] 24 of 1949, s. 38. [s. 102 cont.] 24 of 1949, s. 38. Application to state case on point of law. [cf. 20 & 21 Vict. C. 42, s. 2; 42 & 43 Vict, c. 49, s. 33.] Rules. Forms 84, 86. 24 of 1949, s. 39. Transmission of case to Registrar and notice to respondent. [cf. 20 & 21 Vict. C. 43, s. 3.] 24 of 1949, s. 39. Amendment of case by magistrate. 24 of 1949, s. 39. Setting down case for argument. 24 of 1949, s. 39. Judge may send case back for amendment. [cf. 20 & 21 Vict. c. 43, s. 7.] 24 of 1949, s. 39. Giving of security by appellant and fees for appeals under s. 103. Rules. Forms 87. 24 of 1949, s. 39. Rules. Form 88. Refusal to state or amend a case. [cf. 20 & 21 Vict. C. 43, s. 4.] Rules. Form 85. 24 of 1949, s. 39. Compelling magistrate to state or amend a case. [cf. 20 & 21 Vict. C. 43, s. 5.] 24 of 1949, s.39. Right of appeal from magistrate in a criminal matter. [cf. 4 & 5 Geo. 5, c. 58, s. 37 (1).] 24 of 1949, s. 39. Right of appeal against sentence of a magistrate. [cf. 15 & 16, Geo. 5, c. 86, s. 25.] Right of appeal from magistrate in a non-criminal matter. Procedure for appeals under s. 111 prior to entry of appeal. [cf. 23 & 24 Geo. 5. C. 38, s. 1.] 24 of 1949, s. 39. Rules. Forms 89, 90. Rules. Form 87. Service and notice. 24 of 1949, s. 39. [s. 113 cont.] Provision as to entry of appeal. [cf. 23 & 24 Geo. 5, c. 38, s. 3.] 24 of 1949, s. 29. 48 of 1949. S. 8. Abandonment of appeal. [cf. 23 & 24 Geo. 5, c. 38, s. 4.] 24 of 1949, s. 39. [s. 115 cont.] Procedure on hearing appeal. 24 of 1949, s. 39. (Cap. 221). (Cap. 234, Rules). [cf. 20 & 21 Vict. C. 43, s, 6 and 36 & 37 Vict. C. 66, s. 46.] [s. 116 cont.] Release from custody by a magistrate and powers of the judge on appeal. 24 of 1949, s. 39. Rules. Form 87. Provisions as to costs. [cf. 23 & 24 Geo. 5, c. 38, s. 5.] 24 of 1949, s. 39. 48 of 1949, s. 9. Provisions as to forfeited recognizances. [cf. 23 & 24, Geo. 5, c. 38, s. 6.] 24 of 1949, s. 39. [s. 119 cont.] (Cap. 221). Treatment of appellant, etc., pending appeal or rehearing. 24 of 1949, s. 39. [cf. 7 Edw. 7. C. 23, s. 14 (3).] Right of Attorney General to substitute himself as a party in appeals in certain cases. Provisions for costs in cases where the Attorney General has intervened. 9 of 1950, Schedule. [s. 122 cont.] Action against magistrate for act within his jurisdiction. 11 & 12 Vict. C. 44, s. 1. Action for act done without or in excess of jurisdiction. 11 & 12 Vict. C. 44, s. 2. Action to be against convicting magistrate. 11 & 12 Vict. C. 44, s. 3. Compelling magistrate to do act, and immunity for doing it. 11 & 12 Vict. C. 44, s. 5. After appeal no action for anything done under warrant upon it. 11 & 12 Vict. C. 44, s. 6. Setting aside of action prohibited by the Ordinance. 11 & 12 Vict. C. 44, s. 7. Provisions as to limitation of actions, costs, tender, payment and notice. 56 & 57 Vict. C. 61, s. 1. Amount of damages in certain cases. 11 & 12 Vict. C. 44, s. 13. Rules. 9 of 1950, Schedule. Regulations as to costs and fees. 24 of 1949, Schedule. (Cap. 218). (Cap. 21). (Cap. 210). 24 of 1950, Schedule.

41 of 1932. 23 of 1933. 19 of 1935. 32 of 1935. 8 of 1936. 20 of 1937. 5 of 1938. 5 of 1946. 36 of 1947. 24 of 1949. 48 of 1949. 9 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1949, s. 2. 42 & 43 Vict. C. 49, s. 48. 42 & 43 Vict. C. 49, s. 49. [s. 2 cont.] Saving of special procedure. Use of forms. Governor may by warrant appoint permanent and special magistrates. 24 of 1949, s. 3. 48 of 1949, s. 3. 24 of 1949. 24 of 1949. Marine magistrates. 24 of 1949, s. 4. Powers of justices of the peace, etc. 24 of 1949, s. 4. [s. 7 cont.] 24 of 1949, s. 4. 48 of 1949, s. 4. Issue of summons to defendant and mode of service thereof. 11 & 12 Vict. C. 43, s. 1. Rules. Form 1. Issue of warrant in case of disobedience to summons or in first instance. Rules. Form 2. Rules. Form 3. Manner of making complaint or laying information. 11 & 12 Vict. C 43, s. 10. [s. 10 cont.] 24 of 1949, s. 6. Place and manner of hearing. 11 & 12 Vict, c. 43, s. 12. 24 of 1949, s. 7. Prosecution of offences to be under control of Attorney General. 24 of 1949, s. 8. Appointment of public prosecutors by Attorney General. 24 of 1949, s. 8. Private prosecution and intervention by the Attorney General. 24 of 1949, s. 8. [s. 14 cont.] Power for public prosecutor to withdraw case. 21 of 1949, s . 8. Rights of parties to conduct case personally or by counsel. Authority of crown counsel to prosecute etc. 24 of 1949, s. 8. Non-appearance and appearance of parties, and procedure thereon. 11 & 12 Vict. C. 43, s. 13. Rules. Form 12. Rules Form 5. Rules Form 7. [s. 18 cont.] 24 of 1949, s. 9. 24 of 1949, s. 9. Proceedings at hearing. 11 & 12 Vict. C. 43, s. 14. 48 of 1949, s. 5. Rules. Form 25. Rules Form 39. Adjournment of hearing and procedure thereon. 11 & 12 Vict. C. 43, s. 16. [s. 20 cont.] Rules. Forms 4, 5. Rules. Form 7. Provisions as to witnesses. 11 & 12 Vict, c. 43, s. 7. Rules. Form 8. Rules. Form 9. Rules. Form 10. Provisions as to witness refusing to be sworn or answer. Rules. Form 11. Power to order production of documents. 4 & 5 Geo. 5, c. 58, s. 29. Rules. Forms 8,11. Variance between information and evidence. 11 & 12 Vict, c. 43, s. 9. Rules. Form 5. Rules Form 7. Description of property of partners in complaint or information. 11 & 12 Vict, c. 43, s. 4. Complaint for order to pay money need not be in writing. 11 & 12 Vict, c. 43, s. 8. Limit of time for complaint or information. 11 & 12 Vict, c. 43, s. 11. Defects in and alteration of complaint, information or summons. 24 of 1949, s. 10. [s. 27 cont.] Form of conviction and order. 11 & 12 Vict, c. 43, s. 17. Rules Forms 14-21. Forms 22-32. Proof by declaration of service of process and of hand-writing, etc. 42 & 43 Vict. C. 49, s. 41. Forms 36, 37. Form and execution of warrant, etc. 11 & 12 Vict, c. 43, s. 3. [s. 30 cont.] Rules. Form 5. Rule. Form 7. Non-avoidance of summons or warrant by death of magistrate. 42 & 43 Vict, c. 49, s. 37. Provisions as to proceedings, etc. 11 & 12 Vict, c. 43, s. 14; 42 & 43 Vict. C. 49, s. 39. Minute of proceedings. Rules. Form 13. Register of cases. 42 & 43 Vict. C. 49, s. 29. Rules. Form 60. [s. 34 cont.] Power to permit conditional release of offenders. 7 Edw. 7, c. 17, s. 1. (1), (3), (4). 24 of 1949, s. 11. Rules. Forms 26, 45. Forms 5, 21. 48 of 1949, s. 6. Reduction of imprisonment on part payment of fine. 4 & 5 Geo. 5, c. 58, s. 3 (1). [s. 36 cont.] Appropriation of money found on defendant for payment of find not exceeding $100. 24 of 1949, s. 12. Recognizance may be dispensed with. Summary order. 42 & 43 Vict, c.49, s. 34. 24 of 1949, s. 13. 24 of 1949, s. 13. Provision as to mode of payment of sum adjudged to be paid. 42 & 43 Vict. C. 49, s. 7. Rules. Forms 15-18, 20, 21. Return by magistrate's order of property taken from defendant. 42 & 43 Vict. C. 49, s. 44. [s. 41 cont.] Prosecution and punishment of aider or abettor. 11 & 12 Vict. C. 43, s. 5. Rule as to cumulative sentences for assault. 42 & 43 Vict. C. 49, s. 18. 24 of 1949, s. 14. Search warrant for thing stolen or unlawfully obtained. Examination of person from whom stolen thing receive. 24 of 1949, s. 15. Order for delivery of goods stolen or fraudulently obtained and in possession of dealer in second-hand property. [s. 46 cont.] Restoration of property unlawfully pledge, etc. Power to make orders with respect to property in possession of police. 24 of 1949, s. 16. Penalty on common informer for compounding without permission of magistrate. [s. 49 cont.] 24 of 1949, s. 17. Warrant of distress. 11 & 12 Vict. C. 43, s. 19. Rules. Form 15. Rules. Forms 40-41.Allowing defendant to go at large until return made to warrant, etc. 11 & 12 Vict. C. 43, s. 20. Rules. Form 54. Commitment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 21. Rules Forms 49, 53. Commitment of defendant where no remedy or punishment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 22. [s. 53 cont.] Rules. Form 53. Commitment of defendant in first instance. 11 & 12 Vict. C. 43, s. 23. Rules. Forms 51-52. Commitment for disobedience of order to do some act, etc., not being payment of money. 11 & 12 Vict. C. 43, s. 24. Rules. Forms 55-56. Rules. Forms 42, 43, 57. Consecutive sentences of imprisonment. 24 of 1949, s. 18. 48 of 1949, s. 7. On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged. 11 & 12 Vict. C. 43, s. 28. Provisions as to warrants of distress. 42 & 43 Vict. C. 49, s. 43. 22 of 1950, Schedule. 22 of 1950, Schedule. Rules. Form 50. Special provisions as to warrant of commitment for non-payment of money and as to warrant of distress. 42 & 43 Vict. C. 49, s. 21. [s. 59 cont.] 24 of 1949, s. 19. Rules. Forms 24, 59. Exercise on complaint of power to bind over to keep the peace. 42 & 43 Vict. C. 49, s. 25. Rules. Forms 27, 28. Power to reduce or vary security. 42 & 43 Vict. C. 49, s. 26. Rules. Forms 32-33. Recognizance taken out of court. 42 & 43 Vict. C. 49, s. 42. Mode of giving security and enforcement thereof. 42 & 43 Vict, c. 49, s. 23. Rules. Forms 5, 34. [s. 63 cont.] Rules. Forms 6, 7, 48. Enforcing recognizance for appearance. 42 & 43 Vict. C. 49, s. 9. Rules. Forms 5, 31, 35, 46. Rules. Form 28. Rules. Forms 29, 30, 47. Recovery of civil debts and costs. 42 & 43 Vict. C. 49, s. 6. Rules. Form 61. Enforcing civil debt. 42 & 43 Vict. C. 49, s. 35. Rules. Forms 62-69. [s. 66 cont.] Scale of imprisonment for non-payment of money adjudged to be paid, etc. 42 & 43 Vict. c . 49, s. 5. 24 of 1949, s. 20. (10 of 1899). Power to award costs and recovery thereof by distress. 11 & 12 Vict. C. 43, s. 18. 24 of 1949, s. 21. Procedure for compelling prosecutor to pay costs. 11 & 12 Vict. C. 43, s. 26. Rules. Forms 44, 58. Costs where fine does not exceed $20. 42 & 43 Vict. C. 49, s. 8. 24 of 1949, s. 22. Procedure on information being laid. 11 & 12 Vict. C. 42, s. 1. Rules. Form 3. Rules. Form 1. Rules. Form 2. Warrant to apprehend for offence committed on high seas, etc. 11 & 12 Vict. C. 42, s. 2. Warrant to apprehend where indictment is filed by Attorney General and accused is at large. 11 & 12 Vict. C. 42, s. 3. Rules. Form 3. [s. 73 cont.] Information to lead warrant in first instance to be in writing and upon oath. 11 & 12 Vict. C. 42, s. 8. Service of summonses. 11 & 12 Vict. C. 42, s. 9. Form, etc., of warrants. 11 & 12 Vict. c.. 42, s. 10. Summons or warrant for witness, etc. 11 & 12 Vict. c. 42, s. 16. Rules. Form 11. Power to remand accused. 11 & 12 Vict. C. 42,s . 21. [cf. 4 & 5 Geo. 5, c. 58, s. 20 (2).] Rules. Forms 12, 75. 24 of 1949, s. 23. Rules. Forms 76-77. 24 of 1949, s. 23. [cf. 4 & 5 Geo. 5, c. 58, s. 20 (1).] [s. 78 cont.] Place where examination taken not an open court. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 17. Rules. Form 13. Provisions as to taking of depositions, and caution to and statement of accused on proceedings before examining justices. 24 of 1949, s. 24. [cf. 15 & 16 Geo. 5, c. 86, s. 12 (2).] Rules Form 70. [cf. 15 & 16 Geo. 5, c. 86, s. 12 (3).][cf. 15 & 16 Geo. 5, c. 86, s. 12 (4).] Rules. Form 70. Evidence of accused and defence witnesses. [cf. 15 & 16 Geo. 5, c. 86, s. 12 (5), (6).] 2 of 1949, s. 25. [s. 82 cont.] Binding over of prosecutor and witnesses. 11 & 12 Vict. C. 42, s. 20; 30 & 31 Vict. C. 35, s. 3. Rules. Form 71. Rules. Form 72. Rules. Form 73. Rules. Form 74. Discharge or committal of accused. [cf. 11 & 12 Vict. C. 42, s. 25 and 15 & 16 Geo. 5, c. 86, s. 12 (8).] 24 of 1949, s. 26. [s. 84 cont.] Informing accused of committal. Depositions and exhibits after committal. 24 of 1949, s. 27. Procedure on charge of indictable offence against corporation. 15 & 16 Geo. 5, c. 86, s. 33. 24 of 1949, s. 27. Indictable offences which may be dealt with by special magistrate summarily. Schedule. 24 of 1949, s. 29. Indictable offences which may be dealt with by permanent magistrate summarily. Procedure as to indictable offences triable summarily. 42 & 43 Vict. C. 49, s. 27. Rules. Forms 38, 82. Rules. Forms 83. Special powers for summary trial of certain indictable offences. (Cap. 212). 24 of 1949, s. 30. Flogging. (Cap. 210). 36 of 1947, s. 2. Power to sentence juvenile to be whipped for certain offences. (Cap. 244). (Cap. 222). [s. 93 cont.] Power to fine in all cases. 42 & 43 Vict. C. 49, s. 4. 24 of 1949, s. 32. Power to award compensation in addition to punishment. 24 of 1949, s. 33. Power to sentence person using insulting language to or concerning magistrate. 24 of 1949, s. 34. Power to award compensation or penalty for malicious prosecution or false testimony. 24 of 1949, s. 35. 24 of 1949, s. 35. Imprisonment for non-payment of fine under Ordinance. (Cap. 228). Forfeiture of articles in certain cases. 24 of 1949, s. 36. [s. 99 cont.] Provisions relating to bail. 24 of 1949, s. 37. 24 of 1949, s. 37. Rules. Forms 78, 79. 9 of 1950, Schedule. Rules. Form 80. Warrant of deliverance where accused is in prison when bail granted. 11 & 12 Vict. C. 42, s. 24. Rules Form 81. Review of decision by magistrate. [s. 102 cont.] 24 of 1949, s. 38. [s. 102 cont.] 24 of 1949, s. 38. Application to state case on point of law. [cf. 20 & 21 Vict. C. 42, s. 2; 42 & 43 Vict, c. 49, s. 33.] Rules. Forms 84, 86. 24 of 1949, s. 39. Transmission of case to Registrar and notice to respondent. [cf. 20 & 21 Vict. C. 43, s. 3.] 24 of 1949, s. 39. Amendment of case by magistrate. 24 of 1949, s. 39. Setting down case for argument. 24 of 1949, s. 39. Judge may send case back for amendment. [cf. 20 & 21 Vict. c. 43, s. 7.] 24 of 1949, s. 39. Giving of security by appellant and fees for appeals under s. 103. Rules. Forms 87. 24 of 1949, s. 39. Rules. Form 88. Refusal to state or amend a case. [cf. 20 & 21 Vict. C. 43, s. 4.] Rules. Form 85. 24 of 1949, s. 39. Compelling magistrate to state or amend a case. [cf. 20 & 21 Vict. C. 43, s. 5.] 24 of 1949, s.39. Right of appeal from magistrate in a criminal matter. [cf. 4 & 5 Geo. 5, c. 58, s. 37 (1).] 24 of 1949, s. 39. Right of appeal against sentence of a magistrate. [cf. 15 & 16, Geo. 5, c. 86, s. 25.] Right of appeal from magistrate in a non-criminal matter. Procedure for appeals under s. 111 prior to entry of appeal. [cf. 23 & 24 Geo. 5. C. 38, s. 1.] 24 of 1949, s. 39. Rules. Forms 89, 90. Rules. Form 87. Service and notice. 24 of 1949, s. 39. [s. 113 cont.] Provision as to entry of appeal. [cf. 23 & 24 Geo. 5, c. 38, s. 3.] 24 of 1949, s. 29. 48 of 1949. S. 8. Abandonment of appeal. [cf. 23 & 24 Geo. 5, c. 38, s. 4.] 24 of 1949, s. 39. [s. 115 cont.] Procedure on hearing appeal. 24 of 1949, s. 39. (Cap. 221). (Cap. 234, Rules). [cf. 20 & 21 Vict. C. 43, s, 6 and 36 & 37 Vict. C. 66, s. 46.] [s. 116 cont.] Release from custody by a magistrate and powers of the judge on appeal. 24 of 1949, s. 39. Rules. Form 87. Provisions as to costs. [cf. 23 & 24 Geo. 5, c. 38, s. 5.] 24 of 1949, s. 39. 48 of 1949, s. 9. Provisions as to forfeited recognizances. [cf. 23 & 24, Geo. 5, c. 38, s. 6.] 24 of 1949, s. 39. [s. 119 cont.] (Cap. 221). Treatment of appellant, etc., pending appeal or rehearing. 24 of 1949, s. 39. [cf. 7 Edw. 7. C. 23, s. 14 (3).] Right of Attorney General to substitute himself as a party in appeals in certain cases. Provisions for costs in cases where the Attorney General has intervened. 9 of 1950, Schedule. [s. 122 cont.] Action against magistrate for act within his jurisdiction. 11 & 12 Vict. C. 44, s. 1. Action for act done without or in excess of jurisdiction. 11 & 12 Vict. C. 44, s. 2. Action to be against convicting magistrate. 11 & 12 Vict. C. 44, s. 3. Compelling magistrate to do act, and immunity for doing it. 11 & 12 Vict. C. 44, s. 5. After appeal no action for anything done under warrant upon it. 11 & 12 Vict. C. 44, s. 6. Setting aside of action prohibited by the Ordinance. 11 & 12 Vict. C. 44, s. 7. Provisions as to limitation of actions, costs, tender, payment and notice. 56 & 57 Vict. C. 61, s. 1. Amount of damages in certain cases. 11 & 12 Vict. C. 44, s. 13. Rules. 9 of 1950, Schedule. Regulations as to costs and fees. 24 of 1949, Schedule. (Cap. 218). (Cap. 21). (Cap. 210). 24 of 1950, Schedule.

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