PART IV. Justices Act.-1921. thinks fit so to order, the term of imprisonment thereby imposed shall commence at the termination of the imprisonment the defendant is then undergoing. DIVISION VI. 93. When a warrant of commitment is issued against a defen- Imprisonment for dant who is then in prison undergoing imprisonment upon a con- subsequent offence viction for any other offence, such warrant of commitment for the expiration of earlier subsequent offence shall in every such case be forthwith delivered sentence. may commence at (2). to the keeper of the gaol to whom the same is directed, and the 6 of 1850, s. 24. Justice issuing the same may, if he thinks fit, order that the im- Cf. 1090, 1912, s. 6 prisonment for such subsequent offence shall commence at the expiration of the imprisonment to which such defendant has been previously adjudged or sentenced. Reduction of Imprisonment upon Part Payment. payment of sums c. 58, s. 3. 94. (1) When any conviction or order adjudges the payment Reduction of im of any fine or sum of money, and any term of imprisonment is imposed prisonment on part upon the defendant in default of such payment, the term of adjudged to be paid. imprisonment so imposed shall, upon payment or satisfaction of any Cf. 4 & 5 Geo. V., part of such fine or sum, 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: Provided that in reckoning the number of days by which any term of imprisonment would be reduced under this section the first day of imprisonment shall not be taken into account, and that, in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a penny shall be omitted. (2) Payment under this section may be made to (a) the clerk; or (b) the keeper of any gaol in which the defendant is imprisoned under a warrant of commitment issued in respect thereof. (3) When application is made to any Justice to issue a warrant of commitment to enforce any such conviction or order as aforesaid, and it is made to appear to such Justice that any part of the fine or sum thereby adjudged to be paid has been paid, he shall issue his warrant of commitment accordingly for the term as reduced under this section. (4) When a warrant of commitment has been issued against any defendant in respect of the non-payment of any fine or sum of money, and payment is made of any part of such fine or sum to the clerk as aforesaid, such clerk shall give to the person making the payment a certificate thereof under his hand. (5) Upon receipt of such certificate, or of any sum paid under this section, the keeper of any gaol in which the defendant is imprisoned under such warrant of commitment shall endorse a memorandum of such payment, and of the reduction thereby effected, upon the warrant of commitment, which shall thereupon be deemed to have been amended accordingly. Payment PART IV. DIVISION VI. Distress to be stayed on payment or tender. 6 of 1850, s. 28. Defendant to be ment of fine, &c. 6 of 1850, s. 28. Justices Act.-1921. Payment under Distress or Commitment. 95. If any defendant against whom a warrant of distress has issued pays or tenders to the constable having the execution of the same the sum or sums in such warrant mentioned, together with the amount of the expenses of such distress up to the time of such payment or tender, such constable shall cease to execute the same. 96. When any defendant is imprisoned under any warrant of released upon pay commitment for non-payment of any fine or other sum, he may pay or cause to be paid to the keeper of the gaol in which he is so imprisoned the sum in the warrant of commitment mentioned, together with the amount of the costs, charges, and expenses (if any) therein also mentioned, and the said keeper shall receive the same, and shall thereupon discharge the defendant, if he be in his custody for no other matter. Regulations as to whom penalties, &c., to be paid. 6 of 1850, s. 46. Application by clerk. DIVISION VII. This Act to apply to peace informations. 298 of 1883-4, s. 28. 97. (1) Every warrant of distress shall order the constable, or other person to whom the same is directed, to pay the amount of the sum to be levied thereunder to the clerk. (2) If any defendant who has been adjudged by any conviction or order to pay any fine or sum of money pays the same to any constable or other person, such constable or other person shall forthwith pay the same to such clerk. (3) If any defendant who has been committed to prison for nonpayment of any fine or sum as aforesaid pays the same, or any part thereof, to the keeper of the gaol in which he is imprisoned, such keeper shall forthwith pay the same to the said clerk. 98. Upon receipt of any fine or sum of money adjudged to be paid by any conviction or order, or of any part thereof, the clerk shall forthwith pay the same as follows:- (a) in the first place, in or towards satisfaction of any costs incurred by any party in or about the execution of the conviction or order, or otherwise payable to such party thereunder; and secondly, (b) if the order is one for the payment of money to the complainant, then to the complainant; or (c) in any other case according to the direction of the Special Act, or, it the Special Act contains no directions for payment to any person or persons, then to the Treasury. DIVISION VII. SURETIES TO KEEP THE PEACE. 99. (1) The power of a Court of Summary Jurisdiction, upon complaint of any person, to adjudge a defendant to enter into a recognizance, and find sureties to keep the peace, or be of good behaviour towards the complainant, shall be exercised by an order upon complaint, and this Act shall apply accordingly. (2) The Justices Act.--1921. (2) The complainant and defendant and their 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 complaint. other (3) The Court may order the defendant to enter into a recognizance, with or without sureties, to keep the peace, or be of good behaviour, and, in default of compliance with such order, to be imprisoned for any period not exceeding six months. PART IV. DIVISION VII. with regard to 100. (1) When any defendant is committed to gaol in default Power to vary order of finding sureties, as in the last preceding section mentioned, he may sureties. in person, or by anyone acting on his behalf, apply for an order 298 of 1883-4, s. 29. varying that under which he was committed. (2) The matter of the application shall be heard and determined by a Special Magistrate, who may inquire further into the case. (3) If it appears just, upon new evidence produced, or upon proof of a change of circumstances, the Magistrate, having regard to all the circumstances of the case, may make an order reducing the amount for which it is proposed the sureties should be bound, or dispensing with the sureties or surety, or otherwise dealing with the case as the Court thinks just. 101. An information may be laid before a Justice in any case Information of where (a) any person is suspected to have committed any treason, felony, or indictable misdemeanor, or other indictable. offence whatsoever, within the State: (b) any person suspected to be guilty of having committed any such offence out of the State (of which offence cognizance may be taken by the Courts of the State) is or is suspected to be within the State. indictable offence. 15 of 1849 s. 1. 102. (1) If it is intended to issue a warrant in the first instance, If warrant to issue as hereinafter provided, the information shall be in writing, and the information to be matter thereof shall be substantiated by the oath of the informant wise oath not or a witness. (2) In any any oath. other case the information may be by parol and without Issue of Warrants and Summonses. upon oath; other. necessary. 103. Whenever an information is laid before a Justice against any Issue of warrant in person, and the matter thereof is substantiated by the oath of the first instance. informant Ibid., s. 1. PART V. DIVISION I. Issue of summons. Ibid., s. 1. On disobedience to summons warrant may issue. Ibid., s. 1, Warrant may issue Examination be fore Justices. 15 of 1849, s. 8. Place where ex. amination taken not to be deemed an open Court, and no person to remain without consent. Cf., ibid., s. 10. Evidence upon oath. Ibid., s. 8. Depositions to be On completion of the evidence for the Justices Act.-1921. informant or a witness, the Justice may, if such defendant is not then in custody, issue his warrant, in the first instance, for the apprehension of the defendant. 104. Whenever an information is laid before a Justice he may, if the defendant is not then in custody, issue his summons for the appearance of the defendant. 105. (1) If after being duly served with a summons the defendant fails to appear in obedience thereto, and if the matter of the information is or has been substantiated by the oath of the informant or a witness, any Justice may issue his warrant to apprehend the defendant. (2) Notwithstanding anything herein contained any Justice may issue his warrant, before or after the time appointed in a summons, for the appearance of a defendant against whom an information for an indictable offence has been duly laid and substantiated as herein before provided. Preliminary Examination. 106. Whenever any defendant charged with an indictable offence upon an information under section 101 appears or is brought before any Justice, whether voluntarily upon summons, or upon apprehension under or without warrant, or in custody, for the same or any other offence, the Justice, before he commits the defendant to trial or admits him to bail, shall, in the presence of the defendant, take the statement of those who know the facts and circumstances of the case. 107. The room or building in which the examination is taken shall not be deemed an open Court for that purpose, and the Justice may, if it appears to him that the ends of justice will be best answered by so doing, order that no person shall have access to or be or remain in such room or building without his consent or permission: Provided that nothing herein contained shall authorise the exclusion of any counsel or solicitor for either party. 108. (1) Every witness shall have the usual oath administered to him before he is examined. (2) The statement of every witness shall be taken down in writing in the presence of the defendant, and his deposition shall be read over to the witness and be signed by him and by the Justice. 109. (1) When all the evidence offered upon the part of the prosecution Justice prosecution has been heard, the Justice then present shall consider to consider whether whether it is sufficient to put the defendant upon his trial. prima facie case made. If not made defendant to be discharged. (2) If the Justice is of opinion that the evidence is not so sufficient, he shall forthwith order the defendant, if in custody, to be discharged as to the information then under inquiry. (3) If Justices Act.--1921. PART V. DIVISION I. (3) If the Justice is of opinion that the evidence is so sufficient, If made, Justice to the Justice proceed to minor offence, (a) may (if the charge is one of a minor indictable offence), dispose of case as a proceed in the manner directed and under the provisions in that behalf contained in Division II. hereof; (b) may (unless the defendant is charged with a capital offence, ask defendant to or with manslaughter), ask the defendant whether he plead, wishes to plead to the charge as provided in Division III. hereof, and proceed as thereby directed; or (c) shall proceed with the examination as hereinafter provided. or complete the examination. 110. (1) Where the Justice proceeds with the examination, he Accused to be shall say to the defendant these words, or words to the like effect: 66 asked whether he desires to give evidence, &c. Amended by 15 of Having heard the evidence for the prosecution, do you wish to be sworn and give evidence on your own behalf, or do you 1849, s. 9. desire to say anything in answer to the charge. You are not 298 of 1883-4, s. 3, obliged to be sworn and give evidence, nor are you required to say anything unless you desire to do so; but whatever evidence you may give upon oath, or anything you may say, will be taken down in writing, and may be given in evidence upon your trial.” "You are clearly to understand that you have nothing to hope from any promise of favor, and nothing to fear from any threat, which may have been held out to you to induce you to make any admission or confession of your guilt; but that whatever you now say may be given in evidence upon your trial, notwithstanding any such promise or threat." (2) Whatever the defendant then says in answer thereto shall be taken down in writing and read over to him, and shall be signed by the Justice, and kept with the depositions of the witnesses, and transmitted with them as hereinafter mentioned. (3) Upon the trial of the defendant such statement or evidence as aforesaid may be given in evidence without further proof thereof, unless it is proved that the Justice by whom it purports to be signed did not in fact sign it. (4) Nothing herein contained shall prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the defendant made at any time, which by law would be admissible as evidence against him. 111. (1) When the defendant has given evidence or made his state- Defendant may call ment, or has declined to do so, the Justice, before he commits the witnesses. defendant for trial or admits him to bail, shall ask the defendant 298 of 1883.4, . 3. whether he desires to call any witness. (2) Any witness whom the defendant desires to call shall then be called, and the statement of any such witness who knows anything s. relating |