Section 2: To safely keep him/her* in your custody in default of such recognisance/for

2. To safely keep him/her* in your custody in default of such recognisance/for want of such sureties* to give evidence as aforesaid in the trial of the said Accused and have him/her* in Court to give evidence accordingly; And for so doing, this shall be your sufficient warrant. Given under my hand on ............................ (Date) .......................................................... District Magistrate * Delete as appropriate FORM F [Sections 61] USUAL FORM OF RECOGNISANCE FOR THE APPEARANCE OF THE PARTY CHARGED TO STAND HIS TRIAL IN THE DISTRICT COURT OF ......................................................................... ............................................ (Name of Person Charged) ............. (Occupation), of ........................................................................................... (Address) in the District of .................................................................................., acknowledges himself/herself* to be indebted to the State in the sum of ............. rupees; Upon condition that if he/she* personally appears at the next sitting of the Supreme Court at which his/her* trial may be set down, in order to answer any such criminal information as may be exhibited against him/her* and does not depart the Court without leave, then this recognisance shall be void, otherwise it shall remain in full force. .......................................................... Signature of party bound Taken before me, having been first carefully read by (or read over to*) the said..... before he/she* subscribed the same, on ........................................ (Date) .......................................................... District Magistrate * Delete as appropriate D13 – 37 [Issue 1] District and Intermediate Courts (Criminal Jurisdiction) Act FORM G [Sections 57 FINAL COMMITMENT OF PRISONER FOR TRIAL IN THE DISTRICT COURT OF ......................................................................... To ...................... (Commissioner of Police) and to the Commissioner of Prisons. Whereas .................... (Name) ...... (Occupation), ......................................... of ............................................................................................. (Address) is now brought before me, Magistrate in and for the said District, having been charged with the offence of ..................................................................... And whereas from the evidence adduced I am of opinion that such evidence is sufficient to put him/her* on his/her* trial, or that the evidence raises a strong or probable presumption of his/her* guilt. And whereas the said offence is not within my jurisdiction, I have committed the said ....................................................... to stand trial before the Supreme Court under section ........................... of .................................................................. YOU ........................................................... (Name and rank of Police Officer) are hereby required, in the State’s name, to convey the said ................................. to the Commissioner of Prisons; and YOU, the Commissioner of Prisons, are hereby required to receive the said .......... in your custody, and safely keep him/her* there until he/she* delivered from your custody by due course of law. And for so doing this shall be your sufficient warrant. Given under my hand and seal of the Court of .................... ................ (Name and rank of Police Officer) are hereby required, in the State’s name, to convey the said ................................. to the Commissioner of Prisons; and YOU, the Commissioner of Prisons, are hereby required to receive the said .......... in your custody, and safely keep him/her* there until he/she* delivered from your custody by due course of law. And for so doing this shall be your sufficient warrant. Given under my hand and seal of the Court of ..................... on ............ (Date) .......................................................... District Magistrate * Delete as appropriate FORM H [Section 77] CONVICTION This is to certify that— On ....................................... (Date) In the Intermediate Court/District Court of ...........................................*, .......................... (Name of Convicted Person), ...............................................(Occupation) of ....... (Address) was CONVICTED before me ..........................................................., Magistrate of the Intermediate Court/District Court of ......................................... having on .... at ................. (Date, place and nature of offence); and I ORDER him/her* for the said offence to be imprisoned for a term of ....................................... and to pay the sum of .......... as costs; and IF the said costs are not paid forthwith (or on or before ..................), then I order him/her* to be imprisoned for a term of ........................ to commence at .................................. and from the termination of his/her* imprisonment aforesaid, unless the said costs are paid by then. Given under my hand and seal, at ......................................, on ............ .......................................................... Magistrate * Delete as appropriate [Issue 1] D13 – 38 Revised Laws of Mauritius FORM I [Section 76] CERTIFICATE OF DISMISSAL IN THE INTERMEDIATE COURT/DISTRICT COURT OF .................................... * I hereby certify that on an information preferred by ............................. (Name of Informant/Complainant) against ............................. (Name of Person Charged) for the offence of ....................................................., the trial was on .................. Concluded by me, ............................................... Magistrate of the Intermediate Court/District Court of ......................................... * and the information was dismissed by me (with costs). Dated this ........................................ day of ............................... 20.............. .......................................................... Magistrate * Delete as appropriate FORM J [Section 79] COMMITMENT WHERE PUNISHMENT IS BY IMPRISONMENT OR PENAL SERVITUDE IN THE INTERMEDIATE COURT/DISTRICT COURT OF .................................... * To ...................... (Commissioner of Police) and to the Commissioner of Prisons. Whereas on the ........................................of .................................20.............. before me ............................... Magistrate of the Intermediate Court/District Court of ...............................................*, “the Convicted Person” was convicted of the offence of ..............in breach of ..................................................................... and was sentenced to penal servitude/imprisonment* for a term of ........................ s. Whereas on the ........................................of .................................20.............. before me ............................... Magistrate of the Intermediate Court/District Court of ...............................................*, “the Convicted Person” was convicted of the offence of ..............in breach of ..................................................................... and was sentenced to penal servitude/imprisonment* for a term of ........................ for the said offence and to pay the sum of .......................... as costs of the case. In the State’s name I now ORDER— YOU .............................. (Commissioner of Police) to take the Convicted Person and to convey and deliver him/her* to the Commissioner of Prisons together with his precept; and YOU, Commissioner of Prisons, to receive the Convicted Person into your custody, and to detain him/her* for the term of ................. and further to imprison him/her* in respect of the costs for ................. days, unless such costs shall be sooner paid. AND, for so doing, this shall be your sufficient warrant. Given under my hand and seal, on ........................................................ (Date) .......................................................... Magistrate * Delete as appropriate D13 – 39 [Issue 1] District and Intermediate Courts (Criminal Jurisdiction) Act FORM K [Section 88(1)] WARRANT OF COMMITMENT IN DEFAULT OF PAYMENT OF FINE AND COSTS IN THE INTERMEDIATE COURT/DISTRICT COURT OF .................................... * To the Commissioner of Police and to the Commissioner of Prisons. WHEREAS on the .............................. day of ................................20.............. (Name, Occupation and Address of Convicted Person) was duly convicted before me, Magistrate of .......................................................... (Court), of the offence(s) of ................................................................... and was sentenced by me to pay— a fine of ................................... rupees (In respect of Court .........................) a fine of ................................... rupees (In respect of Court .........................) And further to pay the sum of ..... rupees as COSTS. Or in default thereof, to be imprisoned for the periods following, respectively, unless the said sums be sooner paid name— In respect of the fine of .............. rupees, imprisonment during ................ days In respect of the fine of .............. rupees, imprisonment during ................ days In respect of the costs of ............ rupees, imprisonment during ................. day. WHEREAS the said .................... has not paid the aforesaid fine(s) and costs. In the State’s name I hereby ORDER— YOU ........................................ (Commissioner of Police) to apprehend the said Convicted Person and to convey and deliver him/her* in the custody of the Commissioner of Prisons; and YOU, Commissioner of Prisons, to receive the said Convicted Person in your custody and to detain him/her* for the aforesaid periods consecutively/concurrently*, unless the said sums be sooner paid or until delivery from your custody by due course of law; AND for so doing, this shall be your sufficient warrant. Given under my hand and seal, on ........................................................ (Date) .......................................................... Magistrate * Delete as appropriate [Issue 1 sioner of Prisons, to receive the said Convicted Person in your custody and to detain him/her* for the aforesaid periods consecutively/concurrently*, unless the said sums be sooner paid or until delivery from your custody by due course of law; AND for so doing, this shall be your sufficient warrant. Given under my hand and seal, on ........................................................ (Date) .......................................................... Magistrate * Delete as appropriate [Issue 1] D13 – 40 Revised Laws of Mauritius FORM L [Section 88 (4)] WARRANT OF ARREST IN DEFAULT OF PAYMENT OF FINE AND COSTS IN THE INTERMEDIATE COURT/DISTRICT COURT OF .................................... * To the Commissioner of Police WHEREAS on the .............................. day of ................................20.............. (Name, Occupation and Address of Convicted Person) was convicted before me, Magistrate of .......................................................... (Court), of the offence(s) of ................................................................... and was sentenced by me to pay— a fine of ................................... rupees (In respect of Court .........................) a fine of ................................... rupees (In respect of Court .........................) And further to pay the sum of ..... rupees as COSTS Or in default thereof, to be imprisoned for the periods following, respectively, unless the said sums be sooner paid namely— In respect of the fine of .............. rupees, imprisonment during ................ days In respect of the fine of .............. rupees, imprisonment during ................ days In respect of the costs of ............ rupees, imprisonment during ................. day. And whereas on the ................... (Date), I did grant to the said Convicted Person, a period of ............................ days for the payment by him of the said sums, for which payment or the surrender of himself within the said time, the said Convicted Person furnished security and was sent at liberty. And whereas the said time has expired and the sums have not been paid by the said Convicted Person, nor has the said Convicted Person surrendered himself/herself*. In the State’s name I hereby ORDER you on sight of the Convicted Person to apprehend him/her* and to bring him/her* before me for committal to prison. Given under my hand and seal, on ........................................................ (Date) .......................................................... Magistrate * Delete as appropriate FORM M [Section 80] COMMITMENT WHERE PUNISHMENT IS IMPRISONMENT OR PENAL SERVITUDE IN THE FIRST INSTANCE TOGETHER WITH IMPRISONMENT IN DEFAULT OF PAYMENT OF FINE AND COSTS IN THE INTERMEDIATE COURT/DISTRICT COURT OF .................................... * To the Commissioner of Police, and to the Commissioner of Prisons. Whereas on ...................................... (Date) Before the Intermediate Court/District Court of .................................................*, ..................................................... (Name of Convicted Person) was convicted of the offence of ............................................................................... in breach of .................................. and sentenced to imprisonment/penal servitude* for a term of .................................................................................................................. D13 – 41 [Issue 1] ct Court of .................................................*, ..................................................... (Name of Convicted Person) was convicted of the offence of ............................................................................... in breach of .................................. and sentenced to imprisonment/penal servitude* for a term of .................................................................................................................. D13 – 41 [Issue 1] District and Intermediate Courts (Criminal Jurisdiction) Act FORM M—continued And whereas the said Convicted Person was further ordered by the Court to pay, in respect of that offence, a fine of ......rupees, and further to pay the sum of ........ rupees as costs, or in default thereof, to be further imprisoned for the periods following, respectively and consecutively unless the said sums be sooner paid, namely— In respect of the fine of .............. rupees, imprisonment during ................ days In respect of the costs of ............ rupees, imprisonment during ................ days And whereas the said Convicted Person has not paid the aforesaid fine and costs; In the State’s name, I hereby ORDER— YOU, Commissioner of Police, to apprehend the said Convicted Person and to convey him/her* to prison and to deliver him/her* there to the Commissioner of Prisons; and YOU, Commissioner of Prisons, to receive the said Convicted Person in your custody, and to detain him/her* there for a period of ..............................; and further at the expiry of such imprisonment or term of penal servitude, to imprison him/her* in respect of the fine for ................ days, and then in respect of the costs for ...... days, unless the said sums be sooner paid or until delivery from your custody by due course of law. And for so doing, this shall be your sufficient warrant. Given under my hand and seal, on ........................................................ (Date) .......................................................... Magistrate * Delete as appropriate Continued on page D13 – 43 [Issue 1] D13 – 42 Revised Laws of Mauritius D13 – 43 [Issue 1] ELUDEHCS DRIHT ]98 dna snoitceS[ ENIF FO TNEMYAP FO TLUAFED NI TNEMNOSIRPMI fo doireP enif fo tnuomA ot tnemnosirpmi deredro eb syaD )s(yaD sc sR sc sR toN 00.002 gnideecxe erom ton dna ssel ton 00.000,1 ton tub 00.002 gnideecxe naht naht gnideecxe “ “ 00.000,5 “ 00.000,1 gnideecxe “ “ 00.000,01 “ 00.000,5 gnideecxe “ “ 00.000,02 “ 00.000,01 gnideecxe “ “ 00.000,04 “ 00.000,02 gnideecxe “ “ 00.000,06 “ 00.000,04 gnideecxe 000,1 “ “ “ 00.000,06 gnideecxe STSOC FO TNEMYAP FO TLUAFED NI TNEMNOSIRPMI fo doireP fo tnuomA ot tnemnosirpmi stsoc deredro eb syaD )s(yaD sc sR sc sR toN 00.002 gnideecxe erom ton dna ssel ton 00.000,1 ton tub 00.002 gnideecxe naht naht gnideecxe “ “ 00.000,1 gnideecxe ].9991 fo tcA yb dednema .hcS drihT[