Section 40: Summons to issue

40. Summons to issue (1) Where a charge or complaint in Form A of the Second Schedule is made on oath before a Magistrate that any person has committed or is suspected of having committed an offence punishable by a fine, the Magistrate shall not in the first instance issue a warrant, but he may issue a summons in Form C of the Second Schedule to the party charged. (2) The summons shall be signed by the Magistrate, state the substance of the charge or complaint, and direct the party charged to appear before the Magistrate of the district at a time and place specified. (3) The summons may be served by any usher or officer and shall be served on the party charged personally, or a copy of it shall be left at his residence. (4) Where such party fails to appear in obedience to the summons, or where the usher returns to the Magistrate that he is not able to effect service, the Magistrate may issue a warrant for his arrest. (5) The Magistrate may issue a warrant to apprehend persons charged with keeping gambling houses.