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It is extremely improper for the magistrate, in disposing of the case, to rely in any way on statements made to him out of court, 14 Bom. 572 ; and yet this elementary rule is not contained in the Evidence Act. P. 154, sec. 248. This applies only to a summons-case, 13 Bom. 600, 603. Pp. 154, 155. Sec. 250 is repealed by Act IV of 1891, sec. 1. See infra p. 70 for the new section (561) substituted for sec. 250. P. 157, sec. 260. That for the purposes of this section the offence is not necessaril...y determined by the complaint, see 16 Cal. 715, at p. 722. P. 158, sec. 260, Offences punishable under sec. 2 of Act XIII of 1859 (to provide for the punishment of breaches of contract of artificers, workmen, and labourers in certain cases) are triable under this section, 11 All. 262. P. 167, sec. 292. Where during the cross-examination of the witnesses for the prosecution, and before the accused is asked under sec. 289 whether he means to adduce evidence, he puts in documentary evidence on his behalf, this does not entitle the prose- cutor to reply, 17 Cal.
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