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<h1>Procedure when not convicted: magistrate must hear prosecution and defence and may summon witnesses subject to expense deposit.</h1> Where a magistrate does not convict, the magistrate must hear the prosecution and take all prosecution evidence, and hear the accused and take all defence evidence; the magistrate may, on application by either party, issue a summons directing a witness to attend or produce documents, and may require deposit in court of the reasonable expenses of the witness before summoning.