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site party to consider the case and to apply for amend- ment if he were so advised. Section 14 of this Ordi- nance, therefore, amends section 100 so as to give the magistrate power to amend the case at any time before the commencement of the hearing by the Full Court. This will give the opposite party sufficient time to make any necessary application because four clear days notice of the day appointed for argument must be given to the other side. Section 100 of the principal Ordinance is also amended so as to require the trans- mission, service and setting down for argument of the amended case just as if it were the original case,
15. Section 15 amends section 101 of the principal Ordinance so as to require that notice that the case has been set down shall be given to the Crown Solicitor as well as to the opposite party.
16. Section 103 of the principal Ordinance does not at present expressly refer to the case where the party aggrieved wishes to appeal on the ground that there was no evidence on which the magistrate could convict. Section 16 includes an express reference to this case in section 103 of the principal Ordinance. That will have the effect of applying to such an appeal the pro- visions relating to appeals on the ground of fact. One effect of this apparently is that it would be possi- ble for the Full Court, should it think fit in any parti- cular case, to hear further evidence.
17. Section 17 amends section 104 of the principal Ordinance so as to require service on the Crown Soli- citor of the motion for a re-hearing before the Full Court in the case of appeal on the ground of fact.
18. Section 18 adds to section 106 of the principal Ordinance a new sub-section (7) which gives the Full Court power to estreat the appellant's recognizance if he fails to perform any part of the condition. This is in order to provide expressly for the class of cases where the appeal is abandoned before it ever reaches the Full Court. Probably the Full Court has this power already, but it has been thought better to give it expressly, and also to provide that an appeal so disposed of shall for the purposes of section 111 be deemed to have been decided in favour of the respon- dent. The effect of this latter provision is that a magistrate can then proceed to enforce the original conviction or order.
19. Section 19 inserts in the principal Ordinance a new section 106A which provides that any notice or document required to be given or served by the appel- lant in any appeal may be given to or served on the respondent's solicitor, and that if the respondent has no solicitor and the respondent himself cannot be found the Full Court may proceed with the appeal as if the notice had been given or the document had been served. It is evidently convenient to be able to serve a solicitor, and it seems obvious that, for example, a convicted person should not be prevented from appeal- ing by the mere fact that the complainant has disap- peared or is purposely keeping out of the way.
20. Section 20 inserts in the principal Ordinance a new section which provides that on any appeal on a question of fact the depositions taken before the magis- trate, or a certified copy thereof, shall be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place. The depositions are also to be admissible on the hearing of any motion under the new section 113A which is dealt with in paragraph 21 below, and on any application to the Full Court to send a case stated back to the magistrate for amendment.
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