530
[cf. No. 9 of 1899 ss. 12-14.]
Application to state case on point of law.
[20 & 21 Vict. c. 43 s. 2; 42 & 48 Vict. c. 49 s. 33.]
1st schedule: form 85; form 88.
Transmission of case to Registrar, and notice to respondent.
[20 & 21 Vict. c. 48 s. 3.]
Amendment of case by Magistrate.
Setting down case for argument.
No. 3 of 1890.
MAGISTRATES.
(2) Whenever any accused person has been committed for trial and the Attorney General has, in pursuance of any Ordinance, remitted the case for further investigation or to be dealt with summarily, the committing Magistrate shall re-open the case and deal with it in all respects as if the accused had not been committed for trial, and if the case is such that it may be dealt with summarily by such Magistrate, he shall so deal with it.
[s. 97, rep. No. 8 of 1912 s. 19.]
PART VI.
APPEALS.
Appeal on question of Law.
98. Within 7 clear days after the hearing and determination by a Magistrate of any complaint, information, charge, or other proceeding which he has power to determine in a summary way, either party thereto or any person aggrieved thereby who desires to question by way of appeal any conviction, order, determination, or other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is in excess of jurisdiction, may apply in writing to the Magistrate to state and sign a case setting forth the facts and the grounds on which the conviction, order, or determination was granted and the grounds on which the proceeding is questioned, for the opinion of the Full Court.
99. The appellant shall, within 14 days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party or parties to the proceeding before the Magistrate, hereinafter referred to as the respondent or respondents.
100. After the delivery of a case to the appellant as aforesaid but before the case has been set down for argument before the Full Court, it shall be lawful for the Magistrate, on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit.
101. When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party.
As amended by No. 1 of 1912.