488
Review of decision and
magistrate.
No. 3 of 1890.
the
MAGISTRATES.
(2) Where, however, the bail of the person in prison is taken by the magistrate's clerk or a justice of the peace, in pursuance of section 9 (5), a written certificate, signed by such magistrate's clerk or justice, that bail has been duly given shall be a good authority to the said Superintendent to discharge the person so bailed from custody forthwith, unless he is also in custody for some other cause.
Re-hearing.
96. (1) It shall be lawful for a magistrate, on such re-hearing by grounds as he may deem sufficient, to review his decision or adjudication within seven clear days from the date thereof, (unless in the meantime an application has been made to state and sign a case under section 98 and such application is not withdrawn), and, on such review, to re-open and re-hear the case wholly or in part, and to take fresh evidence and to reverse, vary, or confirm the previous decision or adjudication.
[cf. No. 9 of 1899, ss. 12-14.]
(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.]
Application on point of law.
98.
PART VI
APPEALS.
Appeal on question of law.
Within seven 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,
20 & 21 Vict. c. 43, s. 2;
* See s. 106, and definitions of “party" and "respondent" in s. 2.
to state case on point of law.