[CAP. 227
the court in custody for the purpose of attending the appeal or any application or proceeding therein.
(2) The time during which an appellant, pending the determination of his appeal, is admitted to bail, and, subject to any directions which the judge may give to the contrary, the time during which the appellant, if in custody, is treated as if he were a person awaiting trial, shall not count as part of any term of imprisonment under his sentence, and any imprisonment under the sentence of the appellant, whether it is the sentence passed by the magistrate or the sentence passed by the judge, shall, subject to any directions which may be given by the judge, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from and including the day on which the appeal is determined, or, if he is not in custody, as from and including the day on which he is received into prison under the sentence.
(3) Paragraph (a) of section 117 and subsections (1) and (2) of this section shall apply to the case of a review under the provisions of section 102, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.
[117 c. 23, ef 7 Edw. 7, s. 14 (3).]
Attorney General to substitute party in appeals in certain cases.
24 of 1949, s. 39.
121. In the case of any appeal to which section 103 or III applies from a determination relating to or connected with an offence it shall be lawful for the Attorney General, if he is not already a party to cause himself to be substituted as a party in lieu of the complainant or informant at any time before the date fixed for the hearing of the appeal by notice in writing to such complainant or informant and to the Registrar and thereupon such complainant or informant shall cease to be a party to any further proceedings and the Attorney General shall be deemed to be a party.
[118
Provisions for costs in cases where the Attorney General has intervened.
122. Notwithstanding the provisions of sections 14 and 121 a complainant or informant shall remain liable to pay and be entitled to recover, as the case may be, the costs incurred prior to the date when he ceases to be a party to the proceedings by reason of the intervention of the Attorney General, and in making any order as to costs a magistrate
9 of 1950, General Schedule.
299